HomeMy WebLinkAbout04/13/2004 CC Reports
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.'CITY OF LAKE ~ELSINORE
CITY COUNCIL AGENDA
'l'B0MAS BVCKLEY, MAYOR WWW.b\u,.ELSINORE.ORG
GENIE KELLEY,MA YOR PROTEM , (909) 6744124 PHONE.
DARYl.. mCKMAN, COUNCILMAN (9O')(i7+2m FAX
........TJ:...BOB..MAGEE.~ LAKEE~CULTURALCENTER'
IU>tlERTL SClUFFNER, COlJNCJl..MANl83 NOkJ'IlMAlN STREET
'.~ WATENPAUGH,C'ITl'MANAGER LAD~U,CA 92530 .
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TtJESDAY..l\PRlL 13,2004 - 5:00P.M.
lt9LL CALL
. .
<;'L~D ~ESSION
A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation p\U'Suant to subdivision (b )(3)(C) of Gov't Code Section
54956.9. (1 case)
~WNVENE IN PUBLIC S~SSION (1:00 P.M.)
'fU~~ OF ALLE~~CE.
'lNV~ATI9t' "- !\iOME~ OF SILENCE
r~TATIQN'&I<;EQMONIALS
. '_,'-'. ,..'>: ":.,. ,'" _ __ _:. .. ': _ <,,' ..," .,,' . " ';',0,' , " ' "
a. Presentation - Student Photo Contest Winners.
b. Proclamation - Sav-On Drug Store.
c. Presentation- Economic Development Agency.
PV~yc cq~..,. ~ON-AG~NDI~Ep ITJMS -1 MINUTE,
(Please read &; Cotriptetea~er's Format the Podium, priorto the Start of the City Council
Meeting)
, C9NS~CALENDAR .
(AlhnatteRon the ConsenlCalendar are approved on one motion, unless. a Councilmember or
any member of the public requests se~te action on a'specific item:) "
1. Minutes
a. Revised RefWlar City Council Meeting - January 27, 2004.
.
..
4 .
.' ..-.:,<
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Page Three - City CoUDCil: Age.. - April 13,1884
RECOMMENDATION:
PJ}1JlAC HE~GS
Approve Agreement.
21. M-2()()4..1.... Miscellaneous DesignR~ewof Canyon Hills Fire Station.
Approve Miscellaneous I>tsign Review, based on the
Findings and Subject to the Conditions of Approval.
22. Resolution No. 2004-22 - Approving the Annexation of Territory and the Levy of
Assessments for Lake Elsinore Landscape and Street Lighting District No.1 as
Annexation Area No.2.
\ . RECOMMENDATION:
RECOMMENDATION:
Open Public Hearing, Take Testimony, Request City Clerk
to TallyVotes& Report, and Adopt ResolutionNo. 2004-
22.
23. Public,Hearing€orConsideration of Objections to ,the City's Weed Abatement Program.
\
RECOMMENDATION:
BlJS"SS ITE~S .
Consider Objections.
31. Second Reading - Ordinance No. 1117 - Zone Change No. 2003--02 - Daigle Homes,
LLC. .
RECOMMENDATION:
Adopt Ordinance No. 1117, upon Second Reading by Title
Only. .
32, Second Reading - ordinance No. 1118- Animal Control.FeeSchedule.
RECOMMENDATION:
Adopt Ordinance No. 1118, upon Second Reading by Title
Only.
33. IndUstrial Project No. 2003-06 -"D & D Cattle Industrial".
RECOMMENDATION:
Approve Design Review of 12003-06, hased on the
Findings and BXhibits and Subject to the Conditions of
Approval.
34~ Nuisance AbateJnent Hearing Board.
RECOMMENDATION:
Maintain Current Regulations, or Amend Code to
Designate Planning Coriunission to serve as Hearing Board,
or Amend Code to allow the City to appoint members to
,,-
WHEREAS, as a result of the Community Action Planning Conference
a Photo Contest was developed to accent what is right with out Community;
and
WHEREAS, the Photo Contest was sponsored jointly by the City of
Lake Elsinore, the City of Canyon Lake and the Elsinore Valley Municipal
Water District; and
WHEREAS, the Lake Elsinore Outlet Center participated by assisting
with prizes; and
~
. WHEREAS, students were provided cameras and asked to capture in
photographs "What is Right with My Community"; and
WHEREAS, Ms. Irvine and her Kindergarten Class at Jean Hayman
Elementary School were prize winners in the Contest and we applaud their
participation and achievement in the contest;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, on this 13th day of April, 2004, do hereby
commend and congratulate Ms. Irvine and her Kindergarten Class at Jean
Hayman Elementary School on their award.
THOMAS BUCKLEY, MAYOR
~
A8ENoA ITEM NO CA
" .-
PAGE-L OF "l -
-
......,
WHEREAS, as a result of the Community Action Planning Conference
a Photo Contest was developed to accent what is right with out Community;
and
WHEREAS, the Photo Contest was sponsored jointly by the City of
Lake Elsinore, the City of Canyon Lake and the Elsinore Valley Municipal
Water District; and
WHEREAS, the Lake Elsinore Outlet Center participated by assisting
with prizes; and
. WHEREAS, students were provided cameras and asked to capture in
photographs "What is Right with My Community"; and
......,
WHEREAS, Ms. Severiyn and her 5th Grade Class at Jean Hayman
Elementary School were prize winners in the Contest and we applaud their
participation and achievement in the contest;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, on this 13th day of April, 2004, do hereby
commend and congratulate Ms. Severiyn and her 5th Grade Class at Jean
Hayman Elementary School on their award.
THOMAS BUCKLEY, MAYOR
.....,
AGENDA ITEM NO. 0....
." PAGE ~ OF {
~
WHEREAS, as a result of the Community Action Planning Conference
a Photo Contest was developed to accent what is right with out Community;
and
WHEREAS, the Photo Contest was sponsored jointly by the City of
Lake Elsinore, the City of Canyon Lake and the Elsinore Valley Municipal
Water District; and
WHEREAS, the Lake Elsinore Outlet Center participated by assisting
with prizes; and
~
. WHEREAS, students were provided cameras and asked to capture in
photographs "What is Right with My Community"; and
WHEREAS, Mr. Haas and his 2nd Grade Class at Cottonwood Canyon
Elementary School were prize winners in the Contest and we applaud their
participation and achievement in the contest;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, on this 13th day of April, 2004, do hereby
commend and congratulate Mr. Haas and his 2nd Grade Class at Cottonwood
Canyon Elementary School on their award.
THOMAS BUCKLEY, MAYOR
~
AGE'NOA ITEM NO. G\
PAGE-3..0F I
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WHEREAS, as a result of the Community Action Planning Conference
a Photo Contest was developed to accent what is right with out Community;
and
WHEREAS, the Photo Contest was sponsored jointly by the City of
Lake Elsinore, the City of Canyon Lake and the Elsinore Valley Municipal
Water District; and
WHEREAS, the Lake Elsinore Outlet Center participated by assisting
with prizes; and
. WHEREAS, students were provided cameras and asked to capture in ....""
photographs "What is Right with My Community"; and
WHEREAS, Mrs. Raines and her 4th Grade Class at Rice Canyon
Elementary School were prize winners in the Contest and we applaud their
participation and achievement in the contest;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, on this 13th day of April, 2004, do hereby
commend and congratulate Mrs. Raines and her 4th Grade Class at Rice Canyon
Elementary School on their award.
THOMAS BUCKLEY, MAYOR
'-III'
AGENDA ITEM NO. Q
'. PAGE~ OF 7
,.....
WHEREAS, as a result of the Community Action Planning Conference
a Photo Contest was developed to accent what is right with out Community;
and
WHEREAS, the Photo Contest was sponsored jointly by the City of
Lake Elsinore, the City of Canyon Lake and the Elsinore Valley Municipal
Water District; and
WHEREAS, the Lake Elsinore Outlet Center participated by assisting
with prizes; and
,--.
. WHEREAS, students were provided cameras and asked to capture in
photographs "What is Right with My Community"; and
WHEREAS, Mrs. Lackey and her 4th Grade Class at Rice Canyon
Elementary School were prize winners in the Contest and we applaud their
participation and achievement in the contest;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, on this 13th day of April, 2004, do hereby
commend and congratulate Mrs. Lackey and her 4th Grade Class at Rice
Canyon Elementary School on their award.
THOMAS BUCKLEY, MAYOR
~
AGENDA ITEM NO. CL
PAGE ,"5 OF.). -II
"""
WHEREAS, as a result of the Community Action Planning Conference
a Photo Contest was developed to accent what is right with out Community;
and
WHEREAS, the Photo Contest was sponsored jointly by the City of
Lake Elsinore, the City of Canyon Lake and the Elsinore V alley Municipal
Water District; and
WHEREAS, the Lake Elsinore Outlet Center participated by assisting
with prizes; and
. WHEREAS, students were provided cameras and asked to capture in"""
photographs "What is Right with My Community"; and
WHEREAS, Mrs. Mariano and her Class at Terra Cotta Middle School
were prize winners in the Contest and we applaud their participation and
achievement in the contest;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, on this 13th day of April, 2004, do hereby
commend and congratulate Mrs. Mariano and her Class at Terra Cotta Middle
School on their award.
THOMAS BUCKLEY, MAYOR
""'-'
A~NOA ITEM NO. Cl .
PAGE~OF.l
,......
WHEREAS, as a result of the Community Action Planning Conference
a Photo Contest was developed to accent what is right with out Community;
and
WHEREAS, the Photo Contest was sponsored jointly by the City of
Lake Elsinore, the City of Canyon Lake and the Elsinore Valley Municipal
Water District; and
WHEREAS, the Lake Elsinore Outlet Center participated by assisting
with prizes; and
,,--..
. WHEREAS, students were provided cameras and asked to capture in
photographs "What is Right with My Community"; and
WHEREAS, Mr. Cape and his Class at Terra Cotta Middle School were
prize winners in the Contest and we applaud their participation and
achievement in the contest;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, on this 13th day of April, 2004, do hereby
commend and congratulate Mr. Cape and his Class at Terra Cotta Middle
School on their award.
THOMAS BUCKLEY, MAYOR
,......
AGENDA ITEM NO. ex
PAGE-.:L.OF 1
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WHEREAS, the City of Lake Elsinore appreciates the contributions of
its local businesses and supports their growth in the community; and
WHEREAS, the City of Lake Elsinore commends its local businesses
on significant accomplishments; and
",-..
WHEREAS, the Lake Elsinore Sav-On Drug Store, under the
management of General Manager John Seymour, was recognized for a
significant accomplishment; being recognized as the New Drug Store of the
Year by the Albertson's parent company; and
WHEREAS, the award was based on eleven categories, such as Sales,
Earnings, Customer Service, Pharmacy, and several others; and was a
competition between 1,000 Sav-On or Os co Drug stores across the Country;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, on this 13th day of April, 2004, do hereby
commend and celebrate the recognition of our Sav-On Drug Store as 2003 Store
of the Year; and wish them continued success.
THOMAS BUCKLEY, MAYOR
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AeENOA ITEM NO. _6
PAGE-L OF--L-
,......
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JANUARY 27, 2004
************************************************************************
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Buckley at 5:02 p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE,
SCHIFFNER, BUCKLEY
ABSENT: COUNCILMEMBERS;
NONE
,.......
Also present were: City Manager Watenpaugh, Assistant City Manager Best, City
Attorney Leibold, Administrative Services Director Pressey, Community Development
Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director
Kilroy, Information/Communications Manager Dennis, Parks & Open Space Manager
Fazzio, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City
Treasurer Weber and City Clerk/Human Resources Director Kasad.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b )(3)(C) of Gov'tCode Section
54956.9: (1 case) (F:40.1)(X:52.1)
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager (F:46.1)
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Attorney (F:40.1)
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Clerk (F:42.1)
City Attorney Leibold announced the Closed Session discussion items as listed above.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION
AT 5:03 P.M.
,.......
The Closed Session discussion was completed at 7:00 p.m.
A(liENOA .TEM NO. \ ~ Gt.....
PAGE-L OF } S
Page Two - City Council Minutes - January 27, 2004
"'-"'"
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
Mayor Buckley reconvened the Regular City Council Meeting in public session at 7:05 p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE,
SCHIFFNER, BUCKLEY
ABSENT: COUNCILMEMBERS;
NONE
Also present were: City Manager Watenpaugh, Assistant City Manager Best, City
Attorney Leibold, Administrative Services Director Pressey, Community Development
Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic
Resources Director Kilroy, Police Chief Walsh, Information/Communications Manager
Dennis, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Recreation
& Tourism Manager Fazzio, City Treasurer Weber and City ClerklHuman Resources
Director Kasad. -...."
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Lorraine Watts.
INVOCATION - MOMENT OF SILENCE
Mayor Buckley led the meeting in a moment of silent reflection.
PRESENTATIONS/CEREMONIALS
None.
CLOSED SESSION REPORT
City Attorney Leibold reported that there were four items for discussion in Closed Session; and
indicated that Items A, C and D were discussed, with no reportable action. She further reported
that time ran short so Item B, City Manager's Evaluation was not discussed, but the intent was
that ifthe meeting ran short they would return to Closed Session.
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AGENDA .TEM NO. \, Cl..
PAGE (). OF~
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Page Three - City Council Minutes - January 27, 2004
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Lorraine Watts, 210 N. Scrivener, inquired if when the trash trucks are in the area, they could
report couches, tables, chairs, etc. and have them picked up. She noted a couch and chair in her
neighborhood since before Christmas. She suggested that the Council remind the Community of
the ability to call and have large items picked up. Mayor Buckley suggested this might be a good
topic for the Outlook publication.
CONSENT CALENDAR
The following item was pulled from the Consent Calendar for further discussion and
consideration:
Item No.4.
Councilman Magee announced that he would be abstaining from vote on Items 5 and 6, as he did
",-... not participate in the original discussion.
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR
AS PRESENTED.
1. The following Minutes were approved:
a. Special City Council Meeting - January 13, 2004.
b. Regular City Council Meeting - January 13,2004. (F:44.4)
The following Minutes were received and ordered filed:
c. Planning Commission Meeting - December 16,2003. (F:60.3)
2. Ratified Warrant List for January 15,2004. (F:12.3)
3. Approved Disposal of Surplus Computer Equipment as follows:
2 - CPU's; 2 - 14" Monitors; 1 -lnkjet Printer; 1 - Impact Printer;
1 - Dictaphone; 1 - Fax Machine (F:48.1)
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5.
Approved Final Map No. 30670 - Meadowlake at Machado, LLC for Westco Homes,
AGENDA ITEM NO. \ .~
PAGE -3 OF.l2-
Page Four - City Council Minutes - January 27, 2004
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subject to City Engineer's acceptance as being true and correct; accepted all dedications,
and authorized recordation. (This item was approved by a vote of 4 to 0 with
Councilman Magee abstaining). (F:160.2)
6. Approved Final Map No. 30789 - K.Hovnanian-Forecast Homes, subject to City
Engineer's acceptance as being true and correct; accepted all dedications and authorized
recordation. (This item was approved by a vote of 4 to 0 with Councilman Magee
abstaining). (F: 160.2)
PUBLIC HEARINGS
None.
BUSINESS ITEMS
31. Mid-Year Budget Adjustments. (F:30.1)
City Manager Watenpaugh noted that this was the same information presented at the
Study Session on January 22nd. Administrative Services Director Pressey commented on
the Study Session, noting the review of the City, RDA, LLMD and ClP budgets,
including an evaluation of the expenditures and projections to the end of the year. He
commented that certain revenues would be less than expected, while others were greater.
He detailed the changes to revenues and expenditures which produced a net impact of
making the General Fund about $151,000 better than anticipated.
'--'
Chris Hyland, 15191 Wavecrest, noted a letter she sent to Mayor Buckley and the City
Council, regarding Machado Street. She indicated that she would like the Council to
consider the paving of Machado from Lincoln Street to Grand Avenue. She further
indic~ted that nothing had been done to it, but filling potholes, for the last ten years. She
encouraged the audience to call City Hall and hound them about getting it paved and
write letters, as the road was in deplorable condition.
Mayor Buckley indicated that there would be a Study Session regarding Capital
Improvements in March.
City Treasurer Weber inquired if this was a discussion of the CFD. Staff clarified that it
was not. City Treasurer Weber indicated that he had no comments on the mid-year
budget, as Administrative Services Director Pressey had done a good job, and it looked
like the City was in good shape.
'--'
AQENOA ITEM NO. ~
PAGE..!:L. OF .
,....,
Page Five - City Council Minutes - January 27, 2004
Mayor Pro Tern Kelley commented that staff did a great job putting the mid-year budget
review together, and noted that the Council had discretion on the Budget all year. She
stressed that this was staff s opportunity to update the Council on the current status; but
noted that she would bring items up for the new budget.
,....
Councilman Magee complimented Administrative Services Director Pressey on his
presentation, noting that after watching over 15 years of budget presentations, this was a
fresh approach. He commented that in the future he would prefer to receive the materials
before sitting down to the table, to allow him time to prepare. He further commented
that he would like more time to review and prepare for the mid-year budget, so Council
could pursue more discretionary funding. He indicated that he had a particular concern
for some additional needs of the Fire Department Volunteers; but noted that they had
requested additional time to prepare a wish list to make their job easier. He noted that
they would be attending an equipment show in February and hoped to return with some
ideas for small dollar items to make their job easier. He indicated that he was pleased
with the presentation and pleased that the budget was in good shape. He reiterated that
he would like more comment time next year.
Councilman Hickman indicated that the budget had done a 180 degree change in
presentation. He suggested starting the study sessions with a wish list, and noted that the
budget would end up with a little over $3 million in unallocated revenues and go from
there.
Councilman Schiffner complimented Administrative Services Director Pressey on a fine
report on the current budget status. He indicated that it was not intended to give any
suggestions as to how to spend money, but rather to know the current status. He
commented that it was good and worthwhile information. He noted that additional items
could come up at any time, with the agreement of three members of the Council. He
indicated that he was in favor of the items discussed by Councilman Magee which would
assist with life saving, etc.; and noted that it really was a small amount of money. He
commented that he was always glad to have the opportunity to initiate items for Police
and Fire, to put them ahead of everyone else.
I""'"
Mayor Buckley questioned the March Study Session, and inquired if it would be after the
State Bond Election. City Manager Watenpaugh noted a potential conflict with
Councilman Magee's meeting, but suggested that the Council consider March 18th for the
first study session. He indicated that he would get a memo with dates to Council for
consideration. Mayor Buckley concurred that would be good timing, after the election.
He suggested that with regard to volunteers, as soon as the list is received it could come
AQENOA ITEM NO. \ ~ a.. .
PAGE~OF.l2....
Page Six - City Council Minutes - January 27, 2004
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back for budgeting. He indicated that after the study session on Jan\lary 2cJh, there would
be consideration of budgeting start-up dollars for the Public Safety Commission. He
noted that in the past he had been told that mid-year was the time to add or subtract things
from the budget. He requested a motion to approve the mid-year adjustments as
modified by the latest memorandum.
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE MID-YEAR BUDGET ADJUSTMENTS AS FOLLOW:
City Treasurer - Increase by $6,300
General Law Enforcement Department - Decrease by $282, 800
Community Development Department- Decrease by $142,728
Community Services Department - Increase by $196,500
Lake and Aquatic Resources Department - Increase by $80,000
City Manager Watenpaugh requested clarification of the Study Session date. Mayor
Buckley inquired ifthere would be a wish list from the Fire Department by March 18th,
and suggested discussing funding at that time. Councilman Magee noted that he had not
met with Chief Walsh, but extended the same offer to him for a wish list from the
Department. He suggested two tiers of wish lists one of smaller items and another of
longer range plans for the new budget.
"""""
City Attorney Leibold requested clarification if the Council wanted a Study Session or a
Special Meeting on March 18th. Mayor Buckley indicated that it would be fine to take
action on the 23rd.
ITEMS PULLED FROM THE CONSENT CALENDAR
4. Deposit & Reimbursement Agreement with Oak Grove Equities II for CFD 2004-1 (Villa
Martinique). (F:68.1)
City Manager Watenpaugh explained that this item was to form a CFD for reimbursement
of public infrastructure. Administrative Services Director Pressey explained that this
would start the process to form a CFD for the development, with the funding to cover
public infrastructure and facilities. He noted that Councilman Magee was correct in
believing that it would include sewer, water, streets, etc., beyond the Walmart site, as
well as an additional street in the back. He indicated that the applicant was present to
respond to questions, but noted that they had submitted plans for the project, which have
been approved by the Planning Commission. He indicated that the applicant had been
'-'
AQENllA lTEM NO. ~
p~nF._~OF
"....
Page Seven - City Council Minutes - January 27, 2004
meeting with the City's financial advisor and bond counsel, and they are now ready to
proceed. He advised that the applicant would submit $50,000 in case for the appraisals
and absorption study; and Harris & Associates would prepare the CFD Report. He
indicated that the next step was the Resolution of Intention, which would include the rate
and method of apportionment; and 30 days later there would be a public hearing. He
stressed that there were still a number of other steps in the process; and reemphasized that
this would be a land based assessment for public infrastructure. He noted that the
developer had the option of getting financing on their own or working with the City. He
stressed that this would not be a debt of the City, as it was secured by the land owner.
He further stressed that individual buyers would be advised of this assessment.
,.......
Edith Stafford, 29700 Hursh, indicated she had a problem with CFD's as they impact the
homeowners. She suggested that they became hidden costs, due to the amount of
paperwork one sees in purchasing a property. She indicated that most people are already
living in the homes before they find out the implications. She expressed concern that no
one was looking out for the homeowners; but it was good for the developers, because they
got their money up front. She admonished the public to find out what they are getting
before they buy a home. She questioned why the developer didn't do an assessment
district.
"....
City Treasurer Weber presented a slide discussing Bonds in general, and noted that the
City had $260 million in outstanding bonds. He indicated that he was being told by the
City Manager that the Finance Team was a professional group, which deals in bonds, but
he also said the City had not responsibility for the CFD's. He addressed major problems
in 1998, which were fixed, and noted that was lucky for the City. He presented a portion
of an article from the Daily Republican regarding State Auditors Investigation of Fresno
Municipal Bond practices, and noted comments that the bonds were not being properly
accounted for. He indicated that Lake Elsinore was on the bad list in 1998, but Mr.
Watenpaugh and Mr. Gunn had fixed that situation. He commented that his concern with
CFD's was that he did not want to end up in the same boat as 1998. He stressed that he
did not have details on the payments to CFD's or bonds; he was only being told they were
o.k. He suggested that the Council hold a meeting to discuss all of the specifics of the
bonds, to include the bank records to balance against the comments by Mr. Watenpaugh.
He further suggested that more problems could be encountered in four or five years. He
indicated that he was not sure how much was in the bond fund at that time, but the current
amount was $260,000. He further indicated that he did not know how much was set
aside or how much money was going to the CFD's. He commented that until he saw the
paperwork he would not be happy; and stressed that a meeting in March with a lot of
information was important. He further commented that nothing would make him happier
AGENDA ITEM NO. _\ " c..,.
" PAGE 7 OF 15
Page Eight - City CQuncil Minutes - January 27, 2004
.....,
than to know his money was going to his CFD. He indicated that with that information,
he would confirm that the Bond information was accurate. He suggested putting this item
on hold until the status is known.
Councilman Magee concurred with Mrs. Stafford that the buyer should be aware of each
item when buying a home, so there were no surprises in the tax bill. He indicated that he
appreciated Mr. Weber's diligence and the watch dog atmosphere he brought to the
public session. He concurred that the study session would bring greater understanding of
the financial issues; and noted that he shared some of the same concerns because he had
been in the community a long time. He noted that those concerns were not due to the
current Council. He indicated that with regard to this item, it would provide streets,
curbs, gutters, sidewalks, water and fire suppression devices, which were all public
facilities that the City and Water District would inherit. He clarified that with tangible
items like this, he had no problem issuing this type of bonds. He reiterated that he shared
the City Treasurer's comments that he needed a better understanding of the process; but
confirmed that he was still comfortable supporting this action.
Councilman Hickman addressed the possibility of a 1914 Assessment District and .....,
inquired how it compared as far as the costs incurred. Administrative Services Director
Pressey indicated that they were typically less expensive, however the current preferred
method was to use CFD's. Councilman Hickman addressed Mrs. Stafford's comments
regarding the costs incurred by the homeowners; and stressed that his concern was
keeping the costs down for the homeowners. He commented that the underwriter knew
the City was working with a financial advisor, and noted that there was no analysis of
what the cost would be for an Assessment District. Councilman Hickman requested
clarification between the CFD and an Assessment District. Administrative Services
Director Pressey indicated that they were identical as far as determining the rate and most
other procedures. He explained that the District Engineer would prepare a CFD Report
and determine the ability to proceed. Councilman Hickman applauded City Treasurer
Weber on his due diligence. He indicated that his only complaint was that he got the
information on Thursday evening, and he would like to get it over a week in advance to
allow him time to do more homework and protect the people. He commented that this
was only $2 million, but after this it could be tightened up to see where the Council is
going. He indicated that he was more inclined to support this item, but he would like to
dig into it much deeper. He further indicated that he would go with the Council, but he
would like some consideration for a 1914 District.
Mayor Pro Tern Kelley indicated that this item was to move forward, but would come
back in February, followed by a hearing in March. She commented that this was a
.....,
AQENDA ITE!ijlO. l. '^--,
"- PAGE ~ OF 15
~
Page Nine - City Council Minutes - January 27, 2004
vehicle for the development to be able to take place; and stressed that information on
such a district was included in escrow papers. She concurred with Mrs. Stafford that the
buyer should beware; but stressed that this was a common way the public infrastructure is
financed. She indicated that she did not have a problem with this action.
Councilman Schiffner indicated that people needed to make their own decisions to buy a
property with this type of assessment. He explained that the developer builds a home
and adds it to the price of the home, or enters a CFD and the owners pay it later. He
indicated that when he bought his home, it did not have an assessment district, but he
paid the money up front on his home. He noted that he did not get annual deductions that
way, but any homeowner had the option to payoff a CFD any time they wished. He
commented that this type of district had been used for most of the homes in Lake
Elsinore; but there seemed to be a difference of opinion on the City's level of obligation.
,,-...
Administrative Services Director Pressey reiterated that this was a land tax and the City
only administers the district. He clarified that the bonds were issued and he whole
structure had the City's name in the Bond documents, but the official statements show the
risks -as an investor and exactly what the security will be for the bonds. He explained
that this law was instituted after Proposition 13, and was used as a mechanism for issuing
debt and securing it with the land. He reiterated that it was not a debt of the City, but a
risk to the investor, secured by the land, with each parcel paying its proportionate share.
He explained that the Fiscal Agent invests the funds, and as the interest comes due the
payments are paid by the Fiscal Agent. He indicated that the funds were invested in
accordance with the bond documents; and there is an annual independent audit for each
district. He noted that the Fiscal Agent, Union Bank, handled all of the payments and
monitored the reserve balances. He stressed that there were a lot of built in security
factors. He explained that once the districts are on track, they pretty much run on their
own. He noted that there had been a suggestion to add monthly information on the
districts to the investment report; and he would support that inclusion.
,-..
Councilman Schiffner questioned possible scenarios that would "destroy" a property and
cause the City to be obligated for the payment of the bonds. Administrative Services
Director Pressey indicated that there was no such scenario in this structure, as the City
was not obligated; the financial commitment would be the responsibility of the land
owners. He clarified that the real estate market took a dive in the1990's, so it was not
cost effective to develop, and the houses which had been built bore the burden of the
vacant land. He further clarified that through the bond counsel the City did work-outs
and turned the situation around and restructured the financing to buy some time until the
market turned around. He stressed that the City's five CFD's and five Assessment
AGENDA ITEM NO.
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Page Ten - City Council Minutes - January 27, 2004
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Districts were now all in healthy condition.
Councilman Hickman indicated that he was glad Mr. Pressey brought up the 1990's, as
that was when he bought his home. He commented that the thing that would suffer would
be the fiduciary responsibility if the economy went south again; and the City would be
unrated and not able to issue bonds. He commented that $2 million would not make or
break the City, but stressed the need to be extremely cautious. He indicated that he did
not want the City caught in the same circumstances as before.
Mayor Buckley commented that the City did not have an obligation, but did pay to keep
certain bonds afloat; and noted that all was healthy now, but it did cost the City money
out-of-pocket. He clarified that there was no obligation, but it was the City's choice.
Administrative Services Director Pressey addressed the City's participation to assist in
buying out the bonds and doing the work-out for existing property owners. Mayor
Buckley commented that in part it was done to protect the City's credit; and while it was
not an obligation, there was an advantage to making sure the situation worked out. He
suggested based on the discussion at this meeting, it might be helpful to develop a "Bonds
for Dummies" cheat sheet, to create a baseline, so the Council and public will have a ~
level of understanding. He noted that in part public perception of the City was that it had
a bunch of weird financial things; and suggested that now that finances were boring it
would be of good use to have that type of compilation, to include the RDA, PF A, City,
etc. He concurred that a study session to go through the information would also be
helpful; and suggested the possibility of discussing some finance policy changes.
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE DEPOSIT AND REIMBURSEMENT AGREEMENT WITH
OAK GROVE EQUITIES II.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:55 P.M.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:56 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Paula Graver, 218 Ellis Street, indicated that she took over sending care packages to the troops,
and detailed the items being included in the boxes. She indicated that the public could assist in
this effort by providing the names and addresses of troops and assistance with mailing. She
further announced the Support the Troops Rally on Saturday.
.....,
AGENDA ITEM NO.--b.
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Edith Stafford, 29700 Hursh, indicated that she appreciated the open meeting discussion this
evening, and commented that more details was good.
Ron Hewison, 35 Villa Valtelena, indicated that he had been on the topic ofLusk/Brehm
Development for five years and it had not been handled properly. He further indicated that he
understood Brehm had completed the sale of the property today. He suggested that Lusk was a
deceitful company and the Community Development Department was ambiguous at best, in this
situation. He advised that the plans were signed off, when they included references to invalid
easements, resulting in a potentially fraudulent document. He further advised that the plans
included an inaccurate lot elevation for Lot 118 in Tuscany, which was his home; and suggested
that this was possibly a form of retaliation. He commented that the plans were held up for
months by Canyon Lake residents' objects, but Lake Elsinore resident concerns were only
granted three minutes at various hearings. He indicated that the final result was Brehm "giving
up" after being but through the hoops. He recommended a review of what went wrong, followed
by study sessions with the interested parties including City staff, the builder, the residents and the
Planning Commission.
",.--
CITY MANAGER COMMENTS
City Manager Watenpaugh indicated that he would prepare a memo on Study Session dates and
times.
CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
COMMITTEE REPORTS
No Reports.
CITY COUNCIL COMMENTS
City Treasurer Weber thanked the Council for their support in wanting to get a better
understanding of the bonds and protect the City in the future.
Mayor Pro Tern Kelley commented on the following:
",.--
1)
Congratulated Councilman Schiffner on his selection as Chairman of the
LESJW A Board.
AQENDA ITEM NO. \ ~ CL~
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Page Twelve - City Council Minutes - January 27, 2004
....,
2) Noted that Councilman Schiffner was reappointed to the SR-91 Committee, and
indicated she was pleased with that appointment.
3) Announced that the City would be loosing Chief Walsh in April, noting that she
was sad he was leaving, but pleased for him because of the new assignment to the
Special Enforcement Bureau of Homeland Security. She indicated that she knew
this was something he had wanted to do and congratulated him on the position.
She commended him on his professionalism and resolve and stressed that he
would be missed greatly.
Councilman Schiffner commented on the following:
1) Congratulated Chief Walsh on his selection for the new position; noting that it
was very prestigious. He suggested that it would allow Chief Walsh to retire in a
few years, in a blaze of glory. He indicated that it was also a coup for the City,
that our law enforcement leader was chosen for the position; noting that it
recognized the quality of the leader.
Councilman Hickman commented on the following:
....,
1) Noted that the last meeting was extensive and time consuming and expressed
concern that he was not able to report on the Thanksgiving and Christmas events.
He detailed the meals delivered, the tree lightings, the historical home tour, the
free food baskets, gifts for the kids and the Cops for Kids efforts.
2) Requested a copy of the Lehr Option Agreement, Exhibits and recitals, and asked
that a copy also go to the RDA Committee.
3) Announced the upcoming West Side Story production at Temescal Canyon High
School.
Councilman Magee commented on the following:
1) Addressed the comments by Mrs. Watts, and noted that CR & R was doing an
outstanding job. He indicated that if something was too big for regular pick-up,
residents could call (909) 943-1991 to have it picked up. He concurred that it was
not appropriate to have items cluttering the streets and alleys.
2)
Noted the volumes of material received regarding the MSHCP, and suggested if
anyone had sent him something and not received a response, give him until
....,
AGENDA ITEM NO. _t. c-.
PAGEl2:. OF 15
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Page Thirteen - City Council Minutes - January 27, 2004
February 1st and send him a reminder.
3) Addressed Mrs. Hyland's comments regarding Machado Street, and echoed the
Mayor's comments regarding next year's budget and suggested that Machado
would be placed high on the list. He suggested consideration of something similar
to Corydon, since a portion of the street is in the County; noting the possible
opportunity for a cost saving joint venture with the County to get it all done,
rather than doing it piecemeal. He indicated that all of the residents would fare
much better with the end result.
4)
Addressed Councilman Hickman's comments on getting information earlier,
noting that he was some times frustrated by the amount of material provided late
in the day. He commented that some things staff can not get out any earlier, but
noted that the Council had not continued anything in a long time. He suggested if
they did not feel comfortable with a decision, such as the CFD issue, it had the
prerogative to continue the item. He stressed that they should not feel pressured
to vote right away. He indicated that he always had a "go slow" approach to
spending money for others.
~
5) Noted the upcoming public study session for the possible formation of a Public
Safety Commission, and suggested that anyone interested in participating attend
the session or contact City Hall to declare their interest.
6) Indicated that he was ignorant to the issues from Mr. Hewison, but looked forward
to the City Manager bringing him up to speed on the issue and looking at where to
go from here.
Councilman Schiffner commented that he would like to see the project discussed by Mr.
Hewison come forward again for review, but noted he was not sure everyone would be thrilled
with what they heard. He indicated that it was a worthwhile project and needed to get going.
Mayor Buckley commented on the following:
1) Suggested an information only item on the next agenda regarding the project
discussed by Mr. Hewison, with regard to history, time line and where things go
from here. He suggested giving it a half hour or so.
2) Addressed request by Councilman Hickman regarding Civic Partners and the
RDA Committee, and questioned the time line for provision ofthe information.
~
AGENDA ITEM NO. J l ~,
PAGE...u OF.J..S:-
Page Fourteen - City Council Minutes - January 27, 2004
......,
3) Questioned if staff was any closer to deciding on the General Plan process. City
Manager Watenpaugh indicated that it would be part of the budget process, unless
the Council wanted an earlier study session. Mayor Buckley questioned the
timing for completion of the revision. City Manager Watenpaugh indicated it
would be a year to 18 months. Mayor Buckley indicated that he would like to
address it soon. City Manager Watenpaugh questioned the information desired.
Mayor Buckley indicated that he would like to see potential suggestions or
options, noting one area of interest would be to hold public meetings and noted a
process undertaken by SCAG or SANDAG for their comprehensive plan
meetings. He suggested that those meetings could provide a type of visioning
and kick off work on the general plan. Councilman Magee indicated it was
important to first identify the scope of the work, and determine which sections to
address. He further indicated that Council would need to look at the scope and
consider the dollar amount before proceeding. Councilman Schiffner noted that it
would be important to look at how the Plan was impacted by the MSHCP. Mayor
Buckley suggested bringing a couple of options for the next meeting.
4)
Requested a status report on the LEAPS Project. City Manager Watenpaugh
offered to follow-up on past offers of a presentation to the Council.
.......,
5) Noted that the trash bills include an (800) number for pick-up of bulky items.
6) Announced the following upcoming events.
February 1 - Open Air Market
February 7 - Household Hazardous Waste Collection
February 21 - Opening Day for Girls Softball
March 6 - Household Hazardous Waste Collection
March 6 - Lake Elsinore Little League Opening Day & Restroom Groundbreaking
January 28 - Public Meeting regarding CFD 98-1, at Railroad Canyon Road
7) Noted that the Historical Home Tour set a record by raising $4,000 this year. He
commended the efforts of J.J. Swanson/O'Neal.
8) Offered congratulations to the new and returning officers of the Chamber of
Commerce, as well as the award winners.
9) Congratulated Chief Walsh on his promotion.
10) Thanked the NAACP and Friends of the Library for their Martin Luther King Day
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Page Fifteen - City Council Minutes - January 27, 2004
presentation.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:25 P.M.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:55 P.M.
City Attorney Leibold announced that the City Manager's Evaluation was discussed in
Closed Session, with no reportable action.
ADJOURNMENT
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT
9:56 P.M.
/""
THOMAS BUCKLEY, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
/""
AGENDA ITEM NO. \ . CA.. \
PAGE I ~ OF I S'
"........
MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, FEBRUARY 10,2004
*************************************************************
CALL TO ORDER
Mayor Buckley called the Joint Study Session to order at 4:05 p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
"........
ABSENT:.
COUNCILMEMBERS: NONE
Also present were: City Manager Watenpaugh, Assistant City Manager
Best, City Attorney Leibold, Administrative Services Director Pressey,
Community Development Director Brady, Community Services Director
Sapp, Information/Communications Manager Dennis, Lake & Aquatic
Resources Director Kilroy, Public Works Manager Payne, Parks & Open
Space Manager Fazzio and Deputy City Clerk Ray.
DISCUSSION ITEMS
City Attorney Leibold indicated there were three items for closed session.
1. Anticipated litigation (2 cases).
2. Public employee performance evaluation (City Manager).
Consent Calendar
r"
1. Minutes - Councilman Magee commented on Item 1 a page 8 that
AGENDA ITEM NO. \. h..
"PAGE \ OF J Y
PAGE TWO-STUDY SESSION-FEBRUARY 10, 2004
....",
he was listed as the Liaison to the Downtown Merchants Association.
Councilman Hickman indicated that City Treasurer Weber was the Liaison.
Councilman Magee requested making that change in the record. He also
commented on Item Ib page 3, fourth paragraph, John Tavaglione's name
was spelled incorrectly and the last paragraph of that same page last
sentence it was a TAKE permit not TANK permit.
2. Warrant List - Councilman Hickman requested clarification for various
checks issued from Item No.2, the Warrant List. Staff clarified the checks
in question.
Councilman Magee requested clarification for various checks issued from
Item No.2, the Warrant List. Staff clarified the checks in question.
Mayor Buckley inquired why the City was paying for the gas leak on
Main and Sulpher, and ifit was because of the right-of-way.
...."
City Manager W atenpaugh confirmed that was correct.
Mayor Buckley asked if the tanks were approved to build in the right-of-
way.
City Manager Watenpaugh explained the tanks that were removed had been
in place years ago, and when the City did a renovation 10 years ago to the
downtown area, the tanks were found; thus the City got to remove and abate
the tanks.
Mayor Buckley inquired if there was any potential that the original owner
would remove the tanks.
City Manager Watenpaugh eXplained the property had changed hands
multiple times. He commented that the City was liable for the removal of
the tanks.
3. Approval of Final Map 30492 - Pardee Homes, Inc.
....",
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"PAGE ~ OFK.
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PAGE THREE-STUDY SESSION-FEBRUARY 10,2004
Councilman Magee commented he would be abstaining from Items 3, 4, and
5 since the projects were all approved before he was seated on the Council.
4. Approval of Final Map 30492-4-Pardee Homes, Inc.
No comments.
5. Approval of Final 30754 - Pardee Homes, Inc.
No comments.
PUBLIC HEARING
21. Tentative Tract Map 31917 - K. Hovnanian Forecast Homes-
~,
Mayor Buckley inquired about Condition #16 (allow work on Saturday). He
commented he had concerns about that Condition; and he noted that there
were homes nearby although he had not received a lot of complaints
recently, the past actions of the builder concerning their hours of operations
and keeping the dust down was in his opinion awarding inappropriate
behavior.
Councilman Magee recalled in July of 2003, while attending a Council
Meeting, listening to residents in the site area explaining the reasons why
they were displeased with the way the grading operation had occurred and
the hours of operation with respect to this particular builder. He indicated
based on their past performance the complaints that were received from that
particular housing group and page 4 of a City Manager's memo dated 2/6/04
"F orecast Homes had not been willing to work with Staff and will receive
daily citations, beginning Monday, February 9th until compliant with their
conditions of approval". He commented he was not interested in rewarding
a developer whose bad behavior continued seven months hence.
~,
Mayor Pro Tern Kelley inquired if they were currently in compliance with
CR&R.
AGENDA ITEM NO. \ .b-7
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PAGE FOUR-STUDY SESSION-FEBRUARY 10,2004
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City Manager Watenpaugh confirmed they were currently in compliance
with CR&R. He indicated another issue that might come up was regarding a
signal light.
Councilman Magee asked City Manager Watenpaugh to explain.
City Attorney Leibold joined the Study Session.
City Manager Watenpaugh explained that Staff was working with the
builder to require that they put up a cash bond or letter of credit; he
explained that the condition in their existing plan allowed them nine more
houses they could pull, but they reached the nine houses they could not pull
anymore permits until the signal was in place. He noted unless the builder
complied with a letter of credit or cash bond they would not be able to pull
more than nine permits.
Councilman Schiffuer inquired if the builder had given an explanation of
why they had not moved forward with the signal.
....."
City Manager Watenpaugh indicated the builder had ordered the controller
prior to getting the signalization approved, but the controller received was
not to the specifications the City uses, so they had to reorder.
Councilman Hickman indicated that Horton in the Tuscany area was
working seven days a week, and their sign stated until dusk they were
allowed to work. He noted daylight savings would be upon us soon and they
should be working 7:00 a.m. to 5:00 p.m. like everyone else and they were
working that past Sunday.
Mayor Buckley commented that in a number of other cities that failure to
comply with hours of operations and dust remediation, not only meant the
work had to end that day, but they also did not get to work the entire next
day. He also commented as a City we should have far more strict penalties
for failing to comply with work hours. He deferred to City Attorney Leibold
inquiring how strict the City could become.
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A(iENDA ITEM NO. 11 b. _
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PAGE FIVE-STUDY SESSION-FEBRUARY 10,2004
City Attorney Leibold noted the City could establish hours of operation or
construction activity as deemed appropriate. She indicated the noise
ordinance specified that construction or grading activity had a specified time
frame.
Mayor Buckley inquired if to put in a penalty, the Council would need to
change the L.E.M.C.
City Manager Watenpaugh inquired if rather than penalizing all of the
developers, was it possible to add something similar to Mayor Buckley's
suggestion into the cost recovery program, so if the City charged it, then it
became an issue of enforcement.
,,-, City Attorney Leibold indicated it was possible for Council to impose a
more restrictive condition than what was specified in the LEMC with
discussion and a finding as to why a more restrictive condition was imposed.
Mayor Buckley inquired ifpast bad behavior would qualify.
City Attorney Leibold commented certainly with respect to a cost recovery
concept suggested by the City Manager, because the City had historically
incurred cost in the enforcement of that condition. She was not sure that
past bad behavior justified a more restrictive time of operation, but felt
Council could specified exactly what the consequences of violating the
condition were.
Councilman Schiffuer indicated there must have been a reason why the time
was extended to include Saturday and had to have been discussed at the
Planning Commission and there must have been some comments.
r"
Community Development Director Brady indicated the applicant had
requested additional time and the intent was the location of the tract was
removed from the existing homes and the noise would not be as great.
Lb,
AC'aENDA ITEM NO.
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PAGE SIX-STUDY SESSION-FEBRUARY 10,2004
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Councilman Schiffuer commented that the tract was further back and was
not as close as the first tract. He indicated it should be conditioned upon
there being no complaints; and in the event complaints were received the
Council would eliminate Saturdays.
Councilman Magee inquired about the lot sizes in the tract.
Community Development Director Brady indicated the lots ranged in size
from 6,000 sq. ft. to 27,000 sq. ft. and the average size was 10,114 sq.ft.
Councilman Magee indicated on Condition #57 staffhad discussed slopes
greater than 2: 1 and inquired if there were a significant amount of slopes
greater than 2: 1 in the tract.
Community Development Director Brady indicated the City standard was
2:1.
.....;
Councilman Magee indicated Condition #79 the last sentence read - "Signal
shall be funded by CFD monies and in accordance with the development
agreement associated with the La Laguna Estates Specific Plan." He
inquired if there was money in that fund right now or was it something that
would be created in this particular phase.
Community Development Director Brady indicated he was not sure of the
amount of the balance of that CFD at that time. He would need to research
that information.
Councilman Hickman asked if Staff was requesting drip irrigation for the
landscaping and possibly fertilization units.
Community Services Director Brady indicated the landscape plan had not
been submitted, but the HOA would maintain all the common open space
areas. Slope areas that were in a lot would be the responsibility of the
property owner.
......,
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~ PAGE SEVEN-STUDY SESSION-FEBRUARY 10,2004
Councilman Hickman indicated they had won an award at the State level in
Tuscany Hills for their drip irrigation program. He suggested in the future
Staff should consider drip irrigation instead of sprinklers, as it would
conserve water and save money.
Councilman Schiffner suggested adding into the Conditions of Approval - In
the event of excessive number of complaints, Saturday work would be
eliminated.
22. Tentative Parcel Map No. 29996, Mitigated Negative Declaration No. 2003-
04 and Design Review of Industrial Project No. I 2003-05-Southwest of
Collier A venue on Hunco Way within the Collier Avenue Business Park.
City Manager Watenpaugh gave an overview of the item.
"...- Councilman Magee noted on the bottom of page 1 there was discussion of
when building permits could be pulled and on the next page the sentence
began- "Buildings G and H as shown on the plans", it was possible Staff
dropped a sentence.
Community Development Director Brady clarified in the staff report the
condition was modified to allow the buildings to be constructed and the
certificate of occupancy would not be granted until the storm drain was in
place, so the last sentence on page 1 should read "Complete construction of
the storm drain prior to issuance of any certificates of occupancy". The
Buildings G and H should not have been included.
Councilman Magee inquired if there was a design of the storm drain
available.
Community Development Director Brady explained the drainage would go
from Collier, take the drainage off the Home Depot site, take it through
Hunco Way across Pasadena and into the Outflow Channel, which was
under design.
,-.,
AGENDA ITEM NO. J \ h, .
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Councilman Magee noted in the plans that were submitted to him, the upper
right hand comer of the Tentative Parcel Map Engineer Dennis C.
Fonsworth's license expired in the year 2000 and hoped he had an updated
stamp and license before he submitted the plan.
Business Items
City Manager Watenpaugh commented that there was a request by the Water
District to pull Item No. 33, the LEAPS Project. He noted Mayor Buckley
had requested a written project in the packet that was given to Council, but
the Water District would like to make a presentation.
Councilman Schiffner explained they would need to agendize the matter
because they would have more than two Director's at the Council Meeting.
Mayor Pro Tern Kelley indicated that she would like to see a presentation on
the issue.
.....,;
Councilman Magee echoed Mayor Pro Tern Kelley and commented that he
was not comfortable with seeing the item on the agenda without receiving an
update as a Councilmember.
Mayor Buckley commented that the sudden arrival on the agenda was
extremely inappropriate and he found it interesting that they decided to pull
the item. He indicated at the last meeting Council was looking for a timeline
and some sort of informational direction whether the City had to get
involved or if the City could get involved, and what were the consequences
if the City did get involved, which were basic questions. He noted if the
City was a permitting agency it would absolutely inappropriate for the
Council to consider a resolution of support as that could be conceived as
predecisional in the permitting concept.
Councilman Schiffner explained that the Water Department requested
LESJW A to give the approval supporting the LEAPS Project, and he gave
the approval of the City on the condition the City Council would approve it,
so LESJW A could not approve the support until the Lake Elsinore City
\~bj
AGENDA iTEM NO. I L\ .
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PAGE NINE-STUDY SESSION-FEBRUARY 10, 2004
Council had given their support, so he requested it be put on the Agenda and
the Water District requested the opportunity to give a presentation.
31. July 4th Fireworks.
Mayor Buckley commented it was a great idea to have the fireworks over the
Lake.
City Manager Watenpaugh deferred to Community Services Director Sapp.
~
Community Services Director Sapp explained there were only two
pyrotechnic companies available, the third company (San Diego Fireworks)
was booked for that day. He explained that Fireworks America was located
in Lakeside and provided a bid at $15,000 and $20,000. Pyro Spectaculars
was located in Rialto and provided a bid at $17,000, $20,000 and $25,000.
He noted for comparison purposes he used the $20,000 bid. He indicated
Pyro Spectaculars could do a simulcast over the radio "Sky Concert" with
music and last 20 minutes. Fireworks America could also provided the same
simulcast over the radio, but since they were located in Lakeside the radio
stations they work with were San Diego based and might not have the range
to reach Lake Elsinore. Pyro Spectacular networked through KOLA Radio
99.9, which reached Lake Elsinore. He went on to say that the price tag was
broken down to the number of shells that each bid would provide. Pyro
Spectacular provided 1,136 or approximately one shell per second.
Fireworks America was 694 or one shell per 1.7 seconds, both shows were
20 minutes in length for $20,000.
Mayor Pro Tern Kelley inquired about Staff coordinating a boat parade.
Community Services Director Sapp indicated that it was discussed if there
were an activity on the Lake with fireworks it would be a great opportunity
to have a boat parade. The Staff cost for preparation and event operation
was estimated at $9,417 and would be part of the 2004-2005 FY Budget.
/'"""
AQENOA ITEM NO..-L b, ~
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PAGE TEN-STUDY SESSION-FEBRUARY 10,2004
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Councilman Hickman inquired why the boats already on the lake need to
come off the lake instead of being out there with their green and white lights
on and let the boats for the parade go about the exterior of the lake.
Lake & Aquatic Resources Director Kilroy explained that during the first
year the Lake Department would like to see where the fall-out zone would
be and there was concern of heavy drinking on the 4th of July and wild
boaters, so it may be difficult to control the area.
Councilman Hickman commented that he would go with the first year of
having the boats come off the water, but the second year he would like to see
the lake open for all boaters.
Community Services Director Sapp commented that there was normally one
or two arrests while boating under the influence. He noted it was illegal to
drink on the beach and illegal to be drunk while driving a boat, but it was not
against State law to drink in a boat on the Lake.
.....,
City Manager Watenpaugh expressed his concern with the unlimited speed
zone on the Lake; and there would need to be enforcement out there all night
or until patrol was able to get everyone off the Lake.
Mayor Pro Tern Kelley inquired about possible parking issues. She
commented that along Lakeshore Drive cars would stop to watch the
fireworks. She asked if staff would try to have citizens go to other areas to
park.
Community Services Director Sapp indicated that Staff would encourage
citizens to park at the Stadium and walk out in the levee and view the
fireworks show. Staff was recommending that Council exempt Staff from
Chapter 3.08.070 LEMC (the formal bidding process).
Councilman Magee was concerned with the dollar amount for the event. He
thought the idea with the Lake was great and encouraged Staff to work with
Pete Dawson and L.E.M.S.A.R. He agreed with Mayor Buckley regarding
.....,
AGENDA ITEM NO. _\ I b,
PAGEJn..OF~
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PAGE ELEVEN-STUDY SESSION-FEBRUARY 10,2004
free parking at the stadium and at the boat launch facilities if a flyer was to
be prepared that not only discussed where the fireworks were, but gave the
details of participating in the boat parade.
32. Consideration of State Proposition 57-Economic Recovery Bond Act; and
Proposition 58 California Balanced Budget Act.
Mayor Buckley suggested Resolutions of support.
City Manager Watenpaugh indicated Staffhad drafted letters of support,
but could revise them into resolutions of support.
,,-..,
Mayor Buckley indicated letters of support would be fine.
City Manager Watenpaugh indicated that Assistant City Manager Best had
attended a meeting with neighboring cities and chambers and they were in
favor of 57 and 58, but it was a Council decision to support the propositions.
33. Resolution of Support for EVMWD's LEAPS Project.
The item was pulled from the Agenda.
34. Annual Financial Reports for Fiscal Year ended June 30, 2003.
City Manager Watenpaugh gave an overview of the item.
35. General Plan Update.
Mayor Pro Tern Kelley indicated this was long overdue.
,,-....
City Manager Watenpaugh gave an overview of the item. He noted that it
could be costly. Staff was proposing to Council to do an RFP or RFQ to
receive quotes and then break down into elements. The first would be the
AGENDA ITEM NO. \. ~
PAGE -LL OF.l.:L-
PAGE TWELVE-STUDY SESSION-FEBRUARY 10, 2004
....,
land use and second would be traffic circulation; this would be a multi-year
project, so it could be funded in multiple years. He deferred to Community
Development Director Brady.
Community Development Director Brady indicated that in the Staff reports
the housing element would need to be updated and that was an issue Council
might want to consider as part of this particular process, it was required by
law to be updated on a regular basis. The addition of an economic element
or lake element or tourist recreation element could also be part of the plan.
He noted the Council might want to consider revising the zoning ordinance,
which was the implementing tool of the General Plan.
Councilman Schiffner commented that a portion of the General Plan would
need to be revised to be in conformance with the MSHCP.
Community Development Director Brady indicated the key elements would
be both the circulation and the land use.
....,
Councilman Magee indicated the process could go astray rather quickly and
become extremely time consuming. He commended Mr. Brady on theRFP
document. He noted that under Item 5.0 with respect to the sphere of
influence, it was important to stress whether in writing or during the
interview process that we had some very unique and sensitive issues with
respect to our sphere of influence. Item 7.0 was well worded. Item 5c under
cost of services, he suggested adding "a periodic budget review of these
tasks as they met threshholds", this would allow Council to monitor the
dollars so that it did not spiral out of hand. He indicated page 9 of 13 Item
C4, the last sentence - "A total not to exceed the cost of each of the tasks for
the entire scope of work must be included." He asked how the City intended
to handle change orders. He noted this could be answered later. He
indicated the City of Riverside was on track to complete theirs in 18 months.
Mayor Buckley wanted to ensure that the potential bidders for this project
understood public participation through numerous townhall type meetings
through an active engaged advisory committee and something similar to the
SCAG compass or what SANDAG had done to drive the process. He
AGENDA ITEM NO. J .6.
" PAGE..l2:: OF 1 ~
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PAGE THIRTEEN-STUDY SESSION-FEBRUARY 10, 2004
suggested "Public participation shall be an integral and key component from
the outset of the process."
REDEVELOPMENT AGENCY
Chairman Hickman gave an overview of the RDA Agenda.
Legal Counsel Leibold indicated there was one item for closed session.
.1. Conference with Real Property Negotiator with respect to the Stadium and
Impact Consulting. The price and terms were under discussion.
Consent Calendar
No comments.
~
BUSINESS ITEMS
3. Establishment of Joint Study Session with RDA Committee.
Chairman Hickman commented he would like to schedule it in March and
suggested the RDA Committee set the agenda.
ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY
MEETING WAS ADJOURNED AT 5:15 P.M.
THOMAS BUCKLEY, MAYOR
CITY OF LAKE ELSINORE
,-..
AGENDA ITEM NO. _\ ,~
PAGEllOF JL(
PAGE FOURTEEN-STUDY SESSION-FEBRUARY 10,2004
'-""
DARYL HICKMAN, CHAIRMAN
REDEVELOPMENT AGENCY
Respectfully submitted,
Frederick Ray, Deputy City Clerk
ATTEST:
'will'
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
'will'
AGENDA ITEM NO.-1b.--
", PAGE~OFJ If
r"
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, FEBRUARY 10,2004
******************************************************************
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Buckley at 5 :00
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
"""',
ABSENT:
COUNCILMEMBERS: NONE
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Community Development Director Brady, Community
Services Director Sapp, Administrative Services Director Pressey, Director of
Lake & Aquatic Resources Kilroy, Information/Communications Manager
Dennis, Public Works Manager Payne, Parks & Open Space Manager Fazzio,
City Treasurer Weber and Deputy City Clerk Ray.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGA TION Significant exposure to litigation pursuant to subdivision (b)
(3) (C) of Gov't Section 54956.9 (2 cases).
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City
Manager.
~
City Attorney Leibold announced the Closed Session Items as listed above.
AGENDA ITE~ NO.~
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Page Two - City Council Minutes - February 10,2004
......"
THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO
CLOSED SESSION AT 5:15 P.M.
The Closed Session discussion was completed at 7 :05 p.m.
RECONVENE PUBLIC SESSION (7:00 P.M.)
Mayor Buckley reconvened the Regular City Council Meeting in Public Session at
7:15 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Reverend Don Butenshon.
INVOCATION - MOMENT OF SILENCE
Mayor Buckley led the meeting in a moment of silent reflection and asked
everyone to keep in their thoughts Connie Whittaker and Carl Brewster.
......"
PRESENTATIONS/CEREMONIALS
a. Chamber of Commerce Update
Chairman of the Board Jack McColley gave an update. He commented the
Chamber of Commerce started the New Year with their annual awards and
swearing in of their 2004 Executive Officers and Board of Directors at their recent
55th Annual Installation Dinner. The 2003 Citizens of the Year were Pastors Fred
Rodriguez and Russ Stewart of First Assembly Of God Church. The 2003
President's Award winner was Carmen Malone of High Grove Restaurants, 2003
Small Business of the Year winner was Wells Fargo Bank, and 2003 Large
Business of the Year winner was High Grove Restaurants. The 2003 John
Packman Memorial Award winner was Sonya Wilson. He noted there were new
titles for some of the Executive Officers and announced the new office manager
was Amy McColley. He congratulated the first new members of the new premier
membership program. He noted the first EDC Luncheon and Business Program of
......."
AGENDA IT. EM NO. ~
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Page Three - City Council Minutes - February 10,2004
/"""'
2004 would be held February 12,2004, 11 :30 a.m. - 1 :00 p.m. at the Diamond
Stadium in the Diamond Club. He announced that the Chamber was hosting a
Candidates Forum for Riverside County Supervisors, and reservations were
required by noon on February 11,2004. He indicated they would also honor the
February Business of the Month (Lake Elsinore Florist and Gifts). Ed Aguirre
would be taping the forum and Comcast would be airing the video on channel 29
on 2/18/04 (7p.m.), 2/23/04 (7p.m.), 2/25/04 (7p.m.) and 3/1/04 (7p.m.). He
further announced the next Student of the Month Luncheon would be 2/24/04
(noon) at the Lake Elsinore Sizzler. The first Business Mixer would be held on
2/26/04 at the Lake Elsinore Woman's Club at 5:30 p.m. 7:30 p.m. and hosted by
the Lake Elsinore Woman's Club, Lake Elsinore Valley Arts Network and Lake
Elsinore Historical Society. The annual calendar of events could be accessed
online at www.levcc.org. The Chamber was recruiting new members for their
Ambassador Committee. He spoke highly of Connie Whittaker and Carl Brewster
and indicated they would be sorely missed. He commented that the First
Christian Church would be holding a memorial for Connie Whittaker; and Carl
Brewster had no local family, but did have family that would be coming from out
of town. He noted the Chamber would make every attempt to keep the community
updated.
Mayor Buckley asked Chairman McColley to post all information on the Chamber
website.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
No comments.
CONSENT CALENDAR
/"""'
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
A VOTE OF 4-0, COUNCILMEMBER MAGEE ABSTAINING FROM
VOTE TO APPROVE THE CONSENT CALENDAR WITH THE
TYPOGRAPHICAL CORRECTIONS TO BE MADE TO ITEMS lA AND
IB AND APPROVE FINAL MAP 30492, FINAL MAP 30492-4 AND FINAL
MAP 30754.
ACENDA ITEM NO.
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Page Four - City Council Minutes - February 10,2004
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1. The following Minutes were approved:
a. City Council/Redevelopment Agency Study Session - December 9,
2003.
b. City Council Study Session - December 17,2003.
c. City Council Study Session - January 22, 2004.
d. City Council/Redevelopment Agency Study Session - January 27,
2004.
e. Regular City Council Meeting-January 27, 2004.
2. Ratified the Warrant List of January 29, 2004.
PUBLIC HEARINGS
21. Tentative Tract Map No. 31917 - K. Hovnanian Forecast Homes - North of
McVicker Park and West of Grand Avenue and Lincoln Street within the La
Laguna Estates Specific Plan Area. ~
Mayor Buckley opened the public hearing at 7 :25 p.m.
Community Development Director Brady indicated the map was part of the La
Laguna Estates Specific Plan Project. The map before Council was to
subdivide 51 acres into 98 single family lots and five open space lettered lots;
on January 20, 2004 the Planning Commission held a Public Hearing on this
item and reviewed the Tentative Tract Map, there were some modifications
made to the conditions of approval recommended to the City Council at the
4:00 p.m. Study Session. He noted Condition # 16 that addressed the
construction hours of operation. Staff had recommended Monday through
Friday, but the Planning Commission recommended including Saturday. He
indicated that on Conditions #79,80, and 81 there was inquiry regarding the
funding of the signals; he clarified the wording - "said signal may be funded by
CFD monies if available and in accordance with the Development Agreement
associated with the La Laguna Estates Specific Plan", that same wording would
be included in #79, 80, and 81. He detailed the location of the project north of
Mc Vicker Park. The lots ranged in size from 6,000 sq. ft. to 27,000 sq.ft; and
'......,
AGENDA ITEM NO. \ C
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,...... Page Five - City Council Minutes - February 10,2004
the average lot size was 10,114 sq.ft. The models they would be using were the
same models they were currently constructing in their other tracts.
Steven Ford, Forecast Homes, indicated that they had read the conditions and
mentioned on page 3 of 34 they stated "hauling trucks shall not operate on a
Saturday" and it was related to the McVicker roadway by the park and they did
not want to preclude any hauling trucks, but it was to facilitate if there was a
need for moving dirt on and off the site, but they would not be doing any
hauling. Mayor Buckley indicated the page Mr. Ford was referring to was page
6 of34 and it was part of Condition #16. Mr. Ford indicated their
understanding was that the traffic signals were a reimbursement through the
CFD.
~
Ron Hewison, 35 Villa Val Telena, indicated that he was not there to speak on
the Forecast Homes, but was there to speak on Condition #16. He indicated
about four years ago he had a similar situation arise with the Community
Development Director; and he had obtained an e-mail from him, which
categorically confirmed even though the conditions did not include Saturday
work, Saturday working would not be permitted because of a City noise
ordinance. He indicated that he was surprised to see now there seemed to be
flexibility that did permit, despite giving written assurance to residents that this
could happen. He commented that the Horton Development worked a full eight
to ten hour day on Saturday, February 7, 2004; and on Sunday, February 8,
2004, they were on site before 6:00 a.m. and the final truck was not pulled off
the site until 12:00 p.m. He commented they were doing full grading and
tunneling and he requested that some attention be given to the cleanliness of
the site, as there were no trash cans available onsite.
,......
Dan Uhlry, 103 Flint Street, indicated on the Saturday workday the Developer
requested that the Planning Commission add Saturday work. The Planning
Commission felt due to the traffic with McVicker Park they did not want any
hauling done on McVicker Road on Saturdays. The Planning Commission had
no objections because the project was back in the hills.
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Page Six - City Council Minutes - February 10, 2004
......",
Mayor Buckley closed the public hearing at 7:35 p.m.
Councilman Schiffner suggested adding to the Conditions of Approval - The
opportunity to work on Saturdays would be dependant upon the Community
Development Department, depending on the number of complaints that they
received; and they could suspend the Saturday work if the complaints were
excessive enough that they felt they should suspend Saturday work.
Councilman Magee noted that there was no lot less than 6,500 sq.ft. and the
average lot size was over 10,000 sq.ft. He indicated in July, 2003 he attended a
Council Meeting were several homeowners came and complained to Council
about this particular developer, about the violations in respect to working
hours, dust, etc. He indicated that he would feel more comfortable if the
developer had complied and if Mr. Woodward and his neighbors had attended
the Council Meeting or prepared a letter that indicated they had no problem
with this project moving forward on a Saturday. He understood Commissioner
Uhlry comment with respect to how far back this site was in the hills, however ......",
he felt it was an ample theater back there, that when the equipment started up,
the noise would come right back down the canyon and at 7 :00 a.m. on a
Saturday the Council would receive complaints. He commented on a weekly
memo that was prepared by the City Manager were he indicated, "Forecast
Homes had not been willing to work with Staff and will receive daily citation
beginning Monday, February 9 until compliant with their conditions of
approva1." He noted a particular sentence dealt with the developer using an
outside trash hauler violating the City's agreement with CR&R. He inquired
when the first notice to comply was sent out and when if ever they had
complied.
City Manager Watenpaugh commented that he was not sure when the first
notice to comply went out, but they were currently in compliance and deferred
to Community Development Director Brady and Community Services Director
Sapp.
Community Development Director Brady commented that the conditions of
approval required the developer to use CR&R; that was a standard condition,
AGENDA ITEM NO.
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Page Seven - City Council Minutes - February 10,2004
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because of the requirements the City had to recycle and to meet the City's
recycling requirements through the State, or the City would be fined. The
developer signs an acknowledgement of those conditions of approval. He did
not know when a specific notice was sent to the developer, but it was discussed
with them, that they would need to bring this into compliance or they would be
shut down. Councilman Magee inquired if the situation had been going on
more than 30 days. Community Development Director Brady confirmed.
Councilman Magee inquired if longer than six months. Community
Development Director Brady commented that probably since the beginning of
the project he believed they had used a different trash hauler. Councilman
Magee commented that suddenly before the public hearing they were now in
compliance. Councilman Magee commented that it was a good project and he
liked the lot sizes, however he did not want to receive complaints on Saturday
mornings from those same residents that had complained before; and based on
the track record he could not support allowing the developer to work on
Saturdays.
Mayor Pro Tern Kelley agreed with Councilman Magee and recalled that
particular Council Meeting. She indicated that based on the compliance issues
she could not support working on Saturdays.
Councilman Hickman asked Community Development Director Brady to
follow up with Horton in Tuscany Hills to make sure they had a contract with
CR&R. He asked Mr. Ford if they would be able to comply with getting the
traffic signals installed and operating, to remain in compliance.
Mayor Buckley inquired when the signals would be operational.
",-..,
Mr. Ford indicated that he had given a memo to the City Engineer regarding the
traffic signals. He noted the posts were in place and the electrical was
completed, the arms of poles were lying on the ground ready to be raised. He
further noted that 2/14/2004 was the scheduled date for the poles to be raised
and the controller would be in on 2/13/2004; and installed on 2/17/2004 on the
first signal and 2/23/2004 on the second signal.
AGENDA ITEM NO. I c-
PAGE l OF E)'L-f
Page Eight - City Council Minutes - February 10,2004
'-'
Mayor Buckley indicated that there had been no other development that he had
received more complaints about than this particular development. He
commented he did not want to reward poor behavior by allowing extra work on
Saturday. He also commented on Horton development in Tuscany working on
Sunday and reiterated to Community Development Brady to follow up on that
issue. He noted normally when developers worked on a Saturday they would
just be shut down and resume business the next day without serious
consequences for violating the conditions of approval. He indicated at the 4:00
p.m. Study Session there was discussion on potentially modifying condition
#88. He deferred to City Attorney Leibold.
City Attorney Leibold indicated that Condition #88 as written required a
$5,000 performance bond to guard against any potential future violation of the
City's noise ordinance or Condition of Approval #16. She suggested a cash
deposit that could be drawn upon in the event of violations and encourage
Council to impose that requirement only upon the first violation as opposed to
a condition of approval that would go into effect immediately. .....,
Mayor Buckley deferred to City Manager Watenpaugh regarding cost recovery.
City Manager Watenpaugh commented that cost recovery was all of the
developers putting in a cash deposit; and staff drawing against the deposit; and
when it was depleted another deposit was made before services were rendered.
City Attorney Leibold inquired if law enforcement costs that were not
reasonably part of the Sheriff Office; would customarily be drawn down that
activity.
City Manager Watenpaugh commented that he was not aware of ever
withdrawing for police services.
City Attorney Leibold indicated she was referring to community development
services not the Sheriff is Department.
AGENDA ITEM NO. \ c.._~
PAGE g ~
Mr. Ford indicated that he agreed with Councilman Magee's statements. He
noted the nearby residents of the first site had his home number and he had also
received complaints. He commented that they had taken the complaints very
seriously and enforced their policies with their suppliers and subcontractors.
He indicated their was an awkward situation at Sunswept, which was
contingent from the beginning, with people that had an ax to grind and even
when there is blowing wind it was their (Forecast Homes) fault. He
commented that they had taken care of those issues and posted their bond and
no one had asked to go against their $5,000 bond. He noted he took exception
to the Council's comments with regards to their character and the way they had
handled the complaints. He indicated that Carol Donahoe extended their notice
documents and their perimeter, because it was contiguous ownership. He
commented that on the trash hauling compliance there was verbiage originally
AGENDA ITEM NO. \ C
PAGE C1 OF 9t
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Page Nine - City Council Minutes - February 10,2004
Community Development Director Brady indicated that cost recovery was for
the processing of the project. He noted if Code Enforcement was sent out it
would not be charged against the deposit. He indicated the intent of this
condition was to have a separate deposit.
City Attorney Leibold clarified that it was a deposit separate and apart from the
entitlement processing.
Mayor Buckley confirmed. He noted essentially it would be money set aside
for every time there was a complaint and a City employee had to go to the site
to resolve the issue, the money would come immediately out of that deposit.
~.
City Attorney Leibold suggested a Condition #88 that read as follows: Upon
violation by applicant of the City's Noise Ordinance and for Condition of
Approval # 16, applicant shall cease all construction activities and shall be
permitted to recommence such activities only upon depositing with the City a
$5,000'cash deposit available to be drawn upon by the City to fund any future
law enforcement needs that may be caused by potential project construction
violations and the enforcement of the City's Noise Ordinance and Condition of
Approval # 16. The applicant shall replenish the deposit upon notice by the
City that the remaining balance is equal to or less than $1,000."
"......
Page Ten - City Council Minutes - February 10,2004
.......,
that they felt if they were hauling things to the dump then they would not need
to use CR&R. He noted the City had a memo and there was conference call
with their Counsel and Community Development Director Brady discussing
CR&R and the conditions and how it was to be handled. He noted other
developers were not handling it the same way. He explained their trash hauling
went to recycling from where there contractor had it; and they were now using
CR&R (which was an extra cost) and were revamping all of their contracts so
that they were going to put the trash into the containers, so the City would
receive full credit for the reduction of the waste. He commented they were not
resolving this issue because of this hearing it had been a long standing issue.
They requested a Saturday workday because the City Noise Ordinance allowed
for construction work Monday through Saturday; and their Specific Plan
reflected construction activity Monday through Saturday. There was special
imposition on them on Tract Map 30788 because of the proximity of the
homeowners. He noted there had not been one complaint since the second
phase had been underway. He did not understand the stipulation for something
that wa"s done, acknowledged and resolved. .......,
Mayor Pro Tern Kelley inquired of the other developments in the City, were
there any developers allowed to work on Saturdays.
City Manager Watenpaugh deferred to Community Development Director
Brady.
Community Development Director Brady explained that it had been Staff s
recommendation because of these issues, if there were any development in
close proximity to residential homes Staff recommended that it only be allowed
Monday through Friday, but the applicant could request a Saturday workday.
He commented it had been Staff s position to only allow Monday through
Friday, and normally Staff found out about a developer working on weekends
when someone complained to Staff.
Councilman Magee addressed Mr. Ford and clarified that he did not use the
word character when discussing the issues with his company and ifhe did he
apologized. He explained his issue was performance, and with respect to City
.......,
AGENDA ITEM NO. \ ~
PAGE \ 0 OF
,-.- Page Eleven - City Council Minutes - February 10,2004
Staff expanding the circle of notices; he commended Staff. He commented that
Forecast Homes had known for over six months that CR&R was the required
hauler, which was in the Conditions of Approval and did not understand why
the developer did not use CR&R.
MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP 31917
SUBJECT TO THE MODIFICATIONS TO CONDITION NO. 88 AS READ
INTO THE RECORD BY THE CITY ATTORNEY AND A
MODIFICATION TO CONDITION NO. 16 THAT WOULD PRECLUDE
CONSTRUCTION ON SATURDAYS, BASED ON EXHIBIT E AND
RECOMMENDED FINDINGS; AND SUBJECT TO CONDITIONS OF
APPROVAL.
FINDINGS
,,-...
1. The proposed subdivision, together with the provisions for its design and
improvements, is consistent with Amendment No. 1 to the La Laguna Estates
Specific Plan No. 92-4, and therefore, the City of Lake Elsinore General Plan.
The proposed subdivision is compatible with the objectives, policies, general
land uses and programs specified in the General Plan (Government Code
Section 66473.5). The map proposes single family residential lots that exceed
the Specific Plan lot size minimum. The map supports the circulation plan
outlined in the Specific Plan. The map provides open space areas that protect
the natural topography and views.
2. The site of the proposed division of land is physically suitable for the proposed
density of development in accordance with the Specific Plan and General Plan.
The map is consistent with Section 3.1.2.f. - Land Use Guidelines and
Standards, and Section 6.2.6.a. - Density Transfer Provisions, of Amendment
No. 1 to the Specific Plan.
,-.
3. The effects this project 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. Such concerns
AGENDA ITEM NO.
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were considered in the adopted Environmental Impact Report No. 92-2 (EIR)
for the La Laguna Estates Specific Plan.
4. Subject to the attached conditions of approval, the proposed division is not
anticipated to result in any significant environmental impact. Conditions of
Approval include adherence to previously adopted mitigation measures for the
Specific Plan.
5. The design of the proposed division of land or type of improvements are not
likely to cause serious public health problems. Such concerns were considered
in the adopted Environmental Impact Report No. 92-2 (EIR) for the La Laguna
Estates Specific Plan.
6. The design of the proposed division on land or the type of improvements will
not conflict with easements, acquired by the public at large, for access through
or use of property within the proposed division of land. The map has been
circulated to City departments and outside agencies, and appropriate conditions """""
of approval have been applied for their approval during construction.
Italics indicate verbiage added; strikethrough indicates verbiage deleted.
PLANNING DIVISION
1. Tentative Tract Map No. 31917 will expire two (2) 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 (SMA). Additional
extensions of time (36 months maximum time per the SMA) may be granted
with City Council approval.
2. Tentative Tract Map No. 31917 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the
Lake Elsinore Municipal Code, Title 16 unless modified by approved
Conditions of Approval.
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AGENDA ITEM NO.
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3. 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. 31917, which action is brought within the time period
provided for in California Government Code Sections 65009 and/or 66499.37,
and Public Resources Code Section 21167. The City will promptly notify the
Applicant of any such claim, action, or proceeding against the City and will
cooperate fully with the defense. If the City fails to promptly notify the
Applicant of any such claim or proceeding, the Applicant shall not, thereafter,
be responsible to defend, indemnify, or hold harmless the City.
",....-
4. The applicant shall sign and return an "Acknowledgment of Conditions" to the
Community Development Department within 30 days of the Tentative Tract
Map approval by the City Council.
PRIOR TO FINAL TRACT MAP:
5. The applicant shall comply with the requirements of the Elsinore V alley
Municipal Water District, as noted in their transmittal dated November 13,
2003 attached.
6. The applicant shall comply with all Conditions of Approval by the Riverside
County Fire Department, as listed in their transmittal dated November 19,
2003 attached.
7. All lots shall comply with minimum standards contained in the Development
Standards approved with Amendment No. 1 to the La Laguna Estates Specific
Plan No. 92-4. Where these standards are silent Title 16 of the Lake Elsinore
Municipal Code shall apply.
""
8. All cul-de-sac streets shall comply with the maximum length of 1 ,000 feet, as
allowed in the La Laguna Estates Specific Plan.
AGENDA ITEM NO. 'C-
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"'-"
9. A precise survey with closures for boundaries and all lots shall be provided
per the LEMC.
10. Street names within the subdivision shall be approved by the Community
Development Director or designee prior to final map approval.
11. All of the improvements shall be designed by the developer's Civil Engineer
to the specifications of the City of Lake Elsinore.
12. The applicant shall comply with the Mitigation Monitoring Program prepared
and updated for Amendment No. 1 to the La Laguna Estates Specific Plan No.
92-4.
13. The applicant shall provide evidence that the Covenants, Conditions and
Restrictions (CC & R's) for the existing Homeowners' Association in La
Laguna Estates has been updated to incorporate the boundaries of this map.
The HOA shall be responsible for the maintenance of all open space areas and "'-"
maintenance easement areas.
14. The Final Map shall identify the downslopes within Lots #14 and #78 as HOA
Maintenance Easements. All HOA Maintenance Easements shall be planted,
irrigated and maintained by the HOA.
PRIOR TO GRADING AND BUILDING PERMITS:
15. Construction on the property covered by this map is subject to all the
Conditions of Approval of the La Laguna Estates Specific Plan, Amendments,
and underlying Parcel Map No. 31011, unless superceded by these conditions.
16. The City's Noise Ordinance shall be met during all site preparation activity.
Construction shall not commence before 7:00 a.m. and shall cease at 5:00
p.m., Monday through Friday Saturday. Construction activity shall not
take place on Saturday, Sunday or any legal holidays.
"'-"
\C-
AGENDA iTEM Np. 5,
PAGEJ:L-Of-
~ Page Fifteen - City Council Minutes - February 10,2004
a. Construction traffic shall not take access on Sandpiper through existing
residential areas on Saturdays.
b. Hauling trucks shall not operate on Saturdays.
Revised by the Planning Commission, January 20, 2004.
17. The applicant shall comply with the requirements of the Lake Elsinore Unified
School District under the provisions of SB 50, wherein the owner or developer
shall pay school fees or enter into a mitigation agreement prior to the issuance
of a certificate of compliance by the District.
,-.,
18. Prior to issuance of the first building permit, the applicant shall annex into
Community Facilities District 2003-1 and Lighting, Landscaping and
Maintenance District No.1, to offset the annual negative fiscal impacts of the
project on public safety operations and maintenance issues in the City,
including city-wide improvements and facilities relating to fire and police
protection, and to offset the negative fiscal impacts of the project on City
maintained lighting and landscaping.
19. The applicant shall provide connection to public sewer for each lot within the
subdivision. No service laterals shall cross adjacent property lines and shall be
delineated on engineering sewer plans and profiles for submittal to the
EVMWD.
20. The developer 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 until streets are accepted by the City. Said plans shall be approved
by the City and shall be installed in accordance with City Standards.
21. The applicant shall meet all requirements of the providing electric utility
company.
"......
22. The applicant shall meet all requirements of the providing gas utility company.
AGENDA IlEM NO. \ ~.
PAGE \ '5 OF 5
Page Sixteen - City Council Minutes - February 10,2004
"'-'"
23. The applicant shall meet all requirements of the providing telephone utility
company.
24. A bond is required guaranteeing the removal of all trailers used during
construction.
25. All signage shall be subject to Planning Division review and approval prior to
installati on.
26. Landscape Plans for the tract shall include vegetative screening of all retention
basins.
27. 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 sixty feet (60') shall be provided. Interim and permanent
erosion control measures are required. The applicant shall bond 1 00% for
material and labor for one (1) year for erosion control landscaping at the time
the site is rough graded.
PRIOR TO DESIGN REVIEW:
28. All future structural development associated with this map requires separate
Design Review approval.
29. Elevation drawings for Design Review shall include four-sided architectural
features.
30. Slopes on individual lots that are in excess of three feet in height shall be
installed, landscaped and irrigated by the developer.
31. A detailed fencing plan shall be required for review and approval during the
Design Review process.
\ c "'-'"
AGENDA ITEM NO.
PAGE \~ OF~
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Page Seventeen - City Council Minutes - February 10,2004
32. A detailed phasing plan shall be required for review and approval during the
Design Review process. These plans shall include the location of construction
fencing for each phase.
ENGINEERING DIVISION
33. All 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.
34. Developer shall construct the circulation element of the Amended Specific
Plan as shown in the traffic study.
35. Pay all Plan Check fees (LEMC 16.34, Resolution 85-26).
,,-- 36. 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.
37. Construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to final
map approval (LEMC 16.34).
38. Street improvement plans and specifications shall be prepared by a Calif.
Registered Civil Engineer. Improvements shall be designed and constructed to
Riverside County Road Department Standards, latest edition, and City Codes
(LEMC 12.04 and 16.34).
39. 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.
,.-
40. Desirable design grade for local streets should not exceed 9%. The maximum
grade of 15% should only be used because of design constraints.
ACENDA ITEM Nci.~.
PAOE \"1 _Of..LL-
Page Eighteen - City Council Minutes - February 10,2004
......"
41. Design of the cul-de-sac at the end to A Drive and McVicker Canyon Park
Road shall be approved by the Riverside County Fire Dept. prior to final map
approval.
42. F Street shall have a 49-foot right-of-way with a 3-foot parkway on the side of
the street without homes.
43. 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).
44. All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering
Division before final inspection of public works improvements will be
scheduled and approved.
45. The applicant shall install one permanent bench mark to Riverside County ......"
Standards and at a location to be determined by City Engineer.
46. Applicant shall obtain all necessary off-site easements and/or permission to
grade for off-site grading from the adjacent property owners prior to final map
approval and/or grading plan approval, whichever occurs first.
4 7. Applicant shall mitigate any erosion or flooding on Lot #65 which may occur
from brow ditches on offsite slopes, or property owner of Lot #65 must
execute a drainage acceptance document.
48. Provide fire protection facilities as required in writing by Riverside County
Fire.
49. Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
50. Developer shall install blue reflective pavement markers in the street at all fire
hydrant locations.
AGENDA ITEM NO. \ c...,~
PACe \ to OF 5
,....... Page Nineteen - City Council Minutes - February 10,2004
51. Applicant shall submit a traffic control plan showing all traffic control devices
for the tract to be approved prior to final map approval. 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.
52. All 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.
53. All utilities except electrical over 12 kv shall be placed underground, as
approved by the serving utility.
,.......
54. Apply and obtain a grading permit with appropriate security. A grading plan
must signed and stamped by a Calif. Registered Civil Engineer, subject to the
approval of the City Engineer.
55. Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
56. An Alquist-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site.
57. All grading shall be done under the supervision of a geotechnical engineer and
he shall certify all slopes steeper than 2 to 1 for stability and proper erosion
control. All manufactured slopes greater than 30 ft. in height shall be
contoured.
,.......
58. 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.
ACENDA ITEtt' ~.J c--
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Page Twenty - City Council Minutes - February 10,2004
"'-'"
59. 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".
60. All natural drainage traversing site shall be conveyed through the site, or shall
be collected and conveyed by a method approved by the City Engineer.
61. Submit Hydrology and Hydraulic Reports for review and approval by City
Engineer and the Riverside County Flood Control District prior to approval of
final map. Developer shall mitigate any flooding and/or erosion caused by
development of site and diversion of drainage.
62. All drainage facilities in this tract shall be constructed to Riverside County
Flood Control District Standards.
63. 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.
64. Storm drain inlet structures for open space areas shall be provided with a basin
to prevent silt and trash from entering into the storm drain pipe.
65. Roof and yard drains will not be allowed to outlet through cuts in the street
curb. Roof drains should drain to a landscaped area when ever feasible. The
applicant may submit an alternative drainage system plan for any lot for
consideration and approval by the City Engineer.
66. 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 are exceeded, drainage facilities should be installed.
67. Verify that the proposed storm drain is connecting to an existing storm drain
that has the capacity to accept the additional storm water runoff and provide
mitigation if the downstream storm drain does not have the capacity for the
"-'
AGENDA ITEM NO. \ (.,-_~CC--_L~-
PAGE "2-D~
,.-... Page Twenty-One - City Council Minutes - February 10,2004
increased runoff.
68. A drainage acceptance letter will be necessary from the downstream property
owners for outletting the proposed stormwater run-off on private property.
69. Construct an emergency spillway for the catch basin at the cul-de-sac on Street
F.
70. Construct an emergency spillway for detention basins A and B.
71. Show a detail of the concrete brow ditches that drain from the slope to
outletting into the street. From the toe of the slope to the outlet in the street,
the drainage facility should be a pipe underground.
,........
72. The inlet storm drain facility at the end of A Drive shall be owned and
maintained by the BOA.
73. Applicant will be required to install BMP's using the best available technology
to mitigate any urban pollutants from entering the watershed.
74. Applicant shall provide first blush BMP's using the best available technology
that will reduce storm water pollutants from parking areas and driveway aisles.
75. Applicant shall obtain approval from Santa Ana Regional Water Quality
Control Board for their storm water pollution prevention plan including
approval of erosion control for the grading plan prior to issuance of grading
permits. The applicant shall provide a SWPPP for post construction which
describes BMP's that will be implemented for the development and including
maintenance responsibilities.
,.....
76. 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
ACENDA ITEM NO. , c-
PAOE~Of-'2:C
Page Twenty-Two - City Council Minutes - February 10,2004
Drainage Area Management Plan.
77. Intersection site distance shall meet the design criteria of the CAL TRANS
Design Manual (particular attention should be taken for intersections on the
inside of curves). If site distance can be obstructed, a special limited use
easement must be recorded to limit the slope, type of landscaping and wall
placement.
78. Intersecting streets on the inside radius of a curve will only be permitted when
adequate sight distance is verified by a registered civil engineer.
79. Developer shall design and construct a traffic signal at the intersection of
Lincoln St. and Westwind Drive. The traffic signal shall be installed and
operational at the first certificate of occupancy. Said signal shall befunded by
CFD monies and in accordance with the Development Agreement associated
with the La Laguna Estates Specific Plan.
Revised by the Planning Commission, January 20, 2004.
80. Developer shall design and construct a traffic signal at the intersection of
Grand Avenue and McVicker Canyon Park Road. The applicant shall install
the traffic signal and it shall be operating prior to the issuance of the first
certificate of occupancy. Said signal shall be funded by CFD monies and in
accordance with the Development Agreement associated with the La Laguna
Estates Specific Plan.
81. Developer shall design and construct a traffic signal at the intersection of
Grand A venue and Audelo Street. The applicant shall install the traffic signal
and it shall be operating prior to the issuance of the first certificate of
occupancy. Said signal shall be funded by CFD monies and in accordance
with the Development Agreement associated with the La Laguna Estates
Specific Plan.
82. No residential lot shall front and access shall be restricted on McVicker Park
.....,
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AGENDA ITEM NO. 5 i C-
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Page Twenty-Three - City Council Minutes - February 10,2004
Road and so noted on the final map.
83. 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 recordation of final map.
84. Applicant shall provide a homeowner's association with CC & R's for
maintenance of the open space and concrete brow ditches.
85. Developer shall provide an approved open space conservation easement for the
tract's open space with a fuel modification zone for a fire break to be
maintained by a homeowner's association.
86. All open space and slopes except for public parks and schools, outside the
,-.. public right-of-way will be owned and maintained by either a home owner's
association or private property owner. Concrete brow ditches on slopes will be
owned and maintained by a HOA or private property owner.
87. In accordance with the City's Franchise Agreement for waste disposal &
recycling, the applicant shall be required to contract with CR&R Inc. for
removal and disposal of all waste material, debris, vegetation and other
rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
88. The applicant shall post a $5,000.00 performance bond or other acceptable
form of security to address future law enforcement needs that may be caused
by potential project construction violations and the enforcement of the City's
Noise Ordinance and Condition of Approval # 11. The performance bond shall
remain in effect for the term of construction and shall be: (1) acceptable to the
applicant, (2) in a form approved by the City Attorney, and (3) reasonably
addresses additional enforcement requirements that are not feasibly addressed
by the Sheriff s Office.
,.......
AGENDA ITEM NO. l c--
PAGE '2- 3 OF 5~
Page Twenty-Four - City Council Minutes - February 10,2004
....."
COMMUNITY SERVICES DISTRICT
89. The applicant shall provide information on the District's "Project Inventory"
list.
90. Applicant shall pay $156,800 in Park fees.
91. The HOA shall maintain all drainage facilities, culverts, retention areas, trail,
public parkways, slopes, entry monuments and open space.
(End of Conditions)
22. Tentative Parcel Map No. 29996. Mitigated Negative Declaration No. 2003-
04 and Design Review of Industrial Proiect No. I 2003-05-Southwest of
Collier Avenue on Hunco Way within the Collier A venue Business Park.
Mayor Buckley opened the public hearing at 7:56 p.m.
""-"
Community Development Director Brady gave an overview of the item. He
explained the item presented to the Council was a subdivision of 10 acres of
land into eight parcels. The total square footage of buildings being proposed
was 131,770 sq.ft. and the buildings would range in size from 9,270 sq.ft. to
27,000 sq.ft. The design was similar to the existing buildings along Hunco
Way. The Planning Commission did review the item on January 20, 2004 and
recommended approval of the Tentative Parcel Map No. 29996, the Mitigated
Negative Declaration No. 2003-04 and the Design Review to the City Council;
they also approved a conditional use permit for outdoor storage which would
be associated with the outdoor areas of the industrial buildings themselves.
He indicated there was a clarification regarding the staff report; the conditions
indicated there was a storm drain that needed to be installed from Collier
Avenue through Hunco Way, passing through Pasadena and into the Outflow
Channel, and the condition read "The construction of the storm drains shall be
completed prior to the issuance of any certificates of occupancy". The staff
report indicated it had to be completed prior to the start of construction. He
....."
AGENDA ITEM NO. \ K.
PACE2:.::.L: OF
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Page Twenty-Five - City Council Minutes - February 10,2004
commented he wanted to clarify that condition, so the condition reflected the
correct requirement.
Mayor Buckley indicated he was concerned about the back wall with a couple
of loading docks and Mr. Brady explained that would be facing the back of
another building. He inquired if it would be visible from the streets. Mr.
Wakefield advised it would not be visible from the streets.
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE MITIGATED NEGATIVE
DECLARATION NO. 2003-04, BASED ON EXHIBITS AND FINDINGS;
AND SUBJECT TO CONDITIONS OF APPROVAL.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO.
",-.... 29996 BASED ON EXHIBITS AND FINDINGS; AND SUBJECT TO
CONDITIONS OF APPROVAL.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW OF
INDUSTRIAL PROJECT NO. I 2003-05 BASED ON EXHIBITS AND
FINDINGS; AND SUBJECT TO CONDITIONS OF APPROVAL.
FINDINGS
Tentative Parcel Map 29996
1. The proposed subdivision, together with the proVlslons for its design and
improvement, is consistent with the General Plan. The proposed subdivision is
compatible with the objectives, policies, general land uses and programs specified
in the General Plan (Government Code Section 66473.5).
",-....
