HomeMy WebLinkAbout11/27/2007 CC Reports
CITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
ROBERT E BOB MAGEE MAYOR
DARYL HICKMAN MAYOR PRO TEM
THOMAS BUCKLEY COUNCILMEMBER
GENIE KELLEY COUNCILMEMBER
ROBERT SCHIFFNER COUNCILMEMBER
ROBERT A. BRADY CITY MANAGER
WWW LAKE ELSINORE ORG
(951) 674-3124 PHONE
(951) 674 2392 FAX
LAKE ELSINORE CULTURAL CENTER
183 NORTH MAIN STREET
LAKE ELSINORE CA 92530
*************************************************************************************
TUESDAY, NOVEMBER 27,2007
CLOSED SESSION AT 500 P M
PUBLIC SESSION AT 7 00 P M
The City of Lake ElSinore appreciates your attendance CItizens Interest provides the
Council and Agency with valuable Information regarding Issues of the community
Meetings are held on the 2nd and 4th Tuesday of every month In addition meetings are
teleVised live on Time Warner Cable Station Channel 29 and Venzon Subscnbers 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 Dlstnct Thank you for your cooperation
The agenda IS posted 72 hours pnor 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 Fnday pnor to the Council meeting and are available on the
City s web site at www lake elslnore orq
In compliance with the Amencans with Disabilities Act any person with a disability who
requires a modification or accommodation In order to participate In a meeting should
contact the City Clerk s Office at (951) 674 3124 ext 262 at least 48 hours before the
meeting to make reasonable arrangements to ensure accessibility
CALL TO ORDER 5 00 P M
ROLL CALL
CLOSED SESSION
(1) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
SIgnificant exposure to litigation pursuant to subdivIsion (b) of Section 54956 9
one potential case
RECONVENE IN PUBLIC SESSION (7 00 PM)
.::=----
PLEDGE OF ALLEGIANCE
INVOCATION - MOMENT OF SILENT PRAYER
ROLL CALL
PRESENTATIONS/CEREMONIALS
(2) Mayor Magee will present a proclamation to Sergeant Mark Cordova In
recognrtlon for his years of service to the City
(3) Presentation of Blue Star Program Recipients
(4) Mayor Magee will make presentations to those individuals and bUSinesses In
acknowledgment of assisting With the Lake closure and the HawaII Mars Air
Tanker operations at the boat launch
(5) Mayor Magee along With the Unity 5 K Run Chairperson Ms Kaas will be making
presentations to Project HOPE COPS 4 Kids Communrty Connections and the
Boys and Girls Club
(6) Mayor Magee will present a plaque to the BUSiness of the Quarter
(7) Chamber of Commerce representative will proVide an update on Chamber
actiVities
CLOSED SESSION REPORT
PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE
(Please read & complete a Speaker s Form at the podium prior to the start of the City
Council Meeting)
PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES
(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
Councllmember or any member of the public requests separate action on a specific
Item)
(8) Minutes of the FolloWlnq Meetlnq(s)
Recommendation Approve the follOWing minutes
a Special JOint City Council/Redevelopment Agency Study Session meeting
of August 30 2007
b JOint City Council/Redevelopment Agency Study Session of November 13
2007
c Regular Meeting of November 13 2007
(9) Warrant List Dated November 15. 2007
Recommendation Authorize payment of Warrant List dated November 15
2007
(10) I nvestment Report for October
Recommendation Receive and file
(11) Claim Aqalnst the CltV
Recommendation Reject the claim listed and direct the City Clerk s Office to
send a letter Informing the claimant of the deCISion
(12) Wlnterfest Celebration and Street Closures
Recommendation Approve closure of Main Street for Wlnterfest
(13) Purchase Authorization for Storaqe Area Network System (SANS)
Recommendation It IS determined to be In the best Interest of the City to waive
the Informal bidding process and authorize the City Manager to sign and Issue a
purchase order to Nth Generation Computing Inc a HP certified vendor to
acquire and Install the SANS device
(14) Authorization for City Manaqer to Enter Into a Contract with HDR. Inc to Prepare
CEQA Compliance Documents for the Prolect Known as Onterra Holdlnqs. LLC
(Previously Known as Bastion Development)
Recommendation Authorize the City Manager to enter Into a contract with HDR
for the greater amount associated with the EIR process for $149 050 however
the applicant should only be reqUired to deposit the amount associated with an
MND ($89 300) until a CEQA document determination has been made
(15) General Plan Update
Recommendation Receive and file
(16) Resolution of Intention to Annex Property Into Community FacIlities District No
2007 1 (Law Enforcement. Fire and Paramedic Services) and to Authorize the
Levv of a Special Tax Within Annexation Area No 1 (Red Kite)
Recommendations
1) Waive further reading and adopt a resolution of intention to annex property
Into Community FacIlities District No 2007 1 (Law Enforcement Fire and
Paramedic Services) and to authorize the levy of a special tax within said
district
2) Schedule a public hearing on Annexation Area No 1 (Red Kite) for
January 8 2008
(17) Resolution Approvlnq a Deposit and Reimbursement Aqreement. Resolution of
Intention to Establish Communltv Facilities Dlstnct No 2007 5 (Red Kite) and
Resolution of Intention to Incur Bonded Indebtedness
Recommendations
1) Waive further reading and adopt a resolution approving a Deposit and
Reimbursement Agreement relating to the City of Lake Elsinore Community
FaCilities Dlstnct No 2007 5 (Red Kite)
2) Waive further reading and adopt a resolution of intention to establish City of
Lake Elsinore Community Facilities Dlstnct No 2007 5 (Red Kite)
3) Waive further reading and adopt a resolution of intention to Incur bonded
Indebtedness In the amount not to exceed $2 500 000 Within the proposed
City of Lake ElSinore Community Facilities Dlstnct No 2007 5 (Red Kite)
(18) Sidewalk Construction. Vanous Locations - Chanqe Order No 1
Recommendations
1) Approve Change Order No 1 for $58 041 50 for E G N Construction Inc
2) Authonze the City Manager to execute Change Order No 1 With E G N
Construction Inc for $58041 50
(19) Aqreement to Reimburse TUMF Funds for Rlqht Of Wav Costs of SR74/115
Interchanqe Prolect
Recommendation Authonze the Mayor to sign an agreement on behalf of the
City for TUMF reimbursement
PUBLIC HEARING
(20) General Plan Amendment No 2007 14. Industnal Deslqn Review No 200603
Falrwav Business Park
Recommendations
1) Waive further reading and adopt a resolution adopting Mitigated Negative
Declaration No 2007 5
2) Waive further reading and adopt a resolution adopting findings that the
entitlements are consistent With the Multiple Species Habitat Conservation
Plan
3) Waive further reading and adopt a resolutIon approving General Plan
Amendment No 200714
4) Waive further reading and adopt a resolution approving Industnal Design
Review No 2006 03
(21) Adoption of Ordinance 1237. Adoptlno bv Reference Vanous Construction Codes
with Amendments and Appendices
Recommendation Waive further reading and Introduce an ordinance repealing
and reenacting Chapters 15 02 15 04 15 20 15 24 15 36 15 38 15 56 of the
Municipal Code adopting by reference the 2007 Edition of the California BUilding
Standards Code known as the California Code of Regulations Title 24 (CCR T
24) incorporating the International BUilding Code 2006 Edition the Uniform
Plumbing Code 2006 Edition the Uniform Mechanical Code 2006 Edition the
National Electncal Code 2005 Edition the International EXisting BUilding Code
2006 Edition the International Fire Code 2006 Edition and amending those
California BUilding Standards as Identified herein through express findings of
local necessity
BUSINESS ITEMS
(22) Introduction of an Ordinance ReoUlnno a Special Event Permit to Operate
Hvdroplane Vessels on Lake ElSinore
Recommendation Waive further reading and Introduce an ordinance amending
Section 9 96 140 of the Lake ElSinore MUnicipal Coe regarding use of hydroplane
vessels
(23) Second Readlno - Adoption Of Ordinance No 1235. Related to Communltv
FacIlities Dlstnct No 2006 5
Recommendation Waive further reading and adopt Ordinance No 1235 acting
as the legislative body of the City of Lake ElSinore Community FacIlities Dlstnct
No 2006 5 (Parks Open Space and Storm Drain Maintenance) authorizing the
levy of special tax within Annexation No 2 (California BUSiness Condos) annexed
to said dlstnct
(24) Second ReadlnO - Adoption Of Ordinance No 1236. Related to Zone Chanoe
No 2007 05
Recommendation Waive further reading and adopt Ordinance No 1236
approving pre annexation Zone Change No 2007 05
PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker s Form at the Podium pnor 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
December 11 2007 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?
VIVIAN M MUNSON
CITY CLERK
l,
N ~;l./, dooJ
DATE
CITY OF ~
LAKE 6LSINORJ:
, ,
~._~ DREAM E,x'TREMEN
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27, 2007
SUBJECT CLOSED SESSION REPORT
DIscussion
Conference WIth Legal Counsel AntIcIpated LItIgation
Significant exposure to litigation pursuant to subdivIsion (b) of Section 549569 one
potential case
Recommendation
Recess prior to adjournment of tonight s meeting In order to conduct an executive
(closed) session
Approved by
Robert A Brady oih
Executive Dlrect~
Agenda Item No 1
Page 1 of 1
CITY OF ~
LAKE 6LS1NORt
\ ,
~.... DREAM EX'TREME~
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27, 2007
SUBJECT PRESENTATION
DIscussion
Mayor Magee will present a proclamation to Sergeant Mark Cordova In recognition for
his years of service to the City
Approved by
Robert A Brady 111..Ml::'
City Manager ~
Agenda Item No 2
Page 1 of 1
)
I
CITY OF ~
LA}ZE 6LSINORJ:
\ ,
'ii;'.~ DREAM EjTREMEN
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27 2007
SUBJECT PRESENTATION OF BLUE STAR PROGRAM RECIPIENTS
DIscussion
Mayor Magee will present Certificates of Appreciation to members In the United States
Armed Forces
Approved by
Robert A Brady ft) M27
City Manager V~
Agenda Item No 3
Page 1 of 1
CITY OF ~
LA~E ,6,LSINORJ:
~~~ DREAM EX'TREME~
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27, 2007
SUBJECT PRESENTATION OF CERTIFICATES OF APPRECIATION
DISCUSSion
Mayor Magee will make presentations to those indivIduals and businesses In
acknowledgment of assisting with the Lake closure and the HawaII Mars Air Tanker
operations at the boat launch
Recommendation
Receive and file
Approved by
Robert A Brady (,)/ ~
City Manager Ii;
Agenda Item No 4
Page 1 of 1
CITY OF ~
LAIZE 6LS1NORJ:
\ I
'?'.:~ DREAM EX'TREMEN
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27 2007
SUBJECT PRESENTATION
DISCUSSion
Mayor Magee along with the Unity 5 K Run Chairperson Ms Kaas will be making
presentations to Project HOPE COPS 4 Kids Community Connections and the Boys
and Girls Club
Approved by
Robert A Brady 'f) ^{L
City Manager f-W
Agenda Item No 5
Page 1 of 1
CITY OF ~
LAKE 6LSINOIU:
, ,
~.- DREAM E;(TREME~
REPORT TO CITY COUNCIL
TO
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM
ROBERT A BRADY
CITY MANAGER
DATE
NOVEMBER 27, 2007
SUBJECT PRESENTATION TO THE BUSINESS OF THE QUARTER
DIscussion
Mayor Magee will present a plaque to Lake Elsinore Motocross Park
Approved by
Robert A Brady tllJ
City Manager 'W
Agenda Item No 6
Page 1 of 1
CITY OF ~
LAKE ,&LSINORE
'?'.~ DREAM EXTREME~
REPORT TO CITY COUNCil
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCil
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27, 2007
SUBJECT CHAMBER OF COMMERCE UPDATE
DISCUSSION
A representatrve from the lake Elsinore Chamber of Commerce will be providing an
update on Chamber actrvltles
RECOMMENDATION
Receive and file
Approved by
Robert A Brady/,) i:2,
City Manager IpY
Agenda Item No 7
Page 1 of 1
MINUTES
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
SPECIAL STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
THURSDAY, AUGUST 30 2007
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CALL TO ORDER
Mayor Magee called the Special JOint Study Session to order at 5 04 P m
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 Lake & Aquatic Resources Director Kilroy Public Works Director
Seumalo Community Development Director Prelsendanz Parks & Recreation Director
Gonzales and Intenm City Clerk Soto
PUBLIC COMMENTS
Mayor Magee suggested staff do their presentation first and public comments would be
taken afterward
DISCUSSION ITEMS
A CIVIC Center Presentation and DISCUSSion reoardlnO the Deslon and Site
Selection
Administrative Services Director Pressey stated he had Important Issues to
discuss regarding the CIVIC Center He spoke on the tOpiCS that would gUide the
diSCUSSion
RDA Project Manager McCarty gave background Information on what was done
to Involve the community with the project He Indicated as part of the City s
1
Agenda Item No 8
Page 1 of 55
Public Outreach Campaign a public survey was sent to 21 000 households He
noted the City received 2 000 responses He mentioned there was a diversity of
opinions In the City He commented on feedback that was given with regard to
the responses received
RDA Project Manager McCarty commented on the Space Needs AnalysIs He
noted an office by office analysIs was conducted for the new City Hall
Administrative Services Director Pressey commented on the Cost and FeaSibility
AnalysIs He pOinted out the construction costs for the facIlities parking structure
and land He Indicated the grand total cost for Site No 1 would be $75 753 214
and $74 768 401 for Site No 2
Administrative Services Director Pressey indicated through a combination of
resources the project would be feaSible He noted a vanety of revenue sources
had been reviewed In addition to debt structure the need to attract and generate
sales tax continuing to control eXisting budgetary spending and potential phaSing
options
Administrative Services Director Pressey commented on the debt service
structure He noted debt service would begin In 2012 or five years He further
noted In five years affording the Interest and paYing an escalating pnnclpal
portion was probable and a phased approach would not be reqUired
Administrative Services Director Pressey spoke of phaSing the project and how It
would be done He noted the advantages and disadvantages of phaSing
Administrative Services Director Pressey gave a City Hall cost companson He
noted the cost square footage number of employees and population for City
Halls In surrounding areas
RDA Project Manager McCarty commented on design objectives He indicated
staff was looking for gUidance on the layout and site placement hlstonc Lake
ElSinore architectural design and standards architectural style design elements
and design appropnate to context
RDA Project Manager McCarty commented on the layout and site placement
He noted the alternatives With each option He Indicated their goal was
downtown revitalization
RDA Project Manager McCarty commented on hlstonc Lake ElSinore
architectural design standards He pOinted out that both sites fell Within RDA
hlstonc design standards He gave examples of each style that was suggested
and design elements for the project
2
Agenda Item No 8
Page 2 of 55
RDA Project Manager McCarty indicated staff needed Council s feedback In
regard to architectural style
Bill Llsklm Design Competition Juror spoke on other CIVIC Center examples
He noted the Identity of the City came from the lake He commented on the
Importance of the lake and lake front landscaping
Mr Llskm Introduced the Design Competition Finalists
Brian Healy Brian Healy Architects commented on his background and what
attracted him to the competition He Indicated he was attracted to the Idea of
keeping the CIVIC Center downtown
Jim Gabriel Architects Hanna Gabriel Wells commented on the Importance
of the community s feedback and the Importance of including the lake He
thanked everyone for allOWing them to be part of the project
Julie Elzenburg, Konmg Elzenberg Architecture, provided background on
herself and her firm She noted what attracted her firm to the project She
commented on how to make the City a legacy for future generations She further
commented on honoring the past
RDA Project Manager McCarty thanked the architects for attending the meeting
Edward Kotkm, Legal Representative for Ibarra's Market Introduced the
president and vice president of the market He indicated the owners had worked
hard to make the market what It was He noted they were In favor of a new CIVIC
Center He commented on the Incentives of Site No 1 as compared to Site No
2 He stated Ibarra s Market would like to stay He submitted a petition of 2 256
signatures of Individuals In favor of keeping the market where It was He noted
he was Interested In Council s feedback He gave a letter that he previously
addressed to Council to the Deputy City Clerk to place In the record
Carl Johnson, NEAR CAL Corp, Indicated he was one of the Design
Competition Jurors He noted the feedback of the design concepts were very
good He spoke of the area and the type of bUilding he felt would be desired He
noted the architect needed to be held to a budget He suggested hiring a
construction manager and uphold them to a certain criteria He commented on
what to be mindful of to reduce costs
FrancIs Henkel, Lake Elsmore resident noted he was a property owner In
Lake ElSinore He commented Lake ElSinore was a diamond In the rough He
suggested having activity around the clock at the new CIVIC Center In an effort to
bring people back He stated there needed to be something to attract people to
the area
3
Agenda Item No 8
Page 3 of 55
Kim COUSinS, Chamber of Commerce President noted the Lake Elsinore
Valley Chamber of Commerce Board of Directors preferred Site 2 over Site 1
He commented on the feedback they had received from the public survey He
noted Site 2 gave more room to expand and 48% of the people who responded
to the survey preferred Site 2
Fred Dominguez Lake Elsinore resident thanked the Council for their
commitment to keep the CIVIC Center downtown He noted the Downtown Main
Street Merchants had petitioned the Council since December of 2006 to use the
site In front of the Cultural Center He indicated they felt this was the most logical
site He spoke on the Importance of historical values
Leonard Lelchmtz, LUMOS Commumtles expressed hiS fiscal concerns with
the project He noted he had seen great deSigns for the CIVIC Center He
inquired If the City could afford the CIVIC Center He stated the City should be
cautious with debt He spoke on the three architectural finalists and noted they
were different from the deSign requested by the community He commended
staff for their hard work
Steve Allen, from Lee Rubin, Allen Partnership spoke on the aesthetics of
the CIVIC Center He noted the style did not need to be determined by the size of
the project He suggested gOing with a taller bUilding He stated It was pOSSible
to achieve a histOriC look with a tall bUilding
Dick Knapp Lake ElSinore reSident, spoke of hiS concern for Site 2 He noted
hiS recommendation for a location for the proposed CIVIC Center He indicated
Site 2 had a lot of acreage but not a lot of property on high levels He suggested
putting the CIVIC Center on higher ground where It would not be affected by the
rains
Michael 0 Neal, Lake ElSinore reSident noted he appreciated the artwork
submitted for the deSign of the CIVIC Center He commented he did not find the
submittals appropriate for the histOriC district of the City He spoke on historical
architecture He Indicated what he thought the deSign should reflect He gave
Ideas for styles and enhancements He indicated the style should reflect the
ethnlclty and culture of the City He stated the love of Lake ElSinore was
downtown
Barbara Anderson Lake ElSinore reSident commented on her background
She asked for reconsideration of a 2 story library bUilding She indicated It was
very difficult to staff and expensive to operate She noted there were a lot of
potential problems when It came to a 2 story library bUilding She commented a
site near the Police station would be safe and convenient
4
Agenda Item No 8
Page 4 of 55
Jerry Harmatz Lake Elsinore resident noted Lake Elsinore would be a big
city He suggested gOing slow and taking the time to bUild He commented by
the time the bonds were paid off the bUildings would be Inadequate
Administrative Services Director Pressey Invited members of the Technical
Committee to speak
Ruth Atkins Techmcal Committee noted 41% of the people favored a hlstonc
style She further noted 21 of the 22 architectural design submissions were by
the lake She commented the survey showed a large number of residents liked
the Idea of the CIVIC Center being located near the lake She thanked staff for
their hard work She commented It was Important to recognize the residents
desire to have a hlstoncallmage reflected In the CIVIC Center
John Gonzales Lake Elsinore resident noted he preferred alternative Site 9
He commented on Ibarra S Market being the only market downtown He spoke
on his concern with the budget He Indicated the designs the architects
submitted did not Impress him
Mr Llsklm commented on other Ideas the jurors had who were not present
Councllmember Kelley thanked everyone for attending She commented
everyone agreed the project needed to be a destination place She noted the
CIVIC Center needed to prOVide a sense of public pnde She indicated she had
served on the JUry and commented on her expenence She spoke of the
Importance of the architectural firms listening to everyone s comments
Councllmember Kelley indicated the JUry had reached a pOint where deCISions
needed to be made by the Council In regard to design style budget and locallon
She noted the cost was an Important factor She stated some of the suggestions
for revenue were questionable She noted she would like to move forward at a
slower pace and that she was In favor of phasing
Councllmember Kelley commented on the design elements She noted the
community would like something hlstonc looking WIth a contemporary style She
spoke on connectivity and the need to honor the past
Mayor Pro Tem Hickman mentioned his concerns With the budget and the fiscal
Impact He commented on what he favored for style and In what areas He
indicated he would be In favor of phaSing the project He suggested utiliZing the
outflow channel as a nver walk
Councllmember Buckley stated the purpose of the CIVIC Center was not Just to
replace Inadequate faCilities but to create new excitement and stimulate
development In the downtown area He suggested bUilding up the water front
He noted he was not In favor of more than three or four stones
5
Agenda Item No 8
Page 5 of 55
Councllmember Buckley Indicated he favored Site 2 for the CIVIC Center He
Indicated he agreed with Carl Johnson on the budget He noted the three
designs submitted by the architects were innovative He Indicated 93% of people
favored a pier He noted thiS project was an opportunity to create a dynamic new
Image
Councllmember Schiffner stated there was a need for new facIlities He indicated
the biggest reason for the project was to redevelop the downtown area He
noted he favored the site by the water He explained It was easier for a City to
develop the lake area compared to a developer He noted he was In favor of
phaSing
Council member Buckley spoke of gOing with a modern style by the lake and
more hlstonc by Inland Main Street
Mayor Pro Tem Hickman commented the pnvate sector could do a better Job
than the publiC sector of developing the area around the lake He stated If City
Hall was not located on Inland Main Street the area would die
Mayor Magee thanked staff for their presentation He also thanked the public
and the architects for attending the meeting
Mayor Magee commented the project needed to be phased He noted fiscal
responsibility was Important and he did not want to go through what the City went
through With the stadium
Mayor Magee indicated he favored Site 1 Alternative 5 He noted he was drawn
to the lake but reverted back to the downtown area He commented on what he
was In favor of In regard to style and enhancements He further commented he
liked the neo claSSical and Monterey Spanish style
Mayor Magee stated he was In favor of moving forward With the project at a slow
pace
Administrative Services Director Pressey summanzed and confirmed Council s
comments
RDA Project Manager McCarty requested a few pOints of clanficatlon on several
Items
Council member Buckley responded the parking structure could be whatever size
It needed to be He suggested utiliZing the Cultural Center for the Council
Chambers If It IS decided to bUild In Inland Main Street
Councllmember Kelley noted she was In favor of a 1 story library
6
Agenda Item No 8
Page 6 of 55
Councllmember Buckley noted he was In favor of a 2 story library bUilding He
noted the second story could be utilized for meeting rooms and storage
Councllmember Schiffner commented the style and size of the bUilding depended
on the location
ADJOURNMENT
Mayor Magee adjourned the Special JOint City Council/Redevelopment Agency Study
Session at 7 29 P m
Robert E Magee
Mayor
Thomas Buckley Chairman
Redevelopment Agency
ATTEST
Michelle Soto
Interim City Clerk
7
Agenda Item No 8
Page 7 of 55
/'
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f (
LAw OFFICES OF
WOODRUFF, SPRADLIN & SMART
(
-'
A PROFESSIONAL CORPORATION
701 SOUTH PARKER STREET SUITE 8000 . ORANGE CA 92868 4760 . (714) 558 7000 . FAX (7'4) 835-7787
DIRECT DIAL (714) 564 2635
DIRECT FAX (714) 565 2535
EMAll EKOTKIN@WSS LAW COM
August 28 2007
VIA HAND DELIVERY
City Manager Robert Brady
City of Lake ElSinore
130 South Main Street
Lake ElSinore CA 92530
Re Ibarra s Market
Dear Mr Brady
My client Ibarra s Market Inc (Ibarra) delivers thiS letter for your consideration
as you select a site for the new CIVIC center that Will serve the City of Lake ElSinore
( City) and ItS residents Into the twenty first century As you know Ibarra s pnmary
place of bUSiness IS located at 217 North Main Street situated at the corner of Main
Street and Franklin Avenue on land Identified as assessors parcel number 374 164005
(the Property) The Ibarra s Property IS part and parcel of prospective CIVIC center
Site 1 as referenced In the City s conSideration of thiS matter to date
Ibarra IS proud to do bUSiness In Lake ElSinore and regards Itself as a
stakeholder In ItS future In fact Ibarra has been consldenng the expansion of ItS City
presence vIa the purchase of additional land and placement of a second store In the
community to help sustain Lake ElSinore s residents (the Expansion) As a thnvlng
bUSiness serving ItS local neighborhood In the Downtown Hlstonc Dlstnct Ibarra IS
eXCited about the prospect of the City s development of a new CIVIC center (the
ProJect) Ibarra congratulates the City on ItS VISion and looks forward to working With
City staff to Insure the Project s success However Ibarra s enthUSiasm IS tempered by
ItS utmost deSire to continue dOing bUSiness at the Property
The Ibarra family purchased the Property In 2002 Through the past five (5)
years the Ibarra family has worked hard to make the market that It operates on the
Property (the Market) a valuable asset for the City s people Today the Market IS a
prosperous prOVider of high quality meat produce and other grocery Items to Its loyal
Lake ElSinore customers Between 2002 and 2006 the Ibarra family Increased Ibarra s
annual sales around three hundred and fifty percent (350%) from approximately two
million dollars ($2 000 000 00) to over seven million dollars ($7 000 000 00)
TERRYC ANDRUS. CINDYR BECKER. EOWARDL BERTRAND. M LOIS BOBAK . CAROLINE A BYRNE. PATRICKM DESMOND. JAMESM DONICH
CHRISTINA M DOYLE. JAMES H EGGART . CRAIG G FARRINGTON. JOSEPH W FORBATH . BRADLEY R HOGIN . DOUGLAS C HOLlAND
DAVIDE KENDIG. EDWARDZ KQTKIN. ROBERTA A KRAUS. MAGDALENALONA WIANT. MARKM MONACHINO . LAURA A MORGAN. THOMASF NIXON
BARBARA RAILEANU . JASON S RETIERER . OMAR SANDOVAL. JOHN R SHAW. MATTHEVV R SILVER. GREGORY E SIMONIAN.
KENNARD R SMART JR . DANIEL K SPRADLIN. Al YSON C SUH . THOMAS L WOODRUFF Agenda Item No 8
Page 8 of 55
5474291
.
City Manager Robert Brady
Augusl28 2007
Page 2
This success story has been driven by the Ibarra family s extensive efforts to
bUild their reputation and the Market s goodwill In the community Today the Market
has a strong repeat customer base inclusive of a demographic cross section of the
City s residents Through the years this customer base has come to know the Market
as ItS own grocery store Regrettably the intangible assets created by the Ibarra family
cannot be replaced by simply relocating the Market The Market s Relocation would
reqUire the Ibarra family s re establishment of the Market s reputation and the goodwill
that they have worked so hard to secure
The difficulty of this task IS compounded by the Ibarra family s effective
capitalization of the Market s unique location Located In the heart of the community
that It serves the Market IS walking distance from ItS customer base largely denved
from the surrounding reSidential neighborhoods A large percentage of Market
shoppers walk from their homes through the Market s doors each day
The Market IS the engine dnvlng the entire Ibarra family s livelihood It supports
the five (5) family members who own the Property and Market as well as their spouses
and children Additionally consistently strong revenues flOWing from the Lake ElSinore
Market s performance have allowed the Ibarra family to maintain a second less
established and profitable market stili taking root In Orange County The Lake ElSinore
Market IS also a source of Income for City reSidents proViding a liVing wage to ItS
twenty five (25) employees and their families In addition It warrants mention here that
the Market leases a small area to Ms Margarita Gonzales who runs a successful travel
agency and money wIring bUSiness on the premises Ms Gonzales leases thiS Market
space for her bUSiness for SIX hundred dollars ($600 00) per month
Ibarra respectfully submits that the City s Lake Front Site Site 2 per the City s
references throughout the Project s conSideration to date (the Lake Front Site) IS the
superior site being conSidered The Lake Front Site offers more room for expansion
than the above referenced Site 1 Further the Lake Front Site s development Will
benefit all of the bUSinesses on Main Street by draWing more traffic from the freeway
down Main Street In addition the Lake Front Site s utilization for the Project causes
the least amount of bUSiness disruption as It IS largely unimproved land
Ibarra certainly recognizes the benefit of and need for a new CIVIC center We
are hopeful that the Lake Front Site Will be chosen Inasmuch as It seems the most
benefiCial However If the City selects Site 1 Ibarra IS eager to work With City staff to
explore the option of the Market s continued eXistence In the City s Downtown HistOriC
District alongSide the new CIVIC Center (the Co-EXistence Option) In that context
Ibarra would welcome a diSCUSSion With the City of how the Market s presence might
advance the City s goals
Should the City ultimately determine that It must pursue the Project on Site 1 on
September 11 2007 we would ask that City staff contact our office shortly thereafter
We would like to cooperatively explore the Co EXistence Option as soon as pOSSible If
on the other hand the Project Will be Implemented on Site 1 and the City does not
5474291
Agenda Item No 8
Page 9 of 55
City Manager Robert Brady
August 28 2007
Page 3
regard the Co EXistence Option as worthy of discussion we will be representing Ibarra
through City acqUisItion diScussions These discussions will necessarily require that the
Property S appraisal by both Ibarra and the City and an assessment of the Market s
substantial goodwill and relocation costs commence fairly qUickly
Once It learned about the City S consideration of the Project Ibarra S
consideration of the Expansion necessarily came to a grinding halt pending this matter S
conclusion More specifically Ibarra terminated substantial diScussions with two (2)
Lake Elsinore land owners when the company learned that the Market S continued
operation at the Property might be In Jeopardy as a consequence of City acquIsition
Ibarra looks forward to re focusing ItS attention on opening ItS third market within the
City and Increasing ItS VISibility and participation In the community Toward that end we
want to cooperate In every way reasonably possible With the City and we plan to be
present at the August 30 2007 study session and the September 11 2007 City CounCil
meeting In the Interim should you have any questions or comments please do not
hesitate to contact the undersigned
Very truly yours
WOODRUFF SPRADLIN & SMART
A Professl nal Corporation
----..
cc Barbara Leibold Esq City Attorney
Board of Directors Ibarra s Market Inc
Agenda Item No 8
Page 10 of 55
5474291
.
LEE RUBIN ALLEN
PARTNERSHIP
PROPOSAL TO PRESENT WHITE PAPER
TO THE CITY OF LAKE ELSINORE
The Lee Rubm Allen Partnership IS requestmg a time to present a researched paper (or White
Paper) to the City of Lake Elsmore This paper Will be presented to assist Council Plarmmg
CommiSSIOn and Staff m makmg mformed decIsIOns about a pOSSible new directIOn for Lake
Elsmore s future downtown busmess district LRA wowd also hke at that time to present 4 000
Lake Elsmore residents signatures m support of thiS new dlfectlOn Below IS a summary of the
mam pomts contamed m the paper winch will have an accompanymg PowerPomt presentatIOn
A request for the City to conSider taller bUlldmgs downtown
: Comparisons to similar developments mother hlstoflcaIly renovated downtowns
. Compare thiS JUllctllfe of Lake Elsmore s downtown development to that of other cIties
. Companson between cIties hostmg taller bUlldmgs versus the alternative of conventIOnal
land consumptive development
ConsideratIOn that allows Mam Street to enJoy new tall bUlldmgs Without destroymg the
old facades
. How tall buildmgs help create a pedestrIan oflented enVlfonment and Significant
economic stimulatIOn for Mam Street
: How tall buildmgs can create a higher quahty employment enVlfonment versus
employment m tilt up offices
. How quahty of hfe for Elsmore cItizens Will be enhanced by tall bUlldmgs
Savmgs m mfrastructllfe costs resultmg from tall bUlldmgs
.. The attractiveness of Lake Elsmore as a more prestigious busmess destmatlon resultmg
from hostmg tall buildmgs downtown
. The ecological Impact of reducmg sprawlmg office parks versus tall bUlldmgs
. How tall bUlldmgs can preserve green areas that flow mto tounsm recreatIOn and
aesthetic destmatlons aroUlld downtown and the lake
lof2
1(951)6741087h 11l1t11l1 (/\LIL/onn t
8/30/07
128PM
Agenda Item No 8
Page 11 of 55
j
LEE RUBIN ALLEN
PARTERSHIP
Aesthelic benefits of tall bUlldmgs that complIment the hIstoncal cItyscape of Lake
Elsmore
How tall bUlldmgs can revItalIze Mam Street
. Why the present lime IS most cost effectIve for Lake Elsmore to mcrease bUlldmg heIght
lImIts
Why Lake Elsmore s downtown Mam Street IS specIfically the best place to allow tall
bUlldmgs
That stable growth wIth hIgher paymgJobs are possIble m Lake Elsmore as a dIrect result
of tall bUlldmgs bemg allowed downtown
How tall bUlldmgs can benefit Lake Elsmore more than any other smgle type of
development
THIS PAPER IS AIMED AT STIMULATING AND INFORMING DISCUSSION ON
ARCHITECTURAL HEIGHT AND STYLE AND THEIR IMPACT ON LAKE ELSINORE S
FUTURE
whlte~
I m yeo tr
green paper
off I port sett g t go ernm t pol cy on a p rt cular 55 to be oled 0 by the untry s 1 glslat re See also
2 an offle al authontatve orheavllv researched reoorto atoDc for example a report prod c dbyagro pafJ urn I t
Encarta@WorldEngllshDlctlonary(;> 1999 Microsoft Corporation All
nghts reserved De eloped for Microsoft by Bloomsbury Publlshmg Pic
20f2
1(951)6741087hl-lltltun 1\ II/Oil 11 1
8/30/07
128PM
Agenda Item No 8
Page 12 of 55
--
August 30, 2007
Ilobert~agee,~ayor
Daryl Hickman, ~ayor Pro Tem
Geme Kelley, Councilwoman
Ilobert Schmffner, Councilman
Thomas Buckley, Councilman
/
Ilobert Brady, City ~anager
" '
~
<~ ,.0'
)' ~
I am here to address you on behalf of the Lake ElsInore Valley Chamber of Commerce
~
Board of DIrectors
" ;"'" \
~ ,
I would lIke ~ bnng to your attenhon the matenals that were used to draw the
r
conclusIons for our endorsement of SIte 2 over SIte I ~ - ~ _ -
\'
In develoPIng our recommendatIons the Lake ElSInore Valley Chamber of Commerce
\
reVIewed the results of the tylloWIng i
The Commumty WIde \:;lsIOmng Fonnn and the three (3) NeIghborhood
"" J{ r \
IWorkshopsrperformed by Mooney Jones & Stokes In June of 2006
i f 1,!;r
.. PublIc Survey Results for the CIVIC Center DeSIgn In June of2007
1 '" J st (01 I
, .. CIVIC Center Study SesSIOn matertals for today s meetIng
1 \ N"-. I J -r'" 1 Ii
'I- 'i \ t j I
\ \ /rJ \t J
IHere were the take aways from these documents i
1\
.. The VISIOmng Fonnn and NeIghborhood Workshops revealed that the Lake was
at the heart of clhzen s 'of Lake ElSInore ~
0' See Page 3 of Report for Summary of Comments
o Hlstonc PreservatIon Schools RecreatIOnal Opportunlhes Restaurant &
" i' ~ EntertaInment Water QualIty/ Improvement of Lake had 28 to 31
,
responses out of 32 by reSIdents as beIng Important or V cry Important
~ for the future of Lake ElSInore
o CItIzens of Lake ElSInore felt we should spend more tl!an we presently
do on Downtown ReVItalIzatIon Emergency Preparedness PolIce
ServIces Code Enforcement EconomIC Development & Local Job
CreatIOn Lake Water Supply & QualIty and Parks & Recreahon
v
)
4'
,
,
!
o
1
.. The PublIc Survey had several key pOInts related to selectIon & value
o See Page 6 of 10 for PublIc Survey Results
o Adequate Space Located In HIstone Downtown Potenhal to redevelop
AcceSSIbIlIty to Freeway MaIn Street and Lake Use of Vacant Land
o PedestrIan Fnendly ReVItalIze of Downtown HIstone Elements
Interpretahon or MIX of HIstone Tradlhonal & Innovahve ArchItecture
(951) 245 8848
132 West Graham Avenue Lake ElSinore CA 92530
Fax (951) 245 9127 Info@lakeelslnorechambercom www lakeelslnor~ J~ No 8
Page 13 of 55
.. CIVIC Center Study SessIOn Matenals
o SIte 1 has 9 54 acres WIth sIgnIficant hurdles on land ownershIp
o SIte 2 has 16 75 acres WIth more space to expand partner WIth developers
and has less land ownershIp Issues
o 48% selected SIte 2 theIr first pIck whIch combInes Lakeshore frontage
MaIn St access & the largest acreage
o SIte 2 also answers the responses by resIdents wantIng a PIer at the Lake
VISItOrs Center and Open Space/Park
In conclUSIOn the Lake ElSInore Valley Chamber of Commerce sees the selectIOn of SIte
2 as the genesIs behInd the ReVltallzatIon ofHlstonc Downtown MaIn Street SIte 2 has
proxImIty to the Chamber of Commerce ShenfP s StatIon CIty Park SWIck MatIch
FIeld Seaport Boat Launch Lake POInt Park and the SenIor Center
In response to the resIdents of Lake ElsInore concerns thIS affords us an OppOrtunIty to
create a PIer and Boardwalk along a SIgnIficant portIon of the shorelIne for PublIc Access
and Enjoyment The cItIes of BIg Bear and Lake Arrowhead dId not seIze the moment to
protect theIr cItIzen s nghts to enJoy theIr lakes Weare 119 years Into our MISSIon SInce
IncorporatIOn and we stIll have a chance to seIze the moment' 1 AmazIng"
No longer WIll be have to hear 1 can see the Lake but how do you get to It and get an
chance to rest upon the shore?
SIte 2 affords MaIn Street an entIcIng anchor to dnve VISItOrs from the freeway through
the downtown comdor and back We belIeve It affords the OppOrtunIty to develop a
hoteVrestaurant entertaInment sectIOn WIthIn lot B of SIte 2 as well as allows the CIty to
use an InterpretatIOn or mIx ofhIstonc tradItIonal & InnovatIve archltechIre on lots B
thru E
Our VlSlOn IS a gathenng place along the shore for reSIdents and VlSltOrS alIke to take In
the beauty that Lake ElSInore has to offer We look forward to partnenng WIth the CIty
of Lake ElSInore to make thIs happen
sm71L ~ '
KIm Joseph COUSInS
PresIdent/CEO
Lake ElSInore Valley Chamber of Commerce
132 W GraiJam Avenue
Lake ElsInore CA 92530
951 245 8848
Lake ElSinore Valley Chamber of Commerce 132 West Graham Avenue Lake Elslnorejl(ge9l!6llditem No 8
(951) 245 8848 Fax (951) 2459127 Info@lakeelslnorechambercom wwwlakeelslnorecham~lIJl114 of 55
SUMMARY OF LAKE ELSINORE PUBLIC WORKSHOP
SERIES- VISIONING HISTORIC LAKE ELSINORE'S
FUTURE
COMMUNITY WIDE VISIONING FORUM JUNE 18 APPROX 50 ATTENDEES
NEIGHBORHOOD WORKSHOPS
BUTTERFIELD ELEMENTARY, JUNE 20 APPROX 25 ATTENDEES
CULTURAL CENTER JUNE 23 APPROX 30 ATTENDEES
WITHROW ELEMENTARY, JUNE 29 APPROX 25 ATTENDEES
PROGRAM OVERVIEW
At all workshops the program was desIgned WIth an mtroductIon to the General
Plan Update project and an understImdmg of p111pose of the workshop followed
by an mteractIve vIsIOnmg exercIse
o The mtroductIOn provIded by MJS staff explamed the General Plan
Update process mtroduced the project team and proVIded a status report
The mtroductIon of the project also mcluded an overvIew of what the
General Plan IS and why the CIty of Lake Elsmore IS updatmg theIr Plan
Attendees mcluded a range of CItIzens and mterests GP AC members Plannmg
COlllillissIOners and CIty CouncIl members developers busmess owners and
reSIdents
At all workshops MJS staff prepared a senes of maps for partICIpants to reVIew to
help understImd and conceptualIze the eXlstmg condItIons and enVIronmental
constramts of Lake Elsmore as they enVlSlon and plan the CIty The lIst of maps
proVIded mcluded
o EXIstmg Land Use (from SCAG)
o Currently Adopted CIrCulatIon Plan
o CIty of Lake Elsmore Slopes
o CIty of Lake EIsmore Floodplams
o MSHCP Lands oflnterest
o MSHCP VegetatIOn! Cntena Cells
o MSHCP Plan Areas & Lands oflnterest
o MSHCP ConservatIon Areas
o AlberhIil Draft Land Use Plan
AddItIonal graplncs mcluded
o MSHCP SpeCIes for the Elsmore Area Plan
--3-
I
Agenda Item No 8
Page 15 of 55
o Current 1990 Land Use Plan Statlstlcal SIIIllillaIJ'
COMMUNITY WIDE VISIONING FORUM
The Commumty WIde VlslOnmg Forum was a umque program desIgned In conJunctlon
WIth the Southern CahfornIa Assoclatlon of Governments (SCAG) SCAG staff attended
the event and provIded cntlcal support m deslgnmg and faclhtatmg the program The
vlslonmg program was an exercIse by winch partIcIpants were gIven a large map of the
CIty of Lake Elsmore and a set of clnps wlnch represented dIfferent types of
development The clnps accurately represented the denSIties for each land use
deSIgnation that will be Identified m the general plan and were to scale Wlth the CIty map
to illustrate the land consumption and land avallablhty constraints
PartIcIpants were asked to break out mto groups of approxunately eIght (8) to ten (10)
people WIth each group located at a table WIth a base map of the CIty of Lake Elsmore (to
scale WIth the clnps) a clnp set and pens for an mteractlve vlslonmg sesSIOn Each
clnp set mcluded enough clnps to accommodate the future projected population for
Lake Elsmore and tape representmg road unprovements (black) and alternative transIt
routes (red)
The followmg drrectlon was given each group as a starting pomt Identify where you hve
and define your dlstmct neIghborhood areas The groups were then asked to use the clnps
and well as the tape to create therr Ideal vIsIon of the CIty m twenty years PartIcIpants
used the clnps to Illustrate the development they would like to see dIfferent colors of tape
to defme theIr future cITCulatlon and were also encouraged to draw or list their Ideas
Issues and concerns on the map PartIcIpants were asked to dISCUSS WIth members of
their group wln1e MJS project staff hstened, faclhtated and documented all suggestions
thoughts and concerns
NEIGHBORHOOD WORKSHOPS (3)
At the neIghborhood workshops partIcIpants were agam asked to create a vISIon for their
CIty ParticIpants were asked to break out mto smaller groups WIth each group located at
a table WIth a flIp chart base map of the CIty of Lake Elsmore and pens for an
mteractlve vlslOnmg sessIOn As a startmg pomt each group was asked to Identify where
you bve define your neIghborhood areas define your road system and define your
downtown Each group was also asked what they like best about their CIty as well as
what can be unproved PartIcIpants were encouraged to draw and record their Ideas and
concerns on the map as well as dISCUSS WIth members of their group wlnle MJS project
staff listened faclhtated and documented suggestions thoughts and concerns
--Lf-
2
Agenda Item No 8
Page 16 of 55
SUMMARY OF COMMENTS
The forum and workshop participants provided a wide vanety of comments The mput
and feedback was comprehensive and will be very valuable m shapmg the City s future
land use aIternal1ves and General Plan pohcles Of the many comments received the
mam pomts and reoccurnng Ideas and concerns from all the discussIOns IS detailed
below
. Take advantage of the lake to revltahze and beaUl1fy the City attract vIsitors and
lffiprove the opportuml1es of the cll1zens Make It a healthy focal pomt of the
City
. Embrace Lake Elsmore s nch history
. Redevelop/ revltahze/ refurbish Lake Elsmore s downtown by
o Bnngmg m umque services
o Providing entertamment and dmmg opportuml1es
o Developmg rmxed use With high density resldenl1al entertamment retall
and office employment m and around downtown
o Lmkmg downtown to the Lake through urban deSign
Improve traffic and clfculatlOn throughout the City
Provide needed CIVIC/ cull11fal msl1l11l1ons and heaIthcare services hospllals
hbranes higher educal10naI faclhl1es
Create a strong Jobs/ housmg balance With higher paymg Jobs
Estabhsh architecl11fal and other deSign cntena to lffiprove the urban deSign to
make Lake Elsmore dlslincl1ve and attracl1ve
Create a comprehensive pedestrian! bikeway path around the Lake
. Preserve and expand Lake Elsmore s recreal10nal (extreme sport) opportuml1es
Create entryways/ gateways that mVlte people mto the City
Improve the water quahty of the Lake
Do not allow Lake Elsmore to become Temecula & Murneta
NEXT STEPS
The maps created by the cll1zens through the vlslOnmg sessIOns Will be used to gUide the
City and MJS project team m developmg the fulilfe land use aItemal1ves Workshop
participants were also asked to complete a Workshop Quesl10nnmre all responses to the
quesl10nnalfe have been tabulated and Will be proVided to the City and GP AC
-5-
3
Agenda Item No 8
Page 17 of 55
CITY OF LAKE ELSINORE
SURVEY QUESTIONNAIRE
1 Please mdlcate how Important you consIder the followmg Items to the future of Lake ElsInore
Not Very No Very
Important OPIDlon Important
HIstonc PreservatIon 0 I 1 6 24
LandscapmgfTrees 0 0 2 6 25
Parks 1 0 0 8 25
ArchItecture of New Bmldmgs 0 3 5 7 18
Location of New Housmg 2 I 7 6 16
Schools I I 2 5 24
ConvenIent Shoppmg 3 I 5 12 13
PolIce ProtectIon I 0 1 7 24
MIx of Housmg Types (mcludIng semors and low
Income) 3 0 7 11 12
CondItion ofHousmg I 0 2 8 23
Jobs A vadable m the City 2 0 3 8 20
Control of GraffitI 1 0 1 11 21
BIke Lanes 2 4 6 7 16
FIre ServIces 1 0 2 5 25
Emergency MedIcal Response 1 0 3 3 26
Traffic Congeshon 1 0 1 9 23
PublIc Meetmg and Gathermg Places 2 0 3 15 13
Recreattonal Opportumttes 1 1 0 10 20
Restaurant and other Entertamment Opportlmltles 1 0 4 8 20
Water QualIty! Improvement of Lake 1 0 2 3 28
TOTAL 25 12 57 155 421
2 The City allocates limited resources to address a Wide range of Issues Consider the
follOWing Items and indicate If a greater (or less or the same) amount of resources should be
directed to them
Spend Spend Spend
Less the Same More
Preserving and enhancmg histone sttes and landscapmg
In hIstone areas 3 0 9 6 12
LandscapmglTrees 1 0 13 8 8
Road MaIntenance 0 0 I 14 17
Emergency Preparedness 0 0 6 10 15
Downtown ReVItalization 1 1 5 12 13
Encouragmg ConvenIent Shoppmg 3 1 6 12 9
Pohee ServIces 1 0 4 9 20
Encouragmg a WIde Range ofHousmg OpportumtIes 3 2 5 10 12
Property Upkeep and Code Enforcement ofEXlstlng
Ordmances 1 0 3 9 18
EconOmIC Development and Local Job CreatIon 0 0 6 12 15
..--CO Agenda Item No 8
- Page 18 of 55
ControllIng GraffilI 0 1 II 7 14
BIke Lanes 2 4 7 14 6
Redevelopment 0 2 4 II 16
Commumty Events 1 1 10 9 11
Road and Street Projects 0 0 2 14 15
Access to City Government 0 3 10 8 11
Lake water supply & qualIty 0 I 4 8 18
Parks and RecreatIOn (aclIVllIes & [acIlIlles) 0 2 2 13 15
TOTAL 16 18 108 186 245
--
!
Agenda Item No 8
Page 19 of 55
CITY OF LAKE ELSINORE
MEMORANDUM
TO MAYOR CITY COUNCIL AND PLANNING COMMISSION
FROM ROBERT A BRADY CITY MANAGER ,Jjj
DATE JUNE 22, 2007
SUBJECT I AKE ELSINORE CIVIC CFNTER DESIGN COMPETITION-
UPCOMING EVENTS AND PROCESS SYNOPSIS
As IndICated m the CompetItIOn Bnef presented to the CIty Council at the Apnl 26 2007 ClVle
Center Study SessIOn the Ldke Elslllore CIVIC Center DeSlb'11 CompelltIon IS scheduled to host
severdl events throughout the comIng weeks and months ThIS memo serves to outhne the
upddted course of events that WIll occur and to provIde a reVIew of the CompetItIOn process
The Lake Elsmore CIVIC Center DesIgn CompetItIOn commenced WIth d registratIOn process thdt
saw 10 1 firms from five of the seven contInents around the world express an mterest III
pdrtlclpatlllb m the process From that number almost half proceeded through Stage I a
Statements of Expenence and QuahficatlOns which allowed teams to demonstrate theIr level of
commitment and capablhty early on III the CompetItIOn process The screenmg process narrowed
the quahfied teams to 43
The first CompetItIon event was held thIS past Saturday June 16th The event which was
optIOnal for the deSIgn teams to attend prOVided an overview of the Compel1tlOn process and
cldnfied the VISIOn and purpose of the CIVIC Center project At ledst 16 firms and 25 archItects
and planners from as far as New York attended the event as well as the Mayor the ChaIr of the
RDA a Planmng CommISSIOner the CIty Manager the CompetitIon AdVISor three Department
heads and several other CIty staff members
Today 34 teams remdm m the Lake Elsmore ClYIC Center DeSIgn Compel1tlOn dnd Staff have
been workmg WIth our CompetItIOn AdVIsor to answer theIr questIons and usher them through
the process TypIcally about 50% 60% of the remammg teams end up submlttmg thClr deSigns
for revIew by the CompetItIOn Jury whIch means that we should expect between 15 and 20
submISSIons for Stage I b The teams have untIl July 11 th to submIt theIr dcslgns for pubhc
exhIbIt and revIew at the Cultural Center
The pubhc exhIbIt WIll dIsplay the teams submiSSIOns and prOVIde an opportumty for the pubhc
to prOVIde comments on a standard form to be aVdllable at the exhIbIt Comments receIved pnor
-?f
Agenda Item No 8
Page 20 of 55
MEMORANDUM
JUNE 22, 2007
PAGE 2 OF 10
to the Jury reVIew on July 14th wIll be summanzed and presented to the Compel1l1on Jury and
comments receIved after the Jury reVIew w1l1 be focused on the three finahsts deSIgns m order
to help provIde guIdance from the pubhc to the three finahst teams
Staff are also workmg to make the teams SublllissIOns avallable for pubhc reVleW onlme The
onlme exhibll would help maxmuze the opporturuty for the pubhc to provIde mput on the
deSIgns AddIl10nally the 63 SUblllissIons from the Lake Elsmore CIty Hall Student Drawmg
Contest whIch Staff developed to mvolve local students from grades K 6 WIll also be dIsplayed
at the pubhc exhibIt and the nme wmmng student deSIgns may be dIsplayed onlme as well As a
SIde note the nme students who submltted wmnmg deSIgns were sent an mVItal10n from the
Lake Elsmore Umfied School DIstnct to attend the CIty CounCIl meetmg on July lOth for offiCIal
recogml1on of theIr exemplary deSIgns
The Stage I b pubhc exhibIt w1l1 take place Thursday July 12 2007 through Tuesday July 17
2007 at the Cultural Center Staff are coordmatmg volunteers to staff the pubhc exhibIt dunng
the set hours of II 00 am to 2 00 pm and 6 00 pm to 8 00 pm each day except for the followmg
excepl10ns
Fnday July 13 2007 from 5 00 pm to 8 00 pm (only open from II 00 am to 200 pm
due to receptIOn and workmg dmner meetmg)
Saturday July 14 2007 all day and mght (not open thIS day due to Jury ReVIews)
Tuesday July 17 2007 from 600 pm to 8 00 pm (only open from II 00 am to 2 00 pm
due to a Planmng CommISSlOn meetmg that evenmg)
Staff are plannmg a workmg dmner meetmg for members of the Compel1l1on Jury and Techmcal
COIDIDlttee on Fnday July 13th at the Cultural Center The Jurors from outSIde of Lake Elsmore
WIll arnve at 400 pm on Fnday to VISIt the SItes WIth other members of the Compel1l1on Jury
The Techmcal CommIttee w1l1 also arnve at the Cultural Center at 4 00 pm to reVIew the deSIgn
sublllisslOns After the SIte VISItS the three outsIde Jurors WIll check mto therr hotel and meet
back at the CulturaJ Center at around 6 00 pm for mtroducl1ons presental10ns and a workmg
dmner to be attended by the full seven member Compel1l1on Jury ten member Techmcal
CommIttee the Compel1tlOn AdVIsor the Compel1tJon Consultant the CIty Manager and related
CIty Staff The workmg dInner WIll allow Compel1tJon personnel to take care of aU
adnnmstral1ve Issues and mtroductlOns before the offiCIal reVIew of deSIgns the next day
AddIl10nallY the workmg dInner WIll allow the Techmcal COIDlllittee the opporturuty to express
therr techmcal mSIghts mto the deSIgn sublllisslOns Results of the pubhc survey and any pubhc
comments on the deSIgns may also be dIscussed or dIstrIbuted at the meetmg
The first offiCIal Compel1l1on Jury reVIew of deSIgns WIll begm at around 8 30 am Saturday
mormng July 14th There WIll be a contmental breakfast on SIte at the Cultural Center To help
ensure the efficlent use of trme the Jury reVIew of deSIgns IS open only to the Compel1l1on Jury
--9
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Agenda Item No 8
Page 21 of 55
MEMORANDUM
JUNE 22 2007
PAGE 3 OF 10
TechnIcal Committee and related Competition Advisors While the Competition Jury will meet
around 8 30 am the TechnIcal Committee Will not be needed until lunch at 12 00 pm Lunch will
be provided on site at the Cultural Center Begmmng at lunch the TechnIcal Committee Will
help answer the Competition Jury s questions regardmg any of the remammg designs The
Techmcal Committee may also ask questions regarding any of the elimmated designs The
review of designs IS expected to last until about 4 00 pm
After the CompetitIOn Jury recommends the three finalists on July 14th the City Council will
review the Jury s report and select one of the two sites for the fmal stage of the CompetitIOn at
the Council meetmg on July 24th Staff will Inform the three finalist teams of the Council s final
site selectIOn Immediately follOWing the July 24th Council meeting The fmalist teams will
complete a mid pomt review With the TechnIcal Comrmttee and City Staff tentatively scheduled
for August 13th Tills 1llid pomt review will proVide the TechnIcal Comrmttee and City Staff With
the opportumty to help refine the fmalist teams deSigns for the CIVIC Center campus
Stage II deSign submiSSIOns are due by 5 00 pm on September 5th Fmalist teams Will be awarded
an honoranum of $20 000 for the completIOn of their deSigns as discussed at the Study SessIOn
on Apnl 26th tlus honoranum will only support a fraction of the costs mcurred by the teams In
preparmg the deSign sub1llisslOns DeSigns Will be on public and online exhibit from
September 5 8 While the precise times of tlus public exillblt have not been finalized they will
likely occur from 6 00 pm to 8 00 pm on September 5th and II 00 am to 2 00 pm and 6 00 pm to
8 00 pm on September 6th 7th and 8th While the teams will retam ownership of their deSigns the
City may use them for certam purposes such as arcillves exlnblts publications media releases
and other public relations related activIties
On Sunday September 9th the CompetitIOn Jury IS scheduled to review the three finalists
deSigns In addition to the Competition Jury the City CounCil the Techmcal Comrmttee related
City Staff and the public are mvlted to attend tlus fmal event Tills review Will mclude a public
presentation of the three potential deSigns begmmng at around 1200 pm Each team will be
allotted I hour and 30 mmutes which mcludes an up to 35 1llinute presentatIOn 40 mmutes for
questions and answers and 15 mmutes of setup and cleanup Under the CompetitIOn Rules only
the CompetitIOn Jury IS p=tted to ask questions dunng the questIOns and answers penod of
the presentations should a member of the TechnIcal Comrmttee or a member of the City
Council not on the CompetitIOn Jury have a question for one of the teams the member may wnte
out the question and give It to the Competition AdVisor for presentatIOn At about 4 30 pm each
team Will present a 5 mmute summary of their deSign The public event Will conclude by 500
pm After the event the Competition Jury Will begin pnvate deliberations to recommend the
wmmng team and Will help prepare a Jury Report for review by the City CounCil The
CompetitIOn Jury should complete their deliberations by 7 00 pm The City CounCil Will
announce the Jury s declSlon at the CounCil meetmg on September 25th Subject to approval by
City Council the wmmng team wonld be commissioned to develop the deSign for the CIVIC
...---
10-
Agenda Item No 8
Page 22 of 55
MEMORANDUM
JUNE 22, 2007
PAGE 4 OF 10
Center campus The wmmng team will be awarded $10 000 as an advance on fees The CIty has
the nght to negotIate an agreement WIth the wmnmg team should no agreement be reached the
CIty reserves the nght to cease negotiatIons WIth no further obhgatIon to the wmmng team
For your qUIck reference please fmd the attached CompetItIon tlme1me pubhc survey results
and guest hst for the July 13th workIng dInner
cc PSAC CompetItIOn TechnIcal COImmttee Depamnent Duectors CIty Staff
--
\ \ -
Agenda Item No 8
Page 23 of 55
MEMORANDUM
JUNE 22, 2007
PAGE 5 OF 10
ATTACHMENT A COMPETITION TIMELINE
Frrst estlon and Answer Penod Closes
Sta e I b SubmissIOns Due to Amve at CI Hall
Public Exlublt of Stage I b SubmissIOns
Monda June 30 2007
Wednesda Jul II 2007
Thursday July 12 Tuesday July
17 2007 (With certam exceptions
as outlmed above
Fnda Jul 13 2007
Saturda Jul 14 2007
Tuesday July 24 2007
WorklU Dmner
Jur ReVIew of Sta e I b SubmissIOns
Announcement of Stage II Fmalists and Site Selection by
CI Council
Second estlOn and Answer Penod ens
Sta e II DISCUSSIOns With Teams
Mid POInt ReView of Designs With Techmcal
Committee
Second uestlon and Answer Penod Closes
Sta e II SubmiSSIOns Due to Arrive at CI Hall
Public Exlublt of Stage II SubmiSSions
Thursda JuI 25 2007
Au st dates to be detennmed
Monday, August 13, 2007
PublIc PresentatIOn of Stage II SubmiSSions (35 mInute
presentatIOn/40 mInute Q&A total per finalist)/Jury
ReView of Sta e II SubmiSSIOns
Announcement of Competition Wmner and Awards/City
CouncIl DeCISion
-:;. """WfI1..'f>1 %'ti ill4'1'~
~Du to UB.ore.- etteIUIlstilntetJ!leseldates
~~...~ "t~il-f-~~ ''1<I<<f~__:f.~~
'mide"toffollo~e sched1iI~esenteil ov
Monda Au st 6 2007
Wednesda Se tember 5 2007
Wednesday September 5
Saturda Se temberS 2007
Sunday September 9 2007
Tuesday September 25 2007
-[2
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Agenda Item No 8
Page 24 of 55
MEMORANDUM
JUNE 22 2007
PAGE 6 OF 10
ATTACHMENT B PUBLIC SURVEY RESULTS
~~;'~C~~~ti ~ ~;J~~Y*~;Y~o/J)5~;j~::-::r411~ti7 ~~{, ~~~~-1j ::(I~ ~~:~':~tr"~~ ~~ \f$'~~~l
,I::'AKE,ELSINORE"'CI'V,Wl'CENTER PUBLIC'SURV,EYMl,941' l!;'t 'i;,,:" ';'W""lv" t~r'~ f ",.c.. ~
J>,..,"1f"->d......,_"'~"'-"",.of'1-~+r ::;t ?~p ~*'h4<>,jf vr".,. -'~h}J l../y ;rVt-'Jff ~"'.t,t.1" ",.~ri(l".drf':p~ II
I COMPL!.TED, SURVEYS,RECEIVEDr::< ,", ~",.. \ /':'l'\,r",~, ;:;",~{v,2 AN1.!"1),~5,,,_ af;".:;t.Sl "'t \",
t ~",:;..r ';', k,-,1.}. '1~ ""4~ \?'~ 'V -A *' f",,;g &;f --='i{ "'~ -\; ~ oj'.<'1t'0'i~..",J it. ~&:t 'i\. kl) '~"'3!Yif.,f'!.- '$,Kl"'f '"
~CO~J'.1!!ENJ::E \LI!;.YEL 'M!?o;.:o-,CO~~!!1P'!&.~1~:rE~~~_:d;1 :2J11o/~-/ ]':: :;;;:j ""&..: '''~::." ~
.
tWHA~ARETHEMOSTIMPORTANTFAcroiST(fCONSIDERINTHESEiECTION~)1~"'~L ~~! OjoOF~ rUt
",,"~;l;"IJV.,~7'...({i*'Jt ......."4tJ!"-..=-tt~-'""'"jr-1;t};(,"'t ::'-M'1rt "".tf\t"'-.t oI~"" .f"j "it ,('J!->ff..;t
!Q~ Sm FQR THE !:MC €;El'!JER! j"A,,' ::, ;.!" ~; e~ V"'.;( ~ :r.l:ct;.,f, !!ANKJl~~lJ!l.~EYS
Adequate space for growth I 48%
Cost 2 42%
Located m Hlstonc Downtown 3 39%
PotentJal to redevelop area 4 36%
Accessibility from freeway 5 30%
Proxumty to Mam Street 6 29%
Proxmuty to Lake 7 27%
Site IS on vacant land 8 26%
f{ f-1ll'~ ~*,rjt-TI'i't ~~'1l,~; '}c_ "to.. "'J: 1'" i-' ~.. t ){"t';;?~ y.." '""Jf;... 7--';: '!IcOF 1
r \,~~ i~~~4"q~~ ~-;i'"J (~$A~)"l =. t ~\..;j."#flr,,.v 4l( <,,~:;'.t "'>;0,), f~~.I?) ~-->; <.Ai{ ~
."W1!i\T&AL!fES S!lO!!!J.tT!!EpESIGI'!QF'l~.1C!YIC C~TEJl. ~J'LE_CT? ~ ~ ,-". ~f ~j( ~URVI!;Y~
Pedestnan friendly environment I 51 %
Revltalizanon of downtown 2 43%
Openness and accessibility 3 43%
Hlstoncal elements of the area 4 41 %
InterpretatJon or IlllX oflustonc traditional and mnovatlve arclutecture 5 35%
ClVlC pnde 6 34%
PromotJng a downtown mghtlife 7 33%
EnVlfonmental sustamabllity 8 30%
Green bUlldmg strategies 9 29%
Modem arclutecture 10 21 %
TmdltlOnal architecture II 18%
Dream Extreme theme 12 13%
-
'3
-
Agenda Item No 8
Page 25 of 55
MEMORANDUM
JUNE 22, 2007
PAGE 7 OF 10
.;" .... 1"' '>> r VI' 'l",;1'"-,-A !1'j f -- '1, ~ '" 'l""'- ?")2....V{ ;;.., ""1} wr <"'-to '"=" >11:.(:1';'-'" .",}" '7'-'" --
$~.M ~~ j]t",,^, "-\:'^-,~1-"",~~1;-t?~ ~ ~~of.e",,~::~4;t !t~ ",('d~~' ~r\l;< < ~'k'1 71"'"" r- }~ o/O,lOF"'r1>-1
&- >.-'" _-")< 11'-~ g''''",,-- &"-P-<I -I" "\ h-3"'~ 0JjJ' :: ,2 ,is}< '},,""
!",~ILi!SOl\!MOOTY,!!.SES DQX!lU FAN! '[0 SEJtAT]~MC C!,NTE~~~/S ~~,~~' SYRVEYSA j
PIer at the Lake I 45%
MuseumlvlSltor center 2 44%
Open space/park 3 42%
LIbrary 4 42%
Commurnty meetmg/events space 5 42%
CIty Hall 6 42%
Water feature/monument/art 7 40%
Commurnty theatre/stage 8 39%
Clnldren s Lake Ecology Center 9 36%
RetaIl shops 10 36%
CouncIl Chambers II 31 %
Restaurants 12 31 %
RecreatIOnal faCIlItIes/space 13 31 %
Playground 14 30%
County/State/Federaloffices 15 24%
Post office 16 24%
Pnvate offices 17 10%
Busmess mcubator 18 7%
Apamnents/CondommmIDs 19 5%
!,"'PLEASERANKTHESITESELECTION,9PTIONSBELOW mm hAS MOST FAVORED 0''''",'' (0/. OF4j
<1-~ 1'r ...l - 'f',. .;j- '*' m1 b"";-;r! ~~ "'" f,-~' -. ;,;:::;J 1. v"'''' ".-',t. ~ y- 0 .;;.......
