HomeMy WebLinkAbout01/22/2008 CC Reports
CITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
DARYL HICKMAN, MAYOR
GENIE KELLEY, MAYOR PRO TEM
THOMAS BUCKLEY, COUNCILMEMBER
ROBERT E. "BOB" MAGEE, COUNCILMEMBER
ROBERT SCHIFFNER, COUNCILMEMBER
ROBERT A. BRADY, CITY MANAGER
WWW.LAKE-ELSINORE.ORG
(951) 674-3124 PHONE
(951) 674-2392 FAX
LAKE ELSINORE CULTURAL CENTER
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
*************************************************************************************
TUESDAY, JANUARY 22,2008
STUDY SESSION AT 4:00 P.M.
CLOSED SESSION AT 5:00 P.M.
PUBLIC SESSION AT 7:00 P.M.
The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the
Council and Agency with valuable information regarding issues of the community.
Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are
televised live on Time Warner Cable Station Channel 29 and Verizon Subscribers can
view the meetings on Channel 31.
If you are attending this City Council Meeting, please park in the parking lot across the
street from the Cultural Center. This will assist us in limiting the impact of meetings on
the Downtown Business District. Thank you for your cooperation.
The agenda is posted 72 hours prior to each meeting outside of City Hall and is
available at each meeting. The agenda and related reports are also available at the
City Clerk's Office on the Friday prior to the Council meeting and are available on the
City's web site at www.lake-elsinore.orq. Any writings distributed within 72 hours of the
meeting will be made available to the public at the time it is distributed to the City
Council.
In compliance with the Americans with Disabilities Act, any person with a disability who
requires a modification or accommodation in order to participate in a meeting should
contact the City Clerk's Office at (951) 674-3124, ext. 262, at least 48 hours before the
meeting to make reasonable arrangements to ensure accessibility.
CALL TO ORDER -- 5:00 P.M.
CLOSED SESSION
(1) Conference with Legal Counsel--Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
2 potential cases
(2) Pubic Employee Performance Evaluation
(Pursuant to Gov't Code 954957): City Clerk
CALL BACK TO ORDER (7:00 P.M.)
PLEDGE OF ALLEGIANCE
INVOCATION - MOMENT OF SILENT PRAYER
ROLL CALL
PRESENT A TIONS/CEREMONIALS
(3) Mayor Hickman will present awards to the Holiday Home Decoration winners.
(4) A representative from the Lake Elsinore Chamber of Commerce will be providing
an update on Chamber activities.
(5) Regional Manager Louis Davis from Southern California Edison will provide a
"State of the Utility" report.
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.)
(6) Minutes of the Followinq Meetinq(s)
a) Joint City Council/Redevelopment Agency meeting of January 8, 2008.
b) Regular Meeting of January 8, 2008.
Recommendation: Approve as submitted.
(7) Warrant List Dated December 31.2007 and January 15, 2008
Recommendation: Authorize payment of Warrant List dated December 31,2007
and January 15, 2008.
(8) Investment Report for November and December
Recommendation: Receive and file.
(9) Claim Aqainst the City of Lake Elsinore
Recommendation: Reject the claim and direct the City Clerk's Office to send a
letter informing the claimant of the decision.
(10) Sidewalk Construction, Various Locations - Notice of Completion
Recommendations:
a) Authorize the Mayor to execute the Notice of Completion.
b) Have the City Clerk file the document for recordation.
(11) Construction Award For Sunswept Drive, Diion Street Improvements
Recommendations:
a. Award the Sunswept Drive and Dijon Street Improvements to NPG
Corporation for the amount of $62,226.
b. Authorize the transfer of $5,000 from Fund No. 605 Cash-In-Lieu
Construction to this project.
c. Authorize the Mayor to execute the contract with NPG Corporation.
(12) Purchase of Liqht Duty Pickup Trucks
Recommendation: Approve the purchase of four pickup trucks as described in
this report for a total amount of $110,075.74.
(13) Southwest Communities Financinq Authority Second Amended and Restated
Joint Powers Aqreements
Recommendation: Approve the Second Amended and Restated Joint Powers
Agreement.
(14) Authorization For City Manaqer to Enter Into a Contract with David Hoqan
Consultinq (DHC) to Prepare CEQA Compliance Documents For the Proiect
Known as "Grand Solutions"
Recommendation: City Council authorize the City Manager to enter into a
contract with DHC not to exceed $24,120.
(15) Status of the General Plan Update and Environmental Impact Report
Recommendation: Receive and file.
(16) 1-15/Railroad Canyon Road and 1-15/SR-74 Interchanqe Update
Recommendation: Receive and file.
(17) New Copier Leases with Innovative Document Solutions. Inc.. for Fire Stations
10.85 and 94
Recommendations: Approve 60 month municipal lease agreements for three
Canon IR2202i digital copiers and authorize the City Manager to execute leasing
agreements with Canon Financial Service, Inc. and service & maintenance
agreements from Innovative Document Solutions (based on monthly CMAS
Service Agreement #GS-25F-0023M).
(18) Approval To Purchase A Document Imaqinq Manaqement System
Recommendations:
a. Authorize the purchase of a Laserfiche Document Management System from
ESC Imaging Inc. in the amount of $17,752 which includes the software,
maintenance and support, hardware (Xerox scanner), training and integration
services of ECS Imaging, Inc.
b. Authorize the purchase of a SOL server, to include server and software, in
the amount of $9,962.
(19) Conservation Easement with Covenants Affectinq Real Property in Connection
with Toyota Proiect
Recommendations: Accept Dedication of the Conservation Easement With
Covenants Affecting Real Property, authorize the City Manager to execute the
Certificate of Acceptance, and instruct the City Clerk to record the Easement in
the official land records of Riverside County upon approval by the City Attorney.
PUBLIC HEARING
(20) Approvinq the Formation of CFD 2007-6 (Holiday Inn Express); Callinq a Special
Election; Canvassinq Election Results; Authorizinq Levy of Special Taxes
Recommendations:
a. Open the public hearing and take testimony.
b. Close the public hearing.
c. Waive further reading and adopt a resolution determining the validity of
prior proceedings and establishing City of Lake Elsinore Community
Facilities District No. 2007-6 (Holiday Inn Express).
d. Waive further reading and adopt a resolution acting on behalf of City of
Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn
Express), calling a special election.
e. 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.
f. Waive further reading and adopt a resolution canvassing the results of
the Special Elections held within the City of Lake Elsinore Community
Facilities District No. 2007-6 (Holiday Inn Express).
(21) Approval of Tentative Tract Map No. 35563
Recommendations:
a. Waive further reading and adopt a resolution adopting findings that the
Project is exempt from the Multiple Species Habitat Conservation Plan
(MSHCP).
b. Waive further reading and adopt a resolution approving Tentative Tract
Map No. 35563.
BUSINESS ITEMS
(22) Introduction of an Ordinance Requlatinq Hotel and Motel Reqistration
Recommendation: Waive further reading and introduce an ordinance adding
Chapter 5.58 to the Lake Elsinore Municipal Code regarding hotels and motels.
(23) Adoption of Ordinance No. 1239, Authorizinq the Levy of a Special Tax Within
Annexation Area No. 24 (River's Edqe)
Recommendation: Waive further reading and adopt Ordinance No. 1239, acting
as the legislative body of the 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. 24 (River's Edge) annexed to said
district.
(24) Adoption of Ordinance No. 1240, Authorizinq the Levy of a Special Tax Within
Annexation Area NO.3 (River's Edqe)
Recommendation: Waive further reading and adopt Ordinance No. 1240, acting
as the legislative body of the City of Lake Elsinore Community Facilities District
No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) authorizing the
levy of a special tax within Annexation Area NO.3 (River's Edge) annexed to said
district.
(25) Adoption of Ordinance No. 1241, Authorizinq the Levy of a Special Tax Within
Annexation Area No. 1 (Red Kite)
Recommendation: Waive further reading and adopt Ordinance No. 1241, acting
as the legislative body of the City of Lake Elsinore Community Facilities District
No. 2007-1 (Law Enforcement, Fire and Paramedic Services) authorizing the levy
of a special tax within Annexation Area NO.1 (Red Kite) annexed to said district.
(26) Adoption of Ordinance No. 1242. Authorizinq the Levy of a Services Special Tax
and a Special Tax
Recommendation: Waive further reading and adopt Ordinance No. 1242,
authorizing the levy of a Services Special Tax and a Special Tax.
(27) Adoption of Ordinance No. 1243. Reqardinq the Requlation of News Racks in
Public Riqhts-Of-Wav
Recommendation: Waive further reading and adopt Ordinance No. 1243, adding
Chapter 10.40 to the Lake Elsinore Municipal Code regarding the regulation of
news racks in public rights-of-way.
PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start of the City
Council Meeting)
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
COMMITTEE REPORTS
CITY TREASURER COMMENTS
CITY COUNCIL COMMENTS
ADJOURNMENT
The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday,
February 12, 2008, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main
Street, Lake Elsinore, CA 92530.
AFFIDAVIT OF POSTING
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, do hereby affirm that a
copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this
meeting.
//ss//
VIVIAN M. MUNSON
CITY CLERK
~/~
o TE
~or
CITY OF .~
LAK-E t;LsiNORJ:
, I
~ DREAM EjTREME....
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: CLOSED SESSION ITEMS
Discussion
CONFERENCE WITH LEGAL COUNSEL..ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
2 potential cases
Recommendation
Recess prior to adjournment of tonight's meeting in order to conduct an executive
(closed) session.
Approved by:
Robert A. Brady ~
City Manager ]A
Agenda Item No. 1
Page 1 of 1
CITY OF ~
LAKE 5LSiNORI:
, I
-V DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
FROM:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: CLOSED SESSION REPORT
Discussion
PUBIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Gov't Code 954957): City Clerk
Recommendation
Recess prior to adjournment of tonight's meeting in order to conduct an executive
(closed) session.
Approved by:
Robert A. BradY(}~
City Manager I (d]V
Agenda Item NO.2
Page 1 of 1
CITY OF ~~
LAKE ,5,LSiNORJ:
~ DREAM EXtREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: PRESENTATION
Discussion
Mayor Hickman will present awards to the Holiday Home Decoration winners.
Approved by:
Robert A. BradYQJ)
City Manager ,.J\Y
Agenda Item NO.3
Page 1 of 1
CITY OF v~
LAKE t;LsiNOR&
\ ,
~ DREAM EXtREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANAURY 22,2008
SUBJECT: CHAMBER OF COMMERCE UPDATE
DISCUSSION
A representative from the Lake Elsinore Chamber of Commerce will be providing an
update on Chamber activities.
RECOMMENDATION
Receive and file.
Approved by:
Robert A. Brady (] Mh
City Manager 1/4JY
Agenda Item NO.4
Page 1 of 1
CITY OF .~
LAKE 6LSiNO~
\ I
~ DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: PRESENTATION
Discussion
Regional Manager Louis Davis from Southern California Edison will provide a "State of
the Utility" report.
Approved by:
Robert A. BradA ~
City Manager }U
Agenda Item NO.5
Page 1 of 1
MINUTES
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JANUARY 8, 2008
****************************************************************************************************
CALL TO ORDER
MC/yor Hickman called the Joint Study Session to order at 4:04 p.m.
ROLL CALL
PRESENT:
MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER (Arrived at 4:10 p.m.)
COUNCILMEMBER BUCKLEY
ABSENT:
AI~o present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber,
Administrative Services Director Pressey, Information/Communications Manager Mark
Dennis, Community Development Director Preisendanz, Parks and Recreation Director
Gonzales, Public Works Director Seumalo, Planning Manager Weiner, Public Works
M~nager Payne, Planning Intern Bitterolf, Planner Carlson, Building/Safety and Code
Enforcement Manager Chipman and City Clerk Munson.
DISCUSSION ITEMS
Ma!yor Hickman presented a proclamation to Engineering Inspector Bob Stover who is
retiring from the City after 11 years of service.
Maiyor Hickman gave an overview of the presentations and confirmed that the awardees
wOlJld be present at the 7:00 p.m. meeting.
PUBLIC COMMENTS
There were no public comments.
CqNSENT CALENDAR
(8) Approval of Minutes
1
Agenda Item No.6
Page 1 of 26
No comments.
(9) Warrant List Dated December 13. 2007
Mayor Hickman inquired about Check Nos. 93399, 93418 and 93421.
Administrative Services Director Pressey responded to his inquires.
(10) Disposal of Government Code Books and Surplus Electronics as Scrap
No comments.
(11) Appeal of Massaqe Technician's Business License Denial
City Attorney Leibold indicated that the applicant and their Counsel may be
present at the City Council meeting and the City Council may pull this item from
the Consent Calendar and may be occasion for staff to request a continuance.
(12) Washinqton. D.C. Lobbyinq Deleqation Travel Request and Preauthorization
Council member Magee noted that Senator Feinstein sent a letter to the City
requesting the City look for projects of regional significance that would work on
more than one jurisdiction and help more than one agency or city. He suggested
requesting $249 million in funds for the Riverside County Transportation
Commission expansion of a metro-link rail spur from Corona down to Nichols
Road.
PUBLIC HEARINGS
(13) Resolution Determininq the Validity of Prior Proceedinqs Relatinq to Annexation
of Property into City of Lake Elsinore Community Facilities District No. 2003-1
(Law Enforcement. Fire and Paramedic Services); Call a Special Election;
Canvas Election Results: Authorizinq Levy of Special Taxes for CFD 2003-1
Annexation Area No. 24 (River's Edqe)
No comments.
(14) Resolution Determininq the Validitv of Prior Proceedinqs Relatinq to Annexation
of Property into City of Lake Elsinore Community Facilities District No. 2006-5
(Park. Open Space and Storm Drain Maintenance); Call a Special Election;
Canvas Election Results; Authorizinq Levy of Special Taxes for CFD 2006-5
Annexation Area NO.3 (River's Edqe)
No comments.
2
Agenda Item NO.6
Page 2 of 26
(15) Resolution DetermininQ the Validity of Prior ProceedinQs Relatinq to Annexation
of Property into City of Lake Elsinore Community Facilities District No. 2007-1
(Law Enforcement. Fire and Paramedic Services); Call a Special Election;
Canvas Election Results; AuthorizinQ Levy of Special Taxes for CFD 2007-1
Annexation Area No. 1 (Red Kite)
No comments.
(16) ApprovinQ Fee Deposit and Reimbursement AQreements. ApprovinQ the
Formation of CFD 2007-5 (Red Kite); CallinQ a Special Election; Canvassinq
Election Results; Authorizinq Levy of Special Taxes
No comments.
(17) Resolution ApprovinQ the Annexation of Territory and the Levy of Assessments
for Lake Elsinore Landscape and Street LiQhtinQ District No. 1 as Annexation
Area No. 21 (Diamond Professional Plaza) Pursuant to the Landscape and
LiQhtinQ Act of 1972
No comments.
BUSINESS ITEMS
(18) Introduction of an Ordinance Addino Chapter 10.40 to the Lake Elsinore
Municipal Code ReQardino the ReQulation of News Racks in Public Riohts-Of-
Way
Mayor Hickman commented the ordinance was a good idea.
Mayor Pro Tern Kelley inquired if the vendors will have an opportunity to apply for
permission to maintain their news racks at their current locations.
Communications/Information Manager Dennis confirmed this was a new permit
process and it allows the vendors to enroll and maintain their news racks.
City Attorney Leibold stated the ordinance is drafted in a way where there is no
prior restraint, no cost to the application, and there is ample opportunity to locate
news racks. She stated the ordinance is aimed at health and safety
consideration with free passage for pedestrians, vehicles and bicycles, etc. so it
is not a distraction and does not interfere with line-of-sight.
Mayor Hickman inquired if any of the news rack companies were notified of this
change.
Communications/Information Manager Dennis responded the vendors will be
notified as part of the implementation of the ordinance.
3
Agenda Item No.6
Page 3 of 26
(19) Residential Desiqn Review 2006-03 for an Eiqhteen Unit Apartment Complex
Council member Magee commented he was surprised the area was zoned high
density residential in this location. He inquired why a Specific Plan was not filed
for this project.
Community Development Director Preisendanz responded the General Plan
allows for development to come in on an incremental basis as far as
development per lot. The project site where these apartments are located is .82
acres. There is a commercial component along Grand Avenue with a
commercial mixed use in the future General Plan which will allow for a mix of
commercial and residential uses. It is the intent of the applicant to purpose a
commercial component along Grand Avenue in this case.
Councilmember Magee indicated at the least, there should have been some
transition, from R-1 to R-3 and indicated he would probably not be able to
support the project.
(20) Council Appointments to Various Orqanizations
Mayor Hickman inquired if Council should continue the "homeless committee,"
It was taken as a suggestion that Council remove the "homeless committee" from
the appointment roster.
REDEVELOPMENT AGENCY
(2) Approval of Redevelopment Aqencv Minutes
No comments.
(3) Warrant List Dated December 13. 2007
No comments.
PUBLIC HEARINGS
There are no public hearing items.
BUSINESS ITEMS
(4) Residential Desiqn Review No. 2006-03 for an Eiqhteen Unit Apartment Complex
No comments.
4
Agenda Item NO.6
Page 4 of 26
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
No comments.
ADJOURNMENT
Mayor Hickman adjourned the Joint City Council/Redevelopment Agency Study Session
at 4:33 p.m.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
THOMAS BUCKLEY, CHAIRMAN
REDEVELOPMENT AGENCY
ATTEST:
VIVIAN M. MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
5
Agenda Item NO.6
Page 5 of 26
MINUTES
CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JANUARY 8, 2008
****************************************************************************************************
CALL TO ORDER - 7:00 P.M.
The Regular City Council Meeting was called to order by Mayor Hickman at 7:00 p.m.
ROLL CALL
PRESENT: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
ABSENT: COUNCILMEMBER BUCKLEY (arrived at 7:08 p.m.)
Also present were City Manager Brady, City Attorney Leibold, Administrative Services
Director Pressey, Chief Fetherolf, Information/Communications Manager Dennis, Public
Works Director Seumalo, Community Development Director Preisendanz, Parks &
Recreation Director Gonzales, City Treasurer Weber, Lake & Aquatic Resources
Director Kilroy, Planning Manager Weiner and City Clerk Munson.
PLEDGE OF ALLEGIANCE
Mrs. Amy Hickman led the audience in the Pledge of Allegiance.
INVOCATION - MOMENT OF SILENT PRAYER
Mayor Hickman led the meeting in a moment of silent prayer.
PRESENT A TION/CEREMONIALS
(1) Mayor Hickman announced at the 4:00 p.m. Study Session he presented
Engineering Inspector Bob Stover with a proclamation in recognition of his eleven
years with the City.
(2) Mayor Hickman presented a proclamation to Librarian Emily Gerstbacher in
recognition to her service with the City.
1
Agenda Item No.6
Page 6 of 26
(3) Mayor Hickman presented a proclamation to Jordan Espinoza for attaining his
Eagle Scout.
(4) Mayor Hickman presented Certificates of Recognition to the following volunteers
for the International Club; Barbara Anderson, Jeanie Corral, Veronica Diaz, Pam
Draper, Linda Dreir, Melodie Earickson, Karen Peterson, Elizabeth Hurren, Elsa
Sanchez and Flor Sperle.
(5) Mayor Hickman presented a Certificate of Appreciation to Chief Fetherolf
President of the Rotary Club for providing meals and gifts to local senior citizens
during the holidays.
(6) Mayor Hickman presented a Certificate of Appreciation to Chief Fetherolf for
COPS 4 KIDS for providing meals and toys for needy families during the
holidays.
(7a) Mayor Hickman presented a proclamation to Miechele Proulx, daughter of Donna
Morin, a prominent citizen of Lake Elsinore who passed away in December 2007.
Donna Morin was acknowledged for her dedication and hard work to the Lake
Elsinore Historical Society.
(7b) Mayor Hickman presented a plaque to out-going Mayor Robert E. Magee in
recognition for his outstanding service as Mayor to the City of Lake Elsinore for
the last three years.
(7c) Councilmember Magee thanked the community for their support and indicated it
was an honor to serve the City and will continue to do so.
(7d) Regional Manager Louis Davis from Southern California Edison gave a brief
report on the State of the Utilities. He indicated he had a PowerPoint
presentation to give the Council and would like to set a future date to make this
presentation.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Peter Dawson, resident, reported Canyon Lake was overflowing and Lake Elsinore has
rose nearly one foot. He indicated in order for the water flow to be sustained in Lake
Elsinore the waterfront residents can clear any debris that would flow into Lake Elsinore
or any thing that would be an obstruction in a stationary position such as fences.
Donna Francin, resident, announced the next Lake Elsinore's Citizens' committee will
be held Thursday, January 31st at 7:00 a.m. in the Tuscany Hills Recreation Center
where Mayor Hickman and City Manager Brady will be speaking on the State of the
City.
Gerry Harmantz, resident, spoke about Donna Morin and all of her accomplishments
2
Agenda Item NO.6
Page 7 of 26
for the Lake Elsinore Historical Society.
COUNCIL APPROVED CONSENT CALENDAR ITEM NOS. 8 THROUGH 12
The following items were listed on the Consent Calendar for Council approval:
(8) Minutes of the Followinq Meetinq(s)
a) Joint City Council/Redevelopment Agency meeting of December 11,2007.
b) Regular Meeting of December 11, 2007
Recommendation: Approve as submitted.
(9) Warrant List Dated December 13. 2007.
Recommendation: Authorize payment of Warrant List dated December 13,
2007.
(10) Disposal of Government Code Books and Surplus Electronics as Scrap
Recommendation: Approve disposal of surplus Government Code Books and
electronics equipment to be scrapped as surplus equipment and e-waste.
(11) Appeal of Massaqe Technician's Business License Denial
Recommendation: The City Council upholds the Police Department's denial of
the Massage Technician Business License.
(12) Washinqton. D.C. Lobbvinq Deleqation Travel Request and Preauthorization
Recommendation: Preauthorize travel request and related expenses to
Washington, D.C. for appropriations meetings between congressional
representatives and the City's lobbying delegation.
It was moved by Council member Buckley, and seconded by Mayor Pro Tem
Kelley to approve Consent Calendar Item Nos. 8 through 12.
The following vote resulted:
AYES:
MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES:
NONE
3
Agenda Item NO.6
Page 8 of 26
ABSENT: NONE
ABSTAIN: NONE
PUBLIC HEARINGS
(13) CITY COUNCIL ADOPTS RESOLUTIONS RELATING TO ANNEXATION OF
PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1: CALL A
SPECIAL ELECTION: CANVAS ELECTION RESULTS: AUTHORIZING LEVY
OF SPECIAL TAXES FOR CFD 2003-1 ANNEXATION AREA NO. 24 (RIVER'S
EDGE)
City Manager Brady commented on the item. He requested that the City Clerk
announce the notice of the item.
City Clerk Munson announced that the notice had been published in accordance
with the Mellos-Roos Community Facilities Act of 1982 and proof of such
publication was on file in the City Clerk's Office.
Administrative Services Director Pressey commented on the item. He noted the
location of the development. He noted the annual cost per dwelling unit.
Mayor Hickman opened the public hearing at 7:36 p.m.
Mayor Hickman requested testimony from the public. He inquired if there was
anyone wishing to speak in favor or against the item. He also inquired if there
was anyone that wished to speak at all.
Mayor Hickman inquired if there were any property owners subject to the
proposed assessments who wished to file a written protest. He noted that if
there were any property owners who wished to file a written protest, they must
file it with the City Clerk at that time. He noted that for the purpose of a majority
protest, only written protests were to be considered.
There being none, Mayor Hickman closed public hearing at 7:39 p.m.
Mayor Hickman directed City Clerk Munson to tabulate the ballots and announce
if a majority protest had been made.
City Clerk Munson tabulated the ballots and announced there were more than
2/3rd vote cast in favor of the proposition.
It was motioned by Councilmember Schiffner, and seconded by Councilmember
Magee to waive further reading and adopt Resolution No. 2008-1, determining
the validity of prior proceedings relating to annexation of property into City of
4
Agenda Item NO.6
Page 9 of 26
Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire
and Paramedic Services).
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Councilmember Magee, and seconded by Councilmember
Schiffner to waive further reading and adopt Resolution No. 2008-2, acting on
behalf of City of Lake Elsinore Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) calling a special election.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
I was motioned by Council member Magee, and seconded by Councilmember
Buckley to waive further reading and adopt Resolution No. 2008-3, acting on
behalf of City of Lake Elsinore Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) canvassing the results of the
election held within Annexation Area No. 24 (River's Edge) annexed to said
district.
The following vote resulted:
AYES:
MAYOR HICKMAN
5
Agenda Item NO.6
Page 10 of 26
MAYOR PRO TEM KELLEY
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Councilmember Buckley, and seconded by Councilmember
Schiffner to waive further reading and introduce Ordinance No. 1239; entitled,
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. 24 (RIVER'S
EDGE) ANNEXED TO SAID DISTRICT
The following roll call vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
(14) COUNCIL ADOPTS RESOLUTIONS RELATING TO ANNEXATION OF
PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARK.
OPEN SPACE AND STORM DRAIN MAINTENANCE): CALL A SPECIAL
ELECTION: CANVAS ELECTION RESULTS: AUTHORIZING LEVY OF
SPECIAL TAXES FOR CFD 2006-5 ANNEXATION AREA NO.3 (RIVER'S
EDGE)
City Manager Brady commented on the item. He requested that the City Clerk
announce the notice of the item.
6
Agenda Item No.6
Page 11 of 26
City Clerk Munson announced that the notice had been published in accordance
with the Mellos-Roos Community Facilities Act of 1982 and proof of such
publication was on file in the City Clerk's Office.
Administrative Services Director Pressey commented on the item. He noted the
location of the development. He noted the annual cost per dwelling unit.
Mayor Hickman opened the public hearing at 7:43 p.m.
Mayor Hickman requested testimony from the public. He inquired if there was
anyone wishing to speak in favor or against the item. He also inquired if there
was anyone that wished to speak at all.
Mayor Hickman inquired if there were any property owners subject to the
proposed assessments who wished to file a written protest. He noted that if
there were any property owners who wished to file a written protest, they must
file it with the City Clerk at that time. He noted that for the purpose of a majority
protest, only written protests were to be considered.
There being none, Mayor Hickman closed public hearing at 7:45 p.m.
Mayor Hickman directed City Clerk Munson to tabulate the ballots and announce
if a majority protest had been made.
City Clerk Munson tabulated the ballots and announced there were more than
2/3rd vote cast in favor of the proposition.
It was motioned by Council member Schiffner, and seconded by Councilmember
Buckley to waive further reading and adopt Resolution No. 2008-4 determining
the validity of prior proceedings relating to annexation of property into City of
Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and
Storm Drain Maintenance).
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
7
Agenda Item NO.6
Page 12 of 26
It was motioned by Councilmember Buckley, and seconded by Councilmember
Schiffner to waive further reading and adopt Resolution No. 2008-5, acting on
behalf of City of Lake Elsinore Community Facilities District No. 2006-5 (Parks,
Open Space and Storm Drain Maintenance) calling a special election.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Councilmember Schiffner, and seconded by Councilmember
Buckley to waive further reading and adopt Resolution No. 2008-6, acting on
behalf of City of Lake Elsinore Community Facilities District No. 2006-5 (Parks,
Open Space and Storm Drain Maintenance) canvassing the results of the
election held within Annexation Area No. 3 (River's Edge) annexed to said
district.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Councilmember Schiffner, seconded by Councilmember
Buckley to waive further reading and introduce Ordinance No. 1240; entitled,
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
8
Agenda Item NO.6
Page 13 of 26
DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM
DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO. 3 (RIVER'S
EDGE) ANNEXED TO SAID DISTRICT
The following roll call vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
COUNCIL RECESSES AT 7:49 P.M.
COUNCIL RECONVENES AT 7:54 P.M.
MAYOR PRO TEM KELLEY LEFT THE COUNCIL CHAMBERS AT 7:49 P.M.
(15) COUNCIL ADOPTS RESOLUTIONS RELATING TO ANNEXATION OF
PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW
ENFORCEMENT. FIRE AND PARAMEDIC SERVICES): CALL A SPECIAL
ELECTION: CANVAS ELECTION RESULTS: AUTHORIZING LEVY OF
SPECIAL TAXES FOR CFD 2007-1 ANNEXATION AREA NO.1 (RED KITE)
City Manager Brady commented on the item. He requested that the City Clerk
announce the notice of the item.
City Clerk Munson announced that the notice had been published in accordance
with the Mellos-Roos Community Facilities Act of 1982 and proof of such
publication was on file in the City Clerk's office.
Administrative Services Director Pressey commented on the item. He noted the
location of the development. He noted the annual cost per dwelling unit.
Mayor Hickman opened the public hearing at 7:50 p.m.
Mayor Hickman requested testimony from the public. He inquired if there was
anyone wishing to speak in favor or against the item. He also inquired if there
was anyone that wished to speak at all.
9
Agenda Item NO.6
Page 14 of 26
~
Mayor Hickman inquired if there were any property owners subject to the
proposed assessments who wished to file a written protest. He noted that if
there were any property owners who wished to file a written protest, they must
file it with the City Clerk at that time. He noted that for purpose of a majority
protest, only written protests were to be considered.
There being none, Mayor Hickman closed public hearing at 7:55 p.m.
Mayor Hickman directed City Clerk Munson to tabulate the ballots and announce
if a majority protest had been made.
City Clerk Munson tabulated the ballots and announced there were more than
2/3rd vote cast in favor of the proposition.
It was motioned by Councilmember Buckley, and seconded by Councilmember
Magee, to waive further reading and adopt Resolution No. 2008-7, determining
the validity of prior proceedings relating to annexation of property into City of
Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire
and Paramedic Services).
The following vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
It was motioned by Councilmember Schiffner, and seconded by Council member
Buckley to waive further reading and adopt Resolution No. 2008-8 acting on
behalf of City of Lake Elsinore Community Facilities District No. 2007-1 (Law
Enforcement, Fire and Paramedic Services) calling a special election.
The following vote resulted:
AYES:
MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
10
Agenda Item NO.6
Page 15 of 26
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
It was motioned by Councilmember Buckley, and seconded by Councilmember
Magee to waive further reading and adopt Resolution No. 2008-9, acting on
behalf of City of Lake Elsinore Community Facilities District No. 2007-1 (Law
Enforcement, Fire and Paramedic Services) canvassing the results of the
election held within Annexation Area NO.1 (Red Kite) annexed to said district.
The following vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
It was moved by Councilmember Buckley, and seconded by Councilmember
Schiffner to waive further reading and introduce Ordinance No. 1241; entitled,
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. 2007-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO.1 (RED KITE)
ANNEXED TO SAID DISTRICT
The following roll call vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
11
Agenda Item NO.6
Page 16 of 26
ABSTAIN: NONE
(16) COUNCIL APPROVES RESOLUTIONS APPROVING FEE DEPOSIT AND
REIMBURSEMENT AGREEMENTS. APPROVING THE FORMATION OF CFD
2007-5 (RED KITE); CALLING A SPECIAL ELECTION; CANVASSING
ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES
City Manager Brady commented on the item. He requested that the City Clerk
announce the notice of the item.
City Clerk Munson announced that the notice had been published in accordance
with the Mellos-Roos Community Facilities Act of 1982 and proof of such
publication was on file in the City Clerk's Office.
Administrative Services Director Pressey commented on the item. He noted the
location of the development. He noted the annual cost per dwelling unit.
Mayor Hickman opened the public hearing at 8:01 p.m.
Mayor Hickman requested testimony from the public. He inquired if there was
anyone wishing to speak in favor or against the item. He also inquired if there
was anyone that wished to speak at all.
Mayor Hickman inquired if there were any property owners subject to the
proposed assessments who wished to file a written protest. He noted that if
there were any property owners who wished to file a written protest, they must
file it with the City Clerk at that time. He noted that for purpose of a majority
protest, only written protests were to be considered.
There being none, Mayor Hickman closed public hearing at 8:08 p.m.
Mayor Hickman directed City Clerk Munson to tabulate the ballots and announce
if a majority protest had been made.
City Clerk Munson tabulated the ballots and announced there were more than
2/3rd vote cast in favor of the proposition.
It was motioned by Council member Schiffner, and seconded by Councilmember
Buckley to waive further reading and adopt Resolution No. 2008-10 approving
Fee Deposit and Reimbursement Agreements relating to the City of Lake
Elsinore Community Facilities District No. 2007-5 (Red Kite).
12
Agenda Item NO.6
Page 17 of 26
The following vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
It was motioned by Council member Schiffner, and seconded by Councilmember
Buckley to waive further reading and adopt Resolution No. 2008-11, determining
the validity of prior proceedings and establishing City of Lake Elsinore
Community Facilities District No. 2007-5 (Red Kite).
The following vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
It was motioned by Council member Schiffner, and seconded by Council member
Buckley to waive further reading and adopt Resolution No. 2008-12 to incur
bonded indebtedness in the amount not to exceed $2,500,000 within the City of
Lake Elsinore Community Facilities District No. 2007-5 (Red Kite) and Calling a
Special Election.
The following vote resulted:
AYES:
MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES:
NONE
13
Agenda Item NO.6
Page 18 of 26
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
It was moved by Councilmember Schiffner, and seconded by Councilmember
Buckley to waive further reading and adopt Resolution No. 2008-13 canvassing
the results of the Special Elections held within the City of Lake Elsinore
Community Facilities District No. 2007-5 (Red Kite).
The following vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
It was motioned by Council member Schiffner, and seconded by Councilmember
Buckley to waive further reading and introduce Ordinance No. 1242; entitled,
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
The following roll call vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
14
Agenda Item No.6
Page 19 of 26
(17) COUNCIL APPROVES 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. 21 (DIAMOND PROFESSIONAL PLAZA) PURSUANT TO THE
LANDSCAPE AND LIGHTING ACT OF 1972
City Manager Brady commented on the item. He requested that the City Clerk
announce the notice of the item.
City Clerk Munson announced that the notice had been published in accordance
with the Landscape and Lighting Act of 1972 and proof of such publication was
on file in the City Clerk's Office.
Administrative Services Director Pressey commented on the item. He noted the
location of the development. He noted the annual cost per dwelling unit.
Mayor Hickman opened the public hearing at 8: 11 p.m.
Mayor Hickman requested testimony from the public. He inquired if there was
anyone wishing to speak in favor or against the item. He also inquired if there
was anyone that wished to speak at all.
Mayor Hickman inquired if there were any property owners subject to the
proposed assessments who wished to file a written protest. He noted that if
there were any property owners who wished to file a written protest, they must
file it with the City Clerk at that time. He noted that for purpose of a majority
protest, only written protests were to be considered.
There being none, Mayor Hickman closed public hearing at 8:13 p.m.
Mayor Hickman directed City Clerk Munson to tabulate the ballots and announce
if a majority protest had been made.
City Clerk Munson tabulated the ballots and announced that no majority protest
exists.
It was motioned by Councilmember Schiffner, and seconded by Councilmember
Buckley to waive further reading and adopt Resolution No. 2008-14 approving
the annexation of territory and the levy of assessments for Lake Elsinore
Landscape and Street Lighting District NO.1. as Annexation Area No. 21
(Diamond Professional Plaza).
The following vote resulted:
AYES:
MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
15
Agenda Item NO.6
Page 20 of 26
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
BUSINESS ITEMS
(18) COUNCIL INTRODUCES ORDINANCE NO. 1243. ADDING CHAPTER 10.40
TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE
REGULATION OF NEWS RACKS IN PUBLIC RIGHTS-OF-WAY
Information/Communications Manager Dennis presented the staff report. He
indicated the City has been receiving many complaints about the news racks that
are in front of the post office. He indicated this process will permit this use and
provide requirements and standards that will give the City control.
Michael Norkin, PSAC Chairman provided a summary of why and how the
Public Safety Advisory Commission decided to recommend this ordinance to City
Council.
Jeff Sirota, California Newspaper, indicated he thought the newspaper or the
publication industries will have no problems working with the cities on individual
situations to move racks. He indicated the only issue he had was with
10.40.070.G7 which asks for a 6 ft. clearance and felt this would not work
because most sidewalks are not 6 ft. wide. He asked that the City work with the
newspaper industry when the sidewalks are not 9 ft. wide.
Councilmember Buckley suggested two changes be made to the ordinance as
follows: to change 10.40.80 "Standards of Materials Sold" to read "Standards of
Materials Distributed"; with regard to location and placement where there is less
than 6 ft that it say "at the discretion of the City Manager or his designee."
It was motioned by Council member Buckley, and seconded by Councilmember
Magee to waive further reading and introduce Ordinance No.1243; entitled,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADDING CHAPTER 10.40 TO THE
LAKE ELSINORE MUNICIPAL CODE REGARDING THE
REGULATION OF NEWS RACKS IN PUBLIC RIGHTS-OF-WAY
16
Agenda Item No.6
Page 21 of 26
The following roll call vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
(19) COUNCIL ADOPTS RESOLUTION FINDINGS THAT THE ENTITLEMENT IS
CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION
PLAN (MSHCP)
COUNCIL DENIES APPROVAL OF RESIDENTIAL DESIGN REVIEW 2006-03
FOR AN EIGHTEEN UNIT APARTMENT COMPLEX
Community Development Director Preisendanz presented the staff report. He
reported that the Planning Commission heard this item and unanimously
recommended City Council approval to include Conditions of Approval.
Councilmember Magee inquired if this project would have a negative impact.
Community Development Director Preisendanz responded that the additional
residents would generate additional sales tax for the City and the construction
jobs for the project would make a positive impact.
Councilmember Magee responded he did not agree with staff's assessment, and
felt the addition of apartments is an overall drain on City services and budget.
He commended the applicant for their enhancements to their project. He noted
there were residents in the Community that live in the single-family homes
adjacent to this project that came out and spoke against the project. He stated
he cannot support this type of land use immediately next to the single family
homes. He indicated if he lived in this neighborhood, this is not what he would
want next to his home.
It was motioned by Council member Schiffner, and seconded by Councilmember
Buckley to waive further reading and adopt Resolution No. 2008-15, adopting the
findings that the entitlement is consistent with the Multiple Species Habitat
Conservation Plan (MSHCP).
17
Agenda Item NO.6
Page 22 of 26
The following vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
Councilmember Magee stated between the high density residential that will be
seen from the Garrett Group and the low density residential that exists in the
Maxim subdivision, he feels this property is a transitional piece of property that
needs to have a modified density and a mixed use component. He indicated
jamming apartments into this neighborhood is the appropriate land use.
A substitute motioned was made by Councilmember Magee, and seconded by
Councilmember Buckley to continue this item off calendar and strongly
encourage the applicant to work with staff to come up with a less intense design
and fully design the property including the frontage along Grand Avenue.
The following vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
(20) Council Appointments to Various Orqanizations
Council member Buckley recommended that "Liaison-Unofficial" be taken off the
description next to Elsinore Water District.
Mayor Hickman indicated during the Study Session it was the consensus of the
Council to eliminate the "County Homeless Committee", because it no longer
exists.
18
Agenda Item NO.6
Page 23 of 26
It was motioned by Council member Magee, and seconded by Councilmember
Buckley to waive further reading and adopt Resolution No. 2008-16 confirming
the appointment of delegates and alternates as official representatives of the City
to include amendments made to the Elsinore Water District and elimination of the
County Homeless Committee.
The following vote resulted:
AYES: MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
PUBLIC COMMENTS
There were no public comments.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
1) Farmer's Market, Thursday, January 10th, from 4-7:00 p.m. on Main Street and
Peck
2) Pet Clinic, January 19th, from 1 :30 to 3:30 p.m., City Park on Main Street
3) Chamber of Commerce Annual Installation Dinner, January 26th, 6:00 p.m. at the
Diamond Club, Tickets $100, reservations required
4) Women's Fashion Show, January 26th, 710 W. Graham
CITY ATTORNEY COMMENTS
No comments.
CITY TREASURER COMMENTS
City Treasurer Weber commented on the following:
1) Wished everyone a Happy New Year.
19
Agenda Item NO.6
Page 24 of 26
CITY COUNCIL COMMENTS
Councilmember Schiffner commented on the following:
No comments.
Councilmember Magee commented on the following:
1) Announced the City Council and the Public Advisory Commission had a joint Study
Session to discuss the goals and objectives of the Commission. He commended the
Commission on their dedication and devotion to the community was admirable. He
also commended staff.
2) Commended Public Works Director Seumalo and his staff for the completion of
Franklin Street.
3) Wished everyone a Happy New Year.
Councilmember Buckley commented on the following:
1) Announced the City will be hold a public input meeting to discuss the General Plan
on Thursday, January 14th. at 6:00 p.m. in the Cultural Center.
2) January 22nd , the Southern California of Governments Regional Transportation Plan
public input meeting at the SCAG Office on Lime Street in Riverside at 10:00 a.m.
3) Thanked Librarian Emily Gerstbacher for her years of service to the City.
4) Stated that Donna Morin was a personal friend and a great friend to the City.
Mayor Hickman commented on the following:
1) Suggested the public go eat at the Breakfast Club.
2) Chamber of Commerce Annual Installation Dinner, January 26th, at 6:00 p.m. which is
a black tie event at the Diamond Club.
3) Thanked the COPS 4 Kids for the toys they donated during the Holidays.
4) Thanked the Rotarians for feeding local seniors.
5) Wished everyone a Happy New Year.
It was moved and seconded to adjourn to a regular meeting on January 22, 2008, at
5:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA
92530.
The following vote resulted:
AYES:
MAYOR HICKMAN
COUNCILMEMBER BUCKLEY
COUNCILMEMBER MAGEE
COUNCILMEMBER SCHIFFNER
20
Agenda Item NO.6
Page 25 of 26
NOES: NONE
ABSENT: MAYOR PRO TEM KELLEY
ABSTAIN: NONE
Mayor Hickman adjourned the meeting at 8:49 p.m.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
21
Agenda Item NO.6
Page 26 of 26
CITY OF ~~
LAKE ,6/LSiNO~
Y DREAM EXTREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: WARRANT LISTS DATED DECEMBER 31, 2007 AND JANUARY 15,
2008
Discussion
The warrant list is a listing of all general checks issued since the prior warrant list.
Recommendation
Authorize payment of Warrant Lists dated December 31, 2007 and January 15, 2008.
Prepared By:
Matt N. Presse~
Director Of Ad~~i~tive Services
Approved By:
Robert A. Bradyr1 ~
City Manager 'UV
Agenda Item No. 7
Page 1 of 10
DECEMBER 31, 2001
PUND#
100
105
110
112
130
135
205
211
221
357
360
362
363
365
366
367
368
369
371
372
373
374
375
376
377
378
381
382
387
608
620
650
651
652
CITY Of LAKE ]ELSINORE
FUND DESCRIPTION
GENERAL FUND
MISC. GENERAL PROJECT FUND
STATE GAS TAX FUND
TRANSPORTATION/ MEASURE A FUND
LIGHTING/LANDSCAPE MAINTENANCE FUND
L.L.M.D. NO.1 FUND
TRAFFIC IMPACT FEE FUND
STORM DRAIN C.I.P. FUND
PARK C.I.P. FUND
C.F.D. 2003-02 DEBT SERVICE FUND
A.D. 93-1 DEBT SERVICE FUND
C.F.D. 95-1 (1996-E) DEBT SERVICE FUND
C.F.D. 88-3 WEST LAKE ELSINORE 1997 SERIES A DEBT SERVICE FUND
C.F.D. 98-1 SUMMERHILL DEBT SERVICE FUND
C.F.D. 2005-6 CITY CENTER TOWN HOMES DEBT SERVICE FUND
C.F.D. 2006-1 SUMMERL Y/LAING DEBT SERVICE FUND
C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND
C.F.D. 2004-3 ROSETTA CANYON DEBT SERVICE FUND
C.F.D. 2005-1 SERENITY/K.B. HOMES DEBT SERVICE FUND
C.F.D. 2005-2 ALBERHILL RANCH DEBT SERVICE FUND
C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND
C.F.D. 2005-4 LAKE VIEW VILLAS DEBT SERVICE FUND
C.F.D. 2006-4 TRACT#30698 & 32129 DEBT SERVICE FUND
C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND
C.F.D. 2006-X LUMOS/TESSERA DEBT SERVICE FUND
C.F.D. 2006-8 TR#31957 DEBT SERVICE FUND
C.F.D. 2006-10 RIVERLAKE VILLAS DEBT SERVICE FUND
C.F.D. 2006-9 TRIESTE DEBT SERVICE FUND
C.F.D. 2007-5 RED KITE DEBT SERVICE FUND
TRUST DEPARTMENT & PRE-PAID EXPENSE
COST RECOVERY SYSTEM
C.F.D. 2003-1 LAW & FIRE SERVICE FUND
C.F.D. 2006-5 PARK, OPEN SPACES & STORM DRAINS SERVICE FUND
C.F.D. 2007-1 LAW & FIRE SERVICE FUND
WARRANT
SUMMAR Y
TOTAL
$ 1,308,775.92
42,917.01
1,867.87
427.50
13,845.20
337.90
839.38
391.88
297,177.20
875.00
1,353.98
450.00
2,028.98
450.00
1,803.98
675.00
1,803.98
2,228.98
1,803.98
675.00
565.00
175.00
175.00
175.00
175.00
175.00
175.00
175.00
5,850.00
1,000.00
45,239.51
300.00
3,331.25
1,050.00
GRAND TOTAL
1/3/2008 Warrant 123107
1 of 1
$ 1,739,289.50
Agenda Item No. 7
Page 2 of 10
DECEMHER 31, 2007
CH'ECK#
93290
93298
93453
93454
93455
93456
93457
93458
93460
93461-93462
93463
93464
93465
93466
93467
93468
93469
93470
93471
93472
93473
93474
93475
93476
93477
93478
93479
93480
93481
93482
93483
93484-93490
93491
93492
93493
93494
93495
93496
93497
93498
93499
93500
93501
93502
93503
93504
93505
93506-93509
93510
93511
93512
93513
93514
CITY OF LAKE ELSINORE
WARRANT LIST
VENDOR NAME
AMOUNT
{1_50.0Q)
3,485.14
97.00
J ,350.00
1?,850.00
297,177.20
702.00
40,478.79
0.00
3,200.00
412.00
290.00
1,901.90
50.00
270.15
874.59
675.49
25.00
150.00
2,448.15
1,050.00
2,619.69
~,251.42
5,717.43
1,760.50
129.50
52.99
2,911.81
206.50
165.21
196.02
23,034.37
800.01
500.00
898.58
78.12
15,928.68
905.00
260.57
6,000.00
515.00
350.00
807.95
670.11
501.49
1,088.00
200.00
83,356.17
32,009.51
350.00
4,430.00
2,365.91
50.68
VOID-MONTOYA SIGNS
GREENSCAPE LANDSCAPE, INC.
COUNTY OF RIVERSIDE DEPT. OF ENVIRONMENTAL HEALTH
LINDA M. MILLER
GREENSCAPE LANDSCAPE, INC.
CASTLE & COOKE ALBERHILL RANCH L.L.C.
UNITED WAY
UNION BANK OF CALIFORNIA
VOID
A & A JANITORIAL SERVICE
AMERICAN FORENSIC NURSES
AMERICAN PLANNING ASSOCIATION
APPLE ONE EMPLOYMENT SERVICES
JOSUE ARIAS
AW DIRECT, INC.
BIO-TOX LABORATORIES
DIANE BLOCK
BLOOMFIELD GROUP, INC.
BROTHERS TOWING
BUREAU VERITAS NORTH AMERICA, INC.
STATE OF CALIFORNIA DEPT. OF JUSTICE
CANON FINANCIAL SERVICES, INC.
CNH CAPITAL AMERICA, L.L.C.
KI RT A. COU RY
o & SELECTRIC
DATA QUICK INFORMATION SYSTEMS, INC.
DISH NETWORK
CAROLE K. DONAHOE, A.I.C.P.
DOWNTOWN IDEA EXCHANGE
DRESCO REPRODUCTION, INC.
03 EQUIPMENT
EYMW.o.
ELSINORE VALLEY RENTALS
ELSINORE VALLEY YOUTH SOCCER LEAGUE
EMKAY, INC.
CHRIS ERICKSON
ESRI, INC.
EXCEL LANDSCAPE, INC.
FEDERAL EXPRESS CORPORATION
FERGUSON GROUP, L.L.C.
DAVID FERGUSON
FRANKLIN HAYNES MARIONETTES
GALL'S RETAIL CA
GREENSCAPE LANDSCAPE, INC.
ARLINE GULBRANSEN
LORENA HANCOCK
MARIE HARRELL
HARRIS & ASSOCIATES, INC.
HDR ENGINEERING, INC.
HEAVENLY PONIES & CRITTERS
I.C.MA RETIREMENT TRUST
IMPACT PROMOTIONAL PRODUCTS
INLAND EMPIRE LOCK & KEY
$
1/3/2008 Warrant 123107
1 OF 3
Agenda Item No. 7
Page 3 of 10
DECEMBER 31. 2007
CHECK#
93515
93516
93517
93518
93519
93520
93521
93522
93523
93524
93525
93526
93527
93528
93529
93530
93531
93532
93533
93534
93535
93536
93537
93538
93539
93540
93541
93542
93543
93544
93545-93546
93547
93548
93549
93550
93551
93552
93553
93554
93555
93556
93557
93558
93559
93560
93561-93566
93567
93568
93569-93570
93571
93572
93573
93574
CITY OF LAKE ELSINORE
WARRANT JUST
VENDOR NAME
INNOVATIVE DOCUMENT SOLUTIONS
INTERNATIONAL CODE COUNCIL
MOHAMEDIZADPANAH
JOLLY JUMPS
KB HOMES
KDM MERIDIAN
KEITH SILVA
KIRSTEN KING
KLEIN ELECTRONICS
LAKE BUICK PONTIAC GMC, INC.
LAKE ELSINORE FLORIST & GIFTS
LAKE ELSINORE LITTLE LEAGUE
LEAGUE OF CALIFORNIA CITIES
CHARLES KIM LEON
LEXIS NEXIS
THOMAS A. MARTIN
SANDRA MASSA-LAVITT
MATTHEW FAGAN CONSULTING SERVICES
LINDA M. MILLER
MUNICIPAL INFO SYSTEMS ASSOCIATION OF CALIFORNIA
NATIONAL PEN CORPORATION
NBS GOVERNMENT FINANCE GROUP
NED R. HEALY & COMPANY, INC.
NETCOMP TECHNOLOGIES, INC.
NEXTEL COMMUNICATIONS
NOBLE CONSULTANTS, INC.
PACIFIC PRODUCTS & SERVICES
PETTY CASH
GENARD & MABEL PRATS
PRESENTA PLAQUE CORPORATION
THE PRESS ENTERPRISE
PRODUCTION VIDEO
PROJECT DESIGN CONSULTANTS
PRUDENTIAL OVERALL SUPPLY
QUAID TEMECULA HARLEY DAVIDSON
QUILL CORPORATION
THE RAD HATTER
RIGHTWAY SITE SERVICES, INC.
RIVERSIDE COUNTY SHERIFF ACCOUNTING & FINANCE
COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER
ROBBINS PEST MANAGEMENT, INC.
ANTHONY ROMERO
SADDLEBACK MATERIALS COMPANY, INC.
DAVID S. SOLOMON
SOUTHEAST CONSTRUCTION PRODUCTS
SOUTHERN CALIFORNIA EDISON CO.
SOUTHWEST HEAL THCARE SYSTEM
SOUTHWEST TREES & TURF
STAPLES BUSINESS ADVANTAGE
STAPLES CREDIT PLAN
STAUFFER'S LAWN EQUIPMENT
STEVENS LEE, L.L.C.
STK ARCHITECTURE, INC.
AMOUNT
3,060.59
60.00
441.90
899.00
_4,347.00
531 .25
400.00
270.00
102.23
101.56
37.49
500.00
14,278.00
195.00
117.00
1.00
2,745.00
9,221.11
. . !).400.00
440.00
142.91
8,123.88
321.36
~,015.98
2,505.55
22,376.64
1,315.51
312.60
1,780.00
334.44
4,505.40
337.50
150.30
167.78
407.76
362.27
550.00
1,Q34.73
759,l1~'E51
2,360.00
350.00
400.00
855.20
3,990.01
175.00
7,747.32
2,700.00
30.00
1,818.13
254.83
121.16
1,542.00
1,8!)0.00
1/3/2008 Warrant 123107
2 OF 3
Agenda Item No. 7
Page 4 of 10
DECEMBER 31, 2007
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK#
93575
93576
93577-93578
93579
93580
93581
93582
93583
93584
93585
93586
93587
93588
93589
93590
TOTAL
P.E. DATE
12/21/07
12/21/07
12/21/07
12/21/07
12/21/07
12/21/07
12/21/07
12/27/07
YEN DOR NAME
AMOUNT
5,175.00
1,995.00
424.89
2,625.00
1,055.50
70.17
932.78
159.95
575.00
1 ,008}~
673.19
270.13
671.30
40.00
4,875.00
$1,460,304.88
BOB STOVER, INC.
STUDIO 33
TEAM AUTOAID, INC.
THOMAS 1. ROBERTS
TIMBERLINE LAKESHORE, L.L.C.
UNITED PARCEL SERVICE
VERIZON CALIFORNIA, INC.
VERIZON ONLINE
VERIZON/MCI
VILLAGE EQUIPMENT RENTALS, INC.
VISTA PAINT CORPORATION
WAL-MART COMMUNITY
WEST COAST ARBORISTS, INC.
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
WENDY WORTHEY
PAYROLL CASH
PAYROLL TAXES
PAYROLL CASH
PAYROLL TAXES
PAYROLL CASH-VOID DIRECT DEPOSIT
PAYROLL CASH
PAYROLL TAXES
CALIFORNIA PER.S.
$ 2,372.41
687.73
4,745.69
327.65
(5,061.52)
165,070.94
60,538.67
50,303.05
GRAND TOTAL
$ 1,739,289.50
1/3/2008 Warrant 123107
3 OF 3
Agenda Item No. 7
Page 5 of 10
JANUAR Y 15. 2008
CITY OF LAKJE JELSINORJE
WARRANT
SUMMAR Y
FUND#
100 GENERAL FUND
---,----------- -------^~--.-.----..--.---....----..-..---- ----....-.____....___ ______n
105 MISC. GENERAL PROJECT FUND
---- - ---..-.----..-----"----...------......----..---...-----.- ------ ---- ------- ---------- -- ---
110 STATE GAS TAX FUND
-- -~- - ------- - - -
112 TRANSPORTATION/ MEASURE A FUND
--- -----------------......--...----...--------------.---.,-.-----.-..----.....-.--
118 LAKE SIDE FACILITIES DIFF FUND
- - --- - -- - -- -~----- --- -
130 LIGHTING/LANDSCAPE MAINTENANCE FUND
---.."--_._._-----_.-...__._-----~---_.~-----_...._-------.....--..---..-----...-------.--.-----.- ,'-------
135 L.L.M.D. NO.1 FUND
---- ------._--- ....--.---.,-- '----..'-.. ----- ----.'-------"'..------- ..-------- - ----.--.-----
-.._-----
~~5__ ___~f3AFFIC IMpACT FEE FUND _____________._______ ._J1J~7.90
211 STORM DRAIN C.J.P. FUND 71.25
-..-.-----.-..-------.--.~..--.-_.~-~.---..--.._.--.~-..---...----.---- ...-.--.-.-.. --- _____.__......___.. ..n____. __.__._ ____ __.__.._. _...______..._
23L__--'--'E3RA~Y CJ.P._FUNI?_______ ________ .___ . 3,051.6~
352_____ ..A.D.86-1I?EBl SERVlc.E FU_ND__________________ __ ___ _____1,331.32
~~3___ _AQ.~ 89-1DEBT SERVlgE FUND___________ _______2,616.24:
1~6____ AD. 90-1A D!==BT ~ER\,I-,-g~UND________ _ _ __ u___ _-.1.,590.11
357 C.F.D. 2003-02 DEBT SERVICE FUND 65.92
~._._--.-------..._-~~..-------._-----_.__._.._..~-_._....-.---..- -.-----.. -.------..-.-...----.----.-. -----..-....-.---- ----...------.-.. ---..----
3~O_____AD. 93-1 DEBT ~ERVICE FUND_~_____________ __ _.l',964.71
363 ___C.F.D. 88-~ WE~T U\KE ELSINORE 1997 Sr::RIESJ\ DEBI SERYICE FLJND____ __4,7SQ_:.00
~7L___C.F.[): 2005-=-~ AL~ERHI~!- RANCH Dr::BT Sr::RVI9E FUt-J_~_ __ _ __~610.0Q
387 C.F.D. 2007-5 RED KITE DEBT SERVICE FUND 563.85
---..-.----. ------.....__._....._-_.._.._-_.~.._--_..._._----_.._-_.- ..--.-------.....----------. ..-.------- -------- --...--
606 MOBILE AIR SOURCE POLLUTION FUND 204.65
------_.._~----~-_..-.-_.~.._-~._------_._~---_......_-----..----- ---------..----..-
608 TRUST DEPARTMENT & PRE-PAID EXPENSE 500.00
__.._._.__n_.__.. ___.____.._.~...__________...___...~._.__.________....__._.___._._~___ __ __.____.... _______ _ ____..._._._
6~_n___.n. KANQAROQ RAT TRUST FUND___ _____________ .______2,64~.00
62i>______ CQST Rr::c:;OVE:_RY S)'STEM________ ___ _____ 5,3](}.68
650 C.F.D. 2003-1 LAW & FIRE SERVICE FUND 446.25
651___~C.F.[f2006..~EAR~~ 6PE:t'-JSPACES&sf6RM.DRAINSSE~yICE FYND _--- _ __~_444.15
652 C.F.D. 2007-1 LAW & FIRE SERVICE FUND 438.90
FUND DESCRIPTiON
TOTAL
$ 858,8~2.92_
229,571.~
979.29
._~-.'..-
_1,636.25
-.1,804..!>?
