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Home My WebLink About06/28/2005 CC Reports " . ... " : W~.lAKE-ELSINORE.ORG , .' , ',., "',- , . ,(95i)C;7~:3i24PHONE: " ':, .'(951) 674-2392 FAX . . ~ '."- .' ", , . . : . LAIgi"LSiNO~E.CULTURAL CENTER 'j83'NORTH MAIN STREET , ',', , ~ '.,' /"' h" ',' " ROBERT A. 'BRADY..CITY MANAGER, LA~ ELSINORE, CA 925,30 . , '. ." ,.-, '..:.'" ; -," ." ,.," ,,' '": '.i.. '. . * * *'***.* ** *,***** ** * *** '* *** * ** * ** *** * *** *** * **.*** * **** * *** ****;; . . ~ . .... "TU'ESD';;'.y' '.',TiTN" 'E' '28 '2"0'0'5". '''i.O'O'p' M' ,- , .,. ' . ft' " \Ji'-V:' - - . _. 1i ' ..', ..':",... ,:!:'. '>,>~; '<~__:,~J.:. ;5-<~';',:", <" ':':.;.,:; .:,-;" '. {e/;' -_' e, '.:.ii' ..: '\' '." ~ ,~., b, ,,''- . . , " " .' . d. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION ~ (Subdivision (1) ofGov't Code 954956.9) O'Doherty v; City of Lake Elsinore '(Riverside SuperiorCotirt Case No. RIC 43 I 834). . , ., . -" , . '" . '. ,.- . . ". , . , , . , ,," /, ," '.- ~ , . , . '. ' - ,", ", " . -, . Page Two - City CounciJ,Agenda - JUnt\'28;200S. PLEDGE OF ALLEGIANCE" -' ~'." : " . -, i_i', ," '" ~ '-:-' ". .<:,;:;-',::;-, INVOCATION ,...MOMENT OF'SILENTPRAfFJR. . PRESENT ATIONS/CEREMONIALS - "i;' .. .-".-' . ~- . ',- , . "-'-, . ' A. Proclamation - Lake ApPI:eciatioh Month., '-',"". PUBLIC COMMENTS- NON~AGENDIZEDITEMS -1 MINUTE .. . (Please read & complete a Speaker's FormafthePodiu.m, pFio!-totheStirrt. . ofthe CityCounciIMeetihg) . .... . ..... . . - <" ',.'" -.::", ,- - ,. PUBLICCOMMENTS- AGENDlZED ITEMS.- 3 MINUTES .' . . . (Please read & completea' Speaker's Form atthePodiurri;prior to the Start. of the City Council Meeting. The Mayor will call onyoutospeak,wheh your item is called.) CONSENT CALENDAR - ,," ,. (All matters on the Consent Calendilr are apPfOvyd;oJ1oneinotion,un'lessa Councilmember or any member ofthe public'r~quests separatea2tion oh a . specific item.)' . .. '.' . 1. Minutes a. .' -' ": . ' . Joint City COllncil~edevelopment;AgencyBudgetStudy Session ,May 19,2005. ..; . ..... ..... Regular City Council Meeting:.o. May 24, 2005. b. . , - . . RECOMMENDA nON: ,',," .",', . '-', " "-1,:;' .,.Page'TJlrcet\:-~ityS()iJl1c~lN~~#da~ J\ln~?~; ~p,05. ".,.,' , , ~-;'>:" l '." ~ -.-",; ,: ,''';;~ ,:;:,:',::':.~'~ - ,: --,' ',>--< ,',,','- ,~: ,~-;;;::' '-, , , ' _,'- " -- ""d </! " ~"(., '. -, ' /; -"/ ,-' .,c"',,,;_ ',~' " ,', " .. --,t. ,.">'--,,.-';' ,,:. ,'< 2. .. '-, ;,:,,-,;{,,-,; ,--,,,, ,-,"-.';' , ;"-":"--"-" , <:' ._-,,_<.;" ,,',,';'" . '('. -,",-. . WarraritLi~t ~ June 15:'2005. . <-,; ',' , '.- -'-..,;":.',,::'-';',.--- --,::,',;-' ' "-'--,, ,,-'" REOOMMENDATION: Rl'ltify,; ~i-: -:",;-'; ,-- f_'_ ,:,', _', ''",- ""-,'-.,,.' +:.' ;:::/-V';-;:->, , :"L"~:';:"':':;' ;L'-:~;k::; Approve FihalNfap; and Authorize Dedications' arid'Record~JJion. '\ "-;:~'- -, .;" >,,:"; '.,'-,-i_',"" 4. ',:i;--~'(':--;::\:f"_::':';!:' N' . ',', . '~::,',:;,!,~;.c ,,"-; :,,,\-,,.-_ "REC0MMENDATION: . _ ~;-: " ,:~f' ,_"".:,:-,::_',\',.. _ :_,'_\_' :"':"" , "i' , / , , '~ ' ,.' ' - , ,'> ',,:, ..' ,'Appiov,e};irHiIMap,:ahdAu~h0rize ,. Dedications:andRecordatiori; ;",.". ,c", --;,...' .5 .' . Approval of Final Map 32008, a resioential subdivision by Corman Leigh; located west of Riverside D~iveand'Lakeshore Rrive. .. -,' '". ,..,"', 6 . '_:, ~:', ,""', '"', ,',' . ,. Appr<?ve',FihalMap, and Authorize Dedications and Recordation. ',-' '~'---:'--' 'Y'" __ _: ,", ': _" -, ,', .. ;'"".) '-"';'--' .'RECOMMENDATION:.. . -- -"" ' ~ ~ c _"" _ __" ' -, ' .' ~".,,-.-,.. '; _(_:; _" -,' , .",;.> ,;,;< ;:".',-,:,',/'" ,,-,,' ~. -' '<' ~ .~::fr~~~fJ:fu~~~~:kfJ~,f~~l~~:f.c.~,t~:pi6vi~e'~.it E~gi~~ering "'--'..,j> " :',: ";:. ::--~-+;:~~-~'\~:"; '~~,;> <,<.-,: -:;>",>'''-:<, - ,', ,', ,"' ': ::- . -.'..' . . ,-',' -" . Atithoriz~ ,City; Manager to execute 'agre,eiTIerihyitli)ehri Engiheer:ipg. . .'REC0MMENDATIGH~~ ... 7. '" ',,', "'."",; ; , ','i, >':,_,;'" Page Four - City Council Agenda-'- June 28, 2005 RECOMMENDATioN: RECOMMENDATH!)N: Adopt Resolution' 20.0.5-50.. Adopt Resolution 20.0.5-51. '. Adopt ResQlution 2DD5~.52: ' Adopt Res6Iutioh2DD5-53., Adopt Resolufi0n 2005~54. AdoptR~solutiori 20.0.5-55. .,. "', .,..'-'..'.. , .' .' , 9. Resolution ofintentiori to Arinex.Propertyirito Community'Facilities DistrictNo. 20.0.3-1 (Law Enforcerrient, Fire and Paramedic SeryiCes) and to authorize the levy ofa Special Tax within Aimexation Area No. 13 (Villages at Wasson Canyon). RECOMMENDATioN: Adopt Resolution 20.0.5-56. 10.. Annual Adoption ofInvesfment Policy~/' ," .. -. '-d. .. .',,' :.::,'.'...,- ',:_:" " :....."".,".:-.,H''''.'... - c: .."_.......:,...-....' .... '." .-" .'. '.,' -, RECOMMENDATION: ,':<':<',,-:",".:i-":"-.'::."':H,:, - ........ ,-'-''',''''''.',- '''" Adopt the Inv~stmeniPolicy. II. Fiscal Year End Budget Adjustments. . ~.. . .' RECOMMENDi\ TION: ~, .. .... :.' .. 12. Request for funding of Summer Concert Sei:ies sponsored by the Elsinore Valley Arts Network. .' RECOMMENDATION: " ':, .-.:C"_,-,,,,,,,:"'-''..-,,: .,..,....-.".,...'",.., ..,.... ." .' .,.'.'.'...,."...,_.:..-..... ,"",-..,'C ....'.,:..,.....-.. "..-_ Authorize the use 0[$2;50.0. Of . "" ". unalloca.ted revenues for sponsorship " of the EVAN Summer CoriC(lrt Series. .:i .'- ',- " ,,' - "'"','- - '- . '. ,.-- - ,~, C : ,<: ':,', , -: ,- " _,,, ' . '. ',' _ ' :' - d 3 ...A:u$ori?:ationto ;prepan~~EQACOInpliarice;Documents for Zone ....':,:i1:t~~1~~o~?gl~~~~tdoIt:t~l~~ ~r~c.tMapNo...~3486.(APN:379-. ,.'" '." Authorize City Manager to execute .agreement with LSA Associates to prepareCEQAeoIl1pliance . . Documents for Zone"Ch~mgeNo: 2005~.02aIidTe~tati'Ve TractMap No. ......33486.: " ... , .",'-'''. REeOMMENDA1JON: . -",~,,'~---' ';, ' " - \:".,' ",~ '.,'- .-<s<~; ~. 't ._ ,'~, '.' ~''i;; :"".," .":;<i'- ",,<,," 14. ':~-;'::";"k\:";' :',:" ,,- ,,' - ,;,/,:,-,-,,' ;-'.":',,'-" '" ._...''',w " :'--\"'- I I I .1 1 :Allil1~ri~atioh.()fan:'llil!~ridtri.~ntfor'GEQA pOIT1pliance Docuil)eritaiion.servic.esf6tAew projects,Tehtaii'Ve Parcel Map No. 33370,,; '. . ',-;'1'-,-" --',:",-", :,',j ',- :, ,'-- --' . .... <' REC:PtvIMENDATI01i: ':. Authoriie CityMa~ager.t() e~ecute .', <. :'. . . /:.' :,.(.~the.amendmentfor.CEQA; .. . .')',A:: ':.' ., ,>,Gomp!i'<t..nce'ID'()c~m~ntation..sei-vices .... .......... . . . .:........:.. .... ..:'.,......: ~~g' .~~.i:.::;..~.~~~~:~ratib,nJOI-II>~.. "_".':<!.-:<;_,~>i,;,::. _"'>:,;,';,,.:,;~i;''-:Y'''; :c;-,..._,." ',,'~, -, '-,- -, '- .') 'r' ,_ ", :.-' -,' ,,-,' '>,'>>'- ,; ,~" - -, ..:,'-."-.'^ -, ' . " ':'," ;:'" ~ '. . ",'. ",':-;;--- ~: :;~>-.::;. /j,_'".,;::,;. '. ~' ~:\:~",.-~t-'-;:: i,','" ~ ,.;,:::::;->r',:~, ',,> PlJBLIC HEARING" " ", , . .., ,. . . " -'-'::::.,'\',0'" 21. . . General PlahAmericlinent'!.\[o. 2005"Ol;and.AmendmentNo: 31:0 the ':Canyon'Creekspecifi~PI~iiNo. 85:-:1;:and ie~tative.'tract Map No: 32077; arid Mitigat~d N~gative Declirrati~n:N6.2005-0 I:' .. , . AdPPLMitigatedNegative .> . " ." . DeclarationN0;'2pOS-:Ql. AdopHI)e .' findirigsofC6nsistencY~ith the' . Multi Species HabitatConser;yation Plan (MSHCP). Approve General ,'. Plan Amtmdro,ent No. 2005-01. ..... . . Api)l'6v~ ameI1dmentNo. 3tothe Canyon Cree.kSpecific Plan No. 85-1. .' , , ,,-' - ,,,'; "., ,~-, , " - -, ,,- " ',", - -,-"-- .':'.-.,,-"'" RECPMMENJ::):(\ iWN:' ~. ~ .- ,,: '-; -.-'> c-", . {, < " -j, 'j 'c- .:,-~ - ,,-,'-- , ",'" , '--'i ,~ :-." ' ,r' '-',\,. t',-," -...."... .':\;..:',,c':,,::'. ;::~:.i<,;;(:\:, ,/.-,,-., ',' <',-'-,,<, , :,-,,,,; :;r;~',: ',:,<~ 0, ,-.'-,,-- . ",,,, ,,". ,,'.' " >.:<:,-,,-< """'---"-:." . ':j~;:,; "c. "~; ''''-', , I I -"'0' Page BUSINESSITEM8 .. .. :' ,,",", .. .. " . ~", .. ~.",,', ~':;:'-;: :::::', .. ;'\;)",: >',. , 31. Employment agreement forCity Manager/Execlitive Director RECOMMENDATION: , Approve: ' , 32. Conditional Use Penuit No. 2005-02 and Commercial Design Review No. 2005"03 - JackcIn:The"Box. RECOMMENDATION: . . ........-..,.......,.., '" , .'.;.;.'.......-,.-.::,:;.,'..,:.,....'<:\:/.,c../'i).: > -,/",,':.) , '-',. ...........,..-..-.-... " ... Appr6veCgriclitional UsePennit No.~2005~02. Approve Commercial Design Rt:view No. 2005-03. , , .. ,-' ,:...i..,:>.. , .. ::. >:':__ .....:.>.."..:.::>.-<.>>'..,.,..i.:.:.....,'.....::.._ ._....,.,<.._ :-"" " "-.C... ',', _.':.'.; ..': . PUBLIC COMMENTS ,~NON-AGENDIzEl)nEMS":' 3 MINUTES" , (Please read & complete a$peaker's Fonn at thePoditim, prior to the Start .. .. .... .,.... '. '.-............ " ,. of the City Council Meetirig) " ' -",' ,', .," ".... " .' .. '. :.....' U' """,- CITY MANAGER COMMENTS '-',...:'":.:.:.:,.:....:.... :", .. " -, , ,.::<,. . ~~ ,I' e , . ",,,":, ': .. , '" ," '..', ,,~::',~', ',:" CITY ATTORNEYCOMMENTS COMMITTEEREPORTS '. , : ',' ,","""',,,:':','.":"::' CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT n n n , MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BUDGET STUDY SESSION , , CITY OF LA:KE ELSINORE' 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA . -, ~,; THURSDAY, MAY 19,2005 ************************************************************* CALL TO ORDER Mayor Magee called the Joint BuClget Study Session to order at4:05 p.m: , ROLL CALL . i' j ;.- PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, , 'SCHIFFNER, MAGEE " ',' ABSENT:, , COUNCILMEMBERS:, BUCKLEY (Councilman Buckley arrived at 4:15 p.m.) Also present were: City Mariager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy; Information/Communications Manager Dennis, Finance ' Manager Magee; Planning Manager Preisendanz, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio,'Engineering Manager Seumalo, Building/Code Enforcement Manager Chipman, Police ChiefF{:therolf, and Deputy City Clerk Ray. ~ ' . PLEDGE OF ALLEGIANCE The Pledge of Allegiance wasl~d by Police Chief Fetherolf. BUDGET REVIEW - FISCAL YEAR 2005-06 " Mayor Magee indicated that the City Treasurer would not be in attendance for the Study Session. ACENDAITEM NO. I G\ F',~'()E_L-OF ~ PAGE TWO - STUDY SESSION -:- MAY 19, 2005 City Manager Brady gave an overview of the item. He indicated that there had been a previous study session on capital projects and the operating budget. He further indicated that at this. Study Session Council was being presented with the RDA budget. Staff had updated the capital projects, and the changes were indicated in the report per the request of the City Council. City Manager deferred to the Administrative Services Director Pressey. u Administrative Services Director Pressey gave a presentation on the RDA budget and Lighting and Landscape District. Mr. Pressey directed Council attention to the Low and Moderate Income Housing Fund. He indicated that there was revenue in the fund of$2.8 million, which represented the 20% set aside; and expenditures of $2.1 million; which would leave a net revenue over expenditure of$684,000. He indicated that the expenditure Ilne item. included debt service on some of the bonds,and some loans to the project areas that had deficiencies; which included Project Area 3. He indicated that Project Area I had a short fall during the year. He further indicated that the . revenues of Project Area I had a significant increase of2f% last year. He U indicated that there was a projected $562,000 shortfall, based on conservative estimates of the revenue projected for the year, and that the expenditures would tighten up. He indicated that the fund was projected conservative,ly to break even; and would be self sustaining from that point forward. He indicated that it would be approximately six years out, that in 2011/2012 the fund would eliminate its current deficit fund balance or what. was available. to spend. He indicated that the numbers did not include a .' payback of the housing fund lo.an or what it owed Project Area 2; and that. plan would be developed in ,the next fiscal year. Mr. Pressey indicated that . 2005/2006 would be the last year that the Project Areas would not be self- sustaining. Administrative Services Director Pr.essey indicated that Project Area 2 was the healthy fund. He indicated that it included revenue of $5.7 million. The expenditures included a loan to fund the deficit in Project Area I; and a loan of the remaining balance of Project Area 2 was $8, 250 to Project Area 3,to fund its deficit. , ACENDA ITEM NO. PACe '2. u \0\ OF . -:;. n (', n . PAGE THREE - STUDY SESSION- MAY 19, 2005 Administrative SeivicesDirector Pressey indicated that ProjectArea 3 had a significant growth ,in revenue at 26%. He noted that it would probably. maintain good growth. He indicated that the shortfallwas,$746,000. Mr. Pressey indicated that between the three Project Areas, the RDA was expecting a break even year in 2006/2007. Mr. Pressey indicated,that the Housing Fund had a quota for housing to . maintain for the City and the funds needed to be used for that purpose; .. Administrative Services Director Pressey gave an overview of the' '.,' '. . obligations that currently existed for the RDA. He indicated that there were five bonds (95A, 99A, B, C;and D)wetebeingpaidfrom the Project Areas; . the initial amount was $7 million. He indicated that the Lake Elsinore Recreation AuthorityJease payments were the respOllsibility of the RDA.d Mr.Pressey indicated that there was a two Owner Participation Agreement with Walmart and Oak Grove Equities. He indicated that Walmart was based on sales tax revenue it generated for the year. He indicated that Oak Grove Equities had increased because it accrued interest and the sales tax, based on the formula, had not equaled their projection ($170,000.per year paydown). He indicated that it ended in 2016 and forfeited the balance that might exist at that time. Mr. Pressey commented on the Amberidge loan; which was currently held by Castle & Cooke., Mr. Pressey commented on . th((Mission Trail loan with the County, which was due' on June, 2007. , ., Administrative Services Director Pressey indicated that the fund deficit for . Project Area I wastobe eliminated in'2011, Project Area 2 was'2010 and. . Project Area 3 was to be detemiined. . ), . Mr. Pressey gave an overview of the Lighting and Landscape District. He. indicated that there was a carryover balance from June 30, 2004 of $264,000; and legally the City was allowed to maintain a 50% reserve. Councilman Buckley inquired if the $264,000 for the LLMD was the reserve . amount. Mr. Pressey explained that it was the fund balance. Councilman Buckley inquired ifthe LLMD could be used to renovate the lights along' . ACENDA ITEM NO. PAoc;3 \~ OF '-:::f PAGE FOUR - STUDY SESSION -MAY 19, 2005 u Lakeshore Drive. Mr. Pressey indicated that it was possible since the lights already existed, but he would need to research the item to give a more precise response. Councilman Buckley questioned what would be the outcome of the owner participation ifWalmart discontinued operations in that location. Mr. Pressey eXplained that he would need to review the agreement. Councilman Hickman suggested adding an employee to the RDA budget to solely handle RDA issues, beside from the legal issues that would be financed through the RDA. Mr. Pressey indicated that item had been discussed by the RDA Committee. Heexplainedthat currently the City. Attorney had been actingin that capacity and there had not been a lot of activity. He noted that was the City Attorney's expertise. . I ! Councilwoman Kelley clarified that on the RDA; the fees were just a place holder and not actual billed hours. u Mayor Magee commented that the RDA function of the City Attorney had been continuously revisited. He suggested that the RDA Committee come up with a better alternative. He indicated that he was more than satisfied with the firm's productivity on City business and the fee that they charge. . Ron Hewison commented that he indicated last year that Mr. Pressey's budget was conservative. He commented on the revenue of Project Area I, 2, and 3. He commented that the Attorney fees were at $200,000, but there was $94,000 in operation cost for the separate plan attorney. He noted that RDA budget was caring close to $300,000 in attorney related fees. He further commented that the budget did not reflect potential land for sale. He questioned why the RDA carried 100% ofLERA, when LERA was 50% City venture. Administrative Services Director Pressey indicated that the budget would be on the June 14th agenda for approval. He indicated that staff was presenting a balanced budget. He noted that Governor Schwarzenegger announced in his May revised budget that he would be paying back city government one U year early. AGENDA ITE!,\ NO._ \ 0- PAGE~OF -1- ! n PAGE FIVE - STUDY SESSION- MAY 19,2005 . ~_ ,1 '. . Mayor Magee referred animal control; page 4. He indicated that it was still listed at $170,000. Mr. Pressey indicated thatwas'to bereduced. ' Councilman Buckley requested thatMi. Pressey' explained 'that the RDA revenue changed $984,000 for the RDA from LERA. Mr. Pressey explained that preparing the RDA budget was to gain a better understanding of that agreement and v:ilid.ilte a few issues. . The' City had not included the RDA . , . portion of the Lake Elsinore Recreation Authority variable rate bond payment. He indicated that he had increased the revenue coming from the RDA and expenditures had already reflected the debt service's. . ' . n Councilman Buckley inquired aboutthe Lead'Worker arid Code Enforcement Officer position. Mr. Pressey explained that rhe Lead Worker. was mote than an Equipment Operator, . Mr. Pressey deferred to Community' Services Director Sapp.' Mr. Sapp explained that the Lead Worker position" had a lot more functions 'andres'ponsibilit)!," 'r . , . ' r!' Councilman Hickman noted that in 2006 the City would be $2 million in the red. He 'requested some possible recommendations from Administrative ' Services Director Pressey. Mr. Pressey indicated that the biggest cost was due in part to expenditures that were increasing, along with Police and Fire . Services. He noted that'the bigger ofthe twchvere Fire Services. He . indicated that the' City could effectively maintainorieofficerper thousand · citizens; by only"hiring one officer'would be a savings close to $200,000.' He indicated that the Ciiywas trying to doajoirit venfuiewith the County to jointly fund the Rosetta CahyonFire Station. He noted the Fire Station would also service the County. He indicated that staff would be proposing to defer the openirig'ofRosetta Canyon Fire Station;'which would balance the budget. . ," ' ." ' Mayor Magee commended Mr. Pressey on the proposed budget. "; ; <,i '1,," . . .'j, (""'\ PAGE SIX - STUDY SESSION - MAY 19,2005 u indicated that he would schedule a meeting with Mr. Cousins. Mayor Magee indicated that he believed that Mr. Cousins was updating that information to provide more services and also gave realistic expectations. Councilwoman Kelley indicated that she was pleased to see the additional law enforcement in the budget. She noted that had been a focus of the ~ouncil. Mayor Pro Tern Schiffner questioned if the addition of a second Battalion Chief for Fire Services had been added into the budge,t. He suggested utilizing aParamedic Captain as Acting Battalion Chief. He indicated that the Captain would be less expensive than an actual Battalion Chief. Mr. Pressey indicated that he would incorporate that in the adoption of the budget and discuss the issue with the Fire Chief. Councilman Buckley ;comme~ted that the fireworks for the 2004 4th of July celebration went over well in the,community; and indicated that the City might be able to coordinate with the Lake Elsinore Storm Baseball Team for U the 2005 4th of July celebration. .. . . . ,1.- City Manager Brady indicated that there would be an agenda item on the next agenda for fireworks. ., CitY Manager Brady corunented on the meeting with Fire Chief Anthony. He indicated that they were reviewing a regional comprehensive overview of all the stations; and they were concerned with having too many concentrated stations in certain areas and not having enough service in other areas.. He indicated that they had requested additional time to complete the review.. , . City Manager Brady reiterated that Administrative Services Director Pressey had put together conservative numbers for the budget, which was a positive and safe way for the City to move forward. Councilman Hickman indicated that the Stadium had to be sold and staff. needed to negotiate with the County regarding the Fire Station. MaY,or Magee indicated that he had five different items h.e had heard mention during the Study Session. He listed the items. u AGENDA ITEM NO. PAOE ( 0 \C\ OF -T n n n PAGE SEVEN - STUDY SESSION - MAY 19, 2005 1. LLMD ability to fund the Lakeshore Drive historical lights. 2. The Owner Participation Agreement with Walmart. 3. Reduce the Animal Control Budget. 4. Review reducing the travel and education expenses. 5. The issue with hiring a Battalion Chief. Councilman Buckley suggested increasing the contribution for the joint-use library at the new high school out of the library fund for the next couple of years. Councilwoman Kelley indicated that neither School District nor the County Library system had approached the City for any ofthe book dollars. Councilwoman Kelley advised that the money in the Library Fund was for the future building of a City Library. ADJOURNMENT. THE CITY COUNCILIREDEVELOPMENT AGENCY BUDGET STUDY SESSION ADJOURNED AT 5:10 P.M. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: Frederick Ray, Deputy City Clerk CITY OF LAKE ELSINORE AGENDA ITEM NO. PAGE 4- l~ ""L OF ~ "', ~, -. u ..... c' u /' u ,('\ . MINUTES ""1..," '\;' JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA .1\ ., " ) j,' . :"'-" ._,'J 1) : , TUESDAY, MAY 24;2005 * * * * ** * * * * ** * ****'* * * * ~**. *** ** *.* ** *,* ******. * *~* ':k* ** * **~oJ:i?:** 'I!.* ***--, .- CALL TO ORDER ',.. ,;. . . '. ~ '. . . ,'; .f" . ;. ,-, L~' :.':, .\ , Mayor Magee called the Joint Study Session to order at 4:00p.m., ' . ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY,. SCHIFFNER, MAGEE '" ~ . ..". <' ! - ! . .~. .-:. ,. I'; ('\ABSENT: " , .COUNCILMEMBERS:BUCIffiEY:"'. (Councilman Buckley arrived at 4:08 p.m.) ) , ,"." . ".,-, . ')"','1", Also present were: City Manager Brady, City Attoniey Leibold, Administrative \ Services Director Pressey; Community Services Director Sapp,Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, ',,' Parks & Open Space Manager .Fazzio,Building&Safety ManagerChipmaJi; Planning ManagerPreisendanz, City' Treasurer Weber; and Deputy City Clerk' Ray. '". r',,' ". .', ," 'j,'! DISCUSSION ITEMS . ",' '. , . , , .~, Mayor Magee inquired from'the CityClerk~sOffice, if City Treasurer Weber had.' relayed ifhe woul,(be in attendance for the schedule Study Sessicin'imd the Tp.ll. meeting. Deputy CityClerkRay indicated that City TreasurerWeberhad not contacted the Clerk's,Office. CitY Attorney'Leibold indicatedtliat she:hadspoken with City Treasur.er Weber and he did relay to her thilthe would be in attendance, but did not specify which meeting. Mayor Magee gave an overview of the . presentations; and confirmed that the awardees would be present at the 7:00 p.m. ('\ meeting. " J, ,.' Agenda Item No. I b , . Page~Of \0 ,. 'f '.' . PAGE TWO STUDY SESSION MINUTES -MAY 24, 2005 U -,', PUBLIC COMMENTS , Jim Gardner, Lake Elsinorecomme~tedthatastr(;:et light was needed on Samuel A venue; he indicated that the builder did not put a light in during the construction period. He further indicated that it was a safety hazard; and suggested 'including the item in the upcoming budget. He noted that there were;a lot of kids' on that street. Mayor Magee indicated that he had spoken with Mr. Gardner; and after their conversation, City Manager Brady visited the area. He deferred to City Manager Brady. City Manager Brady in4icat~d that thejteIll.couldbe placed in the budget. CONSENT CALENDAR 1. Minutes. Councilman Hickman commented on the modular homes being built in the City. He indicated thatthe manufactured homesacI"oss from Yarborough Park had a : . "U cinderblock foundation. He indicatedJhat it looked as though they were only putting corrugated metal around the outer edge. He questioned if the City could mandate that cinderblocks be used.' City Manager Brady indicated that it wa~' . required that a cinderbl09k pr p~mred stem wall fOUI1dation be used. City . . Manager Brady deferred to Bl.!ilding/Code Enforcement Manager Chipman. Mr. Chipman~xplainedthat on those p?rticular projects a different design was submitted. .He further explained.thatit was a conugated metal thatextend.s:down. into the foundation and on the outside there would be a brick veneer to look similar to a masonry foundation. Mayor Magee commented on item 1 c. He referred to a comment made by Chairman Lewis on page 7regarding the attendance of other ,emergency. servict:s within the City at thePSACMeetings, May()r Magee noted that the LEMC, 'j .' stated "may attend~' not shall.attend, He I"equestedthat staffnotify..Chairman Lewis and inform .him that the.City emergency professionals were not under any obligation Jo,attend the PSAC Meeting. .;.'