~3ASLE~TJ:AVO!!E1>':;-1:' "'_ ~ 'i c'l~i"~"",,;!L ~.c \I" "1~" il ,_L' ,,-~~K '" SURY!';~St j
A downtown site that combmes Lakeshore frontage Mam Street/freeway access
and largest acreage
I
2
3
48%
19%
12%
Overall Site Rank
A downtown SIte WIth the largest avaIlable acreage
1
I
2
3
21%
30%
25%
Overall SIte Rank
2
\ '-f -
Agenda Item No 8
Page 26 of 55
MEMORANDUM
JUNE 22 2007
PAGE 8 OF 10
A downtown sIte on MaID Street wIth freeway access regardless of avaIlable
acreage
I
2
3
14%
28%
42%
Overall SIte Rank 3
~lfo\(oifENIDOYOUV}SITLmELsINORECITYiUii;6:TYeOuNClI:'f ~10 7 '",~K'~p ;::O/lOF,:('"
""'~, <} .w....:-,* -;;;: )of -'~1"""" r~ ,j- ~ ~.... .;5-'1 J:t,,;.,. -<..... ': "'-f 0 ;.r:..... r~ 1
MEETIN_GS, t.~!-QCAL !;IBRARX,.,AND/Q!! TJIE !,OCA!,.POS,! OFFICE? JL'::i ,i'A """';,"'~, s~~YS_ ,
OccasIOnally 1 43%
Infrequently (less than 5 days a year) 2 29%
Frequently (2 days a week or more) 3 16%
-.;-'R-'i. ""'1;).- -t*::?i",,""S,v ;;t: F":v;~",?n'f,J' r 'tt {"" :t(;: ""4""''ii.-'" 1} '-"f 'fl g.>.? (" o/I"'P'OF'FP~
"1-!j,' l, 1~ /~_w 1'" } "'" ~.J \."...-..,. j ~ l' g) t,: '" "" { ... f 1'0 ~ r\;
1I~7 t f ~21,J ""5~"f)~ E 2) 0~7t;';;~)~~lf"f"__~~"t" ~ k -'" )H"k ~ 1., ;''''-1> ~ 11 >>It rrlt,YC~MMENTJ'f gl
...."C 1-d- \\..,€~ <'Iv "i~ S J., ."-.0':\.....:} ~ /';;<; i_"",ft ;tlNw~X{, .t,-;. -{~~...,~~ ~ ~p 'II "" -j; "
OTIlE!! !!t~s/~9MME~S (APPBO~t.q,_Y~200 CO~~NTS RECEJVEp) ~ ~ RANK- RECEIVE!!,j
The Lake central focus, recreatIOn, VIew, pIer, boardwalk
Travel traffic Issues, addItIonal parkmg, handIcap/emergency access bus
transIt
RefurbIsh EnVironment streets, code enforcement technology lIghtIng
Safety Issues polIce mterventIon gangs, graffitI, Illegal alIens, prostItutIOn,
homeless, ghetto
Beach town hotel resort/casmo, tOUrIst attractIon, lIttle shops, water park,
Entertamment multI purpose audItorIUm, concerts, mghtlIfe, mall, revenue
Old Town memorIals, old fashIOned, herItage, preserve/use of old bmldmgs
Park and RecreatIOn famIly orIented actIvItIes sports park, gym
Busmess polIce statIOn, DMV, courthouse, larger firms, hospItal
The CIVIC Center SpecIfics DIamond locatIon, vacant lands aVOId
evacuatIOn, low taxes
-
,,-
(:) -
1 93%
2 90%
3 80%
4 70%
5 62%
6 58%
7 57%
8 42%
9 36%
10 21%
Agenda Item No 8
Page 27 of 55
MEMORANDUM
JUNE 22, 2007
PAGE 9 OF 10
ATTACHMENT C JULY 13TH GUEST LIST
?'" ~"""~4J''!'Y <!l"l,,"'*';( E'r- ~n "t'? ;,.,.,~W" .-..,. <'> ~"""*~~ ~ ~t;~:r ..J;I"?""(,1M -r r- ......, ~"'~~ >:P-
h f>., "" ;F~ ~ IRST Jf '!;: "-? AST fur" 1$ t. "'" f' r 5>1 Th Il' '# -\;. i 4'- "\\ i
'i!1~ el'~{.0~n "",.~ ~~,f''''''t1",!\,;JJ~ ':!;"\~1"") A< \f~.J",4\>{~'i';", )lh ~;h:l:'iIi"r_"~rl
'POSITIONIc""",NAME, " NAME "i-,",~",u ,TITLE "Y" ""~ ~, ~GROUP~ 'h". ( I
Compel1l1on Thomas Buckley Counctlmember and City Counctl/RDA
Jury Chair of the RDA
Compel1tlOn Geme Kelley Counctlmember and City Counctl/RDA
Jury Vice Chair of the RDA
Compel1l1on Carl Johnson President of Near Cal Near Cal Corporal1on
Jury Corporal1on
Compel1tlOn TBA TBA (A Commumty TBA
Jury Represental1ve)
Compel1l1on Fam Jr President of AlA Los AlA Los Angeles/Johnson
Wilham Angeles and Managmg
Jury FAIA Partner of Johnson Fam Fam
Director of Graduate
CompetitIOn Programs at SCI Arc SCI Arc/Hodgetts + Fung
Mmg Fung and Pnnclpal at
Jury Hodgetts + Fung DeSign ASSOCiates
DeSign ASSOCiates
Compel1l1on Prmclpal In Charge at Moore Ruble Yudell
James OConnor Moore Ruble YudeIl
Jury Architects and Planners Architects and Planners
Techmcal John Gonzales Planmng Planmng CommiSSIOn
Committee CommiSSIOner
Techmcal Rolfe Prelsendanz Director ofCommumty City of Lake Elsmore
Committee Development
Technical Ken Seumalo Director ofPubhc City of Lake Elsmore
Committee Works
Techmcal Ruth Atkms President Lake Elsmore HIstoncal
Committee SocIety
Techmcal RIck Carpenter PresIdent Downtown Merchants
Committee ASSOCIatIOn
Techmcal Kim Cousms PresIdent Chamber of Commerce
CommIttee
-
I Co -
Agenda Item No 8
Page 28 of 55
MEMORANDUM
JUNE 22, 2007
PAGE 10 OF 10
Techmcal Nancy Johnson LIbranan (or Barbara County Library
Committee HOWison)
Technical Leilom Purcell ? Fnends of the Library
Committee
Techmcal (FacilitIes
Committee TBA TBA EngmeerlPost Office Post Office
RepresentatIve)
Techmcal Robert Whipple Water ConservatIon Elsmore Valley Mumclpal
Comnuttee Specialist Water District
CompetItIon Bill Llskarnm CompetItIon AdVisor N/A
AdVisor FAIA
CompetItIOn
CompetItIon Collyer Consultant Editor of CompetItIOns Magazme
Consultant Stanley Ph D Hon CompetItIons and The CompetItIOn
AlA Magazme and Project lnc
Author/Lecturer
City Manager Robert A Brady City Manager City of Lake Elsmore
DIrector of DIrector of
AdmlllistratIve Matt Pressey AdmmlstratIve City of Lake Elsmore
Services Services
Redevelopment Redevelopment Project
Project Steven McCarty City of Lake Elsmore
Manager Manager
-
1(-
Agenda Item No 8
Page 29 of 55
MINUTES
JOINT CITY COUNCIUREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE CALIFORNIA
TUESDAY NOVEMBER 13, 2007
****************************************************************************************************
CALL TO ORDER
Mayor Magee called the JOint Study Session to order at 4 00 P m
ROLL CALL
PRESENT
MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
ABSENT
COUNCILMEMBERBUCKLEY
Also present were City Manager Brady Deputy City Attorney Mann City Treasurer
Weber Administrative Services Director Pressey Community Development Director
Prelsendanz Community Services Director Gonzales Information/Communications
Manager Dennis Public Works Director Seumalo Planning Manager Weiner and City
Clerk Munson
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
No comments
CONSENT CALENDAR
(3) Minutes - Various Meetlnqs
No comments
1
Agenda Item No 8
Page 30 of 55
(4) Warrant List Dated October 31.2007
Mayor Magee and Mayor Pro Tem Hickman requested c1anflcatlon of vanous
checks Issued on the warrant list
Administrative Services Director Pressey c1anfied the Items
(5) Investment Reports for Julv. Auoust and September
No comments
(6) Selection of Vendor for Recodification/Republication and Leoal Review of the
Lake Elsinore MUnicipal Code
Mayor Pro Tem Hickman inquired the last time the Municipal Code was
recodIfIed
City Clerk Munson responded the last time the Municipal Code was recodified
was In 1985
(7) Resolution of Intention to Annex Property Into Community FaCilities Dlstnct No
2003 1 (Law Enforcement. Fire and Paramedic Services) and to Authonze the
Levv of a Special Tax Within Annexation Area No 24 (River s Edqe)
Mayor Magee inqUired If this was the last annexation that Will be done for 2003 1
Administrative Services Director Pressey confirmed
(8) Resolution of Intention to Annex Property Into Community Facilities District No
2006 5 (Parks. Open Space and Storm Drain Maintenance) and to Authonze the
Levv of a Special Tax Within Annexation Area No 3 (River s Edoe)
No comments
(9) Franklin Street Rehabilitation and Storm Drain Improvements - ProfeSSional
Survev Services Contract Award
Mayor Pro Tem Hickman inquired about the work being done on Franklin He
also inqUired when the paving would begin
Public Works Director Seumalo responded there was storm drain installation
being done related to thiS project He Indicated they were prepanng the streets
for paving and all of the storm drain Installation should begin In Within a week or
two
Mayor Magee InqUired about the estimated completion date
2
Agenda Item No 8
Page 31 of 55
Public Works Director Seumalo responded the estimated completion date IS
around mid February however he feels the project IS ahead of schedule but IS
holding to mid February
(10) Railroad Canvon Road/I 15 Interchanqe Update
Leonard Lelchnltz, LUMOS COmmUnities, Inquired about a statement made In
the staff report related to the traffiC report their backlog and Inquired who had
the backlog He also inquired If the City had a policy With respect to development
applicatrons In areas that could potentially be subject to right of ways
Public Works Director Seumalo responded the traffiC section of Cal Trans IS
backlogged whereby holding up the Cal Trans evaluation the City IS waiting on
He stated the City Will be meeting With Cal Trans on November 26th and
completion of the traffiC evaluation would be In January
Mayor Magee also responded that area IS not designated under the General Plan
as a roadway He stated If a development application were to be submitted then
the City would have an obligation to review and make a determination
Mayor Pro Tem Hickman inqUired about making Franklin Street an eXit
Public Works Director Seumalo responded that was part of thiS Cal Trans
evaluation
Mayor Magee indicated Assemblymembers Jeffries and Benoit Will be at an EDC
Luncheon and indicated a good question to pose to the Assemblymembers
would be how the City would get Cal Trans to perform In a timelier manner
(11) Purchase of PC Tablets for Code Enforcement. Public Works and Geoqraphlc
Information Technoloqv
Mayor Pro Tem Hickman inqUired why these tablets are so expensive
Information/Communications Director Dennis responded a tablet IS a very
different device from a lab top where the screen IS the Input device the screen IS
made to be Viewable upon all lighting conditions and IS ruggedized He noted
the tablets also have global positioning software and hardware
Mayor Magee inqUired about the life span of the tablets
Informatlon/Communrcatlons Director Dennis responded staff feels these new
generation tablets Will last longer than three years than the last one s lasted due
to better upgrades
3
Agenda Item No 8
Page 32 of 55
City Treasurer Weber Inquired If staff researched other vendors for these tablets
Informatlon/Communrcatlons Director Dennrs confIrmed they had
(12) Resolution Declarlnq a Local Emerqencv
No comments
(13) 2010 Decennial Census Local Update of Census Addresses (LUCA) Prooram
No comments
(14) Consideration of Cancelllnq the December 25,2007, CltV Council Meetlno
No comments
(15) Award Bid for Purchase and Installation of Plavqround EOUlpment and Authorize
the City Manaqer to Slon the Aoreement
Mayor Pro Tem Hickman Inquired about the matching grant
Parks and Recreation Director Gonzales confirmed the matching grant IS 45%
which prOVided a total grant savings of $75 314 He noted It IS an offer the City
could not pass up
PUBLIC HEARINGS
(16) Resolution DetermlnlnO the Validity of Prior Proceedlnqs Relatlnq to Annexation
of Property Into the City of Lake Elsinore Community FacIlities District No 2006 5
(Parks, Open Space and Storm Drain Maintenance), Call a Special Election,
Canvas Election Results, Authorlzlno Levy of Special Taxes for CFD 2006 5
Annexation Area No 2 (California Business Condos)
Mayor Magee InqUIred If there was gOing to be a SCript
Administrative Services Director Pressey confirmed
(17) Annexation No 82 - General Plan Amendment No 2007 05 and Zone Chanoe
No 2007 05 - Runnlnq Dear Annexation
Mayor Magee inqUIred If any letters of support or OppOSition have been received
Community Development Director responded there was one letter received
regarding the denSity concerns In relation to down zoning
4
Agenda Item No 8
Page 33 of 55
(18) Introduction of an Ordinance Adoptlnq by Reference Vanous Construction Codes
with Amendments and Appendices
No comments
(19) Tentatlye Condominium Parcel Map No 35707 MIssion Trail Professional Office
BUlldlnq Complex
No comments
(20) PartnershiP with the Lake Elsinore Unified School Dlstnct to Construct a
Gymnasium at Terra Cotta Middle School
City Treasurer Weber InqUIred If the School Dlstnct approached the County of
Riverside about participating In the funding for this project
Greg Bowers, representmg the Lake Elsmore School District responded the
County was not Interested In this project because of the location of the actual
proposal
City Treasurer Weber InqUired what the School Dlstnct would do If they do not get
this money He expressed his concerns regarding the $750 000 the City IS being
asked for by the School Dlstnct
Greg Bowers Indicated about a year ago the School Dlstnct had conversations
with the City and submitted a JOint application contingent upon City Council
approval He stated the School Dlstnct appreciates the City consldenng this Item
and If It does not move forward then the gymnasium IS not bUilt
Mr Bowers explained how the gymnasium would be utilized by the City and
what the JOint use faCilities agreement encompasses and how It would make the
gymnasium available for City run programs
(21) Formation of an Ad Hoc Committee With the Lake Elsinore School Dlstnct and the
Selection of Committee Members
Mayor Magee Indicated Mayor Pro Tem Hickman expressed desire to serve on
this committee
Council member Kelley also expressed her desire to serve on this Ad Hoc
Committee
(22) Second Readlnq - Ordinance No 1233
No comments
5
Agenda Item No 8
Page 34 of 55
(23) Second ReadlnQ - Ordinance No 1234,
No comments
REDEVELOPMENT AGENCY
CONSENT CALENDAR
(2) Minutes - Vanous meetlnQ
No comments
(3) Warrant List Dated October 15. 2007
No comments
(4) Investments Report for Julv, AUQust and September
No comments
PUBLIC HEARING
(5) Tentative Condominium Parcel Map 35707 MISSion Trail Professional Office
BUlldlnQ Complex
No comments
BUSINESS ITEMS
(6) Consider ACQUIsItion of Downtown Propertv
Mayor Magee InqUired If the $8 000 estrmated cost was per parcel or the total
pnce He also inquired from which account the appraisals would be paid from
Administrative Services Director Pressey confirmed $8 000 was the total price
He noted the average price per parcel was $200 He also indicated the
appraisals would be paid from the Redevelopment Project Area 1
ADJOURNMENT
Mayor Magee adjourned the JOint City Council/Redevelopment Agency Study Session
at 4 39 P m
ROBERT E MAGEE MAYOR
CITY OF LAKE ELSINORE
6
Agenda Item No 8
Page 35 of 55
ATTEST
VIVIAN M MUNSON
CITY CLERK
THOMAS BUCKLEY CHAIRMAN
REDEVELOPMENT AGENCY
7
Agenda Item No 8
Page 36 of 55
MINUTES
CITY COUNCIL
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE CALIFORNIA
TUESDAY, NOVEMBER 13, 2007
****************************************************************************************************
CALL TO ORDER - 5 00 P M
Mayor Magee called to order the Regular City Council Meeting at 5 00 P m
ROLL CALL
PRESENT
MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NONE
ABSENT
Also present were City Manager Brady Deputy City Attorney Mann Administrative
Services Director Pressey Community Development Director Prelsendanz Community
Services Director Gonzales Information/Communications Manager Dennis Chief of
Police Fetherolf Public Works Director Seumalo Planning Manager Weiner and City
Clerk Munson
CLOSED SESSION
Deputy City Attorney Mann Indicated the following Item was to be discussed dunng
Closed Session
A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -
(SubdiVISion (a) of Gov t Code 9 549569) EVMWD vs City of Lake Elsinore
John 0 Doherty (Riverside Supenor Court Case No 431267)
The City CouncIl meeting was recessed Into Closed Session at 5 00 P m
RECONVENE IN PUBLIC SESSION (7 00 P Ml
PLEDGE OF ALLEGIANCE
Mayor Magee led the audience In the Pledge of Allegiance
1
Agenda Item No 8
Page 37 of 55
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 Deputy City Attorney Mann Administrative
Services Director Pressey Community Development Director Prelsendanz Parks and
Recreation Director Gonzales Information/Communications Manager Dennis Chief of
Police Fetherolf Public Works Director Seumalo Planning Manager Weiner and City
Clerk Munson
PRESENTATION/CEREMONIALS
Mayor Magee presented the follOWing individuals with Certificates of Appreciation for
assisting dunng the Wild fire disasters and the HawaII Mars FlYing Supertanker arrival
and departure They were as follows from the lake and Aquatic Resources
Department Pat Kilroy Leo Solorzano Sallie DavIs Dennis Waite Ed North Mary
Santa Cruz from the City Managers Office Mark Dennis from the Parks and
Recreation Department Claudia DavIs and Bill Houtz from the Public Works
Department Bill Payne Julian Perez Rocky Gray Alejandro Leytte Scott Rlppsteln
Brandon Buron and FrancIsco Dlaz from the Lake Patrol DIVISion Sergeant Mike Yates
Invesligator Nathan Kaas Deputy Patnck Doyle Corporal Bob McCalmont Deputy
Ethan Kaas Deputy Robert Guerrero Deputy Rafael CaSillas and Deputy June Cox
from LEMSAR Pete Dawson AI Lyons Shen Lyons Cllf Ayres Pam Ayres Mark
PiaSCik Emily Cnsan Terry PnJatel Lou PnJatel and Roberto Romero
CLOSED SESSION REPORT
Deputy City Attorney Mann announced In Closed Session the Item as listed In the
agenda and reported there was no reportable action
PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE
Ruth AtkinS reSident and representing the Lake ElSinore Historical Society
announced the self gUided Holiday Home Tour Time Will be on Saturday December 8th
between 10 a m and 3 00 p m She noted tickets are available for $20 a piece
2
Agenda Item No 8
Page 38 of 55
Mike Matthews, resident, announced he measured 500 061 gallons of water ran down
Allen Street dUring a 64 hour lime period He continued to express his concerns with
the problems his home and neighborhood have been experiencing and asked Council s
help to tell the Rldgestone apartments control their water resources
COUNCil APPROVES CONSENT CALENDAR ITEMS NOS 3 THROUGH 15
The following Items were listed on the Consent Calendar for Council approval
(3) Minutes of the FollowlnQ MeetlnQ(s)
a) Special Meeting of July 10 2007
b) JOint City Council/Redevelopment Agency meeting of August 14 2007
c) Regular Meeting of August 14 2007
d) Special Meeting of August 20 2007
e) JOint City Council/Redevelopment Agency meeting of August 28 2007
f) Regular Meeting of August 28 2007
g) JOint City Council/Redevelopment Agency meeting of October 9 2007
h) Regular Meeting of October 9 2007
I) JOint City Council/Redevelopment Agency meeting of October 23 2007
J) Regular Meeting of October 23 2007
Recommendation Approve
(4) Warrant list Dated October 31. 2007
Recommendation Authorize payment of Warrant list dated October 31 2007
(5) Investment Report for Julv. Auqust and September
Recommendation Receive and file
(6) Selection Of Vendor For Recodification/Republication and leqal Review of the
lake Elsinore Municipal Code
Recommendation Approve Code Publishing Inc as the selected vendor for the
legal review and recodlflcatlonlrepubllcallon of the lake Elsinore MUnicipal Code
(7) Resolution of Intention to Annex Property Into Communltv FacIlities District No
2003 1 (law Enforcement. Fire and Paramedic Services) and to Authorize the
LeVY of a Special Tax within Annexation Area No 24 (River s Edqe)
Recommendations
1 Waive further reading and adopt Resolution of Intention No 2007 184
annexing property Into Community FacIlities District No 2003 1 (Law
3
Agenda Item No 8
Page 39 of 55
Enforcement Fire and Paramedic Services) and to authonze the levy of a
special tax within said dlstnct
2 Schedule a public heanng on Annexation Area No 24 (River sEdge) for
January 8 2008
(8) Resolution of Intention to Annex Propertv Into Communltv FacIlities Dlstnct No
2006 5 (Parks. Open Space and Storm Drain Maintenance) and to Authonze the
Lew of a Special Tax within Annexation Area No 3 (River's Edqe)
Recommendations
1 Waive further reading and adopt Resolution of Intention No 2007 185
annexing property from Community FacIlities Dlstnct 2006 5 (Parks Open
Space and Storm Drain Maintenance) and to authonze the levy of a
speCial tax within said dlstnct
2 Schedule a public heanng on Annexation Area No 3 (River sEdge) for
January 8 2008
(9) Franklin Street Rehabliitatlon and Storm Drain Improvements ProfeSSional
Survev Services Contract Award
Recommendation Staff recommends the City Council award the Franklin Street
Rehabilitation and Storm Drain Project construction surveYing contract to Hams
and AssocIates for $23 500
(10) Railroad Canvon Road/l 15 Interchanqe Update
Recommendation Receive and file
(11) Purchase of PC Tablets for Code Enforcement. Public Works and Geoqraphlc
Information Technoloqy
Recommendation Staff recommends that the City CounCil authonze the City
Manager to approve the purchase of the PC Tablets for Code Enforcement
PubliC Works and GIS
(12) Resolution Declannq a Local Emerqency
Recommendations
1) Ratify the proclamation of Local Emergency by the Director of Emergency
Services
2) Waive further reading and adopt Resolution No 2007 186 declanng the
eXistence of a local emergency under Government Code Section 8630 and
County Ordinance No 533 5
4
Agenda Item No 8
Page 40 of 55
(13) 2010 Decennial Census Local Update of Census Addresses (LUCA) Prooram
Recommendations
1) Lake Elsinore participate In the LUCA Program at Option 1 the highest
level of participation
2) Obtain Highest Elected/ApPointed Official signature on Registration Form
making the commitment on behalf of the City
3) Complete and return LUCA Program Registration Form by November 19
2007
4) AppOint Cathy Barrozo GIA Analyst as LUCA Program Liaison and Rolfe
Prelsendanz Community Development Director as LUCA Program
ReViewer
5) Agree to conditions of confidentially Title 13 United States Code (U S C )
6) Perform required data security Self Assessment Checklist
7) Complete and return the Product Preference Form
8) Direct staff to fulfill all LUCA Program participation responsibilities
(14) Consideration of Cancellino the December 25.2007. CltV Council MeetlnO
Recommendation It IS recommended that City Council direct staff to cancel the
December 25 2007 City Council meeting unless It IS necessary to conduct City
bUSiness prior to the January 8 2008 Council meeting
(15) Award Bid for Purchase and Installation of Plavoround EOUlpment and AuthOrize
the CltV Manaoer to Slon the Aoreement
Recommendation Award the bid for the purchase and installation of playground
equipment to Gametlme and authOrize the City Manager to sign the agreement
It was moved by Councllmember Kelley and seconded by Councllmember
Schiffner to approve the Consent Calendar Items No 3 through 15
The follOWing vote resulted
AYES MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NOES NONE
ABSENT NONE
ABSTAIN NONE
5
Agenda Item No 8
Page 41 of 55
PUBLIC HEARINGS
(16) COUNCIL ADOPTS RESOLUTION NO 2007187. DETERMINING THE
VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF
PROPERTY INTO THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO 2006 5 (PARKS. OPEN SPACE AND STORM DRAIN
MAINTENANCE)
COUNCIL ADOPTS RESOLUTION NO 2007188. RESOLUTION ACTING ON
BEHALF OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO 2006 5 (PARKS. OPEN SPACE AND STORM DRAIN
MAINTENANCE) CALLING A SPECIAL ELECTION
COUNCIL ADOPTS RESOLUTION NO 189. ACTING ON BEHALF OF THE
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 5
(PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) CANVASSING
THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO 2
(CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID DISTRICT
COUNCIL INTRODUCES ORDINANCE NO 1235. ACTING AS THE
LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO 2006 5 (PARKS. OPEN SPACE AND STORM
DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF SPECIAL TAX WITHIN
ANNEXATION NO 2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO
SAID DISTRICT
Mayor Magee opened the public heanng at 7 17 P m
City Clerk Munson announced that the notice had been published In accordance
with the Mello Roos Community FacIlities Act of 1982 and proof of such
publication was on file In the City Clerk s office
Administrative Services Director Pressey presented the staff report
Mayor Magee requested testimony from the public He Inquired If there was
anyone wishing to speak In favor or agamst the Item He inquired If there was
anyone that wished to speak at all
Mayor Magee inqUired If there were any property owners subject to the proposed
assessments who wished to file a wntten protest He noted that If there were any
property owners who wished to file a wntten protest they must file It with the City
Clerk at that time He noted that for purpose of a maJonty protest only wntten
protests were to be conSidered
There being no one Mayor Magee closed the public heanng at 7 18 P m
6
Agenda Item No 8
Page 42 of 55
Mayor Magee directed City Clerk Munson to tabulate the ballots and announce If
a majority protest had been made
City Clerk Munson tabulated the ballots and announced that 2/3 majority protest
did not eXist
It was moved by Councllmember Schiffner and seconded by Mayor Pro Tem
Hickman to adopt Resolution No 2007 187 determining the validity of prior
proceedings relating to annexation of property Into the City of Lake ElSinore
Community Facilities District No 2006 5 (Parks Open Space and Storm Drain
Maintenance)
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 Mayor Pro Tem
Hickman to adopt Resolution No 2007 188 acting on behalf of the City of Lake
ElSinore Community FaCilities District No 2006 5 (Parks Open Space and Storm
Drain Maintenance) calling a special election
The follOWing vote resulted
AYES MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NOES NONE
ABSENT NONE
ABSTAIN NONE
7
Agenda Item No 8
Page 43 of 55
It was moved by Councllmember Schiffner and seconded by Mayor Pro Tem
Hickman to adopt Resolution No 2007189 acting on behalf of the City of Lake
Elsinore Community Facilities Dlstnct No 2006 5 (Parks Open Space and Storm
Drain Maintenance) canvassing the results of the electron held Within Annexation
Area No 2 (California Business Condos) annexed to said dlstnct
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 Councllmember Schiffner and seconded by Mayor Pro Tem
Hickman to Introduce Ordinance No 1235 entItled
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA ACTING
AS THE LEGISLATIVE BODY OF THE CITY OF
LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO 2006 5 (PARKS, OPEN SPACE AND
STORM DRAIN MAINTENANCE) AUTHORIZING
THE LEVY OF SPECIAL TAX WITHIN
ANNEXATION NO 2 (CALIFORNIA BUSINESS
CONDOS) ANNEXED TO SAID DISTRICT
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 8
Page 44 of 55
(17) COUNCIL ADOPTS RESOLUTION NO 2007190. APPROVING NEGATIVE
DECLARATION NO 200703 FOR TEXT AMENDMENT NO 200704. TEXT
AMENDMENT 2007..Q5. GENERAL PLAN AMENDMENT 200705. ZONE
CHANGE (PRE ZONE) NO 200705 AND ANNEXATION NO 82 FOR THE
RUNNING DEER TERRITORY
COUNCIL ADOPTS RESOLUTION NO 2007191. REQUESTING THE
RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCOl.
TO COMMENCE PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED
AS ANNEXATION NO 82 INTO THE CORPORATE BOUNDARIES OF THE
CITY OF LAKE ELSINORE
COUNCIL ADOPTS RESOLUTION NO 2007 192. APPROVING GENERAL
PLAN AMENDMENT NO 2007 05
COUNCIL INTRODUCES ORDINANCE NO 1236 APPROVING PRE
ANNEXATION ZONE CHANGE NO 200705
Mayor Magee opened the public hearing at 7 20 P m
Community Development Director Prelsendanz presented the staff report He
indicated the Planning Commission unanimously approved by resolutions the
annexation
Mayor Magee requested testimony from the public He inqUired If there was
anyone Wishing to speak In favor or against the Item He Inquired If there was
anyone that Wished to speak at all
There being none Mayor Magee closed the public hearing at 7 26 P m
Councllmember Buckley inquired If the Unit count goes from 72 to 115 and
inqUired who was processing the application
Community Development Director Prelsendanz confirmed the number of units
there were a number of owners and indicated the application IS being processed
by the City
Councllmember Buckley inquired If Lincoln Street was gOing through to Nichols
Road
Community Development Director Prelsendanz confirmed
It was moved by Council member Schiffner and seconded by Mayor Pro Tem
Hickman to adopt Resolution No 2007 190 approving Negative Declaration No
200703 for Text Amendment No 200704 Text Amendment 2007 05 General
9
Agenda Item No 8
Page 45 of 55
Plan Amendment 200705 Zone Change (Pre Zone) No 200705 and
Annexation No 82 for the Running Deer Terntory
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 Council member Schiffner and seconded by Mayor Pro Tem
Hickman to adopt Resolution No 2007 191 requesting the Riverside County
Local Agency Formation Commission (LAFCO) to commence proceedings to
annex the terntory designated as Annexation No 82 Into the corporate
boundaries of the City of Lake ElSinore
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 Councllmember Schiffner and seconded by Mayor Pro Tem
Hickman to adopt Resolution No 2007 192 approving General Plan Amendment
No 2007 05
The following vote resulted
AYES MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER BUCKLEY
10
Agenda Item No 8
Page 46 of 55
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NOES NONE
ABSENT NONE
ABSTAIN NONE
It was moved by Councllmember Schiffner and seconded by Mayor Pro Tem
Hickman to Introduce Ordinance No 1236 entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING PRE ANNEXATION ZONE CHANGE
NO 2007-05
The follOWing roll call vote resulted
AYES MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NOES NONE
ABSENT NONE
ABSTAIN NONE
(18) COUNCIL ADOPTS RESOLUTION NO 2007193. SETTING FORTH
FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF
LAKE ELSINORE WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES
TO THE CALIFORNIA BUILDING CODE. CALIFORNIA REFERENCE
STANDARDS CODE. THE CALIFORNIA PLUMBING CODE. THE
CALIFORNIA MECHANICAL CODE. THE CALIFORNIA ELECTRICAL CODE
AND THE CALIFORNIA EXISTING BUILDING CODE AS AMENDED BY THE
STATE OF CALIFORNIA REASONABLY NECESSARY FOR HOUSING
OCCUPANCIES
COUNCIL INTRODUCES ORDINANCE NO 1237. ADOPTING BY
REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS AND
APPENDICES
Mayor Magee opened the public heanng at 7 28 P m
11
Agenda Item No 8
Page 47 of 55
Community Development Director Prelsendanz presented the staff report
Mayor Magee requested testimony from the public He inqUired If there was
anyone wishing to speak In favor or against the Item He Inquired If there was
anyone that wished to speak at all
There being none Mayor Magee closed the public hearing at 7 30 P m
It was moved by Mayor Pro Tem Hickman and seconded by Councilmember
SchIffner to adopt Resolution No 2007 193 setting forth findings with respect to
local conditions within the City of Lake ElSinore which make certain modifications
and changes to the California Building Code California Reference Standards
Code the California Plumbing Code the California Mechanical Code the
California Electrical Code and the California EXisting BUilding Code as amended
by the State of California reasonably necessary for housing occupancies
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 Mayor Pro Tem Hickman and seconded by Councllmember
Schiffner to Introduce Ordinance No 1237 entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
REPEALING AND REENACTING CHAPTERS
1502, 1504, 1520 1524, 1536 1538, 1556 OF
THE MUNICIPAL CODE, ADOPTING BY
REFERENCE THE 2007 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE,
KNOWN AS THE CALIFORNIA CODE OF
REGULATIONS TITLE 24 (CCR, T 24),
INCORPORATING THE INTERNATIONAL
BUILDING CODE 2006 EDITION THE UNIFORM
PLUMBING CODE 2006 EDITION THE UNIFORM
12
Agenda Item No 8
Page 48 of 55
MECHANICAL CODE 2006 EDITION, THE
NATIONAL ELECTRICAL CODE, 2005 EDITION,
THE INTERNATIONAL EXISTING BUILDING CODE,
2006 EDITION, THE INTERNATIONAL FIRE CODE,
2006 EDITION, AND AMENDING THOSE
CALIFORNIA BUILDING STANDARDS AS
IDENTIFIED HEREIN, THROUGH EXPRESS
FINDINGS OF LOCAL NECESSITY
The following roll call vote resulted
AYES MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NOES NONE
ABSENT NONE
ABSTAIN NONE
(19) COUNCIL ADOPTS RESOLUTION NO 2007194. MAKING FINDINGS OF
CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION
PLAN
COUNCIL ADOPTS RESOLUTION NO
CONDOMINIUM PARCEL MAP NO 35707
2007195. APPROVING
Mayor Magee opened the public heanng at 7 32 P m
Community Development Director Prelsendanz presented the staff report
Mayor Magee requested testimony from the public He Inquired If there was
anyone wishing to speak In favor or against the Item He inquired If there was
anyone that wished to speak at all
There being none Mayor Magee closed the public heanng at 7 35 P m
It was moved by Council member Buckley and seconded by Council member
Kelley to adopt Resolution No 2007 194 making Findings of Consistency with
the Multiple Species Habitat Conservation Plan
13
Agenda Item No 8
Page 49 of 55
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 Council member Buckley and seconded by Council member
Schiffner to adopt Resolution No 2007 195 approving Condominium Parcel
Map No 35707
The following vote resulted
AYES MAYOR MAGEE
MAYOR PRO TEM HiCKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NOES NONE
ABSENT NONE
ABSTAIN NONE
BUSINESS ITEMS
(20) COUNCIL APPROVES THE PARTNERSHIP BETWEEN THE CITY AND
SCHOOL DISTRICT. DIRECTS STAFF TO INCLUDE FUNDS IN THE AMOUNT
Qfj750.000 IN THE APPROPRIATE FISCAL YEAR BUDGETS AND TO
DRAFT A JOINT POWERS AGREEMENT FOR THE CONSTRUCTION AND
USE OF THE TERRA COTTA MIDDLE SCHOOL GYMNASIUM
Parks and Recreation Director Gonzales presented the staff report He indicated
this partnership IS an opportunity for the City to JOin with the District not only to
bUild a gymnasium but an opportunity to raise educational and recreational
service levels In the community
14
Agenda Item No 8
Page 50 of 55
Greg Bowers, LEUSD, Assistant Supermtendent of Operations and
Facilities provided a PowerpOlnt presentation on the construction of the
gymnasium He also thanked Council for this consideration
Fred Gualda, LEUSD Architectural Consultant, MGPA Archltectur, Inc
discussed and reviewed the design concepts of the gymnasium
Council member Buckley Inquired If the funds were coming from the eXisting
Capital Improvement Plan
City Manager Brady stated $200 000 was coming from the Parks Fund and
$183000 from the General Fund Unallocated Revenue In two years essentially
coming out of the reserves
Mayor Magee stated this was an opportunity to take advantage of a State Grant
In the amount of $1 5 million and stated he applauds the School District for
stepping up and getting Involved He noted the City Parks and Recreation
Director will be taking advantage of the use of the faCIlity as often as possible
which will proVide the reSidents at the other end of town the same opportunities
as those In the downtown area
It was moved by Councllmember Kelley and seconded by Mayor Pro Tem
Hickman to approve the partnership between the City and School Dlstnct direct
staff to Include funds In the amount of $750 000 In the appropnate fiscal year
budgets and to draft a JOint Powers Agreement for the construction and use of
the Terra Cotta Middle School Gymnasium
The following vote resulted
AYES MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NOES NONE
ABSENT NONE
ABSTAIN NONE
(21) COUNCIL APPOINTS MAYOR PRO TEM HICKMAN AND COUNCILMEMBER
KELLEY TO SERVE ON THE AD HOC COMMITTEE WITH THE LAKE
ELSINORE UNIFIED SCHOOL DISTRICT
City Manager Brady presented the staff report
15
Agenda Item No 8
Page 51 of 55
KIm COUSinS, LEUSD School Board representative, announced the LEUSD
School Board appointed himself and Jeanie Corral as representatives on the Ad
Hoc Committee
It was moved by Mayor Magee and seconded by Council member Schiffner to
appoint Mayor Pro Tem Hickman and Councllmember Kelley to serve on the Ad
Hoc Committee with the Lake Elsinore Unified School District
The following vote resulted
AYES MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NOES NONE
ABSENT NONE
ABSTAIN NONE
(22) COUNCIL ADOPTS ORDINANCE NO 1233. DELETING AND RESERVING
CHAPTER 17 06 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING
THE RESOURCE CONSERVATION OVERLAY DISTRICT
It was moved by Councilmember Kelley and seconded by Mayor Pro Tem
Hickman to adopt Ordinance No 1233 entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
DELETING AND RESEVING CHAPTER 1706 OF
THE LAKE ELSINORE MUNICIPAL CODE
REGARDING THE RESOURCE CONSERVATION
OVERLAY DISTRICT
The follOWing roll call vote resulted
AYES MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NOES NONE
16
Agenda Item No 8
Page 52 of 55
ABSENT NONE
ABSTAIN NONE
(23) COUNCIL ADOPTS ORDINANCE NO 1234. AMENDING AND RESTATING
SECTION 17 25 020 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING RESIDENTIAL USES IN OPEN SPACE DISTRICTS
It was moved by Mayor Pro Tem Hickman and seconded by Councilmember
Schiffner to adopt Ordinance No 1234 entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING AND RESTATING SECTION 1725020
OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING RESIDENTIAL USES IN OPEN
SPACE DISTRICTS
The following roll call vote resulted
AYES MAYOR MAGEE
MAYOR PRO TEM HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER KELLEY
COUNCILMEMBER SCHIFFNER
NOES NONE
ABSENT NONE
ABSTAIN NONE
PUBLIC COMMENTS
There were no public comments
CITY MANAGER COMMENTS
CIty Manager Brady commented on the fOllowmg
(1) Farmer s Market Thursday November 15th from 4 7 00 P m on Main Street and
Peck
(2) The Lake Elsinore Chamber of Commerce Business Mixer Will be held on
Thursday November 15th at the 74 Motorsports from 530730 pm located at
Crane Street and Collier
(3) The Lake Elsinore Outlet 6th Annual Tree Lighting Celebrations on November
17
Agenda Item No 8
Page 53 of 55
(4)
(5)
(6)
(7)
16th through the 18th from 10 a m to 6 00 P m located on Collier Avenue
The Unity In the Community Parade will be held on November 17th which starts at
10 a m
Farmer s Market Thursday November 22nd from 4 7 00 P m on Main Street and
Peck
Cruz Nlte will be held on November 24th from 5 - 9 P m downtown Main Street
He also recognized Information/Communications Director Mark Dennis who
worked In dealing wIth the press and setting up a lot of Information Lake and
Aquatic Resources Department Director Pat Kilroy because It was his venue and
staff that was used extensively and PubliC Works Manager Bill Payne who put
our emergency plan together over the past several years
CITY ATTORNEY COMMENTS
No comments
CITY TREASURER COMMENTS
Not present
CITY COUNCIL COMMENTS
Councllmember Kelley commented on the following
(1) Requested an update With the Fairfield Apartments and when the residents will
see any Improvement In the situation
Public Works Directors Semaulo responded the City has been working With the
Fairfield Apartments Centex Homes and the Shoppoff Group who owns the
property next to the apartments He stated there are plans that have been
distributed to the Engineer representing the County s residents as well as the
Fairfield Apartments He noted they placed a cost estimate to the plans which
Includes a sub drain for subsurface water as well as surface drainage He
Indicated an agreement IS being worked out to allow the work being done and a
couple of Issues need to be worked out He commented work will begin as soon
as an MOU or an agreement can be worked out He stated he did not know when
the residents will see an Improvement
(2) She expressed her sorrow for the fire that burnt down the Lake Elsinore Elks
Club
(3) Announced the Christmas Tree Lane Fundralser will be held at the Diamond on
December 8th and 9th
(4) Wished everyone a Happy Thanksgiving
18
Agenda Item No 8
Page 54 of 55
Councllmember Schiffner commented on the following
(1) Thanked all those who helped with the HawaII Marks Tanker and all those who
helped with the fires
(2) Wished everyone a Happy Thanksgiving
Mayor Pro Tem Hickman commented on the following
(1) Announced the City had a safe Halloween for the kids
(2) Kudos to the Motocross event sponsors He had heard good this about the
event
(3) Invited everyone out to the Unity In the Community Parade on Saturday
(4) Kudos to the staff and the volunteers that did help the fire fighters
(5) As an Elk member wanted to thanked Trevl Lanes for helping out With the use of
hiS bUilding He also announced the Elks Clubs was gOing to serve Thanksgiving
dinner on November 2151 With the help of the Parks & Recreation Department
(6) Wished everyone a Happy ThanksgIVIng
Councllmember Buckley commented on the follOWing
(1) InqUired If the Fairfield Developers had any further projects before the City
PubliC Works Director Semaulo responded they did not
(2) Congratulated and thanked the sponsors of the motocross event He also
suggested making It an all weekend event
Mayor Magee commented on the follOWing
(1) Thanked the Randy and Brandy Hiner for organizing such a wonderful event He
also thanked staff and former CounCil member Will Buck for assisting With the
event
Mayor Magee adjourned the meeting at 8 07 P m
ROBERT E MAGEE
MAYOR
ATTEST
VIVIAN M MUNSON
CITY CLERK
19
Agenda Item No 8
Page 55 of 55
CITY OF ~
LAKE 6LSINO~
, ,
~.C" DREAM EXTREME.
REPORT TO CITY COUNCIL
I,
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27 2007
SUBJECT WARRANT LIST DATED NOVEMBER 15, 2007
DIscussion
The warrant list IS a listing of all general checks Issued since the prior warrant list
Recommendation
AuthOrize payment of Warrant List dated November 15 2007
Prepared By
Crystal Robinson !1 0
Account Specialist I ~
Reviewed By
Matt N presse~
Director Of Ad;';;~atlve Services
Approved By
/
Robert A Brady D a:
City Manager r&)/
Agenda Item No 9
Page 1 of 6
NOVEMBIER 15 2007 CITY OF LAKE ELSINORE
WARRANT
SUMMARY
FUND#
100
105
110
112
118
130
205
211
267
386
606
608
620
FUND DESCRIPTION
TOTAL
$ 2 073 266 38
4744925
6784
570 00
1163339
20 324 80
27138
498 75
1 570 00
23310
203 53
322712
615088
GENERAL FUND
MISCELLANEOUS GENERAL PROJECT FUND
STATE GAS TAX FUND
TRANSPORTATION/MEASURE A FUND
LAKE SIDE FACILITIES DIF FUND
LIGHTING/LANDSCAPE MAINTENANCE FUND
TRAFFIC IMPACT FEE FUND
STORM DRAIN C I PFUND
C F D 2006 1 SUMMERL Y/LAING DEBT SERVICE FUND
C F D 2007 4 MAKENNA COURT DEBT SERVICE FUND
MOBILE SOURCE AIR POLLUTION FUND
TRUST DEPOSITS & PRE PAID EXPENSE
COST RECOVERY SYSTEM
$ 216546642
GRAND TOTAL
11/20/2007 Warrant 111507
10f1
Agenda Item No 9
Page 2 of 6
J
NOVEMBER 15 2007
CHECK#
92380
92552
92726
92733
92745
92946
92947
92948
92949
92950
92951
92952
92953
92954
92955
92956
92957
92958
92959
92960
92962
92963 92964
92965
92966
92967
92968
92969
92970
92971
92972
92973
92974
92975
92976
92977
92978
92979
92980
92981
92982
92983
92984
92985
92986
92987
92988
92989
92990
92991
92992
92993
92994
92995
CITY OF LAKE ELSINORE
VENDOR NAME
VOID CA PEACE OFFICERS ASSOCIATION
VOID CELINA VILLALOBOS
VOID MSA INLAND EMPIRE/DESERT CHAPTER
ICMA RETIREMENT TRUST
VOID ERICA ANDERSEN
CANYON LAKE TRAVEL
SERGEANT VINCENT SCARPINO
DEPUTY JASON BEEMAN
TIM HODGES
NATIONALCOUNCIL OF JUVENILE & FAMILY COURT JUDGES
NATIONAL COUNCIL OF JUVENILE & FAMILY COURT JUDGES
STATE FUND INSURANCE
RIVERSIDE COUNTY CLERK
REGIONAL CONSERVATION AUTHORITY
JUAN MANUEL MENDOZA
LIBERTY VEGETABLE OIL COMPANY
LA FITNESS INTERNATIONAL L L C
LEIBOLD MCCLENDON & MANN
CELINA VILLALOBOS
ICMA RETIREMENT TRUST
VOID
A & A JANITORIAL SERVICE
ADVENTURES IN ADVERTISING
AGRICULTURAL PEST CONTROL SERVICES
ALL PHASE REFRIGERATION & AIR
ALLIANCE ENVIRONMENTAL & COMPLIANCE
AMERICAN FORENSIC NURSES
ERICA ANDERSEN
ANIMAL FRIENDS OF THE VALLEY
APPLE ONE EMPLOYMENT SERVICES
ARCHITECTS HANNA GABRIAL WELLS
ARTISAN GOLDSMITHS & AWARDS
BACKFLOW CERTIFICATION
BANK OF AMERICA (0619) CITY MANAGERS OFFICE
BANK OF AMERICA (2017) FIRE CHIEF
BANK OF AMERICA (2025) ENGINEERING/PUBLIC WORKS DEPARTMENT
BANK OF AMERICA (3480) COMMUNITY DEVELOPMENT DEPARTMENT
BANK OF AMERICA (4245) PARKS & RECREATION DEPARTMENT
BANK OF AMERICA (5392) FIRE STATION #85
BANK OF AMERICA (6673) LAKE & AQUATIC RESOURCES DEPARTMENT
BANK OF AMERICA (6707) ADMINISTRATIVE SERVICES & HUMAN RESOURCES
BEN CLARK PUBLIC SAFETY TRAINING CENTER
DAWN BOWEN
BRIAN HEALY ARCHITECTS
STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
STATE OF CALIFORNIA DEPARTMENT OF FISH & GAME
CALOL YMPIC GLOVE & SAFETY CO
CANON FINANCIAL SERVICES INC
CANYON TIRE SALES INC
JOHN CARLSON
CMS BUSINESS FORMS INC
CNH CAPITAL AMERICA L L C
COAST TO COAST WIRELESS INC
WARRANT LIST
$
AMOUNT
(3000)
(360 00)
(40 OOL
4 069 00
(37050)
2 287 44
21500
21500
21500
675 00
225 00
1756751
6400
1 500 00
10000
1 890 00
500 00
56 868 63
360 00
4 094 00
000
315000
144196
4 924 00
803 50
599 00
7750
922 50
7 500 00
101530
1000000
21432
1 020 00
437 34
15174
6067
696 38
3060
7532
30774
203 35
15100
29100
1000000
805 00
4 000 00
10165
3 583 45
12296
225 00
1 620 83
3251 42
16746
11/20/2007 Warrant 111507
10F4
Agenda Item No 9
Page 3 of 6
NOVEMBER 15 2007
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK#
92996
92997
92998
92999
93000
93001
93002
93003
93004
93005
93006
93007
93008
93009
93010
93011
93012
93013
93014
93015
9301693017
93018
93019
93020 93021
93022
93023 93024
93025
93026
93027
93028
93029
93030 93032
93033
93034
93035
93036
93037
93038
93039
93040
93041
93042
93043
93044
93045
93046
93047
93048
93049
93050
93051
93052 93053
93054
VENDOR NAME
COOK EQUIPMENT OF ORANGE INC
KIRT A COURY
CALIFORNIA PEACE OFFICER S ASSOCIATION
CUTTING EDGE STAFFING INC
D & K FABRICATION
D & SELECTRIC
D & S SALES
DEPARTMENT OF MOTOR VEHICLES
DAY TIMERS
DELL SERVICES SALES
DELTA SERVICES
FRANCISCO DIAZ
DIRECTV
DISH NETWORK
DO IT CENTER
CAROLE K DONAHOE A I C P
DOWNS COMMERCIAL FUELING INC
DOWNS ENERGY
DRESCO REPRODUCTION INC
D3 EQUIPMENT
EVMW D
THE EDGE
ELSINORE ELECTRICAL SUPPLY INC
ELSINORE PIONEER LUMBER CO
ELSINORE VALLEY RENTALS
EXCEL LANDSCAPE INC
FERGUSON GROUP L L C
FRANKLIN COVEY
RAY GONZALES
GOVERNMENT FINANCE OFFICERS ASSOCIATION
THE GRAPHICS COMPANY
GREENSCAPE LANDSCAPE INC
ARLINE GULBRANSEN
HOP E INC
LORENA HANCOCK
HARRIS & ASSOCIATES INC
HEWLETT PACKARD COMPANY
IDEARC MEDIA
IMPACT PROMOTIONAL PRODUCTS
INLAND EMPIRE LOCK & KEY
DE JANDA
KIRSTEN KING
KONING ELIZENBERG ARCHITECTURE
L N CURTIS & SONS
LABOR FINDERS
LAKE BUICK PONTIAC GMC INC
LAKE CHEVROLET
LAKE ELSINORE TIRE & AUTO INC
LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
LAKESHORE HOMES & DEVELOPMENT INC
LE & SJWA
LOWE S HOME CENTERS INC
SANDRA MASSA LAVITT
AMOUNT
668 52
4 500 00
7000
266910
425 00
854 00
28102
10000
5575
237 03
179 49
14330
7873
5299
4017
241216
360 37
567 57
37436
9837
799531
1112625
4007
53918
210800
3 246 79
6 000 00
12733
3350
14500
840 00
1566850
203 29
274400
4 825 75
27030 00
98591
2998
403 20
31263
34125
18375
1000000
322712
852 50
61897
5801
5000
8 654 00
1330000
1000000
629 94
301500
11/20/2007 Warrant 111507
20F 4
Agenda Item No 9
Page 4 of 6
NOVEMBER 15 2007
CITY OF LAKE ELSINORE
W ARRANT LIST
CHECK#
93055
93056
93057
93058
93059
93060
93061
93062~
93063
93064
93065
93066
93067 93068
93069
93070
93071
93072
93073
93074
93075
93076
93077
93078
93079
93080
93081
93082
93083 93084
93085
93086
93087
93088
93089
93090
93091
93092
93093
93094 93095
93096
93097
93098
93099
93100
93101
93102
93103
93104
93105
93106
93107
93108
93109
93110
VENDOR NAME
AMOUNT
6 075 00
815592
7278
12489
375 00
487 50
867 39
10000
1979
1 636 07
1235
1 890 00
51135
443 65
260 40
773 85
1 856 25
16333
110764
194513
477 39
1 075 86
4151018
98518
1 075 027 84
2 940 00
149160
550 00
9800
4 500 00
115500
907 50
672 45
359 56
27618
3 705 00
7808
7 857 32
12540
542 85
1268600
1 965 65
7 245 00
2 737 94
11300
444 54
9203
650 00
3805
16500
962 00
52151
7967
LINDA M MILLER
MITY LITE INC
MOBILE SATELLITE VENTURES L P
MORROW PLUMBING INC
MUNISERVICES L L C
RICK MUNYON
MURRIETA OAKS NURSERY INC
NBS
NED R HEALY & COMPANY INC
NEXTEL COMMUNICATIONS
OCB REPROGRAPHICS
ORKIN INC
PETTY CASH
POWERLAND EQUIPMENT INC
PREMIUM PALOMAR MT SPRING WATER
THE PRESS ENTERPRISE
PRODUCTION VIDEO
PRUDENTIAL OVERALL SUPPLY
PVP COMMUNICATIONS INC
QUAID TEMECULA HARLEY DAVIDSON
QUILL CORPORATION
QWEST COMMUNICATIONS
REGIONAL CONSERVATION AUTHORITY
RIGHTWAY SITE SERVICES INC
RIVERSIDE COUNTY SHERIFF ACCOUNTING & FINANCE
COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR CONTROLLER
COUNTY OF RIVERSIDE BOB DOYLE SHERIFF
ROBBINS PEST MANAGEMENT INC
ROTARY CLUB OF LAKE ELSINORE
SANTA ANA REGIONAL WATER QUALITY BOARD
SC SIGNS
SERVICE FLAGS COM INC
SHARE CORPORATION
SHERWIN WILLIAMS CO
SMART & FINAL
DAVID S SOLOMON
SOUTHERN CALIFORNIA EDISON CO
SOUTHERN CALIFORNIA EDISON CO
SOUTHERN CALIFORNIA GAS CO
STAPLES BUSINESS ADVANTAGE
STAY GREEN INC
STITCHWEAR INC
BOB STOVER INC
SUNBEL T RENTALS
SUNGARD HTE INC
TEAM AUTOAID INC
TEMECULA COPIERS
THE DJ COMPANY
TIME WARNER CABLE
TOWN & COUNTRY TOWING
UNITED WAY INLAND VALLEY
VENUS PRINTING
VERIZON CALIFORNIA INC
11/20/2007 Warrant 111507
30F4
Agenda Item No 9
Page 5 of 6
~
NOVEMBER 15 2007
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK#
93111
93112
93113
93114
93115
93116
93117
93118
93119
TOTAL
P E DATE
VENDOR NAME
VERIZON EQUIPMENT SALES & SERVICE
VISTA PAINT CORPORATION
KY ANH VO AKA TOM VO JR
WEST COAST ARBORISTS INC
WESTERN BANK OF CHINOOK
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
WESTERN SAFETY PRODUCTS INC
WILBUR ELLIS COMPANY
WENDY WORTHEY
AMOUNT
54211
52431
405 00
9 773 20
2 607 49
234 977 84
337 56
1 228 35
663750
$1 75344666
11109/07
11/09/07
11/15/07
11/01/07
11/01/07
11/01/07
PAYROLL CASH
PAYROLL TAXES
CALIFORNIA PER S
CALIFORNIA PER S
CALIFORNIA PER S
CALIFORNIA PER S
$ 15575649
56 490 77
50 423 96
95 485 65
4021 50
49841 39
GRAND TOTAL
$216546642
11/20/2007 Warrant 111507
40F4
Agenda Item No 9
Page 6 of 6
CITY OF ~
LAIQ:: ,6/LSIN.O~
~~ DREAM EXTREME.
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27 2007
SUBJECT INVESTMENT REPORT - OCTOBER 2007
DISCUSSion
The Investment Report IS a listing of all funds Invested for the City as of the date shown
on the report
Recommendation
Receive and file
Prepared By
James R Riley c.z1....,;
Finance Manager (J
Reviewed By
Matt N Presse
Director of Admlnls
Approved By
Robert A Brady 1\ ~
City Manager ~V
Agenda Item No 10
Page 1 of 11
CITY OF LAKE ELSINORE
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF OCTOBER 31 2007
ACTIVE ACCOUNTS
BANK DEPOSITS OUTSTANG BOOK
BALANCE IN TRANSIT CHECKS BALANCE
$239131777 3671190 (176821070) 65981897
385 00 385 00
170,195 59 (1 02027) 169,17532
2561 898 36 36,71190 (1 76923097) 829 379 29
Bank of America General
Reconciling Items
Bank of Amenca Payroll
Total Active Accounts
INVESTMENTS
local Agency Investment Fund
Bank of New York Trust Sweep Account
Federal Home Loan Mortgage Corp
Federal Home Loan Bank
Federal National Mortgage AssOciation
Sub-total Investments
18386548 72
832219577
1838654872
832219577
1200000000
1200000000
38708744 49
38708744 49
Unrealized Galnl (loss) at 6 30-07 per GASB 31(LAIF)
Unrealized Galnl (loss) at 630-07 per GASB 31 (Other)
T otallnvestments
(1216000)
(37 337 00)
(4949700)
3865924749
41,221,14585
3671190
(1 769 230 97)
(1216000)
(37,33700)
(4949700)
38 659 247 49
39488,626 78
300 00
1,00000
$39489,926 78
UnrealIZed Ga,," (loss) at 6-30-07 per GASB 31 (Total)
Cashier Drawers #1 & #2
City of lake ElSinore Petty Cash Fund
TOTAL POOLED CASH AND INVESTMENTS
I certify that thiS report accurately reflects all pooled Investments and It 15 In conformity WIth the Investment policy as
approved by the City Council on June 26 2007 A copy of thiS policy IS available In the office of the City Clerk The
pooled Investments shown above provide suffiCient cash flow liquidity to meet the next SIX months estimated expenditures
Matt N Presse
Director of AdmlnlS
November 20 2007
Date
Prepared.by J Rky FTIlIIl\: MinaI
Agenda Item No 10
Page 2 of 11
FUND NO
100
101
102
103
104
105
106
107
110
112
115
116
117
118
119
120
130
135
140
150
201
204
205
211
221
231
232
254
257
259
266
351
352
353
356
357
358
359
360
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
604
605
606
608
610
611
616
620
650
651
652
CITY OF LAKE ELSINORE
POOLED CASH AND INVESTMENTS BY FUND
AS OF OCTOBER 31 2007
FUND NAME
General Fund
Supplemental Law Enforcement Fund
Local Law Enforcement Block Grant Fund
Office of Traffic Safety Fund
Traffic Offender Fund
M sc General Project Fund
Affordable Housing In Lieu Fund
Developer Agreement Revenue
State Gas Tax Fund
Transportation Fund
Traffic Safety Fund
C ty Hall P bile Worl<s DIF Fund
Commumty Center DIF Fund
Lake Side FacIlity DIF Fund
Animal Shelter DIF Fund
Camino Del Norte DIF
Lighting & Landscape Maintenance Fund
#1LJghtlng & Landscape Maintenance Fund
Geothermal Fund
CDBG Fund
Street C I PFund
Signal C I PFund
Traffic Impact Fee Fund
Storm Drain C I PFund
Pari< C I PFund
LIbrary C I PFund
City Fire Protectton Fund
AD 89-1 Railroad Canyon Rd Improvement Fund
CFD 90-2 Tuscany Hills
CFD 90-3 Constructton Fund
CFD 2004-1 Manntlqu
AD 87 2 Debt Serv ce Fu d
AD 86 1 Debt Service Fund
AD 89-1 Debt ServIce Fund
AD 90-1 Debt Service Fund
CFD 2003 2 Canyon Hills
CFD 91 2 Debt Service Fund
CFD 90-3 Debt ServIce Fund
AD 93--1 Debt ServIce Fund
CFD 95 1 (96 Srs E) Debt Service Fund
CFD 88-3/1997 Senes F Debt Serv ce Fund
CFD 88 3 11I8/1997 Senes B Debt ServIce Fund
CFD 98 1 Summerhill Improvement fund
CFD 2004 1 Debt Serv ce Fund
CFD 2005 3 Summerly I laing
CFD 2004-2 VIsta Lago
CFD 2004 3 Rosetta Canyon
CFD 2005 x Camino Del Norte
CFD 2005 1 Seremty
CFD 2005 3 Alberh II Ranch
CFD 2005-5 Wasson Canyon
CFD 2005-4 Lakevlew Villas
CFD 2005 1 D Clurman
CFD 2005 7 La Strada
CFD 2006-X Tessara
CFD 2007 X TR#31957
CFD 2007 X Ma Vllage
CFO 2006 9 Tuscany W
CFD 2006 10 R.lVe LK
CFD 2006-9 Tnaste
CFD 2007 X Canyon Hills
CFD 2003-2 SRS 2006A
CFD 2004-3 SRS 2006A
CFD 2007-4 Mekenna
Endowment Trust Fund
Public Improvement Trust Fund
Mob Ie Source Air Polut on Fund
Trust Oepos t & Pre Pa d Expense
Kangaroo Rat Trust Fund
Developer Agreement Trust Fund
Fire Station Trust Fund
Cost Reco ery System Fund
CFD 2003-1 Law & Fire Serv ce Fund
CFD 2006 5 Park OpnSpc
CFD 2007 1 Law & Fire
Total Pooled Cash & Investments
AMOUNT
928077311
187706 32
2764749
86 702 80
57 996 63
(63368585)
906 162 04
1 021 44841
1 291 803 53
1 355 066 86
345 11094
838 239 23
547160 16
334451 80
34772630
30 978 56
(85470111)
20 828 72
16 848 53
(25576208)
(20509869)
11305434
579751463
6 722 808 11
112735337
120513365
560 345 71
12145231
(94 047 50)
9841017
7941471
46 941 98
8913068
291 431 99
381 581 21
46986874
1397952
(31870383)
925 372 76
19565149
503 344 57
(54312532)
401 551 04
(50 058 23)
32 084 29
31946213
11929941
27186 18
(1634301)
98691 66
24644 15
42 355 88
29636 15
367432
46 593 53
5018287
(46668)
454 88
46461 28
5410361
60 460 82
68 893 04
43 679 83
(2022065)
17861 74
653921 31
192601 62
1 765751 70
1 305 00
1 51479000
1553
1 437 030 91
(7 385 56)
(478981)
2.18085
394899267"genda Item No 1 0
Page 3 of 11
CITY OF LAKE ELSINORE
INVESTMENT ACTIVITY SUMMARY
FOR THE MONTH ENDING OCTOBER 31, 2007
Total outstanding Investments as of September 30 2007
Investment Purchases
Total Purchases
Investment Matunlles
Total Matuntles
Investments Called
FHLB
FHLB
FHLB
T alai Calls
3133XJNJ3
3133XJHL5
3133XDT35
PURCHASE MATURITY/
DATE CALL DATE
01/23/07
01/26/07
11/28/05
10/23/07
10/26/07
10/28/07
Net Increase (decrease) In LAIF
Net Increase (decrease) In Sweep Account
Total outstanding Investments as of October 31 2007
COUPON YIELD TO
RATE MATURITY
5 500%
5 500%
5 250 /0
5 5000/
5 500%
5 250%
$ 38 242 907 77
COST
(1 00000000)
(1 00000000)
(1 00000000)
(3 000 000 00)
31152320
315431352
$ 3870874449
Agenda Item No 10
Page 4 of 11
~
"" r.1 ~ ~ ~ ~ ~ ~ '" ~ 0 0 0 0
- 0 0 0 0 8 0 0 0 :; :; :; :;
~ "" 0 0 0 0 0 0 0
;::> ..: <: <: '" S ~ ~ '" '" '" ~ '" ~ s s 0
0; 0; 0; N @ c
"" Q z z ~ ~ ~ ~ "
'" '" ~ '" '" '" '" -
..: '" 3 ~ s ~ 0; i::1 ;a M ~ ~ ;a 1!