.. _ ____~~,34!-~~
877.35
-._-_.-..._--------~_._--------_._--._..~-_._--_._._---. -
GRAND TOTAL
$ 1,203,861.19
1/16/2008 Warrant 011508
1 of 1
Agenda Item No. 7
Page 6 of 10
JANUARY 15, 2008
CITY OF LAKE ELSINORE
W ARRANT LIST
CHECK# VENDOR NAME AMOUNT
9H3Q_ VOID-T_~RESA ~ TA_)'~9R _____ _ _ _____ $ ___J30.00)
92772 ____"'9ID-c:;QQ~E_qUIPty1!=!JT OF ORAj'JGE,INC. . _____ . . _ ____ . _ .. __J?}7.74)
J:}345~____ WESTERN RIVERSIDE CQ.LJN91L.9E GOVERNM.~NTS .. _. _ _________1Q9.460.90
93558_ __VOID-SAQPL-EI?I\C:;I< MATERIALS 99MF't-!'!'t'JNC.__. _____ ______ {8!5_!5'_~0)
9~!5~1____ LAKE EL~LI\JQB~ VAL-LEY CHAMBER OF COMMERCE ____ ________ 4,167.00_
93~~_ __j:;OOK_EQUIPtylE:.NI OF ORANGE, INC. ___________ ._____ _ _ _____ _n .__ 277.74
935~~.. _ 1!UNp.J-Q_CAL .777_________________________..1 ,583.0Q
93594 _____JJtE:_L.).U. OF N.A. __ ___________________ 3,456.00
_9359L....___PRE-PAIDL.E:GAL SERVICES, INC. _________ 155.40
93596 __~IAND~I3D INSURANc.l::_c:;QMPANY 12,~18.?~
93597 STANDARD INSURANCE COMPANY 289.53
------------------, --.----- - ------------------------------..- .'.---------- -- - - ------..-
~35~~______ STATE COMP_EJ\jSATIONJNSURANCEFQf\J[) ________18,53~&9
93599 VISION SERVICE PLAN _________ J,611J1
93600 DEPARTMENTQf<2.0NSERVATION _________ _ _ ________ __ 2,270.58
93601 CALED 595.00
---------- _._----_._----~-_. ,.--....,.---.--------.---- -----..------------------------- "---."-----
93602 I.C.MA RETIREMENT TRUST ______________ _______ 4,638.00
93604 VOID 0.00
...~_..__._..__._--- ---
~~6j)_5-93607 A & A JANITORIAJ-_~gRY.I(~E:______ _____ _ _ __ 5~~75._QO
_9360_~..J\_~L L1THO________ ______________ ___ 2,036.4~
93609 A BETTER PARTY 68.88
___...____ ___._____ ______________ _. _____________n_______________ __.___...._......_,_.,
9361~ ACOM SOLUTION~______ _ __ 2,35~.J~_
9361 L___.A.c:;T!Q.t'oJ. PARK ALLIANCE, INC._ _____ .. __ ________----.1'J_~~.()O
936R..___ ALL PHASI;_R~fB!G.~RATION & AIR CONDITIOI'JLt\iG..!NC. ____m _____----.1,603.50
93613 AMERICAN EXPRESS 294.97
~~__.,_'_"'__'~_'~___ .' 0'..--------------
93614 AMERICAN FORENSIC NURSES 39.50
--- -------------"- -"-- -_.__._---------------~-
93615 AMERICAN MATERIAL CO. 56.01
- ----..- - -----------.-..--'.-- - -------------...-. -----------..------- -'...-.-----
~21JLm_u___ ESMIREYDA ANDYA .. 3,020.50
93617 ERICA ANDERSEN 202.12
-------------.-------'.--'---- -----------.----.--...-- ---- - -----
9361L__ANIMAL FRIENDS OF It!~YALLEY ______m__ ___m____ 7,500.00
9361!:L__ APPLE ONE EMPLOXt\t1E:f\JI SERVICES . ._____u_... 5,695.86
93620_~RI.Qt!l\t'oJ.~Y.~:[BE:_ET, L.L.C. ____ .____ 971.44
9362L__~ANK~O..f.A.M.E:I3'-c:;A.(0619), CITY MANAG~J3.:S OFFICE u__u_______ __ _ ______117.49
~_~~~______ BANK OF AMERICA@Jn~~. HENDERSHOT, fIB~C_HIEF 813.33
~~2?~_ __ BANK OF AMERICA (34f!Q1_99MMUNITY DEVELOPME_I'JT DEPARTMENT _ __ .. 170.00
93624..._ _~I'JK Of_f.ME:B19A (4245), PARKS & RECBEATJON DEPARTMENL_ 2,263.07
~~~~~__ BANK OF AMERICA (5336), FII3.E:_~:rATION #10_ _________________ 67.82
9362~_ ._I?Nil5_()f AMERICA (5392), FI RE ST A TIOJ'Ut~____ . ________ 158.87
93627 BANK OF AMERICA (5400),.E!B.E: STATION #94 _ 203.83
93628 BANK OF AMERICA (6673),LAK-'~_~_AQ!:LATIC RESOURCES DEPARTMENT_______~_~251I
.~?~?~. .I?ANKQF AMERICA (670n_AQ_tylll'Jl~TB6IIY~?_\lCS & HUMAN RESOURCES DEPT. 152.09
9363~_ CATHERYNE BARROZO __ ______ ___ ___ 206.50
93631 BEACH DESIGN, INC. ___n____u__ __ _ ________~500.00
93E3~.? B_LQ9_MFIELD_GROUP-'If\LC-'_________ _______.P~O.()Q
93633 SILVIA BRACOMENTE 50.00
------ .-. .-.-....-...,..-------..-..--
9363L_____.J?!!!\JQy. Q.A_I'J'yOf\J.Il.!BE~l!PPI,.'y u__u__ _ _ __un 61.47
93635 CALIFORNIA JPIA________ ________u__ _________ _ _ ____ 14,38J..QQ_
93636 ___~AIE:_QE_gALlF9Rt\iI&..~EPARTMENT OF JUSTICE 630.00
93637 ._ ___._CALOL YMPIC GLOVE & SAFETY CO. _______u_ ________uum______________ 120.78
~~63~L__ CANYON TIRE SALES, INC. ____mUm. . _________________ .u ___118.53
93639 JOHN CARLSON 75.00
----_.._.._------_._~--_._...__.,._.. .-', ----..-----------..--- -.---,---.- '-------------------
93640 CHINO ICE SERVICE___ ___u________ _____~564.96
93641 ______ RQE!!I'J_gJ:lJ.Putyl~Nu_______________u 120.00
93642 COLOR TECH COMMERCIAL PRINTING 627.11
1/16/2008 Warrant 011508
1 OF 4
Agenda Item No. 7
Page 7 of 10
JANUARY 15. 2008
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK# VENDOR NAME AMOUNT
93644 ~9JIJ1Pl.JL~R A~~13T SYSTErvl~,J!'JC. J~4.00
93645 .KIRT A:.CoUI3Y"-________3'8~9.39
93646_S:;UTTING EDGi:: ~TAFFING,It'JS;_"____}A~O.OO
J!36_47 _ _____ D_~~ E:LECTI3IC___________ 3,816~OQ
93648___ DA,=EER,-'3QSEN_BIL T &L1TVAI<, b.L.P._ _____ . m.u_
9364.9___9.f\J"AQ.l.Jl~K JNFORMATIQf\J SY~TEMS,!.f\Jc;"----- . __ ._~~.50
J!36~Q___ _ __PIEHL,E:V ANS ~COMF'ANY.!b.1J>.._____________~6,90f3'00
93651 DIRECTV 74.98
----..-------------,.-..,.-------.-- _..__.._n___......____.__ _____.....n.____ __. ____~__..__._ ______ ______
93652 DO IT CENTER 57.11
--.--- ..-.---...--.---------......-...~-._-..-- ----, ----------- --------..---.--..--- . ___u'.'n.___________ __ __ _____n.._,.___
93653 CAROLE K. DONAHOE A.I.C.P. 825.00
---.-..---. ....-------.-..----..-------....---.....-------.--. -----------...--- -- ------ -._-- -- -
~~654_______[)OWN~ COrvlMERCIAL FLJELlN~LIt-J.Q.._ _ ____ . ___ ___.. _____15,82?:~~1.
_~~655__.___.[)RESc;O REPRODLJc;TION, INC.____ __ __172.12
93656-936_!5I_E.:V. M.W. D._______.~___ ..__ 4,147.21
9365~____...E~B.S. C_ONST_I3UCTIQN, INc;_____._____. __ __1?0,650.~~~
9365L_ ___E:.S. BABCOc;l< & SQt'\J~,Jt'Jc;,---___________ ____ ___ __~4.!5~QO
936f3L_.. _I::_LAN A.~SOCI,6.TES.___ .._n___ n______ .. __ ___ . 4,430.00
~~661_ ._ELlEFARAH_, INC:________ _____ .______ _ _.1 ,280..QQ.
~3661n_ ELlT~ ELE~ATO~, INC._____n____.__.__ n______ . ~5.00
~J66l_ .--.E!-~IN9.RE ELE:9TRICAL SLJPPL Y,INC'm . __. ..__ n__ ___un .1 ,220.9~
93664-93665 ELSINORE PIONEER LUMBER CO. 260.01
~"-------._---.-,,_.---.-...--.._-----.,..--~----.-----.- ---------- ---.-.-.......-.--- _____..'M.__ ___~.,__.._____
93666 ELSINORE VALLEY RENTALS 247.83
-.'"....------- -----,".,----. ------------..--,...,-,---,------- .--.-----......--------- --- ______'_n____ ._______.._..___.__
_~;3~L_n__E:NVtRONME:NTAl.,CLEAt'JING_u__.________ ___ _ 5,31Q~45
_9}66~ ---~~R1Jt'_l~~__~___.n_____ __ _ __un n _11 ,733.0~_
93~69-9:3.610n.EXCEb_LAN[)SCAF>E, INC~_____n______ _ n__ ..._______17 ,502.23
93671 FEDERAL EXPRESS CORPORATION 250.99
-------- -- --- -- --- - --- -- ----- ---....---...----.-.-.....----...-....---
~367~__FERGUSQt'J GROl!P, L.L.9-'----__.__ .____._____n__ _____~6,126~1l.
93673 FERRELLGAS 882.77
------..----...-----.----.--------...------......--.-----.....___._________..____n...______..._.__________....______ ______'..____.._.___
~~67.1.__. FIlJ\RSKY.& WAIT, L.~:~.___________ .___ .. ___n__ 265At
_9367~.__ _FIRST AM.ERICAN CORE LOGIC, IN~:_________ ..._____ ..__ .__ .... 128.1Q.
..9367!>___.Q.~ARHARTS GARAGE~INC._ .....u_ ....___.___ n__n ____ .~_____.J 76.7.5_
~~67l.__ GOLl:)EN OFFICE I.~ILE"S, INC;_________ .___n____.m__m__.___.__ 538.76
93678 LUPE GOMEZ 265.73
________n_________ ____.______,._.__..__~___..___...____.._.__.__._.._.___..______,...____.__ _ ______..___....,_______.____ _______...___
93679 THE GRAPHICS COMPANY 342.00
-~_._-------_._---------_...._.--._.__.._~-_.._----. -----.,...-..-----.- -----.-.-.-----...------ ----.-- ..-...--.- ---- --'.-
93680 CARL GRAVES 20.07
- ---------- -- -- .--.-----.....--.---..----.. -..-----....-------.-..---....-----_.__~_________ _ _______...___m____________
93681 MIGOALlA GUITERREZ 50.00
---------...--------.----..-.--- ----.---...------....--- _.m.______,.__.._.___., ---....__.__.....____.___n..m______...__....______._______._
93682 IRMA GUZMAN 126.18
-------------......----.-..------_,_____._._..n__.___..__-___...______......___.____n..___.__..-.._______ ______..____.._m..____________
93~~____LORi::NA I-!ANCOgL_____. _________.___... ___.m_.__ .. ____ 3,3~2.25
93681....._ HI-WAY SAFETX., INC.__u._____ __ ________ ______~1,.267.9-4_
936_~L ___ HOOt<.S & L.ATTICE:__.______.______ .---____mu______ .1 ,24 L~
93686 INLAND EMPIRE LOCK & KEY 248.71
----..--.----.---.....----...-------......--------....----------.-.-.----------".-------..--.--------. ..---..-.---.....---..-...-----
93687 INLAND URGENT CARE WILDOMAR 310.00
--.---.-------------.----------.----.----..-..-_....._....___.__.___n....__.._____~.______._.__.___ __._____.____..._
93688__.Jt'JNOVATIVEDOCLJMENT SOLUTIONS__~__..._..___________ .__ ?26.28_
93689 DE JANDA 374.25
------ .- ---- ----, __n..___.._______..________ ____ ______....____.____......_____..._.___. _._.__ __ _ _______.__n_____.__ _______...____,__
936l!Q..._u_uSTE~E KA.RVEL,OT._.____.______~_..___ n________m_ ....1Q6.25
936~L_ ___ KOBATA & ASSOCIATES, INC. .._~__ _____ .__u ._.n_ ____._ ._m_:3.7, 732~QO
936gL__ LAKE: BU!<::;K PONTIAg GMc:;, INC.______ _~________. __________124.6?_
~369:3._._LAK~ CHEVROLET ------m--..._.__~__n__.____.L13.08
9369~m__LAKE ELSII'-JOR~TIRE& AUrO, If'{~._______ _ ___ 329:9l.
~369~u_____.hAKEI::LSINORE VALLEY CHAMBE:_R OF COMr..'tERCE____________ __. 12,500.00
~369~___ LEHrvlAN BROTI-!.I=RS,INC. ____ __m__ ____._ ._____ 4, 79~]1.
.9369.7____LEWIS, BRISBOI~, BISc;AARD, SMITH, L.L.~<::;.,J..,-L'~_____n__ _______65.9?..
9369L_!-IBRJ\RY SYSTEM_S & SERVIC_ES, L.L.C. ----___._m___~__ ___~,051.~Q.
9369~n____L1rvl& NA~CIE~ENT9 EN.gINEERING CORP._______ --.---__._n___._ 36,8:35.59
1/16/2008 Warrant 011508
20F4
Agenda Item No. 7
Page80f 10
JANUARY 15. 2008
CITY OF LAKE ELSINORE
W ARRANT LIST
CHECK# VENDOR NAME AMOUNT
~~7()().._ !-INKLll'JE COMMUNICATIONS, IN~_ __ .._._ ._____ 44.95
93701-9370~_ LOWE:'~ HOME CENTEfi~.,-'I'JC._____ 918.54
~~?'~ .I..QWES H.I.W., INC. ___________ 500.00
93704 CHA8J..E:S MACKE:r~B._______ . . ______ n __________ ._n_.. _-4..J115...QQ
937~__ ___SANDRA MA~SA-LA VITT __ _____ .._____________ n _. _ __ _J...4()O.OO
93706____M~rrHE:V\l Ft-GAN CONSUL TING_~_ERVICES __ __ n____________ __. _____MH.~~
93707_______.J..INgf\r.AJ1-.l..I::R_ . _ _____________5,437.50
937~__ MO~ILE:_~J\I.E:I...l..!IE_yE:J"'ILJJ~E:..S_'__L.P. ____ _.. _ ___ _ _____ . 72.78
93709___ MORROW PLUMBING, INC. ___________ 1 93.24
93710 MORROW PLUMBING, INC.____________ L??Q.58_
93711 CITY OF MONTCLAIR 120.00
---~---_..._--- . ------------ -------------------------- ---..--------- -- - ----------..--- ------------.--------
93712 MSA INLAND EMPIRE/DESERT CHAPTER 40.00
_________ _______.....____. ______________._______________._____________ ____________ ____ ____n____.. ..________ _ ___ _ ________ ___________________________
93713 RICK MUNYON 150.00
________...__..___.______ _ _ __ ___________________m______________n_________________________
93714 MWI PLUMBING WHOLESALE 128.14
-----------.,..-- ---- --- ---~,-_.-..-. -~_.._._----- - - --- - --- ------------.----.-.-
937~____ .. t-J~!IONAL SURVIV A~~LJEPLY. .__ . . ____ _______ _______________________.1 ,64Q.4Q_
9371Q.__n_NBS.GQYERNMENT FINA1"CEJ3ROlJJ=I ________ . __________________________19....252....49..
9371L._____Ni:J:>.B:..HEALY & COMPANY, IN.9. _ n____________. _______________--.120.64
93718 NETCQfy1PIE:.gIjI'JO~9_~IE:~,_ll\Ig._. 3,518.50
~37t~____ NTH_g~t>JEBAII~G COMPUTING,ltiG_______ __________ 48,903.52..
93720 OCB REPROGRAPHICS 27.39
_____________________-._._..__.........._.___ - _____________.____________m______..___.____.___._____________________._ ..___________________.___.____
93721 PORT SUPPLY 323.15
-----------.-- -------------------------
93722 PREMIUM PALOMAR MT. SPRING WATER 337.10
--.---- - ._--"---_._---~--------------_._~- . -- ---.---.----.--.------------.---------
93723-9~Z~~TIj!=yRESS ENTERPRISE _____ 3..207.90
937~____ .. J=I.f3.QIECTION RESCUE SECURITY_~E:BYICES ... _______n_..1,9QQ:05
93726-93727 PRUDENTIAL OVERALL SUPPLY 335.56
---------------.,.- ------..-.------.------..-.-- ---.-- ------------------.--- ----------
93728 QUILL CORPORATION 900.84
--------------------~~---_._,._....._- ...~..- -- ------------
93729 QWEST COMMUNICATIONS 987.04
---.-------- ------ ------.------------. --- -~-_._--------_._-
93730 RANCHO RUNNERS 67.50
~_,,__.___...___ _________________.__.___._._.____.___.___m___.______._____ _ _ _ _ ___._.___._______
9373.L___ REG.IQI\lf\LfQt'-J~!=R\.IJ\ IIQN AUTHQRITY . __ ___n_____ .. u__ __n__n_____ J5j._380.00
937~2 __ RIGHTWf\.Y ~ITE_~ERYICE:.~,11\I9. .. . ._____________________________876.03
JL373__3_ RIVEB.?J()__E:..99.YNrr.IjJ\~LIJ\T ....... __..______________ _ ____2,644.0_0_
93734____fQUNIY OF RIVERSIDE, DEPARTMENT OF EN.\.IIBQNME:NIJ\I..IjE:A1- II:i _~~6.00_
93735 COUNTY OF RLVERSIDE, OFFIC;E OF ASSESSOR, GARY L. ORSO 9.00
9373() . ~ADDLEBACK MATERIALS COMPANY, INC. _____ 2,737.1Q.
93737 ______~g.E:NgINEERING __~________.___ ____11,-127~90
9.~L3~____ SCOTT FAZEISt<~_~..J\~~Qc;L~IE:~_'_!NC. ________n______________ uu . _ j5,4:Q1.38
9373~__._ SCOTT MORRISON & ASSOCIATES 1,020.00
93740 SHARE CORP. 559.18
- ----- --- ---- - -------------.--------.-----.--------.-------------
93741 SMART & FINAL 418.06
---.-.--.-. --.- --.--.-.-.--.-----------
93742 SO CAL SANDBAGS 484.45
..--------------.------.- - .--- ----.-------------------- ---'-------...- --...
~37~______ DAylg~.SOLOMON___nn . .__n___ 2,850.00
93744 SOUTHEAST CONSTRUCTION PRODUCTS 424.96
----"-----_._- ----.--....__.-- ------------- ---- -- -----.-- ----.-.-,,--.-----.-.-
93745-93748 SOUTHERN CALlFORNIA~Q.I.?_QI\I_C;Q. . . .__ _________u_______ 48,569.J>!5
~~L4!L S.QUTHERN CALIFORNIA Q~~_9Q.______ . . __________m_________ 1,055.6~
93750 SPRINT 161.10
_____ _n_-'__________ _.________.___._._._.__._ ___ ____________
93751 STAPLES BUSINESS ADVANTAGE 64.38
-.----. -. ------------- -- --.--------------------------- -------
93752 ___ STEWART IIII..E:.9Q_____ ________ J,?_OQ.OO_
9375~n ..BOB STOVER, INC.____~._________6,2..!.Q~QQ
937!54: TARGEI$f.E:.G'J\l...TY PRODUCTS _____n__________ __.1,268.43
93755 TEMECULA VALLEY CHAMBER SINGERS 200.00
----------._~ -------------,-----.----..- - -- ..'-'-- - _._----_._--_._-------~----------------
93756 TERESA M. TAYLOR 30.00
------
-------------..-.. - -------..-----------.-----.---- --------
_~?1.57 TICOR TIIl...E:.CO.MPANYL_?O().:Q().
93758 TIME WARNER CABLE 38.05
1/16/2008 Warrant 011508
30F4
Agenda Item No. 7
Page 9 of 10
J AND AR Y 15. 2008
CITY OF LAKE ELSINORE
W ARRANT LIST
CHECK#
93759 TWIN GRAPHICS
----------_._~------- ------ -----
93760 UNION BANK OF CALIFORNIA
__ __ ____._________.______~ - - n"'.'~ _~.__
93761 UNITED PARCEL SERVICE
---------- .' -.-------------------------------------------
93762 UNITED STATES POSTAL SERVICE
________.__._._______..___.____..,__,_____.._~.'M._.._.__..,_ ..__,"..'__.._ _'~'"
93763 VENUS PRINTING
__ _._____n...._ _____ __""___
93764-93766 VERIZON CALIFORNIA
.----------- .".' - ._..__..._.._---~-- -- -- ----.-------------------...-----------------------
93767 VERIZON EQUIPMENT SALES & SERVICE
---------------.-.--...----'.'.'--- -- _._~ ".. '. -. _.~
~~7~~_ VILlA~E_~9_l!lp_t..i~NT RENT,A.LSJNQ.......__..._________
93769 VISTA PAINT CORPORATION
---
93770 WEST COAST SERVICES
____._.__ _.. ..____~___m__ ____,.._._.___~__. ___._.__.._.__ ,.,_ .
93771 WESTERN BANK OF CHINOOK
- ______..__ __.'__'__ ._ 0--.-__----_.- ".. '_'__'.'. ____ _ _._ _. ~_~_...~____._ _ _ _____._.n~__.________.n_....___________.__________.__
93772 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
_________.________._.__.___m__
93773 MARILYN WHITTIER
----.-.--.-.--
93774 WILDOMAR PLUMBING & DRAIN SERVICE
'n ___ _ ___._.____~_____~____
93775 WILLDAN
----------
93776 WENDY WORTHEY
VENDOR NAME
AMOONT
mn_._n n 7,441.80
2,610.00
363.28
--- ---.------.---------.-.-------------
_______.______________________ ?~~OO. 00
204.75
?~6~~jl~
889.27
--- ---.------ ----- -- -----...- - ----.-.-
137.50
615.11
425.00
- ____._n.__.....
. _ .__ _ .~~QZ.:1~
4,062.00
200.00
180.00
- --------
6,528.00
5,250.00
TOTAL
PIE DATE:
$ 836,704.35
01/04/08
----..--- ---.----
01/04/08
--..-
01/02/08
~----_..."..- ------
01/02/08
01/10108
PAYROLL CASH
---------.-
PAYROLL TAXES
CALIFORNIA P.E.R.S.
CALIFORNIA P.E.R.S.
---,_._----_.._---~-
CALIFORNIA P.E.R.S.
$ 147,138.90
__ ________ ______.m_______m_.__ __....._......'-..-._...__
_ . _ n _ _____.__ _n____________ 60,3.14.68
105,482.61
4,355.58
49,865.07
GRAND TOTAL
$ 1,203,861.19
1/16/2008 Warrant 011508
40F4
Agenda Item No. 7
Page 10 of 10
CITY OF ..~
LAI(J:: 6LSi110Rf:
\ I
~4f!! DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: INVESTMENT REPORT - NOVEMBER 2007
Discussion
The Investment Report is a listing of all funds invested for the City as of the date shown
on the report.
Recommendation
Receive and file.
Prepared By:
James R. Riley ~
Finance Manager [/
Reviewed By:
Matt N. Pressey~
Director of Admiru~ive Services
Approved By:
Robert A. Brady n fvOL
City Manager 'ILl V
Agenda Item NO.8
Page 1 of 23
CITY OF LAKE ELSINORE
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF NOVEMBER 30, 2007
ACTIVE ACCOUNTS
BANK DEPOSITS OUTSTANG. BOOK
BALANCE IN TRANSIT CHECKS BALANCE
$1,993,366.31 2,754.02 (1,216,217.58) 779,902.75
0.00
16,568.92 (2,229.57) 14,339.35
2,009,935.23 2,754.02 (1,218,447.15) 794,242.10
Bank of America - General
Reconciling Items
Bank of America - Payroll
Total Active Accounts
INVESTMENTS
Local Agency Investment Fund
Bank of New York-Trust Sweep Account
Federal Home Loan Mortgage Corp.
Federal Home Loan Bank
Federal National Mortgage Association
Sub-total Investments
16,786,548.72
9,435,618.60
16,786,548.72
9,435,618.60
11,000,000.00
11,000,000.00
37,222,167.32
37,222,167.32
2,754.02
(1,218,447.15)
(12,160.00)
(37,337.00)
(49,497.00)
37,172,670.32
37,966,912.42
Total Investments
( 12,160.00)
(37,337.00)
(49,497.00)
37,172,670.32
39,182,605.55
Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (LAIF)
Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (Other)
Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (Total)
Cashier Drawers #1 & #2
City of Lake Elsinore Petty Cash Fund
300.00
1,000.00
TOTAL POOLED CASH AND INVESTMENTS
$37,968,212.42
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 26, 2007. A copy of this policy is available in the office of the City Clerk. The
pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures.
Matt N. Presse
Director of Admini
January 16, 2008
Date
Prepared by: J. Riley, Finance Manager
Agenda Item No.8
Page 2 of 23
FUND NO
100
101
102
103
104
105
106
107
110
112
115
116
117
118
119
120
130
135
140
150
201
204
205
211
221
231
232
254
257
259
266
267
351
352
353
356
357
358
359
360
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
604
605
606
608
610
611
616
620
650
651
652
CITY OF LAKE ELSINORE
POOLED CASH AND INVESTMENTS BY FUND
AS OF NOVEMBER 30. 2007
FUND NAME
General Fund
Supplemental Law Enforcement Fund
Local Law Enforcement Block Grant Fund
Office of Traffic Safety Fund
Traffic Offender Fund
Misc. General Project Fund
Affordable Housing In Lieu Fund
Developer Agreement Revenue
State Gas Tax Fund
Transportation Fund
Traffic Safety Fund
City Hall-Public Works DIF Fund
Community Center DIF Fund
Lake Side Facility DIF Fund
Animal Shelter DIF Fund
Camino Del Norte DIF
Lighting & Landscape Maintenance Fund
#1 Lighting & Landscape Maintenance Fund
Geothermal Fund
C.D.B.G. Fund
Street C.I.P. Fund
Signal C.I.P. Fund
Traffic Impact Fee Fund
Storm Drain C.I.P. Fund
Park C.I.P. Fund
Library C.I.P. Fund
City Fire Protection Fund
AD 89-1 Railroad Canyon Rd. Improvement Fund
CFD 90-2 Tuscany Hills
CFD 90-3 Construction Fund
CFD 2004-1 Marintiqu
CFD 2006-1 Summerly
AD 87-2 Debt Service Fund
AD 86-1 Debt Service Fund
AD 89-1 Debt Service Fund
AD 90-1 Debt Service Fund
CFD 2003-2 Canyon Hills
CFD 91-2 Debt Service Fund
CFD 90-3 Debt Service Fund
AD 93-1 Debt Service Fund
CFD 95-1(96 Srs.E) Debt Service Fund
CFD 88-3/1997 Series F Debt Service Fund
CFD 88-3 III B /1997 Series B Debt Service Fund
CFD 98-1 Summerhill Improvement fund
CFD 2004-1 Debt Service Fund
CFD 2005-3 Summerly / Laing
CFD 2004-2 Vista Lago
CFD 2004-3 Rosetta Canyon
CFD 2005-x Camino Del Norte
CFD 2005-1 Serenity
CFD 2005-3 Alberhill Ranch
CFD 2005-5 Wasson Canyon
CFD 2005-4 Lakeview Villas
CFD 2005-1 D. Clurman
CFD 2005-7 La Strada
CFD 2006-X Tessara
CFD 2007-X TR#31957
CFD 2007-X Marina Village
CFD 2006-9 Tuscany W
CFD 2006-10 River LK
CFD 2006-9 Trieste
CFD 2007-X Canyon Hills
CFD 2003-2 SRS 2006A
CFD 2004-3 SRS 2006A
CFD 2007-4 Mekenna
Endowment Trust Fund
Public Improvement Trust Fund
Mobile Source Air Polution Fund
Trust Deposit & Pre Paid Expense
Kangaroo Rat Trust Fund
Developer Agreement Trust Fund
Fire Station Trust Fund
Cost Recovery System Fund
CFD 2003-1 Law & Fire Service Fund
CFD 2006-5 Park, OpnSpc
CFD 2007-1 Law & Fire
Total Pooled Cash & Investments
AMOUNT
7,548,028.21
187,706.32
26,155.89
92,543.79
61,196.63
(721,991.88)
909.616.04
1.021,448.41
1,414,628.14
1,422,877.59
345,110.94
844,711.23
551,520.16
329,050.41
350,510.30
30,978.56
(817,435.39)
31,415.61
16,864.21
(255,762.08)
(205,098.69)
112,833.46
5,808,231.87
6,743,796.63
1,145,753.97
1,206,333.65
566,353.71
121,452.31
(94,047.50)
98,410.17
79,414.71
(1.570.00)
46.941.98
89.130.68
291,431.99
381,581.21
468,993.74
13,979.52
(318.703.83)
925.372. 76
195.201.49
502.669.57
(543.125.32)
401.101.04
(50.508.23)
30,479.29
319.012.13
118,424.41
27.186.18
(16.793.01)
98.016.66
24,194.15
42,180.88
29,461.15
3,499.32
46,418.53
50,007.87
(466.68)
454.88
46,286.28
53,928.61
60,460.82
68,893.04
43,679.83
(20,453.75)
18,043.21
657,421.31
192,060.05
1,768,524.58
1,305.00
1,521,790.00
15.53
1,415,339.54
(3,185.56)
(5,256.66)
2,180.85
37,968,212.42
Agenda Item NO.8
Page 3 of 23
CITY OF LAKE ELSINORE
INVESTMENT ACTIVITY SUMMARY
FOR THE MONTH ENDING NOVEMBER 30, 2007
Total outstanding investments as of October 31,2007 $ 38,708,744.49
PURCHASE MATURITY/ COUPON YIELD TO
DATE CALL DATE RATE MATURITY COST
Investment Purchases:
FHLB 3133XMUT6 11/05/07 11/05/12 5.250% 5.250% 1,000,000.00
FHLB 3133XMTD3 11/07/07 11/07/12 5.000% 5.000% 1,000,000.00
FHLB 3133XMXT3 11/19/07 11/19/12 5.250% 5.250% 2,000,000.00
Total Purchases
4,000,000.00
Investment Maturities:
Total Maturities
Investments Called:
FHLB
FHLB
FHLB
FHLB
FHLB
3133XDKV2
3133XKNW 1
3133XK4R3
3133XCYK3
3133XJAS7
11/09/05
05/10/07
03/19/07
09/22/05
12/22/06
11/08/07
11/13/07
11/19/07
11/20/07
11/23/07
5.000%
5.550%
5.500%
4.690%
5.500%
5.000%
5.550%
5.500%
4.690%
5.500%
(1,000,000.00)
(1,000,000.00)
(1,000,000.00)
(1,000,000.00)
(1,000,000.00)
Total Calls
(5,000,000.00)
Net increase (decrease) in LAIF
Net increase (decrease) in Sweep Account
(1,600,000.00)
1,113,422.83
Total outstanding investments as of November 30,2007
$ 37,222,167.32
Agenda Item NO.8
Page 4 of 23
~
~ ~ 00 00 00 00 00 s s ~ ~ ~
....
~ ~ 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0
;;;l < -< -< C::' N N N N C::' C::' N N N ,;
Q z z - ;n i=::: 0; i=::: - - ;n i=::: ~ c:
~ N N C::' C::' - - !2 :5 "
< -- ~ S '" -- -- ....,
~ '" \0 \0 - "0
~ 0 0 0 0 0 - - c:
'"
.<:
u
....
'"
t- OO 00 00 t- ::E
00 00 00
...::l ~ 0 0 0 0 0 0 8 0 ..:
...::l ~ 0 0 0 0 0 0 0 .,
-< -< S C::' N -< -< C::' C::' N C::' N S
< < Z Z lI'l i=::: z z - ;n t- @
U Q - N C::' - - 0 :5 .,
-- ~ S! -- N u
v V \0 ~ .,
0 0 - Cl
.....
.,
.r.
~ E
~
00 lI'l lI'l lI'l lI'l \0 t- t- t- t- t- o.
< ~ 8 8 0 8 0 8 8 8 8 8 .,
0 0 tn
== ~ -< -< C::' C::' N N C::' C::' C::' C::' C::' C::' .,
i=::: 0; ....
U < z z - lI'l t- lI'l t- '" '"
- N N C::' N - - :5 !2 - '"
~ Q S S S S! '" -- --
~ \0 - ....
;;;l 0 0 - - - ~
....
~ '"
rL:J. ~ "
0"
~ " .,
...., .<:
Z ~~ "8 E-<
~ 00< t"- o lI'l 8 lI'l lI'l lI'l 0 lI'l lI'l \0 l"'l 0 '" '" .;
~ <= "! ~ ~ l"'l l"'l ~ l"'l \0 ~ l"'l 0 \0 .<: .;;;
~Q ~ -0 g r-: u '"
<= l"'l - lI'l l"'l l"'l lI'l l"'l 0:: l"'l .... .r.
~~ M N '" :!; l"'l l"'l t- l"'l 0:: l"'l t- '"
-- "l '" 00 00 oq. l"'l. t-. l"'l "l 0 ::E ;.,
-< ~z <= g ~ <5 <5 <5 - l"'l N l"'l M l"'l N ;::
~~ ~ - - N N N N N N t- .... ~
~ -- l"'l N \0 ., ....
Z< .-t <17 S '"
.-t 50
~ E-l t'-- ....~ ., '"
= u
~ ., c:
Z = N 0 8 8 8 8 0 8 ~ ~ 8 0 Cl 0
0 N t-; ~ 0 ~ N ..: "0
~ g g g g g ~ g l"'l ., .,
00 00 8 8 8 r-: '0
Z ~ ... ~ v S
= lI'l ~ 0 0 0 0 0 0 0 0 0 ::e c:
~ f"') 00 ~ lI'l ~ g ~ <5 ~ g ~ ~ ~ ~ N ., .,
E-l 0 a ....
rL:J. 00 l"'l 8. N '"
U t- V O. O. N .,
~ rL:J. ~ ~ ~ N ....: tn "8
.,
~ ~ ~ l"'l .... .,
<17 '" "0
> ~ '" '>
~ ....
Z ~ ~ ~ :a
~ 0 .... .,
~ '"
~ ~ " .<:
-< ~ .... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0" E-<
~ Q ~ N 8 ~ lI'l 0 0 0 8 8 0 0 0 .,
~ > ;;;l \0 l"'l ~ ~ lI'l lI'l ~ lI'l .<: 6;
Z ...::l ~ ~ or: ~ "! ~ or: "! "! E-< ~
0 ~ ~ V l"'l V V lI'l lI'l lI'l lI'l lI'l lI'l lI'l lI'l ~
~ -< .... -< .~ ~
0 Z ~ ~ '" ~
rL:J. .r.
~ ;., -g
~ E-l ~ ;::
0 ~ "
E-l Z 00 ~ .... ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" Q)
"
~ ~ rL:J. ~ ~ N 8 ~ lI'l ~ ~ 0 8 8 0 ~ 0 0" .....
U -< \0 l"'l lI'l lI'l lI'l ....
~ -< ~ '" 00 lI'l 00 "! ~ or: "! "! '" '"
~ ~ ~ c: ::E
l"'l V V lI'l lI'l lI'l lI'l lI'l lI'l lI'l lI'l 0
E-l z "0 ;.,
.... ~ ~
rL:J. .... 0
~ 00 '" ::E
.,
> 8 '" ;.,
'" ....
N "0 "
Z ~ 00 t- l"'l t- '" ~ \0 l"'l l"'l '"
'" <5 ., '"
~ ~ 0 lI'l CY tn ~ >- ~ E-< Cl E-< '8 .,
~ lI'l U :I: :I: -< ;:> E-< >< l"'l ....
.... == ~ N ~ lI'l E-<
00 :.;: lI'l Cl Cl Cl ~ ...., ...:l ...:l ::E ::E ::E ~ .~
;;;l ~ '" >< >< >< >< >< >< >< >< >< >< " 1l
'"
...:l '" l"'l l"'l l"'l l"'l l"'l l"'l l"'l l"'l l"'l l"'l ...., G; E
u ;;;l '" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B
Z tn l"'l :.;: .,
l"'l l"'l l"'l l"'l l"'l l"'l l"'l l"'l l"'l t- "0
0 8 .,
0 ~
N "8 .s
...; "
;., ~ ....
"3 E ..s
...., ., "0
.... .9 ~
'"
., '" 0
;:; >- ., c:
> .~
..... co .s
....
"8 '" u ;., '"
::E '"
" ~ i:! .,
~ ;., ., ~
~ E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ., bll ....
.;; -< 0
z g 0 '" '" '" '" '" '" '" '" '" '" -
::E i%l i%l i%l i%l i%l i%l i%l i%l i%l i%l .... co .,
~ '" c: c: c: c: c: c: c: c: c: c: ..s u c:
~ ., ;., '" '" '" '" '" '" '" '" '" '" '" 0 "'"
> .... 0 0 j j 0 0 0 0 0 j ...:l
" ...:l E
~ .s '" ...:l ...:l ...:l ...:l ...:l ...:l ...:l "0 .s
'" < E
00 ;., ., ., ., s s s ., ., ., ., s '"
~ i:! .... E E E E E E Eo< .... .,
E-< '"
> 0 0 0 0 0 0 0 0 0 0 0 ~ ..s "8
., "0 :I: :I: :I: :I: :I: :I: :I: :I: :I: :I:
Z bll ~ Eo< r;:; -
-< co co co e e co co co co e '" .,
.... '" l:! l:! "0
co .... .... .... .... .... .... .... ....
., ., ., ., ., ., ., ., ., ., ., ! ! '>
u "0 "0 "0 "0 "0 "0 "0 "0 "0 "0 1l is
0 ., ., ., ., ., ., ., ., ., .,
...:l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Agenda Item NO.8
Page 5 of 23
...
Eo<
;:
;;;J
Eo<
<
::>j
r..
Or--
~~~
O~N
25...~
CI:l...~
...:l~~
>;I;lCl:l~
~~::>j
<>;I;l~
...:l::>j6
r..Eo<z
OCl:l~
...~o
Eo<ZCl:l
U"'<
e,:,
Z
...
~
z
<
Eo<
CI:l
Eo<
;;;J
o
u
"
CI Eo-<
~ f2
:::> ~
~ ~
U Eo-<
~ 2:i
~
:::> CI
.....l Z
< p.. ~
;> 0 :I:
Eo-< tIl Eo-<
~ < Z
~ 0
< ::s
::s
o
~ ~I
>=
>-
o Eo-<
Eo-< i:2
CI :::>
.....l Eo-<
~ <
>= ::s
Eo-<
~ ~I
2:i
>-
Eo-<
~ ~I
::s
~ ~I
~
~ ~I
:::>
~
~
~ ~
tii !Xl
:::> ::s
u ~
~I
~~
rcJ 8
0\ ~
..t- M
< <
z z
< <
z z
< <
z z
o
.,..
p.. ~
~ 0\
.....l ~
0\
tIl
Eo-<
Z
~
::s
Eo-<
tIl
~
;>
2:i
]
....
'B .,
:::l ::s
p.. ;>,
C! ~
g ~
~ ~
~ ~
.,
.,
~
"t:l
2
.,
....
.,
"t:l
.,
p..
;>,
p.. i:!
o ~
~ <
~ 81]
N.....l
8 8
o 0
o
o
o
~ ~
00 00
'<T -
.,..~
0.6.,..
00 M
t- '<T
0.6~
-
N 0
t- ~
00 00
'<T -
.,.. ~
0.6.,..
00 M
t- '<T
~o\
~~
rcJ 8
0\ 00
..t- M
~~
rcJ 8
0\ ~
..t- M
8
o
00000
v:c:o~~
~~~~~
('f')\o~",O\",O
.,.. ..,;
o
o
o
~~~~~
("fj lr') N ....... 00
('I") ("I") N ..... V)
('fjoor---~"","
v5~~OON
N
N
"'l
t-
""
N'
N
N
0.6
N
~~g~~
~ ~ ~ ~ ~
M"""t~O
8~o~t
0,00,0,0,
N
M
.....:
""
-
c-l
N
N
0.6
N
00000
~o~~~
8888x
00000
88888
o,qqqq
-----
t;l<t;l<t;l<t;l<t;l<
~~~~~
"l:t ~ Ir') tr) V)
~~~~~
~;;] ~ ~ ~
'V ~ lr) lr) l,f)
~~~~~
~;;]~~~
"'It' ~ V) l/') l,f')
tft.
III
..,
o
t-
00 00 00 00 00
88888
~~~~~
-1Ot-0\r-
~~~~~
'<T '<T 0 0\ ""
00-00
~
<:>
N
.5
lO/l
=
.;::
:::l
....
<=
E
=
..
'"
..
&:
00 00 00
000
000
S ~ ~
- N N
~ ~ ~
< <
Z Z
I/") lr'l lr'l V) \0
8 8 8 8 8
~ ~ ~ ~ C:!
-tnr-O\r-
~ !::! C'! ~ !::!
=88~~
00 r-M r-O\
.,..O'tIl<>-
U :I: :I: < p..
ClCICI~.....
>< >< >< >< ><
~ ~ ~ ('fj ~
-- ....... ~ .......
("fj ('f") ('f') ('I") ('I")
~~~~~
cu ~ cu cu cu
!Xl !Xl !Xl !Xl !Xl
= = = = =
cu cu cu cu cu
.3 .3 .3 .3 .3
6 6 6 6 6
o 0 0 0 0
:I: :I: :I: :I: :I:
";i ";i t; Cd --;
00: :u :u :u i) :u
81"E "E "E "E "E
NIp.. p.. p.. p.. p..
o
"l
t-
~
sf
0\
0\
0;
.,..
0\
0.6
'<T
o
"l
r-
OO
c-l
o
'"
o
o
8
o
8
0,
.,..
~~
~ ~
.,.. .,..
~~
8 8
~ v:
.,.. .,..
~~
~ ~
.,.. .,..
tft.
~
...;
....
o S
o 0
t:! S
- -
\0 \0
o 0
00
<:>
<:>
N
.5
lO/l
=
.;::
=
<0;
E
r- 00
8 8
S S
- -
N \0
- 0
....
=
..
'"
..
..
~
t- t-
8 8
!::! !::!
- -
- -
~ ~
"" ""
o 0
0\ 0
::: ""
.,.. <
.....l .....l
>< ><
M M
M M
- -
M M
~ ~
., .,
!Xl !Xl
= <=
., .,
o 0
.....l .....l
6 6
o 0
:I: :I:
";i c;
01:U :u
Si"3 "3
Np..p..
~ ~
~ l!:!
M 00
0.6
'<T N
"": "!
'<T N
'<T t-
'<T ~
0.6.,..
N N
~ ~
~ ~
M 00
00.6
o 0
qq
o 0
o 0
g g
o 0
88
qq
o
"l
t-
OO
-
...:
~ ~ 8
r--- V) ci
~ ~ ~
N cC "'
""
""
~
'<T
c-l
.,..
"" M 0
'" "l ~
M 0
0\ M 0
l"'", (""')'" V)
('I")("fj~
o
"1
r-
OO
-
...:
o
o
N'
~ 8 8
r-.no
00 N .,..
;:~~
000
qqo
c-l
o
o
g
o
8
0,
N
000
000
g g g
000
888
000
-:-:N
t;l<t;l<t;l<
~ ~ ~
.,.. .,.. .,..
~~~
~ ~ ~
.,.. .,.. .,..
t;l< t;l< t;l<
~ ~ ~
.,.. .,.. .,..
tft.
f;;
iii
~ N ~
o ;0 0
t! N N
V') r::: 0;\_
:s e -
- - -
<:>
....
<:>
N
.5
lO/l
.5
..
=
....
<=
E
=
..
'"
..
&:
00 00 t-
888
!::! !::! !::!
.,.. t- 0\
~ e ::::
N - N
0--
t- t- t-
888
N N N
;n r::: '"
~ :% S
"" M M
~ ~ ~
::s ::s ::s
>< >< ><
M M M
M M M
- - -
M M M
~ ~ ~
., ., .,
!Xl !Xl !Xl
= = =
., ., .,
000
.....l .....l .....l
666
000
:I: :I: :I:
sl~ ~ ~
N p.. p.. p..
o 0
"l .,..
N .....:
"" M
'" 0\
::: g
'"
0\ '<T
~ '"
~ 8
sf sf
;;;
N
00
..t-
S
...;-
.,..
O. N
'<T ...:
M
'"
o
"1
N
""
'"
o N
o M
o .....:
8 ""
g c-l
0, ~
'<T ...:
M
'"
tft. tft.
III <:>
t- <:>
o 0
.... <:>
....
N
....
<:>
N
.5
lO/l
=
.;::
=
<0;
E
....
=
.,
'"
..
..
~
~
.,
S
'"
.,
>
,S
,S
'B
'"
1!i
=
o
'3
o
Eo-<
.....:
o
6
:2
!O
-
....
o
Q.
.,
~
.,
u
<=
'"
E
....
..s
....
~
p..
3
....
.,
....
~
'"
"
....
Eo-<
2
5
tIl
'"
'8
....
;.g
';;j
U
'B
'"
E
"
E
2
5
tIl
;>,
"t:l _
B '"
'" 0
:::l U
~ .s
~
o
::s
'B
"
?i' -5
'" <=
E' 0
o E
U .s
......
o
:l
~
-'"
....
o
>-
~
"
Z
......
o
~
.,
!Xl
;u
:::l
';;j
;>
~
'"
::s
....
..s
"
~
:::l
o
tIl
'"
'"
..!l
'"
'"
"
:::l
';;j
>
]
..
'"
E
....
:E
.s
'"
';;j
:::l
<:r
"
'"
'"
o
d-
e:
.;
"
t;l<
00
00
M
00
~
<
~
>-
Z
s::
Eo-<
~
"
z
i:2
:::>
Eo-<
<
::s
o
::l
o
p..
Eo-<
~
o
~
p..
o
~
"
<
Eo-<
Z
~
U
ffi
~
t;l<
M
""
..t-
0\
8
8
o
o
8
~
'"
~
<
~
>-
z
s::
Eo-<
~
~
.....l
!Xl
<
.....l
.....l
<
U
~
o
"
z
;:
:::>
Eo-<
<
::s
o
::l
o
p..
Eo-<
~
o
~
p..
o
~
"
<
Eo-<
Z
~
U
ffi
~
tIl
.....l
<
Eo-<
o
Eo-<
~
.....l
!Xl
<
.....l
.....l
<
U
Agenda Item NO.8
Page 6 of 23
fi:
>0
Eo<
~
r.:l
~
;;J
r.:l~r--
~Eo<g
o ~ M~
Z....Q
....>ot'l
~i:Q~
r.:l\l.lr.:l
r.:l~~
~r.:lr.:l
j~~
~Eo<O
O~~
>O~O
Eo<Z\l.l
........<
U~
Z
....
~
Z
<
Eo<
\I.l
Eo<
;;J
o
~
;:J Cl
....l Z
<: ~ ~
>- 0 ::I:
E-< tIl E-<
~ <: z
p:: 0
<: ::?J
::?J
E-<
~ ~I
~
><
~ ~I
::?J
~
tIl
~ ~I
;:J
~
p::
e: ~
tIl J:Q
;:J ::?J
u ;:J
z
E-<
~ Z
o ~
~ E-<
~ tIl
>< ~
E-< >-
~
o
::l
~ 0
o ~
~l;;
o
~
~I
z
o
E=:
;:J
E-<
E=:
tIl
~
"B
::l
~
is
<U
~
<U
.5
g
<U
<:
-;;
C)
o
....l
N
t-:
00
"""
10
-.6
00
r-
-.6
N
t-:
00
"""
10
-.6
00
r-
~
~
N
'"
0\
~
<:
z
<:
z
~
:;:
....l
....l
o
~
"B
::l
~
is
~
<U
>
.s
>-
C)
:::
<U
bl)
<:
-;;
C)
o
....l
~
'"
<=:
10
"""
N
t-:
00
"""
10
-.6
00
r-
-.6
N
t-:
00
"""
10
-.6
00
r-
~
"Cl
:::
::l
r..
C
...
E
....
.,
...
>
:::
...
...
C)
=
...
OIl
<:
-;
~
....l
-;
Q
~
<l
..><
....
~
::?J
~
o
::?J
:;
.,
~
<U
....
E-<
"0
.!l
~
....
<U
"0
<U
~
~
00
-
~
10
<'\
"""
0\
~
~
~
10
<'\
"""
0\
~
8
~
<'\
<:
z
<:
z
o
10
N
10
0\
0\
0\
0\
tIl
~
~
~
~
tIl
is
::l
o
C)
C)
<:
c..
<U
<U
~
tIl
2
E-<
..:.::
....
o
><
~
<U
Z
<+-
o
~
~
J:Q
~
<'\
'"
10
N
o
"<
00
~
10
....
"""
0\
~ ~ 8 ~
N II") 0 .....:
- N V') C'f")
('f') \0 No- ~
~~~~
~ ~ ~ ~ 8 8
~ ~ ~ ~ ~ ~
O",C'f")OO..-_N...
",,"O\ONoO_
8.~~~~~
-----('1
o
'"
00
-
~
10
<'\
"""
0\
8888888888
gggggggggg
o 0 0 0 0 0 0 000
~~~~~~~~~~
- - - - - - ...... - N
~~~~~~~~~~
g ~ 8 8 ~ 8 8 ~ 8 ~
In 00 ~ c: ~ ~ V) ~ c: ~
~ ~ II") II") II") II") II") II") II") V)
....
...
.01
..
...
~
...
...
=
c
~
...
..
::l
~
...
..
~
"Cl
<U
~
..
...
"Cl
...
r..
-;
Q
~
~ ~ ~ ~ ~ S S ~ ~ ~
o 0 000 0 0 000
S ~ ~ ~ ~ S ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ 3 3 ~
o 0 S 0 000 _
V) II") V) V) \0 ~ ~ ~ ~ ~
8888888888
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
V) ~ ~ ~ - II") ~ ~
- N N N N ...... - 0 0
~ ~ ~ - - - - - - -
o 0 0 N N \0 \0 ......
- ...... - - - 0 0 - - ......
00 r- <'\
1000tIl
U ::I: ::I:
Cl Cl Cl
>< >< ><
<'\ <'\ <'\
('f') ('f') ~
~;;:: ('f')
r- 0\ 0\ g ~ 8 ~
~><:::<:;:JE-<><
~ ~ :3 ....l ::?J ::?J ::?J
>< >< >< >< >< >< ><
M ("f") C'f") ('I"') C'f") C'f") ('f')
~~~('f')~~~
('f') ("f") M M ('f') ('I") C'f")
J:Q J:Q J:Q J:Q ~ ~ ~ ~ ~ ~
....l ~ ~ ~ ::I: ::I: ::I: ::I: ::I: ::I:
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
U
....l
....l
U
....l
....l
U U U
....l ....l ....l
....l ....l ....l
~
~
J:Q
:::
~
.3
~
o
::I:
""
<U
~ .~ ] ~
<U
., tIl
~ C
.... <U
~ S
::?J .,
c; ~
.g .s
(3 g
c.. ~
::l J:Q
8 =
.~ .~
U ;:J
~ ~ vi r.i
Q) Q) Q) <U
U U U u
"E 'E"E oE
QJ Q) Q) Q)
~ CI) ~ CI) tI) CI)
~:::-::::::iS
.. l1) .. Q) Q) Q)
~ S ~ S S S
Q~Q~~~
>.>>.>>>
<U ::: <U ::: ::: :::
-a-c---
J5~J5~~~
::: J:Q ::: J:Q J:Q J:Q
~5~5gs
o 'S 0 'S 'S 'S
::?J ;:J ::?J ;:J ;:J ;:J
~ ~
~ ~
~ ~
::?J ::?J
-;;
....
<U
"0
<U
~
c; ~
.C; .C;
o 0
(3 (3
fr fr
o 0
.... ....
.~ .~
U U
~
'"
0\
N
o
10
r-:
<'\
0\
o
<'\
o.
o N
o '"
~ ~
g ~
:} ~
- <'\
.01
=
...
~
=
...
c
....l
...
E
c
=
-;
..
...
"Cl
...
r..
-;
Q
~
N
00
"""
S
<'\
10
N
,-:
<'\
r-:
o
o
";l
-
-
-
~
....
o
c..
<U
p::
<U
g
~
E
....
<8
....
<U
~
~
:;:
....l
....
<U
....
::l
.,
~
<U
....
E-<
<U
5
tIl
~
'S
....
;g
c;;
U
"B
~
is
<U
E
.!l
l3
tIl
>-
"0
B
.,
::l
U
>-
;g
:::
o
::?J
S
~
S
o
U
.,
is
<U
~
<U
.5
bl)
:::
~
l3
.,
:;
o
"3
o
E-<
.,
::l
....
E-<
..><
....
o
><
~
<U
Z
<+-
o
~
~
J:Q
<.i
::l
-;;
>-
]
....
~
::?J
....
<8
<U
C)
....
::l
o
tIl
Agenda Item No.8
Page 7 of 23
~
~
....