. , .' . ~ ; I: . . ! ~ I " . . _'I" il: " ',.,-'..- -',"',; '. -"',J. ,:,,' :. ,.'~ ",,' '. l Agenda Item No. Ib u :.- .f : \ Page~Of \0 o AGE THREE STUDY SESSION MINUTES:'" MAY 24, 2005 2. Warrant List - May 16, 2005. , . . I . ,..,. Mayor Magee inquired ifthere was one more payment regarding the Williams settlement. Administrative Services Director Pressey confirmed that one payment was left, .which would be in November. 3. Appropriation limits for Fiscal Year 2005-2006 (Proposition 4) Resolution No:) 2005-47. ., , .; No comments. ,'j 4. CDBG Funding/Cooperation Agreement - Fiscal Year 2006-07,2007-08, and 2008-09. No comments. . "", ('\ 5. CR&R - Annual Consumer Price Index Increase. Councilman Hickman indicated that the City was not complying with the recycle program.. ". Mr. Ferrin indicated that the City was incompliance. He indicated that due to the rapid growth in the City there had been a lot of noncompliance on the recycling side of the residential development. He indicated that CR&R was working with. . staff to ensure that the construction/demolition of debris from development was in compliance. He noted that the City-was not out of compliance, but was currently at the 50% mark. - 6. Auction sale of Surplus equipment. Councilman Buckley inquired ifH.O.P.E. would be able to use any of the items listed. Mayor Magee inquired if the van 'being donated to H.O.P.E. was part of this item. Community Services DireCtor Sapp indicated that the bus being . considered for RO.P.E. was not part of this agenda item. n Agenda Item No. 11 Page~of\O ,. . . " ..... PAGE FOUR STUDY SESSION MINUTES:- MAY 24, 2005 Community Services Director Sapp made a correction to the staff report. He; indicated that item no.3, which was listed as the first item, should be on the surplus list. He indicated that it was listed in error. . Councilman Hickman questioned the number ofbuses. Community Services Director Sapp indicated that the City had five, in which one of the buses was used for parts. Councilman Hickman indicated that RTA wanted the buses back. City,. Attorney Leibold indicated that the buses could be offered back to RTA under the same guidelines proposed to H.O.P.E. Mayor Magee suggested removing the buses off the list to give Councilman Hickman the opportunity to speak with RT A. City Attorney Leibold advised keeping the items on the list, but subject to a first offer to RT A to avoid the item being brought back to Council. 7. Exemption to Bid procedures - City Hall carpet. Mayor Magee commented that he and Councilman Hickman went on a tour throughout City Hall with City Manager Brady and the carpet was in need of repaIr. 8. Authorization to prepare CEQA Compliance Documents for the East Lake Specific Plan Amendment No.8 for Lumos Communities. , " ;;., ':';1 . . " '. Mayor inquired ifHDR was the environmental consultants that handled the Lang' Project. City Manager Brady confirmed.. 9. Authorization to prepare CEQA Compliance Documents for General Plan. Amendment No. 2004-10, TPM No. 32674. Councilman Buckley inquired ifthe property was in the City. City Manager Brady confirmed. 10. Authorization to prepare CEQA Compliance Documents for General Plan Amendment No. 2005-2 and Zone Change No. 2005-03. No comments. Agenda Item No. \ b Page.hL-Ofl 0 u -..U U ~~GE FIVE STUDY SESSION MINUTES..... MAY 24,2005 11. Approval of Final Map 31706-3 - Pardee Homes..' No comments. PUBLIC HEARINGS 21. Vacation onrd Street. No comments. APPEAL 22. Appeal of the Planning Commission's decision to deny Conditional Use Permit No. 2005-05 for Nadir Rabban and Abbacy Holding Corp." . . n Councilman Buckley questioned if the facility was going to be similar to a 7eleven or more like a delicatessen similar to the Bear Creek Market. , :.;.- Matthew Preeble, Attomeyfor Nadir Rabban and Abbacy Holding Corp commented that they had planned to attend the 7 p.rn. meeting to present information to theCounciI. He further commented that it was going to be a service station with more of a market & delicatessen appeal, rather than a mini mart. . . Councilman Hickman questioned if parking 'was taken into consideration due to: bank employee's being able to find parking space: Planning Manager Presiendanzindicated that there would be adequate parking. . . , Councilman Buckley indicated that: the applicant was aware when it was . approved that it was not permissible, but continued with the plans under the assumption they would be given a Conditional Use Permit; Councilman Buckley read an excerpt dated August 19,2003, which indicated that Mr. Preeble's client stated "no alcohol would be sold whatsoever." n Agenda Item No. . \ b Page3-0f \C) PAGE SIX STUDY SESSION MINUTES ~MAY24, 2005 u Councilman Kelley requested more information on the construction of a barrier . to be placed between the establishment and the park. Mr. Preeble indicated that both the developer and his client were willing to join together to build a barrier, consistent with the design ofthe building that would provide a buffer between Summerhill Drive and against the view in which the park would have a sight line over to the property. . . . ' Councilman Hickman suggested that the barrier be extended to the comer to prevent kids from running across Summerhill Drive. He also suggested that steps and an entrance be placed on the comer. BUSINESS ITEMS I . 3 I. Second Reading - Ordinance No. 1150. ". . ' c ), No comments. u ~ ..~ :'~', 32. Amended Concessions Agreement to include PWC Rental and Fo~d Concession. , ,~, '.1 Councilman Buckley questioned if the individual renting PWc:',s along Lakeshore Drive needed any type of use permit. City Manager Brady indicated that the individual had a Temporary Use Permit. I', ; City Treasurer Weber questioned the location of food items and if they would ,be. required to carry insurance. Mayor Magee indicated that the insurance would be carried under the existing Concessionaire Agreement. Lake & Aquatic Resources . Director Kilroy indicated that some of the details had not been worked out. He indicated that they would have prepackaged food and there would be ahot dog vendor cart. He indicated that there should be something in the contract noting the, square footage of the area to be. used. . , Agenda Item No, \ b PageJJl-ofll u ~GE SEVEN STUDY SESSION MINUTES- MAY 24, 2005 33.2005 4th ofJuly Celebration. Mayor Pro Tern Schiffuer suggested not having an event. He indicated that there would be a show at the Diamond which could be seen around the City. He indicated that it was not necessary to spend $10,000 or $20,000 on a second show. Councilman Buckley indicated that he would be in favor of doing the second show which would coincide with the Parade of Lights. Councilwoman Kelley questioned if$IO,OOO would enhance the Storm show. Dave Osler, Storin representative, commented that theY:had an ongoing contract with the company that did their fireworks. He indicated that he was not sure if the show could be enhanced because they receive a set fireworks (\ show for their games and for the 4th of July Celebration. '. Councilwoman Kelley indicated that the fireworks were well received in the community last year and the event could not be on and off each year depending on the Storm games. Mayor Magee indicated that he did not see the need for two shows and suggested alternating with the Storm to put on a show when the Storm was not in town. '.' . . 34. Branding and Public Relations/Marketing RFP: Recommendation for Professional Services Consulting. Councilman Buckley gave an overview of the item. He noted that George Bloomfield of Lake Elsinore Marketing Group was present for questions; He also noted that a representative from Cresta West would not be present. He indicated that it was decided to break the item into two phases. Phase One being the development strategy phase; and Phase Two being the placement of '. ads. (\ Agenda Item No. \ b Page -=:t Of \0 PAGE EIGHT STUDY SESSION MINUTES - MAY 24, 2005 u He indicated that Phase One was the creation of the logo color schemes and , , the strategy of where to target the PRo He indicated that Phase Two would be redoing the sign on the trucks and new stationary and any paid advertisement. Councilman Buckley indicated that the final creation would be a web based marketing tool kit. He indicated that any business in town would be able to . download photographs, logos, bullet points, etc. Councilman Buckley commented on the experience of Crest a West. Councilman Buckley noted that the web site would include polling information. He noted that the total dollar amount was not to exceed $92,000. He indicated that it was the perfect time for the City to start this process. Mayor Pro Tern Schiffner indicated that in his opinion Lake Elsinore was currently well advertised. He further indicated that there were probably 500 U to 1,000 families per year that voted on their approval of Lake Elsinore when they purchased a home in the City. Mayor Magee noted that the Council had received a le,tter from Dennis Malone, President of Hygrove Restaurants, in support of the proposal. City Treasurer Weber question the estimated time for the payback. Councilman Buckley indicated that selling a City as opposed to a product would indicate a spike. The focus would be to bring new jobs not houses to the City. He indicated that it would eventually bring an increase in per capita Income, . Councilman Hickman indicated that he was reluctant of the idea; but after seeing the results of.Branding and Marketing he visioned the property value increasing and large businesses coming to the City. Mayor Magee indicated that coordination with the Chamber of Commerce Agenda Item No,~ Page 2) Of \0 . u ~AGE NINE STUDY SESSION MINUTES --'MAY 24, 2005 was not in the staff report. Mr. George Bloomfield commented that the .' - Chamber would be a part of the process. He indicated that this would help manage the growth to come. ."1 ' Councilwoman Kelley commented that she would have liked to have' seen some ofLEMG work products. Mr. Bloomfield indicated that his company had been involved with some of the Councilmembers and their campaigIis: He indicated that LEMGhad been involved.with the Cities of Newport, Irvine, Los Angeles, and West Minister; along with the Police and Fire Department in those cities. He indicated that graphics had been LEMG's . expertise for over 20 years: ":;- :1.;. n CouncilmemberKelley indicated that with grbwtl1, itwas perfect time to . revitalize everything. She indicated that she was concern with the cost of Phase I and Phase II. She noted that it was possible according to the report that Phase II might fall into the range of $100,000 to $150,000, but did not ' mean it would. She expressed her concern with the City ability to fund the entire project. Councilwoman Kelley commented that Mr. Bloomfield had stated he had done workfor Councilmembers. Mr. Bloomfield indicated that they had created some IIlaterial for Cotuicilman I3uckJey; Mayor Magee, and Planning Commissioner O'Neil'a few'years back." .. , Mayor Magee indicated that he was comfortable with a lobbyist because it could be budgeted year to year. ' He noted the possibility to receive federal' earmarked money that warranted the risk. He further indicated that he was not comfortable with the PR proposal. 35. Request for donation of van - H.O.P.E. Councilman Hickman clarified that H.O.P.E. did not have to give any money to the City for the van. ~DEVELOPMENTAGENCY Agenda Item No. \ b page.st-Of-\O- PAGE TEN STUDY SESSION .MINU'fES - MAY 24,2005 u CONSENT CALENDAR i" , , I. Minutes. , " No comments. ' l.. : ' 2. W arrant pst - May. 16, 2005. .;1 , No comments; '., " . :.;, .,' ,'i, )" ,,' ,( Mayor Magee requested adding an item to the agenda to discuss personnel and staff recruitment issues. City Attorney Leibold indicated that the Brown Act, Section 5,4954.2 did allo!V, for the adding of items i1fter the posting of the' " Agenda. " ' ADJOURNMENT, , u -'I "", '. 1" .>' .'i"i" THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 5:30 P.M. ,", . , "-' , ROBERTE.MAGEE,MAYOR CITY OF LAKE ELSINORE " ' ,\ '( , , DARYL HICKMAN, CHAIRMAN REDEYELOP!\1ENT AGENCY ,,' " ATTEST: . ., . . , .. . ., . FREDERICK RAY, DEPUTY CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. \1::> 'U ,', Page~Of 10 JUNE 15, 2005 ("\ FUND# n ("\ 100 ------ 101 ----------- 105 ------- 110 -------- 115 130 ------- 135 150 : --~_._- 205 254 -366 ~~- 367 372 ' --- 373 608 620 650 CITY OF LAKE ELSINORE WARRANT SUMMAR Y FUND DESCRIPTION TOTAL $' 2,754,578:41 6,282:53 33,713.23 .' 345,520.00. 195.00 122,923.27 4,000.00 . 65.00 1,633.60 . 19,763.50 18;000.00 5,000.00 6,000.00 3,000.00 10,390.00 16,952.76 ~.?00,(l~ . GENERAL FUND SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND -----..--..------------- --- MISCELLANEOUS GENERAL PROJECT FUND ~----_._-~- STATE GAS TAX FUND TRAFFIC SAFETY FUND _._------- LIGHTING I LANDSCAPE MAINTENANCE FUND ------------- L.L.M.D. NUMBER 1 FUND C.D.B.G. FUND ----..-.----- TRAFFIC IMPACT FEE FUND 89-1 RAILROAD CANYON IMPROVEMENTS FUND -~--~ C.F.D. 2004-1 CITY CENTER FUND C.F.D. 2005-3 SUMMERL Y I LAING FUND C.F.D. 2005-2 ALBERHILL'RANCH FUND C.F.D. 2005,5 WASSON CANYON FUND TRUST DEPOSITS & PRE-PAID EXPENSE FUND COST RECOVERY SYSTEM C.F.D.2003-1 LAW & FIRE SERVICE FUND GRAND TOTAL 6/21/2005 WARRANT 061505 $ 3,351,517.30 ..,.:- . 1011 . . ;). "'CEl'~OA ITEM NO,_ c;; PACE~OF- JUNE 15. 2005 CHECK# CITY OF LAKE ELSINORE. VENDOR NAME WARRANT LIST AMOUNT u 81888 82049 82050 82051 82052 82053 82054 82055 82056 . 82057 82058 82059 . 82060 '_ 82061 82062 82063 82064 82065 82066 82068 82069-82071 82072 82073 82074 82075 82076 82077 82078 82079 82080 82081 82082 82083 82084 82085 82086 82087 82088 82089 82090 82091 82092 82093 82094 82095 82096 82097 82098 82099 82100-82101 82102 82103 HOME DEPOT DIANE SAN BERG PHD PENSKE CALIFORNIA NARCOTIC OFFICERS ASSOCIATION. REGION V DEPUTY ROBERT KWAN DEPUTY ERIC MENCHACA CALIFORNIA P.E.RS. -------- I.C.MA RETIREMENT TRUST AL TURA CREDIT UNION CALIFORNIA P.E.R.s. CALIFORNIA P.E.R.S. -- MARK FISHER COMPANY FORTIS BENEFITS PRE-PAID LEGAL SERVICES. INC. VISION SERVICE PLAN STANDARD INSURANCE STANDARD LIFE INSURANCE STATE COMP INSURANCE FUND L1UNA - LOCAL 777 VOID A & A JANITORIAL SERVICE A NEW LINE ACTION PARK ALLIANCE, INC. ALL PHASE REFRIGERATION & AIR CONDITIONING. INC. ALLIED TRAFFIC EQUIPMENT AMERICAN FENCE COMPANY, INC. ERICA ANDERSEN ANIMAL FRIENDS OF THE VALLEY APPLE ONE EMPLOYMENT SERVICES ARTISAN GOLDSMITHS & AWARDS BANK OF AMERICA - CITY MANAGER & COMMUNITY DEVELOPMENT BANK OF AMERICA - CITY CLERK BANK OF AMERICA - LAKE DEPARTMENT BANK OF AMERICA - COMMUNITY SERVICES DEPARTMENT BERRYMAN & HENIGAR, INC. ANTHONY BIRABENT BOATS PLUS BOB'S BLINDS LAWRENCE BOBO BUY ONLINE NOW.COM C. R. & R. DISPOSAL. INC. JOHN CARLSON ROLANDO CARVAJAL CASTLE & COOKE ALBERHILL RANCH. LLC. CGI MARKETING SERVICES CHEMSEARCH CITY & COUNTY SOIL ENGINEERING. INC. COOK EQUIPMENT OF ORANGE. INC. KIRT A. COURY CUTTING EDGE'STAFFING. INC. o & SELECTRIC DISCOUNT SCALES.COM 1.076.42 500.00 898.58 90.00 15.00 15.00 29.507.96 4,481.99 1.175.00 3.441.38 36.557.55 2.144.00 7.204.11 171.35 1.131.50 344.99 . 2.246.17 19.568.78 594.00 0.00 4,811.25 868.47 8.332.00 3.883.26 153.65 60.00 316:50 7.500.00 2,338.05 122.06 75.34 119.90 1.350.85 2.676.89 43.709.79 86.16 592.77 690.00 129.24 75.65 164.773.29 168.75 500.00 77,597.00 367.50 4.106.47 12.145.85 949.39 5,248.15 7.199.44 1.370.00 958.95 u 6/21/2005 WARRANT 061505 10F4 u AGENDA ITEM NO, PAGE '2.. ~ 01: c:s JUNE 15, 2005 ' CITY QF LAKE ELSINORE . . W ARRANT LIST (\ CHECK# 82104 DO IT CENTER 82105 CAROLE K. DONAHOE, AICP. 82106 DOWNS COMMERCIAL FUELING, INC. 82107 D3 EQUIPMENT 82108-82109 E.V.M.W.D. 82110 E.S. BABCOCK & SONS, INC. 82111 EV.C.A.P. - ELSINORE VALLEY COMMUNITY ACTION PLANNING' 82112 ECOLOGY CONTROL INDUSTRIES, INC. 82113 ELSINORE ELECTRICAL SUPPLY, INC. 82114-82115 ELSINORE PIONEER LUMBER CO. 82116 EXCEL LANDSCAPE, INC. 82117' EXECUTIVE EVENT SERVICES, L.L.C. 821.18 FASTSIGNS, LTD. 82119 FEDERAL EXPRESS CORPORATION 82120 FIRST AMERICAN REAL ESTATE SOLUTION 82121 FITNESS FACTORY 82122 MAUREEN FOSTER 82123 . GOLF VENTURES WEST '82124-82125 GREENSCAPE LANDSCAPE, INC. 82126- . GTSI CORP. 82127 HAGEN INVESTMENTS 82128 LORENA HANCOCK 82129-82131 HARRIS & ASSOCIATES, INC. 82132 HARRIS REALTY APPRAISAL 82133 DAWN HASSETT ("\ 82134 " HEMET FENCE CO. ' 82135 HI-WAY SAFETY, INC. 82136 WILLIAM M. HOUTZ 82137 .. RUSS HOWARD 82138 'IBM CORPORATION 82.139 IDEA ART 82140 JEFF HAUSER MOBILE WEI,DING 82141 JONES & STOKES 82142 K C WHOLESALE FLOORING 82143 LAKE CHEVROLET 82144 LAKE ELSINORE FLORIST& GII:TS 82145 LAKE ELSINORE TIRE & AUTO, INC. 82146 LAKE LAND MARINE 82147 NANCY LASSEY 82148 LEAR AUTO BODY & TOWING 82149 LES YOUNG & ASSOCIATES 82150' L1NKLlNE COMMUNICATIONS, INC. 82151 LOCAL GOV'T. PUBLICATIONS 82152 LONGTIN'S AUTO SUPPLY 82153 . M & M AIR CONDITIONING, INC. 82154 CHARLES MACKEY JR. 82155. MAYHALL PRINT SHOP 82156 MBIA MUNISERVICE COMPANY 82157 MCMASTER-CARR 82158 MEI RESEARCH CORP. 82159 LINDA M. MILLER (\ 82160 MOBILE SATELLITE VENTURES, L.P. 82161 MORROW PLUMBING, INC. VENDOR NAME AMOUNT, 156.86 2,634.23 7,651.10 . 112.72 3,435.06 600.00 ' 1,000.00 2,030.00 20.47 1,044.50 905.00 3,495.50 ' 365.92 189.32 133.60 1,524.00 194.30' 490:03 2,938.00 3,200.48 226.10' 3,767.50 ' 74,901.73 18,000.00 500.00 850.00 ' 3,080.00 35.55 . 1,000.00 1,988.00 55.80 240.00 33,713.23 8,114.00 , 520.81 63.52 599.15 111.36 ' 180.77 90.00 1,864.60 47.28 c 119.56 ' 43.52 85.00 5,119.40 344.80' 130.25 47:34 632.51 . 3,250.00 73.39 1,179.27 r- .6/21/2005 WARRANT-061505 u' ~ " 1.0'0 -i" 20F4 ACENDA ITEM NO. " ;;2 , PACE ~ OF :r JUNE 15, 2005 ' CITY OF LAKE ELSINORE VENDOR NAME CHECK# ' , 82162 MYERS TIRE SUPPLY 82163 JAMES NAKAKIHARA 82164 NELSON PAVING,INC. 82165 NETCOMP TECHNOLOGIES, INC. 82166 . , OAK GROVE EQUITIES 82167 PATTON'S OFFICE FURNITURE SOLUTIONS 82168 PITNEY BOWES, INC. 82169~2171 PRUDENTIAL OVERALL SUPPLY 82172 QUAID TEMECULA HARLEY DAVIDSON 82173-82174 QUILL CORPORATION 82175 QUINLAN PUBLISHING GROUP 82176 QWEST COMMUNICATIONS 82177 RANCHO REPROGRAPHICS, INC. 82178 SUE REBAR - LAKE ELSINORE MBP, INC, , ", 82179 REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE 82180 JENIFER E. REINER 82181 RENE'S COMMERCIAL MANAGEMENT 82182 RIGHTWAY 82183 RIVCOMM, L.L.C. 82184 RIVERSIDE COUNTY FIRE DEPARTMENT 82185 RIVERSIDE COUNTY SHERIFF CORRECTIONS ACCOUNTING 82186 RIVERSIDE COUNTY SHERIFF ACCOUNTING & FINANCE 82187 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT TRAINING CENTER 82188 COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT 82189 COUNTY OF RIVERSIDE OFFICE OF ASSESSOR, GARY L. ORSO 82190 COUNTY OF RIVERSIDE, BOB DOYLE, SHERIFF, LAKE ELSINORE STATION 82191, ROBBINS PEST MANAGEMENT, INC. 82192 JESUS ROQUE 82193 ROTARY CLUB OF LAKE ELSINORE 82194 SCOTT FAZEKAS & ASSOCIATES, INC. 82195 SCOTT MORRISON & ASSOCIATES 82196 SIERRA INSTALLATIONS,INC. 82197, . SIGNS PLUS 82198 DAVIS S. SOLOMON 82199-82200 SOUTHERN CALIFORNIA EDISON CO. 82201 SOUTHERN CALIFORNIA GAS CO. 82202 ' STAUFFER'S LAWN EQUIPMENT 82203 STEVEN ENTERPRISES, INC. 82204 BOB STOVER, INC. 82205. SUDHAKER COMPANY INTERNATIONAL 82206 TEAM AUTOAID,INC. 82207 TEMECULA COPIERS 82208 TEMECULA REDHAWKS 82209 DENISE A. THOMAS , 8221 0 TOPP'S SPORTS, INC. 82211 TUSCANY HILLS LANDSCAPE & RECREATION CO. 82212 UNITED PARCEL SERVICE 82213 UNITED STATES POSTAL SERVICE 82214 VALLEY CENTER AUTO PARTS NAPA 82215 VENUS PRINTING 82216 VERIZON CALIFORNIA, INC. 82217 VERIZON EQUIPMENT SALES & SERVICE 82218 ' ' VERIZON ONLINE ., , , '. ., 6/21/2005 WARRANT; 061505 , . 3.0F4 W ARRANT LIST ," AMOUNT 2,014.93 U : 400.00 13,062.65 4,171.20 16,819.31 2,824.17 249.18. 445.12 575.16 2,070.76 127.00 456.98 93.10 1,000.00 729,198.58 1,912.50 3,885.00 2,391.78 4,299.06 338,801.33 . 4,526:40' 862,910.39 396.00 357,380.00 57.00 32,234.25 U 210,00 480.00 , 190.00 15,699.95 ' 977 .00 1,040.00 2,073.85 3,705.00 26,612.26 969.10 399.21 2,213.83 4,145.92 2,111.97 146.87 576.08 365.00 1,000.00 . 680.00 81,528.00 143.47 2,300.00 , 273.31 874.35 360.57 ,613:93, U 165.50 ACENDA~M. NO. PACE L4 OL OF S (\ JUNE 15. 200S CHECK# 82219 82220 82221 82222 82223 82224 82225 CITY OF LAKE ELSINORE W ARRANT LIST VENDOR NAME VICTOR R. MARTINEZ TRUCKING -- WESCO HOMES & DEVELOPMENT WEST COAST ARBORISTS,-,I'J~_ WEST COAST WINDOW CLEANING WESTERN HIGHWAY PRODUCTS, INC. WILCOX, MILLER & NELSON XEROX DIRECT AMOUNT 5,200.00 4,000.00 3,657.90 450.00 1,333.23 4,167.00 1,479.55 TOTAL $ 3,209,980.63 PIE DATE: 06/10/05 PAYROLL TAXES 06/10/05 PAYROLL CASH GRAND TOTAL 43,418.50 98,118.17 $ 3,351,517.30 n (\ 6/21/2005 WARRANT 061505 40F4 ACENOA ITEM NO. PACE .s;; .;t. OF ~ u " p 'I: ,!, u u ("1 (\ ("1 . CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUNE 28, 2005 . APPROVAL OF FINAL MAP 31706, A RESIDENTIAL SUBDIVISION BY PARDEE HOMES, LOCATED NORTH OF CANYON HILLS ROAD AND EAST OF RAILROAD CANYON ROAD IN THE COTTONWOOD CANYON SPECIFIC PLAN SUBJECT: )1 BACKGROUND ..~ Tentative Tract Map 31706 was approved at the regular. City Council meeting on May 11, 2004. The Final Map 31706 represents a consistent division of the original tentative tract and consists of approximately 19.30 gross acres that are being subdivided into 22 residential lots. DISCUSSION Staff has reviewed the final map and it conforms substantially to the tentative tract map and all Conditions of Approval required at the final map stage have been completed. FISCAL IMPACT None.. AGENDA ITEM NO. PAGE I 3 OF '2. REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE 2 RECOMMENDATION 1. Approve the final map, subject to the City Engineer's acceptance as being true and correct. 2. Authorize the City Clerk.to accept all dedications, sign the map and arrange. for the recordation. PREPARED BY: APPROVED FOR AGENDA BY: -!. :) Attachment: Final Map ,IF, Ken A. Seumalo, City Engineer t>> '.' AGENDA ITEM NO. PAGE '2 3 OF 2. u u u n n (""'\ TO:. FROM: DATE: SUBJECT: . BACKGROUND " CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER JUNE 28, 2005 .; : ;' . APPROVAL OF FINAL MAP '31706-5, A RESIDENTIAL SUBDIVISION BY PARDEE HOMES" LOCATED NORTH OF CANYON HILLS ROAD AND EAST OF RAILROAD CANYON ROAD IN THE COTTONWOOD . CANYON SPECIFIC PLAN .'": "'j , Tentative Tract Map 31706 was approved at the regular City Council meeting on May II, 2004. The Final Map 31706-5 represents a consistent division of the original tentative tract and consists of approximately I? .414 gross acres that are being subdivided into 49 residential lots. DISCUSSION Staff has reviewed the final map and it conforms substantially to the tentative tract map and all Conditions of Approval required at the final map stage have been completed. FISCAL IMPACT None. ',' , AGENDA ITEM NO. PACE \ l-\ OF Z REPORT TO CITY COUNCIL JUNE 28,2005 PAGE 2 RECOMMENDA nON u 1. Approve the final map, subject to the City Engineer's acceptance as being true and correct. 2. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation. PREPARED BY: APPROVED FOR AGENDA BY: J Attachment: Final Map >) , : ' ' ~ Ken A. Seumalo, City Engineer !CA ~ CITY MANA " ,I'. , , ~. I , u , , . ;i r u AGENDA ITEM NO. ~ PACE '?- OF '2 (1 (', (1 CITY OF LAKE ELSINORE' .' . REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUNE 28, 2005 .