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HomeMy WebLinkAbout01/23/07 CC ReportsCITY 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 W W W.LAKE- ELSINORE.ORG (951) 674 -3124 PHONE (951) 674 -2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 23, 2007 — CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. If you are attending this City Council Meeting please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation! CALL TO ORDER ROLL CALL CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code § 54957): City Clerk B. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: (2 potential cases) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8): Property: APN 370 - 060 -050 (33751 Mission Trail) Negotiating parties: City of Lake Elsinore and County of Riverside Under negotiation: price and terms of payment D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8): Page 2 — City Council Agenda — January 23, 2007 Property: APNs 389-100-015; 389-100-016; 389-100-019; 389-100- 024; 389 - 100 -025 Negotiating parties: City of Lake Elsinore and David L. & Margot M. Frymire; Wanda Myers & Tyra Elliott; Michael P. & Elene F. Mackey Trust; David & Elizabeth Harrold Under negotiation: price and terms of payment RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS /CEREMONIALS A. Certificate of Appreciation — H.O.P.E. B. Business of the Year C. Chamber of Commerce Update 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 Councilmember or any member of the public requests separate action on a specific item.) 1. Minutes. Page 3 — City Council Agenda — January 23, 2007 2. 3 0 5. A a. Joint City Council/Redevelopment Agency Study Session — December 12, 2006. b. City Council Meeting — December 12, 2006. RECOMMENDATION: Approve. Warrant List — January 16, 2007. RECOMMENDATION: Ratify. Investment Report — September 2006. RECOMMENDATION: Receive and File. Investment Report — October 2006. RECOMMENDATION: Receive and File. Investment Report — November 2006. RECOMMENDATION: Receive and File. Claims against the City submitted by Jose Prado, Craig Insurance Services on behalf of Juan Navarrete and Helena Stepniak. RECOMMENDATION: Reject the claims and instruct the City Clerk to send rejection letters to the claimants. 7. Janitorial Maintenance Contract. RECOMMENDATION: Issue a 60 -day notice of termination to Merchants Building Maintenance Co., termination effective March 31, 2007. Execute a Maintenance Contract agreement with Environmental Cleaning Solutions for a one (1) year term commencing April 1, 2007, and can be extended in one Page 4 — City Council Agenda — January 23, 2007 (1) year increments up to three years with City Manager approval. 8. Professional Services Agreement for Records Management with Gladwell Governmental Consultant Services. RECOMMENDATION: PUBLIC HEARING 21. Approve the Records Management Consulting Agreement and authorize the City Manager to execute the agreement, subject to such minor modifications and in such final form as approved by the City Attorney. Canyon Hills Estates — Final Environmental Impact Report No. 2006- 02, General Plan Amendment No. 2006 -04, Specific Plan No. 2006- 01 and Tentative Tract Map No. 34249. RECOMMENDATION: Adopt Resolution No. 2007 -04 certifying EIR No. 2006 -02. Adopt Resolution No. 2007 -05 adopting Findings of Consistency with MSHCP. Adopt Resolution No. 2007 -06 approving General Plan Amendment No. 2006 -04. Conduct the first reading of Ordinance No. 1207, by title only, approving Specific Plan No. 2006 -01. Adopt Resolution No. 2007 -07 approving Tentative Tract Map No. 34249. 22. Tentative Tract Map No. 32481 Cape of Good Hope Specific Plan. RECOMMENDATION: Adopt Resolution No. 2007 -08 adopting Findings of Consistency with the MSHCP. Page 5 — City Council Agenda — January 23, 2007 Adopt Resolution No. 2007 -09 approving Tentative Tract Map No. 32481. 23. Resolution Approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 14 (Trieste) pursuant to the Landscaping and Lighting Act of 1972. RECOMMENDATION: Open the Public Hearing and call for testimony. Close the Public Hearing. Direct the City Clerk to open sealed ballot(s), tally vote(s), and announce whether a majority protest exists. If no majority protest exists, adopt Resolution No. 2007 -10 approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1. 24. Approving Fee Deposit and Reimbursement Agreements, approving the formation of CFD No. 2006 -9 (Trieste); to incur bonded indebtedness and calling a special election; canvassing election results; authorizing levy of special taxes. RECOMMENDATION: Open the Public Hearing and call for testimony. Close the Public Hearing. Adopt Resolution No. 2007 -11 approving two Fee Deposit and Reimbursement Agreements. Adopt Resolution No. 2007 -12 approving the formation of the District. Adopt Resolution No. 2007 -13 to incur bonded indebtedness and calling a special election. Page 6 — City Council Agenda — January 23, 2007 Direct the City Clerk to open sealed ballot(s), tally vote(s) announce whether 2/3 of the voters are in favor. Adopt Resolution No. 2007 -14 ordering canvassing of the election results. Conduct the first reading of Ordinance No. 1208, by title only, authorizing the levy of special tax. BUSINESS ITEMS 31. 2008 Appropriations Request (Proposed). RECOMMENDATION: Discuss proposed appropriations requests and concur with direction from the Ferguson Group to re- institute the City's FY 2007 - Congressional Agenda in FY 2008. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 129 2006 CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4:03 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN (Councilmember Hickman arrived at 4:06 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Community Services Director Sapp, Information /Communications Manager Dennis, City Engineer Seumalo, Building & Safety Manager Chipman, Finance Manager Riley, City Treasurer Weber and City Clerk Ray. DISCUSSION ITEMS Mayor Magee gave an overview of the presentation and confirmed that the awardee would be present at the 7:00 p.m. meeting. PUBLIC COMMENTS None. Agenda Item No. I G Page 1 of 10 PAGE 2 STUDY SESSION MINUTES — DECEMBER 129 2006 CONSENT CALENDAR 1. Minutes. No comments. 2. Warrant List — November 15, 2006. No comments. 3. Warrant List —November 30, 2006. Mayor Magee commented on Check No. 88477 for GFI Racing. 4. Investment Report — August 2006. No comments. 5. Disposal of surplus electronics as scrap. City Manager Brady noted that there were a few extra items that needed to be added to the list. Council agreed to add the items. 6. Grant Agreement with LESJWA for Wetlands Enhancement Project. Councilmember Kelley inquired if the final design would be presented to Council or LESJWA or both. Lake & Aquatic Resource Director Kilroy noted that it had to go back to the Grant Administrator for the State Water Resources Control Board. He noted that it does not come back to the City Council, unless that was their desire. Councilmember Kelley inquired what the item was going to look like. Lake & Aquatic Resource Director Kilroy indicated that it would be regular pond shapes. He noted that the project would only cover 2 acres. Agenda Item No. 4 Page 2 of 10 PAGE 3 STUDY SESSION MINUTES — DECEMBER 12, 2006 Mayor Pro Tem Schiffner inquired if the item had already been presented to LESJWA. Lake & Aquatic Resource Director Kilroy noted that the agreement with the City had not yet been presented to LESJWA. 7. Deposit and Reimbursement Agreement, Resolution of Intention to establish Community Facilities District No. 2006 -9 (Trieste) and Resolution of Intention to incur bonded indebtedness. City Attorney Leibold commented on the Deposit and Reimbursement Agreement. She noted that the contracting parties would be the City and the successor to White Rock which was MBK Homes. Councilmember Hickman inquired if the length of the bonds for the item had been changed. Administrative Services Director Pressey noted that all the bond issues that had been brought before Council would continue for a 30 -year range. 8. Resolution initiating proceedings and approving the Engineer's Report for the Annexation of certain territory known as Tract 34231 into the City of Lake Elsinore Landscape and Street Lighting District No. 1, as LLMD Annexation No. 14 (Trieste). No comments. 9. Library Building fund contribution items other than books. Councilmember Kelley commented that this was the second request for items other than books for the library. She noted that LLSI had a responsibility to provide for some of those materials. She inquired if documentation could be provided to Council to show what LLSI was obligated to provide as far as furniture and furnishings. Administrative Services Director Pressey commented that the purchase order ,located on page 5, was split between the 2 libraries. He noted that staff could review what LLSI was responsible for. Agenda Item No. k, Page 3 of 10 PAGE 4 STUDY SESSION MINUTES — DECEMBER 129 2006 10. Additional action on Claim against the City — Janice Orr. City Attorney Leibold noted that the item would be the subject of Closed Session discussion. She noted that it would be most appropriate to talk about it in that context. 11. Traffic Signal and Intersection Improvements at Grand Avenue and Ortega Highway (SR -74) — Contract Award. Councilmember Hickman inquired if R.J. Noble was the company doing the work. City Engineer Seumalo confirmed. Councilmember Hickman noted that he had received complaints from his neighbors. Mayor Magee commented that lack of any visible change lead residents to believe that nothing is being done. Mayor Magee inquired on the timeline for the item once it was awarded. City Engineer Seumalo commented that he would need to obtain that information. City Treasurer Weber suggested adding a provision to ensure contractors would complete projects on time. 12. Railroad Canyon Road Slope Repair Project — construction contract award. City Treasurer Weber inquired if the City received funds since the item was a part of FEMA. City Engineer Seumalo indicated that it was his belief that there were funds allocated to the City. He noted that he would need to get confirmation on the amounts. Public Works Manager Payne commented that the project did not qualify. Agenda Item No.-/ C', Page 4 of 10 PAGE 5 STUDY SESSION MINUTES — DECEMBER 129 2006 13. Verizon — Amendment to Communications Site Lease Agreement. No comments. 14. Resolution requesting Caltrans relinquishment of State Route 74 to the City of Lake Elsinore. No comments. 15. Authorization to prepare CEQA Compliance Documents for Specific Plan No. 2005 -02, General Plan Amendment No. 2005 -06 & Zone Change No. 2005 -07 for Spyglass Ranch, LLC. No comments. 16. Quit Claim — EVMWD Lift. No comments. 17. Purchase of PC Tablets for Code Enforcement Officers and Building Inspectors. City Manager Brady commented that the item was factored into the budget. He noted that the items would help make operations more efficient. Councilmember Hickman inquired on the capability of the item. Information Systems Analyst Soto indicated that the PC tablets were hand held units with tablet screens which have wireless connect ability. PUBLIC HEARINGS 21. Commercial Design Review No. 2005 -11 for Lake Elsinore Chrysler, Dodge, Jeep. Councilmember Kelley confirmed the location. She inquired what would happen to the cars when the dealership is built. Agenda Item No.—)a- Page 5 of 10 PAGE 6 STUDY SESSION MINUTES — DECEMBER 129 2006 City Manager Brady indicated that the issue of the cars had been discussed. He noted that the only way that the applicant would be allowed to park the cars, would be on a paved surface. Mayor Magee inquired about the expiration date. Community Development Director Preisendanz confirmed that the applicant would have to pull permits within 12 months. Assistant Planner Coury noted that the applicant would be submitting an application for a Building Plan Check. He commented that the project was moving ahead. Mayor Magee inquired if the applicant would be paying any money toward the widening of the bridge. City Manager Brady noted that the applicant would be paying the TIF fee. BUSINESS ITEMS 31. Second Reading — Ordinance No. 1203 — Authorizing the levy of a services special tax and a special tax (Running Deer Estates). No comments. 32. Second Reading — Ordinance No. 1204 — Authorizing the levy of a services special tax and a special tax (Riverlake Villas). No comments. 33. Second Reading — Ordinance No. 1205 — Authorizing the levy of a special tax within Annexation Area No. 21 (Riverlake Villas). No comments. 34. Second Reading — Ordinance No. 1206 — Amending and restating sections of the Lake Elsinore Municipal Code regarding minimum on -site landscaping requirements in Commercial and Industrial Districts. Agenda Item No. I o�_ Page 6 of 10 PAGE 7 STUDY SESSION MINUTES — DECEMBER 129 2006 35. Annual Financial Reports for Fiscal Year ending June 30, 2006. City Treasurer Weber commented on page 4 of the staff report. He commented on money for CFD 90 -3. He noted that it was not being used to balance the budget. He noted that the 15- million dollar bond had a low variable rate. He noted that it was a good investment. 36. Exclusive Negotiation Agreement with Watersedge Development entities. City Treasurer Weber commented on financial negotiations regarding how much the dirt is worth. He encouraged staff to try and get the maximum amount of money that the dirt is worth. Leonard Leichnitz, LUMOS Communities, commented on the agreement which stated that the developer, with assistance from the City, would develop a design for the mitigation, meet with regulatory authorities to see if it is possible and come up with a cost for the dirt and the mitigation credits. He noted that the worth was important to the developers in the back basin. He inquired if the project was designed in a way that maximizes value for the City and is fair to the other potential uses. He commented on the number of acres involved. Councilmember Hickman inquired on the amount of dirt that could be used for future development. City Manager Brady noted that there was not a lot of land that was above the elevation level. 37. Presentation of Certified Election Results. No comments. 38. Annual reorganization of the City Council to select the Mayor and Mayor Pro Tem. No comments. REDEVELOPMENT AGENCY Chairwoman Kelley noted a request to add a Closed Session Item. Agenda Item No. Page 7 of 10 PAGE 8 STUDY SESSION MINUTES — DECEMBER 129 2006 Legal Counsel Leibold commented that the Closed Session Item was in regard to a real property negotiation between the Agency and Diamond Stadium group. CONSENT CALENDAR 1. Minutes. No comments. 2. Warrant List — November 15, 2006. No comments. 3. Warrant List November 30, 2006. No comments. 4. Investment Report — August 2006. No comments. BUSINESS ITEMS 5. Annual Financial Reports for Fiscal Year ending June 30, 2006. No comments. 6. Commercial Design Review No. 2005 -11 for Lake Elsinore Chrysler, Dodge, Jeep. No comments. 7. Annual reorganization of the Redevelopment Agency of the City of Lake Elsinore to select the Chair and Vice Chair. No comments. Agenda Item No. Page 8 of 10 PAGE 9 STUDY SESSION MINUTES — DECEMBER 129 2006 CITY TREASURER COMMENTS None. CITY ATTORNEY COMMENTS City Attorney Leibold noted that there was an additional item that needed to be added to the Closed Session due to time constraints. She noted that it was 1 case of anticipated litigation under the authority of subdivision "C" of 54956.9. She noted that she needed a motion and a second, along with a unanimous vote to add the item. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADD THE ADDITIONAL CLOSED SESSION ITEM. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 4:42 P.M. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY Respectfully submitted, MICHELLE SOTO, DEPUTY CITY CLERK Agenda Item Noja^ Page 9 of 10 PAGE 10 STUDY SESSION MINUTES - DECEMBER 129 2006 ATTEST: FREDERICK RAY, CMC, CITY CLERK Agenda Item No.- 0-1 Page 10 of 10 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 129 2006 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resource Director Kilroy, Information /Communications Manager Dennis, City Engineer Seumalo and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis. Agenda Item No. lb Page 1 of 24 Page 2 — City Council Meeting Minutes — December 12, 2006 INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information /Communications Manager Dennis, Planning Manager Weiner, Finance Manager Riley, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Initiation of litigation pursuant to Subdivision (c) of Gov't Code § 54956.9 (2 potential cases) B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Initiation of litigation pursuant to Subdivision (b) of Gov't Code § 54956.9 (1 potential case) CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss 4 items. She noted that 3 of the items were previously identified on the agenda as indicated above, all involving anticipated litigation. She noted that 2 potential cases were discussed under Subdivision "c" of Section 54956.9. She noted that there was no reportable action as to one of those items. She noted that the second item involved a discussion of County Tentative Tract Map Nos. 22626 and 22626 -1. She noted that the City Council received a Preliminary Investigation conducted by staff and requested that staff continue to investigate and evaluate the Agenda Item No.-16— Page 2 of 24 Page 3 — City Council Meeting Minutes — December 12, 2006 issues and directed staff to contact the interested parties. She noted that a third item, one potential case, under the same authority of Government Code Section 54956.9 (c) was added that evening by a vote of 4 -0 of the Council under the urgency provisions of the Brown Act, Section 54954.2. She noted that there was no reportable action on that item. She noted that the fourth and last item discussed was one case of anticipated litigation under the authority of Subdivision "b" of Section 54956.9. She noted one potential case was discussed and there was no reportable action. PRE SENTATION /CEREMONIALS A. Presentation — Award for Holiday Home Decorations. Mayor Magee called Maureen Foster to the podium. Ms. Foster noted that the Holiday Lights Program was a new program that the Community Services Department put together to encourage homeowners to decorate their homes for the holidays. She noted that the homeowners were challenged to decorate with anything that helped celebrate the spirit of the holidays. She thanked all the homeowners for their participation. Ms. Foster noted who the judges were. She indicated that they traveled 32 miles judging homes. Ms. Foster noted that the winner for the "Whimsical Category" had a life - size replica of Santa, singing Santas and lighted animals. She noted that the top honors went to Miguel and Alisha Diaz. She thanked them for participating. Ms. Foster noted that the winner for the "Traditional Category" was covered completely with bright lights and a snowflake motif. She noted that the winners were Valerie and Joe Sund. Ms. Foster noted that the winner for the "Holiday Theme Category" was decorated like a "Winter Wonderland ". She noted that the home had roof- top snow. She noted that there was a lot of effort put into their display. She noted that the winners were Jeremiah Lopez and Marquez Garcia. Agenda Item No.*— Page 3 of 24 Page 4 — City Council Meeting Minutes — December 12, 2006 Ms. Foster noted that the winner for the "Open Category" was absolutely beautiful. She noted that the top honors for that category were Roy Liveanos and Lisa Roz. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Frank Hoffman commented that in light of the fact of Council's ongoing interest in the issue of County Tract Map Nos. 22626 and 22626 -1, he would decline further comment and adopt a wait and see posture. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO EDIT ITEM NO.5 TO ADD ADDITIONAL SURPLUS EQUIPMENT TO BE SCRAPPED AND TO PULL ITEM NO. 10 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. The following minutes were approved: a. City Council Meeting — October 24, 2006. b. Special City Council Meeting — November 9, 2006. 2. Ratified Warrant List for November 15, 2006. 3. Ratified Warrant List for November 30, 2006. 4. Received and filed Investment Report for August 2006. 5. Approved the disposal of surplus electronic equipment to be scrapped as e- waste. 6. Approved the Agreement with LESJWA to conduct the Lake Elsinore Wetlands Enhancement BMP Project and authorized the Mayor to execute the agreement. 7. Approved the Deposit and Reimbursement Agreement. Adopted Resolution No. 2006 -205 to establish CFD No. 2006 -9 and calling a Public Hearing for January 23, 2007. Agenda Item No. l b Page 4 of 24 Page 5 — City Council Meeting Minutes — December 12, 2006 Adopted Resolution No. 2006 -206 to incur bonded indebtedness with proposed CFD No. 2006 -9. 8. Approved Engineer's Report for Annexation No. 14 to LLMD No. 1. Adopted Resolution No. 2006 -207 intention to annex into LLMD No. 1. Scheduled a public hearing on the District Formation for January 23, 2007. 9. Authorized the City Manager to approve reimbursements to the Libraries for items other than books on a case -by -case basis. 11. Authorized the transfer of $162,000 from the Street CIP fund to complete the budget for the project. Awarded the "Traffic Signal and Intersection Improvements at Grand Avenue and Ortega Highway (SR -74)" to R.J. Noble Company for the amount of $71104. Authorized the Mayor to execute the contract with R.J. Noble and Company. 12. Awarded Railroad Canyon Slope Repair Project to HI -TECH Rockfall Construction Inc. for $161,800. Authorized the Mayor to execute the contract with HI-TECH Rockfall Construction Inc. 13. Approved the documents and directed the City Clerk to execute the "First Amendment to the Communications Site Lease Agreement" as well as the "Memorandum of First Amendment to Communications Site Lease Agreement ". 14. Directed staff to proceed with the relinquishment process for certain segments of State Route 74 from the State of California to the City of Lake Elsinore. Adopted Resolution No. 2006 -208 and directed staff to forward a fully executed copy of said Resolution to the State Representative for inclusion in the State Legislative Process. Agenda Item No.lb Page 5 of 24 Page 6 — City Council Meeting Minutes — December 12, 2006 15. Authorized the City Manager to approve an agreement with HDR to prepare CEQA compliance documents for SP 2005 -06, GPA 2005 -06 and ZC 2005- 07 in the amount of $92,252. 16. Approved proposed conveyance and authorized the Mayor to execute the Quit Claim Deed for EVMWD Lift. 17. Authorized the City Manager to approve the purchase of PC Tablets for Code Enforcement and Building & Safety. ITEMS PULLED FROM THE CONSENT CALENDAR 10. Additional action on Claim against the City — Janice Orr. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 -1, WITH BUCKLEY CASTING THE DISSENTING VOTE, TO 1) RESCIND THE NOVEMBER 289 2006 REJECTION OF CLAIM NO. 2006-26 AND RELATED DIRECTION TO THE CITY CLERK TO NOTIFY THE CLAIMANT OF THE REJECTION AND 2) AUTHORIZE THE CITY CLERK TO RETURN CLAIM NO. 2006-26 TO THE CLAIMANT AS UNTIMELY. PUBLIC HEARINGS 21. Commercial Design Review No. 2005 -11 for Lake Elsinore Chrysler, Dodge, Jeep. Mayor Magee commented on a letter that he received that evening from Judith Tallman. Community Development Director Preisendanz commented on the item. He noted that the request was in regard to the construction of a 29,000 square foot automotive dealership and related improvements. He noted that the Planning Commission recommended approval of the item. He noted that he would like to amend Condition of Approval No. 37 to add the language that there is no parking on unapproved areas. He read the condition into the record. Mayor Magee opened the public hearing at 7:13 p.m. Agenda Item No. I L Page 6 of 24 Page 7 — City Council Meeting Minutes — December 12, 2006 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. City Treasurer Weber commented on page no. 3. He commented on the reimbursement of $912 thousand. He inquired if that was typical for what was given for those types of projects. City Manager Brady indicated that there was not a set amount to be given per dealership. He noted that it would be based upon public improvements that could be reimbursed that are associated with the project. City Treasurer Weber inquired if the developer was planning on building and then selling the dealership. City Manager Brady commented that staff needed to come back to Council with a Reimbursement Agreement. He noted that there were a number of items that would be addressed in the agreement. Councilmember Buckley commented on the costs for deposits. He commented on the "riprap agreement ". City Manager Brady commented that the agreement was never finalized. Councilmember Buckley commented on the design of the building. He noted that it was not very appealing. Councilmember Buckley commented on the landscaping. He noted that the landscaping plan called for 24 -inch box trees. Community Development Director Preisendanz indicated that it was changed to 30 -inch box trees. He noted that the landscape inspector would be verifying that the specimen is a large specimen. Councilmember Buckley commented on hours of operation and lighting. Community Development Director Preisendanz noted that the lighting was similar to Lake Chevrolet since it would be needed for display. He noted that the light would be shielded. He noted that the applicant was conditioned to provide a photometric study to staff's satisfaction. He noted Agenda Item No.k- Page 7 of 24 Page 8 — City Council Meeting Minutes — December 12, 2006 that there was an elevation change from Avenue 12 down to the project site which would assist in shielding some of the light. Councilmember Buckley commented on the block wall located on Avenue 12. Community Development Director Preisendanz indicated that staff's requirements would be to plant and grow vines. He noted it was the best preventative to graffiti. Councilmember Buckley commented on the anti - graffiti sprinkler system. Councilmember Kelley inquired about the access from Avenue 12. Community Development Director Preisendanz noted that he spoke to the City Engineer. He noted that depending on the elevation change, a stairway or ramp could be provided. Councilmember Hickman inquired on the other types of dealerships they plan on bringing in. The applicant exclaimed that they would like to put in a Toyota and Lexus dealership. City Treasurer Weber inquired on the total cost of the project. The applicant indicated that the project would cost over $12 million to build. Mayor Magee closed the public hearing at 7:28 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-210 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-211 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-11 WITH THE ADDED CONDITION OF THE ACCESS OF ROADWAY FROM AUTO CENTER DRIVE AND AVENUE 12, TO INCLUDE MODIFICATION TO Agenda Item No. 110 Page 8 of 24 Page 9 — City Council Meeting Minutes — December 12, 2006 CONDITION OF APPROVAL NO. 37, AND THE UNDERSTANDING ON THE LANDSCAPE PLAN REGARDING SPECIMEN SIZE VERSUS BOX SIZE IN ADDITION TO THE SENSITIVITY TO THE NEIGHBORHOOD IN RESPECT TO OUTDOOR LIGHTING. GENERAL CONDITIONS The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the proposed project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.3 7, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. PLANNING DIVISION 2. Approval of the identified project applications will lapse and be void unless building permits are issued within one (1) year, of the City Council approved date. 3. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. 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 Director of Community Development. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning CommissionlCity Council through subsequent action. 5. All structures shall be developed on -site as depicted on the approved site plan and/or as modified by the Director of Community Development or designee. 6 The applicant shall comply with the City's Noise Ordinance Chapter 17.78 (Noise Control) of the LEMC. 7. The use of an outdoor public address system shall not be allowed. 8. The applicant shall not allow test driving of vehicles by customers and/or employees through residential areas. All test driving traffic shall be limited to; Auto Center Drive, major arterial streets or the I -15 freeway. 9. Prior to the issuance of a building permit (i.e. light standards), the applicant shall Agenda Item No.-Lb- Page 9 of 24 Page 10 — City Council Meeting Minutes — December 12, 2006 provide a photometric study. Said study shall be reviewed and approved to the satisfaction of the Director of Community Development. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 10. The applicant shall prepare a final wall and fence plan subject to the review and approval of the Director of Community Development or designee. In addition, a decorative masonry wall shall be constructed along the west side of the planter identified to the north of the "pre- owned" sales office building. 11. Trash enclosures shall be constructed per City standards as approved by the Director of Community Development or designee, prior to issuance of building permit. 12. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1, 000.00 cash bond for each. 13. Parking stalls shall be double - striped with four -inch (4') lines two feet (2 ) apart. 14. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 15. Painted arrows on the asphalt shall be located at all internal drive aisles. 16 The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the certificate of occupancy. 17. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Director of Community Development, prior to issuance of building permit. 18. The Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 19. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. 20. All exterior downspouts shall be painted to match the building color. 21. Materials and colors depicted on the materials board shall be used unless modified by the Director of Community Development or designee. 22. Prior to issuance of a Grading Permit the applicant shall pay the appropriate MSHCP Fee. Agenda Item No. III Page 10 of 24 Page 11— City Council Meeting Minutes — December 12, 2006 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 25. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 26 Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 27. The final landscaping /irrigation plan is to be 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 Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%). a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (24') box in size. C. All planting areas shall be separated from paved areas with a six inch (6') high and six inch (6') wide concrete curb. d. Planting within fifteen feet (15) of ingress /egress points shall be no higher than thirty-six inches (36'). e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f. 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 Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. g. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee h. All landscaping and irrigation shall be installed within affected portion of any Agenda Item No.-L— Page 11 of 24 Page 12 — City Council Meeting Minutes — December 12, 2006 phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. Final landscape plan must be consistent with approved site plan. I Final landscape plans to include planting and irrigation details. 28. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring Program for Mitigated Negative Declaration No. AND 2005 -06 29. The applicant shall comply with Chapter 17.98 of the Lake Elsinore Municipal Code (LEMC) regarding all temporary use activities. ENGINEERING DIVISION 30. The applicant shall dedicate right -of -way and shall construct full half width improvements on Auto Center Drive. Right -of -way dedication shall be 50 feet as measured from the centerline of Auto Center Drive to the project property line. Full half width street improvements shall be constructed such that the measurement from the centerline of Auto Center Drive to the project -side curb face is 40 feet. Development shall construct median along Auto Center Drive for full frontage width of the project. Median design shall maintain existing circulation patterns as approved by the City Engineer. 31. The terms of the development agreement shall be referenced and incorporated into the project requirements as detailed in the agreement. 32. Provide a striping and signing plan for striping from Mill Street to the bridge with special attention to the design and adequate tapers of traffic lanes to and from the bridge to the new four lane facility on Auto Center Drive. This plan shall be approved by the Traffic Engineer prior to issuance of the building permit. 33. Provide detention and desiltation basin sized to detain the increase in the 100 year storm flow between the developed and undeveloped site condition. 34. The slope on the north side of the project shall be improved with long -term erosion control planting. 35. The outlet drainage pipe on the east slope of the project shall be improved such that the outlet condition slows the discharge to a non - erosive velocity and that the down stream property owner is protected from the 100 year storm flows. The existing outlet restriction shall be removed unless the applicant can demonstrate that the pipe was designed and constructed to accommodate pressure flow. 36. Sight distance for ingress / egress at all driveways shall be unobstructed. Agenda Item No.1— Page 12 of 24 Page 13 — City Council Meeting Minutes — December 12, 2006 37. Parking shall not be allowed on Auto Center Drive within 120 feet north and 20 feet south of driveways or on any unpaved portion of the project site or road shoulder. (Revised per City Council on December 12, 2006). 38. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16 52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 39. All street improvements shall be installed and functioning prior to certificate of occupancy. 40. Pay all Capital Improvement and Plan Check fees (LEMC 16 34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), Transportation Uniform Mitigation Fee (TUMF), encroachment permit fees and inspection fees associated with the project and its development. Fee amount to be paid shall be consistent with the current amount as stipulated in each fee ordinance. 41. 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. Submit this letter prior to issuance of a building permit. 42. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to issuance of a building permit (LEMC 1634). 43. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 44. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior issuance of a building permit. 45. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 % "x 11 " Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 46 The applicant shall install permanent survey monuments in compliance with the City's municipal code. 47. Applicant shall obtain all necessary off -site easements for off-site grading or construction from the adjacent property owners prior to issuance of a building permit. 48. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Agenda Item Noj�— Page 13 of 24 Page 14 — City Council Meeting Minutes — December 12, 2006 49. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 50. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 51. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 52. Applicant shall submit a traffic control plan showing all permanent traffic control devices for the project to be approved prior to issuance of a building permit. All permanent traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking Signs for travel ways within the development. 53. Construction traffic control plans shall be submitted to and approved by the City's Traffic Engineer prior to issuance of encroachment permit. 54. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes andlor disks which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 55. All utilities (electrical, cable television, telephone) except electrical over 12 kv shall be placed underground, as approved by the serving utility. 56 Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58. An Alquis- Priolo study shall be performed on the site to identify any hidden earthquake faults andlor liquefaction zones present on -site. 59. All grading shall be done under the supervision of a geotechnical engineer. All slopes steeper than 2 to I shall be approved by the City Engineer and certified for stability and proper erosion control requirements by a licensed Geologist or licensed Geotechnical Engineer. All manufactured slopes greater than 30 ft. in height shall be contoured and have a six (6) foot wide bench with a three (3) foot wide terrace drain constructed for every thirty (30) vertical foot of slope. Agenda Item No.t6_ Page 14 of 24 Page 15 — City Council Meeting Minutes — December 12, 2006 60. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 61. 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 restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 62. Individual lot 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. 63. On -site drainage facilities located outside of road right -of -way should 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 ". 64. 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. 65. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 66 Meet all requirements of LEMC 15.68 regarding flood plain management. 67. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District as a submittal requirement of the rough grade plan check. Applicant shall mitigate any flooding andlor erosion caused by development of site and diversion of drainage. 68. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 69. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 70. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained with the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 71. A drainage acceptance letter shall be required from the downstream property owners for out - letting the proposed storm water run -off on private property if the flows are inconsistent with the historic flow details. 72. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. Agenda Item No.1b Page 15 of 24 Page 16 — City Council Meeting Minutes — December 12, 2006 73. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 74. Education guidelines and Best Management Practices (BMP) shall be provided to the manager of the business in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A " in the Riverside County NPDES Drainage Area Management Plan. 75. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. These provisions include the development and compliance with a Water Quality Management Plan (WQMP). 76 Driveway intersection site distance shall meet the design criteria of the CALTRANS 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. 77. Reciprocal access agreements shall be processed with adjacent property owners. 78. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant shall contract with CR &R, Inc., in accordance with the City's Franchise Agreement. BUSINESS ITEMS 31. Second Reading — Ordinance No. 1203 — Authorizing the levy of a services special tax and a special tax (Running Deer Estates). MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1203. ORDINANCE NO. 1203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. Agenda Item No. 1,6 Page 16 of 24 Page 17 — City Council Meeting Minutes — December 12, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE 32. Second Reading — Ordinance No. 1204 — Authorizing the levy of a services special tax and a special tax (Riverlake Villas). MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1204. ORDINANCE NO. 1204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading — Ordinance No. 1205 — Authorizing the levy of a services special tax within Annexation Area No. 21 (Riverlake Villas). Agenda Item No. 16 Page 17 of 24 Page 18 — City Council Meeting Minutes — December 12, 2006 MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1205. ORDINANCE NO. 1205 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. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 21 (RIVERLAKE VILLAS) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Second Reading — Ordinance No. 1206 — Amending and restating sections of the Lake Elsinore Municipal Code regarding minimum onsite landscaping requirements in Commercial and Industrial Districts. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1206. ORDINANCE NO. 1206 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTIONS 17.40.080 C., 17.44.070 C., 17.48.080 C., 17.52.090 C., 17.54.090 C., 17.56.100 C., 17.60.100 C., AND 17.66.100 H. OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MINIMUM ON -SITE LANDSCAPING REQUIREMENTS IN COMMERCIAL Agenda Item No.-%— Page 18 of 24 Page 19 — City Council Meeting Minutes — December 12, 2006 AND INDUSTRIAL DISTRICTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Annual Financial Reports for Fiscal Year ending June 30, 2006. Administrative Services Director Pressey noted that the auditors had gone through all 4 entities of the City and issued their audited financial statements. He noted that they issued an unqualified opinion on all the reports. He noted that the City was applying for the Excellence in Financial Reporting. He noted that the City did receive a certificate last year. He noted that it was a good year for the City and all of its' entities. Administrative Services Director Pressey commented on project areas. He introduced Finance Manager James Riley. He noted that Finance Manager Riley was instrumental in helping through the audit process. City Treasurer Weber noted that the surplus was outstanding. He commented on the funding for the Rosetta Canyon Fire Station. He noted that Finance Manager Riley was a CPA and a good addition to City staff. He commented on the honesty of the individuals in the positions. Councilmember Buckley noted a correction on page IX. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO RECEIVE AND FILE THE ANNUAL FINANCIAL REPORTS FOR FISCAL YEAR ENDING JUNE 309 2006 WITH A CORRECTION TO PAGE IX. Mayor Magee commended staff for all their hard work. Agenda Item No. I b Page 19 of 24 Page 20 — City Council Meeting Minutes — December 12, 2006 THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 36. Exclusive Negotiation Agreement with Watersedge Development entities. City Manager Brady commented on the item. He noted that the project consisted of a 77 -acre site located on Lakeshore Drive. He noted that the project would include a new marina, retail, commercial and residential in addition to other uses for watercraft and marine dealerships. He noted that the site was located in the floodplain area. He noted that fill material was needed to bring the site to the appropriate elevation. He noted that it was estimated that City owned property on the other side of the levy would have enough material for the project. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE EXCLUSIVE NEGOTIATION AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. 37. Presentation of Certified Election Results. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO RECEIVE AND FILE CERTIFIED ELECTION RESULTS. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-209 CERTIFYING THE GENERAL MUNICIPAL ELECTION. City Clerk Ray conducted the Oath of Office for Thomas Buckley and Daryl Hickman. Mayor Magee congratulated Thomas Buckley and Daryl Hickman. 38. Annual reorganization of the City Council to select the Mayor and Mayor Pro Tem. Mayor Magee opened up the nominations for the position of Mayor. Agenda Item No_�6— Page 20 of 24 Page 21— City Council Meeting Minutes — December 12, 2006 MOVED BY SCHIFFNER, SECONDED BY KELLEY TO NOMINATE COUNCILMEMBER KELLEY FOR MAYOR. MOVED BY HICKMAN TO NOMINATE COUNCILMEMBER BUCKLEY FOR MAYOR. Councilmember Buckley respectfully declined the nomination. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO NOMINATE MAYOR MAGEE FOR MAYOR. COUNCILMEMBER BUCKLEY VOTED FOR MAYOR MAGEE. COUNCILMEMBER HICKMAN VOTED FOR MAYOR MAGEE. COUNCILMEMBER KELLEY VOTED FOR COUNCILMEMBER KELLEY. MAYOR PRO TEM SCHIFFNER VOTED FOR COUNCILMEMBER KELLEY. MAYOR MAGEE VOTED FOR MAYOR MAGEE. Mayor Magee opened up the nominations for the position of Mayor Pro Tem. MOVED BY BUCKLEY, SECONDED BY MAGEE TO NOMINATE COUNCILMEMBER HICKMAN FOR MAYOR PRO TEM. Mayor Magee closed the nominations for Mayor Pro Tem. COUNCILMEMBER BUCKLEY VOTED FOR COUNCILMEMBER HICKMAN. COUNCILMEMBER HICKMAN VOTED FOR COUNCILMEMBER HICKMAN. COUNCILMEMBER KELLEY VOTED FOR COUNCILMEMBER HICKMAN. Agenda Item No. ]h Page 21 of 24 Page 22 — City Council Meeting Minutes — December 12, 2006 MAYOR PRO TEM SCHIFFNER VOTED FOR COUNCILMEMBER HICKMAN. MAYOR MAGEE VOTED FOR COUNCILMEMBER HICKMAN. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:50 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 7:57 P.M. Mayor Pro Tem Schiffner presented Mayor Magee with a plaque in recognition of his time served as Mayor. Mayor Magee thanked Council and staff for the plaque. PUBLIC COMMENT State Assemblyman Kevin Jeffries thanked everyone for their support. He commented that his office would be relocating. He commented on his staff. He noted that he looked forward to working with everyone. He commented on the deficit. He noted that his first goal was to protect taxpayers and local government. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming event: December 17th — Open Air Farmer's Market 2) Congratulated Mayor Magee on his reappointment as Mayor, and all the other Councilmembers serving as Chair and Vice Chair on other entities of the City. 3) Wished everyone a Happy Holiday. Agenda Item No.1— Page 22 of 24 Page 23 — City Council Meeting Minutes — December 12, 2006 CITY ATTORNEY COMMENTS 1) Congratulated Mayor Magee on his reappointment as Mayor, and all the other Councilmembers serving as Chair and Vice Chair on other entities of the City. 2) Wished everyone a Happy Holiday. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Congratulated Mayor Magee on his reappointment as Mayor. He noted that the Mayor was a good leader and a good person for the position. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Congratulated Mayor Magee on his reappointment as Mayor. She noted that he did a great job. 2) Wished everyone a Happy Holiday. Mayor Pro Tem Schiffner commented on the following: 1) Congratulated all the newly sworn in Councilmembers. He congratulated Mayor Magee on his reappointment as Mayor. Thanked everyone for attending the meeting. Councilmember Hickman commented on the following: 1) Thanked Tarbell Realtors and the Elks Ladies for donating toys for less fortunate families. Agenda Item No. 16 Page 23 of 24 Page 24 — City Council Meeting Minutes — December 12, 2006 2) Congratulated Elsinore and Temescal Canyon High Schools for their run toward the football championship. 3) Congratulated Mayor Magee on his reappointment as Mayor. Councilmember Buckley commented on the following: 1) Congratulated Mayor Magee on his reappointment as Mayor. 2) Thanked everyone for his appointment to RDA Chair. 3) Wished everyone a Happy Holiday. Mayor Magee commented on the following: 1) Wished everyone a Happy Holiday. The Regular City Council Meeting was adjourned at 8:05 p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FREDERICK RAY, CMC, CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. I J Page 24 of 24 JANUARY 16, 2007 CITY OF LAKE ELSINOR E WARRANT SCARY FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 753,077.26 104 TRAFFIC OFFENDER FUND 622.34 105 MISCELLANEOUS GENERAL PROJECT FUND 1,255.86 110 STATE GAS TAX FUND 200.28 130 LIGHTING /LANDSCAPE MAINTENANCE FUND 75,910.45 135 L.L.M.D. NO. 1 FUND 4,911.26 204 SIGNAL C.I.P. FUND 898.73 205 TRAFFIC IMPACT FEE FUND 321,134.48 221 PARK C.I.P. FUND 284,518.61 231 LIBRARY C.I.P. FUND 1,719.46 254 89 -1 RAILROAD CANYON IMPROVEMENT FUND 202.50 352 A.D. 86 -1 DEBT SERVICE FUND 1,317.40 353 A.D. 89 -1 DEBT SERVICE FUND 2,616.68 356 A.D. 90 -1A DEBT SERVICE FUND 2,590.20 357 C.F.D. 2003 -02 DEBT SERVICE FUND 1,734.60 360 A.D. 93 -1 DEBT SERVICE FUND 7,416.50 362 C.F.D. 95 -1 (1996 -E) DEBT SERVICE FUND 900.00 363 C.F.D. 88 -3 (1111997-A) DEBT SERVICE FUND 2,747.92 365 C.F.D. 98 -1 SUMMERHILL DEBT SERVICE FUND 3,208.86 366 C.F.D. 2005 -6 CITY CENTER DEBT SERVICE FUND 900.00 367 C.F.D. 2006 -1 SUMMERLY /LAING DEBT SERVICE FUND 1,350.00 368 C.F.D. 2006 -2 VISCAYA DEBT SERVICE FUND 900.00 369 C.F.D. 2004 -3 ROSETTA CANYON DEBT SERVICE FUND 2,222.50 371 C.F.D. 2005 -1 SERENITY DEBT SERVICE FUND 900.00 372 C.F.D. 2005 -2 ALBERHILL RANCH DEBT SERVICE FUND 5,560.00 373 C.F.D. 2005 -5 WASSON CANYON DEBT SERVICE FUND 900.00 374 C.F.D. 2005 -4 LAKE VIEW VILLAS DEBT SERVICE FUND 400.00 376 C.F.D. 2006 -3 LA STRADA DEBT SERVICE FUND 400.00 378 C.F.D. 2006 -8 TRACT #31957 DEBT SERVICE FUND 3,000.00 381 C.F.D. 2006 -10 RIVERLAKE VILLAS DEBT SERVICE FUND 9,000.00 382 C.F.D. 2006 -0 TRIESTE DEBT SERVICE FUND 7,500.00 606 MOBILE SOURCE AIR POLLUTION FUND 477.50 608 TRUST DEPOSIT AND PRE -PAID EXPENSE FUND 15,363.36 610 KANGAROO RAT TRUST FUND 17,806.00 620 COST RECOVERY SYSTEM FUND 47,306.31 650 C.F.D. 2003 -1 LAW & FIRE SERVICE FUND 3,020.00 GRAND TOTAL $ 1,583,989.06 AGENDA ITEM NO.� 1/17/2007 Warrant 011607 1 of 1 PAGE I OF JANUARY 16, 2007 CITY OF LAKE ELSINORE WARRANT LIST CFlECK# VENDOR NAME AMOUNT 87503 87925 87926 87927 87928 87929 87930 87931 VOID (AIA INLAND CALIFORNIA) CALIFORNIA P.E.R.S. CALIFORNIA P.E.R.S. THE L.I.U. OF N.A. LIUNA - LOCAL 777 PRE -PAID LEGAL SERVICE, INC. STANDARD LIFE INSURANCE STANDARD LIFE INSURANCE $ (736.00) 89,776.30 3,997.62 2,879.70 1,319.00 129.50 2,323.10 303.25 87932 V.S.P. VISION SERVICE PLAN 1,450.20 87933 CALIFORNIA P.E.R.S. 42,390.18 87934 PRECIOUS LEE 168.75 87935 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 44,071.12 87936 ASSURANT EMPLOYEE BENEFITS 9,797.65 87937 CALIFORNIA P.E.R.S. 41,287.65 87938 ICMA RETIREMENT TRUST 3,600.50 87939 STATE COMPENSATION INSURANCE FUND 18,552.48 87940 GENERO AND MABEL A. PRATS 1,800.00 88643 VOID (DAN DAMON PRODUCTIONS) (100.00) 88768 GENARO AND MABEL A. PRATS 1,780.00 88920 VOID 0.00 88921 -88922 A & A JANITORIAL SERVICE 5,126.00 88923 A A EQUIPMENT RENTAL CO., INC. 90.99 88924 ACCOUNTEMPS 1,960.00 88925 ACWA -JPIA 50.00 88925 -88927 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 3,454.85 88928 ALL STAR GLASS 221.03 88929 ALLIANT INSURANCE SERVICES, INC. 1,090.08 88930 ALLIED TRAFFIC EQUIPMENT 48.49 88931 AMERICAN FENCE COMPANY, INC. 60.00 88932 ANDERS CONSULTING, INC. 2,876.00 88933 ERICA ANDERSEN 317.25 88934 ANIMAL FRIENDS OF THE VALLEY 7,500.00 88935 APPLE ONE EMPLOYMENT SERVICES 2,582.47 88936 APPLIED CONCEPTS, INC. 3,995.00 88937 ARTISAN GOLDSMITHS & AWARDS 1,543.52 88938 BANK OF AMERICA, CITY MANAGER'S OFFICE 558.48 88939 BANK OF AMERICA, FIRE STATION #85 873.51 88940 BANK OF AMERICA, FIRE STATION #10 101.23 88941 BANK OF AMERICA, LAKE & AQUATIC RESOURCES DEPARTMENT 1,173.39 88942 BANK OF AMERICA, ADMINISTRATIVE SERVICES & HUMAN RESOURCES DEPT. 862.90 88943 BANK OF AMERICA, COMMUNITY SERVICES DEPARTMENT 838.86 88944 BGCSWC 500.00 88945 BIO -TOX LABORATORIES 1,466.42 88946 BLOOMFIELD GROUP, INC. 170.00 88947 PHILLIP BRATSAKIS, 30.00 88948 BUREAU VERITAS NORTH AMERICA, INC. 8,094.91 88949 C.S. LEGACY CONSTRUCTION, INC. 284,019.86 88950 CALIFORNIA PARK & RECREATION SOCIETY 80.00 88951 CALIFORNIA MUNICIPAL REVENUE & TAX ASSOCIATION 50.00 88952 CALIFORNIA BUILDING OFFICIALS 58.00 88953 CALIFORNIA JPIA 12,110.00 88954 CALIFORNIA P.E.R.S. 738.25 88955 CANON FINANCIAL SERVICES, INC. 516.03 AGENDAATEM NO. .C. 1/17/2007 Warrant 011607 1 OF 4 PAGE L OF JANUARY 16, 2007 CI'T'Y OF LAKE ELSINORE WARRANT ]LIST CHECK# VENDOR NAME AMOUNT 88956 88957 88958 88959 88960 88961 CAR -TEL AUTO ELECTRIC CM WASH EQUIPMENT COLOR TECH COMMERCIAL PRINTING CORMAN LEIGH HOMES COUNTY AUDITOR - CONTROLLER KIRT A. COURY 87.27 112.01 4,827.12 34,230.00 35.00 6,075.00 88962 CUTTING EDGE STAFFING, INC. 2,887.50 88963 D & S ELECTRIC 685.00 88964 DAL M. STONE 325.00 88965 RITA DAVIS 692.12 88966 DAY - TIMERS, INC. 194.12 88967 DELTA SERVICES 33.94 88968 DIEHL, EVANS & COMPANY, L.L.P. 21,419.00 88969 DO IT CENTER 129.51 88970 CAROLE K. DONAHOE, A.I.C.P. 3,461.10 88971 DOVERSPIKE & ASSOCIATES, INC. 4,750.00 88972 -88973 EN.M.W.D. 2,776.90 88974 ELSINORE ELECTRICAL SUPPLY, INC. 943.76 88975 -88976 ELSINORE PIONEER LUMBER CO. 719.41 88977 ELSINORE VALLEY RENTALS 288.50 88978 ELSINORE'S WOMAN'S CLUB 250.00 88979 ENFORCEMENT TECHNOLOGY, INC. 36.96 88980 ESRI, INC. 11,322.47 88981 -88982 EXCEL LANDSCAPE, INC. 17,928.00 88983 FEDERAL EXPRESS CORPORATION 126.46 88984 FERGUSON GROUP, L.L.C. 6,061.19 88985 FIRST AMERICAN REAL ESTATE SOLUTION 662.55 88986 GRAINGER INDUSTRIAL SUPPLY 381.30 88987 ARLINE GULBRANSEN 373.35 88988 -88990 HARRIS & ASSOCIATES, INC. 82,690.00 88991 HARRIS & ASSOCIATES, INC. 3,420.00 88992 HARTZOG & CRABILL, INC. 1,960.00 88993 HDR ENGINEERING, INC. 13,270.63 88994 HEMET FENCE CO. 41.37 88995 HEWLETT - PACKARD COMPANY 1,270.37 88996 ICMA MEMBERSHIP RENEWALS 1,200.00 88997 IMPACT PROMOTIONAL PRODUCTS 722.53 88998 INLAND URGENT CARE 156.00 88999 DE JANDA 181.50 89000 JOANN SOROKOWSKI 325.00 89001 LA SIERRA FIRE EQUIPMENT 553.75 89002 LAKE BUICK PONTIAC GMC, INC. 81.90 89003 LAKE CHEVROLET 432.59 89004 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 125.00 89005 NANCY LASSEY 341.21 89006 -89007 LAW OFFICE OF RAUL B. GARCIA 4,091.38 89008 LEAGUE OF CALIFORNIA CITIES 13,862.00 89009 LEHMAN BROTHERS, INC. 4,893.75 89010 LIBRARY SYSTEMS & SERVICES, L.L.C. 1,719.46 89011 LINKLINE COMMUNICATIONS, INC. 44.95 89012 LONGTIN'S AUTO SUPPLY 78.65 89013 LOWE'S HOME CENTERS, INC. 2,140.58 89014 CHARLES MACKEY JR. 4,725.00 AGENDA EM NO. Q_ 1/17/2007 Warrant 011607 2 OF 4 PAGE _2OF� JANUARY 16, 2007 CITY OF LAKE ELS N®]E CHECK# VENDOR NAME WARRANT LIST AMOUNT 89015 89016 89017 89018 89019 89020 89021 89022 89023 89024 89025 89026 -89027 89028 89029 MARTIN & CHAPMAN CO. SANDRA MASSA - LAVITT MBIA MUNISERVICE L.L.C. MICHAEL BRANDMAN ASSOCIATES DIANA MILLER LINDA M. MILLER MORROW PLUMBING, INC. NBS GOVERNMENT FINANCE GROUP NETCOMP TECHNOLOGIES, INC. O'REILLY PUBLIC RELATIONS PAL OFFICE PRODUCTS PETTY CASH PREMIUM PALOMAR MOUNTAIN SPRING WATER THE PRESS ENTERPRISE 37.55 7,920.00 908.83 19,600.00 30.00 5,167.50 808.29 13,940.78 1,675.00 6,983.56 85.00 619.02 315.75 516.60 89030 PROJECT DESIGN CONSULTANTS 442.50 89031 PRUDENTIAL OVERALL SUPPLY 128.86 89032 QUILL CORPORATION 243.80 89033 QWEST COMMUNICATIONS 1,380.97 89034 R.H.F., INC. 30.81 89035 R.J. NOBLE COMPANY 317,001.98 89036 RIGHTWAY SITE SERVICES, INC. 894.02 89037 RITA BARRY 350.00 89038 RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY 17,806.00 89039 RIVERSIDE COUNTY SHERIFF 11,561.94 89040 COUNTY OF RIVERSIDE, TRANSPORTATION AND LAND MANAGEMENT 16,035.00 89041 COUNTY OF RIVERSIDE, OFFICE OF THE AUDITOR - CONTROLLER 2,950.00 89042 COUNTY OF RIVERSIDE, DEPARTMENT OF INFORMATION TECHNOLOGY 2,649.00 89043 COUNTY OF RIVERSIDE, OFFICE OF ASSESSOR, GARY L. ORSO 39.00 89044 ROBBINS PEST MANAGEMENT, INC. 390.00 89045 ANTHONY ROMERO 3,683.75 89046 JESUS ROQUE 120.00 89047 IRENE ROSENDALE 199.95 89048 ROTARY CLUB OF LAKE ELSINORE 95.00 89049 RSM PROPERTIES, LAKE ELSINORE PARTNERS 15,000.00 89050 SADDLEBACK MATERIALS COMPANY, INC. 659.07 89051 SCOTT FAZEKAS & ASSOCIATES, INC. 9,668.83 89052 SHARE CORP. 2,205.47 89053 LARRY ALLEN SIMMONS 60.00 89054 DAVID S. SOLOMON 4,560.00 89055 -89058 SOUTHERN CALIFORNIA EDISON CO. 35,025.44 89059 SOUTHERN CALIFORNIA GAS. CO. 962.86 89060 SPORTSMAN'S LODGE 6,474.00 89061 SPRINT 241.65 89062 -89064 STAPLES BUSINESS ADVANTAGE 1,631.10 89065 STAPLES CREDIT PLAN 916.32 89066 STAUFFER'S LAWN EQUIPMENT 139.00 89067 BOB STOVER, INC. 4,140.00 89068 SUSAN REID 36.22 89069 TEAM AUTOAID, INC. 93.44 89070 TEMECULA COPIERS 1,389.35 89071 TEMECULA MOTORSPORTS 622.34 89072 TICOR TITLE COMPANY 300.00 89073 TOP -LINE INDUSTRIAL, INC. 92.33 AGENDP� ITEM NO. 1/17/2007 Warrant 011607 3 OF 4 PAGE OF F JANUARY 16, 2007 CITY OF LAKE ]E]LSINORE CHECK# VENDOR NAME WARRANT LIST AMOUNT 89074 89075 89076 89077 89078 89079 89080 SCOTT ULRIKE UNION BANK OF CALIFORNIA UNITED PARCEL SERVICE UNITED STATES POSTAL SERVICE UNITED WAY - INLAND VALLEY VENUS PRINTING VERIZON CALIFORNIA, INC. 60.00 2,620.00 195.33 2,300.00 895.00 220.89 533.29 89081 VERIZON EQUIPMENT SALES & SERVICE 330.72 89082 VERIZON ONLINE 159.95 89083 TONI VUORI 36.09 89084 WEST COAST ARBORISTS, INC. 1,476.00 89085 WEST COAST SERVICES WINDOW CLEANING 450.00 89086 WESTERN BANK OF CHINOOK 2,607.49 89087 LDAN 4,352.00 89088 WENDY WORTHEY 5,850.00 89089 Z BEST BODY & PAINT SHOPS, INC. 1,140.20 89090 ZONES CORPORATE SOLUTIONS 185.89 TOTAL $ 1,410,331.41 P/E DATE: 01/05/07 PAYROLL CASH 124,987.81 01/05/07 PAYROLL TAXES 48,669.84 GRAND TOTAL $ 1,583,989.06 AGENDA ITEM NO. Y 1/17/2007 Warrant 011607 4 OF 4 PAGE _ OF Bank of America - General Reconciling Items Bank of America - Payroll Total Active Accounts CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF SEPTEMBER 30, 2006 BANK DEPOSITS OUTSTANG. BOOK BALANCE IN TRANSIT CHECKS BALANCE - - 1,000,000,00 Federal Home Loan Bank 11,000,000.00 $2,307,860.01 4,410.75 (1,130,036.42) 1,182,234.34 10,786.21 - - 10,786.21 11,276.95 - (1,560.89) 9,716.06 2,329,923.17 4,410.75 (1,131,597.31) 1,202,736.61 Local Agency Investment Fund 25,617,707.32 - - 25,617,707.32 Bank of New York -Trust Sweep Account 2,315,288.82 - - 2,315,288.82 Federal Home Loan Mortgage Corp. 1,000,000.00 - - 1,000,000,00 Federal Home Loan Bank 11,000,000.00 - - 11,000,000.00 Federal National Mortgage Association 1,999,750.00 - - 1,999,750.00 Sub -total Investments 41,932,746.14 - - 41,932,746.14 Unrealized Gain/ (Loss) at 6 -30 -06 per GASB 31 (111,900.00) (111,900.00) Total Investments 41,820,846.14 - - 41,820,846.14 44,150,769.31 4,410.75 (1,131,597.31) 43,023,582.75 Cashier Drawers #1 & #2 300.00 City of Lake Elsinore Petty Cash Fund 1,000,00 TOTAL POOLED CASH AND INVESTMENTS $43,024,882.75 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 27, 2006. 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. Pressey D to Director of Administrative S es Prepared by: J. Riley, Finance Manager AGENDA ITEM NO PAGE / OF 27 PAGE :I- OF a.7 _�, CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF SEPTEMBER 30, 2006 FUND NO FUND NAME AMOUNT 100 General Fund $12,285,020.18 101 Supplemental Law Enforcement Fund 86,998.63 102 Local Law Enforcement Block Grant Fund 5,427.17 103 Office of Traffic Safety Fund 63,904.82 104 Traffic Offender Fund 78,115.31 105 Misc. General Project Fund (1,424,301.12) 106 Affordable Housing In Lieu Fund 785,016.00 107 Developer Agreement Revenue 1,345,368.48 110 State Gas Tax Fund 950,691.54 112 Transportation Fund 670,335.73 115 Traffic Safety Fund 225,640.39 116 City Hall - Public Works DIF Fund 558,048.81 117 Community Center DIF Fund 357,219.44 118 Lake Side Facility DIF Fund 509,809.10 119 Animal Shelter DIF Fund 227,739.23 120 Camino Del Norte DIF 30,000.00 130 Lighting & Landscape Maintenance Fund (457,564.74) 135 #1 Lighting & Landscape Maintenance Fund 8,260.79 140 Geothermal Fund 15,970.24 150 C.D.B.G. Fund (68,110.53) 201 Street C.I.P. Fund 13,558.79 204 Signal C.I.P. Fund 142,088.06 205 Traffic Impact Fee Fund 3,748,838.75 211 Storm Drain C.I.P. Fund 5,792,210.06 221 Park C.I.P. Fund 2,164,610.92 231 Library C.I.P. Fund 1,078,987.42 232 City Fire Protection Fund 304,127.85 254 AD 89 -1 Railroad Canyon Rd. Improvement Fund 2,474,568.50 257 CFD 90 -2 Tuscany Hills (23,325.00) 259 CFD 90 -3 Construction Fund 93,565.54 266 CFD 2004 -1 Marintiqu 75,504.17 351 AD 87 -2 Debt Service Fund 443,124.49 352 AD 86 -1 Debt Service Fund 102,693.66 353 AD 89 -1 Debt Service Fund 276,388.62 356 AD 90 -1 Debt Service Fund 155,271.07 357 CFD 2003 -2 Canyon Hills 1,169,838.36 358 CFD 91 -2 Debt Service Fund 1,128,148.33 359 CFD 90 -3 Debt Service Fund (13,134.00) 360 AD 93 -1 Debt Service Fund 884,738.18 362 CFD 95 -1(96 Srs.E) Debt Service Fund 201,150.58 363 CFD 88 -3 / 1997 Series F Debt Service Fund 534,527.10 364 CFD 88 -3 I11 B / 1997 Series B Debt Service Fund (518,946.93) 365 CFD 98 -1 Summerhill Improvement fund (179,151.42) 366 CFD 2004 -1 Debt Service Fund (52,148.71) 367 CFD 2005 -3 Summerly / Laing 37,029.91 368 CFD 2004 -2 Vista Lago 25,399.04 369 CFD 2004 -3 Rosetta Canyon 256,111.43 370 CFD 2005 -x Camino Del Norte 26,247.20 371 CFD 2005 -1 Serenity 2,482.01 372 CFD 2005 -3 Alberhill Ranch 50,511.26 373 CFD 2005 -5 Wasson Canyon 26,538.01 374 CFD 2005 -4 Lakeview Villas 32,448.03 375 CFD 2005 -1 D. Clurman 30,250.47 376 CFD 2005 -7 La Strada (16,856.70) 377 CFD 2006 -X Tessara 46,389.30 378 CFD 2007 -X TR#31957 63,492.47 379 CFD 2007 -X Marina Village 65,392.94 380 CFD 2006 -9 Tuscany W 65,000.00 604 Endowment Trust Fund 18,758.69 605 Public Improvement Trust Fund 543,500.33 606 Mobile Source Air Polution Fund 161,023.30 608 Trust Deposit & Pre Paid Expense 1,961,529.30 610 Kangaroo Rat Trust Fund 2,780.00 611 Developer Agreement Trust Fund 1,240,460.00 616 Fire Station Trust Fund 123,711.77 620 Cost Recovery System Fund 1,740,430.66 650 CFD 2003 -1 Law & Fire Service Fund 271,835.82 651 CFD 2006 -5 Park, OpnSpc (406.35) Total Pooled Cash & Investments $43,024,882.75 '40i; OA I6 PAGE :I- OF a.7 _�, CITY OF LAKE ELSINORE ANNUAL YEAR -TO -DATE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING SEPTEMBER 30, 2006 Total outstanding investments as of August 31, 2006 $ 45,392,859.21 PURCHASE MATURITY COUPON YIELD TO RATE RATE RATE MATURITY COST Investment Purchases: Total Purchases _ Investment Maturities: FHLB #3133XD3V1 9 -01 -2005 9 -01 -2006 4.125% 4.125% (1,000,000.00) Total Maturities (1,000,000.00) Investments Called: FHLB #3133XFRMO 6 -22 -2006 9 -22 -2006 6.000% 6.000% (1,000,000.00) Total Calls (1,000,000.00) Net increase (decrease) in LAIF (3,545,000.00) Net increase (decrease) in Sweep Account 2,084,886.93 Total outstanding investments as of September 30, 2006 $ 41,932,746.14 AGENDA ITEM NO. -3-- PAGE OF 27 CITY OF LAKE ELSINORE QUARTERLY INVESTMENT ACTIVITY SUMMARY FOR THE QUARTER ENDING SEPTEMBER 30, 2006 Total outstanding investments as of June 30, 2006 PURCHASE MATURITY COUPON YIELD TO Investment Purchases: DATE DATE RATE MATURITY $ 51,921,895.81 Total Purchases _ Investment Maturities: FHLB #3133XD3V1 9 -01 -2005 9 -01 -2006 4.125% 4.125% (1,000,000.00) Total Maturities (1,000,000.00) Investments Called: FHLB #3133XFRMO 6 -22 -2006 9 -22 -2006 6.000% 6.000% (1,000,000.00) Total Calls (1,000,000.00) Net increase (decrease) in LAIF (10,099,338.86) Net increase (decrease) in Sweep Account 2,110,189.19 Total outstanding investments as of September 30, 2006 $ 41,932,746.14 AGENDA ITEM NO, PAGE il OF CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF SEPTEMBER 30, 2006 CURRENT PERCENTAGE BASED ON MARKET VALUE DESCRIPTION AS OF SEPTEMBER 30, 2006 U.S. Treasury Bills 0.00% U.S. Treasury Notes 0.00% Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC 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 Bank of New York - Trust Sweep Account Current Balance TOTAL % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 0.00% 0.00% 0.00% 26.17% 4.77% 2.37% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 61.15% 5.53% 100.00% MAXIMUM PERCENTAGE UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED 40.00% 25.00% 30.00% 15.00% 30.00% UNLIMITED 20.00% UNLIMITED $ 25,617,707.32 UNLIMITED $ 2,315,288.82 78.54% no less than 25 % 97.62% AGENDA ITEM NO. PAGE F� CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH SEPTEMBER 2006 (INCEPTION TO DATE) AGENDA ITEM NO. 3 PACE 1_OF 7- TOTAL % OF MONTH % OF FFCB PORTFOLIO BY AGENCY PORTFOLIO IN FHLB July 2005 0.00% 0.00% FHLMC 0.00% FNMA 0.00% FEDERAL AGENCIES 0.00% August 2005 0.00% 0.00% 3.33% 0.00% 3.33% September 2005 0.00% 6.23% 3.12% 0.00% 9.35% October 2005 0.00% 14.23% 2.85% 0.00% 17.08% November 2005 0.00% 18.82% 2.69% 0.00% 21.51% December 2005 0.00% 22.92% 2.86% 0.00% 25.78% January 2006 0.00% 20.74% 2.59% 0.00% 23.33% February 2006 0.00% 21.01% 2.62% 0.00% 23.63% March 2006 0.00% 20.49% 2.55% 0.00% 23.04% April 2006 0.00% 20.59% 2.57% 0.00% 23.16% May 2006 0.00% 19.94% 2.49% 5.02% 27.45% June 2006 0.00% 24.91% 1.91% 3.85% 30.67% July 2006 0.00% 25.26% 1.93% 3.90% 31.09% August 2006 0.00% 28.57% 2.19% 4.41% 35.17% September 2006 0.00% 26.17% 2.37% 4.77% 33.31% AVERAGE 0.00% 17.99% 2.40% 1.46% 21.86% AGENDA ITEM NO. 3 PACE 1_OF 7- W O O N Z a M W A W � � W F w a � V w F G CA U � F 0 U 04 F d' d' U A O F a A a w� O A � a F � d z 0 a D 0 U F a� E" A w a a a F w z oW F F W z E47 0 F H F z g S OO 8 8 Oo S S g g g g o o c o S � s g �o r r 10 10 10 10 NO N N N N cq C N N O N M 0 O C O O O LR 6-R & VR 8� � h oM0 O O N 8 �O v v 't h vi vi vi vi 00 O O N O O v c It vn vn vi vi vi CN S W s o° s g ri W) 00 00 00 00 00 00 of r O O O O O O O O N N N N N N N N a` r a` 00 0o O O N O - M 0 C> 0 O N N O O O 0 0 0 0 0 0 0 0 O O O O O O o O N N N N N N N N N V7 r � 00 00 O a a a a a a< < w w w w w w z z L y L y y L Y o ti tC G N Q. V1 RS fd p, o � o 0 0 r a �i F O F AGENDA ITEM NO. PAGE%OF 2 V z W o � N O W M z � � w W � � �zF A a w E-0 O W 'Fr W r 00 00 00 00 00 00 00 a r o r o r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E" Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q N N N N N N N N N N N N N N F A z z N N_ O N N OM N N N N 00 Ok w NO N N N O O O a F Q Q Q z �0 o z z z z N N N M U A td o 0 0 0 0 W �n kn W) W) 1) h W) %C 8 S S 8 S S �y w 8 8 8 8 8 8 8 O° W F Q Q NNQ N Q N N N N N N Z z N N h r O o0 00 O N o0 O O z FV O O O O O cc a cc F � � v d o W A o M o o v C r o o n C o 0 0 E o o a w N S h N O 00 O O O v1 O r 0 w) ca ON r v O v1 h V') N In S M vl N Oli M V1 y u lu 8 8 8 8 8 5 8 8 8 8 8 8 8 8 A F o 0 8 8 8 8 8 8 8 8 8° 8$ 8 8 r N O O O O O O O O O r O O O N a N ti cc O ti A a F O W 8� s 00 p�� W s pS O N ID to � W) W) W) W) W) W) W) tn In W T F � w F N N S W ko 8 C C 8 O W O 00 v1 �p h o0 F a� 4 T W) W W) tn W) .... 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A v p cv u p p u w A U PAGE_, L,_._4F.p� F' �x x W � o 0 xM C/i L a U v GTi O Q �v� F ¢ U � s e 00 u i 42 Q ° �d ° M q � ¢vi :3 f� OO F O O O O M N V1 N O (,` N C` O O It wl O CCD) d •: M O O O rO �O N 00 00 ^ D N 7 o •v 69 rq 10 N � M ww w O rO °- �v CD N N 00 6q 00 h M M ct 0 0 69 O N 7 O C O M ' O) � U � Q � O 'O ►Ni t` O N N o0 00 cq O M N_ 69 U N d Q M 000z d 7 -n p {Y.1 en ° W w � w U U U Q Q Q ¢ •u.wwz �S � c � O O O 00 00 on p 8 0 0 d FFFz O N M W �nW) O O O O �o10 �c10 O O O O �o �o �o �o ,It ��r I- rn O` rn O, w W C •[ cd w cd W bA a 0 � E c � w O O � aj mo fNi C: r[-i W v O M y ° Q o zZ _ LR O\ d• C r N N 69 b4 W W � kf) N N f+9 6R 00 n C` N N b4 69 N _ o � m � o W cz eqcq C w' .0 cz C 0 0 c w' 0 E b ax O O O O O O O O vl �O O vi O O v1 vi O O, D` 00 t— M -'T 00 O M In p O. d (� N N 10 �O 00 00 D N N o •v O rq 10 N � M ww w ww' °- �v 6A O U 6q 00 h M N W p 0 0 0 O N 7 O C r` 7 N � ° � U � Q � O 'O ►Ni V) fn V D M 00 O N O' N_ O N M cu co Q ro o d 7 -n Qs 1 6A 00 t` M_ -'T 00 OIL M In O O, d ° �O -•. a0 00 00 00 00 00 00 00 00 00 00 o •v O N M 6A 69 Ql) IL) Q 10 Q Q a6- 16 w w w w w oozozz00 d ° 0 0 0 Q d o 0 A z N M <t vn 10 C` 00 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00 o •v s v b � ww w ww' °- �v W O U a Ln � U U Q � U N W W 0 0 0 0 o N 7 O C M 7 N � ° � U � Q � O 'O ►Ni V) fn N N y wc1F AGENDA ITEM N0. PAGE_L2- OF cu co Q ro o d cc A m m z m z z m m i a v v o v v w w w w w ° 0 0 0 Q d o 0 A z N M <t vn 10 C` 00 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00 Fr7 F_ F_ W O U O U Ln � U U Q � U N W Q y O r kn A N 7 O C M 7 N � ° � U � Q � O 'O ►Ni z � wc1F AGENDA ITEM N0. 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E O h Q 0 0 U r1 a U i Vi A �d y m Q 0 0 O N .0 e a 0 CQ A E 0 a 8 bL O 'O w a� d F ODD � �U O° d � � D i frr On F 0 �n v� rn rn v v O ^ M h I OD In M ^ cr � V N 00 00 69 1 69 O ^ ^ M Vl W ^ N M 00 7 N 00 00 69 1 b9 O ^ V) 00 ^ M ao 7 N 00 00 ss I vs N lu 00 0 v o PC w w ° � � c D O O W O L N N � � Ic N O N ' M 7 1\ 00 o a L ao oa d as C 6A 69 N N N O N V 00 M 1` W Q� ^ 00 O, o a Qq N A O N x 00 M [� a0 � a os sv N Q Q 00 00 00 N o'z'zo d O O 0 cc y Oq no a � � w w a � c a W 0 o O � 0 X k, Q Q aazzoa .b .b � w 8 w � x oz � c�a ❑ Q 0 oj 0¢Q 0 AGENDA ITEM NO -- PAGE OF�_ 0 0 0 0 r�-1;r� f- Vn h V V h h W) W) �2 �2 I'D O O O O O O O O O O O O 0 U Q N 0 � x � U w w Q > b 0 �n v� rn rn v v O ^ M h I OD In M ^ cr � V N 00 00 69 1 69 O ^ ^ M Vl W ^ N M 00 7 N 00 00 69 1 b9 O ^ V) 00 ^ M ao 7 N 00 00 ss I vs N lu 00 0 v o PC w w ° � � c D O O W O L N N � � d o a L ao oa d as C d U N N � U ww o a x 0 0 a 0 0 a00 �+ 00 00 00 d O O d no � c O � 0 r1 o G k, d e � 8 o oz ❑ Q AGENDA ITEM NO -- PAGE OF�_ 0 N 0. f" z� O M Q � a " GTr O � Q Q' •y U a a as b q W d a x F d r a a Lei O O W �y � L n� W a+ y •� 3� M 0 00 M 00 OC en U 8 � � z'� d W6. PC F 0 a N N 69 69 r- � O N N 69 69 n n O � n n N N 69 69 C %N V q 0 N w :fl d � W Xy X U N w N x G 0 o� O O O O w 0 0 W im h d T h ^a S co d W d a k F a �U d r o� a` O 4 W � i. I� W q 3� 0 00 � Far. o E o � z Gr, W F 0 a` v 17� rn r N N O O 69 69 O O 69 69 O O 69 69 C N O d ti b m r. w' a O o W x Y R co w N x cu r- 0 0 0 N O O O O r c w 0 0 � T X n M � � U � 8 0 � zed W6i 000 F AGENDA ITEM NO. PAGE _OF_22-e 0 O •+t a �n�noo rn rn o 0 v v o 0 r N 00 � n 00 M O l� o0 69 69 cf 00 M O � oho 69 69 h � N 00 l- Ip V 00 M O n 69 59 N N N Q oo8'z a a w w 'C A W .Y .y 0 o X X cUd Q Q mrazzz c c ww X X CIS C13 O O Q Q 0 0 0 0 O O O O .b 7 w a x � o W U w Q LT. C13 ._ ° a v�ifAd a`.Q AGENDA ITEM NO. PAGE _OF_22-e 0 O •+t a W � o O M d p � U � ;4 0 O � � F Q U � a A F w C 0) U w U �o e� N z U Q C� ..may N Lp o Gq F M C y w a� C0 rn g Cl! 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PAGE ��._ 0 O 0.. a A N W H o V w0� F U � d C tn N cc O U d a �p N r+ u C W w U wO w b M O is U y � C Oq F UReV s 8080 880 0 o v o't 00 It a M ' to M M �° ° O M 01 H M r oo m �°° ° 0 O O� O 69 -r 69 N M r M M h h M r 0pp0 O� O lO O a\ O 69 6q zo'zozz�'o � C C C C w w w7 w 0 0 o e W C [ .V zcazwzzoaoa b b bb w w ww m Cd m m a>i a�i a�i a>i z z�zz oo� N M 9 H MooD ro 00 S31SI133 r r r r r r r r 0 � O p U U d Q 7 C O d U O 7 > C v°i�C�aQv7iUU d 0 N 0 U v a O N w u A w W �T" U M d U a ^O b C CA F eL-R W�LR eLR UR g0g00s00 o It olzt' o 1 v 00 00 O 'O 0_0 N M 0°0 h M O O d' V1 Vn O 00 � O N M b N 0\ N N 6q 6q 00 � 8 V Oy0 00 O 'O 00 N M 001 Cl N m O O W) 00 N N O m lO N O N N 6q 69 00 C� OO � 7 V C\ 8 cn n M 00 h M O O W) 00 N to N eq O M �O N O\ N 69 - 64 Q N Q N N Q N N 8 8' (5, g � b bb bb � 0 0 0 0 0 W .: ._ = .Z = .11;� ll;� .lu� zcazocmzaaoa b bb bb w cz CIS m cc cqs z2zo zz 2 01 a, ol a ON b r r r r r r r r 0 ° U Q � ti 7 C O U U d Q cxO U cE y Cl, > Eu vai A 0. 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PACE --L7—OF P,7 0 a I; F" 7F7 HG � a A o W O r7y � a�i a" rA O LO) U � rA 0 0 0 N d 'O O Ad 00 V w q •eC �U ao iQ � d q Lao y wOOF e e o 0 m N N O M Vl V1 O °g> wpi GL (i N q O y N N VM. D l� vi O 00 vii O V O O m N M r- N D rri ri 6S 69 It 00 O It O O N O O� cazzoacov 7 � 69 os 00 q vl O O N M 00 00 7 d' 69 fA 00 O N N Q CD O Cl O CD CD d � o q 7 7 C, p N M fA VJ 00 Ol O i0 C q 20 � w O O q U R O C O C X c u .0 'C ca�mz q W O O O 7 U¢ O O p w � w ~ q N y m U � U � � o � T � T v a� ❑ a 0 0z O O O O wmw[= bbb N O O O O O O O O AGENDA ITEM NO. O O O O PACE LL_OP.. 2 2-- 3 Q U w O ¢ U ¢ N Oq 7 q U y QV w fl••i Ix.. O N �UUtx V O q O D _O •L d' U �o � q �q O N z� q O L wcaF e o 0 0 m N N O M Vl V1 O °g> wpi GL (i N q O y N N VM. 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C .L+ O ,A N .p•' tom. •Q O ,� N ��. 7 O .% N N G vUi E c' y N ,C H ,�• �" c in y .LU.� ,C ON E �' �C. h y N ,C y � E' C y N N wa"' �v�dUv�i�arx ¢vsUUv�i�a94<cnUUv�i�w9� cn�UUv) 91 9�&n'QUaUUR; PAGE�OF�, N a N ON 'IT C) a\ C\ M ;� O W) O V N N , O C M M M M N M �o N C4 � M O h O 7 p O N O O tn d' m N M r �o N N ON 7 O O, O� Io "O O\ M O U1 O 7 1 O N \O M N h N C N n N eq O\ � M M M V M N Cl) O N cl 00 � C � G C ¢ G Q C � ¢ C aC d_ C a Q C a C d aG ) C a Q C Q C d_ < G U d aC aC C C C C C U Z p z z p p z p z O Z z 00 z O z O O z O O z O z O z z O z O O z O z O O z O O z 0 'C b b b 'O b b •C3 b b b b b b b b b 'O b 'c7 G G G C G G C C G G G G C C G G G C C G 7 C C G 7 C C 7 7 C 7 7 7 C C O C G G C w w w w w w w w w w w w w w w w w w w w w •�= w' G C C C C C C C G G G C C C G G G C C O O O O O O O O 0 0 O O O O O O O O O O p C .yC+ .yC+ i � 7 i i .G+ 7 .tC ay7+ v a aYG.+ a7+ .C+ .C+ a4 u 0 . .� .0 x x x x x x x x x x x x x x x x x x x x x x x U o U U U U U U U U U U U U U U U U U U U U L L L L L L L L L L L L L L x x x x x x x x x x x x x x G —Z Z Q Q a a Q ¢ Q Q ¢ ¢ a d ¢ ¢ ¢¢ ¢ a Q ¢ a "¢ a e ¢ 2mZZmmz wzaszZcaoozoazcoasZco =zooZcazz0]zascazalzoocoZoo wz w w w w w w w w w w w w w w w w w w w w a a s a s a s a a s a s a s a a s a a a aU T T T T T T T T T T T T T T T T T T T T T N T N N N N N N N N N N N N N N U U N N N O N L N o Q o o d o¢ o¢ Q o o¢ o¢ o o¢ o o d o¢ o Q Q o¢ o c¢ o¢ o o Q o o d z�zz�zzzz�zzz�zz�zzzzc�Fz�z�az ppM p�p pvi �ppO 00 •pp•� pNp p Mp p vp vpp) \ppO prp 0pp0 p�p p Np p Mp O kn p�p p rp �pp O O O O O O O O O O O O O O O O O O O �O �O �O �o �o �O O� O� O� O� O� O� O� O� �O �o �O �O \o O� O, O� 00 2 00 2 2 00 00 00 � V czt V V 4 a' 7 7 7 V 00 00 00 00 00 00 7 d' V' ON C\ m ON� �f' �t �t r- r- r- r- r- r- r- b r r-� r- r- r-� 00 00 00 00 00 00 �O �O �o �O ;O �o O O O O r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r 0 0 0 0 �O �O M �O \D �o �O �O \O %O �o \O �O �o �O �D �O \O %O �O 1.0 �o �O �O �o \O �O �O �O �O �D �O �O %o �O %O \O �O O O O O r r r r o w 0 0 0 o u U 7 U C U U U U U O y u p, tu O N O O O C U 0 C C oz G d K Q �°e ¢ K ¢ K o¢ U 0 0 o a� b c o a o U U w 0 W U G c v c W cUi G c o c W V G C❑ c W 0 G K E c W b U Q¢ U v O.as .G 7 ° U O U " U ¢ OU U GZ y > C o p C tL °C U " U ¢ U O .U. o C I ° ?b ¢ 0 ¢U . 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C .L+ O ,A N .p•' tom. •Q O ,� N ��. 7 O .% N N G vUi E c' y N ,C H ,�• �" c in y .LU.� ,C ON E �' �C. h y N ,C y � E' C y N N wa"' �v�dUv�i�arx ¢vsUUv�i�a94<cnUUv�i�w9� cn�UUv) 91 9�&n'QUaUUR; PAGE�OF�, N a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M V1 V1 O V1 O O V1 V1 as O O O V1 V1 O V1 O O O V1 Vl V1 V1 V1 O V1 V1 V) V1 V1 V1 V1 in O O W� V1 O O V1 C� C� C� O O 01 Q` 0o O O Cl C� C� C� O O O C� C� O t- C� O C� C� C� C� C� C` 01 O O O O C� O O C� 'n 't 't V O O -,t -,t t` C C O 't 't t- �t O O O "t � 00 7 O � 't "' �t "t > zt O O 't �t O Cl 't m vvv �.'o •ov 'oo -o v'v•o o-o 'cc•ovv'vb b bb b www �w ww-� wwbw www to Wwwwwww - dw ww w x x x U x x x x x x x x x x x x x x x x x x x x x I 0 0 0> 0 d d o 0 a Q d Q 0 0 0 0 d Q Q 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 d Q 0 0 d Q o 5 Z z z z z z z Z z z z z Z N M V N M rt to �o N M It to \o tl- N M V1 �o t- 00 _ N M ct N M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N M O t` o0 00 0 0 0 0 0 0 0 0 O O O 0 0 0 0 00 1 �C �C �C �o 00 00 00 w w w �c �c �o �o �c �o \C O �c O �c �o �c �o �o _M _M M M _M M_ M_ M_ M 00 00 00 00 CS C1 C1 N �D \c �C 10 00 00 00 00 00 00 00 00 00 00 00 00 00 = 00 00 00 00 00 00 00 'o 'o 'o �o 'C 'C 'C 00 00 00 00 00 00 00 00 00 0o C, C, Q\ C� a\ Q, O N N N N N N N N O O O O O O O O O N N N N N N N \VO n Vl yl V'� ut v'� ut Vl n n n n n n ut 2 �C �C �C �C 10 10 - - - - L- t- t1 l� �C �C �D C �C `C `0 _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 = == L- r r — 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O t- t� t- t- t- t- t- t- t- 0 0 0 0 0 0 0 0 O O O O O O O O Cl O O O O O O O O O O O O O O O O `C `o �C �C �o �C 'o �C �o 0 0 0 0 0 0 0 0 C J C U C C V V U U V C O C 7 U U C U C 7 U C C' U C. 7 7 7 C C C C C C3 w o w o Q o Q Q Q o Q o d w w w w o d o Q w w w w Q o w d w w w w w o w w w w w o a>i : oa�> o o ; w ; o ; :o,a5ao:o:5aa.o:5a.o;o:00.5o.0;oaK o5a ; i AGENDA ITEM N0. --J PAGE ?-s OF v w 0 M a O t` t` M O oo t- O M d' N E O N oo N M M vl O O O O 00 o0 .-- w) oo M O O oo 'IT O 00 00 t- `C M tl- 00 0 0 0 M M Cl) O 00 O C� D\ O M N t- .-• , , O O . O t� C �6 . t` N � O O r,: oo n O Vt C� t` t` O M 00 �C O O IC 7 O r- N Cl M d' O �t N l� �c -� O t- O N O oo rw V1 O lC M O N rn 00 0o N Qn O O o0 M M O l n Qn M N N O O O 00 Cl O 00 M N ON M dt O h m O N O 00 N ut of C, 00 h 00 O C, oo D, C, •-+ M t- � M 00 -,1- •--� N N �o N N N M Cl oo t` O M It N E Cl N 00 N M M tn 10 Cl O�c 00 00 -- V -- vl 00 M O O oo V O 00 00 t- �o M t` oo - O O M M M O oo O C, D, M N t-: 1 1 C O 1 1 1 O r O�6 . . . t-: N C O C� t- 00 O vl r C, t` O M oo �C O O �D 7 O t- N It C� M ' O � N r- �C �-- O t- C, N ;- It of oo t` V w O M O N r-�, o0 00 N C w O o0 M M -- O r- C� M N N O O O 00 O O 00 M N C; M It O h 10 -It 1 N O r- 00 N h O, C� 00 Vl [� 00 C1 .-• C, oo a, N O r- N O C� •--� M t- C� 00 •-- .-. N M 00 � •--� N N �C N N N (� i- V1 O r- M O 00 t- M M N It O N 00 N M M V1 10 O �-- �c 00 00 .-- � �--: Vl o0 M O V) oo \o 00 00 t- �C M t- 00 lC O O M Cl) M D0 00 O C1 Q\ ,-. 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" m " % LL LL 0 ffi=r ] � o > — 0Z O�O� F O Z y y y y y h H N �,Ao V] y y N bb❑ b C H y bb C C 'C y H N b0 b b oy ❑ bv) b oy by bN bh b oy b o a w N x M y C C C C C C C C C C C C y C C C C V] i•' C C C C O o C O C C y 0 0 C C O O y 0 O O O p 0 0 0 0 O O O O y 0 0 0 O V i i Z i 7 7 i 7 7 r v .yC+ .yC+ .yC+ ayC+ ayC+ .yC+ .yC+ :t :l 555.25 5 5 55 �5 5555 5 555555 5 5 5 5 O�� xxx ;x �, xx•- xx• -x xxx �x xxxxxxx =x 44 -14 x o 0 0 o 0 o a o 0 0 0 0 0 o w o 0 0 0 0 0 0 0 0 0 0 0 0 Q Q Q Q Q� � y� Q� �¢ U < < U Oa0]HC1zZmcoUZzzFn WUOazzZCg —co GGUmzmoaQQmmcoFaUoaZZoaoazzm m vvv �.'o •ov 'oo -o v'v•o o-o 'cc•ovv'vb b bb b www �w ww-� wwbw www to Wwwwwww - dw ww w x x x U x x x x x x x x x x x x x x x x x x x x x I 0 0 0> 0 d d o 0 a Q d Q 0 0 0 0 d Q Q 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 d Q 0 0 d Q o 5 Z z z z z z z Z z z z z Z N M V N M rt to �o N M It to \o tl- N M V1 �o t- 00 _ N M ct N M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N M O t` o0 00 0 0 0 0 0 0 0 0 O O O 0 0 0 0 00 1 �C �C �C �o 00 00 00 w w w �c �c �o �o �c �o \C O �c O �c �o �c �o �o _M _M M M _M M_ M_ M_ M 00 00 00 00 CS C1 C1 N �D \c �C 10 00 00 00 00 00 00 00 00 00 00 00 00 00 = 00 00 00 00 00 00 00 'o 'o 'o �o 'C 'C 'C 00 00 00 00 00 00 00 00 00 0o C, C, Q\ C� a\ Q, O N N N N N N N N O O O O O O O O O N N N N N N N \VO n Vl yl V'� ut v'� ut Vl n n n n n n ut 2 �C �C �C �C 10 10 - - - - L- t- t1 l� �C �C �D C �C `C `0 _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 = == L- r r — 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O t- t� t- t- t- t- t- t- t- 0 0 0 0 0 0 0 0 O O O O O O O O Cl O O O O O O O O O O O O O O O O `C `o �C �C �o �C 'o �C �o 0 0 0 0 0 0 0 0 C J C U C C V V U U V C O C 7 U U C U C 7 U C C' U C. 7 7 7 C C C C C C3 w o w o Q o Q Q Q o Q o d w w w w o d o Q w w w w Q o w d w w w w w o w w w w w o a>i : oa�> o o ; w ; o ; :o,a5ao:o:5aa.o:5a.o;o:00.5o.0;oaK o5a ; i AGENDA ITEM N0. --J PAGE ?-s OF v w 0 M a z� a W c°v wxo xM Q� a w Ooh U cn cn 0 0 0 V) kn W) W) o O O C! C, � W) W) C O O O O� O� O\ O\ O\ O� O -�t p-�t O M O C S A N N 00 O\ 1* p N 00 v7 C v� N O r 0 O kn N M to It r- O N N N 69 .-- M O 0� O 00 ^ O� pO N 00 n 0, Sv N O N N M W) -,t r- 00 N f- O N r- M p (0\ pp It � (71 N p8 N oc O ^" M V) r- N N Q\ n C, N M 11, v1 59 zzg0000 z b[�bbb C 7 C C C Q :jwwwww 00000.� U 1Uyy {U.�� U 7Uyy ixy � Q Q tUtl U U U U V O Q >. zzaawa,ma,mH 'z Nbbbb N �'wwwww v mm Q¢000000 ¢ zz� z7 O O O O 1 O O O N N N 00 00 l� - M N N �O W) N � N O O O 88 88 0 0 0 O%C 10 O j s v r G V C w 7 � J U � 61J c �?""w aw �w•° > 2 m 0.04 r�acoaa ¢ OM Q vi OW) • 0 -- O 000 N O M 000 Ooa i °'UO �c N t--: ll�_ W0 en 0 O N 00 rn O -- .0 M M N C, • r r i "III 1 `III AGENDA ITEM N0. PAGE 2 OF_,,� 0 a Q vi 7 Lr. • 0 y y S. U x a - U Ooa i °'UO �c � o 7� is � •U - i o i� o rn O AGENDA ITEM N0. PAGE 2 OF_,,� 0 a zs O z V1 w w 0 V z w a U w x H z w H z A z x U �o 0 0 N 0 M w w H a w w 0 0 0 cu /. O ■ ❑ ❑ AGENDA ITEM NO. PAGE_ 42 __OF CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF OCTOBER 31, 2006 Local Agency Investment Fund BANK DEPOSITS OUTSTANG. BOOK ACTIVE ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank of America - General $1,557,303.28 13,846.06 (1,492,552.55) 78,596.79 Reconciling Items 4,441.08 - - 4,441.08 Bank of America - Payroll 138,255.06 - (1,153.51) 137,101.55 Total Active Accounts 1,699,999.42 13,846.06 (1,493,706.06) 220,139.42 Local Agency Investment Fund 25,416,610.87 - - 25,416,610.87 Bank of New York -Trust Sweep Account 2,393,008.17 - - 2,393,008.17 Federal Home Loan Mortgage Corp. 1,000,000.00 - - 1,000,000.00 Federal Home Loan Bank 11,000,000.00 - - 11,000,000.00 Federal National Mortgage Association 1,999,750.00 - - 1,999,750.00 Sub -total Investments 41,809,369.04 - - 41,809,369.04 Unrealized Gain/ (Loss) at 6 -30 -06 per GASB 31 (111,900.00) (111,900.00) Total Investments 41,697,469.04 - - 41,697,469.04 43,397,468.46 13,846.06 (1,493,706.06) 41,917,608.46 Cashier Drawers #1 & #2 300.00 City of Lake Elsinore Petty Cash Fund 1,000.00 TOTAL POOLED CASH AND INVESTMENTS $41,918,908.46 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 27, 2006. 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. /a Matt N. Pressey D to Director of Administrative Sery Prepared by: J. Riley, Finance Manager AGENDA ITEM N0. PAGE ( OF l0 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF OCTOBER 31, 2006 FUND NO FUND NAME AMOUNT 100 General Fund $11,655,511.02 101 Supplemental Law Enforcement Fund 86,998.63 102 Local Law Enforcement Block Grant Fund 5,427.17 103 Office of Traffic Safety Fund 63,904.82 104 Traffic Offender Fund 78,421.89 105 Misc. General Project Fund (1,548,888.95) 106 Affordable Housing In Lieu Fund 785,016.00 107 Developer Agreement Revenue 966,368.48 110 State Gas Tax Fund 1,073,333.90 112 Transportation Fund 881,225.85 115 Traffic Safety Fund 240,628.16 116 City Hall - Public Works DIF Fund 560,475.81 117 Community Center DIF Fund 358,854.44 118 Lake Side Facility DIF Fund 512,146.10 119 Animal Shelter DIF Fund 228,783.23 120 Camino Del Norte DIF 30,000.00 130 Lighting & Landscape Maintenance Fund (574,277.99) 135 #1 Lighting & Landscape Maintenance Fund 4,197.98 140 Geothermal Fund 15,979.24 150 C.D.B.G. Fund (68,110.53) 201 Street C.I.P. Fund 13,124.16 204 Signal C.I.P. Fund 139,802.52 205 Traffic Impact Fee Fund 3,758,102.97 211 Storm Drain C.I.P. Fund 5,798,534.18 221 Park C. 1. P. Fund 2,145,967.14 231 Library C.I.P. Fund 1,075,984.34 232 City Fire Protection Fund 182,727.95 254 AD 89 -1 Railroad Canyon Rd. Improvement Fund 2,467,837.30 257 CFD 90 -2 Tuscany Hills (23,325.00) 259 CFD 90 -3 Construction Fund 93,565.54 266 CFD 2004 -1 Marintiqu 75,504.17 351 AD 87 -2 Debt Service Fund 443,124.49 352 AD 86 -1 Debt Service Fund 88,883.67 353 AD 89 -1 Debt Service Fund 276,388.62 356 AD 90 -1 Debt Service Fund 155,271.07 357 CFD 2003 -2 Canyon Hills 1,164,153.20 358 CFD 91 -2 Debt Service Fund 1,126,798.33 359 CFD 90 -3 Debt Service Fund (13,134.00) 360 AD 93 -1 Debt Service Fund 884,738.18 362 CFD 95 -1(96 Srs.E) Debt Service Fund 199,800.58 363 CFD 88 -3 / 1997 Series F Debt Service Fund 539,045.62 364 CFD 88 -3 III B / 1997 Series B Debt Service Fund (518,946.93) 365 CFD 98 -1 Summerhill Improvement fund (180,560.92) 366 CFD 2004 -1 Debt Service Fund (55,663.71) 367 CFD 2005 -3 Summerly / Laing 34,244.91 368 CFD 2004 -2 Vista Lago 24,049.04 369 CFD 2004 -3 Rosetta Canyon 254,086.43 370 CFD 2005 -x Camino Del Norte 26,247.20 371 CFD 2005 -1 Serenity (2,232.99) 372 CFD 2005 -3 Alberhill Ranch 48,486.26 373 CFD 2005 -5 Wasson Canyon 25,188.01 374 CFD 2005 -4 Lakeview Villas 31,848.03 375 CFD 2005 -1 D. Clurman 30,250.47 376 CFD 2005 -7 La Strada (17,456.70) 377 CFD 2006 -X Tessara 46,389.30 378 CFD 2007 -X TR#31957 53,742.47 379 CFD 2007 -X Marina Village 65,392.94 380 CFD 2006 -9 Tuscany W 65,000.00 381 CFD 2006 -10 River LK 61,250.00 604 Endowment Trust Fund 18,445.28 605 Public Improvement Trust Fund 549,596.33 606 Mobile Source Air Polution Fund 158,275.80 608 Trust Deposit & Pre Paid Expense 1,964,483.06 610 Kangaroo Rat Trust Fund 75.00 611 Developer Agreement Trust Fund 1,240,460.00 616 Fire Station Trust Fund 123,711.77 620 Cost Recovery System Fund 1,653,384.01 650 CFD 2003 -1 Law & Fire Service Fund 270,679.47 651 CFD 2006 -5 Park, OpnSpc (406.35) Total Pooled Cash & Investments $41,918,908.46 AGENDA ITEM NO._.______ PAGE -2- OF /a CITY OF LAKE ELSINORE ANNUAL YEAR -TO -DATE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING OCTOBER 31, 2006 Total outstanding investments as of September 30, 2006 PURCHASE MATURITY COUPON YIELD TO DATE DATE RATE MATURITY Investment Purchases: Total Purchases Investment Maturities: Total Maturities Investments Called: Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Account $ 41,932,746.14 (201,096.45) 77,719.35 Total outstanding investments as of October 31, 2006 $ 41,809,369.04 AGENDA ITEM N0. PAGE--3 OF f D CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF OCTOBER 319 2006 DESCRIPTION CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF OCTOBER 31, 2006 MAXIMUM PERCENTAGE U.S. Treasury Bills 0.00% UNLIMITED U.S. Treasury Notes 0.00% UNLIMITED Federal Agency Issues: FICB 0.00% UNLIMITED FFCB 0.00% UNLIMITED FLB 0.00% UNLIMITED FHLB 26.26% UNLIMITED FNMA 4.79% UNLIMITED FHLMC 2.38% UNLIMITED Banker's Acceptances 0.00% 40.00% Certificates of Deposit 0.00% 25.00% Negotiable Certificates of Deposits 0.00% 30.00% Commercial Paper 0.00% 15.00% Medium Term Corporate Notes 0.00% 30.00% Repurchase Agreements 0.00% UNLIMITED Reverse Repurchase Agreements 0.00% 20.00% LAIF (Local Agency Investment Fund) 60.85% UNLIMITED Current Balance $ 25,416,610.87 Bank of New York - Trust Sweep Account 5.73% UNLIMITED Current Balance $ 2,393,008.17 TOTAL % of Portfolio Maturing within one year % of Portfolio Maturing or Callable within one year 100.00% 78.47% no less than 25 % 97.61% AGENDA ITEM NO. + - PAGE __y OF 10 CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH OCTOBER 2006 (INCEPTION TO DATE) MONTH July 2005 % OF FFCB 0.00% PORTFOLIO BY AGENCY FNMA 0.00% FHLF 0.00% FHLMC 0.00% August 2005 0.00% 0.00% 3.33% 0.00% September 2005 0.00% 6.23% 3.12% 0.00% October 2005 0.00% 14.23% 2.85% 0.00% November 2005 0.00% 18.82% 2.69% 0.00% December 2005 0.00% 22.92% 2.86% 0.00% January 2006 0.00% 20.74% 2.59% 0.00% February 2006 0.00% 21.01% 2.62% 0.00% March 2006 0.00% 20.49% 2.55% 0.00% April 2006 0.00% 20.59% 2.57% 0.00% May 2006 0.00% 19.94% 2.49% 5.02% June 2006 0.00% 24.91% 1.91% 3.85% July 2006 0.00% 25.26% 1.93% 3.90% August 2006 0.00% 28.57% 2.19% 4.41% September 2006 0.00% 26.17% 2.37% 4.77% October 2006 0.00% 26.26% 2.38% 4.79% AVERAGE 0.00% 18.51% 2.40% 1.67% TOTAL % OF PORTFOLIO IN 0.00% 3.33% 9.35% 17.08% 21.51% 25.78% 23.33% 23.63% 23.04% 23.16% 27.45% 30.67% 31.09% 35.17% 33.31% 33.43% 22.58% AGENDA ITEM N0. PAGE= F_ 10 _ O zW N W A M W x � a � o a � O � O H O U � F 0 U a F' d d' 04 w U A' O F a A a � U O .a A � d z 0 O U F R�, W � F F d d A w d U d a A 0 a F Gr, W O � F Ems" z 8 8 8 8 8 8 8 8 0 0 0 0 0 0 0 0 8 8 8 8 8 8 8 g g o o r- r- r- 10 10 10 10 " N N N N NO N vA tz c� o0 00 6 q N N O N M R 00 c m $ -W) 8 8 v It It vi vn vi vi Wi e e s e s & s s CN c � $ ° 8 8 v � v vi vi vi vi vi �p oo O O N O 8 W) h W) W) h 00 00 00 00 00 0o of [- O O O O O O O O 0 0 0 0 0 0 0 0 N N N N N N N N v, t� rn oo ao O ON •7 a O v1 v1 O O O V1 In V1 h h h b 10 N N N O N M a o a a x x x x x x z z W4 w w w w w w w U U V ..fir V N 4 N N 5 V � � 0 5 c C7 C7 ;? C7 C1 � im 7 q CG C7 =3 O O p O O pp O �L O O 0�—A O A 0 o; a d F C F AGENDA ITEM NO. PAGE_6_OF /___ C) __. COO z W z w N a � M W W W x z o a A � 0 � ° h z ° V � � z� F■y W r 00 00 00 00 00 00 00 o r 0 r �o r a o 0 0 0 0 0 0 o O o 0 0 o O N N N N N N N N N N N N N N N Ch h r C, 00 Q\ 00 O N W O\ ON A Z %. N O N O N N N N O O N Z �2 Om Z Z Z %. U A W d W S S S S S S S S S S S S o° Mrl E„� N N N N N N N N N N N N N N N N �n [- O., w O, W O N o0 Q, O, Z' z i1/ 7 •ca F F y O mm O pO m O D O D O O pO c) M m pO O V 00 lc N •• � b tr � O O M 000 8 ' `d W M a W) � � r �c ON 00 � r- 06 r M 0 z� E E W v W 00 S 8$ s s 8 s$ ° 8 8 8 8 A F 0 0 0 0 C C C C r C 0 0 o M E w oMa� lu N N N M 7 � O o u8� 8 A O W V1 b W O O N O O S S In v) Wn In Wn Wn v) b 00 F a w W W bC� s b8� b8s b8� spy ups uO� b8� bC� CIS 0 ar O C14 O 00 v 000 O O N O O �O N m �t O m G F Nry W) It v v v) V) W) kn V) Wn V) v) V) W) C a g � ti N It o �- yC d� > W N x �. U pC = �4 E, Q N z M cn h M m m M tw CIS a T N � p T T C � � F c e c c c '�` '� 1 Z v o A 0+ ao 00 E w as as ca w cu oa C 0 C C C C C h U 0 td td ttl ttl A ttl td , cd td tQ N .w y0 O O O O O O O O O w F a a a W E E E E E E E E E E E E F >„�-. E 0 o O o 0 0 0 o 0 Q z 0 0 F W w v y y 4) cd N N d N N w O v d L N O N N N Cl U o o v o o v o 0 0 0 0 0 o S v Li w w w w w w w w w w '" 'AGENDA ITEM N0. PAGE 2 _.1 1 .W Fey ►w � F� w °P F k O� F� ~ M U ti 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b S O O w w �n o h g FO O A O O N O a O O N V1 N.r r h r r > U U PWy a 09 H M f CQ,) a w N M v v In h h 00 M 0 v 00 00 O M O\ \7-. > i N � v C C O � a v z m O eV w .' CEIV�iA I IE Irv. E. wi Q UR s s 11� E» U F 0 0 p O IO O S S r r M M V7 DD O V oo r M M M M `A G7 W O O� O O O'D O IC! 10 O C r h O h N r N 7 �''? V M h to 00 d' 't 00 00 r N a py �p h h N N O O r M O h w V O O W O r 00 �O llO r lq r h 00 tr, 00 M 7 M 00 00 M U H C, 00 r 00 N 00 00 00 N M N It h h m U M N — N N N N O� Q--� Frp r pr r 00 00 00 00 00 00 00 64 W N N N N N N N N N N N DO .7 Q z z N (7, O N O o0 Q\ U) r D\ 00 (21 O •C 0 O C /. 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PACE �,_OF /_ w .4 O O W O a w a A Ow x s e 00 a, 0 v N O V 10 N r h O W U a 0 0 00 CD F 0 u F F W w w x F" O w Q F °zz8 (f) 00� S � xzw �wP�1 � aFO O p w Q W w 4 0 x A z z w w 0 0 Eli Pw. vFi � O H i z s e 00 a, 0 v N O V 10 N r r & o 0 o o 0 o o 0 0 0 0 0 0 00 CD w 0 0 u g g g O W (f) 00� S a 0 o\ a O, ON ON ON a a pp a ° a y r ao 00 00 00 00 00 0o O r O r ON ON 0 0 N N 0 o O r� 0 0 N N N N N N N N N N N N N p N N y z C' z/, �cc N py oo O Q r z > u C) p O O S S S S O S S S S S aNi v o0 S O S S O 0 O C 06 06 S S S S S S S S S o O eu •� w ,O O O O O oa a a o O O O O 0 0 S S M en 8O ppO 80 80 80 pp0p 80 pp0p 880 S0 pp0p p pp ¢ rr ¢ N O N N N N N N N N N N N N N z u z Off, ool V1 W Q+ N - 00 7, N c x 0 0 0 0 0 o x o o z s° 61k & 00 CD w 0 0 u pN p C� p S S S O W (f) 00� S a 0 y r ao 00 00 00 00 00 0o O r O r r 0 0 0 0 0 0 0 0 0 0 0 0 O O S 0 0 0 0 0 0 0 0 0 o O r� 0 0 N N N N N N N N N N N N p N N y z C' z/, �cc N py D\ h r 0• DD O, N o0 O, Q, oo O Q z > u C) N N O 0 O- O t\ C aNi v G d 0 O rp «D eu •� w w x c ca x x o oa a a o oa ¢ rr ¢ N O N N N N N N N N N N N N N z u z c. N W Q+ N - 00 7, c x 0 0 0 0 0 o x o o z co cc a w w w w -� U m co co w oa m oa w oa w co w ¢¢ O o w w p0 F F a F xxxxxxxxxxx F, z E" x w w V. w u w w V. w w w w w w Q Q cd O ❑ C O L. O cCy ,7, itl N N N O b"�D O �A yw 0 O bq O O v N y a ..+ 'a '.+ O I '.+ O 'a -a 'Y as w 0 w O U A U O U O O v o U > H v y N X y G y o m > > o � _o 'b b O b0 0 w O U F AGENDA ITEM NO. rnn�� �1C w 0 0 u u a a a a a u u a z > u u A d A a aNi v eu •� w w x c ca x x o oa a a o oa o U > H v y N X y G y o m > > o � _o 'b b O b0 0 w O U F AGENDA ITEM NO. rnn�� �1C 8 S S 8 o a 8 8 a w° a a z z z z Z ,z z z Oy0 O U< N N O N Ri lu V V vi 7l d O � z a z z z z z z z z z z O z O O O O O O O O w �J C C F y p U p U (j a d U x F cc m z 7 = 7 [~i ¢ ¢ cN 0 F � U E z CQ 7 O z v) v� n z z Z Z z o 0 w ¢ ca z z O O OD O � � O �D `ai yA AGENDA ITEM NO. U PAGE _Z 2_OF / O aT T � ❑U❑ a z z C T O O G y c c v E o 0 W U a � w ? W ¢ ¢ O w O a s a a a a a a a a << v� U w w . i x x x x x x x x x x x �►�O a >.w °' 3 ti -� wW W Wwu.u.wu.ww ww U F z w d W F d PG oN a4 d h > m ¢ Q U Q A A a A w w w w , x ¢ a w x x x x x x V. X K x U U a W M M M M M M M M-� m M M M ti b h M %v � ti .M-� .M-i .M-i •Mi .M-i M M M M .Mi .M-i .M-I M M M M .M-� M M a M M M M H U W a a a s a w° a a v lu V V vi 7l d O � G 7 ts �J C C F y p U p U (j U d U x x cc m z 7 = 7 [~i ¢ ¢ cN 0 �«. O iN d LO iN tl CQ 7 O 7 M O A CO O O y z i3 iC O O OD O � � O �D `ai yA AGENDA ITEM NO. PAGE _Z 2_OF / O Bank of America - General Reconciling Items Bank of America - Payroll Total Active Accounts CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF NOVEMBER 30, 2006 BANK DEPOSITS BALANCE IN TRANSIT OUTSTANG. BOOK CHECKS BALANCE $1,584,390.46 72,032.06 (905,806.66) 750,615.86 756.48 - - 756.48 14,195.42 - (4,520.31) 9,675.11 1,599,342.36 72,032.06 (910,326.97) 761,047.45 Local Agency Investment Fund 23,916,610.87 - - 23,916,610.87 Bank of New York -Trust Sweep Account 5,531,154.47 - - 5,531,154.47 Federal Home Loan Mortgage Corp. 1,000,000.00 - - 1,000,000.00 Federal Home Loan Bank 10,000,000.00 - - 10,000,000.00 Federal National Mortgage Association - - - - Sub -total Investments 40,447,765.34 - - 40,447,765.34 Unrealized Gain/ (Loss) at 6 -30 -06 per GASB 31 (111,900.00) (111,900.00) Total Investments 40,335,865.34 - - 40,335,865.34 41,935,207.70 72,032.06 (910,326.97) 41,096,912.79 Cashier Drawers #1 & #2 300.00 City of Lake Elsinore Petty Cash Fund 1,000.00 TOTAL POOLED CASH AND INVESTMENTS $41,098,212.79 I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 27, 2006. 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. Pressey to Director of Administrative Servc Prepared by: J. Riley, Finance Manager AGENDA ITT G�c __.. PAC /i CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF NOVEMBER 30, 2006 FUND NO FUND NAME 100 General Fund 101 Supplemental Law Enforcement Fund 102 Local Law Enforcement Block Grant Fund 103 Office of Traffic Safety Fund 104 Traffic Offender Fund 105 Misc. General Project Fund 106 Affordable Housing In Lieu Fund 107 Developer Agreement Revenue 110 State Gas Tax Fund 112 Transportation Fund 115 Traffic Safety Fund 116 City Hall - Public Works DIF Fund 117 Community Center DIF Fund 118 Lake Side Facility DIF Fund 119 Animal Shelter DIF Fund 120 Camino Del Norte DIF 130 Lighting & Landscape Maintenance Fund 135 #1 Lighting & Landscape Maintenance Fund 140 Geothermal Fund 150 C.D.B.G.Fund 201 Street C.I.P. Fund 204 Signal C.I.P. Fund 205 Traffic Impact Fee Fund 211 Storm Drain C.I.P. Fund 221 Park C.I.P. Fund 231 Library C.I.P. Fund 232 City Fire Protection Fund 254 AD 89 -1 Railroad Canyon Rd. Improvement Fund 257 CFD 90 -2 Tuscany Hills 259 CFD 90 -3 Construction Fund 266 CFD 2004 -1 Marintiqu 351 AD 87 -2 Debt Service Fund 352 AD 86 -1 Debt Service Fund 353 AD 89 -1 Debt Service Fund 356 AD 90 -1 Debt Service Fund 357 CFD 2003 -2 Canyon Hills 358 CFD 91 -2 Debt Service Fund 359 CFD 90 -3 Debt Service Fund 360 AD 93 -1 Debt Service Fund 362 CFD 95 -1(96 Srs.E) Debt Service Fund 363 CFD 88 -3 / 1997 Series F Debt Service Fund 364 CFD 88 -3 III B / 1997 Series B Debt Service Fund 365 CFD 98 -1 Summerhill Improvement fund 366 CFD 2004 -1 Debt Service Fund 367 CFD 2005 -3 Summerly / Laing 368 CFD 2004 -2 Vista Lago 369 CFD 2004 -3 Rosetta Canyon 370 CFD 2005 -x Camino Del Norte 371 CFD 2005 -1 Serenity 372 CFD 2005 -3 Alberhill Ranch 373 CFD 2005 -5 Wasson Canyon 374 CFD 2005 -4 Lakeview Villas 375 CFD 2005 -1 D. Clurman 376 CFD 2005 -7 La Strada 377 CFD 2006 -X Tessara 378 CFD 2007 -X TRN31957 379 CFD 2007 -X Marina Village 380 CFD 2006 -9 Tuscany W 381 CFD 2006 -10 River LK 604 Endowment Trust Fund 605 Public Improvement Trust Fund 606 Mobile Source Air Polution Fund 608 Trust Deposit & Pre Paid Expense 610 Kangaroo Rat Trust Fund 611 Developer Agreement Trust Fund 616 Fire Station Trust Fund 620 Cost Recovery System Fund 650 CFD 2003 -1 Law & Fire Service Fund 651 CFD 2006 -5 Park, OpnSpc Total Pooled Cash & Investments AMOUNT $11,381,235.26 86,998.63 5,427.17 64,198.28 81,721.89 (1,613,061.12) 785,016.00 966,368.48 1,060,115.25 901,258.07 240,628.16 579,891.81 371,934.44 530,842.10 237,135.23 30,000.00 (643,028.41) 4,632.54 15,979.24 (81,308.76) 12,602.61 127,511.04 3,254,398.90 5,844,224.72 2,176,932.51 1,069,769.39 199,249.95 2,447,689.91 (23,325.00) 93,565.54 75,504.17 443,124.49 88,883.67 276,388.62 155,166.03 1,163,301.20 1,126,798.33 (13,134.00) 884,738.18 198,985.08 538,230.12 (522,730.61) (185,478.30) (55,663.71) 34,244.91 24,049.04 254,086.43 26,247.20 (2,232.99) 48,486.26 25,188.01 31,848.03 30,250.47 (17,456.70) 46,389.30 52,942.37 65,392.94 65,000.00 60,466.70 18,445.28 496,996.33 158,275.80 1,962,052.06 3,185.00 1,240,460.00 123,711.77 1,697,211.16 270,256.32 $41,098,212.79 AGENDA ITEM N0. PAGE 2 OF PQ CITY OF LAKE ELSINORE ANNUAL YEAR -TO -DATE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING NOVEMBER 309 2006 Total outstanding investments as of October 31, 2006 PURCHASE MATURITY/ COUPON YIELD TO DATE CALL. DATE RATE MATURITY Investment Purchases: Total Purchases Investment Maturities: FHLB 3133XFYY6 Total Maturities Investments Called: FNMA 3136F7ZZ3 FNMA 31359MN66 Total Calls Net increase (decrease) in LAIF Net increase (decrease) in Sweep Accoun 06/29/06 11/29/06 5.400% 5.400% 05/18/06 05/30/06 Total outstanding investments as of November 30, 2006 $ 41,809,369.04 (1,000,000.00) (1,000,000.00) 11/18/06 5.700% 5.700% (1,000,000.00) 11/30/06 5.400% 5.400% (999,750.00) (1,999,750.00) (1,500,000.00) 3,138,146.30 $ 40,447,765.34 AGENDA ITEM NO. PAGE 3 OF 0 CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF NOVEMBER 309 2006 AGENDA ITEM N0. PAGE q OF Q? CURRENT PERCENTAGE BASED ON MARKET VALUE MAXIMUM DESCRIPTION AS OF NOVEMBER 30, 2006 PERCENTAGE U.S. Treasury Bills 0.00% UNLIMITED U.S. Treasury Notes 0.00% UNLIMITED Federal Agency Issues: FICB 0.00% UNLIMITED FFCB 0.00% UNLIMITED FLB 0.00% UNLIMITED FHLB 24.69% UNLIMITED FNMA 0.00% UNLIMITED FHLMC 2.46% UNLIMITED Banker's Acceptances 0.00% 40.00% Certificates of Deposit 0.00% 25.00% Negotiable Certificates of Deposits 0.00% 30.00% Commercial Paper 0.00% 15.00% Medium Term Corporate Notes 0.00% 30.00% Repurchase Agreements 0.00% UNLIMITED Reverse Repurchase Agreements 0.00% 20.00% LAIF (Local Agency Investment Fund) 59.17% UNLIMITED Current Balance $ 23,916,610.87 Bank of New York - Trust Sweep Account 13.68% UNLIMITED Current Balance $ 5,531,154.47 TOTAL 100.00% % of Portfolio Maturing within one year 82.70% no less than 25% % of Portfolio Maturing or Callable within one year 97.53% AGENDA ITEM N0. PAGE q OF Q? CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES JULY 2005 THROUGH NOVEMBER 2006 (INCEPTION TO DATE) AGENDA ITEM N0. PAGE S OF L® TOTAL % OF % OF PORTFOLIO BY AGENCY PORTFOLIO IN MONTH July 2005 FFCB 0.00% FHLB 0.00% FHLMC 0.00% FNMA 0.00% FEDERAL AGENCIES 0.00% August 2005 0.00% 0.00% 3.33% 0.00% 3.33% September 2005 0.00% 6.23% 3.12% 0.00% 9.35% October 2005 0.00% 14.23% 2.85% 0.00% 17.08% November 2005 0.00% 18.82% 2.69% 0.00% 21.51% December 2005 0.00% 22.92% 2.86% 0.00% 25.78% January 2006 0.00% 20.74% 2.59% 0.00% 23.33% February 2006 0.00% 21.01% 2.62% 0.00% 23.63% March 2006 0.00% 20.49% 2.55% 0.00% 23.04% April 2006 0.00% 20.59% 2.57% 0.00% 23.16% May 2006 0.00% 19.94% 2.49% 5.02% 27.45% June 2006 0.00% 24.91% 1.91% 3.85% 30.67% July 2006 0.00% 25.26% 1.93% 3.90% 31.09% August 2006 0.00% 28.57% 2.19% 4.41% 35.17% September 2006 0.00% 26.17% 2.37% 4.77% 33.31% October 2006 0.00% 26.26% 2.38% 4.79% 33.43% November 2006 0.00% 24.69% 2.46% 0.00% 27.15% AVERAGE 0.00% 18.87% 2.41% 1.57% 22.85% AGENDA ITEM N0. PAGE S OF L® AGENDA ITEM NO._ PAGE _�-___--OF %— — _ o g o g g g g F g SQ o o S 5g� Qg n o b 0 a F N ° N ° ° a R O O O C7, 00 O F O a a a --!� U WQ OF A 00 pip 0M0 pp� O pp� O N � a a M x a 00 v 4 a W� s V' LIR s wn s a � V A vl a a U W y O O a � w x W F H C) O o o N O O O 0 O 0 N a O 0 O w O 0 N N O 0 O 00 O o N N o 0 O C) O O N a O o o 0 O 0 O o N N 0 o U N ^ F1 N N N N ^ N In N N l- N N O+ O N 00 N IW+ QI O F w oW a H z � w w w w w w w z U U U EI z U m V cl) U N w R U AGENDA ITEM NO._ PAGE _�-___--OF %— — _ o_ O ° F 0 a w a A x s � N �. y ° W O V a 00 F S �. , �p F �^ W W w w Q ab F W z a M V o0 0o OG (n e 8 8 pp 00 N c p O O O O w Q �7r F 7 W °WZ aF ►F.i � ° a A U a z 0 0 0 0$ 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 ww 0 SS F a N 00 0o R d' s � N �. 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O z W c a z N n � � M a � a W � � �i i•-i W ►tea A O o�z F z ° U � d F W z 1-1 W r 00 00 00 00 00 00 00 �o r r 0 0 0 0 0 o O o 0 0 0 Q d N N N N N N N N N N N z 'Z ^-� N O N N N N N O N rte' O O O O O O O O tt F Q Q Q d d N \ O N z z z z z z z c U ci C N N W v� v) Wn In vi �n �n W) o 0 0 Q W S S S S S S S S S S S ►r1 E„� N N N N N N N N N N N a 00 M M p(i W N O h S o oMO oro oMO N o r W f� M 00 C, ON N N N N N N N N N 0-4 W p p p Q U N 69 C F E-4y s 8s psO 8� s8� s 8s 8� s S� In N W C fV O in a 0 s� C N S 8 HA4 h v a e t e W) h W) tn W) to tn z 8 N O M 00 r M N h r N �n M cn ai U A A Q A Q w w w w G D\ 00 M M t�n M M M M M M M ti r o 7,y cn M M M M M M M M M M M C O N T C w � d � Y o � U v 7 � � w T brC9 w z ca oo as co oa as ca as r� ca o W ti G C G G C G G G G G C ""' v � cd cV id ca cd � R ctl cd cd ed .� T v o E 8 E E E E E E E 0 E F 0 0 0 0 0 0 0 0 0 0 � w V W Q ai .a w w w w w w w w w w w w G C c7 U w v E U A v a N c�tl 7 Q' F AGENDA ITEM NO._5 PAGE / 0 OF 0 _ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: January 23, 2007 SUBJECT: CLAIMS AGAINST THE CITY BACKGROUND Claims filed against the Cityof 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 claims have been recommended for rejection by Carl Warren & Company: CL 42006 -27 — Jose Prado CL #2006 -28 — Craig Insurance Services on behalf of Juan Navarrete CL #2006 -29 — Helena Stepniak FISCAL IMPACT None. • RECOMMENDATION Reject the claims listed above and direct the City Clerk to send a letter informing the claimants of this decision. AGENDA ITEM PAGE___�._ -- - ®�� REPORT TO CITY COUNCIL JANUARY 23, 2007 PREPARED REVIEWED BY: FREDERICIOf6Y, CMC, CITY CLERK APPROVED FOI AGENDA BY: AGENDA ITEM NO. PACE-2--_OF January 2, 2007 RECEIVED TO: The City of Lake Elisinore ATTENTION: Frederick Ray, Risk Management, Human Resources RE: Claim Claimant D/Event Rec'd Y /Office Our File JAN 0 5 2007 CITY CLERKS OFFICE Prado v Lake Elsinore - Jose Prado 11/16/06 12/11/06 1442840 DBM We have reviewed the above captioned claim and request that you take the action indicated 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, CAYoeen N & COMPANY De L , , me, CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 Phone: (714) 572 -5200 • (800) 572 -6900 • Fax: (714) 961 -8131 AGENDA ITEM PACE_�OF CITY OF � LADE LSINORX DREAM EXTREME December 11, 2006 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on 2006 from Jose Prado (CL #2006 -27). Please appropriate City Council Action. For further assistance, please con 51 262. Sincerely, FREDERICK RAY CITY OF LAKE E➢ Enclosure cc: City Manager 951.674.3124 130 S. MAIN STREET LAKE ELSINORE. CA 92530 W W W. LAKE -E LS INORE.ORG 4dENDA ITEM NO.�i CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) Received y: Represen RECEIVED DEC 1 1 2006 CITY CLERKS OFFICE (Time/Date Received) A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident ore event occurred. Be sure your claim is against the City of Lake Elsinore, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number Completed claims must be mailed or delivered to the City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California; 02530. TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY ,OF LAKE ELSINORE, CALIFORNIA: The undersigned respectfully submits the following claim and information relative to damage to persons andlor.personal property: / 1. NAME OF CLAIMANT o11 d a. Address of OCIa' b... • Phone No. c.:Date of Both d. - Social Sec e.. _ Drivers Lic. No. 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: 3. Occurrence or event from which this .claim arises: a. Date A ('O O 1b. Time 36 C. Place (Exact qAd specific location), d. How and er what circumstances rd damage or ' jury occur? Specify the pa act or omVi on you claim caused the injury or damage (use additional.paper if r --r w a S b eha v,.d' e. What particular a J btqY+ halter ,tionby.the City of its-employees, S Y1(a -may 1 I M A C ,A i c7t.4,26" alleged damage c, occurrence, event, Y)• 11 �onst�u�i � � e PIC r1a4e, r PAGE,,,�0Fa..L%ti 4. Were there any injuries at the time of this accident? If not, state: "No injuries ". 5. Give the name(s) of the City employee(s) causing the damage or injury: 6. Name and address of any person injured: 7. Hamel address of the owner of any damaged property: 8. Damages claimed: a. Amount claimed as of this date $ 3 c b. Estimated amount of future costs $: C. Total amount claimed d. Basis.. for computation of amounts.cla ed (Include copies of all bills, invoices, estimates, etc): 9. Names and addresses of all witnesses, hospitals, doctors, etc: a. . b. C. 10. Any additional information.that might be helpful in considering this claim: WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal code 72/Insurance Code 556.1) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing Vj RgQAND CORRECT. SIGNED THI A- -1 RUN. 20—tAT CALIFORNIA. AGENDA ITEM NO. PAGE OF January 4, 2007 RECEIVED JAN 0 9 2007 CITY CLERKS OFFICE TO: The City of Lake Elsinore ATTENTION: Frederick Ray, Risk Manager RE: Claim Craig Insurance Services (SUBRO: NAVARRETE) vs. The City of Lake Elsinore Claimant Craig Insurance Services (SUBRO: NAVARRETE) D/Event 6/28/2006 Rec'd Y /Office 12/27/2006 Our File S- 1432005 -CKQ We have received and reviewed the above claim and request that you take the action indicated 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 r Ric D. Marque cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 Phone: (714) 572 -5200 - (800) 572 -6900 - Fax: (714) 961 -8131 AGEWA ITEM NCO.— ,�,_.r. PAGE- CITY 01 LADE �LSINORE DREAM EXTREME 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92S30 W 1N W. LAKE - E LS I N O RE.O RG December 27, 2006 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on December 27, 2006 from Craig Insurance Services (CL #2006 -28). Please keep me advised of appropriate City Council Action. -..■■■ For further assistance, please contact 262. Sincerely, RE ERIC Y, CITY OF L E DEC 21 '06 14:45 FR ^TY OF LAKE ELSINORE909 674 2392 TO ^X48072617 P.02iO3 CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or P onal Property) Received by: City Representative IV E CITY CLERKS OFFICE (Time/Date Received) A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident ore event occurred. Be sure your claim is against the City of Lake Elsinore, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number Completed claims must be.mailed or delivered to the City Clerk, City of Lake llsinore, 130 South Main Street, Lake Elsinore, California, 92530. TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA: The undersigned respectfully submits the following claim and infonaiation relatt to damage to persons and/or personal propem :crcii TS LDn � Hui' ' of U+ ;n� ai1 wre� 4a v �d� - 1. NAME 9F CLAIMANT Li,G Vl �''� A. Address of Claimant b. Phone No. e. Date of Birth d. Social Security No. e. Drivers Lie. No ANINOW 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: C seru;ceS `'05C� T FL 32x203 3. Occurrence or event from which this claim arises: a. Date (0 `C`) G b. Time c. Place {Exact and specific location)_ CJI eOu.c o /1 4 �)r rA 'Ta S3 v d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you Claim caused the injury or damage (use additional paper if necessary). Cei LQ 4o .CQCiour r2o an y. /is,fe `�Re ,, Ue-hfr t.t? 6iiS -4-o _ /gGc - LA D 13 eCr-ict3e _ /Q oetd c% s e7 o OIL— C. What particular action by the City of its employees, caused the alleged damage or injury? I" f re-te 4,o G /\ G ► S ce-_ �® Ci AGENDA ITEM NO. �„0_..� DEC 21 '06 14:45 FR ^TY OF LAKE ELSINORE909 674 2392 TO ^' 48072617 P. 03/03 4. Were there any injuries at the thne of this jaccident7 If not, state "No injuries". V/A 4 fn Lt, tit e S CeL l / 5. Give the name(s) of the-City employees) causing the damage or injury: 0� r� 6. Name and address of any person injured: - // A- 7. Name and address of the owner of any damaged property: ytn I CJi✓. own ecal {9 ac rl ,► LJq Cfe4p, 8. Damages claimed: " ° " ---7�- a. Amount claimed as of this date .124 b. �aa.`75 b. Estimated amount of future costs S C. Total amount claimed d. Basis for computation of amounts claimed (Include copies of al ills, invoices, estimates, etc): 9. Names and addresses of all witnesses, hospitals, doctors, etc: a. C. 10. Any additional information that might be helpful in considering this claim: WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal code 72/insurance Code 556,1) 1 have read the matters and statements made in the above claim and 1 know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, 1 believe the same to be true. I certi under p nRhy r perjury that the foregoing is TRUE AND CORRECT. � SIGNED THIS 6 -A DAY OF- ryk e ,20 i ,AT C �� CLAIMANT' ( [/ SIGNATURE 7 /? 1 /l / ieA4 o Vl�lt�n It %C�1CL°i Ca L,4-o CCxc Z , (-, e r PA C 6 l rte► AGENDA ITEM NO. 441 0�) ** TOTAL PAGE.03 ** January 4, 2007 TO: The City of Lake Elsinore ATTENTION: Frederick Ray, Risk Manager RE: Claim Claimant D/Event Rec'd Y /Office Our File RECEIVED JAN 10 2007 CITY CLERKS OFFICE Stepniak vs. The City of Lake Elsinore Helena Stepniak 8/21/2006 12/27/2006 S- 1443656 -CKQ We have received and reviewed the above claim and request that you take the action indicated 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 Marque cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180 - Santa Ana, Ca 92799 -5180 Phone: (714) 572 -5200 • (800) 572 -6900 • Fax: (714) 961 -8131 AGENDA ITEM NO, Ali PACE ®Ew� CITY OF AW LADE LSIf10R E - - -'� DREAM EXTREME January 5, 2007 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: For further assistance, please 262. A Sincerely, CITY OF 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 W W W. LAKE -E LS I NORE.ORG PACE 1 2 OF CITY OF ��� LADE , LSINOK - -� DREAM EXTREME December 28, 2006 Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Enclosed for your handling is a claim received on December 27, 2006 from Craig Insurance Services (CL #2006 -29). Please keep me advised of appropriate City Council Action. For further assistance, please contact me 262. FREDERICK CITY OF LAl 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 W W W.LAKE -E LS INORE.ORG AGENDA ITEM NO. l mr,E__\�3 of CLAIM AGAINST THE (For Damages to Pers�has or I Received by: OF LAErE ELSINORE Property) a G624 OFFICE A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident-ore event occurred. Be sure your Claim is against the City of Lake Elsinore, not another public entity. Where space is insufficient, please use additional paper and identify Information by paragraph number Completed claims must be mailed or delivered to the City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California, 92530. TO THE HONORABLE MAYOR AND CITY COUNCIL, CYTY OF LAKE ELSINORE, CAL' FORMA: Thee undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property. 1. NAME OF CLAIMANT a. Address of Claimant b. Phone No. ( e. d. Social Security No 0. Date of Huth Drivers Lie, No. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: Occurrence or event from which this claim arises: C� a. Date . 2.1 = _ b. Time Place (Exact and speclflc location) :Iwff S L M (A- LQICP S+ a'i1 LAkpS�CIo*ve Or. in -W)P- C ► r IAMCP LS d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper ifnecessary). P kease QVK-J A fX e.A�� what particular action by the City of its employees, caused the alleged damage or. injury? ac A AGENDA ITEM NO._ / .. 4. Were there any injuries at the time of this accident? If not, -state "No injuries ". 5. Give the name(s) of the City employee(s) causing the damage or injury: V t j K4U W ud 0-T y-41 6. Name and address of any person injured: 7. Name and address of the owner of any 81 Damages claimed:. a. Amount claimed as of this date $ b. Estimated amount offuture costs C, Total amount claimed $ Q ev M 1AXIDr) d. Basis fbr computation of amounts claimed (Include copies of all bills, -invoices, estimates, etc): 9. Names and addresses of all witnesses, hospitals, doctors, etc: a. 1�y__�_2 SCP ter id e(\ f: P-�- 4 1VS* QrE7 b. C. 10. Any additional information that might be helpful in considering this claim: WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal code 72/Insurance Code 556.1) I have read the matters and statements made in the above claim and I know the same to be true of my own lmowledge, except as to those matters state: upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT, SIGNED THIS DAY OF �ta't r'��,I�t .20C L AT .CALIFORNIA. CLAIMANT'S SIGNATURE:_ � Pazf-N,f:� k_ Re [if VA ckvv AGENDA ITEM N0._ — PAGE, _=— — E Ate.. • • • • w k 71511% 5. Give the name(s) of the City employee(s) causing the damage or injury: V t j K4U W ud 0-T y-41 6. Name and address of any person injured: 7. Name and address of the owner of any 81 Damages claimed:. a. Amount claimed as of this date $ b. Estimated amount offuture costs C, Total amount claimed $ Q ev M 1AXIDr) d. Basis fbr computation of amounts claimed (Include copies of all bills, -invoices, estimates, etc): 9. Names and addresses of all witnesses, hospitals, doctors, etc: a. 1�y__�_2 SCP ter id e(\ f: P-�- 4 1VS* QrE7 b. C. 10. Any additional information that might be helpful in considering this claim: WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal code 72/Insurance Code 556.1) I have read the matters and statements made in the above claim and I know the same to be true of my own lmowledge, except as to those matters state: upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT, SIGNED THIS DAY OF �ta't r'��,I�t .20C L AT .CALIFORNIA. CLAIMANT'S SIGNATURE:_ � Pazf-N,f:� k_ Re [if VA ckvv AGENDA ITEM N0._ — PAGE, _=— — E 3. (d) How and under what circumstances did injury occur? On 8/21/06 at approximately 1:18 p.m. Helena and Marian Stepniak, husband and wife, were traveling in their automobile and came to the intersection of Lakeshore Dr. and Lake St. in the city of Lake Elsinore. The driver, Marian, stopped at the red light and checked to see if it was safe to make a right turn. As he began to make his turn he was struck in the driver side door by a another automobile traveling through the intersection. Additional information contained in Collision Report # L06233031. Collision Report was written by Officer Larsen badge number 3802 of the Lake Elsinore Police Department. AGENDA ITEM N®. PAGE \(_ OF_ — A_ 9. Hospitals Date of first visit: 8/23/06 Hospital name: Rancho Springs Medical Center Hospital address: 25500 Medical Center Dr., Murrieta, CA 92562 Hospital phone: 951- 696 -6000 Date of first visit: 8/23/06 Hospital name: Riverside County Regional Medical Center Hospital address: 26520 Cactus Ave., Moreno Valley, CA 92555 Hospital phone: 951- 486 -5300 AGENDA ITEM NO._� CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JANUARY 23, 2007 SUBJECT: JANITORIAL MAINTENANCE CONTRACT BACKGROUND On March 14, 2006 the Lake Elsinore City Council awarded a contract to Merchants Building Maintenance Company for Janitorial Services for City Buildings. The contract allows for termination based on sixty (60) day notice of termination DISCUSSION Staff has been dissatisfied with the level of janitorial service being provided by Merchants Building Maintenance Company. Staff has communicated our dissatisfaction to the contractor through e -mails and phone calls. The contractor has failed to improve services despite these requests. The agreement between the City of Lake Elsinore and Merchants Building Maintenance, Section 6 titled "Termination" explains that the City may terminate the agreement without cause upon sixty (60) days written notice of termination. Therefore, staff wishes to terminate the agreement pursuant to section 6 of the agreement. Staff then wishes to enter into a one (1) year contract with the next lowest bidder, Environmental Cleaning Services, commencing April 1, 2007 with a renewable contract extendable in one (1) year increments up to three years, with approval by the City Manager. A REPORT TO CITY COUNCIL JANUARY 23, 2007 ' PAGE 3 PREPARED BY: `Jj�- �, l WILLIAM L. PA' APPROVED FOR AGENDA BY: DAVE APPROVED FOR AGENDA BY: R i DIRECTOR O WORKS MANAGER T A. BRADY, ,CITY MANAGER SERVICES TO: FROM: DATE: SUBJECT: BACKGROUND CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER MARCH 14, 2006 AWARD OF CONTRACT - JANITORIAL MAINTENANCE Recently, public notice was given that sealed bids would be received by the City of Lake Elsinore for janitorial maintenance. Bids were publicly opened, examined and declared on December 20, 2005. DISCUSSION Bidders were asked to submit an annual cost to provide janitorial services as described in the performance requirements included in the bid package (a copy of the bid package is included in this report). The scope of the work includes janitorial maintenance of City owned buildings including City Hall, Public Works Yard, Senior Center, Centennial Station, Cultural Center, Community Center, Lake Operations Trailer, Tiny Tot Facility, and City Hall Trailer. As part of the bid process, staff conducted a facility tour with all contractors who pulled bid packages. The purpose of the tour was to visit each facility and to answer questions regarding performance requirements. Three bids were submitted and are as follows: Company Bid A & A Janitorial Services $63,000 Environmental Cleaning Solutions $51,540 Merchants Building Maintenance $44,664 AGEE 7: 14- ITEM E PLO. REPORT TO CITY COUNCIL MARCH 14, 2006 PAGE 2 RECOMMENDATION It is staff's recommendation that the Mayor and City Council approve auction sale of the equipment described in this report. PREPARED BY: WILLIAM L. P YNE, APPROVED BY: C WORKS MANAGER . SAPP, DIRE&(5k'OF COMMUNITY SERVICES AGENDA APPROVED FOR � VA4 GER'S OFFI ACIENDA 17EM ran. PACZ ' tOF AGREEMENT FOR JOB ORDER CONTRACTOR/ NON - PROFESSIONAL SERVICES This Agreement for Job Order Job Order Contractor/Non- Professional Services (the "Agreement") is made and entered into as of the 1,& day of hl•Ag c hF , 2006, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Merchants Building Maintenance ( "Contractor "). RECITALS A. Contractor is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Contractor to render the services and related work as set forth in this Agreement. AGREEMENT Scope of Services. a. Contractor shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time and in such manner as to minimize inconvenience and potential hazards to the City and the public. b. Contractor shall furnish all necessary tools, equipment and vehicles at Contractor's sole expense. C. Contractor shall provide the City with at least two (2) contact telephone numbers that can be called by City when emergency maintenance conditions occur. Contractor shall provide a maximum of one -hour personnel response time upon notification. d. Contractor shall require each of its employees and subcontractors to adhere to basic Public Works standards of working attire which shall include basic uniforms, proper shoes and other equipment and gear as is required by State of California workplace safety regulations. Shirts shall be worn at all times, buttoned and tucked in. e. Contractor shall display the organization or firm name on all of its vehicles. Such display shall be legible from a distance to one - hundred (100) feet. In addition, Contractor shall, at its sole cost and expense, display directly below the organization or firm name, a magnetic sticker with the following message: "Under contract with the City of Lake Elsinore," a sample of which shall be provided by City. F .