Eo<
Eo<
~
::>J
~
i:l:
Eo<
rJ)
Z
....
....
=:It--
~rJ)g
~ ~ N~
....~~
rJ)::>Ji:l:
...:lEo<~
~rJ)=:l
~~::>J
~~~
j....>
r;..r;..0
002:
....rJ)r;..
Eo<UO
....E=rJ)
UrJ)-<
....
i:l:
~
Eo<
U
-<
i:l:
-<
=
U
...:l
-<
....
U
~
~
rJ)
~ ~I
00 00 00
000
000
S ~ ~
- N N
~ ~ ~
f'- 00 00 00 t-
88888
SS~~~
--00-
~~S=?j
<(
z
<(
z
<( <(
z z
..:
>. ~
..J ~
Z <(
o Z
o
<(
z
<(
z
~ ~ ~ <( <( ~ ~ ~ ~ ~
o 0 0 Z Zoo 0 0 0
~
(I) U
>< ~
<( 0
Q Z
<(
Z
<(
Z
<( <(
Z Z
on on on
tr) V) IT'l IT'l tr)
~
..J (I)
~ ~
<( E-<
..J <(
..J E-<
<( (I)
U
~€~ >.(1)>.
~ ~ ~ ~ c ~ .g ~
; ; ; g g ; ~ ;
&&& &0 &
- >,
~ :s
2 ~
<( ~
<(
Z
<(
Z
~ ~I
0)
:E
~
~
<(
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
0)
:E
~
'"
~
<(
E-<
~ Z
o ~
~ E-<
~ (I)
>< ~
E-< >
~
~
~
~
~
(I)
..J
o
o
~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
..:
~ ~
til ~
~ ::is
U SE
00 r- '"
on 0' (I)
U ~ ~
Q Q Q
>< >< ><
'" '" '"
'" '" '"
- - -
'" '" '"
\0 '" '"
E-< Q E-<
~ E-< ><
::is ::is ::is
>< >< ><
'" '" '"
'" '" '"
- -
'" '" '"
~
:;;::
..J
o
on
N
on
0\
0\
0\
0\
(I)
r- 0\ 0\ 0
<(><~~
<( ~ on ,
~ ..., ..J ><
~ ~ ~ '"
("i"') ('f"') M ('f"')
- - - -
f"") ('I") ('f') ('f')
:=
::l U U U U U
0
<) ..J ..J ..J ..J ..J
., <) ..J ..J ..J ..J ..J
<(
.:.i 0- "'" "'" .,; .,; .,;
...
"8 "8 os 0) 0) 0) 0) 0) 0)
::is 0) .s ">l ~ ~ <) <) <) <)
::l ::l ~ > oE ";; ";; ";;
~ ~ (I) ... ... ... ...
:= 1:! ~ l!l 0) l!l l!l 0) 0) 0) 0)
:= - (I) .s (I) .s (I) (I) (I)
'" ~ ... ~
0) ... 0 2 os := .:.i ~ ~ ~ :=
S S ::is E-< ~ 0) ... ... :i 0) :i 0) 0) 0)
'" '" ~ os S os os S S S S
Z 0) 0) ... ~ os ::is ::is ::is Q Q
> .5 ... 0 '" '" '" '" '"
.5 ::l 0 ~ 0) ~ ~ ... 0) 0) 0)
0 '" >< ..J > >, .5 >, > .5 .5
~ os .0 .5 .g .0 0) 0) .5
>, 0) ~ 0 0 c c
g g ... ~ G G G
~ E-< 0) 0 g ~ g ~ g g g
E-< 0) 0)
OJ) ~ Z ~ 0- os 0- g. tIl os (I) os os os
~ <( <( 0) .... ::l ~ ::l ~ ~ ~ ~ ~ ~
(I) ~ 0 ~ 0 0 0 os os
25 ~ ~ ... ... ... ~ ... ... i:." ~ OJ) ~ ~ ~
0) ~ 0) .~ 0 .~ .~ 0 ... 0 0 0
<) <) ~ ~ "S 0 "S 0 "S "S "S
0 0 0) os 0) D D D ::is ::is
..J ..J ~ ~ ~ ~ ~ ~ ~ ~ Agenda Item No.8
Page 8 of 23
0 g g g g 0 g 0 g
0 ~ ~
g g 0 0 0 g g g 0
Eo- 0 0 0 g
0 0 0 0 0 o. 0 0
00 ~ g 0 0 g ~ 0 ~ 0
0 ~ g. g. g
u o. O.
N 0\
'"
00 00 00 ..... 00 00 00 ..... ~
...:l ~ 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 <
...:l Eo- !:::' !:::' N !:::' !:::' !:::' N N Eo<
< < t::: or, t::: a;
or, 0 '2 0
U Q N N M -- M M
~ ~ ~ '" Eo<
0 0
0
Eo- ...:l ~ ~ ~ ~ ~ ~ ~ ~
Q ...:l ~ or, ~ g g 0 ~ 0
< (<) or, or,
...:l or, 00 ": ": "! "!
~ U ~ -.r or, or, or, or, or, or,
....
~
0 ~
Eo-
Eo- .... ~ ~ ~ ~ ~ ~ ~ ~
Q ~ 0 on g ~ g 0 ~ 0
~ '" (<) on on
...:l on 00 ~ on N "!
~ Eo- ~ ~ on on on on on on
.... <(
>- ::E
z
0 ~ ~ ~ ~ ~ ~ ~ ~
~ ~ on ~ ~ g 0 0 0
(<) on ~ on
~ t-- ~ ": ~ ": "! "!
= 0 -.r -.r on on on on on on
~ = U
0 N >-
Z ~ ~
= Eo-
~ ~ .... ~ 00 00 00 0 0 N N N
rJ:J. ~ ~ 0 0 0
~ Eo- 0 0 0 0 0 0 0 0
~ ~ ~ < !:::' !:::' N S S !:::' N N
Q Eo- on t::: or, t::: a;
~ ~ < Q N N ;0 5 5 --
~ ~ ~ 23 ;0
~ ::E 0 0 0 0 - -
~ == ~
~ U ~
< rJ:J. ~ 00 on or, on ..... ..... ..... ..... .....
~ > <( ~ 0 0 0 0 0 0 0 0
~ 0 0 0 0 0 0 0 0
0 == Eo- !:::' !:::' N !:::' !:::' !:::' N N
~ ~ u <( or, t::: on t::: a;
Z - N N '2 '2
0 < ~ Q 23 23 23 ;0 ;0 --
~ - 0 0 - - -
~ U ~ ~
~ 0 ~ 00 ..... (<) '" 0 '" (<) (<)
on CI '" ~ '" fo- a fo-
~ rJ:J. ~ ~ u ::r: ::r: or, <( ::J f0- X
U < ... = a a a ...l ...l ~ ~ ~
en
;J ~ x x x x x x x x
(<) (<) (<) (<) (<) (<) (<) (<)
u ;J ~ (<) (<) ~ (<) (<) ...., ~
z - -
(<) (<) (<) (<) (<) (<) (<) (<)
Eo-
~ Z
~
0 ::E t:Q ~ ~ t:Q t:Q t:Q t:Q t:Q
~ ...l ...l ...l ...l ...l ...l
Eo- ::r: ::r: ::r: ::r: ::r: ::r: ::r: ::r:
~ 00 ~ ~ ~ ~ ~ ~ ~ ~
>- ~
Eo- >
Z
....
~ ~ u u ~
...l ...l
...l ...l ...l ...l ...l
'" vi' ",' vi' vi'
0) 0) 0) 0) 0)
u u U u u u u
Z .E 'E .E 'E 'E 'E 'G
0 0) 0) 0) 0)
'" '" ~ '" u '" '" '"
...
.... 0) 'E 0) 'E .E 'E 'E 'E
Eo- -t: 0) -t: 0) ~. 0) 0) 0)
~ .. 13 .. 13 13 13 13
Eo- ~ '" ~ '" a '" '" '"
.. 0) .. 0) 0) 0) 0)
.... ;:- ;:- >. ;:- ;:- ;:-
Eo- ~ .E ~ .E 0) .E .E .E
00 0 0 -=
Z G u G u .. u u u
C c en c c ;j
.... p.. .. p.. .. .. ..
::l t:Q ::l t:Q c: t:Q t:Q t:Q
8 c: 0 c: .. c: c: c:
... ~
.~ 0 .~ 0 0 0 0
';3 ';3 0 ';3 ';3 ';3
U ::J U ::J ~ ::J ::J ::J Agenda Item NO.8
Page 9 of 23
CITY OF LAKE ELSINORE
SUMMARY OF POLICY LIMITATIONS
AS OF NOVEMBER 30, 2007
DESCRIPTION
U.S. Treasury Bills
CURRENT
PERCENTAGE
BASED ON MARKET VALUE
AS OF NOVEMBER 30, 2007
0.00%
MAXIMUM
PERCENTAGE
UNLIMITED
U.S. Treasury Notes
0.00%
UNLIMITED
Federal Agency Issues:
FICB
FFCB
FLB
FHLB
FNMA
FHLMC
0.00% UNLIMITED
0.00% UNLIMITED
0.00% UNLIMITED
29.61 % UNLIMITED
0.00% UNLIMITED
0.00% UNLIMITED
0.00% 40.00%
0.00% 25.00%
0.00% 30.00%
0.00% 15.00%
0.00% 30.00%
0.00% UNLIMITED
0.00% 20.00%
45.06% UNLIMITED
$ 16,786,548.72
25.33% UNLIMITED
$ 9,435,618.60
100.00%
83.88% no less than 25%
94.63%
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
Agenda Item No.8
Page 10 of 23
MONTH
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
October 2006
November 2006
December 2006
January 2007
February 2007
March 2007
April 2007
May 2007
June 2007
July 2007
August 2007
September 2007
October 2007
November 2007
AVERAGE
CITY OF LAKE ELSINORE
PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES
JULY 2005 THROUGH NOVEMBER 2007 (INCEPTION TO DATE)
FFCB
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
% OF PORTFOLIO BY AGENCY
FHLB FHLMC FNMA
0.00% 0.00% 0.00%
0.00% 3.33% 0.00%
6.23% 3.12% 0.00%
14.23% 2.85% 0.00%
18.82% 2.69% 0.00%
22.92% 2.86% 0.00%
20.74% 2.59% 0.00%
21.01 % 2.62% 0.00%
20.49% 2.55% 0.00%
20.59% 2.57% 0.00%
19.94% 2.49% 5.02%
24.91 % 1.91 % 3.85%
25.26% 1.93% 3.90%
28.57% 2.19% 4.41 %
26.17% 2.37% 4.77%
26.26% 2.38% 4.79%
24.69% 2.46% 0.00%
28.04% 2.54% 0.00%
27.59% 2.12% 0.00%
26.60% 2.21 % 0.00%
32.82% 4.68% 0.00%
30.05% 4.73% 0.00%
31.17% 4.80% 0.00%
36.37% 4.28% 0.00%
36.07% 4.25% 0.00%
41.34% 2.43% 0.00%
39.24% 0.00% 0.00%
31.02% 0.00% 0.00%
29.61 % 0.00% 0.00%
0.00% 24.51 %
2.52%
0.92%
TOTAL % OF
PORTFOLIO IN
FEDERAL AGENCIES
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%
27.15%
30.58%
29.71 %
28.81 %
37.50%
34.78%
35.97%
40.65%
40.32%
43.77%
39.24%
31.02%
29.61%
27.95%
Agenda Item No.8
Page 11 of 23
CITY OF .~
LAKE 6LSiNOR[:
\ ,
. DREAM EXTREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: INVESTMENT REPORT - DECEMBER 2007
Discussion
The Investment Report is a listing of all funds invested for the City as of the date shown
on the report.
Recommendation
Receive and file.
Prepared By:
James R. Riley ~
Finance Manager (/
Reviewed By:
Matt N. Presse~
Director of Adm~ive Services
Approved By:
Robert A. Brady,{) A?l
City Manager W
Agenda Item NO.8
Page 12 of 23
CITY OF LAKE ELSINORE
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF DECEMBER 31, 2007
BANK DEPOSITS OUTSTANG. BOOK
BALANCE IN TRANSIT CHECKS BALANCE
$2,233,727.92 4,668.33 (1,240,514.79) 997,881.46
215.00 215.00
14,652.12 (2,369.35) 12,282.77
2,248,595.04 4,668.33 (1,242,884.14) 1,010,379.23
ACTIVE ACCOUNTS
Bank of America - General
Reconciling Items
Bank of America - Payroll
Total Active Accounts
INVESTMENTS
Local Agency Investment Fund
Bank of New York-Trust Sweep Account
Federal Home Loan Mortgage Corp.
Federal Home Loan Bank
Federal National Mortgage Association
Sub-total Investments
15,186,548.72
10,540,347.48
15,186,548.72
10,540,347.48
10,000,000.00
10,000,000.00
35,726,896.20
35,726,896.20
Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (LAIF)
Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (Other)
Total Investments
( 12,160.00)
(37,337.00)
(49,497.00)
35,677 ,399.20
37,925,994.24
4,668.33
(1,242,884.14 )
(12,160.00)
(37,337.00)
(49,497.00)
35,677 ,399.20
36,687,778.43
Unrealized Gain! (Loss) at 6-30-07 per GASB 31 (Total)
Cashier Drawers #1 & #2
City of Lake Elsinore Petty Cash Fund
300.00
1,000.00
TOTAL POOLED CASH AND INVESTMENTS
$36,689,078.43
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 26, 2007. A copy of this policy is available in the office of the City Clerk. The
pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures.
Matt N. Presse
Director of Adminis
January 16, 2008
Date
Prepared by: J. Riley. Finance Manager
Agenda Item NO.8
Page 13 of 23
CITY OF LAKE ELSINORE
POOLED CASH AND INVESTMENTS BY FUND
AS OF DECEMBER 31, 2007
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
267 CFD 2006-1 Summerly
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 A1berhill 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 TR#31957
379 CFD 2007-X Marina Village
380 CFD 2006-9 Tuscany W
381 CFD 2006-10 River LK
382 CFD 2006-9 Trieste
383 CFD 2007-X Canyon Hills
384 CFD 2003-2 SRS 2006A
385 CFD 2004-3 SRS 2006A
386 CFD 2007-4 Mekenna
387 CFD 2007-5 Red Kite
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
652 CFD 2007-1 Law & Fire
Total Pooled Cash & Investments
AMOUNT
6,131,178.65
190,062.71
27,704.79
93,357.63
64,752.17
(942,415.50)
934,219.18
1,034,132.30
1,424,381.53
1,435,951.27
370,768.93
885,015.45
571,795.15
352,488.04
363,436.01
31,363.22
(901,426.38)
31,272.70
17,073.35
(255,762.08)
(205,098.69)
114,549.28
6,011,413.12
6,866,962.73
902,892.70
1,228,286.82
610,506.89
122,430.02
(94,047.50)
99,632.17
80,400.84
(1,570.00)
47,524.80
92,401.29
295,487.60
386,302.63
473,593.30
14,128.79
(318,703.83)
943,400.40
197,433.58
513,306.97
(544,802.16)
410,728.48
(53,150.63)
7,655.90
320,262.89
120,868.81
27,526.30
(17,913.84)
101,303.89
24,110.32
42,543.81
29,666.12
3,382.00
46,834.08
50,467.99
287.51
460.52
46,700.19
54,437.42
61,211.55
68,910.09
42,545.37
(20,453.75)
(5,850.00)
18,283.49
679,002.48
208,967.45
1,767,324.58
2,644.00
1,586,790.00
15.68
1,378,677.48
(3,485.56)
(8,587.91 )
1,130.85
36,689,078.43
Agenda Item NO.8
Page 14 of 23
CITY OF LAKE ELSINORE
INVESTMENT ACTIVITY SUMMARY
FOR THE MONTH ENDING DECEMBER 31, 2007
Total outstanding investments as of November 30,2007
PURCHASE MATURITY/
DATE CALL DATE
Investment Purchases:
Total Purchases
Investment Maturities:
Total Maturities
Investments Called:
FHLB 3133XL5W9 06/11/07
06/11/10
Total Calls
Net increase (decrease) in LAIF
Net increase (decrease) in Sweep Account
Total outstanding investments as of December 31, 2007
COUPON YIELD TO
RATE MATURITY
5.600%
5.600%
$ 37,222,167.32
COST
(1,000,000.00)
(1,000,000.00)
(1,600,000.00)
1,104,728.88
$ 35,726,896.20
Agenda Item No.8
Page 15 of 23
CITY OF LAKE ELSINORE
QUARTERLY INVESTMENT ACTIVITY SUMMARY
FOR THE QUARTER ENDING DECEMBER 31, 2007
Total outstanding investments as of September 30,2007
$ 38,242,907.77
Investment Purchases:
FHLB 3133XMUT6
FHLB 3133XMTD3
FHLB 3133XMXT3
PURCHASE
DATE
11/05/07
11/07/07
11/19/07
MATURITY/
CALL DATE
11/05/12
11/07/12
11/19/12
COUPON
RATE
5.250%
5.000%
5.250%
YIELD TO
MATURITY
5.250%
5.000%
5.250%
COST
1,000,000.00
1,000,000.00
2,000,000.00
Total Purchases
4,000,000.00
Investment Maturities:
Total Maturities
Investments Called:
FHLB 3133XJNJ3 01/23/07 10/23/07 5.500% 5.500% (1,000,000.00)
FHLB 3133XJHL5 01/26/07 10/26/07 5.500% 5.500% (1,000,000.00)
FHLB 3133XDT35 11/28/05 10/28/07 5.250% 5.250% (1,000,000.00)
FHLB 3133XDKV2 11/09/05 11/08/07 5.000% 5.000% (1,000,000.00)
FHLB 3133XKNW1 05/10/07 11/13/07 5.550% 5.550% (1,000,000.00)
FHLB 3133XK4R3 03/19/07 11/19/07 5.500% 5.500% (1,000,000.00)
FHLB 3133XCYK3 09/22/05 11/20/07 4.690% 4.690% (1,000,000.00)
FHLB 3133XJAS7 12/22/06 11/23/07 5.500% 5.500% (1,000,000.00)
FHLB 3133XL5W9 06/11/07 06/11/10 5.600% 5.600% (1,000,000.00)
Total Calls
Net increase (decrease) in LAIF
Net increase (decrease) in Sweep Account
Total outstanding investments as of December 31,2007
(9,000,000.00)
(2,888,476.80)
5,372,465.23
$ 35,726,896.20
Agenda Item No.8
Page 16 of 23
>-
E-- ~ 00 00 00 00 00 ::: N N ~
.... 8 0 0 0 0 0
llI:: E-- 0 0 0 0 0 0 0 i!:!
;;J < <I:: <I:: ~ ~ N N ~ ~ N N N co
E-- Q z z - 10 t:: 0; r- - ;n t:: ~ '"
- ~ N N N - 3 e E
< ~ s 0; iO iO -
.". - - ::l
~ 0 0 0 0 0 - - - e
co
Q)
'"
Q)
..c
00 00 00 00 00 00 00 E-
...:l ~ 0 0 0 0 0 0 0
0 0 0 Ii;
...:l E-- <I:: <I:: 0 0 0 <I:: < ~ ~ ~ 0
~ ~ N ~ ~
< < z z - 10 t:: z z - 10 r- S ~
U Q - N N - e e ~
~ ~ ~ iO N -
0 0 - ~
]"
~ ~
.,
tI:l 10 10 10 10 \0 r- r- r- r- ..:.:
< ~ 8 8 8 8 8 8 8 8 8 ....
co
== E-- < < S N N N N S N N N :;s
;n t:: 0; t:: ;n t:: 0;
U < z z - N N N N - 3 e - ;.,
llI:: Q S S S SJ SJ iO - ~
- -
;;J 0 - - - 0
:;s
rJ:J. =-- .; ;.,
~ c ....
::l ::l
..., '"
co
Z E--E-- "8 Q)
....
~ tI:l< r-- .... 00 8 0 8 8 8 8 \0 0 8 r- co E-
~ <:> "! 00 ~ \0 0 r- ..c "Cl
~Q 0 0 0 0 0 -0 g 0 -0 u Q)
<:> - .... 10 .... ~
M 10 .... 0 !:; ~ 8, 10 0 ::: 10 N co
llI::~ -- .... .". 00 N 10 10 N .". :;s ....
'" Q)
-< ~z .... ..c ..; N ..; 10 10 ..c r-' 00 ,.: ~ "Cl
E--llI:: ~ N 10 N N N N N N 10 ..: Q)
-- 10 N 0.. Q) ~
~ z< M "" ..c Q)
.... e .s
~ ~ l' ....~ Q) .s
= u
~ Q) .~
Z = N 00 ~ ~ 8 8 8 ~ 8 8 ~ 0
0
0 ~ N r-: '<l: N ..: "Cl
00 r- 8 8 ~ g 0 8 g 0 8 -0 Q) Q)
Z ~ ., E-- .". .". 0 0 ~ "Cl
0.. ::l
~ 10 .... 0 0 0 0 0 0 0 0 00 ]
~ tI:l ..c 0 ~ ~ ~ 0 ~ ~ ~ ~ g ..c Q)
rJ:J. ~ ~ 0 00 .". 8, N a
u - 10 r-, Q) Q)
..::l rJ:J. ~ .,; 8 N ell ....
- 10 Q) co
~ ~ ~ .... .... -d
"" co
~ '" Q)
= ....
~ .... a
.!:l
Z ~ 0 >- .... co
~ E-- co e
~ E-- ::l ....
-< ~ ;: !ll< !ll< !ll< !ll< !ll< !ll< !ll< !ll< !ll< !ll< !ll< <::1' 0
Q Q 0 0 ~ 10 ~ ~ 0 8 0 ~ 0 Q) "Cl
..::l U ;;J 00 .... 10 10 10 ..c
~ ...:l 00 "! "1 ~ "! "1 "! "! E- ..!:!
~ ~ E-- ~ .... .". .". 10 10 10 10 10 10 10 .~ -;;;
~ .... < u
Q >- ~ '" c
0 co Q)
..c Q)
rJ:J. ~ ;., ..c
~ ~ E-- ;:: '"
0 ~ .2
~ Z tI:l ..c
~ ~ !ll< !ll< !ll< !ll< !ll< !ll< !ll< !ll< !ll< !ll< !ll< co
::l u
~ ~ rJ:J. llI:: E-- 0 0 ~ 10 ~ ~ 0 8 0 ~ 0 <::1' :a
U -< ~ < 00 .... 10 10 10 co ~
~ 00 "! 10 00 "! "1 "! "!
E-- llI:: ~ .... ~ ~ 10 10 10 10 10 10 10 C '"
0 Q)
~ Z "Cl ::l
rJ:J. .... ~ E
.... ;.,
~ 00 co ~
Q)
~ 8 '" Q)
co OIl
N "Cl <
Z llI:: 00 r- .... r- 0.. ~ \0 .... ....
=-- 0 10 QI ell < >- E- o E- o .!:l ";;j
~ ~ 10 U ::I: ::I: < < :::> E- >< .... g ....
.... = ~ N ~ Q)
tI:l 10 0 0 0 ~ ..., ....:l :;s :;s :;s Q)
< c .~ "Cl
;;J ~ 0.. >< >< >< >< >< >< >< >< >< ::l Q)
0..
....:l 0.. .... .... .... .... .... .... .... .... .... ..., fi;" ~
u ;;J 0.. ~ .... ~ .... .... .... .... .... .... .9 c
ell - - ;;:: - - - - < 0
Z .... .... .... .... .... .... .... ....
r- d. "Cl
0 Q)
<:> "8 E
N co
....; ::l Q)
;., ~ -
E '"
"3 Q)
Q) ....
..., .~
.... ~
co
Q) Q) "8
., >- .s
..:.: .. co
....
"8 co ~ ;., ~
::l :;s li: u Q)
C ~
~ ;., Q) .;
E-- E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q) OIl '-
.s < o .~
'"
z Q) 0 co co co co co co co co co - co
S :;s ~ ~ ~ ~ ~ ~ ~ ~ ~ .... -;;; ~~
~ '" c c c c c c c c c ~ u
~ Q) ;., co co co co co co co co co .~ 0 -d;S
> .... 0 0 0 0 .3 0 0 0 .3 ....:l
::l
E-- .E '" ....:l ....:l ....:l ....:l ....:l ....:l ....:l ,.;j "Cl Q) ~ c
co < E .... 0
tI:l ;., Q) E E E E Q) E E Q) Q) .s i'l e
~ ~ ~ e e e Eo< ....
0 0 0 0 0 0 0 0 0 0 co .s '" co
;> Q) "Cl ::I: ::I: ::I: ::I: ::I: ::I: ::I: ::I: ::I: ~ "8 c
OIl Eo< -
Z < .!:l -;;; e '" ti Q) 0
.... co -;;; -;;; e -;;; ";;j -;;; ";;j Q) i!:! ~~
-;;; .... .... .... .... .... .... .... .... ....
Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) ~ ~
g "Cl "Cl "Cl "Cl "Cl "Cl "Cl "Cl "Cl "Cl .~ 0
Q) Q) Q) Q) Q) Q) Q) Q) Q) Q) o c Agenda Item No.8
....:l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Page 17 of 23
;;..
Eo<
;!
;l
Eo<
<
~
~
Or--
~=:g
O:JN
~~;;:
m;;..=:
..:l=~
r.:lm=
~~~
<r.:l~
..:l~~
~Eo<l:l
Om~
;;..~O
t::zm
U....<
t.:l
Z
....
~
z
<
Eo<
m
~
o
u
Cl
Q E-<
~ '"
;:J ~
l:o:: l:o::
U ~
~ ~
~
;:J Q
....:l Z
< ~ ~
;> 0 ;:I:
E-< '" E-<
~ < Z
~ 0
< ~
~
o
~ ~I
;;:
o ~
E-< ~
Q ;:J
....:l E-<
~ <
;;: ~
E-<
~ ~I
~
>-
~ ~I
~
~ ~I
~
~ ~I
;:J
~
l:o::
~ ~
Vi ~
;:J ::!:
u ~
~I
~~
;; ~
00 "!
.,; ,..,
~*
- 0
o 00
00 "!
.,; ,..,
~~
- 0
o 00
~ ~
.... ,..,
< <
Z Z
< <
Z Z
< <
Z Z
o
."
~ ~
:;;: 0-
....:l ~
0-
'"
E-<
Z
~
~
E-<
'"
~
;>
~
-
...
....:
..
-g oj
::I ~
~ >.
~ ;g
... 0
S ~
~ >.
.5 ~
oj
...
~
~
oj
..
...
"0
...
~
>.
~ g
o ~
~ <
~ 81]
N....:l
8 8
o 0
,.., 0
o 0
00 0
N
00
;:!;.
N
N 00
I- ....
00 r--:
.... ....
." ,..,
v:io
00 ....
- ."
~ ~
N 00
r--: ~
00 I-
.... ....
." ,..,
v:io
~ ;1;
~~
8
o
000
V') l.t"l ~
~ ~ ~
~('f')\O
,..,
o
00
N
00
;:!;.
N
~ ~ g:q ::: ~
('fj -.::to 00 r--: ('fj
f"1\O 00 t'--oo
...-.oooor-tn
~rx-SoOti
o
N
-0
a-
00
v:i
N
":
'"
N
~~888
~~~~~
\O('f')\C~r-
~88~8
O\~O.O.O.
- -
o
N
-0
0\
00
v:i
N
1-.
."
N
00000
ooo~o
gggs;180'
o 0 0 0
888 s;1.' s;1.'
~~~oo
- - -
~~~~~
~~~~~
~ ~ V') V) V')
~~~~~
~~~~~
oo:t ~ V') V') IT)
~~~~~
~~~~~
v ..... V') V') V')
tft.
....
=
N
I"-
00 00 00 00 00
88888
~~~~~
...-. V') r--- 0'\ r---
~~~~~
v v 00'\\0
00- 0 0
I"-
=
=
N
.S
Ql)
=
.;:
.a
"
E
00 00 00
888
~ ~ ~
." I-
~ ~ ~
.... .... ....
< <
z z
...
=
..
...
...
l.
V') V') V') V) \0
88888
~~~~~
- V') r--- 0'\ r-
-NNNN
~~~~S!
ool-l"ll-O\
"'0''''<>-
U ;:I: ;:I: < ~
ooo~><
~ ~ ~ ~ ,..,
~~::~~
('f') ('f') ('f') ('f') ('fj
i1 i1 i1 i1 i1
~ cu cu cu C'l:S
~~~~~
= = = = =
cu cd cd C'l:S C'l:S
jjjjj
e e e e e
o 0 0 0 0
;:I: ;:I: ;:I: ;:I: ;:I:
cu ca ca ca c;
~I~... ~ :u :u ~
= ~ai"3"3
N,~ ~ ~ ~ ~
8 8
vi 0
N ."
10 1-,
vi',..,
8
~
S
I-
....
r.:
....
N.
-
....
o
o
o
o
o
o
o
vi'
o
o
g
o
8
o.
."
tft.
=
=
~
....
oc
=
=
N
.S
Ql)
=
.;:
::I
'.;j
E
il
..
...
...
..
=-
i1
oj
~
=
oj
o
....:l
...
E
o
;:I:
sl~
N~
8
o
."
N
v:i
."
'"
."
."
O.
,..,
o
o
o
."
N
v:i
o
~
o
o
g
o
~
~
8
'"
."
~
8
."
."
~
8
'"
."
s
o
r::'
-
-
--
10
o
00
8
S
-
'"
o
8
s
-
'"
o
o
10
<
....:l
>::
,..,
:l
,..,
8
o
."
N
v:i
~ ~ ~
." I- 0
N ,.., ."
IO....N.
00
."
'"
."
."
o
'"
~ 8 8
v:i g ~
~ V') N
00- r-" s!
o
o
o
'"
N
v:i
o
~
~ ~ 8
V') r- 0
N ,.., ."
10 .... N.
8~o
o. o. 0
N
o
o
g
o
8
~
888
g g g
000
~~~
.. -: C'i
~~~
~ ~ ~
." ." ."
~~~
~ ~ ~
." ." ."
~~~
000
~ ~ ~
." ." ."
tft.
=
oc
N
N ~ ~
;; 0 0
~ ~ ~
3 3 S
- - -
=
....
=
N
.S
Ql)
=
.;:
i
E
00 00 00
880
N N ~
;n r::: 0\_
~ e
N - --
0--
...
=
..
...
...
l.
I- I- I-
888
N N N
;n r::: ?3
3 :s :::;
- - -
10 l"l ,..,
E-< Q E-<
;:J E-< >::
::!: ::!: ::!:
>:: >:: >::
,.., ,.., ,..,
~ ~ ~
,.., ,.., ,..,
i1 i1 i1
oj oj oj
~ ~ ~
= = =
oj oj oj
j j j
e e e
000
;:I: ;:I: ;:I:
sl~ ~ ~
N~~~
o 0
"1 "1
~ fa
,.., ."
~ ~
~
10 _
10 "
~ t-
0\ ~
r--: r-"'
N 00
N
~
o
'"
N
,..,
o
o
.;
o 0
o N
~ ~
8 ~
o 1-.
.; ."
,..,
~
tft.
~
....
....
N
....
0:>
N
.S
Ql)
=
.;:
:=
'.;j
E
il
..
...
...
..
=-
o
I-
00
."
....
'"
."
1-.
."
,..,
~
tft.
0:>
0:>
=
0:>
....
fl
...
s
.,
...
.5
~
:s
oj
!!.i
::I
o
'3
o
E-<
r.:
<;>
-
,..,
~
...
..
o
p.
...
l:o::
...
g
e
..
.s
..
...
~
~
:(
....:l
..
...
..
1il
oj
...
~
B
.$
'"
oj
'2
..
@
C;
U
"8
oj
c
...
E
B
.$
'"
>.
"0 _
g ~
gj ...
U ...
>. .,g
:s
=
o
~
-g
...
~ .,g
oj =
E' 0
o E
~ ~
., ....
::I 0
~ ~
~ ...
o :=
>- C;
~ >
... tl
Z ~
oj
8
....
o
i1
oj
~
...
::I
C;
;>
]
..
oj
::!:
..
.s
...
...
:;
o
'"
.,
.,
~
..
a
-5
.,
c;
50
...
~
.,
~
=
.;
Cl
~
-
~
~
8
v:i
00
l:o::
<
~
>-
z
s:
E-<
ti
Cl
z
~
;:J
E-<
<
~
o
::l
o
~
E-<
l:o::
o
~
~
o
~
"
<
E-<
Z
~
U
l:o::
~
~
~
o
....
.,;
0\
l:o::
<
~
>-
z
s:
E-<
ti
~
....:l
~
<
....:l
....:l
<
U
l:o::
o
Cl
z
~
;:J
E-<
<
~
o
::l
o
~
E-<
l:o::
o
~
~
o
~
"
<
E-<
Z
~
U
fil
~
8
g
o
~
00
~
'"
....:l
<
E-<
o
E-<
~
....:l
~
<
....:l
....:l
<
U
Agenda Item NO.8
Page 18 of 23
~
>0
Eo<
Eo<
Z
~
S
~=:.....
=:Eo<g
o ~ N~
Z.......
!:ij>o""
...;I=:iCll:
~~~
~~;
~~~
j~u
~Eo<~
O~Q
~~
>0>0
Eo<Z~
......<(
u~
~
Q
Z
<(
Eo<
~
Eo<
;;l
o
o
::l
~ 0
o ~
~ ~
o
i:l.
~
::> c:l
.....l Z
<( ~ ~
;> 0 ::z::
E-< CIl E-<
~ <( Z
~ 0
<( ::is
::is
E-<
~ ~I
2:;
>-
~ ~I
::is
~
~ ~I
::>
i:l.
~
i:l. ~
til ~
::> ::is
u ~
E-<
~ Z
o ~
~ E-<
i:l. CIl
>- ~
E-< ;>
2:;
~I
z
o
1=
::>
E-<
1=
CIl
2:;
'8 '8
& &
~ c:
.. ..
S S
"' "'
.. ..
;> ;>
~ ~
;>,
U U
C C
.. ..
<( ~
ca ca
u u
o 0
.....l .....l
'"
t-;
00
"""
on
..a
~
~
N
t-;
00
"""
on
..a
~
:d'
~
-
o
~
"""
<(
Z
<(
Z
~
:;;:
.....l
.....l
o
2
"Cl
C
=
~
...
=
..
E
...
"'
..
;>
=
....
>.
...
=
..
011
<(
'i
~
...:l
'i
C;
...
~
00
'<:!;
'"
"""
N
....
oci
"""
on
..a
00
.,.,
'"
t-;
00
"""
on
..a
00
-
~
]
....
<U
::is
~
o
::is
....
=
"'
<U
..
....
E-<
]
<U
....
..
"Cl
..
~
00
"""
r-:
"""
'"
o
"""
on
8
00
"""
r-:
"""
'"
o
"""
on
8
~
o
00
<'!
'"
<(
Z
<(
Z
o
on
N
on
0\
0\
0\
0\
CIl
i:l.
~
~
~
CIl
c:
=
o
u
u
<(
Q,
..
..
~
CIl
~
E-<
~
....
o
>-
~
..
Z
"'"
o
~
<U
~
~
00
"""
0;
'"
00
"""
r-:
"""
'"
o
"""
on
o
~ ~ 8 8 8 8 8 ~ 8
~ ~ ~ ~ ~ ~ ~ ~ ~
~ '" ~ ~ .... '" ~ """ N
~~~gg~~~g
~----:-:---"':-"'N
00
"""
r-:
"""
'"
o
"""
on
8
888888888
gs=igggg8gg
o 0 0 0 0 0 0 0 0
~~g~~~g~~
-"''-;''';''';''';''';''';''':M"'
~~~~~~~~~
~~~~~~~~~
~..j. l.t') l.t') an .,.; l.t') l.t') t,()
...
..
-"l
..
=
::g
>.
..
=
Q
::g
t'
=
lQ
..
..
...
"Cl
..
'i
....
..
"Cl
..
~
'i
C;
...
00 00 00 00
8888
S ~ ~ ~
~~23~
o 0 - 0
~~~~~
00000
~ S Si ~ ~
~~~~~
o 0 --
on on on
888
'" N N
-- -- --
- on ....
~ ~ ~
~ ~ ~
l.t') \0 r--- r--- r--- ......
888 888
MNNNNN
-.. -... -.. ........ ....... ........
0\ f--l.t')l' 0'\
N N ...... 0 0 -
-.. ........ ........ ........ ........ -..
NN\O---
--0---
00 .... '"
onO'CIl
u ::z:: ::z::
c:l c:l c:l
>< >< ><
'" '" '"
'" '" '"
- - -
'" '" '"
.... 0\ ~ ~ '" '"
<( >- <( ~ ~ !:;
~ e:: ...:l ::is ::is ::is
>< >< >< >< >< ><
('f') ('1') C"f') ('f') ('1') ("f')
~~~~~~
('f') ('f') M ('f') ("I"") ("f"')
~ ~ ~ ~ ~ ~ ~ ~ ~
::z:: ::z:: ~ ~ ::z:: ::z:: ::z:: ::z:: ::z::
~ ~ ~ ~ ~ ~ ~ ~ ~
U
.....l
.....l
~ ~ ~
...:l .....l .....l
~
<U
~
=
<U
o
.....l
..
8
o
::z::
";;j
....
..
"Cl
..
~
~ r.i ~ r.i
ll) (1) QJ C1)
'u" uUt)
~ 'E 13 13 'E 'E oE
QJ . Q,) QJ Q,)
~ ~ ~ ~ ~ ~ ~ ~ ~
5-l C1) ... ... .. .. QJ aJ IU
<U S <U <U ~ ~ S S S
::is "' ::is ::is c:l c:l "' "' "'
ca~c;-;~~~~~
~ ~ ~ ~ ~ ~ ~ ~ ~
6g66~~ggg
Q,<U Q,Q,CIlCll <U <U <U
= ~ = = c c ~ ~ ~
~ 5 ~ ~ ~ ~ g 5 5
O~OO:E:E~~~
~
"""
o
oci
'"
o
on
N
~
on
~.
'"
o
o
o 0
o '"
~ ~
8" ~
o .....
~ ~
-"l
=
=
=
=
=
Q
...:l
..
E
Q
==
'i
....
..
"Cl
..
~
'i
C;
...
o
t-;
00
on
""".
'"
on
....
on
'"
r-:
:!
'"
~
'i;j
....
o
Q,
..
~
..
g
<U
E
....
<E
....
..
i:l.
~
3
....
..
....
=
"'
<U
..
....
E-<
~
~
CIl
<U
'8
....
$
";;j
u
'8
<U
c:
~
..
a
CIl
;>,
"Cl
B
"'
=
u
;>,
~
o
::is
2
<U
e
o
U
~
..
s
"'
..
.s
gf
;g
<U
E
=
o
"3
o
E-<
-
"'
=
....
E-<
..:.:
...
o
>-
~
..
z
"'"
o
~
<U
~
;;
=
";;j
;>
~
<U
::is
...
<E
..
u
...
=
o
CIl
Agenda Item No.8
Page 19 of 23
f;Iil
~
>-
Eo<
Eo<
Z
f;Iil
~
;;J
Cl:
Eo<
00
Z
....
>-
f;Iil:~
~~~
25~~
oo~Cl:
...:lEo<f;Iil
f;Iiloo=
f;Iil~~
~Zf;lil
j....U
~~f;Iil
OOQ
~
>-~O
Eo<""OO
ut;<
;
f;Iil
Eo<
U
<
Cl:
<
==
U
...:l
<
....
U
f;Iil
~
00
~ ~I
Eo-<
~ Z
o ~
u:i Eo-<
t:L. en
>- u:i
Eo-< >
25
eo:
t:L. u:i
..... ~
en :E
::> ::>
u z
~ ~I
eo:
>. ~
....l ~
Z <:
o Z
o
u:i
en U
>- .....
<: Eo-<
Q ~
u:i
HI
u
z
o
E:
::>
Eo-<
E:
en
25
-g
::s
~
=
g
'"
<Ll
oS
g
<Ll
<:
c;;
u
o
....l
<:
z
<:
z
<:
z
<:
z
<Ll
~
'"
::s
:e'
<:
....l
o
~
~
:(
....l
-g
::s
~
=
g
'"
<Ll
>
.s
>.
g
<Ll
bl)
<:
c;;
g
....l
.,
..:.:
..
co
:E
g
o
:E
..
::s
'"
CO
<Ll
~
'"
~
CO
..
<Ll
'"
<Ll
~
<:
z
<:
z
<:
z
<:
z
<Ll
:0
lS
'"
::s
~
t:L.
u:i
u:i
~
en
o
on
'"
on
0\
0\
0\
0\
en
=
6
u
u
<:
0.
<Ll
<Ll
~
en
-
2
Eo-<
~
o
>-
~
<Ll
Z
....
o
~
co
~
00 00 00
000
~~~<:<:
-Vit:::ZZ
- '" '"
~ ~ ~
00 00 00 00
8 888
~ ~ ~ t"t
~ ~ ~ 0\
ICN--
o 0 ...... ......
= = = <: <: = = = =
o 0 0 Z zoo 0 0
on on on
<: <:
z z
111 an lr) tI')
f f f 8 8 .~ f
g,g,g, g g,
- >.
~ :s
8 =
<: ~
'" '" '" '" '" '" '" '" '"
~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~
00 ~ ~ ~ ~ 0 \0 ~ ~
ug~<:>-~~S~
Q Q Q ~ ~ ....l :E :E :E
x x x x x x x x x
~ ~ ~ ~ M M M M M
~~~~~~~~~
M M M M M M M M M
~
co
~
=
co
o
....l
~
~
c;;
..
<Ll
11
~
U
....l
....l
~
<Ll
~ oE
l!l ~
~ C!
.. <Ll
co E
:E '"
c;; <Ll
.g ]
G g
g- co
o ~
.. =
.~ .~
U ::>
u u U
....l ....l ....l
....l ....l ....l
~
<Ll
U
'>
..
<Ll
~ ~
- =
:i:ig
Q Q ::i
~ ~ oS
i3 i3
~ ~ ~ ~ ~
= = ~ ~ ~
:0 :0 i5 i5 i5
S S '2 '2 '2
:E :E ::> ::> ::>
J u
~ ~
~ ~ ~
.. ..
co co
:E :E
~ ";
.J::I .J::I
o 0
G G
g- g-
o 0
.. ..
.~ .~
u u
~ ~
<Ll <Ll
U U
'> '>
.. ..
<Ll <Ll
en en
C C
<Ll <Ll
E E
'" '"
<Ll <Ll
~ ]
Agenda Item No.8
Page 20 of 23
~ ~ 8 0 ~ 0 8 8
0 ~
E- 8 8 g g 8 8 g ~
0 0 0 0 0 0
tI.l ~ ~ ~ 0 ~ ~ ~ 0
0 8. 8
u N 00
~
00 00 00 00 00 00 00 ~
...:l ~ 0 0 0 0 0 0 0
0 0 0 0 0 0 0 -<
...:l E- ~ ~ N
~ ~ N r::: N Eo-
< < r::: on a;
on 0 e 0
u Q N N ;0 N -
~ ~ ~ ~ Eo-
0 0 -
0
E- ...:l t'< t'< t'< t'< t'< t'< t'<
Q ...:l ~ on 8 8 0 ~ 0
< '" on on
...:l on 00 ": <'! <'!
~ U -i -i .,.; on on on on
...
...
0 ...
E-
E- ... t'< t'< t'< t'< t'< t'< t'<
Q ~ ~ on ~ 8 0 ~ 0
;;J '" on on
...:l on 00 ": <'! <'!
~ E- '<T -i on on on on on
... <
... ~
Z
0 t'< t'< t'< t'< t'< t'< t'<
~ ~ on ~ 8 0 ~ 0
'" on on
~ ['. ;;J on ex: ": <'! <'!
0 0 -i '<T on on on on on
0 U
0 N ...
Z ~ ~ E-
~ ~ ... ~ 00 00 00 0 N N N
00- ~ ~ 0 0 0 0 -
;;;;J E- o 0 0 0 0 0
~ ~ ;;J < ~ ~ N S ~ N N
~ E- on r::: on r::: a;
~ Q N N e e
~ ~ < ~ ~ 23 ;0 -
~ ~ 0 0 0 - -
~ ==
~ U ~ ~
-< 00- ~ tI.l on on on ..... ..... ..... .....
~ U < ~ 0 0 0 0 0 0 0
~ 0 0 0 0 0 0 0
~ == E- ~ ~ N ~ ~ N ~
~ ~ U < on r::: on r::: a-,
~ N N ~ ~
0 -< ~ Q 23 23 23 ~ ~
""
;;J 0 -
~ U ~ ~
E-4 0 00 ..... M 0 "" M M
~ on CI VJ "" ,.. 0 ,..
~ 00- c:l. ~ u ::c: ::c: < ;:) ,.. x:
U -< - = 0 0 0 ...J ~ ~ ~
tI.l
;;J ~ x: x: x: x: x: x: x:
M ..... M ..... ..... M .....
U ;;J ::l ..... ::l '" ..... M .....
;z; -
..... ..... M M ..... ..... .....
E-
~ Z
~
0 ~ ~ ~ ~ ~ ~ ~ ~
fi: ...J ...J ...J ...J ...J ...J ...J
E- ::c: ::c: ::c: ::c: ::c: ::c: ::c:
tI.l ~ ~ ~ ~ ~ ~ ~
i>< ~
E- >
Z
...
~ ~ u U
...J ...J
...J ...J ...J ...J
",' '" '" '"
" " " "
cj <J cj <J <J <J
Z ..s oG ..s oE oE oE
0 '" " " "
!J VJ ... cj VJ VJ VJ
... " '.:= " ..s ... ... ...
E- ~ ~ <= <= <=
" ~. " " "
;;J '" .9 '" .9 ~ 13
E- ~ '" ~ 0 '" '"
.. " .. " " "
... > >. > > >
E- or> ..s or> " ..s ..s ..s
0 0 C
tI.l G <J G <J <J <J
Z !a ~ <= <= <=
... c:>.. go VJ '" '" '"
= ~ <= ~ ~ ~
g ,:: g '" ,:: ,:: ,::
.~ 0 .~ e!l 0 0 0
02 0 02 02 02
U ;:) U ~ ;:) ;:) ;:) Agenda Item No.8
Page 21 of 23
CITY OF LAKE ELSINORE
SUMMARY OF POLICY LIMITATIONS
AS OF DECEMBER 31, 2007
DESCRIPTION
U.S. Treasury Bills
CURRENT
PERCENTAGE
BASED ON MARKET VALUE
AS OF DECEMBER 31, 2007
0.00%
U.S. Treasury Notes
0.00%
Federal Agency Issues:
FICB
FFCB
FLB
FHLB
FNMA
FHLMC
0.00%
0.00%
0.00%
28.06%
0.00%
0.00%
Banker's Acceptances
0.00%
Certificates of Deposit
0.00%
Negotiable Certificates of Deposits
0.00%
Commercial Paper
0.00%
Medium Term Corporate Notes
0.00%
Repurchase Agreements
0.00%
Reverse Repurchase Agreements
0.00%
LAIF (Local Agency Investment Fund)
Current Balance
42.51%
Bank of New York - Trust Sweep Account
Current Balance
29.43%
TOTAL
100.00%
% of Portfolio Maturing within one year
% of Portfolio Maturing or Callable within one year
86.00%
94.40%
MAXIMUM
PERCENTAGE
UNLIMITED
UNLIMITED
UNLIMITED
UNLIMITED
UNLIMITED
UNLIMITED
UNLIMITED
UNLIMITED
40.00%
25.00%
30.00%
15.00%
30.00%
UNLIMITED
20.00%
UNLIMITED
$ 15,186,548.72
UNLIMITED
$ 10,540,347.48
no less than 25%
Agenda Item NO.8
Page 22 of 23
MONTH
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
October 2006
November 2006
December 2006
January 2007
February 2007
March 2007
April 2007
May 2007
June 2007
July 2007
August 2007
September 2007
October 2007
November 2007
December 2007
AVERAGE
CITY OF LAKE ELSINORE
PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES
JULY 2005 THROUGH DECEMBER 2007 (INCEPTION TO DATE)
FFCB
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
% OF PORTFOLIO BY AGENCY
FHLB FHLMC FNMA
0.00% 0.00% 0.00%
0.00% 3.33% 0.00%
6.23% 3.12% 0.00%
14.23% 2.85% 0.00%
18.82% 2.69% 0.00%
22.92% 2.86% 0.00%
20.74% 2.59% 0.00%
21.01 % 2.62% 0.00%
20.49% 2.55% 0.00%
20.59% 2.57% 0.00%
19.94% 2.49% 5.02%
24.91 % 1.91 % 3.85%
25.26% 1.93% 3.90%
28.57% 2.19% 4.41 %
26.17% 2.37% 4.77%
26.26% 2.38% 4.79%
24.69% 2.46% 0.00%
28.04% 2.54% 0.00%
27.59% 2.12% 0.00%
26.60% 2.21 % 0.00%
32.82% 4.68% 0.00%
30.05% 4.73% 0.00%
31.17% 4.80% 0.00%
36.37% 4.28% 0.00%
36.07% 4.25% 0.00%
41.34% 2.43% 0.00%
39.24% 0.00% 0.00%
31.02% 0.00% 0.00%
29.61 % 0.00% 0.00%
28.06% 0.00% 0.00%
0.00% 24.63%
2.43%
0.89%
TOTAL % OF
PORTFOLIO IN
FEDERAL AGENCIES
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%
27.15%
30.58%
29.71 %
28.81%
37.50%
34.78%
35.97%
40.65%
40.32%
43.77%
39.24%
31.02%
29.61%
28.06%
27.95%
Agenda Item No.8
Page 23 of 23
CITY OF .!'7~
LAKE ,6,LSiNORf
Y DREAM EXTREME",
TO:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: CLAIM AGAINST THE CITY
Backaround
Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren
& Company, Claims Administrators. When received, each claim is logged in the City
Clerk's Office and forwarded to this company for investigation. After initial review and
investigation, direction is issued to the City to take one of several actions such as
rejection, notification of late claim or reservation of action until further information is
obtained.
Discussion
The following claim has been recommended for rejection by Carl Warren & Company:
CL# 2007-16 - Mary Ann Gorski
Fiscal Impact
None. .
Recommendation
Reject the claim listed above and direct the City Clerk's Office to send a letter informing
the claimant of the decision.
Agenda Item NO.9
Page 1 of 6
Claim Against the City
January 22, 2008
Page 2
Prepared by:
Jessica Guzma~ "
Office specialist~
Vivian Munso~
City Clerk
Robert A. Brady(] fb
City Manager I~
Reviewed by:
Approved by:
Agenda Item No.9
Page 2 of 6
rI
January 7, 2008
RECEIVED
JAN 1 4 2008
TO: The City of Lake Elsinore
CITY CLERKS OFFICE
ATTENTION: Jessica Guzman, Office Specialist
RE: Claim
Gorski, Mary Ann vs. City of Lake Elsinore
Claimant
D/Event
Rec'd Y /Office
Our File
Mary An Gorski
9-26-07
11-7-07
1465193-RWQ
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. See Copy of my rejection letter of 1-4-08 is
enclosed.
cc: CJPIA
Attn: John Bolin
CARL WARREN & CO.
CLAIMS MANAGEMENT.CLAIMS ADJUSTERS
770 S. Placentia Ave., Placentia, CA 92870
Mail: P.O. Box25180.SantaAna,Ca 92799-5180
Phone: (714) 572-5200 . (800) 572-6900. Fax: (714) 961-8131
Agenda Item No.9
Page 3 of 6
~,
CITYOFA .
LAKE ,6,LSiNORf:
~ DREAM EXTREME
November 7, 2007
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 November 7,
2007 from Mary Gorski (CL #2007-16). Please keep me advised
of appropriate City Council Action.
For further assistance, please contact me at (951) 674-3124 ext.
269.
-~~..~,."......-----,~...~."",..".......
Sincerely,
Enclosure
cc: City Manager
951.674.3124
130 S. MAIN STREET
LAKE ElSINORE. CA 92530
WWW.lAKE-ElSINORE.ORG
Agenda Item NO.9
Page 4 of 6
~
/_.,
CITY OF ~
LAKE ,5LSiNORB
~ DREAM E;(TREME",
CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For Damages to Persons or Personal Property)
ReceiV~---?-
.. I ntative.
A claim must be filed with the City Clerk of the City of lake Elsinore within
six (6) months after the incident or event occurrl;!d. 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,
CA 92530. .
Titt~l~~fvVEb
NOV 0 7 2007
CITY CLERKS OFFICE
The undersigned respectfully submits the foHowing claim and information relative to damage to persons and/or
personal property:
1. Name of Claimant /J? /f-,4.f /9tV,.I/ 6:"~A/'
a. Address of Claimant:
b. Phone No.~
c. Date of Birth
d. Social Security No.
e. Drivers Lie. No. ./l...J //9-
2. Name, post office address and telephone to which claimant desires. notices to be sent, if other than.
the above: "\~p1e 06 ,A-b("I/P
3. Occurrence or event from which this claim arises:
a. Date: 9/.;2 ? I d1. 6J 0.7 b. Time: / LJ ; CJt:) /9-~ $r
; .
c. Place (Exact and specific location) Ala,erb sld~ .f2 &;"1 _, u ~ u"'~. ~t" .
-5!df J (fa/I<: Ab'-f#;~~.v / ~-~/1M~IP9 CA)/:~;~~~~ AJ~_.
d. How many and under what circumstances did damage or injury occur? Specify the particular
occurrences, event, act or omission you claim caused the injury or damage (use additional
pa~er if necessary). 7J>f'fr~~ AI EJ W-e ,/:/'7. .{1~ W/9 IA:; -f".e..~f~ ~~
/A/ b/f/71'!'.J!Oj hof<!; Aa?7eR ?::X~ w:;:; fi:;;;;;~'i
d,PM~/l1q9Rd /(p!-;h~i~p c~jO-__~X ___A.____'
e. What particular action by the City of its employees, caused the alleged damage or injury?
.(3/1,' lit rlJ[y\(Jl"nJ-fOJ;,JSA r~ Jld rAjaL kg .
Agenda Item No.9
Page 5 of 6
.------
4. Were there any injuries at the time of this accident? If not, state "No Injuries."
Ye<{
5. Give the name(s) ofthe public employee(s) causing the injury, damage, or loss, if known.
A)(5AJe/
6. Name and address of any person injured:
7. Name and address of the owner of any damaged property:
(];'rr /J F L-oK~ E/S'//U~~e/
8. Damages claimed:
a. Amount claimed as of this date:
b. Estimated amount of future costs:
c. Total amount claimed:
$
$
$ v,/V)r /"'" a.L.v~
d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.):
/9.C 17 P y'(? f I-LJ he clf"/-~ e ff1/:Ved
9. Names and addresses of all witnesses, hospital, doctors, etc:
a. :J?e <;' ;'~ If?( M ~// Y' ;e.
b. /CQ #C~C;/ Sf /2./'v-ps E//;J~,e ~~/V'a..v
c. f( t!./{J me rv1 (/~f-AJ t!'J 1./ t2I II e)/ (~/2/-17 CJ,'oL" di c:., )
10. Any additional information that might be helpful in considering this claim:
~hl/e v- /!4-,Y-S avdf~~1ttJt> tif~(;
IltJ;;/~(" L).p /o/;ph/('-
Warning: It is a criminal offense to file a false claim! (Penal Code 7211nsurance 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 knowledge, "except as to those matters state upon informationor belief as bsuch matters, J believe
the same to be true. I certify under penalty of perjury that the foregoing is true and correct.
~~~~ ~-AA'~
Claimant's Signature
/~kJ~~.a7
Date
Agenda Item No.9
Page 6 of 6
CITY OF ~
LA~ ,6,LSiNORf
~ DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: SIDEWALK CONSTRUCTION, VARIOUS LOCATIONS- NOTICE OF
COMPLETION
Backaround
Many areas in older parts of the City do not have sidewalks for pedestrian use. In the
2007/08 CIP, the City Council approved funding from 8B-821, Community Development
Block Grants (CDBG) and Traffic Impact Fees to construct approximately thirty-five
thousand square feet of sidewalks in these areas. Total amount of $730,000 was
approved for this project. The project was completed in December 8, 200~ in
accordance with plans and specifications.
