HomeMy WebLinkAbout12/28/2004 CC Reports
CITY OF LAKE ELSINORE
"CITY COUNCIL AGEN:DA
ROIJERT E. "8OJI" MAGEE, MA YOIl www.LAKE-~lNoKE.ORG
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DAm lIICkMAN.€OUNCIUfAN" LAKE EISIN'ORE CULUJIW. CENUlt"
GIHIE KELtEV.~LWOMAN 183 NORTH MAIN S'I'ltEE'f
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'TUESDAY, DECEMBER 28, 2004 - S:OOP.M~
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b., 'PtJIUC,EMPLOYEE PERFORMANCE EVALUATION ~ City Clerk,
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U~9NVENEIN ~QDLlC SI;~SION (7:00 P~M.)
INV~A1N!! .... ~Q~NT OF SILENT PRAYER:
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Page T\\'o - City COllncil Agenda - December 28, 2004
PRESENTA TIONS/CERElYIONIALS
A. Presentation - Eagle Scout Joshua DcPalmer.
CLOSED SESSION REPORT
PUBLIC COIVIJVIENTS - NON-AGENDIZEO ITElYIS - I MINUTE
(Please read & complete a Speaker's Form at the Podium, prior to the Start of the
City Councill'v1eeting)
PUBLIC COMMENTS - AGENDIZED ITElVlS - 3 lYIINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start of the
City Council Meeting)
~/o
CONSENT CALENDAR
(All matters on the Consent Calendar are approved on one motion, unless a
Councilmember or any member of the public requests separate action on a specific
item.)
I. rvIinutes
a. Special City Council Meeting - November 3, 2004.
b. Regular City Council Meeting - November 23, 2004.
c. Joint City Council/Redevelopment Agency Study Session -
November 23,2004.
RECOMMENDA TION:
Approve.
2. Resolution of Intention to Establish Community Facilities District No. 2004-
~osetta Canyon) and Incur Bonded Indebtedness - Resolution Nos. 2004-
~ 2004-77.
RECOMl'vlENDA TION: Adopt Resolutions and Schedule Public
Hearing for February 11,2005.
3 Resolution Initiating Proceedings and Approving the Engineer's Report for
the Annexation of Certain Territory known as Tracts 25476, 25477, 25478
and 25479 into the City of Lake Elsinore Landscape and Street Lighting
P~.e Three - City ConeilAge.de - u.emb~r 28,2804
District No.1, asLLMD Annexation No.4, Declaring the City's Intentionto\
. ,Order the Annexation ~d to Levy and Collect Assessments, determining
. that these Proceedings shall be~en;J?ursuant to the Landseaping and,
Lighting Act of 1972 and the Right to Vote on Taxes Act; and Offering a
Time and Place 'forHearlng Objections. thereto. ResolUtion No. 2004-78.
RECOMMENDATION:
ApproveEngineer's,Report~ Adopt
Resolution No. 2004:78 and Schedule
Public Hearing for February 11,2005.
l1!JIl.I~ ~GS
21. AJmual Adjustment of TransportatiQn Uniform.Mitig~on Fee (TUMF) -.
Ordinance No. 1136. .
RECOMMENDATION:
Adopt Ordinance No. 1136. upontit$t'
reading by title only.
Second ..Reading - OrdinaJ;lce No. 1134 - Annexation. No. 11
(LusterlMerritt).
. RECOMMENDATION:
Adopt Ordinance No. 1134, upon second
reading by title only. .
32
. - I'.
Second Reading - Ordinance No. 1135 - Amending Chapter 8.32 of the
.LEMC regarding Weed and Rubbish. abatement.
RECOMMENDATION:
Adopt Ordinance No. . 1135, upon second.
reading by title only.
33. T~ of Office for..Public Safety Advisory Commissioners -Ordinance No.
1137.
RECOMMENDATION:
Adopt Ordinance No. 1137, upon ftt'St
reading by title only.
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"1::lpageFive- City CO~DeilAgellda -Deee.ber 28,2004
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ADm~NT
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AQENOA ITEM NO.
'" PAGE---LOF-L-
MINUTES
~
SPECIAL CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
WEDNESDAY, NOVEMBER 3,2004
*************************************************************
CALL TO ORDER
Mayor Buckley called the Special City Council Meeting to order at 5:00
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: mCKMAN, 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,
CommunicationlInformation Manager Dennis, Police Chief Fetherolf,
City Treasurer Weber and City Clerk/Human Resources Director
Kasad.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Harvey Ryan.
PUBLIC COMMENTS-AGENDIZED ITEMS
Ron Hewison, Lake Elsinore, thanked the Council for approving the
H.O.P.E. donation.
~
AQENOA ITEM NO. \. C\.. .
" PAGE....L. OF ~ \
Page Two - Special City Council Minutes - November 3, 2004
....,
Edith Stafford, 29700 Hursh Street, commented that she did support an
elected Mayor and she did support Districts. She indicated that Districts
were better because it cut down the monopolizing. She suggested that she
did not support an appointed City Treasurer. She stated that no one would
vote for an appointed City Treasurer. She stated that the educated ones were
not doing their jobs.
Chris Hyland, 15191 Wavecrest, commented that she was offended by the
policy recommendation of appointing a City Treasurer. She recited the
article and indicated that the last 3 Treasurers including the current Treasurer
were all financial professionals. She indicated that the problem was they
were not treated so and were not given information and documentation of
the financial situation in the City of Lake Elsinore, in her opinion. She
questioned ~he reason for appointing a City Treasurer. She indicated that the
committee appointed by Council, in her opinion, did not have the expertise
themselves to decide who was or was not a financial professional unless they
had a degree in that field. She indicated that it should be set up the way our
founding fathers wanted it to be, a Treasurer that was elected by the people.
....,
BUSINESS ITEMS
1. Approval of Final Map 30496. Pardee Homes. Inc.
Assistant City Manager Best gave an overview of the item.
City Treasurer Weber indicated that he had spoken to citizens that lived in
the tract homes near the project site. He indicated that the feeling among
the citizens in that area was that they did not want it there and they were
upset that they were not notified. He indicated that no one in Canyon
Hills was notified.
Councilman Hickman questioned the ability to make a design change.
Mayor Buckley indicated that the Design Review was approved at the
last Council Meeting.
'-'
AQENDA ITEM NO. \ 'CA..
. -
"PAGE ~ OF~
,.......
Page Three - Special City Council Minutes - November 3, 2004
Mayor Pro Tern Kelley indicated that there was a sign posted there for a
long time advertising that was an automotive site. She indicated it was
zoned in that zoning. She indicated that Council took precautions at the
last meeting to ensure it was designed appropriately and shielded from
the public view. She indicated that her concern at the last Council
Meeting was the staff report indicated automotive repair and Council was
told that was not the case; and there would not be broken down cars
sitting in the lot and it was more like a tire shop.
.---..
Mr. Stringer, Pardee Homes, commented that they had their own internal
Design Review that looked at architecture and landscaping; and they felt
comfortable it would not be an eyesore. He indicated that there would be
a coffee shop in the larger commercial site closer to the homes. Mayor
Pro Tern Kelley indicated her concerns were similar to those of City
Treasurer Weber and that they were speaking for their neighbors, they
were all concerned; and they expected it to be shielded and landscaped
and designed correctly as approved.
Councilman Schiffher indicated that before Council at this time was the
approval of a final map.
MOVED BY SCHIFFNER AND SECOND BY KELLEY AND
CARRIED BY UNANMIOUS VOTE TO APPROVE THE FINAL
MAP, SUBJECT TO CITY ENGINEER'S ACCEPTANCE.
2. CEQA Compliance Documents.
Assistant City Manager Best gave an overview of the item. She indicated
that it was a retail project (Target Center).
Councilman Schiffher indicated it was a simple procedure with no cost to
the City.
,.......
Councilman Hickman expressed his concerns regarding traffic
congestion and suggested the street improvements be done before
allowing the Target Center to move-in.
AGENDA ITEM NO. \. u. .
" PAGE-3- OF l.L..:
Page Four - Special City Council Minutes - November 3, 2004
'""""
MOVED BY SCHIFFNER AND SECOND BY HICKMAN AND
CARRIED BY UNANIMOUS VOTE TO APPROVE AN
AGREEMENT WITH HDR ENGINEERING, TO PREPARE THE
CEQA COMPLIANCE DOCUMENTS FOR THE TARGET CENTER,
IN THE AMOUNT OF $77,795.
3. Electoral Reform Committee Recommendations.
Mayor Buckley gave an overview of the item and thanked the Committee
for the hard work. He deferred to Committee Chairwoman Atkins.
Chairwoman Atkins introduced the Committee. She indicated that
Committee Member Maskell was out of town for two weeks, but the
committee had been in touch with Committee Member Maskell. She
noted that Mr. Maskell concurred with the committee recommendations.
She indicated that the Council had not had enough time to review the
material given to them; so she was going to take a little longer to explain '""""
the six items.
1. Shall the position of City Treasurer should be continued in an
elected capacity.
Chairwoman Atkins recited the findings listed in the staff report. She
responded to the comments by members of the community. She
commented that the committee was extremely objective about making the
recommendations. She advised that the recommendations had nothing to
do with the current City Treasurer. She indicated that he was a qualified
individual and they had no objections to his performance thus far. She
indicated that the committee felt the position should be appointed,
because education and experience requirements could not be imposed on
an elected official. She recited the recommendations of the committee.
Committee Member Hohenadl commented that by eliminating the elected
City Treasurer the City would save the annual cost of benefits and $150 a
'-1fJ'
AGENDA ITEM NO. J · ~.
''', PAGE~ OF ;t \
"""" Page Five - Special City Council Minutes - November 3, 2004
month for a total including the benefits in the amount of$13,309. She
noted that the Administrative Services Director was paid to do the day by
day accounting and accountability for the City of Lake Elsinore; so
therefore the citizens was paying extra money for a ceremonial Treasurer.
""""
Committee Member Judziewicz commented that there had been a lot of
talk about the "watch dog" as the Treasurer, but the five watch dogs were
the City Council. He commented they were the individuals that looked
out for the best interest of the City. He noted the date the Mayor formed
the committee, and he indicated it was well before all the newspaper
articles came out about the current Treasurer and policy changes to the
Treasurer position, therefore this was not a motivated issue to get rid of
any person in the government. He indicated it was just the reality of the
City Treasurer position. He noted that Matt Pressey handled the day to
-day finances of the City, and the committee felt strongly that anyone that
held that position should be the City Treasurer, because the
Administrative Service position handled all the complex financial issues
of the City. He noted it was a ceremonial position in Lake Elsinore,
although it was not in other cities the same size of Lake Elsinore.
Committee Member Flores commented that the committee studied this
issue for a long period of time. He indicated that they felt this area would
be best seated by an appointed rather than an elective official based on
the past history of City Treasurers. He indicated that he felt Mr. Weber
has done an outstanding job and felt he would continue to do so.
-"
City Treasurer Weber indicated that the Treasurer had to be independent
of the Council and staff in order to investigate and review funds being
spent by Council and staff; and investigate other financial issues. He
indicated Administrative Services Director Pressey was already given the
ability to write the checks and monitor day to day activities of a
Treasurer. He indicated that it was already there and it was really given
to Mr. Pressey by him; and it was signed over to Mr. Pressey through the
policy. City Treasurer Weber commented that Mr. Pressey seemed
overwhelmed at times. He indicated that the Treasurer also reviewed
AcaENDA ITEM NO. \, ~ .
" PAGE 5 OF J. \ ,~
Page Six - Special City Council Minutes - November 3, 2004
'-II'
different Measures as they came before Council. He indicated that
Council had so much on their plates with citizens calling regarding
potholes that Council had to answer to right of way, because the citizen
might come to a Council Meeting; and whereas the Treasurer did not
receive those phone calls. He noted the savings of $50,000 on the tractor
bid due to an error on the lease. He indicated that the fact of saving
$13,000 due to not having a City Treasurer did not compare to what the
Treasurer would save in the long run. He indicated that the City
Treasurer could bring policy focus on certain financial matters. He
indicated that the City needed a second pair of eyes. He commented that
he felt if the past City Treasurer's had been given the power they were
supposed to have and not stripped away by prior Council's the Stadium
deal would have never gone the way it did, but now the City was faced
with $38 million in debt and that was; burden on the citizens. He
indicated that he worked for the people of the City and he would protect
the people of the City. He commented that he did not work for staff and
would not protect staff; and was not going to protect the Council if they .....",
did things wrong and that was the importance of the Treasurer position.
He indicated there was a tax burden with the bonds that has been placed
on a group of people that seemed extremely high. He indicated that the
Administrative Services Director would not look into that, but the
Treasurer would; and protect the people; and the Treasurer would look at
the citizen's taxes and comment. He indicated that the next Treasurer
would do as good of a job as the current Treasurer.
Mayor Pro Tern Kelley inquired if the committee members wanted to
respond to the City Treasurer's comments; and inquired if the committee
checked other cities and common practices. She requested clarification
that the Administrative Services Director position would be the appointed
City Treasurer.
Chairwoman Atkins responded that City Treasurer Weber was
commenting on himself as City Treasurer. Chairwoman Atkins indicated
that if the Administrative Services Director was given sufficient support
staff the individual would be in the position to be able to recommend to
......."
NO \ · ().. .
AQENDAITEM. \
( :l'
"'. PAGE~ OF ~
,- Page Seven - Special City Council Minutes - November 3, 2004
the City Manager things that should be watched; so it could be handled
by the Administrative Services Director. She indicated that in regard to
past City Treasurers, we were no longer in the position of having
someone that could add, subtract, multiply, and divide. She indicated
that the City Treasurer must know about all of the financial instruments
in the business world today; and how they would be beneficial to the
citizens of Lake Elsinore as they benefited by the City finances. She
indicated that they surveyed 20 or more cities in the State. She noted
most of the cities had appointed City Treasurers. She indicated that the
cities that had elected City Treasurers, it were ceremonial and did not
have any responsibilities. She noted that some did not even attend City
Council Meetings.
~
Committee Member Flores added after listening to Mr. Weber's
statement that the key was staff would watch staff and that no
information would be brought to the City Treasurer Position or himself;
and that indicated to him that no one could work within ones own staff
including the City Treasurer, because each of them had an area of
responsibility to work with each other. He indicated that type of lack of
communication gave him the impression there was no communication
among all of the finances; and that was why he felt the City could be
better served with an administrative staff that could work directly with
the Council and handle the financial issues within, and if this entailed a
full time staff the City would benefit, because there could not be a spot
check here and there. He indicated there needed to be an individual that
was capable of reviewing and discussing the financial responsibilities
with the Council on a daily basis. He reiterated in his opinion this could
be better served by a full time City Treasurer, appointed by the Council.
,-
Mayor Pro Tern Kelley deferred to City Attorney Leibold and asked her
to elaborate on the safeguards outside of the City that the City finances
were put through. City Attorney Leibold explained that the City was
required to perform an annual audit that had to be conducted by an
independent financial auditor, currently there was a contract with
Teaman, Ramirez and Smith that had performed the City's annual audit
AGENDA ITEM NO. J I 01.. .
PAGE--"1-0F J. \
Page Eight - Special City Council Minutes - November 3, 2004
"""
for a number of years. Administrative Services Director Pressey
commented that there was a single audit of all federal grant funds and
annually there was a State Controllers Report that was submitted to the
State that summarized all the activities and funds of the City; and also for
the Redevelopment Agency a Statement of Indebtedness and also their
State Controllers Report. City Attorney Leibold commented that audits
and reports were in respect to the General Funds, Agencies Funds and in
connection with any bond issue there was an individual requirement with
respect to reporting, reserve requirements, and an independent trustee
that monitored the bond funds.
Committee Member Judziewicz commented that he agreed with
Committee Member Flores, that it was the compromises that were going
to get things done in the City, it was the teamwork with the staff and
Council that was going to get things done. He indicated that the bond
issues in the past, he had heard that the City should have defaulted on
bonds, let the banks take the hit on bond issues that went bad; and he """
doubted the City would be getting certain development centers if Council
and staffhad done that and put Lake Elsinore in bad faith with all of the
business communities in the area. He indicated that he did not want to
spend his life driving to Temecula to go to certain restaurants, he wanted
those restaurants in Lake Elsinore and those businesses would come
when there was a more transparent system; and he believed it would get
there with a professional person reviewing the finances. He compared
the City Treasurer position to trying to check the Lake with a fishing
pole, row boat and a hook, the individual was never going to find
everything. He indicated that the position needed someone that was
always in the Lake administering the Lake to be able to check everything
on the Lake.
Committee Member Hohenadl commented that the elected position was
not a CPA or auditor. She indicated that a little knowledge could be
dangerous, if the individual did not know what they were reviewing and
had a big picture of what they were reviewing it could be side track or
misinterpreted or give it misinformation and those were the reasons why
"""
AGENDA ITEM NO. \. ex..
PAGE ~ OF ~ \
r--- Page Nine - Special City Council Minutes - November 3, 2004
she felt the appointed position should be someone who did this on a daily
basis and was certified to do this type of work.
Councilman Schiffuer reminded everyone the reason they were there
tonight and suggested that Council did not lose the reason they were
there. He indicated that he would not express his opinion at that time.
He indicated that he would reserve it for the time, if it goes on the ballot.
He indicated that he would like to give the people in the community the
opportunity to make that decision.
".......
Councilman Magee thanked the committee for their hard work. He
commented that Mr. Weber had become a lighting rod for controversy
and that was the simple truth. He indicated that he appreciated his
independence, but did not always agree with his technique. He indicated
that the position of Treasurer was the responsibility of voters and needed
to go to a vote of the people. He commented on Item No.8; and advised
that it was inappropriate for the City to sponsor that and to be advising
the voters of what that was; and he was concerned with the legalities and
the voters needed to make their own decisions. He indicated there would
be people on both sides of the issue to write the pro and con arguments.
He agreed that the item should be put on the next regularly scheduled
election.
r--
Councilman Hickman indicated that he had never been a politician; and
had the pleasure of watching Dick Knapp at times come to the podium
and give his presentation and comment that he never received any
information to do his job. He indicated the reason Mr. Weber was able to
get into the books was because he had the support of the Council. He
indicated that in the last budget review he learned a few new words; and
through City Treasurer Weber's digging through the bonds they
discovered that the 1980 flood bonds had not been paid off. He indicated
that he did not think the City would bring that to the attention of the
Council. He indicated that he saw pros and cons; and he agreed with
other members of Council to bring it to a vote of the citizens. He noted
that he agreed that communication was transparent and he felt there were
a lot of bridges to mend between management and the City Council.
AGENDA ITEM NO. \. 0... .
" PAGE q OF~
Page Ten - Special City Council Minutes - November 3, 2004
"""'"
Mayor Buckley indicated that a vote was brought to the citizens before
and it lost; and it was recently brought to the citizens in Indio and it lost;
and if it did go to a vote it would lose again. He indicated that the job
was really not ceremonial it was what they made of it. He agreed with
Mr. Magee's comments regarding educating the public. He advised that
the City could not advocate a result.
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO DIRECT
STAFF TO TAKE THE ACTION NECESSARY TO PLACE A
MEASURE ON THE BALLOT FOR THE NEXT REGULARLY
SCHEDULED ELECTION TO ELIMINATE THE POSITION OF
ELECTED CITY TREASURER.
City Attorney Leibold indicated that the City could not campaign, but
could educate; and the Committee wanted the City to distinguish the
elimination of a "elected" City Treasurer from the elimination of a City
Treasurer; their concern was that in the previous measure the elector """'"
thought that the measure was to eliminate a position of City Treasurer, so
Item H was simply for the City to make clear in an education effort the
difference between eliminating an "elected" and eliminating the position.
She noted that as an Ad Hoc advisory committee, those task was
complete upon the presentation of the recommendations, unless Council
directed them to continue or do additional work, the committee could
prepare the pro argument; and there was sufficient authority for that and
did not constitute a violation of The Political Reform Act.
Councilman Hickman indicated that if this was going to be on the ballot
he would like it to read, "Shall the Office of City Treasurer be
eliminated." Not appointed. He indicated that the position would be
moved into the City to be managed instead of an elected official. City
Attorney Leibold explained that the ballot wording was dictated by the
Government Code.
Councilman Schiffuer suggested that the Committee not prepare a pro or
con argument, but essentially prepare an information packet.
AGENDA ITEM NO.~
'" PAGE I 0 OF ~ \ J
"""'"
.,- Page Eleven - Special City Council Minutes - November 3, 2004
City Attorney Leibold indicated that the City Attorney was obligated on a
City measure to prepare a neutral analysis.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND
CARRIED BY A VOTE OF 3-0-2 WITH BUCKLEY AND HICKMAN
ABSTAINING TO AMEND THE MOTION TO DELETE ITEM H
AND REPLACE THE VERBIAGE WITH A NEUTRAL
STATEMENT WRITTEN BY THE CITY ATTORNEY.
II. Devise a new and permanent procedure for Commission/Committee
appointments.
,-
Chairwoman Atkins gave an overview of the Findings and
Recommendations. She indicated that Policy No. 200-SA page 4 no. 8
second and third sentences, spoke of a questionnaire. She indicated that
they neglected to catch the error and it should be application.
Mayor Buckley referred to page 14 of 32 and suggested changing G(2) to
read "may" instead of "shall". Mayor Buckley referred to page 12 of32,
Item C(8), he indicated he would like Council to have input on
questionnaires. Mayor Buckley referred to page 16 of32 and requested
to have J(4) and Policy No. 200-SB page 24 of32, H(4) removed.
Councilman Magee indicated that currently there were three individuals
that were serving on more than one committee or commission. He
requested a response from the committee. Chairwoman Atkins indicated
that she was not aware that there were individuals serving in concurrent
positions presently, but if that was the case she suggested grandfathering
them in, because the policy was being revised after their appointment.
Councilman Magee indicated that on page 11, Item No.2 under
nondiscrimination on both the commission and Ad Hoc committee
appointments, the term "sexual orientation" should be added.
,-
AGENDA ITEM NO. \,~.
PAGE , \ OF ~ G
Page Twelve - Special City Council Minutes - November 3, 2004
.....,
Councilman Magee referred to page 12, Item No.9. He clarified that the
intent of the committee was that after the interview process the actual
nomination by the sub-committee occurs at the public forum as currently
done. City Attorney Leibold indicated that needed to be clarified. She
indicated that there was some discussion at the committee level on Item
No.9.
Councilman Magee referred to page 25, Item L. He indicated that in the
removal of an ADHOC process it required a majority of the Council. He
questioned if that was the intent of the Committee. Chairwoman Atkins
indicated that it was not the intent. She indicated that it was her
understanding that each Council member appointed an individual and
then the Council removed them; one Council member could not remove
an appointed individual. Mayor Buckley commented that the appointing
member could remove their own. Councilman Schiffner disagreed. He
indicated that each Council member recommended a person and then the
Council as a whole makes the appointment. City Attorney Leibold .....,
indicated that the first several versions were one policy. She indicated
that the Committee thought it was important to distinguish an ongoing
Commission with an ongoing role established by ordinance versus an Ad
Hoc committee in which they defined as a Committee with a special
purpose and of limited duration and put a guideline of 18 months to
achieve a mission. She indicated that Councilman Magee had pointed
out an inconsistency that the Committee missed. She indicated that
Policy 5b read - each Council member made an appointment. She
indicated that the Committee recommendation for Commissions - sub-
committee made a recommendation and the Council as a whole voted for
the appointment to the Commission. She indicated that they needed to
clarify if the committee appointment was a recommendation by each
Council member with a confirmation by a vote of the City Council then
the removal as written made sense, if the appointment of the committee
member did not require a confirmation of the Council as a whole, that
individual Council member she suspected would have the same authority
to remove their appointee. Chairwoman Atkins indicated that difference
the Committee was trying to make was that the Commission was more
formal and the Ad Hoc Committee would be more informal so that the ,....."
AGENDA ITEM NO. _\ ,Q..
PAGE J ~ OF?- \ 1
,- Page Thirteen - Special City Council Minutes - November 3, 2004
residents would be able to have more participation. She indicated that
the Committee wanted to stress that Commissions were different from
committees. Councilman Schiffner indicated that the Public Safety
Commission Chairperson was appointed by the Mayor which was
normally the informal process for Ad Hoc Committees and requested
clarification if it was a Commission or Committee. Mayor Buckley
indicated it was a Commission. City Attorney Leibold indicated that the
Public Safety Advisory Commission was established by ordinance and
incorporated in the LEMC as an ongoing Commission, but the procedure
that was followed was an issue that the Electoral Reform Committee
pointed out. She further indicated that under the Government Code and
the Committee's own recommendations, an ongoing Commission needed
to follow a more formal appointment process, which was a Notice of
Vacancy, an application process, an interview process, a recommendation
by a sub-committee and a vote of the Council as a whole to fill those
,- positions unlike the informal Ad Hoc Advisory Committee. She noted
that they recognized that was not the practice followed with respect to the
Public Safety Advisory Commission, but acknowledged the Commission
as a Commission. Mayor Buckley indicated that it was done that way
because it was a new Commission.
Mayor Pro Tern Kelley deferred to page 16, Item No.4. She indicated
that she would have a problem eliminating that paragraph, because it
would be breaking the Council Policy. Mayor Buckley indicated that the
third sentence could be left in. He indicated that if a reporter called a
Commissioner, the Commissioner should not be made to automatically
defer to the Chairperson for a blessing to speak. He indicated it might
violate the right to free speech. Mayor Pro Tern Kelley indicated that it
violated Council Policy. City Attorney Leibold indicated that there was a
policy that indicated that all media inquiries should be directed to the
Information/Communications Manager. City Attorney Leibold suggested
confirming that it was consistent with existing policy. Mayor Pro Tern
Kelley agreed.
,.....
Councilman Hickman referred to page 14. He inquired if all the
Committees and Commissions were affected by the Brown Act. City
-1.(A .
M~ENOA ITEM NO. ::1 .~
PAGE )3 OF~
Page Fourteen - Special City Council Minutes - November 3, 2004
....,
Attorney Leibold confirmed. Councilman Hickman commented that he
did not think the RDA Committee would be able to complete their scope
of work in 18 months. Chairwoman Atkins referred to page 19 Item I.
She indicated that a reasonable extension approval was left to Council
discretion. Councilman Hickman indicated that since he sat on the Ad
Hoc for the RDA, those individuals had a lot of work left to do. He
indicated that he was going to request that the RDA Committee become a
Commission because of the work and the length of time needed and the
issues involved with this Committee. Councilman Schiffuer noted that
Councilman Hickman commented that he sat on the RDA Ad Hoc
Committee and he was not aware of the Council appointing him to that
Committee. He was not aware of any policy indicating that the Chairman
of the RDA was automatically a member of the Committee. He
expressed that personally he felt that members of the City Council did not
have a place on any of the committees. He indicated that the individuals
were appointed because the Council felt they were capable of making
decisions. He indicated that he had never attended any of the .....,
committee's meeting that were appointed, because he felt the members
should be free to make their own decisions; and he did not think it was
right for anyone from the Council to participate at all. Mayor Buckley
indicated that you could not ban people from going to a public meeting.
Councilman Schiffuer expressed that he did not think it was a good idea.
Mayor Buckley agreed that it was not a good idea. Councilman Hickman
indicated that he had attended a couple of meetings just for the education,
not to give guidance or input.
MOVED BY A MAGEE AND SECONDED BY BUCKLEY AND
APPROVED BY UNANIMOUS VOTE TO REVISE THE POLICIES
PRESENTED TO COUNCIL AND HA VE THEM BROUGHT BACK
FOR FINAL APPROVAL AT A DATE TO BE DETERMINED, THE
REVISIONS TO INCLUDE PAGE 10 AND 20, ITEM B (1) (ii), TO
ADD THE TERM "GRANDFATHERED" TO COMMITTEE
MEMBERS THAT ARE ALREADY SERVING CONCURRENTLY.
PAGE 11 AND 20, ITEM B (2),
'-'"
AGENDA ITEM NO..J · €A.
PAGEJ.:L OF ~ \ ~
r-- Page Fifteen - Special City Council Minutes - November 3, 2004
TO ADD THE TERM SEXUAL ORIENTATION UNDER THE
NONDISCRIMINATION POLICY. PAGE 12, ITEM C (8), TO ADD
THE TERM WITH COUNCIL INPUT UNDER THE APPLICATION
PROCESS. PAGE 14, ITEM G (2), TO INSERT THE TERM "MAY"
INSTEAD OF "SHALL". PAGE 16, ITEM 1(1) (iii), TO ADD THE
TERM "OR APPROPRIATE CITY STAFF MEMBER" . PAGE 16,
ITEM J(4), DELETE THE SECOND SENTENCE AND DELETE THE
QUESTIONNAIRE.
III. Create an appointment system of succession to City Council/Other
Elected Officials~ Commissions and Committees when unscheduled
vacancies occur. .
",-...
Chairwoman Atkins gave an overview of the findings and committee
recommendations. She indicated that there was no current policy in
regard to filling vacancies on the City Council and there was no
ordinance addressing such matters under Government Code section
36512.
Mayor Buckley suggested changing "on July 1 st of an election year that
the vacant seat that would be up for election is left vacant until the
election." Chairwoman Atkins indicated that it was the recommendation
of the Committee that the vacancy be filled immediately even though the
period of time was no earlier than 127 days and no later than 113 days,
which equated to approximately four months and the committee felt it
should be filled. She indicated it benefited the Council because it
maintained five members and prevented votes of 2 to 2. Mayor Buckley
indicated that he foresaw the potential of a Council member resigning, so
that someone running for Council could become an incumbent, which
would be a significant political advantage. City Attorney Leibold
indicated that State law allowed the Council to either hold a special
election in 30 days or fill the vacancy in 30 days.
r--
AGENDA ITEM NO. 1. <^ .
PAGE I 5 OF ~ \ ~
Page Sixteen - Special City Council Minutes - November 3, 2004
"-"
MOVED BY BUCKLEY, SECONDED BY MAGEE AND APPROVED
BY A VOTE OF 4-1 WITH KELLEY OPPOSING TO ACCEPT THE
RECOMMENDATION WITH THE FOLLOWING MODIFICATION,
AFTER JULY 1 ST A SEAT THAT IS VACANT CANNOT BE FILLED
AFTER JULY 1 ST OF THE YEAR THE TERM IS UP.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ACCEPT
THE COMMITTEE RECOMMENDATION; DENIED WITH A VOTE
OF 2-3 WITH BUCKLEY, HICKMAN, AND MAGEE OPPOSING.
MOVED BY BUCKLEY, SECONDED BY MAGEE AND APPROVED
WITH A VOTE OF 4-1 WITH KELLEY OPPOSING TO ACCEPT
THE RECOMMENDATION WITH THE FOLLOWING
MODIFICATION, JULY 1ST A SEAT THAT IS VACANT CANNOT
BE FILLED AFTER JULY 1 ST OF THE YEAR IT IS UP ENDS.
IV. Establish new campaien finance standards.
"wi'
Chairwoman Atkins gave an overview of the findings and
recommendation of the item.
Mayor Buckley suggested that page 30 of 32, Section 060, second
paragraph, included that the campaign finance reports shall be posted
on the City website. He indicated that they should be relatively simple
to just scan and put on the website. Mayor Pro Tern Kelley suggested
not making any changes. She indicated that it was fine the way it was
written. City Attorney Leibold advised that Council could not adopt an
Ordinance at a Special Meeting.
MOTION MADE BY KELLEY AND APPROVED BY UNANIMOUS
VOTE OF THOSE PRESENT TO BRING THE ITEM BEFORE
COUNCIL AT THE NOVEMBER 23,2004 COUNCIL MEETING.
V. Review the possibility of electine Councilmember bv Districts.
.....,
AGENDA ITEM NO. \ \ (A,.
PAGE J ~ OF ~ ~ !
""
Page Seventeen - Special City Council Minutes - November 3, 2004
Chairwoman Atkins gave an overview of the findings and
recommendation of the item.
Mayor Buckley indicated that he thought districts were a better
representative system. He indicated that he agreed that after the next
Census, with the modification of changing the number to 60,000
population. He suggested deleting the wording "built-out". He indicated
that the wording "by vs. from" the usage of "by district" was a far more
common way of electing candidates. He indicated that in regards to Item
4 on page 6 of32, there was a City CIP.
~.
Councilman Magee suggested eliminating the population requirement
altogether and reevaluating after the 2010 Census. He indicated that he
agreed with Mayor Buckley in regards to the "by districts". Committee
Member Hohenadl indicated that the Committee chose "from districts"
because it allowed a voter to vote for a person from any district that they
felt was the most qualified and would benefit the City as a whole.
Councilman Magee indicated that he understood her point about the vote,
but it did not eliminate a person's ability to campaign, donate money, etc
for that candidate. Mayor Buckley suggested if an individual was not
happy with the candidates running for office in their district, then they
might want to run for office and be a part of the system. Councilman
Schiffner indicated that he was not in favor of districts. He indicated that
it was not relevant at this time to what would be happening in 2010. He
indicated that the current Council might not be serving on the Council in
2010 and was not the current Council concern to establish the rule, which
the 2010 Council could change at that time. He suggested eliminating
the portion relating to the population and the "by vs. from" and just keep
it the way it was until the 2010 Census. Mayor Pro Tern Kelley indicated
that it was obvious that the Committee had done a lot of research.
""
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND
CARRIED BY UNANIMOUS VOTE TO ELIMINATE THE
POPULATION REQUIREMENT ALTOGETHER AND
REEVALUATE AFTER THE 2010 CENSUS AND ELIMINATE
RECOMMENDATION NO.2.
AGENDA ITEM NO.~
PAGEflOF ;).. \
Page Eighteen - Special City Council Minutes - November 3, 2004
......,
VI. Review the possibility of directlv electin!!: the Mavor.
Chairwoman Atkins gave an overview of the findings and
recommendations on the item.
Mayor Buckley suggested adding a recommendation to include, revisit
directly electing a Mayor when the Council revisited districts. Mayor Pro
Tern Kelley indicated that directly electing a Mayor inherently gave the
individual more authority and more power and currently everyone on
Council were equal. She indicated that she agreed with the Committee's
recommendation.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ACCEPT
THE COMMITTEE RECOMMENDATIONS AS PRESENTED.
Motion died for lack of votes.
......,
Councilman Hickman questioned the reason for not wanting the RDA
Chair to serve consecutive terms. Chairwoman Atkins indicated that
consecutive would not allow others members of the RDA Board to gain
the experience of serving with the RDA. Councilman Magee indicated
that he understood the opportunity to rotate the positions, but it should be
the decision ofthe.Board Members. He suggested changing the wording
to "may be able to serve two consecutive years". He suggested deleting
the second to last sentence of the policy. Mayor Pro Tern Kelley
indicated that the Committee had done studying, research, and
discussion. She indicated that it should not be consecutive terms for
Mayor, Mayor Pro Tern, RDA Chair and Vice Chair.
Councilman Magee proposed a substitute motion.
MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED
BY A VOTE OF 4-1 WITH KELLEY OPPOSING TO ADOPT THE
COMMITTEE RECOMMENDATIONS WITH THE ELIMINATION
OF THE RESTRICTIONS ON CONSECUTIVE TERMS AS MAYOR
OR RDA CHAIR.
AGENDA ITEM NO. j . ~ ·
PAGE.J..tOF~
......"
,,--.
Page Nineteen - Special City Council Minutes - November 3, 2004
VII. Review the possibility of moving: City elections to even-numbered
years.
Chairwoman Atkins gave an overview of the findings and
recommendations on the item.
,,--..
Mayor Buckley indicated that the voter turnout was normally greater
during Presidential elections. He indicated that the faster the City
converted to even years the better. He suggested going to 2006 and 2008
existing terms. He indicated the idea of a three year term would give the
City three Council elections in four years and it delayed taking advantage
of the increase turnout. Councilman Hickman agreed it would be better
to extend the current Council terms by one year. Councilman Schiffner
suggested going with the Committee recommendation. Committee
Member Judziewicz commented that the Committee's biggest concern
was not extending or shorting any of the current Council term in office.
He indicated that the voters, voted for the current Council to complete a
four term not three years, not five years. He indicated that the
recommendation was fair to both the current Council and future
candidates. City Attorney Leibold indicated that the law allowed a shift
in the election cycle so long as it did not increase or decrease a Council
member's term twelve months or more. Councilman Magee indicated
that he agreed with moving to even numbered years. He indicated that he
would be in favor of extending the current Council term. He indicated
that there would be two elections instead of three, so the City would save
money. Mayor Pro Tern Kelley agreed with the Committee and the
voters voted for a four year term.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ACCEPT
THE COMMITTEE RECOMMENDATIONS AS PRESENTED.
Councilman Magee made a substitute motion.
",.....
MOVED BY MAGEE, SECONDED BY HICKMAN TO ADOPT THE
EVEN YEAR ELECTION CYCLE STARTING IN 2006 AND 2008.
AGENDA ITEM NO. \ \ ex. .
PAGE.J..9. OF :t \ 1
Page Twenty - Special City Council Minutes - November 3, 2004
.....,.
Mayor Buckley questioned if the City Treasurer was affected. City Attorney
Leibold indicated that it could be shortened or lengthened by twelve months.
Councilman Magee modified the substitute motion to include extending the
City Treasurer position to 2008.
MOVED BY MAGEE, SECONDED BY mCKMAN AND CARRIED
WITH A VOTE OF 3-2 WITH KELLEY AND SCHIFFNER
OPPOSING TO EXTEND THE CURRENT COUNCIL AND CITY
TREASURER TERMS FOR ONE YEAR TO ADOPT EVEN YEAR
ELECTION STARTING IN 2006 AND 2008.
Mayor Buckley requested that the Committee give a presentation at the
November 9, Council Meeting. Chairwoman Atkins commended the City
staff on their assistance to the Committee.
CITY MANAGER COMMENTS
'-'
None.
CITY ATTORNEY COMMENTS
None.
CITY COUNCIL COMMENTS
None.
ADJOURNMENT
THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT
7:30 P.M.
THOMAS BUCKLEY, MAYOR
CITY OF LAKE ELSINORE
AGENDA ITEM NO. . \ .~.
PAGE ;).. 0 OF ~ \
.....,.
".......
"........
"""
Page Twenty-one - Special City Council Minutes - November 3, 2004
Respectfully submitted,
Frederick Ray, Deputy City Clerk
ATTEST:
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
AQENDA ITEM NO..J . ex.. .
" PAGE ~ \ OF d.. \
,,-.
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NOVEMBER 23, 2004
**************************************************************
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Buckley at 5:00
p.m.
ROLL CALL
PRESENT: COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
,.-,
ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Pressey, Community
Development Director Brady, Community Services Director Sapp, Lake &
Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Parks &
Open Space Manager Fazzio, Planning Manager Villa, Public Works
Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer
Weber and City Clerk/Human Resources Director Kasad.
CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.9)
Property: 32395 Corydon Street
Negotiating Parties: KB Homes and City of Lake Elsinore
Under Negotiation: Price and Terms
,,-.
AGENDA ITEM NO. _ _ \ . b .
PAGE-L OF 3> I
Page Two - City Council Minutes - November 23, 2004
'-'"
b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.9)
Property: 108 West Heald Avenue
Negotiating Parties: B. Taylor and City of Lake Elsinore
Under Negotiation: Price and Terms
c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City
Manager (Pursuant to Government Code Section 54957)
City Attorney Leibold announced the Closed Session Items as listed above.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:01
P.M.
The Closed Session discussion was completed at 6:25 p.m.
'-'
RECONVENE IN PUBLIC SESSION (7:00 P.M. )
Mayor Buckley reconvened the Regular City Council Meeting in Public Session at
7:01 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Planning Commission Chairman Ron LaPere.
INVOCATION - MOMENT OF SILENT PRAYER
Mayor Buckley led the meeting in a moment of silent prayeI:
ROLL CALL
PRESENT: COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
'-'
AGENDA ITEM NO. \ ,'0 '
,,~ PAGE-2:... OF 3 7
~ Page Three - City Council Minutes - November 23,2004
ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Pressey, Community
Development Director Brady, Community Services Director Sapp, Fire Chief
Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf,
Building & Safety Manager Chipman, Engineering Manager Seumalo, Parks
& Open Space Manager Fazzio, Planning Manager Villa, Public Works
Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer
Weber and City Clerk/Human Resources Director Kasad.
PRESENTATIONS/CEREMONIALS
A.
Presentation - Country Club Heights Advisory Committee.
,......
Mayor Buckley called the Committee members forward for recognition. He
noted that there were five great representatives to be honored. He
recognized John Gonzalez, Gary Jacobs and Chairman Ray Tamargo, and
noted that Vicki Wallace and Ray Booze could not be present for
recognition. He commended them all on a great job. Chairman Tamargo
shared this recognition with the Council, for setting up the committee, and
thanked the Council for the opportunity to serve.
CLOSED SESSION REPORT
City Attorney Leibold reported that the City Council met in Closed Session to
discuss 2 items of real property negotiations on 32395 Corydon and 108 West
Heald with no reportable action. She further reported that the Council met
regarding the Public Employee Performance Evaluation, with no reportable action.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
",........
J.I. Swanson, 1403 Heald, representing the Lake Elsinore Historical Society,
announced that there were two exciting events coming up, being the estate sale in
AGENDA ITEM NO. \ \~ -" ~
PAGE 3 OF 3 7 -
Page Four - City Council Minutes - November 23,2004
~
the basement of the Cultural Center on December 4th and 5th starting at 8 a.m. She
noted that there had been a lot of donations including four sets of model home
furniture; which would be available at wonderful prices. She also announced the
Holiday Home Tour of seven homes and historical sites, including the Chimes.
She advised that tickets were available from Ruth Atkins at 678-1537. She
offered congratulations to Councilman Magee and Gina.
Al Lyons announced the December 11 th Holiday Boat Parade of Lights on the
Lake, and advised that entry forms were available for decorated boats. He
thanked Lake & Aquatic Resources Director Kilroy for his efforts to get the parade
organized. He indicated that they would have trophies and awards, with the
parade launching from Lake Elsinore Marina West. He encouraged interested
parties to contact Mr. Kilroy.
Donna Franson, 7 Villa Valtelena, noted that no action had been taken on the City
Manager tonight, but indicated that their committee had done a survey with
findings that they did not want action taken tonight. She indicated that their
survey found that people were in favor of waiting for the outside auditor's report.
She commented that it was costly to buyout the contract at this time ahd not a
wise move for the City. She encouraged the Council to consider their
constituents' opinions.
.~
Jerry Harmatz, 512 N. Spring, indicated that he had found a hidden treasure on
Main Street, being La Tre Restaurant. He commented that they served a unique,
special food and urged everyone to try the restaurant. He indicated that he had $5
discount coupons for distribution.
PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES
Requests were received to address the following items, and deferred to those
discussions:
Item Nos. 33, 35 and 36.
......",
AGENDA ITEM NO. \, '0 . -
PAGE-s" OF '3 7 ,
~ Page Five - City Council Minutes - November 23, 2004
CONSENT CALENDAR
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS
PRESENTED.
Councilman Hickman named Cindy Hewison as his representative to the Fire
Station Naming Committee.
1. The following Minutes were approved:
a. Joint Study Session - October 26,2004.
b. Regular City Council Meeting - October 26, 2004.
~
The following Minutes were received and ordered filed:
c. Planning Commission Meeting - November 2, 2004.
d. Public Safety Advisory Commission Meeting - May 12,2004.
e. Public Safety Advisory Commission Meeting - June 9, 2004.
f. Public Safety Advisory Commission Meeting - July 14, 2004.
g. Public Safety Advisory Commission Meeting - September 8, 2004.
h. Public Safety Advisory Commission Meeting - October 13,2004.
2. Ratified Warrant List for November 15, 2004.
3. Received and ordered filed the Investment Report for July-September, 2004.
4. Approved Disposal of Surplus Electronic Equipment as Scrap.
5. Authorized City Manager to sign Purchase Order of Phase Two Conversion
of Microfiche Records with Bid America in the amount of $17,500.
~
6.
Authorized City Manager to Sign Agreement with HDR Engineering, Inc.,
in the amount of$32,149.00, to Prepare CEQA Compliance Documents for
AGENDA ITEM NO...) I~ .
PAGE~OF_:37_.
Page Six - City Council Minutes - November 23, 2004
~
General Plan Amendment No. 2004-06, Zone Change No. 2004-07,
Tentative Parcel (Condominium) Map No. 32127, Residential Design
Review No.2004-05 and Conditional Use Permit No. 2004-14 for the
Project known as the Lakeview Villas.
7. Authorized City Manager to Approve Cost Amendment No. 1 with HDR
Engineering, Inc., in the amount of $66,250, for CEQA Compliance
Documents for North Tuscany Hills Project.
8. Approved waiver of City Bidding Requirement in lieu of County procedure
and Authorized City Manager to Approve Purchase Order for Fire Engine
Purchase for Canyon Hills Fire Station in the amount of $350,000.
9.
Authorized Expenditure of $76,878 from Unallocated Revenues for Four
Corners Paving Project, including Lehr Drive, Illinois Street, Kansas Street,
Nebraska Street and Wisconsin Street.
"'"
10. Authorized City Manager to proceed with Purchase of three Pickup Trucks
and Lease of one Pickup Truck as part of the 2004/2005 Vehicle
Replacement Program in the amount of $72,932.28.
PUBLIC HEARINGS
21. Amended Tentative Tract Map No. 30493 (Canyon Hills Specific Plan).
Mayor Buckley opened the Public Hearing at 7: 12 p.m.
Community Development Director Brady advised that this was an amended
tract map within the Canyon Hills Specific Plan. He explained that this
modification was requested due to an outcropping of rock encountered
during the grading. He indicated that it would allow for seven additional
residential lots and one additional open space lot. He noted that the new
project would have 440 total lots with 401 single family lots of increased
SIze. "'"
AGlENOA ITEM NO. \. ~ I -
PAGE~ OF.:rl-
~ Page Seven - City Council Minutes - November 23, 2004
Mayor Buckley asked those persons interested in this item to speak. There
were no public comments.
Mayor Buckley closed the Public Hearing at 7:14 p.m.
MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO APPROVE AMENDED TENTATIVE TRACT
MAP NO. 30493, BASED ON THE ATTACHMENTS AND THE
FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING
CONDITIONS OF APPROVAL:.
FINDINGS
,,--
1. The proposed subdivision, together with the provisions for its design and improvement, is consistent
with the City General Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Code relating
to Subdivisions; and the State Subdivision Map Act.
The project is consistent with the designated land use planning areas, development and design
standards, and all other appropriate requirements contained in the Canyon Hills Specific Plan,
General Plan, City Municipal Code, and Subdivision Map Act.
2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs
specified in the General Plan (Government Code Section 66473.5).
The project is consistent with the land use plan, development and design standards and programs,
and all other appropriate requirements contained in the General Plan.
3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the
public service requirements of its residents, and the available fiscal and environmental resources
have been considered and balanced.
The project is consistent with the City's General Plan and Canyon Hills Specific Plan, will provide
necessary public services and facilities, will pay all appropriate fees, and will not result in any
adverse environmental impact.
4. The design of the subdivision provides to the greatest extent possible, for future passive or natural
heating or cooling opportunities in the subdivision (Government Code Section 66412.3).
~ The project will comply with all appropriate conservation requirements of the City and Uniform
Building Code.
AENDA ITEM NO.~
" PAGE-3-0F 37
Page Eight - City Council Minutes - November 23, 2004
......"
CONDITIONS OF APPROVAL
PLANNING DIVISION CONDITIONS
GENERAL
1. Amended Tentative Tract Map No. 30493 will expire two years from date of approval unless within
that period of time a Final Map has been filed with the County Recorder, or an extension of time is
granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act.
Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be
granted per City Council approval.
2. Amended Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map
Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC),
unless modified by approved Conditions of Approval.
3. Future development shall comply' with those standards and guidelines contained in the Residential
Element, CommerciallInstitutional Element, Public Facilities and Services Element, Resources
Management Element, Circulation Element, Zoning Element, and Community Wide Implementation
Element as contained in the Canyon Hills Specific Plan document.
'-"
4. Amended Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map
Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake
Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval.
5. Future development shall comply with those requirements and provisions contained in the Canyon
Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement, and
Community Facilities District (CFD) No. 2003-02.
6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street
Lighting District, as appropriate.
7. The applicant shall provide all project-related onsite and offsite improvements as described in the
Canyon Hills Specific document and Amended Tentative Tract Map No. 30493.
8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills
Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR.
9. All future proposals shall be reviewed by the City on a project-by-project basis. If determined
necessary by the Community Development Director or designee, additional environmental analysis
will be required.
10. Future construction shall meet all Riverside County Fire Department standards for fire protection
and
""'"
AGENDA ITEM NO. \. ~ ~ ..
PAGE ct OF ~7 i
r" Page Nine - City Council Minutes - November 23, 2004
any additional requirements requested by the County Fire Department (see attached comments from
Fire Department dated October 1,2004).
11. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the
City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or
proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or
annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning
implementation and construction of the Canyon Hills Specific Plan, which action is bought within
the time period provided for in California Government Code Sections 65009 and/or 66499.37, and
Public Resources Code Section 21167. The City will promptly notify the applicant of any such
claim, action, or proceeding against the City and will cooperate fully with the defense.