ACENDA ITEM NO. ) C-
PACE 25 Of '=>L
Page Twenty-Six - City Council Minutes - February 10,2004
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The project as designed assists in achieving the development of a well-balanced and functional mix
of residentia4 commercia4 industria4 open space, recreational and institutional land uses
(GOAL 1.0, und Use Element). Furthermore, industrial land uses are encouraged to add to
the City's economic base. All design and improvement are consistent with the General Plan and
Zoning Ordinance.
2. The effects this project 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 development of an Industrial project can have indirect effects on the housing needs of the
region. Again Staff finds that the affects this project is likelY to have upon the housing needs of
the region will contribute to achieving the development of a well-balanced and functional mix of
residentia4 commercia4 industria4 open space, recreational and institutional land uses.
3. Subject to the attached conditions of approval, the proposed project 1S not
anticipated to result in any significant environmental impact.
Mitigated Negative Declaration No. 2003-04 has been completed and mitigation measures '-""
required. The project has been adequatelY conditioned 1?J all applicable departments and agencies
including all mitigation measures, therefore staff finds that the project will no result in a'!Y
significant environmental impacts.
PLANNING DIVISION
(Note: Fees listed in the Conditions of Approval are the best estimates available at the time of
approvaL The exact fee amounts will be reviewed at the time of buildingpermit issuance and
mqy be raised.)
1. Tentative Parcel Map No. 29996 will expire two (2) years from date of approval
unless within that period of time a final map has been flied 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.
2. Tentative Parcel Map No. 29996 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the
Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions
of Approval.
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AGENDA ITEM NO. ((/ .
PAOe '2Jp Of ~~
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Page Twenty-Seven - City Council Minutes - February 10,2004
3. Approval of this subdivision is subject to the mitigations measures listed within
the Mitigated Negative Declaration No. 2003-04
4. The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Official, Officers, Employees, and Agents from any
claim, action, or proceeding against the City, its Official, 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 Parcel Map No.
29996, which action is bought within the time period provided for in California
Government Code Sections 65009 and/or 66499.37, and Public Resources Code
Section 21167. The City will promptly notify the Applicant of any such claim,
action, or proceeding against the City and will cooperate fully with the defense.
If the City fails to promptly notify the Applicant of any such claim, or
proceeding, the Applicant shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the City.
"..--.
5. The applicant shall sign and return an "Acknowledgment of Conditions" to the
Community Development Department within 30 days of the Tentative Parcel
Map approval.
6. Prior to final map approval of Tentative Parcel Map No. 29996, the
improvements specified herein and recommended approved by the Planning
Commission and approved by the City Council shall be installed, or agreements
for said improvements, shall be submitted to the City for approval by the City
Engineer, and all other stated conditions shall be complied with. All
uncompleted improvements must be bonded for as part of the agreements.
7. All of the improvements shall be designed by developer's Civil Engineer to the
specifications of the City of Lake Elsinore.
,.....
ACENDA ITEM NO. \ C-
PACe 2. I OF S~
Page Twenty-Eight - City Council Minutes - February 10,2004
....."
8. Applicant must meet all requirements of Elsinore Valley Municipal Water
District (EVMWD).
9. The applicant shall pay applicable fees and obtain proper clearance from the
Lake Elsinore Unified School District (LEUSD) prior to issuance of building
permits.
10. Pay all applicable park fees in force at time of issuance of building permits.
11. The applicant shall provide connection to public sewer for each lot within the
subdivision prior to building permit. No service laterals shall cross adjacent
property lines and shall be delineated on engineering sewer plans and profiles for
submittal to the EVMWD.
12. Meet all requirements of the providing electric utility company.
13. Meet ~ll requirements of the providing gas utility company.
....."
14. Meet all requirements of the providing telephone utility company.
15. The applicant shall comply with all requirements of the Riverside County Fire
Department.
16. All trailers, mailboxes and signage used during construction shall be subject to
Planning Division review and approval prior to installation.
17. All development associated with this map requires separate Design Review
approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code.
ENGINEERING
18. All 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.
19. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-
....."
AGENDA ITEM NO. r c
PAGE'29 OF~
~
Page Twenty-Nine - City Council Minutes - February 10,2004
26). The traffic mitigation fee is $0.71 per sq. foot for industrial building area and
the drainage fee is $4,660 per acre.
20. Submit a "Will Serve" letter to the City Engineering Department 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.
21. Construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to final
map approval (LEMC 16.34).
22. Street improvement plans and specifications shall be prepared by a Calif.
Registered Civil Engineer. Improvements shall be designed and constructed to
Riverside County Road Department Standards, latest edition, and City Codes
(LEMC 12.04 and 16.34).
,.......
23. Appli<:ant 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.
24. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans
requirements.
25. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Department for construction of public works improvements
(LEMC 12.08 and Resolution 83-78).
26. All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 Vz" x 11" Mylar) shall be submitted to the Engineering
Department before final inspection of public works improvements will be
scheduled and approved.
27. Applicant shall obtain all necessary off-site easements for off-site grading from
the adjacent property owners prior to final map approval.
,-.. 28. Arrangements for relocation of utility company facilities (power poles, vaults,
ACENDA ITEM NO. I C
PAGE.~ Of-5:C
Page Thirty - City Council Minutes - February 10,2004
~
etc.) out of the roadway or alley shall be the responsibility of the property owner
or his agent. Construction shall be completed prior to issuance of building permit.
Construction shall comply with Title 16 regulations.
29. Provide fire protection facilities as required in writing by Riverside County Fire.
30. Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
31. Developer shall install blue reflective pavement markers in the street at all fIre
hydrant locations.
32. Applicant shall submit a traffIc control plan showing all traffIc control devices
for the tract to be approved prior to [mal map approval. 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.
33. All 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.
"""
34. All utilities except electrical over 12 kv shall be placed underground, as approved
by the serving utility.
35. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Calif.
Registered Civil Engineer and approved prior to grading permit issuance. Prior
to any grading, the applicant shall obtain a grading permit and post appropriate
security.
36. Provide soils, geology and seismic report including street design
recommendations. Provide fInal soils report showing compliance with
recommendations.
37. An Alquis-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site.
AGENDA ITEM NO. \ c.-- '-'
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,- Page Thirty-One - City Council Minutes - February 10,2004
38. 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.
39. 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".
40. All natural drainage traversing site shall be conveyed through the site, or shall be
collected and conveyed by a method approved by the City Engineer.
/""""
41. Submit Hydrology and Hydraulic Reports for review and approval by City
Engineer and the Riverside County Flood Control District prior to approval of
final map. Developer shall mitigate any flooding and/or erosion caused by
development of site and diversion of drainage.
42. All drainage facilities in this tract shall be constructed to Riverside County Flood
Control District Standards.
43. 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.
44. Roof drains shall outlet onto landscaped areas where ever feasible.
45. Applicant shall construct a storm drain from Collier Ave. to Outlet Channel and
be reimbursed from the drainage district any costs that exceed their drainage
fees. Construction shall comply with Title 16 regulations. Constmction of the storm
drain improvements shall be completed prior to issuance of a'!} Certificate of Occupancy.
Added at P fanning Commission January 20, 2004
46. A drainage acceptance letter will be necessary from the downstream property
owners for outletting the proposed stormwater run-off on private property.
,--...
AGENDA ITEM NO. t ~
PAQE~OF
Page Thirty-Two - City Council Minutes - February 10,2004
......"
4 7. Developer shall be subject to all Master Planned Drainage fees and will receive
credit for all Master Planned Drainage facilities constructed.
48. Applicant shall provide the city with proof of his having filed a Notice of Intent
with the Regional Water Quality Control Board for the National Pollutant
Discharge Elimination System (NPDES) program with a storm water pollution
prevention plan prior to issuance of grading permits. The applicant shall provide
a SWPPP for post construction, which describes BMP's that will be
implemented for outdoor storage, and vehicle maintenance. And provide other
education materials on good housekeeping practices that contribute to protection
of stormwater quality and met the goals of the BMP's in Supplement "A" in the
Riverside County NPDES Drainage Area Management Plan.
49. Applicant shall obtain approval from Santa Ana Regional Water Quality Control
Board for their storm water pollution prevention plan including approval of
erosion control for the grading plan prior to issuance of grading permits. The
appliq:tnt shall provide a SWPPP for post construction which describes BMF's
that will be implemented for the development and including maintenance
responsibilities.
......"
50. 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 BMF in Supplement "A" in the Riverside County NPDES
Drainage Area Management Plan.
51. Applicant shall cause to be recorded a CC&R 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 prior to final map approval. The CC&R shall
enforce standards of building maintenance, participation in landscape
maintenance, prohibition of outside vehicle or material storage.
52. Developer shall contribute $22,500 towards the design and construction for a
future traffic signal at the intersection of Collier Ave. and Hunco Way. This
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Page Thirty-Three - City Council Minutes - February 10,2004
development will necessitate the need for a traffic signal at this intersection in the
future and should contribute their fair share.
53. In accordance with the City's Franchise Agreement for waste disposal &
recycling, the applicant shall be required to contract with CR&R Inc. for removal
and disposal of all waste material, debris, vegetation and other rubbish generated
during cleaning, demolition, clear and grubbing or all other phases of
construction.
54. Development shall dedicate and construct full ha!f width street improvements for the project
frontage of Pasadena Street. The improvements shall be designed and constructed to complY
with the general plan circulation ha!fwidth of 45feet from the centerline of Pasadena Street to
the project properry line. Development shall provide for a transition between the frontage
improvements and the existing road width.
~
Added at Planning Commission January 20,2004
INDUSTRIAL PROJECT 2003-05/CUP NO. 2003-09
PLANNING
1. Design Review approval for Industrial Project No. I 2003-05 will lapse and be
void unless building permits are issued within one (1) year of City Council
approval. The Community Development Director may grant an extension of time
of up to one (1) year per extension, prior to the expiration of the initial Design
Review approval. Application for a time extension must be submitted to the City
of Lake Elsinore one (1) month prior to the expiration date.
2. Conditions of Approval shall be reproduced on page one of building plans
submitted to the Building Division for Plan Check. All Conditions of Approval
shall be met prior to the issuance of a Certificate of Occupancy and release of
utilities.
3. All site improvements approved with this request shall be constructed as indicated
on the approved site plan and elevations. Revisions to approved site plans or
~ building elevations shall be subject to the review of the Community Development
AGENDA ITEM NO. \ C-
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Page Thirty-Four - City Council Minutes - February 10,2004
,....,
Director. All plans submitted for Building Division Plan Check shall conform to
the submitted plans as modified by Conditions of Approval, or the Planning
Commission/ City Council through subsequent action.
4. Any revisions to the interior floor plans that could cause the requirement for
additional parking shall be subject to the review and approval of the Community
Development Director or designee.
5. All roof mounted or ground support air conditioning units or other mechanical
equipment incidental to development shall be architecturally screened or shielded
by landscaping so that they are not visible from neighboring property or public
streets. Any material covering the roof equipment shall match the primary wall
color.
6. All exterior on-site lighting shall be shielded and directed on-site so as not to
create glare onto neighboring property and streets or allow illumination above the
horizoQtal plane of the fixture. All light fixtures shall match the architectural style
of the building.
'""'"
7. All loading zones shall be clearly marked with yellow striping and shall comply
with the requirements of the LEMC.
8. Applicant shall meet ADA (Americans with Disabilities Act) requirements.
9. The applicant shall construct a 6 foot decorative masonry wall with pilasters along
the exterior boundary of the project.
10. All storage areas shall be enclosed with a 6 foot masonry wall and 6 foot opaque
gates. If precision block is used, the block shall be painted a color to match the
associated building per the review and approval of the Community Development
Director or designee.
11. Trash enclosures shall be constructed per City standards as approved by the
Community Development Director. A 5' landscaped planter is required on each
side of the trash enclosure.
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Page Thirty-Five - City Council Minutes - February 10,2004
12. No exterior roofladders shall be permitted.
13. Applicant shall use roofing materials with Class "A" fire rating.
14. All exterior downspouts shall be painted to match with building exterior color.
15. The Planning Division shall approve the location of any construction trailers
utilized during construction. All construction trailers shall require a $1,000.00
cash bond, submit a site plan and processed through the Planning Division.
16. Materials and colors depicted on the plans and materials board shall be used
unless modified by the applicant and approved by the Community Development
Director or designee.
17. On-site surface drainage shall not cross sidewalks.
"........
18. Parking stalls shall be double-striped with four-inch (4'') lines two feet (2') apart.
19. All exposed slopes in excess of three feet (3') in height shall have a permanent
irrigation system and erosion control vegetation installed, approved by the
Landscape Architectural Consultant and Planning Division.
PRIOR TO BUILDING/GRADING PERMITS
20. Prior to issuance of any grading permit or building permits, the applicant shall sign
and complete an "Acknowledgement of Conditions" form and shall return the
executed original to the Planning Division for inclusion in the case records.
21. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted,
reviewed and approved by the City's Landscape Architect Consultant and the
Community Development Director or designee, prior to issuance of building
permit. A Landscape Plan Check & Inspection Fee will be charged prior to final
landscape approval based on the Consultant's fee plus forty percent (40%) City
fee.
"........
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Page Thirty-Six - City Council Minutes - February 10,2004
~
a) All planting areas shall have permanent and automatic sprinkler system
with 100% plant and grass coverage using a combination of drip and
conventional irrigation methods.
b) Applicant shall plant street trees, selected from the City's Street Tree
List, a maximum of forty feet (40) apart and at least twenty-four-inch
(24") box in size.
c) All planting areas shall be separated from paved areas with a six-inch
(6") high and six-inch (6") wide concrete curb.
d) Planting within fifteen feet (15') of ingress/egress points shall be no
higher than thirty-six inches (36").
e) Landscape planters shall be planted with an appropriate parking lot
shade tree to provide for 500/0 parking lot shading in fifteen (15) years.
f)
Any transformers and mechanical or electrical equipment shall be
indicated on landscape plan and screened as part of the landscaping
plan.
~
g) The landscape plan shall provide for ground cover, shrubs, and trees and
meet all requirements of the City's adopted Landscape Guidelines.
Special attention to the use of Xeriscape or drought resistant plantings
with combination drip irrigation system to be used to prevent excessive
watering.
h) All landscape improvements shall be bonded 100% for material and
labor for two years from installation sign-off by the City. Release of the
landscaping bond shall be requested by the applicant at the end of the
required two years with approval/acceptance by the Landscape
Consultant and Community Development Director or Designee.
i)
All landscaping and irrigation shall be installed within affected portion
of any phase at the time a Certificate of Occupancy is requested for any
~
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building. All planting areas shall include plantings in the Xeriscape
concept, drought tolerant grasses and plants.
j) Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to include planting and irrigation details.
22. Applicant shall comply with the requirements of the Elsinore Valley Municipal
Water District. Proof shall be presented to the Chief Building Official prior to
issuance of building permits and final approval.
23. Prior to issuance of building permits, applicant shall provide assurance that all
required fees to the Lake Elsinore Unified School District have been paid.
,.--
24. Prior to issuance of building permits, applicant shall provide assurance that all
requirements of the Riverside County Fire Department have been met.
25. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect
at time of building permit issuance.
ENGINEERING DIVISION
26. Industrial project I 2003-05 will be required to meet all applicable conditions of
approval for Parcel Map 29996 at the appropriate development phase.
27. All Public Works applicable requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) at the
appropriate development phase.
28. Roof and yard drains will not be allowed to outlet through cuts in the street curb.
Roof drains should drain to a landscaped area when ever feasible.
SIGN PROGRAM
,......,
29. The Sign Program shall add the following change in text, "All wall signs shall not
exceed one square foot of sign area per one linear foot of building frontage. Any
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other changes to the Sign Program will require review and approval by the
Community Development Director or Designee.
30. The applicant shall apply for a sign permit and pay appropriate fees for any sign
installed at the project site.
*Italics indicates addition to text, strikethrough indicates removal from text.
Mayor Buckley closed the public hearing at 8:00 p.m.
BUSINESS ITEMS
31. July 4th Fireworks.
City Manager Watenpaugh gave an overview of the item and deferred to
Community Services Director Sapp.
'"""'-'
Community Services Director Sapp explained over the past several years the
Lake Elsinore Storm had provided fireworks displays on July 4th primarily
because the scheduler had the Storm at home on this date; however this year
they would be out of town. The Community Services Department along with
Lake & Aquatic Resource Department and Lake Patrol collaborated the idea of
having a fireworks display on the Lake and resurrecting the boat parade of
lights. The fireworks would be shot from the "T" peninsula, which would
provide a better vantage point for residents and tourists. He indicated that Staff
contacted three pyrotechnic providers; San Diego Fireworks; which was
booked for that date, Pyro Spectaculars located in Rialto and Fireworks
America located in Lakeside. Staff requested three different estimates $15,000,
$20,000 and $25,000. Pyro Spectacular provided estimates at $17,000,
$20,000 and $25,000. Fireworks America provided estimates $15,000 and
$20,000. He indicated Staff was proposing a showing at $20,000; the
difference in the proposal was Pyro Spectacular show would be simulcast,
broadcast over KOLA Radio 99.9 and offered free advertisement for the show,
it would be a 20 minute show and would provide 1,136 shells or approximately
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AGENDA ITEM NO. \ L
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one shell per second. Fireworks America did not offer simulcast and would
provide 694 shells or approximately one shell per 1.7 seconds. He noted there
was cost estimated for Staff; which was all of Community Services and Lake
Staff for a 12 hour day would be a little under $10,000. Staff recommendation
was that Council authorize a $10,000 expenditure for the deposit for the
fireworks and staffing be addressed as part of the 2004/2005 Fiscal Year
Budget and request Council to exempt Staff from LEMC Chapter 3.08.070
(formal bidding process), due to the unique nature of the service being
provided. He indicated that there were not a lot of Pyrotechnic companies in
the area.
/'"'
Mayor Pro Tem Kelley commented she was pleased to see that Staff brought
back the boat parade. She felt it was a wonderful location and this was the type
of event that citizens expected from their community. She commented part of
the discussion during the Study Session was to encourage individuals to park at
Diamond Stadium as part of the promotion material.
Councilman Hickman commented that it was an excellent idea and wanted to
inform boaters that when they bring their boats in and put lights on their boats
they could be included in the boat parade.
Councilman Magee commented he was concerned about the amount of money
being requested; however the funds spent would be offset by the economic gain
that the community could gamer from this type of event, he felt it would bring
more commerce into the valley and that was the benefit. He thought it was
great to bring focus back to the Lake. He stressed adding into the
recommendation that Staff worked particularly close with our local merchants,
specifically the boat oriented community and the campground community. He
commented that he had spent a great deal of time with Mr. Pete Dawson and
had the opportunity in the past to be a passenger on his boat during the past
boat parades and felt it was an excellent opportunity to show community pride.
,-...
Councilman Schiffner commented that the majority of the perimeter of the
Lake was private property and moved to approve the event.
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MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE TO APPROVE STAFF RECOMMENDATIONS
FOR THE JULY 4TH EVENT, AND EXEMPT STAFF FROM THE
FORMAL BIDDING PROCESS AND AUTHORIZE THE CITY TO ENTER
INTO A CONTRACT WITH PYRO SPECTACULARS.
32. Consideration of State Proposition 57 and Proposition 58.
Mayor Buckley indicated that he had asked City Manager Watenpaugh to
have this item on the agenda for the City Council to approve a letter of
support for Propositions 57 and 58.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE LETTER AS WRITTEN.
34. Resolution of Support for EVMWD's LEAPS Proiect.
~
Councilman Schiffner moved to have the item continued.
Mayor Buckley explained that discussion from the Study Session revealed
that EVMWD in some capacity contacted the City and asked that the item be
pulled. He commented that he would allow residents to speak on the issue.
Lee Roberts, 17431 Custer, objected to the proposed hydroelectric plant. She
noted the preferred location was near Butterfield Elementary School. She
urged Council to research the item further.
JoAnn McCracken, 33040 Dowman Street, commented that she was a
Lakeland Village resident and any project affecting their side of the Lake
should be presented to those residents for their input.
Barbara Dye, 33127 Dowman Street, indicated that recently the City voted on
the habitat plan and the Cleveland National Forest made the list for 1 of the
top 10 threaten wildlife areas for the second year. She suggested the Council
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AGENDA ITEM NO. 'c.-
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become aware of the major impact this project would have in the community
of Lake land Village and Butterfield Elementary School.
Mike Palmer, 33281 Ortega Highway, indicated he was involved in this
project since 1996; back when his son was a senior in high school, they spoke
with Boardmembers that were pushing for this project. They decided to go
along with the project and applied $1 million towards the project. He noted
safety was big issue.
"""
Chris Hyland, 15191 Wavecrest, commented that she served on the LEAPS
Committee in the past and strongly recommended that the City studied this
project carefully. She believed the power lines would be close to homes and
to the elementary school in that area. She indicated that she was against
power lines in the National Forest; and noted that she had 25 acres bum next
to the National Forest on her property in Arizona because of power lines. She
also commented that Mr. Alongi asked her to inform Council that he was also
against this project. She noted the EVMWD to date had spent $1,397,552 to
pay consultants and for trips to Washington D.C.
Councilman Schiffner commented that he had requested to table the item
because the Water District had asked for the opportunity to make a
presentation which they were not able to do at this Council Meeting. The
reason it was on the Agenda was that it had come before LESJW A and they
passed a resolution supporting this project; and being that he represented the
City of Lake Elsinore on that committee, he felt it was not proper to
recommend without the vote of the City Council.
Councilman Magee requested that when the item came back before Council
with the presentation from the Water District, that City Staff notified the
Supervisor's Office and the Congressman's Office to obtain a written
statement or attend a Council Meeting regarding the issue. He commented
there was a noticed business item on the Agenda and he did not hear anyone
speak in favor of the item.
,-...
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Mayor Buckley commented that there was potential good from the City's
financial point of view and potential bad from a good neighbor point of view.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO TABLE THE ITEM.
34. Annual Financial Reports for Fiscal Year Ended June 30. 2003.
City Manager Watenpaugh gave an overview of the item. He noted there
would be a Study Session on March 4, 2004 on Bond Debt. He deferred to
Administrative Services Director Pressey.
Administrative Services Director Pressey gave a brief overview of what was
before Council. He commented that Finance Manager Kim Magee did an
outstanding job of coordinating the audit schedule and the whole audit '
process; and did an excellent job at closing the books while assisting and
preparing the annual budget at the same time. He introduced Mr. Rich
Teaman the auditor contracted by Staff. He noted there was a new accounting
and reporting called the Government Accounting Standard Boards Statement
(GASBY 34) that had come out. He noted it changed the way the City
reported the CAFR. He commented that GASBY 34 provided a consolidated
look at the City and gave an indication of the financial condition of the City
and how the City improved or how the financial condition deteriorated from
one year to the next. The statement provided a long term perspective of the
City; and the old reporting model gave a current perspective and focus. The
purpose it served was to account for the financial flows of the City through
the City during the year; which was needed for budget compliance. The legal
level of budgetary control existed under the old method. The new reporting
model looked beyond the current focus and in the new CAFR both were
presented the new model required the City's infrastructure be reported in the
financial statements; where before it was buildings, improvements,
equipments and other fixed assets, it now included all of the City's
infrastructure. In 2001/2002 the City contracted with a consultant to do an
inventory of all infrastructure, the process included placing value,
determining its' useful and then depreciating it. As the years progress those
.....,
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Page Forty - Three - City Council Minutes - February 10, 2004
assets are depreciating in value and represent a certain level of deterioration;
and if the City was not applying new money to rehab those assets, slowly the
financial condition in the reporting model would deteriorate. He felt as
though GASBY 34 was a healthy improvement in the reporting. The City
ended the year with approximately $2.5 million of revenue greater than
expenditures and was able to put a $1 million of that in the reserves and go
forward into this fiscal year in a good position.
",..-
Administrative Services Director Pressey explained the Redevelopment
Agency budgeting. He noted there were three project areas in the low/
moderate housing fund. Project area one was on the road to becoming
healthy, the property tax went up about $700,000 during the year and there
was a $2 million deficit fund balance, but the future outlook was good.
Project area two was very healthy and would continue to be healthy. Project
area three was still struggling and there was some development in the
planning stages; and when the development came forward it would increase
the property value in the area.
Administrative Services Director Pressey commented on the PF A and the
Recreation Authority. The PFA was there to purchase public infrastructure
and all debt service payments were made, all the reserve requirements were
met and operating as planned. There was one major bond issue with the
Recreation Authority and the City had made all the payments, it was a
variable rate bond, the variable rate at that time was under 1 %. The average
rate for the year was 1.19%.
Administrative Services Director Pressey commented that the last two
reports, briefly the Agreed-upon Procedures was nothing to speak of, there
was no exceptions noted from their audit and the Management Letter was a
house cleaning item Staff had plan to implement. He deferred to Richard
Teaman ofTRS Certified Public Accountants.
~.
Mr. Teaman commended City Staff on their professionalism. He commented
it was a challenge with the implementation of GASBY 34. He explained it
was a requirement to implement GASBY 34 this year, and noted the
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.......,
financial statement from the year before looked dramatically different than
this year's statement. He commented that the City, as in the past had
submitted its financial statements of the City (CAFR) to the California
Society of Municipal Finance Officers for what was considered to be an
award program for CAFR presentation. He explained that by law they were
required to perform a financial audit, in doing so their objective was to state
an opinion that those financial statements were fairly presented. He
indicated that through this process they were able to come up with an
unqualified opinion for all four entities, which was the highest level of
opinion that could be issued. They were able to accomplish this through
testing, substantiating certain balances, and testing other balances.
City Treasurer Weber recited a statement on the report that read: Weare not
engaged and did not perform an audit. He inquired what that statement
meant.
Mr. Teaman explained that particular document City Treasurer Weber was .......,
referring to was an Agreed-upon Procedures report relating to the
appropriation limits, under the State Constitution each year as a result of
Proposition 13, and Proposition Ill, you are required to issue an
appropriations limit, that limited how much of your appropriation of taxes
could be used each year. As part of the audit under the State Constitution,
auditors had to issue a report in relation to that appropriation limit and that
particular type of report was not an audit it was an Agreed-upon procedure,
the remaining documents in the package were full audits.
City Treasurer Weber indicated that the auditor was confusing him. He
inquired where an individual would find statements on a CFD.
Mr. Teaman eXplained that essentially they did not issue a financial
statement on CFD's, they issued financial statements on each legal entity
within the City that included: City, Redevelopment Agency, Public Finance
Authority and Recreation Authority. The document City Treasurer Weber
was relating to was a very specific aspect of the City, just the appropriations
.......,
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limit of the City, and the auditor had to perform certain procedures on that
document and issue a report.
City Treasurer Weber indicated that he did not want to get into bond issues
at this time and thanked City Manager Watenpaugh for scheduling the March
4th Study Session. However he did inquire about the health of the RDA as
far as bonds and bond payments.
Administrative Service Director Pressey explained that with the RDA, all
debt service payments were made during the year. He noted on page 73 of
250 it described all of the long term debt of the City meaning all of the
components of the City combined.
,--..
City Treasurer Weber indicated that on page 24 of250 on the bottom of the
page read: We issued a report dated December. He inquired if this was the
supplement, because last year there was a supplemental report.
Mr. Teaman explained that under government auditing standards there was a
report that related to internal controls and as part of the audit report it referred
to that and was tied in also with what was called a single audit. This type of
audit was on federal assistance and had not been completed at this point. City
Treasurer Weber inquired on the status of that particular audit. Mr. Teaman
indicated it was good so far.
City Treasurer Weber inquired if there were other audits that were more
detailed. He commented it sounded as though Mr. Teaman was getting most
of his information from the City Manager.
,.-
Mr. Teaman indicated that was not correct, as the best source for audit
information was from outside sources. He commented that when talking
about cash and being Mr. Weber was the City Treasurer, he assumed Mr.
Weber was mostly talking about cash, to keep in mind there was a lot more in
the report than just cash, but in relation to cash all of your cash was
confirmed with each bank, the balance they are holding as of June 30th. This
AGENDA ITEM NO.
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report was June 30, 2003; those balances are confirmed by the institution
holding the securities.
Councilman Magee indicated that he read every page and referred to page 16
of 250, under revenue sources fines and forfeitures there was an increase of
over 790/0 and inquired if that was a one time thing or was it a direct result of
some special program. Administrative Services Director advised that he did
not know off hand what that increase was exactly. City Manager
Watenpaugh indicated it was possibly a combination of Code Enforcement,
street sweeping citations and the Lake.
Councilman Magee indicated that under expenditures, general government
decreased by 17% which seemed fairly significant and asked Mr. Pressey to
elaborate.
Mr. Pressey explained it was combination of a number of things, specific to
whiCh department he did not recall. City Manager Watenpaugh indicated ......,
Staff would research and report back to Councilman Magee. Councilman
Magee inquired about the 124% in Community Services. City Manager
Watenpaugh explained a part of that was that the Lake was rolled into
Community Services.
Councilman Magee read verbatim from page 26 pf250 - City of Lake
Elsinore total debt had a net decrease of $19,909,724, a decrease of 10.00/0
during the current fiscal year. He noted that was significant.
Councilman Magee commented on the RDA financial report page 163 of250,
under liabilities there were advances from other governments. He asked Mr.
Pressey to explain the total $9 million plus. Mr. Pressey explained that was
an advance from the City's general fund. Councilman Magee commented on
page 187 of250 there was loan payable to the County of Riverside over
$500,000; he inquired if those were the funds RCTC advanced the RDA.
City Manager Watenpaugh explained that those funds came from the County
and are a debt to pay back. Mr. Pressey commented there was a separate
RCTC figure for about the same amount.
......,
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Councilman Magee commented on the PF A page 211 of 250, total net assets,
noting there was a negative number and inquired if he should be concerned
about that number. Mr. Pressey explained this was the long term perspective
and anything with a negative number was a flag. The PF A was operating in a
positive condition the revenues received were making debt services. He
noted the changes in net assets were $5.2 and if that continued at that rate the
ending amount would change next year into the positive.
Councilman Magee commented on the Recreation Authority document page
240 of250, total net assets were in the negative $15.5 million and inquired if
that was debt transferred from the Stadium. Mr. Pressey confirmed it was the
debt from the Stadium.
/""
Councilman Magee requested elaboration on the Capital Outlay Section under
Staff recommendation on page 6 of 250. Mr. Pressey explained it was the
auditors recommendation, that the City had a separate account setup to track
only capital outlay, expenditures that got capitalized and added as a fixed
asset for the City.
Councilman Hickman commented the City was on the right track going back
to where the City should be. He was concerned that the City had few
problems, but was working its way out. He suggested forecasting out 5 years.
Mayor Pro Tern Kelley commented that there was over a $6 million loan that
was forgiven from the State Water Resources Control Board from the
agreement she and Councilman Schiffner hammered out with EVMWD.
Mayor Buckley commented that part of $94 million in assets included the
Stadium, which was valued at about $14 million. Mr. Pressey confirmed.
Mayor Buckley reiterated that the RDA owed $9 million to the City and $3
million to itself. Mr. Pressey confirmed.
".....
Mayor Buckley addressed the bonds the PF A was repaying, noting the cost of
those bonds was going to go up and inquired on making those payments in
the future. Mr. Pressey explained the PFA was a conduit the RDA was
AGENDA ITEM NO. I c.--
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making payments at a higher rate than what the PF A paid, so the PF A should
be solvent at all times in theory. The structure of the PF A debt was such that
there was a match.
MOVED BY KELLEY, SECONDED BY MAGEE AND CARRIED BY
UNANIMOUS VOTE TO RECEIVE AND FILE THE ANNUAL
FINANCIAL REPORTS FOR FISCAL YEAR ENDED JUNE 30, 2003.
35. General Plan Update.
City Manager Watenpaugh gave an overview of the item. He noted Staffhad
presented Council an outline of how to potentially proceed with the General
Plan Updates. He deferred to Community Development Director Brady.
Community Development Brady indicated the items before Council were
general background information regarding the General Plan. He noted each
City and County jurisdiction in the State of California was required by law to '-'"
have a General Plan. The City did have a General Plan and the last time the
General Plan was comprehensively updated was in 1990, the Housing Element
was updated in 2002 the Circulation Element was updated 1995. The housing
element was the only element of the General Plan that was required to be
updated on a regular basis which would be due again in 2007. He indicated by
law there were seven required elements that had to be included in the General
Plan; Land Use Element, Circulation Element, Housing Element, Conservation
Element, Open Space Element, Noise Element and Safety Element. The time
frame to update a General Plan was between 18 months and 2 years, and to do
a comprehensive overview including the environmental documentation and the
seven mandated elements along with possibly additional elements the City
might want to require; such as a Tourist Economic Development or maybe a
Lake Management Element. The cost was about $850,000 to $1 million to do
a comprehensive update of the General Plan. The Council might also want to
review the City's zoning regulations. The General Plan could be amended
each year and could be changed to address various changes in the community.
He noted that since 1990 the population has more than doubled.
~
ACENDA ITEM NO. l C/
PAOE...:ta=OF 5Lt
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Page Forty-Nine - City Council Minutes - February 1 0, 2004
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Councilman Magee indicated that the original process for the 1990 General
Plan began in 1986 with the selection of the first consultant. He noted this
process needed strong staff, Council, Planning Commission and a strong
General Plan Advisory Committee. He noted the element of Historic
Preservation was one area that Lake Elsinore clearly had Murrieta and
Temecula beat, with over 100 years of incorporated history; and he would like
to see that as part of one of the elements that would be modified in the General
Plan. He complimented Community Development Director Brady and his
Staff on the draft "Request for Proposals". He suggested some revisions to
Item 5.0, the language needed to be strengthen to indicate the special
sensitivity the V alley has to its' immediate neighbors. Under Item 5c he
suggested adding a line item that provided for periodic budget reviews as the
consultant reached certain task thresholds; this would allow the City to keep
the project on time and on budget. Under Item C4 there should be something
included to provide for change orders and have those change orders come
before Council before money was expended. He hoped to move through the
schedule with a slight modification of the suggested revisions and have it
executed by May, 2004 or June, 2004.
Community Development Director Brady indicated that Housing Clerk Lisa
Alexen played a major part in compiling and putting this draft together.
Councilman Schiffner commented that Councilman Magee had made some
worthwhile additional request and he agreed with those requests.
Mayor Pro Tern Kelley commented that with the adoption of the MSHCP,
Council needed to go back and look at the General Plan and the transportation
element with the growth coming to the area.
Councilman Hickman inquired if this was allocated in the budget for next
year.
"......
AGENDA ITEM NO. ~
PAoe.:tL,OF
Page Fifty - City Council Minutes - February 10,2004
...."
Administrative Services Director Pressey commented that it was not in the
budget for next year.
City Manager W atenpaugh explained the intent was to bring it forward for
Council to allocate a portion of the funds in this fiscal year and a portion next
fiscal year.
Councilman Hickman inquired if there were particular elements that should be
handled first.
Community Development Director Brady explained the most important
element that drove a lot of this was the Land Use Element.
Mayor Buckley indicated this had been overdue. He noted there should be a
sentence included that would remove the scream factor out of potential
annexation on a Lake Elsinore document. He suggested adding a sentence to
stress to consultants the importance of public participation.
...."
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO MAKE THE REVISIONS SUGGESTED BY
COUNCIL AND BRING THE PROPOSAL BACK TO COUNCIL ON THE
CONSENT CALENDAR.
Public Comments - Non-Agendized Items - 3 minutes
Tim Fleming, 17970 Lakeshore Drive, thanked the new Council majority for
finally directing City Staff to address the annoying issue of Lake front
property. He indicated as owners received letters to clean up their property
there was a brief moment of hope as some began to clean up years of stored
trash and motor homes and vehicles that had been stored on the properties for
years. He further indicated that within the past two weeks what was removed
was now back on their property and he hoped the enforcement of these
violations would have some "teeth"; and questioned if the citation carried a
low fine, what was to prevent the owner from paying the fine and keeping the
AGENDA ITEM NO. , c-
PAGE5"O OF ~
...."
,,-....
Page Fifty-One - City Council Minutes - February 10, 2004
vehicles or motorhomes stored on their property. Mr. Fleming indicated when
he ran for City Council he signed a Code of Fair Campaign Practices. In the
Lake Elsinore packet binders section 7 it was clear of the size of the signs and
the time limits to have a sign removed, on August 6, 2003, Councilman
Schiffner's signed the same agreement as other candidates. He inquired how
Councilman Schiffner had signage larger than allowed and how was it that his
billboard was still up.
Edith Stafford passed on public comment.
,,-....
Ron LaPere, 16867 Wells Street, indicated as the Chairman of the Planning
Commission that he applauded the action of the City Council for bringing the
General Plan up to speed. He noted several months back at a Planning
Commission Meeting he raised a question regarding the General Plan. He
thanked Mayor Buckley and Councilman Magee for visiting their Planning
Commission Meeting and observing.
Chris Hyland, 15191 Wavecrest, commented that the area between Rivetside
Drive and Chaney on Lakeshore Drive was becoming violently dangerous.
She noted there was only one sign indicating the speed limit and no passing
SIgns.
Tom Solak, 33609 View Point Drive, indicated he was proposing to the City
to have a manufacturing facility to distribute auto repair equipment to all auto
repair facilities in Southern California. There was a 10 acre parcel zoned M-l
located at Collier Avenue and Riverside Drive available for lease and the
adjacent 6 acres was available for sale. He noted his intentions were to bring
400 to 500 employees to Lake Elsinore. He commented he would like to
request the Planning Commission requirements on those parcels.
Mayor Buckley inquired if he spoken with Assistant City Manager Best
regarding his plans. He confirmed he had spoken with Assistant City
Manager Best.
,,-....'
AGENDA ITEM NO. \ ~
PACE t:;' , OF ...:Ll-
Page Fifty-Two - City Council Minutes - February 10,2004
"""'"
CITY MANAGER COMMENTS
No comments.
CITY ATTORNEY COMMENTS
City Attorney Leibold indicated that the City Council had three items of
Closed Session. Two circumstances of anticipated litigation identified as
Item A on the Agenda and Item B Public Employment Evaluation - City
Manager. Those items were discussed and there was no reportable action.
COUNCILMEMBER COMMENTS
Mayor Pro Tern Kelley congratulated the Chamber award winners and gave
her condolences to Connie Whittaker's family.
Councilman Hickman gave his condolences to the Whittaker family and """'"
Brewster family. He indicated he took a trip to Martha's Kitchen and
received an education. He noted they had 120 beds, 8 for women, 8 for men
and the 1 04 for families. He thanked the City for the money donated to
purchase cameras for student; and noted there were 150 cameras purchased
and cameras were given to the kids to go out and take pictures of what they
thought was right with Lake Elsinore. He complimented all the ladies that
were at the Chamber Dinner.
Councilman Schiffner apologized for not being able to attend the Chamber
Dinner due to being under the weather.
Councilman Magee reminded everyone of the EDC Luncheon, Thursday,
February 12,2004 at 11 :30 a.m. and the program would feature a candidate
forum for County Supervisor. He commented that he had installed a new
phone line that was listed in the phone book and the number was (909) 678-
4515 he encouraged all citizens to call him anytime. He also encouraged
individuals that were interested in serving on the Public Safety Commission
to contact City Hall or contact one of the Councilmembers. He commented
'-'
AGENDAITEMND. \ ~_
PAGE '52- Of
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Page Fifty-Three - City Council Minutes - February 10,2004
that earlier there were two development projects going through the
development process and they went through in different ways. He noted the
type of project had nothing to do with it, but the applicant had everything to
do with it. He noted both companies had been before the Council before and
both companies had a track record, one not so good. The message was that
the City and City Staff needed to be taken seriously, he noted the appreciation
of the development in the community, but with that come responsibility to
respect the citizens and the Staff of this town; and to come in and disregard
our conditions, laws and ordinances until the night before a public hearing
was offensive. He commented on Code Enforcement in regard to Mr.
Fleming's comments, and explained the initial letter generated activity people
rushing trying to comply and then there would be a protracted malaise. He
noted that he had been assured by Staff they would remain diligent and had a
schedule and program, and reassured Mr. Fleming if he was patient he
believed there would be results that would please Mr. Fleming.
~
Mayor Buckley announced the Friends of the Library Annual Book Sale,
Saturday at the Library. He reminded everyone Thursday, February 12,2004,
5 :00 p.m. there would be a Study Session on Railroad Canyon Interchange
and Thursday, February 19,2004 at 6:00 p.m. there would be a Study Session
on the Country Club Heights Overlay District.
ADJOURNMENT
MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 10:10 P.M.
THOMAS BUCKLEY, MAYOR
CITY OF LAKE ELSINORE
r'
AGENDA ITEM NO. \k
PAGES 3 Of
Page Fifty-Four - City Council Minutes - February 10,2004
~
Respectfully submitted,
Frederick Ray, Deputy City Clerk
ATTEST:
VICKI KASAD, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
~
.....",
AGENDA ITEM NO. ) c
PAGE9i OF~
,.......
MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MARCH 9, 2004
*************************************************************
CALL TO ORDER
Mayor Buckley called the Joint Study Session to order at 4:00 p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
,.......
ABSENT:
COUNCILMEMBERS: NONE
Also present were: City Manager Watenpaugh, Assistant City Manager
Best, City Attorney Leibold, Administrative Services Director Pressey,
Community Development Director Brady, Community Services Director
Sapp, Lake & Aquatic Resources Director Kilroy, Information/
Communications Manager Dennis, Public Works Manager Payne and
Deputy City Clerk Ray.
DISCUSSION ITEMS
City Attorney Leibold indicated there were two items for closed session.
1. Real Property Negotiations with properties involved in the Wasson Canyon
Investments Agreement; participating parties were Wasson Canyon
Investments, Southshore, and City of Lake Elsinore.
2. Anticipated litigation under section 54956.9 (1 case).
,.......
\.a.
AGENDA 'TEM NO. \ ~
PAGEl OF_ -
PAGE TWO-STUDY SESSION-MARCH 9, 2004
"""
Consent Calendar
1. Minutes - Councilman Magee commented on Item 1 d page 4 of 16 that
Donna Lucas indicated she had a petition that had been signed by 80% of the
merchants, noting they had a different vision for the downtown district. He
inquired about the whereabouts of that petition.
City Manager Watenpaugh commented that the petition had not been
presented to the City Manager's Office and asked Deputy City Clerk Ray if
it had been presented to the City Clerk's Office.
Deputy City Clerk Ray commented he would follow up with the City Clerk.
Councilman Magee noted that the minutes stated clearly she indicated she
had a petition and he did not remember her saying those words exactly. So
he marveled if the minutes were recorded correctly or if she had misspoken,
but if there was a petition it needed to be given to the Council.
"""
Councilman Schiffuer agreed with Councilman Magee that if there was a
petition it needed to be presented to Council.
City Manager Watenpaugh commented that Staff would review the audio
tape of the minutes and if there was a petition, staff would request it from
Mrs. Lucas.
2. Warrant List - Councilman Hickman requested clarification for various
checks issued from Item No.2, the Warrant List. Staff clarified the checks
in question.
Councilman Magee requested clarification on check #76814 issued from
Item No.2, the Warrant List. Staff clarified the check in question. He also
inquired about a settlement with Mr. Molendyk (former City Manager),
noting that he had not seen that check.
City Manager Watenpaugh commented that the check had been issued to the
"""
J\~.
AGENDA ITEM NO.
PAGE D- OF.l1--
~
PAGE THREE-STUDY SESSION-MARCH 9, 2004
City and Staff had provided copies for individuals that had requested copies
of the check.
Councilman Magee informed Staff that he would like a copy of that check.
City Manager Watenpaugh indicated a copy would be provided to
Councilman Magee.
Mayor Buckley requested clarification on check #76803 issued from Item
No.2, the Warrant List. Staff clarified the check in question.
3. Investment Report-January, 2004 - No comments.
4. Resolution No. 2004-15 - Supporting the United States Troops &
Commander- in-Chief.
/"'.
No comments.
5. Deposit & Reimbursement Agreement between the City and Laing-CP Lake
Elsinore, LLC.
No comments.
6. Bid Award for Motor Control Centers - Brewster Electric - $65,292.
Mayor Buckley asked if the price was in the ball park of what Staff had
wanted.
Lake & Aquatic Resources Director Kilroy confirmed it was in range.
Councilman Hickman inquired regarding the budget for the Lake Project.
~
Lake & Aquatic Resources Director Kilroy indicated the total budget was
$1.2 million for reimbursement and the City had accumulated $850,000, in
expenses.
AQENOA ITEM NO. _\ .-<\,. _
"PAGE .3> OF..LL
PAGE FOUR-STUDY SESSION-MARCH 9, 2004
.....,
Councilman Magee inquired on an estimated time of deliver for this item.
Lake & Aquatic Resources Director Kilroy explained that the axial flow
pump module frames would probably be completed by March 19,2004, after
the frames were completed they would need to conduct a test of the floats,
the decking, and the gear box pump; which should be available by mid
April. The submarine power cables will be delivered in mid-April. He
indicated there may be a delay due to the shop drawing which was not
exactly correct on the docking stations, so two weeks were lost on that issue,
and the estimated operation time was the end of June 2004.
7. Service Agreement for Pest Control of City Facilities - Robbins Pest
Management $2,640/year.
City Manager Watenpaugh inquired if Morton Pest Control would be
attending the 7 :00 p.m. Council Meeting.
Public Works Manager Payne indicated he was not sure, but Mr. Morton
indicated to him last week that he would probably contest the low bid and he
would be attending the meeting. The reason for challenge was based on his
interpretation of the specifications as outlined in the staff report, page 7 of
15 (scope of work) Item 1. Mr. Payne commented that Morton Pest Control
bid using a truck mounted gas sprayer. He indicated he met with the low
bidder and walked the stadium, who guaranteed him he could do it for the
price he bid. He would be using power spray backpack units to spray the
stadium. Staff recommendation was to award the bid to Robbins Pest
Control.
.....,
8. 2003/2004 Equipment Replacement Program- Tractors-Cook Equipment-
$3,251.50 monthly lease.
City Manager Watenpaugh deferred to Public Works Manager Payne.
Public Works Manager Payne explained the equipment was for the weed
abatement program. He noted there was a bid opening and three companies
AGENDA ITEM NO. \ .~.
PAGE~OFR.
......"
,,-...,
PAGE FIVE-STUDY SESSION-MARCH 9, 2004
submitted bid packages (Johnson Machinery, Cook Equipment, and
Powerland Equipment). He noted Johnson Machinery had the lowest bid,
but did not meet the specifications. Cook Equipment had the second lowest
bid and they did not request any exceptions to the bid. Powerland
Equipment had the third lowest bid and was requesting that Cook Equipment
be disqualified based on them not meeting the bid specifications. They had
four issues which Staff reviewed and felt the issues were not significant
enough to disqualify the bid.
Councilman Magee complimented Public Works Manager Payne on his
thoroughness in reviewing this bid award. He noted he was comfortable
with accepting Staffs recommendation. He inquired on the deliver time for
the tractors.
,,-...,
Public Works Manager Payne indicated the maximum deliver time was three
months, but he was informed by all three bidders, that if they could locate a
tractor at another dealership, the deliver time would be sooner.
Mayor Pro Tern Kelley asked Public Works Manager Payne to explain the
disagreement Powerland Equipment had regarding the specifications.
Public Works Manager Payne indicated the four issues Powerland had were
the gear range of the tractor, hydraulic system, mower, and the weight of the
mower. He confirmed that these issues were insignificant.
Councilman Schiffuer asked if Powerland Equipment met the specifications.
Public Works Manager Payne confirmed they met the specifications.
Councilman Schiffuer indicated that it seemed as though Powerland might
have some legal grounds.
r-.
City Manager Watenpaugh indicated that if Council was more comfortable
with going with a higher price that was a decision for the Council, however
Staff s recommendation was the middle bid that would meet all of the
requirements at a lower cost and would be much more effective and efficient
1 ck.
AGENDA ITEM NO. -- . / U
.... PAGE~OF...l-L-
PAGE SIX-STUDY SESSION-MARCH 9, 2004
""""
then just spending the extra dollars; as there were no significant difference in
terms of the performance. He also indicated that he spoke with Assistant
City Attorney Mann and Community Services Director Sapp and they were
comfortable with accepting the middle bid.
City Attorney Leibold explained that the standard was whether or not the
discrepancies were material or nonmaterial. Material variation from the
specification would disqualify the bid. Nonmaterial or insignificant
variations would not. It was Staff s opinion that the differences Powerland
pinpointed were nonmaterial to the performance requested.
Councilman Schiffner expressed his concern that Powerland would respond;
and if they had bid equipment at the lower ratios, they could have bid lower.
City Attorney Leibold noted there was a small variation between the prices.
""""
City Manager W atenpaugh noted that the bid specifications stipulated if
there were any questions to contact the Public Works Department.
9. Bid Award - Asphalt Maintenance - Hardy & Harper - $72,000.
Mayor Buckley inquired if Hardy & Harper had ever done any paving for
the City in the past or if any of the other bidders had done so in the past.
Public Works Manager Payne indicated that Hardy & Harper had not done
any work for the City in the past, but indicated that Nelson Paving &
Grading had the City's last contract and for the past two years had been
performing the pavement maintenance.
City Manager Watenpaugh confirmed with Public Works Manager Payne
that all of the bid packages were semi-overseen by finance through the new
purchasing process and reviewed by the City Attorney.
Public Works Manager Payne confirmed that was correct.
AGENDA ITEM tJO. \ \ ck.
PAGE {p OF , Y
""""
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PAGE SEVEN-STUDY SESSION-MARCH 9, 2004
Councilman Hickman requested clarification that they would be on call for
the City.
Public Works Manager Payne confirmed that was correct. He explained it
was on a work order basis for maintenance activities. He noted that the
contract was a one year contract with the option to rebid after one year.
10. Bid A ward - Contract for Curb, Gutter & Sidewalk Maintenance - NPG
Corporation - $6,750.
No comments.
11. Bid Award - Contract for Unpaved Road Maintenance - Hardy & Harper -
$5,920.
r-
Councilman Hickman inquired if unpaved roads were the processed by
grading them.
Public Works Manager Payne confirmed that was correct.
PUBLIC HEARING
21. Tentative Tract Map 32008 - Lakeshore Village Specific Plan - Corman
Leigh Communities.
No Comments.
22. Tentative Parcel Map No. 31963, "Pasadena Business Park II" - Triple J
Development.
Mayor Pro Tern Kelley inquired on the leases within the business park.
City Manager Watenpaugh indicated that most of the spaces were leased
prior to them finishing each section.
/""
23. General Plan Amendment No. 2003-03, Zone Change No. 1003-02,
AGENDA ITEM NO. _\ \ ~.
". PAGE~OF t ~
PAGE EIGHT-STUDY SESSION-MARCH 9, 2004
......"
Tentative Condominium Map No. 31532, Residential Design Review No. R
2003-15 and Mitigated Negative Declaration No. 2004-01 for the "Lake
Elsinore City Center Townhomes" Phase II - Resolution No. 2004-16 &
Ordinance No. 1117.
City Attorney Leibold indicated there had been ongoing discussion with the
developer and their attorneys and there were a couple of outstanding issues
with respect to the conditions; staff and the developer both requested a
continuance to the next regularly scheduled meeting.
Business Items
31. Second Reading-Ordinance No. 1115 - CFD 2003-1 Annexations 5 and 6.
No comments.
32. Request from Volunteer Fire Department - Thermal Imaging Camera.
~
No comments.
33. Public Safety Advisory Commission - Ordinance No. 1116.
Bill Titto, indicated that he had read the ordinance and wanted to inquire
on the Police, Fire, and Code Enforcement. He questioned if the Code
Enforcement would be the Police Department and/or Code Enforcement.
He indicated that Lake Elsinore's Code Enforcement was different than
other cities.
City Manager Watenpaugh explained that the Mayor and Council had
requested during the Public Safety Study Session that Staff include Public
Safety, Police, and Fire as well as City Code Enforcement in terms of
recommendations.
Mr. Titto asked who would be taking care of traffic.
....."
AGENDA ITEM NO. \ l "".
PAGE <i( OF-L:l.-
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PAGE NINE-STUDY SESSION-MARCH 9, 2004
City Manager Watenpaugh explained the traffic would be through the
Police Department and parking would be through Code Enforcement.
Mr. Titto indicated there were problems with speed control on Machado
Street. He noted that it was low priority for the Police Department. He
further indicated from Lincoln Street to Grand Avenue there were no stop
signs or signals.
,--
City Manager Watenpaugh explained that the City Council held a Study
Session on the issue, and appointed a subcommittee of Councilman Magee,
Mayor Buckley and City Manager Watenpaugh to review the existing
Municipal Code Section: He indicated Mayor Buckley and Councilman
Magee had some modifications to the duties and responsibilities that would
be discussed later at the evening session and subject to Council ratification
of those duties it would change the existing Municipal Code and Council
would appoint five members for the first term.
Councilman Magee commented that hopefully the Commission would be
an additional set of eyes and ears not only for Council but for the citizens
to focus more attention on public safety.
Councilman Hickman suggested eliminating #2 of Section 2.46.030
(membership). He did not think the owner ofa business or an owner's
"designee" that was establish or currently licensed within the City should
be added, it should only include residents of the City.
Councilman Schiffuer noted that there were many business owners in the
City that did not reside in the City; that had a much bigger interest in
public safety than some individuals that resided in the City. He felt that it
was very important to involve business owners.
Councilman Hickman suggested forming a district and reiterated
eliminating the business owners.
,,--
Mayor Buckley commented that another issue the Commission would
work on was disaster preparedness.
AliIE"NDA ITE~~O.J ,1. .
'" PAGE~ OF..L:L.
PAGE TEN-STUDY SESSION-MARCH 9, 2004
~
Mayor Pro Tern Kelley noted that Lieutenant Featherolf, at a previous
Study Session, made the comment that in disasters, citizen committees
often became a problem for the emergency personnel and she appreciated
the way Item F was written.
Councilman Magee commented that he hoped the Commission would
review the current procedures, in terms of disaster preparedness and if
changes or additions needed to be made they could make
recommendations.
City Manager Watenpaugh requested clarification that under Section
2.46.030 (membership) the business owner or business owner "designee"
had to be a registered voter in the City.
Mayor Buckley discussed the issue with Councilmembers and agreed to
remove being a registered voter in the City as a requirement.
Mayor Pro Tern Kelley inquired about the background check on selected
individuals. She suggested speaking with Police Chief Walsh regarding
what type of background check should be done.
-...,.,
Councilman Magee noted the importance of a background check, but
questioned involving Police Chief Walsh who had indicated at a July,
2002, Council Meeting, that he did not want this Commission and did not
think it was necessary. He noted he was not comfortable with doing so.
He suggested including the following statement: Applicants may be
subject to a background check by the local Police Department and subject
to approval by the City Council.
City Manager Watenpaugh suggested Council might want each applicant
to submit a short resume or some type of background of their experience.
He noted there was more information on the Planning Commission than on
Councilmembers. He noted there was no biography on Councilmembers.
""'-'"
AGENDA ITEM NO. J lc\ '
PAGE...1.O... OF ~
,;I'""
PAGE ELEVEN-STUDY SESSION-MARCH 9, 2004
Councilman Schiffner indicated he was concerned with the Mayor
selecting the Chairman and Vice Chairman. He felt those seats should be
chosen by the group after they had been selected.
Mayor Buckley indicated he was going to select the Chairman.
Mayor Pro Tern Kelley indicated that she heard the Chairperson had
already been selected before the Agenda Review. She commented that
before the Council had the opportunity to consider what they were
forming, she was approached and told this was already a "done deal". She
reminded everyone it was not a "done deal" until the 7 p.m. Council
Meeting when three of the five members voted, but if the Chairperson had
already been appointed and told they were appointed that was not a good
thing for the community and that was not the way Council operated.
,,--.
Councilman Schiffner commented the Public Safety Commission was a
permanent committee like the Planning Commission and should be
handled that way. He indicated the Public Safety Commission was not a
Mayor's Committee it was a permanent committee and should be handled
as such.
Councilman Hickman commented they would need guidance in the
beginning and suggested the commission select their own Chairman after
one year.
Mayor Buckley indicated the point was to help get things started.
Councilman Magee mentioned the membership issue, he requested adding,
appointees shall be subject to a background check administered by the
Lake Elsinore Police Department and approved by the City Council.
34. Mayor's Committee/Country Club Heights.
~
Mayor Buckley commented that the February 19,2004, Study Session for
Country Club Heights went extremely well with a turnout of 219 property
owners and residents of the Country Club Heights area.
AGENDA ITEM NO.~
PAGE ) \ OF~
PAGE TWELVE-STUDY SESSION-MARCH 9, 2004
...."
Mayor Pro Tern Kelley indicated due to the complexity of the issues in the
area, she would suggest involving the same consultants since they have
already studied the area.
Councilman Schiffuer commented that Council needed to establish what
they wanted the committee to do. He further commented that Council
should ask the committee what they wanted to accomplish, not how it was
done; and bring it back to Council, then Staff and consultants could put
together a plan that would accomplish what the residents and land owners
in that area wanted.
City Manager Watenpaugh indicated that Council needed to set tasks and
review and extend if they wished, but Council needed to give the
committee that guidance.
35. Draft Goals for City Manager.
City Manager Watenpaugh indicated that he had redone the form and it
was pointed out to him when he had asked Staff to retype the goals, Staff
pulled one extra paragraph; he put that extra paragraph back in. He further
indicated that it was a combination of Council preamble and Councilman
Magee's post statement. He distributed the information to Council.
""
Councilman Magee indicated that at some point the paragraph needed to be
read into the record.
36. Status Report-Western Riverside County MSHCP.
City Attorney Leibold commented that she would be giving a verbal
report. She indicated there was some new information and preferred to
give the report at the 7 :00 p.m. Council Meeting. She noted that the City
of Lake Elsinore Representative (Councilman Schiffner) was denied a vote
at the RCA meeting held the day before.
Councilman Schiffuer confirmed he was denied the right to vote. He
indicated that particular board was the board which made the decision in
AQENDA ITEM NO._\ \d.
PAGE~ OF.J.2L
...."
,,-....
PAGE THIRTEEN-STUDY SESSION-MARCH 9, 2004
accepting the City's exception to the MSHCP. He indicated they had not
given it any consideration and had not answered any correspondence from
the City. He noted that the City was considered nonconforming at this
time.
Councilman Magee inquired if all members of the Board of Supervisors
were at the meeting.
Councilman Schiffuer confirmed they were all present.
REDEVELOPMENT AGENCY
Chairman Hickman gave an overview of the RDA Agenda.
,,-....
Legal Counsel Leibold indicated there was one item of Closed Session, Real
Property Negotiations for the Stadium.
Consent Calendar
No comments.
BUSINESS ITEMS
No comments.
ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY
MEETING WAS ADJOURNED AT 5:15 P.M.
,.-.
THOMAS BUCKLEY, MAYOR
CITY OF LAKE ELSINORE
AGENDA ~TEM NO. \ l e\.i' ,
PAGEllOF~
PAGE FOURTEEN-STUDY SESSION-MARCH 9,2004
DARYL HICKMAN, CHAIRMAN
REDEVELOPMENT AGENCY
Respectfully submitted,
Frederick Ray, Deputy City Clerk
ATTEST:
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
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AGENDA ITEM NO. \ ,~.
PAGE J Y OFQ.
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MINUTES
CITY COUNCIL STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
THURSDAY, MARCH 11,2004
******************************************************************
CALL TO ORDER
The City Council Study Session was called to order by Mayor Buckley at 5 :09
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
KELLEY, MAGEE,
SCHIFFNER, BUCKLEY
/"'"'
ABSENT:
COUNCILMEMBERS:
HICKMAN
(Councilman Hickman
arrived at 5:14 p.m.)
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
Administrative Services Director Pressey, Community Development Director
Brady, Community Services Director Sapp, Lake/Aquatic Resources Director
Kilroy, Police Chief Walsh, Engineering Manager Seumalo, Finance Manager
Magee, Information/Communications Manager Dennis, Public Works Manager
Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad.
DISCUSSION ITEM
Capital Improvement Budget & Goals.
~.
City Manager Watenpaugh noted that this was the first in a series of Budget
workshops, as established during the Mid-Year Budget Review. He suggested
starting with the assumption that the Goals in Item 4, were the areas of concern for
goals. He further suggested that rather than setting specific goals at this time, if
the proposed broad goals were appropriate, they would be the general parameters
ACiENOA ITEM NO. J · e.. .
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Page 1\vo - City Council Study Session - March 11,2004
to be addressed by the budget. He indicated that staff would like to begin with
Capital Projects for a two fiscal year budget; .and refine the budget to more
specifics as the Council went through the budget process. He noted that the goals
could either be left broad or fine tuned at the Council's discretion. He introduced
Public Works Manager Payne, Engineering Manager Seumalo and Finance
Manager Magee, noting that they had been instrumental in the process.
Councilman Hickman arrived at 5: 14 p.m.
Mayor Buckley questioned if the Council had more goals or suggestions for the
goals as proposed. It was the Council consensus to proceed with the presentation.
Engineering Manager Seumalo explained that this would be a first draft of the
Capital Improvement Budget, and thanked Mr. Pressey, Ms. Magee and Ms.
Barrozo for their assistance in the preparation of this material. He highlighted the
format of tbe document from the table of contents. He provided a summary of the
available funding for the years presented and a list of projects by type, location
and project description. He explained the changes that would be made to the
format for the final document with maps for each individual project; and indicated
that with feedback from this meeting he would complete the document and
redistribute for Council's use. He noted that the final document would include
tables showing costs of administration, acquisition costs, utility costs, construction
costs and contingency funds. He introduced Public Works Manager Payne for
presentation on the Pavement Management Program.
Public Works Manager Payne introduced staff members in attendance at this
meeting, including Del Turk and John Unsworth, and thanked them for their
efforts. He presented the Council and public with the Public Works Mascot, P.W.
Paws, and noted that their motto, is "Public Works, Works for You". He indicated
that he would be requesting increased funding for preventative maintenance of
public streets. He explained that they had spent $245,000 annually since 1996 and
provided a map of the streets that funding would address. He further explained
that he was requesting incremental increases to $600,000 next year, and
progressing to $1 million for the next four years. He stressed that this was
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Page Three - City Council Study Session - March 11,2004
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important to protect the City's investment in streets which was about
$130,000,000. He detailed the life cycle of pavement and the preferred timing to
reduce costs for maintenance. He explained that the Pavement Management
System was implemented in 2002, by determining the value of the street inventory
and establishing a preventative maintenance program. He further explained that
there were various forms of preventative maintenance including slurry seal,
asphalt overlay, crack sealing, minor removal and replacement or patching. He
commented that the system was helpful in providing information on the current
street inventory, the condition rating for all streets, and the best time to perform
maintenance. He explained that the standards for the system were set up by the
Army Corps of Engineers. He noted that the average street in Lake Elsinore, rated
77 or very good. He explained that the best time to do street work was when the
street was still rated fair to good. He noted that the proposed increase to $1
million, would maintain the streets at the lowest cost factor for repairs, for a total
of $4.6 million over the next five years.
Mayor Buckley questioned if there were neighborhood averages, and specifically
questioned the streets downtown. Public Works Manager Payne noted the data
base material was provided in the materials presented. Mayor Buckley inquired
what condition a street would be in to rate a zero. Public Works Manager Payne
indicated that it would be a paved road, with base material that needs to be tom
out and redone. City Manager Watenpaugh commented that the older sections of
Sunnyslope would be a good example. Public Works Manager Payne concurred
that Sunnyslope would be in the bottom third. Community Services Director Sapp
noted that an example of a zero would be Franklin Street, near Chestnut and
Dutton. Mayor Buckley questioned what would rate a 70. Public Works Manager
Payne pointed out the listing of street ratings in the material presented, noting that
they could be found randomly or in alphabetical order. Mayor Buckley noted that
Graham Street was about an 80. Public Works Manager Payne confirmed and
stressed the value of this tool. Councilman Schiffner questioned if this included
the mileage for all right-of-ways. Public Works Manager Payne clarified that it
was only for paved roads and did not address the approximately 22 miles of dirt
roads.
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A~A ITEM NO. \ . e .
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Page Four - City Council Study Session - March 11, 2004
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City Treasurer Weber noted that he had to leave this meeting, but indicated that he
was impressed with the work included in the materials presented. He inquired if
there was a priority list, if the full funding was not granted. Public Works
Manager Payne explained that the system was objective and would kick out streets
based on whatever amount of money was dedicated to the program. City Treasurer
Weber inquired if there was a software program for this programmed maintenance.
Public Works Manager Payne confirmed that the information was in a data base;
and explained that the list was compared to what the Council and community
brought to staff. He explained that this was just another tool in deciding which
streets were in need of rehabilitation. He presented a map of the five year plan
and the anticipated timing for each area.
Mayor Pro Tern Kelley noted the $1 million figure and questioned what percentage
of the streets were in the 40's and below. Public Works Manager Payne indicated
that those streets were not addressed in maintenance, but would instead be
included iil the Capital Improvements Budget. He advised that major ~
rehabilitation work in excess of $1 million was done annually. Community
Services Director Sapp clarified that the objective of the program was to keep the
streets from deteriorating and falling into the bracket needing complete
rehabilitation. Mayor Pro Tern Kelley commented that the material presented was
an amazing document, and noted that it had not been spelled out this way in the
past. Councilman Schiffner noted that this was one of staff's accomplishments
over the last couple of years. Mayor Pro Tern Kelley questioned the improvements
contemplated and if they would bring a street rating of 50 to 100. Public Works
Manager Payne indicated that it would bring the streets back into the 90's.
Councilman Magee commented that this was the discussion of a large financial
increase; and questioned if staffing level increases were anticipated as part of the
initial funding. Public Works Manager Payne indicated that the work would
continue to contract those services at this point, but down the road, it would be
necessary to look at the cost of contracting to determine if some of the work
should come back in-house. Councilman Magee inquired if it would be possible
to slow the process down a bit and still see an overall savings; and questioned if
the budget could show what projects would drop off with reduced funding. He
AGENDA ITEM NO. 't. e '
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Page Five - City Council Study Session - March 11,2004
questioned the danger in using smaller incremental increases. He suggested that
smaller increases would give him a better comfort level, but he wanted to be sure
it was the right path. Public Works Manager Payne indicated that staff could
provide those scenarios, but recommended the $600,000 as a minimum per year.
Councilman Magee inquired where questions on this material should be directed.
City Manager Watenpaugh suggested with the Budget time line, that questions
could be e-mailed to Mr. Payne to allow him to address the questions, and he
could share them with the City Manager.
Mayor Buckley noted that spending more now, would save later; and questioned
how much money would be saved by spending more ahead of time, over the long
term. He questioned what the costs would be for 10 years from now and what the
savings would be.
Councilman Schiffner suggested when the levels of maintenance were established,
it would be easier to see what would fall off the plate for funding. Public Works
Manager Payne indicated that at this time the amount was $10 million, that had
already fallen off the plate, for rehabilitation to the 90's. Councilman Schiffner
suggested that after they fall off the plate it might actually cost eight times instead
of four times as much; and stressed the expense of waiting too long. Mayor
Buckley questioned the possibility of making the target rating in the 80's, instead
of the 90's. Councilman Schiffner commented that lowering the level to 80,
would mean that they would fall off the plate sooner and accelerate the rate of
deterioration. Community Services Director Sapp clarified that the final ratings
were based on maintenance. Public Works Manager Payne clarified the numbers
for the condition before and the condition after. Mayor Buckley noted that right
now Graham from Main to Chaney was between 74 and 78, and it would go to 80
to 84. Councilman Schiffner noted that the key was to keep water from getting
under the pavement, so it was a question of the condition that looked like water
might get into the pavement.
Councilman Hickman commented that it was interesting because he drove
Railroad Canyon every day, and noted the sprinkler system near Grape Street. He
questioned who patches the holes, since the holes cause potholes. Public Works
AGENDA ITEM NO. l. e::-.
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Page Six - City Council Study Session - March 11, 2004
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Manager Payne clarified that during rains, they use a temporary patch and come
back to remove and replace the area. He explained that they would dig out the
base if necessary and put in a new asphalt base. Councilman Hickman noted the
cuts being made in the street, leaving potholes. Public Works Manager Payne
indicated that they were getting on the utility companies to have them come back
in and make the repairs; and complimented the Water District on their repairs.
Councilman Hickman indicated that Railroad Canyon was going to the birds, and
he was concerned with the people driving on the streets. Councilman Schiffner
commented that a Public Works Inspector was needed for every project when a
street was cut, but there was not that level of staffing. He stressed that would be
the only way to get it done right. Councilman Hickman questioned if there was
an ordinance to require repairs. Engineering manager Seumalo indicated that
there was a policy for repairs and the inspection staff would be getting a handle on
the issue. He concurred that the Water District had done a good job of repairs, and
noted that another water line project would be coming down Railroad Canyon
Road. .....,
Mayor Pro Tern Kelley commented that she was getting complaints that Terra
Cotta and Lakeshore was still bad after it was repaired. Public Works Manager
Payne indicated that staff was addressing those concerns.
Councilman Hickman expressed concern with the people calling him to let him
know about problems. He noted that he met with Bill Kipp and heard what he had
paid for streets. He questioned if staff was checking for problem areas. City
Manager Watenpaugh indicated that CR & R kept lists of problem areas, but had
not been forwarding to the City recently, but that would be corrected soon.
Chris Hyland, 15191 Wavecrest, questioned streets that don't exist; and noted that
she had commented in 1999 that Machado Street had to be repaved. She stressed
that the only work that had been done was to fill potholes, and it was like a roller
coaster. She questioned the list of streets to be repaved. City Manager
Watenpaugh indicated that the list would be adopted as part of the budget. He
clarified that the Council had a complete list of the proposed or needed projects,
but for a number of reasons projects might be elevated or lowered on the list. He
AENDA ITEM NO ( .e .
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~ Page Seven - City Council Study Session - March 11, 2004
stressed that the City Council would be making the final list. Councilman
Schiffner noted that this was the first time the City had an inventory like this to
show the condition of all of the streets. He noted that they had been doing the
streets as they saw the need, but this was a more well organized approach. Mrs.
Hyland indicated that she was not against spending money on streets.
Ron Hewison, 35 Villa Valtelena, addressed the pavement life cycle, and
questioned the life of a road. Public Works Manager Payne indicated that the
average street lasted 25 to 30 years. Mr. Hewison questioned the timing for slurry
seal. Public Works Manager Payne indicated that the schedule would call for a
slurry seal every seven years.
,.--..
Engineering Manager Seumalo stressed that the material presented was a living
document and changes were being made, even during this discussion. City
Manager Watenpaugh noted that each individual project was presented separately
and offered to have staff detail them.
Mayor Buckley questioned the Capital Improvement Project list. Engineering
Manager Seumalo indicated that some projects in the document were unfunded,
and clarified the projects that had been included. Mayor Buckley questioned the
Police, Fire and Lake Master Plans. City Manager Watenpaugh indicated that a
series of master plans were being added; and additional studies were being
considered such as public facilities like a civic center, etc. He stressed that this
was not a complete list, but a series of past discussions that had been included. He
commented that he would assume the Council would have several additions.
Councilman Magee clarified that the unfunded project list, was a wish list put
together by staff over the past few years; and during the budget process the
Council might take things off the wish list and fund them, or there could be
additions to the list. City Manager Watenpaugh confirmed the ability to add or
delete items. Councilman Magee indicated that the Grand/Ontario Landscaping
needed to be added to the list.
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Mayor Buckley questioned the Swick-Matich Restroom funding in multiple years.
AQENOA ITEM NO. \. e...
PAGEJOF \ \
Page Eight - City Council Study Session - March 11, 2004
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Community Services Director Sapp clarified that it had been rolled over due to
timing of the project.
Councilman Magee questioned the map on Page 23 for Lincoln Street Park, and
inquired if it was in fact identifying Mrs. Wilsey's property for the park.
Engineering Manager Seumalo indicated that these maps had been prepared by
GIS, and if the locations were vague, they made their best guess from the project
description. City Manager Watenpaugh clarified that it was across the fence from
Mrs. Wilsey's property.
Mayor Pro Tern Kelley questioned the Library budget, and the balance of the fund.
City Manager Watenpaugh indicated that there would be $661,000 in the fund for
the coming year. Mayor Pro Tern Kelley questioned the possibility of the City
participating in the new Library at the new High School. City Manager
Watenpaugh indicated that there had been discussions, but to date there was no
formal request. He noted that he would be meeting with Superintendent Lindsey """"
in the near future.
Councilman Schiffner questioned if the revenues were based on the housing
increases. Administrative Services Director Pressey confirmed that it was based
on an estimate of dwelling units over a period of time; and noted that he looked at
the units proposed for each future project. He detailed the break-out per unit.
Mayor Buckley inquired if there was $1.6 million in the Library fund, if the
School District was going to ask the City to spend a lot of that on the new High
School site. He noted he would like to expand the annual contribution to books,
etc. Mayor Pro Tern Kelley indicated that she assumed that the Library at the High
School would use more County and School dollars; and noted that a new Library
was needed downtown, at this point. She commented that the City was providing
$40,000 annually to upgrade the collection, but they were running out of room.
Mayor Buckley noted that the Lake Destratification Project was a pass-through
from LESJWA; and questioned the boat launch improvement funding and if it
would all be used at the campground. Lake/Aquatic Resources Director Kilroy
A~NDAITEMNO.~
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Page Nine - City Council Study Session - March 11,2004
indicated that it was all for the boat launch at the campground. Mayor Buckley
inquired if this was a match for the grant. City Manager Watenpaugh clarified that
the grants had been reduced, so while the project will still be authorized, the City
will have to build the full facility and come up with the balance of the funding.
He noted that general fund dollars had been requested, but were not committed at
this point; however committing the dollars would be considered with the entire
budget consideration.
Councilman Hickman addressed the boat launch and questioned the water level for
use of the existing boat launch. City Manager Watenpaugh indicated that the
water level needed to be at 1,240'; and noted that the level was coming up a little,
but not very much. Lake/Aquatic Resources Director Kilroy indicated that the
lake was at about 1,236.72'. Councilman Hickman inquired if the facility at the
campground would be restricted. Lake/Aquatic Resources Director Kilroy
~ indicated that it would work at almost all levels. City Manager Watenpaugh noted
that the bottom of the lake was lower in that area. Mayor Buckley commented that
the campground would be able to launch at almost any level, except extreme
flooding times.
Mayor Buckley returned to the goals section. City Manager Watenpaugh
clarified that if the categories listed were the areas of concern, the departmental
budgets would have more specific goals and benchmarks. Mayor Buckley
inquired if there were additions to the list.
Councilman Magee addressed the Community Services Center and Department
and indicated that could be included in a couple of categories. City Manager
Watenpaugh indicated that he took the goals for the Manager and lumped them
into more general categories, but there would be more specific information in the
Community Services and City Manager's Office budgets.
Councilman Hickman indicated that he would like to digest the information to be
sure what was being done; and be able to address each department.
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Councilman Schiffner had no further comments.
AGENDA ITEM NO. \, e.
PAGE <i OF-LL-
Page Ten - City Council Study Session - March 11,2004
J.J. Swanson-O'Neal, commented that there was no second chance to make a first
impression; and stressed the first impressions of Lake Elsinore, as a City. She
stressed the need for Country Club Heights light standards, and landscaping in the
downtown. She noted that the sidewalks and trees needed to be expanded beyond
the downtown. She indicated that the public would be willing to participate. She
suggested clean-up, design and maintenance of the areas adjacent to the off-ramps.
She indicated that it was important to ensure that projects were done in a timely
manner, and stressed that the Council should not underestimate the ability of the
community to assist with projects. She suggested giving Lake Elsinore a chance
to make a great impression, with aesthetic beautification.
Mayor Pro Tern Kelley questioned the budget for on/off-ramps, noting that it was a
Caltrans project and they were moving forward, supposedly to do one a year. She
questioned the status. City Manager Watenpaugh indicated that he had not heard,
but staff would be requesting work on the Highway 74 ramp. He indicated that he
would try to get a schedule, but he would guess that the work would not be done
this year. Ms. Swanson-O'Neal questioned the ability to maintain and plant in the
off-ramp areas. City Manager Watenpaugh indicated that the City could design
the projects and go to Caltrans to get buyoff, but that requires that the City pay for
maintenance, otherwise the City could not touch it. He commented that it was not
possible to pick up trash, unless the City wanted to do it permanently. Ms.
Swanson-O'Neal questioned the ability of citizens to participate in clean-up, rather
than City staff. City Manager Watenpaugh noted the "Adopt a Freeway" program
for clean-up participation by businesses. Mayor Pro Tern Kelley noted that some
of those participants also clean the off-ramps. City Manager Watenpaugh
confirmed. Engineering Manager Seumalo indicated that he could contact
Caltrans and get information on the program. Mayor Buckley noted that a new
company had been formed for hire to do the work for the company that adopted
the area. City Manager Watenpaugh noted that back in the early to mid-90's, staff
was directed to develop landscaping plans for all interchanges; and the City still
had concept plans for each off-ramp, but it was very expensive and the work
stopped with the plans. Mayor Pro Tern Kelley commented that Caltrans was not
working in a timely manner. City Manager Watenpaugh noted that in the past they
had done the work, and called the City when they needed assistance with their
AGENDA ITEM NO.' . ~ ·
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Page Eleven - City Council Study Session - March 11, 2004
water meter. He indicated that he understood the plan was for Railroad Canyon
next and then Central Avenue, but he guessed that the budget had been cut and
they would not do the work for a while. Councilman Schiffner noted that the
budget was so bad, that the RCTC had loaned $30 billion to get the freeway
intersection at the 210 started. Mayor Pro Tern Kelley questioned the price tag for
the designs. City Manager Watenpaugh indicated that staff could get a number,
but the difficult part would be based on the existing ramps, and would not be
accurate if the ramps were changed.
ADJOURNMENT
THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 6:16 P.M.
"",--
THOMAS BUCKLEY, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
,,-....
AGENDA ITEM NO.~
PAGE.JJ... OF--LL..
.;--..
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MARCH 23, 2004
******************************************************************
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Buckley at 5 :40
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
",-.-,
ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Pressey, Community
Development Director Brady, Community Services Director Sapp,
Lake/Aquatic Resources Director Kilroy, Information/
Communications Manager Dennis, Parks & Open Space Manager Fazzio,
Recreation and Tourism Manager Fazzio, City Treasurer Weber and City
Clerk/Human Resources Director Kasad.
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't
Code 954956.8)
Property: Assessor Parcel Numbers 347-330-045, 347-330-046, 347-330-
051,347-330-50,347-330-052,347-330-053, 347-330-019, 347-360-004,
;--.. 347-360-005,347-360- 03,347-250-006, 347-250-007; 347-250-008,347-
350-003; 347-350-014; 347-350-015; 347-360-006 and 347-360-007
Agenda Item No.~ . .c .
Page ~of--'-t
Page Two - City Council Minutes - March 23, 2004
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Negotiating parties: Wasson Canyon Investments, L.P., A California
Limited Partnership, South Shore Properties, LLC, a Nevada limited
liability company, the Treasurer of the County of Riverside and the City of
Lake Elsinore
Under negotiation: terms of payment
City Attorney Leibold announced the Closed Session discussion item as listed
above.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:41P.M.
The Closed Session discussion was completed at 6:50 p.m.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
Mayor Buckley reconvened the Regular City Council Meeting in Public Session at ...,
7 :07 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Leroy Tucker.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Pressey, Community
Development Director Brady, Community Services Director Sapp, Fire Chief
Gallegos, Lake/Aquatic Resources Director Kilroy, Police ChiefWA'lsh, ...,
Agenda Item NOo_\ . ~ f
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.....- Page Three - City Council Minutes - March 23, 2004
Engineering Manager Seumalo, Information/Communications Manager
Dennis, Parks & Open Space Manager Fazzio, City Treasurer Weber and
City Clerk/Human Resources Director Kasad.
INVOCATION - MOMENT OF SILENCE
Mayor Buckley led the meeting in a moment of silent reflection.
CLOSED SESSION REPORT
City Attorney Leibold reported that the City Council met in Closed Session as
listed on the agenda, with no reportable action. She noted that the item would also
be discussed in open session as Item No.3 7 on this agenda.
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PRESENTATIONS/CEREMONIALS
a. Presentation - Rosetta Canyon Park.
City Manager Watenpaugh deferred to Community Services Director Sapp
for presentation on Rosetta Canyon Park, formerly known as Ramsgate
Park.
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Community Services Director Sapp provided a history of the proposed park
site; which due to a reduction in units had gone from 55 acres to 23 acres
and detailed the possible configurations. He explained that there would be
multi-purpose youth fields for a variety of leagues, small plazas at each
major entry point, seating areas, a site for a future community center, and an
action sports area for a skate park or three tennis courts. He noted that the
future Community Center could be used for soccer fields and triplex
basketball courts. He noted that in addition to the ball fields, there would
be a concourse area of about 20,000 square feet with a canopy, restroom and
concession area; which would be elevated by seven to ten feet above the
ball fields. He indicated that staff met with the Leagues, and one of their
main concerns was to retain the larger fields. He advised tha\th~ could
Agenda Item No. ~ ..\-r
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Page Four - City Council Minutes - March 23, 2004
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be accomplished without impacting the overall features of the park. He
noted that the project cost would be $3.5 million, and the developer was
committed to put in about $2.8 million.
Mayor Pro Tern Kelley questioned the timing. Community Services
Director Sapp indicated that the park would be built in Phase I; and noted
that they were getting ready to grade. Mayor Pro Tern Kelley questioned
when the park would be complete. Community Services Director Sapp
indicated that it would be on line by mid-year 2006. Mayor Pro Tern Kelley
inquired if the fields would be lit. Mr. Sapp confirmed that the ball fields
and soccer fields would all be lit; and noted that there would be an
emergency access area. He also noted that there would be a limited impact
by the lights on the residents. Mayor Pro Tern Kelley inquired if there
would be a trail within the park. Community Services Director Sapp
confirmed that there would be a sidewalk around the entire park, as well as
intemalloops of sidewalk. "'"
City Manager W atenpaugh indicated since this was a brand new
community, it was the intent of staff to get input on the park from the
Council and the Community.
Councilman Hickman indicated that he liked the big baseball field, and
questioned the soccer fields. Community Services Director Sapp clarified
the soccer overlay area. Councilman Hickman stressed the popularity of
soccer and commented that the park looked good.
City Manager Watenpaugh questioned the funding issues. Community
Services Director Sapp indicated that staff was working on those issues
right now; and noted that estimates of the costs were known, but it would
have to be worked out. He suggested that an option might be that the tennis
courts would not go in initially; and noted that there were also potential
park fees to off-set the costs.
Agenda Item No. \ ' ~ I
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~ Page Five - City Council Minutes - March 23,2004
Mayor Buckley indicated that the tennis courts would be nice, and
addressed the color rendering. He commented that going to the larger field
would only impact a line of trees and one other facility. Community
Services Director Sapp clarified that the other facility was the tot lot, and it
could be retained if the field was enlarged. Mayor Buckley inquired if
there would be a lot of trees. Community Services Director Sapp confirmed
that there would be 600 trees, 500 shrubs and ground cover. Mayor
Buckley questioned the gazebo. Community Services Director Sapp
clarified the facility over the restroom and concession area. Mayor Pro Tern
Kelley questioned if there would be picnic areas and bar-be-ques.
Community Services Director Sapp indicated that the picnic area would be
similar to that at McVicker park with benches and bar-be-ques.
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Councilman Magee indicated that the rendering was beautiful, but he had
received the material at 4 p.m.; and was hearing that the developer was
required to provide $2.8 million, but the overall cost could be as much as
$3.7 million. He expressed concern that he could not give direction tonight.
City Manager Watenpaugh clarified the request, noting that staff knew what
was available to spend, so the project would be phased to the dollars. He
explained that if there were other concepts the Councilor Community
would like included, staff could address them in the project. Councilman
Magee clarified that the intent was to gain direction on what would be
preferred for these facilities; and indicated that he would need more time to
digest the information. Community Services Director Sapp reiterated that
the intent was to give the Council an idea of what was proposed, and phase
in any changes at a later date.
Mayor Buckley inquired if there was any input from the audience.
r"'-
Madeline O'Leary indicated that she was wondering why this was not
introduced to the young people. She noted that she was a teacher and felt
the foundations should be established with young people. She suggested
that they could give all new insight to a project like this, and make them feel
they are part of the project and their government.
Agenda Item No. \ l.\- ·
page~Of~
Page Six - City Council Minutes - March 23, 2004
.....,
City Manager Watenpaugh reiterated that staff was going through the
process, and the park plan was part of the Master Plan adopted in 1995. He
noted that the intent was to keep up with the development time line. Mayor
Buckley suggested that the Council and public could digest the information
and e-mail staff with their comments.
b. Presentation - Campground Improvements.
City Manager Watenpaugh noted that the presentation would be made by
Chet Roberts of Pyramid Enterprises; and explained that the intent was to
present a conceptual plan of the proposed renovation and improvements for
the campground.
Chet Roberts noted that 2 and 'li years ago he had sought the approval of the
Council to enter negotiations for operation of the recreation area. He
commented that he did so with some apprehension, but it had proven to be a
very wise choice; and expressed hopes that the Council would concur. He
indicated that he had received tremendous cooperation from City staff, and
at this point felt even more confident and secure with the future of the
facility. He commented that the area had a tremendous amount of growth
underway and there was a real demand for the facilities they were
proposing. He indicated that in order to accomplish the planned
improvements, he needed to partner with someone to bring the
improvements forward. He introduced Fred Rice, who had been a developer
for thirty years, and indicated that they were very excited about entering into
another agreement with the City to develop this prime real estate.
.....,
Fred Rice indicated that he was partnering with Mr. Roberts to bring this
proposal forward for a concept which would be an extension of the existing
facility. He advised that they would be upgrading the facility to much
higher standards, as the Recreational Vehicle industry is growing at a rapid
pace; and noted the sales factors over the last two years, projecting the trend
to continue. He noted the desirable amenities for this type of facility and
commented that there are not too many high end R. V. parks in California.
Agenda Item No. \ I ~ '
page~ofM
.....,
r-
Page Seven - City Council Minutes - March 23, 2004
,......
He commented that some parks require buy-ins, but this type of park draws
people to use the local restaurants and the lake and go home. He noted that
this park was a 1950's vintage park, and has struggled over the last seven
years. He suggested that with the proposed improvements, they felt that the
park could bring ten times the revenues produced today. He detailed the
proposed changes to the entrance to make it curve to Lincoln Street, noting
that it would eliminate major traffic problems and hazards. He advised that
the inner gate would be further into the facility, so it would allow for
stacking ofR.V.'s. He further advised that within the core of the park, the
roads would all be extra large to accommodate the new 45 foot R.V.'s,
including pop-outs and pop-ups. He explained the larger lots to
accommodate the larger R.V.'s, noting that some would be as large as small
subdivision lots. He commented that the entrance would accommodate a
6,000 square foot recreation center, store, exercise equipment, play
equipment for kids, swimming pool and recreation facilities around the
adm"inistrative office. He indicated that they would upgrade the
maintenance facility, to provide service for R.V.'s, and have
accommodations for about 130 boats for R.V. storage. He noted that they
would also provide a service to provision the stored R.V.'s, and place them
on a site in advance for an owner. He advised that the sites would all be
equipped with water, sewer and electricity, including sites with increased
amperage for the larger rigs. He indicated that they would also be providing
wireless connections for the Internet. He advised that these improvements
would tie in with the new launching facility and expressed hopes that they
would be able to start soon to accommodate the R.V.ers. He indicated that
they would have about 275 spaces of auto parking for the boaters and
detailed the proposed configuration of the marina. He advised that the
marina would accommodate up to about 275 boats.
r-
Mayor Pro Tern Kelley noted the vintage nature of the park and questioned
if they would be eliminating tent camping. Mr. Rice showed the area which
would be used for day camping, tents and group tenters. Mayor Pro Tern
Kelley noted that the scouts use the campground annually for large
gatherings and have contacted her with concerns about the impacts of the
Agenda Item No. \ ..\.<
page~of-b1
Page Eight - City Council Minutes - March 23, 2004
......"
boat launch. Mr. Rice noted that they would also anticipate an improved
swim beach, and a whole area for day use operations, so when the lake is at
a low enough level the group area would have a prime beach front; and
suggested that it would allow for special events as well.
Mayor Buckley commented that the existing campground was heavily
landscaped and questioned the ability to retain that density of landscaping.
Mr. Rice indicated that they would be analyzing that in the final designs.
He indicated that they would anticipate removing at least some trees, but the
design will retain most of the existing roads and seek to retain as many of
the trees as possible, in addition to a major landscaping plan.
Councilman Schiffner noted that the new boat launch would be at a higher
elevation and inquired if the campground would also be raised. Mr. Rice
confirmed that the campground would be at the same elevation as the
parking lot. Councilman Schiffner noted the reconfiguration of the sites,
with the same roadways, and questioned the ability to keep the campground
in operation during renovations. Mr. Rice indicated that they would not
shut down, as they would want to maintain the cash flow. He noted the plan
of the existing layout and explained the phasing of the projects.
Councilman Schiffner questioned the time line for the improvements. Mr.
Rice indicated that it would take about twelve months from start to finish,
plus approval time.
~
Councilman Magee questioned the funding sources to get this project
underway. City Manager Watenpaugh indicated that at this point it was
private dollars, but noted that the boat launch was % funded with a $3
million grant, which was fully funded until that State budget crunch. He
advised that the City needed to bring $1 million in funding, so it had not
come forward yet, noting that this was a public/private partnership.
Councilman Magee questioned the ownership. City Manager Watenpaugh
indicated that the City was required to maintain ownership pursuant to the
transfer agreement. Councilman Magee clarified that Pyramid Enterprises
was the concessionaire and the City received revenue as a percentage of
Agenda Item No. \ \.\-,
page~of b 'f
~
"....... Page Nine - City Council Minutes - March 23, 2004
their revenue. He commented that the plans were quite ambitious and
questioned the future of the dilapidated house. City Manager Watenpaugh
indicated that there was no historical requirement, but there had been
consideration of removal and a variety of options. Mr. Roberts indicated
that he originally took a liking to the building and thought of using it as a
recreation center, but it lacked ADA compliance and the cost to bring it to
standards was not effective. He explained that at this point they had to face
the fact that the house would have to be removed for the entrance
realignment. Councilman Magee requested that they coordinate that
removal with the historical society, in case there were artifacts they might
want to take into their possession. Mr. Roberts indicated that he would be
happy to do so.
".......
Councilman Magee requested clarification that all of the improvements
would come back to Council for approval. City Manager W atenpaugh
confirmed and noted that staff wanted to know if the Council was interested
in the concept as presented.