0 0 0 0 0 0 0 0 0
::;: .
.c
~
.
::;:
~ ~ ~ ~ ~ :; ~ ~
..:i r.1 E 8 0 0 8 8 8 0 -
0 0 0 0 0
~ "" <: <: ~ ~ ~ '" <: <: <: '" '" S S 11
..: z z 'f ~ ~ ~ z z z ~ ~ 0
U Q S ~ - ;a 0
. Sl 0
0 '"
-
0
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=> C => C ::1i C => => ::1i Agenda Item No 10
Page 9 of 11
CITY OF LAKE ELSINORE
SUMMARY OF POLICY LIMITATIONS
AS OF OCTOBER 31, 2007
DESCRIPTION
U S Treasury Bills
CURRENT
PERCENTAGE
BASED ON MARKET VALUE
AS OF OCTOBER 31 2007
000%
MAXIMUM
PERCENTAGE
UNLIMITED
U S Treasury Notes
000%
UNLIMITED
Federal Agency Issues
FICB
FFCB
FLB
FHLB
FNMA
FHLMC
Bank of New York Trust Sweep Account
Current Balance
000% UNLIMITED
000% UNLIMITED
000% UNLIMITED
31 02% UNLIMITED
000% UNLIMITED
000% UNLIMITED
000% 40 00%
000% 25 00%
000% 30 00%
000% 15 00%
000% 30 00%
000% UNLIMITED
000% 20 00%
47 50% UNLIMITED
$ 1838654872
21 48% UNLIMITED
$ 832219577
100 00%
87 08% no less than 25%
9741%
Banker's Acceptances
Certificates of DepOSit
Negotiable Certificates of DepOSits
Commercial Paper
Medium Term Corporate Notes
Repurchase Agreements
Reverse Repurchase Agreements
LAIF (Local Agency Investment Fund)
Current Balance
TOTAL
% of Portfolio MatUring within one year
% of Portfolio MatUring or Callable within one year
Agenda Item No 10
Page 10 of 11
CITY OF LAKE ELSINORE
PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES
JULY 2005 THROUGH OCTOBER 2007 (INCEPTION TO DATE)
TOTAL % OF
% OF PORTFOLIO BY AGENCY PORTFOLIO IN
MONTH FFCB FHLB FHLMC FNMA FEDERAL AGENCIES
July 2005 000% 000% 000% 000% 000%
August 2005 000% 000% 333% 000% 333%
September 2005 000% 623% 312% 000% 935%
October 2005 000% 1423% 285% 000% 1708%
November 2005 000% 1882% 269% 000% 21 51%
December 2005 000% 22 92% 286% 000% 25 78%
January 2006 000% 2074% 259% 000% 23 33%
February 2006 000% 2101% 262% 000% 23 63%
March 2006 000% 20 49% 255% 000% 23 04%
Apnl 2006 000% 20 59% 257% 000% 23 16%
May 2006 000% 1994% 249% 502% 27 45%
June 2006 000% 2491% 191% 385% 30 67%
July 2006 000% 25 26% 193% 390% 31 09%
August 2006 000% 28 57% 219% 441% 35 17%
September 2006 000% 2617% 237% 477% 3331%
October 2006 000% 26 26% 238% 479% 33 43%
November 2006 000% 24 69% 246% 000% 27 15%
December 2006 000% 28 04% 254% 000% 30 58%
January 2007 000% 27 59% 212% 000% 2971%
February 2007 000% 26 60% 221% 000% 2881%
March 2007 000% 32 82% 468% 000% 37 50%
Apnl 2007 000% 30 05% 473% 000% 34 78%
May 2007 000% 31 17% 480% 000% 35 97%
June 2007 000% 36 37% 428% 000% 40 65%
July 2007 000% 36 07% 425% 000% 40 32%
August 2007 000% 41 34% 243% 000% 43 77%
September 2007 000% 39 24% 000% 000% 3924%
October 2007 000% 31 02% 000% 000% 3102%
AVERAGE 000% 24 33% 261% 096% 27 89%
Agenda Item No 10
Page 11 of 11
CITY OF ~
LAKE \6/LSINO~
~.:... DRFAM F;<TRFMF~
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27 2007
SUBJECT CLAIM AGAINST THE CITY
Backaround
Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren
& Company Claims Administrators When received each claim IS logged In the City
Clerk s Office and forwarded to this company for investigation After initial review and
Investigation direction IS Issued to the City to take one of several actions such as
rejection notification of late claim or reservation of action until further information IS
obtained
DIscussion
The following claim has been recommended for rejection by Carl Warren & Company
CL# 2007 14 - Ramlro Medina
Fiscal Impact
None
Recommendation
Reject the claim listed above and direct the City Clerk s Office to send a letter informing
the claimant of the deCISion
Agenda Item No 11
Page 1 of6
Claim Against the City
November 27 2007
Page 2
Reviewed by
Jessica Guzman~
Office Specialist
VIvian Munso~
City Clerk
Robert A BradY~~
City Manager r
Prepared by
Approved by
Agenda Item No 11
Page 2 of 6
rN
November 1 2007
RECEIVED
NQV 0 9 2007
TO The CIty of Lake Ehsmore
CITY CLERKS OFFICE
ATTENTION JessIca Guzman Office of the CIty Clerk
RE
Cla.Jm
Cla.Jmant
D/Event
Rec d Y /Office
Our File
RamIro Medma v Lake Elsmore
Ramlro Medma
unknown
09/19/07
1462111 DBQ
We have revIewed the above captIOned cJa.Jm and request that you take the actIOn md1cated
below
· CLAIM REJECTION Send a standard rejectIOn letter to the claimant
Please provIde us With a copy of the notice sent as requested above If you have any
questIOns please contact the underSIgned
Very truly yours
CARL WARREN & COMPANY
jJJ~
Deborah'1leen
CARL WARREN & CO.
CLAIMS MANAGEMENT.CLAIMS ADJUSTERS
770 Placentla Avenue Placentl8 CA 9287Q-6S32
Marl POBox 25180 Santa Ana Ca 92799 5180
Phone (714) 572 5200 (800) 572 6900 Fax (714) 961 8131
Agenda Item No 11
Page 3 of 6
CITY OF A
LAK]: 5LSINORJ:
"'%>d DREAM E;(rREME
.
September 20, 2007
DWIght Kunz
Carl Warren & Company
POBox 25180
Santa Ana CA 92799-5180
Dear Mr Kunz
Enclosed for your handlmg IS a claIm receIved on September 19,
2007 from Ramlro Medma (CL #2007-14) Please keep me
advIsed of appropnate CIty CounCIl ActIOn
For further aSSIstance, please contact me at (951) 674-3124 ext
269
CIALIST
Enclosure
CC CIty Manager
9516743124
130 S MAIN STREET
LAKE ELSINORE CA 92530
WWWLAKE ELSINORE ORG
Agenda Item No 11
Page 4 of 6
RECEIVED
CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For Damages to Persons or Personal Property)
SEP 1 9 2007
CITY CLERKS OFFICE
ReceIved by
{ L L~.
CIty Representattve
(Tlme/Date ReceIved)
A claIm musl be filed WIth the City Clerk oflhe CUy of Lake Elsmore wlthm SIX (6) months after the mCldenlore event
occurred Be sure your claIm IS agamst the CIty of Lake Elsmore not another pubbc entIty Where space JS IIlsufficlent
please use additIOnal paper and IdentItY wormatlOn by paragraph number Completed clauns must be maJled or debvered to
the CIty Clerk CIty of Lake Elsmore 130 South MalO Streel Lake E1smore cahfornla 92530
TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA
The underSigned respectfully submllS the followmg claIm and mformatlOn relallve to damage to persons andlor personal
property
NAME OF CLAIMANT
a
b Phone No cOate OfBllfh___
d e Drivers Llc NO____
2 Name post office address and telephone to whIch claunant desltes nollces to be senl, If other than the above
3 Occurrence or event from whIch thIS claun arISes
a Date b TIme 2'~O
C Place (Exact and specIfic locahon) Pvovrf I~.p -I ., I d.,p of- +'^~
ItIJV)-l.- / 6 ~ ft
I
d
~
How and under what elfeumstances dId damage or mJUty occur? SpecltY the PartIcular occurrence event
act or OmISSIOn you claun caused the mJUty or damage (use al\dltJonal paper Ifnecessary)
(I/' ~ _..fvu~ -fhq I J5 e V1 c,-h-, J:?yt)p.w4 Ph /
rn'1 pYIJfRvry /)q/1/i{!f9~ if!:}. 3 &fIe.. et~ tI Wq// o~
/,y,p,#~rh
What pa1l1clllar actIon by the City of us employees caused the aJle~ed damage at mJury?
C#e
OM
e
Agenaa Item I~o I I
Page 5 of 6
4 Were there any IDJunes at the tune of thiS accident? Ifnot, state No IDJunes
/I/o I~ vy-", \
5 GIve the nameCs) of the CIty employeeCs) causmg the damage or IDJury
6 Name and address of any person IDJured
7 Name and address of the owner of any damaged property
1l Damages claImed
a Amountclauned as of thIS date $ /,'Z ~O
b EstImated amount of future costs $
c Total amount clalDled $
d BaSIS for computatIon of amolll1ts clauned (Include copIes of all bIlls IDVOICeS estunates etc)
9 Names and addresses of all witnesses hospitals doctors, etc
a
b
c
10 Any addlltonalmforrnatlon that might be helpfullD consldenng thiS claim
1f-:~ - q - ;krM71orl4G1d1) htct.{ ~i j;;;;~- -/i...e- -::It -;j u
I
WARNING IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM'
(penal code nflnsurance Code 556 I)
I have read the matters and statements made m the above clann and I know the same to be true of my own knowledge except
as to those matters state upon rnforrnatlon or belief as to such matters I beheve the sarne to be true I eerttty under penalty of
pelJury that the fi~regOm TRUE AND CORREcT
SIGNEDTIUS DAY OF ItJ-o/'- Or- 20_AT .CALIFOIU'IA
...
CLAIMANTS ~ _
SIGNATURE /~~--~J
~~~
Agenda Item No 11
Page 6 of 6
CITY OF ~
LAKE ,6,LSINORf:
V'" DREAM E,XTREMEN
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27 2007
SUBJECT WINTEREFEST CELEBRATION AND STREET CLOSURES
BackQround
The City of Lake ElSinore Will be conducting the annual Wlnterfest and Tree Lighting
Event on Fnday December 7 2007 from 500 P m to 9 00 p m There Will be a vanety
of craft vendors free activity booths three entertainment stages snow play areas and
the ever popular pictures with Santa Local downtown merchants stay open late for thiS
celebration as we kick off the holiday season with the lighting of our holiday tree and
arrival of Santa
DIscussion
The Shenff s Department the City Public Works Department and the Parks and
Recreation Department Will coordinate resources to ensure the Wlnterfest celebration is
a memorable expenence In order to ensure the safety of the participants staff is
recommending the closure of Main Street from Sulphur to Heald beginning December
7th at 2 00 P m and Will reopen pnor to 1 00 a m Saturday December 8th
Fiscal Impact
Funding for thiS event is included in thiS year's fiscal budget
Recommendation
Approve closure of Main Street for Wlnt
Prepared by
Ray Gonzales
Director of Parks and
Approved by
Robert A Brady '\\ ~
City Manager m
Agenda Item No 12
Page 1 of 1
CITY OF ~
LAKE \6,LSINO~
'?t.~ DREAM EX'TREMEN
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27, 2007
SUBJECT PURCHASE AUTHORIZATION FOR STORAGE AREA NETWORK
SYSTEM (SANS)
Backaround
Consider a Hewlett Packard Storage Area Network System (SANS) Solution purchase
to provide data storage consolidation and protection against loss of critical data
DIscussion
The current server system architecture at the City of Lake ElSinore requires each server
to have a dedicated set of hard drives IneffiCienCies are Inherent With thiS setup due to
the wasted data storage on each server and the inability to share the excess storage
space With other systems In the network The data backup process reqUires each
server to possess a tape drive and individual sets of tapes to manage Migrating our
system architecture to Include a SANS deVice Will consolidate excess data storage
space and provide the flexibility to expand and reduce the data storage size on demand
The SANS also reduces the risk of data lockout created by a failed hard drive or a
downed server The City has 607 Gigabytes of available disk space In which 49% IS
unusable because It can not be shared throughout the network The SANS Will contain
3 Terabytes of useable data storage and back up to disk utilities for Immediate retrieval
and backup consolidation The SANS IS an Integral part In the system architecture In
order to prepare for enterprise Wide applications such as Document Management
Systems (OMS) GIS Integrated VOice Response (IVR) and Intranet Web Hosting
As per the City s purchaSing policy Section 308070 thiS purchase of $15000 IS
exempt from a formal bid process because It IS In the best Interest of the City to use the
established government pricing for Information technology purchases
Agenda Item No 13
Page 1 of 5
Purchase Authorization For Storage Area Network System (SANS)
November 27 2007
Page 2
Fiscal Impact
The purchase price IS $48 903 52 Including tax and installation as shown In the
attached quote (Exhibit A) Sufficient funding for this project was earmarked In the 2007
2012 CIP project ID No GEN 0002 (Exhibit B)
Consistent with the City s practice of making information technology purchases under
the California MUniCipal Awards Schedule (CMAS) Hewlett Packard (HP) hardware
qualifies for purchase under the state and local government CMAS or WSCA pricing
schedule
Both CMAS and Western States Contract Alliance (WSCA) pricing ensures competitive
pricing at Government Services Administration (GSA) rates HP s three year warranty
service also helps keep the City s cost of repairs and maintenance down
This purchase IS exempt from the City s purchaSing poliCY reqUiring Informal bids
because It IS In the best Interest of the City to use CMAS or WSCA government pricing
for information technology purchases
Recommendation
It IS determined to be In the best Interest of the City to waive the Informal bidding
process and authOrize the City Manager to sign and Issue a purchase order to Nth
Generation Computing Inc a HP certified vendor to acquire and Install the SANS
deVice
Prepared by
Mark Dennls~
Information & Communications Manager
Robert A Brady tJn.(l,
City Manager F
Approved by
Agenda Item No 13
Page 2 of 5
I EXHIBIT A
~.'."....ft Ca._.....""" Inct..
I Service and Technology to the NTH Degree
11/15/2007
I
IProject Number p9020
126
Toby Soto LAKEL
I
City of Lake Elsinore
I
130 S Main Sl
I
Lake Elsinore CA 92530
I
1 MSA Controller Shelf Model B
1 MSA 1000 Controller 256 cache ALL
2256MB Battery Backed Cache Module
1 MSA Model B Fibre Channel 1/0 Module
1 HP MSA30 S B Rack Model X CTO ChassIs
14 US 300GB 10k Ultra320 UNI Hard Drive
2 5 meter LC LC Multi Mode Fibre Channel Cable
2 HP StorageWorks 4/8 SAN SWitch
1 HP CP 3Y Support Plus 24
1 Support MSA30
2 Support HP FC SWitch Low End
1 HP MSA1500 Support
6 HP FC2143 4Gb PCI X 2 0 HBA
6 15m LC LC cable kit
8 HP 4GB SW Single Pack SFP Transceiver
$42 266 00
Install & Startup MSA Family
$3 500 00
Thank you for allowing NTH Generation to provide you with the above quotation Charges for sales tax shipping and Insurance
I
will be additional Please call us at 800 548 1883 If you require addllronallnformatlon or changes to this quotalron
I
This quotation IS the sole property of Nth Generalron Computing Inc and IS Intended as an offer to sell goods and services to
the client named In the quote This document may not be reproduced or prOVided to parties outSide of the client s organization
I
without written consent of Nth Generation Computing Inc
I
We look forward to working with you In the future'
I
Sincerely
17055 Cammo San Bernardo San Diego CA 92127 858-451 2383
FAX 858-673A8431d wwwothc911
gen a Item No 1;j
Page 3 of 5
EXHIBIT A
~,aU1:lIft eomll~ lIno.
Service and Technology to the NTH Degree
126
11/15/2007
Toby Soto
City of Lake Elsinore
1305 Main 5t
LAKEL
Lake Elsinore CA
92530
Casey Burke
Senior Account Manager
IIBest Way I
I
~
45 766 00
2 920 82
21670
$48 903 52
~INTH Generation
~ IUNDER REVIEW
~ &:11m
Extended payment terms upon credit approval
17055 Camino San Bernardo San Diego CA 92127 858-451 2383
FAX 858 673 8431 www nth con
Agenda Item No 13
Page 4 of 5
EXHIBIT B
Oty of lake ElsInore
2007 2012 Capttal Improvement Program
Project Descnptlon
Project ID No
Project Number
Project Type
GEN 0002
Storage Area Network Upgrade (SANS)
Descnptlon
The mcreasmg volume of GIS and related data reqUires Increased network system storage
and secure file management ThiS miSSIon cnbcal project would Integrate a SANS solution
WIth the CIty s eXlsbng servers and network to proVIde needed data storage and future
capacity For example due to ItS sIZe the City s digItal aenal data acqUlslbon (expected In
September 2006) can only be used and run WIth the addItion of thiS system
An orgamzauonal preparedness lnotlabve per the IT strategIC plan
Location
City Hall
')
Actual to
FundinG Source Date 2007/200~ 2008/200S 2009/20U 2010/201 2011/201" Total
105 General Fund $ 50000 $ 50 000
Total FundinG ~ $ SO 000 $ $ $ - $ $ 50.000
Actual to
Protect Costs Date 2007/20011 2008/2009 2009/2010 2010/2011 2011/201" Total
Desion
Env Perrrllt
R/W
Admin $ 50.000 $ SO 000
Construcbon Cost
ContJnaenrv
Other
Total Protect Costs $ $ 50.000 $ <t $ $ ~ 50.000
()
73
Agenda Item No 13
Page 5 of 5
CITY OF ~
LAIZE ,6,LSINOIU:
~~~ DREAM E,xTREMEN
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 20 2007
SUBJECT AUTHORIZATION FOR CITY MANAGER TO ENTER INTO A
CONTRACT WITH HDR, INC TO PREPARE CEQA COMPLIANCE
DOCUMENTS FOR THE PROJECT KNOWN AS "ONTERRA
HOLDINGS LLC" (PREVIOUSLY KNOWN AS BASTION
DEVELOPMENT)
Backaround
The City of Lake Elsinore serves as the lead agency to evaluate the environmental
Impacts of development projects proposed within the City The Community
Development Department IS responsible for the preparation of the necessary
Information and depending on the scope and size of the project will either prepare the
environmental documents In house or have a consultant prepare the documents and
studies The cost of preparing the environmental analysIs IS paid for by the project
applicant through the application fee process and cost recovery system
DIscussion
The project consists of a Single family reSidential development on a 15 acre site located
on the south side of Riverside Drive east of Grand Avenue Pursuant to the California
EnVIronmental Quality Act (CEQA) a determination on the appropriate type of CEQA
document Will be made by Staff upon completion of an Initial Study (IS) and supporting
technical studies Should the IS provide eVidence that all Impacts are less than
significant or can be mitigated to a level of less than significant a Mitigated Negative
Declaration (MND) Will be the appropriate CEQA document for the proposed project
However should the IS conclude that there would be potentially Significant Impacts that
cannot be mitigated an EnVIronmental Impact Report (EIR) Will be prepared
Due to the technical nature of thiS proposal staff With the concurrence of the applicant
has requested that HDR Inc prepare or contract to be prepared a Biological Technical
Report MSHCP Consistency Determination Cultural Resources Study Air Quality
Report NOise Report Recreational AnalYSIS and the appropriate CEQA documents for
Agenda Item No 14
Page 1 of 26
HDR/Onterra Holdings CEQA Contract
November 27 2007
Page 2
this project The proposed cost of prepanng the technical studies and environmental
documents IS not to exceed $89300 for the MND process or $149050 for the EIR
process
FlscallmDact
The cost of prepanng the environmental review will be paid by fees collected from the
applicant through the City s cost recovery program All staff administrative time and
consultant costs are paid from the applicant s fees There IS no cost to the City
Recommendation
Authonze the City Manager to enter Into a contract with HDR for the greater amount
associated with the EIR process for $149050 however the applicant should only be
required to deposit the amount associated with an MND ($89 300) until a CEQA
document determination has been made
PREPARED BY
.{J
Tom Weiner
Planning Manager
Robert A Bradyll ~
City Manager I\IA\V
APPROVED BY
ATTACHMENTS
1 VICinity Map
2 HDR Proposal Dated September 17 2007
Agenda Item No 14
Page 2 of 26
I
_____ J
VICINITY MAP
APN 379-070-007 & 008
MAP FOR WENDY WORTHEY
)y
Agenda Item No 14
Page 3 of 26
September 17 2007
Ms Lmda MIller
CIty of Lake Elsmore
Commumty Development Department
Planmng DIvIsIOn
130 South Mam Street
Lake Elsmore CA 92530
RE Proposal for PreparatIon of Callforma EnVIronmental QualIty Act
(CEQA) Comphance DocumentatIon Servlces-
BastIon Development (Lake Elsmore)
Dear Ms MIller
Selectmg HDR to prepare envIronmental documentatIOn for the BastIOn
Development Project WIll provIde the CIty of Lake Elsmore wIth a legally
defensIble document that addresses all Issues m an objectIVe faIr manner HDR Will
provIde the CIty wIth the followmg benefits
. A team that IS very expenenced wIth CIty of Lake Elsmore procedures and
pohcles thereby allowmg us to anticIpate your needs and follow City
procedures wIthout extensIve effort and trammg on your part
. A team that IS famlhar with the project vlcmlty and area commuDlty groups
faclhtatmg comprehenSIve accurate analysIs
. Expenenced staff that wIll get It done nght the fIrSt time'
Melyssa Sheeran wIll serve as Project Manager for thIS assIgnment and Will be
responsIble for leadmg the project team as well as provldmg oversIght for
preparatIOn and dehvery of work products She IS a responsIve results onented
project manager who wIll serve as the day to day contact wIth the CIty to ensure
smooth processmg ofthe IS/MND
Lloyd Zola Will serve as Pnnclpal m Charge provldmg QA/QC for HDR work
products and leadmg overall project strategy Lloyd has over 30 years expenence m
all phases of envIronmental documentatIOn and planmng The HDR CEQA
documentatIOn team has completed numerous successful reSidentIal projects wlthm
the CIty mcludmg AnnexatIon No 77 Tuscany HIlls Waterbury (East Lake
SpeCIfIC Plan Amendment No 8) and the Tessera Condommmms We possess
knowledge of CIty procedures and processes as well as knowledge of the project
area therefore resultmg m a faster environmental revIew process for the City Both
Lloyd and Melyssa WIll be avaIlable for scopmg meetmgs workshops and pubhc
heanngs
HDREnglOeenng I c
8690 B 100 A
S Ita 200
S D eg CA 92123
85lH128400
858-7128333 (fax)
Agenda Item No 14
Page 4 of 26
Ms LInda MIller
September 17 2007
Page Two
Please revIew the attached scope of work/fee proposal and contact Melyssa Sheeran
at 858 712 8349 If you have any questIOns or reqUIre further InformatIOn or
clanflcatlOn HDR IS prepared to begIn work ImmedIately on the CEQA
documentatIon effort upon receipt of notIce to proceed from the CIty of Lake
Elsmore
Smcerely
HDR ENGINEERING INC
#JL
~~)~~
Lloyd Zola
VIce PreSIdent
Melyssa Sheeran
EnVIronmental Project Manager
Attachments Scope of Work / Cost Proposal
Hourly Rate Schedule
General Terms and CondItIOns
HDREnglneeu 9 I
Agenda Item No 14
Page 5 of 26
Scope of Work
September 17 2007
Environmental Documentation for the Bastion Development
Project
On terra Holdmgs, LLC
City of Lake Elsinore Callforma
ThIS scope of work for preparatIon and processmg of an ImtIal Study (IS) and subsequent envIronmental
documentatIOn has been developed based upon mformatIon proVIded by Onterra Holdmgs LLC
(apphcant) A deterrmnatlOn on the appropnate type of CEQA document wIll be made by the CIty of Lake
Elsmore upon completIOn of the IS If the IS concludes that unavOIdable adverse Impacts would not result
from the proposed project or that adverse Impacts can be mIll gated to below a level of slgmficance a
NegatIve DeclaratIOn (ND) or a MIllgated Negallve DeclaratIOn (MND) would be the next appropnate
CEQA document However If the IS concludes that there are potenllally slgmfICant Impacts for whICh
mlllgatlOn cannot be Idenllfied an EnVIronmental Impact Report (EIR) would be the next appropnate
document ThiS scope of work mcludes optIOnal tasks for to address eIther scenano
Project Understanding
It IS our understandmg that Onterra Holdmgs LLC (Apphcant) has submItted a request to the Cay of
Lake Elsmore Planmng DlVlslOn for approval to begm constructIOn of an approxImate 15 acre smgle
family resldenllal development (proposed project) m the City of Lake Elsmore The proposed project
mcludes 97 lots from 4 600 to 4 800 square feet m sIze
For cost estimate purposes It IS assumed that the followmg documentatIOn and supportmg mformatlOn
wIll be prepared on behalf of the Apphcant under separate contract and proVided to HDR for review and
use m preparmg the EIR (as appropnate need hardcopy and electromc files for each)
. Project DescnptlOn (must mclude all project features sIte access hghtmg plan cut/fIll amounts
slgnage retammg walls etc)
. Assessor Parcel Numbers for the project sIte
. All DiscretIOnary ActlOnlEntlt1ement DocumentatIOn I e Planned Umt Development TentatIve
Map
. SIte Plan and Related DeSign InformatIon ( shp files If pOSSIble If not then AutoCAD)
. Landscape Conceptual Plan (AutoCAD) deSIgned usmg speCific City gUldehnes
. UtIl1ty Plan (AutoCAD)
. Water Supply/WastewaterTreatment AnalYSIS
. Architectural ElevatIOns and ArtIst Rendenngs
. Gradmg Plan
. Sae Photographs (needed for project descnptlOns and for vIsual Impacts analysIs If needed
should mclude a photo mdex showmg to/from dlrecllon of each photo)
. Development Agreement (If apphcable)
. Traffic Impact Report (Prepared by Alfred E Grover and ASSOCIates)
. Geotechmcal Feaslblhty InvestigatIOn (Prepared by Converse Consultants)
. Phase I EnVIronmental SIte Assessment (Prepared by HDR Engmeenng)
. Hydrology Report (Prepared by HuIll Zollars)
. Water QualIty Management Plan (Prepared by HUItt Zollars)
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Septe'J.!>~e^1tJ9PJm No 14
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Task 1 - Project Initiation/Coordination and Attendance at
Meetmgs/Hearlngs
All project ImliatlOn and coordmatlon actlvllies mcludmg attendance at meetmgs wIll occur under thIs
task ThIs task mcludes an allowance for up to 100 hours (Project Manager) of coordmatlOn efforts related
to the proposed project These hours wIll cover the IS phase of the project as well as the subsequent
CEQA segment (MND or EIR) ThIS task mcludes the followmg
. Coordmatlon wIth the CIty and ApplIcant to gather all necessary data and mformatlOn
. Development of appropnate level of detaIl and format for the document
. Coordmalion wIth project consultants and subconsultants
. IdentIfIcatIon of addItIonal data needs and I
. 40 hours of project manager lime at the followmg meetmgs one kIck off meetmg one project
coordmatlOn meetmg one Planmng CommISSIOn meetmg and one CIty CouncIl heanng HDR
WIll attend any addllional meetmgs beyond thIs allowance If requested and will mVOIce 10
accordance wIth current fee schedules followmg receIpt of wntten authonzatlon to proceed
Task 2 - Biological Technical Report
HDR wIll survey the entIre project sIte for bIOlogIcal resources pursuant to the Western RiversIde County
MultIple Species HabItat ConservatIOn Plan (MSHCP) Proposed servIces wIll mclude a general
bIOlogIcal survey wIth vegetatIOn mappmg habitat SUItabIlIty assessment wIldlIfe comdor/lInkage
assessment and federal/state JunsdlCtlOnal waters and wetlands delIneatIOn An MSHCP ConsIstency
Deterrmnatlon form wIll be prepared and submItted to the CIty of Lake Elsmore AddItIOnal servIces may
mclude focused specIes surveys and/or narrow endemIC plant surveys should assocIated sIgns or features
be detected at the tIme of the general bIOlogIcal survey Costs for these additIOnal servIces WIll be
presented to the CIty should resources be determmed present on the project sIte
Task 2 1
Literature ReView, Database Search, General Biological Survey
Vegetation Mapping, Habitat Assessment, and Wildlife
COrrldor/Lmkage Assessment
HDR wIll conduct a LIterature ReView to mclude SOIls CalIforma Natural DIverSIty Database (CNDDB)
form revIew and revIew of aenal photography BIOlogIcal mventones/mvesligatlOns prevIOusly
completed for the project sIte shall be proVIded by the project applIcant and revIewed by HDR HDR wIll
conduct a general bIOlogIcal survey mcludmg general botamcal and zoologIcal survey of the project sIte
vegetatIon commumty mappmg tree IdenlificatlOn/assessment habitat assessment and wIldlIfe
comdor/lInkage assessment IdenlificatlOn of senSItIVe habItat/specIes may requIre focused surveys not
outlmed 10 thIS proposal
Task 2 2
Peer ReView of JUrisdictional Wetland Delineation
HDR wIll peer revtew the results of the prevIOusly conducted JunsdlctlOnal wetland delIneatIOn for the
project sIte (Pnnclpe and ASSOCIates) HDR wIll confIrm whether the Pnnclpe and ASSOCIatIons
JunsdlctlOnal delInealion was conducted pursuant to current U S Army Corps of Engmeers and CalIfornIa
Department of FIsh and Game GUIdelInes and wIll IdentIfy reqUIred project permIts (mcludmg Clean
I Although not anticipated HDR IS aware that changed site conditions or regulatIOns occasIOnally result In the need
to amend the contract scope and costs HDR would coordmate any additIonal needs WIth both the City and Apphcant
for approval
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Septe?l.~e~bJ9PJm No 14
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Water Act SectIOn 404 Perrmt CalIfornia Department ofFish and Game SectIOn 1602 Streambed
AlteratIOn Agreement and State Water Resources Control Board SectIOn 401 Water QualIty
CertificatIOn) JunsdlCtIOnal boundanes wlthm the Impact area of the project site will be venfied based
upon three parameters hydrology vegetatIOn and soils The locatIOn/extent of non wetland Waters of
US will be venfled based upon a representative sample of the affected dramages on the project site (as
mdlcated 10 the Pnnclpe and Associates report) Note HDR assumes that the results of the Pnnclpe and
Associates wetland delmeatIOn are valId and will not reqUIre addllional wetland transects Any factual
errors or changes to eXlstmg cond1ll0ns will be noted by HDR 10 the confirmatIOn letter report prepared
for the project applIcant and City
Task 2 3
Western Burrowing Owl Survey
Per the MSHCP the project site may contam habitat sUItable to support populatIOns of western burrowmg
owls Based upon the habitat assessment performed as part of Task 2 1 HDR will conduct focused
surveys for the western burrowmg owl dunng the appropnate season The focused surveys shall be
conducted 10 accordance with the Burrowmg Owl Survey InstructIOns for the Western Multiple SpecIes
Habitat Conservation Plan Area (March 2006) Should populatIOns of western burrowmg owl be
determmed present on the project site appropnate mlligatIOn and/or aVOidance measures Will be
prescnbed HDR Will prepare a stand alone report documentmg the results of the focused surveys Note
Should the results of Task 2 I mdlcate that the project site does not contam sUItable western burrowmg
owl habitat Task 2 3 will not be completed and the overall value of the contract Will be reduced
accordmgly
Task 2 4
MSHCP Consistency Determination
Per the MSHCP the project site IS not located wlthm a cntena cell HDR Will prepare the necessary
Consistency DetermmatIOn form for submissIOn to the City of Lake Elsmore
Task 2 5
Biological Techmcal Report
HDR Will prepare a stand alone BIOlogical Techmcal Report (BTR) mcluslve of the results from all
assessments noted 10 Tasks 2 1 through 2 4 above as well as a summary of eXlstmg conditIOns
descnptlons of data collectIOn methodologies mventones of habitats/species located on the project site
the potential for sensllive species to occur on the project site Impacts associated with ImplementatIOn of
the proposed project and IdentificatIOn of feasible mlligatIOn and/or aVOidance measures The BTR shall
be prepared 10 complIance with reportmg reqUIrements pursuant to the MSHCP and City of Lake Elsmore
and mclude full color graphiCS deplctmg bIOlogical resources (as necessary) Appendices to the BTR
shall mclude field notes site photographs and MSHCP Consistency DetermmatIOn forms (outlmed 10
Task 2 4) Costs mclude mternal document QNQC word processmg and document admmlstratIOn and
GIS support for graphics/photographs HDR assumes a smgle reVlSlon to the BTR Will be necessary
based upon comments received from the lead agency
Task 2 6
Coordination Meetings
HDR has assumed a total of 20 hours for coordmatIOn meetmgs (or conference calls) With the project
team 10 addllIOn to the coordmatIOn mcluded 10 Task 1 Team members mclude the City of Lake Elsmore
the applIcant County of Riverside publIc resource agencies and other consultmg firms/resource experts
Add1l10nal meetmg requests/services shall be prOVided on a lime and matenals baSIS HDR has allocated
four hours for each meetmg (mcludmg preparalion time travel and follow up aclions)
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SeptenJegkh7d~9~~m No 14
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Dellverables
. Letter report confmnmg the results of the Pnnclpe and ASSOCiates wetland delineatIOn (I hard
copy I electromc copy)
. Western Burrowmg Owl Focused Survey Report (5 hardcoples lelectromc copy)
. Consistency DetermmatlOn form (I hardcopy I electromc copy)
. BIOlogical Techmcal Report (5 hardcoples I electromc copy)
Task 3 - Cultural Resources Report
HDR s subconsultant ASM Affiliates will prepare a cultural resources study for the project site under the
followmg scope
Task 3 1 Cultural Resources Study
ASM will conduct a study conslstmg of a review of literature and site records on file w1lh the Eastern
InformatIOn Center (EIC) at UC Riverside followed by an mtenslve survey of the entire project site In
accordance with County gUidelines ASM will procure the services of a Native Amencan mom tor dunng
the fieldwork phase of the cultural resources survey A sacred lands record search will also be undertaken
w1lh the Native Amencan Hentage CommissIOn
All eXlstmg and newly Identified prehlstonc and hlstonc archaeological sites features and Isolates
Identified dunng the survey will be appropnately mapped documented and recorded with the EIC for
assignment of permanent tnnomlals If potentially slgmficant sites are Identified evaluatIOn may be
necessary and the scope of such work would not be covered under thiS task Upon completIOn of the
survey a draft techmcal report shall be prepared and subnutted for review The report Will mclude the
project descnptlOn natural and cultural settmg study methods results potential Impacts and mitigatIOn
recommendatIOns Followmg comments ASM will revise the report to produce a fmal report
Task 3 2
Senate 811118 Native Amencan Consultation
Senate Bill 18 (SB 18) Signed mto law by Governor Arnold Schwarzenegger m September 2004 reqUires
Cities and counties to notify and consult With California Native Amencan Tnbes about proposed local
land use planmng declSlons for the purpose of protectmg TraditIOnal Tnbal Cultural Places ( cultural
places ) Startmg on March I 2005 cilies and counties were reqUired to send their general plan and
speCific plan proposals to those California Native Amencan Tnbes that are on the Native Amencan
Hentage CommissIOn s (NAHC) contact list and have traditional lands located wlthm the city or county s
JunsdlctlOn AdditIOnally after March I 2005 cIties and counties were also reqUired to conduct
consultatIOns With these Tnbes pnor to adoptmg or amendmg their general plans or speCifiC plans
The project mcludes a Planned Umt Development and General Plan Amendment proposed after March I
2005 Therefore It IS subject to the consultation reqUirements Identified m SB 18 Under thiS task ASM
Will conduct a sacred lands records search With the NAHC NAHC will proVide a list of recommended
Tnbes to contact On behalf of the City HDR will prepare and dlstnbute Tnbal notificatIOn letters to the
Tnbes on the NAHC list In the event that Tnbes request consultatIOn the consultatIOn would occur
between the City and the Tnbal representative
Dellverables
. Cultural Resources techmcal report (3 hard copies I electromc copy)
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Septe~~e~ttJ9PJm No 14
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Task 4 - Air Quality Report
HDR s subconsultant Urban Crossroads Will prepare an aIr quahty Impact report for the project as
detaIled In the follOWIng scope
Task 4 1
EXisting Conditions AnalysIs
Urban Crossroads wIllldenllfy the eXistIng aIr quahty settIng In the area IncludIng nearby raIlroad
acllvlty and obtaIn eXIstIng aIr quahty data from aIr quahty momtonng stallons WIthIn the study area
utlhzIng South Coast AIr Quahty Management Dlstnct (SCAQMD) data sources Data WIll be obtaIned
for aIr pollutants IncludIng ozone carbon monoxide mtrogen dIOXIde PartIculate Matter (PM)lO and
PM25 Urban Crossroads Will also IdentIfy local WInd patterns USIng SCAQMD and CARB data sources
and prepare a WInd rose exhIbIt depIctIng prevaIlIng WInd patterns for the project vlclmty FInally Urban
Crossroads wIllldenllfy apphcable rules plans and thresholds of slgmficance
Task 4 2
Short Term Construction EmiSSions Estimate
Urban Crossroads WIll evaluate emISSIOns associated WIth constructIOn acllvllles which may Include
demohtlOn Import/export of fIll dIrt mass gradIng etc They wIll perform constructIOn locahzed
slgmficance threshold (LST) analYSIS as recommended by the SCAQMD VersIOn 3 of the U S EP A
approved aIr qualIty model called the Industnal Source Complex (ISC3) WIll be used to calculate
localIzed emISSIOns as they relate to eXIstIng or prospectIve senslllve receptors In the project area
Task 4 3
Long Term Operational EmiSSions Estimate
Urban Crossroads WIll analyze operatIOnal emISSIOns for the proposed project based upon tnp generatIOn
projectIons prOVIded as part of the traffic study Peak hour tnps Will be used along WIth esllmates of the
types of tnps generated and average travel speeds to estimate daIly emIsSIons generated by the project In
addlllon emiSSIons from other operatIOnal sources such as heaters aIr conditIOners water heaters
consumer products and lawn care eqUipment wIll also be conSIdered Urban Crossroads wIll perform
operatIOnal LST analYSIS as recommended by the SCAQMD The ISC3 model wIll be used to calculate
localIzed emISSIOns as they relate to eXIstIng or prospectIve senSitIVe receptors In the project area A
carbon monOXIde (CO) hot spot analysIs of future condlllons at key IntersectIOns located In the project
study area Will be prepared In accordance With the SCAQMD reqUirements as descnbed In theIr CEQA
AIr QualIty Handbook (1993) This analYSIS WIll hkely reqUire the use of the CALlNE4 computer
dIsperSIOn model to esllmate pollutant concentratIOns adjacent to roadwaYS/IntersectIOns
Task 4 4
Greenhouse Gas EmiSSions Evaluation
Government and pubhc awareness concernIng greenhouse gas enusslOns (GHG) and theIr effects on
Global Clllnate Change (GCC) IS SIgnIfIcantly IncreaSIng SIgned by Governor Schwarzenegger In 2006
Assembly BIll (AB) 32 assIgns the CARB the task of developIng regulatIOns on how the state would
address GCC As a result the State Attorney General and some environmental groups are requestIng
larger regIOnal projects analyze Impacts on GCC and GHG as part of the CEQA process
However CARB the Cahfornla EP A the U S EP A or other regulatory organIzatIOns have yet to
develop gUldehnes for assessIng a project s GHG contnbutlOns to GCC WIthout gUidance by pubhc
agencIes In the form of thresholds or recommended methodologIes larger land development projects In
southern Cahfoffim have been subject to challenge for falhng to Include an analYSIS of GHG emISSIOns In
the project EIR (I e Center for BIOlogIcal DIVerSIty vs CIty of Banmng and State of California v San
Bernardmo County) In response to the current lack of thresholds or defIned analYSIS methodology the
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Septer~!I~&htlaqPJm No 14
Page 10 of 26
ASSoCIatIOn of Environmental ProfessIOnals (AEP) has publtshed a set of mtenm approaches for CEQA
practItIoners to utIltze when consldenng GHG emiSSIOns and GCC untIl the publtcatlOn of regulatory
standards and thresholds occurs
This task would Identify the presence of GHGs defined wlthm AB 32 as carbon dioXide methane nItrous
oXide hydroflourocarbons perflourocarbons and sulfur hexafluonde In addItIOn the analysIs Will
IdentIfy project deSign features and mitIgatIOn measures which have the potential to reduce cntena
pollutant and GHG emiSSIOns
Lastly the analYSIS Will proVide a diSCUSSIOn of appltcable CARB Early ActIOn Measures that have the
potential to further reduce GHG emiSSIOns The diSCUSSIOn of recommended Early ActIOn Measures wIll
be based on a thorough review of site data and a compIlatIOn of appltcable mdustry standard sources of
GHG reductIOn approaches
Task 4 5
Air Quality Report
Urban Crossroads Will prepare an aIr qualtty report documentmg the results of Tasks 4 I through 4 4 The
report Will defme appropnate and feaSible mitIgatIOn measures to reduce any Significant Impacts related
to air qualtty found 10 the analYSIS per City s gUldelmes Urban Crossroads wIll respond to City comments
and revise the report as necessary (up to one review cycle)
Dellverables
. Air Qualtty AnalysIs (3 hard copies 1 electrOnIC copy)
Task 5 - NOise Report
Under OptIonal Task D HDR s subconsultant Urban Crossroads Will prepare nOIse Impact report for the
project as detailed 10 the followmg scope
Urban Crossroads Will quantIfy the ambient nOIse level based on short term sound level measurements
taken at up to four locatIOns on site Urban Crossroads wIll develop eXlstmg traffiC nOIse contours and
denve the future project nOIse contours at up to 30 roadway segments 10 the project study area They Will
conduct a comparison of the WIth and Without project nOIse contours to calculate the future project
contnbutlOns Urban Crossroads wIll also IdentIfy potential mtenor nOIse Impacts and Impacts to and
from adjacent uses Urban Crossroads wIll summanze the results of the study 10 a nOIse Impact report
addressmg potential nOIse Impacts associated With the development and proVide recommended mitIgatIOn
measures
Dellverables
. NOIse AnalYSIS (3 hard copies I electromc copy)
Task 6 - Recreational AnalYSIS
At request of the City HDR Will conduct an analYSIS of the recreatIOnal Impacts of the proposed project
HDR understands the proposed project could restnct publIc access to the eXlstmg Elsmore Wesl Manna
boat launch HDR Will use secondary mformatlOn prOVided by the City s Lake and AquatIc Resources
Department to assess the project s Impact on the loss of recreatIOnal land HDR wIll also determme the
economiC value of the lost recreatIonal land and whether It wIll mterfere With the City s ablltly to proVide
additIOnal services to lake users HDR wIll prepare a RecreatIOnal AnalYSIS report mcludmg a summary of
the project s Impacts and appropnate mitigatIOn If warranted
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Septe?\~ll~lrJ9PJm No 14
Page 11 of 26
Delzverables
. RecreatIOnal AnalysIs (3 hard copies 1 electromc copy)
Task 7 - Initial Study
HDR will prepare an IS checkhst pursuant to SectIOn 15060 15065 of the CEQA GUldelmes and City of
Lake Elsmore CalIfornia EnVironmental QualIty Act (CEQA) Implementmg procedures and
reqUIrements Based upon mformatIon proVided by the ApplIcant and the City HDR will perform a
QualIty Assurance/QualIty Control on the checklIst and then fmalIze the IS ThiS Will mvolve a
determmatlOn that all necessary mformatlOn has been prOVided m the IS and that the document IS
appropnate for publIc review
PreparatIOn of the IS will be based on eXlstmg aVailable publIc mformatlOn techmcal studies prepared by
others and techmcal studies prepared under Tasks 2 6 The IS will (I) descnbe the proposed project and
any related off site mfrastructure Improvements (2) document the environmental conditions on the project
site for a vanety of factors (3) determme the level of Impact to onslte environmental resources If any
and (4) make the CEQA mandated fmdmgs
Delzverables
. Draft ImtIal Study (3 hard copies 1 electromc copy)
HDR will revise the Draft IS to mcorporate City comments The IS will prOVide the determmatlOn of the
appropnate CEQA document If the IS mdlcates that a MND IS the appropnate document then Task 8
would be applIcable If the IS mdlcates that an EIR IS the appropnate CEQA document then Task 9
would be applIcable as shown m the graphiC below
Environmental Process
.
T
'"
81 dy
T k1
T
,
R P ,
C mm Is!
F IMNDI
MMRP
R P
C mm Is!
fiERI
MMRP
PI 9
C mm nI
Clre t
(n T k11
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Septe'Wgeh'bJ9?Jm No 14
Page 12 of 26
Task 8 - Preparation of MItigated Negative Declaration
If the Clly concludes that based on the ImtIal Study all Impacts generated by the proposed project may be
reduced to below a level of slgmflcance then HDR wIll prepare a MitIgated NegatIve DeclaratIOn
(MND)
Task 8 1
Mitigated Negative Declaration
HDR wIll prepare an MND to accompany the IS Three copies of the Screencheck Draft MND Will be
subnutted for CIty and ApplIcant review Followmg Clly review of the MND HDR wIll finalIze the
MND and mcorporate necessary changes HDR assumes that changes wIll be mlmmal due to early
consultatIOn With the City and prevIOus review of techmcal reports by HDR and CIty personnel HDR
assumes that 75 copies of the Draft IS/MND WIll be reqUIred for dlstnbutlOn HDR Will prepare the
IS/MND for public circulatIOn and review and transmIt the reqUIred copies to the State Cleannghouse
and agencies on the City s d,stnbutlOn list HDR wIll also prepare/dlstnbute the NotIce of Intent to Adopt
(NO!) contammg a diScussion of the project descnptlOn and CEQA reqUIrements and the Notice of
CompletIOn (NOC) for transmittal to the State Cleannghouse
Task 8 2
Response to Comments and FlnaIIS/MND
Under thiS task HDR Will review and address comments receIVed on the Draft IS/MND For the purposes
of thiS proposal HDR has assumed 40 hours of staff tIme to respond to comments In the event that the
publIc comments on the IS/MND are greater than expected HDR would meet With the City to develop
adjustments to the work program as necessary
HDR Will submll three adnumstratIve drafts mcludmg response to comments of the Fmal IS/MND for
City and ApplIcant review Upon approval 24 final copies Will be submitted to the City for Planmng
CommiSSIOn and City CouncIl meetmgs
Task 8 3
Mitigation MOnitoring and Reporting Program Preparation
Should nutlgatlOn measures be proposed HDR wIll prepare a MItIgatIon Momtonng and Reportmg
Program (MMRP) and matnx m table format for submIttal to the City and ApplIcant after comments have
been received at the close of the publIc review penod The MMRP Will contam a compilatIon of
mitIgatIOn measures IdentIfied m the MND These mitIgatIOn measures and the establIshed MMRP wIll
be fully consistent With City poliCies and programs and Will meet the reqUIrements of SectIon 21081 6(a)
of the Public Resources Code
Dellverables
. Screencheck Draft MND (3 hard copies I electrOnIC copy)
. Draft IS/MND (75 hard copies I electromc copy)
. NotIce of Intent to Adopt an MND (I electronIC copy)
. Notice of CompletIOn (I electromc copy)
. Draft Fmal IS/MND mcludmg Response to Comments and MMRP (3 hard COpieS I electronIC
copy)
. FmaIIS/MND mcludmg Response to Comments and MMRP (24 hard copies I electrOnIC copy)
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Septe?i.~e~ltJ~PJm No 14
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Task 9 - Preparation of an Environmental Impact Report
If the CIty concludes that based on the ImtIaI Study the project would result In slgmficant and
unmItIgated Impacts then HDR WIll prepare an EnVIronmental Impact Report (ErR)
Task 9 1
Notice of Preparation
HDR wlll prepare a NotIce of PreparatIOn (NOP) for a Draft ErR (DEIR) to accompany the IS FolloWIng
CIty review of the IS/NOP HDR w1l1 fInahze the IS/NOP and Incorporate necessary changes HDR
assumes that changes w1l1 be mImmal due to early consultatIon WIt the CIty and prevIous reVIew of
techmcal reports by HDR and CIty personnel HDR assumes that 75 copIes of the IS/NOP WIll be
reqUIred for dIstrIbutIon HDR wIll prepare the IS/NOP for pubhc circulatIOn and revIew and transmIt the
reqUIred copies to the State Cleannghouse and agencIes on the CIty s dlstnbutlOn hst HDR wlll also
prepare the NotIce of CompletIOn (NOC) for transmIttal to the State Cleannghouse The IS/NOP WIll be
CIrculated for a 30 day pubhc/agency revIew to sohclt comments regardIng the scope of the DEIR All
NOP response Issues receIved dunng the pubhc revIew penod w1l1 be evaluated In the DEIR
Task 9 2
Scopmg Meetmg
AccordIng to SectIon 15206 of the CEQA GUIdelInes the proposed project meets the cntena for projects
of stateWIde regIOnal or area wIde slgmficance Therefore pursuant to SectIOn 15082 (c) (1) of the
CEQA GUldehnes HDR w1l1 assIst the CIty WIth facllltatIng a SCOpIng meetIng WIth ResponSIble
AgenCIes and local reSIdents SpeCIfically HDR w1l1 reVIew and modIfy the CIty s malhng hst If
necessary and mall letters to relevant ResponSIble AgenCIes notIfYIng them of the SCOpIng meetIng The
CIty wlll be responSIble for notIfYIng the reSIdents of the SCOpIng meetIng HDR will also prepare two
dIsplay boards and prepare for and attend the meetIng to answer questIons ThIS meetIng WIll occur pnor
to CIrculatIon of the DEIR for pubhc reVIeW
Task 9 3
Draft Environmental Impact Report
The DEIR wIll be prepared In accordance WIth SectIons 1508015097 of the CEQA GUldehnes and wIll
Include all CEQA and CIty reqUIred sectIOns EnVIronmental analYSIS wIll cover the proposed
development on the project sIte Each envlfonmental factor wIll be evaluated for eXIstIng condItIOns
project Impacts level of slgmficance of project Impacts cumulatIve Impacts level of sIgmflcance of
cumulatIve Impacts mItIgatIOn measures and level of slgmficance With mItIgatIOn measures
Incorporated
The folloWIng prOVIdes a bnef dISCUSSIOn of the work to be undertaken for each of the key sectIOns In the
DEIR (unless Impacts were concluded to be less than SIgnIfIcant In the ImtIal Study)
SectIon 1 0 - IntroductIOn and ExecutIve Sunuuary The IntroductIOn wIll be based on the
InformatIOn Included In prevIOus documentatIOn (If apphcable) and Include InformatIon regardIng the
purpose of DEIR and procedural InformatIOn ThIS sectIon IS also Intended to proVIde a qUIck
understandIng of the proposed project s predIcted Impacts and nutIgatlOn measures It wIll IdentIfy In an
overview fashIOn the proposed project under consIderatIOn and ItS objectIves IncludIng any deSIgn
features that WIll be Implemented ThIS sectIOn wIll bnefly dISCUSS the envIronmental Impacts assOCIated
WIth project ImplementatIOn (whether benefiCIal or adverse sIgmflcant or less than slgmfICant)
SectIon 2 0 - Project DescrIptIon The project descnptIon WIll be based on InformatIOn proVIded by the
Apphcant and CIty and WIll Include the proposed project locatIOn and settIng sIte charactenstIcs project
objectIves and the charactenstlcs of the project IncludIng techmcal studIes conducted for the project
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Septe~geh'baqPJm No 14
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ThIS sectIOn wIll also Include the requested permIts enlltlements and approvals needed for the project
TransmIttal of all enlltlement documentallon to HDR In a llmely manner IS crucIal to meetIng establIshed
envIronmental document preparatIOn and processIng schedules
Secllon 3 0 - RegIOnal Environmental Settmg This sectIOn will provIde an overvIew of the
envIronmental and junsdlctlOnal SellIng for the proposed project An analysIs of the major envIronmental
charactenstlcs and surroundIng land uses wIll be presented along wIth a dISCUSSIon of the past present
and reasonably foreseeable future projects and actlVIlles In the surroundIng areas that WIll serve as the
basIs for the cumulallve Impact analysIs ThIS regIOnal envIronmental SellIng WIll conslltute the general
baselIne of phYSIcal condlllons by whIch the CIty determInes an Impact to be slgmflcant
Section 4 0 - EnVIronmental Impact Analysis For each potenllally slgmflcantlssue Idenllfled In the
ISINOP thIS sectIOn of the EIR WIll Include a dIscussIOn of the project specIfic envIronmental sellmg
slgmficance thresholds project Impacts mlllgatlOn measures cumulatIve Impacts and the level of
slgmficance after nnllgatlOn The assessment of Impacts WIll be consIstent wIth CEQA reqUIrements and
WIll ulllIze defined thresholds of slgmficance to determIne the Impacts of the proposed project It IS
assumed that the majonty of the envIronmental Issue areas WIll be dIscussed based upon InformatIOn from
a techmcal study provIded by the ApplIcant or prepared as part of Tasks 2 through 5 The followmg IS an
overvIew of the approach to the key envIronmental Issues that mIght need to be addressed In an EIR for
the project
Aesthetics - HDR WIll prepare an EIR sectIon whIch analyzes the project s Impacts on scemc
resources and vistas AddItIOnally thIS sectIOn of the EIR WIll address the vIsual character of the
project sIte and surroundIngs as well as lIghtmglglare Issues Any slgmflcantly altered vlewsheds
wIll be descnbed and mlllgatlOn measures developed to reduce any Impacts to less than slgmflcant
Should vIsual sImulatIOns be warranted these would be prepared under a separate authonzatlOn
wIth the CIty at the ApplIcant s cost
Air Qualzty - HDR WIll Incorporate the findIngs of the aIr qualIty techmcal report prepared by
Urban Crossroads under Task 4 The eXIstIng aIr baSIn wIll be descnbed and county state and
federal mandated slgmflcance thresholds WIll be documented Project related emISSIOns
(constructIOn operatIOn and specIal event) WIll be documented for each proposed land use and a
CO hot spot analysIs wIll be run In Task 4 MItIgatIOn measures wIll be proposed In response to
conclusIOns of potenllally slgmficant project Impacts
BIOlogIcal Resources - HDR wIll Incorporate the fIndIngs of the blOloglcaltechmcal report
prepared under Task 2 The DEIR WIll Include a dISCUSSIOn of eXIstIng on sIte bIOlogIcal resources
IncludIng threatened and endangered specIes senSlllve habItat and state and federal regulatory
agency resources The project s consIstency wIth the Western RIverSide County MSHCP WIll also
be dIscussed The potentJallmpacts to bIOlogIcal resources as a result of the project wIll be
documented MItIgatIOn measures WIll be proposed In response to conclusIOns of slgmficant
project Impacts If applIcable
Cultural Resources and PaleontologIcal Resources -HDR wIll Incorporate the fIndIngs of the
cultural resources study and paleontologIcal resources record search to be prepared under Task 3
by ASM The DEIR WIll Include a summary of the records searches and field reconnaIssance The
DEIR WIll Idenllfy project related Impacts to cultural and paleontologIcal resources and mItIgatIOn
measures WIll be developed If reqUIred
Hydrology/Water Qualzty - HDR Will revIew the HydrologylHydraulIc Report and Water QualIty
report prepared by the ApplIcant The revIew WIll venfy that the HydrologylHydraulIc Report
IdentIfICS the follOWIng features evaluatIOn of 100 year flood plaInS dam InundatIOn areas
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eXlstmg Q50 runoff volumes post development hydrology condItIOns and any reqUIred mItIgatIOn
measures ReVIew of the Water QualIty report wIll venfy that It mcludes Best Management
PractIces Best AvaIlable Technology and Best ConventIOnal Technology HDR wIll mcorporate
the fmdmgs of both of these reports mto the DEIR sectIOn If applIcable nutIgatlOn measures WIll
be IdentIfied to reduce Impacts to below a level of sIgnIficance
Land Vse - EXlstmg on site and surroundmg land uses as well as General Plan and zonmg
deSIgnatIOns wIll be documented ThIs sectIOn wIll dISCUSS the uses Identified for the project sIte
under the proposed Planned UnIt Development ConsIstency wIth the applIcable goal polIcIes and
lmplementmg strategies of the General Plan will be analyzed If applIcable mItIgatIOn measures
WIll be IdentIfIed to reduce Impacts to below a level of signIficance
NOIse - HDR wIll mcorporate the fmdmgs of the nOIse Impact analysIs to be prepared by Urban
Crossroads under Task 5 The nOIse analysIs wIll address the acoustIcal envIronment on and
surroundmg the proposed project sIte and mandated SIgnIficance thresholds wIll be documented
Project related nOIse generatIon wIll be documented and graphIcally depIcted MItIgatIOn measures
wIll be mcluded to mItIgate any potentIally SIgnIficant adverse Impacts to less than SIgnIfIcant
levels
PopulatIOn and Houszng - HDR wIll prepare a populatIOn and housmg sectIOn of the EIR ThiS
sectIOn will charactenze the eXlstmg populatIOn and housmg mforrnatlOn for the project area
through the use of census and SCAG data ThIS EIR sectIOn wIll also IdentIfy populatIOn and
housmg mcreases that would be assocIated WIth the project and provIde feasible mItIgatIOn
measures If necessary
Publtc ServIces and Vult tIes - ThiS sectIOn of the DEIR will proVIde documentatIOn of eXlstmg
publIc servIces whIch would serve the project These mclude water wastewater treatment solId
waste electnclty natural gas school services polIce protectIon fIre protectIOn recreatIOn and
lIbrary servIces HDR wIll prepare and dlstnbute servIce avaIlabilIty letters Project related Impacts
to each publIc servIce and utIlIty WIll be documented Appropnate mItIgatIOn measures wIll be
IdentIfied to reduce the Impact of the project on servIces provIders and CIty mfrastructure If
necessary Due to the proposed number of reSIdentIal UnIts (93) a Water Supply Assessment Will
not be reqUIred for the project
RecreatIOn - HDR understands the proposed project could restnct publIc access to the eXlstmg
Elsmore West Manna Relymg upon the RecreatIOnal analYSIS conducted m Task 6 thiS sectIOn
Will descnbe the loss of recreatIonal land and ItS economIC value to the city Appropnate mItIgatIOn
measures wIll be IdentIfied to reduce the Impact of the project on recreatIOnal resources If
necessary
TransportatlOn/Jraffic - HDR wIll mcorporate findmgs from a traffic report prepared by Albert
Grover & ASSOCIates The DEIR sectIOn Will document eXlstmg traffic and CirculatIOn condItIOns m
the vlcmlty of the proposed project and project related traffic/circulatIOn Impacts (constructIon and
operatIOn) If applIcable feaSIble mItIgatIOn measures wIll be mcluded to reduce potentIally
SIgnIficant traffic Impacts
Section 5 0 - Project Alternatives AlternatIves wIll be establIshed m dISCUSSIons among HDR the
Cay and the ApplIcant early m the process For the purposes of thIS proposal a total of two alternatIves
m additIOn to the mandatory no project alternatIve Will be conSidered m thIS sectIOn of the DEIR It IS
assumed that that the alternatIves wIll mclude redeSIgn or reductIOn m the project s mtenslty (e g
reduced footpnnt) to address potentIally SIgnIfIcant Issues For each alternatIve a descnptIon of the
alternatIve consIderatIOn of the alternatIve s feaSIbIlIty m relatIOn to the proposed project s baSIC
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objectives and a comparallve analysIs of the environmental Impacts attnbutable to the alternallve versus
those associated with the proposed project for each of the environmental categones discussed above will
be prOVided ConsideratIOn of any further alternatives whICh may be reqUIred will reqUIre modificatIOns
to the project budget
Section 6 0 - EnVIronmental Effects Found Not to be Slgmficant ThiS sectIOn Will prOVide an
overview of the envlronmentaJ Issue areas that were determmed to be less than slgmflcant dunng the
lmllal Study process
Section 7 0 - Growth Inducmg Impacts HDR will prepare thiS CEQA reqUIred analysIs sectIOn If
needed dependmg upon changes m density and land uses
SectIOn 8 0 - Inventory of UnaVOidable Adverse Impacts HDR will prepare thiS CEQA reqUIred
analysIs section which Will disclose any slgmflcant and unmlllgated Impacts that may result from the
project
Section 9 0 - Slgmficant IrreverSible Changes HDR Will prepare thiS CEQA reqUIred analysIs sectIOn
whICh will disclose any slgmficant lITeverslble environmental change that may result from the project
Section 10 0 - Persons and Orgamzatlons ConsultedlReferences HDR will prepare thiS sectIOn of the
EIR to document all persons and sources that contnbuted to the environmental analYSIS
Screencheck DEIR
HDR will sub1ll1t up to SIX copies of the Screencheck DEIR for City and Applicant review
Followmg City and Applicant review of the Screencheck DEIR HDR Will prepare the DEIR that
mcorporates finaJ changes as approved by the City HDR assumes that changes Will be 1ll1mmal due to
early consultatIOn With the City and Applicant and prevIOus approval of techmcal reports by City
personnel Should addlllonal copies of the screencheck be requested a supplementaJ cost estimate Will be
prepared HDR assumes that 75 copies (hardcopy) of the DEIR and techmcaJ appendices (on CD) Will be
prOVided for dlstnbullon HDR Will prepare the Nollce of Completion to be dlstnbuted aJong With public
circulatIOn of the DEIR and Will assist m trans1ll1ttmg the reqUIred copies to the State Cleannghouse and
revlewmg agencies
Task 9 4
Response to Comments/Fmal EIR/ CEQA Flndmgs
Near the conclUSIOn of the public review penod HDR Will obtam all comments received on the DEIR
After consultatIOn With City and the Applicant HDR Will prepare the Admlmstratlve Fmal EIR (FEIR)
An Admmlstratlve FEIR contammg proposed responses to comments and reVISIOns to the DEIR Identified
from review comments Will be prepared once all comments are received Because It IS difficult to predict
public reacllon to the EIR for the purposes of thiS proposal a contmgency esllmate IS proVided In the
event that the public comments on the DEIR are greater than expected HDR would consult With the City
to develop adjustments to the work program as necessary ReVISIOns to the text Will be addressed m a
CorrectIOns and Addlllons secllon of the FEIR Up to SIX copies of the Admmlstrallve FEIR Will be
subm1lled to the C1ly and Applicant for review
Upon mcorporatlOn of one round of comments on the Admmlstrallve FEIR HDR Will prepare the FEIR
and CEQA Fmdmgs for submittal to the City The FEIR and Fmdmgs Will be presented at the City
Plannmg CommiSSIOn and the City CounCil meetmgs Responses to Comments Will be dlstnbuted to
responders at least ten days pnor to City Council approval Upon certificatIOn of the FEIR HDR Will file
the Nollce of DetermmatlOn HDR Will submit 24 copies each of these fmaJ documents to the City
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Task 9 5
Mitigation MOnitoring and Reporting Program
HDR will prepare a draft MIllgatlOn Momtonng and Reportmg Program (MMRP) for submittal wIth the
FEIR The MMRP will contam a compilatIOn of mlllgatlOn measures presented m the EIR These
mlllgatlOn measures and the established MMRP will be fully consistent With City policIes and programs
and will meet the reqUirements of SectIOn 21081 6(a) of the Califorma Public Resources Code The draft
MMRP will be revised and fmalized based upon one round of City comments HDR will submIt 24 caples
of the MMRP to the City
Deltverables
. Draft IS/NOP (75 hard copIes 1 electromc copy)
. Nollce of CompletIOn for IS/NOP (1 electromc copy)
. Project Display Boards for Scopmg Meetmg (2 hard copies)
. Screencheck DEIR (6 hard caples 1 electromc copy)
. DEIR (75 hard copies With techmcal appendIces on CD 1 electromc copy)
. AdmlmstratlVe FEIR mc1udmg Response to Comments (6 hard copies 1 electromc copy)
. FEIR mc1udmg Response to Comments (24 hard caples 1 electromc copies)
. CEQA Fmdmgs (1 electromc copy)
. MMRP (24 hard copies 1 electromc copy)
. Nollce of DetenmnatlOn (1 hard copy 1 electromc copy)
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Schedule
Techmcal reports WIll reqUIre approxImately 6 weeks for preparatIOn after the NotIce to Proceed IS gIven
PreparatIOn of the air qualIty and nOIse reports can not begm pnor to the receIpt of a CIty approved traffic
Impact analysIs Once these reports are revIewed and approved by the CIty HDR will prepare the IS A
screencheck draft of the IS wIll be submIlled four weeks from receIpt of all techmcal reports and
supportmg project descnpl10n documentatIOn Once the IS IS prepared It IS esl1mated that the CIty and
applIcant would reqUIre two weeks to revIew and provIde comments resultmg m a 12 week process for
techmcal report and IS preparatIOn If the CIty determmes that an MND IS the next appropnate document
as descnbed m Task 8 the process would take an addItIOnal 13 weeks (mc1udmg a 30 day publIc revIew
penod) If the CIty detenmnes that an EIR IS the next appropnate document as descnbed m Task 9 the
process would take an addlllonal 33 weeks The schedule IS broken down by task accordmg to each optIOn
below
Schedule (Initial Studyl MItigated Negative Declaration)