PRIOR TO FINAL TRACT MAP
12. All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan.
13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
,--....
14. Street names within the subdivision shall be approved by the Community Development Director or
Designee.
15. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of
the City of Lake Elsinore.
16. The applicant shall comply with all conditions of the Riverside County Fire Department.
17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
PRIOR TO DESIGN REVIEW APPROVAL
18. All future structural development associated with this map reqUlres separate Design Review
approval.
19. Prior to Design Review approval, the applicant shall show the following:
. Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size,
and location of trees, shrubs, groundcover, hardscape, etc. to be provided.
. Show that architectural treatments and articulation will be provided along all elevations, not only
the front elevations. At a minimum, foam surrounds will be provided around all windows located
along the side and rear elevations.
,-.. . Those side and rear elevations that are within the public view will be provided with additional
architectural enhancements and articulations.
AGENDA ITEM NO. J . b .
PAGE ot OF :3 71
Page Ten - City Council Minutes - November 23, 2004
.....,.
· Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap
around the side elevation and be flush with the front return walls.
· All front return walls shall be constructed of decorative masonry concrete block. Wooden front
returns are not allowed.
· Perimeter walls around the subdivision shall be of decorative masonry concrete block.
20. Design for all drainage basins proposed with Amended Tentative Tract Map No. 30493 shall be
approved by the City Engineering Manager and Community Development Director or designee.
Security fencing shall also be shown. Chain-link fencing is prohibited.
PRIOR TO BUILDING PERMIT/GRADING PERMITS
21. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete
an "Acknowledgment of Conditions" and shall return the executed original to the Community
Development Department.
22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements,
where applicable, prior to each phase of development of the project. .....,
23. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the
Fire Department for future phases. Said Plan and Program shall show those special treatments
necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable
vegetation and shall describe the method of removal and installation, and provisions for maintenance.
The City's Landscape Architect shall ensure compliance of said program.
24. The applicant shall comply with the following City programs: the City Source Reduction and
Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management
Plan and Integrated Waste Management Plan.
25. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve
letter) to the City Engineer, for all required utility services.
26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
27. Amended Tentative Tract Map No. 30493 shall annex into the existing Canyon Hills Homeowner's
Association.
28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified
School District (LEUSD) prior to issuance of building permits.
29. Pay all applicable fees including park fees.
"'"
AGENDA ITEM NO. J lb.
PAGE.JQ. OF37 ~
~ Page Eleven - City Council Minutes - November 23,2004
30. The applicant shall provide connection to public sewer for each lot within any subdivision. No
service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans
and profiles for submittal to the EVMWD.
31. The applicant (master developer) shall prepare a Community-Wide Wall Plan for the entire Canyon
Hills area.
32. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan
addressing the following:
. Show that a masonry or decorative block wall will be constructed along the entire tract boundary.
. Show materials, colors, and heights of rear, side and front walls/fences for proposed lots.
. Show that front return walls shall be decorative masonry block walls. Front return wood fences
shall not be permitted.
. Show that side walls for corner lots shall be decorative masonry block walls.
,......
. Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap
around the side elevation and be flush with the front return walls.
33. The applicant shall submit plans to the electric utility company for a layout of the street lighting
system. The cost of street lighting, installation as well as energy charges shall be the responsibility
of the developer and/or the association. Said plans shall be approved by the City and shall be
installed in accordance with the City Standards.
34. The applicant shall meet all requirements of the providing electric utility company.
35. The applicant shall meet all requirements ofthe providing gas utility compmy.
36. The applicant shall meet all requirements of the providing telephone utility company.
37. A bond is required guaranteeing the removal of all trailers used during construction.
38. All signage shall be subject to Planning Division review and approval prior to installation.
39. Any alterations to the topography, ground surface, or any other site preparation activity will require
appropriate grading permits. A Geologic Soils Report with associated recommendations will be
required for grading permit approval, and all grading must meet the City's Grading Ordinance,
subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills
and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are
~ required. The applicant shall bond 100% for material and labor for one year for erosion control
landscaping at the time the site is rough graded.
AQENDA ITEM NO. ,.~-
PAGE.-ll OF 3 1 \
Page 1\velve - City Council Minutes - November 23,2004
......."
40. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not
commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity
shall not take place on Saturday, Sunday, or any Legal Holidays.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
41. The applicant shall restrict all construction traffic from using Lost Road, south of the project
boundary. All construction traffic will access the project area from Canyon Hills Road. .
42. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust
suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust
suppression techniques may include soil watering, application of soil binders, and/or placement of
gravel or other appropriate material to minimize vehicle generated dust.
43. Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of
these open space lots shall be the responsibility of either the Conservancy and/or HOA.
44. The applicant shall comply with applicable requirements of the Riverside County Flood Control and
Water Conservation District and their letter dated October 6, 2004 (attached).
ENGINEERING nMSION CONDITIONS
......"
45. Provide detention/desilting basin for the difference in storm runoff between the developed and
undeveloped flows caused by project, unless previously provided.
46. Dedicate and improve full width of Hillside Drive. Street improvements shall be consistent with
Canyon Hills Specific Plan.
47. Dedicate and improve full half-width of Canyon Hills Road. Street improvements shall be consistent
with Canyon Hills Specific Plan.
48. Dedicate and improve full width of internal streets. Street improvements shall conform to Canyon
Hills Specific Plan standards for local street cross sections.
49. No parking shall be allowed on project frontage of Canyon Hills and Hillside Drive. Applicant shall
provide for 'No Parking' signage for these streets on the street improvement plans.
50. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees,
area drainage fee, traffic impact fee (TIF), TUMF, encroachment permit fees and inspection fees
associated with the project and its development. Those fees that are exempted by the Development
Agreement shall apply.
51. Desirable design grade for local streets should not exceed 9%. The maximl,1m grade of 15% should
only be used because of design constraints. ......"
AGENDA ITEM NO.--LL
PAGE I 2.. OF 3 7 ~
,..... Page Thirteen - City Council Minutes - November 23, 2004
52. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8
W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public
works improvements will be scheduled and approved.
53. The applicant shall install permanent bench marks in compliance with Lake Elsinore Municipal
Code 16.32.
54. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present on-site. In the event a study is not required, a certified letter from a
geologist or geotechnical engineer shall be provided.
55. All Public Works requirements shall be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
56. Tentative Tract Map 30493 shall be subject to all applicable conditions of approval of Tentative
Tract 23848 (Canyon Hills Development) and the approved Specific Plan.
57. Pay all Development and Plan Check fees (LEMC 16.34, Resolution 85-2l?).
/""""
58. Submit a "Will Serve" letter to the City Engineering Department from the applicable water agency
stating that water and sewer arrangements have been made for this project. Submit this letter prior to
final map approval.
59. All grading of open space lots or hillside adjacent to lots or roadways shall be secured with long
term erosion control measures including a maintenance plan.
60. Lettered lot A, Band C shall be owned and maintained by a homeowner's association.
61. The applicant shall construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC
16.34).
62. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer.
Improvements shall be designed and constructed to Riverside County Road Department Standards,
latest edition, and City Codes (LEMC 12.04 and 16.34).
63. The applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to final map approval.
64. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8
W' x II" Mylar) shall be submitted to the Engineering Department before final inspection of public
works improvements will be scheduled and approved.
,.....
AQENOA ITEM NO.~
PAGEl.1. OF 37 4
Page Fourteen - City Council Minutes - November 23, 2004
.....,
65. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to final map approval.
66. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
67. Provide fire protection facilities as required in writing by Riverside County Fire.
68. Provide street lighting and show lighting improvements as part of street improvement plans as
required by the City Engineer.
69. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations.
70. The applicant shall submit a traffic control plan showing all traffic control devices for the tract to be
approved prior to final map approval. All traffic control devices shall be installed prior to final
inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets
within the tract.
71. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall
submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300
per sheet for City digitizing.
.....,
72. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving
utility .
73. Grading plans shall be prepared by a California Registered Civil Engineer and approved prior to
grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post
appropriate security. Grading plans shall show all drainage patterns.
74. The applicant shall provide soils, geology and seismic report including street design
recommendations. The applicant shall also provide a final soils report showing compliance with
recommendations.
75. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all
slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater
than 30 ft. in height shall be contoured.
76. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners
by a letter of drainage acceptance or conveyed to a drainage easement.
77. On-site drainage facilities located outside of road right-of-way should be contained within drainage
easements shown on the final map. A note should be added to the final map stating "Drainage
easements shall be kept free of buildings and obstructions".
'-""
AGENDA ITEM NO.
PAGE~OF
L h,
31~
,,-.. Page Fifteen - City Council Minutes - November 23,2004
78. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the City Engineer.
79. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City
Engineer prior to approval of final map. The applicant shall mitigate any flooding and/or erosion
caused by development of site and diversion of drainage.
80. All drainage facilities in this tract shall be constructed to Riverside County Flood Control, District
Standards.
81. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain
system; the wording and stencil shall be approved by the City Engineer.
82. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be
contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities
shall be installed.
,,-..
83. A drainage acceptance letter will be necessary from the downstream property owners for outletting
the proposed storm water run-off on private property.
84. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan prior
to issuance of grading permits. The applicant shall provide a SWPPP for post construction which
describes BMP's that will be implemented for the development and including maintenance
responsibilities.
85. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the
development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness
education materials on good housekeeping practices that contribute to protection of storm water
quality and set the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage
Area Management Plan.
86. "E"Street is on the inside of a curve and will only be permitted when adequate sight distance is
verified by a registered civil engineer. If site distance can be obstructed, a special limited use
easement must be recorded to limit the slope, type of landscaping and wall placement.
87. The width and turning radii of private streets must be approved by Riverside County Fire Dept. prior
to final map approval. The private streets must be wide enough with sufficient turning radii to
accommodate a city trash truck.
88. Canyon Hills Road and Hillside Drive shall be improved as specified in the Canyon Hills Specific
Plan Transportation Phasing Program except for the allowance of left turn lanes at intersections
and/or driveways for safety prior to the first certificate of occupancy.
,,-..
AGENDA ITEM NO..J ' b .
PAGE.l2:. OF .J 7 ~
Page Sixteen - City Council Minutes - November 23, 2004
......,
89. The applicant shall provide a homeowner's association with CC&R's for maintenance of the open
space.
90. The large open space lots adjacent to residential lots shall have areas designated as fuel modification
zones for a firebreak to be maintained by a homeowner's association.
91. Applicant shall comply with a Cultural Resources Mitigation Program prior to final map approval or
grading permit (whichever occurs first). The program shall be based on site evaluations by qualified
archaeologists and historians to establish significance of each site and a detailed plan for appropriate
mitigation, subject to the approval of the Community Development Director. Compensation for
disturbances to cultural resources shall be provided by a program to recover information from sites
that shall be monitored by archaeologists. In the event significant historic material is discovered, it
shall be removed before grading occurs:
92. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant
shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris,
vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
22. Amendment No. 1 to Tentative Parcel Map No. 30395 located on Pasadena
Street from Central Avenue to Third Street. Assessor Parcel No.(s) APN
377-140-017 & 019.
......."
Mayor Buckley opened the Public Hearing at 7: 15 p.m.
Community Development Director Brady explained that this project would
subdivide six lots to twelve lots on Pasadena Street, between Central/Third
and the Outflow Channel. He advised that a portion of the project would be
developed by Near Cal Corporation, and as part of the existing agreement,
the improvements to Pasadena Street would be completed.
Mayor Buckley asked those persons interested in this item to speak. There
were no public comments.
Mayor Buckley closed the public hearing at 7:16 p.m.
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE AMENDMENT NO.1 TO TENTATIVE
PARCEL MAP NO. 30395 BASED ON THE FOLLOWING FINDINGS AND ......,
AQENOA ITEM NO.~
PAGE I b OF 31"
" Page Seventeen - City Council Minutes - November 23,2004
EXHIBITS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL.
FINDINGS
1. The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the General Plan. The proposed subdivision is compatible with the
objectives, policies, general land uses and programs specified in the General Plan
(Government Code Section 66473.5).
2. The effects this project is likely to have upon the housing needs of the region, the public
service requirements of its residents and the available fiscal and environmental resources
have been considered and balanced.
3. Subject to the attached conditions of approval, the proposed project is not anticipated to
result in any significant environmental impact.
" PLANNING DIVISION
1. Amendment No. I to Tentative Parcel Map No. 30395 will expire two (2) years from date of
approval unless within that period of time a final map has been filed with the County Recorder, or
an extension of time is granted by the City of Lake Elsinore City Council in accordance with the
Subdivision Map Act.
2. Amendment I, of Tentative Parcel Map No. 30395 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore
Municipal Code, Title 16 unless modified by approved Conditions of Approval.
3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the
City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against
the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval
of the City, its advisory agencies, appeal boards, or legislative body concerning TPM No. 30395,
which action is bought within the time period provided for in California Government Code Sections
65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify
the Applicant of any such claim, action, or proceeding against the City and will cooperate fully
with the defense. If the City fails to promptly notify the Applicant of any such claim, or
proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City.
"
4. Prior to final map approval of Amendment 1, of Tentative Parcel Map No. 30395, the
improvements specified herein and recommended approved by the Planning Commission and
approved by the City Council shall be installed, or agreements for said improvements, shall be
O Lb.
AQENOA ITEM N .
PAGE_lloF 37
Page Eighteen - City Council Minutes - November 23, 2004
.....,
submitted to the City for approval by the City Engineer, and all other stated conditions shall be
complied with. All uncompleted improvements must be bonded for as part ofthe agreements.
5. All of the improvements shall be designed by developer's Civil Engineer to the specifications ofthe
City of Lake Elsinore.
6. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
7. The applicantshall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified
School District (LEUSD) prior to issuance of a eertifieate of 6empliaaee building permit.
(Amended per Planning Commission, November 16, 2004)
8. Pay all applicable park fees in force at time of issuance of building permits.
9. The applicant shall provide connection to public sewer for each lot within the subdivision prior to
building permit. No service laterals shall cross adjacent property lines and shall be delineated on
engineering sewer plans and profiles for submittal to the EVMWD.
10. The applicant shall meet all requirements of the providing electric utility company.
.....,
11. The applicant shall meet all requirements of the providing gas utility company.
12. The applicant shall meet all requirements of the providing telephone utility company.
13. All trailers, mailboxes and signage used during construction shall be subject to Planning Division
review and approval prior to installation.
14. All development associated with this map requires separate Design Review approval pursuant to
Section 17.82 of the Lake Elsinore Municipal Code.
15. Prior to issuance of any grading permit or building permit, sub-divider shall sign and complete an
"Acknowledgment of Conditions" and shall return the executed original to the Community
Development Department.
16. Prior to issuance of building permit the applicant shall submit a Sign Program for the entire
complex. This Program shall include size, location and color restricts for each building. The
program shall include size, location and color for any monuments signs.
17. The applicant shall record a CC&R that provides for irrevocable reciprocal parking, circulation,
ingress and egress, loading and landscaping maintenance easements in favor of all lots. It shall also
enforce standards of building maintenance and participation in landscape maintenance. The CC&R
shall be approved by the Community Development Director prior to building permit.
.....,
AQENOA ITEM NO.~
PAGEliOF 31 \
,..-. Page Nineteen - City Council Minutes - November 23, 2004
18. The applicant shall provide an access road to mitigation or Flood Control for the purpose of vector
control.
ENGINEERING DIVISION
19. All Public Works requirements shall be complied with as a condition of development as specified
in the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
20. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34. Resolution 85-
26); including traffic mitigation fees applicable to square footage of industrial building area and the
drainage fee.
21. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency
stating that water and sewer arrangements have been made for this project. Submit this letter prior
to final map approval.
22. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be
approved and signed by the City Engineer prior to final map approval (LEMC 16.34).
,..-
23. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil
Engineer. Improvements shall be designed and constructed to Riverside County Road Department
Standards. latest edition. and City Codes (LEMC 12.04 and 16.34).
24. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to final map approval.
25. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for
construction of public works improvements (LEMC 12.08 and Resolution 83-78).
26. All compaction reports. grade certifications. monument certifications (with tie notes delineated on 8
12" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public
works improvements will be scheduled and approved.
27. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to final map approval.
28. Arrangements for relocation of utility company facilities (power poles. vaults. etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
29. Provide fire protection facilities as required in writing by Riverside County Fire.
".,.-.
30. Provide street lighting and show lighting improvements as part of street improvement plans as
required by the City Engineer.
AQENDA ITEM NO. J · b .
PAGE.l1.0F S 7 .
Page Twenty - City Council Minutes - November 23, 2004
......"
31. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations.
32. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be
approved prior to final map approval. All traffic control devices shall be installed prior to final
inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets
within the tract.
33. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant
shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay
$300 per sheet for City digitizing.
34. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving
utility .
35. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A
grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the
grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined
by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a
grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be ......"
conducted before grading begins.
36. Provide soils, geology and seismic report including street design recommendations. Provide final
soils report showing compliance with recommendations.
37. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present on-site.
38. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property
owners by a letter of drainage acceptance or conveyed to a drainage easement.
39. On-site drainage facilities located outside of road right-of-way should be contained within drainage
easements shown on the final map. A note should be added to the final map stating: "Drainage
easements shall be kept free of buildings and obstructions".
40. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the City Engineer.
41. The applicant shall meet all requirements ofLEMC 15.64 regarding flood hazard regulations.
42. The applicant shall meet all requirements ofLEMC 15.68 regarding floodplain management.
43. No structures can be built in the floodway. For structures built in the flood plain, the finish floor
......"
AQENDA fTEM NO.
"'-, PAGE ?- 0 OF
\.b,
31
".- Page Twenty-One - City Council Minutes - November 23, 2004
elevation must be at or above the base flood elevation.
44. The applicant shall provide FEMA elevation certificates prior to certificate of occupancies.
45. The floodway and floodplain must be designated on the final map.
46. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the
Riverside County Flood Control District prior to approval of final map. Developer shall mitigate
any flooding and/or erosion caused by development of site and diversion of drainage.
47. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District
Standards.
48. All drainage structures outletting into the Outlet Channel must receive approval from the Riverside
County Flood Control District.
49. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain
system, the wording and stencil shall be approved by the City Engineer.
,........
50. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains
should drain to a landscaped area when ever feasible.
51. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be
contained within the street right-of-way. When either of these criteria's are exceeded, drainage
facilities should be installed.
52. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all
Master Planned Drainage facilities constructed.
53. Provide Phasing Plan for the site and Pasadena Ave. for the City Engineer's approval.
54. Applicant shall cause to be recorded a CC&R, applicable to lots one through five (1-5), which
provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance
easement in favor of all lots subject to the approval of the director of Community Development &
the City Attorney. The CC& R shall enforce standards of building maintenance, participation in
landscape maintenance, prohibition of outside vehicle or material storage. (Amended per Planning
Commission, November 16,2004)
55. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction
which describes BMP's that will be implemented for the development and including maintenance
responsibilities.
".-
AQENOA ITEM NO. Jib.
"'PAGEll OF .3 7
Page Twenty-Two - City Council Minutes - November 23, 2004
""-'
56. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the
development in the use of herbicides, pesticides, fertilizers as well as other environmental
awareness education materials on good housekeeping practices that contribute to protection of
stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County
NPDES Drainage Area Management Plan.
57. Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual
(particular attention should be taken for intersections on the inside of curves). If site distance can be
obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping
and wall placement.
58. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant
shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris,
vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1131 - Zone Change NO. 2004-11 - Best
Western Hotel.
""-'
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT
ORDINANCE NO. 1131, UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO. 1131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO.
2004-11 CHANGING THE ZONING DESIGNATION OF THE
PARCELS SPECIFICALLY DESCRIBED AS APN(S) 363-172-004,013
AND 020 FROM C-l NEIGHBORHOOD COMMERCIAL TO C-2
GENERAL COMMERCIAL DISTRICT UNDER THE ZONING
ORDINANCE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
HICKMAN, KELLEY, ""-'
ACENOA ITEM NO...lk..
". PAGE '1-~OF .3 7
,,-. Page 1\venty- Three - City Council Minutes - November 23, 2004
MAGEE, SCHIFFNER,
BUCKLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
32. Second Reading - Ordinance No. 1132 - Amended and Restated
Development Agreement with Castle & Cooke.
MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT
ORDINANCE NO. 1132, UPON SECOND READING BY TITLE ONLY.
/""""'
ORDINANCE NO. 1132
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING AN AMENDED AND RESTATED
DEVELOPMENT AGREEMENT WITH CASTLE & COOKE LAKE
ELSINORE OUTLET CENTERS, INC.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
BUCKLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
,,-.
ABSTAIN:
COUNCILMEMBERS:
NONE
AQENOA ITEM NO. JIb ·
PAGE.2],OF 3 7
Page Twenty-Four- City Council Minutes - November 23,2004
'-'
33. Request by City Treasurer Weber to Approve a Financial Audit of 2003
Series H Bond. Issued on October 1. 2003 - $10.000.
City Treasurer Weber explained that this would be the first of this type of
audit on any outstanding bonds, and noted that this was about a $31 million
bond. He indicated that it would track the financials on the bond, although
the history was already known. He clarified that it would show the money
flows and the developers that had come in and gone out of the process. He
noted a letter from the Debt Advisory Commission, stating that they were in
support of this action, as it was always best to have a second set of eyes to
look at these matters. He suggested a time line that would complete the
process by the end of March, and noted that the City's Bond Counsel would
help with the money trail to give the auditor a good head start on the
process. He stressed that this was a good action for the City.
Edith Stafford, 29700 Hursh, indicated that she was in support of the audit.
'-'
Councilman Magee thanked the City Treasurer for his involvement and
work, and Administrative Services Director Pressey and his staff for
working with the Treasurer. He questioned how the payment comes out of
the bond to pay for these services. City Treasurer Weber indicated that Mr.
Pressey was more aware of this process, but it was possible to take it out of
the administrative portion. He explained that the bonds included a reserve
account, the bond fund and the administrative account. He noted that the
administrative account also pays the fiscal agent, etc.; and indicated that it
was a pretty common practice to do so. Councilman Magee inquired if this
was a self monitoring mechanism. Administrative Services Director
Pressey confirmed. Councilman Magee thanked Mr. Weber and Mr.
Pressey for their efforts.
Councilman Schiffner suggested that the City's own staff could provide all
of the information on this issue and probably had. He indicated that he did
not think that spending another $10,000 would explain it any better; so he
expressed opposition to the audit. ~
AGENDA lTEM NO. J · b.
PAGE~OF 37
,-...
Page Twenty-Five - City Council Minutes - November 23, 2004
~
Mayor Pro Tern Kelley questioned the recommendation which says,
" . . . ..authorize the office to write and distribute the request for proposal.."
She indicated that she believed it should come from Administrative Services
Director Pressey's office. City Treasurer Weber indicated that he would be
working with Mr. Pressey on it, but will be looking for some specific items.
Mayor Pro Tern Kelley questioned the appropriateness of that participation.
City Treasurer Weber suggested that Mr. Pressey might not include
everything he wants included. Mayor Pro Tern Kelley questioned the
request for proposal and if Mr. Pressey would be working with Mr. Weber to
write them. Administrative Services Director Pressey indicated that
basically as a matter of practicality he and Mr. Weber would be writing the
request and they would jointly mail it out and come up with the list of firms.
Mayor Pro Tern Kelley stressed that she wanted to be sure it was a joint
effort, and that the Council would get a copy before it was sent out. She
indicated that it was also her understanding that the process of the audit
would involve the financial team of Rod Gunn and Don Hunt as part of the
whole process. Administrative Services Director Pressey confirmed that
both were supportive of the audit and would be doing a large part of the
legwork based on specific questions. He noted that they came up with a
few additional points for review. He explained that the independent
auditor would review the summary and determine that it was prepared
correctly. He stressed that the financial team was on board with the whole
process. Mayor Pro Tern Kelley stressed that she wanted them on board.
Councilman Magee indicated that he wanted to make sure the RFP included
not only a request for findings, but also a request for recommendations on
how to proceed and appropriate next steps.
,-..
MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY A
VOTE OF 4 TO 1 WITH SCHIFFNER CASTING THE DISSENTING VOTE
TO APPROVE $10,000 TO PERFORM THE AUDIT OF 2003 SERIES H
BONDS ISSUED ON OCTOBER 1,2003, AND AUTHORIZED THE CITY
TREASURER'S OFFICE IN COOPERATION WITH CITY STAFF TO
WRITE AND DISTRIBUTE A REQUEST FOR PROPOSALS FOR
AGENDA .reM NO. \, b .
, PAGE_)S OF b 7 -,
Page 1\venty-Six - City Council Minutes - November 23,2004
...""
AUDITOR SELECTION.
34. 211 Referral System - $3.761.
Mayor Buckley explained that this would be similar to the 911 system for
government agencies, but served volunteer agencies and community service
resources. He suggested that instead of knowing the number of the Braille
Institute, someone would call 211 and be hooked up directly. He noted that
it would also address public health issues. He advised that the system
would be paid for by each City, at a rate of $.13 per person, or for Lake
Elsinore at a rate of$3,761 per year until the next census. He noted that the
matter came up to WRCOG for consideration, and would soon be in
operation in Los Angeles, Ventura, San Diego, Orange, San Bernardino and
Riverside Counties. He advised that service was anticipated to begin on
July 1 st, but was already in operation in a number of other states. He noted
that it was suggested that this would reduc;e the number of non-emergency
calls received by the 911 system.
'-'
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO APPROVE PARTICIPATION IN THE 211
REFERRAL SYSTEM AND ALLOCATE $3,761 FROM THE
UNALLOCATED RESERVES FOR THE CITY'S FINANCIAL
PARTICIPATION.
35. Ordinance No. 1133 - Amending Section 2.08.025 of the Lake Elsinore
Municipal Code. Changing the Date of the City's General Municipal
Election and Adding Section 2.08.026 Providing for the Extension of Terms.
City Attorney Leibold explained that the Electoral Reform Committee was
established and asked to evaluate and make recommendations on about
seven different issues. She further explained that they made their
recommendations and the City Council directed her office to prepare two
items as soon as possible. The first being this ordinance to change the
election date from November odd numbered years to November even -..",;
..J}o .
AGENDA ITEM NO. -
"', PAGE.,UOF3J-
" Page 1\venty-Seven - City Council Minutes - November 23, 2004
numbered years. She noted that municipal laws allow cities to establish
varying election dates including this consolidation. She explained the
process, noting that this ordinance would be effective 30 days after
adoption. She clarified that it proposed shifting future elections starting in
November, 2006, which would postpone the 2005 election and extend the
terms of all current elected officials.
~
James Judziewicz, Electoral Reform Committee membet; thanked the
Council for the Electoral Reform Committee and thanked Mayor Pro Tern
Kelley for his appointment. He indicated that it was an educational
experience and advised that the Committee took time and did a great job in
finding out what was best for the City. He clarified that the Committee did
not recommend the changes as being considered tonight. He explained that
they saw the value of even numbered years, but not of extending terms by
one year. He stressed that the Committee did not vote for anyone to be
there for three or five more years. He requested that the Council
reconsider that issue, and noted that Councilman Magee was the swing vote
on it. He commented that this would be a 25% increase in the elected
official terms. He stressed that the Committee presented a better way to get
to even years, and encouraged the public to ask the committee how they
would have structured the transition. He commented that it would have
increased some costs, but would far outweigh taking away the right of the
people to elect someone to a specific term.
Donna Franson, 7 Villa Valtelena, commented that this was another matter
on which they surveyed their membership. She noted that several people
questioned the legality of this change. She indicated that a few members
had no problem with extending the terms, until they learned the cost to send
out notices to registered voters. She noted that others were concerned with
a special meeting that was not televised. She requested that the Council
consider the constituents when voting.
"
City Attorney Leibold clarified the fiscal impact change would be about
$6,000 with notices to about 12,000 registered voters. She further clarified
AGENDA ITEM NO._\ ,~.
PAGE2:l OF 3 7
Page Twenty-Eight - City Council Minutes - November 23,2004
...."""
that the notices would be required no matter when the change occurred.
Councilman Schiffuer commented that the Council appointed the
Committee with the intention of getting recommendations from them. He
concurred with Mr. Judziewicz that the Committee gave this long and hard
consideration and came back with a reasonable suggestion that would not
have impacted anyone. He suggested that it was a bit arrogant of the
Council to extend their terms by a year. He expressed hopes that the
Cou~cil would reconsider this recommendation by the Committee. He
indicated that he did not approve of the ordinance as presented.
Councilman Hickman indicated that he could not see voting each year, and
noted that it would save about $40,000 an election. He also noted that it
would draw a higher voter turnout. He stressed that this action was a
benefit for the community.
...."""
Mayor Pro Tern Kelley repeated what was said at the special meeting, that
each Councilmember appointed someone to the committee and gave them
seven tasks to study, which they did very competently. She indicated that
they came back with thorough and competent suggestions, including
elections in 2005, 2007 and 2008. She commented that while it was one
more election, it would phase the change in and the voters would know the
term they were voting for. She stressed that the current elected officials
were elected for four year terms, not five year terms. She noted that there
seemed to be no problem with spending money on fireworks and other
things, and there should not be a problem with spending money to give the
people a voice. She suggested that the Committee proposal was fair and
did not change the terms. She indicated that she could not support this
ordinance.
Mayor Buckley commented that regarding the shift to 2006 and 2008, he
was discussing the change in 200 I and he would have been just as happy to
have seen the change last year. He stressed that it was all about increasing
participation in local elections. He indicated that the overriding point was '-'"
AGENDA ITEM NO. \ \ b r
PAGE-2:[OF 374,
~. Page 1\venty-Nine - City Council Minutes - November 23, 2004
to make the civic body healthier through increased participation. He
stressed the need to stop the sense of disconnect with City Hall, and
suggested that this would do an incredible service for decades to come. He
expressed support for the change.
MOVED BY HICKMAN, SECONDED BY BUCKLEY TO ADOPT
ORDINANCE NO. 1133, UPON FIRST READING BY TITLE ONLY:
ORDINANCE NO. 1133
~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING SECTION 2.08.025 OF THE
LAKE ELSINORE MUNICIPAL CODE CHANGING THE DATE OF
THE CITY'S GENERAL MUNICIPAL ELECTION AND ADDING
SECTION 2.08.026 PROVIDING FOR THE EXTENSION OF TERMS.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
HICKMAN, MAGEE,
BUCKLEY
NOES:
COUNCILMEMBERS:
KELLEY, SCHIFFNER
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
36.
Resolution No. 2004-67 - Giving Notice of Intent to Submit to the Qualified
Electors a Proposed Measure Relating to the Elimination of the Office of
Elected Treasurer in Favor of an Appointive Office.
~
City Attorney Leibold noted that there was a recommendation for change in
the Resolution title discussed at the Study Session. She read the corrections
for the record. Mayor Buckley noted that this Ballot Measure would occur
\.h.
AGENDA ITEM NO.
PAGE....2:t OF ~ 1..:.
Page Thirty - City Council Minutes - November 23, 2004
.....,
at the election in 2006, but the City Treasurer would serve his complete
term.
Chris Hyland, 15192 Wavecrest, noted that several years ago there was a
park assessment on the ballot and a group of citizens def~ated it by 80%;
and advised that a new group would be working to defeat this matter by
99%. She noted that in the past the Treasurer had not been given any
material to research, but Mr. Weber had been a light in the sky and a
watchdog. She encouraged. those against this item to contact Edith Stafford
at 245-5704, and stressed that they would be working diligently to keep the
City Treasurer an elected office.
Mayor Buckley noted the ballot question as it would be listed on the ballot.
Mayor Pro Tern Kelley noted another recommendation from the Electoral
Reform Committee, and indicated that this was taking the vote to the ballot,
which she supported. She commented that the voters would have the right
to decide if the position should be appointed or elected. She expressed her
support for this action.
.....,
Mayor Buckley commented that this was discussed at the November 3rd
meeting that went on for three hours. He indicated that he did not want to
short the committee on time to go through the material. He noted that he
abstained on this item at that meeting. He indicated that he agreed that the
voters should participate at all levels, but supported an elected City
Treasurer without question.
Councilman Hickman requested clarification that if this did not pass, the
position would stay as it was. City Attorney Leibold confirmed.
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A
VOTE OF 3 TO 1 WITH HICKMAN CASTING THE DISSENTING VOTE
AND BUCKLEY ABSTAINING TO ADOPT RESOLUTION NO. 2004-67:
.....,
AQENDA ITEM NO. J \ b.
PAGE..3.Q.. OF '3 7 i
" Page Thirty-One - City Council Minutes - November 23, 2004
RESOLUTION NO. 2004-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, GIVING NOTICE OF INTENT TO
SUBMIT TO THE QUALIFIED ELECTORS OF SAID CITY A
PROPOSED MEASURE RELATING TO THE ELIMINATION OF
THE OFFICE OF ELECTED TREASURER IN FAVOR OF AN
APPOINTIVE OFFICE
.37.
Applications for Planning Commission.
,.......
City Manager Watenpaugh explained that this item was to move forward
with applications and advertise, so when Mr. Ryan resigns his position to go
to the Elsinore Valley Municipal Water District Board, there will be a group
of individuals to interview. He noted that this would prevent a long
vacancy on the Planning Commission.
Mayor Buckley congratulated Harvey Ryan on his election and noted that it
was not possible to serve as both a Planning Commissioner and a Water
Board Member. City Attorney Leibold confirmed and clarified the
incompatibility of offices. Mayor Buckley noted that Mr. Ryan would be
allowed to continue on the RDA Committee. He advised that City Hall
would start taking applications immediately and continue until December
lih.
MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO AUTHORIZE STAFF TO PROCEED WITH
ADVERTISEMENT FOR APPLICATIONS.
THE CITY COUNCIL MEETING WAS RECESSED AT 7:53 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 7:56 P.M.
,.......
AGENDA .rEM NO.J lb.
PAGElioF 37
Page Thirty-Two - City Council. Minutes - Novem ber 23, 2004
...,
PUBLIC COMMENTS
William Arnold, 31556 Sagecrest Drive, thanked the Council for their efforts on
the Mello~Roos taxes to provide the citizens of Summerhill the monies from
Wasson Canyon. He indicated that this would assist them with their
overburdened taxation. He thanked them for their decision in that direction. He
noted an article in the Californian quoting the Mayor on his support of the motion,
but commented that it was currently conditional on the matter, as it said "most of
the funds". He expressed concern as to what other activitie~ the funds would be
dedicated to. Mayor Buckley indicated that the vast majority would be so
directed, but the Council had yet to approve the disbursement of the money, and
explained the balancing that would need to occur. He stressed that it would all
have to come back to the Council for consideration. Mr. Arnold indicated that it
was great work, but there was still a lot more to be done. He noted that City
Treasurer Weber had done a great job, but there was a lot more to do. He indicated
that he felt there were funds that could be liberated that could help reduce the
indebtedness, and with diligence, those funds could be uncovered if they existed.
...,
Woodrow Rogers, 31646 Saddle Ridge Drive, read the description of a CFD from
the California tax web page. He indicated that he took a drive to Wasson Canyon
to look at CFD 90-3, and noted that $4.1 million was authorized in 1990 for
infrastructure in the area. He advised that he did not see the infrastructure and
questioned where the money was spent. He commented that the whole bond in
1990 became a major issue for defaults in later bonds. He questioned if the funds
went back into the general budget or the reserve fund. He concurred with City
Treasurer Weber that an audit of the bonds was needed.
City Manager Watenpaugh clarified that out of the $4.1 million, $2 million was
authorized for grading and improvements. He further clarified that Mr. Gunn and
the Finance Team have worked to restructure the funds. He offered to run the
numbers, but concurred that it was very complicated. He indicated that it had been
upside-down, but was now coming into fruition. He commented that it was
hoped that there would be about $1 million to help offset the other districts. He
noted that the repayments would be coming to Council for approval. Mr. Rogers ...,
AGENDA ITEM NO. \ ,~
PAGE 3 ~OF 3 7 j
,- Page Thirty-Three - City Council Minutes - November 23, 2004
noted that the public did not read bond issues, and he only became interested due
to the extreme tax burden. He indicated that he was delighted to have a treasurer
who was not obligated to anyone. He stressed the importance of a qualified
person serving as treasurer.
Mayor Buckley noted that qualifications for office for general law cities were not
allowed. City Attorney Leibold confirmed that the only qualifications to seek
elected office were being 18 years of age and a registered voter in the jurisdiction.
Mayor Buckley commented that a lot of the bonds in the late 1980's were dirt
bonds, but fortunately, the City had not issued any dirt bonds. He concurred that
what happened in the past was reprehensible, but it had not happened in years.
He noted that a lot of other cities did get into the dirt bond business. City
Attorney Leibold noted that many cities had the expectation that development was
on the rise, but the market bottomed out.
"""""
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1) Noted the Christmas boat parade and the need for judges. He
inquired if the City Council members were available, and indicated if
they were not, it would be open to Commissioners.
2)
Indicated that he had visited with the Mayor regarding the General
Plan update. He advised that six proposals were received, staffhad
reviewed them and would like to set up interviews the week of
December 6th. He suggested that Councilmembers Magee and
Schiffuer might like to sit in with staff on the interviews. Mayor
Buckley clarified that this would not be a sub-committee, but rather
they would interact and get a feel for the proposals, without a formal
recommendation. He suggested that it would just give the
Councilmembers a comfort level. City Manager Watenpaugh
indicated that he would follow-up with the Councilmembers.
,-
A{iENOA ITEM NO. J l \0 .
" PAGE33 OF .) 7 t
Page Thirty-Four - City Council Minutes - November 23, 2004
~
3) Advised that there would be an issue coming up regarding the
Princess and its rising and lowering in the water and displacement of
fuel. He indicated that he would discuss it with the Attorney and
representatives, and the Council might have to take action to get it out
of the water soon. Mayor Buckley questioned if staff would know the
cost by the 14th. City Manager Watenpaugh indicated that he could
try for the 14th.
CITY TREASURER COMMENTS
City Treasurer Weber commented on the following:
1) Thanked those that voted for the audit, and expressed hopes that it
would be completed by the end of March. He stressed that there
would be a timeline and the process would be very businesslike.
2)
Addressed the Canyon Hills Development and the road that will go
into Murrieta. Indicated that he discussed it with Mr. Stringer and
there was the possibility of a gate to prevent a huge amount of traffic.
He suggested that staff look at limiting the accessibility.
"""
3) Noted the past drowning and expressed hopes that the fence was still
visible and secure in the area. Mayor Buckley indicated that he
believed that the fence was still in place. Lake & Aquatic Resources
Director Kilroy confirmed that the temporary fencing was still in
place. .
CITY COUNCIL COMMENTS
Councilman Hickman commented on the following:
1) Advised that he attended the dedication of Elsinore First Assembly's
new facility, and indicated that it was a beautiful service and facility.
2)
Indicated that if anyone was interested in adopting a family for the
holidays or making a donation to HOPE, they could contact Bev
....,
AGENDA ITE\vl I"V.J ,~.
" PAGE~OF 3 7
,..-., Page Thirty-Five - City Council Minutes - November 23,2004
Mumphries.
3) Suggested if anyone knew a family in need of Thanksgiving Dinner
could also call Bev Mumphries at HOPE.
4) Reminded the community of the Chamber of Commerce Food and
Toy Drive.
5) Noted the Unity in the Community 5K Race, and indicated that there
was a group from the Bikini Beach Club and detailed their results.
He advised that the parade was also enjoyable. He offered kudos to
all who participated.
6) Wished everyone a Happy Thanksgiving.
,--
Councilman Schiffner commented on the following:
1) Noted that he watched the Unity in the Community parade this year
and was thrilled with the event. He commented that it was truly
something to be proud of.
2) Wished everyone a Happy Thanksgiving.
Mayor Pro Tern Kelley commented on the following:
1) Concurred that the Unity in the Community parade was a wonderful
event, and noted that she walked with her class.
2) Congratulated Councilman Magee and Gina.
3) Wished everyone a Happy Thanksgiving.
".....
4)
Noted that they had about 3 inches of snow at her home on Sunday
and it stayed most of Monday. She commented that it was a nice
AGENDA ITEM NO. -1, h .
PAGE 3 S- OF ;) 7
Page Thirty-Six - City Council Minutes - November 23,2004
......,
welcome to the holidays.
Councilman Magee had no comments.
Mayor Buckley commented on the following:
1) Thanked Jeannie Corral and the volunteers for the Parade and Race,
and noted that they were truly fun.
2) Announced the Holiday Home Tour on December 11 th from 11 a.m. to
3 p.m., and noted that the tickets were available at the museum or
Collectors Corral.
3) Announced the following upcoming events:
December 3rd - Winterfest
December 5th - Open Air Market
December 11 th - Breakfast with Santa
December 11 th - Holiday Boat Parade of Lights
......,
4) Noted that Cops for Kids and HOPE were asking for food and toys to
be dropped off at the Chamber, HOPE or the Police Station.
5) Advised that the contract had been signed with Conrad & Associates
the outside auditing firm, and indicated that they would be starting
work on Monday.
6) Announced that the City would be hosting a meeting on December 9th
for social service organizations to serve as a networking session to
put them together with the churches for mutual benefit. He suggested
both sides could help each other to better serve the community. He
noted that staffwould be sending out letters next week.
7)
Wished everyone a Happy Thanksgiving.
......,
AQENOA ITEM NO. _\ ,~ .
PAGE...3.f. OF "3 1
I"'- Page Thirty-Seven - City Council Minutes - November 23, 2004
ADJOURNMENT
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:16
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. _\ lb.
PAGE.1l. OF 37
,-...
MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NOVEMBER 23, 2004
*************************************************************
CALL TO ORDER
Mayor Pro Tern Kelley called the Joint Study Session to order at 4:05 p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: HICKMAN, KELLEY,
MAGEE, SCHIFFNER,
ABSENT:
",........
COUNCILMEMBERS: BUCKLEY(Mayor Buckley
arrived at 4:15 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, Public Works Manager Payne,
Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio,
Building & Safety Manager Chipman, Engineering Manager Seumalo, City
Treasurer Weber, and Deputy City Clerk Ray.
DISCUSSION ITEMS
Mayor Pro Tern Kelley started the meeting in the absence of Mayor Buckley.
PUBLIC COMMENTS
Bill Tiitto questioned when staff would be fixing the flooding on Lakeshore Drive
between Chaney Street and Riverside Drive. Mayor Pro Tern Kelley indicated that
either City Manager Watenpaugh or Public Works Manager Payne would respond
to his question.
,-...
AOPDA ITEM NO. I c.
'~of I~
PAGE TWO STUDY SESSION MINUTES - NOVEMBER 23,2004
...""
CONSENT CALENDAR
1. Minutes.
Ron Hewison, 35 Villa Valtelena, commented on item lc. He indicated that the
Planning Commission Meeting for November 2, 2004, at the Planning
Commission level approved the October 19,2004, Planning Commission
Minutes, at the October 19th meeting the Lusk, Brehm, Pulte issue was
discussed and agreed. He indicated that the developer agreed to some flip flops
on some lots, during the presentation there were some misstatements made, that
were corrected during the October 19th meeting. He indicated that the minutes
were not presented at the November 2nd meeting. He indicated that the minutes
for the November 2nd meeting were not posted on the internet, therefore he did
not attend the November 2nd meeting,. the October 19th were agendized for the
November 16th meeting. He indicated that he attended that meeting to point out
the minutes were inaccurate. He further indicated that the Planning staffhad
since reviewed the tape and confirmed that the October 19th minutes were
inaccurate. He indicated that the Planning Department was working with the
developer to change the site plan; and he thought that everything agreed upon
during the October 19th Meeting were being adhered to. Mr. Hewison indicated
that he was reluctant to allow the Council the November 2nd minutes which by
implication approved the October 19th minutes, which were being amended. He
indicated that he wanted to make sure that when Council approved the
November 2nd minutes, Council should not be approving the October 19th
minutes within that. He suggested holding the approval of the October 19th
minutes until the issues that were agreed upon were in writing.
......"
Mayor Buckley arrived at the Council meeting at 4:15 p.m.
2. Warrant List: November 23,2004.
Councilman Hickman requested clarification on various checks issued on the
warrant list; and staff clarified.
......"
ACfftOA ITEM .'fO.-1~
'AOi OJ. ' Of ~
~ PAGE THREE STUDY SESSION MINUTES - NOVEMBER 23, 2004
3. Investment Report - July - September, 2004.
No comments.
4. Disposal of Surplus Electronics as scrap.
No comments.
5. Digital Conversion of microfiche records - Bid America - $17,500.
No comments.
6. Authorization to prepare CEQA Compliance Documents -Lakeview Villas.
No comments.
",..--
7. Amend the contract for CEQA Compliance-North Tuscany Hills.
No comments.
8. Fire Engine Purchase for Canyon Hiss Fire Station - $350,000.
No comments.
9. Four Comers Paving Project-Lehr Dr, Illinois St, Kansas St, Nebraska St and
Wisconsin St - $76,878.
Bill Tiitto, 32296 Machado Street, inquired when there would be work
completed at the four comers intersection (Lake shore Drive and Riverside
Drive). City Manager Watenpaugh indicated that the circulation plan was to be
addressed later at the 7 p.m. Council Meeting.
"......
Public Works Manager Payne indicated that in regard to the drainage issue near
Chaney, the Engineer Staffwas addressing designing larger piping through the
area that would carry the flow coming through the Country Club Heights area;
and that would possibly be addressed in the next year's budget. City
AGENOA Ht:lvi liv.
'AOI 3
Ie
OF~
PAGE FOUR STUDY SESSION MINUTES - NOVEMBER 23,2004
~
Manager Watenpaugh clarified it would be addressed and prioritized by
Council.
10. 2004/05 Vehicle Replacement Program - Four Pickup Trucks-$72,932.28.
Councilman Magee questioned the age of the existing vehicles being replaced.
Public Works Manager Payne indicated that the S 1 Os and 1 full size would be
rotated down into the Public Works Fleet and some older vehicles would be
sold. He indicated that 10 years or 100,000 miles was the standard and the
vehicles were rotated out of the fleet and the newer vehicles were rotated
down. Councilman Magee clarified that the older vehicles drop out. Public
Works Manager Payne confirmed and indicated that the dropped out vehicles
were sold at auctions and the money put back into the General Fund.
PUBLIC HEARINGS
21. Amended Tentative Tract Map No. 30493 (Canyon Hills Specific Plan).
...."
No comments.
22. Amendment No. 1 to Tentative Parcel Map No. 30395 located on Pasadena
Street from Central Avenue to Third Street.
No comments.
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1131.
No comments.
32. Second Reading - Ordinance No. 1132.
No comments.
'-'
AOENOA nEM NO. J C
PACE tJ .. OF ?1
,........P AGE FIVE STUDY SESSION MINUTES - NOVEMBER 23, 2004
33. Request by City Treasurer Weber to Approve a Financial Audit of 2003 Series
H Bond, Issued on October 1,2003 - $10,000.
Mayor Buckley deferred to City Treasurer Weber for comments. City
Treasurer Weber indicated that Administrative Services Director Pressey
assisted him in writing the report. He indicated that they were going to follow
the money trail. He indicated that he received a letter from Citibank stating
that they were in favor of the audit and they thought it should be done.
Bill Tiitto, commented on the stadium bonds and questioned the placement of
the funds. Mayor Buckley indicated that the money went to construction and a
series of refinancing.
34.211 Referral System - $3,761.
r- Mayor Buckley indicated the item came before WRCOG and other cities and
the County was in the process of helping to fund the item.
35. First reading - Ordinance NO. 1133.
No comments.
36. Resolution No. 2004-66.
Councilman Magee referred to the language. He indicated the language was
listed as "relating to the elimination of the office." He suggested rewording it
to say "offering voters a choice as to selection of the Treasurer either by
election of appointment." He also commented on the Ordinance. He suggested
the wording be changed to "shall the office of the Treasurer continue to be
elected?"
City Attorney Leibold indicated that the language of the measure was dictated
by the Government Code.
,...
ACEtIDA I.TEM NO.jC
'ACE s- Of <j.
PAGE SIX STUDY SESSION MINUTES - NOVEMBER 23,2004
Mayor Buckley questioned the ability to change the word "elimination". City
Attorney Leibold indicated that it could be changed, as it was an item for
identification for the agenda it had no legislative affect. Mayor Buckley
indicated that it was stated in the Resolution.
Mayor Buckley inquired if Councilman Magee had a suggestion for wording
regarding the language using the word elimination.
Councilman Magee suggested the following - "Offering the voters a choice as
to the selection of the Treasurer either by election or by appointment."
37. Application for Planning Commission.
City Manager Watenpaugh gave an overview of the item. He indicated that Mr.
Ryan was elected to the Water Board.
Councilman Magee indicated that the new process required a letter of
resignation. City Attorney Leibold clarified that the new process required that
the office be vacated and the office was vacated when the member could no
longer serve or was disqualified to serve; and in Mr. Ryan's case he would be
disqualified to serve once he had taken the oath of office for the Water Board
position.
REDEVELOPMENT AGENCY
CONSENT CALENDAR
1. Minutes.
No comments.
2. Warrant List - November 15,2004.
No comments.
