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Home My WebLink About04/27/2004 CC Reports . ~.CITYOFLAKEELS . . CITY COUNCIL AGENDA TBQMA8 BUCKLEY, MAYOR WWW.J...AQ:.ELSINORE.ORG GENJEKEU..EY, MAyOR PRO TEN (909) 67.f..3l24 PHONE D~.~,CO (_)674-2m FAX ItOBERTE. "sor MAGEE. . .. ~ EI,SINORE CULtuRAL CENTER llQB.atT 1.. SCIIJFFNQ.. COUNCILMAN 181 NORTIIMAIN STREET .lUQI;MtD WATENPAUGH, CITY MANAGER LAKE.ELSlNORE, CA 92$30 ************************************************.***************** . TUESDAY, APRIL 27, 2004 - 5:00 P.M. CALL TO ORDER .R9LL CALL CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATEDLmGATION Significant expO~ure to litigation ptarsuantto subdivision (b)(3)(C) of Gov'.t Code Section 54956.9. (2 cases) P~Jt OF AL!-~~CE .INV~ATJON - MO~NT OF.SILE~CE . ~~ATATlQNS/~~~ONlALS a. . ~entation - Sheriff's Department Awards. Presentation - Planning Commissioners Barnes & Nash. Proclamation - Donna Morin-Outgoing President-Lake Elsinore Historical Society. d. Proclamation - Mental Health Month. e. Proclamation -Motorcycle Awareness Month. f. Proclamation - Teen Pregnancy Prevention Month. g. Presentati~ ~ 1-15 Interregional Partnership Report. PUlJLIC CO~NrS -NO~-A~~ND~E~ ITEMS -1 M~Q'O (please read & complete a 8peakef's Forfu:atthe Podium, prior to the Start of the City Council Meeting) . .. . . 41 Page nree - City CO"" Ag"a- J\pril27,2804 21. A.uthorize the issuance of bonds and approving, bond docwnents; formation of CFD , . 2004-1; call a speci~ election; Canvas Election Results; authorizing levy of speCial taxes. RECOMMENDA'tION: Open Public Hearing, Take Testimony, Adopt Resoiution No. 2004-23, 2004-24, 2004-25, and 2004-26. Conduct first reading of Ordinance No. 2004- tit 9. 22. Eastlake Specific Plan Amendnlent No. 6~ T~tative Tract map 31920; Amended Development Agreement; Supplemental EIR. RECOMMENDA'TION: Request consideration of the applications be continued to Maytl, 2004. BU~SS ITEMS 31. Appointment'of~e AbatementBoard. RECOMMENDA nON: Provide recommendations for appOintments to this Board for action by the City Manager. 32. Community MeetingITerra Cotta - Terra Cotta. . RECOMMENDA'TION: Ratify the date of May 10, 2004, from 6:00 p.m. to 8:00 p.m. as a Comm~ty Meeting to address vandatispl on the west end of our City. 33. Use of City Logo. RECOMMENDA'TION: Consider ~e request from Lake Elsinore Little League for use of the city's logo on their AU Star jacket. 34. City Treasurer Policy. , RECOMMENDATION: Approve the proposed policy for the City Treasurer's ,duties. 35., Consideratioti of Memorandum of Understanding between the'County of Riverside and ',the City of Lake Elsinore;eonceming Implementation of the Western Riverside County Multiple'SPecies Habitat Conservation Plan; and Reconsideration of Joint Exercise of Powers Agreement creating the Western ,Riverside County Regional Conservation Authority. RECOMMENDATION: , Approve. "...... ~~ ~~ ~dww AWARD OF MERIT FOR OUTSTANDING ACHIEVEMENT This is to Certify that Senior Investigator Mark Cordova ",....- has shown exceptional ability and achieved outstanding recognition as DEPUTY OF THE YEAR - 2003 Given this 2ih day of April, 2004. THOMAS BUCKLEY, MAYOR ~ AGENDA ITEM NO. -" ' PAGE-LOF -7 ~ ~~r~ w~ AWARD OF MERIT FOR OUTSTANDING ACHIEVEMENT This is to Certify that Sheriff's Service Officer Ron Hall has shown exceptional ability and achieved outstanding recognition as ~ EMPLOYEE OF THE YEAR - 2003 Given this 2ih day of April, 2004. THOMAS BUCKLEY, MAYOR "-'" AGENDA ITEM NO. -II. PAGE~ OF I ~ ~~ c:/ ~ EfLw AWARD OF MERIT FOR OUTSTANDING ACHIEVEMENT This is to CertifY that Richard Fuller "....... has shown exceptional ability and achieved outstanding recognition as VOLUNTEER OF THE YEAR - 2003 Given this 2ih day of April, 2004. THOMAS BUCKLEY, MAYOR ~ /l AGENDA ITEM No._li+j PAGE~OF 7 '-' ~~ ~~ ~&ww AWARD OF MERIT FOR OUTSTANDING ACHIEVEMENT This is to CertifY that Christopher Davis has shown exceptional ability and achieved outstanding recognition in ......, Assisting the Lake Elsinore Police Department with the capture of an attempted rapist. Given this 27th day of April, 2004. THOMAS BUCKLEY, MAYOR ......., AGENDA ITEM NO. ./1,.1 PAGE l\ OF I ~ City of Lake Elsinore CERTIFICATE OF RECOGNITION TO: GIL LERMA ,.-.... For his achievement in 20 Years of Service to Lake Elsinore Marine Search and Rescue April 27, 2004 THOMAS BUCKLEY, MAYOR ~ AGENDA nEM NO.. 11. .. PAGE 5 OF 'l ....." City of Lake Elsinore CERTIFICATE OF RECOGNITION TO: IRENE LERMA ....." For his achievement in 20 Years of Service to Lake Elsinore Marine Search and Rescue April 27, 2004 THOMAS BUCKLEY, MAYOR ....., AGENDA ITEM NO. /I PAGE G OF '7 ~ City of Lake Elsinore CERTIFICATE OF RECOGNITION TO: DONNA STAPLES ~ For his achievement in 20 Years of Service to Lake Elsinore Marine Search and Rescue April 27, 2004 THOMAS BUCKLEY, MAYOR ~ AcaENDA ITEM NO. If PAGE I OF 01 ,,-, City of Lake Elsinore CERTIFICATE OF RECOGNITION TO: JOHN BARNES -- In recognition of DEDICATED SERVICE ON THE LAKE ELSINORE PLANNING COMMISSION DATE: April 27, 2004 THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE ~, ACiiENDA ITEM NO. .~ PAGE-L-OF ~ "-'" City of Lake Elsinore CERTIFICATE OF RECOGNITION TO: NICK NASH "-'" In recognition of DEDICATED SERVICE ON THE LAKE ELSINORE PLANNING COMMISSION DATE: April 27, 2004 THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE "-'" AGENDA ITEM NO. & PAGELOF~.A,. ",...... WHEREAS, mental health is critical for the well-being and vitality of our families, businesses, and communities; and WHEREAS, The President's New Freedom Commission declared that mental disorders and mental health problems, including substance abuse disorders, affect people of all backgrounds and all stages of life, and that no one is immune; and WHEREAS, The World Health Organization found that mental illnesses collectively are the most prevalent health problem in the United States today, more common than cancer and lung and heart disease combined, and are the number one cause of disability in the United States; and WHEREAS, mental illnesses, including substance abuse, affect one in five Americans every year, regardless of age, gender, race, ethnicity, religion or /"'"" economic status; and WHEREAS, one in ten children has a serious mental disorder that, if untreated, can lead to poor performance or failure in school, physical illness, substance abuse and suicide; and WHERAS, mental disorder such as schizophrenia, depression, and anxiety disorders are real, common, and treatable; and WHEREAS, the long-term consequences of untreated mental disorders in children and adults are costly, both in human and fiscal terms; and NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE ELSINORE, this 27th day of April, 2004, do hereby proclaim May 2004, as MENTAL HEALTH MONTH in the City of Lake Elsinore, and call upon all the citizens of the City of Lake Elsinore to increase awareness and understanding of mental health illness and the need for appropriate and accessible services for all people with mental illness. THOMAS BUCKLEY, MAYOR AGENDA ITEM NO. b PACE---LOF ......L-.t ~ WHEREAS, motorcycle organizations throughout the United States join together to promote Mayas "MOTORCYCLE AWARENESS MONTH'; and WHEREAS, motorcycle organizations recognize Mayas the official start of the riding season; and ~ WHEREAS, ABATE of California, requests the support of the City of Lake Elsinore in efforts to promote motorcycle awareness and an accident free Inland Empire. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE ELSINORE, on this 2th day of April, 2004, does proclaim the Month of May, 2004, MOTORCYCLE A WARENESS MONTH' in the City of Lake Elsinore. THOMAS BUCKLEY, MAYOR ~ AQENDA ITEM NO. E' '-, PAGElOF..-L.. ,.-.-. WHEREAS, the teen pregnancy problem crosses all racial, cultural and socio- economic lines, and teen parenthood has emotional, health and financial consequences that impact the teen, their families and society as a whole; and WHEREAS, all of us play an integral role in preventing teen pregnancy in our respective communities and government alone cannot solve the problem of teenage pregnancy; and WHEREAS, the California Department of Health Services' teen pregnancy prevention programs and its media campaign have created and enhanced opportunities for collaboration between government and parents, community groups, schools, religious institutions, health and human service providers, and the private sector in California to plan and implement effective strategies and programs in communities across the state to reduce the number of teen pregnancies; and ~ WHEREAS, in the year 2002, births to teens 15 through 19 years of age declined to a rate of 41.1 per thousand, down from 45. 1 per thousand in 2001 - making California's teen birth rate fall below the national average of 43 per thousand - for the second consecutive time in 10 years; and WHEREAS, this significant decline of such an important health indicator clearly attests to the fact that effective intervention programs and the involvement of California communities and the media campaign are making a difference; NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE ELSINORE, on this 27th day of April, 2004, do hereby proclaim May, 2004 as Teen Pregnancy Prevention Month. ow THOMAS BUCKLEY, MAYOR ---- AGENDA ITEM NO. -F PAGE OF--1- ~ MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCYIPUBLIC FINANCE AUTHORITY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 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, Parks & Open Space Manager Fazzio and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there was one item for closed session. I. Real Property Negotiations with properties involved in the Wasson Canyon Investments Agreement; participating parties were Wasson Canyon Investments, Southshore, and City of Lake Elsinore. ~ She indicated that a Special Notice had been issued for 5:00 pm, to discuss Elsinore Christian Center in closed session. . --,. AOENOA ITEM NO. i CL . "-'~";": PAOE----L-OF J d- PAGE TWO-STUDY SESSION-MARCH 23, 2004 ~ Consent Calendar 1. Minutes - Councilman Hickman commented on Item 1 b page 16 of 23 that there was a typo. Mayor Buckley commented on Item lc page 32 of65 item 23 at the bottom of the page to add the statement - "a continuance of this item". He also indicated there was a typo on page 46 of 65 second paragraph eighth line down. He noted that on page 48 of 65 the first line that he was not questioning if the City was run better than it use to be, the question was, if it was run well enough. 2. Warrant List - Councilman Magee 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 #77067 Powerland Equipment for $14,990. Lake & Aquatic Resources Director Kilroy explained that was for the mowing of the back basin levee slope. He commented they had problems for years trying to have that mowed and the brush was very heavy. Councilman Magee inquired if the equipment was actually purchased. Mr. Kilroy indicated the equipment was not purchased the fee was just for the mowing on the steep slope. Councilman Schiffner inquired how often that slope would need to be mowed. Mr. Kilroy explained that in the 90's there was difficulty maintaining that slope; and there were bids of over $40,000 to do it by hand. He commented there was test cutting this year to ensure the equipment used would work. City Manager Watenpaugh noted this item was presented to Council at a previous Council Meeting for authorization to fund and contract the item. Mr. Kilroy indicated that it was part 6fthe mid-year budget review. ~ Councilman Hickman requested clarification for various checks issued from Item No.2, the Warrant List. Staff clarified the checks in question. ~ -.-.~ ACENDA mM NO.~ . w.~-.'" PACE ().. OF J J ~ PAGE THREE-STUDY SESSION-MARCH 9, 2004 Mayor Buckley requested clarification for various checks issued from Item No.2, the Warrant List. Staff clarified the checks in question. 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.1, asLLMD Annexation No.2. Administrative Services Director Pressey commented that the developer came in after the Engineer's Report had been published and adjusted the square footage of the Landscaped area that was to be assessed; there were some numbers that had changed. Mr. Pressey offered to read the numbers or provide Council with a revised copy. He noted they were adding 360 sq.ft. at 32 cents a square foot and increased by $300. The first number change was on page 13 of20 from 22,300 sq.ft. t022,560 sq.ft. ~ Mayor Buckley inquired if the item needed to be pulled from the consent calendar. City Attorney Leibold explained that the change could be noted in the motion on consent, but it did not need to be pulled. 4. Resolution of Intention to Establish CFD No. 2004-1 (City Center Townhomes). Councilman Hickman requested clarification that they were asking for a $5 million CFD. Administrative Services Director Pressey explained that it was not to exceed $5 million. Mayor Buckley requested clarification that it was for phase 1 and 2. Mr. Pressey confirmed that it was for phase 1 and 2. Councilman Hickman suggested a $ 2 million CFD. Mr. Pressey commented that the $5 million gave "wiggle" room. Mr. Pressey indicated that it would be issu~d for $2 million, but the not to exceed amount was normally rounded a lot higher than was actually needed. ~ Councilman Magee indicated that Phase 1 had been approved and Phase 2 was going before Council that evening and also the CFD, it seemed as AGENDA IlEM NO~ PACE 3 _OF~ PAGE FOUR-STUDY SESSION-MARCH 23, 2004 ~ though Council and Staff was handling this project different than Laing Homes and requested clarification as to why. He was told that policy was the CFD could go first and he was more comfortable with items coming either at the same time or land use decisions being made before those types of decisions were made. City Manager Watenpaugh indicated that there was discussion about possibly pulling this item and bringing it all back at one time. The intent was partly because the developer apparently was moving to finance and sell the project. Councilman Magee reiterated that he needed clarification as to why this project was being handled differently than Laing two weeks ago. Administrative Services Director Pressey explained that two weeks ago for Laing Homes it was a Deposit and Reimbursement Agreement; the developer provided $50,000 towards the cost of researching the feasibility. He explained for the City Center Townhomes Project that was approved by Council around the beginning of February, 2004. Councilman Magee noted according to the staff report it was January, 2004, but Phase 1 of this project would have been approved before January, 2004. Mr. Pressey confirmed. Councilman Magee reiterated the land use approval came first before any action on the CFD. City Manager Watenpaugh commented that part of that was driven by the developer. Councilman Magee explained that he brought up the issue because two weeks ago he was told there was a specific policy. City Attorney Leibold explained the policy as she recalled dealt with CFD's and what needed to be in place prior to bonds being issued and the maximum amount of the special tax. ~ 5. CEQA Compliance Documents. Councilman Magee commented that Albert Webb & Associates had an outstanding reputation in the County. City Manager Watenpaugh commented that the normal process was that staff went ahead and brought in a consultant, but due to the amount of _ money and the questions in terms of spending, staff thought it was important to bring it forward to Council to review. Councilman Magee inquired about the time schedule and if the process had already started. Community Development Director Brady commented that ~ AGENDA ITEM NO. I 0.. PAGE Lf OF LJ u~ ~ PAGE FIVE-STUDY SESSION-MARCH 23,2004 since it was a cost recovery, the City controlled it rather than having the applicant control the consultant to prepare the environmental document, which was a City document and they then deposited the money with the City and the City reviews and controls the documents. He noted under the new policy staff brought it back to the City Council for approval due to the amount, so the schedule would be revised. 6. Assignment and Assumption of Development Agreement from Como at Tuscany Hills Corporation to Pulte Home Corporation. Councilman Magee commented that there was a typographical error in the staff report regarding the tract number. PUBLIC HEARING ~ 21. General Plan Amendment No. 2003-03 Mayor Buckley commented he was driving by the townhomes built near the Lowe's in Murrieta and indicated that they were on top of each other. Mayor Pro Tern Kelley commented that they were originally supposed to had been apartments that turned into townhomes, so basically you really have an apartment product. She also commented that across the freeway in Murrieta some of the others were built specifically for condos and the layout was different. Community Development Director Brady commented that the topography variation on the site would also break up the clustering effect. ~ Councilman Hickman inquired if the City charged on the formula for low and moderate income houses. City Attorney Leibold explained that redevelopment law required the Agency to produce affordable housing within the redevelopment project area boundaries equal to 15% of all newly constructed dwelling units. It did not mean that each project had to put 15% aside. She noted what she had encouraged and worked with the Community Development Department to do was for residential projects that were within redevelopment project area boundaries to include a requirement so there was a fair share of participation being contributed to the Agency for low and moderate income housing fund. Councilman Hickman inquired about the AGENDA ITEM NO. PACE C; ,~ Of 11- PAGE SIX-STUDY SESSION-MARCH 23, 2004 .--, $1.30 per square foot. City Attorney Leibold explained it was a negotiated number, because there was no City Ordinance at this time to address the issue. Councilman Hickman suggested something more standardized. City Attorney Leibold concurred. BUSINESS ITEMS 31. Second Reading-Ordinance No. 1116 - Public Safety Advisory Commission. Councilman Magee noted there was a typographical error under Section 2.46.030 last sentence. He indicated there was an issue with the language in 2.46.040 and 2.46.050 relative to the term of office and deferred to City Attorney Leibold. City Attorney Leibold indicated staff needed clarification, the item as it was presented in the agenda packet provided for the Mayor to designate the initial Chairman and Vice Chairman and the terms would run through July 1, 2005; through discussion at the Council Meeting the provision in 2.46.040 was revised so the Mayor was selecting only the initial Chairman and the Vice Chair would be selected from a majority of the membership of the Commission. She believed what the Council intended was the office of the initial Chair would run through December 31, 2004, but what they failed to do when making the revision to 2.46.040 was to pick up the revision necessary in 2.46.050 for it to make sense. --' Councilman Schiffner indicated that there was a paragraph that was left out indicating they would make their recommendations in writing to the City Council. Mayor Buckley noted that 2.46.060 E, stated the Commission should report to the Council on a regular basis. Councilman Schiffner indicated that was the only part that indicated the Council was involved. He commented any report the Commission had should come to the Council. Section E. only stated they would report to Council on a regular basis. Councilman Magee suggested including: The Commission may report to Council at any time, but not less than once per quarter. Councilman Schiffner agreed with including the statement. --' AGENDA ITEM NO. PACE C? Ie-\.. OF i ;).. ~ PAGE SEVEN-STUDY SESSION-MARCH 23, 2004 32. Acceptance of Planning Commission Resignation-John Barnes. ,-.... Councilman Magee indicated that he was told last week that Mr. Barnes had already moved out of town and requested clarification. City Manager Watenpaugh commented that he would be a resident until April 7, 2004. Councilman Magee noted Mr. Barnes letter stated he would continue through the April 6, 2004 Planning Commission Hearing. Councilman Magee commented if he had already moved, he did not feel it was appropriate for Mr. Barnes to be a Commissioner for a vote on anything; and he was told last night the Laing Project would be on the April 6, 2004, agenda. Community Development Director Brady indicated Mr. Barnes was in City Hall earlier and he understood Mr. Barnes to still be living at his home. He noted Mr. Barnes had been one of the most ethical and outstanding Commissioners and did not think he would sit on a Commission if he was not still living in the City. Mayor Pro TemKelley commented that the letter indicated "as of April 9, 2004". 33. Ordinance No. 1II8:-Amending LEMC Section 6.04.020. Mayor Buckley indicated there was a representative from Animal Friends of the Valley that would like to speak on the item. Anne Washington, Animal Friends of the Valley, indicated that they were requesting the Council increase the dog license by five dollars. She noted during meeting that was held between the four cities it was suggested that all the cities had the same fee structures for their licenses. The City of Lake Elsinore was the schedule they chose to follow with the exception that the altered animal license be raised from ten dollars to fifteen dollars for one year. She noted from January until now the City would have had an increase of $8,500 in revenue; the revenue offsets the dollar amount the City pays for animal services. Councilman Schiffner inquired about the fees for seniors. Mrs. Washington noted the fee for seniors would not change. ~ .......CNr.A iTEM NO.J_C\. ~~ j"\Vb; V . 1 PACE~OF I ..-; PAGE EIGHT-STUDY SESSION-MARCH 23, 2004 ......" 34. Ten Year Extension for Tree Trimming Agreement. Councilman Hickman inquired about the ten year extension. Parks & Open Space Manager Fazzio explained that the City would be able to keep the prices for ten years with no increase at $41.00 per tree. City Manager Watenpaugh noted page 7 of 13 Item 11, gave the City the opportunity to terminate if they were not meeting the needs. and the contract would come back annually for Council review. Councilman Magee requested clarification that the contract could be cancelled by the City Manager or majority of the Council at anytime. Mr. Fazzio confirmed. Councilman Magee clarified that work was going to be authorized by staff, budget approved by Council annually and an annual review of the performance. City Manager Watenpaugh confirmed. ....." 3 5. Records Access/Copy Expense. No comments. 36. Memorial Honoring Bill "Whiskers" Tucker. City Manager Watenpaugh indicated the family should be attending the evening Council Meeting. He indicated that the Council had not decided what type of memorial. Mayor Buckley inquired if the family wanted the Cove or the Beach. City Manager Watenpaugh indicated that staffhad not discussed the issue with the family, they had requested in the petition the north fishing beach. City Manager Watenpaugh -suggested a bronze plaque similar to the one given to Mr. Vasquez. Councilman Schiffuer suggested including a small catfish head on the plaque, since Mr. Tucker received so much prominence from that. Councilman Magee suggested clearing that idea with the family so as not to offend anyone. ,.....". AGENDA JTEl\,~ ,..0.-1 0. . PACE () Of 1 ;J-.~._r7 ~ P AGE NINE-STUDY SESSION-MARCH 23, 2004 Councilman Hickman suggested putting the memorial plaque in the park where the City had more control to prevent graffiti. Councilman Magee reiterated the family requested the location. 37. Amendment to Land Development Agreement, Temporary Land Transfer Agreement and Irrevocable Escrow Instructions with Wasson Canyon Investments, L.P. City Attorney Leibold indicated that this was the agreement Council approved in November that was discussed under real property negotiations in the past couple of meetings. She noted this was one of the last troubled CFD's and the temporary transfer of the title to the City to allow the County to release certain property tax, penalties and interest and the security of the City to ensure it was paid under the terms of the agreement. /'" 38. Lake Elsinore Management Plan. City Manager Watenpaugh indicated he had a written request from John Laing Homes to have the item deferred and brought back at the time Council reviewed the entire project. Michael Filler, John Laing Homes, indicated that they had worked out some mitigation measures to modify the existing permit and reissue the permit. The Army Corps of Engineers requested the three copermitees be on the same page with the items per the mitigation plan and that was the purpose for the request that letters were sent out. 39. Multi-Species Habitat Conservation Plan Update. ~ Mayor Buckley commented on April 12, 2004 at 2 p.m. at the County Counsel's Office they were making two Supervisors and their staff available to meet with himself, Councilman Schiffner and Staff. He indicated that the first letter page 5 of35 of the staff report second paragraph second sentence he wanted out of the letter. City Attorney Leibold noted that the following sentence would not coincide with the letter. Mayor Buckley continued to the second letter page 35 of35 of the staff report second paragraph, third line AGENDA iTEM NO.-1 C~ PACE 9 OF I;}- PAGE TEN-STUDY SESSION-MARCH 23;2004 '---' would need to be removed. He also indicated that in the fifth paragraph, last sentence needed to be reworded. Councilman Schiffner indicated that the last meeting the RCA had they violated the Brown Act by making changes in their direction after the meeting and included it on the next agenda; and noted he was not happy with the way they were doing things. Councilman Magee indicated that the development community had a problem now that the City Council approved the MSHCP. He noted for two months the County had done nothing and ignored the City of Lake Elsinore. He commented that the reason Supervisor Tavaglione and Supervisor Ashley were involved was due to lack of assistance from the First District. He commented Mr. Sauls who represented 15 developers in the area could not move forward. He indicated the County stated they would help calculate and move forward and for two months had done nothing and told our City Attorney they were not going to do anything. He noted the City was now in a tight spot along with Mr. Sauls and his clients and City staff. He commented the Council needed to provide direction. '---' Councilman Schiffner commented that the County indicated to him they had no intentions of answering the City; it was not their job anymore. City Manager Watenpaugh clarified that was told to the RCA Board. Councilman Schiffner indicated that at the last meeting Supervisor Buster made a motion to have the issue put on next month's agenda. 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. '---' ACErJOA ITEM NO. I <A- PACE 10 OF ./:1 " ~ ~ ~. PAGE ELEVEN-STUDY SESSION-MARCH 23, 2004 BUSINESS ITEMS No comments. PUBLIC FINANCE AUTHORITY Chairman Magee gave an overview of the PF A Agenda. Consent Calendar No comments. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCYIPUBLIC FINANCE AUTHORITY MEETING WAS ADJOURNED AT 5:30 P.M. THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE DARYL mCKMAN, CHAIRMAN REDEVELOPMENT AGENCY AGENDA ITEM NO. I n PACE /1 OF J ~ I PAGE TWELVE-STUDY SESSION-MARCH 23, 2004 Respectfully submitted, Frederick Ray, Deputy City Clerk ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE AGENDA ITEM NO. I CA. PACE 1'7 OF /1- - ~ "-"'" "-"'" ~ MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 2004 ******************************************************************* CALL TO ORDER The Special 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 LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Gov't Code S54946.9) Elsinore Christian Center v. City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore (United States District Court Case No. CV 0104842). ~ City Attorney Leibold announced the Closed Session Discussion Item as listed AGENDA nEM NO..J.. b PAGE-LOF ~ Page Two - Special City Council Meeting- March 23, 2004 ~ above. THE SPECIAL CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:41 P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION Mayor Buckley reconvened the Special City Council Meeting in public sessiomt 7 :07 p.m. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session on the above listed matter, with no reportable action. '-" ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 7:10 P.M. ATTEST: THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE "'" AQENDA neu NO.-LL PAGE-LOF ;). "....... MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, MARCH 25, 2004 ****************************************************************** CALL TO ORDER The City Council Study Session was called to order by Mayor Buckley at 5: 1 0 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, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PUBLIC COMMENTS Ron Hewison, 35 Villa Valtelena, indicated that it was great to have the public involved in this process; but noted that the Water Board provides a full packet for the public at meetings. He suggested that this would allow the public to more accurately and appropriately address the Council. DISCUSSION ITEMS '" A. City Treasurer Position. A&ENOA ITEM NO. I c. PAGE-L OF ,~ Page Two - City Council Study Session - March 25, 2004 Mayor Buckley noted that the Municipal Code had only one paragraph regarding the Treasurer's powers and duties, and read Municipal Code Section 2.42.080. He indicated that the Council Policy was adopted in 1989 with four duties, and also read those duties. He commented that while the Code was very broad, the policy was very limited. He suggested that it would be best to at least make them match, so everyone knows what is to be done. City Treasurer Weber noted his concerns due to the complexity of the bonds; and suggested that the City had quite a way to go on the GASBY 34 requirements. He addressed comments from Mayor Pro Tern Kelley about the need for help and a Finance Committee. He clarified that the intent would be to have two people assist him in going through City finances. He addressed policy statement No.3, and noted that he never sees financial transactions until the meeting with Council. He suggested that he should be involved much earlier, to comply with the role. He noted the January 22nd meeting comments and indicated that after he asked for the Finance Committee, Mayor Pro Tern Kelley pointed out that there were no qualifications for the office, and suggested that it was not appropriate for the position to oversee the budget. He concurred with that point and expressed understanding of her position. He noted City Manager Watenpaugh's comments regarding the 1990 bond issues and his confirmation that there were problems which were corrected without the help of the treasurer, but through the financial team. He stressed that he would not intend to direct how the bonds were done, but indicated that there needed to be more of a team approach, as is done in business. He suggested that he was seeing issuances of $23 to $25 million for the first time at the meeting. He noted that the Council wanted to be more involved in the bonds and creation of CFD's, because of the amount of money. He indicated that he wanted a reclarification of the policy and an explanation of the differences in what the Treasurer will be doing. He noted that he would have to abide by whatever the Council decided. City Manager Watenpaugh indicated that if Mr. Weber wanted to be an """'" ......, """'" A(iENOA ITEM NO. J c. "PAGE .1 OF ~ ~ Page Three - City Council Study Session - March 25, 2004 active participant with the Finance Team, that would be great. He eXplained that there was an outside finance team and Mr. Weber might be feeling outside the loop because of where the policy puts him. City Treasurer Weber requested the ability to contact the Union Bank representative to request material directly from them. He suggested that he would not put the City at risk by contacting them, noting that he had requested a list of material and still has not received it all. He indicated that he wanted to know how much Bond Counsels were getting paid and would rather not have to go through the City Manager. He indicated that he would prefer to contact them directly, since he had the phone numbers. He further indicated that he did not want the City Manager to worry about what he was doing, as it was not intended to be adversarial. He suggested that the adversarial approach needed to end. ~ Mayor Buckley commented that even prior to the election, he had thought that there was a need for as much public input as possible, and stressed that the Treasurer was an elected official. He noted that the past officials had not been willing to participate or were required to use speaker forms; but stressed that the job existed and had significant citizen support. He commented that the past attempt to eliminate the position went down overwhelmingly. He addressed definition of the position and noted with regard to the four existing policies, he had an idea to add that: The Treasurer shall have open and complete access to all financial records via the Administrative Services Director. And The City Treasurer shall be a member of the City Finance Team and actively involved in the creation of annual and capital budgets. Additionally if a Finance Commission is appointed the City Treasurer will be the chair of that. He stressed that the Treasurer should have the same meeting rights and responsibilities of a Council Member, except the ability to vote. He also noted that the Treasurer should have access to the RDA financial, but clarified that the City Manager was the RDA Treasurer. City Manager Watenpaugh confirmed. Mayor Buckley inquired if the City Code was in conflict with the RDA bylaws. City Attorney Leibold indicated that there was no conflict as the Agency was a separate legal entity. ~ AGENDA ITEM NO. I f '-, PAGE 2> OF J (/j Page Four - City Council Study Session - March 23, 2004 ....." Councilman Hickman indicated that the City Treasurer should have access to the RDA, due to concerns with payback and the RDA Project Area III. He suggested that the position did not need to be added to. City Treasurer Weber stressed that this discussion was about the position, and not the person. Councilman Hickman inquired how Administrative Services Director Pressey felt about the proposed changes. Administrative Services Director Pressey indicated that he was fine with the overall purpose of the position and how involved he was in the decisions from a financial aspect. City Treasurer questioned the intent and what would be involved, particularly ifhe would be actively involved in the long term financial team. Mayor Buckley clarified that he felt the City Treasurer should be part of that team. He noted that while the Treasurer was newly elected for this budget year, he should in the future be involved in the short and long term discussions. ....." City Manager Watenpaugh indicated that he had no problem with the proposed changes, but questioned the intent to allow the Treasurer to vote. Mayor Buckley clarified that the intent was that he would have the rights and responsibilities of the Council, save the ability to vote. He would be allowed to participate and held responsible for participating in the appropriate fashion. Councilman Schiffner indicated that he had no objections to many of the comments, and if the Treasurer wants some other people involved that would be fine. He expressed concern however with the Treasurer becoming as deeply involved in the process as was proposed, that he would suggest setting requirements for the position at the next election to ensure that the person elected had a background in finances. He suggested using a group of Finance Directors to put together a proper background for something like this. He questioned the ability to set requirements for the position. He stressed that the person should have adequate experience in public finances and bonds before turning over the responsibility to them. City Treasurer Weber concurred that there should be someone who was a CPA in the ....." AGENDA ~TEM NO. I L PAGE~OF Ib ~ Page Five - City Council Study Session - March 25, 2004 ~ position. He noted that Charter Cities require that but they make more money; and indicated that it is difficult to get people to take the time out of their day. Councilman Schiffner stressed that he was not in favor of turning the process over to someone without the background. Mayor Buckley questioned the guidelines to run for office. City Attorney Leibold explained that the qualifications were set by Code. Mayor Buckley questioned the ability to change the qualifications. City Attorney Leibold indicated that the issue of qualifications was probably the reason the majority of cities don't have a Treasurer. She commented that Charter Cities were the exception, as they could establish different requirements; however in a General Law City that was not clear. She indicated that if the Council chose to go that direction, she would have to investigate the matter, but her instinct was that it would be overruled by State law. Councilman Schiffner commented that the reason the position had carried very little responsibility was that there were no requirements. He suggested appointing a qualified person to do the function, rather than letting anyone off the street run for office without any background to take responsibility for finance. City Manager Watenpaugh clarified that he did not hear the Treasurer saying he wanted to write a check or watch the money, but rather participate in the review process. He indicated that he did not see a problem, but it might slow things down a bit. City Treasurer Weber commented with regard to investing money, someone would have to be a CPA to manage that type of portfolio. He suggested that the current level of interest on the reserve funds was very low. Mayor Buckley suggested that the position should be similar to Council inputting into policy, but not micromanaging. City Manager Watenpaugh indicated that the Council only had to authorize the Finance Team to respond to the Treasurer, as they do not take calls from the general public or developers. He further indicated that he would need to get in touch with the Finance Team and authorize them to answer his questions. He commented that Mr. Weber ran on getting input back to the community and something useful for the City; and suggested his participation was an excellent idea. "'" Councilman Hickman noted that there was quite a learning curve in this AcaENOA ITEM NO. I c "'. PAGE~ OF J ~, Page Six - City Council Study Session - March 25, 2004 intricate area. He suggested that backing himself with a couple of knowledgeable people to walk him through it and educate him was a good idea, without bothering the Finance Team. Councilman Magee noted that he had requested a list of City Treasurers since 1985, and as he looked at the individuals and the times they held the office, he could see that the role of the Treasurer increased or decreased based on the majority support by the Council. He indicated that the current Treasurer was sensitive to the need for a level playing field, and suggested that it should not fluctuate. He noted that the City Treasurer or other elected officials should not fill out a three minute request to speak form. He noted that with respect to the chain of command issues, as a Councilmember he is required to work through the City Manager; and the City Treasurer should also. He commented that the Council could not call consultants or department heads, but their staff is the Clerk, the Manager and the Attorney. He indicated that all of his contact is with the City Manager and he would not support the City Treasurer being able to speak to Union Bank or a consultant without the City Manager being in the loop. He indicated that he believed the City Manager would facilitate such conversations with direction from Council. He commented that with respect to the role being bandied about as a "watchdog", it could be used as a positive term with oversight of funds and continuing the renewed openness policy to encourage public involvement and set aside the apprehensions in the community. He suggested that decorum at public meetings could go a long way to make the process easier for everyone. He noted that the current Treasurer wants to participate, but needs to be recognized by the chair, however there needed to be either a direct line of sight or a strategy to limit disruptions. He stressed that participation is not appropriate, if not recognized by the chair. He suggested that design factors might assist with the decorum concerns; and stressed the need to exhibit decorum and respect for the citizens, consultant or staff consistent with policy no. 200-1. He further suggested that any press releases issued by the Treasurer should be consistent with policy no. 400-6. He stressed the need to spend some time to discuss the limitations and guidelines to be attached to this role, including AGENDA ITEM NO. I G PAGE.1L OF~ '-" '-" '-' ~ Page Seven - City Council Study Session - March 25, 2004 ~ the appropriate use of staff. He commented that staff is a resource and resources cost money, of which there is not a bottomless pit. He stressed the need for openness and communication, as much as possible, but indicted that it can't be eight hours, five days a week. He noted that some Councilmembers meet with staff every week and get briefed, and suggested there should be something more regular to allow staff to work effectively with the Treasurer in the time effective manner. He indicated that with regard to the City Treasurer being on the Finance Team, he was a bit ambivalent. He concurred with participation on the budget, but questioned the Finance committee. He stressed the need to follow the policy manual, but suggested that meeting rights came back to decorum. He addressed access to RDA financials, but stressed that it had to be consistent with the chain of command through the City Manager. He concurred with the team approach, but noted that a team has a quarterback or a center, and the ball is run through the City Manager. He agreed the adversarial situation needs to go away, but everyone needed to work on that. ~ Mayor Pro Tern Kelley concurred that there were a variety of components, but the Council Policy Manual was the guideline she and staffhad to go by. She stressed that there were policies established and everyone needed to follow them. She indicated that she had no problem making the Treasurer a part of the Finance Team; and noted that with regard to the budget, he is always invited to the budget review meetings. She agreed with Councilman Magee on the meeting rights and chain of command, with the City Manager running the City. She indicated that it undermines the ability to run the City, if requests were not channeled through the City Manager; and commented that she would not be comfortable with someone skirting that process. She indicated that she had no problem with the Treasurer having accessibility to reports; and clarified that her quote was following his comments on needing help with the complexity of the issues. She reiterated that there were no requirements to run for Treasurer, and suggested excluding the person from the discussion and looking at the position down the road. She noted that the current policy was set in 1989, and expressed caution in the rights and responsibilities assigned when there are no requirements for the position. AGENDA ITEM NO.