Councilman Schiffner inquired if the proposed changes would require a new
agreement. City Manager Watenpaugh confirmed. Councilman Magee
inquired if everything was back on the table at that point. Staff confirmed.
Councilman Magee indicated that he would get the President of the
Historical Society in touch with Mr. Roberts.
Councilman Hickman indicated that he understood that at one time the park
was heavily used, and commented that he was glad to see it being upgraded
to make it usable. He advised that he was very impressed with the
proposal. Mr. Roberts noted that they hoped to level out the service
throughout the year with a first class facility.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
,.-
Dale Buckeridge. 16037 Via Sola, in Lakeland Village, expressed concern with
Pacific Communities/CMA Builders, and noted that they had no specialty license
\ \\.
Agenda Item No.
page~of~
Page Ten - City Council Minutes - March 23, 2004
"'WfII'
for the work they were doing. He indicated that they were to build a slumpstone
wall, and did not contact Dig Alert; and subsequently broke a water main which
flooded four homes. He suggested that the City should be cited for issuing the
permit; and indicated that Pacific Communities had confiscated the property with
no permission. He indicated that the Lake Elsinore building department had
ignored his requests. City Manager Watenpaugh inquired if staff was aware of
this situation. Community Development Director Brady indicated that he had not
been contacted. City Manager Watenpaugh inquired who Mr. Buckeridge had
spoken with. Mr. Buckeridge indicated that he had spoken with Code
Enforcement, the Building Department and Linda Miller. He indicated that he was
flooded out and had lost everything. City Manager Watenpaugh indicated that he
was not aware of the situation, but would look into it and get back to Mr.
Buckeridge tomorrow. Mayor Buckley confirmed that staff would get back to
Mr. Buckeridge quickly.
Leroy Tucker, 3532 Cherry Blossom, commented on the contractors who did the "'WfII'
storm drain by Terra Cotta and Woodlake, noting they did a good job on the street.
He questioned the schedule for the rest of Lakeshore Drive, between four corners
and Grand Avenue. He noted the increased traffic due to more houses near Lake
Street. Mayor Buckley noted that the Council was going through the Capital
Improvement Program right now. Community Development Director Brady noted
that it would be considered in the Capital Improvement Program.
CONSENT CALENDAR
The following item was pulled from the Consent Calendar for further discussion
and consideration:
Item No.4.
MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR WITH THE CHANGES TO THE MINUTES AND ITEM 3 AS
PREVIOUSLY NOTED.
Agenda Item NOo_\ . ~ .
paftULof~
"'WfII'
r- Page Eleven - City Council Minutes - March 23, 2004
1. The following Minutes were approved as amended:
a. City Council Study Session - February 13,2004.
b. City Council Study Session - March 4, 2004.
c. Regular City Council Meeting - March 9, 2004.
The following Minutes were received and ordered filed:
d. Planning Commission Meeting - March 2, 2004.
2. Ratified Warrant List for March 15,2004.
3.
Resolution Initiating Proceedings and Approving the Engineer's Report for
the Annexation of Certain Territory known as the Amended Pepper Grove
Tract into the City of Lake Elsinore Landscape and Street Lighting District
No. "I, as LLMD Annexation No.2, Declaring the City's Intention to order
the Annexation and to Levy and Collect Assessments, Determining that
these Proceedings shall be taken pursuant to the Landscaping and Lighting
Act of 1972 and the Right to Vote on Taxes Act, and Offering a Time and
Place for Objections thereto - Resolution No. 2004-17.
r-
RESOLUTION NO. 2004-17
r-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
INITIATING PROCEEDINGS AND APPROVING THE
ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN
TERRITORY KNOWN AS THE AMENDED PEPPER GROVE
TRACT INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND
STREET LIGHTING DISTRICT NO.1, AS ANNEXATION NO.2 TO
THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING
MAINTENANCE DISTRICT NO.1, DECLARING THE CITY'S
INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND
COLLECT ASSESSMENTS, DETERMINING THAT THESE
Agenda Item NO"~
Page 1 t_ of J1l
Page Twelve - City Council Minutes - March 23, 2004
.....,
PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT
TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE
FOR HEARING OBJECTIONS THERETO.
5. Authorization to Prepare CEQA Compliance Documents - Albert A. Webb
Associates - $34,600.
6. Assignment and Assumption of Development Agreement from Como at
Tuscany Hills Corporation to Pulte Home Corporation.
PUBLIC HEARINGS
21. General Plan Amendment No. 2003-03, Zone Change No.1 003-02,
Ten~ative Condominium Map No. 31532, Residential Design Review No. R
2003-15 and Mitigated Negative Declaration No. 2004-01 for the "Lake '-'
Elsinore City Center Townhomes" Phase II - Resolution No. 2004-16 &
Ordinance No. 1117 - Continued from March 9,2004.
Mayor Buckley opened the public hearing at 7 :48 p.m.
Community Development Director Brady explained that there were five
components for consideration, including the General Plan Amendment, the
Zone Change, a Tentative Condominium Map, the Residential review and
the Mitigated Negative Declaration. He indicated that the Planning
Commission had reviewed the project and recommended approval. He
advised that there were two conditions which needed to be amended, being
Conditions 45 and 92. He recommended the following verbiage for those
two conditions:
45. The applicant shall enter into an agreement with the Redevelopment
Agency of the City of Lake Elsinore $1.30 per square foot of
residential development in the project to the Agency's Low and
Agenda Item No.
\<(.,
"'"
Page \1. of~
.-.. Page Thirteen - City Council Minutes - March 23, 2004
Moderate Income Housing Fund to be used by the Agency to satisfy
the inclusionary housing requirements of Section 33413 of the
Community Redevelopment Law. The agreement shall be in such a
form as required by Agency counsel and shall be submitted to the
Redevelopment Agency for approval.
92. Developer shall obtain from TM 31531 an easement for a 24 ft.
minimum wide emergency access to its eastern tract boundary,
subject to the approval of the Riverside County Fire Department. The
Developer shall enter into an agreement with the owner of the
adjacent property to the east to provide for the construction of said
emergency access to the satisfaction of the City Engineer. The
agreement shall be recorded prior to occupancy of the first building
unit.
.-.
He explained that this would require adjacent property owners to build and
construct the emergency access road.
Glen Daigle, 28991 Old Town Front Street, representing the applicant,
indicated that they concurred with the staff report, and offered to answer
questions.
Mayor Buckley asked those persons interested in this item to speak. No one
spoke.
~
Councilman Magee addressed Condition No. 51, and noted that it required
over $400,000 in traffic mitigation fees. He questioned what those fees
would go toward. Community Development Director Brady explained that
the City traffic mitigation fee would address the impacts of the project on
traffic improvements for the assigned system of roads. He further explained
that the Railroad Canyon Fee was because they were part of the assessment
area for the past improvements to Railroad Canyon Road. He also
explained that the TUMF fee was County-wide and there were a variety of
road improvements including the Railroad Canyon Road Interchange, the
Central Avenue Interchange and other backbone roads in the City.
Agenda Item No. \ l~ I
pageJlof~
Page Fourteen - City Council Minutes - March 23, 2004
"'-'
Councilman Magee inquired if this was the fair share for the development.
Community Development Director Brady confirmed and noted that the
City's fee would also address various signals.
Mayor Buckley commented that they were paying a lot more in
transportation fees than when it was originally planned as an apartment
complex. Community Development Director Brady confirmed. Mayor
Buckley addressed the traffic counts and suggested that they sounded a little
low. Community Development Director Brady indicated that he was not a
traffic engineer, but the numbers represented a one hour period, and there
would be trips spread throughout the day. Mayor Buckley commented that
there were about seven hours a day for about 500 rush hour and 350 non-
rush hour trips.
Mayor Pro Tern Kelley noted that she was concerned with the traffic at
Railroad Canyon Road, but indicated she knew this was a better project than "-"
the original, and they would be paying their fair share. She noted the recent
study session on the Railroad Canyon mitigation and urged staff to get that
consideration taken care of as soon as possible. She stressed the urgency of
that situation. She reiterated that there was more traffic anticipated
originally, but stressed the need to be diligent to get the improvements
through Caltrans. She requested an update on the discussions with Caltrans.
Engineering Manager Seumalo indicated that the proposals were presented,
but staff was still in the process of getting that information.
Councilman Hickman addressed Condition No. 45 relating to the RDA, and
noted that they would be paying $130 per square foot, instead of 15%
toward the low and moderate income housing. He indicated that the funds
would be used for the Redevelopment Agency in other areas. He
commented that this was a step in the right direction, and noted that
Walmart was probably glad to see them coming into the community.
Councilman Schiffner commented that this was a good project, and noted
that there was no overabundance of this type of housing, but there was a
Agenda Item No. \ · ~ 1
Page~Of~
"'-'
/""" Page Fifteen - City Council Minutes - March 23, 2004
market for it. He stressed the need for a project like this, and commented
that they would have a terrific view from this location.
Mayor Buckley inquired if the project was approved tonight, when would
the project be constructed. Mr. Daigle indicated that they would proceed as
soon as they got through the plan check process. Mayor Buckley noted the
low and moderate income housing fees would be paid instead of building
units; and explained that this was something each developer would
negotiate for their project. He commented that there was some interest on
the Council to set a standard system, so all of the projects were handled the
same way. City Attorney Leibold indicated that she would work on that
process.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
/""" UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-16:
RESOLUTION NO. 2004-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE
LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR
THE FIRST CYCLE OF THE CALENDAR YEAR 2004 FOR THE
APPROVAL OF GENERAL PLAN AMENDMENT NO. 2003-03
AMENDING THE LAND USE DESIGNATION OF THE PARCELS
SPECIFICALLY DESCRIBED AS APN(s) 363-240-002,003,004,008,
009 AND 016 FROM VERY LOW DENSITY (VLD) RESIDENTIAL
TO MEDIUM DENSITY (MD) RESIDENTIAL.
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT
ORDINANCE NO. 1117, UPON FIRST READING BY TITLE ONLY:
,.-...
Agenda Item NO.~ l '*- ,
pageJ&.ofM
Page Sixteen - City Council Minutes - March 23, 2004
......,
ORDINANCE NO. 1117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE
NO. 2003-02 CHANGING THE ZONING DESIGNATION OF A
PARCEL SPECIFICALLY DESCRIBED AS APN (S) 363-240-002.
003,004,008,009 AND 016 FROM R-l SINGLE FAMILY
RESIDENTIAL DISTRICT TO R-2 MEDIUM DENSITY
RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE.
UPON THE FOLLOWING ROLL CALL VOTE:
A YES:
COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
.....",
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE TENTATIVE CONDOMINIUM MAP
NO. 31532.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE RESIDENTIAL DESIGN REVIEW
NO. 2003-15 AND ADOPT MITIGATED NEGATIVE DECLARATION NO.
2004-01, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS A
THRU R; AND SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL.
Mayor Buckley closed the public hearing at 8:06 p.m.
Agenda Item No. \ .4- .
page~Of~
.....",
,- Page Seventeen - City Council Minutes - March 23, 2004
FINDINGS -GENERAL PLAN AMENDMENT
,-
1. The proposed General Plan Amendment will not be; a) detrimental to the
health, safety, comfort or general welfare of the persons residing or working
within the neighborhood of the proposed amendment or within the City, or
b) injurious to the property or improvements in the neighborhood or within
the City.
The proposed General Plan Amendment has been analyzed relative to its
potentiality to be detrimental to the health, safety, comfort and welfare of
the persons residing or working within the neighborhood of the proposed
amendment. The primary issue identified by staff relates to the traffic
impacts of the proposed density. Staff, concluded, based on the Traffic
Impact Report, that the Level of Service for the intersections in the Study
Area will not be degraded as a result of this project. .
2. The"proposed General Plan Amendment will permit reasonable development
of the area consistent with its constraints and will make the area more
compatible with adjacent properties.
The Proposed General Plan Amendment will allow the applicant to develop
the site with the proposed density of 11.25 Dwelling Units/net acre and will
in turn bring about a site more compatible with the first phase of the
Condominium Project, designated "Multi-family Residential".
3. The proposed General Plan Amendment would establish a land use density
and usage more in character with the subject property's location, access, and
constraints.
The proposed General Plan Amendment would establish a density more in
conformance with the recently approved 84-unit condominium project to the
north of the subject site. Additionally, the proposed project site would be in
close proximity of any necessary services needed by persons residing in the
proposed condominium community.
4. The proposed General Plan Amendment will not have a significant effect on
the environment.
,.....
Agenda Item No. 1 ' ~,
page~Of~
Page Eighteen - City Council Minutes - March 23, 2004
~
The proposed General Plan was included within the description of the
project's Initial Study. Based on the Initial Study, staff intends to adopt a
Mitigated Negative Declaration, which concluded with mitigations that the
project will not have a significant effect on the environment.
FINDINGS - ZONE CHANGE
1. The proposed zone change will not be; a) detrimental to the health, safety,
comfort or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the City, or b) injurious
to the property or improvements in the neighborhood or within the City.
The proposed Zone Change has been analyzed relative to its potentiality to
be detrimental to the health, safety, comfort and welfare of the persons
residing or working within the neighborhood of the proposed amendment.
The primary issue identified by staff relates to the traffic impacts of the
proposed density. Staff, concluded, based on the Traffic Impact Report, that
the Level of Service for the intersections fn the Study Area will not be
degraded as a result of this project.
~
2. The proposed action will be consistent with the Goals, Objectives, and
Policies of the General Plan and the development standards established with
the Lake Elsinore Municipal Code (LEMC).
Based on its analysis, staff has concluded that the requested amendment to
the General Plan Land Use Map and the corresponding Zone Change,
allowing the development of the subject condominium project is consistent
with GOAL 1.0 of the General Plan Housing Element, obligating the City to
provide "decent housing opportunities and a satisfying living environment
for residents of Lake Elsinore ".
Agenda Item No. t t~ '
Page ~ <6 of~
"""
~ Page Nineteen - City Council Minutes - March 23, 2004
FINDINGS - CONDOMINIUM SUBDIVISION
1. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan. The proposed
subdivision is compatible with the objectives, policies, general land uses
and programs specified in the General Plan (Government Code Section
66473.5).
The project as designed assists in achieving the development of a well-
balanced and functional mix of residential, commercial, industrial, open
space, recreational and institutional land uses (GOAL 1.0, Land Use
Element) as well provide decent housing opportunities and a satisfying
living environmentfor residents of Lake Elsinore (GOAL 1.0, Housing
Element)
r-
2. The effects this project 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.
Considering the effects this project is likely to have upon the needs of the
region a condition of approval was implemented which would require the
applicant to enter into an agreement with the Redevelopment Agency of the
City of Lake Elsinore, providing 15% of the units in the project as
affordable housing units in accordance with the requirements of Section
33413(b) of the California Community Redevelopment Law or an
alternative equivalent action which may include (without limitation)
dedication of vacant land, construction of affordable units on another site,
or payment of an in lieu fee calculated to provide sufficient funds to
underwrite the long-term affordability of an equivalent number of
affordable dwelling units constructed or substantially rehabilitated on other
sites within the City's redevelopment project areas.
~
3. Subject to the attached conditions of approval, the proposed project is not
anticipated to result in any significant environmental impact.
Agenda Item No. l. ~ ~
page~of~
Page Twenty - City Council Minutes - March 23,2004
'--'
The project has been adequately conditioned by all applicable departments
and agencies and will not therefore result in any significant environmental
impacts.
FINDINGS - DESIGN REVIEW
1. The project, as approved, will comply with the goals and objectives of the
General Plan and the Zoning District in which the project is located.
The proposed Residential Design Review located within Assessor Parcel
Number(s) 363-240-002, 003, 004, 008, 009 and 016 complies with the
goals and objectives of the General Plan, in that the approval of this
Condominium Community will assist in achieving the development of a
well-balanced and functional mix of residential, commercial, industrial,
open space, recreational and institutional land uses as well as encouraging
industrial land uses to diversify Lake Elsinore's economic base.
....,
2. The project complies with the design directives contained in Section
17.82.060 and all other applicable provisions of the Municipal Code.
The proposed Residential Design Review located at Assessor Parcel
Number(s) 363-240-002, 003, 004, 008, 009 and 016 is appropriate to the
site and surrounding developments in that the Condominium project has
been designed in consideration of the size and shape of the property,
thereby creating interest and varying vistas as a person moves along the
street. Further the project as proposed will complement the quality of
existing development and will create a visually pleasing, non-detractive
relationship between the proposed and existing projects in that the
architectural design, color and materials and site design proposed evidence
a concern for quality and originality.
Agenda Item No.
1 ~ I
.....,
Page ?-.. () of ~
/"". Page Twenty-One - City Council Minutes - March 23, 2004
3. Subject to the attached Conditions of Approval, the proposed project is not
anticipated to result in any significant adverse environmental impacts.
Pursuant to the California Environmental Quality Act (CEQA), the
proposed Residential Design Review located at Assessor Parcel Number(s)
363-240-002, 003, 004, 008, 009 and 016, as reviewed and conditioned by
all applicable City Divisions and Departments and Agencies, will not have
a significant effect on the environment pursuant to attached Conditions of
Approval.
",--...
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning
Code, including guarantees and evidence of compliance with conditions,
have been incorporated into the approval of the subject project to ensure
development of the property in accordance with the objectives of Chapter
17.82.
Pursuant to Section 17.82.070 (Action of the Planning Commission) of the
Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design
Review located at Assessor Parcel Number(s) 363-240-002, 003, 004, 008,
009 and 016 has been scheduled for consideration and approval of the
Planning Commission.
/""
FINDINGS-MITIGATED NEGATIVE DECLARATION
1. Revisions in the project plans or proposals made by or agreed to by the
applicant before a proposed mitigated negative declaration and initial study
are released for public review would avoid the effects or mitigate the effects
to a point where clearly no significant effects would occur; and
The applicant has made revisions to the project or has agreed to specific
conditions which would avoid the effects or mitigate the effects of the
project to a point where no significant effects would occur. Additionally,
the State Clearinghouse acknowledged that the Draft Mitigated Negative
Declaration complied with the review requirements and that no state
agencies submitted comments by the closing date (February 18, 2004).
Agenda Item No. l <t '
page~Of~
Page Twenty-Two - City Council Minutes - March 23, 2004
'-lflii
2. There is no substantial evidence, in the light of the whole record before the
agency, that the project as revised may have significant effect on the
environment.
Pursuant to the evidence received in the light of the whole record presented
to staff the project will not have a significant effect on the environment
considering the applicable Conditions of Approval and Mitigation
Monitoring Program.
CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO.
2003-03, ZONE CHANGE NO. 2003-02, TENTATIVE CONDOMINIUM
MAP NO. 31532, RESIDENTIAL DESIGN REVIEW NO. R 2003-15,
CONDITIONAL USE PERMIT NO. 2003-08 AND MITIGATED
NEGATIVE DECLARATION NO. 2004-01 FOR THE "LAKE ELSINORE
CITY CENTER TOWNHOMES" PHASE II.
"""'"
GENERAL CONDITION
1. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Official, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Official, Officers,
Employees, or Agents to attach, set aside, void, or annul an approval of the
City, its advisory agencies, appeal boards, or legislative body concerning
the Tentative Condominium Map, which action is brought within the time
period provided for in California Government Code Sections 65009 and/or
66499.37, and Public Resources Code Section 21167. The City will
promptly notify the Applicant of any such claim, action, or proceeding
against the City and will cooperate fully with the defense. If the City fails
to promptly notify the Applicant of any such claim, or proceeding, the
Applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City.
Agenda Item NO.~ · ~,
Page 1~ of fi
"""'"
/""'. Page Twenty-Three - City Council Minutes - March 23, 2004
2. Prior to the issuance of the first building permit, the applicant shall annex
into Community Facilities District No. 2003-1 to offset the annual negative
impacts of the project on public safety operations and maintenance issues in
the City.
GENERAL PLAN AMENDMENT NO. 2003-03
3. Conditions for the General Plan Amendment shall be the same conditions as
set forth and required by Tentative Condominium Tract No(s) 31531 and
31532.
4. No park credit will be allowed under this project for recreation facilities.
Park fees will remain at $1,450.00 per unit.
/""'
ZONE CHANGE 2003-02
5. The applicant shall enter into an acceptable impact mitigation agreement
with the Lake Elsinore School District prior to issuance of building permits
for the project.
TENTATIVE CONDOMINIUM MAP NO. 31532
6. The Tentative Condominium Map will expire two (2) years from date of
approval unless within that period of time the CC&R's and an appropriate
instrument has been filed and recorded with the County Recorder, or an
extension of time is granted by the City of Lake Elsinore City Council in
accordance with the Subdivision Map Act.
7. The Tentative Condominium Map shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of
the Lake Elsinore Municipal Code, Title 16 unless modified by approved
Conditions of Approval.
/""'
Agenda Item NO.J . ~ .
Page --.:tiof II
Page Twenty-Four - City Council Minutes - March 23, 2004
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8. Prior to final certificate of occupancy of Tentative Condominium Map, the
improvement~ specified herein and approved by the Planning Commission
and the City Council shall be installed, or agreements for said
improvements, shall be submitted to the City for approval by the City
Engineer, and all other stated conditions shall be complied with. All
uncompleted improvements must be bonded for as part of the agreements.
9. Prior to issuance of a grading permit, the applicant shall prepare and record
CC&R's against the condominium complex. The CC&R's shall be
reviewed and approved by the Community Development Director or
Designee and the City Attorney. The CC&R's shall include methods of
maintaining common areas, parking and drive aisle areas, landscaped areas
including parkways, and methods for common maintenance of all
underground, and above ground utility infrastructure improvements
necessary to support the complex. In addition, CC&R's shall established
methods to address design improvements. ....."
1 O.No unit in the development shall be sold unless a corporation, association,
property owner's group or similar entity has been formed with the right to
financially assess all properties individually owned or jointly owned which
have any rights or interest in the use of the common areas and common
facilities in the development, such assessment power to be sufficient to meet
the expenses of such entity, and with authority to control, and duty to
maintain, all said mutually available features of the development. Such
entity shall operate under recorded CC&R's which shall include compulsory
membership of all owners of lots and/or dwelling units and flexibility of
assessments to meet changing costs of maintenance, repairs, and services.
Recorded CC&R's shall permit enforcement by the City for provisions
required as Conditions of Approval. The developer shall submit evidence
of compliance with this requirement to, and receive approval of, the City
prior to making any such sale. This condition shall not apply to land
dedicated to the City for public purposes.
Agenda Item NO.--1. r '
Page~of~
....."
r"' Page Twenty-Five - City Council Minutes - March 23, 2004
II.Provisions to restrict parking upon other than approved and developed
parking spaces shall be written into the covenants, conditions and
restrictions for each project.
I2.Membership in the Home Owner's Association shall be mandatory for each
buyer and any successive buyer.
I3.Reciprocal covenants, conditions, and restrictions and reciprocal
maintenance agreements shall be established which will cause a merging of
all development phases as they are completed, and embody one (1)
homeowner's association with common area for the total development of the
subject project (Phase I) and the proposed project (Phase II).
I4.In the event the association or other legally responsible person(s) fail to
/"'""' maintain said common area in such a manner as to cause same to constitute
a public nuisance, said City may, upon proper notice and hearing, institute
summary abatement procedures and impose a lien for the costs of such
abatement upon said common area, individual units or whole thereof as
provided by law.
I5.Each unit owner shall have full access to commonly owned areas, facilities
and utilities.
16. The applicant shall comply with those mitigation measures identified in the
Mitigation Monitoring Program adopted with the Mitigated Negative
Declaration No. 2004-01 prepared for the Lake Elsinore City Center
Townhomes" Phase II reference as the "project" herein.
PRIOR TO CERTIFICATE OF OCCUPANCY
17. The applicant shall provide all project-related onsite and offsite
improvements as described in the Elsinore City Center Specific Plan and
Amendment No. 1 document.
/"'""'
Agenda Item NOo_\' .r I
page~of~
Page Twenty-Six - City Council Minutes - March 23, 2004
......,
RESIDENTIAL DESIGN REVIEW NO. 2003-15
18.Design Review approval for Residential Design Review No. 2003-15 will
lapse and be void unless building permits are issued within one (1) year of
City Council approval. The Community Development Director may grant
an extension of time of up to one (1) year per extension, prior to the
expiration of the initial Design Review approval. Application for a time
extension must be submitted to the City of Lake Elsinore one (1) month
prior to the expiration date.
19.Conditions of Approval shall be reproduced on page one of building plans
submitted to the Building Division Plan Check. All Conditions of Approval
shall be met prior to the issuance of a Certificate of Occupancy and release
of utilities.
20.The" dwelling units are multi-story, without elevators, and therefore are ......,
exempt from accessibility requirements. The site, Sales Office, parking and
common use areas will be obligated to meet the requirements of Chapter 11
of the California Building Code.
2I.All site improvements approved with this request shall be constructed as
indicated on the approved site plan and elevations. Revisions to approved
site plans or building elevations shall be subject to the review of the
Community Development Director. All plans submitted for Building
Division Plan Check shall conform to the submitted plans as modified by
Conditions of Approval, or the Planning Commission/City Council through
subsequent action.
22.All roof mounted or ground support air conditioning units or other
mechanical equipment incidental to development shall be architecturally
screened or shielded by landscaping so that they are not visible from
neighboring property or public streets. Any material covering the roof
equipment shall match the primary wall color.
Agenda Item No.--I it:-
Page ;Lb Of~
...."
~
Page Twenty-Seven - City Council Minutes - March 23, 2004
23.All exterior on-site lighting shall be shielded and directed on-site so as not
to create glare onto neighboring property and streets or allow illumination
above the horizontal plane of the fixture. All light fixtures shall match the
architectural style of the building.
24.Allloading zones shall be clearly marked with yellow striping.
25.Applicant shall meet Americans with Disabilities Act (ADA) requirements.
26. Trash enclosures shall be constructed per City standards as approved by the
Community Development Director or Designee.
27.No exterior roof ladders shall be permitted.
~
28.Applicant shall use roofing materials with Class "A" fire rating.
29.All exterior downspouts shall be concealed or architecturally screened and
painted to match the exterior color of the building.
30. The Planning Division shall approve the location of any construction trailers
utilized during construction. All construction trailers shall require a cash
bond processed through the Planning Division.
31.Materials and colors depicted on the plans and materials board shall be used
unless modified by the Community Development Director or designee.
32.Decorative paving shall be included at the drive entryways and shall be
shown on the construction drawings submitted to Building and Safety.
33.0n-site surface drainage shall not cross sidewalks.
~
34.Parking stalls shall be double-striped with four-inch (4") lines two feet (2')
apart.
Agenda Item NO.~
page~of~
Page Twenty-Eight - City Council Minutes - March 23,2004
-.....;
35.The applicant shall be required to submit for Planning Commission
consideration a sign program prior to issuance of building permits.
36.All exposed slopes in excess of three feet (3') in height shall have a
permanent irrigation system and erosion control vegetation installed,
approved by the Planning Division.
PRIOR TO BUILDING/GRADING PERMITS
37.Prior to issuance of any grading permit or building permits, the applicant
shall sign and complete an "Acknowledgement of Conditions" form and
shall return the executed original to the Planning Division for inclusion in
the case records.
38.The applicant shall submit a photometric study for those light standards
located in the proposed condominium project. Said study shall ensure that -.....;
parking lot lights will not disturb neighboring land uses and shall be
approved by the Community Development Director or designee.
39.Prior to the commencement of grading operations, the applicant shall
provide a map of all proposed haul routes to be used for movement of dirt
material. Such routes shall be subject to the review and approval of the City
Engineer. A bond may be required to pay for damages to the public right-of
-way, subject to the approval of the City Engineer.
40.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be
submitted, reviewed and approved by the City's Landscape Architect
Consultant and the Community Development Director or designee, prior to
issuance of building permits. A Landscape Plan Check & Inspection Fee
will be charged prior to final landscape approval based on the Consultant's
fee plus forty percent (40%) City fee.
Agenda Item No. \ I ~ I
Page JSS of ~
-.....;
~
Page Twenty-Nine - City Council Minutes - March 23, 2004
a. All planting areas shall have permanent and automatic sprinkler
system with 100% plant and grass coverage using a combination of
drip and conventional irrigation methods.
b. Applicant shall plant street trees, selected from the City's Street Tree
List, a maximum of forty feet (40) apart and at least twenty-four-inch
(24 ") box in size.
c. All planting areas shall be separated from paved areas with a six inch
(6") high and six inch (6") wide concrete curb.
d. Planting within fifteen feet (15') of ingress/egress points shall be no
higher than thirty-six inches (36").
,.-....
e. Landscape planters shall be planted with an appropriate parking lot
shade tree to provide for 50% parking lot shading in fifteen (15)
years.
f. Any transformers and mechanical or electrical equipment shall be
indicated on landscape plan and screened as part of the landscaping
plan.
g. The landscape plan shall provide for ground cover, shrubs, and trees
and meet all requirements of the City's adopted Landscape
Guidelines. Special attention to the use of Xeriscape or drought
resistant plantings with combination drip irrigation system to be used
to prevent excessive watering.
"......
h. All landscape improvements shall be bonded 100% for material and
labor for two years from installation sign-off by the City. Release of
the landscaping bond shall be requested by the applicant at the end of
the required two years with approval/acceptance by the Landscape
Consultant and Community Development Director or Designee.
Agenda Item NO.--1 ' ~ r
page~ofll
Page Thirty - City Council Minutes - March 23, 2004
.....""
i) All landscaping and irrigation shall be installed within affected
portion of any phase at the time a Certificate of Occupancy is
requested for any building. All planting areas shall include plantings
in the Xeriscape concept, drought tolerant grasses and plants.
j) Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to include planting and irrigation details.
4l.Applicant shall comply with the requirements of the Elsinore Valley
Municipal Water District. Proof shall be presented to the Chief Building
Official prior to issuance of building permits and final approval.
42.Prior to issuance of building permits, applicant shall provide assurance that
all required fees to the Lake Elsinore Unified School District have been
p ai d. .....""
43.Prior to issuance of building permits, applicant shall provide assurance that
all requirements of the Riverside County Fire Department have been met.
44.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in
effect at time of building permit issuance.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
45. The applicant shall enter into an agreement with the Redevelopment Agency
of the City of Lake Elsinore to pay $1. 30 per square foot of residential
development in the project to the Agency's Low and Moderate Income
Housing Fund to be used by the Agency to satisfy the inclusionary housing
requirements of Section 33413 of the Community Redevelopment Law.
The agreement shall be in such a form as required by Agency counsel and
shall be submitted to the Redevelopment Agency for approval.
Agenda Item Noo_l.\:..
Page 30 of ~
-.....""
~
Page Thirty-One - City Council Minutes - March 23, 2004
46. The applicant shall submit for review and approval an updated acoustical
study which shall evaluate and analyze the current sound levels. Further,
the applicant shall implement appropriate methods of construction necessary
(i.e. sound walls and landscaping) which would insure that the future
residents of this proposed community experience noise levels consistent
with the City of Lake Elsinore General Plan.
47.The Home Owner's Association shall be established prior to the oeeupaoey
sale release of the first dwelling unit. Amended per the Planning
Commission on January 20, 2004.
ENGINEERING
~
48.All 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.
49.The developer shall submit a condominium plan as part of the final map
which will show individual lots and air space, and provide for common
areas. The condominium plan shall be approved prior to final map approval.
50.Applicant shall dedicate sufficient land along the frontage of Grape St. to
provide for a right-of-way width of 100 feet for a major street.
51.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution
85-26). The traffic mitigation fee is $50,280, Railroad Canyon Road
assessment fee is $87, 906, the T.U.M.F. amount is $276, 420. There is no
drainage fee.
52.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.
~
53.Construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engiqeef prior to
Agenda Item No. l- ~,
page~of(, 9
Page Thirty-Two - City Council Minutes - March 23, 2004
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final map approval (LEMC 16.34).
54.Street improvement plans and specifications shall be prepared by a Calif.
Registered Civil Engineer. Improvements shall be designed and constructed
to Riverside County Road Department Standards, latest edition, and City
Codes (LEMC 12.04 and 16.34).
55.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.
56.Applicant shall obtain any necessary Caltrans permits and meet all Caltrans
requirements.
57.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).
58.All compaction reports, grade certifications, monument certifications (with
tie notes delineated on 8 ~" X 11 II Mylar) shall be submitted to the
Engineering Division before final inspection of public works improvements
will be scheduled and approved.
59.Applicant shall obtain all necessary off-site easements for off-site grading
from the adjacent property owners prior to final map approval.
60.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.
61.Provide fire protection facilities as required in writing by Riverside County
Fire.
Agenda Item NO._t I ~ r
Page 3:tof ~
......"
,-.... Page Thirty-Three - City Council Minutes - March 23, 2004
62.Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
63.Developer shall install blue reflective pavement markers in the street at all
fire hydrant locations.
64.Applicant shall submit a traffic control plan showing all traffic control
devices for the tract to be approved prior to final map approval. 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.
,-....
65.All 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.
66.All utilities except electrical over 12 kv shall be placed underground, as
approved by the serving utility.
67.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.
68.Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
69.An Alquis-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site.
,-....
Agenda Item NO.J. l~'
Page ?>~ Of~
Page Thirty-Four - City Council Minutes - March 23, 2004
......,
70.All grading shall be done under the supervision of a geotechnical engineer
and he shall certify all slopes steeper than 2 to 1 for stability and proper
erosion control. All manufactured slopes greater than 30 ft. in height shall
be contoured.
71.1ndividuallot 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.
72.0n-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.All natural drainage traversing site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City Engineer. ......,
74.Submit Hydrology and Hydraulic Reports for review and approval by City
Engineer and the Riverside County Flood Control District prior to approval
of final map. Developer shall mitigate any flooding and/or erosion caused
by development of site and diversion of drainage.
75.All drainage facilities in this tract shall be constructed to Riverside County
Flood Control District Standards.
76.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.
77 .Roof and yard drains will not be allowed to outlet through cuts in the street
curb. Roof drains should drain to a landscaped area when ever feasible.
78.Applicant will be required to install BMP's using the best available
technology to mitigate any urban pollutants from entering the wp;tershed.
Agenda Item NOo_\ \T ' '---'
Page BOfll
"" Page Thirty-Five - City Council Minutes - March 23, 2004
79.Applicant shall obtain approval from Santa Ana Regional Water Quality
Control Board for their storm water pollution prevention plan including
approval of erosion control for the grading plan prior to issuance of grading
permits. The applicant shall provide a SWPPP for post construction which
describes BMP's that will be implemented for the development and include
maintenance responsibilities.
80.Education guidelines and Best Management Practices (BMP) shall be
provided to residents of the development in the use of herbicides, pesticides
and vehicle maintenance as well as other environmental awareness
education materials on good housekeeping practices that contribute to
protection of storm water quality and meet the goals of the BMP in
Supplement "A" in the Riverside County NPDES Drainage Area
Management Plan.
""
81.Applicant shall provide first blush BMP's using the best available
technology that will reduce storm water pollutants from parking areas and
driveway aisles.
82.Intersection site distance shall meet the design criteria of the CAL TRANS
Design Manual (particular attention should be taken for intersections on the
inside of curves). If site distance can be obstructed, a special limited use
easement must be recorded to limit the slope, type of landscaping and wall
placement. The developer's civil engineer shall verify the site distance for
Street "A" prior to grading permit.
83.Developer shall provide a traffic study prepared by a traffic engineer to
determine the traffic volume and the impacts on intersections in the vicinity
and freeway on and off ramps prior to final map approval, subject to the
approval of the City Engineer.
""
84.The entrance driveway aisle should be designed so that at least 40 ft. is
available between the street curb and the first parking stall and the gate
opener in order to provide adequate on-site storage for entering vehicles.
Agenda Item NO.J l ~.I
Page 3 50f ~
Page Thirty-Six - City Council Minutes - March 23, 2004
.....,
85.Street vacations offsite need to be accomplished with the development of
this site. The street vacations must be approved by the adjacent property
owners when their access is being affected by the street vacation. Offsite
dedications for new streets must be acquired prior to approval of the street
vacations. Street abandonment's cannot land lock parcels or provide a new
access; which is not practicable and is based on a reasonable accessibility
determination to the satisfaction of the City.
86.Before the street vacations can be approved, offsite grading must be
approved by the adjacent property owner for grading the new streets.
87. The sight distance at the intersection of A St. and Grape St. must meet the
Caltrans Design Manual criteria for a 55 mph design speed on Grape Street.
88.The street width of the new dedicated Sunrise Drive shall be 36 ft. from
curb to AC berm with a 4 ft. parkway on the northeast side of the street. .....,
89.There shall be a standard Riverside County Road Dept. knuckle constructed
on Sunrise Drive.
90.Street A shall have a 60 ft. R/W and 40 ft. curb to curb from Grape St. to the
condo driveway. Street A shall have standard curb returns at the intersection
with Grape Street.
91.The cul-de-sac at the end of the existing Sunrise Drive shall be in
conformance with Riverside County Road Dept. Standards and the
temporary cul-de-sac on Sunrise Drive must meet Riverside County Fire
Dept. approval.
92.Developer shall obtain from TM 31531 an easement for a 24 ft. minimum
wide emergency access to its eastern tract boundary, subject to the approval
of the Riverside County Fire Department. The Developer shall enter into an
agreement with the owner of the adjacent property to the east to provide for
the construction of said emergency access to the satisfaction of the City
Agenda Item No. l, ..\-r
page~Of~
.....,
~ Page Thirty-Seven - City Council Minutes - March 23, 2004
Engineer. The agreement shall be recorded prior to Occupancy of the first
building unit.
93.If right-of-way is abandoned as part of this development, then adjacent
property affected by the abandonment's must still have access to public
maintained right-of-way.
94. The final map shall show the abandonment of dedications of public right-of-
way or easements by appropriate certifications on the map.
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95.In accordance with the City's Franchise Agreement for waste disposal &
recycling, the applicant shall be required to contract with CR&R Inc. for
removal and disposal of all waste material, debris, vegetation and other
rubbish generated during cleaning, demolition, clear and grubbing or all
other phases of construction.
COMMUNITY SERVICES DEPARTMENT
96. The applicant shall pay park fees of $1 ,450 per unit.
97. The applicant shall participate in the City of Lake Elsinore Landscape
Lighting Maintenance District (LLMD).
98.The Home Owner's Association shall maintain all interior landscaping,
slopes, drainage swales, retention areas, and roadways.
99.No park credits shall be allowed for the proposed tot lots and swimming
pool.
100. The Home Owner's Association shall maintain all landscape improvements
along Grape Street as it relates to the frontage of the development.
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101. All exterior walls to be masonry block with anti-graffiti coating. The Home
Owner's Association shall remove all graffiti as it occurs.
Agenda Item No. \. \.\- /
page~Of~
Page Thirty-Eight - City Council Minutes - March 23, 2004
.......,
102. The applicant shall meet all City requirements for the recycling and removal
of construction debris and materials.
103. The applicant shall comply with all NPDES requirements for urban storm
water runoff.
RIVERSIDE COUNTY FIRE DEPARTMENT
104. The applicant shall comply with the requirements of the Riverside County
Fire Department. Fire protection measures shall be provided in accordance
with Riverside County ordinances and/or recognized fire protection
standards.
105. Blue retro-reflective pavement markers shall be mounted on public streets
and driveways to indicate location of fire hydrants. Prior to installation,
placement of markers shall be approved by the County Fire Department. .......,
CONDITIONAL USE PERMIT NO 2003-08
106. The Conditional Use Permit approved herein shall lapse and shall become
void one (1) year following the date on which the use permit became
effective, unless prior to the expiration of one year, a building permit is
issued and construction commenced and diligently pursued toward
completion on the site.
107. The Conditional Use Permit shall comply with all applicable requirements
of the Lake Elsinore Municipal Code; Title 17 unless modified by approved
Conditions of Approval.
108. The Conditional Use Permit granted herein shall run with the land and shall
continue to be valid upon a change of ownership of the site or structure
which was the subject of this approval.
Agenda Item No. L..c I
Page ~~ Of~
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.~
Page Thirty-Nine - City Council Minutes - March 23, 2004
109. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Official, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Official, Officers,
Employees, or Agents to attach, set aside, void, or annul an approval of the
City, its advisory agencies, appeal boards, or legislative body concerning
the Conditional Use Permit/Design Review C 2003-07, which action is
brought forward within the time period provided for in California
Government Code Sections 65009 and/or 66499.37, and Public Resources
Code Section 21167. The City will promptly notify the Applicant of any
such claim, action, or proceeding against the City and will cooperate fully
with the defense. If the City fails to promptly notify the Applicant of any
such claim, or proceeding, the Applicant shall not, thereafter, be responsible
to defend, indemnify, or hold harmless the City.
.--- 110. Prior to final certificate of occupancy of the Conditional Use Permit, the
improvements specified herein and approved by the Planning Commission
and the City Council shall be installed, or agreements for said
improvements, shall be submitted to the City for approval by the City
Engineer, and all other stated conditions shall be complied with. All
uncompleted improvements must be bonded for as part of the agreements.
111. The applicant shall at all times comply with Section 17.78 (Noise Control)
of the Lake Elsinore Municipal Code which requires noise or sound levels
to be below 50 decibels between the hours of 7:00 am to 10:00 pm and
below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby
residential areas.
112. Security lighting shall be required. All exterior on-site lighting shall be
shielded and directed on-site so as not to create glare onto neighboring
property and streets or allow illumination above the horizontal plane of the
fixture.
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Agenda Item NO.~
page~ofM
Page Forty - City Council Minutes - March 23, 2004
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BUSINESS ITEMS
31. Second Reading - Ordinance No. 1116 - Public Safety Advisory
Commission.
City Manager Watenpaugh noted the past consideration of this Ordinance
for reestablishment of the Commission; and commented that this was the
revised draft, but there were several items to be corrected. City Attorney
Leibold clarified that prior to the first approval there was a modification to
Section 2.46.040 for the designation of the Chairman, but it was not
clarified as to other sections of the Ordinance. She noted a typographical
error in section 2.46.030; and clarified that in section 2.46.050, the Vice
Chairman's term would run until July 1,2006, except Chairmanship and
Vice-Chairmanship would run until December 31, 2004.
Councilman Schiffner recommended that Section 2.46.060, paragraph e, be ""
rewritten that the "Commission shall report to the City Council on a regular
basis, and all recommendations shall be forwarded to the City Council for
consideration. Mayor Buckley clarified that the person chosen for the
position of Vice Chairman would be the short term.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT
ORDINANCE NO. 1116 UPON SECOND READING AS MODIFIED.
ORDINANCE NO. 1116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, REPEALING SECTION 2.46 OF THE LAKE
ELSINORE MUNICIPAL CODE AND ADOPTING A NEW
SECTION 2.46 RELATING TO THE PUBLIC SAFETY ADVISORY
COMMISSION.
UPON THE FOLLOWING ROLL CALL VOTE:
Agenda Item No.'ll ~ '
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Page LJ() Of~
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,,-.., Page Forty-One - City Council Minutes - March 23, 2004
AYES:
COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
City Attorney Leibold indicated that the Ordinance would be effective thirty
days from today.
32. Acceptance of Planning Commission Resignation - John Barnes.
,......
City Attorney Watenpaugh noted the resignation as presented by John
Barnes who was relocating outside the City. He indicated that the Council
had the opportunity to reappoint to the position or send out applications for
the position.
Councilman Hickman inquired if Mr. Barnes had moved. City Attorney
Leibold noted that his letter said he would be leaving effective April 9th.
Councilman Magee thanked Mr. Barnes for his public service and
sensitivity to the community; and noted that there was a sensitive project on
the April 6th Planning Commission agenda. He expressed concern with the
potential for a lame duck Commissioner to participate in that discussion,
noting there was no disrespect intended. He inquired if the Laing Homes
project would be on the April 6th agenda. City Manager Watenpaugh
indicated that he was not aware of it being scheduled at this point.
---
Councilman Schiffner commented that he had no sensitivity on the issue of
Mr. Barnes voting on such a project, as he had been on the Commission for
several years with this project on the books. He suggested that Mr. Barnes
Agenda Item NO.~ ~r
Page .:1Lof li
Page Forty-Two - City Council Minutes - March 23, 2004
'"
probably had more information on the item than most people, and stressed
that he was not sensitive to him voting on the project.
Mayor Buckley commented that Commissioner Barnes had done a very
good job, but concurred that there was sensitivity. He noted that the actual
term would have ended on June 30t\ and staff would be going out with the
advertisement in the next couple of weeks for applications. He questioned
the point of making a short term appointment at this time.
Mayor Pro Tern Kelley concurred that there was no point to appoint
someone for two months. Councilman Schiffner commented that everyone
was aware that Mr. Barnes was not going to apply again, and suggested
waiting for the term to end. Mayor Pro Tern Kelley thanked Mr. Barnes for
his eight years on the Commission; noting that he was honest and did his
homework. She thanked him for his commitment and commented that she
was' sorry to see him go. She suggested going through the normal process '"
of interviews.
Councilman Magee supported leaving the position vacant until the term
expIres.
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ACCEPT THE
RESIGNATION WITH THANKS AND LEAVE THE POSITION OPEN
UNTIL THE REGULAR REPLACEMENT PROCESS.
Councilman Hickman commented that if Laing Homes was on the agenda,
maybe it could be the second meeting in April.
Councilman Magee suggested that if it was on that meeting, Mr. Barnes
should use his professionalism and discretion to do the best for the City.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
Agenda Item NO._\ l ~ (
page~Of~
'"
'" Page Forty-Three - City Council Minutes - March 23, 2004
33. Ordinance No. 1118 - Amending Municipal Code Section 6.04.020 -
Animal Control Fee Schedule of the Lake Elsinore Municipal Code
regarding Animals and Animal Control Officers.
City Manager Watenpaugh noted that Animal Friends were meeting with all
of the cities and have requested consistency with the fees charged.
Community Services Director Sapp explained the Ordinance which would
amend the Municipal Code to make the fees consistent with other
communities, specifically for unaltered dogs.
~
Paula Graver, 218 Ellis Street, indicated that she had no problem with
raising fees for altered animals. She indicated that her two dogs were
unaltered and the fee was $50 per year; and noted that she didn't mind
paying that. She questioned if there was a way to give people a break for
buying a three year license, or for service pets. She noted that most people
with service pets could not afford big fees, and suggested giving them a
discount.
Mayor Buckley questioned the fees for service animals such as seeing eye
dogs. Kris Anderson, representing Animal Friends, confirmed there was a
break for service animals and for pets of senior citizens. Mayor Buckley
questioned the charge for unaltered animals for three years. Ms. Anderson
clarified that the higher cost was because unaltered dogs had a higher
tendency to be aggressive and get out. She indicated that the Board could
consider a reduction for the three year license, but would need to offer it to
all of the other cities as well. She noted that seeing eye dogs were only
registered.
Mayor Pro Tern Kelley reiterated that the goal of this item was to bring the
City into compliance with the other cities.
'"
Councilman Hickman inquired how much it would cost to have a dog
altered. Ms. Anderson indicated that the prices varied, but~~r were
Agenda Item No. \ f '
Page Y.3 of Co q
Page Forty-Four - City Council Minutes - March 23, 2004
....,
working with Ramona Animal Shelter, which was charging $45 for dogs
and $20 some for cats; and noted that vets based the price on the weight of
the animal. Councilman Hickman questioned the ability of the public to
use the Ramona Animal Shelter. Ms. Anderson indicated that she believed
they could, but they take the animals en-mass. She noted that people could
receive subsidies to assist with the cost of altering. Councilman
Hickman commented that there was no reason to not to alter animals.
Councilman Schiffner noted that clinics sometimes offer alteration at no
charge. Ms. Anderson confirmed, noting that the County and City of
Riverside had set-aside funds for spay and neuter. Councilman Schiffner
commented that there were incentives to have dogs altered.
Councilman Magee thanked the Animal Friends representatives for being
present; and noted their work in the community. He indicated that their
staff was always responsible, punctual and polite; and their representatives ....,
cared about what they were doing and the animals they were caring for.
MOVED BY MAGEE, SECONDED BY KELLEY TO ADOPT
ORDINANCE NO. 1118, UPON FIRST READING BY TITLE ONLY:
Councilman Hickman commented that there were a lot of beautiful animals
at the shelter needing homes.
ORDINANCE NO. 1118
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING SECTION 6.04.020 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING ANIMAL CONTROL
FEE SCHEDULE.
UPON THE FOLLOWING ROLL CALL VOTE:
Agenda Item No. l, ~,'
pagellOf~
'""'"
,..- Page Forty-Five - City Council Minutes - March 23,2004
AYES:
COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
Councilman Hickman inquired if this item would require two readings. City
Attorney Leibold confirmed that there would be a second reading and 30
days later the ordinance would go into effect.
'"
34. Ten Year Extension for Tree Trimming Agreement - West Coast Arborists.
Parks & Open Space Manager Fazzio explained this item, noting that they
had used the same contractor for the last five years; and indicated that in
that time they had always been professional. He advised that this extension
would lock in the prices for ten years at $41 per tree; for an overall saving
of$17,000 or more over the term of the contract. He noted that they also
maintained an inventory of the City trees they maintained, which would be
accessible to staff and the public in the future. He further noted that every
year West Coast Arborists send staff to participate in the children's fair and
provide free boom rides for the kids.
Councilman Hickman noted he liked this agreement because there was a
thirty day termination clause both ways, and the agreement would lock in
prices to save some money. He indicated that they would actually
computerize the trees, so citizens could find out when they will be trimmed
or request that they be trimmed. He indicated that like the road program, it
was a step in the right direction.
"..--.
Councilman Schiffner clarified that this price also included palm trees.
Agenda Item No. \ ;; f
Page Ll S; of~
Page Forty-Six - City Council Minutes - March 23, 2004
'-'
Parks & Open Space Manager Fazzio confirmed. Councilman Schiffner
noted that the costs for trimming palm trees was generally higher. Parks &
Open Space Manager Fazzio reconfirmed that this price would apply to all
trees.
Councilman Magee noted that as part of the recent policy, the contract
would be reviewed annually for performance and the Council would be able
to review it. City Manager Watenpaugh confirmed.
Mayor Pro Tern Kelley noted that this was a great deal.
Mayor Buckley noted that they were in the last year of a three year contract,
however there would be an annual review and one month notice to
terminate. He commented that the longer contract allowed for large savings.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED """
BY UNANIMOUS VOTE TO AUTHORIZE THE CITY MANAGER TO
EXECUTE THE AMENDMENT EXTENDING THE CITY'S TREE
MAINTENANCE AGREEMENT WITH WEST COAST ARBORISTS
THROUGH JUNE 30, 2014,WITH ALL OTHER PROVISIONS
REMAINING THE SAME.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:28
P.M.
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:43
P.M.
35. Records Access/Copy Expense.
City Manager Watenpaugh commented that this item was another
opportunity to amend existing policy regarding records requests. He
explained that the request for printing was unauthorized and as City
Manager he had no authority to waive that cost. He suggested that since
Agenda Item NO.~ l"c r
Page L[ b of II
"""
/""". Page Forty-Seven - City Council Minutes - March 23, 2004
this involved an elected official, the Council might want to modify its
policy. He noted that the Municipal Code stipulates that this would come
to Council before the request was made.
Chris Hyland, 15191 Wavecrest, commended Mr. Weber for getting
documents for neighborhood citizens. She noted that she was a document
collector as well; and commented on her ability to obtain staff salaries until
the City Attorney told her she could not have them, so she had to go to
Senator Haynes for assistance. She commended Mr. Weber for thinking
about the citizens and taxpayers. She indicated that as a taxpayer she didn't
feel Mr. Weber needed to pay anything.
,r-
City Treasurer Weber thanked Mrs. Hyland for her support and noted his
concerns with the Summerhill bond issue and the large increase in taxes.
He noted that the City held two meetings to address the citizen concerns,
and'there was a group trying to track exactly what happened due to the
overlap. He indicated that it was a complex puzzle and they were trying to
find the hidden charges, but they could not get the material, so he was
making copies on Main Street. He noted that the merchant was going to
charge the material to City Hall, and it was a surprise to him that he could
not put those items on the City bill. He commented that he ran for office on
looking at bond debt and bond issues to inform everyone. He stressed his
interest in letting people know what was going on with the bonds. He
commented that $400 was a little high, but he went to the local printer.
He indicated that next time he would come before the Council first and then
go to a larger place that is more in turn with high volume copying. He
indicated that he does not waste money and is very frugal. He commented
that it was an honest mistake in his efforts to better inform the citizens. He
indicated that in the last reissue of bonds, $835,000 was spent on lawyers,
consultants and underwriters, and no dollars were spent to inform the people
what took place.
/"""
Councilman Schiffner indicated that he was not so concerned about the
$400, but the City Manager had no alternative without a change in the
Agenda Item NOo_\ t ~ r
Page~of~
Page Forty-Eight - City Council Minutes - March 23,2004
'-'
policy. He suggested that it was too soon to change policy, but his
objection was that he did it at all. He commented that the information was
given to one of the most vocal who got an explicit explanation.
City Treasurer Weber noted that he had given them the information prior to
the bond meeting, so they had the information already. Councilman
Schiffner commented that it was very well explained. City Treasurer
Weber commented on his time and the time spent by Mr. Pressey on this
topic. He noted that his resources went to Harvard and worked with bonds
for 25 years at Merrill-Lynch.
City Manager Watenpaugh clarified that his only issue was if the Council
wanted to change the policy, and he was not asking about the bond issues.
He indicated he would provide the information at City Hall, at no charge for
review. He indicated that this policy would be discussed with others on
Thursday.
'-'
Councilman Magee indicated that the City Treasurer had called him over the
weekend to accept responsibility, explain his actions and apologize for not
requesting permission first; and agreed to pay the City back for the charges.
He explained that the Treasurer did this to help residents who have access to
City Hall only four days a week during regular business hours; and noted
that commuters are shut out of City Hall. He commented that he makes his
personal documents available upon request, and Mr. Weber attempted to
bridge the gap between City Hall and the citizens. He denounced Mr.
Weber's approach in this instance, but indicated that he was shocked to find
the item on the agenda, when there is a study session in two days on policy
and the City Treasurer. He contrasted this consideration with the vacancy
on the Nuisance Abatement Committee, that has not yet made it to the
agenda. He commented that it was important to remember that Mr. Weber
did not take this action to benefit himself, but rather to inform the public.
He noted that in the early 1990' s when the Redevelopment Agency had
money, they did low interest loans to merchants to improve businesses on
Main Street; and a Councilmember took advantage of that loan, but the loan
was never repaid
Agenda Item No.
L~,
'-'
page~ofll
/"""
Page Forty-Nine - City Council Minutes - March 23,2004
and there was never a public hearing on that item. He indicated that staff
was tasked with enforcing policy, and the Treasurer broke the policy and
agreed to pay the money back. He stressed that Mr. Weber's intentions
were pure, and offered $100 in assistance toward the bill.
/"""
Mayor Pro Tern Kelley commented that this was a tough situation, as it
behooved the Council to make sure as much information as possible is
available to the public through e-mails, counter copies, and library copies.
She further commented that the Council had set policy, which was to be
followed or the job was negated. She stressed that when people are elected
they need to seek information, ask questions and check policy. She stressed
that the concern was not with the intention or the copies that were made, but
that the action went outside adopted policies, for an unauthorized
expenditure of taxpayer dollars. She noted that a Councilmember would be
sacrificed for doing the same thing. She commented that while she knew
Mr. .Weber had the best of intentions, he did not meet the responsibility of
asking first. She stressed that this was an unauthorized expenditure and she
could not support paying it.
Councilman Hickman commented that he had been on the Council 2 and Y2
years and did not know the policy existed, and would have done the same
thing. He indicated that it was just an over zealous error and the City
should pay the money. He commented that the City Manager could handle
it how he wanted, as his time was running out. He suggested that more was
wasted on a $15,000 wall at the Stadium. He indicated that if the matter
was not resolved, he would give Mr. Weber $100 as well. Mayor Pro Tern
Kelley questioned adherence to policy. Councilman Hickman indicated that
policy could be bent. Mayor Pro Tern Kelley disagreed.
~
Mayor Buckley noted that on Thursday, the City Council would have a
study session on the role of the City Treasurer and the Policy Manual; and
this probably should have waited. He commented that the policy is pretty
clear on printing, and while he has never personally had something printed,
it was important to give the public the information. He suggested with a
Agenda Item No. l \ ~,
page~Of~
Page Fifty - City Council Minutes - March 23, 2004
....,
precedent like this there could be hundreds of dollars of printing costs. He
concurred that in his mind it was interesting to see it appear on the agenda.
He indicated that Mr. Weber did the right thing for absolutely the right
reasons, but he was not in favor of the City eating the costs. He further
indicated that he was in favor of addressing it again on Thursday, in favor of
a strong treasurer, in favor of the public getting information and in favor of
City Hall being open more than four days a week. He commented that he
would like everything at the library at all times for review; and indicated
that he was in favor of making sure that Mr. Weber did not bear the burden
alone. He indicated that he would cover $200 of the costs.
MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO DIRECT STAFF TO INVOICE MR. WEBER
FOR THE COSTS.
Councilman Hickman noted that he seconded the motion, since the funds .......,
had been offered for payment.
36. Memorial Honoring Bill "Whiskers" Tucker.
City Manager Watenpaugh noted that Mrs. Tucker and her Daughter-in-Law
were present at this meeting, and he had shared with her the Council's
concern that any recognition for Whiskers be acceptable to the family.
Linda Tucker and Jerry Tucker thanked the Council for consideration of this
memorial. Mayor Buckley inquired which spot they would prefer to have
designated. Mrs. Tucker indicated that he loved the catfish cove, and that
would be very suitable for him. City Manager Watenpaugh clarified the
location as the south cove between the island and the levee. Mayor
Buckley noted that he went fishing with him in that area, and inquired if the
cove would be suitable. Mrs. Tucker confirmed.
Councilman Schiffuer suggested that it might be appropriate to make some
representation of Whiskers on the plaque, but he would not want to offend
Agenda Item NO.--1L
Page~() Of~
.....,
r"
Page Fifty-One - City Council Minutes - March 23, 2004
the family. Mrs. Tucker indicated that they would not be offended, and
expressed support.
Mayor Buckley suggested a large rock with the plaque attached. City
Manager Watenpaugh suggested the possibility of a design with a relief of
Whiskers in addition to appropriate verbiage. Mrs. Tucker noted that
Whiskers was loving this discussion, and anything would be fine.
Mayor Pro Tern Kelley concurred that this was a great idea.
Councilman Magee requested that whatever was designed be reviewed with
the family.
r"-
Mayor Buckley concurred that the area should be dedicated Tucker Cove,
with staff instructed to design a plaque, run it by the family, have it placed
and 'set up an unveiling.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO DEDICATE TUCKER COVE, AND INSTRUCT
STAFF TO DESIGN A PLAQUE, REVIEW IT WITH THE FAMILY,
PLACE IT AND SET UP AN UNVEILING CEREMONY.
Mrs. Tucker thanked the Council for this consideration and recognition.
37. Amendment to Land Development Agreement. Temporary Land Transfer
Agreement and Irrevocable Escrow Instructions with Wasson Canyon
Investments. L.P.
r"
City Attorney Leibold eXplained that this item was for implementation of a
work out agreement approved in November, 2003. She indicated that the
property was part ofCFD 90-3 which has been upside down for years. She
noted that this was the last troubled CFD, and this with the companion piece
should resolve the outstanding delinquencies. She reiterated that the
Agenda Item NO.--t .t- I
pageS I Of~
Page Fifty-Two - City Council Minutes - March 23, 2004
""""'"
Council, in November, approved the waiver of certain penalties and interest.
She indicated that to date Wasson Canyon had complied with the terms and
made the additional payment; and noted that the next payments were
scheduled in 2005 and 2007. She explained that as part of the agreement
the County agreed to some waivers as well; and this would allow for a
temporary land transfer to enable the County to waive certain penalties and
interest, with the City releasing its lien of special taxes, and the developer
paying the funds in 2005, instead of2007. She noted that a 15% discount
would be assessed for the earlier payment; but the City would receive about
$732,400.
Councilman Hickman noted that this related to a 1993 bond for a CFD in
the amount of $4 million and change. He explained that the builder only got
about half of that amount, and nothing was ever done; but now the City will
recoup almost $755,000, and instead of the land sitting vacant, this could
help' move things forward.
""""'"
City Treasurer Weber questioned if there were CFD's in 1990. Mayor Pro
Tern Kelley noted that this related to a CFD in 1993. Administrative
Services Director Pressey noted that the first CFD was in 1988, and there
were three in 1990. City Treasurer Weber noted that the Summerhill issue
was in 1993.
City Attorney Leibold noted that the CFD was a bare land CFD that was
later pooled and was now the last to come out of the work out.
Councilman Schiffner commented that the City would get some money out
of this to go into the debt payment on the CFD's. City Manager
Watenpaugh confirmed. Councilman Schiffner noted that this was clearing
some property for development as well, and he was happy to see it moving
forward. He commented that this left only one small piece in default and he
was in favor of moving forward.
Agenda Item NO._\ t ~ r
PagS~ of II
""""'"
,........ Page Fifty-Three - City Council Minutes - March 23, 2004
Mayor Pro Tern Kelley stressed that this was the last piece of the financial
plan initiated in 1997, and it was really nice to see it finally just about done.
She indicated that she was glad it was moving forward.
Councilman Magee had no comments on this item.
Mayor Buckley commented that this was a good thing, as there was this
piece and one more piece remaining as part of the old CFD. He noted that
the other piece would be back to Council very soon, for a similar action. He
stressed that this would produce money for debt reduction and capital for
improvements. He suggested that one of the debt reductions could be on the
Summerhill CFD.
,........
Councilman Schiffner noted that the debt reduction could be for some of the
property owners in the CFD.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED
BY UNANIMOUS VOTE TO APPROVE THE FIRST AMENDMENT TO
THE LAND DEVELOPMENT AGREEMENT, THE TEMPORARY LAND
TRANSFER AGREEMENT AND THE IRREVOCABLE ESCROW
INSTRUCTION, SUBJECT TO ANY MINOR MODIFICATIONS AS MAY
BE APPROVED BY THE CITY ATTORNEY, AUTHORIZED THE
MAYOR TO EXECUTE THE DOCUMENTS, AUTHORIZED THE
MAYOR TO EXECUTE THE QUITCLAIM DEED SUBSTANTIALLY AS
SET FORTH IN THE TEMPORARY LAND TRANSFER AGREEMENT
AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE
CERTIFICATE OF ACCEPTANCE.
38.
Lake Elsinore Management Plan.
,........
City Manager Watenpaugh explained that the permitees for this item had
requested that it be removed from the agenda and brought back to the April
6th Planning Commission and 23rd City Council Meetings. He explained
Agenda Item Noo_l (f (
Page~~ of~
Page Fifty-Four - City Council Minutes - March 23,2004
......,
that this would defer the matter until the Council reviews the other
amendments an applications.
Edith Stafford, 29700 Hursh, addressed this item and called on the Council
to take a good look at the project, because she could not imagine who would
ever plan to build homes and schools in an unsafe Priolo Zone. She
questioned who would take on a liability like that, with the potential for
liquefaction in the Priolo Zone. She suggested that the Water District
would also do a careful review. She suggested that homes and schools were
planned to pad a bigger bond issue. She suggested that there must be an
ulterior motive for this project.
Ron Hewison, 35 Villa Valtelena, indicated that he attended the Water
Board meeting on this issue last week and it was very informative. He
commented that he did not have enough information to support or oppose
it, but suggested that it needed a lot more discussion at the public dias. He ......,
indicated that he was glad they had requested that the item be pulled.
Councilman Magee noted that the applicant Mr. Filler was present and had
provided a letter this afternoon requesting that the item be pulled. He
indicated that he met with Mr. Filler and he recognizes the baggage with
this project, as the only thing that has resulted so far is lawsuits. He
indicated that Mr. Filler was trying to shake the ghosts of the past, and was
very sensitive to what happened with the CFD at the last meeting. He
commended Mr. Filler for his sensitivity to the community and noted it
would be a complex and important decision. He suggested that the project
did not need to be clouded with decisions such as this item before the land
use decision was made.
MOVED BY MAGEE, SECONDED BY SCHIFFNER TO CONTINUE THIS
ITEM TO THE SPECIFIC PLAN CONSIDERATION.
Mayor Buckley indicated that he was going to make such a motion, prior to
the builder deciding to pull the item. He indicated that it was putting the
Agenda Item NO.~
page~Of~
'-'
r" Page Fifty-Five - City Council Minutes - March 23, 2004
cart before the horse, to approve a 404 permit, based on factors not yet
approved. He commented that he had discussed the matter with Mr. Smith
at the Corps of Engineers, and he too was confused on the issue. He noted
that he was glad to see that the builder had pulled the item, and commented
that it was due to the concerns after the last meeting on the CFD. He
suggested that there might be other concerns motivating the pulling of this
item.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
39.
Multi-Species Habitat Conservation Plan Update.
r"
City Attorney Leibold noted the verbal update on the MSHCP provided at
the last meeting, and the experiences shared by Councilman Schiffner after
attending a meeting and being denied the City's participation in votes. She
note'd the settlement between the County and Murdock and ongoing
discussions with Murdock. She indicated that as of the last meeting, the
City had not received any comment from member agencies of the RCA in
response to the January 14th approval. She commented that the City Council
had expressed its frustration with the process and requested proposed
correspondence for signature by the Mayor. She explained that there was a
letter requesting consideration, and a second letter to the County
Supervisors. She noted that a subsequent letter was received from the
Supervisors offering to meet to resolve the remaining issues. She indicated
that she had prepared a draft letter for Council's consideration in response.
City Treasurer Weber questioned if there was money for the fees that would
be paid on the habitat plan, noting that the lawyers were doing a lot of work.
He stressed that there would be an extra bill on the legal eases of the plan,
and he was not sure there was enough money.
,.--
Mayor Buckley commented that it would cost some money, but if the
MSHCP documents were adopted as drafted the City would not have paid
Agenda Item No. \ L ..\=',
Page ~~Of~
Page Fifty-Six - City Council Minutes - March 23, 2004
..",
anything. He indicated that the Council did make the change request, which
included good ideas and had a responsibility to pay for it.
Councilman Magee noted that it was the City's responsibility to assist, but
the County made several promises and needed to meet the City half way.
He suggested that the letter received from the Supervisors was a step in the
right direction and the two letters drafted by the Attorney were excellent,
with the minor changes requested by the Mayor. He requested one more
change on the second letter in the second to last paragraph. He indicated
that he would like to, with Council concurrence, establish a point person
being the City Manager, with the County designating Richard Lashbrook,
since he made the commitments. He indicated that he did not believe the
County should be able to hide under the RCA and pretend this did not
happen. He suggested this would also take away any confusion as to who to
speak to.
..",
City Attorney Leibold indicated that was a good suggestion which could be
incorporated in the letter; and noted that as time had passed the action had
left a void and the finger-pointing had started.
Councilman Schiffner concurred it was probably a good idea, to designate
the appropriate people for discussion. Mayor Buckley noted that the County
had offered two Supervisors, Legal Counsel and Staff for a meeting.
Councilman Hickman suggested when the meeting was held, they needed to
review the projects that were exempt and be assured about the acreage. He
suggested working with Ed Sauls to follow through with the positive
points.
Councilman Schiffner noted that work was ongoing to make the City part of
the MSHCP, and stressed the need to be part of the association before other
issues were addressed.
Agenda Item NOo_l. ~ '
Page 5~ of to <{
..",
--- Page Fifty-Seven - City Council Minutes - March 23, 2004
Mayor Kelley wished staff well in working with the County and indicated
that she did not anticipate much flexibility on their part. She noted that her
impression was that they would say take it or leave it. She concurred with
the designation of a point person, but stressed that they had said the RCA
was in control.
Councilman Schiffner noted that some supervisors had already said take it
or leave it, but others had not, and wanted the City to join very badly.
,-....
Mayor Buckley noted changes to page 5 of 35 with the deletion of the
second sentence in the second paragraph; and page 35 of 35 eliminating
"with extra voting power". He questioned calling on other member
agencies to agree, or respond. City Attorney Leibold clarified that the
proposed changes had been shared with the attorneys for the other agencies;
and they were being shared more broadly with the committee appointees.
Mayor Buckley expressed concern with the first letter that said a response
was necessary. City Attorney Leibold offered to reword the letter; and
clarified that it was not possible to unilaterally revise the agreement, as the
changes would have to be made by all of the members.
Mayor Buckley noted the letter on page 34 of35, and indicated that
Supervisors Tavaglione's name was misspelled, but noted that it was also
misspelled in the County letter to the City.
Councilman Schiffner commented that the existing voting system was the
weighted voting and that would be the system used, when efforts are made
to get them to vote for the changes. He noted that they specifically brought
that to his attention at the last meeting; and commented that they were doing
a pretty strong sell.
---
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY
UNANIMOUS VOTE TO AUTHORIZE THE LETTERS TO GO OUT AS
AMENDED, WITH THE MAYOR'S SIGNATURE; DIRECT THE CITY
Agenda Item No. t~1
Page~~ of~
Page Fifty-Eight - City Council Minutes - March 23, 2004
......"
ATTORNEY OR HER DESIGNEE TO ATTEND THE NEXT MEETING
WITH COUNCILMAN SCHIFFNER.
Mayor Buckley noted that the Council was proceeding as best possible with
the MSHCP, but there was no question the County and RCA could do a far
better job and had promised to do so.
ITEMS PULLED FROM THE CONSENT CALENDAR
4. Resolution of Intention to Establish Community Facilities District No.
2004- 1 (City Center Townhomes) - Resolution Nos. 2004-18 & 2004-19.
Councilman Hickman indicated that he pulled this item to provide
information to the public. He stressed the fiduciary responsibility of the
City, and the need to finance a facility and incur bonded indebtedness. He
suggested that this district should be closer to $2 million, but he was assured '-'
it would come back to the Council with a further breakdown on the figures.
City Treasurer Weber suggested having the amount of cost to each
homeowner if there were no bond issues; and stressed the need to be sure of
the cost. He suggested giving the Council a choice of CFD vs. no CFD,
based on the housing costs. He commented that decisions should be made
based on what is best for the people. He indicated that it was difficult to go
through the paperwork when people buy a house and they don't know what
they are getting into.
Mayor Buckley noted that people now had the option of prepaying
everything, but concurred with Mr. Weber that those details might be
missed with lots of paperwork. He indicated that it was important to make
sure the real estate people had very clear documentation, including the
prepayment option. City Manager Watenpaugh noted that Mr. Weber's
issues had been brought up to Administrative Services Director Pressey and
the financial advisors. City Treasurer Weber expressed concern with the
Agenda Item NO.~
'-tII'
Page 58' of n
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Page Fifty-Nine - City Council Minutes - March 23, 2004
overall cost and the costs built in for consultant fees and lawyers. He
suggested that people were already strapped by going into a CFD.
Councilman Hickman reiterated that his only concern was that when the
district came back, he wanted an itemized breakdown on where the money
was gomg.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION OF INTENTION NO.
2004-18 TO ESTABLISH CFD 2004-1 (CITY CENTER TOWNHOMES),
ADOPT RESOLUTION OF INTENTION NO. 2004-19 TO INCUR BONDED
INDEBTEDNESS AND SCHEDULE THE PUBLIC HEARING ON THE
DISTRICT FORMATION FOR APRIL 27, 2004.
----
RESOLUTION NO. 2004-18
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE TO ESTABLISH CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1
(CITY CENTER TOWNHOMES).
RESOLUTION NO. 2004-19
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS
IN THE AMOUNT NOT TO EXCEED $5,000,000 WITHIN THE
PROPOSED CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2004-1 (CITY CENTER
TOWNHOMES).
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:39
P.M.
----
Agenda Item NO._\ l \ r
page-~ Of~
Page Sixty - City Council Minutes - March 23, 2004
"""'"
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:43
P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Edith Stafford, 29700 Hursh Street, indicated that she had some questions for the
manager. She questioned why he interfered with her lawsuit by accepting a check
from the defendant; and suggested he should know that an outsider does not
interfere with a lawsuit. She indicated that the lawsuit was filed and went through
mediation, and an agreement was made to pay the plaintiff the full amount of
money; but there was some confusion and the money was split up to the attorney
and the City. She stressed that the City was not a participant in the lawsuit, so it
should not have accepted a check directly form the defendant in a lawsuit. She
stressed that it was her lawsuit, and indicated that yesterday her attorney had to
take time out to try to resolve this problem which was not yet resolved. She also
questioned where the check was, and if it had been deposited, and when it was ......,
deposited. She suggested that the City Manager be reprimanded for interfering in
lawsuits.
Paula Graver, 218 Ellis, noted her son was in Baghdad right now, and kept her
informed whenever anything happened. She thanked the rally participants for
their assistance. She advised that she had been named the sponsor director for
Frank Rose in this area; and was seeking sponsors for travel costs. She read a
presidential proclamation for Woman's History Month, March, 2004.
Ron Hewison, 35 Villa Valtelena, reminded the Council that he spoke on January
2ih, and indicated that his comments were inaccurately recorded in the minutes
with regard to Lusk, Brehm, Pulte. He stressed that items were missing that he
wanted included in the public record with regard to his personal lot and Canyon
Lake's ability to get more delays. He noted that he mentioned that this matter
should be an agenda item and it had not been on the agenda yet. He suggested
that most people would be awed by the detail and a study session might be
preferable. He requested that the minutes of January 27th be amended to reflect his
Agenda Item NOo_\ .+-.'
Page be) Of~
"""'"
,........
Page Sixty-One - City Council Minutes - March 23,2004
comments and the true public hearing, without being shortened to suit the public
record. He noted that the bond information presented was difficult to understand,
without the full book in front of him. He requested that Councilman Schiffner sit
forward to speak into the microphone, so the public could hear him. He
commented that the Thursday night meeting would be about the Treasurer and
policies; but noted that ethics would also be discussed and indicated that he would
appreciate full coverage of that topic.
Pete Dawson, 18010 Grand, indicated that he would discuss the continuing story
of the Lake. He noted that the summer season coming and with the price of
gasoline so high, boaters would traditionally choose a closer lake. He presented a
photo from the newspaper taken in January, noting that the air was 34 degrees and
the water a bit warmer, so there should not have been an algae bloom on the Lake.
He noted the green cast to the water in the photograph and indicated that this was
,........ the second year with this phenomena. He suggested that this was generally a
factor when the air temperature was 100 degrees. He indicated that no clean well
water was going into the Lake, but there was high nutrient water entering the
Lake. He indicated that the community could not afford the publicity of an algae
bloom this summer. He stressed that the treated water was to be blended with
well water and natural sources, but water was being diverted from Canyon Lake
for Water District use. He stressed the importance of avoiding an algae bloom this
summer.
,........
Dawn Oakes, 29019 Avocado Way, noted that her area was quickly becoming a
suburban neighborhood, and indicated that they had an extreme health hazard.
She commented that the Mayor and Council were not aware of the problem, but as
a citizen she called the SCAQMD, and they had been in her back yard and
proclaimed an imminent health hazard. She detailed the respiratory conditions it
impacted and suggested that it was from more than development and dirt bikers,
such as the vehicles with licenses that were using the land inappropriately. She
indicated that she had canvassed the City, and Woodside had not met their
responsibilities. She indicated that there were dirt particles and dangerous spores
in the air. She noted that even Councilwoman Kelley was exposed to the hazard
daily, when she was at work. She indicated that there was an epidemic of asthma
Agenda Item NO._\ (...G r
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Page Sixty-Two - City Council Minutes - March 23,2004
~
attacks and detailed the respiratory problems experienced in her neighborhood.
She further indicated that there was a noise pollution issue from the motorcycles
and quads being ridden in the area. She commended Captain Walsh and the Police
Department on their efforts, and noted her multiple calls to the Sheriff s
Department. She commented that the situation had aggravated a stress condition
preventing her from working her job at McDonalds. She stressed the serious
nature of this problem and indicated that the developers needed to close off the
land. She questioned who she could go to, to seek correction of the noise and air
pollution. She indicated that she was being forced to leave the City for recreation
due to the aggravation of her asthma and sinus conditions. She indicated that she
had spoken with the principal at Rice Canyon Elementary, the Sheriff s
Department and heard from Mayor Buckley and Councilman Magee in response to
her concerns. She noted that Mrs. Kelley had tried to contact her. She
acknowledged Carol Gordon and Frederick Ray for their efforts to assist her. She
indicated that she would not shut up until the air was clean and she could sleep in
on Saturdays. She indicated that similar problems were happening in Tuscany ~
Hills and Canyon Hills. Mayor Buckley noted that Ms. Oakes lives in the Centex
area.
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1)
Addressed Mrs. Stafford regarding interference in her lawsuit and
read the letter of transmittal that arrived with the check from
Giardinelli & Associates. He indicated that the check was deposited
on January 26th, receipt no. 2484, per the direction from the attorney.
He commented that if he violated something, he was not aware of it.
He suggested that the bank probably had the check. City Attorney
Leibold noted that this lawsuit was a qui tam and the plaintiff brought
the suit in the name of the City. She explained that the City elected
not to intervene, but under the law the City shares in any settlement.
She stressed that the City received and deposited the check per the
settlement agreement.
Agenda Item No. \ \:~ '
pagel,~ of~
~
..--...
Page Sixty-Three - City Council Minutes - March 23, 2004
2) Commented to Ms. Graver that he was glad her son was o.k.; and
noted that he had two surrogate sons there as well.
3) Indicated that he would check with the City Clerk to correct the
Minutes for Mr. Hewison. He indicated that staff had just finished
the chronology on the Lusk property and he would be happy to bring
it back to a study session or Council meeting.
4) Clarified that the notices for the Thursday meeting include only two
items, as four would have been too lengthy. He indicated that the
meeting would deal with the Treasurer and City policies, which were
felt to be the most critical issues. He commented that the other topics
would be discussed later.
..--...
5)
Addressed Mr. Dawson, noting that Councilman Magee shared his
concerns; and he had requested a response on the pilot project. He
indicated that a letter would be going out to Mr. Young at the Water
District for response.
6) Addressed Ms. Oakes and indicated that he knew Community
Development Director Brady had called and the Sheriff s Department
was acting on the City's behalf with Code Enforcement. He indicated
that staff got in touch with the AQMD representative and the major
piece of property was being discussed with the City and the School
District to preclude the dust issues. He indicated that staff would get
back to Ms. Oakes with potential assistance.
7) Noted that comments were circulating that Costco had left town
again, but stressed that they were moving forward; and noted that
Home Depot had their plans submitted and Lowes was moving
forward and paying fees.
..--...
Agenda Item NOo_) I .~ '
Page ~.? of 11
Page Sixty-Four - City Council Minutes - March 23, 2004
,.",.,
CITY ATTORNEY COMMENTS
No Comments.
COMMITTEE REPORTS
No Reports.
CITY COUNCIL COMMENTS
Mayor Pro Tern Kelley had no comments.
Councilman Hickman commented on the following:
1)
Noted the presence of Linda Tucker at this meeting and noted that
donations could still be sent to her at P. O. Box 33, Lake Elsinore,
92531.
....,
2) Indicated that he attended the Support the Troops Rally and heard
Frank Rose sing, pure old time country.
3) Noted that as RDA Chair he had been putting pressure on people and
found they had not received the information on the bond debt issues.
He indicated that he had requested that people be given certain
sections and they had not received them.
4) Indicated that he needed a list of what the City owns, and would like
to see action.
5) Requested that City Treasurer Weber be added to the RDA
committee e-mail to receive the notes.
6)
Noted an asthmatic child in the Tuscany Hills area, and indicated
that the developer would water the project hourly to k~ep ft1~ dust
Agenda Item No. l ( \- .
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Page Sixty-Five - City Council Minutes - March 23,2004
down. He expressed understanding of Ms. Oakes problems and
indicated that he would do whatever was possible.
Councilman Schiffner commented on the following:
1) Addressed the e-mail received from Ms. Oakes and indicated that he
turned it over to the City Manager, so he did not feel it necessary to
contact her personally. He stressed that the Council did not direct
anyone to do anything, but he was sure the City Manager was
following through.
Councilman Magee commented on the following:
1)
Addressed the settlement of the Molendyk case, and indicated that he
could understand where a member of the public would be skeptical
about what he had done. He indicated that the lawsuit and results
were a testament to that. He indicated that he had reviewed the
material and discussed with the City Manger and Finance, and
believed the check had been deposited and cashed and the City had
the money. He commented that if there was a logistical problem, it
could not be blamed on the City; however if there was a problem
there would be legal recourse at the expense of Mr. Molendyk, not the
City. He suggested that if none of that happened he wanted to know
about it, as that was another issue for which action would be taken.
~
2) Commented on the Nuisance Abatement Committee and indicated
that he requested that it be placed on the next available agenda to fill
that position. He indicated that he would like the Council to be
considering an appropriate appointee and advise the Mayor of any
suggestions. He also suggested that interested members of the public
contact City Hall to state their interest.
~
Agenda Item NO.--1 ' {:
Page 6) of li
Page Sixty-Six - City Council Minutes - March 23,2004
'"""
3) Indicated that he was contacted by a mining inspector who wanted to
meet with City inspectors and noted that he would provide the name
and numbers.
4) Noted that he represented the City at the Student of the Month
Program, and was very impressed by the Students and the support of
the Business Community for this program. He commented that the
event made him feel good about the town.
5)
Addressed Ms. Oakes and indicated that he took her complaint very
seriously, and indicated that he was in the area yesterday after school
hours and could see why she was concerned. He noted that with
regard to the Sheriff s Department he had passed her compliments on
to them and noted that the problem was an attraction for off-road
activity. He indicated that the Mayor was in discussion with the
developer and might be able to work something out. He noted that
there was no water truck on site, but the AQMD had citation ability
for fugitive dues. He commented that with respect to Forecast
Homes, he did not think there was a policy they had not violated. He
noted that Ms. Oakes had been in contact with Mr. Strickland who
indicated that the level of dust was an immediate health hazard. He
further noted that he had asked staff to find out why citations were
not issued. He stressed that Mr. Strickland was tasked with protecting
the quality of life and air quality; and noted that there was no
hesitation in issuing a citation to a closed business on a Sunday, for
steam coming from a compost pile.
.....,
6) Expressed appreciation to Mr. Hewison for going over the Minutes,
and indicated he was embarrassed that he did not pick up the
omission. He indicated that he was passing on an e-mail to staff,
from Mr. Hewison regarding construction hours on the Pulte Homes
site. He noted that they were starting work too early.
Agenda Item NO._\ ~{ r
Page ~Of~
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,.-- Page Sixty-Seven - City Council Minutes - March 23, 2004
7) Announced as the appointee to RCTC, that the Commission was
going to be setting up a grant program for pedestrian and bicycle
projects. He noted that there would be over $1 million in that fund,
and suggested discussion of the project near the outflow channel. He
noted that he would pass the information on to City staff.
8) Indicated that he was going to ask the City Manager to address the
concerns presented by Mr. Dawson, and expressed appreciation for
his willingness to forward a letter to Mr. Young on the three part
water that was to be going into the Lake.
9)
Indicated that over the past 12 years he and Supervisor Buster had a
stormy relationship, but today found something to agree on, being the
selection of Gina Bennett to serve on the Emergency Medical
Response Committee.
,.......
Mayor Buckley commented on the following:
1) Encouraged Ms. Oakes to continue to work with staff and AQMD;
and noted the parcel of land behind her. He indicated that he had e-
mailed her concerns to the owner of the property. He noted that from
a previous discussion, he knows that they do not like the bikes out
there either, but there is a problem with gating the area until the
School District dealt with the parking issues. He expressed hopes
that gating the area would help, and indicated that it should not be a
problem for much longer.
2) Noted that he was with the Valley Group in Washington, D.C. last
week and would be preparing a memo to staff and Council on their
efforts.
3)
Indicated that he would be preparing a memo on an idea he had for
the creation of a committee on electoral reform to work with the City
,.--
Agenda Item No. 1. ~ '
Page VI of &~
Page Sixty-Eight - City Council Minutes - March 23, 2004
....."
Clerk and the City Attorney, to look at the current electoral system
and address possible changes such as moving the date of the elections
to the on-year cycle, a fixed system for appointments to all
commissions, election by district, directly elected mayor, and
tightening the campaign reporting standards. He stressed that this
committee would specifically not be a committee to look at the
potential of a charter, as that idea had been maligned and needed a lot
more public education. He indicated that he would draw up a report,
hopefully by April 1 st, before the next agenda comes out. He
suggested that the Council members have someone ready to appoint.
4) Noted the Study Session on Thursday, March 25th at 5 p.m. regarding
policies and the City Treasurer role.
5) Announced the following upcoming events:
......,
March 2ih - Cruise Night - Downtown
April 2nd - Flashlight Easter Egg Hunt - Community Center
April3rd - Household Hazardous Waste Collection - City Yard
April 3rd - City-Wide Clean-up Day
April 4th - Open Air Market - Downtown
April 8th - Opening Day at Petco Park
April 9th - Start of Storm Baseball
April 10th - Children's Fair & Egg Hunt - McVicker Park
April 10th - Special Olympics Event - Creekside Park
Agenda Item No. \ I~ f
Page \it of ~
.....,
,,-.... Page Sixty-Nine - City Council Minutes - March 23,2004
ADJOURNMENT
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT
10:20 P.M.
THOMAS BUCKLEY, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
",.... ,
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
,-..
Agenda Item No. \. + '
page~of~
MINUTES
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PLANNING COMMISSION MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
TUESDAY, MARCH 16,2004
Chairman LaPere called the Regular Planning Commission Meeting to order at 6:01 PM.
Vice Chairman Uhlry led the Pledge of Allegiance.
ROLLCALL
PRESENT: COMMISSIONERS:
LAPERE, O'NEAL, BARNES, AND UHLRY
ABSENT: COMMISSIONERS:
MATTHIES
/""
Also present were: Director of Community Development Brady, Planning and Code
Enforcement Manager Villa, Engineering Manager Seumalo, Senior Planner Morita, Associate
Planner Miller, Associate Planner Preisendanz, Associate Planner Coury, Office Specialist Porche'
and Deputy City Attorney Steve Miles.
PUBLIC COMMENTS
None
CONSENT CALENDAR
MOVED BY O'NEAL, SECONDED BY UHLRY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT
CALENDAR.
Minutes
1. March 02, 2004.
PUBLIC HEARINGS
,,-..,
None
AGENDA ITEM NO.~
" PAGE-L. OF J ~
PAGE 2 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
BUSINESS ITEMS
~
2. Miscellaneous Design Review of Canyon Hills Fire Station Misc. No. 2004-01, Pardee
Construction.
Commissioner Barnes stated that due to a conflict of interest, he would need to excuse
himself from this portion of the meeting at 6:02 PM.
Chairman LaPere requested the reading of the Staff Report.
Director of Community Development Brady indicated that this is a Design Review for the
new fire station to be located in Canyon Hills, and requested Senior Planner Morita to
review it with the Commission.
Senior Planner Morita indicated that the new fire station would be located within the
Canyon Hills Specific Plan, along Railroad Canyon Road, southwest of Canyon Hills Road.
He stated that the fire station complex would be constructed on a 2.8-acre site and that the
project consists of a 6,253 square foot fire station and would include a separate smaller
storage structure. He indicated that the fire station would be designed with Craftsman
architectural features and treatments, including deep roof over hangs and dormers, with
stone ledger rock veneers. He stated that 23 parking spaces would be provided, including
one handicapped space. He stated that the fencing would be wrought iron, and would be
insta~ed along Railroad Canyon Road for security.
.......,
Senior Planner Morita indicated that the proposed improvements would include traffic
signals located on both sides of Railroad Canyon Road.
Senior Planner Morita stated that the Pardee Homes would dedicate the fire station property
to the City. He stated that the Community Facilities District 2003-02 would fund the
construction of the fire station complex and off site roadway improvements, and the
provision of the fire equipment and vehicles. He indicated that the City-Wide Community
Facilities District for Police, Fire, and Paramedics (CFD 2003-01) would fund the operations
and maintenance of the fire station.
Senior Planner Morita noted that Staff recommends approval of this project, and
recommends that the Planning Commission approve and adopt a Resolution, based on the
Findings, Exhibits, and is subject to the Conditions of Approval. He indicated that the
applicant is present to answer any comments that the Commission may have.
Chairman LaPere requested the applicant to approach the podium.
David Dunman, applicant with Pardee Homes, 5690 Mulberry Ridge Drive, Camarillo, CA
indicated that he would be available to answer any questions.
Chairman LaPere asked if he has read and agrees to the Conditions of Approval.
Mr. Dunman answered ''Yes''.
.......,
AGENDA ITEM NO.~,t'"'- PAGE-2. OF l .)
PAGE 3 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
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Jim Stringer, Pardee Homes, 1181 California Avenue, Corona, CA stated that he too agrees
to the Conditions of Approval.
There being no further comments from the Public, Chairman LaPere brought the discussion
back to the Commission for comments.
Vice Chairman Uhlry asked the applicant when is the projected opening date of the fire
station.
Mr. Dunman stated that they hope to open around October 2004.
Vice Chairman Uhlry asked if the fire station is similar to Statio,n 85, and could
accommodate a second engine.
Mr. G.V Salts, STK Architects, indicated that a third bay could be added to the design to
accommodate a second engine.
Vice Chairman Uhlry noted an error in the Staff Report, where it states that a Chief and two
fire personnel would staff the fire station. He indicated that the Staff Report should read
"Captain" and two fIre personnel.
~
Vice Chairman Uhlry had no further comments.
Commissioner O'Neal stated that he is glad to see the fire station moving forward. He
indicated that all looks good and had no further comments.
Chairman LaPere asked the applicant if Pardee is paying for the cost of the station, and
would it cover the costs of the engine.
Mr. Stringer indicated "Yes".
Chairman LaPere stated that the design of the fIre station looks very nice, and had no further
comments.
There being no further comments, Chairman LaPere, requested the reading of the
Resolution.
,......
MOVED BY O'NEAL, SECONDED BY UHLRY AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO.
2004-24, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL
APPROVAL OF M 2004-01, MISCELLANEOUS DESIGN REVIEW OF THE
CANYON HILLS FIRE STATION.
Commissioner Barnes returned to the meeting at 6:12 PM.
AGENDA ITEM NO. \ .'''' .
". PAGE J ~
PAGE 4 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
~
3. Sign Program Review No. 2004-02 for Pasadena Avenue Business Park (No. I 2002-
@
Chairman LaPere requested the reading of the Staff Report.
Director of Community Development Brady stated that this is a request for a Sign Program
for the Industrial Project No. 2002-02, and requested Associate Planner Miller to review it
with the Commission.