ACEtWA niM ..;0.
r. G,
'-*'
'-*'
'-*'
J C
OF'2?
,-.. PAGE SEVEN STUDY SESSION MINUTES - NOVEMBER 23,2004
3. Investment Report - July-September, 2004.
No comments.
4. Amendment No.1 Tentative Parcel Map No. 30395.
No comments.
PUBLIC HEARINGS
None.
BUSINESS ITEMS
None.
~
PUBLIC COMMENTS
Steve Thomson, Los Angeles, commented that he had property in Lake Elsinore.
He indicated that there were a lot of investment opportunities in Lake Elsinore and
he was not speaking of roof tops. He indicated that from the outside looking in the
function of the City seemed to be on a personal level. He indicated that there was
not a collective view from the Council; and they were not working together. He
indicated that City staffhad always assisted him when he needed help. He
suggested holding back the vote on the City Manager until the results of the audit.
ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOURNED AT 5:00 P.M.
".......
THOMAS BUCKLEY, MAYOR
CITY OF LAKE ELSINORE
,'l4,;til\t~A JTEM IVO. J L
PAoe I OF ex
- ,W 7 1
PAGE EIGHT STUDY SESSION MINUTES - NOVEMBER 23, 2004
.....,
DARYL HICKMAN, CHAIRMAN
REDEVELOPMENT AGENCY
Respectfully submitted,
FREDERICK RAY, DEPUTY CITY CLERK
ATTEST:
.....,
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
'-""
AGENDA RiM NO. I C.
'AOE 7? ~ <7\
.
CITY OF LAKE ELSINORE
"......
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
DICK WATENPAUGH, CITY MANAGER
DATE:
DECEMBER 28, 2004
SUBJECT: RESOLUTION OF INTENTION TO ESTABLISH COMMUNITY
FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON) AND
INCUR BONDED INDEBTEDNESS
BACKGROUND
The City's Finance Team has had several meeting with Centex Homes during the
last year.
;0--
ANALYSIS
The developer plans to build 1,012 single family homes in 2 improvement areas
with 2 zones within each improvement area. Build out is projected in the tax
spread analysis for each improvement area by December 2007.
Special Tax
Taxes will begin to be levied for Improvement Area No.1 for the 2005-06 tax year
for homes with building permits issued as of May 1,2005. The average residential
special tax for zone 1 and 2 are estimated at $2,423 and $2,859, respectively. The
average annual special tax for improvement area No.2 is $2,647 and $3,101 for
zone I and 2, respectively. '
The annual CFD tax amounts, when combined with all other property taxes
applicable to the project, are estimated to be approximately 2.00%, which is within
the 2% City CFD guidelines. The tax rate includes estimates for the Lake Elsinore
Unified School District's CFD for the Rosetta Canyon development.
"......
Bond Issue
In order to finance the facilities it is necessary to incur bonded indebtedness in the
amounts not to exceed $23,000,000 and $28,000,000 for Improvement Area No. 1
and 2, respectively.
AGENDA rrEM NO. ;(
'AOE-L-OF ~q
Report to the City Council
CFD 2004-3 (Rosetta Canyon) Formation
December 28,2004
Page 2 of2
.....,
FISCAL IMPACT
Repayment of the bonds are secured by the special taxes levied on all property
within the respective Improvement Areas, 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.
PROCESS
The formation of the Mello-Roos Community Facilities District requires a specific
process as outlined in the attached resolution to establish a CFD. The City Council
will need to hold a public hearing on the formation of the District and for the
approval of the bond documents. At the public hearing the participating property ....,
owner will have the opportunity to vote. The public hearing can be scheduled for
December 28, 2004. Bonds are scheduled to be issued and sold in early February,
2005.
RECOMMENDATION
It is recolTIlTIended that City Council:
1. Adopt Resolution of Intention 2004- :11a.- to Establish CFD 2004-3 (Rosetta
Canyon)
2. Adopt Resolution of Intention 2004- .:l..1- to Incur Bonded Indebtedness
3. Schedule the public hearing on the District Formation for February 11,2005
PREPARED BY:
Matt N. Pre , Director of Administrative Services
Q4J~
Dick Watenpaugh, lty anager
APPROVED FOR
AGENDA LISTING:
....,
..
'AGENDA rrEM NO. J.
,~ ;).~ OF..:a.,.:
~
RESOLUTION NO. 2004 - ~
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE
AMOUNT NOT TO EXCEED $23,000,000 AND $28,000,000 WITHIN
IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO.2,
RESPECTIVELY, OF THE PROPOSED CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA
CANYON)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City")
has heretofore adopted Resolution No. 2004 -_, stating the Council's intention to form
Community Facilities District No. 2004-3 (Rosetta Canyon) (the "CFD"), pursuant to the Mello-
Roos Comrn.unity Facilities Act of 1982, as amended, (the "Act"), to finance the purchase,
construction, expansion or rehabilitation of certain real and other tangible property with an
estimated useful life of five years or longer, including public. infrastructure facilities and other
governmental facilities, which are necessary to meet increased demands placed upon the City as
a result of development or rehabilitation occurring within the proposed CFD (the "Facilities");
and
WHEREAS, the Council has heretofore adopted Resolution No. 2004 ~ _ designating
~ portions of the CFD as Improvement Area No. 1 and Improvement Area No. 2 (each an
"Improvement Area" and collectively, the "Improvement Areas"); and
WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness
in the amounts not to exceed $23,000,000 and $28,000,000 for Improvement Area No. 1 and
Improvement Area No.2, respectively, the repayment of which is to be secured by special taxes
levied in accordance with Section 53340 et seq. of the Act on all property within the respective
Improvement Areas, other than those properties exempted from taxation as provided in the
respective rate and method of apportionment attached as Exhibit B to Resolution No. 2004 -
-'
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 within each Improvement
Area No. 1 and Improvement Area No.2 of the CFD in the amounts not to exceed $23,000,000
and $28,000,000, respectively, to finance the costs ofthe Facilities for each Improvement Area.
Section 3. The indebtedness will be incurred for the purpose of financing the costs of
designing, constructing and acquiring the Facilities, the acquisition of necessary equipment and
property therefor and fulfilling contractual commitments and carrying out the powers and
purposes of the CFD, including, but not limited to, the financing of the costs associated with the
~
45445780.3
AGEN,OA ~TEM NO. ~
'ACiE :J OF 9 q
~
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.
Each Improvement Area shall pay for its bonded indebtedness.
Section 5. It is the intent of the Council to authorize the sale of bonds in one or more
series, in the maximum aggregate principal amount not to exceed $23,000,000 and $28,000,000
for Improvement Area No.1 and Improvement Area No.2, respectively, at a maximum interest
rate not in excess of 12 percent per annum or such rate not in excess of the maximum rate
permitted by law at the time the bonds are issued. The term of the bonds shall be determined
pursuant to a resolution of the Council authorizing the 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 6. A public hearing (the "Hearing") on the proposed debt issue shall be held
on February 8, 2005 at 7:00 p.m. or as soon thereafter as practicable, at the chambers of the
Council, 183 North Main Street, Lake Elsinore, California 92530.
Section 7. At the Hearing at the time and place set forth above, any interested
persons, including all persons owning land within the proposed CFD, may appear and be heard at
the Hearing.
Section 8. The proposition to incur bonded indebtedness in the maximum aggregate
principal amount not to exceed $23,000,000 and $28,000,000 for Improvement Area No. 1 and
Improvement Area No.2, respectively, shall be submitted to the qualified electors of the
respective Improvement Area. A special community facilities district election shall be
conducted on February 8, 2005. The special election shall be conducted by hand delivered ballot
election. The ballots shall be returned to the office of the election officer no later than 11 :00
o'clock p.m. on February 8, 2005.
'-wIfI
Section 9. The Clerk is hereby directed to publish a copy of this resolution, which
shall serve as notice (''Notice'') of the Hearing and the special bond election, pursuant to Section
6061 of the Government Code in a newspaper of general circulation in the proposed CFD.
Section 10. The Clerk may send a copy of the Notice of the Hearing by first-class
mail, postage prepaid, to each registered voter and to each landowner within the proposed CFD
as shown on the last equalized assessment roll.
""'"
45445780.3
2
. AtIENDA J11iM NO. 2.
'AOE~c. "-3- -
,....
,....
,....
PASSED, APPROVED AND ADOPTED this _ day of
CITY OF LAKE ELSINORE
By:
Title: Mayor
ATTEST:
City Clerk of the City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
45445780.3
3
,2004.
AGENDA ITEM NO.
PACE 'C)
~
OF lsCJ
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:
City Clerk of the City of Lake Elsinore
45445780.3
ACENDA iTEM NO.
.AOI . LP
"""
"""
~
~
OF '25'1
,
~
RESOLUTION NO. 2004 -..:J..:l
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE TO ESTABLISH CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA
CANYON) AND DESIGNATING IMPROVEMENT AREAS WITHIN
SAID COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City")
has received a petition (the "Petition") requesting the institution of proceedings for (i) formation
of a community facilities district (the "CFD") pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended (the "Act"), (ii) designation of improvement areas within the CFD, (iii)
authorization of issuance of bonds for each improvement area within the CFD, and (iv)
establishment of an appropriations limit for each improvement area within the CFD; and
WHEREAS, the Council has determined that the Petition complies with the requirements
of Government Code Section 53318( c) and now intends to initiate such proceedings; and
WHEREAS, it is the intention of the Council to finance the acquisition and construction
of the Facilities (as defined below) or any combination thereof through the formation of the
CFD, subject to the authorization of ~onds and the levy of a special tax to pay lease payments,
installment purchase payments or other payments, or principal and interest on bonds, being
" approved at an election to be held within the boundaries of each improvement area within the
CFD;
WHEREAS, pursuant to Section 53350 of the Act, the Council may designate a portion
or portions of the CFD as one or more improvement areas for purposes of financing of, or
contributing to the financing of, specified public facilities;
WHEREAS, the Council intends to provide for the annexation in the future of territory
(the "Future Annexation Area") to Improvement Area No.2 ofthe CFD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council hereby determines to institute proceedings for the formation
of a community facilities district under the terms of the Act. The exterior boundaries of the CFD
are hereby specified and described to be as shown on that certain map now on file in the office of
the Clerk entitled "Proposed Boundary of Community Facilities District No. 2004-3 of the City
of Lake Elsinore (Rosetta Canyon)," which map indicates by a boundary line the extent of the
territory included in the proposed community facilities district and shall govern for all details as
to the extent of the CFD. On the original and one copy of the map of such CFD on file in the
City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption
of this resolution. The City Clerk shall file the original of such map in her office and, within
fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such
map so endorsed in the records of the County Recorder, County of Riverside, State of California.
~
45445788.4
AGENDA nEU NO. ~
fAOE" Of '3'Q
Section 2. The Future Annexation Area may be annexed in the future only with the
unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or ""
those parcels are annexed.
Section 3. The name of the proposed CFD shall be "City of Lake Elsinore
Community Facilities District No. 2004-3 (Rosetta Canyon)."
Section 4. The Council hereby designates the portions of the CFD as described in
Exhibit A attached hereto, as Improvement Area No.1 and Improvement Area No.2 of the CFD.
Section 5. The facilities proposed to be financed by each improvement area of 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, fire station, fire equipment, City fees 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 6. Except where funds are otherwise available, it is the intention of the
Council to levy annually in accordance with procedures contained in the Act a special tax (the
"Special Tax") sufficient to pay for the costs of financing the acquisition and/or construction of
the Facilities, including the principal of and interest on the bonds proposed to be issued to
finance the Facilities and other periodic costs, the establishment and replenishment of reserve
funds, the remarketing, credit enhancement and liquidity fees, the costs of administering the levy
and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance
of the bonds, including any foreclosure proceedings, architectural, engineering, inspection, legal,
fiscal, and financial consultant fees, discount fees, interest on bonds due and payable prior to the
expiration of one year from the date of completion of facilities (but not to exceed two years),
election costs and all costs of issuance of the bonds, including, but not limited to, fees for bond
counsel, disclosure counsel, financing consultants and printing costs, and all other administrative
costs of the tax levy and bond issue. The Special Tax will be secured by recordation of a
continuing lien against all 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 B 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
45445788.4
2
AC~OA ~TEM NO.
PAOE '0
""
.....,
~
OF '3'<1
,-... maximum tax. Under no circumstances, however, shall the Special Tax levied against any parcel
used for private residential purposes be increased as a consequence of delinquency or default by
the owner of any other parcel or parcels within the CFD by more than 10 percent. Furthermore,
the maximum special tax authorized to be levied against any parcel used for private residential
purposes shall not be increased over time in excess of 2 percent per year.
Section 7. The Council hereby finds that the proposed Facilities are necessary to
meet increased demands put upon the City as a result of the new development or rehabilitation
within the proposed CFD.
Section 8. A public hearing (the "Hearing") on the establishment of the CFD and the
proposed rate and method of apportionment of the Special Tax shall be held on February 8, 2005,
at 7:00 p.m., or as soon thereafter as practicable, at the chambers of the Council, 183 North Main
Street, Lake Elsinore, California 92530.
Section 9. At the time and place set forth above for the hearing, any interested
person, including all persons owning lands or registered to vote within the proposed CFD, may
appear and be heard.
/""
Section 1 O. Each City officer who is or will be responsible for the Facilities to be
financed by the CFD, if it is established, is hereby directed to study the proposed CFD and, at or
before the time of the above-mentioned Hearing, file a report \yith the Council, and which is to
be made a part of the record of the Hearing, containing a brief description of the Facilities by
type which will in his or her opinion be required to adequately meet the needs of the CFD and
his or her estimate of the cost of providing the Facilities. The City Manager is directed to
estimate the fair and reasonable cost of all incidental expenses, including the cost of planning
and designing the Facilities to be financed pursuant to the Act, including the cost of
environmental evaluations of such facilities, all costs associated with the creation of the CFD,
issuance of bonds, determination of the amount of any special taxes, collection of any special
taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with
respect to the CFD, and any other expenses incidental to the construction, completion and
inspection of the authorized work to be paid through the proposed financing.
Section 11. The City may accept advances of funds from any sources, including
private persons or private entities, and is authorized and directed to use such funds for any
authorized purpose, including any cost incurred by the City in creating the CFD. The City may
enter into an agreement to repay all of such funds as are not expended or committed for any
authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to
levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax
shall be approved by the qualified electors ofthe CFD.
Section 12. The City Clerk is hereby directed to publish a notice ("Notice") of the
Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of the proposed CFD. Such Notice shall contain information set forth in
Section 53322 of the Act. Such publication shall be completed at least 7 days prior to the date of
,-... the Hearing.
45445788.4
3
AGENDA ITEM NO.
'AOi q
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OF "25'1
Section 13. The Clerk may send a copy of the Notice by first-class mail, postage
prepaid, to ea.ch registered voter and to each landowner within proposed CFD as shown on the
last equalized aSsessment roll. Said mailing shall be completed not less than fifteen (15) days
prior to the date of the Hearing.
,......,
Section 14. Pursuant to Section 53344.1 of the Act, the Council hereby reserves to
itself, in its sole discretion, the right and authority by subsequent resolution to allow any owner
of property within the CFD, subject to the provisions of Section 53344.1 of the Act and those
conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond
indenture or comparable instrument or document, to tender to the CFD treasurer in full payment
or part payment of any installment of the special taxes or the interest or penalties thereon which
may be due or delinquent, but for which a bill has been received, any bond or other obligation
secured thereby, the bond or other obligation to be taken at par and credit to be given for the
accrued interest shown thereby computed to the date of tender.
Section 15. The voting procedure with respect to the establishment of the CFD and the
imposition of the special tax shall be by hand delivered ballot election.
PASSED, APPROVED AND ADOPTED this
day of
, 2004.
CITY OF LAKE ELSINORE
By:
Title: Mayor
....."
ATTEST:
City Clerk of the City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
,......,
45445788.4
4
AGfKOA ~TEM NO. ~
eAOIC \D_Of eg'1
"......
.-....
"......
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF RNBRSIDE
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 Clerk of the City of Lake Elsinore
45445788.4
AGENDA ITEM NO.
PACE I \
~
OF oq
EXHIBIT A
IMPROVEMENT AREAS BOUNDARY MAP
45445788.4
......",
......",
......,
ACENDA '.TEM No. ~
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45445788.4
EXHIBIT B
"-'"
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
'-'
~
ACEf'iDA ITEM 00. 2
fACE-ti-OF 't q
FOURTH DRAFT
/"" RATE AND METHOD OF APPORTIONMENT FOR
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2004-3
IMPROVEMENT AREA No.1 (ROSETTA CANYON)
A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community
Facilities District No. 2004-3 (Improvement Area No.1) (Rosetta Canyon) ("CFD No. 2004-3 (IA
No. 1)") and collected each Fiscal Year commencing in Fiscal Year 2005-2006, in an amount
determined through the application ofthe Rate and Method of Apportionment as described below.
All of the real property in CFD No. 2004-3 (IANo. 1), unless exempted bylaw or by the provisions
hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan, or other recorded County
parcel map.
,r-
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5,
Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration ofCFD No. 2004-3 (IA No.1): the costs of computing
the Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs of collecting the Special Taxes (whether by the
City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the
Trustee (including its legal counsel) in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD No. 2004-3 (IA No.1) or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2004-3 (IA No.
1) or any designee thereof of complying with disclosure requirements of the City, CFD No.
2004-3 (IA No.1) or obligated persons associated with applicable federal and state securities
laws and the Act; the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No.
2004-3 (IA No.1) or any designee thereof related to an appeal ofthe Special Tax; the costs
associated with the release of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administrative Expenses shall also include
amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2004-3
(IA No.1) for any other administrative purposes ofCFD No. 2004-3 (IA No.1), including
attorney's fees and other costs related to commencing and pursuing to completion any
foreclosure of delinquent Special Taxes.
/""
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parc~ Mm~m> an
assigned Assessor's Parcel number. AGE D U r:::- .
PACiE L> OF
~
l>~
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
December 16, 2004
Page 1
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number. .....,
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property in each Zone, as determined in accordance with Section C.l.b. below.
"Authorized Facilities" means those authorized improvements, as listed on Exhibit "A" to
the Resolution of Formation.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property, as determined in accordance with Section C.l.d. below.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 2004-3" means City of Lake Elsinore Community Facilities District No. 2004-3
(Rosetta Canyon).
"CFD No. 2004-3 (IA No.1)" means Improvement Area No. 1 of CFD No. 2004-3, as
identified on the boundary map for CFD No. 2004-3.
"CFD No. 2004-3 (IA No.1) Bonds" means any bonds or other debt (as defined in Section
53317(d) of the Act), whether in one or more series, issued byCFD No. 2004-3 and secured
solely by Special Taxes levied on property within the boundaries ofCFD No. 2004-3 (IA No.
I) under the Act.
-....".,
"City" means the City of Lake Elsinore.
"City Council" means the City Council ofthe City of Lake Elsinore, acting as the legislative
body of CFD No. 2004-3 (IA No.1).
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Public Property and Taxable Property Owner Association Property, for which the
Final Subdivision was recorded on or before January I of the prior Fiscal Year and a building
permit for new construction was issued after January 1, 2004 and on or before May 1 of the
Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied.
"Final Subdivision" 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 /"'\
C~vil Code 1352 th~t .c~eates individual lots for which building ~ IVm i~. issued ~
WIthout further subdIVISIon. PAGE \ lo OF _ ~q
-
'-'
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
December 16, 2004
Page 2
~
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2004-3 (IA No.1) Bonds are issued, as modified, amended
and/or supplemented from time to time, and any instrument replacing or supplementing the
same.
"Land Use Class" means any of the classes listed in Table 1.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with
Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel.
"N on-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit penn.itting the construction of one or more non-residential units or facilities
has been issued by the City.
"Outstanding BOllds" means all CFD No. 2004-3 (IANo. 1) Bonds which are deemed to be
outstanding under the Indenture.
,-.....
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 2004-3 (IA No.1) that was owned by a property owner
association, including any master or sub-association, as ofJanuary 1 of the prior Fiscal Year.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property,
or where the Backup Special Tax is being levied, that the ratio ofthe actual Special Tax levy
to the Maximum Special Tax is equal for all Assessor's Parcels upon which a Backup
Special Tax is being levied. For Undeveloped Property, "Proportionately" means that the
ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal
for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" may
similarly be applied to other categories of Taxable Property as listed in Section D below.
"Public Property" means property within the boundaries of CFD No. 2004-3 (IA No.1)
owned by, irrevocably offered or dedicated to, or over, through or under which an easement
for purposes of public right-of-way has been granted, to the federal government, the State,
the County, the City, or any local government or other public agency, provided that any
property leased by a public agency to a private entity and subject to taxation under Section
53340.1 ofthe Act shall be taxed and classified according to its use.
",........
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area for an
Assessor's Parcel shall be made by reference to the building permit(s) issued for such
Assessor's Parcel.
AGENDA ITEM NO.
PAGE \ 1
A
OF '8' q
City of Lake Elsinore
CFD No. 1004-3 (IA No.1)
December 16, 1004
Page 3
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units ....."
has been issued by the City.
"Resolution of Formation" means the Resolution of Formation for CFD No. 2004-3 (IA
No.1).
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Developed Property, Taxable Property Owner Association Property, Taxable Public
Property, and Undeveloped Property to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
2004-3 (IA No.1) to: (i) pay debt service on all Outstanding Bonds due in the calendar year
commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2004-3 (IA No.1)
Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No.
2004-3 (IA No.1) Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay
Administrative Expenses; (iv) pay any amounts required to establish orreplenish any reserve
funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax
delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal
Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent
that the inclusion of such amount does not increase the Special Tax levy on Undeveloped
Property; less (vii) a credit for funds available to reduce the annual Special Tax levy, as
determined by the CFD Administrator pursuant to the fudenture.
....."
"State" means the State of California.
"Taxable Property" means all ofthe Assessor's Parcels within the boundaries of CFD No.
2004-3 (IA No.1) which are not exempt from the Special Tax pursuant to law or Section E
below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of
Property Owner Association Property that are not exempt pursuant to Section E below.
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt pursuant to Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent under the fudenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Taxable Property Owner Association Property, or Taxable Public
Property.
"Zone" means Zone 1 or Zone 2, as applicable.
"Zone 1" means the land geographically identified within the boundaries of zone I as
delineated in Exhibit A to this Rate and Method of Apportionment.
....."
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
AOENDA ITEM NO.
PAOE \ g
:A
OF ~ c;
December 16, 2004
Page 4
~
"Zone 2" means the land geographically identified within the boundaries of zone 2 as
delineated in Exhibit A to this Rate and Method of Apportionment.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year. all Taxable Property within CFD No. 2004-3 (IA No.1) shall be assigned
to a Zone and further classified as Developed Property. Taxable Public Property. Taxable
Property Owner Association Property. or Undeveloped Property. and shall be subject to
Special Taxes in accordance with this Rate and Method of Apportionment determined
pursuant to Sections C and D below. Residential Property shall be assigned to Land Use
Classes 1 through 11 as listed in Table 1 below based on the Residential Floor Area for each
unit. Non-Residential Property shall be assigned to Land Use Class 12.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
a.
Maximum Special Tax
~
The Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by
application of the Assigned Special Tax or (ii) the amount derived by
application of the Backup Special Tax.
b.
Assigned Special Tax
The Assigned Special Tax for each Land Use Class is shown below in Table
1.
~
ACENDA ITEM NO.
PACE~OF
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
December 16, 2004
Page 5
~
'b<=1
TABLEl
Assigned Special Taxes for Developed Property
Community Facilities District No. 2004-3
Improvement Area No. 1
Fiscal Year 2005-2006
-....",
1 Residential Property > 3,950 s.f. $2,963.82 per unit $3,247.22 per unit
2 Residential Property 3,701 - 3,950 s.f. $2,874.12 per unit $3,191.43 per unit
3 Residential Property 3,451 - 3,700 s.f. $2,784.41 per unit $3,135.65 per unit
4 Residential Property 3,201 - 3,450 s.f. $2,694.71 per unit $2,995.56 per unit
5 Residential Property 2,951 - 3,200 s.f. $2,605.01 per unit $2,879.24 per unit
6 Residential Property 2,701 - 2,950 s.f. $2,464.59 per unit $2,762.93 per unit
7 Residential Property 2,451 - 2,700 s.f. $2,401.75 per unit $2,690.90 per unit
8 Residential Property 2,201 - 2,450 s.f. $2,338.42 per unit $2,569.83 per unit
9 Residential Property 1,951 - 2,200 s.f. $2,174:55 per unit $2,502.06 per unit ,...,
10 Residential Property 1,700 - 1,950 s.f. $2,120.92 per unit $2,420.82 per unit
11 Residential Property < 1,700 s.f. $2,066.79 per unit $2,329.00 per unit
12 Non-Residential Property NA $14,337 per Acre $14,043 per Acre
c. Increase in the Assigned Special Tax
The Assigned Special Taxes identified in Table 1 above shall be applicable
for Fiscal Year 2005-2006, and shall increase thereafter, commencing on July
1, 2006 and on July 1 of each Fiscal Year thereafter, by an amount equal to
two percent (2%) of the Assigned Special Tax for the previous Fiscal Year.
d. Backup Special Tax
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
The Fiscal Year 2005-2006 Backup Special Tax attributable to a Final
Subdivision in Zone 1 or Zone 2 will equal $16,285 multiplied by the
Acreage of all Taxable Property, exclusive of any Taxable Property Owner
Association Property and Taxable Public Property, therein. The Backup
Special Tax for each Assessor's Parcel of Residential Property shall be
computed by dividing the Backup Special Tax attributable to the applicable
Final Subdivision by the number of Assessor's Parcels for which building
. permits for residential construction have or may be issued (i.e., the number or
December 16, 2004
Page 6
.......,
AGENDA ITEM NO.
PACE 0..0
~
OF ~'1
"..-
residential lots ). The Backup Special Tax for each Assessor's Parcel of Non-
Residential Property therein shall equal $16,285 multiplied by the Acreage of
such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Taxable Property for
which building permits for both residential and non-residential construction
may be issued, exclusive of Taxable Property Owner Association Property
and Taxable Public Property, then the Backup Special Tax for each
Assessor's Parcel of Residential Property shall be computed exclusive of the
Acreage and Assessor's Parcels of property for which building permits for
non-residential construction may be issued.
Notwithstanding the foregoing, if all or any portion of the Final
Subdivision( s) described in the preceding paragraphs is subsequently changed
or modified, then the Backup Special Tax for each Assessor's Parcel of
Developed Property in such Final Subdivision area that is changed or
modified shall be a rate per square foot of Acreage calculated as follows:
,.--..
1. Determine the total Backup Special Taxes anticipated to apply to the
changed .or modified Final Subdivision area prior to the change or
modification.
2. The result of paragraph 1 above shall be divided by the Acreage of
Taxable Property which is ultimately expected to exist in such changed or
modified Final Subdivision area, as reasonably determined by the CFD
Administrator.
3. The result of paragraph 2 above shall be divided by 43,560. The result is
the Backup Special Tax per square foot of Acreage which shall be
applicable to Assessor's Parcels of Developed Property in such changed
or modified Final Subdivision area for all remaining Fiscal Years in
which the Special Tax may be levied.
1. Release of Obligation to Pay and Disclose Backup Special Tax
".....
All Assessors' Parcels within CFD No. 2004-3 (IA No.1) will be
relieved simultaneously and permanently from the obligation to pay
and disclose the Backup Special Tax if the CFD Administrator
determines that the annual debt service required for the Outstanding
Bonds, when compared to the Assigned Special Taxes that may be
levied against all Assessors' Parcels of Developed Property result in
110% debt service coverage (i.e., the Assigned Special Taxes that
may be levied against all Developed Property in each remaining
Fiscal Year based on then existing development in CFD No. 2004-3
(IA No.1) is at least equal to the sum of (i) the Administrative
City of Lake Elsinore
CFD No. 1004-3 (IA No.1)
AGENDA ITEM NO.
PACE d.\
~.
OF '8' q
December 16, 1004
Page 7
Expenses and (ii) 1.10 times maximum annual debt service, in each
remaining Fiscal Year on the Outstanding Bonds).
"'wIll'
e. Increase in the Ba.ckup Special Tax
On each July 1, commencing on July 1, 2006, the Backup Special Tax shall
be increased by an amount equal to two percent (2%) of the Backup Special
Tax for the previous Fiscal Year.
f. Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain
more than one Land Use Class. The Maximum Special Tax levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax for all Land
Use Classes located on that Assessor's Parcel. The CFD Administrator's
allocation to each type of property shall be final.
2. Taxable Property Owner Association Property, Taxable Public Property, and
Undeveloped Property
The Fiscal Year 2005-2006 Maximum Special Tax for Taxable Property Owner
Association Property, Taxable Public Property, and Undeveloped Property in Zone 1 ....",
or Zone 2 shall be $16,285 per Acre, and shall increase thereafter, commencing on
July 1, 2006 and on July 1 of each Fiscal Year thereafter, by an amount equal to two
percent (2%) of the Maximum Special Tax for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the City
Council shall levy the Special Tax until the amount of Special Taxes levied equals the
Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in
Zone 1 and Zone 2 in an amount equal to 100% of the applicable Assigned Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property in Zone 1 and Zone 2 at up to 100% of the
applicable Maximum Special Tax for Undeveloped Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, then the levy ofthe Special Tax on each Assessor's Parcel of
Developed Property in Zone 1 and Zone 2 whose Maximum Special Tax is determined
through the application of the Backup Special Tax shall be increased Proportionately from
the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel;
......,
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
""'\ December 16, 2004
AGENDA ITEM NO. (/"'0... Page 8
PACE~ OF <:1 q
~
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, then the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Taxable Property Owner Association Property and Taxable Public
Property in Zone 1 and Zone 2 at up to the applicable Maximum Special Tax for Taxable
Property Owner Association Property or Taxable Public Property.
Notwithstanding the above the City Council may, in any Fiscal Year, levy Proportionately
less than 100% of the Assigned Special Tax in step one ( above), when (i) the City Council is
no longer required to levy the Special Tax pursuant to steps two through four above in order
to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2004-3 (IA No.1)
Bonds have already been issued or the City Council has covenanted that it will not issue any
additional CFD No. 2004-3 (IA No.1) Bonds (except refunding bonds) to be supported by
the Special Tax.
Further notwithstanding the above, under no circumstances will the Special Tax levied
against any Assessor's Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor's Parcel within
CFD No. 2004-3 (IA No.1).
~
E. EXEMPTIONS
No Special Tax shall be levied on up to 127.43 Acres of Property Owner Association
Property and/or Public Property in CFD No. 2004-3 (IA No.1). Tax-exempt status will be
assigned by the CFD Administrator in the chronological order in which property becomes
Property Owner Association Property or Public Property. However, should an Assessor's
Parcel no longer be classified as Property Owner Association Property or Public Property, its
tax-exempt status will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special
Taxes under this section shall be subject to the levy of the Special Tax and shall be taxed
Proportionately as part ofthe fourth step in Section D above, at up to 100% ofthe applicable
Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public
Property.
F.
MANNER OF COLLECTION
~
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that CFD No. 2004-3 (IA No.1) may directly bill
the Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet its financial obligations, and may covenant to foreclose and may actually
foreclose on delinquent Assessor's Parcels as permitted by the Act.
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
AGENDA ITEM NO. ~
PACE ~.3 Of <{'C1
J)ecember 16, 2004
Page 9
G.
APPEALS
......,
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may submit a written appeal to CFD No. 2004-3 (IA No.1).
The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the
amount of the Special Tax levied shall be appropriately modified.
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals. Any decision of the City Council shall
be final and binding as to all persons.
H. PREPAYMENTOFSPECIALTAX
The following definitions apply to this Section H:
"Duildout" means, for CFD No. 2004-3 (IA No.1), that all expected building permits have
been issued.
"CFD Public Facilities" means either $16,190,781 in 2004 dollars, which shall increase by
the Construction Inflation Index on July 1,2005, and on each July 1 thereafter, or such lower
number as (i) shall be determined by the CFD Administrator as sufficient to provide the
public facilities to be provided by CFD No. 2004-3 (IA No.1) under the authorized bonding
program for CFD No. 2004-3 (IA No.1), or (ii) shall be determined by the City Council
concurrently with a covenant that it will not issue any more CFD No. 2004-3 (IA No.1)
Bonds (except refunding bonds) to be supported by the Special Taxes levied under this Rate
and Method of Apportionment as described in Section D.
......,
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as ofthe calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs
previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected
to be available to finance the cost of CFD Public Facilities.
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct CFD Public
Facilities eligible under the Act.
......,
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
AGENDA ITEM NO. '1.. December 16,2004
~^QE~ Page 10
eo Of ~9-
,....
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
1. Prepayment in Full
Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which
a building permit has been issued, may be prepaid. The obligation of the Assessor's
Parcel to pay any Special Tax may be permanently satisfied as described herein,
provided that a prepayment may be made with respect to a particular Assessor's
Parcel only ifthere are no delinquent Special Taxes with respect to such Assessor's
Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to
prepay the Special Tax obligation shall provide the CFD Administrator with written
notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD
Administrator shall n.otify such owner ofthe prepayment amount for such Assessor's
Parcel. The CFD Administrator may charge a reasonable fee for providing this
service. Prepayment must be made not less than 45 days prior to the next occurring
date that notice of redemption of CFD No. 2004-3 (IA No.1) Bonds from the
proceeds of such prepayment may be given by the Trustee pursuant to the Indenture.
~
The Special Tax Prepayment Amount (defined below) shall be calculated as
summarized below (capitalized terms as defined below):
Bond Redemption Amount
plus
plus
plus
plus
less
less
Total: equals
Redemption Premium
Future Facilities Amount
Defeasance Amount
Administrative Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
Prepayment Amount
As ofthe proposed date of prepayment, the Special Tax Prepayment Amount shall be
calculated as follows:
Paraeraoh No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2.
For Assessor's Parcels of Developed Property, compute the Assigned Special Tax
and Backup Special Tax. For Assessor's Parcels of Undeveloped Property for which
a building permit has been issued, compute the Assigned Special Tax and Backup
Special Tax for that Assessor's Parcel as though it was already designated as
Developed Property, based upon the building permit which has already been issued
for that Assessor's Parcel.
",........
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
AGENDA ITEM NO. 0-
PACE ~~ OF ~
December 16, 2004
Page 11
-'
3. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the total
estimated Assigned Special Taxes for the entire CFD No. 2004-3 (IA No.1) based on
the Developed Property Special Taxes which could be levied in the current Fiscal
Year on all expected development through Buildout of CFD No. 2004-3 (IA No.1),
excluding any Assessor's Parcels which have been prepaid, and
(b) Divide the Backup Special Tax computed pursuant to paragraph 2 by the total
estimated Backup Special Taxes at Buildout for the entire CFD No. 2004-3 (IA No.
1), excluding any Assessor's Parcels which have been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Previously Issued Bonds to compute the amount of Previously Issued Bonds to be
retired and prepaid (the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-l00%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7.
Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Amount").
......"
8. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and! or principal payment date following the current Fiscal Year
until the earliest redemption date for the Previously Issued Bonds.
9. Determine the Special Tax levied on the Assessor's Parcel in the current Fiscal Year
which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax Prepayment Amount less the Future
Facilities Amount and the Administrative Fees and Expenses (defined below) from
the date of prepayment until the redemption date for the Previously Issued Bonds to
be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
12.
The administrative fees and expenses ofCFD No. 2004-3 (IA No.1) are as calculated
by the CFD Administrator and include the costs of computation of the prepayment,
the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2004-3
.....,
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
AO!NOA ITEM NO.
PACE, ~.\.p OF
j,
'7)0\
December 16, 2004
Page 12
r"
(IA No.1) Bonds, and the costs of recording any notices to evidence the prepayment
and the redemption (the "Administrative Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Previously Issued Bonds as a result of the
prepayment, or (b) the amount derived by subtracting the new reserve requirement (as
defined in the Indenture) in effect after the redemption of Previously Issued Bonds as
a result of the prepayment from the balance in the reserve fund on the prepayment
date, but in no event shall such amount be less than zero. No Reserve Fund Credit
shall be granted if the amount then on deposit in the reserve fund for the Previously
Issued Bonds is below 100% of the reserve requirement (as defined in the fudenture).
14. If any capitalized interest for the Previously Issued Bonds will not have been
expended as of the date immediately following the first interest and/or principal
payment following the current Fiscal Year, a capitalized interest credit shall be
calculated by multiplying the larger quotient computed pursuant to paragraph 3( a) or
3(b) by the expected balance in the capitalized interest fund or account under the
Indenture after such first interest and/or principal payment (the" Capitalized Interest
Credit").
",-.....
15.
The Special Tax prepayment is equal to the sum ofthe amounts computed pursuant
to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Prepayment Amount").
From the Prepayment Amount, the amounts computed pursuant to paragraphs 4,5, 11, 13
and 14 shall be deposited into the appropriate fund as established under the Indenture and be
used to retire CFD No. 2004-3 (IA No.1) Bonds or make debt service payments. The
amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund.
The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2004-3 (IA
No.1).
The Special Tax Prepayment Amount may be insufficient to redeem a full $5,000 increment
of CFD No. 2004-3 (IA No.1) Bonds. In such cases, the increment above $5,000 or integral
multiple thereof will be retained in the appropriate fund established under the Indenture to be
used with the next prepayment of CFD No. 2004-3 (IA No.1) Bonds or to make debt service
payments.
'""
As a result of the payment ofthe current Fiscal Year's Special Tax levy as determined under
paragraph 9 ( above), the CFD Administrator shall remove the current Fiscal Year's Special
Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the City Council shall cause a suitable notice to be recorded
in compliance with the Act, to indicate the prepayment ofthe Special Tax and the release of
the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel
to pay the Special Tax shall cease.
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
ACENDA ITEM NO.
PAGC ~ 1
?-
OF ~q
December 16, 2004
Page 13
.~
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the
time of such proposed prepayment, the amount of Maximum Special Taxes that may be
levied on Taxable Property within CFDNo. 2004-3 (IANo. l)(afterexc1uding 127.43 Acres
of Property Owner Association Property and/or Public Property in CFD No. 2004-3 (IA No.
1) as set forth in Section E) both prior to and after the proposed prepayment is at least equal
to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual debt
service, in each remaining Fiscal Year on the Outstanding Bonds.
2. Prepayment in Part
The Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of
Undeveloped Property for which a building permit has been issued may be partially prepaid.
The amount of the prepayment shall be calculated as in Section H.l; except that a partial
prepayfuent shall be calculated according to the following formula:
PP = [(PE ~ A) x F] + A
These tenns have the following meaning:
PP=
PE=
F=
the partial prepayment.
the Special Tax Prepayment Amount calculated according to Section H.l.
the percentage, expressed as a decimal, by which the owner ofthe Assessor's Parcel
is partially prepaying the Special Tax.
the Administrative Fees and Expenses calculated according to Section H.l.
'-'
A=
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax and the percentage
by which the Special Tax shall be prepaid. The CFD Administrator shall provide the owner
with a statement ofthe amount required for the partial prepayment of the Special Tax for an
Assessor's Parcel within 30 days of the request and may charge a reasonable fee for
providing this service. With respect to any Assessor's Parcel that is partially prepaid, the
City Council shall (i) distribute the funds remitted to it according to Section H.l, and (ii)
indicate in the records of CFD No. 2004-3 (IA No.1) that there has been a partial
prepayment of the Special Tax and that a portion of the Special Tax with respect to such
Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum
Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to Section D.
AGENDA ITEM NO.
PAGE a'K
2
OF ~q
'-'"
City of Lake Elsinore
CFD No. 2004-3 (IA No.1)
December 16, 2004
Page 14
".......
/'""'
".......
I. TERM OF SPECIAL TAX
The Special Tax shall be levied for a period not to exceed forty years commencing with
Fiscal Year 2005-2006, provided however that Special Taxes will cease to be levied in an
earlier Fiscal Year ifthe CFD Administrator has determined (i) that all required interest and
principal payments on the CFD No. 2004-3 (IA No.1) Bonds have been paid; and (ii) all
Authorized Facilities have been constructed.
K:\Clients2\Centex\Rosetta Canyon\MelIo\RMA \IA 1 DraftRMA _ 4.doc
Revised: 12/20/04
AGENDA 'TEM NO. :J...
PACE aC) =OF ~9
City of Lake Elsinore
CFD No. 1004-3 (IA No.1)
December 16, 1004
Page 15
EXHIBIT A
MAP OF ZONE 1 AND ZONE 2
AGENDA ITEM NO.
PAGE , 2,0
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AGENDA ITEM NO. 1.
PAGE 2> \ OF <i> C\
THIRD DRAFT
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2004-3
IMPROVEMENT AREA No.2 (ROSETTA CANYON)
......"
A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community
Facilities District No. 2004-3 (Improvement Area No.2) (Rosetta Canyon) ("CFD No. 2004-3 (IA
No.2)") and collected each Fiscal Year commencing in Fiscal Year 2005-2006, in an amount
determined through the application ofthe Rate and Method of Apportionment as described below.
All of the real property in CFD No. 2004-3 (IA No.2), unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
" Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan, or other recorded County
parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5,
Division 2 of Title 5 of the California Government Code.
......"
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration ofCFD No. 2004-3 (IA No.2): the costs of computing
the Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs of collecting the Special Taxes (whether by the
City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the
Trustee (including its legal counsel) in the discharge of the duties required of it under the
Indenture; the costs to the City, CFD No. 2004-3 (IA No.2) or any designee thereof of
complying with arbitrage rebate requirements; the costs to the City, CFD No. 2004-3 (IA No.
2) or any designee thereof of complying with disclosure requirements ofthe City, CFD No.
2004-3 (IA No.2) or obligated persons associated with applicable federal and state securities
laws and the Act; the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No.
2004-3 (IA No.2) or any designee thereof related to an appeal of the Special Tax; the costs
associated with the release of funds from an escrow account; and the City's annual
administration fees and third party expenses. Administrative Expenses shall also include
amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2004-3
(IA No.2) for any other administrative purposes of CFD No. 2004-3 (IA No.2), including
attorney's fees and other costs related to commencing and pursuing to completion any
foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number. AGENDA ITEM NO.
PAGE 3~ OF
A'-'
<6C1
City of Lake Elsinore
CFD No. 1004-3 (IA No.1)
December 16, 1004
Page 1
~
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property in each Zone, as determined in accordance with Section C.1.b. below.
"Authorized Facilities" means those authorized improvements, as listed on Exhibit "A" to
the Resolution of Formation.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property, as detennined in accordance with Section C.1.d. below.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 2004-3" means City of Lake Elsinore Community Facilities District No. 2004-3
(Rosetta Canyon).
"CFD No. 2004-3 (IA No.2)" means Improvement Area No.2 of CFD No. 2004-3, as
identified on the boundary map for CFD No. 2004-3.
/"'
"CFD No. 2004-3 (IA No.2) Bonds" means any bonds or other debt (as defined in Section
53317( d) ofthe Act), whether in one or more series, issued by CFD No. 2004-3 and secured
solely by Special Taxes levied on property within the boundaries ofCFD No. 2004-3 (IA No.
2) under the Act.
"City" means the City of Lake Elsinore.
"City Council" means the City Council ofthe City of Lake Elsinore, acting as the legislative
body of CFD No. 2004-3 (IA No.2).
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Public Property and Taxable Property Owner Association Property, for which the
Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building
permit for new construction was issued after January 1, 2004 and on or before May 1 of the
Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied.
,.....
"Final Subdivision" 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. AGENDA ITEM NO. ?-
PAGE ~?, OF <{q
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
December 16, 2004
Page 2
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
..,
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2004-3 (IA No.2) Bonds are issued, as modified, amended
and/or supplemented from time to time, and any instrument replacing or supplementing the
same.
"Land Use Class" means any of the classes listed in Table 1.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with
Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the construction of one or more non-residential units or facilities
has been issued by the City.
"Outstanding Bonds" means all CFD No. 2004-3 (IA No.2) Bonds which are deemed to be
outstanding under the Indenture.
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 2004-3 (IA No.2) that was owned by a property owner
association, including any master or sub-association, as of January 1 of the prior Fiscal Year.
..."
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property,
or where the Backup Special Tax is being levied, that the ratio ofthe actual Special Tax levy
to the Maximum Special Tax is equal for all Assessor's Parcels upon which a Backup
Special Tax is being levied. For Undeveloped Property, "Proportionately'. means that the
ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal
for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" may
similarly be applied to other categories of Taxable Property as listed in Section D below.
"Public Property" means property within the boundaries of CFD No. 2004-3 (IA No.2)
owned by, irrevocably offered or dedicated to, or over, through or under which an easement
for purposes of public right-of-way has been granted, to the federal government, the State,
the County, the City, or any local government or other public agency, provided that any
property leased by a public agency to a private entity and subject to taxation under Section
53340.1 ofthe Act shall be taxed and classified according to its use.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area for an
Assessor's Parcel shall be made by reference to the building permit(s) issued for such
Assessor's Parcel.
ACENDA ITEM NO. 1.
PACE~OF ~q-
December 16, 2004
Page 3
,...,.
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
~
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential dwelling units
has been issued by the City.
"Resolution of Formation" means the Resolution ofFonllation for CFD No. 2004-3 (IA
No.2).
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Developed Property, Taxable Property Owner Association Property, Taxable Public
Property, and Undeveloped Property to fund the Special Tax Requirement.
,.......
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
2004-3 (IA No.2) to: (i) pay debt service on all Outstanding Bonds due in the calendar year
connnencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2004-3 (IA No.2)
Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No.
2004-3 (IA No.2) Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay
Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve
funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax
delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal
Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent
that the inclusion of such amount does not increase the Special Tax levy on Undeveloped
Property; less (vii) a credit for funds available to reduce the annual Special Tax levy, as
detennined by the CFD Administrator pursuant to the Indenture.
"State" means the State of California.
"Taxable Property" means all ofthe Assessor's Parcels within the boundaries ofCFD No.
2004-3 (IA No.2) which are not exempt from the Special Tax pursuant to law or Section E
below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of
Property Owner Association Property that are not exempt pursuant to Section E below.
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt pursuant to Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent under the fudenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Taxable Property Owner Association Property, or Taxable Public
Property.
"Zone" means Zone I or Zone 2, as applicable.
ACiENDA 'TEM NO. 1.
PAOE 35 OF ~~
-
,,-....
"Zone 1" means the land geographically identified within the boundaries of zone I as
delineated in Exhibit A to this Rate and Method of Apportionment.
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
December 16, 2004
Page 4
"Zone 2" means the land geographically identified within the boundaries of zone 2 as ""-"
delineated in Exhibit A to this Rate and Method of Apportionment.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2004-3 (IA No.2) shall be assigned
to a Zone and further classified as Developed Property, Taxable Public Property, Taxable
Property Owner Association Property, or Undeveloped Property, and shall be subject to
Special Taxes in accordance with this Rate and Method of Apportionment determined
pursuant to Sections C and D below. Residential Property shall be assigned to Land Use
Classes 1 through 11 as listed in Table 1 below based on the Residential Floor Area for each
unit. Non-Residential Property shall be assigned to Land Use Class 12.
C. MAXIMUM SPECIAL TAX RATE
1. Developed Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by
application of the Assigned Special Tax or (ii) the amount derived by
application of the Backup Special Tax.
""-"
b. Assigned Special Tax
The Assigned Special Tax for each Land Use Class is shown below in Table
1.
City of Lake Elsinore
CFD No. 1004-3 (IA No.1)
AGENDA ITEM NO,___ l ""-"
~. PACE_3(p ~~
December 16, 1004
Page 5
""
TABLEt
Assigned Special Taxes for Developed Property
Community Facilities District No. 2004-3
Improvement Area No.2
Fiscal Year 2005-2006
1 Residential Property > 3,950 s.f. $3,271.79 per unit $3,565.47 per unit
2 Residential Property 3,701 - 3,950 s.f. $3,174.02 per unit $3,504.87 per unit
3 Residential Property 3,451 - 3,700 s.[ $3,076.25 per unit $3,443.77 per unit
4 Residential Property 3,201 - 3,450 s.f. $2,978.48 per unit $3,290.64 per unit
5 Residential Property 2,951 - 3,200 S.L $2,880.71 per unit $3,172.60 per unit
6 Residential Property 2,701 - 2,950 s.[ $2,727.85 per unit $3,055.06 per unit
7 Residential Property 2,451 - 2,700 s.f. $2,659.26 per unit $2,975.78 per unit
8 Residential Property 2,201 - 2,450 s.f. $2,590.67 per unit $2,844.10 per unit
"...-..
9 Residential Property 1 ,951 - 2,200 s.f. $2,411.94 per unit $2,770.55 per unit
10 Residential Property 1,700 - 1,950 s.f. $2,353.03 per unit $2,688.11 per unit
11 Residential Property < 1,700 s.f. $2,294.11 per unit $2,590.62 per unit
12 Non-Residential Property NA $17,817 per Acre $16,754 per Acre
c. Increase in the Assigned Special Tax
The Assigned Special Taxes identified in Table 1 above shall be applicable
for Fiscal Year 2005-2006, and shall increase thereafter, commencing on July
1, 2006 and on July 1 of each Fiscal Year thereafter, by an amount equal to
two percent (2%) ofthe Assigned Special Tax for the previous Fiscal Year.
d. Backup Special Tax
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
The Fiscal Year 2005-2006 Backup Special Tax attributable to a Final
Subdivision in Zone 1 or Zone 2 will equal $19,868 multiplied by the
Acreage of all Taxable Property, exclusive of any Taxable Property Owner
Association Property and Taxable Public Property, therein. The Backup
Special Tax for each Assessor's Parcel of Residential Property shall be
computed by dividing the Backup Special Tax attributable to the applicable
Final Subdivision by the number of Assessor's Parcels for which building
permits for residential construction have or may be issued (i.e., the number or
December 16, 2004
Page 6
AOENDA ITEM NO.