~ PAGEl~ Page Eight - City Council Study Session - March 25, 2004 She indicated that she felt the Treasurer was asking for participation, which she did not have a problem with. She indicated that she did not disagree with what was added, except the meeting rights and making phone calls. She suggested that it was not appropriate to call bidders or the banks; as everything needs to go through the City Manager. She noted that her quotes from the table were due to the interest in expanding this position, but she was not willing to expand the position without the opportunity to discuss the matter at the dias. She indicated that she could appreciate that the Treasurer was excited and wanted to do the job; but she had a problem when he was out doing his own thing and not coordinating with the City Manager or abiding by the policies the Council is required to abide by. City Treasurer Weber noted as far as calling the bank, he didn't think he would have to do so, ifhe participated on the Finance Team. Councilman Magee indicated that this participation was one way to encourage participation from the Treasurer and relieve some of the angst that he won't have time to speak during the public hearing. He suggested amending policy no. 100-4a to add Treasurer Comments at the end of the agenda for each meeting. He stressed that this would maintain a time for his use, but he could decline if he had no comments that evening. He stressed that it would not be a requirement to speak, but it would be an opportunity to speak. He noted that there was no requirement for the Treasurer's attendance at meetings, but there needed to be; and suggested amending policy 200-1 to require that he attend meetings or advise the City Manager in advance if he will be absent. Mayor Buckley noted the Council limitation of three unexcused absences. Councilman Magee reiterated that they should have the same rights, responsibilities and obligations as the Council. Councilman Schiffner questioned the level of participation at Council meetings, and suggested that he had an obligation to speak on questions of finance, but not on whether to spend money or how much is spent. Mayor Buckley noted so much of the consideration involves other people's money, so he would want as many people as possible looking at the issues. He noted that not a lot of things on the agenda are completely free. AGENDA ITEM NO. j G PAGE 't OF \ ~ '--' '--' '-"" ~ Page Nine - City Council Study Session - March 25, 2004 ~ Edith Stafford, 29700 Hursh, indicated that she was a little taken back about speaking about background after an official was elected to office. She suggested that if the voters felt confident enough in his background, it was a little late for Council discussion. She suggested that the Treasurer should have more involvement in what is going on in the City, and questioned who oversees what the Manager is doing. She indicated that the Treasurer should have a little more involvement, so the citizens will be able to understand the rapport with someone at the City's level. She questioned why there were rejections, when someone tried to improve things for the citizens. She noted that in the past the Treasurer was treated like an ordinary person, and not allowed to look at anything in the past. She indicated that she could not understand anyone having that kind of feeling toward an elected official. She expressed hopes that the policies would be tightened up, so the City can run well and give the citizens more confidence. Bill Arnold, 31556 Sagecrest Drive, commented on an article in last week's newspaper about his concern with documentation provided; and clarified that on the 18th of November he had a meeting with the Finance Manager and he said he would provide the documentation free, but later said he could not provide it for free. He noted that he spoke with Mr. Weber and he said he would see what he could do; so he was simply trying to approach a problem and the way to resolve it. He indicated that he was glad to see the City looking at the Treasurer's powers. He expressed hopes that they would not restrict him too much. He stressed that part of the responsibility for the money is to spend it and watch it. He further stressed that the Treasurer should be involved in the process. '"", Carmen Delsman, 31512 Sagecrest Drive, indicated that the City Treasurer was doing a great job, and was very informative, giving them a lot of necessary information since they recently moved here. She noted that they bought the home and a year later got a tax bill, they had not been informed about. She indicated that he had provided a lot of information, and another set of eyes to look at the finances were very beneficial. She suggested that the requirements should be similar to those of a Councilmember. She noted AGENDA ITEM NO.J~ ____ PAGE.....i. Of' (h'" Page Ten - City Council Study Session - March 25, 2004 "" that the Council votes on CFD's, but they aren't required to have bond knowledge. Michael O'Neal indicated that he had not intended to speak, but was seeing a fundamental problem in the process and everyone was struggling with this issue. He commented that the problem stemmed from the fact that there was no definition for the position; and that was where this process needed to start. He stressed the importance of establishing what the Council wanted to achieve with this position, noting that it reports to the Council and not the City Manager. He suggested they might want to look at how everyone interfaced. He suggested that this was one of the fundamental problems with activism in that the position was more like an examiner, unless the position was redefined. He noted that he heard the Treasurer talking about giving the public information, but commented that was not the role of the Treasurer. He indicated that the role was to give the Council information, and suggested looking at the discussion in a different way. "" Chris Hyland, 15191 Wavecrest, indicated that she had not planned to speak, but she was rather offended by Councilman Schiffner's comments about qualifications. She indicated that she would like to know the qualifications of each Councilmember, and stressed that they were elected by the citizens. She questioned the Council's qualifications to approve bonds. Mayor Buckley commented that everyone brought a different range of experiences on a vast number of topics. He suggested that City Treasurer Weber, Mayor Pro Tern Kelley and Councilman Magee work on a subcommittee to rewrite the policy. He indicated that it was an important point to be consistent from person to person, and inquired of the City Attorney how to ensure that it was consistent, as a policy or codified. City Attorney Leibold indicated that either was fine, but changing the Code was more involved. She suggested that codification would not be a bad idea. Councilman Magee indicated that he would accept that with the caveat that they were only revising the City policy with the input heard today, noting ......, AfiENDA ITEM No..Jk PAGE1D-OF ,,-..., Page Eleven - City Council Study Session - March 25, 2004 concerns with limitations and guidelines. He indicated that he would appreciate the opportunity to work with Mayor Pro Tern Kelley and the City Treasurer to flush that out, but noted that what would come back would include more material. He pointed out that various roles had been discussed including the City Manager, but one person who had not been mentioned was Administrative Services Director Pressey who was newly hired in the position, and working without a net with the new Council and a new City Treasurer. He noted that Mr. Pressey takes his direction from the City Manager and he could honestly say that was the one City position he did not hear any complaints about. He commended Mr. Pressey on his work. ,.... Councilman Schiffner commented that background and experience was mentioned; and noted that Mr. Pressey would not have been hired without the proper background and experience, and he came with a great deal of both. Councilman Hickman noted that he was never active in politics prior to his election, but remembered City Treasurer Knapp at the podium. He commented that the present situation was created by the past history of the City and the financial problems were created by the CFD's. He stressed that those circumstances helped to form the attitude of the Council and he wanted wiggle room and the ability to work together and cooperate. Mayor Pro Tern Kelley noted that Mr. Knapp many times spoke as the Treasurer, and her own husband also spoke when he was the Treasurer. She indicated that she would be delighted to accept the challenge of working on the policy. Councilman Schiffuer agreed to the formation of the subcommittee and suggested consideration of what Mr. O'Neal had suggested. B. City Council Policies. ,...... Mayor Pro Tern Kelley questioned the direction the Council was going to go with this item, noting the volume of the policies. Mayor Buckley indicated AGENDA ITEM NO. --! c... PAGE1L- OF 111 Page Twelve - City Council Study Session - March 25, 2004 that he thought if people had picked out specific policies which should be changed, either radically or minorly, they could just go down the line and discuss them. THE CITY COUNCIL STUDY SESSION WAS RECESSED AT 6:12 P.M. THE CITY COUNCIL STUDY SESSION RECONVENED AT 6:24 P.M. Mayor Buckley addressed policy no. 100-1, page 2 of 3. Councilman Schiffner suggested appointing another subcommittee of the Council to work on the policies and bring the proposed changes back for consideration. Councilman Magee suggested that the Mayor participate on such a committee. Mayor Buckley questioned the need to retain City Council meeting tapes longer than four years. City Clerk Kasad commented that they are intended to be a tool for preparation of the minutes, with the minutes being the official record. Mayor Buckley addressed policy no. 100-9 regarding Change Orders and the level at which they have to come to Council for approval, noting that the policy made him nervous. He addressed policy no. 100-10, and suggested interpreting access as broadly as possible. City Manager Watenpaugh clarified that there was only a charge for records if someone wanted copies; but questioned how many times to pull the same records for the same person. Mayor Buckley suggested this was possibly a three strikes issue. Mayor Pro Tern Kelley noted that staff time was costly. Mayor Buckley concurred that there should probably be a limit. City Attorney Leibold suggested three times and then they pay a cost for the staff time. Mayor Buckley addressed policy no. 200-17, noting that the order of business did not match the other policy on the agenda, no. 200- 1. Mayor Buckley questioned the definition of majority vote, noting that in policy no. 200-1, an ordinance or resolution passes, unless a greater majority is required by law. He noted that there were three votes on the CFD, and the policy defines majority as three. Councilman Magee questioned the policy taking precedence over that. Mayor Buckley confirmed. City Manager Watenpaugh questioned the impact of the abstentions. City Attorney Leibold clarified the abstention issue vs. the AQENOA ITEM NO. I ( PAGE.l2:... OF ...l.k- """ ....., ~ "'" Page Thirteen - City Council Study Session - March 25, 2004 "'" issue of absences. She indicated that common law practice is that an abstention counts as a positive vote, although Roberts Rules suggests they don't count. She indicated that in California Case Law, an abstention was considered a positive vote; and noted that the Government Code says majority means a majority of those present, except on specific actions of the elected body. She noted recent changes that changed the verbiage from three to a majority of the elected. She addressed the possibility of a policy overriding case law and indicated that she did not remember seeing anything inconsistent with State law. Councilman Magee stressed the need to find out the actual effect, specifically with regard to the CFD. He indicated that there was existing policy that was not followed. City Attorney Leibold noted that the City could enact a policy that was different than State law, but if the City's policy is inconsistent it would be impermissible and need to be fixed. Mayor Buckley suggested that policy no. 300-2 regarding petty cash should eliminate City Council access. He indicated that policy no. 300-8 had been a bug-a-boo for him for quite a while; and suggested that the Administrative Services Director and City Treasurer look at it in detail, noting that the City should not be stupid enough to invest in derivatives. Mayor Buckley noted the seat belt policy and use of city vehicle policies. City Treasurer Weber noted that when he was in the military one had to fill out forms to take a vehicle off-base; and commented that there was also the risk of alcohol, and suggested keeping the policy strict. Councilman Hickman noted that mileage should be based on Mapquest mileage. Councilman Magee requested an addition that if a City vehicle is involved in an incident, the driver should submit to a blood alcohol test, in a timely manner, with the results to the City Manager for possible action or termination. He noted that there was a policy at his company requiring immediate testing, with the potential for immediate termination. Mayor Buckley noted some typos in the Internet policy. "'" Councilman Magee noted that he had things to point out as a reminder that they in the manual, as well as some changes and additions. He addressed policy no. 100-1, item 1, noting that the manual was intended to contain all policy statement adopted by resolutions or minute actions; so if they were AGENDA ITEM NO. I ~ PAGE )2> OF \ L Page Fourteen - City Council Study Session - March 25, 2004 not in the book they did not exist, such as the CFD policy. He stressed the policies that he has heard about that are not listed in the manual. He noted that there was to be a Council committee to review the manual annually, but there were typos dating back to 1984. He noted the need to add Treasurer comments to the end of the agenda. He suggested in light of the recent turmoil on copying, that policy no. 100-10 needed some particular attention, and might need updating. He addressed policy no. 200-1, noting that the Mayor may call a study session or any four members of the Council, and suggested that might be a bit prohibitive. He suggested that it be changed to the Mayor or any two members. He addressed policy no. 200-1 and noted that the Council had the ability to extend a speaker's time beyond the three minute limit to complete their point. He addressed the rules of decorum and read section 9.3, noting that it also referred to the audience and should apply to elected officials and staff. He addressed policy no. 200-5 regarding appointments and suggested firming this policy up. He commented on policy no. 200-7 regarding the City Treasurer and noted that it was discussed fully. He further commented on policy no. 200-10 regarding the scheduling of Study Session on Tuesdays, and noted that was not consistent with what was happening. He addressed policy no. 300-1, noting that the Treasurer's compensation needed to be added, as well as health insurance and other benefits provided to elected officials. He requested the addition of verbiage, that no other committee or commission shall receive compensation without direct approval from the Council. He addressed policy no. 300-2 regarding petty cash and concurred that since 1993 the Council had been able to be reimbursed out of petty cash. He addressed policy no. 400-1 regarding City identification and noted that he does not have his card and he did not want to be out of compliance. He suggested that policy no. 400-6 also include the City Treasurer with regard to press releases. Mayor Pro Tern Kelley noted that at one point there was a policy regarding correspondence, wherein every Council person received copies of all correspondence. She suggested that this should include e-mails. She noted that there was also a policy regarding the use of City letterhead, and if AGENDA ITEM NO. I L PAGE I Y OF1 \ b 1 '-*" "-'" '-*" ~ Page Fifteen - City Council Study Session - March 25, 2004 a person was writing a personal opinion from a personal stance, they needed to state that it was their opinion. Councilman Hickman concurred with the e-mail portion. Mayor Buckley noted e-mails sent to the City Manager, and questioned if the Council wanted to see all of those too. Mayor Pro Tern Kelley suggested that this came to an issue of common sense, but there were a lot of e-mails that she and Councilman Schiffner had not been a party to. Councilman Hickman indicated that he had not gone through the manual. Councilman Schiffner indicated that the Council needed to keep in mind that there were probably some items set by municipal code or standard procedures that would not rise to the level of Council policy. He suggested that this manual should not address routine things done by staff. ~ Mayor Buckley inquired if the manual covered action by the Redevelopment Agency. Councilman Hickman indicated that they should be consistent with regard to the set-aside. City Attorney Leibold indicated that was something for an Ordinance, and indicated that City policy was not something adopted by the RedevelopmentAgency, so she would say no unless the RDA decides to adopt them or abide by them. City Manager Watenpaugh inquired if there were other policies the Council wanted to consider such a public facility naming, as there was no such policy. Mayor Buckley noted that the School District allowed naming facilities after living people. Mayor Pro Tern Kelley noted the memorials at Butterfield School. Mayor Buckley noted that Jerry Tucker called and the family would now prefer the fishing beach. City Manager Watenpaugh indicated that he would meet and bring back a package with the verbiage and location. Councilman Schiffner concurred that the package should be put together and submitted to the family before the Council took action on it. ~ Mayor Buckley suggested that with regard to Robert's Rules the Clerk should buy copies for distribution to everyone, as well as the plasticized IG AGENDA ITEM NO. l PAGE .--1.2.. OF (., Page Sixteen - City Council Study Session - March 25, 2004 ......" sheet. City Attorney Leibold indicated that it was a good idea, however in deference to Roberts Rules, she had always questioned their applicability to municipalities. She questioned if it was appropriate to default to Robert's Rules or if there was a better fit. Mayor Buckley requested that the City Attorney and City Clerk discuss this. Mayor Pro Tern Kelley indicated that the Committee had a general idea of where to go with the revisions. Mayor Buckley appointed himself and Councilman Hickman to the committee to review and revise the policies. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 7:00 P.M. ....." THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE .""'" AQENDA ITEM NO. I ( PAGE.Jh... OF--Lk- "..-. MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 13,2004 ************************************************************* CALL TO ORDER Mayor Pro Tern Kelley called the Joint Study Session to order at 4: 10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, -. ABSENT: COUNCILMEMBERS: BUCKLEY (Mayor Buckley arrived at 4:40 p.m.) 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, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there was one item for closed session. 1. Conference with Legal Counsel-Anticipated litigation (1 case). "..... Cj' ACENDA ITEM NO.--1L _ ....~A9F: /" -'-'-OF-1.L..J PAGE TWO-STUDY SESSION-APRIL 13,2004 ......, Presentations/Ceremonials City Manager Watenpaugh noted that the Mayor would also be presenting Sav- On Drug Store with Business of the Quarter. Councilman Magee inquired on the Economic Development Presentation. City Manager Watenpaugh explained that the Riverside County Economic Development Agency took over sponsorship from the Riverside County School District and was going to give a brief presentation of the types of services and programs they offer. Community Services Director Sapp noted Jerry Craig would be present for the presentation. Consent Calendar """'" Minutes - Councilman Hickman inquired if the RDA received the Lehr Option. He indicated he had requested it be given to the RDA Committee. City Manager Watenpaugh explained the RDA did not hold the option with the Lehr's. City Attorney Leibold explained that the Agency had no contractual interest in the Lehr agreement at this point. Councilman Hickman inquired on item 1 f page 60 of 69 last paragraph, he suggested using "bored" instead of "awed". Councilman Magee indicated on item 1 c page 6 of 54 there was a typo. He also indicated item 1 d page 2 of 14 there was discussion regarding the Molendyk check and the minutes reflected that a copy of the check was provided for individuals that requested a copy. He commented to the best of his knowledge, no one received a copy of that check; he understood ......, AGeNDA ITEM NO. j d - '~~'~~~'6' ~~q[;.> --fl- 'OF .....J.L.-J ".-... PAGE THREE-STUDY SESSION-APRIL 13, 2004 the minutes reflected what was said at that time, but indicated he had not received a copy of the check. City Manager Watenpaugh indicated that in talking with Finance Manager Magee, a copy of the check was made before it was deposited and given to Edith Stafford; once the check was deposited staff did not have a copy. He noted there was no copy of the check at City Hall, but he could provide Councilman Magee with a copy of everything that staff had regarding the deposit; he reiterated there was no copy of the actual check at City Hall. Councilman Magee noted there was a typo on item 1 f page 65 of 69. "....... 2. Warrant List - Councilman Magee requested clarification for various checks issued from Item No.2, the Warrant List. Staff clarified the checks in question. Councilman Hickman requested clarification for various checks issued from Item No.2, the Warrant List. Staff clarified the checks in question. 3. Proclamation-Crime Victims' Week. No comments. 4. Claim against the City. No comments. 5. CFD for City Center Townhomes Phase II. No comments. 6. CEQA compliance documents for Home Depot. ".-.. Councilman Magee inquired if staff policy or procedure was to allow the developer to select their own environmental consultant; and then the City ACENDA ITEM NO. \ d PACF 3'OF---U-.- PAGE FOUR-STUDY SESSION-APRIL 13, 2004 ....., issue the request for proposal and review that company's response or did the City have a list of preferred vendors. City Manager Watenpaugh explained that through Duane Morita, contract Environmental Coordinator, HDR had done most of the City in house work as a contractor. The applicant paid the fee and staff was in control as opposed to having the developer actually use their own environmental specialist. Community Development Director Brady commented that the applicant might have someone review the report. Councilman Magee clarified that on any particular project, Mr. Morita selected based on his experience; which consultant was appropriate for this particular type of project and then he request they prepare a proposal and if he deemed it acceptable it then came to Council for approval. ....., Community Development Director Brady confirmed that was basically correct. Councilman Magee indicated that he had reviewed Mr. Morita's contract and it seemed as though the City had placed a lot of authority; and felt that was something Council and staff might want to review again. He indicated that he preferred to keep the money in the City or in Riverside County before sending opportunities to other Counties. Community Development Director Brady clarified that it was other City staff as well, Mr. Morita did not make the sole decision. Councilman Magee indicated his contract stated he was responsible for it and there was no listing of oversight. Community Development Director Brady indicated that ultimately he was responsible since it would come through his department. '"""'" ACEf\jDA iTEM NO.JJ ". .. PACE . ..i-....OF~ ,.,-- PAGE FIVE-STUDY SESSION-APRIL 13,2004 City Manager Watenpaugh indicated that extra steps would be added to give that control. 7. Amendment to the License Agreement of the Old Library Building. Mayor Pro Tern Kelley inquired ifit would be the same program or if there were changes. City Manager Watenpaugh explained the School District dropped their sponsorship of the program and Riverside County EDA took it over. Councilman Magee inquired if staff had inspected the facility and if they were in compliance. ,-... Community Services Director Sapp confirmed. 8. Deposit & Reimbursement Agreement between the City and Corman Leigh. Councilman Hickman inquired what the dollar amount was on their CFD. Administrative Services Director Pressey indicated it was $5 million. Councilman Hickman inquired if this had anything to do with dollars to come back for the RDA. City Attorney Leibold indicated that she would need to do some research. PUBLIC HEARING 21. Design Review of Canyon Hills Fire Station. No comments. ~ ACENDA ITEM NO.~ d PACE C) OF...J1 ----<I PAGE SIX-STUDY SESSION-APRIL 13,2004 """'" 22. Resolution for LLMD No. 1 as Annexation Area No.2. No comments. 23. Consideration of objections to the City's Weed Abatement Program. Mayor Pro Tern Kelley indicated that she received an email from a property owner which she had given to the City Manager to handle. City Manager Watenpaugh commented that he had spoken with that property owner and her property was located behind City Hall; her concern was whether or not she could get the property abated by the deadline. He noted she was going to call him tomorrow. BUSINESS ITEMS 31. Second Reading-Ordinance No. 1117 - Zone Change No. 2003-02 Daigle Homes. '-'" No comments. 32. Second Reading-Ordinance No. 1II8-Animal Control Fee Schedule. No comments. 33. Industrial Project No. 2003-06-"D&D Cattle Industrial". No comments. 34. Nuisance Abatement Hearing Board. Councilman Magee indicated that there was a typo in the staff report. He commented City Clerk Kasad took care of his other questions earlier. 35. Easement and Public Park Improvement Agreement. '-'" AGENDA ITEM NO.J d PACE ~ OF II .r- PAGE SEVEN-STUDY SESSION-APRIL 13, 2004 Mayor Pro Tern Kelley indicated that there was no design in the staff report. City Manager Watenpaugh explained that there was not an actual design of the park completed and approved at this time. Community Services Director Sapp explained that it was part of the park plan which would be reviewed by staff. Mayor Pro Tern Kelley inquired if they would be required to put in play equipment. Mr. Sapp explained that it would be based on the evaluation of the property, as far as what the financial investment would be in the property. Mayor Pro Tern Kelley indicated that there was a lot of interest in that .r- community. Councilman Magee indicated that there was no deadline for the Water District. He commented he was not comfortable with no deadline, and suggested a deadline of February 1,2005. City Manager Watenpaugh commented that staff would send the report back with the suggested modifications. 36. City Hall Remodel. Councilman Hickman inquired if there was a deadline. City Manager Watenpaugh indicated that if Council wanted to give a 6 month deadline that was fine, but the project should be done earlier than 6 months. He noted that the vendors had not given him a timeline yet, but his anticipation was to have this project completed before his goals and objectives were due. .r- AGENDA ITEM NO. PAGE 7 IJ OF II PAGE EIGHT-STUDY SESSION-APRIL 13,2004 ~. Councilman Magee commented that the cost had gone up significantly. Councilman Magee suggested an oval conference table in the new Council Office. Mayor Buckley arrived at 4:40 p.m. City Treasurer Weber commented that the cost to have the wall removed to extend the counter top was expensive. 37. Amendment to Land Development Agreement with South Shore Properties. No comments. 38. Electoral Reform Committee. Mayor Buckley indicated that he would like the committee to look at this in a short time frame, possibly within three months and report back to Council. '-' Councilman Magee requested that the committee receive input from the Registrar of Voters Office in terms of cost and their work load. He also requested the committee review the election of the Treasurer; whether or not to continue with an elected Treasurer position. 39. LEAPS City Attorney Leibold explained that the City Attorney's Office needed direction as to whether or not the Council wanted her office to assist the City staff in preparing a response to the application prior to the expiration of the comment period; and for the Council to understand that direction would involve a considerable amount of time and resources from her office and staff as well. Mayor Pro Tern Kelley indicated that she had read the City Attorney's email and was going to request to have the item pulled. '-' AGENDA ITEM NO. PAOE <X Id OF II .. ..: "....... PAGE NINE-STUDY SESSION-APRIL 13,2004 City Attorney Leibold commented that the public item was to provide them with some direction to prepare comments to present to Council prior to the expiration of the comment period. Comments were due May 11,2004. City Attorney Leibold indicated that at this point there was nothing about the LEAPS Project that would provide them an opportunity to discuss the issue in closed session. She indicated that she could provide Council with what her office and staff believed the appropriate comments would be. Councilman Schiffner commented that the City Council needed to respond. City Attorney Leibold indicated that it had potentially significant impacts on the Lake. She noted the Council and staff had worked hard to preserve and enhance the Lake as part of the community, and the City should be a participant in this process. "....... Councilman Schiffner commented that almost anything to do with the Lake when the story is heard from the Water District, was like the Council did not exist. City Attorney Leibold indicated that at this point the proceedings suggested exactly that. 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. ACENDA ITEM NO.-.J J PAce 9 OF I { PAGE TEN-STUDY SESSION-APRIL 13, 2004 """ PUBLIC FINANCE AUTHORITY Chairman Magee gave an overview of the PF A Agenda. Consent Calendar No comments. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY MEETING WAS ADJOURNED AT 5:00 P.M. THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE ~ DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY R. E. MAGEE, CHAIRMAN PUBLIC FINANCE AUTHORITY """ ACEhiDA ITEM NO. I d PACE 10 OF 1/ --~ r"' PAGE ELEVEN-STUDY SESSION-APRIL 13, 2004 Respectfully submitted, Frederick Ray, Deputy City Clerk ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE -- r"' AGENDA ITEM NO. PAGE I [ Id OF --LL- ...., ...., ...., MINUTES ~ PLANNING COMMISSION MEETING aTY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, APRIL 06, 2004 Chainnan LaPere called the Regular Planning Commission Meeting to order at 6:05 PM Commissioner Uhlry led the Pledge of Allegiance. ROLL CALL PRESENT: COMMISSIONERS: LAPERE, O'NEAL, MATTHIES, BARNES, AND UHLRY ABSENT: COMMISSIONERS: NONE Also present were: Director of Community Development Brady, Planning and Code Enforcement Manager Villa, Engineering Manager Seumalo, Senior Planner Morita, Associate Planner Coury, Associate Planner Miller, Associate Planner Preisendanz, Office Specialist Porche' and Deputy Gty Anomey Steve Miles. ~ PUBLIC COMMENTS None CONSENT CALENDAR Commissioner Uhlry indicated on page 9 of 15, Item No.6, Resolutions No. 2004-28 & No. 2004- 29, it should be noted that the vote was 4-1, and not 4-3. MOVED BY BARNES, SECONDED BY MATTHIES AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS AMENDED. Minutes 1. March 16, 2004 ~ AGENDA ITEM NO. I e PAGE---'-- OF --1<6 PAGE 2 - PLANNING CDMMISSION MINUTES - APRIL 06, 2004 PUBLIC HEARINGS ~ 2. Design Review of Commercial No. 2003-10 and Variance No. 2004-02 to allow the construction of a 50-foot monopole at the Hampton Circle Water Tank site area. Chainnan LaPere opened the Public Hearing at 6:08 PM, and requested the reading of the Staff Report. Director of Community Development Brady indicated that this project is for a proposed Commercial Design Review and Variance for a 50-foot monopole and requested Associate Planner Coury to review it with the Commission. Associate Planner Coury stated that the applicant is proposing to develop a 50-foot monopole to be stealthed as a pine tree that would improve transmission! calling coverage for Sprint customers. He indicated that the Song Family Trust presently owns the proposed site. He stated that the location of the Monopine would be near the Hampton Grcle Water Tank, which is east of Prospect Street and Main Street, at the top of the hill, which overlooks the Downtown area. Associate Planner Coury indicated 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. ~ Chainnan LaPere requested comments from the public. There being no comments from the public) discussion was brought back to the table for Commissioners comments. Commissioner Uhlry asked if a bond would be needed for the removal of the monopole. Associate Planner Coury stated that Condition No.7 addresses that issue. Director of Community Development Brady added that the Code Enforcement Department could also assist the removal of the monopole, if necessary. There being no further comments, Chainnan LaPere closed the Public Hearing at 6:10 PM, and 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. 2004-33, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2004-02 FOR A 50 FOOT MONOPOLE ANTENNA BY SPRINT COMMUNICATIONS, PURSUANT TO SECTION 17.35.040 OF THE LEMC, TO BE LOCATED AT THE HAMPTONORUE WATER TANK,APN 373-143-003 AND 006. ~ AGENDA ITEM NO. PACE 6l foe OF I <t~ PAGE 3 - PLANNING COMMISSION MINUIES - APRIL 06, 2004 ",....... MOVED BY BARNES, SECONDED BY O'NEAL AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-34, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMEROAL DESIGN REVIEW C NO. 2003-10 FOR A 50 FOOT MONOPOLE ANTENNA BY SPRINT COMMUNICATION, PURSUANT TO SECTION 17.82.060 OF THE LEMC, TO BE LOCATED AT THE HAMPTON ORCLE WATER TANK, APN 373-143-003 AND 006. 3. East Lake Specific Plan Amendment No.6. General Plan Amendment No. 2003-04. Tentative Tract Map No. 31920. Amended Development Agreement. and Supplemental Environmental Impact Report for the East Lake Specific Plan Amendment No.6. Commissioner Barnes excused himself from the meeting at 6:15 PM, due to a conflict of mterest. ",....... Commissioner O'Neal requested that before opening the Public Hearing, he would like to see that the item be tabled for a period of at least thirty days. He asked if the public were properly notified of this project and if the public had a chance to review the SEIR, and had the opportunity to comment on the report. He also noted that the Commission received many documents to read on Friday, and indicated that he would need more time to review the materials. Lasdy, he requested enough time for the Gty Council to review certain sections of the LEMC that discusses the minimum lot sizes, and multiples on a lot. Chainnan LaPere asked for a second on the motion. Commissioner Uhlrystated that he would like to hear the public's comments. Vice Chairwoman Matthies concurred with Commissioner Uhlry. Chainnan LaPere concurred with Commissioner Uhlry. MOTION WAS DENIED TO TABLE ITKM 3 FOR 30 DAYS, AND TO PROCEED ~'1TH THE PUBLIC HEARING. MOTION DIED FOR LACK OF SECOND. Chainnan LaPere opened the Public Hearing at 6:15 PM, and requested the reading of the Staff Report. ",....... Director of Community Development Brady stated that this is a request for approval of the East Lake Specific Plan Amendment No.6, General Plan Amendment No. 2003-04, TIM No. 31920, Amended Development Agreement for East Lake SPA No.6. ACENDA ITEM NO. I e j PAGE ."1 OF I~ _ PAGE 4 - PLANNING OOMMISSION MINUTES - APRIL 06, 2004 """" Senior Planner Morita indicated that in 1998, the Gty approved SPA No.1, which amended land uses specifically within the Phase I area of the ELSP. He stated that me Communities were the applicants and proposed to reduce the intensity of the residential and commercial development & increase the acreage of open space areas. He indicated that in 1999, the Gty approved SPA No.2, which allowed residential subdivisions to be constructed in accordance with Traditional Neighborhood Design concepts, which included alleyways, narrower streets & more pedestrian walkways. Senior Planner Morita stated that Laing Homes, are now proposing to amend the ELSP, to allow for single & multi-family residential uses, a golf course, a community park with soccer & baseball fields, an elementary school, and open space areas. He stated that SPA No. 2 introduced a Traditional Neighborhood Design concept, which allowed for narrow streets and encouraged more pedestrians. He stated that because of this particular design concept, the General Plan in 1999 was amended to allow an offset segment along Diamond Drive. Senior Planner Morita stated that the proposed TIM 31920 would create 1,847 residential lots, which range in size from about 3,700 to 11,500 square feet with an average lot size of 5,318 square feet. He stated that in addition other lots would be created to allow for the proposed golf course, elementary school, communityparks, and open space areas. Senior Planner Morita stated that the fourth application is an amendment to the 1993 Development Agreement that was approved with the original SP. He noted that Laing """" Homes is now requesting an amendment to the D A, to be consistent with their particular land use plan by addressing fees & financing methods for public service & facilities. Senior Planner Morita stated that the fifth and final application is the Supplemental EIR that has been prepared to provide the necessary environmental clearance for the applications. He stated that the SPANo. 6 would construct land uses that are beneficial to the overall community, such as the public golf course, elementary school, large community park, and other open space areas. He indicated that the smaller residential lots that are being proposed are not viewed negatively since the Gty has recently approved other similar lot sizes in the Canyon Hills & Lakeshore Village areas. Senior Planner Morita stated that regarding the proposed General Plan Amendment, Staff believes that the realignment of Diamond Drive would eliminate the offset segment along Malaga and is beneficial because it would improve traffic flow & reduce traffic hazards. Senior Planner Morita stated that Staff is also supportive of the proposed Tentative Tract Map. He indicated that the TIM is consistent with the land use plan, objectives and development standards contained in the SPA No. 6 document and other Planning and Engineering requirements. Senior Planner Morita indicated that regarding the Development Agreement, Staff finds that the document addresses issues and is prepared in accordance with the appropriate provisions of the Government Code and therefore supports the Development Agreement. ......, AOENDA ITEM NO. ,~ PAOE~OF 11 J PAGE 5 - PLANNING CDMMISSION :MINlITES - APRIL 06, 2004 ,.... Lasdy, he stated that Staff is supportive of the Supplemental EIR He indicated that the documents were prepared in accordance with CEQA Guidelines and adequately evaluates environmental impacts. In closing, he indicated that Staff recommends that the Planning Q)mmission approve and adopt the Resolutions, recommending to the Gty Q)uncil, based on the Findings, Exhibits, and subject to the Q)nditions of Approval. He stated that the applicant is present this evening to answer any questions that the Q)mmission may have. Chainnan LaPere requested comments from the Public. Michael Filler, Laing Homes 31900 Mission Trail, Suite 225, Lake Elsinore, CA stated that they are very proud and excited to be a part of Lake Elsinore Q)mmunity. He indicated that Laing Homes has been working with the Gty and the Anny Q)rps of Engineers to understand the requirements of the existing permits, and how to comply with the existing mitigation measures. He also noted that Laing Homes has also met with EVMWD to understand water and sewer requirements, and to assist on other technical information. He indicated that Laing Homes has had discussions with the School District to better understand their needs and requirements. Mr. Filler also mentioned that they are now proposing that the area across the stadium be re -designated from R-4 to General Q)mmercial, which is the present zoning. ",-.... Mr. Filler stated that they have been conducting extensive fault investigative geotechnical studies because the back basin is located near an Alquist-Priolo Special Study zone. He stated that the analysis concluded that the fault within the site is classified as "not active" as defined by the California Division of Mines & Geology. He stated that they have been working with the Riverside Q)unty Geologist and they have reviewed and concurred with their studies. He stated that they have joined the Chamber of Q)mmerce to better understand the needs of the local business community and to talk to local business leaders. Mr. Filler state that there are several Q)nditions of Approval that Laing Homes is requesting to amend. Chainnan LaPere indicated that it would be difficult for the Q)mmission to comment since they do not have a copy of the revised Q)nditions. He requested that Staff go over the amended Q)nditions with the Q)mmission, and the public. Senior Planner Morita and Gty Engmeer Seumalo reviewed with the c}}mmission and public the C}}nditions of Approval that were revised for the project. The following is a list of the C}}nditions that were added or modified for the Specific Plan Amendment No.6, General Plan Amendment No. 2003-04, and the Development Agreement: ,.