The followmg schedule depicts the IS/MND preparatIOn and review process schedule
TASK DURATION
1 Projectlnlt'allOn and Attendance at MeetlOgs OngolOg
26 Preparation of Technical Reports (Biology Cultural Air Noise) 6 weeksA
7 Preparation of Initial Study 6 weeks.
Prepare Screen check Draft IS 3 weeks
HDR Internal ONOC Process 1 week
City/Applicant ReView 2 weeks
8 Preparation of Mitigated Negative Declaration 13 weeks
Incorporate City/Applicant edits on IS and prepare MND 2 weeks
Clty/ Applicant ReView 1 week
Finalize/Distribute IS/MND 1 week
Draft IS/MND Public ReView Peflod 4 weeks
Prepare FIOaIIS/MND Response to Comments and MMRP 2 weeks
City/Applicant ReView 1 week
Irlcorporate edits and Finalize/Distribute Final IS/MND Response
to Comments and MMRP 2 weeks
TOTAL 25 weeks
a Technical reports may be prepared concurrently However preparatIon of the air quality and nOIse techmcal reports may not
commence until the traffic report has been completed and approved by the City TraffiC Engineer ThIS time penod does not
Include City review time whIch could take an additional 2 4 weeks
b
Assumes all technical reports have been provided by the Applicant or prepared In Tasks 2 6 and approved by the City
C ThiS revIew penod IS an estImate dependent on City schedule
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SepteWgehtla9~~m No 14
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The followmg schedule depIcts the EIR preparatIon and revIew process schedule
Schedule (Initial Studyl EIR)
The followmg schedule depIcts the ISIMND preparatIOn and revIew process schedule
TASK DURATION
1 Project Initiation and Attendance at Meetings Ongoing
26 Preparation of Technical Reports (Biology Cultural Air Noise) 6 weeks'
7 Preparation of Initial Study 6 weeks.
Prepare Screencheck Draft IS 3 weeks
HDR Internal OAlOC Process I week
City/Applicant ReView 2 weeks
9 Preparation of EIR 33 weeks
Incorporate City/ Applicant edits on IS and prepare NOP 2 weeks
Clty/ Applicant ReVIew 1 week
Finalize/Distribute IS/NOP 1 week
IS/NOP Public ReView Period 4 weeks
Scoplng Meellng (DUring 4 week NOP review period)
Prepare Screencheck DEIR 6 weeks
City/Applicant ReVIew 3 weeks
Incorporate edits and Prepare DEIR for distribution 2 weeks
City/Applicant ReVIew 1 week
Finalize/ Distribute DEJR 1 week
OEIR Public ReVIew Period 6 weeks
Prepare Admllllstratlve FEIR Response to Comments MMRP 3 weeks
Clty/ Applicant ReVIew 1 week
Incorporate edits and prepare final documents for public hearing 2 weeks
Total 45 weeks
a Techn cal reports may be prepa ad concu e t1y Howe e p epa at 0 of the a qual ty ado sa tech cal eports may at
commence until the traffIc report has been completed and approved by the City TraffiC Engineer ThiS time penod does not
Include City review time which could take an addItional 2 4 weeks
b
Assumes all techmcal reports have been provIded by the Applicant or prepared In Tasks 2 6 and approved by the CIty
C ThiS review period IS an estimate dependent on City schedule
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Cost Estimate
Project coordmatlOn preparatIOn of Techmcal reports and preparatIOn of the IS will cost $75 500 If the
CIty determmes that an MND IS the next appropnate document as descnbed m Task 8 the addItIOnal cost
would be $13 800 for a total of $89 300 If the City determmes that an EIR IS the next appropnate
document as descnbed m Task 9 the addllIonal cost would be $73550 for a total of $149050
Reimbursable expenses mcludmg travel/computer technology charges etc Will be mVOIced m
accordance wIth HDR standard rate schedule Document reproductIOn IS an eslImate only and a detailed
estImate WIll be obtamed pnor to document productIOn Costs are based upon the HDR standard hourly
rate sheet (Attachment A) The costs are broken down by task accordmg to each optIOn below
Cost Estimate (151 MND)
TASK COST
1 Project Initiation and Coordination! Attendance at MeetIngs
Task 1 Subtotal $12300
26 Preparation of Technical Reports
2 Biological Technical Report $24 000
3 Cultural Resources Report $3 500
4 Air Quality Report $8 700
5 NOise Report $7 300
6 Recreational AnalysIs $6 000
Tasks 2 6 Subtotal $49 500
7 Imtlal Study Preparation
Task 7 Subtotal $13700
8 MND Preparation
8 1 Initial Study! Mitigated Negative Declaration $1250
82 Response to Comments! FlnaIIS!MND $6 000
8 3 Mitigation MonitOring and Reporting Program $1050
Task 8 Subtotal $8 300
Document Reproduction! Relmbursables
Printing $3 050
Mailing $1500
Travel $950
R/R Subtotal $5 500
Total (Tasks 1 8) $89 300
Document printing costs can be eliminated If the Applicant prefers to use a direct bill reproduction account
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SePte'Jl.~~r\lr;9H?m No 14
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Cost Estimate (151 EIR)
TASK COST
1 Project Initiation and CoordinatIOn! Attendance at Meetings
Task 1 Subtotal $12 300
26 Preparation 01 Technical Reports
2 Biological Technical Report $24 000
3 Cultural Resources Report $3 500
4 Air Quality Report $8 700
5 NOise Report $7 300
6 Recreational AnalysIs $6 000
Tasks 2 6 Subtotal $49 500
7 Initial Study Preparation
Task 7 Subtolal $13700
9 EIR Preparation
91 Imtlal Study! Notice of Preparaflon $1250
92 Scoplng Meeting $2 750
93 Preparation of DEIR $47 000
95 Response to Comments! FEIR! Findings $8 500
96 Mitigation Momtonng and Reporting Program 1050
Task 9 Subtotal $60 550
Document Reproductlonl Relmbursables
Pnntmg $8 500
Mailing $3 000
Travel $1500
R/R Subtotal $13000
Total (Tasks 1 8) $149 050
Document printing costs can be eliminated If the Applicant prefers to use a direct bill reproduction account
Should the need anse for additIOnal profeSSIOnal serVICes beyond those set forth m the scope of services
due to reVISIOns to the project the regulatory environment reqUlrements exceedmg our speCified budget
allowances HDR will only undertake such addll10nal services upon receipt of authonzal1on by the City of
Lake Elsmore
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September 17",2007 N 14
--p.genua Item 0
Page 22 of 26
AUTHORIZA nON
By slgmng below the City of Lake Elsmore and HDR Engmeenng Inc agree to the Scope of Work
Cost Estimate and Terms and ConditIOns attached hereto (Attachment B)
HDR Engmeermg Ine
By
Name Betty Dehoney
Title VICe PresIdent
Address 8690 Balboa AYe. #200
San Diego. CA 92123
Attest
Michelle Soto Intenm City Clerk
City of Lake Elsmore
liI~
City of Lake Elsmore
By
Name Robert A Brady
Title CIty Manager
Address 130 South Mam Street
Lake Elsmore. CA 92530
Approved as to Form
Barbara Zeld Leibold City Attorney
City of Lake Elsmore
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Septe~lfet7d~OR~m No 14
Page 23 of 26
HDR Englneenng Inc
Terms and Conditions for Professional Services
STANDARD OF PERFORMANCE
The standard of care for all professional englneenng consulbng
and related services performed or furnished by ENGINEER and
Its employees under thiS Agreement will be the care and skill
ordlnanly used by members of ENGINEER 5 profession
practIcing under the same or similar Circumstances at the same
time and In the same locality ENGINEER makes no warrantles
express or Implied under this Agreement or othe/WIse In
connection with ENGINEER s services
2 INSURANCE
ENGINEER agrees to procure and malntam at Its expense
Workers Compensation Insurance as reqUired by statute
Employer's Liability of $250 000 Automobile Liability Insurance of
$1 000000 combined Single limit for bodily Injury and property
damage covenng all vehicles Including hired vehicles owned and
non owned vehicles Commercial Generalllablhty Insurance of
$1 000000 combined Single limit for personal Injury and property
damage and ProfeSSIonal Liability Insurance of $1 000000 per
claim for protection against claims anslng out of the performance
of services under thIS Agreement caused by negligent acts
errors or omiSSions for whIch ENGINEER IS legally liable Upon
request OWNER shall be made an additional Insured on
Commercial General and Automobile LIability Insurance policies
and certificates of Insurance Will be furnished to the OWNER
ENGINEER agrees to indemnify OWNER for the claims covered
by ENGINEER s Insurance
3 OPINIONS OF PROBABLE COST (COST ESTIMATES)
Any opinions of probable project cost or probable construction cost
prOVided by ENGINEER are made on the baSIS of Information
available to ENGINEER and on the baSIS of ENGINEERs
expenence and qualifications and represents ItS Judgment as an
expenenced and qualified profeSSIonal engineer However since
ENGINEER has no control over the cost of labor matenals
equipment or servIces furnished by others or over the
contractor(s) methods of determining pnces or over competitive
bidding or market conditions ENGINEER does not guarantee that
proposals bids or actual project or construction cost Will not vary
from opinions of probable cost ENGINEER prepares
4 CONSTRUCTION PROCEDURES
ENGINEERs observation or monltonng portions of the work
performed under construction contracts shaff not relieve the
contractor from ItS responsibility for perfonmng work In accordance
With applicable contract documents ENGINEER shall not control
or have charge of and shall not be responsible for construction
means methods technIques sequences procedures of
construction health or safety programs or precautions connected
With the work and shall not manage supervise control or have
charge of construction ENGINEER shall not be responsible for
the acts or omiSSions of the contractor or other parties on the
project ENGINEER shall be entlUed to review all construction
contract documents and to reqUire that no proVISions extend the
duties or lIabllltles of ENGINEER beyond those set forth In thiS
Agreement OWNER agrees to Include ENGINEER as an
Indemmfied party In OWNER s construction contracts for the work
which shall protect ENGINEER to the same degree as OWNER
Further OWNER agrees that ENGINEER shall be listed as an
additIonal Insured under the construction contractor s liabIlity
Insurance poliCies
5 CONTROLLING LAW
This Agreement IS to be governed by the law of the state where
ENGINEERs servIces are performed
6 SERVICES AND INFORMATION
OWNER Will prOVide all cntena and Information pertainIng to
OWNER s requirements for the project Including deSign objectives
and constraints space capacity and performance requirements
f1eXlbllrty and expandablllty and any budgetary limitations
OWNER will also prOVide copies of any OWNER furnIshed
Standard Details Standard SpeCifications or Standard Bidding
Documents which are to be Incorporated Into the project
OWNER Will furnish the services of solls/geotechmcal engineers or
other consultants that Include reports and appropnate profeSSional
recommendations when such services are deemed necessary by
ENGINEER The OWNER agrees to bear full responsIbIlity for the
techmcal accuracy and content of OWNER fumlshed documents
and services
In performing profeSSional englneerrng and related services
hereunder It IS understood by OWNER that ENGINEER IS not
engaged In rendenng any type of legal Insurance or accountlng
services oplmons or adVice Further It IS the OWNER s sole
responSibility to obtain the adVIce of an attorney Insurance
counselor or accountant to protect the OWNER s legal and
finanCial Interests To that end the OWNER agrees that OWNER
or the OWNER s representative Will examine aU studIes reports
sketches draWings speclficatlons proposals and other
documents opinIons or adVice prepared or proVided by
ENGINEER and WIll obtain the adVice of an attorney Insurance
counselor or other consultant as the OWNER deems necessary to
protect the OWNER s Interests before OWNER takes actIon or
forebears to take action based upon or relYing upon the services
proVided by ENGINEER
7 SUCCESSORS AND ASSIGNS
OWNER and ENGINEER respectively bind themselves theIr
partners successors assigns and legal representatives to the
covenants of thiS Agreement Neither OWNER nor ENGINEER
will assIgn sublet or transfer any Interest In thiS Agreement or
claims anSlng therefrom Without the wntten consent of the other
8 RE USE OF DOCUMENTS
All documents Including all reports drawmgs speCificatIons
computer software or other Items prepared or furnIshed by
ENGINEER pursuant to thiS Agreement are Instruments of service
With respect to the project ENGINEER retaIns ownershIp of all
such documents OWNER may retain caples of the documents for
ItS information and reference In connection With the project
however none of the documents are Intended or represented to be
SUItable for reuse by OWNER or others on extensions of the
project or on any other project Any reuse Without wntten
venficatlon or adaptation by ENGINEER for the speCific purpose
Intended Will be at OWNER s sole nsk and Without liabIlity or legal
exposure to ENGINEER and OWNER Will defend Indemmfy and
hold harmless ENGINEER from all claims damages losses and
expenses Including attorney s fees anslng or resulting therefrom
Any such venficatlon or adaptation W111 entitle ENGINEER to further
compensation at rates to be agreed upon by OWNER and
ENGINEER
9 TERMINATION OF AGREEMENT
OWNER or ENGINEER may tennlnate the Agreement In whole or
In part by giving seven (7) days wntten notice If the other party
substantially falls to fulfill Its obligations under the Agreement
through no fault of the terminating party Where the method of
payment IS lump sum or cost reimbursement the final inVOice
Will Include all servrces and expenses aSSOCiated With the project
up to the effective date of tenn nation An eqUitable adjustment
shall also be made to proVide for tennlnatlon settlement costs
ENGINEER inCurs as a result of commitments that had become
firm before temllnatlon and for a reasonable profit for services
performed
10 SEVERABILITY
If any proVISion of thiS agreement IS held Invahd or unenforceable
the remaining provIsions shall be valid and binding upon the
(10/2001)
Agenda Item No 14
Page 24 of 26
parties One or more waivers by either party of any proVIsion term
or condition shall not be construed by the other party as a waiver
of any subsequent breach of the same provISion term or
condition
11 INVOICES
ENGINEER Will submit monthly Invoices for selVlces rendered
and OWNER Will make prompt payments In response to
ENGINEERs InVOices
ENGINEER Will retain receipts for reimbursable expenses In
general accordance With Intemal Revenue SelVlce rules pertaining
to the support of expenditures for Income tax purposes Receipts
Will be available for Inspection by OWNERs auditors upon
request
If OWNER disputes any Items In ENGINEERs Invoice for any
reason Including the lack of supporting documentation OWNER
may temporanly delete the disputed Item and pay the remaining
amount of the InVOice OWNER Will prompUy notify ENGINEER of
the dispute and request clanficatlon and/or correctlon After any
dispute has been settled ENGINEER will Include the disputed
Item on a subsequent regularly scheduled InVOice or on a special
inVOice for the disputed Item only
OWNER recognizes that late payment of InVOices results In extra
expenses for ENGINEER ENGINEER retains the nght to assess
OWNER Interest at the rate of one percent (1 /) per month but
not to exceed the maXimum rate allowed by law on inVOiceS
which are not paid Within forty five (45) days from the date of the
mvolce In the event undisputed portions of ENGINEERs inVOiceS
are not paid when due ENGINEER also reserves the nght after
seven (7) days pnor wntten notICe to suspend the performance of
Its selVlces under thiS Agreement until all past due amounts have
been paid In full
12 CHANGES
The partles agree that no change or modification to thiS
Agreement or any attachments hereto shall have any force or
effect unless the change IS reduced to wntlng dated and made
part of thiS Agreement The execution of the change shall be
authonzed and Signed In the same manner as thiS Agreement
Adjustments In the penod of selVlC8S and In compensation shall
be In accordance With applicable paragraphs and sections of thiS
Agreement Any proposed fees by ENGINEER are estlmates to
perform the services reqUIred to complete the project as
ENGINEER understands It to be defined For those projects
involVing conceptual or process development services actIVIties
often are not fully definable In the InItial planning In any event as
the project progresses the facts developed may dictate a change
In the services to be performed which may alter the scope
ENGINEER Will mform OWNER of such Situations so that
changes In scope and adjustments to the lime of performance and
compensation can be made as requIred If such change
additIOnal services or suspension of selVlces results In an
Increase or decrease In the cost of or time required for
performance of the selVlces an eqUItable adjustment shall be
made and the Agreement modified accordingly
13 CONTROLLING AGREEMENT
These Tenns and Cond.tlons shall take precedence over any
inconsistent or contradictory proVISions contamed In any proposal
contract purchase order reqUlslllon notlce-ta-proceed or like
document
14 EQUAL EMPLOYMENT AND NONDISCRIMINATION
In connection With the selVlC8S under thiS Agreement ENGINEER
agrees to comply With the applicable provIsions of federal and
state Equal Employment Opportumty and other employment
statutes and regulations
15 HA2ARDOUS MATERIALS
OWNER represents to ENGINEER that to the best of ItS
knowledge no hazardous matenals are present at the project
site However In the event hazardous matenals are known to be
Tenns & Conditions for ProfeSSional SelVlces 2
present OWNER represents that to the best of Its knowledge It
has disclosed to ENGINEER the eXistence of all such
hazardous matenals including but not hmlted to asbestos
PCB s petroleum hazardous waste or radioactive matenal
located at or near the project site including type quantity and
location of such hazardous matenals It IS acknowledged by
both parties that ENGINEER s scope of services do not Include
selVlces related In any way to hazardous matenals In the
event ENGINEER or any other party encounters undisclosed
hazardous matenals ENGINEER shall have the obligation to
notify OWNER and to the extent reqUired by law or regulation
the appropnate governmental offiCials and ENGINEER may at
Its option and Without liability for delay consequentIal or any
other damages to OWNER suspend perfonnance of servtces
on that portion of the project affected by hazardous matenals
until OWNER (I) retains appropriate speCialist consultant(s) or
contractor(s) to Identify and as appropnate abate remedlate
or remove the hazardous matenals and (u) warrants that the
project site IS In full comphance With all applicable laws and
regulations OWNER acknowledges that ENGINEER IS
perforrmng profeSSional services for OWNER and that
ENGINEER IS not and shall not be reqUired to become an
arranger operator generator or transporter" of hazardous
matenals as defined 10 the ComprehenSive EnVIronmental
Response Compensation and Liability Act of 1990 (CERCLA)
which are or may be encountered at or near the project site In
connection With ENGINEER s services under thiS Agreement If
ENGINEER s services hereunder cannot be performed because
of the eXistence of hazardous matenals ENGINEER shall be
entitled to terminate thIS Agreement for cause on 30 days
wntten notice To the fullest extent permitted by law OWNER
shalllndemn.fy and hold harmless ENGINEER ItS offIcers
directors partners employees and subconsultants from and
against all costs losses and damages (Including but not limited
to all fees and charges of engineers architects attomeys and
other profeSSIonals and all court or arbitration or other dispute
resolution costs) caused by anslng out of or resulting from
hazardous matenals proVided that (I) any such cost loss or
damage IS attnbutable to bodily injury SIckness disease or
death or Injury to or destructIon of tangible property (other than
completed Work) including the loss of use resulting therefrom
and (II) nothing In thiS paragraph shall obligate OWNER to
Indemmfy any IndiVidual or entIty from and against the
consequences of that indiVidual s or entity s sole negligence or
Willful misconduct
16 EXECUTION
ThiS Agreement Including the exhibits and schedules made part
hereof conslltute the entire Agreement between ENGINEER and
OWNER supersedes and controls over aU pnor wntten or oral
understandings ThiS Agreement may be amended
supplemented or modified only by a wntten Instrument duly
executed by the parties
17 LIMITATION OF LIABILITY
ENGINEERs and Its employees total liability to OWNER for any
loss or damage Including but not limited to speCial and
consequential damages anslng out of or In connection WIth the
performance of seNIC8S or any other cause Including
ENGINEER s and Its employees profeSSional negligent acts
errors or omiSSions shall not exceed the greater of $50 000 or
the total compensallon received by ENGINEER hereunder except
as otherwise proVided under thiS Agreement and OWNER hereby
releases and holds harmless ENGINEER and Its employees from
any liability above such amount
18 LITIGATION SUPPORT
In the event ENGINEER IS reqUired to respond to a subpoena
government inqUiry or other legal process related to the selVlces
In connection With a legal or dispute resolution proceeding to
which ENGINEER IS not a party OWNER shall reimburse
ENGINEER for reasonable costs In responding and compensate
ENGINEER at ItS then standard rates for reasonable time Incurred
In gathenng information and documents and attending
depoSitions heanngs and loal
A~'Cla Item No 14
Page 25 of 26
Hl\1
ONE COMPANY
Many SolutIons
HDR ENGINEERING INC
Southern California Operations
2007 SCHEDULE OF CHARGES FOR PROFESSIONAL SERVICES
LABOR
Engineers
Senior Company Officer
Senior Principal Engineer
Senior Engineer Seclion Manager
Senior Project Manager
Senior Engineer
Project Manager
Task Manager
Project Engineer
Associate Engineer
Staff Engineer
JUnior Engineer
Engineering Intern
Architects
Arch Senior Project Manager
Arch Project Manager
Specification Writer
Project ArchitecUSenlor Designer
Project Designer
Assistant Project Designer
Architectural Intern
$280
$260
$250
$225
$200
$175
$150
$125
$110
$100
$ 90
$ 60
$175
$150
$125
$125
$200
$100
$ 60
SCientists and Environmental Planners
Program Manager $250
Section Manager $220
Environ Senior Project Manager $190
EnVIron Project Manager $175
Senior Sc,ent,sUPlanner $150
Project Sc,ent,sUPlanner $125
Associate Sc,ent,sUPlanner $110
Staff Sc,ent,sUPlanner/F,eld MOnitor $100
JUnior Sc,ent,sUPlanner/F,eld MOnitor $ 90
EnVIron Intern $ 60
Techmclans
Senior TechniCian $120
Project TechniCian $110
Staff TechniCian $ 80
GIS
GIS Manager $165
GIS Operator $120
GIS Staff Operator $110
Administrative Personnel
Contracts Manager $120
Project Coordinator $100
Document ProductIOn SpeCialist $ gO
Clerk $ 55
OTHER DIRECT COSTS
In House Exoenses
Vehicle Mileage (per mile) $0485
(subject to change to reflect IRS Mileage ReImbursement Rate)
Photocopies (per copy) $0 10
Plotting (per square foot)
Mylar
Vellum
Color
Bluellne
$300
$100
$200
$100
OutSide Exoenses Reimbursed At Cost + 15/
Contract Services subconsultants typing services
printing etc
Miscellaneous Supplies eqUipment rental project
speCific supplies etc
Task Order Related Travel Expenses lodging
airfare meals car rentals etc
Mailing postage courier overnight delivery etc
Communication long distance telephone fax etc
E&RM Schedule of Fees A 2007
01/2007
Agenda Item No 14
Page 26 of 26
CITY OF ~
LAKE ,6,LSINORJ:
~.~ DREAM EXTREMEN
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27, 2007
SUBJECT STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL
IMPACT REPORT
DIscussion
Since the last update to the City Council staff was Informed by Jones & Stokes on
October 29 2007 that Brian Mooney the original project manager for the General Plan
update had resigned Mr Mooney IS no longer affiliated with Jones & Stokes and a
new project manager has been assigned to the City s General Plan update
Also on November 19 2007 Jones & Stokes Informed staff that the land use changes
and recommendations motivated by recent development Interests as well as General
Plan map adjustments have resulted In additional traffic volume changes necessitating
additional time to prepare an analysIs of the traffic Impacts disclosed In the Draft
Environmental Impact Report (DEIR) Considering thiS staff anticipates that the public
review period of the DEIR as reqUired by the California Environmental Quality Act
(CEQA) Will begin In mid December 2007 and end In January 2008 ConSidering the
scope and complexity of thiS type of project an allowance of at least thirty (30) days
beyond the closing date of the Public Review period for preparation of the Final EIR
including response to comments on the DEIR and preparation of Findings and Fact
should be anticipated Based on these time frames staff anticipates that the first Public
Hearing for the General Plan Update would occur towards of the end of March 2008
Recommendation
Receive and file
Prepared by
Rolfe M Prelsendanz /l/MA
Director of Community Development" 1'// '----------
Robert A Brady f.) ~
City Manager ~
Approved by
~---
Agenda Item No 15
Page 1 of 1
I
CITY OF ~
LAKE:,6,LSINORB
I~.~ DREAM E;(TREME~
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
I AND MEMBERS OF THE CITY COUNCIL
I
I
FROM ROBERT A BRADY
CITY MANAGER
DATE I NOVEMBER 27 2007
SUBJECT RESOLUTION OF INTENTION TO ANNEX PROPERTY INTO
COMMUNITY FACILITIES DISTRICT NO 2007 1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO
AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION
AREA NO 1 (RED KITE)
Backaround
On June 26 2007 the City Council approved Resolution 2007 113 establishing
Community FacIlities District No 2007 1 (Law Enforcement Fire and Paramedic
Services) The district levies a special tax for public safety costs above what already
eXist In the district The City IS requIring undeveloped parcels within the City that are
developed with four or more residential dwelling Units to be annexed Into the service
district
As a condition of approval the City has required the project located on APN s 379 490
001 to 012 and 379491 001 to 039 also known as Red Kite to be annexed Into the
Community FacIlities District No 2007 1
DISCUSSion
I
A special tax will be leVied In the amount of $416 00 per single family dwelling unit for
fiscal year 2007 08 The amount of the special tax assessment maximum Increases
two percent annually
The Red Kite project Will add 48 single family dwelling Units to the eXisting district
boundary and generate about $1996800 annually once all the homes are bUilt The
map of the proposed boundary IS attached
Agenda Item No 16
Page 1 of 9
Resolution of Intention to Annex Property Into CFD 2007 1
November 27 2007
Page 2
Flscallmoact
The cost of1law enforcement fire and paramedic services IS approximately $1 010 per
single family dwelling Unit For each new SFD Unit approximately $594 will be
generated from property tax and other revenues dedicated to law enforcement fire and
paramedic services Property tax and other revenues that will be generated from the
residents are not sufficient to fund the cost of law enforcement fire and paramedic
services and therefore the CFD 2007 1 special tax levy of $416 will assist the funding of
the Increased law enforcement fire and paramedic services where the property tax IS
deficient
Process
I
The annexation Into the district reqUires a specific process as outlined In the attached
resolution The City Council will need to hold a public hearing on the annexation Into
CFD 2007 1 and the participating property owner will have the opportunity to vote The
public hearing can be scheduled for January 8 2008
Recommendations
I
I
1 Waive further reading and adopt a resolution of intention to annex property Into
Community Facilities District No 2007 1 (Law Enforcement Fire and ParamediC
Services) and to authorize the levy of a speCial tax within said district
2 Schedule the public hearing on Annexation Area No 1 (Red Kite) for January 8
2008
Prepared by
Matt N pressey~
Director of Administrative Services
Approved by
Robert A Bradyl\)~a...
City Manager '\l-lV
Agenda Item No 16
Page 2 of 9
PROPOSED BOUNDARY OF
ANNEXATION NO 1 TO
COMMUNITY FACILITIES DISTRICT No 2007-1
OF THE CITY OF LAKE ELSINORE
(LAW ENFORCEMENT FIRE AND PARAMEDIC SERVICES)
COUNTY OF RIVERSIDE STATE OF CALIFORNIA
N36 37 02 E 27002
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N36 57 51 E
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SCAl.f 1180'
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APN 379 400-001 TO 012
APN J7t-491 001 TO OJi
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N3& 39 35 E:
71<;124
I'lUtJJIrI1)j l7I'IlXClf'1HE:a1Ya.Dll('Of'JH l'YarI.AKl:El.SINCIlIIJHIS----P4 CF--2f)07
QTY QDlK OF 'JH[ TY OF l.AI(( El.SIHOItE
HEImI CDrnFYlH THE lH N'SIIO.......1H! ROPOSEllIlllUNOAlllDOFN/NEXAJJClHHO. 7l)CClNUNm'
AaUllESDI5l1llCTHtI. r101 TY(]f'lNI'[ nSlHORE', aJUNTY OF II'IItllSlIlE. !irr 'lErFCAI.JFOIINA ASN'f'RO'ogl
'Mi:C1TYCCU'Q.(]f'1HE:arr(]f'LAKE~ I\ElM..W. 5CIIflIUl.EtI1IUlIHG~tCUl~
THE_(]f'_2007&YBRESOUJlJCW
TYaDllCOFlHtaTYCFl,AI( Q.liHQIE
LmlHlS_DA OF~2007 THE OLJROF'_ 'a.ocIL.. 1N~(]f' III'
OFASSD~ AHllCCWllfVtjTY 1'IESDIS1RJCTS tit~ INSYlll.ll.lDltNO........--...
JHCQl'FlCCOIF1HfCOU'lTYIlECORDERIH1IiEcc:u.l1'Y0F'mlSl<<.$T1[0F~
I;Qt.lNrYIlli;~D1RIlf~COUHrrOFII'NISIX FELl--
.vERD<C( THE RfYDISlD( COUHTY ASSESSClIrS /UPS OR DETNLm IlDCl'lII>nCW OF ARen uo.o NIl} DI.WEHSIOHS
""'" ......
_HARRlsaASSOCIATES
uw..n..-. ~
n-. .
(141) IIOll .uc(m)lWm
PROPOSED BOUNDARY MAP
ADD UoNlto
CoumullutJ' 'ciUti Dutnot N 2007 1
ftb C1t.FoILakeIUdare
(Law lid_\. lint ..... Pouam..nc s.nu:..)
c unQ' of RlYen:I4e CaUf rId
....
......-....._.....(JW~-.._
VICINITY t.lAP
"",....
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Agenda Item No 16
Page 3 of9
I
I
I RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA TO
I ANNEX PROPERTY INTO COMMUNITY FACILITIES
I DISTRICT NO 2007 1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AND TO AUTHORIZE THE
LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT
RESOLUTION NO
I WHEREAS the City Council (the Council) of the City of Lake ElSinore
(the City) has established City of Lake Elsinore Community FaCIlities District No 2007
1 (Law Enforcement Fire and Paramedic Services) (the Dlstnct) pursuant to the Mello
Roos Community FaCIlities Act of 1982 as amended commencing With Section 53311
of the Government Code of the State of California (the Act) and
I
WHEREAS the Dlstnct Will finance law enforcement fire and paramedic
services that are In addition to those proVided In the territory Within the District prior to
the formation of the District and do not supplant services already available Within the
territory proposed to be Included In the District through the formation of the Dlstnct
subject to the levy of a special tax to pay for such services being approved at an
election to be held Within the boundaries of the District and
I WHEREAS the Council has prOVided for the annexation In the future of
territory (the Future Annexation Area) to the District pursuant to the terms and
proVISions of the Act and
I
I WHEREAS the City has received a Consent and Waiver from Red Kite
LLC requesting annexation of property owned by Red Kite LLC which constitutes a
portion of the Future Annexation Area Into the District
I
NOW THEREFORE the City Council of the City of Lake ElSinore
California does hereby resolve as follows
I
SECTION 1 The Council hereby determines to Institute proceedings for
the annexation of Annexation Area No 1 (Red Kite) ( Annexation Area No 1 ) Into the
District under the terms of the Act The exterior boundaries of the area to be annexed
(Annexation Area No 1) are hereby speCified and deSCribed to be as shown on that
certain map now on file In the office of the City Clerk entitled Proposed Boundaries
CIty of Lake ElSinore Community FaCIlities District No 2007 1 (Law Enforcement Fire
and ParamediC Services) Annexation Area No 1 (Red Kite) which map indicates by a
I
boundary line the extent of the territory Included In Annexation Area No 1 and shall
govern for all details as to the extent of Annexation Area No 1
I SECTION 2 The map shOWing Annexation Area No 1 which area IS to
be subject to a speCial tax to be leVied IS hereby approved and adopted On the
onglnal and one copy of the map of such Annexation Area No 1 on file In the City
Clerk s office the City Clerk shall endorse the certificate eVidenCing the date and
1
Agenda Item No 16
Page 4 of 9
adoption of this resolution The City Clerk shall file the onglnal of such map In his office
and within fifteen (15) days after the adoption of this resolution the City Clerk shall file
a copy of such map so endorsed m the records of the County Recorder County of
Riverside State of California
SECTION 3 The name of the proposed community facilities dlstnct shall
be City of Lake Elsmore Community Facilities Dlstnct No 2007 1 (Law Enforcement
Fire and Paramedic Services) Annexation Area No 1 (Red Kite)
SECTION 4 Except where funds are otherwise available It IS the mtentlon
of the City Council to levy annually m accordance with procedures contamed m the Act a
special tax (the Special Tax) suffiCient to finance a portion of the cost of proViding law
enforcement fire and paramedic services that are m addition to those provided In the
territory wlthm Annexation Area No 1 pnor to the annexation of Annexation Area No 1
and do not supplant services already available wlthm the territory proposed to be mcluded
m the Dlstnct the costs of admlnlstenng the levy and collection of the Special Tax and all
other costs of the levy of the Special Tax mcludmg any foreclosure proceedmgs legal
fiscal and financial consultant fees election costs and all other administrative costs of
the tax levy The Special Tax Will be secured by recordation of a contlnumg lien agamst
all non exempt real property In the proposed Annexation Area No 1 The schedule of the
rate and method of apportionment and manner of collection of the Special Tax IS
descnbed m detail m Exhibit A attached hereto and by thiS reference mcorporated
herein The annexation of Annexation Area No 1 Will not result m any change to the
special tax rates leVied m the Dlstnct pnor to such annexation
The Special Tax IS apportioned to each parcel on the foregOing baSIS
pursuant to Section 53325 3 of the Act and such Special Tax IS not on or based upon
the ownership of real property
The maximum Special Tax applicable to a parcel to be used for pnvate
residential purposes as set forth m Exhibit A IS specified as a dollar amount which shall
be calculated and established not later than the date on which the parcel IS first subject
to tax because of ItS use for pnvate residential purposes and such amount shall not be
mcreased over time by an amount m excess of 2 percent (2%) per year Under no
circumstances Will the Special Tax to be leVied agamst any parcel used for pnvate
residential purposes be mcreased as a consequence of delinquency or default by the
owner of any other parcel or parcels wlthm the proposed Annexation Area No 1 by
more than 10 percent (10%) As specified by the Act for purposes of thiS paragraph a
parcel shall be conSidered used for pnvate reSidential purposes not later than the date
on which an occupancy permit for pnvate residential use IS Issued
SECTION 5 A public heanng (the Heanng) on the annexation of
Annexation Area No 1 and the proposed rate and method of apportionment of the
Special Tax shall be held on January 8 2008 at 7 00 0 clock p m or as soon thereafter
as practicable at the chambers of the City CounCil of the City of Lake ElSinore 183
North Mam Street Lake ElSinore California 92530
2
Agenda Item No 16
Page 5 of 9
SECTION 6 At the time and place set forth above for the heanng any
Interested person including all persons owning lands or registered to vote within the
proposed Annexation Area No 1 may appear and be heard
SECTION 7 Each City officer who IS or will be responsible for the Dlstnct
If It IS established IS hereby directed to study the proposed Annexation Area No 1 and
at or before the time of the above mentioned Hearing file a report with the City Council
which IS to be made a part of the record of the Heanng containing a bnef descnptlon of
Annexation Area No 1 and his or her estimate of the cost of providing additional law
enforcement fire and paramedic services within the boundary of Annexation Area No
1 The City Manager IS directed to estimate the fair and reasonable cost of all incidental
expenses including all costs associated with the annexation of Annexation Area No 1
determination of the amount of any special taxes collection of any special taxes or
costs otherwise Incurred In order to carry out the authonzed purposes of the City with
respect to the Dlstnct
SECTION 8 The City may accept advances of funds from any sources
including pnvate persons or pnvate entities and IS authonzed and directed to use such
funds for any authonzed purpose including any cost Incurred by the City In annexing
the proposed Annexation Area No 1 The City may enter Into an agreement to repay all
of such funds as are not expended or committed for any authonzed purpose at the time
of the election on the levy of the Special Tax If the proposal to levy such tax should fall
and to repay all of such funds advanced If the levy of the Special Tax shall be approved
by the qualified electors of Annexation Area No 1
SECTION 9 The City Clerk IS hereby directed to publish a notice
( Notice) of the Heanng pursuant to Section 6061 of the Government Code In a
newspaper of general circulation published In the area of the proposed Annexation Area
No 1 Such Notice shall contain the text of thiS resolution state the time and place of
the Heanng a statement that the testimony of all Interested persons or taxpayers will be
heard a descnptlon of the protest nghts of the registered voters and landowners In the
proposed Annexation Area No 1 as proVided In Section 53339 5 of the Act and a
descnptlon of the proposed voting procedure for the election required by the Act Such
publication shall be completed at least 7 days pnor to the date of the Heanng
SECTION 10 The voting procedure with respect to the establishment of
the Dlstnct and the ImposItion of the special tax shall be by mailed ballot election
SECTION 11 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 thiS zih day of November Z007
ROBERT E MAGEE
MAYOR
3
Agenda Item No 16
Page 6 of 9
ATTEST
VIVIAN M MUNSON
CITY CLERK
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
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 2th day of November
2007 and that the same was adopted by the follOWing vote
AYES
NOES
ABSENT
ABST AI N
VIVIAN M MUNSON
CITY CLERK
4
Agenda Item No 16
Page 7 of 9
EXHIBIT A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO 2007 1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi Family Property (as hereinafter defined) In the City of Lake ElSinore
Community Facilities District No 2007 1 (Law Enforcement Fire and Paramedic
Services) (the District) In accordance with the rate and method of apportionment of
special taxes hereinafter set forth All of the property within the District that IS not
Developed Residential or Developed Multi Family Residential Property shall be exempt
from the Maximum Annual Special Taxes of the District
Defmltlons
Assessor s Parcel A parcel of land In the District designated and assigned a
discrete Identifying number on a map of the County Assessor of the County of
Riverside
City City of Lake ElSinore California
Developed Multi Family Property Assessor's Parcels In the District for which a
bUilding permit has been Issued by the City on or pnor to March 1 preceding the Fiscal
Year for the construction of a Unit that IS located or shall be located within a bUilding In
which each individual Units has or shall have at least one common wall with another
Unit
Developed Residential Property All other Assessor's Parcels In the Dlstnct for
which a bUilding permit has been Issued by the City on or prior to March 1 preceding any
Fiscal Year for the construction of a Unit that IS not Developed Multi family Property
Fiscal Year The period beginning on July 1 and ending on the follOWing June 30
MaXimum Annual Special Taxes The maximum annual special taxes leVied
within the District for any Fiscal Year
Umt Each separate reSidential dwelling Unit which comprises an Independent
facility capable of conveyance or use separate from adjacent dwelling Units
Agenda Item No 16
Page 8 of 9
Rate and Method of ApportIonment of MaxImum Annual Special Taxes
As of July 1 of each Fiscal Year commencing July 1 2007 the City shall
determine whIch of the Assessor s Parcels within the District constitute Developed
ReSidential Property or Developed Multi Family Property BegInning In Fiscal Year
2007 08 and all subsequent Fiscal Years the City shall levy the Maximum Annual
Special Taxes on each Assessor s Parcel of Developed ReSidential Property In the
amount of $416 and on each Assessors Parcel of Developed Multi Family Property In
the amount of $208 per Unit The amount of Maximum Annual Special Taxes shall be
increased annually by 2% commencing in Fiscal Year 2008 09 and each Fiscal Year
thereafter
DuratIon of the MaxImum Annual SpeCIal Taxes
The Maximum Annual SpeCial Taxes shall be levied In perpetuity so long as Law
Enforcement Fire and ParamediC Services are being proVided within the District
The Maximum Annual SpeCial Taxes levied In each Fiscal Year shall be collected
In the same manner as ordinary ad valorem property taxes are collected and shall be
subject to the same penalties and the same procedure sale and lien priority In case of
delinquency as IS proVIded for ad valorem taxes The Maximum Annual SpeCial taxes
when leVied shall be secured by the lien Imposed pursuant to Section 3115 5 of the
Streets and Highways Code ThiS lien shall be a continuing lien and shall secure each
levy of MaXimum Annual SpeCial Taxes The lien of MaxImum Annual SpeCial Taxes
shall continue in force and effect until the SpeCial Tax ceases to be levied In the manner
provided by Section 53330 5 of the Government Code
Agenda Item No 16
Page 9 of 9
CITY OF ~
LAKE 6LSINORJ:
, I
'?t.~ DREAM E;(TREMEN
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27, 2007
SUBJECT RESOLUTION APPROVING A DEPOSIT AND REIMBURSEMENT
AGREEMENT RESOLUTION OF INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO 2007 5 (RED KITE) AND
RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS
Backaround
Red Kite LLC (the Developer') submitted an application (mcludlng a fmance plan) for
the establishment of a Community FacIlities Dlstnct for their development Red Kite
located near Tiller Lane Ulla Lane and Sandcastle Dnve
DIscussion
The Developer plans to develop 48 smgle family dwelling units (the ProJect)
SpecIal Tax
The average residential special tax IS estimated at $2 940 The annual CFD Special
Taxes when combmed with all other property taxes applicable to the Project have been
established so as not to exceed 2% of the anticipated residential home pnces wlthm the
project which meets the 2% City CFD gUidelines ThiS mcludes estimates for the City
development Impact fees ( City Fees) and EVMWD sewer and water capacity fees
( EVMWD Fees)
ThiS development falls under the new CFD gUidelines adopted by the City Council In
2005 therefore there IS no annual escalator applied to the maximum special tax
The Mello Roos Community FacIlities Act of 1982 (the Mello Roos Act) was
specifically drafted to assist agencies with the Impacts of new developments In
addition to provldmg a mechanism to fund the construction of public mfrastructure the
Mello Roos Act allows an agency to fund the mcremental mcrease m cost of services
due to the new development
Agenda Item No 17
Page 1 of 43
Resolution of Intention to Establish CFD 2007 5
November 27 2007
Page 2
Bond Issue
In order to finance the facIlities It IS necessary to Incur bonded Indebtedness The not to
exceed amount IS $2500000 The bond Issue IS expected to be approximately $1 7
million It IS anticipated that the bond Issue will have a level annual debt service
Parks, Open Space and Storm Drams OperatIon and Mamtenance
BUilt Into the rate and method of apportionment (RMA) IS a special tax to cover a portion
of the Increased cost of maintaining parks open space and storm drains as a result of
the new development
The Mello Roos Community FacIlities Act of 1982 (the Mello Roos Act) was
specifically drafted to assist agencies with the Impacts of new developments In
addition to providing a mechanism to fund the construction of public Infrastructure the
Mello Roos Act allows an agency to fund the Incremental Increase In cost of services
due to the new development These services Include police fire (Including paramedic)
maintenance of parks open space and storm drainS
A park open space and storm drain maintenance component of the RMA IS proposed
and IS being recommended for all new facIlities CFD s as a part of the RMA As
presented on page 15 of the RMA residential property will be assessed $25681 per
single family unit and $12841 per multifamily Unit for FY 2008 09
FlscallmDact
Annual administrative expenses may be funded through bond fund earnings and the
special annual tax levy
Repayment of the bonds IS secured by the special taxes leVied on all property within the
dlstnct other than those properties that are exempt as provided In the respective rate
and method of apportionment
Recommendations
1 Waive further reading and adopt a resolution approving a DepOSit and
Reimbursement Agreement relating to the City of Lake Elsinore Community
FaCIlities Dlstnct No 2007 5 ~
2 TNalve further readIng and adopt a resolution of Intention to establish City of Lake
Elsinore Community FaCIlities Dlstnct No 2007 5 (Red Kite) and calling a Public
Heanng for January 8 2008
Agenda Item No 17
Page 2 of 43
Resolution of Intention to Establish CFD 2007 5
November 27 2007
Page 3
3 Waive further reading and adopt a resolution of Intention to Incur bonded
Indebtedness In the amount not to exceed $2 500 000 within proposed City of
Lake Elsinore CFD No 20075 (Red Kite)
Prepared by
Matt N Presse~
Director of Adrr;I~~ve Services
Robert A Brady(lil.