�`�'� ----- M — Contract /Agreement No. 1896 2. Time of Performance. The services of Contractor are to commence upon execution of this Agreement and shall continue for a period of one year and may be extended for two consecutive one- year extensions upon the approval of the City Manager, subject to the review of the City Council. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall submit monthly billings to City describing the work performed during the preceding month. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than 45 days after approval of the monthly invoice by City staff. 5. Extra Work. At any time during the term of this Agreement, City requests that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager or his/her designee unless such work is verbally requested in conjunction with an emergency maintenance request. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6. Termination. This Agreement may be terminated by the City or Contractor for cause upon thirty (15) days' written notice of termination. This contract may be terminated by the City without cause upon sixty (60) days written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. 7. Reserved. 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is N PA'v - er s l[Jll practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in- interest. 9. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to any such rights. 10. Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. 11. Ability of Contractor. City has relied upon the experience and training of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractor in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor, including but not limited to, a City business license. 14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees, and agents free and harmless from any liability whatsoever, including wrongful death, based or asserted upon act or omission of the Agreementor, its employees, subcontractors, and agents relating to or in anyway connected with the accomplishment of the work or performance of service under this Agreement. As part of the foregoing indemnity, the Agreementor agrees to protect and defend at Contractor's own expense, including attorney fees, the City, its offices, agents, and employees in any legal action based upon any such alleged acts or omission. 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liabilily Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Agreementor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Contractual Liabilfty Coverage. Contractor shall maintain contractual liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's operations under this Agreement, whether such operations by the Agreementor or by its employees or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Bests rating of no less than ANII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Agreementor, including materials, parts or equipment furnished in connection with such work or operations. 4 ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self - insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self - insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein, unless such insurance, endorsements and/or certificates are otherwise waived by the Director of Administrative Services. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Merchants Building Maintenance Attn: AnQeA IM 2q _19RS IAY. tNO + f POMO V1 ti C- /V g176? 5 AG VA NO. Fry pp!! F �F `w: ,. rYi"�sw 3 Wi. v. i'�s'�.� :� 0 3 B Ls�9 �. ,� P „� ” � �� 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor and the subcontractors listed in Exhibit D. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Agreementor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either parry to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each parry shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each parry warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any shall have any financial or other person interest, direct or indirect, in this Agreement, or obtain any present or anticipated benefit arising therefrom. 28. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY PF LAKE SWORE: ty Manager ATTES City Clerk A RO ED A O eVf Attorney 7 LL i ITErA No. �. Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance Exhibit D - List of Subcontractors ITEMI EXHIBIT "A" SCOPE OF SERVICES SPECIFICATIONS The following specifications describe the work that will be required by the contractor for all City facilities. SPECIFICATIONS FOR LAKE ELSINORE FACILITIES All Locations Daily Service (Performed Sunday through Thursday between 1OPM and 7AM : Vacuum all carpeted areas Thoroughly vacuum upholstered furniture Sweep and damp mop all hard surface floors Spot clean all carpets Clean and sanitize all bathrooms Restock all paper products, soap and deodorant Empty and replace liners in all trash containers Carry trash and recyclables to pick up area, load and start dishwasher located in City Hall Break Room Spot clean doors, door frames, and counters Clean Door Glass Dust all picture frames and clean glass Dust window blinds Spot clean around wall switches Clean and polish drinking fountains Dust desk tops, chairs, and all other office furniture Dust desk accessories Clean glass desk tops Dust all file cabinets, counters, etc. Properly position furniture in offices Maintain Janitorial Closet Check and lock all doors and windows upon completion of work Set building alarm at building with burglar alarms Monthly Service: Machine scrub and reapply finish to all hard surface floors Clean all windows inside only Clean vents in ceiling General • Floor mats will be vacuumed if needed. The City will look into hiring a separate company to provide a scheduled floor mat service. • All blue recycle bins located inside our buildings are to be emptied every day. These bins are to be emptied into the larger bins identified as recycle bins located outside of the building. All buildings have blue recycle bins located inside for use. Not all buildings have the larger bins outside for dumping recyclables. For building without the outside recyclable bin maintenance staff are to remove the recyclables and dispose of it at a facility with outside recyclable bins. • Spot cleaning of carpet is to be completed nightly. Full carpet cleaning service will be performed as an extra when requested and quoted separately. The City has the option to use a carpet cleaning A�E� ir. company other than the company performing our janitorial work. • The City will be billed at a pre determined hourly rate for clean up after special events that require an increased level of service. City Hall • The stairway located outside the back door of the City Managers office is to be swept nightly. • The glass display cases located on the front outside wall adjacent to the entry door is to be cleaned daily. • The computer room is not to be included for cleaning. Public Works Yard • Showers are to be cleaned daily. Senior Center • Bidders are to include the cost to clean the pantry storage area on a daily basis. If the cleaning of the pantry is to be reduced to a less frequent cleaning, there will be no downward adjustment of the cleaning costs for the facility. • The two small 30 gallon (estimate) trash cans located outside the building are to be emptied daily. • On occasion empty card board boxes are left outside of the pantry area for disposal. These card board boxes are to be thrown away into the large trash bin located behind the facility. If the bin is full the card board boxes are to be thrown away in a trash bin located at another City facility. • All refrigerators outside surfaces, sinks, and counter tops located in the kitchen are to be cleaned daily. • Dusting of cobwebs located along the top of walls at the ceiling seam is to be performed monthly. • The audio room is to be cleaned daily. • All upholstered chairs are to be vacuumed as needed to keep a clean appearance • City Council meetings are held the 2nd and 40' Tuesdays of each month. The meetings start at 7PM and usually end by Midnight. If a City Council Meeting runs late and is in progress no cleaning is to take place during the meeting. Cleaning is to be completed following the completion of the meeting. Cleaning is not to be cancelled. Tiny To • It is understood that this location is identified as the Tiny Tot Facility however cleaning is to include both the Tiny Tot area and the Planet Youth area. • The storage closet is not to be cleaning. Community Center • In addition to the items listed on page 29 of the bid specifications a maintenance check list was given to each of you by Maureen Foster Davis who is the Facility Supervisor. The items on this list are to be completed as requested at no additional cost. • The gym floor is to be wet mopped daily and spot cleaned with a light degreaser as need. • When the hard surface floors are machine scrubbed monthly, all base boards are to be cleaned. This includes the gym floor and base boards as well as all other hard surface floors and base boards. • Dusting of cobwebs located along the top of walls at the ceiling seam is to be performed monthly. • Storage rooms are not to be included for cleaning. • The 33 gallon (estimate) trash can located outside the building is to be emptied daily. • The stairway and upstairs offices are to be cleaned once a week. Supplies Contractor shall provide all cleaning supplies. Items listed below are eligible for reimbursement from the City. Supplies approved for reimbursement will be compensated at cost, unless both parties agree to a stocking fee. An itemized invoice showing quantities and unit costs of supplies purchased for city use shall be submitted to the city for reimbursement of supply costs. Supplies eligible for reimbursement are limited to the following items:. Toilet tissue, Multifold hand towels, Roll hand towels, Trash liners, Toilet seat covers, Hand soap, and Specialty items requested by the city that have been agreed to as reimbursable N FLA ED EXHIBIT `B" SCHEDULE OF CHARGES The contractor will be compensated one twelve of the annual cost for each facility listed below on a monthly basis for work described in Exhibit A. ITEM DESCRIPTION 1. City Hall 130 South Main Street 2. Public Works Yard 521 North Langstaff Street 3. Senior Center 420 East Lakeshore Drive 4. Centennial Station 132 West Graham 5. Cultural Center 183 North Main Street 6. Community Center 310 West Graham 7. Lake Operations Trailer 500A Lakeshore Drive 8. Tiny Tot Facility 400 W. Graham Avenue 9. City Hall Trailer 130 S. Main Street Square Feet 10,000 2,119 1,215 4,236 6,000 567 4,800 ANNUAL COST $10,356 $ 3,516 $ 8,448 $ 3,312 $ 4,776 $ 732 $ 5,136 480 Included in City Hall Price Extra Work - Any work performed outside of the daily cleaning described in Exhibit A will be billed on a time and material basis. The hourly rate per person will be $14.25 with a four hour minimum charge. Extra work includes cleanup following special events held at a City Facility. EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California Executed on this day of M W �} r 7`? VA"'z � C— California. o 4ractor PA(,- "' EXHIBIT "D" LIST OF SUBCONTRACTORS [INSERT] PAC--- aQ CITY OF LADE DLSINORE DREAM EXTREME January 3, 2007 Mr. Fabrice Vuillemey Environmental Cleaning Solutions 23885 Corinth Drive Murrieta, CA 92562 RE: Cleaning Services for City of Lake Elsinore Dear Mr. Vuillemey, In December of 2005 you submitted a proposal to clean City Facilities for an annual fee of $51,540: I have attached a copy of your proposal for your review. Would you be willing to honor your proposal, commencing April 1, 2007, if the City was to offer you an annual service agreement renewable 'up to two years based on performance? I can be contacted at-951-674-5170. cere William Payne Public Works Manager 951.674.3124 130 S. MAIN STREET LAKE ELSINORE. CA 92530 W W W.LAKE -ELS INORE.ORG ♦ GL Contractors Reference Check Contractor - Environmental Cleaning Solutions Reference - Davita Name of Reference Contact Interviewed- Debbie Phone Number of Reference Interviewed- (909)625 -0339 Date of Interview -1 -12 -2007 Reference Interview Question and Answers: How long have you been using the Company? 8 Years What Services are provided? The basic office cleaning, floors, trash. On a scale of I to 10 how would you rate the quality of service with 10 being excellent? 0 On a scale of I to 10 how would you rate their customer services with 10 being excellent? 6 or 7 On a scale of I to 10 how would you rate the overall satisfaction with the company? 6 or 7 Any comments regarding this company that you would like to share? Fabrice is a wonderful man! kfZ% ;l ITEFV1 P,'O. -q____ Contractors Reference Check Contractor - Environmental Cleaning Solutions Reference — Winner -Baird Management Name of Reference Contact Interviewed -Gene Hill Phone Number of Reference Interviewed- 951- 852 -1546 Date of Interview - January 12, 2007 Reference Interview Question and Answers: How long have you been using the Company? Longer than S years What Services are provided? Full Service Cleaning Maintenance including the carpets on 6 Large Medical Building. On a scale of 1 to 10 how would you rate the quality of service with 10 being excellent? Z On a scale of I to 10 how would you rate their customer services with 10 being excellent? 10 On a scale of 1 to 10 how would you rate the overall satisfaction with the company? 10 Any comments regarding this company that you would like to share? The response time is excellent! On call service awesome! AG'END.A ITEM NO. LL Contractors Reference Check Contractor: Environmental Cleaning Solutions Reference: City of Murrieta Name of Reference Contact Interviewed: Nancy Driggers Phone Number of Reference Interviewed: 951- 461 -6008 Date of Interview: January 17, 2007 Reference Interview Question and Answers: How long have you been using the Company? October 2004 - current What Services are provided? Basic cleaning services. On a scale of I to 10 how would you rate the quality of service with 10 being excellent? 5 On a scale of I to 10 how would you rate their customer services with 10 being excellent? On a scale of 1 to 10 how would you rate the overall satisfaction with the company? 5 Any comments regarding this company that you would like to share? AGE d A ITEM W. 7q ENVIRONMENTAL CLEAN ING SOLUTIONS AND SERVICES, INC. Fabrice Vu///emey 23995 Corinth Drive - Muir /eta, CA 92562 Phone (951) 677 -0192 Cell Phone (951) 852 -4129 JANITORIAL PROPOSAL AND AGREEMENT For CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 Tuesday, December 20, 2005 AG fig' s ITEM NO. PA S _--V o uE L'Q. - ro y A K m O rA "C <D A A Oi K O C7 y O �c9 i O "T ro y 7 OD K fD y A A "S fD A A y PRESENTATION SPECIFICATIONS OF WORK PRICES SIGNATURES REFERENCES A Gc6v 71. IT EPA ENVIRONMENTAL CLEANING SOLUTIONS AND SERVICES, Inc. 23885 CorZnih Drive MURRLUTA, CA 92562 Phone & Fax (951) 677 -9192 December 20, 2005 CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 To Whom It May Concern: We are very happy that you have given us the opportunity to present "ECSS" to the City of Lake Elsinore. Environmental Cleaning Solutions has provided cleaning services in the Southern California from Santa Clarita to San Diego and Palm Spring since 1992. We have a very strong reference base that has been established by pleasing customers year - after -year. As the contractor of choice for many healthcare customers, "ECSS" has a reputation for maintaining health care standards. Using these high and rigid standards, we service a variety of other customers as well. All building operations demand firm control over operation costs. Our company takes pride in delivering value. We look forward to providing further information to you. Sincerely, Fabrice Vuillemey President AGE31C: ITEM NO.-- n Cl JANITORIAL MAINTENANCE WORK PROPOSAL Environmental Cleaning Solutions and Services, Inc. 23885 Corinth Drive Murrieta, CA 92562 To: City of Lake Elsinore, California Environmental Cleaning Solutions and Services, Inc., in accordance with the City's Notice Inviting Bids, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above- stated projects as set forth in the Plans, Specifications, and Contract documents therefore to perform all wok in the manner and time prescribed therein. The attached Bid Schedule is hereby made a part of this proposal. Environmental Cleaning Solutions and Services, Inc., declares that this proposal is based upon careful examination of the work sites, Plans, Specifications, Instructions to Bidders, and all other Contract documents. If this proposal is accepted for award, "ECSS" agrees to enter into a Contract with the City at the unit and/or lump sum prices set forth in the following bid schedule. "ECSS" understand that failure to enter into a Contract and furnish bonds in the manner and time prescribed will result in forfeiture to the City of the guarantee accompanying this proposal. Environmental Cleaning Solutions and Services, Inc., certifies that this proposal is made in good faith, without collusion or connection with any other persons bidding on the work Environmental Cleaning Solutions and Services, Inc., understands that the City Council reserves the right to accept or reject any or all proposals or to waive formality or technicality in any proposal in the interest of the City. 6 CITY HALL 130 South Main Street Lake Elsinore Sundays through Thursdays after business hours AGENCA ITEM E,0. DAILY The Computer Room is not to be cleaned. GENERAL OFFICE AREA • Empty all interior /exterior waste receptacles to disposal area - along with separating recyclables, replace trash can liners • Vacuum all carpeted areas • Damp wipe & disinfect all counters, desk tops, tables (desk items not to be moved) • Empty exterior smoking stands • Sweep & damp mop hard floor • Clean & sanitize drinking fountains • Clean glass doors • Sweep outside stairway and dust handrail. • Clean glass display cases located on the front outside wall adjacent to the entry door. REST ROOMS • Clean & sanitize toilet bowls & urinals, with emphasis on odor containment • Clean wash basins & counters, clean & polish fixtures, such as faucets, flush valves & handicap rails • Empty trash containers and replace liners • Wet mop floors with disinfectant cleaner, clean mirrors, replenish & clean dispensers (soap, paper products) • Spot clean partitions & walls as needed KITCHEN/EMPLOYEE LOUNGE • Clean sink, counter top & tables • Sweep and damp mop kitchen floor • Empty trash containers and replace liners WEEKLY GENERAL OFFICE AREA • Dust all ledges, windowsills, wall picture frames & all flat surfaces • Dust & /or damp wipe all chairs, furniture • Spot clean light switch covers • Spot clean wood interior doors & frames • Spot clean carpeted areas AGENDA ITEM NO. MCC r REST ROOMS • Clean partitions & laminated wall areas, spot clean other wall surfaces, light switches KITCHEN/EMPLOYEE LOUNGE • Damp wipe other furnishings, such as refrigerators, vending machines MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only PUBLIC WORKS YARD 521 North Langstaff Street Lake Elsinore Sundays trough Thursdays during non business hours ;AGE I 'a 3TE9`A h0. [aim GENERAL OFFICE AREA • Empty all interior /exterior waste receptacles to disposal area - along with separating recyclables, replace trash can liners • Vacuum all carpeted areas • Damp wipe & disinfect all counters, desk tops, tables (desk items not to be moved) • Empty exterior smoking stands • Sweep & damp mop hard floor • Clean & sanitize drinking fountains • Clean glass doors • Clean showers REST ROOMS • Clean & sanitize toilet bowls & urinals, with emphasis on odor containment • Clean wash basins & counters, clean & polish fixtures, such as faucets, flush valves & handicap rails • Empty trash containers and replace liners • Wet mop floors with disinfectant cleaner, clean mirrors, replenish & clean dispensers (soap, paper products) • Spot clean partitions & walls as needed KITCHEN/EMPLOYEE LOUNGE • Clean sink, counter top & tables • Sweep and damp mop kitchen floor • Empty trash containers and replace liners WEEKLY GENERAL OFFICE AREA • Dust all ledges, windowsills, wall picture frames & all flat surfaces • Dust & /or damp wipe all chairs, furniture • Spot clean light switch covers • Spot clean wood interior doors & frames • Spot clean carpeted areas REST ROOMS • Clean partitions & laminated wall areas, spot clean other wall surfaces, light switches Ar EN A KITCHEN/EMPLOYEE LOUNGE • Damp wipe other furnishings, such as refrigerators, vending machines MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only ACE N' ITEM NI0. SENIOR CENTER East Lakeshore Drive Lake Elsinore Sundays through Thursdays after business hours RUA ,Tl .. DAILY GENERAL OFFICE AREA • Empty all interior /exterior waste receptacles to disposal area - along with separating recyclables, replace trash can liners • Vacuum all carpeted areas. • Vacuum all upholstered chairs as needed to keep a clean appearance. • Clean the audio room. • Damp wipe & disinfect all counters, desk tops, tables (desk items not to be moved) • Empty exterior smoking stands • Sweep & damp mop hard floor • Clean & sanitize drinking fountains • Clean glass doors • Clean pantry • Empty two 30 gallon trash cans located outside the building • Throw away all the card board boxes left outside the pantry area (if the trash bin located outside the facility is full use a trash bin in an other City facility). REST ROOMS • Clean & sanitize toilet bowls & urinals, with emphasis on odor containment Clean wash basins & counters, clean & polish fixtures, such as faucets, flush valves & handicap rails • Empty trash containers and replace liners • Wet mop floors with disinfectant cleaner, clean mirrors, replenish & clean dispensers (soap, paper products) • Spot clean partitions & walls as needed KTTCHEN/EWLOYEE LOUNGE • Clean sink, counter top & tables • Clean the outside of the refrigerator. • Sweep and damp mop kitchen floor • Empty trash containers and replace liners WEEKLY GENERAL OFFICE AREA • Dust all ledges, windowsills, wall picture frames & all flat surfaces • Dust &/or damp wipe all chairs, furniture • Spot clean light switch covers • Spot clean wood interior doors & frames • Spot clean carpeted areas M�i+'i„s'E iw •,'4 t 9 �,".6.tii 1'u J..— ...�„����� REST ROOMS • Clean partitions & laminated wall areas, spot clean other wall surfaces, light switches MONTHLY • Scrub and wax all hard surface floor • Clean vents in ceiling • Dust cobwebs along the top of walls at the ceiling seam. • Clean all windows inside only PAr, _ (� CENTENNIAL STATION 132 West Graham Avenue Lake Elsinore Sundays through Thursdays after thefacil' !& closes AGENDA ITEM EEO. a- PA- DAILY GENERAL OFFICE AREA • Empty all interior /exterior waste receptacles to disposal area - along with separating recyclables, replace trash can liners • Vacuum all carpeted areas • Damp wipe & disinfect all counters, desk tops, tables (desk items not to be moved) • Empty exterior smoking stands • Sweep & damp mop hard floor • Clean & sanitize drinking fountains • Clean glass doors REST ROOMS • Clean & sanitize toilet bowls & urinals, with emphasis on odor containment • Clean wash basins & counters, clean & polish fixtures, such as faucets, flush valves & handicap rails • Empty trash containers and replace liners • Wet mop floors with disinfectant cleaner, clean mirrors, replenish & clean dispensers (soap, paper products) • Spot clean partitions & walls as needed WEEKLY GENERAL OFFICE AREA • Dust all ledges, windowsills, wall picture frames & all flat surfaces • Dust & /or damp wipe all chairs, furniture • Spot clean light switch covers • Spot clean wood interior doors & frames • Spot clean carpeted areas REST ROOMS • Clean partitions & laminated wall areas, spot clean other wall surfaces, light switches MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only FAQ -, CULTURAL CENTER 183 North Main Street Lake Elsinore Sundays through Thursdays der the Lacir 0 closes and after the City Council Meeting ITEM NO.— PA, v DAILY City Council meetings are held the 2' and 4te Tuesdays of each month. Cleaning is to be completed following the completion of the meeting even if it runs late. Cleaning is not to be cancelled. GENERAL OFFICE AREA • Empty all interior /exterior waste receptacles to disposal area - along with separating recyclables, replace trash can liners • Vacuum all carpeted areas • Damp wipe & disinfect all counters, desk tops, tables (desk items not to be moved) • Empty exterior smoking stands • Sweep & damp mop hard floor • Clean & sanitize drinking fountains • Clean glass doors REST ROOMS • Clean & sanitize toilet bowls & urinals, with emphasis on odor containment j Clean wash basins & counters, clean & polish fixtures, such as faucets, flush valves & handicap rails • Empty trash containers and replace liners • Wet mop floors with disinfectant cleaner, clean mirrors, replenish & clean dispensers (soap, paper products) • Spot clean partitions & walls as needed WEEKLY GENERAL OFFICE AREA • Dust all ledges, windowsills, wall picture frames & all flat surfaces • Dust & /or damp wipe all chairs, furniture • Spot clean light switch covers • Spot clean wood interior doors & frames • Spot clean carpeted areas REST ROOMS • Clean partitions & laminated wall areas, spot clean other wall surfaces, light switches AQLN'�,'A ITEM N0*--J------ MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only ACEN":7A ITEM 0. COMMUNITY CENTER 310 West Graham Lake Elsinore Sundays through Thursdays after business hours ACE 4C.'k ITEM NO. PAZ Lf C�-_``': --.. 20. DAILY Storage rooms are not to be cleaned. GENERAL OFFICE AREA • Empty all interior /exterior waste receptacles to disposal area - along with separating recyclables, replace trash can liners • Vacuum all carpeted areas • Damp wipe & disinfect all counters, desk tops, tables (desk items not to be moved) • Empty exterior smoking stands • Sweep & damp mop hard floor • Clean & sanitize drinking fountains • Clean glass doors • Wet mop gym floor. • Empty the 33 gallon trash can located outside the building REST ROOMS • Clean & sanitize toilet bowls & urinals, with emphasis on odor containment • Clean wash basins & counters, clean & polish fixtures, such as faucets, flush valves & handicap rails • Empty trash containers and replace liners • Wet mop floors with disinfectant cleaner, clean mirrors, replenish & clean dispensers (soap, paper products) • Spot clean partitions & walls as needed KITCHEN/EWLOYEE LOUNGE • Clean sink, counter top & tables • Sweep and damp mop kitchen floor • Empty trash containers and replace liners WEEKLY GENERAL OFFICE AREA • Dust all ledges, windowsills, wall picture frames & all flat surfaces • Dust &/or damp wipe all chairs, furniture • Spot clean light switch covers • Spot clean wood interior doors & frames • Spot clean carpeted areas • Clean stairway • Clean upstairs offices REST ROOMS • Clean partitions & laminated wall areas, spot clean other wall surfaces, light switches KITCHEN/EMPLOYEE LOUNGE • Damp wipe other furnishings, such as refrigerators, vending machines MONTHLY • Scrub and wax all hard surface floor (include gym floor) • Scrub all base boards • Dust cobwebs located along the top of walls at the ceiling seam • Clean vents in ceiling • Clean all windows inside only LAKE OPERATIONS TRAILER 500 A Lakeshore Drive Lake Elsinore Sundays through Thursdays after business hours AGfL'.N*;CR, ITEM NO. DAILY GENERAL OFFICE AREA • Empty all interior /exterior waste receptacles to disposal area - along with separating recyclables, replace trash can liners • Vacuum all carpeted areas • Damp wipe & disinfect all counters, desk tops, tables (desk items not to be moved) • Empty exterior smoking stands • Sweep & damp mop hard floor • Clean & sanitize drinking fountains • Clean glass doors WEEKLY GENERAL OFFICE AREA • Dust all ledges, windowsills, wall picture frames & all flat surfaces • Dust & /or damp wipe all chairs, furniture • Spot clean light switch covers • Spot clean wood interior doors & frames • Spot clean carpeted areas MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only AG XA ITEM X50. KF '4 ti -� TINY TOT FACILITY `1 PLANET YOUTH AREA 400 West Graham Avenue Lake Elsinore Sundays through Thursdays after business hours AGEiX ITEM 110. _ '� REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 2 Bids were opened on December 20, 2005 and were as follow: Company -: . A & A Janitorial Services $63,000 Environmental Cleaning Solutions $51,540 Merchants Building Maintenance $44,664 Environmental Cleaning Services has agreed to honor their bid prices submitted at the bid opening held on December 20, 2005. FISCAL IMPACT The cost difference between Environmental Cleaning Solutions and Merchants Building Maintenance is $6,876 per year. Funding is available in the Facility Maintenance Budget to cover the annual cost of $51,540. RECOMMENDATION Staff recommends that the Mayor and City Council authorize the City Manager to: 1. Issue a sixty (60) day notice of termination to Merchants Building Maintenance Company, termination date being effective March 31, 2007. 2. Execute a maintenance contract agreement with Environmental Cleaning Solutions for janitorial maintenance services for a term of one (1) year commencing April 1, 2007, and can be extendable in one (1) year increments up to three years, with approval of the City Manager. AGENDA ITEM NO._ 4 DAILY The Storage Closet is not to be cleaned GENERAL OFFICE AREA • Empty all interior /exterior waste receptacles to disposal area - along with separating recyclables, replace trash can liners • Vacuum all carpeted areas • Damp wipe & disinfect all counters, desk tops, tables (desk items not to be moved) • Empty exterior smoking stands • Sweep & damp mop hard floor • Clean & sanitize drinking fountains • Clean glass doors REST ROOMS • Clean & sanitize toilet bowls & urinals, with emphasis on odor containment • Clean wash basins & counters, clean & polish fixtures, such as faucets, flush valves & handicap rails • Empty trash containers and replace liners • Wet mop floors with disinfectant cleaner, clean mirrors, replenish & clean dispensers (soap, paper products) • Spot clean partitions & walls as needed KITCHEN/EWLOYEE LOUNGE • Clean sink, counter top & tables • Sweep and damp mop kitchen floor • Empty trash containers and replace liners WEEKLY GENERAL OFFICE AREA • Dust all ledges, windowsills, wall picture frames & all flat surfaces • Dust &/or damp wipe all chairs, furniture • Spot clean light switch covers • Spot clean wood interior doors & frames • Spot clean carpeted areas REST ROOMS • Clean partitions & laminated wall areas, spot clean other wall surfaces, light switches AGEND-1, ITEM NO.- KITCHEN/ENVLOYEE LOUNGE • Damp wipe other furnishings, such as refrigerators, vending machines MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only AGE% k 4TEtA NO.____ CITY HALL TRAILER 130 South Main Street Lake Elsinore Sundays through Thursdays after business hours A�r-EI�D,A ITEPA PA DAILY GENERAL OFFICE AREA • Empty all interior /exterior waste receptacles to disposal area - along with separating recyclables, replace trash can liners • Vacuum all carpeted areas • Damp wipe & disinfect all counters, desk tops, tables (desk items not to be moved) • Empty exterior smoking stands • Sweep & damp mop hard floor • Clean & sanitize drinking fountains • Clean glass doors WEEKLY GENERAL OFFICE AREA • Dust all ledges, windowsills, wall picture frames & all flat surfaces • Dust & /or damp wipe all chairs, furniture • Spot clean light switch covers • Spot clean wood interior doors & frames • Spot clean carpeted areas MONTHLY • Scrub and wax all hard surface floor • Clean vents in ceiling • Clean all windows inside only GENERAL SERVICES FOR ALL THE CITY BUILDINGS Floor mats will be vacuumed if needed. Empty all blue recycle bins every day in•the large bins identified as recycle bins outside of the buildings. All building have blue recycle bins located inside for use. Not all buildings have the larger bins outside for dumping recyclables. For building without the outside recyclable bin maintenance staff are to remove the recyclables and dispose of it at a facility with outside recyclable bins. Spot cleaning carpet is to be completed nightly. Full carpet cleaning service will be performed as an extra when requested and quoted separately. AGE [VSO ITEM NO.—D-- C EQUIPMENT AND SUPPLIES ECSS will provide all labor, equipment and chemicals required to perform the above specified work. Items listed below are eligible for reimbursement from the CITY OF LAKE ELSINORE. Supplies approved for reimbursement will be compensated at cos, unless both parties agree to a stocking fee. An itemized invoice showing quantities and unit costs of supplies purchases for city use shall be submitted to the city for reimbursement of supply costs. Supplies eligible for reimbursement are limited to the following items: • Toilet tissue • Multifold hand towels • Roll hand towels • Trash liners • Toilet seat covers • Hand soap • Specialty items requested by the city that have been agreed to as reimbursable ENVIRONMENTAL CLEANING SOLUTIONS AND SERVICES, Inc. Fabrice V1111lemey 23&U Corinth Drive MURRIETA CA 92562 Phone & Fax (951) 677 -0192 Building/Office Space SUMMARY OF ANNUAL COST Annual Cost (including supplies) City Hall $10,800.00 Public Works Yard $ 7,020.00 Senior Center $ 7,800.00 Centennial Station $ 2,340.00 Cultural Center $ 4,620.00 Community Center $ 9,240.00 Lake Operations Trailer $ 1,560.00 Tiny Tot Facility $ 7,080.00 City Hall Trailer $ 1,080.00 Totals $51,540.00 (Fifty One Thousand Five Hundred Forty Dollars) iTUA NO. SIGNATURES ENVIRONMENTAL CLEANING SOLUTIONS AND SERVICES, INC. 23885 Corinth Drive Murrieta, CA 92562 Phone: (951) 677 -0192 Incorporated under the laws of the state of California Fabrice Vuillemey, Jocelyne President. Vice -Pre AGEI4D, ITEM NO. P��Z 0- CITY OF LAKE ELSINORE, CA NON - COLLUSION DECLARATION I, Fabrice Vuillemey, do hereby declare that I am the President of Environmental Cleaning Solutions and Services, Inc., the party making the foregoing bid for maintenance work refereed Facility MAINTENANCE WORK and that the bid is not made in the interest of, or on behalf of, and undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding' that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the bid are hue; and, further, that the bidder has not, indirectly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to nay member or agent thereof to effectuate a collusive or sham bid. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Murrieta, December 20' , 2005 Fabrice Vuillemey, President. AG t17A 1T£14 130._a LIST OF REFERENCES CITY OF MURRIETA 26442 Beckman Court Murrieta, CA 92562 Contact: Nancy Driggers Telephone: (951) 461 -6008 City Building From August 2004 to present $8,005.00 /month WINNER -BAIRD MANAGEMENT v 212 E. Grand Boulevard, Suite E Corona, CA 92879 -1532 Contact: Gene Hill Telephone: (951) 852 -1546 Office Building From January 1993 to present $11,448.00 DAVITA P.O. Box 2037 Tacoma, WA 98401 -2037 Contact: Debbie Telephone: (909) 625 -0339 Dialysis Center (Montclair, San Bernardino, Ontario) From August 1993 to present $5,365.00 n AGLII-CA `,'._ ; - P�....7 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JANUARY 23, 2007 SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR RECORDS MANAGEMENT WITH GLADWELL GOVERMENTAL SERVICES. BACKGROUND In the course of administering the City's numerous activities and programs, the City generates numerous documents and other records. In an effort to coordinate statutory requirements, organizational systems, and policy considerations regarding the retention and destruction of City records, a professional services agreement has been prepared for Records Management, Records Retention and Records Destruction consulting services for the City of Lake Elsinore. DISCUSSION The City Clerk's office is in the process of implementing a program to increase intranet and intemet access to important City documents and records as well as proper storage, accessibility and record maintenance. Part of that effort includes a citywide records management program The City's past practice has allowed duplicate copies of records be maintained by more than one Department/Division. The ability to locate older files has resulted in numerous staff hours. Additionally, while the Records Management Guidelines published by the Secretary of State provide guidance as to the minimal legal requirements for records maintenance, a comprehensive review of the City's records and internal practices will allow for the formulation, adoption and implementation of a uniform records management program tailored to the City of Lake Elsinore and its Departments. This type of review continues to be a priority recommendation by the City Clerk, City Attorney and City Manager. AGENDA ITEM NO. PAGE � OF REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 2 OF 2 The attached Agreement is the first step in moving forward with purchasing the proper document imaging system for the City. Most importantly, the beginning phase places strong emphasis onrecords management FISCAL IMPACT The cost for this service is estimated at $15,000 not to exceed $20,000. RECOMMENDATION The City Council approves the attached Records Management Consulting Agreement and authorizes the City Manager to execute the agreement, subject to such minor modifications and in such final form as approved/�y the City Attorney. PREPARED BY: APPROVED FOR AGENDA BY: FREDERICX4 (AY, CMC, CITY CLERK AGENDA ITEM NO. PAGE _2,_ OF RECORDS MANAGEMENT CONSULTING SERVICES AGREEMENT THIS RECORDS MANAGEMENT CONSULTING SERVICES AGREEMENT ( "Agreement ") is made and entered into as of the 23rd day of January, 2007, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Gladwell Governmental Services, Inc. ( "CONSULTANT "), who agree as follows: RECITALS I. Scope of Services. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to CITY the Services outlined in Exhibit B. 2. Project Schedule. Exhibit C - Project Schedule. Consultant shall adhere to the timeline of the Project Schedule and report any delays in the project within 7 days of the Project deadline. 2. Compensation. This work will be performed for the fees as outlined in Exhibit B, Scope of Work. In no event shall the total payment for time, services, materials and expenses under this Agreement exceed the amount stated in Exhibit B. 3. Payment. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement after the services have been provided satisfactorily to the CITY. CONSULTANT shall submit all billings for said services to CITY, CITY shall promptly review invoicing and notify CONSULTANT of any objection thereto in writing within thirty (30) days of receipt of the invoice, and absent such objection, the invoice shall be deemed proper and acceptable. 4. Facilities And Equipment. Except as otherwise provided hereinbelow, CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. CITY shall provide CONSULTANT with the following at no charge to CONSULTANT: A. A working group consisting of members from each CITY function with authority to submit and approve information regarding CITY's records management requirements. B. A CITY representative with authority to approve various deliverables. C. A resident workspace for use when CONSULTANT is on -site, and access to appropriate CITY computer systems and staff. 5. General Provisions. The general provisions set forth in Exhibit "A" are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control only insofar as it is inconsistent with the General Provisions. 6. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. AGENDAa IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: Robert A. Brady, City Manager City of Lake Elsinore CONSULTANT: Gladwell Governmental Services, Inc. Diane R. Gladwell, President AG,EN A ITEM 9110. PACE_ L—L_0 F EXHIBIT A GENERAL PROVISIONS (1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. (2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice her profession. CONSULTANT, including any subconsultants, shall obtain any required business license for work within the CITY. (3) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. (4) RECORDS. CONSULTANT shall maintain adequate records to permit inspection audit of CONSULTANT's charges under this Agreement. CONSULTANT shall provide CITY access to such records for approval, funding, or auditing the project, during normal business hours upon reasonable notice, the reasonable cost of which shall be borne by CITY. Nothing herein shall convert such records into public records and they will be available only to CITY for approval, funding, or audit functions. Such records shall be maintained by CONSULTANT for three (3) years following completion of the work under this Agreement. (5) COPYRIGHT / INTELLECTUAL PROPERTIES (a) California Public Records Act and Freedom of Information Act. Nothing herein shall prevent the CITY from legally complying with the Public Records Act and Freedom of Information Act. To the extent the CITY receives a public records request to disclose Consultant Materials pursuant to the Public Records Act or the Freedom of Information Act, CITY shall advise Consultant promptly of such request. (b) Internal Purposes. CITY shall use the materials prepared exclusively by Consultant pursuant to the Agreement ( "Consultant Materials ") for its "Internal Purposes" only. "Internal Purposes" shall exclude any and all commercial applications or uses in connection with or for the benefit of CITY's vendors and /or third parties; (c) Non - Disclosure. In no event shall the Consultant Materials be disclosed, made available to, or used for the benefit of any third party; sold, assigned, leased or AGFN'DA ITEM NO. S PAGE_ - --0'F-L-3' otherwise disposed of; or commercially exploited or marketed in any way, with or without charge, by CITY or any of CITY's employees or agents, provided, however, that subject to the California Public Records Act, CITY shall have the right to disclose the Consultant's Materials, to the extent legally required, pursuant to a valid public records request; (d) Proprietary Markings. CITY shall not remove or modify any proprietary markings, copying restrictions, or legends placed upon or contained within the Consultant Materials to any copies of the Consultant Materials permitted hereunder; (e) Internet. Without Consultant's express, prior written consent, CITY shall not post or transmit the Consultant Materials on or through any internet, listserv, website, or otherwise publish or publicly disseminate or distribute any Consultant Materials; (f) Modification. CITY shall have the right to modify the Consultant Materials solely for CITY's Internal Purposes. CITY agrees that any works such created are derivative works of the Consultant Materials within the meaning of the U.S. Copyright Act, and, as such, are included within the definition of "Consultant Materials." (g) Reservation of Rights. Nothing in this Agreement shall be deemed to grant, directly or by implication, estoppel or otherwise, any right or license with respect to any process, methods, or other intellectual property rights Consultant may own or control prior to the date of this Agreement, and Consultant retains all right, title and interests in and to such of its own process, methods, and other intellectual property rights. (h) Ownership. CITY acknowledges and agrees that as between CITY and Consultant, Consultant exclusively owns and retains all right, title and interest (including, without limitation, all patent rights, copyrights, trademarks, trade secrets and other intellectual property rights), in and to all Consultant Materials and any portion thereof. (6) INSURANCE. (a) WORKER'S COMPENSATION. During the term of this Agreement, CONSULTANT shall fully comply with the terms of the law of California concerning worker's compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability CONSULTANT may have for worker's compensation. (b) AUTOMOBILE LIABILITY. During the term of this Agreement, CONSULTANT shall furnish an automobile liability policy that is primary insurance as respect to CITY, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, its officers, officials, employees or volunteers shall apply excess of, and not contribute with, CONSULTANT'S insurance. (c) GENERAL LIABILITY AND PROFESSIONAL LIABILITY (Errors and Omissions) During the term of this Agreement, CONSULTANT shall furnish a general liability / professional liability policy in the amount of $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. r- AGENDA ITEM NO.___jb ► (d) CERTIFICATES OF INSURANCE. CONSULTANT shall file with CITY upon the execution of this agreement, certificates of insurance which shall provide that no cancellation, major change in coverage, expiration, or nonrenewal will be made during the term of this agreement, without thirty (30) days written notice to the CITY prior to the effective date of such cancellation, or change in coverage. (7) CONSULTANT NO AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever. (8) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. (9) PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at anytime during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. (10) STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices her profession. All products of whatsoever nature which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a substantial, first- class, and workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of CONSULTANT is satisfactory. (11) CONFIDENTIALITY. CONSULTANT shall not disclose to any other public or private person or entity any information regarding CITY except as authorized by CITY. (12) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by CITY for its convenience upon written notification to CONSULTANT. CONSULTANT shall be entitled to receive full payment for all services performed and all costs incurred to the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and uncompleted products up to the date of receipt of written notice to cease work shall become the property of CITY. (13) INDEMNIFY AND HOLD HARMLESS. CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents, employees and volunteers from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra- hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the AGENDA ITEM ISO. B PAGE — 4 OF 1 - concurrent or successive passive negligence of CITY, its officers, agents, employees or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. (14) CONSULTANT -NOT PUBLIC OFFICIAL. CONSULTANT is not a "public official' for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at conclusions with respect to his or her rendition of information, advice, recommendation or counsel independent of the control and direction of CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (15) NOTICES. All notices required by this agreement shall be sent to the following addresses: CONSULTANT: Gladwell Governmental Services, Inc. Diane R. Gladwell, CIVIC P.O. Box 62 Lake Arrowhead, CA 92352 CITY: City of Lake Elsinore Frederick Ray, City Clerk 130 S. Main St. Lake Elsinore, CA 92530 -4109 MENDAITEM NO. 8 _. PAGE_ �DF EXHIBIT B SCOPE OF WORK The proposed options may be modified or phased as the City desires. OPTION 1: RECORDS MANAGEMENT NEEDS ASSESSMENT AND ACTION PLAN Gladwell Governmental Services, Inc. (GGS) will provide on -site analysis of the City's records management program, providing customized advice, training, discussion of "Best Practices" of other cities, and various alternatives. In an interactive manner, Diane R. Gladwell, the President of Gladwell Governmental Services, Inc. will provide analysis and options regarding all aspects of the City's Records Management programs. All training, options, advice and analysis will be based upon "Best Practices" of over 100 California Cities, the California Public Records Act, California Secretary of State's Local Government Records Management Guidelines, ISO, ARMA, and AIIM standards. GGS is an expert in all these laws, standards and guidelines. Following the on -site visit, a Records Management Assessment / Action Plan will be developed. Deliverables: • One day of on -site meetings • Records Management Needs Assessment / Action Plan Total Cost: $1,500 OPTION 2: CITYWIDE RETENTION SCHEDULES In an interactive and educational process, Gladwell Governmental Services, Inc. will develop easy -to -use retention schedule for each department, and the City as a whole. All past work, including records indices and previous records retention schedules will be used as a basis of all work. It should be noted that retention periods must be articulated in any document imaging system, including microfilm (the retention period applies no matter what media the record is stored in). Employees must know how long to keep different records series prior to scanning them so they can design a method to purge them from the document imaging system. The City Clerk and City Attorney will be consulted throughout the project. A detailed cross - reference Index to the schedules will be produced for the retention schedules following Council adoption. AGENDA ITEM NO., FACE 9 O r _ Deliverables: • One day of on -site meetings with all departments • Records Retention Schedules for each department • One retention schedule for records common to all departments • Index to retention schedules • Draft resolution of adoption • Draft staff report Total Cost: $5,000 OPTION 3A: RECORDS DESTRUCTION PROCEDURES AND TRAINING ( "FREE THE FILES" DAY) It is critical to comply with a variety of laws and regulations during any records destruction, as demonstrated by a variety of recent high - profile criminal cases. Records destruction forms and written instructions will be provided, along with various advice and planning for shredding services, logistics, supplies, etc. Employee training will include a Y2 hour City -wide training session in the morning, then GGS will visit each department to assist them with the proper procedures and to provide advice on their particular Deliverables: • Written destruction procedures and forms • Advice for services, logistics and supplies • One day of on -site meetings with all departments Total Cost: $1,000 OPTION 3B: CITYWIDE RECORDS MANAGEMENT MANUAL AND TRAINING (Includes Destruction Procedures and "Free the Files" Day) Building upon Lake Elsinore's existing program, a new Citywide records management manual should be written in an interactive manner with employees, providing a high level of ownership, education and skill within Lake Elsinore staff. The manual will provide training for staff on Lake Elsinore's records management systems, policies and industry- standard practices, including the Public Records Act. The following subjects will be included: • Program overview and structure (responsibilities) • What records are accessible to the public, and the Public Records Act, Procedures • Electronic Records and e-mail • Filing Procedures and Best Practices • Inventory forms and procedures • Records Retention • Filing Equipment & Off -site storage • Disaster Recovery • Document Imaging Policies (basic guidelines) • Records Disposal • Glossary • Forms • Listing of records exempt from public disclosure AGENDA ITEM Nye. P,ACi°_LQ__.__ ( ", Five 2 -hour training meetings will be held, suitable for Citywide participation (which is recommended, using Records Coordinators designated by each department). All necessary forms and procedures will be developed interactively with Lake Elsinore's staff. Certificates for completing the Records Management Course will be presented to all employees attending the training sessions. Deliverables: • Records Management Policies and Procedures covering the above subjects, including inventory procedures • Four days of 2 -hour training sessions • Advice for services, logistics and supplies for "Free the Files" Day • One day of on -site meetings with all departments • One Records Management Manual for each department • Records Management Course Completion Certificates for Attendees. Total Cost: $5,000 OPTION 4: CITY -WIDE EDMS / DOCUMENT IMAGING PLANS, POLICIES & PROCEDURES GGS would provide one day of on site facilitation to develop plans, policies and procedures to develop a City -wide document imaging program Deliverables: • One day of on -site meetings with all departments • Document Imaging Plans for each department, including labor costs • City -wide Document Imaging Policy • Other deliverables as determined by the City Total Cost, Including Travel: Summary of Options: $3,500 Option 1: Records Management Needs Assessment and Action Plan $1,500 2: Citywide Retention Schedules $5,000 3A: Records Destruction Procedures & Training 313: Citywide Records Management Manual & Training includes 3A $5,000 4: Citywide EDMS / Document Imaging Plans, Policies & Procedures $3,500 Total $15,000 AGENDA ITEM PAD. 8 PAGE ��G EXHIBIT C TENTATIVE PROJECT SCHEDULE Lake Elsinore OPTION 1 � RECORDS MANAGEMENT NEEDS ASSESSMENT AND ACTION PLAN Deliverables: • One day of on -site meetings • Records Management Needs Assessment / Action Plan Note: Most Cities Choose not to have a kickoff meeting - this is a very informal day, and visits are very informal (mostly wandering around, asking questions, etc.) A:GE,0IClA ITEM No. PAGE IA City Clerk and TBA 18:00 - 8:45 City Hall City Clerk % hr Clerk's staff Public Works lassigned Dept Head and 8:45 - 9:15 City Hall Admin Svcs % hr staff Dept Head and 9:15 - 9:45 City Hall Community Svcs '/ hr assigned staff City Manager's Division Mgr and 9:45 - 10:15 City Hall Office YZ hr Susan Reid 14:30 Community Division Mgr and 10:15 - 10:45 City Hall Engineering '/ hr lassigned staff Division Mgr and 10:45 - 11:15 [City Hall lBuilding & Safe '/ hr assigned staff Division Mgr and 11:15 - 12:00 Citv Hall Code Enforcement % hr assigned staff A:GE,0IClA ITEM No. PAGE IA Division Mgr and 11:15 - 2:00 City Hall Planning % hr lassigned staff Public Works Dept Head and 2:00 - 2:45 Yard Public Works % hr lassigned staff Dept Head and 3:00 - 3:45 Lake Dept Lake Dept % hr assigned staff Division Mgr and 4:00 - 4:30 Senior Center Parks & Recreation Y2 hr assigned staff 14:30 Community Division Mgr and - 5:00 Center Parks & Recreation Y2 hr assigned staff A:GE,0IClA ITEM No. PAGE IA OPTION 4: CITY -WIDE EDMS /DOCUMENT IMAGING PLANS, POLICIES & PROCEDURES Deliverables: • One day of on -site meetings with all departments • Document Imaging Plans for each department, including labor costs • City-wide Document Imaging Policy • Other deliverables as determined by the City PLEASE START MEETINGS ON TIMEI (Department/Division meetings can be attended by as many staff members as the department wishes) Date TBA Time 8:00 - 8:45 Location City Hall Department City Clerk Length % hr Who Attends City Clerk and Clerk's staff Names 8:45 - 9:15 City Hall Admin Svcs % hr Dept Head and assigned staff 9:15 - 9:45 City Hall Community Svcs '/: hr Dept Head and assi ned staff 9:45 - 10:15 City Hall City Manager's Office '/2 hr Susan Reid 10:15 - 10:45 City Hall Engineering '/ hr Division Mgr and assigned staff 10:45 - 11:15 City Hall Building & Safety hr Division Mgr and assi ned staff 11:15 - 12:00 City Code Enforcement % hr Division Mgr and assigned staff 33 "0 � „n 1:15 - 2:00 Lunch, Lunc ,., �'r �'s„ City Hall �,, �i.3 ... 4: Planning -- �:... ^�i',� % hr 3 3 Division Mgr and assigned staff "�.q;3, 2:00 - 2:45 Public Works Yard Public Works % hr Dept Head and assigned staff 3:00 - 3:45 Lake Dept Lake Dept % hr Dept Head and lassigned staff 4:00 - 4:30 Senior Center Parks & Recreation '/2 hr Division Mgr and assigned staff 4:30 - 5:00 Community Center Parks & Recreation '% hr Division Mgr and assigned staff AGENDA ITEM NO. TO: FROM: DATE: SUBJECT: APPLICANT: OWNER: LOCATION CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER JANUARY 23, 2007 CANYON HILLS ESTATES: FINAL ENVIRONMENTAL IMPACT REPORT NO. 2006-02. GENERAL PLAN AMENDMENT NO. 2006 -04, SPECIFIC PLAN NO. 2006 -01 AND TENTATIVE TRACT MAP NO. 34249 VICKI MATA, TRUMARK COMPANIES, 9911 IRVINE CENTER DRIVE, SUITE 150, IRVINE CA, 92618; JEREMY KROUT,RGP PLANNING & DEVELOPMENT SERVICES, 8921 RESEARCH DRIVE, IRVINE, CA 92618 VICKI MATA, TRUMARK COMPANIES, 9911 IRVINE CENTER DRIVE, SUITE 150, IRVINE CA, 92618 The 246.4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west (the "Project Site "). Cottonwood Creek flows through the northeast corner of the Project Site adjacent to Cottonwood Canyon Road. The Project Site is accessible from Lost Road, Navajo Springs Road and Cottonwood Canyon Road (see "Exhibit A "). REQUEST The request before the City Council is for consideration of: • Final Environmental Impact Report No. 2006 -02; and REPORT TO THE CITY COUNCIL JANUARY 23, 2007 PAGE 2 OF 5 • General Plan Amendment (GPA) No. 2006 -04 to re- designate the Project Site from Very Low Density Residential (VLDR) and Mountainous (M) to Low Density Residential (LDR); and • Specific Plan No. 2006 -01 — Adoption of the Canyon Hills Estates Specific Plan; and • Tract Map 34249 —to permit subdivision of the Project Site. BACKGROUND In October 2005, the property owners of the Project Site filed an application with the City of Lake Elsinore requesting that their property be annexed into the City. The annexation request was based primarily upon the fact that any future development of the Project Site could be most efficiently and effectively served by the public facilities of the Canyon Hills Estates community of Lake Elsinore. In addition, the Project Site has long been associated with the City of Lake Elsinore as it was once a part of the City's Sphere of Influence. LAFCO removed the Project Site and other areas from the City's Sphere of Influence (SOI) in 1997 and added the territory to the Wildomar /Sedco Hills Unincorporated Community (UC). Annexation of the Project Site into the City of Lake Elsinore would lead to logical growth and provision of services. To that end, on April 11, 2006, the City of Lake Elsinore City Council approved the following entitlements and commenced annexation proceedings for the Project Site: 1. General Plan Amendment (GPA) No. 2005 -08, which amended the City's General Plan Land Use Map to change the City's southern boundary to incorporate the Project Site; and 2. Zone Change (Pre -Zone) No. 2005 -09, which changed the zoning designation of the Project Site to Specific Plan subject to the completion/approval of Annexation No. 75 by the Riverside County Local Agency Formation Commission ( LAFCO); and ,AGENDA ITEM NO. v_`1___�� PAGE 9 OEJ3�_ REPORT TO THE CITY COUNCIL JANUARY 23, 2007 PAGE 3 OF 5 3. Annexation No. 75, which approved the commencement of proceedings for the SOI and annexation boundary change by LAFCO pursuant to the Cortese -Knox- Hertzberg Local Government Reorganization Act of 2000; and 4. Negative Declaration No. 2006 -02, which concluded that GPA No. 2005 -08, Zone Change (Pre -Zone) No. 2005 -09, and Annexation No. 75 would result in no significant environmental impacts. After the City Council adopted its resolution commencing annexation proceedings, Staff submitted an application to LAFCO for an amendment to the City's Sphere of InfluenceBoundary to include the Project Site. On October 26, 2006, LAFCO approved the boundary change by way of LAFCO 2006 -105 -1 & 3, which amended the City of Lake Elsinore's Sphere of Influence to add the Project Site and which also removed the Project Site from the Wildomar UC. DISCUSSION The Project was submitted to the City of Lake Elsinore Planning Commission on January 16, 2007 for review and consideration. Items of discussion at the January 16, 2007 Planning Commission included site design, project infrastructure improvements and various environmental issues (i.e. noticing, traffic, circulation, air quality, noise, and endangered species). The Planning Commission expressed satisfaction with the design and layout of the proposed project. It was the majority consensus of the Planning Commission to recommend that the City Council certify the Final Environmental Impact Report for the Project and approve all of the requested entitlements which comprise the Project. (refer to Planning Commission Minutes). FISCAL IMPACT Ultimately, the proposed development will have a positive fiscal impact to the community and the City. That is, financial analyses of the Project estimate that the residences that will be built as a result of the Project approval will generate sales tax by shopping at and consuming good, services, and products in the nearby commercial areas of the City of Lake Elsinore. PACE _3_6F l3 � REPORT TO THE CITY COUNCIL JANUARY 23, 2007 PAGE 4 OF 5 In addition to the sales tax revenue that will be generated by the Project, it is anticipated that the Project will also provide a steady stream of construction jobs through build out of the development. Finally, the Project will contribute fees toward traffic improvements, school facilities, park facilities, fire services, police services, water facilities, and sewer facilities. RECOMMENDATION The Planning Commission recommends that the City Council adopt the following: • Resolution No. 2007 -6y, certifying Environmental Impact Report No. 2006 -02; and • Resolution No. 2007 -65 , adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) and • Resolution No. 2007 -0(, approving General Plan Amendment No. 2006- 04; and • Ordinance No.lg-), approving Specific Plan No. 2006 -01; and • Resolution No. 2007 -07, approving Tentative Tract Map No. 34249. PREPARED BY: KIRT A. COURY, PROJECT PLANNER APPROVED FOR AGENDA BY: MANAGER'S OVVICE REPORT TO THE CITY COUNCIL JANUARY 23, 2007 PAGE 5 OF 5 ATTACHMENTS 1. Vicinity Map. 2. City Council Resolution No. 2007 -_ certifying Environmental Impact Report No. 2006 -02. 3. City Council Resolution No. 2007 -_ making Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP). 4. City Council Resolution No. 2007 -_ approving General Plan Amendment No. 2006 -04. 5. City Council Ordinance No. _ approving Specific Plan No. 2006 -01. 6. City Council Resolution No.0 2007 -_ approving Tentative Tract Map No. 34249. 7. Conditions of Approval 8. "Draft" Planning Commission Minutes of January 16, 2007. 9. Planning Commission Staff Report with Exhibits dated January 16, 2007. PAGE 5 0E /3 �, i 1 ti RESOLUTION NO. 2007- Q A RESOLUTION OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 2006 -02 FOR THE CANYON HILLS ESTATES PROJECT WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2006 -04, Specific Plan No. 2006 -01, and Tentative Tract Map No. 34249 for the project identified as the Canyon Hills Estates Specific Plan (the "Project "); and WHEREAS, the City of Lake Elsinore (the "City ") has caused an Environmental Impact Report (State Clearinghouse No. 2006051073: the "EIR ") to be prepared on the Project pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.: "CEQA "), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et seq.: the "State CEQA Guidelines "), and the City's procedures relating to environmental evaluation of public and private projects; and WHEREAS, the City transmitted for filing a Notice of Completion of the Draft EIR and thereafter, in accordance with the State CEQA Guidelines, forwarded the Draft EIR to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, pursuant to CEQA Guidelines, Section 15082(c)(1), on October 5, 2006 the City held a duly noticed scoping meeting in order to expedite consultation regarding the scope and content of the environmental information in the Draft EIR; and WHEREAS, the Draft EIR prepared for the Project was sent to the Planning Commission, and the Planning Commission held a public hearing to receive public input on the adequacy of the Draft EIR on January 16, 2007; and CITY COUNCIL RESOLUTION NO. 2007- PAGE 2 OF 9 WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation, and review of the Draft EIR have been taken; and WHEREAS, pursuant to public notice duly given, the City Council of the City (the "City Council ") held a full and fair public hearing on January 23, 2007, to consider the proposed Project and the EIR, and all interested persons expressing a desire to comment thereon or object thereto have been heard, and the Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received during the public review period and the responses of the City thereto; and WHEREAS, all legal prerequisites to the City's adoption of this Resolution have occurred. 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 evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR. SECTION 2. The City Council hereby certifies that the EIR for the Project is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto; the City Council has reviewed and considered the information contained in the Final EIR and finds that the Final EIR represents the independent judgment of the City. SECTION 3. The City Council hereby makes, adopts, and incorporates herein as its "findings of fact" regarding the potential environmental impacts of the Project, the analysis and conclusions set forth in the Final EIR (including, without limitation, the mitigation measures therein set forth); the following summarizes those conclusions: a. The Initial Study, the Draft EIR, and the Final EIR determined that impacts related to the implementation of the Project would be less than significant without mitigation for in the areas of agricultural resources, geology and soils, hydrology and water quality, utilities, public services, land use, mineral resources, population/housing, and recreation. AGENDA IMM N0._,a1_ PAGE �6 .- 680835.1 CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 OF 9 b. The Final EIR identified potentially significant adverse impacts related to the implementation of the Project, but which will be mitigated to an insignificant level by conditions imposed upon the Project, in the areas of aesthetics, air quality, biological resources, cultural resources, hazards and hazardous materials, and noise. The type of impact for which mitigation was designed and the associated mitigation measures are identified in Section 3.1 Environmental Analysis of the Final EIR, and are summarized in the Executive Summary of the Final EIR. C. All feasible mitigation measures, which are within the jurisdiction of the City, as identified in the Final EIR have been incorporated into the Project and represent the fullest extent to which the Project - related impacts can be reasonably avoided and/or substantially lessened. d. The Final EIR did not identify alternatives to the Project which would reduce environmental impacts while still substantially achieving the Project's objectives, and the proposed Project was determined to be the environmentally superior alternative. e. The proposed Project and associated discretionary approvals will result in significant unavoidable impacts to short -term (construction- related) air quality associated with localized PMIO and PM2.5, near -term (2010), and future (2025) traffic. Pursuant to State CEQA Guidelines Section 15093, the City Council has determined that the unavoidable adverse impacts that will result from project implementation are acceptable and outweighed by specific social, economic and other benefits of the project. Therefore, a Statement of Overriding Considerations has been prepared and is attached hereto as Exhibit A and incorporated herein. SECTION 4. A mitigation monitoring program for the Project has been prepared in accordance with Section 21081.6 of CEQA, and the City Council adopts the mitigation monitoring program. SECTION 5. The City shall make available the EIR and other related materials which constitute the record of the proceedings upon which its decision is based at the Lake Elsinore City Hall, 130 S. Main Street, Lake Elsinore, California 92530. SECTION 6. Within five days after the approval of the Project, the City Clerk shall file a Notice of Determination with the County Clerk of the PAGE, , O 3 CITY COUNCIL RESOLUTION NO. 2007- PAGE 4 OF 9 County of Riverside pursuant to the provisions of Section 21152 of CEQA and Section 15094 of the State CEQA Guidelines, along with two copies of the Certificate of Fee Exemption as required pursuant to Title 14, California Code of Regulations, Section 753.5(c). SECTION 7. Based upon the above findings, the Staff Report, conditions of approval and documentary and oral testimony presented, the City Council of the City of Lake Elsinore hereby approves Environmental Impact Report No. 2006 -02 for the Canyon Hills Estates Project. PASSED, APPROVED AND ADOPTED this 23rd day of January, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, City Clerk, CMC APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore AGES` DA ITErj, a,,0.____, FAGS "EXHIBIT A" STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The Final Environmental Impact Report (EIR) for the Canyon Hills Estates Specific Plan has identified and discussed significant effects that may occur as a result of the Project. With the implementation of the mitigation measures discussed in the EIR, these effects can be mitigated to a level of less than significant except for unavoidable significant impacts as discussed in Section III of the Findings. The City of Lake Elsinore has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Specific Plan. Impacts, in these and all other cases, have been mitigated to the extent considered feasible. All significant adverse impacts are identified in the Final EIR and are addressed in the Findings, which accompany this Statement of Overriding Considerations. The Project will result in the following significant impacts that cannot be mitigated to less than significant levels: 1. Traffic and Circulation Year 2010 Transportation Improvements: The Project will participate in the Transportation Impact Fee (TIF) and Transportation Uniform Mitigation Fee (TUMF) transportation improvement programs; however, the possibility exists that some of the necessary Year 2010 intersection improvements might not be constructed by 2010. As such, a significant impact could remain after Project mitigation (fee payment) and until the improvements are constructed. Year 2025 Transportation Improvements: The Project will contribute incrementally (from <1% to approximately 6.3% of total trips) to cumulative level of service deficiencies at five study area intersections in Year 2025. The Project cannot feasibly mitigate its share of those future cumulative impacts because those intersections are not AGENMA t s E -9 NO.� 680835.1 CITY COUNCIL RESOLUTION NO. 2007- PAGE 6 OF 9 scheduled for improvements under a City or County fair -share funding and implementation program. 2. Air Quality Localized Significance Thresholds: Even with the use of all feasible mitigation, the Project will result in short-term (project construction - related) air quality impacts associated with localized PM10 and PM2.5 levels adjacent to residences in the existing Canyon Hills community. Pursuant to State CEQA Guidelines Section 15093, the City must balance the benefits of the Project against any unavoidable environmental impacts in determining whether to approve the Project. If the benefits of the Specific Plan outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City has determined that the unavoidable adverse impacts that will result from Project implementation are acceptable and outweighed by specific social, economic and other benefits of the Project. In making this determination, the factors and public benefits specified below were considered. The City further finds that except for the Specific Plan, all other alternatives set forth in the EIR are infeasible because they would prohibit the realization of Specific Plan objectives and/or of specific economic, social and other benefits that this City finds outweigh any environmental benefits of the alternatives. Having reduced the adverse significant environmental effects of the Specific Plan to the extent feasible by adopting the proposed mitigation measures; having considered the entire administrative record on the Specific Plan; and having weighed the benefits of the Specific Plan against its unavoidable adverse impacts after mitigation, the City has determined that the following social, economic, and environmental benefits of the Specific Plan outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: AGENDA ITEM CIO. PAGE \�. OF13 680835.1 CITY COUNCIL RESOLUTION NO. 2007- PAGE 7 OF 9 Environmental Benefits of the Project • The Open Space conservation easements will benefit biological resources through preservation of approximately 126 acres of natural hillside and riparian areas in perpetuity and designation of an additional 24 acres of open space. (Final EIR, p. 3.8 -17) • The Open Space conservation easements will benefit the City by contributing to the City's overall conservation acreage under the MSHCP program. (Final EIR, p. 3.8 -27) • The Project will benefit biological resources and provide quality Riparian/Riverine habitat through the enhancement of Cottonwood Creek and existing riparian oak woodland, including the removal of invasive non - native plant species and revegetation with appropriate native species. (Final EIR, p. 3.8 -35) • The Project will enhance the value of Cottonwood Creek as a wildlife movement corridor extending beyond the Project Site via a 155.3 -acre open space and park plan. (Final EIR, pp. 2 -8 — 2 -11, 3.8 -35) • The Project will eliminate existing erosion conditions that have compromised the structural facilities and have caused siltation and temporary capacity reductions in the existing debris /detention basin in Tract 30492. (Final EIR, pp. 3.7 -19, 3.7 -24) • The Project will provide water quality and flood control benefits by reducing and detaining some of the existing storm flows passing through the Project Site, much of which originates from existing and developing residential properties upstream in the study area watershed. (Final EIR, p. 3.7 -32) • Through expanded detention/water quality basin design, the Project will negate more than its incremental share of runoff volumes by releasing stormwater from the Project Site at rates that are below the 100 -year storm flow capacities of downstream storm drains in the Canyon Hills development. (Final EIR, pp. 3.7 -19, 3.7 -32) Social Benefits of the Project • The Project will improve local traffic circulation and emergency vehicle access to the Project Site and surrounding properties through AGENDA ITEM NO.� PAGE ► 3 0 � CITY COUNCIL RESOLUTION NO. 2007- PAGE 8 OF 9 the proposed road improvements. (Final EIR, p. 2 -11, 2 -15 — 2 -16; 3.9 -3) • The Project will remove a potential health risk through demolition and clean up of debris, including possible asbestos - containing materials and lead -based paints. (Final EIR, p. 3.9 -7 — 3.9 -8) • The Project will provide 302 new high quality housing units that will complement housing stock already in the City. (Final EIR, p. 2 -8) • The Project will benefit the community as a whole, by removing the potential for illegal dumping, trespass, and other activities. (Final EIR, p. 3.2 -22) • The Project will provide recreational opportunities for City residents and visitors including a 5.4 -acre park. (Final EIR, p. 2 -8 — 2 -11) • The Project will provide an emergency access road that will promote emergency response and accessibility not only for the Project Site, but also for the adjacent residential areas in the County of Riverside to the south, which are currently accessible only by unimproved roads. (Final EIR, p. 3.9 -3) • The Project will provide trails and bikeways, including a special modified roadway section with an expanded eight -foot parkway on one side to facilitate a public trail system throughout the project. (Final EIR, p. 2 -15) • The Project has prepared a Fire Protection Plan that will reduce wildfire risk in the general vicinity of the Project site. (Final EIR, p. 3.13 -7) Economic Benefits of the Project • The Project is expected to be built out by 2010, providing steady construction jobs over the construction period. • The Project will contribute fees toward traffic improvements, school facilities, park facilities, fire services, police services, water facilities, and sewer facilities. • The payment of parkland mitigation fees will benefit the City's park programs. (Final EIR, p. 3.13 -13) Pic, 1 �_ _oF 13 CITY COUNCIL RESOLUTION NO. 2007-. PAGE 9 OF 9 The City has determined that the foregoing benefits provided to the public through approval and implementation of the Specific Plan outweigh the identified significant adverse environmental impacts of the Specific Plan, which cannot be mitigated. The City finds that each of the Specific Plan benefits outweighs the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable. AGENDA ME-Al NO.-42� PAGE F 3 6 RESOLUTION NO. 2007- b S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING FINDINGS THAT THE PROJECT KNOWN AS CANYON HILLS ESTATES IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2006 -04, Specific Plan No. 2006 -01, and Tentative Tract Map No. 34249 for the project identified as the Canyon Hills Estates Specific Plan (the "Project "); and WHEREAS, the 246.4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, and Crooked Arrow Drive and Crab Hollow Circle to the south and west (the "Project Site "). Cottonwood Creek flows through the northeast corner of the Project Site adjacent to Cottonwood Canyon Road; and WHEREAS, Section 6.0 of the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP ") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, action taken by the Planning Commission and City Council with regard to general plan amendment, specific plan, and tentative tract map applications are discretionary actions subject to the MSHCP; and WHEREAS, on January 16, 2007, the Planning Commission considered the Project's consistency with the MSHCP and recommends that the City Council of the City of Lake Elsinore find the Project consistent; and WHEREAS, public notice of the Project 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 January 23, 2007. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: AGENDA ITEM fro. PACE _ ®F_ / 3 C — CITY COUNCIL RESOLUTION NO. 2007- PAGE 2 OF 5 SECTION 1. The City Council has considered the Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the City Council makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the project to ensure consistency with the MSHCP criteria and other "Plan Wide Requirements. " The Project, as proposed, was found to be consistent with the MSHCP criteria. In addition, the Project was reviewed and found consistent with the following "Plan Wide Requirements ": Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Protection of Narrow Endemic Species (MSHCP § 6.1.3), Urban /Wildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP § 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The Project is not subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, but the site is not within a Criteria Cell. A LEAP was processed, but because the Project Site is not within a Criteria Cell, the Project is not subject to LEAP, and a Joint Project Review with the Western Riverside County Regional Conservation Authority ( "RCA') was not required. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and AGUQA ITEM No. �/ PAGE_ F ? 1GF_,�3_( CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 OF 5 vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. All potential impacts to riparian /riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP). The Project Site does not have vernal pools, and no sensitive species listed in Section 6.1.2 of the MSHCP are expected to occur within the Project Site due to the lack of suitable riparian vegetation and habitat, and the negative results of focused surveys. The Project is therefore consistent with Section 6.1.2 of the MSHCP. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not located in a Narrow mapped in Section 6.1.3 of the MSHCP. are not applicable to the Project. Endemic Plant Species Survey Area as Therefore the provisions of Section 6.1.3 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 (Additional Survey Need and Procedures) of the MSHCP. Five surveys were conducted on the entire site. The results of the surveys indicated that no Burrowing Owls occupied the Project site. However, the Project will be required to conduct a pre - construction survey 30 days prior to the commencement of grading. As such, the Project is consistent with Section 63.2 of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project Site is not within an MSHCP Criteria Cell. However, Cell 4951 is south of the Project Site. A number of Project design features have been included to address edge effects beyond the limits of grading at the urban /wildlands interface that are consistent with the guidelines of Section 6.1.4 of the MSHCP. In addition, the Project will avoid 126 acres of open space and include an additional 23.9 acres of open space, and a conservation easement or deed restriction will be placed over the Cottonwood Canyon Creek mitigation area in the northeastern corner of the Project Site. Therefore, the Project is consistent with Section 6.1.4 of the MSHCP. AGENDA E TEll NO.� PACE I� 0 �� CITY COUNCIL RESOLUTION NO. 2007- PAGE 4 OF 5 7. The Project is consistent with the Vegetation Mapping requirements. The Project Site is not within a MSHCP Criteria Cell. Additionally, the site is not within the Narrow Endemic Plant Species Survey Area; therefore, no Narrow Endemic Plant surveys were required. However, plant communities were mapped and sensitive plant species not adequately conserved or covered by the MSHCP were surveyed. These species include: Parry's spineflower, Plummer's mariposa lily, chaparral sand verbena, and Coulter's matilija poppy. Surveys and mapping were conducted pursuant to MSHCP requirements. Of these species, only the Parry's spineflower was observed within the study area. Of the 18,000 Parry's spineflower plants estimated to occur within the study area, approximately one percent would be impacted by the Project, and impacts to this species are considered less than significant. For the foregoing reasons, the Project is consistent with the MSHCP Vegetation Mapping requirements (Section 6.3.1). 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The Project Site is not in a Criteria Cell and is therefore not in an MSHCP Conservation Area. Criteria Cell 4951 is south of the Project Site, but the proposed fuels management as part of the Project do not encroach into Cell 4951. Therefore the Project is consistent with the Fuels Management Guidelines. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. SECTION 3. Pursuant to the above findings, the City Council hereby approves the MSHCP consistency determination. PACE �� cr_13C _ CITY COUNCIL RESOLUTION NO. 2007- PAGE 5 OF 5 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 23rd day of January 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk, CMC APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) PACE RESOLUTION NO. 2007- o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2006-04 WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2006 -04 for the project identified as the Canyon Hills Estates Specific Plan (the "Project "); and WHEREAS, the 246.4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west. Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road (the "Project Site "); and WHEREAS, Government Code Section 65300 requires each city prepare and adopt a comprehensive, long -term general plan for the physical development of the City and any land outside the City's boundaries which in the City's judgment bear relation to the City's planning; and WHEREAS, on November 27, 1990, the City of Lake Elsinore City Council approved the current version of the Lake Elsinore General Plan; and WHEREAS, the 1990 Lake Elsinore General Plan "Land Use Map" Figure designates the Project Site as Very Low Density Residential and Mountainous; and WHEREAS, on April 11, 2006, the City Council entertained a request by Trumark Companies to commence annexation proceedings for the Project Site; and WHEREAS, one of the entitlements which the City Council approved on April 11, 2006, as part of the annexation package, was General Plan Amendment (GPA) No. 2005 -08, which amended the City's General Plan Land Use Map to change the City's southern boundary and sphere of influence to incorporate the Project Site; and WHEREAS, after receiving City Council approval for the commencement of annexation proceedings, the applicant filed an application for a sphere of influence change and annexation request with the Riverside Local Agency Formation Commission ( "LAFCO "); and AGENDA ITEM, NO._,AL PAGE Q \ 0;:_L3 3 6 , CITY COUNCIL RESOLUTION NO. 2007- PAGE 2 OF 6 WHEREAS, on October 26, 2006, LAFCO approved the sphere of influence request by way of LAFCO Resolution 2006 - 105 -1 &3, which added the Project Site to the City of Lake Elsinore's Sphere of Influence and removed the Project Site from the Wildomar Unincorporated Community (UC); and WHEREAS, at a duly noticed public hearing on January 16, 2007, the Lake Elsinore Planning Commission considered the proposed General Plan Amendment and made a recommendation that the City Council approve the proposed modification to the City's Land Use Map; and WHEREAS, pursuant to Section 17.80.010 of the City of Lake Elsinore Municipal Code, the City Council of the City of Lake Elsinore is responsible for making decisions regarding general plan amendments; and WHEREAS, public notice of the Project 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 January 23, 2007. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a decision, the City Council has reviewed and analyzed the General Plan Amendment pursuant to the State Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) to determine the appropriateness of changing the general plan land use designation from Very Low Density Residential and Mountainous to Low Density Residential. SECTION 2. In accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of General Plan Amendment No. 2006 -04: 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. AGENDA ITEM, PSG. PAGE,_ ®+ _ CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 OF 6 The proposed General Plan Amendment will change the Project Site's General Plan land use designation to Low Density Residential. Currently, the Project Site has a General Plan land use designation of Very Low Density Residential and Mountainous, which allow residential and accessory land uses. The proposed land uses are similar to existing and approved uses on all sides of the Project perimeter and roadway network. Environmental Impact Report No. 2006 -02 ( "EIR') was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Specific Plan. The EIR states that most of the potentially significant environmental impacts have been reduced to a level of less than significant through implementation of project design features, standard conditions, and project - specific mitigation measures. Significant short -term air quality impacts and cumulative transportation impacts have been identified as unavoidable and significant, and a statement of overriding considerations has been prepared relative to those impacts. The significant air quality impacts are only construction related and will not have long term effects. The intersection impacts will occur with or without the Project, which does contribute an insignificant amount of traffic to the impacted intersection. Therefore, the Project will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the Project. Furthermore, because the Project is a residential community, the Project will not be injurious to the property or improvements in the neighborhood surrounding the Project Site or within the City. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. AGENDA ITEM NO.�_ PAC E_�0F_ 3 CITY COUNCIL RESOLUTION NO. 2007- PAGE 4 OF 6 The Project Site has been pre -zoned Specific Plan, which requires the preparation of a Specific Plan for the purpose of master planning the site prior to allowing development to occur. Furthermore, section 17.99.010 of the Lake Elsinore Municipal Code states that the purpose of the Specific Plan zoning district is to enhance the appearance and livability of the community through encouragement of creative approaches to the use of land and the design of facilities; and, to promote and create public and private open space as an integral part of land development design. To this end, the Canyon Hills Estates Specific Plan will include residential, open space and park uses consistent with the Low Density Residential General Plan designation and compatible with the surrounding residential, open space and park land uses surrounding the Project Site. The Canyon Hills Estates Specific Plan utilized an integrated multi - disciplinary, "environment- based " planning methodology involving environmental resource specialists, land planners, landscape architects, civil engineers, visual resource specialists and water resource specialists. With this approach, the existing topography and location of public services and environmental resources formed the basis for integrating new development into the Project Site. The resulting Specific Plan for the 246 acres is sensitive to the site's topography and environment, responsive to the opportunities and constraints of the site and compatible with the City of Lake Elsinore General Plan Goals, Objectives and Policies. Furthermore, the Specific Plan incorporates open space buffers that will create transition areas between the Canyon Hills Estates project and the adjacent uses. The Specific Plan also and states that an objective of the Project is to create a residential planned community of appropriate density, scale, and infrastructure which respects the existing topography and environmental sensitivity of the project site and surrounding land uses, which was achieved through site design, Project Features and Mitigation Measures identified in EIR No. 2006 -02 and Design Guidelines identified in Chapter V of the Canyon Hills Estates Specific Plan. 3. The proposed General Plan Amendment would establish a land use designation and usage more in character with the subject property's location, access, and constraints. The master planned community of Canyon Hills lies just north of the Project Site. Canyon Hills' residential neighborhoods are comprised of 5,000 square foot lots, which is a higher density than the Project Site and surrounding properties' General Plan designations. Changing the land use designation for the Project Site AGENDA iTEM NO. -21 PACs =__2�O . CITY COUNCIL RESOLUTION NO. 2007-, PAGE 5 OF 6 to Low Density Residential will create a neighborhood that is more in character with the pre- existing Canyon Hills development. In addition, the Low Density Residential designation will create a more natural transition from the higher density residential neighborhoods of Canyon Hills to the rural residential areas surrounding the Project Site. Residential clustering results in a residential product that compliments the topography and location of the Project Site. Finally, the Project will use existing points of access for the future residential community. SECTION 3. Based upon the above findings, the Staff Report, conditions of approval and documentary and oral testimony presented, the City Council hereby approves General Plan Amendment No. 2006 -04. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM iVo._,;Z% PACE- n.-.__o��_ CITY COUNCIL RESOLUTION NO. 2007-. PAGE 6 OF 6 PASSED, APPROVED AND ADOPTED this 23rd day of January 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore AGENDA ITEIM �a PACE Q �. F 33 4 ORDINANCE NO. d`7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2006-01 WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of Specific Plan No. 2006 -01 for the project identified as the Canyon Hills Estates Specific Plan (the "Project "). The 246.4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, and Crooked Arrow Drive and Crab Hollow Circle to the south and west (the "Project Site "). Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road; and WHEREAS, on January 16, 2007, the Planning Commission of the City of Lake Elsinore considered the proposed Specific Plan and recommended that the City Council of the City of Lake Elsinore approve the Specific Plan; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions for approval of specific plans; and WHEREAS, public notice of the Project 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 January 23, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Prior to making a decision, the City Council has reviewed and analyzed Specific Plan No. 2006 -01 pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) and Chapter 17.99 of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. That in accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Specific Plan No. 2006 -01: 680711.1 PACE �° CITY COUNCIL ORDINANCE NO. PAGE 2 OF 6 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. The Canyon Hills Estates Specific Plan meets the City's specific plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. The Canyon Hills Estates Specific Plan has been prepared to provide the essential link between the City's General Plan policies and actual development within the Project Site. The Specific Plan provides for the orderly and efficient development of the Project Site in accordance with the City's General Plan programs, goals, policies, and implementation measures. The Specific Plan functions as a regulatory document and implements the City's General Plan through land use provisions, development regulations, and design guidelines. Accordingly, the proposed Specific Plan is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed location shall allow the development to be well - integrated with or adequately buffered from its surroundings, whichever may be the case. The Canyon Hills Estates Specific Plan conforms to the topography of the Project Site and appears as an extension of the existing Canyon Hills development immediately to the north. The Project Site slopes downward from south to north and faces the Canyon Hills development; the northern portion of the Project Site lies at the same elevation as the Canyon Hills development; and the existing infrastructure improvements (road, water, sewer and dry utilities) and community services (retail and service commercial, parks and schools) abut the Project Site to the north. The Specific Plan includes a 5.4 acre park in the northeast corner of the Project Site as a natural and aesthetically pleasing gateway feature for the Project Site. The Specific Plan includes 149.9 acres of open space to provide a natural appearing visual backdrop to the lower residential development area and the community of Canyon Hills. The proposed project is appropriate to the site and surrounding developments in that the project will construct single-family detached units in accordance with appropriate development and design standards contained in the Canyon Hills Estates Specific Plan. The project creates interest and varying vistas as a person moves along any project street. The project also complements 680711.1 AGLN"DA ITEM NO. PAcFJ_oF l CITY COUNCIL ORDINANCE NO. PAGE 3 OF 6 the quality of existing neighboring development and will continue to provide visually pleasing design and architecture within the immediate area. 3. All vehicular traffic generated by the development, either in phased increments or at full build -out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The proposed Canyon Hills Estates Specific Plan has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The circulation concept in the Specific Plan consists of an internal street system supporting the land use allocations in the Specific Plan with connections to surrounding vehicular access streets and pedestrian linkages. The City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. The layout and design standards for streets in the Specific Plan allow the community to safely meet the circulation needs of the residents and users of the Project Site. 4. The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by City Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The Final Specific Plan properly identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. The Final Specific Plan identifies necessary streets and circulation to support the proposed land use allocations. The Project is designed as an extension of the adjacent Canyon Hills community to the north. Water, sewer, electricity, natural gas, schools and other public facilities and services will be available from the City through the existing community of Canyon Hills north of the Project Site. In addition, the Specific Plan identifies a 5.4 acre park site for common use of the residents, approximately 126 acres of open space for dedication and preservation, and an additional 23.9 acres of open space. 680711.1 PACE a°` op- r CITY COUNCIL ORDINANCE NO. PAGE 4 OF 6 5. The overall design of the Specific Plan will produce an attractive, efficient and stable development. The proposed Canyon Hills Estates Specific Plan has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate residential area. The project, as proposed, will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects, in that the proposed use has been reviewed to ensure adequate provision of screening from the public rights -of -way or adjacent properties. The Canyon Hills Estates Specific Plan conforms to the topography of the Project Site and appears as an extension of the existing Canyon Hills development immediately to the north, thereby facilitating the efficient provision of public services and facilities. The Specific Plan provides for the orderly and efficient development of the Project Site in accordance with the City's General Plan through land use provisions, development regulations, and design guidelines. The design guidelines in the Specific Plan establish the framework to achieve harmony and compatibility within residential neighborhoods, while promoting high quality architectural design. The Canyon Hills Estates Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Specific Plan and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non - significance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. 680711.1 AGENDA HEM 140. 2l PAGE 0 g- /�� CITY COUNCIL ORDINANCE NO. PAGE 5 OF 6 Environmental Impact Report No. 2006 -02 ( "EIR') is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Specific Plan. The EIR states that most of the potentially significant environmental impacts have been reduced to a level of less than significant through implementation of project design features, standard conditions, and project - specific mitigation measures. Significant short - term air quality impacts and cumulative transportation impacts have been identified as unavoidable and significant, and a statement of overriding considerations has been prepared relative to those impacts. SECTION 3. Based upon the above findings, the Staff Report, conditions of approval and documentary and oral testimony presented, the City Council hereby approves Specific Plan No. 2006 -01. 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. 680711.1 AGENDA ITEM NO, .21� PACE 31 OF CITY COUNCIL ORDINANCE NO. PAGE 6 OF 6 INTRODUCED AND APPROVED UPON FIRST READING this 23rd day of January 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this _ day of , 2007, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, City Clerk, CMC APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore 680711.1 AGENDA ITEM N0. PAGE 3a OF/2% RESOLUTION NO. 2007-_01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 34249 WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 34249 which subdivides 246.40 acres of land into 317 total lots including 302 residential lots, 1 lot for a public park, 2 lots for water tank sites, and 12 open space lots (the "Project "); and WHEREAS, the 246.4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, and Crooked Arrow Drive and Crab Hollow Circle to the south and west (the "Project Site "). Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road; and WHEREAS, on January 16, 2007, the Planning Commission of the City of Lake Elsinore considered Tentative Tract Map No. 34249 and recommended that the City Council approve the subdivision map as proposed; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions pertaining to the subdivision of land; and WHEREAS, public notice of the Project 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 January 23, 2007. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a decision, the City Council has reviewed and analyzed Tentative Tract Map No. 34249 pursuant to the Subdivision Map Act (Cal. Gov. Code §§ 66410 et seq.) and Title 16 of the Lake Elsinore Municipal Code ( "LEMC "). 680791.1 ACiENDA i f EM N0. PAGE 'Y3 CITY COUNCIL RESOLUTION NO. 2007-, PAGE 2 OF 6 SECTION 2. In accordance with the Subdivision Map Act and Title 16 of the LEMC, the City Council makes the following findings for the approval of Tentative Tract Map No. 34249: 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the City's General Plan, Zoning Code, Title 16 of the Municipal Code relating to Subdivisions, the Canyon Hills Estates Specific Plan, and the State Subdivision Map Act. The design of the subdivision and density of 1.23 dwelling units per acre is consistent with the General Plan designation of Low Density Residential, which accommodates residential development up to 3 dwelling units per acre. The design of the subdivision and density of 1.23 dwelling units per acre is consistent with the Canyon Hills Estates Specific Plan ( "Specific Plan') which limits the density of the Project to 1.23 dwelling units per acre. The Specific Plan provides for the orderly and efficient development of the Project Site in accordance with the City's General Plan programs, goals, policies, and implementation measures. The Specific Plan functions as a regulatory document and implements the City's General Plan through land use provisions, development regulations, and design guidelines. The regulations and standards for the Specific Plan will constitute the zoning for the Project Site. The Tentative Tract Map is consistent with the land use provisions, development regulations, and design guidelines of the Specific Plan. The Project is consistent with the designated land use planning area, development and design standards, and all other requirements contained in the City's General Plan, Zoning Code, Subdivision Code, the Canyon Hills Estates Specific Plan, and the Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Project is consistent with the land use plan, development and design standards and programs, and all other requirements of the General Plan and Canyon Hills Estates Specific Plan. The General Plan designates the Project Site as Low Density Residential. The Canyon Hills Estates Specific Plan designates the Project Site as Single Family Residential 1 (SF -1) (minimum lot size of 7,200 square feet) and Single Family Residential 2 (SF -2) (maximum density of 6.8 680791.1 AGENDA ! i Lid fib®. PACE _® CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 OF 6 dwelling units per acre). Tentative Tract Map No. 34249 is consistent with the SF- I and SF -2 designations and applicable development and design standards because the maximum density incorporated into the Tentative Tract Map is 1.23 dwelling units per acre. The Specific Plan provides for the orderly and efficient development of the Project Site in accordance with the City's General Plan programs, goals, policies, and implementation measures. The Specific Plan functions as a regulatory document and implements the City's General Plan through land use provisions, development regulations, and design guidelines. The Tentative Tract Map, is consistent with the land use provisions, development regulations, and design guidelines of the Specific Plan; and the objectives, policies, general land uses and programs specified in the General Plan. 3. The Project Site is physically suitable for the type and proposed density of the development. The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Canyon Hills Estates Specific Plan. The Specific Plan limits the density of the overall Project Site to 1.23 dwelling units per acre, and the Project includes 149.9 acres of open space and a 5.4 acre park. The Preliminary Geotechnical Investigation Report for the Project (August 2006) concluded that the Project Site is suitable for the proposed residential development provided that its recommendations are implemented. 4. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced (Government Code Section 66412.3). In light of General Plan Amendment No. 2006 -04 and Specific Plan 2006 -01, the Project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, and will pay all appropriate fees. Environmental Impact Report No. 2006 -02 ( "EIR') states that most of the potentially significant impacts, including those related to public services, have been reduced to a level of less than significant through the implementation of project design features, standard conditions, and project - specific mitigation 680791.1 AGENWA ! i ENI f:0._.J92,J_ PAGE 3 5 0F_L2(0_ CITY COUNCIL RESOLUTION NO. 2007- PAGE 4 OF 6 measures. The EIR states that significant short -term air quality impacts and cumulative traffic impacts will remain, for which a statement of overriding considerations must be adopted to justify the merits of project implementation. The proposed subdivision's effects upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced in the Project EIR and Plan of Services. 5. The design of the subdivision and its improvements are not likely to cause substantial environmental damage or substantially damage or substantially and avoidably injure fish or wildlife or their habitat. The Project is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan ( "MSHCP'). The EIR states that most of the potentially significant environmental impacts of the Project have been reduced to a level of less than significant through the implementation of project design features, standard conditions, and project - specific mitigation measures. Specifically, the EIR states that the Project, inclusive of project design features and mitigation measures, will mitigate all significant adverse impacts to oak woodlands, Stephens' kangaroo rat, nesting birds, and jurisdictional features to below a level of significance. The design of the subdivision and its proposed improvements are not likely to cause substantial environmental damage or substantially damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision and its proposed improvements are not likely to cause serious public health problems. The EIR states that most of the potentially significant impacts of the Project have been reduced to a level of less than significant through the implementation of project design features, standard conditions, and project - specific mitigation measures. Specifically, the Draft Environmental Impact Report states that implementation of standard local, state, and federal regulations and mitigation measures governing human health hazards, risk of upset and emergency preparedness would reduce public health and safety impacts to less than significant levels. The design of the subdivision and its proposed improvements are not likely to cause serious public health problems. 680791.1 AGENDA i i Ufa f i WAGE o� CITY COUNCIL RESOLUTION NO. 2007-. PAGE 5 OF 6 7. The design of the subdivision and its improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The Project Site is not subject to any easement for access through, or use of, property within the subdivision. The design of the subdivision and its improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. 8. The design of the subdivision provides, to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66473.1). Government Code Section 66473.1(b)(1) and (2) indicate that examples of passive or natural heating and cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east -west alignment for southern exposure, and to permit orientation of a structure to take advantage of shade or prevailing breezes. The Project subdivision has been designed to include a variety of lot sizes ranging from 3,000 square feet to over 20, 000 square feet, and a variety of lot configurations. Lot configurations and lot sizes were determined based upon the consideration of multiple factors, including, but not limited to: passive or natural heating or cooling opportunities, contours, circulation, access, open space buffers and biological resources. Because much of the site is a north facing slope, passive or natural heating opportunities are limited. Similarly, opportunities were limited to orient the lots to take advantage of southwest prevailing winds due to site contours. Where feasible, lots were configured to permit orientation of a structure in an east -west alignment for southern exposure and to permit orientation of a structure to take advantage of shade or prevailing breezes. Additionally, the Project will comply with all appropriate energy conservation requirements of the City and Uniform Building Code. SECTION 3. Based upon the above findings, the Staff Report, conditions of approval and documentary and oral testimony presented, the City Council hereby approves Tentative Tract Map No. 34249. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. 680791.1 AGENDA ITEM _0. �I 3 _ PAGE �� G- CITY COUNCIL RESOLUTION NO. 2007- PAGE 6 OF 6 PASSED, APPROVED AND ADOPTED this 23rd day of January 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, City Clerk, CMC APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore 680791.1 AGEtNDjA r 7 ,: A 1V0. 2/ ,PAGE �� �� o --�.�. CONDITIONS OF APPROVAL SPECIFIC PLAN NO. 2006-01 TENTATIVE TRACT MAP NO. 34249 GENERAL PLAN AMENDMENT NO. 2006-04 CANYON HILLS ESTATES SPECIFIC PLAN GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Environmental Impact Report, General Plan Amendment No. 2006 -04, Specific Plan No. 2006 -01, and Tentative Tract Map No. 34249 (collectively, the "Project "). PLANNING DIVISION 2. All conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All conditions of approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. The applicant shall comply with the City's Noise Ordinance as set forth in Lake Elsinore Municipal Code Chapter 17.78. 4. The applicant shall prepare a final landscape plan subject to the review and approval of the Director of Community Development or designee. The plan shall incorporate details identifying screening, irrigation and aesthetic mitigation of the on -site water tanks. Said landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. 5. Approval of the Project is expressly conditioned upon Riverside LAFCO's approval of Annexation No. 75. If the City does not receive from Riverside LAFCO a certificate of completion of Annexation No. 75 within two (2) years from the date of City Council approval of the Project, the City Council approval of the Project shall be null and void. No subdivision, construction, development, or grading of the Project shall be undertaken prior to the City's CONDITIONS OF APPROVAL PAGE 2 OF 15 CANYON HILLS ESTATES receipt of a certificate of completion of Annexation No. 75 from the Riverside LAFCO. SPECIFIC PLAN NO. 2006-01 6. The Draft Canyon Hills Estates Specific Plan shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council. A Final Canyon Hills Estates Specific Plan document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the Canyon Hills Estates Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee. 7. Future development shall comply with those standards and guidelines contained in the Canyon Hills Estates Specific Plan document. 8. Those issues, standards, guidelines, etc. not addressed in the Canyon Hills Estates Specific Plan shall revert to the Lake Elsinore Municipal Code in effect at the time any future development is proposed. 9. The applicant shall participate in and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 10.The applicant shall provide all project - related onsite and offsite improvements as described in the Canyon Hills Estates Specific Plan document. TENTATIVE TRACT MAP NO. 34249 11.The Tentative Tract Map No. 34249 shall expire two (2) years from date when the City receives notice of completion of Annexation No. 75 from Riverside LAFCO, unless within that period of time a Final Map has been filed and recorded with the County Recorder, or an extension of time is AGENIDiq PA GE CONDITIONS OF APPROVAL PAGE 3 OF 15 CANYON HILLS ESTATES granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 12.The Tentative Parcel Map No. 34249 shall comply with the Subdivision Map Act and shall comply with all applicable requirements of Title 16 of the Lake Elsinore Municipal Code unless modified by these conditions of approval. 13.Prior to issuance of a final certificate of occupancy for Tentative Parcel Map No. 34249, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be satisfied. All uncompleted improvements must be bonded for as part of the agreements. 14.Prior to approval of the Final Map, or prior to issuance of building permit if deemed appropriate by the City Engineer, the applicant shall create and complete the formation of a Homeowner's Association for the Project. The Homeowner's Association shall be approved by the City. To the extent that the Homeowner's Association will be governed by Articles of Incorporations, Covenants, Conditions and Restrictions ( "CC &Rs "), or any other such instrument, those documents shall be submitted to the City Planning & Engineering Departments and City Attorney's Office for review and approval. 15.The CC &Rs drafted for the Project's Homeowner's Association shall expressly designate the City as a third party beneficiary. Specifically, the CC &Rs shall state, "The City of Lake Elsinore and its successors and assigns are expressly made third party beneficiaries to this Declaration and the conditions, covenants and restrictions contained herein governing the use, operation and maintenance of the Property. The City has the right, but not the obligation, to enforce the provisions of this Declaration. Any amendment to this Declaration shall require the written consent of the City." AGENDAi5MM NO. 2/ PAGE 4\ CF CONDITIONS OF APPROVAL PAGE 4 OF 15 CANYON HILLS ESTATES 16.The CC &Rs drafted for the Project's Homeowner's Association shall comport with the terms and conditions set forth in these conditions of approval. 17.All construction shall comply with these conditions of approval, the provisions and requirements contained in the Canyon Hills Estates Specific Plan, and the guidelines for development set forth in the Lake Elsinore Municipal Code. 18.The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Chapter 15.72 of the Lake Elsinore Municipal Code. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineering. 19.The applicant shall comply with all applicable City Codes and Ordinances. 20.A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 21.The design and construction of the project shall meet all County Fire Department standards for fire protection. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 22.The project shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 23.Prior to issuance of building permits, the applicant shall pay park -in -lieu fee in effect at time of building permit issuance or dedicate the proposed approximately 5.4 acre park area to the City. AGENDA ITEM PAGE 4a G�= CONDITIONS OF APPROVAL PAGE 5 OF 15 CANYON HILLS ESTATES 24.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 25.The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of each building permit. ENVIRONMENTAL 26.The following mitigation measures related to the protection of Cultural Resources shall be implemented as described below: • TS -01 shall be avoided and preserved where feasible including a 10 meter buffer surrounding the boundaries of TS -01 to protect the delineated site area and any associated subsurface components. Protective fencing during construction shall be provided to protect TS -01 where feasible. • Prior to the issuance of any grading permits, a Phase II cultural resources testing and evaluation program shall be conducted for TS- 01 and TS -02. The Phase II evaluation plan shall contain a research design and field methodology designed to evaluate the significance of the sites pursuant to applicable law and in accordance with general archaeological reporting standards for such. If Phase II testing determines the presence of a "unique archaeological resource" under Public Resources Code Section 21083.2, the report shall include recommended measures to avoid or mitigate impacts to the sites. Where avoidance of significant resources is not feasible, Phase III investigations (data recovery) shall be completed. • All testing and evaluation shall be supervised by an individual or individuals meeting the Secretary of the Interior's Professional Qualifications Standards as a qualified prehistoric archaeologist for Site TS -01 and as an historic archaeologist for Site TS -02 and/or a Registered Professional Archaeologist (RPA) with similar qualifications. AGENDA ITEM PACE!