Discussion
On July 24, 2007, the project was awarded to the firm, E.G.N. Construction Inc. for
$627,095. The work included the installation of sidewalks, curbs and gutters and minor
road work in accordance with approved plans. On October 9, 200~ City Council
approved additional funding from CDBG in the amount of $161,199. These funds
replaced City funding (In Lieu Fee= $95,412 and TIF= $65,787) previously approved for
this project.
Fiscal Impact
The total budget approved for this project including engineering, construction surveys,
inspection, contingency, soil testing and project administration was $730,000. In
addition to the approved contract amount of $627,095, City Council approved Change
Order No. 1 in the amount of $58,041 for additional sidewalk construction. The new
construction cost amount was $685,136. Project costs are as follows:
Agenda Item No. 10
Page 1 of 4
Sidewalk Construction
January 22, 2008
Page 2
PROJECTTOTAL =
$16,500
$685,136
$11,785
$11.629
$725,050
Engineering =
Construction =
Surveys =
Inspection & Admin =
The project was completed under budgeted funds.
Recommendations
1. Authorize the Mayor to execute the Notice of Completion.
2. Have the City Clerk file the document for recordation.
Prepared by:
David S. Solomon
Project Engineer
Ken A. Seumalo #
Director of Public Works
Robert A. Brady f2~
City Manager Py
Approved by:
Agenda Item No. 10
Page 2 of 4
SHEET 5
KEY MAP
_." .h .__. "V'. _ _.,"" .', '. .'_ ...."._'m.",~...... .,.
NO SCALE
SHEET 11
ClQ
~Q
~
~
~
SHEET Z
SHEET 10
CITY OF LAKE ELSINORE
VICINITY MAP
Agenda Item No. 10
Page 3 of 4
..
,....- RECORDING REQUESTED BY .
City Clerk
City of Lake Elsinore
AND WHEN RECORDED MAIL TO
City of Lake Elsinore
(Name)
130 S. Main Street
(Street Address)
Lake Elsinore, CA 92530
(City, State and Zip)
Sidewalk Project
NOTICE.
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER of the interest or e
2. The FULL NAME of the undersigned is City
3. The FULL ADDRESS of the undersigned is 1
4. The NATURE OF THE INTEREST or ESTATE of
Road Right-of-Way
(If Other Than Fee. Strike "In Fee" and Ins
5. The FULL NAMES and FULL ADDRESSES of A
the undersigned as CO-OWNERS are:
NAMES
City of Lake Elsinore
N/A
N/A
6. The full names and full addresses of the predec
subsequent to the commencement of the work
NAMES
N/A
N/A
N/A
7. A work of improvement on the property hereinaf
8. The NAME OF THE ORIGINAL CONTRACTOR, i
E.G.N. Construction Inc.
(If
9. The street address of said property is sever
10. The property on which said work of improvemen
County of Riverside
V
I, the undersigned, say:
I am, the Public Works Director
("
owner of the aforesaid interest in the property describ
I have read the foregoing notice and know the cont
I declare under penalty of perjury under the Laws 0
Executed on
,C
(Place Where Signed)
'.
'f'
.....
FO
EllIll FORM 288
SPACE ABOVE THIS LINE FOR RECORDER'S USE
OF COMPLETION
state below in the property hereinafter described.
of Lake Elsinore
30 S. Main Street Lake Elsinore, CA 92530
the undersigned is: In fee.
ert, For Example, "Purchaser Under Contract of Purchase," or "Lessee,")
LL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with
ADDRESS
130 S. Main Street, Lake Elsinore
essors in interest of the undersigned, if the property was transferred
or improvement herein referred to:
ADDRESS
ter described was COMPLETED.on (date) 12-7-2007
f any, for such'work of improvement is
~ CQ[1tractor, Insert "None")
a.L .Locations.
t was completed is in the City of Lake Elsinore
, State of California, and is described as follows:
(Signature of Owner Named in Paragraph 2)
ERIFICATION
Daryl Hickman, Mayor
PreSIdent of", "Partner of", "Agent of", etc,)
ed above;
ents thereof, and the facts stated therein are true of my own knowledge.
f the State of California that the foregoing is true and correct.
,20_at City of Lake Elsinore
alifornia.
K A S (PeQlonal Signature)
en . euma.lO
A [!JIll. BUILDING NEWS FORJIl.
RM 288 . C1996
CITY OF ~~
LAKJ: ,6,LSiNORJ;
Y DREAM E;(TREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22,2008
SUBJECT: CONSTRUCTION AWARD FOR SUNSWEPT DRIVE, DIJON STREET
IMPROVEMENTS
Backaround
Fiscal Year 2007/08 Capital Improvement Program includes funds for improvements at
these two locations: Sunswept Drive at Lincoln Street and Dijon Street at Washington
Avenue. Sunswept Drive connection was originally constructed as an emergency
access but is regularly used as a civilian access. Staff has determined that there is a
need to improve the access to City Standard width. Dijon Street is currently a one-way
connector between Washington and Versailles Streets. Staff has received complaints
that the roadway is being used as a two way access. After review of the area
circulation, Staff determined the safest alternative is to improve Dijon Street to a two
lane connector. The plans were prepared to have both roads widened to two lanes, one
lane in each direction.
Discussion
On January 14th at 11 :00 a.m., the City received thirteen bids from qualified contractors
to make improvements on Sunswept Drive and Dijon Street. The bids were as follows:
1. NPG Corporation
2. Wheeler Paving Inc.
3. Hardy & Harper Inc.
4. Palm Canyon Contractors Inc.
5. Grand Pacific Contractors Inc.
6. EGN Construction Inc.
7. Elite Bobcat Inc.
8. All American Asphalt
9. REC Roadway Engineering
10. Hillcrest Contracting
$62,226.00
$62,672.00
$66,000.00
$66,313.00
$67,643.00
$69,985.80
$69,999.00
$74,096.00
$78,476.50
$86,093.00
Agenda Item No. 11
Page 1 of 3
Sunswept/Dijon Award
January 22, 2008
Page 2
11. Imperial Pacing Company Inc.
12. R.J. Noble Company
13. Sean Malek Engineering
$89,411.00
$95,978.45
$113,520.00
The Engineer's estimate for this project was $57,000.
Fiscal Impact
Fiscal Year 2007/08 Capital Improvement Program budget included $70,000 for this
project. Total project costs including design, soil testing, construction, contingency and
inspection total $75,000. Budgeted funding for this project of $70,000 is from Fund No.
605, Cash-in-Lieu of Construction. An additional amount of $5,000 is requested to
supplement the existing project funds due to higher contractor's bid.
Recommendations
1. Award the Sunswept Drive and Dijon Road Improvements to NPG Corporation
for the amount of $62,226.
2. Authorize the transfer of $5,000 from Fund No. 605 Cash-In-Lieu Construction to
this project.
3. Authorize the Mayor to execute the contract with NPG Corporation.
Prepared by:
David S. Solomon
Project Engineer
Ken A. Seumalo ~
Director of Public Works
Robert A. BradY~~
City Manager
Approved by:
Attachment: Vicinity Map
Agenda Item No. 11
Page 2 of 3
VICINITY MAP
SUNSWEPT DRIVE/DIJON STREET
STREET IMPROVEMENTS
~..
Qi
~I
.' ~\/
MESQ..,'
. ...~.""'-. 1"
,tc..':.~CKER CA YON P A vfj\l~f.
..w,.~ww,::&- w A'........ ..,
, .4'<> .'
~
~ VERSAILLES ST
~
u9? RRITZ ST
· · · · · · · .1{~'F~..a....~. . <;"'f:
" "~
'\. . :?...p. "
II ...~
A!<2I'!x:.r CJ II:'" E ~
. .,~.:y.~/I}(.. DJ3 ..... / ". ~
I ,~
i. ~O
. ,'.......Ji\:q
4'0 .
~~/I .
:;/ o.,?- .
.
CITY COUNCIL
Agenda Item No. 11
Page 3 of 3
CITY OF ~
LAIQ: ,6,LSi110RJ;
~ DREAM EXTREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: PURCHASE OF LIGHT DUTY PICKUP TRUCKS
Backaround
The Fiscal Year 2007/2008 budget provides funding for the replacement of four light
duty pickup trucks. The new vehicles will replace older vehicles currently being used
daily by field operation staff. The older vehicles will be placed into our pool vehicle fleet
for two years before they are discarded at auction. Below is a breakdown of the vehicle
replacement plan for these new vehicles:
City Division Description Replaces
Streets New 1/2 ton 4x4 Pickup 1989 Chevy S10 Pickup Truck
Truck vehicle # 508
Weed New 1/2 ton 4x4 Pickup 1989 Chevy S10 Pickup Truck
Abatement Truck vehicle # 303
Lake New 3/4 ton 4x4 Pickup 1988 Chevy S10 Pickup Truck
o erations Truck vehicle # 307
Mechanic New 3/4 ton 4x4 Pickup 1989 Chevy S10 Pickup Truck
Shop Truck vehicle # 302
Discussion
Each year, staff requests funding for the replacement of vehicles based on a set of
guidelines. The replacement guidelines call for vehicle replacement when a vehicle has
either surpassed ten years of service life or has exceeded 100,000 miles. Based on
these guidelines, there are four light duty vehicles that staff would like to replace this
year.
Therefore, Staff solicited for bids for the purchase of two full size % ton 4x4 pickup
trucks and two full size % ton 4x4 pickup trucks. Staff received one bid from Lake
Chevrolet in Lake Elsinore.
Agenda Item No. 12
Page 1 of 2
Purchase Of Light Duty Pickup Trucks
January 22, 2008
Page 2
Fiscal Impact
The cost with all tax, license, and related fees included for four pickup trucks totals
$110,075.74. The itemized cost breakdown is as follows:
Item Quantity Description Cost Each Total Cost
Number
1 2 1/2 ton 4 wheel drive pickup $27,050.76 $54,101.52
truck
2 2 3/4 ton 4 wheel drive pickup $27,987.11 $55,974.22
truck
Total Cost $110,075.74
Recommendation
Approve the purchase of four pickup trucks as described in this report for a total amount
of $110,075.74.
Prepared by:
Ken Seumalo ~,
Director of Public Works
Robert A. Brady(} ri!:
City Manager /@JI
Approved by:
Agenda Item No. 12
Page 2 of 2
CITY OF ~
LAKE ,&LSiI10Rf
~...@ DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22,2008
SUBJECT: SOUTHWEST COMMUNITIES FINANCING AUTHORITY SECOND
AMENDED AND RESTATED JOINT POWERS AGREEMENT
Backqround
On December 28, 2004, the City Council approved a Joint Powers Agreement (JPA)
between the County of Riverside and the cities of Lake Elsinore, Canyon Lake, Murrieta
and Temecula, forming the Southwest Communities Financing Authority (SCFA) for the
purpose of constructing an animal shelter in the southwest portion of Riverside County
(Wildomar).
Discussion
As part of the project approval process, the Environmental Assessment (EA) document
was sent to the State Clearinghouse for a thirty day public comment period. After the
public comment period, a SCFA Board meeting will be held to approve the EA and to
obtain authorization to bid the project. Once the bid process and the sale of bonds are
complete, the SCFA Board will meet in May to award the contract to begin construction.
To proceed with the authorization to bid, County Counsel has provided a needed
amendment to the JPA that all cities and the County must approve before the SCFA can
authorize going to bid. The amendment to the Agreement adds Section 19(9) which
serves to make the contract bid procedures. The county must legally follow applicable
as well to the SCFA.
19(9) Government Code Section 6509 Designation. The laws of the State of
California applicable to the COUNTY, as a general law county, shall govern the SCFA in
the manner of exercising its powers, subject, however, to such restrictions as are
applicable to said county in the manner of exercising such powers, as required by
California Government Code Section 6509.
Agenda Item No. 13
Page 1 of 20
Report to City Council
January 22, 2008
Page 2
This amendment is necessary because the Riverside County Department of Facilities
Management will be acting as the project manager for construction of the SCFA's
animal shelter facility, which will include handling of the bidding process for the project.
The amendment also includes minor house-keeping changes and corrections.
Fiscal Impact
No fiscal impact.
Recommendation
Approve the attached Second Amen~and Restated Joint Powers Agreement.
C
Prepared by: Ray Gonzales
Director of Parks an Recreation
Approved by:
Robert A. Brady () it
City Manager ~
Attachments: Second Amended and Restated Joint Powers Agreement
Agenda Item No. 13
Page 2 of 20
SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF RIVERSIDE AND
THE CITY OF CANYON LAKE;
THE CITY OF LAKE ELSINORE;
THE CITY OF MURRIETA; AND
THE CITY OF TEMECULA;
CREATING THE
SOUTHWEST COMMUNITIES FINANCING AUTHORITY
(Animal Shelter)
This second amended and restated Joint Powers Agreement, is made and entered into this _ day
of
2008, by and between the County of Riverside (hereafter referred to as "COUNTY"),
and the City of Canyon Lake ("Canyon Lake"); City of Lake Elsinore ("Lake Elsinore"); City of Murrieta
("Murrieta"); and City of Temecula ("Temecula"), collectively the "Cities" each body being a body
corporate and politic of the State of California, or public entities or agencies of the State of California;
RECITALS:
WHEREAS, COUNTY and Canyon Lake; Lake Elsinore; Murrieta; and Temecula have mutual
interests in joining together to develop within the geographic area common to all parties, a plan or
program to construct and operate an animal shelter located within the geographic boundaries as attached
hereto in Attachment A, in compliance with State laws and regulations; and
WHEREAS, it is the interest and desire of the parties to enter into a Joint Powers Agreement to
establish SCF A as a public entity, separate and apart from the parties hereto, as hereinafter described and
set forth, which entity shall then set about the task of accomplishing the purpose of this Joint Powers
Agreement in a manner most capable of promoting the greatest public good and welfare; and
WHEREAS, the parties hereto are each empowered by law to provide for the animal shelter needs
to eligible residents of each entities either directly, or by contract or similar arrangement;
NOW, THEREFORE, in consideration of the above recitals, of the mutual promises and
agreements herein contained and for other valuable consideration, the parties hereto agree as follows:
1
Agenda Item No. 13
Page 3 of 20
SECTION 1. PURPOSE
This Joint Powers Agreement (hereinafter referred to as "Agreement") is made pursuant to the
provisions of Article 1, Chapter 5, Division 7 of Title 1 (commencing with Section 6500) of the
Government Code of the State of California, (hereinafter referred to as the "Act") for the express purpose
of constructing, and housing animals, also known as operating an animal shelter, to serve residents of the
parties hereof. It is the intent of this Agreement that none of the decisions regarding field service
boundaries or levels of service for animal control for each of the member entities shall be affected by the
creation of this JP A, or by membership in this JP A.
The purpose of this Agreement shall be accomplished and the common powers of the parties
hereto exercised in the manner hereinafter set forth.
SECTION 2. CREATION OF AUTHORITY
Pursuant to the Act, there is hereby created a public entity to be known as the Southwest
Communities Financing Authority ("SCF A"). SCF A shall be a public entity, separate and apart from the
parties hereto, and as provided by law and not otherwise prohibited by this Agreement, shall be
empowered to take such actions as may be necessary or desirable to implement and carry out the purpose
of this Agreement.
SECTION 3. TERM
This Agreement shall become effective as of the date hereof and shall continue in full force and
effect until terminated as provided in Section 4. below.
2
Agenda Item No. 13
Page 4 of 20
SECTION 4. TERMINATION AND AMENDMENTS
(a) The parties hereto may amend this Agreement by mutual written consent.
(b) The parties hereto may terminate their participation in the Joint Powers Authority, and this
Agreement as provided herein.
(c) If SCF A has incurred no obligations each party may terminate this Agreement by giving not
less than sixty (60) days written notice thereof to the all other parties.
(d) If SCF A has acquired any indebtedness, fiscal obligation, and/or any property, each party
hereto may terminate this Agreement by giving twelve (12) months written notice thereof to all other
parties subject to the provisions of Sections 4(e) and 4(f) herein.
(e) This Agreement cannot be terminated until all forms of indebtedness, and/or fiscal obligation
incurred by SCF A have been paid, or adequate provision for such payment shall have been made.
(f) In the event the Agreement is terminated, any property acquired by SCFA from the effective
date of this Agreement, including but not limited to money, shall be divided and distributed between the
parties in proportion to the contributions made, including contributions made as provided in Section 10
below, unless otherwise required by law.
SECTION 5. POWERS AND DUTIES OF SCFA
SCF A shall have the powers common to the parties to this Agreement to:
(a) Exercise those powers enumerated in the Act as the same as now exists or as may hereinafter
be amended:
(b) Do all acts necessary or convenient to the exercise of the foregoing and to accomplish the
purposes of this Agreement, including but not necessarily limited to the following:
3
Agenda Item No. 13
Page 5 of 20
(1) to make and execute all contracts, agreements, and documents including, without
limitation, agreements with any of the parties to this Agreement, other local governments, agencies or
departments, the State of California, the United States of America, or agencies thereof, or any entity,
person or corporation of any kind or nature whatever;
(2) to employ agents, servants and employees;
(3) to acquire, hold and dispose of property, both real and personal;
(4) to acquire, construct, maintain, manage, operate and lease buildings, works and
improvements;
(5) to accept gifts;
(6) to sue and be sued in its own name;
(7) to apply for and receive any available federal, State and/or local grants;
(8) to employ legal counsel;
(9) to employ consultants;
(10) to adopt a budget;
(11) to incur debts, liabilities and obligations;
(12) to establish a treasury for the deposit and disbursement of funds and monies,
according to the policies and procedures set forth in this Agreement;
(13) to invest any money held in the treasury that is not required for immediate necessities
of SCF A, as SCF A determines is advisable, in the same manner and upon the same conditions as local
agencies pursuant to Section 52601 of the California Government Code.
(14) to issue bonds and other evidences of indebtedness for the construction of an animal
shelter, and the consent of the Governing Board of each member to participation in this Joint Powers
Authority shall be deemed consent for the issuance of bonds by SCF A, as required under California
Government Code Sections 6500 et seq.
4 Agenda Item No. 13
Page 6 of 20
The listing of the above acts is not intended to indicate any priority of one act over another. Nor is
such listing intended to be inclusive, and other acts may be done in the accomplishment of the purposes of
this Agreement as are authorized. One or several acts may take place concurrently or in sequence.
SECTION 6. CREATION OF THE BOARD OF DIRECTORS
(a) Creation of the Board of Directors. In order to effectuate the purposes of this Agreement as
set forth herein, SCF A shall be governed by a Board of Directors (hereinafter called the "Board"), and all
of the powers of SCF A shall be exercised by the Board.
(b) Membership. The Board shall be composed of the following members:
(1) One (1) member of the Board of Supervisors of Riverside County;
(2) One (1) member of the City Council of the City of Canyon Lake;
(3) One (1) member ofthe City Council of the City of Lake Elsinore;
(4) One (1) member of the City Council of the City of Murrieta;
(5) One (1) member of the City Council of the City of Temecula.
(c) Designation of Members. Members shall serve on the Board during the term for which they
are a member of the Board of Supervisors, or a member of the City Council from which they are
appointed. A member's position on the Board shall automatically terminate if the term of the elected
public office of such member is terminated.
(d) Reimbursement. The Board may provide for reimbursement of reasonable expenses incurred
in connection with a member's service on the Board.
(e) Quorum and Transaction of Business. Three (3) members of the Board shall constitute a
quorum. A vote of three (3) of the members present shall be required to take action, except for
5
Agenda Item No. 13
Page 7 of 20
adjournment of a meeting which shall require only a majority of those present. No proxy or absentee
voting shall be permitted.
(f) Meetings. The Board shall establish the time and place for its regular and special meetings.
The dates, hour and location of regular meetings shall be fixed by formal action of the Board. The Board
shall hold at least one (1) regular meeting every calendar year. Special meetings and adjourned meetings
may be held as required or permitted by applicable law.
(g) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular,
special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the
provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government
Code) .
(h) Rules. The Board may adopt, from time to time, such rules and regulations for the conduct of
its meetings and activities as it may deem necessary. In the absence of specific rules for SCF A meetings,
the rules of the Board of Supervisors shall be applicable for the conduct of meetings of SCF A.
SECTION 7. FISCAL OBLIGATIONS OF THE PARTIES
It is the intent of the parties as members of SCF A that the following fiscal obligations shall be
agreed upon for all parties to this Agreement:
( a) Debt repayment of any bonds issued by SCF A - shall be paid by each party based on the
percentage of animals housed at the facility, on an annual basis.
(b) Administration costs of the SCFA - includes, but not limited to the following items: stipends,
legal fees, audit, costs, administrative fee, mileage reimbursement - shall be borne equally by each party.
(c) Operation of animal shelter - shall be paid by each party based on the percentage of animals
housed at the facility, on an annual basis.
6
Agenda Item No. 13
Page 8 of 20
(d) Determination of the percentages for sub-sections (a) and (c) shall be made on an annual basis
in January based on the usage information received for the preceding calendar year. The percentages
shall be designated for calculation starting July 1 st of that same calendar year. No party shall divert any
animals within its custody, care or control, including those held on behalf of a party under contracted
services with an animal control or humane society provider, that are located within the SCFA's
geographic boundaries (as reflected in attached Attachment A) from being housed at SCFA's animal
shelter facility contemplated under this Agreement unless said facility lacks the capacity to accept the
animal(s) in question or where the SCFA has granted express written consent for the animal(s) in question
to be diverted to another animal shelter facility.
(e) Annexations of any area by any party shall result in that party assuming fiscal responsibility
for the area annexed. The additional annexation shall result in a re-calculation of percentages of (a) and
(c).
(f) Incorporation of any geographic area served by SCFA, and in the event of the new city not
joining as a member in SCF A, COUNTY shall reserve the ability to contract directly with the new city for
animal services.
(g) Any party withdrawing from SCF A agrees to payment of the current percentage of the
following:
(i) After the issuance of bonds, the party agrees to payment of the party's current
percentage of the amount of the outstanding bonds.
(ii) Any unpaid portion of the administrative costs of SCF A, calculated up to the effective
date of termination of participation in SCF A of the party.
(iii) Any unpaid portion of the operation costs of the animal shelter, calculated up to the
effective date of termination of participation in SCFA of the party.
7
Agenda Item No. 13
Page 9 of 20
SECTION 8. OFFICERS AND EMPLOYEES
(a) Chairperson and Vice Chairperson. The Board may select a chairperson and a vice
chairperson from among its members at its first meeting, and annually thereafter. The term of the
Chairperson and Vice Chairperson, when selected in this manner, shall be for one (1) year.
In the event that the Chairperson or Vice Chairperson so elected resigned from such office or
ceases to be a member of the Board, the resulting vacancy shall be filled at the next regular meeting of the
Board. In the absence or inability of the Chairperson to act, the Vice Chairperson shall act as
Chairperson. The Chairperson, or in the Chairperson's absence, the Vice Chairperson, shall preside at
and conduct all meetings of the Board.
(b) Treasurer. The Treasurer of the County of Riverside shall be and shall act as the Treasurer of
SCFA. The Treasurer shall have the custody ofSCFA's money and disburse SCFA funds pursuant to the
accounting procedures of the County of Riverside. The Treasurer shall assume the duties described in
Section 6505.5 of the California Government Code, namely: receive and receipt for all money ofSCFA
(with the exception of any bond proceeds which shall be deposited with the Trustee bank) and place it in
the Treasury of the Treasurer to the credit of SCF A; be responsible upon an official bond as prescribed by
the Board for the safekeeping and disbursement of all Agency money so held; pay, when due, out of
money of SCF A so held, all sums payable, only upon warrants of the officer performing the functions of
the Controller who has been designated by SCF A or the Board; verify and report in writing in conjunction
with the annual audit of SCF A and to the parties to this Agreement the amount of money held for SCF A,
the amount of receipts since the last report, and the amount paid out since the last report; and perform
such other duties as are set forth in this Agreement or specified by the Board.
Any and all funds of the SCF A shall not be commingled with any other funds held by the
Treasurer.
8
Agenda Item No. 13
Page 10 of 20
(c) Controller. The Auditor/Controller of the County of Riverside shall be the Controller of
SCF A. The Controller shall draw warrants to pay demands against SCF A when such demands have been
approved by the Board or by any other person authorized to so approve such by this Agreement or by
resolution of the Board. The Controller shall perform such duties as are set forth in this Agreement and
such other duties as are specified by the Board.
There shall be strict accountability of all funds and reporting of all receipts and disbursements.
The Controller shall establish and maintain such procedures, funds and accounts as may be required by
sound accounting practices. The books and records of SCF A in the hands of the Controller shall be open
to inspection at all reasonable times by representatives of the parties to this Agreement.
(d) Program Administrator. The Executive Officer for the County of Riverside, or designee,
shall be the Program Administrator for SCF A. The Program Administrator, or designee, shall direct the
day-to-day operation ofSCFA. The Program Administrator shall serve subject to the Board's policies,
rules, regulations and instructions, and shall have the powers described in this Agreement and those
delegated and assigned by the Board, including, without limitation:
(1) to appoint, remove and transfer employees ofSCFA, including management level
officers, subj ect to the conditions of employment of these individuals as employees of SCF A, except for
the Treasurer, Controller and Attorney of SCF A and such others as the Board may designate;
(2) to enforce all orders, rules and regulations adopted by the Board relating to the
regulation, operation, or control of funds, facilities, properties and apparatus of SCF A;
(3) to authorize expenditures whenever the Board shall have approved and authorized any
work, improvement or task and shall have budgeted or appropriated the necessary money therefore;
(4) to have custody of and accountability for all property ofSCFA except money.
(5) The Program Administrator, with the approval of the Board, shall contract with an
independent certified public accountant or firm or certified public accountants to make an annual audit of
the accounts and records of SCF A, and a complete written report of such audit shall be filed as public
9
Agenda Item No. 13
Page 11 of 20
records annually, within six (6) months of the end of the fiscal year under examination, with each of the
parties to this Agreement. Such annual audit and written report shall comply with the requirements of
Section 6505 of the California Government Code. The cost of the annual audit, including contracts with,
or employment of such independent certified public accountants in making an audit pursuant to this
Agreement shall be a charge against funds of SCF A available for such purpose. The Board, by
unanimous vote, may replace the annual audit with a special audit covering a two-year period.
( e) Consultants. Subject to the availability of funds, the Board may employ such consultants,
advisors and independent contractors as are deemed necessary and desirable in implementing and carrying
out the purposes of this Agreement.
(f) Attorney for SCFA. The offices of the Riverside County Counsel, or counsel as retained
directly by SCF A shall be the attorneys for SCF A. The Board may employ by contract or otherwise,
specialty counsel.
SECTION 9. EXECUTIVE MANAGEMENT COMMITTEE
There shall be an Executive Management Committee established consisting of the County
Executive Officer, or designee of COUNTY, and City Managers, or designees of CANYON LAKE,
LAKE ELSINORE, MURRIETA, TEMECULA and any other member city who may join SCF A. The
Executive Management Committee shall meet as necessary to review the operations and business of
SCFA.
SECTION 10. REIMBURSEMENT
Officers and employees of the parties (excepting members of the Board) designated in this
Agreement to provide services for SCF A shall be reimbursed by SCF A for their actual costs of providing
10
Agenda Item No. 13
Page 12 of 20
such services. In addition, additional services provided by officers and employees of the parties pursuant
to contracts with SCF A shall be reimbursed as provided by the contracts. All reimbursements by SCF A
shall be made after receiving an itemized billing for services rendered.
SECTION 11. FISCAL YEAR
The fiscal year of SCF A shall be the period commencing July I of each year and ending on and
including the following June 30.
SECTION 12. CONTRIBUTIONS BY THE PARTIES
The parties to this Agreement may provide contributions in the form of public funds and/or in-
kind services, equipment, furnishings, office space and other kinds of property which may be reasonably
necessary for SCF A to accomplish the purposes of this Agreement.
SECTION 13. EMPLOYEES OF SCFA
(a) Riverside County Employees There shall be no individuals directly employed by SCFA.
"Employees" for the purposes of indemnification and defense provisions herein shall be shall mean all
persons employed by Riverside County, or any member agency, and assigned to duties for SCF A.
(b) Indemnification and Defense of Employees
(1) With respect to any civil claim or action against any Director, Officer, Employee,
Board Member, Committee Member, or a person who formerly occupied such position, for an injury
arising out of an act or omission occurring within the scope of such person's duties, SCF A shall
indemnify, hold harmless and defend such person to the full extent permitted or required under applicable
sections of the California Government Code.
11
Agenda Item No. 13
Page 13 of 20
(2) Nothing herein shall be construed to require SCF A to indemnify and hold harmless
any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly
occupied such position, if SCF A has elected to conduct the defense of such person( s) pursuant to an
agreement reserving SCFA's rights not to pay a judgment, compromise or settlement until it is established
that the injury arose out of an act or omission occurring within the scope of his or her duties with SCF A.
(3) Nothing herein shall be construed to require the SCFA to indemnify, or to provide a
defense for any Director, Officer, Employee, Board Member, Committee Member, or a person who
formerly occupied such position where the individual has acted in an illegal, willful or intentionally
negligent manner giving rise to the claim, or litigation.
(4) The following definitions shall apply to SCFA:
(i) "Directors" shall include the following: Members of the Governing Board of
Directors of SCF A, and the Program Administrator.
(ii) "Officers" shall include all individuals who are defined in "Directors" herein,
the Treasurer, Controller, and Attorney(s) for SCFA as defined herein.
(iii) "Employees" shall mean all persons employed by Riverside County, and
assigned to duties for SCF A.
(iv) "Committee Members" shall mean all persons appointed by the Governing
Board to any advisory committee or committees of SCF A, all persons appointed by the Program
Administrator to any advisory committee or committees of SCF A.
SECTION 14. LIABILITIES
SCF A shall account separately for all funds collected or disbursed for each party to this
Agreement. It is the intent of the parties, to the extent permitted by law, that the liabilities of each party
12
Agenda Item No. 13
Page 14 of 20
for the animal shelter services provided to that party's members shall not become a liability of any other
party to this Agreement.
The debts, liabilities and obligations of SCF A shall be the debts, liabilities and obligations of
SCF A alone, and not of the parties to this Agreement.
SCF A shall indemnify, defend and hold harmless each party to this Agreement from and against
any and all liabilities, debts, claims, demands or costs (including but not limited to attorney's fees)
arising, or alleged to arise as a result ofSCFA's operation or failure to operate.
SECTION 15. NOTICES
Notices required or permitted hereunder shall be sufficiently given if made in writing and
delivered either personally or upon deposit into the U.S. Mail, first class, postage prepaid to:
RNERSIDE COUNTY
Executive Office
County Administrative Center
4080 Lemon Street, 4th Floor
Riverside, CA 92501
Attn: Deputy County Executive Officer - Finance
CITY OF CANYON LAKE
31516 Railroad Canyon Road
Canyon Lake, CA 92587
Attn: City Manager
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92530
Attn: City Manager
13
Agenda Item No. 13
Page 15 of 20
CITY OF MURRIETA
26442 Beckman Court
Murrieta, CA 92562
Attn: City Manager
CITY OF TEMECULA
43200 Business Park Drive
P.O. box. 9033
Temecula, CA 92589
Attn: City Manager
SECTION 16. OTHER AGREEMENTS NOT PROHIBITED
Other agreements by and between the parties to this Agreement or any other entity are neither
prohibited nor modified in any manner by execution of this Agreement.
SECTION 17. SEVERABILITY
If any section, clause or phrase of this Agreement or the application thereof to any party or any
other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it
shall be deemed severable and the remainder of this Agreement or the application of such provision to the
other party or other persons or circumstances shall not be affected thereby.
SECTION 18. NONASSIGNABILITY
The rights, Titles and interests of any party to this Agreement shall not be assignable or
transferable without the written consent of the Board of Supervisors for Riverside County, and the
Governing Board of any of the other parties to this Agreement.
14
Agenda Item No. 13
Page 16 of 20
SECTION 19. MISCELLANEOUS
(a) Section Headings. The section headings herein are for convenience of the parties only, and
shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the
provisions or language of this Agreement.
(b) Laws of California. This Agreement is made in the State of California, under the Constitution
and laws of such State, and shall be construed and enforced in accordance with the laws of the State of
California.
(c) Construction of Language. It is the intention of the parties hereto that if any provision of this
Agreement is capable of two constructions, one of which would render the provision void and the other of
which would render the provision valid, then the provision shall have the meaning which renders it valid.
(d) Cooperation. The parties to this Agreement recognize the necessity and hereby agree to
cooperate with each other in carrying out the purposes of this Agreement including cooperation in
manners relating to the public, accounting, litigation, public relations and the like.
(e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the
successors ofthe parties hereto.
(f) Publication Rights. Each party to this Agreement shall have the right to duplicate, at its own
expense, any and all documents and reports created or acquired, in the joint exercise of powers hereunder
by the Board or by any other party hereto pursuant to this Agreement.
(g) Government Code Section 6509 Designation. The laws of the State of California applicable to
the COUNTY, as a general law county, shall govern the SCF A in the manner of exercising its powers,
subject, however, to such restrictions as are applicable to said county in the manner of exercising such
powers, as required by California Government Code Section 6509.
/ / /
/ / /
15
Agenda Item No. 13
Page 17 of 20
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to
by their proper officers thereunto duly authorized as of the date first above written.
COUNTY OF RIVERSIDE
By:
Dated:
Chair, Board of Supervisors
ATTEST:
Nancy Romero, Clerk of the Board
By:
Dated:
Deputy
[Seal]
Approved as to form and content:
Joe Rank, County Counsel
By:
Deputy County Counsel
CITY OF CANYON LAKE
By:
Dated:
Mayor, City Council
ATTEST:
By:
Dated:
Deputy
[Seal]
Approved as to form and content:
City Attorney
16
Agenda Item No. 13
Page 18 of 20
CITY OF LAKE ELSINORE
By:
ATTEST:
By:
[Seal]
Mayor, City Council
Deputy
CITY OF MURRIETA
By:
ATTEST:
By:
[Seal]
Mayor, City Council
Deputy
Dated:
Dated:
Approved as to form and content:
City Attorney
Dated:
Dated:
Approved as to form and content:
City Attorney
17
Agenda Item No. 13
Page 19 of 20
CITY OF TEMECULA
By:
ATTEST:
By:
[Seal]
Mayor, City Council
Deputy
18
Dated:
Dated:
Approved as to form and content:
City Attorney
Agenda Item No. 13
Page 20 of 20
CITY OF .~
LAKE \6,LSiIio~
~ DREAM EXTREME...
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JANUARY 22,2008
SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO CONTRACT
WITH DAVID HOGAN CONSULTING (DHC) TO PREPARE CEQA
COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS
"GRAND SOLUTIONS"
Background
The City of Lake Elsinore serves as the lead agency to evaluate the environmental
impacts of development projects proposed within the City. The Community
Development Department is responsible for the preparation of the necessary
information and, depending on the scope and size of the project, will either prepare the
environmental documents in-house or have a consultant prepare the documents and
studies. The cost of preparing the environmental analysis is paid for by the project
applicant through the application fee process and cost recovery system.
Discussion
The project consists of a condominium development on a 5.2-acre site located on
Grand Avenue east of Macy Street. Pursuant to the California Environmental Quality Act
(CEQA), a determination on the appropriate type of CEQA document will be made by
Staff upon completion of an Initial Study (IS) and supporting technical studies. Should
the IS provide evidence that all impacts are less than significant or can be mitigated to a
level of less-than-significant, a MND will be the appropriate CEQA document for the
proposed project. However, should the IS conclude that there will be potentially
significant impacts that cannot be mitigated, an Environmental Impact Report (EIR) will
be prepared. Based upon the size of the project, and the anticipated level of
significance of impacts, the scope prepared by the consultant estimated the costs
associated with preparation of an MND.
Due to the technical nature of this proposal, staff with the concurrence of the Applicant,
has requested that DHC prepare, or contract to be prepared, an Air Quality Report and
Agenda Item No. 14
Page 1 of 8
DHC/Grand Solutions CEQA Contract
January 22, 2008
Page 2
the appropriate CEQA documents for this project. The proposed cost of preparing the
technical studies and environmental documents is not to exceed $24,120 for the MND
process.
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the
applicant through the City's cost recovery program. All staff administrative time and
consultant costs are paid from the applicant's fees. There is no cost to the City.
Recommendation
City Council authorize the City Manager to enter into a contract with DHC not to exceed
$24,120.
Prepared by:
Tom Weiner ~
Planning Manager
Robert A. BradY~
City Manager
Approved by:
Attachments:
1. Vicinity Map
2. DHC Contract Proposal
Agenda Item No. 14
Page 2 of 8
VICINITY MAP
FOR "GRAND SOLUTIONS"
( ,
/
I
.;
/
/
/
I
I
/
I
./
..,.-.,.,.........~.."........
"
,,-,/'"
APN: 381-030-005
/
i.' //'
;'
".. ""
'k
. ,'-1~~
. I;', --'<..fil
/" A.' / i.>'" -1 v..
<"'. ~ ':1<>.. '<;>.' ~
'I>- / 'v".
',~ I" ''I
" ~/..: "<<'-1/'
. ~/' " ~ 1/'
/0~''', ' ~//
"'/, ,"'.f:;/l
".,," / "" / '. /
", /.', ,,,'/'
.,.",,~..)(. /~"~//
"'C" '''>')i'' 'V
""<<., (,
..... "'~
, '.
-\"'.....~<.
,/
I
/,/
.,.t/
I
/
I
I
/
I
/'
/
.'
/
,//'"
/
......,..,/
"-""'"
/
/
/
""'" /1
;/........
/
'''-, /
. ,r
".
,
"
,
..../.
'~'"
/
" /
r)"...."Q /
". 1/ ''''\'~-1tk
...., ,^' //>/ ,..,...,..., ~
'-.... -</1-
//~ !. >.....v~
/ / / ...........
// / .........." "'"
/1 .'(/ """:'>'",
,/ / . ........ /~/ /' " """"'"
I
.I
,
.'
",
"
....,
,/
,/'
Agenda Item No. 14
Page 3 of 8
DAVID HOGAN, AICP
PLANNING AND ENVIRONMENTAL CONSULTING
40595 WINDSOR ROAD
TEMECULA, CA 92591
(951 )-587-5692 FAX: (951 )-308-1 392
November 29, 2007
Ms. Wendy Worthey, Principal Environmental Planner
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Dear Ms. Worthey:
Per your request, the City of Lake Elsinore has requested a proposal to assist the City of Lake
Elsinore in conducting CEQA review and document preparation for the construction and operation of
a condominium development project proposed by Grand Solutions. The proposed project site is
located at 15712 Grand Avenue on a 5.2 acre site also known as APN 381-030-005.
You also indicated that if the Initial Study, supported by technical studies, provides evidence that all
potential impacts can be mitigated to less than significant levels, preparation of a Mitigated Negative
Declaration (MND) would be appropriate. Should the Initial Study provide evidence that one or more
impacts are unable to avoided or mitigated, preparation of an Environmental Impact Report (EIR)
would be appropriate. For the purposes of this proposal, and until the technical evidence proves
otherwise, the efforts outlined in this proposal will be estimates based upon preparation of a MND.
This proposal outlines the work effort that will be necessary to provide sufficient environmental
consulting support to achieve the goal of complying with the California Environmental Quality Act
(CEQA) for this project.
The following tasks discussed below ultimately result in the preparation of an Initial Study and
possible MND for the proposed project:
Task 1: Prepare a project description for the project.
Consultant will compile all relevant data regarding concerning the project and evaluate any
additional information or study needs that are necessary to complete the other tasks in this proposal.
The fee for this task will be $1,350.
Task 2: Prepare the Air Quality Study.
Utilizing the most recent version of the Urbemis computer model, Consultant will complete the
required air quality analysis for incorporation into the Initial Study. The fee for this task will be
$1,680.
Task 3. Prepare an Initial Study in conformance with the State CEQA Guidelines that will allow the
City to make an independent decision regarding appropriate environmental document for the project.
Utilizing the project description, Consultant will prepare a detailed Initial Study that will forecast the
potential impacts of the project, including site specific environmental resource issues and determine
the appropriate CEQA documentation that will need to be developed. The fee for preparing an Initial
Agenda Item No. 14
Page 4 of 8
Study for a Mitigated Negative Declaration is $11,200.00. If an EIR should be required, an
additional scope and contract will be necessary. It is anticipated that Task 3 will include two (2)
screencheck reviews of the Draft Initial Study and MND by the City Principal Environmental Planner.
Certain technical studies may be required for this project, and the applicant will need to provide
certain data for the Initial Study. Below is a list of the technical studies that may be required. Any
additional studies required will be provided by the project applicant. In addition, Consultant will need
the Site Plan, as well as any other applicable plans (i.e., grading plan, landscape plan, etc.) for the
completion of this task along with all required special studies (as needed).
1. General Biological Study;
2. MSHCP Consistency Analysis;
3. Burrowing Owl Survey;
4. Jurisdictional Delineation,
5. Cultural Resources Report;
6. Hydrology Study;
7. Water Quality Management Plan;
8. Phase 1 Environmental Site Assessment;
9. Traffic/Circulation Study;
10. Air Quality;
11. Noise Study;
12. Soils/Geotechnical; and,
13. Preliminary Title Report.
Task 4: Prepare a response to any comments on the Draft Initial Study.
Based upon the comments received from the public agencies and individuals, Consultant will
prepare a formal response. The response will provide a technically supportable response based
upon the technical studies, draft initial study, and project characteristics. If requested by the City, a
written response will be provided to any public agencies with potentially substantive comments or
concerns. It is anticipated that Task 4 will include two (2) screencheck reviews of the Response to
Comments by the City Principal Environmental Planner. The fee for this task will be $2,240.
Task 5: Prepare the Final Initial Study and the Mitigation Monitoring Program
Based upon the comments received on the Draft Initial Study and direction from the City, Consultant
will prepare the Final Initial Study and Mitigation Monitoring Program Consultant. The Final Initial
Study document will be prepared in a Redline/Strike-Out format to identify any changes that may
have been made in response to the public comments on the Draft Initial Study. It is anticipated that
Task 5 will include one (1) screencheck review of the Final Initial Study and Mitigation Monitoring
Program by the City Principal Environmental Planner. The fee for this task will be $2,240.
Task 6: Assist the City to process the recommended CEQA determination, including document
production and distribution.
Working with the City and applicant, Consultant will undertake the public circulation of the Initial
Study for the proposed project to the agencies identified by the City; prepare the Notice of
Determination, attend any hearings for the proposed project before the City; and distribute the Draft
and Final Initial Study documents, and Mitigation Monitoring Program documents as needed. Total
budget for completing the Initial Study, including printing and shipping costs are inherently open
ended, and unlike the previous tasks which I can perform on a fixed fee basis, must be performed
on a time and materials basis with a not-to-exceed fee of $5,360.
Agenda Item No. 14
Page 5 of 8
The end result of implementing the above proposal will be the completion of the CEQA process for
the proposed project. All work will be performed in a timely manner to meet identified City
schedules. The total estimated fee to complete the tasks outlined in this proposal is $24,120. The
task totals are provided below.
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6 (includes reimbursable expenses
and mileage costs)
TOTAL
$ 1 ,400
$ 1,680
$11,200
$ 2,240
$ 2,240
$ 5,360
$24,120
If this proposal and the conditions in Attachment A are acceptable to you, Consultant is ready to
initiate this work effort immediately upon authorization. This work effort will be scheduled closely
with the City's goals for implementing the proposed review of the project. Should you have any
questions regarding this proposal, please feel fee to give me a call.
Sincerely,
David Hogan, AICP
Agenda Item No. 14
Page 6 of 8
ATTACHMENT A
1. Consultant shall not have any liability for the accuracy of any information furnished to the
Applicant by other consultants or individuals referred to the Applicant by the Consultant.
2. Reimbursable Expenses. These costs (travel, supplies, printing, etc.) will be charged at
actual cost plus ten percent. Mileage will be billed at the IRS mileage rate in effect for the
time.
3. Additional meetings, beyond those described in the scope of work, will be billed on a time
and materials basis.
4. The Agreement for Consulting Services shall terminate when the City determines that the
tasks described herein are complete.
5. Either party may terminate the Agreement for Consulting Services upon fifteen (15) calendar
day's written notice to the other party of this Agreement.
Agenda Item No. 14
Page 7 of 8
AUTHORIZATION
By signing below, the City of Lake Elsinore and David Hogan, AICP agree to the Scope of Work,
Cost Estimate, and Terms and Conditions attached hereto (Attachment A).
David Hogan Consulting
City of Lake Elsinore
By:
Name:
Title:
Address:
David Hogan
Consultant
40595 Windsor Road
Temecula, CA 92591
By:
Name: Robert A. Bradv
Title: City Manager
Address: 130 South Main Street
Lake Elsinore, CA 92530
Attest:
Approved as to Form:
Vivian Munson, City Clerk
City of Lake Elsinore
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
Agenda Item No. 14
Page 8 of 8
CITY OF .~
LAKE ,6,LSiNORI:
~ DREAM EXTREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL
IMPACT REPORT
Discussion:
Since the last update to the City Council, the Draft Environmental Impact Report was
transmitted to the State Clearinghouse (State Clearinghouse Number:
200512121019) for Public Review as required by Section 15087 of the California
Environmental Quality Act (CEQA). The Public Review period began on December
10, 2007, and will end on January 23, 2008. Additionally, staff held a public meeting
on January 10, 2008 to allow for equivalent public input. Although, public comments
were minimal, staff acknowledged each comment. Staff continues to anticipate that
the first public hearing for the General Plan Update would occur towards the end of
March 2008.
Recommendation:
Receive and file.
Prepared by:
Rolfe M. Preisendanz fYVI1 /'
Director of Community Developmentfj 'I' ~
Robert A. Brady \W
City Manager
Approved by:
Agenda Item No. 15
Page 1 of 1
CITY OF ~.
LA~ ,6,LsiNORJ:
Y DREAM EXTREME...
REPORT TO THE CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
1-15/RAILROAD CANYON ROAD AND 1-15/SR-74
INTERCHANGE UPDATE
SUBJECT:
Backaround
City and CAL TRANS staff are currently working to find a practical solution for the traffic
congestion at both the interchange at 1-15/Railroad Canyon Road and 1-15/SR-74. Staff
is advocating ideas that will improve the flow of traffic at both interchanges. At 1-15 and
Railroad Canyon Road, staff feels it is important to have a new connection with 1-15 at
Franklin Avenue to encourage traffic distribution and alleviate some of the congestion at
Railroad Canyon Road. This new connection will also help with the anticipated traffic
increase at 1-15 and Main Street. As for 1-15 and Central Avenue, staff is working on a
new "partial-clover" interchange with loops on the south side of Central across from the
Home Depot Center and a complementing loop is proposed to be placed on the Burger
King site north of the Chevron Gas Station. Staff is also pursuing an over crossing at
Riverside Drive and 1-15 which will ultimately connect with Cambern Avenue.
Discussion
Staff is continuing to work with CAL TRANS to build a case in support of the freeway
connection at Franklin Avenue as well as the over crossing at Riverside Drive. The
projects are currently proceeding with the traffic analysis phase exchanging information
and corrections with the State. Progress was made in the preliminary environmental
analysis portion of each of the projects. CAL TRANS has tentatively agreed to accept
the existing environmental report as sufficient to cover the "new" alternative related to
the Railroad Canyon Road interchange. Both CAL TRANS and City staff will schedule a
meeting with the local representative of the Federal Highway Administration (FHW A) to
inform them of our progress and request guidance on each project.
Agenda Item No. 16
Page 1 of 4
Railroad Canyon Road and
SR-74 Update
January 22,2008
Page 2
The next steps are as follows:
Railroad Canyon Road:
1. Begin modifying the Preliminary Environmental Report by meeting with
CAL TRANS environmental team.
2. Proceed with the Project Report, Environmental Document process using the
Franklin Street connection.
3. Meet with FHW A Representative tor continued comments and guidance. (This
step will be on an on-going basis.)
4. Prepare a formal report to FHW A requesting the connection.
5. Upon FHWA approval, finalize the Project Report.
6. Complete Design, Environmental clearance and right-ot-way acquisition.
7. Construct Project.
Step 1 is anticipated to have been completed as this report was submitted prior to the
schedule meeting ot January 17, 2008. Pending the January 1 ih meeting Staff may be
able to begin with Step 2.
SR-74:
1. Provide corrections to the CAL TRANS traffic analysis.
2. Continue with preliminary environmental investigations.
3. Continue with preliminary right-ot-way needs investigations.
4. Continue with the ultimate design.
Recommendation
Receive and file.
Prepared by:
Ken A. Seumalo '(J6
Director of Public Works
Approved by:
Robert A. Brad~ lQ
City Manager ~ '~L4!V
Attachment: Vicinity Maps
Agenda Item No. 16
Page 2 ot 4
58
\ \
)L
-1L
II
II
II
I
il
I
I
I
I
I
I
,
.+, I
,
Prepared By:
Lake Elsinore GIS
Anril ?nn7 I
Agenda Item No. 16
Page 3 of 4 I
.
_ ~~l:>~~,._
i '~~:tl....
. "':
't
.
10
i
j
I
-7 'f I
,f t I
-- I i I,~
::~__~f ! f H J
I , ,-.-,) I ,"'::...-:.:c.~lZFE. ""'1:" f f If--. I
~ -.;;:---- J LOR Sf' Ii 1
OO.O:rli05 0 1 Miies--\,'--~~-_l ! if ,
\ ~-~~-.L-d!_.. i
~
LAKE ,6,LSiNO~
~ DREAM EpREME
City Of lake Elsinore
130 S. Main 51.
lake Elsinore, CA 92530
(951) 674-3124
www.lake-elsinore.org
RAILROAD CANYON ROAD/I-15 PROJECT REPORT
PROJECT 10 NUMBER: TRF-0011
PROJECT NUMBER: 4227
~
LAKE 5LSiNORt
~ DREAM EXTREME
-,W
SR-74/1-15 PROJECT REPORT
PROJECT 10 NUMBER: TRF-0014
PROJECT NUMBER: 4262
City Of Lake Elsinore
130 S. Main SI.
Lake Elsinore. CA 92530
(951) 674-3124
www.lake-elsinore.or9
.'
.'
.'
.'
.'
.
.
..
.
.
.
.
L-.
00
~
~
"7~
<?
s^
i~l1tP
s'\
"'~<:)
~
~
~
~
"7~
<?
w+,
,
Prepared By:
Lake Elsinore GIS
.l!t..nril ?On7
62
Agenda Item No. 16
Page 4 of 4
GIS
ore (
I
CITY OF .~
LAK-E ,6,LSiNORJ:
~..:!!2 0 REAM E,xT REM E...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: NEW COPIER LEASES WITH INNOVATIVE DOCUMENT SOLUTIONS
INC., FOR FIRE STATIONS 10, 85 AND 94
Backaround
Consider Municipal Lease and Service Agreements for three new digital copiers to be
placed at Fire Stations 10, 85 and 94.
Discussion
City fire stations need the ability to reproduce materials in a more efficient manner and
at a faster rate than with their current "consumer grade" copier equipment. Staff has
obtained a lease proposal for three new Canon IR2022i 81W digital copiers, each with
duplexing document feeder for full duplex copying, printer stand and a copy rate of 22
pages per minute.
The proposal by Innovative Document Solutions for leasing three Canon ImageRunner
ModellR2202i copiers is eligible for CMAS information technology pricing and waiver of
the City's informal bid requirements.
Fiscal Impact
Lease, maintenance and total cost of ownership calculations are attached. Sufficient
budgeted funds are projected to service the lease through the 60 month term, ending in
Year 2013.
Agenda Item No. 17
Page 1 of 8
-
Digital Copier Leases
January 22, 2008
Page 2
Recommendations
Approve 60 month municipal lease agreements for three Canon IR2202i digital copiers
and authorize the City Manager to execute leasing agreements with Canon Financial
Services, Inc. and service & maintenance agreements from Innovative Document
Solutions (based on monthly CMAS Service Agreement #GS-25F-0023M).
Prepared by:
Mark Dennis~ ~
Information/Communications Manager
Robert A. BradyO rQ
City Manager JAW
Approved by:
Agenda Item No. 17
Page 2 of 8
FY 2007-2008
Copier Lease Analysis
Rev. January 22, 2008
lCANON IR 2022i (1)
Ima e Fee B&W Co after 2,000:
Est. Mo Volume after 2,000 incl.
$0.01600
200
Month
1
2
3
4
5
6
7
8
9
10
11
12
Mo. Base ST@ 7.75% Image Fee ST @ 3.88%
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 444.00 $ 34.41 $ 38.40 $ 1.49
Sub TOTAL
TOTAL ANNUAL MAINTENANCE $ 518.30
MONTHLY MAINTENANCE AVERAGE $ 43.19
MONTHLY LEASE+MAINTENANCE COST $ 116.46
NOTES
1) Equipped with Duplexer, Duplexer Feeder, and Stand
LEASE TERMS
Month Lease Pmt ST @ 7.75% TOTAL $ PER YEAR
1 $ 68.00 $ 5.27 $ 73.27
2 $ 68.00 $ 5.27 $ 73.27
3 $ 68.00 $ 5.27 $ 73.27
4 $ 68.00 $ 5.27 $ 73.27
5 $ 68.00 $ 5.27 $ 73.27
6 $ 68.00 $ 5.27 $ 73.27
7 $ 68.00 $ 5.27 $ 73.27
8 $ 68.00 $ 5.27 $ 73.27
9 $ 68.00 $ 5.27 $ 73.27
10 $ 68.00 $ 5.27 $ 73.27
11 $ 68.00 $ 5.27 $ 73.27
12 $ 68.00 $ 5.27 $ 73.27 $ 879.24
13 $ 68.00 $ 5.27 $ 73.27
14 $ 68.00 $ 5.27 $ 73.27
15 $ 68.00 $ 5.27 $ 73.27
08CopierLease_firestationsO 122 Sheet2 Agenda Item Na. 17
Page 3 of 8
FY 2007-2008
Copier Lease Analysis
Month Lease Pmt ST @ 7.75% TOTAL $ PER YEAR
16 $ 68.00 $ 5.27 $ 73.27
17 $ 68.00 $ 5.27 $ 73.27
18 $ 68.00 $ 5.27 $ 73.27
19 $ 68.00 $ 5.27 $ 73.27
20 $ 68.00 $ 5.27 $ 73.27
21 $ 68.00 $ 5.27 $ 73.27
22 $ 68.00 $ 5.27 $ 73.27
23 $ 68.00 $ 5.27 $ 73.27
24 $ 68.00 $ 5.27 $ 73.27 $ 879.24
25 $ 68.00 $ 5.27 $ 73.27
26 $ 68.00 $ 5.27 $ 73.27
27 $ 68.00 $ 5.27 $ 73.27
28 $ 68.00 $ 5.27 $ 73.27
29 $ 68.00 $ 5.27 $ 73.27
30 $ 68.00 $ 5.27 $ 73.27
31 $ 68.00 $ 5.27 $ 73.27
32 $ 68.00 $ 5.27 $ 73.27
33 $ 68.00 $ 5.27 $ 73.27
34 $ 68.00 $ 5.27 $ 73.27
35 $ 68.00 $ 5.27 $ 73.27
36 $ 68.00 $ 5.27 $ 73.27 $ 879.24
37 $ 68.00 $ 5.27 $ 73.27
38 $ 68.00 $ 5.27 $ 73.27
39 $ 68.00 $ 5.27 $ 73.27
40 $ 68.00 $ 5.27 $ 73.27
41 $ 68.00 $ 5.27 $ 73.27
42 $ 68.00 $ 5.27 $ 73.27
43 $ 68.00 $ 5.27 $ 73.27
44 $ 68.00 $ 5.27 $ 73.27
45 $ 68.00 $ 5.27 $ 73.27
46 $ 68.00 $ 5.27 $ 73.27
47 $ 68.00 $ 5.27 $ 73.27
48 $ 68.00 $ 5.27 $ 73.27 $ 879.24
49 $ 68.00 $ 5.27 $ 73.27
50 $ 68.00 $ 5.27 $ 73.27
51 $ 68.00 $ 5.27 $ 73.27
52 $ 68.00 $ 5.27 $ 73.27
53 $ 68.00 $ 5.27 $ 73.27
54 $ 68.00 $ 5.27 $ 73.27
55 $ 68.00 $ 5.27 $ 73.27
56 $ 68.00 $ 5.27 $ 73.27
57 $ 68.00 $ 5.27 $ 73.27
58 $ 68.00 $ 5.27 $ 73.27
59 $ 68.00 $ 5.27 $ 73.27
60 $ 68.00 $ 5.27 $ 73.27 $ 879.24
TOTAL $ 4,080.00 $ 316.20 $ 4,396.20 $ 4,396.20
08CopierLease_fi restationsO 122
Sheet2
Rev. January 22, 2008
Agenda Item N~ 17
Page 4 of 8
FY 2007-2008
Copier Lease Analysis
Rev. January 22, 2008
Month Lease Pmt ST@ 7.75%
TOTAL $ PER YEAR
ICANON IR 2022i (2)
Ima e Fee B&W Co after 2,000:
Est. Mo Volume after 2,000 incl.