\ \ SUBJECT: . . APPROVAL' OF FINAL MAP 32008, A RESIDENTIAL SUBDIVISION BY CORMAN LEIGH, LOCATED WEST OF RIVERSIDE DRIVE AND LAKESHORE DRIVE BACKGROUND " Tentative Tract Map 32008 was amended and approved at the regular City .Council meeting on March 9, 2004. The Final Map 32008represents it consistent division of the original tentative tract and consists of approximately 27.12 gross acres that are being subdivided into 170 resideritiallots. . . " DISCUSSION Staff has reviewed the final map and it conforms substantially to the tentative tract map and all Conditions of Approval required at the final map stage have been. completed. . FISCAL IMPACT None; AGEr~DA nEM NO. PACE l 5 OF 2.. REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE 2 RECOMMENDATION 1. Approve the final map, subject to the City Engineer's acceptance as being true and correct. 2.. Authorize the City Clerk to accept all dedications, sign the map .and arrange for the recordation. . PREPARED BY: APPROVED FOR ~~ AGENDA BY: ' Attachment: Final Map Robert K. Moehling, City Engineer ACENOA ITEM NO. PAGE 2. 5 OF "2 u u u ('\ n n CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MA YOR AND CITY COUNCIL 'FROM: ROBERT A. BRADY, CITY MANAGER, DATE: JUNE 28, 2005 AGREEMENT WITH JEHN ENGINEERING, INC., TO PROVIDE CITY ENGINEERING SERVICES TO THE CITY OF LAKE ELSINORE. ' SUBJECT: " ;, . BACKGROUND ., , At the direction of City Council attheir regularly scheduled meeting on May 24, 2005, Staff has entered into a short term agreement with Jehn Engineering to provide a Staff person to fill the City Engineer position on an interim basis. The short term agreement is for one (I) month and was intended to allow City Staff time.to present to Council the full term service 'agreement. DISCUSSION' Jehn Engineering will provide a staff person, Robert Moehling, to serve as Interim City Engineer during the recruitment for the permanent position. The terms for this assignment are included in the attached professional services contract. Mr. Moehling will be available to the City on a part time basis, Monday, Tuesday and Friday of each worfing week with the exception of City identified holidays. The purpose of this contract is to ensure the continued processing of projects through the Engineering Division. Duties include monitoring the progress of Capital Improvement projects, processing private development projects, direct and supervise staff and coordinate assignments with other City divisions and departments. The agreement with Jehn Engineering is for period of three (3) months at which time the City and Jehn Engineering will evaluate the need to extend this service contract. AGENDA ITEM NO. PACE \ LP OF ,~ REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE 2 u FISCAL IMPACT The contract for this -initiaI3-months period shall not exceed $60,000. Salary savings from vacant positions in the Engineering Division will be used to fund this contract. RECOMMENDATION Staff recommends that the City' Council approve the Agreement with Jehn Engineemg and authorize the City Manager to sign the contract. PREP A~ED BY: Ken A. Seumalo, City Engineer ~ APPROVED FOR AGENDA BY: u Attachment:, Agreement for Professional Services. ...: ., u ACENDA ITEM NO. \0 PACE ~ OF \S- AGREEMENT FOR PROFESSIONAL SERVICES (", , , This Agreement for Professional Services (the "Agteement") is made and entered into as of the 14 day of June; by and between the City of Lake Bsinore, a mimicipalcorporation ("City'') and Jehn Engineering ("Consultant"). I,! RECITALS' '," ,:." 'r - .;; A. ' ' "Consultantis specially trained, experienced' arid competent to penormthe special'services which will be required by this Agreement. ' " ',' " , ,.,' '"I' ,':. B. . '" 'Consultant possesses the skill, experience~ ability, background, certification and knowledge" to provide the services described in this Agreement on the tetins and conditions described herein. ,.V . l' ' r. C. City desires to retain Consultant to render professionah:onsultingservices arid'related work as set forth in this Agreement.' "'i'" ,"", "',0' ..',', l .'" AGREEMENT ' I., , ' .scope of Services, Consultant shall perform the'services described on ExIllbit A which is attached hereto and incorporated herein by reference., Consultant shall provide said services at the ' time, place; and in the manner'specified in ExhibitA; subject to the direction of the City through itS' staff that it may provide from:tinieto time: '. r:,'...' , " ' " "." ' n <', , '" C\: ", .,.' ... ,,)''''; ;.~.~ '. ~ j"i." . , ' 2.' ,"'" Time of Performance. The Services of Consultant are to coIninence upon execution of this ' Agreement aiId shall continue fora periodofone'(l) month. ,,' ," " :,'" ,"\. , '."', ,~ '''I ,"'" ~ , ' 3. '.,Compensation. Compensation to be.paidt(:) Consultant shall be in accordance With the Schedule of Charges set forth.in Exhibit B; which is attached'hereto and inco'rporated herem bY' reference. In no event shall' Consultant's,cOlhpensation exceed $15,000 without additional' authoriZation from the City. Paymentby City tinder this Agreement sliall not be deemed'a waiver" , of defects, evell'if such'defects,were known to the City at the time of payment. ' Ch . ,~.. ;.',." , 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month; Consultant'sbillsshiill iric1udeabrief descriptiorl of the services peiformed, the date the:services were performed; the number ofhotirs spent and'by whom;J and' a description of any reimbursable expenditures. City shall pay' Coii'sultantno later than 30 days after approval of the monthly invoice by 'City staff 'When'payments'inade by city equal 90%'of the. maXimum fee provided for in this Agreement, nofurther payments , shalJ be made until 'the final work under this Agreement'has b<;en accepted by City. ':, ' , . .,;", . , -,;>,. -::::~,'~ "-." ,. : -: ' ,/,-: ','~ n 5.. ' Extra Work. ' At anytime during the term of this Agreement; City requests that Consultant peiform Extra Work. As used herein; "Extra W ork'~ means any work which is determined by City to be'necessary for the proper completion of the Project;, but which the parties did not reasohably. anticipate would be necessary atihe execution of this Agreement. Consultant shall not perforri1;nor . be compensated for, , Extra Work without Written'authonzation:from City. EXtra:wotk will be' invoiced separately from services performed in accordance with the Scope of Services ' I' ACENDA ITEM NO. PACE 3 I.r OF )~ . 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, U Consultant. shall be entitled to compensation fgr, services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents lind other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City' upon payment to Consultant for such work, and the City shall have' the sole 'right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports"plans, studies,'documents and other' writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to.defend,indemnify and hol~ harmless Consultant, its officers, officials, agents, employees' and volunteers from any claims, demands, actions, losses,damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City=s use of such materials in a manner beyond the intended purpose as set forth herein. "a. . , Licensing of Intellectual Property. This Agreement creates a nonexclusive and' perpetual.license for City. to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications,studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, U w4ich ~ prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require, that all subcontractors agree in writing that City, is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this . Agreement. Consultant represents and warrants that Cpnsultant has the legal right to license any and all Documents & Data. Consultant, makes no such representation and warranty in regard, to pocuments & Qata which were, prepared by design professionals other.than ConsUltant or provided to Consultant by the City. City s.hall not be limitt,:d,in any way in its use of the Documents & Data at any time, provided,that any such use not within the purposes intended by this Agreement shall be at City's sole risk. !;, , , b. ConfidentiaJitv. All ideas, memoranda, specifications; plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or. provided ,to Consultant, in connection with the performance of this Agreement shall be held confidential by.Consultant. Such materials shall not, without the prior written (;onsent of City, be.used by consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not, connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the rel~ed industry shall be def:llled confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publiCity pertaining ',to the :ConsultanCs ser:vices under .this Agreement in any magazine, trade paper, newspaper, television or radio production or .other similar medium without the prior written consent U of City. ' .. , . .:~, 2 ACENDA ITEM NO. lo C PAGE-1:l-0F \ '. :(.',' , n 8. Consultant's Books and Records." t..._; ~ ~ a'e. " Consultantshallfuaintain any and all ledgers, books of account; mvoices;vouchers; , canceled checks, arid'other retordsor documents evidencing or relating to charges for services, or expenditures and disbUrsements charged t6 City'for a minimuin'period of three (3)yeilrs, or for any" longer period required by law; from' the dateoHirial paymentto Consultant to this Agreement . - " ,.' -j- ',.,: " b. Consultant shall maintain all documents and recordS which demonstrate performance . under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date oftermiliation or completion of this Agreem~iiL ',' " , ',' ;:- '" 1 c, Any recordS or documents required to be maintained pursuant to this Agreem~nt shall be made available for inspection or audit, at any time' during regular business hours; upon WIjtten · request by the City Manager, 'City Attorney, City Auditor or a"designatedrepresentative of these ' officers; Copies of such documentS shall be provided to the City for inspection at City Hall when it · is practical to do so. Otherwise, unless an a1ternative.is llmtually'agreed upon, the recoids shall be ' available at Corisultant' saddress indicated for receipt 'of lloticesin ibis Agreement. n d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandIDentortenmnation'of'Consultant's business; City may, by' written request byany of the'above-named officers, require that custody of the recordS be CgiVtm to' the City and that the records and docUments be maintained,in City Hall. Access to such recordS and documents shall be granted to anypany,authorized by Consultant; Consilltant's representatives, or Consultaiit's successor-in-interest. ", ' . . .,' . .,.- !.~' '", ,. -, '.' '. ~., '.J ,1. ." ~ " i ',-. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and. services agreed to be performed, shall act as and be an independent contractor arid shall not act as : an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees; and Consultant hereby expressly Waives, any claim it may have to any such rights. "',' : :.', , ' ' 10. ',Interests of Consultant. Consultant (including priilcipals,'associates and professional emplQyees) covenants and represents that it does notnovi' have any investment or interest in real property and shall notacquire any illterest;direct6r indirect, in the area covered by this Agreement or any other source of incollle,interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services 'hereunder. Consultant further covenants and represents that in the' performance of its duties hereunder no person' having any such interest shallperform any services uriderthisAgreement:' ,', ' . -'I', ,",.}. ,'Consultant is not a designated employee Withirithe meaning of the Political Reform Act because Consultant: ' ".., ,",: ' , .' n a, will conduct' research and arrive'at conClusions withresp(:ct to his/her rendition of inforrriation, advice, recommendation or counsel independent of the l!ontrol and direction of the City or of any City official; other than normal' agreement monitoring; and':" , ," ,; ,"l , ,,',. 1:. 1. . /'---, 3 .' ACiENDA ITEM NO. PAOE ~ Vi OF \S- ......... b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 1870Q(a)(2).) " u II.. . Professional Ability of Consultant. City has relied uponthtlProfessional training and ability of. Consultant to.perform the services hereunder as a. material inducement to enter into this Agreemel).t. Consultant shall therefore provide properly skilled i>rofessional arid technical personnel to perform all services under this Agreement. All work. performed by Consultant under this . Agreement shall be in accordange with applicable legal requirements and shall meet the standard of quality,ordinarily to be expected of competent professionals in Consultant's field of expertise. \..' .'. r 12.. Compliance with Laws. Consultant shall use the standard of care in its profession to comply. i with all applicable federal, state and 10ca1laws, codes, ordinances and regulations. I '. _ ' , 13. Licenses. .. Consultant represents and.warrants to City that it has the licenses, permits" qualifications, insurance and approyals Of whatsoever nature which are legally required of Consultant . to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost .and expense, keep in effel?t or obtain at all times during the term of this Agreement, any.; licenses, permits,il}Surance and approvals which Ill'elegallyrequired of Consultant ,to practice its profession. . i" ! .".,:' ,_" ,'l ", " 14: ,Indemnity. .Consultant agreestodefel}.d, indemnify and hold harmless the,City, its officers, . officials, agerits,.~mployees and volunteers from and against any and all. claims, demands, actions,. losses, damages, injuries, and liability, direct or indirect (including any and all costs and experises . in ,conn~tion therejn), arising out of the performance of this.Agreem~t or its failure to comply with. U any of its obligations contained in this Agreement, except for any such claim arising.out of the sole. negligence or willful misconduct of the City, its officers, agents, employees or volunteers. \ ~ 1-' "! r 15. Insurance Requirements. .! . a. . . Insurance. Consultant, at Consultarlt's own cost and expense, shall procure and . maintain, for the duration of the contract, the following insurance policies. '. ! -: \' i, Workers' Comoensation Coverage: Consultant shall maintain Workers' Compensation Insurance and Employer.'s Li.ability Insurance for hislher employees in accordance with the1a\\'Softhe State. of California. In addition, Consultant shall. . require each subcontractor,to similarly maintain Workers'. Compensation Insurance . and Employer's Liability Insurance in accordance with the laws of the State of '. California for .all of the .f>\lbcontractor' s employees. Any,notice of cancellation or. non-renewal of all Workers' COlI}.pensation policies must be received by the City at . . least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogl!tion against City, its officers, agents, employees and volunteersfodosses arising from work performed by Consultant for City. .. .-, -~-"~ . I,; jL. General Liability Coverage. Consultant shall maintain commerciaJ general ,liability insurance in an amount not less than one million dollars ($1,000,000) per. occurrence for bpdilyinjury, personal injury and property damage. If a commerciaJ general liability insurance form or other foim with a general aggregate limit is used, u 4 ' ACENDA ITEM NO. Lo PACE-1lL.OF )5 ("1 either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occimencelimiC.' . 111. Automobile Liability Coverage. Consultant shall' maintain automobile liability insUrance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this . Agreement, including coverage for owned, hired and non-owriedvehicles, in an . amount of not h~ss than one million dollars ($1 ;000,000) combined single limit for.' each occurrence. ., , iv: . . ProfeSsional Liability Coverage. Consultarit shall maintain professional errors' and omissions liability ,insural1ce for" protection' against claims' alleging negligent acts, errors or omissions which may arise from Consultant's operations' under this Agreement, whether such operations by the ConsUltant or by its employees, subcontractors, or subconsUltants. The amount of this insurance shall not be less than one million dollars ($1',000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general iiabillty and automobile liability insurance policy shall be with insurers possessing a Best=s rating of no less thah A:VII and shall be endorsed with the following specific language: ' ("1 i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the ConsUltant, including materials, parts or , equipment furnished'in connection with such work or operations. ii: riThispolicy shall be considered primary insurance as 'respects the City, its' elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured tetention the City may' have, shall be'considered excess insurance only and shall notcontribilte with it.' . , , 111; This insUrance shall act for each insured and additional insured as though a seParate policy had been Written for each, except with respect to the limits of liability of the insuring company: " ' , " iv. The insurer waives all rights of subrogation' against the City, its elected or' appointed officers; officials, employees or agents. I ' v. Any failure to comply with reporting provisions of the policies shall not affect , coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. ' , . ("1 vi. The insurance provided by this Policy shall not be suspended, voided, , canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received'bythe City. ' 5 AGENDA ITEM NO. PAGE --==T lP OF \~ c. Deductibles and Self-Insured Retentions. Any dedrictibles. or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant spall demonstrate U financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. ConsultaIit shal~ provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insuranc\l shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class~ail. Any such notice shall,be addressed to the other party at the address set forth below.. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. . Iho City: ,City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 ) If to Consultant: u "'.' <, 17. Entire Agreement. This Agr~ment constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18, 'Amendments~ This Agreement ~ay be modified ,or amended only by a written document executed by both Consultant and City and approv~d as to form by the City Attorney; 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontriwtors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to payor to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. . -" , 20. Wmver. WaIver ofa breach or default under this Agreement shall not constitute a continuing U waiver of a subsequent breach of the same or any. other provision under this Agreement. 6' ACENDA ITEM NO. PAGE 0 Vi OF \ s=, ;. r"\ 21. . ,'Severabilitv. If any term orporuonof this Agreement is hetd )0 be invaiid, iIle'gal, or \ 1 otherwise unenforceable by' Ii court' of competent' jUrisdiction, the remwning provisions of this' Agreement shall continue in full force and effect. 22.. Controlling LawVenue. This Agreement and all matters relating to it shall be governed by the'law~ of the State of California and imy action brought relating to this Agreement shall be held exclusively in a state court iIi the County of Riverside. . . 23. Litigation Expenses ail.d Attornevs' Fees. If either party to this Agreement comm~nces any legal action against.the'other party arising out of this Agreement, the prevailing party shall be entitled to recover its n;asonable litigation expenses, including court costs, expert witness fees, discovery. expenses, and attorneys' fees.' 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out . of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUlE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. n 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the Same instrument and shall become binding upon the parties when at least one' copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authoritv to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. (1 28. Eoual Opoortunitv Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activitieslelated to initial employment, 7 . 0 V - AGENDA 11":9.-'-_. \ s PACE Of -J upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or tennination. Consultant shall also comply with all relevant provisions of.City's Minority Business Enterprise program, Affinnative Action Plan or other related programs or guidelines currently in effect or hereinilfter enacted. " " . J''): ,.J IN WITNESS WHEREOF the parties have ~us~ this Agreement to be executed on th first written above. "' CITY OF LAKE ELSINORE: ! ", ATTEST: ., " :TJ1. ;ret.~ C~. City Clerk ." . " APPROVED AS TO FORM: ", ' City Attorney , I., '. , :. . , '.-, 8 '. .' ; AGENDA ITEM AO. PAGE \U u u u LP OF\~ n n ("'\ Attachments: Exhibit A - Scope of Services; Exhibit B - Fee Schedule Exhibit C - Certificate. of' Exemption from W orkers= Compensation Insurance Exhibit D - List of Subcontractors ~ ACENDA ITEM NO. PACE \ , LP OF ) <:; EXHIBIT "A" " SCOPE OF SERVICES. u "r. 'U u 1.0 ACENOA ITEM NO. ~ \ 'I OF \ S, PACE . /- - EXHIBIT"B" n . SCHEDULE OF CHARGES n n ACENDA ITEM NO. V PACE \ 2, OF \,C EXHIBIT "C"@ . CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE U I hereby certifY that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State ofCalifo . Executed on California. , 20O$irt ACENDA ITEM NO. PACE \Ll LP OF\S U U . EXHIBIT "D" n USTOFSUBCONTRACTORS [INSERT] n n AGENDA ITEM NO. lR PACE G OF \.s- .,.., , , " I: "'.' u :t: u 'U n n ('\ CITY OF LAKE ELSINORE ' REPORT TO CITY COUNCIL ,TO: MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER " FROM: < '. 'J DATE:' , 'JUNE 28, 2005 ,.,; I' ,,; . ':{.'; ,SUBJECT: CITY WIDE LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT AND THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. IFOR THE,' FISCAL YEAR 2005-06 - APPROVAL OF ENGINEER'S REPORTS AND RESOLUTION OF INTENTIONS 'BACKGROUND " The City Council established a City-Wide Landscaping andLighting District in';' 1988 for the purpose pfmaintaining those'facilities in accordance 'with the Landscaping and Lighting Act of 1972, ,:','. (., ",';,., Detail of the streetlighbnventoryandprojected landscaping to be accepted and maintained by the City has been incorporated in the District Engirieer's'Annual Report -:. '<.,. -\' ('" ";" .,'; , '.. - . , . '.' With the passage of Proposition 218, in November;' 1996; park facilities are not exempt per the Constitutional Amendment The City-Wide LLMD will only include those facilities found to be exempt by the Proposition,1{1e,cost of park maintenance now falls under the General Fund, " ,', _ , '^ . - - - . -. , .~'.. '\ The Landscape and Street LightirigMaintenance DistricfNo:.1 was formed in 2003, There are currently 8 zones that have been annexed into the district. Zone 2 and 3 will be completed in FY 2005-06 and therefore full costs will be assessed. Zones 1 and 4 through 7 will only be asse'ssed th~reserveamount. Zone 8 will not be' assesse4 since no improvements have peen completed. ,', ' ". ,'" . .~".,.- . . .~" AOENDA ITEM NO. '1 PACE....L-OF 1'7 REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE 2 u. DISCUSSION Attached hereto are two Resolutions of Fiscal Year 2005-06 accepting the Engineer's Report for both districts, as presented by the District Engineer; and two Resolutions declaring the City's intent to provide for an Annual Levy and Collection of Assessments in both Districts; FISCAL IMPACT . None . RECOMMENDATION Adopt the following Resolutions: I. Resolution No. 2005,- 69 , Approving the Engineer's Report for the City WideLLMD "I ,. . '. .' '" 2. Resolution No. 2005 - ~ Declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the City Wide LLMD 3. Resolution No. 2005 - 5 ~ Approving the Engineer's Report for the LLMD" No. I 4. Resolution No. 2005 - 51 Declaring its intention to provide for an Annual Levy and Collection of Assessments in the LLMD.No. I u " ~~.......... MATT N. PRESS , DIRECTOR OF ADMINISTRATIVE SERVICES .. . ., PREPARED BY: '. , ,", APPROVED FOR AGENDA BY: f', .. U ACiENDA ITEM NO. '1 PACE 2 OF '13 CIT I (', RESOLUTION'NO. 2005 ~ So .' -- , .A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS. FOR FISCAL YEAR 2005~06 IN A DISTRICT WITmN SAID CITY. WHEREAS, the City Council of the City of Lake Elsinore, California, pursuanttotheprovisions of Division 15, Part 2 of the Streets. and Highways / Code of the State of California, did, by previous Resolution, order the preparation of an Engineer's "Report" for the annual levy ofassessments, consisting of plans and specifications, an estimate of the cost, a diagram of n the district, and an assessment relating to what is now known and designated as , ..-:- CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT (hereinafter Tefetred to as the "District"); and' . .' WHEREAS, there has now been presented. to this 'City Council the "Report" as required by said Division 15 of the Streets and Highways Code , . and as previously directed by Resolution; and' . .' . WHEREAS, ,this City .Counci( has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and' all of the n items and documents set forth therein, and is satisfied that the assessments on ACiENDA ITEM NO. ., PACiE ~ OF 73 a preliminary basis, have been spread in accordance with the benefits received U from the maintenance to be performed as set forthjn said "Report". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elsinore, does hereby resolve, determine and order as . foHows: , , SECTION 1. ; That the above recitals areaH true and correct.' , I '" 1 '; . :.' SECTION 2. . That the ','Report" as presented,. consisting of , . the foHowing: "}. .j.,.j A. . . Plans and specifications;' U B. Estimate of cost; C.. Diagram Of the District; D. Assessment of the estimated cost; , Is hereby approved on a preliminary basis, and <is . ordered to be file in the Office ofthe City Clerkas a permanent record and to remain open to public inspection. 'f SECTION 3. That the ,City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shaH so reflect the presentation of the Engineer's "Report". .. j' . /. U AOENDA ITEM NO. --, IPAGE L/- OF 7~ n PASSED, APPROVED AND,ADOPTED this 28th day of June, 2005 by the following vote: "'" .t AYES:, ' COUNCILMEMBERS " NOES: " 'COUNCILMEMBERS ABSENT:, COUNCILMEMBERS ABSTAIN: " COUNCILMEMBERS ~ ' ' (\ MAYOR 'J CITY OF LAKE ELSINORE .'1 , ' , , ATTEST:, , ;" . '1 ., ,i_'-' , CITY CLERK ' , CITY OF LAKE ELSINORE APPROVED AS TO LEGAL FORM:" '. ,t , BARBARA ZEID LEIBOLD, CITY ATTORNEY ;,1 -" : ',"'r {,', (\ AClINDA ITEM NO. I PAGE ~' OF.:J3 RESOLUTION NO. 2005 - 5..L A RESOLUTION OF THE CITY COUNCm DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISITNG DISTRICT, . PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON. u WHEREAS, the City Council of the City of Lake Elsinore, California has _previously formed a street lighting district pursuant to the terms and u provisions of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California; in that is known and designated as CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT (hereinafter referred to as the "District"); and WHEREAS, at this time, this City Council is desirous to take proceedings to provide for .the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual u '. . ACENOA mM NO. '1 PACE ('1 OF_/3 n n n maintenance of those improvements exempt pursuant to California Constitution Article' XmD within said District; and WHEREAS; at this time'there has been presented and approved by this J CiiyCouncil, the Engineer's "Report" as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy. NOW, THEREFORE, BElT RESOLVED that the City Council of the City of Lake' Elsinore, does hereby resolve, determine and order as' follows:;, ' :' ,.: -- SECTION 1; . 'That the above recitals' are all true and , correct. ,', PUBLIC INTEREST '; SECTION 2. That the public interest and convemence requires, and it is the intention of this City Council, to undertake proceedings . for the annexation of additional territory and for the annual levy and . collectioTIof special assessments for the continual maintenance of certain improvements, all to serve and benefit said District as said area is shown and delineated on a map previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and therein so referenced and made' a part hereof, arid proposed changes thereto are set forth in the "Report"ofthe Engineer, incorporated herein as a part hereof. ACENDA ITEM NO. PAGE 1 I OF "1 ~ REPORT u SECTION 3. That the "Report'" of the Engineer regarding ,the annexation ,of additional territory' and the 'annual levy for said District, which "Report" is for maintenance for the fiscal year .2005-06,. is hereby approved and is directed to be file in,the Office of the City Clerk ASSESSMENT. . . SECTION 4. That the public interest .and convemence requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's "Report" and further it is determined to be in the best public interest and u convenience to levy and collect annual assessments to pay the costs and expense of said maintenance and improvement as estimated in said "Report", . DESCRIPTION OF MAINTENANCE SECTION 5. The assessmentslevied'and collected shall be for the maintenance of certain street lighting. and landscaping improvements, as set forth in the Engineer's ,"Report':, referenced and so incorporated herein, . COUNTY AUDITOR ,: SECTION 6. The County 1\uditor shall enter on the County ., , . Assessment Roll the amount of . the assessments, and, shall. collect said assessments at the time and in the same:manner as County taxes are collected, U M~[jA ITEM NO. j)AGE ? ., OF 73 n . AftercolIectioriby the' COimtY, the net amount of the assessments, after the . deduction of any compensation due to the CoUnty for: collection, shall be paid . to the Treasurer-for' pUllJOses of paying for the costs and expenses of said District. SPECIAL FUND .. SECTION7. . That all monies collected shall be deposited ma special' fund kriowiJ.. as, -"SPECIAL FUND, CITY OF LAKE ELSINORE CITYWIDE .EANDSCAPING AND STREET LIGHTING DISTRICT". Payment shall be made out of said fund only for the purpose (\ provided for in this Resolution;' and -in order to expedite. the making of this maintenance and improvement, the City Council may transfer into said funds as it may deem necessary to. expedite the proceedings. Any funds shall be .'. ,repaid out of the proceeds of the assessments provided for in this Resolution. . . . BOUNDARIES OF DISTRICT '. . . . SECTION 8. . Said . contemplated maintenance work has been determined previously, in the opinion of this City Council, to be exempt from the provisions of California Constitution Article XIIID, and further of . direct benefit to the properties' within the boundaries of the District, and this City Council hereby declares to be the district benefited by said improvement n and maintenance, and to be further assessed to 'pay the costs. and expenses AOENDA ITEM NO. I PAGE q OF "7.3 thereof.-, Said District shall include each and every parcel of land within the U bo~daries of said District, as said District is shown on a map as approved by this City Council and onfile in the Office ofthe pty Clerk and so designated by the name of the District. , PUBLIC PROPERTY ,. SECTION 9. Any lots or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code of the State of California, which are included within the boundaries of the District, shall be omitted 'and exempt from any assessment to 1:)e wade ,under these proceedings to cover any of the costs and U expenses of said,improvement a~d maintenance work.' PUBLIC HEARING SECTION 10. ~OTICEIS HEREBY GIVEN; THAT. TUESDAY, THE 12TH DAY OF JULY, 2005, AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 183 NORTH MAIN STREET, LAKE ELSINORE, IS THE TIME AND PLACE FIXED BY THIS . .. . . . CITY ,COUNCIL FOR TflE:HEARING OF PROTESrSOR OBJECTIONS , IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION BY THOSE PROPERTY OWNERS U AQENDAffEM NO.~ PAGE Jb OF "7.~ ("'\ . AFFETEDHEREBY..ANY,PERSONSWHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD .FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. "./.., . NOTICE;'.. . " SECTION 11. That the CityClerk',is..hereby_authorized and directed to publish, pursuant to Govenililent Code Section 6061, a notice of the Public Hearing in the Riverside Press Enterprise, a newspaper of general circulation within said City, said initial publication to be not less than ten (10) . ("'\ days before the date set for said Public Hearing. Said notice shall include that information required pursuant to Government Code Section 54954.6(2). SECTION 12. That the City Clerk is further directed to cause a copy of the Resolution ofIntention and said notice to be posted upon the \ official bulletin board customarily used for the posting of notices. EFFECTIVE DATE SECTION 13. That this Resolution shall take effect immediately upon its adoption. , \ PROCEEDINGS INQUIRIES SECTION 14. For any and all information relating to the n proceedings, protest procedure, any documentation and/or information of a ACi~NDA ITEM NO. I PACE JJ Of 1~ procedural or technical nature, your attention is directed to the below listed U person at the local agency or department so designated: . . I I', . ;',-, 'J , I Director of Administrative Services. C .' City of Lake Elsinore, Gity Hall 1,~ , "., 130 South Main .street 1 . Lake Elsinore, CA '92530 l'j. . ~ L . I r " , '"i,'; :: " " , " :" J , , ,'i I; . . f .' . I " I I," ',', I ":\1': 'C , :. " ',J . U " .. 1 .1.....,1. ,,{ I: .' ..: ',' " . .'J t, ,) .'1 , ,f .' , . , ! '. :~ ' ,1"; , , , .I,. : . i ' . ~ ;:. . ;~ I ' . r ,". . 'I' u AQENDA ITEM NO ~AGE /2. -, OF 73 n (\ n , PASSED, APPROVEJ:>:ANDADOPTED this 28th day of June, 2005, , by the folI~wing vote: 't- , ';.' " . AYES:' COUNCILMEMBERS NOES: COUNCILMEMBERS . ,ABSENT: 'COUNCILMEMBERS ,. , 'ABSTAIN: eOUNCILMEMBERS' j'l. , , ,. 'J', :. , . : _~,~'.~; ,~J " :'l' ~ ,':" LT" ',", ,'. ;c ;. 1,' (; :~, i ' MAYOR CITY OF LAKKELSINORE ; l ,,_~ i .:'{-, I, :..' . - . .. , - ", '.' .,.;.' ~,'! '- ATTEST: CITY CLERK CITY OF LAKE ELSINORE :_ t.'.... > , ;-; , ',' "', " " '!;' -_,.I ',' ..,.. APPROVED AS TO LEGAL FORM: " : " "_ i 1. BARBARA ZEID LEIBOLD, CITY ATTORNEY , ,..'-; .,..; j'.':~ AGENDA ITEM NO. PAOE "3 '1 OF I~ '. '.,,>' RES()LUTION NO; 20Q5-, S~ u A RESOLUTION OF THE CITY COUNCIL. APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS' " FOR FISCAL YEAR 2005-06 IN A DISTRICT WITHIN SAID CITY. ' WHEREAS, the City Council of the CityofLak;e Elsinore, California, pursuant to the provisions ofDivisio~ 15, Part 2 oftht;:Streets an~ Highways Code of the State of California, did, by previous Resolution, order the preparation of an Engineer's "Report" for the annual levy of assessments, ,..- .-",- ,consisting of plans and specifications, an estimate of the cost, a diagram of ~ . '. - , the district, and an assessment relating to what is now known and designated u as CITY OF LAKE ELSINORE LANDSCAPING AND STREET LIGHTING MAINTENANCE DISTRICT NO.1 (hereinafter referred to as the "District"); and , WHEREAS, there has now been presented to this City Council the "Report" as required by said Division 15 of tht; Streets anf3 Highways Code and as previously directed by Resolution; and WHEREAS, this City Council has now carefully examined and reviewed the "Report" as present~d: ~d is satisfied with each and all of the U ACENDA ITEM NO, "I PACE /4 OF 73 '---.-. ('""\ items'and documents set forth therein, and is satisfied that the assessments on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said "Report". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elsinore, does hereby resolve, determine and order as follows: SECTION 1. That the above'recitals are all true and correct. __ SECTION 2. That the "Report" as presented, consisting of , n the following: A. Plans and specifications; B. Estimate of cost; C. Diagram of the District; D. Assessment of the estimated cost; Is hereby approved on a preliminary basis, and is ordered to be file in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect ('""\ the presentation of the Engineer's "Report". ., AGENDA ITEM NO. .. ..' . PAGE 10 OF 1~ PASSED, A~PROVEDAND ADOPTED this 28th day of June, 2005 U . \: by the following vote: AYES: COUNCILMEMBERS ..NOES: COUN(::ILMEMBERS, , ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEl\1BERS '\.'. ., ATTEST: '. , I CITY C,LERK CITY OF LAKE ELSINORE L APPROVED AS TO LEGAL FORM: . . ',' ; MAYOR CITY OF LAKE ELSINORE BARBARA ZEID LEIBOLD, CITY ATTORNEY ./ 'J 1.',' AGENDA ITEM NO. .. . ..... } ~ II, OF/~ u u (\ " RESOLUTION NO;,z005 -.53-'" A RESOLUTION OF THE CITY COUNCIl> DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN, . MAINTENANCE INANEXISITNG DISTRICT, " PURSUANT TO THE PROVISIONS 0.1;" , . I' DIVISIONIS, PART 2;OF THE STREETS; , AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON. " I I " ; ; WHEREAS, the City Council' of the City of Lake Elsifibre, California' (\ has previously formed a landscape and street lighting maintenance district pursuant to the terms arid provisions of the "Landscaping and Lighting Act of 1972", being Division '15, Part 2 6fthe Streets and Highways Code of the State of Califorriili, and Article' xmD of the California State:Consfit1ition, in :"., that is kn6wnand design'atedas'. " CITY OF LAKE ELSINORE , . : LANDSCAPING AND 'STREET ' LIGHTING' ,MAINTENANCE : DISTRICT NO.1 (heieinafterreferred to as the "District"); and' WHEREAS, at this time, this City Council is 'desirous to take proceedings to provide fortheanmiallevy b(assessmentsfor the next ensuing n fiscafyear,to provide for' the costs and 'experises' necessary for' toritinual -, MENDA ITEM NO. PAGE /7 OF 73 --------:;------ maintenance of public landscape and street lighting within the boundaries of U the District; and WHEREAS, at this time there has been presented and approved by this City Council, the Engineer's "Report" as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy. . . , NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore" does. hereby resolve, ~etermine and order as follows: SECTION 1. . That . ~he : above recitals' are all true and .' correct. u Ij" , PUBLIC INTEREST SECTION 2. That) the, public" interest and convenience ,requires, lIl1d it is the intention pf this City Council, to uf.ldertake proceedings . . . for the annexation of additional territory., and.;for ' t};e, annual levy and collection of special assyssments for the continual maintenance of certain improvements, all to serve and benefit said District as said area is shown and delineated on a mi\p preyiously approved by this City Council and on file in the Office of the Ci!y Clerk, open to, ,pub!jc inspection, and therein so . refereI1ced and mad~ a part hereof, and proposed changes thereto are set forth in the "Report" of the Engineer, incorporated herein,as a part hereof. u 'I AGENOA ITEM NO. - . ppa..1L-OF 1~ (' REPORT .,,'f SECTION 3. That the "Report" of the Engineer regarding > the annexation of additional territory i and the annmil levy > for said District, which "Report" is for maintenance for the fiscal year 2005-06 is hereby . approved and is directed t() be.file in the. Office of the City Clerk. ASSESSMENT SECTION 4. That" the public interesL'and' convemence requires, and it is the intention of this City Council to order the annual assessment levy forthe District as.set forth and described iri said Engineer's n "Report" .and further it is. determined to be in ,the best public interest and convenience to levy and ,collect annual assessments to pay the costs and . expense of said maintenance and improvement as estimated in said "Report". ~. i . . DESCRIPTION OF MAINTENANCE SECTION 5. The assessinentslevied and collected shall be for the maintenance of certain street lighting and landscaping improvements, as ,set forth in the Engineer's "Report", referenced and so,incofpoiated herein. COUNTY AUDITOR , SECTION 6. . The County Auditor shall enter on the County Assessment Roll the amount of the assessments;, and shall collect said n assessments at the time and in the same 'manner as County taxes are collected. AQENDA frEM NO. I PAti.E-1!1_0f 7.3 After collection by the County, the net amount of the assessments, after the u . deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes' of paying for the costs and expenses of said District. ,,'--, SPECIAL FUND SECTION 7. . That all monies collected shall be deposited III a special ,fund. known as '.'SPECIAL FUND, CITY ,OF LAKE . ELSINORE . LANDSCAPING AND . STREET' LIGHTING MAINTENANCE DISTRICT NO. I". Payment shall be made out of said fund only for the purpose.provided .for in this Resolution, and in order to u expedite the making of this milintenance and improvement, the City Council may transfer into said funds as it may deem necessary to expedite the proceedings. Any funds. shall be. 'repaid out of the proceeds of the '. assessments provided for in this.Resolution. BOUNDARIES OF DISTRICT i " .,' '. .SECTION 8. Said contemplated maintenance ,work has been determined previously, in. the opinion of this City Council, to be of . direct benefit to the properties within the boundaries of the District, and this City Council hereby declares to be the district benefited .by said improvement and maintenance, and to be further assessed to pay the costs and expenses u AGENDA ITeM NO. PAGE ;Jb , OF 13 (\ thereof. . Said District shall include each arid every parcel of land within the " boundaries of ~aidDistrict, as said District is shoWn on a map as approved by I ". _ -'"',' -,:' . , .' - this City Council and on file 'in the Office of the City Clerk arid so designated by the name of the District. PUBLIC PROPERTY SECTION 9. . 'Any lots 6rparcels of land known as public . property;as the same are defined inSedion 22663 of Division 15, Part 2 of . . the Streetsaild Highways~Code"ofthe;State of California, which are'included 'within theborindaries of the District, shallbe~assessed as described within the n Report, in cOfupliimcewith the pro-visions on Article xmD Of the California State Cohs'titutibn; .1 ; :,' " 'PUBLIC HEARiNG SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 12TH DAY OF JULY; 2005, AT THE HOUR OF 7:00 O'CLOCK P.M. . IN THE CITY COUNCIL CHAMBERS LOCATED AT 183 NORTH MAIN STREET, LAKE ELSINORE; IS THE TIME AND PLACE,FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS n IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE .EXTENT OF THE MAINTENANCE, AND ANY OTHER ' MATTERS CONTA:INEDIN THIS RESOLUTION BY THOSE PROPERFY OWNERS ACENDAmMNO. '( PACE~Oi"73 AFFETED HEREBY. ANY PERSONS WHO WISH TO OBJECT TO THE U PROCEEDINGS FOR THE ANNUAL LEVY SHOlJLD FILE A WRITTEN PROTEST WITH THE ,CITY CLERK PRIOR TO THE TIME SET AND '" - I " . " '. . , SCHEDULED FOR SAID PUBLIC HEARING. " . NOTICE SECTION 11.', That the. City Clerk IS hereby authorized and . direct~d to publish, pursuant to (}overnment Code,Section 6061, a notice of \ the Public Hearing in the Riverside Press"Enterprise, a newspaper of general . ,circulation within said, City, said initialpu1:>lication to be not'less than ten (10) . . days before the date s.et for said Publ~cHearing. Said notice shall include that , . U information required pursuant to Government Code Section54954.6(2). SECTION 12. That the City Clerk is further directed to cause a . :copy ofthe Resolution ofIntention;md sa~d notice tp be posted upon the official bulletin b()ardc~stomarily used for the posting of notices. EFFECTIVE DATE SECTION 13. That this Resolutiqn. shall take effect illJPlediate1y . upon its adoption. PROCEEDINGS INQUIRIES SECTION 14.. For any' and all information, . relating to the . proceedings, protest procedure, any documentation 'andl.qr information of a U AGENDA ITEM NO. ., PAGE 22.. OF 7-3 i --- ("", - procedural or technical nature, 'your attention is directed to -the below listed person at the local agency or department so designated: Director of Administrative SerVices City of Lake Elsinore, City HaIl 130 South Main Street Lake Elsinore, CA 92530 ('\ i II ,[ I :1 I- I' I "\ ("", AGENDA ITEM NO. , PAOE 23 OF 73 i . ';.' , P A.S~ED, APP~OVE])_ A~]) ADOPTED .tl1is28th, gay of June, 2005, U by the following v()t\:): _ ." . :r:.',;. .. ' ' ; ~ AYES: COUNCILMEMBERS NOES: COUNCILMEMBE~S 1", ABSENT: COUNCILMEMBERS, ABSTAIN: COUNCILMEMBERS . . . . - 1'. '.,' MAYOR CITY OF LAKE ELSINORE u ATTEST: CITY CLERK CITY OF LAKE ELSINORE APPROVED 1-S TO LEGAL FORM: BARBARA ZEIn LEIBOLD, CITY ATTORNEY u AGENDA ITEM NO. -, PNiE~OF 7~ Engineer's Report City of Lake Elsinore Citywide Landscape and Street Lighting District Fiscal Year 2005-06 Prepared by: II Hams & Associates June 21,2005 AGENDA ITEM NO. -, PACE 2~ OF 7 ~ .. ENGINEER'S REPORT CITY OF LAKE ELSINORE . . CITYWIDE LANDSCAPE AND STREET LIGHTING DISTRICT Fiscal Year 2005-06 Robert Magee Mayor . Genie Kelley Council Member Thomas Buckley Council Member Robert Brady City Manager Ken Seumalo . City Engineer . ",,"-. . Peter Weber .City Treasurer " Jeffrey M. Cooper, P.E. . Assessment Engineer Harris & Associates r Robert Shiffner Mayor Pro-Tern Daryl Hickman Council Member Frederick Ray Interim City Clerk Barbara Leibold City Attorney AGENDA mM NO. PACE 2b ., OF J ':3 ./ o o o - n n n , ENCiNEER'S REPORT CITY OF LAKE ELSINORE CITYWIDE LANDSCAPE & STREET LIGHTING DISTRICT Fiscal Year 2005-06 ., .' .., TABLE OF CONTENTS L INTRODUCTION II, ENGINEER'S REPORT, Part I Part II , Part III , Part tv Description ofImprovements Estimate of Cost Assessment Roll ,.. Method of Apportionment of Assessment Exhibit I - Summary of Parcel Data !lxhibit II - SUJ1lIl1ary of Zone-EDU Data Exhi bit III - Zone Assessment Summary , Part V Part VI APPENDIX A ,'Property Owners List Assessment Diagram County Use Code Information ."1'.;., APPENDIX B ',' ' Zone Map APPENDIX C Assessment Roll , I Under Separate Cover Under Separate Cover AGENDA ITEM NO. , PAGE 27 I OF'1? u ENGINEER'SREPORT CUY OF LAKE ELSINORE CITYWIDE LANDSCAPE & STREET LIGHTING DISTRICT . , Fiscal. Year 2005-f)6 The undersigned respectfully submits the enclosed report as directed by the City Council. DATED: June 21, 2005 , . By: Hairis & Associates Jeffrey M. Cooper R.c.E. No. 31572 I HEREBY CERTIFY that the enclosed Engineer's Report, together with'AssessmentRolI and Assessment Diagram thereto attached, was filed with me on the ~ day of ,2005. Frederick Ray, Interim City Clerk . City of Lake Elsinore Riverside County, California , , . , u By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was approved and connrmed by the:City Council. of the City of Lake Elsinore, California on the ~ day of ,2005. " i Frederick Ray, Interim City Clerk City of Lake Elsinore . " . ,< . Riverside County, California By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Riverside, on the day of ,2005. Frederick Ray, Interim City Clerk City of Lake Elsinore Riverside County, California By: u AGENDA flW NO. .