-... Condition No.2 was added to state, The current merjlaw parking arm Wl1 wntinue to k ckignatal GerN?ral Cormrrcid am Wl1 k amilalie far use as an merjlawparking lot until sum tim? as dherparkingfadlities haw bren ~ in the Ucinity if the stadium ACENDA ITEM NO. PACE S Ie OF/~ I - PAGE 6 - PLANNING COMMISSION MINUTES - APRIL 06, 2004 Condition No.3 was added to read, The applicant shall construa or pay for the reasanalie ~t if construction if a eiixfax diroratiw bla:k wdl at the top if the grass krm rmr the stadium far rKise attenuation. ......" Condition No.4 was added to read: R(5iderm lxuking onto Malag:t Raul am along the soothedy extension if Diarrvnd Dri7e for distam? if 1,300 fret from the current stadium public culdn3s S)5temspeakers shall irrplem:nt the fil1aWng dt5ign treasure: · Wirxlnwfiazing shall appraxim1te an STC rating if28 for all uirx:Iuw in habitable room; on the rmr or side eleuaions if ajfff1Hi residerm. · AU rrxf rrxxmt<<i or gdie erxl-!a:atai attic W1ls shallle WfJl<<l. · The applicant shallle responsible far all disOOure5 to buy:rs if residerm ~ paential rKise Satrre5 !a:atai rrar future residerm. Condition No.7 was modified to read: as if the date (5tahlished by the 2004 A~ Deuioprrmt Ag;rerrmt. in cffat cft the um:, ~ ~ d1"C (JJ1$~ Condition No. 15 was modified to read: as if the date (5tahlished by the 2004 A~ DeuJoprrrnt A g;rerrmt. Condition No. 16 was modified to read: contained in the 2004 -t994 Amended Development Agreement between the City and Laing Homes. All references to the 1994 Amended Development Agreement shaD be 2004. ......" Condition No. 17 was added to read: AU Corrlitions if ApjJrrJU1l are subjfrt to the term am lirritations if the 2004 A ~ Deuioprrmt A grrerrent IxmIm the city if Lake E lsimre am Laing H orrl!S. Condition No. 37 was modified to read: as if the date (5tahlished by the 2004 A~ DeuJoprrrnt A g;rerrmt. Condition No. 59 was modified to read: and/or the 1993 Specific Plan Wll rerert to the City Munitipal Qx/e arrl/or Z~ Qx/e as of the date established by the 2004 Amended Development Agreement in effect at the time fHture pro/eels are constructed The following is a list of the Conditions that were added or modified for the Tentative Tract Map No. 31920: Condition No.1 was added to read: Tentatiw Traa Map Na 31920 Wll expire twJ)Wr5 from the date if appruw1 unkss Wthin that perial if tine a Final Map has been fikJ Wth the Ounty Rocarder, or an extension if tine is grar11Hl by the City if Lake Elsimre City Ccunil in aa:ordan:e Wth the SulxJi:dsion Map Aa am/or Sfftion 12.12 if the 2004 A~ DeuJoprrrnt Agrrerrent IxmIm the City am Laing Horrl!S. A dditionaJ extensions if tine shallle grar11Hl as prmi.cIn:l in Sfftion 12.12 if the DeuJoprrrnt Ag;rerrmt. Tentativ-c Tract Map No. 31920 .vin expire two years from date of apprCY;al unless within that period of time a Final Map has been filed with the Gnmty Rccorocr, or an extension of time is granted by the City of Lake Elsinore City Glnncil in ......., AGENDA ITEM NO. PAGE. ~ Ie OF ~ PAGE 7 - PLANNING CDMMISSION:MINUfES - APRIL 06, 2004 ,.... accoroance ">lth the Subdivision Map Act. .Additioael cxtensiof15 of time (36 months maximum time per the Subdivision Map Act) may be grant-ed per City ColHlCil appr-oval. Condition No.4 was modified to read: wntaiml in the 2004 -1994 Arrmiai Deuioprrent Agrrenmt ~ the City arrl Laing Hom:s. All references to the 1994 Amended Development Agreement shaD be 2004. Condition No.5 was modified to read: cffsire irrprmerrEnts as descril:m in the original 1993 East Lake Specific Plan and as superceded by the East Lake S~ PlanA ~ No 6 drommt. Condition No.8, first bullet was modified to read: The applicant shall participate in the DeuJ.oprrrnt Irrpaa Fre Prugramas adopud by the City if Lake E Isimre as of the date established by the Development Agreement Condition No. 12 was added to read: AU Oniitions if Apprau:d are subjfXt to the temTi and linitations if the 2004 A111?rXled Deulopm:nt Agreerrrnt ~ the Oty if Lake Elsimre and Lairrg, Hams. Condition No. 48, eleventh bullet was modified to read: Appliamt sJxJl inpIrm: the tJ~.far Didm.ni IJr:ite ftem. CAwpbdl Stmt ta LtHecrh&r: IHiwlM issien Trail. ~ The J>>rifXt S~ Plan A ~ Traffic Study das na identifY the Dianvrd Driw ali?J1l1F11l irrprmerrmt from Gtrrpbdl St:rret to Lakl3hare DriwMission Trail as a J>>rifXt cffsire nitigaion nwsure, but. J>>rifXt TIF funis mry Ix?jocusffi on this inprrnerrent. Condition No. 49 was modified to read: Per Ordinarx:e 1105 as interpreted by the Flaxl Plain .J!hme Adninistratar, the ninirrum fcwxiation eleuaion shall re 1267. No foundation or basement psJ shall re ronsf:n.K:t<<i biawthis elewtion unless apprm.ed by the City E 17i!frming Manaw; Condition No. 77 was modified to read: AppliJ:ant shall re subjfXt to aU Master Planml Draina~ jeRs as of the date of the 2004 Amended Development Agreement. St4f W1l rr?dewthe paential for fre aaiit for aU Master Planml DrainaW facilitUs ronstruc11rl. Condition No. 85 was added to read: Applicant shall arorx into the Larrlscape and St:rret L irfning Maint.enarx:e Distria: N a 1 to rrWntain the stann drain S)5tem, irduding the detention fusin and stanndrain inlets. A pplil:rmt s-hall.fei'man ~ 4 ss~ tl9dt skJ1 ~in the st&'mdrain SJ5t&l irdudmg the detentien lswsm tmd stOlm dmm inkts. Chairman LaPere asked Staff if there is an extension of time for the Tentative Tract Map. Senior Planner Morita stated "No". Cormnission Uhlry asked if it gives an open door. ~ Senior Planner Morita asked the applicant's attorney to explain. AGENDA ITEM NO....) .p PACE ...., _OF /1 PAGE 8 - PLANNING CDMMISSION MINUTES - APRIL 06, 2004 ....." Richard Zeilenga, Attorney for Laing Homes responded by indicating that Qmdition of Approval No. 1 for the TIM No. 31920 was revised to address the extension of the TIM. He stated that would coincide with the amended Development Agreement and Condition No. 1 would be revised accordingly. Chairman LaPere asked the Applicant if he agreed to all of the Conditions of Approval as noted. Mr. Filler stated "Yes". Chairman LaPere stated that he received a letter on April 2, 2004 from Chelsey GItter who is in favor of the project. Chairman LaPere requested comments from the public. Mrs. Nalani Albee, 31712 Casino Drive, # 2-C, Lake Elsinore, CA 92530 stated that she is in favor of the project. She stated that she is looking forward to the road improvements, and the new community. Mr. Chelsey Cutter, 15079 Ficus Street, Lake Elsinore, thanked Chairman LaPere and stated that she is in favor of the project. She stated that she hopes that the project is approved, and is done correctly. ....." Peter Dawson, 18010 Grand Ave, Lake Elsinore wanted to know if Chairman Barnes would be voting on this project. Chairman LaPere stated that Commissioner Barnes excused himself due to a conflict of interest. Mr. Dawson stated that he has many issues with this project, and its location. He indicated that in 1988, the lake was at 1266.5, and the area would flood again. He asked if the Gty has lowered their standards. He stated that voting for homes in the flood plain, would lower the Gty's standards. Ron Hewison, stated that he concurred with a delay of the project. He noted that the Staff Report mentions SPA No.6, however does not discuss amendments number 3, 4 or 5. Daryl Hickman, 19 Corte Madera, Lake Elsinore stated that he is neither for nor against the project and stated that he has many concerns. He requested that the Commission should give this project some serious thought, and that Staff should have provided a complete package that would include soil studies. He stated that he concurs with Commissioner Uhlry's suggestion on having a Study Session conducted. Chris Hyland, Lake Elsinore stated that she can not understand how the Commission can make a decision based on the fact that the Commission just received numerous paperwork just prior to the meeting. She indicated that she too concurs with Commissioner Uhlry and O'Neal's comments. ....." ACENDA ITEM NO. PACE ~ Ie OF j.g PAGE 9 - PLANNING CDMMISSION MINUTES - APRIL 06, 2004 ,-... Gayle Williams, Century 21, Lake Elsinore stated that she is in support of the project. Mr. Scott WIlson, Flood Storage, and Civil Engineer for the project stated that because of all the improvements done on the levee, and FEMA improvements, flooding should not be an ISSue. Mr. Richard Zeilenga stated that Laing Homes did a full supplemental EIR He noted that the documents are at the City Hall. Will Buck, Lakeshore Drive, Lake Elsinore stated that he is opposed to the project. He stated that the area has a potential for flooding. He suggested that a Study Session be conducted. He stated that the lots are too small, and more thought should be put into this plan. Javier Garcia, Lake Elsinore stated that he is opposed to the project. He indicated that the lots are too small. Randy Hiner, Temecula stated that he is the owner of the Lake Elsinore Motocross Park in Lake Elsinore. He asked the O:>mmission and Staff if there is a O:>ndition that states if the project is approved, then the Motocross facility would be shut down. -- O:>mmunity Development Director Brady commented that the O:>ndition that Mr. Hiner is referring to is in the O:>nditions of Approval for the Lake Elsinore Motocross project. Senior Planner Morita stated that he had a copy of the O:>ndition, and read it to the O:>mmission and public. There being no further comments from the public, discussion was brought back to the O:>mmission for comments. Vice Chairwoman Matthies stated that it is difficult to please everyone. She stated that the builders work very hard with Staff. She stated that the City of Lake Elsinore is a recreational City, and she would hate to see the Motocross Park closed down. O:>mmissioner O'Neal stated that he is disappointed that the O:>mmission did not table this item. He indicated that there are many issues that support his decision on not voting in favor of this project, from lots being too small, homes being built in the flood plain, and the motocross being affected. -- O:>mmissioner Uhlry stated that he is debating whether to suggest a Study Session or to move on. He stated that there is much to review, and it is quite a challenge. He indicated that Laing Homes is in the correct process. He advised the public that the applicant must meet all of the O:>nditions of Approval. He stated that the Army O:>rps has eliminated many problems. He stated that some of the land is not developable. He stated that the actual size of the homes would be discussed when going through Design Review. ACENDA ITEM No.-'--e PACE 9 OF I~ PAGE 10 - PLANNING mMMISSION :MINUTES - APRIL 06, 2004 Chainnan LaPere asked the applicant if he has spoken to the school board. .....", Mr. Filler stated "No", not the school board. Chainnan LaPere asked Mr. Filler if he had a back-up plan just in case an elementary school would not be approved by the school board. Mr. Filler indicated that they would use the area as residential. Chainnan LaPere asked Mr. Filler on the period that the motocross facility would be affected. Mr. Filler stated possibly within 5 years. Chainnan LaPere asked the applicant if the foundation level was 1267. Mr. Filler stated that the foundation level is 1266.5- finished floor. Commissioner Uhlry asked Staff to explain the difference of the finished floor. Gty Engineer Seumalo stated that it is the top of the concrete pad. Commissioner Uhlry asked who would manage, own, and maintain the golf course. .....", Mr. Filler stated that they would maintain it for 6 to 7 years, and then it would be fully dedicated to the Gty. There being no further comments from the Commission, Chainnan LaPere closed the Public Hearing at 8:47 PM, and requested the reading of the Resolutions. MOVED BY UHLRY, SECONDED BY MATTHIES AND PASSED BY 3-1 WITH O'NEAL OPPOSING, RESOLUTION NO. 2004-35, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, RECOMMENDING TO THE OTY COUNOL OF THE OTY OF LAKE ELSINORE CERTIFICATION OF THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR EAST LAKE SPEOFIC PLAN AMENDMENT NO. 6 AND ASSOCIATED APPLICATIONS TO INQ..UDE THE NOTED MODIFICATIONS TO THE CONDITIONS OF APPROVAL. MOVED BY MATTHIES, SECONDED BY UHLRY AND PASSED BY 3-1 WITH .....", O'NEAL OPPOSING, RESOLUTION NO. 2004-36, A RESOLUTION OF THE AGENDA ITEM NO. Ie- PAGE 10 OF~' PAGE 11 - PLANNING COMMISSION MINUTES - APRIL 06, 2004 ~ PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, RECOMMENDING TO THE OTY COUNOL OF THE OTY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2003-04 TO AMEND THE ORCULATION ELEMENT OF THE GENERAL PLAN TO INCLUDE THE NOTED MODIFICATION TO THE CONDITIONS OF APPROVAL. MOVED BY MATTHIES, SECONDED BY UHLRY AND PASSED BY 3-1 WITH O'NEAL OPPOSING, RESOLUTION NO. 2004-37, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, RECOMMENDING TO THE OTY COUNOL OF THE OTY OF LAKE ELSINORE APPROVAL OF THE EAST LAKE SPEOFIC PLAN AMENDMENT NO. 6 TO INCLUDE THE MODIFICATIONS TO THE CONDITIONS OF APPROVAL. MOVED BY MATTHIES, SECONDED BY UHLRY AND PASSED BY 3-1 WITH O'NEAL OPPOSING, RESOLUTION NO. 2004-38, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, RECOMMENDING TO THE OTY COUNCIL OF THE OTY OF LAKE ELSINORE APPROVAL TENTATIVE TRACT MAP NO. 31920 WHICH SUBDIVIDES THE EAST LAKE SPEOFIC PLAN AMENDMENT NO. 6 AREA ~ INTO 1,857 TOTAL LOTS, TO INCLUDE THE MODIFICATIONS TO THE CONDITIONS OF APPROVAL. MOVED BY MATTHIES, SECONDED BY UHLRY AND PASSED BY 3-1 WITH O'NEAL OPPOSING, RESOLUTION NO. 2004-39, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, RECOMMENDING TO THE OTY COUNOL OF THE OTY OF LAKE ELSINORE APPROVAL OF AN AMENDMENT IN PART AND TERMINATION IN PART OF THE DEVELOPMENT AGREEMENT RELATING TO THE EASTLAKE SPEOFIC PLAN TO INCLUDE THE MODIFICATIONS TO THE CONDITIONS OF APPROVAL. Commissioner Barnes returned to the meeting at 8:47 PM O1ainnan LaPere requested a five-minute break at 8:47 PM. O1ainnan LaPere called the back to order at 8:55 PM 4. CUP No. 2004-03 Motorsports. O1ainnan LaPere opened the Public Hearing at 8:55 PM, and requested the reading of the Staff Report. ~ Community Development Director Brady stated that this is a request for a Yamaha Motorcycle Dealership, and requested Associate Planner Preisendanz to review it with the Commission. ACENDA ITEM NO.~ PACE II OF 1>1 .- J PAGE 12 - PLANNING CD:MMISSION MINUfES - APRIL 06, 2004 """""'" Associate Planner Preisendanz stated that the applicant is proposing to establish a Yamaha Dealership within two existing contiguous buildings totaling 26,628 square feet. He stated that the aJP would offer the sales and service of various types and models of Yamaha motorcycles, and other accessoty products. He stated that the dealership would be located at 601 A & B Oane Street at the northwest comer of Collier Avenue. Associate Planner Preisendanz indicated that Staff has determined that the project would not have a significant effect on the environment and shall therefore be exempt for the provision of CEQA He noted 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 stated that the applicant is available to answer any questions that the Commission may have. Chairman LaPere requested comments from the public. Brett Moore, 39593 Vista Del Bosque, Murrieta, CA 92562 applicant for the project indicated that he has read and agrees to the Conditions of Approval. There being no further comments, Chairman LaPere brought the discussion back to the table for Commissioners comments. Commissioner Uhlry stated that he likes the project. He had no further comments. ,"""""'" Commissioner O'Neal had no comments. Commissioner Bames had no comments. Vice Chairwoman Matthies stated that she likes the project, and was glad to see it coming into town. She had no further comments. Chairman LaPere stated that it is a good project, and had no further comments. There being no further comments, Chairman LaPere closed the Public Hearing at 9:00 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 RESOLUTION NO. 2004-40, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, APPROVING CONDITIONAL USE PERMIT NO. 2004- 03 FOR A MOTORCYCLE DEALERSHIP TO BE LOCATED AT 601 A & B CRANE STREET, PARCEL MAP NO. 24751 (A PORTION OF PARCEL MAP NO. 23037) AND ASSESSOR PARCEL NUMBER 377-410-044. BUSINESS ITEMS """""'" ACENDA ITEM NO.--1 e, PACE IJ... OF IS PAGE 13 - PLANNING mMMISSION MINlITES - APRIL 06, 2004 "........ 5. Business License for Bail Bonds Use at 128 North Main Street. Chainnan LaPere requested the reading of the Staff Report. Director of Community Development Brady stated that this project is a request to review and approve a business license, and requested Associate Planner Miller to review it with the Commission. Associate Planner Miller stated that the applicant is requesting approval of a business license use to operate a business called Rodney Serge Bail Bonds, which would be located at 128 North Main Street. She stated that the applicant was operating a bail bond business without a business license. She stated that the hours of this business would be 7 days a week, 24 hours a day. She indicated that the business would be located within the Historic Overlay District -Area 1. ""' Associate Planner Miller stated that the applicant has installed neon signs in the front window of the unit. She stated that Staff may find that some or all of the signs do not meet the requirements of the Historic Standards, and the applicant may be required to remove some or all of the signs. Lastly, she stated that currently there is one other bail bond business that exists on Main Street, but is located at the west end of the Historic Overly District. Associate Planner Miller stated that Staff recommends that the Planning Commission consider the request for a business license for Rodney Serge Bail Bonds, subject to the Conditions of Approval. She indicated that the applicant is available to answer any comments that the Commission may have. Chairman LaPere requested the applicant approach the podium. Rodney Serge, 30806 Bowbridge Drive, Murrieta, CA 92563 read a statement on the support of the Bail Bond facility. His statement outlined the purpose of the Bail Agency, and the concern of other Bail Bond Agencies within the surrounding area. Chairman LaPere asked the applicant if he has read and agrees to the Conditions of Approval. Mr. Serge indicated "Yes". Chairman LaPere requested comments from the Commission. ~ Commissioner Uhlry explained to the applicant the importance of having a business license first, before the business doors open. He indicated that the applicant must follow the Codesrof the Gty. He stated that he has no objections to approving this project, and had no further comments. AGENDA ITEM NO.J P PAGE /3 OF /1 PAGE 14 - PLANNING CD1v1MISSIONMINUTES - APRIL 06, 2004 Commissioner Barnes stated that the applicant has violated the Sign Ordinance, and did not get a business license prior to opening his business, and therefore is opposing the item. ....., Commissioner O'Neal stated that the business is fine, and had no further comments. Vice Chairwoman Matthies explained to the applicant that this should be used as a learning experience. She told the applicant that it is important to follow the rules. She stated that the applicant made a very good point, and confidently she would hope that the applicant would continue to meet all the requirements. She had no further comments. Chairman LaPere stated that hopefully the applicant would comply with the Codes from now on, otherwise he would be dealing with Code Enforcement. He had no further comments. There being no further comments, Chairman LaPere called for a Motion. MOVED BY O'NEAL SECONDED BY MATTHIES AND PASSED BY 4-1 WITH BARNES OPPOSING TO APPROVE BUSINESS LICENSE USE FOR A BAIL BONDS BUSINESS LOCATED AT 128 NORTH MAIN STREET. 6. Minor Design Review of a Single Family Residence located at 16817 Bell Street. APN 378-261-005 and 006. ....., Chairman LaPere excused himself from this portion of the meeting at 9:15 PM, due to a conflict of interest. Vice Chairwoman Matthies indicated that this is a Business Item, and requested the reading of the Staff Report. Director of Community Development Brady stated that this item before the Commission is a request of a Design Review of a single family home, and requested Associate Planner Coury to review it with the Commission. Associate Planner Coury stated that the applicant is requesting approval of a 3,292 square foot, three-story home with a 708 square foot attached three-car garage. He stated that the home would have five bedrooms, three and half bathrooms. He noted that the architectural design of the proposed home is identified at Victorian Prairie style. Associate Planner Coury stated that the applicant would provide front yard landscaping with an automatic sprinkled system. He indicated that the rear yard would be fenced with a combination concrete masonry wall and six foot high wood fence. He indicated that the project would not have any environmental impact. He 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 stated that the applicant is present to answer any questions that the Commission may have. ....., ACENDA ITEM NO.--1 e PAGE I L{ OF I~ - PAGE 15 - PLANNING mMMISSION WNUIES - APRIL 06, 2004 ~ Vice Chairwoman Matthies requested that that applicant approach the podiwn. Chester Lemanski, 33410 Orchard Street, Wtldomar, stated that he has read and agrees to the Conditions of Approval. He indicated that he has been building homes for many years, and finally is able to build his dream home. Vice Chairwoman Matthies brought the discussion back to the Commission for comments. Commissioner Barnes had no comments. Commissioner O'Neal had no comments. Commissioner Uhlry indicated that the design is nice, and was glad to hear that the applicant was able to design his dream home. Vice Chairwoman Matthies stated that she likes the design and had no further comments. There being no further comments from the Commission, Vice Chairwoman Matthies called for the Resolution. ~ MOVED BY O'NEAL, SECONDED BY BARNES AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-41, A RESOLUTION OF THE PLANNING COMMISSION OF THE OTY OF LAKE ELSINORE, APPROVING A MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16817 BELL STREET, APN 378- 261-005 AND 006. 7. Minor Design Review of a Single Family Residence located at 16658 Lash Street. APN 378-244-009 and 010. Chainnan LaPere returned to the meeting at 9:20 PM and requested the reading of the Staff Report. Director of Community Development Brady stated that this is request for a Minor Design Review of a single family home, and requested that Associate Planner Coury review it with the Commission. Associate Planner Coury stated that the applicant is requesting approval of a 1,871 square foot single story home with a 529 square foot attached garage. He indicated that the home would have 3 bedrooms, two bathrooms, and a covered patio along the entire rear elevation. He stated that the architectural design is identified as California Ranch style. He indicated that the applicant would provide front yard landscaping with an automatic sprinkler system and the rear yard would be fenced with a six-foot high wooden fence. ~ AOENDA ITEM NO.-1-e PACE IS OF I~ PAGE 16 - PLANNING CDMMISSION MINUTES - APRIL 06, 2004 Associate Planner Coury stated that the project is exempt from California Environmental Quality Act, and Staff recommends that the Planning Commission approve and adopt a Resolution based on the Findings, Exhibits and is subject to the Conditions of Approval. Chairman LaPere requested the applicant to approach the podium. ......" Ronald Lamont, no address given, stated that he agrees to the Conditions of Approval. Chairman LaPere brought the discussion back to the table for Commissioners comments. Commissioner Barnes stated that he likes the project, and had no further comments. Commissioner Uhlry asked the applicant if there would be a third bathroom in the garage. Mr. Lamont stated "No". Commissioner Uhlry had no further comments. Commissioner O'Neal had no comments. Vice Chairwoman Matthies had no comments. There being no further comments, Chairman LaPere requested the reading of the '-" Resolution. MOVED BY UHLRY, SECONDED BY O'NEAL AND PASSED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-42, A RESOLUTION OF THE PLANNING COMMISSION OF THE aTY OF LAKE ELSINORE, APPROVING A MINOR DESIGN REVIEW OF A SINGLE FAMILY RESIDENCE LOCATED AT 16658 LASH STREET, APN 378- 244-009 AND 010. INFORMATIONAL ITEMS None STAFF COMMENTS Director of Community Development Brady commented on the following: · He reminded the Public and Staff that this would be Commissioner Barnes last Planning Commission Meeting, as he would no longer be a Lake Elsinore resident. He stated that it has been a pleasure working with John, and wished him luck in the future. ......" AGENDA ITEM No._'.~ PAGE I~ OF 1<(' PAGE 17 - PLANNING CDMMISSION MINUTES - APRIL 06, 2004 ,..... PLANNING COMMISSIONER'S COMMENTS Chairman LaPere commented on the following: . He stated that Commissioner Barnes would be missed and it has been a pleasure to work with. . He appreciated all of Staff's hard work on the entire meeting. Vice Chairwoman Matthies commented on the following: . She wished Commissioner Barnes luck on his future, and told him that he would be missed in the City. Commissioner O'Neal commented on the following: . He indicated that he attended a conference in Monterey last week, and it was very helpful. . ~ Commissioner Uhlry commented on the following: . He stated that Commissioner Barnes has been a great asset to the City, and will be missed. . He indicated that Staff has done a tremendous job on preparing for the Planning Commission meeting. . He stated that he also attended the conference up in Monterey, and proved to be very helpful. . He noted that their appears to be more and more banners showing up along Main Street, and requested that the Code Enforcement look into it. Commissioner Barnes commented on the following: . He stated that it has been an honorto work forthe City forthe past 10 years. . He stated that it was brought to his attention that some of the City Council members thought that he would have extended his term in order to vote on the East Lake SPA However, he indicted that even though he was unable to vote on the East Lake SPA, he would have been opposed to the project, due to the size of the lots. . He thanked Deputy Mark Cordova for all of his help attending the Planning Commission meetmgs. ~ AGENDA ITEM NO. I~ PAGE I 7 OF 1"6 PAGE 18 - PLANNING CDMMISSION MINUIES - APRIL 06, 2004 ADJOURNMENT MOVED BY MATTHIES, AND SECONDED BY O'NEAL AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR PLANNING COMMISSION MEETING AT 9:35 PM. ......", Ron LaPere, Chainnan Respectfully Submitted, Dana C Porche' Office Specialist III ATTEST: ......", Robert A Brady, Secretary to the Planning Commission "-II' ACENDA ITEM NO. Ie. _ PAGE I ~ OF --1 ~!d APRIL 15, 2004 CITY OF LAKE ELSINORE WARRANT SUMMARY ,,-... FUND# FUND DESCRIPTION TOTAL 100 101 105 110 130 150 205 221 254 606 608 620 GENERAL FUND SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND MISCELLANEOUS GENERAL PROJECT FUND STATE GAS TAX FUND LIGHTING I LANDSCAPE MAINTENANCE FUND C.D.B.G. FUND TRAFFIC IMPACT FEE FUND PARK C.I.P. FUND 89-1 RAILROAD CANYON IMPROVEMENT FUND MOBILE SOURCE AIR POLLUTION FUND TRUST DEPOSITS & PRE-PAID EXP. FUND COST RECOVERY SYSTEM 1,600,531.35 4,088.40 4,033.50 3,145.36 30,803.99 145.04 560.00 2,347.06 15,802.44 315.00 2,500.00 51,992.11 1,716,264.25 GRAND TOTAL ~ - 4/21/2004 P:\WARRANT LIST MASTER\WARRANT 041504 AGENDA ITEM NO. :J . .. PAGE---L-OF S APRIL 15, 2004 CITY OF LAKE ELSINORE CHECK# VENDOR NAME 73028 VOID-(SOUTHERN CALlFORNIAA.P.W.A.) 77150 CALIFORNIA P.E.R.S. 77320 CALIFORNIA P.E.R.S. 77321 FORTIS DENTAL 77322 L1UNA LOCAL 777 77323 THE L.I.U. OF N.A. 77324 STANDARD INSURANCE COMPANY 77325 STANDARD INSURANCE COMPANY 77326 STATE COMPENSATION INSURANCE 77327 VISION SERVICE PLAN 77328 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 77329 RIVERSIDE COUNTY'S CREDIT UNION 77330 I.C.MA RETIREMENT TRUST 77331 CALIFORNIA P.E.R.S. 77332 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 77333 UNITED STATES POSTAL SERVICE 77334 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT 77335 MILLER, LINDA M. 77336 CALIFORNIA DEBT & INVESTMENT ADVISORY COMMISSION 77337 SPENCO MACHINE & MANUFACTURING 77339 VOID 77340-77342 A & A JANITORIAL SERVICE 77343 A A EQUIPMENT RENTAL CO., INC. 77344 ADVENTURES IN ADVERTISING 77345 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 77346 ALL STAR GLASS 77347 ALLIED TRAFFIC EQUIPMENT 77348 ALPINE PREMIUM WATER-NATHAN GARNER 77349 AMERICAN PUBLIC WORKS ASSOCIATION 77350 ANASTASI DEVELOPMENT 77351 ANIMAL FRIENDS OF THE VALLEY 77352 APPLE ONE 77353 APWA SOUTHERN CALIFORNIA CHAPTER 77354 ASSOCIATED BUILDING 77355 BANK OF AMERICA (1647) 77356 BANK OF AMERICA (2409) 77357 BANK OF AMERICA (6588) 77358 BANK OF AMERICA (6612) 77359 BANK OF AMERICA (6620) 77360 BANK OF AMERICA (6646) 77361 BANK OF AMERICA (6653) 77362 BANK OF AMERICA (9206) 77363 BANK OF AMERICA (9238) 77364 BARAHONA, MERCEDES 77365 BELVIN, BILL 77366 BERNARD KARCHER INVESTMENT, INC. 77367 BERRYMAN & HENIGAR, INC. 77368 BIA-RC 77369 BOATS PLUS 77370 BUNDY CANYON TURF SUPPLY 4/21/2004 P:\WARRANT LIST MASTER\WARRANT 041504 10F4 WARRANT LIST ACENDA ITEM NO, PAGE a AMOUNT -120.00 57,574.82 3,070.75 5,582.33 374.00 1,734.48 322.87 1,991.41 19,651.25 971.43 108.00 2,925.00 4,700.43 21,969.24 359,100.00 150.00 210.00 3,555.00 225.00 379.28 0.00 3,766.90 735.36 680.85 688.50 127.43 279.61 205.40 165.00 131 .88 7,100.00 2,067.52 120.00 2,473.50 647.18 1,393.25 1,070.27 124.32 3,383.85 633.74 308.17 786.86 159.04 24.00 70.03 1,000.00 27,794.20 75.00 832.91 31.64 ......" ~ 'wtfII J, _..__" OF 5 APRIL IS, 2004 CITY OF LAKE ELSINORE I""""HECK# VENDOR NAME . 371 CALIFORNIA DEPARTMENT OF TRANSPORTATION 77372 CALIFORNIA AGRI-CONTROL, INC. 77373 CENTER FOR EDUCATION & EMPLOYMENT LAW 77374 CITY & COUNTY SOIL ENGINEERING, INC. 77375 COAST TO COAST WIRELESS, INC. 77376 COURY, KIRT A. 77377 COVINA PAINTS 77378 CUTTING EDGE STAFFING, INC. 77379 0 & SELECTRIC 77380 D.M.V. 77381 DANKA OFFICE IMAGING 77382 DELL MARKETING, L.P. 77383 DENNIS, MARK 77384 DO IT CENTER 77385 DONAHOE, CAROLE K. 77386 DRESCO REPRODUCTION, INC. 77387 03 EQUIPMENT 77388-77389 E. V. M. W. D. 77390 ELITE SIGNS & GRAPHICS 77391 ELSINORE ELECTRICAL SUPPLY, INC. 77392-77394 ELSINORE PIONEER LUMBER CO. 77395 EMPLOYMENT SYSTEMS 77396 ESRI, INC. A397 FASTSIGNS, L TO 398 FAZZIO, TERI . 1399 FEDERAL EXPRESS CORPORATION 77400 FLORES, DAVID 77401 FORECAST HOMES, INC. 77402 HAROLD STEPHENS PLUMBING CO. 77403 HARRIS & ASSOCIATES, INC. 77404 HAULAWAY STORAGE CONTAINERS, INC. 77405 HDR ENGINEERING, INC. 77406 HENSHAW, MICHAEL H. 77407 HOFFMAN, ALEX 77408 HUB CONSTRUCTION SPECIALTIES, INC. 77409 INDUSTRIAL TRUCK BODIES & EQUIPMENT 77410 INLAND EMPIRE LOCK & KEY 77411 INMAN WELDING 77412 INYOKERN GOLF COURSE CORP. 77413 JANDA, DE 77414 JEFF HAUSER MOBILE WELDING 77415 KASAD, VICKI 77416 KELLY-MOORE PAINT COMPANY, INC. 77417 KING, KIRSTEN 77418 LA SIERRA FIRE EQUIPMENT 77419 LAKE AIR COMPANY 77420 LAKE CHEVROLET 77421 LAKE ELSINORE FLORIST & GIFTS ~422 LAKE ELSINORE MATERIALS :23 LAKE ELSINORE TIRE & AUTO, INC. 4/21/2004 P:\WARRANT LIST MASTER\WARRANT 041504 20F4 WARRANT LIST ~GENDA ITEM NO. PACE 3 AMOUNf 38.00 805.00 124.95 3,357.50 67.10 5,200.00 309.38 1,036.80 5,057.00 156.00 852.26 855.85 230.00 435.71 2,725.00 210.50 4,311.07 1,492.49 1,200.00 1,998.02 855.42 1,740.48 10,075.90 37.71 75.00 110.87 30.00 893.68 385.00 6,314.00 208.80 50,919.44 64.00 64.00 102.90 5,403.67 58.15 197,500.00 1,990.00 387.75 840.00 381.75 3,231.42 232.50 513.59 1,023.50 21.83 285.21 145.47 33.50 :J OF ~ APRIL 15, 2004 CITY OF LAKE ELSINORE CHECK# VENDOR NAME 77424 LAMBERT FLOORING 77425 LEAR AUTO BODY & TOWING 77426 L1NKLlNE COMMUNICATIONS, INC. 77427 LONGTIN'S AUTO SUPPLY 77428 LOWE'S HOME CENTERS, INC. 77429 MACKEY JR., CHARLES 77430 MAGEE, KIM 77431 MAYHALL PRINT SHOP 77432 MCCLENNEY, MITCHELL 77433 MCMASTER-CARR 77434 MOBILE SATELLITE VENTURES, L.P. 77 435 MORITA, DUANE A. 77436 MORRIS, RUTHIE 77437 MORROW PLUMBING, INC. 77438 MORTON PEST CONTROL, INC. 77439 NATIONAL ASSOCIATION OF LETTER CARRIERS 77440 NILLES, JENNIFER 77441 NOBLE CONSULTANTS, INC. 77442 ON-TRAX, INC. 77443 PARDEE CONSTRUCTION 77444 PAYNE, WILLIAM 77445 PEREZ, JULIAN CRUZ 77446 DENNIS A. PETERSEN, D.O., INC. 77447 THE PRESS-ENTERPRISE 77448-77449 PRUDENTIAL OVERALL SUPPLY 77450 QUILL CORPORATION 77451 QWEST COMMUNICATIONS 77452 R.J. NOBLE COMPANY, INC. 77453 RAMSEY BACKFLOW & PLUMBING 77454 RANCHO REPROGRAPHICS, INC. 77455 RECOGNITION INT'L 77456 RIGHTWAY 77457 RIVERSIDE COUNTY SHERIFF 77458 COUNTY OF RIVERSIDE OFFICE OF ASSESSOR, GARY L. ORSO 77459 ROQUE, JESUS 77460 SERVICE ONE SERVICE, INC. 77461 SHARE CORP. 77462 SIMS PEST AND DISEASE 77463-77464 SOUTHERN CALIFORNIA EDISON CO. 77465 SOUTHERN CALIFORNIA GAS CO. 77 466 STANLEY, JASON 77467 STAUFFER'S LAWN EQUIPMENT 77468 STORAASLI, PEGGY J. 77469 BOB STOVER, INC. 77470 SUNWEST SPORTS, INC. 77471 T.S. INDUSTRIAL SUPPLY 77472 TEMECULA COPIERS 77473 TEMECULA VALLEY PIPE & SUPPLY 77474 TICOR TITLE COMPANY 77475 TOMARK SPORTS, INC. 4/21/2004 P:\WARRANT LIST MASTER\WARRANT 041504 30F4 WARRANT LIST AGENDA ITEM NO. PAGE-Y-OF AMOUNT 15,805.63 55.00 47.28 39.60 373.87 4,410.00 159.98 258.60 25.00 214.80 72.83 5,515.00 1,000.00 775.00 735.00 500.00 60.00 4,033.50 1,161.99 68.00 75.00 64.00 635.00 9,495.10 288.26 1,140.01 470.95 15,802.44 1,694.00 6.47 926.82 1,080.53 560,306.79 21.00 240.00 5,890.00 1,606.25 185.00 27,336.74. 548.47 753.75 427.17 990.00 5,610.00 1,204.31 91.39 883.96 74.66 2,400.00 46.82 """" "'-' "'-' 2. i!ii!fj, ~ APRIL 15, 2004 CITY OF LAKE ELSINORE WARRANT LIST ~CK# . ,476 77477 77478 77479 77480 77481 77482 77483 77484 77485 77486 77487 77488 77489 77490 77491 VENDOR NAME TRANS AMERICAN SOIL SERVICES, INC. UNITED PARCEL SERVICE UNITED STATES POSTAL SERVICE VALLEY CENTER AUTO PARTS NAPA VAN BLARCOM, LEIBOLD, MC CLENDON & MANN VENUS PRINTING VERIZON VERIZON CALIFORNIA, INC. VILLA, ARMANDO WATENPAUGH, RICHARD WEST COAST WINDOW CLEANING WEST GROUP WESTERN HIGHWAY PRODUCTS, INC. WORLD WIDE ENTERPRISES Z-BEST PAINT ZONES.COM AMOUNT 1,512.14 65.76 200.00 380.81 32,835.00 258.69 576.14 2,784.11 75.00 150.00 450.00 255.00 2,978.23 120.00 769.22 445.92 TOTAL 1,575,201.86 PIE DATE: 04/02/04 PAYROLL TAXES 04/02/04 PAYROLL CASH 43,878.12 97,184.27 ~ND TOTAL "",....... 1,716,264.25 4/21/2004 P:\WARRANT LIST MASTER\WARRANT 041504 40F4 AGENDA ITEM NO. PACE S; a ---... OF ~ 1 ,.... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: DICK W ATENP AUGH, CITY MANAGER DATE: APRIL 27, 2004 SUBJECT: DEDICATION BILL "WHISKERS" TUCKER BACKGROUND The City Council following the Memorial Services for Bill "Whiskers" Tucker, at the request of family and friends, directed staff to meet with the Tucker family and design a memorial for "Whiskers" . DISCUSSION Attached is staffs letter to Ms. Jeri Tucker, in follow up to City Council's request for a memorial at the north fishing beach at Townsend Street. Ms. Tucker has responded with a requested change that is acceptable and subject to City Council's approval, staff will proceed to order a bronze plaque. ~ When the plaque is ready, staff will coordinate a dedication with the Mayor and City Council. FISCAL IMPACT It is anticipated the plaque and installation will cost approximately $2,700. RECOMMENDATION It is recommended the Mayor and City Council approve the proposed verbiage and picture for the Bill "Whiskers" Tucker Memorial Plaque. PREPARED BY: DICK W A TENP AUGH, CITY MANAGER APPROVED FOR AGENDA BY: CIMA~1~ ~ i~{). 3 Y.',,{?f':;":;' I ("J;: ';<'"' It'. __'"__."" _ .J ~~'7~:~I":i-~.~~ T~-~' -~:- -;:~ ~..; ; .~- .,-,-....____.~_..........._.v-"'"._,~-,..___ .._.....""..,""".. ... _. R.ICUA12D \V A T~NPAUC;-U CITY ~AN~~R. C ~AYOR. AND CITY COUNCIL A6616 T ANT CITY ~ANAC;-~R. CITY CL~R.kjDIR.~CTOR. OF UU~AN R.~60UR.C~6 D~PAR.Ttv1~NT DIR.~CTOR.6 ,,",,,,,,,,,, APR.I L 12. 2004 _~ r'"1,~ ;:\ f\;-'n j:; :: ." ",' :: .~, ~ .~ . , - . L.. ~>..---_ . R.b..: D~DICATION TO E?ILL '\VUI6~~R.6" TUC~~R. D~R. ~12.. \VAT~NPAUC;-U. I \VOULD L1~b. TO 6TAR.T E?Y 6AYINC;-TUAN~ YOU FOR. ALL YOUR. 6UPPOR.T AND Q.~CONIZATION YOU UAV~ FOQ. E?ILL '\VUI6~~Q.6" TUC~~12.. TU~ FA~IL Y 16UONOR.~D TO E?b. PAQ.T OF CQ.~TINC;- TUI6 ~b.~OQ.IAL FOQ. E?ILL TU~ ONLY CUANc;b. \V~ AQ.~ R.~OU~6TINC;-16 A6 FOLLO\V6: \V~LCO~b. TO \VU 16~~Q.6 E?b.ACU. If P0661E?L~ U6~ TUb. PICTUQ.~ ~NCL06~D ON TUb. PLAOUI:... '"""""" TUAf\J~ YOu. <FF-i lVuJ?er2- . J ~R.I TUC~~Q. ~ t30._3 f:'A<f7:f; 'L. ,.,.,. ~ .' -~.,~-- ___ 'tpif'#- _ Q ".... .--.... ~:.' ;-.. ~. .S; ~,;s S~d&h IS {r~m tjDV1e, (rOC!L -+h~-\- W~ l.h\\Ct~, h.is;veflj '5Jv'l.a.Il) ~~\l~h J-htt+- '! +~~ b'tOiY"tG ~lAetu€- CD'MFt"Y Ceds to use If- as ,Q t-e'M.plttt~ 'P\~t6e,.; 1 e+- Yt\~ K~(,O\V, tt rv\\en1 fjJ ( I'Cll t~l().V\\Ls I .~. Jerl ~ \VC\ie'i( f,O~:~I;~!\. i1~~~i i~Oa .~.. """. "') ~'IV~it: '-' 3 /"\'''=. ~., . ._v.'~"C;2,,", J CITY OF LAKE ELSINORE MEMORANDUM TO: Dick Watenpaugh, City Manager ....". FROM: Pat Kilroy, Director of Lake & Aquatic Resources DATE: March 25, 2004 SUBJECT: Dedication to Bill "Whiskers" Tucker I would suggest the following inscription for Bill's plaque. u j~~." welcom:::::::r Beacb 1'.' .~~~~_~u In memory of Bill Tucker and the legend he brought to life as "Whiskers". May this fish tale live forever in the hearts of Lake Elsinore anglers. '-" Ce. Marlene Best, Assistant City Manager .....J ~=.,100. O!'-~ S7 City of 1!akE Ef1-ino7-E ({ c!)m; Cit;/j. got cIlI(O'l.E/' March 31, 2004 Thomas Buckley Mayor Genie Kelley Ivlayor Pro Tern J eri Tucker 16875 Sannelle Street Lake Elsinore, CA 92530 Daryl Hickman Councilman Re: Memorial to Bill "Whiskers" Tucker Robert E. Magee Councilman Dear Ms. Tucker: Robert Schiffner Councilman As follow-up to the City Council's action of March 23,2004, and our telephone ,--. . conversation, attached please find a draft of a proposed sign, to be installed at the -:;~~rd ~atenpaughNorth Fishing Beach, Townsend Street, in memory of Bill "Whiskers" Tucker. It ny <wager would be staff's intention to hold a formal dedication to install the memorial at a time and date specified by the City Council. Staffwould appreciate you and your family's review of the sign and verbiage. Please make any changes you would like, before we bring this back for final Council action. Please feel free to .::ontact me at 674-3124 ext. 204 or drop by City Hall with any questions or comments. Respectfully, /dp c. Mayor and City Council Assistant City Manager City ClerklDirector of Human Resources Department Directors f4G~i~' ~m1~ riO. 3. . ,. PAG1! .s- Of. S- ,-.... 730 ~outf'z d/I1ain ~t7.Ut, ...caru. Ef~ino7.c.1 Cdf 92530 fJc.fc.phonE (909) 674-3724 ~ax (909) 674-2392 www.fakc.-E[1.ino.te.o.tf} '" CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS FEBRUARY 2004 INTEREST RATE DATE MATURITY PURCHASED RATE AMOUNT LOCAL AGENCY INVESTMENT FUND 1.440% DAILY 24-HOUR $15,104,763.91 ====================================================================================================== INVESTMENT TOTAL $15,104.763.91 ====================================================================================================== AVERAGAE ANNUAL RATE.............1.652 % ,-.. I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 10, 2003. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. df'#fY I Date **Wm meet anticipated expenditures ""....... ACENDA ITEM NO. PACE J 4a-'.'."'" OF-L- r--- CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS MARCH 2004 INTEREST RATE DATE MATURITY PURCHASED RATE AMOUNT LOCAL AGENCY INVESTMENT FUND 1.474% DAILY 24-HOUR $17,604,763.91 ------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------ INVESTMENT TOTAL $17,604.763.91 ------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------ AVERAGAE ANNUAL RATE.............1.617 % /'"' I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 10, 2003. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Investment Officer ~~d.y Date **Will meet anticipated expenditures ,...... .-..., 1lf:~"'Ra M'\"IIQ c.o~- Ljb....T~...,.n.: J"'t:'cl'~-l''{~~~ r ~ f:Jif! ~lUo - . PAGE f OF J -.o~... CITY OF LAKE ELSINORE " REPORT TO THE CITY COUNCIL TO: Mayor and City Council FROM: Richard J. Watenpaugh, City Manager DATE: April 27, 2004 SUBJECT: APPROVAL OF FINAL MAP 28751, PULTE HOMES BACKGROUND At their regular meeting on February 22, 2000, City Council approved Tentative Tract Map 28751, and at their regular meeting on April 23, 2002, Council approved an extension of time until May 22, 2004. Tract Map No. 28751 consists of approximately 64.52 acres and is a subdivision of 133 lots for residential housing. The project site is located east of Summerhill Drive north of Via De La Valle. FINDINGS ~ Staff has reviewed the final map and it conforms substantially to the tentative tract map and all Conditions of Approval required at the final map stage have been completed. FISCAL IMPACT None. RECOMMENDATION 1. Approve the final map, subject to the City Engineer's acceptance as being true and correct and accept all dedications at time of recordation. 2. Authorize the City Clerk to sign the map and arrange for the recordation. PREPARED BY: Ken Seumalo, Engineering Manager APPROVED BY: Ji--t:Z~?- FoR 8vfJ B"i10Y COMMUNITY DEVELOPMENT DEPARTMENT APPROVED FOR fl ~ A, 1 /J AGENDA LISTING: J))..kJlJ.A__A)(/;fV,J 01J/tJh CITY MANAGER'S OFf1CE7 ~ ^O~NOA ITEM NO. S- PAOE f OF ~ J:I i.J .. 5 . I . . ;oj . ~ . ~ ~ ~ " ~ ~ w'- ~ ~:< 9 ~ >I il ~ ~ ~ ... >.. ....;i ~ ~ i~ ~ ~ !! ~ld ~ g i ~~ l!i is .. ~~ ~ fI ~ ~~ Zi~ ~ ~ ~li ~; ~ l:l "'I :!~ t: !i' ~a ~~: ... I il !~ =i ~ ... ~"' ~ ~ I ~~ ;~ ~~ ! ;:~ tit! :l~ g ....w Md c.~ ... :l5 elf ril!i . 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I! ~ i I ~ ~ 9 ~ ~ ~. ~ ~ ~ ~ ~e> i l!l i .!. ~I ~~ ~ ~ ~ S~~ >.... ~o.i ; , ~.i M ti ~ d~ &>1: ~ ~ ~ :ll:Z J~ % ~ : . ~~O ~B ~d 5 Ie x ~.~ ~~ ~E; i i ~~: ~ ~~ ~~ g ~i ~ ~9~ w u~ ~ J~ ~ ~~. ! ~~ ~~ ~ i~! ~~~ ~ ~~ ~~ i ~! ~ ~~; W ~~ ~~.... ~~ ~ i~~ g )(. ,!I! . G.M ~ D'" E 0; ~ ~ .: ; 2 R ~~ ~t ~ ~~ ~ a ~ ~ ....~ q-.... q~ n e.~ ~ ~~ ~; ~ ~~ ~ w~~ C ~A ~i ~ ~~ C c~~ 2 8 8~ 5.... 5 5~ 5 5~~ 8 ~ ~~ ~~ ~~ ~g ~ ~~~ ~.<J.O""~- y ~ :) 3 PACE 3 OF CITY OF LAKE ELSINORE ~ REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: DICK WATENPAUGH, CITY MANAGER DATE: APRIL 27, 2004 SUBJECT: PUBLIC HEARING-AUTHORIZING THE ISSUANCE OF BONDS AND APPROVING BOND DOCUMENTS; FORMATION OF CFD 2004-1 (CITY CENTER TOWNHOMES); CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES BACKGROUND On March 23, 2004, the City adopted a resolution of intention to form Community Facilities District (CFD) 2004-1 (City Center Townhomes) and a resolution of intention to incur bonded indebtedness to finance the facilities. ANALYSIS .- Public Facilities The City has proposed to form one community facilities district for the purpose of financing certain infrastructure and public facilities for the benefit of City Center Townhomes. The financial consultant for Oak Grove Equities II has prepared the rate and method of apportionment. The special tax rates for developed property are based on square footage for residential property and a fixed rate of $18,957 per acre for Apartment Units or non-residential property. Undeveloped property is also taxed at a fixed rate of$18,957 per acre. A Joint Community Facilities Agreement ("JCF A") will be entered into between the City, EVMWD and Oak Grove Equities II due to the inclusion ofEVMWD facilities and fees. The JCF A was approved by EVMWD on April 22, 2004. Bond Issue In order to finance the facilities it is necessary to incur bonded indebtedness in the amounts not to exceed $5,000,000. The estimated facility costs to be financed is estimated at $3,092,800 as presented on page 4 ofthe CFD Report. Staff will come back to City Council in August to request approval of a resolution authorizing the issuance of bonds. ,-... The annual CFD tax amounts, when combined with all other property taxes applicable to the project, are estimated to be approximately 1.90%, which is within the 2% City CFD guidelines. ACENDA ITEM NO. PACE I ~ I _Ill" OF Ie>/ . J CFD 2004-1 (City Center Townhomes) Public Hearing April 27, 2004 Page 2 of2 ......, FISCAL IMPACT Repayment of the bonds are secured by the special taxes levied on all property within the district, other than those properties that are exempt as provided in the respective rate and method of apportionment. The City will, however, be faced with a long-term obligation going forward to maintain the streets and other City facilities constructed with proceeds of the CFD bonds. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and take testimony 2. Adopt Resolution No. 2004 - ~ approving the Joint Community Facilities Agreement and a Funding, Construction and Acquisition Agreement 3. Adopt Resolution No. 2004 - ~ approving the formation ofthe District 4. Adopt Resolution No. 2004 - 4S- to incur bonded indebtedness and calling a special election 5. Adopt Resolution No. 2004 - :.1k ordering canvassing of the election results 6. Conduct first reading ofthe Ordinance No. 2004 - ~ authorizing the levy of special tax '-' PREPARED BY: APPROVED FOR M~~ AGENDA LISTING: Dick Watenpaugh, Cit Mana er ......., ,~CENDA ITEM NO. -~L;g PACE a OF_~LO / . I -......, ,,-- RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has heretofore adopted Resolution No. 2004-18 ("Resolution of Intention") stating its intention to form City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, Section 53316.2 of the Act states that a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the district only pursuant to a joint community facilities agreement or a joint exercise of powers agreement; and WHEREAS, certain facilities and capital fees to be financed by the CFD include those facilities and capital fees to be owned or operated by the Elsinore Valley Municipal Water District; /""'" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council hereby approves the Joint Community Facilities Agreement in substantially the form presented to the City Council at this meeting. The Mayor, the City Manager and the Director of Administrative Services are hereby authorized to execute the Joint Community Facilities Agreement with such revisions, amendments and completions as shall be approved by the officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. Section 2. The City Council hereby approves the Funding, Construction and Acquisition Agreement in substantially the form presented to the City Council at this meeting. The Mayor, the City Manager and the Director of Administrative Services are hereby authorized to execute the Funding, Construction and Acquisition Agreement with such revisions, amendments and completions as shall be approved by the officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. adoption. This Resolution shall take effect from and after the date of its passage and "........ 45444730.1 1 ACENDA ITEM r~o. PACE . ? 21 __ ...... '~i".~<i-'OA OF /0/ .j PASSED, APPROVED AND ADOPTED this ATTEST: Vicki Kasad, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney 45444730.1 CITY OF LAKE ELSINORE day of , 2004. By: ....." 2 Thomas Buckley, Mayor ACENDA ITEM NO. PACE i.j .., ,....." 'L{ OF 101 J ,-... "...-... "...-... STATE OF CALIFORNIA ) ) ss. ) COUNTY OF RIVERSIDE I, Vicki Kasad, 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 regular 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 45444730. ] 3 AGENDA ITEM NO. PAGE 5 2-1 OF I b I ,..", JOINT COMMUNITY FACILITIES AGREEMENT by and among CITY OF LAKE ELSINORE AND ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND OAK GROVE EQUITIES II AND DAIGLE HOMES LLC ,..", RELATING TO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER) OF THE CITY OF LAKE ELSINORE Dated as of April 22, 2004 ,..", 4/15/04 9094.1 H&O: #14021 v3 AGENDA iTEM NO.~ PACE ~ OF (.011. /""" JOINT COMMUNITY FACILITIES AGREEMENT BY AND AMONG CITY OF LAKE ELSINORE AND ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND OAK GROVE EQUITIES II AND DAIGLE HOMES LLC (Community Facilities District No. 2004-1 (City Center) of the City of Lake Elsinore) THIS JOINT COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into as of the 22nd day of April, 2004, by and among the ELSINORE VALLEY MUNICIPAL WATER DISTRICT, County of Riverside, State of California, a municipal water district ("EVMWD") organized and operating pursuant to the Municipal Water District Law of 1911 as set forth in the California Water Code, the CITY OF LAKE ELSINORE, a municipal corporation ("City"), and OAK GROVE EQUITIES II, a California limited partnership, and DAIGLE HOMES LLC, a California limited liability company (collectively, "Property Owner"). ~ R E C ! TAL ~: A. Property Owner is the owner of, or under contract to purchase certain real property located within the boundaries of the EVMWD and the City and depicted in Exhibit "A" hereto (the "Property"). The Property consists of Tentative Tract No. 31531 and Tentative Tact No. 31532 which are proposed to be developed with 84 and 60 multi-family units, respectively (the "Project"). B. The Project will require the payment, pursuant to the rules and regulations of EVMWD, as amended from time to time ("EVMWD Rules and Regulations"), of certain EVMWD Charges (defined below). An amount equal to the EVMWD Charges may be paid directly to EVMWD from time to time out of Bond Proceeds (defined below) pursuant to this Agreement. D. The Project will also benefit, in whole or in part, from the construction of certain Acquisition Facilities (defined below and described on Exhibit "B" attached hereto). EVMWD and the Property Owner agree that any Acquisition Facilities to be constructed by Property Owner shall be eligible for acquisition by EVMWD and the costs thereof shall be eligible for reimbursement out of Bond Proceeds pursuant to this Agreement. E. In conjunction with the recording of the final subdivision map( s) for the Project, ",..... the issuance of building permits for the construction of homes within the Project and/or receipt of water meters for such homes, it may be necessary for Property Owner, or its successors or 4/15/04 9094.1 H&O: #14021 v3 2-( AGENDA ITEM NO. PACE 7 OF/6/ A_'""_~.~ J assigns, to provide a security deposit to cover EVMWD Charges to EVMWD (the "Deposits") before any Bond Proceeds are available to pay for EVMWD Charges. In such case, Property "-'" Owner shall be entitled to (i) reimbursement of such Deposits and (ii) credit for payments made to the EVMWD from Bond Proceeds for EVMWD Charges which would otherwise be due to the EVMWD in conjunction with the Project, all as further described herein. F. The Project will also require certain public improvements to be owned, operated or maintained by the City (the "City Improvements") which will also be eligible for financing through the CFD. G. Pursuant to the request of the Property Owner, the City Council of the City intends to form the CFD pursuant to the Act (defined below) to provide financing of the EVMWD Charges, Acquisition Facilities and City Improvements. H. City and EVMWD are authorized by Section 53313.5 of the Act to pay for or finance, by means of the CFD, the EVMWD Charges, Acquisition Facilities and City Improvements. This Agreement constitutes a "joint community facilities agreement" ("JCF A") within the meaning of Section 53316.2 ofthe Act by and among EVMWD, the City and Property Owner, pursuant to which the CFD, when formed, will be authorized to finance the City Improvements and EVMWD Charges and to finance the construction and acquisition of Acquisition Facilities. As provided by Section 53316.6 of the Act, responsibility for providing and operating the Acquisition Facilities is delegated to EVMWD to the extent set forth herein and responsibility for constructing, providing and operating the City Improvements is delegated to the City. "-'" I. The provision of the City Improvements, Acquisition Facilities and EVMWD Charges is necessitated by the Project, and the parties hereto find and determine that the residents. of the City and EVMWD will be benefited by the payment of EVMWD Charges and construction and acquisition of the Acquisition Facilities and the City Improvements and that this Agreement is beneficial to the interests of such residents. '-'" 4115/04 9094.1 H&O: #14021 v3 2 AOENDA ITEM NO. .'7- I PACiE---.:L-OF ...1E.L ~ ARTICLE I GENERAL PROVISIONS Section 1.1 Recitals. The above recitals are true and correct and are hereby incorporated by this reference. Section 1.2 Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified. (a) "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, commencing with California Government Code Section 53311, et seq. (b) "Acquisition Facility or Facilities" means those sewer and water facilities listed on Exhibit "B" hereto, which are eligible to be constructed by the Property Owner, acquired by EVMWD and paid for with Bond Proceeds. (c) "Acquisition Price" means the amount to be paid out of Bond Proceeds for an Acquisition Facility. ~ (d) "Actual Costs" with respect to an Acquisition Facility includes: (i) the actual hard construction costs including labor, materials and equipment costs, (ii) the costs incurred in design, engineering and preparation of plans (iii) the fees paid to consultants and government agencies in connection with and for obtaining permits, licenses or other required governmental approvals, (iv) a construction management fee of 5% of the costs described in clause (i) above, (v) professional costs such as engineering, legal, accounting, inspection construction staking, materials testing and similar professional services, (vi) costs of payment, performance of maintenance bonds, and insurance costs (including the costs of any title insurance) and (vii) the value of any real property or interests therein that (1) are required for the construction of the Acquisition Facility such as temporary construction easements, haul roads, etc. and (2) are required to be conveyed with such Acquisition Facility in an amount equal to the fair market value of such real property or interests therein. (e) "Agreement" means this Joint Communities Facilities Agreement. (f) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net funds generated by the sale of the Bonds. (g) "Bond Resolution" means that Resolution, Resolution Supplement, Fiscal Agent Agreement, Indenture of Trust or other equivalent document(s) providing for the issuance of the Bonds. '"" (h) "Bonds" shall mean those bonds, or other securities, issued by, or on behalf ofthe CFD, as authorized by the qualified electors within the CFD. 4/15/04 9094.1 H&O: #14021 v3 3 AGENDA'TEM No.2-I PACE q OF /oJ (i) "CFD" means Community Facilities District No. 2004-1 (City Center) of the City of Lake Elsinore. ~ (j) "Deposits" means an amount deposited with EVMWD by Property Owner as security for EVMWD Charges prior to the issuance and sale of Bonds and which are eligible for refund by EVMWD upon the sale of Bonds and disbursement of an amount of Bond Proceeds to EVMWD in an amount equal to or exceeding such Deposits. (k) "Engineer" means the engineering firm or in-house personnel used by EVMWD to determine the value of an Acquisition Facility to be acquired with Bond Proceeds. (1) "EVMWD Charges" means water connection fees, sewer connection fees, annexation fees, sewer treatment capacity charges and all components thereof of the EVMWD imposed upon the Project to pay for the provision of water and sewer services to and the construction ofEVMWD water and sewer facilities required to serve the Project. (m) "EVMWD Facilities Fund" means the fund, account or sub-account of the CFD (regardless of its designation within the Bond Resolution) into which a portion of the Bond Proceeds may be deposited in accordance with the Bond Resolution and Funding Agreement to finance the construction and acquisition of the Acquisition Facilities and to pay EVMWD Charges. (n) Designee. (0) Charges. (P) "EVMWD Representative" means the EVMWD Chief Engineer or his ~ "Facilities" means the City Facilities, Acquisition Facilities and EVMWD "Field Engineer" shall have the meaning ascribed to the term in Section 3. (q) "Funding Agreement" shall mean the Funding, Construction and Acquisition Agreement between City and Property Owner relating to the CFD, as it may be amended from time to time. (r) "Party" or "Parties" shall mean anyone or all of the parties to this Agreement, including the CFD which, upon its formation, shall be considered to be a party to this Agreement and bound by its provisions. (s) "Plans and Specifications" shall mean the plans and specifications for the design and construction of an Acquisition Facility as approved by EVMWD, which approval shall not be unreasonably withheld. (t) "Rate and Method" means the Rate and Method of Apportionment of the Special Tax authorizing the levy and collection of special taxes pursuant to proceedings undertaken for the formation ofthe CFD pursuant to the Act. (u) "State" means the State of California. '-" 4/15/04 9094.1 H&O: #14021 v3 4 AGENDA ITEM NO. 2... I PAGE /0 OF /0/ "'" (v) "Special Taxes" means the special taxes authorized to be levied and collected pursuant to the Rate and Method. (w) "Substantially Complete" or "Substantial Completion" with respect to an Acquisition Facility means that such Acquisition Facility is substantially complete in accordance with its Plans and Specifications and is available for use by the public for its intended purpose, notwithstanding any final "punch list" items still required to be completed, unless such items are required for the safe operation of such Acquisition Facility, and shall be based upon approval of EVMWD's inspectors, which shall not be unreasonably withheld. ARTICLE II FORMATION OF CFD AND ISSUANCE OF BONDS Section 2.1 Proposed Formation of the CFD. The City, pursuant to the written request of the Property Owner, has initiated proceedings pursuant to the Act for the formation of the CFD, the authorization of the Special Taxes within the CFD and the authorization of Bonds on behalf ofthe CFD. Nothing contained herein Shall}>. e deemed to limit the discretion of the City in that regard and the City shall have no liabilif1.to EVMWD if the CFD is not formed or if the Special Taxes and Bonds are not authorized by the qualified electors within the CFD. ".......... Section 2.2 Issuance and Sale of Bonds. In the event the CFD is formed and the Special Taxes and Bonds are authorized, the City Council of the City, acting as the legislative body of the CFD, may, in its sole discretion, in accordance with its adopted policies and the Funding Agreement adopt the Bond Resolution and issue the Bonds to finance the Facilities. Section 2.3 Bond Proceeds. Upon the issuance and sale of each series of Bonds, and receipt ofthe Bond Proceeds, the City shall determine the amount of the Bond Proceeds allocable to finance construction and acquisition of Acquisition Facilities and to pay EVMWD Charges in accordance with the Funding Agreement, and shall deposit such amount in the EVMWD Facilities Fund. ".......... In conjunction with the recording of the final subdivision maps for the Property, the issuance of building permits for the construction of homes within the Property and/or receipt of water meters for such homes, it may be necessary for Property Owner, or its successors of assigns, to make Deposits before Bonds are issued. Upon the issuance and sale of the Bonds, Property Owner may execute and submit a payment request to the CFD in the format and meeting the requirements as set forth in the Funding Agreement requesting disbursement to EVMWD of an amount equal to all Deposits from the EVMWD Facilities Fund. Within thirty (30) days of EVMWD's receipt of funds pursuant to such disbursement request, EVMWD shall return the Deposits to Property Owner. In the event Bonds are not issued within six (6) months of the date of any Deposit, such Deposit may at the written direction of EVMWD be applied to 4/15/04 9094.1 H&O: #14021 v3 5 ACENDA ITEM NO. PAGE /1 2-1 OF /0/ pay EVMWD Charges and should no longer be reflected as a Deposit on the accounts of EVMWD: ~ From time to time following the issuance and sale of the Bonds, Property Owner shall authorize EVMWD in writing to request a disbursement from the EVMWD Facilities Fund to fund EVMWD Charges. Upon such notice and EVMWD's receipt of such disbursement, Property Owner shall be deemed to have satisfied the applicable EVMWD Charges with respect to the number of dwelling units or lots for which the EVMWD Charges would otherwise have been required in an amount equal to such disbursement. Section 2.4 Responsibilitv for EVMWD Chare.es and Acquisition Facilities. (a) The Parties hereto acknowledge and agree that the final responsibility for the payment of the EVMWD Charges and the design, construction and dedication of Acquisition Facilities to be constructed by Property Owner lies with the Property Owner. (b) If the amounts derived from Bond Proceeds deposited in the EVMWD Facilities Fund, including investment earnings thereon, if any, are not sufficient to fund the total cost of the EVMWD Charges and Acquisition Facilities to be constructed by Property Owner, the parties hereto agree that all responsibility and liability for the amount of such shortfall shall be and remain with the Property Owner and shall not lie with the City, CFD or EVMWD. (c) In addition to financing the EVMWD Charges described above, the Parties acknowledge that EVMWD may require the Property Owner, pursuant to the EVMWD Rules and Regulations, to design, construct and dedicate to EVMWD Acquisition Facilities as a condition to providing water and sewer service to the Property. The Parties also agree and acknowledge that all responsibility and obligation for the design, construction and dedication of such Acquisition Facilities to EVMWD, in accordance with all applicable statutes and the EVMWD Rules and Regulations, shall be and remain the responsibility of the Property Owner. ....., (d) EVMWD agrees to utilize or apply funds provided to it by the CFD, in accordance with the Act and other applicable law, and as set forth herein, for the EVMWD Charges and Acquisition Facilities to be constructed by Property Owner. (e) Property Owner shall indemnify, defend, and hold harmless, the City, CFD, and EVMWD, their respective officers, employees and agents, and each and everyone of them from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of or resulting from the design, engineering, construction, and transfer of ownership of the Acquisition Facilities constructed by Property Owner. (f) EVMWD shall indemnify, defend, and hold harmless, the City, CFD and Property Owner, their respective officers, employees and agents, and each and every one of them from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of or resulting from the design, engineering, construction, and acquisition of the Acquisition Facilities constructed by EVMWD and the facilities constructed with the proceeds of the EVMWD Charges. ~ 4/15/04 9094.1 H&O: #14021 v3 6 AGENDA ITEM NO. Z I PACE 1:2... OF) 07 j ~ Section 2.5 Responsibility for Debt Service or Special Taxes. EVMWD shall have no obligation, responsibility, or authority with respect to the issuance and sale of the Bonds, the Bond Proceeds available to finance the construction and acquisition of the Acquisition Facilities and to pay EVMWD Charges, the payment of the principal and interest on the Bonds, or for the levy of the Special Taxes to provide for the payment of principal and interest thereon. The CFD shall have the sole authority and responsibility for all such matters. The Parties hereto specifically agree that the liabilities ofthe CFD, including liabilities, if any, of the CFD pursuant to the documents providing for the issuance of Bonds, including the Bond Resolution, shall not be or become liabilities ofEVMWD. Section 2.6 Administration of the CFD. The City shall have the power and duty to provide for the administration of the CFD once it is formed, subject to the terms hereof and the Funding Agreement, including employing and compensating all consultants and providing for the various other administration duties set forth in this Agreement. It is understood and agreed by Parties hereto that EVMWD will not be considered a participant in the proceedings relative to formation of the CFD or the issuance of the Bonds, other than as a Party to this Agreement. "......... ARTICLE III CONSTRUCTION AND ACQUISITION OF ACQUISITION FACILITIES Section 3.1 Construction of Acquisition Facilities bv Property Owner. The following provisions of this Article ill shall apply solely with respect to those Acquisition Facilities to be constructed by the Property Owner and acquired by EVMWD with Bond Proceeds: ~ (a) The Property Owner will complete the Plans and Specifications for such Acquisition Facilities. The Plans and Specifications shall include EVMWD's standard specifications and shall be subject to EVMWD approval, which shall not be umeasonably withheld. EVMWD agrees to process any Plans and Specifications for approval with reasonable diligence and in a timely manner. The Property Owner may proceed with the construction of any such Acquisition Facilities in accordance with the provisions of Section 3.2 hereof A qualified engineering firm (the "Field Engineer") shall be employed by Property Owner to provide all field engineering surveys determined to be necessary by the EVMWD inspection personnel. Field Engineer shall promptly furnish to EVMWD a complete set of grade sheets listing all locations, offsets, etc., in accordance with good engineering practices, and attendant data and reports resulting from the Field Engineer's engineering surveys and/or proposed facility design changes. EVMWD shall have the right, but not the obligation, to review, evaluate and analyze whether such results comply with applicable specifications. 4/15/04 9094.1 H&O: #14021 v3 7 ACENDA ITEM NO. 2 / PACE /3 OF JOJ (b) A full-time soils testing firm, approved by EVMWD, shall be employed by ....." Property Owner to conduct soil compaction testing and certification. Property Owner shall promptly furnish results of all such compaction testing to the EVMWD for its review, evaluation and decision as to compliance with applicable specifications. In the event the compaction is not in accordance or compliance with applicable specifications, Property Owner shall be fully liable and responsible therefore. A final report shall be required fully certifying trench compaction efforts prior to acceptance of each of the Acquisition Facilities. (c) The cost of all surveying, compaction testing and report costs associated with such Acquisition Facilities furnished and constructed by any contractors or sub- contractors (collectively, "Contractors") shall be included among the costs which are eligible to be paid from the EVMWD Facilities Fund. (d) EVMWD shall not be responsible for conducting any environmental, archaeological, biological, or cultural studies or any mitigation requirements related to the Acquisition Facilities to be constructed by Property Owner that may be requested by appropriate Federal, State, and/or local agencies. Any such work shall be paid for and such work shall be conducted by, or on behalf of Property Owner and the costs of such work shall be eligible to be paid from the EVMWD Facilities Fund. Section 3.2 Public Works Requirements. In order to insure that the Acquisition Facilities to be constructed by the Property Owner, completed after formation of the CFD and acquired with Bond Proceeds will be constructed as if they had been constructed under the direction and supervision, or under the authority of, the EVMWD, so that they may be acquired by the EVMWD pursuant to Government Code Section 53313.5, the Property Owner shall comply with all of the following requirements: ....., (a) The Property Owner shall obtain bids for the construction of such Acquisition Facilities in conformance with the standard procedures and requirements of the EVMWD with respect to its public works projects or in a manner which is approved by the EVMWD Representative. (b) The contract or contracts for the construction of such Acquisition Facilities shall be awarded to the responsible bidder(s) submitting the lowest responsive bides) for the construction of such Acquisition Facilities. (c) The Property Owner shall require, and the specifications and bid and contract documents shall require all such Contractors to pay prevailing wages and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects and as required by the procedures and standards of the EVMWD with respect to the construction of its public works projects. (d) Said Contractors shall be required to furnish labor and material payment bonds and contract performance bonds in an amount equal to 100 percent of the contract price naming the Property Owner and the EVMWD as obligees and issued by insurance or ....." 4/15/04 9094.1 H&O: #14021 v3 8 AGENDA ITEM NO. PAGE Ii/- 2/ OF /b I r--- surety companies approved by the EVMWD. All such bonds shall be in a form approved by the EVMWD Representative. Rather than requiring its Contractors to provide such bonds, the Property Owner may elect to provide the same for the benefit of its Contractors. (e) All such Contractors shall be required to provide proof of insurance coverage throughout the term of the construction of such Acquisition Facilities which they will construct in conformance with EVMWD's standard procedures and requirements. (f) The Property Owner and all such Contractors shall comply with such other requirements relating to the construction of such Acquisition Facilities which the EVMWD may impose by written notification delivered to the Property Owner and each such Contractor at any time either prior to the receipt of bids by the Property Owner for the construction of such Acquisition Facilities or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. In accordance with this Section 3.2, the Property Owner shall be deemed the awarding body and shall be solely responsible for compliance and enforcement of the provisions of the Labor Code, Government Code, and Public Contract Code of the State of California. The Property Owner shall provide proofto the EVMWD, at such intervals and in such form as the EVMWD Representative may require, that the foregoing requirements have been satisfied as to all of the Acquisition Facilities constructed by Property Owner, acquired by EVMWD and paid for with Bond Proceeds. ".- Section 3.3 Inspection~ Completion of Construction. EVMWD shall have primary responsibility for providing inspection of the construction of the Acquisition Facilities constructed by the Property Owner to insure that the construction is accomplished in accordance with the Plans and Specifications. EVMWD's personnel shall have access to the site of the work at all reasonable times for the purpose of accomplishing such inspection. Upon Substantial Completion of the construction of such Acquisition Facilities by Property Owner, the Property Owner shall notify the EVMWD in writing that the construction of such Acquisition Facilities has been Substantially Completed. Upon receiving such written notification from the Property Owner, and upon receipt of written notification from its inspectors that construction of any of the Acquisition Facilities by Property Owner has been Substantially Completed, the EVMWD shall in a timely manner notify the Property Owner in writing that the construction of such Acquisition Facilities has been satisfactorily completed. Upon receiving such notification, the Property Owner shall forthwith file with the County Recorder of the County of Riverside a Notice of Completion pursuant to the provisions of Section 3093 ofthe Civil Code. The Property Owner shall furnish to the EVMWD a duplicate copy of each such Notice of Completion showing thereon the date of filing with the County Recorder. Any actual costs reasonably incurred by the EVMWD in inspecting and approving the construction of any Acquisition Facilities by Property Owner not previously paid by the Property Owner shall be eligible to be reimbursed from the EVMWD Facilities Fund or paid directly by Property Owner. r--- Section 3.4 Liens. 4/15/04 9094.1 H&O: #14021 v3 9 ACENDA ITEM NO. '2 I PACE /5 OF /01 Upon the expiration of the time for the recording of claim of liens as prescribed by Sections 3115 and 3116 of the Civil Code, the Property Owner shall provide to the EVMWD such evidence ,....., or proof as the EVMWD shall require that all persons, firms and corporations suppl~ng work, labor, materials, supplies and equipment on behalf of Property Owner for the constructIon of any Acquisition Facilities have been paid, and that no claims ofliens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, the Property Owner may elect to provide to the EVMWD a title insurance policy or other security acceptable to the EVMWD guaranteeing that no such claims of liens will be recorded or become a lien upon the Property with priority over the lien of the special taxes to be levied thereon in the proceedings for the formation ofthe CFD. Section 3.5 Acquisition. Acquisition Price~ Source of Funds. Provided the Property Owner has complied with the requirements of this Agreement, EVMWD agrees to acquire the Acquisition Facilities from the Property Owner. The price to be paid by the CFD for the acquisition of such Acquisition Facilities by EVMWD (the "Acquisition Price") shall be the lesser of (i) the value of the Acquisition Facilities or (ii) the total of the Actual Costs ofthe Acquisition Facilities. The Property Owner shall transfer ownership of the Acquisition Facilities to the EVMWD by grant deed, bill of sale or such other documentation as the EVMWD may require. Upon the transfer of ownership of the Acquisition Facilities or any portion thereof from the Property Owner to EVMWD, EVMWD shall be responsible for the maintenance of the Acquisition Facilities or the portion transferred. For purposes of determining the Acquisition Price to be paid by the CFD for the acquisition of the Acquisition Facilities by EVMWD, the value of such improvements shall be the amount determined by the engineering firm retained by the EVMWD for such purpose (the "Engineer"), to be the value of the Acquisition Facilities based on the Actual Costs submitted by the Property Owner, as hereinbefore specified; provided, however, that if the Engineer determines that such Actual Costs, or any of them, are excessive and that the value of the Acquisition Facilities is less than the total amount of such Actual Costs, the Acquisition Price to be paid by the CFD for the acquisition ofthe Acquisition Facilities shall be the value thereof as determined by the Engineer. "'-"" Upon completion of the construction of any Acquisition Facilities by Property Owner, the Property Owner shall deliver to EVMWD copies of the contract(s) with the Contractor(s) who have constructed the Acquisition Facilities or other relevant documentation with regard to the payments made to such Contractor(s) and each of them for the construction of such Acquisition Facilities, and shall also provide to EVMWD copies of all invoices and purchase orders with respect to all supplies and materials purchased for the construction of such Acquisition Facilities. EVMWD shall require the Engineer to complete its determination of the value of the Acquisition Facilities as promptly as is reasonably possible. The Acquisition Price of any Acquisition Facilities may be determined and paid out of the EVMWD Facilities Fund prior to transfer of ownership of the Acquisition Facilities to EVMWD upon a determination of Substantial Completion of such Acquisition Facility. Property Owner shall submit a payment request form to the CFD in the format and with the information required by the Funding Agreement, which must also contain therewith approval of EVMWD, which approval shall not be umeasonably withheld. ......, 4/15/04 9094.1 H&O: #14021 v3 10 ACENDA'TEM NO. PACE I~ 2-/ OF JD/ "....... Notwithstanding the preceding provisions of this section, the sole source of funds for the acquisition by EVMWD of the Acquisition Facilities or any portion thereof shall be the Bond Proceeds made available by the CFD pursuant to Section 2.3 above. If for any reason beyond EVMWD's control, the proceedings for the formation of the CFD are not completed or the Bonds are not sold, EVMWD shall not be required to acquire any Acquisition Facilities from the Property Owner. In such event, the Property Owner shall complete the design and construction and offer to the EVMWD ownership of such portions of Acquisition Facilities as are required to be constructed by the Property Owner as a condition to recordation of subdivision maps for the Property or any other agreement between Property Owner and EVMWD, but need not construct any portion of the Acquisition Facilities which it is not so required to construct. Section 3.6 Easements. The Property Owner shall, at the time EVMWD acquires the Acquisition Facilities as provided in Section 3.2 hereof, grant to EVMWD, by appropriate instruments prescribed by EVMWD, all easements on private property which may be reasonably necessary for the proper operation and maintenance of such Acquisition Facilities, or any part thereof. Section 3.7 Maintenance. ,,-.. Prior to the transfer of ownership of an Acquisition Facility by the Property Owner to the EVMWD, as provided in Section 3.5 hereof, the Property Owner shall be responsible for the maintenance thereof and shall maintain and transfer such Acquisition Facility to EVMWD in as good condition as the Acquisition Facility was in at the time the Property Owner notified the EVMWD that construction of same had been completed in accordance with the Plans and Specifications. The Parties agree that the construction and acquisition of the Acquisition Facilities to be constructed by Property Owner is a matter between Property Owner and EVMWD only, and that the City and the CFD shall have no responsibility for on-site inspection or monitoring or for certifying that the provisions of Article ITI ofthis Agreement be satisfied. The Parties also agree that, notwithstanding anything in this Agreement to the contrary, certain Acquisition Facilities specified in Exhibit "B" have been completed prior to the date of this Agreement and, subject to EVMWD's determination of the Acquisition Price of such Acquisition Facilities, are eligible to be financed with the Proceeds ofthe Bonds. ARTICLE IV TERM AND TERMINATION Section 4.1 Effective Date. This Agreement shall become effective and of full force and effect as of the date ,-.... ("Effective Date") it is approved by the Property Owner, the City Council of the City and 4/15/04 9094.\ H&O: #14021 v3 11 ACENDA ITEM NO. PACE II 2/ ~_ It': , OF 101 governing board of the EVMWD, to be confirmed by the execution hereof by the authorized representatives of the Parties hereto. --' Section 4.2 Termination. If the CFD is unable to complete the sale of the first series of Bonds prior to July 1,2010, this Agreement shall thereafter automatically terminate and be of no further force or effect, unless extended by the parties hereto. ARTICLE V ADDITIONAL GENERAL PROVISIONS Section 5.1 Recordkeepine; Inspection of Records. EVMWD hereby agrees to keep and maintain full and accurate records of all amounts, and investment earnings, if any, paid to EVMWD for the EVMWD Charges and the City hereby agrees to keep and maintain full and accurate records of all amounts, and investment earnings, if any, expended from the EVMWD Facilities Fund. Each Party further agrees to make such records available to any other Party hereto, including Property Owner, during normal business hours upon reasonable prior notice. All such records shall be kept and maintained by the appropriate Party as provided by applicable law and their respective policies. Each of EVMWD and Property Owner agree that they will cooperate with the CFD and the City in providing documentation, reports or other data reasonably required and requested by the City or the CFD in --' meeting the reporting requirements of the CFD under California Senate Bill (SB) No. 165, Chapter 535 of the Statutes of2000. Section 5.2 Partial Invaliditv. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 5.3 Successors and Assiens. Property Owner may assign its rights pursuant to this Agreement to a purchaser of the Property, or any portion thereof who shall be the owner of any Acquisition Facilities or payer of any EVMWD Charges and to whom Property Owner shall assign the right to receive payment of the Acquisition Price for such Acquisition Facilities or other rights under this Agreement with respect to EVMWD Charges. Such a purchaser and assignee shall enter into an assignment agreement with the EVMWD and the City, in a form acceptable to the EVMWD and the City, whereby such purchaser agrees, except as may be otherwise specifically provided therein, to assume the obligations of Property Owner pursuant to this Agreement and to be bound thereby. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto. ~ 4/15/04 9094.1 H&O: #14021 v3 12 ACENDA ITEM NO. '2 / PACE 1<1 OF /01 -- """ Section 5.4 Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any Party or other person shall be deemed to have been received when personally delivered or upon deposit of the same in the United States Post Office registered or certified, postage prepaid, addressed as follows: City: City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Attention: City Manager EVMWD: Elsinore Valley Municipal Water District 31315 Chaney Street Lake Elsinore, CA 92530 Attention: General Manager Property Owner: c/o Oak Grove Equities 28991 Front Street Suite 207 Temecula, CA 92590 Attention: Craig Schleuniger ~ Each Party can change its address for delivery of notice by delivering written notice of such change or address to the other parties within ten (10) calendar days prior to such change. Section 5.5 Captions. The captions to Sections used herein are for convenience purposes only and are not part of this Agreement. Section 5.6 Governini! Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts made and performed in such State. Section 5.7 Entire Ai!reement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Agreement. Section 5.8 Amendments. ~ This Agreement may be amended or modified only in writing executed by the authorized representative(s) of each of the Parties hereto. 4/15/04 9094.1 H&O: #14021 v3 13 ACENDA ITEM NO. 2- / PACE JCj OF 10/ - J Section 5.9 Waiver. The failure of any Party hereto to insist on compliance within any of the terms, covenants or conditions of this Agreement by any other Party hereto, shall not be deemed a waiver of such terms, covenants or conditions of this Agreement by such other Party, nor shall any waiver constitute a relinquishment of any other right or power for all or any other times. Section 5.10 Cooperation and Execution of Documents. The Parties hereto agree to complete and execute any further or additional documents which may be necessary to complete or further the terms of this Agreement. Section 5.11 Attornevs' Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorneys' fees. Section 5.12 Exhibits. The following exhibits attached hereto are incorporated into this Agreement by reference. Exhibit Description CFD Boundary Map Acquisition Facilites Description "A" "B" Section 5.13 Sh!natories. The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the party for whom they sign. Section 5.14 Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. [Remainder of this page is blank] 4/15/04 9094.1 H&O: #14021 v3 14 ACENDA ITEM NO. PACE ~ -...." ....., -...." 21 OF 101 ,..... IN WITNESS WHEREOF, the parties hereto have executed this Joint Community Facilities Agreement as of the day and year written alongside their signature below. CITY OF LAKE ELSINORE By: Its: City Manager Date: APPROVED AS TO FORM VAN BLARCOM, LEIBOLD, MCCLENDON & MANN, P.e. By: Barbara Leibold ATTEST: By: City Clerk ELSINORE VALLEY MUNICIP AL WATER DISTRICT Date: "..-. By: General Manager of the Elsinore V alley Municipal Water District Date: OAK GROVE EQUITIES II, a California limited partnership By: Craig X. Schleuniger, General Partner DAIGLE HOMES LLC, a California limited liability company By: Craig X. Schleuniger, Member ,.... By: Glen Daigle, Member 4/15/04 9094.1 H&O: #14021 v3 15 AGENDA ITEM NO. PAGE tiJ..1 2/ OF /0/ - EXHIBIT" A" ~ PROPERTY DESCRIPTION ~ ~ 4/15/04 9094.1 H&O: #14021 v3 AGENDA ITEM NO. L.. I PAGE ~ OF 101 PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2004-1 OF THE CITY OF LAKE ELSINORE (CITY CENTER TOWNHOMES) COUNTY OF RIVERSIDE, STATE OF CAUFORNIA IIIC1NITY MAP NO SCALE I.EliDID 0I$1IlICT IlCIUNONlY _ >>:HIJO-'O JlJ-240-02 >>.1-240-OJ JlJ-240-04 >>.1-240-01 >>J-24O-Oll JlJ-240-'6 ~ .. g >i SCAlE: '"..00' ~ ~ ". ~ ~ ''5>. ~ .: .. "' .. j:; OTY ClIJlI( OF !HE: OTY OF I.AI([ D.SlIIOIlE F1LEO .. THE omcc OF !HE OIY ClIJlI( OF !HE OTY OF LAKE nSWOAE IHIS ---PAy OF -2004- _.00 I HEffE8Y CERwY 1'HA r 1H[ .JHIN MAP ~ 'JH[ PROPOSED 80UN0ARtES 0If !HE OrY OF LAKE nSlHORE COINUHIIY 'AClUIlES 0IS1IlICY NO. 2__'(OIY CEHTVl _5) OTY OF l.AIlE ~. COUNIY OF RI~ srATE OF CAlSOllNA "'5 _\€I) BY lit[ OTY COUNOI. OF IH[ OTY OF LAKE nSlNOAE: AT A RE_ Y $CHEIlUlED IoI[[I1NG JHER[Cf'. HELD ON THe _ OAY OF 2004. 8Y "5 RE$Q.Uncw No. OTY ClIJlI( OF IHt: OIY OF LAKE nSlNOAE COUNTY RECOROEll OF THE COUNTY OF RlloQSlOE FILED >>ftS _ (JAY OF _ 2004. AT tHE HOUR or _ O.CLODe....lI. .. BOOC_ CT MAPS OF ASSESSMENT AND COU......TY F'AOUTlES OtSl'RICJS PAGE NOS._'JHROLtQof_ AS INS'lJlUUENT HO._ IN THE oma: OF THE COUNTY IIECOROEll .. 1HE COUNTY OF RI1I[lISIO[. STAt[ OF CAUf'OllNA, m._ A(l'[R(HCE JH( AI\oUSIOE COUNTY ASSESSOR"S ..APS '011 A OCTAUD Il[SCIlIPIION OF PA/lCEL lMES AND OIIlENSIONS PROPOSED BOUNDARY MAP ".- _HARRIS l ASSOCIATES J.c ~.. flgtk, 5uItI1 15& _ ""-. CA '211. (M) ...-_ . 'AI (NS) '5>-'"5 Communll1 F.clllUn D10tricl No. 2004-1 or the Cll1 or Lake Eloloon (Cll1 Conter Townhomn) COUNTY or _IDS, c.wrolllllA _ I or I O:~......' Df'r t:IN1P PACE EXHIBIT "B" ....., ACQUISITION FACILITIES DESCRIPTION The type of Acquisition Facilities eligible to be financed by the CFD under the Act are as follows: "Acquisition Facilities" means those facilities needed by EVMWD in order to provide services to the Project and also includes any of the following: EVMWD sewer and water transmission lines, sewer and water pump stations, water reservoirs, including all costs of site acquisition, planning, design, engineering, legal services, materials testing, coordination, surveying, construction staking, construction, inspection and any and all appurtenant facilities relating to the foregoing. "Acquisition Facilities" shall also include any attributable expenses related to the issuance and sale of any "debt", as defined in Section 53317(d) of the Act, including underwriters' discount, appraisals, market studies, reserve fund, capitalized interest, bond counsel, special tax consultant, bond and official statement printing, administrative expenses ofEVMWD, the CFD and bond trustee or fiscal agent related to the CFD, and any such debt and all other incidental expenses. The Acquisition Facilities shall be constructed, whether or not acquired in their completed states, pursuant to the Plans and Specifications approved by EVMWD, which will not be unreasonably withheld. The Acquisition Facilities listed in this Exhibit B are representative ofthe types of facilities eligible to be financed by the CFD. Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standards of EVMWD. ...., ...., 4/15/04 9094.1 H&O: #14021 v3 ACENOA rfEM NO. CZ-I ~..,_ PACE :Z'l OF ID /j .lII. ,....... FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT THIS FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT, dated as of April 27, 2004 for identification purposes only, is by and between the City of Lake Elsinore, California (the "City"), acting on behalf of City of Lake Elsinore Community Facilities District No. 2004-1 (City Center) (the "District") and Oak Grove Equities II, a California limited partnership ("Oak Grove Equities"), and Daigle Homes, LLC, a California limited liability company ("Daigle Homes"), (collectively, the "Owner"). RECITALS WHEREAS, the City has undertaken proceedings to form the City of Lake Elsinore Community Facilities District No. 2004-1 (City Center) (the "District"), authorize the levy of special taxes within the District, and authorize the issuance of Bonds secured by such special taxes pursuant to The Mello-Roos Community Facilities Act of 1982 (the "Act") to fund the acquisition and construction of the Public Facilities and related costs. The City will use the proceeds ofthe Bonds to, among other things, finance the Actual Cost of the Public Facilities. WHEREAS, the Public Facilities are within the vicinity of or of benefit to the City, and the City and the Owner will benefit from a coordinated plan of financing, design, engineering and construction ofthe Public Facilities and the development of the land. ~ WHEREAS, the Owner and the City wish to finance the acquisition and construction of the Public Facilities and the payment therefor by entering into this Agreement for the acquisition of the Public Facilities and payment for Discrete Components thereof as shown in Exhibit A hereto (as it may be amended and supplemented) with funds in the Acquisition and Construction Fund. WHEREAS, the City and Elsinore Valley Municipal Water District ("EVMWD") have determined that they will obtain no advantage from undertaking the construction of the Public Facilities, and that the provisions ofthis Agreement require that the Public Facilities constructed by the Owner and completed after formation of the District be constructed as if they had been constructed under the direction and supervision of the Receiving Agency. Notwithstanding the foregoing, upon mutual agreement of the City, the Owner and the Receiving Agency, the City or its designee or Receiving Agency or its designee may construct any of the Public Facilities, financed in whole or in part with funds in the Acquisition and Construction Fund, as set forth in Section 4.6 below. WHEREAS, in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Owner agree that the foregoing recitals, as applicable to each, are true and correct and further make the agreements set forth herein. ~ NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: 4/13/04 9094.1 H&O: #14947 vI AGENDA ITEM NO. -z../ PAGE 8,-5 OF /0/ ~ """" ARTICLE I DEFINITIONS Section 1.1 Definitions. The following terms shall have the meanings ascribed to them in this Section 1.1 for purposes of this Agreement. Unless otherwise indicated, any other terms, capitalized or not, when used herein shall have the meanings ascribed to them in the Fiscal Agent Agreement (as hereinafter defined). "Acceptance Date" means the date the Receiving Agency approves a Payment Request. "Acceptable Title" means title to land or interest therein, in form acceptable to the Receiving Agency, free and clear of all liens, taxes, assessments, leases, easements and encumbrances, whether or not recorded, other than exceptions that do not materially interfere with the actual or intended use of the land or interest therein. "Acquisition and Construction Fund" means the Acquisition and Construction Fund established by a Fiscal Agent Agreement relating to the issuance of a series of the Bonds, from which the Purchase Price of the Public Facilities shall be paid and from which Actual Costs of the Public Facilities may be financed in accordance with the Construction Election. "Act" means The Mello-Roos Community Facilities Act of 1982, being Chapter 2.5 of Part 1 of Division 2 of title 5 (commencing with Section 53311) of the California Government """"" Code. "Actual Cost" means the cost of a Public Facility or a Discrete Component, which cost may include: (i) the actual hard costs for the construction of such Public Facility or Discrete Component, including labor, materials and equipment costs, (ii) the costs incurred in preparing the Plans for such Public Facility or Discrete Component and the related costs of environmental evaluations of the Public Facility or Discrete Component, (iii) the fees paid to governmental agencies for obtaining permits, licenses or other governmental approvals for such Public Facility or Discrete Component, (iv) professional costs associated with such Public Facility or Discrete Component, such as engineering, legal, accounting, inspection, construction staking, materials testing and similar professional services; (v) costs directly related to the construction and/or acquisition of a Public Facility or Discrete Component, such as costs of payment, performance and/or maintenance bonds, and insurance costs (including costs of any title insurance required hereunder); (vi) costs of construction management and supervision equal to five percent (5%) of the amount set forth in (i) above for a Public Facility; (vii) the value of any real property or interests therein ("Real Estate") that (1) are required for the development of any Public Facility such as temporary construction easements, haul roads, etc., and (2) are required to be conveyed with the Public Facility, in an amount equal to the actual cost of the Real Estate purchased from an independent third party. Actual Cost shall not include any internal or overhead costs of Owner other than the amount for construction management and supervision set forth in (vi) above, if Owner is providing such services. ....., 2 ~I AGENDA ITEM NO. PACE ~ OF }oj 4/13/04 9094.1 H&O: #14947 vI ,.... "Affiliate" means any entity owned, controlled or under common ownership or control by or with, as applicable, the Owner and includes all general partners of any entity which is a partnership. Control shall mean ownership of more than fifty percent (50%) of the voting power of or ownership interest in the respective entity. "Agreement" means this Funding, Construction and Acquisition Agreement, together with any Supplement hereto. "Bonds" means the bonds, notes or other indebtedness of the District issued to generate proceeds for the Acquisition and Construction Fund. "City" means the City of Lake Elsinore, California. "Construction Election" shall have the meaning set forth in Section 3.6 below. "County" means the County of Riverside, California. "Developed Property" shall have the meaning ascribed to it in the Rate and Method. "Director" means the Director of Community Development of the City, or his or her designee acting as such under this Agreement. "Discrete Component" means (i) a component of a Public Facility that the City and the ,-.., Receiving Agencies have agreed can be separately identified, inspected and completed, and can be the subject of a Payment Request hereunder, and (ii) categories of costs relating to each Public Facility as described in Exhibit A hereto. "District" means City of Lake Elsinore Community Facilities District No. 2004-1 (City Center), a community facilities district organized and existing under the laws of the State of California. "District Representative" means the City Manager or his designee. "EVMWD Facilities" means water and sewer improvements to be owned, operated or maintained by Elsinore V alley Municipal Water District. "EVMWD JCF A" means that certain Joint Community Facilities Agreement by and among City, Elsinore Valley Municipal Water District and Owner dated as of April 22, 2004, as it may be amended. "Fees" means City development impact fees, environmental mitigation fees or other capital improvement fees or charges imposed by the District or Elsinore Valley Municipal Water District on development within the District. "Fiscal Agent" means the fiscal agent identified in a Fiscal Agent Agreement, or any successor thereto acting as fiscal agent under the Fiscal Agent Agreement. ,-.., 4/] 3/04 9094.] H&O: #]4947 v] 3 ACENDA ITEM NO. PAGE ;).,7 2-1 OF /01 "Fiscal Agent Agreement" means a fiscal agent agreement between the City and the Fiscal Agent, providing for, among other matters, the issuance of the Bonds and the """ establishment of an Acquisition and Construction Fund, as it may be amended or supplemented from time to time. "hnprovement Agreement" shall have the meaning set forth in Section 2.3 below. "Owner" means Oak Grove Equities II, a California limited partnership, and Daigle Homes, LLC, a California limited liability company, and their successors and assigns. "Party" means either the City or the Owner; "Parties" mean the Owner and the City. "Payment Request" means a document, substantially in the form of Exhibit B-1 hereto, to be used in requesting a payment of a Purchase Price, and a document, substantially in the form of Exhibit B-2 hereto, to be used in requesting payment of Fees. "Plans" means the plans, specifications, schedules and related construction contracts for the Public Facilities and/or any Discrete Components thereof approved pursuant to applicable standards of the applicable Receiving Agency. As of the date of this Agreement, the City standards for construction are incorporated in the City of Lake Elsinore Standard Plan and are supplemented from time to time by standards set forth in the Green Book, CAL TRANS Standard Plan and Specification, Standard Specifications for Public Works Construction (SSPWC), of the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California. """ "Public Facility" or "Public Facilities" means one or more of the public facilities described in Exhibit A hereto, as it may be amended or supplemented, which are eligible to be financed out of the Acquisition and Construction Fund. "Purchase Price" means the amount paid by the District for a Public Facility and/or any Discrete Components thereof in an amount equal to the Actual Cost of such Public Facility or Discrete Component. "Rate and Method" means the rate and method of apportionment of special taxes approved for the District. "Receiving Agency" means the City or other governmental entity that will own, operate and maintain a Public Facility when completed and acquired. "Supplement" means a written document amending, supplementing or otherwise modifying this Agreement and any exhibit hereto, including any amendments to the list of Public Facilities and Discrete Components in Exhibit A, and/or the addition to Exhibit A of additional Public Facilities (and Discrete Components) to be financed with the proceeds of the Bonds deposited in the Acquisition and Construction Fund. ....." 4/13/04 9094.] H&O: #]4947 v] 4 AGENDA ITEM NO. L I PAGE ~~ OF /0/ ,,-.. ARTICLE II FUNDING ~ Section 2.1 Proceedings. The City shall conduct all necessary proceedings under the Act for the issuance, sale and delivery of each series of Bonds. Bonds may not be issued unless and until the City receives an executed notice from Owner requesting such issuance. Upon City's receipt of such issuance notice, the Owner and the City staff will meet regarding the amount, timing and other material aspects of each series of the Bonds, but the legal proceedings and the series, principal amounts, rates, terms and conditions and timing of the sale of the Bonds shall in all respects be solely determined by the City Council ofthe City, acting as the governing body of the District. Subject to the foregoing discretion of the governing body of the District, the District may issue one or more series of Bonds with a term of not less than 30 years in coordination with Owner's timing of development within the District and subject to sound municipal finance practices and then current industry standards. The District agrees that each series of Bonds shall be sized, to the extent reasonably allowable based on debt service coverage of not more than 110% (based upon the aggregate assigned special taxes authorized to be levied upon buildout ofthe District in accordance with the Rate and Method) and a "va1ue-to-lien" ratio of 3: 1. For purposes of determining the value-to-lien ratio, the value of the District shall include the value of the Public Facilities and Fees to be financed with the proceeds of the Bonds and not included in an escrow fund or account and the lien shall not include the portion of the Bonds included in an escrow fund or account established in connection with the issuance of the Bonds. The District agrees that an escrow structure may be used at the Owner's request in order to comply with the 3:1 value-to-lien ratio requirement. Upon the City Manager's request, Owner shall deposit funds with the City to pay for reasonable costs to be incurred by the City related to the issuance of such Bonds including, without limitation, appraisal, market absorption study, special tax consultant, bond and issuer's counsel, and City attorney and staff costs. Any funds deposited by Owner and expended by City shall be subject to reimbursement solely out of the proceeds of the applicable Bonds. Any unexpended funds deposited by Owner with the City pursuant to this Section 2.1 and remaining on deposit with the City following the issuance of the applicable series of Bonds or the abandonment of efforts to issue such Bonds shall be returned to Owner. Section 2.2 Bond Proceeds and Special Taxes. The City shall not be obligated to pay the Purchase Price of the Public Facilities or any Discrete Components thereof and Fees except from amounts on deposit in the Acquisition and Construction Fund. The City makes no warranty, express or implied, that the proceeds of the Bonds deposited and held in the Acquisition and Construction Fund, and any investment earnings thereon, will be sufficient to pay the Purchase Price of all of the Public Facilities and Fees. The City agrees that special taxes shall be levied on property in the District, in accordance with the Rate and Method of Apportionment to pay directly for Public Facilities and Fees if Bonds have not previously been issued secured by such special taxes. Such special taxes levied and collected by the City and any prepayment of special taxes collected prior to the issuance of Bonds shall be held by the City and disbursed to pay the Purchase Price of Public Facilities and Fees and, upon the issuance of Bonds, such special taxes still held by the City shall be deposited in the Acquisition and Construction Fund. ~. 4/13/04 9094.1 H&O: #14947 vI 5 AGENDA ITEM NO. 2. I PAGE C).., 1 OF /0 I Section 2.3 Proceeds. The proceeds of each series of Bonds shall be deposited, held, invested, reinvested and disbursed as provided in the Fiscal Agent Agreement. A portion of the ~ proceeds of the Bonds will be set aside in the Acquisition and Construction Fund. Moneys in the Acquisition and Construction Fund shall be deposited, held, invested, reinvested and disbursed therefrom in accordance with the provisions of the Fiscal Agent Agreement and the applicable provisions hereof for payment of all or a portion of the Purchase Price of the Public Facilities and Fees (including payment of the Purchase Price of Discrete Components thereof), all as herein provided. The Acquisition and Construction Fund may include two accounts - a "City Facilities Account" and an "EVMWD Facilities Account." Upon the issuance of each series of Bonds, proceeds available to be deposited in the Acquisition and Construction Fund shall be initially allocated to the City Facilities Account and EVMWD Facilities Account, as set forth in a written request from Owner. Unless otherwise requested in writing by Owner prior to issuance of each series of Bonds, earnings on amounts in each Account of the Acquisition and Construction Fund shall be retained in the Account and available to pay the Purchase Price of Public Facilities and Fees until either (i) all Public Facilities and Fees have been financed, as evidenced by a certificate provided by Owner, or (ii) Owner provides a certificate to the District indicating that the funds on deposit in the Account are sufficient to finance the remaining Public Facilities and Fees for which Owner expects to submit a Payment Request, at which time any earnings shall be transferred to pay debt service on the Bonds. Unless otherwise requested by Owner prior to issuance of each series of Bonds, earnings on amounts in the reserve fund(s) for the Bonds in excess of the applicable reserve requirement or otherwise required to pay debt service on the Bonds shall, prior to receipt of either certificate described in the preceding sentence, be deposited in the Acquisition and Construction Fund, and after receipt of either certificate described in the preceding sentence, be deposited in the fund established by the Fiscal ~ Agent Agreement for payment of debt service on the Bonds. The District agrees to include capitalized interest for twelve (12) months and up to twenty-four (24) months in each series of Bonds, as mutually agreed by the District and Owner prior to issuance of each series. The Owner acknowledges that any lack of availability of amounts in the Acquisition and Construction Fund to pay the Purchase Price of the Public Facilities or any Discrete Components thereof and Fees shall in no way diminish any obligation of the Owner with respect to the construction of or contributions for public facilities and mitigation measures required in connection with the Project by any development or other agreement to which the Owner is a party, or any governmental approval to which the Owner is subject (collectively, the "Improvement Agreements"). Section 2.4 Continuing Disclosure Agreement. The Owner agrees to provide to the City, and to require each transferee or assignee to provide to the City all information regarding the development within the District, including the financing plan for such development, which is necessary to ensure that the City complies with its continuing disclosure obligations under the Fiscal Agent Agreement and all other applicable federal and state securities laws. .....", 4/13/04 9094.1 H&O: #14947 vI 6 AGENDA ITEM NO. '2.. I PACE 30 OF 1t7/ - J ,....... ARTICLE III CONSTRUCTION OF PUBLIC FACILITIES Section 3.1 Plans. To the extent and at the time required by the Improvement Agreements, the Owner shall cause Plans to be prepared for the Public Facilities. The Owner shall obtain the written approval of the Plans in accordance with applicable ordinances and regulations of the applicable Receiving Agencies. Section 3.2 Construction. This Agreement shall not expand, limit or otherwise affect any obligation of the Owner under any Improvement Agreements. All Public Facilities shall be constructed in accordance with the Improvement Agreements and the approved Plans. Section 3.3 Relationship to Public Works. This Agreement is for the acquisition of the Public Facilities and payment for Discrete Components thereof by the Receiving Agency from moneys in the Acquisition and Construction Fund and is not intended to be a public works contract. The City and the Owner agree that the Owner shall award all contracts for the construction of the Public Facilities and the Discrete Components thereof to be constructed by the Owner, and that this Agreement is necessary to assure the timely and satisfactory completion of such Public Facilities and the Discrete Components thereof. ,....... From time to time at the request of the District Representative or the Owner, the Owner and the District Representative shall meet and confer regarding matters arising hereunder with respect to the Public Facilities, Discrete Components and the progress in constructing and acquiring the same, and as to any other matter related to the Public Facilities or this Agreement. Section 3.4 Contractor. In performing this Agreement, the Owner is an independent contractor and not an agent or employee of the City. The City shall not be responsible for making any payments to any contractor, subcontractor, agent, consultant, employee or supplier of the Owner. Section 3.5 Contracts and Change Orders. The Owner shall be responsible for entering into all contracts and any supplemental agreements (commonly referred to as "change orders") required for the construction of the Public Facilities to be constructed by the Owner, and all such contracts and supplemental agreements shall be submitted to the Director. Section 3.6 Construction Election. The Owner and City, or the Owner and a Receiving Agency, may mutually elect (the "Construction Election") to cause any or all of the Public Facilities or a Discrete Component thereof to be constructed by the City or Receiving Agency, if applicable, and financed out of the Acquisition and Construction Fund in accordance with the terms and conditions described in this Section 3.6 and the Improvement Agreements and subject to the availability of sufficient funds, including the proceeds of the Bonds. If the Owner and City, or the Owner and a Receiving Agency, make the Construction Election with respect to a Public Facility, the Owner shall transfer Acceptable Title to the land or right-of-ways then owned by the Owner on and over such real property on which the Public Facility is to be constructed. ,....... 4/13/04 9094.] H&O: #]4947 v] 7 ACENDA ITEM NO. 2- / PACE 3 I OF /01 - Upon completion of a Public Facility or Discrete Component thereof for which a Construction Election has been made, payment shall be made pursuant to Section 4.4 below for '-"" any Actual Costs thereof incurred by the Owner prior to the Construction Election. ARTICLE IV ACQUISITION AND PAYMENT Section 4.1 Inspection. No payment hereunder shall be made by the City to the Owner for a Public Facility or Discrete Component thereof to be owned, operated or maintained by the City until the Public Facility or Discrete Component thereof, if applicable, has been inspected by the City. Unless otherwise provided in a Supplement, the City shall make or cause to be made regular on-going site inspections of the Public Facilities to be acquired hereunder. For Public Facilities to be acquired by other public entities or utilities, the Owner shall be responsible for obtaining such inspections and providing written evidence thereof to the Director. Section 4.2 Agreement to Sell and Purchase Public Facilities. The Owner hereby agrees to sell to the City, and the City hereby agrees to purchase from the Owner, the Public Facilities, including the Discrete Components thereof, constructed by the Owner for their respective Purchase Prices, subject to the terms and conditions hereof. The City shall not be obligated to purchase any Public Facility until the Public Facility is completed and the Acceptance Date for such Public Facility has occurred; provided that the City has agreed hereunder to make payments to the Owner for Discrete Components of Public Facilities prior to the Acceptance Date. The Owner acknowledges that the Discrete Components have been identified for payment purposes only, and that the City shall not accept a Public Facility of which a Discrete Component is a part until the entire Public Facility has been completed. The City acknowledges that the Discrete Components do not have to be accepted by the Receiving Agency as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until the Discrete Component has been completed in accordance with the Plans therefor. '""""" Section 4.3 Requests. In order to receive the Purchase Price for a completed Public Facility or Discrete Component, inspection thereof under Section 4.1, if applicable, shall have been made and the Owner shall deliver to the District Representative and the Director: (i) a Payment Request in the form of Exhibit B-1 hereto for such Public Facility or Discrete Component, and (ii) if payment is requested for a completed Public Facility, (a) if the property on which the Public Facility is located is not owned by the Receiving Agency at the time of the request, a copy of the recorded documents conveying to the Receiving Agency Acceptable Title to the real property on, in or over which such Public Facility is located, as described in Section 6.1 hereof, (b) a copy of the recorded notice of completion of such Public Facility (if applicable), and (c) an assignment of the warranties and guaranties for such Public Facility, as described in Section 5.5 hereof. Section 4.4 Payment Requests. Upon receipt of a Payment Request (and all accompanying documentation), the Director shall conduct a review in order to confirm that such request is complete, that such Discrete Component or Public Facility identified therein was constructed substantially in accordance with the Plans therefor, and to verify and approve the "'" 4/13/04 9094.1 H&O: #14947 vI 8 ACENDA ITEM NO. 2-) PAGE ,5;;L OF /0/ - J ,.,.-.. Actual Cost of such Discrete Component or Public Facility specified in such Payment Request. The Director shall conduct each such review in an expeditious manner and the Owner agrees to reasonably cooperate with the Director in conducting each such review and to provide the Director with such additional information and documentation as is reasonably necessary for the Director to conclude each such review. For any Public Facilities to be acquired by another Receiving Agency, the Owner shall provide evidence acceptable to the Receiving Agency that such Public Facilities are acceptable to such Receiving Agency. Within ten (10) business days of receipt of any Payment Request, the Director shall notify the Owner whether such Payment Request is complete, and, if not, what additional documentation must be provided. If such Payment Request is complete, the Director will provide a written approval or denial of the request within thirty (30) days of its submittal. If the Director disapproves any Payment Request, it shall provide written notice of disapproval to the Owner within such thirty (30) day period stating in reasonable detail the reasons for such disapproval and the changes to the Payment Request necessary to obtain the Director's approval. The Director's review of any Payment Request shall be made on a Public Facility and/or Discrete Component basis such that the Director shall approve for payment any Public Facilities and/or Discrete Components covered by a Payment Request that comply with the requirements of this Agreement even if the Director disapproves other Public Facilities and Discrete Components included as part of the same Payment Request. If the Director disputes the Actual Cost of any Public Facility or Discrete Component covered by the Payment Request, the Director shall approve for payment an amount equal to the Actual Cost thereof the Director determines is appropriate (which shall not be less than the amounts of contracts and change orders previously approved by the Director) ~ and shall deliver notice of disapproval of the remaining amount. If the Director disapproves any revised Payment Request, the Director will provide a written notice of approval or denial to the Owner within ten (10) business days after receipt of the revised Payment Request, which notice shall describe in reasonable detail the reason for the denial, if applicable. The Director shall only be entitled to withhold approval for payment of a Discrete Component (other than the final Discrete Component of any Public Facility) to be owned by the City that is the subject of a Payment Request if (i) the Owner has not provided conditional lien releases for labor and materials provided in connection with such Discrete Components (provided that this basis for disapproval shall not apply if the Owner has provided payment bonds to the City in connection with the Improvement Agreements or has provided bonds protecting the City from mechanics' liens by parties that have not provided lien releases in a form satisfactory to the Director), (ii) the Discrete Component has not been constructed substantially in accordance with the Plans, (iii) the Director disputes the Actual Cost of any Public Facility or Discrete Component stated in the Payment Request or (iv) the Owner is delinquent in paying its special taxes. ,.,.-.. The Director shall only be entitled to withhold approval for payment of any Public Facility to be owned by the City (or the final Discrete Component of any such Public Facility) if (i) a notice of completion executed in the form described in California Civil Code Section 3093 has not been recorded for the Public Facility and final conditional lien releases for labor and materials provided in connection with such Public Facilities have not been submitted to the Director (provided that this requirement shall not apply if the Owner has provided to the City a payment bond in connection with the Improvement Agreements or provides a bond protecting the City from mechanics' liens made by parties that have not provided such lien releases in a 4/13/04 9094.1 H&O: #14947 vI 9 AGENDA ITEM NO. PAGE ;,~ ~/ OF /01 form acceptable to the Director), (ii) the Public Facility has not been constructed substantially in accordance with the Plans, (iii) the Director disputes the Actual Cost of any Public Facility or ....., Discrete Component stated in the Payment Request or (iv) the Owner is delinquent in paying its special taxes. The City shall only be entitled to withhold payment for any Public Facilities to be owned by "a Receiving Agency other than the City if the Owner does not provide the Director with evidence that the Receiving Agency has approved the Payment Request in accordance with the EVMWD JCF A. Nothing in this Agreement shall be deemed to prohibit the Owner from contesting in good faith the validity or amount of any mechanics' or materialman's lien nor limit the remedies available to the Owner with respect thereto so long as such delay in performance shall not subject the Public Facilities or any Discrete Portion thereof to foreclosure, forfeiture or sale. In the event that any such lien is contested, the Owner shall only be required to post or cause the delivery of a bond in an amount equal to the amount in dispute with respect to any such contested lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable to the Director. Section 4.5 Payment. Upon approval of the Payment Request (or any portion thereof) by the Director, the Director shall sign the Payment Request and forward the same to the District Representative. Upon receipt of the approved Payment Request, the District Representative shall, within five (5) business days of receipt of the approved Payment Request, cause the same to be paid, to the extent of funds then on deposit in the Acquisition and Construction Fund. Any approved Payment Request not paid due to an insufficiency of funds in the Acquisition and Construction Fund shall be paid promptly following the deposit into the Acquisition and Construction Fund of additional proceeds of the Bonds, earnings on the Acquisition and Construction Fund or other funds transferred pursuant to the Fiscal Agent Agreement. ~ The Purchase Price paid hereunder for any Public Facility or Discrete Component shall constitute payment in full for such Public Facility or Discrete Component, including, without limitation, payment for all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of such Public Facility or Discrete Component, as specified in the Plans. Section 4.6 Restrictions on Payments. Notwithstanding any other provisions of this Agreement, the following restrictions shall apply to any payments made to the Owner under Sections 4.2 and 4.5 hereof: A. Amounts of Payments. Payments for each Discrete Component or Public Facility will be made only in the amount of the Purchase Price for the respective Discrete Component or Public Facility. The City agrees that the Actual Cost of a Discrete Component or Public Facility may fluctuate from the budgeted amounts. The City agrees that the Owner has the latitude to increase or decrease the reimbursement of a Discrete Component or Public Facility, as Actual Costs are determined. In no case will the total Purchase Price paid exceed the total amount of funds available in the Acquisition and Construction Fund. ....., 4/13/04 9094.1 H&O: #14947 vI 10 AGENDA ITEM NO. L / PACE 3'1 _OF /0/ - ,..... Nothing herein shall require the City in any event (i) to pay more than the Actual Cost of a Public Facility or Discrete Component; or (ii) to make any payment beyond the available funds in the Acquisition and Construction Fund for such Public Facilities or Discrete Components. The parties hereto acknowledge and agree that all payments to the Owner for the Purchase Prices of Facilities or Discrete Components are intended to be reimbursed to the Owner for services provided or costs incurred by the Owner or moneys already expended or incurred by the Owner to third parties in respect of such Public Facilities and/or Discrete Components. B. Frequency. Unless otherwise agreed to by the Director, no more than one Payment Request shall be submitted in any calendar month although a Payment Request may relate to more than one Public Facility or Discrete Component. Section 4.7 Defective or Nonconforming Work. If any of the work done or materials furnished for a Public Facility or Discrete Component are found by the Director to be defective or not in substantial accordance with the applicable Plans: (i) if such finding is made prior to payment for the Purchase Price of such Public Facility or Discrete Component hereunder, the Director may withhold payment therefor until such defect or nonconformance is corrected, or (ii) if such finding is made after payment of the Purchase Price of such Public Facility or Discrete Component, the Receiving Agency and the Owner shall act in accordance with the applicable Improvement Agreement, if any. /"""' Section 4.8 Modification of Discrete Components. Upon written request of the Owner, the Director shall consider modification of the description of any Discrete Component. Any such modification shall be subject to the written approval of the Director, which approval the Director may withhold in his sole discretion, and shall not diminish the overall Public Facilities to be provided pursuant to the Improvement Agreements. Section 4.9 Funding of Fee Facilities. The City may requisition from the City Facilities Account, in the manner specified in the Fiscal Agent Agreement and this Agreement, an amount which is sufficient to pay all or a portion of the Fees which are then estimated to be due and payable by Owner or its successors and assigns upon receipt of a Payment Request in the form attached hereto as Exhibit B-2. The City shall provide a credit against the applicable Fees to Owner or its successors and assigns equal to the amount of the moneys disbursed pursuant to the Payment Request. In the event Owner is required to pay Fees to the City prior to the issuance and sale of the Bonds, Owner or its successors and assigns shall deposit with the City the balance due in immediately available funds (a "Deposit") and such Deposit shall be reimbursed to Owner when funds subsequently deposited in the City Facilities Account are disbursed to the City in an equal amount for the payment of such Fees. In the event Bonds are not issued within six (6) months of the date of any such Deposit, such Deposit may at the written direction of the Director be applied to pay Fees and shall no longer be reflected as a Deposit on the accounts of the City. Some of the Public Facilities anticipated to be constructed are included in City development impact fee or other financing programs. Owner shall be entitled to full credit against all applicable Fees based upon Owner's construction of such Public Facilities whether or ,..... not the Purchase Price of such Public Facilities is funded out ofthe Acquisition and Construction Fund. 4/13/04 9094.1 H&O: #14947 vI 11 AGENDA ITEM NO. PACE 3 S 2-/ OF /0/ EVMWD Charges and Advances (as defined in the EVMWD JCFA) may be financed with the disbursement of funds from the EVMWD Facilities Account in accordance with the ......, EVMWD JCF A upon City's receipt of a Payment Request in the form attached hereto as Exhibit B-2. ARTICLE V OWNERSHIP AND TRANSFER OF PUBLIC FACILITIES Section 5.1 Conveyance of Land and Easements for Receiving Agency. Acceptable Title to all property on, in or over which each Public Facility to be acquired by the Receiving Agency will be located, shall be conveyed to the Receiving Agency by way of grant deed, quitclaim, or dedication of such property, or easement thereon, in accordance with the applicable Improvement Agreement, if any. The Owner agrees to assist the Receiving Agency in obtaining such documents as are required to obtain Acceptable Title with respect to these Public Facilities funded pursuant to this Agreement. Completion of the transfer of title to land shall be accomplished prior to the payment of the Purchase Price for a Public Facility (or the last Discrete Component thereof) and shall be evidenced by recordation of the acceptance thereof by the Receiving Agency. Section 5.2 Evidence and Insurance. Within fifteen (15) calendar days following the request of the City, the Owner shall furnish to the City a preliminary title report for such land not previously dedicated or otherwise conveyed to the City, for review and approval prior to the transfer of Acceptable Title to a Public Facility to the City. Within ten (10) calendar days, the Director shall approve the preliminary title report unless it reveals a matter which, in the judgment of the Director, could materially affect the City's use of any part of the property or easement covered by the preliminary title report for the purpose for which such property or easement is being conveyed. In the event the Director does not approve the preliminary title report, the City shall not be obligated to accept title to such Public Facility or pay the Purchase Price for such Public Facility (or the last Discrete Component thereof) until such objections to title have been cured to the satisfaction of the Director. The failure of the Director to provide written approval to the Owner shall be deemed to be a disapproval. ~. Section 5.3 Facilities Constructed on Private Lands. If any Public Facilities to be acquired are located on privately-owned land, the owner thereof shall retain title to the land and the completed Public Facilities until acquisition of the Public Facilities under Article V hereof. Pending the completion of such transfer and where the Owner has received any payment for any such Public Facility or a Discrete Component thereof, the Owner shall be responsible for maintaining the land and any Public Facilities or Discrete Components in good and safe condition. Notwithstanding the foregoing, subject to the terms of the applicable Improvement Agreement, upon written request of the Receiving Agency before payment for any Discrete Component of such a Public Facility, the Owner shall conveyor cause to be conveyed Acceptable Title thereto in the manner described in Section 5.1 hereof. Section 5.4 Facilities Constructed on City Land. If the Public Facilities to be acquired are on land owned by the City, the City hereby grants to the Owner a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of ......, 4/13/04 9094.1 H&O: #14947 vI 12 ACENDA ITEM NO. PAGE 30 7-1 OF }tJ I ,-.. the Public Facilities. The provisions for inspection and acceptance of such Public Facilities otherwise provided herein shall apply. Section 5.5 Maintenance and Warranties. The Owner shall maintain each Discrete Component of any Public Facility constructed by the Owner in good and safe condition until the Acceptance Date of the Public Facility of which such Discrete Component is a part. Prior to the Acceptance Date, the Owner shall be responsible for performing any required maintenance on any completed Discrete Component or Public Facility constructed by the Owner. On or before the Acceptance Date of the Public Facility, the Owner shall assign to the Receiving Agency, to the extent assignable, all of Owner's rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to such Public Facility. The Owner shall maintain or cause to be maintained each Public Facility constructed by the Owner for such period and for such purpose, all in accordance with the applicable Improvement Agreement. After the Acceptance Date, the Owner shall not be responsible for maintaining such Public Facility. Any warranties, guarantees or other evidences of contingent obligations of third parties with respect to the Public Facilities to be acquired by the City shall be delivered to the Director as part of the transfer of title. ARTICLE VI INSURANCE - Section 6.1 Requirements. The Owner shall, at all times prior to the final Acceptance Date of all Public Facilities, maintain, deliver to the City evidence of and keep in full force and effect, or cause to be maintained, delivered to the City evidence of and kept in full force and effect, the insurance policies required pursuant to the Improvement Agreements. All of the Owner's insurance policies shall contain an endorsement providing that written notice shall be given to the City at least 30 calendar days prior to termination, cancellation, or reduction of coverage in the policy and an endorsement extending coverage to the City and its agents as an additional insured, in the same manner as the named insured as respects liabilities arising out of the performance of any work related to the Public Facilities. Such insurance shall be primary insurance as respects the interest of the City, and any other insurance maintained by the City shall be excess and not contributing insurance with the insurance required hereunder. The foregoing requirements as to the insurance coverage to be maintained by the Owner are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Owner under this Agreement. Section 6.2 Evidence of Insurance. The Owner shall furnish to the City, from time to time upon request, a certificate of insurance regarding each insurance policy required to be maintained by the Owner hereunder. .,- 4/13/04 9094.1 H&O: #14947 vI 13 AGENDA ITEM NO. PAGE 3 7 ~I OF 10/ ARTICLE VII "-' REPRESENTATIONS, WARRANTIES AND COVENANTS Section 7.1 Covenants and Warranties of the Owner. The Owner represents and warrants for the benefit of the City as follows: A. Organization. Oak Grove Equities is a California limited partnership and Daigle Homes is a California limited liability company. Each is in compliance with the laws of the State of California. Oak Grove Equities has the limited partnership power and authority and Daigle Homes has the limited liability company power and authority to own its property and assets and to carry on its business as now being conducted and as now contemplated. B. Authority. The Owner has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered by the Owner. C. Binding Obligation. This Agreement is a legal, valid and binding obligation of the Owner, enforceable against the Owner in accordance with its terms. D. Financial Records. Until one year after the final acceptance of all the Public Facilities, the Owner covenants to maintain proper books of record and account for the construction of the Public Facilities and all costs related thereto. Such accounting books shall be maintained in accordance with generally accepted accounting principles, and shall be available for inspection by the City or its agent at any reasonable time during regular business hours on "-' reasonable notice. E. Plans. The Owner represents that it has obtained or will obtain approval of the Plans for the Public Facilities constructed by the Owner from all appropriate departments of the City and from any other public entity or public utility Receiving Agency from which such approval must be obtained. The Owner further agrees that the Public Facilities constructed by the Owner have been or will be constructed in compliance with such approved Plans and any supplemental agreements (change orders) thereto, as approved in the same manner. Section 7.2 Indemnification and Hold Harmless. The Owner shall assume the defense of, indemnify, and hold harmless the City, its officers, directors, employees and agents and each of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from the Owner's non-payment under contracts between the Owner and its consultants, engineers, advisors, contractors, subcontractors and suppliers in the provision ofthe Public Facilities, or any claims of persons employed by the Owner or its agents to construct the Public Facilities. Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss or expense directly attributable to the intentional acts or gross negligence of the City, or its officers, directors, employees or agents hereunder or otherwise with respect to the Public Facilities or payment therefor. '-" 4/13/04 9094.1 H&O: #14947 vI 14 ACENDA ITEM NO. 2- J PAOE "3"? OF Itq/ ,..... No provision of this Agreement shall in any way limit the Owner's responsibility for payment of damages resulting from the operations of the Owner and its agents, employees or contractors. ARTICLE VIII DEFAULT AND REMEDIES Section 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. Section 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. '" Section 8.3 Acceptance of Service of Process. In the event that any legal action is commenced by Owner against City, service of process on 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 City against Owner, service of process on Owner shall be made in such manner as may be provided by law. Section 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. Section 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. Section 8.6 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. ,..... Section 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 4/13/04 9094.1 H&O: #14947 vI 15 AGENDA ITEM NO. PAGE 3 CJ 2/ OF J 01 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. ARTICLE IX GENERAL Section 9.1 Mutual Consent. This Agreement may be terminated by the mutual written consent of the City and the Owner, and all or any portion of the moneys in the Acquisition and Construction Fund may be used to pay for same, and the Owner 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. Section 9.2 Audit. The City shall have the right, during normal business hours and upon the giving of five (5) business days' prior written notice to the Owner, to review all books and records of the Owner pertaining to costs and expenses incurred by the Owner in relation to any of the Public Facilities, and any bids taken or received for the construction thereof or materials therefor. Section 9.3 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 City: City of Lake Elsinore Attn: City Manager 130 S. Main Street Lake Elsinore, CA 92530 FAX No. (909) 674-2392 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 '-" 4/13/04 9094.1 H&O: #14947 vI 16 AGENDA ITEM NO. PAGE 1/0 2-/ OF )01 ,,-... If to Owner: c/o Oak Grove Equities Attn: Craig X. Schleuniger 28991 Front Street, Suite 207 Temecula, CA 92590 FAX No. (909) 699-2954 ,,-.. Section 9.4 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. The Owner may assign its rights pursuant to this Agreement to a purchaser (an "Assignee") of a portion or portions of the property which is/are located within the District (the "Property"). The Owner may assign to the Assignee the responsibility for the construction of all or a portion of the Public Facilities which remain to be constructed and the right to receive payment of the Purchase Price for Public Facilities and Discrete Components thereof previously completed by the Owner. The Owner and Assignee shall provide to City such reasonable proof as it may require that such Assignee is the purchaser of such property within the District. Such Assignee shall, as a condition to receiving payment of a Purchase Price, enter into an assignment and assumption agreement with the City and the Owner, in the form attached hereto as Exhibit C, whereby such Assignee agrees, except as may be otherwise specifically provided therein, to assume the obligations of the Owner pursuant to this Agreement with respect to such Public Facilities and to be bound thereby. In addition, Owner may assign to an Assignee, without the City's consent or the Assignee's execution of an assignment and assumption agreement, the rights and obligations under this Agreement relating to the funding of Fees, provided Owner gives City written notice of the identity of the Assignee, the specific fees covered by the assignment and the property to be owned by such Assignee. Section 9.5 Relatiouship Between City and Owner. It is hereby acknowledged by Owner that the relationship between City and Owner is not that of a partnership or joint venture and that City and Owner shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Project. Owner agrees to indemnify, hold harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint venture between City and Owner with respect to the development, operation, maintenance or management of the Site or the property within the District. Section 9.6 No Third Party Rights. The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein. Section 9.7 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. ,,-.. Section 9.8 Other Agreements. 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 4/13/04 9094.1 H&O: #14947 vI 17 AGENDA ITEM NO. PAGE 'i I 2-1 OF /01 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. Section 9.9 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. Section 9.10 Interpretation. As used in this 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 Agreement shall be interpreted as though prepared jointly by both Parties. Section 9.11 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. Section 9.12 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. ....", Section 9.13 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. Section 9.14 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. Section 9.15 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, ....", 4/13/04 9094.1 H&O: #14947 vI 18 AGENDA ITEM NO. ?-I PAGEl/~ OF 101 ~ employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. Section 9.16 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. Section 9.17 Conflicts of Interest. No member, official or employee of 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. Section 9.18 Non-Liability of Officials and Employees of City. No member, official or employee of City shall be personally liable to Owner, or any successor in interest, in the event of any Default or breach by City or for any amount which may become due to Owner or its successors, or on any obligations under the terms of this Agreement. Owner hereby waives and releases any claim it may have against the members, officials or employees of City with respect to any Default or breach by City or for any amount which may become due to Owner or its successors, or on any obligations under the terms of this Agreement. Owner makes such release with full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this 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 if known by him must have materially affected his settlement with the debtor." 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 ATTEST: VICKI KASAD, CITY CLERK -"""'" By: City Clerk 4/13/04 9094.1 H&O: #14947 vI 19 AOENDA ITEM NO. ""2/ PACE l/. .? OF /0/ APPROVED AS TO FORM: V AN BLARCOM, LEIBOLD, McCLENDON & MANN, P.e. City Attorney By: Barbara Leibold Dated: ,2004 4/13/04 9094.1 H&O: #14947 vI ...."" "OWNER" OAK GROVE EQUITIES II, a California limited partnership By: Craig X. Schleuniger, General Partner DAIGLE HOMES LLC, a California limited liability company By: By: 20 ~ Craig X. Schleuniger, Member Glen Daigle, Member '-'" ACENDA ITEM NO. L I PAGE 1/'1 OF J bl ~ EXHIBIT A J ELIGIBLE PUBLIC FACILITIES LIST Agency/Public Facility City of Lake Elsinore Widening of Grape Street along project frontage (including dry utilities and storm drain facilities within right-of-way) "A" Street from Grape Street along Phase 2 (including dry utilities and storm drain facilities within right-of-way) City capital improvement or development impact fees, including, without limitation, library fee, traffic impact fee, TUMF fee, Railroad Canyon Road benefit reimbursement district fee, fire facilities fee, MSCHP fee Elsinore Valley Municipal Water District Water and sewer transmission lines and associated facilities within Grape Street Water and sewer transmission lines and associated facilities within "A" Street ,........ Water capacity and connection charges Sewer capacity and connection charges Estimated Cost $ $ $1,412,352 $ $ $452,448 $504,000 The following cost categories are eligible for reimbursement/acquisition as Discrete Components of a Public Facility. 1. Improvements Plan Design and Approval including, without limitation: Grading Plans Alignment Studies/Analysis Environmental Analysis Typographic Mapping/Surveying Legal Description Improvements Plans Wet & Dry Utility Plans Landscape & Irrigation Plans Engineering & Professional Design Fees Plan Check fees/Inspection Fees Geotechnical Reports/Inspection/Testing Traffic Engineering Reports/Design Real Estate Acquisition or Dedication including, without limitation: Professional Fees Survey Plats 2. ,........ 4/13/04 9094.1 H&O: #14947 vI A-I AGENDA ITEM NO. PACE if ') 2/ OF 10/ J - 3. Easement Acquisition Costs Escrow Fees Condemnation Expenses including Severance Damages Title and Recording Fees Appraisals/Legal Fees Rough Grading (For rough grading encompassing both private tract areas and public street improvements, the reimbursable portion for the public street improvements will be calculated using a 1: 1 slope prism from the edge of the public Right-of- Way.) This cost category item includes, without limitation: '-'" Wet and Dry Utility Trenching Street Undercut Earthwork Import/Export Clear and Grub Move on/Move off Rip Rap & Rock Slope Protection Utility Relocation/Conversion Brow Ditch Terrace Drain Alluvium Removal/Recornpaction Buttress & Stabilization Drill & Shoot Blasting Insurance Wall & Trench Backfill Rock Crushing/Removal Remedial Grading Rock Facing Treatment Construction Water Over-excavation Concrete Cutting Pavement Demo and Disposal Special Handling/Rock Crushing Retaining Walls and Crib Walls Canyon Sub-Drains/De-watering H ydroseeding/lrrigation Bid Package Preparation/Advertisement Erosion Control Measures 4. Street Surface Improvements. This cost category item includes, without limitation: Survey & Staking Fine Grade & Base Paving Curb/Gutter Sidewalk Median Landscaping Aqueduct Crossing Structures '-'" '-'" A-2 AGENDA ITEM NO. '2. J " -"'--~ PACE '110 OF 10 I I " ~~.__.. .._~ 4/13/04 9094.1 H&O: #14947 vI ,...... 8. ~ 9. '" 5. 6. 7. Monumentation Pavement Marking/Striping Aqueduct Pipe Reinforcement Loop Detectors & Conduits Culverts & Bridges Medians/K -Railing Sound Attenuation Walls Header Board Fencing & Gates Guardrailing Street Lights Street Signage & Striping Traffic Signals. This cost category item includes, without limitation: Traffic Signal Intertie Traffic Signal Removal/Replacement Traffic Detours, Barriers & Traffic Control Sewer & Reclaimed and Portable Water Improvements. This cost category item includes, without limitation: Trenching Pipelines & Mains Manholes/Cleanouts Valves & Blow-offs Hot Taps Meters/Laterals Backflow Preventer Demo & Disposal Vacuum Assembly Inspection Vault Concrete Encasement Fire Hydrants Force Mains Thrust Blocks Laterals Pressure Testing & Sterilization Construction Water Special Structures Cathodic Protection Pressure Reduction Stations Pump stations including pumps/buildings/electrical Trench Backfill Remove & Relocate Water Main Storm Drain Improvements. This cost category item includes, without limitation: Trenching Storm Drain Pipes Manholes & Inlet Structures 4/13/04 9094.1 H&O: #14947 v1 A-3 ACENDA ITEM NO. PACE '-17 2-1 .. OF Ie) ...' Outlets & Energy Dissipaters Box Culverts Rip Rap Special Structures Headwalls C.M.P. Arches Trench Backfill 10. Publicly-Owned Dry Utility Improvements. This cost category item includes, without limitation:: ......, Non-Refimdable Deposits Trenching Conduit Transformers Underground Vaults & Manholes Special Structures Piping, Gas Distribution, Valves Cathodic Protection Stationing Pull Boxes Trench Backfill Retaining Walls/Structures Pole/Tower Relocation Meters & Laterals Conversion to Underground Engineering & Fees ......, 1/ This description of the eligible Public Facilities is preliminary, general and subject to change. The actual Public Facilities eligible to be financed through the District shall be based upon the final approved Plans and shall include the Public Facilities required by the City and EVMWD to be constructed in connection with development of the land within the District. Estimated costs are subject to change. ......, 4/13/04 9094.1 H&O: #14947 vI A-4 ACENDA ITEM NO. 7- iem~_.,M PACE!t~ _OF_lt2.J .J ,..... EXHIBIT B-1 PAYMENT REQUEST NO. The undersigned (the "Owner") hereby requests payment in the total amount of $ for the Public Facilities (as defined in the Funding, Construction and Acquisition Agreement by and between the City of Lake Elsinore (the "City") and , [type of entity], and described in Exhibit A to that Agreement), all as more fully described in Attachment I hereto. In connection with this Payment Request, the undersigned hereby represents and warrants to the City and the District as follows: 1. He (she) is a duly authorized officer of the Owner, qualified to execute this Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set forth herein. 2. To the extent that this payment request is with respect to a completed Public Facility or Discrete Component, the Owner has submitted or submits herewith to the City, if applicable, as-built drawings or similar plans and specifications for the items to be paid for as listed in Attachment I hereto with respect to any such Public Facility, and such drawings or plans and specifications, as applicable, are true, correct and complete. ~ 3. All costs of the Public Facilities or Discrete Component for which payment is requested hereby are Actual Costs (as defined in the Agreement referenced above) and have not been inflated in any respect. The items for which payment is requested have not been the subject of any prior payment request submitted to the City. 4. Supporting documentation (such as third party invoices, lien releases and cancelled checks) is attached with respect to each cost for which payment is requested. 5. The Public Facilities or Discrete Components for which payment is requested was constructed in accordance with the requirements of the Acquisition Agreement and in compliance with any applicable prevailing wage requirements. 6. The Owner is in compliance with the terms and provisions of the Acquisition Agreement and no portion of the amount being requested to be paid was previously paid. 7. The Purchase Price for the Public Facilities or Discrete Component (a detailed calculation of which is shown in Attachment I hereto for each Public Facility or Discrete Component) has been calculated in conformance with the terms of Section 4.4 of the Acquisition Agreement. ~ 4/13/04 9094.1 H&O: #14947 vI BI-I AGENDA ITEM NO. L.-/ PAGE 1/7 OF 101 " - I hereby declare under penalty of peIjury that the above representations and warranties are true and correct. '-'" OWNER: CITY: Payment Request Approved for Submission to Trustee By: By: Authorized Representative of Owner Director of Community Development Date: Amount Approved: $ Date: '-'" '-'" 4/13/04 9094.1 H&O: #14947 vI Bl-2 AGENDA ITEM NO. '2 J --- PACE SD OF /01 J /'""" ~ '" ATTACHMENT 1 SUMMARY OF PUBLIC FACILITIES AND DISCRETE COMPONENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO._ Ref. No. FacilitylDiscrete Component Actual Cost [List here all Facilities for which payment is requested, and attach support documentation J 4/13/04 9094.1 H&O: #14947 vI BI-3 Disbursement Requested ,o,GENDA ITEM NO. L l _0'_'__. PAOE 5 I OF )OJ EXHIBIT B-2 ..'-fII FORM OF PAYMENT REQUEST (FEES) 1. The undersigned (the "Developer") hereby requests payment in the amount of $_ ("Requested Amount") from the Account of the Acquisition and Construction Fund established by CFD No. 2004-1 for the Fees (as defined in the Funding, Construction and Acquisition Agreement, dated as of , 2004 relating to CFD No. 2004-1 or the EVMWD Charges as defined in the Joint Community Facilities Agreement dated as of April 22, 2004 specified below: No. and Description of Lots/DUs for which Fees Fee Cate20rv Amount ReQuested ReQuested '-fII 2. The Requested Amount is due and payable and has not formed the basis of any prior request or disbursement. 3. The Developer is in compliance with the terms and provisions of the Acquisition Agreement. 4. Neither the Developer not any Affiliate (as defined in the Acquisition Agreement) IS III default in the payment of ad valorem real property taxes or assessments of special assessments or taxes levied in the District (as defined in the Funding, Construction and Acquisition Agreement). ,...." 4/13/04 9094.1 H&O: #14947 vI B2-1 AGENDA ITEM NO. 2 I PAGE S:J.... OF It> J ,,-.- I hereby declare under penalty of peIjury that the above representations and warranties are true and correct. ",..-- ,,-.- DEVELOPER: Date: By: Name: Title: By: Name: Title: CITY: Payment Request Approved for Submission to Finance Director Date: By: Director of Public Works Amount Approved: $ 4/13/04 9094.1 H&O: #14947 vi ACENDA ITEM NO. PACE S:~ B2-2 2-/ OF 10/ EXHIBIT C '-' FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT Pursuant to a Funding, Construction and Acquisition Agreement dated as of 1, 200_ (the "Agreement") by and between the City of Lake Elsinore ("City") and , [type of entity] (the "Owner"), which Agreement is hereby incorporated herein by this reference, and for good and valuable consideration, receipt of which is hereby acknowledged, the undersigned agree as follows: 1. The assignment and assumption provided for under this Assignment and Assumption Agreement ("Assignment") is made together with the sale, transfer or assignment of all or a part of the property subject to the Agreement. The property sold, transferred or assigned together with this Assignment is included within CFD No. 2004-1 and described in "Attachment 1" attached hereto and incorporated herein by this reference (the "Subject Property"). 2. , as the assignor hereof (the "Assignor") hereby grants, sells, transfers, conveys assigns and delegates to ("Assignee"), all of Assignor's rights, title, interest, benefits, privileges, duties and obligations arising under or from the Agreement with respect to the Subject Property and the Public Facilities authorized to be funded with respect to the Improvement Area except for the following: 3. Assignee hereby accepts the foregoing assignment and unconditionally assumes and agrees to perform all of the duties and obligations of Assignor arising under or from the Agreement as owner of the Subject Property. .,.., 4. The sale, transfer or assignment of the Subject Property and the assignment and assumption provided for under this Assignment are the subject of additional agreements between Assignor and Assignee. Notwithstanding any term, condition or provision of such additional agreements, the rights of the City arising under or from the Agreement and this Assignment shall not be affected, diminished or defeated in any way, except upon the express written agreement of the City. 5. Assignor and Assignee execute this Assignment pursuant to Section 9.4 of the Agreement, and the City evidences its consent to this Assignment by signing below. ~ 4/13/04 9094.1 H&O: #14947 vI C-l AGENDA ITEM NO. 1- / PACE 5'1 OF 1101 "'" IN WITNESS WHEREOF, the parties have executed this Assignment on ASSIGNOR: By: Name: Title: ASSIGNEE: By: Name: Title: "'" CITY: CITY OF LAKE ELSINORE By: Its: City Manager "'" 4/13/04 9094.1 H&O: #14947 vI C-2 ACENDA ITEM NO. 2 J PACE Ss OF IDI I ATTACHMENT 1 DESCRIPTION OF SUBJECT PROPERTY '-'" '-'" '-'" C-3 ACENDA ITEM NO '21 . -~- PACE ~ ~ OF /01 ,J IL 4/13/04 9094.1 H&O: #14947 vI PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2004-1 OF THE CITY OF LAKE ELSINORE (CITY CENTER TOWNHOMES) COUNTY OF RIVERSIDE. STATE OF CAUFORNIA 'IlClNlTY MAP NO SCAL[ WiEI!IIl IIISlIIICT IlOUHIlMY ~ ~ ,.,. .j'" ~ Iv l~ i!! APN: JI;~10 363-240-02 J6:J-240-0' J6:J-240-04 J6)-240-0II J6)- 240-011 J6:J-240-16 ! g ~ SCAlE: 1"-100' ~ ~ "'\ o. .. -:. '" '$. 'f, t,'" ''C,'C... .~ ~ << .. nl ~ OIY ClERK r6 Ilj[ OTY r6 LN<C ElSIH(lR( fIl.(O .. Ilj[ oma OF !HE OTY ClERK OF !HE OTY OF I.AIlE nSWOllE 1lIIS ---1>AY OF -2lJ04. Ntl!T47'<<J -,".00 r HEREBY CERlW'"T JHAT nc Mn.w MAP ~ 1H( PROPOSED 8OUNOMIf'$ OF lH[' DTY 17 LAIC[ nSlNORE COIIIIUHITY fAOUTlES DISTIller NO. 2004-1(OTY C[NJEJII TOMMf()W[S) an OF LAKE: D.SIHOR[~ COUNTY OF Rt\l€RSIOC. STAlE OF CAUFORNIA WAS API'IlOIEl) 8Y IH[ OTY COUNCIl. OF 1H( OIY OF lAKE El$INOllE: AT A 1lEGUI.ARI. Y $OtlllUILO Il[[IIHG 1HEllC0F. HEtO ON 1If[ _ OA Y OF 2004. 8Y ITS AESQ.UTlON No. OTY ClERK r6 !HE: OTY r6 LAkE [lgNOllE COUNTY Il(COfll)(R r6 1If[ COUNTY OF IlIIOSlllf: FILED nns _ DAY OF _ 2004. AT JH[ HOUR OF _ o.a.otlc........ .. DOOK_ cr MAPS OF ASSESSUfNl AHlJ COMUUMrr FAQlJD['S DlS1'RtCJS PA/Z ~1HROUGH_ AS IHSTRUUEHT NO._ IN 1H[ oma OF IH[ COUNTY IlECCIflI)(R .. 1H( COUNTY OF IlIVERSIOE. STAT[ OF CAUf'OIINIA. fU'_ REfEREHCE JH[ Rt~ COUNTY ASSESSQIt'S MAPS fOR It O(TAU'D DESCRIPllOH OF PARCEl lINES AM) I*ENStOHS PROPOSED BOUNDARY MAP ".- _HARRIS a: ASSOCIATES 14 &eeuIN Pork. SuIte 150 _ InIN. tA '2'" 1m) ...-.... . ,.. (MI) ...-,... Community '.eIllU... Dlotrict No. 201M-I or the City or Lake Elalnore (City C.nter Townhom...) COUHTY OF _ t.WPQ1lIlIA _, I or I Ct~ 3004-' on con.. PAGE 5'7 '2/ OF loJ RESOLUTION NO. 2004- '-'" RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has heretofore adopted Resolution No. 2004-18 ("Resolution of Intention") stating its intention to form City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, a copy of the Resolution of Intention is on file with the City Clerk and incorporated herein by reference; and WHEREAS, pursuant to the Act and in accordance with applicable laws, this Council held a public hearing on the formation of the CFD and the incurring of bonded indebtedness with respect to the CFD; and WHEREAS, at said hearing all persons not exempt from the Special Tax desiring to be heard on all matters pertaining to the formation of the CFD were heard and a full and fair hearing was held; and -....".,I WHEREAS, at said hearing evidence was presented to the Board on said matters before it, and this Board at the conclusion of said hearing is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 53325.1(b) of the Government Code, the Board finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. Section 2. A community facilities district to be designated "City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes)" is hereby established pursuant to the Act. Section 3. The description and map of the boundaries of the CFD on file in the Clerk's office and as described in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of the CFD. The map of the proposed boundaries of the CFD has been recorded in the Office of the County Recorder of Riverside County, California (Book 56 of Maps of Assessment and Community Facilities District at page 27 and as Instrument No. 2004-0235463). '---' 45439662.2 1 '2J AOENDA ITEM NO. - PAGE sf( OF /0 I --J ,- ~ ,- Section 4. The facilities proposed to be financed by the CFD are public infrastructure facilities and other governmental facilities with an estimated useful life of five years or longer, which the CFD is authorized by law to construct, own or operate and that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD, including but not limited to streets, streetscape, storm drain, water and sewer facilities and fees of the Elsinore Valley Municipal Water District and related costs including designs, inspections, professional fees, annexation fees, connection fees and acquisition costs (the "Facilities"). Such Facilities need not be physically located within the CFD. Section 5. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax") sufficient to pay for the costs of financing the acquisition and/or construction of the Facilities, including the principal of and interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, the establishment and replenishment of reserve funds, the remarketing, credit enhancement and liquidity fees, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance of the bonds, including any foreclosure proceedings, architectural, engineering, inspection, legal, fiscal, and financial consultant fees, discount fees, interest on bonds due and payable prior to the expiration of one year from the date of completion of facilities (but not to exceed two years), election costs and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, disclosure counsel, financing consultants and printing costs, and all other administrative costs of the tax levy and bond issue. The Special Tax will be secured by recordation of a continuing lien against all non-exempt real property in the CFD. In the first year in which such a Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the CFD pursuant to Section 53314 of the Act and interest thereon. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Special Tax is based upon the cost of financing the Facilities in the CFD, the demand that each parcel will place on the Facilities and the benefit (direct and/or indirect) received by each parcel from the Facilities. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or partially, from the levy of the Special Tax, the Council shall, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not delinquent or exempt in order to yield the required payments, subject to the maximum tax. Under no circumstances, however, shall the Special Tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the CFD by more than 10 percent. Furthermore, the maximum special tax authorized to be levied against any parcel used for private residential purposes shall not be increased over time in excess of2 percent per year. Section 6. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD, and this lien shall continue in force 45439662.2 2 ACENDA ITEM NO. 2. I PACE S'1 OF IV) J and effect until the Special Tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases. ....., Section 7. The proposed Special Tax to be levied in the CFD has been precluded by protests by owners of one-half or more of the land in the territory included in the CFD pursuant to Government Code Section 53324. Section 8. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the Board hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax: A. Such Special Tax shall be levied for the specific purposes set forth herein. B. The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth herein. C. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited. D. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the Council as required pursuant to Government Code Section 50075.3. Section 9. The City Manager, 130 S. Main Street, Lake Elsinore, California 92530, (909) 674-3124, or his designee, is designated to be responsible for preparing or causing to be ....., prepared annually a current roll of the Special Tax levy obligations by assessor's parcel number and for estimating future Special Tax levies pursuant to Section 53340.1 of the Government Code. Section 10. The voting procedure with respect to the imposition of the Special Tax, incurring bonded indebtedness and establishing an appropriations limit of the CFD shall be by hand delivered ballot election. ....., 45439662.2 3 AGENDA ITEM NO. '2 / PAGE (PO OF 10/ ~ Section 11. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the incurring bonded indebtedness, the levy of the Special Tax, and the establishment of the appropriations limit. PASSED, APPROVED AND ADOPTED this day of ,2004. CITY OF LAKE ELSINORE By: ATTEST: Thomas Buckley, Mayor Vicki Kasad, City Clerk APPROVED AS TO FORM: /"'" Barbara Leibold, City Attorney ,-... 45439662.2 4 AGENDA ITEM NO. 2- J PACE 0/ OF /D / STATE OF CALIFORNIA ) ) ss. ) ......, COUNTY OF RIVERSIDE I, Vicki Kasad, 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 regular 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 ..."" ....."" 45439662.2 5 AOENDA ITEM NO. L j h__,=. PAG~ fo~ OF 10/ .-1 r'- ,-.. ~ 45439662.2 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 6 ACENDA ITEM NO. 'L- J PACE ~ =? OF iol ,.., RA TE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1 OF THE CITY OF LAKE ELSINORE (CITY CENTER TOWNHOMES) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in the City of Lake Elsinore ("City") Community Facilities District No. 2004-1 (City Center Townhomes) ("CFD No. 2004-1"). An Annual Special Tax shall be levied on and collected in CFD No. 2004-1 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer. ~ "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any ordinary and necessary expense incurred by the City on behalfofCFDNo.2004-1 related to the determination of the amount of the levy of Special Taxes, the collection of Special Taxes including the expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2004-1 , and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2004-1 relating to CFD No. 2004-1. "Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. ~ City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 21 AOENDA ITEM NO. PA~ge 6 L/ OF toJ ~. "Assessor's Parcel" means a lot or parcel ofland designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Annual Special Tax" means the Special Tax of that name described in Section D below. "Backup Annual Special Tax" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Taxes within CFD No. 2004-1 have been pledged. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. ~ "Calendar Year" means the period commencing January I of any year and ending the following December 31. "CFD No. 2004-1" means Community Facilities District No. 2004-_ established by the City under the Act. "City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2004-1, or its designee. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit was issued on or before March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section 1. "Final Map" means a subdivision of property by recordation ofa final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. ~ "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 AGENDAp~ ~O. 2-1 PAGE ~5 OF 101 "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by CFD No. 2004-1 in any Fiscal Year on any Assessor's Parcel. """ "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Partial Prepayment Amount" means the amount required to prepay a portion of the Annual Special Tax obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the Annual Special Tax levy to the applicable Assigned Annual Special Tax is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Annual Special Tax under step four of Section F, "Proportionately" in step four means that the quotient of (a) Annual Special Tax less the Assigned Annual Special Tax divided by (b) the Backup Annual Special Tax less the Assigned Annual Special Tax, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J as applicable. ,...." "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property. "Single Family Unit" means a residential dwelling unit other than an Apartment Unit. "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2004-1 pursuant to the Act. "Special Tax Requirement" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release offunds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (v) the collection or accumulation of funds for the acquisition or construction offacilities authorized by CFD No. 2004-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section F., less (vi) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to any applicable bond indenture, fiscal agent agreement, or trust agreement. ,...." City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 AGENDA ITEM NO. p~e~' ~/~=- , OF lOt ,........ "Taxable Property" means all Assessor's Parcels within CFD No. 2004-1, which are not Exempt Property . "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, or Provisional Undeveloped Property. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2004-05, each Assessor's Parcel within CFD No. 2004-1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non-Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property or Apartment Property, and each Single Family Property shall be assigned to its appropriate Assigned Annual Special Tax rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX ,.-- 1. Developed Property The Maximum Special Tax for each Assessor's Parcel of Residential Property or Non- Residential Property that is classified as Developed Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax. 2. Undeveloped Property and Provisional Undeveloped Propertv The Maximum Special Tax for each Assessor's Parcel classified as Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Annual Special Tax. SECTION D ASSIGNED ANNUAL SPECIAL TAX 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Property, or Non-Residential Property shall be subject to an Assigned Annual Special Tax. The Assigned Annual Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2004-05 shall be determined pursuant to Table 1 below. ~ TABLE 1 City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 ACENDA ITEM NO. ?--I PAt~ge~ 7 OF j c I ASSIGNED ANNUAL SPECIAL TAX RATES FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2004-05 ......, Land Use T e Residential Pro e Residential Pro e Residential Property Residential Pro e Residential Pro e A artment Unit Non-Residential Pro e Buildin S uare Foota e Less than 1 000 1,000 - 1,199 1,200 - 1,399 1,400 - 1,499 1,500 or greater N/A N/A Rate $1 182 er Unit $1 333 er Unit $1,661 per Unit $1,770 er Unit $1,839 er Unit $18,957 er Acre $18,957 er Acre 2. Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Annual Special Tax. The Assigned Annual Special Tax rate for an Assessor's Parcel classified as Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2004-05 shall be $18,957 per Acre. 3. Increase in the Assi2ned Annual Special Tax On each July 1, commencing July 1, 2005, the Assigned Special Tax rate for Developed Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. ......, SECTION E BACKUP ANNUAL SPECIAL TAX At the time a Final Map is recorded, the Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified or reasonably expected to be classified as a Single Family Property within such Final Map area shall be determined by (i) summing the product of (a) the Maximum Special Tax rate for Undeveloped Property by (b) the total Acreage of Taxable Property of each Assessor's Parcel in such Final Map area, excluding Acreage classified as Provi sional Undeveloped Property and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results in (i) by the total number of Single Family Units reasonably expected to be constructed within such Final Map area. The resulting quotient shall be the Backup Annual Special Tax for each Assessor's Parcel of Developed Property within such Final Map area. The Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified as Non- Residential Property or Apartment Property shall be the Maximum Special Tax rate for Undeveloped Property . ~ City of Lake Elsinore Community Facilities District No. 2004-1 March 15, 2004 2-- r.."...." ACENOA fitM Nfl Ld'" PAt~ge ~t6 OF /0 I ,-.... If a Final Map includes Assessor's Parcels of Developed Property which are classified or reasonably expected to be classified as Single Family Property and Non-Residential Property or Apartment Property, then the Backup Annual Special Tax for each Assessor's Parcel which is classified or reasonably expected to be classified as Single Family Property shall be computed exclusive of the allocable portion of total Acreage attributable to Assessor's Parcels classified orreasonably expected to be classified as Non-Residential Property or Apartment Property. Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as either Single Family Property, Apartment Property or Non-Residential Property are subsequently changed of modified by recordation of a lot line adjustment or similar instrument, then the Backup Annual Special Tax shall be recalculated to equal the amount of Backup Annual Special Tax that would have been generated if such change did not take place. On each July 1, commencing July 1, 2005, the Backup Annual Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. SECTION F METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX Commencing Fiscal Year 2004-05 and for each subsequent Fiscal Year, the City Council shall levy Annual Special Taxes on all Taxable Property in accordance with the following steps: /""' Step One: The Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Un developed Property up to 100% of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Annual Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Annual Special Tax shall be increased Proportionately from the Assigned Annual Special Tax up to 100% of the Backup Annual Special Tax as needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. /""' City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 ,'2;.,...........,., ACENDAe rltt. _ PAGEage~ 9 OF 101 SECTION G PREPAYMENT OF ANNUAL SPECIAL TAX ......" The following definitions apply to this Section G: "CFD Public Facilities" means $2,335,683 expressed in 2004 dollars, which shall increase by the Construction Inflation Index on July 1,2005, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2004-1 , or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2004-1. "Construction Inflation Index" means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the city of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. ~ "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes. The Special Tax obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below. An owner of an Assessor's Parcel intending to prepay the Annual Special Tax obligation shall provide the City with written notice of intent to prepay, and within 5 days of receipt of such notice, the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by CFD No. 2004-1 in calculating the proper amount of a prepayment. Within 15 days of receipt of such non-refundable deposit, the City shall notify such owner of the Prepayment Amount of such Assessor's Parcel. ......" City of Lake Elsinore Community Facilities District No. 2004-1 March 15, 2004 ~.t,;::;;.. ACEND~~Nt)...: ~ ...... PAcl~OF /6/ ~ The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): plus plus plus plus less equals Bond Redemption Amount Redemption Premium Future Facilities Amount Defeasance Cost Administrative Fee Reserve Fund Credit Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1. For an Assessor's Parcel of Developed Property, compute the Assigned Annual Special Tax applicable to the Assessor's Parcel. For an Assessor's Parcel of Undeveloped Property, compute the Assigned Annual Special Tax as though is was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Annual Special Tax for that Assessor's Parcel. 2. F or each Assessor's Parcel of Developed Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, divide the Assigned Annual Special Tax computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Annual Special Tax applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City. ,......... 3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds. The product shall be the "Bond Redemption Amount". 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption Premium." 5. Compute the Future Facilities Cost. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5. to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds. ~ City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 ACErmA ITEM NOl. '~J ~.1,:;:"__ p.ge"'LOF fp7 -.. - 8. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest call date for the Outstanding Bonds. .~ 9. Subtract the amount computed pursuant to paragraph 8 from the amount computed pursuant to paragraph 7. This difference is the "Defeasance Cost." 10. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 11. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. N otwi thstanding the foregoing, if the reserve fund requirement is satisfi ed by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than O. 12. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit. ~ 13. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9, and 11 shall be deposited into the appropriate fund as established under the bond indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2004-1. With respect to Special Tax obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of CFD No. 2004- I that there has been a prepayment ofthe Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax obligation and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. ~ City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 AGENDA ITEM NO. ~ I PACtge, ;toF I D I ~ SECTION H PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX The Special Tax obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H. below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax obligation would be prepaid. The Partial Prepayment Amount shall be calculated according to the following formula: PP = ((Pa-A) x F) + A The terms above have the following meanings: PP = the Partial Prepayment Amount. Pa = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax obligation. A= the Administrative Fees and Expenses calculated according to Section G. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall indicate in the ,...-.. records ofCFD No. 2004-1 that there has been a partial prepayment of the Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax obligation, to indicate the partial prepayment of the Special Tax obligation and the partial release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I TERMINA TION OF SPECIAL TAX ~ F or each Fiscal Year that any Bonds are outstanding the Annual Special Tax shall be levied on all Assessor's Parcels subject to the Annual Special Tax. If any delinquent Annual Special Taxes remain uncollected prior to or after all Bonds are retired, the Annual Special Tax may be levied to City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 ACENDA 1TEM NO. pAeFe , =? ~l OF /01 the extent necessary to reimburse CFD No. 2004-1 for uncollected Annual Special Taxes associated with the levy of such Annual Special Taxes, but not later than the 2042-43 Fiscal Year. ~ SECTION J EXEMPTIONS The City shall classify as Exempt Property (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (iii) other types of public uses determined by the City Council, (iv) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, (v) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, or (vi) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, provided that no such classification would reduce the sum of all Taxable Property to less than 13.43 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 13.43 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 13.43 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F. ....." At such time an Assessor's Parcel must be classified as Provisional Developed Property, the following hierarchy shall be used to determine which Assessor's Parcel will be taxed to ensure that the Taxable Property is not less than 13.43 acres: First, an Assessor's Parcel as designated in (vi) above Second, an Assessor's Parcel as designated in (v) above Third, an Assessor's Parcel as designated in (iv) above Fourth, an Assessor's Parcel as designated in (iii) above Fifth, an Assessor's Parcel as designated in (ii) above Sixth, an Assessor's Parcel as designated in (i) above SECTION K APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) ofCFD No. 2004-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of ~ City of Lake Elsinore Community Facilities District No. 2004-1 March 15. 20D4 ACENDA ITEM NO. P/I.iJpl'l 2J__~. OF.-10 I '" ~ ,..... levy), but an adjustment shall be made to the Annual Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). SECTION L MANNER OF COLLECTION The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2004-1 may collect Annual Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 ACEND~!-mM ~O. 2- J PAGElS OF 101 - RESOLUTION NO. 2004 - ..." RESOLUTION 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 CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES) AND CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has heretofore adopted Resolution No. 2004-_ (the "Resolution of Formation"), which formed the City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes) (the "CFD"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"), to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the City is authorized by law to construct, own or operate (the "Facilities"); and WHEREAS, a copy of the Resolution of Formation is on file with the City Clerk and incorporated herein by reference; and WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness in the amount not to exceed $5,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53340 et seq. ofthe Act on certain properties within the CFD;....." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. It is necessary to incur bonded indebtedness in the amount not to exceed $5,000,000 to finance the costs of the Facilities for the CFD. Section 3. The indebtedness will be incurred for the purpose of financing the costs of acquiring the Facilities, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act. Section 4. The bonds shall be issued in one or more series at a maximum interest rate not to exceed 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued, and payable annually or semiannually as determined by the Board. The term of the bonds shall be determined pursuant to a resolution of the Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 years or such longer term as is then permitted by law. Section 5. Pursuant to and in compliance with the provlSlons of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the ,....." 45439679.2 1 ACENDA ITEM NO. b I PACE tto OF /01 ,...., Government Code, the Board hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the City: (a) Such bonded indebtedness shall be incurred for the specific purposes set forth in Section 3 above. (b) The proceeds of any such bonded indebtedness shall be applied only to the specific purposes identified in Section 3 above. ( c) The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account or accounts into which the proceeds of such bonded indebtedness shall be deposited. (d) The City Manager, or his or her designee, acting for and on behalf of the City, shall annually file a report with the Council as required by Government Code Section 53411. Section 6. Pursuant to Government Code Section 53353.5, the Council hereby determines to submit to the qualified electors of the CFD a proposition (the "CFD Proposition") to: (1) levy special taxes on property within the CFD in accordance with the rate and method of apportionment of special tax specified in the Resolution of Formation; (2) incur bonded indebtedness in the amount not to exceed $5,000,000; and (3) establish an appropriations limit as defined by subdivision (h) of Section 8 of Article XnIB of the California Constitution, for the ~ CFD. Said appropriations limit shall equal the maximum amount of bonded indebtedness authorized to be incurred for the CFD. The form of the CFD Proposition is attached as Exhibit "A." Section 7. A special election is hereby called for the CFD on the CFD Proposition set forth in Section 6 above. Section 8. The City Clerk shall hand deliver the ballots to the landowner on April 27, 2004. Section 9. The time for notice having been waived by the qualified electors, the date of the special election for the CFD on the CFD Proposition shall be on the 27th day of April, 2004. There being no registered voters residing within the territory of the CFD at the time of the protest hearing and ninety (90) days prior thereto, there being only one landowner in the CFD, and the requirements of Section 53326 of the Government Code having been waived by the landowner, the ballot for the special election shall be hand delivered to the landowner within the CFD. The voter ballot shall be returned to the City Clerk at 130 S. Main Street, Lake Elsinore, California 92530, no later than 11:00 o'clock p.m. on April 27, 2004. However, the election may be closed within the concurrence of the City Clerk, as soon as the ballot is returned. Section 10. Notice of said election and written argument for or against the measure have been waived by the landowner. ,...., Section 11. The CFD shall constitute a single election precinct for the purpose of holding said special election. 45439679.2 2 AGENDA iTEM NOo PACE ~ 2/ -----~ OF /tJ/ ~, Section 12. The Council hereby directs that the special election be conducted by the City Clerk, as the elections official. ....., Section 13. This Resolution shall take effect from and after the date of its passage and adoption. ....., "-"" 45439679.2 3 ACiENDA ITEM NO. 2-1 PAGE 7~ OF 101 ,,-- "..--. "..--. PASSED, APPROVED AND ADOPTED this ATTEST: Vicki Kasad, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney 45439679.2 CITY OF LAKE ELSINORE day of , 2004. By: 4 Thomas Buckley, Mayor AGENDA ITEM NO. PAGE '/ 9 2/ OF 10 I STATE OF CALIFORNIA ) ) ss. ) """"'" COUNTY OF RNERSIDE I, Vicki Kasad, 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 regular meeting thereof held on the _ day of , 2004, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: By: City Vicki Kasad, City Clerk '--' """"'" 45439679.2 5 ACENDA ITEM No.2-I PACE ~ 2J OF to) """' ,,--.. """' EXHIBIT A OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES) SPECIAL TAX ELECTION April 27, 2004 To vote, mark an "X" in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to , as owner or authorized representative of such owner of land within City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes) and represents _ vote(s). If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 S. Main Street, Lake Elsinore, California 92530. PROPOSITION: Shall the City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes) (the "CFD"), subject to the accountability measures provided for in Resolution No. 2004-_ ("Resolution Calling Special Election"), incur an indebtedness and be authorized to issue bonds in an amount not to exceed $5,000,000 with interest at a rate or rates established at such time as the bonds are sold in one or more series at fixed or variable interest rates, however not to exceed any applicable statutory rate for such bonds, the proceeds of which will be used to finance the certain public facilities (the "Facilities") as described in Resolution No. 2004-_ ("Resolution of Formation"); and, subject to the accountability measures provided for in the Resolution of Formation, shall a special tax be levied to pay the principal of and interest on such indebtedness and bonds and to otherwise finance the Facilities; and shall an appropriations limit be established for the CFD pursuant to Article XIIIB of the California Constitution, said appropriations limit to be equal to the maximum amount of bonded indebtedness authorized to be incurred for the CFD? YES NO 45439679.2 A-I ACENDA ITEM NO. PACE ~ I 2/ OF /01 RESOLUTION NO. 2004 - '-' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has previously conducted proceedings pertaining to the formation of the City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes) (the "CFD"), the authorization of indebtedness in the amount not to exceed $5,000,000 within the CFD, the rate and method of apportionment for the levy and collection of special taxes (the "Special Tax") to pay the principal and interest on bonds issued or other debt, the establishment of an appropriations limit, and the calling of an election in regard to the foregoing; and WHEREAS, on April 27, 2004, an election was held within the CFD relative to the authorization of not to exceed $5,000,000 of indebtedness within the CFD, the rate and method of apportionment of the Special Tax, and the establishment of an appropriations limit; and WHEREAS, at such election the proposal for incurring the bonded indebtedness, the rate and method of apportionment and manner of collection of the Special Tax and establishing an appropriations limit for the CFD was approved by the requisite 2/3 of the votes cast by qualified electors ofthe CFD, as applicable; '-' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. It is hereby determined that the election conducted within the CFD was duly and validly conducted. Section 2. The Council, acting as the legislative body of the CFD, is authorized to levy the Special Tax on behalf ofthe CFD, as specified in the Resolution of Formation. Section 3. The Council is authorized to incur indebtedness on behalf of the CFD in the maximum amount of $5,000,000. Section 4. The City is authorized to establish an appropriations limit for the CFD. '-' 45440370.2 AOiNDA ITEM NO. Z- / PACE <t d- OF /0 ( ,- Section 5. The City Clerk is hereby directed and authorized to record notice of the special tax of the CFD by recording a Notice of Special Tax Lien of the CFD pursuant to Section 3117.5 of the California Streets and Highways Code. PASSED, APPROVED AND ADOPTED this day of , 2004. CITY OF LAKE ELSINORE By: ATTEST: Thomas Buckley, Mayor Vicki Kasad, City Clerk APPROVED AS TO FORM: ,- Barbara Leibold, City Attorney ...--... 45440370.2 AGEf'iDA m:M NO. '2 I --.r PACE ~3 Of 101 _=J STATE OF CALIFORNIA ) ) ss. ) ......", COUNTY OF RNERSIDE I, Vicki Kasad, 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 regular 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 ......., ......., 45440370.2 AGENDA ITEM NO. 2- / PACE ~ ~ OF 16/ ~ ORDINANCE NO. 2004- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX WHEREAS, on March 23, 2004, the City Council (the "Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 2004-18 stating its intention to form the City of Lake Elsinore Community Facilities District No. 2004-1 (City Center Townhomes) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the city is authorized by law to construct, own or operate (the "Facilities"); and WHEREAS, on March 23, 2004, the Council also adopted Resolution No. 2004-19 stating its intention and the necessity to incur bonded indebtedness in the amount not to exceed $5,000,000 to be issued for the purpose of financing the purchase, construction, expansion or rehabilitation of the Facilities; and WHEREAS, notice was published as required by law relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $5,000,000 within the boundaries of the CFD; and ~ WHEREAS, on April 27, 2004, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness of the CFD, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation ofthe CFD and the incurring of bonded indebtedness by the CFD were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2004-_ determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2004-_ which called an election within the CFD for April 27, 2004 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit; and WHEREAS, on April 27, 2004, an election was held within the CFD in which the eligible electors approved by more than two-thirds vote the proposition of incurring bonded indebtedness, levying a special tax, and setting an appropriations limit; ~. 45440407.] AGENDA ITEM NO. 2. I PAGE ~S OF 10 I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: ....." Section 1. A special tax (the "Special Tax") is levied within the boundaries of the CFD pursuant to the formulas set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to pay all of the costs of providing the Facilities, periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness. Section 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the then current or future tax years, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A." Section 3. All of the collections of the Special Tax shall be used as provided for in the Act and Resolution No. 2004- of the Council. Section 4. The above authorized Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, the CFD may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of this ordinance, ....." together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance. Section 6. This ordinance relating to the levy of the Special Tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County. ""'" 45440407.1 AGEND.I:\ IT~M NO. ? I '-':.:&'_~.l.:.~ PACE ~~ OF /D/ J .~ ,...... /"" "...... PASSED, APPROVED AND ADOPTED this ATTEST: Vicki Kasad, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney 45440407. I CITY OF LAKE ELSINORE day of , 2004. By: Thomas Buckley, Mayor ACENOA ITEM NO. 2- I PACE <67 OF 10/ ST ATE: OF CALIFORNIA COUNTY OF RIVERSIDE ) ) ss. ) ....., I, Vickie Kasad, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting thereof held on the _ day of , 2004, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: 45440407.1 By: Vicki Kasad, City Clerk "-'" "-'" .~GENDA ITEM NO._~ L_~==. PACiE g~ Or:/(?! J "'..~~..."--- -,---_. ,..;" ....~....- ..........__... ..~~"..~"..,,"'-._--..<.'.--,,~..,~.~ ,..... ,.-.., ,..... 45440407.1 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Mi'iDA niM NO. 2-) PACE <i?9'. OF jC>! I ........" RA TE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2004-1 OF THE CITY OF LAKE ELSINORE (CITY CENTER TOWNHOMES) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in the City of Lake Elsinore ("City") Community Facilities District No. 2004-1 (City Center Townhomes) ("CFD No. 2004-1"). An Annual Special Tax shall be levied on and collected in CFD No. 2004-1 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer. ""'" "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any ordinary and necessary expense incurred by the City on behalf ofCFD No. 2004-1 related to the determination of the amount of the levy of Special Taxes, the collection of Special Taxes including the expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2004-1 , and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2004-1 relating to CFD No. 2004-1. "Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. ...., City of Lake Elsinore Community Facilities District No. 2004-1 1\1M~~dA'~'hO. 2- / P~OF_L~I... "'" "Assessor's Parcel" means a lot or parcel ofland designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Annual Special Tax" means the Special Tax of that name described in Section D below. "Backup Annual Special Tax" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Taxes within CFD No. 2004-1 have been pledged. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. ~ "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD No. 2004-1" means Community Facilities District No. 2004-_ established by the City under the Act. "City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2004-1, or its designee. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit was issued on or before March 18t preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section J. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. ,...... "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 2---) AGENDA 'itlr ~O. PACE ~ I OF 101 J "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by CFD No. 2004-1 in any Fiscal Year on any Assessor's Parcel. ......., "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Partial Prepayment Amount" means the amount required to prepay a portion of the Annual Special Tax obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the Annual Special Tax levy to the applicable Assigned Annual Special Tax is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Annual Special Tax under step four of Section F, "Proportionately" in step four means that the quotient of (a) Annual Special Tax less the Assigned Annual Special Tax divided by (b) the Backup Annual Special Tax less the Assigned Annual Special Tax, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J as applicable. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "-"" "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property. "Single Family Unit" means a residential dwelling unit other than an Apartment Unit. "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2004-1 pursuant to the Act. "Special Tax Requirement" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (v) the collection or accumulation of funds for the acquisition or construction offacilities authorized by CFD No. 2004-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section F., less (vi) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to any applicable bond indenture, fiscal agent agreement, or trust agreement. '-'II' City of Lake Elsinore Community Facilities District No. 2004-1 AMMB~ tfel~ ?-I ....-... PACiEpH2eJx..fJF ~J.QL ",....... "Taxable Property" means all Assessor's Parcels within CFD No. 2004-1, which are not Exempt Property . "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, or Provisional Undeveloped Property. SECTION B CLASSIFICA TION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2004-05, each Assessor's Parcel within CFD No. 2004-1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non-Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property or Apartment Property, and each Single Family Property shall be assigned to its appropriate Assigned Annual Special Tax rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX /""" 1. Developed Property The Maximum Special Tax for each Assessor's Parcel of Residential Property or Non- Residential Property that is classified as Developed Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax. 2. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor's Parcel classified as Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Annual Special Tax. SECTION D ASSIGNED ANNUAL SPECIAL TAX 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Property, or Non-Residential Property shall be subject to an Assigned Annual Special Tax. The Assigned Annual Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2004-05 shall be determined pursuant to Table 1 below. ",....... TABLE 1 City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 ) AC!.:NOA ITEM NO. G . PAt!-~OF /0 { ASSIGNED ANNUAL SPECIAL TAX RATES FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2004-05 -...J Buildin S uare Foota e Less than 1 000 1,000 - 1,199 1,200 - 1,399 1,400 - 1,499 1,500 or eater N/A N/A Rate $1 182 er Unit $1 333 er Unit $1,661 per Unit $1,770 er Unit $1,839 er Unit $18,957 er Acre $18,957 er Acre Land Use T e Residential Pro e Residential Pro e Residential Property Residential Pro e Residential Pro e A artment Unit Non-Residential Pro e 2. Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Annual Special Tax. The Assigned Annual Special Tax rate for an Assessor's Parcel classified as Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2004-05 shall be $18,957 per Acre. 3. Increase in the Assiened Annual Special Tax On each July 1, commencing July 1, 2005, the Assigned Special Tax rate for Developed Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. ...., SECTION E BACKUP ANNUAL SPECIAL TAX At the time a Final Map is recorded, the Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified or reasonably expected to be classified as a Single Family Property within such Final Map area shall be determined by (i) summing the product of (a) the Maximum Special Tax rate for Undeveloped Property by (b) the total Acreage of Taxable Property of each Assessor's Parcel in such Final Map area, excluding Acreage classified as Provisional Undeveloped Property and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results in (i) by the total number of Single Family Units reasonably expected to be constructed within such Final Map area. The resulting quotient shall be the Backup Annual Special Tax for each Assessor's Parcel of Developed Property within such Final Map area. The Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified as Non- Residential Property or Apartment Property shall be the Maximum Special Tax rate for Undeveloped Property . -..J City of Lake Elsinore Community Facilities District No. 2004-1 AC~AtrrE~ ~B?4 ~~ PACE ~ll 50C: _.JJ2L .J ,..... If a Final Map includes Assessor's Parcels of Developed Property which are classifi ed or reasonably expected to be classified as Single Family Property and Non-Residential Property or Apartment Property, then the Backup Annual Special Tax for each Assessor's Parcel which is classified or reasonably expected to be classified as Single Family Property shall be computed exclusive of the allocable portion of total Acreage attributable to Assessor's Parcels classified orreasonably expected to be classified as Non-Residential Property or Apartment Property. Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as either Single Family Property, Apartment Property or Non-Residential Property are subsequently changed of modified by recordation of a lot line adjustment or similar instrument, then the Backup Annual Special Tax shall be recalculated to equal the amount of Backup Annual Special Tax that would have been generated if such change did not take place. On each July 1, commencing July 1,2005, the Backup Annual Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. SECTION F METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX Commencing Fiscal Year 2004-05 and for each subsequent Fiscal Year, the City Council shall levy Annual Special Taxes on all Taxable Property in accordance with the following steps: ~ Step One: The Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: Ifadditional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Annual Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Annual Special Tax shall be increased Proportionately from the Assigned Annual Special Tax up to 100% of the Backup Annual Special Tax as needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. ,..... City of Lake Elsinore Community Facilities District No. 2004-1 March 15, 2004 2..-- I ACENDA ITEM NO. PAKtg~s OF/OJ SECTION G PREPAYMENT OF ANNUAL SPECIAL TAX ~ The following definitions apply to this Section G: "CFD Public Facilities" means $2,335,683 expressed in 2004 dollars, which shall increase by the Construction Inflation Index on July 1,2005, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2004-1 , or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2004-1. "Construction Inflation Index" means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the city of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. ......" "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes. The Special Tax obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below. An owner of an Assessor's Parcel intending to prepay the Annual Special Tax obligation shall provide the City with written notice of intent to prepay, and within 5 days of receipt of such notice, the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by CFD No. 2004-1 in calculating the proper amount of a prepayment. Within 15 days of receipt of such non-refundable deposit, the City shall notify' such owner of the Prepayment Amount of such Assessor's Parcel. .....,; City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 AOENDA ITEM NG.~ ~.I' .,_.~ pl*f5J G? OF Ie/ ~ The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): plus plus plus plus less equal s Bond Redemption Amount Redemption Premium Future Facilities Amount Defeasance Cost Administrative Fee Reserve Fund Credit Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1. For an Assessor's Parcel of Developed Property, compute the Assigned Annual Special Tax applicable to the Assessor's Parcel. For an Assessor's Parcel of Undeveloped Property, compute the Assigned Annual Special Tax as though is was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Annual Special Tax for that Assessor's Parcel. 2. For each Assessor's Parcel of Developed Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, divide the Assigned Annual Special Tax computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Annual Special Tax applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City. .,.-.. 3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds. The product shall be the "Bond Redemption Amount". 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption Premium. " 5. Compute the Future Facilities Cost. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5. to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds. ~ City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004, 2- / P.CiENDA ITEM NO...~_.~= pJWEa.!:1l.0F 101 .i 8. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest call date for the Outstanding Bonds. ......, 9. Subtract the amount computed pursuant to paragraph 8 from the amount computed pursuant to paragraph 7. This difference is the "Defeasance Cost." 10. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 11. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than o. 12. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit. ""'" 13. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9, and 11 shall be deposited into the appropriate fund as established under the bond indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2004-1. With respect to Special Tax obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records ofCFD No. 2004-1 that there has been a prepayment ofthe Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days ofreceipt of such prepayment to indicate the prepayment of the Special Tax obligation and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. "-'" City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 AQENDA~MN()..2-- )'-"~" PAQ~~OF 10 I , ~ SECTION H PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX The Special Tax obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H. below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax obligation would be prepaid. The Partial Prepayment Amount shall be calculated according to the following formula: PP = ((Po -A) x F) + A The terms above have the following meanings: PP = the Partial Prepayment Amount. Po = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax obligation. A= the Administrative Fees and Expenses calculated according to Section G. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall indicate in the ~ records ofCFD No. 2004-1 that there has been a partial prepayment of the Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax obligation, to indicate the partial prepayment of the Special Tax obligation and the partial release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Annual Special Tax shall be levied on all Assessor's Parcels subject to the Annual Special Tax. If any delinquent Annual Special Taxes remain uncollected prior to or after all Bonds are retired, the Annual Special Tax may be levied to ,.... City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 AGENDA ITEM N~. 21 "'-c' PAeie If/9 . Of --10/ _ the extent necessary to reimburse CFD No. 2004-1 for uncollected Annual Special Taxes associated with the levy of such Annual Special Taxes, but not later than the 2042-43 Fiscal Year. ......" SECTION J EXEMPTIONS The City shall classify as Exempt Property (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (iii) other types of public uses determined by the City Council, (iv) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, (v) Assessor's Parcels which are used as places of worship and are exempt from adva/orem property taxes because they are owned by a religious organization, or (vi) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, provided that no such classification would reduce the sum of all Taxable Property to less than 13.43 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 13.43 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 13.43 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F. '-'" At such time an Assessor's Parcel must be classified as Provisional Developed Property, the following hierarchy shall be used to determine which Assessor's Parcel will be taxed to ensure that the Taxable Property is not less than 13.43 acres: First, an Assessor's Parcel as designated in (vi) above Second, an Assessor's Parcel as designated in (v) above Third, an Assessor's Parcel as designated in (iv) above Fourth, an Assessor's Parcel as designated in (iii) above Fifth, an Assessor's Parcel as designated in (ii) above Sixth, an Assessor's Parcel as designated in (i) above SECTION K APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative( s) of CFD No. 2004-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of '-' City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 AGEN~a"~~INO.2- / PAG~ 100 OF 101 levy), but an adjustment shall be made to the Annual Special Tax on that Assessor's Parcel in the ,..... subsequent Fiscal Year(s). SECTION L MANNER OF COLLECTION The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2004-1 may collect Annual Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. r--- ,..... City of Lake Elsinore Community Facilities District No. 2004-1 March 15,2004 .-. J...." AOENDA mM N6..c...... ..A_ PR. 1101 OF jO / CITY OF LAKE ELSINORE REPORT TO CITY COUNCILIREDEVELOPMENT AGENCY ~ TO: HONORABLE MAYOR, CITY COUNCIL, AND REDEVELOPMENT AGENCY FROM: RICHARD J. W A TENP AUGH, CITY MANAGER/EXECUTIVE DIRECTOR DATE: CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING OF APRIL 27, 2004 SUBJECT: EAST LAKE SPECIFIC PLAN AMENDMENT NO.6, GENERAL PLAN AMENDMENT NO. 2003-04, TENTATIVE TRACT MAP NO. 31920, AMENDED DEVELOPMENT AGREEMENT, AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR EAST LAKE SPECIFIC PLAN AMENDMENT NO.6 APPLICANT Laing Homes 31900 Mission Trail Suite 225 Lake Elsinore, CA 92530 ,..-.. Attention: Mr. Mike Filler REQUEST Request that the City Council consider the following applications: 1. East Lake Specific Plan Amendment No.6 2. General Plan Amendment No. 2003-04 3. Tentative Tract Map No. 31920 4. Amended Development Agreement 5. Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No.6 RECOMMENDATION The Planning Commission, at its April 6, 2004 meeting, approved the above applications, subject to modifications. The applicant at the meeting requested an amendment to the project's land use plan, which redesignates an 11.7-acre area from "Residential 4 (attached multi-family residential)" to "General Commercial". This particular area is located along Malaga Road, directly across the Lake Elsinore Diamond Stadium and presently operates as the overflow parking area for the stadium. ~ A\~,FNDA ,tTEM ftO. PAGE, i a.:J. OF 3 REPORT TO CITY COUNCILIREDEVELOPMENT AGENCY APRIL 27, 2004 PAGE 2 SUBJECT: EAST LAKE SPECIFIC PLAN AMENDMENT NO.6, GPA NO. 2003-04, TTM NO. 31920, AMENDED DEVELOPMENT AGREEMENT, AND SEIR FOR EAST LAKE SPECIFIC PLAN AMENDMENT NO.6 ""'" Staff requests that the City Council's consideration of the applications be continued to May 11,2004. This will allow staff to adequately evaluate the requested land use change and accordingly, revise the Supplemental Environmental Impact Report. The applicant, in their attached letter, concurs with the requested continuance. It is also recommended that the Redevelopment Agency concur with City Council's action. PREPARED BY: Duane Morita, Senior Planner REVIEWED BY: Arin 0 G. Villa, Planning and Code Enforcement Manager APPROVED BY: ""'" ob Brady Community Develo ment Director APPROVED FOR AGENDA LISTING: '-" AOF1NDA ITEM NO. :J~ PAGE <Q OF S JII.I!ilQ; - ~'---" ,....,) ",-. John Laing Homes Hand crafted since 1848 April 19, 2004 Honorable Mayor Thomas Buckley Mayor of the City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Re: City Council Hearing on April 27, 2004 East Lake SPA No.6; GP A No. 2003-4; TTM No. 31920; ADA; and SEIR for East Lake Specific Plan Amendment No.6 Dear Mayor Buckley: Pursuant to the above referenced item, please be advised that we were notified of a request by Staff for a continuance of said item until the next City Council Hearing. "'"" Please consider this letter as our concurrence with said request for a continuance, in order for Staff to update their Staff Report pursuant to a minor land use change which was the result of a last minute meeting held with Impact Capital regarding our proposed project and the adjacent Stadium. Thank you for your consideration of this matter. Michael A. Filler Vice President ",-. ~CENOA ITEM NO. ~ fl PACE ~ OF 5 31900 Mission Trail Suite 225 Lake Elsinore CA 92530 tel 909-245-9075 fax 909-245-2270 www.johnlainghomes.com d>. ,\ "...... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR & CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: April 27, 2004 SUBJECT: Nuisance Abatement Board BACKGROUND At the last City Council Meeting you addressed the format of the Nuisance Abatement Board and decided to retain the regulation allowing the City Manager to appoint members to the Board and changed their regular meeting day and time. Also at that meeting you requested scheduling of the Board appointments for this meeting. RECOMMENDATION r-- Provide recommendations for appointments to this Board for action by the City Manager. PREPARED BY: i.JlA_ U VICKI KASAD, CMC, CITY CLERK APPROVED FOR AGENDA LISTING: RICHARD J. W A "...... AaENDA ITEM NO. 3' ... PAGEl. OF--L- ,..... CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: DICK WATENPAUGH, CITY MANAGER DATE: APRIL 27, 2004 SUBJECT: COMMUNITY MEETING/TERRA COTTA BACKGROUND The City Council at the April 13, 2004, City Council meeting requested staff set up a Community Meeting at Terra Cotta Middle School to address vandalism on the west end of the City. DISCUSSION Staff has scheduled May 10, 2004, from 6:00 p.m. to 8:00 p.m. at Terra Cotta Middle School for a Community Meeting regarding vandalism on the west end of the City. Staffwill provide door hangers and a press release, both attached, as notification to the residents. ,,-.... FISCAL IMPACT Minor. RECOMMENDATION It is recommended the Mayor and City Council ratify the date of May 10, 2004, from 6:00 p.m. to 8:00 p.m. as a Community Meeting to address vandalism on the west end of our City. PREPARED BY: DICK WATENPAUGH, CITY MANAGER APPROVED FOR AGENDA BY: -J1L~~~ ~ t:';.J; r:!(}. 31 ".,..:,::.~""",:,", / ~~~ S- ~ . ,. :_._.._..~~..~,.".t~ Public Meeting Notice Join LEPD and City officials for a neighborhood Town Hall meeting to discuss public safety issues. Meeting is open to the public. Date: Monday, May 10, 2004 Time: 6:00 p.m. - 8:00 p.m. Place: Multipurpose Room Terra Cotta Middle School 29291 Lake Street The City of Lake Elsinore City Council has made public safety its number one priority. Come meet your police chief and city representatives to learn what the City and LEPD are doing to fight crime in Lake Elsinore. Bring your questions and share your ideas for curbing crime, vandalism, and graffiti so our neighborhoods stay safe and attractive. For information call the City Manager's Office: 909.674.3124, extension 204. ......" Public Meeting Notice Join LEPD and City officials for a neighborhood Town Hall meeting to discuss public safety issues. Meeting is open to the public. Date: Monday, May 10, 2004 Time: 6:00 p.m. - 8:00 p.m. Place: Multipurpose Room Terra Cotta Middle Schobt" 29291 Lake Street The City of Lake Elsinore City Council has made public safety its number one priority. Come meet your police chief and city representatives to learn what the City and LEPD are doing to fight crime in Lake Elsinore. Bring your questions and share your ideas for curbing crime, vandalism, and graffiti so our neighborhoods stay safe and attractive. For information call the City Manager's Office: 909.674.3124, extension 204. ......" ~,g,o. "1 ~ _ f'~'~_~..S:;.f - "'"'" ;'11,,'; {:~i,I:( ! :-'11~1i~i'fi[jit~~'[~ d!~~'^J~~. ~~t~l'~~~Y?:;<~ ) ~:~~~::,::~% ~;r=: : i~! :T'TJU"J~;':::'""i,:ij~, t~~'-/,. 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P.'''#,!''1lle 3 r.j'%~ "'-" ().~ qt',1 ".. ~~~ ....., NEWS RELEASE RELEASE DATE: IMMEDIATELY DATE: Wednesday, April 21, 2004 CONTACT: MarkDennis PHONE: (909) 674-3124, ext. 207 EMAIL: mdennis@lake-elsinore.org Citizens invited to discuss vandalism. crime prevention Torn Ranch Neighborhood Town Hall Meeting on May 10 LAKE ELSINORE "Tom Ranch" area residents are invited to meet with LEPD and City officials to discuss crime prevention in one of the City's newest neighborhoods. This town hall meeting is set for Monday, May 10,6:00 p.m. to 8:00 p.m., in the multipurpose room at Terra Cotta Middle School, 29291 Lake Street. It is open to the public. ....., The City Council has made public safety its top priority. The May 10 meeting marks the second public safety forum in response to citizen concerns. A new Public Safety Advisory Commission has been appointed to promote public safety. Also, the City's police and fire budgets have been increased substantially to keep pace with growth. As a meeting reminder, the City will distribute door hanger notices to approximately 350 homes in the Tom Ranch area bounded by Lincoln Street, Grand Avenue, Terra Cotta and W ashington Avenue. For more information, please call Mark Dennis at 674-3124 ext 207. ### ....., f,3"':"F,""""'~, 1","~,C~ [0";) 3" , ""'''''''''''.'''' "L"'"'''' ',:. ',' cJ-. ...W,WC-1a'.J.O<:;,;.'~ 1i'-;;; ~.... -, '. .__ ~~.. If".,,'!f"------ 1f;r'.\J.'iX ''''''J''' ...::> ~-,~ ~,,,.;.:;,,,,;,.,- , ~ City of Lake Elsinore Display Advertisement: "Terra Cotta Meeting Notice" Run Date: Sunday, May 2, 2004 publication: The Press-Enterprise Size: 2 column x 6 inches rev 4/22/2004 Town Hall Meeting Notice Torn Ranch area residents are invited to join LEPD and City officials for a neighborhood Town Hall meeting to discuss public safety issues and concerns. Open to the public. Date: Monday, May 10, 2004 Time: 6 p.m. - 8 p.m. Place: Multipurpose Room Terra Cotta Middle School 29291 Lake Street The City of Lake Elsinore City Council has made public safety its number one priority. Come meet your police and City representatives to learn more about crime prevention. For meeting information call the City Manager's Office: 909.674.3124, extension 204. ~ (City logo) ,-..... ACENDA ITEM NO. PACE S 31- OF S .~ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD WATENPAUGH, CITY MANAGER DATE: APRIL 27, 2004 SUBJECT: USE OF CITY'S LOGO BACKGROUND Earlier this month, a representative from Lake Elsinore Little League called staff to request the use ofthe city's logo on their All Star jackets. These jackets would be worn by the players on the All Star teams that play in tournaments throughout the months of June and July. Approximately 45 players plus coaches make up the three All Star teams that will represent Lake Elsinore Little League. DISCUSSION ~ Both the city logo and the RDA logo have copyrights. This is the first request staff has received for use of the city logo on apparel other than city staff uniforms, jackets and hats or city sponsored event apparel such as the Unity in the Community 5K Walk/Run t-shirt. FISCAL IMPACT No fiscal impact. RECOMMENDATION Staff recommends that City Council consider the request from Lake Elsinore Little League for use of the city's logo on their All Star jackets. PREPARED BY: APPROVED BY: APPROVED FOR ~ AGENDA LISTING: ACENDA ITEM NO. PACE I 33 OF ..:l .....", City of Lake Elsinore Memorandmn To: Richard Watenpaugh, City Manager From: Teri Fazzio, RecreationfTourism Manager j&' Date: 4/12/2004 Re: Use of City Logo A representative from Lake Elsinore Little League called to day to ask for permission to use the city's logo on their All Star jackets. I haven't had a request for use of our logo on apparel for private use. Should this go to the City Attorney or can it be approved through your office? Thank you for your direction. ......, C Assistant City Manager Director of Community Services ......, 1 AGENDA ITEM NO. PAce ~ ~3 OF ~ """ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: DICK WATENPAUGH, CITY MANAGER DATE: APRIL 27, 2004 SUBJECT: POLICY/CITY TREASURER DUTIES BACKGROUND The Mayor and City Council at a Study Session on March 25, 2004, discussed the current City Policy regarding the duties ofthe City Treasurer and duties in the City Municipal Code regarding the City Treasurer's duties. DISCUSSION Following the City Council Study Session of March 25, 2004, regarding the City Treasurer's duties, the City Council appointed a subcommittee of Councilman Magee, Councilwoman Kelley and City Treasurer Weber to evaluate the discussion from the Study Session and rewrite the City's policy regarding the City Treasurer's duties. ,-.. Attached for City Council discussion and review is the subcommittee's recommendation to clarity the City Treasurer's duties. In addition, per the City Council and the subcommittee's request, staff is moving forward with a system of lights and switches that will allow not only the City Treasurer, but also the Council members to notify the Mayor they wish to speak. This should eliminate the interruptions. . FISCAL IMPACT The cost to implement the new policy is merely the cost to print and replace the policy in the Policy Manuals. The cost to implement the notification system for the Treasurer and Council will be nominal, however, the cost is not known at this time. RECOMMENDATION It is recommended the Mayor and City Council approve the proposed policy for the City Treasurer's duties. APPROVED FOR AGENDA BY: PREPARED BY: DICK W ATENP AUGH, CITY MANAGER ~~MDlftfI2E ~ p~ / 31 r.:it 3 \~;; .. I~wl! rr~z~~ f~{). CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: City Treasurer Duties Policy No. 200-7 Effective Date 10-10-89 Page No.1 of 2 BACKGROUND The City Treasurer is elected to a four (4) year term. The previous policy was vague and restrictive and it is the intent ofthe City Council to better define the opportunities and limitations of this position. GUIDELINES FOR INTERACTION WITH CITY STAFF The Treasurer may not direct City Staff, but shall be permitted to coordinate any requests for staff or consultant time and/or materials (i.e. copies of documents) through the City Manager or his/her designee (i.e. Assistance City Manager, Director of Administrative Services, etc.). The Treasurer shall use good judgment when contacting staff and requesting time and materials from them. Said requests must be made in the best interest of the community and the City Manager shall be responsible to inform the City Council of these requests. Furthermore, the City Manager shall seek direction from the City Council if such requests for time conflict with other City Council priorities. The Treasurer, City Staff and City Council shall work together as a team to promote openness and trust in the area of Public Finance. POLICY The City Council hereby establishes the following guidelines for the Office of City Treasurer. 1) The City Treasurer should appoint the City Manager as the Deputy Treasurer. 2) The Administrative Services Director performs the day-to-day duties related to the collection, custody and disbursement of funds in compliance with State Statutes. ft.{l. F~ 'L ,,;:.~, , - '-'" "-'" '-'" 34 O~ :3 ,....... 3) The City Treasurer shall be kept currently apprized by the Administrative Services Director of City budget audits, etc. prior to adoption of the City's financial transactions and be in the distribution flow of financial reports. 4) The City Treasurer may be available for consultation with City Staff in areas of treasury management as necessary. 5) The Treasurer shall be included as a member ofthe City's Finance Team and shall be invited to attend Finance Team meetings. 6) The treasure shall be provided access to annual and capital budget information upon reasonable request to the City Manager. 7) The Treasurer shall be responsible for compliance with the City Council Policy manual as well as the Lake Elsinore Municipal Code. 8) The Treasurer shall have similar rights and responsibilities at public meetings. The Treasurer shall observe the council policy on decorum and must be recognized by the mayor/meeting chair before speaking. 9) The Treasurers department budget shall be set annually by the City Council. The Treasure may not expend funds on behalf of the City without the prior consent of the City Council. ",-.. 1 0) The Treasurer shall upon reasonable request to the City manager be allowed access to Redevelopment Agency, Public Finance Authority and Recreation Finance Authority records, budgets and financial statements. 11) Should the Treasurer wish to issue a press release, said release shall be coordinated with City Staff and shall comply with the City Council Press Release Policy (#400-6). 12) The Treasurer shall be required to attend all regularly scheduled City Council meetings and Study Sessions consistent with City Council Policy #200-1, unless other wise excused by the City Manager. 