$0.01600
200
Month
1
2
3
4
5
6
7
8
9
10
11
12
Sub TOTAL
Mo. Base ST@ 7.75% ImaQe Fee ST @ 3.88%
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 444.00 $ 34.41 $ 38.40 $ 1.49
TOTAL ANNUAL MAINTENANCE $ 518.30
MONTHLY MAINTENANCE AVERAGE $ 43.19
MONTHL Y LEASE+MAINTENANCE COST $ 116.46
NOTES
1) Equipped with Duplexer, Duplexer Feeder, and Stand
LEASE TERMS
Month Lease Pmt ST 7.75% TOTAL $ PER YEAR
1 $ 68.00 $ 5.27 $ 73.27
2 $ 68.00 $ 5.27 $ 73.27
3 $ 68.00 $ 5.27 $ 73.27
4 $ 68.00 $ 5.27 $ 73.27
5 $ 68.00 $ 5.27 $ 73.27
6 $ 68.00 $ 5.27 $ 73.27
7 $ 68.00 $ 5.27 $ 73.27
8 $ 68.00 $ 5.27 $ 73.27
9 $ 68.00 $ 5.27 $ 73.27
10 $ 68.00 $ 5.27 $ 73.27
11 $ 68.00 $ 5.27 $ 73.27
12 $ 68.00 $ 5.27 $ 73.27 $ 879.24
13 $ 68.00 $ 5.27 $ 73.27
14 $ 68.00 $ 5.27 $ 73.27
08CopierLease_fi restati 0 nsO 12 2
Sheet2
Agenda Item Nc:9. 17
Page 5 of 8
FY 2007-2008
Copier Lease Analysis
Month Lease Pmt ST @ 7.75% TOTAL $ PER YEAR
15 $ 68.00 $ 5.27 $ 73.27
16 $ 68.00 $ 5.27 $ 73.27
17 $ 68.00 $ 5.27 $ 73.27
18 $ 68.00 $ 5.27 $ 73.27
19 $ 68.00 $ 5.27 $ 73.27
20 $ 68.00 $ 5.27 $ 73.27
21 $ 68.00 $ 5.27 $ 73.27
22 $ 68.00 $ 5.27 $ 73.27
23 $ 68.00 $ 5.27 $ 73.27
24 $ 68.00 $ 5.27 $ 73.27 $ 879.24
25 $ 68.00 $ 5.27 $ 73.27
26 $ 68.00 $ 5.27 $ 73.27
27 $ 68.00 $ 5.27 $ 73.27
28 $ 68.00 $ 5.27 $ 73.27
29 $ 68.00 $ 5.27 $ 73.27
30 $ 68.00 $ 5.27 $ 73.27
31 $ 68.00 $ 5.27 $ 73.27
32 $ 68.00 $ 5.27 $ 73.27
33 $ 68.00 $ 5.27 $ 73.27
34 $ 68.00 $ 5.27 $ 73.27
35 $ 68.00 $ 5.27 $ 73.27
36 $ 68.00 $ 5.27 $ 73.27 $ 879.24
37 $ 68.00 $ 5.27 $ 73.27
38 $ 68.00 $ 5.27 $ 73.27
39 $ 68.00 $ 5.27 $ 73.27
40 $ 68.00 $ 5.27 $ 73.27
41 $ 68.00 $ 5.27 $ 73.27
42 $ 68.00 $ 5.27 $ 73.27
43 $ 68.00 $ 5.27 $ 73.27
44 $ 68.00 $ 5.27 $ 73.27
45 $ 68.00 $ 5.27 $ 73.27
46 $ 68.00 $ 5.27 $ 73.27
47 $ 68.00 $ 5.27 $ 73.27
48 $ 68.00 $ 5.27 $ 73.27 $ 879.24
49 $ 68.00 $ 5.27 $ 73.27
50 $ 68.00 $ 5.27 $ 73.27
51 $ 68.00 $ 5.27 $ 73.27
52 $ 68.00 $ 5.27 $ 73.27
53 $ 68.00 $ 5.27 $ 73.27
54 $ 68.00 $ 5.27 $ 73.27
55 $ 68.00 $ 5.27 $ 73.27
56 $ 68.00 $ 5.27 $ 73.27
57 $ 68.00 $ 5.27 $ 73.27
58 $ 68.00 $ 5.27 $ 73.27
59 $ 68.00 $ 5.27 $ 73.27
60 $ 68.00 $ 5.27 $ 73.27 $ 879.24
TOTAL $ 4,080.00 $ 316.20 $ 4,396.20 $ 4,396.20
08CopierLease_fi restationsO 122
Sheet2
Rev. January 22, 2008
Agenda Item Net 17
Page 6 of 8
FY 2007-2008
Copier Lease Analysis
Rev. January 22, 2008
Month Lease Pmt ST@ 7.75%
TOTAL $ PER YEAR
ICANON IR 2022i (3)
$0.01600
200
Month
1
2
3
4
5
6
7
8
9
10
11
12
Sub TOTAL
Mo. Base ST@ 7.75% Imaqe Fee ST (Q) 3.88%
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 37.00 $ 2.87 $ 3.20 $ 0.12
$ 444.00 $ 34.41 $ 38.40 $ 1.49
TOTAL ANNUAL MAINTENANCE $ 518.30
MONTHLY MAINTENANCE AVERAGE $ 43.19
MONTHLY LEASE+MAINTENANCE COST $ 116.46
NOTES
1) Equipped with Duplexer, Duplexer Feeder, and Stand
LEASE TERMS
Month Lease Pmt ST@ 7.75% TOTAL $ PER YEAR
1 $ 68.00 $ 5.27 $ 73.27
2 $ 68.00 $ 5.27 $ 73.27
3 $ 68.00 $ 5.27 $ 73.27
4 $ 68.00 $ 5.27 $ 73.27
5 $ 68.00 $ 5.27 $ 73.27
6 $ 68.00 $ 5.27 $ 73.27
7 $ 68.00 $ 5.27 $ 73.27
8 $ 68.00 $ 5.27 $ 73.27
9 $ 68.00 $ 5.27 $ 73.27
10 $ 68.00 $ 5.27 $ 73.27
11 $ 68.00 $ 5.27 $ 73.27
12 $ 68.00 $ 5.27 $ 73.27 $ 879.24
13 $ 68.00 $ 5.27 $ 73.27
14 $ 68.00 $ 5.27 $ 73.27
08CopierLease_fi restationsO 122
Sheet2
Agenda Item Ndi. 17
Page 7 of 8
FY 2007-2008
Copier Lease Analysis
Month Lease Pmt ST@7.75% TOTAL $ PER YEAR
15 $ 68.00 $ 5.27 $ 73.27
16 $ 68.00 $ 5.27 $ 73.27
17 $ 68.00 $ 5.27 $ 73.27
18 $ 68.00 $ 5.27 $ 73.27
19 $ 68.00 $ 5.27 $ 73.27
20 $ 68.00 $ 5.27 $ 73.27
21 $ 68.00 $ 5.27 $ 73.27
22 $ 68.00 $ 5.27 $ 73.27
23 $ 68.00 $ 5.27 $ 73.27
24 $ 68.00 $ 5.27 $ 73.27 $ 879.24
25 $ 68.00 $ 5.27 $ 73.27
26 $ 68.00 $ 5.27 $ 73.27
27 $ 68.00 $ 5.27 $ 73.27
28 $ 68.00 $ 5.27 $ 73.27
29 $ 68.00 $ 5.27 $ 73.27
30 $ 68.00 $ 5.27 $ 73.27
31 $ 68.00 $ 5.27 $ 73.27
32 $ 68.00 $ 5.27 $ 73.27
33 $ 68.00 $ 5.27 $ 73.27
34 $ 68.00 $ 5.27 $ 73.27
35 $ 68.00 $ 5.27 $ 73.27
36 $ 68.00 $ 5.27 $ 73.27 $ 879.24
37 $ 68.00 $ 5.27 $ 73.27
38 $ 68.00 $ 5.27 $ 73.27
39 $ 68.00 $ 5.27 $ 73.27
40 $ 68.00 $ 5.27 $ 73.27
41 $ 68.00 $ 5.27 $ 73.27
42 $ 68.00 $ 5.27 $ 73.27
43 $ 68.00 $ 5.27 $ 73.27
44 $ 68.00 $ 5.27 $ 73.27
45 $ 68.00 $ 5.27 $ 73.27
46 $ 68.00 $ 5.27 $ 73.27
47 $ 68.00 $ 5.27 $ 73.27
48 $ 68.00 $ 5.27 $ 73.27 $ 879.24
49 $ 68.00 $ 5.27 $ 73.27
50 $ 68.00 $ 5.27 $ 73.27
51 $ 68.00 $ 5.27 $ 73.27
52 $ 68.00 $ 5.27 $ 73.27
53 $ 68.00 $ 5.27 $ 73.27
54 $ 68.00 $ 5.27 $ 73.27
55 $ 68.00 $ 5.27 $ 73.27
56 $ 68.00 $ 5.27 $ 73.27
57 $ 68.00 $ 5.27 $ 73.27
58 $ 68.00 $ 5.27 $ 73.27
59 $ 68.00 $ 5.27 $ 73.27
60 $ 68.00 $ 5.27 $ 73.27 $ 879.24
TOTAL $ 4,080.00 $ 316.20 $ 4,396.20 $ 4,396.20
08CopierLease_fi restationsO 122
Sheet2
Rev. January 22, 2008
Agenda Item NcY. 17
Page 8 of 8
CITY OF ~
LAKE 6LSiNOR!:
\ I
~ DREAM EXTREME",
TO:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 8, 2008
SUBJECT: APPROVAL TO PURCHASE A DOCUMENT IMAGING MANAGEMENT
SYSTEM
Discussion
The City of Lake Elsinore serves a population of approximately 50,000 residents. As
the City continues to grow, so do requirements for automation of records management,
retention and retrieval.
Backaround
The City Clerk's Office, as well as most departments, maintain their records as paper
records. These records are stored in various locations with no means of reconstruction
should these records become damaged or destroyed. The City's historical records such
as ordinances, resolutions and minutes could be destroyed in minutes due to a fire or
water damage. On a daily basis, staff spends a great deal of time sifting through
records to locate needed information. Time, productivity and service to the public suffer
due to the lack of state-of-the-art technology now so widely used by other cities and
agencies.
A solution to these demands is the acquisition of a document imaging management
system (DIMS). This type of system consists of a computer software program and
hardware that will enable staff to store all types of documents in an organized format on
a computer. The software will provide the tools to find, capture, manage, protect and
distribute information. This database can be accessed by City employees by utilizing a
full text and customized index search.
There are many benefits to installing a document imaging management system. They
are as follows:
· Enabling access to information faster which greatly reduces the time utilized
searching for documents, whereby increasing productivity;
· Improving access to public records;
· Reduction of costs for physical storage;
Agenda Item No. 18
Page 1 of 7
Purchase of DIMS
January 22, 2008
Page 2
· Enhanced records protection and security; and
· Preserving public records for the future.
Analvsis
The City Clerk for many years has worked with a document imaging software called
Laserfiche. Laserfiche is rated one of the best document imaging software products in
the United States. This product is sold through companies that install, train and provide
annual software and hardware support. A comprehensive background check was done
on the proposed provider ECS Imaging, Inc. Some of the agencies that contract with
ECS are the Lake Elsinore Unified School District, the County of Riverside, the Cities of
Temecula, Ontario, Encinitas, Rancho Mirage and Rancho Cucamonga, to name a few.
In order to implement this document imaging management system, software
(Laserfiche) and hardware are required. The hardware consists of a Xerox Documate
262 Duplex Color Scanner and an SQL server. The hardware qualifies for purchase
under the State and local government CMAS or WSAC pricing schedule. Both CMAS
and Western States Contract Alliance (WSCA) pricing ensures competitive pricing at
Government Services Administration (GSA) rates. Additionally, the City was able to
piggy-back onto a contract the County of Riverside executed with ECS Imaging, Inc.
This contract provides that ECS extend the same pricing, terms, and conditions to each
and every political entity, special district, and related non-profit entity in Riverside
County. Quotes for software and hardware are attached.
One of the goals of the City Clerk's Office is to implement a Records Management
Program. In January 2007, the City Council approved funds in the amount of $16,000
to hire a Records Management Consultant to accomplish this. The newly appointed City
Clerk has the knowledge, education and experience to accomplish this task and has
elected to take on the responsibility. By doing so, the funds that have been allocated
for the consultant can be used to purchase a document imaging system.
The Scope of Work for the Records Management Program will include four phases;
Phase I - Documenting all records in all departments; Phase II - Establishment of a
Retention, Destruction and Inventory Schedule for each department; Phase III -
Training Employees City-wide; and Phase IV - Implementing a document imaging
management system.
Fiscal Impact
Funds to purchase the Laserfiche software were approved by Council in the operating
budget in the 2007/08 fiscal year to contract for a Records Management Consultant
back in January 2007, in the amount of $16,000.
Agenda Item No. 18
Page 2 of 7
Purchase of DIMS
January 22, 2008
Page 3
Sufficient funding for the SQL server hardware and software is available in the
2007/2008 CIP budget, Project ID #GEN-0011.
Recommendations
1. Authorize the purchase ofa Laserfiche Document Management System from
ESC Imaging Inc.. in the amount of $17,752 which includes the software,
maintenance and support, hardware (Xerox scanner), training and integration
services of ECS Imaging, Inc.
2. Authorize the purchase of an SQL database server and software licenses, in the
amount of $9,962.
Prepared by:
Vivian M. Munso~
City Clerk
~~~trt:~~~~~dY~
Approved by:
Agenda Item No. 18
Page 3 of 7
IiiIII
3720 Sunnyside Drive, Ste. #200
Riverside, CA 92506
Main Phone (951) 787-8768
Main Fax (951) 787-0831
,<!f""'.
,;;!l if'i~
Prepared by: Barry Weinstein
Account Rep Phone: 951-202-2184
Quotation For:
City of Lake Elsinore.
Vivian Munson 1 City Clerk
Phone: (951)471-1213
Fax: (951) 674-2392
Quote Title:
Laserfiche Document
Management Solution
BW120307 -01
12/3/2007
12/30/2007
Net 20
Software:
Laserfiche Base System SQL version
Laserfiche 'Full Users each (concurrent access)
Laserfiche Retrieval Users each (concurrent access)
Laserfiche Email per user (emaH from Laserfiche)
~' f~
.~:'~i/.<i
Quote #:
Date:
Valid through:
Terms:
Annual Software Maintenance & Support
Laserfiche Base System SQL version $ 1,320.00 1 $ 1,320.00
Laserfiche Full Users each $ 110.00 2 $ 220.00
Laserfiche Retrieval Users each $ 44.00 5 $ 220.00
Laserfiche EmaH per user $ 16.00 7 $ 112.00
*ECS Annual Priority Support Contract $ 1,500.00 1 $ 1,500.00
Priority on-site support up to 10 hours, Phone support as required with a 4-hour reponse time. 1 year
support including updates of soware installed, on site consulting and project management (all travel costs
included). Additional services offered at discounted rates
Sub- Total of 1 st Year Annuals $ 3,372.00
$ 6,600.00
$ 550.00
$ 220.00
$ 80.00
Sub- Total of software
1 $ 6,600.00
2 $ 1,100.00
5 $ 1,100.00
7 $ 560.00
$ 9,360.00
Hardware
Xerox Documate 262 Duplex Color Scanner WNRS-
XDM2525D-WU and advanced Exchange Replacement Warranty,
plus one consumable kit $ 1,243.00
Sub- Total of Hardware
1 $
1,243.00
$ 1,243.00
ECS educational trainina on-site $ 1,000.00 1 $ 1,000.00
Materials, instructor, and follow up telephone support. Up to 1 days training: On-site for scan operators,
retrieval persons & system administrator. Train the Trainer Approach
Intearation Services: $ 1,500.00 1 $ 1,500.00
Installation of Hardware and Software above, Integration, Testing, Troubleshooting, Emergency Support,
Consulting, and Project Management. Installation on 7 Workstations with 1 having scanners,
Sub- Total of Services $ 2.500.00
*ECS Priority Plan I
-Priority phone support upgraded from 24 hour response to 2 hour response time.
-Unlimited phone and emaH support.
-On-site support up to 10 hours included. On-site within next business day as needed.
-On-site time is calculated to nearest half hour and minimum onsite calculation is 2 hours. Remote support is calculated to
oCustomers under this plan can purchase additional on-site time discounted at $100/hour.
'Customers not under this plan can purchase on-site hours at $150/hour 2 hour minimum and .1/2 travel time
.2 Free Admissions to Annual Customer Conference, Free Admission to Quarterly User Groups.
oMonthly E-Newsletter
oHoursof support are 7:30am - 5:30pm PST.
oThis plan covers support for the Laserfiche software system including remedial training, installing updates, consulting, and
Sub-Total
Tax@
ECS Turn-kev Solution Total
$
7.75% $
$
16,475.00
1,276.81
17.751.81
12/4/2007
Agenda Item No. 18
Page 4 of 7
HP Public Sector Online Store
Pi]
In " . n t
SHOPPING CART
Today's Date: 1/16/20089:22:52 AM
Contract: CA - STATE OF CALIFORNIA (WSCAII) (A63309-CA)
Product availability and product discontinuation are subject to change without notice. The prices in this shopping cart
are valid for 30 days from the date above. If you do not wish to place this order electronically, please include this form
when submitting your purchase order.
Show address and comment fields. Use the File - Print option to print this form for your future reference.
Items/description Part no Unit price Qty Ext price
-C.onflgurat>le- HPPrdL.lant~l....3"~OBaset
G5 - 3.00GHzrtighPerforrrtance
Rack Server
HP ProLiant DL380 G5 3.00GHz 391835...f'fiP2
High Performance Server
Pr.ocess.or
2 Dual Core Intel@ Xeon@ 5160
(3.00GHz, 1333 FSB) Processors
HP1GB Fully Buffered DIMM PC2- 397409..821
5300 2X512 Memory
Microsoft@ Windows@ Server 2003 409163.821
R2, Standard Edition + 5 CALS
(Pre-Installed)
HP Smart Array P400/512PQle411'064.;B2,1
Controller
HPPCI-XtPCI..S Non+lotPh.lg . 41'OSVJO..B21
RISER Card
Power.suppl.y
HP 1000-W Hot-Plug Power Supply
Redundant p.ower supply
HP 1000-W Redundant Hot-Plug
Power Supply
Redundant fan .opti.ons
HP Redundant Hot-Plug Fans
Netw.ork card
Embedded NC373i Multifunction
Gigabit Network Adapter
HP Fibre Channel 2243 4Gb PCI..X ADt68A
2.0 Dual Channel HBA
$6,387.00
1
$6,387.00
Agenda Item No. 18
http://gem.compaq.comlgemstore/gemcartlprintpage.as...ge=cart&printview=yes&oi=E9CED&showToss=Y &showSB20= (1 of 3) 1/16/2008 7:24:49 AJ?age 5 of 7
HP Public Sector Online Store
Server management
Integrated Lights Out 2 (iLO 2)
Standard Management
2 HP 1.83m 10A C13-UL US AF5S6A-XX2
Power Cords
Warranty
HP Standard Limited WarraRty-3.
Years Parts. and on-site Labor.
Next Business Day
HP Care Pack, 4 Years, 4 Hours, U8t18E
24x7, ProLiant DL380
$1,250.00
1
$1,250.00
Subtotal: $7,637.00
I
I
I
I Estimat&dLease Cost: $247.36
I
The terms and conditions of the CA - STATE OF CALlFO~NIA (WSCAII) will apply to any order placed
as a result of this inquiry, no other terms or conditions shall apply.
To access the HP Public Sector Online Store where this form was created, go to: http://gem.compaq.
com/gemstore/entry.asp?SiteID=12069 i
I
i
* The estimated lease cost is the monthly payment amount Ifor a lease commencing on or
before 2/1512008 with a term of 36 months and a fair mark~t value purchase option at the end of the
lease term. This and other leasing and financing options are available through Hewlett-Packard
I
Financial Service Company (HPFSC) or one of its affiliates Ito qualified education and state and local
customers in the U.S. and subject to credit approval and execution of standard HPFSC documentation.
Fees and other restrictions may apply. This is not a commitment to lease. Rates and payments are
subject to change at any time without notice. Leasing and financing options for Federal governmental
agencies (subject to a $50,000 minimum) are available from Hewlett-Packard Company. For more
information, call Hewlett-Packard Financial Services Company at 1-888-277-5942 and talk to a financial
services representative who specializes in supporting government and education entities.
* HP is not liable for pricing errors. If you place an order for a product that was incorrectly priced, we will
cancel your order and credit you for any charges. In the event that we inadvertently ship an order based
on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain
your authorization for the additional charge, or assist you with return of the product. If the pricing error
results in an overcharge to you, HP will credit your account for the amount overcharged.
Agenda Item No. 18
http://gem.compaq.comlgemstore/gemcartlprintpage.as...ge=cart&printview=yes&oi=E9CED&showToss=Y &showSB20= (2 00)1/16/2008 7:24:49 ABage 6 of 7
Zones: Connecting Businesses and Technology
,,-ZONIES~-
800-335-4407 I Logout I Order Status I My Account I Checkout
Connecting Businesses and
Technology
. More Zones
- Small Business
- Mac Zone
- Creative Pro
- Public Sector
- Clearance
Open Quotes
This detail shows the last quote you submitted. An Account Executive has not yet responded. Click
"BACK" to return to the quote history page, or click "CONTINUE SHOPPING" to go to the home
page.
. Resources
- Logout
- My Account
- Customer Service
- MBE Certification
- Leasing Programs
- Rebate Information
- RMA Request
- Webinars
- Storage Solutions
Item# Description Mfr Part # Status Unit Price Qty. Ext. Price Requested Price
SQL I
SERVER i
STANDARD 228-04023 ! IN $1697.98 1 $1697.98 $1697.98
01485750 ED 2005 5 STOCK
CD/DVD 5
CLIENT
YOUR NOTES
YOUR QUOTE TOTAL: $ 1697.98
. Technology News
- Licensing Newsletter
- Security Newsletter
- Microsoft 6/50 Financing
Promotion
- NEW! CA Integrated
Threat Management r8
- HP Printers and Scanners
Buyer's Guide
Continue Shopping ,0
Recyde. Refresh.. Reward.
r J Trode In ANY
- , loser Printer
:;,~,,} '; ~~~
<:lid: Herr, to l_n Mev..
About Us I Investor Relations I Terms and Conditions I Careers I Rebates I Privacy
Copyright 1996 - 2008 Zones, Inc
http://www.zones.coml.i.e/quo.e!open.html.lquote_id=30 17020661/16/2008 6:53 :40 AM
Agenda Item No. 18
Page 7 of 7
CITY OF ~
LAI(f: ,6,LSiNORf:
~.~ DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: CONSERVATION EASEMENT WITH COVENANTS AFFECTING REAL
PROPERTY IN CONNECTION WITH TOYOTA PROJECT
Backaround
The City Council approved the development of a Toyota Sales & Service Facility (the
"Toyota Project"). Condition of Approval No. 36 to the Toyota Project requires that
Toyota comply with all mitigation measures identified in the Mitigation Monitoring
Program for MND No. 2005-06 (the "Toyota MMP"). The Toyota MMP requires that
Toyota set-aside three (3) acres of land in perpetuity for conservation purposes to
mitigate for habitat impacts associated with the Toyota Project.
Discussion
The Toyota Project will be developed on property to be purchased by Toyota from the
Auto Group ("Seller/Grantor"). As a condition to the close of escrow, Toyota has
required the Seller/Grantor to satisfy Condition of Approval No. 36. The Seller/Grantor
has offered to dedicate to the City a Conservation Easement over a 6.03 acre parcel
adjacent to the Toyota site (the "Easement Property"). The Easement Property
possesses wildlife and habitat values that are consistent with the habitat conservation
purposes of the Western Riverside County Multiple Species Habitat Conservation Plan
("MSHCP"). The Conservation Easement provides for the preservation and protection
of the conservation values of the Easement Property in perpetuity in satisfaction of
Condition of Approval No. 36.
In addition, this Conservation Easement provides mitigation up to 3.04 acres, or the
balance of what is not used for Conservation purposes in satisfaction of Condition of
Approval No. 36 for the Toyota Project, for a project proposed by Seller/Grantor on an
adjacent parcel.
The Conservation Easement imposes specific obligations on the Seller/Grantor
including responsibilities for all maintenance, protection, preservation and related costs.
Seller/Grantor is also required to continue pursuing donation of the Easement Property
Agenda Item No. 19
Page 1 of 25
Conservation Easement With Covenants Affecting Real Property
January 22, 2008
Page 2
to the Riverside Conservation District ("RCD"). In the event RCD accepts the donation,
the City will release the Conservation Easement.
Fiscal Impact
The Grantee is responsible for all maintenance and related costs associated with the
Conservation Easement. There are no costs incurred by the City. Dedication of the
Conservation Easement satisfies the condition precedent to Toyota's purchase of the
property and facilitates the development of the Toyota Project.
Recommendations
Accept Dedication of the Conservation Easement With Covenants Affecting Real
Property, authorize the City Manager to execute the Certificate of Acceptance, and
instruct the City Clerk to record the Easement in the official land records of Riverside
County upon approval by the City Attorney.
Prepared by:
Barbara Leibold
City Attorney
Robert A. BradY/l~
City Manager ~l.tl-J
Approved by:
Agenda Item No. 19
Page 2 of 25
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attn: City Clerk
Exempt from recording fee
Govt. Code 6103
MSHCP APN 363-13-085
Space Above Line for Recorder's Use Only
CONSERVATION EASEMENT
WITH COVENANTS AFFECTING REAL PROPERTY
THIS CONSERVATION EASEMENT WITH COVENANTS AFFECTING REAL
PROPERTY dated this _day of January, 2008, by CASINO ONE JEC, LLC, a California
limited liability company, CASINO TWO JRW, LLC, a California limited liability company,
CASINO THREE JHF, LLC, a California limited liability company, CASINO FOUR SMC,
LLC, a California limited liability company, and LOWSPEED, LLC, a California limited
liability company, (collectively, "Grantor"), in favor of the CITY OF LAKE ELSINORE, a
California municipal corporation, ("Grantee") is entered into with reference to the facts
recited below. Grantor and Grantee are collectively referred to herein as the "Parties".
RECITALS
A. Grantor is the sole owner in fee simple of real property legally described on
Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated by this reference
(the "Easement Property"), which consists of approximately 6.03 acres.
B. The Easement Property possesses wildlife and habitat values (collectively,
"Conservation Values") of importance to Grantee and the people of the State of California
which are consistent with the habitat conservation purposes of the Western Riverside
County Multiple Species Habitat Conservation Plan ("MSHCP");
C. The Easement Property is within the Elsinore Area Plan, Subunit 3, Criteria
Cell 4743 of the Multiple Species Habitat Conservation Plan (MSHCP). This Cell includes
criteria pertaining to the contribution of lands to Proposed Linkage 8 (San Jacinto River)
and Proposed Extension of Core 3 (Lake Elsinore Soils). The Easement Property would
contribute 6.03 acres to Proposed Linkage 8 and would provide intact habitat for MSHCP
planning species, as it is in good condition and would contribute to assembling an intact
linkage. It would also contribute to the linkage focusing on riparian scrub and woodland
habitats along the river in the southeast corner of the Cell. The Easement Property lies
within the 1 OO-year floodplain of the San Jacinto River and consists of the following riparian
habitats: arrowweed scrub, willow scrub, willow woodland, open water, and gravel bars.
- 1 -
Agenda Item No. 19
Page 3 of 25
D. Grantee approved the development of a Toyota Sales & Service facility (the
"Toyota Project") on a parcel of land commonly identifiable as Assessor's Parcel Number
363-013-086, which is adjacent to the Easement Property. Condition of Approval No. 36 to
the Toyota Project requires that Toyota comply with all mitigation measures identified in the
Mitigation Monitoring Program for MND No. 2005-06 (the "Toyota MMP"). The Toyota
MMP requires that Toyota set-aside three (3) acres of land in perpetuity for conservation
purposes to mitigate for habitat impacts associated with the Toyota Project. This
Conservation Easement provides mitigation for certain impacts of the Toyota Development.
E. In addition, this Conservation Easement provides mitigation up to 3.04 acres,
or the balance of what is not used for Conservation purposes in satisfaction of Condition of
Approval No. 36 for the Toyota Project, for a project proposed by Grantor on an adjacent
parcel commonly identifiable as Assessor's Parcel No. 363-013-087 (the "Auto Group
Site").
F. This Conservation Easement is intended and upon execution and delivery by
Grantor to Grantee shall be deemed to satisfy such part of Condition of Approval No. 36 for
the Toyota Project related to the three (3) acre set aside mitigation.
G. In accordance with the terms contained in this Conservation Easement,
Grantor will remain responsible for the obligations contained herein until all of Grantor's
Duties pertaining to the Easement Property have been satisfied, after which time the
recipient of the donation of the Easement Property will be responsible for the terms
contained herein.
H. Grantee is authorized to hold conservation easements pursuant to Civil Code
Section 815.3. Specifically, Grantee is an entity identified in Civil Code Section 815.3 and
otherwise authorized to acquire and hold title to real property; and
I. Grantee agrees by accepting this grant to honor the intentions of Grantor
stated herein to preserve and protect in perpetuity the Conservation Values of the
Easement Property in accordance with the terms of this Conservation Easement.
COVENANTS, TERMS. CONDITIONS AND RESTRICTIONS
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and pursuant to California law, including Civil Code Section 815, et seq.,
Grantor hereby voluntarily CONTRIBUTES, GRANTS and CONVEYS to Grantee a
conservation easement over and across the Easement Property of the nature and
character and to the extent hereinafter set forth ("Conservation Easement"). This
Conservation Easement shall bind the Grantor unconditionally and in perpetuity. This
Conservation Easement shall run with the land and be binding on Grantor's heirs,
successors, administrators, assigns, lessees, and other occupiers or users of the
Easement Property or any portion of it.
1. Definitions. Any capitalized term not otherwise defined herein shall carry the
same meaning and definition as that term is used and defined in the MSHCP.
- 2 -
Agenda Item No. 19
Page 4 of 25
2. Purpose. The purpose of this Conservation Easement is to ensure that
Grantor satisfies Condition of Approval No. 36 to the Toyota Project and that the Easement
Property will be retained in perpetuity in a natural condition and to prevent any use of the
Easement Property that will impair or interfere with the Conservation Values of the
Easement Property. Grantor intends that this Conservation Easement will confine the use
of the Easement Property to those activities that are consistent with the requirements of the
MSHCP. Grantor warrants that no easement presently encumbers the Easement Property
which conflicts with the purposes of this Conservation Easement. Grantor and Grantee
also understand and agree that this Conservation Easement will be recorded in Riverside
County, California.
3. Responsibility for Mitioation. The Parties explicitly agree that any mitigation
for activities of Grantor that is not the express obligation of Grantee pursuant to this
Conservation Easement, and any other mitigation set forth in the Toyota MMP and/or any
other regulatory permits, remains solely and entirely Grantor's responsibility. The Parties
further agree that Grantee shall not be liable, in law or equity, if the Conservation agreed to
under this Conservation Easement is determined in any way, by any person or agency, to
be insufficient for mitigation or regulatory compliance purposes under applicable statutes,
laws and regulations. If any regulatory agency, including but not limited to the ACOE,
and/or the California Department of Fish and Game, later determines that the mitigation as
set forth in the Toyota MMP is insufficient, Grantor, its heirs, estates, successors, and
assigns, shall be entirely responsible for satisfying any and all further obligations that may
be imposed. No responsibility or liability therefor shall accrue to Grantee.
4. Grantor's Duties. To accomplish the purposes of this Conservation Easement
as described in Section 2, Grantor, its successors and assigns shall:
a. Continue pursuing donation of the Easement Property to RCD.
Specifically, Grantor shall pay a Two Thousand Dollar ($2,000) non-refundable application
fee to RCD; submit a complete donation application to RCD, in such form as required by
RCD; request that RCD review the Habitat Mitigation Monitoring Program ("HMMP")
prepared for the Toyota Project; and complete any and all other tasks required by RCD
related to the donation of the Easement Property. Grantor shall provide Grantee with
notice of the close of the donation no later than five (5) business days after Grantor's
donation of the Conservation Property to RCD is complete.
b. In the event that RCD rejects Grantor's offer of dedication of the
Easement Property, Grantor shall offer donation of the Easement Property to the Grantee
with no reservation of rights by fee simple grant deed which Grantee may, in its sole
discretion, accept or elect to retain the rights and obligations as between the Parties as set
forth in this Easement.
c. Undertake all actions to prevent the unlawful entry and trespass by
persons whose activities may degrade or harm the Conservation Values of the Easement
Property. If requested by Grantee, install and maintain exclusionary fencing to prevent
unlawful entry. In addition, Grantor shall undertake all necessary actions to perfect
Grantee's rights under Section 3 of this Conservation Easement;
- 3 -
Agenda Item No. 19
Page 5 of 25
d. Comply with the terms of this Conservation Easement and cooperate
with Grantee in the protection of the Conservation Values;
e. Be responsible for implementation of any and all terms, conditions and
mitigation measures in the Toyota MMP;
f. Repair and restore damage to the Conservation Easement directly
caused by Grantor, Grantor's guests, representatives, employees or agents, and third
parties;
g. Erect and maintain signage and other notification features saying
"Natural Area Open Space," "Protected Natural Area," or similar descriptions that inform
persons of the nature and restrictions on the Easement Property. Prior to erection of such
signage, the Grantor shall submit detailed plans showing the location of such signs to the
Grantee for review and approval. The erection and maintenance of informative signage
and fencing shall not be in direct or potential conflict with the preservation of the natural
condition of the Easement Property or the purpose of this Conservation Easement and
shall be performed in compliance with all applicable laws, regulations, and permitting
requirements.
h. Perform Long-Term Maintenance of the Easement Property as
described in Section 20.
5. Prohibited Uses. Any activity on or use of the Easement Property
inconsistent with the purposes of this Conservation Easement is prohibited. Without
limiting the generality of the foregoing, the following uses by Grantor, Grantor's agents, and
third parties, are expressly prohibited:
a. All activities and uses which may adversely affect the purposes of this
Conservation Easement;
b. Use of off-road vehicles and use of any other motorized vehicles
except on existing roadways;
c. Depositing or accumulation of soil, trash, ashes, refuse, waste, bio
solids or any other materials;
d. Planting, introduction or dispersal of non-native or exotic plant or
animal species; and
e.
of the MSHCP.
All activities and uses that are otherwise inconsistent with the purposes
6. Grantee's Riahts. To accomplish the purposes of this Conservation
Easement, Grantor hereby grants and conveys the following rights to Grantee or its
designee:
Property;
a. To preserve and protect the Conservation Values of the Easement
- 4-
Agenda Item No. 19
Page 6 of 25
b. To enter upon the Easement Property in order to monitor Grantor's
compliance with and to otherwise enforce the terms of this Conservation Easement, and for
other purposes by Grantee or its designees, and
c. To enter upon the Easement Property to carry out management and
monitoring activities consistent with the MSHCP;
d. To prevent any activity on, or use of, the Easement Property that is
inconsistent with the purposes of this Conservation Easement or the MSHCP and to require
the restoration of such areas or features of the Easement Property that may be damaged
by any act, failure to act, or any use that is inconsistent with the purposes of this
Conservation Easement or the MSHCP;
e. All mineral, air and water rights necessary to protect and to sustain the
biological resources of the Easement Property;
f. All present and future development rights; and
g. The right to enforce by means, including, without limitation, injunctive
relief, the terms and conditions of this Conservation Easement; and
7. No Reservation of RiQhts. Grantor hereby acknowledges for itself and its
personal representatives, heirs, successors, and assigns, that it shall not reserve any rights
accruing from its ownership of the Easement Property, including the right to engage in or to
permit or invite others to engage in only those uses of the Easement Property which are
authorized or otherwise expressly permitted under this Conservation Easement.
8. Grantee's Remedies. If Grantee determines that Grantor or any successor is
in violation of the terms of this Conservation Easement or that a violation is threatened,
Grantee shall give written notice to Grantor of such violation and demand in writing the cure
of such violation. If Grantor fails to cure the violation within fifteen (15) days after receipt of
written notice and demand from Grantee, or if the cure reasonably requires more than
fifteen (15) days to complete and Grantor fails to begin the cure within the fifteen (15)-day
period or fails to continue diligently to complete the cure, Grantee may bring an action at
law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with
the terms of this Conservation Easement, to recover any damages to which Grantee may
be entitled for violation by Grantor of the terms of this Conservation Easement or for any
injury to the Conservation Values of the Easement Property, to enjoin the violation, ex parte
as necessary, by temporary or permanent injunction without the necessity of proving either
actual damages or the inadequacy of otherwise available legal remedies, or for other
equitable relief, including, but not limited to, the restoration of the Easement Property to the
condition in which it existed prior to any such violation or injury. Without limiting Grantor's
liability therefore, Grantee may apply any damages recovered to the cost of undertaking
any corrective action on the Easement Property.
If Grantee, in its sole discretion, determines that circumstances require immediate
action to prevent or mitigate damage to the Conservation Values of the Easement Property,
Grantee may pursue its remedies under this Section 8 without prior notice to Grantor or
without waiting for the period provided for cure to expire. Grantee's rights under this
- 5-
Agenda Item No. 19
Page 7 of 25
section apply equally to actual or threatened violations of the terms of this Conservation
Easement. Grantor agrees that Grantee's remedies at law for any violation of the terms of
this Conservation Easement are inadequate and that Grantee shall be entitled to the
injunctive relief described in this section, both prohibitive and mandatory, in addition to such
other relief to which Grantee may be entitled, including specific performance of the terms of
this Conservation Easement, without the necessity of proving either actual damages or the
inadequacy of otherwise available legal remedies. Grantee's remedies described in this
section shall be cumulative and shall be in addition to all remedies now or hereafter existing
at law or in equity, including but not limited to, the remedies set forth in Civil Code Section
815, et seq., inclusive. The failure of Grantee to discover a violation or to take immediate
legal action shall not bar Grantee from taking such action at a later time.
If at any time in the future Grantor or any subsequent transferee uses or threatens to
use the Easement Property for purposes inconsistent with this Conservation Easement
then, notwithstanding Civil Code Section 815.7, the California Attorney General or any
entity or individual with a justifiable interest in the preservation of this Conservation
Easement has standing as interested parties in any proceeding affecting this Conservation
Easement.
a. Costs of Enforcement. Any costs incurred by Grantee where Grantee
is the prevailing party, in enforcing the terms of this Conservation Easement against
Grantor, including, but not limited to, costs of suit and attorneys' and experts' fees, and any
costs of restoration necessitated by Grantor's negligence or breach of this Conservation
Easement shall be borne by Grantor.
b. Grantee's Discretion. Enforcement of the terms of this Conservation
Easement by Grantee shall be at the discretion of Grantee, and any forbearance by
Grantee to exercise its rights under this Conservation Easement in the event of any breach
of any term of this Conservation Easement by Grantor shall not be deemed or construed to
be a waiver by Grantee of such term or of any subsequent breach of the same or any other
term of this Conservation Easement or of any of Grantee's rights under this Conservation
Easement. No delay or omission by Grantee in the exercise of any right or remedy upon
any breach by Grantor shall impair such right or remedy or be construed as a waiver.
c. Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee to bring any action against Grantor for any
injury to or change in the Easement Property resulting from (i) any natural cause beyond
Grantor's control, including, without limitation, fire not caused by Grantor, flood, storm, and
earth movement, or (ii) any prudent action taken by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Easement Property resulting from such
causes; or (Hi) acts by Grantee or its employees.
d. Grantee's Right of Enforcement. All rights and remedies conveyed to
Grantee under this Conservation Easement shall extend to and are enforceable by the
Grantee, and its assignees.
9. Access. This Conservation Easement does not convey a general right of
access to the public or any future resident or owner of the Easement Property or any
adjacent landowners or a general right of access to the Easement Property. In particular,
no other owner of any interest in the Toyota Project shall have any right of access to the
- 6 -
Agenda Item No. 19
Page 8 of 25
Easement Property except as may be reasonably necessary to implement the grading plan
approved by Grantee or otherwise satisfy other conditions of approval of Grantee for the
Toyota Project; provided however, Grantee shall restore or cause such owners to restore
such areas or features of the Easement Property that may be damaged by any act, failure
to act, or any use that is inconsistent with the purposes of this Conservation Easement or
the MSHCP.. Access to the Easement Property shall be extremely limited.
10. Costs and Liabilities. Grantor, its estates, successors, and assigns remain
solely responsible for obtaining and complying with any applicable governmental permits
and approvals for any activity or use permitted by this Conservation Easement, and any
activity or use shall be undertaken in accordance with all applicable federal. state, local,
and administrative agency statutes, ordinances, rules, regulations, orders and
requirements. Grantor, its invitees, agents, contractors, consultants, heirs, estates,
successors, and assigns retain all responsibilities and shall bear all costs and liabilities of
any kind related to the ownership, operation, upkeep, and maintenance of the Easement
Property except those specifically accepted by Grantee under this Conservation Easement.
Grantee shall have no duty or responsibility for the operation or maintenance of the
Easement Property, the monitoring of hazardous conditions thereon, or the protection of
Grantor, the public or any third 'parties from risks relating to conditions on the Easement
Property, except as set forth with particularity herein.
11. No Hazardous Materials Liabilitv. Grantor represents and warrants that it has
no knowledge of any release or threatened release of Hazardous Materials (defined below)
in, on, under, about or affecting the Easement Property.
Despite any contrary provision of this Conservation Easement, the parties do not
intend this Conservation Easement to be, and this Conservation Easement shall not be,
construed such that it creates in or gives to Grantee any of the following:
a. The obligations or liabilities of an "owner" or "operator," as those terms
are defined and used in Environmental Laws (defined below), including, without limitation,
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or
b. The obligations or liabilities of a person described in 42 U.S.C. Section
9607(a)(3) or (4); or
c. The obligations of a responsible person under any applicable
Environmental Laws; or
d. The right to investigate and remediate any Hazardous Materials
associated with the Easement Property; or
e. Any control over Grantor's ability to investigate, remove, remediate or
otherwise clean up any Hazardous Materials associated with the Easement Property.
The term "Hazardous Materials" includes, without limitation, (a) material that is
flammable, explosive or radioactive; (b) petroleum products, including by-products and
fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic
- 7 -
Agenda Item No. 19
Page 9 of 25
substances, or related materials defined in CERCLA; Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.); the Hazardous Materials Transportation Act (49
U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health &
Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California
Health & Safety Code Section 25300 et seq.), and in the regulations adopted and
publications promulgated pursuant to them, or any other applicable federal, state or local
laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this
Conservation Easement.
The term "Environmental Laws" includes, without limitation, any federal, state, local
or administrative agency statute, ordinance, rule, regulation, order or requirement relating
to pollution, protection of human health or safety, the environment or Hazardous Materials.
Grantor represents, warrants and covenants to Grantee that Grantor's activities upon and
use of the Easement Property will comply with all Environmental Laws.
12. Hold Harmless. Grantor, its successors and assigns shall hold harmless,
indemnify, and defend Grantee and its directors, officers, employees, agents, contractors,
and representatives (collectively "Indemnified Parties") from and against any and all
liabilities, penalties, costs, losses, damages, expenses (including, without limitation,
reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders,
liens or judgments (each a "Claim" and, collectively, "Claims"), arising from or in any way
connected with:
a. Injury to or the death of any person, or physical damages to any
property, resulting from any act, omission, condition, or other matter related to or occurring
on or about the Easement Property, regardless of cause, unless due to the negligence of
any of the Indemnified Parties.
b. The obligations specified in Sections 4, 5, 10, and 13; and
c. The existence or administration of this Conservation Easement.
d. Any Hazardous Materials present, alleged to be present, or otherwise
associated with the Easement Property at any time, except any Hazardous Materials
placed, disposed or released by Grantee, its employees or agents.
If any action or proceeding is brought against any of the Indemnified Parties by
reason of any such Claim, Grantor shall, at the election of and upon written notice from
Grantee, defend such action or proceeding by counsel reasonably acceptable to Grantee or
reimburse the Grantee for attorneys fees and for all charges incurred for services of the
Attorney General or the U.S. Department of Justice in defending the action or proceeding.
13. Taxes: No Liens. Grantor, its successors and assigns shall pay before
delinquency all taxes, assessments, fees, and charges of whatever description levied on or
assessed against the Easement Property by competent authority (collectively "taxes"),
including any taxes imposed upon, or incurred as a result of, this Conservation Easement,
and shall furnish Grantee with satisfactory evidence of payment upon request. Grantor, its
successors and assigns shall keep Grantee's interest in the Easement Property free from
any liens, including those arising out of any obligations incurred by Grantor or any labor or
materials furnished or alleged to have been furnished to or for Grantor at or for use on the
- 8 -
Agenda Item No. 19
Page 10 of 25
Easement Property. Acceptance of this Conservation Easement is subject to Grantee's
approval, in its sole discretion, of the title report of the Easement Property provided by the
Grantor. Grantor shall pay for all charges in connection with issuance of an AL TA Owner's
Policy of Title Insurance in the amount of $
14. Liens Subordinated. Grantor represents that as of the date of this grant, there
are no liens or mortgages outstanding against the Easement Property, except any listed in
Exhibit "C" that are subordinated to Grantee's rights under this Conservation Easement. A
copy of the subordination agreement(s) is/are provided in Exhibit "D." Under no
circumstances may Grantee's rights be extinguished or otherwise affected by the recording,
foreclosure, or any other action taken concerning any subsequent lien or other interest in
the Easement Property.
15. Condemnation. The purposes of the Conservation Easement are presumed
to be the best and most necessary public use as qefined at Code of Civil Procedure
Section 1240.680 notwithstanding Code of Civil Procedure Sections 1240.690 and
1240.700. Nevertheless, if the Property is taken, in whole or in part, by exercise of the
power of eminent domain, Grantor and Grantee shall be entitled to compensation in
accordance with applicable law.
16. Assionment. This Conservation Easement is transferable by Grantee, but
Grantee may assign its rights and obligations under this Conservation Easement only to an
entity or organization authorized to acquire and hold conservation easements pursuant to
Civil Code Section 815.3. Grantee shall require the assignee to record the assignment in
the county where the Easement Property is located.
17. Subseauent Transfers.
a. By Grantee. This Conservation Easement is transferable by Grantee,
but Grantee may assign its rights and delegate obligations under this Conservation
Easement only to an entity or organization authorized to acquire and hold conservation
easements pursuant to Civil Code Section 815.3 (or any successor provision then
applicable) and only with the prior written approval of the Grantor and ACOE. Grantee
shall require the assignee to record the assignment in the county where the Property is
located.
b. By Grantor.
(i) The covenants, conditions, and restrictions contained in this
Conservation Easement are intended to and shall run with the land and bind all future
owners of any interest in the Property. Grantor, its successor or assign agrees to (i)
incorporate by reference to the title of and the recording information for this Conservation
Easement in any deed or other legal instrument by which each divests itself of any interest
in all or a portion of the Property, including, without limitation, a leasehold interest and (ii)
give actual notice to any such transferee or lessee of the existence of this Conservation
Easement. Grantor, its successor and assign agrees to give written notice to Grantee and
ACOE of the intent to transfer any interest at least forty-five (45) days prior to the date of
such transfer. The failure of Grantor, its successor or assign to perform any act provided in
-9-
Agenda Item No. 19
Page 11 of 25
this Section 177 shall not impair the validity of this Conservation Easement or limit its
enforceability in any way.
(ii) Upon conveyance of the Property to the RCD, (1) the District
shall assume all duties and obligations of the Grantor hereunder and (2) the Grantor named
herein shall be relieved of any and all ongoing obligations hereunder. Grantor agrees to
include language in the transfer agreement to the RCD that requires the RCD to
accomplish the following: (i) assume the obligations under this Conservation Easement
upon conveyance of the Property to the RCD; and (ii) perform an internal review each year
of the status of the land governed by this Conservation Easement and, in particular, the
RCD's full compliance with the terms of this Conservation Easement.
(Hi) Except as provided in Section 17 (b)(ii) above, from and after
the date of any transfer of all or any portion of the Property by Grantor and each transfer
thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of
Grantor as to the portion transferred, as set forth in this Conservation Easement, (ii) the
transferee shall be deemed to have accepted the restrictions contained herein as to the
portion transferred, (iii) the transferor, as applicable, shall have no further obligations
hereunder, and (iv) all references to Grantor in this Conservation Easement shall thereafter
be deemed to refer to such transferee.
18. Notices. Any notice, demand, request, consent, approval, or communication
that either party desires or is required to give to the other shall be in writing and be served
personally or sent by recognized overnight courier that guarantees next-day delivery or by
first class mail, postage fully prepaid, addressed as follows:
To Grantor:
CASINO ONE JEC, LLC, CASINO TWO JRW,
LLC, CASINO THREE JHF, LLC, CASINO FOUR
SMC, LLC, and LOWSPEED, LLC
450 West Vista Way
Vista, CA 92083
Attention: Adrian Kulinski
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attention: City Manager
To Grantee:
With Copy To:
Leibold McClendon & Mann, P.C.
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
Attention: Barbara Zeid Leibold
or to such other address as either party shall designate by written notice to the other.
Notice shall be deemed effective upon delivery in the case of personal delivery or delivery
by overnight courier or, in the case of delivery by first class mail, five (5) days after deposit
into the United States mail.
- 10-
Agenda Item No. 19
Page 12 of 25
19. Amendment. This Conservation Easement may be amended by Grantor and
Grantee only by mutual written agreement. Any such amendment shall be consistent with
the purposes of this Conservation Easement and shall not affect its perpetual duration.
Any such amendment shall be recorded in the official records of Riverside County, State of
California.
20. Long-Term Maintenance. In addition to the other terms contained herein,
Grantor shall be responsible for the ongoing maintenance/repair of the Easement Property.
Such long-term maintenance shall consist of the following activities:
a. Annual removal of trash or man-made debris;
b. (ii) Annual maintenance of any signage and other notification
features pursuant to Section 4.g and fencing, if any, pursuant to Section 4.a;
c. Annual restoration of the Easement Property damaged by any
activities prohibited by Section 5 herein.
Grantor, its successors and assigns shall prepare a monitoring and maintenance
report documenting activities performed under subsections (a) though (c) above, and shall
make reports available to the Grantee, ACOE and FWS upon request or as required.
When activities are performed pursuant to subsection (c) above, Grantor, its successors
and assigns, shall retain a qualified Biological Monitor to prepare a repair plan and to
oversee/monitor such repair activities. Grantor shall have its Biological Monitor submit a
draft repair plan to the Grantee, ACOE and FWS for review and written approval prior to its
implementation. Upon completion of repairs as specified in the approved repair plan,
Grantor shall have its Biological Monitor prepare a detailed monitoring report and shall
forward the report to the Grantee, ACOE and FWS within thirty (30) days of completion of
repair activities. Grantor, its successors or assigns and the Biological Monitor shall sign the
monitoring report, and the report shall document the Biological Monitor's name and
affiliation, dates Biological Monitor was present on-site, activities observed and their
location, Biological Monitor's observations regarding the adequacy of repair performance
by the Grantor, its successors or assigns, or its contractor in accordance with the approved
repair plan, corrections recommended and implemented.
21. Recordation. Grantor shall promptly record this instrument in the official
records of Riverside County, California and immediately notify the Grantee through the
mailing of a conformed copy of the recorded easement.
22. General Provisions.
a. Controllina Law. The interpretation and performance of this
Conservation Easement shall be governed by the laws of the State of California,
disregarding the conflicts of law principles of such state.
b. Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Conservation Easement shall be liberally construed in favor of and to
effect the purposes of this Conservation Easement and the policy and purpose set forth in
California Civil Code Section 815, et seq. If any provision in this instrument is found to be
- 11 -
Agenda Item No. 19
Page 13 of 25
ambiguous, an interpretation consistent with the purposes of this Conservation Easement
that would render the provision valid shall be favored over any interpretation that would
render it invalid.
c. Severabilitv. If a court of competent jurisdiction voids or invalidates on
its face any provision of this Conservation Easement, such action shall not affect the
remainder of this Conservation Easement. If a court of competent jurisdiction voids or
invalidates the application of any provision of this Conservation Easement to a person or
circumstance, such action shall not affect the application of the provision to other persons
or circumstances.
d. Entire Agreement. This instrument together with the attached exhibits
and any documents referred to herein sets forth the entire agreement of the parties with
respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Conservation Easement. No alteration or
variation of this instrument shall be valid or binding unless contained in an amendment in
accordance with Section 19.
e. No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any respect.
f. Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement shall be binding upon, and inure to the benefit of, the parties
hereto and their respective personal representatives, heirs, successors, and assigns and
shall constitute a servitude running in perpetuity with the Easement Property.
g. Termination of Riohts and Oblioations. A party's rights and obligations
under this Conservation Easement shall terminate upon transfer of the party's interest in
the Conservation Easement or Easement Property (respectively), except that liability for
acts or omissions occurring prior to transfer shall survive transfer.
h. Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect
upon its construction or interpretation.
i. Exhibits. All Exhibits referred to in this Easement are attached and
incorporated herein by reference.
j. Warranty. Grantor represents and warrants that there are no
outstanding mortgages, liens, encumbrances or other interests in the Easement Property,
which have not been expressly subordinated to this Conservation Easement, and that the
Easement Property is not subject to any other conservation easement.
k. Additional Easements. Grantor shall not grant any additional
easements, rights of way or other interests in the Easement Property (other than a security
interest that is subordinate to this Conservation Easement), or grant or otherwise abandon
or relinquish any water agreement relating to the Easement Property, without first obtaining
the written consent of Grantee. Grantee may withhold such consent if it determines that
the proposed interest or transfer is inconsistent with the purposes of this Conservation
- 12 -
Agenda Item No. 19
Page 14 of 25
Easement or will impair or interfere with the Conservation Values of the Easement
Property. This Section (k) shall not prohibit transfer of a fee or leasehold interest in the
Easement Property that is subject to this Conservation Easement and complies with
Sections 16 and 17.
I. Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each counterpart
shall be deemed an original instrument as against any party who has signed it. In the event
of any disparity between the counterparts produced, the recorded counterpart shall be
controlling.
rCONTlNUED ON FOLLOWING PAGEl
- 13-
Agenda Item No. 19
Page 15 of 25
IN WITNESS WHEREOF Grantor has executed this Conservation Easement the day
and year first above written and have agreed to be bound by the terms and provisions
hereof.