PACE 6;7 OF
~
~'1
"""
residential lots). The Backup Special Tax for each Assessor's Parcel of Non-
Residential Property therein shall equal $19,868 multiplied by the Acreage of
such Assessor's Parcel.
~
If a Final Subdivision includes Assessor's Parcels of Taxable Property for
which building permits for both residential and non-residential construction
may be issued, exclusive of Taxable Property Owner Association Property
and Taxable Public Property, then the Backup Special Tax for each
Assessor's Parcel of Residential Property shall be computed exclusive ofthe
Acreage and Assessor's Parcels of property for which building permits for
non-residential construction may be issued.
Notwithstanding the foregoing, if all or any portion of the Final
Subdivision( s) described in the preceding paragraphs is subsequently changed
.Or modified, then the Backup Special Tax for each Assessor's Parcel of
Developed Property in such Final Subdivision area that is changed or
modified shall be a rate per square foot of Acreage calculated as follows:
1. Determine the total Backup Special Taxes anticipated to apply to the
changed or modified Final Subdivision area prior to the change or
modification.
~
2. The result of paragraph 1 above shall be divided by the Acreage of
Taxable Property which is ultimately expected to exist in such changed or
modified Final Subdivision area, as reasonably determined by the CFD
Administrator.
3. The result of paragraph 2 above shall be divided by43,560. The result is
the Backup Special Tax per square foot of Acreage which shall be
applicable to Assessor's Parcels of Developed Property in such changed
or modified Final Subdivision area for all remaining Fiscal Years in
which the Special Tax may be levied.
1. Release of Obligation to Pay and Disclose Backup Special Tax
All Assessors' Parcels within CFD No. 2004-3 (IA No.2) will be
relieved simultaneously and permanently from the obligation to pay
and disclose the Backup Special Tax if the CFD Administrator
determines that the annual debt service required for the Outstanding
Bonds, when compared to the Assigned Special Taxes that may be
levied against all Assessors' Parcels of Developed Property result in
110% debt service coverage (i.e., the Assigned Special Taxes that
may be levied against all Developed Property in each remaining
Fiscal Year based on then existing development in CFD No. 2004-3 ~
(IA No.2) is at least equal to the sum of (i) the Administrative
City of Lake Elsinore
CFD No. 1004-3 (IA No.1)
AGENDA ITEM NO.
PACE 3 ~
f) December 16, 1004
.I..... Page 7
OF 8"'\
~
Expenses and (ii) 1.10 times maximum annual debt service, in each
remaining Fiscal Year on the Outstanding Bonds).
e. Increase in the Backup Special Tax
On each July 1, commencing on July 1, 2006, the Backup Special Tax shall
be increased by an amount equal to two percent (2%) of the Backup Special
Tax for the previous Fiscal Year.
f. Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain
more than one Land Use Class. The Maximum Special Tax levied on an
Assessor's Parcel shall be the sum ofthe Maximum Special Tax for all Land
Use Classes located on that Assessor's Parcel. The CFD Administrator's
allocation to each type of property shall be final.
2.
Taxable Property Owner Associatiol1 Property, Taxable Public Property, and
Undeveloped Property
,-...
The Fiscal Year 2005-2006 Maximum Special Tax for Taxable Property Owner
Association Property, Taxable Public Property, and Undeveloped Property in Zone 1
or Zone 2 shall be $19,868 per Acre, and shall increase thereafter, commencing on
July 1, 2006 and on July 1 of each Fiscal Year thereafter, by an amount equal to two
percent (2%) of the Maximum Special Tax for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the City
Council shall levy the Special Tax until the amount of Special Taxes levied equals the
Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in
Zone 1 and Zone 2 in an amount equal to 100% of the applicable Assigned Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property in Zone 1 and Zone 2 at up to 100% of the
applicable Maximum Special Tax for Undeveloped Property;
~
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, thfm the levy of the Special Tax on each Assessor's Parcel of
Developed Property in Zone 1 and Zone 2 whose Maximum Special Tax is determined
through the application ofthe Backup Special Tax shall be increased Proportionately from
the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel;
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
AGENDA ITEM NO. ?- December 16,2004
Page 8
'AC!~vt"~
~
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, then the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Taxable Property Owner Association Property and Taxable Public
Property in Zone 1 and Zone 2 at up to the applicable Maximum Special Tax for Taxable
Property Owner Association Property or Taxable Public Property.
Notwithstanding the above the City Council may, in any Fiscal Year, levy Proportionately
less than 100% of the Assigned Special Tax in step one ( above), when (i) the City Council is
no longer required to levy the Special Tax pursuant to steps two through four above in order
to meet the Special Tax Requirement; and (ii) all authorized CFD No. 2004-3 (IA No.2)
Bonds have already been issued or the City Council has covenanted that it will not issue any
additional CFD No. 2004-3 (IA No.2) Bonds (except refunding bonds) to be supported by
the Special Tax.
Further notwithstanding the above, under no circumstances will the Special Tax levied
against any Assessor's Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor's Parcel within
CFD No. 2004-3 (IA No.2).
E.
EXEMPTIONS
~
No Special Tax shall be levied on up to 74.81 Acres of Property Owner Association Property
and/or Public Property in CFD No. 2004-3 (IA No.2). Tax-exempt status will be assigned
by the CFD Administrator in the chronological order in which property becomes Property
Owner Association Property or Public Property. However, should an Assessor's Parcel no
longer be classified as Property Owner Association Property or Public Property, its tax-
exempt status will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special
Taxes under this section shall be subject to the levy of the Special Tax and shall be taxed
Proportionately as part ofthe fourth step in Section D above, at up to 100% of the applicable
Maximum Special Tax for Taxable Property Owner Association Property or Taxable Public
Property.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes; provided, however, that CFD No. 2004-3 (IA No.2) may directly bill
the Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet its financial obligations, and may covenant to foreclose and may actually
foreclose on delinquent Assessor's Parcels as permitted by the Act.
'-'"
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
ACENDA ITEM NO.
PAv~OF
~
<1~
December 16, 2004
Page 9
,.....
G. APPEALS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may submit a written appeal to CFD No. 2004-3 (IA No.2).
The CFD Administrator shall review the appeal and ifthe CFD Administrator concurs, the
amount of the Special Tax levied shall be appropriately modified.
The City Council may interpret this Rate and Method of Apportionment for purposes of
clarifying any ambiguity and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals. Any decision ofthe City Council shall
be final and binding as to all persons.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
"Buildout" means, for CFD No. 2004-3 (IA No.2), that all expected building permits have
been issued.
".--.
"CFD Public Facilities" means either $17,514,938 in 2004 dollars, which shall increase by
the Construction Inflation Index on July 1,2005, and on each July 1 thereafter, or such lower
number as (i) shall be determined by the CFD Administrator as sufficient to provide the
public facilities to be provided by CFD No. 2004-3 (IA No.2) under the authorized bonding
program for CFD No. 2004-3 (IA No.2), or (ii) shall be determined by the City Council
concurrently with a covenant that it will not issue any more CFD No. 2004-3 (IA No.2)
Bonds (except refunding bonds) to be supported by the Special Taxes levied under this Rate
and Method of Apportionment as described in Section D.
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as ofthe calendar
year which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs
previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected
to be available to finance the cost of CFD Public Facilities.
,-....
"Improvement Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct CFD Public
Facilities eligible under the Act.
ACENDA ITEM NO. ~
PAC~OF c;rq
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
December 16, 2004
Page 10
uPreviously Issued Bondsu means, for any Fiscal Year, all Outstanding Bonds that are ......"
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
1. Prepayment in Full
Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which
a building permit has been issued, may be prepaid. The obligation ofthe Assessor's
Parcel to pay any Special Tax may be permanently satisfied as described herein,
provided that a prepayment may be made with respect to a particular Assessor's
Parcel only ifthere are no delinquent Special Taxes with respect to such Assessor's
Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to
prepay the Special Tax obligation shall provide the CFD Administrator with written
notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD
Administrator shall notify such owner ofthe prepayment amount for such Assessor's
Parcel. The CFD Administrator may charge a reasonable fee for providing this
service. Prepayment must be made not less than 45 days prior to the next occurring
date that notice of redemption of CFD No. 2004-3 (IA No.2) Bonds from the
proceeds of such prepayment may be given by the Trustee pursuant to the Indenture.
The Special Tax Prepayment Amount (defined below) shall be calculated as
summarized below (capitalized terms as defined below):
........,
Bond Redemption Amount
plus
plus
plus
plus
less
less
Total: equals
Redemption Premium
Future Facilities Amount
Defeasance AmOUIlt
Administrative Fees and Expenses
Reserve Fund Credit
Capitalized Interest Credit
Prepayment Amount
As of the proposed date of prepayment, the Special Tax Prepayment Amount shall be
calculated as follows:
Paral!raph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax
and Backup Special Tax. For Assessor's Parcels of Undeveloped Property for which
a building permit has been issued, compute the Assigned Special Tax and Backup
Special Tax for that Assessor's Parcel as though it was already designated as
Developed Property, based upon the building permit which haAdiWo~~~~ued :t. .....,
for that Assessor's Parcel. PAGE '-{;;J OF <l''1
City of Lake Elsinore
CFD No. 1004-3 (IA No.1)
December 16, 1004
Page 11
~
3. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the total
estimated Assigned Special Taxes for the entire CFD No. 2004-3 (IA No.2) based on
the Developed Property Special Taxes which could be levied in the current Fiscal
Year on all expected development through Buildout ofCFD No. 2004-3 (IA No.2),
excluding any Assessor's Parcels which have been prepaid, and
(b) Divide the Backup Special Tax computed pursuant to paragraph 2 by the total
estimated Backup Special Taxes at Buildout for the entire CFD No. 2004-3 (IA No.
2), excluding any Assessor's Parcels which have been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Previously Issued Bonds to compute the amount of Previously Issued Bonds to be
retired and prepaid (the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (e.g., the redemption price-IOO%), if any, on the
Previously Issued Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
~
7.
Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Amount").
8. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and! or principal payment date following the current Fiscal Year
until the earliest redemption date for the Previously Issued Bonds.
9. Determine the Special Tax levied on the Assessor's Parcel in the current Fiscal Year
which has not yet been paid.
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Special Tax Prepayment Amount less the Future
Facilities Amount and the Administrative Fees and Expenses (defined below) from
the date of prepayment until the redemption date for the Previously Issued Bonds to
be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
12.
The administrative fees and expenses ofCFD No. 2004-3 (IA No.2) are as calculated
by the CFD Administrator and include the costs of computation ofthe prepayment,
the costs to invest the prepayment proceeds, the costs ofredee~~HfM9.04-3
PAGE~OF
;t
?r'1
.,.....
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
December 16, 2004
Page 12
(IA No.2) Bonds, and the costs of recording any notices to evidence the prepayment
and the redemption (the "Administrative Fees and Expenses").
......"
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Previously Issued Bonds as a result of the
prepayment, or (b) the amount derived by subtracting the neW reserve requirement (as
defined in the Indenture) in effect after the redemption of Previously Issued Bonds as
a result of the prepayment from the balance in the reserve fund on the prepayment
date, but in no event shall such amount be less than zero. No Reserve Fund Credit
shall be granted if the amount then on deposit in the reserve fund for the Previously
Issued Bonds is below 100% ofthe reserve requirement (as defined in the Indenture).
14. If any capitalized interest for the Previously Issued Bonds will not have been
expended as of the date immediately following the first interest and/or principal
payment following the current Fiscal Year, a capitalized interest credit shall be
calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or
3(b) by the expected balance in the capitalized interest fund or account under the
Indenture after such first interest and/or principal payment (the "Capitalized Interest
Credit").
15.
The Special Tax prepayment is equal to the sum ofthe aIllounts computed pursuant
to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Prepayment Amount").
'-'
From the Prepayment Amount, the amounts computed pursuant to paragraphs 4,5, 11, 13
and 14 shall be deposited into the appropriate fund as established under the Indenture and be
used to retire CFD No. 2004-3 (IA No.2) Bonds or make debt service payments. The
amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund.
The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2004-3 (IA
No.2).
The Special Tax Prepayment Amount may be insufficient to redeem a full $5,000 increment
ofCFD No. 2004-3 (IA No.2) Bonds. In such cases, the increment above $5,000 or integral
multiple thereof will be retained in the appropriate fund established under the Indenture to be
used with the next prepayment ofCFD No. 2004-3 (IA No.2) Bonds or to make debt service
payments.
As a result ofthe payment ofthe current Fiscal Year's Special Tax levy as determined under
paragraph 9 ( above), the CFD Administrator shall remove the current Fiscal Year's Special
Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the City Council shall cause a suitable notice to be recorded
in compliance with the Act, to indicate the prepayment ofthe Special Tax and the release of
the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel
to pay the Special Tax shall cease.
.....,
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
AITt:M NO. ?-... -
IW~D --, J l-! - OF ~ C, l!!cember 16, 2004
PAGE...:J,....J.--: - Page 13
,......
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless, at the
time of such proposed prepayment, the amount of Maximum Special Taxes that may be
levied on Taxable Property within CFD No. 2004-3 (IA No.2) (after excluding 74.81 Acres
of Property Owner Association Property and/or Public Property in CFD No. 2004-3 (IA No.
2) as set forth in Section E) both prior to and after the proposed prepayment is at least equal
to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual debt
service, in each remaining Fiscal Year on the Outstanding Bonds.
2. Prepayment in Part
The Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of
Undeveloped Property for which a building permit has been issued may be partially prepaid.
The amount of the prepayment shall be calculated as in Section H.I; except that a partial
prepayment shall be calculated according to the following f011llula:
PP = [(PE-A) x F] + A
These terms have the following meaning:
,.........
PP=
PE=
F=
the partial prepayment.
the Special Tax Prepayment Amount calculated according to Section H.I.
the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel
is partially prepaying the Special Tax.
the Administrative Fees and Expenses calculated according to Section H.I.
A=
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax and the percentage
by which the Special Tax shall be prepaid. The CFD Administrator shall provide the owner
with a statement ofthe amount required for the partial prepayment of the Special Tax for an
Assessor's Parcel within 30 days of the request and may charge a reasonable fee for
providing this service. With respect to any Assessor's Parcel that is partially prepaid, the
City Council shall (i) distribute the funds remitted to it according to Section H.I, and (ii)
indicate in the records of CFD No. 2004-3 (IA No.2) that there has been a partial
prepayment of the Special Tax and that a portion of the Special Tax with respect to such
Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum
Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to Section D.
,,-...
AGENDA ITEM NO. :l
PAGE 45' OF <{CO{
,
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
December 16, 2004
Page 14
I.
TERM OF SPECIAL TAX
The Special Tax shall be levied for a period not to exceed forty years commencing with
Fiscal Year 2005-2006, provided however that Special Taxes will cease to be levied in an
earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and
principal payments on the CFD No. 2004-3 (IA No.2) Bonds have been paid; and (ii) all
Authorized Facilities have been constructed.
K:\Clients2\Centex\Rosetta Canyon\Mello\RMA \IA2DraftRMA _ 3.doc
Revised: 12/20/04
ACENDA ITEM NO.
PACE L/ {p OF
City of Lake Elsinore
CFD No. 2004-3 (IA No.2)
December 16, 2004
Page 15
......,
......,
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AGENDA ITEM NO. ~
PAGE---HL-OF '?'1
SOURCES AND USES OF FUNDS
~.
Community Facilities District 2004-3
2004 Series A Improvement Area I
Dated Date 02/03/2005
Delivery Date 02/03/2005
Par Plus: Less:
Sources of Funds Amount Accrued Discount Total
Bond Proceeds:
Serial Bonds 2,835,000.00 13,265.40 2,821,734.60
Term Bond Maturing 2024 3,275,000.00 56,788.50 3,218,211.50
Term Bond Maturing 2035 14,350,000.00 198,747.50 14,151,252.50
20,460,000.00 0.00 268,801.40 20,191,198.60
Par Plus: Less:
Uses of Funds Amount Accrued Discount Total
Other Fund Deposits:
Reserve Fund 1,846,200.00 1,846,200.00
Capitalized Interest 688,6%.67 688,696.67
2,534,896.67 2,534,896.67
Delivery Date Expenses:
Cost ofIssuance 257,000.00 257,000.00
~ Underwriter's Discount 409,200.00 409,200.00
666,200.00 666,200.00
Other Uses of Funds:
Developer Reimbursements 85,000.00 85,000.00
Additional Proceeds 16,905,101.93 16,905,101.93
16,990,101.93 16,990,101.93
20,191,198.60 0.00 0.00 20,191,198.60
~
AGENDA ITEM NO._?::: -
PAGE3i-OF 5rq_
Nov 16,2004 3:36 pm Prepared by Rod Gunn Associates Inc
(Finance 5.000 cashflows:2004A-20043) Page I
BOND PRICING
Community Facilities District 2004-3 "-'"
2004 Series A Improvement Area 1
Maturity
Bond Component Date Amount Rate Yield Price
Serial Bonds:
09/01/2006 2.950% 2.950% 100.000
09/01/2007 25,000 3.000% 3.100% 99.752
09/01/2008 50,000 3.375% 3.450% 99.747
09/01/2009 75,000 3.625% 3.750% 99.476
09/01/2010 105,000 4.000% 4.050% 99.749
09/01/2011 135,000 4.250% 4.300% 99.713
09/01/2012 165,000 4.500% 4.550% 99.679
09/01/2013 200,000 4.750% 4.800% 99.648
09/01/2014 235,000 4.875% 5.000% 99.053
09/01/2015 275,000 5.125% 5.200% 99.391
09/01/2016 320,000 5.250% 5 .300% 99.566
09/01/2017 365,000 5.375% 5.400% 99.769
09/01/2018 415,000 5.500% 5 .500% 100.000
09/01/2019 470,000 5.500% 5.600% 99.007
2,835,000
Term Bond Maturing 2024:
09/01/2024 3,275,000 5.750% 5.900% 98.266
Term Bond Maturing 2035:
09/01/2035 14,350,000 6.000% 6.100% 98.615
20,460,000 "-'"
Dated Date 02103/2005
Delivery Date 02103/2005
First Coupon 09/01/2005
Par Amount 20,460,000.00
Original Issue Discount (268,801.40)
Production 20,191,198.60 98.686210%
Underwriter's Discount (409,200.00) (2.000000)
Purchase Price 19,781,998.60 96.686210%
Accrued Interest
Net Proceeds 19,781,998.60
AOENDA ITEM NO.
PAOE 5D OF
?-
'j"q
" ....."
Nov 16,2004 3:36 pm Prepared by Rod Gunn Associates Inc
(Finance 5.000 cashflows:2004A-20043) Page 2
BOND SOLUTION
r"'
Community Facilities District 2004-3
2004 Series A Improvement Area 1
Period Proposed Proposed Total Adj Revenue Unused Debt Serv
Ending Principal Debt Service Debt Service Constraints Revenues Coverage
09/01/2005 688,697 688,697 (688,697)
09/01/2006 1,191,975 1,191,975 1,314,000 122,025 110.23721%
09/01/2007 25,000 1,216,975 1,216,975 1,340,000 123,025 110.10908%
09/01/2008 50,000 1,241,225 1,241,225 1,367,000 125,775 110.13313%
09/01/2009 75,000 1,264,538 1,264,538 1,395,000 130,463 110.31701%
09/01/2010 105,000 1,291,819 1,291,819 1,422,000 130,181 110.07736%
09/01/2011 135,000 1,317,619 1,317,619 1,451,000 133,381 110.12290%
09/01/2012 165,000 1,341,881 1,341,881 1,480,000 138,119 110.29292%
09/01/2013 200,000 1,369,456 1,369,456 1,510,000 140,544 110.26274%
09/01/2014 235,000 1,394,956 1,394,956 1,540,000 145,044 110.39773%
09/01/2015 275,000 1,423,500 1,423,500 1,571,000 147,500 110.36178%
09/01/2016 320,000 1,454,406 1,454,406 1,602,000 147,594 110.14804%
09/01/2017 365,000 1,482,606 1,482,606 1,634,000 151,394 110.21132%
09/01/2018 415,000 1,512,988 1,512,988 1,667,000 154,013 110.17936%
09/01/2019 470,000 1,545,163 1,545,163 1,700,000 154,838 110.02079%
09/01/2020 525,000 1,574,313 1,574,313 1,734,000 159,688 110.14332%
09/01/2021 585,000 1,604,125 1,604,125 1,769,000 164,875 110.27819%
09/01/2022 650,000 1,635,488 1,635,488 1,804,000 168,513 110.30350%
09/01/2023 720,000 1,668,113 1,668,113 1,840,000 171,888 110.30431%
09/01/2024 795,000 1,701,713 1,701,713 1,877 ,000 175,288 110.30065%
09/01/2025 875,000 1,736,000 1,736,000 1,915,000 179,000 110.31106%
09/01/2026 965,000 1,773,500 1,773,500 1,953,000 179,500 110.12123%
,,--.. 09/01/2027 1,060,000 1,810,600 1,810,600 1,992,000 181,400 110.01878%
09/01/2028 1,155,000 1,842,000 1,842,000 2,032,000 190,000 110.31488%
09/01/2029 1,225,000 1,842,700 1,842,700 2,032,000 189,300 110.27297%
09/01/2030 1,300,000 1,844,200 1,844,200 2,032,000 187,800 110.18328%
09/01/2031 1,380,000 1,846,200 1,846,200 2,032,000 185,800 110.06392%
09/01/2032 1,460,000 1,843,400 1,843,400 2,032,000 188,600 110 .23109"10
09/01/2033 1,550,000 1,845,800 1,845,800 2,032,000 186,200 110.08777%
09/01/2034 1,640,000 1,842,800 1,842,800 2,032,000 189,200 110 .26699"10
09/01/2035 1,740,000 1,844,400 1,844,400 2,032,000 187,600 110.17133%
20,460,000 47,993,153 47,993,153 52,133,000 4,139,847
,.....
AGENDA ITEM NO.
PAGE~OF
?-
y~
Nov 16,2004 3:36 pm Prepared by Rod Ounn Associates Inc
(Finance 5.000 cashflows:2004A-20043) Page 3
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5
ACENDA ITEM NO.
PAGE ~
A
OF ~ '1..
~
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: DICKWATENPAUGH, CITY MANAGER
DATE: DECEMBER 28,2004
SUBJECT: RESOLUTION INITIATING PROCEEDINGS AND APPROVING
THE ENGINEER'S REPORT FOR THE ANNEXATION OF
CERTAIN TERRITORY KNOWN AS TRACTS 25476, 25477,
25478 and 25479 INTO THE CITY OF LAKE ELSINORE
LANDSCAPE AND STREET LIGHTING DISTRICT NO.1, AS
LLMD ANNEXATION NO.4, DECLARING THE CITY'S
INTENTION TO ORDER THE ANNEXATION AND TO LEVY
/"'" AND COLLECT ASSESSMENTS, DETERMINING THAT THESE
PROCEEDINGSBHALL BE TAKEN PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 AND THE
RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME
AND PLACE FOR HEARING OBJECTIONS THERETO
BACKGROUND
As a condition of approval, the City has required the Rosetta Canyon development
to be annexed into the Landscape and Street Lighting District No.1. As new
developments are brought forward to the City, the development will be annexed
into Landscape and Street Lighting District No. I if a development will have City
maintained landscaping areas and if there are more than 3 street lights.
DISCUSSION
Attached is the Engineer's report for the Lake Elsinore Landscape and Street
Lighting Maintenance District Annexation No.4 prepared by Harris and
Associates. The district annexation includes the Rosetta Canyon development
~ which contains approximately 215 street lights. The total annual cost of operations
and maintenance is estimated at $21,182 for Phase 1 and $17,088 for Phase 2 or
AQENDA ITEM NO. J
PAGE \ OF~
Report to the City Council
December 28,2004
Page 2 of3
......,
$41.61 and $33.97, respectively, per single family dwelling unit. The estimated
cost for the first year includes a 50% reserve bringing the total to $31,591 and
$25,632 or $63.40 and $51.76 per single family dwelling unit for the first year
only, for Phase 1 and 2, respectively. The 1972 Act requires that a special fund be
set up for the revenues and expenditures of the District and each annexation or
zone tracked separately. Any balance or deficit remaining on July 1 must be
carried over to the next fiscal year.
Th~ City Council may approve an increase of up to a two percent (2%) annually.
FISCAL IMPACT
The City is not negatively impacted by the annexation or continuation of the
district. In addition to the operating costs of the district, the special tax would be
levied annually to sufficiently finance the costs of administering the levy,
collection of the special tax and all other costs of the levy of the special tIDe
......,
The City will be, however, positively impacted with the funding for public right-
of-way landscape.
PROCESS
The annexation of the Landscape and Street Lighting District Annexation No.4
requires a specific process as outlined in the attached resolution. The City Council
will need to hold a public hearing on the annexation of certain territory into LLMD
No. 1 and the participating property owner will have the opportunity to vote. The
public hearing can be scheduled for February 11,2005.
"'"
.3
AQENDA lTEM NO.
0- OF 20
PA~
'"'
Report to the City Council
December 28, 2004
Page 3 of3
RECOMMENDATION
It is recommended that City Council:
I. Approve the Engineer's Report for Annexation No.4 to LLMD No. I
2. Adopt the Resolution 2004 - J!L of Intention to Annex into LLMD No. I
3. Schedule the public hearing on the District Formation for February 11,2005.
PREPARED BY:
APPROVED FOR
AGENDA LISTING:
Matt N. Pressey, Direc
M~.
Dick Watenpaugh, Ci Man er
~
~
3
AQE-NDA ITEM NO.
PAGE..-l-Of ~O_
RESOLUTION NO. 2004- "1 i
......,
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND
APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION
OF CERTAIN TERRITORY KNOWN AS THE TRACTS 25476, 25477, 25478 and 25479
INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT
NO.1, AS ANNEXATION NO.4 TO THE LAKE ELSINORE LANDSCAPE AND
STREET LIGHTING MAINTENANCE DISTRICT NO.1, DECLARING THE
CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY
AND COLLECT ASSESSMENTS, DETERMINING THAT THESE
PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 AND THE
RIGHT TO VOTe ON TAXES ACT, AND OFFERING A TIME
AND PLACE FOR HEARING OBJECTIONS THERETO
WHEREAS, the City Council ofthe City of Lake Elsinore, pursuant to the provisions of the
Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code ofthe
State of California (the "Act"), desires to initiate proceedings for the annexation of certain territory
(the "Annexed Area") to the Landscape and Street Lighting District No. 1 (the "District"), and ......"
declares the City's intention to order the annexation ofthe Annexed Area for the levy and collection
of annual assessment within the Annexed Area for Fiscal Year 2005/2006 for the purposes provided
therefor in the Act; and
WHEREAS, Centex Homes (hereinafter referred to as the "Developer") is the sole owner of
that certain real property located in the City of Lake Elsinore, County of Riverside, State of
California, more particularly described as follows:
Legal Description:
Tracts 25476, 25477, 25478 and 25479, in the City of Lake Elsinore, County of Riverside,
State of California, currently known as Assessor Parcel No.'s 349-240-001, 020, 021, 349-
410-001,002,003,004,016,349-420-001,002,006,007,008,347-110-027,347-120-017,
018,020,021,023,347-330-025,048,347-340-002,006,007,010,013.
WHEREAS, the Developer is developing the Property as a single family residential
development (hereinafter referred to as the "Project"); and
WHEREAS, the improvements to be installed, constructed, or maintained within the
proposed Annexed Area may include installation, construction, or maintenance of any authorized
improvements under the Act, including, but not limited to, streetlight improvements and any
facilities which are appurtenant to any ofthe aforementioned or which are necessary or convenient ......"
AQENDA ITEM NO. 3
, PAGE.-!:LOF ~O
Page 2
;"'"
for the maintenance or servicing thereof; and
WHEREAS, Section 22608 ofthe Act limits the requirement for the resolutions, Engineer's
Report, notices of hearing, and right of majority protest under the Act to the territory included within
the annexation and waives these requirements with the written consent of all of the owners of
property within the territory to be annexed; and
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that a
notice of the proposed assessment along with a ballot shall be mailed to all owners of identified
parcels within the Annexed Area and that the agency shall conduct a public hearing not less than 45
days after the mailing of said notice; and
WHEREAS, the Annexation consists of the development known as Assessor Parcel
No.'s 349-240-001, 020, 021, 349-410-001, 002, 003, 004, 016, 349-420-001, 002, 006, 007, 008,
347-110-027,347-120-017,018,020,021,023,347-330-025,048,347-340-002,006,007,010,013;
and
WHEREAS, the developer has submitted a petition to the City requesting to have the
development annexed into the Landscape and Street Lighting District No.1; and
"" WHEREAS, the developer, as stated in the petition, may waive all statutory notices of
hearing and rights of majority protest by any interested property owners within the Annexation; and
WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated
Proposed Annexation No.4 to the Lake Elsinore Landscape and Street Lighting Maintenance District
No. 1 and an assessment showing the proposed boundaries of the territory to be annexed into the
District, which is benefited by the construction of the improvements and the amount to be assessed
against each of the parcels within the proposed annexation to the District; and
WHEREAS, the City has ordered the preparation of an Engineer's Report in accordance with
Article 4 (commencing with Section 22565) of Chapter 1 ofthe Streets and Highways Code giving a
description of the annexation; and
WHEREAS, the Engineer's Report, diagram, and assessments have been approved and filed
with the City Clerk and are open to public inspection and may be referred to for all details regarding
the improvements, the boundary of the proposed annexation, the assessments, total costs, and
description of the parcels to be assessed; and
WHEREAS, this City Council has examined and considered the Engineer's Report, diagram,
assessments, and the proceedings prior thereto.
""
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA:
AGENDA ITEM NO. 3
PAGE 5 OF ;J..O
Page 3
SECTION 1. That the above recitals are true and correct.
.....,
SECTION 2. The City Council hereby finds (1) that the public interest, convenience, and
necessity require the maintenance of a street lighting system; and (2) declares its intention to order
the formation of the Annexation and to levy and collect assessments against the assessable lots
and/or parcels ofland within such Annexation for that portion ofthe fiscal year commencing July 1,
2005 and ending June 30, 2006, to pay the costs and expenses of the maintenance of improvements
described below. If the assessments proposed by this resolution are approved by the property owners
pursuant to a mailed ballot election conducted in accordance with Article XIII D ofthe California
Constitution, the City Council in subsequent fiscal years may thereafter impose the assessment at any
rate or amount that is less than or equal to the amount authorized for Fiscal Year 2005/2006, without
conducting another mailed ballot election.
SECTION 3. That the City Council hereby proposes to annex to Landscape and Street
Lighting District No.1 the Annexed Area located at Tracts 25476, 25477, 25478 and 25479, also
known as Assessor Parcel No.'s 349-240-001, 020, 021, 349-410-001, 002, 003, 004, 016,349-420-
001,002,006,007,008,347-110-027,347-120-017,018,020,021,023,347-330-025,048,347-
340-002,006,007,010,013, and to levy annual assessments thereon to provide for the following
work:
fustallation, construction, or maintenance of any authorized improvements under the Act,
including, but not limited to, streetlight improvements and any facilities which are appurtenant to any .....,
of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.
The distinctive designation for the proposed Annexed Area shall be "Annexation No.4 to the
Lake Elsinore Landscape and Street Lighting Maintenance District No.1", when referred to
separately and upon annexation will be included in the designation of Landscape and Street Lighting
District No.1.
SECTION 4. That the Property Owner has provided the City Council ofthe City of Lake
Elsinore a petition fully signed and notarized, waiving all statutory notices of hearing and notice
periods, granting the City the right to maintain and service the improvements and gives consent to
the establishment of an assessment for the proposed annexation ofthe property into the District in an
amount reasonably determined by the City to cover all costs and expenses incurred for the continued
maintenance, operation, and servicing of the improvements.
SECTION 5. A Diagram for the District (Section 22570 ofthe Streets and Highways Code)
and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be
annexed, benefited, and assessed for the improvements has been prepared as Exhibit "A." The
diagram, assessment, and improvement plans have been filed with the City Clerk.
SECTION 6. The diagram, which indicates by a boundary line the extent of the territory
proposed to be annexed into the District, is hereby declared to describe the proposed boundaries of
the proposed annexation to the District and shall govern for all details as to the extent and location of
'-'
AGENDA ITEM NO. 3
PAGE~OF )..l'J
Page 4
I""'-
said annexation.
SECTION 7. That the City Council is satisfied with the correctness of the diagram and
assessment, including the proceedings and all matters relating thereto.
SECTION 8. That notice is hereby given that on the 11 th day of February, 2005, at the hour
of7:00 p.m., or as soon thereafter as possible, in the City Council Chambers, in the City of Lake
Elsinore, the City will hold a public hearing to receive and tabulate all ballots with reference to the
Annexed Area pursuant to the Right to Vote On Taxes Act.
SECTION 9. The City Clerk shall certify to the adoption ofthis Resolution.
PASSED, APPROVED, AND ADOPTED this day 28th of December, 2004 .
MAYOR
ATTEST:
APPROVED AS TO FORM:
,-..
VICKI KASAD, CITY CLERK BARBARA LEillOLD, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, the City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolution
was duly adopted by the City Council ofthe City of Lake Elsinore at a regular meeting thereof, held
on the 28th day of December, 2004 by the following vote of Council:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
I""'-
_ VICKI KASAD, CITY CLERK
AQENDA ITEM NO. .3
, PAGE~OF ;2.0
Page 5
Exhibit A
Annexation No.4 to Landscape and Street Ligthting Maintenance District No.1
AGENDA ITErv~Np. ~
PAGE V. OF :J.. 0
.....,
.....,
.....,
Engineer's Report
for
Annexation No. 4
to the
Lake Elsinore
Landscape and Street Lighting
Maintenance District No. 1
(Rosetta Canyon)
City of Lake Elsinore
Riverside County, California
Prepared by:
II Hamsll Associates
December 14, 2004
AQENDA ITEM NO. 3
PAGE~ OF :20 i
Annexation No.4, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
December 14, 2004
Page i
ENGINEER'S REPORT
ANNEXATION NO.4 to the LAKE ELSINORE
LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1
J
The undersigned respectfully submits the enclosed report as directed by the City Council. The
1Uldersigned certifies that she is a Professional Engineer, registered in the State of California
DATED: December 14,2004
BY: Joan E. Cox
RC.E. No. 41965
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Diagram thereto attached, was filed with me on the _ day of .2004.
City Clerk, City of Lake Elsinore
Riverside County, California
By
J
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake
Elsinore, California, on the _ day of ,2004.
City Clerk, City of Lake Elsinore
Riverside County, California
By
I HEREBY CERTIFY that the enclosed Assessment Roll were filed with the County Auditor of the
County of Riverside, on the _ day of ,2004.
City Clerk, City of Lake Elsinore
Riverside C01Ulty, California
By
J
q:\elsinorelJlmd1\formation\new districtlannex no. 4 IImd engineer's report.doc
AQENDA ITEM NO. 3 .
PAGElQ. OF 2..0 \
Annexation No.4, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
December 14, 2004
Page ii
"......
ENGINEER'S REPORT
ANNEXATION NO.4 to the LAKE ELSINORE
LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1
TABLE OF CONTENTS
Certificates .. ...... ... ............... ........... .... ........ ...... .......................... .............. ......... i
Report.... ...... ........ .... ................ ....................................... .................................. 1
Part A - Plans atld Specifications......................................................... 3
Part B - Estimate of Cost............ ....... ............... ................................... 4
Part C - Assessment Roll ..................................................................... 5
Part D - Method of Apportionment of Assessment........................:..... 6
Part E - Property Owner List............................................................... 8
Part F - Assessment District Boundary ................................................ 8
,.........
"......
q:\elsinore\IJmd1\formation\new district\annex no. 4 IImd engineer's report.doc
AGENDA ITEM NO.
PAGER OF
3
?-1)
Annexation No.4, City of lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
December 14, 2004
Page 1
CITY OF LAKE ELSINORE
......,
ENGINEER'S REPORT
Prepared Pursuant to the Provisions of the Landscaping and
Lighting Act of 1972 (California Streets and Highways Code
Section 22500 through 22679), Article XIIm of The California
Constitution, and The Proposition 218 Omnibus Implementation
Act (California Government Code Section 53750 Et Seq.)
Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, Article
XIIID of the California Constitution, the Proposition 218 Omnibus Implementation Act and in
accordance with the Resolution of Initiation adopted by the Council of the City of Lake Elsinore,
State of California, in connection with the proceedings for:
CITY OF LAKE ELSINORE
ANNEXATION NO.4 to the LANDSCAPE AND
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
hereinafter referred to as the "Assessment District" or "District", I, Joan E. .Cox, P.E., the authorized
representative of Harris & Associates, the duly appointed ENGINEER OF WORK, submit herewith
the "Report" consisting of six (6) parts as follows:
~
PART A
Plans and specifications for the improvements showing and describing the general nature, location
and extent of the improvements.
PART B
An estimate of the cost of the proposed improvements for FY 2005-06, including incidental costs and
expenses in connection therewith.
PARTC
An assessment of the estimated cost of the improvements on each benefited lot or parcel of land
within the Assessment District.
......,
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NO '3 -
AGENDA'TEM . ~O
PAGE~OF- -
Annexation No.4, City of Lake Elsinore
Landstape and Street Lighting Maintenance District No. 1
December 14, 2004
Page 2
",.,-
PART D
The method of apportiol1IIlent of assessments, indicating the proposed assessment of the total amount
of the costs and expenses of the improvements upon the several lots and parcels of land within the
Assessment District, in proportion to the estimated benefits to be received by such lots and parcels.
PART E
A list of the names and addresses of the owners of real property within the Assessment District, as
shown on the last equalized roll of the Assessor of the County of Riverside.
PART F
The Diagram of the Assessment District Boundaries showing the exterior boundaries of the
Assessment District, the boundaries of any zones within the Assessment District and the lines and
dimensions of each lot or parcel of land within the Assessment District.
",.,-
I"""'"
q:\elsinore\lImd1\formatiOn\new district\annex no. 4 IImd engineer's report.doc
AGENDA ITEM NO.
PAGEJ1LOF 1-0
]
Annexation No.4, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
December 14, 2004
Page 3
PAllT A
PLANS AND SPECIFICATIONS
....,
The facilities will be operated, serviced and maintained as generally described as follows:
DESCRIPTION OF IMPROVEMENTS, FY 2005-06
The facilities to be maintained and serviced include landscaping for the specific Maintenance District
as described herein. Facilities include but are not limited to: landscaPing, planting, shrubbery, trees,
turf, irrigation systems, hardscapes, fixtures, and appurtenant facilities, in public rights-of-way,
parkways, slopes and dedicated easements within the boundaries of said Maintenance District.
Zone 1 (the original District) - Encompasses the Water Ridge Development and funds landscape
and street lighting maintenance and operations.
Zone 2 (Annexation No.1) - Encompasses the Elsinore Homes Development and funds landscape
and street lighting maintenance and operations.
Zone 3 (Annexation No.2) - Encompasses the Pepper Grove Development and funds landscape and
street lighting maintenance and operations.
Zone 4 (Annexation No.3) - Encompasses the Serenity Development and funds landscape and
street lighting maintenance and operations.
Zone 5 (Annexation No.4) - Encompasses the Rosetta Canyon Development and funds street
lighting maintenance and operations.
"-tIfI
The facilities in Zone 5 are specifically described as follows:
· Street lights within the public right-of-way (215 street lights)
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance,
operation and servicing of the street lights and appurtenant facilities, including repair, removal or
replacement of all or part of any of the street lights or appurtenant facilities.
Servicing means the maintenance of any of the lighting facilities or appurtenant facilities and the
furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities.
The plans and specifications for the improvements, showing and describing the general nature,
location, and the extent of the improvements, are on file in the office of the Director of Public Works
and are incorporated herein by reference.
....,
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AGENDA ITEM NO.
PAGE I ~ OF
3
2.0
Annexation No.4, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
December 14, 2004
Page 4
""
PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street lights improvements for
Fiscal Year 2005-06, as described in Part A, are summarized herein and described below.
ANNEXATION NO.4 to the LANDSCAPE AND
STREET LIGHTING MAINTENANCE DISTRICT NO.1
Proposed Bud2'et - Fiscal Year 2005-06
Zone 5, Fiscal Year 2005-06 Estimated Costs
Phase 1
Operations and Maintenance
Reserve (50%)
Sub-Total
$21,182.00
$10591.00
$31,773.00
Phase 2
Operations and Maintenance
Reserve (50%)
Sub-Total
$17,088.00
$ 8544.00
$25,632.00
""
District Administration
$900.00
Total Estimated Costs
$58,305.00
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the
District by the City may be made to reduce assessments, as the City Council deems appropriate. Any
balance or deficit remaining on July 1 must be carried over to the next fiscal year.
,,-..
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AQENDA ITEM NO.
/'
PAGE.J...2. OF
3
20i
Annexation No.4, Cityof Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
December 14, 2004
Page 5
PART C
ASSESSMENT ROLL
....,,;
The total proposed assessrnent for Fiscal Year 2005-06 and the amount of the total proposed
assessment apportioned to each lot or parcel within Zone 50f the District, as shown on the latest
assessment roll at the Riverside COUfity Assessor's Office, are contained in the Assessment Roll
provided below.
The description of each lot or parcel is part of the Riverside County assessment roll and this roll is,
by reference, made part of this Report.
Phase 1- Tract Nos. 25478 & 25479
Assessor's Parcel Number
347-110-027
347-120-017
347-120'-018
347'-120-020
347-120-021
347-120-023
347-330-025
347-330-048
347-340-002
347-340-006
347-340-007
347-340-010
347-340-013
Dwelling Units
FY 2005-06 Max. Asmt
509
$32,270.60*
....,,;
*The maximum assessment is $0.54 less than the estimated budget
due to rounding of the assessment per dwelling unit.
Phase 2 -Tract Nos. 25476 & 25477
Assessor's Parcel Number
349-240-001
349-400-020
349-400-021
349-410-001
349-410-002
349-410-003
349-410'-004
349-410-016
349-420-001
349-420-002
349-430-006
349-430-007
349-430-008
Dwelling Units
FY 2005-06 Max. Asmt
503
$26,035.28*
*The maximwn assessment is $1.42 more than the estimated
budget due to rounding of the assessment per dwelling unit.
....,,;
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AQENDA neu NO. 3
PAGE t ~ OF ~ 0
Annexation No.4, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
December 14, 2004
Page 6
""
PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972,
permits the establishment of assessment district by cities for the purpose of providing certain public
improvements which include construction, operation, maintenance and servicing of street lights,
traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance
assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned
by any formula or method which fairly distributes the net amount among all assessable lots
or parcels in proportion to the estimated benefits to be received by each such lot or parcel
from the improvements."
The 1972 Act permits the designation of zones of benefit within any individual assessment district if
"by reason of variations in the nature, location, and extent of the improvements, the various areas will
receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act
requires the levy of a true "assessment" based on the actual benefit rather than a "special tax.t.t
~
In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November
1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcers
assessment may not exceed the reasonable cost of the proportional special benefit conferred on that
parcel. Article XIIID provides that only special benefits are assessable and the City must separate the
general benefits from the special benefits. Article XIIID also requires that publicly owned property
which benefit from the improvements be assessed.
REASON FOR THE ASSESSMENT
The assessment is proposed to be levied to pay for the costs of the construction, servicing and
maintenance of street lighting and appurtenant improvements within the District.
SPECIAL BENEFIT ANALYSIS
Street Lighting. Proper maintenance and operation of the streetlights benefit all properties within
the District by providing security, safety and community character and vitality as outlined below.
Streetlights provide only incidental benefits to motorists traveling to, from or through the area.
BENEFITS OF STREET LIGHTING
Security and Safety
. Mitigates crime
. Alleviates the fear of crime
. Enhances safe ingress/egress to property
Community Character and Vitality
. Promotes social interaction
. Promotes business and industry
. Contributes to a positive nighttime visual image
""
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~
AGENDA ITEM NO. ?-D
PAGElloF- -
Annexation No.4, City of Lake Elsinore
Landscape and Street Lighting Maintenance DistrictNo. 1
December 14, 2004
Page 7
Improvements that provide a special benefit to an isolated group of parcels of land located within the
District are considered to be a localized benefit, and the costs associated with these improvements are """"'"
assessed to all assessable parcels receiving the localized benefit. Localized benefits include the
construction, operation, servicing and maintenance of the improvements that only benefit the parcels
located within the localized areas.
Localized Improvements - Parcels that have street lighting adjacent to or near their parcels directly
benefit from the improvements and are assessed for the costs of the localized improvements.
ASSESSMENT METHODOLOGY
Zone 5
The parcels of land in Zone 5 are single family residential (SFR) lots, with each of these lots
benefiting equally from the improvements being maintained. Therefore, the costs associated with the
street lighting within ahd directly adjacent to the development, as shown in Part B of this report, will
be apportioned on a residential lot basis. The table below provides the assessment apportioilment for
Zone 5.
Phase
1
2
SFR
Lots
509
503
Max. Maint. Asmt
per Lot (FY 2005-06)*
$63.40
$51.76
Actual Asmt
per Lot (FY 2005-06)
$63.40
$0.00
Total Max. Asmt
For District
$32,271.14
$26,033.86
* The maximum annual maintenance assessments shall be increased each year by 2%. The actual
assessments levied in any fiscal year will be as approved by the City Council and may not exceed .'-'
the maximum assessment rate without receiving property owner approval for the increase.
....."
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3
AQENOA ITEM N9. ~l)
PAGEJLOF
Annexation No.4, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No. 1
December 14, 2004
Page 8
"""
PART E
PROPERTY OWNER LIST
A list of names and addresses of the owners of all parcels within this District is shown on the last
equalized Property Tax Roll of the Assessor of the County of Riverside, which by reference is hereby
made a part of this report This list is keyed to the Assessor's Parcel Numbers as shown on the
Assessment Roll, Part C of this Report.
PART F
ASSESSMENT DISTRICT BOUNDARIES
Diagrams showing the exterior boundaries of the District and the lines and dimensions of each lot or
parcel of land within the District are provided on the following page.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions
shown on the maps of the Assessor of the County of Riverside for Fiscal Year 2004-05. The
Assessor's maps and records are incorporated by reference herein ahd made part of this report.
,-..
"""
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AQENDA ITEM NO. 3
PAGEl1..0F ~
Assessor Parcel NOs.
349-240-001
349-400-020
349-400-021
349-410-001
349-410-002
349-41 ().(l()3
349-410-004
349-410-016
349-420-001
349-420-002
349-430-006
349-430-007
349-430-008
....,
347-110-027
347-120-017
347-120-018
347-120-020
347-120-021
347-120-023
347-330-025
347-330-048
347-340-002
347-340-006
347-340-007
347-340-010
347-340-013
VlQllTY MAP
NO 5CALE
~
1IIS1RI:T_
....,
The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside
for Fiscal Year 2004-05.
Annexation No.4 to the Landscape and '-'
Street Lighting Maintenance District No.1 "2
Assessment Diagram ITEM NO. ./
Page 1 of 1 AQENOA '2. .~
PAGE..2QOF 0 ~
CITY OF LAKE ELSINORE
fI"""
REPORT TO THE CITY COUNCIL
TO:
Mayor and City Council
FROM:
Richard J. Watenpaugh, City Manager
INITIATED BY:
Western Riverside Council of Governments (WRCOG)
DATE:
December 28, 2004
SUBJECT:
Annual Adjustment of Transportation Uniform Mitigation Fee
(TUMF)
BACKGROUND
At its regular meeting on April 22, 2003, the City' Council adopted Ordinance No. 1096
establishing the Transportation Uniform Mitigation Fee (TUMF), which is levied and
collected from new residential and non-residential development. The purpose of the
TUMF is to finance the construction of regional road improvements and transportation
programs identified in the TUMF Program Network. Once collected, TUMF amounts are
"....... transmitted to the TUMF Program Administrator (the Western Riverside Council of
Governments, or WRCOG) for allocation and expenditure.
DISCUSSION
The TUMF Program Ordinance and the Administration Plan allow for periodic
adjustments to the TUMF based on construction costs or other variables that could affect
the dollar value to construct the facilities identified in the TUMF Program. Construction
costs are directly attributable to delivering the projects identified in the TUMF Program.