City Manager ~
Approved by
Agenda Item No 17
Page 3 of 43
PROPOSED BOUNDARY OF
COMMUNITY FACILITIES DISTRICT No 2007-5
OF THE CITY OF LAKE ELSINORE
(RED KITE)
COUNTY OF RIVERSIDE STATE OF CALIFORNIA
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Agenda Item No 17
Page 4 of 43
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING A DEPOSIT AND
REIMBURSEMENT AGREEMENT RELATING TO THE CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO 2007 5 (RED
KITE)
WHEREAS the City Council (the Council) of the City of Lake Elsinore (the
City) Intends to Initiate proceedings to form City of Lake Elsinore Community Facilities
Dlstnct No 2007 5 (Red Kite) (the CFD) pursuant to the Mello Roos Community
Facilities Act of 1982 as amended (the Act) and
WHEREAS Section 533149 of the Act provides that at any time either before or
after the formation of a community facilities dlstnct the legislative body may accept
advances of funds from any source Including but not limited to pnvate persons or
pnvate entities and may provide by resolution for the use of those funds for any
authonzed purpose including but not limited to paYing any cost Incurred by the local
agency In creating a community facilities dlstnct (including the Issuance of bonds
thereby) and
WHEREAS the City and the developer within the proposed CFD (the
Developer') deSire to enter Into an agreement In accordance with Section 533149 of
the Act In order to provide for the advancement of funds by the Developer to be used to
pay costs Incurred In connection with the formation of the CFD and Issuance of special
tax bonds for the CFD (the Bonds) and to provide for the reimbursement to the
Developer of such funds advanced without Interest from the proceeds of any Bonds
NOW THEREFORE, the City Council of the City of Lake ElSinore California
does hereby resolve as follows
Section 1 The City Council hereby approves the DepOSit and Reimbursement
Agreement In substantially the form presented to the City Council at thiS meeting The
Mayor the City Manager and the Director of Administrative Services are hereby
authonzed to execute the DepOSit and Reimbursement Agreement with such reVISions
amendments and completions as shall be approved by the officer executing the same
such approval to be conclusively eVidenced by the execution and delivery thereof
Section 2 ThiS Resolution shall take effect from and after the date of ItS passage
and adoption
1
Agenda Item No 17
Page 5 of 43
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake ElSinore California this 27th day of November 2007
ROBERT E MAGEE
MAYOR
ATTEST
VIVIAN M MUNSON
CITY CLERK
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
2
Agenda Item No 17
Page 6 of 43
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 27th day of November 2007
and that the same was adopted by the following vote
AYES
NOES
ABSENT
ABSTAIN
VIVIAN M MUNSON
CITY CLERK
3
Agenda Item No 17
Page 7 of 43
DEPOSIT AND REIMBURSEMENT AGREEMENT
THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (this DeposIt
Agreement ) dated as of July 30 2007 2007 for IdentIficatIOn purposes only IS by and between
the City ot Lake ElSInore Cahfornla (the City) Cottage Lane LLC (collectIvely the
Owner )
RECITALS
WHEREAS, the City has determIned to lilltIate proceedmgs to create a
commumty facIlities dlstnct desIgnated City of Lake Elsmore Commumty FacilitIes Dlstnct
No 2007 5 (Red Kite) (the Commumty FaCIlItIes DIStriCt) under the Mello Roos Commumty
FaclhtIes Act of 1982 as amended (the Act ) and
WHEREAS Owner IS the owner of the real property Wlthm the proposed
Commumty FaCIlItIes Dlstnct and
WHEREAS m accordance With City s polIcy regardmg use of the Act the
Owner IS requlfed to compensate the Cuy for all costs reasonably mcurred In the formatIon of the
Commumty FaCIlItIes Dlstnct and Issuance of bonds for the Commumty FaCIlities Dlstnct and
WHEREAS, SectIOn 53314 9 of the Act provides that at any tIme either before
or after the formatIOn of a community facIlitIes dIStnct the legIslatIve body ma) accept advances
of funds from any source IncludIng but not limited to pnvate persons or pnvate entItIes and
may provIde by resolutIOn for the use of those funds for any authonzed purpose mcludIng but
not limIted to paymg any cost mcurred by the local agency m creatmg a community faCIlitIes
dlstnct (mcludmg the Issuance of bonds thereby) and
WHEREAS, SectIOn 53314 9 of the Act further proVIdes that the legIslatIve body
may enter mto an agreement by resolution With the person or entIty advancmg the funds to
repay all or a portIOn of the funds advanced as determIned by the legl~latlve body With or
WIthout mterest under all of the folloWInb condItIons (a) the proposal to repay the funds IS
mcluded m both the resolutIon of IntentIon to establish a communIty faCIlItIes dlstnct adopted
pursuant to SectIOn 53521 of the Act and m the resolutIon of formatIon to establIsh the
commumty faCIlitIes dlstnct pursuant to SectIOn 53325 1 of the Act (mcludIng the Issuance of
bonds thereby) (b) any proposed speCIal tax IS approved by the quahfied electors of the
commumty facJ!ltles dlstnct pursuant to the Act and (c) any agreement shal! specIfy that If the
qualIfied electors of the commumty faclhtles dlstnct do not approve the proposed speCIal tax the
local agency shall return any funds which have not been committed for any authonzed purpose
by the time of the electIOn to the person or entity advanCIng the funds and
WHEREAS the CIty and the Owner deSIre to enter mto thIS DepOSit Agreement
m accordance WIth SectIon 53314 9 of the Act m order to prOVIde for the advancement of funds
by the Owner to be used to pay costs Incurred In connectIOn WIth the formatIon of the
Commumty FacIlllles Dlstnct and Issuance of speCial tax bonds for the CommunIty Faclhl1es
Agenda Item No 17
Page 8 of 43
Dlstnct (the Bonds) and to proVlde for the reimbursement to the Owner of such funds
advanced without mterest from the proceeds of the Bonds
NOW THEREFORE, for and m consideration of the mutual promises and
covenants herem contamed the parties hereto agree as follows
SectIOn 1
The DepOSits and Application Thereof
(a) The Owner has prevIOusly deposited With the City the amount of $65 000
(the lmtlal Deposit) The City by ItS execution hereof acknowledges receipt of and accepts
the Tmttal DepOSit
(b) City hereby agrees and Owner hereby acknowledges that UOlon Bank of
CahforOla N A (UOlon Bank ) shall hold the lmtlal DepOSit and any subsequent depOSits
pursuant to (c) hereof as agent for the City City shall concurrently WIth the execution hereof
depOSit the Tmtlal DepOSit m an account ( Deposit Account ) at Umon Bank 120 S San Pedro
Street 4th Floor Los Angeles CahforOla 90012 Upon Its receipt of the lmtlal DepOSit Umon
Bank shall be entitled to deduct therefrom Its fee for holdmg and dlsbursmg the Tmtlal DepOSit
and any subsequent depOSits pursuant to the terms of thIs DepOSit Agreement
(c) The lmtlal DepOSit tObether With any subsequent depOSit reqUIred to be
made by the Owner pursuant to the terms hereof (collectively the Deposits) are to be used to
pay for any costs mcurred for any authonzed purpose m connectIOn WIth the formation of the
Commumty Faclhtles Dlstnct and the Issuance of the Bonds mc1udmg WIthout hmltatlOn (I) the
fees and expenses of any consultants to the City employed m connectIOn WIth the formatIOn of
the Commumty Faclhtles Dlstnct and the Issuance of the Bonds mc1udmg an engmeer special
tax consultant finanCial adVisor bond counsel disclosure counsel and Issuer s counsel and any
other consultant reasonably deemed necessary or adVisable by the City (11) the costs of
appraisals market absorption and/or feaslblhty studies and other reports reasonably deemed
necessary or adVisable by the City m connectIOn With the formation of the Community Faclhtles
District and Issuance of the Bonds (m) the costs of pubhcatlOn of notices preparatIOn and
mallmg of ballots and other costs related to any heanng election or other actIOn or proceedmg
undertaken m connection With the formation of the Commumty FaClhtles Dlstnct and Issuance of
the Bonds (IV) reasonable charges for City staff time mcurred m connectIOn With the formation
of the Commumty Faclhtles Dlstnct and the Issuance of the Bonds by the Commumty Faclhtles
Dlstnct mcludmg a reasonable allocatIOn of City overhead expense related thereto and (v) any
and all other actual costs and expenses mcurred by the City m connection With the formatIOn of
the Community Faclhtles Dlstnct and the Issuance of the Bonds (collectively the lmtlal
Costs) The CIty may draw upon the DepOSIts from time to tIme to pay the ImlIa! Costs Umon
Bank shall have no duty or responslblhty to confirm that amounts Withdrawn at the dITectlOn of
the City have been or Will be spent on TOItlal Costs
(d) At such lIme the Owner requests the City to mltIate proceedmgs to Issue
Bonds the Owner shall make an additIonal depOSit m the amount determmed by the City If at
any time the unexpended and unencumbered balance of the DepOSits IS less than $10000 the
City may request m wntmg that the Owner make an additIOnal depOSit m an amount estunated
to be suffiCient together With any such unexpended and unencumbered balance to pay for all
2
Agenda Item No 17
Page 9 of 43
Imtlal Costs The Owner shall make such addll10nal deposIt with the CIty Wlthm two weeks of
the receIpt by the Owner of the CIty s wrItten request therefor If the Owner faIls to make any
such addll10nal depOSIt wlthm such two week penod the CIty may cease all work related to the
Issuance of the Bonds
(e) The DepOSIts shall be kept separately at Umon Bank and shall be mvested
In a money market fund selected by the CIty and the City shall at all limes maIntam records as to
the expendIture of the Deposits
(f) The City shall draw upon the DepOSIts to pay the Iml1al Costs by
presentatIon of a dIsbursement request (the Request) to Umon Bank m the form attached
hereto as ExhIbIt A and by thiS reference mcorporated herem The City shall cause Umon Bank
to pay such Imtlal Costs pursuant to the Request
(g) The CIty shall provide the Owner WIth a wntten monthly summary of
expendItures made from the DepOSIts and the unexpended balance thereof Wlthm ten bUSIness
days of receIpt of the CIty of a WrItten request therefor submitted by the Owner The cost of
provldmg any such summary shall be charged to the DepOSIts
Seebon 2
Return of DepOSits. ReImbursement
(a) As provIded In SectIOn 53314 9 of the Act the approval by the quahfied
electors of the Commumty FacilItIes Dlstnct of the proposed speCial tax to be leVied therem IS a
condItIOn to the repayment to the Owner of the funds advanced by the Owner pursuant hereto
Therefore If the quahfied electors of the Commumty FaclhtIes Dlstnct do not approve the
proposed speCial tax to be leVied thereon the City shall have no obhgal1on to repay the Owner
any portIOn of the DepOSits expended or encumbered to pay Imtlal Costs In accordance wIth
SectIon 53314 9 of the Act If the quahfied electors of the Commumty Faclhl1es DIstrIct do not
approve the proposed speCial tax to be leVied thereIn the City shall cause Umon Bank to return
to the Owner any portIOn of the Deposits wmch have not been expended or encumbered to pay
ImtIal Costs by the tIme of the electIOn on said proposed specIal tax
(b) If proceedmgs for the Issuance of the Bonds are termmated the CIty shall
WithIn ten bUSIness days after offiCIal action by the City or the Commumty Facdll1es DistrIct to
termInate said proceedmgs cause Umon Bank to return the then unexpended and unencumbered
portIOn of the DepOSits to the Owner WIthout Interest
(c) If the Bonds are Issued by the Commumty Faclhtles DIstrIct the CIty shall
reimburse the Owner Without mterest for the portIOn of the DepOSIts that has been expended or
encumbered said reImbursement to be made wlthm ten busmess days after the Issuance of such
Bonds solely from the proceeds of such Bonds and only to the extent otherwise permItted under
the Act The City shall wlthtn ten bUSIness days after the Issuance of such Bonds return the
then unexpended and unencumbered portIOn of the DepOSits to the Owner WIthout IDterest
SectIon 3 Abandonment of ProeeedlDl!s The Owner acknowledges and agrees
that the Issuance of the Bonds shall be ID the sole discretIOn of the CIty No proVISIOn of thiS
DepOSIt Agreement shall be construed as an agreement promIse or warranty of the City to Issue
the Bonds
3
Agenda Item No 17
Page 10 of 43
SectIon 4 Deooslt Aueement Not Debt or Liability of City As provided In
SectIOn 53314 9(b) of the Act thiS DepOSit Agreement does not constitute a debt or hablllty of
the City but shall constitute a debt and liability of the Community Facilities Dlstnct upon ItS
formation The City shall not be obhgated to advance any of 1IS own funds to pay Imnal Costs or
any other costs mcurred m connectIOn With the formanon of the CFD and Issuance of the Bonds
No member of the City Council of the City and no officer employee or agent of the City shall to
any extent be personally liable hereunder
SectIOn 5 Notices Any nonces requests demands documents approvals or
disapprovals given or sent under thiS Depos1l Agreement from one Party to another (collectively
Notices ) may be personally dehvered transmitted by faCSimile (FAX) tranSIDlSSlOn or depOSit
With the Umted States Postal Service for mailIng postage prepaid to the address of the other
Party as stated m thiS SectIOn and shall be deemed to have been given or sent at the time of
personal dehvery or FAX transmiSSIOn or If mailed seventy two hours followmg the date of
depOSit m the course of transmISSion With the Umted States Postal Service Notices shall be sent
as follows
If to City
City of Lake ElSInore
Attn DIrector of Adrmmstratlve Services
130 S Mam Street
Lake Ehsnore CA 92530
FAX No (951) 6742392
With copIes to
LeIbold McClendon & Mann P C
Attn Barbara Zeld Leibold City Attorney
23422 Mill Creek Dnve SUite 105
Laguna Hllls CA 92653
FAX No (949) 4576305
If to Owner
Cottage Lane LLC
Attn Donan Johnson
Wesco Homes & Development
20100 S Western Ave
Torrance CA 90501
FAX No (310) 533 2340
4
Agenda Item No 17
Page 11 of 43
If to Umon Bank
Umon Bank of California N A
Atn Corporate Trust Dept
120 S San Pedro Street 4th Floor
Los Angeles Califorrua 90012
FAX No (213) 972 5694
Each such notice statement demand consent approval authonzatlOn offer designatIOn
request or other commumcatlon hereunder shall be deemed delivered to the party to whom It IS
addressed (a) If personally served or dehvered upon delivery (b) If gIven by electromc
commumcatlOn whether by telex telegram or telecopler upon the sender s receipt of an
appropnate answerback or other wntten acknowledgement (c) If given by regIstered or certified
mall return receipt requested deposited With the Umted States mall postage prepaid 72 hours
after such notice IS deposited WIth the Umted States mall (d) If given by overrught couner With
couner charges prepaid 24 hours after delivery to said overnIght couner or (e) If given by any
other means upon delivery at the address specified In tlus SectIOn
SectIOn 6 CalifornIa Law Tills DepOSit Agreement shall be governed and
construed In accordance With the laws of the State of Califorma The PartIes shall be entitled to
seek any remedy available at law and m eqUIty All legal actions must be mstltuted m the
Supenor Court of the County of RiverSide State of Cahfornla m an appropnate mumclpal court
m RiverSIde County or m the Umted States DlstrJct Court for the DlstrJct of California m whICh
RJverslde County IS located
SectIon 7 Successors and Assu!.DS ThiS DepOSit Agreement shall be bmdmg upon
and mure to the benefit of the successors and assIgns of the parties hereto
SectlOR 8 Counterparts This DepOSit Agreement may be executed m counterparts
each of which shall be deemed an ongmal and all of whIch shall constitute but one and the same
mstrument
SectlOR 9 Other Aereements The obligatIOns of the Owner hereunder shall be that
of a party hereto Notlung herem shall be construed as affectmg the City s or Owner s nghts or
duties to perform their respective obligations under other agreements use regulatIOns or
subdiVISIOn reqUIrements relatmg to the development ThiS DepOSit Agreement shall not confer
any additional nghts or waive any nghts given by either party hereto under any development or
other agreement to which they are a party
Section 10 Titles and CaptIOns Titles and captIOns are for convemence of reference
only and do not define descnbe or hmlt the scope or the mtent of thiS Deposit Agreement or of
any of ItS terms Reference to section numbers are to sections m thiS DepOSit Agreement unless
expressly slated otherwise
SectIon 11 InterpretatIon As used m tills DepOSit Agreement masculme femlmne
or neuter gender and the smgular or plural number shall each be deemed to mclude the others
5
Agenda Item No 17
Page 12 of 43
where and when the context so dictates The word mcludmg shall be construed as Iffollowed
by the words without hmltatlOn This Deposit Agreement shall be mterpreted as though
prepared Jomtly by both Parties
SectIOn 12 No Waiver A waiver by either Party of a breach of any of the covenants
conditions or agreements under thiS Deposit Agreement to be performed by the other Party shall
not be construed as a waiver of any succeedmg breach of the same or other covenants
agreements restnctIons or conditIOns of thiS Deposit Agreement
SectIOn 13 ModificatIOns Any alteratIOn change or modification of or to thiS
Deposit Agreement m order to become effective shall be made m wntmg and m each mstance
Signed on behalf of each Party
Section 14 Severablhtv If any term provIsion conditIon or covenant of this Deposit
Agreement or Its application to any party or circumstances shall be held to any extent mvalid or
unenforceable the remamder of thiS DepOSit Agreement or the application of the term
proVIsIOn conditIOn or covenant to persons or circumstances other than those as to whom or
which It IS held mvalid or unenforceable shall not be affected and shall be valid and enforceable
to the fullest extent permJtted by law
Section 15 Leeal AdVice Each Party represents and warrants to the other the
followmg they have carefully read thiS DepOSit Agreement and 10 slgmng thiS DepOSit
Agreement they do so With full knowledge of any nl,ht WhlCh they may have they have
received mdependent legal adVice from thelf respective legal counsel as to the matters set forth
m thiS Deposa Agreement or have knowmgly chosen not to consult legal counsel as to the
matters set forth m thiS Deposit Agreement and they have freely Signed thiS DepOSit Agreement
wahout any reliance upon any agreement promise statement or representatIOn by or on behalf of
the other Party or their respectlve agents employees or attorneys except as speCifically set
forth 10 thiS DepOSit Agreement and without duress or coerCIOn whether economic or otherwise
Section 16 Cooueratlon Each Party agrees to cooperate With the other m thiS
transactIOn and 10 that regard to sign any and all documents winch may be reasonably
necessary helpful or appropnate to carry out the purposes and mtent of thiS DepOSit Agreement
mcludmg but not hmlted to releases or additional agreements
SectIOn 17 Conflicts of Interest No member offiCial or employee of City shall have
any personalmterest direct or mdlrect m thiS DepOSit Agreement nor shall any such member
offiCial or employee participate 10 any deCISion relatmg to the DepOSit Agreement which affects
hiS personalmterests or the mterests of any corporatIOn partnershIp or assoclahon m which he IS
directly or mdlrectly mterested
Section 18 Reeardme the Aeent In actmg hereunder UOlon Bank IS actmg solely
as agent for the City and not m ItS propnetary capaCIty The duties and responSibilitIes of UOlon
Bank shall be hmlted to those expressly set forth 10 thiS Deposit Agreement In no event shall
the Umon Bank be liable for any speCial mdlrect or consequential damages Umon Bank will
not be hable for any achon taken or neglected to be taken by It 10 good faith 10 any exercise of
reasonable care and beheved by It to be Wlthm the dIscretIOn of power conferred upon It by tins
6
Agenda Item No 17
Page 13 of 43
Deposit Agreement mcludmg without hmltatlOn disbursement of funds from the Deposit
Account upon receipt of mstructlOns reasonably beheved by Umon Bank to have been executed
by the person set forth therem Umon Bank shall receive compensatIOn for Its seTVlces as agreed
between Umon Bank and the City To the extent permitted by law the City agrees to mdemmfy
and hold Umon Bank harmless from all loss cost damages expenses hablhtles Judgments and
attorneys fees (mcludmg Without hmltal10n aJlocated costs of m house counsel) suffered or
mcurred by Umon Bank ansmg out of or m connechon With thIS DeposIt Agreement except that
thiS mdemmty obhgatlon shall not apply m the event of the gross negligence or Willful
misconduct of the mdemmfied parties or any of them This mdemmty obligation shaJI survive
termmatlOn of thiS Deposit Agreement ThiS Deposit Agreement WIll termmate upon the earher
of disbursement of all funds m the Deposit Account or upon the directIOn of the City
7
Agenda Item No 17
Page 14 of 43
IN WITNESS WHEREOF the Parties have executed this Deposit Agreement as of the
date set forth on the first page hereof
"CITY
CITY OF LAKE ELSINORE a mUniCipal
corporatIOn
By
Title
"OWNER
COTTAGE LANE LLC
BY WESCO HOMES &
DEVELOPMENT,
NAGEING MEMBER
ACCEPTED BY
UNION BANK OF CALIFORNIA, N A
By
Title Authonzed Officer
8
Agenda Item No 17
Page 15 of 43
Dated
EXHIBIT A
CIty of Lake ElsInore
Commumty FacilItIes DIstrIct No 2007 5 (Red KIte)
WRITTEN REQUEST NO _ FOR
DISBURSEMENTS PURSUANT TO THE
DEPOSIT AND REIMBURSEMENT AGREEMENT
The undersigned hereby states and certifies
(I) that he/she ]S the duly quahfied CIty Manager of the City of Lake Elsmore
a mumclpal corporation duly orgamzed and eXlstmg under the Jaws of the State of
Cahforma (the City) and as such ]S famlhar With the facts herem cerhfied and
IS authonzed and quahfied to execute and dehver tlus certificate
(2) that he IS authorized pursuant to the DepOSIt and Reunbursement
Agreement dated as of 2007 (the Agreement) by and between the
City of Lake Elsmore Makenna Court LLC and CIIW AH LLC relatmg to the
formatIOn of City of Lake Elsmore Community Faclhhes District No 20075
(Red Kite) (the CFD)
(3) that pursuant to Section I(e) of the Agreement Umon Bank IS hereby
directed to disburse this date from Account No (the Account) to
the payees deSignated on Exhibit I attached hereto and by thiS reference
mcorporated herem the respective sums set forth opposite such payees m
payment of certam expenses related to the CFD
(4) that each obhgatlon shown on ExhIbit I has been properly mcurred and IS
a proper charge agamst the Account
(5) that no Item to be paid pursuant to thiS Wntten Request has been
prevIOusly paid or reimbursed from the Account and
(6) that capltahzed terms used herem and not otherwise defined shall have the
meamngs ascnbed thereto m the Agreement
CITY OF LAKE ELSINORE a mUnicipal
corporatlon
By
Title City Manager
Agenda Item No 17
Page 16 of 43
RESOLUTION NO
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, TO ESTABLISH CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO 2007 5 (RED
KITE)
WHEREAS the City Council (the Council) of the City of Lake Elsinore (the
City) has received a petition (the Petition) requesting the Institution of proceedings
for (I) formation of a community faCIlities dlstnct (the CFD) pursuant to the Mello Roos
Community FaCIlities Act of 1982 as amended (the Act) (II) authonzatlon of Issuance
of bonds for the CFD and (III) establishment of an appropnatlons limit for the CFD and
WHEREAS the Council has determined that the Petition complies with the
requirements of Government Code Section 53318(c) and now Intends to Initiate such
proceedings and
WHEREAS It IS the intention of the Council to finance parks open space and
storm drain maintenance services that are In addition to those provided In the terntory
within the CFD pnor to the formation of the CFD and do not supplant services already
available within the terntory proposed to be Included In the CFD through the formation
of the CFD subject to the levy of a special tax to pay for such services being approved
at an election to be held within the boundanes of the CFD and
WHEREAS It IS also the Intention of the Council to finance the acquIsition and
construction of the FacIlities (as defined below) or any combination thereof through the
formation of the CFD subject to the authonzatlon of bonds and the levy of a special tax
to pay lease payments Installment purchase payments or other payments or pnnclpal
and Interest on bonds being approved at an election to be held within the boundanes of
the CFD
NOW, THEREFORE, the City Council of the City of Lake ElSinore California
does hereby resolve as follows
Section 1 The Council hereby determines to Institute proceedings for the
formation of a community facIlities dlstnct under the terms of the Act The extenor
boundanes of the CFD are hereby specified and descnbed to be as shown on that
certain map now on file In the office of the Clerk entitled Proposed Boundary of
Community FacIlities Dlstnct No 2007 5 of the City of Lake ElSinore (Red Kite) which
map indicates by a boundary line the extent of the terntory Included In the proposed
community facIlities dlstnct and shall govern for all details as to the extent of the CFD
On the onglnal and one copy of the map of such CFD on file In the City Clerk s office
the City Clerk shall endorse the certificate eVidencing the date and adoption of thiS
Resolution The CIty Clerk shall file the onglnal of such map In her office and within
fifteen (15) days after the adoption of thiS Resolution the City Clerk shall frle a copy of
such map so endorsed In the records of the County Recorder County of Riverside
State of California
1
Agenda Item No 17
Page 17 of 43
Section 2 The name of the proposed CFD shall be City of Lake Elsinore
Community FaCIlities Dlstnct No 2007 5 (Red Kite)
Section 3 Except where funds are otherwise available It IS the intention of the
Council to levy annually In accordance With procedures contained In the Act a special
tax (the Services Special Tax) suffIcIent to finance a portion of the cost of providing
parks open space and storm drain maintenance services (the Services) that are In
addition to those prOVided In the terntory Within the CFD pnor to the formation of the
CFD and do not supplant services already available Within the terntory proposed to be
Included In the CFD the costs of admlnlstenng the levy and collection of the Services
Special Tax and all other costs of the levy of the Services Special Tax including any
foreclosure proceedings legal fiscal and financial consultant fees election costs and
all other administrative costs of the tax levy The Services SpeCial Tax Will be secured
by recordation of a continUing lien against all real property In the CFD The schedule of
the rate and method of apportionment and manner of collection of the Services SpeCial
Tax IS descnbed In detail In Exhibit A attached hereto
The Services SpeCial Tax IS apportioned to each parcel on the foregOing baSIS
pursuant to Section 53325 3 of the Act
Section 4 The faCIlities proposed to be financed by the CFD are public
Infrastructure faCIlities and other governmental faCIlities With an estimated useful life of
five years or longer which the CFD IS authonzed by law to construct own or operate
and that are necessary to meet Increased demands placed upon the City as a result of
development or rehabilitation occurnng Within the proposed CFD including Without
limitations City capital Impact fees and ElSinore Valley MUniCipal Water Dlstnct water
and sewer connection fees and related costs including deSign Inspections
profeSSional fees annexation fees connection fees and acquIsItion costs (the
FacIlities) Such FaCIlities need not be phYSically located Within the CFD
Section 5 Except where funds are otherwise available It IS the intention of the
CounCil to levy annually In accordance With procedures contained In the Act a speCial
tax (the SpeCial Tax) suffiCient to pay for the costs of finanCing the acquIsition and/or
construction of the FaCIlities including the pnnclpal of and Interest on the bonds
proposed to be Issued to finance the FaCIlities and other penodlc costs the
establishment and replenishment of reserve funds the remarketlng credit enhancement
and liqUidity fees the costs of admlnlstenng the levy and collection of the SpeCial Tax
and all other costs of the levy of the SpeCial Tax and Issuance of the bonds including
any foreclosure proceedings architectural englneenng Inspection legal fiscal and
financial consultant fees discount fees Interest on bonds due and payable pnor to the
expiration of one year from the date of completion of faCIlities (but not to exceed two
years) election costs and all costs of Issuance of the bonds Including but not limited
to fees for bond counsel disclosure counsel finanCing consultants and pnntlng costs
and all other administrative costs of the tax levy and bond Issue The SpeCial Tax Will
be secured by recordation of a continuing lien against all real property In the CFD In
the first year In which such a SpeCial Tax IS leVied the levy shall Include a sum
suffiCient to repay to the City all amounts If any transferred to the CFD pursuant to
2
Agenda Item No 17
Page 18 of 43
Section 53314 of the Act and Interest thereon The schedule of the rate and method of
apportionment and manner of collection of the Special Tax IS descnbed In detail In
Exhibit A attached hereto
The Special Tax IS apportioned to each parcel pursuant to Section 533253 of the
Act In the event that a portion of the property within the CFD shall become for any
reason exempt wholly or partially from the levy of the Special Tax the Council shall on
behalf of the CFD Increase the levy to the extent necessary upon the remaining
property within the CFD which IS not delinquent or exempt In order to Yield the required
payments subject to the maximum tax Under no circumstances however shall the
Special Tax levied against any parcel used for pnvate residential purposes be Increased
as a consequence of delinquency or default by the owner of any other parcel or parcels
within the CFD by more than 10 percent Furthermore the maximum special tax
authonzed to be levied against any parcel used for pnvate residential purposes shall not
be Increased over time In excess of 2 percent per year
Section 6 The Council hereby finds that the proposed FacIlities are necessary to
meet Increased demands put upon the City as a result of the new development or
rehabilitation within the proposed CFD
Section 7 A public hearing (the Heanng) on the establishment of the CFD and
the proposed rate and method of apportionment of the Services Special Tax and the
Special Tax shall be held on January 8 2008 at 700 P m or as soon thereafter as
practicable at the Lake Elsinore Cultural Center located at 183 North Main Street Lake
Elsinore California 92530
Section 8 At the time and place set forth above for the heanng any Interested
person including all persons oWning lands or registered to vote within the proposed
CFD may appear and be heard
Section 9 Each City officer who IS or Will be responsible for the Services and the
FacIlities to be financed by the CFD If It IS established IS hereby directed to study the
proposed CFD and at or before the time of the above mentioned Heanng file a report
with the Council and which IS to be made a part of the record of the Heanng containing
a bnef descnptlon of the Services and the Facilities by type which Will In hiS or her
opinion be required to adequately meet the needs of the CFD and hiS or her estimate of
the cost of providing the Services and the Facilities The City Manager IS directed to
estimate the fair and reasonable cost of all Incidental expenses including the cost of
planning and deSigning the FaCilities to be financed pursuant to the Act including the
cost of environmental evaluations of such facilities all costs associated with the creation
of the CFD Issuance of bonds determination of the amount of any special taxes
collection of any special taxes or costs otherwise Incurred In order to carry out the
authonzed purposes of the City with respect to the CFD and any other expenses
incidental to the construction completion and inspection of the authonzed work to be
paid through the proposed finanCing
3
Agenda Item No 17
Page 19 of 43
Section 10 The City may accept advances of funds from any sources including
pnvate persons or pnvate entities and IS authonzed and directed to use such funds for
any authonzed purpose including any cost Incurred by the City In creating the CFD
The City may enter Into an agreement to repay all of such funds as are not expended or
committed for any authorized purpose at the time of the election on the levy of the
Services Special Tax and the Special Tax If the proposal to levy such tax should fall
and to repay all of such funds advanced If the levy of the Services Special Tax and the
Special Tax shall be approved by the qualified electors of the CFD
Section 11 The City Clerk IS hereby directed to publish a notice ( Notice) of the
Hearing pursuant to Section 6061 of the Government Code In a newspaper of general
Circulation published In the area of the proposed CFD Such Notice shall contain
Information set forth In Section 53322 of the Act Such publication shall be completed at
least 7 days prior to the date of the Heanng
Section 12 The City Clerk may send a copy of the Notice by first class mail
postage prepaid to each registered voter and to each landowner within proposed CFD
as shown on the last equalized assessment roll Said mailing shall be completed not
less than fifteen (15) days prior to the date of the Hearing
Section 13 Pursuant to Section 53344 1 of the Act the Council hereby reserves
to Itself In ItS sole discretion the right and authonty by subsequent resolution to allow
any owner of property Within the CFD subject to the provIsions of Section 53344 1 of
the Act and those conditions as It may Impose and any applicable prepayment
penaltIes as prescribed In the bond Indenture or comparable Instrument or document to
tender to the CFD treasurer In full payment or part payment of any Installment of the
special taxes or the Interest or penalties thereon which may be due or delinquent but
for which a bill has been received any bond or other obligation secured thereby the
bond or other obligation to be taken at par and credit to be given for the accrued Interest
shown thereby computed to the date of tender
Section 14 The voting procedure With respect to the establishment of the CFD
and the ImpOSition of the special tax shall be by hand delivered or mailed ballot election
Section 15 This Resolution shall take effect from and after the date of Its
passage and adoption
4
Agenda Item No 17
Page 20 of 43
PASSED APPROVED AND ADOPTED at a regular meeting of the City CouncIl
of the City of Lake Elsinore California this 27th day of November 2007
ROBERT E MAGEE
MAYOR
ATTEST
VIVIAN M MUNSON
CITY CLERK
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
5 Agenda Item No 17
Page 21 of 43
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 27th day of November 2007
and that the same was adopted by the following vote
AYES
NOES
ABSENT
ABST AI N
VIVIAN M MUNSON
CITY CLERK
6
Agenda Item No 17
Page 22 of 43
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO 2007 5
OF THE CITY OF LAKE ELSINORE
(RED KITE)
The following sets forth the Rate and Method of Apportionment for the levy and collection
of Special Taxes of the City of Lake Elsinore Community Facilities District No 20075 (Red
Kite) ( CFD No 2007 5) The Special Tax shall be levied on and collected each Fiscal
Year In an amount determined through the application of the Rate and Method of
Apportionment described below All of the real property within CFD No 2007 5 unless
exempted by law or by the provIsions hereof shall be taxed for the purposes to the extent
and In the manner herein provided
SECTION A
DEFINITIONS
The terms hereinafter set forth have the follOWing meanings
Acre or Acreage means the land area of an Assessor s Parcel as shown on an
Assessor s Parcel Map or If the land area IS not shown on an Assessor s Parcel Map the
land area shown on the applicable Final Map parcel map condominium plan or other
recorded County parcel map or similar Instrument The square footage of an Assessor's
Parcells equal to the Acreage multiplied by 43 560
Act means the Mello Roos Communities Facilities Act of 1982 as amended being
Chapter 2 5 Part 1 of DIVISion 2 of TItle 5 of the Govemment Code of the State of California
Administrative Expenses means the follOWing actual or reasonably estimated costs
directly related to the administration of CFD No 2007 5 the costs of computing the Special
Taxes and preparing the Special Tax collection schedules (whether by the City or deSignee
thereof or both) the costs of collecting the Special Taxes (whether by the City or otherwise)
the costs of remitting the SpeCial Taxes for FaCilities to the Trustee the costs of the Trustee
(Including legal counsel) In the discharge of the duties required of It under the Indenture the
costs to the City CFD No 2007 5 or any deSignee thereof of complYing with arbitrage rebate
requirements the costs to the City CFD No 2007 5 or any deSignee thereof of complYing
with disclosure requirements of the City CFD No 2007 5 or obligated persons associated
with applicable federal and state securities laws and the Act the costs associated with
preparing Special Tax disclosure statements and responding to public Inquiries regarding the
Special Taxes the costs of the City CFD No 2007 5 or any deSignee thereof related to an
appeal of the Special Tax the costs associated with the release of funds from an escrow
account and the City s annual administration fees and third party expenses Administrative
Expenses shall also Include amounts estimated by the CFD Administrator or advanced by
the City or CFD No 2007 5 for any other administrative purposes of CFD No 2007 5
Including attorney s fees and other costs related to commencing and pursuing to completion
any foreclosure of delinquent Special Taxes
CIty of Lake Elsmore
Commumty FaCIlItIes Dlstnct No 2007 5 (Red Kite)
November 15 2007
Agenda Item No 17
f13ge123 of 43
Apartment Property means all Assessor s Parcels of Residential Property on which one
or more Apartment Units are constructed
Apartment Umt means a dwelling Unit within a bUilding comprised of attached residential
units available for rental by the general public not for sale to an end user and under
common management
Approved Property means all Assessor s Parcels of Taxable Property (I) that are
Included In a Final Map that was recorded prior to the January 151 preceding the Fiscal Year
In which the Special Tax IS being levied and (II) that have not been Issued a bUilding permit
on or before May 1st preceding the Fiscal Year In which the Special Tax IS being leVied
Assessor s Parcel means a lot or parcel shown on an Assessor s Parcel Map with an
assigned Assessor's Parcel Number valid at the time the Special Tax IS enrolled for the
Fiscal Year for which the Special Tax IS being leVied
Assessor's Parcel Map means an offiCial map of the Assessor of the County
deSignating parcels by Assessor s Parcel Number
Assessor's Parcel Number means that number assigned to an Assessor's Parcel by
the County for purposes of Idenliflcatlon
ASSigned Special Tax for FacIlities means the Special Tax of that name described In
Section 0 below
Backup Special Tax for FacIlities means the Special Tax of that name described In
Seclion E below
Bonds means any obligation to repay a sum of money Including obligations In the form
of bonds notes certificates of partiCipation long term leases loans from government
agencies or loans from banks other financial Institutions private bUSinesses or
Individuals or long term contracts or any refunding thereof to which SpeCial Taxes for
FaCIlities within CFD No 2007 5 have been pledged
BUlldmg Square Footage or BSF' means the square footage of liVing area of a
reSidential structure not including any carport walkway garage overhang patio enclosed
patio or Similar area on an Assessor's Parcel The determination of BUilding Square
Footage shall be made by reference 0 the bUilding permlt(s) for the Assessor's Parcel or
Similar offiCial document means selected by the CFD Administrator Once such
determination has been made for an Assessor s Parcel It shall remain fixed In all Future
Years
"Calendar Year" means the period commencing January 1 of any year and ending the
follOWing December 31
CFD Admmlstrator means an offiCial of the City or deSignee thereof responSible for (I)
determining the SpeCial Tax ReqUirement for FaCIlities (II) determining the SpeCial Tax
ReqUirement for Services as defined In Section L as applicable and (III) prOViding for the
levy and collection of the SpeCial Taxes
City of Lake Elsmore
COmtnumty FacIlitIes Dlstnct No 2007 5 (Red Klle)
November 15 2007
Agenda Item No 17
~~40f43
CFD No 20075 means Community FacIlities District No 20075 (Red Kite) established
by the City under the Act
City means the City of Lake Elsmore
City Council means the City Council of the City of Lake Elsinore acting as the
Legislative Body of CFD No 2007 5 or ItS designee
County means the County of Riverside
Developed Property means all Assessor s Parcels ofTaxable Property not classified as
Approved Property Undeveloped Property ProvIsional Undeveloped Property that are not
Exempt Property pursuant to the provIsIons of Section J below (I) that are mcluded m a
Fmal Map that was recorded prior to the January 1st precedmg the FIscal Year m which the
Special Tax IS bemg levied and (II) a bUlldmg permit for new construction has been Issued
on or before May 1st precedmg the Fiscal Year In which the Special Tax IS being levied
Exempt Property means all Assessor's Parcels designated as being exempt from
Special Taxes pursuant to Section J below
Fmal Map means a subdivIsion of property by recordation of a fmal map parcel map or
lot line adjustment pursuant to the SubdivIsion Map Act (California Government Code
Section 66410 et seq ) or recordation of a condominium plan pursuant to California CIvil
Code 1352 that creates mdlvlduallots for which bUlldmg permits may be Issued without
further subdivIsion
Fiscal Year means the period commencing on July 1 of any year and ending the
followmg June 30
Indenture means the mdenture fiscal agent agreement resolution or other Instrument
pursuant to which Bonds are Issued as modified amended and/or supplemented from
time to time and any mstrument replacmg or supplementmg the same
Land Use Type means any of the types listed m Table 1 of Section D
Maximum Special Tax for FacIlities means the maximum Special Tax for FacIlities
determmed m accordance with Section C that can be levied by CFD No 2007 5 In any
Fiscal Year on any Assessor's Parcel
Non Residential Property means all Assessor s Parcels of Developed Property for
which a bUilding permit was Issued for any type of non residential use
Partial Prepayment Amount means the amount required to prepay a portion of the
Special Tax for Facilities obligation for an Assessor s Parcel as desCribed m Section H
Prepayment Amount means the amount required to prepay the Special Tax for
FacIlities obligation In full for an Assessor s Parcel as desCribed m Section G
CIty of Lake Elsmore
Commumty FaCIlItIes D,stnct No 2007 5 (Red Kite)
November 15 2007
Agenda Item No 17
iP~6125 of 43
Proportionately means that the ratio of the actual SpeCial Tax for Facilities levy to the
applicable Assigned Special Tax for Facilities IS equal for all applicable Assessor's Parcels
In case of Developed Property subject to the apportionment of the Special Tax for FaCilities
under step four of Section F Proportionately In step four means that the quotient of (a)
actual Special Tax for FaCilities less the Assigned Special Tax for FaCilities diVided by (b)
the Backup Special Tax for FaCilities less the Assigned Special Tax for FaCilities IS equal
for all applicable Assessor's Parcels
ProvIsional Undeveloped Property means all Assessor s Parcels of Taxable Property
that would otherwise be classified as Exempt Property pursuant to the prOVIsions of
Section J but cannot be classified as Exempt Property because to do so would reduce the
Acreage of all Taxable Property below the required minimum Acreage set forth In Section
J
ReSidential Property means all Parcels of Developed Property for which a bUilding
permit has been Issued for purposes of constructing one or more reSidential dwelling units
Single Family Property means all Parcels of ReSidential Property other than Apartment
Property for which bUilding permits have been Issued for detached or attached residential
Units
Single Family Umt means a residential dwelling unit other than an Apartment Unit
Special Tax means any of the special taxes authOrized to be levied by CFD No 2007 5
pursuant to the Act
Special Tax for FaCIlities means any of the special taxes authOrized to be levied Within
CFD No 20075 pursuant to the Act to fund the SpecIal Tax ReqUIrement for FaCilities
Special Tax Requirement for FaCIlities means the amount required In any Fiscal Year
to pay (I) the debt service or the periodiC costs on all outstanding Bonds due In the
Calendar Year that commences In such Fiscal Year (II) Administrative Expenses (III) the
costs associated With the release of funds from an escrow account (IV) any amount
required to establish or replenish any reserve funds established In association With the
Bonds (v) an amount equal to any anticipated shortfall due to Special Tax for FaCilities
delinquencies and (VI) the collection or accumulation of funds for the acqUisition or
construction offacllitles authOrized by CFD No 2007 5 prOVided that the inclUSion of such
amount does not cause an Increase In the levy of Special Tax for FaCilities on
Undeveloped Property as set forth In Step Three of Section F (VII) any amount required to
establish or replenish any delinquency management funds established In association With
the Special Taxes less (VIII) any amounts available to pay debt service or other periodiC
costs on the Bonds pursuant to the Indenture
Taxable Property means all Assessor's Parcels Within the boundanes of CFD No 2007
5 which have not prepaid the Special Tax for FaCilities obligation In full pursuant to Section
G or are not Exempt Property
Trustee means the trustee fiscal agent or paYing agent under the Indenture
CIty of Lake Elsmore
Commumty FaCIlItIes Dlstnct No 2007 5 (Red Kite)
November 15 2007
Agenda Item No 17
f'laWe'l26 of 43
Undeveloped Property means all Assessor's Parcels ofTaxable Property which are not
Developed Property Approved Property or ProvIsional Undeveloped Property
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year beginning with Fiscal Year 2008-09 each Assessor s Parcel within CFD
No 2007 5 shall be classified as Taxable Property or Exempt Property In addition each
Assessor s Parcel of Taxable Property shall be further classified as Developed Property
Approved Property Undeveloped Property or ProvIsional Undeveloped Property In
addition each Assessor s Parcel of Developed Property shall further be classified as
Residential Property or Non Residential Property Lastly each Assessor's Parcel of
Residential Property shall further be classified as a Single Family Property or Apartment
Property and each Assessor's Parcel of Single Family Property shall be assigned to ItS
appropriate ASSigned Special Tax for FacIlities rate based on the BUilding Square Footage
for such Assessor s Parcel
SECTION C
MAXIMUM SPECIAL TAX FOR FACILITIES
1 Develooed Prooerty
The MaXimum Special Tax for Facilities for each Assessor s Parcel of Single Family
Property In any Fiscal Year shall be the greater of (I) the ASSigned SpeCial Tax for
FacIlities or (II) the Backup SpeCial Tax for Facilities
The MaXimum SpeCial Tax for FacIlities for each Assessor s Parcel of Apartment
Property or Non Residential Property shall be the applicable ASSigned SpeCial Tax
for FaCilities described In Table 1 of Section D
Prior to the Issuance of Bonds the ASSigned SpeCial Tax for FacIlities on Developed
Property set forth In Table 1 may be reduced In accordance with and subject to the
conditions set forth In thiS paragraph If It IS reasonably determined by the CFD
Administrator that the overlapping debt burden (as defined In the Statement of
Goals and Policies for the Use of the Mello Roos Communltv FacIlities Act of 1982
adopted by the City CounCil the Goals and Policies) calculated pursuant to the
Goals and Policies exceeds the City s maximum level objective set forth In such
document the ASSigned SpeCial Tax for Facilities on Developed Property may be
reduced (by modifying Table 1) to the amount necessary to satisfy the City s
objective with respect to the maximum overlapping debt burden level with the written
consent of the CFD Administrator In order to reduce the MaXimum SpeCial Tax for
FacIlities on Developed Property It may be necessary to reduce the MaXimum
SpeCial Tax for FacIlities for Undeveloped Property The reductions permitted
pursuant to thiS paragraph shall be reflected In an amended Notice of SpeCial Tax
Lien which the City shall cause to be recorded by executing a certificate In
substantially the form attached hereto as Exhibit A
CIty of Lake Elsmore
Commumty FaClhtIes D,stnct No 20075 (Red Kite)
November 15 2007
Agenda Item No 17
P'~27 of 43
2 MultiPle Land Use Tvpe
In some Instances an Assessor s Parcel of Developed Property may contain more
than one Land Use Type The Maximum Special Tax for Facilities levied on an
Assessor s Parcel shall be the sum of the Maximum Special Tax for Facilities for all
Land Use Types located on the Assessor's Parcel The CFD Administrator s
allocation to each type of property shall be final
3 Approved Property. Undeveloped Property and ProvIsional Undeveloped
Property
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as
Approved Property Undeveloped Property or ProvIsional Undeveloped Property In
any Fiscal Year shall be the applicable Assigned Special Tax for FaCilities
SECTION D
ASSIGNED SPECIAL TAX FOR FACILITIES
1 Developed Property
Each Fiscal Year each Assessor's Parcel of Single Family Property Apartment
Property or Non ReSidential Property shall be subject to an Assigned Special Tax
for FaCilities The Assigned Special Tax for FaCilities applicable to an Assessor's
Parcel of Developed Property for Fiscal Year 2008 09 shall be determined pursuant
to Table 1 below
TABLE 1
ASSIGNED SPECIAL TAX FOR FACILITIES RATES
FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2008-09
Land Use Type BUilding Square Rate
Footaae
Single Family Propertv Less than 2 101 $2 528 per Single Famllv Unit
Single Family Property 2 201 2 300 $2619 per Single Family Unit
Single Family Property Greater than 2 300 $3672 per Single Family Unit
Apartment Property N/A $22 530 per Acre
Non ReSidential Property N/A $22 530 per Acre
2 Approved Property. Undeveloped Property and ProvIsional Undeveloped
Property
Each Fiscal Year each Assessor's Parcel of Approved Property Undeveloped
Property and ProvIsional Undeveloped Property shall be subject to an Assigned
Special Tax for FaCilities The Assigned Special Tax for FaCilities rate for an
Assessor s Parcel claSSified as Approved Property Undeveloped Property and
ProvIsional Undeveloped Property for Fiscal Year 2008 09 shall be $22530 per Acre
CIty of Lake Elsmore
CommunIty FacIlIties DIstrIct No 2007 5 (Red KIte)
November 15 2007
Agenda Item No 17
~8 of 43
SECTION E
BACKUP SPECIAL TAX FOR FACILITIES
Atthe time a Final Map IS recorded the Backup Special Tax for FacIlities for all Assessor's
Parcels of Developed Property classified or reasonably expected to be classified as a
Single Family Property within such Final Map area shall be determined by (I) multiplYing (a)
the Maximum Special Tax for FacIlities rate for Undeveloped Property by (b) the total
Acreage of Taxable Property In such Final Map area excluding Acreage classified as
ProvIsional Undeveloped Property Acreage classified or reasonably expected to be
classified as Apartment Property or Non Residential Property and any Acreage reasonably
expected to be classified as Exempt Property In such Final Map area and (II) dividing the
results In (I) by the total number of Single Family Units reasonably expected to be
constructed within such Final Map area The resulting quotient shall be the Backup Special
Tax for FacIlities for each Assessor s Parcel of Single Family Property within such Final
Map area
The Backup Special Tax for FacIlities shall not apply to Non Residential Property or
Apartment Property
Notwithstanding the foregoing If Assessor s Parcels of Developed Property which are
classified or to be classified as Single Family Property are subsequently changed or
modified by recordation of a lot line adjustment or similar Instrument then the Backup
Special Tax for FacIlities for the area that has been changed or modified shall be
recalculated based on the methodology above to equal the amount of Backup Special
Tax for FacIlities that would have been generated If such change did not take place
SECTION F
METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES
Commencing Fiscal Year 2008 09 and for each subsequent Fiscal Year the City Council
shall levy Special Taxes for FacIlities on all Taxable Property In accordance with the
follOWing steps
Step One The Special Tax for FacIlities shall be leVied Proportionately on each
Assessor s Parcel of Developed Property at up to 100% of the applicable
ASSigned Special Tax for Facilities rates In Table 1 to satisfy the Special Tax
ReqUirement for FacIlities
Step Two If additional moneys are needed to satisfy the Special Tax ReqUirement for
FaCilities after the first step has been completed the Special Tax for
FacIlities shall be leVied Proportionately on each Assessor's Parcel of
Approved Property at up to 100% of the MaXimum Special Tax for FacIlities
applicable to each such Assessor s Parcel as needed to satisfy the Special
Tax ReqUirement for FacIlities
City of Lake ElSInore
Cornmumty Faclhtles DlStTlCt No 2007 5 (Red Klle)
November 15 2007
Agenda Item No 17
~e 729 of 43
Step Three If additional moneys are needed to satisfy the Special Tax Requirement for
FacIlities after the first two steps have been completed the Special Tax for
FacIlities shall be leVied Proportionately on each Assessor s Parcel of
Undeveloped Property up to 100% of the MaXimum Special Tax for Facilities
applicable to each such Assessor s Parcel as needed to satisfy the Special
Tax ReqUirement for FaCilities
Step Four If additional moneys are needed to satisfy the Special Tax ReqUirement for
FaCIlities after the first three steps have been completed then the Special
Tax for FaCIlities on each Assessor's Parcel of Developed Property whose
MaXimum Special Tax for FacIlities IS the Backup Special Tax for FaCIlities
shall be Increased Proportionately from the ASSigned Special Tax for
FaCIlities up to 100% of the Backup Special Tax for FaCIlities as needed to
satisfy the Special Tax ReqUirement for FaCIlities
Step Five If additional moneys are needed to satisfy the Special Tax ReqUirement for
FaCIlities after the first four steps have been completed the Special Tax for
FacIlities shall be leVied Proportionately on each Assessor's Parcel of
ProvIsional Undeveloped Property up to 100% of the MaXimum Special Tax
for FaCIlities applicable to each such Assessor s Parcel as needed to satisfy
the Special Tax ReqUirement for FaCIlities
Notwithstanding the above under no circumstances Will the Special Tax for FaCIlities leVied
against any Assessor s Parcel of Residential Property for which an occupancy permit for
private reSidential use has been Issued be Increased by more than ten percent as a
consequence of delinquency or default by owner of any other Assessor's Parcel Within CFD
No 2007 5
SECTION G
PREPAYMENT OF SPECIAL TAX FOR FACiliTIES
The follOWing additional definitions apply to thiS Section G
CFD Public FaCIlities means $1 379 734 expressed In 2007 dollars which shall
Increase by the Construction Inflation Index on July 1 2008 and on each July 1 thereafter
or such lower amount (I) determined by the City CounCil as suffiCient to prOVide the public
facilities under the authOrized bonding program for CFD No 2007 5 or (II) determined by
the City Council concurrently With a covenant that It Will not Issue any more Bonds to be
supported by SpeCial Taxes for FaCIlities leVied under thiS Rate and Method of
Apportionment
Construction Fund means an account speCifically Identified In the Indenture or
functionally eqUivalent to hold funds which are currently available for expenditure to
acquire or construct public faCIlities eligible under CFD No 2007 5
Construction InflatIon Index means the annual percentage change In the Engineering
News Record BUilding Cost Index for the city of Los Angeles measured as ofthe Calendar
CIty of Lake Elsmore
Commumty Faclht!es DlStnct No 2007 5 (Red KIte)
November 15 2007
Agenda Item No 17
~elBO of 43
Year which ends In the prevIous Fiscal Year In the event this Index ceases to be
published the Construction Inflation Index shall be another Index as determined by the City
that IS reasonably comparable to the Engineering News Record BUilding Cost Index for the
city of Los Angeles
Future FacIlities Costs means the CFD Public FacIlities minus public facIlity costs
available to be funded through eXisting construction or escrow accounts or funded by the
Outstanding Bonds and minus public facIlity costs funded by Interest earnings on the
Construction Fund actually earned prior to the date of prepayment
Outstandmg Bonds means all previously Issued Bonds Issued and secured by the levy
of SpeCial Taxes for FacIlities which Will remain outstanding after the first Interest and/or
principal payment date follOWing the current Fiscal Year excluding Bonds to be redeemed
at a later date With the proceeds of prior prepayments of SpeCial Taxes for FacIlities
The SpeCial Tax for FaCIlities obligation of an Assessor's Parcel of Developed Property or
an Assessor's Parcel of Approved Property or Undeveloped Property for which a building
permit has been Issued or IS expected to be Issued or an Assessor's Parcel of ProvIsional
Undeveloped Property may be prepaid In full prOVided that there are no delinquent SpeCial
Taxes penalties or Interest charges outstanding With respect to such Assessor's Parcel at
the time the SpeCial Tax for FaCIlities obligation would be prepaid The Prepayment
Amount for an Assessor's Parcel eligible for prepayment shall be determined as descnbed
below
An owner of an Assessor's Parcel intending to prepay the SpeCial Tax for FacIlities
obligation shall provide the CFD Administrator With written notice of Intent to prepay
Within 30 days of receipt of such notice the CFD Administrator shall notify such owner of
the Prepayment Amount of such Assessor s Parcel The CFD Administrator may charge a
reasonable fee for proViding thiS service Prepayment must be made not less than 45 days
prior to the next occurnng date that notice of redemption of Bonds from the proceeds of
such prepayment may be given by the Trustee pursuant to the Indenture
The Prepayment Amount for each applicable Assessor's Parcel shall be calculated
according to the follOWing formula (capitalized terms defined below)
plus
plus
plus
plus
less
less
equals
Bond Redemption Amount
Redemption Premium
Future FaCIlities Amount
Defeasance Cost
Administrative Fee
Reserve Fund Credit
Capitalized Interest Credit
Prepayment Amount
As of the date of prepayment the Prepayment Amount shall be calculated as follows
CIty of Lake Elsmore
CommunIty FacIlllles DistrIct No 2007 5 (Red KIte)
November 15 2007
Agenda Item No 17
~931 of43
1 For an Assessor's Parcel of Developed Property compute the
Assigned Special Tax for FacIlities and Backup Special Tax for
FacIlities If any applicable to the Assessor's Parcel For an
Assessor's Parcel of Approved Property or Undeveloped Property
compute the Assigned Special Tax for FacIlities and the Backup
Special Tax for FacIlities as though It was already designated as
Developed Property based upon the bUilding permit Issued or
expected to be Issued for that Assessor s Parcel For an Assessor s
Parcel of ProvIsional Undeveloped Property compute the Assigned
Special Tax for FacIlities for that Assessor s Parcel
2 For each Assessor's Parcel of Developed Property Approved
Property Undeveloped Property or ProvIsional Undeveloped Property
to be prepaid (a) divide the Assigned Special Tax for FacIlities
computed pursuant to paragraph 1 for such Assessor s Parcel by the
sum ofthe estimated Assigned Special Tax for FacIlities applicable to
all Assessor s Parcels ofTaxable Property at bUlldout as reasonably
determined by the City and (b) divide the Backup SpeCial Tax for
FacIlities computed pursuant to paragraph 1 for such Assessor s
Parcel by the sum of the estimated Backup SpeCial Tax for FacIlities
applicable to all Assessor s Parcels of Taxable Property at bUlldout
as reasonably determined by the City
3 Multiply the larger quotient computed pursuant to paragraph 2(a) or
2(b) by the Outstanding Bonds The product shall be the Bond
Redemption Amount
4 Multiply the Bond Redemption Amount by the applicable redemption
premium If any on the Outstanding Bonds to be redeemed With the
proceeds of the Bond Redemption Amount ThiS product IS the
Redemption Premium
5 Compute the Future FaCilities Cost
6 Multiply the larger quotient computed pursuant to paragraph 2(a) or
2(b) by the amount determined pursuant to paragraph 5 to determine
the Future FaCilities Cost to be prepaid (the Future FaCilities
Amount)
7 Compute the amount needed to pay Interest on the Bond Redemption
Amount to be redeemed With the proceeds of the Prepayment
Amount until the earliest redemption date for the Outstanding Bonds
8 Determine the actual SpeCial Tax for FaCIlitIes levied on the
Assessor s Parcel In the current Fiscal Year which has not yet been
paid
Clly of Lake Elsmore
Commumty Faclhl1es DlStnCt No 2007 5 (Red Klle)
November 15 2007
Agenda Item No 17
~32of43
9 Estimate the amount of Interest earnings to be derived from the
reinvestment of the Bond Redemption Amount plus the Redemption
Premium until the earliest redemption date for the Outstanding Bonds
10 Add the amounts computed pursuant to paragraph 7 and 8 and
subtract the amount computed pursuant to paragraph 9 This
difference IS the Defeasance Cost
11 Estimate the administrative fees and expenses associated with the
prepayment including the costs of computation of the Prepayment
Amount the costs of redeeming Bonds and the costs of recording
any notices to eVidence the prepayment and the redemption This
amount IS the Administrative Fee
12 Calculate the Reserve Fund Credit as the lesser of (a) the expected
reduction In the applicable reserve requirements If any associated
with the redemption of Outstanding Bonds as a result of the
prepayment or (b) the amount derived by subtracting the new reserve
requirements In effect after the redemption of Outstanding Bonds as a
result of the prepayment from the balance In the applicable reserve
funds on the prepayment date Notwithstanding the foregoing If the
reserve fund requirement IS satisfied by a surety bond or other
Instrument at the time of the prepayment then no Reserve Fund
Credit shall be given Notwithstanding the foregoing the Reserve
Fund Credit shall In no event be less than 0
13 If any capitalized Interest for the Outstanding Bonds Will not have
been expended as of the date Immediately follOWing the first Interest
and/or principal payment follOWing the current Fiscal Year a
capitalized Interest credit shall be calculated by multiplYing the larger
quotient computed pursuant to paragraph 2(a) or 2(b) by the expected
balance In the capitalized Interest fund or account under the Indenture
after such first Interest and/or principal payment ThiS amount IS the
Capitalized Interest Credit
14 The Prepayment Amount IS equal to the sum of the Bond Redemption
Amount the Redemption Premium the Future FacIlities Amount the
Defeasance Cost and the Administrative Fee less the Reserve Fund
Credit and the Capitalized Interest Credit
15 From the Prepayment Amount the amounts computed pursuant to
paragraphs 3 4 10 12 and 13 shall be deposited Into the
appropriate fund as established under the Indenture and used to
retire Outstanding Bonds or make debt service payments The
amount computed pursuant to paragraph 6 shall be deposited Into the
Construction Fund The amount computed pursuant to paragraph 11
shall be retained by CFD No 2007 5
City of Lake Elsmore
Commumty Fac1l1l1es DIstnct No 2007 5 (Red Kite)
November IS 2007
Agenda Item No 17
~eB3 of 43
The Special Tax for FacIlities prepayment amount may be insufficient to redeem a full
$5000 Increment of Bonds In such cases the Increment above $5 000 or Integral multiple
thereof will be retained In the appropnate fund established under the Indenture to be used
with the next prepayment of Bonds or to make debt service payments
With respect to a Special Tax for FacIlities obligation that IS prepaid pursuant to this
Section G the City Council shall Indicate In the records of CFD No 2007 5 that there has
been a prepayment of the Special Tax for Facilities obligation and shall cause a SUitable
notice to be recorded In compliance with the Act within thirty (30) days of receipt of such
prepayment to indicate the prepayment of the Special Tax for FacIlities obligation and the
release of the Special Tax for FacIlities lien on such Assessor's Parcel and the obligation
of such Assessor's Parcel to pay such Special Taxes for FacIlities shall cease
Notwithstanding the foregoing no prepayment will be allowed unless the amount of Special
Tax for FacIlities that may be levied on Taxable Property net of Administrative Expenses
shall be at least 1 1 times the regularly scheduled annual Interest and pnnclpal payments
on all currently Outstanding Bonds In each future Fiscal Year
SECTION H
PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The Special Tax for FacIlities obligation of an Assessor s Parcel of Developed Property or
an Assessor s Parcel of Approved Property or Undeveloped Property for which a bUilding
permit has been Issued or IS expected to be Issued or and Assessor s Parcel of
ProvIsional Undeveloped Property as calculated In thiS Section H below may be partially
prepaid prOVided that there are no delinquent Special Taxes penalties or Interest charges
outstanding with respect to such Assessor s Parcel at the time the Special Tax for FacIlities
obligation would be prepaid
The Partial Prepayment Amount shall be calculated according to the follOWing formula
PP = (PG - A) x F + A
The terms above have the follOWing meanings
PP = the Partial Prepayment Amount
PG = the Prepayment Amount calculated according to Section G
F = the percent by which the owner of the Assessor s Parcel IS partially
prepaYing the Special Tax for FacIlities obligation
A = the Administrative Fee calculated according to Section G
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner s Intent to partially prepay the Special Tax for FaCIlities and
the percentage by which the Special Tax for FacIlities shall be prepaid The CFD
Administrator shall provide the owner With a statement of the amount required for the
partial prepayment ofthe Special Tax for Facilities for an Assessor's Parcel Within 30 days
of the request and may charge a reasonable fee for prOViding thiS service With respect to
Clly of Lake Elsmore
Commumty Faclhl1es Dlstflct No 2007 5 (Red Kite)
November 15 2007
Agenda Item No 17
lP~e:{34 of 43
any Assessor s Parcel that IS partially prepaid the City Council shall (I) distribute the funds
remitted to It according to Section G and (II) indicate In the records of CFD No 2007 5 that
there has been a partial prepayment of the Special Tax for FacIlities obligation and shall
cause a sUitable notice to be recorded In compliance with the Act within thirty (30) days of
receipt of such partial prepayment of the Special Tax for FacIlities obligation to indicate the
obligation of such Assessor s Parcel to pay such prepaid portion of the Special Tax for
FacIlities shall cease
Notwithstanding the foregoing no partial prepayment will be allowed unless the amount of
Special Tax for FaCilities that may be levied on Taxable Property after such partial
prepayment net of Administrative Expenses shall be at least 1 1 times the regularly
scheduled annual Interest and principal payments on all currently Outstanding Bonds In
each future Fiscal Year
SECTION I
TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax for FacIlities shall be
levied on all Assessor's Parcels subject to the Special Tax for FacIlities The Special Tax
for Facilities shall cease not later than the 2047 2048 Fiscal Year however the Special
Taxes for FaCIlities will cease to be levied In an earlier Fiscal Year Ifthe CFD Administrator
has determined (I) that all required Interest and principal payments on the CFD No 2007 5
Bonds have been paid (II) all authOrized faCIlities for CFD No 2007 5 have been acquired
and all reimbursements to the developer have been paid (III) no delinquent Special Taxes
for FaCIlities remain uncollected and (IV) all other obligations of CFD No 2007 5 have been
satisfied
SECTION J
EXEMPTIONS
The City shall claSSify as Exempt Property In order of priority (I) Assessor s Parcels which
are owned by Irrevocably offered for dedication encumbered by or restricted In use by the
State of California Federal or other local governments including school districts (II)
Assessor s Parcels which are used as places of worshIp and are exempt from ad valorem
property taxes because they are owned by a religious organization (III) Assessor s Parcels
which are owned by Irrevocably offered for dedication encumbered by or restricted In use
by a homeowners association (IV) Assessor s Parcels With public or utility easements
making Impractical their utilization for other than the purposes set forth In the easement (v)
Assessor s Parcels which are privately owned and are encumbered by or restricted solely
for public uses or (VI) Assessor's Parcels restricted to other types of public uses
determined by the City CounCil proVided that no such claSSification would reduce the sum
of all Taxable Property to less than 5 55 Acres
Notwithstanding the above the City CounCil shall not claSSify an Assessor s Parcel as
Exempt Property If such classification would reduce the sum of all Taxable Property to less
than 5 55 Acres Assessor's Parcels which cannot be classified as Exempt Property
Clly of Lake Elsmore
CommunIty FaClhl1es Dlstnct No 2007 5 (Red KIte)
November 15 2007
Agenda Item No 17
flllaQe335 of 43
because such classificatIOn would reduce the Acreage of all Taxable Property to less than
5 55 Acres will be classified as ProvIsional Undeveloped Property and will be subject to
Special Taxes pursuant to Step Five In Section F
SECTION K
MANNER OF COLLECTION OF SPECIAL TAX FOR FACILITIES
The Special Tax for FacIlities shall be collected In the same manner and at the same time
as ordinary ad valorem property taxes provided however that CFD No 2007 5 may
collect SpeCial Taxes for FacIlities at a different time or In a dIfferent manner If necessary
to meet ItS finanCial obligations and may covenant to foreclose and may actually foreclose
on delinquent Assessor s Parcels as permitted by the Act
SECTION L
SPECIAL TAX FOR SERVICES
The following additional definitions apply to thiS Section L
Developed Multifamily Umt means a residential dwelling Unit Within a bUilding In which
each of the indiVidual dwelling Units has or shall have at least one common wall With
another dwelling Unit and a bUilding permit has been Issued by the City for such dwelling
unit on or prior to May 1 preceding the Fiscal Year In which the SpeCial Tax for Services IS
being leVied
Developed Smgle Family Umt means a residential dwelling Unit other than a Developed
Multifamily Unit on an Assessor s Parcel for which a bUilding permit has been Issued by the
City on or prior to May 1 preceding the Fiscal Year In which the SpeCial Tax for Services IS
being leVied
MaXImum SpeCial Tax for Services means the maximum SpeCial Tax for Services that
can be leVied by CFD No 2007 5 In any Fiscal Year on any Assessor s Parcel
Operatmg Fund means a fund that shall be maintained for CFD No 2007 5 for any
Fiscal Year to pay forthe actual costs of maintenance related to the Service Area and the
applicable Administrative Expenses
Operating Fund Balance means the amount of funds In the Operating Fund at the end
of the preceding Fiscal Year
Service Area means parks open space and storm drainS
SpeCial Tax for Services means any of the speCial taxes authOrized to be leVied Within
CFD No 2007 5 pursuant to the Act to fund the SpeCial Tax ReqUirement for Services
CIty of Lake Elsmore
CommunIty FaCIlItIes D,stnct No 2007 5 (Red KIte)
November 15 2007
Agenda Item No 17
~e't36 of 43
Special Tax Requirement for Services' means the amount determined In any Fiscal
Year for CFD No 2007 5 equal to (I) the budgeted costs directly related to the Service
Area including maintenance repair and replacement of certain components of the Service
Area which have been accepted and maintained or are reasonably expected to be
accepted and maintained dUring the current Fiscal Year (II) Administrative Expenses and
(III) anticipated delinquent Special Taxes for Services based on the delinquency rate In
CFD No 2007 5 for the prevIous Fiscal Year less (IV) the Operating Fund Balance as
determined by the CFD Administrator
1 Rate and Method of Apportionment of the Special Tax for Services
Commencing Fiscal Year 2008 2009 and for each subsequent Fiscal Year the City
Council shall levy Special Taxes for Services on (I) all Assessor's Parcels containing a
Developed Single Family Unit or Developed Multifamily Unit and (II) all Assessor s
Parcels of Non ReSidential Property up to the applicable MaXimum Special Tax for
Services to fund the Special Tax ReqUirement for Services
The MaXimum Special Tax for Services for Fiscal Year 2008 2009 shall be $25681 per
Developed Single Family Unit $12841 per Developed Multifamily Unit and $578 36
per Acre for each Assessor s Parcel of Non ReSidential Property
On each July 1 commencing July 1 2009 the MaXimum Special Tax for Services shall
be Increased by two percent (2 00%) of the amount In effect In the prior Fiscal Year
2 Duration of the Special Tax for Services
The Special Tax for Services shall be leVied In perpetuity to fund the Special Tax
ReqUirement for Services unless no longer required as determined at the sole
discretion of the City Council
3 Collection of the Special Tax for Services
The Special Tax for Services shall be collected In the same manner and at the same
time as ordinary ad valorem property taxes proVided however that CFD No 2007 5
may collect the Special Tax for Services at a different time or In a different manner If
necessary to meet ItS funding requirements
SECTION M
APPEALS
Any property owner claiming that the amount or application ofthe Special Tax IS not correct
may file a written notice of appeal with the CFD Administrator not later than twelve months
after haVing paid the first Installment of the Special Tax that IS disputed The CFD
Administrator shall promptly review the appeal and If necessary meet with the property
owner consider written and oral eVidence regarding the amount of the Special Tax and
rule on the appeal If the CFD Administrator s deCISion requires that the Special Taxforan
Assessor s Parcel be modified or changed In favor of the property owner a cash refund
CIty of Lake Elsmore
CommunIty FacIlItIes DistrIct No 2007 5 (Red KIte)
November 15 2007
Agenda Item No 17
f!llI€les37 of 43
shall not be made (except for the last year of levy) but an adjustment shall be made to the
Special Tax on that Assessor s Parcel In the subsequent Fiscal Year(s)
The City Council may Interpret this Rate and Method of Apportionment for purposes of
clarifying any ambigUity and make determinations relative to the annual administration and
levy of the Special Taxes and any landowner or resident s appeals Any deCISion of the
City Council shall be final and binding as to all persons
City of Lake Elsmore
Commumty FacIlIlles DIstrIct No 2007 5 (Red KIte)
November 15 2007
Agenda Item No 17
~e<88 of 43
EXHIBIT "A"
CITY OF LAKE ELSINORE AND CFD NO 2007 5 CERTIFICATE
1 Pursuant to Section _ of the Rate and Method of Apportionment of Special Tax
(the RMA) the City of Lake Elsinore (the City) and Community Facilities Dlstnct
No 2007 5 of the City of Lake Elsinore ( CFD No 2007 5 ) hereby agree to a
reduction In the MaXimum Special Tax for FaCIlities for Developed Property [wlthm
CFD No 2007 5J
(a) The information In Table 1 relating to the MaXimum Special Tax for FaCIlities for
Developed Property and/or Undeveloped Property within [CFD No 2007 5J shall
be modified as follows
[msert Table 1 showmg effectIVe change to special tax rates and/or msert change to
special tax rates for Undeveloped PropertyJ
2 Table 1 may only be modified pnor to the Issuance of Bonds
3 Upon execution of the Certificate by the City and CFD No 2007 5 the City shall cause
an amended Notice of Special Tax Lien [for the CFD No 20075J to be recorded
reflecting the modifications set forth herein
By execution hereof the underSigned acknowledges on behalf of the CI1ty of Lake
Elsinore and CFD No 2007 5 receipt of this Certificate and modification ofthe RMA as set
forth In this Certificate
CITY OF LAKE ELSINORE
By
Date
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO 2007 5
OF THE CITY OF LAKE ELSINORE
By
Date
City of Lake EIsmore
Commumty FaClhl1es DIstnct No 2007 5 (Red KIte)
November 15 2007
Agenda Item No 17
~e'.39 of 43
J
RESOLUTION NO
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED
INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $2,500 000
WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO 2007 5 (RED KITE)
WHEREAS the City Council (the Council) of the City of Lake Elsinore (the
City) has heretofore adopted Resolution No (the Resolution of Intention)
stating the Council s intention to form City of Lake Elsinore Community FaCIlities District
No 2007 5 (Red Kite) (the CFD) pursuant to the Mello Roos Community FacIlities Act
of 1982 as amended (the Act) to finance the purchase construction expansion or
rehabilitation of certain real and other tangible property with an estimated useful life of
five years or longer including public Infrastructure faCIlities and other governmental
faCilities which are necessary to meet Increased demands placed upon the CIty as a
result of development or rehabilitation occurring Within the proposed CFD (the
FaCIlities) and
WHEREAS In order to finance the FaCIlities It IS necessary to Incur bonded
Indebtedness In the amounts not to exceed $2 500 000 the repayment of which IS to be
secured by speCial taxes leVied In accordance With Section 53340 et seq of the Act on
all property Within the CFD other than those properties exempted from taxation as
provided In the respective rate and method of apportionment attached as Exhibit A to
the Resolution of Intention
NOW THEREFORE, the City CounCil of the City of Lake Elsinore California
does hereby resolve as follows
Section 1 The above reCitals are true and correct
Section 2 It IS necessary to Incur bonded Indebtedness Within the proposed
CFD In the amount not to exceed $2 500 000 to finance the costs of the FaCIlities
Section 3 The Indebtedness Will be Incurred for the purpose of finanCing the
costs of deSigning constructing and acqUiring the FaCIlities the acquIsition of necessary
equipment and property therefor and fulfilling contractual commitments and carrying out
the powers and purposes of the CFD including but not limited to the finanCing of the
costs associated With the Issuance of the bonds and all other costs necessary to finance
the FaCIlities which are permitted to be financed pursuant to the Act
Section 4 It IS the Intent of the CounCil to authOrize the sale of bonds In one or
more series In the maximum aggregate principal amount not to exceed $2 500 000 at a
maximum Interest rate not In excess of 12 percent per annum or such rate not In excess
of the maximum rate permitted by law at the time the bonds are Issued The term of the
bonds shall be determined pursuant to a resolution of the Council authOriZing the
1
Agenda Item No 17
Page 40 of 43
Issuance of the bonds but such term shall In no event exceed 40 years or such longer
term as IS then permitted by law
Section 5 A public heanng (the Heanng) on the proposed debt Issue shall be
held January 8 2008 at 7 00 P m or as soon thereafter as practicable at the Lake
Elsinore Cultural Center located at 183 North Main Street Lake Elsinore California
92530
Section 6 At the Heanng at the time and place set forth above any Interested
persons including all persons oWning land within the proposed CFD may appear and
be heard at the Heanng
Section 7 The proposition to Incur bonded Indebtedness In the maximum
aggregate pnnclpal amount not to exceed $2 500 000 shall be submitted to the qualified
electors of the CFD A speCial community facIlities dlstnct election shall be conducted
on January 8 2008 The speCial election shall be conducted by hand delivered or
mailed ballot election The ballots shall be returned to the office of the election officer
no later than 11 00 0 clock p m on January 8 2008
Section 8 The City Clerk IS hereby directed to publish a copy of this resolution
which shall serve as notice ( Notice) of the Heanng and the speCial bond election
pursuant to Section 6061 of the Government Code In a newspaper of general Circulation
In the proposed CFD
Section 9 The City Clerk may send a copy of the Notice of the Heanng by first
class mall postage prepaid to each registered voter and to each landowner within the
proposed CFD as shown on the last equalized assessment roll
Section 10 This Resolution shall take effect from and after the date of ItS
passage and adoption
2
Agenda Item No 17
Page 41 of 43
PASSED APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore California this 27th day of November 2007
ROBERT E MAGEE
MAYOR
ATTEST
VIVIAN M MUNSON
CITY CLERK
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
3
Agenda Item No 17
Page 42 of 43
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 27th day of November 2007
and that the same was adopted by the following vote
AYES
NOES
ABSENT
ABST AI N
VIVIAN M MUNSON
CITY CLERK
4
Agenda Item No 17
Page 43 of 43
CITY OF v~
LAKJ: ,6,LSINORf:
~~... DREAM E;(TREMEw
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27 2007
SUBJECT SIDEWALK CONSTRUCTION, VARIOUS LOCATIONS
CHANGE ORDER NO 1
Backaround
There are many locations throughout the City without sidewalks and pedestrians either
walking on uneven ground or walking In the streets dUring rainy weather City CounCil
has directed Staff to pursue funding sources to construct Sidewalks where needed
Funding for this Sidewalk contract IS provided by the Bicycle and Pedestrian Safety
Improvements (SB 821) EDA Community Development Block Grants (CDBG) and
City s Traffic Impact Fees By working with Riverside County Economic Development
Agency (EDA) Staff has been able to Increase the CDBG grant funding contribution to
thIs project The total cost for this year's project IS budgeted at $730 000 On July 24
2007 City CounCil awarded the project to E G N Construction Incorporated
Construction was completed on November 8 2007
DIScuSSion
Construction on this project started on August 18 2007 The Change Order Involved
additional work on the follOWing streets
SCrivener Ave from Poe to Spring Street =
Mohr Street from Heald to Lakeshore Drive =
SCrivener Street from Graham Ave to Lakeshore Drive =
Heald Ave from Mohr Street to Lowell Street =
Lindsay Street from Sumner Ave to Pottery =
$17 10440
$326 50
$23 685 00
$1336225
$3.56335
$58041 50
FlscallmDact
A total of $730 000 was approved for thiS project Total construction Change Order No
1 IS for $58 041 50 Amount of $63 000 was set aSide for change orders Adequate
funds are available for Change Order No 1
Agenda Item No 18
Page 1 of 3
Sidewalk Construction
November 27 2007
Page 2
Recommendations
1 Approve Change Order No 1 for $58 041 50 for E G N Construction Inc
2 Authonze the City Manager to execute Change Order No 1 with E G N
Construction Inc for $58 041 50
Prepared by
David S Solomon
Project Engineer
Ken A Seumalo {tJe<;'
Director of Public Works
Robert A Bradyod\\?
City Manager f
Approved by
Attachment VICInity map
Agenda Item No 18
Page 2 of 3
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CITY OF LAKE ELSINORE
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Agenda Item No 18
Page 3 of 3
CITY OF ~
LAK): 6LSINO~
, I
~.... DREAM EXTREME.