_DF / 3 CONDITIONS OF APPROVAL PAGE 6 OF 15 CANYON HILLS ESTATES • If the Phase II cultural resources evaluation program determines that a given resource is eligible for listing on the California Registry of Historic Resources (CRHR) and/or local listings and therefore meets the definition of an "historical resource," or if there is a determination by the City in consultation with the Pechanga Tribe that a resource is "unique" pursuant to applicable law, an impact determination shall be made prior to issuance of grading permits. If the impacts are determined to be significant, appropriate mitigation measures shall be designed in consultation with the Pechanga Tribe to mitigate impacts to below a level of significance with preservation as the preferred mitigation if feasible. If preservation is not the chosen alternative, a data recovery program shall be implemented. The data recovery program shall entail, at a minimum, the collection of surface materials and a sufficient sample of buried materials, analysis, and reporting of recovered materials consistent with the Cultural Resources Treatment and Monitoring Agreement by and between the Project Applicant and the Pechanga Tribe. • Prior to issuance of grading permit(s) for the Project, the Project Applicant shall retain an archaeological monitor to monitor all ground- disturbing activities with special emphasis on the vicinity of TS -01 and TS -02 in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. • At least 30 days prior to seeking a grading permit, the project applicant shall contact the Pechanga Band of Luiseno Indians for the purpose of notifying the Tribe of the grading, excavation and monitoring program, and to coordinate with the City of Lake Elsinore and the Pechanga Band of Luiseno Indians to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American monitors during grading, excavation and ground disturbing activities; AGENDA ITOW PACE -OF CONDITIONS OF APPROVAL PAGE 7 OF 15 CANYON HILLS ESTATES project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The City of Lake Elsinore shall be the final arbiter of any disputes concerning the conditions included in the Agreement. • Prior to issuance of any grading permit, the project archaeologist shall file a pre - grading report with the City and County (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the Treatment Agreement, the archaeological monitor's authority to stop and redirect grading shall be exercised in consultation with the Pechanga Band of Luiseno Indians in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. • If human remains are encountered, State Health and Safety Code Section 7050.5 shall apply and no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The Riverside County Coroner shall be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of discovery. The MLD shall complete the inspection and provide its recommendations pursuant to Public Resources Code 5097.98. AGENDA r T E4 A NO. 2 \ PACE 4S of 13 CONDITIONS OF APPROVAL PAGE 8 OF 15 CANYON HILLS ESTATES 27.The applicant shall implement all mitigation measures identified in Environmental Impact Report No. 2006 -02 and its Mitigation Monitoring Program. ENGINEERING DIVISION 28.A grading plan, signed and stamped by a California Registered Civil Engineer, shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 29.Prior to commencement of grading operations, applicant shall provide the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 30.All grading shall be done under the supervision of a geotechnical engineer who shall also certify, for stability and proper erosion control, all slopes approved by the City to be steeper than 2 to 1. 31.An Encroachment Permit shall be obtained prior to any work on City right - of -way. 32.Street improvements, traffic signing and striping are required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet City and/or Riverside County standards. 33.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 34.Applicant shall pay all applicable development impact/mitigation fees, including but not limited to TUMF, MSHCP,TIF and Area Drainage Fees. AGENDA ITEI"Ti No.�_.._ PAGEF 13 CONDITIONS OF APPROVAL PAGE 9 OF 15 CANYON HILLS ESTATES The amount to be paid for each fee shall be consistent with the fee in effect per each fee's implementing ordinance. 35.10 -year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 36.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 V? x I V Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 37.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 material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 38.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 39.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. Diversion of historic flows shall not be allowed. a. Roof drains shall not be allowed to outlet directly through coring in the street curb. 40.Roofs should drain across a minimum of 20 -feet of landscaped area. 41.The applicant shall provide for the detention of storm water increases due to the project as increased from historic flow volumes. Basins shall be designed consistent with Riverside County Flood Control District standards. AGENDA @ e Else No. ' \ PACE 4� c F-13 C CONDITIONS OF APPROVAL PAGE 10 OF 15 CANYON HILLS ESTATES 42.The applicant shall comply with all NPDES requirements, including the submittal of a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 43.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rp ohibit the discharge of waste into storm drain systems or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. 44.PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waiver — is strictly prohibited by local ordinances and state and federal law. Prior to Issuance of a Grading Permit 45.If the grading is less than 50 cubic yards and a grading plan is not required, a site plan showing proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 46. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 47.The approved grading plan shall show conveyance of any storm water historically traversing the project site. The storm drain design shall convey, at a minimum, the 100 year storm event detailing overland release of any supplemental water volume. AGENDA ITE;A NO. ��_- -_____ PACE Q �GF 13 L CONDITIONS OF APPROVAL PAGE 11 OF 15 CANYON HILLS ESTATES 48.Provide soils, geology and seismic report for plan check review and approval. Provide final soils report showing compliance with recommendations. 49.The applicant shall obtain all necessary off -site easements for off -site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. a. Applicant shall provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 50.Applicant shall provide the city with proof of filing a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 51.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction, which describes BMP's that shall be implemented for the development and including maintenance responsibilities. Prior to Issuance of Building Permit 52.Unless other timing is indicated, all Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to building permit. 53.The applicant shall construct a full 40 -foot street section on 60 -feet of dedicated right of way as the modified section with expanded parkway for project site internal public streets. AGENDA JUPA PACE t4c� CONDITIONS OF APPROVAL PAGE 12 OF 15 CANYON HILLS ESTATES 54.Cottonwood Canyon Road shall be constructed with 48 -feet of road section from curb to curb with a dedicated right of way width of 70 -feet. 55.The applicant shall construct a 24 -foot street section with asphalt dyke on the southerly side and curb, gutter and sidewalk improvements on the northerly side of Navajo Springs Road. In addition, the applicant shall provide geotechnical data to support a slope steeper than 2:1 between the toe of slope and right of way line. 56.The applicant shall construct a 32 -foot street section with asphalt dyke on the southerly side and curb, gutter and sidewalk improvements on the northerly side of Lost Road. All slopes exceeding 2:1 shall be approved prior to issuance of grading permit. 57.All project site internal private local streets shall have a minimum 36 -foot section with rolled curbs constructed on a 46 -foot easement. 58.The applicant shall comply with access requirements from the Fire Department. 59.The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. The Will Serve letter shall be submitted prior to applying for a building pernut. 60.The applicant shall pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC 16.34) including, but not limited to Traffic Improvement Fee, Transportation Uniform Mitigation Fee, Area Drainage fee. Prior to Occupancy 61.All compaction reports, grade certifications, monument certifications (with AGENDA ITEM CIO. PACE 5O o,;: 3 L CONDITIONS OF APPROVAL PAGE 13 OF 15 CANYON HILLS ESTATES tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division. 62.All public improvements including signing and striping, and street lighting shall be completed in accordance with the approved plans or as condition of development to the satisfaction of the City Engineer. 63.Onsite circulation of the Project shall be completed to the satisfaction of the Fire Department. 64.The applicant shall coordinate the construction of a street light with Southern California Edison consistent with the City Standard street light spacing. 65. Water and sewer improvements shall be completed in accordance with Water District requirements. COMMUNITY SERVICES DEPARTMENT 66.The applicant shall dedicate five (5) acres of park land to the City in perpetuity. The Park Site shall be equestrian in design and located off of Cottonwood Canyon Road (as per preliminary park site plan) intersecting Street "A ". 67.Regional Trail Connections shall be integrated into the development. 68.Construction of the Park Site shall be completed at the opening of the first model home. 69.Prior to issuance of building permits, the developer shall dedicate the 5.4 acre park area to the City. Park credit fees towards park construction shall be applied (302 units @ $1,600 = $483,200). However, all interior landscape, recreation areas, facilities and/or open space that are maintained by the Homeowner's Association will not receive park credits. AGENDA ITEi'M N'0- PACE 51 OF,�L�� CONDITIONS OF APPROVAL PAGE 14 OF 15 CANYON HILLS ESTATES 70.The applicant shall participate in the "Public Facility" fee program. 71. The applicant shall comply with all NPDES storm water requirements. 72.The Homeowner's Association shall maintain all natural and manufactured slopes. 73.The Homeowner's Association shall maintain all drainage facilities and structures. 74.The Homeowner's Association shall maintain all catch basins, collectors, v- ditches or any other related flood control or storm water control device. 75.The Homeowner's Association shall to maintain all exterior walls and landscaping. 76.The applicant shall participate in the City -wide LLMD. Prior to issuance of certificates of occupancy, the developer shall annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 77.The applicant shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 78.Prior to issuance of the final certificate of occupancy, the applicant shall provide the City with an inventory of all street signs, street markings, street trees and total square footage of all streets in a digital format acceptable to the City. 79.The applicant shall satisfy all City curb, gutter and sidewalk requirements. 80.The City shall retain final review and approval authority over all park development and implementation plans. 81.The City's Landscape Architect shall review all landscape and/or irrigation AGE €'', DA 170A N-0. ZI FAGS O CONDITIONS OF APPROVAL PAGE 15 OF 15 CANYON HILLS ESTATES plans. ADMINISTRATIVE SERVICES DEPARTMENT 82.Annex into CFD 2003 -1: Prior to approval of the Final Map, the applicant shall annex into the Mello -Roos Community Facilities District 2003 -1 to offset the annual negative fiscal impacts of the Project on public safety operations and maintenance issues in the City. 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(a-0arris- assoc.com. 83.Annex into CFD 2006 -5: Prior to approval of the Final Map, the applicant shall annex into the Mello -Roos Community Facilities District 2006 -5 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(a�harris- assoc.com. 84.Annex into LLMD No. 1: Prior to approval of the Final Map, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the Project on public right -of- way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 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(a harris- assoc.com. PACE S3 c� MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 16, 2007 CALL TO ORDER: Chairman O'Neal called the Regular Planning PLEDGE OF ALLEGIANCE: Commissioner Flores led the Pledge of Allegi ROLL CALL PRESENT: COMMISSIONERS: ABSENT: Also present were: Manager 70"M Planner Rgigndin 1. Minutes PUBLIC HEARING ITEMS issiaap Meet & o order at 6:07 pm. ES, FLORES, LLI I 4f q Development Preisendanz, Planning erne Sa, Engineering Manager Seumalo, Associate j.p.hst Herrington. Agenda Item No. I -7 I I Page of 3� PAGE 2 - PLANNING COMMISSION MINUTES - January 16, 2007 5. Canyon Hills Estates: Environmental Impact Report No. 2006 -02, General Plan Amendment No. 2006 -04, Specific Plan No. 2006 -01 and Tentative Tract Map No. 34249. Staff is requesting consideration of: • Environmental Impact Report No. 2006 -02; and • General Plan Amendment (GPA) No. 2006 -94 to re- designate the k. Project Site from Very Low Density liesidential (VLDR) and Mountainous (M) to Low Density Reso4oal (LDR); and • Specific Plan No. 2006 -01 - Adopfon ` ©f the Canyon Hills Estates Specific Plan; and • Tract Map 34249 - to permit.su� division of the pmlect site. CASE PLANNER Kirt RECOMVIENDATI E xt. 274,' k�,ury@ lake- elsinore. org of the staff report. of the Commission. The proposed project, Tom identified as Canyon Hills Estates is located in the Canyon Plan development is located here, Lost Road is over off to the side, Pine Avenuecated here, Cottonwood Canyon Road goes through, divides the site at this point. Excuse me, as the Planning Commission is aware the item was continued from the December 19`' Planning Commission meeting to this evening of January 16`x. The continuance was requested for the environmental noticing period to close on December 27`h. It should be noted that since the Planning Commission is the recommending body and not Agenda Item No. Page S �;—' of /3 6 PAGE 3 - PLANNING COMMISSION MINUTES - January 16, 2007 the approving body the project could have been, could have proceeded forward as originally scheduled without anyviolation or compromise of the California Environmental Quality Act. However, due to the nature of the comments that staff was receiving it was, staff felt that it was prudent to continue the item until after the environmental noticing period had closed hence the meeting this evening. At the close of the environmental noticing periods, staff received 15 comment letters regarding the project and identified as Exhibit F of your staff report and staff has commented and respond to thosQmment letters identified as Exhibit G. In October of 2005 the propertyo'wners of the p�Iect site filed an application with the City requesting that their property be annexed into the City of Lake �� k Elsinore. On April 11`h of 2006 the City Council appro �d the annexation project and commenced the annexation proceedings fQrthe project sit e3 After the City Council adopted the Resolution commencing the annexati — proceedings staff su # #fitted an application to LAFCO for an amendment to,the City's Sphere of Influ- Tice "' oundaryto include this project site. On October 26 2006 LAFCO approved the boundary change by way of LAFCO Resolution 206&iQ5 1 A43 an amendment to the Sphere of Influence of the City of Lake Els nand . remova Tom the Wildomar unincorporated community. The project proposed before you yening includes a General Plan Amendment, Specific Plan, Tentage Tract Map identified as the previously identified Draft EIR. The General Plan ?di ndment N change the Caty of Lake Elsinore's general plan designation from very low dens"", mountainous to low density residential. The Specific Plan, the purpose of the Canyon Hills Estate Specific Plan is to provide an orderly and efficient development of the project site. Canyon FM Estates will be a planned residential community containing a maximum of 302 dwelling units with a public park open space, I'm sorry, with a public park and open space integrated into the project design. Canyon Hills Agenda Ite � m No. I Page � / � of 13L PAGE 4 - PLANNING COMMISSION MINUTES - January 16, 2007 Estates is designed to conform to the topography of the site and appear as an extension of the existing Canyon Hills development immediately to the north. The Canyon Hills Estate Specific Plan divides the project into three basic land categories: residential; public park and open space. The residential category has two subcategories of single family residential SF1 and single family residential SF2. Design Guidelines are Specific Plan identifying the development standards for those residential 1 consists of lot size ranging from a minimum of 7 single family residential 2 identifies lot sizes with a minimum 64 dwelling, I'm sorry a 64 residential lots. Theo F park a 5.4 acre site which again is located in this location with tt through here. The open space is towai* the center of the also the most mountainous of the area if $at is �u c again has been designed to take. into considetiori`that development occurs grading dill take into c�risider ,.,�. 5 of the The single family ,200 sever 20,000 sf. The size of 3,000 Sf and propose a designation has beert:assianed to lod Canyon Road going in this location which is ignateit as. The Specific Plan area and will once the hillside area as well. The design of the subdivision t'esults * a.density of 121;'� 'dwelling units per acre which is ;M ' consistent. thegpxposed ge}ral plan �d use designations of low density residential. The proposed lots within the tractp;identifies 302 single familydetached residential lots within the''on Hills Estates Specific Plan. Twelve lettered lots for open space, two .,, lettered lots former tank sites and one letter lot for public park. It should be noted that with relation to the � , , 'tank sites, the water tank sites are designated at a specific site location as a requirement of the appropriate water district to allow for usable water pressure and proper fire safety water flows. Any attempt to deviate from the appointed location could disrupt the designated water flow requirements and impact such agency standards. Please note that condition number 4 of the project of the Conditions of Approval requires Agenda Item No. oC Page S-7 of 13 � PAGE 5 - PLANNING co'NMSSION MINUTES - January 16, 2007 that the applicant provide landscaping for the screening of the onsite water tanks to help mitigate the aesthetic appearance of the identified tanks. The Canyon Hills Specific Plan is consistent with the City's General Plan and preexisting development adjacent to the project site. Again referring to the Canyon Hills development located to the north. The low density residential designation in combined with the Specific Plan zoning provide an opportunity to cluster development and create a significant open space area designations would not facilitate. By functioning as a regal Estate Specific Plan provides a means of implements implementation of particularized land use provisic*0eve guidelines. The environmental determination again has Environmental Impact Report that imM Z that at raft Env -- concluded that unavoidable adverse impacts air during construction and t� relation General Plan the Canyon Hills Plan through ion� , design noted through the Draft 4aliental Impact Report a short term impact post the 2025 that would occur in the future bu-,Wout ofl, ,,area with or without the project would result with the proposed applications al me #6f ,.overriding cpnsiderations has been prepared in accordanc nth - ec6rn,1509 3-1, thervCalifciria Environmental Quality Act Guidelines w1lic hSilances the moi protect aoinst this unavoidable environmental effect. It is ecommend j - th at t h e P I afifihg Commission adopt the appropriate resolutions for the proposed proje*" As the CciriTUnission, I handed out before the meeting this evening would be aware there's been '.. note to the change of a mitigation measure at the request of Pechanga. That email was received this afternoon and again has been handed before the Commission. The applicant has reviewed the proposed mitigation measure modification and is acceptance, accepting to it, with that that mitigation measure will be modified for the City Council packet as it goes forward next week With that the applicant is in the audience this Agenda Item No. 2 1 Page S- of 136 PAGE 6 - PLANNING COMMISSION MINUTES - January 16, 2007 evening. Staff would entertain any questions the Planning Commission may have and that concludes my presentation. O'Neal Thank you Mr. Coury. I have a number request to speak on this item. If you wouldn't mind taking the podium when I call your name. You have three minutes Please state your name and address for the record. I'd like to start off with Vicki Mata.���> Mata lake and the rolfthills to east and its prime location to close proximity to major metropolitan areas Even more importantly Lake Elsinore is a budding city of its own with major regional retail centers opening this past year and new office complexes to bring high paying jobs to the area. With the growing employment sector and the wealth that is coming to the community new high end housing opportunities need to also follow suit. Trumark Companies experience in creating high quality communities and our strong desire to do Agenda Item No. / Page �� of b PAGE 7 - PLANNING COMMISSION MINUTES - January 16, 2007 business in the community made it a perfect match. The only thing missing was a site. Therefore we actively searched for ideal properties in Lake Elsinore close to services that would allow us to meet our goal. Given Lake Elsinore's ideal setting, we did not have to search long. The Canyon I -rills site met and exceeded all the criteria for the property and settings to create a luxury master planned community providing ho�ac , for a variety of economic means and lifestyles. Although by no means an easyeffort to arrive at the detailed site plan design you see before you this evening. The basicyout 8f,1the, site plan was a natural fit for the site. Extreme care was taken, take `- --de sign a site plan Ghat complimented surrounding residential neighborhoods while 4 the same time' preserving sensitive environmental resources and limiting develop At impacts in hillside areas to the extent feasible. Trumark utilize an integrated multidisciplina�" !nvironment based planning Ms. Mata,, you're going to have to I Tj MM, UP. at the context sensitive Canyon Hlls Alright, let's see . I'll,! """""'do the conclusion then. O'Neal Thank you. Mata If I could find it. In conclusion, the proposed Canyon Hills Estates community represents a context sensitive development design that the property owners have been involved with Agenda Item No. Page (G' of�3� PAGE 8 - PLANNING CONUISSION MINUTES - January 16, 2007 from the beginning and are in support of as it achieves their dream for contributing the property they have owned for decades to create a quality community that is responsive to the sites environment and surrounding uses as well as the lifestyles objectives and will provide multiple benefits to the City of Lake Elsinore and its residents. Thank you. O'Neal Thank you. Next speaker is Linda Metivire( ?) I apologize If I' urdering your last name. Metivier (speaking from the audience) O'Neal 0:, I beg your pardon? Yeah I know you are. Sure. You mi st4 \' y get three nutes. Paul Metivier ,. Chairman O'Neal before my time starts, you please, five neighbors of us was notified been clarified sir? Coury Not yep, 're looking t '%ugh it. we Paul an issues 'each and everyone of jo Spnngstarl Crookerow Road and not a single one tonight. That's what the hold up was about. Has that That's what the � up was about. The people who are most intimately affected by this project aren't even beytold about these meetings sir. Is there anything we might be able to do about it? May I ask for this to be postponed please? We've not been notified. You are in violation of the law and Brown Act, we have not been notified. We all live within 300 feet of this project. Deputy City Attorney Agenda Item No. �f - Page of � PAGE 9 - PLANNING COMMISSION MINUTES - January 16, 2007 The Brown Act simply requires that notice be given by posting the agenda 72 hours prior to the meeting in a public place that is accessible to everyone and the agenda was posted on Friday, Kirt? Coury the City us is not [thin that mailing labels to verity whether or not you were notified. However, the Brown Act does require at a minimum only that we post the agenda 72 hours beforehand and the City did comply with that requirement. O'Neal Agenda Item No./ Page z- of / 2 b PAGE 10 - PLANNING CONIlVIISSION MINUTES - January 16, 2007 Excuse me. Paul And you guys can live with this? O'Neal Excuse me, you have three minutes to speak whatever you want to Paul As you proceed tonight I am hoping you are in receipt of 2006 from the County of Riverside Transportation ands. believe a Wendy Worthy Principal Environmental r it speaks to the Transportation Department's high con related to this project including Lost Road.* Cotton is what it-, proposes. That Navajo County standards. That the nanciallyin the funding mechanism for the Sri that one guys. Southerly to Lemon. mechanism for development in the County to participate which sl o also incWa substantial contribution from the project that would be directly access Lo�'Road and is anticipated to use substantially in the future. Participate finaitLake Elore's participate financially in the funding mechanism to improve Cottonwood k'yon south to Bundy. The Transportation Department would be pleased to work with the City to jointly develop a funding mechanism for improving Cottonwood Canyon Road. The traffic study identifies that project traffic will use Holland Road to the east and references that the Pardee Homes project is responsible for paving of Holland. It also states that the roads will be, the road will be paved to up to County Agenda Item No. L Page 6 3 of � PAGE 11- PLANNING COMMISSION MINUMS - January 16, 2007 standards. The project should be conditioned to provide the paving in the events that the Pardee project does not move forward if this paving has not already been done and the paving should extend east to meet the existing paved section beyond the City limits. The fifth point is incredible because it says it is, if it is found that this is not feasible to improve either Lost Road to Lemon or Cottonwood Canyon alternate should be explored. The County of Riverside is saying that d project are pretty huge and I'm hoping that this is not the you. I would certainly think that it would have beers shared' iv I would have expected Tmmark to bring it to yo tention'`1 continue to legally explore and fund a lawsuit in regard litigation as it relates to Navajo Springs berttg a private things. We stood here nine months ago certainly hope that you considerations as it O'Neal Thank you Ocir W&s the property the upper right ive us some to City �uncil and O'Neal, fello chai not a to LAFCO. Thank you. members, staff. I'm a property. I'm one of two, I represent the 80 acres that will have the park on it and of that map that you looked at earlier. I've owned this property for over 30 years. When I purchased the property I could stand at my front door and not see alight in any direction, nowhere around. I frequently visited with Mrs. Christenson who has past away now and that property represents most of what is known as the Pardee Development. I have a development now right up to my fence line. My point Agenda Item No. ]T Page of ( 3 PAGE 12 - PLANNING COMMISSION MINUTES - January 16, 2007 here today is that it's no longer the property I purchased 30 years ago. Many, many people moved in. I owned my property 30 years and you'll be hearing from the Barron's family they own their property for over 50 years. It's just amazing to me when we moved there it was a beautiful place to see and time moved on and like I said I now have homes right on the fence but more than that what I really have is about 16 motorcycle, ple I have to run off every weekend because they think what I have 80 acres and ma the adjoining property is just recreational land. Someone told me one day well don" get so N4 ft— me it's all BLM land isn't it? It's pretty hard they cut the fence, theycut the wire where e Pardee gate once was. It's been knocked down a number of time do a lot 6 repairs over tlz re but my . 4 point is this time moved on and the property area aro diahe}property changed and I learned to change with it. I applaud the w, f Lake Elsinore and your democratic process of hearing the pros and cons of this developmA t. ask you to consider we're not just flipping a piece of propertyproperty in gain What we chased is no longer there. The love we had for that laud is go ' d I ask you this decision. Thank the pri O'Neal Estes Honorable Planning Commission I had... O'Neal y . Do you mind stating your... O'Neal consider our part as you move forward on ✓ge to speak Rick Estes and I live in Wildomar on Robert Street, 33160 Robert Street in Wildomar. I had just a couple of questions and they're for my own clarification. I understood from Kirt's Agenda Item No. 0 l Page � of PAGE 13 - PLANNING COMMISSION MINUTES - January 16, 2007 presentation that everybody, all of the Planning Commissioners got the 15 comments of the, apparently there were 15 answers to the Draft EIR that was sent out so it was my understanding that your packet included those and that you had had a chance to review and see those comments and I, Mr. Metivier talking, was referring to the County of Riverside's concern but apparently there were 14 other ones and I haven't seen those. What I saw was the one answer that you gave to the consultant doing the answer so the only thing anyone of us would have seen u one particular answer that they had given. But I'm "sun and that you've had a chance to take a look at them and i of the 15 comments that you received from the change made today from a request by Draft EIR? I guess what I'm saying is the public ft.W he gave Cheryl Ade an this 06j*.I believe is just the that you all have„ all 15 answers second quest would be if you've had a chance to review what you received. t.some clarifi6&n on the process that I'm reviewing rf f' it. Ili afYs my comments. Thank you. Good evening, yes T'm Steve Uraine 32255 Navajo Springs Road in WWildomar. And no we didn't receive a notice on this and you know my limited understanding is you need to do that so if that's the case then these proceedings I suspect would be out of order and I think somebody needs to say it so it's done. With that said I'll move on. The development it proposes to use Navajo Springs Road as part of its access. I live off of Navajo Springs Agenda Item No.� Page 6 6 of 13 PAGE 14 - PLANNING COMMISSION MINUTES - January 16, 2007 Road, it's a private road. Talking with Juan Perez, Deputy Director of Riverside County Transportation Department, Mark Vemes, same Department they have concurred that the road is indeed a private road and we do not give our consent to use it. Additionally, our attorneys seem to agree that it's a private road so everybody concurs that it's a private road and we do not give our consent to using it. You will probably go ahead this evening and vote on this project and approve it. We, actually I expect you, so and you should probably expect us to act accordingly. Thank you. O'Neal Thank you. At this point I would like to ask W wry to The traffic concerns at Lost Road, Navajo Road, the 9 answers and comments if you mind Coury 05 M map. It identif 32200 Crooked Paul Metivier was taking if we had in 11 dress a couple of .these issues. private versus public. The 15 "ad a chance to review this. in order and then with I'd 130* defer to thy, City Engineer on that as well. noticed. We do have the mailing labels and the radius Linda Metivier assessor parcel number 365- 220 -022 at in Wildomar. So they were included on the mailing radius. (shouting from the audience) Sir, I was not notified. You're calling me a liar. I was not notified I didn't get anything in the mail. When they say they're mailed but I'm here telling you... Agenda Item No. �` Page(,, 7 of 13 b PAGE 15 - PLANNING COMMISSION MINUTES - January 16, 2007 O'Neal Excuse me sir. Paul Metivier I was not notified. O'Neal Excuse me sir. The, the alp mention ar as the'�ountyTransportation letter as the Commission is aware there were 15 cor.�nt letters ;as indicated included as Exhibit F with the Planning R Commission staff report paeket so you have those before you. That was I believe mailed to �f the Planning Cammissioner on or delivered, I'm song, on Friday. So you did receive them before the audience.gT Commission was in receipt of the packet prior to tonight's meeting. With Mr. Este's comment, it's similar to that that the comment letters the Planning Commission did receive is part of the packet as indicated in the staff report Exhibit G is the comment letter and Exhibit F is the response to those comments. I haven't had the chance or opportunity I was taking notes so I cannot identify if Mr. Uraine was included on the Agenda Item No. / _ Page (o 1 of 13 .6 PAGE 16 - PLANNING CONMSSION MINUTES - January 16, 2007 mailing labels. I can research that and further into the meeting I can confirm that for the Commission. And at this point with relation to Navajo Springs as a private road I will defer that to the City Engineer. O'Neal Thank you Mr. Seumalo. Seumalo Yes sir, thank you. The engineering staff and the traffic engineer with our retired traffic engineer took into account the traffic study that wasteserited bythe prot and the concerns presented tonight during public com -" were addressed in, were 'into p, both believe that,;t O'Neal Thank you Mr. Seumalo Yes sir. conditions as �wri ject pre sened a traffic engineer, a traffic study which we WeX.Onsultant as well as our current engineer and we address the concerns. O'Neal Rolfe, would you have something you'd like to add about this? Agenda Item No. Page 1 of l3 PAGE 17 - PLANNING CONMISSION MINUTES - January 16, 2007 Preisendanz No. And I want to thank Kirt for all of his work and et`ance. There's a long history of this project. We've gone through quite a ' * f ordeal. In fact we've continued this project from the first Planning Commission to a116w it tc:gcthrough th review process. Originally O'Neal Coury;{f Mr. Chairman, sp2 Ito inte pt I just wanted to confirm that we also identify on the same packet of mailing lab Steve and Kathy Urang, 32255 Navajo Springs Road. So again they were included on the mailing labels which were distributed and also for clarification for the audience. Not only were mailing labels distributed as Rolfe indicated and as Alisha, City Attorney have indicated, the City Hall posting was posted on Friday out at the project site. Agenda Item No._ Page 2 t)— of 13 4 PAGE 18 - PLANNING COMMISSION MINUTES - January 16, 2007 There is a project board which identifies the project and a notice placed on that as well. So three measures were taken to make sure and ensure that people were notified of the project. O'Neal Thank you Mr. Coury. As this is a public hearing anyone who did not fill out a request to speak that wants to speak in favor of this project may do so at this,. Seeing none, anyone who did not fill out a request to speak who wishes to sp6`ak not in favor of this project you may do at this time. Excuse me, I believe that u let yri `4`tune go by to your husband. Is that not correct? Go ahead. Linda Metivier Thank you. My name is Linda Metivier. I live at 32200'�oked Arrow Drive in the County of Riverside, Wildomar. It's interesting #, at everybody in Lake Elsinore was notified of the meeting as they are the ones that are impacte pjqhp project. As my husband stated our property is just in front of the „Cottonwood l�c.5peciic'Pli that you've seen tonight. We �;. definitely are impacteythe eject. We are the process like he said of a lawsuit. We do consider that Navajo Sp%s..to be a p Yid rivate road we are not understanding how a ",�60/Sii developer rand ;end tigyer a pnvae road and do what they want with it with your permxssQn. Another third that I dr�ri't know if you have before you that hasn't been me, is the waiter supply. We are on wells out there. There's a thing in the paper not too t' o aboi `another community that was impacted by a development where they lost the�� y� r and I'd like to know how that's been addressed and what you have to come to conclusion on that. Thank you. O'Neal Thank you. Is there anyone else that would like to speak against this project that did not fill out a form? Anyone that would like to speak about this project about anything at all about Agenda Item No. �! Page_ of b PAGE 19 - PLANNING COMMISSION MINUTES - January 16, 2007 this project? Seeing none I'll close the public hearing at 6:40. Bring it up here for Commissioner comments. I'll start down at the other end with Commissioner Axel Zanelli. Agenda Item No._ Page 7�1 L— of 136 PAGE 20 - PLANNING COMMISSION MINUTES - January 16, 2007 That would also be ni Taber Good evening 'Y Jll e rri is Alene Taber. I'm with the law firm of Jackson Ing mmiss DeMarco"Itfus and Peckeit4ugh here today representing Trumark. I just wanted to very briefly address y0 ,,question about the road. I think there's potentially a misunderstanding. There's a difference between a county road and a public road. This road is in the situation where it is pending dedication to become formally a county road and be maintained by the County. However, even before the dedication is accepted a road can become what is called a public road and that occurs through public use. Many of you know that this is a road that was part of a tract map I think it's something like 40 or some years old. It's had a very long Agenda Item No. Page ­73 of PAGE 21- PLANNING COMMISSION MINUTES - January 16, 2007 history of public use and there is a lot of case law that basically states that if you have public use on a road it becomes a public road but that doesn't necessarily mean it becomes a part of the County system yet and I hope that answers your question. Be happy to provide you with any additional information. Zanel i That's fine on that and you could respond to the water issue O'Neal; Thank you Ms. Taber. Kraut Thank you Commissioner Zanelli, my name is Jeremy KZut I work with RGP Planning Development Services our firm was contrasted to complete the EIR for the project and in Krout Agenda Item No. Page of - PAGE 22 - PLANNING COMMISSION MINUTES - January 16, 2007 That is true there is, they would not be using the well system on site or wells on site. There are some wells for _ residents but I'm not really sure about that but those would not be used as part of this project. The water would be delivered and that water that is available for delivery to the site. lated I closed n May of :?A- ly known omment °rs or y of the lent the City's southern boundary. Zone Change No. 2005 -9 changed the zoning project site to SP Specific Plan subject to the approval of Annexation No. 75 by the Riverside County Local Agency Formation Commission commonly known as LAFCO. On October 26 of 2006 Agenda Item No. ,-' Page -15- of PAGE 23 - PLANNING COMMISSION MINUTES - January 16, 2007 LAFCO approved the boundary change byway of LAFCO 2006 -105 -1 and 3 amendment of the Sphere of Influence of the City of Lake Elsinore and removal from the Wildomar you've seen. The Draft EIR identified potential adverse impacts related to the implementation of this project but which would be mitigated to insufficient level by conditions imposed upon this project. It has been determined unavoidable adverse impacts will result from implementation of this project but was outweighed by specific sQCial economic and other benefits. A statement of overriding consideration was pre pared which included the public concerns on traffic and circulation as well as air qualtty: I\have reviewed considered the EIR in compliance with CEQA, State CEQA Guidelines and the Qt-/s local QA Guidelines. I find all actions in the applicant's willingnos iri addressing both community and administrative concerns in compliance,) th the required haft environmental documents submitted before me, therefore it is my rec©mmendation based can the findings and exhibits and conditions of approvaltp roceed to Ci CeiuncU fro final approval. No further comments. O'Neal Thank you Co loner FBJe Commissi ©rier Mendoza. Thank yo luW Chairman I/ tally concur with my fellow Chairman, I mean my fellow Commissioners aid there's been a lot, a lot of work put into this. Just looking at the EnvironmentalIm ' ort lookin g at all the other exhibits. There's been a lot, a lot of pac�p work put into this. I'have one question for the gentlemen about the water. If you could come up to the podium real quick please? Kraut Yes sir. Agenda Item No._ Page ­� 6 of PAGE 24 - PLANNING COMMISSION MINUTES - January 16, 2007 Mendoza If in fact that their well water is affected in anyway, is Tmmark prepared to deal with that problem and resolve it for the residents outside the property line? I'm not saying it's going to, I'm just saying if it does have an impact in it. Krout I just want to go back to just one main point is that the wells , w* t be tapped for the project itself. So in that effect, I'm not really sure how, w651ouldn T�would assume, I would have to defer to Tnimark, but I believe that jf.there'was an impact nL caused by the project it would be hard to tell what would actpi% be the effect of that eithei �tl ere's a drop in water levels or so forth. The project itself will not be tQ��hing the wells at all. All water will be delivered to the site and in effect also, due to landscvft,watering and so forth wells maybe I guess increase water levels will the aquifer below the wells # that may you kri water seeps down into y 1veLs in certain effect. In essence we would not be, or O "e", cti uld not be aching the wells at all. Mendoza " Alright Tk� yru.1 I'd )ust to fuvsli V" by saying nobody likes change. We had a i ��� gentlemen up here ta" bout c .'earlier. Nobody likes it but its inevitable. It's going to happen nether it happens today, tonight, whether it happens five years from now. It's going to happen. Instead of Fighting the change you should come up with a modification to the change. Say the:ii 000 homes going somewhere, instead of fighting it completely that you don't want 1,000 homes, you don't want change at all how about saying hey let's scale this back, let's move it back a little bit. You're too close to my property line. I'm sure all the property owners would be more sympathetic instead of you just trying to shut them down. Because property owners have rights too. If they own a piece of property they have a right Agenda Item No. Page of PAGE 25 - PLANNING COMMISSION MINUTES - January 16, 2007 to do something with that piece of property as long as it's legal. If it's legal, they should, no one else should complain about it. I've said this before and I'll continue to say it because I never hear anyone come in here and say hey he's a property owner, he has a right to do it but I don't want him to do it. All I hear is I don't want this going on, we don't want this going on. You know you have rights, they have rights. But the botpom line is as long as it's legal, as long as everyone does their homework, as long as our f continue to due backbreaking work on research and they work well with ,%*ever, w 'Dever developer comes in they really can't do anything about the c � . All they can the change and they need to realize that. Thank you`I1x Chai O'Neal Thank you. Vice Chair. they've assuredid w not be so I need, the ridgeline needs to be maintained so you F don't see these big ug;� este r tanks. And I thank you for that. The project is large _ left open I just hope when it's finished that this hill isn't torn up with bikes and so on. It's a beautiful site there. I've been here for 40 some years. Used to live in Wildomar until the freeway came along but I like this. Work on those roads we need to do something beyond that with the County because that is County land and Wildomar. Thank you. Agenda Item No._ Page of 13 PAGE 26 - PLANNING COMMISSION MINUTES - January 16, 2007 O'Neal Thank you. We have a number of resolutions to consider. Rolfe if you would start with the Draft EIR Preisendanz Preisendanz Preis Preisendanz MOVED BY MENDOZA, SECONDED BY ZANELLI, AND PASSED BY A VOTE OP . 0 TO APPROVE A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE I 4iLSINORE RECOMMENDING THAT THE CITY COCIL \,l OF THE CITY OF LAKE ELSINORE CEO{. IFY ENVIRONMENTAL IMPACT REPORT NO. 266&U FOR THE CANYON HILLS ESTATES PROTECT MOVED BY MENDOZA, AND APPROVE A RES, COMMISSION OF CALIFORNIA RE ZANELLI, SECONDED BY PASSED BY A VWE OF 5 -0 TO JiU ON OF THE10LANNING COUNCI THE CT ADOPC i,F FINDING KNGON AS ~CANYON CONS"' ENT 'WITH THE MULTIP� SMQE:S., HAI '(JF LAKE ELSINORE, DINQ . TO THE CITY bF LAS ELSINORE THATN[E PROJECT HILLS ESTATES IS UESTERN RIVERSIDE TAT CONSERVATION MOVED BY GCONZALES, SECONDED BY ZANELLI ,AND PASSED BY A VOTE OF 5 -0 TO APPROVE. A RESOLUTION OF THE PLANNING 00mMISSION OF THE CITY OF LAKE ELSINORE, CAL4IF C),NIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2006-4 MOVED BY ZANELLI, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5 -0 TO Agenda Item No._ Page A_ of fL- PAGE 27 - PLANNING CoNalISSION MINUTES - January 16, 2007 APPROVE A RESLOUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY couNaL OF THE CITY OF LAKE ELSINORE APPROVAL OF SPECIFIC PLAN NO. 2006-01 Preisendanz O'Neal �'ftm number We'll take a two minute break and then come back � 11 b 6. Agenda Item No. Page V of 13 6 CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 16, 2007 PREPARED BY: KIRT A. COURY, PLANNING CONSULTANT PROJECT TITLE: CANYON HILLS ESTATES: DRAFT ENVIRONMENTAL IMPACT REPORT NO. 2006-02, GENERAL PLAN AMENDMENT NO. 2006 -04, SPECIFIC PLAN NO. 2006 -01 AND TENTATIVE TRACT MAP NO. 34249 APPLICANT: VICKI MATA, TRUMARK COMPANIES, 9911 IRVINE CENTER DRIVE, SUITE 150, IRVINE CA, 92618; JEREMY KROUT, RGP PLANNING & DEVELOPMENT SERVICES, 8921 RESEARCH DRIVE, IRVINE, CA 92618 OWNER: VICKI MATA, TRUMARK COMPANIES, 9911 IRVINE CENTER DRIVE, SUITE 150, IRVINE CA, 92618. PROJECT REQUEST The request before the Planning Commission is for consideration of: • Draft Environmental Impact Report No. 2006 -02; and • General Plan Amendment (GPA) No. 2006 -04 to re- designate the Project Site from Very Low Density Residential (VLDR) and Mountainous (M) to Low Density Residential (LDR); and AGENDA ITErvS NG. �7) PACE O,i= -4� PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 2 OF 12 • Specific Plan No. 2006 -01 — Adoption of the Canyon Hills Estates Specific Plan; and • Tract Map 34249 —to permit subdivision of the Project Site. PROJECT LOCATION The 246.4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west (the "Project Site "). Cottonwood Creek flows through the northeast corner of the Project Site adjacent to Cottonwood Canyon Road. The Project Site is accessible from Lost Road, Navajo Springs Road and Cottonwood Canyon Road (Exhibit "A "). ENVIRONMENTAL SETTING The Project Site is bounded on the north by the existing Canyon Hills Specific Plan development, to the south by the Sedco Hills and very low density residential units along Crab Hollow Circle. The project site is also bounded on the west by very low density residential units along Crooked Arrow Drive and Navajo Springs Road and on the east by very low density residential units with access from Pine Street east of Cottonwood Creek. Project Single- Specific Plan (City of Very Low Density Site Family Lake Elsinore SOI) Residential and Residential & Rural Mountainous Vacant (City of Lake Elsinore SOI) North Single - and Single Family 2 (2 to 4 Specific Plan Multifamily du/ac), Single Family 3 (4 Residential to 8 du/ac), Multi - Family 1 (8 to 15 du/ac) and Multi- Family 2 (15 to 24 du/ac) (Canyon Hills Specific Plan South Single- Residential Agriculture, Rural Mountainous and AGENDA ITEM WO.-J-) PAGE 2-0 PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 3 OF 12 PROJECT BACKGROUND As the Planning Commission is aware, the project was continued from the December 19, 2006 Planning Commission meeting to the January 19, 2007 meeting. The continuance was requested to allow the environmental noticing period for the Draft Environmental Impact Report to close on December 27, 2006. It should be noted that since the Planning Commission is the recommending body, and not the approving body, the project could have proceeded forward as originally scheduled without any violation or compromise of the California Environmental Quality Act (CEQA). However, due to the nature of the comments staff was receiving relating to the project, staff felt it was prudent to continue the item until after the environmental noticing period was complete, hence the scheduled meeting on January 16, 2007. At the close of the environmental noticing period, staff has received fifteen (15) comment letters (Exhibit "F "). In addition, staff has provided responses to the comment letters received (Exhibit "G "). In October 2005, the property owners of the "Project Site" filed an application with the City of Lake Elsinore requesting that their property be annexed into the City. The annexation request was based primarily upon the fact that any future development of the Project Site could be most efficiently and effectively served by the public facilities of the Canyon Hills Estates community of Lake Elsinore. In addition, the "Project Site" has long been associated with the City of Lake Elsinore as it was once a part of the City's Sphere of Influence. LAFCO removed the "Project Site" and other areas from the City's Sphere of Influence (SOI) in 1997 and added the territory to the Wildomar /Sedco Hills Unincorporated AGENDA ITEM NO. 0 PAGELL1_0F (3 6 Family Residential Rural Residential, and Residential one -acre (Co un of Riverside Rural Residential (County of Riverside) East Single- Residential one -acre Low Density Residential Family (County of Riverside) (County of Riverside) Residential West Single- Residential Agriculture, Rural Mountainous and Family Rural Residential, and Rural Residential (County Residential Residential one -acre of Riverside) (County of Riverside) PROJECT BACKGROUND As the Planning Commission is aware, the project was continued from the December 19, 2006 Planning Commission meeting to the January 19, 2007 meeting. The continuance was requested to allow the environmental noticing period for the Draft Environmental Impact Report to close on December 27, 2006. It should be noted that since the Planning Commission is the recommending body, and not the approving body, the project could have proceeded forward as originally scheduled without any violation or compromise of the California Environmental Quality Act (CEQA). However, due to the nature of the comments staff was receiving relating to the project, staff felt it was prudent to continue the item until after the environmental noticing period was complete, hence the scheduled meeting on January 16, 2007. At the close of the environmental noticing period, staff has received fifteen (15) comment letters (Exhibit "F "). In addition, staff has provided responses to the comment letters received (Exhibit "G "). In October 2005, the property owners of the "Project Site" filed an application with the City of Lake Elsinore requesting that their property be annexed into the City. The annexation request was based primarily upon the fact that any future development of the Project Site could be most efficiently and effectively served by the public facilities of the Canyon Hills Estates community of Lake Elsinore. In addition, the "Project Site" has long been associated with the City of Lake Elsinore as it was once a part of the City's Sphere of Influence. LAFCO removed the "Project Site" and other areas from the City's Sphere of Influence (SOI) in 1997 and added the territory to the Wildomar /Sedco Hills Unincorporated AGENDA ITEM NO. 0 PAGELL1_0F (3 6 PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 4 OF 12 Community (UC). Annexation of the Project Site into the City of Lake Elsinore would lead to logical growth and provision of services. To that end, on April 11, 2006, the City of Lake Elsinore City Council approved the following entitlements and commenced annexation proceedings for the Project Site: 1. General Plan Amendment (GPA) No. 2005 -08, which amended the City's General Plan Land Use Map to change the City's southern boundary to incorporate the Project Site; and 2. Zone Change (Pre -Zone) No. 2005 -09, which changed the zoning designation of the Project Site to SP Specific Plan subject to the completion/approval of Annexation No. 75 by the Riverside County Local Agency Formation Commission ( LAFCO); and 3. Annexation No. 75, which approved the commencement of proceedings for the SOI and annexation boundary change through LAFCO pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000; and 4. Negative Declaration No. 2006 -02, which concluded that GPA No. 2005 -08, Zone Change (Pre -Zone) No. 2005 -09, and Annexation No. 75 would result in no significant environmental impacts. After the City Council adopted its resolution commencing annexation proceedings, Staff submitted an application to LAFCO for an amendment to the City's Sphere of Influence/boundary to include the Project Site. On October 26, 2006, LAFCO approved the boundary change by way of LAFCO 2006 -105 -1 & 3 — Amendment to Sphere of Influence of the City of Lake Elsinore (Addition) and Removal from the Wildomar UC. PROJECT DESCRIPTION GENERAL PLAN AMENDMENT NO. 2006-04 General Plan Amendment No. 2006 -04 will change the City of Lake Elsinore's General Plan designation for the Project Site from Very Low Density Residential and Mountainous to Low Density Residential (Exhibit `B "). The Low Density Residential designation will allow the development of up to 738 dwelling units AGENDA ITEM [10.� PAGE _0F PLANNING COMMISSION STAFF REPORT JANUARY 16, 2007 PAGE 5 OF 12 (DU) at a density of three (3) DU /acre. Despite the foregoing General Plan designation, the proposed Specific Plan and Tentative Tract Map will limit the total number of dwelling units to 302 DU or 1.23 DU /ac. SPECIFIC PLAN NO. 2006-01 The purpose of the Canyon Hills Estates Specific Plan (Exhibit "D ") is to provide for the orderly and efficient development of the Project Site. Canyon Hills Estates will be a planned residential community containing a maximum of 302 DU with a public park and open space areas integrated into the project design. Canyon Hills Estates is designed to conform to the topography of the site and to appear as an extension of the existing Canyon Hills development immediately to the north. Extending the Canyon Hills Estates Specific Plan to cover the proposed Project Site is logical from a planning perspective because the Project Site slopes downward from south to north, with the northern portion of the site approximately at the same elevation as the Canyon Hills Estates development, and the existing infrastructure improvements (roads, water, sewer and dry utilities) and community services (retail and service commercial, parks and schools) which abut the Project Site provide the most logical connection. The Canyon Hills Estates Specific Plan divides the Project Site into three (3) basic land use categories: Residential, Public Park and Open Space. The Residential category has two subcategories: Single Family Residential -1 (SF -1) and Single Family Residential -2 (SF -2). Design guidelines are contained in Chapter 5 of the Canyon Hills Estates Specific Plan. The Design Guidelines provide an added level of definition for the Plan's design objectives and the intended development character. The Specific Plan's principal design objective is to utilize a comprehensive, high quality community design approach addressing both community level design elements (streetscapes, entries, parks /open space) and individual lot design elements (siting, architecture). The design guidelines are intended to provide criteria for design, while allowing flexibility for architects, landscape architects, developers, and builders in the implementation of the Specific Plan. Single Family Residential 1 (SF -1) Approximately 33.2 percent (33.2 %) of the "Project Site ", the majority of the development area, is designated as Single Family Residential -1 (SF -1). The SF -1 AGENDA ITE;a PACE _LL_O� % ? � PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 6 OF 12 area will contain a maximum yield of 238 single family detached dwelling units. The residential products planned for this area are detached homes of one and two stories on a mix of lot sizes ranging from a minimum of 7,200 square feet to over 20,000 square feet. The largest lot sizes are located on the southwesterly and southerly portions of the "Project Site ". Single Family Residential 2 (SF -2) Approximately 9.4 acres of the northeasterly portion of the "Project Site" adjacent to Cottonwood Canyon Road are designated Single Family Residential -2 (SF -2). The SF -2 use comprises approximately 3.8 percent of the total "Project Site ". SF -2 will contain a maximum yield of 64 dwelling units. Residential products may be made up of detached homes on compact lots or other similar residential products. The proposed location of the SF -2 area in Canyon Hills Estates is reflective of the adjacent existing and planned higher density residential community to the north in Canyon Hills and the SF -2 area's proximity to the planned public park and major circulation routes. Public Park The public park designation has been assigned to 5.4 acres, or approximately 2.2 percent (2.2 %), of the "Project Site ". The park facility is located in the northeast corner of the "Project Site ". The park will be the focal point for neighborhood interaction and a natural and aesthetically pleasing gateway feature for the Canyon Hills Estates development. The park concept will preserve and enhance the oak woodland and riparian character of the Cottonwood Creek corridor which passes through the park area while blending in active and passive park facilities. The Public Park will have public street frontage along Cottonwood Canyon Road which facilitates visibility and access. On- street parking for the park will be permitted on Cottonwood Canyon Road. The public park will include active and passive park facilities that will be constructed to City standards. Facilities may include, but are not limited to, a tot lot and children's play areas, picnic tables and barbeques, turf play areas, a half basketball court, pedestrian paths and passive areas. Open Space Approximately 149.9 acres, or 60.8 percent, of the Project Site have been devoted to open space. The open space stretches east to west through the central portion of the Project Site. This area will provide a natural appearing visual backdrop to the lower residential development area and the community of Canyon Hills. AGENDA ITUVA PAGE _ OF PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 7 OF 12 TENTATIVE TRACT MAP NO. 34249 Exhibit "C" shows how the Project Site will be subdivided. The design of the subdivision and density of 1.23 dwelling units per acre are consistent with the proposed General Plan designations of Low Density Residential, which accommodates residential development of up to three (3) dwelling units per acre. A Design Review Approval is not being considered at this time; therefore, home designs and specific home configurations on lots will be reviewed by the Planning Commission once a Design Review Permit application is submitted. The Tentative Tract Map encompasses the entire detached single - family residential area. The following describes the proposed Tentative Tract Map: 1. Proposed Lots: The Tentative Tract Map proposes 317 total lots as follows: • 302 single - family detached residential lots within the Canyon Hills Estates Specific Plan. • Twelve (12) lettered lots for open space. • Two (2) lettered lots for water tank sites. It should be noted that the water tank sites are designated at specific site locations as a requirement of the appropriate water district to allow for usable water pressure and proper fire safety water flows. Any attempt to deviate from the appointed locations could disrupt designated water flow requirements and impact such agency standards. Please note that condition number four (4) of the conditions of approval requires that the applicant to provide landscape screening of the on -site water tanks to mitigate the aesthetics appearance of the identified tanks. • One (1) lettered lot for a public park. 2. Proposed Lot Size: The proposed lot sizes will range from 3,000 to 28,931 square feet, with an average lot size of 9,219 square feet. 3. Proposed Roadway and Circulation Improvements: The general layout and design standards for streets allow the Canyon Hills Estates community to safely meet the circulation needs of the residents and users of the Project Site. The circulation concept consists of an internal street system supporting the land use allocations in the Specific Plan with connections to surrounding vehicular access streets and pedestrian linkages within the project area. Vehicular street access to the Project Site is provided by Cottonwood Canyon AGENDA ITEM No.—Ii-_ PAGE Y 7 ® 13 6 PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 8 OF 12 Road on the north, and Lost Road via Navajo Springs Road on the west. Due to its proximity to Canyon Hills Road, the entrance on Cottonwood Canyon Road is considered the Canyon Hills Estates community's primary access. The system meets the primary and secondary access requirements of the Riverside County Fire Department. A description of current planned road improvements is as follows: • Cottonwood Canyon Road: Cottonwood Canyon Road will have a 48 -foot pavement section with one 12 -foot travel lane in each direction and 12 -foot auxiliary lanes on both sides within a total right -of -way of 70 feet. This configuration conforms to the existing improvements to the north of the Project Site in the Canyon Hills development. • Lost Road: Lost Road south of Canyon Hills is currently a two -lane dirt road. As a part of the project's access improvements, Lost Road, from its intersection with Navajo Springs Road northerly to the existing Lost Road improvements in the Canyon Hills development, will be enhanced to a 36- foot pavement section, including 2 -foot shoulders where possible with a 4- foot sidewalk within the existing right -of -way. This road section is designed to accommodate project traffic and bring a significant access improvement to the surrounding area. • Nava o Sprinjes Road: Navajo Springs Road is an existing unimproved public local street abutting the west side of the Project Site, and provides a vehicular connection from the project to Lost Road. The subdivider of Tract Map No. 2910, containing the majority of Navajo Springs Road, made an irrevocable offer of dedication of Navajo Springs Road to the County of Riverside for public use for street purposes. Pursuant to its standard procedures, the County has not yet accepted this irrevocable offer of dedication because Navajo Springs Road has not yet been improved to County specifications. On May 26, 2006, an application to vacate the offer of dedication was submitted to the County of Riverside Transportation Department. The County may only grant the proposed vacation if it finds that Navajo Springs Road is "unnecessary for present or prospective public use" (Streets & Highway Code, § 8324; Riverside County Resolution No. 85 -330). The Riverside County Fire Department has already recommended that the County deny the proposed vacation. Should the Riverside County Transportation Department deny the proposed vacation of the "offer of dedication" on Navajo Springs Road, it is expected that the County will AGENDA ITEM NO.__ PAGE ,f OF—La- PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 9 OF 12 accept the "offer of dedication" once Navajo Springs Road is improved. This existing connector will have its existing road section enhanced to 24 feet, including 2 -foot shoulders where possible, providing one travel lane in each direction with a 4 -foot sidewalk. 4. Local Streets: Internal local streets serving the overall Project Site, excluding the Private Local Streets of the SF -2 area, will be designed to minimize through traffic within neighborhoods but will provide an indirect connection through the project from Cottonwood Canyon Road on the east to Navajo Springs Road and Lost Road on the west. They will also provide internal linkages for Canyon Hills Estates residents, and provide access to the park recreation/open space amenities. These local internal streets will have a special modified section with an expanded parkway on one side to facilitate a public trail system throughout the project. Design standards for Local Streets are described as follows: • Local Streets will have a 40 -foot pavement section with one 12 -foot travel lane in each direction and parking on both sides, within a total right -of -way of 60 feet. • The pavement section will be offset within the right -of -way to provide a 17- foot expanded parkway on one side, which will accommodate the 8 -foot public trail with native landscaping. 5. Private Local Streets: The SF -2 area will be serviced by an internal street system consisting of "Private Local Streets ", which will connect directly to the overall Canyon Hills Estates community's primary access to Cottonwood Canyon Road. "Private Local Streets" will have a 46 foot design right -of -way to ensure safe and adequate mobility to community residents, visitors and emergency personnel. Curb adjacent sidewalks will also be provided along the "Private Local Streets ". 6. Emergency Access: An Emergency Access Road (intended for emergency personnel only) with a 24 -foot right -of -way is planned at the southern site boundary within the public right -of -way off Turtle Creek Road. From the southern property line, the access road will extend approximately 170 feet north to the "J" Street terminus. The access road improvements will not connect to Crab Hollow Circle as the road is intended to provide only emergency vehicle access to the southern boundary of the Project Site. AG%Ni3A 17 EM No. PACE --®F- PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 10 OF 12 7. Non - Vehicular Circulation System: The Specific Plan includes a non - vehicular circulation system composed of an 8 -foot public trail within a 17 -foot expanded parkway along one side of the internal local streets. In addition to these local street trails, there will be Class 2 on- street bicycle lanes along Cottonwood Canyon Road that will provide connections to both the north and south. ANALYSIS The Canyon Hills Estates Specific Plan is consistent with the City's General Plan and pre- existing development adjacent to the Project Site. The Low Density Residential designation in combination with the Specific Plan zoning provides an opportunity to cluster development and create a significant open space area that other General Plan designations would not facilitate. By functioning as a regulatory document, the Canyon Hills Estates Specific Plan provides a means of implementing the City's General Plan through implementation of particularized land use provisions, development regulations and design guidelines. The proposed project does not result in cumulative impacts to land use and planning for other land in the project vicinity. Canyon Hills to the north is an existing community, which has been developed pursuant to a Specific Plan. The Project Site is oriented to Canyon Hills to the north. Existing commercial, institutional, and schools are closer to the north and accessible via paved improved roads. The project, as proposed, will compliment the existing and proposed development in the surrounding area. ENVIRONMENTAL DETERMINATION According to the State CEQA Guidelines, "the EIR process starts with the decision to prepare an EIR." (14 C.C.R. § 15081.) At the conclusion of the initial study of the proposed project, it was determined that there was substantial evidence that the project may have a significant effect on the environment. To that end, a draft environmental impact report (DEIR) was prepared. Even though the DEIR concluded that unavoidable adverse impacts related to air quality (only short term impacts during construction) and traffic (cumulative impacts post 2025 that would occur in the future with or without the project) would result with the proposed applications, a Statement of Overriding AGENDA HEM NO..- �2) � PACE 170--OF 134 PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 11 OF 12 Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines, which "balances" the proposed project against this unavoidable environmental effect. The CEQA Guidelines require that a DEIR, which is submitted to the State Clearinghouse for review by state agencies, be circulated for public review for a minimum of 45 days (14 C.C.R. § 15105.) Accordingly, the public review period for the proposed project began on November 13, 2006 and closed on December 27, 2006. Staff prepared responses to all comments received, which are identified as Exhibit "F ". RECOMMENDATION It is recommended that the Planning Commission adopt the following Resolutions: 1. Resolution No. 2007 -_ recommending to the City Council certification of Environmental Impact Report No. 2006 -02. 2. Resolution No. 2007- recommending to the City Council adoption of MSHCP Consistency Findings. 3. Resolution No. 2007 -_ recommending to the City Council approval of General Plan Amendment No. 2006 -04. 4. Resolution No. 2007 -_ recommending to the City Council adoption of Canyon Hills Specific Plan No. 2006 -01. 5. Resolution No. 2007 -_ recommending to the City Council approval of Tentative Tract Map No. 34249. This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report. AGENDA ITEM NO. J,/ PAGEa OF /1b PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 12 OF 12 PREPARED BY: KIRT A. COURY, PROJECT PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1. Resolution No. 2007 -_ recommending to the City Council certification of Environmental Impact Report No. 2006 -02. 2. Resolution No. 2007 -_ making Findings that the Project is consistent with the Multi Species Habitat Conservation Plan (MSHCP) 3. Resolution No. 2007 -_ recommending to the City Council approval of General Plan Amendment No. 2006 -04 4. Resolution No. 2007 -_ recommending to the City Council adoption of Canyon Hills Specific Plan No. 2006 -01 5. Resolution No. 2007 -_ recommending to the City Council approval of Tentative Tract Map No. 34249 6. Conditions of Approval 7. Exhibits "A ": Location Map "B ": General Plan Amendment No. 2006 -04 Land Use Map "C ": Tentative Tract Map 34249 "D ": Specific Plan No. 2006 -01 "E ": Comment letters relating to the project "F ": Response to comment letters "G ". Draft Environmental Impact Report No. 2006 -02 AGENDA ITEM NO. .21 PACEZ _OF RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFY ENVIRONMENTAL IMPACT REPORT NO. 2006-02 FOR THE CANYON HILLS ESTATES PROJECT WHEREAS, the Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2006 -04, Specific Plan No. 2006 -01, and Tentative Tract Map No. 34249 for the project identified as the Canyon Hills Estates Specific Plan (the "Project "); and WHEREAS, the City of Lake Elsinore (the "City ") has caused an Environmental Impact Report (State Clearinghouse No. 2006051073: the "EIR ") to be prepared on the Project pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.: "CEQA "), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et seq.: the "State CEQA Guidelines "), and the City's procedures relating to environmental evaluation of public and private projects; and WHEREAS, the City transmitted for filing a Notice of Completion of the Draft EIR and thereafter, in accordance with the State CEQA Guidelines, forwarded the Draft EIR to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, pursuant to CEQA Guidelines, Section 15082(c)(1), on October 5, 2006 the City held a duly noticed scoping meeting in order to expedite consultation regarding the scope and content of the environmental information in the Draft EIR; and WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation, and review of the Draft EIR have been taken; and AGENDA ITEM NCB. PAGE xy 3 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 9 WHEREAS, the Draft EIR prepared for the Project was sent to the Planning Commission and the Planning Commission held a public hearing to receive public input on the adequacy of the Draft EIR on January 16, 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 Draft EIR. Section 2. The Planning Commission hereby recommends to the City Council that the EIR for the Project is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto; the Planning Commission has reviewed and considered the information contained in the Draft EIR and finds that the Draft EIR represents the independent judgment of the City. Section 3. The Planning Commission hereby makes, adopts, and incorporates herein as its "findings of fact" regarding the potential environmental impacts of the Project, the analysis and conclusions set forth in the Draft EIR (including, without limitation, the mitigation measures therein set forth); the following summarizes those conclusions: a. The Initial Study and the Draft EIR determined that impacts related to the implementation of the Project would be less than significant without mitigation for agricultural resources, land use, mineral resources, population/housing, and recreation. b. The Draft EIR identified potentially significant adverse impacts related to the implementation of the Project, but which will be mitigated to an insignificant level by conditions imposed upon the Project, in the areas of aesthetics, air quality, biological resources, cultural resources, hazards and hazardous materials, and noise. The type of impact for which mitigation was designed and the associated mitigation measures are identified in Section 3.1 Environmental Analysis of the Draft EIR, and are summarized in the Executive Summary of the Draft EIR. C. All feasible mitigation measures, which are within the jurisdiction of the City, as identified in the Draft EIR have been incorporated into the Project and AGENDA IM NI N®. PAGE _OF -43 � PLANNING COMMISSION RESOLUTION NO. 2007-. PAGE 3 OF 9 represent the fullest extent to which the Project- related impacts can be reasonably avoided and/or substantially lessened. d. The Draft EIR did not identify alternatives to the Project which would reduce environmental impacts while still substantially achieving the Project's objectives, and the proposed Project was determined to be the environmentally superior alternative. e. The proposed Project and associated discretionary approvals will result in significant unavoidable impacts to short-term (construction- related) air quality associated with localized PM10 and PM2_5, near -term (2010), and future (2025) traffic. Pursuant to State CEQA Guidelines Section 15093, the City Council has determined that the unavoidable adverse impacts that will result from project implementation are acceptable and outweighed by specific social, .economic and other benefits of the project. Therefore, a Statement of Overriding Considerations has been prepared and is attached hereto as Exhibit A and incorporated herein. Section 4. A mitigation monitoring program for the Project has been prepared in accordance with Section 21081.6 of CEQA, and the Planning Commission hereby recommends that the City Council adopt the mitigation monitoring program. AGENDA i i ZM NO. � PAC 1,� PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 9 PASSED, APPROVED AND ADOPTED this 16th day of January, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman City of Lake Elsinore AG I- N1 D iITmj N�o. '7� P._� 136 "EXHIBIT A" STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The Final Environmental Impact Report (EIR) for the Canyon Hills Estates Specific Plan has identified and discussed significant effects that may occur as a result of the Project. With the implementation of the mitigation measures discussed in the EIR, these effects can be mitigated to a level of less than significant except for unavoidable significant impacts as discussed in Section III of the Findings. The City of Lake Elsinore has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Specific Plan. Impacts, in these and all other cases, have been mitigated to the extent considered feasible. All significant adverse impacts are identified in the Final EIR and are addressed in the Findings, which accompany this Statement of Overriding Considerations. The Project will result in the following significant impacts that cannot be mitigated to less than significant levels: 1. Traffic and Circulation Year 2010 Transportation Improvements: The Project will participate in the Transportation Impact Fee (TIF) and Transportation Uniform Mitigation Fee (TUMF) transportation improvement programs; however, the possibility exists that some of the necessary Year 2010 intersection improvements might not be constructed by 2010. As such, a significant impact could remain after Project mitigation (fee payment) and until the improvements are constructed. Year 2025 Transportation Improvements: The Project will contribute incrementally (from <1 % to approximately 6.3% of total trips) to cumulative level of service deficiencies at five study area intersections in Year 2025. The Project cannot feasibly mitigate its share of those future cumulative impacts because those intersections are not AGENDA ITEM NO. PtyCf.: 9 � PLANNING COMMISSION RESOLUTION NO. 2007-. PAGE 6 OF 9 scheduled for improvements under a City or County fair -share funding and implementation program. 2. Air Quality Localized Significance Thresholds: Even with the use of all feasible mitigation, the Project will result in short-term (project construction - related) air quality impacts associated with localized PM10 and PM2.5 levels adjacent to residences in the existing Canyon Hills community. Pursuant to State CEQA Guidelines Section 15093, the City must balance the benefits of the Project against any unavoidable environmental impacts in determining whether to approve the Project. If the benefits of the Specific Plan outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City has determined that the unavoidable adverse impacts that will result from Project implementation are acceptable and outweighed by specific social, economic and other benefits of the Project. In making this determination, the factors and public benefits specified below were considered. The City further finds that except for the Specific Plan, all other alternatives set forth in the EIR are infeasible because they would prohibit the realization of Specific Plan objectives and /or of specific economic, social and other benefits that this City finds outweigh any environmental benefits of the alternatives. Having reduced the adverse significant environmental effects of the Specific Plan to the extent feasible by adopting the proposed mitigation measures; having considered the entire administrative record on the Specific Plan; and having weighed the benefits of the Specific Plan against its unavoidable adverse impacts after mitigation, the City has determined that the following social, economic, and environmental benefits of the Specific Plan outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: AGENDA ITZEM X10. �1 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 7 OF 9 Environmental Benefits of the Project • The Open Space conservation easements will benefit biological resources through preservation of approximately 126 acres of natural hillside and riparian areas in perpetuity and designation of an additional 24 acres of open space. (Draft EIR, p. 3.8 -17) • The Open Space conservation easements will benefit the City by contributing to the City's overall conservation acreage under the MSHCP program. (Draft EIR, p. 3.8 -27) • The Project will benefit biological resources and provide quality Riparian/Riverine habitat through the enhancement of Cottonwood Creek and existing riparian oak woodland, including the removal invasive non - native plant species and revegetation with appropriate native species. (Draft EIR, p. 3.8 -35) • The Project will enhance the value of Cottonwood Creek as a wildlife movement corridor extending beyond the Project Site via a 155.3 -acre open space and park plan. (Draft EIR, pp. 2 -8 — 2 -11, 3.8 -35) • The Project will eliminate existing erosion conditions that have compromised the structural facilities and have caused siltation and temporary capacity reductions in the existing debris /detention basin in Tract 30492. (Draft EIR, pp. 3.7 -19, 3.7 -24) • The Project will provide water quality and flood control benefits by reducing and detaining some of the existing storm flows passing through the Project Site, much of which originates from existing and developing residential properties upstream in the study area watershed. (Draft EIR, p. 3.7 -32) • Through expanded detention/water quality basin design, the Project will negate more than its incremental share of runoff volumes by releasing stormwater from the Project Site at rates that are below the 100 -year storm flow capacities of downstream storm drains in the Canyon Hills development. (Draft EIR, pp. 3.7 -19, 3.7 -32) Social Benefits of the Project • The Project will improve local traffic circulation and emergency vehicle access to the Project Site and surrounding properties through AGENDA ITEM PAGE G- -_ PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 8 OF 9 the proposed road improvements. (Draft EIR, p. 2 -11, 2 -15 — 2 -16; 3.9 -3) • The Project will remove a potential health risk through demolition and clean up of debris, including possible asbestos - containing materials and lead -based paints. (Draft EIR, p. 3.9 -7 — 3.9 -8) • The Project will benefit the community as a whole, by removing the potential for illegal dumping, trespass, and other activities. (Draft EIR, p. 3.2 -22) • The Project will provide recreational opportunities for City residents and visitors including a 5.4 -acre park. (Draft EIR, p. 2 -8 — 2 -11) • The Project will provide an emergency access road that will promote emergency response and accessibility not only for the Project Site, but also for the adjacent residential areas in the County of Riverside to the south, which are currently accessible only by unimproved roads. (Draft EIR, p. 3.9 -3) • The Project will provide trails and bikeways, including a special modified roadway section with an expanded eight -foot parkway on one side to facilitate a public trail system throughout the project. (Draft EIR, p. 2 -15) • The Project has prepared a Fire Protection Plan that will reduce wildfire risk in the general vicinity of the Project site. (Draft EIR, p. 3.13 -7) Economic Benefits of the Project • The Project is expected to be built out by 2010, providing steady construction jobs over the construction period. • The Project will contribute fees toward traffic improvements, school facilities, park facilities, fire services, police services, water facilities, and sewer facilities. • The payment of parkland mitigation fees will benefit the City's park programs. (Draft EIR, p. 3.13 -13) The City has determined that the foregoing benefits provided to the public through approval and implementation of the Specific Plan outweigh the AGENDA ITELI O NO. V / PAGE_Z 2 _00 F-1—Z-4— PLANNING COMMISSION RESOLUTION NO. 2007-, PAGE 9 OF 9 identified significant adverse environmental impacts of the Specific Plan, which cannot be mitigated. The City finds that each of the Specific Plan benefits outweighs the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable. AGENDA HEM N0. PAGES ()� Z; RESOLUTION NO. 2007- A 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 FINDINGS THAT THE PROJECT KNOWN AS CANYON HILLS ESTATES IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2006 -04, Specific Plan No. 2006 -01, and Tentative Tract Map No. 34249 for the project identified as the Canyon Hills Estates Specific Plan (the "Project "); and WHEREAS, the 246.4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west. Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road (the "Project Site "); and WHEREAS, Section 6.0 of the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP ") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, action taken by the Planning Commission and City Council with regard to general plan amendment, specific plan, and tentative tract map applications are discretionary actions subject to the MSHCP; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), a draft environmental impact report was prepared for the project, circulated for public review for a period of 45 days and was accompanied by a Statement of Overriding Considerations; and WHEREAS, public notice of the Project 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 January 16, 2007. AGENDA ITEM NO Jl-- PACE f0L a _ PLANNING COMMISSION RESOLUTION NO. 2007-, PAGE 2 OF 5 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 Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the project to ensure consistency with the MSHCP criteria and other "Plan Wide Requirements. " The Project, as proposed, was found to be consistent with the MSHCP criteria. In addition, the Project was reviewed and found consistent with the following "Plan Wide Requirements ": Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Protection of Narrow Endemic Species (MSHCP § 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP § 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, but the site is not within a Criteria Cell. A LEAP was processed, but because the Project Site is not within a Criteria Cell, the Project is not subject to LEAP, and a Joint Project Review with the RCA was not required. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. AGENDA ETUA N0. PAGE 4Q' Q' ._G PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 5 Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. All potential impacts to riparian /riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP). The Project Site does not have vernal pools. The Project is therefore consistent with Section 6.1.2 of the MSHCP. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not located in a Narrow mapped in Section 6.1.3 of the MSHCP. are not applicable to the Project. Endemic Plant Species Survey Area as Therefore the provisions of Section 6.1.3 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Need and Procedures of the MSHCP. Five surveys were conducted on the entire site. The results of the surveys indicated that no Burrowing Owls occupied the Project site. However, the Project will be required to conduct a pre- construction survey 30 days prior to the commencement of grading. As such, the Project is consistent with Section 6.3.2 of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project Site is not within an MSHCP Criteria Cell. However, Cell 4951 is south of the Project Site. A number of Project design features have been included to address edge effects beyond the limits of grading at the urban /wildlands interface that are consistent with the guidelines of Section 6.1.4 of the MSHCP. Therefore, the Project is consistent with Section 6.1.4 of the MSHCP. 7. The Project is consistent with the Vegetation Mapping requirements. The Project site is not within a MSHCP Criteria Cell. Additionally, the site is not within the Narrow Endemic Plant Species Survey Area; therefore, no Narrow Endemic Plant surveys were required. However, plant communities were mapped and sensitive plant species not adequately conserved or covered by the MSHCP AGENDA Vrt -Dji PLANNING COMMISSION RESOLUTION NO. 2007-. PAGE 4OF5 were surveyed. These species include: Parry's spineflower, Plummer's mariposa lily, chaparral sand verbena, and Coulter's matilija poppy. Surveys and mapping were conducted pursuant to MSHCP requirements; therefore, the Project is consistent with the MSHCP Section 6.3.1 Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The Project Site is not in a Criteria Cell and is therefore not a Conservation Area. Criteria Cell 4951 is south of the Project Site, but the proposed fuels management as part of the Project do not encroach into Cell 4951. Therefore the Project is consistent with the Fuels Management Guidelines. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. 21_____� PAGE Jib OF PLANNING COMMISSION RESOLUTION NO. 2007-, PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 16th day of January 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman Lake Elsinore Planning Commission AGEAJDA TEjA jV PAGE 0;: F6 1 RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2006-04 WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2006 -04 for the project identified as the Canyon Hills Estates Specific Plan (the "Project "); and WHEREAS, the 246.4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west. Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road (the "Project Site "); and WHEREAS, on November 27, 1990, the City of Lake Elsinore City Council approved the current version of the Lake Elsinore General Plan; and WHEREAS, Government Code Section 65300 requires each city prepare and adopt a comprehensive, long -term general plan for the physical development of the City and any land outside the City's boundaries which in the City's judgment bear relation to the City's planning; and WHEREAS, the 1990 Lake Elsinore General Plan "Land Use Map" Figure designates the Project Site as Very Low Density Residential and Mountainous; and WHEREAS, on April 11, 2006, the City Council entertained a request by Trumark Companies to commence annexation proceedings for the Project Site; and WHEREAS, one of the entitlements which the City Council approved on April 11, 2006, as part of the annexation package, was General Plan Amendment (GPA) No. 2005 -08, which amended the City's General Plan Land Use Map to change the City's southern boundary and sphere of influence to incorporate the Project Site; and WHEREAS, after receiving City Council approval for the commencement of annexation proceedings, the applicant filed an application for a sphere of AGENDA ITEM N0. PAG__ PLANNING COMMISSION RESOLUTION NO. 2007-. PAGE 2 OF 5 influence change and annexation request with the Riverside Local Agency Formation Commission ( "LAFCO "); and WHEREAS, on October 26, 2006, LAFCO approved the sphere of influence request by way of LAFCO Resolution 2006 - 105 -1 &3, which added the Project Site to the City of Lake Elsinore's Sphere of Influence and removed the Project Site from the Wildomar Unincorporated Community (UC); and WHEREAS, pursuant to Section 17.80.010 of the City of Lake Elsinore Municipal Code, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approval of General Plan Amendments; and WHEREAS, public notice of the Project 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 January 16, 2007. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed the General Plan Amendment pursuant to the State Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) to determine the appropriateness of changing the general plan land use designation from Very Low Density Residential and Mountainous to Low Density Residential. SECTION 2. In accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code ( "LEMC "), the Planning Commission makes the following findings for the approval of General Plan Amendment No. 2006 -04: 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. AGENDA iTE-At PACE l ©$ ap 3 � PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 5 The proposed General Plan Amendment will change the Project Site's General Plan land use designation to Low Density Residential. Currently, the Project Site has a General Plan land use designation of Very Low Density Residential and Mountainous, which allow residential and accessory land uses. The proposed land uses are similar to existing and approved uses on all sides of the Project perimeter and roadway network. Impacts will be mitigated and therefore will not result in any significant impacts in surrounding neighborhood(s), except in the areas of construction - related air quality impacts and the timing of improvements to intersections that will not be operating at acceptable levels of service in 2025. The significant air quality impacts are only construction related and will not have long term effects. The intersection impacts will occur with or without the Project, which does contribute an insignificant amount of traffic to the impacted intersection. Therefore, the Project will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the Project. Furthermore, because the Project is a residential community, the Project will not be injurious to the property or improvements in the neighborhood surrounding the Project Site or within the City. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The Project Site has been pre -zoned Specific Plan, which requires the preparation of a Specific Plan for the purpose of master planning the site prior to allowing development to occur. Furthermore, section 17.99.010 of the Lake Elsinore Municipal Code states that the purpose of the Specific Plan zoning district is to enhance the appearance and livability of the community through encouragement of creative approaches to the use of land and the design of facilities; and, to promote and create public and private open space as an integral part of land development design. To this end, the Canyon Hills Estates Specific Plan will include residential, open space and park uses consistent with the Low Density Residential General Plan designation and compatible with the surrounding residential, open space and park land uses surrounding the Project Site. AGENDA E T IEM etiG. ;V PAGK-:L% ry - ;F /3 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 5 3. The proposed General Plan Amendment would establish a land use designation and usage more in character with the subject property's location, access, and constraints. The master planned community of Canyon Hills lies just north of the Project Site. Canyon Hills' residential neighborhoods are comprised of 5,000 square foot lots, which is a higher density than the Project Site and surrounding properties' General Plan designations. Changing the land use designation for the Project Site to Low Density Residential will create a neighborhood that is more in character with the pre- existing Canyon Hills development. In addition, the Low Density Residential designation will create a more natural transition from the higher density residential neighborhoods of Canyon Hills to the rural residential areas surrounding the Project Site. Residential clustering results in a residential product that compliments the topography and location of the Project Site. Finally, the Project will use existing points of access for the future residential community. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEI.li No. �/ PACE 0 LL PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 16th day of January 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman Lake Elsinore Planning Commission AGENDA 6 LEMI 11140. PAGE Lj�_®F RESOLUTION NO. 2007- A 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 SPECIFIC PLAN NO. 2006 -01 WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of Specific Plan No. 2006 -01 for the project identified as the Canyon Hills Estates Specific Plan (the "Project "). The 246.4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west. Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approval of specific plans; and WHEREAS, public notice of the Project 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 January 16, 2007. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Specific Plan No. 2006 -01 pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) and Chapter 17.99 of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. That in accordance with State Planning and Zoning laws and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Specific Plan No. 2006 -01: 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. PAGE�or� -L PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 2 OF 4 The Canyon Hills Estates Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et sea. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located 2. The proposed location shall allow the development to be well - integrated with or adequately buffered from its surroundings, whichever may be the case. The proposed project is appropriate to the site and surrounding developments in that the .project will construct single-family detached units in accordance with appropriate development and design standards contained in the Canyon Hills Estates Specific Plan. The project creates interest and varying vistas as a person moves along any project street. The project also complements the quality of existing neighboring development and will continue to provide visually pleasing design and architecture within the immediate area. 3. All vehicular traffic generated by the development, either in phased increments or at full build -out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The proposed Canyon Hills Estates Specific Plan has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 4. The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances , and as provided elsewhere by City Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The Final Specific Plan properly identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. The P'r PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 3 OF 4 Final Specific Plan identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. In addition, the Specific Plan identifies a 5.4 acre park site for common use of the residents, and approximately 126 acres of open space for dedication and preservation. 5. The overall design of the Specific Plan will produce an attractive, efficient and stable development. The proposed Canyon Hills Estates Specific Plan has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate residential area. The project, as proposed, will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects, in that the proposed use has been reviewed to ensure adequate provision of screening from the public rights -of -way or adjacent properties. The Canyon Hills Estates Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Specific Plan and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non - significance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. Environmental Impact Report No. 2006 -02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Specific Plan. AGENDA MENi No. 4/ PAGES /3 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 4 OF 4 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 16th day of January, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman Lake Elsinore Planning Commission ACE. -IDA &T[-fj NC, PACE] t j- CF ,� RESOLUTION NO. 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 34249 WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 34249 which subdivides 246.40 acres of land into 302 residential lots (the "Project "); and WHEREAS, the 246.4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west. Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road (the "Project Site "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, public notice of the Project 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 January 16, 2007. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Tentative Tract Map No. 34249 pursuant to the Subdivision Map Act (Cal. Gov. Code §§ 66000 et seq.) and Title 16 of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. In accordance with the Subdivision Map Act and Title 16 of the LEMC, the Planning Commission makes the following findings for the approval of Tentative Tract Map No. 34249: AGENDA ITEM NO. PAGE L& OF PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 2 OF 4 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan, Zoning Code, Title 16 of the Municipal Code relating to Subdivisions, and the State Subdivision Map Act. The design of the subdivision and density of 1.23 dwelling units per acre is consistent with the General Plan designation of Low Density Residential, which accommodates residential development up to 3 dwelling units per acre. The Project is consistent with the designated land use planning area, development and design standards, and all other requirements contained in the General Plan, Canyon Hills Estates Specific Plan, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Project is consistent with the land use plan, development and design standards and programs, and all other requirements of the General Plan and Canyon Hills Estates Specific Plan. For example, the General Plan designates the Project Site as Low Density Residential. The Canyon Hills Estates Specific Plan designates the Project Site as Single Family Residential 1 (SF -1) (minimum lot size of 7,200 square feet) and Single Family Residential 2 (SF -2) (maximum density of 6.8 dwelling units per acre). Tract Map No. 34249 is consistent with the SF -1 and SF- 2 designations and applicable development and design standards because the maximum density incorporated into the Tract Map is 1.23 dwelling units per acre. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced (Government Code Section 66412.3). In light of General Plan Amendment No. 2006 -04 and Specific Plan 2006 -01, the Project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, and will pay all appropriate fees. The proposed subdivision's effects upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced in the Project EIR and Plan of Services. AGENDA ITEM Ada. PAGE 3 PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 3 OF 4 4. The design of the subdivision provides, to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). Government Code Section 66473.1(b)(1) and (2) indicate that examples of passive or natural heating and cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east -west alignment for southern exposure and to permit orientation of a structure to take advantage of shade or prevailing breezes. The Project subdivision has been designed to include a variety of lot sizes ranging from 3,000 square feet to over 20, 000 square feet, and a variety of lot configurations. Lot configurations and lot sizes were determined based upon the consideration of multiple factors, including, but not limited to: passive or natural heating or cooling opportunities, contours, circulation, access, open space buffers and biological resources. Nevertheless, because much of the site is a north facing slope, passive or natural heating opportunities are limited. Similarly, opportunities were limited to orient the lots to take advantage of southwest prevailing winds due to site contours. Where feasible, lots were configured to permit orientation of a structure in an east - west alignment for southern exposure and to permit orientation of a structure to take advantage of shade or prevailing breezes. Additionally, the Project will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. a / PAGE i / 9 OF _L3(, PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 16th day of January 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman Lake Elsinore Planning Commission AGENDA ITEMS NO. )/ . PAGE. ! GF /3� CONDITIONS OF APPROVAL SPECIFIC PLAN NO. 2006-01 TENTATIVE TRACT MAP NO. 34249 GENERAL PLAN AMENDMENT NO. 2006-04 CANYON HILLS ESTATES SPECIFIC PLAN GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Environmental Impact Report, General Plan Amendment No. 2006 -04, Specific Plan No. 2006 -01, and Tentative Tract Map No. 34249 (collectively, the "Project "). PLANNING DIVISION 2. All conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All conditions of approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. The applicant shall comply with the City's Noise Ordinance as set forth in Lake Elsinore Municipal Code Chapter 17.78. 4. The applicant shall prepare a final landscape plan subject to the review and approval of the Director of Community Development or designee. The plan shall incorporate details identifying screening, irrigation and aesthetic mitigation of the on -site water tanks. Said landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. 5. Approval of the Project is expressly conditioned upon Riverside LAFCO's approval of Annexation No. 75. If the City does not receive from Riverside LAFCO a certificate of completion of Annexation No. 75 within two (2) years from the date of City Council approval of the Project, the City Council approval of the Project shall be null and void. No subdivision, construction, development, or grading of the Project shall be undertaken prior to the City's ACErgDA ITEM No PAG2 CONDITIONS OF APPROVAL PAGE 2OF15 CANYON HILLS ESTATES receipt of a certificate of completion of Annexation No. 75 from the Riverside LAFCO. SPECIFIC PLAN NO. 2006-01 6. The Draft Canyon Hills Estates Specific Plan shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council. A Final Canyon Hills Estates Specific Plan document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the Canyon Hills Estates Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee. 7. Future development shall comply with those standards and guidelines contained in the Canyon Hills Estates Specific Plan document. 8. Those issues, standards, guidelines, etc. not addressed in the Canyon Hills Estates Specific Plan shall revert to the Lake Elsinore Municipal Code in effect at the time any future development is proposed. 9. The applicant shall participate in and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 10.The applicant shall provide all project- related onsite and offsite improvements as described in the Canyon Hills Estates Specific Plan document. TENTATIVE TRACT MAP NO. 34249 I I.The Tentative Tract Map No. 34249 shall expire two (2) years from date when the City receives notice of completion of Annexation No. 75 from Riverside LAFCO, unless within that period of time a Final Map has been filed and recorded with the County Recorder, or an extension of time is Acr :NDs €TENI N-0. PAGE op- l3 �G CONDITIONS OF APPROVAL PAGE 3OF15 CANYON HILLS ESTATES granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 12.The Tentative Parcel Map No. 34249 shall comply with the Subdivision Map Act and shall comply with all applicable requirements of Title 16 of the Lake Elsinore Municipal Code unless modified by these conditions of approval. 13.Prior to issuance of a final certificate of occupancy for Tentative Parcel Map No. 34249, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be satisfied. All uncompleted improvements must be bonded for as part of the agreements. 14.Prior to approval of the Final Map, or prior to issuance of building permit if deemed appropriate by the City Engineer, the applicant shall create and complete the formation of a Homeowner's Association for the Project. The Homeowner's Association shall be approved by the City. To the extent that the Homeowner's Association will be governed by Articles of Incorporations, Covenants, Conditions and Restrictions ( "CC &Rs "), or any other such instrument, those documents shall be submitted to the City Planning & Engineering Departments and City Attorney's Office for review and approval. 15.The CC &Rs drafted for the Project's Homeowner's Association shall expressly designate the City as a third party beneficiary. Specifically, the CC &Rs shall state, "The City of Lake Elsinore and its successors and assigns are expressly made third party beneficiaries to this Declaration and the conditions, covenants and restrictions contained herein governing the use, operation and maintenance of the Property. The City has the right, but not the obligation, to enforce the provisions of this Declaration. Any amendment to this Declaration shall require the written consent of the City." CONDITIONS OF APPROVAL PAGE 4OF15 CANYON HILLS ESTATES 16.The CC &Rs drafted for the Project's Homeowner's Association shall comport with the terms and conditions set forth in these conditions of approval. 17.All construction shall comply with these conditions of approval, the provisions and requirements contained in the Canyon Hills Estates Specific Plan, and the guidelines for development set forth in the Lake Elsinore Municipal Code. 18.The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Chapter 15.72 of the Lake Elsinore Municipal Code. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineering. 19.The applicant shall comply with all applicable City Codes and Ordinances. 20.A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 21.The design and construction of the project shall meet all County Fire Department standards for fire protection. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 22.The project shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 23.Prior to issuance of building permits, the applicant shall pay park -in -lieu fee in effect at time of building permit issuance or dedicate the proposed approximately 5.4 acre park area to the City. P"iV Gid �fl"� d?�Leb� 690. P, A GP 12,3 _�� 3 CONDITIONS OF APPROVAL PAGE 5OF15 CANYON HILLS ESTATES 24.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 25.The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of each building permit. ENVIRONMENTAL 26.The following mitigation measures related to the protection of Cultural Resources shall be implemented as described below: • TS -01 shall be avoided and preserved where feasible including a 10 meter buffer surrounding the boundaries of TS -01 to protect the delineated site area and any associated subsurface components. Protective fencing during construction shall be provided to protect TS -01 where feasible. Any recovered artifacts shall be housed at a curatorial facility in compliance with 36 CFR 79 or given to the affiliated Tribe as determined by the Section 106 process in accordance with the National Historic Preservation Act. • Prior to the issuance of any grading permits, a Phase II cultural resources testing and evaluation program shall be conducted for TS- 01 and TS -02. The Phase II evaluation plan shall contain a research design and field methodology designed to evaluate the significance of the sites pursuant to applicable law and in accordance with general archaeological reporting standards for such. If Phase II testing determines the presence of a "unique archaeological resource" under Public Resources Code Section 21083.2, the report shall include recommended measures to avoid or mitigate impacts to the sites. Where avoidance of significant resources is not feasible, Phase III investigations (data recovery) shall be completed. • All testing and evaluation shall be supervised by an individual or individuals meeting the Secretary of the Interior's Professional Qualifications Standards as a qualified prehistoric archaeologist for AGENDA ITEM F110. PAGE L :� OF -� - -- CONDITIONS OF APPROVAL PAGE 6 OF 15 CANYON HILLS ESTATES Site TS -01 and as an historic archaeologist for Site TS -02 and /or a Registered Professional Archaeologist (RPA) with similar qualifications. • If the Phase II cultural resources evaluation program determines that a given resource is eligible for listing on the California Registry of Historic Resources (CRHR) and /or local listings and therefore meets the definition of an "historical resource," or if there is a determination by the City in consultation with the Pechanga Tribe that a resource is "unique" pursuant to applicable law, an impact determination shall be made prior to issuance of grading permits. If the impacts are determined to be significant, appropriate mitigation measures shall be designed in consultation with the Pechanga Tribe to mitigate impacts to below a level of significance with preservation as the preferred mitigation if feasible. If preservation is not the chosen alternative, a data recovery program shall be implemented. The data recovery program shall entail, at a minimum, the collection of surface materials and a sufficient sample of buried materials, analysis, and reporting of recovered materials consistent with the Cultural Resources Treatment and Monitoring Agreement by and between the Project Applicant and the Pechanga Tribe. • Prior to issuance of grading permit(s) for the Project, the Project Applicant shall retain an archaeological monitor to monitor all ground - disturbing activities with special emphasis on the vicinity of TS -01 and TS -02 in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. • At least 30 days prior to seeking a grading permit, the project applicant shall contact the Pechanga Band of Luiseno Indians for the purpose of notifying the Tribe of the grading, excavation and monitoring program, and to coordinate with the City of Lake Elsinore and the Pechanga Band of Luiseno Indians to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement AGUNDA ITEW1 F�0. ' PAGE � 2T__ OF � --- CONDITIONS OF APPROVAL PAGE 7 OF 15 CANYON HILLS ESTATES shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The City of Lake Elsinore shall be the final arbiter of any disputes concerning the conditions included in the Agreement. • Prior to issuance of any grading permit, the project archaeologist shall file a pre - grading report with the City and County (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the Treatment Agreement, the archaeological monitor's authority to stop and redirect grading shall be exercised in consultation with the Pechanga Band of Luiseno Indians in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. • If human remains are encountered, State Health and Safety Code Section 7050.5 shall apply and no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The Riverside County Coroner shall be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of discovery. The MLD shall complete the AGENDA ITEM NO. _a PAGE / 2­6 OF 13� CONDITIONS OF APPROVAL PAGE 8OF15 CANYON HILLS ESTATES inspection and provide its recommendations pursuant to Public Resources Code 5097.98. 27.The applicant shall implement all mitigation measures identified in Environmental Impact Report No. 2006 -02 and its Mitigation Monitoring Program. ENGINEERING DIVISION 28.A grading plan, signed and stamped by a California Registered Civil Engineer, shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading .permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 29.Prior to commencement of grading operations, applicant shall provide the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 30.All grading shall be done under the supervision of a geotechnical engineer who shall also certify, for stability and proper erosion control, all slopes approved by the City to be steeper than 2 to 1. 31.An Encroachment Permit shall be obtained prior to any work on City right - of -way. 32. Street improvements, traffic signing and striping are required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet City and /or Riverside County standards. 33.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. AGENDA ITEM PJ®.�_�� PAGE�G� CONDITIONS OF APPROVAL PAGE 9 OF 15 CANYON HILLS ESTATES 34.Applicant shall pay all applicable development impact /mitigation fees, including but not limited to TUMF, MSHCP,TIF and Area Drainage Fees. The amount to be paid for each fee shall be consistent with the fee in effect per each fee's implementing ordinance. 35.10 -year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 36.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2" x 11 " Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved.. 37.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 material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 38.On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 39.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. Diversion of historic flows shall not be allowed. a. Roof drains shall not be allowed to outlet directly through coring in the street curb. 40.Roofs should drain across a minimum of 20 -feet of landscaped area. 41.The applicant shall provide for the detention of storm water increases due to AGENDM - A NO. k PAGE 7.9 OF 13 CONDITIONS OF APPROVAL PAGE 10 OF 15 CANYON HILLS ESTATES the project as increased from historic flow volumes. Basins shall be designed consistent with Riverside County Flood Control District standards. 42.The applicant shall comply with all NPDES requirements, including the submittal of a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 43.City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain systems or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You . Should Know" describing preventing measures are available at City Hall. 44.PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waiver — is strictly prohibited by local ordinances and state and federal law. Prior to Issuance of a Grading Permit 45.If the grading is less than 50 cubic yards and a grading plan is not required, a site plan showing proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 46.Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and/or diversion of drainage. 47.The approved grading plan shall show conveyance of any storm water historically traversing the project site. The storm drain design shall convey, AGENDA ITEM 640. PAGE CONDITIONS OF APPROVAL PAGE 11 OF 15 CANYON HILLS ESTATES at a minimum, the 100 year storm event detailing overland release of any supplemental water volume. 