These adjustments serve to maintain pace with inflation. Developer credits and
reimbursements provided for qualified road improvements are also adjusted
proportionately. The adjustment simply maintains the "buying power" of the dollar
during the life of the TUMF Program. As the TUMF Program enters its second year of
implementation, WRCOG is undertaking the requisite annual effort to identify
construction cost indices for purposes of implementing this administrative adjustment to
the TUMF Program fee.
fI"""
The national construction cost index (CCI) is used by WRCOG as the basis for adjusting
TUMF Program costs. Discussions between the sub-region's Public Works Directors
concluded that the national average is best suited for use as the industry standard because
of its stability: it is not as susceptible to regional fluctuations as more localized indices
might be. Additionally, the national standard benefits from its broad source data (the
twenty largest metropolitan areas in the United States) and has been prepared since 1908.
A\
A{,lEND" 1TEMr. :s
'. PA~ OF (
In sum, WRCOG considers it to be a recognized, consistent and trusted data source to use
as the basis for adjusting TUMF program costs.
.....,
In April 2004, the WRCOG Executive Committee approved a 1.5% correction to the
TUMF Program Network but did not seek to increase the TUMF charged at that time,
deciding to include the correction concurrently with the future annual index adjustment.
In September 2004, the Public Works Directors recommended a 7.38% CCI increase
based on 13 months (utilizing the national source data discussed above) and the 1.5%
TUMF Program Network correction for a total TUMF adjustment of 8.88%. In October
2004, WRCOG issued a letter setting forth the exact amount of the increase of the TUMF
and the adjusted TUMF amount to be charged.
In accordance with the guidance issued by WRCOG, TUMF fees shall be increased from
the current fee structure by the following amounts:
Fee Category
Current Fee
8.8% Increase
New Fee
Residential
Single Family $6,650/unit
Residential
Multi-Family $4,607/unit
$598/unit $7,248/unit
$414/unit $5,021/unit
$0.04/sq. ft. $0.52/sq. ft.
$0.23/ sq. ft. $2.83/sq. ft. .....,
$0.14/sq. ft. $1.75/sq. ft.
Industrial $0.48/sq.ft.
Retail Commercial $2.60/sq. ft.
Service Commercial $1.61/sq. ft.
In November 2004, WRCOG issued further guidance indicating the TUMF to be charged
for non-residential land use types from July I, 2005 through June 30, 2006 and indicating
that each jurisdiction participating in the TUMF Program is required to amend its TUMF
ordinance to reflect the previously discussed adjustments and additional adjustments
commencing on July I, 2006. The incremental implementation amounts for Industrial,
Retail and Service fees designated by WRCOG are as follows:
Fee Category Fee July 1,2005 to New Fee Starting
June 30, 2006 July 1, 2006
Industrial $1.05/sq. ft. $1.58/sq. ft.
Retail Commercial $5.67/ sq. ft. $8.51/sq. ft.
Service Commercial $3.52/sq. ft. $5.28/sq. ft.
As a member agency and participant in the TUMF Program, the City of Lake Elsinore is
required to incorporate the revised fee structure into the existing TUMF Program
......,
AGENDA ITEM NO. dw ~
PAGE..LOF.li-
ordinance in order to begin collecting the revised fees by March 1, 2005, as required by
,..... WRCOG.
FISCAL IMPACT
The increased TUMF fees shall be levied on new development commencing 60 days after
the date of adoption of the Ordinance. Fees shall be administered in accordance with the
TUMF Program.
RECOMMENDATION
That the City Council adopt Ordinance No. \ \ :)c, amending the schedule of fees in the
TUMF Program ordinance for the City of Lake Elsinore. It is further recommended that
the City Council approve Ordinance No: ~ by title only and waive further reading.
PREPARED BY: Ken Seumalo, Engineering Manager
APPROVED BY:
APPROVED FOR
AGENDA LISTING:
Attachments:
Ordinance No. ~
Ordinance No. 1096
""'
,.....
:l\
AGENDA .TE~O. 1 'S
PAGE--J-OF -
ORDINANCE NO. .u 3'-
.""""""
AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCE
NUMBER 1 096 OF THE CITY OF LAKE ELSINORE TO ADJUST THE WESTERN
RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE
WHEREAS, Government Code Sections 66000 et seq. permits the adoption or increase
of certain fees provided that certain notice requirements are met;
WHEREAS, the City Council of the City of Lake Elsinore, California (the "City")
adopted Ordinance No. 1096, an ordinance of the City authorizing participation in the Western
Riverside County Transportation Uniform Mitigation Fee (TUMF) Program, on April 22, 2003;
WHEREAS, the TUMF Program is administered by the Western Riverside Council of
Governments (WRCOG), which has approved an adjustment to the fees imposed by the TUMF
Program;
WHEREAS, the City desires to adjust the fees imposed by Ordinance No. 1096 in
accordance with the revised TUMF fee schedule adopted by WRCOG;
WHEREAS, in accordance with the Government Code, the City has properly noticed a
public hearing for December 28,2004 to consider the matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS:
""""""
Section 1: Title
This Ordinance shall be known as the "Fee Adjustment to the Western Riverside County
Transportation Uniform Mitigation Fee Program Ordinance".
Section 2:
Findings
A. In accordance with Ordinance 1 096, Section 4.C, TUMF fees may be periodically
reviewed and increased or decreased to reflect changes required as a result of periodic review by
Western Riverside Council of Governments. This Ordinance amends Section 4.A, Establishment
of Fees and Section 6.B.ii, Payment of Fees. All other sections of Ordinance 1096 shall remain
in full force and effect.
Section 3:
Revisions
A.
Section 4.A is amended in its entirety to read as follows:
Section 4:
Establishment of the Revised Transportation Uniform Mitigation Fee
A. Adoption. Subject to the exemptions set forth in Section 4F and the .
phase-in periods set forth in Section 6.b. hereof, there is hereby adopted the following ,
schedule of fees:
$7,248 per Single Family Residential Unit
$5,021 per Multi Family Residential Unit
""""""
AQENOA HEM NO. ~ \ /
PAGE..:!.- OF J 'J
,....
$1.58 per square foot of an Industrial Project
$8.51 per square foot of a Retail Commercial Project
$5.28 per square foot of a Service Commercial Project
B.
Section 6.B.ii is amended in its entirety to read as follows:
Section 6:
Procedures for the Levy, Collection and Disposition of Fees
B.
Payment of the revised fees shall be as follows:
11. For non-residential projects the fees shall be phased in as follows:
From the effective date of this Ordinance to July 1, 2004, non-
residential projects shall be exempt from fees hereunder pursuant
to Section 4.F
From July 1,2004 to June 30, 2005, the fee schedule shall be:
$0.52 per square foot of an Industrial Project
$2.83 per square foot of a Retail Commercial Project
$1.75 per square foot of a Service Commercial Project
From July 1, 2005 to June 30, 2006, the fee schedule shall be:
,-.
$1.05 per square foot of an Industrial Project
$5.67 per square foot of a Retail Commercial Project
$3.52 per square foot of a Service Commercial Project
After July 1, 2006, the fee schedule shall be as set forth in Section
4.A. hereof, or such fee schedule as may be in effect due to
amendment of Section 4.A. in accordance with Section 4.C. hereof.
Section 4:
Severability
If anyone or more of the terms, provisions or sections of this Ordinance shall to any
extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of
competent jurisdiction, then each and all of the remaining terms, provisions and sections of this
Ordinance shall not be affected thereby and shall be valid and enforceable.
Section 5:
Effective Date
This Ordinance shall take effect 30 days after the date of adoption. The increased fees
shall be levied on development commencing 60 days after the date of adoption.
PASSED UPON FIRST READING this _ day of
following vote:
, 2004, upon the
,-
AYES:
NOES:
ABSENT:
Councilmembers:
Councilmembers:
Councilmembers:
AGENDA ITEM NO. ;L.. \ A
PAGE~ OF.-12-
ABSTAIN:
Councilmembers:
.....,
PASSED, APPROVED AND ADOPTED this _ day of
the following vote:
, 2004, upon
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
Vicki Kasad, City Clerk
City of Lake Elsinore
""
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
AQENDA nEM NO. ':2. \
PAGE~OF , 5
""
ORDINANCE NO. 1096
,......
AN ORDINANCE OF THE CITY OF LAKE ELSINORE AUTHORIZING
PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND
ADDING CHAPTER 16.83 TO THE LAKE ELSINORE MUNICIPAL CODE
The City Council of the City of Lake ElsiI,1ore ordains as follows:
Section 1: Title
This Ordinance shall be known as the "Western Riverside County Transportation
Uniform Mitigation Fee Program Ordinance" and shall be added as Chapter 16.83 of the Lake
Elsinore Municipal Code.
Section 2:
Findings
,
)-..
A. The City Council has been informed and advised, and hereby finds, that future
development within Western Riverside County and the cities therein will result in traffic
volumes exceeding the capacity of the Regional System of Highways and Arterials (the
"Regional System") as it presently exists. A map depicting the boundaries of Western Riverside
County and the system is attached hereto as Exhibit "A" and made a part hereof.
B. The City Council has been further informed and advised, and hereby finds, that if
the capacity of the Regional System is not enlarged, the result will be s.ubstantial traffic
congestion in all parts of Western Riverside County, with unacceptable levels of service
throughout Western Riverside County by 2025.
C. The City Council has been further informed and advised, and hereby finds, that
funds will be inadequate to construct the Regional System needed to avoid the unacceptable
levels of traffic congestion and related adverse impacts. Absent a Transportation Uniform
Mitigation Fee (TUMF), existing and known future funding sources will be inadequate to
provide the necessary improvements to the Regional System, resulting in an unacceptably high
level oftraffic congestion within and around Western Riverside County.
D. The City is a Member Agency of the Western Riverside Council of Governments
(WRCOG), a joint powers agency consisting of the County of Riverside, and the fourteen other
cities situated in Western Riverside County. Acting in concert, the Member Agencies of
WRCOG developed a plan whereby the shortfall in funds needed to expand the capacity of the
Regional System could be made up in part by a Transportation Uniform Mitigation Fee on future
residential and non-residential development. As a Member Agency of WRCOG, the City
participated in the preparation of that certain "Western Riverside County Transportation Uniform
Mitigation Fee Nexus Study", dated October 18, 2002, prepared pursuant to California
Government Code, Section 66000 et seq., the Mitigation Fee Act (the "Nexus Study").
E. The City Council has reviewed the Nexus Study, and hereby finds that future
development within the County and Cities will substantially adversely affect the Regional
System, and that unless such development contributes to the cost of improving the Regional
System, the System will operate at unacceptable levels of service.
,,-
ACENtlJ.'\ ~r!:M NO.~
P.ACi_ I Of /5
F. The City Council hereby finds and determines that the failure to mitigate growing
traffic impacts on the Regional System within Western Riverside County will substantially
impair the ability of public safety services (police and fire) to respond. The failure to mitigate
impacts on the Regional System will adversely affect the public health, safety and welfare. ~
G. The City Council further finds and determines that there is a reasonable and
rational relationship between the use of the TUMF and the type of development projects on
which the fees are imposed because the fees will be used to construct the transportation
improvements that are necessary for the safety, health and welfare of the residential and non-
residential users of the development projects on which the TUMF will be levied.
H. The City Council further finds and determines that there is a reasonable and
rational relationship between the need for the improvements to the Regional System and the type
of development projects on which the TUMF is imposed because it will be necessary for the
residential and non-residential users of such projects to have access to the Regional System.
Such development will benefit from the Regional System improvements and the burden of such
development will be mitigated in part by the payment of the TUMF.
1. The City Council further finds and determines that the cost estimates set forth in
the Nexus Study are reasonable cost estimates for constructing the Regional System
improvements, and that the amount of the TUMF expected to be generated by new development
will not exceed the total fair share cost to such development.
J. The fees collected pursuant to this Ordinance shall be used to help pay for the
construction and acquisition of the Regional System improvements identified in the Nexus
Study. The need for the improvements is related to new development because such development
results in additional traffic thus creating the demand for the improvements.
K. By notice duly given and published, the City Council set the time and place for a
public hearing on the Nexus Study and the fee proposed hereunder, and at least ten days prior to
the hearing, the County and the City made the Nexus Study available to the public.
L. At the time and place set for the hearing, the City Council duly considered that
data and information provided by the public relative to the cost of the services for which the fees
are proposed and all other comments, whether written or oral, submitted prior to the conclusion
of the hearing.
M. The City Council finds that the Nexus Study proposes a fair and equitable method
for distributing a portion of the unfunded costs of improvements to the Regional System.
N. The City Council hereby adopts the Nexus Study and incorporates it herein as
though set forth in full.
'-'
Section 3:
Definitions
For the purpose of this Ordinance, the following words, terms and phrases shall have the
following meanings:
A. "Development Project" or "Project" means any project undertaken for the
purpose of development including the issuance of a permit for construction.
B. "Gross Acre" means the total property area as shown on a land division map of .
record, or described through a recorded legal description of the property. This
area shall be bounded by road rights of way and property lines.
C. "Industrial Project" means any development project, which proposes any
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ACENOA RiM NO.--.al
PAOI <6 OF 1<)
industrial or manufacturing use allowed in the following zoning classifications:
CM, M-l and M-2 or an industrial manufacturing use listed in a specific plan.
~
D. "Low Income Residential Housing" means residential units in publicly
subsidized projects constructed as housing for low-income households as such
households are defined pursuant to section 50079.5 of the Health and Safety
Code. "Publicly subsidized projects," as the term is used herein, shall not
include any project or project applicant receiving a tax credit provided by the
State of California Franchise Tax Board.
E. "Multi Family Residential Unit" means a development project that has a
density of greater than eight (8) residential dwelling units per gross acre.
F. "Non-Residential Project" means a retail commercial, service commercial and
industrial development which is designed primarily for non-dwelling use, but
shall include hotels and motels.
G. "Residential Dwelling Unit" means a building or portion thereof used by one
(1) family and containing but one (1) kitchen, which is designed primarily for
residential occupancy including single-family and multi-family dwellings.
"Residential Dwelling Unit" shall not include hotels or motels.
H. "Retail Commercial Project" means any development project, which proposes
any commercial use not defined as a service commercial project, allowed in the
following zoning classifications: C-P, C-l, C-2, CM, R or a commercial or
recreational use listed in a specific plan.
1.
"Service Commercial Project" means any development project that is
predominately dedicated to business activities associated with professional or
administrative services, and typically consists of corporate offices, financial
institutions, legal and medical offices.
~
J.
"Single Family Residential Unit" means each residential dwelling unit in a
development that has a density of 8 units to the gross acre or less.
Section 4:
Establishment of the Transportation Uniform Mitigation Fee
A. Adoption. Subject to the exemptions set forth in Section 4F and the phase-in
periods set forth in Section 6.b. hereof, there is hereby adopted the following schedule of fees:
$6650 per Single Family Residential Unit
$4607 per Multi Family Residential Unit
$1.45 per square foot of an Industrial Project
$7.81 per square foot of a Retail Commercial Project
$4.84 per square foot of a Service Commercial Project
B. Fee Calculation.
1. For non-residential projects, the fee rate utilized shall be based upon the
predominate use of the building or structure identified in the building
permit as further specified in the TUMF Administration Plan.
II.
For non-residential projects, the fee shall be calculated on the total square
footage of the building or structure identified in the building permit and as
further specified in the TUMF Administration Plan.
",......
AGEIIDA llilo\ NO.~
PAGi-3--Of
C. Fee Adjustment. The fee schedule may be periodically reviewed and the amOlmts
adjusted by the WRCOG Executive Committee. By amendment to this Ordinance, the fees may be
increased or decreased to reflect changes in actual and estimated costs of the Regional System
including, but not limited to, debt service, lease payments and construction costs. The adjustment of "
the fees may also reflect changes in the facilities required to be constructed, in estimated revenues
received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with
which to construct the Regional System. WRCOG shall review the TUMF program within two (2)
years of the effective date of this Ordinance and no less than every five (5) years thereafter.
D. Purpose. The purpose of the TUMF is to fund those certain improvements to the
Regional System as depicted on Exhibit A and identified in the Nexus Study.
E. Applicability. The TUMF shall apply to all new development within the City
unless otherwise exempt hereunder.
F. Exemptions. The following new development shall be exempt :from the TUMF:
1. Low income residential housing.
11. Government/public buildings, public schools and public facilities.
111. The rehabilitation and/or reconstruction of any legal, residential structure
and/or the replacement of a previously existing dwelling unit.
IV. The rehabilitation and/or reconstruction of any non-residential structure
where there is no net increase in square footage. Any increase in square
footage shall pay the current applicable rate.
v. Development Projects which are the subject of a Development Agreement
entered into pursuant to Government Code, Section 65864 et seq. prior to "
the effective date of this ordinance, if new fees are expressly prohibited,
provided, however that, if the term of such a Development Agreement is
extended after the effective date of this Ordinance, the TUMF shall be
imposed.
VI. The sanctuary building of a church or other house of worship, eligible for
a property tax exemption.
Vll. Residential projects that have been issued a building permit prior to June
1,2003.
Vlll. Non-Residential projects that have been issued a building permit prior to
June 30, 2004.
G. Credits.
Regional System improvements may be credited toward the TUMF in accordance
with the TUMF Administration Plan and the following:
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AGENDA new NO.~
~AOi, .La _Of [S 1
.
Regional Tier
.)1-0..
Arterial Credits: If a developer constructs arterial improvements
identified on the Regional System, the developer shall receive credit for
the all costs associated with the arterial component based on approved unit
cost assumptions for the Regional System.
ll. Other Credits: In special circumstances, when a developer constructs off-
site improvements such as an interchange, bridge, or railroad grade
separation, credits shall be determined by WRCOG and the local
jurisdiction in consultation with the developer.
1.
1lI. The amount of the development fee credit shall not exceed the maximum
amount determined by the most current unit cost assumptions for the
Regional System or actual costs, whichever is less.
Local Tier
1. The local jurisdictions shall compare facilities in local fee programs
against the Regional System and eliminate any overlap in its local fee
program except where there is a recognized benefit district established.
ll. If there is a recognized benefit district established, the local agency may
credit that portion of the facility identified in both programs against the
TUMF.
I
~
Section 5:
Reimbursements
Should the developer construct network improvements in excess of the TUMF fee
obligation the developer may be reimbursed based on actual costs or the approved unit cost
assumptions, whichever is less at the time of the agreement. Reimbursements shall be enacted
through a three party agreement including the developer, WRCOG and the local jurisdiction,
contingent on funds being available. In all cases, however, reimbursements under such special
agreements must coincide with construction of the transportation improvements as scheduled in
the five-year Capital Improvement Program adopted annually by WRCOG.
Section 6:
Procedures for the Levy, Collection and Disposition of Fees
A. Authority of the Community Development Department. The Director of
Community Development, or his/her designee, is hereby authorized to levy and collect the
TUMF and make all determinations required by this Ordinance.
B. Payment of the fees shall be as follows:
l.
The fees shall be paid at the time a certificate of occupancy is issued for the
Development Project or upon [mal inspection, whichever occurs first.
However, this section should not be construed to prevent payment of the
Fees prior to issuance of an occupancy permit or fmal inspection. Fees may
be paid at the time application is made for a building permit.
ll.
For non-residential projects the fees shall be phased in as follows:
""
From the effective date ofthis Ordinance to July I, 2004, non-residential
projects shall be exempt from fees hereunder pursuant to Section 4.F
, . UNO d i
AOEftDA ITE.. '--~S
PACi--1l-OF
From July 1,2004 to June 30, 2005, the fee schedule shall be:
$0.48 per square foot of an Industrial Project
$2.60 per square foot of a Retail Commercial Project
$1.61 per square foot of a Service Commercial Project
~
From July 1, 2005 to June 30, 2006, the fee schedule shall be:
$0.96 per square foot of an Industrial Project
$5.20 per square foot of a Retail Commercial Project
$3.23 per square foot of a Service Commercial Project
After July 1,2006, the fee schedule shall be as set forth in Section 4.A.
hereof, or such fee schedule as may be in effect due to amendment of
Section 4.A. in accordance with Section 4.C. hereof.
111. The fees required to be paid shall be the fee amounts in effect at the time of
payment.
IV. If all or part of any development project is sold prior to payment of the fee,
the property shall continue to be subject to the requirement for payment of
the fee, accordingly, the fees shall run with the land.
v. Fees shall not be waived.
C. Disposition of Fees. All fees collected hereunder, that are required to be
transferred, shall be transmitted to the Executive Director of WRCOG within thirty days for
deposit, investment, accounting and expenditure in accordance with the provisions of this
Ordinance and the Mitigation Fee Act.
D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions
of the TUMF Administration Plan. Appealable issues shall be application of the fee, application
of credits, application of reimbursement, application of the legal action stay and application of
exemptions.
~
E. Reports to WRCOG. The Director of Community Development, or hislher
designee, shall prepare and deliver to the Executive Director ofWRCOG, periodic reports as will be
established under Section 8 of this ordinance.
Section 7:
Effect of Legal Actions on Non-Residential Projects.
If a legal action, or referendum is filed prior to the effective date of this Ordinance or
during the phase in period of the fee program, and the legal action seeks to set aside, void or
annul the City's approval of a non-residential project, the phasing schedule set forth in Section 6
shall be stayed. The stay shall only remain in effect for a period of 18 months from the time the
legal action was filed, or until a final, non-appealable order is issued by the court or a settlement
agreement is executed, whichever occurs first. Once the stay is no longer in effect, the period
remaining in the phasing schedule shall again commence to run.
Section 8:
Appointment of TUMF Fund Administrator
WRCOG is hereby appointed as the Administrator of the Transportation Uniform
~
AOSIOA R'EM NO.-aL-
PAGE '?- Of 15
--I
. ;-...
Mitigation Fee Program. WRCOG is hereby authorized to receive all fees generated from the
TUMF within the County, and to invest, account for and expend such fees in accordance with the
provisions of this Ordinance and the Mitigation Fee Act. Detailed administrative procedures
concerning the implementation of this ordinance shall be set forth in a resolution adopted by
WRCOG.
WRCOG shall expend only that amount of the funds generated from the TUMF for staff
support, audit, administrative expenses, and contract services that are necessary and reasonable
to carry out its responsibilities and in no case shall the funds expended for salaries and benefits
exceed one percent (1%) of the annual net amount ofrevenue raised by the TUMF.
Section 9:
Severability
If anyone or more of the terms, provisions or sections of this Ordinance shall to any
extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of
competent jurisdiction, then each and all of the remaining terms, provisions and sections of this
Ordinance shall not be affected thereby and shall be valid and enforceable.
Section 10: Effective Date
This Ordinance shall take effe<::t 30 days after the date of adoption.
--J-
PASSED UPON FIRST READING this ~ day of April, 2003, upon the
following vote:
AYES: Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
BRINLEY
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
ABSTAIN: Councilmembers: NONE
PASSED, APPROVED AND ADOPTED this 22nd day of April
the following vote:
, 2003, upon
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
BUCKLEY, KELLEY, SCHIFFNER, BRINLEY
Councilmembers:
NONE
Councilmembers:
;it--..
AGENDA ITEM NO.~
.ACf.-13-o.:-15-
A TIEST:
2Jik~
Vicki Kasad, City erk
City of Lake Elsinore
.......,
'-'
'-'
ACENOA lTEM NO. , , ~ L
'AGE III OF ]<;
)
.~
i
J-
,......
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY
CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the
8th day of April, 2003; and approved upon second reading by title only on the 220d day of
April, 2003, by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
i~INUOUNCILMEMBERS:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
BUCKLEY, KELLEY, SCHIFFNER,
BRINLEY
NONE
HICKMAN
NONE
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1096 of said Council, and that the same has not been amended or repealed.
;zr~7U
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
ACENDA ITEM 1'tU.~
'ACE I ~_Of...J.L
ORDINANCE NO. 1 n4
:".-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING ~ONE
CHANGE (PRE-ZONE) NO. 2004-04 CHANGING THE
ZONING DESIGNATION OF THE PARCELS
SPECIFICALLY DESCRIBED AS APN(s) 349-400-005, 349-
430-011 & 012 AND A PORTION OF 349-430-006 TO R-l
SINGLE FAMILY RESIDENTIAL DISTRICT UNDER THE
ZONING ORDINANCE SUBJECT TO COMPLETION OF
ANNEXATION NO. 71.
WHEREAS, an application, authorized by Jack and Betty Luster and Everada Merritt
(Property owners) and filed by Dave Mello, Centex Home-Inland Empire initiating proceedings
to change the zoning (pre-zoning) designation of the subject parcels known as APN(s) 349-400-
005,349-430-011 & 012 and a portion of 349-430-006 to R-I Single Family Residential District
under the Zoning Ordinance subject to the completion of Annexation No. 71; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on December 7, 2004 made its report upon the desirability of the proposed project and made
its recommendations. in favor of said Zone Change No. 2004-04 by adopting Planning
\ Co~mission Resolution No. 2004-160 recommending to the City Council approval of Zone
I/"""'" Charige No. 2004-04; and
WHEREAS, public notice of said application has been given, and the City Council has
considered evidence presented by the Community Development Department and other interested
parties at a public hearing held with respect to this item on December 14, 2004;
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows:
SECTION 1. The City Council has considered the proposed Zone Change (Pm-Zone)
No. 2004-04, prior to making a decision to approve the proposed amendment to the Land Use
Designation and establish a Zoning Designation. The City Council finds and determines that
Mitigated Negative Declaration No. 2004-09 is adequate and prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA) which analyzes
environmental effects of the proposed project, based upon the following findings and
determinations:
1. Revisions in the project plans or proposals made by or agreed to by the applicant before a
proposed mitigated negative declaration and initial study are released for public review
would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur; and
r--
:>\
AGENDA ITEM NO.
PAGEl OF 4
CITY COUNCIL ORDINANCE NO. 1134
ZONE CHANGE (PRE-ZONE) NO. 2004-04
PAGE 2
"""
The applicant has made revisions to the project or has agreed to specific conditions,
which would avoid the effects or mitigate the effects of the project to a point where no
significant effects would occur.
2. There is no substantial evidence, in the light of the whole record before the agency, that
the project as revised may have significant effect on the environment.
Pursuant to the evidence received in the light of the whole record presented to staff the
project will not have a significant effect on the environment considering the applicable
Conditions of Approval and Mitigation Monitoring Program.
SECTION 2. That in accordance with State Planning and Zoning law and the City of
Lake Elsinore the following findings for the approval of Zone Change (Pre-Zone) No. 2004-04
have been made as follows:
1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or
general welfare of the persons residing or working within the neighborhood of the
proposed amendment or within the City, or b) injurious to the property or improvements
in the neighborhood or within the City.
The proposed Zone Change has been analyzed relative to its potentiality to be -...,;
detrimental to the health, safety, comfort and welfare of the persons residing or working
within the neighborhood of the proposed amendment. The primary issue identified by
staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the
Traffic Analysis, that the Level of Service for the intersections in the Study Area will not
be degraded as a result of this project upon completion of the annexation.
2. The proposed action will be consistent with the Goals, Objectives, and Policies of the
General Plan and the development standards established with the Lake Elsinore
Municipal Code (LEMC).
Based on its analysis, staff has concluded that the requested amendment to the General
Plan Land Use Map and the corresponding Zone Change, allowing the development of
the subject project, upon completion of the annexation is consistent with GOAL 1. 0 of the
General Plan Housing Element, obligating the City to provide "decent housing
opportunities and a satisfying living environment for residents of Lake Elsinore ".
......",
AGENDA ITEM NO. 3 \
PAGE ~ OF~
,.,-...
CITY COUNCIL ORDINANCE NO. 1134
ZONE CHANGE (PRE-ZONE) NO. 2004-04
PAGE 3
SECTION 3 (ZONING RECLASSIFICATION). This Zoning Map of the City of
Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the
following described property, to wit:
ASSESSOR'S PARCEL NUMBERS 349-400-005, 349-430-011 &
012 AND A PORTION OF 349-430-006: TO R-I SINGLE
F AMIL Y RESIDENTIAL DISTRICT UNDER THE ZONING
ORDINANCE UNDER THE ZONING ORDINANCE
Approval is based on the following:
1. The proposed Zoning is consistent with the Goals, Policies, and Objectives in the General Plan.
2. The proposed Zoning is consistent with the General Plan and the various land uses authorized
by the Ordinance are compatible.with the objectives, policies, general land uses, and programs
specified in the Plan. (Government Code Section 65860).
/""" 3. Reasons why the City has considered the effect of Zoning Ordinances on the regional housing
needs in which the City is located and how the City has balanced these needs against the public
service needs of its residents and available fiscal and environmental resources. (Government
Code Section 65863.6).
SECTION 4: This Ordinance shall take effect thirty (30) days after the date of its final
passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance
to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 14TH day of
December, 2004, upon the following roll call vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEEE, SCHIFFNER,
BUCKLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
/"""
AGENDA ITEM NO. 3 \
PAGE 3 OF 4
CITY COUNCIL ORDINANCE NO.
ZONE CHANGE (PRE-ZONE) NO. 2004-04
PAGE 4
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day
of January, 2005, upon the following roll call vote:
'WI'
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Thomas Buckley, Mayor
City of Lake Elsinore
ATTEST:
Vicki Kasad, City Clerk
'WI'
Leibold, City Attorney
Elsinore
'WI'
AQENOA ITEM NO....1l-
PAGE l\ OF...:L-
:~
ORDINANCE NO. 1135
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL
CODE REGARDING WEED AND RUBBISH ABATEMENT
WHEREAS, Chapter 8.32 of the Lake Elsinore Municipal Code establishes the
procedures for weed and rubbish abatement for'the City of Lake Elsinore; and
WHEREAS, it is the purpose and intent ofthe City Council ofthe City of Lake Elsinore
to amend and restate Chapter 8.32 ofthe Lake Elsinore Municipal Code in order to enhance fire
prevention practices and eliminate public nuisances in the City of Lake Elsinore; and
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1:
r"
That Subsection B. of Section 8.32.010 of Chapter 8.32 ofthe Lake Elsinore Municipal
Code is hereby redesignated as Subsection C. of Section 8.32.010.
That Subsection B. of Section 8.32.010 of Chapter 8.3 2 of the Lake Elsinore Municipal
Code is hereby added as follows:
B. "Rubbish, refuse and dirt" includes unused or discarded matter having no
substantial market value, which is exposed to the elements and is not enclosed by any structure
or otherwise consist of such matter as trash, rubble, asphalt, and accumulated dirt from other
sites or for which there is no City approved grading permit.
That Subsection D. of Section 8.32.010 of Chapter 8.32 ofthe Lake Elsinore Municipal
Code is hereby added as follows:
D.
designee.
"Superintendent of Public Works" means the Director 0 f Community Services or
That Subsection C. of Section 8.32.010 of Chapter 8.32 ofthe Lake Elsinore Municipal
Code is hereby redesignated as Subsection E. of Section 8.32.010, and is hereby amended to add
as follows:
6. Any accumulation of dry grasses or other flammable vegetation within fifty (50)
feet of any above ground flammable liquid.
7. Trees, if determined to increase the fire hazard, due to mortality, insect
infestation, disease, or lack of maintenance.
r--
1
AQENOA ITEM NO. 3 A
PAGE \ OF ~
l'S'
SECTION 2: That Section 832.035 is hereby added to Chapter 8.32 ofthe Lake
Elsinore Municipal Code as follows: ..,
8.32.035
Weed Abatement Guidelines
The Superintendent of Public Works shall prepare weed abatement guidelines to assist
property owners in meeting the requirements ofthis chapter. Such guidelines shall be available
to the public at no charge.
SECTION 3: That Section 8.32.040, within the second sentence, the words
"same calendar year" are hereby deleted and such deleted words are replaced as follows:
"within the one year period following adoption of the resolution as provided in this
chapter"
SECTION 4: That Section 8.32.055 is hereby added to Chapter 8.32 of the Lake
Elsinore Municipal Code as follows:
8.32.055
Recurrent Rubbish - Abatement Notice
At the time it adopts the resolution as provided in this chapter, the City Council may also
find and declare that rubbish, refuse and dirt on specified parcels of property are recurrent
nUisances.
omj
I
i
I
;
Such recurrent nuisances shall be abated in accordance with the provisions of this
chapter, provided that upon the second and any subsequent occurrence of such nuisance on the
same parcel or parcels within the same one year period, no further hearings need be held and it
shall be sufficient to mail a postcard notice to the owner of the property as they and their
addresses appear upon the current assessment roll.
The notice shall refer to and describe the property and shall state that rubbish, refuse and
dirt of a recurrent nature are present on the property and that same constitute a public nuisance
which must be abated by removal of such rubbish, refuse and dirt, and that otherwise they will
be removed and the nuisance will be abated by City authorities, in which case the cost of such
removal shall be assessed upon the parcel and lands from which or in front of which such
rubbish, refuse and dirt are removed and that, upon confirmation, such cost will constitute a fine
upon such parcel or lands until paid.
""""
SECTION 4:
SEVERABILITY
If any provision, clause, sentence or paragraph of this ordinance or the application
thereofto any person or circumstance shall be held invalid, such invalidity shall not affect the
other provisions of this Ordinance and are hereby declared to be severable.
SECTION 5:
NOTICE OF ADOPTION
The City Clerk shall certify as to adoption ofthe Ordinance and cause this Ordinance to ~
be published and posted in the manner required by law.
......,
2
3~
AGENDA ITEM NO.
PAGE 'l OF '\ .....
ir"
SECTION 6:
EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after the date of its passage. The City
Clerk shall certify as to adoption ofthe Ordinance and cause this Ordinance to be published and
posted in the manner required by law.
PASSED, UPON FIRST READING this ~ day of December , 2004, by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE, SCHIFFNER
BUCKLEY
NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED this _ day of
following roll call vote:
, 2005, by the
-I
~.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Mayor
ATTEST:
Vicki Kasad, City Clerk
~.
3
3:2-
ACiENOA ITEM NO.
PAGE :) OF ') A_
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
~
TO: MAYOR AND CITY COUNCIL
FROM: DICK W A TENP AUGH, CITY MANAGER
DATE: DECEMBER 28, 2004
SUBJECT: TERM OF OFFICE FOR PUBLIC SAFETY ADVISORY
COMMISSIONERS
BACKGROUND
The City Council amended Ordinance No. 1116 on March 23, 2004 which reestablished
the Public Safety Advisory Commission. The Commission has met for the past seven months
covering various topics of interest regarding public safety.
DISCUSSION
The original draft ordinance introduced at the March 9, 2004 meeting and adopted on March 23,
2004 authorized a term of two years for members of the Commission. The ordinance
contemplated that the Chairman and Vice-Chairman would serve an initial term of one year and
the other three members would serve a full two year term in order to establish a balanced rotation
of members similar to that of the City Council and Planning Commission. The Chairman and
Vice-Chairman positions were to be reappointed in July 2005.
~
During the course of discussion, the amendment was modified to limit the term of the initial
offices of Chairman and Vice-Chairman to December 2004 at which time the Commission was to
select new officers. The underlying terms of the Chairman and Vice Chairman were to run
through July 2005 and the remaining three Commission members' terms were to expire in July
2006. The codified version of the Ordinance inadvertently provided for a shortened term for the
two Commissioners serving as Chairman and Vice Chairman through December 2004 which
would leave the Commission with only three members for a period of six months. This was not
the intent of the City Council.
In addition, the City Council requested during its March 23, 2004 meeting that Ordinance No.
1116 be amended to require the Public Safety Commission to report to the City Council not less
than once quarterly. That change is reflected in Section 2.46.070 E. of the Municipal Code in the
attached Ordinance.
FISCAL IMPACT
None.
RECOMMENDATION
It is staffs recommendation that Ordinance No. \\31 be adopted to reflect the Council's intent
that the terms of the Commissioners initially serving in the capacity of Chairman and Vice-
r'
AQENDA ITEM NO. 3.3
PAGE-L.OF~
'-0"
Chairman run until July 2005, although the rotation of officers of the Commission be scheduled
annually on a calendar year consistent with the rotation of officers on the City Council and
Planning Commission. This would modify Section 2.46.040 and Section 2.46.050 as attached. It
is further recommended that the Mayor and City Council approve Ordinance No. _ by title
only and waive further reading.
"""
MARLENE BEST, ASSISTANT CITY MANAGER
j)j~
CITY MANAGER' -OF IcE
PREPARED BY:
APPROVED FOR
AGENDA BY:
~
'-'"
"""
AQENOA ~TEM NO. '33
PAGE ~ OF ) '1.
ORDINANCE NO.
r'"
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CORRECTING CERTAIN PROVISIONS OF
SECTION 2.46 OF THE LAKE ELSINORE
MUNICIPAL CODE RELATING TO THE PUBLIC
SAFETY ADVISORY COMMISSION.
WHEREAS, the City of Lake Elsinore first established a Public Safety Commission
in 1984; and
WHEREAS, the Public Safety Commission had been inactive since about 1988; and
WHEREAS, on March 23, 2004 the Lake Elsinore City Council adopted Ordinance
No. 1116 revising Section 2.46 of the Lake Elsinore Municipal Code and thereby reactivating
the Public Safety Advisory Commission; and
WHEREAS, the City Council desires to incorporate technical corrections to Section
2.46 to accurately reflect revisions to Ordinance No. 1116 that were made during the Council
discussion on March 23, 2004, but were not fully incorporated into the codified version of
the Ordinance.
NOW, THEREFORE, the Lake Elsinore City Council does hereby amend Section
2.46 of the Lake Elsinore Municipal Code as indicated and set forth in full hereinbeiow:
SECTION 2.46.010 - DEFINITION. "Public Safety" is that which is
related to Police, Fire, Code Enforcement Services and civil disaster
within the City of Lake Elsinore.
,-.,
SECTION 2.46.020 - CREATION OF A PUBLIC SAFETY
ADVISORY COMMISSION. A Public Safety Advisory Commission is
established.
SECTION 2.46.030 - MEMBERSHIP. The Public Safety Advisory
Commission shall consist of five members. Members of the Public Safety
Advisory Commission shall: (1) reside within the City of Lake Elsinore; or
(2) be an owner of a business that is established and currently licensed inside
the City of Lake Elsinore. Members shall be subject to llroutine background
check to be administered by the Police Department.
,,{ Fonnatted: Indent: Left: 0",
SECTION 2.46.040 - APPOINTMENT - REMOVAL. The Members of 'i Hanging: 1"
the Public Safety Advisory Commission shall be appointed by each member
of the City Council and may be removed at his/her pleasure, but subject to the , ,
approval by the majority vote of the City Council. Upon its creation the /,<"
Mayor shall select the Chairman of the Commission.~fJ}l1e_.C\~9]}):1j.fi,~i.9R._______-,/',/
members shall Jh~!5:atl,er ~~I~~~ _t~~ Yic_t?~G~~i_rIl1fln,._ _ I'l1e_ ~!l1~_t?s ()f(~l1a~r~!!~_t:l_ _ _ -,:~ - ,-'
r'"
,
Deleted: . Tbe initial _ . term of
Deleted: Chairman
Deleted: run through December 31,
2004, at which time
Deleted: shall be selected by a
majority vote of the membership of the
. . . Commission.
AQENDA ITEM NO. 33
PAGE~OF-l1-
Page Two - Ordinance No. 1116
and Vice-Chaimlan shall mn through December 3 L 2004, at which time the +-------{~~~_=_!':1~_~':l!:_':..~~.m___~
Chaiml{!I!..i1nd VicJ<.-Chairman shall be selected by.a maiority vote of the
membership of the Commission.
SECTION 2.46.050 - TERM OF OFFICE. The Members of the Public
Safety Advisory Commission shall be appointed for a term of two years,
said two year term shall commence on July 1 of the respective year in
which appointed. Those members of the Public Safety Advisory
Commission serving as of the date of this amendment shall serve until July
r'--'-"~-'-----'--"---"-'-"'_H_''''_''_~
1,2006, except for those ('ommissionersjnitiaJ.lv sefYing in the cap-ucitv 0(_____........ Deleted: e !
Chairman and Vice-Chairman, whose initial termsfhall run until Julv 1.2005. ....,- Deleted: would
All members are subject to potential reappointment-pursuani-io-Section------------.. -- Deleted: December 3), 2004.
2.46.040.
SECTION 2.46.060 - DUTIES AND RESPONSIBILITIES.
A. The Commission shall serve as a conduit of information from the
residents and business people of Lake Elsinore to their Public
Safety, Code Enforcement and Emergency Services Professionals.
B. The Commission shall serve as an additional set of eyes and ears
that shall complement staff's efforts in their attempt to be
proactive.
C. The Commission shall create and maintain a link on the City's web
site encouraging citizens input and providing a complaint or
contact form, which may be submitted, on-line.
D. The Commission shall seek out additional input and maintain a
dialogue with various City organizations including but not limited
to Lake Elsinore Marine Search and Rescue, Neighborhood Watch
Groups, Homeowners' Associations, the Chamber of Commerce
and the Downtown Merchants Association, etc.
.....,
E. The Commission shall report to the City Council on a regular
basis, and all recommendations shall be forwarded to the City Council
for consideration.
F. The Commission shall consider assisting the City Council, City
Manager or other Public Safety Professionals with disaster
preparedness and crisis management.
.....,
AGENDA ITEM NO. 33
PAGE 4 OF.-L2:::
"""
G. The Commission shall consider and evaluate the cost and benefits
of creating a Citizens' Action Patrol.
Page Three - Ordinance No. 1116
H. The Commission shall actively and aggressively seek out funding
programs such as grants to fund Public Safety related programs,
projects and equipment needs for the City of Lake Elsinore.
I. The Commission shall limit its activities to those enumerated
above. However, the Commission may request of the City
Council additional duties and responsibilities (i.e. changes to
Section 2.46 of the LEMC). Such requests may be granted by a
majority vote ofthe City Council.
SECTION 2.46.070 - MEETINGS.
A. The Commission shall be subject to the laws governing public
agencies and a quorum must be present in order to hold a meeting
or take any action.
B. Printed agendas and backup material shall be prepared for each
meeting.
C. Minutes of each meeting shall be prepared and distributed to all
City Council Members and available upon request for public
review at City Hall or on the City's website.
D.
If a Commissioner cannot attend a meeting or is going to be late,
he/she shall contact the City Manager's Office. Failure to be
present at four regularly scheduled meetings in anyone calendar
year may be cause for removal from the Commission by the Mayor
and City Council.
r--
1-----..-.....
E. The Commission shall be authorized to meet as often as twice a
month, but not less than once a quarter. Jl1.c CQ-'llJ..r.1.i1i?ioIUib..illl..r~J2Ql.1
...__..._._t9.Jh~.f~tty..C.9.Jm~iLD.QU~.!>..~JjI_l!1L<!l!f.~_.~l\!i.l..!1~r!y.:.
F. The Chief of Police and the Fire Chief or a member oftheir
respective staffs may attend the regularly scheduled meetings, but
are not voting members of the Commission.
SECTION 2.46.080 - OBLIGATIONS AND EXPENSES. The Public
Safety Advisory Commission shall incur no obligations or expenses of any
kind, without obtaining prior written authorization and approval by the
City Council.
"""
'3 '3>
AGENDA ITEM NO.
PAGE :~ OF ~
Page Four- Ordinance No. 1116
....",
SECTION 2.46.090 - TERMINATION. The Commission may be
terminated at any time by a simple majority vote of the City Council.
EFFECTIVE DATE: This Ordinance shall take effect thirty (30) days after
the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and
cause this Ordinance to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 28th
day of December, 2004, by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
PASSED, APPROVED AND ADOPTED UPON SECOND READING
this day of January, 2005, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
....,
ABSTAIN :
COUNCILMEMBERS:
....,
AQENOA ITEM NO. 3 J
PAGE~ OF..l1:...
'"
,.-....
",-..
Page Five - Ordinance No. 1116
ROBERT MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
APPROVED AS TO LEGAL FORM:
BARBARA LEIBOLD, CITY ATTORNEY
CITY OF LAKE ELSINORE
AGENDA ITEM NO. .J 3
PAGEloF~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CORRECTING CERTAIN P,ROVISIONS OF
SECTION 2.46 OF THE LAKE ELSINORE
MUNICIPAL CODE RELATING TO THE PUBLIC
SAFETY ADVISORY COMMISSION.
......,
WHEREAS, the City of Lake Elsinore first established a Public Safety Commission in
1984; and
WHEREAS, the Public Safety Commission had been inactive since about 1988; and
WHEREAS, on March 23, 2004 the Lake Elsinore City Council adopted Ordinance No.
1116 revising Section 2.46 of the Lake Elsinore Municipal Code and thereby reactivating the
Public Safety Advisory Commission; and
WHEREAS, the City Council desires to incorporate technical corrections to Section 2.46
to accurately reflect revisions to Ordinance No. 1116 that were made during the Council
discussion on March 23,2004, but were not fully incorporated into the codified version of the
Ordinance.
NOW, THEREFORE, the Lake Elsinore City Council does hereby amend Section 2.46
of the Lake Elsinore Municipal Code as indicated and set forth in full hereinbelow:
'--"
SECTION 2.46.010 - DEFINITION. "Public Safety" is that which is
related to Police, Fire, Code Enforcement Services and civil disaster
within the City of Lake Elsinore.
SECTION 2.46.020 - CREATION OF A PUBLIC SAFETY
ADVISORY COMMISSION. A Public Safety Advisory Commission is
established.
SECTION 2.46.030 - MEMBERSHIP. The Public Safety Advisory
Commission shall consist of five members. Members of the Public Safety
Advisory Commission shall: (1) reside within the City of Lake Elsinore; or
(2) be an owner of a business that is established and currently licensed inside
the City of Lake Elsinore. Members shall be subject to a routine background
check to be administered by the Police Department.
SECTION 2.46.040 - APPOINTMENT - REMOVAL. The Members ofthe
Public Safety Advisory Commission shall be appointed by each member of the
City Council and may be removed at his/her pleasure, but subject to the approval
by the majority vote of the City Council. Upon its creation the Mayor shall select ~
the Chairman of the Commission and the Commission members shall thereafter
select the Vice-Chairman. The offices of Chairman
'--"
AQENOA ITEM NO. J 3
PAGELOF~
".......
Page Two - Ordinance No.
and Vice-Chairman shall run through December 31, 2004, at which time the
Chairman and Vice-Chairman shall be selected by a majority vote of the
membership of the Commission.
SECTION 2.46.050 - TERM OF OFFICE. The Members of the Public
Safety Advisory Commission shall be appointed for a term of two years,
said two year term shall commence on July 1 of the respective year in
which appointed. Those members of the Public Safety Advisory
Commission serving as of the date of this amendment shall serve until July
1, 2006, except for those Commissioners initially serving in the capacity of
Chairman and Vice-Chairman, whose initial terms shall run until July 1, 2005.
All members are subject to potential reappointment pursuant to Section
2.46.040.
SECTION 2.46.060 - DUTIES AND RESPONSIBILITIES.
A. The Commission shall serve as a conduit of information from the
residents and business people of Lake Elsinore to their Public Safety, Code Enforcement
and Emergency Services Professionals.
".-....
B. The Commission shall serve as an additional set of eyes and ears
that shall complement staff's efforts in their attempt to be
proactive.
C. The Commission shall create and maintain a link on the City's web
site encouraging citizens input and providing a complaint or contact form, which may be
submitted, on-line.
D. The Commission shall seek out additional input and maintain a
dialogue with various City organizations including but not limited to Lake Elsinore
Marine Search and Rescue, Neighborhood Watch Groups, Homeowners' Associations,
the Chamber of Commerce and the Downtown Merchants Association, etc.
E. The Commission shall report to the City Council on a regular
basis, and all recommendations shall be forwarded to the City Council for consideration.
F. The Commission shall consider assisting the City Council, City
Manager or other Public Safety Professionals with disaster preparedness and crisis
management.
G. The Commission shall consider and evaluate the cost and benefits
of creating a Citizens' Action Patrol.
".......
AeENDA ITEM NO. ']"3
" PAGE q OF~
Page Three - Ordinance No.
~
H. The Commission shall actively and aggressively see,k out funding
programs such as grants to fund Public Safety related programs, projects and equipment
needs for the City of Lake Elsinore.
1. The Commission shall limit its activities to those enumerated
above. However, the Commission may request of the City Council additional duties and
responsibilities (i.e. changes to Section 2.46 of the LEMC). Such requests may be
granted by a majority vote of the City Council.
SECTION 2.46.070 - MEETINGS.
A. The Commission shall be subject to the laws governing public
agencies and a quorum must be present in order to hold a meeting or take any action.
B.
meeting.
Printed agendas and backup material shall be prepared for each
C. Minutes of each meeting shall be prepared and distributed to all
City Council Members and available upon request for public review at City Hall or on the
City's website.
D. If a Commissioner cannot attend a meeting or is going to be late,
he/she shall contact the City Manager's Office. Failure to be present at four regularly
scheduled meetings in anyone calendar year may be cause for removal from the
Commission by the Mayor and City Council.
'-"
E. The Commission shall be authorized to meet as often as twice a
month, but not less than once a quarter. The Commission shall report to the City Council
not less than once quarterly.
F. The Chief of Police and the Fire Chief or a member oftheir
respective staffs may attend the regularly scheduled meetings, but are not voting
members of the Commission.
SECTION 2.46.080 - OBLIGATIONS AND EXPENSES. The Public
Safety Advisory Commission shall incur no obligations or expenses of any kind, without
obtaining prior written authorization and approval by the City Council.
]3
A8ENDA ITEM NO.~
PAGEl..O-OF ?--
'-"
Page Four - Ordinance No.