Associate Planner Miller indicated that the Sign Program is for the Pasadena Business Park,
located at Pasadena and Central Avenue. She stated that the Sign Program complies and
completes the requirements for the Conditions of Approval for the Industrial Project 2002-
02. She stated that the program includes general requirements for all signs and including
wall, window, and door signs.
Associate Planner Miller stated that Staff feels that the Sign Program provides detailed
information and recommends that the Planning Commission approve and adopt a
Resolution, based on the Findings, Exhibits, and is subject to the Conditions of Approval.
She indicated that the applicant could not attend the meeting.
Chairman LaPere requested comments from the Commission.
Cominissioner Barnes stated that he has no comments.
~
Commissioner O'Neal stated that he has no comments.
Vice Chairman Uhlry stated that he has no comments.
Chairman LaPere indicated that the project is well put together. He had no further
comments.
There being no further comments, Chairman LaPere requested the reading of the
Resolution.
MOVED BY BARNES, SECONDED BY O'NEAL AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO.
2004-25, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, APPROVING MINOR DESIGN REVIEW FOR A SIGN
PROGRAM 2004-02 FOR AN INDUSTRIAL COMPLEX (INDUSTRIAL NO.
2002-02) APN 377-130-042 TO 053.
4. Amendment No.1 to Residential Design Review No. R 2003-12 for two (2) new
duplexes located @ 307 N. Poe Street and 309 N. Poe Street.
Chairman LaPere requested the reading of the Staff Report.
~
AGENDA ITEM NO. \.~
, PAGE L-\ OF I S-
PAGE 5 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
".....
Director of Community Development Brady stated that this project is a request for two new
duplexes, and requested Associate Planner Preisendanz to review it with the Commission.
Associate Planner Preisendanz stated that this is an Amendment No. 1 to an originally
approved Residential Design Review No. 2003-12. He stated that the Planning Commission
approved the Design Review on October 07, 2003 for two duplex units on two lots. He
indicated that the Commission suggested that the applicant merge the two parcels. He stated
that the applicant has resubmitted her design. He stated that the architectural design is the
same for both units. He indicated that they both meet the Historical Downtown Districts
guidelines and requirements. He stated that each home would have a private yard area, and
fully enclosed with a wooden fence. He indicated that the applicant would like to change
Condition No. 34 where it discusses TUMF Fees. He indicated that the applicant is
requesting that the TUMF Fees be reduced from $18,428 to $4,607. He stated that Staff has
agreed to this, and is proposing this to the Commission this evening.
Associate Planner Preisendanz stated that Staff recommends that the Planning Commission
approve and adopt a resolution, based on the Findings, Exhibits, and is subject to the
Conditions of Approval. He indicated that the applicant is present to answer any questions
that the Commission may have.
/'"'
Chairman LaPere requested the applicant approach the podium.
Jackie Fenaroli, 23663 Pepperleaf Street, Murrieta, CA indicated that she is pleased that Staff
has agreed to reduce the TUMF Fees for this project. She stated that the two properties that
are to the west of the lot that she is developing are both existing residences. She stated that
the street does not have curbs, sidewalks, and about six feet of pavement. She suggested
that she would like to have her engineer to include the frontage along those two existing
properties, and have the City pay their share of the improvements. She stated that the
school is nearby this area, and this would be a nice addition to the City, and would make
sense to do it all at the same time.
Chairman LaPere asked the Director of Community Development Brady if the Planning
Commission has the authority to reduce the TUMF Fees.
Director of Community Development Brady stated that the Planning Commission is not
actually reducing the TUMF Fees. He stated that the Commission is not actually reducing
the fees; it is just how the fees are applied. He stated that when the fees were calculated, it
was based on all of the units, rather than the replacement of the units. He stated that the
City would be charging for the difference in the increase of the number of units.
Commissioner O'Neal concurred with Staffs recommendations, and had no further
comments.
/'"'
Commissioner Barnes concurred with Staffs recommendations, and had no further
comments.
A.IIENDA ITEM NO. I. G"
",:::,~PAGE~~
PAGE 6 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
Vice Chairman Uhlry asked the applicant if HOA would be applicable.
~
Ms. Penaroli indicated "No".
Vice Chairman Uhlry asked why the garages were separated on unit "A".
Ms. Penaroli indicated that it was designed that way mainly for esthetics. She stated by
separating them, it creates a window, so that unit A, is visible from the street.
Chairman LaPere indicated that Ruby Villalobos requested to speak, and requested her to
approach the podium.
Ruby Villalobos, 310 N. Lindsey Street, Lake Elsinore, asked Staff if the City would be
proposing a block wall between her residence and the applicants proposed development.
Associate Planner Preisendanz indicated that a new block wall would be provided, and
would match the existing block wall.
Ms. Villalobos stated that she likes the applicant's idea of the curbs and sidewalks, and feels
that it would be a great improvement to the City.
There being no further comments, Chairman LaPere requested the reading of the
Resolution.
~
MOVED BY BARNES, SECONDED BY UHLRY AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO.
2004-26, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, APPROVING AMENDMENT NO. 1 TO RESIDENTIAL
DESIGN REVIEW NO. 2003-12 FOR THE DESIGN, CONSTRUCTION AND
ESTABLISHMENT OF TWO (2) NEW DETACHED RESIDENTIAL
DUPLEXES AND ASSOCIATED IMPROVEMENTS FOR JACKIE FENAROLI,
TO BE LOCATED ON THE WEST SIDE OF N. POE STREET, NORTH OF
SUMNER AVENUE AND SOUTH OF POTTERY STREET, WITHIN THE
HISTORIC DOWNTOWN SPECIFIC PLAN DISTRICT AND APN 374-053-014
AND 374-053-013.
5. Minor Design Review of a Single Family Residence located at 16490 Arnold Avenue
APN 378-201-007, 008.
Chairman LaPere requested the reading of the Staff Report.
Director of Community Development Brady stated that this project before the Commission .
is a request for a Minor Design Review of a Single Family Resident, and requested Associate
Planner Miller to review it with the Commission.
AGENDA ITEM NO.~
'" PAGEIOF~
'"""""
PAGE 7 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
~
Associate Planner Miller stated that the applicant is requesting approval for a 1,592 square
foot pre-manufactured home, with a 480 square foot garage. She indicated that the
architectural design is California Ranch style with hardboard siding with board and batten
gable ends. She stated that the applicant would provide front yard landscaping with
automatic sprinklers. She indicated that the rear yard would be fenced with the City's
standard six foot wood fence that would be weather treated.
Associate Planner Miller stated that Staff recommends that the Planning Commission
approve and adopt a Resolution based on the Findings, Exhibits and is subject to the
Conditions of Approval. She indicated that the applicant is present to answer any questions
that the Commission may have.
Chairman LaPere requested the applicant approach the podium.
Jackie Fenaroli, 23663 Pepperleaf Street, Murrieta, CA stated that she has read and agrees to
the Conditions of Approval.
Chairman LaPere requested comments from the Commission.
Vice Chairman Uhlry stated that he likes the look of the garage. He had no further
comments.
~
Co~ssioner Barnes asked if it would be septic.
Ms. Fenaroli stated "Yes". She stated that the entire area around the project is all septic.
Commissioner Barnes asked if it is vertical.
Ms. Fenaroli stated "Yes".
Commissioner Barnes had no further comments.
Commissioner O'Neal had no comments.
Chairman LaPere had no comments.
There being no further comments, Chairman LaPere requested the reading of the
Resolution.
/""'""
MOVED BY UHLRY, SECONDED BY BARNES AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO.
2004-27, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, APPROVING MINOR DESIGN REVIEW FOR A
SINGLE FAMILY RESIDENTIAL PROJECT LOCATED AT 16490 ARNOLD
AVENUE, APN 387-201-007 AND 008.
AGENDA ITEM NO.....l]t-
PAGE.::1- OF
PAGE 8 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
6. Minor Design Review of two manufactured homes for property located at 16376 and ...."
16378 Arnold Avenue.
Chairman LaPere requested the reading of the Staff Report.
Director of Community Development indicated that the next project is a request for a MDR
of two manufactured homes, and requested Associate Planner Coury to review it with the
Commission.
Associate Planner Coury stated that the applicant is proposing two manufactured single
family residential dwellings. He indicated that the property 16376 Arnold Avenue would be
a two story manufactured home, consisting of 1, 404 square feet, to include an attached two
car garage. He indicated that the property at 16378 would also be a two story manufactured
home, that would consist of 1,787 square feet, to also include a two car garage. He indicated
that the architectural design of the homes would be considered ranch style to include wood
siding, window surrounds, and wooden shutters. He stated that each home includes an open
porch entry, with decorative wood treatments.
Associate Planner Coury stated that Staff supports, and recommends that the Planning
Commission approve and adopt a Resolution, based on the Findings, Exhibits, and is subject
to the Conditions of Approval. He indicated that the applicant is present to answer any
questions that the Commission may have.
Chaiiman LaPere requested the applicant to approach the podium.
~
Sarah Williams, 42820 Woody Knoll Road, Murrieta, CA stated that she has read and agrees
to the Conditions of Approval.
Chairman LaPere requested comments from the Public.
Kelly Selvine, Lake Elsinore, stated that he opposes to any homes being built just to be put
up for sale. He stated that it is completely different for those who love the area, and wish to
build their dream house, and to be able to be part of the unique area, low-density
neighborhood. He stated that he is quite unhappy that this is the fifth project that is up for
approval by the Planning Commission, with a 10-month period. He indicated that the home
owners in the area are waiting for the Study Sessions final determination on all of the
problems that exist in the area. He stated that the City continues to approve projects within
the neighborhood until all the issues are worked out seems to be counter productive. He
indicated that he feels that a temporary moratorium on all new projects should be inactive
until all issues are rectified. He noted that the projects that are before the Commission this
evening, do not comply with the character of his section of the neighborhood. He stated
that existing residence connecting to the projects are on 1/3 or more acres of land. He
stated that these projects tonight are less than approximately 1/8 of an acre. He indicated
that these projects would now create a duplex situation. He stated that he would now have
these backyards as his view from his front yard. He noted that the two manufactured homes
that are before the Commission would tower over the existing neighborhood, like
downtown Los Angeles. He stated that the existing rooftops are all in view of his residence. ~
AGENDAITEMNO.~
PAGELOFJ
PAGE 9 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
,-...
He stated that this project would produce view issues and requested that the Planning
Commission take into consideration his issues before approving these projects.
Chairman LaPere asked if the applicant wished to comments on Mr. Selvine concerns.
Ms. Williams indicated that she loves the area as well, which is why she selected to build her
project in the area. She stated that the purpose of building the homes was not just for
making money. She noted that Mr. Selvine's property is quite a distance from her property
and indicated that his view should not be impacted.
Chairman LaPere stated that the Commission has to consider all opinions as it relates to the
determining factor. He requested comments from the Commission.
Vice Chairman Uhlry stated that the homes are to be located in a beautiful area. He stated
that if the builder meets of the City's Codes and Standards, then the Commission will
approve the project. He indicated that this is one of the better-manufactured projects that
have come into the City.
Commissioner O'Neal had no comments.
,-...
Commissioner Barnes indicated that the applicant has met all of the requirements under the
Municipal Code, and Ordinance, and therefore the Commission cannot do anything but
approve this project. He had no further comments.
Chairman LaPere stated that the California Law states that the City can not prevent from
allowing manufactured homes from coming into the City. He stated that these homes would
enhance that area. He had no further comments, and requested the reading of the
Resolution.
MOVED BY BARNES, SECONDED BY UHLRY AND PASSED BY A 4/3 VOTE
WITH O'NEAL ABSTAINING FROM RESOLUTION NO. 2004-28, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, APPROVING MINOR DESIGN REVIEW FOR A SINGLE FAMILY
RESIDENTIAL PROJECT LOCATED AT 16376 ARNOLD AVENUE, APN 387-
211-017 AND 018.
MOVED BY BARNES, SECONDED BY UHLRY AND PASSED BY A 4/3 VOTE
WITH O'NEAL ABSTAINING FROM RESOLUTION NO. 2004-29, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, APPROVING MINOR DESIGN REVIEW FOR A SINGLE FAMILY
RESIDENTIAL PROJECT LOCATED AT 16378 ARNOLD AVENUE, APN 387-
211-015 AND 016.
,-...
Deputy City Attorney Miles noted that a change to the Staff Report under the
Environmental Determination it should read that Section 15303.a of the CEQA exempts the
construction up to three (3) sing/ejamify residence, in urbanized areas.
AGENDA ITEg NO. _. I ,t;. .
" PAGE ;;;:-7?:
PAGE 10 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
7. Minor Design Review of a Single Family Residence located at 16596 Lash Street,
APN 378-243-019 and 020.
......"
Chairman LaPere requested the reading of the Staff Report.
Director of Community Development Brady indicated that this is a Minor Design Review of
a Single Family Residence, and requested Associate Planner Coury to review it with the
Commission.
Associate Planner Coury indicated that the applicant is requesting approval on a 1,202 square
foot homes to include 449 square foot garage. He stated that the architectural design is
California Ranch style. He stated that all elevations would have a stucco ftnish, window
surrounds, and window treatment. He stated that the front yards would be landscaped to
include front yard automatic sprinkler system. He indicated that the rear and side yards
would be fenced with the City's Standard six-foot wooden fence.
Associate Planner Coury stated that Staff supports and recommends that the Planning
Commission approve and adopt a Resolution based on the Findings, Exhibits and is subject
to the Conditions of Approval. He noted that the EIR in the Staff Report should also be
amended to reflect the change in reading that Section 15303.a of the CEQA exempts the
construction up to three (3) singlejami/y residences, in urbanized areas. He stated that the applicant is
available to answer any comments that the Commission may have.
Chairman LaPere requested the applicant to approach the podium.
......"
Miguel Hernandez, 951 Flanery Street, Lake Elsinore stated that he has read and agrees to
the Conditions of Approval. He indicated that his lot surrounds vacant lots, and asked Staff
if he would need to have curb and gutters installed.
Director of Community Development stated that per the Conditions of Approval, the
applicant would need to provide curb and gutters.
Chairman LaPere requested comments from the Commission.
Commissioner Barnes had no comments.
Vice Chairman Uhlry stated that he is glad to see the street improvements, and had no
further comments.
Commissioner O'Neal had no comments.
Chairman LaPere indicated that he too is glad to see the improvement on Lash Street.
There being no further comments from the Commission, Chairman LaPere requested the
reading of the Resolution.
AGE~:::[.;~ 'tk-
PAGE 11 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
~
MOVED BY O'NEAL, SECONDED BY UHLRY AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO.
2004-30, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, APPROVING MINOR DESIGN REVIEW FOR A.
SINGLE FAMILY RESIDENTIAL LOCATED AT 16596 LASH STREET, APN
387-243-019 AND 020.
8. Minor Design Review of two Single-Family Residences to be located at 311 & 313
Silver Street APN 374-093-021 & 374-093-022.
Chairman LaPere requested the reading of the Staff Report.
Director of Community Development Brady stated that this project is a Minor Design
Review of a Single Family Residence and requested Associate Planner Preisendanz to review
it with the Commission in lieu of Monika Hennings absence.
~
Associate Planner Preisendanz stated that the applicant is requesting approval for two single-
family homes with attached garages. He indicated that the homes would have 1,659 square
feet, to include a 400 square foot garage. He stated that the home located at 311 Silver
Street would have an architectural design that would closely match the Victorian Stick style,
which is allowed in the Historic Elsinore Overlay District. He indicated that the home on
313 Silver Street would have a Craftsman Style architectural design. He indicated that the
homes would also have a 90 square foot covered porch with stick detailing. He noted that
the applicant is proposing white lap siding for the homes located at 311 Silver Street, and tan
lap siding for the home at 313 Silver Street.
Associate Planner Preisendanz stated that Staff approves and recommends that the Planning
Commission approve and adopt a Resolution based on the Findings, Exhibits, and is subject
to the Conditions of Approval. He stated that the applicant is present to answer any
questions that the Commission may have.
Chairman LaPere requested the applicant to approach the podium.
Mr. Chuck Leason, 27701 Crestknoll CT, Murrieta stated that he has read and agrees to the
Conditions of Approval.
Chairman LaPere requested the Commissioners comments.
Commissioner O'Neal stated that he likes the design of the homes, as the floor plans are the
same design that he intends on using as his own floor plan. He had no further comments.
Vice Chairman Uhlry asked the applicant if he received a permit for the existing block wall.
~
Mr. Leason stated ''Yes''.
Vice Chairman had no further comments.
AGENDA ITEM NO. l.~ I
PAGEJ..L~
PAGE 12 - PLANNING COMMISSION MINUTES - MARCH 02,2004
'-'
Commissioner Barnes had no questions.
Chairman LaPere asked if the windows would have dressings on the side.
Mr. Leason stated that the house located at 311 Silver Street would have a narrow trim, per
the request of Staff.
Chairman LaPere asked the applicant if shutters could be added.
Mr. Leason stated that he discussed this with Staff, and approved the design as noted.
Chairman LaPere had no further comments, and requested the reading of the Resolution.
MOVED BY O'NEAL, SECONDED BY BARNES AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO.
2004-31, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, APPROVING MINOR DESIGN REVIEW OF TWO
SINGLE FAMILY RESIDENCES TO BE LOCATED AT 311 & 313 SILVER
STREET APN 374-093-021 & 374-093-022.
9. Min~r Design Review of a Single Family Residence located at 16537 Stevens Street,
APN 378-223-082. '-'
Chairman LaPere requested the reading of the Staff Report.
Director of Community Development Brady stated that this is a request for a Minor Design
Review of a Single Family Residence and requested that Planning and Code Enforcement
Manager Villa review it with the Commission in lieu of Monika Hennings absence.
Planning and Code Enforcement Manager stated that the applicant is requesting approval of
a 1,540 square foot single-family residence with a 460 square foot attached garage. He stated
that the home is located within the Country Club Heights Specific Plan Area. He stated that
it was necessary for the applicant to merge three separate lots to form a 20,600 square foot
lot. He indicated that the architectural design would consist of a gabel roof and a 187 square
foot covered porch. He noted that the home would be stucco with brick veneer on the
front elevation. He noted that Staff has requested that the applicant have Dormer windows
to be provided to break up the long expanse of the roofline.
Planning and Code Enforcement Manager Villa indicated that the applicant is requesting not
to provide any fencing due to the topographic constraints and the unique location of the
property. He indicated that Staff has reviewed the Code and determined that the Planning
Commission can consider this request. He stated that the project meets the minimum
requirements of the LEMC, and therefore Staff recommends that the Planning Commission
approve and adopt a Resolution, based on the Findings, Exhibits, and is subject to the
-...".,
AGENDA ITEM NO. I ,to..
PAGEJ2. ;rr-
PAGE 13 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
"........
Conditions of Approval. He indicated that the applicant is present to answer any questions
that the Commission may have.
Chairman LaPere requested the applicant to approach the podium.
Mr. Vince Berry, 28511 Red Gum Drive, Lake Elsinore stated that he has read and agrees to
the Conditions of Approval.
Chairman LaPere requested comments from the Commission.
Vice Chairman Uhlry stated that he does not see any problems with not having a fence. He
had no further comments.
Commissioner O'Neal had no comments.
Chairman LaPere concurred with Vice Chairman Uhlry, and had no further comments.
There being no further comments, Chairman LaPere requested the reading of the
Resolution.
"........
MOVED BY O'NEAL, SECONDED BY BARNES AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO.
2004-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF 'LAKE ELSINORE, APPROVING MINOR DESIGN REVIEW FOR A
SINGLE FAMILY RESIDENTIAL LOCATED AT 16537 STEVENS STREET
APN 378-223-082, 378-223-020, AND 378-223-021.
INFORMATIONAL ITEMS
Vice Chairman Uhlry stated that effective immediately, he would need to resign from the
Vice Chairman position of the Planning Commission, because he has now taken a newly
appointed position with the City of Lake Elsinore. He indicated however that he would
continue his position as a Commissioner of the Planning Commission.
Chairman LaPere stated that he would accept Vice Chairman Uhlry's resignation as the Vice
Chairman, and indicated that he is glad to see that he would continue with the Planning
Commission.
Chairman LaPere stated that the Vice Chairman pos1tion would need to be filled.
Commissioner Barnes suggested that Commissioner Matthies could fill the Vice Chairman
position, since she has filled this position in the past, and is familiar with the procedures.
Chairman LaPere stated that the Commission would need to vote on this.
"........
AGENDA ITEM NO. ~
PAGE 13 OF.J s
PAGE 14 - PLANNING COMMISSION MINUTES - MARCH 02, 2004
MOVED BY O'NEAL, SECONDED BY BARNES AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO SELECT COMMISSIONER
MATTHIES AS THE VICE CHAIRWOMAN OF THE PLANNING
COMMISSION EFFECTIVE IMMEDIATELY.
~
STAFF COMMENTS
Director of Community Development Brady commented on the following:
. He wanted to thank the Staff for all of their hard work that they have completed to tonight's
Planning Commission meeting.
PLANNING COMMISSIONER'S COMMENTS
Chairman LaPere commented on the following:
. He concurred with the comments from the Director of Community Development.
Commissioner O'Neal commented on the following:
. He concurred with the comments of the Director of Community Development.
~
Commissioner Barnes commented on the following:
. He stated that he is glad to see that the City's Staff is growing. He stated that he too concurs
with the comments of the Director of Community Development.
. He also indicated that due to a change of residency, that he would no longer be able to
complete his term as a Planning Commissioner. He stated that one of the requirements of a
Planning Commissioner for the City of Lake Elsinore is that you must live within the City
limits. Therefore, he stated that April 6, 2004 would be his last meeting as a Commissioner.
Commissioner Uhlry commented on the following:
. He asked Staff if Cal- Trans were having a problem at Collier & Central with adding an
additional lane at the off ramp. Director of Community Development Brady stated that the
City's Engineering Staff is working have been meeting with Cal-Trans with regards to the
requirements, and what types of improvements would need to be conducted at that
intersection and the entire area that is being developed. Commissioner Uhlry stated that he
does not want to wait for Cal-Trans to make a decision five years from now to put in the off
ramp, and have an intersection that looks like the Winchester exit. Director of Community
Development stated that the City is moving forward on this issue.
AGENDA ITEM NO.-....l L~\
" PAGEJ!:L OF J S. ..
......"
r'""
,--..
r'""
PAGE 15 - PLANNING COMMISSION MINUTES - MARCH 02,2004
ADJOURNMENT
MOVED BY O'NEAL, AND SECONDED BY UHLRY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR
PLANNING COMMISSION MEETING AT 7:08 PM.
Ron LaPere, Chairman
Respectfully Submitted,
Dana C. Porche'
Office Specialist
ArrEST:
Robert A. Brady, Secretary to the
Planning Commission
AGENlJA ITEM ~_O. L <l,.,
-"- PAGElS..- ~
MARCH 31, 2004 CITY OF LAKE ELSINORE WARRANT
SUMMARY
/"""" FUND# FUND DESCRIPTION TOTAL
100 GENERAL FUND 956,148.09
101 SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND 8,428.06
102 L.L.E.B.G. PROGRAM FUND 5,413.00
110 STATE GAS TAX FUND 5,287.88
130 LIGHTING I LANDSCAPE MAINTENANCE FUND 58,421.15
150 C.D.B.G. FUND 72.52
205 TRAFFIC IMPACT FEE FUND 35.00
221 PARK C.I.P. FUND 47,499.54
231 LIBRARY C.I.P. FUND 405.88
257 C.F.D. 2003-02 CANYON HILLS FUND 15,815.00
351 AD. 87-2 DEBT SERVICE FUND 853.86
352 AD. 86-1 DEBT SERVICE FUND 1,349.44
353 AD. 89-1 DEBT SERVICE FUND 3,384.52
356 AD. 90-1A DEBT SERVICE FUND 3,336.34
360 AD. 93-1 DEBT SERVICE FUND 3,952.90
366 C.F.D.2004-1 DEBT SERVICE FUND 4,500.00
367 C.F.D. 2004-- LAING HOMES FUND 8,500.00
608 TRUST DEPOSITS & PRE-PAID EXP FUND 4,903.86
620 COST RECOVERY SYSTEM FUND 2,664.11
650 C.F.D.2003-1 LAW & FIRE SERVICE FUND 3,500.00
GRAND TOTAL 1,134,471.15
~
~
4/1/2004 P:\WARRANT LIST MASTER\WARRANT 033104
AGENDA ITEM NO. ~
PAGE-L-OF5"
MARCH 31. 2004
CITY OF LAKE ELSINORE
CHECK# VENDOR NAME
76943 KASAD, VICKI
77140 RICHARD NIXON LIBRARY
77141 CAPIO
77142 RIVERSIDE COUNTY FIRE DEPARTMENT
77143 UNITED STATES POSTAL SERVICE
77144 UNITED STATES POSTAL SERVICE
77145 CALIFORNIA P.E.R.S.
77146 I.C.M.A. RETIREMENT TRUST
77147 RIVERSIDE COUNTY'S CREDIT UNION
77148 UNION BANK OF CALIFORNIA
77149 LAKE ELSINORE UNIFIED SCHOOL DISTRICT
77151 VOID
77152-77154 A & A JANITORIAL SERVICE
77155 A & M CLEANING EQUIPMENT, INC.
77156 ABILITY ONE CORP.
77157 ALL STAR GLASS
77158 ALPINE PREMIUM WATER-NATHAN GARNER
77159 AMERICAN FORENSIC NURSES
77160 AMERICAN PUBLIC WORKS ASSOCIATION
77161 ANDY'S GLASS & WINDOW COMPANY
77162 APPLE ONE EMPLOYMENT SERVICES
77163 AW DIRECT, INC.
77164 B. STEPHEN COOPERAGE,INC.
77165 BERRYMAN & HENIGAR,INC.
77166 BEST, MARLENE
77167 BIO-TOX LABORATORIES
77168 BLOOD-WILSON, CYNTHIA
77169 BRADY, ROBERT
77170 CALIFORNIA NARCOTIC OFFICERS ASSOCIATION
77171 CALIFORNIA BUILDING OFFICIALS
77172 CALOL YMPIC GLOVE & SAFETY CO.
77173 CCP INDUSTRIES, INC.
77174 CHIP MORTON PHOTOGRAPHY
77175 CITICORP VENDOR FINANCE, INC.
77176 CITY CLERKS ASSOCIATION OF CALIFORNIA
77177 CMS BUSINESS FORMS, INC.
77178 COAST TO COAST WIRELESS, INC.
77179 COMPUTER ALERT SYSTEMS, INC.
77180 CONRAD AND ASSOCIATES, L.L.P.
77181 CORONA CLAY COMPANY, INC.
77182 COURY, KIRT A.
77183 COVINA PAINTS
77184 CRAFCO, INC.
77185 CUTTING EDGE STAFFING, INC.
77186 0 & SELECTRIC
77187 DO IT CENTER
77188 DONAHOE, CAROLE K.
77189 DOWNS COMMERCIAL FUELING, INC.
77190 DRESCO REPRODUCTION,INC.
77191-77197 E. V. M. W. D.
4/1/2004 P:\WARRANT LIST MASTER\WARRANT 033104
1 OF 4
WARRANT LIST
AMOUNT
307.00 '-'
61.25
225.00
860.00
2,300.00
2,569.59
21,501.40
4,700.43
2,925.00
11,988.53
170.00
0.00
4,524.15
300.72
286.21
163.87
313.90
337.45
600.00
673.76
2,471.68
204.70
872.78
1,488.00
396.50
641.57 """""
589.75
314.89
80.00
215.00
24.16
752.60
468.71
850.13
425.00
1,156.73
45.60
882.00
75.00
797.35
5,356.85
852.47
1,067.87
943.20
3,519.50
215.10
2,650.00
1,731.51
398.08
11,127.49 '-'
AGENDA ITEM NO. ;;A.
" PAGE :A OF S
MARCH 31,2004
CITY OF LAKE ELSINORE
~HECK# VENDOR NAME
/7198 EL DORADO CARTOGRAPHY
77199 ELSINORE ELECTRICAL SUPPLY, INC.
77200 ELSINORE VALLEY RENTALS
77201 ELSINORE VALLEY YOUTH COURT
77202 EMPIRE ECONOMICS, INC.
77203 EMPLOYMENT SYSTEMS
77204-77207 EXCEL LANDSCAPE, INC.
77208 EXXON MOBIL
77209 FEDERAL EXPRESS CORPORATION
77210 FLORES, JUSTINO
77211 GRESHAM, PHIL
77212 HANCOCK, LORENA
77213-77214 HARRIS & ASSOCIATES, INC.
77215 HARRIS & ASSOCIATES, INC.
77216 HAULAWAY STORAGE CONTAINERS,INC.
77217 HEMET FENCE CO.
77218 HI-WAY SAFETY, INC.
77219 INLAND EMPIRE LOCK & KEY
77220 INLAND EMPIRE MANAGER'S ASSOCIATION
77221 JEFF HAUSER MOBILE WELDING
77222 JOBS AVAILABLE, INC.
77223 JOHNSON POWER SYSTEMS
77224 KELLY-MOORE PAINT COMPANY, INC.
,..-:z7225 KMA ARCHITECTURE & ENGINEERING
1226 KWAN. ROBERT
77227 L & M FERTILIZER, INC.
77228 LAKE CHEVROLET
77229 LAKE ELSINORE BAPTIST CHURCH
77230 LAKE ELSINORE FLORIST & GIFTS
77231 LAKE ELSINORE MATERIALS
77232 LAKELAND MARINE
77233 LIBRARY SYSTEMS & SERVICES, L.L.C.
77234 LONGTIN'S AUTO SUPPLY
77235 LORY, SUSAN
77236 M & M AIR CONDITIONING, INC.
77237 M & N INTERNATIONAL
77238 M.R. BRACEY CONSTRUCTION CO., INC.
77239 MACKEY JR., CHARLES
77240 THE MARK FISHER COMPANY
77241 MILLER, CORDIE
77242 MILLER, LINDA M.
77243 MORITA, DUANE A.
77244 MORROW PLUMBING, INC.
77245 NAKAKIHARA, JAMES
77246 NBS GOVERNMENT FINANCE GROUP
77247 NEXTEL COMMUNICATIONS
77248 NFPA
77249 OMNIS
"'--'7250 OPTICS PLUS
1251 PCI PARKING & HIGHWAY STRIPING
4/1/2004 P:\WARRANT LIST MASTER\WARRANT 033104
20F4
WARRANT LIST
AMOUNT
161.54
722.88
216.84
518.06
13,000.00
2,900.80
30,131.85
281.65
149.15
15.00
60.00
3,534.00
88,218.20
3,092.50
223.20
1,595.00
2,779.96
194.37
25.00
1,894.37
506.00
424.17
229.62
612.18
15.00
1 ,407.93
283.23
843.50
62.44
58.19
272.40
405.88
47.89
483.00
112.71
18.75
46,699.46
4,480.00
545.00
64.00
4,027.50
5,268.00
245.03
150.00
12,877 .06
1,863.74
135.00
9,900.00
2,903.86
3,778.14
AGENDA ITEM NO.
PAGE....l- OF
:2
t)
MARCH 31, 2004
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK# VENDOR NAME
77252-77253 PETTY CASH
77254 PHD PENSKE LEASING
77255 THE PLANNING CENTER
77256 THE PRESS ENTERPRISE
77257 PRESSEY,MATT
77258 PRODUCTION VIDEO
77259-77260 PRUDENTIAL OVERALL SUPPLY
77261 PYRO-SPECTACULARS
77262 QUAID TEMECULA HARLEY DAVIDSON
77263-77264 QUILL CORPORATION
77265 RANCHO REPROGRAPHICS, INC.
77266 RIGHTW A Y
77267 RIVERSIDE COUNTY SHERIFF
77268 RIVERSIDE COUNTY SHERIFF
77269 COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT
77270 COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER
77271 COUNTY OF RIVERSIDE DEPARTMENT OF INFORMATION TECHNOLOGY
77272 RIVERSIDE COUNTY SHERIFF, LAKE ELSINORE SHERIFF STATION
77273 ROQUE, JESUS
77274 SADDLEBACK MATERIALS COMPANY, INC.
77275 SAFETY-KLEEN SERVICES, INC.
77276 SAPP, DAVID W.
77277 SCOTT FAZEKAS & ASSOCIATES, INC.
77278 SERVICE ONE SERVICE, INC.
77279 SHARE CORP.
77280 SHERWIN-WILLIAMS CO.
77281 SIGNS PLUS
77282-77289 SOUTHERN CALIFORNIA EDISON CO.
77290 SOUTHERN CALIFORNIA GAS CO.
77291 STAPLES CREDIT PLAN
77292 STAUFFER'S LAWN EQUIPMENT
77293 STORAASLI, PEGGY J.
77294 BOB STOVER, INC.
77295 SUAREZ'S AUTO UPHOLSTERY
77296 TEAM AUTOAID, INC.
77297 TEAMAN, RAMIREZ & SMITH, INC.
77298 TEXTRON FINANCIAL CORPORATION
77299 TITAN BOYS BASKETBALL BOOSTER CLUB
77300 TOMARK SPORTS, INC.
77301 TOP-LINE INDUSTRIAL, INC.
77302 TOSCO/FLEET FUELING SERVICES
77303 TURF STAR, INC.
77304 UNITED GREEN MARK, INC.
77305 UNITED PARCEL SERVICE
77306 VALLEY CENTER AUTO PARTS NAPA
77307 VENUS PRINTING
77308-77312 VERIZON CALIFORNIA, INC.
77313 WATER EDUCATION FOUNDATION
77314 WEST COAST ARBORISTS, INC.
77315 WESTERN HIGHWAY PRODUCTS, INC.
AMOUNT
275.52 "-""
898.58
7,401.98
5,827.60
576.04
2,241.25
347.76
10,000.00
836.56
1,104.30
26.25
976.97
454,143.08
9,604.80
10,172.18
1,890.00
17,598.42
5,865.44
240.00
543.19
179.16
200.00
1,757.43
1,455.00
3,497.04
32.58 ."-,,
293.00
43,377.03
453.24
603.18
307.21
1,111.00
6,375.00
175.00
697.32
33,737.50
987.13
1,000.00
150.77
35.13
2,842.81
246.70
66.44
81.62
2,009.90
3,023.14
3,768.74
45.00
1,775.03
1,929.96
"-"
4/1/2004 P:\WARRANT LIST MASTER\WARRANT 033104
30F4
AGENDA ITEM NO. 2
L1 ~
'. PAGE-=.L- OF J
MARCH 31. 2004
CITY OF LAKE ELSINORE
WARRANT LIST
..-cHECK#
316
77317
77318
77319
VENDOR NAME
AMOUNT
5,440.00
2,000.00
28.83
83.62
WILLDAN
Z-BEST PAINT
ZEE MEDICAL, INC.
24 HOUR FIRE PROTECTION, INC.
994,191.96
TOTAL
PIE DATE:
03/19/04 PAYROLL TAXES
03/19/04 PAYROLL CASH
44,552.89
95,726.30
GRAND TOTAL
1,134,471.15
r--
r--
4/1/2004 P:\WARRANT LIST MASTER\WARRANT 033104
40F4
AGENDA ITEM NO. ~
" PAGE .5'" OF ,5
~
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR & CITY COUNCIL
FROM:
RICHARD J. W ATENP AUGH, CITY MANAGER
DATE:
April 13, 2004
SUBJECT:
Crime Victims' Week Proclamation
BACKGROUND
The Riverside County District Attorney's office has requested adoption of the attached
Proclamation of support for Crime Victims. Unfortunately, they are unable to have a
representative present at this meeting; so they have requested that you approve the
Proclamation and authorize staff to forward it to their representative.
FISCAL IMPACT
~ None.
RECOMMENDATION
Approve Proclamation and authorize staff to forward Riverside County District Attorney's
Office, as requested.
PREPARED By.?k Ll
VICKI KASAD, CMC, CITY CLERK
APPROVEDFOR ~ J~ ~
AGENDA LISTING: II .. iJ
RIC ARD J. W TENP AUG , CIT MANAGER
,-.,
AGENDA ITEM NO. 3
PAGE-L OF :3
OFFICE OF THE DISTRICT ATTORNEY
COUNTY OF RIVERSIDE
4075 MAIN STREET. FIRST FLOOR
RIVERSIDE. CALIFORNIA 92501
909/955-5400
...,
GROVER TRASK
DISTRICT ATTORNEY
March 18, 2004
CHERYL MARTIN
DIRECTOR
VICTIM/WITNESS ASSISTANCE CENTER
Honorable Thomas Buckley
Mayor of the City of Lake Elsinore
130 S. Main St.
Lake Elsinore CA 92530
Dear Mayor Buckley:
The 2004 NaOOnal Crime Victims' Rights Week is scheduled for April 18-24, 2004.
The theme: "Victims' Rights: America's Values" helps us to realize that when we value
equal rights for all, safety and protection for those who have been victimized, and justice
for all, we value crime victims' rights and services. Our shared value to be safe in our
homes is evidenced by the collaboration of private and governmental entities to establish
three "one stop shop" Family Justice Centers in Riverside County for victims of domestic
violence to reduce trauma, provide optimum community response, and ultimately end
domesti~ violence in our communities.
.....,
We would be honored if you would sponsor an official proclamation to recognize
April 18-24, 2004 as the City of Lake Elsinore's Crime Victims' Rights Week. This is
an opportunity to stand together to turn shared values into effective victims' rights and
victim assistance, and to ensure that crime victims are treated with dignity and respect.
Thank you for your consideration of this request. We appreciate your on-going support
of the Office ofthe District Attorney, Victim/Witness Assistance Division's efforts to
support crime victims. If you have any questions please contact me at (909) 955-5450.
Sincerely,
GROVER TRASK
District Attorney
{fttw6 IhwN"--
Cheryl Martin, Director
VictimlWitness Assistance Program
CM:kak
Enc1: Sample Proclamation
AGENDA ITEM NO. 3
PAGE ~ OF 3
....,
~
WHEREAS, we as a Nation recognize crime victims' suffering,
struggles and loss, and value them as our family members and friends,
neighbors and co-workers who have been harmed by crime; and
WHEREAS, we as individuals and communities value core rights for
crime victims that allow them to participate in justice processes with rights to
information, protection, restitution, and to be heard; and
WHEREAS, we value the critical assistance and services that provide
for crime victims' basic needs, such as fair treatment, dignity, respect and
information and the life essentials, such as safe housing, food, support for their
children, transportation, counseling and medical services; and
",--
WHEREAS, we value those among us who work on behalf of crime
victims to not only improve rights, services and treatment of victims of crime,
but to also build a better and more just community and country; and
WHEREAS, America as a Nation values liberty and justice for all,
including efforts to protect, enhance and expand crime victims' rights and
servIces;
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, on this 13th day of April, 2004, do hereby
proclaim the week of April 18 to 24, 2004 to be Lake Elsinore's Crime
Victims' Week, and honors crime victims and those who serve them during this
week and throughout the year.
THOMAS BUCKLEY, MAYOR
,.......
AGENDA ITEM NO. -3
", PAGE-3- OF 3
~
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR & CITY COUNCIL
FROM:
RICHARD J. W A TENP AUGH, CITY MANAGER
DATE:
April 13, 2004
SUBJECT:
Claim Against the City
BACKGROUND
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.
The following claim has been recommended for rejection by Carl Warren & Company:
.~
CL#2004-1 - Shawna Cromley
FISCAL IMP ACT
None.
RECOMMENDATION
Reject the Claims listed above and direct the City Clerk to send letter informing the
Claimant of this decision.
PREPAREDBy:?lJLU
VICKI KASAD, CMC, CITY CLERK
"
APPROVEDFOR ~~
AGENDA LISTING: / ~
RIC ARD J. W A ENP AUG , C Y MANAGER
,.....
AGEND" ITEM NO. 1
PI\oe..-L- Of
~
April 4, 2004
~
~ ~~~D2:~ ~
CITY CLERKS OFFICE
TO: The City of Lake Elisinore
A TIENTION: Vicki Kasad, City Clerk
RE: Claim
Claimant
D/Event
Rec'd Y/Office
Our File
Cromley, et at v Lake Elisinore
Shawna Cromley
02/11/04
03/01/04
S 143139 DBK
We have reviewed the above captioned claim and request that you take the action indicated
below:
. CLAIM REJECTION: S~nd a standard rejection letter to the claimant.
~
Please provide us with a copy of the notice sent, as requested above. If you have any
questions please contact the undersigned.
Very truly yours,
CARL /J~ & COMPANY
Deborah Been
~~..~
cY' ~'VY ·
P.:
CARL WARREN & CO.
CLAIMS MANAGEMENT.CLAIMS ADJUSTERS
750 The City Drive. Ste 400 . Orange, CA 92868
Mail: P.O. Box25180. Santa Ana, Ca 92799-5180
Phone: (714) 740-7999 . (800) 572-6900. Fax: (714) 740-9412
~
AGENDA ITEM NO.~
" PAGE.2-OFJ.L
'" ,",
~
GOVERNMENTAL ENTITY PRELIMINARY REPORT
DATE:
4/4/2004
750 The tty Drive, Suite 400
Oran e, CA 92868
CLAIMANT: Shawna Cromley
FILE NO: S 143139 DBK
FILING DATE: 03/01/04
SIX MOS.: Yes
D/EVENT: 02/11/04
PRINCIPAL/CITY: CJPIA/City of Lake Elsinore.
RECOMMENDED ACTION ON CLAIM: Claim Rejection.
FACTS: The claim was presented for damage to the claimant's vehicle that occurred when
,-... driving over metal plates on the road surface. The city provided us with the encroachment
permit information for the working being done.
POSSIBLE CO-DEFENDANTS: Verizon.
EVALUATION: Doubtful liability. We are referring the claimant to Verizon.
1. Shawna Cromley
TYPE OF CLAIM
Lto
AMOUNT
$200.00
RESERVES
COMMENT/WORK TO BE COMPLETED: Diary for copy of rejection to the claimant.
Our further report will follow shortly.
Very truly yours,
CARL WARREN & COMPANY
L Lake Elsinore,
Deborah Been
Attn. Vicki Kasad
,-...
CARL WARREN & CO.
AGENDA ITEM NO. Y _
PAGE 3 Of--1.L-
CLAIMS MANAGEMENT-CLAIMS ADJUSTERS
750 The City Drive. Ste 400 . Orange, CA 92868
Mail: P.O. Box25180. Santa Ana, Ca 92799-5180
Phone: (714) 740-7999. (800) 572-6900 . Fax: (714) 740-9412
DI
April 4, 2004
'-'"
omley
aparralWay
sinore, CA 92532
RE: Principal
Member City
Claimant
D/Incident
Our File
CJPIA
Lake Elsinore
Shawna Cromley
02/11/04
S 143139 DBK
Dear Ms. Cromley:
As claim administrators for the self-insured City of Lake Elsinore, we have made a careful
examination of the circumstances surrounding the captioned occurrence and feel we have
enough evidence to make a decision on your claim. After evaluating the facts, we have
reached t~e conclusion that our principal is not responsible for this occurrence. Weare
sorry we are unable to recommend settlement of your claim to our principal.
'--'
Our investigation reveals that the area you described was under control of Verizon. You
may contact Verizon at 150 South Juanita Street, Bernet, CA 92543. Phone 909-929-9491.
This letter does not affect the notice that will be sent to you by the City of Lake Elsinore
regarding disposition of your claim.
Very truly yours,
CARL WARREN & CO.
Deborah Been
cc: City of Lake Elsinore, Vicki Kasad
S~~G~~~~E~ CO. ((: Q r'iY _
750 The City Drive - Suite 400 - Orange, CA 92868
Mail: P.O. Box25180-SantaAna, Ca 92799-5180 ~
Phone: (714) 740-7999- (800) 572-6900 - Fax: (714) 740-9412 AQENOA ITEM NO.
PAGE~ OF..iL~
/""
CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For Damages 1e~ODS2oriersODjal Property)
Received by: UJ~ J ~~
City Representative
I ' -. '-' ~ i
U'~l ;
f I; .,;
, Ii'
I u MAR 0 1 20D4 ;
L
ITY ,"j L.l:T)KS OF.... .
,.~- I, (
I (.~...::.
(Time/Date Received)
CL 41)J)oLf- \
A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident ore event
occurred. Be sure your claim is against the City of Lake Elsinore, not another public entity. Where space is insufficient,
please use additional paper and identify information by paragraph number Completed claims must be mailed or delivered to
the City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California, 92530.
TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA:
/""
The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal
property:
I. NAMEOFCLAIMANT~()J,U~ =~
a. Address of Claimant 31. L" 31 /' &.1
Phone No. (t01)J:t f} I ' 35LP fA
Social Security No.5f:/l ,tJf)-IQ(:V;
L~ ~~b
Date of Birth La -lL~ r'} ~
Drivers Lie. No. (A1Lft') l~u
b..
c.
d.
e.
2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above:
5~ ~ fjb9V-t_
3. Occurrence or event from which this claim arises:
a.
Date 2 - Lk.ct:l
b.
c.
, ........,.....-=--~ ~ I
O. . ~. cArl. l1VI ~ d. How and .un~er what c~cumstances ~d.damage or injury occur? . Specify the. particular occurr . ,even.~
. rf'~ ~ 1\ \ I j'b l act or omIssIon you clatm caused the lDJury or damage (use add. Itlonal paper If necessary). 'SO S ~ - c
l' f\bJ \ C\~ll(}>Ci 12 '.' S ' (! (? c;h ~;]) ~6 \ t-
; n'i\~ ~\~~d~ " umfO(rh1J1 on cH)1jO'f) G., a' ('. ..'
~~)h.on \ df()\}f, DUi/) vwM f21~ \04~li QU}-- To. ~
r~ M'~O!t~ M~.\1... J mJ)r\_~_1
Wuvr--\l I ~10 Rill11SCO . .iU9. fouQ(/\ ,r b' U02!..
e. What particular ~c7ton by'1heLthy of its employees, caused the alleged damage otiHjury?
~+i~ J 'YYCl\Il- 'bfprl &r{LcWA )0 OO~ v-IeJ.~i(if .u9:kD
__Jrd\AdeO &~~ AJ\l1\l\\j<U\\J(J'l\~ NU'i1~ ~lf.$ ~\I\)\V~
Mld- +\,,0 ~;:1-1 ~f1'AJVve/ .dQ~~ gCUd t\0d-- 1<1-
~U- toAle a ~d1nt WLU ~~ G\tJ 1v tp
AQENOA ITEM NO.~
'"' PAGE~ OF-11-
...."
4.
Were there any injuries auhe time of this accident? Ifnot, state "No injuries".
rAJa
. .
] tj W,eS
5.
Give the name(s) of the City employee(s) causing the damage or injury:
jfubao~_~di~ C~( ~ ·
Name and address of any person injured:
6.
L~fJ~~
~ '1L66~
7.
Name and address of the owner of any damaged property:
S\1ailloCLCr~~\ j!~i) ~0j
Damages claimed:
8.
a.
b.
c.
d;
Amount claimed as of this date $
Estimated amount of future costs $ .
Total amount claimed $ ~ o\'S
Basis for computation of amounts claimed (Include copies oallbiJIs, invoices, estimates, etc):
...."
:~~~~~~~~:~~~~ct ~
c. l0.\ ~ ./ - in or time
Ari dd' ~ I' r. . tha . h DI . u<<)~,) ~31-' el r;
y a l110na 1D:~rmatlon t mIg t e 1D eo'nsluenng !IDs calm: W- T I'm- 1i L./1
~'~' f O~ 4tJp ,
)lj' D1\ ,~OS~~ Meet.... & · f;jO (If)J1C()
WARNING: ISAC [jN'At NSETOFIL1tAFALSECLAIMO~~ bdSS ~QU.ld..f1.7( ~\V(
(penal code 72/Insurance Code 556.1) ~ ~ r IY1fY)e ~ ()
I have read the matters and statements made in the above claim and 1 know the same to be true of my own knowledge, except
as to those matters state upon information or belief as to such matters, I beli~ve tl,1e same to be true. I certify under penalty of
perjury that the foregoing is TRUE AND CORRECT. . .
--: ~ ~
SIGNED TIllS DAY OF
9.
10.
CLAIMANT'S
SIGNATURE:
2o~Tl-aY 1/ U<t;i GYtf( CALIFORNIA.
...."
4
AGENDA ITEM NO.
PAGEle-OFJ \
FIRESTONE TIRE & SERVICE CENTERS
31748 MISSIONTRLS RD
LAKE ELSINORE, CA. 92530
Service Advisor:
02 APOLO
909.674,0633
Customer Invoice
:047218
:'02/13/2004
li ,--
.'
l,t. ....JlV\LEY, RUSSEL
,31687 CHAPARRAL WAY
'LAKE ELSINORE, CA 92530
, 909.471.3562
.~Store #013889
Article U.nit Extended Job
Description Number T# Q~ Price Price Total
~~G~T~nmc~~~m:--------------------- -----------nK~
2003 SATURN VUE [WHITE]
Lic#: 4ZYN602 CA Vin #:
In: 02/13/04 8:54AM Mileag~: 18,265
Out: 02113/04 9:32AM Mileage: 18,265
RETAIL SALE REG# AG222654. EPA# CAL0000362GO
106267 DUELER HIT 0684 II P235/65R16 TLBL PS
DOT# W2T2PT04oo3
DISPOSAL FEE/CA RECYCLE FEE
WHEEL BALANCE WEIGHT
WHEEL BALANCE LABOR
RUBBER VALVE STEM
7040215 ROAD HAZARD WARRANTY
TIRE DISPOSA~ FEE (1)
,',. TlgE INSTALLAl'J~N
COURTESY.CHECK
Ii' COURTESY CHECK
tTechnician(s):
105 FERNANDO AMESCUA
l.payment History:
f,-.firestone 7623
al Tendered
106267 05 1 105.99 105.99
7046655 05 1 1.00 1.00
7018708 05 1 3.99 3.99
7018716 05 1 7.00 7.00
7015040 05 1 2.99 2.99
7040215 05 1 t~,~2 12.72
05 1 3';00 3.00
05 1 N/C N/C
05 1 NfC N/C
145.68
145.68
09027
$145.68
125.69
11.00
0.00
136.69
8.99
t I have received the above goodS and/or services. If this is a crecjit
!<card purchase. I agree to payand comply with my cardholder
I ,agreement with the issuer.
Customer SignatUre
rAil parts are new unless otherwise specified.
~
\
A8ENDA nEM NO. ~
'"', PAGE ,I OF-1L-
,c.
~
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.......,
AGENDA lTEMNO..-L-
." PAGEK. OF J \
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AGENDA ITEM NO. '"
.". PAGE-3- OF JL.
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.......,
AQENOA ITEM NO.--=t-..
". PAGEJQ... Of.l.L-
., wllU ~ 40 ~ on +VJs.. TItLe- l
1\\~ ,,~ pcd~ ~pco'b5~, ~>
'6,J- It \ ~ ~ en () op5t. +rat-('
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,.-....
,,-.
AGENDA ITEM NO.~
PAGE.lL OF .-l.L
r---
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: DICK WATENPAUGH, CITY MANAGER
DATE: APRIL 13,2004
SUBJECT: RESOLUTION OF INTENTION TO ANNEX PROPERTY INTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT,
FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF
A SPECIAL TAX WITHIN ANNEXATION AREA NO.7 (CITY CENTER
TOWNHOMES PHASE II) AND ANNEXATION AREA NO.8 (VISCA Y A)
BACKGROUND
On August 12,2003 the City Council approved Resolution 2003-37 establishing Community
Facilities District No. 2003-1 (Law Enforcement, Fire, and paramedic Services). The district
levies a special tax for public safety costs above what already exist in the district. The City is
requiring undeveloped parcels within the City that are developed with more than four residential
dwelling unit~ to be annexed into the service district.
~
As a condition of approval, the City has required the City Center Townhomes Phase II
development and the Viscaya development be annexed into the Community Facilities District
No. 2003-1.
DISCUSSION
A special tax is levied annually in the amount of$300 per single family dwelling (SFD) unit and
$150 per multifamily unit. The amount of the special tax assessment maximum increases two
percent annually.
City Center Townhomes Phase II will add 60 multifamily dwelling units (town homes) to the
exiting district boundary and generate about $9,000 annually. Viscaya will add 170 single
family units and 126 multi-family apartments to the exiting boundary and generate about
$69,900 annually.
The maps of the proposed boundaries are attached.
/'"'
AGENDA ITEM NO. t)
PAGE-LOF.f)., \
Report to the City Council
CFD 2003-1 Annexation No. 7 and No.8
April 13, 2004
Page 2 of3
.....,
FISCAL IMPACT
The cost of law enforcement and fire services is approximately $750 per single family dwelling
unit. For each SFD unit, only about $100 to $150 of property tax dollars will be generated from
these developments for public safety as illustrated in the table below:
Low Hi~h
Home price 275,000.00 400,000.00
Annual Property Tax (1 %) 2,750.00 4,000.00
General Funds share of 1 % (Average of 11 %) 302.50 440.00
General Fund Public Safety Budget (34%) 102.85 149.60
Rounded Totals 100.00 150.00
By subtracting $150 for General Fund property tax revenue and the $300 of special tax levy from
the $750 cost of public safety, that would leave $350 to $300 remaining, which would be paid
for from other revenue the City's General Fund receives such as sales tax as illustrated below:
.....,
Per
Property Tax available for public safety $ 150
CFD 2003-1 special tax levy 300
Subtotal 450
Cost of public safety per single family dwelling unit (750)
Covered by other General Fund revenue (Sales Tax) $(300)
SFD
The illustrations clearly demonstrate that the revenue generated from property tax is not
sufficient to fund the cost of public safety services and that the CFD 2003-1 special tax levy is
needed.
PROCESS
The annexation into the district requires a specific process as outlined in the attached resolution.
The City Council will need to hold a public hearing on the annexation into CFD 2003-1 and the
participating property owner will have the opportunity to vote. The public hearing can be
scheduled for May 25, 2004.
.....,
AGENDA ITEM NO.
", PAGE~ OF
~
:lL
~
Report to the City Council
CFD 2003-1 Annexation No. 7 and No. 8
April 13, 2004
Page 3 of3
RECOMMENDATION
It is recommended that City Council:
1. Adopt the Resolution of intention to Annex Property from Annexation Area No.7 (City
Center Townhomes Phase II) into the CFD 2003-1
2. Adopt the Resolution of intention to Annex Property from Annexation Area No.8
(Viscaya) into the CFD 2003-1
3. Schedule the public hearing on Annexation Area No.7 and Annexation Area No.8 for
May 25,2004
PREPARED BY:
~
Matt N. Pressey, Director of Ad
APPROVED FOR rlJ) ~ ~
AGENDA LISTING: ~ . V1 .
Dick Watenpaugh, City ana er
~
AGENDA ITEM NO. 5
" PAGE-3-OFli
PROPOSED BOUNDARY OF
ANNEXATION NO. 7 TO
COMMUNITY FACILITIES DISTRICT No. 2003-1
OF THE CITY OF LAKE ELSINORE
(LAW ENFORCEMENT. FIRE. AND PARAMEDIC SERVICES)
COUNTY OF RIVERSIDE,
STATE OF CAUFORNIA
!
If
>l
;
~
~
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B
;
_ 363-240-02 !
363-240-0.l
,. 363-2_
. 363-240-01 ..
\. JIJ-240-08 ..
3113-240-11 '"
. 'wIfII
j;
_07'00 -.00
SCALE: '".l(X)"
FUll '" lHr 0fTICI: Of" lHr CITY CUllIC OF lHr CITY OF l.AIC( El.SINORE illS ---PAy OF _2OOf.
OTY ClEIlIl OF lHr OTY OF LAIC[ ~
I HDlE8y CEltTFr THAT !HE __ """ _ !HE I'lIOf'OSEO _S Of" _11ON NO. 7 TO !HE aN Of"
LAlCE ELSINOlIf: COMJNITY FAClU1I[$ 1NS1IlICT NO. 2003-1 ON Of" LAI<C ~. CClUHN Of" IIt1IOISIIlE, STA IE Of"
CAUrORHIA lItAS _ 'y !HE OTY COI.WOI. Of" !HE OTY Of" LAKE RSINORE: AT A ~y SOlEDI.UD ua:lING
_OF". HE\.D ON !HE _ DAY Of" 200f. BY ITS lIlsa.UI1OH ....
OTY CUllIC OF" IH[ CITY Of" LAIC[ n5INORE
fUI) lItIS _ DAY or ~ _ AT !HE _ OF" _ O'Q.OCX_'" .. 800K_ Of" IIN'$
or ASSE_T NIO COIIIIUNlTY FAClU1I[$ 0IS1IlICTS PN% NOS.___ AS __T No._
IN 1HE omcx or !HI: COUNTY _ .. !HE COlINTY or "'_ 5TA IE Of" CAUf"CANlA.
COUNTY lIlCOllD[ll Of" IH[ COUNTY Of" "'\IIJISIOC
FEe S_
/lUERENC[ 1HE III\oUlSID( COUNTY ASSfSSOR'S """5 Fllfl A OETAUD OESCMPTlON Of" PNIaI. lMES ANt) _5
PROPOSED BOUNDARY MAP
0IS11IlCT -.
_HARRIS a: ASSOCIATES
U bMuIfe Pottc. WfrI 150
_.,.,.,...Clml<1
11Mt)ISS-JIlIO . rAX ("')155-3115
"".....Uo.. No. 1 to
Communlt.J ".emu. Dlatriet No. 2003-1
of the C1t.J of Lake 1I.I..ore
(.... Enforcement. rtre. and Paramedic SeS)
COUHTY 01' _.. e.wroMlA
. 1
~::;.~ PA;-..rr;:t ,-"
'wIfII
VICINITY MAP
NO $CAlL
LEli[tQ
IJ.l3l/N
PROPOSED BOUNDARY OF
ANNEXATION NO. 8 TO
COMMUNITY FACILITIES DISTRICT No. 2003-1
OF THE CITY OF LAKE ELSINORE
(LAW ENFORCEMENT. FIRE. AND PARAMEDIC SERVICES)
COUNTY OF RIVERSIDE.
STATE OF CAUFORNIA
SCALE: '"=200'
VICINITY MAP
NO SCALE
WiEtlQ
DISTRICT BOUHOARY
3m""
FILED IN lHE oma: OF lIlE CITY CU/lIC OF JH[ CITY OF I.AJ(E ElSINORE: THIS ---DAY OF _2004.
CITY ClERK OF THE CITY OF LAKE ELSINORE
I HEREBY CERnFY THAT THE MDfIN MAP SHOMNG 1HE PROPOSED 8OIJHOARP[S Of" ANHCXAnON NO. a TO tHE DrY OF
LAKE ElSINORE COMMUNITY ~AClUncS DlSJRlcr NO. 200.3-1 CITY OF lAKf nSINORE'. COUNTY OF RlVERsroE. STAlE OF
CALIFORNIA WAS APf'RlWEO IIY THE CITY COUNCIL OF THe CITY OF I.AI<E ElSINORE: AT A REGUI.Alll.Y SCHEDULED "EtlING
THEREOf". HEl.O ON THe _ OAY OF 2004. IIY ITS RESO!.UlIOH No.
CITY CLERK OF THE CITY OF I.AJ(E ElSINORE
FIlED THIS _ OAY OF ~ 2004. AT THE HOUR OF _ O'CLllClC~M. IN IIOOK_ OF MAPS
OF ASSESSIIEHT AIlO COIIIlUHlTY rAClUllfS DISTRICTS PAGE: Nos._THROU~ AS INSIR\IIIENT No.~
IN THE OfFICE OF mE COUNTY RECORDER IN THe COUNTY OF R1\1E1lS1DE. STA TE OF CAlJI'ORHlA.
COUNTY RECOROER OF mE COUNTY OF RIVERSIDE
f"EE'_
REf"ERf:HCE THE RIVERS<< COUNTY ASSESSOfl'S MAPS rOR A DETAIlEO OESCRIPnON OF PARCEL UHES AND DIMENSIONS
PROPOSED BOUNDARY MAP
_HARRIS l< ASSOCIATES
,)AI EHCuliq Parll. 5u1tti ISO
_Irvln..a 92"'''
(9..9) iSS-J9DO . rAX (949) 555-3995
5
RESOLUTION NO. 2004- AO
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY
FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO.7 (CITY CENTER
TOWNHOMES PHASE II)
.......,
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City")
has established 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, commencing with Section 53311 of the
Government Code of the State of California (the "Act"); and
WHEREAS, the District will finance law enforcement, fire and paramedic services that
are in addition to those provided in the territory within the District prior to the formation of the
District and do not supplant services already available within the territory proposed to be
included in the District through the formation ofthe District subject to the levy of a special tax to
pay for such services, being approved at an election to be held within the boundaries of the
District; and
WHEREAS, the Council has provided for the annexation in the future of territory (the
"Future Annexation Area") to the District pursuant to the terms and provisions of the Act.
.......,
WHEREAS, the City has received a Consent and Waiver from Oak Grove Equities
requesting annexation of property owned by Oak Grove Equities, which constitutes a portion of
the Future Annexation Area, into the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council hereby determines to institute proceedings for the annexation
of Annexation Area No.7 (City Center Townhomes Phase II) into the District under the terms of
the Act. The exterior boundaries of the area to be annexed (Annexation Area No.7 (City Center
Townhomes Phase II)) are hereby specified and described to be as shown on that certain map
now on file in the office of the City Clerk entitled "Proposed Boundaries, City of Lake Elsinore,
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services),
Annexation Area No.7 (City Center Townhomes Phase II)," which map indicates by a boundary
line the extent of the territory included in Annexation Area No. 7 (City Center Townhomes
Phase II) and shall govern for all details as to the extent of Annexation Area No.7 (City Center
Townhomes Phase II). On the original and one copy of the map of such Annexation Area No.7
(City Center Townhomes Phase II) on file in the City Clerk's office, the City Clerk shall endorse
the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the
original of such map in her office and, within fifteen (15) days after the adoption of this
Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County
Recorder, County of Riverside, State of California. .......,
AIlENDA fTE~ NO. 5
"'-. PAGE..J2... OF ;). \.
r"
Section 2. The map showing Annexation Area No.7 (City Center Townhomes Phase
II), which area is to be subject to a special tax to be levied, is hereby approved and adopted. A
certificate shall be endorsed on the original and on at least one copy of the map of Annexation
Area No.7 (City Center Townhomes Phase II), evidencing the date and adoption of this
resolution. The City Clerk shall file the original of such map in her office and, within fifteen
(15) days after the adoption of this Resolution, the city Clerk shall file a copy of such map so
endorsed in the records of the County Recorder, County of Riverside, State of California.
Section 3. The name of the proposed annexation area shall be "City of Lake Elsinore
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services),
Annexation Area No.7 (City Center Townhomes Phase II)."
,,--.
Section 4. Except where funds are otherwise available, it is the intention of the City
Council to levy annually in accordance with procedures contained in the Act a special tax (the
"Special Tax") sufficient to finance law enforcement, fire and paramedic services that are in
addition to those provided in the territory within Annexation Area No. 7 (City Center
Townhomes Phase II) prior to the annexation of Annexation Area No. 7 (City Center
Townhomes Phase II) into the District and do not supplant services already available within the
territory proposed to be included in the District, the costs of administering the levy and collection
of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure
proceedings, legal, fiscal, and financial consultant fees, election costs, and all other
administrative costs of the tax levy. The Special Tax will be secured by recordation of a
continuing lien against all non-exempt real property in the proposed Annexation Area No.7
(City Center Townhomes Phase II). The schedule of the rate and method of apportionment and
manner of collection of the Special Tax is described in detail in Exhibit "A" attached hereto and
by this reference incorporated herein. The annexation of Annexation Area No. 7 (City Center
Townhomes Phase II) will not result in any change to the special tax rates levied in the District
prior to such annexation.
. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section
53325.3 ofthe Act and such Special Tax is not on or based upon the ownership of real property.
The maximum Special Tax applicable to a parcel to be used for private residential
purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and
established not later than the date on which the parcel is first subject to tax because of its use for
private residential purposes, and such amount shall not be increased over time by an amount in
excess of 2 percent per year. Under no circumstances will the Special Tax to be 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 proposed Annexation Area No. 7
(City Center Townhomes Phase II) by more than 10 percent. As specified by the Act, for
purposes of this paragraph, a parcel shall be considered "used for private residential purposes"
not later than the date on which an occupancy permit for private residential use is issued.
Section 5. A public hearing (the "Hearing") on the annexation of Annexation Area
No.7 (City Center Townhomes Phase II) and the proposed rate and method of apportionment of
the Special Tax shall be held on May 25, 2004, at 7:00 o'clock p.m., or as soon thereafter as
r"
A6ENDA ITEM NO.
'''', PAGE~ OF
~
~,
practicable, at the chambers of the City Council of the City of Lake Elsinore, 183 North Main
Street, Lake Elsinore, California 92530.
......,
Section 6. At the time and place set forth above for the hearing, any interested
person, including all persons owning lands or registered to vote within the proposed Annexation
Area No.7 (City Center Townhomes Phase II), may appear and be heard.
Section 7. Each City officer who is or will be responsible for the District, if it is
established, is hereby directed to study the proposed Annexation Area No.7 (City Center
Townhomes Phase II) and, at or before the time of the above-mentioned Hearing, file a report
with the City Council, and which is to be made a part of the record of the Hearing, containing a
brief description of Annexation Area No.7 (City Center Townhomes Phase II) and his or her
estimate of the cost of providing additional law enforcement, fire and paramedic services within
the boundary of Annexation Area No.7 (City Center Townhomes Phase II). The City Manager
is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs
associated with the annexation of Annexation Area No.7 (City Center Townhomes Phase II),
determination of the amount of any special taxes, collection of any special taxes, or costs
otherwise incurred in order to carry out the authorized purposes of the City with respect to the
District.
Section 8. The City may accept advances of funds from any sources, including
private persons or private entities, and is authorized and directed to use such funds for any
authorized purpose, including any cost incurred by the City in annexing the proposed Annexation
Area No.7 (City Center Townhomes Phase II). The City may enter into an agreement to repay
all of such funds as are not expended or committed for any authorized purpose at the time of the .....,
election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay
all of such funds advanced if the levy of the Special Tax shall be approved by the qualified
electors of Annexation Area No.7 (City Center Townhomes Phase II).
Section 9. The City Clerk is hereby directed to publish a notice ("Notice") of the
Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of the proposed Annexation Area No.7 (City Center Townhomes Phase II).
Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a
statement that the testimony of all interested persons or taxpayers will be heard, a description of
the protest rights of the registered voters and landowners in the proposed Annexation Area No. 7
(City Center Townhomes Phase II) as provided in Section 5339.5 of the Act and a description of
the proposed voting procedure for the election required by the Act. Such publication shall be
completed at least 7 days prior to the date of the Hearing.
Section 10. The voting procedure with respect to the establishment of the District and the
imposition of the special tax shall be by mailed ballot election.
......,
AGENDA ITEM NO. -.5
'" PAGE.JL OF ;) I
~
~
---
PASSED, APPROVED AND ADOPTED this
day of
CITY OF LAKE ELSINORE
, 2004.
Thomas Buckley, Mayor
ATTEST:
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
AGENDA .ITEM NO. 5
"'-. PAGE-3- OF...2L.
STATE OF CALIFORNIA
)
) ss.
)
......",
COUNTY OF RIVERSIDE
I, , City Clerk of the City of Lake Elsinore, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of said City at a
meeting thereof held on the _ day of ,2004, and that it was so adopted by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Vicki Kasad, City Clerk
......",
"""
AGENDA ITE~~NO. 5
" PAGE...nL OF 2. \
/'"'"'
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
/'"'"'
/'"'"'
AGENDA ITEM NO. 5
"PAGEJ.LOF ~ I
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 ofthe 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 ofa 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.
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
AGENDA ITEM NO. {-
"" PAGEJ2:. OF l
"""
~
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 lTEM NO. ! {---
" PAGEll;K
RESOLUTION NO. 2004- ).. ~
-
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY
FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO.8 (VISCAYA)
~
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City")
has established 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, commencing with Section 53311 of the
Government Code ofthe State of California (the "Act"); and
WHEREAS, the District will finance law enforcement, fire and paramedic services that
are in addition to those provided in the territory within the District prior to the formation of the
District and do not supplant services already available within the territory proposed to be
included in the District through the formation of the District subject to the levy of a special tax to
pay for such services, being approved at an election to be held within the boundaries of the
District; and
WHEREAS, the Council has provided for the annexation in the future of territory (the
"Future Annexation Area") to the District pursuant to the terms and provisions of the Act.
WHEREAS, the City has received a Consent and Waiver from Corman Leigh
Communities requesting annexation of property owned by Corman Leigh Communities, which
constitutes a portion of the Future Annexation Area, into the District; and
~
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council hereby determines to institute proceedings for the annexation
of Annexation Area No.8 (Viscaya) into the District under the terms of the Act. The exterior
boundaries of the area to be annexed (Annexation Area No. 8 (Viscaya)) are hereby specified
and described to be as shown on that certain map now on file in the office of the City Clerk
entitled "Proposed Boundaries, City of Lake Elsinore, Community Facilities District No. 2003-1
(Law Enforcement, Fire and Paramedic Services), Annexation Area No.8 (Viscaya)," which
map indicates by a boundary line the extent of the territory included in Annexation Area No. 8
(Viscaya) and shall govern for all details as to the extent of Annexation Area No.8 (Viscaya).
On the original and one copy of the map of such Annexation Area No.8 (Viscaya) on file in the
City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption
of this Resolution. The City Clerk shall file the original of such map in her office and, within
fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such
map so endorsed in the records of the County Recorder, County of Riverside, State of California.
Section 2. The map showing Annexation Area No. 8 (Viscaya), which area is to be
subject to a special tax to be levied, is hereby approved and adopted. A certificate shall be "'-"
AGENDA ITEM NO. c5
" PAGEB... OF.2L
~
endorsed on the original and on at least one copy of the map of Annexation Area No. 8
(Viscaya), evidencing the date and adoption of this resolution. The City Clerk shall file the
original of such map in her office and, within fifteen (15) days after the adoption of this
Resolution, the city Clerk shall file a copy of such map so endorsed in the records of the County
Recorder, County of Riverside, State of California.
Section 3. The name of the proposed annexation area shall be "City of Lake Elsinore
Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services),
Annexation Area No.8 (Viscaya)."
Section 4. Except where funds are otherwise available, it is the intention of the City
Council to levy annually in accordance with procedures contained in the Act a special tax (the
"Special Tax") sufficient to finance law enforcement, fire and paramedic services that are in
addition to those provided in the territory within Annexation Area No.8 (Viscaya) prior to the
annexation of Annexation Area No.8 (Viscaya) into the District and do not supplant services
already available within the territory proposed to be included in the District, the costs of
administering the levy and collection of the Special Tax and all other costs of the levy of the
Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees,
election costs, and all other administrative costs of the tax levy. The Special Tax will be secured
by recordation of a continuing lien against all non-exempt real property in the proposed
Annexation Area No. 8 (Viscaya). The schedule of the rate and method of apportionment and
manner of collection of the Special Tax is described in detail in Exhibit "A" attached hereto and
by this reference incorporated herein. The annexation of Annexation Area No.8 (Viscaya) will
not result in any change to the special tax rates levied in the District prior to such annexation.
r--
The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section
53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property.
The maximum Special Tax applicable to a parcel to be used for private residential
purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and
established not later than the date on which the parcel is first subject to tax because of its use for
private residential purposes, and such amount shall not be increased over time by an amount in
excess of 2 percent per year. Under no circumstances will the Special Tax to be 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 proposed Annexation Area No. 8
(Viscaya) by more than 10 percent. As specified by the Act, for purposes of this paragraph, a
parcel shall be considered "used for private residential purposes" not later than the date on which
an occupancy permit for private residential use is issued.
Section 5. A public hearing (the "Hearing") on the annexation of Annexation Area
No.8 (Viscaya) and the proposed rate and method of apportionment of the Special Tax shall be
held on May 25,2004, at 7:00 o'clock p.m., or as soon thereafter as practicable, at the chambers
of the City Council of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore,
California 92530.
~
5'
AGENDA ITEM NO.
PAGE~OF~
Section 6. At the time and place set forth above for the hearing, any interested
person, including all persons owning lands or registered to vote within the proposed Annexation
Area No.8 (Viscaya), may appear and be heard.
'-""
Section 7. Each City officer who is or will be responsible for the District, if it is
established, is hereby directed to study the proposed Annexation Area No.8 (Viscaya) and, at or
before the time of the above-mentioned Hearing, file a report with the City Council, and which is
to be made a part of the record of the Hearing, containing a brief description of Annexation Area
No.8 (Viscaya) and his or her estimate of the cost of providing additional law enforcement, fire
and paramedic services within the boundary of Annexation Area No. 8 (Viscaya). The City
Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including
all costs associated with the annexation of Annexation Area No.8 (Viscaya), determination of
the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in
order to carry out the authorized purposes of the City with respect to the District.
Section 8. The City may accept advances of funds from any sources, including
private persons or private entities, and is authorized and directed to use such funds for any
authorized purpose, including any cost incurred by the City in annexing the proposed Annexation
Area No.8 (Viscaya). The City may enter into an agreement to repay all of such funds as are not
expended or committed for any authorized purpose at the time of the election on the levy of the
Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced
if the levy of the Special Tax shall be approved by the qualified electors of Annexation Area No.
8 (Viscaya).
Section 9. The City Clerk is hereby directed to publish a notice ("Notice") of the .....",
Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of the proposed Annexation Area No.8 (Viscaya). Such Notice shall
contain the text of this Resolution, state the time and place of the Hearing, a statement that the
testimony of all interested persons or taxpayers will be heard, a description of the protest rights
of the registered voters and landowners in the proposed Annexation Area No.8 (Viscaya) as
provided in Section 5339.5 of the Act and a description of the proposed voting procedure for the
election required by the Act. Such publication shall be completed at least 7 days prior to the date
of the Hearing.
Section 10. The voting procedure with respect to the establishment of the District and the
imposition of the special tax shall be by mailed ballot election.
.....",
./
AGENOA ITEM NO.-4-r--
PAGE.Lk...OF~
r"
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PASSED, APPROVED AND ADOPTED this
day of
CITY OF LAKE ELSINORE
,2004.
Thomas Buckley, Mayor
ATTEST:
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
:5
AQENDA ITEM NO. ~~ \
, PAGEl1...OF~
STATE OF CALIFORNIA
)
) ss.
)
~
COUNTY OF RIVERSIDE
I, , City Clerk of the City of Lake Elsinore, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of said City at a
meeting thereof held on the _ day of , 2004, and that it was so adopted by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Vicki Kasad, City Clerk
~.
....,
AGENDA ITEM NO. 5" ..
"', PAGEJ.:i(.. OF ~
~
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
/""'
~
AGENDA ITEM NO. 5'
PAGEh OF :z. ,
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.
DevelDped 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.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July I 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 ......"
AGENDA ITEM NO. .5
" PAGE 2() OF ~ \
r"
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.
r"
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5
AGENDA nEM NO.
PAGE 2 \ OF~
"'"
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM:
RICHARD J. WATENPAUGH, CITY MANAGER
DATE:
APRIL 13, 2004
SUBJECT:
AUTHORIZATION TO PREPARE CEQA COMPLIANCE DOCUMENTS
FOR LAKE ELSINORE SQUARE (HOME DEPOT CENTER)
BACKGROUND
The City of Lake Elsinore serves as the lead agency to eyaluate 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.
DISSCUSSION
"'"
Due to the scqpe ofthis project, staff has requested HDR Engineering to prepare the CEQA
documents and studies for the Lake Elsinore Square (Home Depot) shopping center. The
proposed cost of preparing the environmental review is $87,210.
FISCAL IMPACT
The cost of preparing the environmental review will be paid by the applicant's fees 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
Staff recommends that the City Council authorize the City Manager to approve an agreement
with HDR Engineering, Inc to prepare the CEQA compliance documents for the Lake Elsinore
Square (Home Depot) shopping center in the amount of $87,210.
PREPARED BY: Robert A. Brady, Director of Community Development
"-
APPROVED FOR ~ ~
AGENDA LISTING: tt. ~
Richard J. Wat paugh, Ci ~er
"'"
Attachment
AGENDA ITEM NO. Co
PAGE--L- OF 10
;,i
- :!J,.
. '
'--' :
March 18, 2004 '
Mr. Duane Morita
Environmental Coordinator
City of Lake Elsinore,
Community Development Department
Planning Division' ,
130 South Main Street
lake Elsinore, CA 92530
RE: Proposal for J:>>reparation of California Environmental Quality Act
(CEQA) Compliance Documentation Services (Focused EIR)
Lake Elsinore Square -City of Lake Elsinore
Dear Duane:
, '
, .
, .
HDR appreciates the opportunity to prepare this proposc:d for the preparation of
California Environmental Quality Act (CEQA) documentation services for the Cny of
Lake Elsinore, Community DevetopmehfDepartment, Planning Division. HDRis
familiarwith City of Lake Elsinore CEQA procedures and requirements, and has,
prepared numerous Commercial' project CEQA documents. '
Ms. Wendy Worthey is the proposed HDR project manager for the Lake Elsinore
Square CEQA documentation effort. Wendy has over 15 years of comprehensive
CEQA compliance experience anq has beeh.involved with complex environmental
documentation efforts for a Variety of mixed-use projects throughout southern
California. '
Pursuant to your request, the attached scope of work and cost proposal outlines the .
CEQA documentation requirements in two phases: (1) Initial Study arid (2) CEQA
, document preparation and processing. Applicable costs for a focused EtR have
been included with the s,cope of work.
, ,
Please. review the attached scope of work/fee proposal and contact the undersigned
. should you have any questions or require further inforrryationor clarification. HDR is
prepared to begin work immediately on the CEQA documentation effort upon receipt '
,of notice to proceed from ths'Cityof Lake 'Elsinore. .
Sincerely,
HDR, Inc.
.....,
#4~
Eric J. Ruby
Vice President, E&RM Program Manager ,
Attachments: Scope of Work / Cost Proposal
Professional Services Agreement
Standard Hourly Rates
AQENDA. nEM NO. f.p
PAGE.-1L OF.J;Q- '-'"
HDREngineering.lnc.
9444 Farnham Strein
Suite 300
San Diego. CA 92123-1300
Phone: (858) 712-8400
Fax: 1858) 712-8333
www.hdrioc.com
Scope of Work
,.,--
March 18, 2004
Focused Environmental Impact Report
Lake Elsinore Square - Greenberg Farrow Architecture
City of Lake Elsinore, California
This scope of work for preparation and processing of an Focused Environmental Impact Report
(EIR) has been developed based upon information provided by the City of Lake Elsinore,
Community Development Department, Planning Division, Greenberg Farrow Architecture
(Applicant), State California Environmental Quality Act (CEQA) Statute (Public Resource Code
Sections 21000-21177), the CEQA Guidelines (Sections 15000-15387) and City of Lake
Elsinore, California Environmental Quality Act (CEQA) implementing procedures and
requirements.
Project Understanding
,.,--
It is our understanding that Greenberg Farrow Architecture has submitted an application to the
City of Lake Elsinore Planning Division for approval of a parcel map and a Conditional Use
Permit for a retail commercial center. The proposed project includes Home Depot, eleven
development pads, associated parking, and related infrastructure.
Based upon ongoing discussions with the city and the applicant, it appears that a focused
Enviro~ental Impact Report (EIR) will be the appropriate type of CEQA documentation for the
proposed project. This EIR will be prepared in accordance with CEQA, the CEQA Guidelines
and will include impact analysis on a focused group of environmental factors where appropriate..
HDR also understand that time is of the essence and that the applicant has an aggressive CEQA
document preparation and processing schedule.
For cost estimate purposes, it is assumed that the following technical studies will be prepared on
behalf of the applicant and provided to HDR for use in preparing the Initial Study:
. Geotechnical Report
· Traffic Report
. Cultural Resources Report (including GPR utilization)
. Phase 1 ESA Report
. Hydrology Study/Drainage Plan/Grading Plan
. Water Quality Management Plan / Storm Water Pollution Prevention Plan
. Architectural Elevations / Artist Renderings / Site Plan
If these studies are not available at the time of preparation of the Initial Study, HDR will provide
,.,-- a scope of work and cost estimate to complete the studies, or conditions of approval will be
HI~
March 18, 2004 ('
AGENDA ITEM NO. \i)
". PAGElOF 10
required to address requirements for subsequent technical analyses (prior to grading permit
issuance) in these areas, and applicable mitigation measures.
Additionally, to address potential air quality impacts, our cost estimate assumes that the project
applicant will provide relevant market capture and retail location information to assist HDR in
determining resultant trip generation and trip length reduction that may be attributed to the
project.
Our scope of work includes a biological database search and reconnaissance survey. Although
the majority of the proposed project site has been previously disturbed, some records indicate that
the special-status species, smooth tarplant and Stephen's kangaroo rat, may potentially occur near
the site. In addition, the reconnaissance survey would include observations of suitable habitat and
the presence of jurisdictional waters.
"'-""
Task 1 - Initial Study
HDR will prepare an Initial Study pursuant to Section 15060-15065 of the CEQA Guidelines to
assist in determining the appropriate type of CEQA document required for the proposed project.
If the Lead Agency can determine that an EIR will clearly be required for the project, the Initial
Study is not required but may still be desirable. The Initial Study will include the following
components:
. Project Description including all phases of project planning, implementation, and
operation;
. An identification of the Environmental Setting;
. ~ discussion of the ways to mitigate the significant effects identified, if any;
. An examination of whether the project would be consistent with existing zoning, plans,
and other applicable land use controls; and
. The name of the person or persons who prepared or participated in the Initial Study.
"'-""
The Initial Study will (1) describe the proposed project and any related offsite infrastructure
improvements, (2) document the environmental conditions on the project site for a variety of
factors, (3) determine the level of impact to onsite environmental resources, if any, (4) outline
mitigation measures to reduce the level of impact to less than significant levels, if required and
(5) make the CEQA mandated findings.
"'-""
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March 18, ~
AGENDA ITEM NO.
" PAGE2:LOF-11L
Task 2 - Focused Environmental Impact Report
~ Administrative Draft Focused Environmental Impact Report
A focused Environmental Impact Report will be prepared in accordance with Section 15163 of
the CEQA Guidelines. A focused EIR has been determined to be the appropriate type of CEQA
documents, as only minor additions and revisions to the previously certified fmal EIR are
required to accurately reflect the current project and related impacts.
Data Collection and Coordination / Notice of Preparation
All project initiation and coordination activities will occur under this task. Preparation of the
Administrative Draft EIR will be based on existing available public information to the maximum
extent practical. In addition, technical studies will be prepared by others will be incorporated into
the administrative Draft EIR. Additional data needs will be identified, obtained and incorporated
into the administrative Draft EIR as required.
HDR will assist the City of Lake Elsinore Planning Division with preparation/distribution of the
Notice Preparation (NOP) of a Draft EIR for submittal to the State Clearinghouse/Office of
Planning and Research. In addition, the NOP will contain a detailed discussion of the project
description, CEQA requirements and a detailed project chronology. All NOP response issues will
be evaluated in the Draft EIR.
"........
This scope of work assumes that HDR will prepare and distribute the NOP, including the Initial
Study (50 copies), if needed. The NOP will be circulated for a 30-day public/agency review to
solicit comments regarding the scope of the Draft EIR. The Lake Elsinore Planning Division has
indicated that the final scope of the EIR will be determined at a project Scoping Meeting.
Administrative Draft EIR Preparation
HDR will prepare an Administrative Draft EIR for review by the City of Lake Elsinore Planning
Division. The Administrative Draft EIR will be prepared in accordance with the provisions of the
amended CEQA Guidelines and will include all CEQA and City required sections based on the
previously circulated NOP. Each environmental factor will be evaluated for existing conditions,
project impacts, level of significance of project impacts, cumulative impacts, level of significance
of cumulative impacts, mitigation measures and level of significance with mitigation measures.
The following provides a brief discussion of the work to be undertaken for each of the key areas
in the Draft EIR:
Section 1.0 - Introduction and Summary: The introduction will be based on the information
included in previous documentation and include information regarding the purpose of an EIR and
procedural information. This section is also intended to provide a quick understanding of the
project's predicted impacts and mitigation measures. It will identify, in an overview fashion, the
proposed project under consideration and its objectives including any design features of the
project which will be implemented. This section will briefly discuss the environmental impacts
associated with project implementation (whether beneficial or adverse, significant as well as
insignificant), and will contain discussions of impact areas (AestheticsNisual, Geology/Soils,
Hazardous Materials, Hydrology/Water Quality, Noise, Public Services, Utilities) determined to
be insignificant and therefore not elaborated on in the Impacts Analysis (Section 4.0).
~
Section 2.0 - Project Description: The project description will be based on information provided
by the applicant and City of Lake Elsinore and will include the project location and setting, site
characteristics, project objectives, and the characteristics of the project, including technical
studies done describing impact areas determined to be less than significant. This section will also
li):{
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March 18,2004 I'~
AGENDA ITEM NO. ~
~, PAGE 5' OF.KL
include the requested permits and approvals for the project. Transmittal of all entitlement
documentation (CUP and Tentative Tract Map) to HDR in a timely manner is crucial to meeting
established environmental document preparation and processing schedules.
Section 3.0 - General Environmental Setting: This section will provide an overview of the '-'
environmental setting for the project. An analysis of the major environmental characteristics will
be presented, along with a discussion of the past, present, and reasonably foreseeable future
projects and activities in the surrounding areas that will serve as the basis for the cumulative
impact analysis.
Section 4.0 - Environmental Impact Analysis: For each potentially significant issue identified in
the NOPlInitial Study, this section of the EIR will include an updated discussion of the
environmental setting, significance thresholds, project impacts, mitigation measures, cumulative
impacts and the level of significance after mitigation. The assessment of impacts will be
consistent with CEQA requirements and will utilize defined threshold of significance to
determine the impacts of the proposed project. The following is an overview of the approach to
the key environmental issues:
Air Quality - HDR will prepare a technical air quality evaluation pursuant to SCAQMD
CEQA guideline requirements. The existing air basin will be described and county, state and
federal mandated significance thresholds will be documented. Project related emissions
(construction, operational and special event) will be documented for each proposed land use
and a CO hot spot analysis will be run. Mitigation measures will be proposed in response to
conclusions of significant project impacts.
Biological Resources - HDR will incorporate the biological survey results into the
Administrative Draft EIR. The EIR will include a discussion of existing onsite biological
resources, including threatened and endangered species and state and federal regulatory
agen<:y resources. The CDFG CNDDB will be run for the project site and any identified
sensitive resources documented. The potential impacts to biological resources as a result of '-'
the proposed project will be documented. Mitigation measures will be proposed in response
to conclusions of significant project impacts.
Cultural Resources - The EIR will include the summary of the cultural resource records
search, investigations and findings, including the results of the GPR survey. Cultural
resources surveys and reports will be the responsibility of the applicant.
Transportation/Fraffic - HDR will incorporate findings from a traffic report prepared by
others that will document existing traffic and circulation conditions in the vicinity of the
proposed project and project related traffic/circulation impacts. The traffic report will be
prepared to address City of Lake Elsinore concerns regarding substandard traffic and
circulation conditions, project impacts and mitigation measures will be proposed in response
to reduce traffic impacts to less than significant levels.
Section 5.0 - Project Alternatives: Alternatives will be established in discussions between HDR,
the City of Lake Elsinore, and the applicant. For the purposes of this proposal, a total of two
alternatives in addition to the mandatory no project alternative will be considered in this section
of the EIR. For each alternative, a description of the alternative, consideration of the alternative's
feasibility in relation to the proposed project's basic objectives, and a comparative analysis of the
environmental impacts attributable to the alternative versus those associated with the proposed
project for each of the environmental categories discussed above will be provided. Consideration
of any further alternatives which may be required will require modifications to the project budget.
Section 6.0 - Growth-Inducing Impacts: HDR will prepare the CEQA-required analysis section.
~
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March 18, 2004 (0
AGENDA ITEM NO. .
~. PAGE...k... OF lL.
Section 7.0 - Inventory of Unavoidable Adverse Impacts: HDR will prepare the CEQA-required
analysis section.
~
Section 8.0 - Mitigation Monitoring: Program: HDR will prepare the CEQA-required analysis
section containing a compilation of mitigation measures presented in the EIR
Section 9.0 - Persons and Organizations Consulted/References: HDR will prepare this section of
the EIR to document all persons and sources that contributed to the environmental analysis.
Draft Focused EIR
HDR will prepare a Screencheck Draft EIR for submittal. HDR will submit three copies of the
Screencheck Draft EIR for City and applicant review.
Following City review of the Screencheck Draft EIR, HDR will prepare the Draft EIR which
incorporates final changes. HDR assumes that changes will be minimal due to early consultation
with the City, previously approval of technical reports by City personnel, and submittal of the
Second Screencheck Draft EIR. HDR assumes that 50 copies of the Draft EIR and technical
appendices will be provided for distribution. HDR will prepare the Notice of Completion prior to
public circulation of the Draft EIR and will assist in transmitting the required copies to the State
Clearinghouse.
Preparation of Response to Comments/Final EIR
Near the conclusion of the public review period, HDR will work with the City of Lake Elsinore to
obtain all comments received on the Draft EIR. After consultation with City and the applicant,
HDR will prepare the administrative Final EIR. An Administrative Final EIR containing
proposed responses to comments and revisions to the Draft EIR identified from review comments
will be prepared once all comments are received. It is difficult to predict public reaction to the
Draft EIR. at this time. For the purposes of this proposal, it is assumed that public reaction to the
document will be typical and will include a maximum of 10 comment letters. In the event that
the public comments on the Draft EIR are greater than expected, HDR would meet with the City
of Lake Elsinore develop adjustments to the work program as necessary. In addition, this scope
does not include revisions to the Draft EIR text. This document will respond to all written
comments received. Five copies of the Administrative Final EIR will be submitted to the City of
Lake Elsinore for review.
~
Upon incorporation of comments on the Administrative Final EIR, HDR will prepare a
Screencheck Final EIR for submittal to the City of Lake Elsinore. HDR assumes that City
comments on the Screencheck Final EIR will be minimal. We have included an allowance for an
additional review of Second Screencheck Final EIR. Subsequent to incorporation of City
comments, HDR will submit 15 copies of the Final EIR for distribution.
Mitigation Monitoring Program (MMP)
HDR will prepare a Mitigation Monitoring Plan (MMP) for submittal with the Final EIR. The
MMP will contain a compilation of mitigation measures presented in the EIR. These mitigation
measures and the established MMP will be fully consistent with City policies and programs and
will meet the requirements of Section 21081.6(a) of the Public Resources Code. If requested, the
MMP will be included in the Final EIR as a technical appendix.