GRANTOR:
CASINO ONE JEC, LLC
CASINO TWO JRW, LLC
By:
Its:
CASINO THREE JHF, LLC
CASINO FOUR SMC, LLC
"
~;:' ~~ i_ . ?{;:'
LOWSPEED, LLC
By:
Its:
~:ro~a~ ~
By: AvIft4f\/ /(rltW5A1
Name
Counsel for Grantor
-
-
----....
- 14-
Agenda Item No. 19
Page 16 of 25
STATE OF CALIFORNIA
COUNTY OF 5th ~ ()
)
)ss
)
On (P (015 I2t;;c' ,
personally appeared , who proved to me on the
basis of satisfactory e ence to be the person~ hose name~ is/are-subscribed to
the within instrument and acknowled~ed to me that he/3Rc/tney executed the same in
his/he:Jilheir authorized capacity(~, and that by his/Her/their signatureGS5 on the
instrument the person(,s1', or the entity upon behalf of which the person()1 acted,
executed the instrument.
I certify under PENAL TV OF PERJURY under the laws of the state of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
rQ DONNA J. PLUMS 1
; Commission #1667500<
~ Notary Public - Callfornll~
San Diego County ~
l My Commission Exp. May 14, 2010 t
a~...'.
,/
i
A '
Signature .
Agenda Item No. 19
Page 17 of25
STATE OF CALIFORNIA
COUNTY OF J,071 ()/<;CJ U
,
)
)ss
)
On 0 t!tc
,
personally appeared , who proved to me on the
basis of satisfactory dence to be the person whose nam~) is/afe-subscribed to
the within instrument and acknowled)Jed to me that he/she/they executed the same in
his/her/their authorized capacity~), and that by his/her/thoir signatur~ on the
instrument the person0, or the entity upon behalf of which the perso~ acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
r." ~O~NA J~ ~~UMB J
I Commission #1 667S00~
Notlry Public. CIllfomlam
Sin Diego County ,.
l My omml..lon Exp. May 14. 2010 I
~'
42~....... /
Signature
Agenda Item No. 19
Page 18 of 25
STATE OF CALIFORNIA
COUNTYOF_bAw{O
)
)ss
)
11;/; c.-
,
, who proved me on the
basis of satisfactory (je to e the person(.S) whose name~ is/8fe subscribed to
the within instrument and acknow~edged to me that he/3R~/t1ley executed the same in
his/her/their authorized capacity(~, and that by his/her/their signatur~) on the
instrument the person~ or the entity upon behalf of which the perso~ acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
DONNA J. PLUMB
Cornmllllonlll1667S00 <
Notary PI/bile . Cllltomla~
SIn Oligo County ~
M1 Ommtlllon Ellp, MIY 14, 2010
~
A?z- . '-- --
Signature "
Agenda Item No. 19
Page 19 of 25
STATE OF CALIFORNIA
COUNTY OF J4/Y7 d!dr tJ
)
)ss
)
On 1~(P0P: -r mb IU fi~!~,
personafly appeared , who proved t me on the
basis of satisfactory evi ence to be the person whose name~ is.lafe-subscribed to
the within instrument and acknowledgyd to me that he/sheftney executed the same in
his/l,e.lll,eil authorized capacity(i~ and that by his/hef)'tneir signature~ on the
instrument the person~~'), or the entity upon behalf of which the perso!l~) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
fe' DONNA J. pl.UMB 1
Commission 1111 8117ICC
i Notary Public . C.llfornl.
> 5.n 01'"0 County
My Commission Exp. May 14,2010
~/;;;I--
Signature
Agenda Item No. 19
Page 20 of 25
STATE OF CALIFORNIA
COUNTY OF _~q'7 /..0" lfO
)
)ss
)
On 1//ft@<6 , before me,ft1vYltJ '7. flwmj,'-lJ.h~ IZtAr:--
personally appeared S C crrr (};( Do.) L F V ,who proved to e on the
basis of satisfactory evidence to be the person~ whose namf?('s) is/aFt!" subscribed to
the within instrument and acknowledged to me that he/5tIt:lltfiey executed the same in
his/l\erltheir authorized capacity(iEJ.8i, and that by his/herltl,eil signature#) on the
instrument the person~, or the entity upon behalf of which the person~ acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
. DONNA J. PLUMB
Commlulon *'667 500 ~
Notlry Public, Callfomlam
Sin D~8o County .
M~ om_loti Ellp. Mey 14. 2010
~~4
Signature
Agenda Item No. 19
Page 21 of 25
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by CASINO ONE JEC,
LLC, a California limited liability company, CASINO TW JRW, LLC, a California limited
liability company, CASINO THREE JHF, LLC, a California limited liability company,
CASINO FOUR SMC, LLC, a California limited liability company, AND LOWSPEED,
LLC, a California limited liability company on the Conservation Easement dated January
_' 2008, to the City of Lake Elsinore ("Grantee"), is hereby accepted by the
undersigned officer on behalf of the Grantee.
GRANTEE:
CITY OF LAKE ELSINORE, a California
municipal corporation
Date:
By:
Signature
Name
Title
Approved as to Form
By:
Barbara Zeid Leibold,
City Attorney
Agenda Item No. 19
Page 22 of 25
STATE OF CALIFORNIA )
)ss
COUNTY OF )
On , before me, ,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Agenda Item No. 19
Page 23 of 25
Exhibit A
Legal Description of the Easement Property
THAT PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT 04-01, RECORDED
01/13/05, AS INSTRUMENT NO. 00353735, O.R., BEING A PORTION OF
FRACTIONAL SECTION 9, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHERN MOST CORNER OF PARCEL 3 OF PARCEL
MAP NO. 26890; AS SHOWN BY PARCEL MAP ON FILE IN BOOK 177, PAGES 96
AND 97 OF PARCEL MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA, SAID CORNER BEING ON THE SOUTHWESTERLY RIGHT OF WAY
LINE OF OLD STATE HIGHWAY 71; THENCE ALONG SAID RIGHT-OF-WAY SOUTH
44014'44" EAST, 495.37 FEET; THENCE SOUTH 45045'16" WEST 20.00 FEET;
THENCE SOUTH 44014'44" EAST, 50.00 FEET; THENCE NORTH 45045'16" WEST
20.00 FEET; THENCE SOUTH 44014'44" EAST, 240.02 FEET; THENCE SOUTH
03052'42" EAST, 131.24; THENCE SOUTH 40040'10" EAST, 36.75 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE SOUTH 40040'10" EAST, ALONG NORTHERLY LINE OF SAID PARCEL "A",
240.11 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 10039'59" WEST,
576.25 FEET TO THE NORTHEASTERLY MOST CORNER OF PARCEL "B". OF SAID
LOT LINE ADJUSTMENT; THENCE ALONG THE FOLLOWING THIRTEEN
COURSES:
1. NORTH 72021'12" WEST, 50.70 FEET
2. NORTH 41057'06" WEST, 160.69 FEET
3. NORTH 25029'17" WEST, 41.30 FEET
4. NORTH 11029'50" WEST, 62.83 FEET
5. NORTH 06024'32" WEST, 35.90 FEET
6. NORTH 08000'44" EAST, 72.85 FEET
7. NORTH 21043'36" EAST, 89.85 FEET
8. NORTH 21043'36" EAST, 94.00 FEET
9. NORTH 20018'50 EAST, 19.52 FEET
10. NORTH 11022'31" EAST, 67.10 FEET
11. NORTH 23023'46" EAST, 130.36 FEET
12. NORTH 25010'56" WEST, 23.61 FEET
13. NORTH 05022'13" EAST, 15.30 FEET TO THE TRUE POINT OF BEGINNING.
Agenda Item No. 19
Page 24 of 25
Exhibit B
Map of Property
[See Attached]
Agenda Item No. 19
Page 25 of25
CITY OF .~
LAI(J:: ,6,LSiNORI:
'iJ;t.~ DREAM EXtREME",
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JANUARY 22,2008
SUBJECT: PUBLIC HEARING - APPROVING THE FORMATION OF CFD 2007-6
(HOLIDAY INN EXPRESS); CALLING A SPECIAL ELECTION;
CANVASSING ELECTION RESULTS; AUTHORIZING LEVY OF
SPECIAL TAXES
Backaround
The developer for the Holiday Inn Express, located on Canyon Estates Drive, has
submitted a petition for the establishment of a Community Facilities District for their
development. As was negotiated between the developer and the property owners
within CFD No. 98-1 (Summerhill), taxes generated in the new CFD would be used to
reduce the annual special tax levy in CFD No. 98-1.
Discussion
The developer has agreed to create a new CFD to generate an initial annual tax levy of
$5,000 for FY 2008-09, which will escalate 2% per year, until bonds have been satisfied
in CFD No. 98-1 or FY 2047-48, which ever comes first.
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
There will be no bond issue in this CFD.
Agenda Item No. 20
Page 1 of 54
Resolution Approving the Formation of CFD 2007-6
January 22, 2008
Page 2
Fiscal Impact
Annual administrative expenses may be funded through the special annual tax levy.
Repayment of the bonds is 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.
Recommendations
1. Open the public hearing and take testimony.
2. Close the public hearing.
3. Waive further reading and adopt a resolution approving the formation of the
District.
4. Waive further reading and adopt a resolution calling a special election.
5. 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.
6. Waive further reading and adopt a resolution ordering canvassing of the election
results.
7. Waive further reading and introduce an ordinance acting as the legislative body
of the City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn
Express) authorizing the levy of special tax.
Prepared by:
Matt N. Presse~
Director of Adm~ative Services
Robert A. Brady~lV
City Manager W
Approved by:
Agenda Item No. 20
Page 2 of 54
~
<i
t:'-.
PROPOSED BOUNDARY OF
COMMUNITY FACILITIES DISTRICT No. 2007-6
OF THE CITY OF LAKE ELSINORE
(HOLIDAY INN EXPRESS)
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
l<)
U
C1;1;
rO;1;
(Sl:
1lf:
SUR
SCALE: 1"= 30'
...
FlL 0 IN E OL~ THE CITY CLERK OF THE CITY OF LAKE ELSINORE THIS -C. DAY OF -::r""-~---r
CI CL RK OF THE CITY OF LAKE ELSINORE
I HEREBY CERTIfY THAT THE WITHIN MAP SHOlMNG THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
NO. 2007-6 (HOLIDAY INN EXPRESS), CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CAliFORNIA WAS
fOVEO BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE: AT A REGULARLY SCHEDULED MEETING THEREOF,
H LO ON rE ~ DAY OF b"ILt!""A."~ 2007. BY ITS RESOLUTION No.~
L_,.
CITY CLERK OF THE CITY OF LAKE ELSINORE
f-
W
W
0::::
f-
C/)
~
<(
>
0::::
Q
2008
FILED THIS ~ DAY OF Ja./IIJOIt.!(, 2008. AT THE HOUR OF~:OO O'CLOCK.Jr.M. IN BOO~OF MAPS
Of ASSESSMENT AND COMMUNITY FACIO TIES DISTRICTS PAGE NOS.nTHRDUGH - AS INSTRUMENT NQ. -
'~ '"" om~E OF THE ClUNT': RE~DER IN THE COUNTY OF RIVERSIDE, STATE OF CAliFORNIA. ca ur.. 3
i7J~ 12~ .
LARRY W. WARD FEE s~
ASSESSOR-COUNTY CLERK-RECORDER
COUNTY Of RIVERSIDE
REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION Of PARCEL LINES AND DIMENSIONS
VICINITY MAP
NO SCALE
PROPOSED BOUNDARY MAP
WlWJl
_HARRIS & ASSOCIATES
34 Executive Park, Sull. 150
_lrvin"CA 92614
(949) 655-3900 . fAX (949) 655-3,995
Community FaciliUel!l District No. 2007-6
of the City of Lake Elsinore
(Holiday Inn Express)
County of Riverside, California
DISTRICT BOUNDARY
11/27/07
Sheet 1 OF 1
Q: \ELSlNORE\CF1> 2007-8 (Hal
,No. 20
Page 3 of 54
RESOLUTION NO.
A RESOLUTION OF FORMATION OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS
AND ESTABLISHING CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-6
(HOLIDAY INN EXPRESS)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the
"City") has heretofore adopted Resolution No. 2007-205 ("Resolution of Intention")
stating its intention to form City of Lake Elsinore Community Facilities District
No. 2007-6 (Holiday Inn Express) (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
WHEREAS, at said hearing all persons not exempt from 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, California,
does hereby resolve 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. 2007-6 (Holiday Inn Express)" is hereby established
pursuant to the Act.
Section 3. The description and map of the boundaries of the CFD on file in the
City 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
1
Agenda Item No. 20
Page 4 of 54
Riverside County, California (Book 72 of Maps of Assessment and Community Facilities
District at page 73 and as Instrument No. 2008-0013363).
Section 4. The facilities proposed to be financed by the CFD are public
infrastructure facilities and other governmental facilities with an estimated useful life of
five years or longer, which the CFD is 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, without
limitations, grading, street improvements, domestic water, sanitary sewer and parks and
recreation facilities, and related costs including design, inspections, professional fees,
annexation fees, connection fees and acquisition costs (the "Facilities"). Such Facilities
need not be physically located within the CFD.
Section 5. Except where funds are otherwise available, it is the intention of the
Council to levy annually in accordance with procedures contained in the Act a special
tax (the "Special Tax") sufficient to pay for the costs of financing the acquisition and/or
construction of the Facilities, including the principal of and interest on the bonds 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.
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 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.
2
Agenda Item No. 20
Page 5 of 54
Section 6. 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
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.
Section 7. The proposed Special Tax to be levied in the CFD has not 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 8. 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 Special Tax:
(a) Such Special Tax shall be levied for the specific purposes set forth herein.
(b) The proceeds of the levy of such 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 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.
Section 9. 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 Special Tax levy obligations by
assessor's parcel number and for estimating future Special Tax levies pursuant to
Section 53340.1 of the Government Code.
Section 10. The voting procedure with respect to the imposition of the Special
Tax shall be by hand delivered or mailed ballot election.
Section 11. 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 on the
levy of the Special Tax.
Section 12. This Resolution shall take effect from and after the date of its
passage and adoption.
3
Agenda Item No. 20
Page 6 of 54
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 22nd day of January 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
4
Agenda Item No. 20
Page 7 of 54
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City of
Lake Elsinore, California, at a regular meeting held on the 22nd day of January 2008,
and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
5
Agenda Item No. 20
Page 8 of 54
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2007-6
OF THE CITY OF LAKE ELSINORE
(HOLIDAY INN EXPRESS)
The following sets forth the Rate and Method of Apportionment for the levy and collection
of Special Taxes of the City of Lake Elsinore Community Facilities District No. 2007-6
(Holiday Inn Express) ("CFD No. 2007-6"). The Special Tax shall be levied on and
collected each Fiscal Year, in an amount determined through the application of the Rate
and Method of Apportionment described below. All of the real property within CFD No.
2007 -6 unless exempted by law or by the provisions hereof, shall be taxed for the
purposes, to the extent, and in the manner herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the
land area shown on the applicable Final Map, parcel map, condominium plan, or other
recorded County parcel map or similar instrument. The square footage of an Assessor's
Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being
Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are
included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year
in which the Special Tax is being levied, and (ii) that have not been issued a building permit
on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel Number valid at the time the Special Tax is enrolled for the
Fiscal Year for which the Special Tax is being levied.
"Assessor's Parcel Map" means an official map of the Assessor of the County
designating parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by
the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D
below.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
P~ge 9 of 54
"Backup Special Tax" means the Special Tax of that name described in Section E below.
"Bonds" means any obligation to repay a sum of money, including obligations in the form
of bonds, notes, certificates of participation, long-term leases, loans from government
agencies, or loans from banks, other financial institutions, private businesses, or
individuals, or long-term contracts, or any refunding thereof, to which Special Taxes for
Facilities within CFD No. 2007-6 have been pledged.
"Calendar Year" means the period commencing January 1 of any year and ending the
following December 31.
"CFD Administrator" means an official of the City, or designee thereof, responsible for (i)
determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax
Requirement for Services, as defined in Section L, as applicable, and (iii) providing for the
levy and collection of the Special Taxes.
"CFD No. 2007-6" means Community Facilities District No. 2007-6 (Holiday Inn Express)
established by the City under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the
Legislative Body of CFD No. 2007-6, or its designee.
"County" means the County of Riverside.
"Developed Property" means all Assessor's Parcels of Taxable Property, not classified as
Approved Property, Undeveloped Property, Provisional Undeveloped Property that are not
Exempt Property pursuant to the provisions of Section I. below: (i) that are included in a
Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the
Special Tax is being levied, and (ii) a building permit for new construction has been issued
on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Exempt Property" means all Assessor's Parcels designated as being exempt from
Special Taxes pursuant to Section I, below.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or
lot line adjustment, pursuant to the Subdivision Map Act (California Government Code
Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil
Code 1352 that creates individual lots for which building permits may be issued without
further subdivision.
"Fiscal Year" means the period commencing on July 1 of any year and ending the
following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
P>a~1 0 of 54
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C, that can be levied by CFD No. 2007-6 in any Fiscal Yearon any Assessor's
Parcel.
"Proportionately" means that the ratio of the actual Special Tax levy to the applicable
Assigned Special Tax is equal for all applicable Assessor's Parcels. In case of Developed
Property subject to the apportionment of the Special Tax under step four of Section F,
"Proportionately" in step four means that the quotient of (a) actual Special Tax less the
Assigned Special Tax divided by (b) the Backup Special Tax less the Assigned Special
Tax, is equal for all applicable Assessor's Parcels.
"Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property
that would otherwise be classified as Exempt Property pursuant to the provisions of
Section I, but cannot be classified as Exempt Property because to do so would reduce the
Acreage of all Taxable Property below the required minimum Acreage set forth in Section I.
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2007-6
pursuant to the Act.
"Special Tax Requirement" means $5,000 for FY 2008-09, and on each July 1,
commencing July 1, 2009, shall be increased by two percent (2.00%) of the amount in
effect in the prior Fiscal Year.
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 2007-
6, which have are not Exempt Property.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property, Approved Property or Provisional Undeveloped Property.
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2008-09, each Assessor's Parcel within CFD
No. 2007-6 shall be classified as Taxable Property or Exempt Property. In addition, each
Assessor's Parcel of Taxable Property shall be further classified as Developed Property,
Approved Property, Undeveloped Property or Provisional Undeveloped Property.
SECTION C
MAXIMUM SPECIAL TAX FOR FACILITIES
1. Developed Property
The Maximum Special Tax for each Assessor's Parcel of Developed Property in any
Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup
Special Tax.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
~e311 of 54
2. Approved Property. Undeveloped Property and Provisional Undeveloped
Property
The Maximum Special Tax for each Assessor's Parcel classified as Approved
Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal
Year shall be the applicable Assigned Special Tax.
SECTION D
ASSIGNED SPECIAL TAX FOR FACILITIES
1. Developed Property
Each Fiscal Year, each Assessor's Parcel of Developed Property shall be subject to
an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's
Parcel of Developed Property for Fiscal Year 2008-09 shall be $3,401.36 per Acre.
2. Approved Property. Undeveloped Property and Provisional Undeveloped
Property
Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped
Property and Provisional Undeveloped Property shall be subject to an Assigned
Special Tax. The Assigned Special Tax rate for an Assessor's Parcel classified as
Approved Property, Undeveloped Property and Provisional Undeveloped Property for
Fiscal Year 2008-09 shall be $3,401.46 per Acre.
3. Increase in the Assianed Special Tax
On each July 1, commencing July 1, 2009, the Assigned Special Tax rate for
Developed Property, Approved Property, Undeveloped Property and Provisional
Undeveloped Property shall be increased by two percent (2.00%) of the amount in
effect in the prior Fiscal Year.
SECTION E
BACKUP SPECIAL TAX
The Backup Special Tax shall be calculated annually based on the annual Special Tax
Requirement. The Special Tax Requirement shall be apportioned to each Assessor's
Parcel based on Acreage.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
P'a~412 of 54
SECTION F
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2008-09 and for each subsequent Fiscal Year, the City Council
shall levy Special Taxes on all Taxable Property in accordance with the following steps:
Step One: The Special Tax shall be levied on each Assessor's Parcel of Developed
Property at up to 100% of the Maximum Special Tax rates for Developed
Property. If the amount of Special Taxes generated is greater than the
Special Tax Requirement, the Special Taxes for each Assessor's Parcel
shall be reduced Proportionately until the total Special Taxes equal the
Special Tax Requ'irement.
Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after
the first step has been completed, the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Approved Property at up to
100% of the Maximum Special Tax applicable to each such Assessor's
Parcel as needed to satisfy the Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after
the first two steps have been completed, the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property up to
100% of the Maximum Special Tax applicable to each such Assessor's
Parcel as needed to satisfy the Special Tax Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after
the first three steps have been completed, then the Special Tax on each
Assessor's Parcel of Developed Property whose Maximum Special Tax is the
Backup Special Tax shall be increased Proportionately from the Assigned
Special Tax up to 100% of the Backup Special Tax as needed to satisfy the
Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after
the first four steps have been completed, the Special Tax for Facilities shall
be levied Proportionately on each Assessor's Parcel of Provisional
Undeveloped Property up to 100% of the Maximum Special Tax applicable to
each such Assessor's Parcel as needed to satisfy the Special Tax
Requirement.
SECTION G
PREPAYMENT OF SPECIAL TAX
Prepayment of the special tax shall not be permitted.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
P~tre ~ 3 of 54
SECTION H
TERMINATION OF SPECIAL TAX
The Special Tax shall cease not later than the 2047-2048 Fiscal Year, however, the
Special Taxes 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 Bonds for which the
Special Tax has been pledged have been paid; (ii) all authorized facilities for CFD No.
2007-6 have been acquired, (iii) no delinquent Special Taxes remain uncollected and (iv)
all other obligations of CFD No. 2007-6 have been satisfied.
SECTION I
EXEMPTIONS
The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which
are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the
State of California, Federal or other local governments, including school districts, (ii)
Assessor's Parcels which are used as places of worship and are exempt from ad valorem
property taxes because they are owned by a religious organization, (iii) Assessor's Parcels
which are owned by, irrevocably offered for dedication, encumbered by or restricted in use
by a homeowners' association, (iv) Assessor's Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement, (v)
Assessor's Parcels which are privately owned and are encumbered by or restricted solely
for public uses, or (vi) Assessor's Parcels restricted to other types of public uses
determined by the City Council, provided that no such classification would reduce the sum
of all Taxable Property to less than 1.47 Acres.
Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as
Exempt Property if such classification would reduce the sum of all Taxable Property to less
than 1.47 Acres. Assessor's Parcels which cannot be classified as Exempt Property
because such classification would reduce the Acreage of all Taxable Property to less than
1.47 Acres will be classified as Provisional Undeveloped Property, and will be subject to
Special Taxes pursuant to Step Five in Section F.
SECTION J
MANNER OF COLLECTION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided, however, that CFD No. 2007-6 may collect Special
Taxes 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.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
P'a~14 of 54
SECTION K
APPEALS
Any property owner claiming that the amount or application ofthe Special Tax is not correct
may file a written notice of appeal with the CFD Administrator not laterthan twelve months
after having paid the first installment of the Special Tax that is disputed. The CFD
Administrator shall promptly review the appeal, and if necessary, meet with the property
owner, consider written and oral evidence regarding the amount of the Special Tax, and
rule on the appeal. If the CFD Administrator's decision requires that the Special Tax for an
Assessor's Parcel be modified or changed in favor of the property owner, a cash refund
shall not be made (except for the last year of levy), but an adjustment shall be made to the
Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s).
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make determinations relative to the annual administration and
levy of the Special Taxes and any landowner or resident's appeals. Any decision of the
City Council shall be final and binding as to all persons.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27,2007
Agenda Item No. 20
Parte 15 of 54
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF
OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2007-6 (HOLIDAY INN EXPRESS),
CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore,
California (the "City"), has heretofore adopted Resolution No. 2007-205 stating its
intention to form City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday
Inn Express) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982,
as amended, (the "Act"); and
WHEREAS, a copy of Resolution No. 2007-205, incorporating a description and
map of the proposed boundaries of the CFD and setting forth the rate and method of
apportionment and manner of collection of the special tax to be levied within the CFD,
which will be used 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"), is on file with
the City Clerk and incorporated herein by reference; and
WHEREAS, on January 22, 2008, this Council held a noticed hearing as required
by law relative to the proposed formation of the CFD; and
WHEREAS, at said hearing all persons not exempt from 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 this Council on said
matters before it, and this Council at the conclusion of said hearing was and is fully
advised in the premises; and
WHEREAS, this Council adopted its Resolution No. (the "Resolution of
Formation") determining the validity of prior proceedings and establishing the CFD; and
WHEREAS, the proposed special tax to be levied upon property within the CFD
to finance the above referenced facilities has not been precluded by protest of the
owners of one-half (1/2) or more of the area of land within the CFD; and
WHEREAS, this Council wishes to present to the qualified electors of the CFD a
proposition to levy special taxes on property within the CFD.
1
Agenda Item No. 20
Page 16 of 54
NOW, THEREFORE, the City Council of the City of Lake Elsinore, California,
does hereby resolve as follows:
Section 1. Pursuant to Government Code Section 53326, the Council hereby
determines to submit to the qualified electors of the CFD a proposition (the
"Proposition") to levy special taxes on property within the CFD in accordance with the
rate and method of apportionment specified in the Resolution of Formation. The form of
the Proposition is attached as Exhibit A.
Section 2. A special election is hereby called for the CFD on the Proposition set
forth in Section 1 above.
Section 3. The time for notice having been waived by the qualified electors, the
date of the special election for the CFD on the Proposition shall be on the 22nd day of
January, 2008. 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
one landowner in the CFD, and the requirements of Section 53326 of the Government
Code having been waived by the landowner, the ballot for the special election shall be
hand delivered to the landowner 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.m. on January 22, 2008. However, the election may be closed within
the concurrence of the City Clerk, as soon as the ballot is returned.
Section 4. Notice of said election and written argument for or against the
measure have been waived by the landowner.
Section 5. The CFD shall constitute a single election precinct for the purpose of
holding said special election.
Section 6. The Council hereby directs that the special election be conducted by
the City Clerk, as the elections official.
Section 7. This Resolution shall take effect from and after the date of its passage
and adoption.
2
Agenda Item No. 20
Page 17 of 54
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 22nd day of January 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 20
Page 18 of 54
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City of
Lake Elsinore, California, at a regular meeting held on the 22nd day of January 2008,
and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 20
Page 19 of 54
EXHIBIT A
OFFICIAL BALLOT
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-6
(HOLIDAY INN EXPRESS)
SPECIAL TAX ELECTION
January 22, 2008
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. 2007-6 (Holiday Inn Express) 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. 2007-6 (Holiday Inn Express), subject
to the accountability measures provided for in the Resolution
of Formation adopted on January 22, 2008 (the "Resolution
of Formation"), be authorized to levy special taxes pursuant
to the rate and method of apportionment of special taxes set
forth in Exhibit A of the Resolution of Formation to finance
the authorized facilities and administrative expenses as
provided for in the Resolution of Formation?
YES
NO
Agenda Item No. 20
Page 20 of 54
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, CANVASSING THE
RESULTS OF THE SPECIAL ELECTIONS HELD WITHIN
THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2007-6 (HOLIDAY INN EXPRESS)
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. 2007-6 (Holiday Inn Express) (the
"CFD"), the rate and method of apportionment for the levy and collection of special
taxes (the "Special Tax") 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 operated (the
"Facilities"), and the calling of an election in regard to the foregoing; and
WHEREAS, on January 22, 2008, a special election was held within the CFD
relative to the rate and method of apportionment of Special Tax; and
WHEREAS, at such special election the proposal for the rate and method of
apportionment and manner of collection of the Special Tax was 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, California,
does hereby resolve as follows:
Section 1. It is hereby determined that the special election conducted within the
CFD was duly and validly conducted.
Section 2. 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 resolution No. 2008-
(the "Resolution of Formation") adopted by the Council on January 22, 2008.
Section 3. 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 4. This Resolution shall take effect from and after the date of its passage
and adoption.
1
Agenda Item No. 20
Page 21 of 54
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 22nd day of January 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
2
Agenda Item No. 20
Page 22 of 54
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City of
Lake Elsinore, California, at a regular meeting held on the 22nd day of January 2008,
and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
3
Agenda Item No. 20
Page 23 of 54
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-6
(HOLIDAY INN EXPRESS), AUTHORIZING THE LEVY OF
A SPECIAL TAX
WHEREAS, on December 11, 2007, the City Council (the "Council") of the City of
Lake Elsinore (the "City") adopted Resolution No. 2007-205 stating its intention to form
the City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express)
(the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended
(the "Act"), to finance the purchase, construction, expansion or rehabilitation of certain
real and other tangible property with an estimated useful life of five years or longer,
including public infrastructure facilities and other governmental facilities, which the City
is authorized by law to construct, own or operate (the "Facilities"); and
WHEREAS, notice was published as required by law relative to the intention of
the Council to form the CFD; and
WHEREAS, on January 22, 2008, this Council held a noticed public hearing as
required by law relative to the determination to proceed with the formation of the CFD,
and the rate and method of apportionment and manner of collection of the special tax to
be levied within the CFD; and
WHEREAS, at said hearing all persons 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, the Council subsequent to said hearing adopted Resolution No.
2008- determining the validity of prior proceedings and established the CFD;
and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2008- which called an election within the CFD for January 22, 2008 on the
levying of a special tax; and
WHEREAS, on January 22, 2008, an election was held within the CFD in which
the eligible electors approved by more than two-thirds vote the proposition of levying a
special tax.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. 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 in an amount
1
Agenda Item No. 20
Page 24 of 54
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
any bonded indebtedness.
SECTION 2. Pursuant to Section 53340 of the Act, this legislative body may
provide, by resolution, for the levy of the Special Tax in the current tax year or future tax
years at the same rate or at a lower rate than the rate provided by ordinance.
SECTION 3. All of the collections of the Special Tax shall be used as provided
for in the Act and Resolution No. 2008- (Resolution of Formation).
SECTION 4. The above authorized Special Tax shall be collected in the same
manner as ordinary ad valorem taxes are collected and shall be subject to the same
penalties and the same procedure and sale in cases of delinquency and provided for ad
valorem taxes; provided, however, the CFD may collect the Special Tax at a different
time or in a different manner if necessary to meet its financial obligations.
SECTION 5. 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 6. 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 7. This ordinance relating to the levy of the Special Tax takes effect
and shall be in force from and after 30 days from the date of final passage. 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.
2
Agenda Item No. 20
Page 25 of 54
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this _ day of , 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 20
Page 26 of 54
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 22nd day of January,
2008, and was finally passed at a regular meeting of the City Council of the City of Lake
Elsinore held on the day of , 2008, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 20
Page 27 of 54
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2007-6
OF THE CITY OF LAKE ELSINORE
(HOLIDAY INN EXPRESS)
The following sets forth the Rate and Method of Apportionment for the levy and collection
of Special Taxes of the City of Lake Elsinore Community Facilities District No. 2007-6
(Holiday Inn Express) ("CFD No. 2007-6"). The Special Tax shall be levied on and
collected each Fiscal Year, in an amount determined through the application of the Rate
and Method of Apportionment described below. All of the real property within CFD No.
2007-6 unless exempted by law or by the provisions hereof, shall be taxed for the
purposes, to the extent, and in the manner herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the
land area shown on the applicable Final Map, parcel map, condominium plan, or other
recorded County parcel map or similar instrument. The square footage of an Assessor's
Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being
Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are
included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year
in which the Special Tax is being levied, and (ii) that have not been issued a building permit
on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel Number valid at the time the Special Tax is enrolled for the
Fiscal Year for which the Special Tax is being levied.
"Assessor's Parcel Map" means an official map of the Assessor of the County
designating parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by
the County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D
below.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
~e 128 of 54
"Backup Special Tax" means the Special Tax of that name described in Section E below.
"Bonds" means any obligation to repay a sum of money, including obligations in the form
of bonds, notes, certificates of participation, long-term leases, loans from government
agencies, or loans from banks, other financial institutions, private businesses, or
individuals, or long-term contracts, or any refunding thereof, to which Special Taxes for
Facilities within CFD No. 2007-6 have been pledged.
"Calendar Year" means the period commencing January 1 of any year and ending the
following December 31 .
"CFD Administrator" means an official of the City, or designee thereof, responsible for (i)
determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax
Requirement for Services, as defined in Section L, as applicable, and (iii) providing for the
levy and collection of the Special Taxes.
"CFD No. 2007-6" means Community Facilities District No. 2007-6 (Holiday Inn Express)
established by the City under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the
Legislative Body of CFD No. 2007-6, or its designee.
"County" means the County of Riverside.
"Developed Property" means all Assessor's Parcels of Taxable Property, not classified as
Approved Property, Undeveloped Property, Provisional Undeveloped Property that are not
Exempt Property pursuant to the provisions of Section I. below: (i) that are included in a
Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the
Special Tax is being levied, and (ii) a building permit for new construction has been issued
on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Exempt Property" means all Assessor's Parcels designated as being exempt from
Special Taxes pursuant to Section I, below.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or
lot line adjustment, pursuant to the Subdivision Map Act (California Government Code
Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil
Code 1352 that creates individual lots for which building permits may be issued without
further subdivision.
"Fiscal Year" means the period commencing on July 1 of any year and ending the
following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
FPafe229 of 54
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C, that can be levied by CFD No. 2007-6 in any Fiscal Year on any Assessor's
Parcel.
"Proportionately" means that the ratio of the actual Special Tax levy to the applicable
Assigned Special Tax is equal for all applicable Assessor's Parcels. In case of Developed
Property subject to the apportionment of the Special Tax under step four of Section F,
"Proportionately" in step four means that the quotient of (a) actual Special Tax less the
Assigned Special Tax divided by (b) the Backup Special Tax less the Assigned Special
Tax, is equal for all applicable Assessor's Parcels.
"Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property
that would otherwise be classified as Exempt Property pursuant to the provisions of
Section I, but cannot be classified as Exempt Property because to do so would reduce the
Acreage of all Taxable Property below the required minimum Acreage set forth in Section I.
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2007-6
pursuant to the Act.
"Special Tax Requirement" means $5,000 for FY 2008-09, and on each July 1,
commencing July 1, 2009, shall be increased by two percent (2.00%) of the amount in
effect in the prior Fiscal Year.
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 2007-
6, which have are not Exempt Property.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property, Approved Property or Provisional Undeveloped Property.
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2008-09, each Assessor's Parcel within CFD
No. 2007-6 shall be classified as Taxable Property or Exempt Property. In addition, each
Assessor's Parcel of Taxable Property shall be further classified as Developed Property,
Approved Property, Undeveloped Property or Provisional Undeveloped Property.
SECTION C
MAXIMUM SPECIAL TAX FOR FACILITIES
1. Developed Property
The Maximum Special Tax for each Assessor's Parcel of Developed Property in any
Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup
Special Tax.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
p~33o of 54
2. Approved Property. Undeveloped Property and Provisional Undeveloped
Property
The Maximum Special Tax for each Assessor's Parcel classified as Approved
Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal
Year shall be the applicable Assigned Special Tax.
SECTION D
ASSIGNED SPECIAL TAX FOR FACILITIES
1. Developed Property
Each Fiscal Year, each Assessor's Parcel of Developed Property shall be subject to
an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's
Parcel of Developed Property for Fiscal Year 2008-09 shall be $3,401.36 per Acre.
2. Approved Property. Undeveloped Property and Provisional Undeveloped
Property
Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped
Property and Provisional Undeveloped Property shall be subject to an Assigned
Special Tax. The Assigned Special Tax rate for an Assessor's Parcel classified as
Approved Property, Undeveloped Property and Provisional Undeveloped Property for
Fiscal Year 2008-09 shall be $3,401.46 per Acre.
3. Increase in the Assianed Special Tax
On each July 1, commencing July 1, 2009, the Assigned Special Tax rate for
Developed Property, Approved Property, Undeveloped Property and Provisional
Undeveloped Property shall be increased by two percent (2.00%) of the amount in
effect in the prior Fiscal Year.
SECTION E
BACKUP SPECIAL TAX
The Backup Special Tax shall be calculated annually based on the annual Special Tax
Requirement. The Special Tax Requirement shall be apportioned to each Assessor's
Parcel based on Acreage.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
~e~1 of 54
SECTION F
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2008-09 and for each subsequent Fiscal Year, the City Council
shall levy Special Taxes on all Taxable Property in accordance with the following steps:
Step One: The Special Tax shall be levied on each Assessor's Parcel of Developed
Property at up to 100% of the Maximum Special Tax rates for Developed
Property. If the amount of Special Taxes generated is greater than the
Special Tax Requirement, the Special Taxes for each Assessor's Parcel
shall be reduced Proportionately until the total Special Taxes equal the
Special Tax Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after
the first step has been completed, the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Approved Property at up to
100% of the Maximum Special Tax applicable to each such Assessor's
Parcel as needed to satisfy the Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after
the first two steps have been completed, the Special Tax shall be levied
Proportionately on each Assessor's Parcel of Undeveloped Property up to
100% of the Maximum Special Tax applicable to each such Assessor's
Parcel as needed to satisfy the Special Tax Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after
the first three steps have been completed, then the Special Tax on each
Assessor's Parcel of Developed Property whose Maximum Special Tax is the
Backup Special Tax shall be increased Proportionately from the Assigned
Special Tax up to 100% of the Backup Special Tax as needed to satisfy the
Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after
the first four steps have been completed, the Special Tax for Facilities shall
be levied Proportionately on each Assessor's Parcel of Provisional
Undeveloped Property up to 100% ofthe Maximum Special Tax applicable to
each such Assessor's Parcel as needed to satisfy the Special Tax
Requirement.
SECTION G
PREPAYMENT OF SPECIAL TAX
Prepayment of the special tax shall not be permitted.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
~ 5.32 of 54
SECTION H
TERMINATION OF SPECIAL TAX
The Special Tax shall cease not later than the 2047-2048 Fiscal Year, however, the
Special Taxes 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 Bonds for which the
Special Tax has been pledged have been paid; (ii) all authorized facilities for CFD No.
2007-6 have been acquired, (iii) no delinquent Special Taxes remain uncollected and (iv)
all other obligations of CFD No. 2007-6 have been satisfied.
SECTION I
EXEMPTIONS
The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which
are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the
State of California, Federal or other local governments, including school districts, (ii)
Assessor's Parcels which are used as places of worship and are exempt from ad valorem
property taxes because they are owned by a religious organization, (iii) Assessor's Parcels
which are owned by, irrevocably offered for dedication, encumbered by or restricted in use
by a homeowners' association, (iv) Assessor's Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement, (v)
Assessor's Parcels which are privately owned and are encumbered by or restricted solely
for public uses, or (vi) Assessor's Parcels restricted to other types of public uses
determined by the City Council, provided that no such classification would reduce the sum
of all Taxable Property to less than 1.47 Acres.
Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as
Exempt Property if such classification would reduce the sum of all Taxable Property to less
than 1.47 Acres. Assessor's Parcels which cannot be classified as Exempt Property
because such classification would reduce the Acreage of all Taxable Property to less than
1.47 Acres will be classified as Provisional Undeveloped Property, and will be subject to
Special Taxes pursuant to Step Five in Section F.
SECTION J
MANNER OF COLLECTION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided, however, that CFD No. 2007-6 may collect Special
Taxes 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.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
P~~3 of 54
SECTION K
APPEALS
Any property owner claiming that the amount or application ofthe Special Tax is not correct
may file a written notice of appeal with the CFD Administrator not later than twelve months
after having paid the first installment of the Special Tax that is disputed. The CFD
Administrator shall promptly review the appeal, and if necessary, meet with the property
owner, consider written and oral evidence regarding the amount of the Special Tax, and
rule on the appeal. If the CFD Administrator's decision requires that the Special Tax for an
Assessor's Parcel be modified or changed in favor of the property owner, a cash refund
shall not be made (except for the last year of levy), but an adjustment shall be made to the
Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s).
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make determinations relative to the annual administration and
levy of the Special Taxes and any landowner or resident's appeals. Any decision of the
City Council shall be final and binding as to all persons.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27, 2007
Agenda Item No. 20
~G4of54
Community
Facilities District
Report
for the
City of lake Elsinore
Community Facilities District
No. 2007-6 (Holiday Inn
Express)
Prepared by:
II Harris & Associates.
January 14, 2008
Agenda Item No. 20
Page 35 of 54
City of Lake Elsinore
CFD No. 2007.6 (Holiday Inn Express)
COMMUNITY FACILlTITES DISTRICT REPORT
January 14,2008
Table of Contents
Page
I. Introduction................................................................................ 1
II. Project Description ......... .................................... ....... ................. 2
III. Description of Facilities......................... ........ ................... ......... 3
IV. Cost Estimate..................... .......... ...... ....... .................... .............. 4
V. Bonded Indebtedness and Incidental Expenses .........................4
VI. Rate & Method of Apportionment of the Special Tax............... 5
VII. Boundaries of CFD No. 2007-6................................................. 7
VIII. General Terms and Conditions................................................... 8
IX. Certification....................... ....... ..... .................................. ........... 9
Exhibit A - Boundary Map
Exhibit B - Rate and Method of Apportionment
Exhibit C - Property Owner List
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 36 of 54
City of Lake Elsinore
CFD No. 2007-6 (Holiday Inn Express)
COMMUNITY FACILITIES DISTRICT REPORT
January 14, 2008
Page 1
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. 2007-6 of the City of Lake Elsinore
(Holiday Inn Express) (hereinafter referred to as CFD No. 2007-6); and
WHEREAS, the Resolution of Intention of the City Council of the City of Lake Elsinore to establish
Community Facilities District No. 2007-6 of the City of Lake Elsinore (Holiday Inn Express), to
authorize the levy of a Special Tax to pay the costs of acquiring, constructing, or maintaining certain
facilities and expenses of CFD No. 2007-6 and to contribute to debt service on bonded indebtedness
in CFD No. 98-1, 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 ofCFD No. 2007-6; and
b. 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 Harris & Associates,
pursuant to the provisions of the Act, do hereby submit the following report.
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 37 of 54
City of Lake Elsinore
CFD No. 2007.6 (Holiday Inn Express)
COMMUNITY FACILITIES DISTRICT REPORT
January 14, 2008
Page 2
II. Project Description
Pursuant to land use entitlements approved by the City of Lake Elsinore (the "City") and Leahigh Inc
(the "Developer"), the Developer plans to construct a Holiday Inn Express. The City has proposed to
form one community facilities district for the purpose of financing certain infrastructure and public
facilities for the benefit of Holiday Inn Express.
CFD No. 2007-6 encompasses approximately 1.47 gross acres ofland.
CFD No. 2007-6 will be formed to contribute to debt service on bonded indebtedness in CFD No. 98-
1. See Section III for a list offacilities to be acquired and maintenance services to be funded.
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 38 of 54
City of Lake Elsinore
CFD No. 2007.6 (Holiday Inn Express)
COMMUNITY FACILITIES DISTRICT REPORT
January 14, 2008
Page 3
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 occurring 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. 2007-6. The actual facilities described herein are those
currently expected to be required to adequately meet, in part, the needs ofCFD No. 2007-6. Because
the actual needs ofCFD No. 2007-6 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.
CFD No. 2007-6 will be authorized to contribute to the financing of City improvements and capital
improvement fees imposed pursuant to City fee programs, as defined under CFD No. 98-1. Facilities
financed include grading, street improvements, domestic water, sanitary sewer and parks and
recreation facilities, as described below:
Grading includes the grading for the public streets, public access roads and public utilities
within and for the District. The street improvements consist of the curbs, gutters, sidewalks,
paving, street lights, storm drain and utilities in the public streets within and in the vicinity of
the District. The domestic water system consists of a reservoir, pumping station, distribution
mains and appurtenances in the public streets and public easements within and in the vicinity
of the District. The sanitary sewer system consists of the gravity sewers, manholes and
appurtenances in the public streets and public utility easements within and in the vicinity of
the District. The parks and recreation facilities within and for the District consist of the
grading, landscaping, irrigation, walkways, apparatus, facilities and appurtenances in Lot A
and Lot C of Tract 20704 and Lot A of Tract 20705.
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 39 of 54
City of Lake Elsinore
CFD No. 2007.6 (Holiday Inn Express)
COMMUNITY FACILITIES DISTRICT REPORT
January 14, 2008
Page 4
IV. Cost Estimate
The estimated costs for this district are the same costs as those for CFD No. 98-1.
V. Bonded Indebtedness and Incidental Expenses
A. Projected Bond Sales
There will be no bond issue for this district.
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 40 of 54
City of Lake Elsinore
CFD No. 2007.6 (Holiday Inn Express)
COMMUNITY FACILITIES DISTRICT REPORT
January 14, 2008
Page 5
VI. Rate and Method of Apportionment of the Special Tax
All of the property located within CFD No. 2007-6, 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. 2007-6. 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 authorized 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. 2007-6 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. 2007-6, as is proposed to be adopted in the Resolution of Formation for CFD No. 2007-
6. 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 authorized 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 ofland 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 criteria 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. 2007-6 are generally in-tract infrastructure improvements.
These improvements are required for the orderly development of the property within CFD No.
2007-6. 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.
The Special Tax for Developed Property, Approved Property, Undeveloped Property and
Provisional Undeveloped Property will be determined by the acreage of the property.
Based on the types of public facilities that are proposed for CFD No. 2007-6 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. 2007-6
can be considered fair and reasonable.
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 41 of 54
City of lake Elsinore
CFD No. 2007.6 (Holiday Inn Express)
COMMUNITY FACILITIES DISTRICT REPORT
January 14, 2008
Page 6
B. Maximum Special Tax Rates
The Maximum Special Taxes for Developed Property cannot exceed $3,401.36 per Acre for
fiscal year 2008-09, except when the Backup Special Tax is used as discussed in Section C
below. The Maximum Special Tax that may be levied against Approved Property, Undeveloped
Property and Provisional Undeveloped Property cannot exceed $3,401.46 per Acre for fiscal year
2008-09. 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.
C. Backup Special Tax
Pursuant to the Rate and Method of Apportionment, the Maximum Special Tax for Developed
Property is the greater of (i) the amount derived by application of the Assigned Special Tax or (ii)
the amount derived by application of the Backup Special Tax. The Backup Special Tax will
increase at a rate oftwo 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 and
Provisional Undeveloped Property as set forth in the Rate and Method of Apportionment for
CFD 2007-6, the Special Tax Consultant has relied on information including, but not limited to,
absorption, land use types, 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. 2007-6, including the inability to meet the financial
obligations ofCFD No. 2007-6.
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 42 of 54
City of Lake Elsinore
CFD No. 2007-6 (Holiday Inn Express)
COMMUNITY FACILITIES DISTRICT REPORT
January 14, 2008
Page 7
VII. Boundaries of CFD No. 2007-6
The boundaries ofCFD No. 2007-6 include all land on which special taxes may be levied. A copy of
the Boundary Map for CFD No. 2007-6 is included as Exhibit A.
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 43 of 54
City of Lake Elsinore
CFD No. 2007-6 (Holiday Inn Express)
COMMUNITY FACILITIES DISTRICT REPORT
January 14, 2008
Page 8
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:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 44 of 54
City of lake Elsinore
CFD No. 2007-6 (Holiday Inn Express)
COMMUNITY FACiliTIES DISTRICT REPORT
January 14, 2008
Page 9
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 ofCFD No. 2007-6 and benefit the lands within said CFD No. 2007-
6. 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 14,2008
Harris & Associates
Dennis A. Anderson
Project Manager / Associate
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 45 of 54
City of Lake Elsinore
CFD No. 2007-6 (Holiday Inn Express)
Exhibit "A"
January 14, 2008
Page A-1
Boundary Map
PROPOSED BOUNDARY OF
COMMUNITY FACILITIES DISTRICT No. 2007-6
OF THE CITY OF LAKE ELSINORE
(HOLIDAY INN EXPRESS)
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
C11!;
ro;y
f'S;:
-1 If.' S
.oJ?
SCALE: 1 "= :30'
>-
w
W
Q::
>-
UJ
):::!
:;
0:::
Q
Fllro fN THE: OFFICE: or TNE CITY ClERK ()/: mE CITY OF LAKE ELSINORE TUIS
DAY OF
2008
CHY ClERK or THE CITY Of LAKE E1.S!NQR(
I HEREBY CERTIFY THAT THE WlHlN MAP SHO~NG TliE PROPOSED BOUNDARIES OF COMMUMTY fAClUTJES DISTRICT
NO. 2007-6 (HQJOAY INN EXPRESS), CITY OF lAl<E ElSlNORE, COUNTY OF R1YER'S10E. STArr Of' CAUFORNIA WAS
APPROvrn BY THE: CITY COUNCJL or THE CITY OF LAKE ElSiNOOE: AT A REGUlARLY SCHEDUlLD MITOOG lHER.EOf.
HELD ON THE _ DAY Of 2007. BY trs RESOLUTION ND._
CITY CLERK OF" THE CITY Of LAKE ELS!NORE
filED THfS _ DAY Of 2008, AT THf HOUR or _ O'CLOCK-.M. IN BOOK_ OF MAPS
or ASS(SStJENT AND COMMUNITY FACIUTIES OIS'lRIClS PAGE: NOS._THROUGH_ AS INSmUI.<lENT NO,---,"
IN THE Of'fICE Of THE COUNTY RECOROER IN THE COUNTY OF RIVERSlDf. STATE OF" CAUFORNIA.
LARRY W. WARD
ASSESSOR-COUNTY CLE:RK-R'ECORDER
COUNTY OF RIVERSIDE
rn: $_
REF'E~~ TH~ RlVE'RSlOE: COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRlP110N OF" PARCEl. UNES AND O!M~SlONS
VlCINITY MAP
NO SCALE
PROPOSED BOUNDARY MAP
OISTRICT BOUNDARY
_HARRIS lie ASSOCIATES
34rucarllnPark,!klltll!lfl
_nInI,CIt"114
(14') 655-3100 . ru (1.1) i5S-3t15
Community Facilities DiBtrict No, 2007-6
of Lhe City of Lake Elsinore
(Holiday Inn Exprelll)
County of Riverside, California
illf.llil
Sheet 1 OF' 1
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 46 of 54
City of Lake Elsinore Exhibit "B"
CFD No. 2007.6 (Holiday Inn Express)
Rate and Method of Apportionment
November 27, 2007
Page B-1
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2007-6
OF THE CITY OF LAKE ELSINORE
(HOLIDAY INN EXPRESS)
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes of the City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn
Express) ("CFD No. 2007-6"). The Special Tax shall be levied on and collected each Fiscal Year, in
an amount determined through the application of the Rate and Method of Apportionment described
below. All of the real property within CFD No. 2007-6 unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map,
or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable
Final Map, parcel map, condominium plan, or other recorded County parcel map or similar instrument.
The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part
1 of Division 2 of Title 5 ofthe Government Code of the State of California.
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a
Final Map that was recorded prior to the January 181 preceding the Fiscal Year in which the Special
Tax is being levied, and (ii) that have not been issued a building permit on or before May 181
preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number valid at the time the Special Tax is enrolled for the Fiscal Year for which
the Special Tax is being levied.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels
by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for
purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below.
"Backup Special Tax" means the Special Tax of that name described in Section E below.
"Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds,
notes, certificates of participation, long-term leases, loans from government agencies, or loans from
banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any
refunding thereof, to which Special Taxes for Facilities within CFD No. 2007-6 have been pledged.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27,2007
Agertcfa9tem No. 20
Page 47 of 54
City of Lake Elsinore Exhibit "B"
CFD No. 2007-6 (Holiday Inn Express)
Rate and Method of Apportionment
November 27, 2007
Page B-2
"Calendar Year" means the period commencing January 1 of any year and ending the following
December 31.
"CFD Administrator" means an official of the City, or designee thereof, responsible for (i)
determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax
Requirement for Services, as defined in Section L, as applicable, and (iii) providing for the levy and
collection of the Special Taxes.
"CFD No. 2007-6" means Community Facilities District No. 2007-6 (Holiday Inn Express)
established by the City under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body
of CFD No. 2007-6, or its designee.
"County" means the County of Riverside.
"Developed Property" means all Assessor's Parcels of Taxable Property, not classified as
Approved Property, Undeveloped Property, Provisional Undeveloped Property that are not Exempt
Property pursuant to the provisions of Section I. below: (i) that are included in a Final Map that was
recorded prior to the January 1 sl preceding the Fiscal Year in which the Special Tax is being levied,
and (ii) a building permit for new construction has been issued on or before May 1 sl preceding the
Fiscal Year in which the Special Tax is being levied.
"Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes
pursuant to Section I, below.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates
individual lots for which building permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1 of any year and ending the following June
30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to
which Bonds are issued, as modified, amended and/or supplemented from time to time, and any
instrument replacing or supplementing the same.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section
C, that can be levied by CFD No. 2007-6 in any Fiscal Year on any Assessor's Parcel.
"Proportionately" means that the ratio of the actual Special Tax levy to the applicable Assigned
Special Tax is equal for all applicable Assessor's Parcels. In case of Developed Property subject to
the apportionment of the Special Tax under step four of Section F, "Proportionately" in step four
means that the quotient of (a) actual Special Tax less the Assigned Special Tax divided by (b) the
Backup Special Tax less the Assigned Special Tax, is equal for all applicable Assessor's Parcels.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27,2007
Agerfdaeltem No. 20
Page 48 of 54
City of Lake Elsinore Exhibit "B"
CFD No. 2007-6 (Holiday Inn Express)
Rate and Method of Apportionment
November 27, 2007
Page B-3
"Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would
otherwise be classified as Exempt Property pursuant to the provisions of Section I, but cannot be
classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property
below the required minimum Acreage set forth in Section I.
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2007-6 pursuant
to the Act.
"Special Tax Requirement" means $5,000 for FY 2008-09, and on each July 1, commencing July
1,2009, shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
"Taxable Property" means all Assessor's Parcels within the boundaries ofCFD No. 2007-6, which
have are not Exempt Property.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property, Approved Property or Provisional Undeveloped Property.
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2008-09, each Assessor's Parcel within CFD No. 2007-
6 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of
Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped
Property or Provisional Undeveloped Property.
SECTION C
MAXIMUM SPECIAL TAX FOR FACILITIES
1. Developed Property
The Maximum Special Tax for each Assessor's Parcel of Developed Property in any Fiscal
Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax.
2. Approved Property. Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax for each Assessor's Parcel classified as Approved Property,
Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the
applicable Assigned Special Tax.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27,2007
Agerfd~elfem No. 20
Page 49 of 54
City of Lake Elsinore Exhibit "B"
CFD No. 2007.6 (Holiday Inn Express)
Rate and Method of Apportionment
November 27,2007
Page 8-4
SECTION D
ASSIGNED SPECIAL TAX FOR FACILITIES
1. Developed Property
Each Fiscal Year, each Assessor's Parcel of Developed Property shall be subject to an
Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of
Developed Property for Fiscal Year 2008-09 shall be $3,401.36 per Acre.
2. Approved Property. Undeveloped Property and Provisional Undeveloped Property
Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and
Provisional Undeveloped Property shall be subject to an Assigned Special Tax. The Assigned
Special Tax rate for an Assessor's Parcel classified as Approved Property, Undeveloped
Property and Provisional Undeveloped Property for Fiscal Year 2008-09 shall be $3,401.46 per
Acre.
3. Increase in the Assil!ned Special Tax
On each July 1, commencing July 1, 2009, the Assigned Special Tax rate for Developed
Property, Approved Property, Undeveloped Property and Provisional Undeveloped Property
shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
SECTION E
BACKUP SPECIAL TAX
The Backup Special Tax shall be calculated annually based on the annual Special Tax Requirement.
The Special Tax Requirement shall be apportioned to each Assessor's Parcel based on Acreage.