48.Provide soils, geology and seismic report for plan check review and approval. Provide final soils report showing compliance with recommendations. 49.The applicant shall obtain all necessary off -site easements for off -site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. a. Applicant shall provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 50.Applicant shall provide the city with proof of filing a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 51.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction, which describes BMP's that shall be implemented for the development and including maintenance responsibilities. Prior to Issuance of Building Permit 52.Unless other timing is indicated, all Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to building permit. 53.The applicant shall construct a full 40 -foot street section on 60 -feet of AGENDA ITEM NO. CE 00 OF� 3 CONDITIONS OF APPROVAL PAGE 12 OF 15 CANYON HILLS ESTATES dedicated right of way as the modified section with expanded parkway for project site internal public streets. 54.Cottonwood Canyon Road shall be constructed with 48 -feet of road section from curb to curb with a dedicated right of way width of 70 -feet. 55.The applicant shall construct a 24 -foot street section with asphalt dyke on the southerly side and curb, gutter and sidewalk improvements on the northerly side of Navajo Springs Road. In addition, the applicant shall provide geotechnical data to support a slope steeper than 2:1 between the toe of slope and right of way line. 56.The applicant shall construct a 32 -foot street section with asphalt dyke on the southerly side and curb, gutter and sidewalk improvements on. the northerly side of Lost Road. All slopes exceeding 2:1 shall be approved prior to issuance of grading permit. 57.All project site internal private local streets shall have a minimum 36 -foot section with rolled curbs constructed on a 46 -foot easement. 58.The applicant shall comply with access requirements from the Fire Department. 59.The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. The Will Serve letter shall be submitted prior to applying for a building permit. 60.The applicant shall pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC 16.34) including, but not limited to Traffic Improvement Fee, Transportation Uniform Mitigation Fee, Area Drainage fee. AGENDA FEM, U0. FADE /3/ of 3� CONDITIONS OF APPROVAL PAGE 13 OF 15 CANYON HILLS ESTATES Prior to Occupancy 61.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division. 62.All public improvements including signing and striping, and street lighting shall be completed in accordance with the approved plans or as condition of development to the satisfaction of the City Engineer. 63.Onsite circulation of the Project shall be completed to the satisfaction of the Fire Department. 64.The applicant shall coordinate the construction of a street light with Southern California Edison consistent with the City Standard street light spacing. 65.Water and sewer improvements shall be completed in accordance with Water District requirements. COMMUNITY SERVICES DEPARTMENT 66.The applicant shall dedicate five (5) acres of park land to the City in perpetuity. The Park Site shall be equestrian in design and located off of Cottonwood Canyon Road (as per preliminary park site plan) intersecting Street "A ". 67.Regional Trail Connections shall be integrated into the development. 68.Construction of the Park Site shall be completed at the opening of the first model home. 69.Prior to issuance of building permits, the developer shall dedicate the 5.4 acre park area to the City. Park credit fees towards park construction shall be applied (302 units @ $1,600 = $483,200). However, all interior a i N D,Ci ITEM N0. CONDITIONS OF APPROVAL PAGE 14 OF 15 CANYON HILLS ESTATES landscape, recreation areas, facilities and /or open space that are maintained by the Homeowner's Association will not receive park credits. 70.The applicant shall participate in the "Public Facility" fee program. 71.The applicant shall comply with all NPDES storm water requirements. 72.The Homeowner's Association shall maintain all natural and manufactured slopes. 73.The Homeowner's Association shall maintain all drainage facilities and structures. 74.The Homeowner's Association shall maintain all catch basins, collectors, v- ditches or any other related flood control or storm water control device. 75.The Homeowner's Association shall to maintain all exterior walls and landscaping. 76.The applicant shall participate in the City -wide LLMD. Prior to issuance of certificates of occupancy, the developer shall annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 77.The applicant shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 78.Prior to issuance of the final certificate of occupancy, the applicant shall provide the City with an inventory of all street signs, street markings, street trees and total square footage of all streets in a digital format acceptable to the City. 79.The applicant shall satisfy all City curb, gutter and sidewalk requirements. 80.The City shall retain final review and approval authority over all park AGRODAITRANO. CO Pv ;oF: 3 3 e l 3 CONDITIONS OF APPROVAL PAGE 15 OF 15 CANYON HILLS ESTATES development and implementation plans. 81.The City's Landscape Architect shall review all landscape and/or irrigation plans. ADMINISTRATIVE SERVICES DEPARTMENT 82.Annex into CFD 2003 -1: Prior to approval of the Final Map, the applicant shall annex into the Mello -Roos Community Facilities District 2003 -1 to offset the annual negative fiscal impacts of the Project on public safety operations and maintenance issues in the City. 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(a,harris- assoc.com. 83.Annex into CFD 2006 -5: Prior to approval of the Final Map, the applicant shall annex into the Mello -Roos Community Facilities District 2006 -5 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(a,harri s- assoc.com. 84.Annex into LLMD No. 1: Prior to approval of the Final Map, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the Project on public right -of- way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 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 dnderson . harris- assoc.com. .AGENDA fTEA 40. PAGE_k3y AGENDA ITEP.1 rJO. PACE 13 5- O i C� O O r W f W W Well C7 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL CHAIRWOMAN AND REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER DATE: JANUARY 23, 2007 SUBJECT: TENTATIVE TRACT MAP NO. 32481 CAPE OF GOOD HOPE SPECIFIC PLAN APPLICANTh RANDY ZIEGLER, LAKE ELSINORE REAL ESTATE, OWNER DEVELOPMENT GROUP, 171 AMBROISE, NEWPORT COAST, CA, 92657 LOCATION The 1.7 -acre project site is located on the north side of Spruce Street, east of Mountain Avenue (APN: 389- 412 -027: the "Project Site "). REQUEST The applicant is requesting approval of Tentative Tract Map 32481, which will subdivide 1.7 acres of land in the Cape of Good Hope Specific Plan into five individual lots for single - family residential development ( "Tentative Tract Map 32481" or the "Tract Map "). Review is pursuant to the Cape of Good Hope Specific Plan and Title 16, Subdivisions, of the Lake Elsinore Municipal Code (LEMC). BACKGROUND Tentative Tract Map 32481 was reviewed by the Planning Commission at its regularly scheduled January 2, 2007, meeting. Upon reviewing the Tract Map, the Planning Commission determined that the proposed subdivision is consistent with the development standards identified in the Cape of Good Hope Specific Plan. Therefore, at the conclusion of the public hearing on January 2, the Planning Commission moved to recommend that the City Council approve Tentative Tract Map 32481 subject to the conditions of approval attached to the staff report. The Cape of Good Hope Specific Plan consists of two discrete sections: the section which comprises the Project Site and a section just north of the Project Site. The two sections of the Specific Plan are separated by a slope that abuts the northern boundary ACCNDA ITCM NO.�� PACE REPORT TO THE CITY COUNCIL JANUARY 23, 2007 PAGE 2 OF 3 of the Project Site. The development constraints on the two sections of the Specific Plan are not alike and require that the sections be developed under separate maps. It is for that reason that Tentative Tract Map No. 32481 subdivides only a portion of the Cape of Good Hope Specific Plan project area. The applicant is currently working with staff to process a larger tentative tract map for the greater and remaining portion of the Cape of Good Hope Specific Plan project area to the north. That tentative tract map will be presented to the Planning Commission and City Council at a later date. DISCUSSION Items of discussion at the Planning Commission hearing were related to the site design, and Tract Map improvements. The Commission expressed satisfaction with the design and layout of the proposed subdivision. It was the majority consensus of the Planning Commission to accept staff's recommendation of approval. FISCAL IMPACT Ultimately, the proposed subdivision will have a positive fiscal impact to the community and the City. That is, financial analyses of the Tract Map estimate that the residences that will be built as a result of the subdivision approval will generate sales tax because the individuals who move into the new homes will shop at and consume more goods, services, and products in the nearby commercial areas of the City of Lake Elsinore. In addition to the sales tax revenue that will be generated by the subdivision, it is anticipated that the development of the units pursuant to the Tract Map will provide a steady stream of construction jobs through the project's build out. Finally, the Tract Map has been conditioned to require that the applicant contribute fees toward traffic improvements, school facilities, park facilities, fire services, police services, water facilities, and sewer facilities. AGENDA ITEM NO. 42!� - PAGE --J, OF 35 REPORT TO THE CITY COUNCIL JANUARY 23, 2007 PAGE 3 OF 3 RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolutions: • Resolution No. 2007-M, adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) and; • Resolution No. 2007 -09, approving Tentative Tract Map No. 32481. PREPARED BY: KIRT A. COURY, PROJECT PLANNER APPROVED FOR / AGENDA BY: L✓ CITV MANAGEk;-S—O CE ATTACHMENTS V 1. Vicinity Map. 2. City Council Resolution No. 2007 -_ (Making Findings of Consistency with the MSHCP) 3. City Council Resolution No. 2007 -_ (Approving Tentative Tract Map No. 32481) 4. Conditions of Approval 5. Planning Commission Staff Report with Exhibits dated January 2, 2007. AGENDA iT24 NO. VICINITY MAP TENTATIVE TRACT MAP NO. 32481 CAPE OF GOOD HOPE SPECIFIC PLAN Stio RFO R CLMc �-- RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT TENTATIVE TRACT MAP NO. 32481 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTI - SPECIES HABITAT CONSERVATION PLAN WHEREAS, Randy Ziegler, Lake Elsinore Real Estate Development Group, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 32481, which subdivides 1.7 acres of land within the Cape of Good Hope Specific Plan area into five (5) residential lots (the "Project "). The Project Site is located on the north side of Spruce Street, east of Mountain Avenue, and commonly identifiable as APN 389 -412 -027 (the "Project Site "); and WHEREAS, Section 6.0 of the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP ") requires that for those discretionary projects that are not within an MSHCP criteria cell the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the other "Plan Wide Requirements" of the MSHCP; and WHEREAS, action taken by the Planning Commission and City Council with regard to the tentative tract map application is a discretionary action subject to the MSHCP; and WHEREAS, because the Tentative Tract Map 32481 is not within a criteria cell, the project is reviewed for consistency with the MSHCP other "Plan Wide Requirements "; and WHEREAS, on January 2, 2007, the Planning Commission considered the Project's consistency with the MSHCP other "Plan Wide Requirements" and recommended that the City Council of the City of Lake Elsinore find the Project consistent; and WHEREAS, public notice of the Project 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 January 23, 2007. "b V. Pic { = CITY COUNCIL RESOLUTION NO. 2007-_ PAGE 2 OF 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP other "Plan Wide Requirements" prior to making a decision to adopt Findings of Consistency. SECTION 2. That in accordance with the MSHCP, the City Council hereby makes the following findings regarding consistency of the Project with the MSHCP other "Plan Wide Requirements ": MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP consistency finding before approving the Project. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements. " The Project Site is not located within an MSHCP Criteria Cell; however, based on requirements of the MSHCP, the Project is required to be consistent with Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. Because the Project is not located within an MSHCP Criteria Cell, it was not processed through a LEAP or Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No riverine /riparian areas or vernal pools are present on the Project Site. The Project is therefore consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. A.b ZEE aDA i �a re<,r, —2— — CITY COUNCIL RESOLUTION NO. 2007-_ PAGE 3 OF 4 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the Project 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 Project is consistent with the Additional Survey Needs and Procedures. The Project is not subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project is surrounded by existing development to the east, west, and south. Further, the area to the north is currently being processed for development. Therefore, the Urban /Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the project. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the requirements of Vegetation Mapping set forth in Section 63.1 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. As stated above, the Project is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. v° , CITY COUNCIL RESOLUTION NO. 2007-_ PAGE 4 OF 4 10. The Project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 23rd day of January, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, City Clerk, CMC APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) PAGE L_8 OF 35 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 32481 WHICH SUBDIVIDES 1.7 ACRES OF THE CAPE OF GOOD HOPE SPECIFIC PLAN AREA INTO FIVE (5) RESIDENTIAL LOTS WHEREAS, Randy Ziegler, Lake Elsinore Real Estate Development Group, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 32481, which subdivides 1.7 acres of land within the Cape of Good Hope Specific Plan area into five (5) residential lots (the "Project "). The Project Site is located on the north side of Spruce Street, east of Mountain Avenue (the "Project Site "); and WHEREAS, the City Council of the City of Lake Elsinore is responsible for making decisions pertaining to the subdivision of land; and WHEREAS, public notice of the Project 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 January 23, 2007. 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 Tentative Tract Map No. 32481 and finds that the subdivision is consistent with Title 16 of the Lake Elsinore Municipal Code. SECTION 2. Based upon all of the evidence before the City Council, it is hereby determined that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to a class 32 exemption for in -fill development projects because: the Project is consistent with the City's general plan and zoning as further explained below; the subdivision of land occurs within the City's limits on five acres or less of land; the subdivision is surrounded by urban uses; the Project Site has no value as habitat for endangered, rare or threatened species as set forth in the MSHCP resolution; approval of the Project will not result in significant effects relating to traffic, noise, air quality or water quality because the Project involves construction of only five residential AGENDA FEA NO. PAGE \ OF 35 CITY COUNCIL RESOLUTION NO. 2007- PAGE 2 OF 3 units in a nearly built out portion of the City; and, the site can be adequately served by all required utilities and public services as demonstrated by the will serve letter submitted by the applicant pursuant to the conditions of approval placed on the Tentative Tract Map. SECTION 3. That in accordance with the Subdivision Map Act and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Tentative Tract Map No. 32481: 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan, Zoning Code, Title 16 of the Lake Elsinore Municipal Code, and the Subdivision Map Act. The design of the subdivision and density of 2.00 dwelling units per acre is consistent with the General Plan designation of Low Medium Density Residential, which accommodates residential development up 6 dwelling units per acre. The Project is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Cape of Good Hope Specific Plan, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan, and Cape of Good Hope Specific Plan. As discussed, the General Plan designates the Project Site as Low Medium Density Residential. The Cape of Good Hope Specific Plan designates the Project Site as Flat Pad Residential (RF) (minimum lot size of 7,200 square feet). Tract Map No. 32481 is consistent with the RF designation and applicable development and design standards. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The Project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impacts. PAGE ---�_ -2)S CITY COUNCIL RESOLUTION NO. 2007- PAGE 3 OF 3 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 23rd day of January, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, City Clerk, CMC APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore AGL-J D- k E Tiff A �,?�.��• CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32481 LOCATED AT ASSESSOR PARCEL NUMBER 389 - 412 -027 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Tract Map No. 32481. TENTATIVE TRACT MAP NO. 32481 2. Tentative Tract Map No. 32481 will expire two (2) years from date of approval unless within that period of time a Final Map has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. The Tentative Tract Map shall comply with the Subdivision Map Act and shall comply with all applicable requirements of Title 16 of the Lake Elsinore Municipal Code, unless modified by approved these conditions of approval. 4. Prior to issuance of a final certificate of occupancy for the Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the Lake Elsinore Municipal Code. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PAGE- CONDITIONS OF APPROVAL PAGE 2 OF 6 TENTATIVE TRACT MAP NO. 32481 9. All future structural development associated with this map shall require separate Design Review approval. 10.Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 11.The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 12.Prior to issuance of a building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 13.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14.Prior to issuance of a building permit, the applicant shall pay the City's Multiple Species Habitat Conservation Fee (MSHCP). 15.The applicant shall pay all applicable fees, including park fees. 16.The applicant shall meet all requirements of the providing electric utility company. 17.The applicant shall meet all requirements of the providing gas utility company. 18.The applicant shall meet all requirements of the providing telephone utility company. 19.A bond is required guaranteeing the removal of all trailers used during construction. 20.All signage, prior to installation, shall be reviewed and approved by the Planning Division. 21.The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and shall cease at 5:00 PM, nnGEE TC d^ b'! D'r �'ti G i PACE Q S CONDITIONS OF APPROVAL PAGE 3 OF 6 TENTATIVE TRACT MAP NO. 32481 Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING 22. The applicant shall dedicate full half width street right -of -way such that the centerline of Spruce Street to property line measures 30 -feet. If the dedications already exist, the applicant shall provide documentation, such a title report, to the City Engineer identifying the dedication. 23. The applicant shall construct full half width street improvements including curb, gutter, sidewalk and street landscaping. 24. Driveway construction shall include saw cutting and removal of the existing curb and construction of the new drive approach. 25. Drainage from each lot shall be conveyed to the public right -of -way at Spruce Street. No cross lot drainage shall be allowed. 26. Prior to issuance of a grading permit, the applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the City Engineer for review and approval. 27. The applicant shall comply with the City's National Pollution Discharge Elimination System permit. 28. 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 material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 29. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34) including the most current Traffic Improvement Fund (TIF), area drainage fee and Transportation Uniform Mitigation Fee (TUMF). AGENDA PACE iT 3 5 CONDITIONS OF APPROVAL PAGE 4 OF 6 TENTATIVE TRACT MAP NO. 32481 30. Before applying for a building permit, the applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. 31. The applicant shall construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 32. Street and alley improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 33. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit shall be required to do the work. 34. Work done under an encroachment permit for off -site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 35. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC 12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before issuance of a Certificate of Occupancy. 36. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 37. The applicant shall obtain all necessary off -site easements for off -site grading or drainage from the adjacent property owners prior to grading permit issuance. 38. The applicant shall apply for and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped AcErja1-1 4i �-� PAGE 15 c� 35 CONDITIONS OF APPROVAL PAGE 5 OF 6 TENTATIVE TRACT MAP NO. 32481 by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 39. The applicant shall provide erosion control measures as part of the grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 40. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 41. Provide fire protection facilities as required in writing by Riverside County Fire. 42. The applicant shall annex to the City's Street Lighting and Landscaping Maintenance District. 43. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 44. On -site 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. 45. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 46. Roof and yard drains will not be allowed to outlet through cuts in the street curb. 47. Roofs should drain to a landscaped area whenever feasible. 48. The applicant shall satisfy all requirements of LEMC 15.64 regarding flood hazard regulations. AGENDA ITEM NO._2 PACE �of 3 5 CONDITIONS OF APPROVAL PAGE 6 OF 6 TENTATIVE TRACT MAP NO. 32481 49. The applicant shall satisfy all requirements of LEMC 15.68 regarding floodplain management. 50. The applicant shall provide FEMA elevation certificates prior to certificate of occupancies 51. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. The applicant shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 52. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and include maintenance responsibilities. 53. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 54. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. AGENDA ITEM N0._? - PAGE L7 G ?j� CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 2, 2007 PREPARED BY: KIRT A. COURY, PROJECT PLANNER PROJECT TITLE: TENTATIVE TRACT MAP NO. 32481 CAPE OF GOOD HOPE SPECIFIC PLAN APPLICANT /: RANDY ZIEGLER, LAKE ELSINORE REAL ESTATE, OWNER DEVELOPMENT GROUP, 171 AMBROISE, NEWPORT COAST, CA, 92657 PROJECT REQUEST The request before the Planning Commission is for the subdivision of 1.7 acres of land in the Cape of Good Hope Specific Plan into five individual lots for single - family residential development. Review is pursuant to the Cape of Good Hope Specific Plan and Title 16, Subdivisions, of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The 1.7 -acre project site is located on the north side of Spruce Street, east of Mountain Avenue (APN: 389 -412 -027). ENVIRONMENTAL SETTING The site is bounded on the north and east by vacant single family residential land, and by the west and south by existing single - family homes. AGENDA ! T 04 tea. `' f2� PAGE � �_ OF- �JS PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP NO. 32481 JANUARY 2, 2007 Project Vacant Cape of Good Hope Low Medium Density Site S ecifc Plan Residential North Vacant Cape of Good Hope Low Medium Density S ecifc Plan Residential South Single- R -1 (Single Family Low Medium Density Family Residential) Residential Residential East Vacant R -1 (Single Family Low Medium Density Residential) Residential West Single- R -1 (Single Family Low Medium Density Family Residential) Residential Residential PROJECT DESCRIPTION The proposed tract map will subdivide the aforementioned 1.7 -acres of residentially zoned land into five separate parcels. Lot No. 1 will be .18 acres (7,858 square feet), Lot No.'s 2, 3, and 4 will be .165 acres (7,200 square feet), and Lot No. 5 will be. 17 acres (7,421 square feet). ANALYSIS The proposed subdivision has been deemed to be consistent with the development standards identified in the Cape of Good Hope Specific Plan. The Cape of Good Hope Specific Plan requires that all newly subdivided parcels be a minimum size of 7,200 square feet. The proposed subdivision complies with this requirement. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15332. This section exempts "Infill" projects of 5 acres or less. No further environmental clearance is necessary. AGENDA ITEM No. PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP NO. 32481 JANUARY 2, 2007 RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2007 -_ recommending to the City Council adoption of findings of consistency with the MSHCP, and Resolution No. 2007 -_ recommending approval of Tentative Tract Map No. 32481 to the City Council. This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report. PREPARED BY: KIRT A. COURY, PROJECT PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1. Resolution No. 2007 -_ recommending that the City Council make Findings that the Project is consistent with the Multi Species Habitat Conservation Plan (MSHCP). 2. Resolution No. 2007 -_ recommending that the City Council approve Tentative Tract Map No. 32481. 3. Conditions of Approval. 4. Exhibits: `A': Location Map `B': Tentative Tract Map No. 32481 (reduction) `C': Tentative Tract Map No. 32481 (full size) AGENDA ITEM No. —12:— PACE act - SS RESOLUTION NO. 2007-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI - SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT IDENTIFIED AS TENTATIVE TRACT MAP NO. 32481 WHEREAS, Randy Ziegler, Lake Elsinore Real Estate Development Group, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 32481 which subdivides 1.7 acres of land within the Cape of Good Hope Specific Plan area into five (5) residential lots. The project site is located on the north side of Spruce Street, east of Mountain Avenue, and commonly identifiable as APN 389 -412 -027 (the "Project "); and WHEREAS, these applications comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code § 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15332. This section exempts "Infill" projects of 5 acres or less. No further environmental clearance is necessary; and WHEREAS, public notice of the Project 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 January 2, 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 application and its consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. AGENDA ITEM NO. _ de, -- PAGE a � OF, 35 PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 2 OF 4 SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: MSHCP CONSISTENCY 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. Pursuant to the City's MSHCP Resolution, the project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The project site is not located within a MSHCP Criteria Cell. However, based on requirements of the MSHCP, the project is required to be consistent with Section 6.1. 2 Riparian /Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the proposed project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No riverine /riparian areas or vernal pools are present on the project site. The project is therefore consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the project 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. AGENDA ITEM NO._ #? ?�-, PAGE Irk of 3S PLANNING COMMISSION RESOLUTION NO. 2007-_ PAGE 3 OF 4 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the project is not subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the Urban /Wildlands Interface Guidelines. The project is surrounded by existing development to the east, west, and south. Further, the area to the north is currently being processed for development. Therefore, the Urban /Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the project. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to 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. As stated above, the project is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the project. No further action regarding 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. I O.The proposed project is consistent with the MSHCP. The project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. AGENDA ITEM tt0. -_2,,� PAGE�O 2 C PLANNING COMMISSION RESOLUTION NO. 2007- PAGE 4 OF 4 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 2nd day of January, 2007, by the following vote: AYES: COMMISSIONERS: O'NEAL, GONZALES, FLORES, MENDOZA, ZANELLI NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEINI FAO. PACE- r 35 RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 32481 WHICH SUBDIVIDES 1.7 ACRES OF THE CAPE OF GOOD HOPE SPECIFIC PLAN AREA INTO FIVE (5) RESIDENTIAL LOTS WHEREAS, Randy Ziegler, Lake Elsinore Real Estate Development Group, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 32481 which subdivides 1.7 acres of land within the Cape of Good Hope Specific Plan area into five (5) residential lots. The project site is located on the north side of Spruce Street, east of Mountain Avenue; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, public notice of the Project 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 January 2, 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 subdivision, Tentative Tract Map No. 32481, prior to making a decision to recommend that the City Council approve the proposed subdivision. The Planning Commission finds and determines that this project is exempt pursuant to CEQA, which exempts infill projects 5 acres or less. SECTION 2. That in accordance with State California Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the following findings for the approval of Tentative Tract Map No. 32481 have been made as follows: 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. AGENDA IMA NO. Q PAGr- PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 2 OF 3 The design of the subdivision and density of 2.00 dwelling units per acre is consistent with the General Plan designation of Low Medium Density Residential, which accommodates residential development up 6 dwelling units per acre. The project is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Cape of Good Hope Specific Plan„ and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan, and Cape of Good Hope Specific Plan. As discussed, the General Plan designates the project site as Low Medium Density Residential. The Cape of Good Hope Specific Plan designates the project site as Flat Pad Residential (RF) (minimum lot size of 7,200 square feet). Tract Map No. 32481 is consistent with the RF designation and applicable development and design standards. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. NOW THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Tentative Tract Map No. 32481. AGENDA ITEM NO. ' ': PACE_ 3 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED this 2nd day of January, 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Rolfe M. Preisendanz Director of Community Development Michael O'Neal, Chairman Lake Elsinore Planning Commission PAGE _](J cF 3 S CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32481 LOCATED AT ASSESSOR PARCEL NUMBER 389 - 412 -027 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Tract Map No. 32481, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. TENTATIVE TRACT MAP NO. 32481 2. Tentative Tract Map No. 32481 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. AGENDA iTEE,fi No. PAGE .._0 - 3 5 CONDITIONS OF APPROVAL Page 2 of 6 TENTATIVE TRACT MAP NO. 32481 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. All future structural development associated with this map shall require separate Design Review approval. I O.Prior to issuance of any grading permit and /or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 11.The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 12.Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 13.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14.The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of building permits. 15.The applicant shall pay all applicable fees including park fees. 16.The applicant shall meet all requirements of the providing electric utility company. 17.The applicant shall meet all requirements of the providing gas utility company. 18.The applicant shall meet all requirements of the providing telephone utility company. 19.A bond is required guaranteeing the removal of all trailers used during construction. ACENDA ITHA N0. ) lam' _ PACE a1�o-r- 35 CONDITIONS OF APPROVAL Page 3 of 6 TENTATIVE TRACT MAP NO. 32481 20.All signage shall be subject to Planning Division review and approval prior to installation. 21.The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING 22. Dedicate full half width street right -of -way such that the centerline of Spruce Street to property line measures 30 -feet. If the dedications exists, provide documentation identifying the dedication such as a current title report. 23. Construct full half width street improvements including curb, gutter, sidewalk and street landscaping. 24. Driveway construction shall include saw cutting and removal of the existing curb and construction of the new drive approach 25. Drainage from each lot shall be conveyed to the public right -of -way at Spruce Street. No cross lot drainage shall be allowed. 26. Submit a Storm Water Pollution Prevention Plan (SWPPP) for approval. This document is required to be approved prior to issuance of a grading permit. 27. Comply with the City's National Pollution Discharge Elimination System permit. 28. 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 material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 29. Pay all Capital Improvement and Plan Check fees (LEMC 16.34) including the most current Traffic Improvement Fund (TIF), area drainage fee and AUENDA ITEM NO.�� pi;E 30 = 35 CONDITIONS OF APPROVAL Page 4 of 6 TENTATIVE TRACT MAP NO. 32481 Transportation Uniform Mitigation Fee (TUMF). 30. 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. Submit this letter prior to applying for a building permit. 31. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 32. Street and alley improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 33. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 34. Work done under an encroachment permit for off -site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 35. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC 12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 36. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11 " mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 37. The applicant shall obtain all necessary off -site easements for off -site grading or drainage from the adjacent property owners prior to grading permit issuance. 38. Apply and obtain a grading permit with appropriate security prior to building AGENDA ITEM NO. � _. PAGE CONDITIONS OF APPROVAL Page 5 of 6 TENTATIVE TRACT MAP NO. 32481 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 still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 39. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 40. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 41. Provide fire protection facilities as required in writing by Riverside County Fire. 42. The applicant shall annex to the City's Street Lighting and Landscaping Maintenance District. 43. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 44. On -site 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. 45. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 46. Roof and yard drains will not be allowed to outlet through cuts in the street curb. 47. Roofs should drain to a landscaped area whenever feasible. 48. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 49. Meet all requirements of LEMC 15.68 regarding floodplain management. AQENDA ITEM N10. r,),_ PAGE 3S CONDITIONS OF APPROVAL Page 6 of 6 TENTATIVE TRACT MAP NO. 32481 50. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 51. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 52. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 53. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 54. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. AGV,,,UZk ITEM VICINITY MAP TENTATIVE TRACT MAP NO. 32481 CAPE OF GOOD HOPE SPECIFIC PLAN ArjF -N iA IT EDA °40._ - 2 PAGE_j�_OF- 3 5--- rm c N M �0 Z LU r 1 az h - cn .J W W„ W � Q j LL M Fm V a Z W I- Z- tl tl tl a W uj N W g /xr d n9^ A i M � A A 9 1 sit � t or � k r AGENDA ITEM N� S ® 3 �o�da � i3 a1 1 gill fill 1 ksklkkk kkkkkzk i1UU1 H PS tl tl tl a W uj N W g /xr d n9^ A i M � A A 9 1 sit � t or � k r AGENDA ITEM N� S ® 3 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JANUARY 23, 2007 SUBJECT: PUBLIC HEARING — RESOLUTION APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION AREA NO. 14 (TRIESTE) PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 BACKGROUND On December 12, 2006, the City Council adopted a resolution declaring its intent to annex territory into Landscape and Street Lighting District No. 1 and approved an Engineer's Report for the annexation of the Tract 34231 development (Trieste) into Landscape and Street Lighting District No. 1. DISCUSSION The district annexation includes the Trieste development which contains approximately 9 street lights. The total annual cost of operations and maintenance for Landscaping is estimated at $9,133.45 or $75.48 per dwelling unit. The total annual cost of operations and maintenance for Street Lighting is estimated at $2,223.40 or $18.38 per dwelling unit. The estimated landscaping cost for the first year includes a 50% reserve of $4,316.73, bringing the total to $13,450.18 or $111.16 per dwelling unit. The estimated street lighting cost for the first year includes a 50% reserve of $861.70, bringing the total to $3,085.10 or $25.50 per dwelling unit. The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District and each annexation or zone tracked separately. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. AGENDA ITEM NO._23_____ PAGE—Z_OF REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 2 The City Council may approve up to a two percent (2 %) fixed rate adjustment annually. The rate adjustment will adjust the Maximum rate but not necessarily the assessment rate. If costs begin to exceed assessment revenue, the City Council may increase the assessment up to the Maximum. FISCAL IMPACT The City will have the appropriate funding to cover lighting for the designated areas in the district. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and call for testimony 2. Close the Public Hearing 3. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and states whether a majority protest exists 4. If no majority protest exists, then by motion, adopt Resolution No. 2007 — approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF ADMI ISTRATIVE SERVICES MANAGER'SbFFICE AGENDA ITEM NO. �_� PAGE a OF_�' RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION AREA NO. 14 (TRIESTE) WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code of the State of California (the "Act "), did on the 12th day of December, 2006, adopt a resolution initiating proceedings for the annexation of certain property (the "Annexed Area ") into the Landscape and Street Lighting District No. 1 (the "District ") as Annexation Area No. 14 (Trieste), (the "Annexation "), for the purposes provided therefore in the Act; and WHEREAS, said Resolution was duly and legally published in the time, form, and manner as required by law, and which Resolution is on file in the Office of the City Clerk; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that if the assessment is new, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the Annexation, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the property owner of said Annexation has submitted a signed and notarized petition and an assessment ballot in favor of the proposed assessment against the Annexation; and WHEREAS, the property owner by signing said petition, hereby waives the statutory requirements for the 45 -day noticing period for the public hearing and rights of majority protest; and WHEREAS, said petition and assessment ballot is on file in the Office of the City Clerk; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Landscape and Street Lighting District No. 1, Annexation Area No. 14 (Trieste), showing the boundaries of the Annexation, which are AGENDA ITEM NO. 2.a PAGE—Y--OF-!- CITY COUNCIL RESOLUTION NO. 2007 - Page 2 of 6 benefited by the improvements and the amount to be assessed against each of the parcels within the Annexation; and WHEREAS, the diagram and assessment have been filed with the City Clerk and are open to public inspection and may be referred to for all details regarding the improvements, the boundary of the Annexation, the assessments, the total costs, and the description of the parcel to be assessed; and WHEREAS, the City Council has examined and considered the diagram, the assessments, and the proceedings prior thereto; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction to order the proposed work. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the City hereby proposes an annual levy of assessments for the Landscape and Street Lighting District No. 1, Annexation Area No. 14 (Trieste). Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, streetlight and landscape improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. SECTION 3. The City Manager has directed to cause the preparation of a report in accordance with Article 4 of the Act for the Annexation and which is on file with the City Clerk. SECTION 4. A diagram for the Annexation (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be benefited and assessed for the AGENDA ITEM NO.� PAGE S OF 9 CITY COUNCIL RESOLUTION NO. 2007 - Page 3 of 6 improvements has been prepared as Exhibit "A." The diagram, assessments, and improvement plans have been filed with the City Clerk. SECTION 5. The City Council hereby finds that each and every part of the Engineer's Report is sufficient and the City Council hereby approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk. SECTION 6. The City Council does hereby reference the Engineer's Report that indicates the amount of the assessments, the Annexation boundary, detailed description of improvements, and the method of assessment. The Engineer's Report is on file in the office of the City Clerk and reference to the Engineer's Report is hereby made for all particulars. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 23rd day of January, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM N0._2 3 PAGE-1;—OF 9 CITY COUNCIL RESOLUTION NO. 2007 - Page 4 of 6 ATTEST: Frederick Ray, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. PAGE_Z_OF2 EXHIBIT A ANNEXATION NO. 14 (TRIESTE) TO LANDSCAPE AND STREET LIGTHTING MAINTENANCE DISTRICT NO. 1 AGENDA ITEM NO. 2 3 PAGE 0 OF 9 cQp PROJECT ,1\ MSWT aa.arn VX3NRY YAP NO RCMP SC"' V- 7W The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006 -07. Annexation No. 14 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 6 of 6 AGENDA ITEM CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JANUARY 23, 2007 SUBJECT: PUBLIC HEARING - APPROVING FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS, APPROVING THE FORMATION OF CFD 2006 -9 (TRIESTE); TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION; CANVASSING ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES BACKGROUND On December 12, 2006, the City adopted a resolution approving a Deposit and Reimbursement Agreement; a resolution of intention to form Community Facilities District (CFD) 2006 -9 (Trieste); and a resolution of intention to incur bonded indebtedness to finance the facilities. DISCUSSION The Developer plans to develop 121 condominium units (the "Project "). Fee Deposit and Reimbursement Agreements Development costs are only eligible for reimbursement with CFD funding if paid after the bonds are issued. Given the nature of the proposed reimbursable costs and the timing of when bonds will be issued, two Fee Deposit and Reimbursement agreements are necessary for the fees to be reimbursed from the CFD bond proceeds: City and MBK Homes. Ltd. — Under the agreement, the City will hold as a fee deposit, the equivalent amount of the developer fees. The City will be paid the developer fees from the future bond proceeds and the deposit collected from the developer would be reimbursed to the developer. If the bonds do not go forward, the fee deposit will be released to the City. j AGENDA ITEM N0. PAGE__) /--O REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 2 City, MBK Homes, Ltd. and EVMWD — Since EVMWD is participating in the proposed CFD, a Fee Deposit and Reimbursement Agreement between the City, EVMWD and the Developer is necessary. The agreement before you for approval relates to EVMWD fees. Under the agreement, the City will hold as a fee deposit, the equivalent amount of the developer fees paid for EVMWD fees. EVMWD will be paid the fees from the future bond proceeds and the deposit collected from the developer will be reimbursed to the developer. If the bonds do not go forward, the fee deposit will be released to EVMWD. Special Tax The average residential special tax is estimated at $2,895. The annual CFD Special Taxes, when combined with all other property taxes applicable to the Project, have been established so as not to exceed 1.99% of the anticipated residential home prices within the project, which is within the 2% City CFD guidelines. The 2% maximum tax rate includes estimates for the City development impact fees ( "City Fees "), EVMWD sewer and water capacity fees ( "EVMWD Fees "), LEUSD impact fees and, if sufficient bonding capacity is available, City improvements (collectively, "City Facilities ") and EVMWD improvements (collectively, "EVMWD Facilities "). 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 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. Bond Issue In order to finance the facilities it is necessary to incur bonded indebtedness. The not to exceed amount is $5,000,000. The bond issue is expected to be approximately $4.26 million. It is anticipated that the bond issue will have a level annual debt service. AGENDA ITEM NO. r,_ PAG a OF/QQ REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 3 Parks, Open Space and Storm Drains Operation and Maintenance 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 13 of the RMA, residential property will be assessed $251.78 per single family unit and $125.89 per multifamily unit for FY 2007 -08. FISCAL IMPACT The administrative cost of forming the district incurred by the City will be paid by a deposit made by the developer. Repayment of the bonds are secured by the special taxes levied on all property within the district, other than those properties that are exempt as provided in the respective rate and method of apportionment. The City will, however, be faced with a long -term obligation going forward to maintain the City public facilities constructed as part of the development. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: AGENDA ITEM NO. a PAQ OF ab REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 4 1. Open the Public Hearing and call for testimony 2. Close the Public Hearing 3. Adopt Resolution No. 2007 —_ approving two Fee Deposit and Reimbursement Agreements 4. Adopt Resolution No. 2007 — approving the formation of the District 5. Adopt Resolution No. 2007 — /3 to incur bonded indebtedness and calling a special election 6. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and state whether 2/3 of the voters are in favor 7. Adopt Resolution No. 2007 — ordering canvassing of the election results 8. Conduct first reading of the Ordinance No. authorizing the levy of special tax PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF AD INISTRATIVE SERVICES MANAGIER'S OIMCE AGENDA ITEM N0, PAGE _OF2- City of Lake Elsinore Exhibit "A" January 11, 2007 CFD No. 2006 -9 (Trieste) Page A -1 Boundary Map PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006 -9 OF THE CITY OF LAKE ELSINORE (TRIESTE) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SCALE: T'. )S' p" FILED IN THE OFTCE OF THE CITY CLERK OF THE CITY OF LANE ELSINORE TMIS DAY OF _4006. c�gL SITE IECT CITY OF LAKE ELSINORE 9 'Y I HEREBY CERMY THAT THE WD- NAP SHOWN THE PROPOSED OWWARCS OF CoNNUWtt rACDIrIES OISTMCT 1q, 1 N0. 2006 -B (TRESTE), CITY OF LANE ELSINORE. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA WAS APPROVED BY THE CITYDCOLANC OF THE CITY LAKE SIN ROREESOAT A REGULARLY SCHEpAED MEETING THEREOF. HELD ON THE L� r� FILED THIS _ DAY OF 2006. AT TIC HOUR Oi O'CLOCK —M. IN aow _ OF MAPS OF ASSESSMENT AND IN T1E OFFICE OF THE CC REFCORDER IN pTW 1 CCOUN OF MVERSDE. STAY OF CALIFORNIA NO R 2 RAILROAD COUNTY RECORDER CGINTY DF RI It FEE S �e CANYONROAD 2 REFERENCE THE RIVERSIDE COUNTY ASSESSORS MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AM DIMENSIONS NGNITY MAP PROPOSED BOUNDARY MAP NO SCALE LrrrNn IA576CT BOVIDARY Q:\ELSINORE \CFD 2006 -9 Trieste \reports \CFD Report 2006 -9 (Trieste).doc AGENDA ITEM NO. A2 q PAQL.L,Of`.)Q City of Lake Elsinore January 11, 2007 CFD No. 2006 -9 (Trieste) Page 4 COMMUNITY FACILITIES DISTRICT REPORT IV. Cost Estimate The cost estimate for the facilities described in Section III is set forth below. The actual facilities to be financed will ultimately be determined in accordance with the Funding, Construction and Acquisition Agreement between the City and Developer. Community Facilities District No. 2006 -9 (Trieste) Estimated Facilities Costs Facilities Cost Estimate City Improvements Traffic Signal Improvements $ 302,273 Park Improvements $ 1,500,000 City Impact Fees $ 707,727 Park Capital Improvement Fund Fee $ 206,184 Traffic Impact Fee $ 176,416 Library Capital Improvement Fee $ 19,330 Public Building Impact Fee - Public Facilities $ 305,797 EVMWD Improvements EVMWD Impact Fees $ 1,463,081 Water Connection Fee $ 756,257 Regional Sewer Fee $ 706,825 LEUSD Improvements LEUSD Impact Fees Total Estimated Cost $ 833,223 $ 4,806,304 It should be noted that the facilities cost estimates include all indirect costs such as project management, design engineering, right -of -way engineering, soils engineering and testing, plan checking, permits, fees, advertisement and award costs and inspections. Actual costs may differ from the amounts shown, which are estimates only and are not intended to be maximum limits in what may be expended. Q:\ELSINORE \CFD 2006 -9 Trieste \reports \CFD Report 2006 -9 (Trieste).doc AGENDA ITEM N0. PAGE _ 6 OF 45864308.1 FEE DEPOSIT AND REIMBURSEMENT AGREEMENT by and between CITY OF LAKE ELSINORE and MBK HOMES, LTD. relating to CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -9 (TRIESTE) AGENDA ITEM N0. PAGE-�-01712P FEE DEPOSIT AND REIMBURSEMENT AGREEMENT THIS FEE DEPOSIT AND REIMBURSEMENT AGREEMENT (the "Agreement ") is entered into effective as of the 23rd day of January, 2007, by and between the CITY OF LAKE ELSINORE, a city duly organized and existing under the laws of the State of California ( "City "), and MBK HOMES, LTD., a California limited partnership ( "Property Owner "), and relates to the proposed formation by City of a community facilities district to be known as "City of Lake Elsinore Community Facilities District No. 2006 -9 (Trieste)" (the "CFD "). RECITALS: A. The property described and depicted in Exhibit "A" hereto (the "Property ") is proposed to constitute the land within the boundaries of the CFD. B. Property Owner intends to develop the Property for residential purposes and has obtained or intends to obtain the necessary development approvals to construct approximately 121 residential units on the Property, as such development may be modified from time to time (the "Project "). C. The Project will require the payment, pursuant to the land use entitlements, conditions of approval, existing City ordinances and resolutions and development agreement for and applicable to the Project (the "Project Conditions "), of certain City Fees (defined below). D. In conjunction with the recording of the final subdivision map(s) for the Project, applicable to issuance of grading permits and /or the issuance of building permits for the construction of homes within the Project, Property Owner, or its successors or assigns, may elect to provide a security deposit to cover City Fees to the City (the "Deposit ") before any Bond Proceeds are available to pay the City Fees. In such case, Property Owner shall be entitled to (i) reimbursement of such Deposits and (ii) credit for payments made to the City from Bond Proceeds of the City Fees which would otherwise be due to the City in conjunction with the Project, all as further described herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified. (a) "Act" means the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code. AGENDA ITEM 45864309. i 1 PAGE Mb (b) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net funds generated by the sale of the Bonds and investment earnings thereon. (c) "Bonds" shall mean those bonds, or other securities, issued by, or on behalf of, the CFD in one or more series, as authorized by the qualified electors within the CFD. (d) "Deposits" means an amount deposited with the City by Property Owner as security for City Fees and which are eligible for refund by the City upon the sale of Bonds. (e) "City Fees" means the fees and charges and all components thereof imposed by the City upon the Project pursuant to the Project Conditions. (f) "Party" or "Parties" shall mean any one or all of the parties to this Agreement. (g) "State" means the State of California. 3. Proposed Formation of the CFD. City will undertake to analyze the appropriateness of forming the CFD. City will retain, at the expense of the Property Owner, the necessary consultants to analyze the proposed formation of the CFD. 4. Sale of Bonds and Use of Proceeds. In the event that the CFD is formed, the City Council acting as the legislative body of the CFD may, in its sole discretion, finance, among other things, the City Fees by issuing the Bonds. As required by the Project Conditions, it may be necessary for Property Owner, or its successors or assigns, to make Deposits before Bonds are issued. Upon the issuance and sale of the Bonds, Property Owner may execute and submit a payment request, in substantially the form attached hereto as Exhibit "B ", to the CFD requesting disbursement to the City of an amount equal to all Deposits from Bond Proceeds. Within ten (10) business days of the City's receipt of funds pursuant to such disbursement request, the City shall return the Deposits to Property Owner. In the event Bonds are not issued within twelve (12) months of the date of any Deposit, such Deposit may be applied to pay the City Fees, and shall no longer be reflected as a deposit on the accounts of the City. 5. Indemnification. Property Owner shall assume the defense of, indemnify and save harmless, City and the CFD, their respective officers and employees, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of Property Owner with respect to this Agreement; provided, however, that Property Owner shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees. 6. Amendment and Assignment. This Agreement may be amended at any time but only in writing signed by each party hereto. This Agreement may be assigned, in whole or in part, by the Property Owner to the purchaser of any parcel of land within the Property provided, however, such assignment shall not be effective unless and until the City has been notified, in writing, of such assignment. AGENDA ITEM NO. q 45864308.1 2 PACE / OFL 7. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 8. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy -two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: City: City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Attn: City Manager Property Owner: MBK Homes, Ltd. 175 Technology Drive, Suite 200 Irvine, California 92618 Attn: Patti Gillespie Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto. 9. Attorneys' Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorneys' fees. 10. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 11. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 12. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other party with the terms of this Agreement thereafter. 13. No Third Party Beneficiaries. No person or entity other than the CFD, when and if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the CFD, and Property Owner (and their respective successors and assigns, exclusive of individual homebuyers), any rights, remedies, obligations or liabilities under or by reason of this Agreement. 45864308.1 AGENDA ITEM NO. � 3 wAGE_11�_OF /ab 14. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above. ATTEST: FREDERICK RAY, CITY CLERK FREDERICK RAY APPROVED AS TO FORM: LEIBOLD, McCLENDON & MANN, P.C. City Attorney BARBARA ZEID LEIBOLD 45864308.1 CITY OF LAKE ELSINORE, a municipal corporation LIM Mayor MBK HOMES, LTD., a California limited partnership By:MBK Residential, Inc., a California corporation, its sole general partner IN Tim Kane, President AGENDA ITEM NO. 4 PAGE-OF �ID EXHIBIT A DESCRIPTION OF PROPERTY LEGAL DESCRIPTION AGENDA ITEM NO. �� 45864308.1 PAGE,r1-2-OFIEP BOUNDARY MAP 45864308.1 AGENDA ITEM NO.� PAGE-L�LOFZi�il-) EXHIBIT B DISBURSEMENT REQUEST FORM 1. City of Lake Elsinore Community Facilities District No. 2006 -9 (Trieste) ( "CFD ") is hereby requested to pay from the CFD bond proceeds to the City of Lake Elsinore (the "City "), as Payee, the sum set forth in 3 below. 2. The undersigned certifies that the amount requested for City Fees is due and payable and has not formed the basis of prior request or payment. 3. Amount requested: $ For Lot Nos: 4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the Fee Deposit and Reimbursement Agreement by and between the CITY OF LAKE ELSINORE and MBK HOMES, LTD., dated January 23, 2007 (the "Agreement "). Capitalized terms not defined herein shall have the meaning set forth in the Agreement. MBK HOMES, LTD., a California limited partnership By:MBK Residential, Inc., a California corporation, its sole general partner Wo Date: cc: City of Lake Elsinore Finance Dept. 45864308.1 Tim Kane, President AGENDA ITEM NO. PAGE /Y OF_,��I� 45864320.1 FEE DEPOSIT AND REIMBURSEMENT AGREEMENT by and among CITY OF LAKE ELSINORE, ELSINORE VALLEY MUNICIPAL WATER DISTRICT and MBK HOMES, LTD. relating to CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -9 (TRIESTE) AGENDA ITEM NO.-24 PAGE�OFL FEE DEPOSIT AND REIMBURSEMENT AGREEMENT THIS FEE DEPOSIT AND REIMBURSEMENT AGREEMENT (the "Agreement ") is entered into effective as of the 23rd day of January, 2007, by and among the CITY OF LAKE ELSINORE, a city duly organized and existing under the laws of the State of California ( "City "), ELSINORE VALLEY MUNICIPAL WATER DISTRICT, County of Riverside, State of California, a municipal water district ( "EVMWD "), and MBK HOMES, LTD., a California limited parnership ( "Property Owner "), and relates to the proposed formation by City of a community facilities district to be known as "City of Lake Elsinore Community Facilities District No. 2006 -9 (Trieste)" (the "CFD "). RECITALS: A. The property described and depicted in Exhibit "A" hereto (the "Property ") is proposed to constitute the land within the boundaries of the CFD. B. Property Owner intends to develop the Property for residential purposes and has obtained or intends to obtain the necessary development approvals to construct approximately 121 residential units on the Property, as such development may be modified from time to time (the "Project "). C. The Project will require the payment, pursuant to the rules and regulations of EVMWD, as amended from time to time, applicable to the Project (the "Project Conditions ") of certain EVMWD Charges (defined below). D. In conjunction with the recording of the final subdivision map(s) for the Project, the issuance of building permits for the construction of homes within the Project and /or receipt of water meters for such homes, Property Owner, or its successors or assigns, may elect to provide a security deposit to cover EVMWD Charges to EVMWD (the "Deposit') before any Bond Proceeds are available to pay the EVMWD Charges. In such case, Property Owner shall be entitled to (i) reimbursement of such Deposits and (ii) credit for payments made to EVMWD from Bond Proceeds of the EVMWD Charges which would otherwise be due to EVMWD in conjunction with the Project, all as further described herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified. (a) "Act' means the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code. AGENDA ITEM N ®. '24 45864320.1 1 PAG © OF /-�)D (b) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net funds generated by the sale of the Bonds and investment earnings thereon. (c) "Bonds" shall mean those bonds, or other securities, issued by, or on behalf of, the CFD in one or more series, as authorized by the qualified electors within the CFD. (d) "Deposits" means an amount deposited with EVMWD by Property Owner as security for EVMWD Charges and which are eligible for refund by EVMWD upon the sale of Bonds. (e) "EVMWD Charges" means water connection fees, sewer connection fees, annexation fees, sewer treatment capacity charges and all components thereof of EVMWD imposed upon the Project to pay for the provision of water and sewer services to and the construction of EVMWD water and sewer facilities required to serve the Project. Agreement. (f) "Party" or "Parties" shall mean any one or all of the parties to this (g) "State" means the State of California. 3. Proposed Formation of the CFD. City will undertake to analyze the appropriateness of forming the CFD. City will retain, at the expense of the Property Owner, the necessary consultants to analyze the proposed formation of the CFD. 4. Sale of Bonds and Use of Proceeds. In the event that the CFD is formed, the City Council acting as the legislative body of the CFD may, in its sole discretion, finance, among other things, the EVMWD Charges by issuing the Bonds. As required by the Project Conditions, it may be necessary for Property Owner, or its successors or assigns, to make Deposits before Bonds are issued. Upon the issuance and sale of the Bonds, Property Owner may execute and submit a payment request, in substantially the form attached hereto as Exhibit `B ", to the CFD requesting disbursement to EVMWD of an amount equal to all Deposits from Bond Proceeds. Within ten (10) business days of EVMWD's receipt of funds pursuant to such disbursement request, EVMWD shall return the Deposits to Property Owner. In the event Bonds are not issued within twelve (12) months of the date of any Deposit, such Deposit may be applied to pay the EVMWD Charges, and shall no longer be reflected as a deposit on the accounts of EVMWD. 5. Indemnification. Property Owner shall assume the defense of, indemnify and save harmless, the City, the CFD and EVMWD, their respective officers and employees, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of Property Owner with respect to this Agreement; provided, however, that Property Owner shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees. AGENDA ITEM N0. 45864320.1 2 PAGE—Z7_OF /-�C> 6. Disclosure of Special Tax; Calculation of Special Tax Requirement. (a) Delivery of Notice. From and after the date of this Agreement, Property Owner and its successors and assigns shall give a "Notice of Special Tax" (as defined in Section 6(b) below) to each prospective purchaser of a parcel in the CFD and shall deliver a fully executed copy of each notice to the CFD. Property Owner and its successors and assigns shall (i) maintain records of each Notice of Special Tax for a period of five (5) years, and (ii) shall provide copies of each notice to the CFD promptly following the giving of such notice. Property Owner and its successors and assigns shall include the Notice of Special Tax in all Property Owner's and its successors' and assigns' applications for Final Subdivision Reports required by the Department of Real Estate ( "DRE ") which are filed after the effective date of this Agreement. Property Owner and its successors and assigns shall require, as a condition precedent to close an escrow for the sale of real property to a developer acquiring lots (a "Residential Developer "), that such Residential Developer shall (i) maintain records of each Notice of Special Tax for a period of five (5) years, (ii) provide copies of each notice to the CFD promptly following the giving of such notice, and (iii) include the Notice of Special Tax in all of such Residential Developer's applications for Final Subdivision Reports required by DRE. (b) Notice of Special Tax. With respect to any parcel, the term "Notice of Special Tax" means a notice in the form prescribed by California Government Code Section 53341.5 which is calculated to disclose to the purchaser thereof (i) that the property being purchased is subject to the special tax of the CFD; (ii) the land use classification of such property; (iii) the maximum annual amount of the special tax and the number of years for which it will be levied; (iv) if available at the time such notice is delivered, an indication of the amount of special tax to be levied on such property for the following fiscal year; and (v) the types of facilities or services to be paid for with the proceeds of the special tax. (c) Notice to Subsequent Purchasers. The CFD will file with the Riverside County Recorder a notice of special tax lien that gives notice of the existence of the CFD and the levy of the special tax on property within the CFD for the benefit of subsequent property owners, pursuant to requirements of Section 3114.5 of the Streets and Highways Code. (d) Information Sheet and Sample Property Tax Bill. Property Owner and its successors and assigns shall provide each purchaser of property with a sample property tax bill in a form approved by the CFD. Property Owner and its successors and assigns shall provide prospective purchasers of homes an information sheet in the sales office in the form set forth in Exhibit C attached hereto and incorporated herein by this reference. 7. Amendment and Assignment. This Agreement may be amended at any time but only in writing signed by each party hereto. This Agreement may be assigned, in whole or in part, by the Property Owner to the purchaser of any parcel of land within the Property provided, however, such assignment shall not be effective unless and until the City and EVMWD have been notified, in writing, of such assignment. AGENDA ITEM NO. 9d 45864320.1 3 PAGE-Lr—OFAQ0 8. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 9. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy -two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: City: City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Attn: City Manager EVMWD: Elsinore Valley Municipal Water District 31315 Chaney Street Lake Elsinore, California 92530 Attn: General Manager Property Owner: MBK Homes, Ltd. 175 Technology Drive, Suite 200 Irvine, California 92618 Attn: Patti Gillespie Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto. 10. Attorneys' Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorneys' fees. 11. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 13. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other party with the terms of this Agreement thereafter. 14. No Third Party Beneficiaries. No person or entity other than the CFD, when and if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, AGENDA ITEM NO. 45864320.1 4 PAGE / 5 OF 1.20 the CFD, EVMWD and Property Owner (and their respective successors and assigns, exclusive of individual homebuyers), any rights, remedies, obligations or liabilities under or by reason of this Agreement. 15. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. AGENDA ITEM N0. 2q_ 45864320.1 5 pA'0� ��� IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above. ATTEST: FREDERICK RAY, CITY CLERK FREDERICK RAY APPROVED AS TO FORM: LEIBOLD, McCLENDON & MANN, P.C. City Attorney RZIN BARBARA ZEID LEIBOLD 45864320.1 CITY OF LAKE ELSINORE, a municipal corporation Un Mayor ELSINORE VALLEY MUNICIPAL WATER DISTRICT By: General Manager of the Elsinore Valley Municipal Water District MBK HOMES, LTD., a California limited partnership By:MBK Residential, Inc., a California corporation, its sole general partner an Tim Kane, President AGENDA ITEM NO. 6 PAGE�OF� REPORT TO CITY COUNCIL JANUARY 23, 2007 ' PAGE 3 PREPARED BY U� —)( L (,ell WILLIAM L PA' APPROVED FOR AGENDA BY DAVE APPROVED FOR AGENDA BY G� A BRADY, CITY MANAGER MANAGER SERVICES TO FROM DATE SUBJECT BACKGROUND CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A BRADY, CITY MANAGER MARCH 14, 2006 AWARD OF CONTRACT - JANITORIAL MAINTENANCE Recently, public notice was given that sealed bids would be received by the City of Lake Elsinore for Janitorial maintenance Bids were publicly opened examined and declared on December 20, 2005 DISCUSSION Bidders were asked to submit an annual cost to provide Janitorial services as described in the performance requirements included in the bid package (a copy of the bid package is included in this report) The scope of the work includes Janitorial maintenance of City owned buildings including City Hall Public Works Yard Senior Center Centennial Station Cultural Center Community Center Lake Operations Trailer Tiny Tot Facility and City Hall Trailer As part of the bid process, staff conducted a facility tour with all contractors who pulled bid packages The purpose of the tour was to visit each facility and to answer questions regarding performance requirements Three bids were submitted and are as follows Company A & A Janitorial Services Environmental Cleaning Solutions Merchants Building Maintenance :M $63000 $51540 $44664 A(07- ETEPA PSO REPORT TO CITY COUNCIL MARCH 14, 2006 PAGE 2 RECOMMENDATION It is staff's recommendation that the Mayor and City Council approve auction sale of the equipment described in tlus report PREPARED BY v `,� G l c-- WILLIAM L P YNE, APPROVED BY APPROVED FOR AGENDA BY SAPP, ER'S WORKS MANAGER OF COMMUNITY SERVICES AGENDA ITEM NO PAGZ r 0E-k0 AGREEMENT FOR JOB ORDER CONTRACTOR/ NON - PROFESSIONAL SERVICES This Agreement for Job Order Job Order Contractor/Non Professional Services (the Agreement ) is made and entered into as of the j fZ day of kV C N- 2006 by and between the City of Lake Elsinore a municipal corporation ( City ) and Merchan ts Building Maintenance ( Contractor ) RECITALS A Contractor is specially trained experienced and competent to perform the special services which will be required by this Agreement B Contractor possesses the skill experience ability background certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein C City desires to retain Contractor to render the services and related work as set forth in this Agreement AGREEMENT Scope of Services a Contractor shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference Contractor shall provide said services at the time place and in the manner specified in Exhibit A subject to the direction of the City through its staff that it may provide from time to time and in such manner as to minimize inconvenience and potential hazards to the City and the public b Contractor shall furnish all necessary tools equipment and vehicles at Contractor s sole expense c Contractor shall provide the City with at least two (2) contact telephone numbers that can be called by City when emergency maintenance conditions occur Contractor shall provide a maximum of one hour personnel response time upon notification d Contractor shall require each of its employees and subcontractors to adhere to basic Public Works standards of working attire which shall include basic uniforms proper shoes and other equipment and gear as is required by State of California workplace safety regulations Shirts shall be worn at all times buttoned and tucked in e Contractor shall display the organization or firm name on all of its vehicles Such display shall be legible from a distance to one hundred (100) feet In addition Contractor shall at its sole cost and expense display directly below the organization or firm name a magnetic sticker with the following message Under contract with the City of Lake Elsinore a sample of which shall be provided by City ��++ ��p f� �V W3��3. � � i Cf � �l/ -q� 1 M — Contract /Agreement No 1896 2 Time of Performance The services of Contractor are to commence upon execution of this Agreement and shall continue for a period of one year and may be extended for two consecutive one year extensions upon the approval of the City Manager subject to the review of the City Council 3 Compensation Compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Exhibit B which is attached hereto and incorporated herein by reference Payment by City under this Agreement shall not be deemed a waiver of defects even if such defects were known to the City at the time of payment 4 Method of Payment. Contractor shall submit monthly billings to City describing the work performed during the preceding month Contractor s bills shall include a brief description of the services performed the date the services were performed the number of hours spent and by whom and a description of any reimbursable expenditures City shall pay Contractor no later than 45 days after approval of the monthly invoice by City staff 5 Extra Work At any time during the term of this Agreement City requests that Contractor perform Extra Work As used herein Extra Work means any work which is determined by City to be necessary but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement Contractor shall not perform nor be compensated for Extra Work without written authorization from the City Manager or his/her designee unless such work is verbally requested in conjunction with an emergency maintenance request Extra work will be invoiced separately from services performed in accordance with the Scope of Services 6 Termination This Agreement may be terminated by the City or Contractor for cause upon thirty(15)days written notice of termination This contract maybe terminated by the City without cause upon sixty (60) days written notice of termination Upon termination Contractor shall be entitled to compensation for services performed up to the effective date of termination 7 Reserved 8 Contractor s Books and Records a Contractor shall maintain any and all ledgers books of account invoices vouchers canceled checks and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City for a mimmum period of three (3) years or for any longer period required by law from the date of final payment to Contractor to this Agreement b Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a mininmm period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement c Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours upon written request by the City Manager City Attorney City Auditor or a designated representative of these officers Copies of such documents shall be provided to the City for inspection at City Hall when it is 2 AECr,T , ! i E A VO PAu_ '�_tJeT practical to do so Otherwise unless an alternative is mutually agreed upon the records shall be available at Contractor s address indicated for receipt of notices in this Agreement d Where City has reason to believe that such records or documents may be lost or discarded due to dissolution disbandment or termination of Contractor s business City may by written request by any of the above named officers require that custody of the records be given to the City and that the records and documents be maintained in City Hall Access to such records and documents shall be granted to any party authorized by Contractor Contractor s representatives or Contractor s successor in interest 9 Independent Contractor It is understood that Contractor in the performance ofthe work and services agreed to be performed shall act as and be an independent contractor and shall not act as an agent or employee of the City Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City s employees and Contractor hereby expressly waives any claim it may have to any such rights 10 Interests of Contractor Contractor (including principals associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest direct or indirect in the area covered by this Agreement or any other source of income interest in real property or investment which would be affected in any manner or degree by the performance of Contractors services hereunder Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement 11 Ability of Contractor City has relied upon the experience and training of Contractor to perform the services hereunder as a material inducement to enter into this Agreement Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractor in Contractor s field of expertise 12 Compliance with Laws Contractor shall use the standard of care in its profession to comply with all applicable federal state and local laws codes ordinances and regulations 13 Licenses Contractor represents and warrants to City that it has the licenses permits qualifications insurance and approvals of whatsoever nature which are legally required of Contractor Contractor represents and warrants to City that Contractor shall at its sole cost and expense keep in effect or obtain at all times during the term of this Agreement any licenses permits insurance and approvals which are legally required of Contractor including but not limited to a City business license 14 Indemnity Contractor shall indemnify and hold the City its officers employees and agents free and harmless from any liability whatsoever including wrongful death based or asserted upon act or omission of the Agreementor its employees subcontractors and agents relating to or in anyway connected with the accomplishment of the work or performance of service under this Agreement As part of the foregoing indemnity the Agreementor agrees to protect and defend at 3 6i�+vo'r w iTE'd'0 -� Contractor s own expense including attorney fees the City its offices agents and employees in any legal action based upon any such alleged acts or omission. 15 Insurance Requirements a Insurance Contractor at Contractors own cost and expense shall procure and maintain for the duration of the contract the following insurance policies i Workers' Compensation Coverage Contractor shall maintain Workers Compensation Insurance and Employer s Liability Insurance for his/her employees in accordance with the laws of the State of California In addition Contractor shall require each subcontractor to similarly maintain Workers Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractor s employees Any notice of cancellation or non renewal of all Workers Compensation policies must be received by the City at least thirty (30) days prior to such change The insurer shall agree to waive all rights of subrogation against City its officers agents employees and volunteers for losses ansig from work performed by Contractor for City ii General Liability Coverage Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1000 000) per occurrence for bodily injury personal injury and property damage If commercial general liability insurance form or other form with a general aggregate limit is used either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit iii Automobile Liability Coverage Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Agreementor ansrng out of or in connection with the work to be performed under this Agreement including coverage for owned hired and non owned vehicles in an amount of not less than one million dollars ($1000 000) combined single lmnt for each occurrence IV Contractual Liability Coverage Contractor shall maintain contractual liability insurance for protection against claims alleging negligent acts errors or omissions which may anse from Contractor s operations under this Agreement whether such operations by the Agreementor or by its employees or subcontractors The amount of this insurance shall not be less than one million dollars ($1000 000) on a claims made annual aggregate basis or a combined single limit per occurrence basis b Endorsements Each general liability and automobile liability insurance policy shall be with insurers possessing a Bests rating of no less than A VII and shall be endorsed with the following specific language i The City its elected or appointed officers officials employees agents and volunteers are to be covered as additional insureds with respect to liability ansrng out of work performed by or on behalf of the Agreementor including materials parts or equipment furnished in connection with such work or operations El AGuEda: , ITEMJ PO - pAg n This policy shall be considered primary insurance as respects the City its elected or appointed officers officials employees agents and volunteers Any insurance maintained by the City including any self insured retention the City may have shall be considered excess insurance only and shall not contribute with it ni This insurance shall act for each insured and additional insured as though a separate policy had been written for each except with respect to the limits of liability of the msunng company ry The insurer waives all rights of subrogation against the City its elected or appointed officers officials employees or agents V Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City its elected or appointed officers officials employees agents or volunteers vi The insurance provided by this Policy shall not be suspended voided canceled or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City c Deductibles and Self Insured Retentions Any deductibles or self insured retentions must be declared to and approved by the City At the City s option Contractor shall demonstrate financial capability for payment of such deductibles or self insured retentions d Certificates of Insurance Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein unless such insurance endorsements and/or certificates are otherwise waived by the Director of Administrative Services Certificates of such insurance shall be filed with the City on or before commencement of performance of tlus Agreement Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement 16 Notices Any notice required to be given under this Agreement shall be in wntmg and either served personally or sent prepaid first class mail Any such notice shall be addressed to the other party at the address set forth below Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section If to City City of Lake Elsinore Attu City Manager 130 South Main Street Lake Elsinore CA 92530 If to Contractor Merchants Building Maintenance Attn An e M 19q H + AV Pomov)ti CA- qi 7b8 5 AUi is % ITUA NO —_ PAu =-1fl—`, too. Aw 'L t ITEM NO 2 PA.._ [1 YF____(� 17 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor All prior written and oral communications including correspondence drafts memoranda and representations are superseded in total by this Agreement 18 Amendments This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney 19 Assignment and Subcontracting The parties recognize that a substantial mducement to City for entering into this Agreement is the reputation experience and competence of Contractor and the subcontractors listed in Exhibit D Contractor shall be fully responsible to City for all acts or omissions of any subcontractors Assignments of any or all rights duties or obligations of the Agreementor under this Agreement will be permitted only with the express consent of the City Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City If City consents to such subcontract Contractor shall be fully responsible to City for all acts or omissions of those subcontractors Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law 20 Waiver Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement 21 Severabilitv If any term or portion of this Agreement is held to be invalid illegal or otherwise unenforceable by a court of competent jurisdiction the remaining provisions of this Agreement shall continue in full force and effect 22 Controlling Law Venue This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside 23 Litigation Expenses and Attorneys Fees If either party to this Agreement commences any legal action against the other party arising out of this Agreement the prevailing party shall be entitled to recover its reasonable litigation expenses including court costs expert witness fees discovery expenses and attorneys fees 24 Mediation The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation The parties shall mutually agree upon the mediator and share the costs of mediation equally It the parties are unable to agree upon a mediator the dispute shall be submitted to JAMS/ENDISPUTE ( JAMS ) or its successor in interest JAMS shall provide the parties with the names of five qualified mediators Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute Ifthe dispute remains unresolved after mediation either party may commence litigation 6 q;,�,v:A {TEfd NO 25 Execution This Agreement may be executed in several counterparts each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart 26 Authority to Enter Agreement Contractor has all requisite power and authority to conduct its business and to execute deliver and perform the Agreement Each party warrants that the individuals who have signed this Agreement have the legal power right and authority to make this Agreement and to bind each respective party 27 Prohibited Interests Contractor maintains and warrants that it has not employed nor retained any company or person other than a bona fide employee working solely for Contractor to solicit or secure this Agreement Further Contractor warrants that it has not paid nor has it agreed to pay any company or person other than a bona fide employee working solely for Contractor any fee commission percentage brokerage fee gift or other consideration contingent upon or resulting from the award or making of this Agreement For breach or violation of this warranty City shall have the right to rescind this Agreement without liability For the term of this Agreement no member officer or employee of City during the term of lus or her service with City shall have any shall have any financial or other person interest direct or indirect in this Agreement or obtain any present or anticipated benefit ansing therefrom 28 Equal Opporturuty Employment Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor employee or applicant for employment because of race religion color national origin handicap ancestry sex or age Such non discrimination shall include but not be limited to all activities related to initial employment upgrading demotion transfer recruitment or recruitment advertising layoff or termination Contractor shall also comply with all relevant provisions of City s Minority Business Enterprise program Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above CITY F LAKE D SINORE (Ay Manager City Clerk .. � / � ®rr r �/Affrtf for.�l 7 AGIN ITUA NO r C; PAC:Z_ GF OV Attachments Exhibit A Scope of Services Exhibit B Fee Schedule Exhibit C Certificate of Exemption from Workers Compensation Insurance Exhibit D List of Subcontractors 46CNE4 i7ELA N0�_ EXHIBIT A SCOPE OF SERVICES SPECIFICATIONS The following specifications describe the work that will be required by the contractor for all City facilities SPECIFICATIONS FOR LAKE ELSINORE FACILITIES All Locations Daily Service (Performed Sunday through Thursday between 10PM and 7 Vacuum all carpeted areas Thoroughly vacuum upholstered furniture Sweep and damp mop all hard surface floors Spot clean all carpets Clean and sanitize all bathrooms Restock all paper products soap and deodorant Empty and replace liners in all trash containers Carry trash and recyclables to pick up area load and start dishwasher located in City Hall Break Room Spot clean doors door frames and counters Clean Door Glass Dust all picture frames and clean glass Dust window blmds Spot clean around wall switches Clean and polish drinking fountains Dust desk tops chairs and all other office furniture Dust desk accessories Clean glass desk tops Dust all file cabinets counters etc Properly position furniture in offices Maintain Janitorial Closet Check and lock all doors and windows upon completion of work Set building alarm at building with burglar alarms Monthly Service Machine scrub and reapply finish to all hard surface floors Clean all windows inside only Clean vents in ceiling General • Floor mats will be vacuumed if needed The City will look into hiring a separate company to provide a scheduled floor mat service • All blue recycle bins located inside our buildings are to be emptied every day These bins are to be emptied into the larger bins identified as recycle bins located outside of the building All buildings have blue recycle bins located inside for use Not all buildings have the larger bins outside for dumping recyclables For building without the outside recyclable bin maintenance staff are to remove the recyclables and dispose of it at a facility with outside recyclable bins • Spot cleaning of carpet is to be completed nightly Full carpet cleaning service will be performed as an extra when requested and quoted separately The City has the option to use a carpet cleaning Af,LC'C� 17EYA P +0 company other than the company performing our janitorial work • The City will be billed at a pre determined hourly rate for clean up after special events that require an increased level of service City Hall • The stairway located outside the back door of the City Managers office is to be swept nightly • The glass display cases located on the front outside wall adjacent to the entry door is to be cleaned daily • The computer room is not to be included for cleaning Public Works Yard • Showers are to be cleaned daily Senior Center • Bidders are to include the cost to clean the pantry storage area on a daily basis If the cleaning ofthe pantry is to be reduced to a less frequent cleaning there will be no downward adjustment of the cleaning costs for the facility • The two small 30 gallon (estimate) trash cans located outside the building are to be emptied daily • On occasion empty card board boxes are left outside of the pantry area for disposal These card board boxes are to be thrown away into the large trash bin located behind the facility If the bin is full the card board boxes are to be thrown away in a trash bin located at another City facility • All refrigerators outside surfaces sinks and counter tops located in the kitchen are to be cleaned daily • Dusting of cobwebs located along the top of walls at the ceiling seam is to be performed monthly • The audio room is to be cleaned daily • All upholstered chairs are to be vacuumed as needed to keep a clean appearance • City Council meetings are held the 2'd and a Tuesdays of each month The meetings start at 7PM and usually end by Midnight If a City Council Meeting runs late and is in progress no cleaning is to take place during the meeting Cleaning is to be completed following the completion of the meeting Cleaning is not to be cancelled Tiny Tot • It is understood that this location is identified as the Tiny Tot Facility however cleaning is to include both the Tiny Tot area and the Planet Youth area The storage closet is not to be cleaning Community Center • In addition to the items listed on page 29 of the bid specifications a maintenance check list was given to each of you by Maureen Foster Davis who is the Facility Supervisor The items on this list are to be completed as requested at no additional cost • The gym floor is to be wet mopped daily and spot cleaned with a light degreaser as need • When the hard surface floors are machine scrubbed monthly all base boards are to be cleaned This includes the gym floor and base boards as well as all other hard surface floors and base boards • Dusting of cobwebs located along the top of walls at the ceiling seam is to be performed monthly • Storage rooms are not to be included for cleaning • The 33 gallon (estimate) trash can located outside the building is to be emptied daily • The stairway and upstairs offices are to be cleaned once a week SUnph Contractor shall provide all cleaning supplies Items listed below are eligible for reimbursement from the City Supplies approved for reimbursement will be compensated at cost, unless both parties agree to a stocking fee An itemized invoice showing quantities and unit costs of supplies purchased for city use shall be submitted to the city for reimbursement of supply costs Supplies eligible for reimbursement are linnted to AGCP'CR ITE A NO PRCC_ �f b the following items Toilet tissue Multifold hand towels Roll hand towels Trash Imers Toilet seat covers Hand soap and Specialty items requested by the city that have been agreed to as reimbursable ACENC A ITEM NO pAG =_. _t`E_ EXHIBIT B SCHEDULE OF CHARGES The contractor will be compensated one twelve of the annual cost for each facility listed below on a monthly basis for work described in Exhibit A ITEM 1 City Hall 130 South Main Street 2 Public Works Yard 521 North Langstaff Street 3 Senior Center 420 East Lakeshore Drive 4 Centennial Station 132 West Graham 5 Cultural Center 183 North Main Street 6 Community Center 310 West Graham 7 Lake Operations Trailer 500A Lakeshore Drive 8 Tiny Tot Facility 400 W Graham Avenue 9 City Hall Trailer 130 S Main Street Square Feet 10,000 2,119 .., 1 215 4 236 . 111 567 :m ANNUAL COST $10 356 $ 3,516 $ 3,312 $ 4 776 $ 732 $ 5,136 480 Included in City Hall Price Extra Work - Any work performed outside of the daily cleaning described in Exhibit A will be billed on a time and material basis The hourly rate per person will be $14 25 with a four hour minimum charge Extra work includes cleanup following special events held at a City Facility AGZNE:2ITEM NO ^'q PAC--.J __0 4.20 EXHIBIT C CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into I shall not employ any person in any manner so as to become subject to the Workers Compensation Laws of the State of California Executed on this 1(a day of M ACC.A 2006 at ZRKQ C'fsoA.( 0i7q VA"'o Cahforma o actor AGUICA ITE A %0 , EXHIBIT D LIST OF SUBCONTRACTORS [INSERT] AGINL4ITU PO _ CITY OF LADE LSIIIOIZE DREAM January 3 2007 Mr Fabnce Vmllemey Environmental Clearing Solutions 23885 Corinth Drive Mumeta, CA 92562 RE Cleaning Services for City of Lake Elsinore Dear Mr Vuillemey In December of 2005 you submitted a proposal to clean City Facilities for an annual fee of $51540 I have attached a copy of your proposal for your review Would you be willing to honor your proposal commencing April 1 2007 if the City was to offer you an annual service agreement renewable up to two years based on performance? , I can be contacted at 951 674 5170 cere I i� William ayne M� Public Works Manager 951674 3124 130 5 MAIN STREET LAKE ELSINORE CA 92530 WWWLAKE ELSINORE ORO AGENC417EiV9 N0�_ PAC��Gc X172 { ' 1 jNA� ` ` 0 UTIONS :• ' 1 L A5 J 7 { 1 January 11 2007 City of Lake Elsinore 130 S Main Street Lake Elsinore CA 92530 Attention William Payne Dear Mr Payne JAN 16 2007 We received your letter of January 3' 2007 offering us to clean your city facilities based on the proposal we submitted in December 2005 We confirm that we will honor this estimate and agree to work for you starting April 1' 2007 Thank you very much for this opportunity ' f Sincerely a Fabnce Vmllemey k 4t 'f'r 1 t I r ae r� AGr=t4ITEM NO 23885 Corinth Drivel• Murneta California 92562 • Phone /Fax (951) 677 0192 Contractors Reference Check Contractor Environmental Cleaning Solutions Reference Davita Name of Reference Contact Interviewed Debbie Phone Number of Reference Interviewed (909)625 0339 Date of Interview 1 12 2007 Reference Interview Question and Answers How long have you been using the Company? 8 Years What Services are provided? The basic office cleaning floors trash On a scale of 1 to 10 how would you rate the quality of service with 10 being excellent? 0 On a scale of I to 10 how would you rate their customer services with 10 being excellent? 6or7 On a scale of 1 to 10 how would you rate the overall satisfaction with the company? 6or7 Any comments regarding this company that you would like to share Fabr:ce is a wonderful man i AGENDA ITEM NO _4 PAC= _,3 0F_i(. Contractors Reference Check Contractor Environmental Cleaning Solutions Reference — Winner Baird Management Name of Reference Contact Interviewed Gene Hill Phone Number of Reference Interviewed 951 852 1546 Date of Interview January 12 2007 Reference Interview Question and Answers How long have you been using the Company? Longer than 5 years What Services are provided? Full Service Cleaning Maintenance including the carpets on 6 Large Medical Building On a scale of I to 10 how would you rate the quality of service with 10 being excellent? On a scale of I to 10 how would you rate their customer services with 10 being excellent? 10 On a scale of 1 to 10 how would you rate the overall satisfaction with the company? 10 Any comments regarding this company that you would like to share? The response time is excellent) On call service awesome AGENDA ITEM NO PAcz -- T— t( ?Q_ Contractors Reference Check Contractor Environmental Cleaning Solutions Reference City of Murneta Name of Reference Contact Interviewed Nancy Dnggers Phone Number of Reference Interviewed 951 461 6008 Date of Interview January 17 2007 Reference Interview Question and Answers How long have you been using the Company October 2004 current What Services are provided Basic cleaning services On a scale of I to 10 how would you rate the quality of service with 10 being excellent? Fj On a scale of 1 to 10 how would you rate their customer services with 10 being excellent? On a scale of 1 to 10 how would you rate the overall satisfaction with the company? 5 Any comments regarding this company that you would like to share AGCNC4 ITEM NO PACZ 155 OF I� ENVIRO (MEN TAI CLEAN /NG SOLUTIONS AND SERVICES, INC Fabrice Vuillemey 238'85 Corinth Drive - Murrieto, CA 92562 Phone (951) 6,77- -0192 Cell Phone (951) 852 -4129 JANITORIAL PROPOSAL AND AGREEMENT For CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 Tuesday, December 20, 2005 AGENDA ITEM NO PACE_A�_uri_�i(' . A y A 0 0 W A m 0 0 N i °1 ro z A y fi 0 m C Z A N M A A 1 A_ A A N AcrNCAITEM No � PRESENTATION SPECIFICATIONS OF WORK PRICES SIGNATURES REFERENCES AGEND a ITEM NO �l_ PACC-jY_i._--(�Q- ♦I //: I ' / � I I AND SERVICES, In C. 23885 Corinth Drive MURRIETA, CA 92562 Phone & Fax (951) 677 -0192 December 20 2005 CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore CA 92530 To Whom It May Concern We are very happy that you have given us the opportunity to present ECSS to the City of Lake Elsinore Environmental Cleaning Solutions has provided cleaning services in the Southern California from Santa Clanta to San Diego and Palm Spring since 1992 We have a very strong reference base that has been established by pleasing customers year after year As the contractor of choice for many healthcare customers "ECSS has a reputation for maintaining health care standards Using these high and rigid standards we service a variety of other customers as well All building operations demand firm control over operation costs Our company takes pride in delivering value We look forward to providing further information to you Sincerely Fabnce Vmllemey President AGENCA ITEM NO -7:1/ PAC-- 'Ict_"-. F JANITORIAL MAINTENANCE WORK PROPOSAL Environmental Cleaning Solutions and Services Inc 23885 Corinth Drive Mumeta, CA 92562 To City of Lake Elsinore, Califom►a Environmental Cleaning Solutions and Services Inc in accordance with the City s Notice Inviting Bids hereby proposes to furnish all materials equipment, tools labor and incidentals required for the above stated projects as set forth in the Plans Specifications and Contract documents therefore to perform all wok in the manner and time prescribed therein The attached Bid Schedule is hereby made a part of this proposal Environmental Cleaning Solutions and Services Inc declares that this proposal is based upon careful examination of the work sites Plans Specifications Instructions to Bidders and all other Contract documents If this proposal is accepted for award, ECSS agrees to enter into a Contract with the City at the unit and/or lump sum prices set forth in the following bid schedule ECSS understand that failure to enter into a Contract and furmsh bonds in the manner and time prescribed will result in forfeiture to the City of the guarantee accompanying this proposal Environmental Cleaning Solutions and Services Inc certifies that this proposal is made in good f uth without collusion or connection with any other persons bidding on the work Environmental Cleaning Solutions and Services Inc understands that the City Council reserves the right to accept or reject any or all proposals or to waive formality or technicality in any proposal in the interest of the City AF,ENCI ITEM NO CITY HALL 130 South Main Street Lake Elsinore Sundays through Thursdays der business hours AGENCSA ITEM NO 7:� — RAG:�GF --�Q DAILY The Computer Room is not to be cleaned GENERAL OFFICE AREA Empty all mtenor /extenor waste receptacles to disposal area along with separating recyclables replace trash can liners Vacuum all carpeted areas Damp wipe & disinfect all counters desk tops tables (desk items not to be moved) Empty exterior smoking stands Sweep & damp mop hard floor Clean & sanitize drinking fountains Clean glass doors Sweep outside stairway and dust handrail Clean glass display cases located on the front outside wall adjacent to the entry door REST ROOMS Clean & sanitize toilet bowls & urinals with emphasis on odor containment Clean wash basins & counters clean & polish fixtures such as faucets flush 1 valves & handicap rails J Empty trash containers and replace liners Wet mop floors with disinfectant cleaner clean mirrors replenish & clean dispensers (soap paper products) Spot clean partitions & walls as needed KITCHEN/EMPLOYEE LOUNGE Clean sink, counter top & tables Sweep and damp mop kitchen floor Empty trash containers and replace liners WEEKLY GENERAL OFFICE AREA Dust all ledges windowsills wall picture frames & all flat surfaces Dust &/or damp wipe all chairs furniture Spot clean light switch covers Spot clean wood interior doors & frames Spot clean carpeted areas AGENDA ITEM NO REST ROOMS Clean partitions & laminated wall areas spot clean other wall surfaces light switches KTTCHEN/EMPLOYEE LOUNGE Damp wipe other fumishmgs such as refrigerators vending machines MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only AGENDIA ITEM NO PUBLIC WORKS YARD 521 North Langstaff Street Lake Elsinore Sunda sy trough Thursdays during non business hours AOERDA ITEM NO 1 PRCr' -(SF_la 0 DAILY tTRI we] aaM .1IN W Empty all mtenor /extenor waste receptacles to disposal area along with separating recyclables replace trash can liners Vacuum all carpeted areas Damp wipe & disinfect all counters desk tops tables (desk items not to be moved) Empty exterior smoking stands Sweep & damp mop hard floor Clean & sanitize drinking fountains Clean glass doors Clean showers REST ROOMS Clean & sanitize toilet bowls & urinals with emphasis on odor containment Clean wash basins & counters clean & polish fixtures such as faucets flush valves & handicap rails Empty trash containers and replace liners Wet mop floors with disinfectant cleaner clean murors replenish & clean dispensers (soap paper products) Spot clean partitions & walls as needed KITCHEN/EMPLOYEE LOUNGE Clean sink, counter top & tables Sweep and damp mop kitchen floor Empty trash containers and replace liners WEEKLY GENERAL OFFICE AREA Dust all ledges windowsills wall picture frames & all flat surfaces Dust &/or damp wipe all chain furniture Spot clean light switch covers Spot clean wood interior doors & frames • Spot clean carpeted areas REST ROOMS Clean partitions & laminated wall areas spot clean other wall surfaces light switches AGENCP� ITEM NO _- pA�-'e_a5—t'F__ Jaa_ KITCHEN/EMPLOYEE LOUNGE Damp wipe other furnishings such as refrigerators vending machines MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only AGEyCA ITEM NO 4 PAIGZ SENIOR CENTER East Lakeshore Drive Lake Elsinore Sundays through Thursdays alter business hours AGENDA ITEM NO - PAGE�c�F- .- �-`�-- DAILY GENERAL OFFICE AREA Empty all mtenor /extenor waste receptacles to disposal area along with separating recyclables replace trash can liners Vacuum all carpeted areas Vacuum all upholstered chairs as needed to keep a clean appearance Clean the audio room Damp wipe & disinfect all counters desk tops tables (desk items not to be moved) Empty exterior smoking stands Sweep & damp mop hard floor Clean & sanitize drinking fountains Clean glass doors Clean pantry Empty two 30 gallon trash cans located outside the building Throw away all the card board boxes left outside the pantry area (if the trash bin located outside the facility is full use a trash bin in an other City facility) REST ROOMS 1 Clean & sanitize toilet bowls & urinals with emphasis on odor containment I Clean wash basms & counters clean & polish fixtures such as faucets flush valves & handicap rails Empty trash containers and replace liners Wet mop floors with disinfectant cleaner clean mirrors replenish & clean dispensers (soap paper products) Spot clean partitions & walls as needed KITCHEN/EMPLOYEE LOUNGE Clean smk, counter top & tables Clean the outside of the refrigerator Sweep and damp mop kitchen floor Empty trash containers and replace liners WEEKLY GENERAL OFFICE AREA Dust all ledges windowsills wall picture frames & all flat surfaces Dust &/or damp wipe all chain furniture Spot clean light switch covers Spot clean wood interior doors & frames Spot clean carpeted areas AGE,dw a ITEM NO �- PA�:.,_Lr ink REST ROOMS Clean partitions & laminated wall areas spot clean other wall surfaces light switches MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Dust cobwebs along the top of walls at the ceiling seam Clean all windows inside only AGEML'A ITEM M0 . PAGZZ_�= f�i% CENTENNIAL STATION 132 West Graham Avenue Lake Elsinore Sundays through Thursdays after the jacdity closes AGENCA ITEM NO --T_ PAGZ—*D_0r —k 0 DAILY GENERAL OFFICE AREA Empty all mtenor /extenor waste receptacles to disposal area along with separating recyclables replace trash can liners Vacuum all carpeted areas Damp wipe & disinfect all counters desk tops tables (desk items not to be moved) Empty exterior smoking stands Sweep & damp mop hard floor Clean & sanitize drinking fountains Clean glass doors REST ROOMS Clean & sanitize toilet bowls & urinals with emphasis on odor containment Clean wash basins & counters clean & polish fixtures such as faucets flush valves & handicap rails • Empty trash containers and replace liners Wet mop floors with disinfectant cleaner clean mirrors replenish & clean dispensers (soap paper products) Spot clean partitions & walls as needed WEEKLY GENERAL OFFICE AREA Dust all ledges windowsills wall picture frames & all flat surfaces Dust &/or damp wipe all chairs furniture Spot clean light switch covers Spot clean wood interior doors & frames Spot clean carpeted areas REST ROOMS Clean partitions & laminated wall areas spot clean other wall surfaces light switches MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only AGENC k ITEh7 NO :- PAGZ_'�L—'O F__i(L1— CULTURAL CENTER 183 North Main Street Lake Elsinore Sundays through Thursdays der the facdW closes and after the City Councd Meekng AGEND a ITEM NO a_ PAG,—�,�i;' 42 DAILY City Council meetings are held the 2" and 4' Tuesdays of each month Cleaning is to be completed following the completion of the meeting even if it runs late. Cleaning is not to be cancelled GENERAL OFFICE AREA Empty all mtenor /extenor waste receptacles to disposal area along with separating recyclables replace trash can liners Vacuum all carpeted areas Damp wipe & disinfect all counters desk tops tables (desk items not to be moved) Empty exterior smoking stands Sweep & damp mop hard floor Clean & sanitize drinking fountains Clean glass doors REST ROOMS Clean & sanitize toilet bowls & urinals with emphasis on odor containment Clean wash basms & counters clean & polish fixtures such as faucets flush valves & handicap rails Empty trash containers and replace liners Wet mop floors with disinfectant cleaner clean mirrors replenish & clean dispensers (soap paper products) Spot clean partitions & walls as needed WEEKLY GENERAL OFFICE AREA Dust all ledges windowsills wall picture frames & all flat surfaces Dust &/or damp wipe all chairs furmture Spot clean light switch covers Spot clean wood interior doors & frames Spot clean carpeted areas REST ROOMS Clean partitions & laminated wall areas spot clean other wall surfaces light switches AGM C%ITEM NO _q_ PAGZ- MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only AGENCA ITEM NO _--I-_ RACZ � 43.2 COMMUNITY CENTER 310 West Graham Lake Elsinore Sundays through Thursdays fter business hours AGENDA ITEM NO I DAILY Storage rooms are not to be cleaned GENERAL OFFICE AREA Empty all mtenor /extenor waste receptacles to disposal area along with separating recyclables replace trash can lmers Vacuum all carpeted areas Damp wipe & disinfect all counters desk tops tables (desk items not to be moved) Empty exterior smoking stands Sweep & damp mop hard floor Clean & sanitize drinking fountains Clean glass doors Wet mop gym floor Empty the 33 gallon trash can located outside the budding REST ROOMS Clean & sanitize toilet bowls & urinals with emphasis on odor containment Clean wash basms & counters clean & polish fixtures such as faucets flush valves & handicap rails Empty trash containers and replace lmers Wet mop floors with disinfectant cleaner clean mirrors replenish & clean dispensers (soap paper products) Spot clean partitions & walls as needed KITCHEN/EMPLOYEE LOUNGE Clean sink, counter top & tables Sweep and damp mop kitchen floor Empty trash containers and replace Imers WEEKLY GENERAL OFFICE AREA Dust all ledges windowsills wall picture frames & all flat surfaces Dust &/or damp wipe all chaos furniture Spot clean light switch covers Spot clean wood interior doors & frames Spot clean carpeted areas Clean stairway Clean upstairs offices AGENCA ITEM NO ­1_ RAGZ�QF -- .