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HomeMy WebLinkAbout12/28/2004 CC Reports CITY OF LAKE ELSINORE "CITY COUNCIL AGEN:DA ROIJERT E. "8OJI" MAGEE, MA YOIl www.LAKE-~lNoKE.ORG =~-=rnM ::::;:=-. DAm lIICkMAN.€OUNCIUfAN" LAKE EISIN'ORE CULUJIW. CENUlt" GIHIE KELtEV.~LWOMAN 183 NORTH MAIN S'I'ltEE'f '" :-',. -,'- " ',' >, -- IUc;HAaDWA.....At1GB. crrv MANAGEIl LAKE EtsIN()RE, CA-9%530 .' - _,_,\:--, :,' _: ,c,:'--,_: - . ,'- , _ . ',- ',' ' ,,' '-~ > ,:" .,", ,'<-''; '><':_':':;"_ ~I, ,.-', , ,,', '. 'ft***.**.*..***********************************************~***.",** 'TUESDAY, DECEMBER 28, 2004 - S:OOP.M~ If~ (Ire f#Nnding this City Council Meeting please parkin 11lB:'" actossth'f':#rertjrom '. tife Cultural Center. This will assist" ' illJplrct ' .. ", .'-"P on the Downtown Business District. Thtiilk ~ ctHJpe ,-., R.~<;~, . ,';'" ---'-',,:.,':.~::.:,>:>>. . ~~ON NCE WITH REAL PROPERTY NEGOTIATOR ent Code ~ 54956.8) , : Lake Elsinore Campground and Day Use FacilitY ,.' , ' , ins Parties:C~ty of Lake Elsinore and Destination ReS<>ri$,LLC'a Galifomia limited liability company.' ' lJJtder'Negotiati~n: price and terms of payment , " b., 'PtJIUC,EMPLOYEE PERFORMANCE EVALUATION ~ City Clerk, , (Govennnent Code ~ 54957) U~9NVENEIN ~QDLlC SI;~SION (7:00 P~M.) INV~A1N!! .... ~Q~NT OF SILENT PRAYER: ~~ALL n 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. c, ~~ ":J> :,: " "1::lpageFive- City CO~DeilAgellda -Deee.ber 28,2004 ,\-..:-,<.: ADm~NT - ':~i:;<..: >::'.~i.~'~:~;;'-:';i:A~~:,~_~::;:::;:'~;'::"-~~-:,- > ';/; :,' ,_~,~:" .: _ '~ 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 ~ 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. ~ PACE___'Q -=OF_ G-: ",....... ........ 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PAOi 13 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 ,.." ,.." ......, ~ OF ))~ ,,-. ........ t-. t-. ~'V LO WN ZI- Dc..> N<( ~ '-" r-. n I ~ o Ow N~ .0 Oz Z- en ~.-J uW W<( ~ W Z'Q z L- 'V' 0 Ul a::: r- ..L >- a::: 0 a... en <( z ~ LL <(I"""\. .<(_...J :iE L...J --' 0 a::: <( LLO ~ en LLOl= <( 0 I..&.. oW 0 N~>-~~t=! .-J ~ S5 ~ u U 0 Ul <( LLW >-:1: ~~ -LL Zo ::> ~ ~ o U ,,- .. ~ s I I ~5~ I ~ ~ ~~ I oz I s: I f I f f I I f '" I g ~S ih: L 1:~lI "tI is.3u I ~;i. ; ~~d! till ;S~ i 1"8 8 D o u i w z 2 ........ to t-. N'V LO WN ZI- Dc..> N<( ~ '-" N <( W ~ <( I- Z W :::E ~ D n:::: a.. :::E ~ en ~ ~!! ! go! ~ !a;.. ; "'iu !!! J<1 a !"u: II b g ~l w --' -< 11l ........ IX) t-. N'V LO WN ZI- Dc..> N<( ~ I- '-" <( w n:::: <( I- Z W :::E ~ D n:::: a.. :::E 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 ......, ......, ~ <I'Ll ~ ",",. EXHIBIT A MAP OF ZONE 1 AND ZONE 2 ~ ,.... AGENDA ITEM NO. ?- PAGE Lf] OF l' '1 ......... l"- I"- .....'<t LO WN ZI- Ou N<( a:: I- ...., t") I ~ o Ow No::: .0 Oz z~ (f) J-.....J UW W<( O:::WZOZ J-~O~~ ~(f)<(~~1.L :::;: O.....J <3 0:: ~ W LL lL.o Z (f)WO ~OI.L o I-- 0 N 1=)- ~~W .....J L- 0 Z I-- r- 0:: ::> <( Uu '-'8~ <( LLW )-I J-J- -l.1.. SO ~ ~ o u I I ~i~ I ~ ct. zo~ I OZ I ~ I I I I I I n I ~ o ~5 ~ iiIl ; ~ J"O~ I~ o lBjtll N .....- r:: b>:S ~ j"O 8 a o u ""*' ......... to I"- N'<t LO wN zl- Ou N<( ~ ...., N <( W a:: <( i !'l2 ~ ~- ! gl ~ !af!- oIII.I'a. I !!! t18 ~;lf! II ~ ~~ g <( ~ "'-" ......... IX) I"- N'<t LO wN ZI- Ou N<( ~ ...., <( w a:: <( I- Z w ::E ~ o a:: n... ::E '-'" 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 ,..... 