"'"
SECTION 2.46.090 - TERMINATION. The CommissiQn may be terminated
at any time by a simple majority vote of the City Council.
EFFECTIVE DATE: This Ordinance shall take effect thirty (30) days after the
date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 28th day of
December, 2004, by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
,,-.. _ day of January, 2005, by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
ROBERT MAGEE, MAYOR
CITY OF LAKE ELSINORE
~
ATTEST:
AQENDA ITEM NO. 33
PAGEJ.LOF J 2..
Page Five - Ordinance No.
...,
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
APPROVED AS TO LEGAL FORM:
BARBARA LEIBOLD, CITY ATTORNEY
CITY OF LAKE ELSINORE
...,
......"
33
AaENDA ITEM NO.
PAGE..l2:. OF .-12:....
".-.
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
DICK W A TENP AUGH, CITY MANAGER
DATE:
DECEMBER 28, 2004
SUBJECT: ANNUAL FINANCIAL REPORTS
BACKGROUND
The City's auditors completed their audit field work on September 23, 2004 for the
fiscal year ending June 30, 2004. The audit reports include the City and its
component units. The following annual reports are being presented:
",......
. Comprehensive Annual Financial Report (CAFR)
. Lake Elsinore Redevelopment Agency Financial Statements
. Lake Elsinore Public Financing Authority Financial Statements
. Lake Elsinore Recreation Authority Financial Statements
. Independent Accountant's Report on Agreed-upon Procedures Applied to
Appropriations Limit Worksheets
. Report on Internal Controls,
DISCUSSION
Comprehensive Annual Financial Report (CAFR)
Please see the Management's Discussion and Analysis section on pages 3 to 12 for
an overview of the financial activities.
Lake Elsinore Redevelopment Agency Financial Statements
The major highlights of the report are as follows:
. The RDA made all debt service payments
. All bond reserve requirements are fully funded
. Tax increment revenue (property tax revenue for the RDA) increased from
".-.
AGENDA ITEM NO. 3 Lf .
PAGE \ OF .3
Annual Financial Reports
December 28, 2004
Page 2 of3
.~
the prior fiscal year by $717,433, $585,238, $116,101 in project areas I, II,
and III, respectively. Increases represent an increase of 23%, 15%, 17% in
project areas I, II, and III, respectively.
. The tax increment recorded in project area I was reduced $1,514,949 and
deferred as a result of the $3,000,000 "Cap" on tax increment.
. The low and moderate housing fund revenue decreased by $15,019, or -1%
as a result of the Cap.
. The low and moderate housing fund fund balance increased by $675,714.
. Fund balance increased (decreased) from the prior fiscal year by $(316,271),
$664,427, $(89,552) in project areas I, II, and III, respectively.
Lake Elsinore Public Financing Authority Financial Statements
The purpose of the Authority is to provide financing for public capital
improvements for the City and the Agency, the acquisition by the Authority of ~
such public capital improvements and/or the purchase by the Authority of local
obligations within the meaning of the Bond Law under the Marks-Roos Bond Pool
Act of 1985.
During the fiscal year, all regular debt service scheduled paYments were
adequately funded and paid. Interest expense increased by $991,884, or 15%.
Principal paYments increased by $560,000, or 38% and interest income increased
by $687,294, or 11 %. The reserve requirements are fully funded as of June 30,
2004.
Lake Elsinore Recreation Authority Financial Statements
The purpose of the Recreation Authority is to provide, through the issuance of
revenue bonds, a financing pool to fund capital improvement projects.
Specifically, the Recreation Authority has one variable rate bond issue outstanding
of$15,660,000. The proceeds were provided to finance the Recreation Authority's
lease of the Stadium from the City for lease back to the City. The City makes lease ~,
paYments to the Recreation Authority in amounts equal to the debt service
requirements and the Recreation Authority then makes the debt service paYments '"-'"
AGENDA ITEM NO....1L.
PAGE ;).. OF J .
",.......
Annual Financial Reports
December 28, 2004
Page 3 of3
on the bonds. The first principal payment is not due until fiscal year 2004/2005
and interest only payment are paid monthly. The variable rate has been favorable
for the past year. Total interest expense of $150,616 was paid during the fiscal
year, which is an average rate of 0.96%. This is a decrease of $35,972, or 19%
from the prior year.
Independent Accountant's Report on Agreed-upon Procedures Applied to
Appropriations Limit W orksbeets
The auditors performed agreed upon procedures to ensure that the City's
appropriation limit calculations were correctly calculated and adopted in
accordance with Article XIIIB of the California Constitution and adopted by City
Council. No exceptions were noted.
~
Report on Internal Controls
No exceptions were noted.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
It is recommended that City Council receive and file these reports and the Agency
Board receive and file the RDA financial statements.
PREPARED BY:
r'-
APPROVED FOR
AGENDA LISTING:
;/khJ t~
Dick Walenpa~*ty M ' -ager
AQENDA ITEM NO. 34
".. PAGE...3.- OF 3
//
,.....
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY
TO:
HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL AND
REDEVELOPMENT AGENCY.
FROM:
RICHARD J. WATENPAUGH, CITY MANAGER.
DATE:
CITY COUNCIL MEETING OF DECEMBER 28, 2004.
SUBJECT: COMMERCIAL DESIGN REVIEW NO.2004-07 FOR "MISSION TRAIL MEDICAL ..
PLAZA", APN 363-172-016.
\
APPLICANT
J. Trevor Sudweeks
Sudweeks Development, LLC.
31570 Railroad Canyon Road
Suite 205
Canyon Lake, CA 92587
REQUEST
,,-.. The applicant is requesting Design Review consideration for the design and construction of a medical
office complex and associated improvements located @ 31182 Mission Trail. Review is pursuant to
Chapter 17.38 (Non-Residential Development Standards), Chapter 17.44 (C-l/Neighborhood
Commercial District), Chapter 17.66 (Parking Requirements) and Chapter 17.82 (Design Review) of
the Lake Elsinore Municipal Code (LEMC).
PROJECT DESCRIPTION
The applicant is requesting the approval to allow for the design and development of a medical office
complex consisting of four (4) detached 2-story medical office buildings totaling 26, 150 square feet and
associated improvements. The complex will consist of two (2) buildings identified as Building Type
"A" and two (2) buildings identified as Building Type "B". Building(s) "A" will be 7,992 square feet
and Building(s) "B" will be 5,083 square feet.
BACKGROUND
At their regular meeting of December 7,2004, the Planning Commission adopted Resolution No. 2004-
163, recommending City Council approval ofa Commercial Design Review No.2004-07.
DISCUSSION
,.....
Essentially, the Planning Commission had no items of discussion and unanimously supported the,
project, recommending that the City Council approve Commercial Design Review No. 2004-07.
P:\C2004-07 Mission Trail Medical Plaza\CC StaffReport.doc
AQENDA ITEM NO, 35
PAGE-L-OF '3c:'
REPORT TO THE CITY COUNCIL AND REDEVELOPMENT AGENCY
DECEMBER 28, 2004
PAGE 2
SUBJECT: COMMERCIAL DESIGN REVIEW C 2004-07 FOR MISSION TRAIL MEDICAL
PLAZA
ENVIRONMENTAL
...."
Pursuant to the California Environmental Quality Act (CEQA) this project has been deemed exempt
pursuant to Section 15332 (In-Fill Development Projects). Staff has detennined that the proposed
project will not have a significant effect on the environment and shan therefore be exempt from the
provisions of CEQA. No additional environmental clearance is necessary.
RECOMMENDATION
It is recommended that the City Council approve the Commercial Design Review C 2004-07 for the
design and development of a medical office complex consisting of four (4) detached 2-story medical
office buildings totaling 26,150 square feet and associated improvements located at 31182 Mission
Trail, Assessor Parcel No. 363-172-016, based on the applicable Findings, Exhibits and the attached
Conditions of Approval.
The subject site is located within Redevelopment Project Area No.3 Parcel No.9. Consequently, it is
also recommended that the Redevelopment Agency conc~r with the Council's action.
PREPARED BY:
i~ndanz, Senior Planner
Armando G.
......,
REVIEWED BY:
REVIEWED BY:
R ert A. Brady, Communit evelopment Department
APPROVED FOR ;/J.;JlJ;J~
AGENDA LISTING: .
City Manager's Office
ATTACHMENTS
1. December 7, 2004 Planning Commission Minutes.
2. December 7, 2004 Planning Commission Staff Report, Resolutions and Conditions of
Approval.
3. Exhibits.
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P:\C2004-07 Mission Trail Medical Plaza\CC StaffReport.doc
AGENDA ITEM NO. 3~
PAGE ~ OF~
PAGE 6 - PLANNING COMMISSION MINlTfES - December 7,2004
,,-...
ed for the
other CUP. He
er for a tattoo.
. an LaPere indicated that a tattoo studio was an honorable business and
proce hich required the applicant to return to the Planning Commissi
thanked . for his patience. Mr. Martin invited Chainnan
There being no further
6:48 pm. '
aPere closed the Public Hearing at
O'NEAL AND PASSED BY A
OLUTION NO. 2004-162, A
PLANNING CO N OF THE CITY OF LAKE
ORNIA, APPROVING CONDI L USE PERMIT NO.
E OPERATION OF A TATTOO STUDIO 1089 RIVERSIDE
APN 379-224-015).
BUSINESS ITEMS
4. Commercial Design Review No. 2004-07 for the Mission Trail Medical Plaza.
Community Development Director Brady provided a brief overview of the project and invited
Senior Planner Preisendanz to review the project to the Commission.
,--...
Senior Planner Preisendanz provided an overview of the project and the location. He noted that the
project was considered infill which would make it exempt from CEQA
J. Trevor Sudweeks, 31570 Railroad Canyon Rd., Canyon Lake, stated that he understood and
agreed with the conditions of approval.
Commissioner ONeal indicated his support for the project.
Commissioner Ryan indicated his support of the project and stated that it would dress up the area.
Commissioner Larimer indicated that she had no major or minor problem with the project.
Commissioner Uhhy indicated that he was glad to see that property developed He noted his
support for the architecture.
Chairman LaPere complimented the applicant on the work as it related to the design.
MOVED BY O'NEAL, SECONDED BY RYAN AND PASSED BY A
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-163, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
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Agenda Item No
Page_ of
AQENOA ITEM NO. 3~
" PAGEl OF 3 ~
PAGE 7 - PLANNING COMMISSION MINUfES - December 7, 2004
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN
REVIEW NO. 2004-07 TO ALLOW FOR THE DESIGN AND DEVELOPMENT
OF A MEDICAL OFFICE COMPLEX KNOWN AS MISSION TRAIL MEDICAL
PLAZA LOCATED ON 1.81 ACRES ASSESSOR PARCEL NUMBER(S) 363-172-
016.
"""""
Comm .ty Development Director Brady provided a brief overview of the p
Senior PI er Morita to review the project to the Commission.
and
Residential Pro.ect No. 2004-13 Minor Desi n Review of Model Ho
Production Units For Vesting Tract Map No. 28214-1 (Alberhill Ranch)
Senior Planne
provided backgr;
project layout and
orita provided an overview of the project and the loc n of the project. He
d of the Alberhill Ranch specific plan. He pro ed an orientation of the
verview of the design.
Ken Benson, Castle & ke, 17600 Collier Ave. #C-120, th ed staff for their hard work. He
indicated that he had no iss with the design. He indicated at the conceptual landscape plans for
the model home complex inc e option to remove the pool from the
model home complex.
Commissioner ONeal indicated tha
intrigued with the idea; however, he
flexibility concerning the pool in the mo
"""""
Mr. Benson requested clarification for c t no. 24 on page 13 of 20, the bonding requirements
and whether it related to front yard I caping, roduction homes, or common areas
at the purpose of the condition was to ensure
only.
Mr. Benson requested cla . cation as to condition no. 33
ordinance. He indicat that many construction sites were
Morita noted that i as a standard condition of approval.
enforcement of t oise ordinance in the City.
page 14 of 20 pertaining to the noise
rking on Saturday. Senior Planner
re was discussion regarding the
, Lakeshore and Mountain, Lake Elsinore, requested info
A in Elsinore Terrace.
sioner Uw.ry addressed page 15 of 20, condition no. 50 and suggeste liminating the
tion. Engineering Manager Seumalo concurred. He further questioned "2" St., n which the
Agenda Item No
Page_ of
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AaENDA ITEM NO. 35
"'-" PAGE L\ OF 3 (p
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PLANNING COMMISSION
STAFF REPORT
City of Lake Elsinore
Planning Di.vis ion
130 S. Mail Street
lake Elsilor<, CA 92530
(909) 674.3124
(909) 471.1419 fax
I I
DATE:
Tuesday, December 7,2004
TO:
Chairman and Members of the Planning Commission
FROM:
Robert A. Brady, Community Development Director
PREPARED BY:
Rolfe Preisendanz, Senior Planner
PROJECT TITLE:
Commercial Design Review No. 2004-07 for the Mission Trail
Medical Plaza.
APPLICANT(S):
J. Trevor Sudweeks, Sudweeks Development, LLC., 31570 Railroad
Canyon Road, Suite 205, Canyon Lake, CA 92587
"..-.
PROJECT REQUESTS
Commercial Design Review No. 2004-07. The applicant is requesting Design Review
consideration for the design and construction of a medical office complex and associated
improvements located @ 31182 Mission Trail. Review is pursuant to Chapter 17.38 (Non-
Residential Development Standards), Chapter 17.44 (C-t/Neighborhood Commercial
District), Chapter 17.66 (Parking Requirements) and Chapter 17.82 (Design Review) of the
Lake Elsinore Municipal Code (LEMC).
BACKGROUND
The proposed project was submitted to the City on June 17,2004. On August 2, 2004 the project
submittal package was deemed complete. Subsequently, staff provided design comments to the
applicant on August 20, 2004. Ensuing the project was scheduled for the December 7, 2004
Planning Commission Meeting.
PROJECT LOCATION
The proposed project is located on the east side of Mission Trail, west of Casino Drive and south of
the Casino and Diamond Drive intersection, Assessor Parcel Number (APN) 363-172-016.
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AGENDA ITEM NO. 35"
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PLANNING COMMISSION STAFF REPORT
DECEMBER 7, 2004
Page 2 of 7
.....,
PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2004-07 FOR THE
MISSION TRAIL MEDICAL PLAZA.
ENVIRONMENTAL SETTING
South
Commercial Shopping
Center
Commercial Shopping
Center
Professional Office
Building
C-l
Neighborhood
C-l
Neighborhood
East lake Specific
Plan
C-2
General
Commercial
East lake Specific
Plan
East
West
Commercial Shopping
Center
PROJECT DESCRIPTION
COMMERCIAL DESIGN REVIEW NO. 2004-07.
General Commercial
East lake Specific Plan
General Commercial
East lake Specific Plan
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The applicant is requesting the approval of a Commercial Design Review to allow for the design and
development of a medical office complex consisting of four (4) detached 2-story medical office
buildings totaling 26,150 square feet. The complex will consist of two (2) buildings identified as
Building Type "A" and two (2) buildings identified as Building Type "B". Building(s) "A" will be
7,992 square feet and Building(s) "B" will be 5,083 square feet. The review of this project is
pursuant to Chapter 17.38 (Non-Residential Development Standards), Chapter 17.44 (C-1,
Neighborhood Commercial District), Chapter 17.66 (Parking Requirements) and Chapter
17.82 (Design Review) of the LEMC. Ultimately, staff recognized that following elements of
design review required description and analysis:
. SiY!Jg
. Cirr:ukttion and Parking Sf)aa? Layout
. Landscaping
. A rchitfrtUre
. OJIor and Materials
Siting
The proposed 1.81 acre vacant site is bounded on the west by Mission Trail and on the east by
Casino Drive. The site will be made accessible via one (1) driveway located centrally along Mission
P:\C2004-07 Mission Trail Medical Plaza\PC Staff Report.doc
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AQENDA ITEM NO. J ~
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PLANNING COMMISSION STAFF REPORT
DECEMBER 7,2004
,..... Page 3 of 7
PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2004-07 FOR THE
MISSION TRAIL MEDICAL PLAZA.
Trail. Considering the orientation and rectangular shape of the lot, the buildings which are
perpendicularly oriented towards Mission Trail have been located along the southerly and northerly
property line(s). Further, each building has been strategically designed with a main entrance at the
hean of the building. The entrances to the building have been oriented to the internal circulation of
the site and will provide observable attraction to the main entrances. Parking for the complex has
been strategically designed around the four (4) buildings and will provide convenient access for
patrons. A handicap path of travel has been thoughtfully incorporated into the pedestrian
circulation of the complex pursuant to the Building Code requirements. A fifteen foot (15')
landscape area is being proposed along Mission Trail which has been designed with various shrubs
and trees for adequate screening. The total footprint of all buildings is 13, 252 square feet or
seventeen percent (17%) of the site.
Generally, the entire site is fifteen feet (15') to eighteen feet (18') below the elevation of Casino
Drive and generally undulates towards Mission Trail. Considering the elevation disparity linking the
site to Casino Drive, no driveway access has been allowed or proposed. In response, the Fire
Department, in cooperation with the applicant, provided a "hammerhead turn around" at the
easterly ponion of the site to allow for emergency vehicle circulation.
,.-.
Cirmlatim and Parking Spaa? Layout
Through circulation to the medical complex will be made available by the way of one (1) thirty foot
(30') access driveway approach off of Mission Trail. Mission Trail, as currently developed, would
allow for full turn movements. Generally, vehicular access will be provided through the core of the
complex towards the rear, with various parking areas being provided around and near the main
entrances of each building. Colored decorative stamped concrete has been incorporated into the
entry of the site and at the core of the complex providing a mechanism for "vehicle calming" as well
as contributing to the aesthetic quality of. the project. Parking for the site has been provided
pursuant to Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC).
Considering the total square footage of the buildings proposed, 105 parking spaces are required. In
response, the applicant has provided 106 parking spaces. Parking spaces will be designed at 90-
degree angles, with twenty six foot (26') two-way drive isles. The typical parking space dimension
for the parking spaces will be nine (9) feet by eighteen feet (18'). All parking spaces will be double
stripped as required by the LEMC. Handicap parking spaces will be provided pursuant to applicable
building codes. No compact spaces are being proposed for this project.
Landscapmg
The applicant is proposing to develop the 1.81 acre with 18,245 square feet of landscaping or
twenty-three percent (23%) of the site. Funher the applicant will provide a minimum fifteen foot
(15') landscape buffer along Mission Trail and Casino Drive. Planter islands have been provided
throughout the project's parking area, allowing for one (1) 24" box shade tree every ten- (10) spaces. .
The buildings will generally be situated on a landscaped "islands", consisting of assoned ground .
,..... cover, shrubs and trees, softening the impact of the buildings. 24" box "Street Theme" trees, such
as London Plane Trees will be planted along Mission Trail and Casino Drive.
P:\C2004-07 Mission Trail Medical Plaza \PC Staff Repon.doc
AQENOA ITEM NO. 3S-
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PlANNING COMMISSION STAFF REPORT
DECEMBER 7, 2004
Page 4 of 7
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PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2004-07 FOR THE
MISSION TRAIL MEDICAL PlAZA.
A rchita:ture
The architectural style of the shopping center can as a general rule be classified a contemporaty
Mediterranean design. All the buildings within the complex have been architecturally designed to
incorporate common and distinct elements that can be found throughout the plaza, providing a
sense of continuity and identification.
On the whole, the buildings will be wood framed treated with light laced stucco. Further the
architectural design of the buildings has been enhanced with appealing entry features and
coordinated roofed architectural features finished at the base with decorative planter boxes. The
primary entry feature to each building will be entirely treated with "Carolina Ledge stone".
Additionally, the applicant has also chosen to provide a wainscot along the base of the buildings
treated with the same ledge sto!le. To create additional shadows and textures the applicant has also
incorporated a pre-cast light weight concrete banding through the center of the buildings.
Cokn- and materids
The applicant is proposing a medical complex, which will have common architectural elements and
colors and materials throughout. The following is a compilation of the colors and materials
proposed for the Shopping Center:
......,
MAIN BUILDING AREA
MAIN EN1RY TREA 1MENT
WAlNCOT
ROOF
DECORATIVE TREA1MENTS
STUCCO LACE
"CAROLINA" LEDGESTONE
"CAROLINA" LEDGESTONE
MONIER CONCRETE TILE
PRE-CAST LIGHIWEIGl-IT
CONCRETE
ANALYSIS
COMMERCIAL DESIGN REVIEW NO. 2004-07.
Siting
The proposed site plan meets or exceeds the requirements of Chapter 17.38 (Non-Residential
Development Standards) of the Lake Elsinore Municipal Code (LEMC), Chapter 17.44 (C-l,
Neighborhood Commercial District) of the LEMC and Chapter 17.66 (Parking Requirements)
of the LEMC. Pursuant to and in compliance with Chapter 17.38 (Non-Residential Development
Standards) of the LEMC, which encourages that all buildings should be designed to enhance their
surroundings and should incorporate a variety of building design and form, the applicant has "
sufficiently introduced a variety of architectural elements which will enhance the surrounding area
and create a visually appealing medical complex. Additionally, the applicant has exceeded the
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P:\C2oo4-07 Mission Trail Medical Plaza \PC Staff Report.doc
AQENOA ITEM NO. 35'
PAGE &' OF 3~
PLANNING COMMISSION STAFF REPORT
DECEMBER 7,2004
,-.. Page 5 of 7
PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2004-07 FOR THE
MISSION TRAIL MEDICAL PLAZA.
requirement contained in Chapter 17.44 (C-l, Neighborhood Commercial District) of the
LEMC, in that the applicant is proposing 23% landscape coverage instead of the allowed 10%
coverage.
Cirrulatim and Parking Space Layout
The circulation and parking space layout meets the requirements set forth in Chapter 17.66
(Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) which states:
A II parking shal1lx desi?Jlld to provide crmjiete and through circulation ukrew- fXJssible. In any case,
adequate turning radii and turnarounds shall Ix provided for ~ uJides and trash and deliwy
trucks.
Subsequently, the applicant has provided sufficient truck circulation for both delivery and
emergency vehicles as shown on the Site Plan/Roof Plan. Additionally, the applicant has also met
the requirements in Chapter 17.66 in that the applicant has provided a twenty foot (20') landscape
planter along all public right-of-ways. All parking has been designed to provide complete and
thorough circulation. The applicant has provided 26'-0" two-way drive isles throughout the site
which exceeds the required 20'-0" requirement. Staff has also determined that the circulation layout
will present adequate turning radii and turnarounds for emergency, trash and delivery vehicles. No
/"""'. <<compact spaces" are being proposed as a part of this application.
A rchilH:ture
The architectural design of the proposed buildings meets the requirements set fonh within Chapter
17.38 (Non-Residential Development Standards) of the LEMC in that the architecture of the
buildings has been designed to enhance their immediate surroundings. Additionally the applicant
has provided a variety of building design, materials and form such as staggering planes and textures
along the exterior walls, which will create light and shadow.
Color and Materids
The color and materials proposed for this project meets the requirements set forth within Chapter
17.38 (Non-Residential Development Standards) of the LEMC in that the colors and materials
proposed will create a sensitive alteration of colors and materials, producing diversity and enhancing
the architectural effects.
ENVIRONMENTAL
Pursuant to the California Environmental Quality Act (CEQA) this project has been deemed
exempt pursuant to Section 15332 (In-Fill Development Projects). Staff has detennined that the
proposed project will not have a significant effect on the environment and shall therefore be exempt
from the provisions of CEQA. No additional environmental clearance is necessary.
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AGENDA ITEM NO. ]5
PAGE-3- OF 3 Cp
PlANNING COMMISSION STAFF REPORT
DECEMBER 7, 2004
Page 6 of 7
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PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2004-07 FOR THE
MISSION TRAIL MEDICAL PlAZA.
RECOMMENDATIONS
It is recommended that the Planning Commission; adopt Resolution No. 2004-_ recommending
to the City Council approval of Commercial Design Review 2004-07 based the following Findings,
Attachments and the proposed Conditions of Approval.
FINDINGS - DESIGN REVIEW
1. The project, as approved, will comply with the goals and objectives of the General Plan and
the Zoning District in which the project is located.
The praJXJSed Cannrrr:ial Design Review Ia:ated within Assessor Parad Numlx:r 363-172-016 ar11flies
m1h the gpals and objectiu:s of the General Plan, in that the flpprrm:d of this medical offU:e canjiex will
assist in cuhieving the deuJopnmt of a 'lfX1l-balmzad and JUnaianal mix of residential, aTJ1I1'X!Tfial,
industrial, 0fXYl space, recrnJ,tiona! and institutional hnd uses, diw-sifying Lake Elsinores ~ base.
2. The project complies with the design directives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
The projXJsa1 Cannrrr:ial Design Review Ia:ated at Assessor Parcel Numlx:r 363-172-016 is appropriate
tlJ the site and surrounding riel:eIopoous in that the medical ojJUE canjiex knmm as the "MissUn Trail
Medical Plaza>> has been design<<! in coosideration of the size and shaPJ of the proJrrty, thereby awing '-""
interest and unying vistas as a person 117fJU?S aImg the strret. Further. the proja:t as projXJsed will ccmp/urmt
the quality of existing deuJopnmt and will create a visually pleasing, nm-detractiu! relationship betumz the
projXJsa1 and existing projects in that the arrhitirtUral design, color and materials and site design praJXJSed
evideJue a W1ffi11, for quality and originality.
3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to
result in any significant adverse environmental impacts.
Pursuant tlJ the CalijornUJ, Envirrnm:ntd Q!ia/ity Act (CEQA), the praJXJSed Cannrrr:ial Design Review
Ia:ated at Assessor Parad Numlx:r 363-172-016, as revielm1 and mulitiaud by aU applimble Oty
Divisim.s and Depart:mmts and Agmcies, will not hare a sif!!lificant effea on the emirrnrmt pursuant tlJ
attached Cmditims of Apprrm:d.
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including
guarantees and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in accordance with
the objectives of Chapter 17.82.
Pursuant tlJ Sectim 17.82.070 (Action of the Planning Comnission) of the Lake Elsinore MunUipal Ccxie
(LEMC), the projXJw Ccmrrercial Design Review Ia:ated at Assessor Parrel Numlx:r 363-172-0 16has
lw7. sdxxIukd for consideration and apprrm:d of the Planning Ommission.
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AGENDA ITEM NO. 3 5:
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PLANNING COMMISSION STAFF REPORT
DECEMBER 7,2004
,....... Page 7 of 7
PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2004-07 FOR THE
MISSION TRAIL MEDICAL PLAZA.
REVIEWED BY:
PREPARED BY:
APPROVED BY:
ATfACHMENTS
"
1. PlANNING COMMISSION RESOLUfIONS
2. CONDITIONS OF APPROVAL
3. EXHIBITS
. REDUCTIONS (8 1f2 x 11)
Exhibit A Site Plan/Roof Plan (Sheet A-1.t)
Exhibit B Building A Lower Floor Plan (Sheet A-2.t)
Exhibit C Building A Upper Floor Plan (Sheet A-2.2)
Exhibit D Building B Lower Floor Plan (Sheet A-2.3)
Exhibit E Building A Upper Floor Plan (Sheet A-2.4)
Exhibit F Elevations Building A (Sheet A-S.t)
Exhibit G Elevations Building A (Sheet A-S.2)
Exhibit H Elevations Building B (Sheet A-S.3)
Exhibit I Elevations Building B (Sheet A-SA)
Exhibit J Preliminary Planting Plan
FULL SIZE EXHIBITS
4.
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AGENDA ITEM NO. -:3 5"
PAGE \ \ OF :3 ~ l
RESOLUTION NO. 2004-163
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVAL OF
COMMERCIAL DESIGN REVIEW NO. 2004-07 TO
ALLOW FOR THE DESIGN AND DEVELOPMENT OF A
MEDICAL OFFICE COMPLEX KNOWN AS MISSION
TRAIL MEDICAL PLAZA LOCATED ON 1.81 ACRES
ASSESSOR PARCEL NUMBER(S) 363-172-016.
...,.
WHEREAS, J. Trevor Sudweeks, Sudweeks Development, has initiated proceedings to
allow for the design and development of medical office complex located on 1.81 acres, Assessor
Parcel No.(s) 363-172-016; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated
with the responsibility of making recommendations to the City Council for Design ReVIews; and
WHEREAS, public notice of said application has been given, and the Planning
Commission has considered evidence presented by the Community Development Department
and other interested parties at a public hearing held with respect to this item on December 7,
2004;
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows: .
...,.
SECTION 1. The Planning Commission has considered proposed Commercial Design
Review No. 2004-07 prior to making a decision to recommend that the City Council approve the
proposed Design Review. The Planning Commission finds and determines that this project is
consistent with the Lake Elsinore Municipal Code and that no further enviromriental review is
necessary pursuant to the California Environmental Quality Act (CEQA), Section 15332 (In-Fill
Development Projects), based upon the following findings and determinations:
SECTION 2. That in accordance with State Planning and Zoning law and the City of
Lake Elsinore the following findings for the approval of Commercial Design Review No. 2004-
07 have been made as follows:
L The project, as approved, will comply with the goals and objectives of the General Plan and
the Zoning District in which the project is located.
The profXJsed Grrtmzrriallliigp Review kx:ated within Assessor Parud Nt.IJ71b?r 363-172-016 crm[lies
W1h the goals and objeaizRs of the General PI4n, in that the afJ/lYUWl of this maIicaJ. office CCJ11{iex will
assist in achieving the deu!/opnmt of a 7Hdl-balanaxl and firnaimal mix of residentid, ccmrrmial,
industrial, 0J>>l space, recrrdtianal and institutianal !and uses, diu:rsifying Lake Elsinore's mnanic base.
2. The project complies with the design directives contained in Section 17.82.060 and all other
applicable provisions of the Municipal Code.
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AGENDA ITEM NO. 3)
PAGE \ ~ OF 3"
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PlANNING COMMISION RESOLUTION NO. 2004-163
COMMERCIAL DESIGN REVIEW NO. 2004-07
December 7, 2004
Page 2 of 3
r"
The prvJXJSai O:rnrrvr:id Desif7l Review locatal at Assessor Panel Numlrr 363-172-016 is appropriate
w the site and surrounding deudopnents in that the medical 0./fKe ampIex knm.m as the reMission Trail
Medical Plaza" has Ixm desigJw:l in considerat:ioo of the size and shap? of the proJX:rty, thereby creating
inten!st and mryingvistas as a person rrIOU:S almg the strret. Further the project as profXJsed will amrJmmt
the quality of existing deu?/oprrmt and will create a visually pleasing, nm-detraaiu: relationship lxwx:m the
prvJXJSai and existing projocts in that the arrhitIrtural design, color and materids and site desif7l prvJXJSai
eviderue a anam fUr quality and originality.
3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to
result in any significant adverse environmental impacts.
Pursuant w the Califamia Envirrnrmtal Quality Act (CEQA), the projXJsed O:rnrrvr:id Desif7lReriew
located at Assessor Parrel Numlrr 363-172-016, as revielml and wnditimill by all applimhle Oty
Divisions and Depart:rnmJs and AgmQcr, will. not haa! a sigrU/imnt effirt on the emirurvrmt pursuant w
attadxrl Conditims of Approml.
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including
guarantees and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in accordance with
the objectives of Chapter 17.82.
Pursuant w Sectioo 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal 0:xIe
(LEMC), the prvJXJSai O:rnrrvr:id Design Review kx:ated at Assessor Parcel Numl:rr 363-172-0 16has
hen sckIuJed fUr consideration and approml of the Planning Cmmissw.
NOW, THEREFORE, based on the above findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake
Elsinore approve Commercial Design Review No. 2004-07.
Ron LaPere, Chairman
Lake Elsinore Planning Commission
I hereby certify that the preceding resolution was adopted by the Planning Commission at a
meeting thereof conducted on December 7, 2004 by the following vote:
AYES:
Commissioners:
LAPERE, O'NEAL, LARIMER, RYAN, UHLRY
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NOES:
Commissioners:
AGENDA ITEM NO. 35"
PAGE \ 3 OF 3 Co
PLANNING COMMISION RESOLUTION NO. 2004-163
COMMERCIAL DESIGN REVIEW NO. 2004-07
December 7, 2004
Page 3 of 3
ATTEST:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Robert A. Brady, Secretary to the Planning Commission
AGENDA ITEM NO. 3-j
PAGE ,~ OF '3 Co
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GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the
City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the
City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of
the City, its advisory agencies, appeal boards, or legislative body concerning the subject project
known as Best Western Hotel located at 363-172-016, which action is bought within the time
period provided for in California Government Code Sections 65009 and/or 66499.37, and Public
Resources Code Section 21167. The City will promptly notify the applicant of any such claim,
action, or proceeding against the City and will cooperate fully with the defense. If the City fails to
promptly notify the applicant of any such claim, or proceeding, the Applicant shall not, thereafter,
be responsible to defend, indemnify, or hold harmless the City.
~
2. The Design Review approval located at Assessor Parcel No. 363-172-016 shall lapse and become
void one (1) year following the date on which the Design Review became effective, unless prior to
the expiration of one year a building permit related to the Design Review is issued and construction
commenced and diligently pursued toward completion. The Design Review granted herein shall
run with the land for this one (1) year period and shall continue to be valid upon a change of
ownership of the site.
3. Prior to the certificate of occupancy of the first building, the entire site parlcing lot, entry driveways,
perimeter and intemallandscaping shall be completed as indicated on the approved plans attached
hereto.
4. Conditions of Approval shall be reproduced on page one of building plans submitted to the
Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a
Certificate of Occupancy and release of utilities.
5. All site improvements approved with this request shall be constructed as indicated on the approved
site plan and elevations. Revisions to approved site plans or building elevations shall be subject to
the review of the Community Development Director. All plans submitted for Building Division
Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the
Planning Commission/City Council through subsequent action.
6. Any alteration or expansion of this Design Review approval shall be reviewed according to the
provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code.
7. All roof mounted or ground support air conditioning units or other mechanical equipment
incidental to development shall be architecturally screened or shielded by landscaping so that they
are not visible from neighboring property or public streets. Any material covering the roof
equipment shall match the primary wall color. .
,.....
AGENDA ITEM NO. '3>5
PAGEKOF 3(0
CONDITIONS OF APPROVAL
Page 2 of 8
MISSION TRAIL MEDICAL PIAZA
'-'
8. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto
neighboring property and streets or allow illumination above the horiiontal plane of the fIXture.
All light fixtures shall match the architectural style of the building.
9. Applicant shall meet ADA (Americans with Disabilities Act) requirements.
10. Trash enclosures shall be constructed per City standards as approved by the Community
Development Director or Designee.
11. No exterior roof ladders shall be permitted.
12. All downspouts shall be concealed or architecturally screened and painted to match the exterior
color of the building.
13. The Planning Division shall approve the location of any construction trailers utilized during
construction. All construction trailers shall require a cash bond in the amount of $l,OOO.OQ to be
processed through the Planning Division.
14. Materials and colors depicted on the plans and materials board shall be used unless modified by the
Community Development Director or designee.
15. On-site surface drainage shall not cross sidewalks.
.....,
16. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart.
17. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and
erosion control vegetation installed, approved by the Planning Division.
PRIOR TO BUILDING/GRADING PERMITS
18. Prior to the issuance of a Grading Permit the applicant shall pay the applicable Multiple Species
Habitat Conservation Plan (MSHCP) fee recently adopted by the City of Lake Elsinore. The fee
shall be calculated as "Commercial-$5,620.00 per acre". (1.81 acres x $5,620.00 = $10,172.22)
19. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an
"Acknowledgement of Conditions" form and shall retum the executed original to the Planning
Division for inclusion in the case records.
20. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and
approved by the City's Landscape Architect Consultant and the Community Development Director
or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will
be charged prior to final landscape approval based on the Consultant's fee plus forty percent (400~o)
City fee.
a) All planting areas shall have permanent and automatic sprinkler system with 100% plant .....,
and grass coverage using a combination of drip and conventional irrigation methods.
AGENDA ITEM NO. 3 ~
PAGE l ~ OF ~<o
CONDITIONS OF APPROVAL
Page 3 of8
"'" MISSION TRAIL MEDICAL PLAZA
b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of
forty feet (40') apart and at least twenty-four-inch (24") box in'size.
c) All planting areas shall be separated from paved areas with a six inch (6") high and six
inch (6") wide concrete curb.
d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-
six inches (36").
e) Landscape planters shall be planted with an appropriate patking lot shade tree pursuant
to the LEMC and Landscape Design Guidelines.
f) Any transformers and mechanical or electrical equipment shall be indicated on landscape
plan and screened as part of the landscaping plan.
g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to the use of
Xeriscape or drought resistant plantings with combination drip irrigation system to be
used to prevent excessive watering.
----
h)
All landscape improvements shall be bonded 100% for material and labor for two years
from installation sign-off by the City. Release of the landscaping bond shall be requested
by the applicant at the end of the required two years with approval/acceptance by the
Landscape Consultant and Community Development Director or Designee.
o All landscaping and irrigation shall be installed within affected portion of any phase at
the time a Certificate of Occupancy is requested for any building. All planting areas shall
include plantings in the Xeriscape concept, drought tolerant grasses and plants.
D Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to include planting and irrigation details.
21. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District.
Proof shall be presented to the Chief Building Official prior to issuance of building permits and
fmal approvaL
22. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the
Lake Elsinore Unified School District have been paid.
23. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the
Riverside County Fire Department have been met.
,.,..... 24. Prior to issuance of building pennits, applicant shall pay park-in-lieu fee in effect at time of building
penrut Issuance.
AGENDA ITEM NO. 3 ~,
PAGE 11 OF '3 b
CONDITIONS OF APPROVAL
Page 4of8
MISSION TRAIL MEDICAL PLAZA
"'"
ENGINEERING
25. The applicant shall dedicate right-of-way such that the centerline of Casino Drive measures fifty
feet (50') from the project property line prior to the issuance of building permit.
26. All set-backs measured from Casino Drive shall be required from the proposed property line
located 50-feet from the centerline of Casino Drive.
27. Improvements to Casino Drive shall be made consistent with the interim width. Cash-in-lieu of
construction shall be required for the balance of the right-of-way improvements including the
pavement between existing and ultimate roadway width.
28. Access from the parking lot to Casino Drive shall not be allowed
29. Project signage and landscaping shall be required to preserve sight distance for traffic access to the
site.
30. Show cross sections of the boundary conditions on the grading plans. One cross section for each
side of the project.
31. All on site drainage shall be conveyed to public right-of-way
32. The applicant shall provide a minimum of forty (40) feet at the entrance where the area is free of
parking, turning and drive aisle conflicts.
"'"
33. All signage and landscaping shall be placed so as not to interfere with driver's site distance.
34. All Public Works requirements shall be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
35. Underground water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal
Water District.
36. All street improvements, including traffic signals, shall be installed and functioning prior to
certificate of occupancy.
37. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-
26), mitigation -fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and
inspection fees associated with the project and its development.
38. The applicant shall submit a "Will Serve" letter to the City Engineering Division from t!?e
applicable water agency stating that water and sewer arrangements have been made for this projeq.
Submit this letter prior to final map approval.
"-'"
3S
AGENDA 'TEM NO. ~~
PAGE_ \ g_OF :3. -
CONDITIONS OF APPROVAL
Page 50fs
,,-.- MISSION TRAIL MEDICAL PlAZA
39. The applicant shall construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer pnor to fmal map approval
(LEMC 16.34).
40. Street improvement plans and specifications shall be prepared by a California Registered Civil
Engineer. Improvements shall be designed and constructed to Riverside County Road Department
Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
41. The applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to fmal map approval.
42. All compaction reports, grade certifications, monument certifications (with tie notes delineated on
S ~" x 11" Mylar) shall be submined to the Engineering Division before fmal inspection of public
works improvements will be scheduled and approved
43. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a
location to be determined by City Engineer.
44. The applicant shall obtain all necessary off-site easements for off-site grading or construction from
the adjacent property owners prior to final map .approval.
,,-.
45. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
46. The applicant shall provide fire protection facilities as required in writing by the Riverside County
Fire Department.
47. The applicant shall provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
48. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations.
49. The applicant shall submit a traffic control plan showing all traffic control devices for the tract to
be approved prior to fmal map approval. All traffic control devices shall be installed prior to fmal
inspection of public improvements. This includes No Parking and Street Sweeping Signs for
streets within the development.
50. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant
shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to
pay $300 per sheet for City digitizing.
51. All utilities except electrical over 12 kv shall be placed underground, as approved by the serviJ,?g
utility.
~
AGENDA ITEM NO. 35 -
'1 (0 ,4
P/\GE~ OF.-I
CONDITIONS OF APPROVAL
Page 60fs
MISSION TRAIL MEDICAL PlAZA
.....""
52. The applicant shall apply and obtain a grading permit with appropriate security prior to building
permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall
be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially
modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a
grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and
flow pattern inspection can be conducted before grading begins.
53. The applicant shall provide soils, geology and seismic report including street design
recommendations. Provide fmal soils report showing compliance with recommendations.
54. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present on-site.
55. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all
slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater
than 30 ft. in height shall be contoured
56. Prior to commencement of grading operations, applicant to provide to the City with a map of all
proposed haul routes to be used for movement of export material. Such routes shall be subject to
the review and approval of the City Engineer.
57. The applicant shall provide to the City a photographic baseline record of the condition of all
proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost
of restoring public roads to the baseline condition. A bond may be required to ensure payment of
damages to the public right-of-way, subject to the approval of the City Engineer.
.....""
58. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property
owners by a letter-of drainage acceptance or conveyed to a drainage easement.
59. On-site drainage facilities located outside of road right-of-way should be contained within drainage
easements shown on the final map. A note should be added to the final map stating: "Drainage
easements shall be kept free of buildings and obstructions".
60. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the City Engineer.
61. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations.
62. The applicant shall meet all requirements of LEMC 15.68 regarding flood plain management.
63. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City
Engineer prior to approval of the building permit. Developer shall mitigate any flooding and/or
erosion caused by development of site and diversion of drainage. . ,
......."
AGENDA iTEM NO. "3"5
PAGE ;).. 0 OF :3 ~
CONDITIONS OF APPROVAL
Page 70f8
,- MISSION TRAIL MEDICAL PLAZA
64. All drainage facilities in this site shall be constructed to Riverside County Flood Control District
Standards. .
65. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain
system, the wording and stencil shall be approved by the City Engineer.
66. la-year storm runoff should be contained within the curb and the lOa-year storm runoff should be
contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities
should be installed
67. A drainage acceptance letter will be necessary from the downstream property owners for outletting
the proposed storm water run-off on private property.
68. The applicant shall be required to install BMP's using the best available technology to mitigate any
urban pollutants from entering the watershed.
~
69. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction
which describes BMP's that will be implemented for the development and induding maintenance
responsibilities.
70. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the
development in the use of herbicides, pesticides, fertilizers as well as other environmental
awareness education materials on good housekeeping practices that contribute to protection of
storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County
NPDES Drainage Area Management Plan.
71. The applicant shall provide first flush BMP's using the best available technology that will reduce
storm water pollutants from parking areas and driveways.
72. Intersection site distance shall meet the design criteria of the CAL lRANS Design Manual
(particular attention should be taken for intersections on the inside of curves). If site distance can
be obstructed, a special limited use easement must be recorded to limit the slope, type of
landscaping and wall placement.
73. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft
ingress and egress easement to public right-of-way by through map recordation or separate
lIlstrument.D
74. Existing access easements over property must be addressed to the satisfaction of the easement
owners prior to issuance of building permit.
,-
AGENDA ITEM NO. 1)
PAGE ~ \ OF 3<0 ,~
CONDITIONS OF APPROVAL
Page S ofs
MISSION TRAIL MEDICAL PLAZA
......."
75. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant
shall be required to contract with CR&R, Inc., for removal and disposal of all waste material,
debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or
all other phases of construction.
ADMINISTRATIVE SERVICES DEPARTMENT
76. Prior to the issuance of the first building permit, the applicant shall annex into the Lighting, and
Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on
public right-of-way landscaped areas to be maintained by the City and for street lights in the public
right-of-way for which the City-will pay for electricity and a maintenance fee to Southern California
Edison.
RIVERSIDE COUNTY FIRE DEPARTMENT
77. The applicant shall comply with all Comments and/or Conditions of Approval "from Riverside
County Fire Department.
COMMUNITY SERVICES DEPARTMENT
78. The applicant shall pay park fees of $0.10 per square foot of interior space.
79. The applicant shall comply with City Ordinance 8.16.010 for the removal of all construction debris.
Developer shall utilize CR&R for all recycling.
......"
80. All drainage and/or flood control facilities to be maintained by developer.
81. The City Landscape Architect shall review all landscape plans.
82. All landscaping shall be maintained by the applicant.
'-"
AQENOA ITEM NO. '3 5
"-. PAGE~ OF 3 b
1/26/04
:; 13
Riverside County LMS
CONDITIONS OF APPROVAL
Page; 1
,TIO PERMIT Permit No; FIRECONDS
,.....
Parcel:
10. GENERAL CONDITIONS
FIRE DEPARTMENT
10.FIRE. 1
CASE ~ CITY CASE STATEMENT
DRAFT
LE-04-PP-07
MISSION TRAIL MEDICAL PLAZA
MISSION TRAIL
LAKE ELSINORE, CA
APN 363-172-016
with respect to the conditions of approval for the
referenced project, the Fire Department recommends the
following fire protection measures be provided in
accordance with Riverside County Ordinances and/or
recognized fire protection standards:
10.FIRE. 2
USE-#50-BLUE DOT REFLECTOR
DRAFT
,.....
Blue retroreflective pavement markers shall be mounted on
private street, public streets and driveways to indicate
location of fire hydrants. Prior to installation, placement
of markers must be approved by the Riverside County Fire
Department.
10.FIRE. 3
USE*-#23-MIN REQ FIRE FLOW
DRAFT
Minimum required fire flow shall be 2000 GPM for a 2 hour
duration at 20 PSI residual operating pressure, which must
be available before any combustible material is placed on
the job site. Fire flow is based on type VN construction
per the 2001 CBC and Building(s) having a fire sprinkler
system.
10.FIRE. 4
USE-#20-SUPER FIRE HYDRANT
DRAFT
Super fire hydrant(s) (6f1x4f1x2 1/211) shall be located not
less than 25 feet or more than 165 feet from any portion of
the building as measured along approved vehicular travel
ways.
10.FIRE. 5
USE-#2~)-GATE ENTRANCES
DRAFT
Gate entrances shall be at least two feet wider than the
width of the traffic lane(s) serving that gate. Any gate
providing acce~s from a road to a driveway shall be located
at least 35 feet from the roadway and shall open to allow a
""" vehicle to stop without~ obstructing traffic on the road.
AGENDA ITEM NO. ] ~
PAGE ~3> OF 3 "
)/26/04
~ : 13
Riverside County LMS
CONDITIONS OF APPROVAL
\TIO PERMIT Permit No: FIRECONDS
Parcel:
10. GENERAL CONDITIONS
10.FIRE. 5
USE-#25-GATE ENTRANCES (cont.)
Where a one-way road with a single traffic lane provides
access to a gate entrance, a 40 foot turning radius shall
be used.
10.FIRE. 6
USE*-#88A-AUTO/MAN GATES
Gate{s) shall be automatic or manual operated, minimum 26
feet in width, with a setback of 35 feet from face of
curb/flow line. Gate access shall be equipped with a rapid
entry system'~Plan:s shall be submitted to the Fire
Department for approval prior to installation.
Automatic/manual gate pins shall be rated with shear pin
force, not to exceed 30 foot pounds. Automatic gates shall
be equipped with emergency backup power. Gates activated
by the rapid entry system shall remain open until closed
by the rapid entry system. (current plan check deposit
base fee is $126.00)
80. PRIOR TO BLDG PRMT ISSUANCE
FIRE DEPARTMENT
80.FIRE. 1
USE-#17A-BLDG PLAN CHECK $
Building plan check deposit base fee of $1,056.00, shall be
paid in a check or money order to the Riverside County Fire
Department after plans have been approved by our office.
aO.FIRE..2
USE-#4-WATER PLANS
The applicant or developer shall separately submit two
copies of the water system plans to the Fire Department for
review and approval. Calculated velocities shall not exceed
10 feet per second. plans shall conform to the fire hydrant
types, location and spacing, and the system shall meet the
fire flow requirements. Plans shall be signed and approved
by a registered civil engineer and the local water company
with the following certification: "I certify that the
design of the water system is in accordance with the
requirements prescribed by the Riverside County Fire
Department. II
AGENDA ITEM NO. S ~
PAGE ~ l{ OF 3 (,
Page: 2
'-'"
DRAFT
DRAFT
~
DRAFT
DRAFT
........",
0/26/04
B:13
Riverside County LMS
CONDITIONS OF APPROVAL
Page: 3
~~ PERMIT Permit No: FIRECONDS
Parcel:
90. PRIOR TO BLDG FINAL INSPECTION
FIRE DEPARTMENT
90.FIRE. 1
USE-#45-FIRE LANES
DRAFT
The applicant shall prepare and submit to the Fire
Department for approval, a site plan designating required
fire lanes with appropriate lane painting and/or signs.