-- REST ROOMS Clean partitions & lammated wall areas spot clean other wall surfaces light switches KITCHEN/EMPLOYEE LOUNGE Damp wipe other f irmshings such as refrigerators vending machines MONTHLY Scrub and wax all hard surface floor (include gym floor) Scrub all base boards Dust cobwebs located along the top of walls at the ceiling seam Clean vents in ceiling Clean all windows inside only AGENESIITEM N0,_,_s- PACr__+q__�r 420L. LAKE OPERATIONS TRAILER 500 A Lakeshore Drive Lake Elsinore Sundays through Thursdays after business hours AGENCA ITEM NO —9-- PAC Z—"—(- r -W- DAILY GENERAL OFFICE AREA Empty all mtenor /extenor waste receptacles to disposal area along with separating recyclables replace trash can liners Vacuum all carpeted areas Damp wipe & disinfect all counters desk tops tables (desk items not to be moved) Empty exterior smoking stands Sweep & damp mop hard floor Clean & sanitize drinking fountain s Clean glass doors WEEKLY GENERAL OFFICE AREA • Dust all ledges windowsills wall picture frames & all flat surfaces Dust &/or damp wipe all chairs furniture Spot clean light switch covers Spot clean wood interior doors & frames Spot clean carpeted areas MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only AGENCA ITEM NO 3_ TINY TOT FACILITY AND PLANET YOUTH AREA 400 West Graham Avenue Lake Elsinore Sundays through Thursdays after business hours AGEND d ITEM NO PAGZ_6D _OF_-42(2 DAILY The Storage Closet is not to be cleaned GENERAL OFFICE AREA Empty all mtenor /extenor waste receptacles to disposal area - along with separating recyclables replace trash can liners Vacuum all carpeted areas Damp wipe & disinfect all counters desk tops tables (desk items not to be moved) Empty exterior smoking stands Sweep & damp mop hard floor Clean & sanitize drinking fountains Clean glass doors REST ROOMS Clean & sanitize toilet bowls & urinals with emphasis on odor containment Clean wash basins & counters clean & polish fixtures such as faucets flush valves & handicap rails Empty trash containers and replace liners Wet mop floors with disinfectant cleaner clean mirrors replenish & clean dispensers (soap paper products) Spot clean partitions & walls as needed KITCHEN/EMPLOYEE LOUNGE Clean smk, counter top & tables Sweep and damp mop kitchen floor Empty trash containers and replace liners WEEKLY GENERAL OFFICE AREA Dust all ledges windowsills wall picture frames & all flat surfaces Dust &/or damp wipe all chaos furniture Spot clean light switch covers Spot clean wood interior doors & frames Spot clean carpeted areas REST ROOMS Clean partitions & laminated wall areas spot clean other wall surfaces light switches AGENLYQ ITEM NO _ 4 _ KITCHEN/EMPLOYEE LOUNGE Damp wipe other furmslungs such as refrigerators vending machines MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only E AGENCA ITEM NO -- PASZ- 6a-_UF c CITY HALL TRAILER 130 South Main Street Lake Elsinore Sundays through Thursdays alter business hours AGENC41TE1'd NO DAILY GENERAL OFFICE AREA Empty all mtenor /extenor waste receptacles to disposal area along with separating recyclables replace trash can liners Vacuum all carpeted areas Damp wipe & disinfect all counters desk tops tables (desk items not to be moved) Empty exterior smoking stands Sweep & damp mop hard floor Clean & sanitize drinking fountains Clean glass doors WEEKLY GENERAL OFFICE AREA Dust all ledges windowsills wall picture frames & all flat surfaces Dust &/or damp wipe all chairs furniture Spot clean light switch covers Spot clean wood interior doors & frames Spot clean carpeted areas MONTHLY Scrub and wax all hard surface floor Clean vents in ceiling Clean all windows inside only AGENCAITEM N•OI _ PAC-- ,�`t' UF__ GENERAL SERVICES FOR ALL THE CITY BUILDINGS Floor mats will be vacuumed if needed Empty all blue recycle bins every day in the large bins identified as recycle bins outside of the buildings All building have blue recycle bins located inside for use Not all buildings have the larger bins outside for dumping recyclables For building without the outside recyclable bin maintenance staff are to remove the recyclables and dispose of it at a facility with outside recyclable bins Spot cleaning carpet is to be completed mghtly Full carpet cleaning service will be performed as an extra when requested and quoted separately AGENCA ITEM NO PAC- .0) EQUIPMENT AND SUPPLIES ECSS will provide all labor equipment and chemicals required to perform the above specified work Items listed below are eligible for reimbursement from the CITY OF LAKE ELSINORE Supplies approved for reimbursement will be compensated at cos unless both parties agree to a stocking fee An itemized invoice showing quantities and unit costs of supplies purchases for city use shall be submitted to the city for reimbursement of supply costs Supplies eligible for reimbursement are limited to the following items Toilet tissue Multifold hand towels Roll hand towels Trash liners Toilet seat covers Hand soap Specialty items requested by the city that have been agreed to as reimbursable AGENDA ITEM NO -- PAu----5�F_ 0 __ ENVIRONMENTAI CLEANING SOMIONSAND SERVICES, Inc FaOrice Willemey 23985 Corinth Of MURRIETA, CA 92562 Phone & FW (951) 6*77- -0192 Buddmg/Offrce Space City Hall Public Works Yard Senior Center Centennial Station Cultural Center Community Center Lake Operations Trailer Tiny Tot Facility City Hall Trailer Totals SUMMARY OF ANNUAL COST Annual Cost (mcludme supplies) $10 800 00 $ 7 020 00 $ 7 800 00 $ 2 340 00 $ 4 620 00 $ 9 240 00 $ 1 560 00 $ 7 080 00 $ 1 080 00 $51,54000 ffi ty One Thousand Five Hundred Forty Dollars) AGENDA ITEM NO PAG:�_0�_Q� i SIGNATURES ENVIRONMENTAL CLEANING SOLUTIONS AND SERVICES INC 23885 Corinth Drive Mumeta, CA 92562 Phone (951) 677 0192 Incorporated under the laws of the state of California Fabnce Vuillemey Jocelyn President. Vice Pre AGENDA ITEM NO CITY OF LAKE ELSINORE, CA NON - COLLUSION DECLARATION I Fabnce Vudtemey do hereby declare that I am the President of Environmental Cleaning Solutions and Services Inc the panty making the foregoing bid for maintenance work refereed Facility MAINTENANCE WORK and that the bid is not made in the interest of or on behalf of and undisclosed person partnership company association, organization, or corporation that the bid is genume and not collusive or sham that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspund, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding that the bidder has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder or to fix any overhead profit, or cost element of the bid price or of that of any other bidder or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract that all statements contained in the bid are true and, further that the bidder has not indirectly or indirectly submitted his or her bid price or any breakdown thereof or the contents thereof or divulged information or data relative thereto or paid, and will not pay any fee to any corporation, partnership company association, organization, bid depository or to nay member or agent thereof to effectuate a collusive or sham bid I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT Mumeta, December 2& 2005 Fabnce Vudlemey President AGENCA ITEM NO PACZ--6�_UF-4S_ LIST OF CITY OF MURRIETA 26442 Beckman Court Mumeta, CA 92562 Contact Nancy Dnggers Telephone (951) 461 6008 City Building From August 2004 to present $8 005 00 /month WINNER -BAIRD MANAGEMENT 212 E Grand Boulevard, Suite E Corona, CA 92879 1532 Contact Gene Hill Telephone (951) 852 1546 Office Bmldmg From January 1993 to present $11 448 00 DAVITA P O Box 2037 Tacoma, WA 98401 2037 Contact Debbie Telephone (909) 625 0339 Dialysis Center (Montclair San Bemardmo Ontano) From August 1993 to present $5 365 00 AGENDA ITEM NO _-�7 PAC- 112 _(� F— - CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE JANUARY 23, 2007 SUBJECT PROFESSIONAL SERVICES AGREEMENT FOR MANAGEMENT WITH GLADWELL GOVERMENTAL SERVICES In the course of administering the City's numerous activities and programs the City generates numerous documents and other records In an effort to coordinate statutory requirements organizational systems and policy considerations regarding the retention and destruction of City records, a professional services agreement has been prepared for Records Management Records Retention and Records Destruction consulting services for the City of Lake Elsinore DISCUSSION The City Clerk's office is in the process of implementing a program to increase intranet and inteanet access to important City documents and records as well as proper storage, accessibility and record maintenance Part of that effort includes a citywide records management program The City's past practice has allowed duplicate copies of records be maintained by more than one Department/Division The ability to locate older files has resulted in numerous staff hours Additionally while the Records Management Guidelines published by the Secretary of State provide guidance as to the minimal legal requirements for records maintenance a comprehensive review of the City's records and internal practices will allow for the formulation adoption and implementation of a uniform records management program tailored to the City of Lake Elsinore and its Departments This type of review continues to be a priority recommendation by the City Clerk, City Attorney and City Manager AGENDA ITEM NO PAGE �_ OF REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 2 OF 2 The attached Agreement is the first step in moving forward with purchasing the proper document imaging system for the City Most Importantly, the beginning phase places strong emphasis on records management FISCAL IMPACT The cost for this service is estimated at $15,000 not to exceed $20,000 RECOMMENDATION The City Council approves the attachedRecords ManagementConsulting Agreement and authorizes the City Manager to execute the agreement, subject to such minor modifications and in such final form as approved/�y the City Attorney PREPARED BY APPROVED FOR AGENDA BY FREDERIC )CRAY, CMC, CITY CLERK AGENDA ITEM NO PAGE OF 25- RECORDS MANAGEMENT CONSULTING SERVICES AGREEMENT THIS RECORDS MANAGEMENT CONSULTING SERVICES AGREEMENT ( Agreement) is made and entered into as of the 23rd day of January 2007 by and between the City of Lake Elsinore a municipal corporation ( City ) and Gladwell Governmental Services Inc ( CONSULTANT ) who agree as follows RECITALS I Scope of Services Subject to the terms and conditions set forth in this Agreement CONSULTANT shall provide to CITY the Services outlined in Exhibit B 2 Proiect Schedule Exhibit C Project Schedule Consultant shall adhere to the timeline of the Project Schedule and report any delays in the protect within 7 days of the Project deadline 2 Compensation This work will be performed for the fees as outlined in Exhibit B Scope of Work In no event shall the total payment for time services materials and expenses under this Agreement exceed the amount stated in Exhibit B 3 Payment CITY shall pay CONSULTANT for services rendered pursuant to this Agreement after the services have been provided satisfactorily to the CITY CONSULTANT shall submit all billings for said services to CITY CITY shall promptly review invoicing and notify CONSULTANT of any objection thereto in writing within thirty (30) days of receipt of the invoice and absent such objection the invoice shall be deemed proper and acceptable 4 Facilities And Eawpment Except as otherwise provided herembelow CONSULTANT shall at its sole cost and expense furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement CITY shall provide CONSULTANT with the following at no charge to CONSULTANT A A working group consisting of members from each CITY function with authority to submit and approve information regarding CITY s records management requirements B A CITY representative with authority to approve various deliverables C A resident workspace for use when CONSULTANT is on site and access to appropriate CITY computer systems and staff 5 General Provisions The general provisions set forth in Exhibit A are part of this Agreement In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement the other term or condition shall control only insofar as it is inconsistent with the General Provisions 6 Exhibits All exhibits referred to herein are attached hereto and are by this reference incorporated herein AGENDA ITEM NO PACE .6 OF IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above CITY OF LAKE ELSINORE Robert A Brady City Manager City of Lake Elsinore CONSULTANT Gladwell Governmental Services Inc Diane R Gladwell President AGENDA ITEM NO_. PAGE q OF EXHIBIT A GENERAL PROVISIONS (1) INDEPENDENT CONSULTANT At all times during the term of this Agreement CONSULTANT shall be an independent contractor and shall not be an employee of CITY CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANTS services rendered pursuant to this Agreement however CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement (2) LICENSES. PERMITS, ETC CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses permits qualifications and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANTs profession CONSULTANT represents and warrants to CITY that CONSULTANT shall at its sole cost and expense keep in effect at all times during the term of this Agreement any licenses permits and approvals which are legally required for CONSULTANT to practice her profession CONSULTANT including any subconsultants shall obtain any required business license for work within the CITY (3) TIME CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANTS obligations pursuant to this Agreement (4) RECORDS CONSULTANT shall maintain adequate records to permit inspection audit of CONSULTANT s charges under this Agreement CONSULTANT shall provide CITY access to such records for approval funding or auditing the project during normal business hours upon reasonable notice the reasonable cost of which shall be borne by CITY Nothing herein shall convert such records into public records and they will be available only to CITY for approval funding or audit functions Such records shall be maintained by CONSULTANT for three (3) years following completion of the work under this Agreement (5) COPYRIGHT / INTELLECTUAL PROPERTIES (a) California Public Records Act and Freedom of Information Act Nothing herein shall prevent the CITY from legally complying with the Public Records Act and Freedom of Information Act To the extent the CITY receives a public records request to disclose Consultant Materials pursuant to the Public Records Act or the Freedom of Information Act CITY shall advise Consultant promptly of such request (b) Internal Purposes CITY shall use the materials prepared exclusively by Consultant pursuant to the Agreement ( Consultant Materials ) for its Internal Purposes only Internal Purposes shall exclude any and all commercial applications or uses in connection with or for the benefit of CITY s vendors and /or third parties (c) Non Disclosure In no event shall the Consultant Materials be disclosed made available to or used for the benefit of any third party sold assigned leased or AGEN A O PF: -- ;,--- PACE � otherwise disposed of or commercially exploited or marketed in any way with or without charge by CITY or any of CITY s employees or agents provided however that subject to the California Public Records Act CITY shall have the right to disclose the Consultants Materials to the extent legally required pursuant to a valid public records request (d) Proprietary Markings CITY shall not remove or modify any proprietary markings copying restrictions or legends placed upon or contained within the Consultant Materials to any copies of the Consultant Materials permitted hereunder (e) Internet Without Consultants express prior written consent CITY shall not post or transmit the Consultant Materials on or through any internet listsery website or otherwise publish or publicly disseminate or distribute any Consultant Materials (f) Modification CITY shall have the right to modify the Consultant Materials solely for CITY s Internal Purposes CITY agrees that any works such created are derivative works of the Consultant Materials within the meaning of the U S Copyright Act and as such are included within the definition of Consultant Materials (g) Reservation of Rights Nothing in this Agreement shall be deemed to grant directly or by implication estoppel or otherwise any right or license with respect to any process methods or other intellectual property rights Consultant may own or control prior to the date of this Agreement and Consultant retains all right title and interests in and to such of its own process methods and other intellectual property rights (h) Ownership CITY acknowledges and agrees that as between CITY and Consultant Consultant exclusively owns and retains all right title and interest (including without limitation all patent rights copyrights trademarks trade secrets and other intellectual property rights) in and to all Consultant Materials and any portion thereof (6) INSURANCE (a) WORKERS COMPENSATION During the term of this Agreement CONSULTANT shall fully comply with the terms of the law of California concerning worker's compensation Said compliance shall include but not be limited to maintaining in full force and effect one or more policies of insurance insuring against any liability CONSULTANT may have for workers compensation (b) AUTOMOBILE LIABILITY During the term of this Agreement CONSULTANT shall furnish an automobile liability policy that is primary insurance as respect to CITY its officers officials employees and volunteers Any insurance or self insurance maintained by CITY its officers officials employees or volunteers shall apply excess of and not contribute with CONSULTANTS insurance (c) GENERAL LIABILITY AND PROFESSIONAL LIABILITY (Errors and Omissions) During the term of this Agreement CONSULTANT shall furnish a general liability / professional liability policy in the amount of $1000 000 combined single limit per occurrence for bodily injury personal injury and property damage AGENDA ITEM NO R_ PAGE � Q_OF (d) CERTIFICATES OF INSURANCE CONSULTANT shall file with CITY upon the execution of this agreement certificates of insurance which shall provide that no cancellation mayor change in coverage expiration or nonrenewal will be made during the term of this agreement without thirty (30) days written notice to the CITY prior to the effective date of such cancellation or change in coverage (7) CONSULTANT NO AGENT Except as CITY may specify in writing CONSULTANT shall have no authority express or implied to act on behalf of CITY in any capacity whatsoever as an agent CONSULTANT shall have no authority express or implied pursuant to this Agreement to bind CITY to any obligation whatsoever (8) ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect (9) PERSONNEL CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement In the event that CITY in its sole discretion at anytime during the term of this Agreement desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons (10) STANDARD OF PERFORMANCE CONSULTANT shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices her profession All products of whatsoever nature which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a substantial first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONSULTANTS profession CITY shall be the sole fudge as to whether the product of CONSULTANT is satisfactory (11) CONFIDENTIALITY CONSULTANT shall not disclose to any other public or private person or entity any information regarding CITY except as authorized by CITY (12) CANCELLATION OF AGREEMENT This Agreement may be canceled at any time by CITY for its convenience upon written notification to CONSULTANT CONSULTANT shall be entitled to receive full payment for all services performed and all costs incurred to the date of receipt of written notice to cease work on the project CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work All completed and uncompleted products up to the date of receipt of written notice to cease work shall become the property of CITY (13) INDEMNIFY AND HOLD HARMLESS CONSULTANT shall indemnify defend and hold harmless CITY its officers agents employees and volunteers from all claims suits or actions of every name kind and description brought forth on account of injuries to or death of any person or damage to property ansmg from or connected with the willful misconduct negligent acts errors or omissions ultra hazardous activities activities giving rise to strict liability or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement including the AGENDA ITEM NO 8 PAGE�_OF concurrent or successive passive negligence of CITY its officers agents employees or volunteers It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages (14) CONSULTANT NOT PUBLIC OFFICIAL CONSULTANT is not a public official for purposes of Government Code §§ 87200 et seq CONSULTANT conducts research and arrives at conclusions with respect to his or her rendition of information advice recommendation or counsel independent of the control and direction of CITY or any CITY official other than normal contract monitoring In addition CONSULTANT possesses no authority with respect to any CITY decision beyond the rendition of information advice recommendation or counsel (15) NOTICES All notices required by this agreement shall be sent to the following addresses CONSULTANT Gladwell Governmental Services Inc Diane R Gladwell CIVIC P O Box 62 Lake Arrowhead CA 92352 CITY City of Lake Elsinore Frederick Ray City Clerk 130 S Main St Lake Elsinore CA 92530 -4109 AGENDA ITEM ND�-- PAGE J�DF EXHIBIT B SCOPE OF WORK The proposed options may be modified or phased as the City desires OPTION 1 RECORDS MANAGEMENT NEEDS ASSESSMENT AND ACTION PLAN Gladwell Governmental Services Inc (GGS) will provide on site analysis of the City s records management program providing customized advice training discussion of Best Practices of other cities and various alternatives In an interactive manner Diane R Gladwell the President of Gladwell Governmental Services Inc will provide analysis and options regarding all aspects of the City s Records Management programs All training options advice and analysis will be based upon Best Practices of over 100 California Cities the California Public Records Act California Secretary of States Local Government Records Management Guidelines ISO ARMA and AIIM standards GGS is an expert in all these laws standards and guidelines Following the on site visit a Records Management Assessment / Action Plan will be developed Deliverables • One day of on site meetings • Records Management Needs Assessment /Action Plan Total Cost $1 500 OPTION 2 CITYWIDE RETENTION SCHEDULES In an interactive and educational process Gladwell Governmental Services Inc will develop easy to use retention schedule for each department and the City as a whole All past work including records indices and previous records retention schedules will be used as a basis of all work It should be noted that retention periods must be articulated in any document imaging system including microfilm (the retention period applies no matter what media the record is stored in) Employees must know how long to keep different records series prior to scanning them so they can design a method to purge them from the document imaging system The City Clerk and City Attorney will be consulted throughout the project A detailed cross reference Index to the schedules will be produced for the retention schedules following Council adoption AGENDA ITEM NO PAGE_'J_GF I Deliverables • One day of on site meetings with all departments • Records Retention Schedules for each department • One retention schedule for records common to all departments • Index to retention schedules • Draft resolution of adoption • Draft staff report Total Cost $5000 OPTION 3A RECORDS DESTRUCTION PROCEDURES AND TRAINING ( FREE THE FILES DAY) It is critical to comply with a variety of laws and regulations during any records destruction as demonstrated by a variety of recent high profile criminal cases Records destruction forms and written instructions will be provided along with various advice and planning for shredding services logistics supplies etc Employee training will include a '/ hour City wide training session in the morning then GGS will visit each department to assist them with the proper procedures and to provide advice on their particular Deliverables • Written destruction procedures and forms • Advice for services logistics and supplies • One day of on site meetings with all departments Total Cost $1 000 OPTION 313 CITYWIDE RECORDS MANAGEMENT MANUAL AND TRAINING (Includes Destruction Procedures and Free the Files Day) Budding upon Lake Elsinore s existing program a new Citywide records management manual should be written in an interactive manner with employees providing a high level of ownership education and skill within Lake Elsinore staff The manual will provide training for staff on Lake Elsinore s records management systems policies and industry standard practices including the Public Records Act The following subjects will be included • Program overview and structure (responsibilities) • What records are accessible to the public and the Public Records Act Procedures • Electronic Records and a mad • Filing Procedures and Best Practices • Inventory forms and procedures • Records Retention • Filing Equipment & Off site storage • Disaster Recovery • Document Imaging Policies (basic guidelines) • Records Disposal • Glossary • Forms • Listing of records exempt from public disclosure AGENDA ITEM NO Five 2 hour training meetings will be held suitable for Citywide participation (which is recommended using Records Coordinators designated by each department) All necessary forms and procedures will be developed interactively with Lake Elsinore s staff Certificates for completing the Records Management Course will be presented to all employees attending the training sessions Deliverables • Records Management Policies and Procedures covering the above subjects including inventory procedures • Four days of 2 hour training sessions • Advice for services logistics and supplies for Free the Files Day • One day of on site meetings with all departments • One Records Management Manual for each department • Records Management Course Completion Certificates for Attendees Total Cost $5000 OPTION 4 CITY WIDE EDMS / DOCUMENT IMAGING PLANS POLICIES & PROCEDURES GGS would provide one day of on site facilitation to develop plans policies and procedures to develop a City wide document imaging program Deliverables • One day of on site meetings with all departments • Document Imaging Plans for each department including labor costs • City wide Document Imaging Policy • Other deliverables as determined by the City Total Cost Including Travel Summary of Options $3500 AGENDA ITEM NO v PACE h OF Option Records Management Needs Assessment and Action Plan Cost— 2 Citywide Retention Schedules 3A Records Destruction Procedures & Training 3B Citywide Records management Manual & Training includes 3A fi$5000 4 Cit ide EDMS / Document Imam Plans Policies & Procedures Total AGENDA ITEM NO v PACE h OF EXHIBIT C TENTATIVE PROJECT SCHEDULE Lake Elsinore OPTION 1'. RECORDS MANAGEMENT NEEDS ASSESSMENT AND,ACTION PLAN Deliverables One day of on site meetings Records Management Needs Assessment / Action Plan Note Most Cities Choose not to have a kickoff meeting this is a very informal day and visits are very informal (mostly wandering around asking questions etc ) Date TBA Time 8 00 845 Location City Hall Department City Clerk 1 / hr City Clerk and Clerk s staff 845 915 City Hall Admin Svcs / hr Dept Head and assigned staff 915 945 Ci Hall Communit Svcs / hr Dept Head and assigned staff 945 1015 City Hall City Manager's Office / hr Susan Reid 1015 1045 City Hall Engineering A hr Division Mgr and assigned staff 1045 11 15 Ci Hall Building & Safety hr Division Mgr and assigned staff 11 1200 Ci Hall Code Enforcement / hr Division Mgr and assigned staff iii W M15 QQ4 Wich 1 15 200 City Hall IPlanning hr Division Mgr and assigned staff 200 245 Public Works Yard Public Works / hr Dept Head and assigned staff 300 345 Lake Dept Lake Dept '/ hr Dept Head and assigned staff 400 430 Senior Center Parks & Recreation Y hr Division Mgr and assigned staff 430 500 Community Center Parks & Recreation / hr Division Mgr and assigned staff AGENDA ITEM N0OF PACE j �� OPTION 4: CITY -WIDE EDMSIDOCU MEN IMAGING PLANS, FOLIC I ES L PROCEDURES Deliverables One day of on site meetings with all departments Document Imaging Plans for each department Including labor costs City wide Document Imaging Policy Other deliverables as determined by the City PLEASE START MEETINGS ON TIMEI (Department/Division meetings can be attended by as many staff members as the department wishes) Date TBA Tmne 800 845 Location City Hail Department City Clerk Lerqth I / hr Who Attends City Clerk and Clerk s staff Names 845 915 City Hall Admin Svcs / hr Dept Head and assigned staff 915 945 City Hall Community Svcs A hr Dept Head and assigned staff 945 1015 City Hall City Manager's Office / hr Susan Reed 1015 1045 1 City Hall En ineerin / hr Division Mgr and lassigned staff 10 45 11 15 City Hall Building & Safety A hr Division Mgr and assigned staff 11 15 1 Ity Hall Code Enforcement / hr Division Mgr and assigned staff 12 00. 1 00 -r Lunch 4 I r k rr qi _t i9 ' i pt c 1 15 200 City Hall Planning / hr Division Mgr and assigned staff 200 245 Public Works Yard Public Works / hr Dept Head and assigned staff 1300 345 Lake Dept Lake Dept / hr Dept Head and asse ned staff 400 430 Senior Center Parks & Recreation A hr Division Mgr and assigned staff 4 30 5 00 Community Center Parks & Recreation / hr Division Mgr and asse ned staff AGENDA ITEM NO PACE' OPj'3__ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE JANUARY 239 2007 SUBJECT CANYON HILLS ESTATES FINAL ENVIRONMENTAL IMPACT REPORT NO 2006 -029 GENERAL PLAN AMENDMENT NO 2006 -049 SPECIFIC PLAN NO 2006 -01 AND TENTATIVE TRACT MAP NO 34249 APPLICANT VICKI MATA, TRUMARK COMPANIES, 9911 IRVINE CENTER DRIVE, SUITE 1509 IRVINE CA, 92618, JEREMY KROUT,RGP PLANNING & DEVELOPMENT SERVICES, 8921 RESEARCH DRIVE, IRVINE, CA 92618 OWNER VICKI MATA, TRUMARK COMPANIES, 9911 IRVINE CENTER DRIVE, SUITE 1509 IRVINE CA, 92618 LOCATION The 246 4 acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north Pine Avenue to the east Crooked Arrow Drive and Crab Hollow Circle to the south and west (the Project Site ) Cottonwood Creek flows through the northeast corner of the Project Site adjacent to Cottonwood Canyon Road The Project Site is accessible from Lost Road, Navajo Springs Road and Cottonwood Canyon Road (see 'Exhibit A') REQUEST The request before the City Council is for consideration of Final Environmental Impact Report No 2006 -02, and AGENDA {TEFA NO _ PACE�_OF _ REPORT TO THE CITY COUNCIL JANUARY 23, 2007 PAGE 2 OF 5 General Plan Amendment (GPA) No 2006 04 to re- designate the Project Site from Very Low Density Residential (VLDR) and Mountainous (M) to Low Density Residential (LDR), and Specific Plan No 2006 -01 — Adoption of the Canyon Hills Estates Specific Plan, and • Tract Map 34249 —to permit subdivision of the Project Site BACKGROUND In October 2005, the property owners of the Project Site filed an application with the City of Lake Elsinore requesting that their property be annexed into the City The annexation request was based primarily upon the fact that any future development of the Protect Site could be most efficiently and effectively served by the public facilities of the Canyon Hills Estates community of Lake Elsinore In addition, the Project Site has long been associated with the City of Lake Elsinore as it was once a part of the City s Sphere of Influence LAFCO removed the Project Site and other areas from the City s Sphere of Influence (SOI) in 1997 and added the territory to the Wildomar /Sedco Hills Unincorporated Community (UC) Annexation of the Project Site into the City of Lake Elsinore would lead to logical growth and provision of services To that end, on April 11, 2006, the City of Lake Elsinore City Council approved the following entitlements and commenced annexation proceedings for the Project Site 1 General Plan Amendment (GPA) No 2005 -08 which amended the City s General Plan Land Use Map to change the City s southern boundary to incorporate the Project Site, and 2 Zone Change (Pre Zone) No 2005 09 which changed the zoning designation of the Project Site to Specific Plan subject to the completion/approval of Annexation No 75 by the Riverside County Local Agency Formation Commission ( LAFCO) and AGENDA ITEM c�NO 0 PAGE d, OF i REPORT TO THE CITY COUNCIL JANUARY 23, 2007 PAGE 3 OF 5 3 Annexation No 75, which approved the commencement of proceedings for the SOI and annexation boundary change by LAFCO pursuant to the Cortese Knox - Hertzberg Local Government Reorganization Act of 2000, and 4 Negative Declaration No 2006 -02, which concluded that GPA No 2005 08 Zone Change (Pre Zone) No 2005 -09, and Annexation No 75 would result in no significant environmental impacts After the City Council adopted its resolution commencing annexation proceedings, Staff submitted an application to LAFCO for an amendment to the City's Sphere of Influence /Boundary to include the Project Site On October 26, 2006, LAFCO approved the boundary change by way of LAFCO 2006 105 -1 & 3, which amended the City of Lake Elsinore s Sphere of Influence to add the Project Site and which also removed the Project Site from the Wildomar UC The Project was submitted to the City of Lake Elsinore Planning Commission on January 16 2007 for review and consideration Items of discussion at the January 16, 2007 Planning Commission included site design, project infrastructure improvements and various environmental issues (1 a noticing, traffic, circulation air quality, noise, and endangered species) The Planning Commission expressed satisfaction with the design and layout of the proposed project It was the majority consensus of the Planning Commmssion to recommend that the City Council certify the Final Environmental Impact Report for the Project and approve all of the requested entitlements which comprise the Project (refer to Planning Commission Minutes) FISCAL IMPACT Ultimately, the proposed development will have a positive fiscal impact to the community and the City That is financial analyses of the Project estimate that the residences that will be built as a result of the Project approval will generate sales tax by shopping at and consuming good, services, and products in the nearby commercial areas of the City of Lake Elsinore AGENDA ITEI,i N09 PAGE-a---_OF 13 C REPORT TO THE CITY COUNCIL JANUARY 239 2007 PAGE 4 OF 5 In addition to the sales tax revenue that will be generated by the Project, it is anticipated that the Project will also provide a steady stream of construction fobs through build out of the development Finally the Project will contribute fees toward traffic improvements, school facilities park facilities, fire services, police services, water facilities, and sewer facilities RECOMMENDATION The Planning Commission recommends that the City Council adopt the following • Resolution No 2007 -69, certifying Environmental Impact Report No 2006 -02, and • Resolution No 2007 -05 , adoptmg Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) and • Resolution No 2007-o(,-, approving General Plan Amendment No 2006 04, and • Ordinance No to-), approving Specific Plan No 2006 01, and • Resolution No 2007 07, approving Tentative Tract Map No 34249 PREPARED BY KIRT A COURY, PROJECT PLANNER APPROVED FOR AGENDA BY MANAGER'S AGENDA I T CP9 Na a PACa__�._cF-Z.? 6 REPORT TO THE CITY COUNCIL JANUARY 239 2007 PAGE 5 OF 5 ATTACHMENTS 1 Vicinity Map 2 City Council Resolution No 2007 -_ certifying Environmental Impact Report No 2006 -02 3 City Council Resolution No 2007 _ malung Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) 4 City Council Resolution No 2007 _ approving General Plan Amendment No 2006 -04 5 City Council Ordinance No _ approving Specific Plan No 2006 -01 6 City Council Resolution No 0 2007 -_ approving Tentative Tract Map No 34249 7 Conditions of Approval 8 Draft Planning Commission Minutes of January 16, 2007 9 Planning Commssion Staff Report with Exhibits dated January 16, 2007 AGENDA ITEM NO-2i,1 PACE 5 or 3 6 RESOLUTION NO 2007-_O± A RESOLUTION OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFYING ENVIRONMENTAL IMPACT REPORT NO 2006 -02 FOR THE CANYON HILLS ESTATES PROJECT WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No 2006 -04, Specific Plan No 2006 -01, and Tentative Tract Map No 34249 for the project identified as the Canyon Hills Estates Specific Plan (the "Project ) and WHEREAS, the City of Lake Elsinore (the 'City ) has caused an Environmental Impact Report (State Clearinghouse No 2006051073 the "EIR ") to be prepared on the Project pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq `CEQA ), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et seq the "State CEQA Guidelines "), and the City s procedures relating to environmental evaluation of public and private projects, and WHEREAS, the City transmitted for filing a Notice of Completion of the Draft EIR and thereafter, in accordance with the State CEQA Guidelines, forwarded the Draft EIR to the State Clearinghouse for distribution to those agencies which have ,jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies, and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines, and WHEREAS, pursuant to CEQA Guidelines, Section 15082(c)(1) on October 5, 2006 the City held a duly noticed scopmg meeting in order to expedite consultation regarding the scope and content of the environmental information in the Draft EIR, and WHEREAS, the Draft EIR prepared for the Project was sent to the Planning Commission and the Planning Commission held a public hearing to receive public input on the adequacy of the Draft EIR on January 16, 2007, and AGENDA ITE "P N &10135 CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 2 OF 9 WHEREAS, all actions required to be taken by applicable law related to the preparation circulation, and review of the Draft EIR have been taken, and WHEREAS, pursuant to public notice duly given, the City Council of the City (the `City Council') held a full and fair public hearing on January 23, 2007, to consider the proposed Protect and the EIR, and all interested persons expressing a desire to comment thereon or object thereto have been heard, and the Final EIR and all comments and responses thereto having been considered, and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received during the public review period and the responses of the City thereto, and WHEREAS, all legal prerequisites to the City s adoption of this Resolution have occurred 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 evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR SECTION 2 The City Council hereby certifies that the EIR for the Project is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines and local procedures adopted by the City pursuant thereto, the City Council has reviewed and considered the information contained in the Final EIR and finds that the Final EIR represents the independent judgment of the City SECTION 3 The City Council hereby makes, adopts, and incorporates herein as its "findings of fact regarding the potential environmental impacts of the Project, the analysis and conclusions set forth in the Final EIR (including, without limitation the mitigation measures therein set forth) the following summarizes those conclusions a The Initial Study, the Draft EIR, and the Final EIR determined that impacts related to the implementation of the Project would be less than significant without mitigation for in the areas of agricultural resources geology and soils hydrology and water quality, utilities, public services, land use, mineral resources, population/housing and recreation AGENDA ITE 7 N0_,21_ PACE cr 12 E _ 6808351 CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 3 OF 9 b The Final EIR identified potentially significant adverse impacts related to the implementation of the Protect, but which will be mitigated to an insignificant level by conditions imposed upon the Project, in the areas of aesthetics, air quality, biological resources, cultural resources, hazards and hazardous materials, and noise The type of impact for which mitigation was designed and the associated mitigation measures are identified in Section 3 1 Environmental Analysis of the Final EIR, and are summarized in the Executive Summary of the Final EIR C All feasible mitigation measures, which are within the jurisdiction of the City, as identified in the Final EIR have been incorporated into the Project and represent the fullest extent to which the Project related impacts can be reasonably avoided and/or substantially lessened d The Final EIR did not identify alternatives to the Project which would reduce environmental impacts while still substantially achieving the Projects objectives, and the proposed Project was determined to be the environmentally superior alternative e The proposed Project and associated discretionary approvals will result in significant unavoidable impacts to short -term (construction- related) air quality associated with localized PM10 and PMZ 5, near -term (2010), and future (2025) traffic Pursuant to State CEQA Guidelines Section 15093, the City Council has determined that the unavoidable adverse impacts that will result from project implementation are acceptable and outweighed by specific social, economic and other benefits of the project Therefore, a Statement of Overriding Considerations has been prepared and is attached hereto as Exhibit A and incorporated herein SECTION 4 A mitigation monitoring program for the Project has been prepared in accordance with Section 210816 of CEQA, and the City Council adopts the mitigation monitoring program SECTION 5 The City shall make available the EIR and other related materials which constitute the record of the proceedings upon which its decision is based at the Lake Elsinore City Hall 130 S Main Street Lake Elsinore California 92530 SECTION 6 Within five days after the approval of the Project the City Clerk shall file a Notice of Determination with the County Clerk of the AGENDA ITZ 'I NO ;V__ PAGE_ "Or 3 6 CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 4 OF 9 County of Riverside pursuant to the provisions of Section 21152 of CEQA and Section 15094 of the State CEQA Guidelines, along with two copies of the Certificate of Fee Exemption as required pursuant to Title 14, California Code of Regulations Section 753 5(c) SECTION 7 Based upon the above findings, the Staff Report, conditions of approval and documentary and oral testimony presented, the City Council of the City of Lake Elsinore hereby approves Environmental Impact Report No 2006 02 for the Canyon Hills Estates Project PASSED, APPROVED AND ADOPTED this 23rd day of January, 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederick Ray, City Clerk, CMC APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore AGENDA ITEM NO_,� I PAGE -AU-i2 6. "EXHIBIT A" STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project The Final Environmental Impact Report (EIR) for the Canyon Hills Estates Specific Plan has identified and discussed significant effects that may occur as a result of the Project With the implementation of the mitigation measures discussed in the EIR, these effects can be mitigated to a level of less than significant except for unavoidable significant impacts as discussed in Section III of the Findings The City of Lake Elsinore has made a reasonable and good faith effort to eliminate or substantially nutigate the potential impacts resulting from the Specific Plan Impacts, in these and all other cases have been mitigated to the extent considered feasible All significant adverse impacts are identified in the Final EIR and are addressed in the Findings, which accompany this Statement of Overriding Considerations The Project will result in the following significant impacts that cannot be mitigated to less than significant levels 1 Traffic and Circulation Year 2010 Transportation Improvements The Project will participate in the Transportation Impact Fee (TIF) and Transportation Uniform Mitigation Fee (TUMF) transportation improvement programs however the possibility exists that some of the necessary Year 2010 intersection improvements might not be constructed by 2010 As such a significant impact could remain after Project mitigation (fee payment) and until the improvements are constructed Year 2025 Transportation Improvements The Project will contribute incrementally (from <1% to approximately 6 3% of total trips) to cumulative level of service deficiencies at five study area intersections in Year 2025 The Project cannot feasibly mitigate its share of those future cumulative impacts because those intersections are not AGENDA FEM No PAcEL 1 oP 13 6 680835 1 CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 6 OF 9 scheduled for improvements under a City or County fair -share funding and implementation program 2 Air Quality Localized Significance Thresholds Even with the use of all feasible mitigation, the Project will result in short term (project construction- related) air quality impacts associated with localized PM10 and PM2 5 levels adjacent to residences in the existing Canyon Hills community Pursuant to State CEQA Guidelines Section 15093, the City must balance the benefits of the Project against any unavoidable environmental impacts in determining whether to approve the Protect If the benefits of the Specific Plan outweigh the unavoidable adverse environmental impacts those impacts may be considered `acceptable The City has determined that the unavoidable adverse impacts that will result from Project implementation are acceptable and outweighed by specific social, economic and other benefits of the Project In making this determination, the factors and public benefits specified below were considered The City further finds that except for the Specific Plan, all other alternatives set forth in the EIR are infeasible because they would prohibit the realization of Specific Plan objectives and/or of specific econonuc, social and other benefits that this City finds outweigh any environmental benefits of the alternatives Having reduced the adverse significant environmental effects of the Specific Plan to the extent feasible by adopting the proposed mitigation measures, having considered the entire adrmmstrative record on the Specific Plan, and having weighed the benefits of the Specific Plan against its unavoidable adverse impacts after mitigation, the City has determined that the following social, economic, and environmental benefits of the Specific Plan outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overridmg considerations ACENDAITEM NO 21 . PACE - 680835 1 CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 7 OF 9 Environmental Benefits of the Protect • The Open Space conservation easements will benefit biological resources through preservation of approximately 126 acres of natural hillside and riparian areas in perpetuity and designation of an additional 24 acres of open space (Final EIR, p 3 8 -17) • The Open Space conservation easements will benefit the City by contributing to the City s overall conservation acreage under the MSHCP program (Final EIR, p 3 8 -27) • The Project will benefit biological resources and provide quality Ripanan/Rivenne habitat through the enhancement of Cottonwood Creek and existing riparian oak woodland, including the removal of invasive non - native plant species and revegetation with appropriate native species (Final EIR, p 3 8 -35) • The Project will enhance the value of Cottonwood Creek as a wildlife movement corridor extending beyond the Project Site via a 155 3 acre open space and park plan (Final EIR, pp 2 -8 — 2 11, 3 8 35) • The Project will eliminate existing erosion conditions that have compromised the structural facilities and have caused siltation and temporary capacity reductions in the existing debris /detention basin in Tract 30492 (Final EIR, pp 3 7 -19, 3 7 -24) • The Project will provide water quality and flood control benefits by reducing and detaining some of the existing storm flows passing through the Project Site, much of which originates from existing and developing residential properties upstream in the study area watershed (Final EIR, p 3 7 -32) • Through expanded detention/water quality basin design, the Protect will negate more than its incremental share of runoff volumes by releasing stormwater from the Project Site at rates that are below the 100 -year storm flow capacities of downstream storm drains in the Canyon Hills development (Final EIR pp 3 7 -19 3 7 32) Social Benefits of the Protect • The Project will improve local traffic circulation and emergency vehicle access to the Project Site and surrounding properties through AGENDA ITEM NO _21 _ PAGE V� OF CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 8 OF 9 the proposed road improvements (Final EIR, p 2 -11, 2 15 — 2 16, 39 3) • The Project will remove a potential health risk through demolition and clean up of debris, including possible asbestos - containing materials and lead -based paints (Final EIR p 3 9 -7 — 3 9 -8) • The Protect will provide 302 new high quality housing units that will complement housing stock already in the City (Final EIR, p 2 8) • The Project will benefit the community as a whole, by removing the potential for illegal dumping, trespass, and other activities (Final EIR, p 3 2 22) • The Project will provide recreational opportunities for City residents and visitors including a 5 4 acre park (Final EIR, p 2 8 — 2 11) • The Project will provide an emergency access road that will promote emergency response and accessibility not only for the Project Site but also for the adjacent residential areas in the County of Riverside to the south which are currently accessible only by unimproved roads (Final EIR, p 3 9 3) • The Project will provide trails and bikeways, including a special modified roadway section with an expanded eight -foot parkway on one side to facilitate a public trail system throughout the project (Final EIR, p 2 -15) • The Project has prepared a Fire Protection Plan that will reduce wildfire risk in the general vicinity of the Project site (Final EIR, p 3 13 -7) Economic Benefits of the Protect • The Project is expected to be built out by 2010, providing steady construction jobs over the construction period • The Protect will contribute fees toward traffic improvements, school facilities park facilities, fire services police services, water facilities, and sewer facilities • The payment of parkland mitigation fees will benefit the City s park programs (Final EIR, p 3 13 -13) AGENDA ITEM NO OF 136 PAGE �,�_ - - CITY COUNCIL RESOLUTION NO 2007-_ PAGE 9 OF 9 The City has determined that the foregoing benefits provided to the public through approval and implementation of the Specific Plan outweigh the identified significant adverse environmental impacts of the Specific Plan, which cannot be mitigated The City finds that each of the Specific Plan benefits outweighs the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable AGENDA iTVA N0 PAG£ 5 OF J,3 ( _ RESOLUTION NO 2007 -_LS_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING FINDINGS THAT THE PROJECT KNOWN AS CANYON HILLS ESTATES IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, Vicki Mata, Trumark Companies has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No 2006 04, Specific Plan No 2006 01, and Tentative Tract Map No 34249 for the project identified as the Canyon Hills Estates Specific Plan (the Project ), and WHEREAS, the 246 4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, and Crooked Arrow Drive and Crab Hollow Circle to the south and west (the Project Site ) Cottonwood Creek flows through the northeast corner of the Project Site adjacent to Cottonwood Canyon Road, and WHEREAS, Section 6 0 of the Western Riverside Multiple Species Habitat Conservation Plan (the MSHCP ) requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives, and WHEREAS, action taken by the Planning Commission and City Council with regard to general plan amendment, specific plan and tentative tract map applications are discretionary actions subject to the MSHCP, and WHEREAS, on January 16 2007, the Planning Comrmssion considered the Project's consistency with the MSHCP and recommends that the City Council of the City of Lake Elsinore find the Project consistent, and WHEREAS, public notice of the Project 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 January 23 2007 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS AGENDA ITEM NO PAGE L. OF_ /S6_ CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 2 OF 5 SECTION 1 The City Council has considered the Projects consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP SECTION 2 That in accordance with the MSHCP, the City Council makes the following MSHCP Consistency Findings 1 The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project Pursuant to the City s MSHCP Implementing Resolution prior to approving any discretionary entitlement the City is required to review the project to ensure consistency with the MSHCP criteria and other Plan Wide Requirements The PrQlect as proposed was found to be consistent with the MSHCP criteria In addition the PrQlect was reviewed and found consistent with the following Plan Wide Requirements Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 612) Protection of Narrow Endemic Species (MSHCP § 613) Urban/Wildlands Interface Guidelines (MSHCP § 61 4) Vegetation Mapping (MSHCP § 6 31) Additional Survey Needs and Procedures (MSHCP § 6 3 2) Fuels Management (MSHCP § 6 4) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4 0) 2 The Project is not subject to the City s Lake Elsinore Acquisition Process (LEAP) and the County s Joint Project Review processes The Project Site is within the Elsinore Area Plan but the site is not within a Criteria Cell A LEAP was processed but because the Project Site is not within a Criteria Cell the Project is not subject to LEAP and a Joint Project Review with the Western Riverside County Regional Conservation Authority ( RCA ) was not required 3 The Project is consistent with the Ripanan/Riverme Areas and Vernal Pools Guidelines Section 61 2 of the MSHCP focuses on protection of riparian /riverine areas and AGENDA ITEM No PAGE 17 op CITY COUNCIL RESOLUTION NO 2007-. PAGE 3 OF 5 vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species All potential impacts to riparian /riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP) The PrQlect Site does not have vernal pools and no sensitive species lasted in Section 612 of the MSHCP are expected to occur within the Project Site due to the lack of suitable riparian vegetation and habitat and the negative results of focused surveys The Project is therefore consistent with Section 61 2 of the MSHCP 4 The Project is consistent with the Protection of Narrow Endenuc Plant Species Guidelines The Project is not located in a Narrow Endemic Plant Species Survey Area as mapped in Section 61 3 of the MSHCP Therefore the provisions of Section 61 3 are not applicable to the Project 5 The Project is consistent with the Additional Survey Needs and Procedures The Project is located within the Burrowing Owl survey area as identified in Section 6 3 2 (Additional Survey Need and Procedures) of the MSHCP Five surveys were conducted on the entire site The results of the surveys indicated that no Burrowing Owls occupied the Project site However the Project will be required to conduct a pre - construction survey 30 days prior to the commencement of grading As such the Project is consistent with Section 6 3 2 of the MSHCP 6 The Project is consistent with the Urban/Wildlands Interface Guidelines The Pr4lect Site is not within an MSHCP Criteria Cell However Cell 4951 is south of the Project Site A number of Project design features have been included to address edge effects beyond the limits of grading at the urban /wildlands interface that are consistent with the guidelines of Section 614 of the MSHCP In addition the Pr4lect will avoid 126 acres of open space and include an additional 23 9 acres of open space and a conservation easement or deed restriction will be placed over the Cottonwood Canyon Creek mitigation area in the northeastern corner of the Project Site Therefore the Project is consistent with Section 61 4 of the MSHCP AGENDA ITEM NO�� PAGE Ii OF l2 G CITY COUNCIL RESOLUTION NO 2007 - PAGE 4 OF 5 7 The Project is consistent with the Vegetation Mapping requirements The Project Site is not within a MSHCP Criteria Cell Additionally the site is not within the Narrow Endemic Plant Species Survey Area therefore no Narrow Endemic Plant surveys were required However plant communities were mapped and sensitive plant species not adequately conserved or covered by the MSHCP were surveyed These species include Parry s spaneflower Plummer s mariposa lily chaparral sand verbena and Coulter s matilya poppy Surveys and mapping were conducted pursuant to MSHCP requirements Of these species only the Parry s spaneflower was observed within the study area Of the 18 000 Parry s spaneflower plants estimated to occur within the study area approximately one percent would be impacted by the Project and impacts to this species are considered less than significant For the foregoing reasons the Project is consistent with the MSHCP Vegetation Mapping requirements (Section 6 3 1) 8 The Project is consistent with the Fuels Management Guidelines The Fuels Management Guidelines presented in Section 6 4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area The Project Site is not in a Criteria Cell and is therefore not in an MSHCP Conservation Area Criteria Cell 4951 is south of the Project Site but the proposed fuels management as part of the Project do not encroach into Cell 4951 Therefore the Project is consistent with the Fuels Management Guidelines 9 The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee As a condition of approval the Project will be required to pay the Cary s MSHCP Local Development Mitigation Fee at the time of issuance of building permits 10 The Project is consistent with the MSHCP For the foregoing reasons the Project is consistent with the MSHCP SECTION 3 Pursuant to the above findings, the City Council hereby approves the MSHCP consistency determination PAGE `� OF-13C _ CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 5 OF 5 SECTION 4 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 23rd day of January 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederick Ray, City Clerk, CMC APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore AGENDA IMI NO Z/ PACE RESOLUTION NO 2007 -c!�p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO 2006 -04 WHEREAS, Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No 2006 04 for the project identified as the Canyon Hills Estates Specific Plan (the Project "), and WHEREAS, the 246 4 acre protect site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road (the Project Site ), and WHEREAS, Government Code Section 65300 requires each city prepare and adopt a comprehensive, long term general plan for the physical development of the City and any land outside the City s boundaries which in the City s judgment bear relation to the City s planning, and WHEREAS, on November 27, 1990, the City of Lake Elsinore City Council approved the current version of the Lake Elsinore General Plan, and WHEREAS, the 1990 Lake Elsinore General Plan Land Use Map Figure designates the Project Site as Very Low Density Residential and Mountainous, and WHEREAS, on April 11 2006, the City Council entertained a request by Trumark Companies to commence annexation proceedings for the Protect Site and WHEREAS, one of the entitlements which the City Council approved on April 11, 2006 as part of the annexation package, was General Plan Amendment (GPA) No 2005 08, which amended the City s General Plan Land Use Map to change the City s southern boundary and sphere of influence to incorporate the Project Site, and WHEREAS, after receiving City Council approval for the commencement of annexation proceedings, the applicant filed an application for a sphere of influence change and annexation request with the Riverside Local Agency Formation Commission ( LAFCO ), and AGENDA ITEM N0 PAGE of � of r 3 6 CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 6 WHEREAS, on October 26, 2006, LAFCO approved the sphere of influence request by way of LAFCO Resolution 2006 105 1 &3, which added the Project Site to the City of Lake Elsinore's Sphere of Influence and removed the Protect Site from the Wildomar Unincorporated Community (UC), and WHEREAS, at a duly noticed public hearing on January 16, 2007, the Lake Elsinore Planning Commission considered the proposed General Plan Amendment and made a recommendation that the City Council approve the proposed modification to the City s Land Use Map, and WHEREAS, pursuant to Section 17 80 010 of the City of Lake Elsinore Municipal Code, the City Council of the City of Lake Elsinore is responsible for making decisions regarding general plan amendments, and WHEREAS, public notice of the Project 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 January 23, 2007 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 Prior to making a decision, the City Council has reviewed and analyzed the General Plan Amendment pursuant to the State Planning and Zoning Laws (Cal Gov Code §§ 65000 et seq ) to determine the appropriateness of changing the general plan land use designation from Very Low Density Residential and Mountainous to Low Density Residential SECTION 2 In accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code the City Council makes the following findings for the approval of General Plan Amendment No 2006 -04 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 AGENDA ITEM No .21_ PACE a GF116 CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 3 OF 6 The proposed General Plan Amendment will change the Project Site s General Plan land use designation to Low Denary Residential Currently the Project Site has a General Plan land use designation of Very Low Density Residential and Mountainous which allow residential and accessory land uses The proposed land uses are similar to existing and approved uses on all sides of the Project perimeter and roadway network Environmental Impact Report No 2006 -02 ( EIR ) was prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Specific Plan The EIR states that most of the potentially significant environmental impacts have been reduced to a level of less than significant through implementation of project design features standard conditions and project-specific mitigation measures Significant short -term air quality impacts and cumulative transportation impacts have been identified as unavoidable and significant and a statement of overriding considerations has been prepared relative to those impacts The significant air quality impacts are only construction related and will not have long term effects The intersection impacts will occur with or without the Project which does contribute an insignificant amount of traffic to the impacted intersection Therefore the Project will not be detrimental to the health safety comfort or general welfare of the persons residing or working within the neighborhood of the Project Furthermore because the Project is a residential community the Project will not be injurious to the property or improvements in the neighborhood surrounding the Project Site or within the City 2 The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties AGENDA ITEM N0--,;?I PAGE _OF L 3 6 CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 4 OF 6 The Project Site has been pre -zoned Specific Plan which requires the preparation of a Specific Plan for the purpose of master planning the site prior to allowing development to occur Furthermore section 17 99 010 of the Lake Elsinore Municipal Code states that the purpose of the Specific Plan zoning distract is to enhance the appearance and livability of the community through encouragement of creative approaches to the use of land and the design of facilities and to promote and create public and private open space as an integral part of land development design To this end the Canyon Hills Estates Specific Plan will include residential open space and park uses consistent with the Low Density Residential General Plan designation and compatible with the surrounding residential open space and park land uses surrounding the Project Site The Canyon Hills Estates Specific Plan utilized an integrated multi - disciplinary environment -based planning methodology involving environmental resource specialists land planners landscape architects cavil engineers visual resource specialists and water resource specialists With this approach the existing topography and location of public services and environmental resources formed the basis for integrating new development into the Project Site The resulting Specific Plan for the 246 acres is sensitive to the site s topography and environment responsive to the opportunities and constraints of the site and compatible with the City of Lake Elsinore General Plan Goals Objectives and Policies Furthermore the Specific Plan incorporates open space buffers that will create transition areas between the Canyon Halls Estates project and the adjacent uses The Specific Plan also and states that an objective of the Project is to create a residential planned community of appropriate density scale and infrastructure which respects the existing topography and environmental sensitivity of the project site and surrounding land uses which was achieved through site design Project Features and Mitigation Measures identified in EIR No 2006 -02 and Design Guidelines identified in Chapter V of the Canyon Halls Estates Specific Plan 3 The proposed General Plan Amendment would establish a land use designation and usage more in character with the subject property's location access, and constraints The master planned community of Canyon Halls lies just north of the Project Site Canyon Halls residential neighborhoods are comprised of 5 000 square foot lots which is a higher density than the Project Site and surrounding properties General Plan designations Changing the land use designation for the Project Site AGENDA ITEM NO .21 PACE �N OF / 3 CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 5 OF 6 to Low Density Residential will create a neighborhood that is more in character with the pre - existing Canyon Hills development In addition the Low Density Residential designation will create a more natural transition from the higher density residential neighborhoods of Canyon Hills to the rural residential areas surrounding the Project Site Residential clustering results in a residential product that compliments the topography and location of the Project Site Finally the Project will use existing points of access for the future residential community SECTION 3 Based upon the above findings, the Staff Report, conditions of approval and documentary and oral testimony presented, the City Council hereby approves General Plan Amendment No 2006 04 SECTION 4 This Resolution shall take effect from and after the date of its passage and adoption AGENDA ITEM N0_ PAGE �_OF Z 2 CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 6 OF 6 PASSED, APPROVED AND ADOPTED this 23rd day of January 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederick Ray, City Clerk APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore AGENDA ITEM 0 °21 PAGE A OF 1 3 6 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO 2006 -01 WHEREAS, Vicki Mata Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of Specific Plan No 2006 01 for the project identified as the Canyon Hills Estates Specific Plan (the "Project ) The 246 4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east and Crooked Arrow Drive and Crab Hollow Circle to the south and west (the 'Project Site ") Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road and WHEREAS, on January 16, 2007, the Planning Commission of the City of Lake Elsinore considered the proposed Specific Plan and recommended that the City Council of the City of Lake Elsinore approve the Specific Plan, and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions for approval of specific plans, and WHEREAS, public notice of the Project 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 January 23, 2007 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS SECTION 1 Prior to making a decision, the City Council has reviewed and analyzed Specific Plan No 2006 01 pursuant to the Planning and Zoning Laws (Cal Gov Code §§ 65000 et seq ) and Chapter 17 99 of the Lake Elsinore Municipal Code ( LEMC ) SECTION 2 That in accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Specific Plan No 2006 01 6807111 AGENDA ITc NO PAGEO 1 3 CITY COUNCIL ORDINANCE NO PAGE 2 OF 6 1 The location and design of the proposed development shall be consistent with the goals and policies of the City s General Plan and with any other applicable plan or policies adopted by the City The Canyon Hills Estates Specific Plan meets the City's specific plan criteria for content and required implementation of the General Plan established by Section 65450 et sea of the California Government Code and Section 17 99 of the City of Lake Elsinore Municipal Code The Canyon Hills Estates Specific Plan has been prepared to provide the essential link between the City s General Plan policies and actual development within the Project Site The Specific Plan provides for the orderly and efficient development of the Project Site in accordance with the City s General Plan programs goals policies and implementation measures The Specific Plan functions as a regulatory document and implements the City s General Plan through land use provisions development regulations and design guidelines Accordingly the proposed Specific Plan is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located 2 The proposed location shall allow the development to be well - integrated with or adequately buffered from its surroundings, whichever may be the case The Canyon Hills Estates Specific Plan conforms to the topography of the Project Site and appears as an extension of the existing Canyon Hills development immediately to the north The Project Site slopes downward from south to north and faces the Canyon Hills development the northern portion of the Project Site lies at the same elevation as the Canyon Hills development and the existing infrastructure improvements (road water sewer and dry utilities) and community services (retail and service commercial parks and schools) abut the Project Site to the north The Specific Plan includes a 5 4 acre park in the northeast corner of the Project Site as a natural and aesthetically pleasing gateway feature for the Project Site The Specific Plan includes 149 9 acres of open space to provide a natural appearing visual backdrop to the lower residential development area and the community of Canyon Hills The proposed project is appropriate to the site and surrounding developments in that the project will construct single-family detached units in accordance with appropriate development and design standards contained in the Canyon Hills Estates Specific Plan The project creates interest and varying vistas as a person moves along any project street The project also complements 6807111 AGENDA ITEM N0 % PAGE �- � of I� CITY COUNCIL ORDINANCE NO PAGE 3 OF 6 the quality of existing neighboring development and will continue to provide visually pleasing design and architecture within the immediate area 3 All vehicular traffic generated by the development either in phased increments or at full build out, is to be accommodated safely and without causing undue congestion upon adjoining streets The proposed Canyon Halls Estates Specific Plan has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated The circulation concept in the Specific Plan consists of an internal street system supporting the land use allocations in the Specific Plan with connections to surrounding vehicular access streets and pedestrian linkages The City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car truck transit and bicycle The layout and design standards for streets in the Specific Plan allow the community to safely meet the circulation needs of the residents and users of the Project Site 4 The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services In appropriate circumstances, and as provided elsewhere by City Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways, or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development The Final Specific Plan properly identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services The Final Specific Plan identifies necessary streets and circulation to support the proposed land use allocations The Pr4lect is designed as an extension of the adjacent Canyon Hills community to the north Water sewer electricity natural gas schools and other public facilities and services will be available from the City through the existing community of Canyon Hills north of the Project Site In addition the Specific Plan identifies a S 4 acre park site for common use of the residents approximately 126 acres of open space for dedication and preservation and an additional 23 9 acres of open space 6807111 AGENDA ITEM NO2_ PACE oC OF 13 (o CITY COUNCIL ORDINANCE NO PAGE 4 OF 6 5 The overall design of the Specific Plan will produce an attractive, efficient and stable development The proposed Canyon Hills Estates Specific Plan has been designed in consideration of the size and shape of the property thereby strengthening and enhancing the immediate residential area The project as proposed will complement the quality of existing development and will create a visually pleasing non - detractive relationship between the proposed and existing projects in that the proposed use has been reviewed to ensure adequate provision of screening from the public rights -of -way or adjacent properties The Canyon Hills Estates Specific Plan conforms to the topography of the Project Site and appears as an extension of the existing Canyon Hills development immediately to the north thereby facilitating the efficient provision of public services and facilities The Specific Plan provides for the orderly and efficient development of the Project Site in accordance with the City s General Plan through land use provisions development regulations and design guidelines The design guidelines in the Specific Plan establish the framework to achieve harmony and compatibility within residential neighborhoods while promoting high quality architectural design The Canyon Hills Estates Specific Plan will not be detrimental to the health safety comfort or general welfare of the persons residing or working near the project area or within the City nor will it be injurious to property or improvements in the project area or within the City In addition staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Specific Plan and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping street dedications regulations of points of vehicular ingress and egress and control of potential nuisances so as to eliminate any negative impacts to the general health safety comfort or general welfare of the surrounding neighborhood or the City 6 In accordance with the requirements of the California Environmental Quality Act (CEQA) impacts have been reduced to a level of non significance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation 6807111 AGENDA ITEM NO 2% PAGE 0� CITY COUNCIL ORDINANCE NO PAGE 5 OF 6 Environmental Impact Report No 2006 -02 ( EIR ) is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Specific Plan The EIR states that most of the potentially significant environmental impacts have been reduced to a level of less than significant through implementation of project design features standard conditions and project - specific mitigation measures Significant short - term air quality impacts and cumulative transportation impacts have been identified as unavoidable and significant and a statement of overriding considerations has been prepared relative to those impacts SECTION 3 Based upon the above findings, the Staff Report, conditions of approval and documentary and oral testimony presented, the City Council hereby approves Specific Plan No 2006 -01 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 6807111 AGENDA ITEM NO 21 PAGEL 3I OF / 3 �_ CITY COUNCIL ORDINANCE NO PAGE 6 OF 6 INTRODUCED AND APPROVED UPON FIRST READING this 23rd day of January 2007, upon the following roll call vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS PASSED, APPROVED AND ADOPTED UPON SECOND READING this _ day of , 2007, upon the following roll call vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederik Ray City Clerk CMC APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore 6807111 AGENDA ITEM NO d PAGER OF RESOLUTION NO 2007 --61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO 34249 WHEREAS Vicki Mata, Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No 34249 which subdivides 246 40 acres of land into 317 total lots including 302 residential lots, 1 lot for a public park, 2 lots for water tank sites, and 12 open space lots (the Project'), and WHEREAS, the 246 4 acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north Pine Avenue to the east, and Crooked Arrow Drive and Crab Hollow Circle to the south and west (the "Project Site ) Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road, and WHEREAS, on January 16, 2007, the Planning Commission of the City of Lake Elsinore considered Tentative Tract Map No 34249 and recommended that the City Council approve the subdivision map as proposed, and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions pertaining to the subdivision of land, and WHEREAS, public notice of the Project 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 January 23, 2007 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 Prior to making a decision, the City Council has reviewed and analyzed Tentative Tract Map No 34249 pursuant to the Subdivision Map Act (Cal Gov Code §§ 66410 et seq ) and Title 16 of the Lake Elsinore Municipal Code ( LEMC ') 6807911 AGENDA ITEM NO PAGE 3� OF / 3 � CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 6 SECTION 2 In accordance with the Subdivision Map Act and Title 16 of the LEMC, the City Council makes the following findings for the approval of Tentative Tract Map No 34249 1 The proposed subdivision, together with the provisions for the design and improvement, are consistent with the City s General Plan, Zoning Code, Title 16 of the Municipal Code relating to Subdivisions, the Canyon Hills Estates Specific Plan, and the State Subdivision Map Act The design of the subdivision and density of 123 dwelling units per acre is consistent with the General Plan designation of Low Density Residential which accommodates residential development up to 3 dwelling units per acre The design of the subdivision and density of 123 dwelling units per acre is consistent with the Canyon Hills Estates Specific Plan ( Specific Plan ) which limits the density of the Project to 123 dwelling units per acre The Specific Plan provides for the orderly and efficient development of the Project Site in accordance with the City s General Plan programs goals policies and implementation measures The Specific Plan functions as a regulatory document and implements the City s General Plan through land use provisions development regulations and design guidelines The regulations and standards for the Specific Plan will constitute the zoning for the Project Site The Tentative Tract Map is consistent with the land use provisions development regulations and design guidelines of the Specific Plan The Project is consistent with the designated land use planning area development and design standards and all other requirements contained in the City s General Plan Zoning Code Subdivision Code the Canyon Hills Estates Specific Plan and the Subdivision Map Act 2 The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473 5) The Project is consistent with the land use plan development and design standards and programs and all other requirements of the General Plan and Canyon Hills Estates Specific Plan The General Plan designates the Project Site as Low Density Residential The Canyon Hills Estates Specific Plan designates the Project Site as Single Family Residential I (SF -1) (minimum lot size of 7200 square feet) and Single Family Residential 2 (SF -2) (maximum density of 6 8 6807911 AGENDA ITEM NO PAGE Lt OP CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 3 OF 6 dwelling units per acre) Tentative Tract Map No 34249 is consistent with the SF- I and SF -2 designations and applicable development and design standards because the maximum density incorporated into the Tentative Tract Map is 123 dwelling units per acre The Specific Plan provides for the orderly and efficient development of the Project Site in accordance with the City s General Plan programs goals policies and implementation measures The Specific Plan functions as a regulatory document and implements the City s General Plan through land use provisions development regulations and design guidelines The Tentative Tract Map is consistent with the land use provisions development regulations and design guidelines of the Specific Plan and the objectives policies general land uses and programs specified in the General Plan 3 The Project Site is physically suitable for the type and proposed density of the development The project is consistent with the land use plan development and design standards and programs and all other appropriate requirements contained in the General Plan and Canyon Halls Estates Specific Plan The Specific Plan limits the density of the overall Project Site to 123 dwelling units per acre and the Project includes 149 9 acres of open space and a 5 4 acre park The Preliminary Geotechnical Investigation Report for the Project (August 2006) concluded that the Project Site is suitable for the proposed residential development provided that its recommendations are implemented 4 The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced (Government Code Section 66412 3) In light of General Plan Amendment No 2006 -04 and Specific Plan 2006 -01 the Project is consistent with the City s General Plan and Zoning Code will provide necessary public services and facilities and will pay all appropriate fees Environmental Impact Report No 2006 -02 ( EIR ) states that most of the potentially significant impacts including those related to public services have been reduced to a level of less than significant through the implementation of project design features standard conditions and project specific mitigation 6807911 AGENDA ITEM NO PAGE 35 Og_L2L CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 4 OF 6 measures The EIR states that significant short -term air quality impacts and cumulative traffic impacts will remain for which a statement of overriding considerations must be adopted to ,justify the merits of project implementation The proposed subdivision s effects upon the housing needs of the region the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced in the Project EIR and Plan of Services 5 The design of the subdivision and its improvements are not likely to cause substantial environmental damage or substantially damage or substantially and avoidably inure fish or wildlife or their habitat The Project is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan ( MSHCP ) The EIR states that most of the potentially significant environmental impacts of the Project have been reduced to a level of less than significant through the implementation of project design features standard conditions and project- specific mitigation measures Specifically the EIR states that the Project inclusive of project design features and mitigation measures will mitigate all significant adverse impacts to oak woodlands Stephens kangaroo rat nesting birds and. jurisdictional features to below a level of significance The design of the subdivision and its proposed improvements are not likely to cause substantial environmental damage or substantially damage or substantially and avoidably in, jure fish or wildlife or their habitat 6 The design of the subdivision and its proposed improvements are not likely to cause serious public health problems The EIR states that most of the potentially significant impacts of the Project have been reduced to a level of less than significant through the implementation of project design features standard conditions and project - specific mitigation measures Specifically the Draft Environmental Impact Report states that implementation of standard local state and federal regulations and mitigation measures governing human health hazards risk of upset and emergency preparedness would reduce public health and safety impacts to less than significant levels The design of the subdivision and its proposed improvements are not likely to cause serious public health problems 6807911 AGENDA ITE W/O 21 PAGE 2 OF 13 E CITY COUNCIL RESOLUTION NO 2007 -. PAGE 5 OF 6 7 The design of the subdivision and its improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision The Project Site is not subject to any easement for access through or use of property within the subdivision The design of the subdivision and its improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision 8 The design of the subdivision provides, to the greatest extent possible for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66473 1) Government Code Section 664731(b)(1) and (2) indicate that examples of passive or natural heating and cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east west alignment for southern exposure and to permit orientation of a structure to take advantage of shade or prevailing breezes The Project subdivision has been designed to include a variety of lot sizes ranging from 3 000 square feet to over 20 000 square feet and a variety of lot configurations Lot configurations and lot sizes were determined based upon the consideration of multiple factors including but not limited to passive or natural heating or cooling opportunities contours circulation access open space buffers and biological resources Because much of the site is a north facing slope passive or natural heating opportunities are limited Similarly opportunities were limited to orient the lots to take advantage of southwest prevailing winds due to site contours Where feasible lots were configured to permit orientation of a structure in an east -west alignment for southern exposure and to permit orientation of a structure to take advantage of shade or prevailing breezes Additionally the Project will comply with all appropriate energy conservation requirements of the City and Uniform Building Code SECTION 3 Based upon the above findings the Staff Report, conditions of approval and documentary and oral testimony presented, the City Council hereby approves Tentative Tract Map No 34249 SECTION 4 This Resolution shall take effect from and after the date of its passage and adoption 6807911 AGENDA ITEM NO PAGE '31—o CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 6 OF 6 PASSED, APPROVED AND ADOPTED this 23rd day of January 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederick Ray, City Clerk, CMC APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore 6807911 AGENDAiT[M NO Z� PAGE CONDITIONS OF APPROVAL SPECIFIC PLAN NO 2006 -01 TENTATIVE TRACT MAP NO 34249 GENERAL PLAN AMENDMENT NO 2006 -04 CANYON HILLS ESTATES SPECIFIC PLAN GENERAL 1 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers Employees, Agents and its Consultants from any claim, action, or proceeding against the City its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Environmental Impact Report, General Plan Amendment No 2006 -04, Specific Plan No 2006 01, and Tentative Tract Map No 34249 (collectively the "Project ) PLANNING DIVISION 2 All conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division All conditions of approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities 3 The applicant shall comply with the City s Noise Ordinance as set forth in Lake Elsinore Municipal Code Chapter 17 78 4 The applicant shall prepare a final landscape plan subject to the review and approval of the Director of Community Development or designee The plan shall mcorporate details identifying screening, irrigation and aesthetic mitigation of the on site water tanks Said landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy 5 Approval of the Protect is expressly conditioned upon Riverside LAFCO s approval of Annexation No 75 If the City does not receive from Riverside LAFCO a certificate of completion of Annexation No 75 within two (2) years from the date of City Council approval of the Project, the City Council approval of the Project shall be null and void No subdivision, construction, development, or grading of the Project shall be undertaken prior to the City s AcENDAITSU NO 21 PANE 4F l3 CONDITIONS OF APPROVAL PAGE 2 OF 15 CANYON HILLS ESTATES receipt of a certificate of completion of Annexation No 75 from the Riverside LAFCO SPECIFIC PLAN NO 2006 -01 6 The Draft Canyon Hills Estates Specific Plan shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council A Final Canyon Hills Estates Specific Plan document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council No permit shall be issued until the Canyon Hills Estates Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee 7 Future development shall comply with those standards and guidelines contained in the Canyon Hills Estates Specific Plan document 8 Those issues standards, guidelines, etc not addressed in the Canyon Hills Estates Specific Plan shall revert to the Lake Elsinore Municipal Code in effect at the time any future development is proposed 9 The applicant shall participate in and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate 10 The applicant shall provide all project related onsite and offsite improvements as described in the Canyon Hills Estates Specific Plan document TENTATIVE TRACT MAP NO 34249 11 The Tentative Tract Map No 34249 shall expire two (2) years from date when the City receives notice of completion of Annexation No 75 from Riverside LAFCO, unless within that period of time a Final Map has been filed and recorded with the County Recorder or an extension of time is AGE,h'D0.ie::G ,1No 2J PAGE GU `p CONDITIONS OF APPROVAL PAGE 3 OF 15 CANYON HILLS ESTATES granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act 12 The Tentative Parcel Map No 34249 shall comply with the Subdivision Map Act and shall comply with all applicable requirements of Title 16 of the Lake Elsinore Municipal Code unless modified by these conditions of approval 13 Prior to issuance of a final certificate of occupancy for Tentative Parcel Map No 34249, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be satisfied All uncompleted improvements must be bonded for as part of the agreements 14 Prior to approval of the Final Map, or prior to issuance of building permit if deemed appropriate by the City Engineer, the applicant shall create and complete the formation of a Homeowner s Association for the Protect The Homeowner's Association shall be approved by the City To the extent that the Homeowners Association will be governed by Articles of Incorporations, Covenants, Conditions and Restrictions ( CC &Rs'), or any other such instrument, those documents shall be submitted to the City Planning & Engineering Departments and City Attorney's Office for review and approval 15 The CC &Rs drafted for the Project's Homeowner's Association shall expressly designate the City as a third party beneficiary Specifically, the CC &Rs shall state, The City of Lake Elsinore and its successors and assigns are expressly made third party beneficiaries to this Declaration and the conditions covenants and restrictions contained herein governing the use, operation and maintenance of the Property The City has the right but not the obligation, to enforce the provisions of this Declaration Any amendment to this Declaration shall require the written consent of the City AGENDA ITUA NO 271 PAGE t4\ OF _ CONDITIONS OF APPROVAL PAGE 4 OF 15 CANYON HILLS ESTATES 16 The CC &Rs drafted for the Project s Homeowner's Association shall comport with the terms and conditions set forth in these conditions of approval 17 All construction shall comply with these conditions of approval, the provisions and requirements contained in the Canyon Hills Estates Specific Plan, and the guidelines for development set forth in the Lake Elsinore Municipal Code 18 The applicant shall comply with all requirements of the City's Grading Ordinance Construction generated dust and erosion shall be mitigated in accordance with the provisions of Chapter 15 72 of the Lake Elsinore Municipal Code Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineering 19 The applicant shall comply with all applicable City Codes and Ordinances 20 A cash bond of $1,000 00 shall be required for any construction trailers used during construction Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee 21 The design and construction of the project shall meet all County Fire Department standards for fire protection Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met 22 The project shall comply with the requirements of the Elsinore Valley Municipal Water District ( EVMWD) The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards 23 Prior to issuance of building permits, the applicant shall pay park -m -lieu fee in effect at time of building permit issuance or dedicate the proposed approximately 5 4 acre park area to the City AGENDA REM No PAGE 4a OF Z26 CONDITIONS OF APPROVAL PAGE 5 OF 15 CANYON HILLS ESTATES 24 The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building pernut 25 The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of each building permit ENVIRONMENTAL 26 The following mitigation measures related to the protection of Cultural Resources shall be implemented as described below • TS -01 shall be avoided and preserved where feasible including a 10 meter buffer surrounding the boundaries of TS 01 to protect the delineated site area and any associated subsurface components Protective fencing during construction shall be provided to protect TS -01 where feasible • Prior to the issuance of any grading permits, a Phase II cultural resources testing and evaluation program shall be conducted for TS 01 and TS -02 The Phase II evaluation plan shall contain a research design and field methodology designed to evaluate the significance of the sites pursuant to applicable law and in accordance with general archaeological reporting standards for such If Phase II testing determines the presence of a unique archaeological resource' under Public Resources Code Section 21083 2, the report shall include recommended measures to avoid or mitigate impacts to the sites Where avoidance of significant resources is not feasible Phase III investigations (data recovery) shall be completed All testing and evaluation shall be supervised by an individual or individuals meeting the Secretary of the Interior's Professional Qualifications Standards as a qualified prehistoric archaeologist for Site TS -01 and as an historic archaeologist for Site TS 02 and/or a Registered Professional Archaeologist (RPA) with similar qualifications AGENDA ITEM ND..- Z /_ PAGE--�2 OF / 3 9 CONDITIONS OF APPROVAL PAGE 6 OF 15 CANYON HILLS ESTATES • If the Phase II cultural resources evaluation program determines that a given resource is eligible for listing on the California Registry of Historic Resources (CRHR) and/or local listings and therefore meets the definition of an historical resource, or if there is a determination by the City in consultation with the Pechanga Tribe that a resource is "unique pursuant to applicable law, an impact determination shall be made prior to issuance of grading permits If the impacts are deternimed to be significant, appropriate nutigathon measures shall be designed in consultation with the Pechanga Tribe to nutigate impacts to below a level of significance with preservation as the preferred mitigation if feasible If preservation is not the chosen alternative, a data recovery program shall be implemented The data recovery program shall entail, at a nummum, the collection of surface materials and a sufficient sample of buried materials, analysis, and reporting of recovered materials consistent with the Cultural Resources Treatment and Monitoring Agreement by and between the Project Applicant and the Pechanga Tribe • Prior to issuance of grading permit(s) for the Project the Project Applicant shall retain an archaeological monitor to monitor all ground disturbing activities with special emphasis on the vicinity of TS -01 and TS -02 in an effort to identify any unknown archaeological resources Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation • At least 30 days prior to seeking a grading permit the protect applicant shall contact the Pechanga Band of Luiseno Indians for the purpose of notif}nng the Tribe of the grading, excavation and monitoring program, and to coordinate with the City of Lake Elsinore and the Pechanga Band of Luiseno Indians to develop a Cultural Resources Treatment and Monitoring Agreement The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American monitors during grading, excavation and ground disturbing activities, AGENDA ITEM N0_ZZ_ PAGE 4 OF_J CONDITIONS OF APPROVAL PAGE 7 OF 15 CANYON HILLS ESTATES project grading and development scheduling, terms of compensation, and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site The City of Lake Elsinore shall be the final arbiter of any disputes concerning the conditions included in the Agreement • Prior to issuance of any grading permit, the project archaeologist shall file a pre grading report with the City and County (if required) to document the proposed methodology for grading activity observation Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities In accordance with the Treatment Agreement, the archaeological monitor's authority to stop and redirect grading shall be exercised in consultation with the Pechanga Band of Luiseno Indians in order to evaluate the significance of any archaeological resources discovered on the property Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist • If human remains are encountered, State Health and Safety Code Section 7050 5 shall apply and no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097 98 The Riverside County Coroner shall be notified of the find immediately If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Comrmssion (NAHC), which will determine and notify a Most Likely Descendant (MLD) With the permission of the landowner or his/her authorized representative the MLD may inspect the site of discovery The MLD shall complete the inspection and provide its recommendations pursuant to Public Resources Code 5097 98 AGENDA ITEM NO 2 PAGEL 45 OF /3 CONDITIONS OF APPROVAL PAGE 8 OF 15 CANYON HILLS ESTATES 27 The applicant shall implement all itigation measures identified in Environmental Impact Report No 2006 02 and its Mitigation Monitoring Program ENGINEERING DIVISION 28 A grading plan, signed and stamped by a California 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 pernut shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins 29 Prior to commencement of grading operations, applicant shall provide the City with a map of all proposed haul routes to be used for movement of export material Such routes shall be subject to the review and approval of the City Engineer 30 All grading shall be done under the supervision of a geotechmcal engineer who shall also certify, for stability and proper erosion control, all slopes approved by the City to be steeper than 2 to 1 31 An Encroachment Permit shall be obtained prior to any work on City right - of -way 32 Street improvements, traffic signing and striping are required as part of this project The improvements shall be prepared by a registered civil engineer and shall meet City and/or Riverside County standards 33 Arrangements for relocation of utility company facilities (power poles vaults etc ) out of the roadway or alley shall be the responsibility of the property owner or his agent 34 Applicant shall pay all applicable development impact/nutigahon fees, including but not limited to TUMF, MSHCP,TIF and Area Drainage Fees AGENDA {TEM NO ZI___ PAGE �L OF Z3 CONDITIONS OF APPROVAL PAGE 9 OF 15 CANYON HILLS ESTATES The amount to be paid for each fee shall be consistent with the fee in effect per each fee s implementing ordinance 35 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way When either of these criteria is exceeded, drainage facilities shall be provided 36 All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '' /z" x I V Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved 37 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 material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction 38 On site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement 39 All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer Diversion of historic flows shall not be allowed a Roof drams shall not be allowed to outlet directly through coring in the street curb 40 Roofs should drain across a minimum of 20 feet of landscaped area 41 The applicant shall provide for the detention of storm water increases due to the project as increased from historic flow volumes Basins shall be designed consistent with Riverside County Flood Control District standards AGENDA ITEM NOI PAGE 41 OF 3 CONDITIONS OF APPROVAL PAGE 10 OF 15 CANYON HILLS ESTATES 42 The applicant shall comply with all NPDES requirements, including the submittal of a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board 43 City of Lake Elsinore has adopted ordinances for storm water management and discharge control In accordance with state and federal law, these local storm water ordinances rp ohibit the discharge of waste into storm drain systems or local surface waters This includes non storm water discharges containing oil, grease, detergents, trash, or other waste remains Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall 44 PLEASE NOTE The discharge of pollutants into street, gutters, storm drain system, or waterways without Regional Water Quality Control Board permit or waiver — is strictly prohibited by local ordinances and state and federal law Prior to Issuance of a Grading Permit 45 If the grading is less than 50 cubic yards and a grading plan is not required, a site plan showing proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins 46 Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage 47 The approved grading plan shall show conveyance of any storm water historically traversing the project site The storm drain design shall convey at a minimum, the 100 year storm event detailing overland release of any supplemental water volume AGENDA ITEM NO �,4 PAGE Q of / 3 G CONDITIONS OF APPROVAL PAGE 11 OF 15 CANYON HILLS ESTATES 48 Provide soils, geology and seismic report for plan check review and approval Provide final soils report showing compliance with recommendations 49 The applicant shall obtain all necessary off -site easements for off site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance a Applicant shall provide erosion control measures as part of their grading plan The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan 50 Applicant shall provide the city with proof of filing a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits 51 Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits The applicant shall provide a WQMP for post construction, which describes BMP's that shall be implemented for the development and including maintenance responsibilities Prior to Issuance of Building Permit 52 Unless other timing is indicated, all Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to building permit 53 The applicant shall construct a full 40 -foot street section on 60 feet of dedicated right of way as the modified section with expanded parkway for project site internal public streets AGENDA ITEM FAO. a/ PAGE 4� OE_IZL CONDITIONS OF APPROVAL PAGE 12 OF 15 CANYON HILLS ESTATES 54 Cottonwood Canyon Road shall be constructed with 48 feet of road section from curb to curb with a dedicated right of way width of 70 -feet 55 The applicant shall construct a 24 foot street section with asphalt dyke on the southerly side and curb, gutter and sidewalk improvements on the northerly side of Navaho Springs Road In addition, the applicant shall provide geotechnical data to support a slope steeper than 2 1 between the toe of slope and right of way line 56 The applicant shall construct a 32 -foot street section with asphalt dyke on the southerly side and curb, gutter and sidewalk improvements on the northerly side of Lost Road All slopes exceeding 2 1 shall be approved prior to issuance of grading permit 57 All project site internal private local streets shall have a minimum 36 foot section with rolled curbs constructed on a 46 foot easement 58 The applicant shall comply with access requirements from the Fire Department 59 The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location such as water pressure and volume etc The Will Serve letter shall be submitted prior to applying for a building permit 60 The applicant shall pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC 16 34) including, but not limited to Traffic Improvement Fee, Transportation Uniform Mitigation Fee, Area Drainage fee Prior to Occupancy 61 All compaction reports, grade certifications, monument certifications (with AGENDA ITEM NO ZI PAGE 50 OF / ? (, CONDITIONS OF APPROVAL PAGE 13 OF 15 CANYON HILLS ESTATES tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division 62 All public improvements including signing and striping, and street lighting shall be completed in accordance with the approved plans or as condition of development to the satisfaction of the City Engineer 63 Onsmte circulation of the Project shall be completed to the satisfaction of the Fire Department 64 The applicant shall coordinate the construction of a street light with Southern California Edison consistent with the City Standard street light spacing 65 Water and sewer improvements shall be completed in accordance with Water District requirements COMMUNITY SERVICES DEPARTMENT 66 The applicant shall dedicate five (5) acres of park land to the City in perpetuity The Park Site shall be equestrian in design and located off of Cottonwood Canyon Road (as per preliminary park site plan) intersecting Street ` All 67 Regional Trail Connections shall be integrated into the development 68 Construction of the Park Site shall be completed at the opening of the first model home 69 Prior to issuance of building permits, the developer shall dedicate the 5 4 acre park area to the City Park credit fees towards park construction shall be applied (302 units @ $1600 = $483,200) However, all interior landscape, recreation areas facilities and/or open space that are maintained by the Homeowner's Association will not receive park credits AGENDA ITEI I NO 21 SAGE 51 0�_ 6 CONDITIONS OF APPROVAL PAGE 14 OF 15 CANYON HILLS ESTATES 70 The applicant shall participate in the Public Facility fee program 71 The applicant shall comply with all NPDES storm water requirements 72 The Homeowner s Association shall maintain all natural and manufactured slopes 73 The Homeowner's Association shall maintain all drainage facilities and structures 74 The Homeowner's Association shall maintain all catch basins, collectors v ditches or any other related flood control or storm water control device 75 The Homeowner s Association shall to maintain all exterior walls and landscaping 76 The applicant shall participate in the City-wide LLMD Prior to issuance of certificates of occupancy, the developer shall annex into LLMD District 1 for all exterior landscaping to be maintained by the City 77 The applicant shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8 32 of the Lake Elsinore Municipal Code 78 Prior to issuance of the final certificate of occupancy, the applicant shall provide the City with an inventory of all street signs, street markings street trees and total square footage of all streets in a digital format acceptable to the City 79 The applicant shall satisfy all City curb, gutter and sidewalk requirements 80 The City shall retain final review and approval authority over all park development and implementation plans 81 The City s Landscape Architect shall review all landscape and/or irrigation AGENDA i l ENI NO FACE_-a_OF (' CONDITIONS OF APPROVAL PAGE 15 OF 15 CANYON HILLS ESTATES plans ADMINISTRATIVE SERVICES DEPARTMENT 82 Annex into CFD 2003 1 Prior to approval of the Final Map, the applicant shall annex into the Mello Roos Community Facilities District 2003 1 to offset the annual negative fiscal impacts of the Project on public safety operations and maintenance issues in the City 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(a-)hams assoc com 83 Annex into CFD 2006 -5 Prior to approval of the Final Map, the applicant shall annex into the Mello Roos Community Facilities District 2006 -5 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, Hams & Associates at (949) 655 3900 x334 or dandersonAliams assoc com 84 Annex into LLMD No 1 Prior to approval of the Final Map, the applicant shall annex into Lighting and Landscape Maintenance District 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 right of way for which the City will pay for electricity 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 Hams & Associates at (949) 655 3900 x334 or danderson(ciharris assoc com AGENDA iTEP1 N0 ;V PAGe 53 0F�_ MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 CALL TO ORDER Chairman O Neal called the Regular Planning PLEDGE OF ALLEGIANCE Commissioner Flores led the Pledge of ROLL CALL PRESENT COMMISSIONERS ABSENT Also present were Manager Planner We � a 1 Mmutes PUBLIC HEARING ITEMS 16, 2007 f order at 6 07 pm GON�ALES, FLORES, !A, ZANELLI y Development Preisendanz, Planning Engineering Manager Seumalo, Associate Agenda Item No 2 Page --L of 13 b PAGE 2 PLANNING CON IISSION MINUTES - January 16, 2007 5 Canyon Hills Estates Environmental Impact Report No 2006 02, General Plan Amendment No 2006 04, Specific Plan No 2006 01 and Tentative Tract Map No 34249 Staff is requesting consideration of • Environmental Impact Report No 2006 02, and • General Plan Amendment (GPA) No 2006 04 to re designate the Project Site from Very Low Density.ResiAential (VLDR) and Mountainous (NI) to Low Density Residential (LDR), and • Specific Plan No 2006 01 - Adoption ` o the Canyon Hills Estates Specific Plan, and � A • Tract Map 34249 - to periritsu`bdivision of the p gep site CASE PLANNER Kin Ga %``Protect Planner' Ext 274' �� lake elsmore org F RECOMMENDATION 'J"Approval Chairman O Neal requested the ding of the staff report Apia f, Project Planner Kit Cot&av 'd report Co ury �s °r Thankzy4 LRolfe Nk me�is of the Commission The proposed project, Tom next slide *proposed pro identified as Canyon Hills Estates is located in the Canyon I Llls area Canyon Hills S eific Plan development is located here Lost Road is over off to the side Pme Avenue cared here Cottonwood Canyon Road goes through divides the site at this point Excuse me as the Planning Commission is aware the item was continued from the December 19`s Planning Gi mmusion meeting to th,s evening of January 16`s The continuance was requested for the environmental noticing penod to close on December 27' It should be noted that since the Planning Commission is the recommending body and not Agenda Item No a Page S � of 14 PAGE 3 PLANNING COMMISSION MINUTES - January 16 2007 the approving body the project could have been, could have proceeded forward as originally scheduled without any violation or compromise of the California Environmental Quality Act However due to the nature of the comments that staff was receiving it was, staff felt that it was prudent to continue the item until after the environmental noticing period had closed hence the meeting thus evening At the close of the environmektal noncing periods, e� staff received 15 comment letters regarding the project and which is identified as Exhibit F of your staff report and staff has commented and responde to tho mment letters identified as Exhibit G In October of 2005 the prQ, j gowners of the ce \ e site filed an W application with the City requesting that their propty be annexed into the C.tiy�of Lake Elsinore On April 11' of 2006 the Qty Council apprv�'J e annexation project and te�� commenced the annexation proceedings the project sne ter the Cary Council adopted k� �� the Resolution commencing the annexation p e� gs staff sultted an application to LAPCO for an amendtnent-to the Qtys Sphere of I � ��boundary to include this project site On L.AFCO Resolution The'epproposed bE Plan, Tenta Trace Map General Plan ment from very the boundary change byway of to the Sphere of Influence of the Qty the Wildomar unincorporated community you U" v8ning includes a General Plan Amendment Specific d identified as the previously identified Draft EIR. The li change the City of Lake Elsinore s general plan designation I ountainous to low density residential The Specific Plan, the purpose of the Canyon Hills Estate Specific Plan is to provide an orderly and efficient development of the project site Canyon Hills Estates will be a planned residential community containing a maximum of 302 dwelling units with a public park open space I m sorry with a public park and open space integrated into the project design Canyon Hills Agenda Item No I I Page 7 4 of 13b PAGE 4 PLANNING COMMISSION MINUTES — January 16, 2007 Estates is designed to conform to the topography of the site and appear as an extension of the existing Canyon Hills development immediatelyto the north The Canyon Hills Estate Specific Plan divides the project into three basic land categones residential, public park and open space The residential category has two subcategories of single family residential SFl and single family residential S172 Design Guidelines are contained u\ apter 5 of the �y Specific Plan identifying the development standards for m those The single family residential 1 consists of lot size ranging from a mtutmu 04, 00 s over 20,000 sf The single family residential 2 identifies lot sizes with a minimum size of 3,0 d propose a 64 dwelling, I m sorry a 64 residential lots The pu park dk ignation has assigned to a 5 4 acre site which again is located in this location with < `� on wood Canyon Road going through here The open space is towaidkthe center of the p ject in this location which is also the most mountainous of the area if that t }vu designat��it as The Specific Plan �� >r A again has been designed to %6 into consider }t ti that #de area and will once yj development occurs tyre gradini'�ill take into consideration the hillside area as well The design of the subdroisioxesults dens of 123�dwelluig units per acre which is consistent 0, proposed general plan land use designations of low density residential tii1� The proposed lots Rnth>it�� tract m3p-identifies 302 single familydetached residential lots within the Canyon Hills Ess� tes Specific Plan Twelve lettered lots for open space two lettered lots for water tank s tes and one letter lot for public park It should be noted that with relation to the war�tank sites, the water tank sites are designated at a specific site location as a requirement of the appropriate water district to allow for usable water pressure and proper fire safety water flows Any attempt to deviate from the appointed location could disrupt the designated water flow requirements and Impact such agency standards Please note that condition number 4 of the project of the Conditions of Approval requires Agenda Item No Page S f of M PAGE 5 PLANNING COMMISSION MINUTES - January 16 2007 that the applicant provide landscaping for the screening of the onsite water tanks to help mitigate the aesthetic appearance of the identified tanks The Canyon Dills Specific Plan is consistent with the City's General Plan and preemsung development adjacent to the project site Again refemng to the Canyon Bills development located to the north The low density residential designation in combined with the Specific Plan zoning provide an opportunity to cluster development and create a significant open space area thattother General Plan designations would not facilitate By functiorung as a re ry document the Canyon Hills Estate Specific Plan provides a means of implemeni l Ian through implementation of particularized land use pro v a develo nt regulations, and design guidelines The environmental determination again haste `noted through the Draft Environmental Impact Report that nnpactj that Draft En ntal Impact Report o \ N concluded that unavoidable adverse anpacts rela to air quaht on a short term impact during construction and # with relauon�c>�iriulauvek acts post the 2025 that would occur in the future bull out o area with or, out the project would result with the proposed apphcauons a s terrieri of overriding considerations has been prepared in / °po accondaitce thaebuott 15093 f the o Environmental Quality Act Guidelines whit ces the proposed prof gainst this unavoidable environmental effect It is recommends that the P g Cosion adopt the appropriate resolutions for the proposed projecC As the Co�sion I handed out before the meeting this evening would be aware there s been ano�te to the change of a mitigation measure at the request of Pechanga That emarl received this afternoon and again has been handed before the Commission The applicant has reviewed the proposed mitigation measure modification and is acceptance accepting to it with that that mitigation measure will be modified for the City Council packet as it goes forward next week With that the applicant is in the audience this Agenda Item No 21 Page s-_ of 136 PAGE 6 PLANNING COMMISSION MINUTES - January 16, 2007 evening Staff would entertain any questions the Planning Commission may have and that concludes my presentation O'Neal Thank you Mr Coury I have a number request to speak on this Item If you wouldn t mind taking the podium when I call your name You have three minutes Rlease state your name and address for the record I d like to start off with Vicki Mata Mata Good evening Mr Chauman and Commissioners I have a bnef presentation I ll do it ems' quickly My address is, I m at Trumark Gomparri my address u 9911 Irvine Center Drive m Irvine, California I want to thank Cary staff eir time and effort to fairly and thoroughly and professionally analyze posed Canyo'��HiQs Estates Specific Plan You have a lot of Information in front of you t provides extensivedetail about the proposed Canyon Hills Estates community and you he rd a bnef NT ew from the project from Kai Ot�e However before we cuss the community in I e detail I would like to give you some background on why we decidedido business e Gary of Lake Elsinore and how we selected the Z 94 Is Est si d e the site plan before you for consideration Des items ebeauty of the area fornyars Lake Elsinore was overlooked but it u now In the hmehzht, flectm¢ the environment it is located In with the mountains to the west the lake and the rolling hills too east and its prime location to close proximity to major metropolitan areas )pin: more importantly Lake Elsinore is a budding city of its own with major regional retail centers opening this past year and new office complexes to bring high paying jobs to the area With the growing employment sector and the wealth that is coming to the community new high end housing opportunities need to also follow suit Trumark Companies experience in creating high quality communities and our strong desire to do genda� Item G,No �/ Page .] '' I of b PAGE 7 PLANNING COMMISSION MINUTES - January 16 2007 business in the community made it a perfect match The only thing missing was a site Therefore we actively searched for ideal properties in Lake Elsinore close to services that would allow us to meet our goal Given Lake Elsinore s ideal setting, we did not have to search long The Canyon Hills site met and exceeded all the criteria for the property and settings to create a luxury master planned community providing hoop f r a variety of econormc means and hfestyles Although by no means an easy�e fort to arrive at the detailed site plan design you see before you this evening The basAayout of site plan was a natural fit for the site Extreme care was taken taken io de tgn a site p at complimented surrounding residential nerghborliookwhile at the same time Irving AAA sensitive environmental resources and hrmting develop t impacts in hillside areas to the extent feasible Tmmark utilize an mteg dr to muludMY vuonment based planning methodology involving environmental reso 6's lal st, land p ers traffic engineers, I W, landscape architects civil eery, visual reso a spec water resource specialists P s economists and real estate mark analyst to arrive at the context sensitive Canyon Hills Estate Specific Plan andi'srte ,,plat��oull be conside�nng O'Neal mmt Ms Mafa, you re going 1R, a � Mata Ainght lets se W r I ll O'Neal Thank you o- Mata to P AhB up the conclusion then If I could find it In conclusion, the proposed Canyon Hills Estates commumty represents a context sensitive development design that the properly owners have been involved with Agenda Item � nNo _ Page 60 of 13k PAGE 8 PLANNING COMMISSION MINUTES — January 16 2007 from the beginning ing and are in support of as it achieves their dream for contributing the property they have owned for decades to create a qua* community that is responsive to the sites environment and surrounding uses as well as the lifestyles objectives and will provide multiple benefits to the Cary of Lake Elsinore and its residents Thank you M Tha Me (six O'1' I be Pat Ch. you of t bee Co, No Pat Ths me st name )ne of Ingle one i that yThis be able to do about it) May I ask for this to be postponed please) We ve not been notified You are in violation of the law and Brown Act we have not been notified We all live within 300 feet of this project Deputy Cary Attorney Agenda Item No O`-/ // Page _ of _r3 PAGE 9 PLANNING COMMISSION MINUTES — January 16 2007 The Brown Act simply requires that nonce be given byposmng the agenda 72 hours prior to the meeting in a pubhc place that is accessible to everyone and the agenda was posted on Friday Kut> Coury : the City hus is > not vithm that mailing labels to verity whether or not you were noutied However the brown Act does require at a mimmum only that we post the agenda 72 hours beforehand and the Citydid comply with that requirement O'Neal Agenda /Item No 6 Page ?