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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. ......, q:\elsinore\llrnd1\formation\new district\annex no. 4 IIrnd engineer's report.doc 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. ...., q:\elsinore\llmd1\fonnationlnew district\annex no. 4 IImd engineer's report.doc 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. ,,-.. q:\elsinorelllmd1\formationlnew districtlannex no. 4 IImd engineer's report.doc 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. ....,,; q:\elsinore\llmd1\formation\new districtlannex no. 4 IImd engineer's report.doc 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 "" q:\elsinore\llmd1\formalion\new dislricl\annex no. 4 IImd engineer's report.doc ~ 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. ....." q:\elsinore\llrnd1\fonnation\neW district\annex no. 4 "rnd engineer's report.doc 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. ,-.. """ q:lelsinorelllmd1\formationlnew districtlannex no. 4 IImd engineer's report.doc 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 '-' 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: '-' 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. ......, 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 ,--... 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 ......"" AaENDA ITEM NO. 35 "'-" PAGE L\ OF 3 (p ,-... 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. ,-... P:\C2004-07 Mission Trail Medical Plaza\PC Staff Report.doc AGENDA ITEM NO. 35" PAGE 5 OF 3'P 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 "-' 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 "-" AQENDA ITEM NO. J ~ PAGE-k.. OF '!.><P 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- PAGE....:L OF '3 b PlANNING COMMISSION STAFF REPORT DECEMBER 7, 2004 Page 4 of 7 ......, 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 '-'" 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. ,-.. P: \C2004-07 Mission Trail Medical Plaza \PC Staff Repon.doc AGENDA ITEM NO. ]5 PAGE-3- OF 3 Cp PlANNING COMMISSION STAFF REPORT DECEMBER 7, 2004 Page 6 of 7 """ 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. '-"" P:\C2004-07 Mission Trail Medical Plaza \PC Staff Report.doc AGENDA ITEM NO. 3 5: PAGE \ 0 OF :3 ~ 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. ,...... P: \C2004-07 Mission Trail Medical Plaza \PC Staff Report.doc 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. '--' AGENDA ITEM NO. 3) PAGE \ ~ OF 3" """, 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 """ 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 ....., ....., "-' "" 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) ~ ~ L [ I I ________==~ I; / I ! 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UJ t: ~ it < o 0. :z W (J < "'"' 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 ~ ~ ~ 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 J.~ 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 AGENDA ITEM NO. 3i't: PAGEll OF ~ 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.~. '" PAGEJ.3.. OF ~ 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. ~ "" PAGEJ.!L OF ~ ~ 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.~ "'-, PAGE ~O OF -:l. '\ Gregory Infrastructure Agmt 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;.. ,- Gregory Infrastructure Agmt. ATTACHMENT NO. 3 4 . )~ AGENDA ITEM NO. 16, IJ '-', PAGE..l:.LOF ~ q 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: "-'" Gregory Infrastructure Agmt. ATTACHMENT NO. 4 AQENDA ITEM NO.Io/~oh ". PAGE?