SECTION F
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2008-09 and for each subsequent Fiscal Year, the City Council shall levy
Special Taxes on all Taxable Property in accordance with the following steps:
Step One:
The Special Tax shall be levied on each Assessor's Parcel of Developed Property at
up to lOO% of the Maximum Special Tax rates for Developed Property. If the
amount of Special Taxes generated is greater than the Special Tax Requirement, the
Special Taxes for each Assessor's Parcel shall be reduced Proportionately until the
total Special Taxes equal the Special Tax Requirement.
Step Two:
If additional moneys are needed to satisfy the Special Tax Requirement after the first
step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax
applicable to each such Assessor's Parcel as needed to satisfy the Special Tax
Requirement.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27,2007
Page ~
Agenaa Item No. 20
Page 50 of 54
City of Lake Elsinore Exhibit "B"
CFD No. 2007.6 (Holiday Inn Express)
Rate and Method of Apportionment
November 27, 2007
Page B-5
Step Three:
Step Four:
Step Five:
If additional moneys are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be levied Proportionately on
each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum
Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special
Tax Requirement.
If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, then the Special Tax on each Assessor's Parcel of
Developed Property whose Maximum Special Tax is the Backup Special Tax shall be
increased Proportionately from the Assigned Special Tax up to 100% of the Backup
Special Tax as needed to satisfy the Special Tax Requirement.
If additional moneys are needed to satisfy the Special Tax Requirement after the first
four steps have been completed, the Special Tax for Facilities shall be levied
Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to
100% of the Maximum Special Tax applicable to each such Assessor's Parcel as
needed to satisfy the Special Tax Requirement.
SECTION G
PREP A YMENT OF SPECIAL TAX
Prepayment of the special tax shall not be permitted.
SECTION H
TERMINATION OF SPECIAL TAX
The Special Tax shall cease not later than the 2047-2048 Fiscal Year, however, the Special Taxes 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 Bonds for which the Special Tax has been pledged have been paid;
(ii) all authorized facilities for CFD No. 2007-6 have been acquired, (iii) no delinquent Special Taxes
remain uncollected and (iv) all other obligations ofCFD No. 2007-6 have been satisfied.
SECTION I
EXEMPTIONS
The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of
California, Federal or other local governments, including school districts, (ii) Assessor's Parcels
which are used as places of worship and are exempt from ad valorem property taxes because they are
owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered
for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's
Parcels with public or utility easements making impractical their utilization for other than the
purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are
encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types
of public uses determined by the City Council, provided that no such classification would reduce the
sum of all Taxable Property to less than 1.47 Acres.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27,2007
Agertd'aelfem No. 20
Page 51 of 54
City of Lake Elsinore Exhibit "B"
CFD No. 2007-6 (Holiday Inn Express)
Rate and Method of Apportionment
November 27 J 2007
Page 8-6
Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt
Property if such classification would reduce the sum of all Taxable Property to less than 1.47 Acres.
Assessor's Parcels which cannot be classified as Exempt Property because such classification would
reduce the Acreage of all Taxable Property to less than 1.47 Acres will be classified as Provisional
Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F.
SECTION J
MANNER OF COLLECTION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2007-6 may collect Special Taxes at a different
time or in a different manner if necessary to meet its financial obligations, and may covenant to
foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
SECTION K
APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file
a written notice of appeal with the CFD Administrator not later than twelve months after having paid
the first installment of the Special Tax that is disputed. The CFD Administrator shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the CFD Administrator's decision
requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made (except for the last year oflevy), but an adjustment shall be
made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s).
The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying
any ambiguity and make determinations relative to the annual administration and levy of the Special
Taxes and any landowner or resident's appeals. Any decision of the City Council shall be final and
binding as to all persons.
City of Lake Elsinore
Community Facilities District No. 2007-6 (Holiday Inn Express)
November 27,2007
AgerfaaelPem No. 20
Page 52 of 54
City of Lake Elsinore
CFD No. 2007.6 (Holiday Inn Express)
EXHIBIT "e"
January 14, 2008
Page C-1
Property Owner List
City of Lake Elsinore
Community Facilities District No. 2007-6
(Holiday Inn Express)
Property Owner List
APN
363-670-016
Owner
Leah igh Inc
Acreage
1.47
Q:\ELSINORE\CFD 2007-6 (Holiday Inn)\reports\CFD Report 2007-6 (Holiday Inn Express).doc
Agenda Item No. 20
Page 53 of 54
~
<{
t'-.
PROPOSED BOUNDARY OF
COMMUNITY FACILITIES DISTRICT No. 2007-6
OF THE CITY OF LAKE ELSINORE
(HOLIDAY INN EXPRESS)
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
Ii)
U
C4iV'
roiV'
f'St,
4lt
S D,..y
...
FlL D IN E DC~ THE CITY CLERK OF THE CITY OF LAKE ELSINORE THIS -E:.. DAY OF 'J'_"~"'1
Cl CLERK OF THE CITY OF LAKE ELSINORE
J HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF COMMUNITY fAClUTIES DISTRICT
NO. 2007-6 (HOLIDAY INN EXPRESS). CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE, STAlE OF CALIFORNIA WAS
fOVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE: A T A REGULARLY SCHEDULED MEETING THEREOF.
H LO ON CE ~ DAY Of bi!'Il.II!'..."",.... 2007, BY ITS RESOlUTION No.~
L /~
CITY CLERK OF THE CITY DF LAKE ELSINORE
f-
W
w
0::::
f-
U)
~
<(
>
0::::
Q
2008
FILED THIS ~ DAY OF J'O.f11l01l!(, 2008. AT THE HOUR OF 8:00 o'CLocKJr.M. IN BO~.OF MAPS
OF' ASSESSMENT AND COMMUNITY FACICITIES DISTRICTS PAGE NOS.~~ AS INSTRUMENT NQ. -
~ om~E OF TH~DER IN THE COUNTY OF RIVERSIDE. STAlE OF CALIFORNIA. ex:> Uf.o3
~ t2 .
LARRY W. WARD FEE S~
ASSESSOR-COUNTY CLERK-RECORDER
COUNTY DF RIVERSIDE
REFERENCE THE RJVERSIDE COUNTY ASSESSOR'S MAPS fOR A DETAILED DESCRIPTION OF PARCEL UNES AND DIMENSIONS
VICINITY MAP
NO SCALE
PROPOSED BOUNDARY MAP
lliEllil
_HARRIS 8< ASSOCIATES
34 Ew:ecutlv. Park, SuIt. ISO
.lrvln,.eA 92614
(949) 65'-3900 . FAX (949) 65'-399'
Community Facilities District No. 2007-6
of the City of Lake Elsinore
(Holiday Inn Express)
County of Riverside, California
DISTRICT BOUNDARY
Sheet 1 OF 1
11/27/07
Q: \ELSlHORE\Cf1l 2007-6 (HoIl
No. 20
Page 54 of 54
CITY OF .~
LAKE ,5,LSiNORJ:
Y DREAM EXTREME",
TO:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
APPROVAL OF TENTATIVE TRACT MAP NO. 35563
SUBJECT:
Backaround
The applicant has submitted to the Community Development Department an
application for Tentative Tract Map No. 35563. Tentative Tract Map review is
necessary to ensure that all new subdivisions conform and are consistent with the
City's General Plan, Zoning Code, and applicable Specific Plan. The applicant has
worked diligently with staff in resolving issues relating to the proposed map.
The proposed subdivision is located within, and regulated by, the Canyon Hills
Specific Plan. The Specific Plan intends for those uses proposed with the Tentative
Tract Map, including detached single-family residential development and open space
areas, to be constructed within the identified Planning Area location. The proposed
Tentative Tract Map does not conflict with the intended land uses and their respective
locations, nor does the map conflict with the standards, objectives, and guidelines
contained in the Canyon Hills Specific Plan.
The Tentative Tract Map proposes ten (10) total lots (8 single-family residential lots;
one lettered lot for landscaping, and one lettered lot for open space). The proposed
residential lots range in size from 8,135 square feet to 11,853 square feet, with an
average lot size of 9,138 square feet.
Since the applicant is only considering subdivision of the project site, architectural
and/or building plans for future residences, plotting plans, preliminary wall and fence
plans, etc, have not been submitted for review at this time. These issues will be
addressed when the applicant submits for Design Review approval in the future.
Discussion
The project was presented to the Lake Elsinore Planning Commission on December
4, 2007, for review and consideration. Items for discussion at this meeting included
Agenda Item No. 21
Page 1 of 34
TTM 35563
January 22, 2008
Page 2 of 2
lot size and project location. The Planning Commission expressed satisfaction with
the proposed project and voted unanimously to recommend that the City Council
adopt findings that the project is exempt from the MSHCP and approve the Tentative
Tract Map.
Fiscal Impact
Ultimately, the proposed project will have a positive fiscal impact to the community
and the City. It is estimated that the future residents residing within Tentative Tract
Map No. 35563 will ultimately generate sales tax revenues for the City of Lake
Elsinore.
In addition to the sales tax revenue that will be generated, it is anticipated that the
development of the project will provide necessary construction jobs.
Finally, the project 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.
Recommendations
1.
Waive further reading and adopt a resolution adopting findings that the
Project is exempt from the Multiple Species Habitat Conservation Plan
(MSHCP).
2.
Waive further reading and adopt a Resolution approving Tentative
Tract Map No. 35563.
Prepared by:
~ ~ (0A-
Kirt A. Coury
Project Planner
Robert A. Brady,!,\ N){
City Manager ~LdV
Approved by:
Attachments:
1. Vicinity Map
2. City Council Resolution adopting Findings that the Project is exempt from the
Multiple Species Habitat Conservation Plan (MSHCP)
3. City Council Resolution No. 2008-_ approving Tentative Tract Map No. 35563
4. Conditions of Approval
5. Planning Commission Staff Report with Exhibits dated December 4, 2007
Agenda Item No. 21
Page 2 of 34
TIM 35563
January 22, 2008
Page 3 of 3
Attachments:
1. Vicinity Map
2. City Council Resolution adopting Findings that the Project is exempt from the
Multiple Species Habitat Conservation Plan (MSHCP)
3. City Council Resolution No. 2008-_ approving Tentative Tract Map No. 35563
4. Conditions of Approval
5. Planning Commission Staff Report with Exhibits dated December 4, 2007
Agenda Item No. 21
Page 3 of 34
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPTING
FINDINGS THAT THE SUBDIVISION IS EXEMPT FROM
THE MULTIPLE SPECIES HABITAT CONSERVATION
PLAN (MSHCP)
WHEREAS, Pardee Homes has filed an application with the City of Lake
Elsinore requesting approval of Tentative Tract Map No. 35563, which subdivides 22
acres of land within the Canyon Hills Specific Plan into ten (10) lots, eight (8) single-
family residential lots; one (1) lettered lot for landscaping, and one (1) lettered lot for
open space (the "Subdivision"); and
WHEREAS, Section IV(D) of the City of Lake Elsinore's MSHCP
Implementing Resolution expressly exempts from the MSHCP:
"Any project for which and to the extent that vested rights to
proceed with the project notwithstanding the enactment of
this Resolution exist under the common laws of the State of
California, a tentative map pursuant to the Subdivision Map
Act, a development agreement pursuant to Government
Code Section 65864 et seq., or other instrument, approved
or executed by the City prior to adoption of this Resolution.
Projects subject to this exemption must comply with all
provisions of any applicable state and federal law;" 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 22,2008.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
SECTION 1. The City Council has considered the Project and its
consistency with the MSHCP "Plan Wide Requirements" prior to adopting Findings of
Consistency.
SECTION 2. That in accordance with the Lake Elsinore Municipal Code
and the MSHCP, the City Council makes the following findings:
1. The Entitlements constitute a project under the City's MSHCP Resolution, and
the City must make an MSHCP Consistency finding before approval.
The Project is exempt from the City's MSHCP Resolution. On July 9, 1990, the
City and Pardee-Grossman/Cottonwood Canyon entered into that cerlain
development agreement (the "Development Agreement'?, which expressly
1
Agenda Item No. 21
Page 4 of 34
exempted the Developer from responsibility for any new development impact
fees. The Development Agreement will expire on July 9, 2010.
Even though the Project is exempt from the MSHCP, the Developer must comply
with other state and federal laws. Consistent with federal law, the applicant had
prepared a project-specific Habitat ConseNation Plan and has a history of
extensive coordination with the wildlife agencies. Where approved for
development, the project site has already been graded, cleared, or developed in
accordance with the Project HCP. Given the foregoing, no further action
regarding the MSCHP is required.
2. The Entitlements are subject to the City's LEAP and the County's Joint Project
Review processes.
See Response #1 above.
3. The Entitlements are consistent with the Riparian/Riverine Areas and Vernal
Pools Guidelines.
See Response #1 above.
4. The Entitlements are consistent with the Protection of Narrow Endemic Plant
Species Guidelines.
See Response #1 above.
5. The Entitlements are consistent with the UrbanIWildlands Interface Guidelines.
See Response #1 above.
6. The Entitlements are consistent with the Vegetation Mapping requirements.
See Response #1 above.
7. The Entitlements are consistent with the Additional Survey Needs and
Procedures.
See Response #1 above.
8. The Entitlements are consistent with the Fuels Management Guidelines.
See Response #1 above.
9. The Entitlements will be conditioned to pay the City's MSHCP Local
Development Mitigation Fee.
Developer is exempt from payment of the City's MSHCP Local Development
Mitigation Fee by virtue of the Development Agreement.
2
Agenda Item No. 21
Page 5 of 34
10. The Entitlements are consistent with the MSHCP.
See Response #1 above.
SECTION 3. Based upon all of the evidence presented, the above
findings, and the conditions of approval imposed upon the Entitlements, the City Council
finds that the Entitlements are exempt from the MSHCP
SECTION 4. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED, AND ADOPTED this 22nd day of January 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 21
Page 6 of 34
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 22nd day of January 2008,
and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 21
Page 7 of 34
Ramsgate / TSG Approvals
2003 to Current
Project No. Name CC Aprvl DUs Comments
TTM 25476, PA3 8-12-03 320 Santa Rosa,
Revision No.1 Addendum 2 Medium Caraway,
Density Auqusta
TTM 25477, PA4 8-12-03 234 Fox & Jacobs
Revision No.1 Addendum 2 Medium
Density
TTM 25478, PA2 8-12-03 281 Caraway,
Revision NO.2 Addendum 2 Medium Low Solana,
Density Auqusta
TTM 25479, PA 1 8-12-03 279 Fox & Jacobs
Revision NO.2 Addendum 2 Medium
Density
TTM 30698 PA9 8-12-03 174 Clurman
Addendum 2 Medium Low
Density
TTM 25473, PA 7 6-21-06 185 MND 2006-01
Revision NO.1 Tuscany West Low Density
TTM 25475, PA6 8-22-06 145 Addendum 3
Revision No.1 Old Kiln Medium Low SPA4
Density TTM 34231
DR 2005-24
TTM 34231 PA 1 8-22-06 204 MBK Trieste
Condo map
TTM 33725 PA 10 9-26-06 242 Little Valley
Medium Low
Density
TTM 32537 PA 11 8-14-07 70 Wasson North
Medium Low
Density
TTM 35422 PA 11 8-14-07 199 Wasson
Modified South
Medium Low
Density
R2004-07 Fox & Jacobs COD 8-26-04 179, 4 models
R2004-07, Fox & Jacobs CM 4-4-05 75. +2 models Total buildout
Amd No. 1 = 254
R2004-12 Solana COD 11-4-04 87, 4 models
R2004-15 Caraway COD 1-3-05 80,3 models
R2004-22 Augusta COD 2-1-05 88, 3 models Total buildout
= 255
R2004-04 Fairfield 8-24-04 352 Apartments
R2005-21 Caraway II, COD 3-13-06 192
Auqusta II
RAMSGATE SP/Project Matrix - 12-2007: Last update: 1-16-08
Agenda Item No. 21
Page 8 of 34
Ramsgate / TSG Approvals
2003 to Current
R2005-22 Fox & Jacobs CDD 2-7-06 213
II (6 models)
R 2005-24 Trieste
R2006-05 Santa Rosa CDD 6-29-06 98, 4 models
SPA4 MBK Homes Aug 22, 2006 C to MH D
TTM 34231, & Old Kiln
DR 2005-24
TTM 25475
Addendum 3
SPA 5 MND 2006-04 9-26-06 Annexation 76
GPA 2006-05 52.6 acres
ZC 2006-05 Little Valley
ZC 2006-07
TTM 33725
SPA6 MND 2007-01 8-14-07 Annexation 79
GPA 2007-01 74.6 acres
ZC 2007-01 Wasson West
TTM 32537
TTM 35422
RAMS GATE SP/Project Matrix-12-2007: Last update: 1-16-08
Agenda Item No. 21
Page 9 of 34
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP NO. 35563
WHEREAS, Pardee Homes has filed an application with the City of Lake
Elsinore requesting approval of Tentative Tract Map No. 35563, which subdivides 22
acres of land within the Canyon Hills Specific Plan into ten (10) lots, eight (8) single-
family residential lots; one (1) lettered lot for landscaping, and one (1) lettered lot for
open space (the "Subdivision"); and
WHEREAS, the Subdivision is located within the Canyon Hills Specific
Plan (Planning Area 30 A), which is located within the eastern boundaries of the City of
Lake Elsinore, east of the 1-15 Freeway. Direct access to the Specific Plan area is from
the 1-15 Freeway to Railroad Canyon Road, which crosses the northwest corner of the
Specific Plan area. Tentative Tract Map No. 35563 is located near the southeast corner
of Canyon Hills Road and Cottonwood Canyon Road; and
WHEREAS, the Planning Commission of the City of Lake Elsinore
considered the proposed Subdivision at its regularly scheduled December 4, 2007,
meeting and made a recommendation that the City Council approve Tentative Tract
Map 35563; and
WHEREAS, the City Council of the City of Lake Elsinore is responsible for
making decisions pertaining to the subdivision of land; and
WHEREAS, pursuant to the California Environmental Quality Act (Cal.
Pub. Res. Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99
15000 et seq.), public agencies are expressly encouraged to reduce delay and
paperwork associated with the implementation of CEQA by using previously prepared
environmental documents when those previously prepared documents adequately
address the potential impacts of the proposed project (CEQA Guidelines Section
15006); and
WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR
has been certified or negative declaration adopted for a project, no subsequent EIR
shall be prepared for that project unless the lead agency determines, on the basis of
substantial evidence in the light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require
major revisions of the previous EIR or negative declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions of the previous EIR or
1
Agenda Item No. 21
Page 10 of 34
negative declaration due to the involvement of new significant environmental effects or
a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known
and could not have been known with the exercise of reasonable diligence at the time
the previous EIR was certified as complete or the negative declaration was adopted,
shows any of the following:
(a) The project will have one or more significant effects not discussed
in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substantially more
sever than shown in the previous EIR;
(c) Mitigation measures or alternatives previously found not the be
feasible would in fact be feasible and would substantially reduce one or more significant
effects of the project, but the project proponents decline to adopt the mitigation measure
or alternative; or
(d) Mitigation measures or alternatives which are considerably different
from those analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline to adopt the
mitigation measure or alternative."; and
WHEREAS, Addendum NO.2 to the certified Final Environmental Impact
Report, State Clearinghouse No. 87111606 (the "FEIR") for the Cottonwood Hills
Specific Plan was prepared and approved by the City Council in March 2007 to address
minor changes associated with Specific Plan Amendment No.2 to the Cottonwood Hills
Specific Plan (renamed the Canyon Hills Specific Plan as part of Specific Plan
Amendment No.2); and
WHEREAS, the Subdivision was contemplated by Specific Plan
Amendment No. 2 and does not present substantial changes or new information
regarding the potential environmental impacts that were analyzed in the FEIR or the
changes addressed in Addendum No 2; and
WHEREAS, public notice of the Subdivision 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 22, 2008.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
Section 1. The City Council has considered Tentative Tract Map No.
35563 and hereby finds and determines that the Subdivision complies with the
requirements of Title 16 of the Lake Elsinore Municipal Code.
2
Agenda Item No. 21
Page 11 of 34
Section 2. The City Council finds and determines that in accordance with
CEQA Guidelines Section 15162, the Subdivision does not present a substantial
change or new information that would require further CEQA analysis. The
environmental impacts associated with Subdivision were contemplated by the FEIR and
were fully analyzed and mitigated therein. No new CEQA documentation is necessary
for the Subdivision
Section 3. That in accordance with the Subdivision Map Act and
requirements of the Lake Elsinore Municipal Code, the City Council makes the following
findings for the approval of Tentative Tract Map No. 35563:
1. The 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.
Canyon Hills Specific Plan Amendment No. 2 designates the Subdivision site as
single-family residential (SF2). Consistent with that designation, the Subdivision will
accommodate a single-family residential project with a density of up to four (4)
dwelling units per acre. The Subdivision is consistent with the designated land use,
development and design standards, and all other appropriate requirements
contained in the General Plan, Canyon Hills Specific Plan Amendment No.2, and
Subdivision Map Act.
2. The Subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
The Subdivision 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 Specific Plan Amendment NO.2. Tentative Tract
Map No. 35563 is consistent with the SF2 designation and applicable development
and design standards.
3. The effects this 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 Subdivision is consistent with the City's General Plan, Zoning Code, and the
Canyon Hills Specific Plan Amendment No.2. The Subdivision 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 Subdivision will comply with all appropriate conservation requirements of the
City and Uniform Building Code.
3 Agenda Item No. 21
Page 12 of 34
Section 4. Based upon all of the evidence presented, the above findings,
and the conditions of approval imposed upon the subdivision, the City Council hereby
approves Tentative Tract Map No. 35563.
Section 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 22nd day of January, 2008
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
4
Agenda Item No. 21
Page 13 of 34
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 22nd day of January 2008,
and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
5
Agenda Item No. 21
Page 14 of 34
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35563
GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or
proceeding 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 Tentative Tract Map No. 35563, located within Canyon Hills
Specific Plan (Planning Area 30 A), near the northeast corner of Canyon Hills Road and
Cottonwood Canyon Road, project attached hereto.
PLANNING DIVISION
2. Tentative Tract Map No. 35563 will expire two years from date of approval unless within
that period of time a Final Map has been filed 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.
3. Tentative Tract Map No. 35563 shall comply with the State of California Subdivision Map
Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code
(LEMC), unless modified by approved Conditions of Approval.
4. Future development shall comply with those standards and guidelines of the Elements
contained in the Canyon Hills Specific Plan document.
5. Tentative Tract Map No. 35563 shall comply with the State of California Subdivision Map
Act and applicable requirements contained in the Canyon Hills Specific Plan document and
the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of
Approval.
6. Future development shall comply with those requirements and provisions contained in the
Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition
Agreement, and Community Facilities District (CFD) No. 2003-02.
7. The applicant shall participate in the City of Lake Elsinore Citywide Lighting and Landscape
and Street Maintenance District, as appropriate.
8. The applicant shall provide all project-related onsite and offsite improvements as described
in the Canyon Hills Specific Plan document and Tentative Tract Map No. 35563.
9. The applicant shall implement those mitigation measures identified in the 1989 Final
Canyon Hills Specific Plan EIR and the 2007 Addendum No. 2 to the Final Canyon Hills
Specific Plan EIR.
10.AII future proposals shall be reviewed by the City on a project-by-project basis. If
determined necessary by the Community Development Director or designee, additional
environmental analysis will be required.
Agenda Item No. 21
Page 15 of 34
CONDITIONS OF APPROVAL
PAGE 2 OF 9
TENTATIVE TRACT MAP NO. 35563
11. The applicant shall comply with all conditions of the Riverside County Fire Department.
Future construction shall meet all Riverside County Fire Department standards for fire
protection and any additional requirements requested by the County Fire Department.
PRIOR TO FINAL TRACT MAP
12.Alllots shall comply with minimum standards contained in the Canyon Hills Specific Plan.
13.A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
14. Street names within the subdivision shall be approved by the Community Development
Director or Designee.
15. All of the improvements shall be designed by the applicant's Civil Engineer to the
specifications of the City of Lake Elsinore.
16. The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
PRIOR TO DESIGN REVIEW APPROVAL
17.AII future structural development associated with this map requires separate Design
Review approval.
18. Design for all drainage basins proposed with Tentative Tract Map No. 35563 shall be
approved by the City Engineering Manager and Community Development Director or
designee. Security fencing shall also be shown. Chain-link fencing is prohibited.
PRIOR TO BUILDING PERMIT/GRADING PERMITS
19. 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.
20. The applicant shall obtain all necessary State and Federal permits, approvals, or other
entitlements, where applicable, prior to each phase of development of the project.
21. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be
approved by the Fire Department for future development. Said Plan and Program shall
show those special treatments necessary to achieve an acceptable level of risk in regard to
the exposure of structures to flammable vegetation and shall describe the method of
removal and installation, and provisions for maintenance. The City's Landscape Architect
shall ensure compliance of said program.
Agenda Item No. 21
Page 16 of 34
CONDITIONS OF APPROVAL
PAGE 3 OF 9
TENTATIVE TRACT MAP NO. 35563
22. 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.
23. The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
24. The subject Tentative Map shall annex into the existing Canyon Hills Homeowner's
Association.
25. The applicant shall pay applicable fees and obtain proper clearance from the appropriate
School District prior to issuance of building permits.
26. The applicant shall provide connection to public sewer for each lot within any subdivision.
No service laterals shall cross adjacent property lines and shall be delineated on
engineering sewer plans and profiles for submittal to the EVMWD.
27. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan
addressing the following:
. Show that a masonry or decorative block wall will be constructed along the entire tract
boundary.
. Show materials, colors, and heights of rear, side and front walls/fences for proposed
lots.
. Show that front return walls shall be decorative masonry block walls. Front return wood
fences shall not be permitted.
. Show that side walls for corner lots shall be decorative masonry block walls.
. Show that those materials provided along the front elevations (ie. brick, stone, etc.) will
wrap around the side elevation and be flush with the front return walls.
28. The applicant shall submit plans to the electric utility company for a layout of the street
lighting system. The cost of street lighting, installation as well as energy charges shall be
the responsibility of the developer and/or the association. Said plans shall be approved by
the City and shall be installed in accordance with the City Standards.
29. The applicant shall meet all requirements of the providing electric utility company.
30. The applicant shall meet all requirements of the providing gas utility company.
31. The applicant shall meet all requirements of the providing telephone utility company.
32.A bond is required guaranteeing the removal of all trailers used during construction.
Agenda Item No. 21
Page 17 of 34
CONDITIONS OF APPROVAL
PAGE 4 OF 9
TENTATIVE TRACT MAP NO. 35563
33. All signage shall be subject to Planning Division review and approval prior to installation.
34. Any alterations to the topography, ground surface, or any other site preparation activity will
require appropriate grading permits. A Geologic Soils Report with associated
recommendations will be required for grading permit approval, and all grading must meet
the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning
Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim
and permanent erosion control measures are required. The applicant shall bond 100% for
material and labor for one year for erosion control landscaping at the time the site is rough
graded.
35. 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.
36. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site
identifying the approved days and hours of construction activity (i.e., 7:00 A.M. - 5:00 P.M.,
Monday through Friday with no construction activity to occur on Saturdays, Sundays or
legal holidays) and a statement that complaints regarding the operation can be lodged with
the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be
installed prior to the issuance of a grading permit.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
37. The applicant shall restrict all construction traffic from using Lost Road, south and west of
the project boundary. All construction traffic will access the project area from Canyon Hills
Road.
38. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust
suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive
dust suppression techniques may include soil watering, application of soil binders, and/or
placement of gravel or other appropriate material to minimize vehicle generated dust.
39. Open space lots shall be retained by the applicant or dedicated to a Conservancy.
Maintenance of these open space lots shall be the responsibility of either the Conservancy
and/or HOA.
ENGINEERING DIVISION
40. Tentative Tract Map 35563 shall comply with the underlying conditions of approval for Tract
Map No. 30494.
41. All roads shall be constructed to be consistent with the Canyon Hills Specific Plan cross
section for local roads.
Agenda Item No. 21
Page 18 of 34
CONDITIONS OF APPROVAL
PAGE 5 OF 9
TENTATIVE TRACT MAP NO. 35563
42. The applicant shall confirm that the capacity of the detention basin is designed to detain the
additional lots for this project.
43. Grading on adjacent property shall require a "notarized permission to grade" letter from the
affected property owner.
44.AII slopes, cut or fill, shall comply with USC requirements for setback from adjacent
property lines. Diversion of storm water flows shall not be allowed.
45.AII Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
46. Underground water rights shall be dedicated to the City pursuant to the provisions of
Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore
Valley Municipal Water District.
47. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26).
48. Submit a "Will Serve" letter to the City Engineering Division from the applicable water
agency stating that water and sewer arrangements have been made for this project.
Submit this letter prior to final map approval.
49. Construct all public works improvements per approved street plans (LEMC 12.04). Plans
shall be approved and signed by the City Engineer prior to final map approval (LEMC
16.34).
50. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to final map approval.
51. Desirable design grade for local streets should not exceed 9%. The maximum grade of
15% shall only be used because of design constraints approved by the City Engineer and
Fire Department.
52. Provide an access easement over lot "AA" for the proposed maintenance road.
53. Pay all fees and meet requirements of encroachment permit issued by the Engineering
Division for construction of public works improvements (LEMC 12.08 and Resolution 83-
78).
54. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final
inspection of public works improvements will be scheduled and approved.
Agenda Item No. 21
Page 19 of 34
CONDITIONS OF APPROVAL
PAGE 6 OF 9
TENTATIVE TRACT MAP NO. 35563
55. The applicant shall install permanent survey monuments in compliance with the City's
municipal code.
56. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to issuance of grading permit.
57. Provide street lighting and show lighting improvements as part of street improvement plans
as required by the City Engineer.
58. Relocate street light away from the maintenance road right-of-way between lots 1 and 2.
59. 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.
60. Provide fire protection facilities as required in writing by Riverside County Fire.
61. Developer shall install blue reflective pavement markers in the street at all fire hydrant
locations unless this has been previously provided.
62.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to
be approved prior to first certificate of occupancy of any of the three projects. All traffic
control devices shall be installed prior to final inspection of public improvements. This
includes No Parking and Street Sweeping Signs for streets within the tract.
63.AII improvement plans and tract maps shall be digitized. At Certificate of Occupancy
applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or
developer to pay $300 per sheet for City digitizing.
64.Apply and obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be
required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially
modified as determined by the City Engineer. If the grading is less than 50 cubic yards and
a grading plan is not required, a grading permit shall still be obtained so that a cursory
drainage and flow pattern inspection can be conducted before grading begins.
65. Provide soils, geology and seismic report including street design recommendations.
Provide final soils report showing compliance with recommendations.
66.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake
faults and/or liquefaction zones present on-site. In the event a study has been previously
completed or the project is outside the study zone, a letter shall be submitted by a licensed
geologist or geotechnical engineer stating such a condition does not apply.
67.AII grading shall be done under the supervision of a geotechnical engineer and shall certify
all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured
Agenda Item No. 21
Page 20 of 34
CONDITIONS OF APPROVAL
PAGE 7 OF 9
TENTATIVE TRACT MAP NO. 35563
slopes greater than 30 ft. in height shall be contoured with a drainage "V" ditch for every
3D-foot of vertical slope.
68.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.
69. 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.
70. Provide a drainage easement across lot 2 for the proposed storm drain inlet and
conveyance pipe.
71. The finish floor elevation for all buildings shall be 1-foot above the 1 DO-year flood elevation.
72. 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".
73.AII natural drainage traversing site shall be conveyed through the site, or shall be collected
and conveyed by a method approved by the City Engineer.
74. Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
75. Meet all requirements of LEMC 15.68 regarding floodplain management.
76. If applicable, the applicant to provide FEMA elevation certificates prior to certificate of
occupancies.
77. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to
approval of the grading plan. Developer shall mitigate any flooding and/or erosion caused
by development of site and diversion of drainage.
78. All drainage facilities in this tract shall be constructed to Riverside County Flood Control
District Standards.
79. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the
drain system, the wording and stencil shall be approved by the City Engineer.
80. Roof and yard drains shall not be allowed to outlet directly through cuts in the street curb
without first traversing a minimum 20-feet through a landscaped area.
Agenda Item No. 21
Page 21 of 34
CONDITIONS OF APPROVAL
PAGE 8 OF 9
TENTATIVE TRACT MAP NO. 35563
81. 10 year storm runoff should be contained within the curb and the 100 year storm runoff
should be contained within the street right-of-way. When either of these criteria is
exceeded, drainage facilities should be installed.
82. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all
Master Planned Drainage facilities constructed.
83. Developer shall agree to participate in and join a Mello Roos Community Facilities District
(CFD) for infrastructure improvements and operation in the event these projects are not
included with the underlying development.
84.Applicant will be required to install BMP's using the best available technology to mitigate
any urban pollutants from entering the watershed.
85.Applicant shall provide the city with proof of his having filed a Notice of Intent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination
System (NPDES) program with a storm water pollution prevention plan prior to issuance of
grading permit.
86. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for
their Storm Water Pollution Prevention Plan (SWPPP) including approval of erosion control
for the grading plan prior to issuance of grading permits. The applicant shall provide a
WQMP for post construction which describes BMP's that will be implemented for the
development and including maintenance responsibilities.
87. 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.
88.Applicant shall provide first flush BMP's using the best available technology that will reduce
storm water pollutants from parking areas and driveway aisles.
89.Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor
homes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave
satellite antennas. The CC & R's shall be approved by the Community Development
Director prior to first Certificate of Occupancy.
90.Applicant shall cause to be recorded a CC&R's prior to first Certificate of Occupancy which
provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance
easement in favor of all lots subject to the approval of the director of Community
Development & the City Attorney. The CC& R's shall enforce standards of building
maintenance, participation in landscape maintenance, prohibition of outside vehicle or
material storage.
Agenda Item No. 21
Page 22 of 34
CONDITIONS OF APPROVAL
PAGE 9 OF 9
TENTATIVE TRACT MAP NO. 35563
91.Applicant shall provide a homeowner's association with CC & R's for maintenance of the
open space.
92.AII open space and slopes except for public parks and schools and flood control district
facilities, outside the public right-of-way will be owned and maintained by either a home
owner's association or private property owner.
93. Process required access easements prior to first Certificate of Occupancy.
94. Developer shall provide funding for the re-appropriation calculations of the assessment due
to the increase in lots in the appropriate assessment district.
95.ln 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.
ADMINISTRATIVE SERVICES DEPARTMENT
96. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit
or building permit (as applicable), the applicant shall annex into Lighting and Landscape
Maintenance 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@harris-assoc.com.
COMMUNITY SERVICES DEPARTMENT
97. The Developer shall pay all applicable park fees.
98. Developer shall comply with all City Ordinances regarding construction debris removal and
recycling as per Section 8.32 of the Lake Elsinore Municipal Code.
RIVERSIDE COUNTY FIRE DEPARTMENT
99. The applicant shall comply with all Riverside County Fire Departments requirements and
standards. Provide fire protection facilities as required in writing by the Riverside County
Fire Department.
Agenda Item No. 21
Page 23 of 34
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
DECEMBER 18, 2007
KIRT A. COURY,
PLANNING CONSULTANT
DATE:
PREPARED BY:
PROJECT
TENTATIVE TRACT MAP NO. 35563
APPLICANT:
RUSS RYDER, TRC ENGINEERING, 1181 CALIFORNIA
AVENUE #202, CORONA, CA 92881
JIM STRINGER, PARDEE HOMES, 1385 OLD TEMESCAL
ROAD, CORONA, CA 92881
PROJECT REQUEST
OWNER:
The applicant is proposing Tentative Tract Map No. 35563 in accordance with
development and design standards contained within the Canyon Hills Specific Plan,
approved by the City Council in 2003. The Canyon Hills Specific Plan allows for the
construction of single-family residential uses. The subject Tentative Tract Map
proposes ten (10) total lots (8 single-family residential lots; 1 lettered lot for landscaping,
and 1 lettered lot for open space).
PROJECT LOCATION
Tentative Tract Map No. 35563 is located within the Canyon Hills Specific Plan
(Planning Area 30 A), which is located within the eastern boundaries of the City of Lake
Elsinore, east of the 1-15 Freeway. Direct access to the Specific Plan area is from the 1-
15 Freeway to Railroad Canyon Road, which crosses the northwest corner of the
Specific Plan area. Tentative Tract Map No. 35563 is located near the northeast corner
of Canyon Hills Road and Cottonwood Canyon Road.
ENVIRONMENTAL SETTING
The site is bounded on the north by the Canyon Hills Recreation Center and Open
Space land. Existing single family residences are located to the west of the site and
vacant single family residential land to the east and south.
Agenda Item No. 21
Page 24 of 34
PLANNING COMMISSION STAFF REPORT
TENTATIVE TRACT MAP NO. 35563
DECEMBER 18, 2007
Project
Site
North
Vacant SF2 (PA 30A), Canyon Hills Canyon Hills Specific Plan
S ecific Plan
Vacant Open Space, Canyon Hills Canyon Hills Specific Plan
S ecific Plan
Vacant SF3 (PA 30B), Canyon Hills Canyon Hills Specific Plan
Specific Plan
Single SF2 (PA 14B), Canyon Hills Canyon Hills Specific Plan
Family Specific Plan
Residential
Vacant SF2 (PA 30A), Canyon Hills Canyon Hills Specific Plan
S ecific Plan
South
West
East
PROJECT BACKGROUND
In June 2007 the applicant submitted to the Community Development Department an
application for Tentative Tract Map No. 35563. Tentative Tract Map Review is
necessary to ensure that all new subdivisions conform and are consistent with the City's
General Plan, Zoning Code, and applicable Specific Plan. The applicant has worked
diligently with staff in resolving issues relating to the proposed map.
PROJECT DESCRIPTION
The proposed subdivision is located within, and regulated by, the Canyon Hills Specific
Plan. The Specific Plan intends for those uses proposed with the Tentative Tract Map,
including detached single-family residential development and open space areas, to be
constructed within the identified Planning Area location. The proposed Tentative Tract
Map does not conflict with the intended land uses and their respective locations, nor
does the map conflict with the standards, objectives, and guidelines contained in the
Canyon Hills Specific Plan.
Since the applicant is only considering subdivision of the project site, architectural
and/or building plans for future residences, plotting plans, preliminary wall and fence
plans, etc, have not been submitted for review at this time. These issues will be
addressed when the applicant submits for Design Review approval in the future.
ANAL YSIS
The Tentative Tract Map proposes ten (10) total lots (8 single-family residential lots; 1
lettered lot for landscaping, and 1 lettered lot for open space). The proposed residential
lots range in size from 8,135 square feet to 11,853 square feet, with an average lot size
of 9,138 square feet. Staff has determined that the application complies with Chapter
8.2, (SF2) Single-Family Detached Residential 2 District of the Canyon Hills Specific
Plan, and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, Section(s)
Agenda Item No. 21
Page 25 of 34
PLANNING COMMISSION STAFF REPORT
TENTATIVE TRACT MAP NO. 35563
DECEMBER 18, 2007
66424 and 66427 of the California Subdivision Map Act (CSMA). Environmental
clearance for the requested applications is provided by the 2007 Addendum to the Final
Canyon Hills Specific Plan EIR.
ENVIRONMENTAL DETERMINATION
Environmental clearance and analysis for the proposed application is provided by
Addendum No. 2 to the certified Final Environmental Impact Report, State
Clearinghouse No. 87111606 for the Cottonwood Hills Specific Plan. Addendum NO.2
was approved by the City Council in March 2007 to address minor changes associated
with Specific Plan Amendment No. 2 to the Cottonwood Hills Specific Plan (renamed
the Canyon Hills Specific Plan as part of Specific Plan Amendment No.2). In
accordance with CEQA Guidelines Section 15162, the Project does not present a
substantial change or new information that would require further CEQA analysis. The
environmental impacts associated with development of the Project were contemplated
by Addendum No. 2 to the certified Final Environmental Impact Report, State
Clearinghouse No. 87111606 (the "FEIR") for the Cottonwood Hills Specific Plan and
were fully analyzed and mitigated therein. No new CEQA documentation is necessary
for the Project.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2007-_
recommending to the City Council adoption of findings that the project is exempt from
the MSHCP, Resolution No. 2007-_ recommending to the City Council approval of
Tentative Tract Map No. 35563. This recommendation is based on the findings, exhibits
and conditions of approval attached to this Staff Report.
PREPARED BY:
APPROVED BY:
KIRT A. COURY, PROJECT PLANNER
ROLFE M. PREISENDANZ,
DIRECTOR OF COMMUNITY DEVELOPMENT
ATTACHMENTS
1. Vicinity Map
2. Resolution No. 2007-_ recommending that the City Council make Findings
that the Project is exempt from the Multiple Species Habitat Conservation
Plan (MSHCP).
3. Resolution No. 2007-_ recommending that the City Council approve
Tentative Tract Map No. 35563.
4. Conditions of Approval.
5. Exhibits:
'A': Tentative Tract Map No. 35563 (reduction)
'B': Full Size Plan
Agenda Item No. 21
Page 26 of 34
RESOLUTION NO. 2007-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE
SUBDIVISION IS EXEMPT FROM THE MULTIPLE SPECIES HABITAT
CONSERVATION PLAN (MSHCP)
WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore
requesting approval of Tentative Tract Map No. 35563, which subdivides 22 acres of
land within the Canyon Hills Specific Plan into ten (10) lots, eight (8) single-family
residential lots; one (1) lettered lot for landscaping, and one (1) lettered lot for open
space (the "Subdivision"); and
WHEREAS, Section IV(D) of the City of Lake Elsinore's MSHCP Implementing
Resolution expressly exempts from the MSHCP:
Any project for which and to the extent that vested rights to proceed with
the project notwithstanding the enactment of this Resolution exist under
the common laws of the State of California, a vesting tentative map
pursuant to the Subdivision Map Act, a development agreement pursuant
to Government Code section 65864 et seq., or other instrument, approved
or executed by the City prior to adoption of this Resolution. Projects
subject to this exemption must comply with all provisions of any applicable
state and federal law.
WHEREAS, public notice of the Subdivision 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 December 18, 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 Subdivision and its
exemption from the MSHCP "Plan Wide Requirements" prior to making findings that the
project is indeed exempt.
SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the
MSHCP, the Planning Commission makes the following findings:
1. The Project is a project under the City's MSHCP Resolution, and the City must
make an MSHCP Consistency finding before approval.
The Subdivisiont is exempt from the City's MSHCP Resolution. On July 9, 1990,
the City and Pardee-Grossman/Cottonwood Canyon entered into that certain
development agreement (the "Development Agreement'J, which expressly
exempted the Developer from responsibility for any new development impact
fees. The Development Agreement will expire on July 9, 2010.
Agenda Item No. 21
Page 27 of 34
PLANNING COMMISSION RESOLUTION NO. 2007-_
PAGE 2 OF 3
Even though the Subdivision is exempt from the MSHCP, the Developer must
comply with other state and federal laws. Consistent with federal law, the
applicant had prepared a project-specific Habitat Conservation Plan and has a
history of extensive coordination with the wildlife agencies. Where approved for
development, the project site has already been graded, cleared, or developed in
accordance with the Project HCP. Given the foregoing, no further action
regarding the MSCHP is required.
2. The proposed project is subject to the City's LEAP and the County's Joint Project
Review processes.
See Response #1 above.
3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal
Pools Guidelines.
See Response #1 above.
4. The proposed project is consistent with the Protection of Narrow Endemic Plant
Species Guidelines.
See Response #1 above.
5. The proposed project is consistent with the UrbanlWildlands Interface
Guidelines.
See Response #1 above.
6. The proposed project is consistent with the Vegetation Mapping requirements.
See Response #1 above.
7. The proposed project is consistent with the Additional Survey Needs and
Procedures.
See Response #1 above.
8. The proposed project is consistent with the Fuels Management Guidelines.
See Response #1 above.
9. The proposed project will be conditioned to pay the City's MSHCP Local
Development Mitigation Fee.
Developer is exempt from payment of the City's MSHCP Local Development
Mitigation Fee by virtue of the Development Agreement.
10. The proposed project is consistent with the MSHCP.
See Response #1 above.
SECTION 3. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby recommends that the
City Council find that the Subdivision is exempt from the MSHCP.
Agenda Item No. 21
Page 28 of 34
PLANNING COMMISSION RESOLUTION NO. 2007-_
PAGE 3 OF 3
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 18th day of December 2007, by the
following vote:
AYES: COMMISSIONERS:
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. 21
Page 29 of 34
RESOLUTION NO. 2007-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL
APPROVAL OF TENTATIVE TRACT MAP NO. 35563
WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore
requesting approval of Tentative Tract Map No. 35563, which subdivides 22 acres of
land within the Canyon Hills Specific Plan into ten (10) lots, eight (8) single-family
residential lots; one (1) lettered lot for landscaping, and one (1) lettered lot for open
space (the "Subdivision"); and
WHEREAS, the Subdivision is located within the Canyon Hills Specific Plan
(Planning Area 30 A), which is located within the eastern boundaries of the City of Lake
Elsinore, east of the 1-15 Freeway. Direct access to the Specific Plan area is from the 1-
15 Freeway to Railroad Canyon Road, which crosses the northeast corner of the
Specific Plan area. Tentative Tract Map No. 35563 is located near the southeast corner
of Canyon Hills Road and 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
pertaining to the subdivision of land; and
WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res.
Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et
seq.), public agencies are expressly encouraged to reduce delay and paperwork
associated with the implementation of CEQA by using previously prepared
environmental documents when those previously prepared documents adequately
address the potential impacts of the proposed project (CEQA Guidelines Section
15006); and
WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has
been certified or negative declaration adopted for a project, no subsequent EIR shall be
prepared for that project unless the lead agency determines, on the basis of substantial
evidence in the light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects;
2. Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the previous EIR or
negative declaration due to the involvement of new significant environmental effects or
a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the time the
Agenda Item No. 21
Page 30 of 34
PLANNING COMMISSION RESOLUTION 2007-
PAGE 2 OF 4
previous EIR was certified as complete or the negative declaration was adopted, shows
any of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(8) Significant effects previously examined will be substantially more sever
than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not the be feasible
would in fact be feasible and would substantially reduce one or more significant effects
of the project, but the project proponents decline to adopt the mitigation measure or
alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the mitigation
measure or alternative."; and
WHEREAS, Addendum NO.2 to the certified Final Environmental Impact Report,
State Clearinghouse No. 87111606 (the "FEIR") for the Cottonwood Hills Specific Plan
was prepared and approved by the City Council in March 2007 to address minor
changes associated with Specific Plan Amendment No. 2 to the Cottonwood Hills
Specific Plan (renamed the Canyon Hills Specific Plan as part of Specific Plan
Amendment No.2); and
WHEREAS, the Subdivision was contemplated by Specific Plan Amendment No.
2 and does not present substantial changes or new information regarding the potential
environmental impacts that were analyzed in the FEIR or the changes addressed in
Addendum No 2; and
WHEREAS, public notice of the Subdivision 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 December 18, 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 Subdivision prior to
making a decision to recommend that the City Council approve the application. The
Planning Commission hereby finds and determines that the Subdivision complies with
the requirements of Title 16 of the Lake Elsinore Municipal Code.
SECTION 2. The Planning Commission finds and determines that in accordance
with CEQA Guidelines Section 15162, the Subdivision does not present a substantial
change or new information that would require further CEQA analysis. The
Agenda Item No. 21
Page 31 of 34
PLANNING COMMISSION RESOLUTION 2007-_
PAGE 3 OF 4
environmental impacts associated with Subdivision were contemplated by the FEIR and
were fully analyzed and mitigated therein. No new CEQA documentation is necessary
for the Subdivision.
SECTION 3. That in accordance with the Subdivision Map Act and requirements
of the Lake Elsinore Municipal Code, the Planning Commission makes the following
findings for the approval of Tentative Tract Map No. 35563:
1. The 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.
Canyon Hills Specific Plan Amendment No. 2 designates the Subdivision site as
single-family residential (SF2). Consistent with that designation, the Subdivision will
accommodate a single-family residential project with a density of up to four (4)
dwelling units per acre. The Subdivision is consistent with the designated land use,
development and design standards, and all other appropriate requirements
contained in the General Plan, Canyon Hills Specific Plan Amendment No.2, and
Subdivision Map Act.
2. The Subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
The Subdivision 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 Specific Plan Amendment NO.2. Tentative Tract
Map No. 35563 is consistent with the SF2 designation and applicable development
and design standards.
3. The effects this 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 Subdivision is consistent with the City's General Plan, Zoning Code, and the
Canyon Hills Specific Plan Amendment NO.2. The Subdivision 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 Subdivision will comply with all appropriate conservation requirements of the
City and Uniform Building Code.
Agenda Item No. 21
Page 32 of 34
PLANNING COMMISSION RESOLUTION 2007-_
PAGE 4 OF 4
SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the subdivision, the Planning Commission
hereby recommends that the City Council approve Tentative Tract Map No. 35563.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 18th day of December 2007, by the
following vote:
AYES: COMMISSIONERS:
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. 21
Page 33 of 34
~~
~~
~~
"'1
.
~~
<:.. ........ ~
1----
u~
~~
t-;~
~
~~
--~
t::: ~ .
~~
~~ ,
~~
~~
\(~.....
"t.:h
'(,-~~~
"l.)...
~......
'01'..<-..
'C..~,;..
~; ,
I
. I
~ r.,
I! ! ~I I i wI :!
Ii! " i I Ii Ii! i;i h i
II I " ~ i. Ie I Iii' I I
Ii P i I!! HI; ! I P~hn ;!I! d; i
Ii i i = I II I I! II ~ II ;;: '!Ii 'iii r II ,.
ill~ :ili I; t h 1111 I ~.! ili! Ii I; MI !I E I ;'1
i ~ ;; i, I' ~ I I I r r r. I' I
~ ~J II ~ i! II il !I ~ I i!lill ~ 1 BUll! I! 1111 "
" ~., I I d It & 117'Q I 'i II! 'I '1'1=11 I .~ II U
'-, '" ;I~ I ~ ~I ~ ~ ! ~I ~! ~; ~h' :': ! d I!I! !.ur ns. .
I'
. · s
!Ii ! I I
lillll.!. ~i!n
!Ml ~nd ~I!n
~ ;. !
~ -I'I ~ ~
!ol.IlIi ~ i~ 8';
:;;l;:~~.., ll~ ;'1
i:: Q ~ ~ 1',1 i Il ~
~ ~ ~... .' I5~U ~
~~ ~~ j'll
~ t-- ~ ~ i' 'I
~~ u~ ~~!PI ~ ;11
!:'C B~l~ "i. i
~ ~;i;~ bUi
I I
n n II
i II! II! !II
~~11!l ~11!l ~!III
'dm ; m . I i
.
I
.1
~ .
~ ~
~ I
LI
.
! I
r .
,
I
!'le I!;b.hllll.
,,111111101111:1111
....:!:i..II.!..d..I.......
. I ; I I .
~hlllllldll.IIII.11111 ~II
II II.... I . I
.................... I! III
II 111'lllll i I.
. ,ilil ilmll g ~;
! Ii l'illl!l,li. . '~~II~II~Dg g! I
~I hlll~~~!I,:~I~IIII! 1111 i II ZiS17iI.
. ..,......1> 'i'."){~ii II ~ ~
age 0
CITY OF .~
LAKE 6LSiNO~
, I
'-.@ 0 REAM EX'TREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: INTRODUCTION OF AN ORDINANCE REGULATING HOTEL AND
MOTEL REGISTRATION - PSAC RECOMMENDATION
Backaround
This recommendation is presented by the Public Safety Advisory Commission to aid the
Lake Elsinore Police Department's motel and hotel crime interdiction efforts. Requiring
guests to provide sufficient personal and vehicle identification prior to renting a room
may decrease the chances of rooms being used for criminal activities.
Discussion
The City Attorney's office conducted a review of sample ordinances from San Diego and
other regions. The attached ordinance represents a joint recommendation from PSAC
and the LEPD.
The Ordinance includes a requirement for guest registry records to be maintained for
three years. Secondly, it provides for guest identification to include a photograph. The
ordinance requires guests to include their vehicle make and license number information
at the time of registration. Finally, the ordinance requires innkeepers to notify the police
when renting a room to a minor.
Fiscal Impact
None.
Recommendation
Waive further reading and introduce an ordinance adding Chapter 5.58 to the Lake
Elsinore Municipal Code regarding hotels and motels.
Agenda Item No. 22
Page 1 of 6
Ordinance Regulating Hotel Registration
January 22, 2008
Page 2
Prepared by:
Mark Dennis ?rJ ~
Information/Communications Manager
Robert A. Brad'l\K1
City Manager -\jJlJ
Approved by:
Agenda Item No. 22
Page 2 of 6
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.58 TO
THE LAKE ELSINORE MUNICIPAL CODE REGARDING
HOTELS AND MOTELS
WHEREAS, City law enforcement personnel have requested that the
City require hotel and motel guests to provide identification information upon
occupancy; and
WHEREAS, motels and hotels that require identification will protect the
public from fraudulent credit card use and theft. Requiring identification upon check-in
is a way that motels and hotels can ensure that a room was not booked with a stolen
credit card; and
WHEREAS, motel and hotel check-in identification protects the safety of
guests by ensuring that that only registered, paid guests are admitted to hotel rooms,
and prevents strangers or criminals from compromising the personal safety of those
staying in the hotel or motel; and
WHEREAS, the City Council desires to add Chapter 5.58 to the Lake
Elsinore Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 5.58 is hereby added to the Lake Elsinore
Municipal Code as follows:
Chapter 5.58
Hotels and Motels
5.58.010.
Guest registration required; preservation; to be open for
inspection.
Every manager or person in control of any inn, motel, hotel, transient
apartment house, rooming house, lodging house, auto court or trailer park in the City
shall keep at all times a register for the registration of transient guests. Such registration
of guests shall be preserved for at least three (3) years, and every such register shall at
all times be subject to inspection by every law enforcement officer of the City.
5.58.020.
Duty of manager, identification.
No manager or other person in control of any inn, motel, hotel, transient
apartment house, rooming house, lodging house, auto court or trailer park in the City
Agenda Item No. 22
Page 3 of 6
shall let or assign for temporary or transient occupancy any suite, room or bed in any
such inn, hotel, apartment house, rooming house, lodging house, auto court or trailer
park to any person until such person shall have registered his name and address in the
register provided for in Section 5.58.010 to be kept, and until such register shall have
been made to show correctly the year, month, day and hour of the arrival of such
person thereat, and the number of the suite or room let and assigned to such guest.
Said manager or person in control shall require identification of any guest, roomer or
lodger, at the time of registration, and in a valid and current format showing the person's
photograph, name and date of birth, and may be, but is not limited to, a driver's license,
state, federal or military issued picture identification card, or such other form as will
reasonably assure that the registrant is, in fact, the person under whose name such
lodging, room, or accommodation is, in fact, being procured
5.58.030.
Time of departure to be entered; alterations.
The manager or person in control of an inn, motel, hotel, transient
apartment house, rooming house, lodging house, auto court or trailer park in the City,
shall, at all time of the departure of each guest, if such time is known, enter upon the
register required by Section 5.58.010 the date and time of departure, or, if the exact
time of departure is not known, the date and time that the fact of departure of each
guest is ascertained, and shall not erase or alter, or suffer or permit to be erased or
altered, any of these entries in the register.
5.58.040.
Registration of guest vehicles.
Every manager or person in control of any inn, motel, hotel, transient
apartment house, rooming house, lodging house, auto court or trailer park in the City
shall, in addition to other requirements of this Chapter, enter the make, type, license
number and name of issuing state of any motor vehicle or vehicles in the immediate
possession of each guest or guests, if such there be, in the register herein provided to
be kept.
5.58.050.
Report of renting room to minor.