-, IlWlE 2g' OF ,? n City of Lake Elsinore Citywide Landscape & Street Lighting District Engineer's Report - FY 2005.06 " June 21, 2005 :. .: SECTION I INTRODUCTION ;";j '.. . ENGINEER'S REPORT CITY OF LAKE ELSINORE . CITYWIDE LANDSCAPE & STREET LIGHTING DISIRIfl.' FiscalYear 2005-06 . !; .H. The City .Council of the City of Lake Elsinore approved the formation of an Assessment District. with Resolution No. 88-27 on .June28, 1988. The District was formed pursuant to the requirements of the Landscaping .andLighting Act of 1972. n The District was formed to provide a source offunds for the installation, servicing, maintenance, repair and operation oflandscaping, lighting and appurtenant facilities within the District. Prior to the fiscal year 1997-98, the boundaries of the District were coincidental with the boundaries of the City. The Engineer's Report, which was approved by the City Council when the District was formed and as amended, sets forth the methodology to be used in apportioning the assessment to .the different land use types and benefit zones within the City based upon the benefit they receive. Based on the proceedings in Fiscal Year 1997-98 and the provisions of Proposition 218, the District is exempt from the requirements of Proposition 218, unless there is an increase in the . assessment rates. At the time the District was formed, several benefit zones were established. Citywide benefit zones were established to insure a source of funds for the ongoing maintenance of landscaping and lighting improvements which are of benefit to all parcels or lots within the City. This includes landscaping and street lighting along major thoroughfares, and a portion of the secondary arterials as deIined in the Circulation Element of the City's General Plan and on other City owned properties. Several special benefit zones were established to provide a source of funding for the maintenance of improvements that are of local benefit. Currently there are twenty-one (21) special benefit zones, lettered A through U (see Appendix A, Figure I - Zone Map). . . In response to Proposition 218, passed November 5, 1996 and as now provided by California Constitution Article XmD Section 5(a), this Assessment District will only finance the capital costs, maintenance and operation expenses for sidewalks, streets, flood control and drainage. All other maintenance that is not exempt from Proposition 218 has been removed from this District. The City has determined that by removing. the non-exempt costs that the remaining improvements may continue to be paid for through the assessment district without being. subjected to the procedures and requirements of Proposition 218. The City has determined that all of the remaining improvements and maintenance are exempt from requirements of Proposition 218. n q: \els inore\lbnd\fy05-o6\reports \engrepOS.doc I ACiENDAITEMNO. PACiE 2tj ."7>.' ., '" OF 7' City of Lake Elsinore Citywide Landscape & Street lighting District En!lineer's Report - FY 2005-06 June 21, 2005 The City will not increase the assessment district rates for Fiscal Year 2005-06. To the extent any parcel changes its land use, thereby placing the parcel in a different rate category is not deemed to be an increase in rates. Parcels or lots within these special benefit zones are assessed for the maintenance of local improvements including but not limited to tree maintenance, site specific street lighting and site specific landscaping. These improvements provide a special benefit to those parcels due to their nature and location. In addition to their proportionate share of the cost for the maintenance of these local improvements, those parcels withina'speciaI benefit zone are also assessed for those improvements designated as of Citywide benefit: . . . As required by the Landscaping and Lighting Act of 1972, this Engineer's Report describes the improvements to be maintained by the District for FY 2005-06, provides an estimated budget oy benefit zone, and lists the assessments to be levied upon each assessable lot or parcel within the District. , , . '" r .,".. q :\clsinore\llmd\fy05-06\reports \engrep05 .doc 2 AGENDA !'reM NO. PAGE_3D , OF7.~ u u u - (\ (\ n . City of lake Elsinore Citywide Landscape & Street lighting District EnjQneer's Report - FY 2005-06 June 21,2005 SECTION II . .'. ENGINEER'S REPORT PREPARiD'PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 . '.. SECTION 22500 THROUGH 22679 . .' OF THE CALIFORNIA STREETS AND HIGHWAYS CODE . . CITY OFLAKE ELSINORE . CITYWIDE LANDSCAPE & STREFf LIGHTING DISTRICT Fiscal Year 2005-06 Pursuant to Part 2 of Division 15 of the Streets and Highways Code of .the State of California, and in accordance with Resolu'tion No. 88'-27, adopted by th.e Council of the City. of Lake. Elsipore; State of California, inconnection with the proceedings for: CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING ASSESSMENT DISTRICT Herein after referred to as the .."Assessment District"; i, Jeffrey M. Cooper, P.E., the duly appointed ENGINEEROF'WORK, submit herewith the "Report"consisting of six (6) parts. as . follows: . '.1. . ~'> ;. i. 1" f.", PARTl. . . . . "...' .,'. ..';. . _. .' Plans and specifications for the proposed improvements. are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Clerk of the City. PART II An estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Office of the Clerk of the City. PART III An assessment of the estimated cost of the improvements on each benefited lot or parcel ofland within the Assessment District. q :\els inore\llmd\fy05..o6\reports \engrep05 .doc 3 -r AbI!NDA ITfiM NO. . PN1E..JJ-OF 7~ City of Lake Elsinore Citywide Landscape & Street Lighting District En!dneer's Report - FY 2005-06 June21, 2005,' u PARTlV , A 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, is set forth upon the assessment roll filed herewith and made part hereof. " Contains a description of the work for the proposed improvements and description of all rights-of-way, easements and lands to be acquired, if necessary, , " PART V . A list of the names and addresses of the oWn ern of real property Within thisAssessm~nt District, as shown on the last equalized roll of the Assessor of the County of Riverside, or as known to the Clerk The list is keyed to the records of the County of Assessor of the County of Riverside, .' which are incorporated herein by reference. PART V] A 'diagram of the Assessment District Boundaries, showing the exterior boundaries of the AssessmentDistrict arid 'the boundaries of any zones within the Assessment District, has been submitted to the Clerk of the City, and is incorporated herein by reference, The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions U shown on the maps of the Assessor of the County of Riverside for the year in which this Report was prepared, and are incorporated herein by reference and made part of this Report. , ,""j , ' . ~ i , " U q: \elsinore\llmd\fy05"()6\reports \engrep05 .doc 4 ACENDA ITEM NO. PACE ~2 l OF 7.~ (\ (\ (\ City of Lake Elsinore Citywide Landscape It Street Lighting District Engineer's Report - FY 2005-06 '.,' PART I . lune 21,2005' . DESCRIPTION OF IMPROVEMENTS The facilities tabe maintained and serviced are mare generally described as fallaws: DESCRIPTION OF IMPROVEMENTS FOR '. i . . CITY OF LAKE ELSINORE' . CITYWIDE LANDSCAPE AND STREETUGHTING ASSESSMENT DISTRICT Improvements ta be perfarmed are: installatian, constructian, aperatian and/ar maintenance .of street lights and landscaping, including but nat Iihiited ta persannel, electrical energy, utilities . such as Water,' materials, cantrac~ng services and ather items necessary far the satisfactary . aperatian .of these services. No' detailtid plans and specificatiansare provided herein. . ' ... , .... STREET LIGHTING . Street lighting improvements include but are nat limited ta: .the . current payments ta Sauthern . C~ifamia Edisan Campany (SCE) f.orelectrical energy,installatian, maintenance, and aperatian .of approximately 2,422 tatallights and 17 traffic signals. The District will canstruct .one street light in FY 2005-06 .on Samuel Avenue. LANDSCAPING Landscaping impr.ovements include but are nat limited ta: irrigatian, cultivatian, installati.on and replacement .of plant material, tree trimming, and ather necessary supplies;persannel, utility, and equipment casts; cantract services where applicable; care and maintenance .of approximately fifteen (I5) acres aflake beaches, and approximately thirty-faur (34) acres .of streets capes. The District will install median landscaping a1ang Grand Avenue between Lincaln Street and Broadway Street in FY 2005-06. q :\elsinore\lhnd\fy05~06\reports \engrep05 .doc 5 ACENDA ITEM NO. pAGE. ?~ , OF 78. City of Lake Elsinore Citywide Landscape & Street lighting District En/(ineer's Report - FY 2005-06 ]une21,2005 u PART II ESTIMATE OF COST, The 2005-06 fiscal year expenditures (or costs) for the proposed district are estimated as follows:. , STREET UGHTING The City is currently paying for the operation of approximately 2,422 street lights; 185 are City- owned lights' and 2,237 are utility-owned lights. Street lighting also includes costs for maintaining 17 traffic signal lights and traffic signal maintemmce within the City. It has been determined that all properties within the City benefit from lighting and signalization on major streets; therefore, a proportional share of the cost are spread to all parcels in the City. It has further been determined that street lights on secondary streets benefit all properties within the City and adjacent local benefit areas. Therefore, these costs are split evenly, half going to major street lighting and the other halfto local lighting benefit areas. Therefore, the total amounts to be spread for the Major Street direct benefit of street lighting and for each of the level of services are as'follows: . MAJOR STREET LIGHTING AND TRAFFIC SIGNALIZATION TO BE S Light Expenses $70,800 Traffic Signals $52,270 . Administrative Costs $33,600 Capital Improvements: .Street Light Installation - Samuel Avenue Total Major Street Light Expenses = u $30,000 $186,670 WESTSIDE AREA LIGHTING TO BE SPREAD: Light Expenses $56,340 MID-TOWN AREA LIGHTING TO BE SPREAD: Light Expenses $43,400 AREA "C" LIGHTING TO BE SPREAD: Light Expenses $3,210 AREA "D" LIGHTING TO BE SPREAD: Light Expenses $11,300 EASTSIDE AREA LIGHTING TO BE SPREAD: Light Expenses $7,630 The total amount that is required for street lighting and traffic signalization in the 2005-06 fiscal year is $308,550. u q: \els inore\llmd\fy05-06\reports \engrep05 .doc 6 1 AGENDA ITEM NO. PPDE3#-Of 73 (\ 0. (\ City of Lake Elsinore Citywide Landscape & Street lighting District Enf(ineer's Report - FY 2005-06 ,if '., ~ ~ ,- June 21, 2005 LANDSCAPING , It has been determined that wetlands, landscaping and erosion protection for a levee, major street landscaping, beaches and beach water testing, benefits .a11 properties within the City; therefore, a proportional share of the cost are spread to all parcels in ilie City whether or not there is local street landscaping. .The cost of local site-specific street landscaping not <1n a major street is spread to those areas iliat have a local benefit [roin the site~specific street laildscapii1g~ '.' . : ~ . - - I , - '. - :. , ,.' [, ',' .' rl ,. The iot~ anlourits to be spread for the Citywide direct b~nbfit 'of landscaping and' f~t: i~~a1 site specific areas oflandscaping are as follows:' .,' . ,'; ;, c' ,-'.' ,.' . . MAJOR STREET DIRECT BENEFIT LANDSCAPING TO BE SPREAD: Major Street & Admin.. ' Beach, Levee & WetJands ' Capital Improvements: Median Landscaping - Grand Avenue $392,240 " $124)40' $50,000 Total Major Street Landscaping , $566,980 SITE-SPECIFIC LANDSCAPING AREAS TO BE SPREAD: AREA A AREA B AREA C AREA D AREA E AREA F AREA G AREA H AREAl $2,500 $5,160 $2,790 $4,200 $3,430 $247,550 $3,060 $10,260 $0 Total Site-Specific Landscaping Expenses $278,950 STREET TREE MAINTENANCE AREAS TO BE SPREAD: AREAl AREA 2 AREA 3 AREA 4 AREA 5 $10,250 $46,420 $23,160 $4,620 $2,620 Total Tree Maintenance Landscaping Expenses $87,070 The total amount required for landscaping assessment in the 2005-06 fiscal year is $933,000. q :\elsinore\lbnd\fy05-06\reports \engrep~5.doc 7 . " AGENDA ITEM NO. PACE .35"" , OF1,~ City of Lake Elsinore Citywide Landscape & Street Lighting District Engineer's Report - Ff 2005~06 june21,,2005 PART III ",1' .,1 ".j' f. ~-; . ASSESSMENT ROll I,' ."\ ,! -,', ,.",( . . ' - ,- The pro]Josediissessmerit ahdtlie iu'no~{o(assess.m(lnt fo~FiscliI Year2005~06apportioned to each lot or par~el,' as shown em the latest mil at the Assessor's Office are appended h'ereinand submitted separately as Appendix C ()f the City of Lake Elsinore Engineer's Report for Citywide LandsCape' &Stieet Lighting District, Fiscal Year 20050p6, .".', .' ' i: " - ., . '.' , '. The description, of.each 10,t, or Parcel is part of the records of the As,sessor of the County of Riverside and these'records are, by reference; imide'piut of this Report, The total assessment for the 2005-06 Fiscal Year is $1,241;549. ." '( '~!; l ,J l " --,lL",' , . ,. .' " . , ' . _.I~\:J ( , . j , ~. .....f 1, ; I' ,',f'. ,",', ',,1, !~' J j l ,,_, ~, " ",./ ':' If ,'.,.. ., '1 ;/ :li ___:..' 'LI) ,'" .','-' , ;, ~ , i". " , .i."; ,'4 ,-. ..1-" ,.'," (fJ <; q: \elsinore\lbnd\fyOS-Q6\reports \engrep05.doc 8 ',: . ACENDA ITEM NO. PACE 3~ , ',.1 I OF 73 u u u (', City of Lake Elsinore Citywide Landscape & Street Lighting District Enlfineer's Report - FY2005-06 " '. , ., \~' 'June 21, 2005 " !-' (' PAllT IV . 't'" . ! ~ , METHOD OFAPPORTiONMENT OFASSESSMENT A. GENERAL , Part 2 of Division 15 of the Streets and Highways Code, ,the Landscaping and Lighting , 'Act Of 1972, pennits ,the establishment, of assessment districts by cities ~or. the purpose of , prqviding'certirin' publi~ improvements~hich inclu<!es instaIlation"construction, and mmntenance and operation of street lights and street landscaping" '," , . ,. ,',' j , . " . . '.. .,'" , ' i:... .,). .' . .' . . :" 1 '. " ":.. '.' '".~. , ' : : The 1972 Act reqUires 'that the' assessments be levied according to benefit rather than , ., . . ., . _.', according to ,aSsessed value. Sectio~ 22573 provides that: , " , ,,'j ,I.". . :, .. -"", ", _.,:' '. ;" , ~'The, riet amount.to be assessed, upon lands within, an assessment djstrict , may. be ajJp,ortioned by any formula or method which fairly, distributes the , ",".' -' - "J,. . net aIAowit among all assessable lots or parcels in proportion, to the ;'," . "1.' ' . -, '. ,. '. ., ,estimated benefit to ,be, received, by each' such lot or parcel, from the " '. . . . ~ , " /, improvements, " (', , , TheActiusopermii~'th'e desigllllti6~ ~i ~o~esofbe~efit Withi~~y i~dividu~ assessment distnct if "by reasons or variations in the nature, location, and extent of the _ improv~ments,. the variqus areas ,wi!! re,ceive different degrees of benefit from the improvement" (S&H 22574).' Thus, the,1'972 Act requires the levy of a true, :'assessment" . rather than ai'specialt~,,, ' . ,', ' " , : "~; " ' . \ " ! . ',' '--f.. Excepted from the assessment would be the areas of all p'ublic streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, all public easements and rights of~ay, all public parkS,' greenbelts and, parkways and all public school pi-operty, other public property, mineral rights, and, designated open space, ' ,,', -. . ." -', --. ..' ." , Public utility owned properties would be included in the assessment district and assessed in accordance With benefits rebeiYed,' ,,' , ".', ,',,, '." ' , B. PARCEL CLASSIFICATION " ., . Since the assessment will be levi~d onth~' 6wners' of properties as shoWn an the tax rolls, , the final charges must be assigned by Assessor's Parcel Number., If asse~sinents were to be spread by parcel in various zones, not considering land use,this would not be equitable, because a single family parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment in a similar zone, (', q :\elsinore\lhnd'9'05~6\reports \engrep05. doc 9 , , '. i. AG~:~~~'~Of/~ -- City of Lake Elsinore Citywide Landscape & Street lighting District Enl?ineec's Report - FY 2005,06 4. "5:( , June 21,2005 u It has been determined that the residential parcels will be assessed by the number of dwelling units on each parcel; commercial and industrial property by the, area of the parcel. The single family parcel has been selected as the basic unit for calculation of the assessments. Parcels of oilier 'land uses ate' reduced to Equivalent Dwelling Units (EDU), in the manner described below: 1. . " -. ,j-. , - . ,.' -;., , .' ,~ " MUltiple Residential parcels, including mobile homes, are adj'us~ed in,'accordance with a multiple residential factor, determined by statistical proportion ,of relative trip 'generation from varioUs typeS of residential us-es,. in' combination with population density per Unit. Studies have found that in multiple residential areas, the primary beneficiaries of street lighting are the t~nants rather than the property owners because of increased safety and security.. 'It was concludea'that it is proper to "pass through" such an assessment to'renters. Therefore, although benefit assessments are normally property related, it is deemed valid to equate a , . ~ortion of the assessment methodology to the 'population, densitY. of the dwelling -' units.' Based on' 'data from representative cities' in 1 Southern' California, the multiple residential factor is 80percimt. For example, a J06~it apartment parcel would be assessed 80 times' a single family' unit parcel; rather than 1'00 times. ~l ". .,:, . ! 2. Condominium parcels are adjusted in accordance with the multiple residential factor of 80 percent because of the' high population density of dwelling unit~. - r' >, . '. ,-,. , 3. Corhmercial and IndUstrial parcels. are assessed on the basis offue are;; of the 'parcel. Seven thousand tWo hundr~d (7,200)'square'feet ofland has been equated to one EDU based on the minimum lot size for single fainily'parcels. Therefore, one acre is equivalent to 6 EDU. .:,. ; '. 'II -r: Ii" ',', u . ,~,. - /' , ,.. . . ' 'Nonprofit or Property Tax Exempt parcels such as churches, priv'!te schools, private hospitals, boys' clubs', women's clubs, YMCA, etc:, receive equal'benefits from this type'6f'disirictand areaSsess~d" ': .'. I . . ,. , 'Public UtilitY Owmid parcels such as 'office buildings,plahts apd yards~1l be assessed the same as other similar land uses.' '. '.' . , 6. Vacant parcel assessments are adjusted by a factor of 20 percent. All vacant '" 'parcels will 'receive 0.'2 EDUSfor the first acre oo.d 1.2 EDUi;'(6, * O.2)fbr each additional' acre. .1" ";:(; " ," "j I ,-, u JO I OFi3 q :\elSinore\llmd\fy05:06\reporls \engrep05.doc ACENDA nEM NO. PACE 2,11 (\ (\ (\ City of Lake Elsinore Citywide Landscape & Street lighting District Engineer's Report - FY 2005.06 June 21, 2005 In smnmary, Equivalent Dwelling Units have been determined to be as follows: '"1',,( Single Family Residential + DU '" 1 EDU r' . Multiple Resi\lential" Mobile Hom~s, :Condominiums . , .J pU = 0.8 EDU ','. CommerciallIndustrial , '(nunimum of 1 EDU per parcel) lAC C'6.EDU ., ," ,-.. .... " , Agricultural .. (minimum of 1 EDUper parcel) 1 AC = 6 EDU - :,1 f f ~: ~ . I Vacant, (minlmiun of 0.2 EDU per parcel) 1 Ac =0.2EDU" 1.2 EDUleacli add'l acre. Therefore, as previously stated; itis'proposed:to spread assessments by 'the number of dwelling units on a parcel in residential areas, and by'the area of the parcel in cOmmercial and industrial areas. ' ," ".;' C. CATEGORIES OF BENEFIT , Street Li/!htin/!. '. , ' A portion of the benefits for certain improvements may be spread over all parcels of the City on an equitable basis. This applies to street lighting and traffic signals on major streets, since vehicles emanating from all parcels throughout the City use these streets and receive a benefit from the additional safety and security providtrd by .the lights. The cost of street lights'on secondary streets are split evenly, half going to Major streets and the other half going to local lighting benefit areas based upon levels of, service. The, balance of the street lighting costs, which are spread 'as a benefit assessment to parcels, depend upon levels of service.. The levels of service, relative to local lighting benefits, are broken dowri into six separate categories:" . Westside Lighting westside' areas with street lights eastside 'areas wIth street lights riIidtoMt and southside areaS with street lighting Eastside Lighting Midtown Lighting 'Area "C" street lightsservirig Tract 19402 Units I & 2 Area "0" street lights serving Tract 18719 Units 1 - 5. j," No lighting street lights are spaced over 300 feet apart. In areas where there is no lighting, there is no local benefit assessment . levied: q :\els inore\Ilmd\fyOS-06\reports \engrep05 .doc 11 ACiENDA ffEM N6. '1 PACE3!L-Of"13 City of Lake Elsinore Citywide Land=pe & Street Lighting District ET1f(ineer's Report -~ Ff 2005-06 June 21,2005. u Landscapin{! , .', ~ Maintaining the street trees and street medians protects the street from erosion, depth and from tree limbs from falling into or blocking the roadway, . The costs' of landscaping on major streets, wetlands, levee beaches and beach water testing are spread as a direct benefit assessment to all parcels, Costs associated with landscaping on secondary streets are spread both Citywide and to the parcels 'that receive local benefits, Those costs are split evenly, half going to Citywide and the other half to the site-specific street landscape area, The street landscaping costs on the reIl)aining streets are spread to all parcels in the neighborhoods with local benefits, ' ' ..' Major streets are d~fined as Arterial (110') ,and Major Streets '(I 00') per ,City of Lake Elsinore General Plan, they are: Highway 74, 'Lakeshore Drive,'Mai~ Street, Riverside Drive, Robb Road, Grand Avenue, Mission Trail, Railroad Canyon Road, Diamond Drive, Corydon Street, Summerhill Drive .from Railroad Canyon Road: to Riverside Street, Tuscany Hills Parkways, and Grape Street. Per the "City of Lake Elsinore General, Plan 1992 .Land Use Map", the following existing streets are classified as secondary (88'): Machado Street from Grand Avenue to Lakeshore Drive, ~Dexter Avenue, Sixth Avenue from Casino Drive to Lakeshore Drive, Terra Cotta Road from Lakeshore Drive to Nichols Road, Lincoln Street from Lakeshore Drive to Nichols Road, Lincoln Street from Grand Avenue to Riverside Drive, Lincoln from Machado Street to \ Shore Cliff Drive, Chaney Street from Lakeshore Drive to Dexter Avenue, Graham Avenue from Lakeshore Drive to Main Street, and Pottery Street from Main Street to . Franklin A venue" The remaining City streets are' classified below tl]e secondary street U level. . There are 'nine areas Witll specific local benefits due to laridscaping,They are ,as follows: Area nAil ,landscaping along Machmto at the Grand Aveintersection Area "Bit , . landstapirig along Madison & Garfield Street~ Area "e" land,scaping in Tract, 19402 landscaping along Terra Cotta Road Area "D" Area liE" landscaping in Tract 19344 -'Se~enity Area "F" landscaping and slope maintenance adjacent to Summerhill Drive, ~ but not in the road right-of-way Area fiG" ".r . landscaping along east side of Machado Street between Lincoln and Lakeshore Area "Hit landscaping at Orange Grove Way q :\els inore\llrnd\fy05 -06\reports \engrep05 .doc 12 AOENDA rrEM MO. PACE ~() 'I OF "13 U ('\ City of Lake Elsinore Citywide Landscape & Street lighting District Enfdneer's Report - FY 2005-06 ,':. ,., June 21, 2005 Area "I" " landscaping along Lincoln Avenue The costs of the Assessment District's incidental expenses are spread as a Citywide direct benefit assessment. ," . ....... The costs for the maintenance' of trees in designated areas are spread to the 'parcels that " receive local' benefit., See Appendix' A, Figure 4~' Tree Maintenance Areas, for the delineation of the five tree maintenance zones,' , _/ BENEFDZONES , " " " " ' " A system of zones, encompassing both street lighting 'and street landscaping levels of service, has, been developed, Thes,e zones, combined with an assigned land use based on the County-assigned use code for. each parcel, have been used as the methodology for spreading the assessments to each parcel within the City, The County-assigned use codes . and a,brief description of them are shown in Appendix B, D, The zones are as follows (See Appendix A, Figures 1-4): ;" " " ',' ,'ZONE A ZONE B n ZONE C ZONE D ZONE E ZONE F '''' ZONE G ZONE H ZONEt c ZONE] ('\ , Majorstreet lighting and Maj6tStreet landscape benefits only, , ' Maj or street lighting, Major Street landscape benefits, and site- speCific lighting (midtown'area), and tree maintenance Area 1. Major street lighting, Major Street landscape benefits, and tree ,maintenance'Area 1'. ',.;,' ., Major street lighting, Major street landscape benefits, site-specific lighting (midtown area),' and tree maintenance Area 2: "f" Major street lighting, Major street landscape benefits, and tree maintenance Area 3:' . ',. .:. '1 Major street lighting, Major street landscaping benefits, and tree maintenance Area 4, Major street lighting, Major street landscaping benefits, and site- specific lighting (Westside Area). ,Major street. lighting, Major. street .landscaping benefits, site- "specific lighting (Westside Area), and tree maintenance Area.5, ... .', ," " .. , . ", , Major street ItgJ:tting, Major street landscaping benefits, and tree maintenance Area 5. ' , ..., . 