90.FIRE. 2
USE-#12-SPRINKLER SYSTEM
DRAFT
Install a complete fire sprinkler system per NFPA 13 1999
edition (13D and 13R system are not allowed) in all
buildings requiring a fire flow of 1500 GPM or greater.
Sprinkler system(s) with pipe sizes in excess of 4" in
diamter will require the project structural engineer to
certify (wet signature) the stability of the building
system for seismic and gravity loads to support the
sprinkler system. All fire sprinkler risers shall be
protected from any physical damage. The post indicator
valve and fire department connection shall be located to
~ the front, within 50 feet of a hydrant, and a minimum of 25
feet from the building(s). A statement that the
building(s) will be automatically fire sprinkled must be
included on the'title page of the building plans.
(current sprinkler plan check deposit base fee is $614.00
per riser)
pplicant or developer shall be responsible to install a .L.
Central Station Monitored Fire Alarm System. Monitoring
system shall monitor the fire sprinkler system(s) water
flow, P.I.V.'s and all control valves. plans must be
submitted to the Fire Department for approval prior to
installation. Contact fire department for guideline handout
(current monitoring plan check deposit base fee is $192.00)
90.FIRE. 3
USE-#27-EXTINGUISHERS
DRAFT
Install portable fire extinguishers with a minimum rating
of 2A-10BC and signage.Fire Extinguishers located in public
areas shall be in recessed cabinets mounted 48'1 (inches) to
center above floor level with maximum 4" projection from
the wall. Contact Fire Department for proper placement of
equipment prior to installation.
".....
'35
AGENDA ITEM N,9. ."
PAGE ~ ~ " OF...li..:
VICINITY MAP
COMMERCIAL PROJECT NO_ 2004-07
MISSION TRAIL MEDICAL PLAZA
(APN 363-172-016)
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
DICK WATENPAUGH, CITY MANAGER
DATE:
DECEMBER 28, 2004
SUBJECT:
INFRASTRUCTURE REIMBURSEMENT AGREEMENT
BACKGROUND
Mr. Robert Gregory, owner of Lake Chevrolet, is constructing another auto dealership in the
City. When completed, the new site will house a relocated Lake Chevrolet dealership and a
Buick/Pontiac/GMC dealership will move into the existing Lake Chevrolet site. On May 25,
2004, the City Council approved a General Plan Amendment, Zone Change, Commercial Design
Review and Mitigated Negative Declaration for the new 9.73 acre site that includes a 66,524
square foot dealership facility. Significant public infrastructure will be constructed with the new
commercial development.
DISCUSSION
It has been the City's policy in the past to assist new development creating substantial public
r- benefit in the way of public infrastructure, job creation, revenue generation and additional
benefits, with a reimbursement agreement towards the cost of such public infrastructure. The
funds are provided after the construction is completed and revenue has begun to be generated
from the project. Receipts for such costs must be provided and verified prior to reimbursement.
In this way, the City is assured of the operation of a contributing commercial enterprise in the
City and verification for use of public funds. A similar agreement for Lake Chevrolet was fully
reimbursed earlier than anticipated due to the success ofthe dealership.
The proposed agreement provides up to $1,000,000 over a period of eight years towards the cost
of public infrastructure for the project. A measure of sales tax generated from the project will be
utilized to reimburse the developer. Reimbursement will be based on fifty percent of the
quarterly revenues generated. Ifthe dealership discontinues operation within the term of the
agreement, all future reimbursements will be forfeit.
The developer is requesting an increase in the amount of reimbursement up to $1,200,000 and
the potential of interest reimbursement. Interest payments have been a part of previous
agreements. Should the Council consider this request, another alternative to interest payments
could be an inflation factor based on the construction cost index.
FISCAL IMPACT
There would be no fiscal impact on the existing general fund. Future costs would be equivalent
to fifty percent of any future revenues generated by the project, up to a total of $1 ,000,000, or
$1,200,000 plus inflation/interest, as considered by the City Council.
r-
AGENDA ITEM NO. 3 ro
PAGE I OF;;" <L
inflation/interest as requested by the developer).
.....,
RECOMMENDATION
It is recommended the City Council consider approval of the proposed Infrastructure
Reimbursement Agreement and, if approved, to 1) specify the maximum amount of
reimbursement permitted, and 2) authorize the Mayor to execute the final document in such form
as approved by the City Attorney.
PREPARED BY:
MARLENE BEST, ASSISTANT CITY MANAGER
APPROVED FOR
AGENDA BY:
aMuhft!Jfi2
CIT MANAGER'S FFI.
.....,
.....,
3b
AQENOA ITEM NO. ~f
""-., DAt"'..I= ~_ OF :J
~
~
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INFRASTRUCTURE REIMBURSEMENT AGREEMENT
This INFRASTRUCTURE REIMBURSEMENT AGREEMENT (this "Agreement")
dated as of November 1, 2004 for identification purposes only, by and bet~een CITY OF LAKE
ELSINORE, a municipal corporation (the "City") and PARADISE GROUP, a
(the "Developer").
~ECIT ALS
This Agreement is made with reference to the following facts which are a substantive part
hereof:
A. The Developer is the owner of two sites. "Site 1" is the current location of a full-
service Chevrolet automobile dealerships within the City, including new car sales, showroom,
offices, service area, parts sales and auto body shop. Developer proposes to relocate this dealership
to "Site 2" and continue to utilize Site 1 as a automobile dealership for other General Motor product
lines. Site 1 and Site 2 are depicted on Attachment No.1, attached hereto. Site 1 and Site 2 are
hereinafter collectively referred to as the "Land."
B. The parties agree that it would result in lower administration costs, greater cost
savings, controls, and efficiencies, and the expedited completion of the Public Infrastructure if the
Developer were to cause the construction of the Public Infrastructure concurrent with its construction
upon the Land, particularly Site 1. For this reason, this Agreement provides for the Developer to be
responsible for the construction of the Public Infrastructure, and the City to reimburse the Developer
for an amount equal to the maximum presently estimated cost of constructing the Public
Infrastructure and as specifically set forth herein. The parties recognize that the Developer's
construction of the Public Infrastructure in accordance with this Agreement will be subject to State
public bidding and prevailing wage requirements.
C. Due to the substantial public benefits which would be created if the automobile
dealerships were developed and operated on the Land, the Developer and the City wish to enter into
this Agreement to provide for: (i) the Developer developing (or causing to be developed) the Auto
Dealerships on Site 2, (ii) the Developer operating the Auto Dealerships (or otherwise causing the
Auto Dealerships to be open and operating) during each year in which this Agreement is in effect as
to Site 1 and Site 2, (iii) Developer constructing (or causing to be constructed) the Public
Infrastructure and dedicating the Public Infrastructure to the City, all in accordance with the terms
and conditions of this Agreement. ,-.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Developer and the City hereby agree as follows:
1.0 DEFINITIONS
Capitalized terms used herein and not otherwise defined shall have the meanings set forth
below:
"Agreement Containing Covenants Affecting Real Property" shall mean the dooument in".
the form of Attachment No.4 which shall be recorded against Site 2 in the Official Records of
Riverside County, California.
Gregory Infrastructure Agmt.
AGENDA ITEM NO. 3,k~lllA
""'- PAGE~OF 29.-
1
('Auto Dealerships" shall mean the existing Chevrolet dealership current in operations on
Site 1 which will be relocated to Site 2, and such new automobile and/or truck dealerships which will
commence operation on Site 1 following the relocation of the Chevrolet dealership.
((Commencement Date of Operation" shall mean the date of issuance of a Certificate of
Occupancy for Site 2 by the City.
:City Payment" shall mean each payment to be made by the City to the Deyelop~ according
to the terms set forth in Section 4.2.
'-"
((Governmental Requirements" shall mean all laws, ordinances, statutes, codes, rules,
regulations, orders and decrees of the United States, the State of California, the County of Riverside,
the City or any other political subdivision in which the Land is located, and any other political
subdivision, agency, or instrumentality exercising jurisdiction over the City, the Developer or the
Land, including without limitation, any applicable labor standards pursuant to California Labor Code
~ 1720, et seq., requiring the payment of prevailing wage, maintenance of payroll records in
accordance with California Labor Code ~~ 1776 and 1812, and employment of apprentices in
accordance with Labor Code ~ 1777.5; City zoning an<! development standards, building, plumbing,
mechanical and electrical codes, and all other provisions of the City Municipal Code, and all
applicable disabled and handicapped access requirements, including without limitation the
Americans With Disabilities Act, 42 U .S.C. Section 12101, et seq., Government Code Section 4450,
et seq., and Government Code Section 11135, et seq.
((Insurance Requirements" shall mean the Insurance Requirements set froth in Section 5.2.
((Operating Year" shall mean each annual period commencing on the Commencement Date ......",
of Operation and terminating on each anniversary thereof
((Optional Extensions" shall have the same meaning as set forth in Section 7 of the
Agreement Containing Covenants Affecting Real Property.
((Project" shall mean the relocation ofthe existing Chevrolet dealership from Site 1 to Site 2
along with the necessary Private Improvements and Public Infrastructure reasonably related and
connected to such automobile dealership.
((Reimbursement" is defined in Section 4.1.
((Sales Tax Quarter" means a three month quarterly period as designated by the State Board
of Equalization in its reports to the City.
('Sales Tax Revenues" shall mean that portion oftaxes derived from the operation of the new
Automobile Dealership on Site I following the relocation of the Chevrolet dealership from Site I to
Site 2, and received by the City from the imposition of the Bradley Bums Uniform Local Sales and
Use Tax Law, commencing with Section 7200 of the Revenue and Taxation Code of the State of
California, as amended, or its equivalent (which is as of the effective date of this Agreement, I % of
the total taxable sales less the administrative and processing fees ofthe State Board of Equalization),.
Sales Tax Revenues shall be determined based upon returns for sales tax filed with the State of
California by the Developer with respect to all businesses and activities conducted on the Land in ·
accordance herewith that are delivered to the City and certified by the Developer to be true and
......."
Gregory Infrastructure Agmt.
2
AGENDA ITEM NO.~
"'. PAGE...!::L OF ;t ~
~
correct and such other information as may be reasonably requested by the City Manager or hislher
designee.
2.0 CONSTRUCTION OF PUBLIC IMPROVEMENTS
~
2.1 Scope of Development
This Agreement addresses the Developer's construction of the Private Improvements
and the Public Infrastructure (collectively :-the'~lmprovements"). The Private ImprbVeInehts and the
Public Infrastructure-are generally described in the "Scope of Improvements" attached hereto as
Attachment No.2 and incorporated herein by reference.
2.2 Developer's Construction of the Private Improvements
The Developer's development of the Private Improvements upon Site 2 shall be
undertaken as a completely private activity without any direct economic or other assistance from the
City or the City provided in connection therewith. The Developer shall be responsible to make
appropriate application and pay all applicable fees and charges to the City to obtain any land use
entitlements and permits which are necessary to construct the Private Improvements on Site 2.
2.3 Developer's Construction ofthe Public Infrastructure
The Developer's installation of the Public Infrastructure shall be undertaken in
accordance with the "Terms and Conditions Pertaining to the Public Infrastructure" attached hereto
as Attachment No.3 and incorporated herein by reference.
2.4 Conditions Precedent to Construction of the Public Infrastructure
In accordance with Government Code Section 66486, this Agreement provides for the
City's reimbursement of a portion of the Developer's costs of developing the Public Infrastructure in
accordance with the terms and conditions hereof. However, the Developer shall not commence the
construction of any portion of the Public Infrastructure until all of the conditions precedent set forth
in Section 2.0 et seq., are satisfied to the City's satisfaction.
2.5 Public Works Contract
The Developer acknowledges and agrees that the construction of the Public
Infrastructure constitutes a public work under applicable State law, and the Developer shall abide by
the "Terms and Conditions Pertaining to the Public Infrastructure" (Attachment No.3) and all laws
and City policies applicable to public works projects, including (but not limited to) competitive
bidding statutes and the payment of prevailing wage rates. (Copies of the prevailing rate of per diem
wages are on file at City Hall, 130 South Main Street, Lake Elsinore, and shall be made available to
any interested party upon request.)
2.6 Acquisition of Property Interests
The Developer shall have, at its cost and expense, obtained all property interests,
permits and easements necessary fur construction of the Public Infrastructure.
~
Gregory Infrastructure Agrnt
3
AGENDA ITEM NO. 3k/04
PAGE 5 OF 2. '\
2.7 Permits and Approvals
The Developer shall have secured (or cause to be secured) any and all permits or '-'
approvals which may be required by the City or any other governmental agency affected by the
construction of the Public Infrastructure. It is understood that it is the Developer's obligation to
timely submit to the City all necessary plans and documents to obtain all required permits.
2.8 Insurance
, .
The Developer shall take out and maintain such insurance as specified in Section_.
2.9 No Default
The Developer shall be in compliance with all of the terms, covenants, and conditions
set forth in this Agreement and there shall exist no condition, event or act which would constitute an
Event of Default hereunder or which, upon the giving of notice or the passage of time, or both,
would constitute an Event of Default.
2.10 Representations and Warranties
All representations and warranties of the Developer contained herein hereof shall be
true and correct.
3.0 COVENANTS AND RESTRICTIONS
3.1 Covenants
For so long as the City has an obligation to pay Developer any portion of the "...,
Reimbursement, the Developer covenants and agrees to comply in all material respects with
Governmental Regulations affecting the Project and the terms of the Agreement Containing
Covenants Affecting Real Property, subject to all notice and cure periods applicable to an "Event of
Default" under and as defined in the Agreement Containing Covenants Affecting Real Property.
3.2 Agreement Containing Covenants Affecting Real Property.
The City and Developer intend that the covenants set forth in Section 3.1 shall be
covenants running with the land for so long as the City has any obligation to pay Developer any
portion of the Reimbursement. In furtherance of this intent and as a condition precedent to the
disbursement of the Reimbursement, Developer shall immediately upon execution of this Agreement
execute and deliver to the City the "Agreement Containing Covenants Affecting Real Property" to be
recorded by City in the Official Records of Riverside County, California.
4.0 REIMBURSEMENT TO THE DEVELOPER
4.1 City Reimbursement
In consideration for the Developer constructing (or causing the construction of) the
Public Infrastructure and use of the Land not then being in default under the Agreement Containing
Covenants Affecting Real Property (subject to all applicable notice and cure periods), the City agrees.
to reimburse the Developer in accordance with the terms and conditions referenced herein.
Notwithstanding anything herein to the contrary, the maximum amount that the Developer may
AGENDA ITEM NO. '3 b ,
( _ ?!}.([1/04
PAGE \() OF J....
'-'"
Gregory Infrastructure Agrnt.
4
""""
,.....
/""'"
receive from the City pursuant to this Agreement shall not exceed One Million Dollars ($1,000,000;
the "Reimbursement").
The parties acknowledge that the Reimbursement may not ~epresent the entire cost of
the work constituting the Public Infrastructure, and that the Developer shall have the obligation to
pay for anyaild all costs of undertaking the Public Infrastructure in excess ofthe Reimbursement.
All payments shall be made by City check payable to the Developer and drawn against immediately
available funds. Payment shall be delivered to the Developer at the addr~ss set forth in Part 10 of
the Agreement. Notwithstanding anything herein to the contrary, the formula set forth herein for
determining the actual amount of the Reimbursement is not and shall not be construed to be a pledge
(or pledges) of sales tax or any general fund revenue of the City, and is merely a means of computing
the payments hereunder.
4.2 Payment
The City shall commence paying the Reimbursement to the Developer when (i) the
construction of the Public Infrastructure have beeh accepted by the City (ii) the Developer has
delivered to the City a complete release of all mechani~s' and materialmen's liens orreceipts in full
for all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the
City Attorney to indemnify the City against such liens, and (iii) Auto Dealerships are operating upon
both Site 1 and Site 2. The first payment to the Developer shall cover the period commencing on the
first day of the first full Sales Tax Quarter following the date that is the later of (a) the first (1st)
anniversary ofthe Commencement Date of Operations, or (b) the date upon which items (i), (ii), and
(iii) in the immediately preceding sentence have occurred, and shall end on the last day of that same
Sales Tax Quarter (the "Quarterly Payment Period").
The City Payment shall be in an amount equal to the following:
(a) As to Sales Tax Revenues for each Quarterly Payment Period ofless than or
equal to $12,500, Developer shall not be entitled to any payment.
(b) As to Sales Tax Revenues for each Quarterly Payment Period in excess of
$12,500 but equal to or less than $25,000, Developer shall to entitled to payment in an amount equal
to one hundred percent (100%) of such Sales Tax Revenue.
(c) As to Sales Tax Revenues for each Quarterly Payment Period in excess of
$25,000, Developer shall to entitled to payment in an amount equal to fifty percent (50%) of sooh
Sales Tax Revenue.
4.3 Maximum Cumulative Reimbursement Amount
Notwithstanding the foregoing, (i) the City shall not be required to make a quarterly
City Payment to the extent that such payment would result in the cumulative of all of the City
Payments exceeding the Reimbursement; and (ii) the City's payment obligation shall cease upon the
earlier of (A) the quarterly City Payment that brings the cumulative total of all City Payments to the
Developer to the Reimbursement amount (the "Maximum Cumulative City Payment Amount"), or:.
(B) the date that is the eighth (8th) anniversary of the Commencement Date of Operations.
Gregory Infrastructure Agmt.
::> b.O/H/04
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5
AGENDA ITEM NO.
PAGE '1 OF
4.4 Cessation of Operations
In the event the Auto Dealerships permanently cease operating on either Site 1 or Site
2, then, commencing with the next full Sales Tax Quarter thereafter, the Oeveloper shall forfeit all
future rights to receive any City Payment(s) accruing hereunder, and the amount of the City
Payment(s) hereunder for the year in which such discontinuance occurs shall be calculated based
upon the Sales Tax Revenues up to the date that such operations were permanently discontinued.
Operatioos shall be deemed to be permanmItty discontinued upon adeGlaration to that effect by the
Developer, or by the Developer or any Auto Dealerships ceasing operations for a period of six (6)
consecutive months.
......"
4.5 No Acceleration
It is acknowledged by the parties that any payments by the City provided for herein
may only be paid in those periods in which the Developer fully performs all of the Developer's
obligations and the City receives the significant public benefits pursuant to this Agreement.
Therefore, the failure .)f the City to make any payments during the Initial Term or any of the
Optional Extensions shall not cause the acceleration_of any future payments by the City to the
Developer beyond the date of such default.
5.0 INDEMNITY AND INSURANCE
5.1 Indemnity
The Developer shall defend, indemnify, assume all responsibility for, and hold the
City, and its officers, employees, agents and representatives, harmless from, all claims, demands, ......"
damages, defense costs or liability of any kind or nature relating to the subject matter of this
Agreement or the implementation hereof and for any damages to property or injuries to persons,
including accidental death (including attorneys' fees and costs), which may be caused by any of the
Developer's activities under this Agreement, whether such activities or performance thereof be by
the Developer or by anyone directly or indirectly employed or contracted with by the Developer and
whether such damage shall accrue or be discovered before or after termination of this Agreement.
The Developer shall not be liable for property damage or bodily injury occasioned by the sole
intentional act or the sole negligence of the City or its officers, employees, agents and
representatives.
5.2 Insurance
Without limiting or diminishing the Developer's obligation to indemnify or hold the City
harmless, the Developer shall procure and maintain or cause to be maintained, at its sole cost and
expense the following insurance coverages during the term of this Agreement.
(a) Commercial General Liability: Commercial General Liability insurance
coverage, including but not limited to, premises liability, contractual liability, products and
completed operations, explosion, collapse, use of cranes, and other heavy equipment and
underground hazards, personal and advertising injury covering claims which may arise from or out o(
Developer's performance of its obligations hereunder. Policy shall name by endorsement the City I
and its special districts, respective directors, officers, Board of Supervisors, elected officials,
employees, agents or representatives as Additional Insureds. Policy's limit of liability shall not be ......"
less than $1,000,000 per occurrence combined single limit. If such insurance contains a general
GregorylnfrastructureAgmt. 6 AQENDA ITEM NO.~
"PAGE 8" OF ~
~
aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the
occurrence limit as described above.
(b) Vehicle Liability: Developer shall maintain liability insurance for all owned,
non-owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single
limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement
or be no less than two (2) times the occurrence limit as described above. Policy shall name by
endorsement t~le City, its special districts;their respective directors, officers, Board of Supervisors,
elected officials, employees, agents or representatives as Additional Insureds.
(c) Worker's Compensation Insurance: Developer shall maintain Workers'
Compensation Insurance (Coverage A) as prescribed by the laws of the State of California.
6.0 DEFAULTS AND REMEDIES
6.1 Default Remedies
Subject to the extensions of time set forth in Section 9.18 of this Agreement, failure
by either party to perform any action or covenant required by this Agreement or to comply with any
provision of 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 the alleged Default with
copies of such notice delivered by claimant as required by Section 8.0 hereof. Except as otherwise
expressly provided in this Agreement, the claimant shall not institute any proceeding against any
other party on or before thirty (30) days from the date ofthe notice of Default, and the other party
shall not be in Default if such party within thirty (30) days from the date of such notice cures such
default, or if such default is not reasonably capable of being cured within such time period,
immediately and with due diligence commences to cure, correct or remedy such failure or delay and
completes such cure, correction or remedy promptly and with due diligence. Upon Default by either
party hereto, the non-defaulting party may terminate this Agreement by delivery in accordance with
the requirements of Section 8.0 hereof of written notice oftermination to the party in Default and
may proceed with any other legal or equitable remedies available under the law.
6.2 Institution of Legal Actions
In addition to any other rights or remedies and subject to the restrictions otherwise set
forth in this Agreement, either party may institute an action at law or equity to seek specWc
performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover
damages for any Default, or to obtain any other remedy consistent with the purpose of this
Agreement. Such legal actions must be instituted in the Superior Court ofthe County of Riverside,
State of California, in an appropriate municipal court in that county, or in the United States District
Court for the Southern District of California. The Developer knowingly acknowledges and agrees
that it shall not be entitled to recover actual or consequential damages of whatever kind or nature for
any Default of the City hereunder.
6.3 Acceptance of Service of Process
".- In the event that any legal action is commenced by the Developer against the City,
service of process on the City shall be made by personal service upon the City Clerk of the City or in
such other manner as may be provided by law. In the event that any legal action is commenced by
,--
Gregory Infrastructure Agml
'") 1~1<'/04
AGENDA ITEM NO. ..:> ~
PAGE~OF 19
7
the City against the Developer, service of process on the Developer shall be made in the manner as
may be provided by law.
......,
,7.0 ASSIGNMENT; SUCCESSORS AND ASSIGNS
7.1 Assignment by the Developer
( For so long as the Devel~er shall be entitled to receive payment f!om the City
", pursuanfhereto, the Developer may only assign its rights under this Agreement to a person or entity
in which Developer or an entity controlled by the Developer has'no less than a fifty percent (50%)
beneficial ownership interest, provided that (1) the prior written consent of the City Manager (or his
designee) shall be required for each such assignment; (2) in connection with such assignment and
effective upon transfer of fee title, the Developer shall assign, release and transfer to such person or
entity all rights of the Developer to receiv~ consideration under this Agreement; (3) effective upon
the transfer of fee title such person or entity shall expressly and personally assume the obligations of
the Developer hereunder; and (4) that such assignment is made pursuant to an agreement reasonably
acceptable to the City Manager (or his designee). The City's consent to any request for assignment
of the Developer's rights under this Agreement shall ~ot be unreasonably withheld. Any intended
assignment without prior approval by the City Manager shall be null and void and shall constitute a
Default by Developer hereunder.
7.2 Assignment by the City
The City may assign or transfer any of its respective rights or obligations under this
Agreement with the approval of the Developer, which approval shall not be unreasonably withheld.
~
8.0 NOTICES
All notices shall be given in writing by personal delivery, delivery by a reputable overnight
courier service, or certified mail, postage prepaid and return receipt requested. Notices shall be
addressed as follows:
If to the City:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Attention: City Manager
with copy to:
Barbara Zeid Leibold, City Attorney
Van Blarcom, Leibold, McClendon & Mann, P.C.
23422 Mill Creek Drive, Suite 105
Laguna Hills, California 92653
If to Developer:
Paradise Group
6350 Leland Street
Ventura, California 93003
Attention: Robert Gregory, President
with copy to:
'--'
Gregory Infrastructure Agmt.
8
AGENDA ITEM NO. 31~/04
PAGE JQ. OF.1::1..
.~
Any notice given by mail shall be deemed given three days after mailing. All other
notices shall be deemed given on the date of delivery, if a business day, and on the first business day
thereafter, if the date of delivery is not a business day.
,.
9.0 GENERAL PROVISIONS
9.1 Successors and Assigns
All of the terms, covenants and conditions of this Agreement shall be binding upon
the Developer and its permitted successors and assigns.
9.2 Conflicts ofInterest
No member, official or employee of the City shall have any personal interest, direct or
indirect, in this Agreement, nor shall any such memper, official or employee participate in any
decision relating to the Agreement which affects his personal interests or the interests of any
corporation, partnership or association in which he is directly or indirectly interested.
9.3 Relationship Between the City and Developer
It is hereby acknowledged that the relationship between the City and the Developer is
r" not that of a partnership or joint venture and that the City and the Developer shall not be deemed or
construed for any purpose to. be the agent of the other. In performing this Agreement, Developer is
an independent contractor. Accordingly, except as expressly provided herein or in the Attachments
hereto, the City shall have no rights, powers, duties or obligations with respect to the development,
operation, maintenance or management of the Auto Dealerships. The Developer agrees to
indemnifY, hold harmless and defend the City from any claim made against the City arising from a
claimed relationship of partnership or joint venture between the City and the Developer with respect
to the development, operation, maintenance or management of the Land or the Auto Dealerships.
9.4 City Approvals and Actions
Whenever a reference is made herein to an action or approval to be undertaken by the
City, the City Manager (or his designee) is authorized to act on behalf of the City unless specificaUy
provided otherwise or the context should require otherwise.
9.5 Counterparts
This Agreement may be signed in multiple counterparts which, when signed by all
parties, shall constitute a binding agreement. This Agreement is executed in three (3) originals, each
of which is deemed to be an original.
9.6 Integration
This Agreement contains the entire understanding between the parties relating to the,
r" transaction contemplated by this Agreement. All prior or contemporaneous agreements,
understandings, representations and statements, oral or written, are merged in this Agreement and
AQE~::jL'o:~k
Gregory Infrastructure Agmt.
9
shall be of no further force or effect. Each party is entering this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all
facts such party deems material: This Agreement includes pages I through 12 and Attachments Nos.
I through 4, which together constitute the entire understanding and agreement of the parties~
notwithstanding any previous negotiations or agreements between the parties or their predecessors ill
interest with respect to all or any part of the subject matter hereof
9-.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 shall be entitled, in addition to damages, injunctive relief, or any other relief to which it
might be entitled, reasonable costs and expenses including litigation costs and reasonable attorneys'
fees.
'-'"
9.8 Titles and Captions
Titles and captions are for convenience of reference only and do not define, describe
or limit the scope or the intent of this Agreement or of any of its terms. Reference to section
numbers are to sections in this Agreement, unless expressly stated otherwise.
9.9 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 a whole and in accordance with its fair meaning and as though
prepared jointly by both parties.
9.10 No Waiver
'-'"
A waiver by either party of a breach of any of the covenants, conditions or agreements
under this Agreement to be performed by the other party shall not be construed as a waiver of any
succeeding breach of the same or other covenants, agreements, restrictions or conditions of this
Agreement.
9.11 Modifications
-
Any alteration, change or modification of or to this Agreement, in order to become
effective, shall be made in writing and executed by the authorized representatives of the City and the
Developer.
9.12 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.
......""
Gregory Infrastructure Agmt.
10
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9.13 Computation of Time
The time in which any act is to be done under this Agreement is computed by
excluding the first day., and including the last day, unless the last day is a holiday or Saturday or
Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified
in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular
time during a day, that time shall be Pacific Time Zone time.
.,.
9.14 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 matters 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 behalfofthe
other party, or their respective agents, employees, or attorneys, except as specifically set forth in this
Agreement, and without duress or coercion, whether ~conomic or otherwise.
9.15 Time of Essence
"""
Time is expressly made of the essence with respect to the performance by the City and
the Developer of each and every obligation and condition of this Agreement.
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.
9.17 Non-Liability of Officials and Employees of the City and the Developer
No member, official or employee of the City shall be personally liable to the
Developer, or any successor in interest, in the event of any default or breach by the City or for any
amount which may become due to the Developer or its successors, or on any obligations under the
terms of this Agreement.
9.18 Enforced Dela~ Extension of Times of Performance
Performance by either party hereunder shall not be deemed to be in Default and all
performance and other dates specified in this Agreement shall be extended, where delays or Defaults
are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of
God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of
transportation; governmental restrictions or priority; unusually severe weather; inability to secure
necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts or
omissions of the other party; acts or failures to act of any other public or governmental ~gency ot:
entity (other than the acts or failures to act of the City which shall not excuse performance by the'
""" City). Notwithstanding anything to the contrary in this Agreement, an extension of time for any such
cause shall be for the period of the enforced delay and shall commence to run from the time of the
AQENDA ITEM NO.~.
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Gregory Infrastructure Agmt.
11
commencement of the cause, if notice by the party claiming such extension is sent to the other party
within thirty (30) days of the commencement of the cause. Times of performance under this
Agreement may also be extended in writing by the mutual agreement of the City Manager (or his
designee) and the Developer.
......."
......."
"-""
Gregory Infrastructure Agmt.
12
AGENDA ITEM NO. J b
PAGE..L:L. O~5~ q
,.-.
,.-.
,-...
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first
above written.
ATTEST
By:
"CITY"
CITY OF LAKE ELSINORE, a 'municipal
corporation
By:
Mayor
Vicki Kasad, City Clerk
APPROVED AS TO FORM
Van Blarcom, Leibold, McClendon & Mann, P.C.
By:
Barbara Zeid Leibold, City Attorney
Gregory Infrastructure Agmt.
"DEVELOPER"
[INSERT)
By:
By:
13
AQENDA ITEM NO.-1.L
"'-, PAGE~~l1
ATTACHMENT NO.1
SITE MAP
Gregory Infrastructure Agrnt.
ATTACHMENT NO. 1
~
.....",
,....
""'"
AGENDA ITEM NO. 3~
PAGE 'fo OF ~ ~
,......
,,--.
,.....
ATTACHMENT NO.2
IMPROVEMENTS
Gregory Infrastructure Agmt.
ATTACHMENT NO. 2
~
A<~ENDA ITEM NO.~
PAGEJ.:Z.OF 2.. q
ATTACHMENT NO.3
TERMS AND CONDITIONS PERTAINING TO
THE CONSTRUCTION OF THE PUBLIC IMPROVE;MENTS
....."
1. Preparation of Bid Documents.
The Developer shall cause all d~uments constituting the "bid package" for the Public
Infrastructure (bid notices, bid plans and specifications, bid contract documents, etc.) to contain all of
those provisions required by State law for public works projects, including (but not limited to) all
applicable provisions of the California Public Contracts Code, Labor Code Sections 1776, 1777.5,
and 1777.7, and shall adhere to Greenbook standard specifications and procedures. The Developer
5hall not release the "Notice Inviting Bids" until the complete bid package has been reviewed and
approved by the City in consultation with the City Attorney and the City Engineer. The Developer
shall provide the City with copies of all plans and specifications to be utilized in connection with
undertaking the Public Infrastructure and as to the kind and quality of materials and equipment to be
used therefor. The City shall assist the Developer ip obtaining the City's prompt approval or
disapproval of the plans and specifications for the Public Infrastructure.
2. Advertisement and Award of Bids.
The Developer shall advertise for bids and open all bids in accordance with State laws and
shall award the contract(s) for the Public Infrastructure to the lowest responsible bidder(s) as
required by State laws. The Developer shall furnish the City with copies of all bids received. If the
Developer determines that a lowest bidder is non-responsible, the Developer shall communicate such
determination to the City. Any determination to award the contract(s) to any person other than the
lowest bidder shall be made by the City in accordance with State law.
""
3. Employment of Construction Project Manager.
The Developer agrees to undertake the superintendence of the construction of the Public
Infrastructure by employing the services of the Construction Project Manager. The Developer shall
be responsible for coordinating all aspects of construction of the Public Infrastructure. The
Construction Project Manager shall furnish efficient business administration and superintendence of
the construction of the Public Infrastructure so as to cause an adequate number and amount~f
subcontractors, workmen and materials to be furnished by the successful bidder(s), and shall
continuously monitor the work performed to verifY that it is being carried out in an expeditious and
proper manner. The Developer shall provide the City with the names of all subcontractors for each
portion of the construction ofthe Public Infrastructure. All construction of the Public Infrastructure
shall be in accordance with the plans and specifications as will be set forth in the bid package(s) for
the Public Infrastructure, and such change orders thereto as the City may from time to time authorize.
The Developer shall comply with and give notices required by all laws, ordinances, rules,
regulations, and lawful orders of public authorities having jurisdiction over constructjon of the
Public Infrastructure. - ~
""
Gregory Infrastructure Agmt.
A IT ACHMENT NO.3
1
AGENDA ITEM NO. l~~ -
PAGE -L.t OF :L <\.
,,-...
4.
Construction Schedule.
The Developer shall cause the construction of the Public Infrastructt,rre to be commenced and
completed no later than the times set forth therefor in the bid package( s) for the Public Infrastructure.
The Developer may request, in writing, that the City Manager extend those times; provided,
however, that the City Manager shall not be required to consider or grant any extension except for
extensions necessitated due to delays c;used by the following: (i}abnormal -adverse weather
conditions not reasonably anticipatable; (ii) unavoidable causes beyond the Developer's reasonable
control such as acts of God; and (iii) changes in the plans requested by the City after the City has
given its approval of the final plans (provided, however, there shall be no extension of the deadline if
the changes in the plans are requested by the Developer or were caused by errors made by the
Developer).
5. Compliance With Laws.
The Developer shall carry out the construction of the Public Infrastructure in conformity with
all applicable laws, including all applicable Federal and State labor standards. The Developer shall
provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water,
utilities and other facilities and services in accordance with State law and City policy applicable to
public works construction contracts.
,,-..
6.
Stop Notices.
The Developer may include in each construction contract a provision authorizing the
Developer to withhold payments otherwise due to such contractor for work on the Public
Infrastructure in the event that stop notices are filed with the City. In the event that a stop notice,
which is valid on its face, is timely filed with the City, the City will promptly notify the Developer.
In the event that any apparently valid stop notices are on file with the City when the Developer
renders its final account to the in accordance with Section 15 herein, the City shall withhold from the
amount owed to the Developer under this Agreement a sum equal to 125% of the amount claimed in
each stop notice until the Developer provides the City Manager proof of payment and unconditional
release, conditional release and payment, expiration by operation oflaw, or disposition pursuant to
court order of such stop notice.
7. Bonds.
,,-..
The Developer shall obtain and maintain, or require each contractor or subcontractor to
obtain and maintain, faithful performance and labor and material bonds in a form approved by the
City, each with a responsible corporate surety doing business within the State of California, in
amounts equal to 100% of the estimated cost to construct the contractor's or subcontractor's portion
of the Public Infrastructure for the faithful performance bond and 100% of the estimated cost to
construct the contractor's or subcontractor's portion of the Public Infrastructure for the}abor anq
material bond. The faithful performance and labor and material bonds shall be released ninety (90).
days after the Developer or contractor records a Notice of Completion pursuant to Civil Code
Section 3093.
Gregory Infrastructure Agmt
ATTACHMENT NO. 3
2
AQENOA ITEM NO. ~
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8. Insurance.
....."
The Developer shall not permit any contractor(s) to commence work until all of the Insurance
Requirements set forth in the Agreement have been satisfied.
9. Hold Harmless.
The Developer agrees to protect, defend, indemnify and hold harmless the City and its
elective and appointive boards, officers, agents and employees from any and all claims, liabilities,
expenses or damages of any nature, including attorneys' fees, for injury to or death of any person,
and for injury to any property, including consequential damages of any nature resulting therefrom,
arising out of or in any way connected to the construction of the Public Infrastructure by or on behalf
the of Developer, including damages resulting, or allegedly resulting from violation of any statute,
regulation or other legal requirement concerning a safe place for employment of workers, except to
the extent of damages resulting from the negligence or City. l';othing contained in this Section 9,
however, shall be deemed to be a warranty against construction defects, the only such warranty being
contained in Section 11 below.
The Developer shall comply with and shall require contractor(s) to comply with all of the
provisions of the Workers' Compensation Insurance and Safety in Employment Laws of the State of
California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and
all similar state, federal or local laws applicable; and shall indemnify and hold harmless the City
from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments
of every nature and description, including reasonable attorney's fees, presented, brought or recovered
against the City or their officers, employees, and agents, for or on account of any liability under any
of said laws which may be incurred by reason of any work performed under this Agreement by the
Developer or on behalf of the Developer.
.'-'
The City does not, and shall not, waive any rights against the Developer which it may have by
reason of the aforesaid hold harmless agreements because of the acceptance by the City or the
deposit with the City by the Developer of any insurance policies or certificates of insurance
purporting to indemnify for the aforesaid losses. The aforesaid hold harmless agreements shall apply
to all liabilities, claims, expenses, and damages of every kind, including (but not limited Jg)
attorneys' fees, suffered or alleged to have been suffered by reason of the aforesaid operations of the
Developer or any (sub)contractor(s) or others performing on behalf of the Developer, regardless of
whether or not such insurance policies are applicable.
10. Contract(s); Warranty.
The Developer shall include in its agreement(s) with contractor(s) the following provision:
"Contractor( s) W ARRANTS to Developer and to the City of Lake Elsinore that all. material~
used in the work and all labor performed shall be in conformity with the plans and specifications..
Contractor(s) shall, at its own expense, make any and all repairs and replacements that shall become
necessary as the result of any failure of the work to conform to the aforementioned plans, ......,
AQENOA ITEM NO.~
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A IT ACHMENT NO.3
3
r"
specifications; provided, however, that Contractor shall be obligated under this provision only to the
extent ofthose failures or defects of which it is given notice within a period oftwelve (12) months
from the date that the Notice of Completion is recorded."
11. Correction of Work.
The Developer shall promptly correct work rejected by the City as failing to conform to the
...... - -,
plans ana specifications for the Public Infrastructure whether observed before or after completion of
the work, and the Developer shall correct any construction defects found, within a period of one year
from the date the City pays the Payment to the Developer, to be not in accordance with the
requirements of the plans and specifications for the Public Infrastructure. Nothing contained herein
- shall be construed to establish a period oflimitation with respect to other obligations of which the
Developer might have under this Agreement. Establishment of the time period of one year as herein
described relates only to the specific obligation of the Developer to correct the construction and has
no relationship to the time within which the obligation to comply with this Agreement may be sought
to be enforced, nor to the time within which proceedings may be commenced to establish the
Developer's liability with respect to the Developer's obligations hereunder other than specifically to
correct the work. Notwithstanding any other provision of this Agreement to. the contrary, this
Agreement shall be deemed to continue in effect until the requirements of this Section 11 shall have
been fully satisfied.
,...-.
,e;..
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Gregory Infrastructure Agmt.
ATTACHMENT NO. 3
4
. )~
AGENDA ITEM NO. 16, IJ
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ATTACHMENT NO.4
, AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY '-'"
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
- -,
City of Cake Elsinore ,)
130 South Main Street
Lake Elsinore, CA 92530
Attention: City Clerk )
)
)
)
(Space above for Recorder's "Use Only)
This document is exempt from the payment of a recording fee
pursuant to Government Code ~ 6103.
THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
(this "Agreement") dated as of November 1, 2004 for identification purposes only, by and between
CITY OF LAKE ELSINORE, a municipal corporation (the "City") and Paradise Group, a
(the "Developer") and the, with reference to the following recitals which
are deemed to be a substantive part hereof:
A. The City and the Developer have entered that certain Infrastructure Reimbursement
Agreement dated for identification purposes only as of November 1, 2004 (the "Reimbursement
Agreement") pursuant to which City has agreed to reimburse Developer for certain Public '-'"
Infrastruture costs in connection with the development, use and operation of improvements upon that
certain real property which is more particularly described in the Legal Description which is attached
hereto as Exhibit "A" and incorporated herein by reference (the "Land"). The Reimbursement
Agreement is available for public inspection at the City's offices located at 130 S. Main Street, Lake
Elsinore, California 92530. Capitalized terms utilized herein and not otherwise defined shall have
the same meaning as set forth in the Reimbursement Agreement.
B. The Developer has agreed with the City to cause this Agreement to be executed and
recorded against the Property in order to bind the Developer and future Developers of the Property to
certain obligations regarding the on-going use, operation and maintenance of the Property and certain
other covenants, all as more particularly set forth herein.
C. The enforcement of the covenants and requirements set forth herein will ensure the
use, development and operation of the Land in accordance with the terms and provisions of the
Reimbursement Agreement and will, therefore, benefit the Developer and the City.
N OW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto,
and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Developer, on behalf of itself and its successors, assigns and each successor in interest to the Land or
any part thereof, and City hereby covenant and agree as follows:
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Gregory Infrastructure Agmt.
ATTACHMENT NO. 4
AQENDA ITEM NO.Io/~oh
". PAGE?-:).. OF 1. q
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1.0 COVENANT TO CONSTRUCT AND COMMENCE OPERATION OF THE
PROJECT. The Developer covenants and agrees to construct and install or cause to be constructed
and installed all necessary improvements, including without limitation, any and all public
improvements which are necessary for the development and operation ofth~ Project on the Land (the
"Improvements"). Once construction of the Project and Improvements has commenced, the
Developer shall diligently prosecute to completion the construction of the Project on the Land in
accordance with all Governmental Regulations, including, without limitation, any and all City
approvars. In connection with the construction of the Projecton the Land, Developer covenants and '
agrees that it shall: -
1.1 Construct and install or cause to be constructed and installed all necessary on-site and
off-site utility lines and facilities and other infrastructure required for the development and operation
of the Project (including all Public Infrastructure) in accordance with all applicable building codes
and other similar requirements;
1.2 Convey to City upon completion the Public Infrastructure, which shall be conveyed in
good and complete condition and shall be free of mechanic's liens; and
-
1.3 Commence operation of the Project upon the issuance by City of the first certificate of
occupancy for the Project ("Commencement Date of Operations") and continuously cause it to be
operated in accordance with the Operating Covenant for such period of time as the Developer
receives any payments of the Reimbursement Amount.
The requirements of this Section 1 shall be referred to herein as the "Construction Covenant."
In connection with the construction, development and operation of the Project, the Developer agrees
to comply with all applicable Governmental Regulations as provided in paragraph 2.0 below.
2.0 OPERATING COVENANT. The Developer hereby covenants and agrees to develop,
construct, use and occupy the Property in accordance with all Governmental Regulations. From and
after the Commencement Date of Operations, the Developer shall continuously and diligently operate
the Project on the Property (the "Operating Covenant").
3.0 MAINTENANCE AND REPAIR COVENANT. From and after the Commencement Date
of Operations, the Developer shall keep and maintain or cause to be kept and maintained the
Property and all Improvements in good order and repair and safe condition, and the whole of the
. Property, improvements, and landscaping in a clean, sanitary, and orderly condition free from debris,
graffiti and waste materials and in accordance with the requirements and provisions of the CitY's
Municipal Code and this Agreement and all applicable Governmental Regulations. The Developer
shall make any and all additions to or alterations or repairs in and about the Property and the
improvements which may be required by and shall otherwise observe and comply with all
Governmental Regulations from time to time applicable to the Property.
The obligations of the Developer under this Paragraph 3.0 shall be referred to herein as the
"Maintenance and Repair Covenant."
4.0 RIGHT OF ACCESS COVENANT. The City, for itself and for other public agencies, at
their sole risk and expense, reserves the right to enter onto the Property or any part thereof, at all '
reasonable times upon reasonable advance notice for the purpose of construction, reconstruction,
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AGENDA ITEM NO. .3 b
"-, PAGE-2]OF 1'\
maintenance, repair or $ervice of any public improvements or public facilities located on the
Property. The City or such other public agency exercising such right of entry shall take all
reasonable measures to minimize interference with the operation of business on the Property and
shall promptly repair and restore any damage caused by such entity, to the Property or the
Improvements thereon. Any such entry shall be made only after reasonable notice to and consent of
Developer, and City shall indemnify and hold Developer harmless from any costs, claims, damages
or liabilities pertaining to any such ennx The Developer agrees to cooperate .wi!h ~~e City in
providing its consent and. such access, and acknowledges that the City may obtain an administrative
inspection warrant or other appropriate legal or equitable remedies to enforce its rights pursuant to
this Section 4. This Section 4 shall not be deemed to diminish any rights the City or any other public
agencies may have without reference to this Section 4. The requirements ofthis Section 4 shall be
referred to herein as the "Right of Access Covenant." .
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5.0 APPROVALS AND DESIGNATION OF CITY. The Developer shall obtain and maintain
any and all necessary approvals for the development and operation of the Project on the Property.
6.0 TERM. The term of the Maintenance and Repair Covenant, the Right of Access Covenant
and the Operating Covenant shall commence on the-Commencement Date of Operations. The
Maintenance and Repair Covenant, the Right of Access Covenant, and the Operating Covenant shall
cease on the first anniversary ofthe Commencement Date of Operation (the "Initial Term"), unless
otherwise extended by the Developer pursuant hereto. Provided that the Developer is not then in
default of this Agreement after notice and the expiration of any applicable cure periods, the
Developer shall have eight (8) consecutive annual options to extend the Initial Term for one (1) year
each (individually, an "Optional Extension" and, collectively, the "Optional Extensions"). The
Initial Term together with any and all of the Optional Extensions exercised by the Developer in ~
accordance herewith is hereinafter referred to as the "Term". Developer shall exercise each of the
Optional Extensions by giving written notice to the City, not more than ninety (90) days and no less
than thirty (30) days prior to the expiration of the then-current Term. If the Developer fails to timely
exercise any of the Optional Extensions in accordance herewith, then all subsequently exercisable
Optional Extensions shall be voidable by City and of no further force or effect following written
notice thereof by City to Developer and failure by Developer to exercise such Optional Extension
within fifteen (15) business days of such notice.
7.0 COVENANTS RUN WITH THE LAND. During the Term, the covenants, restrictions and
obligations established in this Agreement shall, without regard to technical classification J}.r
designation, be binding on the Developer, its successors and assigns and any successor in interest to
the Property, or any part thereof, for the benefit of and in favor of the City, its successors and assigns.
Therefore, whenever the word "Developer" is used herein, it shall include the Developer as of date
of execution of this Agreement, and any and all successive Developers or assigns of the Property,
and the provisions hereof are expressly binding upon all such successive Developers or assigns
during the Term, and the parties agree all such provisions shall run with the land during the Term.
The City shall cause a fully executed copy of this Agreement to be recorded in the Office of the
Riverside County Recorder.
8.0 NOTICES. All notices shall be given in writing by personal delivery, delivery by aTeputabl~
overnight courier service, facsimile transmission or certified mail, postage prepaid and return receipt'
requested. Notices shall be addressed as follows:
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AGENDA ITEM NO. 3 b
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City:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attention: City Manager
Fax No.: (909) 674-2392
With Copy to:
Van Blarcom,Leibold, McClendon & Mann, P.C.
23422 Mill Creek Drive, Suite 105 -
Laguna Hills, California 92653
Attn: Barbara Zeid Leibold
Fax No.: (949) 457-6305
If to Developer:
With a copy to:
.".-...
Any notice given by mail shall be deemed given three days after mailing. All other notices shall be
deemed given on the date of delivery, if a business day, and on the first business day thereafter, if the
date of delivery is not a business day.
9.0 REMEDIES. An event of default ("Event of Default") under this Agreement shall not be
deemed to have occurred unless Developer has failed to cure any breach or default under this
Agreement within thirty (30) day~ after written notice from City of such breach or default; provided,
however, if such default or breach is of a nature that is not reasonably capable of being cured within
such thirty (30) day period an Event of Default shall not be deemed to have occurred provided
Developer commences to cure such breach or default within such thirty (30) day period and
thereafter diligently prosecutes the same to completion. If an Event of Default, has occurred antt1s
continuing, City shall have the right to exercise all the rights and remedies and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of the Event of
Default; provided, however, the City acknowledges and agrees that it shall have no rights of
foreclosure under this Agreement.
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1 0.0 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 unenforceabl~,
shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
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AQENOA ITEM NO. 3 b
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11.0 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.
12.0 MODIFICATION. The City, its successors and assigns, and the Dev.eloper and its
successors and assigns in and to all or any part of the fee title to the Property shall have the right to
consent and agree to changes in, or to eliminate in whole or in part, any of the covenants herein
without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary
under a ileed of trust or any other person"Or entity having any interest less thana fee interest in the
Property. However, the City and Developer are obligated to give written notice to'and obtain the
written consent of any first mortgagee prior to consent or agreement between the parties concerning
such changes to this Agreement.
13.0 PRIORITY. This Agreement shall be subordinate only to the lien of the Lender securing
construction and permanent financing for the Project.