Any person, whether the owner, employee, agent or manager of any inn,
motel, hotel, transient apartment house, rooming house, lodging house, auto court or
trailer park in the City, who rents or lets any room or rooms or any trailer or trailers to be
used on the premises and not removed therefrom or allows any such room or rooms or
trailer or trailers to be occupied by any minor of less than eighteen (18) years of age,
unless such minor is accompanied by his or her parent, parents or legal guardian, shall
immediately by telephone and within twenty-four (24) hours by written and signed report
notify the police department of such occurrence.
SECTION 2. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held invalid,
such invalidity shall not affect the other provisions of this Ordinance and are hereby
declared to be severable.
2
Agenda Item No. 22
Page 4 of 6
SECTION 3. This Ordinance shall take effect thirty (30) days after the
date of its final passage. The City Clerk shall certify as to adoption of this Ordinance
and cause this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this _ day of , 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 22
Page 5 of 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the day of
2008, and was finally passed at a regular meeting of the City Council of
the City of Lake Elsinore held on the day of , 2008, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 22
Page 6 of 6
CITY OF ~
LAKE 6LSiNORJ:
, I
Y DREAM EXTREME...
REPORT TO CITY COUNCIL
TO:
FROM:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO. 1239,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION
AREA NO. 24 (RIVER'S EDGE)
Discussion
Ordinance No. 1239 was introduced at a regular City Council meeting on January 8,
2008, and is now being presented for second reading and adoption.
Recommendation
Waive further reading and adopt Ordinance No. 1239, entitled:
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. 24 (RIVER'S
EDGE) ANNEXED TO SAID DISTRICT
Prepared by:
Vivian M. Munso~
City Clerk
Robert A. Brady~ {J(
City Manager ~
Approved by:
Agenda Item No. 23
Page 1 of 7
ORDINANCE NO. 1239
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 T AX WITHIN
ANNEXATION AREA NO. 24 (RIVER'S EDGE) ANNEXED
TO SAID DISTRICT
WHEREAS, on November 13, 2007, the City Council (the "Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. 2007-184 stating its
intention to annex certain property (Annexation Area No. 24 (River's Edge) ("Annexation
Area No. 24")) into City of Lake Elsinore Community Facilities District No. 2003-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS, notice was published as required by law relative to the
intention of the Council to annex Annexation Area No. 24 into the District; and
WHEREAS, on January 8, 2008, this Council held a noticed public hearing
as required by law relative to the determination to proceed with the annexation of
Annexation Area No. 24 into the District and the rate and method of apportionment and
manner of collection of the special tax to be levied within Annexation Area No. 24 to
finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the annexation of Annexation Area No. 24 were heard and a full and fair
hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2008- . 1 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 24, annexed Annexation Area No. 24 into the District and authorized
the levy of a special tax within Annexation Area No. 24; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2008- ? which called an election within Annexation Area No. 24 for January 8,
2008, on the proposition of levying a special tax; and
WHEREAS, on January 8, 2008, an election was held within each
Annexation Area No; 24 in which the eligible electors approved by more than two-thirds
vote the proposition of levying a special tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
1
Agenda Item No. 23
Page 2 of 7
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY ORDAIN AS
FOllOWS:
SECTION 1. A special tax is levied within the boundaries of Annexation
Area No. 24 pursuant to the formula set forth in Exhibit "A" attached hereto and
incorporated by reference in an amount necessary to finance a portion of the cost of
providing law enforcement, fire and paramedic services that are in addition to those
provided in the territory within Annexation Area No. 24 prior to the annexation of
Annexation Area No. 24 into the District, periodic costs, and costs of the tax levy and
collection.
SECTION 2. This legislative body is hereby further authorized each year,
by resolution adopted as provided in Section 53340 of the Act, to determine the specific
special tax rate and amount to be levied for the next fiscal year, except that the special
tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A."
SECTION 3. All of the collections of the special tax shall be used as
provided for in the Act and Resolution No. 2008- 1 of the Council.
SECTION 4. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and the same procedure and sale in cases of delinquency and provided
for ad valorem taxes.
SECTION 5. 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 leastonce 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 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. This ordinance relating to the levy of the special tax takes
effect and shall be in force from and after thirty (30) days after the date of its final
passage. 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. 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.
2
Agenda Item No. 23
Page 3 of 7
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 22nd day of January 2008.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 23
Page 4 of 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of lake Elsinore, California, hereby
certify that the foregoing Ordinance No. 1239 was introduced at a regular
meeting of the City Council of the City of lake Elsinore on the 8th day of
January 2008, and was finally passed at a regular meeting of the City Council of the
City of Lake Elsinore held on the 22nd day of January 2008, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 23
Page 5 of 7
EXHIBIT A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic
Services) (the "District"), in accordance with the rate and method of apportionment of
special taxes hereinafter set forth. All of the property within the District that is not
Developed Residential or Developed Multi-Family Residential Property shall be exempt
from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifying number on a map of the County Assessor of the County of
Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Properly. Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March 1 preceding the Fiscal
Year for the construction of a Unit that is located or shall be located within a building in
which each individual Units has or shall have at least one common wall with another
Unit.
Developed Residential Properly. All other Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March 1 preceding
any Fiscal Year for the construction of a Unit that is not Developed Multi-family
Property.
30.
Fiscal Year. The period beginning on July 1 and ending on the following June
Maximum Annual Special Taxes. The maximum annual special taxes levied
within the District f()r any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
Agenda Item No. 23
Page 6 of 7
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2003, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year
2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual
Special Taxes on each Assessor's Parcel of Developed Residential Property in the
amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property in
the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be
increased annually by 2%, commencing in Fiscal Year 2004-05, and each Fiscal Year
thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected
in the same manner as ordinary ad valorem property taxes are collected and shall be
subject to the same penalties and the same procedure, sale, and lien priority in case of
delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes
when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the
Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes
shall continue in force and effect until the Special Tax ceases to be levied in the manner
provided by Section 53330.5 of the Government Code.
Agenda Item No. 23
Page 7 of 7
CITY OF .~
LAKE 6LSiNORE:
\ I
V DREAM EXTREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO. 1240,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION
AREA NO.3 (RIVER'S EDGE)
Discussion
Ordinance No. 1240 was introduced at a regular City Council meeting on January 8,
2008, and is now being presented for second reading and adoption.
Recommendation
Waive further reading and adopt Ordinance No. 1240, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY
OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM
DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO. 3 (RIVER'S
EDGE) ANNEXED TO SAID DISTRICT
Prepared by:
Vivian M. Muns~
City Clerk
Robert A. BradY~<<
City Manager \lOV
Approved by:
Agenda Item No. 24
Page 1 of 7
ORDINANCE NO. 1240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS,
OPEN SPACE AND STORM DRAIN MAINTENANCE)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA NO.3 (RIVER'S EDGE) ANNEXED
TO SAID DISTRICT
WHEREAS, on November 13, 2007, the City Council (the !'Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. 2007-185 stating its
intention to annex certain property (Annexation Area No. 3 (River's Edge) ("Annexation
Area No.3")) into City of Lake Elsinore Community Facilities District No. 2006-5 (Parks,
Open Space and Storm Drain Maintenance) (the "District") pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, (the "Act"); and
WHEREAS, notice was published as required by law relative to the
intention of the Council to annex Annexation Area NO.3 into the District; and
WHEREAS, on January 8,2008, this Council held a noticed public hearing
as required by law relative to the determination to proceed with the annexation of
Annexation Area No. 3 into the District and the rate and method of apportionment and
manner of collection of the special tax to be levied within Annexation Area No.3 to
finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the annexation of Annexation Area No. 3 were heard and a full and fair
hearingwas held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2008- 4. determining the validity of prior proceedings relative to the annexation of
Annexation Area No.3, annexed Annexation Area No. 3 into the District and authorized
the levy of a special tax within Annexation Area No.3; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2008- 5. which called an election within Annexation Area No. 3 for January 8,
2008, on the proposition of levying a special tax; and
WHEREAS, on January 8, 2008, an election was held within each
Annexation Area No. 3 in which the eligible electors approved by more than two-thirds
vote the proposition of levying a special tax.
NOW, THEREFQRE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN
1
Agenda Item No. 24
Page 2 of 7
SPACE AND STORM DRAIN MAINTENANCE), DOES HEREBY ORDAIN AS
FOllOWS:
SECTION 1. A special tax is levied within the boundaries of Annexation
Area No. 3 pursuant to the formula set forth in Exhibit "A" attached hereto and
incorporated by reference in an amount necessary to finance a portion of the cost of
providing parks, open space and storm drain maintenance services that are in addition
to those provided in the territory within Annexation Area No.3 prior to the annexation of
Annexation Area No. 3 into the District, periodic costs, and costs of the tax levy and
collection.
SECTION 2. This legislative body is hereby further authorized each year,
by resolution adopted as provided in section 53340 of the Act, to determine the specific
special tax rate and amount to be levied for the next fiscal year, except that the special
tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A."
SECTION 3. All of the collections of the special tax shall be used as
provided for in the Act and Resolution No. 2008- 4 of the Council.
SECTION 4. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and the same procedure and sale in cases of delinquency and provided
for ad valorem taxes.
SECTION 5. 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 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. This ordinance relating to the levy of the special tax takes
effect and shall be in force from and after thirty (30) days after the date of its final
passage. 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. 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.
2
Agenda Item No. 24
Page 3 of 7
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 22nd day of January 2008.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 24
Page 4 of 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. 1240 was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 8th day of
January 2008, and was finally passed at a regular meeting of the City Council of the
City of Lake Elsinore held on the 22nd day of January 2008, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 24
Page 5 of 7
EXHIBIT A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2006-5
(PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed R~sidential Property and
Developed Multi-Family Property (as hereinafter defined) in City of Lake Elsinore
Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain
Maintenance) (the "District"), in accordance with the rate and method of apportionment
of special taxes hereinafter set forth.
Definitions
"Assessor's Parcel" means a parcel of land in the District designated and
assigned a discrete identifying number on a map of the County Assessor of the County
of Riverside.
"City" means the City of Lake Elsinore, California.
"Developed Multifamily Unit" means a residential dwelling unit within a building
in which each of the individual dwelling units has or shall have at least one common wall
with another dwelling unit and a building permit has been issued by the City for such
dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax is
being levied.
"Developed Non-Residential Property" means all Assessor's Parcels for which
a building permit was issued by the City for any type of non-residential use on or prior to
May 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Developed Single Family Unit" means a r~sidential 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 is being levied.
"Fiscal Year" means the period beginning on July 1 and ending on the following
June 30.
"Maximum Special Tax" means the maximum Special Tax that can be levied by
CFD No. 2006-5 in any Fiscal Yearon any Assessor's Parcel.
"Operating Fund" means a fund that shall be maintained for CFD No. 2006-5
for any Fiscal Year to pay for the actual costs of maintenance related to the Service
Area, and the applicable Adrninistrative Expenses.
Agenda Item No. 24
Page 6 of 7
"Operating Fund Balance" means the amount of funds in the Operating Fund
at the end of the preceding Fis'cal Year.
"Service Area" means parks, open space, and storm drains.
"Special Tax" means any of the special taxes authorized to be levied within
CFD No. 2006-5 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement" means the amount determined in any Fiscal Year
for CFD No. 2006-5 equal to (i) the budgeted costs directly related to the Service Area,
including maintenance, repair and replacement of certain components of the Service
Area which have been accepted and maintained or are reasonably expected to be
accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses,
and (Hi) anticipated delinquent Special Taxes based on the delinquency rate in CFD No.
2006-5 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as
determined by the CFD Administrator.
"Unit" means each separate residential dwelling unit, which comprises an
independent facility capable of conveyance or use separate from adjacent dwelling
units.
Rate and Method of Apportionment of the Special Tax
Commencing Fiscal Year 2005-2006 and for each subsequent Fiscal Year, the
City Council. shall levy Special Taxes on (i) all Asses.sor's Parcels containing a
Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's
Parcels of Non-Residential Property, up to the applicable Maximum Special Tax to fund
the Special Tax Requirement.
. .
The Maximum Sp~cial Tax for Fiscal Year 2005-2006 shall be $242 per
Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre
for each Assessor's Parcel of Non-Residential Property.
On. each July 1, commencing July 1, 2006, the Maximum Special Tax shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
Duration of the Special Tax
The Special Tax shall be levied in perpetuity to fund the Special Tax
Requirement, unless no longerreguired as determined at the soJe discretion of the City
Council.
Collection of the Special Tax
The Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, thatCFD No. 2006-5 may
collect the Special Tax at a different time or in a different manner if necessary to meet
its funding requirements. .
Agenda Item No. 24
Page 7 of 7
CITY OF ~
LAKE ,6,LSiNOR!;
V DREAM EIT REME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO. 1241,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION
AREA NO.1 (RED KITE)
Discussion
Ordinance No. 1241 was introduced at a regular City Council meeting on January 8,
2008, and is now being presented for second reading and adoption.
Recommendation
Waive further reading and adopt Ordinance No. 1241, entitled:
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. 2007-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO. 1 (RED KITE)
ANNEXED TO SAID DISTRICT
Prepared by:
Vivian M. Muns€
City Clerk
Robert A. Brad,J\ '"
City Manager W
Approved by:
Agenda Item No. 25
Page 1 of 7
ORDINANCE NO. 1241
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. 2007-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA NO. 1 (RED KITE) ANNEXED TO
SAID DISTRICT
WHEREAS, on November 27,2007, the City Council (the "Council") of the
City of Lake Elsinore, California (the "City") adopted Resolution No. 2007-196 stating its
intention to annex certain property (Annexation Area No. 1 (Red Kite) ("Annexation Area
No.1")) into City of Lake Elsinore Community Facilities District No. 2007-1 (Law
Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos
Community FacilitiesAct of 1982, as amended, (the "Act"); and
WHEREAS, notice was published as required by law relative to the
intention of the Council to annex Annexation Area No.1 into the District; and
WHEREAS, on January 8, 2008, this Council held a noticed public hearing
as required by law relative to the determination to proceed with the annexation of
Annexation Area No. 1 into the District and the rate and method of apportionment and
manner of collection of the special tax to be levied within Annexation Area No. 1 to
finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the annexation of Annexation Area No. 1 were heard and a full and fair
hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2008- 7 determining the validity of prior proceedings relative to the annexation of
Annexation Area No.1, annexed Annexation Area No. 1 into the District and authorized
the levy of a special tax within Annexation Area No.1; and
WHEREAS, the Council subsequent to said hearing adopted Resolution
No. 2008- 8 which called an election within Annexation Area No. 1 for January 8,
2008, on the proposition of levying a special tax; and
WHEREAS, on January 8, 2008, an election was held within each
Annexation Area No. 1 in which the eligible electors approved by more than two-thirds
vote the proposition of levying a special tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY. OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW
1
Agenda Item No. 25
Page 2 of 7
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY ORDAIN AS
FOllOWS:
SECTION 1. A special tax is levied within the boundaries of Annexation
Area No. 1 pursuant to the formula set forth in Exhibit "A" attached hereto and
incorporated by reference in an amount necessary to finance a portion of the cost of
providing law enforcement, fire and paramedic services that are in addition to those
provided in the territory within Annexation Area No. 1 prior to the annexation of
Annexation Area No. 1 into the District, periodic costs, and costs of the tax levy and
collection.
SECTION 2. This legislative body is hereby further authorized each year,
by resolution adopted as provided in Section 53340 of the Act, to determine the specific
special tax rate and amount to be levied for the next fiscal year, except that the special
tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A."
SECTION 3. All of the collections of the special tax shall be used as
provided for in the Act and Resolution No. 2008- 7 of the Council.
SECTION 4. The above authorized special tax shall be collected in the
same manner as ordinary ad valorem taxes are collected and shall be subject to the
same penalties and the same procedure and sale in cases of delinquency and provided
for ad valorem taxes.
SECTION 5. 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 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. This ordinance relating to the levy of the special tax takes
effect and shall be in force from and after thirty (30) days after the date of its final
passage. 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. 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.
2
Agenda Item No. 25
Page 3 of 7
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 22nd day of January 2008.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 25
Page 4 of 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. 1241 was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 8th day of
January 2008, and was finally passed at a regular meeting of the City Council of the
City of Lake Elsinore held on the 22nd day of January 2008, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 25
Page 5 of 7
EXHIBIT A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property and
Developed Multi-Family Property (as hereinafter defined) in the City of Lake Elsinore
Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic
Services) (the "District"), in accordance with the rate and method of apportionment of
special taxes hereinafter set forth. All of the property within the District that is not
Developed Residential or Developed Multi-Family Residential Property shall be exempt
from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifying number on a map of the County Assessor of the County of
Riverside.
City. City of Lake Elsinore, California.
Developed Multi-Family Property. Assessor's Parcels in the District for which a
building permit has been issued by the City on or prior to March 1 preceding the Fiscal
Year for the construction of a Unit that is located or shall be located within a building in
which each individual Units has or shall have at least one common wall with another
Unit.
Developed Residential Property. All other Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March 1 preceding any
Fiscal Year for the construction of a Unit that is not Developed Multi-family Property.
Fiscal Year. The period beginning on July 1 and ending on the following June 30.
Maximum Annual Special Taxes. The maximum annual special taxes levied
within the District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an independent
facility capable of conveyance or use separate from adjacent dwelling units.
Agenda Item No. 25
Page 6 of 7
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July 1 of each Fiscal Year, commencing July 1, 2007, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Multi-Family Property. Beginning in Fiscal Year
2007-08, and all subsequent Fiscal Years, the City shall levy the Maximum Annual
Special Taxes on each Assessor's Parcel of Developed Residential Property in the
amount of $416 and on each Assessor's Parcel of Developed Multi-Family Property in
the amount of $208 per Unit. The amount of Maximum Annual Special Taxes shall be
increased annually by 2%. commencing in Fiscal Year 2008-09, and each Fiscal Year
thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law
Enforcement, Fire and Paramedic Services are being provided within the District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected
in the same manner as ordinary ad valorem property taxes are collected and shall be
subject to the same penalties and the same procedure, sale, and lien priority in case of
delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes
when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the
Streets and Highways Code. This lien shall be a continuing lien and shall secure each
levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes
shall continue in force and effect until the Special Tax ceases to be levied in the manner
provided by Section 53330.5 of the Government Code.
Agenda Item No. 25
Page 7 of 7
CITY OF ~
LAKE 5LSiNORJ:
, ,
~ DREAM EXTREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO. 1242,
AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A
SPECIAL TAX
Discussion
Ordinance No. 1242 was introduced at a regular City Council meeting on January 8,
2008, and is now being presented for second reading and adoption.
Recommendation
Waive further reading and adopt Ordinance No. 1242, entitled:
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
Prepared by:
Vivian M. Muns~
City Clerk
Robert A. Brady ^ IX
City Manager ~lJV
Approved by:
Agenda Item No. 26
Page 1 of 5
ORDINANCE NO. 1242
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
WHEREAS, on November 27, 2007, the City Council (the "Council") of the City of
Lake Elsinore (the "City") adopted Resolution No. 2007-198 stating its intention to form
the City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite) (the
"CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the
"Act"), to finance 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 November 27, 2007, the Council also adopted Resolution No.
2007-199 stating its intention and the necessity to incur bonded indebtedness in the
amount not to exceed $2,500,000 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 $2,500,000 within the boundaries of the CFD; and
WHEREAS, on January 8, 2008, 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 interestto be paid; and
WHEREAS, at said hearing aI/persons desiring to be heard on all matters
pertaining to the formation of the CFD and the incurring of bonded indebtedness by the
CFDwere heard and afull and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2008- 11 determining the validity of prior proceedings and established the CFD;
and
1
Agenda Item No. 26
Page 2 of 5
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2008- 12 which called an election within the CFD for January 8, 2008, on the
proposition of. incurring bonded indebtedness, levying a special tax and setting an
appropriations limit; and
WHEREAS, on January 8, 2008, an election was held within the CFDin 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY 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 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 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.
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. 2008- 11 (Resolution
of Formation).
SECTION 5. The above authorized Services Special Tax and the Special Tax
shall be coHectedin 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 and provided for ad valorem taxes; provided, however, the CFD may
collect the Services Special Tax and the Special Tax ata different time or in a different
manner ifnecessary 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
2
Agenda Item No. 26
Page 3 of 5
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 takes effect and shall be in force from and after 30 days from the date
of final passage. 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this 22nd day of January ,2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
3
Agenda Item No. 26
Page 4 of 5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing] Ordinance No. 1242 was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 8th day of January, 2008,
and was finally passed at a regular meeting of the City Council of the City of Lake
Elsinore held on the 22nd day of January , 2008, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
4
Agenda Item No. 26
Page 5 of 5
CITY OF .~
LAK,f: ,6.LsiNORJ:
~.~ DREAM EXTREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
JANUARY 22, 2008
SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO. 1243,
REGARDING THE REGULATION OF NEWSRACKS IN PUBLIC
RIGHTS-OF-WAY
Discussion
Ordinance No. 1243 was introduced at a regular City Council meeting on January 8,
2008, and is now being presented with amendments for second reading and adoption.
One clean and one redline version are attached.
The amendments include:
. Section 10AO.020-addition of City Manager or designee for approvals (p.2)
. Section 10AO.070-allows a reduction from six feet to 48 inches as minimum
right-of-way clearance under certain conditions (p.6)
. Section 10AO.080-extends standards of materials to include material that is
distributed, in addition to material that is for sale (p.7)
The ordinance does not regulate courier drop boxes, which might be pre-empted by
federal regulation of couriers and protections on commerce.
Recommendation
Waive further reading and adopt Ordinance No. 1243, entitled:
AN ORDINANCE Of THE CITY COUNCIL Of THE CITY Of LAKE
ELSINORE, CALIfORNIA, ADDING CHAPTER 10040 TO THE
LAKE ELSINORE MUNICIPAL CODE REGARDING THE
REGULATION Of NEWSRACKS IN PUBLIC RIGHTS-Of-WAY
Agenda Item No. 27
Page 1 of 22
ORDINANCE NO. 1243, REGARDING THE REGULATION OF NEWSRACKS
IN PUBLIC RIGHTS-OF-WAY
January 22, 2008
Page 2
Prepared by:
f
Mark Dennisrf
Information/Communications Manager
Robert A. Brady (} Ii
City Manager W
Approved by:
Agenda Item No. 27
Page 2 of 22
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER
10.40 TO THE LAKE ELSINORE MUNICIPAL CODE
REGARDING THE REGULATION OF NEWSRACKS IN
PUBLIC RIGHTS-OF-WAY
WHEREAS, it is the purpose and intent of this chapter to provide for
reasonable and uniform regulatiol\9f !1~'!V~rc~c_k~ Jr:1 !~~ ~i!~;_a_n_d_ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -( Deleted: s
----"W~I;~I;~$l !~~ !J!l~Qr1trQILe~tI219~~JI1~!l! 9!l9 JD~i!l!~r1c~n_~_ Qtr1~Y{~r9~~~ 9!l_- _ - -( Deleted:
the public right-of-way unreasonably interferes with and obstructs the public's use of such
rights-of-way and such obstruction of the free use of property interferes with the
comfortable enjoyment of life and property by the entire community; and
WHEREAS, the protection and preservation of public health, safety and
welfare requires that certain distance and height restrictions be placed on newsracks to
insure the safety of pedestrians using the sidewalks and the safe flow of traffic on streets;
and
WHEREAS, the proliferation of newsracks on public rights-of-way to display
words and pictorial material describing and depicting explicit sexual conduct and nudity,
exposes children, minors and unwilling adults to such material, unreasonably interferes
with the public's use of such right-of-ways, and constitutes unwarranted invasions of
individual privacy; and
WHEREAS, it is the purpose and intent of the special regulations for
materials harmful to minors and sexually explicit material to protect and preserve the
public health, safety and welfare of citizenry, especially minors, and that special
regulation of the time, place and manner of the display of harmful matter and sexually
explicit materials in newsracks is necessary; and
WHEREAS, it is not the intent of this chapter to suppress any speech
activities protected by the First Amendment, but to enact a content neutral ordinance and
to balance protected activities with the need to protect the substantial governmental
interests described above; and
WHEREAS, the City Council wishes to add Chapter 10.40 to the Lake
Elsinore Municipal Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 10.40 of the Lake Elsinore Municipal Code is
added as follows:
Agenda Item No. 27
Page 3 of 22
CHAPTER 10.40
REGULATION OF NEWSRACKS IN PUBLIC RIGHTS OF WAY
10.40.010 Intent.
It is the intent of this chapter to provide for reasonable and uniform
regulationL~f r1~~~r~~_~~ JI"} J~~ _~.i!y-, J~~ _ ~r1~~l'lt~oJI~.9_ pl~~~rn_e_n! _a.Il_cj_~a.ir1te!1?!l~E:l_ ~f_ _ - - { Deleted: s
newsracks on the public right-of-way unreasonably interferes with and obstructs the
public's use of such rights-of-way and such obstruction of the free use of property
interferes with the comfortable enjoyment of life and property by the entire community.
Additionally, special regulation. 9t th_e__ ~rJ1~1. pla_c~ _ a.l}q~a_l'ln_erol J~~ .91spJa.y 9f ~aJE:lda.l~ _ _ _ - { Deleted: s
harmful to minors and sexually explicit material are necessary to protect and preserve
the public health, safety and welfare of the citizenry.
10.40.020 Definitions.
As used in this Chapter, the following terms shall have the meanings set
forth herein:
"Blinder rack" means any opaque material placed within the newsrack in
front of the harmful matter that prevents exposure of the harmful matter to pUblic view.
"City manaQer" means the City ManaQer of the city or his or her desiQnee.
"Custodian" means a person who has the responsibility of placing,
servicing or maintaining a newsrack by depositing in and/or removing material from
such newsrack and/or by collecting money from such newsrack.
"Director of public works" means the Director of Public Works of the city or
his or her designee.
"Display" means to show.
"Harmful matter" means matter taken as a whole, the predominant appeal
of which to the average person, applying contemporary statewide standards, is a
prurient interest, meaning a shameful or morbid interest in nudity, sex or excretion, and
is patently offensive to the prevailing standards in the adult community as a whole with
respect to what is suitable material for minors, and lacks significant literary, artistic,
political, educational or scientific value for minors as described in California Penal Code
Section 313, or its successor sections. When it appears from the nature of the matter or
the circumstances of its dissemination, distribution or exhibition that it is designed for
clearly defined deviant sexual groups, the predominant appeal of the matter shall be
judged with reference to its intended recipient group. In prosecutions under this
chapter, where circumstances of production, presentation, sale, dissemination,
distribution or publicity indicate that matters being commercially exploited by the
2
Agenda Item No. 27
Page 4 of 22
defendant for the sake of its prurient appeal, that evidence is probative with respect to
the nature of the matter and can justify the conclusion that the matter lacks significant
literary, artistic, political, educational or scientific value for minors.
"Knowingly" means being aware of the character of the matter.
"Matter" means any book, magazine, newspaper or any other printed or
written material or any picture, drawing, photograph, motion picture or any other pictorial
representation or any statue of other figure, or any recording, transcription, or
mechanical, chemical, or electrical reproduction of any other articles, equipment,
newsracks or materials.
"Minor" means any natural person under eighteen years of age.
"Newsrack" means any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used or maintained for the display. distribution
or sale of any written or printed material, including, but not limited to, newspapers, news
periodicals, magazines, books, pictures, photographs and records.
"Parkway" means that area between the sidewalk and the curb of any
street and, where there is no sidewalk, that area between the edge of the roadway and
the property line adjacent thereto. "Parkway" also includes any area within a roadway
which area is not a sidewalk and is not open to vehicular traffic.
"Person" means any individual, partnership, firm, association, corporation
or other legal entity.
"Street" means all that area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways, alleys and
sidewalks.
10.40.030 Regulations, restrictions and procedures relating to
news racks.
The regulations, restrictions and procedures set forth in this chapter shall
relate to the installation and maintenance of newsracks in the city.
10.40.040 Newsrack permits.
Applications for installing and maintaining newsracks shall be filed with the
Department of Public Works of the city within one business day of placement within the
city. An application fee may be established by resolution of the city council based on
the actual costs of processing the application. The gir~~!qr_ c;>fJ;?lJt?llc_~~k_s_ ~~~_IL Ls~~~ _ _ _ - Deleted: 0
the permit for the newsrack to the applicant therefor when the applicant has submitted '~-,- Deleted: P
the following information to the city: ' Deleted: W
3
Agenda Item No. 27
Page 5 of 22
A. The name, address and telephone number of the person owning
the newsracks and the name, address, and telephone number of the custodian therefor;
B. The location of newsracks being placed within the city;
C. A written statement whereby the person who will place or maintain
such newsrack on a public street agrees to indemnify and hold harmless the city and its
officers, agents or employees from any loss or liability or damages, including expenses
and costs, for bodily or personal injury and for property damage or other damages
sustained by any person as a result of the installation, use or maintenance of such
newsrack within the city;
D. A certificate of insurance establishing that there is in force and
effect an insurance policy for the permittee which will remain in force during the time
such newsrack is allowed to remain on public property, which policy shall be of public
liability insurance against liability for the death of, or injuries to, persons or damages to
property arising out of accidents attributable to the newsracks on city property. The
amount of the coverage required shall be established by resolution of the city council.
10.40.050 Prohibition of news racks on roadways.
No person shall install, use or maintain any newsrack which projects onto,
into or over any part of the roadway of any public street or which rests, wholly or in part,
upon any portion of the roadway of any public street.
10.40.060 Dangerous conditions or obstructions.
Subject to the specific provision of Section 10.40.070, no person shall
install, use or maintain any newsrack which, in whole or in part, rests upon, in or over
any public sidewalk or parkway when such installation, use or maintenance endangers
the safety of persons on property, or when such area or location is used for public utility
purposes, public transportation purpose, or governmental use, or when such newsrack
interferes with or impedes the flow of pedestrian or vehicular traffic, including the
ingress into or egress from any legally parked or stopped vehicle, any residence or
place of business, or the use of poles, posts, traffic signs or signals, hydrants,
mailboxes or other objects permitted at or near such location.
10.40.070 Standards for maintenance and installation.
Any newsrack which rests, in whole or in part, upon, in or over any public
sidewalk or parkway shall comply with the following standards:
A. No newsrack shall exceed five feet in height as measured from the
sidewalk to the highest point on the newsrack, thirty inches in width, or two feet in
depth.
4
Agenda Item No. 27
Page 6 of 22
B. Newsracks shall only be placed near a curb or adjacent to a wall or
building. Such newsracks placed near the curb shall be parallel thereto and shall be no
less than (i) twenty-four (24) inches from the face of the curb in a designated "no
parking" zone, or (ii) forty-eight (48) inches from the face of the curb if vehicle parking is
allowed adjacent to such curb. Newsracks placed adjacent to the wall of a building shall
be placed parallel to such wall and shall be not more than six inches from the wall. No
such newsrack shall be placed or maintained on the sidewalk or parkway opposite
another newsrack or group of newsracks nor in such a manner that prevents
pedestrians from passing freely and without obstruction along any sidewalk or through
any marked or unmarked crosswalk.
C. No newsrack.. ~I:1ClI'- _b_e_ _cI19lne.d..!_ ~QI!e.d_()r_ c:>t!1~f\lVi.s~_ 9!tc:iC::I:1e.q J9 _ __ _' -{ Deleted: publication vending
property not owned by the owner of such news rack or to any permanently fixed object
unless the custodian of such newsrack shall have obtained the written permission of the
owner of the property or object to which the newsrack is affixed.
D. Newsracks may be placed next to each other; provided, however,
no group of such newsracks shall extend more than eight lineal feet along a curb or
wall, and a space of no less than three feet shall separate each such group of
newsracks, provided the newsracks are otherwise in compliance with the provisions of
this chapter.
E. Such newsracks may be chained or otherwise attached to one
another; provided, however, no more than three such newsracks may be joined together
in this manner, and a space of no less than three feet of clear space shall separate
each group of three or less such newsracks so attached, provided the newsracks are
otherwise in compliance with the provisions of this chapter.
F. No such newsrack or group of such newsracks permitted by the
provisions of subsection E of this section shall weigh, in the aggregate, in excess of one
hundred twenty-five pounds when empty.
G. Notwithstanding any other provision of this chapter, no newsrack
shall be placed, installed, used or maintained:
1. Within five feet of any marked crosswalk;
2. Within fifteen feet of the curb return of any unmarked
crosswalk;
3. Within five feet of any fire hydrant, fire call box, police call
box, or any other emergency facility or structure;
4. Within five feet of any driveway;
5
Agenda Item No. 27
Page 7 of 22
5. Within five feet ahead of or twenty-five feet to the rear of any
sign marking a designated bus stop;
6. Within six feet of any bus bench;
7. In any location if the placement of the newsrack reduces the
cross space or the passageway of pedestrians to less than six feet. unless a reduced
width of not less than four feet is approved by the city manaqer. provided however. such
approved width shall comply with all applicable federal and State laws. includinq without
limitation. the Americans with Disabilities Act;
8. Within three feet of any area improved with lawn, flowers,
shrubs or trees, or within three feet of any display window or any building abutting the
sidewalk or parkway, or in such a manner as to impede or interfere with the reasonable
use of such window for display purposes.
H. No such newsrack shall be used for advertising signs or publicity
purposes except relating to the display, sale, or purchase of the publications sold
therein.
I. Each such newsrack shall be maintained in a clean and neat
condition and in good repair at all times.
J. Notwithstanding the provisions of this section, if the director of
public works finds that the location of a newsrack, in accordance with the standards set
forth in this section, will create or allow a condition prohibited by any other section of
this chapter or will otherwise endanger the public health or safety, the director of public
works may prohibit such location of the newsrack or may allow the location of the
newsrack in a manner deviating from, or at variance with, the standards provided in this
section, subject to such terms, conditions and regulations as the director of public works
may deem necessary to protect the public peace, health, safety and welfare and to
carry out the purposes and intent of this chapter.
1. Such finding may be made by the director of public works at
any time.
2. If such finding is made prior to the issuance of a permit, the
finding shall be set forth as a part of the permit at the time of its issuance.
3. If the finding is made subsequent to the issuance of a permit,
a written notice of the finding of the director of public works shall be given to the owner
or custodian of such newsrack with the direction that there shall be compliance with the
findings of the director of public works within ten business days after the date of mailing
such notice.
6
Agenda Item No. 27
Page 8 of 22
10.40.080
Standards of materials distributed.._
/ / { Deleted: sold
/
/
No publication offered for distributioll, fro_1lJ _ 9IJY _1J~~~r:.a_c!< _ p!~c_e_d_ _oJ _ _ ._ - -[ Deleted: sale
installed in, maintained on or relocated to any public sidewalk or parkway, shall be
displayed or exhibit in any manner which exposes to public view from the street any of
the following:
A. Any statements or words describing explicit sexual acts, sexual
organs or excrement, where such statement or words have as their purpose or effect,
sexual arousal, gratification or affront.
B. Any picture or illustration of genitals, pubic hair, perineums, anuses,
or anal regions of any person, or any picture or illustration which has as its purpose or
effect, sexual arousal, gratification or affront.
C. Any picture or illustration depicting explicit sexual acts, where such
picture or illustration has as its purpose or effect, sexual arousal, gratification or affront.
"Explicit sexual acts" means depictions of sexual intercourse, oral copulation, bestiality,
sadism, masochism or excretory functions in conjunction with sexual activity,
masturbation or lewd exhibition of the genitals, where any of the above conduct is
depicted or described as being performed alone or between members of the same or
opposite sex or between humans and animals or other acts of sexual arousal involving
any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or
anal region.
D. For purposes of this section, no publication shall be considered
displayed or exhibited if the newsrack in which it is placed is covered on all sides,
except for a one inch wide vertical opening for the purpose of indicating the number of
remaining publications, by opaque material preventing exposure to public view from the
street.
10.40.090 Information required.
Every person or custodian who places or maintains a newsrack on a
public sidewalk or parkway within the city shall have his or her or its name, address, and
telephone number affixed thereto in a place where such information may be easily seen
and shall comply fully with the provisions of Section 17570 of the California Business
and Professions Code as it exists on the effective date of the ordinance adopting this
chapter, or as it may be hereafter amended.
10.40.100 Newsracks in violation of the regulations of this chapter.
Upon a determination by the director of public works that a newsrack has
been installed, used or maintained in violation of the provisions of this chapter, an order
to correct the condition will be issued to the owner and custodian of such newsrack.
Such order shall be attached to said newsrack and confirmed by mailing a copy of such
7
Agenda Item No. 27
Page 9 of 22
order to the owner and custodian by certified mail, return receipt requested to the
address stated in the permit application. The order shall be effective upon receipt of the
order by the owner or custodian, or three business days following deposit of the order in
the U.S. mail, whichever occurs first. The order shall specifically describe the offending
condition and describe the actions necessary to correct it. Both the owner and the
custodian shall be responsible for compliance with the order. If the newsrack is in such
a condition or is placed so as to constitute an immediate danger to pedestrians,
motorists or other persons, the director of public works may move the newsrack or take
such other action, including removal, so as to alleviate the dangerous condition. Unless
the determination of the director of public works is appealed, failure to properly correct
the offending condition within ten business days after the date of mailing of the order
shall result in the offending newsrack being removed and processed as unclaimed
property under the applicable provisions of law relating thereto. If the offending
newsrack is not properly identified as to the owner pursuant to the provisions of this
chapter, such newsrack may be removed immediately and processed as unclaimed
property under the applicable provisions of law. The director of public works shall cause
an inspection to be made of the corrected condition or of the newsrack reinstalled after
removal pursuant to the provisions of this section. The owner or custodian of such
newsrack shall be charged an inspection fee for each such news rack so inspected,
which charge shall be in addition to all the other fees and charges required by law. The
amount of the inspection fee shall be set by resolution of the city council.
10.40.110 Appeals.
Any person or entity aggrieved by any finding, notice or action taken
pursuant to the provisions of this chapter may appeal, and shall be apprised of his right
to appeal, to the city manager (or the city manager's designee). The city manager's
decision on the appeal shall be final. An appeal shall be perfected within ten business
days after the receipt of the notice of any protested decision or action by filing with the
office of the city manager a letter of appeal briefly stating the basis for such appeal. The
hearing shall be held on a date no more than twenty days after the receipt of the letter
of appeal. The appellant shall be given at least five days' notice of the time and place of
the hearing. The city manager shall give the appellant, and any other interested party, a
reasonable opportunity to be heard in order to show cause why the determination of the
director of public works should not be upheld. In all such cases, the burden of proof
shall be upon the appellant to show that there was no substantial evidence to support
the action proposed to be taken by the director of public works. At the conclusion of the
hearing, the city manager shall make a final and conclusive determination in writing and
the owner or custodian shall have ten business days after the date of the determination
of the appeal to comply with the order of the city manager.
10.40.120 Restriction of displayed harmful matter to minors.
Any person who knowingly displays, or causes to be displayed, harmful
matter as defined in this chapter in any newsrack which is located on a public sidewalk,
or any other public place from which minors are not excluded, is guilty of a
8
Agenda Item No. 27
Page 10 of 22
misdemeanor, unless such person places what is commonly known as blinder racks in
front of the material, so that the lower two-thirds of the material is not exposed to view
and so that no harmful matter is exposed to public view.
SECTION 2. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held invalid,
such invalidity shall not affect the other provisions of this Ordinance and are hereby
declared to be severable.
SECTION 3. This Ordinance shall take effect thirty (30) days after the
date of its final passage. The City Clerk shall certify as to adoption of this Ordinance
and cause this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this _ day of January, 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
9
Agenda Item No. 27
Page 11 of 22
STATE OF CALIFORNIA )
COUNTY OF RIVERSJ.[?~_ls~,- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the day of
2008, and was finally passed at a regular meeting of the City Council of
the City of Lake Elsinore held on the day of , 2008, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
10
-[ Deleted: U
Agenda Item No. 27
Page 12 of 22
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER
10.40 TO THE LAKE ELSINORE MUNICIPAL CODE
REGARDING THE REGULATION OF NEWSRACKS IN
PUBLIC RIGHTS-OF-WAY
WHEREAS, it is the purpose and intent of this chapter to provide for
reasonable and uniform regulation of newsracks in the city; and
WHEREAS, the uncontrolled placement and maintenance of newsracks on
the public right-of-way unreasonably interferes with and obstructs the public's use of such
rights-of-way and such obstruction of the free use of property interferes with the
comfortable enjoyment of life and property by the entire community; and
WHEREAS, the protection and preservation of public health, safety and
welfare requires that certain distance and height restrictions be placed on newsracks to
insure the safety of pedestrians using the sidewalks and the safe flow of traffic on streets;
and
WHEREAS, the proliferation of newsracks on public rights-of-way to display
words and pictorial material describing and depicting explicit sexual conduct and nudity,
exposes children, minors and unwilling adults to such material, unreasonably interferes
with the public's use of such rig ht-of-ways , and constitutes unwarranted invasions of
individual privacy; and
WHEREAS, it is the purpose and intent of the special regulations for
materials harmful to minors and sexually explicit material to protect and preserve the
public health, safety and welfare of citizenry, especially minors, and that special
regulation of the time, place and manner of the display of harmful matter and sexually
explicit materials in newsracks is necessary; and
WHEREAS, it is not the intent of this chapter to suppress any speech
activities protected by the First Amendment, but to enact a content neutral ordinance and
to balance protected activities with the need to protect the substantial governmental
interests described above; and
WHEREAS, the City Council wishes to add Chapter 10.40 to the Lake
Elsinore Municipal Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 10.40 of the Lake Elsinore Municipal Code is
added as follows:
1
Agenda Item No. 27
Page 13 of 22
CHAPTER 10.40
REGULATION OF NEWSRACKS IN PUBLIC RIGHTS OF WAY
10.40.010 Intent.
It is the intent of this chapter to provide for reasonable and uniform
regulation of newsracks in the city. The uncontrolled placement and maintenance of
newsracks on the public right-of-way unreasonably interferes with and obstructs the
public's use of such rights-of-way and such obstruction of the free use of property
interferes with the comfortable enjoyment of life and property by the entire community.
Additionally, special regulation of the time, place and manner of the display of materials
harmful to minors and sexually explicit material are necessary to protect and preserve
the public health, safety and welfare of the citizenry.
10.40.020 Definitions.
As used in this Chapter, the following terms shall have the meanings set
forth herein:
"Blinder rack" means any opaque material placed within the newsrack in
front of the harmful matter that prevents exposure of the harmful matter to public view.
"City manager" means the City Manager of the city or his or her designee.
"Custodian" means a person who has the responsibility of placing,
servicing or maintaining a newsrack by depositing in and/or removing material from
such newsrack and/or by collecting money from such newsrack.
"Director of public works" means the Director of Public Works of the city or
his or her designee.
"Display" means to show.
"Harmful matter" means matter taken as a whole, the predominant appeal
of which to the average person, applying contemporary statewide standards, is a
prurient interest, meaning a shameful or morbid interest in nudity, sex or excretion, and
is patently offensive to the prevailing standards in the adult community as a whole with
respect to what is suitable material for minors, and lacks significant literary, artistic,
political, educational or scientific value for minors as described in California Penal Code
Section 313, or its successor sections. When it appears from the nature of the matter or
the circumstances of its dissemination, distribution or exhibition that it is designed for
clearly defined deviant sexual groups, the predominant appeal of the matter shall be
judged with reference to its intended recipient group. In prosecutions under this
chapter, where circumstances of production, presentation, sale, dissemination,
distribution or publicity indicate that matters being commercially exploited by the
2
Agenda Item No. 27
Page 14 of 22
defendant for the sake of its prurient appeal, that evidence is probative with respect to
the nature of the matter and can justify the conclusion that the matter lacks significant
literary, artistic, political, educational or scientific value for minors.
"Knowingly" means being aware of the character of the matter.
"Matter" means any book, magazine, newspaper or any other printed or
written material or any picture, drawing, photograph, motion picture or any other pictorial
representation or any statue of other figure, or any recording, transcription, or
mechanical, chemical, or electrical reproduction of any other articles, equipment,
news racks or materials.
"Minor" means any natural person under eighteen years of age.
"News rack" means any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used or maintained for the display, distribution
or sale of any written or printed material, including, but not limited to, newspapers, news
periodicals, magazines, books, pictures, photographs and records.
"Parkway" means that area between the sidewalk and the curb of any
street and, where there is no sidewalk, that area between the edge of the roadway and
the property line adjacent thereto. "Parkway" also includes any area within a roadway
which area is not a sidewalk and is not open to vehicular traffic.
"Person" means any individual, partnership, firm, association, corporation
or other legal entity.
"Street" means all that area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways, alleys and
sidewalks.
10.40.030 Regulations, restrictions and procedures relating to
newsracks.
The regulations, restrictions and procedures set forth in this chapter shall
relate to the installation and maintenance of newsracks in the city.
10.40.040 Newsrack permits.
Applications for installing and maintaining newsracks shall be filed with the
Department of Public Works of the city within one business day of placement within the
city. An application fee may be established by resolution of the city council based on
the actual costs of processing the application. The director of public works shall issue
the permit for the newsrack to the applicant therefor when the applicant has submitted
the following information to the city:
3
Agenda Item No. 27
Page 15 of 22
A. The name, address and telephone number of the person owning
the newsracks and the name, address, and telephone number of the custodian therefor;
B. The location of newsracks being placed within the city;
C. A written statement whereby the person who will place or maintain
such newsrack on a public street agrees to indemnify and hold harmless the city and its
officers, agents or employees from any loss or liability or damages, including expenses
and costs, for bodily or personal injury and for property damage or other damages
sustained by any person as a result of the installation, use or maintenance of such
newsrack within the city;
D. A certificate of insurance establishing that there is in force and
effect an insurance policy for the permittee which will remain in force during the time
such newsrack is allowed to remain on public property, which policy shall be of public
liability insurance against liability for the death of, or injuries to, persons or damages to
property arising out of accidents attributable to the newsracks on city property. The
amount of the coverage required shall be established by resolution of the city council.
10.40.050 Prohibition of news racks on roadways.
No person shall install, use or maintain any newsrack which projects onto,
into or over any part of the roadway of any public street or which rests, wholly or in part,
upon any portion of the roadway of any public street.
10.40.060 Dangerous conditions or obstructions.
Subject to the specific provision of Section 10.40.070, no person shall
install, use or maintain any newsrack which, in whole or in part, rests upon, in or over
any public sidewalk or parkway when such installation, use or maintenance endangers
the safety of persons on property, or when such area or location is used for public utility
purposes, public transportation purpose, or governmental use, or when such newsrack
interferes with or impedes the flow of pedestrian or vehicular traffic, including the
ingress into or egress from any legally parked or stopped vehicle, any residence or
place of business, or the use of poles, posts, traffic signs or signals, hydrants,
mailboxes or other objects permitted at or near such location.
10.40.070 Standards for maintenance and installation.
Any newsrack which rests, in whole or in part, upon, in or over any public
sidewalk or parkway shall comply with the following standards:
A. No newsrack shall exceed five feet in height as measured from the
sidewalk to the highest point on the newsrack, thirty inches in width, or two feet in
depth.
4
Agenda Item No. 27
Page 16 of 22
B. Newsracks shall only be placed near a curb or adjacent to a wall or
building. Such newsracks placed near the curb shall be parallel thereto and shall be no
less than (i) twenty-four (24) inches from the face of the curb in a designated "no
parking" zone, or (ii) forty-eight (48) inches from the face of the curb if vehicle parking is
allowed adjacent to such curb. Newsracks placed adjacent to the wall of a building shall
be placed parallel to such wall and shall be not more than six inches from the wall. No
such newsrack shall be placed or maintained on the sidewalk or parkway opposite
another newsrack or group of newsracks nor in such a manner that prevents
pedestrians from passing freely and without obstruction along any sidewalk or through
any marked or unmarked crosswalk.
c. No newsrack shall be chained, bolted or otherwise attached to
property not owned by the owner of such news rack or to any permanently fixed object
unless the custodian of such newsrack shall have obtained the written permission of the
owner of the property or object to which the newsrack is affixed.
D. Newsracks may be placed next to each other; provided, however,
no group of such newsracks shall extend more than eight lineal feet along a curb or
wall, and a space of no less than three feet shall separate each such group of
newsracks, provided the newsracks are otherwise in compliance with the provisions of
this chapter.
E. Such newsracks may be chained or otherwise attached to one
another; provided, however, no more than three such newsracks may be joined together
in this manner, and a space of no less than three feet of clear space shall separate
each group of three or less such newsracks so attached, provided the newsracks are
otherwise in compliance with the provisions of this chapter.
F. No such newsrack or group of such newsracks permitted by the
provisions of subsection E of this section shall weigh, in the aggregate, in excess of one
hundred twenty-five pounds when empty.
G. Notwithstanding any other provision of this chapter, no newsrack
shall be placed, installed, used or maintained:
1. Within five feet of any marked crosswalk;
crosswalk;
2. Within fifteen feet of the curb return of any unmarked
3. Within five feet of any fire hydrant, fire call box, police call
box, or any other emergency facility or structure;
4. Within five feet of any driveway;
5
Agenda Item No. 27
Page 17 of 22
5. Within five feet ahead of or twenty-five feet to the rear of any
sign marking a designated bus stop;
6. Within six feet of any bus bench;
7. In any location if the placement of the newsrack reduces the
cross space or the passageway of pedestrians to less than six feet, unless a reduced
width of not less than four feet is approved by the city manager, provided however, such
approved width shall comply with all applicable federal and State laws, including without
limitation, the Americans with Disabilities Act;
8. Within three feet of any area improved with lawn, flowers,
shrubs or trees, or within three feet of any display window or any building abutting the
sidewalk or parkway, or in such a manner as to impede or interfere with the reasonable
use of such window for display purposes.
H. No such newsrack shall be used for advertising signs or publicity
purposes except relating to the display, sale, or purchase of the publications sold
therein.
I. Each such newsrack shall be maintained in a clean and neat
condition and in good repair at all times.
J. Notwithstanding the provIsions of this section, if the director of
public works finds that the location of a newsrack, in accordance with the standards set
forth in this section, will create or allow a condition prohibited by any other section of
this chapter or will otherwise endanger the public health or safety, the director of public
works may prohibit such location of the newsrack or may allow the location of the
newsrack in a manner deviating from, or at variance with, the standards provided in this
section, subject to such terms, conditions and regulations as the director of public works
may deem necessary to protect the public peace, health, safety and welfare and to
carry out the purposes and intent of this chapter.
1. Such finding may be made by the director of public works at
any time.
2. If such finding is made prior to the issuance of a permit, the
finding shall be set forth as a part of the permit at the time of its issuance.
3. If the finding is made subsequent to the issuance of a permit,
a written notice of the finding of the director of public works shall be given to the owner
or custodian of such newsrack with the direction that there shall be compliance with the
findings of the director of public works within ten business days after the date of mailing
such notice.
6
Agenda Item No. 27
Page 18 of 22
10.40.080 Standards of materials distributed.
No publication offered for distribution from any newsrack placed or
installed in, maintained on or relocated to any public sidewalk or parkway, shall be
displayed or exhibit in any manner which exposes to public view from the street any of
the following:
A. Any statements or words describing explicit sexual acts, sexual
organs or excrement, where such statement or words have as their purpose or effect,
sexual arousal, gratification or affront.
B. Any picture or illustration of genitals, pubic hair, perineums, anuses,
or anal regions of any person, or any picture or illustration which has as its purpose or
effect, sexual arousal, gratification or affront.
C. Any picture or illustration depicting explicit sexual acts, where such
picture or illustration has as its purpose or effect, sexual arousal, gratification or affront.
"Explicit sexual acts" means depictions of sexual intercourse, oral copulation, bestiality,
sadism, masochism or excretory functions in conjunction with sexual activity,
masturbation or lewd exhibition of the genitals, where any of the above conduct is
depicted or described as being performed alone or between members of the same or
opposite sex or between humans and animals or other acts of sexual arousal involving
any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or
anal region.
D. For purposes of this section, no publication shall be considered
displayed or exhibited if the newsrack in which it is placed is covered on all sides,
except for a one inch wide vertical opening for the purpose of indicating the number of
remaining publications, by opaque material preventing exposure to public view from the
street.
10.40.090 Information required.
Every person or custodian who places or maintains a newsrack on a
public sidewalk or parkway within the city shall have his or her or its name, address, and
telephone number affixed thereto in a place where such information may be easily seen
and shall comply fully with the provisions of Section 17570 of the California Business
and Professions Code as it exists on the effective date of the ordinance adopting this
chapter, or as it may be hereafter amended.
10.40.100 Newsracks in violation of the regulations of this chapter.
Upon a determination by the director of public works that a newsrack has
been installed, used or maintained in violation of the provisions of this chapter, an order
to correct the condition will be issued to the owner and custodian of such newsrack.
Such order shall be attached to said newsrack and confirmed by mailing a copy of such
7
Agenda Item No. 27
Page 19 of 22
order to the owner and custodian by certified mail, return receipt requested to the
address stated in the permit application. The order shall be effective upon receipt of the
order by the owner or custodian, or three business days following deposit of the order in
the U.S. mail, whichever occurs first. The order shall specifically describe the offending
condition and describe the actions necessary to correct it. Both the owner and the
custodian shall be responsible for compliance with the order. If the newsrack is in such
a condition or is placed so as to constitute an immediate danger to pedestrians,
motorists or other persons, the director of public works may move the newsrack or take
such other action, including removal, so as to alleviate the dangerous condition. Unless
the determination of the director of public works is appealed, failure to properly correct
the offending condition within ten business days after the date of mailing of the order
shall result in the offending newsrack being removed and processed as unclaimed
property under the applicable provisions of law relating thereto. If the offending
newsrack is not properly identified as to the owner pursuant to the provisions of this
chapter, such newsrack may be removed immediately and processed as unclaimed
property under the applicable provisions of law. The director of public works shall cause
an inspection to be made of the corrected condition or of the newsrack reinstalled after
removal pursuant to the provisions of this section. The owner or custodian of such
newsrack shall be charged an inspection fee for each such newsrack so inspected,
which charge shall be in addition to all the other fees and charges required by law. The
amount of the inspection fee shall be set by resolution of the city council.
10.40.110 Appeals.
Any person or entity aggrieved by any finding, notice or action taken
pursuant to the provisions of this chapter may appeal, and shall be apprised of his right
to appeal, to the city manager (or the city manager's designee). The city manager's
decision on the appeal shall be final. An appeal shall be perfected within ten business
days after the receipt of the notice of any protested decision or action by filing with the
office of the city manager a letter of appeal briefly stating the basis for such appeal. The
hearing shall be held on a date no more than twenty days after the receipt of the letter
of appeal. The appellant shall be given at least five days' notice of the time and place of
the hearing. The city manager shall give the appellant, and any other interested party, a
reasonable opportunity to be heard in order to show cause why the determination of the
director of public works should not be upheld. In all such cases, the burden of proof
shall be upon the appellant to show that there was no substantial evidence to support
the action proposed to be taken by the director of public works. At the conclusion of the
hearing, the city manager shall make a final and conclusive determination in writing and
the owner or custodian shall have ten business days after the date of the determination
of the appeal to comply with the order of the city manager.
10.40.120 Restriction of displayed harmful matter to minors.
Any person who knowingly displays, or causes to be displayed, harmful
matter as defined in this chapter in any newsrack which is located on a public sidewalk,
or any other public place from which minors are not excluded, is guilty of a
8
Agenda Item No. 27
Page 20 of 22
misdemeanor, unless such person places what is commonly known as blinder racks in
front of the material, so that the lower two-thirds of the material is not exposed to view
and so that no harmful matter is exposed to public view.
SECTION 2. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstance shall be held invalid,
such invalidity shall not affect the other provisions of this Ordinance and are hereby
declared to be severable.
SECTION 3. This Ordinance shall take effect thirty (30) days after the
date of its final passage. The City Clerk shall certify as to adoption of this Ordinance
and cause this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this _ day of January, 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
9
Agenda Item No. 27
Page 21 of 22
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the day of
2008, and was finally passed at a regular meeting of the City Council of
the City of Lake Elsinore held on the day of , 2008, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
10
Agenda Item No. 27
Page 22 of 22