13) The Treasure shall have the opportunity (but not the obligation) to comment at each City Council meeting under the section of the City Council agenda designated "Treasures Comments" as amended by City Council Policy #1 00-4a. ",-.. Approved: October 1 0, 1989 Draft/Revision: April 6, 2004 ~",." 31 t"l 1';.;:}-1.,;I.....;... "," ~,.."'jO' ") J 'r;''''''' .,.f. -..:) , ,.,.- " ''*' "~'~---..-=-,...,..5:i;:~"~. ~ ., ,,-.. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. W ATENP AUGH, CITY MANAGER DATE: APRIL 27,2004 SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF LAKE ELSINORE CONCERNING IMPLEMENTATION OF THE WESTERN RIVERSIDE COUNTY MULTISPECIES HABITAT CONSERVATION PLAN and RECONSIDERATION OF THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY BACKGROUND ~ As an affirmative measure towards implementation of the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), the City Council approved on January 13, 2004, the following documents: (1) CEQA Findings Resolution; (2) Implementing Agreement; (3) Implementation Resolution; and (4) Joint Powers Agreement ("MSHCP Documents"). In order to address a number of issues raised by the City's approval of the MSHCP Documents, the City Council did not take action on the MSHCP Fee Ordinance, opting instead to visit the fee ordinance at a future date. While the CEQA Resolution and the Implementation Agreement were approved in the form submitted by the County of Riverside, several substantive revisions were made to the Implementation Resolution and the Joint Powers Agreement as approved by a 4-to-1 vote of the City Council at the January 13, 2004 hearing. During the public hearing, several assurances were provided to the City by and through the oral testimony of County Supervisors, County staff, and resource agency representatives. Specifically, in light of the fact that the City did not yet adopt a fee ordinance for the MSHCP, county representatives stated that it would be prudent to coordinate a County response to the City's revisions to the MSHCP Documents during the interim period while the City is still addressing the MSHCP Fee Ordinance. Pursuant to City Council direction provided at its March 23, 2004 meeting, a Council subcommittee comprised of Mayor Buckley and Councilmember Schiffner together with the City Manager and City Attorney met with representatives of the County to discuss the City's issues concerning adoption and implementation of the MSHCP. As a result of that meeting, the parties have prepared a Memorandum of Understanding (MOD). ~ Staff Report - MSHCP Implementation Status.042I 04MOU/JP A 1 4/22/2004 -? S AOENOA ITEM NO. ~ PACE~OF~qa DISCUSSION ....., The MOD provides for County assistance to the City and agreement by the County to work toward and advocate certain language refinements in the Joint Powers Agreement and certain policies and implementation measures in connection with the MSCHP. Specifically, the MOD provides for the following type of County assistance: 1) technical assistance with future Criteria Requirements; 2) assist the City and local property owners to (a) determine consistency of projects with the MSHCP and (b) to develop the criteria and findings necessary for the City to make a determination that the MSHCP conservation objectives within City boundaries have been met; and 3) biological, legal and technical expertise to the City in its implementation of the MSHCP and assist City Staff in the initial development of the Lake Elsinore Acquisition Process, the City equivalent of the HANS process. By nature of joint powers authority, the City's revisions to the Joint Powers Agreement (JPA) will require acknowledgment and ratification by all other participating cities and the County in order to be effective. Because the City has not approved nor authorized execution of the JP A as entered into by the other members, the City has been denied voting participation at the Western Riverside County Regional Conservation Authority (RCA) meetings. The proposed MOD provides that the County will use reasonable efforts to advocate and work with the RCA to revise ....., the Indemnification provisions of the JP A, language regarding the make-up of the Funding Coordination Committee, and the Voting and Quorum provisions. County cooperation is also promised in clarifying what types of actions are subject to MSHCP and to establish a policy to prevent disproportionate acquisitions of habitat properties within the region. The draft MOD was prepared by the County and presented for consideration to the City Manager and City Attorney. Responsive comments were sent to the County and the parties are working together to finalize the proposed MOD which will be distributed to the City Council as soon as possible prior to the April 27, 2004 City Council meeting. Given the County's willingness to work with the City to address the City's concerns in connection with MSHCP implementation, the City Council may wish to reconsider approval of the JP A in the form submitted by the County and approved by the other members. A copy of the form JP A is attached to this Report. By authorizing execution of the JP A, the City will gain voting participation in the RCA. As a voting member, the City can advocate and support modifications to the JP A. In the event the City is unable to obtain sufficient support from JP A members to adequately address the City's objections/concerns, the City retains the authority to withdraw from the JP A upon 90 days notice to the other members. In the event the City is satisfied with the response to its issues, the City may consider amending its Resolution establishing procedures and requirements for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan to reflect modifications to the ....., 2 4/22/2004 AOENOA ITEM NO. 35 PACE~OF_.~- <. Staff Report - MSHCP Implementation Status.042I 04MOU/JPA ,..... Saul's/HELIX "Western Riverside County Multiple Species Habitat Conservation Plan Implementation Review" Report and specific policy issues to be addressed by the RCA. As a participating member of the RCA, the City will also notice for consideration adoption of a MSHCP Fee Ordinance. FISCAL IMPACT Uncertain. RECOMMENDATION It is recommended that the Mayor and City Council: (1) approve the proposed MOU and authorize the Mayor to execute on behalf the City; (2) in reliance on the County's agreements set forth in the MOU, approve the JPA and authorize the Mayor to execute on behalf of the City with the understanding that the City's concerns regarding MHSCP and its implementation have not been adequately addressed and that the City will continue to advocate modifications as it deems necessary and appropriate. PREPARED BY: APPROVED FOR AGENDA BY: B1l~ORNEY CITYMANAGER'S ~ - "....... ,..... 3 AGENDA ITiM/NO! PACE 3 3S OF ~:J- Staff Report - MSHCP Implementation Status.042I 04MOU/JPA 1 JOINT EXERCISE OF POWERS AGREEMENT CREATING THE WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY 2 3 4 This Joint Powers Agreement dated this day of , 2003, is made by and 5 between the COUNTY OF RNERSIDE, hereinafter sometimes referred to as "County", and the Cities of 6 BANNING, BEAUMONT, CALIMESA, CANYON LAKE, CORONA, HEMET, LAKE ELSINORE, 7 MORENO VALLEY, MURRIETA, NORCO, PERRIS, RNERSIDE, SAN JACINTO and TEMECULA, 8 hereinafter sometimes referred to as "Cities", for the purpose of acquiring, administering, operating and 9 maintaining land and facilities for ecosystem conservation and habitat reserves for certain rare, 10 threatened and endangered species covered by the Western Riverside County Multiple Species Habitat 11 Conservation Plan, hereinafter referred to as the "MSHCP". 12 RECITALS 13 WHEREAS, the Cities and the County, hereinafter sometimes jointly referred to as "Parties", are 14 authorized and empowered to contract with each other for the joint exercise of powers pursuant to Artid 15 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code ofthe State of 16 California, hereinafter referred to as "the Act"; and 17 WHEREAS, the County and the Cities each have the authority and power to prepare and 18 implement habitat conservation plans for the protection of rare, threatened and endangered species, and to 19 acquire, own, maintain and operate habitat reserves for such species in connection with said habitat 20 conservation plans; and 21 WHEREAS, the formation of a single public agency would most efficiently serve the interests of 22 the County and Cities by allowing the County and the Cities to jointly exercise the aforementioned 23 powers; and 24 WHEREAS, the County in consultation with the Cities has prepared the MSHCP; and 25 WHEREAS, the County and the Cities desire to organize themselves pursuant to this Joint Powers 26 Agreement, hereinafter referred to as the "Agreement", to implement the MSHCP should the MSHCP 27 ultimately be approved by the County and Cities; and 28 WHEREAS, it is intended that the activities ofthe public agency formed pursuant to this ACENOA ITEM NO.~ __3S_ PACE~OF d.~ ~ ~ 1 Agreement shall be coordinated with the Western Riverside Council of Governments, hereinafter 2 referred to as "WRCOG". 3 NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter 4 stated, the Parties hereto agree as follows: 5 Section 1. Purpose. The purpose of this Agreement is to create a public agency to acquire, 6 administer, operate and maintain land and facilities to establish habitat reserves for the conservation and 7 protection of species covered by the MSHCP and to implement the MSHCP in the event the MSHCP is 8 approved by the County and Cities and appropriate permits are issued by the U.S. Fish and Wildlife 9 Service and the California Department ofFish and Game. 10 Section 2. Creation of the Authoritv. Pursuant to the Act, there is hereby created a public 11 agency to be known as the "Western Riverside County Regional Conservation Authority", hereinafter 12 referred to as the "RCA". The RCA shall be a public agency, separate and apart from its members, and as 13 provided by law and not otherwise prohibited by this Agreement, shall be empowered to take such actions r-- 14 as may be necessary or desirable to implement and carry out the purposes of this Agreement. 15 Powers. In carrying out the purpose of this Agreement, the RCA shall have the Section 3. 16 following powers: 17 18 19 To make and enter into contracts; A. B. C. To employ agents, consultants, attorneys and employees; To acquire property, and any interest in property, both real and personal by purchase, gift, 20 option, grant, bequest, devise or otherwise, and hold and dispose of such property; 21 D. To conduct and direct studies and to develop and implement plans to complement, modify 22 or supplement the MSHCP; 23 24 25 To incur debts, liabilities, and obligations; E. F. To sue and be sued in its own name; G. To employ reserve managers and other personnel to operate, maintain, and administer the ~26 habitat reserves established through implementation of the MSHCP; 27 To be an applicant, make applications for, and receive grants from governmental and H. 28 private entities and to participate in State bond issues; 2 ACENDA ITEM NO. PACE 5 OF 1 I. To prepare project reports and applications, to qualify for grants, and to enter into grant 2 contracts and to do all other things necessary to compl~ with State and Federal laws and regulations with 3 respect to grants; 4 J. To borrow or receive advances of funds from its members or from such other sources as 5 may be permitted by law; 6 K. To contract with its members and other entities who operate or will operate the habitat 7 reserves established through implementation of the MSHCP; 8 L. To issue bonds, notes, warrants and other evidences of indebtedness to finance costs and 9 expenses to carry out the powers of the RCA; 10 11 M. N. To acquire, hold, and dispose of equipment; To lobby state and federal governments and their officials as well as private entities to 12 obtain funding for implementation of the MSHCP and employ individuals or entities to conduct such 14 o. 13 lobbying activities on its behalf; and To exercise all other powers common to the members not specifically mentioned above 15 which may be necessary to carry out the purposes of this Agreement. 16 Section 4. Term. The term ofthis Agreement shall commence upon approval and execution 17 by the County and at least one ofthe fourteen Cities who are Parties to this Agreement and shall continue 18 until terminated by the Parties hereto by their mutual written consent as set forth in Section 5 of this 19 Agreement. 20 21 A. Section 5. Termination. Withdrawal and Amendment. This Agreement shall be automatically terminated and considered null and void in the 22 event the MSHCP is not approved by the County and the Cities or appropriate permits are not issued by 23 the U.S. Fish and Wildlife Service and the California Department ofFish and Game. 24 B. Any Party to this Agreement may withdraw for any reason upon giving all other Parties 25 sixty (60) days advance written notice of the effective date of such withdrawal. This Agreement shall 26 thereupon be deemed automatically amended to reflect the withdrawal of said Party from the RCA and 27 this Agreement. Upon withdrawal of any Party from the RCA and this Agreement, the withdrawing Part 28 shall not receive any distribution, partial or otherwise, of any cash or other assets of the RCA. 3 AGENDA ITEM NO. PACE Co 35 Of ~1. ,...... 4 5 6 7 8 9 10 11 12 13 /"" 14 1 C. Provided there is mutual consent by the governing bodies of each of the Parties to this 2 Agreement, evidenced in writing, this Agreement may be: (1) amended to add new Parties; or (2) 3 amended to change any portion of this Agreement. D. The Parties to this Agreement specifically agree that this Agreement creates an entity which may acquire or hold property. Pursuant to California Government Code Sections 6511 and 6512, upon completion ofthe purposes of this Agreement or upon termination thereof, any property or assets acquired or surplus money on hand which was obtained pursuant to this Agreement and which is not required by law or contract to be distributed in a different manner, may be returned to the then Parties to the Agreement in proportion to the contributions made or in the alternative may be transferred to any local, state, federal or private entity who agrees to assume the duties and obligations of the RCA. However, any distribution of assets shall be subject to the prior discharge of enforceable liability against the RCA. Subject to the foregoing, each Parties proportionate share shall be based upon each Parties contributions to the RCA submitted to the RCA in accordance with Sections 17.A. and B. below. Section 6. ReA Board and Membership. This Agreement and the authority hereby 15 16 17 18 19 20 21 created shall be administered by the governing body of the RCA which shall be known as the "Board of the Western Riverside County Regional Conservation Authority" hereinafter referred to as the "Board". The Board shall be composed of five members of the Riverside County Board of Supervisors and the WRCOG Executive Committee member from each City who is signatory to this Agreement who shall serve as regular members. Each member ofthe Riverside County Board of Supervisors may appoint an alternate member and each City may appoint one alternate member. Each regular member and alternate member of a City must hold an elective office on the respective governing body appointing the regular or 22 alternate member. In the absence of a regular member, the alternate member shall, if present, participate 23 in a meeting of the Board the same as ifthe alternate member were the regular member. 24 Regular members and alternate members shall serve on the Board during the term for which they 25 were appointed or until their successor has been appointed or their appointment has been revoked, ,......26 whichever is earlier. However, a regular or alternate members position on the Board shall automatically 27 terminate if and when the term of the elected public office of such regular or alternate member is 28 terminated. When a vacancy occurs, it shall be the duty of the respective Party having the vacancy to AGENDA ITEM NO. '35 PAGE 7 4 OF 1 promptly inform the Board ofthe name ofthe replacement regular or alternate member. 2 Regular members and alternate members, if participating in a meeting of the Board on behalf of a 3 regular member, shall be entitled to compensation for participation in meetings ofthe Board and 4 necessary traveling and personal expenses incurred in the performance ofthe member's duties as 5 authorized by the Board. Such compensation shall be fixed by resolution of the Board. 6 7 Section 7. Meetines of the ReA Board. Meetioes. The Board shall establish the time and place for its regular and special A. 8 meetings. The dates, hour and location of regular meetings shall be fixed by resolution of the Board and a 9 copy of such resolution shall be provided to the governing body of each of the Parties and with each 10 Party's designated regular and alternate member. Special meetings and adjourned meetings may be held 11 as required or permitted by law. 12 All regular and special meetings shall be held, to the extent feasible, on the same dates as meetings 13 of the Executive Committee of the WRCOG are held. 14 B. Ralph M. Brown Act. All meetings of the Board, including without limitation, 15 regular, special and adjourned meetings, shall be called, noticed, held and conducted in accordance with 16 the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California 17 Government Code). 18 C. Quorum and V otine. A majority of the members of the Board shall constitute a 19 quorum for the transaction of business and all official acts ofthe Board shall require the affirmative vote 20 of a majority of the members of the Board. Each regular member or alternate member acting in the place 21 of a regular member shall have one vote at meetings of the Board. 22 D. Once the lower range of estimated conservation of habitat on private lands is 23 fulfilled within the City of Lake Elsinore (i.e., upon MSHCP acquisition of 4,830 acres of private land 24 within the City of Lake Elsinore), habitat acquisition funds through the HANS process, imposition of the 25 MSHCP Fee, or funding otherwise provided through the MSHCP or RCA, shall only be permitted for 26 acreage acquisition in the City of Lake Elsinore if both of the following are fulfilled: 1) the proposed 27 acquisition and/or funding is submitted to the Funding Coordination Committee for approval and the Cit 28 of Lake Elsinore representative (or majority of representatives present) votes affirmatively to authorize ACENDA iTEM NO. 3S PAC~Lof 5 -2 ;""'" 1 2 3 4 5 6 7 8 9 10 11 12 13 ;""'" 14 15 16 17 18 19 20 21 22 23 24 25 ;"""'26 27 28 RCA approval ofthe acquisition and/or funding, and; 2) the City of Lake Elsinore representative to the RCA votes affirmatively to approve the acquisition and/or funding. E. The Board may adopt, from time to time, such rules and regulations for the conduct of its meetings and affairs as it may deem necessary, including, without limitation, the designation of a person to record and transcribe the minutes of each public meeting of the RCA. Section 8. Officers. The Board shall select a Chairperson and a Vice-Chairperson at its first meeting and at the first meeting held in each succeeding calendar year. Additionally, at its first meeting and at the first meeting held in each succeeding calendar year shall, the Board shall select any other officers it deems appropriate. In the event an officer resigns or ceases to be an officer, the Board shall select a replacement therefore at the next regular meeting ofthe Board. In the absence or inability ofthe Chairperson to act, the Vice-Chairperson shall act as Chairperson. A. Treasurer. The treasurer of a member agency shall serve as the treasurer of the RCA. The Board pursuant to the adoption of a resolution shall appoint the treasurer of a member agency to serve as the Treasurer. The Treasurer shall have the custody of the RCA money and disburse RCA funds pursuant to the accounting procedures developed in accordance with the provisions of this Agreement, the Act, and with those procedures established by the Board. The Treasurer shall assume the duties described in Section 6505.5 ofthe Government Code, namely: receive and receipt for all money of the RCA and place in the Treasury of the Treasurer to the credit of the RCA; be responsible upon an official bond as prescribed by the Board for the safekeeping and disbursement of all RCA money so held; pay, when due, out of money of the RCA so held, all sums payable, only upon warrants of the officer performing the functions of the Controller who has been designated by the RCA or Board; verify and report in writing on the first day of July, October, January and April of each year to the RCA the amount of money held for the RCA, the amount of receipts since the last report, and the amount paid out since the last report; and perform such other duties as are set forth in this Agreement or specified by the Board. B. Controller. The Finance Director of a member agency shall serve as the Controller of the RCA. The Board pursuant to the adoption of a resolution shall appoint the finance director of a member agency to serve as the Controller. The Controller shall draw warrants to pay demands against the RCA when such demands have been approved by the Board or by any other person 35 OF J/J~ 6 ACJ:NDA ITEM NO. PACE q 1 authorized to so approve such by this Agreement or by resolution of the Board. The Controller shall 2 perform such duties as are set forth in this Agreement and such other duties as are specified by the Board. 3 There shall be strict accountability of all funds and reporting of al receipts and 4 disbursements. The Controller shall establish and maintain such procedures, funds and accounts as may 5 be required by sound accounting practices, the books and records of the RCA in the possession of the 6 Controller shall be open to inspection at all reasonable times by representatives of the Parties. 7 The Controller, with the approval of the RCA, shall contract with an independent certified 8 public accountant or firm or certified public accountants to make an annual audit of the accounts and 9 records of the RCA, and a complete written report of such audit shall be filed as public records annually, 10 within six (6) months of the end of the fiscal year under examination, with each of the Parties. Such 11 annual audit and written report shall comply with the requirements of Section 6505 of the Government 12 Code. The cost of the annual audit, including contracts with, or employment of such independent 13 certified public accountants in making an audit pursuant to this Agreement shall be a charge against any 14 unencumbered funds ofthe RCA available for such purpose. The Board by unanimous vote, may replac 15 the annual audit with a special audit covering a two-year period. 16 Section 9. MSHCP Advisory Committee. Within thirty (30) days after issuance ofthe 17 permits by the U.S. Fish and Wildlife Service and California Department ofFish and Game for the 18 MSHCP, the Board shall form an MSHCP Advisory Committee. The MSHCP Advisory Committee shall 19 consist ofthe Riverside County Habitat Conservation Agency (RCHCA) Board of Directors and one 20 representative from each City who is not a member ofthe RCHCA. Within six (6) months of execution 21 of this Agreement, or at any time thereafter, the Board may review the RCA organizational structure 22 established by this Agreement to determine ifit is facilitating MSHCP implementation. 23 Section 10. Executive Director. The Board shall retain an Executive Director to administer 24 the MSHCP in compliance with the duties and responsibilities set forth in Sections 5.0 and 6.0 ofthe 25 MSHCP. As required by the MSHCP, the RCA shall initially contract with the County of Riverside to 26 provide an appropriate department or individual to act as the Executive Director within thirty (30) days of 27 the formation of the RCA. The appropriate department or individual shall be recommended by the 28 County's Executive Officer and considered by the Board. It is understood by the Parties to this AGENDA iTEM NO. PACE 10 3S --4 OF ~ ' 7 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 ~ 14 15 16 17 18 19 20 21 22 23 24 25 ~26 27 28 Agreement that the Board may accept or reject the County Executive Officer's recommendation of an appropriate department or individual to serve as the Executive Director. This contract shall be for an initial term of three (3) years. At least six (6) months prior to the expiration ofthis initial contract term, the Board shall review the County department's or individual's performance as Executive Director. Based upon this review, the Board may elect to extend the contract with the County or select an alternative entity or individual for the Executive Director position upon expiration of the initial term. Section 11. Administrative/Personnel Services. The Board may contract with WRCOG or any other public entity to provide administrative/personnel services to the RCA. Section 12. Monitorine Proeram Administrator. Upon issuance of the permits for the MSHCP by the U.S. Fish and Wildlife Service and California Department ofFish and Game and for a period of eight (8) years thereafter, the California Department of Fish and Game shall serve as the Monitoring Program Administrator for the MSHCP. The Monitoring Program Administrator shall be responsible for implementing the monitoring program contained in Section 5.0 ofthe MSHCP and shall perform all duties and responsibilities as set forth in Sections 5.0 and 6.0 ofthe MSHCP. Thereafter, the Board may elect to have the Department continue acting in the capacity or shall select an alternative individual or entity for this position if the Board determines that the Department cannot adequately perform the duties and responsibilities ofthis position. Section 13. Reserve Manaeers. The Board shall retain at least one Reserve Manager to manage lands owned by the RCA within the MSHCP Conservation Area. This Reserve Manager(s) shall report to the Executive Director and shall perform all the duties and responsibilities set forth in Section 5.0 and Section 6.0 ofthe MSHCP. Additionally, Reserve Managers managing lands owned by any Party to this Agreement that are within the MSHCP Conservation Area shall report to the Executive Director. Section 14. Independent Science Advisors. The Board shall retain, as appropriate, independent science advisors who are qualified biologists and conservation experts with expertise in species covered by the MSHCP and their habitats. Additionally, to the extent feasible, the independent science advisors shall have experience in land management. Independent science advisors shall be retained on an annual basis, shall report to the Executive Director and shall comply with the duties and responsibilities set forth in Section 6.0 of the MSHCP. 8 AGENDA ITEM NO. fACiE II 35 OF ..:J..h..J 1 Section 15._ Fundinf! Coordination Committee. Within one hundred and twenty (120) day 2 after issuance of the permits by the U.S. Fish and Wildlife Service and California Department ofFish and 3 Game for the MSHCP. the Board shall form a Funding Coordination Committee to provide 4 recommendations to the Board on local funding priorities and local MSHCP Conservation Area 5 acquisitions. Members of this committee shall be appointed by the Board and shall consist of. at a 6 minimum. representatives ofthe Parties to this Agreement. the U.S. Fish and Wildlife Service. and the 7 California Department of Fish and Game. The Board shall not appoint more than two County 8 representatives and shall not appoint committee members in a manner that dilutes any City representation 9 to less than 1/1 ih of the total representation ofthe committee. To the extent feasible. members ofthe 10 Funding Coordination Committee shall have expertise in real estate or land use planning and/or 11 experience implementing large scale conservation programs. 12 The Funding Coordination Committee shall make recommendations to the Board through the 13 Executive Director on local land acquisitions and funding priorities. Additionally. this Committee shall 14 provide a forum to discuss land acquisition priorities ofthe U.S. Fish and Wildlife Service and Californi' 15 Department ofFish and Game and acquisitions by other entities using non-local sources of revenue. Once 16 75% of the lower range of estimated habitat conservation has been achieved within the City of Lake 17 Elsinore (3.623 acres). acquisition of private lands within the County and other participating jurisdictions 18 shall be prioritized by the Funding Coordination Committee. The Board shall establish policies under 19 which the Funding Coordination Committee shall make recommendations to the Board. Such policies 20 shall include conflict of interest guidelines for the Committee members. 21 The Planning Directors of each Party to this Agreement shall receive prior notice of all meetings 22 ofthe Funding Coordination Committee. Such notice shall include a meeting agenda and a list of 23 potential acquisition sites. if applicable. The Planning Directors or their designated representatives may 24 participate in Committee meetings, as appropriate. 25 Section 16. Reserve Manaf!ement Oversif!ht Committee. The Reserve Management 26 27 28 Oversight Committee (RMOC) shall be formed within sixty (60) days of the effective date ofthe contract between the RCA and the County concerning the establishment of an Executive Director. The RMOC shall be composed of, at a minimum, one representative appointed by each of the following entities: .';::NDA !TEM NO, . 35 . ~ ..- - ... PAGE. fd-. Of -:L+ ~ 9 ~ "..... 1 2 3 4 5 6 7 8 9 10 11 12 13 ~ 14 15 16 17 18 19 20 21 22 23 24 25 ".....26 27 A. U. S. Fish and Wildlife Service. B. California Department ofFish and Game. C. Riverside County Regional Parks and Open Space District. D. Bureau of Land Management. E. U.S. Forest Service. F. California Department of Parks and Recreation. G. RCA. and H. Up to five (5) other private or public agencies or entities that own or manage land within the MSHCP Conservation Area. The RMOC shall serve as the intermediary between the Reserve Managers and the decision making function ofthe RCA. The Executive Director shall serve as chair of the RMOC. Section 17. Rules and Governine Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The laws of the State of California applicable to the County of Riverside shall govern the RCA in the manner of exercising its powers. subject. however. to such restrictions as are applicable to said city in the manner of exercising such powers. as required by Government Code Section 6509. The Board. at its first meeting or as soon thereafter as may be possible. shall adopt such rules and regulations as the Board may deem necessary for the conduct of the RCA's affairs. Among these rules shall be a conflict of interest code and a purchasing ordinance. The Board may. as it deems appropriate. review and revise these rules and regulations. Section 18. Fiscal Year. The fiscal year of the RCA shall be the period commencing on July 1 of each year and ending on and including the following June 30. Section 19. Contributions/Estimated Budeet. A. Contributions of Development Mitigation Fees. The Parties to this Agreement shall impose a development mitigation fee on all new development to support the acquisition of additional reserve lands pursuant to the MSHCP. All development mitigation fees collected by the Parties shall be forwarded to the RCA within ninety (90) days after receipt by each Party. subject to any specific exception set forth in the ordinances implementing the development mitigation fees for the individual 28 participating cities. The RCA may. in its discretion. conduct an audit of the development mitigation fees 10 AGENDA ITEM NO. 35 PAGE--13-0F :J..~ 1 collected by any Party to this Agreement. Likewise, participating cities may, in their discretion, condu{ 2 an audit of the development mitigation fees forwarded to the RCA and expended by the RCA for property 3 acquisition. 4 B. Other Contributions. The RCA may accept contributions of money or property from the 5 Parties or other individuals or entities including but not limited to contributions from Parties, MSHCP 6 Permittees and Special Participating Entities who obtain take authorization under the MSHCP for public 7 utility, schools, transportation, flood control and other public infrastructure projects. Additionally, a Party 8 may hold and manage its own property as a contribution to implementation of the MSHCP and the 9 MSHCP Conservation Area. Landfill Tipping Fees and Density Bonus Fees collected by the County may 10 be contributed to the RCA on an annual basis subject to the discretion of the Board of Supervisors. 11 C. Use of Contributions. When approved by the Board, revenues received by the RCA, 12 including without limitation, fees and other contributions, shall be used to implement the MSHCP. In 13 addition, the RCA shall reimburse the County for any and all litigation costs, including but not limited to 14 attorneys fees, incurred in defense of any legal challenge concerning the adoption ofthe MSHCP or any 15 related actions as well as any costs incurred to establish the Executive Director and any other necessary 16 staff prior to entering into the contract contemplated in Section 10 of this Agreement. 17 D. Budget. The annual budget for the RCA shall be prepared by the Executive Director. In 18 the alternative, the RCA may contract with WRCOG to prepare an annual budget. The annual budget 19 shall be based on an estimate of the amount of revenue necessary to implement the MSHCP during the 20 ensuing fiscal year and shall consider necessary land acquisition, improvements, maintenance, 21 management, monitoring, administration, and operation costs during the current fiscal year as such costs 22 are set forth in the then current approved budget for the RCA. 23 Section 20. MSHCP Reportint!. Requirements. In order to assist in the preparation of the 24 annual report required to be prepared by the RMOC and submitted to the USFWS, CDFG, and RCA as 25 set forth in the MSHCP and Implementing Agreement, the Parties shall on a monthly basis provide the 26 following information to the RCA: 27 28 A. grading permit activity including the number of the permit issued, the location of the development site identified by assessor's parcel number, and the amount of 11 ACENOA ITEM NO. PACE J 35 OF__~ ,-... 1 2 3 4 5 6 B. acreage disturbed; single family home and mobilehome construction activity within the Criteria Area including the number of the grading, building, site preparation or installation permit issued and the location of the development site identified by assessor's parcel number; C. development mitigation fee collection including identification by assessor's parcel number of the project for which the fee was collected, the amount of the fee paid, and any exemptions or credits that may have been included in any calculation of the 7 8 9 10 D. fee; and any other information required to comply with the provisions of the MSHCP as 11 may be determined necessary by the Executive Director. 12 In addition, the County shall submit on an annual basis all information contained in the Existing 13 Agricultural Operations Database including the amount of new agricultural land, if any, added to the ,-... 14 Database as well as any documentation concerning the expansion of agricultural operations within the 15 Criteria Area. 16 Section 21. Joint Proiect/AcQuisition Review Process. To ensure that the requirements of 17 the MSHCP and its Implementing Agreement are properly met, a joint project/acquisition review process 18 shall be instituted by the RCA. This process is set forth in Section 6 of the MSHCP. 19 Section 22. Liabilities. Except as may be provided herein, the debts, liabilities and 20 obligations of the RCA shall be the debts, liabilities and obligations of the RCA alone, and not of the 21 Parties to this Agreement. 22 Section 23. Indemnification. The ReA shall defend, indemnify and hold such Party free and 23 harmless from any loss, liability or damage incurred or suffered by such Party by reason of litigation 24 arising from or as a result of any of the following: the Party's development mitigation fee ordinance; the 25 Party's participation in the RCA; actions taken to approve and/or implement the MSHCP; claims of '" 26 inverse condemnation or unconstitutional takings against a Party; or any other act performed or to be 27 performed by the Party pursuant to this Agreement, the MSHCP, its Implementing Agreement or the 28 Permits; provided, however, that such indemnification or agreement to hold harmless pursuant to this 12 ME14DA ITEM NO. 35 PACE /5 OF N ,I 1 Section shall be recoverable only out ofRCA assets and not from other Parties. For purposes of this 2 Section 23, the phrase "actions taken to approve and/or implement the MSHCP include, without 3 limitation: (a) a Party's execution of a resolution making responsible agency findings pursuant to the 4 California Environmental Quality Act in reliance on lead agency finding made by the County of 5 Riverside; (b) Party actions or omissions of implementation ofthe MSHCP that result in litigation against 6 the Party for violations of California Planning and Zoning Law; and (c) Party withdrawal from 7 implementation of the MSHCP in accordance with the terms of the Implementing Agreement (Section 8 22.0 et seq.). 9 10 Section 24. Notices. Notices required or permitted hereunder shall be sufficiently given if 11 made in writing and delivered either personally or by registered or certified mail, postage prepaid to said 12 respective Parties, as follows: 13 14 15 16 17 18 19 A. B. 20 21 22 23 24 25 26 27 28 Riverside County Conservation Authority Executive Director 4080 Lemon Street, 7th Floor Riverside, CA 92501 County of Riverside Transportation and Land Management Agency Agency Director 4080 Lemon Street, ih Floor Riverside, CA 92501 (909) 955-6742 (909) 955-6879 C. City of Banning City Manager 99 E. Ramsey Street Banning, CA 92220 (909) 922-3103 (909) 922-3128 fax D. City of Beaumont City Manager 550 E. 6th Street Beaumont, CA 92223 (909) 769-8520 13 AGENDA ITEM NO,~3S.~~~ PAGEJ f.t;J OF d:).. .... j ~1 (909) 769-8526 fax 2 E. City of Calimesa 3 City Manager 908 Park Ave 4 Calimesa, CA 92320 5 (909) 795-9801 (909) 795-4399 fax 6 7 F. City of Canyon Lake 8 City Manager 31516 Railroad Canyon Road 9 Canyon Lake, CA 92587 (909) 244-2955 10 (909) 246-2022 fax 11 G. City of Corona 12 City Manager 13 PO Box 940 ~ Corona, CA 92878 14 (909) 736-2371 (909) 736-2493 fax 15 16 H. City of He met 17 City Manager 445 E. Florida A venue South 18 Hemet, CA 92543 (909) 765-2300 19 (909) 765-3785 fax 20 21 I. City of Lake Elsinore City Manager 22 130 S. Main Street Lake Elsinore, CA 92530 23 (909) 674-6727 ext. 261 24 (909) 674-2392 fax 25 J. City of Moreno Valley ~26 City Manager PO Box 88005 27 Moreno Valley, CA 92553 28 (909) 413-3008 (909) 413-3760 fax 14 AGENDA ITEM NO. 35 PACE 17 OF 21- 1 2 K. City of Murrieta City Manager 3 26442 Beckman Court Murrieta, CA 92562-9755 4 (909) 698-1040 5 (909) 698-9885 fax 6 L. City of Nor co 7 City Manager 2870 Clark Avenue 8 Norco, CA 92860 9 (909) 270-5611 (909) 270-5622 fax 10 11 M. City ofPerris 12 City Manager 101 North D Street 13 Perris, CA 92570 (909) 657-5882 14 (909) 657-1087 fax 15 N. City of Riverside 16 City Manager 17 3900 Main Street Riverside, CA 92522 18 (909) 826-5991 (909) 826-5470 fax 19 O. City of San Jacinto 20 City Manager 21 201 E Main Street San Jacinto, CA 92583 22 (909) 487-7342 (909) 654-3728 fax 23 24 P. City of Temecula 25 City Manager PO Box 9033 26 Temecula, CA 92589-9033 (909) 694-6440 27 (909) 694-6499 fax 28 15 AGENDA iTEM NO. 35 PACE_11 OF JJ '"' 1 Section 25. Severabilitv. If any section, clause or phrase of this Agreement or the 2 application thereof to any Party or any other person or circumstance is for any reason held to be invalid by 3 a court of competent jurisdiction, it shall be deemed severable and the remainder of the Agreement or the 4 application of such provisions to the other party or to other persons or circumstances shall not be affected 5 thereby. 6 Section 26. Other Al!:reements Not Prohibited. Other agreements by and between the 7 Parties of this Agreement or any other entity are neither prohibited nor modified in any manner by 8 execution ofthis Agreement. Furthermore, the Parties hereto agree upon request to execute, acknowledge 9 and deliver all additional papers and documents necessary or desirable to carry out the intent of this 10 Agreement. 11 Section 27. Other Oblil!:ations. The responsibilities and obligations of each Party to this 12 Agreement shall be solely as provided in this Agreement, or as may be provided for in supplemental 13 agreements to be executed by the Parties. ~ 14 Section 28. Non-Assil!:nabilitv. The rights, titles and interests of any Party to this Agreement 15 shall not be assignable or transferable without the consent of the governing body of each Party hereto. 16 Section 29. Section Headinl!:s. The section headings herein are for convenience of the Parties 17 only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or 18 intent of the provisions or language of this Agreement. 19 Section 30. Construction of Lanl!:ual!:e. It is the intention of the Parties hereto that if any 20 provision of this Agreement is capable of two constructions, one of which would render the provision 21 void and the other of which would render the provision valid, then the provision shall have the meaning 22 which renders it valid. 23 Section 31._ Cooperation. The Parties recognize the necessity and hereby agree to cooperate 24 with each other in carrying out the purposes of this Agreement, including cooperation in matters relating 25 to the public, accounting, litigation, public relations and the like. 26 '"' Section 32. Future Amendments. To preserve a reasonable degree of flexibility, many parts 27 of this Agreement are stated in general terms. It is understood that there may be Amendments to this 28 Agreement which will further define the rights and obligations of the Parties. 16 AGENDA ITEM NO. PACiE / 9 3S OF ?:J- 1 Section 33. Successors. This Agreement shall be binding upon and shall inure to the bene! 2 of the successors ofthe Parties hereto. 3 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and 4 attested by their proper officers thereunto duly authorized as ofthe date first above written. 5 6 7 8 9 10 11 12 13 14 15 16 17 Dated: COUNTY OF RIVERSIDE Attest: By: Chairman, Board of Supervisors Dated: CITY OF BANNING Attest: City Clerk By: Mayor Dated: CITY OF BEAUMONT Attest: City Clerk By: Mayor 18 19 20 Dated: CITY OF CALIMESA 21 Attest: 22 23 24 25 City Clerk By: Mayor Dated: CITY OF CANYON LAKE 26 Attest: 27 28 City Clerk By: Mayor 17 ACENDA ITEM NO.' 3S-....P..." PACE~ OF_~~~ ,..... 1 Dated: CITY OF CORONA 2 Attest: 3 4 By: City Clerk Mayor 5 6 Dated: CITY OF HEMET 7 Attest: 8 By: 9 City Clerk Mayor 10 11 Dated: CITY OF LAKE ELSINORE 12 Attest: 13 ~ By: 14 City Clerk Mayor 15 16 Dated: CITY OF MORENO V ALLEY 17 Attest: 18 By: 19 City Clerk Mayor 20 21 Dated: CITY OF MURRIETA 22 Attest: 23 By: 24 City Clerk Mayor 25 26 Dated: CITY OF NORCO ,..... 27 Attest: 28 By: 18 AOENDA ITEM NO. 3 PACE. ;}.L OF :J::J- 1 2 3 4 5 6 7 8 9 10 11 City Clerk Dated: Attest: City Clerk Dated: Attest: 12 13 14 15 City Clerk Dated: 16 Attest: 17 18 19 20 City Clerk Dated: 21 Attest: 22 23 City Clerk 24 25 26 27 28 G: \Property\K W A TTSBA \rea jpa- Alternative 4.10203 .doe Mayor CITY OF PERRIS By: Mayor CITY OF RIVERSIDE By: Mayor CITY OF SAN JACINTO By: Mayor CITY OF TEMECULA By: Mayor 19 AGENDA ITEM f~t)c 35 ...,.,..~ : PAGE ~ Of