— of 12 6 PAGE 10 PLANNING COMMISSION MINUTES -January 16, 2007 Excuse me Paul And you guys can live with this) O'Neal Excuse me, you have three minutes to speak whatever you want to do Paul As you proceed tonight I am hoping you are in receipt of t4 2006 from the County of Riverside Transportation ajar Land believe a Wendy Worthy Principal it speaks to the Transportation Department s high related to this project including Lost R 4�?O Cotton roads being used as shortcuts as a result Springs and Lost Road City of Lake paving of Lost Road soGlibrly t X The County is consideting es4 to particinate which sh iid also would be directly access LostTv Participate Navajo Sprigs be vparticipate fain €Lemon Chew cii is what December 21 was sent to I City of Lake EIsi 'ore and the developing traffic speaks to all of these roposes That Navajo County standards That the in the funding mechanism for the that one guys Southerlyto Lemon a" diiig mechanism for development in the County substantial contribution from the project that is anticipated to use substantially in the future s participate financially in the funding mechanism to improve Cottonwoodoanyon south to Bundy The Transportation Department would be pleased to work with the Cityto jointly develop a funding mechanism for improving Cottonwood Canyon Road The traffic study identifies that project traffic will use Holland Road to the east and references that the Pardee Homes project is responsible for paving of Holland It also states that the roads will be, the road will be paved to up to County Agenda Item No L m Page 6 of 13� PAGE 11 PLANNING COMMISSION MINUTES -January-16,2007 standards The project should be conditioned to provide the paving in the events that the Pardee project does not move forward d this paving has not already been done and the pavmg should extend east to meet the existing paved section beyond the Crty limits The fifth point is incredible because it says it is, if it is found that this is not feasible to improve either Lost Road to Lemon or Cottonwood Canyon alternate forms of access for the project should be explored The County of Riverside is saying that the traffic impacts on this `a-'\ project are pretty huge and I m hoping that this is not the t time has been brought to you I would certairily think that it would have been are tra department but at the least I would have expected Trumark to bring it to yO ttenuon because it s huge,,,TTie residents continue to legally explore and fund a lawsuit in regards t We are pursuing further litigation as it relates to Navajo Spnngs� emg a private rodf'o 42 years There are lots of things We stood here mne months ago a�d sazdth>s is not a pure project And we would certainly hope that you would give us some cansideratiozii -k,v the County some considerations as a gato cl uncd and th ,to LAFCO Thank you O'Neal Thank you t 7�9%keR sceake�r rs Tohnn F can members, staff I m a property I m one of the property oW�' There s two I represent the 80 acres that will have the park on it and the upper right hand 2 nt of that map that you looked at earlier I ve owned this property for over 30 years When I purchased the property I could stand at my front door and not see a light in any direction, nowhere around I frequently visited with Mrs Christenson who has past away now and that property represents most of what is known as the Pardee Development I have a development now right up to my fence line My point Agenda Item No )-I Page —L�— of 13 PAGE 12 PLANNING COMMISSION MINUTES - January 16 2007 here today is that it s no longer the property I purchased 30 years ago Many many people moved in I owned my property 30 years and you Ube hearing from the Barron s family they own their property for over 50 years Its lust amazing to me when we moved there it was a beautiful place to see and time moved on and like I said I now have homes right on the fence but more than that what I really have is about 16 motorcycle people I have to runoff every weekend because they dunk k what I have 80 acres and ma the adjoining property is lust recreational land Someone told me one day well dons get so with me it s all BIM land isn t rt> It s pretty hard they cut the fence the cut they wire where the ardee gate once was It s been knocked down a number of tuns a lot�Sf repairs over there but my point is this time moved on and the property area aro CEie property changed and I learned to change with it I applaud th T ty of Lake E1smoieand your democratic process of hearing the pros and cons of this develginent but bask you ter consider we re not lust fhppmg a piece of property property ni gain MlX ut we p�`�ased is no longer there The ' love we had for thatjldis gone I ask you to consider our part as you move forward on this decision Thank the privilege to speak. O'Neal ,4 " Thank you sir The ne t� aker 01(iek Estes Estes r Honorable Planning Commission I had O'Neal Do you mind stating your O'Neal Rick Estes and I live in Wildomar on Robert Street, 33160 Robert Street in Wildomar I had lust a couple of questions and they re for my own clarification I understood from Kirt s Agenda Item No Page � of, 1-31_ PAGE 13 PLANNING COMMISSION MINUTES - January 16 2007 presentation that everybody, all of the Planning Commissioners got the 15 comments of the apparently there were 15 answers to the Draft EIR that was sent out so it was my understanding that your packet included those and that you had had a chance to review and see those comments and I, Mr Metivier talking was referring to the County of Riverside s concern but apparently there were 14 other ones and I haven t seen those What I saw was the one answer that you gave to the consultant doing the Draft EIR he gave Cheryl Ade an answer so the only thing anyone of us would have seen up to this point I believe is lust the one particular answer that they had given But I ni g that you rave all 15 answers and that you ve had a chance to take a look at >he ��� d then second question 'would be � x M eX of the 15 comments that you received from the Draf[ $1. other than apparently there was a change made today from a request by Pchnga were the other changes made to the Draft EIRQ I guess what I m saying is wlidt you" ve�Rfront of you today is that the same document that was circulated tp the public or a there �9H&anges incorporated from the comments and the finally of course if you've had a chance to review what you received ��So that s mypurpose in S to get some clanficanon on the process that I m reviewing d sit from out � e and'that s n y comments Thank you Ap't y; Thank you Steve Urang Urame ,( K /y� Good evening, yes I'm §teve Urame 32255 Navajo Springs Road in Wildomar And no we didn t receive a notice on this and you know my limited understanding is you need to do that so if that s the case then these proceedings I suspect would be out of order and I think somebody needs to say it so its done With that said I ll move on The development it proposes to use Navajo Springs Road as pan of its access I live off of Navajo Springs Agenda Item No / ll./ Page (0 6 of ) J> b3 PAGE 14 PLANNING COMMISSION MINUTES - January 16, 2007 Road it s a private road Talking with Juan Perez, Deputy Director of Riverside County Transportation Department Mark Vemes, same Department they have concurred that the road is indeed a private road and we do not give our consent to use it Additionally our attorneys seem to agree that it s a private road so everybody concurs that it s a private road and we do not give our consent to using it You will probably go ahead this evening and vote on this protect and approve it We actually I expect you t6 o so and you should probably expect us to act accordingly Thank you O'Neal Thank you At this point I would like to ask W* z ury�to a a couple ofi�se Issues The traffic concerns at Lost Road, Navajo Road the stepbiprivate versus public The 15 answers and continents if you mind doing that if we had in fac%' ad a chance to review this Coury \\ \\ Sure Mr Chairman if o � was talang sp notes, I% go in order and then with /%// //i relation to Navajo Sp kings I d defer to the City Engmeer on that as well 32200 Crooked Paul Metivier We do have the mailing labels and the radius Linda Metivier assessor parcel number 365 220 022 at So they were included on the mailing radius (shouting from the audience) Sir I was not notified You re calling me a hat I was not notified I didn t get anything in the mail When they say they're mailed but I in here telling you Agenda Item No Page(, 7 of 13 4 PAGE 15 PLANNING CONSIISSION MINUTES - January 16 2007 O'Neal Excuse me sir Paul Metivier I was not notified O'Neal Excuse me sires Paul Metivier Thank you ;r as the Commission is : F with the Planning was I believe mailed to io you did receive them nor to tonight s nent letters the Planning Commission did receive is part of the packet as mdicated in the staff report Exhibit G is the comment letter and Exhibit F is the response to those comments I haven t had the chance or opportunity I was taking notes so I cannot identify if Mr Uraine was included on the Agenda Item No Page (o O of l3 6 PAGE 16 PLANNING COMMISSION MINUTES - January 16, 2007 mailing labels I can research that and further into the meeting I can confurn that for the Commission And at this point with relation to Navajo Springs as a private road I will defer that to the Qty Engineer O Neal Thank you Mr Seumalo Seumalo !, " Yes sir, thank you The engineering staff and the traffic engineer with our retired traffic engineer took into account the traffic study that was presented by the and the concerns presented tonight during public commen»�re addressed in, were consideration in our analysis There is a trip Cottonwood Canyon Road as well as report address those issues The letter it I spoke with our couple of questions competent engineer mov, distnbuuonp�tnps y4 re analyed with both our tra believe thiat the conditions O Neal Thank you Mr Seumalo Yes sir (YNeal engineer Navajo Springs and d Road But thek„conditions as stated in the staff 48 atedibythe he County svi ff received and reviewed evening prior to coming here and we have a `\q�` e I `vwtork with Mr Perez and I believe him to be a isn t any substantiation to their opnuon about the preseen d a traffic engineer, a traffic study which we as well as our current engineer and we address the concerns Rolfe would you have something you d like to add about this) Agenda Item No Page � 9 of /3 6 PAGE 17 PLANNING COMMISSION MINUTES - January 16, 2007 Preisendanz No I lust wanted to say that we ve complied with noticing requirements and as far as the mailing we mad them out whether you had received them, we do the mailing we try to notify according to law, we go over and above what our requirements are so I think we ve gone over and above what we are required to do so as far as you gttirig it actually m hand, I don t know Paul Metivier We received Qty Council notice Did you send out ke g one) Preisendanz N u \� No And I want to thank Knt for all of his work and'en`t'ati ce There s a long history of this project We ve gone through quit bit of ordeal In f ve continued this project from the fast Planning Commission to allow it tcq t trough thFieview process Originally it was going to be scheduled -for an earher P �s� CoinYiAon meeting and we ve made everyattempt to tryto o this pp ect correctl d I feel confident that we have so that s all I have to say on this pro CYNeal,orrt Tha u Rolfe Coury Mr Ch autnan, s O%y o inept I lust wanted to confirm that we also identify on the same packet of mailing labeES ve and Kathy Urang, 32255 Navajo Springs Road So again they were included on the mailing labels which were distributed and also for clarification for the audience Not only were mailing labels distributed as Rolfe indicated and as Ahsha, Qty Attorney have indicated the Qty Hall posting was posted on Friday out at the project site Agenda Item No __Z./ — Page �z t) oFJ=?-L PAGE18 PLANNING CON&IISSIONMINUTES -January16,2007 There is a project board which identifies the project and a notice placed on that as well So three measures were taken to make sure and ensure that people were notified of the project O'Neal Thank you Mr Coury As this is a public hearing anyone who did not fill out a request to speak that wants to speak in favor of this project may do so at this Seeing none anyone who did not fill out a request to speak who wishes to 19 e not in favor of this 3 project you may do at this time Excuse me I believe thav u let your nine go by to your All husband Is that not correct) Go ahead ot 00, Linda Metivier t Thank you My name is Linda Nkuvier Ihveat322 'Pboked ArrowDrive in the County of %verside Wildomar It s interesQg�,,ktt everybodyin�&�Elsinore was notified of the meeting as they are the ones that are "m4ncted"- , bythe project '%k my husband stated our !rty is just in front of,,* w9p�CA&M\Iii that you ve seen tonight We prorle ,Cottonwood definitely are impacte&bY the Aject We are inthe process like he said of a lawsuit Wedo 7, consider that Navajo Sph'W to )nvate roJaMod we are not understanding how a /b�A f /a/r/F /M developer can M //V //�/"ni and oZ� and do what they want with it with your pe Another at I -mow if you have before you that hasn t been addresse or r is the wa r supply We are on wells out there There s a thing in the paper not too oa kanother community that was mipacted by a development where they lost the 'r and I d like to know how that s been addressed and what you have to come to conclusion on that Thank you UNeal Thank you Is there anyone else that would like to speak against this project that did not fill out a forini) Anyone that would like to speak about this project about anything at all about Agenda Item No P,g —11 of PAGE 19 PLANNING CONIlvIISSION MINUTES - January 16, 2007 this project) Seeing none I ll close the public hearing at 6 40 Bring it up here for Commissioner comments 111 start down at the other end with Commissioner Axel Zanelh Zanelh In regard to the 15 letters 13 of those were from agencies such as the State of California the Gas Gompany, Department of Toxic Substances Gontrol, the of Luiseno Indians, Fish and Game Riverside Transportation Southern California Association of Governments Rivei School District and the Governor s office of Plaig Re State agencies were from WIN and I believe orte from Anyway there was a response to all the concerns in thib`t� eite: through and I feel most of them were Qty Attorney in regard to the private that tonight or have to do o resew Deputy Cary Attorney �� Yes definitely there have ?been some P�9rt P Elsinore and the Wildomar res idents i commumW that sued the Oty on tl e`I FRI Lake Elsmdre and as pan o� ose t with regards to*emadwayshowevei terms of the t know stnct Soboba Band a Indian Reservation Control, the not from individual but caii find it ;We had a chance to go I have now is from the a ll be able to answer as between the City of Lake The unincorporated of the annexation of this property into the City of negotiations there has been some discussions because settlement negotiations are ongoing and the not yet been solidified we can t really say much more than that But the roads are being addressed Navajo Springs Road in particular and we hope to have some resolution of that here in about the next month or so and I d be happy to report back to you to inform you of the outcome of that those settlement negotiations when I am apprised of the details Agenda Item No �L Page ::1 2-- of 13 6 PAGE 20 PLANNING COMMISSION MINUTES - January 16 2007 ZaneW Thank you and the only other Issue was brought up regarding the wells and I don t know for a fact but I in guessing that the development will have all the E VMWD water and sewer provided and shouldn t really have an unpact on the wells in that area If anyone on staff can respond to that) Coury I would agree actually Commissioner Zanelh if you d their team of experts here that could explam in det4� , ZaneW I think if they could step up and address that that If you would like as well to add onto road they would be There s a difference the applicant with bythe residents with regards to the I m with the law firm of Jackson today representing Trumark. I lust wanted to very about the road I think there s potentially a misunderstanding a county road and a public road This road is in the situation where it is pending dedication to become formally county road and be maintained by the County However even before the dedication is accepted a road can become what is called a public road and that occurs through public use Many of you know that this is a road that was part of a tract map I think it s something like 40 or some years old It s had a very long Agenda Item No P � age ._3 of �b PAGE 21 PLANNING COMMISSION MINUTES — January 16, 2007 history of public use and there is a lot of case law that basically states that if you have public use on a road it becomes a public road but that doesn t necessarily mean it becomes a part of the County system yet and I hope that answers your question Be happy to provide you with any additional information Zanelh That s fine on that and you could respond to the water issue O'Neal Thank you Ms Taber Krout Thank you Commissioner Zanelh my name is Development Services our firm was Section 3 12 the utility section of the availability We the District They have preparing a master v and three h C havee,b e& worked v and MWD of the agreed to the de and future residents Zanelh work with RGP Planning the project and in related to water Water Municipal Water they've worked with the applicant in one the demand, two the availability, and delivered to the site and all those EVMWD who receives its water from WMWD in the process and have I guess in a sense _ by this project and the availabihty to provide to the residents Basically should have absolutely no impact on the well water in those areas 111170 _1T Agenda Item No Page �N—of _ PAGE 22 PLANNING COMMISSION MINUTES - January 16 2007 That is true there is they would not be using the well system on site or wells on site There are some wells for _ residents but I in not really sure about that but those would not be used as part of this project The water would be delivered and that water that is available for delivery to the site Zanelh Thank you very much I have no further questions O'Neal Commissioner Flores Flores Thank you Mr Chairman The Canyon Hffi Draft E' November 2006 was made available forte bhc review \3 Impact Report dated 10 2006 and closed on December 27 of 2006 City of Lake ElsmoreUsued two note s'of preparation in May of 2006 and one in June of 20O6 with a 30 day Ilte reviee od as required by CE QA Three comment le ,were received from Wildomar Incorporation Now commonly known as WIN on the May of b80.6 o N nouces were submitted for the June 2006 comment NegavN0tie 6 6-02 D g the review period 15 comment letters or �y °' emails o`�n the Draft EII�Lre rec /died by the leading agency relating to the accuracy of the V � environmen&l analysis coned uYthe Draft EIR report The public review comment period as well as the State agencies and organization responded, response provided 0' 1 additional possible within the Draft EIR report To that end General Plan Amendment No 2005 08 amended the Caty s General Land Use Map and changing the City's southern boundary Zone Change No 2005 9 changed the zoning project site to SP Specific Plan subject to the approval of Annexation No 75 by the Riverside County Local Agency Formation Commission commonly known as LAFCO On October 26 of 2006 Agendaltem No '_I Page -1 of /3 6 PAGE 23 PLANNING COMMISSION MINUTES - January 16 2007 LAFCO approved the boundary change byway of LAFCO 2006 105 1 and 3 amendment of the Sphere of Influence of the Qty of Lake Elsinore and removal from the Wildomar you ve seen The Draft EIR identified potential adverse impacts related to the implementation of this project but which would be mitigated to insufficient level by conditions unposed upon this project It has been determined unavoidable adverse impacts will result from implementation of this project but was outweighed by specific social economic and other benefits A statement of overriding consideration was prepared which eluded the public concerns on traffic and circulation as well as air aualitri have reviewed and considered the EIR in compliance with CEQA, State CEQA es and�t ie Qty's local'CEQA \ I� e� Guidelines I find all actions in the applicant s wilhngn� addressing both community and administrative concerns in comphan`ce with the re�idiaft environmental documents submitted before me, therefore it is my recornmend'au n based an the findings and exhibits and conditions of approval toproceed to QCruncil f` rq approval No further comments O'Neal /� Thank you er Flox Commissr er Mendoza �j yi Mendc>,jz a / j Thank you MraChauman Itotally concur with my fellow Chairman I mean my fellow Commissioners a���ere s been a lot a lot of work put into this Just looking at the Environmental Impac/ / port looking at all the other exhibits There s been a lot, a lot of work put into this I have one question for the gentlemen about the water If you could come up to the podium real quick please) Krout Yes sir Agenda Item No ;z ) Page 6 of 136 PAGE 24 PLANNING COMMISSION MINUTES - January 16, 2007 Mendoza If in fact that their well water is affected in any way is Trumark prepared to deal with that problem and resolve it for the residents outside the property line) I in not saying it s going to I m just saying if it does have an impact in it Krout yN I lust want to go back to lust one main point is that the wells 711ot be tapped for the project itself So m that effect, I m not really sure how,, uldn k, would assume I would have to defer to Trumark, but I believe that if t1lereva an imps t not caused by the project it would be hard to tell what would actua ybe the effect of that either there s a drop in water levels or so forth The project itself will not betouching the wells at all All water W. ✓ Tw will be delivered to the site and in maybe I guess increase water levels will o&ur N the aquifer below the wells so that may actual T we would not be or. th 'e orolecttiwould not be Mendoza Em to landscaplag watering and so forth wells a .ause you kn�w water seeps down into in certain effect In essence the wells at all saying nobody likes change We had a gentlemen up here talking about c �arher Nobody likes it but its inevitable It s going to happen Whether it hap "" toddy tonight, whether it happens five years from now It s � s/ going to happen read of°fighung the change you should come up with a modification to the change Say the s 1,000 homes going somewhere, instead of fighting it completely that you don t want 1 OOO homes you don t want change at all how about saying hey let s scale this back, lets move it back a little bit You re too close to my property line I m sure all the properly owners would be more sympathetic instead of you lust trying to shut them down Because property owners have rights too If they own a piece of propertythey have a right Agenda Item No 62/ Page -7 -� of / ?/ K PAGE 25 PLANNING QOMMISSION MINUTES - January 16 2007 to do something with that piece of property as long as it s legal If it s legal, they should no one else should complain about it I ve said this before and I ll continue to sayit because I never hear anyone come in here and say hey he s a property owner, he has a right to do it but I don t want him to do it All I hear is I don t want this going on we don t want this going on You know you have rights they have rights But the bottro line Is as long as it s legal, as long as everyone does their homework, as long as ourstaff continue to due �a o backbreaking work on research and they work well with whoever Never developer 10\�' comes in they really cant do anything about the charge All they can do' dify the change and they need to realize that Thank youA CChaum an O'Neal Thank you Vice Chair 1 Gonzales V I have I had this page open hg a on the stret /AWN gomg to be bring u ut apxndythey i them also because something hasp done as much as,*ey can with paifrof t So did rneett wiith two of the, -elopersiN my main concern that I was addressed and County is looking at streets even though they are doing that alone as we ve alreadytalked about it I and Adrian and my concern at that time was right NV in here at 304 was the water tanks I do not like water tanks at the top of a hill and theyve assured me these will not be so I need the ndgehne needs to be maintained so you don t see these big u ly ter tanks And I thank you for that The project is large _ left open I just hope when it s finished that this hill isn t tom up with bikes and so on It s a beautiful site there I ve been here for 40 some years Used to live in Wildomar until the freeway carne along but I like this Work on those roads we need to do something beyond that with the County because that is County land and Wildomar Thank you Agenda Item No 2— Page of 13t PAGE 26 PLANNING COMMISSION MINUTES -January 16, 2007 O'Neal Thank you We have a number of resolutions to consider Rolfe if you would start with the Draft EIR Preisendanz MOVED BY MENDOZA, SECONDED BY ZANELLI, AND PASSED BY A VOTE O 5.0 TO APPROVE A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE "ASINORE RECOMMENDING THAT THE qv Q&VCIL OF THE CITY OF LAKE ELSIN,ORE CERXIFY ENVIRONMENTAL IMPACT RkP6RT NO 200 b2 FOR THE CANYON HILLS ESTATES PROJECT Preisendanz MOVED BY ZANELLI, Sk "4N"DED BY MENDOZA AND PASSED BY A VOTE OF 5 0 TO APPROVE A RES( �' ON OF THE PLANNING COMMISSION OF TI TE Ci t7, �F LAKE ELSINORE, CALIFORNIA RECOMMEND.TO THE CITY COUNCIL OF THE CITXOOF i ELSINORE ADOPOIF FINDINGS THAT "THE PROJECT KNC�WRN AS�1 0N,%HILLS ESTATES IS STE CONSINTYITH THE WESTERN RIVERSIDE MULTIPLE,. SPEGIES_.HABI'IjAT CONSERVATION MOVED "Y 'GONZALES SECONDED BY ye[$APPROVE A RESOLUTION OF THE PLLANNINGG COMMIS / N OF THE CITY OF LAKE ELSINORE, CO' £ �r]A, RECOMMENDING TO THE CITY L APPROVAL OF GENERAL PLAN AMENDMENT NO 2006 -4 Preisendanz MOVED BY ZANELLI, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5 0 TO Agenda Item No _C�j_� Page D_ q __ of PAGE 27 PLANNING COMMISSION MINUTES - January 16 2007 Preisendanz O'Neal APPROVE A RESLOUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF SPECIFIC PLAN NO 2006 -01 MOVED BY MENDOZA, SECONDE� BY GONZALES, AND PASSED BY A VOTE�O' S TO APPROVE A RESOLUTION OF TH `t�NNING COMMISSION OF THE CITY OF LAKE E �� SORE, CALIFORNIA, RECOMMENDING TO T TY COUNCIL APPROVAL OF Ti*f!TIVE TkACT MAP NO 34249 ��� We ll take a two minute break and thetwe ll come back f6htem number 6 3 Agenda Item No 2/ Page_ 0 of 134 CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE JANUARY 16, 2007 PREPARED BY KIRT A COURY, PLANNING CONSULTANT PROJECT TITLE CANYON HILLS ESTATES DRAFT ENVIRONMENTAL IMPACT REPORT NO 2006 -02, GENERAL PLAN AMENDMENT NO 2006 -04, SPECIFIC PLAN NO 2006 -01 AND TENTATIVE TRACT MAP NO 34249 APPLICANT VICKI MATA, TRUMARK COMPANIES, 9911 IRVINE CENTER DRIVE, SUITE 150, IRVINE CA, 92618, JEREMY KROUT, RGP PLANNING & DEVELOPMENT SERVICES, 8921 RESEARCH DRIVE, IRVINE, CA 92618 OWNER VICKI MATA, TRUMARK COMPANIES, 9911 IRVINE CENTER DRIVE, SUITE 150, IRVINE CA, 92618 PROJECT REQUEST The request before the Planning Coninussion is for consideration of • Draft Environmental Impact Report No 2006 -02, and • General Plan Amendment (GPA) No 2006 04 to re- designate the Project Site from Very Low Density Residential (VLDR) and Mountainous (M) to Low Density Residential (LDR), and AGENDA ITEM No -,7) PAGE �_®F / ? i PLANNING COMMISSION STAFF REPORT JANUARY 16, 2007 PAGE 2 OF 12 • Specific Plan No 2006 01 — Adoption of the Canyon Hills Estates Specific Plan, and • Tract Map 34249 —to permit subdivision of the Project Site PROJECT LOCATION The 246 4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west (the Project Site ) Cottonwood Creek flows through the northeast corner of the Protect Site adjacent to Cottonwood Canyon Road The Project Site is accessible from Lost Road, Navaho Springs Road and Cottonwood Canyon Road (Exhibit A ) ENVIRONMENTAL SETTING The Project Site is bounded on the north by the existing Canyon Hills Specific Plan development, to the south by the Sedco Hills and very low density residential units along Crab Hollow Circle The project site is also bounded on the west by very low density residential units along Crooked Arrow Drive and Navaho Springs Road and on the east by very low density residential units with access from Pine Street east of Cottonwood Creek i t EXISTING" ZONING"" �` GENERAL+PLAN � LAND USE d' r ti Protect Single Specific Plan (City of Very Low Density Site Family Lake Elsinore SOI) Residential and Residential & Rural Mountainous Vacant (City of Lake Elsinore SOI North Single- and Single Family 2 (2 to 4 Specific Plan Multifamily du/ac) Single Farmly 3 (4 Residential to 8 du/ac), Multi Family 1 (8 to 15 du/ac) and Multi- Fammly 2 (15 to 24 du/ac) (Canyon Hills Specific Plan South Single Residential A culture Rural Mountamous and AGENDA ITEM NO PAGE PLANNING COMMISSION STAFF REPORT JANUARY 16, 2007 PAGE 3 OF 12 PROJECT BACKGROUND As the Planning Commission is aware, the project was continued from the December 19, 2006 Planning Commission meeting to the January 19, 2007 meeting The continuance was requested to allow the environmental noticing period for the Draft Environmental Impact Report to close on December 27, 2006 It should be noted that since the Planning Commission is the recommending body, and not the approving body, the project could have proceeded forward as originally scheduled without any violation or compromise of the California Environmental Quality Act (CEQA) However, due to the nature of the comments staff was receiving relating to the project, staff felt it was prudent to continue the item until after the environmental noticing period was complete, hence the scheduled meeting on January 16, 2007 At the close of the environmental noticing period, staff has received fifteen (15) comment letters (Exhibit F ) In addition, staff has provided responses to the comment letters received (Exhibit G ") In October 2005, the property owners of the Project Site filed an application with the City of Lake Elsinore requesting that their property be annexed into the City The annexation request was based primarily upon the fact that any future development of the Project Site could be most efficiently and effectively served by the public facilities of the Canyon Hills Estates community of Lake Elsinore In addition the "Project Site has long been associated with the City of Lake Elsinore as it was once a part of the City's Sphere of Influence LAFCO removed the Project Site and other areas from the City's Sphere of Influence (SOI) in 1997 and added the territory to the Wildomar /Sedco Hills Unincorporated AGENDA ITEM NO PAGE_L.�_OF 13 6 Family Residential Rural Residential, and Residential one -acre Coun of Riverside Rural Residential (County of Riverside) East Single Residential one -acre Low Density Residential Family (County of Riverside) (County of Riverside) Residential West Single Residential Agriculture, Rural Mountainous and Family Rural Residential, and Rural Residential (County Residential Residential one acre of Riverside) Coun of Riverside) PROJECT BACKGROUND As the Planning Commission is aware, the project was continued from the December 19, 2006 Planning Commission meeting to the January 19, 2007 meeting The continuance was requested to allow the environmental noticing period for the Draft Environmental Impact Report to close on December 27, 2006 It should be noted that since the Planning Commission is the recommending body, and not the approving body, the project could have proceeded forward as originally scheduled without any violation or compromise of the California Environmental Quality Act (CEQA) However, due to the nature of the comments staff was receiving relating to the project, staff felt it was prudent to continue the item until after the environmental noticing period was complete, hence the scheduled meeting on January 16, 2007 At the close of the environmental noticing period, staff has received fifteen (15) comment letters (Exhibit F ) In addition, staff has provided responses to the comment letters received (Exhibit G ") In October 2005, the property owners of the Project Site filed an application with the City of Lake Elsinore requesting that their property be annexed into the City The annexation request was based primarily upon the fact that any future development of the Project Site could be most efficiently and effectively served by the public facilities of the Canyon Hills Estates community of Lake Elsinore In addition the "Project Site has long been associated with the City of Lake Elsinore as it was once a part of the City's Sphere of Influence LAFCO removed the Project Site and other areas from the City's Sphere of Influence (SOI) in 1997 and added the territory to the Wildomar /Sedco Hills Unincorporated AGENDA ITEM NO PAGE_L.�_OF 13 6 PLANNING COMMISSION STAFF REPORT JANUARY 16, 2007 PAGE 4 OF 12 Community (UC) Annexation of the Project Site into the City of Lake Elsinore would lead to logical growth and provision of services To that end, on April 11, 2006, the City of Lake Elsinore City Council approved the following entitlements and commenced annexation proceedings for the Project Site 1 General Plan Amendment (GPA) No 2005 08, which amended the City s General Plan Land Use Map to change the City s southern boundary to incorporate the Project Site, and 2 Zone Change (Pre Zone) No 2005 09, which changed the zoning designation of the Project Site to SP Specific Plan subject to the completion/approval of Annexation No 75 by the Riverside County Local Agency Formation Commission ( LAFCO), and 3 Annexation No 75, which approved the commencement of proceedings for the SOI and annexation boundary change through LAFCO pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000 and 4 Negative Declaration No 2006 02, which concluded that GPA No 2005 08 Zone Change (Pre -Zone) No 2005 09, and Annexation No 75 would result in no significant environmental impacts After the City Council adopted its resolution commencing annexation proceedings, Staff submitted an application to LAFCO for an amendment to the City's Sphere of Influence/boundary to include the Project Site On October 26, 2006, LAFCO approved the boundary change by way of LAFCO 2006 -105 1 & 3 — Amendment to Sphere of Influence of the City of Lake Elsinore (Addition) and Removal from the Wildomar UC PROJECT DESCRIPTION GENERAL PLAN AMENDMENT NO 2006 -04 General Plan Amendment No 2006 04 will change the City of Lake Elsinore's General Plan designation for the Project Site from Very Low Density Residential and Mountainous to Low Density Residential (Exhibit `B ) The Low Density Residential designation will allow the development of up to 738 dwelling units AGENDA ITEM NO PAGE PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 5 OF 12 (DU) at a density of three (3) DU /acre Despite the foregoing General Plan designation, the proposed Specific Plan and Tentative Tract Map will lnnit the total number of dwelling units to 302 DU or 123 DU /ac SPECIFIC PLAN NO 2006 -01 The purpose of the Canyon Hills Estates Specific Plan (Exhibit "D ) is to provide for the orderly and efficient development of the Project Site Canyon Hills Estates will be a planned residential community containing a maximum of 302 DU with a public park and open space areas integrated into the protect design Canyon Hills Estates is designed to conform to the topography of the site and to appear as an extension of the existing Canyon Hills development immediately to the north Extending the Canyon Hills Estates Specific Plan to cover the proposed Project Site is logical from a planning perspective because the Project Site slopes downward from south to north, with the northern portion of the site approximately at the same elevation as the Canyon Hills Estates development, and the existing infrastructure improvements (roads, water, sewer and dry utilities) and community services (retail and service commercial, parks and schools) which abut the Project Site provide the most logical connection The Canyon Hills Estates Specific Plan divides the Project Site into three (3) basic land use categories Residential, Public Park and Open Space The Residential category has two subcategories Single Family Residential -1 (SF 1) and Single Family Residential 2 (SF -2) Design guidelines are contained in Chapter 5 of the Canyon Hills Estates Specific Plan The Design Guidelines provide an added level of definition for the Plan s design objectives and the intended development character The Specific Plan's principal design objective is to utilize a comprehensive, high quality community design approach addressing both community level design elements (streetscapes, entries, parks /open space) and individual lot design elements (siting, architecture) The design guidelines are intended to provide criteria for design, while allowing flexibility for architects landscape architects developers, and builders in the implementation of the Specific Plan Single Family Residential 1 (SF 1) Approximately 33 2 percent (33 2 %) of the Project Site , the majority of the development area, is designated as Single Family Residential -1 (SF 1) The SF -1 AGENDA ITEM NO PAGE_ZE_OF %? 6 PLANNING COMMISSION STAFF REPORT JANUARY 16, 2007 PAGE 6 OF 12 area will contain a maximum yield of 238 single family detached dwelling units The residential products planned for this area are detached homes of one and two stones on a nux of lot sizes ranging from a minimum of 7,200 square feet to over 20,000 square feet The largest lot sizes are located on the southwesterly and southerly portions of the "Project Site" Single Family Residential 2 (SF 2) Approximately 9 4 acres of the northeasterly portion of the Project Site adjacent to Cottonwood Canyon Road are designated Single Fanuly Residential -2 (SF 2) The SF 2 use comprises approximately 3 8 percent of the total "Project Site SF 2 will contain a maximum yield of 64 dwelling units Residential products may be made up of detached homes on compact lots or other similar residential products The proposed location of the SF 2 area in Canyon Hills Estates is reflective of the adjacent existing and planned higher density residential community to the north in Canyon Hills and the SF 2 area s proximity to the planned public park and mayor circulation routes Public Park The public park designation has been assigned to 5 4 acres, or approximately 2 2 percent (2 2 %), of the `Protect Site The park facility is located in the northeast corner of the "Project Site" The park will be the focal point for neighborhood interaction and a natural and aesthetically pleasing gateway feature for the Canyon Hills Estates development The park concept will preserve and enhance the oak woodland and riparian character of the Cottonwood Creek corridor which passes through the park area while blending in active and passive park facilities The Public Park will have public street frontage along Cottonwood Canyon Road which facilitates visibility and access On- street parking for the park will be permitted on Cottonwood Canyon Road The public park will include active and passive park facilities that will be constructed to City standards Facilities may include but are not limited to, a tot lot and cluldren s play areas, picnic tables and barbeques, turf play areas a half basketball court pedestrian paths and passive areas Open Space Approximately 149 9 acres, or 60 8 percent, of the Protect Site have been devoted to open space The open space stretches east to west through the central portion of the Protect Site This area will provide a natural appearing visual backdrop to the lower residential development area and the community of Canyon Hills AGENDA ITEPA NO�_ PAGE_Z_�_OF f36 PLANNING COMMISSION STAFF REPORT JANUARY 16, 2007 PAGE 7 OF 12 TENTATIVE TRACT MAP NO 34249 Exhibit "C shows how the Project Site will be subdivided The design of the subdivision and density of 123 dwelling units per acre are consistent with the proposed General Plan designations of Low Density Residential, which accommodates residential development of up to three (3) dwelling units per acre A Design Review Approval is not being considered at this time, therefore, home designs and specific home configurations on lots will be reviewed by the Planning Commission once a Design Review Permit application is submitted The Tentative Tract Map encompasses the entire detached single family residential area The following describes the proposed Tentative Tract Map 1 Proposed Lots The Tentative Tract Map proposes 317 total lots as follows • 302 single - faintly detached residential lots within the Canyon Hills Estates Specific Plan • Twelve (12) lettered lots for open space • Two (2) lettered lots for water tank sites It should be noted that the water tank sites are designated at specific site locations as a requirement of the appropriate water district to allow for usable water pressure and proper fire safety water flows Any attempt to deviate from the appointed locations could disrupt designated water flow requirements and impact such agency standards Please note that condition number four (4) of the conditions of approval requires that the applicant to provide landscape screening of the on -site water tanks to mitigate the aesthetics appearance of the identified tanks • One (1) lettered lot for a public park 2 Proposed Lot Size The proposed lot sizes will range from 3,000 to 28 931 square feet with an average lot size of 9,219 square feet 3 Proposed Roadway and Circulation Improvements The general layout and design standards for streets allow the Canyon Hills Estates community to safely meet the circulation needs of the residents and users of the Project Site The circulation concept consists of an internal street system supporting the land use allocations in the Specific Plan with connections to surrounding vehicular access streets and pedestrian linkages within the project area Vehicular street access to the Project Site is provided by Cottonwood Canyon AGENDA ITEM NO PACE 7 _OP_ PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 8 OF 12 Road on the north, and Lost Road via Navajo Springs Road on the west Due to its proxumty to Canyon Hills Road, the entrance on Cottonwood Canyon Road is considered the Canyon Hills Estates community s primary access The system meets the primary and secondary access requirements of the Riverside County Fire Department A description of current planned road improvements is as follows • Cottonwood Canyon Road Cottonwood Canyon Road will have a 48 foot pavement section with one 12 -foot travel lane in each direction and 12 foot auxiliary lanes on both sides within a total nght -of -way of 70 feet This configuration conforms to the existing improvements to the north of the Project Site in the Canyon Hills development • Lost Road Lost Road south of Canyon Hills is currently a two lane dirt road As a part of the project s access improvements, Lost Road, from its intersection with Navajo Springs Road northerly to the existing Lost Road improvements in the Canyon Hills development, will be enhanced to a 36 foot pavement section, including 2 foot shoulders where possible with a 4 foot sidewalk within the existing right -of -way This road section is designed to accommodate project traffic and bring a significant access improvement to the surrounding area • Navajo Springs Road Navajo Springs Road is an existing unimproved public local street abutting the west side of the Project Site, and provides a vehicular connection from the project to Lost Road The subdivider of Tract Map No 2910 containing the majority of Navajo Springs Road made an irrevocable offer of dedication of Navajo Springs Road to the County of Riverside for public use for street purposes Pursuant to its standard procedures, the County has not yet accepted tlus irrevocable offer of dedication because Navajo Springs Road has not yet been improved to County specifications On May 26, 2006, an application to vacate the offer of dedication was submitted to the County of Riverside Transportation Department The County may only grant the proposed vacation if it finds that Navajo Springs Road is `unnecessary for present or prospective public use (Streets & Highway Code, § 8324 Riverside County Resolution No 85 330) The Riverside County Fire Department has already recommended that the County deny the proposed vacation Should the Riverside County Transportation Department deny the proposed vacation of the offer of dedication on Navajo Springs Road, it is expected that the County will AGENDA ITEM NO :)-).- PAcE —YA' OF 1-U PLANNING COMMISSION STAFF REPORT JANUARY 16, 2007 PAGE 9 OF 12 accept the "offer of dedication once Navaho Springs Road is improved This existing connector will have its existing road section enhanced to 24 feet, including 2 -foot shoulders where possible, providing one travel lane in each direction with a 4 foot sidewalk 4 Local Streets Internal local streets serving the overall Project Site, excluding the Private Local Streets of the SF 2 area, will be designed to minimize through traffic within neighborhoods but will provide an indirect connection through the project from Cottonwood Canyon Road on the east to Navaho Springs Road and Lost Road on the west They will also provide internal linkages for Canyon Hills Estates residents, and provide access to the park recreation/open space amenities These local internal streets will have a special modified section with an expanded parkway on one side to facilitate a public trail system throughout the project Design standards for Local Streets are described as follows • Local Streets will have a 40 foot pavement section with one 12 foot travel lane in each direction and parking on both sides within a total right -of -way of 60 feet • The pavement section will be offset within the right of way to provide a 17- foot expanded parkway on one side, which will accommodate the 8 foot public trail with native landscaping 5 Private Local Streets The SF 2 area will be serviced by an internal street system consisting of Private Local Streets ", which will connect directly to the overall Canyon Hills Estates community's primary access to Cottonwood Canyon Road Private Local Streets will have a 46 foot design nght -of way to ensure safe and adequate mobility to community residents, visitors and emergency personnel Curb adjacent sidewalks will also be provided along the Private Local Streets 6 Emergency Access An Emergency Access Road (intended for emergency personnel only) with a 24 foot right-of-way is planned at the southern site boundary within the public right-of way off Turtle Creek Road From the southern property line, the access road will extend approximately 170 feet north to the J Street terminus The access road improvements will not connect to Crab Hollow Circle as the road is intended to provide only emergency vehicle access to the southern boundary of the Protect Site AGENDA ITEM N0 -2)_ PAGE _pF PLANNING COMMISSION STAFF REPORT JANUARY 16, 2007 PAGE 10 OF 12 7 Non - Vehicular Circulation System The Specific Plan includes a non vehicular circulation system composed of an 8 -foot public trail within a 17 -foot expanded parkway along one side of the internal local streets In addition to these local street trails, there will be Class 2 on street bicycle lanes along Cottonwood Canyon Road that will provide connections to both the north and south ANALYSIS The Canyon Hills Estates Specific Plan is consistent with the City s General Plan and pre - existing development adjacent to the Project Site The Low Density Residential designation in combination with the Specific Plan zoning provides an opportunity to cluster development and create a significant open space area that other General Plan designations would not facilitate By f inctionmg as a regulatory document, the Canyon Hills Estates Specific Plan provides a means of implementing the City's General Plan through implementation of particularized land use provisions, development regulations and design guidelines The proposed project does not result in cumulative impacts to land use and planning for other land in the project vicinity Canyon Hills to the north is an existing community which has been developed pursuant to a Specific Plan The Project Site is oriented to Canyon Hills to the north Existing commercial, institutional, and schools are closer to the north and accessible via paved improved roads The project, as proposed, will compliment the existing and proposed development in the surrounding area ENVIRONMENTAL DETERMINATION According to the State CEQA Guidelines, "the EIR process starts with the decision to prepare an EIR (14 C C R § 15081 ) At the conclusion of the initial study of the proposed project, it was deterrmned that there was substantial evidence that the project may have a significant effect on the environment To that end, a draft environmental impact report (DEIR) was prepared Even though the DEIR concluded that unavoidable adverse impacts related to air quality (only short term impacts during construction) and traffic (cumulative impacts post 2025 that would occur in the future with or without the project) would result with the proposed applications, a Statement of Overriding AGENDA ITEM N0 -2)_ PAGE `ID _OF I3� PLANNING COMMISSION STAFF REPORT JANUARY 16, 2007 PAGE 11 OF 12 Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines, which "balances the proposed project against this unavoidable environmental effect The CEQA Guidelines require that a DEIR, which is submitted to the State Clearinghouse for review by state agencies, be circulated for public review for a nummum of 45 days (14 C C R § 15105 ) Accordingly, the public review period for the proposed project began on November 13, 2006 and closed on December 27, 2006 Staff prepared responses to all comments received, which are identified as Exhibit "F RECOMMENDATION It is recommended that the Planning Commission adopt the following Resolutions 1 Resolution No 2007 -_ recommending to the City Council certification of Environmental Impact Report No 2006 02 2 Resolution No 2007 recommending to the City Council adoption of MSHCP Consistency Findings 3 Resolution No 2007 -_ recommending to the City Council approval of General Plan Amendment No 2006 04 4 Resolution No 2007 -_ recommending to the City Council adoption of Canyon Hills Specific Plan No 2006 01 5 Resolution No 2007 — recommending to the City Council approval of Tentative Tract Map No 34249 This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report AGENDA ITEM NO_ �21___ PAGE_1�_OF 1-31b PLANNING COMMISSION STAFF REPORT JANUARY 169 2007 PAGE 12 OF 12 PREPARED BY KIRT A COURY, PROJECT PLANNER APPROVED BY ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1 Resolution No 2007 -_ recommending to the City Council certification of Environmental Impact Report No 2006 -02 2 Resolution No 2007 - making Findings that the Project is consistent with the Multi Species Habitat Conservation Plan (MSHCP) 3 Resolution No 2007 -_ recommending to the City Council approval of General Plan Amendment No 2006 04 4 Resolution No 2007 — recommending to the City Council adoption of Canyon Hills Specific Plan No 2006 -01 5 Resolution No 2007 — recommending to the City Council approval of Tentative Tract Map No 34249 6 Conditions of Approval 7 Exhibits A Location Map B General Plan Amendment No 2006 -04 Land Use Map "C Tentative Tract Map 34249 D" Specific Plan No 2006 -01 E Comment letters relating to the project F Response to comment letters G Draft Environmental Impact Report No 2006 02 AGENDA ITEM NO -21 PAGI:__J-L-OF 1-,Z - RESOLUTION NO 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFY ENVIRONMENTAL IMPACT REPORT NO 2006 -02 FOR THE CANYON HILLS ESTATES PROJECT WHEREAS, the Vicki Mata, Trumark Companies has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No 2006 04 Specific Plan No 2006 -01, and Tentative Tract Map No 34249 for the protect identified as the Canyon Hills Estates Specific Plan (the Project ) and WHEREAS, the City of Lake Elsinore (the City ) has caused an Environmental Impact Report (State Clearinghouse No 2006051073 the EIR ) to be prepared on the Protect pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq CEQA "), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations Sections 15000, et seq the State CEQA Guidelines ) and the City s procedures relating to environmental evaluation of public and private projects, and WHEREAS, the City transmitted for filing a Notice of Completion of the Draft EIR and thereafter, in accordance with the State CEQA Guidelines forwarded the Draft EIR to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines and WHEREAS, pursuant to CEQA Guidelines Section 15082(c)(1) on October 5 2006 the City held a duly noticed scopmg meeting in order to expedite consultation regarding the scope and content of the environmental information in the Draft EIR and WHEREAS, all actions required to be taken by applicable law related to the preparation circulation and review of the Draft EIR have been taken and AGENDA ITEM NO PACE S ®r 3 PLANNING COMMISSION RESOLUTION NO 2007 -_ PAGE 2 OF 9 WHEREAS the Draft EIR prepared for the Project was sent to the Planning Commission and the Planning Commission held a public hearing to receive public input on the adequacy of the Draft EIR on January 16 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 Draft EIR Section 2 The Planning Commission hereby recommends to the City Council that the EIR for the Project is adequate and has been completed in compliance with CEQA the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto, the Planning Commission has reviewed and considered the information contained in the Draft EIR and finds that the Draft EIR represents the independent judgment of the City Section 3 The Planning Commission hereby makes, adopts and incorporates herein as its findings of fact regarding the potential environmental impacts of the Project, the analysis and conclusions set forth in the Draft EIR (including without limitation, the mitigation measures therein set forth), the following summarizes those conclusions a The Initial Study and the Draft EIR determined that impacts related to the implementation of the Project would be less than significant without mitigation for agricultural resources, land use, mineral resources, population/housing, and recreation b The Draft EIR identified potentially significant adverse impacts related to the implementation of the Project but which will be mitigated to an insignificant level by conditions imposed upon the Project, in the areas of aesthetics air quality biological resources cultural resources hazards and hazardous materials and noise The type of impact for which mitigation was designed and the associated mitigation measures are identified in Section 3 1 Environmental Analysts of the Draft EIR, and are summarized in the Executive Summary of the Draft EIR c All feasible mitigation measures, which are within the jurisdiction of the City, as identified in the Draft EIR have been incorporated into the Project and AGENDA ITEM NO -V PACE` _OF!3 � PLANNING COMMISSION RESOLUTION NO 2007-_ PAGE 3 OF 9 represent the fullest extent to which the Project- related impacts can be reasonably avoided and/or substantially lessened d The Draft EIR did not identify alternatives to the Protect which would reduce environmental impacts while still substantially achieving the Projects objectives, and the proposed Protect was determined to be the environmentally superior alternative e The proposed Project and associated discretionary approvals will result in significant unavoidable impacts to short-term (construction- related) air quality associated with localized PM10 and PM25 near -term (2010), and future (2025) traffic Pursuant to State CEQA Guidelines Section 15093, the City Council has determined that the unavoidable adverse impacts that will result from project implementation are acceptable and outweighed by specific social, economic and other benefits of the project Therefore, a Statement of Overriding Considerations has been prepared and is attached hereto as Exhibit A and incorporated herein Section 4 A mitigation monitoring program for the Project has been prepared in accordance with Section 210816 of CEQA and the Planning Commission hereby recommends that the City Council adopt the mitigation monitoring program AGENDA ITEi 9 NO PAGE_,S OF HL PLANNING COMMISSION RESOLUTION NO 2007 -_ PAGE 4 OF 9 PASSED, APPROVED AND ADOPTED this 16th day of January, 2007, by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS ATTEST Rolfe M Preisendanz Director of Community Development Michael O Neal, Chairman City of Lake Elsinore AGENDA ITEM No Z� PAGE "EXHIBIT A" STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project The Final Environmental Impact Report (EIR) for the Canyon Hills Estates Specific Plan has identified and discussed significant effects that may occur as a result of the Project With the implementation of the mitigation measures discussed in the EIR these effects can be mitigated to a level of less than significant except for unavoidable significant impacts as discussed in Section III of the Findings The City of Lake Elsinore has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Specific Plan Impacts, in these and all other cases have been mitigated to the extent considered feasible All significant adverse impacts are identified in the Final EIR and are addressed in the Findings, which accompany this Statement of Overriding Considerations The Project will result in the following significant impacts that cannot be mitigated to less than significant levels 1 Traffic and Circulation Year 2010 Transportation Improvements The Project will participate in the Transportation Impact Fee (TIF) and Transportation Uniform Mitigation Fee (TUMF) transportation improvement programs, however the possibility exists that some of the necessary Year 2010 intersection improvements might not be constructed by 2010 As such a significant impact could remain after Project mitigation (fee payment) and until the improvements are constructed Year 2025 Transportation Improvements The Project will contribute incrementally (from <1 % to approximately 6 3% of total trips) to cumulative level of service deficiencies at five study area intersections in Year 2025 The Project cannot feasibly mitigate its share of those future cumulative impacts because those intersections are not AGENDA ITEM NO -._„ PmE 77 oF /A PLANNING COMMISSION RESOLUTION NO 2007-_ PAGE 6 OF 9 scheduled for improvements under a City or County fair -share funding and implementation program 2 Air Quality Localized Significance Thresholds Even with the use of all feasible mitigation the Project will result in short term (protect construction- related) air quality impacts associated with localized PM10 and PM25 levels adjacent to residences in the existing Canyon Hills community Pursuant to State CEQA Guidelines Section 15093 the City must balance the benefits of the Project against any unavoidable environmental impacts in determining whether to approve the Project If the benefits of the Specific Plan outweigh the unavoidable adverse environmental impacts those impacts may be considered acceptable The City has determined that the unavoidable adverse impacts that will result from Project implementation are acceptable and outweighed by specific social, economic and other benefits of the Protect In making this determination the factors and public benefits specified below were considered The City further finds that except for the Specific Plan all other alternatives set forth in the EIR are infeasible because they would prohibit the realization of Specific Plan objectives and /or of specific economic social and other benefits that this City finds outweigh any environmental benefits of the alternatives Having reduced the adverse significant environmental effects of the Specific Plan to the extent feasible by adopting the proposed mitigation measures having considered the entire administrative record on the Specific Plan, and having weighed the benefits of the Specific Plan against its unavoidable adverse impacts after mitigation the City has determined that the following social economic and environmental benefits of the Specific Plan outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations AGENDA ITEM NO �/ PAGE OF 13 PLANNING COMMISSION RESOLUTION NO 2007-. PAGE 7 OF 9 Environmental Benefits of the Project • The Open Space conservation easements will benefit biological resources through preservation of approximately 126 acres of natural hillside and riparian areas in perpetuity and designation of an additional 24 acres of open space (Draft EIR, p 3 8 17) • The Open Space conservation easements will benefit the City by contributing to the City s overall conservation acreage under the MSHCP program (Draft EIR, p 3 8 27) • The Project will benefit biological resources and provide quality Ripanan/Rivenne habitat through the enhancement of Cottonwood Creek and existing riparian oak woodland, including the removal invasive non native plant species and revegetation with appropriate native species (Draft EIR p 3 8 35) • The Project will enhance the value of Cottonwood Creek as a wildlife movement corridor extending beyond the Project Site via a 155 3 acre open space and park plan (Draft EIR, pp 2 -8 — 2 11 3 8 35) • The Project will eliminate existing erosion conditions that have compromised the structural facilities and have caused siltation and temporary capacity reductions in the existing debns /detention basin in Tract 30492 (Draft EIR pp 3 7 19, 3 7 -24) • The Protect will provide water quality and flood control benefits by reducing and detaining some of the existing storm flows passing through the Project Site much of which originates from existing and developing residential properties upstream in the study area watershed (Draft EIR, p 3 7 32) • Through expanded detention/water quality basin design the Project will negate more than its incremental share of runoff volumes by releasing stormwater from the Project Site at rates that are below the 100 -year storm flow capacities of downstream storm drains in the Canyon Hills development (Draft EIR pp 3 7 19 3 7 -32) Social Benefits of the Project • The Project will improve local traffic circulation and emergency vehicle access to the Protect Site and surrounding properties through AGENDA ITEM NO ;-/_ PACE .21Y---oF 13 4 PLANNING COMMISSION RESOLUTION NO 2007 - PAGE 8 OF 9 the proposed road improvements (Draft EIR p 2 -11, 2 -15 — 2 -16 39 3) • The Project will remove a potential health risk through demolition and clean up of debris including possible asbestos - containing materials and lead -based paints (Draft EIR, p 3 9 -7 — 3 9 8) • The Project will benefit the community as a whole by removing the potential for illegal dumping trespass and other activities (Draft EIR, p 3 2 22) • The Project will provide recreational opportunities for City residents and visitors including a 5 4 acre park (Draft EIR, p 2 -8 — 2 11) • The Project will provide an emergency access road that will promote emergency response and accessibility not only for the Protect Site but also for the adjacent residential areas in the County of Riverside to the south which are currently accessible only by unimproved roads (Draft EIR, p 3 9 3) The Project will provide trails and bikeways including a special modified roadway section with an expanded eight foot parkway on one side to facilitate a public trail system throughout the project (Draft EIR p 2 15) The Project has prepared a Fire Protection Plan that will reduce wildfire risk in the general vicinity of the Project site (Draft EIR p 3 13 -7) Economic Benefits of the Project • The Project is expected to be built out by 2010 providing steady construction fobs over the construction period • The Project will contribute fees toward traffic improvements school facilities park facilities fire services police services, water facilities and sewer facilities • The payment of parkland mitigation fees will benefit the City s park programs (Draft EIR p 3 13 -13) The City has determined that the foregoing benefits provided to the public through approval and implementation of the Specific Plan outweigh the AGENDA ITEM NO PAGE/ 00 0 "r U6 PLANNING COMMISSION RESOLUTION NO 2007 - PAGE 9 OF 9 identified significant adverse environmental impacts of the Specific Plan, which cannot be mitigated The City finds that each of the Specific Plan benefits outweighs the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable AGENDA ITEM N®. 21_ PAGE 4 3 L RESOLUTION NO 2007- A 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 FINDINGS THAT THE PROJECT KNOWN AS CANYON HILLS ESTATES IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, Vicki Mata Trumark Companies has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No 2006 -04, Specific Plan No 2006 01, and Tentative Tract Map No 34249 for the project identified as the Canyon Hills Estates Specific Plan (the Project ) and WHEREAS, the 246 4 acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road (the Project Site ) and WHEREAS Section 6 0 of the Western Riverside Multiple Species Habitat Conservation Plan (the MSHCP ) requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives, and WHEREAS action taken by the Planning Commission and City Council with regard to general plan amendment specific plan and tentative tract map applications are discretionary actions subject to the MSHCP and WHEREAS, pursuant to the California Environmental Quality Act (Cal Pub Res Code §§ 21000 et seq CEQA ) and the CEQA Guidelines (14 C C R §§ 15000 et seq ) a draft environmental impact report was prepared for the project, circulated for public review for a period of 45 days and was accompanied by a Statement of Overriding Considerations, and WHEREAS, public notice of the Project 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 January 16 2007 AGENDA ITEM NO - J/ PAGr_1 a 2- oF L PLANNING COMMISSION RESOLUTION NO 2007 -_ PAGE 2 OF 5 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 Projects consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP SECTION 2 That in accordance with the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings 1 The Project is a project under the City s MSHCP Implementing Resolution and the City must make an MSHCP Consistency finding before approving the Project Pursuant to the City s MSHCP Implementing Resolution prior to approving any discretionary entitlement the City is required to review the project to ensure consistency with the MSHCP criteria and other Plan Wide Requirements The Project as proposed was found to be consistent with the MSHCP criteria In addition the Project was reviewed and found consistent with the following Plan Wide Requirements Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 61 2) Protection of Narrow Endemic Species (MSHCP § 613) Urban/Wildlands Interface Guidelines (MSHCP § 6 1 4) Vegetation Mapping (MSHCP § 6 3 1) Additional Survey Needs and Procedures (MSHCP § 6 3 2) Fuels Management (MSHCP § 6 4) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4 0) 2 The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County s Joint Project Review processes The Project Site is within the Elsinore Area Plan but the site is not within a Criteria Cell A LEAP was processed but because the Project Site is not within a Criteria Cell the Project is not subject to LEAP and a Joint Project Review with the RCA was not required 3 The Project is consistent with the Ripanan/Rivenne Areas and Vernal Pools Guidelines AGENDA ITEM NO 0 PAGEj43,-_oF /3t; PLANNING COMMISSION RESOLUTION NO 2007-_ PAGE 3 OF 5 Section 612 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species All potential impacts to riparian /riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP) The Project Site does not have vernal pools The Project is therefore consistent with Section 61 2 of the MSHCP 4 The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines The Project is not located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6 13 of the MSHCP Therefore the provisions of Section 61 3 are not applicable to the Project 5 The Project is consistent with the Additional Survey Needs and Procedures The Project is located within the Burrowing Owl survey area as identified in Section 6 3 2 Additional Survey Need and Procedures of the MSHCP Five surveys were conducted on the entire site The results of the surveys indicated that no Burrowing Owls occupied the Project site However the Project will be required to conduct a pre - construction survey 30 days prior to the commencement of grading As such the Project is consistent with Section 6 3 2 of the MSHCP 6 The Project is consistent with the Urban/Wildlands Interface Guidelines The Project Site is not within an MSHCP Criteria Cell However Cell 4951 is south of the Project Site A number of Project design features have been included to address edge effects beyond the limits of grading at the urban /wildlands interface that are consistent with the guidelines of Section 61 4 of the MSHCP Therefore the Project is consistent with Section 61 4 of the MSHCP 7 The Project is consistent with the Vegetation Mapping requirements The Project site is not within a MSHCP Criteria Cell Additionally the site is not within the Narrow Endemic Plant Species Survey Area therefore no Narrow Endemic Plant surveys were required However plant communities were mapped and sensitive plant species not adequately conserved or covered by the MSHCP ACEPIDA ITEM 140 .2J PAGE /D Si OF 13t PLANNING COMMISSION RESOLUTION NO 2007-_ PAGE 4 OF 5 were surveyed These species include Parry s spineJlower Plummer s mariposa lily chaparral sand verbena and Coulter s matilya poppy Surveys and mapping were conducted pursuant to MSHCP requirements therefore the Project is consistent with the MSHCP Section 6 3 1 Vegetation Mapping requirements 8 The Project is consistent with the Fuels Management Guidelines The Fuels Management Guidelines presented in Section 6 4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area The Project Site is not in a Criteria Cell and is therefore not a Conservation Area Criteria Cell 4951 is south of the Protect Site but the proposed fuels management as part of the Project do not encroach into Cell 4951 Therefore the Project is consistent with the Fuels Management Guidelines 9 The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee As a condition of approval the Project will be required to pay the City s MSHCP Local Development Mitigation Fee at the time of issuance of building permits 10 The Project is consistent with the MSHCP For the foregoing reasons the Project is consistent with the MSHCP SECTION 3 This Resolution shall take effect from and after the date of its passage and adoption AGENDA ITEM No 21 PAGE �G OF l3 6 PLANNING COMMISSION RESOLUTION NO 2007-_ PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 16th day of January 2007, by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS ATTEST Rolfe M Preisendanz Director of Community Development Michael O Neal Chairman Lake Elsinore Planning Commission AGENDA IMM NO PACEJOF % RESOLUTION NO 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO 2006 -04 WHEREAS, Vicki Mata Trumark Companies has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No 2006 04 for the project identified as the Canyon Hills Estates Specific Plan (the Project "), and WHEREAS, the 246 4 acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north Pine Avenue to the east Crooked Arrow Drive and Crab Hollow Circle to the south and west Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road (the "Project Site ) and WHEREAS, on November 27, 1990, the City of Lake Elsinore City Council approved the current version of the Lake Elsinore General Plan and WHEREAS, Government Code Section 65300 requires each city prepare and adopt a comprehensive, long term general plan for the physical development of the City and any land outside the City s boundaries which in the City s judgment bear relation to the City s planning and WHEREAS, the 1990 Lake Elsinore General Plan Land Use Map" Figure designates the Project Site as Very Low Density Residential and Mountainous, and WHEREAS, on April 11, 2006 the City Council entertained a request by Trumark Companies to commence annexation proceedings for the Project Site and WHEREAS, one of the entitlements which the City Council approved on April 11, 2006 as part of the annexation package was General Plan Amendment (GPA) No 2005 -08 which amended the City's General Plan Land Use Map to change the City s southern boundary and sphere of influence to incorporate the Project Site and WHEREAS, after receiving City Council approval for the commencement of annexation proceedings the applicant filed an application for a sphere of AGENDA ITEM NO � -- PAcE/ 0 i 0� PLANNING COMMISSION RESOLUTION NO 2007 - PAGE 2 OF 5 influence change and annexation request with the Riverside Local Agency Formation Commission ( "LAFCO'), and WHEREAS, on October 26 2006 LAFCO approved the sphere of influence request by way of LAFCO Resolution 2006 105 -1 &3 which added the Project Site to the City of Lake Elsinore s Sphere of Influence and removed the Project Site from the Wildomar Unincorporated Community (UC), and WHEREAS pursuant to Section 17 80 010 of the City of Lake Elsinore Municipal Code, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approval of General Plan Amendments, and WHEREAS, public notice of the Project 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 January 16, 2007 NOW THEREFORE THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 Prior to making a recommendation to the City Council the Planning Commission has reviewed and analyzed the General Plan Amendment pursuant to the State Planning and Zoning Laws (Cal Gov Code §§ 65000 et seq ) to determine the appropriateness of changing the general plan land use designation from Very Low Density Residential and Mountainous to Low Density Residential SECTION 2 In accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code (` LEMC ), the Planning Commission makes the following findings for the approval of General Plan Amendment No 2006 -04 I 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 AGENDA ITEM ND PAGE) ©8_ Gr 3 6 PLANNING COMMISSION RESOLUTION NO 2007-. PAGE 3 OF 5 The proposed General Plan Amendment will change the Project Site s General Plan land use designation to Low Density Residential Currently the Project Site has a General Plan land use designation of Very Low Density Residential and Mountainous which allow residential and accessory land uses The proposed land uses are similar to existing and approved uses on all sides of the Project perimeter and roadway network Impacts will be mitigated and therefore will not result in any significant impacts in surrounding neighborhood(s) except in the areas of construction- related air quality impacts and the timing of improvements to intersections that will not be operating at acceptable levels of service in 2025 The significant air quality impacts are only construction related and will not have long term effects The intersection impacts will occur with or without the Project which does contribute an insignificant amount of traffic to the impacted intersection Therefore the Project will not be detrimental to the health safety comfort or general welfare of the persons residing or working within the neighborhood of the Project Furthermore because the Project is a residential community the Project will not be injurious to the property or improvements in the neighborhood surrounding the Project Site or within the City 2 The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties The Project Site has been pre -zoned Specific Plan which requires the preparation of a Specific Plan for the purpose of master planning the site prior to allowing development to occur Furthermore section 17 99 010 of the Lake Elsinore Municipal Code states that the purpose of the Specific Plan zoning district is to enhance the appearance and livability of the community through encouragement of creative approaches to the use of land and the design of facilities and to promote and create public and private open space as an integral part of land development design To this end the Canyon Hills Estates Specific Plan will include residential open space and park uses consistent with the Low Density Residential General Plan designation and compatible with the surrounding residential open space and park land uses surrounding the Project Site AGENDA ITEM NO Z_ PACE/ 0 T_ OF /3 6 PLANNING COMMISSION RESOLUTION NO 2007 - PAGE 4 OF 5 3 The proposed General Plan Amendment would establish a land use designation and usage more in character with the subject property s location access and constraints The master planned community of Canyon Hills lies dust north of the Project Site Canyon Hills residential neighborhoods are comprised of 5 000 square foot lots which is a higher density than the Project Site and surrounding properties General Plan designations Changing the land use designation for the Project Site to Low Density Residential will create a neighborhood that is more in character with the pre - existing Canyon Hills development In addition the Low Density Residential designation will create a more natural transition from the higher density residential neighborhoods of Canyon Hills to the rural residential areas surrounding the Project Site Residential clustering results in a residential product that compliments the topography and location of the Project Site Finally the Project will use existing points of access for the future residential community SECTION 3 This Resolution shall take effect from and after the date of its passage and adoption AGENDA ITEM NO PAGE-1 10 _0F 13 6 PLANNING COMMISSION RESOLUTION NO 2007 - PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 16th day of January 2007, by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS ATTEST Rolfe M Preisendanz Director of Community Development Michael O Neal Chairman Lake Elsinore Planning Commission AGENDA 6TH J! NO a[ PAGE ^OF 3 6 RESOLUTION NO 2007- A 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 SPECIFIC PLAN NO 2006 -01 WHEREAS Vicki Mata Trumark Companies, has filed an application with the City of Lake Elsinore requesting approval of Specific Plan No 2006 01 for the project identified as the Canyon Hills Estates Specific Plan (the Project ) The 246 4 acre protect site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approval of specific plans and WHEREAS, public notice of the Project 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 January 16 2007 NOW THEREFORE THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Specific Plan No 2006 01 pursuant to the Planning and Zoning Laws (Cal Gov Code §§ 65000 et seq ) and Chapter 17 99 of the Lake Elsinore Municipal Code ( LEMC ) SECTION 2 That in accordance with State Planning and Zoning laws and the Lake Elsinore Municipal Code the Planning Commission makes the following findings for the approval of Specific Plan No 2006 01 1 The location and design of the proposed development shall be consistent with the goals and policies of the City s General Plan and with any other applicable plan or policies adopted by the City AGENDA ITEM NO 1 PAGE LL--op--UL PLANNING COMMISSION RESOLUTION NO 2006 - PAGE 2 OF 4 The Canyon Hills Estates Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seg of the California Government Code and Section 17 99 of the City of Lake Elsinore Municipal Code Accordingly the proposed Specific Plan is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located 2 The proposed location shall allow the development to be well integrated with or adequately buffered from its surroundings, whichever may be the case The proposed project is appropriate to the site and surrounding developments in that the project will construct single-family detached units in accordance with appropriate development and design standards contained in the Canyon Hills Estates Specific Plan The project creates interest and varying vistas as a person moves along any project street The project also complements the quality of existing neighboring development and will continue to provide visually pleasing design and architecture within the immediate area 3 All vehicular traffic generated by the development either in phased increments or at full build out is to be accommodated safely and without causing undue congestion upon adjoining streets The proposed Canyon Hills Estates Specific Plan has been reviewed as to its relation to the width and type ofpavement needed to carry the type and quantity of traffic generated in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car truck transit and bicycle 4 The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services In appropriate circumstances , and as provided elsewhere by City Code the City may require that suitable areas be reserved for schools parks and pedestrian ways, or public open spaces shall be dedicated or reserved by private covenant for the common use of residents establishments or operations in the development The Final Specific Plan properly identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services The AGENDA ITEM NO PAGE % /-� PLANNING COMMISSION RESOLUTION NO 2006 - PAGE 3 OF 4 Final Specific Plan identifies necessary streets and circulation to support the proposed land use allocations as well as all necessary wet and dry utilities for proper and adequate infrastructure services In addition the Specific Plan identifies a 5 4 acre park site for common use of the residents and approximately 126 acres of open space for dedication and preservation 5 The overall design of the Specific Plan will produce an attractive, efficient and stable development The proposed Canyon Hills Estates Specific Plan has been designed in consideration of the size and shape of the property thereby strengthening and enhancing the immediate residential area The project as proposed will complement the quality of existing development and will create a visually pleasing non - detractive relationship between the proposed and existing projects in that the proposed use has been reviewed to ensure adequate provision of screening from the public rights -of -way or adjacent properties The Canyon Hills Estates Specific Plan will not be detnmental to the health safety comfort or general welfare of the persons residing or working near the project area or within the City nor will it be injurious to property or improvements in the project area or within the City In addition staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Specific Plan and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping street dedications regulations of points of vehicular ingress and egress and control of potential nuisances so as to eliminate any negative impacts to the general health safety comfort or general welfare of the surrounding neighborhood or the City 6 In accordance with the requirements of the California Environmental Quality Act (CEQA) impacts have been reduced to a level of non significance or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation Environmental Impact Report No 2006 -02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Specific Plan AGENDA ITEM NO PAGEI_�Y_OF / 3 PLANNING COMMISSION RESOLUTION NO 2006 - PAGE 4 OF 4 SECTION 3 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 16th day of January 2007 by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS ATTEST Rolfe M Preisendanz Director of Community Development Michael O Neal Chairman Lake Elsinore Planning Commission AGENDA ITEM NO 9 PAGE % /,� OF , RESOLUTION NO 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO 34249 WHEREAS Vicki Mata, Trumark Companies has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No 34249 which subdivides 246 40 acres of land into 302 residential lots (the Project ), and WHEREAS, the 246 4 -acre project site is located immediately adjacent to the existing southern boundary of the Canyon Hills Specific Plan and is bounded by Hemlock Street to the north, Pine Avenue to the east, Crooked Arrow Drive and Crab Hollow Circle to the south and west Cottonwood Creek flows through the northeast corner of the site adjacent to Cottonwood Canyon Road (the Project Site ), and WHEREAS the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land and WHEREAS, public notice of the Project 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 January 16, 2007 NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 Prior to making a recommendation to the City Council the Planning Commission has reviewed and analyzed Tentative Tract Map No 34249 pursuant to the Subdivision Map Act (Cal Gov Code §§ 66000 et seq ) and Title 16 of the Lake Elsinore Municipal Code ( LEMC ) SECTION 2 In accordance with the Subdivision Map Act and Title 16 of the LEMC, the Planning Commission makes the following findings for the approval of Tentative Tract Map No 34249 AGENDA ITEM NP PAGE_LZL_OF 3 PLANNING COMMISSION RESOLUTION NO 2007-_ PAGE 2 OF 4 I The proposed subdivision together with the provisions for the design and improvement are consistent with the General Plan, Zoning Code, Title 16 of the Municipal Code relating to Subdivisions and the State Subdivision Map Act The design of the subdivision and density of 123 dwelling units per acre is consistent with the General Plan designation of Low Density Residential which accommodates residential development up to 3 dwelling units per acre The Project is consistent with the designated land use planning area development and design standards and all other requirements contained in the General Plan Canyon Hills Estates Specific Plan and Subdivision Map Act 2 The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473 5) The Project is consistent with the land use plan development and design standards and programs and all other requirements of the General Plan and Canyon Hills Estates Specific Plan For example the General Plan designates the Project Site as Low Density Residential The Canyon Hills Estates Specific Plan designates the Project Site as Single Family Residential I (SF -1) (minimum lot size of 7200 square feet) and Single Family Residential 2 (SF -2) (maximum density of 6 8 dwelling units per acre) Tract Map No 34249 is consistent with the SF -1 and SF- 2 designations and applicable development and design standards because the maximum density incorporated into the Tract Map is 123 dwelling units per acre 3 The effects this proposed subdivision is likely to have upon the housing needs of the region the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced (Government Code Section 66412 3) In light of General Plan Amendment No 2006 -04 and Specific Plan 2006 01 the Project is consistent with the City s General Plan and Zoning Code will provide necessary public services and facilities and will pay all appropriate fees The proposed subdivision s effects upon the housing needs of the region the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced in the Project EIR and Plan of Services AGENDA ITEM N0� PAGE -L/ 7_ OF 134 PLANNING COMMISSION RESOLUTION NO 2007-_ PAGE 3 OF 4 4 The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412 3) Government Code Section 66473 1(b)(1) and (2) indicate that examples of passive or natural heating and cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east -west alignment for southern exposure and to permit orientation of a structure to take advantage of shade or prevailing breezes The Project subdivision has been designed to include a variety of lot sizes ranging from 3 000 square feet to over 20 000 square feet and a variety of lot configurations Lot configurations and lot sizes were determined based upon the consideration of multiple factors including but not limited to passive or natural heating or cooling opportunities contours circulation access open space buffers and biological resources Nevertheless because much of the site is a north facing slope passive or natural heating opportunities are limited Similarly opportunities were limited to orient the lots to take advantage of southwest prevailing winds due to site contours Where feasible lots were configured to permit orientation of a structure in an east - west alignment for southern exposure and to permit orientation of a structure to take advantage of shade or prevailing breezes Additionally the Project will comply with all appropriate conservation requirements of the City and Uniform Building Code SECTION 3 This Resolution shall take effect from and after the date of its passage and adoption AGENDA ITEM NO PAGE / l 8 of / 3� PLANNING COMMISSION RESOLUTION NO 2007- PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 16th day of January 2007, by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS ATTEST Rolfe M Preisendanz Director of Community Development Michael O Neal, Chairman Lake Elsinore Planning Commission AGENDA ITEM NO PAGE_Ld OF M CONDITIONS OF APPROVAL SPECIFIC PLAN NO 2006 -01 TENTATIVE TRACT MAP NO 34249 GENERAL PLAN AMENDMENT NO 2006 -04 CANYON HILLS ESTATES SPECIFIC PLAN GENERAL I The applicant shall defend (with counsel acceptable to the City) indemnify and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim action, or proceeding against the City its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City its advisory agencies appeal boards or legislative body concerning implementation and construction of the Environmental Impact Report General Plan Amendment No 2006 -04 Specific Plan No 2006 01, and Tentative Tract Map No 34249 (collectively, the Project ") PLANNING DIVISION 2 All conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division All conditions of approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities 3 The applicant shall comply with the City's Noise Ordinance as set forth in Lake Elsinore Municipal Code Chapter 17 78 4 The applicant shall prepare a final landscape plan subject to the review and approval of the Director of Community Development or designee The plan shall incorporate details identifying screening, irrigation and aesthetic mitigation of the on site water tanks Said landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy 5 Approval of the Project is expressly conditioned upon Riverside LAFCO s approval of Annexation No 75 If the City does not receive from Riverside LAFCO a certificate of completion of Annexation No 75 within two (2) years from the date of City Council approval of the Project, the City Council approval of the Project shall be null and void No subdivision construction, development or grading of the Project shall be undertaken prior to the City s AGENDA ITEM NO I/ PAGE I2-P OF_ 3 6 CONDITIONS OF APPROVAL PAGE 2 OF 15 CANYON HILLS ESTATES receipt of a certificate of completion of Annexation No 75 from the Riverside LAFCO SPECIFIC PLAN NO 2006 01 6 The Draft Canyon Hills Estates Specific Plan shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council A Final Canyon Hills Estates Specific Plan document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council No permit shall be issued until the Canyon Hills Estates Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee 7 Future development shall comply with those standards and guidelines contained in the Canyon Hills Estates Specific Plan document 8 Those issues standards guidelines, etc not addressed in the Canyon Hills Estates Specific Plan shall revert to the Lake Elsinore Municipal Code in effect at the time any future development is proposed 9 The applicant shall participate in and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate 10 The applicant shall provide all project related onsite and offsite improvements as described in the Canyon Hills Estates Specific Plan document TENTATIVE TRACT MAP NO 34249 11 The Tentative Tract Map No 34249 shall expire two (2) years from date when the City receives notice of completion of Annexation No 75 from Riverside LAFCO unless within that period of time a Final Map has been filed and recorded with the County Recorder, or an extension of time is AGENDA (TEM N®Z_ PAGE.�2-J oF 13L CONDITIONS OF APPROVAL PAGE 3OF15 CANYON HILLS ESTATES granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act 12 The Tentative Parcel Map No 34249 shall comply with the Subdivision Map Act and shall comply with all applicable requirements of Title 16 of the Lake Elsinore Municipal Code unless modified by these conditions of approval 13 Prior to issuance of a final certificate of occupancy for Tentative Parcel Map No 34249 the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be satisfied All uncompleted improvements must be bonded for as part of the agreements 14 Prior to approval of the Final Map, or prior to issuance of building permit if deemed appropriate by the City Engineer the applicant shall create and complete the formation of a Homeowner s Association for the Project The Homeowner s Association shall be approved by the City To the extent that the Homeowners Association will be governed by Articles of Incorporations, Covenants Conditions and Restrictions ( CC &Rs ), or any other such instrument, those documents shall be submitted to the City Planning & Engineering Departments and City Attorney s Office for review and approval 15 The CC &Rs drafted for the Project s Homeowners Association shall expressly designate the City as a third party beneficiary Specifically, the CC &Rs shall state The City of Lake Elsinore and its successors and assigns are expressly made third party beneficiaries to this Declaration and the conditions covenants and restrictions contained herein governing the use operation and maintenance of the Property The City has the right but not the obligation to enforce the provisions of this Declaration Any amendment to this Declaration shall require the written consent of the City AGENDA MIA NO PAGE 1 ??- -OF 13 CONDITIONS OF APPROVAL PAGE 4 OF 15 CANYON HILLS ESTATES 16 The CC &Rs drafted for the Projects Homeowners Association shall comport with the terms and conditions set forth in these conditions of approval 17 All construction shall comply with these conditions of approval, the provisions and requirements contained in the Canyon Hills Estates Specific Plan and the guidelines for development set forth in the Lake Elsinore Municipal Code 18 The applicant shall comply with all requirements of the City's Grading Ordinance Construction generated dust and erosion shall be mitigated in accordance with the provisions of Chapter 15 72 of the Lake Elsinore Municipal Code Interim erosion control measures shall be provided 30 days after the site's rough grading as approved by the City Engineering 19 The applicant shall comply with all applicable City Codes and Ordinances 20 A cash bond of $1 000 00 shall be required for any construction trailers used during construction Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee 21 The design and construction of the project shall meet all County Fire Department standards for fire protection Prior to issuance of building permits applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met 22 The project shall comply with the requirements of the Elsinore Valley Municipal Water District ( EVMWD) The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards 23 Prior to issuance of building permits, the applicant shall pay park in -lieu fee in effect at time of building permit issuance or dedicate the proposed approximately 5 4 acre park area to the City AGENDA ITEM NO PAGE 1 ?�'3 OP CONDITIONS OF APPROVAL PAGE 5OF15 CANYON HILLS ESTATES 24 The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit 25 The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of each building permit ENVIRONMENTAL 26 The following mitigation measures related to the protection of Cultural Resources shall be implemented as described below • TS 01 shall be avoided and preserved where feasible including a 10 meter buffer surrounding the boundaries of TS -01 to protect the delineated site area and any associated subsurface components Protective fencing during construction shall be provided to protect TS -01 where feasible Any recovered artifacts shall be housed at a curatorial facility in compliance with 36 CFR 79 or given to the affiliated Tribe as determined by the Section 106 process in accordance with the National Historic Preservation Act Prior to the issuance of any grading permits a Phase II cultural resources testing and evaluation program shall be conducted for TS- 01 and TS -02 The Phase II evaluation plan shall contain a research design and field methodology designed to evaluate the significance of the sites pursuant to applicable law and in accordance with general archaeological reporting standards for such If Phase II testing determines the presence of a unique archaeological resource under Public Resources Code Section 21083 2 the report shall include recommended measures to avoid or mitigate impacts to the sites Where avoidance of significant resources is not feasible, Phase III investigations (data recovery) shall be completed • All testing and evaluation shall be supervised by an individual or individuals meeting the Secretary of the Interior s Professional Qualifications Standards as a qualified prehistoric archaeologist for AGENDA ITEM NO PAGE12z4_0F CONDITIONS OF APPROVAL PAGE 6OF15 CANYON HILLS ESTATES Site TS -01 and as an historic archaeologist for Site TS 02 and /or a Registered Professional Archaeologist (RPA) with similar qualifications • If the Phase 11 cultural resources evaluation program determines that a given resource is eligible for listing on the California Registry of Historic Resources (CRHR) and/or local listings and therefore meets the definition of an historical resource, ' or if there is a determination by the City in consultation with the Pechanga Tribe that a resource is unique' pursuant to applicable law, an impact determination shall be made prior to issuance of grading pen-nits If the impacts are determined to be significant appropriate mitigation measures shall be designed in consultation with the Pechanga Tribe to mitigate impacts to below a level of significance with preservation as the preferred mitigation if feasible If preservation is not the chosen alternative, a data recovery program shall be implemented The data recovery program shall entail at a minimum the collection of surface materials and a sufficient sample of buned materials, analysis, and reporting of recovered materials consistent with the Cultural Resources Treatment and Monitoring Agreement by and between the Project Applicant and the Pechanga Tribe • Prior to issuance of grading penmt(s) for the Protect the Project Applicant shall retain an archaeological monitor to monitor all ground - disturbing activities with special emphasis on the vicinity of TS 01 and TS -02 in an effort to identify any unknown archaeological resources Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation • At least 30 days prior to seeking a grading permit the protect applicant shall contact the Pechanga Band of Luiseno Indians for the purpose of notifying the Tribe of the grading excavation and monitoring program and to coordinate with the City of Lake Elsinore and the Pechanga Band of Luiseno Indians to develop a Cultural Resources Treatment and Monitoring Agreement The Agreement AGENDA ITEM NO I / PAGE . OF CONDITIONS OF APPROVAL PAGE 7 OF 15 CANYON HILLS ESTATES shall address the treatment of known cultural resources the designation responsibilities and participation of Native American monitors during grading excavation and ground disturbing activities project grading and development scheduling, terms of compensation and treatment and final disposition of any cultural resources sacred sites, and human remains discovered on the site The City of Lake Elsinore shall be the final arbiter of any disputes concerning the conditions included in the Agreement • Prior to issuance of any grading permit the project archaeologist shall file a pre - grading report with the City and County (if required) to document the proposed methodology for grading activity observation Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities In accordance with the Treatment Agreement, the archaeological monitor's authority to stop and redirect grading shall be exercised in consultation with the Pechanga Band of Luiseno Indians in order to evaluate the significance of any archaeological resources discovered on the property Tribal monitors from the Pechanga Band of Luiseno Indians shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist • If human remains are encountered State Health and Safety Code Section 7050 5 shall apply and no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097 98 The Riverside County Coroner shall be notified of the find immediately If the remains are determined to be prehistoric the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD) With the permission of the landowner or his/her authorized representative the MLD may inspect the site of discovery The MLD shall complete the AGENDA ITEM NO/ 1 PAGE 1 2-6 OF 13 CONDITIONS OF APPROVAL PAGE 8 OF 15 CANYON HILLS ESTATES inspection and provide its recommendations pursuant to Public Resources Code 5097 98 27 The applicant shall implement all mitigation measures identified in Environmental Impact Report No 2006 02 and its Mitigation Monitoring Program ENGINEERING DIVISION 28 A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer If the grading is less than 50 cubic yards and a grading plan is not required a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins 29 Prior to commencement of grading operations applicant shall provide the City with a map of all proposed haul routes to be used for movement of export material Such routes shall be subject to the review and approval of the City Engineer 30 All grading shall be done under the supervision of a geotechmcal engineer who shall also certify for stability and proper erosion control all slopes approved by the City to be steeper than 2 to 1 31 An Encroachment Permit shall be obtained prior to any work on City right of way 32 Street improvements traffic signing and striping are required as part of this project The improvements shall be prepared by a registered civil engineer and shall meet City and/or Riverside County standards 33 Arrangements for relocation of utility company facilities (power poles, vaults, etc ) out of the roadway or alley shall be the responsibility of the property owner or his agent AGENDA ITEM NO PAGE / Z 7 OF�_ CONDITIONS OF APPROVAL PAGE 9OF15 CANYON HILLS ESTATES 34 Applicant shall pay all applicable development impact /mitigation fees, including but not limited to TUMF, MSHCP TIF and Area Drainage Fees The amount to be paid for each fee shall be consistent with the fee in effect per each fee s implementing ordinance 35 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street nght -of way When either of these criteria is exceeded drainage facilities shall be provided 36 All compaction reports grade certifications monument certifications (with tie notes delineated on 8 ' /2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved 37 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 material, debris vegetation and other rubbish generated during cleaning, demolition clear and grubbing or all other phases of construction 38 On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement 39 All natural drainage traversing the site shall be conveyed through the site or shall be collected and conveyed by a method approved by the City Engineer Diversion of historic flows shall not be allowed a Roof drains shall not be allowed to outlet directly through conng in the street curb 40 Roofs should drain across a minimum of 20 feet of landscaped area 41 The applicant shall provide for the detention of storm water increases due to AGENDA ITE A NO k PAG£ Z $ OF 13 CONDITIONS OF APPROVAL PAGE 10 OF 15 CANYON HILLS ESTATES the project as increased from historic flow volumes Basins shall be designed consistent with Riverside County Flood Control District standards 42 The applicant shall comply with all NPDES requirements, including the submittal of a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board 43 City of Lake Elsinore has adopted ordinances for storm water management and discharge control In accordance with state and federal law these local storm water ordinances prohibit the discharge of waste into storm drain systems or local surface waters This includes non storm water discharges containing oil, grease detergents trash, or other waste remains Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall 44 PLEASE NOTE The discharge of pollutants into street, gutters, storm drain system, or waterways without Regional Water Quality Control Board permit or waiver — is strictly prohibited by local ordinances and state and federal law Prior to Issuance of a Grading Permit 45 If the grading is less than 50 cubic yards and a grading plan is not required, a site plan showing proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins 46 Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and/or diversion of drainage 47 The approved grading plan shall show conveyance of any storm water historically traversing the project site The storm drain design shall convey AGENDA ITEM NO PAGE / L 9 ©F . CONDITIONS OF APPROVAL PAGE 11 OF 15 CANYON HILLS ESTATES at a minimum the 100 year storm event detailing overland release of any supplemental water volume 48 Provide soils, geology and seismic report for plan check review and approval Provide final soils report showing compliance with recommendations 49 The applicant shall obtain all necessary off -site easements for off site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance a Applicant shall provide erosion control measures as part of their grading plan The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement A in the Riverside County NPDES Drainage Area Management Plan 50 Applicant shall provide the city with proof of filing a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits 51 Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits The applicant shall provide a WQMP for post construction which describes BMP s that shall be implemented for the development and including maintenance responsibilities Prior to Issuance of Building Permit 52 Unless other timing is indicated, all Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to building permit 53 The applicant shall construct a full 40 foot street section on 60 feet of AGENDA ITEM No ' PAGE /30 _or- CONDITIONS OF APPROVAL PAGE 12 OF 15 CANYON HILLS ESTATES dedicated right of way as the modified section with expanded parkway for project site internal public streets 54 Cottonwood Canyon Road shall be constructed with 48 -feet of road section from curb to curb with a dedicated right of way width of 70 -feet 55 The applicant shall construct a 24 -foot street section with asphalt dyke on the southerly side and curb gutter and sidewalk improvements on the northerly side of Navaho Springs Road In addition the applicant shall provide geotechmcal data to support a slope steeper than 2 1 between the toe of slope and right of way line 56 The applicant shall construct a 32 foot street section with asphalt dyke on the southerly side and curb, gutter and sidewalk improvements on the northerly side of Lost Road All slopes exceeding 2 1 shall be approved prior to issuance of grading permit 57 All project site internal private local streets shall have a minimum 36 -foot section with rolled curbs constructed on a 46 -foot easement 58 The applicant shall comply with access requirements from the Fire Department 59 The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc The Will Serve letter shall be submitted prior to applying for a building permit 60 The applicant shall pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC 16 34) including, but not limited to Traffic Improvement Fee Transportation Uniform Mitigation Fee Area Drainage fee AGENDA ITEM NO PAGE/3/ oF 13(, CONDITIONS OF APPROVAL PAGE 13 OF 15 CANYON HILLS ESTATES Prior to Occupancy 61 All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1 /2" x 11" Mylar) shall be submitted to the Engineering Division 62 All public improvements including signing and striping and street lighting shall be completed in accordance with the approved plans or as condition of development to the satisfaction of the City Engineer 63 Onsite circulation of the Project shall be completed to the satisfaction of the Fire Department 64 The applicant shall coordinate the construction of a street light with Southern California Edison consistent with the City Standard street light spacing 65 Water and sewer improvements shall be completed in accordance with Water District requirements COMMUNITY SERVICES DEPARTMENT 66 The applicant shall dedicate five (5) acres of park land to the City in perpetuity The Park Site shall be equestrian in design and located off of Cottonwood Canyon Road (as per preliminary park site plan) intersecting Street A 67 Regional Trail Connections shall be integrated into the development 68 Construction of the Park Site shall be completed at the opening of the first model home 69 Prior to issuance of building permits the developer shall dedicate the 5 4 acre park area to the City Park credit fees towards park construction shall be applied (302 units @ $1,600 = $483 200) However, all interior AGENDA ITEM No � EACE13 2- of CONDITIONS OF APPROVAL PAGE 14 OF 15 CANYON HILLS ESTATES landscape recreation areas, facilities and /or open space that are maintained by the Homeowner s Association will not receive park credits 70 The applicant shall participate in the Public Facility fee program 71 The applicant shall comply with all NPDES storm water requirements 72 The Homeowner s Association shall maintain all natural and manufactured slopes 73 The Homeowners Association shall maintain all drainage facilities and structures 74 The Homeowner s Association shall maintain all catch basins collectors, v- ditches or any other related flood control or storm water control device 75 The Homeowner s Association shall to maintain all exterior walls and landscaping 76 The applicant shall participate in the City wide LLMD Prior to issuance of certificates of occupancy the developer shall annex into LLMD District 1 for all exterior landscaping to be maintained by the City 77 The applicant shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8 32 of the Lake Elsinore Municipal Code 78 Prior to issuance of the final certificate of occupancy the applicant shall provide the City with an inventory of all street signs, street markings, street trees and total square footage of all streets in a digital format acceptable to the City 79 The applicant shall satisfy all City curb gutter and sidewalk requirements 80 The City shall retain final review and approval authority over all park AGENDA ITEM NO aL PAGE I —3 OF / 3 a CONDITIONS OF APPROVAL PAGE 15 OF 15 CANYON HILLS ESTATES development and implementation plans 81 The City s Landscape Architect shall review all landscape and/or irrigation plans ADMINISTRATIVE SERVICES DEPARTMENT 82 Annex into CFD 2003 1 Prior to approval of the Final Map, the applicant shall annex into the Mello -Roos Community Facilities District 2003 -1 to offset the annual negative fiscal impacts of the Project on public safety operations and maintenance issues in the City 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 dandersongharris assoc com 83 Annex into CID 2006 5 Prior to approval of the Final Map, the applicant shall annex into the Mello -Roos Community Facilities District 2006 5 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, Hams & Associates at (949) 655 -3900 x334 or dandersong,harns -assoc com 84 Annex into LLMD No 1 Prior to approval of the Final Map the applicant shall annex into Lighting and Landscape Maintenance District No 1 to offset the annual negative fiscal impacts of the Project on public right of way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right of way for which the City will pay for electricity and a maintenance fee to Southern California Edison 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 Hams & Associates at (949) 655 -3900 x334 or dandersonOharris - assoc com AGENDA ITEM NO aI PAGE ^OF J b 0 0 O O CI U I W I C. i M u r.� u r.` U CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL CHAIRWOMAN AND REDEVELOPMENT AGENCY FROM ROBERT A BRADY, CITY MANAGER DATE JANUARY 23, 2007 SUBJECT TENTATIVE TRACT MAP NO 32481 CAPE OF GOOD HOPE SPECIFIC PLAN APPLICANT / RANDY ZIEGLER, LAKE ELSINORE REAL ESTATE, OWNER DEVELOPMENT GROUP, 171 AMBROISE, NEWPORT COAST, CA, 92657 LOCATION The 1 7 -acre project site is located on the north side of Spruce Street, east of Mountain Avenue (APN 389 412 027 the "Protect Site ) REQUEST The applicant is requesting approval of Tentative Tract Map 32481, which will subdivide 17 acres of land in the Cape of Good Hope Specific Plan into five individual lots for single family residential development ('Tentative Tract Map 32481 or the "Tract Map ) Review is pursuant to the Cape of Good Hope Specific Plan and Title 16, Subdivisions of the Lake Elsinore Municipal Code (LEMC) BACKGROUND Tentative Tract Map 32481 was reviewed by the Planning Commission at its regularly scheduled January 2, 2007, meeting Upon reviewing the Tract Map, the Planning Comrrussion determined that the proposed subdivision is consistent with the development standards identified in the Cape of Good Hope Specific Plan Therefore, at the conclusion of the public hearing on January 2, the Planning Commission moved to recommend that the City Council approve Tentative Tract Map 32481 subject to the conditions of approval attached to the staff report The Cape of Good Hope Specific Plan consists of two discrete sections the section which comprises the Project Site and a section just north of the Project Site The two sections of the Specific Plan are separated by a slope that abuts the northern boundary AGENDA ITCM No PACE I GF ''jS REPORT TO THE CITY COUNCIL JANUARY 23, 2007 PAGE 2 OF 3 of the Project Site The development constraints on the two sections of the Specific Plan are not alike and require that the sections be developed under separate maps It is for that reason that Tentative Tract Map No 32481 subdivides only a portion of the Cape of Good Hope Specific Plan project area The applicant is currently working with staff to process a larger tentative tract map for the greater and remaining portion of the Cape of Good Hope Specific Plan project area to the north That tentative tract map will be presented to the Planning Commission and City Council at a later date DISCUSSION Items of discussion at the Planning Comnussion hearing were related to the site design, and Tract Map improvements The Commission expressed satisfaction with the design and layout of the proposed subdivision It was the majority consensus of the Planning Commission to accept staff's recommendation of approval FISCAL IMPACT Ultimately, the proposed subdivision will have a positive fiscal impact to the community and the City That is, financial analyses of the Tract Map estimate that the residences that will be built as a result of the subdivision approval will generate sales tax because the individuals who move into the new homes will shop at and consume more goods, services, and products in the nearby commercial areas of the City of Lake Elsinore In addition to the sales tax revenue that will be generated by the subdivision it is anticipated that the development of the units pursuant to the Tract Map will provide a steady stream of construction fobs through the project s build out Finally, the Tract Map has been conditioned to require that the applicant contribute fees toward traffic improvements school facilities park facilities fire services police services water facilities and sewer facilities AGENDA ITEM NO PAGE a_OF 3S REPORT TO THE CITY COUNCIL JANUARY 23, 2007 PAGE 3 OF 3 RECOMMENDATION The Planning Commission recommends that the City Council adopt the following Resolutions • Resolution No 2007-M, adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) and • Resolution No 2007 09, approving Tentative Tract Map No 32481 PREPARED BY KIRT A COURY, PROJECT PLANNER APPROVED FOR AGENDA BY 'S ATTACHMENTS 1 Vicinity Map 2 City Council Resolution No 2007 -_ (Making Findings of Consistency with the MSHCP) 3 City Council Resolution No 2007 -_ (Approving Tentative Tract Map No 32481) 4 Conditions of Approval 5 Planning Commission Staff Report with Exhibits dated January 2, 2007 AGENDA ITEM NO 2 PAGE_3_70F S5 VICINITY MAP TENTATIVE TRACT MAP NO 32481 CAPE OF GOOD HOPE SPECIFIC PLAN �K�SyoRFo \� R AGENDA ITEM NO 29- ,PAGE--!