CEQA Findings
~.
HDR will prepare requisite CEQA findings and if required, a Statement of Overriding
Considerations, for presentation to the Planning Commission and City Council.
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March 18, 2004 ~
AGENDA ITEM NO.
"PAGE I OFJO
Attendance at Meetings, Public Meetings and Hearings
This scope of work includes an allowance for a total of up to 4 meetings related to the project.
This includes the following: one meeting between HDR and the applicant involving project
initiation, and data collection, one coordination and review meeting which may be required for
preparation and revisions to the Draft and Final EIR, one Planning Commission public hearing
and one City Council public hearing. HDR will attend any additional required meetings beyond
this allowance, if requested, and will be invoiced in accordance with current fee schedules,
following receipt of written authorization to proceed.
.....,
"""
"""
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March 18,2004 ( ;..
A<iENOA HEM NO. 'P
" PAGE 8' OF~
Schedule
~
HDR understands that time is of the essence and the CEQA environmental documents will be
prepared in an efficient manner. The following schedule depicts the EIR preparation and review
process schedule and includes the major project CEQA milestones:
DURATION
2 Week
~
TASK
Data Collection and Coordination
Initial StudylNOP
Prepare Draft Initial Study/NOP
City Review
FinalizelDistribute Initial Study/NOP
Initial Study/NOP Public Review Period
Administrative I Draft EIR Preparation
Prepare Screencheck Draft EIR
City Review
Second Screencheck Draft EIR (if needed)
City Review
Prepare Draft EIR
Draft EIR Public Review Period
Preparation of Response to CommentslFinal EIR
Prepare Screencheck Final EIR
City Review
Prepare Second Screencheck Final EIR (if needed)
City Review
Prepare Final EIR
Submit Final EIR For Certification
Attendance at Meetings, Public Meetings and Hearings
a This review period is just an estimate, dependent on City of Lake Elsinore schedule.
1 week
1 day
1 week
30 days
4 weeks
3 days 3
1 week
1 day 3
1 week
45 days
1 week
2 days a
2 days
1 day 3
2 days
1 day
Ongoing
,....
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March 18,2004 ,_.
AGENDA ITEM NO.~
'-, PAGE..51- OF JLL
Cost Estimate
The following cost estimate has been prepared to outline costs to complete the above outlined
scope of work tasks. Reimbursable expenses, including travel/computer, etc. will be invoiced in
accordance with HDR standard rate schedule. Document reproduction is an estimate only and a
detailed estimate will be obtained prior to document production. Costs are based upon the HDR
standard hourly rate sheet (attached).
'--"
TASK
COST
Task 1 - Initial Study I Notice of Preparation
Subtotal Task 1
$ 6,500
$ 6,500
Task 2 - Focused Environmental Impact Report
Administrative Draft EIR
Draft EIR
Response to Comments I FEIR
Mitigation Monitoring Program
CEQA Findings
Coordination I Meetings I Public Hearings (4 meetings I hearings)
Subtotal Task 2
$39,000
$ 5,000
$ 10,000
$ 3,500
$ 3,500
$ 7,500
$71,500
Document Reproduction / Reimbursables
Initial Study (50)
Draft EIR (50)
Respons<:: to Comments I FEIR (15)
Reimbursables (mileage, computer, GIS, technology charge, etc.)
Subtotal Reimbursables
$ 1,500
$ 5,200
$ 3,000
$ 2,910
$12,610
'--"
Total- Tasks 1 & 2
$87,210
* Document printing costs can be eliminated if the applicant prefers to use a direct bill reproduction account.
Should the need arise for additional professional services beyond those set forth in the scope of
services due to revisions to the project, the regulatory environment, requirements exceeding our
specified budget allowances, HDR will only undertake such additional services upon receipt of
authorization by The City of Lake Elsinore.
'--"
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March 18, 2004 (
AGENDA ITEM NO. \(J
PAGE.lil Of..J..CL
".-....
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
RICHARD J. W ATENP AUGH, CITY MANAGER
DATE:
APRIL 13, 2004
SUBJECT:
AMENDMENT TO AND REASSIGNMENT OF THE LICENSE
AGREEMENT OF THE OLD LIBRARY BUILDING
BACKGROUND
In January 2001, the City entered into an agreement with the County of Riverside Office of
Education for operation of the "Old Library Building" located at 400 W. Graham Avenue.
The purpose of the agreement was for the licensee to operate a youth training and education
program, a long-term comprehensive system of services that better prepares high risk youth to
make successful transition to the workforce and continued education.
.--..
DISCUSSION
The current agreement is set to expire June 30, 2004. The initial agreement is with the Riverside
County Office of Education. The Economic Development Agency (EDA) ofthe County has been
asked to step forward and continue the operation of the program and has asked the City to extend
the lease and approve assigning the lease to the EDA (Section 7).
The City will also be changing the term to a year-to-year format (Section 1) with the County
requesting that Section 10, Termination, be amended to 180 days instead ofthe original 60 days.
Staff has been in discussions with the City Attorney regarding the agreement and the proposed
changes and is in agreement with staffs recommendations.
FISCAL IMPACT
No additional impact is anticipated.
RECOMMENDATION
It is staffs recommendation that the Mayor and City Council amend the existing agreement to
reflect the following:
.--..
A) Licensee to be the County of Riverside Economic Development Agency;
ACEN9A ITEM NO. J .. ..0",
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B) Section 1, "Term" to reflect a year-to-year agreement not to exceed three (3) years;
C) Section 10 to reflect 180 day termination notification.
"""
Staff would also recommend that the Mayor and City Council authorize the City Attorney and the
Director of Community Services to negotiate with the EDA and County Council on an agreement
as outlined in this report and authorize the City Manager to execute the License Agreement.
PREPARED BY:
David W. Sapp, Director of Community Services
APPROVED BY:
APPROVED FOR
AGENDA LISTING:
Richard J. Wat
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AGEN9A ITEM KO.
PAOI:A
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1_
_.
, ---:
RIVERSIDE COUNT Y
OFFICE OF EDUCATION
DR: DAVID LONG
Rivesside County Superinlendent 01 Schook
3939 Thirteenth Street
P.O. Box 868
Riverslcje; California
92502-0868
47-336 Oasi~ StrE;et
Indio, California
92201-6998
24980 Las Brisas Road
. .
Murrieta, California
92562
/"'"
Riverside Coun,ty
Board of Education
. Charles H. Brugh'
Gera1ci P. Cola pinto
Lisa A. Conyers
Lynne D.Craig
Betty Gibbel .
Milo P. Johnson
............/illiam R. Kroonen
.~ ~~ ~U2:~~~
CITY CLERKSOFFI'CE
February 26, 2004
. City of Lake Elsinore
130 South Main Street
" LakeElsinore,Califomia92530
Subject: Lease Agreemenf, ' Contract. Number C-4491
DearSir or Madam:
,This'letter is.writteninacc()fdancewith the.contract giving you a sixty(60) days'
written notice of Superintendent's intent to teI:IIlinate the above leaseagreemeIlt at
400 West Graham, Lake Elsinore, California 92530.
The Superintendent shall vacate thypretfiisesby June 30,2004
Ith<iS been a pleasure to work with you during the term of this lease. I look forward
to hopefully doing business with you in the future.
If you have any.que.. stions, plt~ase .call me at (909)~ 826,.6892.
. : ,. .,
Sl..i~.. .,~C,"", ee...r.r.e e.II,....yy.. '.1'..,.} '.'.,.~.','.' .' _ .. r;?, /
D~;V17~
,"Contracts and Purchasing Supervisor
(:entra1ized Support Services ,
Division of Administration and Business Services
PHONE: (909) 826-6892 FAX: '[909].826-6975.
DF:rjt
Enclosures
STANDLTR.DOC
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ACeNDAil'EM NO.~
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(]4, >C/y')
INTEROFFICE MEMORANDUM
'-"
TO:
FROM:
DATE:
SUBJECT:
RICHARD J. WATENPAUGH, CITY MANAGER A /
DAVID W. SAPP, DIRECTOR OF COMMUNITY SERVICES .JlI(
12/31/2003
YOUTH OPPORTUNITY CENTER
Today, I met with Ms. Mary Jo Ramirez and Ms. Michelle Hagen of the California Family
Life Center which oversees the operation of the Youth Opportunity Center on Graham
Avenue.
Apparently they are in the process of submitting a grant, the 'Workforce Investment Act,"
of $850,000 to keep the contract period on-going through June 30, 2007. The $850,000
is an annual contract awarded to the lead agency in which the California Family Life
Center proposes to be.
However, the agreement for use of the building has expired with the Riverside County
Office of Education and is not or was not transferable or assignable.
I have attached a copy of the WIA Summary for your review, which identifies 85 low-
income, disadvantaged youth ages 14-21 as participants should the grant be secured
(and most likely will be if the facility is retained).
'--'
I have also included a copy of the "Empower Youth Program" from the City of Hemet
highlighting the community activity in the city through their Youth Opportunity Center.
The W.I.N. Program is a very good program that could benefit the City in many
community oriented ways if the City was to be more proactive with the program. I think if
we were to open better lines of communication and cooperate with them at a program
level, we would be able to direct some of their community projects to areas that directly
benefit the City.
We will need to discuss the options we wish to pursue regarding Planet Youth and the
facility as to whether to continue the program or terminate it and relocate a City
department to that site.
:cd
Attachments
c. Assistant City Manager
Director of Administrative Services
Public Works Manager
RecreationfT ourism Manager
Community Services Coordinator - LCC
'--'
AGENDA ITEM .00. 7.
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WIA Summary
The enactment of the Workforce Investment Act of 1998 (WIA) brings substantial
change to how youth are served in the workforce development system. The intent of the
legislation is to move away from one-time, short-term interventions, to a long-term
comprehensive system of services that better prepares high risk youth to make
successful transition to the workforce and continued education. The current Lead
Agency (RCOE) for Lake Elsinore's Youth Opportunity Center (Planet Youth) will not
be applying for funding under the current WIA Request for Proposal. California Family
Life Center will be submitting a proposal as the new Lead Agency in partnership with
Lake Elsinore Unified School District, Mt. San Jacinto College, Riverside County Office
of Education Alternative Education, and private sector partners to include Totally
Themed and John Mesa Murals. This collaboration is a community driven effort to
create for youth opportunity to achieve goals that encourage dignity and empowerment,
to achieve a higher level of education and to develop the necessary vocational skills for
today's j ob market. This includes longer-term a cademic and occupational training for
youth through an innovative system that will help youth overcome barriers to education,
employment and personal development. An integral component will be summer youth
employment that ties together basic academic and occupational learning opportunities.
The procurement will c over a period 0 f three years effective July 1 , 2004 -June 30,
2007. Contracts will be awarded to the Lead Agency on an annual basis with contract
renewal ba~ed upon satisfactory service delivery and performance outcomes. We will
propose that 85 low- income, disadvantaged youth ages 14 -21 years of age will be
enrolled during the new program year to receive extensive WIA services. For the 38
youth currently enrolled they will be placed in follow-up activities and provided support
services. Work experience for the year round component will be for 12 weeks at 20 hrs.
per week with youth paid $6.75 per hour. A Summer Work Experience component will
offer youth training for 8 weeks at 20 hrs per week with youth paid $6.75 per hour.
California Family Life Center provides strong leadership, guidance, and the experience
needed for a higher level of collaboration necessary for the continual success of this
WIA Initiative. California Family Life Center's Empower Youth program is a
comprehensive system of youth development, employment and education services.
The Empower Youth Program provides the effective and energetic leadership to serve
youth that few proqrams have been able to serve well, juvenile offenders, qroup home
youth, foster care youth, hiqh school dropouts, and preqnant and parentinq teens. The
. Empower Youth Program creates opportunity for at-risk youth ages 14 to 21 to learn
and experience directly the world of work, and supports youth in achieving excellence in
academic, vocational, personal development and life skills training. The Empower
Youth Program connects caring adults to youth and provides them with a clear viable
pathway to positive life opportunities. Services includes longer-term academic and
vocational training for youth through an innovative system that help youth overcome
barriers to education, employment and personal development.
AGENDA ITEM.,fJO"_ 1 ,~.
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LICENSE AGREEMENT
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This License Agreement IS made between the City of lake Elsinore, 130 S. Main Street,
lake Elsinore, CA 92530, herein called City, and the Riverside County Superintendent of
Schools, herein called Licensee.
City hereby offers to allow Licensee to access and use the premises situated in the City of
lake Elsinore, County of Riverside, State of California, described as the "Old library
Building" located at 400 W. Graham, lake Elsinore, CA 92530 upon the following terms and
conditions:
1. Term. This license is a nonexclusive license to access the above premises
commencing January 1, 2001, or as soon thereafter as the City Council approves this
license Agreement, through June 30, 2002, or until termination by either party. An
annual License fee of $1.00 shall be paid in advance on the first day of each year
during the term of this license.
2.
Use. licensee shall use the premises for the purpose of operating a youth program
through the W.I.A.-funded South County Workforce Investment Network (WIN) and
conducting employment training and educational services. Such use pursuant to this
License shall not be assigned to any other person or entity. The City of lake Elsinore
will also operate a Tiny Tot Program in the facility. The City (Tiny Tot program) will
supply its own office supplies, paper product, telephone services and reimburse
Licensee on a monthly basis for its equitable and proportionate use of electricity, gas,
water, janitorial and maintenance services.
~
3.
Care and Maintenance of Premises. licensee acknowledges that the premises are
in good order and repair, except as otherwise indicated herein on Exhibit A. licensee
shall, at his own expense and at all times, maintain the premises in good and safe
condition. Subject to the City correcting the listed items in Exhibit A, licensee shall
make certain improvements to the premises as set forth in Paragraph 4-Alterations.
4.
Alterations. licensee shall not, without first obtaining the written consent of City,
make any alterations, additions. or improvements. in, to or about the premises except
those set forth herein. Such alterations, additions and improvements will be made by
licensee within the first 60 days following commencement of this Agreement
provided however that the City has effected the corrections listed in Exhibit A.
licensee's planned alterations, additions and improvements shall include the
following: new interior paint of a grade and color approved by the City, new interior
carpet of a grade and color approved by the City, new asphalt in the parking area
consistent with the City's building code requirements and rod iron type fencing around
the outside designated play ground area. licensee's total cost of any and all
alterations. additions and improvements shall not in any event exceed the sum of
$30,000. licensee shall also provide furniture and/or materials for the Tiny Tot
program up to $2,000.
5.
Insurance. Without limiting licensee's indemnification of the C:ty, its agents, officers,
employees and designated beneficiaries, Licensee and all of Licensee's
subcontractors, and vendors shall provide and maintain at its own expense during the
term of this license the following program of insurance covering its operations
hereunder. Such insurance shall be provided by insurer(s) satisfactory to the City
7 __
Of 2..0J'(81
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AClNOA lIE)/! ~.
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and evidence of such programs satisfactory to City shall be delivered to the City
Manager, on or before the effective date of this License. Such evidence shall
specifically identify this License and shall contain the express condition that City is to
be given notice.at least thirty (30).days in advance of any modification or termination
of any program of insurance and/or self-insurance status:
General Liabilitv - A program including, but not limited to, general liability with a
combined single limit of not less that One Million Dollars ($1,000,000) per occurrence.
Such insurance shall.' be primary to and not contributing with any other insurance
maintained by City and shall name the City of lake Elsinore its agents, officers,
employees and designated beneficiaries as an additional insured.
Workers' Compensation - A program of Workers' Compensation insurance in an
amount and form to meet all applicable requirements of the labor Code of the State
of California including Employers Liability with a $1,000,000 limit per accident which
specifically covers all persons providing seryices by or on behalf of licensee and all
risks to such persons under this License.
Failure on the part of licensee to procure or maintain required insurance shall
constitute a material breach of contract under which City may immediately terminate
or suspend this License or at its discretion. procure or renew such insurance and pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by licensee to City upon demand. Conduct of the operation shall not
commence until licensee has complied with the aforementioned insurance
requirements.
".-...
6.
Ordinances and Statutes. licensee shall comply with all statutes, ordinances and
requirements of all municipal. state and federal authorities now in force. or which may
hereafter be in force, pertaining to the premises, occasioned by or affecting the use
thereof by licensee.
7. Assignment and Subletting. Licensee shall not assign this license or attempt to
sublicense any portion of the pr~mises without prior written consent of the City, which
consent may be withheld for any reason. Any such assignment or attempt at
sublicense without the City's consent shall be void and. at the option of the City, may
terminate this license without any reimbursement as otherwise provided in
Paragraph 9.
8. Utilities. All applications and connections for necessary telephone and DSl services
and electrical, gas, water utilities on the premises shall be made in the name of
licensee only and at Licensee's sole expense. Licensee shall be responsible for all
monthly utility bills including but not limited to telephone, water, electric and gas,
9. Entry and Inspection. City retains the right to enter upon the premises at any
reasonable times for purposes of inspection or as required to operate the
aforementioned City Tiny Tot Program.
10.
Termination. Either party may terminate this license for any reason whatsoever
upon 60 days written notice. If the City terminates this license prior to the end of the
first twelve months of this license. then the City will within 60 days of its written notice
of termination to licensee. reimburse Licensee $30,000 or the actual cost of
Licensee's alterations, additions and improvements. whichever sum is less. If the
City terminates this license after the first twelve months of this license, then the City
will within 60 days of its notice of termir.ation to Licensee, reimburse the licensee on
".-...
AOiNOA ITEM NO. 7
.'~!W'I- L5 Of 'i..b-
11.
\"'-l)L)-UU
a pro rata basis of the $30,000 or the actual cost of licensee's alternations, additions
and improvements. whichever sum is less. .
Indemnification of City. City shall not be liable for any theft, destruction, damage or
injury whatsoever to Licensee, or any other person, or to any property, occurring on
the premises or any part thereof, and Licensee agrees to hold City harmless from any
such claim, no matter how caused.
......,
12. Limited to Access Only. This license is limited to access and use as described of
the premises. Licensee shall have no right to use any of City's supplies, equipment,
or any other assets of City.
13. Destruction of Premises. In the event of a partial or total destruction of the
premises during the term hereof, from any cause, this License shall be terminated.
14.
Remedies on Default. If Licensee defaults in the payment of the License fee or
defaults in the performance of any of the other covenants or conditions hereof, City
may give Licensee written notice of such default, and if Licensee does not cure any
such default within thirty (30) days, after the giving of such written notice (or if such
other default is of such nature that it cannot be completely cured within such period. if
Licensee does. not commence such curing within such thirty (30) days and thereafter
proceed with reasonable diligence and in good faith to cure such default), then City
may terminate this license on not less than thirty (30) days written notice to licensee.
On the date specified in such written notice the term of this License shall terminate,
and Licensee shall then cease all access to the premises to City, but Licensee shall
remain liable as hereinafter provided. If this License shall have been so terminated
by City, City may at any time thereafter prevent access to the premises by any lawful
means and remove lic~nsee or other occupants and their effects. No failure to
enforce any term shaH be deemed a waiver.
......,
15. Attorney's Fee. In case suit should be brought for recovery of the premises, or for
any sum due hereunder, or because of any act which may arise out of the possession
of the premises, by either. party, the prevailing party shall be entitled to all costs
incurred in connection with such action, including reasonable attorneys' fees.
16. Notices. Any notice which either party may, or is required to give, shall be given
mailing same, postage prepaid. to Licensee at the premises, or City at the address
shown below, or at such other places as may be designated by the parties from time
to time. City of lake Elsinore. 130 S~ Main S1. Lake Elsinore, CA 92530 A TTN: City
Manager.
17. Heirs, Assigns, Successors. This License is binding upon and inures to the benefit
of the heirs, assigns, successors in interest to the parties.
18. Extension. All of the terms and conditions of the License shall apply during any
extension term.
19. Option to Extend. Superintendent shall have options to extend the term of this lease for one
(1) two (2) year period, which may be exercised in the following manner:
(a) The option shall be exercised by licensee giving City written notice of its
election thereof, in writing, not later than sixty (60) days prior to the expiration
of the initial term of this lease.
......,
AOINOA ITEIf 80.7-
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20. Entire Agreement. The foregoing, including the Statement of Work contained in
Exhibit A, constitutes the entire agreement between the parties and may be modified
only in writing sign~d by both parties.
",-...,.
Dated:
3 -'J-/.,f) (
,2001.
Dated: ~/ ~O /0 )
,2001.
",-...,.
"......
City of Lake Elsinore
.....
By:
Riverside County superintenden~f Schools
By6~J<
Deputy . ~
AoemA~NO.~.
PAOl_IXfJf~
C-1525-00
Rjverside County Office of Education
South County Workforce Investment Act (SC-WIN)
~
EXHIBIT A
STATEMENT OF WORK
CITY OF LAKE ELSINORE
400 W. Graham St., Lake Elsinore, CA 92530
As a part of the License Agreement, the city will provide the following materials, labor, equipment, and/or
services as described below:
CITY OF LAKE ELSINORE AGREES TO:
Prior to use by Licensee:
.
Remove screws in sidewalk outside the property to ensure safety of all who use the facility.
Repair/replace sagging light fixtures throughout property.
Certify that all HVAC equipment is in good working order.
Repair warped door.
Repair hand railing on ramp to building.
Confirm good working order of all lighting fixtures, electrical wiring and outlets (inside and outside),
water heater, telephone jack (both wall and floor), plumbing, water and sewer.
Ensure security alarm system is in good working order.
.
.
.
.
.
.
~
OnQoinQ Services
· Provid.e gardening/landscaping including watering, fertilizing, mowing, edging, plant maintenance.
· Maintain Exterior of Building
· Provide Janitorial Services for the City Tiny Tots program area
"""
AGeNDA ITEH. 110. 1 0 ~
MOl J ~ Of 2,t .
,,-...
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: RICHARD WATENPAUGH, CITY MANAGER
DATE: JANUARY 23, 2001
SUBJECT: SOUTH COUNTY WORKFORCE INVESTMENT ACT-
LICENSE AGREEMENT FOR USE OF LmRARY BUILDING
BACKGROUND
For the past year, a group of non-profit and community organizations has been working together
as the South County Workforce Investment Act (SC-WIN). The Riverside County Office of
Education assumed the lead role and was able to obtain a $600,000 grant for eighteen (18) months
to operate a Teen Services Center.
DISCUSSION
.--.
The City of Lake Elsinore is a partner in the SC- WIN group and will provide the "old library
building" located at 400 W. Graham St, for the Teen Services Center for teens ages 14 to 21. In
exchange for this use, the city will receive renovations to the building, not to exceed $30,000,
including new carpet, new asphalt and striping in the parking lot and new chain link fencing around
the outside designated play area. In addition, the city will retain a portion of the building to operate
a Tiny Tot program. The SC-WIN program funds will also provide furniture and supplies for the
Tiny Tot program up to $2,000. An annual license fee of $1.00 will be paid as rent for the
building. The SC- WIN program will also pay for all utilities and janitorial services for their
portion of the building. If the program is successful and receives additional funding, the SC-WIN
program is asking for an option to extend to the license agreement for two (2) separate and
consecutive two (2) year periods.
The proposed License Agreement has been reviewed by the City Attorney and the Legal Counsel
for the Riverside County Office of Education.
FISCAL IMPACT
Approval of the agreement would result in $30,000 worth of improvements to a city facility. The
Tiny Tot program will be a contractual program with a percentage of the revenue coming back to
the city.
RECOMMENDATION
Staff recommends that City Council approve the License Agreement with the Riverside County
Superintendent of Schools to allow the South County Workforce Investment Act (SC-WIN) to
operate a Teen Services Center in the old library building located at 400. W. Graham.
Manager d ( .
APPROVED BY:
APPROVED FOR
AGENDA LISTING:
~ilt~
. L
Richard 1. W tenpaugh, C' y ager
,,-...
~~~r~.o:
--
--
--
--
~ =
Riverside County Office of Education
Division of Student Programs and Services
CareerlWorkforce Preparation
-
-
~
'-"
South County
Workforce Investment Network (SC-WIN)
SAMPLE YOUTH CENTER "MENU of SERVICES"
The South County Youth-WIN Partnership has been awarded a $600,000 grant through the Workforce
Investment Act. This federal grant will allow us to refurbish the old Ubrary building, turn it into a Youth Center,
and serve 50-60 youths. The Youth Center will ad as the .1-Stop. location where youth can be connected to
services in the community and/or at the Youth Center. The Youth Center will provide some services on-site,
including outreach, recruitment and eligibility services, assessment and creation of an Individual Service
Strategy (service plan), access to a computer skillslhomework lab, and workshops in Job Search/Job
Readiness, to name just a few. The following are examples of what types of goals can be achieved throl
participation the South County YVI~ program:
BASIC SKILLS IMPROVEMENT*
o Improve Reading and Writing Skills
o Improve Math and Problem-Solving Skills
o Complete an ESL Program
o GED Preparation
o High School Exit Exam & Diploma
o Project-Based/Hands-On Learning Adivities
TECHNOLOGY SKILLS DEVELOPMENT*
o MS Office Applications
o Resume Portfolio Creation
o Computer Skills Workshops
o Graphic Design
o Web-Based Project/Portfolio
o Website Development
LEADERSHIP/MENTORING*
o Organize a Community Service Activity
o Develop Project with Mentor/Adviser
o Participate in Leadership Training Workshops
c Serve on the WIN Youth Leadership Council
POST-SECONDARY EXPLORATION
o Review of Post-Secondary Options, including
military I apprenticeships and vocational
training, as well as Universities, 4-year Colleges
and Community COlleges
c Review of Financial Aid Applications
o Campus Tours
o Guest Speakers from Business & Community
C:'-dschneider\_ Wia\l-South County\Menu of Services.doc
SCANS SKILLS.
o Development of Problem-Solving Skills
o Teamwork & Interpersonal Relationships
o Resource Management
o Technology Skills
o Work EthicIWork Maturity
WORK-BASED LEARNING*
o Paid/Unpaid Work Experience
o Paid/Unpaid Internships
o Workplace Mentoring .
o Company Tours
o Job Shadowing
~
OCCUPATIONAL TRAINING OPTIONS
o Regional Occupational Program
o Career Academies
o Community Colleges
o Private Vocational/T echnical Schools
o Apprenticeship Programs
c Military Careers
POSSIBLE REWARDSnNCENTIVES
o Paid Work Experience or Job Training
o Internships/Mentoring in high wagelhigh skill
occupations (paid or unpaid)
o High or Adult Education School Credit
o High School Exit. GED or SAT Prep
c Points Towards Special Activities (e.g., gift
certificates, retreats, field trips, tours)
o Earn a Computer, Down Payment on a Car or a
WorklStudy Stipend
o Job Placement Assistance
.....,
· Required Activities
ACENDA ITEIl NO.. -,. _
~ pPJJI ~ tJ ~Of . d--.O.
,...-
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: DICK W ATENP AUGH, CITY MANAGER
DATE: APRIL 13,2004
SUBJECT: DEPOSIT AND REIMBURSEMENT AGREEMENT BETWEEN THE CITY
AND CORMAN LEIGH COMMUNITIES
BACKGROUND
On March 9, 2004, City Council approved the tentative tract map 32008 for the Lakeshore Village
Specific Plan (Vascaya) development. The City's finance team has met with Corman Leigh
Communities (the developer) to discuss the formation of a Community Facilities District for the
project.
DISCUSSION
r'-
According to the City's policy on forming CFD's and according to the Mello-Roos Community
Facilities Act"of 1982, the City Council may approve an agreement to receive a deposit for the cost
incurred by the City in creating the CFD and issuing special tax bonds.
The development consists of 170 single family homes and 126 multi-family apartment homes.
FISCAL IMPACT
The administrative cost to the City will be reimbursed with bond proceeds. Corman Leigh will
deposit $50,000 for payment ofthe formation costs.
RECOMMENDATION
It is recommended that the City Council approve the deposit and reimbursement agreement with
Corman Leigh Communities.
PREPARED BY:
Matt N. Pressey, Director 0 oministrative Services
APPROVED FOR ~~
AGENDA LISTING:
Dick Watenpaugh, ity . nager
,...-
O ci{ -
AGENDA ITEM N . - <6
P~GE.-L-OF- -
DEPOSIT AND REIMBURSEMENT AGREEMENT
.....,
THIS DEPOSIT AND REIMBURSEMENT AGREEMENT (this "Deposit
Agreement"), is made and entered into as of April _, 2004, by and between the City of Lake
Elsinore, California (the "City") and Corman Leigh Communities, a California corporation (the
"Owner").
RECITALS
WHEREAS, the City has determined to initiate proceedings to create a
community facilities district designated "City of Lake Elsinore Community Facilities District
No. 2004-2 (Viscaya) (the "Community Facilities District") under the Mello-Roos Community
Facilities Act of 1982 (the "Act");
WHEREAS, Owner IS the owner of the real property within the proposed
Community Facilities District;
WHEREAS, in accordance with City's policy regarding use of the Act, the
Owner is required to compensate the City for all costs incurred in the formation of the
Community Facilities District and issuance of bonds for the Community Facilities District;
WHEREAS, Section 533114.9 of the Act provides that, at any time either before
or after the formation of a community facilities district, the legislative body may accept advances
of funds from any source, including, but not limited to, private persons or private entities and ,.....,
may provide, by resolution, for the use of those funds for any authorized purpose, including, but
not limited to, paying any cost incurred by the local agency in creating a community facilities
district (including the issuance of bonds thereby);
WHEREAS, Section 53314.9 ofthe Act further provides that the legislative body
may enter into an agreement, by resolution, with the person or entity advancing the funds, to
repay all or a portion of the funds advanced, as determined by the legislative body, with or
without interest under all of the following conditions: (a) the proposal to repay the funds is
included in both the resolution of intention to establish a community facilities district adopted
pursuant to Section 53521 of the Act and in the resolution of formation to establish the
community facilities district pursuant to Section 53325.1 of the Act (including the issuance of
bonds thereby), (b) any proposed special tax is approved by the qualified electors of the
community facilities district pursuant to the Act, and ( c) any agreement shall specify that if the
qualified electors of the community facilities district do not approve the proposed special tax, the
local agency shall return any funds which have not been committed for any authorized purpose
by the time of the election to the person or entity advancing the funds; and
WHEREAS, the City and the Owner desire to enter into this Deposit Agreement
in accordance with Section 53314.9 of the Act in order to provide for the advancement of funds
by the Owner to be used to pay costs incurred in connection with the formation of the
Community Facilities District and issuance of special tax bonds for the Community Facilities
,.....,
45441059.1
AGENDA ITEM NO.
PAGE~OF
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District (the "Bonds"), and to provide for the reimbursement to the Owner of such funds
advanced, without interest, from the proceeds of any Bonds;
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants herein contained, the parties hereto agree as follows:
Section 1.
The Deposits and Application Thereof.
(a) The Owner has previously deposited with the City the amount of
$50,000.00 (the "Initial Deposit"). The City, by its execution hereof, acknowledges receipt of,
and accepts, the Initial Deposit.
(b) The Initial Deposit, together with any subsequent deposit required to be
made by the Owner pursuant to the terms hereof (collectively, the "Deposits"), are to be used to
pay for any costs incurred for any authorized purpose in connection with the formation of the
Community Facilities District and the issuance of the Bonds (other than costs, fees and expenses
to be paid out of the proceeds of the Bonds), including, without limitation, (i) the fees and
expenses of any consultants to the City employed in connection with the formation of the
Community Facilities District and the issuance of the Bonds, including an engineer, special tax
consultant, financial advisor, bond counsel and any other consultant deemed necessary or
advisable by the City, (ii) the costs of appraisals, market absorption and feasibility studies and
other reports deemed necessary or advisable by the City in connection with the formation of the
Community Facilities District and issuance of the Bonds, (iii) the costs of publication of notices,
~ preparation and mailing of ballots and other costs related to any hearing, election or other action
or proceeding undertaken in connection with the formation of the Community Facilities District
and issuance of the Bonds, (iv) reasonable charges for City staff time incurred in connection with
the formation of the Community Facilities District and the issuance of the Bonds by the
Community Facilities District, including a reasonable allocation of City overhead expense
related thereto, and (v) any and all other actual costs and expenses incurred by the City in
connection with the formation ofthe Community Facilities District and the issuance ofthe Bonds
(collectively, the "Initial Costs"). The City may draw upon the Deposits from time to time to
pay the Initial Costs.
(c) If, at any time, the unexpended and unencumbered balance of the Deposits
is less than $10,000, the City may request, in writing, that the Owner make an additional deposit
in an amount estimated to be sufficient, together with any such unexpended and unencumbered
balance, to pay for all Initial Costs. The Owner shall make such additional deposit with the City
within two weeks of the receipt by the Owner of the City's written request therefor. If the
Owner fails to make any such additional deposit within such two week period, the City may
cease all work related to the issuance ofthe Bonds.
(d) The Deposits may be commingled with other funds of the City for
purposes of investment and safekeeping, but the City shall at all times maintain records as to the
expenditure of the Deposits.
~
( e) The City shall provide the Owner with a written monthly summary of
expenditures made from the Deposits, and the unexpended balance thereof, within ten business
AGENDA ITEM NO. t
" PAGE.-:LOF s
days of receipt of the City of a written request therefor submitted by the Owner. The cost of
providing any such summary shall be charged to the Deposits.
,....,
Section 2. Return of Deuosits: Reimbursement.
(a) As provided in Section 53314.9 of the Act, the approval by the qualified
electors of the Community Facilities District of the proposed special tax to be levied therein is a
condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto.
Therefore, if the qualified electors of the Community Facilities District do not approve the
proposed special tax to be levied thereon, the City shall have no obligation to repay the Owner
any portion of the Deposits expended or encumbered to pay Initial Costs. In accordance with
Section 53314.9 of the Act, if the qualified electors of the Community Facilities District do not
approve the proposed special tax to be levied therein, the City shall return to the Owner any
portion of the Deposits which have not been expended or encumbered to pay Initial Costs by the
time of the election on said proposed special tax.
(b) If proceedings for the issuance of the Bonds are terminated, the City shall,
within ten business days after official action by the City or the Community Facilities District to
terminate said proceedings, return the then unexpended and unencumbered portion of the
Deposits to the Owner, without interest.
(c) If the Bonds are issued by the Community Facilities District, the City shall
reimburse the Owner, without interest, for the portion of the Deposits that has been expended or
encumbered, said reimbursement to be made within ten business days after the issuance of such
Bonds, solely' from the proceeds of such Bonds and only to the extent otherwise permitted under
the Act. The City shall, within ten business days after the issuance of such Bonds, return the
then unexpended and unencumbered portion ofthe Deposits to the Owner, without interest.
,....,
Section 3. Abandonment of Proceedin2s. The Owner acknowledges and agrees that
the issuance of the Bonds shall be in the sole discretion of the Community Facilities District. No
provision of this Deposit Agreement shall be construed as an agreement, promise or warranty of
the City to issue the Bonds.
Section 4. Deuosit A2reement Not Debt or Liability of City. As provided in
Section 53314.9(b) of the Act, this Deposit Agreement does not constitute a debt or liability of
the City, but shall constitute a debt and liability of the Community Facilities District upon its
formation. The City shall not be obligated to advance any of its own funds to pay Initial Costs or
any other costs incurred in connection with the issuance of the Bonds. No member of the City
Council of the City and no officer, employee or agent of the City shall to any extent be
personally liable hereunder.
Section 5. Notices. Notices, Demands and Communications Between the Parties. Any
notices, requests, demands, documents, approvals or disapprovals given or sent under this
Deposit Agreement from one Party to another (collectively, "Notices") may be personally
delivered, transmitted by facsimile (FAX) transmission, or deposit with the United States Postal
Service for mailing, postage prepaid, to the address of the other Party as stated in this Section,
and shall be deemed to have been given or sent at the time of personal delivery or FAX
'-'"
AClENDA ITEM NO.-!-rs-
", PAGE -.:L. OF .
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transmission or, if mailed, on the third day following the date of deposit in the course of
transmission with the United States Postal Service. Notices shall be sent as follows:
Ifto City:
City of Lake Elsinore
Attn: City Manager
130 S. Main Street
Lake Elisnore, CA 92530
FAX No. (909) 674-239
With copies to:
Van Blarcom, Leibold, McClendon & Mann, P.C.
Attn: Barbara Zeid Leibold, City Attorney
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
FAX No. (949) 457-6305
If to Owner:
'"
Corman Leigh Communities
Attn: Charles e. Treatch
. 42346 Rio Nedo, Suite L
Temecula, CA 92590
FAX No. (909) 296-5071
Each such notice, statement, demand, consent, approval, authorization, offer, designation,
request or other communication hereunder shall be deemed delivered to the party to whom it is
addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic
communication, whether by telex, telegram or telecopier upon the sender's receipt of an
appropriate answerback or other written acknowledgement, (c) if given by registered or certified
mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours
after such notice is deposited with the United States mail, (d) if given by overnight courier, with
courier charges prepaid, 24 hours after delivery to said overnight courier, or ( e) if given by any
other means, upon delivery at the address specified in this Section.
Section 6. California Law. This Deposit Agreement shall be governed and construed
in accordance with the laws of the State of California. The Parties shall be entitled to seek any
remedy available at law and in equity. All legal actions must be instituted in the Superior Court
of the County of Riverside, State of California, in an appropriate municipal court in Riverside
<:::ounty, or in the United States District Court for District of California in which Riverside
County is located.
,-., Section 7 Successors and Assiens. This Deposit Agreement shall be binding upon and
insure to the benefit of the successors and assigus of the parties hereto. y( _
AQENOA iTEM ~o.~
PAGE- .J_OF- -
Section 8 Counteruarts. This Deposit Agreement may be executed in counterparts,
each of which shall be deemed an original and all of which shall constitute but one and the same
instrument. ~
Section 9. Other A2:reements. The obligations of the Owner hereunder shall be that of
a party hereto. Nothing herein shall be construed as affecting the City's or Owner's rights, or
duties to perform their respective obligations, under other agreements, use regulations or
subdivision requirements relating to the development. This Deposit Agreement shall not confer
any additional rights, or waive any rights given, by either party hereto under any development or
other agreement to which they are a party.
Section 10. Titles and Cautions. Titles and captions are for convenience of reference
only and do not define, describe or limit the scope or the intent of this Deposit Agreement or of
any of its terms. Reference to section numbers are to sections in this Deposit Agreement, unless
expressly stated otherwise.
Section 11. Interuretation. As used in this Deposit Agreement, masculine, feminine or
neuter gender and the singular or plural number shall each be deemed to include the others where
and when the context so dictates. The word "including" shall be construed as if followed by the
words "without limitation." This Deposit Agreement shall be interpreted as though prepared
jointly by both Parties.
Section 12. No Waiver. A waiver by either Party of a breach of any of the covenants,
conditions or agreements under this Deposit Agreement to be performed by the other Party shall
not be construed as a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions or conditions of this Deposit Agreement.
~
Section 13. Modifications. Any alteration, change or modification of or to this Deposit
Agreement, in order to become effective, shall be made in writing and in each instance signed on
behalf of each Party.
Section 14. Severability. If any term, provision, condition or covenant of this Deposit
Agreement or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Deposit Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable
to the fullest extent permitted by law.
Section 15. Comuutation of Time. The time in which any act is to be done under this
Deposit Agreement is computed by excluding the first day (such as the day escrow opens), and
including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is
also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701
of the California Government Code. If any act is to be done by a particular time during a day,
that time shall be Pacific Time Zone time.
Section 16. Le2:al Advice. Each Party represents and warrants to the other tp.e
following: they have carefully read this Deposit Agreement, and in signing this Deposit
Agreement, they do so with full knowledge of any right which they may have; they havfi . .....,
AGENDA 'TEM NO.-r
" PAGE ~ OF_ ~
~
received independent legal advice from their respective legal counsel as to the matter set forth in
this Deposit Agreement, or have knowingly chosen not to consult legal counsel as to the matters
set forth in this Deposit Agreement; and, they have freely signed this Deposit Agreement without
any reliance upon any agreement, promise, statement or representation by or on behalf of the
other Party, or their respective agents, employees, or attorneys, except as specifically set forth in
this Deposit Agreement, and without duress or coercion, whether economic or otherwise.
Section 17 Cooperation. Each Party agrees to cooperate with the other in this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Deposit Agreement
including, but not limited to, releases or additional agreements.
Section 18. Conflicts of Interest. No member, official or employee of City shall have
any personal interest, direct or indirect, in this Deposit Agreement, nor shall any such member,
official or employee participate in any decision relating to the Deposit Agreement which affects
his personal interests or the interests of any corporation, partnership or association in which he is
directly or indirectly interested.
[Signatures on following page]
",.......
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AGENDA ITEM NO. r ~
PAGE~Of-
IN WITNESS WHEREOF, the Parties have executed this Deposit Agreement as of the
respective dates set forth below.
'-"
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
By:
Title:
ATTEST:
VICKI KASAD, CITY CLERK
By:
VICKI KASAD
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN, PoCo
City Attorney
.....,
By:
BARBARA ZEID LEIBOLD
"OWNER"
CORMAN LEIGH COMMUNITIES,
a California corporation
By:
Title:
Cb '-"
AGENO~ \TEM NOo- __CK--=-
PAGE1-0F
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
r"
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: RICHARD J. WATENPAUGH, CITY MANAGER
DATE: CITY COUNCIL MEETING OF APRIL 13,2004
SUBJECT: M2004-01: MISCELLANEOUS DESIGN REVIEW OF CANYON HILLS
FIRE STATION
APPLICANT
Pardee Construction
c/o STK Architecture, Inc.
2575 San Jacinto Avenue
San Jacinto, CA 92583-5318
Attention: Mr. GV Salts
REQUEST
,,-., Miscellaneous Design Review request for a proposed fire station complex to be located within the
Canyon Hills Specific Plan area along Railroad Canyon Road. The Miscellaneous Design Review
application includes building elevations and floor plans for the proposed fire station, and site and
landscaping plans for the entire fire station complex.
BACKGROUND
Staff presented the proposed application at the March 16, 2004 Planning Commission meeting. The
Planning Commission heard staff's report, accepted public testimony, considered the application, and
adopted Resolution No. 2004-24, which recommended that the City Council approve the requested
Miscellaneous Design Review application. Please refer to Attachment A for the staff report and
minutes from the March 16, 2004 Planning Commission meeting. The Planning Commission staff
report further describes the proposed project.
PROJECT LOCATION
The proposed fire station complex will be constructed on a 2.8-acre site, located along Railroad
Canyon Road, southwest of Canyon Hills Road. The project site is located within a Plat defined as
Section 11, Township 6 South, Range 4 West, San Bernardino Meridian. The legal lot for the fire
station complex will be established by grant deed, in accordance with the Subdivision Map Act.
Please refer to Attachment B for a location map ofthe fire station.
r"
AGENDA ITEM NO. :?- \
". PAGE OF ..!::i.l-
REPORT TO CITY COUNCIL
APRIL 13, 2004
PAGE 2
SUBJECT: M2004-01: MISCELLANEOUS DESIGN REVIEW OF CANYON HILLS
FIRE STATION
....",
PROJECT DESCRIPTION
The City Council is being requested to review and approve design of the proposed Canyon Hills Fire
Station and M2004-01. The following summarizes the design of the proposed fire station and those
roadway improvements required along Railroad Canyon Road.
1. Desi2n of Fire Station Complex: The following describes the proposed fire station complex:
. The project consists of a 6,253 sf. fire station and separate smaller storage structure. The fire
station itself includes an apparatus room (which will house the fire truck and vehicles);
dining and TV room; four sleeping quarters; two offices; two equipment rooms; kitchen;
three storage rooms; exercise room; and patio area. The separate storage building will be
used for storing larger equipment.
. The fire station will be designed with Craftsman architectural features and treatments,
including deep roof over hangs and dormers, with stone ledgerock veneer.
. 23 parking spaces, including one handicapped space will be provided.
"-'"
. Landscaping (40-foot wide planter) will be provided along the Railroad Canyon Road
frontage and perimeter ofthe project site. Landscaping planters will also be provided within
the fire station complex.
. A wrought iron fence will be installed along Railroad Canyon Road for security. A swinging
wrought iron gate will also be installed onsite to provide additional security.
. Full entry access will be allowed (right turn in and out; and left turn in and out).
Please refer to Attachment C which provides reductions of the proposed site plan, preliminary
landscaping plan, building elevations, and floor plan. Attachment D presents the full size copies
of these same plans.
2. Offsite Roadwav Improvements: The following describes proposed improvements along
Railroad Canyon Road:
. A median break will be provided along Railroad Canyon Road, in front ofthe proposed fire
station. The median break will allow left-turns into and out ofthe project site.
.......,
AGENDA ITEM NO. 2\
." PAGE '). OF~
REPORT TO CITY COUNCIL
APRIL 13, 2004
,.-- PAGE 3
SUBJECT: M2004-01: MISCELLANEOUS DESIGN REVIEW OF CANYON HILLS
FIRE STATION
. A left-turn pocket will be provided along the median break to allow left turns into the project
site.
. Poles for traffic signals will be located on both sides of Railroad Canyon Road. Hanging
lights will be mounted on these poles. The traffic lights will be green in both directions of
Railroad Canyon Road at all times. However, during emergencies, traffic sensors will be
activated, which will allow fire trucks and vehicles to enter and exit the fire station complex.
DISCUSSION
Staff supports the requested Miscellaneous Design Review application and recommends approval for
the following reasons:
,--.,
1. Compliance with Canyon Hills Specific Plan: The proposed fire station, including site plan,
preliminary landscaping plan, and building plans, and floor plan comply with appropriate design
and development standards contained in the Canyon Hills Specific Plan and Zoning Code,
relating to building heights, setbacks, landscaping, parking, etc. The proposed fire station is
located within Planning Area 38, as designated by the Canyon Hills Specific Plan, which intends
for construction of a "future fire station".
2. Compliance with 2004 Fundinl!. Construction. and Acquisition Al!reement: The proposed
fire station complex and offsite roadway improvements to Railroad Canyon Road are consistent
with the provisions contained in the 2004 Funding, Construction, and Acquisition Agreement.
Proposed construction of the fire station complex and roadway improvements will be funded by
CFD No. 2003-02, which will be established in accordance with the Agreement.
3. Visually-Pleasinl! Desil!n and Architecture: Stafffmds the proposed fire station complex to be
well designed. The natural hillside and topography along Railroad Canyon Road form a pleasant
backdrop to the fire station complex. The fire station building itself is also architecturally
pleasing with its use of dormers, roof gables, and stacked stone veneer. The County Fire
Department has reviewed the fire station's design and has not expressed any concerns or issues.
The Planning Commission was supportive of the project and did not express any major concerns. No
one from the public spoke on the project. The applicant accepted the Conditions of Approval during
the Planning Commission meeting.
~
AGENDA ITEM NO. ~
'" PAGE..lOF
REPORT TO CITY COUNCIL
APRIL 13, 2004
PAGE 4
......,
SUBJECT: M2004-0l: MISCELLANEOUS DESIGN REVIEW OF CANYON HILLS
FIRE STATION
FISCAL IMPACT
The following explains funding sources for construction, operation, and maintenance of the fire
station.
1. Pardee Homes, the applicant for the Canyon Hills Specific Plan area, will dedicate the fire station
property to the City.
2. Community Facilities District 2003-02, which will be established in accordance with the
February 2004 "Funding, Construction and Acquisition Agreement" between the City and Pardee
Homes, will fund the construction ofthe fire station complex and off site roadway improvements,
and the provision of fire equipment and vehicles. At present, it is anticipated that one fire engine
and one squad vehicle will be located at the fire station. Regarding personnel, it is anticipated the
fire station will be staffed by a Captain and two fire personnel.
3. The City-Wide Community Facilities District for Police, Fire, and Paramedics (CFD 2003-01)
will fund the operations and maintenance of the fire station.
'-'
ENVIRONMENTAL
The 2003 Addendum to the 1989 Final Canyon Hills Specific Plan Environmental hnpact Report,
which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the
necessary environmental clearances for the proposed fire station. The proposed fire station is
permitted by right under the Canyon Hills Specific Plan. Accordingly, staffbelieves the proposed fire
station implements the land use objectives and requirements of the Specific Plan and finds that
further environmental evaluation is unnecessary.
RECOMMENDATION
It is recommended that the City Council approve M2004-01, Miscellaneous Design Review of the
proposed Canyon Hills Fire Station, based upon the following Findings, and subject to the attached
Conditions of Approval.
FINDINGS
1. Subject to the attached conditions the proposed project is not anticipated to result in any
significant adverse environmental impacts.
The 2003 Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact
'-'
AGENDA ITEM NO. l \
.". PAGE~OF..:LL.
REPORT TO CITY COUNCIL
APRIL 13, 2004
..-.- PAGES
SUBJECT: M2004-01: MISCELLANEOUS DESIGN REVIEW OF CANYON HILLS
FIRE STATION
Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines,
provides the necessary environmental clearances for the proposed fire station. The proposed fire
station is permitted by right under the Canyon Hills Specific Plan. Accordingly, staffbelieves the
proposed fire station implements the land use objectives and requirements of the Specific Plan
and finds that further environmental evaluation is unnecessary.
2. The project complies with the Goals, Objectives and Policies of the General Plan and the Canyon
Hills Specific Plan, as approved.
The proposed fire station is located within a master-planned area defined as the Canyon Hills
Specific Plan by the City General Plan. The Canyon Hills Specific Plan designates the project
site as Institutional (Fire Station). Construction of the proposedfire station at the project site
implements the land use objectives and intentions of the Specific Plan.
3. The project complies with the design directives contained in Chapter 17.82.060 and all other
applicable provisions of the Lake Elsinore Municipal Code.
..-.-
Staff finds the proposed fire station complex to be well designed. The natural hillside and
topography along Railroad Canyon Road form a pleasant backdrop to the fire station complex.
The fire station building itself is also architecturally pleasing with its use of dormers, roof
gables, and stacked stone veneer. The County Fire Department has reviewed the fire station's
design and has not expressed any concerns or issues.
4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of
compliance with conditions, have been incorporated into the approval of the project to ensure
development ofthe property in accordance with the General Plan, Municipal Code, and Canyon
Hills Specific Plan, as approved.
The project is required to comply with those conditions of approval attached to this staff report.
Appropriate compliance schedules are also established to ensure staff can properly monitor
implementation of conditions.
PREPARED BY:
Duane Morita, Senior Planner
REVIEWED BY:
~
Armando G. Villa
Planning and Code Enforcement Manager
~
AQENOA 'TEM NO.2L
" PAGE2- OF-=LL
REPORT TO CITY COUNCIL
APRIL 13, 2004
PAGE 6
"'"
SUBJECT: M2004-01: MISCELLANEOUS DESIGN REVIEW OF CANYON HILLS
FIRE STATION
APPROVED BY:
ob Brady
Community Dev
APPROVED FOR
AGENDA LISTING:
Ci~~
ATTACHMENTS
Attachment A: March 16, 2004 Planning Commission staff report and minutes
Attachment B: Location Map
Attachment C: Reduction of proposed site plan, preliminary landscaping plan, building elevations,
and floor plan.
Attachment D: Full size set of plans
.'-'
"-'"
AGENDA ITEM NO.~
. "'" PAGEiL.OF.!:ll-
"..-
CONDITIONS OF APPROVAL
M2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
PLANNING DIVISION
1. Miscellaneous Design Review approval for M 2004-01 will lapse and be void unless a building
permit is issued within one (1) year ofthe approval date. An extension oftime, up to one (1) year
may be granted by the Community Development Director prior to the expiration of the initial
Design Review approval upon application by the developer and payment of required fees one (I}
month prior to expiration.
2. All construction shall comply with these Conditions of Approval and those provisions and
requirements contained in the Canyon Hills Specific Plan, Zoning Code and Municipal Code,
prior to issuance of certificate of occupancy and release of utilities.
3. Project buildings and structures and all site improvements shall be constructed as indicated on
the approved site plan, landscaping plan, and building elevations, subject to approval by the
Community Development Director or designee.
4. Any revisions to approved site plans or building elevations shall be reviewed and approved by
the Community Development Director or designee.
/""',
5. Final off site roadway improvements along Railroad Canyon Road shall be presented in street
improvement plans, which require approval by the Engineering Manager.
6. The applicant shall comply with all requirements ofthe City's Grading Ordinance. Construction
generated dust and erosion shall be mitigated in accordance with the provisions of Municipal
Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be
provided 30 days after the site's rough grading, as approved by the City Engineer.
7. The applicant shall comply with all applicable City Codes and Ordinances.
8. Prior to issuance of building permit, building plans for the fire station shall comply with all
American with Disabilities Act (ADA) requirements.
9. Trailers utilized during construction shall require a bond subject to the approval of the
Community Development Director or Designee.
10. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal
Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD
and shall incorporate all district conditions and standards.
11. The design and construction of the project shall meet all County Fire Department standards.
/"'"
AGENDA ITEM NO. ;). \ 4
"" PAGE 7 Of..:LL
CONDITIONS OF APPROVAL
M2004-0l FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
~
12. All mechanical and electrical equipment on the building shall be ground mounted. All outdoor
ground or wall mounted utility equipment shall be consolidated in a central location and
architecturally screened along with substantial landscaping, subject to the approval of the
Community Development Director, prior to issuance of building permit.
13. The proj ect shall be properly landscaped with an automatic (manual or electric) irrigation system
to provide 100 percent plant and grass coverage using a combination of drip and conventional
irrigation methods. The final landscaping/irrigation plan is to be reviewed and approved by the
City's Landscape Architect Consultant and the Community Development Director or designee. A
Landscape Plan check fee will be charged prior to final landscape approval based on the
Consultant's fee plus 40 percent.
. The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum
of30 feet apart and at least 24-inch box in size.
. Planting within 15 feet of ingress/egress points shall be no higher than 36 inches.
. The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to the use of
Xeriscape or drought resistant plantings with combination drip irrigation system to be used to
prevent excessive watering.
......,
. All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond
for materials and labor for two years from Certificate of Occupancy.
. All landscaping and irrigation shall be installed within an affected portion of any phase at the
time a certificate of occupancy is requested for any building.
. The Final landscape plan shall be consistent with any approved site and Preliminary
landscaping plan.
. The Final landscape plan shall include planting and irrigation details.
14. Comply with the Mitigation Monitoring Program that was prepared for the 2003 Canyon Hills
Specific Plan EIR Addendum.
15. Prior to issuance of any precise grading permit or building permit, the applicant shall sign and
complete an "Acknowledgment of Conditions" and shall return the executed original to the
Community Development Department for inclusion in the case records.
16. These Conditions of Approval shall be reproduced on subsequent building plans prior to issuance
of building permit. ""-If!'
AGENDA ITEM NO. d.- \
"-. PAGE~ OF ....!:lL
r"'
CONDITIONS OF APPROVAL
M2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
17. Proposed trash enclosure shall be designed according to City standards, subject to review and
approval by the Community Development Director. Enclosure walls shall be decorative block.
18. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be
limited to the hours of7:00 AM to 5:00 PM, Monday through Saturday.
19. All signage shall require issuance of a City Sign Permit, as appropriate.
20. The applicant shall use concrete tile roofing materials with a Class "A" fire rating.
21. Prior to commencement of grading operations, the applicant shall provide a map of all proposed
haul routes to be used for movement of dirt material. Such routes shall be subject to review and
approval by the Engineering Manager. A bond may be required to pay for damages to the public
right-of-way, subject to approval by the Engineering Manager.
22. Submit a "Will Serve" letter from Southern California Edison stating that electrical service will
be provided to the project.
,,-.,
23. The proposed storage facility shall be designed consistently with the proposed fire station and
shall utilize the same materials and colors.
ENGINEERING DIVISION
24. Provide left turn access from west bound Railroad Canyon Road onto the project site.
hnprovements shall include construction of a median opening at the project entrance that
accommodates a left turn pocket for the west bound movement onto the site. The left turn pocket
shall be designed to accommodate a minimum design speed of 45-MPH.
25. The median opening at the project entrance shall be designed to accommodate left turn
movements out ofthe project.
26. Construct Caltrans Standard traffic signal with type 90 controllers as specified by the City's
Traffic Engineer. Traffic signals shall be actuated by standard traffic loop detectors as approved
by the City Engineer. Traffic Signal shall be operational prior to occupancy.
27. The applicant shall provide a sight distance study for east and west bound directions on Railroad
Canyon Road. The study shall document the available clear sight distance to and from the
project entrance. In the event the sight distance is less than 700-feet, a flashing beacon - 'Signal
Ahead' sign shall be installed per Caltrans Standard. If the flashing beacon - 'Signal Ahead'
sign is required, it/they shall be operational simultaneous to the traffic signal becoming
/'"" operational.
AGENDA ITE~ NO. lli
" PAGE.:L-OF
CONDITIONS OF APPROVAL
M2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
'-""
28. Development shall protect the proposed fuel tank against spills and leaks in accordance with
standard hazardous materials storage methods and in compliance with the National Pollution
Discharge Elimination (NPDES) regulations.
29. All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to certificate of occupancy.
30. All Capital hnprovement and Plan Check fees shall be paid (LEMC 16.34, Resolution 85-26).
31. A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable
water agency stating that water and sewer arrangements have been made for this project. Letter
shall be submitted prior to certificate of occupancy.
32. All public works improvements shall be constructed per approved street plans (LEMC 12.04 and
16.34).
33. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to certificate of occupancy.
34. All applicable fees shall be paid and the applicant shall comply with all requirements of the
encroachment permit as issued by the Engineering Division for construction of public works
improvements (LEMC 12.08 and Resolution 83-78).
.....,
35. All compaction reports, grade certifications, monument certifications (with tie notes delineated
on 8-112" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of
public works improvements will be scheduled and approved.
36. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to certificate of occupancy.
37. 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.
38. Provide street lighting and show lighting improvements as part of street improvement plans as
required by the Engineering Manager.
39. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations.
40. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be
approved prior to final map approval. All traffic control devices shall be installed prior to final
inspection of public improvements.
.....,
AGENDA ITEM NO. ;;L \
PAGEJ.rLOF~
,......
CONDITIONS OF APPROVAL
M2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
41. All 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 applicant to
pay $30 per sheet for City digitizing.
42. All utilities except electrical over 12 KV shall be placed underground, as approved by the serving
utility.
43. Applicant shall provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with recommendations.
44. Applicant shall obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be
required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially
modified as determined by the Engineering Manager. Ifthe 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.
,......
45. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present on-site. In the event the project is unaffected by any fault zone,
applicant shall provide a document certified by a licensed Geotechnical Engineer or Licensed
Geologist identifying the site as being outside the fault zone.
46. All grading shall be done under the supervision of a Geotechnical Engineer and he shall certify
all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes
greater than 30 feet in height shall be contoured.
47. Convey onsite runoffto the public storm drain system. Any non-historic storm flows shall be
accepted by adjacent property owners with a notarized and recorded letter of drainage acceptance
or conveyed to a drainage easement.
48. On-site drainage facilities located outside of road right-of-way should be contained within
drainage easements shown on the final drainage plans. A note should be added to the final
drainage plans stating: "Drainage easements shall be kept free of buildings and obstructions".
49. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the Engineering Manager.
50. Submit Hydrology and Hydraulic Reports for review and approval by the Engineering Manager
and the Riverside County Flood Control District prior to issuance of building permit. Applicant
shall mitigate any flooding and/or erosion caused by development of site and diversion of
,,-..., drainage.
AGENDA ITEM NO.--2.L
" PAGElLOF~
CONDITIONS OF APPROVAL
M2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
....,
51. All drainage facilities in this tract shall be constructed to Riverside County Flood Control
District Standards.
52. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain
system, the wording and stencil shall be approved by the Engineering Manager.
53. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains
shall drain to a landscaped area whenever feasible.
54. Ten (10) year storm runoff should be contained within the curb and the one hundred (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.
55. A drainage acceptance letter will be necessary from the downstream property owners for
outletting the proposed storm water run-off on private property.
56. Applicant shall be subject to all Master Planned Drainage fees and will receive credit for all
Master Planned Drainage facilities constructed.
57. Applicant will be required to install BMP's using the best available technology to mitigate any
urban pollutants from entering the watershed.
....."
5 8. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction
which describes BMP's that will be implemented for the development and including
maintenance responsibilities.
59. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the
development in the use of herbicides, pesticides, fertilizers as well as other environmental
awareness education materials on good housekeeping practices that contribute to protection of
storm water quality and meet the goals ofthe BMP in Supplement "A" in the Riverside county
NPDES Drainage Area Management Plan.
60. Applicant shall provide for flush BMP's using the best available technology that will reduce
storm water pollutants from parking areas and driveway aisles.
61. Intersection sight distance shall meet the design criteria of the CALTRANS Design Manual
(particular attention should be taken for intersections on the inside of curves). If sight distance
can be obstructed, a special limited use easement must be recorded to limit the slope, type of
landscaping and wall placement.
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AGENDA ITEM NO. - '1 \
"-. PAGE...16-OF- -
~
~
~
CONDITIONS OF APPROVAL
M2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
62. In accordance with the City's Franchise Agreement for waste disposal and recycling, the
applicant shall be required to contact 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.
AGENDA ITEM NO. 7- \
" PAGEJl OF....!i.L
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ATTACHMENT A
MARCH 16, 2004
PLANNING COMMISSION STAFF REPORT
AND MINUTES
~
.....,
AGENDA ITEM NO. .~ \
PAGEl:L OF...:tl-
PAGE 2 - PLANNING COMMISSION MINUTES - MARaI 02,2004
~
BUSINESS ITEMS
2. Miscellaneous Design Review of Canyon Hills Fire Station Misc. No. 2004-01. Pardee
Constroction.
Cbrnrnissioner Barnes stated that due to a conflict of interest, he would need to excuse
himself from this portion of the meeting at 6:02 PM
Chairman LaPere requested the reading of the Staff Report.
Director of Cbmmunity Development Brady indicated that this is a Design Review for the
new fire station to be located in Canyon Hills, and requested Senior Planner Morita to
review it with the Cbrnrnission.
",.....
Senior Planner Morita indicated that the new fire station would be located within the
Canyon Hills Specific Plan, along Railroad Canyon Road, southwest of Canyon Hills Road.
He stated that the fire station complex would be constructed on a 2.8-acre site and that the
project consists of a 6,253 square foot fire station and would include a separate smaller
storage structure. He indicated that the fire station would be designed with Craftsman
architectural features and treatments, including deep roof over hangs and dormers, with
stone ledger rock veneers. He stated that 23 parking spaces would be provided, including
one handicapped space. He stated that the fencing would be wrought iron, and would be
installed along Railroad Canyon Road for security.
Senior Planner Morita indicated that the proposed improvements would include traffic
signals located on both sides of Railroad Canyon Road.
Senior Planner Morita stated that the Pardee Homes would dedicate the fire station property
to the Gty. He stated that the Cbmmunity Facilities District 2003-02 would fund the
construction of the fire station complex and offsite roadway improvements, and the
provision of the fire equipment and vehicles. He indicated that the Gty- Wide Cbmmunity
Facilities District for Police, Fire, and Paramedics (aD 2003-01) would fund the operations
and maintenance of the fire station.
Senior Planner Morita noted that Staff recommends approval of this project, and
recommends that the Planning Cbrnrnission approve and adopt a Resolution, based on the
Findings, Exhibits, and is subject to the Conditions of Approval. He indicated that the
applicant is present to answer any comments that the Cbrnrnission may have.
Chairman LaPere requested the applicant to approach the podium.
David Dunman, applicant with Pardee Homes, 5690 Mulberry Ridge Drive, Camarillo, CA
indicated that he would be available to answer any questions.
"'"
Chairman LaPere asked if he has read and agrees to the Cbnditions of Approval.
Mr. Dunman answered "Yes".
AGENDA ITEM NO. :J.., \
PAGE~OF~
PAGE 3 - PLANNING ffi:MMISSION MINUTES - MARaI 02,2004
'-'"
Jim Stringer, Pardee Homes, 1181 California Avenue, Corona, CA stated that he too agrees
to the Conditions of Approval.
There being no further comments from the Public, Chairman LaPere brought the discussion
back to the Commission for cominents.
Vice Chairman Uhlry asked the applicant when is the projected opening date of the fire
station.
Mr. Dunman stated that they hope to open around October 2004.
Vice Chairman Uhlry asked if the fire station is similar to Station 85, and could
accommodate a second engine.
Mr. G.V Salts, SlK Architects, indicated that a third bay could be added to the design to
accommodate a second engine.
Vice Chairman Uhlry noted an error in the Staff Report, where it states that a Chief and two
fire personnel would staff the fire station. He indicated that the Staff Report should read
"Captain" and two fire personnel.
Vice Chairman Uhlry had no further comments.
......"
Commissioner O'Neal stated that he is glad to see the fire station moving forward. He
indicated that all looks good and had no further comments.
Chairman LaPere asked the applicant if Pardee is paying for the cost of the station, and
would it cover the costs of the engine.
Mr. Stringer indicated "Yes".
Chairman LaPere stated that the design of the fire station looks very nice, and had no further
comments.
There being no further comments, Chairman LaPere, requested the reading of the
Resolution.
MOVED BY O'NEAL, SECONDED BY UHLRY AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO.
2004-24, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY
OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING OTY COUNOL
APPROVAL OF M 2004-01, MISCELLANEOUS DESIGN REVIEW OF THE
CANYON HILLS FIRE STATION.
......"
Commissioner Barnes returned to the meeting at 6: 12 PM
AGENDA ITEM NO. X-.
" PAGElk- OF..:LL-
~
PLANNING COMMISSION
STAFF REPORT
Ciry of Lake Hsinoce
P/a""i1lg DilliJi""
130 S. Ma.in Street
lake Elsnore, CA 92530
(909) 674-3124
(909) 471-1419 &x
I I
DATE:
March 16, 2004
TO:
Chairman and Members of the Planning Commission
FROM:
Robert A. Brady, Community Development Director
PREPARED BY:
Duane Morita, Senior Planner
PROJECT TITLE:
M2004-01: Miscellaneous Design Review of Canyon Hills Fire
Station
APPLICANT:
Pardee Construction; c/o STK Architecture, Inc.; 2575 San Jacinto
Avenue; San Jacinto, CA 92583-5318; Attention: Mr. GV Salts
~
PROJECT REQUEST:
Miscellaneous Design Review request for a proposed fire station complex to be located within the
Canyon Hills Specific Plan area along Railroad Canyon Road. The Miscellaneous Design Review
application includes building elevations and floor plans for the proposed fire station, and site and
landscaping plans for the entire fire station complex.
BACKGROUND:
The Lake Elsinore Planning Commission and City Council approved an Amendment to the Canyon
Hills Specific Plan in May 2003 which revised the Land Use Plan and Planning Areas contained in
the specific plan area. One of the revisions to the Specific Plan, included construction of a new fire
station. Realizing the immediate need for additional fire services within the Canyon Hills area, the
City and Pardee Homes recently entered into a "Funding, Construction, and Acquisition
Agreement" in February 2004, which initiated formation of Community Facilities District (CFD)No.
2003-02. It is this particular CFD that will fund construction of the proposed fire station.
PROJECT DESCRIPTION:
~
Design of the proposed fire station complex requires Planning Commission consideration. The
following summarizes the design of the fire station; required offsite roadway improvements along
AENOA ITEM NO. !l \ _
"PAoc\l OF~
Planning Commission Staff Report
March 16, 2004
Page 2 of5
Project Title: M2004-01: Miscellaneous Design Review of Canyon Hills Fire Station
"-'"
Railroad Canyon Road; construction, operation and maintenance of the fire station; and those
existing improvements along Railroad Canyon Road that require removal:
1. Design of Fire Station Complex: The following describes the proposed fire station complex.
. The project consists of a 6,253 sf. fire station and separate smaller storage structure. The
fire station itself includes an apparatus room (which will house the fire truck and vehicles);
dining and TV room; four sleeping quarters; two offices; two equipment rooms; kitchen;
three storage rooms; exercise room; and patio area. The separate storage building will be
used for storing larger equipment.
. The fire station will be designed with Craftsman architectural features and treatments,
including deep roof over hangs and dormers, with stone ledgerock veneer.
. 23 parking spaces, including one handicapped space will be provided.
. Landscaping (40-foot wide planter) will be provided along the Railroad Canyon Road
frontage and perimeter of the project site. Landscaping planters will also be provided within
the fire station complex.
. A wrought iron fence will be installed along Railroad Canyon Road for security. A swinging"-'"
wrought iron gate will also be installed on site to provide additional security.
. Full entry access will be allowed (right turn in and out; and left turn in and out).
Please refer to Exhibit A which provides a location map of the fire station. Exhibit B provides
reductions of the proposed site plan, preliminary landscaping plan, building elevations, and floor
plan. Exhibit C presents the full size copies of these same plans.
2. Offsite Roadway Improvements: The following describes proposed improvements along
Railroad Canyon Road.
. A median break will be provided along Railroad Canyon Road, in front of the proposed fire
station. The median break will allow left-turns into and out of the project site.
. A left-turn pocket will be provided along the median break to allow left turns into the
project site.
. Poles for traffic signals will be located on both sides of Railroad Canyon Road. Hanging
lights will be mounted on these poles. The traffic lights will be green in both directions of
Railroad Canyon Road at all times. However, during emergencies, traffic sensors will be
activated, which will allow fire trucks and vehicles to enter and exit the fire station complex.
"-'"
AGENDA ITEM NO. 2 \
PAGEKOF1iL
~
Planning Commission Staff Report
March 16, 2004
Page 3 of 5
Project Title: M2004-01: Miscellaneous Design Review of Canyon Hills Fire Station
3, Construction, Operations and Maintenance: The following explains funding sources for
construction, operation, and maintenance of the fire station.
. Pardee Homes, the applicant for the Canyon Hills Specific Plan area, will dedicate the fire
station property to the City.
. Community Facilities District 2003-02, which will be established in accordance with the
February 2004 "Funding, Construction and Acquisition Agreement" between the City and
Pardee Homes, will fund the construction of the fire station complex and offsite roadway
improvements, and the provision of fire equipment and vehicles. At present, it is anticipated
that one fire engine and one squad vehicle will be located at the fire station. Regarding
personnel, it is anticipated the fire station will be staffed by a Chief and two fire personnel.
. The City-Wide Community Facilities District for Police; Fire, and Paramedics (CFD 2003-
01) will fund the operations and maintenance of the fire station.
4, Removal of Existing Improvements: The proposed median break and fire station will remove
existing curb and gutter, pavement, sidewalks, sod and irrigation lines, and two trees along Railroad
Canyon Road. In addition, one street light located within the existing median will be relocated.
/"'"
PROJECT LOCATION:
The proposed fire station complex will be constructed on a 2.8-acre site, located along Railroad
Canyon Road, southwest of Canyon Hills Road. The project site is located within a Plat defined as
Section 11, Township 6 South, Range 4 West, San Bernardino Meridian. The legal lot for the fire
station complex will be established by grant deed, in accordance with the Subdivision Map Act.
ENVIRONMENTAL SETTING:
EXISTING LAND USE ZONING GENERAL PLAN
Project Site Vacant Institutional Canyon Hills SP
(Fire
Station)
North Vacant Open Space Canyon Hills SP
East Vacant Open Space Canyon Hills SP
South Vacant Open Space Canyon Hills SP
West Vacant MF3 Canyon Hills SP
ANALYSIS:
~.
Staff supports the proposed Miscellaneous Design Review application for the following reasons:
AGENDA ITEM NO J..,. \
PAGEli.'OF ~
Planning Commission Staff Report
March 16, 2004
Page 4 of 5
Project Title: M2004-01: Miscellaneous Design Review of Canyon Hills Fire Station
.....,
1. Compliance with Canyon Hills Specific Plan: The proposed fire station, including site plan,
preliminary landscaping plan, and building plans, and floor plan comply with appropriate design
and development standards contained in the Canyon Hills Specific Plan and Zoning Code,
relating to building heights, setbacks, landscaping, parking, etc. The proposed fire station is
located within Planning Area 38, as designated by the Canyon Hills Specific Plan, which intends
for construction of a "future fire station".
2. Compliance with 2004 Funding. Construction, and Acquisition Agreement: The
proposed fire station complex and offsite roadway improvements to Railroad Canyon Road are
consistent with the provisions contained in the Funding, \ Construction, and Acquisition
Agreement. Proposed construction of the fire station complex and roadway improvements will
be funded by CFD No. 2003-02, which will be established in accordance with the Agreement.
3. Visually-Pleasing Design and Architecture: Staff finds the proposed fire station complex to
be well designed. The natural hillside and topography along Railroad Canyon Road form a
pleasant backdrop to the fire station complex. The fire station building itself is also
architecturally pleasing with its use of dormers, roof gables, and stacked stone veneer. The
County Fire Department has reviewed the fire station's design and has not expressed any
concerns or issues.
ENVIRONMENTAL DETERMINATION:
'-'"
The 2003 Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report,
which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the
necessary environmental clearances for the proposed fire station. The proposed fire station is
permitted by right under the Canyon Hills Specific Plan. Accordingly, staff believes the proposed
fire station implements the land use objectives and requirements of the Specific Plan and finds that
further environmental evaluation is unnecessary.
STAFF'S RECOMMENDATION:
It is recommended that the Planning Commission adopt Resolution No. 2004-_, which
recommends that the City Council approve M2004-01, Miscellaneous Design Review of the
proposed Canyon Hills Fire Station, based upon the following Findings, and subject to the attached
Conditions of Approval.
FINDINGS:
1. Subject to the attached conditions the proposed project is not anticipated to result in any
significant adverse environmental impacts.
The 2003 Addendum to the 1989 Final Ca'!Yon Hills Specific Plan Environmental Impact Report, which was
prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental
clearances for the proposed fire station. The proposed fire station is permitted ry right under the Ca'!Yon Hills
'-"
AGENDA ITEM NO. 2 \
PAGE ')!) OF~
r",
Planning Commission Staff Report
March 16, 2004
Page 5 of5
Project Title: M2004-01: Miscellaneous Design Review of Canyon Hills Fire Station
Specijic Plan. Accordingfy, stciff believes the proposed fire station implements the land use oljectives and
requirements of the Specijic Plan and finds that further environmental evaluation is unnecessary.
2. The project complies with the Goals, Objectives and Policies of the General Plan and the
Canyon Hills Specific Plan, as approved.
The proposed fire station is located within a master-planned area defined as the Ca'!Yon Hills Specijic Plan I?Y the
City General Plan. The Ca'!Yon Hills Specific Plan designates the prflject site as Institutional (Fire Station).
Construction of the proposed fire station at the prflject site implements the land use ol?jectives and intentions of the
Specijic Plan.
3. The project complies with the design directives contained in Chapter 17.82.060 and all other
applicable provisions of the Lake Elsinore Municipal Code.
Stciff finds the proposed fire station complex to be well designed. The natural hillside and topograpf?y along
Railroad Ca'!Yon Road form a pleasant backdrop to the fire station complex. The fire station building itse!f is
also architecturallY pleasing with its use of dormers, roof gables, and stacked stone veneer. The County Fire
Department has reviewed the fire station s design and has not expressed a'!Y concerns or issues.
r" 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of
compliance with conditions, have been incorporated into the approval of the project to ensure
development of the property in accordance with the General Plan, Municipal Code, and Canyon
Hills Specific Plan, as approved.
The pro/ect is required to complY with those conditions of approval attached to this stciff report. Appropn'ate
compliance schedules are also established to ensure stciff can properlY monitor implementation of conditions.
REVIEWED BY:
o G. Villa, Planning and Code Enforcement Manager
EXHIBITS
Exhibit A:
Exhibit B:
APPROVED BY:
Exhibit C:
Location Map
Reduction of site plan, preliminary landscaping plan, building elevations, and floor
plan
Full size copies of plans
r"
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EXHIBIT C
Please refer to the separate packet for Full-Sized Plans of the
Building Elevations and Floor Plan, Site Plan, and Preliminary Landscape Plan
,-.,
~
AGENDA ITEM NO. ~ \ ,
PAGE ;(1 OF.!i.L
RESOLUTION NO. 2004-_
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL OF LAKE
ELSINORE APPROVAL OF M2004-01, MISCELLANEOUS
DESIGN REVIEW OF THE CANYON HILLS FIRE
STATION
"-'"
WHEREAS, an application has been filed with the City of Lake Elsinore by Pardee Homes
requesting Miscellaneous Design Review approval of the Canyon Hills Fire Station. The proposed
fire station complex will be constructed on a 2.8-acre site, located along Railroad Canyon Road,
southwest of Canyon Hills Road, within the Canyon Hills Specific Plan; 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 approval of
Miscellaneous Design Review requests for fire stations; and
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission has considered the proposed design for the fire
station and has found it acceptable. The Planning Commission finds and determines this project is
consistent with the Canyon Hills Specific 'Plan and the 2003 Addendum to the 1989 Final Canyon
Hills Specific Plan Environmental Impact Report that was certified by the City in 2003 for this area.
This project has been declared exempt from further environmental clearance. "-'"
SECTION 2. That in accordance with Section 17.82 (Design Review) of the Lake Elsinore
Municipal Code the following findings for the approval of M2004-01 have beel! made as follows:
1. Subject to the attached conditions the proposed project is not anticipated to result in any
significant adverse environmental impacts.
The 2003 Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact
Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines,
provides the necessary environmental clearances for the proposed fire station. The proposed fire
station is permitted by right under the Canyon Hills Specific Plan. Accordingly, staff believes the
proposed fire station implements the land use objectives and requirements of the Specific Plan
and finds that further environmental evaluation is unnecessary.
2. The project complies with the Goals, Objectives and Policies of the General Plan and the
Canyon Hills Specific Plan, as approved.
The proposed fire station is located within a master-planned area defined as the Canyon Hills
Specific Plan by the City General Plan. The Canyon Hills Specific Plan designates the project
site as Institutional (Fire Station). Construction of the proposed fire station at the project site
implements the land use objectives and intentions of the Specific Plan.
3. The project complies with the design directives contained in Chapter 17.82.060 and all other '-'"
applicable provisions of the Lake Elsinore Municipal Code.
AGENDA ITEM NO...-&.
"-. PAGE d.-<6 OF...!:LL
RESOLUTION NO.
PAGE 2
,.......
Staff finds the proposed fire station complex to be well designed. The natural hillside and
topography along Railroad Canyon Road form a pleasant backdrop to the fire station complex.
The fire station building itself is also architecturally pleasing with its use of dormers, roof gables,
and stacked stone veneer. The County Fire Department has reviewed the fire station's design
and has not expressed any concerns or issues.
4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of
compliance with conditions, have been incorporated into the approval of the project to ensure
development of the property in accordance with the General Plan, Municipal Code, and Canyon
Hills Specific Plan, as approved.
The project is required to comply with the established conditions of approval. Appropriate
compliance schedules are also established to ensure staff can properly monitor implementation
of conditions.
NOW, THEREFORE, based on the above findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake
Elsinore approve M2004-01.
,.......
Ron LaPere, Chairman
Lake Elsinore Planning Commission
I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting
thereof conducted on March 16, 2004 by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST:
/"""',
Robert A. Brady, Secretary to the
Planning Commission
AGENDA ITE~NO.~
PAGEAOF~
CONDITIONS OF APPROVAL
M 2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
......,
PLANNING DIVISION
1. Miscellaneous Design Review approval for M 2004-01 will lapse and be void unless a building
permit is issued within one (1) year of the approval date. An extension of time, up to one (1)
year may be granted by the Community Development Director prior to the expiration of the
initial Design Review approval upon application by the developer and payment of required fees
one (1) month prior to expiration.
2. All construction shall comply with these Conditions of Approval and those provisions and
requirements contained in the Canyon Hills Specific Plan, Zoning Code. and Municipal Code,
prior to issuance of certificate of occupancy and release of utilities.
3. Project buildings and structures and all site improvements shall be. constructed as indicated on
the approved site plan, landscaping plan, and building elevations; subject to approval by the
Community Development Director or designee.
4. Any revisions to approved site plans or building elevations shall be reviewed and approved by
the Community Development Director or designee.
5. Final offsite roadway improvements along Railroad Canyon Road shall be presented in street
improvement plans, which require approval by the Engineering Manager.
'-'
6. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction
generated dust and erosion shall be mitigated in accordance with the provisions of Municipal
Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be
provided 30 days after the site's rough grading, as approved by the City Engineer.
7. The applicant shall comply with all applicable City Codes and Ordinances.
8. Prior to issuance of building permit, building plans for the fire station shall comply with all
American with Disabilities Act (ADA) requirements.
9. Trailers utilized during construction shall require a bond subject to the approval of the
Community Development Director or Designee.
10. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal
Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD
and shall incorporate all district conditions and standards.
11. The design and construction of the project shall meet all County Fire Department standards.
12. All mechanical and electrical equipment on the building shall be ground mounted. All outdoor
ground or wall mounted utility equipment shall be consolidated in a central location and
~
AGENDA nEM NO. :L\
.~ PAGE.JQ.. OF ~
~
CONDITIONS OF APPROVAL
M 2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
architecturally screened along with substantial landscaping, subject to the approval of the
Community Development Director, prior to issuance of building permit.
13. The project shall be properly landscaped with an automatic (manual or electric) irrigation system
to provide 100 percent plant and grass coverage using a combination of drip and conventional
irrigation methods. The final landscaping/ irrigation plan is to be reviewed and approved by the
City's Landscape Architect Consultant and the Community Development Director or designee.
A Landscape Plan check fee will be charged prior to final landscape approval based on the
Consultant's fee plus 40 percent.
. The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum
of 30 feet apart and at least 24-inch box in size.
. Planting within 15 feet of ingress/egress points shall be no higher than 36 inches.
~
. The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to the use of
Xeriscape or drought resistant plantings with combination drip irrigation system to be used
to prevent excessive watering.
. All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond
for materials and labor for two years from Certificate of Occupancy.
. All landscaping and irrigation shall be installed within an affected portion of any phase at the
time a certificate of occupancy is requested for any building.
. The Final landscape plan shall be consistent with any approved site and Preliminary
landscaping plan.
. The Final landscape plan shall include planting and irrigation details.
14. Comply with the Mitigation Monitoring Program that was prepared for the 2003 Canyon Hills
Specific Plan EIR Addendum.
15. Prior to issuance of any precise grading permit or building permit, the applicant shall sign and
complete an "Acknowledgment of Conditions" and shall return the executed original to the
Community Development Department for inclusion in the case records.
16. These Conditions of Approval shall be reproduced on subsequent building plans poor to
issuance of building permit.
,.,-..
AGENDA ITEM NO. ~ \
~ PAGE..3.L;J[[
CONDITIONS OF APPROVAL
M 2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
""
17. Proposed trash enclosure shall be designed according to City standards, subject to review and
approval by the Community Development Director. Enclosure walls shall be decorative block.
18. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be
limited to the hours of 7:00 AM to 5:00 PM, Monday through Saturday.
19. All signage shall require issuance of a City Sign Permit, as appropriate.
20. The applicant shall use concrete tile roofing materials with a Class "A" fire rating.
21. Prior to commencement of grading operations, the applicant shall provide a map of all proposed
haul routes to be used for movement of dirt material. Such routes shall be subject to review and
approval by the Engineering Manager. A bond may be required to pay for damages to the
public right-of-way, subject to approval by the Engineering Manager.
22. Submit a ''Will Serve" letter from Southern California Edison stating that electrical service will
be provided to the project.
23. The proposed storage facility shall be designed consistently with the proposed fire station and
shall utilize the same materials and colors.
......"
ENGINEERING DIVISION
24. Provide left turn access from west bound Railroad Canyon Road onto the project site.
Improvements shall include construction of a median opening at the project entrance that
accommodates a left turn pocket for the west bound movement onto the site. The left turn
pocket shall be designed to accommodate a minimum design speed of 45-MPH.
25. The median opening at the project entrance shall be designed to accommodate left turn
movements out of the project.
26. Construct Caltrans Standard traffic signal with type 90 controllers as specified by the City's
Traffic Engineer. Traffic signals shall be actuated by standard traffic loop detectors as approved
by the City Engineer. Traffic Signal shall be operational prior to occupancy.
27. The applicant shall provide a sight distance study for east and west bound directions on Railroad
Canyon Road. The study shall document the available clear sight distance to and from the
project entrance. In the event the sight distance is less than 700-feet, a flashing beacon - 'Signal
Ahead' sign shall be installed per Caltrans Standard. If the flashing beacon - 'Signal Ahead' sign
is required, it/they shall be operational simultaneous to the traffic signal becoming operational.
....."
AGENDA ITEM NO. ~ \ A
", PAGE 3).. OF.J:l.\-
'"
CONDITIONS OF APPROV AI..
M 2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
28. Development shall protect the proposed fuel tank against spills and leaks in accordance with
standard hazardous materials storage methods and in compliance with the National Pollution
Discharge Elimination (NPDES) regulations.
29. All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to certificate of occupancy.
30. All Capital Improvement and Plan Check fees shall be paid (LEMC 16.34, Resolution 85-26).
31. A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable
water agency stating that water and sewer arrangements have been made for this project. Letter
shall be submitted prior to certificate of occupancy.
32. All public works improvements shall be constructed per approved street plans (LEMC 12.04 and
16.34).
33. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to certificate of occupancy.
".--.
34. All applicable fees shall be paid and the applicant shall comply with all requirements of the
encroachment permit as issued by the Engineering Division for construction of public works
improvements (LEMC 12.08 and Resolution 83-78).
35. All compaction reports, grade certifications, monument certifications (with tie notes delineated
on 8-1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of
public works improvements will be scheduled and approved.
36. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to certificate of occupancy.
37. 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.
38. Provide street lighting and show lighting improvements as part of street improvement plans as
required by the Engineering Manager.
39. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations.
40. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be
approved prior to final map approval. All traffic control devices shall be installed prior to final
inspection of public improvements.
'"
AQENOA ITEM NO. ~\
PAGE '3..3 OF.-!::LL
CONDITIONS OF APPROVAL
M 2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
~
41. All 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 applicant to
pay $30 per sheet for City digitizing.
42. All utilities except electrical over 12 KV shall be placed underground, as approved by the serving
utility.
43. Applicant shall provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with recommendations.
44. Applicant shall obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be
required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially
modified as determined by the Engineering Manager. 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.
45. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/ or liquefaction zones present on-site. In the event the project is unaffected by any fault
zone, applicant shall provide a document certified by a licensed Geotechnical Engineer or
Licensed Geologist identifying the site as being outside the fault zone.
~
46. All grading shall be done under the supervision of a Geotechnical Engineer and he shall certify
all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes
greater than 30 feet in height shall be contoured.
47. Convey onsite runoff to the public storm drain system. Any non-historic storm flows shall be
accepted by adjacent property owners with a notarized and recorded letter of drainage
acceptance or conveyed to a drainage easement.
48. On-site drainage facilities located outside of road right-of-way should be contained within
drainage easements shown on the final drainage plans. A note should be added to the final
drainage plans stating: "Drainage easements shall be kept free of buildings and obstructions".
49. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the Engineering Manager.
50. Submit Hydrology and Hydraulic Reports for review and approval by the Engineering Manager
and the Riverside County Flood Control District prior to issuance of building permit. Applicant
shall mitigate any flooding and/or erosion caused by development of site and diversion of
drainage.
~
AGENDA ITEM NO J.., \
" PAGE2.1'OF~L.
,-....
CONDITIONS OF APPROVAL
M 2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
51. All drainage facilities ill this tract shall be constructed to Riverside County Flood Control
District Standards.
52. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain
system, the wording and stencil shall be approved by the Engineering Manager.
53. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains
shall drain to a landscaped area whenever feasible.
54. Ten (10) year storm runoff should be contained within the curb and the one hundred (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.
55. A drainage acceptance letter will be necessary from the downstream property owners for
outletting the proposed storm water run-off on private property.
56. Applicant shall be subject to all Master Planned Drainage fees and will receive credit for all
Master Planned Drainage facilities constructed.
r--
57. Applicant will be required to install BMP's using the best available technology to mitigate any
urban pollutants from entering the watershed.
58. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction
which describes BMP's that will be implemented for the development and including
maintenance responsibilities.
59. Education guidelines and Best Management Practices (BMP) shall be provided to residents of
the development in the use of herbicides, pesticides, fertilizers as well as other environmental
awareness education materials on good housekeeping practices that contribute to protection of
storm water quality and meet the goals of the BMP in Supplement "An in the Riverside county
NPDES Drainage Area Management Plan.
60. Applicant shall provide for flush BMP's using the best available technology that will reduce
storm water pollutants from parking areas and driveway aisles.
61. Intersection sight distance shall meet the design criteria of the CALTRANS Design Manual
(particular attention should be taken for intersections on the inside of curves). If sight distance
can be obstructed, a special limited use easement must be recorded to limit the slope, type of
landscaping and wall placement.
,-....
AGENDA ITEM NO. d- \
PAGE 3~ OF~
CONDITIONS OF APPROVAL
M 2004-01 FOR MISCELLANEOUS DESIGN REVIEW
OF CANYON HILLS FIRE STATION
(Continued)
...,
62. In accordance with the City's Franchise Agreement for waste disposal and recycling, the
applicant shall be required to contact with CR&R Inc., for removal and disposal of all waste
materia~ debris, vegetation and other rubbish generated during cleaning, demolition, clear and
grubbing or all other phases of construction.
.......,
""
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AGENDA ITEM NO.:2.\
PAGSftOF&'
~
ATTACHMENT D
FULL SIZE SET OF SUBMITTED PLANS
~
~
AGENDA 'TE~ INp. :L \
PAGE~ OF...:LL
/""""-
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
DICK W ATENP AUGH, CITY MANAGER
DATE:
APRIL 13, 2004
SUBJECT: 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.2
BACKGROUND
On March 23,2004, the City Council adopted a resolution of intention to annex the Pepper
Grove development into Landscape and Street Lighting District No.1.
DISCUSSION
/""""-
Attached is the Engineer's report for the Lake Elsinore Landscape and Street Lighting
Maintenance District Annexation No.2 prepared by Harris and Associates. The district
annexation includes the Pepper Grove development which contains approximately 22,560 square
feet of public right-of-way landscaping and 4 street lights. The total annual cost of operations
and maintenance is estimated at $8,814 or $303.93 per single family dwelling unit. The
estimated cost for the first year includes a 50% reserve of$3,958 bringing the total to $12,772 or
$440.40 per single family dwelling unit. The 1972 Act requires that a special fund be set up for
the revenues and expenditures of the District and each annexation or zone tracked separately.
Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
The City Council may approve up to a two percent (2%) fixed rate adjustment annually. The rate
adjustment will adjust the Maximum rate but not necessarily the assessment rate. If costs begin
to exceed assessment revenue, the City Council may increase the assessment up to the
Maximum.