REPORT TO CITY COUNCIL
TO
HONORABLE MAYOR
AND MEMBERS Of THE CITY COUNCIL
fROM
ROBERT A BRADY
CITY MANAGER
DATE
NOVEMBER 27, 2007
AGREEMENT TO REIMBURSE TUMf FUNDS fOR RIGHT-Of-WAY
COSTS Of SR74/115 INTERCHANGE PROJECT
SUBJECT
Backaround
The SR74/115 Interchange project IS a Capital Improvement Project that will modify the
current Interchange to add loop ramps realign the eXisting on/off ramps and construct
a Riverside Dnve bndge overcrosslng 14 5 freeway The project IS programmed to
receive Transportation Uniform Mitigation fee (TUMF) Funds for construction costs In
the amount of $25 630 000
DISCUSSion
In June 2007 the Western Riverside Council of Government (WRCOG) adopted the 5
Year Transportation Improvement Program (TIP) that Includes the SR74/115
Interchange Project Per City s request the TIP programmed $1 5 million dollars of
TUMf Funds for nght of way costs and $24 130 000 for construction related costs In
September 2006 the City Incurred nght of way costs for the project In the amount of
$1 356465 To receive TUMF Fund reimbursement an agreement between WRCOG
and the City IS required This agreement formalizes the reimbursement contract
between WRCOG and the City
flscallmDact
Staff administrative costs will be charged to the project
Agenda Item No 19
Page 1 of 25
Agreement To Reimburse TUMF Funds
November 27 2007
Page 2
Recommendation
Authorize the Mayor to sign an agreement on behalf of the City to receive TUMF
reimbursement
Reviewed by
Ed Basubas
City Traffic Engineer
Ken Seumalo ~S'
Director of Public Works
Prepared by
Approved by
Robert A Brady,<1 ~
City Manager .jl<!lY
Attachments 1 Reimbursement Agreement
2 Location Map
Agenda Item No 19
Page 2 of 25
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
MODEL AGREEMENT TO REIMBURSE TUMF FUNDS
THIS AGREEMENT ( Agreement) IS made and entered mto this day of
200 by and between the WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS ( WRCOG ) and THE CITY OF LAKE ELSINORE WRCOG and the
AGENCY are sometimes collectively referred to herem as the PARTIES
RECITALS
A WRCOG IS the Admlmstrator of the Transportation Umform MItigatIOn Fee
Program of Western Riverside County ( TUMF Program)
B WRCOG has Identified and designated certam transportatIOn Improvement
projects throughout Western Riverside County as projects of regIOnal Importance ( Quahfymg
Projects or ProJects) The Quahfymg Projects are more speCifically descnbed m that certam
WRCOG study entitled TUMF Nexus Study
C The TUMF Program IS funded by TUMF fees paid by new development m
Western Riverside County (collectively TUMF Program Funds) TUMF Program Funds are
held m trust by WRCOG for the purpose of fundmg the QuahfYing Projects
D The AGENCY proposed to Implement a Quahfymg Project and It IS the purpose
of thiS Agreement to Identify the Project and to set forth the terms and conditions by which
WRCOG will finanCially assist the AGENCY
AGREEMENT
NOW THEREFORE m consideratIOn of the mutual covenants and subject to the
conditions contamed herem the PARTIES hereby agree as follows
1 Descnptlon of the Ouahfung ProTect ThiS Agreement IS mtended to dlstnbute
TUMF Program Funds to the Agency for SR74/I15 INTERCHANGE (the ProJect) a
QuahfYing Project A descnptlOn of the Project Its ImplementatIOn schedule a detailed scope of
work and the AGENCY s estimated project cost thereof IS more partIcularly descnbed m
Exhibit A attached hereto and pursuant to Section 19 below IS subject to modificatIOn as
requested by ilie Agency and approved by WRCOG It IS understood and agreed iliat ilie City
shall expend TUMF Program Funds only as set forth m ilie Agreement and only for the Project
To ilils end any use of the funds proVided pursuant to thiS Agreement shall be subject to the
review and approval ofWRCOG
1 of 16
Agenda Item No 19
Page 3 of 25
2 WRCOG Fundmg Amount WRCOG hereby agrees to dlstnbute to AGENCY
on the terms and conditIOns set forth hereIn a sum not to exceed One MIllIon. Three Hundred
Fifty SIX Thousand and Four Hundred SIXty Five dollars ($1.356.465) to be used for
reimbursIng the AGENCY for elIgible project expenses as descnbed In SectIOn 3 hereIn
( FundIng Amount) The PARTIES acknowledge and agree that the FundIng Amount may be
less than the actual cost ofthe Project Nevertheless the PARTIES acknowledge and agree that
WRCOG shall not be oblIgated to contnbute TUMF Program Funds In excess of the maximum
TUMF share IdentIfied In the TUMF Nexus Study ( Maximum TUMF Share)
3 Prolect Costs ElIgJble for Advance/Reimbursement The total Project costs
( Total Project Cost ) may Include the follOWIng Items provided that such Items are Included In
the scope of work attached as Exhibit A (I) AGENCY and/or consultant costs assocIated
with dlfect Project coordInatIon and support (2) funds expended In preparatIon of prelImInary
engIneenng studies (3) funds expended for preparatIOn of envlroumental review documentatIOn
for the Project (4) all costs assocIated with nght of way acquISItIOn IncludIng nght of way
engIneenng appraisal acquISItIon legal costs for condemnatIOn procedures If authonzed by the
AGENCY and costs of reVIeWIng appraisals and offers for property acquIsItIon (5) costs
reasonably Incurred If condemnatIOn proceeds (6) costs Incurred In the preparatIOn of plans
specificatIons and estImates by AGENCY or consultants (7) AGENCY costs associated With
biddIng advertiSIng and awardIng of the Project contracts (8) constructIon costs IncludIng
change orders to constructIon contract approved by the AGENCY and (9) constructIOn
management field mspectIon and matenal testIng costs
4 InelIgJble Prolect Costs The Total Project Cost shall not Include the follOWIng
Items which shall be borne solely by the AGENCY Without reimbursement (I) AGENCY
admInistratIve costs (2) AGENCY costs attnbuted to the preparatIon of InVOices billIngs and
payments (3) any AGENCY fees attnbuted to the processIng of the Project and (4) expenses for
Items of work not mcluded WithIn the scope of work m Exhibit A
5 Procedures for DlstnbutlOn of TUMF Program Funds to AGENCY
(a) ImtIal Payment bv the AGENCY The AGENCY shall be responsible for
InitIal payment of all the Project costs as they are mcurred FollOWIng payment of such PrOject
costs the AGENCY shall submit InVOices to WRCOG requestIng reImbursement of elIgible
Project costs Each InVOice shall be accompamed by detailed contractor InVOices or other
demands for payment addressed to the AGENCY and documents eVidenCIng the AGENCY s
payment of the mVOIces or demands for payment Documents eVidenCIng the AGENCY S
payment of the InVOices shall be retaIned for three (3) years and shall be made available for
review by WRCOG The AGENCY shall submit InVOices not more often than monthly and not
less often than quarterly
(b) Review and Reimbursement by WRCOG Upon receipt of an InVOice
from the AGENCY WRCOG may request additIonal documentatIon or explanatIOn of the
Project costs for whICh reimbursement IS sought Undisputed amounts shall be paid by WRCOG
to the AGENCY WithIn thIrty (30) days In the event that WRCOG dIsputes the elIgibilIty of the
AGENCY for reimbursement of all or a portIOn of an InVOiced amount the Parties shall meet
and confer In an attempt to resolve the dispute If the meet and confer process IS unsuccessful m
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Agenda Item No 19
Page 4 of 25
resolvmg the dispute the AGENCY may appeal WRCOG s declSlon as to the eligibility of one
or more mVOlces to WRCOG s Executive Director The AGENCY may appeal the decIsIOn of
the Executive Director to the full WRCOG Board the declSlon of which shall be final
Additional details concermng the procedure for the AGENCY s submittal of mVOlces to
WRCOG and WRCOG s consideratIOn and payment of submitted mVOIces are set forth m
Exhibit B attached hereto
(c) Fundmg Amount/Adlustment If a post Project audit or reView mdICates
that WRCOG has proVided reimbursement to the AGENCY m an amount m excess of the
maximum eligible TUMF share of the Project as determmed by the TUMF Nexus Study or has
prOVided reimbursement of meligible Project costs the AGENCY shall reimburse WRCOG for
the excess or meligible payments wlthm 30 days of notification by WRCOG
6 Increases m Pr01ect Fundmg The Fundmg Amount may m WRCOG s sole
discretIOn be augmented With additional TUMF Program Funds If the TUMF Nexus Study IS
amended to mcrease the maximum eligible TUMF share for the Project Any such mcrease m
the Fundmg Amount must be approved m wntmg by WRCOG s Executive Dlfector In no case
shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then current
maximum eligible TUMF share for the Project No such mcreased fundmg shall be expended to
pay for any Project already completed For purposes of thiS Agreement the Project or any
portIOn thereof shall be deemed complete upon ItS acceptance by WRCOG s Executive Director
7 No Fundmg for Temporary Improvements Only segments or components of the
Program that are mtended to form part of or be mtegrated mto the Project may be funded by
TUMF Program Funds No Improvement which IS temporary m nature mcludmg but not limited
to temporary roads curbs or dramage faCilities shall be funded With TUMF Program Funds
except as needed for staged constructIOn of the Project
8 AGENCY s Fundmg: ObligatIOn to Complete the Prolect In the event that the
TUMF Program Funds allocated to the Project represent less than the total cost of the Project the
AGENCY shall prOVide such additIOnal funds as may be reqUired to complete the Project as
descnbed m Exhibit A
9 AGENCY s ObligatIOn to Reoav TUMF Program Funds to WRCOG In the
event that (1) the AGENCY for any reason determmes not to proceed With or complete the
Project or (11) the Project IS not timely completed subject to any extensIOn of time granted by
WRCOG pursuant to the terms of thiS Agreement the AGENCY agrees that any TUMF Program
Funds that were dlstnbuted to the AGENCY for the Project shall be repaid m full to WRCOG
The Parties shall enter mto good faith negotiatIOns to establish a reasonable repayment schedule
and repayment mechamsm
10 Term!Notice of CompletIOn The term of thIS Agreement shall be from the date
first herem above wntten until (I) the date WRCOG formally accepts the Project as complete
pursuant to Section 6 (11) termmation of thiS Agreement pursuant to SectIOn 14 or (111) the
AGENCY has fully satisfied ItS obligatIOns under thiS Agreement All applicable mdemmficatlon
provlSlons of thIs Agreement shall remam m effect followmg the termmatlOn of thiS Agreement
3 of 16
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Agenda Item No 19
Page 5 of 25
II Representatives of the Parties WRCOG s Executive Director or his or her
designee shall serve as WRCOG s representative and shall have the authonty to act on behalf of
WRCOG for all purposes under this Agreement The AGENCY hereby designates Lon Moss
City Manager or her designee as the AGENCY s representative to WRCOG The AGENCY s
representattve shall have the authonty to act on behalf of the AGENCY for all purposes under
thiS Agreement and shall coordmate all acttvlttes of the Project under the AGENCY s
responslblltty The AGENCY shall work closely and cooperate fully with WRCOG s
representattve and any other agencies which may have JunsdlctlOn over or an mterest m the
Project
12 Exoendltltre of Funds bv AGENCY Pnor to ExecutIOn of Agreement Nothmg m
this Agreement shall be construed to prevent or preclude the AGENCY from expendmg funds on
the Project pnor to the executton of the Agreement or from bemg reimbursed by WRCOG for
such expenditures However the AGENCY understands and acknowledges that any expenditure
of funds on the Project pnor to the executIOn of the Agreement IS made at the AGENCY s sole
nsk and that some expendltltres by the AGENCY may not be eltgtble for reimbursement under
this Agreement
13 ReVIew of Services The AGENCY shall allow WRCOG s Representattve to
mspect or reVIew the progress of the Project at any reasonable time m order to detenmne whether
the terms of this Agreement are bemg met
14 TermmatlOn
(a) Notice Either WRCOG or AGENCY may by wntten nottce to the other
party termmate this Agreement m whole or m part m response to a matertal breach hereof by
the other Party by gtVlng wntten nottce to the other party of such termmatton and speclfymg the
effecttve date thereof The wntten nottce shall provide a 30 day penod to cure any alleged
breach Dunng the 30 day cure penod the Parties shall diSCUSS m good faIth the marmer m
which the breach can be cured
(b) Effect of TermmatlOn In the event that the AGENCY termmates this
Agreement the AGENCY shall wlthm 180 days repay to WRCOG m full all TUMF Program
Funds provided to the AGENCY under this Agreement In the event that WRCOG termmates
this Agreement WRCOG shall wlthm 90 days dlstnbute to the AGENCY TUMF Program
Funds m an amount equal to the aggregate total of all unpaid mVOlces which have been received
from the AGENCY regardmg the Project at the ttme of the nottce of termmatton provided
however that WRCOG shall be entttled to exercIse ItS nghts under SectIOn 5(b) mcludmg but
not Itmlted to conductmg a review of the mVOlces and requestmg addlttonal mformatton ThIs
Agreement shall termmate upon receipt by the non termmatmg Party of the amounts due It
hereunder
(c) Cumulattve Remedies The nghts and remedies of the Parties proVIded m
this SectIOn are m addltton to any other nghts and remedies provided by law or under this
Agreement
4 of 16
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Agenda Item No 19
Page 6 of 25
15 Prevallmg Wages The AGENCY and any other person or enttty hired to perform
services on the Project are alerted to the reqUIrements of Cahforma Labor Code Secttons 1770 et
sea which would require the payment of prevalhng wages were the services or any portIOn
thereof determmed to be a pubhc work as defined therem The AGENCY shall ensure
comphance With these prevalhng wage reqUIrements by any person or enttty hued to perform the
Project The AGENCY shall defend mdemmfy and hold harmless WRCOG Its officers
employees consultants and agents from any claim or hablhty mcludmg Without hmltatlOn
attorneys fees ansmg from Its failure or alleged failure to comply With Cahfornta Labor Code
SectIOns 1770 et seq
16 Progress Reports WRCOG may request the AGENCY to proVide WRCOG With
progress reports concernmg the status of the Project
17 Indenmlficatton
(a) AGENCY Responslblhttes In addltton to the mdemmficatlOn reqUIred
under Sectton 16 the AGENCY agrees to mdemmfy and hold harmless WRCOG Its officers
agents consultants and employees from any and all claims demands costs or hablhty ansmg
from or connected With all acttVlttes governed by thiS Agreement mcludmg all deSign and
constructIOn acttvlttes due to neghgent acts errors or omiSSIOns or Willful misconduct of the
AGENCY or Its subcontractors The AGENCY Will retmburse WRCOG for any expendlhtres
mcludmg reasonable attorneys fees mcurred by WRCOG m defendmg agamst clatms
ulttmately determmed to be due to neghgent acts errors or omiSSIOns or Willful misconduct of
the AGENCY
(b) WRCOG Responslblhttes WRCOG agrees to mdemmfy and hold
harmless the AGENCY Its officers agents consultants and employees from any and all claims
demands costs or hablhty ansmg from or connected With all acttvlttes governed by thiS
Agreement mcludmg all deSign and constructton activItIes due to neghgent acts errors or
omiSSIOns or Willful misconduct ofWRCOG or ItS sub consultants WRCOG Will reimburse the
AGENCY for any expet1dlhtres mcludmg reasonable attorneys fees mcurred by the AGENCY
m defendmg agamst claims ultimately determmed to be due to neghgent acts errors or omiSSIOns
or Willful misconduct ofWRCOG
(c) Effect of Acceptance The AGENCY shall be responSible for the
profeSSIOnal quahty techmcal accuracy and the coordmatton of any services proVided to
complete the Project WRCOG s review acceptance or fundmg of any services performed by
the AGENCY or any other person or enttty under thiS Agreement shall not be construed to
operate as a waiver of any nghts WRCOG may hold under thiS Agreement or of any cause of
actton ansmg out of thiS Agreement Further the AGENCY shall be and remam hable to
WRCOG m accordance With apphcable law for all datnages to WRCOG caused by the
AGENCY s neghgent performance of thiS Agreement or supervisIOn of any services prOVIded to
complete the Project
18 Insurance The AGENCY shall reqUIre at a mmlmurn all persons or enttttes
hired to perform the PrOject to obtain and reqUIre their subcontractors to obtam msurance of the
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Agenda Item No 19
Page 7 of 25
types and m the amounts descnbed below and satisfactory to the AGENCY and WRCOG Such
msurance shall be mamtamed throughout the term of thIS Agreement or until completIOn of the
Project whIchever occurs last
(a) CommercIal General LIabllItv Insurance Occurrence versIOn commercIal
general lIabIlIty msurance or eqUIvalent form wIth a combmed smgle lImIt of not less than
$1 000 000 00 per occurrence If such msurance contams a general aggregate lImIt It shall apply
separately to the Project or be no less than two times the occurrence lImIt Such msurance shall
(I) Name WRCOG and AGENCY and theIr respective officIals
officers employees agents and consultants as msured wIth respect to performance of the
servIces on the Project and shall contam no specIal lImItatIOns on the scope of coverage or the
protectIOn afforded to these msured
(n) Be pnmary wIth respect to any msurance or self msurance
programs covenng WRCOG and AGENCY and/or theIr respective officIals officers
employees agents and consultants and
(111) Contam standard separatIOn of msured proVIsIOns
(b) Busmess AutomobIle LIabllItv Insurance Busmess automobIle lIabIlIty
msurance or eqUIvalent form wIth a combmed smgle lImIt of not less than $1 00000000 per
occurrence Such msurance shall mclude coverage for owned hued and non owned
automobIles
(c) ProfessIOnal LIabllItv Insurance Errors and omISSIOns lIabIlIty msurance
WIth a lImIt of not less than $1 000 000 00 ProfessIOnal lIabIlIty msurance shall only be reqUIred
of desIgn or engmeenng professIOnals
(d) Workers CompensatIOn Insurance Workers compensation msurance
wIth statutory lImIts and employers lIabIlIty msurance wIth lImIts of not less than $100000000
each accIdent
19 Project Amendments Changes to the charactenstlcs of the Project mcludmg the
deadlme for Project completion and any responsIbIlItIes of the AGENCY or WRCOG may be
requested m wntmg by the AGENCY and are subject to the approval of WRCOG s
Representative whIch approval WIll not be unreasonably wIthheld proVIded that extensIOns of
time for completion of the Project shall be approved m the sole dIscretion of WRCOG s
Representative Nothmg m thIS Agreement shall be construed to reqUIre or allow completIOn of
the Project wIthout full complIance wIth the CalIfornIa EnvIronmental QualIty Act (PublIc
Resources Code Section 21000 et seq CEQA) and the NatIOnal EnvIronmental PolIcy Act of
1969 (42 USC 4231 et seq) If applIcable but the necessIty of complIance wIth CEQA and/or
NEP A shall not JustIfY excuse or permIt a delay m completIOn of the Project
20 ConflIct of Interest For the term of thIS Agreement no member officer or
employee of the AGENCY or WRCOG dunng the term of hIs or her servIce WIth the AGENCY
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Agenda Item No 19
Page 8 of 25
or WRCOG as the case may be shall have any duect mterest m thIS Agreement or obtam any
present or antIcIpated matenal benefit ansmg therefrom
21 LImIted Scope of DutIes WRCOG s and the AGENCY s dutIes and oblIgatIOns
under thIS Agreement are lImIted to those descnbed herem WRCOG has no oblIgatIOn wIth
respect to the safety of any Project performed at a Job sIte In addItIOn WRCOG shall not be
lIable for any actIOn of AGENCY or ItS contractors relatmg to the condemnatIOn of property
undertaken by AGENCY or constructIon related to the Project
22 Books and Records Each party shall mamtam complete accurate and clearly
IdentIfiable records wIth respect to costs mcurred for the Project under thIs Agreement They
shall make avaIlable for exammatIon by the other party ItS authonzed agents officers or
employees any and all ledgers and books of account mVOlces vouchers canceled checks and
other records or documents eVldencmg or related to the expendItures and dIsbursements charged
to the other party pursuant to thIs dIsbursements charged to the other party pursuant to thIs
Agreement Further each party shall furnIsh to the other party ItS agents or employees such
other eVIdence or mformatlOn as they may reqUIre wIth respect to any such expense or
dIsbursement charged by them All such mformatlOn shall be retamed by the PartIes for at least
four (4) years followmg termmatIon of thIS Agreement and they shall have access to such
mformatlOn dunng the four year penod for the purposes of exammatlOn or audIt
23 Equal Opportumtv Emplovrnent The PartIes represent that they are equal
opportumty employers and they shall not dlscnmmate agamst any employee or applIcant of
reemployment because of race relIgIon color natIOnal ongIn ancestry sex or age Such non
dlscnmmatlOn shall mclude but not be lImIted to all actIVItIes related to mltIal employment
upgradmg demotIOn transfer recruItment or recrUItment advertIsmg layoff or termmatlOn
24 Govermng Law ThIs Agreement shall be governed by and construed WIth the
laws of the State ofCahfornm
25 Attornevs Fees If eIther party commences an actIon agamst the other party
ansmg out of or m connectIOn WIth thIs Agreement the preVaIlIng party m such lItIgatIon shall
be entItled to have and recover from the losmg party reasonable attorneys fees and costs of SUIt
26
Agreement
TIme of Essence TIme IS of the essence for each and every proVISIOn of thIs
27 Headmgs ArtICle and SectIon Headmgs paragraph captIons or margInal
headmgs contamed m thIs Agreement are for convemence only and shall have no effect m the
constructIOn or mterpretatIon of any proVISIOn herem
28 PublIc Acknowledgement The AGENCY agrees that all publIc notIces news
releases mformatIon SIgnS and other forms of commumcatIon shall mdlcate that the Project IS
bemg cooperatIvely funded by the AGENCY and WRCOG TUMF Program Funds
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Agenda Item No 19
Page 9 of 25
29 No JOint Venture This Agreement IS for funding purposes only and nothing
herein shall be construed to make WRCOG a party to the constructIOn of the Project or to make
It a partner or JOint venture with the AGENCY for such purpose
30 ComplIance With the Law The AGENCY shall comply with all applIcable laws
rules and regulations governing the Implementation of the QualIfYing Project including where
applIcable the rules and regulations pertaining to the participation of bUSinesses owned or
controlled by mlnontles and women promulgated by the Federal Highway AdmllllstratlOn and
the federal Department of TransportatIOn
31 Notices All notices hereunder and communICatIOns regarding interpretatIOn of
the terms of thiS Agreement or changes thereto shall be provided by the mailIng thereof by
registered or certified mail return receipt requested postage prepaid and addressed as follows
Ifto AGENCY
City of Lake ElSinore
130 South Main Street
Lake Elsinore CA 92530
Attention Bob Brady City Manager
Telephone (951) 6743124 extensIOn 361
FaCSimile (951) 6748761
If to WRCOG
Western RiverSide CounCil of Governments
Riverside County Administrative Center
4080 Lemon Street Third Floor
RiverSide California 92501 3609
AttentIOn Deputy Executive Director
Telephone (951) 955 7985
FaCSimile (951) 787 7991
Any notice so given shall be considered served on the other party three (3) days
after depOSit In the U S mail first class postage prepaid return receipt requested and addressed
to the party at ItS applIcable address Actual notice shall be deemed adequate notice on the date
actual notice occurred regardless of the method of semce
32 IntegratIOn Amendment ThiS Agreement contains the entire agreement between
the PARTIES Any agreement or representatIOn respecting matters addressed herein that are not
expressly set forth In thiS Agreement IS null and VOId This Agreement may be anJended only by
mutual wntten agreement of the PARTIES
33 Severabilltv If any term provISIon conditIOn or covenant of tills Agreement IS
held invalId or unenforceable the remainder of thiS Agreement shall not be affected thereby
34 ConflIcting ProvISIons In the event that proVISions of any attached appendices or
exhibits conflict In any way With the proVISIOns set forth In tills Agreement the language terms
and conditions contained In thiS Agreement shall control the actions and oblIgatIOns of the
Parties and the interpretatIOn of the Parties understanding concerning the Agreement
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Agenda Item No 19
Page 10 of 25
35 Contract Amendment In the event that the Parties determme that the provlSlons
of this Agreement should be altered the Parties may execute a contract amendment to add any
proVIsIOn to thiS Agreement or delete or amend any provIsIOn of thiS Agreement All such
contract amendments must be m the form of a wntten mstrument signed by the ongmal
slgnatones to this Agreement or their successors or deSignees
36 Independent Contractors Any person or entities retamed by the AGENCY or any
contractor shall be retamed on an mdependent contractor basiS and shall not be employees of
WRCOG Any personnel performmg servICes on the Project shall at all times be under the
exclusive directIOn and control of the AGENCY or contractor whichever IS applicable The
AGENCY or contractor shall pay all wages salanes and other amounts due such personnel m
connectIOn with their performance of services on the Project and as reqUired by law The
AGENCY or consultant shall be responsible for all reports and obligatIOns respectmg such
personnel mcludmg but not limited to SOCial secunty taxes mcome tax wlthholdmg
unemployment msurance and workers compensatIOn msurance
37 Effective Date This Agreement shall not be effective until executed by both
parties The failure of one party to execute thiS Agreement wlthm forty five (45) days of the
other party executmg thiS Agreement shall render any executIOn of this Agreement meffectlve
IN WITNESS WHEREOF the PARTIES have caused thiS Agreement to be executed by
their duly authonzed representatives to be effective on the day and year first above wntten
WESTERN RIVERSIDE COUNCIL
OF GOVERNMENTS
CITY OF LAKE ELSINORE
By
By
Rick Bishop
Executive Director
Robert E Magee
Mayor
Attest
City Clerk
APPROVED AS TO FORM
By
City Attorney
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Agenda Item No 19
Page 11 of 25
EXHIBIT A
SCOPE OF SERVICES
The proposed project will modify the Il5/SR74 Interchange to add northbound and southbound
loop off ramps reahgn northbound and southbound on/off ramps construct Riverside Dnve
Overcrossmg across I 15 and widen SR 74 from Colher Avenue to Cambern Avenue The
eXlstmg Interchange IS a compact diamond configuratIOn The total project length IS
approximately 2 5 miles
Fundmg m thiS agreement IS for ROW purposes only At such time as the City IS prepared
for constructIOn and/or mcur other project related costs thiS agreement will need to be amended
to mclude costs for such phase
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Agenda Item No 19
Page 12 of 25
EXHIBIT A 1
ESTIMATE OF COST
TUMF TUMF
PHASE Zone Regional Total Cost by
Funds Funds Phase ($0000 s)
n/a n/a ($0000 s) ($0000 s)
Prelim Engr & Envlro $0 $0 $0 $0 $0
Final Engr (PS & E) $0 $0 $1 5 $00 $1 5
RIght of Way $0 $0 $1 5 $0 $1 356465
Construction $0 $0 $22 630 $0 000 $22 630
Total Cost $0 $0 $25 630 $0 000 $25 630
Note RfW IS partial cost only PSE and Construction phases not funded at thiS time (later
phases)
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Agenda Item No 19
Page 13 of 25
EXHIBIT A 2
PROJECT SCHEDULE
estimated Est Cost
CorT1JIetlon Comrents
(ml)
Date
1 12/31/2008 $1
2 12/31/2009 $15
3 12/31/2009 $270 Includes OC
4 12/31/2013 $58 Includes OC
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Agenda Item No 19
Page 14 of 25
ELEMENTS OF COMPENSATION
EXHIBIT "B"
PROCEDURES FOR SUBMITTAL CONSIDERATION AND PAYMENT OF INVOICES
I For professIOnal services WRCOG recommends that the AGENCY mcorporate this
Exhibit B I mto ItS contracts with any subcontractors to establish a standard method
for preparation of mVOlces by contractors to the AGENCY and ultimately to WRCOG for
reimbursement of AGENCY contractor costs
2 Each month the AGENCY shall submit an mVOlce for eligible Project costs mcurred
dunng the precedmg month The onginal mVOlce shall be submitted to Wrong s
Executive Director With a copy to Wrong s Project Coordmator Each mVOlce shall be
accomparued by a cover letter m a format substantially Similar to that of Exhibit B 2
3 For junsdlctlons With large constructIOn projects (With the total constructIOn cost
exceedmg $10 million) under constructIOn at the same time may With the approval of
WRCOG submit mVOlces to WRCOG for payment at the same time they are received by
the junsdlctlOn WRCOG must receive the mVOlce by the 5th day of the month m order to
process the mVOlce With m 30 days WRCOG Will retam 10% of the mVOlce until all
costs have been venfied as eligible and will release the balance at regular mtervals not
more than quarterly and not less than semi annually If there IS a discrepancy or
meligible costs that exceed 10% of the prevIOus mVOlce WRCOG will deduct that
amount from the next payment
3 Each mVOlce shall mclude documentatIOn from each contractor used by the AGENCY for
the Project listmg labor costs subcontractor costs and other expenses Each mVOlce
shall also mclude a monthly progress report and spreadsheets showmg the hours or
amounts expended by each contractor or Contractor for the month and for the entire
Project to date Samples of acceptable task level documentation and progress reports are
attached as Exhibits B 4 and B 5 All documentatIOn from the Agency s contractors
should be accompanied by a cover letter m a format substantially Similar to that of
Exhibit B 3
4 If the AGENCY IS seekmg reimbursement for direct expenses mcurred by AGENCY
staff for eligible Project costs the AGENCY shall detail the same level of mformatlOn for
ItS labor and any expenses m the same level of detail as reqUired of contractors pursuant
to Exhibit B and ItS attachments
5 Charges for each task and milestone listed m Exhibit A shall be listed separately m the
mVOlce
6 Each mVOlce shall mclude a certificatIOn Signed by the AGENCY Representative or hiS
or her deSignee which reads as follows
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Agenda Item No 19
Page 15 of 25
I hereby certify that the hours and salary rates submitted for reimbursement m this
mVOIce are the actual hours and rates worked and paid to the contractors or contractors
hsted
Signed
Title
Date
InVOIce No
7 WRCOG Will pay the AGENCY wlthm 30 days after receipt by WRCOG of an mVOIce
If WRCOG disputes any portIOn of an mVOIce payment for that portIOn Will be Withheld
Without mterest pendmg resolution of the dispute but the uncontested balance Will be
paid
8 The final payment under thiS Agreement Will be made only after (I) the AGENCY has
obtamed a Release and Certificate of Fmal Payment from each contractor or contractor
used on the Project (n) the AGENCY has executed a Release and Certificate of Fmal
Payment and (m) the AGENCY has proVided copies of each such Release to WRCOG
[Sample for ProfeSSIOnal Services)
For the satisfactory performance and completIOn of the Services under thiS Agreement
Agency Will pay the Contractor compensation as set forth herem The total compensatIOn for
thiS seTVIce shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT~
($_INSERT NUMERICAL DOLLAR AMOUNT~ Without wntten approval of Agency s
City Manager [or apphcable posItion] ( Total CompensatIOn)
1 ELEMENTS OF COMPENSATION
CompensatIOn for the Services Will be compnsed of the followmg elements I I Direct
Labor Costs I 2 Fixed Fee and 1 3 Additional Direct Costs
1 1 DIRECT LABOR COSTS
Direct Labor costs shall be paid m an amount equal to the product of the Direct
Salary Costs and the Multlpher which are defined as follows
1 I 1 DIRECT SALARY COSTS
Direct Salary Costs are the base salartes and wages actually paid to the
Contractor s personnel directly engaged m performance of the Services
2
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Agenda Item No 19
Page 16 of 25
under the Agreement (The range of hourly rates paId to the Contractor s
personnel appears In SectIOn 2 below)
I I 2 MULTIPLIER
The Multiplier to be applied to the DIrect Salary Costs to determIne the
DIrect Labor Costs IS and IS the sum of the
folloWIng components
I I 2 I DIrect Salary Costs
I I 2 2 Payroll AddItives
The DeCimal RatIO of Payroll Additives to Direct Salary Costs Payroll
AddItIves Include all employee benefits allowances for vacatIOn SICk
leave and holidays and company portion of employee Insurance and
SOCIal and retlfement benefits all federal and state payroll taxes premIUms
for Insurance whIch are measured by payroll costs and other contnbutIons
and benefits Imposed by applicable laws and regulatIOns
I I 2 3 Overhead Costs
The DeCimal RatiO of Allowable Overhead Costs to the Contractor Firm s
Total Direct Salary Costs Allowable Overhead Costs Include general
admInIstratIve and overhead costs of maIntaInIng and operatIng
established offices and consIstent WIth established firm poliCIes and as
defined In the Federal AcqulSltlons RegulatIOns Part 31 2
Total MultIPlier
(sum of 1 1 2 1, 1 1 2 2, and 11 2 3)
1 2 FIXED FEE
I 2 I The fixed fee IS $
I 2 2 A pro rata share of the FIxed Fee shall be applied to the total DIrect Labor Costs
expended for servIces each month and shall be Included on each monthly InVOIce
1 3 ADDITIONAL DIRECT COSTS
AddItIonal Dlfect Costs dIrectly IdentIfiable to the performance of the servIces of thIS
Agreement shall be reImbursed at the rates below or at actual InVOIced cost
Rates for IdentIfied AddItIonal DIrect Costs are as follows
ITEM
REIMBURSEMENT RATE
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Agenda Item No 19
Page 17 of 25
{_Insert charges--1
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Bluehne
LD Telephone
Fax
Photographs
$ Iday
$ Imile
$ Itnp
$ /hour
$ lcopy
$ I sheet
$ Icall
$ I sheet
$ Isheet
Travel by air and travel In excess of 100 miles from the Contractor s office nearest to
Agency s office must have Agency s pnor wntten approval to be reimbursed under thiS
Agreement
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Agenda Item No 19
Page 18 of 25
2 DIRECT SALARY RATES
Direct Salary Rates which are the range of hourly rates to be used m deterrmmng Duect
Salary Costs m Section I 1 I above are gIVen below and are subject to the followmg
2 I Direct Salary Rates shall be apphcable to both straight time and overtime work
unless payment of a premIUm for overtime work IS reqUIred by law regulatIOn or
craft agreement or IS otherwise specified m this Agreement In such event the
premIUm portion of Direct Salary Costs will not be subject to the Multlpher
defined m Paragraph I 1 2 above
2 2 Direct Salary Rates shown herem are m effect for one year followmg the effective
date of the Agreement Thereafter they may be adjusted annually to reflect the
Contractor s adjustments to mdlvldual compensation The Contractor shall notify
Agency m wntmg pnor to a change m the range of rates mcluded herem and
pnor to each subsequent change
POSITION OR CLASSIFICA nON RANGE OF HOURLY RATES
f_sample--1
Pnnclpal
Project Manager
Sr Engmeer/Planner
Project Engmeer/Planner
Assoc Engmeer/Planner
Techmclan
Drafter/CADD Operator
Word Processor
$ 00 $ OO/hour
$ 00 $ OO/hour
$ 00 $ OO/hour
$ 00 $ OO/hour
$ 00 $ OO/hour
$ 00 $ OO/hour
$ 00 $ OO/hour
$ 00 $ OO/hour
2 3 The above rates are for the Contractor only All rates for subcontractors to the
Contractor will be m accordance With the Contractor s cost proposal
3 INVOICING
3 1 Each month the Contractor shall submit an mVOIce for ServICes performed dunng
the precedmg month The ongmal mVOIce shall be submitted to Agency s
Executive Director With two (2) copies to Agency s Project Coordmator
3 2 Charges shall be billed m accordance With the terms and rates mcluded herem
unless otherwise agreed m wntmg by Agency s Representative
33 Base Work and Extra Work shall be charged separately and the charges for each
task and Milestone hsted m the Scope of ServICes shall be hsted separately The
charges for each mdlvldual assigned by the Contractor under thiS Agreement shall
be hsted separately on an attachment to the mvolce
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Agenda Item No 19
Page 19 of 25
3 4 A charge of $500 or more for anyone Item of AddItIonal Duect Costs shall be
accompanIed by substantIatmg documentatIon satIsfactory to Agency such as
mVOIces telephone logs etc
3 5 Each copy of each mVOIce shall be accompanIed by a Monthly Progress Report
and spreadsheets showmg hours expended by task for each month and total
project to date
3 6 If apphcable each mVOIce shall mdIcate payments to DBE subcontractors or
supphes by dollar amount and as a percentage of the total mVOIce
3 7 Each mVOIce shall mclude a certIficatIOn sIgned by the Contractor s
RepresentatIve or an officer of the firm whtch reads as follows
I hereby certIfy that the hours and salary rates charged m thIS
mVOIce are the acmal hours and rates worked and paId to the
employees hsted
SIgned
TItle
Date
InvOIce No
4 PAYMENT
4 1 Agency shall pay the Contractor wIthm four to SIX weeks after reCeIpt by Agency
of an ongmal mVOIce Should Agency contest any portIOn of an mVOIce that
portIOn shall be held for resolutIon wIthout mterest but the uncontested balance
shall be paId
4 2 The final payment for ServIces under thIS Agreement wIll be made only after the
Contractor has executed a Release and CertIficate of Fmal Payment
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Agenda Item No 19
Page 20 of 25
"or
EXHIBIT B 2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governrnents
Riverside County Admlmstratlve Center
4080 Lemon Street Thud Floor
Riverside California 92501 3679
AttentIOn Deputy Executive Duector
A TTN Accounts Payable
Re Project Title InvOice #
Enclosed for your review and payment approval IS the AGENCY s mvolce for profeSSIOnal and
technical servIces that was rendered by our contractors m COll11ectIon With the 2002 Measure A
Local Streets and Roads Fundmg per Agreement No effective (Month/DavN ear)
The reqUired support documentation received from each contractor IS mcluded as backup to the
mVOIce
InVOice penod covered IS from Month/DateN ear to Month/DateN ear
Total Authonzed Agreement Amount
$0 000 000 00
Total InVOiced to Date
Total PrevIOusly InVOiced
Balance Remammg
$0 000 000 00
$0 000 000 00
$0 000 000 00
Amount due thIS InVOice
$0,000,000 00
----------
----------
I certify that the hours and salary rates charged III thiS mVOIce are the acrual hours and rates
worked and paid to the contractors listed
By
Name
Title
cc
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Agenda Item No 19
Page 21 of 25
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EXHIBIT B 3
Sample Letter from Contractor to AGENCY
Month/DateN ear
Western Riverside Council of Governments
Riverside County AdmInistratIve Center
4080 Lemon Street Third Floor
RIVerside California 92501 3679
AttentIOn Deputy ExecutIve Director
Attn Accounts Payable
InvOice #
For [type of services) rendered by [contractor name) In connectIOn With [name of proJect)
This IS per agreement No XX XX XXX effectIve Month/DateN ear
InVOice penod covered IS from Month/DateN ear to Month/DateN ear
Total Base Contract Amount
Authonzed Extra Work (If Applicable)
$000 000 00
$000 000 00
TOTAL AUTHORIZED CONTRACT AMOUNT
$000 000 00
Total InVOice to Date
Total PreViously Billed
Balance RemaInIng
$000 000 00
$000 000 00
$000 000 00
Amount Due thiS InVOice
$000 000 00
-~------
-~-------
I certify that the hours and salary rates charged In thiS InVOice are the actual hours and rates
worked and paId to the employees listed
By
Name
Title
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Agenda Item No 19
Page 22 of 25
~I j
EXHIBIT B 4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
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Agenda Item No 19
Page 23 of 25
r
EXHIBIT B 5
Sample Progress Report
REPORTING PERIOD
PROGRESS REPORT
Month/Date/Y ear to Month/Date/Y ear
#1
A ActiVIties and Work Completed dunng Current Work Penods
TASK 01 - 100% PS&E SUBMITTAL
I Responded to Segment I comments from Department of TransportatIOn
2 Completed and submitted Segment I final PS&E
B Current/Potential Problems Encountered & Corrective Action
Problems
Corrective Action
None
None
C Work Planned Next Penod
TASK 01 - 100% PS&E SUBMITTAL
I Completmg and to submit Traffic Signal and Electncal Design plans
2 Respondmg to reVIew comments
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Agenda Item No 19
Page 24 of 25
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Agenda Item No 9
Page 25 of 5
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CITY OF ~
LAIZE 6LS1NORJ:
, ,
~ DREAM E;(TREMEN
REPORT TO CITY COUNCIL
REPORT TO REDEVELOPMENT AGENCY
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
HONORABLE CHAIRMAN
AND MEMBERS OF THE REDEVELOPMENT AGENCY
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27,2007
SUBJECT GENERAL PLAN AMENDMENT NO 2007 14, INDUSTRIAL DESIGN
REVIEW NO 200603 'FAIRWAY BUSINESS PARK"
Backaround
At a regularly scheduled meeting on November 6 2007 the Planning Commission
adopted Resolution No 2007 197 recommending that the City Council adopt Mitigated
Negative Declaration No 2007 05 Resolution No 2007 198 recommending that the
City Council adopt findings that the project IS consistent with the Multiple Species
Habitat Conservation Plan Resolution No 2007 199 recommending City Council
approval of General Plan Amendment No 2007 14 Resolullon No 2007200 approving
Conditional Use Permit No 200721 and Resolution No 2007 201 recommending City
Council approval of Industrial Design Review No 2006 03 The subject property IS
located Within Redevelopment Area No 1
DIscussion
Planning staff presented the proposed project to the Planning Commission Indlcallng
that the developers were requesllng the follOWing entitlements
A General Plan Circulation Map Amendment to realign the planned
extension of a Secondary Highway (Pasadena Street) between Third
Street and Chaney
. A Conditional Use Permit to allow for optional office and showroom uses
and outdoor storage areas onslte
Agenda Item No 20
Page 1 of 112
General Plan Amendment No 2007 14 & Industnal Design Review No 200603
November 27 2007
Page 2 of 4
An Industnal Design Review to construct and establish twenty (20) light
Industnal bUildings with associated onslte Improvements
Staff subsequently recommended that one Planning DIvIsion condition of approval be
modified relating to the provIsion of onslte parking pnor to completron of each
development phase
.
The Public Works Director then recommended that several Englneenng Department
conditions of approval be modified The modifications are assOCiated with the timing of
nght of way dedication street and storm drain Improvements
The project developers subsequently Informed the Planning Commission that they stili
had Issues with two of the recommended conditions of approval The first condition was
Planning DIVISion Condition No 17 which states
Approval for Industnal DeSign ReView No 2006 03 will lapse and be vOid unless
bUilding permits are Issued within one year following the date of approval
The developer Intends to construct the project In three phases over a three year penod
and IS concerned that the above condition could become an Issue assuming economic
or other unforeseen circumstances preclude bUilding permits from being Issued In a
timely manner The developer requested that the one year eXpiration requirement be
extended to three years
The Director of Community Development Informed the Commission that they did not
have the authonty to modify a Municipal Code requirement The Planning Commission
subsequently voted to recommend that the City Council amend the condition to extend
the expiration penod from one to three years to match the developers phaSing plan
The second condition of approval contested by the developer IS Englneenng
Department Condition No 94 which onglnally required the developer to Install traffic
signals at Collier Avenue and Third Street Collier Avenue and Chaney Street and
Mlnthorn Street and Chaney Street After In depth diSCUSSion the Planning Commission
directed the Public Works Director to only require the developer to Install a signal at the
Collier Avenue and Chaney Street intersection The developer IS now being required to
contnbute a fair share to the cost of Installing the other two signals In the future
Overall the Planning Commission indicated they had no other Issues or objections with
the proposed Industnal park and felt that the project would result In a significant
Improvement for the general area
Agenda Item No 20
Page 2 of 112
General Plan Amendment No 2007 14 & Industrral Design Review No 200603
November 27 2007
Page 3 of 4
Fiscal Impact
The proposed Industrral development will have a positive fiscal Impact on the
community and the City In that the proposed use will expand the availability of Job
opportunities as well as creating addltlonallndustrral space
Recommendations
1 Waive further reading and adopt a resolution adopting Mitigated Negative
Declaration No 2007 05
2 Waive further reading and adopt a resolution adopting findings that the
entitlements are consistent with the Multiple Species Habitat Conservation
Plan
3 Waive further reading and adopt a resolution approving General Plan
Amendment No 2007 14
4 Waive further reading and adopt a resolution approving Industrral Design
Review No 2006 03
Staff recommends that the Redevelopment Agency Concur with City Council adoption
of the Resolutions listed above
Prepared by
Matthew CHams
Senior Planner
ReViewed by
Rolfe Prelsendanz ~
Community Development Director {/ "/ / 'l
Robert A BradYl1 Ml,
City Manager '~
Approved by
Attachments
1 Location Map
2 City Council Resolution adopting Mitigated Negative Declaration No 2007 05
3 City Council Resolution making Findings of Consistency with the Multiple
Species Habitat Conservation Plan
4 City Council Resolution approving General Plan Amendment No 2007 14
5 City Council Resolution approving Industrral DeSign ReView No 2006 03
6 Conditions of Approval modified by the Planning Commission
7 Planning Commission Staff Report and Resolutions from November 13 2007
Meeting
Agenda Item No 20
Page 3 of 112
General Plan Amendment No 2007 14 & Industrial Design Review No 2006 03
November 27 2007
Page 4 of 4
8 81/2 x 11 Plan Reductions
9 Full Size Project Plans
10 Initial Study/Mitigated Negative Declaration
Agenda Item No 20
Page 4 of 112
VICINITY MAP
GENERAL PLAN AMMENDMENT No 2007-14
PASADENA STREET REALIGNMENT
CONDITIONAL USE PERMIT No 2007-21/1NDUSTRIAL DESIGN REVIEW No 2006-3
FAIRWAY BUSINESS PARK
Agenda Item No 20
Page 5 of 112
RESOLUTION NO 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED
NEGATIVE DECLARATION NO 200705
WHEREAS the City of Lake Elsinore wishes to commence proceedings to
consider General Plan Amendment No 2007 14 Conditional Use Permit No 200721
and Industnal Design Review No 2006 03 (the Project) and
WHEREAS the Project IS subject to the provIsions of the California
EnVIronmental Ouallty Act (Public Resources Code Sections 21000 et seq CEOA)
and the State Implementation GUidelines for CEOA (14 California Code of Regulations
Sections 15000 et seq CEOA 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 CEOA 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 CEOA GUidelines Section 15070 It was determined
appropnate to prepare and circulate MItigated Negative Declaration No 2007 05 for the
Project (the Negative Declaration) and
WHEREAS pursuant to CEOA GUidelines Section 15072 on July 27
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 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
heanng held with respect to thiS Item on November 27 2007
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 evaluated all comments wntten and
oral received from persons who have reviewed the Mitigated Negative Declaration
1
Agenda Item No 20
Page 6 of 112
SECTION 2 The City Council hereby finds that the Mitigated Negative
Declaration 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 150735 requlnng recirculation of
the Mitigated Negative Declaration are present and that It would be appropnate 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
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
slgmflcant effects would occur
Based upon the Imtlal 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 slgmflcant 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 to the eVidence received and In the light of the whole record presented the
Project Will not have a slgmficant 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 on thiS 27th day of November
2007
ROBERT E MAGEE MAYOR
CITY OF LAKE ELSINORE
ATTEST
VIVIAN MUNSON
CITY CLERK
2
Agenda Item No 20
Page 7 of 112
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
)
) ss
)
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 27th day of November 2007 and that
the same was adopted by the following vote
AYES
NOES
ABSTAIN
ABSENT
VIVIAN M MUNSON
CITY CLERK
3
Agenda Item No 20
Page 8 of 112
RESOLUTION NO 2007
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, Stacey Peterson of McArdle Associates Architects filed an
application with the City of Lake Elsinore requesting approval of General Plan
Amendment No 200714 Conditional Use Permit No 200721 and Industnal Design
Review No 2006 03 for the design and construction of twenty (20) light Industnal
bUildings ranging In size from 6810 square feet to 30989 square feet On a 17 2 acre
site with related Improvements (the Entitlements) located on the north side of Chaney
Street approximately 920 feet west of Mlnthorn Street APN 377 140 124 (the
Property) and
WHEREAS, Section 60 of the MSHCP requires that all prOjects which are
proposed on land covered by an MSHCP cntena 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 Authonty ( RCA ) pnor to public review of the project applications and
WHEREAS Section 6 0 further requires that development projects not
within an MSHCP cntena cell must be analyzed pursuant to the MSHCP Plan Wide
ReqUirements and
WHEREAS the Applications are discretionary In nature and require
review and approval by the Planning Commission and/or City Council and
WHEREAS, the Applications are not within an MSHCP Cntena Cell Core
or Linkage but are within the ElSinore Plan Area of the MSHCP and therefore the
Project was reviewed pursuant to the MSHCP Plan Wide ReqUirements and
WHEREAS, Section 6 0 of the MSHCP requires that the City adopt
consistency findings pnor to approving any discretionary project entitlements for
development of property that IS subject to the MSHCP and
WHEREAS the City Council has been delegated with the responsibility of
determining the consistency of discretionary entitlements with the MSHCP and
WHEREAS, public notice of the Entitlements has been given and the City
Council has considered eVidence presented by the Community Development
Department and other Interested parties at a public heanng held with respect to thiS
Item on November 27 2007
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS
1
Agenda Item No 20
Page 9 of 112
SECTION 1 The City Council has considered the proposed application
and ItS consistency with the MSHCP pnor to making a decIsion to adopt findings that the
Entitlements are consistent with the MSHCP
SECTION 2 That In accordance with the Lake Elsinore Municipal Code
and the MSHCP the City Council makes the following findings
1 The proposed project IS a project under the City s MSHCP Resolution and the
City must make an MSHCP Consistency finding before approval
The Property IS not located wIthIn a MSHCP Cntena Cell However the Property
IS wlthm the Elsmore Plan Area and must be reviewed for consistency with the
MSHCP Plan Wide ReqUirements mcludmg Section 6 1 2 Rlpanan/Rlverme
Areas and Vernal Pool GUldelmes
2 The proposed project IS subject to the City s LEAP and the County s JOint Project
Review processes
As stated above the Property IS not located wlthm a MSHCP Cntena Cell and
therefore the EntJtIements were not revIewed through the LEAP or Jomt Project
Review processes
3 The proposed project IS consistent With the Riparian/Riverine Areas and Vernal
Pools GUidelines
The proposed project would Impact two water features the Lake Elsmore Outlet
Channel located adjacent to the project site and a 0 61 acre ponded feature
located wlthm the project site at the end of Birch Street Accordmg to the
DetermmatlOn of BIOlogically EqUivalent or Supenor Preservation Report
(DBESP) the Lake Elsmore Outlet Channel meets the Multiple Species Habitat
ConservatIOn Plan (MSHCP) defmltlOn of a npanan/nverme resource because It
contams freshwater flow durmg all or a portion of the year The other water
feature does not meet thiS defmltlOn because It IS artifiCially created and does not
have freshwater flow Implementation of the proposed project would directly
Impact 900 square feet (002 acre) of the Lake Elsmore Outlet Channel at each
of three proposed outfall structure locations durmg constructIOn The total Impact
area would be 2 700 square feet (0 06 acre) Should a fourth storm dram outfall
structure be constructed an addItIonal Impact to 900 square feet (002 acre) of
the Lake Elsmore Outlet Channel would occur thereby totalmg 3 600 square feet
(008 acre) As part of the DBESP the project would be reqUired to Implement
mitigatIOn and best management practices (BMPs) as part of a stormwater
pollutIOn preventIOn plan (SWPPP) deSigned to prevent and aVOid Impacts to
water quality wlthm the Lake Elsmore Outlet Channel durmg construction Long
term Impacts would be mmlmlzed through project deSign features mcludmg blo
swales which would treat potential water quality Impacts All potential Impacts to
npanan/nverme habitat have been handled m accordance With the MSHCP In
addition no vernal pools eXIst on the project site therefore due to the lack of
2
Agenda Item No 20
Page 10 of 112
sUitable habitat there IS a very low potentIal for vernal pool specIes to occur The
project IS therefore consIstent wIth the Rlpanan/Rlverme Areas and Vernal Pool
GUldelmes set forth m SectIon 6 1 2 of the MSHCP No further actIon regardmg
thIs sectIon of the MSHCP IS reqUired
4 The proposed project IS consistent with the Protection of Narrow Endemic Plant
Species GUidelines
Per MSHCP reqUirements the Property IS not subject to the Narrow EndemIc
Plant SpecIes GUldelmes set forth m SectIon 6 1 3 No further actIon regardmg
thIs sectIon of the MSHCP IS reqUired
5 The proposed project IS consistent with the Additional Survey Needs and
Procedures
Per MSHCP reqUirements the Property IS not subject to any of the Cntlcal Area
SpecIes Survey Area GUldelmes as set forth m SectIon 6 3 2 ofthe MSHCP wIth
the exceptIOn of Burrowmg Owl No burrowmg owls or burrowmg owl sIgns were
observed wlthm the project sIte or adjacent lands The project sIte does not
support any actIVe burrows or sUitable habitat due to the heavy sot! composItIon
ongomg mechanical dIsturbance of the sIte and the surroundmg commercIal
urban settmg As reqUired by the MSHCP mItIgation has been mcluded to
conduct a Burrowmg Owl survey 30 days pnor to any ground dIsturbance
mcludmg removal vegetatIon or other debns No further actIon regardmg thIS
sectIon of the MSHCP IS reqUired
6 The proposed project IS consistent with the Urban/Wlldlands Interface
GUidelines
The Property IS surrounded by eXlstmg development or graded parcels planned
for development Therefore the Urban/Wlldlands Interface GUldelmes set forth
m Section 6 1 4 of the MSHCP are not appltcable No further actIon regardmg
thIS sectIOn of the MSHCP IS reqUired
7 The proposed project IS consistent with the Vegetation Mapping requirements
The project bIologIst has mapped the npanan/nverme resources as part of the
DBESP m accordance with the reqUirements of VegetatIOn Mappmg set forth m
SectIon 6 3 1 of the MSHCP No further actIon regardmg thIS sectIon of the
MSHCP IS reqUired
8 The proposed project IS consistent with the Fuels Management GUidelines
As stated above the Property IS surrounded by eXlstmg and planned
development Therefore the Fuels Management GUldelmes as set forth m
Section 6 4 of the MSHCP are not appltcable No further actIon regardmg thIS
sectIOn of the MSHCP IS reqUired
3
Agenda Item No 20
Page 11 of 112
9 The proposed 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 proposed project IS consistent with the MSHCP
The Entitlements are consistent with all applicable 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 hereby adopts findings that the
Entitlements are consistent with the MSHCP
SECTION 4 ThiS Resolution shall take effect from and after the date of
ItS passage and adoption
PASSED APPROVED AND ADOPTED on thiS 27th day of November
2007
ROBERT E MAGEE MAYOR
CITY OF LAKE ELSINORE
ATTEST
VIVIAN MUNSON
CITY CLERK
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
4
Agenda Item No 20
Page 12 of 112
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
)
) ss
)
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 27th day of November 2007 and that
the same was adopted by the following vote
AYES
NOES
ABSTAIN
ABSENT
VIVIAN M MUNSON
CITY CLERK
5
Agenda Item No 20
Page 13 of 112
RESOLUTION NO 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA APPROVING GENERAL PLAN
AMENDMENT NO 200714
WHEREAS, the City of Lake Elsinore IS considering an amendment to the
General Plan Circulation Map General Plan Amendment No 2007 14 which Will
change the alignment of the Pasadena Street Extension (the General Plan
Amendment) allowing for the development of a light industrial park Fairway Business
Park and
WHEREAS the City Council of the City of Lake Elsinore has been
delegated With the responsibility of makIng changes to the approved General Plan
Circulation Map and
WHEREAS, public notice of the General Plan Amendment has been
given and the City Council has conSidered eVidence presented by the Community
Development Department and other Interested parties at a public hearing held With
respect to this Item on November 27 2007
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 General Plan
Amendment prior to making a decIsion to approve the proposed amendment to the
City s Circulation map The City Council finds and determines that Mitigated Negative
Declaration No 2007 05 IS adequate and prepared In accordance With the requirements
of the California Environmental Quality Act (CEQA)
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 General Plan Amendment No 2007 14
1 The proposed General Plan Amendment Will not be a) detrimental to the health
safety comfort or general welfare of the persons reSiding or working Within the
neighborhood of the proposed amendment or Within the City or b) InJurious to the
property or Improvements In the neighborhood or Within the City
a The deSign of the proposed Pasadena Street extension realignment
between Thlfd Street and Chaney Street IS based upon the Fairway
Busmess Park Traffic Impact AnalYSIS prepared by Kunzman and
ASSOCiates dated February 26 2007 The study analyzed vanous
alternative alignments
1
Agenda Item No 20
Page 14 of 112
\
b Weighing the relatIVe ments of the alternatIVe alignments the alIgnment
shown on the attached ExhIbit A IS considered the preferred alignment
c The proposed realignment has been conditioned to ensure that It will not
be detnmental to the health safety comfort or general welfare of the
persons resIding working or traveling within the neighborhood of the
proposed amendment
2 The proposed General Plan Amendment will not have a significant effect on the
environment
The General Plan Amendment does not propose any slgmficant change to
eXIsting land use desIgnations and will not result In any slgmflcant enVironmental
Impacts as explained In MItigated NegatIVe DeclaratIOn No 2007 05
SECTION 3 Based upon all of the eVidence presented and the above
findings the City Council hereby approves General Plan Amendment No 2007 14
SECTION 4 ThiS Resolution shall take effect from and after the date of
ItS passage and adoption
PASSED, APPROVED AND ADOPTED on thiS 27th day of November
2007
ROBERT E MAGEE MAYOR
CITY OF LAKE ELSINORE
ATTEST
VIVIAN MUNSON
CITY CLERK
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
2
Agenda Item No 20
Page 15 of 112
\
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
)
) ss
)
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 27th day of November 2007 and that
the same was adopted by the following vote
AYES
NOES
ABSTAIN
ABSENT
VIVIAN M MUNSON
CITY CLERK
3
Agenda Item No 20
Page 16 of 112
EXHIBIT A
Proposed Pasadena street Realignment
/
/
/
, /
, /
"'"
,(
,
,
,
,
-ta'
'l,j#"
Q.~,
,
.
.
.
.
.
.
.
.
Now
Recommended
Site
.
.
.
.
.
.
.
.
)
,
,
,
Legend
. .. = Pasadena Street Current
General Plan After Realignment
- = Pasadena Street Alignment
o = Traffic Signal
,
"
Agenda Item No 20
Page 17 of 112
RESOLUTION NO 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL
DESIGN REVIEW NO 2006 03
WHEREAS Stacey Peterson of McArdle Associates Architects filed an
application with the City of Lake Elsinore requesting approval of Industnal Design
Review No 2006 03 for the design and construction of twenty (20) light Industnal
bUildings ranging In size from 6810 square feet to 30989 square feet on a 172 acre
site with related Improvements (the ProJect) located on the north side of Chaney
Street approximately 920 feet west of Mlnthorn Street APN 377 140 124 (the
Property) and
WHEREAS the City Council of the City of Lake ElSinore has been
delegated with the responsibility of approving Industnal design review applications and
WHEREAS on November 27 2007 at a duly noticed public heanng the
City Council considered eVidence presented by the Community Development
Department and other Interested parties with respect to thiS Item
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS
SECTION 1 The City Council has considered the Industnal Design
RevIew pnor to making a decIsion to approve the application The City Council finds that
the Industnal Design Review satisfies all requirements set forth In Chapter 17 82 of the
Lake ElSinore MUnicipal Code
SECTION 2 The City Council has conSidered the Mitigated Negative
Declaration No 2007 05 and has determined that the MitIgated Negative Declaration
has been prepared In compliance with the California Environmental Quality Act
SECTION 3 That In accordance with the State Planning and Zoning Law
and the Lake ElSinore Municipal Code the City Council makes the following findings for
the approval of Industnal DeSign ReView 2006 03
1 The Project as approved will comply with the goals and objectives of the
General Plan SpeCific Plan and the ZOning Dlstnct In which the Project IS
located
The Project compIles wIth the goals and objectIves of the General Plan
because It WIll assIst In achIeVing the development of a well balanced and
functIOnal mIx of resIdentIal commercIal Industnal open space recreatIOnal
and Instttutlonal land uses The Project Will serve to greater dIverSIfy and
expand Lake ElSinore s economIc base
1
Agenda Item No 20
Page 18 of 112
2 The Project complies with the design directives contained In the General Plan
Urban Design Element and all other applicable provIsions of the Lake
Elsinore MUnicipal Code
The Project IS appropriate to the site and surroundmg developments m that
the I1ght mdustrlal park cons/stmg of twenty (20) bUlldmgs has been designed
m consideration of the size and shape of the property SuffiCient setbacks and
enhanced onslte landscapmg have been provided thereby creatmg mterest
and varymg Vistas as a person moves along abuttmg streets and wlthm the
park In additIOn safe and effiCient circulation has been achieved onslte
The Project Will compl1ment the qual1ty of eXlstmg development and Will create
a visually pleasmg non detractive relationship between the proposed
development and eX/stmg projects through the use of a Contemporary
architectural design that IS s/mtlar to eX/stmg mdustnal developments m the
VIClntty A variety of architectural elements and colors are proposed mcludmg
recessed bUlldmg entries multiple parapet heights decorative score Imes and
eye brow canopies In addition proposed neutral tone colors Will serve to
blend with surroundmg developments and provide eVidence of a concern for
qual1ty and orlgmallty
3 Subject to the attached conditions of approval the Project IS not antiCipated to
result In any significant adverse environmental Impacts
The City Council has considered the Mitigated NegatIVe Declaration No
2007 05 and has determmed that the Mitigated NegatIVe Declaration has
been prepared m compl1ance with the Cal1fornta Environmental Quality Act
All potential Impacts can be mitigated to less than s/gntficant levels and as
such the Project wtll not have a s/gntflcant effect on the enVironment
4 Conditions and safeguards pursuant to Chapter 17 82 070 of the Zoning
Code Including guarantees and eVidence of compliance with conditions have
been Incorporated Into the approval of the Project to ensure development of
the property In accordance with the objectives of Chapter 17 82
Pursuant to Section 17 82 070 of the Lake Elsmore Muntclpal Code the
Project has been scheduled for consideration and approval of the City Council
on November 27 2007
SECTION 4 Based upon all of the eVidence presented the above
findings and the conditions of approval Imposed upon the Project the City Council
hereby approves Industnal Design Review 200603
SECTION 5 ThiS Resolution shall take effect from and after the date of
ItS passage and adoption
2
Agenda Item No 20
Page 19 of 112
PASSED, APPROVED AND ADOPTED on thIs 27th day of November
2007
ROBERT E MAGEE MAYOR
CITY OF LAKE ELSINORE
ATTEST
VIVIAN MUNSON
CITY CLERK
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
)
) ss
)
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 27th day of November 2007 and that
the same was adopted by the follOWing vote
AYES
NOES
ABSTAIN
ABSENT
VIVIAN M MUNSON
CITY CLERK
3
Agenda Item No 20
Page 20 of 112
CONDITIONS OF APPROVAL FOR
.