'Major street lighting, Major street lahdscapin'g benefits, site- , , specific lighting'(Westside Area),'site specific landscaping Area A, and tree maintenance Area 5. "" . ., .. q: \eIs inore\llm'd\fy05-06\reports \engrep05.doc 13 I OF '/ '=> ACENDA ITEM NO. ppe,e ill .... City of lake Elsinore Citywide Landscape & Street lighting District Enf[ineer's ~efXJrt - FY 2005-06 June 21,2005. ZONE K . Major street lighting, Major streef landscaping benefits, site specific lighting (Westside Area), site specific landscaping Area B, and tree maintenance Area 5. ,ZONE L, Major street, lighting, Major street landscaping benefits, site . specific landscaping Area C, site specific lighting Area C,and' tree maintenance Area 5. , ,~ i, ~, . ',' ZONE M Major street lighting, Major street landscaping benefits, site specific lighting A~ea D, and site specific landscape. AreaD. Major street' lighting, Major street landscaping benefits, site specific landscaping Area E. ZONE N ZONE 0 Major street lighting, Major..street landscaping benefits, and site specific landscaping Area F, Major street lighting, Major street landscaping benefits, site specific lighting (Westside Area), site specific landscaping Area G, and tree maintenance Area 5, . ZONE P ZONE Q , . 1 . . . . Major street lighting, Major street landscaping benefits, site specific' landscaping Area G, and t;ee maintenance Area 5, ZONE R ' '." ." Major street lighting" Major street. landscaping benefits, site specific lighting, Area D and site specific landscaping Area H. .. ZONE S '. , c, " . . , , \ Major street lighting, Major street landscaping benefits, site specific lighting (Westside Area) and tr~e maintenance Area 3, . , ! '., ",," , , Major street lighting, Major, street, landscaping benefits, site specific lighting (Eastside) and site specific landscaping Area F. Major street' lighting, Major str~et landscaping benefits, site specific lighting (Westside 'Area) and site specific landscaping Areal. tONE'T ZONE U E. ASSESSMENT RATES " The following tables (Exhibits' I,U and III) swnmarize the parcel information and assessment rates for the budgets shown in PartIl for FY2005-06, Exhibits I and II summarize the parcel data for the District bas.ed upon the information obtained from the County of Riverside Assessor's 'Office and the calculation of EDUs using the methodology described in Section II, PartlY. 'Exhibit III is a summary of the rates per improvement and benefit zone for determining the assessment rate to be levied per EDU based upon the proposed budget'for FY 20.05-06. See Appendix C (Assessment Roll) for the preliminary assessments per parcel. q: \elsinore\llmd\fy05-06\reports \engrep05 .doc 14 c, ACENDA ITEM NO. 'I PACE iJ'Z- OF.J? u u u (\ n n City of Lake Elsinore Citywide Landscape & Street lighting District Engineer's Report - FY 2005.06 june21,2005 F, ADMINISTRATION It is recognized that using the information on the County Assessor's tapes as the primary source for the assessment formula may lead to circumstances and errors that do not fit the interit of this program when dealing With specific parcels. . .. . . Where such circumstances are 'discovered, either by the persons. administrating this program or by the owners' of the properties affected, suc~ circumstances shall be reported to the Director of Administrative Services, who may. make such final corrections or adjustments as are consistent with the concept, intent and parameters of the programs set forth herein. q ;\els inore\lbnd\fyOS-Q6\reports \engrep05 .doc 15' , on3 AGENDA ITEM NO. PACE 43 City of Lake Elsinore Citywide landscape & Street lighting District Engineer's Report - Ff 2005-06 PART V fROPERTY OWNERS LIST June 21,2005 j, 'c-~ The property owner list with the names and addresses of each property owner of each lot or parcel, as shown on the Assessment Diagram in Part VI herein, is the list of property owners shown on the last equalized roll of the County Assessor of the County of Riverside and is, by reference, made part of this report (see Part III" Assessment Roll). . q :\elsinore\lhnd\fy05-06\J"eports \engrep05 .doc 16'. ! AOENDA ITEivi ...'L PACE If II- 'J' OF73 u u u n n (\ City of Lake Elsinore Citywide Landscape & Street Lighting District Enfdneer's Report - Ff 2005-06 June 21, 2005' PART VI ASSESSMENT DIAGRAM An Assessment Diagram for the Assessment District has been sub nutted to the Clerk of the City in the format required under the provision of the Act. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the County Assessor of the County of Riverside, for the year when this Report was prepared, and are incorpotilted"byreference herein and made part ofthis:Report, (I ;'; q :\elsinore\llmd\fy05.06\reports \engrep05, doc 17 ACENDA ITEM NO. ' PAGE q~ OFi3 City of Lake Elsinore Citywide Landscape & Street Lighting District Enfdneer's Report - FY 2005-06 EXHIBIT I SUMMARY OF PARCEL DATA June 21, 2005 u Single Family Residential Multiple Residential/ Mobile Homes Apartments / Condominiums Commercial/Industrial Vacant Parcels Utility Parcels Exem t Parcels TOTAL EXHIBIT II 8,874 295 426 454 10,058 20 1,479 21,606 N/A N/A N/A 698.47 11,960.67 50.38 N/A 12,709.52 SUMMARY OF ZONE - EDU DATA 8,874.00 731.20 1,488.80 4,230.90 14,620.06 310.08 30,255.04 u jIi')"':7"",",""'I1l!!Il'''''''C'E'1S ,g,t):1@jF'~Q,,:!eJ~4itit; 1i%~ilHWt;:,:;w,; A 18,084.09 B 210.80 C 1,385.14 D 1,804.28 E 1,401.84 F 441.02 G 1,712.07 1,128.70 42.00 43.20 341.00 118.86 . 198.57 218.00 30,255.04 q ;\els inore\lhnd\fy05-06\reports \engrep05.doc 18 1,641.32 724.70 63.00 234.94 126.00 246.53 89.00 u AClENDA mM NO. PACE 'Iv I OF73 n n I II II I, II " I' II (' g '" ;;i ~ ~ ..., " - . ~ " , . 0 . z 0 . " . , . w . 0 r " . ; " ~ w 0 " . ;: " ~ ~ < < 0 , . . " ~ Ii . . ~ ;; ~ ~ ~ ~ g ", - . . . g ;; " . . . , " ~ ~ ~ ~ ~ ~ " " ~ " . ie, " , ~ o. , gm!: . " . ~., ~ . '" . .;: " . '" " 0 " . . ~ . ~. . . # ~ . ~ " l'i . ~. - ~ , . u . ~ ~ .' - " I ffi ~" ~ " ~ , . . ~ ~" . . . w < " w ~" ~ ~ . ~ . . 0 p " ~. , , ~ . . 0 . . -- I , ~ - ~ ~ - - 0 . " \ . ~ r ~ ~ . ~ ~ g ;;; ~ ~. . . ~ " . ~ ~ ~' ~ ., ,.; . ~ . '" , ' '" ~ ~ . ~I . . . z ~ i: , . ~ u ~ . ~ . . ~"' . ~ . ~ "e . . u " . .- ~ 0 ~ " - ..:. 0 . , N "" < ~' - . ~, . . . . - ~ ' " . ~' . . . , ~ . . . . ; ; . . . ,; . . . , , ,; ,; . . , ; . . . . , ,; , . , , . ,; " ~~ . ~ ~ ~ ,; ; . . . . ; ,; . . " o~ ,; ,; ~ . - ~ "w " = <0 ~ ~ . ~. ~. . . R , ,.; . . , . , " ~ ~ ~ .. ~ . u . r ~, . ~ I 0 ~ . ~ e~ " , ~ . t $ ~ w 00 " '- . < " . . " . ~ . . '- " ~ , '- i '" "w . " " ~ ~~ , " . . . . , , , ::::-; . . . h , , , . . . . !~ , , . . . . 8 " , . . - 0 8 ~' t~ ~~ " " '. . . . 8 ~ !! . '. . . g ~ 8 q , " ~ < o~ . ~ . " ~ " ~~ ~ . ~ re :t m " . " ~ ~ .. i::: ~ . . ~ 0 g ~ " ';' _ " " . " ~ . ~ < t ~ !l.: il 8 " ~ - " , 5 - - . . ~H . ,; . 0 " z 0 , . " . 0 r .,' . . . < 0 ., '- -~ ~ Ii < - ",h ,', . i . I i f I ., " A rfEMNO. :3 ACEND , , 11'1 'OF] , PACE~ " 'U -Engineer's Report for ,_ u Lake ELsinore Landscape and-Street Lighting Maintenance District No. 1 '., ", , City of lake ELsinore ' . Riverside County, California . Prepared by: ;"; II Harris & Associates . June 21, 2005 AGENDA ITEM NO. -, PACE tfg OF.-J ~ , U n (\ n City of lake ElSinore landscape'and Street Lighting Maintenance DistridNo.l "':' ,June 21; 2005 " .~ Page i . ENGINEER'S REPORT LAKE ELSINORE LAt'lDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1' . The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that she is a Prt!fes$i01.lal Engiiteer, registered in the S(aleofCaJifornia, DATED: June 21,2005 ~.~~... RC.E. No. 41965 i,_. . J(; ,..~ L HEREBY CERTIFY that thetm,close? Engineer;s Report, together with Assessment Roll and Diagram thereto attached, was filed with me on the _ day of . ,2005. . ,City C1~k,CityofLakeElsinore Rjversid~ Courtty, California, . By I HEREBY CERTIFY thllttl1e enclosed Ertginew-'s Report, together with Assessment Roll and Diagram thereto attached, was approved aod confirmed by the City Council of the City of Lake Elsinore, California, on the _ day of , 2005. City Clerk, City of Lake Elsinore Rjverside County, California By . .. III Harris & AsSociates AGENDA ITEM NO. I PAGE '/, OF 1~ q:\eJsi~e\llmd1\~5.-06\r9ports\lI!'l1d1 engineer's repartp5.doc City lif Lake Elsinore Landscape and Street Lighting Maintenance District No.1 , ' June 21, 2005' Page ii ENGINEER'S REPORT LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. I u i" !'I,' TABLE OF CONTENTS , ' Certificates......................... ..:~'... ................................"..........:......1. Report.. ~:..~:.........:.................................................................... ::..:.................;.: I Part A - Plans and Specifications..........................................:..,.:......... 3 Part B - Estimate" of Cost............ ......................................:..................5 Part C - Assessment Roll .: ..........................................................9 .. ,': . 'Partb-MethodofApportionnieritofAss~ssment....~':......-................'..10 . . , . . Part E - PropertY OWner List.............................................................. 15 Part F - Assessment DistrictBoundary .............................................. 15 J. " u .' I 'J ., '" , ~ 'Q:\ElSINORE\LlMD1\fyQ5-06\reports\LLMD1 Engineer's Report05.doc. u . III Harris & Assooates A~ENOArra.\ NO.~ pAGe IJO Of 73 n (\ n City of Lake Elsinore Landscape and StreeUighting Maintenance District No;' 1 June 21, 2005 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 XmD of The California Constitution, and The Proposition 218 Omnibus Implementation Act (California Government Code Section 53750 Et Seq.) . . Pui~uant to Part 2'ofDivisionl5 ~fthe Streets and Highways Code ~ithe State ofCalifomia, Article, xmD of th'eCalifornia Constitution, the Proposition 218 Onmibus 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 LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. I 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. PARTB 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. a:\ELSINORE\LlMD1\fy05-Q6\reports\LLMD1 Engineer'S Report05.doc !!!!! I Harris &.. A5Sfdates A(jEN~ NO. PACE~OF 7/.3 City of.Lake Elsinore Landscape and Street Lighting Maintenance District No.1 . June 21, 2005 Page 2 . PARTD The method of apportionment 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. PARTE 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. ." PARTF The Diagram of the Assessment District Boundaries showing the exterior boundaries of the. Assessment District, the boundaries of any zone~ within the Assessment District and the lines and . dimensions of each lot or parcel of land within the Assessment District . . " , , ") ," . f ! i .,' I I' "'j, ....,. '(; " , ' . ; q:\ELSINORE\LlMD1\fy05-06\reports\lLMDt Engineers Report05.doc == I Harris & Associates ACENDA niM MO. "I PAGE 5 z.- OF '"13 u u u Cityilf lake Elsinore landscape and Street lighting Maintenance District No.1' June 21' 2005 ' , Page 3 (1 , PART A PLANS AND SPECIFIcATIONS " ' .-.' , , The facilities will be operated;' serviced and mainta'ined as' generally d~scribed as f~ilows: , > . , ; " , ..' 1 , DESc;RIPTION OF IlVIPROVEMENTS, FY 2005-06 The facilities to be mai~tained and servicedincl~de .Ia;;dscaping [of the specific Mai~tenance District as described herein, 'Facilities include but are ~ot limited to: landscaping, phmting, 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. The facilities within the public right-of-way that are to be maintained and serviced include approximately 10,039 square feet of landscaping and 49'street lights. . , -. Zone 2 (Annexation No. 1):-' Encompasses the Elsinore Homes Development and funds landscape , and street lighting maintenance and operations. The facilities within the public right-of-waY that are. to be maintained and serviced include approximately 5,850 square feet of landscaping and 16 street lights. ' (\ Zone 3 (Annexation No.2) - Encompasses the Pepper Grove Development and funds landscape and street lighting maintenance and operations. The facilities within the public right-of-way that are to be maintained and serviced include approximately 22,560 square feet of landscaping and 4 street lights. , Zone 4 (Annexation No.3) - Encompasses the Serenity' Development and funds landscape and street lighting maintenance and operations. The facilities within 'the public right-of-way that are to be maintained and serviced include approximately 630 square feet of landscaping and 63 street lights. Zone 5 (Annexation No.4) - Encompasses the Rosetta Canyon Development and funds street lighting maintenance and operations. The facilities within the public right-of-way that are to be maintained and serviced include 215 street lights. Zone 6 (Annexation No.5) - Encompasses the La Laguna Phase 3 Development and funds street lighting maintenance and operations. The facilities within the public right-of-way that are to be maintained and serviced include 28 street lights. Zone 7 (Annexation No.6) - Encompasses Tract 28214 of the Alberhill Ranch Development and funds street lighting maintenance and operations. The facilities within the public right-of-way that are to be maintained and serviced include 244 street lights. Zone 8 (Annexation No.7) - Encompasses Tract 32670 of the Belcaro Development and funds landscape maintenance and operations. The facilities within the public right-of-way that are to be maintained and serviced include approximately 1,080 square feet of landscaping. (1 Q:\ELSJNORE\LLMD1\fy0fr06\reports\lLMD1 Engineer's ReportOS.doc = I Harris & Assodates 'ACENOArteMNO. .,' , PAGE 152, OF 1.3 City of Lake Elsinore Landscape and Street Lighting Maintenance District No; 1 June 21, 2005 Page 4 Maintenance for landscaping means the furnishing of services and materials for the ordinary and usual U maintenance, operation and servicing of the landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the hmdscaping or appurtenant facilities; providing for the life, growth, he!lith and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and ' other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. . Maintenance for street lights 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 furnishing of water for t1ie irrigation of the landscaping and the maintenance of any of the lighting facilities or appurtenantJacilities and the furnishing of electric current or energy, gas or other illuminating agent forthe lighting' facilities, or for the lighting or operation of the landscaping or appurtenant 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. . ~ - ' . I , ,:. ,'-.: U ,i , ," u Q:\ELSINORE\LlMD1\~06\reports\LLMD1 Engineer's Report05.doc = I Harris & Associates AOENOA ITEM NO. t PAOE~OF:1B (\ n (\ City of Lake Elsinore Landscape and Street Lighting Maintenance District No.1' June 21; 2005 Page 5 PART B ESTIMATE OF COST The estimated cost of the' operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2005-06, as described in Part A, are swnmarized herein and described below. LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1 Prooosed Budl!et - Fiscal Year 2005-06 Zone I, Estimated Costs Landscaoing Operations and Maintenance Reserve (10%) Sub-Total Street Lighting Operations and Maintenance Reserve (10%). .;' Sub- Total Total Estimated Costs Zone 2, Estimated Costs Landscaoing Operations and Maintenance Reserve (50%) Sub- Total Street Lighting Operations and Maintenance Reserve (50%) Sub-Total District Administration' Total Estimated Costs $3,34L76 $334.18 $3,675.94 - $8,853.80 $885.38 $9,739.18 '", $13,415.12 $1,904.64 $952.32 . $2,856.96 $2,827.12 $1.413.56 $4,240.68 $936.36 \ $8,034.00 c;,. I: I Harris & Assoaates ACENDA ITEM NO. - -, PACE ~ OF 73 a:\ELSINORE\LLMD1\fy05-06\reports\l...lMD1 Engineer's Report05.doc City of lake Elsinore Landscape and Street Lighting Maintenance District No;' 1 : June 21, 2005 , 'Page 6 Zone 3, Estimated Costs u Landscaoing '" , Operations and Maintenance ,Reserve (50%) Sub- Total $7,36358 $3.681.79 $1l,04537 Street Lighting Operations and Maintenance Reserve (50%) Sub-Total $708,90 $354,45 $1,063.35 District Administration $918,00 Total Estimated Costs $13,026.72 Zone 4, Estimated Costs' " Landscaoing Operations and Maintenance Reserve (50%) , Sub-Total , $20160 $10080 $302,40 " Street Lightffig Operations and Maintenance Reserve (50%) Sub-Total $11)14.00 $5.607.00 $16,82100 ' District Administration $900,00 Total Estimated Costs $18,023.40 Zone 5, Estimated Costs ~ ,I' Phase I ' , Operations and Maintenilnce Reserve (50%)' , Sub-Total $21,182,00 $1059100 $31,773,00 Phase 2 Operations and Maintenance Reserve (50%) Sub-Total $17,088.00 $ 8.544,00 $25,632,00 District Administration $900,00 Total Estimated Costs $58,305;00 .j u u = I Harris & Associates ACENDA ITEM NO. I PACE tiV OF I~ . a:\ELSINORE\LLMD1\M)5-06\reports\lLMD1 Engineer's ReportOS.doc n (\ (\ City of Lake Elsinore Landscape and Street Lighting Maintenance District No.1. Zone 6, Estimated Costs. :June 21, 2005. Page 7 Operations and Maintenance Reserve (50%) Sub-Total District Administration Total Estimated Costs Zone 7, Estimated Costs Operations and Maintenance Reserve. (50%) Sub-Total District Administration Total Estimated Costs Zone 8, Estimated Costs Operations and Maintenance Reserve (50%) Sub-Total District Administration Total Estimated Costs ,,-. .$4,984.00 $ 2.492.00. $ 7,476.00 $900.00 $8,376.00 $43,432.00 $21.716.00 $65,148.00 $900.00 $66,048.00 $356.40 $17820 $534.60 . $500.00 $1,034.60 For Zones 2 and 3, improvements will be completed within FY 2005-06; therefore full costs will be assessed. For Zones I and 4 through 7, only the reserve amount for FY 2005-06 will be collected. For Zone 8, no assessment will be collected for FY 2005-06 since no improvements have been completed. Total FY 2005-06 Zone Assessment 1 $1,218.28 2 $8,034.00 3 $13,026.80 4 $5,708.50 5 $10,591.80 6 $2,49L16 7 $21,71722 8 $0.00 Q:\ElSINORE\LLMD1\fy05-06\[eports\LLMD1 Engineer'!? ReportOS.doc l = I Harris & Associates ACENDA ITEM NO. ./ PAGE~OF:J~ - City of Lake Elsinore Landscape and Street Lighting Maintenance District No; 1 June 21, 2005 . . Page 8 The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. U 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 I must be carried over to the next fiscal year. .' , a:\ELSINORE\LLMD1\fy05-06\reports\LLMD1 Engineer'S Report05.doc = ~=;:s & Assodates ACENDA NO.. 'I PACE J!?J OF 7'7 U U - n (\, n City of Lake Elsinore Landscape and Street Lighting Maintenance District No; 1 June'21, 2005 Page g, PARTe ' ASSESSMENT ROLl: The proposed assessment and the amount of assessment for Fiscal Year 2005"06 apportioned to each ' lot or )l,arcel, as shown on the latest roll at the Riverside C?uuty Assessm',s Office, are appended herein 'and submitted 'separately as Appendix C of the City 6f'Litke Elsinore Engineer's Report for Landscape and Street Lighting'Milintenance.DistrictNo, I,Fiscal Year 2005-06, ,'" "., . ',;' ., , ,- ~ ,. , . , . ~ The description of each lot or parcel is part of the records of the Assessor' of the Coimty of Riverside and these records are, by referel!ce',~,ade part of this Report, 'J " , . ,',' , , .", , ,-, J ,'I',: ,,' "_ '.:L ,\',!., ,"I" ~ ~ ";; ;". , ..' . , "].. " ,\ " '." 'I: ..: >),' ~ .. '" -," ,:./, i, . ',-;,-,' 1:' -:t'- '-,,' ',':]IL ':"'.;-".';, '" \." .:'"j ,...;,,1,' " -~ it' .:., ,: ',; ~, .-1. - q ;',' , , li}, '.', ,'" ..'1 :" ;,'1 'ii:, >;,' . \"l','- .;~ :;' .' - '." ;"'" " " 'r-~ ,':. ", -.-"".' :.'J ; 1 I". ,'- ,'~f: ;"l d ,.-t _.t' " . I ~ . ,'-, .." ; .1, tj,' -' -"j,' '; -,,' ~, - , , .,"1:: " ;, ,.' 'I.':" ,',' r,-, ~ ; Q:\ELSINORE\LLMD1\fy05-Q6\reportsIlLMD1 Engineer's ReportOS.doc = I ~arris & Associates I OF 73 ACENDA ITEM NO. PACE 5' City of Lake'Elsinore Landscape and Street Lighting Maintenance District'No. 1 June 21, 2005 Page 10 ~ PART D . METHOD OF APPORTIONMENT OFASSESSMENT u GENERAL. . ~' \ " ;i' . '... " p ,....' ~. Part 2 ~f Division J 5 ~f the Streeis and, Highways C~de, the Landscap~gand, Lighting Act of 1972, permits the establishment.of lI!isessmeI)t 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. .!' ," .", "" . '. I -'! '. " 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." u In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot arid added Article XllID to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XllID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. Article XlllD 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 landscaping, street lighting and appurtenant improvements within the District. SPECIAL BENEFIT ANALYSIS Street Landscaping, Slopes and Greenbelts. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value. In Parkwavs and Land Values. written by John Nolan and Henry V. Hubbard in 1937, it is stated: "... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable u ." = I Harris & Associates ACENOA ITEM NO. '-, - PACE...k!L-OF (D Q:\ElSJNORBLLMD1\fy05-06\reports\llMD1 Engineers Report05.doc City of lake Elsinore lan~scape andStreetlighting Maintenance District No; 1 ' . ',' " ' Julie,h, 2005 ;, '., Page 11 (\ fmancial profit'to the City. It hasbeeri,believed that the establishment of parkways causes a rise in real estate ,-:aluesthroughou! the City, or in Parts of the City",." '-,' It Should be noted that the defmition of "parkways" above may include the roadway as' well as the landscaping along side the roadway. .. ., - .. . .. . The ongoing operation andimuntenance of the sireeflandscaping, 'slopesandgr~en~ays within the' , individual'diStrict; as'identified in 'part A of this Report, provide beautification to the areas that' result' inaspecial.benefitto thepaicels Within the tracts adjacent to' the improvements. Iflheselandsca'ped' areaswere not properly maintained, the tnlct would be blighted: " " '. ' . ":,, . ' . The City of Lake Elsinore considers the maintenance and upkeep of parkways and adjacent slopes to be the responsibilitY' of the adjacent developnient due to' the added beautification of the local community' which extends to.the perimeter of the development. ',~ ,.,. -- ~. 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. 0, :~'.' . ,',.:' . : - ,- ,}.; '., '.;,! " . :.; '. ,J-. .. " , ,-""'r.' , BENEFITS OF STREET LIGHTING ,., n Security .md Safety" . Mitigates crime . Alleviates the fear of crime . Enhances safe ing.-ess/egress to propertY' Cominunity Character and Vitality . Promotes social interaction o. Promotes business and industry ',' , .' Contributes to a positive nighttime :'visual iffiage .., ,J Improvements thdt 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' l!Jcatedwithin,the localized areas, " :, ' " . .. ',,'" ", i' -,' , Localized Improvements ,.. Parcels that have localized landscaping such as entryway: landscaping, parkway landscaping, etc" and street lighting adjacent to or near their parcels directly benefit from the. improvements and ~re,assessed for the ,costs o::'~e localized improvements, , " ASSESSMENT METHODOLOGY ,.: "'<, ,., , The maximum armual maintenance 'asse'sSriteriti; 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 maximwn as~sSl!lent rate wi~out ~eceiv~ng property owner approval for the increase. . ~;,. ':, Zone'! !" "', "", " ., .. - ',' '." .. t., ", _ .. .. The parcels of land in the DiStriCt are single family residential' (SFR) lots, with eilch 'of ihese lots. . benefiting equally from the improvements'being maintained, Therefore, the costs assOciated with the . landscaping and street lighting within and directly adjacent to the development; as shown in PaitH of tlris report, will be apportioned on a residential lot basis. The table below provides the FY 2005-06 assessment apportionment for Zone I. n . . . , g:\~LSINoRE\LlMD1IJyQ5-06\rePOrts\LLMD1 Engineers Report05.doc _, Harris & Associates ACENDA ITEM NO. I PAGE-'.d....-- OF 7 '3 City of Lake Elsinore Landscape and Street Lighting Maintenance District No.1 June 21, 2005 Page 12 SFR , Lots 133 Max. Maint.. Asmt oerLot $100.87 Actual Asmt '" . oer.Lot, $9.16 Total Asmt , For District $1.219.56 u Zone 2 ' '. !' ,,' ! Ti)e parcels of land i':l Zone 2 ,are single family residential (SFR) . lots, with .each of these, lots ' benefiting equally from the improvements being mai!'taiJied: Theiefore, the costs associated with the landscaping and,street lighting "YithiJ?~nd directly adjacent to the development, as 'shown ill Part B of, this 'report,will be apportioned on a residential lot basis, The table below provides the FY 200~c06.. . ., <" .. , , ., .' . assessment apportionment for Zone 2, ' I SFR, ,.' Lots 50 Max.;Main!. Asmt oerLot $160.69 Actual Asmt Der Lot $160.68 Total Asmt . , For District $8.034.00 i" \' Zone 3 ';.. '" '.. " The parcels'of land 'in Zone' 3'~e single 'family ;esldential (SFR) lots, ~ith eacli 'bf these lois . benefiting equally from the improvements being maintained, Therefore, the costs associated with the landscaping'and street lighting within and 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 FY 2005c06 assessment apportionmentfor Zone' 3. . . .' ,', .,f SFR Max.. Main!. Asmt Actual Asmt -'.J Total.