FISCAL IMPACT
The City will have the appropriate funding to cover public right-of-way landscape and lighting
for the designated areas in the district.
/""""-.
AGENDA ITEM NO ')~
PAGE-L.~~
Report to the City Council
April 13, 2004
Page 2 of2
....,
RECOMMENDATION
This is an advertised Public Hearing.
The following is recommended to the City Council:
1. Open the Public Hearing and take testimony
2. City Clerk opens sealed ballot(s), tallies vote(s), announces vote tally and states whether
a majority protest exists
3. If no majority protest exists, then by motion, adopt Resolution No. 2004 - J. A approving
the annexation of territory and the levy of assessments for Lake Elsinore Landscape and
Street Lighting District No.1;
PREPARED BY:
Matt N. Pressey, Director of A mistrative Services
APPROVED FOR ~'~)~ J
AGENDA LISTING: ) .1 ().
Dick Watenpaugh, Ci M'!;fjger
."
....,
AGENDA ITEM NO.
PAGE-2- OF
)2
{i?
~
RESOLUTION NO. 2004-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF
ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET
LIGHTING DISTRICT NO.1 AS ANNEXATION AREA NO.2
WHEREAS, the City Council ofthe City of Lake Elsinore, pursuant to the provisions ofthe
Landscaping and Lighting Act of 1972 being Division 15 ofthe Streets and Highways Code ofthe
State of California (the "Act"), did on the 23rd day of March, 2004, adopt a resolution initiating
proceedings for the annexation of certain property (the "Annexed Area") into the Landscape and
Street Lighting District No.1 (the "District") as Annexation Area No.2, (the "Annexation"), for the
purposes provided therefore in the Act; and
WHEREAS, said Resolution was duly and legally published in the time, form, and manner as
required by law, and which Resolution is on file in the Office ofthe City Clerk; and
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that if the
assessment is new, a notice of the proposed assessment, along with a ballot, shall be mailed to all
owners of identified parcels within the Annexation, and that the agency shall conduct a public
hearing not less than 45 days after the mailing of said notice; and
~
WHEREAS, the property owner of said Annexation has submitted a signed and notarized
petition and an assessment ballot in favor ofthe proposed assessment against the Annexation; and
WHEREAS, the property owner by signing said petition, hereby waives the statutory
requirements for the 45-day noticing period for the public hearing and rights of majority protest; and
WHEREAS, said petition and assessment ballot is on file in the Office of the City Clerk; and
WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated
Citywide Landscape and Street Lighting District, Annexation No.2, showing the boundaries ofthe
Annexation, which are benefited by the improvements and the amount to be assessed against each of
the parcels within the Annexation; and
WHEREAS, the diagram and assessment have been filed with the City Clerk and are open to
public inspection and may be referred to for all details regarding the improvements, the boundary of
the Annexation, the assessments, the total costs, and the description ofthe parcel to be assessed; and
WHEREAS, the City Council has examined and considered the diagram, the assessments,
and the proceedings prior thereto; and
r---
WHEREAS, said City Council having duly received and considered evidence, oral and
documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for t~
AGENDA ITEM NO. ~ J...
PAGEloF-L
RESOLUTION NO. 2004-_
April 13, 2004 - Page 2
""
contemplated work and the benefits to be derived therefrom, and said City Council having now
acquired jurisdiction to order the proposed work.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCrr... OF
THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the City hereby proposes an annual levy of assessments for the
Landscape and Street Lighting District No.1, Annexation No.2.
Installation, construction, or maintenance of any authorized improvements under the Act,
including, but not limited to, streetlight and landscape improvements and any facilities which are
appurtenant to any ofthe aforementioned or which are necessary or convenient for the maintenance
or servicing thereof.
SECTION 3. The City Manager has directed to cause the preparation of a report in
accordance with Article 4 of the Act for the Annexation and which is on file with the City Clerk.
SECTION 4. A diagram for the Annexation (Section 22570 of the Streets and Highways
Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be
benefited and assessed for the improvements has been prepared as Exhibit "A." The diagram,
assessments, and improvement plans have been filed with the City Clerk.
""
SECTION 5. The City Council hereby finds that each and every part of the Engineer's
Report is sufficient and the City Council hereby approves, passes on, and adopts the Engineer's
Report as submitted to the City Council and filed with the City Clerk.
SECTION 6. The City Council does hereby reference the Engineer's Report that indicates
the amount of the assessments, the Annexation boundary, detailed description of improvements, and
the method of assessment. The Engineer's Report is on file in the office of the City Clerk and
reference to the Engineer's Report is hereby made for all particulars.
SECTION 7. The City Clerk shall certify to the adoption ofthis Resolution.
""
AGENDA ITEM NO. 1J-
PAGE-.:LOFL
~
RESOLUTION NO. 2004-_
April 13, 2004 - Page 3
PASSED, APPROVED, AND ADOPTED this day _ of
, 2004.
Thomas Buckley, Mayor
ATTEST:
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
~
Barbara Zeid Leibold, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, the City Clerk ofthe City of Lake Elsinore, do hereby certify that the foregoing Resolution
was duly adopted by the City Council of the City of Lake Elsinore at a regular meeting thereof, held
on the _ day of , 2004 by the following vote of Council:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
,.....
Vicki Kasad, City Clerk
D-.?--
AGENDA ITE~YO.
PAGE.5 ,OF "
EXHIBIT A
373-20
,....."
~
PARK WAY
.......
@ ~
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::s
q:
cgqfj
CD
RAilROAD A LIE
~
The parcel numbers above correspond to the Assessor's maps
of the Assessor of the County of Riverside for Fiscal Year
2003-04.
VICINITY MAP
N.T.S.
Annexation No.2 to the Landscape and
Street Lighting Maintenance District No.1
Assessment Diagram AGENDA ITEM NO. :l.?--
Page 1 of 1 I .... f_
PAGE...\a.- OF ~
.......,
/"" CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: RICHARD J. WATENPAUGH, CITY MANAGER
DATE: APRIL 13,2004
SUBJECT: PUBLIC HEARING FOR CONSIDERATION OF OBJECTIONS TO THE
CITY'S WEED ABATEMENT PROGRAM
BACKGROUND
Pursuant to City Municipal Code, Chapter 8.32, Weed and Rubbish Abatement, the City held a
Public Hearing on April 13, 2004 to adopt a Resolution declaring weeds, rubbish, refuse and dirt on
private properties to be a nuisance and order the abatement thereof. The City is also required to hold
a Public Hearing to consider any objections by property owners to the proposed removal of weeds,
rubbish, refuse and dirt should the owners neglect to clear their properties.
"..-
DISCUSSION
Weed Abatement notices were mailed to approximately 10,000 property owners following the
Council's adoption of Resolution 2004-08, declaring weeds, rubbish, refuse and dirt on private
properties to be a nuisance.
Property owners will have until May 1, 2004, to abate their parcels. Should the City abate a
property, the owner will be assessed the cost of abatement plus a $250.00 Administrative Fee.
FISCAL IMPACT
None. All costs will be recovered through a Tax Lien, including the Administrative Fee of$250.00
per parcel.
RECOMMENDATION
It is recommended that the City Council open the Public Hearing and give due consideration to any
objections presented by the public on this date.
"..-
AGENDA ITEM NO. 1. )
PAC~~ OF :;:l..
REPORT TO CITY COUNCIL
April 13, 2004
PAGE TWO
RE: PUBLIC HEARING FOR CONSIDERATION OF OBJECTIONS TO THE
CITY'S WEED ABATEMENT PROGRAM.
.......,
PREPARED BY:
~c~~mafJ
APPROVED BY:
APPROVED FOR
AGENDA LISTING:
......,
......"
AGENDA ITEM NO. bt ~
'" ----...-.---....-....,
PAC';: c:7'\ OF :t
.__.~~..~~-----
.----.----...;
ORDINANCE NO. 1117
".....
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE
CHANGE NO. 2003-02 CHANGING THE ZONING
DESIGNATION OF A PARCEL SPECIFICALLY
DESCRIBED AS APN (S) 363-240-002, 003, 004, 008,009 AND
016 FROM R-l SINGLE FAMILY RESIDENTIAL
DISTRICT TO R-2 MEDIUM DENSITY RESIDENTIAL
DISTRICT UNDER THE ZONING ORDINANCE
WHEREAS, Daigle Homes LLC, has initiated proceedings to change the zoning
designation of the~ subject parcels known as APN(s) 363-240-002, 003, 004, 008, 009 and 016
from R-l Single Family Residential District to R-2 Medium Density Residential District;.
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on January 20, 2004 made its report upon the desirability of the proposed project and made
its recommendations in favor of said Zone Change No. 2003-02 by adopting Planning
Commission Resolution No. 2004-03 recommending to the City Council approval of Zone
Change No. 2003-02; and
WHEREAS, public notice of said application has been given, and the City Council has
.r--- considered evidence presented by the Community Development Department and other interested
parties at a public hearing held with respect to this item on March 09, 2004;
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows:
SECTION 1. The City Council has considered the proposed Zone Change No. 2003-02,
prior to making a decision to approve the proposed amendment to the Land Use Designation and
establish a Zoning Designation. The City Council finds and determines that Mitigated Negative
Declaration No. 2004-01 is adequate and prepared in accordance with the requirements of the
California Environmental Quality Act (CEQA) which analyzes environmental effects of the
proposed project and recommends City Council certification, based upon the following findings
and determinations:
SECTION 2. That in accordance with State Planning and Zoning law and the City of
Lake Elsinore the following findings for the approval of Zone Change No. 2003-02 have been
made as follows:
1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or
general welfare of the persons residing or working within the neighborhood of the
proposed amendment or within the City, or b) injurious to the property or improvements
in the neighborhood or within the City.
r---
AGENDA ITEM NO.~
, 3~
Pl'.G~ ,......1-- Of' . . '
City Council Ordinance No. 1117
Page 2
.....,
The proposed Zone Change has been analyzed relative to its potentiality to be
detrimental to the health, safety, comfort and welfare of the persons residing or working
within the neighborhood of the proposed amendment. The primary issue identified by
staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the
Traffic Impact Report, that the Level of Service for the intersections in the Study Area
will not be degraded as a result of this project.
2. The proposed action will be consistent with the Goals, Objectives, and Policies of the
General Plan and the development standards established with the Lake Elsinore
Municipal Code (LEMC).
Based on its analysis, staff has concluded that the requested amendment to the General
Plan Land Use Map and the corresponding Zone Change, allowing the development of
the subject condominium project is consistent with GOAL 1.0 of the General Plan
Housing Element, obligating the City to provide "decent housing opportunities and a
satisfYing living environment for residents of Lake Elsinore".
SECTION TWO: ZONING RECLASSIFICATION
This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing,
reclassifying and rezoning the following described property, to wit:
Assessor's Parcel Numbers 363-240-002, 003, 004, 008,
009 AND 016: TO R-2 MEDIUM DENSITY
RESIDENTIAL DISTRICT UNDER THE ZONING
ORDINANCE UNDER THE ZONING ORDINANCE
"-'
Approval is based on the following:
1. The proposed Zoning is consistent with the Goals, PoliCies, and Objectives in the General Plan.
2. The proposed Zoning is consistent with the General Plan and the various land uses authorized
by the Ordinance are compatible with the objectives, policies, general land uses, and programs
specified in the Plan. (Government Code Section 65860).
3. Reasons why the City has considered the effect of Zoning Ordinances on the regional housing
needs in which the City is located and how the City has balanced these needs against the public
service needs of its residents and available fiscal and environmental resources. (Government
Code Section 65863.6).
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.
"-'
?;:QEND~"~TEM NO~:xf::;;
:.~ P^GE~OF~
'." I"~ ~
,.......
City Council Ordinance No. 1117
Page 3
INTRODUCED AND APPROVED UPON FIRST READING this 23 day of March,
2004, upon the following roll call vote:
AYES: COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day
of April, 2004, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
,.......
ABSTAIN: COUNCILMEMBERS:
Thomas Buckley, Mayor
City of Lake Elsinore
ATTEST:
Vicki Kasad, City Clerk
,.......
JAfaENOA ITEM NO. 3 \
PAGE_3. OF .3 -
/"'"
ORDINANCE NO. 1118
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING SECTION 6.04.020 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING ANIMAL CONTROL FEE
SCHEDULE.
WHEREAS, Chapter 6.04 of the Lake Elsinore Municipal Code establishes animal
control within the City of Lake Elsinore; and
WHEREAS, Section 6.04.020 of the Lake Elsinore Municipal Code sets the Animal
Control Fee Schedule.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS:
SECTION 2:
follows.
That dog licenses of Section 6.04.020 is amended and restated as
Dog Licenses: 1 Year 2 Year 3 Year
Unaltered Dog $ 50.00 $100.00 $150.00
Altered Dog $ 15.00 $ 20.00 $ 25.00
Senior Citizen owned (Age 62)
(Altered Dog) $ 6.00 $ 7.00 $ 8.00
/"'"
PASSED, UPON FIRST READING this 23rdday of March
following roll call vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY
, 2004, by the
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED this _ day of
following roll call vote:
, 2004, by the
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
r--
Thomas Buckley, Mayor
1
. 3J-
A8ENDA ITEM NO. ?:.
" PAGEL OF_
ATTEST:
Vicki Kasad, City Clerk
"\
2
-AIiENOA ITEM NO. 3?-
'" ; PAGE LOF ~
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......,
'-'"
\
",...... CITY OF LAKE ELSINORE
REPORT TO CITY COUNCILIREDEVELOPMENT AGENCY
TO: HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL, AND
REDEVELOPMENT AGENCY
FROM: RICHARD 1. WATENPAUGH, CITY MANAGER
DATE: CITY COUNCIL & REDEVELOPMENT AGENCY MEETING OF APRIL 13,2004
SUBJECT: INDUSTRIAL PROJECT NO. 2003-06 "D&D CATTLE INDUSTRIAL"
APPLICANT
Mr. Tom Gabric
Tom Gabric Associates
903 S. Ramona
Corona, CA 91719
REQUEST
Industrial Design Review No. 2003-06. The applicant is requesting Design Review consideration for the
construction of six industrial buildings that encompass 30,045 s.f. and related improvements at APN 377-
",...... 151-061 located on Collier Avenue between Central Avenue and Chaney Street. Review is pursuant to
Section 17.82 (Design Review), of the Lake Elsinore Municipal Code (LEMC).
BACKGROUND
At its regular meeting of March 2,2004, the Planning Commission adopted Resolution No. 2004-21
recommending to the City Council approval of I No. 2003-06. In addition, the Planning Commission
dismissed Variance No. 2004-01, a request to reduce the required building, parking, and landscaping
setbacks along Collier Avenue. During research of the project, staff discovered that the right of way
dedication requirements along Collier A venue were modified in an area in front of the subject site
(according to City Council action dated October 11, 1988), thus eliminating the need for the requested
Variance application. (Staff Report, Conditions of Approval, Resolutions, Minutes, and Exhibits
enclosed).
PROJECT DESCRIPTION
The proposed project entails Design Review consideration of six industrial buildings which will be used
for manufacturing/warehousing and related office and totals 30,045 s.f. on approximately 1.82-acres of
vacant land. This proposal includes 77 parking spaces and 14,123 s.f. oflandscaped areas. Access to the
site is provided off of an existing paved road north of Minthom Street.
DISCUSSION
".....
Items of discussion presented related to the site design and architectural detail of the proposed buildings,
as well as the requested Variance application to reduce the required building, parking, and landscaping
setbacks along Collier Avenue. As noted, the Planning Commission dismissed Variance 2004-01. It was
AGENDA 'TEM NO. S~
" PAGE-LOF QZ
REPORT TO THE CITY COUNCIL AND REDEVELOPMENT AGENCY
APRIL 13, 2004
PAGE 2
......"
SUBJECT: INDUSTRIAL PROJECT NO. 2003-06 "D&D CATTLE INDUSTRIAL"
the general consensus of the Planning Commission to accept the project as proposed.
ENVIRONMENTAL
Pursuant to the California Environmental Quality Act (CEQA) this project has been found exempt based
on Section 15332, Class 32 "Infill Developments" of less than 5 acres. No further environmental
clearance is required.
RECOMMENDATION
It is recommended that the City Council approve Design Review of! No. 2003-06 for the construction of
six warehouse buildings totaling 30,045 s.f. based on the recommended Findings, Exhibits "A" thru "G",
and subject to the attached Conditions of Approval.
The subject site is located within Redevelopment Project Area #1. Consequently, it is also recommended
that the Redevelopment Agency concur with the Council's action.
FINDINGS
1. The project, as approved, will comply with the goals and objectives of the General Plan and the '-""
Zoning District in which the project is located.
The proposed Industrial Design Review located at APN: 377-151-061 complies with the goals and
objectives of the General Plan, in that the approval of this industrial complex will assist in achieving the
development of a well-balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake
Elsinore's economic base.
2. The project complies with the design directives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
The proposed Industrial Design Review located at APN: 377-151-06 is appropriate to the site and
surrounding developments in that the proposed industrial complex has been designed in consideration of
the size and shape of the property, thereby creating interest and varying vistas as a person moves along
the street. Further the project as proposed will complement the quality of existing development and will
create a visually pleasing, non-detractive relationship between the proposed and existing projects in that
the architectural design, color and material and site designs proposed evidence a concern for quality or
originality.
3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any
significant adverse environmental impacts.
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AGENDA ITEM NO. 35
". PAGELOF ~C{.
REPORT TO THE CITY COUNCIL AND REDEVELOPMENT AGENCY
~ APRIL 13, 2004
PAGE 3
SUBJECT: INDUSTRIAL PROJECT NO. 2003-06 "D&D CATTLE INDUSTRIAL"
Pursuant to the California Environmental Quality Act (CEQA), the proposed The proposed Industrial
Design Review located at APN: 377-151-061, as reviewed and conditioned by all applicable City
Divisions and Departments and Agencies, will not have a significant effect on the environment
pursuant to Article 19 (Categorical Exemptions) and Section 15332 (In-Fill Development Projects).
4. Conditions and safeguards pursuant to Chapter 17.82.085 of the Zoning Code, including guarantees
and evidence of compliance with conditions, have been incorporated into the approval of the subject
project to ensure development of the property in accordance with the objectives of Chapter 17.82.
Pursuant to Section 17.82.085 (Action by the City Council) of the Lake Elsinore Municipal Code
(LEMC), the proposed Industrial Design Review located at 377-151-061 has been scheduledfor
approval by the City Council.
REVIEWED BY:
Kirt A. Coury, Associate Planner
~ G. VILLA, PLANNING & CODE ENFORCEMENT MANAGER
PREPARED BY:
~
APPROVED BY:
APPROVED FOR
AGENDA LISTING:
~ti!dWm~~
Ene. PC Minutes
PC Resolution
PC Conditions of Approval
PC Staff Report
Exhibits "A" thru "F"
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AGENDA ITEM NO. 33
" PAGE~OF U I
1
I
f
I
CONDITIONS OF APPROVAL FOR I NO. 2003-06
D&D CATTLE - APN 377-151-061
"-'
PLANNING DIVISION
1. Design review approval for Industrial Project No. 2003-06 will lapse and be void unless building
pennits are issued within one (1) year. An extension of time, up to one (1) year per extension, may
be granted by the Conununity Development Director prior to the expiration of the initial Design
Review approval upon application by the developer one (1) month prior to expiration.
2. All Conditions of approval shall be reproduced on page one of building plans prior to their
acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a
Certificate of Occupancy and release of utilities.
3. All site improvements approved with this request shall be constructed as indicated on the approved
site plan and elevations. Revisions to approved site plans or building elevations shall be subject to
the review of the Conununity Development Director. All plans submitted for Building Division
Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the
Planning Commission/City Council through subsequent action.
4. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Conununity
Development Director or designee.
5. Trash enclosures shall be constructed per City standards as approved by the Conununity
Developm€nt Director or designee, prior to issuance of building pennit. '-"
6. The Planning Division shall approve construction trailers utilized during construction. All
construction trailers shall require a $1,000.00 cash bond for each.
7. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart.
8. All roof mounted or ground support air conditioning units or other mechanical equipment
incidental to development shall be architecturally screened or shielded by landscaping so that they
are not visible from neighboring property or public streets. Any roof mounted central swamp
coolers shall also be screened, and screening plan shall be approved by the Conununity
Development Director, prior to issuance of building pennit.
9. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District.
Proof shall be presented to the Chief Building Official prior to issuance of building pennits and
final approval.
10. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto
neighboring property and streets or allow illumination above the horizontal plane of the fixture.
The light fixture proposed is to match the architecture of the building.
11. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for
Type eA' loading zones (12' x 20').
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AGENDA ITEM NO. 33
'" PAGE~OF )..'6'
Planning Commission
Approved r:t-a--o<<T]
i
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I
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/"""'
CONulTIONS OF APPROVAL FOR I NO. Z003-06
D&D Cattle, APN 377-151-061
12. All exterior downspouts shall be painted to match the building color.
13. Materials and colors depicted on the materials board shall be used unless modified by the
Community Development Director or designee.
14. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the
Lake Elsinore Unified School District have been paid.
15. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the
Riverside County Fire Department have been met.
16. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building
permit issuance.
'17. A sign program shall be submitted for review and approval the Planning Commission prior to
building permit approval.
18. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete
an "Acknowledgement of Conditions" form and shall return the executed original to the
Planning Division for inclusion in the case records.
19. Extensive and mature landscaping shall be constructed along the northeastern (Collier Avenue) and
southeastern (immediately adjacent buildings three and six) property lines.
20. The final tandscaping/irrigation plan is to be reviewed and approved by the City's Landscape
Architect Consultant and the Community Development Director or Designee, prior to issuance
of building permit. A Landscape Plan Check Fee will be charged prior to final landscape
approval based on the Consultant's fee plus forty percent (40%).
a. All planting areas shall have permanent and automatic sprinkler system with 100%
plant and grass coverage using a combination of drip and conventional irrigation
methods.
b. Applicant shall plant street trees, selected from the City's Street Tree List, a
maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size.
c. All planting areas shall be separated from paved areas with a six inch (6") high and
six inch (6") wide concrete curb.
d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than
thirty-six inches (36").
e. Landscape planters shall be planted with an appropriate parking lot shade tree to
provide for 50% parking lot shading in fifteen (15) years.
f. Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
AlII!NDA ITE'gO. 3}; ,
. "" PAGE OF ;tg'"
Planning Commh!~'on
Approved Wa:o~
CONlJITIONS OF APPROVAL FOR I NO. :l003-06
D&D Catde, APN 377-151-061
g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to the
use of Xeriscape or drought resistant plantings with combination drip irrigation
system to be used to prevent excessive watering.
~
h. All landscape improvements shall be bonded 100% for material and labor for two
years from installation sign-off by the City. Release of the landscaping bond shall be
requested by the applicant at the end of the required two years with
approval/ acceptance by the Landscape Consultant and Community Development
Director or Designee
1. All landscaping and irrigation shall be installed within affected portion of any phase
at the time a Certificate of Occupancy is requested for any building. All planting
areas shall include plantings in the Xeriscape concept, drought tolerant grasses and
plants.
J. Final landscape plan must be consistent with approved site plan.
k. Final landscape plans to include planting and irrigation details.
21. Plant palette shall substantially match the neighboring plant palette featured along Collier
Avenue.
ENGINEERING DIVISION
'-'
22. All 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 apprmTal occupanry.
23. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26).
24. The Traffic Mitigation Fee is $25,150, the Drainage Fee is $4,175 (Warm Springs East District),
the K-Rat Fee is $910 and the TUMF is $23,300 if building permits are obtained on/after July 1,
2004.
25. 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 building permit
26. Dedicate a 5 ft. wide strip of additional street right-of-way along the frontage of Collier Avenue
to the City prior to final map approval buildingpermit.
27. Sidewalks, with handrail, will be required to be constructed along Collier Avenue.
28. If the existing street improvements are to be modified, the existing street plans on file shall be
modified accordingly and approved by the City Engineer prior to issuance of building permit.
.......,
AGENDA ITEM NO. 3 J
"PAGE.k.-OF ~~
Planning CommlsslDII
Approved 1'6--;)-o~J
CONDiTIONS OF APPROVAL FOR I NO. 1:003-06
D&D Cattle, APN 377-151-061
.....- An encroachment permit will be required to do the work.
29. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must
be approved and signed by the City Engineer prior to final map approval occupanry (LEMC
16.34).
30. All parcels shall have direct access to public right-of-way or be provided with a minimum 26-
foot ingress and egress easement to public right-of-way with no on-street parking from the tract
boundaries to Minthorn Street by separate instrument or through map recordation.
31. The 26 ft. easement for access to Parcel Map 31901 must be approved by the Riverside
County Fire Department prior to final map approval building permit.
32. Riverside County Fire Department must approve easement widths and turning radii within the
site prior to final map approval building permit.
33. The 26 ft. ingress/egress easement to Chaney Street must exit onto Chaney Street at least
200 ft. from the intersection of Chaney Street and Collier Avenue.
34. Developer shall contribute $4,600 for the design and construction of the landscaping for
one-half of a "raised landscaped" median along the frontage of Collier Avenue prior to
issuance of building permit.
~ 35. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil
Engineer. . Improvements shall be designed and constructed to Riverside County Road
Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
36. Applicant shall construct public improvements or enter into an agreement with the City for the
construction of public works improvements and shall post the appropriate bonds prior to fi:llitl
map appro'.'al occupanry.
37. 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).
38. All compaction reports, grade certifications, monument certifications (with tie notes delineated
on 8 Yz" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of
public works improvements will be scheduled and approved.
39. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to [mal map appro'.'al building permit.
40. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
41. Provide fire protection facilities as required in writing by Riverside County Fire.
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42. Provide street lighting and show lighting improvements as part of street improvement plans as
AGI!NllA ITEM NO. '3 3_
'PAGE2-~
Planning Commlsslo,
Approved 13 -~-o'l J
CONl.JfTIONS OF APPROVAL FOR I NO. ~U03-06
D&D Cattle, APN 377-151-061
required by the City Engineer.
43. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations.
.~
44. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be
approved prior to final map approval. 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.
45. All 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.
46. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving
utility.
47. 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.
48. Provide soils, geology and seismic report including street design recommendations. Provide final
soils report showing compliance with recommendations. ......"
49. An Alquis- Priolo study shall be performed on the site to identify any hidden earthquake faults
and/ or liquefaction zones present on-site.
50. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all
slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes
greater than 30 ft. in height shall be contoured.
51. 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.
52. 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".
53. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the City Engineer.
54. The site is in the Flood Zone AO, FIRM Map 0606362062F Revised August 18, 2003 and
building pads shall be constructed 1 ft. above existing adjacent grades.
55. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations.
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AGENDA ITEM NO. 33
"" PAGE-Z- OF d.-~
Planning Commission
Approved 13-~~o{1
CONDiTIONS OF APPROVAL FOR I NO. zo03-06
D&D Cattle, APN 377-151-061
,........
56. Meet all requirements of LEMC 15.68 regarding floodplain management.
57. The applicant to provide FEMA elevation certificates prior to certificate of occupancies
58. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the
Riverside County Flood Control District prior to approval of final map. Developer shall
mitigate any flooding and/ or erosion caused by development of site and diversion of drainage.
59. All drainage facilities in this tract shall be constructed to Riverside County Flood Control
District Standards.
60. 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.
61. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains
should drain to a landscaped area when ever feasible.
62. 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 are exceeded, drainage
facilities should be installed.
,........
63. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all
Master Planned Drainage facilities constructed.
64. Applicantwill be required to install BMP's using the best available technology to mitigate any
urban pollutants from entering the watershed.
65. Applicant shall provide the city with proof of his having filed a Notice of Intent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination System
(NPDES) program with a storm water pollution prevention plan prior to issuance of grading
permits. The applicant shall provide a SWPPP for post construction which describes BMP's that
will be implemented for the development including maintenance responsibilities..
66. 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.
67. Applicant shall provide first blush BMP's using the best available technology that will reduce
storm water pollutants from parking areas and driveway aisles.
68. Parking lot and roof runoff must go through a filtering system before draining to the public
maintained storm drain and or provide permeable parking lot gutters.
~
69. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for
AGENDA ITEM NO..3 3
"". PAGE~OF~
Planning Commission
Approved 1~,.j-041
CON.ulTIONS OF APPROVAL FOR I NO. l003-06
D&D Cattle, APN 377-151-061
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.
....,
70. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant
shall be required to contract with CR&R Inc. for removal and disposal of all waste material,
debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing
or all other phases of construction.
* Italics indicates addition to text, strikethrough indicates removal from text.
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AGENDA ITEM NO. :3 .3
.' PAGEl.Q..OF ?-8"
PlannIng Commission
Approved l~-~ .~Oq I
PAGE 2 - PLANNING CD:MMISSION MINUTES - MARGf 02,2004
'V/
FilE COpy
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PUBLIC HEARINGS
2. Variance 2004-01 and Industrial Project No. 2003-06 - D & D Cattle IndU$trial
Complex.
d1ainnan LaPere opened the Public Hearing at 6:09 PM, and requested the reading of the
Staff Report.
Director of CmnmwUty Development Brady indicated that this project is for a proposed
industrial building and requested Associate Planner Coury to review the Staff Report with
the Commission.
Associate Planner Coury stated that the applicant is proposing to construct six industrial
buildings ranging in size from 4,200 to 6,300 square feet. He indicated that originally Staff
had requested the applicant to apply for a Variance for the reduction the buildings, parking
and landscaping setbacks along Collier Avenue. However, he indicated that it was
discovered that the right-of-way was reduced from 100 feet to 86 feet, and therefore the
Variance was not needed.
/"""'
Associate Planner Coury stated that the design for the buildings have enhanced architectural
treatments to include pop out tower elements with the cornice treatment with varied color
trea~nts. He stated that the front office portion of the building has a pop-out tower, and
glass doors. He indicated that Staff has reviewed the proposed project and recommends that
the Planning Commission approve and adopt a Resolution for the Design Review for
Industrial No. 2003-06 and dismiss Variance No. 2004-01 based on the Findings, Exhibits,
and is subject to the Conditions of Approval. He noted that the applicant is here to answer
any questions that the Commission may have.
d1ainnan LaPere requested any comments from the Public.
Tom Gabric 903 S. Ramona, Corona stated that he is the Architect for the project. He
indicated that he has issues with some of the Conditions where it reference to the Final Map.
d1ainnan LaPere asked Staff to comments on this subject.
Engineering Manager Sewnalo indicated that Condition No. 25 states that the Will Serve
letter must be submitted prior to the Final Map approval.
Mr. Gabric stated that he plans on submitting the Will Serve letter, however h~ stated that he
would like the wording changed to at buildingpemit arcxmpan:y.
/"""'
Engineering Manager Sewnalo indicated that several of the Engineering Conditions could be
changed to reflect the revised wording.
d1ainnan LaPere asked the applicant if he agrees to all of the other Conditions of Approval.
AQENDA ITEM NO. ~3
'" PAGElL OF ~ 8'"
PAGE 3 - PLANNING CDMMISSION MINUTES - MARaI 02,2004
Mr. Gabric stated "yes".
~
There being no further comments from the Public, d1airman LaPere brought the discussion
back to the Commission for comments.
Commissioner O'Neal stated that he concurs with the Commission on the dismissal of the
Variance, and approval of the Design Review of the Industrial project. He had no further
comments.
Commissioner Matthies asked if the wall facing Minthorn would have any architectural
design.
Associate Planner Corny stated that currendya vacant parcel would be between the building
and Minthorn. He stated that this vacant parcel would eventually be development, and the
blank wall that would be facing Minthorn would be blocked.
Commissioner Matthies asked if the existing paved roads to the north would be improved.
Engineering Manager Seumalo stated that the street would be improved.
Commissioner Matthies had no further comments.
d1airman LaPere concurred with the Commission. He indicated that this project would
enhance the area, and had no further comments. ~
There being no further comments, O1ainnan LaPere closed the Public Hearing at 6:20 PM,
and requested the reading of the Resolution.
MOVED BY MATTHIES, SECONDED BY O'NEAL AND PASSED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUfION NO.
2004-21, A RESOLUfION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING OTY COUNOL
APPROVAL OF DESIGN REVIEW FOR INDUSTRIAL PROJECf NO. 2003-06,
TO BE LOCATED ON COLLIER AVENUE AND TO INCLUDE THE
MODIFICATIONS TO CONDITIONS NO. 22, 25, 26,29, 32, 36, AND 39.
d1airman LaPere ope
Staff Report.
e Public Hearing at 6:23 PM, and requested the reading of the
3.
I
.....
Director of Co "ty D elopment Brady stated that this is a request for a Residential
Project, and reque d Assoc Planner Corny to review it with the Commission.
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"/3
AGENDA ITEM NO. .::>
PAGEJl..OF dZ ~
t-'-
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RESOLUTION NO. 2004-21
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING CITY COUNCIL APPROVAL OF
DESIGN REVIEW FOR INDUSTRIAL PROJECT NO. 2003-
06, TO BE LOCATED ON COLLIER AVENUE- APN 377-
151-061
WHEREAS, an application has been filed with the City of Lake Elsinore by D & D Cattle
Company, LLC, to request Design Review of Industrial Project No. 2003-06 for six industrial
buildings totaling 30,045 square feet on 1.82 acres of vacant land;
WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with
the responsibility of approving Design Review for industrial projects; and
WHEREAS, public notice of said application 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 March 2, 2004;
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
/"""
SECTION 1. The Planning Commission has considered the proposed request for the
Industrial Project No. 2003-06 and has found it acceptable. The Planning Commission finds and
determines this project is consistent with the Lake Elsinore Municipal Code and that this action is
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15332.b., In-Fill Development Prqjects;
...
SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore
Municipal Code the following findings for the approval of have been made as follows:
1. The project, as approved, will comply with the goals and objectives of the General Plan and the
Zoning District in which the project is located.
The proposed Industrial Design Review located at APN: 377-151-061 complies with the goals and objectives of
the General Plan, in that the approval of this industrial complex will assist in achieving the development of a
well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional
land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base.
2. The project complies with the design directives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
The proposed Industrial Design Review located at APN: 377-151-06 is appropriate to the site and surrounding
developments in that the proposed industrial complex has been designed in consideration of the size and shape of
the propertY, theref?y creating interest and varying vistas as a person moves along the street. Further the prqject as
proposed will complement the quality of existing development and will create a visuallY pleasing, non-detractive
relationship between the proposed and existing projects in that the architectural design,' color and material and site
designs proposed evidence a concern for quah"ty or originality.
,"
-
AGENDA ITEM NO. 53
"PAGEld-OF U
RESOLUTION NO. 2004-21
PAGE NO.2
"-""
3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result
in any significant adverse environmental impacts.
Pursuant to the California Environmental Quality Act (CEQA), the proposed The proposed Industrial Design
Review located at APN: 377-151-061, as reviewed and conditioned by all applicable City Divisions and
Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19
(Categorical Exemptions) and Section 15332 (In-Fill Development Projects).
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including
guarantees and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in accordance with the
objectives of Chapter 17.82.
Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code
(LEMC), the proposed Industrial Design Review located at 377-151-061 has been scheduled for consideration
and approval by the Planning Commission.
.....
NOW, THEREFORE, based on the above Findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of
Design Review for Industrial Project No. 2003.06Q ~
Ron LaPere, Chairman
Lake Elsinore Planning Commission
"-""
I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting
thereof conducted on March 2, 2004 by the following vote:
AYES:
Commissioners:
LaPere, O'Neal, and Matthies
NOES:
Commissioners:
ABSENT:
Commissioners:
Bames and Uhlry
ABSTAIN:
Commissioners:
ATTEST:
--
~
AGENDA ITEM NO. 3..3
, PAGEft. OF ?-8"
.--
""""
PLANNING COMMISSION
STAE'F REPORT
City of Lake Elsinore
Pill.,,;,,!. Dj"isillll
130 S. Man Street
Uke E1snott, CA 92530
(909) 674-3124
(909) 471-1419 fu
DATE:
March 2, 2004
TO:
Chairman and Members of the Planning Commission
FROM:
Robert A. Brady, Community Development Director
PREPARED BY:
Kirt A. Coury, Associate Planner
PROJECT TITLE:
Variance 2004-01 and Industrial Project No. 2003-06 - D & D Cattle
Industrial Complex, Assessor Parcel Number 377-151-061.
APPLICANT:
Tom Gabric, Tom Gabric Associates, 903 S. Ramona, Corona CA
91719.
""""
OWNER:
Harold Davis, D&D Cattle, LLC., 18501 Collier Avenue, Lake
Elsinore CA 92530
PROJECT REQUEST
A Design Review request for the construction of six industrial buildings ranging in size from 4,232
square feet to 6,316 square feet pursuant to Chapter 17.54, Commercial Manufacturing District, and
Chapter 17.82, Design Review, and a Variance consideration for the reduction of the required building,
landscaping and parking setback from 20 feet to 13 feet pursuant to Chapter 17.76, Variances, of the
Lake Elsinore Municipal Code (LEMC).
PROJECT LOCATION
The 1.82 acre project site is located on Collier Avenue between Central Avenue and Chaney Street
(APN 377-151-061). Access to the project site is taken from Minthom Street then northeast onto the
extension of Birch Street. Access is restricted on Collier Avenue due to a steep elevation change.
ENVIRONMENTAL SETTING
Pro' ect Site
North
South
East
West
Vacant
Vacant
Vacant
Two Industrial Buildin s
Vacant
Business Park
Business Park
Business Park
Business Park
Business Park
~
AGENDA I-TEM NO._ 33
". PAGE a OF ::2K
PLANNING COMMISSION STAFF REPORT
March 2, 2004
PAGE 2of4
PROJECT TITLE: VARIANCE 2004-01 AND A DESIGN REVIEW FOR
INDUSTRIAL PROJECT NO. I 2003-06 - D & D CATTLE
INDUSTRIAL COMLEX - APN 377-151-061
~
PROJECT DESCRIPTION
DESIGN REVIEW NO. I 2003-06
Site Plan
The applicant is proposing to construct six pre-cast concrete (tilt-up) buildings ranging in size from
4,232 square feet to 6,316 square feet, for a total building area of 30,045 square feet. The land area is
79,302 square feet or 1.82 acres. The buildings will occupy 37% of the total site area which complies
with the City of Lake Elsinore's General Plan that allows a maximum of 40% floor area ratio (FAR) or
building coverage per parcel.
Variance
Originally staff required the applicant apply for a Variance from the Lake Elsinore Municipal Code
(LEMC), Variance No. 2004-01, for a reduction of the building, parking and landscaping setback per
Section 17.54.070.A and Section 17.54.090.A. The initial site plan identified a 25 foot setback that
included a five foot sidewalk and 20 feet of landscaped area. Staff originally noted that 12 feet of
dedication would be required along the frontage of Collier Avenue to accommodate an ultimate
right-of-way width to 100 feet, reducing the original setback from 25 feet to 13 feet.
While staff was researching the above concerns, it was found that City Council modified the right-
of-way requir~ments of Collier Avenue. The City Council report dated October 11, 1988 states that, '-"
"As a direct result of the City Council/Redevelopment Agency approval of the Larmor project,
Collier Avenue was given a modified arterial standard of 86 foot right-of-way." Therefore, staffs
original request for dedication of an additional twelve feet (12') for future right-of-way was reduced
to a request of five feet (5') of dedication. This reduction allowed the applicant to meet the
minimum setback requirements, thus, eliminating the need for the previously requested variance
application.
Landscaping
The applicant is proposing to provide landscaping on 17.81 % of the project site. This exceeds the
minimum landscaping coverage requirement of eight percent (8%) per Section 17.54.090.C of the
LEMC. A minimum of five percent of the landscaping will be located within the parking and
driveway areas per Section 17.66.1 OO.D of the LEMC.
Architectural Design
The applicant is proposing to construct six pre-cast concrete (tilt-up) buildings ranging in size from
4,232 square feet to 6,316 square feet, for a total building area of 30,045 square feet. Each building
will have a standard entrance door, and a twelve foot (12') roll-up door. A standard sized loading
space (Type A - 12' x 20) designated for loading purposes only will be provided for each unit.
The applicant is proposing to construct six rectangular shaped buildings, typical of the neighboring
industrial complexes. Each unit's entrance has a three-foot (3') projected pop-out tower element.
Some pop-out features are shared by two buildings. The same pop-out tower feature is identified on
'-'"
AGENDA ITEM NO. :3 3 .
PAGE~OF ~ ~
PLANNING COMMISSION STAFF REPORT
March 2, 2004
r""' PAGE 3 of 4
PROJECT TITLE: VARIANCE 2004-01 AND A DESIGN REVIEW FOR
INDUSTRIAL PROJECT NO. I 2003-06 - D & D CATTLE
INDUSTRIAL COMLEX - APN 377-151-061
all sides of the proposed building elevations (with the exception of two buildings that immediately
abut one another) to add architectural interest.
The roof line of the pop-out tower element is two feet higher than the main building roof line, and
is capped with a cornice treatment, providing more articulation to an otherwise straight or flat roof
line. A portion of the pop-out tower feature will be sandblasted concrete providing a secondary
building material and texture. In addition, 2' x 2' glazed tile insets are proposed along the top
portion of the identified pop-out tower features, just below the cornice cap.
Colors and Materials
Finish materials for the building exteriors include sandblast and building color treatments to create
horizontal and vertical visual interest. The proposed windows will be treated with blue glazes glass.
The proposed building height is identified as 28 feet, which would be compatible to adjacent
industrial buildings.
/""'"'.
Building Location
Lower
Middle Main
Middle Tower
Upper Main
Upper Entry Tower
Accent Band
Tile Insets
Cornice
Material
Concrete Panels
Concrete Panels
Concrete Panels
Concrete Panels
Concrete Panels
Concrete Panels
Tile
Concrete Panels
Color
Sherwin Williams #SWll18 (Fringed Jacket)
Sherwin Williams #SWll09 (Aria Ivory)
Sherwin Williams #SWll06 (Whole Grain)
Sherwin Williams #SWll 09 (Aria Ivory)
Sherwin Williams #SWll06 (Whole Grain)
Sherwin Williams #SWll18 (Fringed Jacket)
2' x 2' Tile Inset (Rustic)
Sherwin Williams #SW1040 (Windsor Gray)
Parking
The Following table shows parking requirements per Section 17.66.030.C of the LEMC:
,..... ,
Bldg. 1: Office Area
Manufacturin . Area
Bldg. 2: Office Area
Manufacturin Area
Bldg. 3: Office Area
Manufacturin Area
Bldg 4: Office Area
Manufacturin Area
Bldg. 5: Office Area
Manufacturin Area
Bldg. 6: Office Area
Manufacturin Area
2,000 s.f.
4,316 s.f.
1,000 s.f.
3,625 s.f.
1,000 s.f.
3,625 s.f.
1,000 s.f.
5,015 s.f.
1,000 s.f.
3,232 s.f.
1,000 s.f.
3,232 s.f.
1:250
1:500
1:250
1:500
1:250
1:500
1:250
1:500
1:250
1:500
1:250
1:500
Total Parkin
8
9
4
8
4
8
4
10
4
7
4
7
77
AQENOA ITEM NO. :53
". PAGEll OF ~~'
PLANNING COMMISSION STAFF REPORT
March 2, 2004
PAGE 4 of4
PROJECT TITLE: VARIANCE 2004-01 AND A DESIGN REVIEW FOR
INDUSTRIAL PROJECT NO. I 2003-06 - D & D CATTLE
INDUSTRIAL COMLEX - APN 377-151-061
""'-"
The applicant is providing a total of 77 parking spaces including 20 compact spaces and 6 handicap
spaces, complying with the ADA requirements and the LEMC Parking Requirements.
ANALYSIS
Staff understands that the generation of employment opportunities is a high priority of the City, and
that this industrial complex has the potential of creating the need for additional employment. The
proposed industrial complex has been found in conformance with all applicable development
standards of the C-M Zoning District. In addition, the project has been designed with enhanced
architectural characteristics such as raised parapets, varying color treatments and materials, and wall
breaks to create interesting building elevations. Staff feels that the proposed project will compliment
the existing development in the surrounding area.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act, (CEQA), this project has been deemed
exempt pursuant to Section 15332.b. Section 15332.b of the CEQA exempts In-Fill Development
Projects.
RECOMMENDATION
It is recommended that the Planning Commission dismiss Variance 2004-01 and adopt Resolution ""'-"
No. 2004-_ recommending to the City Council approval of Design Review for Industrial Project
No. 2003-06. This recommendation is based on the following Findings, Exhibits, and attached
Conditions of Approval.
FINDINGS - DESIGN REVIEW
1. The project, as approved, will comply with the goals and objectives of the General Plan and the
Zoning District in which the project is located.
The proposed Industrial Design Review located at APN: 377-151-061complies with the goals and objectives rifthe
General Plan, in that the approval rif this industrial complex will assist in achieving the development rif a well-
balanced and jUnctional mix if residential, commercial, industrial, open space, recreational and institutional land uses
as well as encouraging industrial land uses to diversify Lake Elsinore's economic base.
2. The project complies with the design directives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
The proposed Industrial Design Review located at APN: 377-151-06 is appropriate to the site and surrounding
developments in that the proposed industrial complex has been designed in consideration rif the size and shape rif the
propertY, therery creating interest and varying vistas as a person moves along the street. Further the prqject as proposed
will complement the quality if existing development and will create a visuallY pleasing, non-detractive relationship
'-"
AGENDA ITEM NO. :5.3
PAGEK OF 2~
PLANNING COMMISSION STAFF REPORT
March 2, 2004
,-.. PAGE 5 of 4
PROJECT TITLE: VARIANCE 2004-01 AND A DESIGN REVIEW FOR
INDUSTRIAL PROJECT NO. I 2003-06 - D & D CATTLE
INDUSTRIAL COMLEX - APN 377-151-061
between the proposed and existingprqjects in that the architectural design, color and material and site designs proposed
evidence a concern for quality or originality.
3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result
in any significant adverse environmental impacts.
Pursuant to the California Environmental Quality Act (CEQA), the proposed The proposed Industrial Design
Review located at APN: 377-151-061, as reviewed and conditioned b all applicable City Divisions and
Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19
(Categorical Exemptions) and Section 15332 (In-Fill Development Projects).
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including
guarantees and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in accordance with the
objectives of Chapter 17.82.
,-..
Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code
(LEMC), the proposed Industrial Design Review located at 377-151-061 has been scheduledfor consideration
and approval b the Planning Commission.
Prepared by:
Kirt A. Coury, Associate Planner
Reviewed by:
o G. Villa, Planning and Code Enforcement Manager
Approved by:
EXHIBITS
Exhibit 'A'
Exhibit 'B'
Exhibit 'C'
Exhibit 'D'
Exhibit 'E'
Exhibit 'F'
Reduction of Site Plan
Reduction of Building Elevations and Floor Plans
Full Size Exhibits
Colored Site Plan (presented at hearing)
Colored Elevations (presented at hearing)
Color and Materials Board (presented at hearing)
r
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AAQENDA ITEM NO. '3 3
-" PAGE~OF ~ i
,,- CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: RICHARD J. WATENPAUGH, CITY MANAGER
DATE: APRIL 13,2004
SUBJECT: NUISANCE ABATEMENT HEARING BOARD
BACKGROUND
Section 8.18, Nuisance Abatement, of the Lake Elsinore Municipal Code was established
by the City Council to protect its citizens and their property from conditions which are
offensive or annoying to the senses, detrimental to property values and community
appearance, or injurious to health, safety or welfare of the general public in such ways to
be a nuisance (Section 8.18.01O(A) Purpose). Councilman Magee had requested that this
item be placed on the City Council agenda for discussion regarding a vacant position on
the Nuisance Abatement hearing board.
,,-
DISSCUSSION
Section 8.18.060, Initiation of proceedings, of the code requires the City Manager to
direct that a public hearing be conducted when a Code Enforcement Officer has
determined that any premise in the City is maintained in a manner as to constitute a
public nuisance. This same section of the code also states that the City Manager shall
appoint two hearing officers to be selected from members of the Planning Commission or
any other persons deemed appropriate to conduct the hearing. Previously two members
had been appointed to serve as the hearing officers. One of the members had resigned
and substitute hearing officers have served as necessary.
,,-
The Nuisance Abatement hearings are held on the first Wednesday of the month at 9:00
a.m. as needed. Staff had previously discussed with the Planning Commission the
feasibility of having the entire Planning Commission serve as the hearing board rather
than just two officers. Although it would mean more work for the Planning Commission,
the Commission supported the idea and thought it would be more effective than the
current process. This would serve several purposes. First, it would move the nuisance
abatement hearings to 6:00 p.m. which would be more convenient for owners of property
subject to the hearing. Many times property owners are not able to attend the morning
hearings due to work schedules. Second, the hearings could be scheduled for one
Planning Commission meeting per month. The Planning Commission meets on the first
and third Wednesday of the month and the notification process and agenda preparation
could be combined which could save staff time and costs. Third, a five member hearing
board would provide a greater presence and importance to the seriousness of the
violations than a two member committee. Lastly, the Planning Commission deals
regularly with land use issues and the design review of structures and projects. The .3 i
AQENOA ITEM NO. I '2.
. "PAGE-L OF--!...-l-
'_:....",w.
City Council Staff Report
Nuisance Abatement Board
Page 2
~
Planning Commissioners regularly review projects and are familiar with various code
regulations and violations.
Alternatively, if the City Council is desirous of appointing the members to the Nuisance
Abatement Hearing Board, Section 8.18 the Lake Elsinore Municipal Code would have to
be amended to allow the City Council to appoint the hearing officers.
RECOMMENDATION
Staff recommends the City Council Consider one of the following alternatives:
1. Maintain the nuisance abatement hearing regulations as they currently exist.
2. Amend Section 8.18 of the Lake Elsinore Municipal Code to designate the
Planning Commission to serve as the Hearing Board for property nuisances.
3. Amend Section 8.18 of the Lake Elsinore Municipal Code to allow the City to
appoint members to the Property Nuisance Hearing Board.
PREPARED BY: Robert A. Brady, Director of Community Development
.....,
APPROVED FOR
AGENDA LISTING:
Richard J. Watenpaugh, City Manager
Attachment
.....,
AGENDA ITEM NO.2L
"PAGE d--- OF J 3
8.16.330
/"
"/-
HEALTH AND SAFETY
8.16.330 Appropriation of funds. The
City Council shall, from time ,to time, by
resolution or minute order, appropriate such
funds as are necessary to carry out the
provisions of this chapter. (Ord. 810 ~ 1,
1987)
8.16.340 Violation. Each violation of this
chapter shall be treated as a separate viola-
tion. The first violation of this chapter shall
be treated as an infraction only, subject to
citation, the penalty and bail amount being
fifty dollars. A second violation of this chap-.
ter shall be treated as an infraction only,
suuject to a citation, the penalty and bail
amount being one hundred dollars. A third
and/ or subsequent violation of this chapter
shall be treated as a misdemeanor, with a
maximum penalty of five hundred dollars
per day and/or imprisonment for a period
of up to one year. (Ord. 810 S 1, 1987)
r--
,-...
Sections:
8.18.010
8.18.020
8.18.030
8.18.040
8.18.050
8.18.060
8.18.070
8.18.080
8.18.090
8.18.100
8.18.110
8.18.120
8.18.130
8.18.140
8.18.150
8.18.160
8.18.170
8.18.180
8.18.190
Chapter 8.18
NillSANCE ABATEMENT
Chapter purpose.
Declaration of nuisance.
Unlawful property nuisances.
"Abandoned" defined.
"Owner" defined.
Initiation of proceedings.
Notice of hearing.
Form of notice.
Hearing.
Appeal.
Abatement of nuisance by City.
Cost accounting: Notification.
Assessment lien.
Alternative actions available.
Owner's responsibility.
Abandoned and stored vehicles.
Violations.
Authority to arrest.
Citation procedure.
8.18.010
8.18.010 Chapter purpose.
A. In order to further the stated goals of
the City of Lake Elsinore and to protect its
citizens and their property from conditions
which are offensive or annoying to the
senses detrimental to property values and
community appearance, or injurious to the
health, safety or welfare of the general
public in such ways as to be a nuisance, the
City Council has determined that an ordi-
nance is necessary to effectively abate or
prevent the development of <;uch conditions
in this comm unity.
B. It is the intention of the City Council,
in adopting the ordinance codified herein,
to set forth guidelines for determining what
conditions constitute a nuisance; to es-
tablish a method for giving notice of the
conditions and an opportunity to correct
them; and finally, in the event the nuisance
is not corrected, to provide a procedure for
a hearing and determination of the facts
and manner in which the conditions shall
be corrected or removed.
C. It is the purpose of the provisions of
this chapter to provide ajust, equitable and
practical method, to be cumulative with
and in addition to any other remedy avail-
able at law, whereby lands or buildings,
structures, and fences which are erected in
violation of zoning or other Municipal Code
requirements, or are dilapidated, unsafe,
dangerous, unsanitary, cluttered with
weeds, debris, or abandoned machinery or
equipment, or are a menace to life, limb,
health, morals, property, safety and the
general welfare of the people of this City or
which tend to constitute a fire hazard or a
nuisance may be required to be repaired,
vacated, demolished, made safe, or cleaned
up by removal of the offensive conditions.
D. In addition to the abatement pro-
cedures provided herein, this chapter de-
clares certain conditions to be public nui-
sances and provides that such conditions
813
A'iENDA ITEM NO. 3 tf
'- " Rev.1:'id. SliP.!). 4'h\}
"PAGE CJ OF~
8.18.020
LAKE ELSINORE CODE
8.18.020
are unlawful and that violations are punish-
able pursuant to Chapter 1.16 of the Munici-
pal Code.
COrd. 844 ~ 2, 1989).
8.18.020 Declaration of nuisance.
A. Each of the following conditions is
hereby declared to constitute a public nui-
sance, and whenever the Hearing Officer or
Planning Commission determines that any
of such conditions exist upon any premises
they may require or provide for the abate-
ment thereof pursuant to this chapter and
make the costs of abatpment a lien upon the
property:
1. Any pubEc nuisance known in law
or in equity jurisprudence;
2. Buildings which are abandoned,
partially destroyed, or unsafe as defined in
the adopted Uniform Building Code, or left
in an unreasonable state of partial con-
struction. An unreasonable state of partial
construction is defined as any unfinished
building or structure in the course of con-
struction which has not requested or had
conducted an inspection under a valid build-
ing permit within the prior six months, and
where the appearance and other conditions
of the unfinished building or structure sub-
stantially detracts from the appearance of
the immediate neighborhood or reduces the
property values in the immediate neighbor-
hood.
3. Unpainted buildings and those hav-
ing dry rot, warping or termite infestation.
Buildings on which the condition ot the
paint has become so deteriorated as to per-
mit decay, excessive checking, cracking,
peeling, chalking, dry rot, warping or ter-
mite infestation so as to render the buildings
unsightly and in a state of disrepair.
4. Buildings, structures or fences
erected and/or maintained in violation of
the City of Lake Elsinore's Zoning Regu-
lations as set forth in Title 17 ofthis Code or
Building Regulations as set forth in Title 15
of this Code.
5. Broken windows constituting hazard-
ous conditions and inviting trespassers and
malicious mischief.
6. Building exteriors, walls, fences,
driveways, sidewalks, and walkways which
are maintained in such condition as to be-
come so defective, unsightly, or in such
condition of deterioration or disrepair that
the same causes depreciation of the values
of surrounding property or is materially
detrimental to nearby properties and im-
provements.
7. The accumulation of dirt, litter or
debris in vestibules, doorways, or the adjoin-
ing sidewalks of a building.
8. Lumber, junk, trash, salvage ma-
terials, rubble, broken asphalt, concrete,
water containers, scrap metal or other
debris stored on a property such that they
are visible from a public street, alley or
adjoining property.
9. Attractive nuisances dangerous to
children, including abandoned, broken, or
neglected equipment and machinery; hazard-
ous pools, ponds, and excavations; aban-
doned wells, shafts or basements; aban-
doned refrigerators or motor vehicles; any
structurally unsound fence or structure; or
any other lumber, trash, garbage, rubbish,
refuse, fence, debris, or vegetation which
may prove a hazard for inquisitive minors.
10. Abandoned, discarded or unused
furniture, stoves, sinks, toilets, cabinets, or
other household appliances or fixtures or
equipment stored so as to be visible at
ground level from a public street or alley or
from adjoining property.
11. Construction equipment, supplies,
materials, or machinery of any type or de-
. scription parked or stored in any zone other
than the M-l "Manufacturing" District, ex-
cept while excavation, construction or demo-
lition operations covered by an active build-
,...."
'-'
'-'"
814
AENOA ITEM NO. 3 <1
~. ~~~!bF-L3-
8.18.020
HEALTH AND SAFETY
8.18.020
.r'
,;--.
~
ing permit are in progress on the subject
property or an adjoining property.
12." Maintenance of signs relating to
uses no longer conducted or products no
longer sold on the property.
13. Maintenance of property so out of
harmony or conformity with the main-
tenance standards of adjacent properties
as to cause substantial diminution of the
enjoyment, use or property values of such
adjacent properties.
14. Vehicles parked in required front
setbacks in a residential zone except when
such vehicles are operative, have current
licensing and are parked on a paved drive
approach to a required garagt or other
permitted driveway.
15. Property maintained in relation to
others so as to establish a prevalence of
depreciated values, impaired investments,
and social and economic maladjustments to
such an extent that the capacity to pay
taxes is reduced and tax receipts from such
particular areas are inadequate for the cost
of public services rendered therein.
16. Maintenance of property in such
condition as to be detrimental to the public
health, safety, or general welfare or in such
manner as to constitute a public nuisance
as defined in California Civil Code Section
3480, including, but not limited to, anything
dangerous to human life or detrimental to
human health, or any habitation that is
overcrowded with occupants or that lacks
adequate ventilation, sanitation or plumb-
ing facilities, or that constitutes a fire
hazard.
17. Dead, decayed, diseased, over-
grown or hazardous trees, weeds and vege-
tation, cultivated or uncultivated, which is
likely to harbor rats or vermin, or constitute
an unsightly appearance, or is detrimental
to neighboring properties or property
values.
"....
18. Clotheslines in front yard areas
and in side yard areas of corner lots unless
screened from view by a solid fence.
19. Any wall, fence, or hedge main-
tained in such condition of deterioration or
disrepair as to constitute a hazard to per-
sons or property or to cause depreCiation in
the value of any adjacent or neighboring
property.
20. Any property with pooled oil accumu-
lation, oil or other hazardous material flow-
ing onto public rights-of-way, or excessive
accumulations of grease, oil or other hazard-
ous material on paved or unpaved surfaces,
buildings, walls or fences, or on any public
street or property.
21. Any landscaped setback areas
which lack appropriate turf or plant ma-
terial so as to cause excessive dust, allow
the accumulation of debris, or to cause
depreciated values of adjacent or neighbor-
hood properties.
22. Any condition of vegetation over-
growth which encroaches into, over or upon
any public right-of-'."lay including, but not
limited to, streets, alleys, or sidewalks, so as
to constitute either a danger to the public
safety or property or an impediment to
public travel.
23. The outside storage of camper
shells in any required front yard other than
on an operable and licensed pick-up truck
parked in a lawful manner.
24. The outside storage of boats, cata-
marans, dinghys, vessels, or other water-
craft in any required front in other than a
p'l.rking space which conforms to City Stan-
dards or in a side or rear yard not screened
from view by a six foot high solid fence on a
validly licensed trailer parked in a lawful
manner.
25. A swimming pool, pond or other
body of water which is unfiltered, or not
otherwise maintained, resulting in the water
815
AIiENDA ITEM NO. ~
, PA~v.~.;;K
8.18.060
8.18.030
LAKE ELSINORE CODE
/"',.:
becoming polluted. Polluted water means
water which contains bacterial growth,
algae, remains of insects, remains of de-
ceased animal life, rubbish, refuse, dirt,
debris, papers, chemicals or other matter or
material which, because of the magnitude,
nature or location, constitutes an unhealthy
or unsafe condition.
26. Camper shells, boats, watercraft
or trailers, abandoned or inoperable vehi-
cles stored in a side or rear yard not
screened from view by a six foot high solid
fence.
COrd. 844 f3 2, 1988.)
8.18.030 Unlawful property nuisances.
It shall be unlawful for any person owning,
leasing, occupying or having charge or
possession of any property in the City to
maintain such property in such manner
that any of the conditions set forth in Sec-
tion 8.56.020 shall exist. The procedures for
abatement set. forth in this chapter shall
not be exclusive means by which such con-
ditions may be abated and shall not in any
manner limit or restrict the City from en-
forcing other City ordinances or provisions
of the Municipal Code or from abating public
nuisances in any other manner provided by
law. COrd. 844 f3 2, 1988).
8.18.040 "Abandoned" defined. For pur-
poses of this chapter the term "abandoned"
shall, in addition to such other definitions
that may be provided by law, mean and
refer to any item which has ceased to be
used for its designed and intended purpose.
The following factors, among others, will be
considered in determining whether or not
an item has been abandoned:
A. Present operability and functional
utility;
B. The date of last effective use;
C. The condition of disrepair or damage;
D. The last time an effort was made to
repair or rehabilitate the item;
E. The status of registration or licens-
ing of the item;
F. The age of the item and degree of
obsolescence;
G. The cost of rehabilitation or repair
of the item versus its market value.
H. The nature of the area and location
of the item.
(Ord. 844 ~ 1, 1988)
...."
8.18.050 "Owner" defined. The terms
"owner" and "property owner," as used in
this chapter, and unless otherwise re-
quired by the context, shall be deemed to
include any person owning, leasing, occu-
pying, or having charge or possession of
any property in the City. (Ord. 844 ~ 2,
1988)
8.18.060 Initiation of proceedings. Upon
determination by the Code Enforcement
Officer that any premises within the City
are maintained in such a manner as to
constitute a public nuisance, the City
Manager shall direct that a hearing be
conducted to ascertain whether the same
constitutes a public nuisance. The notice of
hearing shall be served as provided in this
chapter and shall describe the premises
involved by street address, legal descrip-
tion of assessor's parcel number, shall
give a brief description of the conditions
constituting the nuisance, and a brief
statement of the proposed methods of
abatement. The City Manager shall ap-
point two hearing officers to be selected
from members of the Planning Commis-
sion or any other persons deemed appro-
priate. The notice shall advise the owner
what corrections need to be done to avoid a
public hearing, may suggest methods for
correction, and shall provide a reasonable
...."
816
....."
AGENDA ITEM NO. ~
~ R;~~d. ftjP. ~;J3-
8.18.070
HEALTH AND SAFETY
8.18.090
'r'
period to make those corrections. (Ord. 994
* 1, 1995; Ord. 844 ~ 2, 1988).
/""'"
8.18.070 Notice of hearing. The City
Clerk shall cause the notice of the hearing
to be served upon the owner of the affected
premises by providing a certified copy of
the notice of the time, date and place of the
hearing and of the appointment of the
hearing officer.
Such service shall be made by registered
or certified mail, addressed to the owner at
the owner's last known address as shown
upon City records or the last equalized
taxroll, whichever appears to be the more
reliable address. The City Clerk may also
cause the property to be conspicuously
posted with the notice, and such posting
shall constitute adequate service in the
event that mailed notice is not delivered for
any reason.
The notice shall be mailed or posted so as
to give at least ten day's notice of the
hearing.
(Ord. 844 ~ 2, 1988)
8.18.080 Form of notice. The notice given
shall be provided in substantially the fol-
lowing format:
NOTICE OF HEARING ON
ABATEMENT OF NUISANCE
A hearing will be held at
on at City Hall, 130
South Main Street, Lake Elsinore, before
the,
acting as hearing officer, to determine if
the premises at
constitutes a public nuisance.
The conditions constituting the public
nuisance include the following:
/""'"
816.1
A public hearing may be avoided if the
following corrections are made at least two
days before the date set for the hearing:
If it is determined that the property
constitutes a public nuisance, the
following abatement action may be taken
by the City if the owner has not taken
corrective action:
If abatement action is taken by the City
the costs of the abatemem will be assessed
against the property and will attach as a
lien until paid. All persons having an
interest in this matter may attend the
hearing and give testimony and evidence
which will be given due consideration.
(Ord. 844 ~ 2,1988)
8.18.090 Hearing. At the time stated in
the notice, the hearing officer shall hear
and consider all relevant evidence relating
to the condition of the property. The
hearing may be continued from time to
time.
Upon the conclusion of the hearing, the
hearing officer shall determine whether
the premises constitutes a public nui-
sance. If the hearing officer determines
that a public nuisance exists, the hearing
officer shall declare such premises to be a
public nuisance and order the abatement
of the same by the property owner within a
specified time. Such declaration shall
contain a detailed list of needed corrections
or abatement methods.
The costs associated with noticing and
holding the hearing shall be an
"incidental expense" pursuant to Section
8.18.120 if the hearing officer determines
that a public nuisance exists, regardless of
AQENDA ITEM NO. 3lj
" PA6Ev~QJP~
8.18.120
8.18.100
LAKE ELSINORE CODE
C..'"''''
(:: h....
',:-. :;.
whether the owner or the City actually
abates the nuisance. COrd. 1025, 1997; Ord.
844 * 2, 1988)
8.18.100 Appeal. Any person entitled to
notice of the hearing who has participated
in that hearing and who is dissatisfied by
the determinations of the hearing officer,
may appeal those determinations to the
City Council by filing an appeal with the
City Clerk within ten days of the date of
being first apprised of those determina-
tions and by paying the appeal fee set by
resolution. The City Council shall set a
hearing date within a reasonable time fol-
lowing the filing of the appeal and shall
hold the hearing at a regularly scheduled
Council Meeting. The appeal shall specify:
A. A description of the property.
B. The abatement proceedings ap-
pealed.
C. The owner's legal or equitable in-
terest in the property.
D. A statement of disputed and undis-
puted facts.
E. A statement specifying that portion
of the proceedings that are being appealed,
together with any evidentiary or sup-
porting materials that would support the
appeal.
F. A verification of the truth of all
matters asserted. The City Council may
limit the issues on appeal, may consider
the record produced for the hearing of-
ficer, and may allow additional evidence to
be produced. Notice shall be provided to the
appellant utilizing substantially the same
procedure as required for the hearing
before the hearing officer. In said notice
the appellant will be apprised of the scope
of the appeal. The decision of the City
Council shall be the final and binding
action and the property owner shall be so
notified of its determinations.
(Ord. 994 ~ 1, 1995; Ord. 844 * 2,1988)
8.18.110 Abatement of nuisance by City.
If the nuisance is not completely abated by
the date specified in the hearing officer's
declaration, or in the City Council's deter-
mination, as appropriate, the City Man-
ager may immediately cause the same to
be abated by City personnel or under
private contract in accordance with the
law. The hearing officer or City Council
are also authorized to grant reasonable
extensions on the time period for abate-
ment based on a proper showing by the
property owner of extenuating circum-
stances made before the date of City
abatement. The owner of the premises
shall be liable to the City for all costs of
such abatement, including administrative
costs. (Orcl. 994 ~ 1, 1995; Ord. 844 ~ 2, 1988)
......"
8.18.120 Cost accounting: Notification.
City personnel, or any private contractor
authorized to abate the nuisance, shall
keep an account of the cost, including inci-
dental expenses, of abating the nuisances
on each separate lot or parcel of land
where the work is done and shall render
an itemized report in writing to the City
Council by showing the cost of abatement
by rehabilitation, demolition, or repair of
the property, buildings, or structure,
including any salvage value relating
thereto. A copy of the report shall be posted
at City Hall or other official location for
posting City notices for at least five days
before it is considered by the City Council.
Proof of posting shall be made by affidavit
of the City Clerk or Deputy City Clerk. The
term "incidental expenses" shall include,
but not be limited to, the actual expenses
and costs of the City in the preparation of
notices, specifications and contracts, and
in inspecting the work and the costs of
printing and mailing required hereunder.
COrd. 844 S 2, 1988)
~
~
816.2
AQENoA ITEM ~ :3 4
. ~Glfd. S . (!j~~
8.18.130
HEALTH AND SAFETY
:/'"'"
8.18.130 Assessment lien. The total cost
for abating the nuisance, as confirmed by
the City Council, shall constitute a special
assessment against the lot or parcel of
land to which it relates and, upon recor-
dation in the office of the County Recorder
of a Notice of Lien, shall constitute a lien
on the property for the amount of the
assessment.
After confirmation and recordation, a
copy of the Notice of Lien may be turned
/'"'"
/'"'"
816.2a
8.18.130
AGENDA ITEM NO. 3L/
" PA~~~~
8.18.140
HEALTH AND SAFETY
8.18.160
r-.
over to the tax collector to be added to the
amounts of the assessments of the next
regular tax bills levied against the respective
lots and parcels of land. Thereafter the
assessment amounts shall be collected at
thE: same time and in the same manner as
ordinary property taxes are collected and
shall be subject to the same penalties and
the same procedure for foreclosure and sale
in case of delinquency as provided for ordi-
nary property taxes. After recordation, the
lien may be foreclosed by judicial or other
sale in the manner and means provided by
law. The Notice of Lien for recordation shall
be in a form substantially as follows:
NOTICE OF LIEN
Claim of the City of Lake Elsinore
"Pursuant to the authority vested by the
provisions of Chapter 8.18.050 of the Lake
Elsinore Municipal Code, the City of Lake
Elsinore did on or about the
day of , 19--,
cause ~he property hereinafter described to
be rehabilitated or the building, structure
or fence on the property to be repaired or
demolished in order to abate a public
nuisance on the real property. The City
Council of the City of Lake Elsinore did on
the _ day of
19--, assess the cost of such abatement
upon the property and the same has not
been paid nor any part thereof. The City of
Lake Elsinore does hereby claim a lien for
such rehabilitation, repair, or demolition in
the amount of the assessment, to wit the
sum of $ ,the same shall
be a lien upon the real property until paid
in full and discharged of record.
The real property hereinabove mentioned,
and upon which a lien is claimed, is that
certain parcel of land lying and being in the
City of Lake Elsinore, County of Riverside,
State of California, particularly described
as follows:
(Legal Description)
Dated this
19
day of
~
City Manager, City of Lake ElsirlOre"
COrd. 844 ~ 2, 1988).
8.18.140 Alternative actions available.
Nothing in this chapter shall be deemed to
prevent the City from commencing a civil or
criminal proceeding to abate a public nui-
sance or from pursuing any other means
available to it under provisions of applicable
ordinances or State law to correct hazards
or deficiencies in real property in addition
to or as alternatives to the proceedings
herein set forth. COrd. 844 ~ 2, 1988).
8.18.150 Owner's responsibility. The
owner of any premises within the City has
the primary responsibility of keeping his
premises free of public nuisances. Tenants
and occupants of the premises, for th(
purposes of this chapter, shall be deemed to~
be the agents of the owner. COrd. 844 ~ 2,
1988).
8.18.160 Abandoned and stored vehicles.
The following procedures are adopted from
the California Vehicle Code, Section 22660
et seq. and are established as the pro-
cedures for the abatement and removal as
public nuisances of abandoned, wrecked,
dismantled or inoperative vehicles or parts
thereof from private property or public prop-
erty not including highways and for the
recovery or assumption by the City, of costs
of administration and removal thereof. The
following procedures are to be used com-
patibly and in conjunction with the fore-
going sections of this chapter, but shall take
precedence wherevel' a conflict occurs.
A. In addition to the notice pnlvided in
Section 8.18.060, at least ten days notice
shall also be sent to the last registered anc'
legal owner of record, by registered or certi-~
816.3 AGENDA ITEM NO...lL
, PAGE~t0d.6F~
8.18.170
LAKE ELSINORE CODE
:("'~"i
~
fied mail, unless the vehicle is in such con-
dition that identification numbers are not
available to determine ownership.
B. The notice of determination and
declaration set forth in Sections 8.18.070
and 8.18.080 shall include a description of
the vehicle, the correct identification num-
ber and license number of the vehicle
insofar as they are available. The notice of
determination and ruling shall be served on
both the owner of the premises and the
registered and legal owners of the vehicle, if
known, as provided above.
C. The owner of the land on which the
vehicle is located may appear in person at
the hearing or present a written statement
in time for consideration at the hearing,
and deny responsibility for the presence of
the vehicle on the land along with his
reasons for such denial. If it is determined
at the hearing that the vehicle was placed
~ on the land without the consent of the land
owner and that 'he has not subsequently
acquiesced in its presence, then the City
shall not assess costs of administration or
removal of the vehicle against the property
upon which the vehicle is located or other-
wise attempt to collect such costs from the
owner.
Vehicles or parts thereof may be disposed
of by removal to a scrap yard, automobile
dismantler's year or any suitable site oper-
ated by the City for processing scrap or by
any other final disposition consistent with
these provisions.
Any person authorized by the City to
administer this chapter may enter upon
private property for the purposes specified
in the chapter to examine vehicles or parts
thereof, obtain information as to the identi-
ty of the vehicle and to remove or cause the
removal of any vehicle or part thereof de-
clared to be a nuisance pursuant to this
chapter.
~.
A certified copy of the order of disposition
of the vehicle or parts thereof shall be given
8.18.170
~..
to and retained by any person or com-
mercial organization making a final dis-
position of the vehicle or parts thereof and
said order shall be retained by them in their
business records.
D. After a vehicle has been removed as a
public nuisance, it shall be destroyed and
under no circumstances shall the vehicle be
reconstructed or made operable.
E. This chapter shall not apply to a
vehicle or other personal property men-
tioned herein which is completely enclosed
within a building in a lawful manner where
it is not visible from the street or other
public or priv~te property, or a vehicle or
other personal property which is stored or
parked in a lawful manner on private proper-
ty in connection with the business of a
licensed dismantler, licensed vehicle dealer
or ajunk yard; provided, however, that this
exception shall not authorize the main-
tenance of a public or private nuisance as
defined under the provisions of this chapter
or any other law.
F. This chapter shall be administered by
regularly salaried, full-time employees of
the city except that actual abatemen t of the
nuisance and removal of any and all items
constituting a nuisance hereunder may be
by any other duly authorized person.
G. Within five days after removal of any
motor vehicle under this chapter, notice
shall be given to the Department of Motor
Vehicles of the date of removal, disposition
thereof and identity of the vehicle or parts.
In addition, all evidence of registration avail-
able including registration certificate, li-
cense plates and certificates of title shall be
forwarded to the department of motor vehi-
cles as soon as possible.
COrd. 844 ~ 2, 1988)
8.18.170 Violations. The owner or other
person having charge or control of any
huildings or property who maintains any
816.4
AGENDA ITEM NO.~
R(,VPAGI!'~8()F 13
8.18.180
HEALTH AND SAFETY
8.18.190
/""'"'.
.( -\
t
\ '
public nuisance defined in this chapter is
guilty of a misdemeanor.
Any unauthorized person who removes
any notice or order posted a,> required in
this chapter is guilty of a misdemeanor.
No person shall obstruct, iJllpede or inter-
fere with any representative of the City of
with any person who owns or holds any
estate or interest in the property which has
been ordered to be vacated, repaired, re-
habilitated, or demolished and removed
whenever any such representative of the
City or person having any estate or interest
in such property is engaged in vacating,
repairing, rehabilitating or demolishing and
removing any such property pursuant to
the provisions of this chapter or in perform-
ing any necessary act preliminary to or
incidental to such work as authorized or
directed pursuant hereto.
Any person violating or failing to comply
with any of the provisions of this chapter
shall be guilty of a misdemeanor and shall
be punished by a fine of not to exceed one
thousand dollars, or by imprisonment not
to exceed six months, or by both such fine
and imprisonment. A criminal prosecution
maybe initiated without a nuisance hearing,
as provided in this chapter, or upon a
violation of any order resulting from such a
hearing. Each such person shall be guilty of
a separate offense for each and every day
during any portion of which any violation of
the provisions of this chapter is committed.
COrd. 844 ~ 2, 1988).
8.18.180 Authority to arrest. The follow-
ing designated officers and employees shall
have the power to arrest persons for the
misdemeanor violations of this chapter when-
ever the officer or employee has reasonable
cause to believe that the person has com-
mitted the offense in his presence:
A. The Director of Community Develop-
ment;
B. The Zoning Enforcement Officer'
,
C. Code Enforcement Officers.
(OreL 844 13 2, 1988).
"WI'
8.18.190 Citation procedure.
'A. If any person is arrested for a mis-
demeanor violation of this chapter, and
such person is not taken before a magistrate
as is more fully set forth in the California
Penal Code, the arresting officer shall pre-
pare in duplicate a written notice to appear
in court containing the name and address
of such person, the offense charged, and the
time and place where and when such person
shall appear in court.
B. The time specified in the notice to
appear shall be not less than ten days after
such arrest.
C. The place specified in the notice to
appear shall be either:
1. Before a judge of the municipal
court in the judicial district in which th(
offense is alleged to have been committed~
,
or
2. Before an . officer authorized to re-
ceive a deposit of bail.
D. The officer shall deliver one copy of
the notice to appear to the arrested person,
and the arrested person, in order to secure
release, must give his written promise so to
appear in court by signing the duplicate
notice, which shall be retained by the officer.
Thereupon, the arresting officer shall forth-
with release the arrested person from
custody.
E. The officer shall, as soon as practi-
cable, file a duplicate notice with the magis-
trate specified in such notice. The defendant
may, prior to the date upon which he
proll1isect to appear in court, deposit with
the magistrate the amount of bail set by
such magistrate. Thereafter, at the time
wl1('1l the case is called for arraignment
befo]'(> the magistrate, if the ctefendant does
noT appear, either in person or by c()uns('l~
816.5
AGENDA IT:t NO. '3 q
PAGE I (~)r~~]!8~1
8.20.010
LAKE ELSINORE CODE
8.20.020
~
the magistrate may declare the bail forfeited
and may at his discretion order that no
further proceedings shall be had in such
case. Upon the making of such order that no
further proceedings be had, sums deposited
as bail shall forthwith be paid in the county
treasury for distribution as provided by
Sect.ion 1463 of the California Penal Code.
F. A warrant shall not issue on such
charge for the arrest of a person who pur-
suant to the provisions of this chapter has
given such written promise to appear in
court unless and until he has violated such
promise, or has failed to deposit bail, to
appear for arraignment, trial or judgment,
as required by law.
G. Every person willfully violating his
written promise to appear in court is guilty
of a misdemeanor regardless of the dis-
position of the charge upon which he was
originally arrested.
~ H. When a person signs a written prom-
ise to appear at the time and place specified
in the written promise to appear and has
not posted bail as provided in subsection C
of this section, the magistrate shall issue
and have delivered for execution a warrant
for his arrest within twenty days after his
failure to appear as promised. If a person
promises to appear before an officer au-
thorized to accept bail other than a magis-
trate and fails to do so on or before the date
which he promised to appear, then within
twenty days after the delivery of such
written promise to appear by the officer to
a magistrate having jurisdiction over the
offense, such magistrate shall issue and
have delivered for execution a warrant for
his arrest. When such person violates his
promise to appear before an officer author-
ized to receive bail other than a magistrate,
the officer shall immediately deliver to the
magistrate having jurisdiction over the
~ offense charged the written promise to ap-
pear and the complaint, if any, filed by the
arresting officer.
COrd. 844 9 2, 1988).
(1",
.le " ::.
~f~, ).
Chapter 8.20
BURNING AND FIRE HAZARDS*
Sections:
8.20.010
Accumulation of inflammables
unlawful.
Burning unlawful.
Fire permit.
Incinerator use restriction.
Extinguishment.
8.20.020
8.20.030
8.20.040
8.20.050
8.20.010 Accumulation of inflammables
unlawful. It is unlawful to allow any ac-
cumulation of combustible or inflammable
material, wood, trash, waste, paper, rags or
other debris of any kind, or to allow the
growth or accumulation of weeds, dry grass,
leaves, shrubbery or other inflammable
matter in the City, which will constitute a
fire hazard. (Ord. 355 9 1, 1954)
8.20.020 Burning unlawful.
A. It is unlawful to burn or permit to be
burned on one's property any matter de-
scribed in Section 8.20.010, or any rubbish,
paper, or household accumulation of trash,
or to conduct or permit to be conducted on
one's property, a pit barbecue, unless such
burning is done pursuant to a fire permit
issued by the Chief of the Fire Department,
or his authorized agent, except as herein-
after provided.
B. Campfires will be allowed only in stoves
and fire rings on premises zoned and licensed
for recreational purposes, which stoves and
fire rings are in a location approved by the
Chief of the Fire Department, or his auth-
orized agent.
C. Small outdoor fires and barbecues used
only for cooking food for human beings on
premises zoned and lawfully used for resi-
dential purposes shall be permitted.
(Ord. 651 9 2, 1982; Ord. 355 S 2, 1954)
'For statutory provisions OJ! 111\' ;t1!;IICIlH'llt ofw('c(h
and ruhhish, see Gm". Codc!:i :l~I;)OI l'l seq.
816.6
~/D""TE;*O. 3~ .
;:,:::~r~:p. / . OF J ~
~
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
RICHARD J. WATENPAUGH, CITY MANAGER
DATE:
APRIL 13, 2004
SUBJECT:
EASEMENT AND PUBLIC PARK IMPROVEMENT AGREEMENT
BACKGROUND
As part of the 888 Development 2.7 acres of parkland and trails were dedicated to City as
conditioned through their development agreement.
With the value of the land, grading expenses and the construction costs of all sound walls and
retaining walls installed along the trails, the developer met its Quimby requirements without
constructing the park site located at the comer of Terra Cotta and Lincoln Street.
DISCUSSION
~
The Elsinore Valley Municipal Water District (EVMWD) has proposed to the City to construct a
well on the park site and is requesting the City to grant them an easement to do so.
The proposed agreement provides EVMWD 180 days following execution of the agreement for
exploratory purpose to determine the suitability of the site to support a well operation.
Should the site provide positive results following the site investigation, then EVMWD would
move forward with those conditions as outlined in Section 3 of the agreement.
The Water District would be required to make park improvements to the site based on the value of
the proposed conveyance of the property. The City would be required to pay for the balance of the
park improvements over and above the conveyance value. The FY 2005-2006 CIP Program does
reflect $100,000 allocation of park- in-lieu fees towards the completion of this project.
Inclusive of EVMWD's working drawings for the well, is the requirement to complete the
landscaping plans for the park at the expense ofEVMWD.
Should the site become inoperable in the future, the City would have the right to accept the well
improvements at no cost to the City or the District would be required to remove the improvements
and restore the property to a condition consistent with the landscaping plan.
~
This agreement was brought before the EVMWD Board of Directors on March 25th with
AGENDA ITEM NO.. 35
PA~---L=.OF , 7
unanimous approval.
FISCAL IMPACT
'-wtIfI
Potential expenditure could total $100,000 based on the Landscaping Plan and cost of
improvements.
RECOMMENDATION
It is staff's recommendation that the Mayor and City Council approve the Easement and Public Park
Improvement Agreement with the Elsinore Valley Municipal Water District and grant the attached
easement for the well structure.
PREPARED BY:
David Sapp, Director of Community Services
APPROVED BY:
APPROVED FOR
AGENDA LISTING:
Richard J. Waten
....,
....,
ACENDA ITEM NO. 3 S
. PAOi: Q-.. OF--1.:J-
/"'"
EASEMENT AND PUBLIC PARK IMPROVEMENT AGREEMENT
BETWEEN
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
AND CITY OF LAKE ELSINORE
1. PARTIES AND DATE.
This Easement and Public Park Improvement Agreement (the "Agreement"), date for
identification purposes only as of February 1, 2004, by and between ELSINORE VALLEY
MUNICIPAL WATER DISTRICT, a public agency organized and existing under the provisions
of Sections 71000 et seq. of the Water Code of the State of California ("EVMWD") and the
CITY OF LAKE ELSINORE, a municipal corporation ("City") (collectively the "Parties").
2. RECITALS.
2.1 The City is fee owner of that certain real property located in the City of Lake
Elsinore, Riverside County, California, legally described as Lots C and G of Tract 23988-2,
recorded in Book 239 pages 85-89 of Maps, Riverside County Records ("Property").
2.2 EVMWD wishes to acquire an easement to construct, maintain and operate a well
and to provide landscape over, under and across that portion of the Property, legally described as
said Lot G and the north easterly 385.00 feet of said Lot C ("Easement Property"). City wishes
/"'" to consider granting such an easement to EVMWD on the terms and conditions contained in this
Agreement. .
3. TERMS AND CONDITIONS.
3.1 Right of Entry for Exploration and Termination. Upon execution of this
Agreement, City hereby grants to EVMWD a limited right of entry over, upon, through, and
across the Property for exploration and investigation purposes only for a period of 180 days
following the Effective Date. If following the investigation the site is unsuitable for a municipal
water supply well, EVMWD shall return the site to its original condition and this agreement
becomes null and void.
3.2 Grant of Easement. Upon satisfaction of the conditions precedent set forth in
Section 3.3, City proposes to grant and convey to EVMWD, its successors and assigns, an
easement, legally described as said Lot G and the north easterly 385.00 feet of said Lot C, over,
upon, through, in, under and across the Property for the purposes of constructing, maintaining
and operating a well and any appurtenances thereto, and for the purposes of landscaping and
irrigating the area on, over, and through the Property, including, but not limited to, the right to
ingress and egress through the Property and right of way in connection with the exercise of any
of the foregoing rights over, under, along and across the Property in the form of an Easement
Deed substantially in the form of Exhibit "A" (hereinafter, the "Proposed Conveyance").
3.3 Conditions Precedent to the Proposed Conveyance. Prior to the Proposed
Conveyance, the following conditions precedent shall be satisfied:
,,-..
ACENDA ITEM NO.
.o,./,Cf': "3 O.F----Lt-
" ~ "\ "">};,, ....
_.,._--~---.-..--,.....~ '~
35"
(a)
EVMWD shall hire at its sole expense, a mutually acceptable independent
and certified appraiser, to assess the value of the Proposed Conveyance
based on the Property's highest and best use (the "Conveyance Value");
(b) EVMWD shall provide to the City a landscaping plan and detailed cost
estimate for the entire Property with an estimated cost commensurate with
the Conveyance Value (the "Landscaping Plan");
......,
(c) City shall have accepted the appraisal and approved in writing the
Conveyance Value within sixty (60) days of receiving the appraisal, such
acceptance and approval shall be made to be within the sole discretion of
the City; and
(d) City shall have accepted and approved the Landscaping Plan within sixty
(60) days of receiving the Landscaping Plan, such acceptance and
approval to be within the sole discretion of the City.
(e) Failure by either party to fulfill their responsibility may involve the
remedies of Section 4.2 herein.
3.4 Landscaping.
3.4.1 Within thirty (30) days of the completion of the well, EVMWD shall
commence and diligently pursue to completion the implementation of the Landscaping Plan at
EVMWD's sole cost and expense. In the event that the City desires additional landscaping ......,
improvements, the City shall provide funds to EVMWD to offset the cost of such improvements.
3.4.2 EVMWD shall provide well water or other suitable water for maintaining
the landscaping to the City at a cost commensurate to that paid by similarly situated ratepayers
and shall repair any and all damage to the landscape due to EVMWD's use of the Property.
3.4.3 Except as provided herein, maintenance of the landscaping following
implementation of the Landscaping Plan, shall be provided at the sole cost and expense of the
City.
3.5 No Ob&truction of Easement. City or its agent shall not block, obstruct or in any
way interfere with EVMWD's use of the Easement Property. No fences, walls or other barriers
will be constructed in such a manner as to interfere with EVMWD's use of the Easement
Property pursuant to this Easement Agreement. City shall not construct buildings,
improvements, fences and landscape across the Easement Property without the prior written
consent of EVMWD, which consent shall notbe unreasonably withheld.
3.6 Well. If in the opinion of EVMWD, the well constructed proves to be
unsuccessful and/or inoperative, EVMWD may terminate this Agreement. In such instance, the
City shall have the option to accept, at no additional costs, the well improvements, structures,
and perimeter walls/fencing as part of the improvements in lieu of having those structures
removed by EVMWD. The City shall not, however, operate a well or otherwise produce water,
and at the City's direction, EVMWD shall remove such improvements and restore the Property
to a condition consistent with the Landscaping Plan. The provision provided herein shall
......,
,ACENDA ITEM NO. 3 ~
PACt: Lf Of--D--
/"""
constitute the City's sole remedies and compensation in the event that EVMWD terminates the
Agreement under this Section 3.5.
3.7 Indemnification. EVMWD shall defend, indemnify, and hold harmless City, its
officers, agents, affiliates, employees, contractors, or volunteers, from and against any and all
claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney's fees)
and negligence of any kind or nature, whether foreseen or unforeseen, arising directly or
indirectly out of any damage, loss, or injury to: (i) EVMWD, its officers, agents, affiliates,
employees, contractors, volunteers or (ii) any other person or entity, arising from or in way
related to EVMWD's exercise of its rights under this Agreement and the Grant of Easement,
whether such damage, loss, or injury, results from the negligence or other acts however caused
by or contributed to by City and all related entities named above, or from some other cause.
City shall defend, indemnify, and hold harmless EVMWD, its officers, agents, affiliates,
employees, contractors, or volunteers, from and against any and all claims, actions, causes of
action, liabilities, suits, expenses (including reasonable attorney's fees) and negligence of any
kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage,
loss, or injury to: (i) City, its officers, agents, affiliates, employees, contractors, volunteers or (ii)
any other person or entity, arising from or in way related to the City's or public's use of the
Property as a park facility so long as EVMWD did not cause or contribute to such damage, loss,
or mJury.
/"""
3.8 Establishment of Easement. The easement described in this instrument shall be
deemed established upon the recording of a Deed of Easement substantially on the form of
Exhibit "A" and shall thereafter be considered covenants running with the land for the use and
benefit of EVMWD, superior to all other subsequently recorded encumbrances affecting any
portion of the Easement Property.
4. GENERAL TERMS.
".....
4.1 Entire Agreement. This instrument contains the entire agreement of the Parties
hereto with respect to the matters contained herein and all prior contemporaneous agreements or
understandings, oral or written, pertaining to any such matters are merged herein and shall not be
effective for any purpose.
4.2 Remedies for Breach. In the event a party, its officials, employees, agents,
representatives or contractors breach the terms of this Agreement, the non-breaching party shall
have the right to pursue any and all actions against the breaching party, both legal and equitable,
available by law.
4.3 Attornevs' Fees. In the event of any controversy, claim or dispute relating to this
Easement Agreement, the breach or interpretation thereof, the prevailing party will be entitled to
recover from the other party reasonable expenses, attorneys' fees and costs.
4.4 Binding on Successors. This Agreement and the rights and obligations hereunder
will be binding upon and will inure to the benefit of the assignees and successors in interest of
each of the Parties so long as such assignees or Parties own all or any portion of the respective
property interests. This Agreement may not be separately assigned or conveyed, and the rights
and obligations described herein and the easements created hereunder are specifically
,AGENDA ITEM NO.