-:).. OF 1. q -"'" ,..... " 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, -2- 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." . ~ 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: ~ -3- AGENDA ITEM NO. 3 b "'-, PAGE "y OF '1. q ""' 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. ""', 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. -4- AQENOA ITEM NO. 3 b '" PAGE2i OF '1 q 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] -5- AQENDA ITEM NO. 3~ ", PAGE ~b OF Q q ..- ,...." ,...." -.. ......" ,.... 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: -6- AGENDA ITEM NO. .30 .' , PAGE :2.1 OF.2i- Gregory Infrastructure Agmt. EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Exhibit A AQE.OOA ITEM ,;r;o ] ~0llI.~ "'-- PAGE ~ lS OF ?:: ......", ......", -- ......", /"" 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. r'-. 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). ~ 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: ~ .....", AGENDA ITEM NO. PAm: .l 31 OF~ EXECUTIVE SUMMARY Soutbwest Communities Joint Powers Authority (Animal Sbelter) ~ 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. . ~ - 1 - AGENDA ITEM~O. 31 PAGE .J OF ~ EXECUTIVE SUMMARY Southwest Communities Joint Powers Authority (Animal Shelter) ~ 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. "'-" 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. '--' - 2- AGE('JDA ITEM NO. PAOe ~ ]7 OF~ ~ 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 PAce 5 OF 3 LJ_ SECTION 1. PURPOSE ......" This Joint Powers Agreement (hereinafter referred to as "Agreement") is made pursuant to the provisions of Article 1, Chapter 5, Division 7 of Title 1 (commencing with Section 6500) 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 ......" 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. ......" 2 ,ACENDA ITEM NO. 3 7 PACE 0 OF 3~ SECTION 4. TERMINATION AND AMENDMENTS ,..... (a) The parties hereto may amend this Agreement by mutual written consent. (b) The parties hereto may terminate their participation in the Joint Powers Authority, and this Agreement as provided herein. (c) If SCF A has incurred no obligations each party may terminate this Agreement by giving not less than sixty (60) days written notice 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. ,-.. (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: ,-.. (b) Do all acts necessary or convenient to the exercise of the foregoing and to accomplish the purposes of this Agreement, including but not necessarily limited to the following: 3 AGENDA ITEM NO. PAoe 7 37 OF 3 LJ (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 '-' 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. ....., 4 ACENDA ITEM NO. PAC! ~ 37 OF 3~ The listing of the above acts is not intended to indicate any priority of one act over another. Nor is ,..... such listing intended to be inclusive, and other acts may be done in the accomplishment of the purposes of this Agreement as are authorized. One or several acts may take place concurrently or in sequence. SECTION 6. CREATION OF THE BOARD OF DIRECTORS (a) Creation of the Board of Directors. In order to effectuate the purposes of this Agreement as set