14.0 WAIVER. Failure or delay by either party to perform any term or provision of this
Agreement constitutes a default under this Agreement. The aggrieved party shall giv.;:; written notice
of the default to the party in default. The defaulting pa{ty must within a reasonable time commence
to cure, correct, or remedy such default, and shall complete such cure, correction or remedy with
reasonable and due diligence, and during such period or curing shall not be in default.
The waiver by one party of the performance of any covenant, condition, or promise shall not
invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant,
condition or promise hereunder. The exercise of any remedy shall not preclude the exercise of other
remedies City or Developer may have at law or at equity.
15.0 ATTORNEYS' FEES. In the event oflitigation arising out of any breach of this Agreement,
the prevailing party shall be entitled to recover reasonable costs and attorney's fees, and all costs,
fees and expenses incurred in any appeal or in collection of any judgment.
16.0 AGREEMENT BINDING UPON SUCCESSORS. During the Term, the terms and
conditions, covenants and agreements set forth herein shall apply to and bind the heirs, successors,
executors, administrators, assigns and grantees of Developer with respect to the Property and of City.
[SIGNATURE PAGE FOLLOWS]
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AQENDA ITEM NO. 3~
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
first written above.
ATTEST
By:
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
By:
Vicki Kasad, City Clerk
APPROVED AS TO FORM
Van Blarcom, Leibold, McClendon & Mann, P.C.
"......
By:
Barbara Zeid Leibold, City Attorney
,....
Mayor
"DEVELOPER"
PARADISE GROUP, a
corporation
By:
Name:
Title:
By:
Name:
Title:
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AGENDA ITEM NO. .30 .'
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Gregory Infrastructure Agmt.
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Exhibit A
AQE.OOA ITEM ,;r;o ] ~0llI.~
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CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYORANDCITYCOUNC~
FROM:
RICHARD J. VY'ATENP AUGH, CITY MANAGER
DATE:
DECEMBER 28, 2004
SUBJECT:
SOUTHWEST COMMUNITIES JOINT POWERS AUTHORITY AGREEMENT
BACKGROUND
The Animal Friends of the Valleys in conjunction with the County of Riverside and the cities of
Lake Elsinore, Temecula, Canyon Lake and Murrieta have been working together over the past four
years in order to fund and construct an animal shelter that will meet the area's current and future
needs.
Through these combined efforts, a Joint Powers Agreement has been developed (see attached)
which will provide for the funding and operation of a new shelter.
/"" DISCUSSION
The agreement will allow for the creation of a Joint Powers Authority (JP A) that will have legal
authority to raise construction funds by issuing bonds to pay for the construction of the shelter. The
JP A, once formed, has the ability to contract with Animal Friends to operate the shelter. Animal
Friends has expressed an interest in securing a long-term contract to operate the new facility.
Each city will contribute equally to the administration and operation of the JP A while the bond debt
repayment will be based on the number of animal turn-ins annually. Each city will contract with the
JP A for animal sheltering but continue their individual contracts for animal control services.
The approval ofthe attached agreement allows for the Southwest Communities JP A to be legally
formed. Once formed, the JP A has the legal authority to issue debt. The cost estimates for the
construction of the shelter is approximately nine (9) million dollars ($300 per square foot). The
debt service (see Exhibit "B") on this amount will be spread between all member agencies based on
their usage of the shelter. For the City of Lake Elsinore, our usage is estimated at 28.58% which
would reflect our share of the debt service and then adjusted annually.
The JP A membership will be made up of the above mentioned agencies including the County of
Riverside. Each agency will have one elected official represented on the JP A and each agency will
have one vote. In addition to the elected representative on the JP A Board, the JP A will establish an
Executive Management Committee that will provide management oversight to the shelter operator.
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AGENDA ITEM NO. ]J
PAOf~OF~
FISCAL IMPACT
There is no direct fiscal impact for approving this agreement. Once the JP A is formed and budget
established for the operation of the JP A, then our equal share of expense will be incurred by the
City. In addition, once the JP A is formed and debt issued, then the City will be financially
responsible for debt payments (Exhibit "C" provides the cost breakdown for all agencies that will
be participating in the JP A. Bond debt payments for the City of Lake Elsinore will be
approximately $8,276,000 over the 30-year period. Proposed animal control costs over the 30-year
bond debt term will exceed $15,700,000).
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RECOMMENDATION
It is staffs recommendation that the Mayor and City Council approve the formation of the
Southwest Communities Joint Powers Authority (JP A) Agreement and appoint a representative and
alternate to the JP A Board.
PREPARED BY:
David W. Sapp, Director of Community Services
APPROVED BY:
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AGENDA ITEM NO.
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EXECUTIVE SUMMARY
Soutbwest Communities Joint Powers Authority
(Animal Sbelter)
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Purpose oftbe JPA
The primary purpose of the Joint Powers Authority (JP A) is to construct a 30,000 square foot
animal shelter serving the southwestern communities of the county. Construction cost is
estimated at $9 million by Animal Friends of the Valleys (AFV). Neither the County nor the
Cities have had an independent architect review the plans and cost estimates. In addition, the
JP A will contract for the operation of the shelter.
Termination of tbe JP A
The JPA Agreement (the "Agreement," attached as Exhibit A) allows any member agency to
terminate their participation in the IP A with sixty (60) days notice, if the IP A has incurred no
obligations. If the IP A has incun'ed any obligation, including indebtedness and/or property, then
a member agency must give twelve (12) months notice. If a member agency elects to terminate
their participation in the IP A at1er the IP A has incurred an obligation then, pursuant to the
Agreement, the member agency must pay (1) their portion of the outstanding bonds, based on
their then current percentage of animals sheltered, for any indebtedness incurred; (2) any unpaid
pOliion of their administrative costs of the IP A and; (3) any unpaid portion of their share of the
operating costs of the shelter.
Board Membership
The IP A members will include the CItIes of Canyon Lake, Lake Elsinore, Murrieta and
~. Temecula, and the County of Riverside. The IP A Board of Directors (the "Board") will include
one elected official (City Council/Board of Supervisors) from each member agency.
In the event of an incorporation within the IP A boundaries, the newly formed city may join the
IP A as a member agency, subject to all the provisions in the Agreement.
Fiscal ObJieations
Repayment oj Debt
Repayment of the debt will be allocated to each member agency based on each agency's
percentage of animals sheltered. The percentage will be calculated on an annual basis each
January based on usage information received for the preceding calendar year. The percentage
will be used to allocate annual debt repayment for each member agency's upcoming fiscal year
operating budget (percentage provided in January for July budget adaptation).
Exhibit B contains the financing schedules assuming a $9 million construction cost financed for
30 years at a 6% interest rate.
Administrative Costs
Expenses of the IP A, which will include bond-related expenses, Board member stipends and
expenses, administrative fees, legal fees, etc., will be allocated equally to each member agency. .
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AGENDA ITEM~O. 31
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EXECUTIVE SUMMARY
Southwest Communities Joint Powers Authority
(Animal Shelter)
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Operation of Animal Shelter .
Operating costs will be allocated to each member agency based on each agency's percentage of
animals sheltered. The percentage would be calculated on an annual basis in lanuary based on
usage information received for the preceding calendar year. The percentage will be used to
allocate operating costs for each member agency's upcoming fiscal year operating budget.
Animal Friends of the Valleys has expressed an interest in operating the Shelter on a long-term
basis. Therefore, if approved by the lP A, AFV would operate the Shelter through a contract with
the lP A. The contract would only include shelter operations; field services would continue to be
contracted separately by the member agencies directly with AFV.
Annexations/Incorporations
Annexation of any area by any member agency will result in that member assuming fiscal
responsibility for the area annexed. The additional annexation will result in a re-calculation of
the percentages used for cost allocation. In the event of an incorporation within the boundaries
of the lP A, the County reserves the right to contract with the newly formed city if the city does
not join the lP A.
Member Agency Withdrawingfrom JPA
Any member agency wishing to terminate their participation in the lP A, pursuant to the
Agreement, will pay (1) their portion of the outstanding bonds, based on their then current
percentage of animals sheltered, if any indebtedness has occurred; (2) any unpaid portion of their
administrative costs of the lP A and; (3) any unpaid portion of their share of the operating costs
of the shelter.
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Officers of the JP A
Since the County has staff dedicated to providing day-to-day administration of its public benefit
corporations and lP As, County staff will serve as staff to the lP A. The County Treasurer and
Controller will act as the lPA's treasurer and controller respectively. The Agreement does allow
for any member agency's staff to serve as staff to the lP A.
Allocation of Costs
Exhibit C contains the allocation table for each member agency provided by AFV and the
allocation of the debt repayment and operational costs.
Executive Management Committee
In addition to lP A administration, an Executive Management Committee, comprised of city and
county staff, will be formed to provide oversight. This oversight will include, but not limited to,
debt issuance, contract negotiations and financial reporting.
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AGE('JDA ITEM NO.
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JOINT POWERS AGREEMENT
BETWEEN THE COUNTY OF RIVERSIDE AND
THE CITY OF CANYON LAKE;
THE CITY OF LAI(E ELSINORE;
THE CITY OF MURRIETA; AND
THE CITY OF TEMECULA;
CREATING THE
SOUTHWEST COMMUNITIES FINANCING AUTHORITY
(Animal Shelter)
This Joint Powers Agreement, dated for convenience as of November 30,2004, by and between
the County of Riverside (hereafter refelTed to as "COUNTY"), and the City of Canyon Lake ("Canyon
Lake"); City of Lake EI~inore ("Lake Elsinore"); City of Murrieta ("Murrieta"); and City ofTemecula
("Temecula"), collectively the "Cities" each body being a body corporate and politic of the State of
California, or public entities or agencies of the State of California;
"........
RECITALS:
WHEREAS, COUNTY and Canyon Lake; Lake Elsinore; Murrieta; and Temecula have mutual
interests in joining together to develop within the geographic area common to all parties, a plan or
program to construpt and operate an animal shelter located within the geographic boundaries as attached
hereto in Attachment A, in compliance with State laws and regulations; and
WHEREAS, it is the interest and desire ofthe parties to enter into a Joint Powers Agreement to
establish SCF A as a public entity, separate and apart from the parties hereto, as hereinafter described and
set forth, which entity shall then set about the task of accomplishing the purpose ofthis Joint Powers
Agreement in a manner most capable of promoting the greatest public good and welfare; and
WHEREAS, the parties hereto are each empowered by law to provide for the animal shelter needs
to eligible residents of each entities either directly, or by contract or similar alTangement;
~ NOW, THEREFORE, in consideration ofthe above recitals, ofthe mutual promises and
agreements herein contained and for other valuable consideration, the parties hereto agree as follows:
1 AGENDA ITEM NO. 3 7
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SECTION 1. PURPOSE
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This Joint Powers Agreement (hereinafter referred to as "Agreement") is made pursuant to the
provisions of Article 1, Chapter 5, Division 7 of Title 1 (commencing with Section 6500) ofthe
Government Code of the State of California, (hereinafter referred to as the "Act") for the express purpose
of constructing, and housing animals, also known as operating an animal shelter, to serve residents of the
parties hereof. It is the intent of this Agreement that none of the decisions regarding field service
boundaries or levels of service for animal control for each of the member entities shall be affected by the
creation of this JP A, or by membership in this IP A.
The purpose of this Agreement shall be accomplished and !he common powers of the parties
hereto exercised in the manner hereinafter set forth.
SECTION 2. CREATION OF AUTHORITY
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Pursuant to the Act, there is hereby created a public entity to be known as the Southwest
Communities Financing Authority ("SCF A"). SCF A shall be a public entity, separate and apart from the
parties hereto, and as provided by law and not otherwise prohibited by this Agreement, shall be
empowered to take such actions as may be necessary or desirable to implement and carry out the purpose
of this Agreement.
SECTION 3. TERM
This Agreement shaH become effective as of the date hereof and shaH continue in full force and
effect until terminated as provided in Section 4. below.
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,ACENDA ITEM NO. 3 7
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SECTION 4. TERMINATION AND AMENDMENTS
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(a) The parties hereto may amend this Agreement by mutual written consent.
(b) The parties hereto may terminate their participation in the Joint Powers Authority, and this
Agreement as provided herein.
(c) If SCF A has incurred no obligations each party may terminate this Agreement by giving not
less than sixty (60) days written notice thereofto the all other parties.
(d) If SCF A has acquired any indebtedness, fiscal obligation, and/or any property, each party
hereto may terminate this Agreement by giving twelve (12) months written notice thereof to all other
parties subject to the provisions of Sections 4(e) and 4(f) herein.
( e) This Agreement carmot be terminated until all forms of indebtedness, and/or fiscal obligation
incurred by SCF A have been paid, or adequate provision for such payment shall have been made.
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(f) In the event the Agreement is terminated, any property acquired by SCF A from the effective
date of this Agreement, including but not limited to money, shall be divided and distributed between the
parties in proportion to the contributions made, including contributions made as provided in Section 10
below, unless otherwise required by law.
SECTION 5. POWERS AND DUTIES OF SCFA
SCF A shall have the powers common to the parties to this Agreement to:
(a) Exercise those powers enumerated in the Act as the same as now exists or as may hereinafter
be amended:
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(b) Do all acts necessary or convenient to the exercise of the foregoing and to accomplish the
purposes of this Agreement, including but not necessarily limited to the following:
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(I) to make and execute all contracts, agreements, and documents including, without
limitation, agreements with any ofthe parties to this Agreement, other local governments, agencies or
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departments, the State of California, the United States of America, or agencies thereof, or any entity,
person or corporation of any kind or nature whatever;
(2) to employ agents, servants and employees;
(3) to acquire, hold and dispose of property, both real and personal;
(4) to acquire, construct, maintain, manage, operate and lease buildings, works and
improvements;
(5) to accept gifts;
(6) to sue and be sued in its own name;
(7) to apply for and receive any available federal, State and/or local grants;
(8) to employ legal counsel;
(9) to employ consultants;
.....,
(10) to adopt a budget;
(11) to incur debts, liabilities and obligations;
(12) to establish a treasury for the deposit and disbursement of funds and monies,
according to the policies and procedures set forth in this Agreement;
(13) to invest any money held in the treasury that is not required for immediate necessities
of SCF A, as SCF A determines is advisable, in the same manner and upon the same conditions as local
agencies pursuant to Section 52601 of the Government Code.
(14) to issue bonds and other evidences of indebtedness for the construction of an animal
shelter, and the consent ofthe Governing Board of each member to participation in this Joint Powers
Authority shall be deemed consent for the issuance of bonds by SCFA, as required under Government.
Code section 6500 et seq.
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The listing of the above acts is not intended to indicate any priority of one act over another. Nor is
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such listing intended to be inclusive, and other acts may be done in the accomplishment of the purposes of
this Agreement as are authorized. One or several acts may take place concurrently or in sequence.
SECTION 6. CREATION OF THE BOARD OF DIRECTORS
(a) Creation of the Board of Directors. In order to effectuate the purposes of this Agreement as
set forth herein, SCF A shall be governed by a Board of Directors (hereinafter called the "Board"), and all
of the powers of SCF A shall be exercised by the Board.
(b) Membership. The Board shall be composed of the following members:
(1) One (1) member of the Board of Supervisors of Riverside County;
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(2) One (1) member ofthe City Council of the City of Canyon Lake;
(3) One (1) member of the City Council of the City of Lake Elsinore;
(4) One (1) member ofthe City Council ofthe City of Murrieta;
(5) One (1) member of the City Council of the City of Temecula.
.....;,:
(c) Designation of Members. Members shall serve on the Board during the term for which they
are a member of the Board of Supervisors, or a member of the City Council from which they are
appointed. A member's position on the Board shall automatically terminate if the term of the elected
public office of such member is terminated.
(d) Reimbursement. The Board may provide for reimbursement of reasonable expenses incurred
in connection with a member's service on the Board.
(e) Quorum and Transaction of Business. Three (3) members of the Board shall constitute a
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quorum. A vote ofthree (3) ofthe members present shall be required to take action, except for
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adjournment of a meeting which shall require only a majority ofthose present. No proxy or absentee
voting shall be permitted.
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(f) Meetings. The Board shall establish the time and place for its regular and special meetings.
The dates, hour and location of regular meetings shall be fixed by formal action ofthe Board. The Board
shall hold at least one (1) regular meeting every calendar year. Special meetings and adjourned meetings
may be held as required or permitted by applicable law.
(g) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular,
special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the
provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government
Code).
(h) Rules. The Board may adopt, from time to time, such rules and regulations for the conduct of
its meetings and activities as it may deem necessary. In the absence of specific rules for SCF A meetings,
the rules of the Board of Supervisors shall be applicable for the conduct of meetings of SCF A.
.......,
SECTION 7. FISCAL OBLIGATIONS OF THE MEMBERS
It is the intent of the members of SCF A that the following fiscal obligations shall be agreed upon
for all members:
(a) Debt repayment of any bonds issued by SCF A - shall be paid by each member based on the
percentage of animals housed at the facility, on an annual basis.
(b) Administration costs of the SCF A - includes, but not limited to the following items: stipends,
legal fees, audit, costs, administrative fee, mileage reimbursement - shall be borne equally by all
members of SCF A.
.......,
6
AGENDA ITEM NO. J 7
. PAO!~Of3.L
(c) Operation of animal shelter - shall be paid by each member based on the percentage of
"........
animals housed at the facility, on an almual basis.
(d) Determination of the percentages for sub-sections (a) and (c) shall be made on an annual basis
in January based on the usage information received for the preceding calendar year. The percentages
shall be designated for calculation starting July 1 sl of that same calendar year.
( e) Annexations of any area by any member shall result in that member assuming fiscal
responsibility for the area annexed. The additional annexation shall result in a re-calculation of
percentages of (a) and (c).
(f) Incorporation of any geographic area served by SCF A, and in the event of the new city not
joining as a member in SCF A, COUNTY shall reserve the ability to contract directly with the new city for
animal services.
(g) Any member agency withdrawing from SCFA agrees to payment of the current percentage of
~
the following:
(i) After the issuance of bonds, the member agency agrees to payment ofthe member
agency's current percentage of the amount of the outstanding bonds.
(ii) Any unpaid portion of the administrative costs of SCF A, calculated up to the effective
date of termination of participation in SCF A of the member agency.
(iii) Any unpaid portion of the operation costs of the animal shelter, calculated up to the
effective date of termination of participation in SCFA of the member agency.
SECTION 8. OFFICERS AND EMPLOYEES
(a) Chairperson and Vice Chairperson. The Board may select a chairperson and a vice
"........
chairperson from among its members at its first meeting, and annually thereafter. The term of the
Chairperson and Vice Chairperson, when selected in this manner, shall be for one (1) year.
ACENDA ITEM NO.. 3 7
PAO!-LLoF2L
7
In the event that the Chairperson or Vice Chairperson so elected resigned from such office or
ceases to be a member of the Board, the resulting vacancy shall be filled at the next regular meeting of the
~.
Board. In the absence or inability ofthe Chairperson to act, the Vice Chairperson shall act as
Chairperson. The Chairperson, or in the Chairperson's absence, the Vice Chairperson, shall preside at
and conduct all meetings of the Board.
(b) Treasurer. The Treasurer ofthe County of Riverside shall be and shall act as the Treasurer of
SCF A. The Treasurer shall have the custody of SCF A's money and disburse SCF A funds pursuant to the
accounting procedures of the County of Riverside. The Treasurer shall assume the duties described in
Section 6505.5 of the Government Code, namely: receive and receipt for all money ofSCFA (with the
exception of any bond proceeds which shall be deposited with the Trustee bank) and place it in the
Treasury of the Treasurer to the credit of SCF A; be responsible upon an official bond as prescribed by the
Board for the safekeeping and disbursement of all Agency money so held; pay, when due, out of money
of SCF A so held, all sums payable, only upon warrants of the officer performing the functions of the
Controller who has been designated by SCFA or the Board; verify and report in writing in conjunction
~
with the annual audit of SCF A and to the parties to this Agreement the amount of money held for SCFA,
the amount of receipts since the last report, and the amount paid out since the last report; and perform
such other duties as are set forth in this Agreement or specified by the Board.
Any and all funds ofthe SCF A shall not be commingled with any other funds held by the
Treasurer.
(c) Controller. The Auditor/Controller ofthe County of Riverside shall be the Controller of
SCF A. The Controller shall draw warrants to pay demands against SCF A when such demands have been
approved by the Board or by any other person authorized to so approve such by this Agreement or by
resolution ofthe Board. The Controller shall perform such duties as are set forth in this Agreement and
~
such other duties as are specified by the Board.
~
8
AGENDA ITEM NO. 3 7
PACJe l~ OF~
There shall be strict accountability of all funds and reporting of all receipts and disbursements.
~ The Controller shall establish and maintain such procedures, funds and accounts as maybe required by
sound accounting practices. The books and records of SCF A in the hands of the Controller shall be open
to inspection at all reasonable times by representatives of the parties to this Agreement.
(d) Program Administrator. The Executive Officer for the County of Riverside, or designee,
shall be the Program Administrator for SCF A. The Program Administrator, or designee, shall direct the
day-to-day operation of SCF A. The Program Administrator shall serve subject to the Board's policies,
rules, regulations and instructions, and shall have the powers described in this Agreement and those
delegated and assigned by the Board, including, without limitation:
(I) to appoint, remove and transfer employees ofSCFA, including management level
officers, subject to the conditions of employment of these individuals as employees of SCF A, except for
the Treasurer, Controller and Attorney of SCF A and such others as the Board may designate;
/"'"'
(2) to enforce all orders, rules and regulations adopted by the Board relating to the
regulation, operation, or ~ontrol of funds, facilities, properties and apparatus of SCF A;
(3) to authorize expenditures whenever the Board shall have approved and authorized any
work, improvement or task and shall have budgeted or appropriated the necessary money therefore;
(4) to have custody of and accountability for all property ofSCFA except money.
(5) The Program Administrator, with the approval of the Board, shall contract with an
independent certified public accountant or firm <;>r certified public accountants to make an annual audit of
the accounts and records of SCF A, and a complete written report of such audit shall be filed as public
records annually, within six (6) months of the end of the fiscal year under examination, with each ofthe
parties to this Agreement. Such annual audit and written report shall comply with the requirements of
Section 6505 of the Government code. The cost of the annual audit, including contracts with, or
~ employment of such independent certified public accountants in making an audit pursuant to this
9
ACENOAITEM NV. 37
PA01:.-1.3.-Of~
Agreement shall be a charge against funds of SCF A available for such purpose. The Board, by
unanimous vote, may replace the annual audit with a special audit covering a two-year period.
......,
( e) Consultants. Subject to the availability of funds, the Board may employ such consultants,
advisors and independent contractors as are deemed necessary and desirable in implementing and carrying
out the purposes ofthis Agreement.
(f) Attorney for SCF A. The offices ofthe Riverside County Counsel, or counsel as retained
directly by SCF A shall be the attorneys for SCF A. The Board may employ by contract or otherwise,
specialty counsel.
SECTION 9. EXECUTIVE MANAGEMENT COMMITTEE
There shall be an Executive Management Committee established consisting of the County
......,
Executive Officer, or designee of COUNTY, and City Managers, or designees of CANYON LAKE,.
LAKE ELSINORE, MURRIETA, TEMECULA and any other member city who may join SCF A. The
Executive Management Committee shall meet as necessary to review the operations and business of
SCFA.
SECTION 10. REIMBURSEMENT
Officers and employees of the parties (excepting members of the Board) designated in this
Agreement to provide services for SCF A shall be reimbursed by SCF A for their actual costs of providing
such services. In addition, additional services provided by officers and employees of the parties pursqant
to contracts with SCF A shall be reimbursed as provided by the contracts. All reimbursements by SCF A
,....."
shall be made after receiving an itemized billing for services rendered.
10
ACENDAITEM NO. 3 7
PAOE~OF 3Y
SECTION 11. FISCAL YEAR
""'"
The fiscal year of SCF A shall be the period commencing July I of each year and ending on and
including the following June 30.
SECTION 12. CONTRIBUTIONS BY THE PARTIES
The parties to this Agreement may provide contributions in the form of public funds and/or in-
kind s~rvices, equipment, furnishings, office space and other kinds of property which may be reasonably
necessary for SCFA to accomplish the purposes of this Agreement.
r'
SECTION 13. EMPLOYEES OF SCFA
(a) Riverside County Employees There shall be no individuals directly employed by SCFA.
"Employees" for the purposes of indemnification and defense provisions herein shall be shall mean all
persons employed by Riverside County, or any member agency, and assigned to duties for SCFA.
(b) Indemnification and Defense of Employees
(1) With respect to any civil claim or action against any Director, Officer, Employee,
Board Member, Committee Member, or a person who formerly occupied such position, for an injury
arising out of an act or omission occurring within the scope of such person's duties, SCF A shall
indemnify, hold harmless and defend such person to the full extent permitted or required under applicable
.
""'"
sections of the California Government Code.
11
AGENDA ITEM NO. J 7
PACE 15 OF 34
(2) Nothing herein shall be construed to require SCF A to indemnify and hold harmless
any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly
occupied such position, if SCF A has elected to conduct the defense of such person(s) pursuant to an
,..",
agreement reserving SCF A's rights not to pay a judgment, compromise or settlement until it is established
that the injury arose out of an act or omission occurring within the scope of his or her duties with SCFA.
(3) Nothing herein shall be construed to require the SCF A to indemnify, or to provide a
defense for any Director, Officer, Employee, Board Member, Committee Member, or a person who
formerly occupied such position where the individual has acted in an illegal, willful or intentionally
negligent manner giving rise to the claim, or litigation.
(4) The rollowing definitions shall apply to SCF A:
(i) "Directors" shall include the following: Members of the Governing Board of
Directors of SCF A, and the Program Administrator.
(ii) "Officers" shall include all individuals who are defined in "Directors" herein, .
the Treasurer, Controller, and Attorney{s) for SCF A as defined herein.
,..",
(iii) "Employees" shall mean all persons employed by Riverside County, and
assigned to duties for SCF A.
(iv) "Committee Members" shall mean all persons appointed by the Governing
Board to any advisory committee or committees of SCF A, all persons appoint~d by the Program
Administrator to any advisory committee or committees of SCF A.
SECTION 14. LIABILITIES
SCF A shall account separately for all funds collected or disbursed for each party to this
Agreement. It is the intent of the parties, to the extent permitted by law, that the liabilities of each party
"""'"
12
AGENDA ITEM NO. 37
PAOf:J ~ OF 3l\
for the animal shelter services provided to that party's members shall not become a liability of any other
'"
party to this Agreement.
The debts, liabilities and obligations of SCF A shall be the debts, liabilities and obligations of
SCF A alone, and not of the parties to this Agreement.
SCF A shall indemnify, defend ,md hold harmless each party to this Agreement from and against
any and all liabilities, debts, claims, demands or costs (including but not limited to attorney's fees)
arising, or alleged to arise as a result of SCF A's operation or failure to operate.
SECTION 15. NOTICES
Notices required or permitted hereunder shall be sufficiently given if made in writing and
~
delivered either personally or upon deposit into the U.S. Mail, first class, postage prepaid to:
RIVERSIDE COUNTY
Executive Office
County Administrative Center
4080 Lemon Street, 4th Floor
Riverside, CA 92501
Attn: Deputy County Executive Officer - Finance
CITY OF CANYON LAKE
31516 Railroad Canyon Road
Canyon Lake, CA 92587
Attn: City Manager
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92530
",-..
Attn: City Manager
13
ACEr~DA ITEM NO. 3 7
. PAoe~OF 34,
CITY OF MURRIETA
26442 Beckman Court
Murrieta, CA 92562
...",.
Attn: City Manager
CITY OF TEMECULA
43200 Business Park Drive
P.O. box. 9033
Temecula, CA 92589
Attn: City Manager
SECTION 16. OTHER AGREEMENTS NOT PROHIBITED
Other agreements by and between the parties to this Agreement or any other entity are neither
prohibited nor modified in any manner by execution ofthis Agreement.
"""-'
SECTION 17. SEVERABILITY
If any section, clause or phrase of this Agreement or the application thereof to any party or any
other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it
shall be deemed severable and the remainder of this Agreement or the application of such provision to the
other party or other persons or circumstances shall not be affected thereby.
...",.
14
AGENDA ITEM NO. 3 7
. "- PAoe-ILOF '3 Lf
SECTION 18. NONASSIGNABILITY
"......
The rights, Titles and interests of any party to this Agreement shall not be assignable or
transferable without the written consent of the Board of Supervisors for Riverside County, and the
Governing Board of any of the other parties to this Agreement.
SECTION 19. MISCELLANEOUS
(a) Section Headings. The section headings herein are for conyenience of the parties only, and
shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the
provisions or language of this Agreement.
"..-..
(b) Laws of California. This Agreement is made in the State of California, under the Constitution
and laws of such State, and shall be construed and enforced in accordance with the laws of the State of
California.
( c) Construction of Language. It is the intention of the parties hereto that if any provision of this
Agreement is capable of two constructions, one of which would render the provision void and the other of
which would render the provision valid, then the provision shall have the meaning which renders it valid.
(d) Cooperation. The parties to this Agreement recognize the necessity and hereby agree to
cooperate with each other in carrying out the purposes of this Agreement including cooperation in
manners relating to the public, accounting, litigation, public relations and the like.
(e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the
successors of the parties hereto.
"..-..
15
ACfNOA ITEM 1'tV. J 7 .
. PAoe--1!i.- OF '1 ~
(f) Publication Rights. Each party to this Agreement shall have the right to duplicate, at its own
expense, any and all documents and reports created or acquired, in the joint exercise of powers hereunder
~
by the Board or by any other party hereto pursuant to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to
by their proper officers thereunto duly authorized as of the date first above written.
COUNTY OF RIVERSIDE
By:
Dated:
Chair, Board of Supervisors
ATTEST:
Nancy Romero, Clerk of the Board
~
By: __
Deputy
Dated:
[Seal]
Approved as to form and content:
William C. Katzenstein, County Counsel
By:
Deputy County Counsel
CITY OF CANYON LAKE
By:
Dated:
Mayor, City Council
......,
16
ACENDA ITEM NO. -:3 7
PAoe ~O OF 3_lf__
ATTEST:
,.....
By:
[Seal]
Deputy
CITY OF LAKE ELSINORE
By:
---.- ATTEST:
By:
[Seal]
Mayor, City Council
Deputy
CITY OF MURRIETA
,-
By:
Mayor, City Council
Dated:
Approved as to form and content:
City Attorney
Dated:
Dated:
Approved as to form and content:
City Attorney
Dated:
17
ACENDA ITEM NO. '3 7
PA01E~OF '5t.L
ATTEST:
By:
[Seal]
Deputy
CITY OF TEMECULA
By:
ATTEST:
By:
Mayor, City Counc.il
[Seal]
Deputy
.....,
Dated:
Approved as to form and content:
City Attorney
Dated:
......,
Dated:
Approved as to form and content:
City Attorney
......."
18
ACENDAITEMNO. '].7 .
PAOE ~)..~
,-...
EXHIBIT B
~
r--
. AGENDA ITEM NO. J 7
PAn! ':)..3 OF~
. :---
$11,150,000
County of Riverside
Certificates of Participation
(Animal Shelter)
~
Sources & Uses
Dated 01/0112005 I Delivered 01/01/2005
. .,..
Sources Of Funds
Par Amount of Bonds
_..._..__ SII.!.~.~~Q9..Q:Q9_
Total Sources
__.._._________.__u__ .
.._n_.____~,~_5..Q.Q..O.!l:~_
Uses Of Funds
TO~!....lJnde.rwri~<:!::s Dis.<:?~nt J9~Q~~t_.._...__.._..__.m.__..._._._____ .._.._...n."____. __._ __.__ ..__..._.__m._____._________.._. 89,20..Q:Q<?_
~~~_cf..!~~E<:~____. ....m _ __ . .____...__ ___. ____._._._ ...'n_____._____....... .._. ... .__. __.._. n__..____..____ _.____.._ __no. ._..m___ _ _.!QQ.,GOO _00
Qro~~?!'!i Insurance !,~,?~m (JQ-O bpL____ _.._ .___.____ __ _.._..__ _ _____ ____ _.____ _____ _._.____ Jl2,794.00_
~~~~o Debt S~rvice Reserve Fund (~SR!:L__._._~_____d_____._ ________ 834,200.00
Dep()si.!...~ Cai>italized Inlerest (elF) Fund_ _._____.__n _____.______.. 1,003,500.00
~p<lsit_.~o Pr~~~~_~n.s~~cti?n_~u~<l_d___._..__ ... _________.._._______ __..._.._.__ ..n.._____ _...._._nn______ ___~,OOO,OOO.OO.
ROu':'.~.K~!~.ou!l!_____._____ ____._____nd..n __ ___on _...__...__.___..____.h.___._ _______.___________________n 3,306_OQ..
Total Uses
SII,150,000.00
.....,
ACENDA ITEM NO.
PAOE ~ Y
J1
of2-4
2004 JPA Animal Sheher 1 SINGLE PURPOSE 1 9/2212004 I t:35 PM
$11,150,000
I""'" County of Riverside
Certi ficates of Participation
(Animal Shelter)
Debt Service Schedule
Date
Principal
Total P+I
,........
01/0 i /2005
01/01/2006
01/01/2007 160.000.00
01/01/2008 170,00000
..J.l..I.i~!~Q~_..__ _. ___ ..__.I~~Q9.Q,Q~.____
01/01/2010 195.000.00
01/01/201 I 205,000.00
0110112012 220,000.00
01/0112013 230.000.00
_ 0 I/O li20 I '!._______ .u__ _.__245,-Q.Q()c<!Q.__.._ .....
01/0112015 260.000.00
01/01/2016 275,000.00
01/0112017 290,000.00
0110112018 310.000.00
_.i>..!.~I~_O.!2._...___ ..... _....____.:l.~5.!Q_~0})Q..
01/0112020 345,000.00
01/0112021 370.000.00
0110112022 390,000.00
01/0112023 415,000.00
__~!~~1I2_02.'!.. _ 44.9,().QQ,()() _
01/01/2025 465,000.00
01/01/2026 490,000.00
01/01/2027 520.000.00
01101/2028 555.000.00
.J!.~Q!~Q.2J___ _..____ ..__...._1.~~.!QQQ:()Q.
01/01/2030 620.000.00
01/01/2031 660,000.00
01/0112032 700,000.00
0110112033 740.000.00
01/0112034 785,009.00
Total
SII,ISO,OOO.OO
Yield Statistics
Coupon
Interest
669,000.00 669.000.00
669.000.00 829.000.00
659,400.00 829,400.00
_.. ..0_2,~OQ,g.()__m _,,,_.. . ..._~~4.,.?.9~()Q.
638,100.00 833,1 00.00
626,400.00 831.400.00
614,100.00 834.100.00
600,900_00 830.900.00
..__ ..n_ __.._ _.~J,I O~Q()__....___ ___._?:'l,1 00.00
572,400.00 832.400.00
556,800.00 831,800.00
540,300.00 830,300.00
522,900.00 832.900.00
50~,.3()'<>,90 . _..?J9.J.QQ,QQ
484,800.00 829.800.00
464,100.00 834,100.00
441,900.00 831,900.00
418,500.00 833,500.00
~93.~OQ:Oo._ ..~1~!600.()Q.
367,200.00 832,200.00
339,300.00 229,300.00
309,900.00 829.900.00
278.700.00 833,700.00
245~Q9:!1(}___..... _.. _ . Jll().!<$OQ:()()
210,300.00 830.300.00
173,100.00 833,100.00
133.500.00 833,500.00
91,500.00 831,500.00
4!J 00.0(j 832,100.00
S12,808,800.00 S23,958,800.00
6.000%
6.000"/0
6.000%
.--.------,------...- ---.--.
6.000%
6.000"/0
6.000%
6.000%
6.000"/0
- ---- .-....---.--. --,--"---._.-
6.000"/0
6.000"/0
6.000%
6.000"/0
n.....__~.:.QQQ~_
6.000"/0
6.000%
6.000%
6.000%
6.000%
-- ---.--- -----.-.--...---..
6.000%
6.000%
6.000"/0
6.000%
6.000"/0
.. ._.__,.. __ _.._.__.... _.._ ..__~ . ___n___ ._u_
6.000%
6.000%
6.000%
6.000%
6.000"/0
Bond Year Dollars
~ ver2ge life
A veragc Cou~~.
u __.___..___ ._..._..._..._______.._. ..._.............__ ..._....__ __._.______.__.__.______.____. $213,480.00
..____.__~__._.__.n__..___.___.___.nm.__....__._.._~..._~_ _. ~_.__.__ ..._.___....__.._.~6 Ye~s_
6.0000000%
Nellnterest Cost (NIC) .~---.__...__------..---__-----..----...------ 6.0417838%
True Inlerest Cost -C!:r.C} _n_._....____~._._..:...__ _ ___m_'_'''__'''___'_ ....__._.. .....___ _..____. ....... n _...._._._n_. _......_ _.____ ___.__' 6.(j7 53.?~!"..
Bond Yi~d.!or Arb~~g<:...I'.'.'_'P.~~<:'s__ m_____n._ ._............_.._.____..__.._......u .._._....l?:.I.Q..I}80~.~._
All Inclusive Cost (AIC) _______.__.___. _____ 6.2650292%_
IRS Form 8038
Net Interest Cost
r Wei~hted Average Maturity
Estimated
$11,150,000
County of Riverside
Certificates of Participation
(Animal Shelter)
Net Debt Set-vice Schedule
........,
Date Principal Coupon
Interest
Total P+I
DSR
CIF
Net New D/S
I
f
I
i
l
01/01/2005
01/01/2006 669,000.00 669,000.00
01/01/2007 160,000.00 6.000"/0 669,000.00 829,000.00
01/01/2008 170,000.00 6.1)00"/0 659,400.00 829,400.00
. 0 1/0 !!~009 .._hU ___!..?5,OOO.00___ j.i>QO% _._._ 649,2QO.0Q....__-1!.90~:2..<?__ _____ .__:_ __ ___._ .._. .
01/01/2010 195,000.00 6.000% 638,100.00 833,100.00
01/01n01l 205,000,00 6.000% 626,400.00 831,400.00
01/0112012 220,000.00 6.000% 614,100.00 834.100.00
01/0112013 230,000,00 6.000% 600,900.00 830,900.00
_Ol/Q!'~Q.!.'!._ ___.__~_'OOO:OO._m 6.000"/0 ____ 587,1()Q,.99____ _J32,JQ.9~_L.__ _______ _____hUh .d_
01/0112015 260,000.00 6.000% 572,400.00 832,400.00
01/01/2016 275,000.00 6.000% 556,800.00 831,800.00
01/01/2017 290,000.00 6.000% 540,300.00 830,300.00
011011201 & 310,000.00 6.000% 522,900.00 832,900.00
01/01/2019 .n__...J?1.QOO.OO__~:~% _._.h.._.__?~L~9.Q:.~<!...._..~~~,}QQ:<?~._.__.. dU ._.._ .u m.m___"''''
01/0112020 345,000.00 6.000% 484,800.00 829,800.00
01/01/202l 370,000.00 6.000"/0 464,100.00 834,100.00
0110112022 39.0,000.00 6.000"/. 441,900.00 831,900.00
01/01/2023 415,000.00 6.000% 418,500.00 833,500.00
_.9!~0.!!~9l4_.._. u...'!.'!Q,,<>()0~09__. . .6:~~....~n~().Q.0 _ . u~:n,600.00
01101/2025 465,000.00 6.000% 367,200.00 832,200.00
O:!O!'2026 490,000.00 6.000% 339,300.00 829,300.00
01/0112027 520,000.00 6.000% ~309,900.00 829,900.00
01/01/2028 555,000.00 6.000"/0 278,700.00 83~,700.00
01/0 112029 ___. 585,9Q.~9_~__~.000% .___1~,~<!:0_~ ___~~O','!QQ.()~__ u_m_
01/Oln030 520,000.00 6.000% 210,300.00 830,300.00
01/01/2031 660,000.00 6.000% 173,100.00 833,100.00
01/0112032 700,000.00 6.000"/0 133,500.00 833,500.00
OI/OlnOD 740,000.00 6.000"/0 91,500.00 831,500.00
..J!!i<!Jg~~.____ _ ~.?~QQ:2..0__~QQQ"~____.~,.L0(W(). .._..__ _._ _8}~, 1.()9..QQ_
Total SII,150,000.00 SI2,808,800.00 . $23,958,800.00
(669,000.00)
(334,500.00)
494,500.00
829,400.00
834,200.00
833,100.00
831,400.00
834,100.00
830,900.00
..___ __ 832,100.00
832,400.00
831,800.00
830,300.00
832,900.00
u~~~,lOO.~_
829,800.00
834.ioo.00
831,900.00
833,500.00
l!.3~$_0.9Q.
832,200.00
829,300.fJO
829,900.00
833,700.00
. ._.8~Q,~Q()cO.!l_
830,300.00
833,100.00
833,500.00
831,500.00
u_J~~4,2_QQ.!lQL_._.__..~____": __.. ____.!2_'_!Q9.:..~Q>.
(834,100.00) (1,003,500.00) S22,12I ,100.00
-I
Estimaled
$11,150,000
~ County of Riverside
Certificates of Participation
(Animal Shelter)
Pricing Suollnary
Type of
Maturity Bond Coupon Yield
01/01/2007 Serial Coupon 6.000% 6.000%
01/01/200& Serial Coupon 6.000% 6.000%
01/0112009 Serial Coupon 6.000% 6.000%
0110112010 Serial Coupon 6.000% 6.000%
01/01/2011 u_~e~~~~~LJjJO"-_____ _~.09~~~___.____.i~~o/.O.h'___"'_
01101/2012 Serial Coupon 6.000% 6.000%
01/01/2013 Serial Coupon 6.000% 6.000%
01101/2014 Serial Coupon 6.000% 6_000%
01/0112015 Serial Coupon 6J11)0% 6_000%
__0 I/O 1120_lj ..~.!':~_a_I.~~jJ()rln _6.Q(l0%_j ~O~h'___
01/0112017 Serial Coupon 6_000% 6.000%
01/01/2018 Serial Coupon 6.000% 6.000%
0:/0112019 Serial Coupon 6.000% 6.0000/0
01/0112020 Serial Coupon 6.000% 6.000%
0110112021 ______~~I CouP~-,,__________6.~Qo/.___ ___~~.~
01/0112022 Serial Coupon 6.000% 6.000%
0110112023 Serial Coupon 6_000% 6.000%
0110112024 Serial Coupon 6.000% 6.000%
01/0112025 Serial Coupon 6.000% 6.000%
01/0 II20lL__u. __S'<:.ri.~~~lIP.<!~ ______ _n _~:QQO.~~._...___ __~Q<>o.~O_h_'U'''''_'_
01/0112027 Serial Coupon 6.000% 6.0000/0
01/0112028 Serial Coupon 6.000% 6.000%
01/0112029 Serial Coupon 6_000% -, 6.000%
01/0112030 Serial Coupon 6.000% 6.000%
....Q!/OI1203 ~_ _ ____Serial C~r:.__. __ _ _6~09_0'Y.___ __. __ _~:~~
01l0i12032 Serial Coupon 0.000% 6.000%
01/0112033 Serial Coupon 6.000% 6.000%
01/0112034 Serial Coupon 6.0aO% 6.000%
Maturity Value
Price
Dollar Price
160,000.00
170,000.00
185,000.00
195,000.00
.__~05,l?<lQ:0.O.. ___.
220,000.00
230,000.00
145,000_00
260,000.00
. . _J7~.~~
290,000.00
310,000.00
325,000.00
345,000.00
..... ____ _ _____..~O-'-~QQ__
390.000.00
415,000.00
440,000.00
465,000.00
h.~~,QQ.Q;o.o..
520,000_00
555,000.00
585,000.00
620.000.00
.___.660,QQ.0:9Q_.
700,000_00
740,000.00
785,000.00
SII,150,000.00
100.000%
100.000%
100_000%
100.000%
160,000.00
170,000.00
185.000.00
195,000.00
_.lO_5,Qoo OQ
220,000.00
230,000.00
245,000.00
260,000.00
2~,QQQ~
290,000_00
310,000.00
325.000.00
345,000_00
.}70,OOQ.~
390,000.00
415,000.00
440,000.00
465.000.00
..un h __. _m.__..~.~.Q.OQ.QQ..
520,000.00
555,000.00
585,000.00
620,000.00
._6_~Q,OO.Q.00_
700,000.00
740,000.00
785,000.00
S 11,150,000.00
100.000%
100.000%
100.000%
100.000%
100.0000/0
100.000%
.....---.-.......----
100.000%
100.000%
100.000%
100.000%
100_000%
____.______h_______ _
100.0000/.
100.000%
100_000%
J 00.000%
) oo_OOv%
n___n._______n
100.000%
100.000%
100_000%
100.000%
100.000%
.----+--- --~- .--
100.000%
100.000%
100.000%
~
Total
Bid Infof"mation
j.
Par Amount of Bonds
-- --------
Gross Produclion
~1!,1_~Q,000.00
_____00_._$_11,150,000.00
T0L11 Underwriter's Discount (O-&Ooo/.~_n______~_~~___ .m__h,__ _n.____nn___u_._____. _____ __._h_.__~89,loo.ooL
Bid (99.200%)______._____.______ _n___________n________~__m_un__ _ __________00___. ______ _ .______nl.!~60,800.:~.Q.
T 01.11 Purchase Pri'Z___~.____ __h. ___00_______. ___ _._ .___________ __ __00
~~0?0,800-0.Q.
Bond Year Dollars
--------.-.----.-
A verage Life
Average Coupon
_~~~,4~!>oOQ_
19.146 Years
----~--~-
._____ _n_____.___ _ _______.___m__ .I!:...~OOO% .
Nel Interest Cost (NIC)
True Inlerest Cost (TIC)
6.1)417838%
6.0753174%
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ACENDA ITEM NO. ~ 7
PAce 30 OF 3'1
, "
AFV Projected Operating Statement for New Shelter
,-
Proposed
Budget
EXPENSES
Advertising $ 2,000.00
Animal Disposal $ 10,000.00
Animal Food $ 25,000.00
Animal Supplies $ 18,000.00
Employee Benefits & Taxes $ 34,000.00
Insurance liability . $ 12,000.00
Maintenance & Repairs $ 57,000.00
NSF Checks $ 2,000.00
Office Expense $ 8,000.00
Operating Supplies $ 10,000.00
Printing Expense $ 5,000.00
Professional Services $ 30,000.00
Rent $ 3,000.00
Salaries & Wages $ 245,000.00
Security $ 4,000.00
T ax-license-Permits $ 1,000.00
Telephone $ 4,000.00
Uniforms $ 1,000.00
Utilities $ 95,000.00
Vet Services $ 5,000.00
Workers Compensation $ 29,000.00
Total Expense $ 600,000.00
Less Donations from Public $ 50,000.00
Total Operating Budget $ 550,000.00
~
~
AGENDA ITEM NO. .~
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ENDA ITEM NO. 3 7
PAOE 3:t OF.3.:f.
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Lake Elsinore Charges & Fees
Oct '03 - Sept. '04 License Revenue
$ 93,258.00
Yearly Payment from City + cites
($7,500 x 12) + citations
TotalRQvenue for Services
94,992.50
$ 188,250.50
Proposed Debt & Services
529,304.00
Increase in Costs
$ 341,053.50
AGENDA ITEM NO. --:3 7
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ACENDA iTEM NO. J 7
PAoe.-3.LOF J ~..2
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
"......
TO: MAYOR AND CITY COUNCIL
FROM: DICK W ATENP AUGH, CITY MANAGER
DATE: DECEMBER 28, 2004
SUBJECT: INTERIMlREPLACEMENT CITY MANAGER
BACKGROUND
At the December 14, 2004 City Council meeting, following the announcement ofthe City Manager's
retirement, effective February 4,2005, the City Council directed staffto bring to the December 28,
2004 City Council meeting options for filling the City Manager's position.
DISCUSSION
In evaluating options for the City Council to consider, it would appear there are several. The City
Council could choose to:
1) Elevate the Assistant City Manager, on an interim basis and hire a recruiting firm to recruit a new
City Manager;
/""
2) Contact the League's Public Services Skills, Inc., and hire an interim City Manager to fill the
vacated City Manager's position while a recruiter searches for a new City Manager.
FISCAL IMPACT
Option # 1, elevating the Assistant City Manager on an interim basis would be the least expensive.
The only extra cost would be the expense to hire a recruiting firm, at an estimated cost of$20,000 to
$30,000 depending on how wide a search the City Council wishes.
Option #2, hiring an interim from Public Safety Skills, Inc. would cost $500 plus the expense ofthe
interim $10,000 to $20,000 per month. In addition, a recruiting firm would cost $20,000 to $30,000
depending on how extensive a search the Council wishes.
In either case, the recruitment for a new City Manager will take 3 to 6 months. The questions to
answer are: Does the Council wish to hire an interim City Manager or elevate the Assistant City
Manager while a new City Manager is located? Also, does the City Council wish to recruit in-house
or hire a recruiting firm?
RECOMMENDATION
It is recommended the Mayor and Council evaluate the options and provide staff direction.
PREPARED BY:
DICK WATENPAUGH, CITY MANAGER
CI~~~
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APPROVED FOR
AGENDA BY:
AGENDA ITEM NO. 3 ~
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