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35
OF ----L:L:
appurtenant to and for the benefit of each of the property interests of the Parties. Upon the
conveyance of fee title to any portion of the Easement Property, the conveying party shall be
released from any obligations under this Agreement with regard to, or arising by virtue of the
ownership of, that portion of the property so conveyed which may arise at any time after the date
of such conveyance, and the person, firm or entity acquiring such property shall be conclusively
deemed to have assumed, for the benefit of the other parties and without any further agreement,
all such obligations.
4.5 Amendments. No provision of this Agreement may be amended or added to
except by an agreement in writing signed by the Parties hereto or their respective permitted
successors in interest, which expressly states that it is an amendment of this Agreement, and that
is recorded in the Recorders Office of Riverside County, California.
......."
4.6 Authoritv to Execute. Each party warrants that the individual(s) signing this
Agreement have the legal power, right, and authority to make this Agreement and bind each
respective party. "Effective Date" shall mean the date upon which this Agreement shall have
been signed by both EVMWD and the City.
4.7 Further Assurances. Each of the Parties hereto shall execute and deliver any and
all additional papers, documents and other assurances, and shall do any and all acts and things
reasonably necessary in connection with the performance of their obligations hereunder and to
carry out the intent and agreements of the Parties hereto.
4.8 Notices. All notices, requests, demands, and other communication given or ......."
required to be given hereunder shall be in writing and personally delivered or sent by United
States registered or certified mail, return receipt requested, or sent by nationally recognized
courier service such as Federal Express, duly addressed to the Parties as follows:
If to EVMWD:
Elsinore Valley Municipal Water District
31315 Chaney St.
Lake Elsinore, CA 92530
Attn: General Manager
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: City Manager
Delivery of any notice or other communication hereunder shall be deemed made on the
date of actual delivery thereof to the address of the addressee, if personally delivered, and on the
date indicated in the return receipt records as the date of delivery or as the date of first attempted
delivery to the address of the addressee, if sent by mail. Any party may change its address for
purposes of this section by giving notice to the other party.
If to City:
4.9 Governing Law. The Parties hereto acknowledge that this Agreement has been
negotiated and entered into in the State of California. The Parties hereto expressly agree that this
Agreement shall be governed by, interpreted under, and construed and enforced in accordance
with the laws of the State of California. ......,
ACENDA ITEM NO.
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"",......
4.10 No Additional Easements. City agrees that during the term of this Agreement no
other additional easement or easements shall be granted on, under, or over the Easement Property
without obtaining the prior written consent of EVMWD, which consent shall not be
unreasonably withheld.
4.11 Effect of Waiver. Waiver by any Party in whole or in part, expressly or by
acquiescence, of any portion of this Agreement shall not constitute a waiver of any other portion
of this Agreement. A Party's failure to insist upon strict compliance with any provision of this
Agreement or to exercise any right or privilege provided herein, or Party's waiver of any breach
hereunder, shall not relieve the other Party of any of its obligations hereunder, whether of the
same or similar type. The foregoing shall be true whether the Party's actions are intentional or
unintentional.
4.12 Severability. Each provision, condition, covenant, and restriction in this
Agreement shall be considered severable. In the event any provision, condition, covenant, and
restriction in this Agreement is declared invalid or void for any reason, such provision shall not
affect any other provision, condition, covenant, and restriction herein. The void or invalid
provision, condition, covenant, and restriction will be deemed not a part of this Agreement, and
the remainder hereof shall continue in full force and effect.
/""'"
4.13 Recording. The Parties intend that the Deed of Easement substantially in the
form attached hereto as Exhibit "A" be recorded and that it become effective upon recordation
with the Recorder's Office of Riverside County, California.
4.14 Counterparts. This Agreement may be executed in counterparts which, when
combined, shall constitute a fully executed agreement.
4.15 Captions. Captions in this instrument are inserted for convenience of reference
only and do not define, describe or limit the scope of the intent of this instrument or any of the
terms hereof.
4.16 Exhibits. The Exhibits attached hereto are hereby incorporated herein by this
reference for all purposes.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of the respective dates written below.
Dated:
CITY OF LAKE ELSINORE, a municipal corporation
By:
Mayor
ATTEST:
/""'"
Vicki Kasad, City Clerk
City of Lake Elsinore
ACENDA ITEM NO.
PACE 'I
3s-
Of~!7
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
Dated:
ATTEST:
C'\, ,-71 ~~~/?I
lY!I::fftfs~ret'iry of the Board
APPROVED AS TO FORM:
Best, Best & Krieger, LLP
-."
ELSINORE V ALLEY MUNICIPAL WATER
DISTRICT
By:
President
!Y ~ ;J%u~
......."
......,
,,ACENDA ITEM Nfl. .3S
. PAC/!?5 Of-! 7
,..-.,
EXHIBIT"A"
DEED OF EASEMENT
[TO BE INSERTED)
",.-...
~
ACENOA ITEM NO. 35
PAce-LOF.-J 7
Recording requested by and
when recorded return to:
......."
Engineering Dept.
Elsinore Valley Municipal Water District
PO Box 3000
Lake Elsinore, CA 92531-3000
APN: ??<6 1- y.- l.o l ~ O""?Jl / 0 31---
Exempt - Gov't Code 6103
CERTIFICATE OF ACCEPfANCE
DOCUMENTARY TRANSFER TAX
This is to certity that the interest in real
property conveyed by this instrument is
hereby accepted by the undersigned
Agency on behalf of the Board of Directors
of the Elsinore Valley Municipal Water
District pursuant to authority conferred by
Resolution No. 649 adopted by said Board
November 17, 1980 and the grantee
consents to recordation thereof by its
duly authorized officer.
No Documentary Transfer Tax due -
Grantee is a public agency
(Rev. & Tax. Code Section 11922)
Ronald E. Young, General Manager
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
.......".
GRANT OF EASEMENT
FOR VALUABLE CONSIDERATION, the CITY OF LAKE ELSINORE. Grantor,
hereby grants to the ELSINORE VALLEY MUNICIPAL WATER DISTRICT. a public
agency, Grantee, and assigns. the following described easement and rights in and upon
that certain real property located in the City of Lake Elsinore, State of California,
described as:
Lot G and the north easterly 385.00 feet of said Lot C of Tract 23988-2, recorded in
Book 239 pages 85-89 of Maps, Riverside County Records and by this reference made a
part hereof.
An easement in, upon, over, under and across the property as described above
for the construction, reconstruction, replacement. repair, maintenance and use of a
water supply well together with all necessary structures, fIxtures and appurtenances at
such locations and elevations, upon, along, over and under said real property as
Grantee may now or hereinafter deem convenient and necessary from time to time.
together with the right of ingress thereto and egress therefrom, to and along said
easement by a convenient route or routes in, upon, over and across the said described
property .
......"
F:Engin\ VaI\Fonn\Grant of Easement
ACENOA ITEM NO.
~ PAC! I 0 Of
35
17
",-..
Grantor shall not erect any building, fence or other structure upon said
easement which will in any way interfere with Grantee's rights and operations
hereunder.
Grantor shall not increase or decrease or permit to be increased or decreased,
the now existing ground elevations of said easement without the prior written consent of
Grantee.
Grantee shall make every effort to cooperate with other utilities in sharing the
use of the easement herein granted provided that such sharing will not adversely effect
Grantor's use of the easement as described herein.
This instrument shall be binding upon and encumber the benefit of the
successors and assigns of Grantor.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of , 20_.
GRANTOR:
(Signature)
(Print name. Title)
(Company Name)
(Street Address)
(City. State. Zip)
GRANTOR:
~
(Signature)
(Print name. Title)
(Company Name)
(Street Address)
(City. State. Zip)
State of Califomia )
County of Riverside) ss.
On
before me,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
subScribed to the within instrument. and
acknowledged that _ executed the same, in his/her/their
authorized capacity.
WITNESS my hand and official seal
",-..
Notary Public in and for said County and State
F:Engin \ Val\Form \Grant of Easement
3/
.ACENDAITEMNO. &
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Property Profile
Property Information Last Updated: 4/1/2004 10: 18:22 AM
...,
Assessor Parcel Number: 387461032
Acreage: 0
Land Value: 0
Structure Value: 0
Taxability Code: 205
Mailing Address: 130 S MAIN ST LAKE ELSINORE CA ,92530
Situs Address: 0 , 0
Owner _1: em OF LAKE ELSINORE, ,
Subdivision Name: TR 23988-2
Tract Number: 23988
Lot Number: G
Book and Page: 239, 85
Previous APN: 387030021
Zoning Designation: Single Family Residential
EVMWD Customer:? No
Within Reimbursement Benefit Area?: Possible
Number of Reimbursements 2
Reimbursement 1
File Name West End Water CFD 88-3
File Number 206
Reimbursement 2
File Name Centex Assessment District 88-3
File Number 038
.....,
Printed by GIS User on 4/1/2004
...,
cACENOA ITEM NO. 35
. PAOE );;:. OF J 7 ~
t:VMWU b.1::> t'roperry ana l,;USIOmer t'rOTlle
Property Profile
~
Prof.Jerty Information Last Updated: 4/1/2004 10:18:22 AM
Assessor Parcel Number: 387461031
Acreage: 0
Land Value: 0
Structure Value: 0
Taxability Code: 205
Mailing Address: 130 S MAIN 51 LAKE ELSINORE CA ,92530
Situs Address: 0 ,0
Owner _1: OTY OF LAKE ELSINORE, ,
Subdivision Name: TR 23988-2
Tract Number: 23988
Lot Number: C
Book and Page: 239,85
Previous APN: 387030021
Zoning Designation: Single Family Residential
EVMWD Customer:? No
Within Reimbursement Benefit Area?: Possible
Number of Reimbursements 2
Reimbursement 1
File Name West End Water CFD 88-3
File Number 206
pi""""' 'Jrsement 2
Fl. .dme Centex Assessment District 88-3
File Number 038
Printed by GIS User on 4/1/2004
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Elsinore Valley Municipal Water District
Revised
3/19/2004
1 :23 PM
AGENDA
REGULAR MEETING OF THE BOARD OF DIRECTORS
THURSDAY, MARCH 25, 2004
7:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL - Anderson, Alongi, Hyland, Wicke, Williams
ADD-ON ITEMS
APPROVAL OF AGENDA
PUBLIC COMMENT
Any person may address the Board at this time upon any subject not identified on this Agenda, but within the
jurisdiction of Elsinore Valley Municipal Water District; however, any matter that requires action will be
referred to staff for a report and action at a subsequent Board meeting. As to matters on the Agenda, an
opportunity will be given to address the Board when the matter is considered.
r'"
I. CONSENT CALENDAR
Consent Calendar items are expected to be routine and non-controversial, to be acted upon by the Board at
one time without discussion. If any- Board member, staff member, or interested person requests that an item
be removed from the Calendar, it shall be removed so that it may be acted upon separately.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
-"""""
Approval of Minutes of the Regular Board Meeting of March 11, 2004
Approval of Requisitions
1. Dave Nahay Cleaning Systems - #17249
Approval of Travel Authorizations
1. Ron Young - CASA Federal Legislative Seminar
2. Ron Young - CASA 2004 Spring Conference
Approval of Demands (Finance)
Ratification of Community Relation Committee Action (Administration)
~-'9"
Approve Amendment to Administrative Code Sections 1502, 1506, And
1511 - Purchasing Policy & Procedure (Finance)
Approve Award of Construction Contract for the SCADA System Upgrade
Project (Engineering)
Approve Stoneman Avenue Waterline Installation (Finance)
Approve a Professional Service Agreement with Montgomery Watson
Harza for the District-Wide Water Supply Assessment ryvSA) (Engineering)
Adopt Resolution Supporting The Local Taxpayer And Public Safety
Protection Act (Public Relations)
Approve Amendment NO.1 with Montgomery Watson Harza (MWH) for
Flow Monitoring for the Lakeshore Drive Relief Sewer Project (Engineering)
P.O. Box 3000
31315 Chaney Street
lake Elsinore, CA 92530
(909) 674-3146
Posted
3/23/04 8:09 AM
.3 .~ www.evmwd.com
17 -4 .
AGENDA ITEM ~
PAC!I'~ Of
Meeting Agenda
-
,_ .-".........,_DWI1c:I
March 25, 2004
Page Two
L.
Approve Easement and Public Park Improvement Agreement Between
Elsinore Valley Municipal Water District and City of Lake Elsinore (Terra
Cotta Well) (Engineering)
""'"
II. BUSINESS ITEMS
Business Items call for discussion and action by the Board.
A. Consider Approval of Revised Agreements with RCWD for Disposal and
Treatment of Wastewater, Adoption of the Appropriate Resolution, and
Amendment to the Administrative Code (Finance)
B. Consider Approval of Amendment No.1 with Kennedy / Jenks Consultants
for the Alberhill Water and Wastewater Facilities Participant Study
(Engineering)
III. REPORTS
A. General Manager's Report
B. Legal Counsel's Report
C. Committee Reports
IV. PUBLIC COMMENT
Anyone may address the Board on matters within the Boards jurisdiction.
V. DIRECTORS' COMMENTS AND REQUESTS
VI.
INFORMATION ITEMS
"""
A. Departmental Updates
B. Press Releases and Clippings
VII. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
Two Potential Cases
B. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation (Subdivision (a) of
Section 54956.9) Name of Case: Elsinore Valley Municipal Water District v.
MBC Constructors L TO, CNA Surety Corporation and Does 1-20; RIV Case No.
408230
C. CONFERENCE WITH LABOR NEGOTIATOR: Agency designated
representative: Ronald Young, Employee Organization: Elsinore Valley
Municipal Water District Management Team Association
D. CONFERENCE WITH LABOR NEGOTIATOR: Agency designated
representative: Ronald Young, Employee Organization: Elsinore Valley
Municipal Water District Employees' Association
VIII. ADJOURNMENT
""'"
3/23104 8:09 AM To request a disabimy-relaled modification or accommodation regarding agendas or altenda~EN DA ITEM alA 3"~'
contact Terese Quintanar, at (909) 674-3146, extension 8223 at least.~ hours before the meeting. ~U ~AO! Ib~ OF C" '17 .
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ACENDA ITEM "9/" d I 7
PAO!---LL OF . ,__
r---
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
RICHARDJ. WATENPAUGH,CITYMANAGER
DATE:
APRIL 13, 2004
SUBJECT:
CITY HALL REMODEL
BACKGROUND
The City of Lake Elsinore remodeled its City Hall facility during the 1989 - 1990 fiscal year. These
improvements were constructed as part of, and in conjunction with, the downtown renovation
project.
Over the past few years the demands for counter space at City Hall have swelled as a result ofthe
impacts of the development community.
,,-
Visitations have increased by 35%, which has exposed the need for additional counter and
customer service area to improve customer service accessibility for the general public.
DISCUSSION
City staffhas evaluated the existing City Hall situation and would propose that a hallway be opened
up between the current lobby and the existing hallway that separates Administrative Services and
Community Services. This area would provide for approximately 17 feet of new counter space for
both the Engineering Division and the cashiers.
This improvement would also facilitate the relocation of the Engineering Division to the current
Administrative Services office area and have Administrative Services relocate upstairs to where
Engineering is.
This change will provide the public improved access to the Engineers for public assistance and plan
review. It would also open up the lobby as the public and development community would be
provided additional space to relieve the compression ofthe existing counters.
Staff would also support the City Clerk's office and Community Services offices be switched to
provide the public easier access to the City Council and the official keeper of all City records. The
City Council would have improved access to their offices during non-working hours as access
would be directly off of Main Street and not within the main office structure of City Hall.
r---
A(jENDA ITEM NO. :5 ~
", PAOE--LOF~
Staff would also recommend the construction of two (2) work stations for the Housing Inspectors.
This area would be located where the main copier for the City is situated. The copier would be
relocated to conference room "c" and would provide a quieter more functional area for copying
and assembling both City Council and Planning Commission agendas.
.....",
The work would be performed, as much as possible, during non-operating hours. The City would
utilize current vendors to perform the improvement and related work. All improvements would be
minor in nature and would be inspected at the appropriate times throughout the project progress.
FISCAL IMPACT
The cost of the proposed improvements is $30,000 as outlined in Exhibit "A" attached.
RECOMMENDATION
It is staffs recommendation that the Mayor and City Council authorize staff to make those
improvements outlined in this report and appropriate $30,000 from the general fund reserve to
offset the proposed costs for the improvements.
PREPARED BY:
..",
David W. Sapp, Director of Co
APPROVED BY:
APPROVED FOR
AGENDA LISTING:
Rich
EXHIBIT "A"
~
AIlENDAITEMNO. ~
- ~'" PAC! ~ Of .
".....
EXHIBIT "A"
Finance Remodel
Main Lobby
Copy Room
City Council
Lump Sum Electrical
Lump Sum Flooring
(200 sq.ft. @ $10 ea.)
Lump Sum Cabinetry
(20 lineal feet @ $210 per lineal foot)
Phone System Upgrades
Total
$7,750.00
4,100.00
2,400.00
1,700.00
2,450.00
2,000.00
4,200.00
5.000.00
$29,600.00
".....
".....
AGEN9A ITEM NO.
", PAO! ..:)
3b
Of..J 0
Mar ~~ U4 U~:lla
p.c
""""
Service
One
Services
17541 Barkshatt Drive, Lake Elsinore, Ca 92530 909-471-3621-fax 909-471-8245
PROPOSAL #1
City of lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: Mr. Dave Sapp
Date: March 20, 2004
Re: City Hall
Scope of Work: Exterior
Work Requested
· Remove existing entry door and sidelight
· Remove existing columns, information board, and mailbox.
· Remove stucco and wall to original opening into current finance area.
· Install new store front glass and door where columns were removed.
· Close off where door and sidelight were removed. Match brick as close as
possible.
· Relocate mailbox and info board.
""""
Total $4400.00
Service One Services, Inc. hereby Proposes to supply all materials and labor to
complete work as agreed. All work to be done during off hours. City to supply
Contractor with all necessary specifications and drawings needed for
construction. City to be responsible for all permits and fees.
Sincerely,
Service One Services, tnc.
(A~"
. i
" / t
\),'~7 / ( .
Jay Hattabaugh
General Contractor License #8722890
city of Lake Elsinore Ucense #4 765
""""
10
ACiENDA ITEM NO. ,-
. PACE~Of--tn-
~Mar 22 04 07:11a
p. "9
/""'"
Service
One
Services
17541 Barkshatt Drive, Lake Elsinore, Ca 92530 909-471-3621 - fax 909-471-8245
City of lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: Mr. Dave Sapp
Date: March 20, 2004
PROPOSAL #2
Re: City Hall
Scope of Work: Finance Remodel
Work Requested
· Remove existing safety glass and countertop approx. 9' wide.
· Remove approx. 12' of existing base cabinetry and save.
· Remove approx. 18' of existing cabinetry and save.
/""' · Remove existing pony wall and post, approx. 9' x 3'.
· Construct stud wall to fill opening in finance approx. 8' x 12' and drywall and
paint.
· Saw cut existing wall opening to larger width to open finance area to main
lobby.
· Supply engineering for wall opening.
Totar $7750.00
Service One Services, Jnc. hereby Proposes to supply all materials and labor to
complete work as agreed. All work to be done during off hours. City to supply
Contractor with all necessary specifications and drawings needed for
construction. City to be responsible for all permits and fees. This Proposal
contains no flooring, electrical, or plumbing.
Sincerely,
~i)ice O;~ ~~<IS$~Jrl~" "->
.(/'\ '1 /'1'- , ~
Jay Hattabaugh
General Conlractor License #6722890
City of lake Elsinore license #4765
/""'"
ACENOA nEM NO.
.,., PAC! <;
3b
Of_fO
Mar ~~ U1 U-/:l~a
Service
One
Services
17541 Barkshatt Drive, Lake Elsinore. Ca 92530 909-471-3621 - fax 909-471-8245
City of Lake Elsinore
130 South Main Street
lake Elsinore, CA 92530
Attn: Mr. Dave Sapp
Date: March 20, 2004
PROPOSAL #3
Re: City Hall
Scope of Work: Main Lobby
Work Requested
· Remove existing pantry style cabinet from behind existing door and save.
· Remove existing door and approx. 4' of stud wall to open area from existing
counter to existing trophy case. Note: fire and main alarms to be moved by
others.
· ExteAd countertop from existing to trophy case with new countertop to open
to allow exit in case of emergency.
· Patch al/ drywall and paint as needed.
Total $4100.00
Service One Services, Inc. hereby Proposes to supply all materials and labor to
complete work as agreed. All work to be done during off hours. City to supply
Contractor with all necessary specffications and drawings needed for
construction. City to be responsible for all permits and fees. This Proposal
contains no flooring, electrical, or plumbing.
Sincerely,
SeJYice One Services, Inc.
. //, Ij<~--~ ~
-~ Hattabaugh
General Contractor license #6722890
City of lake Elsinore license #4765
I"'."'T
'-'"
'-'"
""'"
Jb"~"'~"
AtENDA ITeM NO. - '1' -
- PAC! b Of--i-O,
nar ~~ U~ Uf:l~a
,...."
,-..
Service
One
Services
17541 Barkshatt Drive, Lake Elsinore, Ca 92530 909-471-3621- fax 909-471-8245
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: Mr. Dave Sapp
PROPOSAL #4
Date: March 20, 2004
/'""'
Re: City Hall
Scope of Work: Copy Room
Work Requested
· Remove existing copy machine to adjacent room.
· Modify existing alc ducting and/or install exhaust ducting for new copy
machine room.
· Install 2 new workstations using laminate countertop, L-shaped, approx. 12'
and 7-'.
· Countertops to sit on ledger and attached to wall and supported by5 file
cabinets under top.
· Patch drywall and paint as needed.
Total $2400.00
Service One Services, Inc. hereby Proposes to supply all materials and labor to
complete work as agreed. All work to. be done during off hours. City to supply
Contractor with all necessary specifications and drawings needed for
construction. City to be responsible for all permits and fees. This Proposal
contains no flooring, electrical, or plumbing.
Sincerely,
Service One Services, Inc.
(p'/ //~~)
. Jay Hattabaugh
General Contractor license #8722890
~
3b
A(iENOA \TEM NO. - I
<. PAO! 7 Of ---t.JJ
.nar ~~ U~ U(:l~a
Service
One
Services
17541 Barkshatt Drive, Lake Elsinore, Ca 92530 909-471-3621 - fax 909-471-8245
PROPOSAL #6
City of lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: Mr. Dave Sapp
Date: March 20, 2004
Re: City Hall
Scope of Work: Council Area
Work Requested
· Remove existing door to storage and close up wall.
· Remove existing cabinetry as needed in office.
· Cut and remove wall area from opposite side of storage and install door and
frame.
· Instal/1 new work station in office.
Total $1700.00
Service One Services, Inc. hereby Proposes to supply all materials and labor to
complete work as agreed. All work to be done during off hours. City to supply
Contractor with all necessary specifications and drawings needed for
construction. City to be responsible for all permits and fees. This Proposal
contains no flooring, electrical, or plumbing.
Sincerely,
Service One Services, Inc.
y,/.J(1~
Jay Hattabaugh
General Contractor license #B722890
City of lake Elsinore license #4765
AGENDA ITEM NO.
PACE <6'
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ESTltAATE SUBMITTED TO: r
~1q72~~L~
DATE: .
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LOCATION OF WORK:
{!t~~ J(U I /'
/""'108 DESCRIPTION:
IC
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tr&~~~ f!~~j;/~~~T~d~ ~
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(6J+L( c;~17~Je -= ~ 9,)00!-
I LABOR HOURS: -
I HOURLY RATE:
I TOTAL: -----
"""
IMATERIALS:
-
TOTAL: __
ITOTAL ESTIMATE:
JrS-O'~NDAI~ 3<:, .
. PAC! OF -LQ-
/"""'""'
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL AND PUBLIC FINANCE AUTHORITY
TO: MAYOR AND CITY COUNCIL
CHAIRPERSON AND MEMBERS OF THE PUBLIC FINANCE
AUTHORITY
FROM: RICHARD J. WATENPAUGH, CITY MANAGER
DATE: APRIL 13,2004
SUBJECT: AMENDMENT TO LAND DEVELOPMENT AGREEMENT AND
TEMPORARY LAND TRANSFER AGREEMENT WITH SOUTH SHORE
PROPERTIES, LLC.
BACKGROUND
/"'"
In 1993, the City Council acting on behalf of Communities Facilities District No. 90-3, authorized
the issuance of $4, 162,928 in bonds. The bonds were to be repaid from special taxes assessed on
undeveloped land within CFD No. 90-3 that is located in Wasson Canyon. As the Council knows,
the land development stalled and the bonds were ultimately consolidated with the other
underperfonning CFD debt in a long term work-out plan.
However, the properties within CFD No. 90-3 remained subject to the special tax burden which has
been in a continued state of delinquency for several years. In an effort to facilitate development of
these properties, the City Council and Public Finance Authority approved, on November 11,2003,
agreements with Wasson Canyon Investments, L.P. and South Shore Properties, LLC which provided
for partial relief of the delinquent special tax obligation on certain properties within CFD No. 90-3.
With respect to South Shore Properties, the parties agreed to the following payment schedule:
I. South Shore was to immediately deliver a non-refundable payment of $35,500 (the "First
Payment");
2. $319,500.00 after the earlier of (i) December 3, 2005 or (ii) City's approval of the first
tentative tract map on the applicable parcels; and
3. $1,420,000.00 after the earlier of (i) December 3, 2007 or(ii) City's approval ofthe first final
tentative tract map on the applicable parcels (the "Final Payment").
/"'"
The developer has already made the First Payment. However, an unexpected difficulty arose when
the developer attempted to obtain relief from the County Tax Assessor for accumulated penalties and
interest on delinquent ad valorem taxes. While the County was amenable to releasing the developer
from these penalties and interest, it could only do so upon two conditions.
AGENDA ITEM NO. ~ 1
PAGELOFqPJ
First, the County pointed to Revenue and Taxation Code section 4986.3 which would allow the
County to release such penalties and interest only if the City is the fee owner of the properties.
Second, the County would only accept payment of the unreleased ad valorem taxes if the developer
cleared all of the past due special taxes. Of course, as originally proposed, the existing special tax
lien for CFD No. 90-3 would not have been cleared until receipt of the final $1,420,000 payment.
.....",
Accordingly, South Shore faces the same problems encountered by Wasson Canyon Investments,
L.P. and addressed by the Council at its March 23, 2004 meeting. Pursuant to the agreement
approved by the City Council in connection with Wasson Canyon's parcels within CFD No. 90-3, the
City will temporarily take title to the properties for the sole purpose of satisfying the County's
ownership requirement to forgive the penalties and interest on delinquent ad valorem taxes. The
second component of the Wasson Canyon agreement provides for an unconditional developer
obligation to deposit $732,400 into an irrevocable escrow to be paid to the City/Public Finance
Authority upon the earlier of December 2, 2005 or the City's approval of the first tentative tract map
on the properties.
Because South Shore lacks the liquidity of Wasson Canyon and cannot escrow sufficient funds, they
have requested a different financial arrangement discussed in greater detail below.
DISCUSSION
As with the Wasson parcels, the proposed Temporary Land Transfer Agreement requires that the
City take te~porary title to the properties for the sole purpose of satisfying the County's ownership
requirement to forgive the penalties and interest on delinquent ad valorem taxes. However, rather
than deposit funds to an escrow, South Shore has proposed to execute a promissory note and deed of
trust (with the Public Finance Authority serving as the beneficiary) to secure payment. The
promissory note will be in the full amount of the delinquent special taxes to be released. The
developer is currently obtaining the exact amount but it is estimated to exceed $2 million.
.....",
A first lien deed of trust will be recorded against the parcels as security for the promissory note
subordinate to only future ad valorem taxes (as all delinquent ad valorem taxes will be paid off as
part of the work out). Any existing lenders must agree to subordinate their security interest to the
Authority's deed of trust.
The proposed promissory note will be fully satisfied if South Shore makes two payments. The first
payment is for $319,500, payable within ten (10) days following approval of Tentative Map 31593
but in not event later than December 31,2004. The second payment is for $1 ,420,000 payable within
ten (10) days following approval of Tentative Map 31593 but in no event later than December 31,
2007. In the event this final payment is made before December 31, 2004, a 15% discount will be
applied, reducing the final payment by $213,000.
Failure to make these payments will result in the full amount ofthe promissory note becoming due
and payable.
.....,
AGENOA ITEM NO. 3/1
PA~ OF 91)
~ Although the proposed structure here does not offer an assured cash payment as provided by an
escrow, the Finance Authority's position is benefited by the significant reduction in delinquent ad
valorem taxes that will be accomplished as part of the land transfer. Therefore, in the event of a
foreclosure sale, the County tax assessor's claim on sales proceeds will be dramatically reduced.
As noted in the November 11, 2003 staff report, City staff and the finance team had not expected
development to occur for several more years in CFD No. 90-3. While the City's level of
involvement in the work-out has been increased beyond that originally contemplated, the currently
proposed structure provides safeguards against City liability and provides strong incentives for
ultimate payment.
FISCAL IMP ACT
The properties will be relieved of both special tax delinquencies and future special taxes related to
CFD No. 90-3; however, those taxes rendered the properties unviable for development such that the
prospect of payment was extremely remote. Under the proposed amended buy-out, the City will
receive at least $1,526,000 (in addition to the already deposited $35,500) and will also receive
$15,000 for City administrative and attorneys' fees related to the additional City assistance as
contemplated in the attached documents.
RECOMMENDATION
~ 1. That the City Council approve the First Amendment to the Land Development Agreement,
the Temporary Land Transfer Agreement subject to any minor modifications as may be approved by
the City Attorney and authorize the Mayor to execute the same.
2. That the City Council authorize the Mayor to execute the quitclaim deed substantially in the
form set forth in Attachment No.2 to the Temporary Land Transfer Agreement and further authorize
the City Manager to execute the Certificate of Acceptance substantially in the form set forth in
Attachment No.1 to the Temporary Land Transfer Agreement.
2. That the Public Finance Authority concur with the City Council and approve the attached
agreements and attachments thereto subject to any minor modifications as may be approved by the
City Attorney and, further, that the Chairperson is authorized to execute the Temporary Land
Transfer Agreement.
PREPARED BY:
David H. Mann, Assistant City Attorney
APPROVED BY:
Barbara Leibold, City Attorney
APPROVED FOR
LISTING BY:
~
. 81
AQENDA ITEM NO.
" PAGEL Of c/o
.,.".."
TEMPORARY LAND TRANSFER AGREEMENT
by and between the
CITY OF LAKE ELSINORE
("City")
and the
,.".."
PUBLIC FINANCE AUTHORITY OF THE
CITY OF LAKE ELSINORE
on the one hand
and
SOUTH SHORE PROPERTIES, LLC
("South Shore")
on the other hand
,.".."
AGENDA ITEM NO. 31
PAGE 4- OF Cj>tJ
TABLE OF CONTENTS
""'"
/"""
1. DEFINITIONS ...................................... ...... ........... .......... ...... ........... .................... ......2
2. SUBJECT OF AGREEMENT...................................... .................................... ....... 3
2.1. Purpose of this Agreement. ............... .................................. ................ ..........3
2.2. Parties to the Agreement.. ........... ........ ........... ............................. ........... .......4
2.2.1. The City ......................................... ....... ............ ......... ...... ....... ........ 4
2.2.2. South Shore ................... ........................ .................................... ......4
2.3. Relationship Between City and South Shore................................................. 4
3. FINANCING LAND TRANSFER AND RELEASE OF SPECIAL
TAXES. .......... ............................................................. .............................................4
4. INITIAL TRANSFER OF THE PARCELS ........................................................... 5
4.1. Initial Transfer.... ................................ ........................ ....... ........... .......... ....... 5
4.2. City's Conditions Precedent to Initial Transfer Closing ............................... 5
4.2.1. Non-refundable Deposit ..... ......................... ......... ................... ....... 5
4.2.2. Delivery ofInitial Transfer Quitclaim Deed ..................................5
4.2.3. Deposit ofPFA Promissory Note, PFA Deed of Trust and
Subordination Agreement(s) ......................................... ........... ......5
4.2.4. LDA Amendment and LDA Instructions .......................................6
4.2.5. Escrow Fees and Costs................................................................... 6
4.2.6. Condition of Title ........................................................................... 6
4.2.7. No Default........... ...... ............................ ......................................... 6
4.3. South Shore's Conditions Precedent to the Initial Transfer Closing............. 6
4.3.1. Acknowledgement........................ .................................................. 6
4.3.2. County Taxes................................................ .................................. 6
4.3.3. No Default ......................................................................................6
4.4. Escrow........................................................................................................... 7
4.4.1. South Shore Closing Deliveries ......................................................7
4.4.2. City Closing Deliveries........ ............ .................................... ........... 7
4.4.3. Initial Closing........................................................................... ...... 8
4.4.4. Closing Costs............. ..................................................... ................ 8
4.4.5. Disbursement of Second LDA Payment and the Final LDA
Payment to City................... .......... ...... ................... .......... .............. 8
4.5. South Shore and City Representations and Warranties................................. 8
4.5.1. Representations and Warranties of South Shore ............................ 8
4.5.2. Representations and Warranties of the City ................................... 9
5. RECONVEYANCE OF THE PARCELS .............................................................10
5.1. Retransfer of Parcels ........... ........................................................................ 10
6. REPRESENTATIONS AND WARRANTIES .....................................................10
7. INDEMNITY AND INSURANCE......................................................................... 11
7.1. Indemnification and Hold Harmless............................................................ 11
7.2. Insurance.................................................................... .................................. 11
/"""
South Shore T5f. Agmt
041004 3 '1
AGENDA ITEM NO.
PAGE s: OF Cf 0
TABLE OF CONTENTS
'---'
8. DEFAULTS AND REMEDIES.............................................................................. 11
8.1. Default Remedies ........................................................................................ 11
8.2. Institution of Legal Actions.......... ................ ........................ ....................... 11
8.3. Acceptance of Service of Process ............................................................... 12
8.4. Rights and Remedies Are Cumulative ........................................................ 12
8.5. Inaction Not a Waiver of Default ........ ............. ................................. .......... 12
8.6. Applicable Law............ .......................... ..................................................... 12
8.7. Attorneys' Fees... ........ ...... ..................... ...................................................... 12
9. GENERAL............................................ ................................................................... 12
9.1. Mutual Consent.. ....... ................. ........ ......................... ........ ................ ........ 12
9.2. Notices, Demands and Communications Between the Parties.................... 13
9.3. Successors and Assigns ....................................................................... ........ 13
9.4. No Third Party Rights.. ........ ..................... ..... ......................................... ..... 13
9.5. Counterparts ............................................................................. ................... 14
9.6. Other Agreements... ..................................................................................... 14
9.7. Titles and Captions....... ....... ..... ......... ........... ....... .............. ................ ...... .... 14
9.8. Interpretation............................................................................................... 14
9.9. No Waiver ................................................................................................... 14
9.10. Modifications................ ............... .................. .............................................. 14
9..11. Severability ........................................... ....... ..................................... ........... 14 .'-'
9.12. Computation of Time.............................. .................................................... 15
9.13. Legal Advice.. .......................... ........ .................... ....................................... 15
9.14. Cooperation...... ........................................................................................... 15
9.15. Conflicts of Interest........ ............. ............ ..... ..................... .............. ........ .... 15
9.16. Non-Liability of Officials and Employees of City; No Consequential
Damages ..... ..... .......................... ................. ....... ...... .................................... 15
9.17. Time for Acceptance of Agreement by City................................................ 16
'-'
11
041004 31
M1ENOA !TEM N,o.~
P~GE.G- OF _<iL-
South Shore Tsf. Agmt
ATTACHMEMTS
",-. A TT ACHMENT NO.1 Initial Transfer Quitclaim Deed
ATTACHMENT NO. 2 Retransfer Quitclaim Deed
ATTACHMENT NO. 3 Reserved
ATTACHMENT NO.4 First LDA Amendment
ATTACHMENT NO.5 Insurance Requirements
A TT ACHMENT NO.6 Promissory Note
ATTACHMENT NO. 7 Deed of Trust
ATTACHMENT NO. 8 Subordination Agreement
",-
,--
South Shore Tsf. Agmt
Hi
041004 31
AGENDA ITEM NO.- tf6-
PAGE!1.-- OF - ~-
TEMPORARY LAND TRANSFER AGREEMENT
THIS TEMPORARY LAND TRANSFER AGREEMENT (this "Agreement"), dated for
identification purposes only as of April 13, 2004, is entered into by and between the CITY OF
LAKE ELSINORE, a municipal corporation (the "City") and the LAKE ELSINORE PUBLIC
FINANCE AUTHORITY, ajoint exercise of powers authority (the "Authority"), on the one hand,
and SOUTH SHORE PROPERTIES, LLC, a Nevada limited liability company ("South Shore"),
on the other hand. The City and the Authority are collectively referred to herein as the "City." The
City and South Shore hereby agree as follows:
"'"
RECITALS
The following recitals are a substantive part of this Agreement:
A. South Shore has acquired certain parcels of undeveloped land within the boundaries
of the City of Lake Elsinore and the District and identified as Assessor Parcel Nos. 347-250-006,
347-250-007; 347-250-008,347-350-003; 347-350-014; 347-350-015; 347-360-006 and 347-360-
007 (collectively, the "Parcels"). Previously, the Parcels were subject to Tentative Tract Map No.
25487, which is now expired.
B. The District has levied special taxes on the Parcels (the "Special Taxes") of which
certain installments are delinquent and owing as of the Effective Date, and additional penalties,
interest and costs relating to those delinquencies (the "Delinquent Special Taxes").
C. The Parcels are also subject to delinquent ad valorem taxes affecting the Parcels (the
"Delinquent Ad Valorem Taxes") and certain penalties, interest and charges thereon (collectively, "'"
"Ad Valorem Penalties"), which, together with the Special Taxes constitute a significant financial
burden on the Parcels that exceeds the fair market value of the Parcels. As such, the total of the
Special Taxes, Delinquent Ad Valorem Taxes and Ad Valorem Penalties impair the economic
viability of the Parcels for development. A detail ofthe outstanding Delinquent Ad Valorem Taxes
and Ad Valorem Penalties are set forth on Schedule 1 attached hereto.
D. In order to facilitate the public interest in development of the Parcels and the resulting
generation of revenue to help meet the ongoing financial obligations of the City and the District, the
District, the City and South Shore entered into that certain Land Development Agreement dated as of
November 11, 2003 (but having an "Effective Date" of December 2, 2003) (the "LDA") which
provides, among other things, conditional relief of the Delinquent Special Taxes and future Special
Taxes of the District. However, the LDA does not provide relief from the Ad Valorem Penalties
affecting the Parcels.
E. South Shore has endeavored to confer with officials of Riverside County in order to
determine, what if any, relief may be obtained as to the Delinquent Ad Valorem Taxes. In this
regard, the County has proposed to relieve such obligations but may only do so if the City is the fee
owner of the Parcels at the time such relief is given, as required by law.
F. In order to facilitate relief of the Ad Valorem Penalties, the City has agreed, with the
full knowledge of the County, to take title to the Parcels temporarily until such relief is either
~
1
AQENDA 'TEM NO. 31
(5 -
P!?E-L-.. OF _10
,...... approved or no action, and further resolves that the acquisition is in accordance with the
requirements of Revenue and Taxation Code section 4986.3.
G. Pursuant with the City Council's consideration of this Agreement, the City has
considered whether the proposed financial consideration herein are subject to the California
Environmental Quality Act (California Public Resources Code Section 21000 et seq.), the "CEQA
Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local
guidelines promulgated thereunder. In particular, the City is cognizant of its responsibilities under
CEQA Guideline Section 15004 that environmental documentation should be prepared as early as
feasible in the planning process. However, this Agreement addresses only financial considerations
related to the Delinquent Ad Valorem Taxes and is not intended to assure future approval of tentative
tract maps or other entitlements that may cause changes to the physical environment.
NOW, THEREFORE, the City and the South Shore hereby agree as follows:
1. DEFINITIONS
The defined terms and definitions related to the Agreement are set forth as follows.
~'Ad Valorem Penalties" is defined in Recital C.
~
"Certificate of Acceptance" means the certificate acknowledging that the City accepts the
transfer of title in the Parcels to the City as set forth in Attachment No.1.
"CFD Obligations" mean the Delinquent Special Taxes, any current Special Taxes and the
Lien of Special Taxes.
~~Delinquent Ad Valorem Taxes" mean those ad valorem taxes assessed by the County
against the Parcels of which certain installments are delinquent and owing as of the Effective Date,
(but excluding penalties, interest and costs relating to those delinquencies, which are separately
defined herein as "Ad Valorem Penalties").
"Delinquent Special Taxes" means those Special Taxes imposed by the District against the
Parcels of which certain installments are delinquent and owing as of the Effective Date, and
additional penalties, interest and costs relating to those delinquencies.
"Deposit" means the non-refundable deposit from South Shore to the City in the amount of
$15,000 to offset the City's costs and expenses in performing its obligations under this Agreement.
"District" means the City of Lake Elsinore Community Facilities District No. 90-3.
"Effective Date" means the date when the Agreement shall have been signed by the City.
~~Escrow" means the escrow opened with the Escrow Holder for the purposes of effecting the
transactions contemplated by this Agreement, that is, Escrow No. NCS 77347-SAl(TH).
~~Escrow Fees and Costs" means all escrow fees, charges and costs, title premium fees,
recording fees, documentary transfer taxes (if any) and other customary fees and charges of Escrow
Holder.
".......
2
:;</1
,.10 .J__
AGENO.A. rTEM f-. .;;; rE.~--
Pf;.GE .3-~ -.
"Escrow Holder" means First American Title Insurance Company (National Commercial
Services, Santa Ana, California).
"First LDA Amendment" shall mean that certain First Amendment to Land Development
Agreement executed by the City and South Shore concurrently herewith, which amends the LDA as
set forth therein, and the form of which is set forth in Attachment No.4 attached hereto.
...."
"Initial Transfer" is defined in Section 3 .1.
"Initial Transfer Closing" shall mean the date the Initial Transfer Quitclaim Deed is
recorded in the Official Records of Riverside County.
"Initial Transfer Quitclaim Deed" means the quitclaim deed substantially in the form of
Attachment No.1, by which South Shore shall convey title to the Property to the City at the Initial
Transfer Closing, as provided herein.
"LDA" is defined in Recital D above.
"LDA Instructions" is defined in the LDA Amendments and means that certain Irrevocable
Escrow Instruction, a form of which is attached as Exhibit "A" to the LDA Amendment and
incorporated herein.
~~Lien of Special Taxes" means the lien of special taxes recorded by the District against the
Parcels.
"Parcels" is defined in Recital A.
'--'
"Party" means the City or South Shore, as applicable, and "Parlies"means, collectively, the
City and South Shore.
"PTR" means Preliminary Title Report regarding the Parcels issued by First American Title
Insurance Company.
"Retransfer" is defined in Section 4.1.1.
"Retransfer Closing" means the date the Retransfer Quitclaim Deed is recorded in the
Official Records of Riverside County.
"Retransfer Quitclaim Deed" means the Quitclaim Deed, substantially in the form of
Attachment No.2, by which the City shall retransfer title to the Parcels to South Shore as provided
herein.
"Special Taxes" mean the special taxes levied by the District.
2. SUBJECT OF AGREEMENT
2.1. Purpose of this Agreement
The purpose of this Agreement is to effectuate the temporary transfer of title to the
Parcels from South Shore to the City in order to allow the County to provide relief for the Ad
Valorem Penalties.
...."
3
31
AQEND~ ITEM NO. tt () -.
ob.,GE 11P- OF. .
~
2.2. Parties to the Agreement
2.2.1. The City
The City is a municipal corporation exercising governmental functions and
powers and organized and existing under the laws of the State of California. The principal office and
mailing address of the City for the purposes of this Agreement is the City of Lake Elsinore, 130 S.
Main Street, Lake Elsinore, California 92530.
2.2.2. South Shore
South Shore is South Shore Properties, LLC, a Nevada limited liability
company. The principal office and mailing address of South Shore for the purpose of this Agreement
is South Shore Properties, LLC, 236 S. Rainbow Blvd., Suite 311, Las Vegas, NV 89145. South
Shore represents and warrants that it is duly organized, validly existing and in good standing under
the laws of the State of Nevada and has all requisite corporate power and authority to carry on its
business as now conducted and as proposed to be conducted herein. South Shore further represents
and warrants that all corporate action on the part of the South Shore, its general partner and limited
partners necessary for the authorization, execution and delivery of this Agreement and the
performance of all obligations of the South Shore hereunder has been taken, and this Agreement
constitutes valid and legally binding obligations of the South Shore, enforceable in accordance with
the terms hereof, except (i) as limited by applicable bankruptcy, insolvency, reorganization;
moratorium, and other laws of general application affecting enforcement of creditors' rights
/"" generally and (ii) as limited by laws relating to the availability of specific performance, injunctive
relief, or. other equitable remedies.
"South Shore" as used in this Agreement includes any assignee or successor to
the South Shore permitted in this Agreement.
2.3. Relationship Between City and South Shore
It is hereby acknowledged that the relationship between the City and the South Shore
is not that of a partnership or joint venture and that the City and the South Shore shall not be deemed
or construed for any purpose to be the agent of the other. South Shore further agrees to indemnify,
hold harmless and defend the City from any claim made against the City arising from a claimed
partnership or joint venture relationship between the City and the South Shore with regard to the
development, maintenance, management and/or sale of any portion of the Parcels; provided,
however, that the South Shore shall not be obligated to indemnify, hold harmless or defend the City
from any liability or claims arising from the willful misconduct or negligence of the City.
3. FINANCING LAND TRANSFER AND RELEASE OF SPECIAL TAXES.
3.1. Substitution of Special Tax Lien for Promissory Note and Deed of Trust
A. Promissory Note. Subject to the conditions precedent set forth herein, the
Authority hereby consents to the release of the lien of Deliquent Special Tax in exchange for a
promissory note executed by South Shore in substantially the form attached hereto as Attachment
,-..... No.6 (the "Promissory Note"). The note amount shall be equal to the lien of Delinquent Special Tax
4
31(
AGENDA ITEM NO. '1
PAGE1L--OF ()
released by the Authority. The Promissory Note shall provide early payment provisions which shall
be deemed to satisfy the note amount, such early payment provisions to be as follows:
(i) Three Hundred Nineteen Thousand Five Hundred Dollars ($319,500)
payable within ten (10) days following approval of Tentative Map 31593 but no sooner than May 15,
2004 and no later than December 2, 2005; and
(ii) One Million Two Hundred Seven Thousand Dollars ($1,420,000)
payable within ten (10) days following approval of Tentative Map 31593 but no sooner than May 14,
2004 and no later than December 2,2007; provided, however, that South Shore shall be entitled to
reduce such amount by fifteen percent (15%) (that is, a payment of $1,207,000) on the condition that
such payment is made no later than December 31, 2004.
B. Security for Promissory Note. The Promissory Note shall be secured by the
Deed of Trust and the Request for Notice of Default recorded against the Parcels substantially in the
form of Attachment No.7.
C. Subordination of Deed of Trust. The Deed of Trust shall be subordinate only
to such exceptions to title as are approved by the City in writing. In that regard, South Shore agrees
to cause any existing deed of trust holders to the Parcels to subordinate such deeds of trust which
shall be evidenced by a Subordination Agreement substantially in the form of Attachment No.8 and
recorded against the Parcels.
-.."."
4. INITIAL TRANSFER OF THE PARCELS
4.1. Initial Transfer
-.."."
South Shore hereby agrees to transfer and convey to the City, and the City hereby
agrees to accept the transfer from South Shore of, South Shore's title to the Parcels, subject to the
conditions set forth herein (the "Initial Transfer").
4.2. City's Conditions Precedent to Initial Transfer Closing
The following shall be conditions precedent to the City's acceptance of the Initial
Transfer contemplated herein and the Initial Transfer Closing (the "City's Conditions Precedent"):
4.2.1. Non-refundable Deposit
South Shore shall have delivered the Deposit to the City.
4.2.2. Delivery ofInitial Transfer Ouitclaim Deed
South Shore shall have deposited the fully executed Initial Transfer Quitclaim
Deed into Escrow.
4.2.3. Deposit of Promissory Note. Deed of Trust and Subordination Agreement(s)
South Shore shall have delivered into Escrow the Promissory Note, the Deed
of Trust and all applicable Subordination Agreements.
.....,
5
AGENDA ITEM NO. 31
PAGE~OFfo
;t1""'"
4.2.4. LDA Amendment and LDA Instructions
South Shore shall have delivered into Escrow an executed counterpart of the
First LDA Amendment and the executed LDA Instructions.
4.2.5. Escrow Fees and Costs
South Shore shall have deposited all sums as are necessary to satisfy South
Shore's obligations hereunder into Escrow, including but not limited to payment of all Escrow Fees
and Costs for both the Initial Transfer and the Retransfer.
4.2.6. Condition of Title
The Parcels shall be subject only to those title exceptions shown on the PTR,
unless otherwise approved by the City Manager, such approval not to be unreasonably withheld.
4.2.7. No Default
/"'"
As of the Close of Escrow, South Shore shall not be in default of any of the
terms and provisions of this Agreement or the LDA.
The conditions set forth in this Section 4.2 are solely for the benefit of the City
and may be waived only by the City. In the event that the conditions are not satisfied or waived by
the City, in writing, on or before the Close of Escrow for the Initial Transfer, both parties shall be
released from any liabilities or obligations under this Agreement, this Agreement shall be deemed
null and void, Escrow shall be cancelled. Notwithstanding the foregoing, and the Deposit shall be
released Oto the City.
4.3. South Shore's Conditions Precedent to the Initial Transfer Closing
The following shall be conditions precedent to South Shore's obligation to
consummate the Initial Transfer transaction contemplated herein ("South Shore's Conditions
Precedent") :
4.3.1. Acknowledgement
The City shall have deposited into Escrow a fully executed Certificate of
Acceptance ofthe Initial Transfer Quitclaim Deed, and a fully executed Retransfer Quitclaim Deed.
4.3.2. County Taxes
The County Tax Collector shall have deposited into Escrow (i) a demand for
payment (through Escrow) of all Delinquent Ad Valorem Taxes (but excluding any and all penalties
and/or interest charges thereon), and (ii) a written statement that upon receipt of the amount set forth
in such demand, that all outstanding Ad Valorem Penalties assessed due to the Delinquent Ad
Valorem taxes will be waived and removed from the County's tax assessment rolls.
4.3.3. No Default
;t1""'"
As of the Close of Escrow, the City shall not be in default of any of the terms
and provisions ofthis Agreement or the LDA.
6
AGENDA ITEM NO. 31
PAGEP-OF..'1a
The conditions set forth in this Section 4.3 are solely for the benefit of South Shore
and may be waived only by South Shore. In the event that the conditions are not satisfied or waived '-'
by the South Shore, in writing, on or before the Initial Transfer Closing, both parties shall be released
from any liabilities or obligations under this Agreement, this Agreement shall be deemed null and
void, Escrow shall be cancelled, and the Deposit shall be released to South Shore.
4.4. Escrow
Upon mutual execution and delivery of this Agreement, and the acceptance of this
Agreement by Escrow Holder in writing, this Agreement shall constitute the joint escrow instructions
of the City and South Shore to open the Escrow for the consummation of the Initial Transfer and the
Retransfer pursuant to the terms of this Agreement. Upon Escrow Holder's written acceptance of this
Agreement, Escrow Holder is authorized to act in accordance with the terms ofthis Agreement. The
City and South Shore shall execute Escrow Holder's general escrow instructions upon request;
provided, however, that if there is any conflict or inconsistency between such general escrow
instructions and this Agreement, this Agreement shall control. All deposits placed in Escrow by
South Shore may be invested by Escrow Holder in federally insured depository accounts, with the
interest thereon accruing to the benefit of South Shore.
4.4.1. South Shore Closing Deliveries
At least one (1) business day prior to the Initial Transfer Closing, South Shore
shall deliver or cause to be delivered to Escrow Holder the following:
(i) The Initial Transfer Quitclaim Deed in substantially the form attached
hereto as Attachment No.1 executed by South Shore in recordable form, conveying fee title in the
Parcels to the City.
'-'
(ii) The executed Promissory Note, the Deed of Trust and all applicable
Subordination Agreements.
(iii) An executed counterpart of the First LDA Amendment.
(iv) The executed LDA Instructions.
(v) All sums Escrow Holder shall require to pay all closing costs,
prorations and adjustments set forth herein (including without limitation all Delinquent Ad Valorem
Taxes, net of the Ad Valorem Delinquency).
(vi) Any other documents, instruments or agreements reasonably necessary
to effectuate the transaction contemplated by this Agreement Claims), in immediately available
funds.
4.4.2. City Closing Deliveries
At least one (l) business day prior to Initial Transfer Closing, the City shall
deliver or cause to be delivered to Escrow Holder the following:
(i) The Certificate of Acceptance of the Initial Transfer Quitclaim Deed,
and the Retransfer Quitclaim Deed, each executed by the City in recordable form.
'-'
7
AGENDA nEM NO. ~~_Z~"
PAGE E1-. Of _12--=
,...... (ii) A written request to the County Tax Assessor requesting the County
Tax Collector to remove the Special Taxes from the County's assessment rolls and to waive and
remove the Ad Valorem Delinquency Claims from the County's assessment rolls,
(iii) An executed counterpart of the First LDA Amendment, and
(iv) Any other documents, instruments or agreements reasonably necessary
to effectuate the transaction contemplated by this Agreement.
Provided the City and South Shore have deposited into the Escrow and delivered to
the City the matters required by this Agreement, Escrow Holder shall deliver to the City the Initial
Transfer Quitclaim Deed by causing it to be recorded in the Official Records of the Office of the
County Recorder of Riverside County, California.
4.4.3. Initial Closing
The Initial Transfer Closing shall occur immediately following the execution
of this Agreement, provided the City's Conditions Precedent and South Shore's Conditions
Precedent have been satisfied, unless extended by the mutual written agreement ofthe parties hereto,
or as otherwise provided for in this Agreement. Concurrently with the recordation of the Initial
Transfer Quitclaim Deed, Escrow Holder shall release the Deposit to the City, and shall, upon the
County's notification of its willingness to accept same, the Delinquent Ad Valorem Taxes.
4.4.4. Closing Costs
South Shore shall pay any Escrow and Closing Costs for the Initial Transfer
,-.....
and the Retransfer.
4.4.5. Disbursement of Second LDA Payment and the Final LDA Payment to City
Escrow Holder shall disburse the Second LDA Payment and the Final LDA
Payment in accordance with the LDA Instructions.
4.5. South Shore and City Representations and Warranties
The following representations and warranties set forth herein shall survive the Close
of Escrow for both the Initial Transfer and the Retransfer.
~
4.5.1. Representations and Warranties of South Shore
South Shore represents and warrants to the City as follows:
(i) Authority. South Shore has full right, power and lawful authority to
convey the real property interest in the Parcels as provided herein; and
(ii) Leases. There are no tenants or other persons who have a right to
possess the Parcels or any portion thereof; and
(iii) Title. South Shore at the time of the execution of this Agreement, is
seized ofthe Parcels in fee simple and is the lawful owner of and has good indefeasible title to the
Parcels; and
8
AGENDA ITEM NO. 3/(
PAGE/O OF Cj{)
(iv) Litigation. There are no actions, suits, material claims, legal
proceedings, or any other proceedings affecting the Parcels or any portion thereof, at law, or in equity '"
before any court or governmental agency, domestic or foreign (other than any pending matters
relating to the Delinquent Ad Valorem Taxes); and
(v) Condition of Parcels. South Shore shall have maintained the Parcels in
such condition as existed as of the execution of this Agreement and shall continue to maintain the
Parcels in such condition until the Retransfer; and
(vi) No Violation. Neither the execution of this Agreement nor the
performance of the obligations herein will conflict with, or breach any of the provisions of any bond,
note, evidence of indebtedness, contract, lease, or other agreement or instrument which affects the
Parcels; and
(vii) No Conflict. South Shore's execution, delivery and performance of its
obligations under this Agreement will not constitute a default or a breach under any contract,
agreement or order to which South Shore is a party or by which it is bound; and
(viii) Governmental Compliance. South Shore has not received any notice
from any governmental agency or authority alleging that the Parcels is currently in violation of any
law, ordinance, rule, regulation or requirement applicable to its use and operation. If any such notice
or notices are received by South Shore following the date this Agreement is signed by the City, South
Shore shall, within ten (10) days of receipt of such notice notify the City; South Shore then, at its
option, may either elect to perform the work or take the necessary corrective action prior to the Close
of Escrow or refuse to do so, in which case South Shore shall notify the City of such refusal and the
City shall be entitled to either close Escrow with knowledge of such notice(s) or terminate this
Agreement; and
....."
(ix) No South Shore Bankruptcy. South Shore is not the subject of a
bankruptcy proceeding.
(x) South Shore's Ongoing Representations and Warranties. Until the
Retransfer Closing, South Shore shall, upon learning of any fact or condition which would cause any
of the warranties and representations in this Section not to be true as ofthe Initial Transfer Closing,
immediately give written notice of such fact or condition to the City. Such exception to a
representation shall not be deemed a breach by South Shore hereunder, but shall constitute an
exception which the City shall have a right to approve or disapprove if such exception would have an
effect on the transactions contemplated by this Agreement. If the City elects to proceed with the
Initial Transfer Closing following disclosure of such information, South Shore's representations and
warranties contained herein shall be deemed to have been made as of the Initial Transfer Closing,
subject to such exception(s). If, following the disclosure of such information, the City elects to not to
proceed with the Initial Transfer Closing, then this Agreement and the Escrow shall automatically
terminate, and neither party shall have any further rights, obligations or liabilities hereunder.
4.5.2. Representations and Warranties of the City
The City represents and warrants to South Shore as follows:
....."
9
AGENDA ITEM NO. 31
PAGEi1L. OF C/o
".......
(i) Authority. The City has full right, power and lawful authority to
accept the real property interest in the Parcels as provided herein, and to retransfer the Parcels to
South Shore, without consideration (other than the Deposit) also as provided herein.
5. RECONVEYANCE OF THE PARCELS
5.1. Retransfer of Parcels
"....-.-
5 .1.1. Absolute Right to Retransfer. Notwithstanding any other provision of this
Agreement, effective upon the conveyance of the Parcels to the City at the Initial Transfer Closing,
South Shore shall have the absolute right to cause the recording of the Retransfer Quitclaim Deed
Retransfer at any time to effect the conveyance of the Parcels from the City to South Shore (the
"Retransfer"), upon written notice to the City and to Escrow Holder, without the payment of any
additional consideration to the City (the Deposit having been paid by South Shore to the City prior to
the Initial Transfer), and whether or not the County has waived the Ad Valorem Penalties, and
Escrow Holder is irrevocably instructed to record the Retransfer Quitclaim Deed and thus effect the
Retransfer upon the first to occur of the following: (i) receipt of written notice from South Shore, (ii)
the expiration of ten (10) days following the recordation of the Initial Transfer Quitclaim Deed
(unless extended pursuant to Section 4.1.1 below).
5.1.2. AS-IS Transfer. South Shore agrees to accept the Parcels "AS IS" in their
existing physical conditions without recourse or imposition of any liability whatsoever on the City,
and South Shore acknowledges and agrees that no representation or warranty has been made to South
Shore by the City or any other person concerning the Parcels or the condition thereof.
5.1.3. Option to Extend Retransfer Closing. Upon written notice to the City and
Escrow Holder on or before the expiration of the ten (10) day period specified in Section 4.1.1
above, South Shore may extend the Retransfer Closing for up to an additional ten (10) days to allow
for any delays in the delivery of documentation which confirms the waiver of the Ad Valorem
Penalties.
6. REPRESENT A TIONS AND WARRANTIES
South Shore represents and warrants for the benefit of the City as follows:
(i) South Shore is a California limited partnership duly organized, validly existing
and in good standing under the laws of the State of California and has all requisite corporate power
and authority to carry on its business as now conducted and as proposed to be conducted herein.
(ii) All corporate action on the part of the South Shore, its general partner and
limited partners necessary for the authorization, execution and delivery of this Agreement and the
performance of all obligations of the South Shore hereunder has been taken, and this Agreement
constitutes valid and legally binding obligations of the South Shore, enforceable in accordance with
the terms hereof, except (i) as limited by applicable bankruptcy, insolvency, reorganization,
moratorium, and other laws of general application affecting enforcement of creditors' rights
generally and (ii) as limited by laws relating to the availability of specific performance, injunctive
relief, or other equitable remedies.
".......
10
AGENoA ITEM NO. 31
PAGEL!LOF tfd
-
(iii) There is no action, suit proceeding or investigation pending or, to the South
Shore's knowledge, currently threatened against the South Shore that questions the validity of this
Agreement, or the right of the South Shore to enter into this Agreement, or to consummate the
transactions contemplated hereby.
~
7. INDEMNITY AND INSURANCE
7.1. Indemnification and Hold Harmless
South Shore shall assume the defense of, indemnify and hold harmless the City, its
officers, employees and agents and each of them, from and against any and all liability , claims,
judgments, costs, and demands, of any kind (including, without limitation, reasonable attorneys'
fees) arising out of or related to the City's ownership of the Parcels.
In the event of third party litigation brought against South Shore and/or the City in connection with
this Agreement, South Shore agrees to defend, indemnify and hold harmless the City, its officers,
employees and agents and each of them, from and against any and all liability, claims, judgments,
costs, and demands, of any kind (including, without limitation, reasonable attorneys' fees) arising out
of or related to the City's approval and/or the implementation of this Agreement.
7.2. Insurance
During all times that the City holds title to the Parcels, South Shore shall maintain the
insurance specified in Attachment No.5 attached hereto, naming the City as an additional insured.
Prior to the Initial Transfer, South Shore shall provide evidence of such insurance, which shall
include a statement that such insurance cannot be canceled except upon thirty days advance written ~
notice to South Shore and the City.
8. DEFAULTS AND REMEDIES
8.1. Default Remedies
Failure by either Party to perform any action or covenant required by this Agreement
within the time periods provided herein following Notice and failure to cure as described hereafter,
constitutes a "Default" under this Agreement. A Party claiming a Default shall give written Notice
of Default to the other Party specifying such Default. Except as otherwise expressly provided in this
Agreement, the claimant shall not institute any proceeding against any other Party, and the other
Party shall not be in Default if such party within thirty (30) days from receipt of such Notice
immediately, with due diligence, commences to cure, correct or remedy such failure or delay and
shall complete such cure, correction or remedy with diligence.
8.2. Institution of Legal Actions
The Parties shall be entitled to seek any remedy available at law and in equity for the
other Party's Default. All legal actions must be instituted in the Superior Court of the County of
Riverside, State of California, in an appropriate municipal court in Riverside County, or in the
United States District Court for District of California in which Riverside County is located.
Notwithstanding the foregoing, or any other provision of this Agreement, as long as South Shore
deposits with Escrow Holder all Escrow and Closing Costs necessary to consummate the Transfer
"WI'
11
AQENDA ITEM NO. 31
PAGE!i:. OF q (j
",,--
and the Retransfer, Escrow Holder shall be obligated, upon written demand by South Shore and
notwithstanding any contrary instruction by the City, to immediately record the Retransfer Quitclaim
Deed in the Official Records of Riverside County.
8.3. Acceptance of Service of Process
In the event that any legal action is commenced by South Shore against the City,
service of process on the City shall be made by personal service upon the City Clerk or in such other
manner as may be provided by law. In the event that any legal action is commenced by the City
against South Shore, service of process on South Shore shall be made in such manner as may be
provided by law.
8.4. Rights and Remedies Are Cumulative
Except as otherwise expressly stated in this Agreement, the rights and remedies of the
Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for
the same Default or any other Default by the other Party.
8.5. Inaction Not a Waiver of Default
,.--.
Any failures or delays by either Party in asserting any of its rights and remedies as to
any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive
either such Party of its right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce any such rights or remedies.
8.6. Applicable Law
The laws of the State of California shall govern the interpretation and enforcement of
this Agreement.
8.7. Attorneys' Fees
In any action between the Parties to interpret, enforce, reform, modify, rescind or
otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in
the action or other proceeding shall be entitled, in addition to damages, injunctive relief or any other
relief to which it might be entitled, reasonable costs and expenses including, without limitation,
litigation costs, expert witness fees and reasonable attorneys' fees.
9. GENERAL
9.1. Mutual Consent
This Agreement may be terminated by the mutual written consent of the City and the
South Shore, and all or any portion ofthe moneys in the Construction and Acquisition Fund may be
used to pay for same, and the South Shore shall have no claim or right to any further payments for
the Purchase Price of Public Facilities or Discrete Components hereunder, except as otherwise may
be provided in such written consent.
".......
12
2/1
AQENDA ITEM NO.._
P;fi"OE1$.-OF~~- .
9.2. Notices. Demands and Communications Between the Parties
Any notices, requests, demands, documents, approvals or disapprovals given or sent
under this Agreement from one Party to another (collectively, "Notices") may be personally
delivered, transmitted by facsimile (FAX) transmission, or deposit with the United States Postal
Service for mailing, postage prepaid, to the address of the other Party as stated in this Section, and
shall be deemed to have been given or sent at the time of personal delivery or FAX transmission or,
if mailed, on the third day following the date of deposit in the course of transmission with the United
States Postal Service. Notices shall be sent as follows:
,.."
If to the City or Authority:
City of Lake Elsinore
Attn: City Manager
130 S. Main Street
Lake Elsinore, CA 92530
FAX No. (909) 674-239
With copies to:
Van Blarcom, Leibold, McClendon & Mann, P.C.
Attn: Barbara Zeid Leibold, City Attorney
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
FAX No. (949) 457-6305
....,.,
If to South Shore:
South Shore Properties, LLC
Attn: Robert J. Krause/Jeannie Watson, Manager
236 S. Rainbow Blvd., Suite 311
Las Vegas, NV 89145
FAX No. (702) 320-3671
9.3. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the successors and
assigns of the parties hereto. The South Shore may assign its rights pursuant to this Agreement to one
(I) or more purchasers (each, an "Assignee") of the Parcels or phase thereof.
9.4. No Third Party Rights
The Parties intend that no rights or remedies be granted to any third party as a
beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
...,.,
13
A9ENOA ITEM NO. &/1
PAG8z2{J OF tJ6
".......
9.5. Counterparts
This Agreement may be signed in multiple counterparts which, when signed by all
Parties, shall constitute a binding agreement. This Agreement is executed in five (5) originals, each
of which is deemed to be an original.
9.6. Other Agreements
The obligations of the South Shore hereunder shall be that of a party hereto. Nothing
herein shall be construed as affecting the City's or South Shore's rights, or duties to perform their
respective obligations, under other agreements, use regulations or subdivision requirements relating
to the development. This Agreement shall not confer any additional rights, or waive any rights
given, by either party hereto under any development or other agreement to which they are a party.
This Agreement is not intended to and is not a "development agreement" under Government Code
Sections 65864, et seq.
9.7. Titles and Captions
Titles and captions are for convenience of reference only and do not define, describe
or limit the scope or the intent of this Agreement or of any of its terms. Reference to section
numbers are to sections in this Agreement, unless expressly stated otherwise.
,,--.
9.8. Interpretation
As used in this Agreement, masculine, feminine or neuter gender and the singular or
plural nQmber shall each be deemed to include the others where and when the context so dictates.
The word "including" shall be construed as if followed by the words "without limitation." This
Agreement shall be interpreted as though prepared jointly by both Parties.
9.9. No Waiver
A waiver by either Party of a breach of any of the covenants, conditions or agreements
under this Agreement to be performed by the other Party shall not be construed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions or conditions of this
Agreement.
9.10. Modifications
Any alteration, change or modification of or to this Agreement, in order to become
effective, shall be made in writing and in each instance signed on behalf of each Party.
9.11. Severability
If any term, provision, condition or covenant of this Agreement or its application to
any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of
this Agreement, or the application of the term, provision, condition or covenant to persons or
circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be
affected, and shall be valid and enforceable to the fullest extent permitted by law.
,,--.
14
AGENDA ITEM NO._ 37 -
- qo
PAO&2/-- Of ~k"'_
9.12. Computation of Time
The time in which any act is to be done under this Agreement is computed by
excluding the first day (such as the day escrow opens), and including the last day, unless the last day
is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall
mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any
act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.
9.13. Legal Advice
Each Party represents and warrants to the other the following: they have carefully
read this Agreement, and in signing this Agreement, they do so with full knowledge of any right
which they may have; they have received independent legal advice from their respective legal
counsel as to the matter set forth in this Agreement, or have knowingly chosen not to consult legal
counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement
without any reliance upon any agreement, promise, statement or representation by or on behalf of the
other Party, or their respective agents, employees, or attorneys, except as specifically set forth in this
Agreement, and without duress or coercion, whether economic or otherwise.
.""""
9.14. Cooperation
Each Party agrees to cooperate with the other in this transaction and, in that regard, to
sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out
the purposes and intent of this Agreement including, but not limited to, releases or additional
agreements.
......"
9.15. Conflicts ofInterest
No member, official or employee of the City shall have any personal interest, direct or
indirect, in this Agreement, nor shall any such member, official or employee participate in any
decision relating to the Agreement which affects his personal interests or the interests of any
corporation, partnership or association in which he is directly or indirectly interested.
9.16. Non-Liability of Officials and Employees of City. No Consequential Damages
No member, official or employee of the City shall be personally liable to South Shore,
or any successor in interest, in the event of any Default or breach by the City or for any amount
which may become due to South Shore or its successors, or on any obligations under the terms of
this Agreement. South Shore hereby waives and releases any claim it may have against the members,
officials or employees of the City with respect to any Default or breach by the City or for any amount
which may become due to South Shore or its successors, or on any obligations under the terms of
this Agreement.
Additionally, in no event shall the South Shore be entitled to, and hereby waives, any
right to seek consequential damages of any kind or nature from the City arising out of or in
connection with this Agreement, other than interference with the recording of the Retransfer
Quitclaim Deed as provided in this Agreement.
......"
15
AQENoA ITEM NO. 31
PA~ OF 10
r" South Shore makes the foregoing waivers and releases with full knowledge of Civil
Code Section 1542 and hereby waives any and all rights thereunder to the extent of this waiver and
release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which ifknown by him must have
materially affected his settlement with the debtor."
9.17. Time for Acceptance of Agreement bv City
This Agreement, when executed by South Shore and delivered to the City, must be
authorized, executed and delivered by the City on or before thirty (30) days after signing and delivery
of this Agreement by South Shore or this Agreement shall be void, except to the extent that South
Shore shall consent in writing to a further extension of time for the authorization, execution and
delivery of this Agreement.
[BALANCE OF PAGE LEFT INTENTIONALLY BLANK]
,--.-
,--.-
16
31
AQENDA ITEM NO. ~~=---
4~ tit)
PAGE~ OF - -
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
respective dates set forth below. ~
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Dated:
, 2004
By:
Mayor
" AUTHORITY"
LAKE ELSINORE PUBLIC FINANCE
AUTHORITY, a joint exercise of powers
authority
,2004
By:
Dated:
Chairperson
ATTEST:
~
VICKI KASAD, CITY CLERK
By:
VICKI KASAD
APPROVED AS TO FORM:
V AN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.C.
City Attorney
By:
BARBARA ZEID LEIBOLD
.....,
17
~QENb~ITEM NO. :11
PAGEM OF <1(1
~
Dated:
~
~
,2004
"SOUTH SHORE"
SOUTH SHORE PROPERTIES, LLC, a
Nevada limited liability company
By:
By:
18
Robert J. Krause, Manager
Jeannie Watson, Manager
!Tr-M NO .it -,
AGENDA . c:. . .
PAGE:E.~ Of.1iL-
ATTACHMENT NO.1
....."
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Attention: City Clerk
)
)
)
)
)
)
)
RECORDER'S OFFICE USE ONLY
FREE RECORDING
This instrument is for the benefit of the City of Lake
Elsinore and is entitled to be recorded without fee.
(Government Code Section 6103)
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTH
SHORE PROPERTIES, LLC., a Nevada limited liability company, hereby REMISES,
RELEASES AND FOREVER QUITCLAIMS to the CITY OF LAKE ELSINORE, a California
municipal corporation, that certain real property described in Exhibit "A" attached hereto and
incorporated herein by this reference, located in the City of Lake Elsinore, County of Riverside, State
of California.
.......,
SOUTH SHORE PROPERTIES, LLC, a
Nevada limited liability company
Dated:
, 2004
By:
Robert J. Krause, Manager
By:
Jeannie Watson, Manager
AQENOA ITEM NO. .:3/1
. PAGE-~OF qo
. .......,
Quitclaim Deed
031004
",-.
~
~
EXHIBIT" A"
DESCRIPTION OF PROPERTY
[To Be Inserted]
Quitclaim Deed
31
AaENDA ITEM NO. . ...
PAGE~ OF _f~004
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
....,
State of California )
County of ) SS
On , before me,
personally appeared
NAME(S) OF SIGNER(S)
personally known to me (OR(
proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in hislher/their
authorized capacity/ies, and that by hislher/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which person(s) acted, executed
the instrument.
Witness my hand and official seal.
DADV ANCE \u2D SIGNATURE OF NOTARY
~
OPTIONAL
Although the data below is OPTIONAL, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
Capacity claimed by signer:
DADV ANCE \d6D( Individual
( Corporate Officer(s)
( Partner(s)
(General (Limited
( Attorney-in-fact
( Trustee(s)
( Guardian/Conservator
( Other:
Signer is representing:
Name ofPerson(s) or Entity(ies)
Description of Attached Document:
....,
AGENDA ITEM NO.. 31 JL
PAGE~ OF q 0
,-.. Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
,.-.
,-..
AGENDA ITEM NO. ~_..._
'- PAC~:;!t OF.<~qo_
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
~
THIS IS TO CERTIFY that the interest in real property conveyed by THE WITHIN INSTRUMENT
to the CITY OF LAKE ELSINORE, a California municipal corporation ("City"), is hereby
accepted by the undersigned officer on behalf of the City pursuant to authority conferred by
Resolution No. and the City consents to recordation thereof by its duly authorized officer.
Dated this _ day of
, 2004.
CITY OF LAKE ELSINORE, a California
municipal corporation
By:
Richard Watenpaugh
~
~
AGENDA ITEM NO. 31
PAGEalLOF 9'0
~
ATTACHMENT NO.2
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
)
)
)
)
)
)
)
RECORDER'S OFFICE USE ONLY
FREE RECORDING
This instrument is for the benefit of the City of Lake
Elsinore and is entitled to be recorded without fee.
(Government Code Section 6103)
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Attention: City Clerk
QUITCLAIM DEED
~
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF
LAKE ELSINORE, a California municipal corporation, hereby REMISES, RELEASES AND
FOREVER QUITCLAIMS to SOUTH SHORE PROPERTIES, LLC, a Nevada limited liability
company, that certain real property described in Exhibit "A" attached hereto and incorporated herein
by this reference, located in the City of Lake Elsinore, County of Riverside, State of California.
Dated:
, 2004
CITY OF LAKE ELSINORE,
a municipal corporation
By:
Mayor
,......
AGENDA ITEM NO. ~~1 __
PAGE 3..L. OF io
EXHIBIT" A"
DESCRIPTION OF PROPERTY
[To Be Inserted]
'-'
'-'
'-'
;;(,.1
1',t.'1t-,_O. '..-- .....~- . v
'AGENDA ITEM NO.
PAGE3~OF q/J
,.,.....
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of ) ss
On
before
me,
personally
appeared
NAME(S) OF SIGNER(S)
personally known to me (OR(
proved to me on the basis of satisfactory
evidence to be the person( s) whose name( s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity/ies, and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which person(s)
acted, executed the instrument.
Witness my hand and official seal.
/"""'
-
DADV ANCE \u2D SIGNATURE OF NOTARY
OPTIONAL
Although the data below is OPTIONAL, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
Capacity claimed by signer:
DADV ANCE \d60( Individual
( Corporate Officer(s)
( Partner(s)
(General (Limited
( Attorney-in-fact
( Trustee(s)
( Guardian/Conservator
( Other:
".-.
Signer is representing:
Name ofPerson(s) or Entity(ies)
3~
AW!NDA ITEM NO. ,,,..~.....'"_
, PAGE ze OF 90."
...."
Description of Attached Document:
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
......."
..GENoA ITEM NO. :31-
.'PAGEf1!/:- OF ()
...."
'"
ATTACHMENT NO.3
[RESERVED)
~
,--...
31
AGENDA ITEM NO. ....,.
PAGE~5 OF~q()
ATTACHMENT NO.4
~
FIRST AMENDMENT TO LDA
[TO BE INSERTED]
'--'
~
fAGENOAITEM NO. 31
PAGE~OF fo
~
"......-
~.
ATTACHMENT NO. 5
INSURANCE
[TO BE PROVIDED BY DEVELOPER PRIOR TO EXECUTION OF
AGREEMENT BUT IN NO EVENT LESS THAN $1 MILLION GENERAL
LIABILITY COVERAGE]
Quitclaim Deed
AGENDA ITEM NO. 31 .
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.1'AeENOA ITEM No.31 ........,
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ATTACHMENT NO.6
PROMISSORY NOTE
Loan Amount: $
April _, 2004
Lake Elsinore, California
/"'"
FOR VALUE RECEIVED, SOUTH SHORE PROPERTIES, LLC, a Nevada
limited liability company (the "Borrower") promises to pay to the LAKE ELSINORE
PUBLIC FINANCE AUTHORITY, ("Authority"), or order, the principal sum of
Dollars ($ ) plus interest on the outstanding
principal balance and any contingent deferred interest, in accordance with the terms and
conditions set forth herein. This Note evidences the obligation of Borrower to Authority for
the repayment of Delinquent Special Taxes pursuant to that certain Temporary Land Transfer
Agreement between the Authority and Borrower of even date herewith (the "Agreement"),
incorporated herein, in connection with the City of Lake Elsinore's acquisition and
rehabilitation ofthe Parcels (herein referred to as the "Property") and release of the existing
lien ofDeliquent Special Taxes. All capitalized terms unless otherwise defined herein shall
have the same meaning as set forth in the Agreement.
1. Definitions.
"Affiliate" shall mean any person or entity directly or indirectly, through one or more
intermediaries, controlling, controlled by or under common control with Borrower which, if
Borrower is a partnership or limited liability company, shall include each of the constituent
members or partners, respectively, thereof. The term "control" as used in the immediately
preceding sentence, means, with respect to a person that is a corporation, the right to the
exercise, directly or indirectly, of more than 50% of the voting rights attributable to the
shares of the controlled corporation, and, with respect to a person that is not a corporation,
the possession, directly or indirectly, of the power to direct or cause the direction of the
management or policies of the controlled person.
"Assignment" means any voluntary or involuntary conveyance, disposition,
assignment, taking, casualty, encumbrance, sublease, sale or transfer of the Property,
including, without limitation, any transfer by Borrower of all or any portion of its rights
under or interest in the Property, any unpermitted change of ownership or control of
Borrower, any condemnation or taking ofthe Property or any portion thereof, any event of
damage to or destruction of the Property, any foreclosure of Borrower's interest in the
Property, whether by judicial proceedings, or by virtue of any power contained in a deed of
trust, indenture or other instrument creating a lien against the Property, or any assignment of
,-.. Borrower's estate in the Property through, or in lieu of, foreclosure or other appropriate and
bona fide proceedings in the nature thereof; provided, however, that the term "Assignment"
AGENDA ITEM NO. 31 _
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as used herein shall not include (i) any permitted transfer as set forth in Section 10 hereof or
(H) any bonafide transfers of an ownership interest in Borrower to any Affiliate of Borrower,
so long as the consideration paid to the selling partner, member or shareholder on account of
such transfer shall not exceed the actual amount paid by such partner, member or shareholder
for its ownership interest plus reimbursement for any out-of-pocket expenses incurred by
such partner, member or shareholder in connection with its acquisition of such ownership
interest.
"Net Proceeds" shall mean (a) the proceeds received, directly or indirectly, by
Borrower or any Affiliate or constituent member or partner, or majority shareholder, of
Borrower as a result of an Assignment, including, without limitation, cash, the amount of any
monetary lien or encumbrance assumed or taken subject to by the assignee, the fair market
value of any non-cash consideration, including the present value of any promissory note
received as part of the proceeds of such Assignment (such present value to be determined
based upon a discount rate reasonably satisfactory to Authority), the entire condemnation
award or compensation payable to Borrower or any Affiliate or constituent member or
partner, or majority shareholder, of Borrower in connection with a condemnation or taking in
eminent domain of any part ofthe Property or any interest therein, all insurance proceeds or
awards payable to Borrower or any Affiliate or constituent member or partner or majority
shareholder of Borrower in connection with any damage to or destruction of the Property or
any part thereof; less (b) the sum of (i) the actual, documented and reasonable expenses of
effecting such Assignment, including reasonable brokerage commissions, title insurance
premiums, documentary transfer taxes, and reasonable attorneys' fees, in each case actually
paid in connection with the Assignment (provided that no deduction shall be allowed for
payments to an Affiliate ofthe person or entity making the Assignment which are in excess
of the amount that would be paid for the same or equivalent services in an arms' length
transaction between unrelated parties acting reasonably), and (H) the amount of any proceeds
of the Assignment paid (excluding voluntary payments) towards the then-outstanding balance
of the Senior Financing. Notwithstanding anything above which is or appears to be to the
contrary, the permissible deductions for purposes of calculating the Net Proceeds of an
Assignment shall not include any foreign, U.S., state or local income taxes, franchise taxes,
or other taxes based on income.
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"Term" shall mean the time from the date of this Note until the earlier to occur of: (i)
the Maturity Date; (H) repayment in full of all principal and interest due hereunder; or (Hi)
such other date, as agreed to in writing by the Authority, upon which the Authority releases
all of its rights under the Agreement, the Deed of Trust and this Note.
2. Release of Delinquent Special Taxes. Interest and Repayment.
2.1 Release of Delinquent Special Taxes. The Authority shall cause the release of
the existing lien of Delinquent Special Taxes against the Property and such obligation shall
thereafter be evidenced by the Note. ....."
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2.2 Basic Interest Rate. Except as provided in section 2.6 below, the disbursed and
unpaid principal balance ofthis Note shall bear interest commencing on the date on which
the lien of Delinquent Special Taxes against the Property is release and ending on that this.
Note is paid in full, at the rate often percent (10%) per annum, compounded annually (the
"Basic Interest Rate"). The Basic Interest Rate shall be computed on the basis of actual
number of days elapsed and a 360-day year.
2.3 Payment Dates and Amounts.
(a) Maturity Date. Notwithstanding any other provision of this Note, the
outstanding principal balance of Dollars ($ ) together
with any outstanding interest due thereon and any other sums payable under this Note shall
be due and payable in full on December 3,2007.
(b) Prepayment Option. Borrower shall have the right to prepay the
outstanding principal balance of Dollars ($ ) together with
any outstanding interest due thereon and any other sums payable under this Note on the
condition that Borrower timely pay the following two payments, satisfaction of which shall
be deemed to fully satisfy the payment provisions of this Note.
(i) Payment to the Authority of Three Hundred Nineteen Thousand
Five Hundred Dollars ($319,500) payable within ten (10) days following approval of
Tentative Map 31593 but in not event later than December 31,2004; and
(ii) Payment to the Authority of One Million F our Hundred Twenty
Thousand Dollars ($1,420,000) payable within ten (10) days following approval of Tentative
Map 31593 but in no event later than December 2, 2007; provided, however, that South
Shore shall be entitled to reduce such amount by fifteen percent (15%) (that is, a payment of
$1,207,000) on the condition that such payment is made no later than December 31, 2004.
2.4 Default Rate. Any amounts (including but not limited to amounts ofprincipal
and interest on the Authority Loan) which Borrower does not pay when otherwise due under
the terms of this Note, shall bear interest at the rate of the lesser often percent (10%) or the
maximum rate allowed per law per annum ("Default Rate"), simple interest, from the date
which is ten (10) days after such amount would otherwise be due until the date paid.
2.5 Conditions Precedent to Release of Lien of Delinquent Special Taxes. The
Authority's release of the lien of Delinquent Special Taxes is subject to satisfaction ofthe
following conditions precedent:
(a) This Note, the Deed of Trust and Subordination Agreement
(collectively, the "Authority Loan Document") shall have been duly executed and recorded as
appropriate as liens against the Property such that the Deed of Trust is in a first lien priority
position to other lenders.
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AGENDA ITEM NO. ___ ~
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(b) Authority shall have received title insurance, or evidence of a
commitment therefor satisfactory to Authority counsel, issued by the Title Company as
provided in Section _ of the Agreement, and with such endorsements as Authority may
reasonably require, naming Authority as the insured, in a policy amount of not less than the
principal amount of the Note, showing Borrower as the fee owner of the Property and
insuring that the Deed of Trust will be a valid lien on the Property and superior to such senior
liens as set forth in the Subordination Agreement.
(c) The representations of Borrower contained in the Agreement shall be
correct as ofthe date of the first disbursement as though made on and as of that date and, if
requested by the Executive Director, Authority shall have received a certificate to that effect
signed by Borrower.
(d) No Event of Default by Borrower shall then exist, and no event shall
have occurred which, with the giving of notice or the passage of time or both, would
constitute an Event of Default by Borrower and, if requested by Executive Director,
Authority shall have received a certificate to that effect signed by Borrower.
(e) Borrower shall have provided proof of insurance as set forth in Section
_ of the Agreement.
3. Acceleration. The entire outstanding principal balance ofthe Note, together with any
outstanding interest and other amounts payable thereunder, shall, at the election of Authority ~
and upon notice to Borrower thereof, become immediately due and payable without
presentment, demand, protest or other notice of any kind, all of which are hereby waived by
Borrower, if:
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(a) Notwithstanding the payment terms set forth in Section 2 above, upon the
occurrence of any "Event of Default" as set forth in Section 11 below; or
(b) Borrower sells or transfers the Property, including, without limitation, lease,
exchange or other disposition of the Property or any interest therein, whether voluntary or
involuntary, except a sale or transfer which under federal law would not, by itself, permit the
Borrower to exercise a due on sale or due on encumbrance clause except for such transfer as
is contemplated in the Agreement.
4. Security and Source of Payment.
Borrower's obligations under this Note and the Agreement shall, at all times during
which any amount remains outstanding hereunder, be secured by that certain long term deed
of trust ("Deed of Trust") of even date herewith, and of which Authority is the beneficiary,
recorded against Borrower's fee interest in the Property. The security interest in the Property
granted to Authority pursuant to the Deed of Trust shall be subordinate only to the Senior
Financing to which Authority has expressly subordinated and such exceptions to title shown
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in the title report for the Property which are approved in writing by Authority. Neitherthe
Borrower nor any partner of the Borrower shall have any direct or indirect personal liability
for payment of the principal of, or interest on, this Note. The sole recourse of the Authority
with respect to the principal of, or interest on, this Note shall be to the Property securing the
indebtedness evidenced by this Note. No judgment, or execution thereon, entered in any
action, legal or equitable, on this Note or the Deed of Trust securing this Note shall be
enforced personally against the Borrower or, if the Borrower shall be a partnership, any
partner of the Borrower, but shall be enforced only against the Borrower and such other or
further security as, from time to time, may be hypothecated for this Note; provided, however,
that nothing contained in the foregoing limitation of liability shall (a) limit or impair the
enforcement against all such security for this Note of all the rights and remedies of the
Authority, or (b) be deemed in any way to impair the right of the Authority to assert the
unpaid principal amount of this Note as a demand for money within the meaning and
intendment of Section 431.70 of the California Code of Civil Procedure or any successor
provision thereto. The foregoing limitation of liability is intended to apply only to the
obligation for the repayment of the principal of, and payment of interest on this Note; nothing
contained therein is intended to relieve the Borrower and, if Borrower is a partnership, any
general partner of Borrower of liability for (i) fraud or willful misrepresentation; (ii) the
failure to pay taxes, assessments or other charges which may create liens on the real property
,,-... described in the Authority Loan Documents that are payable or applicable prior to any
foreclosure- under the Deed of Trust (to the full extent of such taxes, assessments or other
charges); (iii) the retention of any rental income or other income arising with respect to the
Property collected by Borrower after the Authority has given any notice that Borrower is in
default to the full extent of the rental income or other income retained and collected by
Borrower after the giving of any such notice; (iv) the fair market value as of the time of the
giving of any notice referred to in subparagraph (iii) above of any personal property or
fixtures removed or disposed of by Borrower other than in accordance with the Authority
Loan Documents after the giving of any notice referred to above; and (v) the misapplication
of any proceeds under any insurance policies or awards resulting from condemnation or the
exercise of the power of eminent domain or by reason of damage, loss or destruction to any
portion of the Property; and (vi) breach of any environmental covenant or representation
made by the Borrower relating to the Property.
5. Obligation of Borrower Unconditional.
The obligation of Borrower to repay the Authority Loan and all accrued interest
thereon shall be absolute and unconditional, and until such time as all of the outstanding
principal of and interest on this Note shall have been fully paid, Borrower agrees that it: (a)
will use the funds solely for the purposes set forth herein; and (b) will not terminate or
suspend any payment or obligations under this Note, the Agreement, or any other document
r-. executed hereunder or in connection herewith for any cause, including without limitation, any
acts or circumstances that may constitute failure of consideration, commercial frustration of
31
AQENDA ITEM NO. ~ _,
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purpose, or any duty, liability or obligation arising out of or in connection with this Note, the "-""
Agreement or any document executed hereunder or in connection herewith.
6. Purpose of Note.
The Authority Loan proceeds shall be used by Borrower as provided in the Agreement
and for such other uses previously approved in writing by Authority. In no event shall
Borrower use or otherwise invest the proceeds of the Authority Loan except as expressly
provided in this Note.
7. Covenants of Borrower.
As additional consideration for the making of this Note by Authority, Borrower
covenants as follows:
7.1 Compliance with Agreement and Deed of Trust. Borrower shall comply with
all of its obligations under the Agreement and the Deed of Trust. Any amounts payable by
Borrower under the Agreement or the Deed of Trust (other than amounts also payable
hereunder) shall be deemed added to the principal amount of this Note payable hereunder.
7.2 Other Loans. Borrower shall comply with all monetary and non-monetary
covenants associated with any loan secured by an interest in the Property. Borrower shall
provide to ~uthority a copy of any notice of default within five business days after receiving
any notice of a default or alleged default of such covenants by Borrower, and Borrower shall
promptly cure any such default and cooperate in permitting Authority, to the extent Authority
in its sole discretion elects to do so, to cure or assist in curing the default. Any cost or
expenditure incurred by Authority in providing or assisting in such a cure shall be deemed
added to the outstanding principal amount of the Authority Loan.