GENERAL PLAN AMENDMENT NO 2007 04
CONDITIONAL USE PERMIT Nb 2007'21 AND
INDUSTRIAL DESIGN REVIEW NO 2006 03
n
"FAIRWAY BUSINESS PARK'
PLANNING DEPARTMENT
General Conditions
1 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 agamst 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 concernmg the
MSHCP Consistency Fmdmgs General Plan Amendment No 2007 04
Conditional Use Permit No 2007 21 Industrial Design Review No 2006 03
and any related determinations
2 The applicant shall deliver to the Plannmg Department a cashier s check or
money order made payable to the Riverside County Clerk In the amount of
$1 86400 to enable the City to file the Notice of Determination Said filing fee
shall be proVided to the City within 48 hours of project approval
3 Applicant shall place a weatherproof 3 x 3 sign at the entrance to the project
site Identlfymg the approved days and hours of construction activity and a
statement that complamts regardmg the operation can be lodged with the City
of Lake Elsmore Code Enforcement DIVIsion at (951) 674 3124
4 All Conditions of Approval shall be reproduced upon page one of bUlldmg
plans submitted to the BUilding and Safety DIVISion for Plan Check
5 Applicant shall comply with all applicable mitigation measures listed In the
Mitigation MOnitoring Program associated with the Mitigated Negative
Declaration for the Fairway Busmess Park
6 Pnor to Issuance of any grading or bUlldmg permits the Applicant shall sign
and complete an Acknowledgement of Conditions and shall return the
executed onglnal to the Community Development Department for mcluslon m
the case records
7 The Applicant shall comply With all requirements of the City s Grading
Ordmance Construction generated dust and erosion shall be mitigated In
accordance With the proVISions of Lake Elsmore MUnicipal Code Chapter
15 72 and usmg accepted control techniques Interim erosion control
measures shall be prOVided thirty (30) days after the site s rough grading as
approved by the City Engineer
Plannmb ( omffil'i'ilOIl Approval
NOH11lbcr 6 2007
Agenda Item No 20
Page 21 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 2 OF 14
8 The Applicant shall comply with the City s NOise Ordinance Notwithstanding
the foregoing with regard to hours of operation construction activity shall be
limited to the hours of 7 00 AM to 5 00 PM Monday through Fnday and no
construction activity shall occur on Saturdays Sundays or legal holidays
9 The proposed location of onslte construction trailers shall be approved by the
Community Development Director or Designee A cash bond of $1 00000
shall be required for any construction trailers placed on the site and used
dunng construction Bonds will be released after removal of trailers and
restoration of the site to an acceptable state subject to the approval of the
Community Development Director or Designee
10 The Applicant shall comply With all applicable City codes and ordinances
Conditional Use Permit No 2007 21
11 The Conditional Use Permit shall comply With all applicable requirements of
the Title 17 of the Lake ElSinore MUniCipal Code unless modified by
approved Conditions of Approval
12 The Conditional Use Permit granted herein shall run With the land and shall
continue to be valid upon a change of ownership of the site or structure which
was the subject of thiS approval
13 Pnor to approval of tenant Improvement plans for eIther office or showroom
uses Within BUildings ABC & D the property owner shall prepare and
submit an onslte parking study to the Community Development Department
for review and approval The study shall demonstrate that adequate parking
spaces either currently eXist onslte or will eXist pnor to commencement of a
proposed use Within BUildings A B D & D Commercial or other uses
reqUlnng parking spaces at a ratIo of 1 per 250 square feet wIll be permitted
only after a parking study shOWing adequate spaces for peak parking times
IS approved by the Director of Community Development or his/her deSignee If
the final site plan demonstrates that all LEMC parking requirements have
been complied With the Director of Community Development shall have the
authonty to waive the onslte parking study requirement
14 Extenor secunty lighting shall be shielded and directed on site so as not to
create glare onto nelghbonng properties The proposed light fixtures shall
compliment the bUilding architecture and shall be reviewed and approved by
the Director of Community Development or DeSignee
15 All secunty measures requested by the Riverside County Shenff s
Planmnb (01l1ml~<"lOn Approval
l\O\l mbcr 6 2007
Agenda Item No 20
Page 22 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE30F14
Department shall be followed and adhered to at all times
16 Outdoor storage matenals shall not be vIsible from public nghts of way or
adjacent properties In addition no matenals shall be stored higher than the
adjacent screening method
Industrial Design RevIew No 2006 03
17 Approval for Industnal Design Review No 2006 03 Will lapse and be vOid
unless bUilding permits are Issued within one (1) year follOWing the date of
approval
18 Unless speCifically provided otherwise In these conditions any alteration or
expansion of a project for which there has been a Design Review approval
as well as all applications for modification or other change In the conditions of
approval of a Design Review shall be applied for In accordance with the
provIsions of Section 17 82 120
19 No structure which has received a DeSign ReView or Minor DeSign ReView
approval shall be occupied or used In any manner or receive a Certificate of
Occupancy until the Director of Community Development has determined that
all Conditions of Approval have been compiled with
20 All site Improvements approved with this request shall be constructed as
indicated on the approved site plan and elevations RevIsions to approved
site plans or bUilding elevations shall be subject to the review of the
Community Development Director
21 Plan Check shall conform to the submitted plans as modified by Conditions of
Approval or the Planning Commission/City Council through subsequent
action
22 All roof mounted or ground support air conditioning units or other mechanical
equipment incidental to development shall be architecturally screened or
shielded by landscaping so that they are not vIsible from nelghbonng property
or public streets Any matenal covenng the roof equipment shall match the
pnmary wall color
23 Pnor to Issuance of a Certificate of Occupancy for any bUilding onslte a
Uniform Sign Program shall be submitted for review and approval by the
Planning Commission
Plannmg (omITI1~<"lOn Approval
l\o\l11lbcr 6 2007
Agenda Item No 20
Page 23 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 4 OF 14
24 All freestanding and wall mounted slgnage proposed onslte shall comply with
the currently approved Fairway BUSiness Park Uniform Sign Program
document
25 Applicant shall comply With all ADA (Amencans With Disabilities Act)
requirements
26 Trash enclosures shall be constructed per City standards as approved by the
Community Development Director or DeSignee pnor to Issuance of Certificate
of Occupancy
27 No extenor roof ladders shall be permitted
28 All extenor downspouts shall be concealed Within the bUildings
29 Matenals and colors depicted on the plans and matenals board shall be used
unless modified by the Director of Community Development or DeSignee The
colors and matenals Include the following
Color Schedule
Painted Concrete - Field Color
Scheme 1 - Sherwin Williams #sw6141 - Softer Tan
Scheme 2 - Sherwin Williams #sw7043 - Worldly Grey
Painted Concrete - Field Color
Scheme 1 - Sherwm Williams #sw6143 - Basket Beige
Scheme 2 - Sherwin Williams #sw7045 - Intellectual Grey
Painted Concrete - Accent Color
Scheme 1 - Sherwin Williams #sw6144 - Dapper Tan
Scheme 2 - Sherwin Williams #sw7046 - Anonymous
Mullions/Metal Doors
Painted to Match Adjacent Wall Color
Glazmg
y. PPG Sloarcool (2) Azurlite
30 Parking stalls shall be double stnped With four Inch (4 ) lines two feet (2)
apart
Plannmh ( omffil<;<;lon Approval
NO\ll11b<f 6 2007
Agenda Item No 20
Page 24 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 5 OF 14
31 All exposed slopes In excess of three feet (3 ) In height shall have permanent
Irrigation system and erosion control vegetation Installed and approved by the
Planning DIVISion
32 On site surface drainage shall not cross sidewalks
Phasmg Plan
33 The project shall be developed In three phases as shown on and In
accordance With the approved PhaSing Plan Sheets 1 thru 9 An adequate
number of parking spaces as reqUired by the Lake ElSinore MUnicipal Code
shall be avatlable onslte prior to bUilding permit final for each indIVidual
phase Development of parking areas shall be allowed outside of phaSing
plan area If said parking IS needed to meet minimum Lake ElSinore MUnicipal
Code reqUirements (Condition modified by Plannmg Commission on
11/6/07)
34 The Phase 2 and Phase 3 boundary areas shall be temporarily Irrigated and
seeded With a flower mix upon grading until commencement of Phase 2
construction activIties
35 With the exception of a construction trailer and the use thereof no
construction or storage activities In association With Phase 1 shall occur at
any time Within the Phase 2 or Phase 3 boundary areas prior to
commencement of Phase 2 or Phase 3 construction actIVIties
36 Certificates of Occupancy/BUlldlng Permit Finals shall be Issued In three
phases Phase 1 shall Include BUildings M N P Q R S T U V Phase 2
shall Include Buildings E F G H J K L Phase 3 shall Include BUildings A
BCD
Prior to Issuance of BUlldmg/Gradmg PermIt
37 Prior to Issuance of Building Permit the Applicant shall submit a photometric
study to the Commumty Development Department for review and approval
The study shall show locations of all exterior lighting fixtures and shall verify
that a minimum 1 foot candle of Illumination IS achieved throughout the onslte
parking area Moreover the study shall demonstrate that a minimum of 5 foot
candles are achieved at bUilding entrances
38 All exterior wall mounted and freestanding light fixtures shall be submitted for
review and approval by the Director of Commumty Development Light
fixtures shall compliment the architectural style of the bUildings onslte
Plannmb ( Ol11ffil<o;<;lon Appro\1al
No;cmber 6 2007
Agenda Item No 20
Page 25 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 6 OF 14
39 The color finish and pattern of all decorative paving onslte shall be submitted
for review and approval by the Director of Community Development
40 Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be
submitted reviewed and approved by the City s Landscape Architect
Consultant and the Community Development Director or DeSignee prior
to Issuance of bUilding permit A Landscape Plan Check & Inspection Fee will
be charged prior to final landscape approval
a All planting areas shall have permanent and automatic sprinkler
system with 100% plant and ground cover coverage uSing a
combination of drip and conventional Irrigation methods
b All planting areas shall be separated from paved areas with a SIX Inch
(6 ) high and SIX Inch (6 ) Wide concrete curb
c Plantlngs within fifteen feet (15) of Ingress/egress pOints shall be no
higher than thirty SIX Inches (36 )
d Any ground mounted transformers and mechanical or electrical
eqUipment shall be indicated on landscape plan and screened as part
of the landscaping plan
e Shrubs and vines shall be planted around the onslte trash enclosures
to soften the structures
f Final landscape plans shall Include planting and Imgatlon details and
shall Include all tree and shrub container sizes to be reviewed and
approved by the City s landscape architect consultant
g The landscape plan shall prOVide for ground cover shrubs and trees
and meet all requirements of the City s adopted Landscape GUidelines
Special attention to the use of Xerlscape or drought resistant plantlngs
with combination drip Irrigation system to be used to prevent excessive
watering
h A Landscape Maintenance Bond shall be prOVided prior to Issuance of
CertJficate of Occupancy The bond shall cover ten percent (10%) of
the total cost of landscaping Improvements onslte Release of the bond
shall be requested by the Applicant at the end of the required one year
maintenance period subject to the approval of the City s Landscape
Architect Consultant and Community Development Director or
DeSignee
Planmnb CommISSIon Appro\al
NO\unbcr (, 2007
Agenda Item No 20
Page 26 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 7 OF 14
All landscaping and Irrigation shall be Installed within affected portion
of any phase at the time a Certificate of Occupancy IS requested for
any bUilding Final landscape plan must be consistent with approved
site plan
J One twenty four Inch (24 ) box sIze tree shall be Installed for every five
parking spaces within the onslte parking area
k One twenty four Inch (24 ) box size tree shall be Installed for every
thirty linear feet (30) of street frontage selected from the approved
City street tree list
The landscape plan shall provide for larger sized plantlngs around the
perimeter of the outdoor storage areas so as to achieve Immediate
screening of these areas The specifiC types of plantlngs and
associated sizes shall be reviewed and approved by the City s
landscape architect consultant
41 Prior to Issuance of bUilding permits Applicant shall provide assurance that
all required fees to the Lake Elsinore Unified School District have been paid
42 Prior to Issuance of bUilding permits the Applicant shall provide assurance
that the Public BUilding Impact Fee has been paid
43 Prior to Issuance of bUilding permIts the Applicant shall provIde assurance
that the Library Capital Improvement Fund fee has been paid
44 Prior to Issuance of bUilding permits the Applicant shall provide assurance
that all Multiple Species Habitat Conservation Plan fees have been paid
45 Prior to Issuance of bUilding permits the Applicant shall provide eVidence that
all RiverSide County Fire Department standards and requirements have been
complied with
ENGINEERING DEPARTMENT
General
46 All Public Works requirements shall be complied with as a condition of
development as specified In the Lake ElSinore MUnicipal Code (LEMC) prior
to Certificate of Occupancy approval
Plannm& ( Ol1lmlSSlOIl Approval
Nmllllbcr (, 2007
Agenda Item No 20
Page 27 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 8 OF 14
47 Pay all Capital Improvement and Plan Check fees (LEMC 1634 Resolution
8526)
48 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 This letter shall be submitted prior to Issuance of
BUilding Permit
49 Construct all public works Improvements per approved street plans (LEMC
12 04) m accordance wIth project phasmg plan Plans must be approved and
Signed by the City Engineer prior to construction Construction shall be
completed pnor to Certificate of Occupancy approval (Condition modified
by Planmng Commission on 11/6/07)
50 Street Improvement plans and speCifications shall be prepared by a Calif
Registered CIvil Engineer Improvements shall be deSigned and constructed
to City of Lake ElSinore Standards Englneenng Staff shall review requests
for the use of Riverside County Road Department Standards latest edition
51 Applicant shall enter Into an agreement With the City for the construction of
public works Improvements and shall post the appropnate bonds pnor to
commencement of work
52 Roadway deSign grade for local streets should not exceed 9% The maximum
grade of 15% should only be used because of deSign constraints
53 Interior streets shall be deSigned With 9% as the deSired grade and
Intersecting streets shall meet at a maximum grade of 6 % for a distance of
50 feet for each leg of the Intersection
54 Pay all fees and meet requirements of encroachment permit Issued by the
Englneenng DIVISion for construction of Improvements Within the City of Lake
ElSinore right of way
55 All compaction reports grade certifications monument certifications (With tie
notes delineated on 8 Y, X 11 Mylar) shall be submitted to the Englneenng
DIVISion before final Inspection of public works Improvements IS scheduled
56 The applicant shall Install 2 permanent bench marks to RiverSide County
Standards one on the centerline at the Intersection of S'd Street and
Pasadena Street and one on the centerline at the intersection of the project s
main entry onto Chaney Street and Chaney Street
Pldnnmb COllumS<.,I011 Approvdl
NO\l11lbcr 6 2007
Agenda Item No 20
Page 28 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 9 OF 14
57 Applicant shall obtaIn all necessary off site easements for off site grading
from the adjacent property owners prior to Issuance of grading permit If
applicable
58 Arrangements for relocation of utility company faCilities (power poles vaults
etc) out of the roadway or away from an access pOint shall be the
responsibility of the property owner or his agent
59 Provide fire protection faCilities as required In writing by Riverside County
Fire
60 Provide street lighting and show lighting Improvements as part of street
Improvement plans Street lights shall be constructed In accordance With the
City Standard street light spacing
61 In accordance With Project phasing plan submit a traffiC control plan showing
all permanent traffiC control devices for both on site and off site Improvements
which shall be approved prior t9 bUlldlR€l l3ermlt ISSblonC9 to occupancy of
corresponding Project phase All traffiC control devices and signing and
striping shall be Installed prior to Issuance of the Certificate of Occupancy for
corresponding phase (Condition modified by Planning Commission on
11/6/07)
62 All Improvement plans shall be digitized At Certificate of Occupancy applicant
shall submit tapes and/or discs which are compatible With City s ARC Info/GIS
or developer to pay $300 per sheet for City digitiZing
63 All utilities except electrical over 12 kv shall be placed underground as
approved by the serving utility
64 Apply and obtain a grading permit With appropriate security prior to bUilding
permit Issuance 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 stili be obtained so that a cursory drainage
and flow pattern inspection can be conducted before grading beginS
65 Provide SOils geology and seismiC report Including street deSign
recommendations Provide final SOils report showing compliance With
recommendations
Pl.mnmh ( omffil<.,"'lon Appro\.11
NO\embcf 6 2007
Agenda Item No 20
Page 29 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 10 OF 14
66 An AlqUls Pnolo study shall be performed on the site to Identify any hidden
earthquake faults and/or liquefaction zones present on site
67 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
68 Pnor to commencement of grading operations applicant to provide to the City
with a map of all proposed haul routes to be used for movement of export
matenal Such routes shall be subject to the review and approval of the City
Engineer
69 Applicant to provide to the City a photographic baseline record of the
condition of all proposed public City haul roads In the event of damage to
such roads applicant shall pay full cost of restonng public roads to the
baseline condition A bond may be required to ensure payment of damages
to the public nght-of way subject to the approval of the City Engineer
70 Project drainage shall be conveyed to a public faCIlity or accepted by adJacent
property owners by a letter of drainage acceptance or conveyed to a drainage
easement
71 All natural drainage traversing site shall be conveyed through the site or shall
be collected and conveyed by a method approved by the City Engineer
72 On site drainage faCIlities conveYing off site drainage shall be contained
Within drainage easements shown on the final map A note should be added
to the final map stating Drainage easements shall be kept free of bUildings
and obstructions
73 Submit Hydrology and Hydraulic Reports for review and approval by City
Engineer pnor to Issuance of BUilding Permit Developer shall mltrgate any
flooding and/or erosion caused by development of site and diverSion of
drainage
74 All drainage faCIlities In thiS tract shall be constructed to Riverside County
Flood Control Dlstnct Standards
75 Storm drain Inlet faCilities shall be appropnately stenciled to prevent Illegally
dumping In the drain system the wording and stencil shall be consistent With
the NPDES program permit and approved by the City Engineer
Plclnmn.b COmffil'i'nOn Approval
},OVLlllbu 6 2007
Agenda Item No 20
Page 30 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 11 OF 14
76 A drainage acceptance letter shall be required from the downstream property
owners for out letting the proposed stormwater run off on private property
77 The Applicant shall be responsible for all Master Planned Drainage fees and
will receive credit for all Master Planned Drainage faCIlities constructed
78 Provide Tract Phasing Plan for the City Engineer s approval
79 Submit Faithful Performance and Labor and Materials Bonds for all public
Improvements for each Phase as approved by the City Engineer
80 Applicant will be required to Install erosion control measures uSing the best
available technology to mitigate any urban pollutants from entering the
watershed
81 Applicant shall proVide the City with proof of hiS haVing filed a Notice of Intent
(NOI) 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
82 Applicant shall obtain approval from Santa Ana Regional Water Quality
Control Board for their storm water pollution prevention plan (SWPPP)
including approval of erosion control for the grading plan pnor to Issuance of
grading permits The applicant shall provide a Water Quality Management
Plan (WQMP) for post construction which descnbes BMP s that will be
Implemented for the development and including maintenance responsibilities
83 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 matenals on
good housekeeping practices that contnbute to protection of stormwater
quality and met the goals of the BMP In Supplement A In the Riverside
County NPDES Drainage Area Management Plan
84 Applicant shall proVide first flush BMP s uSing the best available technology
that will reduce storm water pollutants from parking areas and dnveway
aisles
85 Intersection site distance shall meet the deSign cnterla of the CAL TRANS
DeSign Manual (particular attention should be taken for intersections on the
inside of curves) If site distance can be obstructed a special limited use
easement must be recorded to limit the slope type of landscaping and wall
placement
PI.dnnmh ('omffil<i<;lOll Approval
l\()\ Ullbu 6 2007
Agenda Item No 20
Page 31 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 12 OF 14
86 In accordance With the Project phasmg plan dedicate and Improve full half
Width street nght of way and street section on Chaney Street for the full
project frontage Right of way dedication and street Improvements shall be
consistent With the General Plan Circulation Element (Condition modified
by Plannmg Commission on 11/6/07)
87 Applicant shall dedicate and Improve a cui de sac consistent With City Of
Lake ESlnore Standards for the termination of Birch Street
88 Applicant shall dedIcate nght of way and Improve the Intersection of
Pasadena Street and 3rd Street such that the corner of this Intersection IS
completed These Improvements as well as the configuration of the access
from this corner onto the property shall be approved by the City Engineer
89 Developer to provide access to property owners and utility agencies to
property to the west of the tract including dUring construction
90 Applicant shall submIt a condltJonalletter of map reVISion (CLOMR) to FEMA
pnor to Issuance of bUilding permits A letter of map reVISion (LOMR) must be
approved from FEMA prior to the first certificate of occupancy If the project IS
In the 100 year flood plane
91 HlO Chcmoy atroot IR'lllmVoments and The off site stnplng including No
Parking signs on 3rd Street and Mlnthorn Street shall be completed prior to
Issuance of the first bUllslA!j occupancy permit (Condition modified by
Plannrng Commission on 11/6/07)
92 Construct a storm drain Inlet at the corner of 3rd Street and Pasadena Street
to convey the street drainage Into the 3rd Street Channel prior to Issuance of
the first occupancy permit (Condition modified by Plannrng Commission
on 11/6/07)
93 Applicant shall cause to be recorded a CC&R s With recordation of Irrevocable
reciprocal parking circulation and loading ons laASSElOpe R'lalntenonee
easorneAt IA fa'lor of all lots SbllJj9E:t to tAe appr-oval of tho dlr9Eltor of
Community Dov91oprA9At & th9 City MOrA9Y Th9 CCl R s shall enforce
stamlar.es of lJbllISlAg rASIAt9Aonee llartlelpstl9A In l(lASSElopO mcun!9noneo
Ilroi:lIlJitlon of obltSldo veAlelo or rAatorlol storage as approved by the City
Attorney and City Engmeer (Condition modified by the Plannmg
CommiSSion on 11/6/07)
94 De'i(~lepor sAslI Ilr-ovlde aA opprov9S opon sJ3ae9 eons9rvotlon 9aS9mont for
Plannmb ('Ol1lml~~lOn Approvdl
!\o\ullber 6 2007
Agenda Item No 20
Page 32 of 112
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 13 OF 14
tl:l(l tracts of3on sf3aco with a fuel mOGIf/satlon zeAO fer a flro braa/( to bo
m3lnlalAed by a homoo'Nnor's assoclatloA (Condition deleted by Planmng
CommisSion on 11/6/07)
94 Applicant shall contnbute to or deSign and construct all mitigation measures
Identified In the approved enVIronmental document Including Sl,l! Rot III'I'Ut08 te
the following traffic Improvements as reqUired mitigation measures of the
approved enVIronmental document
a IAstall Contnbute Fa/( Share to the installatIOn of traffic signal at Collier
Avenue and 3rd Street pnor to 51 % occupancy
b Install traffic signal at Collier Avenue and Chaney Street pnor to 51%
occupancy
c Install Contnbute Fa/( Share to the installatIon of traffiC signal at the
intersection of west Mlnthorn Street and Chaney Street pnor to 76%
occupancy
d Add a northbound left turn lane on Collier Avenue at the intersection
With Chaney Street pnor to 76% occupancy
There are TIF credits available for some of these Improvements and the
project will be eligible for their fair share subject to the City Engineer s
approval (Condition modifIed by Planmng CommIssIon on 11/6/07)
95 Applicant shall be reqUired to pay applicable Traffic Impact Fee (TIF)
Transportation Uniform Mitigation Fee (TUMF) and Area Drainage Fee at the
rate In effect when the fee payment IS made The (TIF) Fee payment reqUired
shall be less the $175 000 credIt for the sIgnal at Collier and Chaney Street
(CondItIon modIfied by Plannmg Commission on 11/16/07)
96 In accordance With the City s Franchise Agreement for waste disposal &
recycling the applicant shall be reqUired to contract With CR&R Inc for
removal and disposal of all waste matenal debns vegetation and other
rubbish generated dunng cleaning demolition clear and grubbing or all other
phases of construction
ADMm~TRATIVESERWCESDEPARMENT
97 Pnor to approval of the Final Map Parcel Map Site Development Plan
Special Use Permit or bUilding permit (as applicable) the applicant shall
Pldnnmh COmml~&lOn I\.pproval
r.oHl1lbu 6 2007
Agenda Item No 20
Page 33 of 112
J
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT NO 2007-14
CONDITIONAL USE PERMIT NO 2007-21 &
INDUSTRIAL DESIGN REVIEW NO 2006-03
PAGE 14 OF 14
annex Into the Parks Open Space and Storm Drain Maintenance Mello Roos
Community FaCIlities Dlstnct 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 Applicant shall make a four thousand
two hundred dollar ($4 200) non refundable deposit to cover the cost of the
annexation process Contact Dennis Anderson Harris & Associates at (949)
655 3900 x334 or danderson@harrls assoc com
98 Pnor to approval of the Final Map Parcel Map Site Development Plan
Special Use Permit or bUilding permit (as applicable) the applicant shall
annex Into Lighting and Landscape Maintenance Dlstnct No 1 to offset the
annual negative fiscal Impacts of the project on publiC nght of way
landscaped areas and neighborhood parks to be maintained by the City and
for street lights In the publiC nght of way for which the City Will pay for
electnclty and a maintenance fee to Southern California Edison Applicant
shall make a four thousand seven hundred dollar ($4 700) non refundable
deposit to cover the cost of the annexation process Contact Dennis
Anderson Harris & Associates at (949) 655 3900 x334 or danderson@harrls
assoc com
RIVERSIDE COUNTY FIRE DEPARTMENT
99 The Applicant shall comply With all of the attached Riverside County Fire
Department conditions and standards
RIVERSIDE COUNTY SHERIFFS DEPARTMENT
100 The Applicant shall comply With the attached Riverside County Shenff
Department standards
Pfannmh ( 0l11ffiJ<,<;1011 ApproVal
NO'Ll11blf 6 2007
Agenda Item No 20
Page 34 of 112
AUG-03-2007 FRl 08 21 ..B.tl RIV CO FIRE P&E
FAX NO 951 955 4886
P 02
John R Ha~rml
FIre ChIef
Proudly servlOg the
\10 Lncorporatt..d
areas ofRlvers~de
County and the
Cauls of
aannUlg
Beaumont
Call mesa
~
Canyon J..al<<
)
COllOhell.
~
Desert Hot Spnngs
<-
Indian Welts
fndlo
'"
Lake 61slnorc
'-'
La Qumm
~
Moreno Valley
~
Palm D.scrt
)
Pems
i-
Rancho MIrage
~
San Jacmlo
~
Tcmecula
Board of Su~t'\l so~
Bob Busrer
Dl!~l:nct L
John Ta agl one
Olstncl.2
J fl'St.Of\e
D13tnCT J
Roy Wll~n
D.,Q'" r<i
MllflO Ashley
DIStllClS
RIVERStDE COUNT't
FIRE DEPARTMENT
(n cooperation with the
California Department of Forestry and Fire Protection
2,00 Markel Slreet 1" FL Su~e 150 Rlvern,de California 92501 (951) 955-4777 Fax (951) 955-4886
g . 3 -0 ..,
AlTN MQ..~~ \~c..rn ~ ilo-
RE 1:. ~olt> -03 ~'"'~ \
J,..~ -OlD- j> P..D~ ~
The follOWing IS a list of TENT A TIVE conditions only ReqUIrements may
change based on revised exhibit or plans
~ Shell bUildings Will receive a shell final only No certificate of
(c;::Y occupancy (human occupant and/or matenals) Will be Issued until the
building occupant has been Identified wIth their occupancy classification
and have been conditioned by Riverside County Fire Department
occupant or tenant ldenltflcatlon IS Imperative for orderly and prompt
processing Upon Identification of the occupant or tenant a Fire
Protection AnalysIs report may be reqUired pnor to establishing the
requirements for the occupancy permit Failure to provide a
comprehenSive data analysIs and/or technical Information acceptable to
the fire department may result In project delays
2b) A complete commodIty listing disclosing type quantity level of hazard
and potential for ReactIVIty" must be provided Within days The
foregOing IS necessary to claSSify the bUilding (s) occupancy Failure to
provide comprehensive data and/or highly technical Informatton Will result
In project delay and requirement for a complete Fire Protection Study for
review
2c) A complete ThIrd Party" Fife Protection Study Will be reqUired before the
occupancy can be c1asslfiecl and document processing beginS Report
content must be In keepmg With Uniform fire Code SecMn 103 1 1
21) The land diVISion IS located In the hazardous fire Area of nverslde
County !jS shown on a map on file With the Clerk of the Board of
Supervisors Any bUilding constructed on lots created by this land
divISion shall comply WIth the speCial construction prOVISions contained In
RiverSide County Ordinance 787 2
005) All the bUildings shall be constructed With class B roofing matenal as per
the CalifornIa BUilding Code
82-675 Highway 111 2nd Floor Indlo California 92201 (760) 863-8886 Fax (760) 883 1072
39493 LosAlarnos Ro~d Mumela Californld 92583 (951) 600 6160 Fax (951) 600 81M
Agenda Item No 20
Page 35 of 112
AUG-03-2007 FRI 08 21 AM RIV CO FIRE P&E
FAX NO 951 955 4886
P 03
'--"
Economic Development Agency
Fast Track Case C9
003 During the construction of this project the Site address should be clearly
marked and posted at the Job Site entrance This will enable Incoming
emergency equipment to locate the Job site from the assigned street
location Numbers shall be a minimum of 24 Inches In height
~ BUilding plan check fee of $212 or/up to $1 063 (Deposit based fee) shall
~ be paid to the Riverside County Fire Department after our office has
reviewed and conditioned the plans
30a)
&
23a)
20)
~
(~
31 )
51)
Please be advised the proposed project may not be feasible since the
eXisting water mains Will not meet the required fire flow of GPM
Minimum required fire flow should be "'/)CO GPM for an 4 Hour
duration at 20 PSI residual operating pressure which must be available
before any cOrrwIDlbl~ material IS placed on the Job site Fire flow IS
based on type l, I'-J construction per the ;'UlO1 e~ and
BUilding (s) haVing a fIre spnnkler system
A fire flow letter was faxed / mailed to on
It IS Imperative the Riverside County Fire Department
receives the fire low letter back pnor to conditioning of the Plot Plan
Super fire hydrant (s) (6 x 4 X 2 1/2 x 2 1/2) shall be located not less
than 25 feet or more than 165 feet from any portion of the bUilding ill?
measured alono approved vehicular travel wavs
On Site super fire hydrants on a looped system (6 x 4 x 2 1/2 x 2 1/2 )
be located not less than 25 feet or more than 165 feet from any portion of
the bUilding as measured alonC! approved vehicular travel wavs The
reqUifed fire flow shall be available from any adjacent hydrant(s) In the
system
On site super fire hydrants (6 x 4 x 2-1/2 x 2 1/2 ) Will be located not
less than 25 feet or more than 165 feet from any portion of the bUilding as
measured alono approved vehicular travel wavs The required fire flow
shall be available from any adjacent hydrant(S) In the fire system
Prior to the Issuance of a bUilding permit the Applicant or Developer shall
be responsible to submit wntten Certification from the water company
nol1ng the location of the eXisting fire hydrant and that the eXisting water
system IS capable of dellvenng GPM fire flow for an
hour duration at 20 PSI reSidual operaling pressure If a water
system currently does not eXist the applicant or developer shall be
responsible to provide written certification that financial arrangements
have been made to provide them
Page 2 of 5
Agenda Item No 20
Page 36 of 112
AUG-03-2007 FRI 08 22 AM RIV CO FIRE P&E
FAX NO 951 9bb 4886
~ U4
~
'---'
Economic Development Agency
Fast Track case{;)
4} Prior to the Issuance of bUilding permit the applicant or Developer shall
separately submit two copies of the water system Improvement plans to
the Fire Department for review and approval Calculated velocities
shall not exceed 10 fee per second Plans shall conform to the fire
hydrant types location and spacing system shall meet the fire flow
requIrements Plans shall be sIgned and approved by a registered cIvil
engineer and the local water company With the follOWing certlf/catlon I
certify that the deSign of the water system IS In accordance With the
reqUIrements prescnbed by the Riverside County Fire Department
001a) Prior to the Issuance of Building Permits the developer shall depOSit With
the Rubldoux Community Services District a check or money order
equaling the sum of $400 00 per Unit as mitigation for fire protection
Impacts
001 b} Pnor to the Issuance of BUilding Permits the developer shall depOSit With
the Rubldoux Community Services District a check or money order
equaling the sum of $ 25 cents per square foot as mitigation for fire
protection Impacts
THE APPLICANT I DEVELOPER SHALL COMPLY WITH ALL OF THE
FOLLOWING CONDITIONS PRIOR TO THE FINAL FOR OCCUPANCY
&
Blue retro reflective pavement markers shall be mounted on pnvate
streets public streets and dnveways to Indicate location of fire hydrants
Pnor to mstallatlon placement of markers must be approved by the
Riverside County Fire Department
e2} Install a complete fire spnnkler system In all bUildings requlnng a fire flow
of 1500 GPM or greater The post Indicator valve and fire department
connection shall be located to the front wlthm 50 feel of a hydrant and a
minimum of 25 feet from the bUlldlng(s) A statement Included on the title
page of the bUilding plans (Current depOSit based fee for spnnkler plan
check IS $614 per nser)
Applicant I Developer shall be responsible to Install a U L Central Station
Monitored Fire Alarm System That monitors fire spnnkler system water
flow P I V 5 and all control valves Plans must be submitted to the Fire
Department for approval pnor to Installation (Current depOSit based
fee for mOnltonng plan check IS $192 OO)
35} Applicant I Developer shall be responsible to Install a manual and
automatic pre recorded VOICE Fire Alarm System Plans must be
submitted With current fee to the Fire Department for review and approval
prior to Installation Contact Fire Department for gUideline handout
(Current depOSit based fee for alarm IS $627 OO)
Page 3 of 5
Agenda Item No 20
Page 37 of 112
FAX NO 951 955 4886
P 05
_ AUG-03-2007 FRI 08 23 AM RIV CO FIRE P&E
Economic Development Agency
Fast Track Case
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Applicant I Developer shall be responsible to Install a manual and
automatic Fire alarm System Plans must be submitted to the Fire
Department for approval pnor to Installation (Current depOSit based fee
for alarm plan check IS $627 00)
Comply With Title 1 9 of the California Administrative Code
Floor _ Level eXit signs eXit markers and eXit path marking shall be
Installed per the California BUilding Code
Pnor to final for occupancy the applicant shall prepare and submit to the
Fire Department for approval a site plan deSignating required Fire Lanes
With appropnate lane pcllntlng lane painting and/or signs
Install portable fire extingUishers With a minimum rating of 2A 1 OBC and
slgnage Fire Extmgulshers located In public areas shall be In recessed
cabinets mounted 48 (Inches) to center above floor level With maximum
4 (Inch) projectIOn from the wall Contact Fire Department for proper
placement of equipment pnor to Installation
Install a U L 300 hood duct fire extinguishing system Wet chemical
extinguIshing systems shall prOVide automalic shutdown of all electncal
outlets under the hood Contract a certified Fire Protection Company for
proper placement Plans must be approved by the Fire Department pnor
to Installation The automatic fire extinguishing system Installed In the
cooking equipment hood shall be monitored by the bUilding fire alarm
system (Current depOSit based fee for plan check IS $215 00)
Applicant I Developer shall be responsible for obtaining
under/aboveground fuel chemical and mixed liqUid storage tank permits
from the Riverside County Ftre Department and EnVironmental Health
Departments Plans must be submitted for approval pnor to Installation
Aboveground fuel/ mixed liqUid tank(s) shall meet the follOWing standard
Tank must be tested and labeled to UL2085 Protected Tank Standard or
SWRI 93 01 The test must Include the Projectile Penetration Test and
the Heavy Vehicle Impact test A sample copy of the tank s label from
an Independent test laboratory must be Included With your plans
(Current depOSit based fee for plan check IS $217 00 for first tank plus
$32 00 for each additional tank)
Display Boards Will be as follows Each complex shall have an
Illuminated diagrammatic representation of the actual layout which shows
name of complex all streets bUilding deSignators unit members and fife
hydrant locations Within the complex These dlrectones shall be a
minimum (4 x 4 ) In dimenSiOn and located next to roadway access
Page 4 of 5
Agenda Item No 20
Page 38 of 112
FAX NO 951 955 4886
P 06
AUG-03-2007 FRI 08 25 AM RIV CO FIRE P&E
Economic Development Agency
Fast Track Case
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The Rapid Entry System Hazardous Matenal data and key storage
cabinet shall be Installed on the outSide of the bUilding Plans shall be
submitted to the Riverside County Fire Department for approval pnor to
Installation (Current deposit based fee for plan check IS $212 00)
Gate entrances shall be at least two feet Wider than the Width of the traffiC
lane(s) serving that gate Any gate prOViding access from a road to a
dnveway shall be located at least 35 feet from the roadway and shall
open to allow a vehicle to stop Without obstructing traffiC on the road
Where a one way road With a single traffic lane prOVides access to a gate
entrance a 40 foot turning radiUS Will be used
Gate(s) shall be automatic or manual operated minimum tt::d- feet
In Width Gate access shall be equipped With the Knox Company rapid
entry system Plans shall be submitted to the Fire Dep"lrtment for
approval pnor to Installation Automatic/manual gate pins shall be rated
With shear pin force not to exceed 30 foot pounds Automatic gates shall
be eqUipped With emergency baGkup power Gates activated by the
Knox System shall remain open until closed by the Knox System
(Current plan check fee IS $212 00 fee IS subject to change)
Final conditions Will be addressed when bUilding plans are reviewed In
the Building and Safety Office
Page 5 of 5
Agenda Item No 20
Page 39 of 112
CITY OF A
LAKE 6LSIN.O~
\ I
~ DREA\\ E,X'TREME
July 30 2007
City of Lake Elsmore
Planning DIVISion
130 S Mam St
Lake Elsinore CA 92530
A TIN Matthew Hams Senior Center
PROJECT TITLE I 2006 03
APPLICANT Stacey Petersen - McArdle Associates
Dear Mr Hams
Thank you for the opportUnity to comment on the above project located at
Chaney/Pasadena commonly known as the Fairway Busmess Park All
commercial bUlldmg complex development design reviews should be consistent
With Lake Elsinore s Cnme Prevention Through Environmental Design
specifications The followmg Issues of concern related to public safety and law
enforcement are presented
COMMERCIAL CPTED
REOUIREMENTS/RECOMMENDATIONS
PRE CONSTRUCTION & CONSTRUCTION PHASES
To reduce thefts and burglanes dunng the construction phases of this project the
developer and builders need to provide site secunty The Lake Elsmore Police
Department recommends the developer and bUilders use bonded secunty guards
licensed by the State of California Bureau of Secunty & Investigative Services
Department to handle project secunty
Pnor to project completion the surface of walls fences bUildings logo
monuments etc should be graffiti resistant through either surface composition
applied paint type and/or planned shielding by landscapmg or plants
Pnor to construction on any structure a matenal storage area should be
established and enclosed by a SIX foot cham Imk fence to mmlmlze theft of
matenals and/or equipment
Agenda Item No 20
Page 40 of 112
A list of senal and/or license numbers of equipment stored at the location be
maintained both at the site and any off site main office The public and non
essential employees should be restncted In access to the construction areas
Current emergency contact information for the project should be kept on file with
the Lake Elsinore Police Department 333 W Limited Ave Lake Elsinore CA
92530 phone number 951 245 3322
The developer and/or bUilder s name address and phone number should be
conspicuously posted at the construction site VISibility Into the construction site
should not be Intentionally hampered Areas actually under construction should
be lit dunng hours of darkness All entrances and eXits should be clearly marked
ADDRESSING
Address numbers should be Illuminated dunng the hours of darkness and
positioned to be readily readable from the street POSition the address numbers
at a strategic and elevated section on the building to facilitate unhampered views
from vehicular and pedestnan vantage pOints Numbers that are a minimum
height of 12 are recommended
SECURITY SYSTEMS
Silent or audible alarm systems should be Installed Comprehensive secunty
systems should be prOVided for the follOWing penmeter building and access
route protection high valued storage areas and interior bUilding door to shipping
and receiving area Closed CirCUit TV secunty cameras are recommended
DOORS
Adequate secunty hardware such as dead bolt locks should be Installed All
glass doors should be secured With a dead bolt Dead bolt locks shall be the
type whose dead bolt and deadlocking latch can be retracted by a Single action
of the inSide door knob/lever/turn piece
WINDOWS
Louvered Windows should not be used Large Windows and any Window
accessible from the Side and rear but not VISible from the street shall consist of
rated burglary resistant glaZing or ItS eqUivalent The type that attaches to the
Window frame IS recommended
ROOF TOPS AND OPENINGS
If the building has skylights one of the follOWing shall be utilized for every
skylight
Rated burglary resistant glass or acrylic matenal
Agenda Item No 20
Page 41 of 112
Iron bars of at least one half Inch diameter flat steel bars of at least one quarter
Inch width spaced no more than five Inches apart under the skylight and
securely fastened or
Grill of at least one eighth Inch steel and two Inch mesh
All hatchway openings on the roof of any bUilding shall be secured as follows If
the hatchway IS wooden It shall be covered on the outside with at least 16 gauge
sheet steel or ItS equivalent attached In a manner making removal difficult The
hatchway shall be secured from the Inside with a slide bar or slide bolts Only a
crossbar or padlock provided by the fire marshal shall be used Outside pin type
hinges on all hatchway openings shall have non removable pinS
Exterior rooftop ladders should be eliminated or Incorporated Into the Intenor
deSign
All air duct or air vent openings exceeding 8 by 12 on the rooftop or extenor
walls of any bUilding shall be secured by means of
Iron bars or at least one half Inch diameter or flat steel bars of at least one
quarter Inch width spaced no more than five Inches and securely fastened
Grill of at least one eighth Inch steel and two Inch mesh and/or
If the barrier IS on the outSide It shall be secured With galvanized rounded head
flush bolts of at least 3/8 diameter
LIGHTING
Interior night lights shall be used dunng hours of darkness when premises are
closed for bUSiness
Parking lots and associated car ports dnveways CIrculation areas aisles
passageways recesses and grounds contiguous to bUildings shall be proVided
With lighting of suffiCient wattage to prOVide adequate Illumination to make clearly
VISible the presence of any person on or about the premises from at least 25 feet
away during the hours of darkness
All extenor doors shall have their own light source which Will adequately
Illuminate entry/exlt areas at all hours In order to
Make any person on the premises clearly VISible and
ProVide adequate Illumination for persons entenng and eXiting the building
LANDSCAPING
Landscaping shall be of the type and situated In locations to maXimize
observation while prOViding the deSire degree of aesthetics Secunty planting
matenals are encouraged along fence and property lines and under vulnerable
Windows Landscaping shall not conceal doors or Windows from view obstruct
Agenda Item No 20
Page 42 of 112
VISibility of the parking lot from the street or business buildings nor provide
access to the roof or windows
LINE OF SIGHT/NATURAL SURVEILLANCE
Wide angled peepholes should be designed Into solid doors which are located In
areas where natural surveillance IS compromised and which Will be utilized by
employees to access parking lots and pedestrian paths durmg the hours of
darkness
Smgle and double binned trash enclosures should be located at the perimeter of
the parking lot not adjacent to bUildings or contiguous to exterior bUilding doors
Other line of Sight obstructions (including recessed doorways alcoves etc)
should be avoided on bUilding exterior walls and interior hallways
Employees and/or security personnel should be posItioned In areas where they
cannot only mOnitor subjects entering and eXiting the businesses but can survey
restroom entrances
SIGNAGE/PARKING LOT
All entrances to parking areas shall be posted With appropriate signs per
22658(a) C V C to assist In removal of vehicles at the property
owners/managers request
Should the community development department developer or construction staff
have any questions regarding the listed law enforcement and public safety
concerns please contact Officer Beth DeCou (951) 245 3322
Contact Information
Beth DeCou I Crime Prevention Officer / CPTED SpeCialist
Lake ElSinore Police Department
333 W Limited Ave
Lake ElSinore CA 92530
Agenda Item No 20
Page 43 of 112
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO
CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM
ROLFE M PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE
NOVEMBER 6 2007
GENERAL PLAN AMENDMENT NO 2007 14
CONDITIONAL USE PERMIT NO 2007 21 & INDUSTRIAL
DESIGN REVIEW NO 200603 "FAIRWAY BUSINESS
PARK
PROJECT TITLE
APPLICANT
MCARDLE ASSOC ARCHITECTS (ATTN STACEY
PETERSON) 5838 EDISON PLACE CARLS BAD CA
92008
OWNER
FAIRWAY COMMERCIAL PARTNERS (ATTN ROD
OSHITA) 1601 N SEPULVEDA BOULEVARD, SUITE 401,
MANHATTAN BEACH CA90266
PROJECT REQUEST
The applicant IS requesting a General Plan Amendment to amend the General Plan
Circulation Map a Conditional Use Permit to allow for optional office and showroom uses
onslte and to establish outdoor storage areas and an Industrial Design Review
consideration for the design and construction of twenty (20) light industrial bUildings
ranging In size from 6 810 square feet to 30 989 square feet The project site has a zoning
designation of Limited ManufactUring (M 1) Review IS pursuant to Government Code
Section 65348 Chapter 17 56 (Light ManufactUring District) Chapter 1774 (Conditional
Use Permit) Chapter 1766 (Parking Requirements) and Chapter 1782 (DeSign Review) of
the Lake ElSinore Municipal Code
PROJECT LOCATION
The project site IS located on the north side of Chaney Street approximately 920 feet west
of Mlnthorn Street Assessor Parcel Number 377 140024 within Redevelopment Project
Area No 1
Agenda Item No 20
Page 44 of 112
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE FAIRWAY BUSINESS PARK
BACKGROUND
The project site has a zoning designation of Limited Manufacturing (M 1) The Lake
Elsinore MUnicipal Code Section (LEMC) 17 55 020 allows for a wide variety of industrial
uses as permitted uses In the M 1 zone
ENVIRONMENTAL SETTING
EXISTING LAND USE ZONING GENERAL PLAN
Project Vacant/Parkmg Lot LImIted
Site Manufacturmg Busmess Park (BP)
(M 1)
North Industnal LImIted LIght Industnal (L1)
Manufacturmg
(M 1)
South OffIces LImIted Busmess Park (BP)
Manufacturmg
(M 1)
East Industnal CommercIal Busmess Park (BP)
Manufacturmg
(C M) & LImIted
Manufacturmg
(M 1)
West Flood Control Channel LImIted Flood (F)
Manufacturmg
(M 1)
PROJECT DESCRIPTION
General Plan Amendment
The developer has made application for a General Plan Amendment to amend the General
Plan Circulation Map by realigning the planned extension of Pasadena Street between
Third Street and Chaney which as planned would traverse through the project site
Instead the developer IS proposing to route the Secondary Highway east on Third Street
and south on Mlnthorn Street connecting to Chaney Street (see attached location map)
ThiS realignment would necessitate the elimination of on street parking on both Sides of
Third Street between Pasadena Street and Mlnthorn Street and along the entire length of
Mlnthorn Street between Third Street and Chaney Street to achieve adequate travel lane
Widths
Agenda Item No 20
Page 45 of 112
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE FAIRWAY BUSINESS PARK
Conditional Use Permit
The property owner has requested the option of uSing BUildings ABC & D which directly
front Chaney Street as either offices and/or commercial showroom bUildings LEMC
Section 17 56 030 M allows the Planning Commission the authonty to approve other
conditional uses not currently listed In the Limited Manufactunng (M 1) Dlstnct when It can
be determined that the uses Will have similar charactenstlcs to those currently allowed In
the dlstnct A Conditional Use Permit IS being requested to allow for these optional uses
onslte The Light Manufactunng Dlstnct currently only allows office uses In association with
on site management or leasing or having a single user with a minimum size of 30 000
square feet Moreover commercial showrooms are only allowed for exhibition of products
manufactured on the premises or available for wholesale dlstnbutlon
Planning staff believes that the requested option of uSing BUildings ABC & D as either
office or commercial showroom uses would be appropnate on the project site given that
such uses would be restncted to the four bUildings fronting onto Chaney Street which only
accounts for a small part of the light Industnal park In addition other office uses currently
eXist along the Chaney Street COrridor and the four bUildings being proposed for such uses
would have vIsibility from thiS same street frontage thus ensunng that patrons could easily
Identify the proposed uses Lastly In order to ensure that adequate onslte parking eXists
staff has added a condition of approval requlnng that a parking study be prepared by the
developer to demonstrate that adequate parking spaces either currently eXist or will be
prOVided pnor to approval of tenant Improvement plans related to the establishment of
commercial or showroom uses for these buildings
The property owner IS also requesting to develop nine (9) outdoor storage areas onslte
Within the proposed Industnal park LEMC Section 17 56 040 A 7 reqUires that a
Conditional Use Permit be obtained to establish the outdoor storage areas Planning staff
has determined that the design of the outdoor storage areas either comply or have been
conditioned to comply With all applicable standards speCified for such outdoor storage
areas
Industnal Deslqn Review
The applicant IS proposing to construct twenty (20) separate light Industnal bUildings
ranging In size from 6 810 square feet to 30 989 square feet on a 1721 acre vacant site
Three of the proposed bUildings Will consist of two stones With the remainder consisting of
a single story The bUildings Will be sited evenly across the site With the three largest
bUildings to be located at the western end of the property The largest parking lot area will
be provided on the eastern end of the property along the Chaney Street frontage Smaller
parking areas Will be provided along the front and/or rear elevations of the bUildings
ReqUired loading spaces Will be provided at either Sides or rears of bUildings
Agenda Item No 20
Page 46 of 112
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE FAIRWAY BUSINESS PARK
Phaslna Plan
The project IS proposed to be developed In three phases with the western portion of the
site (Buildings M N P Q R S T U & V) being developed first The central portion of the
site will be developed second (Buildings E F G H J K & L) and the eastern portion of the
site (BUildings ABC & D) developed last Staff has added a variety of conditions of
approval In association with the phasing plan addreSSing such Issues as temporary seeding
of the undeveloped portions of the site and timing of certificate of occupancy Issuance
Onslte Improvements & CIrculatIOn
Access to the site Will be provided from three separate pOints including Chaney Street the
terminus of Birch Street and a driveway located off the knuckle of Pasadena and 3'd
Streets The developer IS proposing to dedicate right of way on the project site and
construct a cui de sac at the terminus of Birch Street In addition the developer will proVide
necessary dedication and construct full half Width street Improvements along the Chaney
Street frontage Onslte CIrculation Will provide thru access to all three of the access pOints
Within the park Twenty eight foot (28 ) Wide access aisles Will be proVided throughout the
interior of the site Some smaller access drives Will provide access to the rear of some
bUildings onslte ReqUired loading zones Will be provided at either the Sides or rears of the
bUildings
Off sIte Improvements & CIrculatIOn
In addition to the onslte Improvements Identified above the developer has agreed to
proVide a variety of off site Improvements to Include the follOWing
. Dedicate right of way and Improve the intersection of Pasadena Street and
Third Street
. Install a traffiC signal at Collier Avenue and Third Street prior to 51 %
occupancy
. Install a traffiC signal at Collier Avenue and Chaney Street prior to 51 %
occupancy
Install a traffiC signal at Mlnthorn Street and Chaney Street prior to 76%
occupancy
Install a northbound left turn lane at the intersection of Collier Avenue and
Chaney Street
Agenda Item No 20
Page 47 of 112
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE FAIRWAY BUSINESS PARK
ArchItecture
A Contemporary architectural style has been chosen for the bUildings within the park
facIlity Concrete tilt up construction will be utilized BUilding designs will Include the use of
wall offsets and recessed entries varying In depth from two to four feet In addition multiple
parapet heights decorative cornice treatments decorative score lines of various Widths
and depths and eyebrow canopies Will all be Incorporated on the bUildings Aluminum store
front windows with reflective glaZing Will be utilized on all buildings throughout the park to
create a uniform appearance
Landscamna
The site design Includes landscaping Improvements which constitute 17 7% of the overall
project site area The landscape plan proposes two varieties of perimeter screen trees
along interior property lines A City approved street tree will be planted 30 feet on center
along the Chaney Street frontage A variety of accent trees Will be planted at the three
project entries to achieve formalization and Identification In addition several varieties of
parking lot and interior accent trees will also be prOVided to break up expanses of
pavement and prOVide shading A variety of shrubs Will be planted onslte serving as
foundation plantlngs screening or accent plantlngs to further enhance the aesthetiCS ofthe
development Decorative paving treatments and accent lighting will also be utilized at site
entrances
Colors and Matenals
The applicant IS proposing SIX (6) different colors and three (3) different color schemes to
be evenly distributed on the bUildings throughout the park ThiS even distribution Will
ensure that a variety of colors are seen as a vIsitor traverses the park complex The
proposed storefront glaZing Will further serve to compliment the bUilding color schemes
Slanaae
The developer has been conditioned to draft and submit a Umform Sign Program
document for review and approval by the Planning Commission prior to Issuance of a
Certificate of Occupancy The Uniform Sign Program Will ensure that all slgnage Within the
business park complex will have a coheSive and complimentary appearance as tenants
change Into the future
ANALYSIS
Sltma
The proposed site plan meets all applicable development standards and criteria outlined In
Agenda Item No 20
Page 48 of 112
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE FAIRWAY BUSINESS PARK
the Limited Industnal (M 1) zoning dlstnct and the non-reSidential development standards
outlined In Chapter 17 38 of the Lake Elsinore Municipal Code including setbacks and
bUilding height The project also compiles With the onslte parking standards listed In Lake
Elsinore Municipal Code Chapter 17 66 (Parking ReqUirements) including loading space
and accessible parking requirements
Circulation and Parkma Soace Lavout
The Circulation and parking space layout meets the requirements set forth In Lake Elsinore
MUniCipal Code Chapter 1766 (Parking ReqUirements) assuming all twenty ofthe bUilding
are used for manufactunng actiVitIes Staff has determined that five hundred forty five
(545) parking spaces are required onslte based on one (1) parking space for each 500
square feet of unit area up to 20 000 square feet plus one additional space for each 1 000
square feet over 20 000 square feet Five Hundred Seventy SIX (576) spaces have been
prOVided onslte not counting the spaces located Within the outdoor storage areas (see
matnx below) Should BUildings ABC & D be used as either offices or showrooms a
parking study must be prepared to determine that sufficient parking spaces can be
prOVided to accommodate the uses
BUILDING DESCRIPTJONt/' f ~ BUILDING SQU RE'"
'- '" / $ ~ If' ~,,?t+ 4{"" "'OO".A"GE /J''?