�,_OF_3_�_ RESOLUTION NO 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT TENTATIVE TRACT MAP NO 32481 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTI - SPECIES HABITAT CONSERVATION PLAN WHEREAS, Randy Ziegler, Lake Elsinore Real Estate Development Group, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No 32481, which subdivides 17 acres of land within the Cape of Good Hope Specific Plan area into five (5) residential lots (the Project ) The Project Site is located on the north side of Spruce Street, east of Mountain Avenue, and commonly identifiable as APN 389 412 -027 (the Project Site ), and WHEREAS Section 6 0 of the Western Riverside Multiple Species Habitat Conservation Plan (the MSHCP ) requires that for those discretionary projects that are not within an MSHCP criteria cell the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the other "Plan Wide Requirements of the MSHCP, and WHEREAS, action taken by the Planning Commission and City Council with regard to the tentative tract map application is a discretionary action subject to the MSHCP, and WHEREAS, because the Tentative Tract Map 32481 is not within a criteria cell the project is reviewed for consistency with the MSHCP other `Plan Wide Requirements , and WHEREAS, on January 2, 2007, the Planning Commission considered the Project's consistency with the MSHCP other "Plan Wide Requirements and recommended that the City Council of the City of Lake Elsinore find the Project consistent, and WHEREAS, public notice of the Project 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 January 23, 2007 AGENDA ITEPA ND ��2­ PAGE 5_o- '1' CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 2 OF 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The City Council has considered the proposed application and its consistency with the MSHCP other Plan Wide Requirements prior to making a decision to adopt Findings of Consistency SECTION 2 That in accordance with the MSHCP, the City Council hereby makes the following findings regarding consistency of the Project with the MSHCP other "Plan Wide Requirements MSHCP CONSISTENCY FINDINGS 1 The Project is a project under the City s MSHCP Resolution, and the City must make an MSHCP consistency finding before approving the Project Pursuant to the City s MSHCP Resolution the Project is required to be reviewed for MSHCP consistency including consistency with other Plan Wide Requirements The Project Site is not located within an MSHCP Criteria Cell however based on requirements of the MSHCP the Project is required to be consistent with Section 61 2 Riparian /Riverine Areas and Vernal Pool Guidelines and Section 6 3 2 Critical Area Species Survey Area Guidelines 2 The Project is subject to the City s LEAP and the County s Joint Project Review processes Because the Project is not located within an MSHCP Criteria Cell it was not processed through a LEAP or Joint Project Review 3 The Project is consistent with the Ripanan/Rivenne Areas and Vernal Pools Guidelines No riverme /riparian areas or vernal pools are present on the Project Site The Project is therefore consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 612 of the MSHCP No further action regarding this section of the MSHCP is required AGENDA I T E A NO PAGE_ _OF 35 CITY COUNCIL RESOLUTION NO 2007 -_ PAGE 3 OF 4 4 The Project is consistent with the Protection of Narrow Endenuc Plant Species Guidelines Per MSHCP requirements the Pr4lect is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 61 3 No further action regarding this section of the MSHCP is required 5 The Project is consistent with the Additional Survey Needs and Procedures The Project is not subject to Critical Area Species Survey Area Guidelines as set forth in Section 632 of the MSHCP No further action regarding this section of the MSHCP is required 6 The Project is consistent with the Urban/Wildlands Interface Guidelines The Pr4lect is surrounded by existing development to the east west and south Further the area to the north is currently being processed for development Therefore the Urban /Wildlands Interface Guidelines set forth in Section 61 4 of the MSHCP are not applicable to the project No further action regarding this section of the MSHCP is required 7 The Project is consistent with the Vegetation Mapping requirements There are no resources existing on site that would be subject to 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 As stated above the Project is surrounded by existing and planned development Therefore the Fuels Management Guidelines as set forth in Section 6 4 of the MSHCP are not applicable to the PrQlect No further action regarding this section of the MSHCP is required 9 The Protect 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 �Gc +eG 1 fTE 9 so PAGE =_OF_-5_ CITY COUNCIL RESOLUTION NO 2007 - PAGE 4 OF 4 10 The Project is consistent with the MSHCP The Project is consistent with all applicable provisions of the MSHCP No further actions related to the MSHCP are required SECTION 3 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 23rd day of January 2007 by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederick Ray City Clerk CMC APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert Magee, Mayor City of Lake Elsinore ivE %D+hkoL14NO•. -.2. PAGE-3--OF 35 RESOLUTION NO 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO 32481 WHICH SUBDIVIDES 17 ACRES OF THE CAPE OF GOOD HOPE SPECIFIC PLAN AREA INTO FIVE (5) RESIDENTIAL LOTS WHEREAS, Randy Ziegler, Lake Elsinore Real Estate Development Group, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No 32481 which subdivides 17 acres of land within the Cape of Good Hope Specific Plan area into five (5) residential lots (the Project ) The Project Site is located on the north side of Spruce Street, east of Mountain Avenue (the "Project Site'), and WHEREAS, the City Council of the City of Lake Elsinore is responsible for making decisions pertaining to the subdivision of land, and WHEREAS, public notice of the Project 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 January 23, 2007 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 Tentative Tract Map No 32481 and finds that the subdivision is consistent with Title 16 of the Lake Elsinore Municipal Code SECTION 2 Based upon all of the evidence before the City Council, it is hereby detemmmed that the Project is categorically exempt from the California Environmental Quality Act (Cal Pub Res Code §§ 21000 et seq CEQA ) and the CEQA Guidelines (14 CC R §§ 15000 et seq ) pursuant to a class 32 exemption for in -fill development projects because the Project is consistent with the City's general plan and zoning as further explained below, the subdivision of land occurs within the City's limits on five acres or less of land, the subdivision is surrounded by urban uses the Project Site has no value as habitat for endangered rare or threatened species as set forth in the MSHCP resolution approval of the Project will not result in significant effects relating to traffic, noise, air quality or water quality because the Project involves construction of only five residential AGENDA iTE'iPO ��- PAGE 1 OF 3S CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 3 units in a nearly built out portion of the City, and, the site can be adequately served by all required utilities and public services as demonstrated by the will serve letter submitted by the applicant pursuant to the conditions of approval placed on the Tentative Tract Map SECTION 3 That in accordance with the Subdivision Map Act and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Tentative Tract Map No 32481 1 The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan, Zoning Code, Title 16 of the Lake Elsinore Municipal Code, and the Subdivision Map Act The design of the subdivision and density of 2 00 dwelling units per acre is consistent with the General Plan designation of Low Medium Density Residential which accommodates residential development up 6 dwelling units per acre The Project is consistent with the designated land use development and design standards and all other appropriate requirements contained in the General Plan Cape of Good Hope Specific Plan and Subdivision Map Act 2 The proposed subdivision is compatible with the objectives, policies general land uses and programs specified in the General Plan (Government Code Section 66473 5) The Project is consistent with the land use plan development and design standards and programs and all other appropriate requirements contained in the General Plan and Cape of Good Hope Specific Plan As discussed the General Plan designates the Project Site as Low Medium Density Residential The Cape of Good Hope Specific Plan designates the Project Site as Flat Pad Residential (RF) (minimum lot size of 7 200 square feet) Tract Map No 32481 is consistent with the RF designation and applicable development and design standards 3 The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced The Project is consistent with the City s General Plan and Zoning Code will provide necessary public services and facilities will pay all appropriate fees and will not result in any adverse environmental impacts AGEtJb iTi "ia F1G_ PAGE S CITY COUNCIL RESOLUTION NO 2007 - PAGE 3 OF 3 4 The design of the subdivision provides to the greatest extent possible for fixture passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412 3) The project will comply with all appropriate conservation requirements of the City and Uniform Building Code SECTION 4 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 23rd day of January, 2007 by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederick Ray, City Clerk CMC APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) Robert Magee Mayor City of Lake Elsinore AGUIDA iTc 16afl 9,12— PAGE I\ OF 35 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO 32481 LOCATED AT ASSESSOR PARCEL NUMBER 389 - 412 -027 GENERAL 1 The applicant shall defend (with counsel acceptable to the City) indemnify and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning implementation and construction of Tentative Tract Map No 32481 TENTATIVE TRACT MAP NO 32481 2 Tentative Tract Map No 32481 will expire two (2) years from date of approval unless within that period of time a Final Map has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC 3 The Tentative Tract Map shall comply with the Subdivision Map Act and shall comply with all applicable requirements of Title 16 of the Lake Elsinore Municipal Code, unless modified by approved these conditions of approval 4 Prior to issuance of a final certificate of occupancy for the Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed or agreements for said improvements shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with All uncompleted improvements must be bonded for as part of the agreements 5 All lots shall comply with minimum standards contained in the LEMC 6 A precise survey with closures for boundaries and all lots shall be provided per the Lake Elsinore Municipal Code 7 The applicant shall comply with all conditions of the Riverside County Fire Department 8 The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD) AGENDA ITEM Asti _r101-_ PAGE ,a or -JS CONDITIONS OF APPROVAL PAGE 2 OF 6 TENTATIVE TRACT MAP NO 32481 9 All future structural development associated with this map shall require separate Design Review approval 10 Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department 11 The applicant shall comply with the following City programs the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan 12 Prior to issuance of a building permit, the applicant shall submit a letter of verification (will serve letter) to the City Engineer, for all required utility services 13 The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building perrmts 14 Prior to issuance of a building pernut, the applicant shall pay the City s Multiple Species Habitat Conservation Fee (MSHCP) 15 The applicant shall pay all applicable fees including park fees 16 The applicant shall meet all requirements of the providing electric utility company 17 The applicant shall meet all requirements of the providing gas utility company 18 The applicant shall meet all requirements of the providing telephone utility company 19 A bond is required guaranteeing the removal of all trailers used during construction 20 All signage, prior to installation, shall be reviewed and approved by the Planning Division 21 The City's Noise Ordinance shall be met during all site preparation activity Construction shall not commence before 7 00 AM and shall cease at 5 00 PM AGENDA {Ti A F0 91� PAGE Y3 OF 'J 5 CONDITIONS OF APPROVAL PAGE 3 OF 6 TENTATIVE TRACT MAP NO 32481 Monday through Friday Construction activity shall not take place on Saturday, Sunday or any Legal Holidays ENGINEERING 22 The applicant shall dedicate full half width street right of way such that the centerline of Spruce Street to property line measures 30 feet If the dedications already exist, the applicant shall provide documentation, such a title report, to the City Engineer identif}nng the dedication 23 The applicant shall construct full half width street improvements including curb, gutter, sidewalk and street landscaping 24 Driveway construction shall include saw cutting and removal of the existing curb and construction of the new drive approach 25 Drainage from each lot shall be conveyed to the public right of way at Spruce Street No cross lot drainage shall be allowed 26 Prior to issuance of a grading perrmt, the applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the City Engineer for review and approval 27 The applicant shall comply with the City s National Pollution Discharge Elimination System permit 28 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 material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction 29 The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16 34) including the most current Traffic Improvement Fund (TIF) area drainage fee and Transportation Uniform Mitigation Fee (TUMF) AGENDA ILL' NO PAGE IkA_or 35 CONDITIONS OF APPROVAL PAGE 4 OF 6 TENTATIVE TRACT MAP NO 32481 30 Before applying for a building permmt, the applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project 31 The applicant shall construct all public works improvements per approved street plans (LEMC Title 12) Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16 34) 32 Street and alley improvement plans and specifications shall be prepared by a California Registered Civil Engineer Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12 04 and 16 34) 33 If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit An encroachment permit shall be required to do the work 34 Work done under an encroachment permit for off -site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits 35 The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off site public works improvements (LEMC12 08, Res 83 -78) All fees and requirements for an encroachment permit shall be fulfilled before issuance of a Certificate of Occupancy 36 All compaction reports grade certifications monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off site improvements will be scheduled and approved 37 The applicant shall obtain all necessary off -site easements for off site grading or drainage from the adjacent property owners prior to grading penmt issuance 38 The applicant shall apply for and obtain a grading permit with appropriate security prior to building permit issuance A grading plan signed and stamped AGENDA ITEa,? NO Y VALE 5 0 CONDITIONS OF APPROVAL PAGE 5 OF 6 TENTATIVE TRACT MAP NO 32481 by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins 39 The applicant shall provide erosion control measures as part of the grading plan 'The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement A" in the Riverside County NPDES Drainage Area Management Plan 40 Arrangements for relocation of utility company facilities (power poles, vaults etc ) out of the roadway or alley shall be the responsibility of the property owner or his agent 41 Provide fire protection facilities as required in writing by Riverside County Fire 42 The applicant shall annex to the City's Street Lighting and Landscaping Maintenance District 43 Provide street lighting show lighting improvements on street improvement plans, as required by the City Engineer 44 On site 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 45 All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer 46 Roof and yard drains will not be allowed to outlet through cuts in the street curb 47 Roofs should drain to a landscaped area whenever feasible 48 The applicant shall satisfy all requirements of LEMC 15 64 regarding flood hazard regulations AGENDA ITEM NO �i^ PAGE L h OF 3 5 CONDITIONS OF APPROVAL PAGE 6 OF 6 TENTATIVE TRACT MAP NO 32481 49 The applicant shall satisfy all requirements of LEMC 15 68 regarding floodplam management 50 The applicant shall provide FEMA elevation certificates prior to certificate of occupancies 51 The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits The applicant shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage 52 Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and include maintenance responsibilities 53 Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement `A in the Riverside County NPDES Drainage Area Management Plan 54 Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles AGENDA ITEM NO PAGE 17 OF,� CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE JANUARY 2, 2007 PREPARED BY KIRT A COURY, PROJECT PLANNER PROJECT TITLE TENTATIVE TRACT MAP NO 32481 CAPE OF GOOD HOPE SPECIFIC PLAN APPLICANT / RANDY ZIEGLER, LAKE ELSINORE REAL ESTATE, OWNER DEVELOPMENT GROUP, 171 AMBROISE, NEWPORT COAST, CA, 92657 PROJECT REQUEST The request before the Planning Commission is for the subdivision of 17 acres of land in the Cape of Good Hope Specific Plan into five individual lots for single - family residential development Review is pursuant to the Cape of Good Hope Specific Plan and Title 16 Subdivisions of the Lake Elsinore Municipal Code (LEMC) PROJECT LOCATION The 17 -acre project site is located on the north side of Spruce Street east of Mountain Avenue (APN 389 412 -027) ENVIRONMENTAL SETTING The site is bounded on the north and east by vacant single family residential land and by the west and south by existing single -family homes AGENDA ITEM NO 2.�2, PAGE I� OF 35 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP NO 32481 JANUARY 2, 2007 PROJECT DESCRIPTION The proposed tract map will subdivide the aforementioned 1 7 acres of residentially zoned land into five separate parcels Lot No 1 will be 18 acres (7 858 square feet), Lot No s 2, 3, and 4 will be 165 acres (7 200 square feet) and Lot No 5 will be 17 acres (7 421 square feet) ANALYSIS The proposed subdivision has been deemed to be consistent with the development standards identified in the Cape of Good Hope Specific Plan The Cape of Good Hope Specific Plan requires that all newly subdivided parcels be a minimum size of 7 200 square feet The proposed subdivision complies with this requirement ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA) this project has been deemed exempt pursuant to Section 15332 This section exempts Infill projects of 5 acres or less No further environmental clearance is necessary AGENDA ITEM Non PACE 1�oE_ ilaix d� &Rci x y ,� ' tyig si i �y m^ LL d d H Project Vacant Cape of Good Hope Low Medium Density Site S ecifc Plan Residential North Vacant Cape of Good Hope Low Medium Density S ecifc Plan Residential South Single R -1 (Single Family Low Medium Density Family Residential) Residential Residential East Vacant R -1 (Single Family Low Medium Density Residential ) Residential West Single R 1 (Single Family Low Medium Density Family Residential) Residential Residential PROJECT DESCRIPTION The proposed tract map will subdivide the aforementioned 1 7 acres of residentially zoned land into five separate parcels Lot No 1 will be 18 acres (7 858 square feet), Lot No s 2, 3, and 4 will be 165 acres (7 200 square feet) and Lot No 5 will be 17 acres (7 421 square feet) ANALYSIS The proposed subdivision has been deemed to be consistent with the development standards identified in the Cape of Good Hope Specific Plan The Cape of Good Hope Specific Plan requires that all newly subdivided parcels be a minimum size of 7 200 square feet The proposed subdivision complies with this requirement ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA) this project has been deemed exempt pursuant to Section 15332 This section exempts Infill projects of 5 acres or less No further environmental clearance is necessary AGENDA ITEM Non PACE 1�oE_ PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP NO 32481 JANUARY 2, 2007 RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No 2007 _ recommending to the City Council adoption of findings of consistency with the MSHCP and Resolution No 2007 -_ recommending approval of Tentative Tract Map No 32481 to the City Council This recommendation is based on the findings exhibits and conditions of approval attached to this Staff Report PREPARED BY KIRT A COURY, PROJECT PLANNER APPROVED BY ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1 Resolution No 2007 -_ recommending that the City Council make Findings that the Project is consistent with the Multi Species Habitat Conservation Plan ( MSHCP) 2 Resolution No 2007 — recommending that the City Council approve Tentative Tract Map No 32481 3 Conditions of Approval 4 Exhibits A Location Map B Tentative Tract Map No 32481 (reduction) C Tentative Tract Map No 32481 (full size) AGENDA ITEM NO_ PAGE �0 or- SS RESOLUTION NO 2007 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI - SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT IDENTIFIED AS TENTATIVE TRACT MAP NO 32481 WHEREAS, Randy Ziegler Lake Elsinore Real Estate Development Group has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No 32481 which subdivides 17 acres of land within the Cape of Good Hope Specific Plan area into five (5) residential lots The project site is located on the north side of Spruce Street east of Mountain Avenue, and commonly identifiable as APN 389 412 027 (the Project ), and WHEREAS, these applications comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code § 21000 et seq , which is defined as an activity which may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license certificate or other entitlement for use by one or more public agencies, and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15332 This section exempts Infill projects of 5 acres or less No further environmental clearance is necessary and WHEREAS, public notice of the Project 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 January 2 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 application and its consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP AGENDA ITEM NOM..:� PAGE a\ ar. 35 PLANNING COMMISSION RESOLUTION NO 2007 -_ PAGE 2 OF 4 SECTION 2 That in accordance with State Planning and Zoning laws the Lake Elsinore Municipal Code (LEMC) and the MSHCP the Planning Commission makes the following findings for MSHCP consistency MSHCP CONSISTENCY 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 Pursuant to the City s MSHCP Resolution the project is required to be reviewed for MSHCP consistency including consistency with other Plan Wide Requirements The project site is not located within a MSHCP Criteria Cell However based on requirements of the MSHCP the project is required to be consistent with Section 61 2 Riparian /Riverine Areas and Vernal Pool Guidelines and Section 6 3 2 Critical Area Species Survey Area Guidelines 2 The proposed project is subject to the City s LEAP and the County s Joint Project Review processes As stated above the proposed project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review 3 The proposed project is consistent with the Ripanan/Rivenne Areas and Vernal Pools Guidelines No riverine /riparian areas or vernal pools are present on the project site The project is therefore consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6 12 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 project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6 13 No further action regarding this section of the MSHCP is required AGENDA ITEM NO Q rJ PAGe la o� 35 PLANNING COMMISSION RESOLUTION NO 2007-_ PAGE 3 OF 4 5 The proposed project is consistent with the Additional Survey Needs and Procedures Per MSHCP requirements the project is not subject to Critical Area Species Survey Area Guidelines as set forth in Section 6 3 2 of the MSHCP No further action regarding this section of the MSHCP is required 6 The proposed project is consistent with the Urban/Wildlands Interface Guidelines The project is surrounded by existing development to the east west and south Further the area to the north is currently being processed for development Therefore the Urban /Wildlands Interface Guidelines set forth in Section 61 4 of the MSHCP are not applicable to the project No further action regarding this section of the MSHCP is required 7 The proposed project is consistent with the Vegetation Mapping requirements There are no resources existing on site that would be subject to 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 As stated above the project is surrounded by existing and planned development Therefore the Fuels Management Guidelines as set forth in Section 6 4 of the MSHCP are not applicable to the project No further action regarding 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 project is consistent with all applicable provisions of the MSHCP No further actions related to the MSHCP are required AGENDA ITEM No. PAGE-13 _Og 2 C PLANNING COMMISSION RESOLUTION NO 2007 - PAGE 4 OF 4 SECTION 3 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 2nd day of January, 2007, by the following vote AYES COMMISSIONERS O'NEAL, GONZALES, FLORES, MENDOZA,ZANELLI NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS Michael O Neal Chairman Lake Elsinore Planning Commission ATTEST Rolfe M Preisendanz Director of Community Development AGENDA ITEM NO PAGE 4 OF 35 RESOLUTION NO 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO 32481 WHICH SUBDIVIDES 17 ACRES OF THE CAPE OF GOOD HOPE SPECIFIC PLAN AREA INTO FIVE (5) RESIDENTIAL LOTS WHEREAS, Randy Ziegler Lake Elsinore Real Estate Development Group, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No 32481 which subdivides 17 acres of land within the Cape of Good Hope Specific Plan area into five (5) residential lots The project site is located on the north side of Spruce Street east of Mountain Avenue, and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land, and WHEREAS, public notice of the Project 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 January 2 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 subdivision Tentative Tract Map No 32481 prior to making a decision to recommend that the City Council approve the proposed subdivision The Planning Commission finds and determines that this project is exempt pursuant to CEQA, which exempts mfill projects 5 acres or less SECTION 2 That in accordance with State California Subdivision Map Act and requirements of the Lake Elsinore Municipal Code the following findings for the approval of Tentative Tract Map No 32481 have been made as follows 1 The proposed subdivision together with the provisions for the design and improvement are consistent with the General Plan Zoning Code Title 16 of the Municipal Code relating to Subdivisions and the State Subdivision Map Act AGENDA ITEM No r? r_ PAGE VS of 3 PLANNING COMMISSION RESOLUTION NO 2006 - PAGE 2 OF 3 The design of the subdivision and density of 2 00 dwelling units per acre is consistent with the General Plan designation of Low Medium Density Residential which accommodates residential development up 6 dwelling units per acre The project is consistent with the designated land use development and design standards and all other appropriate requirements contained in the General Plan Cape of Good Hope Specific Plan and Subdivision Map Act 2 The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473 5) The project is consistent with the land use plan development and design standards and programs and all other appropriate requirements contained in the General Plan and Cape of Good Hope Specific Plan As discussed the General Plan designates the project site as Low Medium Density Residential The Cape of Good Hope Specific Plan designates the project site as Flat Pad Residential (RF) (minimum lot size of 7 200 square feet) Tract Map No 32481 is consistent with the RF designation and applicable development and design standards 3 The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced The project is consistent with the City s General Plan and Zoning Code will provide necessary public services and facilities will pay all appropriate fees and will not result in any adverse environmental impact 4 The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412 3) The project will comply with all appropriate conservation requirements of the City and Uniform Building Code SECTION 3 This Resolution shall take effect from and after the date of its passage and adoption NOW THEREFORE based on the above findings the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Tentative Tract Map No 32481 AGENDA ITEM NO PAGE OF 3 5 PLANNING COMMISSION RESOLUTION NO 2006 - PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED this 2nd day of January, 2007 by the following vote AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN ATTEST Rolfe M Preisendanz Director of Community Development Michael O Neal, Chairman Lake Elsinore Planning Commission AGENDA ITEM NO 2� PAGE al OF 3 5 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO 32481 LOCATED AT ASSESSOR PARCEL NUMBER 389 - 412 -027 GENERAL 1 The applicant shall defend (with counsel acceptable to the City) indemnify, and hold harmless the City its Officials Officers Employees Agents and its Consultants from any claim action, or proceeding against the City, its Officials, Officers Employees or Agents to attach, set aside, void, or annul an approval of the City its advisory agencies, appeal boards or legislative body concerning Implementation and construction of Tentative Tract Map No 32481, which action Is bought within the time period provided for in California Government Code Sections 65009 and /or 66499 37 and Public Resources Code Section 21167 The City will promptly notify the applicant of any such claim action, or proceeding against the City and will cooperate fully with the defense TENTATIVE TRACT MAP NO 32481 2 Tentative Tract Map No 32481 will expire two (2) years from date of approval unless within that period of time an appropriate Instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council In accordance with the Subdivision Map Act and the LEMC 3 The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code Title 16 unless modified by approved Conditions of Approval 4 Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer and all other stated conditions shall be complied with All uncompleted Improvements must be bonded for as part of the agreements 5 All lots shall comply with minimum standards contained In the LEMC 6 A precise survey with closures for boundaries and all lots shall be provided per the LEMC AGENDA ITEfW No_ PAGE__ j 3 5 CONDITIONS OF APPROVAL Page 2 of 6 TENTATIVE TRACT MAP NO 32481 7 The applicant shall comply with all conditions of the Riverside County Fire Department 8 The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD) 9 All future structural development associated with this map shall require separate Design Review approval 10 Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department 11 The applicant shall comply with the following City programs the City Source Reduction and Recycling Element and Household Hazardous Waste Element the County Solid Waste Management Plan and Integrated Waste Management Plan 12 Prior to issuance of building permit, the applicant shall submit a letter of venfication (will serve letter) to the City Engineer, for all required utility services 13 The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits 14 The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of building permits 15 The applicant shall pay all applicable fees including park fees 16 The applicant shall meet all requirements of the providing electric utility company 17 The applicant shall meet all requirements of the providing gas utility company 18 The applicant shall meet all requirements of the providing telephone utility company 19 A bond is required guaranteeing the removal of all trailers used during construction ADEN ®A ITEM No � !i PAGE aoF 3S CONDITIONS OF APPROVAL Page 3 of 6 TENTATIVE TRACT MAP NO 32481 20 All signage shall be subject to Planning Division review and approval prior to installation 21 The City's Noise Ordinance shall be met during all site preparation activity Construction shall not commence before 7 00 AM and cease at 5 00 PM, Monday through Friday Construction activity shall not take place on Saturday Sunday, or any Legal Holidays ENGINEERING 22 Dedicate full half width street right of -way such that the centerline of Spruce Street to property line measures 30 feet If the dedications exists, provide documentation identifying the dedication such as a current title report 23 Construct full half width street improvements including curb gutter, sidewalk and street landscaping 24 Driveway construction shall include saw cutting and removal of the existing curb and construction of the new drive approach 25 Drainage from each lot shall be conveyed to the public right -of -way at Spruce Street No cross lot drainage shall be allowed 26 Submit a Storm Water Pollution Prevention Plan (SWPPP) for approval This document is required to be approved prior to issuance of a grading permit 27 Comply with the City s National Pollution Discharge Elimination System permit 28 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 material debris vegetation and other rubbish generated during cleaning demolition clear and grubbing or all other phases of construction 29 Pay all Capital Improvement and Plan Check fees (LEMC 16 34) including the most current Traffic Improvement Fund (TIF) area drainage fee and AUENDA ITEM N0. PACE 30 Or 3 5 CONDITIONS OF APPROVAL Page 4 of 6 TENTATIVE TRACT MAP NO 32481 Transportation Uniform Mitigation Fee (TUMF) 30 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 Submit this letter prior to applying for a building permit 31 Construct all public works improvements per approved street plans (LEMC Title 12) Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16 34) 32 Street and alley improvement plans and specifications shall be prepared by a Calif Registered Civil Engineer Improvements shall be designed and constructed to Riverside County Road Department Standards latest edition and City Codes (LEMC 12 04 and 16 34) 33 If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit An encroachment permit will be required to do the work 34 Work done under an encroachment permit for off site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits 35 Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off site public works improvements (LEMC 12 08, Res 83 78) All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy 36 All compaction reports grade certifications monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off site improvements will be scheduled and approved 37 The applicant shall obtain all necessary off site easements for off site grading or drainage from the adjacent property owners prior to grading permit issuance 38 Apply and obtain a grading permit with appropriate security prior to building AGENDA ITEM NO r PAGE- 3 S CONDITIONS OF APPROVAL Page 5 of 6 TENTATIVE TRACT MAP NO 32481 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 still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins 39 Applicant to provide erosion control measures as part of their grading plan The applicant shall contribute to protection of storm water quality and met the goals of the BMP in Supplement A in the Riverside County NPDES Drainage Area Management Plan 40 Arrangements for relocation of utility company facilities (power poles, vaults, etc ) out of the roadway or alley shall be the responsibility of the property owner or his agent 41 Provide fire protection facilities as required in writing by Riverside County Fire 42 The applicant shall annex to the City s Street Lighting and Landscaping Maintenance District 43 Provide street lighting, show lighting improvements on street improvement plans as required by the City Engineer 44 On -site 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 45 All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer 46 Roof and yard drains will not be allowed to outlet through cuts in the street curb 47 Roofs should drain to a landscaped area whenever feasible 48 Meet all requirements of LEMC 15 64 regarding flood hazard regulations 49 Meet all requirements of LEMC 15 68 regarding floodplam management AGENDA ITEM N®_ 22)- PAGE LL_cr 35 CONDITIONS OF APPROVAL Page 6 of 6 TENTATIVE TRACT MAP NO 32481 50 The applicant to provide FEMA elevation certificates prior to certificate of occupancies 51 Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage 52 Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits The applicant shall provide a SWPPP for post construction which describes BMP s that will be implemented for the development and including maintenance responsibilities 53 Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides pesticides fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement A in the Riverside County NPDES Drainage Area Management Plan 54 Applicant shall provide BMP s that will reduce storm water pollutants from parking areas and driveway aisles AGENDA ITEP9 N0_ PAGE��G1. C VICINITY MAP TENTATIVE TRACT MAP NO 32481 CAPE OF GOOD HOPE SPECIFIC PLAN AGENDA ITEM NO �-- PAGE-j�_OF 5- r le N go gM 0 Z � ua o 114. 0 WE Lu � Q J LL �a O W } €a s� W F x — 6 i Z— 6I 1 i � 1 1 1 6 gill lit lilt li�I 111011 11�r� � 11 8 1 III1191Y1 ! � ISO 11$6111811 �i 11 d 1 1 1 1 n y d sl fill, IY I ga16 Y 1I I s 1 101141 g 19 i i�1ig11111 � X11 a YY Hyle,ajl� —LZ_ i AGENDA ITEM Y if HQHH H � Y 8 $ s 6 0 alai : 16HHHHH SSSSSg4M eyT� 919Q 1 ° °3 p � 61 BY BB�S 11OW 1611Ii11 0701 36q X191 �61 8 6666866 8 tl Y a 6 a � 18$8888 6I 1 i � 1 1 1 6 gill lit lilt li�I 111011 11�r� � 11 8 1 III1191Y1 ! � ISO 11$6111811 �i 11 d 1 1 1 1 n y d sl fill, IY I ga16 Y 1I I s 1 101141 g 19 i i�1ig11111 � X11 a YY Hyle,ajl� —LZ_ i AGENDA ITEM Y if CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE JANUARY 23, 2007 SUBJECT PUBLIC HEARING - RESOLUTION APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO 1 AS ANNEXATION AREA NO 14 (TRIESTE) PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 BACKGROUND On December 12 2006, the City Council adopted a resolution declaring its intent to annex territory into Landscape and Street Lighting District No 1 and approved an Engineer s Report for the annexation of the Tract 34231 development (Trieste) into Landscape and Street Lighting District No 1 DISCUSSION The district annexation includes the Trieste development which contains approximately 9 street lights The total annual cost of operations and maintenance for Landscaping is estimated at $9 133 45 or $75 48 per dwelling unit The total annual cost of operations and maintenance for Street Lighting is estimated at $2 223 40 or $18 38 per dwelling unit The estimated landscaping cost for the first year includes a 50% reserve of $4 316 73 bringing the total to $13 450 18 or $111 16 per dwelling unit The estimated street lighting cost for the first year includes a 50% reserve of $861 70, bringing the total to $3,085 10 or $25 50 per dwelling unit The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District and each annexation or zone tracked separately Any balance or deficit remaining on July 1 must be carried over to the next fiscal year AGENDA ITEM NO _2_ PAGE—J--OF-f- REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 2 The City Council may approve up to a two percent (2 %) fixed rate adjustment annually The rate adjustment will adjust the Maximum rate but not necessarily the assessment rate If costs begin to exceed assessment revenue, the City Council may increase the assessment up to the Maximum FISCAL IMPACT The City will have the appropriate funding to cover lighting for the designated areas in the district RECOMMENDATION This is an advertised Public Hearing The following is recommended to the City Council 1 Open the Public Hearing and call for testimony 2 Close the Public Hearing 3 Direct the City Clerk to open sealed ballot(s), tally vote(s) announce the vote tally and states whether a majority protest exists 4 If no majority protest exists then by motion adopt Resolution No 2007 — approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No 1 PREPARED BY APPROVED FOR AGENDA BY MATT N PRESSEY DIRECTOR OF ADMI ISTRATIVE SERVICES MANAGER' AGENDA ITEM NO 7-3_ PAGE a OF_�' PROJECT SITE L� t �J \g? LE= SCALE 1 - 75 vx O YAP 110 M The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006 07 Annexation No 14 to the Landscape and Street Lighting Maintenance District No 1 Assessment Diagram Page 6 of 6 AGENDA REM NO RESOLUTION NO 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO 1 AS ANNEXATION AREA NO 14 (TRIESTE) WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code of the State of California (the Act ) did on the 12th day of December, 2006 adopt a resolution initiating proceedings for the annexation of certain property (the Annexed Area ) into the Landscape and Street Lighting District No 1 (the District ) as Annexation Area No 14 (Trieste), (the Annexation ) for the purposes provided therefore in the Act and WHEREAS said Resolution was duly and legally published in the time form and manner as required by law and which Resolution is on file in the Office of the City Clerk and WHEREAS Proposition 218 the Right to Vote on Taxes Act does hereby require that if the assessment is new a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the Annexation and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice and WHEREAS the property owner of said Annexation has submitted a signed and notarized petition and an assessment ballot in favor of the proposed assessment against the Annexation and WHEREAS the property owner by signing said petition, hereby waives the statutory requirements for the 45 day noticing period for the public hearing and rights of majority protest and WHEREAS said petition and assessment ballot is on file in the Office of the City Clerk and WHEREAS the City has prepared a diagram attached as Exhibit A which is designated Landscape and Street Lighting District No 1, Annexation Area No 14 (Trieste) showing the boundaries of the Annexation, which are AGENDA ITEM NO 2 PAGE--�/_OF 9 CITY COUNCIL RESOLUTION NO 2007 Page 2 of 6 benefited by the improvements and the amount to be assessed against each of the parcels within the Annexation and WHEREAS the diagram and assessment have been filed with the City Clerk and are open to public inspection and may be referred to for all details regarding the improvements the boundary of the Annexation, the assessments, the total costs and the description of the parcel to be assessed, and WHEREAS the City Council has examined and considered the diagram, the assessments and the proceedings prior thereto, and WHEREAS, said City Council having duly received and considered evidence oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 That the above recitals are true and correct SECTION 2 That the City hereby proposes an annual levy of assessments for the Landscape and Street Lighting District No 1, Annexation Area No 14 (Trieste) Installation construction, or maintenance of any authorized improvements under the Act including, but not limited to streetlight and landscape improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof SECTION 3 The City Manager has directed to cause the preparation of a report in accordance with Article 4 of the Act for the Annexation and which is on file with the City Clerk SECTION 4 A diagram for the Annexation (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be benefited and assessed for the AGENDA ITEM NO 3 PAGE —S OF —q CITY COUNCIL RESOLUTION NO 2007 Page 3 of 6 improvements has been prepared as Exhibit "A The diagram, assessments, and improvement plans have been filed with the City Clerk SECTION 5 The City Council hereby finds that each and every part of the Engineers Report is sufficient and the City Council hereby approves, passes on and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk SECTION 6 The City Council does hereby reference the Engineers Report that indicates the amount of the assessments, the Annexation boundary detailed description of improvements and the method of assessment The Engineer s Report is on file in the office of the City Clerk and reference to the Engineer s Report is hereby made for all particulars SECTION 7 The City Clerk shall certify to the adoption of this Resolution SECTION 8 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 23`d day of January 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert E Magee, Mayor City of Lake Elsinore AGENDA ITEM NO 2-3 PAGE--j�' OF 9 CITY COUNCIL RESOLUTION NO 2007 Page 4 of 6 ATTEST Frederick Ray City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO ? PAGEZOF_ EXHIBIT A ANNEXATION NO 14 (TRIESTE) TO LANDSCAPE AND STREET LIGTHTING MAINTENANCE DISTRICT NO 1 AGENDA ITEM NO 0,3 PAGE `a OF 9 NpWIY YAP W 611E YiAC .awYn SCALE 1 75 The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2006 07 Annexation No 14 to the Landscape and Street Lighting Maintenance District No 1 Assessment Diagram Page 6 of 6 AGENDA ITEM NO N CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE JANUARY 23, 2007 SUBJECT PUBLIC HEARING - APPROVING FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS, APPROVING THE FORMATION OF CFD 2006 -9 (TRIESTE), TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION, CANVASSING ELECTION RESULTS, AUTHORIZING LEVY OF SPECIAL TAXES BACKGROUND On December 12, 2006, the City adopted a resolution approving a Deposit and Reimbursement Agreement a resolution of intention to form Community Facilities District (CFD) 2006 9 (Trieste), and a resolution of intention to incur bonded indebtedness to finance the facilities DISCUSSION The Developer plans to develop 121 condominium units (the Project ) Fee Deposit and Reimbursement Agreements Development costs are only eligible for reimbursement with CFD funding if paid after the bonds are issued Given the nature of the proposed reimbursable costs and the timing of when bonds will be issued, two Fee Deposit and Reimbursement agreements are necessary for the fees to be reimbursed from the CFD bond proceeds City and MBK Homes, Ltd — Under the agreement, the City will hold as a fee deposit the equivalent amount of the developer fees The City will be paid the developer fees from the future bond proceeds and the deposit collected from the developer would be reimbursed to the developer If the bonds do not go forward the fee deposit will be released to the City , r AGENDA ITEM N0, PAGE__—L_OF ��� REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 2 City, MBK Homes, Ltd and EVMWD — Since EVMWD is participating in the proposed CFD a Fee Deposit and Reimbursement Agreement between the City, EVMWD and the Developer is necessary The agreement before you for approval relates to EVMWD fees Under the agreement, the City will hold as a fee deposit the equivalent amount of the developer fees paid for EVMWD fees EVMWD will be paid the fees from the future bond proceeds and the deposit collected from the developer will be reimbursed to the developer If the bonds do not go forward, the fee deposit will be released to EVMWD Special Tax The average residential special tax is estimated at $2,895 The annual CFD Special Taxes when combined with all other property taxes applicable to the Project, have been established so as not to exceed 1 99% of the anticipated residential home prices within the project which is within the 2% City CFD guidelines The 2% maximum tax rate includes estimates for the City development impact fees ( City Fees ) EVMWD sewer and water capacity fees ( EVMWD Fees ), LEUSD impact fees and if sufficient bonding capacity is available City improvements (collectively City Facilities ) and EVMWD improvements (collectively `EVMWD Facilities ) 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 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 Bond Issue In order to finance the facilities it is necessary to incur bonded indebtedness The not to exceed amount is $5 000 000 The bond issue is expected to be approximately $4 26 million It is anticipated that the bond issue will have a level annual debt service AGENDA ITEM NO PAGE ' OF/26 REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 3 Parks, Open Space and Storm Drains Operation and Maintenance 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 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 13 of the RMA, residential property will be assessed $251 78 per single family unit and $125 89 per multifamily unit for FY 2007 08 FISCAL IMPACT The administrative cost of forming the district incurred by the City will be paid by a deposit made by the developer Repayment of the bonds are secured by the special taxes levied on all property within the district other than those properties that are exempt as provided in the respective rate and method of apportionment The City will however be faced with a long term obligation going forward to maintain the City public facilities constructed as part of the development RECOMMENDATION This is an advertised Public Hearing The following is recommended to the City Council AGENDA ITEM NO PAGE : OF aD REPORT TO CITY COUNCIL JANUARY 23, 2007 PAGE 4 1 Open the Public Hearing and call for testimony 2 Close the Public Hearing 3 Adopt Resolution No 2007 — L approving two Fee Deposit and Reimbursement Agreements 4 Adopt Resolution No 2007 — approving the formation of the District 5 Adopt Resolution No 2007 — to incur bonded indebtedness and calling a special election 6 Direct the City Clerk to open sealed ballot(s) tally vote(s) announce the vote tally and state whether 2/3 of the voters are in favor 7 Adopt Resolution No 2007 — ordering canvassing of the election results 8 Conduct first reading of the Ordinance No 012� authorizing the levy of special tax O 's : 1 t APPROVED FOR AGENDA BY MATT N PRESSEY DIRECTOR OF AD INISTRATIVE SERVICES MANAGER'S AGENDA ITEM NO,� PAGE„— —"1_0F.ZR0 City of Lake Elsinore Exhibit A January 11 2007 CFD No 2006 9 (Trieste) Page A 1 Boundary Map PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No 2006 -9 OF THE CITY OF LAKE ELSINORE (TRIESTE) COUNTY OF RIVERSIDE STATE OF CALIFORNIA GLE ! G iY N W SOME LEGEt✓D dsMbt N.�gAIIr m[o Mc mia a nr n aex v rrt n a u�r nsmaAe M! �� v _mon �ooe �(� rtd nor w¢ nv�ron[�, ca anw�a� rz!rc wr�ovl"usA'�eRrvoK � M: n wwa a M: n s w¢ uvmx asAU somuo YEFM uauo wM a M: _ Or _� 1W1 Bx R x[60l llpl xw _� I11F0 M W IF MM. IM xiv 6 Tq�q.W�0.0M� 6 YAPS M[ MIfL V At COAV�QMSS �M: CpM p �GGSR. R Gf 4iCIM LOLMIY W MW RRPf1C[ M �[A K CM1Y wffi.9SOR MATS Q C( M£Y ftSQP11Gl f! AAYlI NC .NO LW[NSMS Q \ELSINORE \CFD 2006 9 Tr este\repom \CFD Repon 2006 9 (Tne te) doc AGENDA ITEM N0 2� PAOL.L ,pF /�?Q City of Lake Elsinore CFD No 2006 9 (Trieste) COMMUNITY FACILITIES DISTRICT REPORT IV Cost Estimate January 11 2007 Page 4 The cost estimate for the facilities described in Section III is set forth below The actual facilities to be financed will ultimately be determined in accordance with the Funding Construction and Acquisition Agreement between the City and Developer Community Facilities District No 2006 -9 (Trieste) Estimated Facilities Costs Facilities Cost Estimate City Improvements Traffic Signal Improvements $ 302 273 Park Improvements $ 1 500 000 City Impact Fees $ 707 727 Park Capital Improvement Fund Fee $ 206 184 Traffic Impact Fee $ 176 416 Library Capital Improvement Fee $ 19 330 Public Building Impact Fee Public Facilities $ 305 797 EVMWD Improvements EVMWD Impact Fees $ 1 463 081 Water Connection Fee $ 756 257 Regional Sewer Fee $ 706 825 LEUSD Improvements LEUSD Impact Fees $ 833 223 Total Estimated Cost $ 4 806 304 It should be noted that the facilities cost estimates include all indirect costs such as project management design engineering right of way engineering soils engineering and testing plan checking permits fees advertisement and award costs and inspections Actual costs may differ from the amounts shown which are estimates only and are not intended to be maximum limits in what may be expended Q \ELSINORE \CFD 2006 9 TnesW \reports \CFD Report 2006 9 (Tneste) dm AGENDA ITEM NO PAGE 6 OF �/,)b 458(43081 FEE DEPOSIT AND REIMBURSEMENT AGREEMENT by and between CITY OF LAKE ELSINORE and MBK HOMES LTD relating to CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 9 (TRIESTE) AGENDA ITEM NO 24 PAGE--�-OF-ZRP FEE DEPOSIT AND REIMBURSEMENT AGREEMENT THIS FEE DEPOSIT AND REIMBURSEMENT AGREEMENT (the Agreement ) is entered into effective as of the 23rd day of January 2007 by and between the CITY OF LAKE ELSINORE a city duly organized and existing under the laws of the State of California ( City ) and MBK HOMES, LTD a California limited partnership ( Property Owner ) and relates to the proposed formation by City of a community facilities district to be known as City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) (the CFD ) RECITALS A The property described and depicted in Exhibit A hereto (the Property ) is proposed to constitute the land within the boundaries of the CFD B Property Owner intends to develop the Property for residential purposes and has obtained or intends to obtain the necessary development approvals to construct approximately 121 residential units on the Property as such development may be modified from time to time (the Project ) C The Project will require the payment pursuant to the land use entitlements conditions of approval existing City ordinances and resolutions and development agreement for and applicable to the Project (the Project Conditions ) of certain City Fees (defined below) D In conjunction with the recording of the final subdivision map(s) for the Project applicable to issuance of grading permits and /or the issuance of building permits for the construction of homes within the Project Property Owner or its successors or assigns may elect to provide a security deposit to cover City Fees to the City (the Deposit ) before any Bond Proceeds are available to pay the City Fees In such case Property Owner shall be entitled to (1) reimbursement of such Deposits and (n) credit for payments made to the City from Bond Proceeds of the City Fees which would otherwise be due to the City in conjunction with the Project all as further described herein AGREEMENT NOW THEREFORE in consideration of the mutual promises and covenants set forth herein the parties hereto agree as follows 1 Recitals Each of the above recitals is incorporated herein and is true and correct 2 Definitions Unless the context clearly otherwise requires the terms defined in this Section shall for all purposes of this Agreement have the meanings herein specified (a) Act means the Mello Roos Community Facilities Act of 1982 Chapter 2 5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code AGENDA ITEM NO -�- 4 9(41091 1 PAGE--L-OF/;?6 (b) Bond Proceeds or Proceeds of the Bonds shall mean those net funds generated by the sale of the Bonds and investment earnings thereon (c) Bonds shall mean those bonds or other securities issued by or on behalf of the CFD in one or more series as authorized by the qualified electors within the CFD (d) Deposits means an amount deposited with the City by Property Owner as security for City Fees and which are eligible for refund by the City upon the sale of Bonds (e) City Fees means the fees and charges and all components thereof imposed by the City upon the Project pursuant to the Project Conditions (1) Party or Parties shall mean any one or all of the parties to this Agreement (g) State means the State of California 3 Proposed Formation of the CFD City will undertake to analyze the appropriateness of forming the CFD City will retain at the expense of the Property Owner the necessary consultants to analyze the proposed formation of the CFD 4 Sale of Bonds and Use of Proceeds In the event that the CFD is formed the City Council acting as the legislative body of the CFD may in its sole discretion finance among other things the City Fees by issuing the Bonds As required by the Project Conditions it may be necessary for Property Owner or its successors or assigns to make Deposits before Bonds are issued Upon the issuance and sale of the Bonds Property Owner may execute and submit a payment request in substantially the form attached hereto as Exhibit B to the CFD requesting disbursement to the City of an amount equal to all Deposits from Bond Proceeds Within ten (10) business days of the City s receipt of funds pursuant to such disbursement request the City shall return the Deposits to Property Owner In the event Bonds are not issued within twelve (12) months of the date of any Deposit such Deposit may be applied to pay the City Fees and shall no longer be reflected as a deposit on the accounts of the City 5 Indemnification Property Owner shall assume the defense of indemnify and save harmless City and the CFD their respective officers and employees and each and every one of them from and against all actions damages claims losses or expenses of every type and description to which they may be subjected or put by reason of or resulting from any act or omission of Property Owner with respect to this Agreement provided however that Property Owner shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers agents or employees 6 Amendment and Assignment This Agreement may be amended at any time but only in writing signed by each party hereto This Agreement may be assigned in whole or in part by the Property Owner to the purchaser of any parcel of land within the Property provided however such assignment shall not be effective unless and until the City has been notified in writing of such assignment AGENDA ITEM NO 4 45864308 1 2 PAGE / q OF. 7 Entire Agreement This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement 8 Notices Any notice payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy two hours following deposit of the same in any United States Post Office in California registered or certified postage prepaid addressed as follows City City of Lake Elsinore 130 S Main Street Lake Elsinore California 92530 Arm City Manager Property Owner MBK Homes Ltd 175 Technology Drive Suite 200 Irvine California 92618 Attn Patti Gillespie Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto 9 Attorneys Fees In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement the Party in whose favor final ,judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit including reasonable attorneys fees 10 Severability If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction the remainder of this Agreement shall be given effect to the fullest extent reasonably possible 11 Governing Law This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California 12 Waiver Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party hereto or the failure by a party to exercise its rights upon the default of another party shall not constitute a waiver of such party s right to insist and demand strict compliance by such other party with the terms of this Agreement thereafter 13 No Third Party Beneficiaries No person or entity other than the CFD when and if formed shall be deemed to be a third party beneficiary hereof and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity other than the City the CFD and Property Owner (and their respective successors and assigns exclusive of individual homebuyers) any rights remedies obligations or liabilities under or by reason of this Agreement AGENDA ITEM NO 2q 45964308 I 3 PAGE,1L)—OF /a0 14 Singular and Plural, Gender As used herein the singular of any word includes the plural and terms in the masculine gender shall include the feminine 15 Counterparts This Agreement may be executed in counterparts each of which shall be deemed an original but all of which shall constitute but one instrument IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year written above CITY OF LAKE ELSINORE a municipal corporation M ATTEST FREDERICK RAY, CITY CLERK FREDERICK RAY APPROVED AS TO FORM LEIBOLD, McCLENDON & MANN, P C CON Attorney Im BARBARA ZEID LEIBOLD Mayor MBK HOMES, LTD a California limited partnership By MBK Residential Inc a California corporation its sole general partner M 4S8(4308 1 Tim Kane President AGENDA ITEM NO 2- 4 PAGE-Z/_OFLa EXHIBIT A DESCRIPTION OF PROPERTY LEGAL DESCRIPTION 45864308 1 AGENDA ITEM NO PAGE,Z-,,')--OFLR O BOUNDARY MAP 45864308 1 AGENDA ITEM NO 2H____ PAGE-Z=L-OF.Z,aD EXHIBIT B DISBURSEMENT REQUEST FORM 1 City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) ( CFD ) is hereby requested to pay from the CFD bond proceeds to the City of Lake Elsinore (the City ) as Payee the sum set forth in 3 below 2 The undersigned certifies that the amount requested for City Fees is due and payable and has not formed the basis of prior request or payment 3 Amount requested For Lot Nos 4 The amount set forth in 3 above is authorized and payable pursuant to the terms of the Fee Deposit and Reimbursement Agreement by and between the CITY OF LAKE ELSINORE and MBK HOMES LTD dated January 23 2007 (the Agreement ) Capitalized terms not defined herein shall have the meaning set forth in the Agreement MBK HOMES, LTD a California limited partnership By MBK Residential Inc a California corporation its sole general partner 0 Date cc City of Lake Elsinore Finance Dept 45964308 1 Tim Kane President AGENDA ITEM NO _ Z4 PAGE--Z-Y - OFL-2a 458643201 FEE DEPOSIT AND REIMBURSEMENT AGREEMENT by and among CITY OF LAKE ELSINORE ELSINORE VALLEY MUNICIPAL WATER DISTRICT and MBK HOMES LTD relating to CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 9 (TRIESTE) AGENDA ITEM NO --2U_ PAGE�OF,L FEE DEPOSIT AND REIMBURSEMENT AGREEMENT THIS FEE DEPOSIT AND REIMBURSEMENT AGREEMENT (the Agreement ) is entered into effective as of the 23rd day of January 2007 by and among the CITY OF LAKE ELSINORE a city duly organized and existing under the laws of the State of California ( City ) ELSINORE VALLEY MUNICIPAL WATER DISTRICT County of Riverside State of California a municipal water district ( EVMWD ) and MBK HOMES, LTD a California limited parnership ( Property Owner) and relates to the proposed formation by City of a community facilities district to be known as City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) (the CFD ) RECITALS A The property described and depicted in Exhibit A hereto (the Property ) is proposed to constitute the land within the boundaries of the CFD B Property Owner intends to develop the Property for residential purposes and has obtained or intends to obtain the necessary development approvals to construct approximately 121 residential units on the Property as such development may be modified from time to time (the Project ) C The Project will require the payment pursuant to the rules and regulations of EVMWD as amended from time to time applicable to the Project (the Project Conditions ) of certain EVMWD Charges (defined below) D In conjunction with the recording of the final subdivision map(s) for the Project the issuance of building permits for the construction of homes within the Project and/or receipt of water meters for such homes Property Owner or its successors or assigns may elect to provide a security deposit to cover EVMWD Charges to EVMWD (the Deposit ) before any Bond Proceeds are available to pay the EVMWD Charges In such case Property Owner shall be entitled to (i) reimbursement of such Deposits and (n) credit for payments made to EVMWD from Bond Proceeds of the EVMWD Charges which would otherwise be due to EVMWD in conjunction with the Project all as further described herein AGREEMENT NOW THEREFORE in consideration of the mutual promises and covenants set forth herein the parties hereto agree as follows 1 Recitals Each of the above recitals is incorporated herein and is true and correct 2 Definitions Unless the context clearly otherwise requires the terms defined in this Section shall for all purposes of this Agreement have the meanings herein specified (a) Act means the Mello Roos Community Facilities Act of 1982 Chapter 2 5 (commencing with Section 53311) of Part I of Division 2 of Title 5 of the California Government Code AGENDA ITEM NO 2�-[ 4W4320 i 1 PAGE. /6 0P Z20 (b) Bond Proceeds or Proceeds of the Bonds shall mean those net funds generated by the sale of the Bonds and investment earnings thereon (c) Bonds shall mean those bonds or other securities issued by or on behalf of the CFD in one or more series as authorized by the qualified electors within the CFD (d) Deposits means an amount deposited with EVMWD by Property Owner as security for EVMWD Charges and which are eligible for refund by EVMWD upon the sale of Bonds (e) EVMWD Charges means water connection fees sewer connection fees annexation fees sewer treatment capacity charges and all components thereof of EVMWD imposed upon the Project to pay for the provision of water and sewer services to and the construction of EVMWD water and sewer facilities required to serve the Project Agi eement (f) Party or Parties shall mean any one or all of the parties to this (g) State means the State of California 3 Proposed Formation of the CFD City will undertake to analyze the appropriateness of forming the CFD City will retain at the expense of the Property Owner the necessary consultants to analyze the proposed formation of the CFD 4 Sale of Bonds and Use of Proceeds In the event that the CFD is formed the City Council acting as the legislative body of the CFD may in its sole discretion finance among other things the EVMWD Charges by issuing the Bonds As required by the Project Conditions it may be necessary for Property Owner or its successors or assigns to make Deposits before Bonds are issued Upon the issuance and sale of the Bonds Property Owner may execute and submit a payment request in substantially the form attached hereto as Exhibit B to the CFD requesting disbursement to EVMWD of an amount equal to all Deposits from Bond Proceeds Within ten (10) business days of EVMWD s receipt of funds pursuant to such disbursement request EVMWD shall return the Deposits to Property Owner In the event Bonds are not issued within twelve (12) months of the date of any Deposit such Deposit may be applied to pay the EVMWD Charges and shall no longer be reflected as a deposit on the accounts of EVMWD 5 Indemnification Property Owner shall assume the defense of indemnify and save harmless the City the CFD and EVMWD their respective officers and employees and each and every one of them from and against all actions damages claims losses or expenses of every type and description to which they may be subjected or put by reason of or resulting from any act or omission of Property Owner with respect to this Agreement provided however that Property Owner shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers agents or employees AGENDA ITEM NO - 2LL _ 458(4320 1 2 PAGE -7-OF 1,>0 6 Disclosure of Special Tax, Calculation of Special Tax Requirement (a) Delivery of Notice From and after the date of this Agreement Property Owner and its successors and assigns shall give a Notice of Special Tax (as defined in Section 6(b) below) to each prospective purchaser of a parcel in the CFD and shall deliver a fully executed copy of each notice to the CFD Property Owner and its successors and assigns shall (i) maintain records of each Notice of Special Tax for a period of five (5) years and (n) shall provide copies of each notice to the CFD promptly following the giving of such notice Property Owner and its successors and assigns shall include the Notice of Special Tax in all Property Owner s and its successors and assigns applications for Final Subdivision Reports required by the Department of Real Estate ( DRE ) which are filed after the effective date of this Agreement Property Owner and its successors and assigns shall require as a condition precedent to close an escrow for the sale of real property to a developer acquiring lots (a Residential Developer ) that such Residential Developer shall (i) maintain records of each Notice of Special Tax for a period of five (5) years (n) provide copies of each notice to the CFD promptly following the giving of such notice and (in) include the Notice of Special Tax in all of such Residential Developer s applications for Final Subdivision Reports required by DRE (b) Notice of Special Tax With respect to any parcel the term Notice of Special Tax means a notice in the form prescribed by California Government Code Section 53341 5 which is calculated to disclose to the purchaser thereof (i) that the property being purchased is subject to the special tax of the CFD (n) the land use classification of such property (in) the maximum annual amount of the special tax and the number of years for which it will be levied (iv) if available at the time such notice is delivered an indication of the amount of special tax to be levied on such property for the following fiscal year and (v) the types of facilities or services to be paid for with the proceeds of the special tax (c) Notice to Subsequent Purchasers The CFD will file with the Riverside County Recorder a notice of special tax lien that gives notice of the existence of the CFD and the levy of the special tax on property within the CFD for the benefit of subsequent property owners pursuant to requirements of Section 3114 5 of the Streets and Highways Code (d) Information Sheet and Sample Property Tax Bill Property Owner and its successors and assigns shall provide each purchaser of property with a sample property tax bill in a form approved by the CFD Property Owner and its successors and assigns shall provide prospective purchasers of homes an information sheet in the sales office in the form set forth in Exhibit C attached hereto and incorporated herein by this reference 7 Amendment and Assignment This Agreement may be amended at any time but only in writing signed by each party hereto This Agreement may be assigned in whole or in part by the Property Owner to the purchaser of any parcel of land within the Property provided however such assignment shall not be effective unless and until the City and EVMWD have been notified in writing of such assignment AGENDA ITEM NO 45864320 1 3 PAGE-Lr OF, o o 8 Entire Agreement This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement 9 Notices Any notice payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy two hours following deposit of the same in any United States Post Office in California registered or certified postage prepaid addressed as follows City City of Lake Elsinore 130 S Main Street Lake Elsinore California 92530 Arm City Manager EVMWD Elsinore Valley Municipal Water District 31315 Chaney Street Lake Elsinore California 92530 Attn General Manager Property Owner MBK Homes Ltd 175 Technology Drive Suite 200 Irvine California 92618 Attn Patti Gillespie Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto 10 Attorneys Fees In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit including reasonable attorneys fees 11 Severability If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction the remainder of this Agreement shall be given effect to the fullest extent reasonably possible 12 Governing Law This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California 13 Waiver Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party hereto or the failure by a party to exercise its rights upon the default of another party shall not constitute a waiver of such party s right to insist and demand strict compliance by such other party with the terms of this Agreement thereafter 14 No Third Party Beneficiaries No person or entity other than the CFD when and if formed shall be deemed to be a third party beneficiary hereof and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity other than the City,-�`� AGENDA ITEM NO 45864320 4 PAGE / 5 OFL21) the CFD EVMWD and Property Owner (and their respective successors and assigns exclusive of individual homebuyers) any rights remedies obligations or liabilities under or by reason of this Agreement 15 Singular and Plural, Gender As used herein the singular of any word includes the plural and terms in the masculine gender shall include the feminine 16 Counterparts This Agreement may be executed in counterparts each of which shall be deemed an original but all of which shall constitute but one instrument AGENDA ITEM NO `Z 4 8643201 5 PAGE ab OF� IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year written above ATTEST FREDERICK RAY, CITY CLERK : FREDERICK RAY APPROVED AS TO FORM LEIBOLD, McCLENDON & MANN, P C City Attorney : CITY OF LAKE ELSINORE a municipal corporation Lo Mayor ELSINORE VALLEY MUNICIPAL WATER DISTRICT LM General Manager of the Elsinore Valley Municipal Water District MBK HOMES, LTD a California limited partnership By MBK Residential Inc a California corporation its sole general partner By Tim Kane President AGENDA ITEM NO 458643201 6 PAGE._L,OFJ,20 EXHIBIT A DESCRIPTION OF PROPERTY LEGAL DESCRIPTION AGENDA ITEM NO 458(4320 1 PAGE-Q_OFf, -TD BOUNDARY MAP AGENDA ITEM NO 458r4320 1 PAGE_-52-30E-Z�R-D EXHIBIT B DISBURSEMENT REQUEST FORM 1 City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) ( CFD ) is hereby requested to pay from the CFD bond proceeds to the Elsinore Valley Municipal Water District ( EVMWD ) as Payee the sum set forth to 3 below 2 The undersigned certifies that the amount requested for EVMWD Charges is due and payable and has not formed the basis of prior request or payment 3 Amount requested For Lot Nos 4 The amount set forth in 3 above is authorized and payable pursuant to the terms of the Fee Deposit and Reimbursement Agreement by and among the CITY OF LAKE ELSINORE ELSINORE VALLEY MUNICIPAL WATER DISTRICT and MBK HOMES LTD dated January 23 2007 (the Agreement) Capitalized terms not defined herein shall have the meaning set forth in the Agreement MBK HOMES, LTD a California limited partnership By MBK Residential Inc a California corporation its sole general partner IM Date cc City of Lake Elsinore Finance Dept 4564320 1 Tim Kane President AGENDA ITEM NO --2LL_ PAGE a'`i' OFD EXHIBIT C FORM OF INFORMATION SHEET 1 WHAT IS COMMUNITY FACILITIES DISTRICT (CFD) NO 9 CFD No was formed pursuant to the Mello Roos Community Facilities Act of 1982 to finance 2 WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT BILLED9 The property owner is responsible for paying the CFD No special tax which will appear as a separate line item on your property tax bill along with your regular property taxes 3 HOW MUCH WILL MY SPECIAL TAX BE" The special tax is based upon the size of the home The assigned and maximum special taxes for CFD No for the [2005 06] Fiscal Year are summarized below 4 HOW LONG WILL I HAVE TO PAY THE CFD NO SPECIAL TAX9 The CFD No special tax will not be collected after calendar year 20_ 5 CAN THE SPECIAL TAXES BE PREPAID" Homeowners have the option of prepaying their CFD No special tax anytime For prepayment information please contact the administrator for the special taxes 6 WHERE CAN I GET MORE INFORMATION? For more information in regards to CFD No contact the the City of Lake Elsinore administrator 459(4320 1 AGENDA ITEM NO PAGE o?S OF/-10 Assigned Classification Home Size Special Tax 1 Residential Property $ /dwelling unit Greater than sq ft 2 Residential Property $_ /dwelling unit sq ft — sq ft 3 Residential Property $_ /dwelling unit sq ft — sq ft 4 Residential Property $ /dwelling unit Less than or equal to sq ft 4 HOW LONG WILL I HAVE TO PAY THE CFD NO SPECIAL TAX9 The CFD No special tax will not be collected after calendar year 20_ 5 CAN THE SPECIAL TAXES BE PREPAID" Homeowners have the option of prepaying their CFD No special tax anytime For prepayment information please contact the administrator for the special taxes 6 WHERE CAN I GET MORE INFORMATION? For more information in regards to CFD No contact the the City of Lake Elsinore administrator 459(4320 1 AGENDA ITEM NO PAGE o?S OF/-10 RESOLUTION NO 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS RELATING TO THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 -9 (TRIESTE) WHEREAS the City Council (the "Council ) of the City of Lake Elsinore (the 'City ) has heretofore adopted Resolution No 2006 -205 ( Resolution of Intention ) stating its intention to form City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) (the CFD ) pursuant to the Mello Roos Community Facilities Act of 1982, as amended (the "Act ), and WHEREAS the developer with respect to the CFD intends to make a security deposit with the City and EVMWD to cover certain City capital fees and EVMWD capital fees respectively, which are eligible for refund upon the sale of the Bonds and the payment of such City capital fees and EVMWD capital fees from the proceeds of such Bonds NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The City Council hereby approves the Fee Deposit and Reimbursement Agreements in substantially the forms presented to the City Council at this meeting The Mayor, the City Manager and the Director of Administrative Services are hereby authorized to execute the Fee Deposit and Reimbursement Agreements 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 AGENDA ITEM NO 24 PAGE LR OF /00 CITY COUNCIL RESOLUTION NO 2007-. PAGE 2 OF 3 PASSED, APPROVED AND ADOPTED this 23rd day of January 2007 by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederick Ray, CMC, City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore Robert E Magee, Mayor City of Lake Elsinore AGENDA ITEM NO 2 L PAGE OF [aD RESOLUTION NO 2007- RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 -9 (TRIESTE) WHEREAS, the City Council (the Council ) of the City of Lake Elsinore (the City ) has heretofore adopted Resolution No 2006 205 ( Resolution of Intention ) stating its intention to form City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) (the CFD ) pursuant to the Mello Roos Community Facilities Act of 1982 as amended (the Act ) and WHEREAS a copy of the Resolution of Intention is on file with the City Clerk and incorporated herein by reference and WHEREAS pursuant to the Act and in accordance with applicable laws, this Council held a public hearing on the formation of the CFD and the incurring of bonded indebtedness with respect to the CFD and WHEREAS, at said hearing all persons not exempt from the Services Special Tax and the Special Tax desiring to be heard on all matters pertaining to the formation of the CFD were heard and a full and fair hearing was held, and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 Pursuant to Section 53325 1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act SECTION 2 A community facilities district to be designated ` City of Lake Elsinore Community Facilities District No 2006 -9 (Trieste) is hereby established pursuant to the Act AGENDA ITEM NO PAGE�OF L CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 6 SECTION 3 The description and map of the boundaries of the CFD on file in the Clerk's office and as described in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of the CFD The map of the proposed boundaries of the CFD has been recorded in the Office of the County Recorder of Riverside County, California (Book 69 of Maps of Assessment and Community Facilities District at page 77 and as Instrument No 2006 0954592) SECTION 4 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 territory within the CFD prior to the formation of the CFD and do not supplant services already available within the territory proposed to be included in the CFD, the costs of administering 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 hen 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 described in detail in Exhibit A attached hereto and by this reference incorporated herein The Services are more fully described in the report presented to this Council at the public hearing (the "Report ") The Services Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325 3 of the Act SECTION 5 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 authorized 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 occurring within the proposed CFD including but not limited to City park and traffic signal improvements, City capital facilities fees Elsinore Valley Municipal Water District water and sewer capital facilities fees and Lake Elsinore Unified School District capital fees and related costs including designs inspections, professional fees, annexation fees, connection AGENDA ITEM NO L�____ PAGE 129' OF L;7 b CITY COUNCIL RESOLUTION NO 2007 - PAGE 3 OF 6 fees and acquisition costs (the Facilities ) Such Facilities need not be physically located within the CFD The Facilities are more fully described in the Report SECTION 6 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 principal of and interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, the establishment and replenishment of reserve funds the remarketing, credit enhancement and liquidity fees the costs of administering 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, engineering inspection, legal, fiscal, and financial consultant fees, discount fees, interest on bonds due and payable prior 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 printing 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 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 described in detail in Exhibit A attached hereto and by this reference incorporated herein The Special Tax is based upon the cost of financing the Facilities in the CFD, the demand that each parcel will place on the Facilities and the benefit (direct and /or indirect) received by each parcel from the Facilities The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325 3 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 private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels AGENDA ITEM NO ,q_ PAGE 3�(' _OFD CITY COUNCIL RESOLUTION NO 2007 - PAGE 4 OF 6 within the CFD by more than 10 percent Furthermore, the maximum special tax authorized to be levied against any parcel used for private residential purposes shall not be increased over time in excess of 2 percent per year SECTION 7 Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114 5 of the Streets and Highways Code a continuing lien to secure each levy of the Services Special Tax and the Special Tax shall attach to all real property in the CFD, and the lien with respect to the Special Tax shall continue in force and effect until the Special Tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law and the lien with respect to the Services Special Tax and the Special Tax shall continue in force and effect until collection of the Services Special Tax and the Special Tax by the CFD ceases SECTION 8 Neither the proposed Services Special Tax nor the Special Tax to be levied in the CFD has been precluded by protests by owners of one half or more of the land in the territory included in the CFD pursuant to Government Code Section 53324 SECTION 9 Pursuant to and in compliance with the provisions of Government Code Section 50075 1, the Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Services Special Tax and the Special Tax (a) Such Services Special Tax and the Special Tax shall be levied for the specific purposes set forth herein (b) The proceeds of the levy of such Services Special Tax and the Special Tax shall be applied only to the specific purposes set forth herein (c) The CFD shall establish an account or accounts into which the proceeds of such Services Special Tax and the Special Tax shall be deposited (d) The City Manager, or his or her designee, acting for and on behalf of the CFD shall annually file a report with the Council as required pursuant to Government Code Section 50075 3 AGENDA ITEM NO —a PAGE-=91( OF ?D CITY COUNCIL RESOLUTION NO 2007 - PAGE 5 OF 6 SECTION 10 The City Manager, 130 S Main Street, Lake Elsinore, California 92530, (951) 674 -3124 or his designee is designated to be responsible for preparing or causing to be prepared annually a current roll of Services Special Tax and the Special Tax levy obligations by assessors parcel number and for estimating future Services Special Tax and the Special Tax levies pursuant to Section 53340 1 of the Government Code SECTION 11 The voting procedure with respect to the imposition of the Services Special Tax and the Special Tax, incurring bonded indebtedness and establishing an appropriations limit of the CFD shall be by hand delivered or mailed ballot election SECTION 12 The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the incurring bonded indebtedness, the levy of the Special Tax, and the establishment of the appropriation limit SECTION 13 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 23rd day of January 2007 by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS I ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS Robert E Magee, Mayor City of Lake Elsinore AGENDA ITEM NO PAGE 302 OFLC—> CITY COUNCIL RESOLUTION NO 2007 - PAGE 6 OF 6 ATTEST Frederick Ray, CMC, City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO PAGE 33 OFAD EXHIBIT A RATE AND METHOD OF APPORTIONMENT AGENDA ITEM NO 9,4 PAGE 3;7"6- OF/.;to THESE PAGES INTENTIONALLY LEFT BLANK AGENDA ITEM N0. �(_ PAQM 3 0F�D RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT No 2006 9 OF THE CITY OF LAKE ELSINORE (TRIESTE) A Special Tax shall be levied on all Assessor s Parcels in Community Facilities District No 2006 9 of the City of Lake Elsinore (Trieste) ( CFD No 2006 9 ) and collected each Fiscal Year commencing in Fiscal Year 2007 2008 in an amount determined through the application of this Rate and Method of Apportionment as described below All of the real property in CFD No 2006 9 unless exempted bylaw or by the provisions hereof shall be taxed for the purposes to the extent and in the manner herein provided 0 The terms hereinafter set forth have the following meanings "Acre" or "Acreage" means the land area of an Assessors Parcel as shown on or determined from the applicable Assessors Parcel Map Notwithstanding the foregoing the Acreage attributable to a Condominium shall be computed by the CFD Administrator by dividing the total Acreage for the Final Subdivision in which the Condominium is located less the Acreage for any Property Owner Association Property and/or Public Property by the total number of Condominiums to be constructed within such Final Subdivision as determined from the applicable Condominium Plan "Act" means the Mello Roos Community Facilities Act of 1982 being Chapter 2 5 Part I Division 2 of Title 5 of the California Government Code "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No 2006 9 the costs of computing the Special Taxes and preparing the annual 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 to the Trustee the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture the costs to the City CFD No 2006 9 or any designee thereof of complying with arbitrage rebate requirements the costs to the City CFD No 2006 9 or any designee thereof of complying with disclosure requirements of the City CFD No 2006 9 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 2006 9 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 2006 9 for any other administrative purposes of CFD No 2006 9 including attorney s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes City of Lake Elsinore ovember 7 2006 Community Facilities District No 2006 9 (Trieste) PAGE_ - Ol Page 1 'Assessor's Parcel" means a lot or parcel including but not limited to Condominiums to which an Assessor s parcel number is assigned as determined from an Assessor s Parcel Map or the applicable assessment roll "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor s Parcel number "Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land Use Class of Developed Property as determined in accordance with Section C 1 (b) below "Authorized Facilities" means those facilities eligible to be funded by CFD No 2006 9 "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessors Parcel of Developed Property as determined in accordance with Section C 1 (c) below ' Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents "CFD Administrator" means an official of the City or designee thereof responsible for determining the Special Tax Requirement for Facilities the Special Tax Requirement for Services as determined in accordance with Section I below and providing for the levy and collection of the Special Taxes CFD No 2006 9" means Community Facilities District No 2006 9 of the City of Lake Elsinore (Trieste) "CFD No 2006 9 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act) whether in one or more series issued by CFD No 2006 9 and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No 2006 9 under the Act 'City' means the City of Lake Elsinore "Condominium" means a unit meeting the statutory definition of condominium contained in the California Civil Code Section 1351 and for which a condominium plan has been recorded pursuant to California Civil Code Section 1352 "Condominium Plan" means a condominium plan as set forth in the California Civil Code Section 1352 "Council ' means the City Council of the City of Lake Elsinore acting as the legislative body of CFD No 2006 9 County" means the County of Riverside City of Lake Elsinore ovember 7 2006 Community Facilities District No 2006 9 (Trieste) PAQE...,? 9 QF1oZ b Page 2 "Developed Property " means with respect to the Special Tax for Facilities for each Fiscal Year all Taxable Property exclusive of Taxable Public Property and Taxable Property Owner Association Property for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied "Final Subdivision" means a subdivision of property by recordation of (i) a final map or portion thereof approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq ) that creates individual lots for which building permits may be issued or (n) lot line adjustment approved by the City "Fiscal Year" means the period starting July 1 and ending on the following June 30 "Indenture" means the indenture fiscal agent agreement resolution or other instrument pursuant to which CFD No 2006 9 Bonds are issued as modified amended and/or supplemented from time to time and any instrument replacing or supplementing the same "Land Use Class" means any of the classes listed in Table 1 below "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities determined in accordance with Section C below that can be levied 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 permitting the construction of one or more non residential units or facilities has been issued by the City and which is not otherwise Residential Property "Outstanding Bonds" means all CFD No 2006 9 Bonds which are deemed to be outstanding under the Indenture "Property Owner Association Property" means for each Fiscal Year (i) any property within the boundaries of CFD No 2006 9 that was owned by a property owner association including any master or sub association as of January 1 of the prior Fiscal Year (n) any property located in a Final Subdivision that was recorded as of the May 1 preceding the Fiscal Year in which the Special Tax is being levied and which as determined from such Final Subdivision is or will be open space a common area recreation facility or a private street or (in) any property which as of the May 1 preceding the Fiscal Year for which the Special Tax is being levied has been conveyed irrevocably dedicated or irrevocably offered to a property owners association including any master or sub association provided such conveyance dedication or offer is submitted to the CFD Administrator by May 1 preceding the Fiscal Year for which the Special Tax is being levied Notwithstanding the preceding Property Owner Association Property shall not include any property on which Condominiums are or will be located AGENDA ITEM NO 2q City of Lake Elsinore ovember 7 2006 Community Facilities Distract No 2006 9 (Trieste) PAG 0— 1"ZZO Page 3 'Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor s Parcels of Developed Property For Undeveloped Property Proportionately means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessors Parcels of Undeveloped Property The term Proportionately may similarly be applied to other categories of Taxable Property as listed in Section D below "Public Property" means property within the boundaries of CFD No 2006 9 owned by irrevocably offered or dedicated to or over through or under which an easement for purposes of public use has been granted to the federal government the State the County the City or any local government or other public agency provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340 1 of the Act shall be taxed and classified according to its use "Residential Floor Area' means all of the square footage of living area within the perimeter of a residential structure not including any carport walkway garage overhang patio enclosed patio or similar area The determination of Residential Floor Area for an Assessor s Parcel shall be made by reference to the building permit(s) issued for such Assessor s Parcel Such determination shall be final following the issuance of a Certificate of Occupancy for the dwelling unit "Residential Property" means all Assessor s Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City "Special Tax" means any of the special taxes authorized to be levied by CFD No 2006 9 pursuant to the Act "Special Tax for Facilities ' means the special tax to be levied in each Fiscal Year on each Assessors Parcel of Developed Property Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property to fund the Special Tax Requirement for Facilities "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No 2006 9 to (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year (n) pay periodic costs on the CFD No 2006 9 Bonds including but not limited to credit enhancement and rebate payments on the CFD No 2006 9 Bonds due in the calendar year commencing in such Fiscal Year (iii) pay a proportionate share of Administrative Expenses (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property less (vu) a credit for funds available to reduce City of Lake Elsinore - -member 7 2006 Community Facilities District No 2006 9 (Trieste) PAQE �/ Opfap Page 4 the annual Special Tax for Facilities levy as determined by the CFD Administrator pursuant to the Indenture 'State" means the State of California ' Taxable Property" means all of the Assessor s Parcels within the boundaries of CFD No 2006 9 which are not exempt from the Special Tax for Facilities pursuant to law or Section E below "Taxable Property Owner Association Property" means all Assessors Parcels of Property Owner Association Property that are not exempt pursuant to Section E below "Taxable Public Property" means all Assessor s Parcels of Public Property that are not exempt pursuant to Section E below "Trustee" means the trustee or fiscal agent under the Indenture "Undeveloped Property" means for each Fiscal Year all Taxable Property not classified as Developed Property Taxable Property Owner Association Property or Taxable Public Property B ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year all Taxable Property within CFD No 2006 9 shall be classified as Developed Property Taxable Public Property Taxable Property Owner Association Property or Undeveloped Property and shall be subject to the Special Tax for Facilities in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below Residential Property shall be assigned to Land Use Classes 1 through 3 as listed in Table 1 below based on the Residential Floor Area for each unit Non Residential Property shall be assigned to Land Use Class 4 C MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No 2006 9 Bonds the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1) and the Backup Special Tax for Facilities attributable to a Final Subdivision 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 Community Facilities Act of 1982 adopted by the Council the Goals and Policies ) calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City s maximum level objective set forth in such document the Assigned Special Tax for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to a Final Subdivision may be reduced 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 The reductions permitted pursuant to this paragraph shall be reflected in an City of Lake Elsinore AUrNWA 11 CM NU L `i November 7 1006 Community Facilities District No 2006 9 (Trieste) ner!C AC I--2T) page 5 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 Developed Propert y (a) Maximum Special Tax for Facilities The Maximum Special Tax for Facilities for each Assessors Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Facilities or (u) the amount derived by application of the Backup Special Tax for Facilities (b) Assigned Special Tax for Facilities The Assigned Special Tax for Facilities for each Land Use Class is shown below in Table 1 TABLE 1 Assigned Special Tax for Facilities for Developed Property Community Facilities District No 2006 9 Land Use Class Description Residential Floor Area Assigned Special i Tax for Facilities 1 Residential Property More than 2 100 sq ft $3 085 per unit 2 Residential Property 1 800 — 2 100 sq ft $2 891 per unit 3 Residential Property Less than 1 800 sq ft $2 708 per unit 4 Non Residential Property NA $30 518 per Acre (c) Backup Special Tax for Facilities The Backup Special Tax for Facilities attributable to a Final Subdivision will equal $31966 multiplied by the Acreage of all Taxable Property exclusive of any Taxable Property Owner Association Property and Taxable Public Property therein The Backup Special Tax for Facilities for each Assessor s Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessors Parcels and/or residential units for which building permits for residential construction have or may be issued (i e the number or residential lots and/or units) The Backup Special Tax for Facilities for each Assessor s Parcel of Non Residential Property therein shall equal $31966 multiplied by the Acreage of such Assessor s Parcel City of Lake Elsinore November 7 2006 Community Facilities District No 2006 9 (Trieste) PAGE�t/ OF /Qo Page 6 If a Final Subdivision includes Assessor s Parcels of Taxable Property for which building permits for both residential and non residential construction maybe issued exclusive of Taxable Property Owner Association Property and Taxable Public Property then the Backup Special Tax for Facilities for each Assessor s Parcel of Residential Property shall be computed exclusive of the Acreage and Assessor s Parcels of property for which building permits for non residential construction may be issued Notwithstanding the foregoing if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor s Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision then the Backup Special Tax for Facilities for each Assessors Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below The Backup Special Tax for Facilities previously determined for an Assessor s Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated 1 Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification 2 The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area as reasonably determined by the CFD Administrator 3 The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessors Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years in which the Special Tax for Facilities maybe levied (d) Multiple Land Use Classes In some instances an Assessor s Parcel of Developed Property may contain more than one Land Use Class 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 Classes located on that Assessors Parcel The CFD Administrators allocation to each type of property shall be final City of Lake Elsinore ember 7 2006 Community Facilities District No 2006 9 (Trieste) PAGE OF /.--) 6 Page 7 2 Taxable Property Owner Association Property Taxable Public Property, and Undeveloped Property The Maximum Special Tax for Facilities for Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property shall be $31966 per Acre D METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2007 2008 and for each following Fiscal Year the Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities The Special Tax for Facilities shall be levied each Fiscal Year as follows First The Special Tax for Facilities shall be levied on each Assessor s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities Second If additional monies 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 Assessors Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property Third If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed then the levy of the Special Tax for Facilities on each Assessor s Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessors Parcel Fourth If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed then the Special Tax for Facilities shall be levied Proportionately on each Assessor s Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property Notwithstanding the above the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above) when (i) the Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities (n) all authorized CFD No 2006 9 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No 2006 9 Bonds (except refunding bonds) to be supported by the Special Tax for Facilities and (iii) all Authorized Facilities have been constructed and/or acquired and all reimbursements to the developer for the construction and/or acquisition of such facilities have been paid as permitted by law _— ._.... wuciruwiicniiry i_--i City of Lake Elsinore November 7 2006 Community Facilities District No 2006 9 (Trieste) PAGE (—OF /ap Page 8 Further notwithstanding the above under no circumstances will the Special Tax for Facilities levied against any Assessor s Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor s Parcel within CFD No 2006 9 E EXEMPTIONS No Special Tax for Facilities shall be levied on up to 2 3 Acres of Property Owner Association Property and/or Public Property in CFD No 2006 9 Tax exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property However should an Assessor s Parcel no longer be classified as Property Owner Association Property or Public Property its tax exempt status will be revoked Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property F MANNER OF COLLECTION 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 2006 9 may directly bill the Special Tax for Facilities may collect the Special Tax 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 G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G "Bulldout" means for CFD No 2006 9 that all expected building permits for dwelling units to be constructed in CFD No 2006 6 have been issued as reasonably determined by the CFD Administrator 'CFD Public Facilities" means either $3 564 033 in 2006 dollars which shall increase by the Construction Inflation Index on July 1 2007 and on each July 1 thereafter or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide funding for all of the Authorized Facilities or (n) shall be determined by the Council concurrently with a covenant that it will not issue any more CFD No 2006 9 Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above City of Cake Elsinore AUCrAWAIICMIVV '/I'I` -1' November72006 Community Facilities District No 2006 9 (Trieste) eerie 4 - ne %17 Page 9 ' Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles measured as of the calendar 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 CFD Administrator 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 (i) costs of Authorized Facilities previously paid from the Improvement Fund (n) moneys currently on deposit in the Improvement Fund available to pay costs of Authorized Facilities and (m) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of Authorized Facilities "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct Authorized Facilities "Previously Issued Bonds' means for any Fiscal Year all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year Prepayment in Full Only an Assessors Parcel of Developed Property or Undeveloped Property for which a building permit has been issued may be prepaid The obligation of the Assessor s Parcel to pay the Special Tax for Facilities may be permanently satisfied as described herein provided that a prepayment may be made with respect to a particular Assessor s Parcel only if there are no delinquent Special Taxes with respect to such Assessors Parcel at the time of prepayment An owner of an Assessors 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 written notice the CFD Administrator shall notify such owner of the prepayment amount for such Assessors 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 occurring date that notice of redemption of CFD No 2006 9 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below) Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit City of Lake Elsinore AUrNWA l i CM NU November 7 1006 Community Facilities District No 2006 9 (Trieste) nAne 7 ne fin Page 10 less Capitalized Interest Credit Total equals Special Tax for Facilities Prepayment Amount As of the proposed date of prepayment the Special Tax for Facilities Prepayment Amount shall be calculated as follows Paragraph No 1 Confine that no Special Tax delinquencies apply to such Assessor s Parcel 2 For Assessor s Parcels of Developed Property compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities For Assessors Parcels of Undeveloped Property for which a building permit has been issued compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor s Parcel as though it was already designated as Developed Property based upon the building permit which has already been issued for that Assessor s Parcel 3 (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No 2006 9 based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No 2006 9 excluding any Assessor s Parcels which have been prepaid and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No 2006 9 excluding any Assessor s Parcels which have been prepaid 4 Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the Bond Redemption Amount ) 5 Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (c g the redemption price 100 %) if any on the Previously Issued Bonds to be redeemed (the Redemption Premium ) 6 Compute the current Future Facilities Costs 7 Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the 'Future Facilities Amount') 8 Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and /or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds AGE EM NnA IT No 2(J City of Lake Elsinore PAGE 9 OF12i a erPa a II Community Facilities District No 2006 9 (Trieste) g 9 Determine the Special Tax for Facilities levied on the Assessors Parcel in the current Fiscal Year which has not yet been paid 10 Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment 11 Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the Defeasance Amount ) 12 The administrative fees and expenses of CFD No 2006 9 are as calculated by the CFD Administrator and include the costs of computation of the prepayment the costs to invest the prepayment proceeds the costs of redeeming CFD No 2006 9 Bonds and the costs of recording any notices to evidence the prepayment and the redemption (the Administrative Fees and Expenses ) 13 The reserve fund credit (the Reserve Fund Credit ) shall equal the lesser of (a) the expected reduction in the reserve requirement (as defined in the Indenture) if any associated with the redemption of Previously Issued Bonds as a result of the prepayment or (b) the amount denved by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date but in no event shall such amount be less than zero No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture) 14 If any capitalized interest for the Previously Issued 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 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the Capitalized Interest Credit ) 15 The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4 5 7 11 and 12 less the amounts computed pursuant to paragraphs 13 and 14 (the Special Tax for Facilities Prepayment Amount ) From the Special Tax for Facilities Prepayment Amount the amounts computed pursuant to paragraphs 4 5 11 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No 2006 9 Bonds or make debt service payments The amount computed pursuant to paragraph 7 shall be deposited into the City of Lake Elsinore AUMUA 11 LM 14V ovember 7 2006 Community Facilities District No 2006 9 (Trieste) AA ^„ % /--)ill Page 12 Improvement Fund The amount computed pursuant to paragraph 12 shall be retained by CFD No 2006 9 The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full $5 000 increment of CFD No 2006 9 Bonds In such cases the increment above $5 000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No 2006 9 Bonds or to make debt service payments As a result of the payment of the current Fiscal Year s Special Tax for Facilities levy as determined under paragraph 9 (above) the CFD Administrator shall remove the current Fiscal Year s Special Tax for Facilities levy for such Assessor s Parcel from the County tax rolls With respect to any Assessors Parcel that is prepaid the Council shall cause a suitable notice to be recorded in compliance with the Act to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor s Parcel and the obligation of such Assessors Parcel to pay the Special Tax for Facilities shall cease Notwithstanding the foregoing no Special Tax for Facilities prepayment shall be allowed unless at the time of such proposed prepayment the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No 2006 9 (after excluding 2 3 Acres of Property Owner Association Property and/or Public Property in CFD No 2006 9 as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses as defined in Section A above and (u) 1 10 times maximum annual debt service in each remaining Fiscal Year on the Outstanding Bonds Prepayment in Part The Special Tax for Facilities on an Assessors Parcel of Developed Property or an Assessor s Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid The amount of the prepayment shall be calculated as in Section G 1 except that a partial prepayment shall be calculated according to the following formula PP = [(PE— A) x F] +A These terms have the following meaning PP = the partial prepayment PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G 1 F = the percentage expressed as a decimal by which the owner of the Assessor s Parcel is partially prepaying the Special Tax for Facilities A = the Administrative Fees and Expenses calculated according to Section G 1 City of Lake Elsinore B�2-� November 7 2006 Community Facilities District No 2006 9 (Trieste) PAGE OF Z- ZL Page 13 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 of the 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 any Assessors Parcel that is partially prepaid the Council shall (i) distribute the funds remitted to it according to Section G 1 and (n) indicate in the records of CFD No 2006 9 that there has been a partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor s Parcel equal to the outstanding percentage (1 00 F) of the remaining Maximum Special Tax for Facilities shall continue to be levied on such Assessor s Parcel pursuant to Section D above H TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2007 2008 provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (1) that all required interest and principal payments on the CFD No 2006 9 Bonds have been paid (n) all Authorized Facilities have been constructed and/or acquired and all reimbursements to the developer for the construction and/or acquisition of such facilities have been paid as permitted bylaw and (in) all other obligations of CFD No 2006 9 have been satisfied I SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I "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 prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied "Developed Single 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 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 2006 9 in any Fiscal Year on any Assessor s Parcel Operating Fund" means a fund that shall be maintained for CFD No 2006 9 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area and the applicable Administrative Expenses City of Lake Elsinore OENB* ffEbIP..A— 2—��—November 7 2006 Community Facilities District No 2006 9 (Trieste) PAGE S-1 OF /RP Page 14 "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 2006 9 pursuant to the Act to fund the Special Tax Requirement for Services 'Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No 2006 9 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 (u) pay a proportionate share of Administrative Expenses and (in) anticipated Special Tax for Services delinquencies based on the delinquency rate for the Special Tax for Services levy in CFD No 2006 9 for the previous Fiscal Year less (iv) the Operating Fund Balance as determined by the CFD Administrator Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2007 2008 and for each subsequent Fiscal Year the Council shall levy the Special Tax for Services on (i) all Assessor s Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (n) 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 2007 2008 shall be $25178 per Developed Single Family Unit $125 89 per Developed Multifamily Unit and $567 02 per Acre for each Assessor s Parcel of Non Residential Property On each July 1 commencing July 1 2008 the Maximum Special Tax for Services shall be increased by two percent (2 00 %) of the amount in effect in the prior Fiscal Year 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 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 2006 9 may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements Mu611wm 11 rlvl 1 \V Cni of Loh Elsinore November 7 2006 Community Facilities District No 2006 9 (Trieste) PA r, zoZ a L.)D Page 15 APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor s Parcel is in error may submit a written appeal to CFD No 2006 9 The CFD Administrator shall review the appeal and if the CFD Administrator concurs the amount of the Special Tax levied shall be appropriately modified The Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals Any decision of the Council shall be final and binding as to all persons K ICLIENTS21ShopoJfG o plTrnestelRMC Trieste CFD RMAD aft 2 doe Rew ed 1116107 AGENDA ITEM NO 2` Y City of Lake Elsinore PAGE OF November 7 2006 Community Facilities District No 2006 9 (Trieste) Page 16 EXHIBIT A CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES AGENDA ITEM NO PAGE-5� OF-Zjg,�? CITY OF LAKE ELSINORE AND CFD No 2006 9 CERTIFICATE Pursuant to Section C of the Rate and Method of Apportionment the City of Lake Elsinore ( City ) and Community Facilities District No 2006 9 of the City of Lake Elsinore ( CFD No 2006 9 ) hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2006 9 (a) The information in Table 1 relating to the Assigned Special Tax for Facilities forDeveloped Property within CFD No 2006 9 shall be modified as follows (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2006 9 as stated in Section C 1 (c) shall be reduced from $31 966 per Acre to $ per Acre The Special Tax for Facilities may only be modified prior to the first issuance of CFD No 2006 9 Bonds 3 Upon execution of the Certificate by the City and CFD No 2006 9 the City shall cause an amended notice of Special Tax lien for CFD No 2006 9 to be recorded reflecting the modifications set forth herein By execution hereof the undersigned acknowledges on behalf of the City and CFD No 2006 9 receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate CITY OF LAKE ELSINORE By Date CFD Administrator COMMUNITY FACILITIES DISTRICT NO 2006 9 OF THE CITY OF LAKE ELSINORE AGENDA ITEM NO (4 By Date PAGE Cr OF 1a6 Land Use Assigned Special Class Descnption Residential Floor Area Tax for Facilities 1 Residential Property More than 2 100 sq ft $ per unit 2 Residential Property 1 800-2 100 sq ft $ per unit 3 Residential Property Less than 1 800 sq ft $ per unit 4 Non Residential Property NA $ per Acre (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2006 9 as stated in Section C 1 (c) shall be reduced from $31 966 per Acre to $ per Acre The Special Tax for Facilities may only be modified prior to the first issuance of CFD No 2006 9 Bonds 3 Upon execution of the Certificate by the City and CFD No 2006 9 the City shall cause an amended notice of Special Tax lien for CFD No 2006 9 to be recorded reflecting the modifications set forth herein By execution hereof the undersigned acknowledges on behalf of the City and CFD No 2006 9 receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate CITY OF LAKE ELSINORE By Date CFD Administrator COMMUNITY FACILITIES DISTRICT NO 2006 9 OF THE CITY OF LAKE ELSINORE AGENDA ITEM NO (4 By Date PAGE Cr OF 1a6 RESOLUTION NO 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $5,0009000 WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 -9 (TRIESTE) AND CALLING A SPECIAL ELECTION WHEREAS, the City Council (the Council ) of the City of Lake Elsinore (the City ) has heretofore adopted Resolution No 2007 - (the Resolution of Formation ), which formed the City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) (the CFD ) pursuant to the Mello Roos Community Facilities Act of 1982 as amended, (the "Act ), 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 territory within the CFD prior to the formation of the CFD, and 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 the City is authorized by law to construct, own or operate (the Facilities ), and WHEREAS, a copy of the Resolution of Formation is on file with the City Clerk and incorporated herein by reference and WHEREAS in order to finance the Facilities it is necessary to incur bonded indebtedness in the amount not to exceed $5,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53340 et seq of the Act on certain properties within the CFD NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The above recitals are true and correct SECTION 2 It is necessary to incur bonded indebtedness in the amount not to exceed $5 000 000 to finance the costs of the Facilities AGENDA ITEM NO 2q PAGE LL Op,�Rb CITY COUNCIL RESOLUTION NO 2007 - PAGE 2 OF 4 SECTION 3 The indebtedness will be incurred for the purpose of financing the costs of acquiring the Facilities, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permtted to be financed pursuant to the Act SECTION 4 The bonds shall be issued in one or more series at a maximum interest rate not to exceed 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued and payable annually or semiannually as determined by the Council The term of the bonds shall be determined pursuant to a resolution of the Council authorizing the 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 Pursuant to and in compliance with the provisions of Article 1 5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code the Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the City (a) Such bonded indebtedness shall be incurred for the specific purposes set forth in Section 3 above (b) The proceeds of any such bonded indebtedness shall be applied only to the specific purposes identified in Section 3 above (c) The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account or accounts into which the proceeds of such bonded indebtedness shall be deposited (d) The City Manager, or his designee, acting for and on behalf of the City, shall annually file a report with the Council as required by Government Code Section 53411 SECTION 6 Pursuant to Government Code Section 53326, the Council hereby determines to submit to the qualified electors of the CFD a proposition (the Services Proposition ) to levy special taxes on property within the CFD in AGENDA ITEM NO 24 PAGLfZ—OF 0 CITY COUNCIL RESOLUTION NO 2007 - PAGE 3 OF 4 accordance with the rate and method of apportionment specified in the Resolution of Formation The form of the Services Proposition is attached as Exhibit A SECTION 7 Pursuant to Government Code Section 53353 5, the Council hereby determines to submit to the qualified electors of the CFD a combined proposition (the Facilities Proposition ) to (1) levy special taxes on property within the CFD in accordance with the rate and method of apportionment of special tax specified in the Resolution of Formation (2) incur bonded indebtedness in the amount not to exceed $5 000 000, and (3) establish an appropriations limit