~mt U ' Lots r Lot r Lot For District - ' 29 $449.21 $449.20 $13.026.72 1,.:- .. ,. Zone 4 " , , " The parcels of land in Zone 4 are single family residential (SFR) lots, with each',of,these lots, benefiting equally from the improvements being maintained, Therefore; the'costs associated with the. landscaping and street lighting within and directly adjacent to the development, as shown in Part B of thisreport;.willbe apportioned on a residential lot basis.' The table below provides the'FY 2005-06 assessment apportionment for Zone 4, .' . ,,' .;1.' 1,\ _.Ij fl' "" ',\ SFR Lots 233 Max. Main!. Asmt oer Lot $77,34 Actual Asmt Der Lot $24.50 Total Asmt For District' $5.707.80 ~', I ., /...'. ..)' ," ., i ~. i,. . Zone 5 ',', II.' ' ,._' f I~, ".r . ,_ i~ 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 " streetJighting within apd directly adjacent to the development, as shown in Part B of this report, will be.apportionedona residential lot basis. The table below provides the FY 2005.06 ,assessment.. appor:tio~ent for Zone 5, ", r<,;' .'_. f' n'l , J; u " . 8' Harris & Assodates ACENDA Jm.. NO. . '7 PACE fA- OF/~ a:\ELSINORE\llMD1\tyO?-06\reports\llMD1 Engineer's ReportOS.doc (\ (\ (\ City of lake Elsinore landscape and Street lighting Maintenance District'No. 1 ' , ,June 21,2005', P,age 13 Phase 1 2 SFR Lots 254 o "Max. Maint. AsrTrt '_1 erLot,. .': $63.40 $51.76, Actual Asmt ' r Lot $41,70 $0,00 Total Asmt For District $10,591.00 , $0.00 Zone 6 , ' " ".' , The parcels of hind in, Zone 6 are' smgle family residentiaI (SFR) lots, with each of these lots,' benefiting equally from the improvements being maintained, Therefore, the costs associated with th~ street lighting within and directly adjacentto the'development; as shoWn in Part B of this report, will be apportioned on a residential lot basis, 'The table below, provides the FY 2005-06 asSessnient apportionment for Zone 6, ' , . , ' " ' , SFR Lots 98 Max. Maint.Asmt oer Lot $85.46 Total Asmt For District $2,492,00 Actual Asmt, per Lot $25.42 Zone 7 EquivalentDwelling Units To establish the special benefit to the individual parcels within Zone 7 of the District, an Equivalent, Dwelling Unit system is used. Each parcel of land is, assigned Equivalent Dwelling Units ("EDU's") , , - ." " .'.' .'.' '. - " ' in proportion to the estimated special benefit the parcel receives relative to ,the other parcels within the Districi from the streetlights," , " , , " ' , ' , ' . , .' '. ~, .' ,- ," .,' "'.- ,-'.' .'.' .' The single-fanrily'detached (SFD) residential parcel has been Selected as the basic unit for cal~ulation ' of assessments;- therefore, the SFD residential- parcel is defmed as one Equivalent Dwelling Unit (EDU), A methodology has been developed to relate all other land uses to the SFD residential land use as described below. " , ,,' '". '" " '," """." Condominiums, Condominiums will be assessed equivalent to a single-family detached; therefore I EDU per unit. Multi-family Residences (Apartments), Multi-family residential parcel equivalencies are determined by multiplying the number of dwelling units on each parcel by 0,75, due to the relative population density of this type of dwelling unit and reduced unit size compared to the typical density and size of an SFD, Studies have consistently shown that the average apartment unit impacts infrastructure approximately 75% as much as a single-family residence. (Sources: Institute of Transportation Engineers Infontlational Report Trip Generation, Fifth Edition, 1991; Metcalf & Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition, 1991). Trip generation and wastewater usage are a function of population density, Based on this, it is concluded that other infrastructure will be similarly impacted at a reduced level. The smaller average unit size of multiple- residential parcels result in a lesser enhancement per unit to property values, Developed Non-Residential (Non-Res). Developed non-residential properties are defined as improved conunercial, industrial and institutional properties (such as school property or churches), In converting these properties to EDU's, the size of the parcels are compared to the average size of a single-family Q:\ELSINORE\LLMD1\f)<l5-06\reports\llMD1 Engineer's Report05_doc III Harris & Assodates M.NDA nEM MO. I PACE~ OF 7~ City of Lake Elsinore Landscape and StreeUighting Maintenance District No.1 June 21, 2005 ' Page 14 resideiitiallot, which is 7,200 square feet. This equals approximately 6 SFR lotS per acre of land, U Therefore, developed non-residenti.al parc~ls are _as~il?ed EDU's at a I1lte. of 6 EDU'sper acre. . VacantJParks. Parcels that are designated forparks or parcels that aredevel()pable but do not have a fmalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion Of a property typically ranges from 20 to ':30 percent of the propertY's total value. Additionally, the utilization of vacant property is significantly'less than improved property and vacant pr~perty has a traffic generation nite of O. Therefore, vacant parcels (and paik parcels) \\'ill be ,assessed ' . ", I . , ' ..:, 'f at the rait' of 25% of Non -Res properties, or 1.5 EDU per acre or any porllon thereof , 'c Open Space.. Parcels designated. as open space. do ,not receive special benefits from the Improvements and are therefore exempt from the assessment. The table below provides the FY 2005-06 'assessment apportionm~nt-for Zone 7. EDU's 664.55 Max. Maint. Asmt Der EDU $63.25 Actual Asmt oar EDU $32.68 . Total Asmt For District $21,716.00 ZoneS , . The parcels of land in Zone 8 are condomiirium lots, with each of these IoiS'benefiting equally from the improvemelttS being maintained. Then;fore, the cost~ 'associated with the landsc~ping withi~ and U 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 FY 2005-06 assessment apportionment for Zone 8. . " " . I ' " lots o Max. Maint. Asmt Der lot . $7.18 Actual Asmt carlot $0.00 'Total Asmt For District $0.00 ',; . \ !., U Q:\ElStNORE\lLMD1\fy05-06\reportslJ...lMD1 Engineer's Report05.doc II' Harris & Associates ACENDA ITEM NO. -" PN;.E {,L/ OF.J ~ n ('1 ('1 City of .Lake Elsinore Landscape and Street Lighting Maintenance District No.1 _ June 21, 20l)5 Page 15 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 Diagr~s showing the exterior boundaries of the District aDd thelines,and dimen'sions of each Iqt or parcel ofland 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 2005-06. The Assessor's maps and records are incorp()rated by reference herein and made part of this report. ' , .,. i'"' Q:\ELSINORE\LLMD1~ports\LLMD1 Engineers Report05.doc . '. , '1: I Harris & Associates -, AGENDA ITEM NO. PACE t6' OF.J 3 363-03 The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2003-04. Zone 1 of the Landscape and Street Lighting Maintenance District No.1 Assessment Diagram ACENDA !TEMNO. PAGE * u u .f OF1~ (""\ (""\ n 379-03 'b, o. sf. ---- .. ~ ... @ @ ZONE 2 -..nu #4.. I"N."~ 'i- ... - . ~ '" The parcel numbers above .correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2003-04, Zone 2 of the Landsca'pe and Street Lighting Maintenance District No: 1 Assessment Diagram, AGENDA ITEM NO. PN.EJ;1 f OF.J~ 373;.20 ~ PARK WAY <0 !:l.I .~ .~ ."l; @ .& .;:::. ~ ~ (]) (1) (05) RAILROADA Vt: ~. .... pARK WA u ,.... ~ m :s; <:( u The parcel numbers above correspond to the Assessor's maps of the .Assessor of the County of Riverside for Fiscal Year 2003-04. '" : ..~ ~ ~"\f. " ~ VICINITY MAP N,T.S. Zone 3 of the Landscape and Street Lighting Maintenance District No.1 Assessment Diagram u AGENDA ITEM NO. 7 PAGE~OF.:J3 (\ (\ (\ APN: 370-120-004 370-120-014 370-120-050 370-120-052 370-120-056 \ The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2004-05. .570--412-021 370-415-006 370-415-007 370-415-008 370-415-009 370-415-010 370-415-011 310-415-012 370--415-013 370-415_014 370-415-015 VlCINITl MAP ..-. WifJIQ Dl5lR1t18Ol.lolOMT Zone 4 ofthe Laridscape and Street. Lighting Maintenance District NO.1 Assessment Diagram ACENDA ITEM NO. PACE fA --, OF 71> PHASE 1 AI.IsSorPlrClltNoI. 347-110-027 341.120-017 341.120..018 347-120-020 347-1200021 347-120--023 341-330-~ 341.330-[148 347-34O-nD2 347-340-006 341.340-001 341-340-010 347-340.013 f PHASE 2 TRACT 25476 TRACT 25-477 }fill"" ~;. ~ -- -- ..- -- u AU8Hor Parcel Nos. 349-240-069 349-400.020 349-400-021 )4$.410-001 349-410-002 349-410-003 349-41(1.0o.t 34~41o-016 349-420-001 349-420.002 341430-006 349-430-014 349--430-016 349-430-018 The parcel numbers above correspond to tbe Assessor's maps of tbe Assessor of tbe County of Riverside for Fiscal Year 2004-05. u TRACT 25+78 :!' Zone 5 of the Landscape and Street Lighting Maintenance District No.1 Assessment Diagram u ACENDA ITEM NO. PACE 'J () I OF ,~ ('. ,-', >' (\ (J~,S) ~ 13 "'It:<o,c' # LEGEND, " DISTRICT BOUNDARY -", 'or ""'" VICINITY IIAP' NO SCALE . j., '.. - " . . . ~ . The' parcel" numbers above correspOnd to the Assessor's" maps of the.. Assessor of .the County of . Riverside for Fiscal Year 2004-05. Zone 6 of the Landscape and Str~et Lighting fIIIaintenance District No.1. Asses~rnent Diagram ('. ., AOENDA ITEM NO. PACE 71 . I OF 73 "', " " " " " " \ , ....P.N... i'..= 1 """""""' ,- - s.',38tll8OOO3 '6. 3890e0004- \",,- ~ .=m~ 9. 38811UI03' 10. JM122001 11. Jlhl122002 12. 'J8112200J 13. JM122004 14. J81122~, '15. .'22006 16. 311un007 " 11; 381'220'10 .., . _'8. J89OIOOOI '\ " ''>. ~ (/) 0::: W W m -l o o KINGS HWY " ", ': " , ''-, LEGEND: VICINITY MAP NO scALg DISTRICT BOUNDARY . I The parcel numbers above correspond to the Assessor's maps of the Assessor of ,the County: of Riverside for Fiscal Year'2004-05, H ',"" " ''', ' "'" Zone ,7 of the Landscape and' Street Lighting Maintenance District No.1 Assessment Diagram, " AQENDA ITEM NO. PACE 1l- u u I ~" u I OF 7g - n i e II ~I j;; _i P-.1IlIMJlS a ~ ~221-oe7 AID 373-221-oD ~ ~ 200.4 z N1O'It'2n IIlO'lIl'2ll'E ';2lI.42' . i , l! .- LEGEND: DJSTRJCT BOUNDnY n The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year2004-05.. . n Zone 8 of the Landscape and . Street Lighting Maintenance District No.1 Assessment Diagram ACENOA rreM NO. pJlOE 1 ~ 1 OF 7~ - , , ',., ,,' :';'1;' u u " ','.', " j L J; ;1. u n n n CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: " , .' ,ROBERTA: BRAnY,CI,TYMANAGER' JUNE 28, 2005 DATE: , ." ~ SUBJECT: RESOLUTION OF INTENTION TO ESTABLISH . COMMUNITX FACILiTIES DISTRICT NO. 2005-5 /'. (VILLAGES ATWA8S0N CANYON) AND RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS BACKGROUND . - ~ . , " . .." . -, '. .. ' ." ..", On October12, 2004, City Council approved the tentatiyetract nmps for the Wasson Canyon development. Th~ City's finance team has met with the developer and their financial consultants to discuss the formation of a ~ommimity Facilities District for . the pioject. .. .. . .. . '.. '. . DISCUSSION .J ,,' The developer plans to build 191 sitlgle family homis. Build out is projected in the . tax spread analysis iIi 2007-2008. !: ,> Special Tax. . ~ The average residential special taX is estimated at $2,479. The annual CFD tax amounts, when combined with all other property ta~es applicable to the project, are estimated to be approximately 2%, which is within the 2% City CFDguidelines. The ,2% maximum tax rate inc1udesestimates for the Lake Elsinore Unified School District's CFD for the Wasson Canyon development and th~ riew proposed Parks,' Open Space, and Storm Drains CFD. . , :' . , d; , . . '1- ACiENDA ITEM NO. PAGE I g- OF . ~<6 REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE 2 u ,- Parks, Open Space and Storm Drains Operation and'Maintenance Built into the rate and method of apportionment (RMA), as special tax B, is a component to cover a portion of increased cost of maintaining parks, open space and storm drains as a result of the new development. The Mello-Roos Community Facilities Act of 1982 ("the Mello-Roos Act") was , specifically drafted to assist agencies with the impacts of new developments. In addition to providing a mechanism to fund the construction of public infrastructure, the Mello-Roos Act allows an agency to fund the incremental increase in cost of services due to the new development. These services include police, fire (including, paramedic), maintenance of parks, parkways, open space and storm drains. This is the first development where this maintenance component of the RMA is proposed and will be recommended for ail new facilities CFD's going forward as a , part of the RMA. If a development is not forming a facilities CFD, a separat~ ' U operating & maintenance CFD would be formed and other new developments that are not forming a facilities CFD would be annexed into that new district similar to the Police, Fire and Paramedic CFD. As presented in Table 2 on page 9 of the RMA, residential property will be assessed $242 a unit and non-residential property will be assessed $545 per acre or $20.17 per month or $45.42 per month per acre, respectively. ' ' , ' City Council has the options of approving the rate and method of apportionment (RMA) "as is" or approve the RMA subject to having staff remove all reference to the parks, open space and storm drain special tax. ' Why have a Parks, Open Space and Storm Drain Component? There are several reasons to consider a park, open space imdstorm drain component of the CFD. The following bullets provide an ex~cutive summary ofthe paragraphs that follow: ' . ' . Revenue sources will not be sufficient initially to cover the cost of operating and maintaining the parks, open space and storm drains . There is high public demand for an increased level park maintenance . .New NPDES requirements are mandated without a new funding source U ACENDA IlEM NO. PACE ~ <6 OF I.f g ('. ('. REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE 3 . The City will not exceed the 2% tax rate policy with the maintenance " component of the CFD: Even if the City did notapproveanyCFD, other public agencies like the the School District and the EVMWD can still create , 'CFDs; therefore the tax rate could still reach the 2%' cap . Council could choose to reduce orstop'the levy fot maintenance in future . .. - ,. ;.' years Revenue Sources Will Not be Sufficient Initiallv >, With the unprecedented growth and speed of growth that the City will experience in the next ten years and with the number of public facilities that will be built, the' . General Fund Operating resources will not be sufficient initially to cover the operating and maintenance costs of the facilities. A good example is the Rosetta Canyon Fire Station. At full operating capacity of seven fire fighters per shift, the")' annual operating costs will be more than the City can afford initially. The same holds true for the new parks and community'centers,that will be built. The initial, " operating costs will be more than the General Fund can afford with the large public safetY operating costs growing fast as the population needing the services grows " ' fast. Public safety will continue to bcHhe highest priority and the City will struggle to just cover the public safetY demands. 'Over time, the City's sales tax revenue will grow, catch up and provide a mOre balance local economy where the City will have, the resources to support the operating costs of the new'facilities. :-- Hif!h Public Demand For an Increased Level of Park Maintenance' The City has had requests for an increased level 'of park maintenance because of the . highJevel of usage on city owned and maintained sports fields.' To keep the City parks clean, safe and healthy, there is a significant cost. Currently, almost 3,000 adults and children participate in organized sports leagues. 'These leagues utilize park facilities ona dally basis. 'Additionally, there ate three (3) parks that are part of a joint use agreement with the school district where there is additional use on these' fields by their students. All of the parks are inspected once a month by City staff and annually by a certified n playgroundauditcir. ' As a result of these inspections~ cert~inplay structures and " ' ,/ "6' OF Lf K AGENDA ITEM NO. PAGE 3 REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE 4 equipment have been found unsafe. Because of the liability concerns, the equipment has to be removed and can not be replaced because of budget constraints. The majority of the park maintenance is contracted out. The contract covers the basic maintenance of the facility and fields. Staff is currently unable to maintain the parks and playing fields to a higher standard .for lack of funding and personnel. Overseeding, aeration, rodent control and broadleaf spraying are key maintenance elements significant to effective park maintenance that occur partially at some parks or not at all due to current funding levels. u New NPDES Reauirements for Storm Drains , With the new NPDES requirements being phased in, there is a significant increased standard and cost necessary to maintain compliance. All cities are faced with these requirements and are considering ways to fund the costs. The Citv Will Not Exceed the 2%Tax Rate Policy U With or without the maintenance component of the CFD, the CFD will still be up around the 2% tax rate policy. There are sufficient public infrastructure costs and fees from the School District, Water District and the City to far exceed the 2% rate. While staying within the 2% policy, it is logical for the City to share an additional portion of the 2% to.assist in funding the needed maintenance of parks, open space and storm drains as it currently does for police, fire and paramedics. Reduce or Stop the Levv In Future Years Each year, the City can choose to reduce or not levy the special tax for parks, open space and storm drains. Bond Issue In order to finance the facilities it is necessary to incur bonded indebtedness. The not to exceed amount is $8,500,000., " FISCAL IMPACT The administrative cost to the City will be paid by the $50,000 deposit made by the developer. .. U ACENDA ITEM NO. PACE If ~ OF L{ f/ (\ n n REPORT TO CITY COUNCIL " JUNE 28, 2005 PAGE 5 Repayment of the bonds are secured by the special taxes levied on all property within the district, other than those properties that are exempt as provided in the respective rate and method of apportionment. The City will, however, be faced with a long-term obligation going forward to maintain the City public facilities constructed as part of the development. PROCESS The formation of the Mello-Roos Community Facilities District requires a specific process as outlined in the attached resolution to establish a CFD. The City Council will need to hold a public hearing on the formation of the District and for the approval of the bond documents. ,At the public hearing the participating property owner will have the opportunity to vote. The public hearing can be scheduled for August 9, 2005, RECOMMENDATION :1t is recommended that City Council: . 1. Adopt ResolutionofIntentions 2005 -.: 5"/to.Establish CFD 2005-5 (Villages at Wasson Canyon) and 2005 - ~to Incur Bonded Indebtedness 2. Schedule the public hearing on the DistrictFormation for August 9, 2005 ---7 . rRErAREDBY:.. ~C~&:- DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR .AGENDA BY: AGENDA ITEM NO. (? ,. __ PAGE _ S- OF ~tI PROPOSED BOUNDARY OF COMMUNIJY FACILITIES DISTRICT No. 2005-5 OF THE CITY OF LAKE ELSINORE (~LLAGES AT WASSON CANYON) COUNTY OF RIVERSIDE. STATE OF CALIFORNIA ..NICEL " aT UA 2004-1. (MOl A...M1) PAIlUl" tll1.A 2004-1. (No!APMl). SCALE: '~-300' '-'CINllY YAP .. ..,ou WlOO ...... ..- -... .......~;::I.....". ,.~~ COO 'Ji,... MI I~ ... DCaJ.lOICG PNlCEL" AfC)" aF '101 LM AIWS1WDfT NO. 2OD4-M II[cumm .. (RICW. RECDlDS. ......,.,,,- AS DClCUllDlT NO. 200G-02111210 an t:WI{ OF 1H[ orr Of' lNC[ D.$IMR[ nm...lt€omcr t61JCCIl'YCUJIl'OFlICCT'I'rI'LAlll' nSlNClIIE 1HlS-.-J)Aytl ~ u u I HDlO'I' COtlIfY nfAT M .-JHIrf .... SHO-..c H PItCIPOS[D IOUNDNtItS tI 1H( orr aF lAIC( El.$MCIRI; CXMltlNTl' rACllJlES DIStRICT NO. 2005-5 (WJ.AC[S liT WMSON CNIYCN). CJTY (llNC[ D.SIIQIl(. COI..NT'I' tI R1\OS1Dt. STAlE aT c:MA'lIIIMA IM$ N'f'II(MD81' 1M[ QTTauQ.. OF 1M( c:m' rI' I.M[ ~ AT ,.1'I[GIA.Na.Y'~ ~1HtM'CIf'.HnDClN.1H[_DAYOT 20lllL BYllSlIIt$OWl1ClJfNo. Q1'YaDM OF 1HIE CITY OF lAltt' E1SIIICIII: fUD1MIS_DAYOf_~ "T1H[HOUlI(I_o"Q.OCIL...I'-"~aFtw"S Of' ~ MID C(IUIILIjf1Y I'ACaI1lES DG1RJC1S PC NOS...-ntIlOtIGtL.- AS lN$1Jlt.I,I[NT'" .. YH[ 0f"FK% OF 1HE COUNTYRECCRDIIt... 1M[ CCItlNTY,or Af\€RSIOt. STAn: (I C\lI'tlIDM. COllNTYRf~or"NCClUflTOFfI""'_ rrrL-- IEfP[NC[ DIE Rl'lOtSlOf COUHTY ~ YN'$ f'lJR A DCTMlD D($CRlPTIOH CI PMal LM5 Net DIalDfSlOHS. At.SO R[fI)lfffCl LOT lJN( ANJSlMEN1 WQ. 2001-14 RR:ORDED N oma.Al flI,:CClflO$, C'OtMJT OF JIlMRSKl(. AS DOC:UMDfJ NO. 2ClO5-02II21Q, flit DETAUD CIESCfIf"1ICJI Me ~ Of' PARCn " MID .. OF SAIl DClCf.I(lJfl. PROPOSED BOUNDARY MAP ~ o " , i':i c(~ co. ffi ~ _HARRIS I: ASSQCIATIS )tbewh.....SoohIW .........tA.JlU (141) 1>>-.... rill (ta) m-Jtl5 CommWllt,p FacWU.. Dt.t:ttcl. Net. ~D of th. Cit.7 of Lake lbIDon (YUlq.. at w._ euqo.) COUIftY or .,..... CWftlIIlILl ....... I fir. D~"""_c..,..~"v.--....... n RESOLUTION NO~ 2005 ~ 5..!i- ' n RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE Crry OF LAKE ELSINORE TO ESTABLISH ,CITY OF LAKE ELSINORE COMMUNITY FACILITIES DiSTRICT NO." 2005-5 (VILLAGESATWASSON CANYO~} , " -' " , WHEREAS, the City Council (the "Council"Yof 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)982, as amended (the "Act"), (ii) authorization of issuance of bonds for the CFD; and (iv) establis~ment of an appropriations lirrut for the CFD; and - "," , ' , , WHEREAS, the Council his determim~d that the Petition complies with the ", - . ..,.' _. ,'" .' requirements of Govemment Code Section 53318(c) anq now intends to initiate, .. I . such proceedings; and ' ' , ' WHEREAS,- it is the intention ofthe Council to finance parks,' open space and storm drains maintenance services that are in addition to those provided in the' territory within the CFD prior to the fomiation of the CFD and-do not supplant" services already available within the territory proposed to be included in the CFD through the formation of the CFD subject to the lery of a' specialtax to pay for such services, being approved at an election to be: held 'within the boundaries Of the , CFD; and ' " ',',: , WHEREAS, it is also 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 bonds 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 the CFD;': ' , , , . NOW, . THEREFORE;: THE CITY COUNCIL' OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND' ORDER AS FOLLOWS: ' " ,,' " n Section L 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 inthe office of-the Clerk entitled "Proposed' 45619645.1 ' ACENDA ITEM NO.' 7J PAGE 7 'OF 'if Boundaries of City of Lake 'Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon)," which map indicates by a boundary line the extent U 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 Ca.lifornia. " Section 2. The lllime of the proposed CFD shall be "City of Lake Elsinore '. Commilnity Facilities District No. 2005-5 (Villages at Wasson Canyon)." Section 3, Except where funds are otherwise available, it is the intention of the Council to levy arumally in accordance with procedures contained in the Act a special tax (the "Services Special Tax") sufficient to finance a portion of the cost of providing parks, open space and storm drains maintenance services' (the "Services") that are in addition to those .provided in the territory within the CFD priorto the formation of the CFD and do not sl.lpplant services already available within the territory proposed to be included in the CFD, the costs of administering U the levy and collection of the Services Special Tax and all other costs of the levy of the Services Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Services Special Tax will be secured by recordation of a continuing lien against all non-exempt undeveloped real property in the CFD. The schedule of the rate and method of apportionment and'manner of colleCtion of the Services Special Tax is ,described in. detail in Exhibit A. attached hereto and by this reference incorporated herein. The Services Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act. Section 4. The facilities proposed to be financed by the CFD are public infrastructure facilities and other governmental facilities with,an estimated useful life of five years or longer, which the CFD is authorized by law to construct, own or operate and that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD, including but not limited to City and EVMWD Capital Facilities Fees, public street and storm drain system improvements, and'related costs. including designs, inspections, professional fees, annexation fees, connection fees and acquisition U 45619645.1 2 AOENDA ITEM NO. PACE ~ ''is' OF '-/ ~ [1 ('\ [1 costs (the"Fa:cilities'~). Such Fadlitiesneed not be physically locate4. \yithin the CFD." .,' ,,' .,,'( ,." , ' . ~ ", ,,:,>':-': ~ >'\: >";. ',-',': ,:(.".,;-.