8. Assignment of this Note.
This Note shall be assignable by Borrower only if Borrower obtains the prior express
written consent of Authority, which consent may be withheld by Authority in its sole
discretion. Notwithstanding anything which may be or appear to be herein to the contrary, no
purported assignment of this Note and/or the Authority Loan shall be effective if such
assignment would violate the terms, conditions and restrictions of any Governmental
Regulations. Authority's consent to such assignment shall be expressly conditioned upon (a)
the assignee's execution of such documents as required by Authority including, without
limitation, any and all documents deemed necessary by Authority to provide for said
assignee's assumption of all of the obligations of Borrower hereunder and under the
Authority Loan Documents, and (b) Authority's approval of the financial and credit
worthiness of such proposed assignee.
''AGENDA ITEM wo. 31
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9. Events of Default and Remedies.
9.1 Borrower Events of Default. The occurrence of any of the following shall,
after the giving of any notice described therein, constitute an event of default by Borrower
hereunder ("Event of Default"):
(a) The failure of Borrower to payor perform any monetary covenant or
obligation under the terms of this Note, the Agreement or the Deed of Trust, without curing
such failure within ten (10) days after receipt of written notice of such default from Authority
(or from any party authorized by Authority to deliver such notice as identified by Authority in
writing to Borrower).
(b) The failure of Borrower to perform any non-monetary covenant or
obligation hereunder or under this Note, the Agreement or the Deed of Trust, without curing
such failure within thirty (30) days after receipt of written notice of such default from
Authority (or from any party authorized by Authority to deliver such notice as identified by
Authority in writing to Borrower) specifying the nature of the event or deficiency giving rise
to the default and the action required to cure such deficiency. Provided, however, that if any
default with respect to a non-monetary obligation is such that it cannot be cured within a 30-
day period, it shall be deemed cured if Borrower commences the cure within said 30-day
period and diligently prosecutes such cure to completion thereafter. Notwithstanding
anything h~rein to the contrary, the herein described notice requirements and cure periods
shall not apply to any Event of Default described in Sections 9.I(c) through 9.1 (h) below;
(c) The material falsity of any representation or breach of any warranty or
covenant made by Borrower under the terms of this Note, the Agreement or the Deed of
Trust;
(d) Borrower or any constituent member or partner, or majority shareholder,
of Borrower shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator
or custodian or the like of its property, (ii) fail to payor admit in writing its inability to pay
its debts generally as they become due, (iii) make a general assignment for the benefit of
creditors, (iv) be adjudicated a bankrupt or insolvent or (v) commence a voluntary petition
that is not withdrawn within ten (10) days of the filing thereof or answer seeking an
arrangement with creditors or an order for relief or seeking to take advantage of any
insolvency law or file an answer admitting the material allegations of a petition filed against
it in any bankruptcy or insolvency proceeding;
(e) If without the application, approval or consent of Borrower, a
proceeding shall be instituted in any court of competent jurisdiction, under any law relating
to bankruptcy, in respect of Borrower or any constituent member or partner or majority
shareholder of Borrower, for an order for relief or an adjudication in bankruptcy, a
"'" composition or arrangement with creditors, a readjustment of debts, the appointment of a
trustee, receiver, liquidator or custodian or the like of Borrower or of all or any substantial
AGENDA ITEM NO 31
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part of Borrower's assets, or other like relief in respect thereof under any bankruptcy or
insolvency law, and, if such proceeding is being contested by Borrower, in good faith, the
same shall (i) result in the entry of an order for relief or any such adjudication or
appointment, or (ii) continue undismissed, or pending and unstayed, for any period of ninety
(90) consecutive days;
(f) Voluntary cessation of the operation of the Property for a continuous
period of more than thirty (30) days or the involuntary cessation of the operation of the
Property for a continuous period of more than sixty (60) days;
(g) A transfer, in violation of Section _ of the Agreement;
(h) Subject to the notice and cure provisions set forth in the Agreement,
Borrower shall be in default under the terms of the Affordable Housing Regulatory
Agreement, Senior Financing, junior financing, other financing, or any other secured or
unsecured obligation relating to the Property, unless the default is cured within the cure
period, if any, applicable thereto under the terms and obligation which is in default.
9.2 Authority Remedies. Upon the occurrence of an Event of Default hereunder,
Authority may, in its sole discretion, take anyone or more of the following actions:
(a) By notice to Borrower, except in the case of a default by Borrower under
Section 9 .1 (c) or Section 9.1 (d) in which event no notice shall be required, declare the entire
then unpaid principal balance ofthe Authority Loan immediately due and payable, and the
same shall become due and payable without further demand, protest or further notice of any
kind, all of which are expressly waived. Upon such declaration, outstanding principal and (to
the extent permitted by law) interest and any other sums outstanding in connection with the
Authority Loan shall thereafter bear interest at the Default Rate, payable from the date of
such declaration until paid in full;
(b) Subject to the nonrecourse provisions of Section 6 above, take any and
all actions and do any and all things which are allowed, permitted or provided by law, in
equity or by statute, in the sole discretion of Authority, to collect the amounts then due and
thereafter to become due hereunder, to exercise its rights under the Deed of Trust, and to
enforce performance and observance of any obligation, agreement or covenant of the
Borrower under this Note, the Agreement or under any other document executed in
connection herewith;
( c) Subject to the nonrecourse provision of Section 6 above, upon the
occurrence of an Event of Default which is occasioned by Borrower's failure to pay money,
Authority may, but shall not be obligated to, make such payment. If such payment is made
by Authority, Borrower shall deposit with Authority, upon written demand therefor, such sum
plus interest at the Default Rate. In either case, the Event of Default with respect to which
any such payment has been made by Authority shall not be deemed cured until such
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repayment (as the case may be) has been made by Borrower. Until repaid, such amounts
shall have the security afforded disbursements under this Note;
(d) Subject to the nonrecourse provisions of Section 6 above, upon the
occurrence of an Event of Default described in Section 9 .1 (d) or 9.1 ( e) hereof, Authority
shall be entitled and empowered by intervention in such proceedings or otherwise to file and
prove a claim for the whole amount owing and unpaid on the Authority Loan and, in the case
of commencement of any judicial proceedings, to file such proof of claim and other papers or
documents as may be necessary or advisable in the judgment of Authority and its counsel to
protect the interests of Authority and to collect and receive any monies or other property in
satisfaction of its claim.
9.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to
Authority intended to be exclusive of any other available remedy or remedies, but each such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Note or now existing at law or in equity or by statute; and may be exercised in such number,
at such times and in such order as Authority may determine in its sole discretion. No delay or
omission to exercise any right or power upon the occurrence of any Event of Default
hereunder shall impair any such right or power or shall be construed to be a waiver thereof,
but any such right and power may be exercised from time to time and as often as may be
~ deemed expedient by Authority. In order to entitle Authority to exercise any right or remedy
reserved toit under this Note, no notice shall be required except as expressly provided herein.
9.4 Authority Default and Borrower Remedies. The occurrence of any of the
following shall, after the giving of any notice described therein, constitute an event of default
by Authority hereunder ("Event of Default"):
(a) The failure of Authority to payor perform any monetary covenant or
obligation under the terms of this Note, the Agreement or the Deed of Trust.
(b) The failure of Authority to perform any non-monetary covenant or
obligation under this Note, the Agreement or the Deed of Trust, without curing such failure
within thirty (30) days after receipt of written notice of such default from Borrower (or from
any party authorized by Borrower to deliver such notice as identified by Borrower in writing
to Authority) specifying the nature of the event or deficiency giving rise to the default and the
action required to cure such deficiency. Provided, however, that if any default with respect
to a non-monetary obligation is such that it cannot be cured within a 3D-day period, it shall be
deemed cured if Authority commences the cure within said 3D-day period and diligently
prosecutes such cure to completion thereafter.
Upon fault or failure of Authority to meet any of its obligations under this Note or
without curing such failure within thirty (30) days after receipt of written notice of such
failure from Borrower specifying the nature of the event or deficiency giving rise to the
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default and the action required to cure such deficiency, Borrower may, as its sole and
exclusive remedies:
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( a) Demand and obtain payment from Authority of any sums due to or for
the benefit of Borrower pursuant to the express terms of this Note;
(b) Bring an action in equitable relief seeking the specific performance by
Authority ofthe terms and conditions of this Note or seeking to enjoin any act by Authority
which is prohibited hereunder; and/or
(c) Bring an action for declaratory relief seeking judicial determination of
the meaning of any provision of this Note.
Without limiting the generality ofthe foregoing, Borrower shall in no event be
entitled to, and hereby waives, any right to seek consequential damages of any kind or nature
from Authority arising out of or in connection with this Note, and in connection with such
waiver Borrower is familiar with and here~y waives the provision of Section 1542 of the
California Civil Code which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HA VB
MA TERIALL Y AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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12. Agreement to Pay Attorneys' Fees and Expenses.
In the event that either party hereto brings any action or files any proceeding in
connection with the enforcement of its respective rights under this Note or the Deed of Trust,
as a consequence of any breach by the other party of its obligations thereunder, the prevailing
party in such action or proceeding shall be entitled to have its reasonable attorneys' fees and
out-of-pocket expenditures paid by the losing party. The attorneys' fees so recovered shall
include fees for prosecuting or defending any appeal and shall be awarded for any
supplemental proceedings until the final judgment is satisfied in full. In addition to the
foregoing award of attorneys' fees, the prevailing party in any lawsuit on this Note or the
Deed of Trust shall also be entitled to its attorneys' fees incurred in any post-judgment
proceedings to collect or enforce the judgment. In addition to the foregoing, Borrower agrees
to payor reimburse Authority, upon demand by Authority, for all costs incurred by Authority
in connection with enforcement of this Note or the Deed of Trust, including without
limitation, reasonable attorneys' fees and costs, ifthere shall be filed by or against Borrower
any proceedings under any federal or state bankruptcy or insolvency laws, whether Authority
is a creditor in such proceedings or otherwise.
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13. Conflict ofInterest No Individual Liability.
No official or employee of Authority shall have any personal interest, direct or
indirect, in this Note, nor shall any official or employee of Authority participate in any
decision relating to this Note which affects such official's or employee's pecuniary interest in
any corporation, partnership or association in which such official or employee is directly or
indirectly interested. No official or employee of Authority shall be personally liable in the
event of a breach of this Note by Authority.
14. Amendments. Changes and Modifications.
This Note may not be amended, changed, modified, altered or terminated without the
prior written consent of the parties hereto.
15. Notices.
All notices, demands, requests, elections, approvals, disapprovals, consents or other
communications given under this Note shall be in writing and shall be given by personal
delivery, certified mail, return receipt requested, or overnight guaranteed delivery service and
addressed as follows:
If to the Authority:
/"'"'
Public Finance Authority of the City of Lake Elsinore
Atln: City Manager
130 S. Main Street
Lake Elsinore, CA 92530
With copies to:
Van Blarcom, Leibold, McClendon & Mann, P.C.
Attn: Barbara Zeid Leibold, City Attorney
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
FAX No. (949) 457-6305
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If to Borrower:
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South Shore Properties, LLC
Attn: Robert J. Krause/Jeannie Watson, Manager
236 S. Rainbow Blvd., Suite 311
Las Vegas, NV 89145
Notices shall be effective upon the earlier of receipt or refusal of delivery. Each party
shall promptly notify the other party of any change( s) of address to which notice shall be sent
pursuant to this Note.
16. Severability.
The invalidity or unenforceability of anyone or more provisions of this Note will in
no way affect any other provisions.
17. Interpretation.
Whenever the context requires, all words used in the singular will be construed to
have been used in the plural, and vice versa, and each gender will include any other gender.
The captions of the paragraphs of this Note are for convenience only and do not define or
limit any terms or provisions. Time is of the essence in the performance of this Note by
Borrower. Each party hereto has been represented by counsel in the negotiation ofthis Note, "'-"
and it shall not be interpreted in favor of or against any party on account of relative
responsibilities in drafting. Notwithstanding any other provision of this Note, nothing herein
or in this Note shall be deemed to require Borrower to pay interest in an amount in excess of
any applicable usury law or other legal limitation on interest, and the terms ofthis Note shall
be interpreted to require in each instance the lesser of (a) the amount stated in this Note, and
(b) the maximum applicable legal limit.
18. No Waiver; Consents.
Any waiver by Authority must be in writing and will not be construed as a continuing
waiver. No waiver will be implied from any delay or failure by Authority to take action on
account of any default of Borrower. Consent by Authority to any act or omission by
Borrower will not be construed to be a consent to any other or subsequent act or omission or
to waive the requirements for Authority's consent to be obtained in any future or other
instance.
19. Governing Law.
This Note shall be governed by the laws of the State of California.
20. Representations and Warranties of Borrower.
""
,r.""AtlENOAITEMNO. 31
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Borrower hereby warrants and represents to Authority that:
20.1. Organization and Standing. Borrower is a California legal entity as described
in the Agreement, duly organized, qualified to operate in California and validly existing and
in good standing under all applicable laws, and has all requisite power and authority to enter
into and perform its obligations under this Note, the Agreement, the Deed of Trust, the
Regulatory Agreement and all other documents executed in connection herewith.
20.2 Enforceability. This Note and all other instruments to be executed by Borrower
in connection with the Authority Loan constitute the legal, valid and binding obligation of
Borrower, without joinder of any other party.
20.3. Authorization and Consents. The execution, delivery and performance ofthis
Note and all other instruments to be executed in connection herewith is consistent with the
operating agreement, partnership agreement or articles and bylaws governing Borrower and
have been duly authorized by all necessary action of Borrower's members, partners,
directors, officers and shareholders.
20.4 Due and Valid Execution. This Note and all other instruments to be executed
in connection herewith, will, as of the date of their execution, have been duly and validly
,...... executed by Borrower.
20.5 Licenses. Borrower will obtain and maintain all material licenses, permits,
consents and approvals required by all applicable governmental authorities to own and
operate the Property.
20.6. Litigation and Compliance. To the best of Borrower's knowledge, there are no
suits, other proceedings or investigations pending or threatened against, or affecting the
business or the properties of Borrower (other than those as have been previously disclosed in
writing to Authority) which could materially impair its ability to perform its obligations
under this Note, nor is Borrower in violation of any laws or ordinances which could
materially impair Borrower's ability to perform its obligations under this Note.
20.7. Default. To Borrower's current actual knowledge, there are no facts now in
existence which would, with the giving of notice or the lapse of time, or both, constitute an
"Event of Default" hereunder, as described in Section 9.
20.8. No Violations. To the best of Borrower's knowledge, the execution and
delivery of this Note, the Agreement and all other documents executed or given thereunder,
and the performances hereunder and thereunder by Borrower, as applicable, will not
constitute a breach of or default under any instrument or agreement to which Borrower may
~ be a party nor, to the best of Borrower's knowledge, will the same constitute a breach of or
violate any law or governmental regulation.
AQENOA ITEM NO. 31
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21. Approvals.
-..."
Except with respect to those matters set forth hereinabove providing for Authority's
approval, consent or determination to be at Authority's "sole discretion" or "sole and
absolute discretion," Authority hereby agrees to act reasonably with regard to any approval,
consent, or other determination given by Authority hereunder. Authority agrees to give
Borrower written notice of its approval or disapproval following submission of items to
Authority for approval, including, in the case of any disapproved item, the reasons for such
disapproval.
Any review or approval of any matter by the Authority or any Authority official or
employee under this Note shall be solely for the benefit of Authority, and neither Borrower
nor any other person shall rely upon such review or approval as an indication ofthe wisdom,
soundness, safety, appropriateness, or presence or absence of any matter. Without limiting
the generality of the foregoing, Borrower and not Authority shall be solely responsible for
assuring compliance with laws, the suitability of the Property for any proposed project, the
adequacy of the plans, and the safety ofthe Property, any completed project on the Property,
and the operation thereof.
22. Good Faith and Fair Dealing.
Authority and Borrower agree to perform all of their obligations and the actions -..."
required of each hereunder in good faith and in accordance with fair dealing.
23. Waiver.
Borrower agrees that it will still be liable for repayment of this Note, even if the
holder hereof does not follow the procedures of presentment, protest, demand, diligence,
notice of dishonor and of nonpayment, which requirements are hereby waived. Failure of
Authority or other holder hereof to exercise any right or remedy hereunder shall not
constitute a waiver of any future or other default. No acceptance of a past due installment or
indulgence granted from time to time shall be construed to be a waiver of, or to preclude the
exercise of, the right to insist upon prompt payment thereafter or to impose late charges
retroactively or prospectively, or to waiver or preclude the exercise of, the right to insist upon
prompt payment thereafter or to impose late charges retroactively or prospectively, or to
waive or preclude the exercise of any other rights which Authority may have.
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IN WITNESS WHEREOF, Borrower has executed this Note as of the date and year
first above written.
BORROWER:
SOUTH SHORE PROPERTIES, LLC, a
Nevada limited liability company
Dated:
, 2004
By:
Robert J. Krause, Manager
By:
Jeannie Watson, Manager
AWENOA ITEM No._31 _
rAGE.~. OF~t2.~~
~QENOA ITEM NO. 31 ..
PAGE.ff!t. OF !It)
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ATTACHMENT NO.7
DEED OF TRUST
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: )
)
)
)
)
)
)
)
)
(Space above for Recorder's Use Only)
This document is exempt from the payment of a recording fee
pursuant to Government Code Section 6103.
DEED OF TRUST, FIXTURE FILING AND ASSIGNMENT OF RENTS
~
THIS DEED OF TRUST, FIXTURE FILING AND ASSIGNMENT OF RENTS
("Deed of Trust") is made as of , 2004, by SOUTH SHORE
PROPERTIES, LLC, a Nevada limited liability company ("Trustor"), whose address is
236 S. Rainbow Blvd, #311, Las Vegas, NY 89145 to FIRST AMERICAN TITLE
COMPANY, located at 3625 Fourteenth Street, Riverside, CA 92501 ("Trustee"), for the
benefit ofthe LAKE ELSINORE PUBLIC FINANCE AUTHORITY ("Beneficiary").
THIS DEED OF TRUST is given, inter alia, for the purpose of securing (i) the
obligation of Trustor to repay Beneficiary that certain loan in the amount of
($ ) made by Beneficiary for the
benefit of Trustor (the "Authority Loan"), evidenced by that certain Promissory Note of even
date herewith (the "Note") and made in accordance with that certain Temporary Land
Transfer Agreement (the "Agreement"); (ii) the performance of Trustor's obligations
thereunder and under this Deed of Trust as hereinafter defined; and (iii) payment ofinterest
and other amounts due and payable pursuant to and in accordance with the terms and
conditions of the Note. The Authority Loan shall be made in release of the lien of certain
delinquent special taxes against certain real property located in the City of Lake Elsinore (the
"Property"). The Property is more particularly described in Exhibit "A" attached hereto and
by this reference incorporated herein.
",........
AGENDA ITEM NO. 31 4
PAGE5? OF_q~_
FOR GOOD AND VALUABLE CONSIDERATION, including the financial
assistance herein recited and the trust herein created, the receipt of which is hereby
acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee,
IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and
subject to the terms and conditions hereinafter set forth, the Property;
TOGETHER WITH any and all buildings and improvements now or hereafter
erected on the Property including, without limitation, Trustor's interest in fixtures, tenements,
attachments, appliances, equipment, building systems, machinery, and other articles now or
hereafter attached to the buildings and improvements (collectively, the "Improvements"), all
of which shall be deemed and construed to be a part of the real property;
TOGETHER WITH all earnings, rents, issues, profits, revenue, royalties, income,
proceeds and other benefits, including without limitation prepaid rents and security deposits
(collectively, the "Rents") derived from any lease, sublease, license, franchise or concession
or other agreement (collectively, the "Leases") now or hereafter affecting all or any portion
of the Property or the Improvements or the use or occupancy thereof;
TOGETHER WITH all interests, estates or other claims, both in law and in equity,
which Trustor now has or may hereafter acquire in the Property or the Improvements,
including without limitation, all right, title and interest now owned or hereafter acquired by
Trustor in and to any greater estate in the Property or the Improvements;
TOGETHER WITH all easements, tenements, hereditaments, appurtenances, rights-
of-way and rights now owned or hereafter acquired by Trustor used or useful in connection
with the Property or as a means of access thereto, including, without limiting the generality
of the foregoing, all rights pursuant to any trackage agreement and all rights to the
nonexclusive use of common drive entries, all oil and gas and other hydrocarbons and all
other minerals and water and water rights and shares of stock evidencing the same;
TOGETHER WITH all leasehold estate, right, title and interest of Trustor in and to
all leases, subleases, subtenancies, licenses, franchises, occupancy agreements and other
agreements covering the Property, the Improvements or any portion thereof now or hereafter
existing or entered into, and all right, title and interest of Trustor thereunder, including,
without limitation, all cash or security deposits, prepaid or advance rentals, and deposits or
payments of similar nature;
TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter
acquired in and to any Property lying within the right-of-way of any street, open or proposed,
adjoining the Property and any and all sidewalks, vaults, alloys and strips and gores of
property adjacent to or used in connection with the Property;
IAQENOA lTEM NO. 31
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TOGETHER WITH all the estate, interest, right, title, other claim or demand, both
in law and in equity, including claims or demands with respect to the proceeds of insurance
in effect with respect to the Property, which Trustor now has or may hereafter acquire in the
Property or the Improvements and any and all awards made for the taking by eminent
domain, or by any proceeding of purchase in lieu thereof, of the whole or any part of the
interests described in this Deed of Trust, including, without limitation, any awards resulting
from a change of grade of streets and awards for severance damages.
The entire estate, property and interest hereby conveyed to Trustee may hereafter be
collectively referred to as the "Trust Estate".
FOR THE PURPOSE OF SECURING:
,--.
(a) the payment ofthe sum of Dollars
($ ), with compounding interest at ten percent (10%) per annum and any other
interest due, including, without limitation, any contingent deferred interest, according to the
terms of the Note, and any and all additions, modifications or extensions thereof;
(b) performance of every obligation, covenant and agreement of Trustor
contained in the Agreement and the Note;
(c) payment of all sums advanced by Beneficiary or its successors and
assigns, or Trustee, to enforce the Note, the Agreement, or this Deed of Trust to protect the
Trust Estate upon an Event of Default, with interest thereon at the rate often percent (10%)
per annum (the "Default Rate") pursuant to the terms ofthe Note;
(d) payment and performance of all other obligations of Trustor arising
from any and all existing and future agreements with Beneficiary, or its successors or assigns,
when such agreement recites that the obligations thereunder are secured by this Deed of
Trust.
All initially capitalized terms used herein which are defined in the Agreement shall
have the same meaning herein unless the context otherwise requires.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR
HEREBY COVENANTS AND AGREES AS FOLLOWS:
ARTICLE 1
COVENANTS AND AGREEMENTS OF TRUSTOR
",-..
1.1 Payment of Secured Obligations. Trustor shall immediately pay when due all
amounts secured hereby.
1.2 Maintenance, Repair, Alterations. Trustor (a) shall keep the Property and the
Improvements thereon in good condition and repair in accordance with the Agreement and
AGENDA ITEM NO..__~ 1 oJ
PAGE er1 OF tjO
the Note; (b) shall comply in all material respects with all laws, ordinances, regulations,
covenants, conditions and restrictions now or hereafter affecting the Trust Estate or any part
thereof or requiring any alterations or improvements; (e) shall not commit or permit any
waste or deterioration of the Property; (f) shall not allow changes in the use for which all or
any part of the Property is intended; and (g) shall not initiate or acquiesce in a change in the
zoning classification of the Property without Beneficiary's prior written consent.
1.3 Required Insurance.
(a) Trustor shall at all times provide, maintain and keep in force or cause to
be provided, maintained and kept in force, at no expense to Trustee or Beneficiary, policies
of insurance in accordance with the terms of the Authority Loan Documents in form and
amounts, providing for deductibles, and issued by companies, associations or organizations
covering such casualties, risks, perils, liabilities and other hazards as required by the
Authority Loan Documents or by Beneficiary pursuant thereto.
(b) Trustor shall not obtain separate insurance concurrent in form or
contributing in the event of loss with that required to be maintained hereunder unless
Beneficiary is included thereon under a standard, non-contributory mortgagee clause or
endorsement acceptable to Beneficiary. Trustor shall immediately notify Beneficiary
whenever any such separate insurance is obtained and shall promptly deliver to Beneficiary
the original.policy or policies of such insurance.
(c) Within 90 days following the end of each fiscal year of Trustor, at the
request of Beneficiary, Trustor at Trustor's expense shall furnish such evidence of
replacement costs as the insurance carrier providing casualty insurance for the building(s)
and other improvements on the Property may require to determine, or which such carrier may
provide in determining, the then replacement cost of the building(s) and other improvements
on the Property.
1.4 Delivery of Policies, Payment of Premiums.
(a) At Beneficiary's option Trustor shall furnish Beneficiary with an
original of all policies of insurance required under Section 1.3 above or evidence of
insurance issued by the applicable insurance company for each required policy setting forth
the coverage, the limits ofliability, the name ofthe carrier, the policy number and the period
of coverage, and otherwise in form and substance satisfactory to Beneficiary in all respects.
(b) In the event Trustor fails to provide, maintain, keep in force or deliver to
Beneficiary the policies of insurance required by this Deed of Trust or by any Authority Loan
Documents, Beneficiary may (but shall have no obligation to) procure such insurance or
single-interest insurance for such risks covering Beneficiary's interest and Trustor will pay
all premiums thereon and reimburse Beneficiary for all amounts paid or incurred by it in
connection therewith promptly upon demand by Beneficiary and, until such payment and
AGENDA ITEM NO. 31
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reimbursement is made by Trustor, the amount of all such premiums and amounts paid or
incurred by Beneficiary shall become indebtedness secured by this Deed of Trust and bear
interest at the Default Rate. Following an Event of Default for failure to maintain insurance
in accordance with this Section 1.4 and upon written request by Beneficiary, Trustor shall
deposit with Beneficiary in monthly installments, an amount equal to 1/12 of the estimated
aggregate annual insurance premiums on all policies of insurance required by the Authority
Loan Documents or this Deed of Trust. In such event Trustor further agrees to cause all bills,
statements or other documents relating to the foregoing insurance premiums to be sent or
mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents
evidencing that a premium for a required policy is then payable, and providing Trustor has
deposited sufficient funds with Beneficiary pursuant to this Section 1.4, Beneficiary shall
timely pay such amounts as may be due thereunder out of the funds so deposited with
Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or
will be insufficient to pay such amounts as may be then or subsequently due, Beneficiary
shall notifY Trustor and Trustor shall immediately deposit an amount equal to such deficiency
with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause
Beneficiary to be deemed a trustee of the funds or to be obligated to pay any amounts in
excess of the amount of funds deposited with Beneficiary pursuant to this Section 1.4, nor
shall anything contained herein modifY the obligation of Trustor set forth in Section 1.3
hereof to maintain and keep such insurance in force at all times. Beneficiary may commingle
the reserve -with its own funds and Trustor shall be entitled to no interest thereon.
~.
1.5 Casualties; Insurance Proceeds. Trustor shall give prompt written notice
thereof to Beneficiary after the happening of any casualty to or in connection with the
Property, the Improvements, or any part thereof, whether or not covered by insurance subject
to the provisions of any senior liens, in the event of such casualty, all proceeds of insurance
shall be payable to Beneficiary, whether required by the Authority Loan Documents or
otherwise, and Trustor hereby authorizes and directs any affected insurance company to make
payment of such proceeds directly to Beneficiary. If Trustor receives any proceeds of
insurance resulting from such casualty, whether required by the Authority Loan Documents
or otherwise, Trustor shall promptly pay over such proceeds to Beneficiary. Beneficiary is
hereby authorized and is empowered by Trustor to settle, adjust or compromise any and all
claims for loss, damage or destruction under any policy or policies of insurance. In the event
of any damage or destruction of the Property or the Improvements, Beneficiary shall apply all
loss proceeds remaining after deduction of all expenses of collection and settlement thereof,
including, without limitation, fees and expenses of attorneys and adjustors, to the restoration
of the Improvements, but only as repairs or replacements are effected and continuing
expenses become due and payable and provided all applicable conditions specified in the
Authority Loan Documents with respect thereto have been satisfied. If anyone or more of
such conditions in the Authority Loan Documents has not been met, Beneficiary shall not be
obligated to make any further disbursements pursuant to the Note and Beneficiary shall apply
AGENDA ITEM NO. 31
PAGELof 9o~
all loss proceeds, after deductions as herein provided, to the repayment of any indebtedness """"
thereunder, together with all accrued interest thereon, notwithstanding that the outstanding
balance may not be due and payable and the Agreement shall terminate. Nothing herein .
contained shall be deemed to excuse Trustor from repairing or maintaining the Property and
the Improvements as provided in Section 1.2 hereof or restoring all damage or destruction to
the Property or the Improvements, regardless of whether or not there are insurance proceeds
available to Trustor or whether any such proceeds are sufficient in amount, and the
application or release by Beneficiary of any insurance proceeds shall not cure or waive any
Event of Default nor any notice of default under this Deed of Trust or invalidate any act done
pursuant to such notice.
1.6 Assignment of Policies Upon Foreclosure. In the event offoreclosure of this
Deed of Trust or other transfer of title or assignment of the Trust Estate in extinguishment, in
whole or in part, of the debt secured hereby, all right, title and interest of Trustor in and to all
policies of insurance obtained by Trustor, whether required by the Authority Loan
Documents or otherwise, shall inure to the benefit of and pass to the successor in interest of
Trustor or the purchaser or grantee of the Trust Estate.
1.7 Identification; Subrogation; Waiver of Offset.
(a) If Beneficiary is made a party to any litigation concerning this Deed of
Trust or any ofthe Authority Loan Documents, the Trust Estate or any part thereof or interest
therein, or the occupancy of the Property or the Improvements by Trustor, then Trustor shall
indemnify, defend and hold Beneficiary harmless from all liability by reason of that
litigation, including reasonable attorneys' fees and expenses incurred by Beneficiary as a
result of any such litigation, whether or not any such litigation is prosecuted to judgment,
except to the extent that such liability is caused by the sole negligence or willful misconduct
of Beneficiary . Beneficiary may employ an attorney or attorneys selected by it to protect its
rights hereunder, and Trustor shall pay to Beneficiary reasonable attorneys' fees and costs
incurred by Beneficiary, whether or not an action is actually commenced against Trustor by
reason of its breach.
(b) Trustor waives any and all right to claim or recover against Trustee,
Beneficiary, and their respective officers, employees, agents and representatives, for loss of
or damage to Trustor, the Trust Estate, Trustor's property or the property of others under
Trustor's control from any cause insured against or required to be insured against by the
provisions of this Deed of Trust.
( c) All sums payable by Trustor in accordance with the terms of this Deed
of Trust, the Note or the Agreement shall be paid upon notice and demand and without
counterclaim, setoff, deduction or defense and without abatement, suspension, deferment,
diminution or reduction, and the obligations and liabilities of Trustor hereunder shall in no
way be released, discharged or otherwise affected (except as expressly provided herein) by
.~QENOA lTEM NO. 31
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reason of: (i) any damage to or destruction of or any condemnation or similar taking of the
Trust Estate or any part thereof; (ii) any restriction or prevention of or interference by any
third party with any use of the Trust Estate or any part thereof; (Hi) any title defect or .
encumbrance or any eviction from the Improvements or any part thereof by title paramount or
otherwise; (iv) any bankruptcy, insolvency, reorganization, composition, adjustment,
dissolution, liquidation or other like proceeding relating to Beneficiary, or any action taken
with respect to this Deed of Trust by any trustee or receiver of Beneficiary, or by any court,
in any such proceeding; (v) any claim which Trustor has or might have against Beneficiary,
which does not relate to the Authority Loan; or (vi) any other occurrence whatsoever,
whether similar or dissimilar to the foregoing; whether or not Trustor shall have notice or
knowledge of any ofthe foregoing. Except as expressly provided herein and subject to any
limitation thereon provided by law, Trustor waives all rights now or hereafter conferred by
statute or otherwise to any abatement, suspension, deferment, diminution or reduction of any
sum secured hereby and payable by Trustor.
1.8 Taxes and Impositions.
(a) As used herein, "Impositions" means all real property taxes and
assessments, general and special, and all other taxes and assessments of any kind or nature
whatsoever, including, without limitation, nongovernmental levies or assessments such as
maintenance charges, levies or charges resulting from covenants, conditions and restrictions
affecting the Trust Estate, which are assessed or imposed upon the Trust Estate or any
portion of it, or become due and payable, and which create, may create or appear to create a
lien upon the Trust Estate, or any part thereof, or upon any person, property, equipment or
other facility used in the operation or maintenance thereof, or any tax or assessment on the
Trust Estate, or any part of it, in lieu thereof or in addition thereto, or any license fee, tax or
assessment imposed on Beneficiary and measured by or based in whole or in part upon the
amount of the outstanding obligations secured hereby. Trustor shall pay all Impositions at
least ten (10) days prior to delinquency. Trustor shall deliver to Beneficiary proof of the
payment of the Impositions within thirty (30) days after such Impositions are due.
(b) Subject to any such obligations which Trustor may have to any senior
lender, after an Event of Default by Trustor and upon written request by Beneficiary, Trustor
shall pay to Beneficiary, unless the Property and Improvements have received an ad valorem
property tax exemption pursuant to subdivision (f) or (g) of Section 214 of the California
Revenue and Taxation Code, an initial cash reserve in an amount adequate to pay all Imposi-
tions for the ensuing tax fiscal year and shall thereafter continue to deposit with Beneficiary,
in monthly installments, an amount equal to 1/12 of the sum of the annual Impositions
reasonably estimated by Beneficiary, for the purpose of paying the installment ofImpositions
next due on the Property and the Improvements (funds deposited for this purpose shall
hereinafter be referred to as "Impounds"). In such event Trustor further agrees to cause all
bills, statements or other documents relating to Impositions to be sent or mailed directly to
AGENDA ITEM NO. 21 ~,
P,fi.GE (!3Z OF C; () =
Beneficiary. Upon receipt of such bills, statements or other documents, and providing
Trustor has deposited sufficient Impounds with Beneficiary pursuant to this Section 1.8(b),
Beneficiary shall timely pay such amounts as may be due thereunder out ofthe Impounds so
deposited with Beneficiary. If at any time and for any reason the Impounds deposited with
Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be
due, Beneficiary may notifY Trustor and upon such notice Trustor shall deposit immediately
an amount equal to such deficiency with Beneficiary. If after the payment of the Impositions
there shall be an excess amount held by Beneficiary, such excess amount shall be refunded to
Trustor in any manner and in such amount as Beneficiary may elect. Beneficiary may
commingle Impounds with its own funds and shall not be obligated to payor allow any
interest on any Impounds held by Beneficiary pending disbursement or application hereunder.
Beneficiary may reserve for future payment ofImpositions such portion of the Impounds as
Beneficiary may in its absolute discretion deem proper.
(c) Upon an Event of Default under any of the Authority Loan Documents
or this Deed of Trust, Beneficiary may apply the balance of the Impounds upon any
indebtedness or obligation secured hereby in such order as Beneficiary may determine,
notwithstanding that the indebtedness or the performance of the obligation may not yet be
due according to the terms thereof. Should Trustor fail to deposit with Beneficiary (exclusive
of that portion of the payments which has been applied by Beneficiary upon any indebtedness
or obligati~n secured hereby) sums sufficient to fully pay such Impositions at least 15 days
before delinquency thereof, Beneficiary may, at Beneficiary's election, but without any
obligation so to do, advance any amounts required to make up the deficiency, which
advances, ifany, shall bear interest at the Default Rate, shall be secured hereby and shall be
repayable to Beneficiary as herein elsewhere provided, or at the option of Beneficiary the
latter may, without making any advance whatever, apply any Impounds held by it upon any
indebtedness or obligation secured hereby in such order as Beneficiary may determine,
notwithstanding that the indebtedness or the performance of the obligation may not yet be
due according to the terms thereof. Should any Event of Default occur or exist on the part of
the Trustor in the payment or performance of any of Trustor' s obligations under the terms of
the Authority Loan Documents, Beneficiary may, at any time at Beneficiary's option, apply
any sums or amounts in its possession received pursuant to Sections lA(b) and l.8(b) hereof,
or as Rents of the Property or the Improvements, or any portion thereof, or otherwise, to any
indebtedness or obligation of the Trustor secured hereby in such manner and order as
Beneficiary may elect, notwithstanding the indebtedness or the performance of the obligation
may not yet be due according to the terms thereof. The receipt, use or application of any
such Impounds paid by Trustor to Beneficiary hereunder shall not be construed to affect the
maturity of any indebtedness secured by this Deed of Trust or any ofthe rights or powers of
Beneficiary or Trustee under the terms of the Authority Loan Documents or any of the
obligations of Trustor or any guarantor under the Authority Loan Documents.
81
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(d) Trustor shall not suffer, permit or initiate the joint assessment of any real
and personal property which may constitute any portion ofthe Trust Estate or suffer, permit
or initiate any other procedure whereby the lien ofthe real property taxes and the lien ofthe
personal property taxes shall be assessed, levied or charged to the Trust Estate, or any portion
of it, as a single lien.
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(e) If requested by Beneficiary, Trustor shall cause to be furnished to
Beneficiary a tax reporting service covering the Property and the Improvements of the type,
duration and with a company satisfactory to Beneficiary.
(f) If, by the laws of the United States of America, or of the State of
California or any political subdivision thereof having jurisdiction over Trustor, Beneficiary
or the Trust Estate or any portion thereof, any tax, assessment or other payment is due or
becomes due in respect of the issuance of the Authority Note or the recording of this Deed of
Trust, Trustor covenants and agrees to pay each such tax, assessment or other payment in the
manner required by any such law. Trustor further covenants to defend and hold harmless and
agrees to indemnity Beneficiary, its successors or assigns, against any liability incurred by
reason of the imposition of any tax, assessment or other payment on the issuance of the Note
or the recording of this Deed of Trust.
1.9 Utilities. Trustor shall payor shall cause to be paid when due all utility
charges wh.ich are incurred by Trustor for the benefit of the Property or the Improvements
and all other assessments or charges of a similar nature, whether or not such charges are or
may become liens thereon.
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1.10 Actions Affecting Trust Estate. Trustor shall promptly give Beneficiary
written notice of and shall appear in and contest any action or proceeding purporting to affect
any portion of the Trust Estate or the security hereof or the rights or powers of Beneficiary or
Trustee; and shall pay all costs and expenses, including the cost of evidence of title and
attorneys' fees, in any such action or proceeding in which Beneficiary or Trustee may appear.
1.11 Actions By Trustee or Beneficiary to Preserve Trust Estate. If Trustor fails
to make any payment or to do any act as and in the manner provided in any of the Authority
Loan Documents, Beneficiary and/or Trustee, each in its own discretion, without obligation
so to do, without releasing Trustor from any obligation, and without notice to or demand
upon Trustor, may make or do the same in such manner and to such extent as either may
deem necessary to protect the security hereof. In connection therewith (without limiting their
general powers, whether conferred herein, in any other Authority Loan Documents or by
law), Beneficiary and Trustee shall have and are hereby given the right, but not the
obligation, ( a) to enter upon and take possession of the Property and the Improvements; (b) to
make additions, alterations, repairs and improvements to the Property and the Improvements
which they or either of them may consider necessary or proper to keep the Property or the
Improvements in good condition and repair; (c) to appear and participate in any action or
AGENDA ITE~ NO. _ .8 ~_..
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proceeding affecting or which may affect the security hereof or the rights or powers of
Beneficiary or Trustee; (d) to pay, purchase, contest or compromise any encumbrance, claim,
charge, lien or debt which in the judgment of either may affect or appears to affect the
security of this Deed of Trust or be prior or superior hereto; and (e) in exercising such
powers, to pay necessary expenses, including attorneys' fees and costs or other necessary or
desirable consultants. Trustor shall, immediately upon demand therefor by Beneficiary and
Trustee or either of them, pay to Beneficiary and Trustee an amount equal to all respective
costs and expenses incurred by such party in connection with the exercise ofthe foregoing
rights, including, without limitation, costs of evidence of title, court costs, appraisals, surveys
and receiver's, trustee's and attorneys' fees, together with interest thereon from the date of
such expenditures at the Default Rate.
1.12 Survival of Warranties. All representations, warranties and covenants of
Trustor contained in the Authority Loan Documents or incorporated by reference therein,
shall survive the execution and delivery of this Deed of Trust and shall remain continuing
obligations, warranties and representations of Trustor so long as any portion of the
obligations secured by this Deed of Trust remains outstanding.
1.13 Eminent Domain.
(a) Subject to the provisions of any senior liens, in the event that any
proceedinKor action be commenced for the taking ofthe Trust Estate, or any part thereof or
interest therein, for public or quasi-public use under the power of eminent domain,
condemnation or otherwise, or if the same be taken or damaged by reason of any public
improvement or condemnation proceeding, or in any other manner, or should Trustor receive
any notice or other information regarding such proceeding, action, taking or damage, Trustor
shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled at its
option, without regard to the adequacy ofits security, to commence, appear in and prosecute
in its own name any such action or proceeding. Beneficiary shall also be entitled to make any
compromise or settlement in connection with such taking or damage. All compensation,
awards, damages, rights of action and proceeds awarded to Trustor by reason of any such
taking or damage (the "Condemnation Proceeds") are hereby assigned to Beneficiary and
Trustor agrees to execute such further assignments of the Condemnation Proceeds as
Beneficiary or Trustee may require. After deducting therefrom all costs and expenses
(regardless of the particular nature thereof and whether incurred with or without suit),
including attorneys' fees, incurred by it in connection with any such action or proceeding,
subject to any applicable terms of the Agreement, Beneficiary shall apply all such
Condemnation Proceeds to the restoration ofthe Improvements, provided that (i) the taking
or damage will not, in Beneficiary's reasonable judgment, materially and adversely affect the
contemplated use and operation of Property and the Improvements; and (ii) all applicable
conditions set forth in the Agreement are met. If all of the above conditions are met,
AGENDA ITEM NO. 31
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Beneficiary shall disburse the Condemnation Proceeds only as repairs or replacements are
effected and continuing expenses become due and payable.
(b) If anyone or more of such conditions is not met, Beneficiary shall apply
all ofthe Condemnation Proceeds, after deductions as herein provided, to the repayment of
the outstanding balance of the Note, together with all accrued interest thereon,
notwithstanding that the outstanding balance may not be due and payable; and Beneficiary
shall have no further obligation to make disbursements pursuant to the Agreement or the
other Authority Loan Documents. Ifthe Condemnation Proceeds are not sufficient to repay
the Note in full, Trustor shall have no obligation to pay any remaining balance. Application
or release of the Condemnation Proceeds as provided herein shall not cure or waive any
Event of Default or notice of default hereunder or under any other Authority Loan or
invalidate any act done pursuant to such notice.
1.14 Additional Security. No other security now existing, or hereafter taken, to
secure the obligations secured hereby shall be impaired or affected by the execution ofthis
Deed of Trust and all additional security shall be taken, considered and held as cumulative.
The taking of additional security, execution of partial releases of the security, or any
extension of the time of payment of the indebtedness shall not diminish the force, effect or
lien of this Deed of Trust and shall not affect or impair the liability of any Borrower, surety
..-.' or endorser for the payment of the indebtedness. In the event Beneficiary at any time holds
additional security for any of the obligations secured hereby, it may enforce the sale thereof
or otherwise realize upon the same, at its option, either before, concurrently, or after a sale is
made hereunder.
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1.15 Successors and Assigns. This Deed of Trust applies to, inures to the benefit of
and binds all parties hereto, their heirs, legatees, devisees, administrators, executors,
successors and assigns. The term "Beneficiary" means the owner and holder of the Note,
whether or not named as Beneficiary herein. In exercising any rights hereunder or taking any
actions provided for herein, Beneficiary may act through its employees, agents or
independent contractors authorized by Beneficiary.
1.16 Inspections. Beneficiary, or its agents, representatives or employees, are
authorized to enter upon or in any part of the Property and the Improvements at any
reasonable time following reasonable written notice thereof for the purpose of inspecting the
same and for the purpose of performing any of the acts it is authorized to perform hereunder
or under the terms of any of the Authority Loan Documents. Without limiting the generality
of the foregoing, Trustor agrees that Beneficiary will have the same right, power and
authority to enter and inspect the Property and the Improvements as is granted to a secured
lender under Section 2929.5 ofthe California Civil Code, and that Beneficiary will have the
right to appoint a receiver to enforce this right to enter and inspect the Property and the
Improvements to the extent such authority is provided under California law, including the
AGENDA ITEM NO. 31
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authority given to a secured lender under Section 564( c) of the California Code of Civil
Procedure.
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1.17 Liens. Trustor shall pay and promptly discharge, at Trustor's cost and expense,
all liens, encumbrances and charges upon the Trust Estate, or any part thereof or interest
therein, subject to Trustor's right to contest in good faith any such liens, encumbrances and
charges. The Trustor shall remove or have removed any levy or attachment made on any of
the Property or any part thereof, or assure the satisfaction thereof within a reasonable time.
Despite the foregoing, Trustor shall not be required to prepay any consensual lien or
encumbrance against the Trust Estate which has been consented to in writing by Beneficiary.
If Trustor shall fail to remove and discharge any such lien, encumbrance or charge, then, in
addition to any other right or remedy of Beneficiary, Beneficiary may, but shall not be
obligated to, discharge the same, either by paying the amount claimed to be due, or by
procuring the discharge of such lien, encumbrance or charge by depositing in a court a bond
or the amount claimed or otherwise giving security for such claim, or by procuring such
discharge in such manner as is or may be prescribed by law. Trustor shall, immediately upon
demand therefor by Beneficiary, pay to Beneficiary an amount equal to all costs and expenses
incurred by Beneficiary in connection with the exercise by Beneficiary ofthe foregoing right
to discharge any such lien, encumbrance or charge, together with interest thereon from the
date of such expenditure at the Default Rate.
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1.IS" Trustee's Powers. At any time, or from time to time, without liability therefor .....,
and without notice, upon written request of Beneficiary and presentation of this Deed of
Trust and the Authority Note secured hereby for endorsement, and without affecting the
personal liability of any person for payment of the indebtedness secured hereby or the effect
of this Deed of Trust upon the remainder of the Trust Estate, Trustee may (a) reconvey any
part of the Trust Estate, (b) consent in writing to the making of any map or plat thereof, (c)
join in granting any easement thereon, or (d) join in any extension agreement or any
agreement subordinating the lien or charge hereof.
1.19 Beneficiary's Powers. Without affecting the liability of any other person
liable for the payment of any obligation herein mentioned, and without affecting the lien OF
charge of this Deed of Trust upon any portion of the Trust Estate not then or theretofore
released as security for the full amount of all unpaid obligations, Beneficiary may, from time
to time and without notice (a) release any person so liable, (b) extend the maturity or alter any
of the terms of any such obligation, (c) grant other indulgences, (d) release or reconvey, or
cause to be released or reconveyed at any time at Beneficiary's option any parcel, portion or
all of the Trust Estate, (e) take or release any other or additional security for any obligation
herein mentioned, or (f) make compositions or other arrangements with debtors in relation
thereto.
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1.20 No Personal Liability. Nothing herein contained shall be deemed to cause
Trustor personally to be liable to payor perform any of its obligations secured hereby, and
Beneficiary shall not seek any personal or deficiency judgment on such obligations, and the
sole remedy of Beneficiary shall be against the Trust Estate; provided, however, that the
foregoing shall not in any way affect any rights Beneficiary may have (as a secured party or
otherwise) hereunder or under the Agreement, or any other rights Beneficiary may have to:
(a) recover directly from Trustor any amounts secured by this Deed of Trust, or any funds,
damages or costs (including, without limitation, reasonable attorneys' fees and costs)
incurred by Beneficiary as a result of fraud, misrepresentation or waste; or (b) recover
directly from Trustor any condemnation or insurance proceeds, or other similar funds or
payments attributable to the Property which under the terms of this Deed of Trust should
have been paid to Beneficiary and any costs and expenses incurred by Beneficiary in
connection therewith (including, without limitation, reasonable attorneys' fees and costs).
1.21 Indemnity. In addition to any other indemnities to Beneficiary specifically
provided for in this Deed of Trust and/or in the Agreement, Trustor hereby indemnifies, and
shall defend and save harmless, Beneficiary and its authorized representatives from and
against any and all losses, liabilities, suits, obligations, fines, damages, penalties, claims,
costs, charges and expenses, including, without limitation, architects', engineers' and
attorneys' fees and all disbursements which may be imposed upon, incurred by or asserted
against Beneficiary and its authorized representative by reason of: (a) the construction of any
improvements on the Property, (b) any capital improvements, other work or things done in,
on or about the Property or any part thereof, (c) any use, nonuse, misuse, possession,
occupation, alteration, operation, maintenance or management of any portion of the Trust
Estate or any part thereof or any street, drive, sidewalk, curb, passageway or space
comprising a part thereof or adjacent thereto, (d) any negligence or willful act or omission on
the part of Trustor and its agents, contractors, servants, employees, licensees or invitees, (e)
any accident, injury (including death) or damage to any person or property occurring in, on or
about the Property or any part thereof, (f) any lien or claim which may be alleged to have
arisen on, against, or with respect to any portion of the Trust Estate under the laws of the
local or state government or any other goyernmental or quasi-governmental authority or any
liability asserted against Beneficiary with respect thereto, (g) any tax attributable to the
execution, delivery, filing or recording of this Deed of Trust, the Authority Note or the
Agreement, (h) any contest due to Trustor's actions or failure to act, permitted pursuant to the
provisions ofthis Deed of Trust, (i) any Event of Default under the Authority Note, this Deed
of Trust or the Agreement, or G) any claim by or liability to any contractor or subcontractor
performing work or any party supplying materials in connection with the Property or the
Improvements, except to the extent caused by the Beneficiary's sole negligence or willful
misconduct.
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ARTICLE 2
ASSIGNMENT OF RENTS, ISSUES AND PROFITS
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2.1 Assignment. Trustor hereby irrevocably, absolutely, presently and
unconditionally assigns and transfers to Beneficiary all the Rents of or from any portion of
the Trust Estate, and hereby gives to and confers upon Beneficiary the right, power and
authority to collect such Rents. Trustor irrevocably appoints Beneficiary its true and lawful
attorney-in-fact, at the option of Beneficiary at any time and from time to time, to demand,
receive and enforce payment, to give receipts, releases and satisfactions, and to sue, in the
name of Trustor, Trustee or Beneficiary, for all such Rents, and apply the same to the
indebtedness secured hereby; provided, however, that so long as an Event of Default shall not
have occurred hereunder and be continuing, Trustor shall have the right to collect such Rents.
Upon the request of Beneficiary, Trustor shall execute and deliver to Beneficiary, in
recordable form, a specific assignment of any leases now or hereafter affecting the Trust
Estate or any portion thereof to evidence further the assignment hereby made. The
Assignment of Rents in this Article 2 is intended to be an absolute assignment from Trustor
to Beneficiary and not merely an assignment for security only.
2.2 Election of Remedies. Subject to Trustor's right to collect the Rents pursuant
to Section 2.1, Beneficiary may, either in person, by agent or by a receiver appointed by a
court, enter upon and take possession of all or any portion of the Property and the
Improvements, enforce all Leases, in its own name sue for or collect all Rents, including
those past due and unpaid, and apply the same to the costs and expenses of operation and
collection, including, without limitation, attorneys' fees, and to any indebtedness then
secured hereby, in such order as Beneficiary may determine. The collection of such Rents, or
the entering upon and taking possession of the Property or the Improvements, or the
application thereof as provided above, shall not cure or waive any Event of Default or notice
of default hereunder or under any of the Authority Loan Documents or invalidate any act
done in response to such Event of Default or pursuant to such notice of default.
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ARTICLE 3
REMEDIES UPON DEFAULT
3.1 Events of Default. For all pUIposes hereof, the term "Event of Default" means
(a) at Beneficiary's option, the failure of Trustor to pay any amount due hereunder or under
the Authority Note when the same is due and payable, whether by acceleration or otherwise;
(b) the failure of Trustor to perform any non-monetary obligation hereunder, or the failure to
be true in any material respect when made of any representation or warranty of Trustor
contained herein, and the continuance of such failure for thirty(30) days after notice, or
within any longer grace period, if any allowed in the Agreement for such failure, or (c) the
existence of any other Event of Default under the Agreement or the Note.
3.2 Acceleration Upon Default, Additional Remedies. Upon the occurrence of
an Event of Default, Beneficiary may, at its option, declare all indebtedness secured hereby to
be immediately due and payable upon notice and demand. Thereafter Beneficiary may:
(a) Either in person or by agent, with or without bringing any action or
proceeding, or by a receiver appointed by a court and without regard to the adequacy of its
security, enter upon and take possession of the Property and the Improvements, or any part
thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary
or desirable to preserve the value, marketability or rentability of any portion of the Trust
Estate, incl~ding, without limitation (i) taking possession of Trustor' s books and records with
respect to the Property and Improvements, (ii) completing the construction of the
Improvements, (iii) maintaining or repairing the Improvements or any other portion of the
Trust Estate, (iv) increasing the income from the Trust Estate, with or without taking
possession of the Property or the Improvements, (v) entering into, modifYing, or enforcing
Leases, (vi) suing for or otherwise collecting the Rents or other amounts owing to Trustor,
including those past due and unpaid, and (vii) applying the same, less costs and expenses of
operation and collection including, without limitation, attorneys' fees, upon any indebtedness
secured hereby, all in such order as Beneficiary may determine. The entering upon and
taking possession ofthe Property or the Improvements, the collection of such Rents and the
application thereof as provided above, shall not cure or waive any Event of Default under
the Authority Loan Documents or this Deed of Trust or notice of default hereunder;
(b) Commence an action to foreclose this Deed of Trust as a mortgage,
appoint a receiver, or specifically enforce any of the covenants hereof;
(c) Deliver to Trustee a written declaration of default and demand for sale
and a written notice of default and election to cause Trustor's interest in the Trust Estate to
be sold, which notice Trustee or Beneficiary shall cause to be duly filed of record in the
Official Records of the county in which the Property is located; or
AGENDA ITEM NO. _.31 -.
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(d) Exercise all other rights and remedies provided herein, in any of the
Authority Loan Documents or other document now or hereafter securing all or any portion
ofthe obligations secured hereby, or by law.
3.3 Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by
exercise of the power of sale herein contained, Beneficiary shall notifY Trustee and shall
deposit with Trustee this Deed of Trust and the Authority Note and such receipts and
evidence of expenditures made and secured hereby as Trustee may require.
(a) Beneficiary or Trustee shall give such notice of default and election to
sell as is then required by applicable law. Trustee shall, without demand on Trustor, after
lapse of such time as may then be required by law and after recordation of such notice of
default and after notice of sale having been given as required by law, sell the Trust Estate at
the time and place of sale fixed by it in the notice of sale, either as a whole, or in separate lots
or parcels or items as Beneficiary shall deem expedient, and in such order as it may
determine, at public auction to the highest bidder for cash in lawful money of the United
States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers
thereof a trustee's deed conveying the property so sold, which shall not contain any covenant
or warranty, express or implied. The recitals in such deed of any matters or facts shall be
conclusive proof of the truthfulness thereof. Any person, including, without limitation,
Trustor, Trustee or Beneficiary, may purchase at such sale and Beneficiary shall be entitled to
pay the purchase price by crediting the purchase price of the property against the obligations
secured hereby. Trustor hereby covenants to warrant and defend the title of such purchaser
or purchasers.
(b) After deducting all costs, fees and expenses of Trustee and ofthis Deed
of Trust, including costs of evidence of title in connection with sale, Trustee shall apply the
proceeds of sale in the following priority, to payment of: (i) first, all sums expended under
the terms hereof, not then repaid, with accrued interest at the Default Rate; (ii) second, all
other sums then secured hereby; and (iii) the remainder, if any, to the person or persons
legally entitled thereto.
(c) Subject to California Civil Code Section 2924g, Trustee may postpone
sale of all or any portion of the Trust Estate by public announcement at such time and place
of sale, and from time to time thereafter may postpone such sale by public announcement or
subsequently noticed sale, and without further notice make such sale at the time fixed by the
last postponement, or may, in its discretion, give a new notice of sale.
3.4 Appointment of Receiver. Upon the occurrence of an Event of Default
hereunder, Beneficiary, as a matter of right and without notice to Trustor or anyone claiming
under Trustor, and without regard to the then value of the Trust Estate or the adequacy for
any security for the obligations then secured hereby, shall have the right to apply to any court
having jurisdiction to appoint a receiver or receivers of the Trust Estate, and Trustor hereby
AGENDA ITEM NO. 31
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irrevocably consents to such appointment and waives notice of any application therefor. Any
such receiver or receivers shall have all the usual powers and duties of receivers in like or
similar cases and all the powers and duties of Beneficiary in case of entry as provided herein.
3.5 Remedies Not Exclusive. Trustee and Beneficiary, and each ofthem, shall be
entitled to enforce payment and performance of any indebtedness or obligations secured
hereby and to exercise all rights and powers under this Deed of Trust or under any Authority
Loan Documents or other agreement or any laws now or hereafter in force, notwithstanding
some or all of the indebtedness and obligations secured hereby may now or hereafter be
otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise.
Neither the acceptance ofthis Deed of Trust nor its enforcement whether by court action or
pursuant to the power of sale or other powers herein contained, shall prejudice or in any
manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security
now or hereafter held by Trustee or Beneficiary, it being agreed that Trustee and Beneficiary,
and each of them, shall be entitled to enforce this Deed of Trust and any other security now
or hereafter held by Beneficiary or Trustee in such order and manner as they or either ofthem
may in their absolute discretion determine. No remedy herein conferred upon or reserved to
Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law
provided or permitted, but each shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every
power or remedy given by any ofthe Authority Loan Documents to Trustee or Beneficiary or
to which either of them may be otherwise entitled, may be exercised, concurrently or
independently, from time to time and as often as may be deemed expedient by Trustee or
Beneficiary and either of them may pursue inconsistent remedies.
3.6 Request for Notice. Trustor hereby requests a copy of any notice of default
and that any notice of sale hereunder be mailed to it at the address set forth in Section 4.5 of
this Deed of Trust.
3.7 Forbearance by Lender Not a Waiver. Any forbearance by Beneficiary in
exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not
be a waiver of or preclude the exercise of any right or remedy. The acceptance by
Beneficiary of payment of any sum secured by this Deed of Trust after the due date of such
payment shall not be a waiver of Beneficiary's right either to require prompt payment when
due of all other sums so secured or to declare an Event of Default for failure to make prompt
payment. The procurement of insurance or this payment of taxes or other liens or charges by
Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the
indebtedness secured by this Deed of Trust nor shall Beneficiary's receipt of any awards,
proceeds or damages under this Deed of Trust operate to cure or waive any Event of Default
with respect to any payment secured by this Deed of Trust.
",.-...
ARTICLE 4
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MISCELLANEOUS
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4.1 Amendments. This instrument cannot be waived, changed, discharged or
terminated orally, but only by an instrument in writing signed by the party against whom
enforcement of any waiver, change, discharge or termination is sought.
4.2 Trustor Waiver of Rights. Trustor waives to the extent permitted by law, (a)
the benefit of all laws now existing or that may hereafter be enacted providing for any
appraisement before sale of any portion of the Trust Estate, (b) all rights of redemption,
valuation, appraisement, stay of execution, notice of election to mature or declare due the
whole of the secured indebtedness and marshalling in the event of foreclosure of the liens
hereby created, (c) all rights and remedies which Trustor may have or be able to assert by
reason of the laws of the State of California pertaining to the rights and remedies of sureties,
( d) the right to assert any statute of limitations as a bar to the enforcement of the lien of this
Deed of Trust or to any action brought to enforce the Agreement or any other obligation
secured by this Deed of Trust, and (e) any rights, legal or equitable, to require marshalling of
assets or to require upon foreclosure sales in a particular order, including any rights under
California Civil Code Sections 2899 and 3433. Beneficiary shall have the right to determine
the order in which any or all ofthe Trust Estate shall be subjected to the remedies provided
herein. Beneficiary shall have the right to determine the order in which any or all portions of
the indebtedness secured hereby are satisfied from the proceeds realized upon the exercise of
the remedies provided herein. Nothing contained herein shall be deemed to be a waiver of ,....",
Trustor's rights under Section 2924c of the California Civil Code.
4.3 Notices. All notices and demands given under the terms hereof shall be in
writing and may be effected by personal delivery, including by any commercial courier or
overnight delivery service, or by United States registered or certified mail, return receipt
requested, with all postage and fees fully prepaid. Notices shall be effective upon receipt by
the party being given notice, as indicated by the return receipt if mailed; except that if a party
has relocated without providing the other party with its new address for service of notices, or
if a party refuses delivery of a notice upon its tender, the notice shall be effective upon the
attempt to serve the notice at the last address given for service of notices upon that party.
Alternatively, notices may be served by facsimile transmission, in which case service shall be
deemed effective only upon receipt by the party serving the notice of telephonic or return
facsimile transmission confirmation that the party to whom the notice is directed has received
a complete and legible copy of the notice. Notices shall be addressed as follows:
If to the Authority:
Public Finance Authority of the City of Lake Elsinore
Attn: City Manager
130 S. Main Street
Lake Elsinore, CA 92530
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FAX No. (909) 674-239
With copies to:
Van Blarcom, Leibold, McClendon & Mann, P.C.
Atln: Barbara Zeid Leibold, City Attorney
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
FAX No. (949) 457-6305
If to Borrower:
South Shore Properties, LLC
Attn: Robert J. Krause/Jeannie Watson, Manager
236 S. Rainbow Blvd., Suite 311
Las Vegas, NY 89145
FAX No. (702) 320-3671
If to Trustee:
.-.
First American Title Company
3625 Fourteenth Street
Riverside, CA 92501
Any address for service of notice on any party may be changed by that party serving a notice
upon the other of the new address, except that any change of address to a post office box
shall not be effective unless a street address is also specified for use in effectuating personal
servIce.
4.4 Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust,
duly executed and acknowledged, is made a public record as provided by law.
4.5 Captions. The captions or headings at the beginning of each Section hereof
are for the convenience of the parties and are not a part of this Deed of Trust.
4.6 Invalidity of Certain Provisions. Every provision of this Deed of Trust is
intended to be severable. In the event any term or provision hereof is declared to be illegal,
invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such
illegality or invalidity shall not affect the balance ofthe terms and provisions hereof, which
terms and provisions shall remain binding and enforceable.
4.7 Subrogation. To the extent that proceeds of the Authority Note are used to
pay any outstanding lien, charge or prior encumbrance against the Trust Estate, such proceeds
have been or will be advanced by Beneficiary at Trustor's request and Beneficiary shall be
" 317
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subrogated to any and all rights and liens held by any owner or holder of such outstanding
liens, charges and prior encumbrances, irrespective of whether the liens, charges or
encumbrances are released.
"""
4.8 Attorneys' Fees. If any payment secured hereby is not paid when due, Trustor
promises to pay all costs of enforcement and collection, including but not limited to,
reasonable attorneys' fees, whether or not such enforcement and collection includes the filing
of a lawsuit. As used herein, the terms "attorneys' fees" or "attorneys' fees and costs" means
the fees and expenses of counsel to the parties hereto (including, without limitation, in-house
counsel employed by Beneficiary) which may include printing, duplicating and other
expenses, air freight charges, and fees billed for law clerks, paralegals and others not
admitted to the bar but performing services under the supervision of an attorney. The terms
"attorneys' fees" or "attorneys' fees and costs" shall also include, without limitation, all such
fees and expenses incurred with respect to appeals, arbitrations and bankruptcy proceedings,
and whether or not any action or proceeding is brought with respect to the matter for which
said fees and expenses were incurred.
4.9 No Merger of Lease. Ifboth the lessor's and lessee's estate under any lease or
any portion thereof which now or hereafter constitutes a part of the Trust Estate shall at any
time become vested in one owner, this Deed of Trust and the lien created hereby shall not be
destroyed or terminated by application of the doctrine of merger unless Beneficiary so elects
as evidenced by recording a written declaration so stating, and, unless and until Beneficiary """
so elects, Beneficiary shall continue to have and enjoy all of the rights and privileges of
Beneficiary as to the separate estates. In addition, upon the foreclosure of the lien created by
this Deed of Trust on the Trust Estate pursuant to the provisions hereof, any leases or
subleases then existing and affecting all or any portion of the Trust Estate shall not be
destroyed or terminated by application of the law of merger or as a matter of law or as a
result of such foreclosure unless Beneficiary or any purchaser at such foreclosure sale shall
so elect. No act by or on behalf of Beneficiary or any such purchaser shall constitute a
termination of any lease or sublease unless Beneficiary or such purchaser shall give written
notice thereof to such tenant or subtenant.
4.10 Governing Law. This Deed of Trust shall be governed by and construed in
accordance with the laws of the State of California.
4.11 Joint and Several Obligations. Should this Deed of Trust be signed by more
than one party, all obligations herein contained shall be deemed to be the joint and several
obligations of each party executing this Deed of Trust. Any married person signing this Deed
of Trust agrees that recourse may be had against community assets and against his or her
separate property for the satisfaction of all obligations contained herein.
4.12 Interpretation. In this Deed of Trust the singular shall include the plural and
the masculine shall include the feminine and neuter and vice versa, ifthe context so requires.
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4.13 Completion of Construction. This Deed of Trust is a construction deed of
trust within the meaning of California Commercial Code Section 9313. For purposes of
subdivision (6) of that statute, "completion of construction" shall not be deemed to occur
prior to completion of all work, and installation or incorporation into the Improvements of all .
materials, for which sums secured hereby are disbursed by Beneficiary.
4.14 Reconveyance by Trustee. Upon written request of Beneficiary stating that
all sums secured hereby have been paid and all obligations under the Affordable Housing
Regulatory Agreement have been satisfied, and upon surrender ofthis Deed of Trust and the
Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees,
Trustee shall reconvey to Trustor, or to the person or persons legally entitled thereto, without
warranty, any portion of the Trust Estate then held hereunder. The recitals in such
reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.
The grantee in any reconveyance may be described as "the person or persons legally entitled
thereto." Such grantee shall pay Trustee a reasonable fee and Trustee's costs incurred in so
reconveying the Trust Estate.
4.15 Counterparts. This document may be executed and acknowledged in
counterparts, all of which executed and acknowledged counterparts shall together constitute a
single document. Signature and acknowledgment pages may be detached from the
counterparts and attached to a single copy ofthis document to physically form one document,
which may "be recorded.
4.16 Nonforeign Entity. Section 1445 of the Internal Revenue Code of 1986, as
amended (the "Code") and Sections 18805, 18815 and 26131, as applicable, of the California
Revenue and Taxation Code ("CRTC") provide that a transferee of a U.S. real property
interest must withhold tax, in the case ofthe Code, if the transferor is a foreign person, or if,
in the case of the CRTC, the transferor is not a California resident. To inform Beneficiary
that the withholding of tax will not be required in the event of the disposition of the Property
or the Improvements, or any portion thereof or interest therein, pursuant to the terms ofthis
Deed of Trust, Trustor hereby certifies, under penalty of perjury, that: (a) Trustor is not a
foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are
defmed in the Code and the regulations promulgated thereunder; and (b) Trustor's General
Partner's U.S. employer identification number is ; and (c) Trustor's principal
place of business is 1301 Dove Street, Suite 701, Newport Beach, California 92660. It is
understood that Beneficiary may disclose the contents of this certification to the Internal
Revenue Service and the California Franchise Tax Board, and that any false statement
contained herein could be punished by fine, imprisonment or both. Trustor covenants and
agrees to execute such further certificates, which shall be signed under penalty of perjury, as
Beneficiary shall reasonably require. The covenant set forth herein shall survive the
foreclosure of the lien of this Deed of Trust or acceptance of a deed in lieu thereof.
AQENOA ITEM. NO. $~
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4.17 Substitute Trustee. Beneficiary at any time and from time to time, by
instrument in writing, may substitute and appoint a successor Trustee (either corporate or
individual) to any Trustee named herein or previously substituted hereunder, which .
instrument when executed, acknowledged, and recorded in the Official Records of the Office
of the Recorder of the county or counties where the Property is located shall be conclusive
proof of the proper substitution and appointment of each successor trustee or trustees, who
shall then have all the title, powers, duties and rights ofthe predecessor Trustee, without the
necessity of any conveyance from such predecessor. Trustee shall not be obligated to notify
any party hereto of pending sale under any other Dead of Trust, or, unless brought by
Trustee, or any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party.
4.18 Fixture Filing. This Deed of Trust constitutes a financing statement filed as a
fixture filing in the Official Records of the County Recorder in the county in which the
Property is located with respect to any and all fixtures included within the term "Trust
Estate" as used herein and with respect to any goods or other personal property that may now
be or hereafter become such fixtures.
"-"
4.19 Waiver of Jury Trial. TRUSTOR AND BENEFICIARY EACH HEREBY
WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO
ENFORCE OR DEFEND ANY RIGHTS UNDER THIS DEED OF TRUST OR ANY
OTHER AGENCY LOAN DOCUMENTS OR RELATING THERETO OR ARISING
FROM THE RELATIONSHIP WHICH IS THE SUBJECT OF THE AGREEMENT AND """'"
AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE
A COURT AND NOT BEFORE A JURY.
TRUSTOR ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS DEED OF
TRUST WITHOUT CHARGE.
TRUSTOR PLEASE NOTE: UPON THE OCCURRENCE OF AN EVENT OF
DEFAULT, CALIFORNIA PROCEDURE PERMITS TRUSTEE TO SELL THE TRUST
ESTATE AT A SALE HELD WITHOUT SUPERVISION BY ANY COURT AFTER
EXPIRATION OF A PERIOD PRESCRIBED BY LA W. UNLESS YOU PROVIDE AN
ADDRESS FOR THE GIVING OF NOTICE, YOU MA Y NOT BE ENTITLED TO
NOTICE OF THE COMMENCEMENT OF ANY SALE PROCEEDINGS. BY
EXECUTION OF THIS DEED OF TRUST, YOU CONSENT TO SUCH PROCEDURE.
BENEFICIARY URGES YOU TO GIVE PROMPT NOTICE OF ANY CHANGE IN
YOUR ADDRESS SO THAT YOU MAY RECEIVE PROMPTL Y ANY NOTICE GIVEN
PURSUANT TO THIS DEED OF TRUST.
4.20 Request For Notice. Pursuant to California Government Code Section
273 21.4(b ) Trustor hereby requests that a copy of any notice of default or notice of sale given
under this Deed of Trust be mailed to Trustor at the address for Trustor set forth herein.
. g1
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".....
".....
4.21 Reconveyance. Except upon the Event of Default by Trustor, Beneficiary shall
reconvey this Deed of Trust upon termination of the Affordability Period as that term is
defined in the Agreement.
4.22 Subordination. This Deed of Trust and the provisions contained herein shall
be subordinate to the Affordable Housing Regulatory Agreement (as those terms are defined
in the Agreement).
AGENDA ITEM NO. 31
PAGE1!LOF tjo
IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as ofthe day and
year first above written.
""""'"
TRUSTOR:
SOUTH SHORE PROPERTIES, LLC, a
Nevada limited liability company
Dated:
, 2004
By:
Robert J. Krause, Manager
By:
Jeannie Watson, Manager
"""
31
AGENDA ITEM NO. -,
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...--
",-....
...--
EXHIBIT "A"
LEGAL DESCRIPTION
[Attached]
Brcezewood Attachments.3
Exhibit A
Page 1
AGENDA ITEM No.:3 L9J.IJ:JIfJ3
PAGEu,l~. OF "...if!___
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
)
) SS
On
...""
before
me,
appeared
personally
personally known to me CORC
to
NAME(S) OF SIGNER(S)
proved to me on the basis of satisfactory evidence
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 hislher/their
authorized capacity/ies, and that by hislher/their
signature( s) on the instrument the person( s), or
the entity upon behalf of which person(s) acted,
executed the instrument.
....."
Witness my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Although the data below is OPTIONAL, it may prove valuable to persons relying on the document and could prevent fraudulent
reattachment of this form.
Breezewood Attachments.3
:j1
AGENDA ITEM NO. b
{Jl'11 q 0
PAGE.JJ.!!-~;t -
-......IfII'
,.....
Capacity claimed by signer: _
Q Individual
Q Corporate Officer( s )
Q Partner(s)
Q General Q Limited
Q Attorney-in-fact
Q Trustee(s)
Q Guardian/Conservator
Q Other:
Signer is representing:
Name ofPerson(s) or Entity(ies)
-
".....
Breeze'Mlod Attachments.3
Description of Attached Document:
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
~1
AGENDA ITEM NO. 0'
f71 09l2~
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ATTACHMENT NO. 7
~
SUBORDINATION AGREEMENT T
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: City Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: )
)
)
)
)
)
)
)
)
(Space above for Recorder's Use Only)
This document is exempt from the payment of a
recording fee pursuant to Government Code Section
6103.
SUBORDINATION AGREEMENT
~
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY
INSTRUMENT.
THIS SUBORDINATION AGREEMENT is made this _day of
2004 by and among South Shore Properties, LLC, a Nevada limited liability company
("Borrower"), and , a
("Company") and in favor of the Public Finance Authority of the City of Lake Elsinore, a
California municipal entity ("Lender").
RECITALS
A. Borrower is the owner of certain real parcels located in the City of Lake Elsinore,
County of Riverside, State of California, and more particularly described in Exhibit "A"
attached hereto and incorporated by reference herein (the "Property"). Borrower's
acquisition of the Property was facilitated by a loan by Company to Borrower of
Dollars ($ ) ("Company Loan") pursuant to the
. In accordance therewith,
Borrower executed a deed of trust ("Company Deed of Trust") dated ,200_
,....,
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AGENDA ITEM NO.
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in favor of Company, recorded on
, as Instrument No. , in the Official Records of Riverside
County, California securing Borrower's obligations under that certain Loan Agreement by
and between Company and Borrower dated pursuant to which the
Company Loan was made to the Borrower.
B. Borrower has executed, or is about to execute, a Promissory Note in the sum of
Dollars ($ ) in favor of Lender ("the Lender Note")
evidencing a loan ("the Loan") to Borrower. The Lender Note is to be secured by a Deed of
Trust (the "Lender Deed of Trust" and, together with the Lender Note, the "Loan
Documents") to be executed by Borrower and which will encumber the Property.
C. As a condition to making the Loan, Lender requires that the Lender Deed of Trust be
unconditionally and at all times remain a first lien or charge upon the Property, prior and
superior to all rights of Company under the Company Deed of Trust and all indebtedness
secured. As a condition to such subordination of the Company Deed of Trust, Company
requires certain written commitments reasonably designed to protect the Company's
investment in the event of default by Borrower.
D. It is to the mutual benefit of the parties hereto that Lender make the Loan to
Borrower.
/'"'- E. Subject to the terms of this Subordination Agreement, the parties hereto intend and
agree to 'specifically and unconditionally subordinate and subject the Company Deed of
Trust, together with all rights and privileges of Company thereunder, to the lien and charge of
the Lender Deed of Trust and that the Lender Deed of Trust and that the Lender Deed of
Trust shall unconditionally be and remain at all times a first lien or charge upon the Property
prior and superior to the Company's rights under the Company Deed of Trust and all
indebtedness secured thereby and all obligations established therein.
NOW, THEREFORE, in consideration ofthe mutual benefits accruing to the parties hereto
and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, it is hereby declared, understood and agreed as follows:
1. Subordination. The Lender Deed of Trust and all indebtedness secured
thereby shall unconditionally be and remain at all times a first lien or charge on the Property,
prior and superior to the Company Deed of Trust and all indebtedness secured thereby
together with all rights and privileges of Company thereunder. The Company Deed of Trust
and all indebtedness secured thereby, together with all rights and privileges of Company
thereunder, are hereby subjected, and made subordinate and junior, to the lien or charge of
the Lender Deed of Trust.
~
2. Limitations. The subordination herein granted shall not apply to (a) any extension
of the scheduled maturity date of the Loan, unless a default has occurred under the Loan
Documents, (b) increases in the interest rate applicable to the Loan resulting from any
AGENDA ITEM NO.
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amendment to or modification of the Loan Documents after the date hereof, or (c) increases
in the principal amount ofthe Loan beyond the original principal amount thereof, except for ......,
increases which result from advances made by Lender, following written notice to Borrower
for payment of taxes or insurance or in order to preserve and protect its security.
3. Integration. This Subordination Agreement shall be the whole and only agreement
between the parties hereto with regard to the subordination of the Company Deed of Trust,
together with all rights and privileges of Company thereunder, to the lien or charge of the
Lender Deed of Trust, and shall supersede and cancel any prior agreements to subordinate the
Company Deed of Trust to the Lender Deed of Trust.
4. Acknowledgments by Company. Company declares, agrees, and acknowledges
that except as otherwise provided herein, Company intentionally subordinates the Company
Deed of Trust and all indebtedness secured thereby, and all loans, grants, and advances of
money pursuant thereto and all obligations established therein, together with all rights and
privileges of Company thereunder, in favor of the lien or charge upon the Property of the
Lender Deed of Trust and understands that in reliance upon, and in consideration of, this
subordination, specific monetary and other obligations are being and will be entered into
which would not be made or entered into but for said reliance upon this subordination.
5. Company Representations. Company certifies, represents and agrees in favor of
Lender as of the date first set above:
a. To Company's knowledge, neither Company nor Borrower is in default under the ......,
Company Deed of Trust;
b. The Company has not given any notice of any default by Borrower under the
Company Deed of Trust;
c. Company has not elected to cancel or terminate the Company Deed of Trust for any
reason under any option or privilege reserved therein.
6. Lender A2reements. In consideration of Company's covenants and agreements
contained in this Agreement, Lender hereby agrees for the benefit of Company as follows:
a. Company shall be entitled to notice of any default of Borrower under the Lender Note
or the Lender Deed of Trust as provided for by California Civil Code Section 2924, and shall
also be entitled to receive a copy of any notice of default by Borrower given by Lender under
the Lender Note or the Lender Deed of Trust, contemporaneously with Borrower's receipt of
the same, and Company shall have the right to cure any defaults of Borrower for a period of
at least sixty (60) days (or, with respect to defaults that cannot reasonably be cured within
such period, to commence such cure and diligently pursue such cure during such period), in
addition to the periods afforded Borrower under the Lender Note or the Lender Deed of Trust
for cure of same.
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AGENDA ITEM NO.. . ..2
PAGES.OF C/o
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'"
b. In the event Company acquires title to the Property from Borrower pursuant to any
provisions of the Company Deed of Trust or documents executed pursuant thereto, Company
may assume and succeed to Borrower's obligations under the Loan without acceleration of
the Loan and without requiring any transfer fee, application fee or costs associated therewith,
and Lender will recognize Company as Borrower, on condition that Company assume, by a
writing in form and substance reasonably satisfactory to Lender and its legal counsel, all of
Borrower's obligations under the Loan and, within the period provided in Paragraph 6.a.
above, timely cure all outstanding defaults of Borrower under the Loan.
c. Lender agrees to negotiate with Company in the event that Borrower defaults under
either the Lender Note or the Lender Deed of Trust; provided, however, that nothing in this
subparagraph 6.c. shall obligate the parties to reach an agreement upon the conclusion or
termination of negotiations, or to extend the time granted to Borrower under the Lender Note
or Lender Deed of Trust or to Company under subparagraph 6.a. above to cure defaults under
the Lender Note or Lender Deed of Trust.
7. Notices. Whenever Borrower, Company or Lender shall desire to give or serve any
notice, demand, request or other communication with respect to this Subordination
Agreement, each such notice, demand, request or communication shall be given in writing (at
the address set forth below) by any of the following means: (a) personal service (including
service by commercial courier overnight delivery service); (b) electronic communication,
whether by telex, telegram or telecopying (if confirmed in writing sent by personal service or
~ by registered or certified, first class mail return receipt requested); or (c) registered or
certified. United States mail, return receipt requested. A copy of any notice, demand or
request sent by Borrower or Company under or relating to this Agreement shall be sent to
Lender, whether or not actually addressed to Lender. Any notice, demand or request sent
pursuant to this Agreement shall be effective upon receipt, except that if service is by
telecopy service shall be deemed effective only upon telephonic or telecopy confirmation
from the recipient of the notice to the sender that a complete legible copy of the notice has
been received. Notice shall be addressed as follows:
If to Lender:
Public Finance Authority of the City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attn: City Manager
Fax: (909) 674-2392
If to Company:
Attn:
Fax: L->
If to Borrower:
South Shore Properties, LLC
Attn: Robert J. Krause/Jeannie Watson, Manager
I"'""
AENDA ITEM NO. __:31 ~
.. 10
PAGE %5.:- OF -~
236 S. Rainbow Blvd., Suite 311
Las Vegas, NV 89145
FAX No. (702) 320-3671
......"
Any address specified above may be changed by notice to the other parties given in the same
manner as provided above, except that any change of address specifying a post office box
shall not be effective unless it also indicates a street address for use in effecting personal
servIce.
8. Counterparts. This Subordination Agreement may be executed in counterpart.
9. Governine Law. This Subordination Agreement and the rights and obligations of
the parties hereto shall be governed by and construed in accordance with the laws of the State
of California.
......"
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AGENDA ITEM NO. ,~".. ... ..
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I""'"'
IN WITNESS WHEREOF, Company, Borrower and Lender have executed this
Subordination Agreement as of the day and year first above written.
"BORROWER"
SOUTH SHORE PROPERTIES, LLC, a Nevada limited liability company
By:
Robert J. Krause, Manager
By:
Jeannie Watson, Manager
"COMPANY"
/""' By:
Its:
"LENDER"
PUBLIC FINANCE AUTHORITY OF THE CITY OF LAKE ELSINORE,
a
By:
Chairperson
~
37
AGENDA iTEM NO.
PAGE31-.0F 1~_,
EXHIBIT "A"
LEGAL DESCRIPTION
[To Be Inserted]
AGENDA ITEM NO. 32
PAGEAoFL
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"""
FIRST AMENDMENT TO LAND DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO LAND DEVELOPMENT AGREEMENT (this
"Amendment"), dated for identification purposes only as of April 13, 2004, is entered into by and
between the CITY OF LAKE ELSINORE, a municipal corporation (the "City"), and SOUTH.
SHORE PROPERTIES, LLC, a Nevada limited liability company ("South Shore"), for the purpose
of amending that certain Land Development Agreement dated as of November 11,2003 (but having
an "Effective Date" of December 3, 2003) (the "Agreement"). Capitalized terms not otherwise
defined herein shall have meanings given them in the Agreement. To the extent of any inconsistency
between the terms set forth in the Agreement and the terms set forth in this Amendment, the terms of
this Amendment shall control.
,-...
The City and South Shore hereby agree to amend the Agreement as follows:
1. Section 4.3 of the Agreement is hereby modified to provide that the Second Payment and
Final Payment shall be paid as provided in that certain Temporary Land Transfer Agreement between
the City and the Public Finance Authority, on the one hand, and South Shore, on the other hand,
dated for identification purposes as of April 13, 2004.
2. This Amendment, when executed by South Shore and delivered to City, must be authorized,
executed and delivered by City on or before ten (10) days after signing and delivery of this
Agreement by South Shore or this Agreement shall be void, except to the extent that South Shore
shall consent in writing to a further extension of time for the authorization, execution and delivery of
this Agreement.
3. In all other respects the Agreement shall remain unmodified and in full force and effect.
[SIGNATURES SET FORTH ON FOLLOWING PAGE]
"""
Page 1 of2
AGENDA ITEM NO. 31 "
PAGE i!!l- OF ~CZ1L-.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the
respective dates set forth below.
....."
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Dated:
, 2004
By:
Mayor
ATTEST:
VICKI KASAD, CITY CLERK
By:
VICKI KASAD
APPROVED AS TO FORM:
V AN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.C.
City Attorney
By:
....."
BARBARA ZEID LEIBOLD
"SOUTH SHORE"
SOUTH SHORE PROPERTIES, LLC, a
Nevada limited liability company
Dated:
, 2004
By:
Robert J. Krause, Manager
By:
Jeannie Watson, Manager
Page 2 of2
. 31
M~I::NDA IT~.. N. ~. ....
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
DICK WATENPAUGH, CITY MANAGER
DATE:
APRIL 13, 2004
SUBJECT:
ELECTORAL REFORM COMMITTEE
BACKGROUND
At the regular City Council meeting of March 23,2004, Mayor Buckley proposed an Electoral
Reform Committee be formed.
DISCUSSION
The Mayor has proposed a Mayor's Committee be established to evaluate moving the City's
elections back to an "on year" format, address stricter campaign finance reporting standards as well
as the following issues:
. Develop a permanent system to appoint City commissions and committees
r-- . Election of Council members by districts and/or an elected Mayor
(Mayor's proposal attached)
FISCAL IMPACT
The fiscal impact is unknown at this time.
RECOMMENDATION
It is recommended the Mayor and City Council discuss the Mayor's proposal, and if desired,
appoint committee members and provide direction to staff.
PREPARED BY:
DICK WATENPAUGH, CITY MANAGER
APPROVED FOR
AGENDA BY:
CIT~i!l!JtipJ?
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Electoral Reform Committee Proposal
Following regional trends towards "on-year" city elections and addressing a clear need for
stricter campaign finance reporting standards, among other things, I propose to create a
Mayor's Committee on electoral reform. The committee would be tasked with
investigating the following items and then reporting back to the City Council within four
months with its recommendations.
. The Committee shall investigate the costs, procedures, and implications of moving
city elections to an "on-year," or even year, cycle to match the
gubernatorial/presidential election dates.
. The Committee shall devise a new and permanent system for the appointment of city
commissioners and committee members.
. The Committee shall investigate stricter campaign finance reporting standards,
including but not limited to the creation of an "instant" donation reporting system that
can be accessed by the public via the Internet.
. The Committee shall investigate the possibility of electing the city council by district
and/or electing the mayor directly.
. The Committee shall investigate the possibility of electing all city officials en masse,
i.e. in the same election cycle.
"""'"
The Committee is specifically barred from considering such items as a city charter,
modifying the relationship between City Council and city staff, and/or any other item not
specifically noted above.
The Committee shall consist of five members, with the Mayor appointing the chairman
and each of the remaining Councilmembers appointing a single member.
The Committee shall work through the offices of the City Clerk and City Attorney.
If a need arises for funding (to cover the cost of expert input, for example,) the
Committee shall make any such request of the City Council as early as possible.
In all cases, the Committee shall consider a wide variety of factors (cost, impact on voter
turnout, etc.) in making its recommendations.
The City Council shall make the final determination as to whether or not to enact, either
whole or in part, any reform recommended.
AQENOA ITEM NO.
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: BARBARA ZEID LEIBOLD, CITY ATTORNEY
DATE: APRIL 13,2004
SUBJECT: FEDERAL ENERGY REGULATORY COMMISSION SOLICITATION FOR
ADDITIONAL STUDY REQUEST REGARDING THE LAKE ELSINORE
ADVANCED PUMPED STORAGE PROJECT
BACKGROUND
/""
On February 2,2004, the Elsinore Valley Municipal Water District (the "District") and The Nevada
Hydro Company, Inc. ("Nevada Hydro") submitted their Final Application for License to the Federal
Energy Regulatory Commission ("FERC") concerning the Lake Elsinore Advanced Pump Storage
Project ("LEAPS"). The Application consists of approximately six volumes comprising several
thousand pages.
As the Council is already aware, LEAPS is an advanced pumped water storage project which
consists of a lower and upper reservoir and a hydroelectric plant to generate electricity. Lake
Elsinore serves as the "lower reservoir." When demand for electricity is low, water is pumped to the
upper reservoir where it is stored for release to generate electricity during peak demand periods. The
movement of water will affect Lake water quality and potentially impact recreational use on the Lake
as the shoreline will be subject to significant variation on a day by day basis.
LEAPS is expected to cost approximately $400 million. The inclusion of power lines will add at
least $40 million to that cost.
DISCUSSION
With the filing of the Final Application, a comment period has opened for interested parties to
address the need for additional scientific studies.
,,--
The City and District specifically addressed the City's ability to take steps to protect the Lake in light
of the proposed LEAPS project in the 2003 Lake Elsinore Comprehensive Lake Management
Agreement. Section 5.9 provides that:
"The District has explored and continues to explore the possible approval and
implementation of the Lake Elsinore Advanced Pump Storage ("LEAPS") project.
This project envisions drawing water from Lake Elsinore as part ofthe project. The
City agrees to cooperate with the District in analyzing and to discuss plans regarding
the use of water stored in the Lake to implement the LEAPS project. In no event
shall the LEAPS project result in the permanent diversion or increased evaporation of
AGENDA ITEM NO.
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water' already in the Lake without providing for the introduction of suitable
replacement water at the District's or the project proponent's sole cost. Moreover,
the LEAPS project, if implemented, shall not interfere with the recreational use of
Lake Elsinore, adversely impact fish and wildlife enhancement in and around Lake
Elsinore, or in any way frustrate the ability of the Parties, or either of them, to
accomplish the objectives and purposes of this Agreement." [Emphasis added.]
We should point out that additional environmental review will be forthcoming over the next two
years ifFERC allows the project to progress to the next step. Consequently, there will be additional
opportunities for the City to address issues related to the Lake in addition to the current request for
additional scientific studies.
......,
The City, by involving itself to a greater extent now, may improve its ability effectively advocate
adequate mitigation and other potential environmental and recreational enhancements in the
upcoming CEQAlNEP A process. Of particular concern is reestablishing and maintaining the 1240
minimum lake level. While the application acknowledges this as the planned minimum operation
level, it is unclear as to the proposed, mechanism for maintaining that level. Water quality also
remains a significant issue that is largely unaddressed at this stage.
In this regard, City staff and the City Attorney's office seek direction on whether the Council desires
to allocate resources necessary to thoroughly review the existing application and prepare a response
on behalf of the City.
FISCAL IMPACT
......,
City Attorney estimates legal review and response to be in the range of $20,000 - $25,000 through
fiscal year 2004-2005. Actual cumulative costs will vary depending on level of City involvement.
RECOMMENDATION
That the City Council direct City staff and the City Attorney's office as to the appropriate level of
City participation in the planning and scoping of LEAPS.
PREPARED BY:
David H. Mann, Assistant City Attorney
APPROVED BY:
Barbara Leibold, City Attorney
APPROVED FOR
LISTING BY:
......,
AClENDA ITEM NO. 3 ~
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