forth herein, SCF A shall be governed by a Board of Directors (hereinafter called the "Board"), and all of the powers of SCF A shall be exercised by the Board. (b) Membership. The Board shall be composed of the following members: (1) One (1) member of the Board of Supervisors of Riverside County; r"' (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 r"' quorum. A vote ofthree (3) ofthe members present shall be required to take action, except for 5 ACENDA ITEM NO. PAC! 0( 31 OF --3L adjournment of a meeting which shall require only a majority ofthose present. No proxy or absentee voting shall be permitted. ......" (f) Meetings. The Board shall establish the time and place for its regular and special meetings. The dates, hour and location of regular meetings shall be fixed by formal action 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% r" """ EXHIBIT C """ '-' AGENDA ITEM N)!~ PAC! ?-. J OF 3'iu. - ,. "....... D ~ i~ .r Cl () rJ. ---... Q- >. - C :J 0 U 0) "0 II) L- ~ 0) Q) 0 > ~ C") ~ CO 0 --1 ~ C") > C ~ 0 0 CO 0 >. "Ct 0) L- ~ c N 4: ~ co 0 - (f) 0 -1. <t: :E - z <t: 'OCt a a ~ 0 N '? . co (() M - Q.) 0r- a L- a '- :J N ~ >- ~ u. 0 ro 10 0) L.. :J 0) 0 0 ~ c Q) II) E w <1> I- 0) .x. co --1 "....... I ~ *- *- ~I *' *,,*,,:~<o~q MN~~~C")8 (f) ;i~g~~~co~ b~-.~~o~m I- _.- o UJ > W U to cr: (J) ~ ~ ~ o N M 8 N G: ~ to ll) U') ~ <("':g..."''''.... of"-... I"--.e NeD co '" '" '" o I'- (f).... '" ~ 0"'....100>1'-.... o NCOO"'lt'......M o ..-;r-~_ ., C> ..15 x ~ C) .!: n:: <<J a: Il: 3 iti ? !'! ~ (f) <( co., ~ .s?1i> ;t 5 - x E t:1~ I- u6~~~~8 ACENDA ITEM NO. 3 7 PACE ~ ~OF~ - ~ <( a.. .., .... 0) =: 0) .r:. en tV E c: <( CI) 0) ;E c: :J E E o CI) oC;; - 0 ~o ~ tV .r:. :J - c: :J C ~<( 0-0-0 I-O).e - CI) tV m 0 E I 0.._ Xec;; wa..w 0) CI) tVU_ (5~ ~ I-~O iii-o :J_ C'O) C .- <(LL tV 0).... :J .:CI) CI)- C :J CI) <(c 0 00 I lU (;<(2 - a.. CI) .0.., 0 :J 0 en 0) > .. _ lU.... ....::. 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Q) UJ M !J Qj .a o U o c o u Q) 1Il ra .D ~ ra (I) Q) o .~ Q) (I) u Q) u:: ---' 0: 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. .~ PAne "'S \ OF ,- + '" C> C> C> C> C> C> C> C> C> C> C> C> C>~ 0 0::- W'" 00 00 00 00 It) 0 00 at) 0 at) It) W.... uioi aiui ai"": ,...:ati r'iai ~N cici 0 cD wW ~M al U) ~~ o U) ~It) M<D al 0> al It) lLU) <D at) C"!~ 0> U) ....0 <D U) C"!"! <:> C> C> <D >-Z ~ It> It> ~ ~'" ~~ '" <D at) ~ cn..q en I~ rW ~~ ~~ ~~ ~~ ~~ ~~ "'~ U) -u ~ ~ u- '" .... .... 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CJ) CJ) ..J ..J <{ o ill ~ C> N ;: N o ENDA ITEM NO. 3 7 PAOE 3:t OF.3.:f. r" ",,-- r" . -," 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 PAC! 33 OF~ .<l!l ",: --'PU) C o U) .- I- m E o u Q) u .- > I- CIJ U) - m E .- c <C ,.a..I -CD 10 0 E-o .- :J c ~ ~ .0 -0- 101..2:: oIJ ..I-J eel{) l-OM '-U.,....i -tFt- I C CD J-tu I.. .- o i! -0 CD CDU) tJaJ<IJ 10 (I). (f) J... :J ~ 1:0I o J: I U .s > ,.a..I .- U >- <IJ co > o C <IJ ~ o 2:: c o .- - - .- 2:: M . M ~ <IJ (f) ::J o I I C I--i co c o 1- o U C> C> C> .... C> l{) ~ ~ .J-J :J o .J-J U co 1- .J-J C o U -0 co ..0 (f) 1- co U C> N LJ) .... f'.. N LJ) ~ ..J...J :J o ..J...J U co 1- .J-J C o U o u .- u c o u (f) w 00 .....,. C> C> \D .... C> ~ M ~ .J-J :J o .~ .J-J U co 1- .J-J C o U >- co S o 0.. ~ 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~~~ '" APPROVED FOR AGENDA BY: AGENDA ITEM NO. 3 ~ PAGE-L- OF \c~