as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution for the CFD Said appropriations limit shall equal the maximum amount of bonded indebtedness authorized to be incurred for the CFD The form of the Facilities Proposition is attached as Exhibit B SECTION 8 A special election is hereby called for the CFD on the Services Proposition set forth in Section 6 above SECTION 9 A special election is hereby called for the CFD on the Facilities Proposition set forth in Section 7 above SECTION 10 The time for notice having been waived by the qualified electors, the date of the special election for the CFD on the Services Proposition and for the CFD on the Facilities Proposition shall be on the 23rd day of January, 2007 There being no registered voters residing within the territory of the CFD at the time of the protest hearing and ninety (90) days prior thereto, there being only two landowners in the CFD, and the requirements of Section 53326 of the Government Code having been waived by the landowners the ballot for the special election shall be hand delivered to the landowners within the CFD The voter ballot shall be returned to the City Clerk at 130 S Main Street Lake Elsinore, California 92530 no later than 11 00 o clock p in on January 23, 2007 However the election may be closed within the concurrence of the City Clerk as soon as the ballot is returned SECTION 11 Notice of said election and written argument for or against the measure have been waived by the landowners SECTION 12 The CFD shall constitute a single election precinct for the purpose of holding said special election AGENDA ITEM NO PAGE ST OFJ CITY COUNCIL RESOLUTION NO 2007-. PAGE 4 OF 4 SECTION 13 The Council hereby directs that the special election be conducted by the City Clerk, as the elections official SECTION 14 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 23rd day of January 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederick Ray, CMC, City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore Robert E Magee, Mayor City of Lake Elsinore AGENDA ITEM NO PAGE-24—OF1e? j EXHIBIT A OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 9 (TRIESTE) SERVICES SPECIAL TAX ELECTION January 23 2007 To vote mark an X in the voting square after the word YES or after the word NO All marks otherwise made are forbidden This ballot is provided to as owner or authorized representative of such owner of land within City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) and represents _ vote(s) If you wrongly mark tear or deface this ballot return it to the City Clerk of the City of Lake Elsinore at 130 S Main Street Lake Elsinore California 92530 PROPOSITION Shall City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) subject to the accountability measures provided for in the Resolution of Formation adopted on January 23 2007 (the Resolution of Formation ) be authorized to levy special taxes pursuant to the rate and method of apportionment of special taxes (the Special Tax Formula ) set forth in Exhibit A of the Resolution of Formation to finance the authorized services and administrative expenses as provided for in the Resolution of Forination9 YES NO AGENDA ITEM NO t A 1 PAGE-�L_OF /an EXHIBIT B OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 9 (TRIESTE) SPECIAL TAX ELECTION January 23 2007 To vote mark an X in the voting square after the word YES or after the word NO All marks otherwise made are forbidden This ballot is provided to as owner or authorized representative of such owner of land within City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) and represents vote(s) If you wrongly mark tear or deface this ballot return it to the City Clerk of the City of Lake Elsinore at 130 S Main Street Lake Elsinore California 92530 PROPOSITION Shall the City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) (the CFD ) subject to the accountability measures provided for in the Resolution Calling a Special Election adopted on January 23 2007 ( Resolution Calling Special Election ) incur an indebtedness and be authorized to issue bonds in an amount not to exceed $5 000 000 with interest at a rate or rates established at such time as the bonds are sold in one or more series at fixed or variable interest rates however not to exceed any applicable statutory rate for such bonds the proceeds of which will be used to finance the certain public facilities (the Facilities ) as described in the Resolution of Formation adopted on January 23 2007 ( Resolution of Formation ) and subject to the accountability measures provided for in the Resolution of Formation shall a special tax be levied to pay the principal of and interest on such indebtedness and bonds and to otherwise finance the Facilities and shall an appropriations limit be established for the CFD pursuant to Article XIIIB of the California Constitution said appropriations limit to be equal to the maximum amount of bonded indebtedness authorized to be incurred for the CFD9 YES AGENDA ITEM NO B 1 PAGE---(0/ OF /A0 THIS PAGE INTENTIONALLY LEFT BLANK AGENDA ITEM NO PAGE 6 L OF-6�-C) RESOLUTION NO 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE SPECIAL ELECTIONS HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 -9 (TRIESTE) WHEREAS the City Council (the "Council ) of the City of Lake Elsinore (the City ) has previously conducted proceedings pertaining to the formation of the City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) (the CFD ), the rate and method of apportionment for the levy and collection of special taxes (the Services Special Tax ) to finance a portion of the cost of providing parks, open space and storm drains maintenance services, the authorization of indebtedness in the amount not to exceed $5,000,000 within the CFD, the rate and method of apportionment for the levy and collection of special taxes (the "Special Tax ) to pay the principal and interest on bonds issued or other debt, and the establishment of an appropriations limit and the calling of an election in regard to the foregoing and WHEREAS on January 23 2007, special elections were held within the CFD relative to the rate and method of apportionment of Services Special Tax, the authorization of not to exceed $5,000,000 of indebtedness within the CFD, the rate and method of apportionment of the Special Tax, and the establishment of an appropriations limit, and WHEREAS, at such special elections the proposals for the rate and method of apportionment and manner of collection of the Services Special Tax, incurring the bonded indebtedness the rate and method of apportionment and manner of collection of the Special Tax and establishing an appropriations limit for the CFD were approved by the requisite 2/3 of the votes cast by qualified electors of the CFD NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 It is hereby determined that the special elections conducted within the CFD were duly and validly conducted 45864242 1 AGENDA ITEM NO PAGE _(i___OFLD CITY COUNCIL RESOLUTION NO 2007-. Page 2 of 3 SECTION 2 The Council acting as the legislative body of the CFD is authorized to levy the services special tax on behalf of the CFD as specified in resolution No 2007 (the "Resolution of Formation) adopted by the Council on January 23 2007 SECTION 3 The Council acting as the legislative body of the CFD is authorized to levy the special tax on behalf of the CFD as specified in the Resolution of Formation SECTION 4 The Council is authorized to incur indebtedness on behalf of the CFD in the maximum amount of $5,000,000 SECTION 5 The City is authorized to establish an appropriations limit for the CFD SECTION 6 The City Clerk is hereby directed and authorized to record notice of the special tax of the CFD by recording a Notice of Special Tax Lien of the CFD pursuant to Section 3117 5 of the California Streets and Highways Code SECTION 7 This Resolution shall take effect from and after the date of its passage and adoption 45864242 1 AGENDA ITEM NO PAGEIL CITY COUNCIL RESOLUTION NO 2007 - Page 3 of 3 PASSED, APPROVED AND ADOPTED this 23rd day of January, 2007, by the following vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederick Ray City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold, City Attorney City of Lake Elsinore 458642421 Robert E Magee, Mayor City of Lake Elsinore AGENDA ITEM NO -24 PAGE, . OF /ad ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX WHEREAS, on December 12, 2006, the City Council (the Council ) of the City of Lake Elsinore (the 'City ) adopted Resolution No 2006 205 stating its intention to form the City of Lake Elsinore Community Facilities District No 2006 9 (Trieste) (the CFD ) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the Act ) 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 territory within the CFD prior to the formation of the CFD and 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 the City is authorized by law to construct, own or operate (the `Facilities ) and WHEREAS, on December 12, 2006, the Council also adopted Resolution No 2006 206 stating its intention and the necessity to incur bonded indebtedness in the amount not to exceed $5,000,000 to be issued for the purpose of financing the purchase construction, expansion or rehabilitation of the Facilities and WHEREAS notice was published as required by law relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $5 000 000 within the boundaries of the CFD, and WHEREAS on January 23 2007 this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay for the Services and the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness of the CFD and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid and AGENDA ITEM NO PAGE (o_OF_Z._b CITY COUNCIL ORDINANCE NO PAGE 2 OF 4 WHEREAS at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by the CFD 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 and established the CFD, and WHEREAS the Council subsequent to said hearing adopted Resolution No 2007 which called an election within the CFD for January 23, 2007 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit and WHEREAS on January 23 2007 an election was held within the CFD in which the eligible electors approved by more than two thirds vote the proposition of incurring bonded indebtedness levying a special tax and setting an appropriations limit THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS SECTION 1 A special tax (the Services Special Tax ) is levied within the boundaries of the CFD pursuant to the formula set forth in Exhibit A attached hereto and incorporated by reference in an amount necessary to pay all of the costs of providing the Services, periodic costs and costs of the tax levy and collection, and all other costs SECTION 2 A special tax (the Special Tax ) is levied within the boundaries of the CFD pursuant to the formulas set forth in Exhibit A attached hereto and incorporated by reference in an amount necessary to pay all of the costs of providing the Facilities, periodic costs and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness SECTION 3 This legislative body is hereby further authorized each year by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the then current or future tax years except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit A AGENDA ITEM NO PAGE L7 OF_ CITY COUNCIL ORDINANCE NO PAGE 3 OF 4 SECTION 4 All of the collections of the Services Special Tax and Special Tax shall be used as provided for in the Act and Resolution No 2007 (Resolution of Formation) SECTION 5 The above authorized Services Special Tax and the 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 in cases of delinquency as provided for in ad valorem taxes provided however the CFD may collect the Services Special Tax and the Special Tax at a different time or in a different manner if necessary to meet its financial obligations SECTION 6 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 7 The Mayor shall sign this ordinance 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 ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the council Members voting for and against the ordinance SECTION 8 This Ordinance relating to the levy of the Services Special Tax and the Special Tax 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 A copy of this Ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, The Assessor and the Treasurer -Tax Collector of Riverside County AGENDA ITEM NO PAGEL'OFLD CITY COUNCIL ORDINANCE NO PAGE 4 OF 4 INTRODUCED AND APPROVED UPON FIRST READING this 23rd day of January 2007 upon the following roll call vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS PASSED, APPROVED AND ADOPTED UPON SECOND READING this 13`h day of February 2007, upon the following roll call vote AYES COUNCILMEMBERS NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ATTEST Frederick Ray CMC, City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore Robert E Magee Mayor City of Lake Elsinore AGENDA ITEM NO 7-4 PAGE-LY OF-Lck) EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT AGENDA ITEM NO PAGE,2L-OF,(? L THIS PAGE INTENTIONALLY LEFT BLANK AGENDA ITEM NO PAQE r OF,L-�D RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT No 2006 9 OF THE CITY OF LAKE ELSINORE (TRIESTE) A Special Tax shall be levied on all Assessor s Parcels in Community Facilities District No 2006 9 of the City of Lake Elsinore (Trieste) ( CFD No 2006 9 ) and collected each Fiscal Year commencing in Fiscal Year 2007 2008 in an amount determined through the application of this Rate and Method of Apportionment as described below All of the real property in CFD No 2006 9 unless exempted by law or by the provisions hereof shall be taxed for the purposes to the extent and in the manner herein provided I_l The terms hereinafter set forth have the following meanings "Acre" or "Acreage" means the land area of an Assessors Parcel as shown on or determined from the applicable Assessor s Parcel Map Notwithstanding the foregoing the Acreage attributable to a Condominium shall be computed by the CFD Administrator by dividing the total Acreage for the Final Subdivision in which the Condominium is located less the Acreage for any Property Owner Association Property and/or Public Property by the total number of Condominiums to be constructed within such Final Subdivision as determined from the applicable Condominium Plan "Act" means the Mello Roos Community Facilities Act of 1982 being Chapter 2 5 Part 1 Division 2 of Title 5 of the California Government Code "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No 2006 9 the costs of computing the Special Taxes and preparing the annual 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 to the Trustee the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture the costs to the City CFD No 2006 9 or any designee thereof of complying with arbitrage rebate requirements the costs to the City CFD No 2006 9 or any designee thereof of complying with disclosure requirements of the City CFD No 2006 9 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 2006 9 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 2006 9 for any other administrative purposes of CFD No 2006 9 including attorney s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes AGENDA ITEM NO -2� City of Lake Elsinore pAGE OF November 7 2006 Community Facilities District No 2006 9 (Trieste) Page 1 ' Assessor's Parcel ' means a lot or parcel including but not limited to Condominiums to which an Assessor s parcel number is assigned as detemnned from an Assessor s Parcel Map or the applicable assessment roll "Assessor's Parcel Map' means an official map of the County Assessor of the County designating parcels by Assessor s Parcel number "Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land Use Class of Developed Property as determined in accordance with Section C 1 (b) below "Authorized Facilities" means those facilities eligible to be funded by CFD No 2006 9 "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessors Parcel of Developed Property as determined in accordance with Section C 1 (c) below "Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents "CFD Administrator" means an official of the City or designee thereof responsible for determining the Special Tax Requirement for Facilities the Special Tax Requirement for Services as determined in accordance with Section I below and providing for the levy and collection of the Special Taxes "CFD No 2006 9" means Community Facilities District No 2006 9 of the City of Lake Elsinore (Trieste) "CFD No 2006 9 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act) whether in one or more series issued by CFD No 2006 9 and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No 2006 9 under the Act "City" means the City of Lake Elsinore ' Condominium" means a unit meeting the statutory definition of a condominium contained in the California Civil Code Section 1351 and for which a condominium plan has been recorded pursuant to California Civil Code Section 1352 ' Condominium Plan" means a condominium plan as set forth in the California Civil Code Section 1352 "Council" means the City Council of the City of Lake Elsinore acting as the legislative body of CFD No 2006 9 "County" means the County of Riverside City of Lake Elsinore 'ember 7 2006 Community Facilities District No 2006 9 (Trieste) PAQ �3 o qD Page 2 "Developed Property" means with respect to the Special Tax for Facilities for each Fiscal Year all Taxable Property exclusive of Taxable Public Property and Taxable Property Owner Association Property for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied "Final Subdivision" means a subdivision of property by recordation of (i) a final map or portion thereof approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq ) that creates individual lots for which building permits may be issued or (n) lot line adjustment approved by the City "Fiscal Year" means the period starting July 1 and ending on the following June 30 "Indenture" means the indenture fiscal agent agreement resolution or other instrument pursuant to which CFD No 2006 9 Bonds are issued as modified amended and/or supplemented from time to time and any instrument replacing or supplementing the same "Land Use Class" means any of the classes listed in Table 1 below "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities determined in accordance with Section C below that can be levied 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 permitting the construction of one or more non residential units or facilities has been issued by the City and which is not otherwise Residential Property "Outstanding Bonds" means all CFD No 2006 9 Bonds which are deemed to be outstanding under the Indenture "Property Owner Association Property" means for each Fiscal Year (i) any property within the boundaries of CFD No 2006 9 that was owned by a property owner association including any master or sub association as of January 1 of the prior Fiscal Year (n) any property located in a Final Subdivision that was recorded as of the May 1 preceding the Fiscal Year in which the Special Tax is being levied and which as determined from such Final Subdivision is or will be open space a common area recreation facility or a private street or (iii) any property which as of the May 1 preceding the Fiscal Year for which the Special Tax is being levied has been conveyed irrevocably dedicated or irrevocably offered to a property owner s association including any master or sub association provided such conveyance dedication or offer is submitted to the CFD Administrator by May 1 preceding the Fiscal Year for which the Special Tax is being levied Notwithstanding the preceding Property Owner Association Property shall not include any property on which Condominiums are or will be located AGENDA City of Lake Elsinore pAO� '7L� OF ovember 7 2006 Community Facilities District No 2006 9 (Trieste) C,,,�� Page 3 "Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor s Parcels of Developed Property For Undeveloped Property Proportionately means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessors Parcels of Undeveloped Property The term Proportionately may similarly be applied to other categories of Taxable Property as listed in Section D below "Public Property " means property within the boundaries of CFD No 2006 9 owned by irrevocably offered or dedicated to or over through or under which an easement for purposes of public use has been granted to the federal government the State the County the City or any local government or other public agency provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340 1 of the Act shall be taxed and classified according to its use "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure not including any carport walkway garage overhang patio enclosed patio or similar area The determination of Residential Floor Area for an Assessors Parcel shall be made by reference to the building permit(s) issued for such Assessor s Parcel Such determination shall be final following the issuance of a Certificate of Occupancy for the dwelling unit "Residential Property " means all Assessor s Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City "Special Tax" means any of the special taxes authorized to be levied by CFD No 2006 9 pursuant to the Act "Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each Assessors Parcel of Developed Property Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property to fund the Special Tax Requirement for Facilities "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No 2006 9 to (1) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year (u) pay periodic costs on the CFD No 2006 9 Bonds including but not limited to credit enhancement and rebate payments on the CFD No 2006 9 Bonds due in the calendar year commencing in such Fiscal Year (iii) pay a proportionate share of Administrative Expenses (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property less (vii) a credit for funds available to reduce City of Lake Elsinore o ember 7 2006 Community Facilities District No 2006 9 (Trieste) PAGE OF P-D Pace 4 the annual Special Tax for Facilities levy as determined by the CFD Administrator pursuant to the Indenture 'State" means the State of California "Taxable Property" means all of the Assessor s Parcels within the boundaries of CFD No 2006 9 which are not exempt from the Special Tax for Facilities pursuant to law or Section E below "Taxable Property Owner Association Property" means all Assessors Parcels of Property Owner Association Property that are not exempt pursuant to Section E below "Taxable Public Property" means all Assessor s Parcels of Public Property that are not exempt pursuant to Section E below "Trustee" means the trustee or fiscal agent under the Indenture "Undeveloped Property " means for each Fiscal Year all Taxable Property not classified as Developed Property Taxable Property Owner Association Property or Taxable Public Property B ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year all Taxable Property within CFD No 2006 9 shall be classified as Developed Property Taxable Public Property Taxable Property Owner Association Property or Undeveloped Property and shall be subject to the Special Tax for Facilities in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below Residential Property shall be assigned to Land Use Classes 1 through 3 as listed in Table I below based on the Residential Floor Area for each unit Non Residential Property shall be assigned to Land Use Class 4 C MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No 2006 9 Bonds the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1) and the Backup Special Tax for Facilities attributable to a Final Subdivision 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 Community Facilities Act of 1982 adopted by the Council the Goals and Policies ) calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City s maximum level objective set forth in such document the Assigned Special Tax for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to a Final Subdivision may be reduced 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 The reductions permitted pursuant to this paragraph shall be reflected in an City of Lake Elsinore vember 7 2006 Community Facilities District No 2006 9 (Trieste) PAGE 74 AC tiiiD Page S 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 Developed Propert y (a) Maximum Special Tax for Facilities The Maximum Special Tax for Facilities for each Assessors Parcel classified as Developed Property shall be the greater of (1) the amount derived by application of the Assigned Special Tax for Facilities or (u) the amount derived by application of the Backup Special Tax for Facilities (b) Assigned Special Tax for Facilities The Assigned Special Tax for Facilities for each Land Use Class is shown below in Table 1 TABLE 1 Assigned Special Tax for Facilities for Developed Property Community Facilities District No 2006 9 Land Use s ,.� ,� Class szDesri 1 Residential Property More than 2 100 sq ft $3 085 per unit 2 Residential Property 1 800 — 2 100 sq ft $2 891 per unit 3 Residential Property Less than 1 800 sq ft $2 708 per unit 4 Non Residential Property NA $30 518 per Acre (c) Backup Special Tax for Facilities The Backup Special Tax for Facilities attributable to a Final Subdivision will equal $31966 multiplied by the Acreage of all Taxable Property exclusive of any Taxable Property Owner Association Property and Taxable Public Property therein The Backup Special Tax for Facilities for each Assessor s Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessors Parcels and/or residential units for which building permits for residential construction have or may be issued (i a the number or residential lots and/or units) The Backup Special Tax for Facilities for each Assessor s Parcel of Non Residential Property therein shall equal $31 966 multiplied by the Acreage of such Assessor s Parcel City of Lake Elsinore November 7 2006 Community Facilities District No 2006 9 (Trieste) PAQF, -.19 OF_Z,2,D Page 6 If a Final Subdivision includes Assessor s Parcels of Taxable Property for which building permits for both residential and non residential construction maybe issued exclusive of Taxable Property Owner Association Property and Taxable Public Property then the Backup Special Tax for Facilities for each Assessor s Parcel of Residential Property shall be computed exclusive of the Acreage and Assessor s Parcels of property for which building permits for non residential construction may be issued Notwithstanding the foregoing if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor s Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision then the Backup Special Tax for Facilities for each Assessors Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below The Backup Special Tax for Facilities previously determined for an Assessor s Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated 1 Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification 2 The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area as reasonably determined by the CFD Administrator 3 The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessors Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied (d) Multiple Land Use Classes In some instances an Assessor s Parcel ofDeveloped Property may contain more than one Land Use Class 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 Classes located on that Assessors Parcel The CFD Administrators allocation to each type of property shall be final City of Lake Elsinore ember 7 1006 Community Facilities District No 2006 9 (Trieste) PAGE page 7 2 Taxable PrORerty Owner Association Property Taxable Public Property, and Undeveloped Pro pert The Maximum Special Tax for Facilities for Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property shall be $31966 per Acre D METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2007 2008 and for each following Fiscal Year the Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities The Special Tax for Facilities shall be levied each Fiscal Year as follows First The Special Tax for Facilities shall be levied on each Assessor s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities Second If additional monies 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 Assessors Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property Third If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed then the levy of the Special Tax for Facilities on each Assessor s Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessors Parcel Fourth If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed then the Special Tax for Facilities shall be levied Proportionately on each Assessor s Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property Notwithstanding the above the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above) when (1) the Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities (u) all authorized CFD No 2006 9 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No 2006 9 Bonds (except refunding bonds) to be supported by the Special Tax for Facilities and (in) all Authorized Facilities have been constructed and/or acquired and all reimbursements to the developer for the construction and/or acquisition of such facilities have been paid as permitted by law City of Lake Elsinore Al fmmw Community Facilities District No 2006 9 (Trieste) `--- ��`ovember 7 2006 Pad %9 AF J,-, Page 8 E Further notwithstanding the above under no circumstances will the Special Tax for Facilities levied against any Assessor s Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor s Parcel within CFD No 2006 9 No Special Tax for Facilities shall be levied on up to 2 3 Acres of Property Owner Association Property and/or Public Property in CFD No 2006 9 Tax exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property However should an Assessor s Parcel no longer be classified as Property Owner Association Property or Public Property its tax exempt status will be revoked Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property F MANNER OF COLLECTION 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 2006 9 may directly bill the Special Tax for Facilities may collect the Special Tax 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 G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G "Buildout" means for CFD No 2006 9 that all expected building permits for dwelling units to be constructed in CFD No 2006 6 have been issued as reasonably determined by the CFD Administrator "CFD Public Facilities" means either $3 564 033 in 2006 dollars which shall increase by the Construction Inflation Index on July 1 2007 and on each July 1 thereafter or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide funding for all of the Authorized Facilities or (u) shall be determined by the Council concurrently with a covenant that it will not issue any more CFD No 2006 9 Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above City of Lake Elsinore AUrNWA I I W NU November 7 2006 Community Facilities District No 2006 9 (Trieste) n , /'jn Paee 9 ' Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles measured as of the calendar 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 CFD Administrator 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 (i) costs of Authorized Facilities previously paid from the Improvement Fund (u) moneys currently on deposit in the Improvement Fund available to pay costs of Authorized Facilities and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of Authorized Facilities "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct Authorized Facilities "Previously Issued Bonds" means for any Fiscal Year all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year Prepayment in Full Only an Assessors Parcel of Developed Property or Undeveloped Property for which a building permit has been issued maybe prepaid The obligation of the Assessor s Parcel to pay the Special Tax for Facilities maybe permanently satisfied as described herein provided that a prepayment may be made with respect to a particular Assessor s Parcel only if there are no delinquent Special Taxes with respect to such Assessors Parcel at the time of prepayment An owner of an Assessors 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 written notice the CFD Administrator shall notify such owner of the prepayment amount for such Assessors Parcel The CFD Admimstrator may charge a reasonable fee for providing this service Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No 2006 9 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below) Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit City of Lake Elsinore AUMUA I I LM MU / ` i - November 7 2006 Community Facilities District No 2006 9 (Trieste) w. nr Q0 ne 15-) 7) Page 10 less Capitalized Interest Credit Total equals Special Tax for Facilities Prepayment Amount As of the proposed date of prepayment the Special Tax for Facilities Prepayment Amount shall be calculated as follows Paragraph No Confirm that no Special Tax delinquencies apply to such Assessor s Parcel 2 For Assessor s Parcels of Developed Property compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities For Assessors Parcels of Undeveloped Property for which a building permit has been issued compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor s Parcel as though it was already designated as Developed Property based upon the building permit which has already been issued for that Assessor s Parcel (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No 2006 9 based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No 2006 9 excluding any Assessor s Parcels which have been prepaid and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No 2006 9 excluding any Assessor s Parcels which have been prepaid 4 Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the Bond Redemption Amount ) Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e g the redemption price 100 %) if any on the Previously Issued Bonds to be redeemed (the Redemption Premium ) 6 Compute the current Future Facilities Costs 7 Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the Future Facilities Amount ) Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds City of Lake Elsinore D vember 7 2006 PAGE OF Community Facilities District No 2006 9 (Trieste) Page 11 9 Determine the Special Tax for Facilities levied on the Assessor s Parcel in the current Fiscal Year which has not yet been paid 10 Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Admimstrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment 1 l Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the Defeasance Amount ) 12 The administrative fees and expenses of CFD No 2006 9 are as calculated by the CFD Administrator and include the costs of computation of the prepayment the costs to invest the prepayment proceeds the costs of redeeming CFD No 2006 9 Bonds and the costs of recording any notices to evidence the prepayment and the redemption (the Administrative Fees and Expenses ) 13 The reserve fund credit (the Reserve Fund Credit ) shall equal the lesser of (a) the expected reduction in the reserve requirement (as defined in the Indenture) if any associated with the redemption of Previously Issued Bonds as a result of the prepayment or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date but in no event shall such amount be less than zero No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture) 14 If any capitalized interest for the Previously Issued 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 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the Capitalized Interest Credit ) 15 The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4 5 7 11 and 12 less the amounts computed pursuant to paragraphs 13 and 14 (the Special Tax for Facilities Prepayment Amount ) From the Special Tax for Facilities Prepayment Amount the amounts computed pursuant to paragraphs 4 5 11 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No 2006 9 Bonds or make debt service payments The amount computed pursuant to paragraph 7 shall be deposited into the City of Lake Elsinore AUCRUA I I CM NU vember 7 2006 Community Facilities District No 2006 9 (Trieste) w & ^" C� „^ /-OIN Page 12 Improvement Fund The amount computed pursuant to paragraph 12 shall be retained by CFD No 2006 9 The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full $5 000 increment of CFD No 2006 9 Bonds In such cases the increment above $5 000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No 2006 9 Bonds or to make debt service payments As a result of the payment of the current Fiscal Year s Special Tax for Facilities levy as determined under paragraph 9 (above) the CFD Administrator shall remove the current Fiscal Year s Special Tax for Facilities levy for such Assessor s Parcel from the County tax rolls With respect to any Assessor s Parcel that is prepaid the Council shall cause a suitable notice to be recorded in compliance with the Act to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor s Parcel and the obligation of such Assessors Parcel to pay the Special Tax for Facilities shall cease Notwithstanding the foregoing no Special Tax for Facilities prepayment shall be allowed unless at the time of such proposed prepayment the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No 2006 9 (after excluding 2 3 Acres of Property Owner Association Property and/or Public Property in CFD No 2006 9 as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses as defined in Section A above and (n) 1 10 times maximum annual debt service in each remaining Fiscal Year on the Outstanding Bonds Prepayment in Part The Special Tax for Facilities on an Assessors Parcel of Developed Property or an Assessor s Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid The amount of the prepayment shall be calculated as in Section G 1 except that a partial prepayment shall be calculated according to the following formula PP = [(PE — A) x F] + A These terms have the following meaning PP = the partial prepayment PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G 1 F = the percentage expressed as a decimal by which the owner of the Assessor s Parcel is partially prepaying the Special Tax for Facilities A = the Administrative Fees and Expenses calculated according to Section G 1 City of Lake Elsinore NA 24 p� / ^� November 7 2006 Community Facilities District No 2006 9 (Trieste) peep (� `� np /,P D Pare 13 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 of the 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 any Assessors Parcel that is partially prepaid the Council shall (i) distribute the funds remitted to it according to Section G 1 and (u) indicate in the records of CFD No 2006 9 that there has been a partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor s Parcel equal to the outstanding percentage (1 00 F) of the remaining Maximum Special Tax for Facilities shall continue to be levied on such Assessor s Parcel pursuant to Section D above H TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2007 2008 provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No 2006 9 Bonds have been paid (u) all Authorized Facilities have been constructed and/or acquired and all reimbursements to the developer for the construction and/or acquisition of such facilities have been paid as permitted by law and (iii) all other obligations of CFD No 2006 9 have been satisfied I SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I "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 prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied Developed Single 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 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 2006 9 in any Fiscal Year on any Assessor s Parcel "Operating Fund" means a fund that shall be maintained for CFD No 2006 9 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area and the applicable Administrative Expenses City of Lake Elsinore --------------- November 7 2006 Communitv Facilities District No 2006 9 (Trieste) PAGE Sr OF_A Page" "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 2006 9 pursuant to the Act to fund the Special Tax Requirement for Services "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No 2006 9 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 (u) pay a proportionate share of Administrative Expenses and (in) anticipated Special Tax for Services delinquencies based on the delinquency rate for the Special Tax for Services levy in CFD No 2006 9 for the previous Fiscal Year less (iv) the Operating Fund Balance as determined by the CFD Administrator Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2007 2008 and for each subsequent Fiscal Year the Council shall levy the Special Tax for Services on (i) all Assessor s Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (n) 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 2007 2008 shall be $25178 per Developed Single Family Unit $125 89 per Developed Multifamily Unit and $567 02 per Acre for each Assessor s Parcel of Non Residential Property On each July 1 commencing July 1 2008 the Maximum Special Tax for Services shall be increased by two percent (2 00 %) of the amount in effect in the prior Fiscal Year 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 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 2006 9 may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements City of Lake Elsinore MaaGi\ VM 11 ral 1 1V November 7 2006 Community Facilities District No 2006 9 (Trieste) pAnp g4 fly /;Zl7 Page 15 J APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor s Parcel is in error may submit a wntten appeal to CFD No 2006 9 The CFD Administrator shall review the appeal and if the CFD Administrator concurs the amount of the Special Tax levied shall be appropriately modified The Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals Any decision of the Council shall be final and binding as to all persons K ICLIENTS11ShopofjGroupIT iesteIRMAIT ieste CFD RMA Draft 2 doe Revised 1116107 AGENDA ITEM N0. ',74 City of Lake Elsinore PAQ OF ovember 7 2006 Community Facilities District No 2006 9 (Trieste) Page 16 EXHIBIT A CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES AGENDA ITEM NO � PAGE,o_OFZ,EL CITY OF LAKE ELSINORE AND CFD No 2006 9 CERTIFICATE 1 Pursuant to Section C of the Rate and Method of Apportionment the City of Lake Elsinore ( City ) and Community Facilities District No 2006 9 of the City of Lake Elsinore ( CFD No 2006 9 ) hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2006 9 (a) The information in Table i relating to the Assigned Special Tax for Facilities for Developed Property within CFD No 2006 9 shall be modified as follows (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2006 9 as stated in Section C 1 (c) shall be reduced from $31966 per Acre to $ per Acre 2 The Special Tax for Facilities may only be modified prior to the first issuance of CFD No 2006 9 Bonds 3 Upon execution of the Certificate by the City and CFD No 2006 9 the City shall cause an amended notice of Special Tax lien for CFD No 2006 9 to be recorded reflecting the modifications set forth herein By execution hereof the undersigned acknowledges on behalf of the City and CFD No 2006 9 receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate CITY OF LAKE ELSINORE MA CFD Administrator Date COMMUNITY FACILITIES DISTRICT NO 2006 9 OF THE CITY OF LAKE ELSINORE M Date AGENDA REM NO PAGE„�OF/�D nS; y �?," Land Use h i� � a Class to dD t s A_ 1 Residential Property More than 2 100 sq ft $ per unit 2 Residential Property 1 800 — 2 100 sq ft $ per unit 3 Residential Property Less than 1 800 sq ft $ per unit 4 Non Residential Property NA $ per Acre (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2006 9 as stated in Section C 1 (c) shall be reduced from $31966 per Acre to $ per Acre 2 The Special Tax for Facilities may only be modified prior to the first issuance of CFD No 2006 9 Bonds 3 Upon execution of the Certificate by the City and CFD No 2006 9 the City shall cause an amended notice of Special Tax lien for CFD No 2006 9 to be recorded reflecting the modifications set forth herein By execution hereof the undersigned acknowledges on behalf of the City and CFD No 2006 9 receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate CITY OF LAKE ELSINORE MA CFD Administrator Date COMMUNITY FACILITIES DISTRICT NO 2006 9 OF THE CITY OF LAKE ELSINORE M Date AGENDA REM NO PAGE„�OF/�D City of Lake Elsinore CFD No 2006 9 (Trieste) COMMUNITY FACILITITES DISTRICT REPORT Table of Contents January 11 2007 Exhibit A — Boundary Map Exhibit B — Rate and Method of Apportionment Exhibit C — Property Owner List Exhibit D — Effective Tax Rate AGENDA ITEM NO T Q \ELSINORE \CFD 2006 9 Tnestetrep rts \CFD Report 2006 9 (Tne te) d e PAGE DF aU Page I Introduction I II Project Description 2 III Description of Facilities 3 IV Cost Estimate 4 V Bonded Indebtedness and Incidental Expenses 5 VI Rate & Method of Apportionment of the Special Tax 6 VII Boundaries of CFD No 2006 9 9 VIII General Terms and Conditions 10 IX Certification 11 Exhibit A — Boundary Map Exhibit B — Rate and Method of Apportionment Exhibit C — Property Owner List Exhibit D — Effective Tax Rate AGENDA ITEM NO T Q \ELSINORE \CFD 2006 9 Tnestetrep rts \CFD Report 2006 9 (Tne te) d e PAGE DF aU City of Lake Elsinore January 11 2007 CFD No 2006 9 (Trieste) Page t COMMUNITY FACILITIES DISTRICT REPORT I Introduction WHEREAS the City Council of the City of Lake Elsinore (hereinafter referred to as the Council ) pursuant to the provisions of the Mello Roos Community Facilities Act of 1982 being Chapter 2 5 Part 1 Division 2 Title 5 of the Government Code of the State of California (hereinafter referred to as the Act ) did establish its intentions to form a community facilities district consisting of the territory described in Exhibit A and did expressly order the filing of a written Report with the Board for the proposed community facilities district This community facilities district shall hereinafter be referred to as Community Facilities District No 2006 9 of the City of Lake Elsinore (Trieste) (hereinafter referred to as CFD No 2006 9) and WHEREAS the Resolution of Intention of the City Council of the City of Lake Elsinore to establish Community Facilities District No 2006 9 of the City of Lake Elsinore (Trieste) to authorize the levy of a Special Tax to pay the costs of acquiring constructing or maintaining certain facilities and expenses of CFD No 2006 9 and to pay debt service on bonded indebtedness did direct that said Report generally contain the following a A brief description of the public facilities by type which will be required to adequately meet the needs of CFD No 2006 9 and An estimate of the cost of providing those public facilities including the cost of environmental evaluations of such facilities and an estimate of the fair and reasonable cost of any incidental expenses to be incurred NOW THEREFORE I Dennis A Anderson authorized representative of Hams & Associates pursuant to the provisions of the Act do hereby submit the following report AGENDA ITEM NO Q \ELSMORE \CFD 2006 9 T este\reports \CFD R p n 2006 9 (Tne te) d PAGE-�aOP/-:ZD City of Lake Elsinore January 11 2007 CFD No 2006 9 (Trieste) Page 2 COMMUNITY FACILITIES DISTRICT REPORT II Project Description Pursuant to land use entitlements approved by the City of Lake Elsinore (the City ) and MBK Homes Ltd (the Developer ) the Developer plans to construct approximately 121 condominium units known as Trieste The City has proposed to form one community facilities district for the purpose of financing certain infrastructure and public facilities and maintenance for the benefit of Trieste CFD No 2006 9 encompasses approximately 12 97 gross acres of land Of this acreage 1148 acres are expected to be developed for residential uses CFD No 2006 9 will be formed to finance the acquisition and/or construction of street and park improvements City fees fees of the Elsinore Valley Municipal Water District and fees of the Lake Elsinore Unified School District See Section III for a list of facilities to be acquired and maintenance services to be funded Q \GLSINORE \CFD 2006 9 Tn te\ epons \CFD Repon 2006 9 (Tne w) dm AGENDA ITEM NO PAGE-j9�OF-Z2D City of Lake Elsinore January 11 2007 CFD No 2006 9 (Trieste) Page 3 COMMUNITY FACILITIES DISTRICT REPORT III Description of Facilities & Services Facilities A community facilities district may provide for the purchase construction expansion or rehabilitation of any real or other tangible property with an estimated useful life of five (5) years or longer which is necessary to meet increased demands placed upon local agencies as a result of development occumng within a community facilities district In addition a community facilities district may provide for the on going costs for services and infrastructure maintenance for police fire parks open space parkways and storm drain facilities as long as those services are in addition to services already received by the property within the district The facilities described in the Report are all facilities which the City is authorized pursuant to an agreement meeting the requirements of Section 53316 2 of the Act or otherwise (the Joint Community Facilities Agreement ) to own construct or finance and which are required to adequately meet the needs of CFD No 2006 9 The actual facilities described herein are those currently expected to be required to adequately meet in part the needs of CFD No 2006 9 Because the actual needs of CFD No 2006 9 arising as development progresses therein may differ from those currently anticipated the City reserves the right to modify the actual facilities proposed herein to the extent the City deems necessary in its sole discretion to meet those needs The proposed facilities for CFD No 2006 9 include all or a portion of design construction indirect costs and administration relating to the following improvements associated with Tract Map 34231 I Traffic Signal Improvements 2 Park Improvements CFD No 2006 9 will also be authorized to finance City capital improvement fees imposed pursuant to City fee programs fees of the Elsinore Valley Municipal Water District and fees of the Lake Elsinore Unified School District In addition to the improvements above the CFD is anticipated to cover the on going costs for maintenance of the public parks open space and storm drain improvements AGENDA ITEM NO 2y Q \ELSINORE \CFD 2006 9 Tneste\repon \CFD Report 2006 9 (Tneste) doe PAGE OF lo7D City of Lake Elsinore January 11 2007 CFD No 2006 9 (Trieste) Page 4 COMMUNITY FACILITIES DISTRICT REPORT IV Cost Estimate The cost estimate for the facilities described in Section III is set forth below The actual facilities to be financed will ultimately be determined in accordance with the Funding Construction and Acquisition Agreement between the City and Developer Community Facilities District No 2006 9 (Trieste) Estimated Facilities Costs Facilities Cost Estimate City Improvements Traffic Signal Improvements $ 302 273 Park Improvements $ 1 500 000 City Impact Fees $ 707 727 Park Capital Improvement Fund Fee $ 206 184 Traffic Impact Fee $ 176 416 Library Capital Improvement Fee $ 19 330 Public Building Impact Fee Public Facilities $ 305 797 EVMWD Improvements EVMWD Impact Fees $ 1 463 081 Water Connection Fee $ 756 257 Regional Sewer Fee $ 706 825 LEUSD Improvements LEUSD Impact Fees $ 833 223 Total Estimated Cost $ 4 806 304 It should be noted that the facilities cost estimates include all indirect costs such as project management design engineering right of way engineering soils engineering and testing plan checking permits fees advertisement and award costs and inspections Actual costs may differ from the amounts shown which are estimates only and are not intended to be maximum limits in what may be expended Q \ELSENORE \CFD 2006 9 Tr e te\ p n \CFD R pon 2006 9 (Tneste) doe AGENDA ITEM NO 24 PAGE �OF laD City of Lake Elsinore January 11 2007 CFO No 2006 9 (Trieste) Page 5 COMMUNITY FACILITIES DISTRICT REPORT V Bonded Indebtedness and Incidental Expenses A Projected Bond Sales The maximum authorized bonded indebtedness for CFD No 2006 9 is $5 000 000 B Incidental Bond Issuance Expenses to be included in the Proposed Bonded Indebtedness Pursuant to Section 53345 3 of the Act bonded indebtedness may include all costs and estimated costs incidental to or connected with the accomplishment of the purpose for which the proposed debt is to be incurred including but not limited to the costs of legal fiscal and financial consultant fees bond and other reserve funds discount fees interest on any bonds of the district due and payable prior to the expiration of one year from the date of completion of the facilities not to exceed two years election costs and all cost of issuance of the bonds including but not limited to fees for bond counsel costs of obtaining credit ratings bond insurance premiums fees for letters of credit and other credit enhancement costs and printing costs For the bonds proposed to be issued by CFD No 2006 9 capitalized interest is estimated for 12 months the reserve fund is equal to the highest debt service payment in any year and all other incidental bond issuance expenses at approximately 5 0 percent of the face amount of the bonds C Incidental Expenses to be Included in the Annual Levy of Special Taxes Pursuant to Section 53340 of the Act the proceeds of any special tax may only be used to pay in whole or part the cost of providing public facilities services and incidental expenses As defined by the Act incidental expenses include but are not limited to the cost of planning and designing public facilities to be financed including the cost of environmental evaluations of those facilities the costs associated with the creation of the district issuance of bonds determination of the amount of taxes collection of taxes payment of taxes or costs otherwise incurred in order to carry out the authorized purposes of the district any other expenses incidental to the construction completion and inspection of the authorized work and the retirement of existing bonded indebtedness While the actual cost of administering CFD No 2006 9 may vary it is anticipated that the amount of special taxes which can be collected will be sufficient to fund at least $25 000 in annual administrative expenses Q \ELSINORE \CFD 2006 9 Tneste \report \CFD R p rt 2006 9 (Tne te) d o AGENDA ITEM NO 2L PAGE�0F ARD City of Lake Elsinore January 11 2007 CFD No 2006 9 (Trieste) Page 6 COMMUNITY FACILITIES DISTRICT REPORT VI Rate and Method of Apportionment of the Special Tax All of the property located within CFD No 2006 9 unless exempted by law or by the Rate and Method of Apportionment shall be taxed for the purpose of providing necessary facilities to serve CFD No 2006 9 Pursuant to Section 53325 3 of the Act the tax imposed is a Special Tax and not a special assessment and there is no requirement that the tax be apportioned on the basis of benefit to any property The Special Tax may be based on benefit received by parcels of real property the cost of making facilities or authonzed services available to each parcel or other reasonable basis as determined by the legislative body although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution As shown in Exhibit B the Rate and Method of Apportionment approved in the Resolution of Intention provides information sufficient to allow each property owner within CFD No 2006 9 to estimate the maximum annual Special Tax he or she will be required to pay Sections A through C below provide additional information on the Rate and Method of Apportionment of the Special Tax for CFD No 2006 9 as is proposed to be adopted in the Resolution of Formation for CFD No 2006 9 Please note that all capitalized terms used herein unless otherwise indicated shall have the meanings defined in the Rate and Method of Apportionment A Explanation for Special Tax Apportionment When a community facilities district (a CFD ) is formed a special tax may be levied on each parcel of taxable property within the CFD to pay for the construction acquisition and rehabilitation of public facilities to pay for authonzed services or to repay bonded indebtedness or other related expenses incurred by the CFD This special tax must be apportioned in a reasonable manner however the tax may not be apportioned on an ad valorem basis When more than one type of land use is present within a CFD several criteria may be considered when apportioning the special tax Generally criteria based on building square footage acreage and land use are selected and categories based on such critena are established to differentiate between parcels of property These categories are a direct result of the projected product mix and are reflective of the proposed land use types within that CFD Specific special tax levels are assigned to each land use class with all parcels within a land use class assigned the same special tax rate The facilities to be funded by CFD No 2006 9 are generally in tract infrastructure improvements These improvements are required for the orderly development of the property within CFD No 2006 9 Each property will benefit from the improvements in several ways 1) traffic circulation 2) site access 3) recreational amenities 4) access to utilities and 5) overall quality of life enhancement The special tax can be apportioned using several different factors related to each property including density land area traffic generation and building square footage Four Land Use Classes have been established for Developed Property as shown in Table 1 below The Special Tax for a residential property will vary directly with the amount of residential floor area on each parcel The Special Tax for non residential property will be determined based on the acreage of the parcel(s) The Special Tax for Undeveloped Property Taxable Property Owner Association Property and Taxable Public Property will be determined by the acreage of the property AGENDA ITEM NO 2` 1 Q \ELSNORE \CFD 2006 9 T este \reports \CFD Rep rt 2006 9 CTneste) d o PAGE1.7—OF-L20 City of Lake Elsinore January 11 2007 CFD No 2006 9 (Trieste) Page 7 COMMUNITY FACILITIES DISTRICT REPORT Based on the types of public facilities that are proposed for CFD No 2006 9 and the factors described above the Special Taxes assigned to specific land uses are generally proportionate to the relative benefits received by them and accordingly the Special Taxes in CFD No 2006 9 can be considered fair and reasonable In addition a maintenance special tax (Special Tax for Services) has been established to cover the on going costs of maintenance of the parks open space and public storm drain system required from new development The Special Tax for Residential Property will be based on a per unit basis The area of the property will determine the Special Tax for Non Residential Property B Maximum Special Tax Rates Special Tax for Facilities Table 1 on the following page lists the Assigned Special Tax rates for fiscal year 2007 08 that are proposed to be levied against Developed Property within CFD No 2006 9 The Maximum Special Taxes for developed property cannot exceed the rates shown in Table 1 for fiscal year 2007 08 except when the Backup Special Tax is used as discussed in Section C below The Maximum Special Tax that may be levied against Undeveloped Property Taxable Property Owner Association Property and Taxable Public Property cannot exceed $31966 per Acre for fiscal year 2007 08 The Assigned Special Taxes and Maximum Special Taxes will increase at a rate of two percent per year Each year the City Council shall levy the Special Tax subject to the methodology and Maximum Special Taxes set forth in the Rate and Method of Apportionment in an amount sufficient to meet the Special Tax Requirement Special Tax for Services Table 2 on the following page lists the Maximum Special Tax rates for fiscal year 2007 08 that are proposed to be levied against property within CFD No 2006 9 The Assigned Special Taxes and Maximum Special Taxes will increase at a rate of two percent per year C Backup Special Tax Pursuant to the Rate and Method of Apportionment the Maximum Special Tax for Developed Property is the greater of (1) the amount derived by application of the Assigned Special Tax or (it) the amount derived by application of the Backup Special Tax The Backup Special Tax will increase at a rate of two percent per year D Accuracy of Information In order to establish the Assigned Special Tax rates the Backup Special Tax and the Maximum Special Tax rate for Developed Property Approved Property Undeveloped Property Taxable Property Owner Association Property and Taxable Public Property as set forth in the Rate and Method of Apportionment for CFD 2006 9 the Special Tax Consultant has relied on information including but not limited to absorption land use types building square footage and net taxable acreage which were provided to the Special Tax Consultant by others The Special Tax Consultant did not independently verify such data and disclaims responsibility for the impact of inaccurate data provided by others if any on the Rate and Method of Apportionment for CFD No 2006 9 including the inability to meet the financial obligations of CFD No 2006 9 Q \ELSINORE\CFD 2006 9 Tneste \reports \CFD R p a 2006 9 (Tneste) d e AGENDA ITEM NO �L_ PAGE OF /-Ii City of Lake Elsinore CFD No 2006 9 (Trieste) COMMUNITY FACILITIES DISTRICT REPORT TABLE 1 January 11 2007 Page 8 Special Tax for Facilities Assigned Special Taxes for Developed Property Community Facilities District No 2006 9 Fiscal Year 2007 2008 Land Use Class Description F r _ t Residential Floor Area Assigned Special Tax for Facilities 1 Residential Property More than 2 100 sq ft $3 085 per unit 2 Residential Property 1 800 — 2 100 sq ft $2 891 per unit 3 Residential Property Less than 1 800 sq ft $2 708 per unit 4 Non Residential Property NA $30 518 per Acre TABLE 2 Special Tax for Services for Developed Property Community Facilities District No 2006 9 Fiscal Year 2007 2008 Description Rate Single Family Property $25178 per unit Multifamily Property $125 89 per unit Non Residential Property $567 02 per Acre Q \ELSEVORE \CFD 2006 9 T ste\reports \CFD Report 2006 9 (Tneste) doe AGENDA ITEM NO PAGE—L�OF,�22 City of Lake Elsinore January 11 2007 CFD No 2006 9 (Trieste) Page 9 COMMUNITY FACILITIES DISTRICT REPORT VII Boundaries of CFD No 2006 9 The boundaries of CFD No 2006 9 include all land on which special taxes may be levied A copy of the Boundary Map for CFD No 2006 9 is included as Exhibit A Q \ELS [NOR E\CFD 2006 9 Tne t \ eports \CFD Rep n 2006 9 (Trieste) doe AGENDA ITEM NO PAGE 100 OF APf7 City of Lake Elsinore January 11 2007 CFD No 2006 9 (Trieste) Page 10 COMMUNITY FACILITIES DISTRICT REPORT VIII General Terms and Conditions A Substitution Facilities The description of the public facilities as set forth herein are general in their nature The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications The final plans may show substitutes in lieu or modifications to the proposed work in order to accomplish the work of improvement and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service and are of a type substantially similar to that as set forth in this Report Q Fi woRe cFD zoob 9 r t AGENDA ITEM NO epoms CFD Repon 2006 9 (T is te) doe PAGE.. 1r1.. OF City of Lake Elsinore January 11 2007 CFD No 1006 9 (Trieste) Page 11 COMMUNITY FACILITIES DISTRICT REPORT IX Certification Based on the information provided herein it is my opinion that the facilities and services described herein are necessary to meet increased demands placed upon the County as a result of development occurring within the boundaries of CFD No 2006 9 and benefit the lands within said CFD No 2006 9 Further it is my opinion that the special tax rates and method of apportionment as set forth herein are fair and equitable uniformly applied and not discriminating or arbitrary Dated January 11 2007 Harris & Associates Dennis A Anderson Associate / Project Manager Q \ELSTNORE \CFD 2006 9 T est \ epons \CFD Report 2006 9 (Tneste) doc AGENDA ITEM NO : PAGE DaOF� City of Lake Elsinore CFD No 2006 9 (Trieste) uc t Exhibit A Bou PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No 2006 -9 OF THE CITY OF LAKE ELSINORE (TRIESTE) COUNTY OF RIVERSIDE STATE OF CALIFORNIA January 11 2007 Page A 1 as lY M W $CNE I MEW pSRC LRWMY � 1IR PTS Y M M1 41A% M M M1 Y IM'L ELSM]RC Tu3 Cpl. O �9y6 IMM RNNY IMI M TN YM 9gME IIC M1P°OSm LOYWMRS V LW WHIT nglRS Ib IM K6 (M" hf. M1 Cf lMr 65WX CNMIY A 1014Gr. 1[ 6 C.4ipC1 AS IYG90MD MF iY UNKi W MF fY V 4N[ tlS plrr MpILLVL SCNLpMFO YfFThW 11YMV X10.0 W IIE M Y �� XAV BT 16 MSCI CN �� mrn Inns _ a a _� xos >M inn 6 _ aovv oa` rc unrs ° ce w.i�'a a � afQM1iwr"rtmia�i'` �c mnr' or � >woua'�0�is R w� M0- Wn1a war rt 1_ M3IAL 2 ME KRSLE CttW IY 1S #SiP1' M KN fE INL OrSG M' T MCrI NES M9 OYF 9MY Q \ELSINORE \CFD 2006 9 Trieste\rep rt \CFD Report 2006 9 (Tr este) doc AGENDA ITEM NO PAGE 163 OF/—qQ City of Lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page B 1 Rate and Method of Apportionment RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT No 2006 9 OF THE CITY OF LAKE ELSINORE (TRIESTE) A Special Tax shall be levied on all Assessor s Parcels in Community Facilities District No 2006 9 of the City of Lake Elsinore (Trieste) ( CFD No 2006 9 ) and collected each Fiscal Year commencing in Fiscal Year 2007 2008 in an amount determined through the application of this Rate and Method of Apportionment as described below All of the real property in CFD No 2006 9 unless exempted by law or by the provisions hereof shall be taxed for the purposes to the extent and in the manner herein provided A The terms hereinafter set forth have the following meanings Acre or Acreage means the land area of an Assessors Parcel as shown on or determined from the applicable Assessors Parcel Map Notwithstanding the foregoing the Acreage attributable to a Condominium shall be computed by the CFD Administrator by dividing the total Acreage for the Final Subdivision in which the Condominium is located less the Acreage for any Property Owner Association Property and/or Public Property by the total number of Condominiums to be constructed within such Final Subdivision as determined from the applicable Condominium Plan Act means the Mello Roos Community Facilities Act of 1982 being Chapter 2 5 Part 1 Division 2 of Title 5 of the California Government Code Administrative Expenses means the following actual or reasonably estimated costs directly related to the administration of CFD No 2006 9 the costs of computing the Special Taxes and preparing the annual 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 to the Trustee the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture the costs to the City CFD No 2006 9 or any designee thereof of complying with arbitrage rebate requirements the costs to the City CFD No 2006 9 or any designee thereof of complying with disclosure requirements of the City CFD No 2006 9 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 2006 9 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 2006 9 for any other administrative purposes of CFD No 2006 9 including attorney s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes Assessors Parcel means a lot or parcel including but not limited to Condominiums to which an Assessor s parcel number is assigned as determined from an Assessor s Parcel Map or the applicable assessment roll City of Lake Elsinore AGENDA ITEM NO 1117/2006 Community Facilities District No 2006 9 Page 1 PAGE 19 OF-Zaf7 City of Lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page B 2 Rate and Method of Apportionment Assessors Parcel Map means an official map of the County Assessor of the County designating parcels by Assessor s Parcel number 'Assigned Special Tax for Facilities' means the Special Tax for Facilities for each Land Use Class of Developed Property as determined in accordance with Section C 1 (b) below Authorized Facilities means those facilities eligible to be funded by CFD No 2006 9 Backup Special Tax for Facilities means the Special Tax for Facilities applicable to each Assessors Parcel of Developed Property as determined in accordance with Section C 1 (c) below Certificate of Occupancy means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents ' CFD Administrator' means an official of the City or designee thereof responsible for determining the Special Tax Requirement for Facilities the Special Tax Requirement for Services as determined in accordance with Section I below and providing for the levy and collection of the Special Taxes CFD No 2006 9' means Community Facilities District No 2006 9 of the City of Lake Elsinore (Trieste) CFD No 2006 9 Bonds means any bonds or other debt (as defined in Section 53317(d) of the Act) whether in one or more series issued by CFD No 2006 9 and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No 2006 9 under the Act City means the City of Lake Elsinore Condominium means a unit meeting the statutory definition of a condominium contained in the California Civil Code Section 1351 and for which a condominium plan has been recorded pursuant to California Civil Code Section 1352 Condominium Plan means a condominium plan as set forth in the California Civil Code Section 1352 Council means the City Council of the City of Lake Elsinore acting as the legislative body of CFD No 2006 9 County means the County of Riverside Developed Property means with respect to the Special Tax for Facilities for each Fiscal Year all Taxable Property exclusive of Taxable Public Property and Taxable Property Owner Association Property for which the Final Subdivision was recorded on or before January I of the prior Fiscal Year and a building permit for new construction was issued on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied City of Lake Elsinore AGENDA ITEM NO 11/7/2006 Community Facilities District No 2006 9 age 2 PAGE.- F-ZO City of Lake Elsinore Exhibit B November 7 2006 CFO No 2006 9 (Trieste) Page B 3 Rate and Method of Apportionment Final Subdivision means a subdivision of property by recordation of (i) a final map or portion thereof approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq ) that creates individual lots for which building permits may be issued or (n) lot line adjustment approved by the City ' Fiscal Year means the penod starting July 1 and ending on the following June 30 ' Indenture means the indenture fiscal agent agreement resolution or other instrument pursuant to which CFD No 2006 9 Bonds are issued as modified amended and/or supplemented from time to time and any instrument replacing or supplementing the same Land Use Class means any of the classes listed in Table 1 below Maximum Special Tax for Facilities means the maximum Special Tax for Facilities determined in accordance with Section C below that can be levied 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 permitting the construction of one or more non residential units or facilities has been issued by the City and which is not otherwise Residential Property Outstanding Bonds means all CFD No 2006 9 Bonds which are deemed to be outstanding under the Indenture ' Property Owner Association Property means for each Fiscal Year (i) any property within the boundanes of CFD No 2006 9 that was owned by a property owner association including any master or sub association as of January 1 of the pnor Fiscal Year (n) any property located in a Final Subdivision that was recorded as of the May 1 preceding the Fiscal Year in which the Special Tax is being levied and which as determined from such Final Subdivision is or will be open space a common area recreation facility or a private street or (in) any property which as of the May 1 preceding the Fiscal Year for which the Special Tax is being levied has been conveyed irrevocably dedicated or irrevocably offered to a property owners association including any master or sub association provided such conveyance dedication or offer is submitted to the CFD Administrator by May 1 preceding the Fiscal Year for which the Special Tax is being levied Notwithstanding the preceding Property Owner Association Property shall not include any property on which Condominiums are or will be located Proportionately means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor s Parcels of Developed Property For Undeveloped Property Proportionately means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessor s Parcels of Undeveloped Property The term Proportionately may similarly be applied to other categories of Taxable Property as listed in Section D below Public Property means property within the boundaries of CFD No 2006 9 owned by irrevocably offered or dedicated to or over through or under which an easement for purposes of public use has been granted to the federal government the State the County the City or any local government or other public agency provided that any property leased by a public agency to a pnvate entity and subject to taxation under Section 53340 1 of the Act shall be taxed and classified according to its use City of Lake Elsinore AGENDA ITEM NO I 11/7/2006 Community Facilities District No 2006 9 Page 3 PAGL(.D_LOF22D City of Lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page B-4 Rate and Method of Apportionment Residential Floor Area means all of the square footage of living area within the perimeter of a residential structure not including any carport walkway garage overhang patio enclosed patio or similar area The determination of Residential Floor Area for an Assessors Parcel shall be made by reference to the building permit(s) issued for such Assessor s Parcel Such determination shall be final following the issuance of a Certificate of Occupancy for the dwelling unit Residential Property means all Assessors Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City "Special Tax means any of the special taxes authorized to be levied by CFD No 2006 9 pursuant to the Act "Special Tax for Facilities means the special tax to be levied in each Fiscal Year on each Assessors Parcel of Developed Property Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property to fund the Special Tax Requirement for Facilities Special Tax Requirement for Facilities means that amount required in any Fiscal Year for CFD No 2006 9 to (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year (ii) pay periodic costs on the CFD No 2006 9 Bonds including but not limited to credit enhancement and rebate payments on the CFD No 2006 9 Bonds due in the calendar year commencing in such Fiscal Year (iii) pay a proportionate share of Administrative Expenses (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property less (vii) a credit for funds available to reduce the annual Special Tax for Facilities levy as determined by the CFD Administrator pursuant to the Indenture State means the State of California Taxable Property" means all of the Assessors Parcels within the boundaries of CFD No 2006 9 which are not exempt from the Special Tax for Facilities pursuant to law or Section E below Taxable Property Owner Association Property means all Assessor s Parcels of Property Owner Association Property that are not exempt pursuant to Section E below Taxable Public Property means all Assessors Parcels of Public Property that are not exempt pursuant to Section E below Trustee means the trustee or fiscal agent under the Indenture Undeveloped Property means for each Fiscal Year all Taxable Property not classified as Developed Property Taxable Property Owner Association Property or Taxable Public Property City of Lake Elsinore 11/7/2006 Community Facilities District No 2006 9 AGENDA ITEM NO 4 PAGE -OF ,&D City of Lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page B5 Rate and Method of Apportionment B ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year all Taxable Property within CFD No 2006 9 shall be classified as Developed Property Taxable Public Property Taxable Property Owner Association Property or Undeveloped Property and shall be subject to the Special Tax for Facilities in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below Residential Property shall be assigned to Land Use Classes 1 through 3 as listed in Table 1 below based on the Residential Floor Area for each unit Non Residential Property shall be assigned to Land Use Class 4 C MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No 2006 9 Bonds the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1) and the Backup Special Tax for Facilities attributable to a Final Subdivision 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 Community Facilities Act of 1982 adopted by the Council the Goals and Policies ) calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City s maximum level objective set forth in such document the Assigned Special Tax for Facilities on Developed Property and the Backup Special Tax for Facilities attributable to a Final Subdivision may be reduced 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 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 Developed Propert y (a) Maximum Special Tax for Facilities The Maximum Special Tax for Facilities for each Assessors Parcel classified as Developed Property shall be the greater of (i) the amount denved by application of the Assigned Special Tax for Facilities or (n) the amount denved by application of the Backup Special Tax for Facilities (b) Assigned Special Tax for Facilities The Assigned Special Tax for Facilities for each Land Use Class is shown below in Table 1 City of Lake Elsinore ( f 11/7/2006 Community Facilities District No 2006 9 AGENDA ITEM NO �` ( Page 5 PAGIL FOFO City of Lake Elsinore Exhibit B November 7 2006 CFO No 2006 9 (Trieste) Page B 6 Rate and Method of Apportionment TABLE 1 Assigned Special Tax for Facilities for Developed Property Community Facilities District No 2006 9 Land Use Class Description Residential Floor Area Assigned Special ' Jax for Facilities I Residential Property More than 2 100 sq ft $3 085 per unit 2 Residential Property 1 800 — 2 100 sq ft $2 891 per unit 3 Residential Property Less than 1 800 sq ft $2 708 per unit 4 Non Residential Property NA $30 518 per Acre (c) Backup Special Tax for Facilities The Backup Special Tax for Facilities attributable to a Final Subdivision will equal $31 966 multiplied by the Acreage of all Taxable Property exclusive of any Taxable Property Owner Association Property and Taxable Public Property therein The Backup Special Tax for Facilities for each Assessor s Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessors Parcels and/or residential units for which building permits for residential construction have or may be issued (i a the number or residential lots and/or units) The Backup Special Tax for Facilities for each Assessor s Parcel of Non Residential Property therein shall equal $31966 multiplied by the Acreage of such Assessor s Parcel If a Final Subdivision includes Assessors Parcels of Taxable Property for which building permits for both residential and non residential construction may be issued exclusive of Taxable Property Owner Association Property and Taxable Public Property then the Backup Special Tax for Facilities for each Assessors Parcel of Residential Property shall be computed exclusive of the Acreage and Assessors Parcels of property for which building permits for non residential construction may be issued Notwithstanding the foregoing if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessors Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision then the Backup Special Tax for Facilities for each Assessor s Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below The Backup Special Tax for Facilities previously determined for an Assessor s Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated City of Lake Elsinore AGENDA ITEM NO Community Facilities District No 2006 9 11/7/2006 �� Page 6 City of Lake Elsinore Exhibit B November 7 2006 CFO No 2006 9 (Trieste) Page 8 7 Rate and Method of Apportionment Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area as reasonably determined by the CFD Administrator The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessors Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied (d) Multiple Land Use Classes In some instances an Assessor s Parcel of Developed Property may contain more than one Land Use Class 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 Classes located on that Assessors Parcel The CFD Administrators allocation to each type of property shall be final Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Propert y The Maximum Special Tax for Facilities for Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property shall be $31966 per Acre D METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2007 2008 and for each following Fiscal Year the Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities The Special Tax for Facilities shall be levied each Fiscal Year as follows First The Special Tax for Facilities shall be levied on each Assessor s Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities Second If additional monies 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 Assessors Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property Third If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed then the levy of the Special Tax for Facilities on each Assessors Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessors Parcel City of Lake Elsinore 11/7/2006 Community Facilities District No 2006 9 AGENDA ITEM NO L Page 7 PAGE,L/t-)OF City of Lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page 3 8 Rate and Method of Apportionment Fourth If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed then the Special Tax for Facilities shall be levied Proportionately on each Assessors Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property Notwithstanding the above the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above) when (i) the Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities (u) all authorized CFD No 2006 9 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No 2006 9 Bonds (except refunding bonds) to be supported by the Special Tax for Facilities and (iii) all Authorized Facilities have been constructed and/or acquired and all reimbursements to the developer for the construction and/or acquisition of such facilities have been paid as permitted by law Further notwithstanding the above under no circumstances will the Special Tax for Facilities levied against any Assessors Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor s Parcel within CFD No 2006 9 E EXEMPTIONS No Special Tax for Facilities shall be levied on up to 2 3 Acres of Property Owner Association Property and/or Public Property in CFD No 2006 9 Tax exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property However should an Assessors Parcel no longer be classified as Property Owner Association Property or Public Property its tax exempt status will be revoked Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property F MANNER OF COLLECTION 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 2006 9 may directly bill the Special Tax for Facilities may collect the Special Tax 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 G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G C Lake Elsinore AGENDA ITEM NO 11 / Community Page 8 unity Facilities District No 2006 9 Page 8 PAGE // OF A;'P City of Lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page B 9 Rate and Method of Apportionment Bmldout means for CFD No 2006 9 that all expected building permits for dwelling units to be constructed in CFD No 2006 6 have been issued as reasonably determined by the CFD Administrator CFD Public Facilities ' means either $3 564 033 in 2006 dollars which shall increase by the Construction Inflation Index on July 1 2007 and on each July 1 thereafter or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide funding for all of the Authorized Facilities or (u) shall be determined by the Council concurrently with a covenant that it will not issue any more CFD No 2006 9 Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles measured as of the calendar 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 CFD Administrator 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 (1) costs of Authorized Facilities previously paid from the Improvement Fund (n) moneys currently on deposit in the Improvement Fund available to pay costs of Authorized Facilities and (in) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of Authorized Facilities Improvement Fund" means an account specifically Identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct Authorized Facilities Previously Issued Bonds means for any Fiscal Year all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year Prepayment in Full Only an Assessors Parcel of Developed Property or Undeveloped Property for which a budding permit has been issued may be prepaid The obligation of the Assessors Parcel to pay the Special Tax for Facilities may be permanently satisfied as described herein provided that a prepayment may be made with respect to a particular Assessor s Parcel only if there are no delinquent Special Taxes with respect to such Assessor s Parcel at the time of prepayment An owner of an Assessors 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 written notice the CFD Administrator shall notify such owner of the prepayment amount for such Assessors 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 occurring date that notice of redemption of CFD No 2006 9 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture City of Lake Elsinore 11/7/2006 Community Facilities District No 2006 9 AGENDA ITEM NO _a_ Page 9 PAGE /a OFD City of Lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page B 10 Rate and Method of Apportionment The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below) Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitahzed Interest Credit Total equals Special Tax for Facilities Prepayment Amount As of the proposed date of prepayment the Special Tax for Facilities Prepayment Amount shall be calculated as follows Paraeraoh No Confirm that no Special Tax delinquencies apply to such Assessor s Parcel For Assessor s Parcels of Developed Property compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities For Assessors Parcels of Undeveloped Property for which a building permit has been issued compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor s Parcel as though it was already designated as Developed Property based upon the building permit which has already been issued for that Assessor s Parcel (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No 2006 9 based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No 2006 9 excluding any Assessor s Parcels which have been prepaid and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No 2006 9 excluding any Assessor s Parcels which have been prepaid 4 Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the Bond Redemption Amount) 5 Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e g the redemption price 100 %) if any on the Previously Issued Bonds to be redeemed (the Redemption Premium ) 6 Compute the current Future Facilities Costs 7 Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the Future Facilities Amount ) City of Lake Elsinore AGENDA ITEM NO �y 1 117/2006 Community Facilities District No 2006 9 age 10 PAGE//3 OF /2 D City of lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page 8 11 Rate and Method of Apportionment 8 Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds 9 Determine the Special Tax for Facilities levied on the Assessor s Parcel in the current Fiscal Year which has not yet been paid 10 Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment 11 Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the Defeasance Amount ) 12 The administrative fees and expenses of CFD No 2006 9 are as calculated by the CFD Administrator and include the costs of computation of the prepayment the costs to invest the prepayment proceeds the costs of redeeming CFD No 2006 9 Bonds and the costs of recording any notices to evidence the prepayment and the redemption (the Administrative Fees and Expenses ) 13 The reserve fund credit (the Reserve Fund Credit ) shall equal the lesser of (a) the expected reduction in the reserve requirement (as defined in the Indenture) if any associated with the redemption of Previously Issued Bonds as a result of the prepayment or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date but in no event shall such amount be less than zero No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture) 14 If any capitalized interest for the Previously Issued 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 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the Capitalized Interest Credit ) 15 The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4 5 7 11 and 12 less the amounts computed pursuant to paragraphs 13 and 14 (the Special Tax for Facilities Prepayment Amount ) From the Special Tax for Facilities Prepayment Amount the amounts computed pursuant to paragraphs 4 5 11 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No 2006 9 Bonds or make debt service payments The amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund The amount computed pursuant to paragraph 12 shall be retained by CFD No 2006 9 City of Lake Elsinore AGENDA ITEM NO Z 11/7/2006 Community Facilities District No 2006 9 Page 11 PAGE, .OF �W City of Lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page B 12 Rate and Method of Apportionment The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full $5 000 increment of CFD No 2006 9 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 CFD No 2006 9 Bonds or to make debt service payments As a result of the payment of the current Fiscal Year s Special Tax for Facilities levy as determined under paragraph 9 (above) the CFD Administrator shall remove the current Fiscal Year s Special Tax for Facilities levy for such Assessor s Parcel from the County tax rolls With respect to any Assessors Parcel that is prepaid the Council shall cause a suitable notice to be recorded in compliance with the Act to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessors Parcel and the obligation of such Assessors Parcel to pay the Special Tax for Facilities shall cease Notwithstanding the foregoing no Special Tax for Facilities prepayment shall be allowed unless at the time of such proposed prepayment the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No 2006 9 (after excluding 2 3 Acres of Property Owner Association Property and/or Public Property in CFD No 2006 9 as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses as defined in Section A above and (n) 1 10 times maximum annual debt service in each remaining Fiscal Year on the Outstanding Bonds Prepayment in Part The Special Tax for Facilities on an Assessors Parcel of Developed Property or an Assessor s Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid The amount of the prepayment shall be calculated as in Section G 1 except that a partial prepayment shall be calculated according to the following formula PP= [(PE— A) x F] +A These terms have the following meaning PP = the partial prepayment PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G 1 F = the percentage expressed as a decimal by which the owner of the Assessor s Parcel is partially prepaying the Special Tax for Facilities A = the Administrative Fees and Expenses calculated according to Section G 1 The owner of any Assessors 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 of the 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 any Assessor s Parcel that is partially prepaid the Council shall (1) distribute the funds remitted to it according to Section G 1 and (n) indicate in the records of CFD No 2006 9 that there has been a partial City of Lake Elsinore �t 11/7/2006 Community Facilities District No 2006 9 AGENDA ITEM NO 2 -A Page 12 PAGE,.' OF A City of Lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page B i3 Rate and Method of Apportionment 9 prepayment of the Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor s Parcel equal to the outstanding percentage (1 00 F) of the remaining Maximum Special Tax for Facilities shall continue to be levied on such Assessor s Parcel pursuant to Section D above H TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2007 2008 provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No 2006 9 Bonds have been paid (n) all Authorized Facilities have been constructed and/or acquired and all reimbursements to the developer for the construction and/or acquisition of such facilities have been paid as permitted by law and (in) all other obligations of CFD No 2006 9 have been satisfied SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I 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 prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied 'Developed Single 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 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 2006 9 in any Fiscal Year on any Assessor s Parcel Operating Fund' means a fund that shall be maintained for CFD No 2006 9 for any Fiscal Year to pay for the 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 2006 9 pursuant to the Act to fund the Special Tax Requirement for Services Special Tax Requirement for Services means the amount determined in any Fiscal Year for CFD No 2006 9 equal to (i) the budgeted costs directly related to the Service Area including maintenance repair and replacement of certain components of the Service Area City of Lake Elsinore (l 11/7/2006 nnf� Community Facilities District No 2006 9 AGENDA ITEM NO !� Page 13 PAGE Z/6 OF City of Lake Elsinore Exhibit B November 7 2006 CFO No 2006 9 (Trieste) Page B 14 Rate and Method of Apportionment which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year (u) pay a proportionate share of Administrative Expenses and (m) anticipated Special Tax for Services delinquencies based on the delinquency rate for the Special Tax for Services levy in CFD No 2006 9 for the previous Fiscal Year less (iv) the Operating Fund Balance as determined by the CFD Administrator Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2007 2008 and for each subsequent Fiscal Year the Council shall levy the Special Tax for Services on (Q all Assessor s Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (u) all Assessors 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 2007 2008 shall be $25178 per Developed Single Family Unit $125 89 per Developed Multifamily Unit and $567 02 per Acre for each Assessor s Parcel of Non Residential Property On each July 1 commencing July 1 2008 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 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 2006 9 may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessors Parcel is in error may submit a written appeal to CFD No 2006 9 The CFD Administrator shall review the appeal and if the CFD Administrator concurs the amount of the Special Tax levied shall be appropriately modified The Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals Any decision of the Council shall be final and binding as to all persons City of Lake Elsinore Community Facilities District No 2006 9 11/7/2006 AGENDA ITEM NO --_2j,_,__ Page 14 PAGE —&LOF, City of Lake Elsinore Exhibit B November 7 2006 CFD No 2006 9 (Trieste) Page B 15 Rate and Method of Apportionment EXHIBIT A CITY OF LAKE ELSINORE AND CFD No 2006 9 CERTIFICATE Pursuant to Section C of the Rate and Method of Apportionment the City of Lake Elsinore ( City) and Community Facilities District No 2006 9 of the City of Lake Elsinore ( CFD No 2006 9) hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2006 9 (a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed Property within CFD No 2006 9 shall be modified as follows Land Use Class Description Residential Floor Area Assigned Special Tax for Facilities 1 Residential Property More than 2 100 sq ft $ per unit 2 Residential Property 1 800 — 2 100 sq ft $ per unit 3 Residential Property Less than 1 800 sq ft $ per unit 4 Non Residential Property NA $ per Acre (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No 2006 9 as stated in Section C 1 (c) shall be reduced from $31966 per Acre to $^ per Acre 2 The Special Tax for Facilities may only be modified prior to the first issuance of CFD No 2006 9 Bonds 3 Upon execution of the Certificate by the City and CFD No 2006 9 the City shall cause an amended notice of Special Tax hen for CFD No 2006 9 to be recorded reflecting the modifications set forth herein By execution hereof the undersigned acknowledges on behalf of the City and CFD No 2006 9 receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate CITY OF LAKE ELSINORE CFD Administrator Date COMMUNITY FACILITIES DISTRICT NO 2006 9 OF THE CITY OF LAKE ELSINORE M City of Lake Elsinore Community Facilities District No 2006 9 Date /7006 AGENDA ITEM NO "La" 15 PAGE_&___OF�D City of Lake Elsinore EXHIBIT C CFD No 2006 9 (Trieste) Owner List City of Lake Elsinore Community Facilities District No 2006 -9 (Trieste) Property Owner List APN Owner Acreage 347 120 047 MBK HOMES LTD 1297 January 11 2007 Page C 1 Q \ELSINORE \CFD 2006 9 T te\repom \CFD Repon 2006 9 (Tneste) doc AGENDA ITEM NO Y PAGE��OF_ City of Lake Elsinore CFD No 2006 9 (Trieste) EXHIBIT D Effective Tax Rate Proposed Community Facilities District No 2006 9 City of Lake Elsinore (Trieste) Product Mix and Special Taxes Ill Fiscal Year 2006 2007 January 11 2007 Page D 1 Home Special Tax Category Land Use Land Use Land Use Home Square Footage Class 1 Class 2 Class 3 Lowest Home Price > 2 100 sf 1 800 2 100 sf < 1 800sf Equils Estimated Assessed Value $ 392 990 $ 372 990 $ 353 990 Number of Units $ 392 990 $ 372 990 $ 353 990 40 42 39 Base Property Tax (1 0000 / ) Taxes of all Agencies $ 3 929 90 $ 3 729 90 $ 3 539 90 Metro Water West 1302999(00047 /) N W Mosquito & Vector Control District $ 1847 $ l7 53 $ 1664 CSA 152 Lake Elsinore Stormwater $ 1060 $ 10 60 $ 1060 City of Lake Elsinore Citywide LLMD $ 664 $ 664 $ 664 City of Lake Elsinore LLMD No I $ 2490 $ 2490 $ 2490 MWD Water Standby West Charge $ 13666 $ 13666 $ 13666 Flood Zone 3 Benefit Assessment District $ 922 $ 922 $ 922 City of Lake Elsinore CFD No 2003 1 $ 2609 $ 2609 $ 2609 1 reposed CFD No 2006 9 Special Tax for Services $ 318 36 $ 31836 $ 31836 Proposed CFD No 2006 9 Special Tax for Facilities $ $ 24684 $ 24684 $ 24684 3 085 00 $ 2 891 00 $ 2 708 00 Total Property Taxes Annu�il Home Tax Rate (/) $ 781268 68 $ 741774 $ 7 043 85 1988/ 1989/ 1990/ Gross Acreage Exempt Acreage (Public & Association Property) Net Taxable Acreage Undeveloped Special Tax Rate Backup Special Tax Rate Within Final Subdivision 12 97 acres (1 49) acres 11 48 acres $31966 /acre Greater of Assigned Special Tax or $31 966 /acre I I I Based on Projected Special Tax and Bonded Indebtedness prepared by David Taussig & Associates dated November 7 200 Q \ELSINORE \CFD 2006 9 Tneste\repons \CFD Report 2006 9 (TneS[e) doc AGENDA ITEM NO PAGE�OF� CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE JANUARY 23, 2007 SUBJECT 2008 APPROPRIATIONS REQUESTS (PROPOSED) BACKGROUND On January 9, the City Council authorized a City delegation to loin our Washington, D C legislative advocate for meetings on Capitol Hill on February 6th to discuss Fiscal Year 2008 appropriations requests summarized in the table below Because no earmarks were granted in FY 2007, the City s FY 2008 appropriations requests remain largely the same as the FY 2007 Congressional Agenda package CITY OF LAKE ELSINORE FISCAL YEAR 2008 CONGRESSIONAL AGENDA Project Description Bill Account Request 115 /Railroad Canyon Improve major interchange on Road Interchange Interstate 15 T HUD FHWA $8 million Improvements Lake Elsinore Safety and recreational Recreational Facilities improvements to City s T HUD EDI $2 million Rehabilitation recreational area and boat launch Lake Elsinore Rehabilitate lake through Energy Corps of Environmental enhancing fishery and restoring and Engineers — $500000 Enhancement wetlands Water Section 206 Agenda Item No '-�51 Page —L— of ` / / Lakeshore Drive Safety and aesthetic Improvements enhancements to main economic T HUD TCSP $2 million thoroughfare Lake Elsinore Comprehensive water quality Watershed monitoring program Interior EPA STAG $500 000 Improvement DISCUSSION The City has contracted with the Ferguson Group for Washington, D C legislative services to assist with the federal appropriations process for a second year The FY 2007 Congressional Agenda package, prepared last year and attached for reference, identifies City projects for which appropriations (earmarks) are still being sought The City s lobbying effort comes at an unprecedented time for legislative earmarks — Congress has recently decided to forgo passage of individual appropriations bills for FY 2007 opting to pass a Joint Resolution that will fund the government through September 30 2007 As a result, the City and most entities seeking earmarks are effectively starting over by re instituting their FY 2007 Congressional Agendas in the FY 2008 appropriations process Staff will apply any necessary revisions to the proposed FY 2008 Congressional Agenda, guided by The Ferguson Group FISCAL IMPACT In its first year of the appropnations process, the City has sought approximately $13 million in federal appropriations funding These are the last dollars needed to complete projects of high importance that will each be funded from a variety of local state and federal revenue sources With no guarantee that the City will receive any federal earmarks other revenue sources will be needed to ensure these projects can continue to move forward Agenda Item No 5 Page a ofA- RECOMMENDATION Discuss proposed appropriations requests and concur with direction from the Ferguson Group to re-institute the City s FY 2007 Congressional Agenda In FY 2008 PREPARED BY MARK DENNIS COMMUNICATIONS /INFORMATION MANAGER APPROVED FOR AGENDA BY Agenda Item No Page 3 of City of Lake Elsinore City Council 1/23107 Page 1 of 8 CITY OF LAKLNI�k� City or take Elsm'ore Fiscal Year y f 00 + F � � Agenda (� LE Briefing Book Materials FY2008_Counci1012307rev 8 AGENDA ITEM NO -,ad — PAGE � OF-LL City of Lake Elsinore City Council 1/23/07 Page 2 of 8 CITY OF LAX-E LSINORE -� DREAM City of Lake Elsinore Fiscal Year 2008 Congressional Agenda Project Description Bill Account Request 115 /Railroad Canyon Road Improve major interchange T HUD FHWA $8 million Interchange on Interstate 15 Improvements Lake Elsinore Safety ands ear Recreational Facilities improvem is fq �ty,,,,e��s� tP recreatfonlalil�i �fD EDI $2 million �r f Rehabilitation Lake Elsinore Rehabilitate lake through Energy and Corps of Environmental enhancing fishery and Water Engineers — $500000 Enhancement restoring wetlands Section 206 Lakeshore Drive Safety and aesthetic Improvements enhancements to main T HUD TCSP $2 million economic thoroughfare Lake Elsinore Watershed Comprehensive water quality Interior EPA STAG $500000 Improvement monitoring program Contact David Kennett The Ferguson Group (202) 331 8500 dkennettntfgnet com LE Briefing Book Materials FY2008_Counci1012307rev B AGENDA ITEM NO PAGE —OF —L City of Lake Elsinore City Council 1/23/07 Page 3 of 8 CITY OF LAKE LSINOKE o DREAM City of Lake Elsinore Interstate 15 Railroad Canyon Road Interchange Improvements FY2008 Transportation and Housing and Urban Development Appropriations Request The City of Lake Elsinore requests $8 million for right of way acquisition for an improved interchange on Interstate 15 at Railroad Canyon Road Matching Funds Matching funds are available through locally collected Transportation Improvement Fees locally collected area benefit district fees and locally collected Regional Funds (Transportation Uniform Mitigation Fees — TUMF) Protect Purpose Railroad Canyon Road serves as a connector route between I 15 and 1215 in Southwest Riverside County The current interchange with I 15 serves approximately 50 000 vehicles per day In its current condition o g r /�our�s'reof "mh w isles are backing onto the freeway mainline m both the north and souboud�ior ,� h yafeondrtion interferes with the capacity and function of this highway sectic i T} e I#ve f '� the mt sections adjacent to this interchange is rated Service F ��� ° The Railroad Canyon Road/I 15 project not only serves the City of Lake Elsinore but creates regional benefits as it serves the City of Canyon Lake and community of Menifee to the east and the community of Wildomar to the west The entire region benefits from increased traffic safety both on the main line of 1 15 as well as through regional surface streets An ancillary benefit to the project is the reduction in traffic delays lowering vehicle emissions by reducing stop and go traffic Further Information City Staff is currently working with Caltrans to complete the Project Approval and Environmental Document This document is anticipated to be completed by Fall 2008 Preliminary environmental review is also underway by City and State staff Plans Specifications and Estimates will be completed for bidding purposes by Fall of 2009 After receiving approvals from Caltrans construction is anticipated to begin early to mid 2011 LE Briefing Book Materials FY2008_Counci1012307rev B AGENDA ITEM NO PAGE -_OFI City of Lake Elsinore City Council 1/23/07 Page 4 of 8 CITY OF 0 1 LADE LSINOKE � V DREAM City of Lake Elsinore Lake Elsinore Campground and Boat Launch Facility Rehabilitation Project FY2008 Transportation and Housing and Urban Development Appropriations Request The City of Lake Elsinore requests $2 million from HUD s Economic Development Initiative Account to construct safety and recreational enhancements to the City owned recreational area and boat launch at the lake Rehabilitation of the boat launch facility includes a six lane boat launching ramp three boarding floats 288 vehicle /trailer parking area, launch ramp apron and staging area, restroom building boat wash -down area, fish -cleaning station, landscaping picnic area and lighting Matching Funds The California Department of Boating and Waterways has awarded a $3 million grant to the project and the City has dedicated $2 million from park fees Developer Agreement Contributions and general funds for project construction In concert with this project the City has entered into a long term concession agreement with yatrdv�Flo to delis City owned public campground adjacent to the boat launch facil e � t o * coi�' ession agreement the developer is required to invest $17 million in I alif d in jvg�fietil� the 85�cre public campground facility over the next three years in exchange fo'ft concessiorf rights Project Purpose This facility has deteriorated since it was built in the 1960s and requires rehabilitation to serve the needs of the boating public and increase safety for shoreline users Safety is paramount as five people drowned off the shoreline in the summer of 2000 The existing boat launch facility and peninsula become submerged at a lake elevation higher than 1 240 MSL (feet above mean sea level) The renovation of the boat launch will cause the facility to be fully operational under lake elevations ranging from 1 235 MSL to 1 256 MSL In addition the parking lot entrance roadway and restroom facilities will be raised greater than or equal to an elevation of 1 256 MSL Currently Lake Elsinore s boat launch facilities are inadequate to serve the needs of the boating public and commercial boating industry Approximately 26 000 daily lake use passes were sold by the City in 2005 Growth projections based on a similar lake Lake Perris show an increase of 300% over the next fifteen years for Lake Elsinore if adequate boating facilities stabilized lake level and water quality are provided In addition the City of Lake Elsinore hopes to attract boat manufacturers and dealerships to the region by providing upgraded boating facilities Further Information Public bids for the construction of the project will begin in July 2007 with the project scheduled for completion by October 2008 LE Briefing Book Materials FY2008_Counci1012307rev B AGENDA ITEM NO �� PAGE-2--OF--L- City of Lake Elsinore City Council 1/23/07 Page 5 of 8 CITY OF LADE LSINOBE � V DREAM City of Lake Elsinore Lake Elsinore Environmental Enhancement Project FY2008 Energy and Water Development Appropriations Request The City of Lake Elsinore requests $500 000 from the Army Corps of Engineers Section 206 account to support the on going local effort to reduce algae levels at the lake Matching Funds Approximately $750 000 from Prop 13 Water Bond has been expended by Lake Elsinore /San Jacinto Watersheds Authority to improve the fishery through harvesting Carp maintenance stocking of striped bass (non reproducing) and development of a Fisheries Management Plan for Lake Elsinore The City spends $50 000 per year on the project The City will act as the lead agency in implementing a State Proposition 40 Grant in the amount of $600 000 which was awarded in November 2006 to the Lake Els /Sad kaeinto�Vatsheds�hority (LESJWA) to support this approach in achieving the TMDL *atcr�upj „ ggts, Project Purpose Based on deca °d of AseAti ns df 4nbalanced fish populations in lakes it was discovered that the amount of algae present is often dependent upon the structure of the fish community Lake Elsinore s fishery contains a disproportionately high number of rough fish and bait fish with a comparatively low population of predatory sportfish Funds will be used to restructure Lake Elsinore s fishery by providing protected spawning habitat for predatory sportfish The project consists of grading to contour shorelines providing Carp exclusion barriers the establishment of aquatic plants stocking fish and the addition of artificial and natural fish habitat The cost of nutrient control to the degree required to meet federal/state water quality standards for Lake Elsinore may be cost prohibitive Alternatively a combination of limiting nutrients in the watershed to the maximum extent practicable lake aeration lake level stabilization and biomampulation of the fishery is the best approach to achieve the objective This project complements and works in conjunction with completed or ongomg projects and is a low cost method to attain the water quality standards by manipulating the food web through restructuring of the fishery The community benefits include substantial cost savings to achieve mandated water quality improvements improved sportfishmg improved water quality increased tourism and promotion of future economic development Further Information The project is supported by Elsinore Valley MWD Lake Elsinore /San Jacinto Watersheds Authority San Jacinto River Watershed Council Lake Elsinore Bass Club and County of Riverside The U S Army Corps of Engineers has been consulted throughout the project s development and is supportive of the City s efforts LE Briefing Book Materials FY2008_Counci1012307rev B AGENDA ITEM NOr_L`- PAGE OF—/L City of Lake Elsinore City Council 1/23107 Page 6 of 8 CITY OF ntlhm LADE LSIIYOIZE 'y DREAM City of Lake Elsinore Lakeshore Drive Improvement Protect FY2008 Transportation and Housing and Urban Development Appropriations Request The City of Lake Elsinore requests $2 million from DOT s Transportation and Community Systems Preservation account to construct safety and aesthetic improvements with historical preservation elements on Lakeshore Drive a key arterial and economic corridor Matching Funds The City is spending its own funds to hire consultants to prepare Plans Specifications and Estimates for this project Matching funds are available through a locally collected Transportation Improvement Fee Project Purpose The project will widen Lakeshore Drive from two lanes one in each direction to provide a median island with prop r left/i po�cets ct will serve residents as well as tourists visiting for recreation by rovioi � e ntii�gpen� and safety Aesthetics in the area will be upgraded by incorporating plan cTp'c, #no use of corn style histonc lights The widening project will also enhance the view of the lake through cooperation with the Edison Company s Rule 20A providing funds to underground unsightly overhead power lines Safety will be provided for with breaks in the median to provide left turn pockets By segregating the turning movements from the through movements fewer conflicts will arise and fewer accidents will occur City Staff has been working with the local Historic Society on plans to salvage recondition and incorporate the historic streetlights into the alignment These lights will be placed at the local intersections along this segment of Lakeshore Drive and distributed evenly along the roadway median Further Information Parts of this project are currently in the design stage The City will issue an RFP to hire consultants to complete the overall project design Funding does not currently exist for the subsequent steps of right of way acquisition environmental investigation and construction If funded the project could potentially be in construction by September of 2008 with completion anticipated in November of 2009 LE Briefing Book Materials FY2008_Council012307rev B AGENDA ITEM NO 3I PAGE —OF—L- City of Lake Elsinore City Council 1/23107 Page 7 of 8 CITY OF Ant'-S LADE LSIROKE � V DREAM City of Lake Elsinore Lake Elsinore /San Jacinto Watershed Improvement Project FY2008 Interior and Environment Appropriations Request The City of Lake Elsinore requests $500 000 to continue a comprehensive water quality monitoring program and focused studies in the Lake Elsinore/San Jacinto Watershed Matching Funds The project received $15 million in 2000 from the State Prop 13 Water Bond Future matching funds are available from the Lake Elsinore/San Jacinto Watersheds Task Force Congress appropriated $500 000 for the project in 2000 Project Purpose Over the short course of modern human history in the San Jacinto River Watershed civilization has diverted water from Lake Elsinore while simultaneously adding heavy nutrient pollution Lake Elsinore has becpme, , lly ptro laka rat periodically experiences severe algae blooms massive fish kills aid see 0 s t entl` the Lake does not meet designated beneficial uses established by t1{e rr! f Jif The Stat ater Resources Control Board has listed Lake Elsinore as impaired b�'d neA s undet'the bderal Clean Water Act 303d listing Sound science is required to make sound policy decisions and find a workable solution for all the stakeholders within the 780 square mile Lake Elsinore /San Jacinto River Watershed that are tasked by the State of California to comply with newly promulgated Total Maximum Daily Load (TMDL) regulations in compliance with the Federal Clean Water Act This project will provide the science to support future public policy decision for this rapidly developing watershed composed of approximately 400 000 people Further Information The original Congressional earmark has been fully expended A report on the deliverables from that earmark is available upon request LE Briefing Book Matenals FY2008_Councd012307rev B AGENDA ITEM NO 3 1 PAGE �O OF—Z/— City of Lake Elsinore City Council 1/23/07 Page 8 of 8 CITY OF �"n LAKE� LSIRORE V` DREAM City of Lake Elsinore Civic Center and Historic Downtown Redevelopment and Economic Development Project The Lake Elsinore City Council is currently considering the construction of a multipurpose civic center to provide momentum for the redevelopment of the historic downtown area While still in the preliminary stages the civic center could include a business incubator city hall council chambers library and post office The civic center project will commence with a public design competition in March of 2007 and is expected to cuhnmate by July of 2009 The City s current city hall was first constructed in the 1800s and is too small to service a population that has grown by an average of 6 5% a year since 2000 for a total growth of 45% over the last seven years A new and larger civic center located in the historic downtown area will increase efficiency in city hall provide additional private and public sector jobs and enable the city to provide more services to the public By strategically to tl ° s �ic d tlopment downtown the project is expected to give impetus to the braider 9 dyv@ op y�> of t#e downtown corridor from Interstate 15 to the lake The new civic cenor w �e I f t scale velopment m the downtown area m nearly a decade but will be desi i to presets theliAtorrc culture and architecture of downtown Acting as a trailblazer and model for new developments in historic downtown the civic center will showcase the latest in green building technologies sustainable development practices and historical preservation standards The business incubator proposed to be included in the project would also increase jobs entrepreneurial business and economic activity in the economically depressed region where over 15% of families fall below the poverty line in fact nearly 30% of people within downtown s census tract are below the federal poverty level People in the tract commute an average of 37 minutes to work further demonstrating the need for additional business in the area The business incubator would support businesses as part of a cluster based economic development strategy to build a distinct local economic infrastructure with a positive regional impact The business incubator could also empower traditionally underrepresented entrepreneurs by providing them with access to facilities with below market rate rents and training professional services and equipment free of charge The civic center and historic downtown redevelopment and economic development project will promote sustainable responsible and directed growth that will benefit the people of the City of Lake Elsinore and the region as a whole The project will provide more jobs and opportunities for residents while preserving and capitalizing on the natural beauty diverse culture and historic assets of the community Since the civic center project is still undergoing feasibility studies we have no specific request of our Congressional delegation at this time with regard to this project LE Briefing Book Materials FY2008_Counci1012307rev 6 AGENDA ITEM NO —® PAGE1I—OF-L_