~ 'J'~ ,'I'''',
'h '* A" f ~
BUILDING A 21 182
BUILDING B 12797
BUILDING C 10331
BUILDING D 9 880
BUILDING E 9 706
BUILDING F 9 706
BUILDING G 12504
BUILDING H 16409
BUILDING J 18089
BUILDING K 6810
BUILDING L 8635
BUILDING M 8154
BUILDING N 9 978
BUILDING P 17179
BUILDING Q 15 583
PARKING REQUIRED i
.,. .I:J ~ l;""*'t"" ~ ,;;
~i"Jj"'N~ ~~,-
42
26
21
20
19
19
25
33
36
14
17
16
20
34
31
Agenda Item No 20
Page 49 of 112
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE FAIRWAY BUSINESS PARK
BUILDING R 9076 18
BUILDING S 9076 18
BUILDING T 23 366 44
BUILDING U 20196 41
BUILDING V 30 989 51
'.>' TOTAL ; ':! "'i }~?'! 279 646 ~ ~I~ 'l: ~ . '545 I,
, t~ ., ~ ~ f ,-
Architecture
The architectural design of the twenty proposed light Industnal bUildings within the park
complex are consistent serving to create an overall theme for the facility The bUilding
designs comply With the Architectural Design GUidelines listed In the Community DeSign
Element of the City General Plan Additionally the architecture has been deSigned to
achieve harmony and compatibility With surrounding commercial office and Industnal
buildings In the VICinity of the project site Correspondingly the applicant has prOVided a
vanety of building deSign features and forms by emplOYing treatments such as articulated
planes along the extenor walls attractive storefront Window system recessed sUite entnes
and a vanety of roofllnes which will create depth and shadow
Landscaplna
LEMC Section 1756100 requires a minimum of twelve percent (12%) of the site to be
landscaped the applicant IS proViding 17 7 percent The proposed landscaping
Improvements serve to enhance the bUilding deSigns and soften portions of bUilding
elevations proVide shade and break up expanses of pavement In addition project entry
plantlngs serve to formalize the Industnal park and compliment the bUilding architecture
Colors and Matenals
The colors and matenals proposed for thiS project meet the Intent of the Architectural
DeSign GUidelines listed In the Community DeSign Element of the City s General Plan
because the colors and matenals produce diverSity and enhance the architectural effects
Additionally the colors and matenals proposed Will assist In blending the architecture Into
the eXisting landscape and are compatible With other colors and matenals used on other
properties In the vIcinity of the project site
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
Agenda Item No 20
Page 50 of 112
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE FAIRWAY BUSINESS PARK
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 was prepared to assess potential enVIronmental Impacts and to propose
mitigation for those Impacts All agencies who commented on the MItigated Negative
Declaration dunng the public review penod were provided responses and there are no
outstanding Issues of concern Staff has determined that the Mitigated Negative
Declaration 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
RECOMMENDATION
It IS recommended that the Plannrng Commission adopt Resolution No 2007_
recommending that the City Council adopt Mitigated Negative Declaration No 2007 05
Resolution No 2007 _ recommending that the City Council adopt findings that the
project IS consistent With the Multiple Species Habitat Conservation Plan Resolution No
2007 _ recommending City Council approval of General Plan Amendment No 2007 14
Resolution No 2007 _ approving Conditional Use Permit No 2007 21 and Resolution No
2007 _ recommending City Council approval of Industnal Design Review No 2006 03
This recommendation IS based upon the Findings Exhibits A thru G and the proposed
Conditions of Approval attached to this Staff Report
PREPARED BY
MATTHEW C HARRIS SENIOR PLANNER
APPROVED BY
ROLFE M PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
ATTACHMENTS
1 LOCATION MAP
2 PLANNING COMMISSION RESOLUTIONS
3 CONDITIONS OF APPROVAL
4 ACKNOWLEDGEMENT OF DRAFT CONDITIONS OF APPROVAL
5 NOTICE OF DETERMINATION
6 EXHIBITS
. REDUCTIONS (8 % x 11)
Exhibit A Site Plan
Exhibit B Grading & Drainage Plan
Exhibit C Floor Plans
Exhibit D BUilding Elevations
Agenda Item No 20
Page 51 of 112
PLANNING COMMISSION STAFF REPORT
NOVEMBER 6, 2007
PROJECT TITLE FAIRWAY BUSINESS PARK
Exhibit E
Exhibit F
Exhibit G
BUilding Sections
Landscaping Plans
Phasing Plans
FULL SIZE PLAN SET
Agenda Item No 20
Page 52 of 112
RESOLUTION NO 2007 JJ-:f
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE
DECLARATION NO 200705
WHEREAS the City of Lake Elsinore wishes to commence proceedings to
consider General Plan Amendment No 2007 14 Conditional Use Permit No 200721
and Industrial Design Review No 2006 03 (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
Imtlal 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 Imtlal 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 05 for the Project (the
Negative Declaration) and
WHEREAS pursuant to CEQA GUidelines Section 15072 on July 27 2007 the
City duly Issued a notice of Intent to adopt the MItigated Negative Declaration and
WHEREAS the Planning CommiSSion of the City of Lake ElSinore has been
delegated with the responsibility of making recommendatrons to the City Council
regarding mitigated negative declaratrons and
WHEREAS public notrce of the Project and the Mitigated Negative Declaration
have been given and the Planning CommISSion has conSIdered eVidence presented by
the Community Development Department and other Interested parties at a public
hearing held with respect to thiS Item on November 6 2007
NOW THEREFORE THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS
SECTION 1 The Planning Commission has evaluated all comments written and
oral received from persons who have reviewed the Mitigated Negative Declaration
Agenda Item No 20
Page 53 of 112
PLANNING COMMISION RESOLUTION 2007
PAGE 2 OF 3
SECTION 2 The Planning Commission hereby recommends to the City Council
that the MItigated Negative Declaration 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 Planning Commission 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 Planning Commission further finds and determines that none
of the circumstances listed In CEQA GUidelines Section 15073 5 requIring reCIrculation
of the Mitigated Negative Declaration are present and that It would be appropriate to
adopt the Mitigated Negative Declaration as proposed
SECTION 4 The Planning Commission 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
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 Imtlal Study conducted for the Project there IS substantial eVidence
suggestmg that all potential Impacts to the enVironment resultmg from the Project can
be mitigated to the less than slgmflcant 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 to the eVIdence received and m the light of the whole record presented the
Project Will not have a slgmflcant 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 6th day of November 2007 by the
follOWing vote
AYES COMMISSIONERS
NOES COMMISSIONERS
ABSENT COMMISSIONERS
ABSTAIN COMMISSIONERS
Agenda Item No 20
Page 54 of 112
PLANNING COMMISION RESOLUTION 2007
PAGE 3 OF 3
Michael 0 Neal Chairman
Lake Elsinore Planning Commission
ATTEST
Rolfe M Prelsendanz
Director of Community Development
Agenda Item No 20
Page 55 of 112
RESOLUTION NO 2007 ..!l-8
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA ADOPT
FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE
MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
WHEREAS Stacey Peterson of McArdle Associates Architects filed an
application with the City of Lake Elsinore requestmg approval of General Plan
Amendment No 2007 14 Conditional Use Permit No 200721 and Industnal Design
Review No 2006 03 for the design and construction of twenty (20) light mdustnal
bUlldmgs rangmg In size from 6810 square feet to 30989 square feet On a 172 acre
site with related Improvements (the Entitlements) located on the north side of Chaney
Street approximately 920 feet west of Mmthorn Street APN 377 140 124 (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 Elsmore AcquIsition Process
( LEAP) and a Jomt Project Review (JPR) between the City and the Regional
Conservation Authonty ( RCA ) prior to public review of the project applications and
WHEREAS Section 6 0 further reqUIres that development projects not within an
MSHCP cntena cell must be analyzed pursuant to the MSHCP Plan Wide
Requirements and
WHEREAS, the Applications are discretionary m nature and reqUire review and
approval by the Plannmg Commission and/or City Council and
WHEREAS the Applications are not wlthm an MSHCP Criteria Cell Core or
Lmkage but are wlthm the Elsmore Plan Area of the MSHCP and therefore the Project
was reviewed pursuant to the MSHCP Plan Wide Requirements and
WHEREAS Section 60 of the MSHCP reqUires that the City adopt consistency
findings pnor to approvmg any discretionary project entitlements for development of
property that IS subject to the MSHCP and
WHEREAS the Planning Commission has been delegated with the responsibility
of makmg recommendations to the City Council regardmg the consistency of
discretionary entitlements with the MSHCP and
WHEREAS, public notice of the Entitlements has been given and the Planning
Commission has considered eVidence presented by the Community Development
Department and other mterested parties at a public heanng held with respect to this
Item on November 6 2007
Agenda Item No 20
Page 56 of 112
J
PLANNING COMMISSION RESOLUTION NO 2007
PAGE 2 OF 4
NOW, THEREFORE THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE DETERMINE AND ORDER AS FOLLOWS
SECTION 1 The Planning Commission has considered the proposed
application and ItS consistency with the MSHCP pnor to making a decIsion to
recommend that the City Council adopt findings that the Entitlements are consistent with
the MSHCP
SECTION 2 That In accordance with the Lake Elsinore MUnicipal Code and the
MSHCP the Planning Commission makes the follOWing findings
1 The proposed project IS a project under the City S MSHCP Resolution and the
City must make an MSHCP Consistency finding before approval
The Property IS not located wlthm a MSHCP Cntena Cell However the Property
IS wlthm the Elsmore Plan Area and must be reviewed for consistency with the
MSHCP Plan Wide ReqUirements mcludmg SectIOn 6 1 2 Rlpanan/RlVerme
Areas and Vernal Pool GUldelmes
2 The proposed project IS subject to the City s LEAP and the County s JOint Project
Review processes
As stated above the Property IS not located wlthm a MSHCP Cntena Cell and
therefore the Entitlements were not reViewed through the LEAP or Jomt Project
Review processes
3 The proposed project IS consistent with the Rlpanan/Rlvenne Areas and Vernal
Pools GUidelines
The proposed project would Impact two water features the Lake Elsmore Outlet
Channel located adjacent to the project site and a 061 acre ponded feature
located wlthm the project site at the end of Birch Street Accordmg to the
Determmatlon of Biologically EqUivalent or Supenor PreservatIOn Report
(DBESP) the Lake Elsmore Outlet Channel meets the Multiple Species Habitat
Conservation Plan (MSHCP) definition of a npanan/nverme resource because It
contams freshwater flow durmg all or a portion of the year The other water
feature does not meet this defmltlon because It IS artificially created and does not
have freshwater flow Implementation of the proposed project would directly
Impact 900 square feet (002 acre) of the Lake E/smore Outlet Channel at each
of three proposed outfall structure locations durmg constructIOn The total Impact
area would be 2700 square feet (006 acre) Should a fourth storm dram outfall
structure be constructed an additional Impact to 900 square feet (002 acre) of
the Lake E/smore Outlet Channel would occur thereby totalmg 3 600 square feet
(008 acre) As part of the DBESP the project would be reqUired to Implement
mitigation and best management practices (BMPs) as part of a stormwater
pollution prevention plan (SWPPP) deSigned to prevent and avoid Impacts to
water quality wlthm the Lake Elsmore Outlet Channel durmg construction Long
Agenda Item No 20
Page 57 of 112
PLANNING COMMISSION RESOLUTION NO 2007
PAGE 3 OF 4
term Impacts would be minimized through project design features including blo
swales which would treat potential water qualtty Impacts All potential Impacts to
npanan/nvenne habitat have been handled In accordance with the MSHCP In
addition no vernal pools eXist on the project site therefore due to the lack of
sUitable habitat there IS a very low potential for vernal pool species to occur The
project IS therefore consistent with the Rlpanan/Rlverlne 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 proposed project IS consistent with the Protection of Narrow EndemiC Plant
Species GUidelines
Per MSHCP reqUirements the Property IS not subject to the Narrow EndemiC
Plant Species GUidelines set forth In SectIOn 6 1 3 No further actIOn regarding
thiS section of the MSHCP IS reqUired
5 The proposed project IS consistent with the Additional Survey Needs and
Procedures
Per MSHCP reqUirements the Property IS not subject to any of the Cntlcal Area
Species Survey Area GUidelines as set forth In Section 6 3 2 of the MSHCP with
the exception of Burrowing Owl No burrowing owls or burrowing owl signs were
observed within the project site or adjacent lands The project site does not
support any actIVe burrows or SUitable habitat due to the heavy sot! composition
ongoing mechanical disturbance of the site and the surrounding commercial
urban setting As reqUired by the MSHCP mitigation has been Included to
conduct a Burrowing Owl survey 30 days pnor to any ground disturbance
including removal vegetatIOn or other debns No further actIOn regarding thiS
sectIOn of the MSHCP IS reqUired
6 The proposed project IS consistent with the UrbanlWlldlands Interface
GUidelines
The Property IS surrounded by eXisting development or graded parcels planned
for development Therefore the Urban/Wlldlands Interface GUidelines set forth
In SectIOn 6 1 4 of the MSHCP are not appltcable No further action regarding
thiS sectIOn of the MSHCP IS reqUired
7 The proposed project IS consistent with the Vegetation Mapping requirements
The project biologist has mapped the npananlrlVenne resources as part of the
DBESP In accordance wtth the reqUirements of Vegetation Mapping set forth In
SectIOn 6 3 1 of the MSHCP No further action regarding thiS section of the
MSHCP IS reqUired
8 The proposed project IS consistent with the Fuels Management GUidelines
Agenda Item No 20
Page 58 of 112
PLANNING COMMISSION RESOLUTION NO 2007
PAGE 4 OF 4
As stated above the Property IS surrounded by eXlstmg and planned
development Therefore the Fuels Management GUldelmes as set forth m
SectIOn 6 4 of the MSHCP are not applIcable No further actIOn regardmg thIS
sectIon of the MSHCP IS reqUIred
9 The proposed 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 proposed project IS consistent With the MSHCP
The Entitlements are consIstent With all app!Jcable 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 Plannmg Commission hereby recommends that the
City Council of the City of Lake Elsmore adopt fmdmgs that the Entitlements are
consistent With the MSHCP
SECTION 4 ThiS Resolution shall take effect from and after the date of ItS
passage and adoption
PASSED APPROVED AND ADOPTED thiS 6th day of November 2007 by the
following vote
AYES COMMISSIONERS
NOES COMMISSIONERS
ABSENT COMMISSIONERS
ABSTAIN COMMISSIONERS
Michael 0 Neal Chairman
Lake ElSinore Planning Commission
ATTEST
Rolfe M Prelsendanz
Director of Community Development
Agenda Item No 20
Page 59 of 112
RESOLUTION NO 2007...L'I'I
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE CALIFORNIA RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN
AMENDMENT NO 2007 14
WHEREAS, the City of Lake Elsinore IS considering an amendment to the
General Plan Circulation Map General Plan Amendment No 2007 14 which will
change the alignment of the Pasadena Street Extension (the General Plan
Amendment) allowing for the development of a light industrial park Fairway Business
Park and
WHEREAS the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council for
changes to the approved General Plan Circulation Map and
WHEREAS public notice of the General Plan Amendment has been given and
the Planning Commission has considered eVidence presented by the Community
Development Department and other Interested parties at a public hearing held with
respect to this Item on November 6 2007
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE DETERMINE AND ORDER AS FOLLOWS
SECTION 1 The Planning Commission has considered the proposed General
Plan Amendment prior to making a decIsion to recommend that the City Council
approve the proposed amendment to the City S circulation map The Planning
Commission finds and determines that Mitigated Negative Declaration No 2007 05 IS
adequate and prepared In accordance with the requirements of the California
EnVIronmental Quality Act (CEQA)
SECTION 2 That In accordance with State Planning and Zoning law and the
City of Lake Elsinore MunIcipal Code the Planning Commission makes the follOWing
findings for the approval of General Plan Amendment No 2007 14
1 The proposed General Plan Amendment Will not be a) detnmental to the health
safety comfort or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the City or b) InJUriOUS to the
property or Improvements In the neighborhood or within the City
a The design of the proposed Pasadena Street extension realignment
between Third Street and Chaney Street IS based upon the Fairway
Busmess Park Traffic Impact AnalYSIS prepared by Kunzman and
Associates dated February 26 2007 The study analyzed vanous
alternatIVe alignments
Agenda Item No 20
Page 60 of 112
PLANNING COMMISION RESOLUTION 2007
PAGE 2 OF 2
b Welghmg the relatIVe ments of the alternatIVe altgnments the alignment
shown on the attached Exhibit A IS considered the preferred alignment
c The proposed realignment has been conditioned to ensure that It will not
be detnmental to the health safety comfort or general welfare of the
persons resldmg workmg or travelmg wlthm the neighborhood of the
proposed amendment
2 The proposed General Plan Amendment will not have a significant effect on the
environment
The General Plan Amendment does not propose any significant change to
eXlstmg land use designatIOns and will not result m any significant environmental
Impacts as explamed m Mitigated NegatIVe Declaration No 2007 05
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 General Plan Amendment No 2007 14
SECTION 4 ThiS Resolution shall take effect from and after the date of ItS
passage and adoption
PASSED, APPROVED AND ADOPTED thiS 6th day of November 2007 by the
following vote
AYES COMMISSIONERS
NOES COMMISSIONERS
ABSENT COMMISSIONERS
ABSTAIN COMMISSIONERS
Michael 0 Neal Chairman
Lake ElSinore Planning Commission
ATTEST
Rolfe M Prelsendanz
Director of Community Development
Agenda Item No 20
Page 61 of 112
EXHIBIT A
Proposed Pasadena Street Realignment
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Legend
. .. = Pasodena Street Current
General Plan Aller Realignment
- = Pasodena Street Alignment
o = Traffic Signal
,
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Agenda Item No 20
Page 62 of 112
RESOLUTION NO 2007 200
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE CALIFORNIA APPROVING CONDITIONAL USE
PERMIT NO 2007 21
WHEREAS, McArdle Associates Architects c/o Stacey Peterson has filed an
application with the City of Lake Elsinore requesting the approval of Conditional Use
Permit 2007 21 (the CUP) for the potential establishment and operation of office and
commercial showroom uses within BUildings ABC & D and the establishment of
several outdoor storage area within the Fairway Business Park on property located on
the north side of Chaney Street approximately 920 feet west of Mlnthorn Street (APN
377 140024) and
WHEREAS the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of approving Conditional Use Permits for expanded
conditional uses and outdoor storage areas and
WHEREAS, public notice of the CUP has been given and the Planning
Commission has conSidered eVidence presented by the Communrty Development
Department and other Interested parties at a public heanng held with respect to this
Item on November 6 2007
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS
SECTION 1 The Plannrng Commission has conSidered the proposed request
for Conditional Use Permit No 2007 21 and has found It acceptable The Planning
Commission finds and determines that this Conditional Use Permit No 200721 IS
consistent with the Lake Elsinore Munrclpal Code (LEMC)
SECTION 2 The Planning Commission has conSidered the Mitigated Negative
Declaration No 2007 05 and has determined that the Mitigated Negative Declaration
has been prepared In compliance with the Californra EnVIronmental Quality Act
SECTION 3 That In accordance with Chapter 1774 of the Lake Elsinore
Municipal Code the Planning Commission makes the follOWing findings for the approval
of Conditional Use Permit 2007 21
1 The proposed use on ItS own ments and within the context of ItS setting IS In
accord with the objectives of the General Plan and the purpose of the planning
dlstnct In WhiCh the site is located
In order to achIeve a well balanced and functIOnal mix of reSidentIal commercial
mdustnal open space recreatIOnal and mstltutlOnal land uses the project has
been evaluated m light of land use compatIbility nOise traffIC and other
enVironmental hazards The proposed allowance for office and commercIal
showroom uses wlthm BUlldmg ABC & 0 wlthm the light mdustnal park
Agenda Item No 20
Page 63 of 112
PLANNING COMMISSION RESOLUTION NO 2007
PAGE NO 2 OF 4
comports with the objectIVes of the General Plan and the purpose of the plannmg
dlstnct m which the site IS located The optIOnal land uses would only be
operated wlthm a small portIOn of the light mdustnal park and are Similar to other
uses already permitted wlthm the vlcmlty of the project site In addition to the
extent necessary conditIOns of approval have been Imposed upon the
Conditional Use Permit to ensure that the additional uses Will not negatively
Impact surroundmg properties
The proposed onslte outdoor storage areas have also been evaluated agamst
applicable Development Code proVisIOns and necessary conditIOns of approval
have been Imposed to ensure land use compatibility With surroundmg land uses
2 The proposed use will not be detrimental to the general health safety comfort or
general welfare of persons residing or working Within the neighborhood of the
proposed use or the City or InJUriOUS to property or Improvements In the
neighborhood or the City
GIVen the potential for the proposed office and commercial showroom uses and
outdoor storage areas to have a potential Impact the welfare of persons resldmg
or workmg wlthm the neighborhood or the City all applicable City Departments
and Agencies have been afforded the opportUnity for a thorough review of the
uses and have mcorporated all applicable comments and/or conditions related to
mstallatlOn and mamtenance of the bUlldmgs landscapmg slgnage and onslte
parkmg Improvements so as to ellmmate any negative Impacts to the general
health safety comfort or general welfare of the surroundmg neighborhood or the
City
3 The site for the Intended use IS adequate In size and shape to accommodate the
use and for all the yards setbacks walls or fences landscaping buffers and
other features reqUired by Title 17 of the LEMC and the Historic Elsinore
Architectural Design GUidelines
The proposed office and showroom commercial uses and outdoor storage areas
have been designed m consideratIOn of the size and shape of the property
thereby strengthenmg and enhancmg the Immediate light mdustnal area
Further the project as proposed Will complement the quality of eXlstmg
development and Will create a Visually pleasmg non detractive relatIOnship
between proposed and eXlstmg projects The condommlUm complex has been
reViewed to ensure adequate provIsion of landscapmg and onslte parkmg
4 The site for the proposed use relates to streets and highways With proper design
both as to Width and type of pavement to carry the type and quantity of traffiC
generated by the subject use
The proposed office and commercial showroom uses and outdoor storage areas
have all been reViewed m relatIOn to the Width and type of pavement needed to
carry the type and quantity of traffic generated by the uses Moreover all
Agenda Item No 20
Page 64 of 112
PLANNING COMMISSION RESOLUTION NO 2007
PAGE NO 30F4
potential Impacts have been evaluated pnor to the Plannmg Commission s
approval of the Conditional Use Permit
5 In approving the subject use located at Assessor Parcel Number 377 140024
there will be no adverse affect on abutting property or the permitted and normal
use thereof
The proposed uses has been thoroughly reviewed and conditioned by all
applicable City Departments and outside Agencies ellmmatmg the potential for
any and all adverse effects on the abuttmg property
6 Adequate conditions and safeguards pursuant to Section 17 74 50 of the LEMC
have been Incorporated Into the approval of the Conditional Use Permit to Insure
that the use continues In a manner envIsioned by these findings for the term of
the use
Pursuant to Section 1774050 of the Lake E1smore MUnicipal Code the
proposed office and showroom commercial land uses and outdoor storage areas
located at Assessor Parcel Number 377140024 has been scheduled for
consideration and approval of the Plannmg Commission
SECTION 4 Based upon the eVidence presented the above findings and the
attached conditions of approval the Planning Commission hereby approves Conditional
Use Permit No 2007 21
SECTION 5 ThiS Resolution shall take effect from and after the date of ItS
passage and adoption
PASSED, APPROVED AND ADOPTED thiS 6th day of November 2007 by the
following vote
AYES COMMISSIONERS
NOES COMMISSIONERS
ABSENT COMMISSIONERS
ABSTAIN COMMISSIONERS
Michael 0 Neal Chairman
City of Lake ElSinore
ATTEST
Rolfe Prelsendanz
Director of Community Development
Agenda Item No 20
Page 65 of 112
RESOLUTION NO 2007 ~
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE APPROVAL OF INDUSTRIAL DESIGN
REVIEW NO 2006 03
WHEREAS Stacey Peterson of McArdle Associates Architects filed an
application With the City of Lake Elsinore requesting approval of Industrial Design
Review No 2006 03 for the design and construction of twenty (20) light Industrial
bUildings ranging In size from 6810 square feet to 30989 square feet on a 17 2 acre
site With related Improvements (the ProJect) located on the north side of Chaney
Street approximately 920 feet west of Mlnthorn Street APN 377 140 124 (the
Property) and
WHEREAS the Planning Commission of the City of Lake ElSinore has been
delegated With the responsibility of considering and making recommendations to the
City CounCil for Industnal deSign review applications and
WHEREAS on November 6 2007 at a duly noticed public heanng the Planning
CommiSSion considered eVidence presented by the Community Development
Department and other Interested parties With respect to thiS Item
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS
SECTION 1 The Planning CommiSSion has considered the Industnal DeSign
ReView prior to making a deCISion to recommend that the City CounCil approve the
application The Planning CommiSSion finds that the Industnal DeSign ReView satisfies
all requirements set forth In Chapter 17 82 of the Lake ElSinore Municipal Code
SECTION 2 The Planning CommiSSion has considered the MItigated Negative
Declaration No 2007 05 and has determined that the Mitigated Negative Declaration
has been prepared In compliance With the California EnVIronmental Quality Act
SECTION 3 That In accordance With the State Planning and ZOning Law and
the Lake ElSinore MUniCipal Code the Planning CommiSSion makes the follOWing
findings for the approval of Industrial DeSign ReView 2006 03
1 The Project as approved Will comply With the goals and objectives of the
General Plan Specific Plan and the ZOning Dlstnct In which the Project IS
located
The Project complies With the goals and objectIVes of the General Plan
because It Will assist In achieVing the development of a well balanced and
functIOnal mix of residential commercial industrial open space recreatIOnal
and institutIOnal land uses The Project will serve to greater diverSify and
expand Lake ElSinore s economic base
Agenda Item No 20
Page 66 of 112
PLANNING COMMISSION RESOLUTION NO 2007-
PAGE 2 OF 3
2 The Project complies with the design directives contained In the General Plan
Urban Design Element and all other applicable provIsions of the Lake
Elsinore MUnicipal Code
The Project IS appropnate to the site and surroundmg developments m that
the light mdustnal park conslstmg of twenty (20) bUlldmgs has been desIgned
m consideratIOn of the size and shape of the property SuffIcIent setbacks and
enhanced onslte landscapmg have been provided thereby creatmg mterest
and varymg vistas as a person moves along abuttmg streets and wlthm the
park In addItIOn safe and efficient circulatIOn has been achieved onslte
The Project wIll compliment the qualIty of eXlstmg development and will create
a visually pleasmg non detractIve relationship between the proposed
development and eXlstmg projects through the use of a Contemporary
architectural design that IS sImilar to eXlstmg mdustnal developments m the
VICInity A vanety of architectural elements and colors are proposed mcludmg
recessed bUlldmg entnes multiple parapet heights decoratIVe score lmes and
eye brow canopies In additIon proposed neutral tone colors will seNe to
blend With surroundmg developments and provide eVidence of a concem for
quality and ongmality
3 Subject to the attached conditions of approval the Project IS not anticipated to
result In any significant adverse environmental Impacts
The Plannmg Commission has considered the Mitigated Negative DeclaratIOn
No 2007 05 and has determmed that the Mitigated Negative Declaration has
been prepared m compliance wlfh the California Enwonmental Quality Act
All potential Impacts can be mitIgated to less than significant levels and as
such the Project will not have a slgmficant effect on the environment
4 Conditions and safeguards pursuant to Chapter 17 82 070 of the Zoning
Code including guarantees and eVidence of compliance With conditions have
been Incorporated Into the approval of the Project to ensure development of
the property In accordance With the objectives of Chapter 17 82
Pursuant to Section 1782070 of the Lake Elsmore MUnicipal Code the
Project has been scheduled for consideration and approval of the Plannmg
Commission on November 6 2007
SECTION 4 Based upon all of the eVidence presented the above findings and
the conditions of approval Imposed upon the Project the Planning Commission hereby
approves Industnal DesIgn RevIew 2006 03
SECTION 5 This Resolution shall take effect from and after the date of ItS
passage and adoption
Agenda Item No 20
Page 67 of 112
PLANNING COMMISSION RESOLUTION NO 2007-
PAGE 3 OF 3
PASSED, APPROVED AND ADOPTED this 6th day of November 2007 by the
following vote
AYES COMMISSIONERS
NOES COMMISSIONERS
ABSENT COMMISSIONERS
ABSTAIN COMMISSIONERS
Michael 0 Neal Chairman
City of Lake Elsinore
ATTEST
Rolfe M Prelsendanz
Director of Community Development
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CITY OF ~
LAKE \SLSINO~
~..~ DREAM EXTREMEN
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27,2007
SUBJECT SECOND READING - ADOPTION OF ORDINANCE NO 1237,
ADOPTION OF BUILDING CODES
DIscussion
Ordinance No 1237 was Introduced at a regular City Council meeting on November 13
2007 and IS now being presented for second reading and adoption
Recommendation
Waive further reading and adopt Ordinance No 1237 entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE CALIFORNIA REPEALING AND REENACTING CHAPTERS
1502 1504 1520 1524 1536 1538 1556 OF THE MUNICIPAL
CODE ADOPTING BY REFERENCE THE 2007 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE KNOWN AS THE
CALIFORNIA CODE OF REGULATIONS TITLE 24 (CCR T 24)
INCORPORATING THE INTERNATIONAL BUILDING CODE 2006
EDITION THE UNIFORM PLUMBING CODE 2006 EDITION THE
UNIFORM MECHANICAL CODE 2006 EDITION THE NATIONAL
ELECTRICAL CODE 2005 EDITION THE INTERNATIONAL EXISTING
BUILDING CODE 2006 EDITION THE INTERNATIONAL FIRE CODE
2006 EDITION AND AMENDING THOSE CALIFORNIA BUILDING
STANDARDS AS IDENTIFIED HEREIN THROUGH EXPRESS
FINDINGS OF LOCAL NECESSITY
Prepared by
VIvian M Munson
City Clerk
Approved by
Robert A Brady01W7
City Manager ~
Agenda Item No 21
Page 1 of 13
ORDINANCE NO 1237
AN ORDINANCE OF THE CITY COUNCIL FO THE CITY
OF LAKE ELSINORE CALIFORNIA REPEALING AND
REENACTING CHAPTERS 1502, 1504, 1520, 1524,
1536, 1538, 1556 OF THE MUNICIPAL CODE,
ADOPTING BY REFERENCE THE 2007 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS
THE CALIFORNIA CODE OF REGULATIONS, TITLE 24
(CCR, T 24), INCORPORATING THE INTERNATIONAL
BUILDING CODE, 2006 EDITION, THE UNIFORM
PLUMBING CODE, 2006 EDITION, THE UNIFORM
MECHANICAL CODE, 2006 EDITION, THE NATIONAL
ELECTRICAL CODE, 2005 EDITION, THE
INTERNATIONAL EXISTING BUILDING CODE, 2006
EDITION, THE INTERNATIONAL FIRE CODE, 2006
EDITION, AND AMENDING THOSE CALIFORNIA
BUILDING STANDARDS AS IDENTIFIED HEREIN,
THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY
follows
WHEREAS, The City Council of the City of Lake Elsinore does ordain as
Section 1 Ordinance number 1087 IS hereby repealed with the exception
of chapters 15 08 15 12 15 16 which address abatement of dangerous bUildings
relocation of bUildings and housing code provISions respectively and also with the
exception of 1504020 BCD and E 1520020 B 1524020 Band 1538020
A and their respective code sections which establish fees for building mechanical
plumbing and electrical fees respectively These will remain In place un amended
and are not apart of the State BUilding Standards
Section 2 1504010 BUilding Code Adopted
Except as prOVided In thiS chapter those certain bUilding codes known and
designated as the California Building Code 2007 Edition Including AppendiX 1
AppendiX I and AppendiX J based on the 2006 International BUilding Code as
published by the International Code Council with the amendments set forth In
Section 15 04 020 shall become the bUilding codes of the City for regulating the
erection construction enlargement alteration repair moving removal demolition
conversion occupancy equipment use height area and maintenance of all
bUildings and/or structures In the City The Callforma BUilding Code and ItS
appendiX Will be on file for public examination In the office of the BUilding OffiCial
and the office of the City Clerk
1
Agenda Item No 21
Page 2 of 13
15 04 020 Building Code - Local Amendments
The 2007 California Building Code as adopted by 1504010 IS hereby
adopted with the following local amendments
A The following sections are amended to read as follows with amendments
additions and deletions
International BUilding Code 2006 Edition including Appendix 1 Appendix I and
Appendix J including Exhibit A attached thereto
Uniform Mechanical Code 2006 Edition Including Exhibit A attached thereto
Uniform Plumbing Code 2006 Edition including Exhibit A attached thereto
National Electncal Code 2005 Edition including Exhibit A attached thereto
International Fire Code 2006 Edition Including Exhibit A attached thereto
International EXisting BUilding Code 2006 Edition including Exhibit A attached
thereto
Section 3
This ordinance IS enacted pursuant to and In compliance with Health and
Safety Code Section 18941 5 and as expressly permitted In Government Code
Section 50022 2 For all codes the effective date of this ordinance shall be
January 1 2008
Express Finding #1 As required by Health and Safety Code 18941 5 (c)
The City Council of the City of Lake Elsinore hereby expressly finds that
amendments to the BUilding Code adopted by this ordinance and as descnbed In
Section 15 04 020 are necessary for the protection of the public health safety and
welfare due to the local climatic geologiC or topographical condltlon(s) each of
which IS specifically addressed In the attached Resolution of Findings
Section 4
The City Clerk IS hereby directed to file a copy of this ordinance With the
California BUilding Standards Commission of the State of Califomla
CALIFORNIA BUILDING CODE
2007 AMENDMENTS
Section 108 4 2 IS hereby amended to Include the following wording as the second
sentence In the paragraph
The fees for Plan Check and Permit shall be as set pursuant to Chapter 3 32 of
the Lake Elsinore MUnicipal Code and as adopted In Ordinance 1087
Section 113 4 Violation penalties IS hereby amended by revIsing the following text
to read as follows
2
Agenda Item No 21
Page 3 of 13
VIOLATION PENALTIES
Any person firm or corporation violating any of the provIsions or failing to
comply with any of the mandatory requirements of the Ordinances of Lake Elsinore
shall be gUilty of a misdemeanor Any person convicted of a misdemeanor under
the Ordinances of Lake Elsinore shall be pUnished by a fine of not more than one
thousand dollars or by Impnsonment not to exceed SIX months or by both such
fine and Impnsonment Each such person shall be gUilty of a separate offense for
each and every day dunng any portion of which any violation of any provIsion of
the Ordinances of Lake Elsinore IS committed continued or permitted by any such
person and shall be punished accordingly
Section 202 IS amended by revIsing the definition of High Rise BUilding Item #2
from 75 feet to 55 feet to read as follows
High nse structure means every bUilding of any type of construction or occupancy
having floors used for human occupancy located more than 55 feet (16764 mm)
above the lowest floor level having building access (See Section 413 1 2) except
bUildings used as hospitals as defined In Health & Safety Code Section 1250
Section 403 10 2 and 403 11 1 are modified by moving #3 Ventilation and
automatic fire detection equipment for smoke proof enclosures from 403 10 2
Standby Power Loads and plaCing It In 403 11 1 Emergency Power Loads The
revised Sections are to read as follows
403 10 2 Standby power loads The following are classified as standby power
loads
1 Power and lighting for the fire command center required by Section 403 8
2 Electncally powered fire pumps
Standby power shall be provided for elevators In accordance with Sections 1007 4
and 3003
403 11 1 Emergency power loads The following are classified as emergency
power loads
1 EXit signs and means of egress Illumination required by Chapter 10
2 Elevator car lighting
3 Emergency vOice/alarm communications systems
4 Automatic fire detection systems and
5 Fire alarm systems
6 Ventilation and automatic fire detection equipment for smoke proof
enclosures
3
Agenda Item No 21
Page 4 of 13
Section 412 5 1 IS amended by adding a definition for emergency helicopter
landing facIlities on high rises which will reference applicable Fire Code provIsions
and IS to read as follows
EMERGENCY HELICOPTER LANDING FACILITY (EHLF) A landing area on the
roof of a high rise bUilding that IS not Intended to function as a helicopter or
helistop but IS capable of accommodating fire or medical helicopters engaged In
emergency operations In accordance with California Fire Code Section 1108
Federal AViation Administration (FAA) approval IS not required for an EHLF
Table 1505 11s hereby amended by the deletion ofTable 15051 and the addition
of a new Table 1505 1 thereto to read as follows
TABLE 15051
MINIMUM ROOF COVERING CLASSIFICATIONS
TYPES OF CONSTRUCTION
IA IB IIA liB iliA IIIB IV VA VB
B B B B B B B B B
_ Section 1505 1 3 IS hereby amended by the deletion of the entire section and
the addition of a new section thereto to read as follows
1505 1 3 Roof coverings within all other areas The entire roof covering of every
eXisting structure where more than 50 percent of the total roof area IS replaced
within anyone year period the entire roof covering of every new structure and any
roof covering applied In the alteration repair or replacement of the roof of every
eXisting structure shall be a fire retardant roof covering that IS at least Class B
SectIon 1613 7 IS added to Chapter 16 of the 2007 Caltforma But/dmg Code to
read as follows
16137 MInimum Distance for BUlldmg Separation All structures shall be
separated from adjOining structures Separations shall allow for the maximum
inelastiC response displacement (t'M) ~M shall be determined at Critical locations
with consideration for both translational and torsional displacements of the
structure as follows
~ _ Cdomax
M - I
(Equation 16 45)
4
Agenda Item No 21
Page 5 of 13
Where limax IS the calculated maximum displacement at Level x and may be
taken as 1 2 times the average of the displacement at the extreme pOints of the
structure at level x
Adjacent buildings on the same property shall be separated by at least a
distance "'MT where
~ MT = -J ( ~ Ml ) 2 + (~ M2 ) 2
(Equation 16 46)
and "'M1 and "'M2 are the maximum Inelastic response displacements of the
adjacent bUildings
Where a structure adjoins a property line not common to a public way the
structure shall also be set back from the property line by at least the
displacement "'M of that structure
ExceptIOn Smaller separations or property Ime setbacks shall be permitted when
Justified by rational analyses
References
1 IBC 2000 Section 162036 BUilding Separations IBC 2003 Section 162045
BUilding Separations
2 Recommended Lateral Force Requirements and Commentary - Section
C10B 2 11 Bulldmg SeparatIons Structural Engineers AssociatIon of California
Sacramento CA 1999 Edition
3 CBC 2002 (UBC 1997) Section 1630 9 2 Determination of "'M Section
1630 10 1 General and Section 1633 2 11 BUilding Separations
4 Los Angeles Regional Uniform Code Program Item 1601
Section 1614 16141 16141 1 Adopt the minimum seismiC base shear
provIsions of ASCE 7 02 In place of the ASCE 7 05 provIsions by adding Section
1614 16141 and 1614 1 1 to Chapter 16 of the 2007 CBC to read as follows
Section 1614
Modifications to ASCE 7
16141 General The text of ASCE 7 shall be modified as mdlcated m thiS Section
161411 ASCE 7. SectIOn 12811 Modify ASCE 7 Section 12811 bv amendma
Eauatlon 12 8 5 as follows
5
Agenda Item No 21
Page 6 of 13
Cs=~0044 Silli.'
(Eq 1285)
Section 1614A 1 8 IS hereby added by adopting Section 1614A 1 8 modifYing
ASCE 7 Equation 128 16 as adopted by OSHPD and DSA and as already
provided In Chapter 16 A of the C B C
Section 1614A 1 12 IS hereby added by adopting Section 1614A 1 12 modifYing
ASCE 7 Section 13 5 6 2 to add seismiC design reqUirements for suspended
ceilings as adopted by DSA and as already provided In Chapter 16 A of the CBC
_ Sections 1908 17 1908 17 1 and 1908 17 2 are added to Chapter 19 of the
2007 California BUilding Code to read as follows
1908117 ACI 318, Equation (147) of Section 1483 and 1484 Modify ACI 318
Sections 1483 and 1484 as follows
1908117 1 Modify equation (14 7) of ACI 318 Section 1483 to read as
follows
ler shall be calculated by Equation (147) and Ma shall be obtained by Iteration of
deflections
E ( P h)( )' lwc
I =- A +-- d-c +-
E fy 2d 3
(147)
and the value Es/Ee shall not be taken less than 6
19081172 Modify ACI 318 Sec 1484 to read as follows
1484 - Maximum out of plane deflection bos due to service loads including Pbo
effects shall not exceed IJ150
If Ma maximum moment at mid height of wall due to service lateral and eccentriC loads
including Pbo effects exceed e'3) Mcr bos shall be calculated by Equation (14 8)
M _2M
L'J. =~L'J. + a 3" c (L'J. -~L'J. )
3 c M -~M 3 c
n 3 cr
(148)
If Ma does not exceed e/3) Mcr bos shall be calculated by Equation (14 9)
L'J., =(: JL'J.c
(149)
6
Agenda Item No 21
Page 7 of 13
where
~cr
5M crt;
=
48 E J g
~ =
5M t2
48 EJc
Appendix J IS hereby amended by the addition of a new section thereto to read as
follows
Section J110 3 Temporary Erosion Control
A Separate plans for temporary drainage and erosion control measures to be used
dUring the rainY season shall be submitted prior to October 1 The control
devices shown on said plans shall be Installed no later than October 15 and
maintained In operable condition until April 15 These plans shall provide the
following
1 Temporary sOil stabilization measures shall be Installed on graded slopes
exceeding a three to one ratio and/or ten feet In height
2 Deslltlng facIlity shall be provided at all drainage outlets from the graded
site designed for the twenty five year SIX hour storm intensity They must
be detailed on the plans Design and specific recommendations shall be
submitted for the following
· Deslltlng basin volume based on gradient and nature of sOils
· The extent of all graded areas and Identification of any temporary
soil stabilization measures
. Size of deslltlng basin outlet pipe and over flow
· Dike requirements Minimum wall width slope of walls percent of
compaction etc
3 The following notes shall be placed on the plans
.
In case of emergency call
at
(responsible person)
(24 hour number)
7
Agenda Item No 21
Page 8 of 13
. The undersigned cIvil engineer will supervise erosion control and
certify that work IS In accordance with the approved plans
(signature reg * explralion date)
(name pnnted)
(dated)
4 Indicate on the plan which streets will be paved and which
drainage deVices will be completed by October 15
5 Placement of deVices to reduce erosion damage Within the tract IS
left to the discretion of the Engineer These deVices If any must
be shown on the plan because their presence will affect the
required capacity of the deslltlng baSin
6 Outlet conditions from the deslltlng baSin shall not exceed
downstream limitations With the exception of overflow which IS to
be deSigned to proVide capacity of 1 5 times the maximum deSign
flow
B Temporary EroSion Control Measures
1 The permittee shall keep a standby crew for emergency work available at
all times dunng the rainY season Necessary matenals shall be available
onslte and stockpiled at convenient locations to faCilitate rapid
construction of temporary deVices or to repair any damaged erosion
control measures when rain IS Imminent
2 DeVices shall not be moved or modified Without the approval of the
BUilding Official or In an emergency by the person responsible for grading
operalions
3 All removable protective deVices shown shall be In place at the end of
each working day when the five day rain probability forecast exceeds forty
percent Forecasts shall be received from broadcasts proVided by the
United States Weather Service
4 After a rainstorm all Silt and debns shall be removed from check berms
and deslltlng baSinS and the baSinS pumped dry Any graded slope
surface protection measures damaged dunng a rainstorm shall also be
Immediately repaired Failure to proVide effeclive maintenance may result
In penalties as proVide per Section 205
8
Agenda Item No 21
Page 9 of 13
5 Fill slopes at the tract penmeter must drain away from the top of the slope
at the conclusIon of each working day
6 At least one guard shall be posted on the site whenever the depth of
water In any device exceeds eighteen Inches Additional guards may be
reqUIred as deemed necessary by the BUilding Official
7 After a rainstorm all silt and debns shall be removed from public drains
and pipes and from drains and pipes of adjacent properties
C Subsequent RainY Seasons For projects extending Into subsequent rainY
seasons for temporary drainage and erosion control plans shall be submitted
These plans shall comply with all reqUirements In Section J110 3 (A) and (B)
Chapter 15 20 of Title 15 of the City of Lake ElSinore MUnicipal Code IS hereby
repealed In ItS entirety and a new Chapter 15 20 IS hereby added In place thereof to
read as follows
CHAPTER 15 20
MECHANICAL CODE
Section 15 20 010 Established
Except as provided In thiS chapter the California Mechanical Code 2007 Edition based
on the 2006 Uniform Mechanical Code as published by the IAMPO shall be and
become the Mechanical Code of the City regulating and controlling the design
construction installation quality of matenals location operation and maintenance of
heating ventilating cooling refngeratlon systems inCinerators and other miscellaneous
heat producing appliances The California Mechanical Code IS on file for public
examination In the office of the BUilding OffiCial and the office of the City Clerk
Section 15 20 020 Amendments
The 2007 Edition of the California Mechanical Code IS hereby amended as follows
Section 10842 IS hereby amended to Include the follOWing wording as the second
sentence In the paragraph
The fees for each Permit shall be as set pursuant to Chapter 3 32 of the Lake
ElSInore MUniCipal Code and as adopted In Ordinance 1087
Chapter 15 24 of Title 15 of the Lake ElSinore Municipal Code IS repealed In ItS entirety
and a new Chapter 15 24 IS hereby added In place thereof to read as follows
9
Agenda Item No 21
Page 10 of 13
CHAPTER 15 24
PLUMBING CODE
Section 1524010 Established
Except as provided In this chapter the California Plumbing Code 2007 Edition based
on the 2006 Uniform Plumbing Code as published by the International Association of
Plumbing and Mechanical Officials shall be and become the Plumbing Code of the City
of Lake Elsinore regulating erection Installation alteration repair relocation
replacement maintenance or use of plumbing systems within the City The California
Plumbing Code will be on file for public examination In the office of the BUilding Official
and the office of the City Clerk
Section 15 24 020 Amendments
The 2007 Edition of the California Plumbing Code IS hereby amended as follows
Section 10842 IS hereby amended to Include the following wording as the second
sentence In the paragraph
The fees for each Permit shall be as set pursuant to Chapter 3 32 of the Lake
Elsinore MUniCipal Code and as adopted In Ordinance 1087
Sections 15 38 010 15 38 020 of Chapter 15 38 of Title 15 of the Lake Elsinore
Municipal Code are hereby repealed In their entirety and new Sections 1538010 &
15 38 020 of Chapter 15 38 of TItle 15 are hereby added In place thereof to read as
follows
CHAPTER 15 38
CALIFORNIA ELECTRICAL CODE
Section 1538010 Established
Except as provided In this chapter the California Electrical Code 2007 Edition based on
the 2005 National Electrical Code as published by the National Fire Protection
ASSOCiation shall be and become the Electrical Code of the City of Lake ElSinore
regulating all Installation arrangement alteration repair use and other operation of
electrical wIring connections fixtures and other electrical appliances on premises within
the City The California Electrical Code IS on file for public examination In the office of the
Building OffiCial and the office of the City Clerk
Section 15 38 020 Amendments
10
Agenda Item No 21
Page 11 of 13
The 2007 Edition of the California Electrical Code IS hereby amended as follows
Section 8910842 IS hereby amended to Include the following wording as the
second sentence In the paragraph
The fees for each Permit shall be as set pursuant to Chapter 3 32 of the Lake
ElSinore Municipal Code and as adopted In Ordinance 1087
Article 310 2(B) IS hereby amended by the addition of a second paragraph to
read as follows
Copper wire shall be used for wiring No 6 and smaller In all installations
Consideration for use of aluminum wIring can be made by the Building OffiCial for
feeder lines only on an individual basIs where adequate safety measures can be
ensured
Article 310 IS amended by addition of a new Article 31016 to read as follows
31016 Continuous Inspection of aluminum wiring
Aluminum conductors of No SIX (6) or smaller used for branch circuits shall require
continuous inspection by an Independent testing agency approved by the BUilding
OffiCial for proper torquing of connections at their termination pOint
ADOPTION OF 2007 EDITION OF THE CALIFORNIA EXISTING BUILDING
CODE
Except as provided In thiS chapter the California EXisting BUilding Code Appendix A 1
based on the 2006 International EXisting BUilding Code as published by the International
Code Council shall become the EXisting BUilding Code of the City for regulating eXisting
bUildings In the City The California EXisting BUilding Code will be on file for public
examination In the office of the BUilding OffiCial and the office of the City Clerk
All Sections of the Code are deleted except Appendix A 1 which IS hereby adopted with
no amendments
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake ElSinore California on thiS 28th day of August 2007
ROBERT E MAGEE
MAYOR
11
Agenda Item No 21
Page 12 of 13
ATTEST
VIVIAN M MUNSON
CITY CLERK
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSUDE )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 1237 was Introduced at a regular meeting
of the City Council of the City of Lake Elsinore on the 13th day of November
and was finally passed at a regular meeting of the City Council of the City of Lake
ElSinore held on the 27th day of November by the following roll call vote
AYES
NOES
ABSENT
ABSTAIN
VIVIAN M MUNSON
CITY CLERK
12
Agenda Item No 21
Page 13 of 13
CITY OF ~
LAKE ,6,LSINORI:
?;t.~ DREAM E;(TREME.
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27, 2007
SUBJECT INTRODUCTION OF AN ORDINANCE REQUIRING A SPECIAL EVENT
PERMIT TO OPERATE HYDROPLANE VESSELS ON LAKE ELSINORE
Backaround
In July 2007 the Freedom Racing Team a hydroplane racing company approached
the City about operaling on Lake Elsinore This type of vessel can reach speeds In
excess of 150 mph City Staff responded that there IS no regulallon to prevent this type
of vessel from operating on Lake Elsinore Just pnor to this vessel being shipped to
Lake Elsinore the vessel expenenced mechanical problems that delayed deployment
A hydroplane type vessel IS aerodynamically deSigned to minimize fnctlon With the
water This type of vessel IS charactenzed by flYing atop the surface water uSing
engines often powered by Chinook helicopter turbines This type of vessel IS more
prone to becoming airborne With a complete loss of control by the pilot The history of
hydroplane racing IS replete With catastrophic racing accidents Over the last twenty
years safety features have Improved to protect the hydroplane pilot which Include an
F 16 aircraft safety canopy reinforced cockpit use of gyroscopes and an Indy Car'
type seat belt system However these safety features do not directly protect other
boaters
The proposlllon of operating a hydroplane racing vessel on Lake Elsinore Side by Side
With amateur recreational boaters raised substanlial public safety concerns
DISCUSSion
City Staff brought this Issue forward to the Public Safety AdvIsory Commission (PSAC)
for review The Commissioners studied a Wide vanety of Issues regarding high speed
boating on the Lake City Staff recommended to the PSAC that owners of hydroplane
vessels be required to obtain a Special Event Permit from the City pnor to operating a
hydroplane vessel on Lake Elsinore This would give City Staff and the Shenffs
Department an opportunity to assess the public safety nsks and place additional safety
Agenda Item No 22
Page 1 of 8
Ordmance Hydroplane Vessels
November 27 2007
Page 2
condlllons upon the owner of the vessel to protect the boatmg public Potential
conditions of approval that may be required by the Special Event Permit Include
. Specified date and time for operation
. Extra penmeter (guard) boats to secure the operational area
. Proper markmg of the operational area
Organizer to pay for added Shenffs Lake Patrol and
Orgamzer to pay for public notification matenals
The Public Safety AdvIsory Commissioners concurred with Staff s recommendation and
approved the draft ordmance to regulate hydroplane vessels The PSAC has taken
other Issues of high speed boatmg on Lake Elsinore under advisement for possible
future recommendations
Fiscal Impact
No fiscal Impact to the City IS anticipated by adoption of this ordinance
Recommendation
Waive further reading and mtroduce an ordmance amending section 996140 of the
Lake Elsinore Municipal Code regardmg the use of hydroplane vessels
Prepared by
Pat Kilroy
Director of Lake and Aquatic Resources
Robert A BradyO ~
City Manager ~
Approved by
Agenda Item No 22
Page 2 of 8
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AMENDING SECTION 9 96 140 OF THE LAKE
ELSINORE MUNCIPAL CODE REGARDING USE OF
HYDROPLANE VESSELS
WHEREAS the City desires to provide vanous recreational uses on the waters
of Lake Elsinore and
WHEREAS such divergent recreational uses may present Inherent safety
Issues requiring the City to regulate the time and place of such uses so that all
recreational uses have a reasonable opportunity to enJoy the benefits of the Lake In a
safe manner and
WHEREAS, the City seeks to regulate certain high speed vessels In order to
Insure that appropnate safety precautions are Implemented and safety personnel are
readily available when these vessels are uSing the Lake and
WHEREAS, the City Council wishes to amend Section 9 96 140 of the Lake
Elsinore Municipal Code
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1 That Section 9 96 140 of the Lake Elsinore Municipal Code shall be
amended to add subpart G as follows
G No person shall operate a hydroplane vessel on Lake Elsinore unless
authonzed pursuant to a special event permit as provided In Chapter 5 73 For
purposes of this subpart G a hydroplane vessel means a motorboat that has been
designed to nse out of the water and skim along the surface when the vessel IS
travelling at high speeds
SECTION 2 SEVERABILITY If any provIsion clause sentence or paragraph of
this Ordinance or the application thereof to any person or circumstance shall be held
invalid such invalidity shall not affect the other provIsions of this Ordinance and are
hereby declared to be severable
SECTION 3 EFFECTIVE DATE This Ordinance shall take effect thirty (30)
days after the date of ItS final passage The City Clerk shall certify as to adoption of thiS
Ordinance and cause thiS Ordinance to be published and posted In the manner required
bylaw
0711270 finance re Hydorplanes doc
1
Agenda Item No 22
Page 3 of 8
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore California on this _ day of 2007 upon the
following roll call vote
ROBERT E MAGEE
MAYOR
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 the foregOing Ordinance No was Introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 27th day of November
2007 and was finally passed at a regular meetmg of the City CouncIl of the City of Lake
Elsinore held on the day of 2007 by the follOWing roll call vote
AYES
NOES
ABSENT
ABSTAIN
VIVIAN M MUNSON
CITY CLERK
2
Agenda Item No 22
Page 4 of 8
No 22
Agenda Item 5 f 8
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Agenda Item No 22
Page 6 of 8
9 96 140
9 96 090
LAKE ELSINORE CODE
/
~~
996090 SkI tow rope No person shall
operate a boat wIth a skI tow hne exceedmg
seventy fIVe feet except m the fast boat
zone (Ord 957 1993)
996100 Towed equIpment No person
shall tow wIth a boat any deVIces whIch
may be used to carry persons other than
water skIS or aquaplanes wIthout the
wntten permIssIon from the CIty m a
specIal exhIbItIon or event (Ord 957 1993)
996110 SaIlboats No person shall
operate a saIlboat wlthm the fast boat zone
(Ord 957 1993)
996120 Boat speed hmlts No person
shall operate a boat m a umt at speeds m
excess of that authonzed for the area m
whIch the boat IS operatmg Boat speed
lImIts shall be deSIgnated and posted
A The malomum allowable boat speed
hmlt of Lake Elsmore IS thIrty five mIles
per hour except m the deSIgnated hIgh
speed zone
B FIve mIles per hour (Idle/wakeless
forward motIon) IS the maxImum allowable
speed m
1 Buoyed areas shorelme to buoys
2 Dunng restrIcted VISIbIlIty
(VISIbIlIty less than one thousand feet fog
haze and/or smoke)
3 Wlthm one hundred feet of a
person In water
C There IS no deSIgnated speed lImIt m
the hIgh speed zone except dunng the
followmg days every Saturday and Sunday
begInmng WIth the last Saturday m May
and endIng WIth the fust Sunday In
September MemorIal Day the Fourth of
July and Labor Day Dunng these
deSIgnated days the maxImum allowable
boat speed IInut of Lake Elsmore IS thIrty
five mIles per hour
(Ord 1100 ~ 1 2003 Ord 957 1993)
996125 Length of vessels Vessels
operatmg on Lake Elsmore shall not exceed
a malOmum of forty feet m length, unless
authonzed by wntten order of the CIty
Manager (Ord 1100 ~ 2 2003 Ord 1063 ~
II 2000)
996130 OperatIng boats dUrIng
mghttlme Where nIght boatmg IS
authonzed no person shall operate a boat
at speeds m excess of five mIles per hour
unless authonzed by wntten order of the
CIty Manager (Ord 1063 ~ I (part) 2000
Ord 957 1993)
~.. V._l::J:..YF
A No person s all beach land launch
moor dock or berth a vessel boat or any
other object overnIght except m areas so
deSIgnated and posted by the Department
B The Department may by postmg of
an order speCIfy locatIOns condItIOns and
lImItatIOns for the beachmg landmg
launchmg moonng dockIng or berthIng of
a vessel boat or any other object No such
postmg of notIces shall apply untIl SIgnS or
markIngs glvmg notIce thereof have been
placed
C Beached or abandoned vessels
boats or any other objects are to be re
moved by the regIstered owner from CIty
property wIthm twenty four hours of
notIficatIOn The last regIstered owner of
record IS responsIble and IS thereby lIable
for the cost of removal and dIspOSItIOn of
the vessel boat or other object beached or
abandoned
D Persons aboard saIl boards must
have aboard a Umted States Coast Guard
approved personal flotatIon deVIce (Type I
'\
922
AQenda Item No 22
Rev Ora Supp ~ge 7 of 8
9 96 150
PUBLIC PEACE MORALS AND WELFARE
9 96 180
II III or IV) for each person aboard the
saIlboard when the saIlboard IS operated
on the water The personal flotatIon devIce
must be readIly accessIble at all tImes
E SubmersIble vessels are not
permItted
F Vessels operating In the deSIgnated
hIgh speed zone at speed at eIghty mIles
per hour and greater shall be eqUipped
wIth an IgnItIOn kIll sWItch tethered to the
dnver and all persons aboard such vessels
flotatIOn devIce wIth a Umted States Coast
Guard one hundred mIle per hour rating
and helmets Helmets must meet the speCI
ficatIons set forth by any of the follOWing
Department of TransportatIon Amencan
NatIOnal Standards InstItute Jnc Snell or
mIlItary specIficatIOn helmet desIgned for
mIlItary aIrcraft The upper fifty percent of
the helmet must be neon florescent red
orange yellow or internatIonal orange
COrd 1100 ~ 3 2003 Ord 957 1993 Ord
957 1994)
9 96 150 Disposal of waste from boats
Any boat must be so constructed or
eqUipped that all wastes mcludmg but not
lImIted to shower water and human waste
are dIscharged Into a holding tank Such
wastes shall only be discharged In on shore
dIsposal facIlItIes COrd 957 1993)
9 96 160 InspectIons
A A CIty peace officer or peace officer
wIth concurrent JunsdlctIon may Inspect
any vessel or boat at any tIme for complI
ance wIth all applIcable laws rules and/or
regulatIOns Any person who refuses to
allow such inSpectIOn shall ImmedIately
remove hIS vessel from the waters of the
park system
B No person shall operate a boat or
vessel when such boat or vessel does not
comply WIth all apphca\:>le laws rules
and/or regulatIons
C No boat shall remain launched or 10
continUOUS use In the CIty park system for
more than tlnrty days except by conceSSIOn
granted
COrd 957 1993)
9 96 170 RestrIcted use
A The follOWing lands and faCIlItIes at
the Lake Elsmore RecreatIOn Area are
closed or restrIcted to all persons other
than CIty employees or authOrIzed mdI
vlduals 10 the follOWing manner
1 Wells number one two and three
2 SItes posted WIth buoys or fenc10g
depending on water level
3 No person shall be WItlnn fifty feet
of saId faCIlIty except as authonzed by the
City
4 No person shall operate a radIO
controlled model replIca deVIce unless au
thonzed through an approved specIal event
pe1'IIllt
5 OperatIOn of radIO controlled model
replIca deVices Will occur only In deSignated
areas as IdentIfied m the approved specIal
event permit
6 PortIOns of the lake may be closed
to boating actIVIty as the lake level recedes
and exposes hazards Affected portIOns WIll
be posted WIth buoys stating closed to
boats
7 No person shall berth moor dock
or otherwIse secure any vessel or other ob
Ject fish dIve or SWIm from the CIty pa trol
dock faCilIty located on Lake ElSInore
COrd 957 1993)
996 180 Launchmg No vessel shall cast
off weIgh anchor or launch when the fol
10w1Og condItIons eXIst unless authOrIzed
by wntten order of the CIty Manager
923
Agenda Item No 22
Rev cpgglJl8>Ofl8
CITY OF ~
LAK-E 6LSINORJ:
, I
~.~ DREAM E;(TREME~
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27 2007
SUBJECT SECOND READING - ADOPTION OF ORDINANCE NO 1235
AUTHORIZING THE LEVY OF SPECIAL TAX WITHIN ANNEXATION
NO 2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID
DISTRICT
DISCUSSIon
Ordinance No 1235 was Introduced at a regular City Council meeting on November 13
2007 and IS now being presented for second reading and adoption
Recommendation
Waive further reading and adopt Ordinance No 1235 entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE CALIFORNIA ACTING AS THE LEGISLATIVE
BODY OF THE CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO 2006 5 (PARKS OPEN SPACE AND
STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF
SPECIAL TAX WITHIN ANNEXATION NO 2 (CALIFORNIA
BUSINESS CONDOS) ANNEXED TO SAID DISTRICT
Prepared by
VIVian M Munso~
City Clerk
Robert A Brady (Ji[
City Manager ljBW
Approved by
Agenda Item No 23
Page 1 of 7
ORDINANCE NO 1235
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA ACTING AS THE
LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO 2006 5 (PARKS,
OPEN SPACE AND STORM DRAIN MAINTENANCE)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA NO 2 (CALIFORNIA BUSINESS
CONDOS) ANNEXED TO SAID DISTRICT
WHEREAS, on September 25 2007 the City Council (the Council) of
the City of Lake ElsInore California (the City) adopted Resolution No 2007 168
stating ItS Intention to annex certain property (Annexation Area No 2 (California
BUSiness Condos) ( Annexation Area No 2)) Into City of Lake Elsinore Community
Facilities District No 2006 5 (Parks Open Space and Storm Drain Maintenance) (the
District) pursuant to the Mello Roos Community FacIlities Act of 1982 as amended
(the Act) and
WHEREAS notice was published as reqUired by law relative to the
Intention of the CounCil to annex Annexation Area No 2 Into the District and
WHEREAS on November 13 2007 this CounCil held a noticed public
hearing as reqUired by law relative to the determination to proceed with the annexation of
Annexation Area No 2 Into the District and the rate and method of apportionment and
manner of collection of the speCial tax to be leVied within Annexation Area No 2 to
finance certain public services and
WHEREAS at said hearing all persons deSiring to be heard on all matters
pertaining to the annexation of Annexation Area No 2 were heard and a full and fair
hearing was held and
WHEREAS the CounCil subsequent to said hearing adopted Resolution
No 2007 determining the validity of prior proceedings relative to the annexation of
Annexation Area No 2 annexed Annexation Area No 2 Into the District and authOrized
the levy of a speCial tax Within Annexation Area No 2 and
WHEREAS the CounCil subsequent to said hearing adopted Resolution
No 2007 which called an election Within Annexation Area No 2 for November
13 2007 on the proposItion of leVYing a speCial tax and
WHEREAS on November 13 2007 an election was held Within each
Annexation Area No 2 In which the eligible electors approved by more than two thirds
vote the propOSition of leVYing a speCial tax
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF CITY OF
1
Agenda Item No 23
Page 2 of 7
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 5 (PARKS OPEN
SPACE AND STORM DRAIN MAINTENANCE), DOES HEREBY ORDAIN AS
FOLLOWS
SECTION 1 A special tax IS levied wlthm the boundaries of Annexation
Area No 2 pursuant to the formula set forth In Exhibit A attached hereto and
mcorporated by reference In an amount necessary to finance a portion of the cost of
provldmg parks open space and storm drain mamtenance services that are In addition
to those provided m the territory wlthm Annexation Area No 2 prior to the annexation of
Annexation Area No 2 Into the District penodlc costs and costs of the tax levy and
collection
SECTION 2 This legislative body IS hereby further authorized each year
by resolution adopted as prOVided In section 53340 of the Act to determme the speCific
special tax rate and amount to be levied for the next fiscal year except that the special
tax rate to be levied shall not exceed the maximum rate set forth In Exhibit A
SECTION 3 All of the collections of the special tax shall be used as
provided for In the Act and Resolution No 2007 of the Council
SECTION 4 The above authorized special tax shall be collected In the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and the same procedure and sale m cases of delmquency and prOVided
for ad valorem taxes
SECTION 5 The Mayor shall sign this ordmance and the City Clerk shall
attest to such signature The City Clerk IS directed to cause the title and summary or
text of the this ordmance together with the vote thereon to be published wlthm fifteen
(15) days after ItS passage at least once In a newspaper of general Circulation published
and Circulated wlthm the territOrial JUriSdiction of the City and to post at the mam office
of the City a certified copy of the full text of the adopted ordmance along with the names
of the Council Members voting for and agamst the ordmance
SECTION 6 If any provIsion clause sentence or paragraph of thiS
Ordmance or the application thereof to any person or circumstance shall be held mvalld
such mvalidlty shall not affect the other provIsions of thiS Ordinance and are hereby
declared to be severable
SECTION 7 ThiS ordinance relating to the levy of the special tax takes
effect and shall be m force from and after thirty (30) days after the date of Its final
passage A copy of thiS ordmance shall be transmitted to the Clerk of the Board of
Supervisors of RiverSide County the Assessor and the Treasurer Tax Collector of
Riverside County The City Clerk shall cerMy as to adoption of thiS Ordinance and
cause thiS Ordmance to be published and posted m the manner reqUired by law
2
Agenda Item No 23
Page 3 of 7
PASSED APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore California on thIs 13th day of November 2007
ROBERT E MAGEE
MAYOR
ATTEST
VIVIAN M MUNSON
CITY CLERK
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSUDE )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 13th day of November
2007 and was finally passed at a regular meeting of the City Council of the City of Lake
Elsinore held on the day of 2007 by the following roll call vote
AYES
NOES
ABSENT
ABSTAIN
VIVIAN M MUNSON
CITY CLERK
3
Agenda Item No 23
Page 4 of 7
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
Agenda Item No 23
Page 5 of 7
EXHIBIT A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO 2006 5
(PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi Family Property (as hereinafter defined) In City of Lake ElSinore
Community FacIlities Dlstnct No 2006 5 (Parks Open Space and Storm Drain
Maintenance) (the Dlstnct) In accordance with the rate and method of apportionment
of special taxes hereinafter set forth
Definitions
"Assessor's Parcel' means a parcel of land In the Dlstnct designated and
assigned a discrete IdentifYing number on a map of the County Assessor of the County
of Riverside
City" means the City of Lake ElSinore California
, Developed Multifamily Unit" means a residential dwelling unit within a bUilding
In which each of the individual dwelling units has or shall have at least one common wall
with another dwelling Unit and a bUilding permit has been Issued by the City for such
dwelling unit on or pnor to May 1 preceding the Fiscal Year In which the Special Tax IS
being levied
Developed Non Residential Property" means all Assessor s Parcels for which
a bUilding permit was Issued by the City for any type of non residential use on or pnor to
May 1 preceding the Fiscal Year In which the Special Tax IS being levied
"Developed Smgle Family Unit" means a residential dwelling unit other than a
Developed Multifamily Unit on an Assessor's Parcel for which a bUilding permit has
been Issued by the City on or pnor to May 1 preceding the Fiscal Year In which the
Special Tax IS being levied
Fiscal Year' means the penod beginning on July 1 and ending on the following
June 30
Maximum Special Tax" means the maximum Special Tax that can be levied by
CFD No 2006 5 In any Fiscal Year on any Assessor s Parcel
Operatmg Fund' means a fund that shall be maintained for CFD No 2006 5
for any Fiscal Year to pay for the actual costs of maintenance related to the Service
Area and the applicable Administrative Expenses
Agenda Item No 23
Page 6 of 7
Operating Fund Balance' means the amount of funds In the Operating Fund
at the end of the preceding Fiscal Year
Service Area" means parks open space and storm drains
"Special Tax" means any of the special taxes authorized to be levied within
CFD No 2006 5 pursuant to the Act to fund the Special Tax Requirement
"Special Tax Requirement means the amount determined In any Fiscal Year
for CFD No 2006 5 equal to (i) the budgeted costs directly related to the Service Area
including maintenance repair and replacement of certain components of the Service
Area which have been accepted and maintained or are reasonably expected to be
accepted and maintained dUring the current Fiscal Year (II) Administrative Expenses
and (III) anticipated delinquent Special Taxes based on the delinquency rate In CFD No
2006 5 for the prevIous Fiscal Year less (iV) the Operating Fund Balance as
determined by the CFD Administrator
"Umt" means each separate residential dwelling unit which comprises an
Independent facIlity capable of conveyance or use separate from adjacent dwelling
Units
Rate and Method of Apportionment of the Special Tax
Commencing Fiscal Year 2005 2006 and for each subsequent Fiscal Year the
City Council shall levy Special Taxes on (I) all Assessor s Parcels containing a
Developed Single Family Unit or Developed Multifamily Unit and (II) all Assessor s
Parcels of Non Residential Property up to the applicable Maximum Special Tax to fund
the Special Tax Requirement
The Maximum Special Tax for Fiscal Year 2005 2006 shall be $242 per
Developed Single Family Unit $121 per Developed Multifamily Unit and $545 per Acre
for each Assessor s Parcel of Non Residential Property
On each July 1 commencing July 1 2006 the Maximum Special Tax shall be
Increased by two percent (2 00%) of the amount In effect In the prior Fiscal Year
Duration of the Special Tax
The Special Tax shall be leVied In perpetuity to fund the Special Tax
ReqUirement unless no longer required as determined at the sole discretion of the City
Council
Collection of the Special Tax
The Special Tax shall be collected In the same manner and at the same time as
ordinary ad valorem property taxes provided however that CFD No 2006 5 may
collect the Special Tax at a different time or In a different manner If necessary to meet
ItS funding requirements
Agenda Item No 23
Page 7 of 7
CITY OF ~
LAKE ,5LSINORI:
~.~ DREAM EXTREME~
REPORT TO CITY COUNCIL
TO HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM ROBERT A BRADY
CITY MANAGER
DATE NOVEMBER 27, 2007
SUBJECT SECOND READING - ADOPTION OF ORDINANCE NO 1236,
APPROVING PRE ANNEXATION ZONE CHANGE NO 2007 05
DISCUSSion
Ordinance No 1236 was Introduced at a regular City Council meeting on November 13
2007 and IS now being presented for second reading and adoption
Recommendation
Waive further reading and adopt Ordinance No 1236 entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE CALIFORNIA APPROVING PRE
ANNEXATION ZONE CHANGE NO 200705
Prepared by
VIvian M Muns~
City Clerk
Robert A Brad}f) ~
City Manager ~
Approved by
Agenda Item No 24
Page 1 of 5
ORDINANCE NO 1 ?'lfi
ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING PRE ANNEXATION ZONE CHANGE NO 200705
WHEREAS, the City of Lake Elsinore IS considering the annexation of
approximately 589 acres of land (the Annexation No 82) which IS currently within the
City S Sphere of Influence and which is bound to the south and east by the City of Lake
Elsinore to the west by the Cleveland National Forest and to the north by the
conditionally approved Pacific Clay Annexation (the Running Deer Terntory ) Into the
corporate boundaries of the City of Lake ElSinore and
WHEREAS, In accordance with the Riverside LAFCO rules and procedures
Government Code Sections 56375 and 65859 the Cortese Knox Hertzberg Local
Government ReorgamzatlOn Act of 2000 (Government Code Section 56000 56001) and
all other applicable laws the City of Lake ElSinore IS processing a Pre Zone (Zone
Change) for the Running Deer Terntory and
WHEREAS the City of Lake ElSinore has proposed to pre zone the Running
Deer Terntory area as Rural Mountainous ReSidential (R M R 1 DU/10 acres) Rural
ReSidential (RR 1 DU/2 acres) and Open Space (OS) and
WHEREAS after conSidering the Pre Zone at a regular meeting held on October
16 2007 the Planning CommiSSion of the City of Lake ElSinore recommended that the
City CounCil approve Pre Annexation Zone Change No 2007 05 and
WHEREAS, public notice of the Pre Zone has been given and the City CounCil
has conSidered the Planning Commission S recommendation and eVidence presented
by the Community Development Department and other Interested parties at a public
hearing held with respect to thiS Item on November 13 2007
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS
SECTION 1 The City Council has conSidered the proposed Pre Zone prior to
making a decIsion to approve Pre Annexation Zone Change No 2007 05
SECTION 2 That In accordance with the Cortese Knox Hertzberg Local
Government Reorganization Act of 2000 the State Planning and Zoning Law and the
Lake ElSinore MUnicipal Code the City Council makes the follOWing findings for the
approval of Pre Annexation Zone Change No 2007 05
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
1
Agenda Item No 24
Page 2 of 5
The proposed Zone Change has been analyzed relatIVe to Its potential to be
detnmental to the health safety comfort and welfare of the persons resldmg or
workmg wlthm the neighborhood of the proposed Zone Change Staff concluded
that the project does not propose land uses densities or development patterns
that Will Jeopardize the health and safety of the persons resldmg or workmg wlthm
the neighborhood of the property Health safety and welfare Will not be
degraded as a result of this project
2 The proposed action Will be consistent with the Goals Objectives and PoliCies of
the General Plan and the development standards established with the Lake
Elsinore Municipal Code
The Zone Change IS consistent with the General Plan s underlymg land use
designations of Mountamous (1 DU/10 ACRE) Very Low Density ReSidential (5
DU/ACRE and Open Space (OS) for the project site The Zone Change Will
allow development of a well balanced and functional mixed use project
compnsed of reSidential uses and a public elementary school
SECTION 3 Based upon all of the eVidence presented both written and
testimonial the above findings and the condllJons of approval Imposed upon the
Project the City Council approves Pre Annexation Zone Change No 2007 05
SECTION 4 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 5 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 meellng of the City
Council of the City of Lake ElSinore California on thiS day of
2007
ROBERT E MAGEE
MAYOR
ATTEST
VIVIAN M MUNSON
CITY CLERK
2
Agenda Item No 24
Page 3 of 5
APPROVED AS TO FORM
BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSUDE )ss
CITY OF LAKE ELSINORE)
I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore Califorma
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 24
Page 4 of 5
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