~ ',1. :.:.:,( l' _ ," Section 5, Except wherefund~a;e otherwise available, it is the intention of the Council to levy annually in accordance withpfocedures contained in the Act a ,special tax, (the "Special Tax") sufficient to pay for the costs of financing the', acquisition and/~r.constructionofth~ 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 'oLreservefuhds, ,the 'remarketing, credit enhancement and liquidity fees, the costs of administering the levy and collection of the Special Tax and 'all other costs of theievy of the Special , Tax: and issuance of the bonds,' including 'any' foreclosurepl'oceedings,' architectural, engineering, inspection, legal; fiscal, and financial' constiltiintfees; discount fees,interest on bonds due and payable prior to the expiration orone year ~" _'. .'~' ", - ~,. .'.. ',<..."," " , ' " t i'\ ." ' >"; . from the date of completion of facilities (but.not to exceed two years),~lection costs and all costs'of issuance of thebo~ds; including, but not limited to; fees 'for; bond counsel, disClosure cOlirisel, finariting 'consultants and printing co~ts, and 'all' ',' '" h _ "", "".' -, ' -, "_' ' ',,, ':\ other administrative costs of the tax levy and bond issue: The Special Tax willbe , secured by reCordation ofa continuing lie~ agaiIl~t' all' noIi-eie'mpt:r'ealpr9P'~rfy in' the CFD. In 'the first year in' which such a Special' Tax is levied, the levy shall includ~ 'it sum sufficient' to repay to' the City all amoullts, if ~y, tfa~sferred to the " CFD pUl'suantt6 Section 533 l40f the Ad and interest thereon. The schedule of , ", .."" .,~. . ' the rate'and methoaof~pportloriment and mannerOf' collectioIl 'of tl1{~ Special 'fax is:"describ,ed i~ ,detail .in", Exhibit', A: "attached 'hereto . and ,by t4is, , reference': incorporated herein.' The Speci(il Tax is based upon' the cost of financing the' F(lcilities'in theCFD, thedemaridthateachp~j.d~l will place on the'Facilitiesand'. . ." "', ",' -"" ".""., ~ ,- . ".)'; the benefit(direct and/or indirect) received by each parcel from the Fa~iljties. ,.'. "", . ~ ';, ,('" :' ,-; , :- " . " 1 ' '-'. : ':,' < . ~ t, ,J -. . ,_' J , - 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 portionofthe property within the CFD shall become for any reason exempt, wholly or partially, from the levy of the Special Tax, the CbUllcil shall, on behalf of the CFD, increase the levy .j f ,-- .- ',,~ ", . . .'r,". .. -'. ." -. _ . to thee'xtent nec~ssary upon the remaining property within theCFD which is not' deiinqti~l)-t or exempt in order to yl~ld the required payments, subject 'to th~ ' maximum tax. ,Under no: circumstances, howe~er,: shall' the Special Tax levied against' any parcel used for private residentiaf. ptJrposes be, incl'e~sed a'~, a ' . ' . . .- . . ., , > . ' _" _', -'. .,. 'i. ...', \. ,,~ '- i consequence of'delmquency or default by the O\Viler of any other parcel or parcels within 'the CFD by' more than lO perceilt:' Furthermore,' the ina~imum special t';;' ': ,'" ' . '_ ..,:. " _'" : ' .. c ~ >, ' f',~" _ '. ' ,,', authorized to be 'levied against any parcel used for private residential purposes,' shall not be increased over time in excess of2 percent per year: " ,'" , 45619645, J 3 'l( ACENDA ITEM NO, ., PACE-9--0F tfg , , Section 6, ,: _ The CounciVhereby 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 7, A public hearing (the "Hearing") on the establishment of the,' CFD and the' proposed rate and method of apportionment ohhe Services Special, Tax and the, Special Tax shall be held on August'9, 2005, at 7:00p.m., or as soon thereafter as practicable, at the chambers of the Council, 130 S, Main Street, Lake Elsinore, Cillifomia92530. . , .' . . Section 8. . AUhe time and place set forth above for, the hearing, any inter~ste~ person, including all persons owning lands or registered to vote within the proposed GfD, may appear and be heard. . ..' . r~. . ' " Sectib~ 9.' 'Each City officer who is or will be responsible for the Services and the Faciiities to be finariced by the CFD, if it is established, ishereby directed to,study'the proposed CFD and, at or',before the'time of theabove~mentioned Hearing; file a report with the Council, and which is to be made a part of the record of the Hearing, containing a brief description of the Services and the Facilities by type which will' in his or her opinion be required to adequately ,meet the ne~ds, of the CFD and his or her estimate of the cost, of providing the Services and the , Facilities. The City Manager is directed to .es~mate t~e fair and reasonable cqst of " ' all incidental expenses, including'th~ cost of planning and designing the Facilities to be financed pursuant to the A<;t, including 'the cost of envif(~nmental evaluations" of such facilities, all costs associated with the creation of the CFD, issuance of, bori~s, det~rmination 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 10', The City may accept adv:ances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for imy authorized purpose, including any cost incurred by the CIty in creating the CFD. The City may enter into an agreement torepay all of such fund~ as aie not expended or committed' for any ,authorized purpose at the time of the ' election on the'levy of the Services Special Tax and 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 Services Special Tax and the Special Tax shall be, approved by the qu'alified electo~s of the CFD, " : ' , ,.' , , . " . . ".' ' 45619645.1 4 , ACENOA ITEM NO. PACE IlJ ~ OF '7 f1 u u u n ('\ ('. Section 11. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing pursuant to Section 6q6} of the Goverpment 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 ofthe Hearing. 1 , .'. r Section 12, The Clerk may send a copy of the Notice by first-class mail, postage prepaid, to each registered voter and to each landowner within proposed CFD as shown on the last equalized asses~ment roll. Said mailing shall be completed not less than fifteen (15) days prior to the date of the Hearing. Section 13. 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 conditipns as it may impose, ,and any applicable prepayment penalties as prescribed In the bond inoentureOr 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.oond' 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 oftender. , . Section 14. The voting procedure with respect to the establishment o(the .' CFD and the imposition of the special tax shall be by hand delivered or mailed ballot election. . 456 I 9645. J 5 ACENDA ITEM NO.' ,~ PAGE-il.-.-OF 'f J( , " ,. '" I. '.' ' . . PASSED, APPROVED AND ADOPTED this ,2005. . CITYOF LAKE ELSINORE . By: Title: Mayor day of u ATTEST: ':;1, .: . ' . CityClerk of the City of Lake Elsinore' . . APPROVED AS TO FORM: . , . Barbara Leibold, City Attorney. ~. -j'; ;." II 45619645.1 6 1. I ~' ,I . :'. 'Ji _' u . . u ~ ~ ACENDA ITEM NO. PAcclLOF L.f f( (\ n (\ STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) I, Frederick Ray, Deputy 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 2005, and that it was so adopted by the following vote: . AYES: NOES: ABSENT: ABSTAIN: By: City Clerk ofthe City of Lake Elsinore 45619645.1. AGENDA ITEM NO. '3" PAGE~OF '-IS 45619645.1 EXHIBIT A RATE AND METHOD OF APPORTIONMENT 1) AGENDA ITEM NO. PAGE~OF '-IE' u u u n RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2005-5 (VILLAGES AT WASSON CANYON) l. "J '" A Special Tax shall be levied on a11"Assessor's. Parcels in City of Lake Elsinore Conimunity Facilities District No. 2005-5 (Villages at Wasson Canyon) ("CFD No. 2005-5") and collected each Fiscal Year commencing in FiscalYear 2005-2006, in an anlolint detimninedthroughthe appliCation of this Rate and Method of Apportionment as described below. All of the real property in CFD No, 2005-5, 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 tetms 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'larid area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. ",!, (\ "Act" means the Mello-Roos Comrininity Facilities Act of1982,being Chapter 2.5, Part 1, ;',' Division 2ofTitle5 of the California Government Code.' "Administrative Expenses" means the following actual or reasonably estimated costs directly relatedto the administration ofCFD No. 2005-5: 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 lridentui'e; the costs to the City, CFD No. 2005-5 or any designee thereof of complying with arbitrage . rebate requirements;' the costs to the City,CFDNo. 2005:5.or any designee thereof of , complying with disclosure requirements of the City, CFD'No. 2005-5 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. 2005-5 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release offunds from an escrow account; and the City's annual' administrirtion fees and third patty expenses. Administrative.Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2005-5 for any other administrative purposes of CFD No. 2005-5, including attorneY's fees and other costs related to commencing and pursuing to 'completion any foreclosure of delinquent SpeciaJ Taxes:' . ;. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an' 'assigned Assessor's.Parcel number< .. n "Assessor's Parcel Map" means an official map of the County Assessor of the County City oj Lake Elsinore CFD No. 1005-5 (Villages at Wasson Canyon) June 10, 1005 . Page 1 .' <{ L1g AGENDA ITEM NO. PAGEJS-OF u designating parcels, by Assessor's Parcel number. "Assigned Special Tax A" means the Special Tax A for each Land Use Class of Developed Property, as determined in accordance with Sectio'1'C.l.a.(2) below. ,"AuthonzedFacilities" means those authorized improvements, as listed on Exhibit "A" to the Reso!ution of Formation. "Backup Special Tax A" means the Special Tax A applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C.l.a(3) below. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for Facilities and the Special Tax Requirement for Services and providing for the levy and collection of the Special Taxes. "CFDNo. 2005-5" means City of Lake Elsinore Community FacilitiesDistrict No. 2005-5 (Villages at Wasson Canyon). . ' .' . , "CFD No. 2005-5 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whetherin one or more series, issued by CFD No. 2005-5 and secured solely by Special Tax A levy on property within the boundaries,ofCFD No. 2005-5 under the Act. "City" means the City of Lake Elsinore. u "Council" means the City Council of the City of Lake Elsinore, acting as the legislative body of CFD No. 2005-5. "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 Subdivisionwas recorded on orbefore January ]. of the prior Fiscal Year and a building permit for new construction was issued after January I, 2005 and on or before May I of the Fiscal Year preceding the Fiscal Year for which the Special Taxes are being levied. . "Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (Califomia Government Code Section 66410 et seq.) that creates individual lots for which building permits. may be issued, or (ii) for condominiums, a final map, or portion thereof, approved by. the City and a condominium plan recorded pursuant to Califomia Civil Code Section 1352 that creates individual lots for which building permits may be issued. "Fiscal Year" means the period starting July I and ending on the following June 30. u city of Lake Elsinore CFD No. 1005-5 (V'Ulages at Wasson Canyonf June 10, 1005 Page 1 AGENDA ITEM NO. 1 PAOE~OF '1 g n "IndentUre" means the indenture, fiscal agent agreement; resolutioD' or other instrument pursuant to which CFD No. 2005c5 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 I or Table 2 below.' "',' "Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special Tax B, as applicable. "Maximum Spedal Tax A"means the maximum Special Tax A, determined in acCordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. . , j '. , "Maximum Special Tax B" means the maximum Special Tax B, 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. . , n "Outstanding Bonds"means all CFDNo. 2005-5' 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. 2005c5that was owned by a property oWner ,association, . including' any maSter or sub-associatioil,as of JanUary;1 of the prior Fiscal Year. "Proportionately" means for Developed Property thaHhe ratio of the actual Special Tax A . levy to the Assigned Special Tax A is equal for all Assessor's Parcels of Developed Property 'and that tile ratio of the actual Special Tax B levy to the Maximum Special TaxBis equal for all Assessor's Parcels of Developed Property, For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax A levy per Acre to the Maximum Special Tax A per Acre is equal for. .a11 Assessor's Parcels bf'Undeveloped Property. The term "Proportionately" may similarly be applied to other categories'ofTax'able Property as listed in Section D below. '- . , .'.' ~ ' . "Public Property" means property withiri the boundanes of CFD No. 2005-5 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 of the Act shall be taxed and classified according to its Use. .' . .,1; n "Residential Floor Area" means all of the square footage of living area within the . perimeter of a residential structure, not includirig any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an city'of Lake Elsinore CFD No. 2005-5 (VUlages at Wasson Canyon) June 20, 2005 Pagd' AGENDA rTEM NO. t:f PAGE-1LOF L.J ~ u Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's ParceL "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction thereon of one or mote residential dwelling units has been issued by the City. . , "Resolution ofFonnation" means the resolution of formation for CFD No. 2005-5. "Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "Special Tax A" 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, arid Undeveloped Property to fund the Special Tax Requirement for Facilities. "Special Tax B",means the special tax to be levied in each Fiscal Year oneach Assessor's Parcel of Developed Property to fund the Special Tax Requirement for S.ervices. "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No. 2005-5 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. 2005-5 Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2005-5 U Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay a proportionate . share of Administrative Expenses; (iv) pay any amounts required to establish orreplenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax A delinquencies based on the delinquency nile for the Special Tax A 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 A levy on Undeveloped Property; less (vii) a credit for funds available to reduce the annual Special Tax A levy, as determined by the CFD Administrator pursuant to the Indenture. "Special Tax Requirement for Services" means that amount required in any Fiscal Year for CFD No. 2005-5 to (i) pay the costs associated with the maintenance of parks, open space and storm drains; (ii) pay a proportionate share of Administrative Expenses;,(iii) pay for reasonably anticipated Special Tax B delinquencies based on the delinquency rate for the Special TaX B levy in the previous Fiscal Year; less (iv) a credit for funds available to reduce the annual Special Tax B levy, as determined by the.CFD Administrator. "State" means the State of Califomia. "Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No. 2005-5 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. U June 20, 2005 Page 4 ACiENDA ITEM NO. <::f PAGE-1K-OF 4 K City of Lake Elsinore CFD No. 2005-5 (Villages at Wasson Canyon) n "Taxable Public Property" means all Assessor:s Parcels of Public Property that are not exempt pursuant to Section E below. "Trustee" means the trustee or fiscal agent under the Indenture.. ;.. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Property Owner Association Property, or Taxable Public Property. . B. ASSiGNMENT TOLAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2005-5 shall be 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. c. "MAXIMUMSPECIALTAXRATE n , 1. Special Tax A Residential Property shall. be assigned tb Land Use Classes 1 through 6 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 7. PriortotheissuanceofCFDNo. 2005-5 Bonds, the Assigned Special Tax A dn Devel9ped Property (set forth in Table 1), and iheBackup Special Tax A attributable to a Final Sub,division, may be ~educed in accordaricewith, ,and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted by the Council, the "Goals and Policies") calculated pursuant to the Goals and Policies exceeds the City's maximum level objective set forth in such document, the Assigned Special Tax A on' Developed Property, and the Backup Special Tax A attributable to a Final Subdivision, may be reduced to the amount 'necessary to satisfY the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded. a Develooed Prooertv (I) Maximum Special Tax A n The Maximum Special Tax A 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 A or (ii) the amount derived by application of the BackllP Special Tax A. Chy of Lake Elsinore CFD No. 2005-5 (Villages at Wasson Canyon) ,.June 20, 2005 Page 5 AGENDA fTEM NO. <7 PAGE...tl.-OF Lf K u (2) Assigned Special Tax A . The Fiscal Year 2005-2006 Assigned Special Tax A for each Land Use Class is shown below in Table"l. TABLE 1 Assigned Special T'ax A for Developed Property Community Facilities District No. 2005-5 Fiscal Year 2005-2006 1 Residential Property '=> 3,600 sq; ft. $2,658 per unit 2 Residential Property 3,475 - 3,599 sq. ft. $2,639 per unit 3 Residential Property 3,350 - 3,474 sq. ft. ' $2,498 per unit 4 Residential Property 3,225 - 3,349 sq. ft. $2,424 per unit 5 Residential Property 3,100 - 3,224 sq. f1. $2,392 per unit U 6 Residential Property < 3,100 sq. ft. $2,282 per unit 7 Non-Residimtial Property NA $15,187 per Acre ... u City of Lake Elsinore CFD No. 1005-5 . (/liUoges at Wasson Canyon) June 10, 1005 Page 6 AGENDA ITEM NO. PAGE a.O ~ OF 4'1 n (3) Backup Special TaxA:'- . "L r,c' '"" . The Fiscal Year 2005-2006 Backup Special Tax A attributable to a Final ;. Subdivision will equal$15,187inultiplied by the Acreage of all Taxable . Property, exclusive of any Taxable Property Owner Association Property and Taxable Public Property;, therein.. The Backup Special Tax A for each Assessor's Parcel of Residential Property shall be computed by dividing the BackupSpecialTax Aattributable to the applicable Final Subdivision by the number of Assessor's Parcels for which building permits for residential \'. . ,construction have or maybe issued (i.e:; the number orresidentiallots). The Backup Special' Tax A. for. each Assessor's Parcel of Non-Residential e,"; . 'Property therein shall 'equal $15;187- multiplied by the Acreage of such -Assessor;s Parcel'.: ,,,. '. . 'IV; " 'I' , 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 ofTax.ableProperty'Owner Association Property and.,Taxable Public Property, then the Backup Special Tax A for each Assessor's Parcel of Residential Property shall be computed exclusive of the . Ac~eageand Assessor's Parcels of property for which building permits for -., (,non-residential construction maybe.jssued:" , ; .I n 'd Notwithstanding the', foregoing, Mall or. any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of alot line adjustment or similar instrument, and only if the CFD.Administrator determines that such'change or modification' . results in lidecrease in the number of Assessor's Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Fihal Subdivision, then the Backup Special Tax A for each . Assessor's Parcel of Developed Property that is part of the lot line adjustment or similar instrumentfor 'such Final Subdivision' shall be it rate per Acre as calculated below. The Backup Special Tax A previously determined for an Assessor's Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be : ,- recalculated. ' ..:('( :,'.,.i',:; " ":",'. '.,I, 1. )~ " ,""... Determine the total Backup Special Tax A anticipated to apply to the changed or modified Final Subdivision area prior to the change or modification. J ! ~l ,,' , ;,' . " -',1 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. n City of Lake ElSinore CFD No. 2005-5 (ViUages at Wasson Canyon) ,,'_ June 20, 2005 . Page 7' , ACENDA ITEM NO. -=t PACiE~OF 4J{ u 3. The result of paragraph 2 above shall'be divided by 43,560. The result is the Backup Special Tax A 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. .J . . '. ' : J. f-'; ," (4) Increase in the Assigned Special Tax A and Backup Special Tax A , ',J " " The Fiscal Year 2005-2006 Assigned Special Tax A, identified in Table I above, and Backup Special Tax A shall increase thereafter, commencing on July I; 2006 and on July 1 of each Fiscal Year thereafter, by an amount equal, to two percent (2%) of the amount in' effect for the previous Fiscal Year. "1' .' (5) Multiple Land Use Classes " 'I' ",1 ,t-l,"i' r,' In some instances an Assessor's Parcel of Developed'Property may contain m9re than one Land Use Class.':The'Maximum Special Tax A levied on an Assessor's Parcel shallbe,the.sum of the Maximum Special Tax A for all ,.,. , Land' Use Classes..located on. that.. Assessor's j Parcel The 'CFD Adrninistrato~s allocation to each type of property ,sh all be final. " . b. '., . Taxable Prooertv Owner Association Prooertv. Taxable Public Prooertv. and Undevelooed Prooertv . ',.' " u 'i' .,'., ,',\ "\' .... ,"', The Fiscal Year 2005-2006 Maximum Special Tax Afor Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped ,Property. shall be,$15,193 per Acre or portion thereof, and shall increase 'thereafter, commencing on July 1,2006.and on July I of each Fiscal Year thereafter, by an.amount equal to two percent(2%) of the Maximum Special Tax A.for.the previous.Fiscal year.... ." ,H" ,~... 'I" " .' J ,'-', 'r,"-,,', . , , ~' . ",!, ~, . , 2." . Special Tax B . r.; '.~ . i ,: I' :> ., 1,'- Residential Property shall be assigned to Land Use Class .1 .and Non~Residential Property shall be assigned to Land Use Class 2. 'i:" .I"! " . a. :) ; Develooed Prooertv ~': j >, ')1... " , l ~ The Fiscal Year 2005-2006 Maximum Special Tax B for each Land Use Class of Developed Property is spown below in Table 2. :....,.. t :~,:;, _ ' '-j; ;; , ." .' , " "", u City of Lake Elfinore CFD No. 2005-5 (ViUages at Wasson Canyon) 'June 20, 2005 . Page 8 AGENDA ITEM NO. PACE aJ.. OF 'if 4~ n n n - . j . ~ . ~" , 'I ~',,' ; ,. TABLE 2 ' , j\1aximum Special T~ B for D~~elop~P~perty,,' , , Community. Facilities District No. 2005-5 . Fiscal Year 2005-2006 ' " '.J I' , ' ; , Residential Property ',Non-Residential' Property , .... '. 1 $242 !ler unit $545 ,per Acre j- , , , 2;;' b, Increase in the Special Tax B , " I,':' , .f~.' "',: ,",: : ," . .. , ," .... , . \ ~ ' '.. ' h -: , ' _," .. " .. . . ': ~ , TIi'e Fiscal Year 2005,c2006 MaximUm Special Tax B, identified in' Table 2 above, " ,- '....,.. i" " "(: "'.,' ,..' ."'.. "'.. ....... ". :snall increase thereafter, commencing on July I, 2006' and on July I of each Fiscal " Year thereafter,by~an amount equal to ~o percent (2%) of the amoUnt in effect for the previous Fiscal Year, ',' , D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX ,,' 1. n i ;f, " ,i , "" I . .,,' , Special Tax, A, " ; ". " " .J' ..~, " { "';;,',f ;: ,'C~rnmencing WithF;s~irI Year2005,~2006'~d for: each fOlloMngFiscalYtfar, theCouncil shall deteimine the Special Tax Requirement 'for Faeilitiesand levy the SpeCial Tax A until the amount of Special Tax A levy equals the Speciirl Tax Requirement foJ' Facilities, The Special Tax A shall be levied each Fiscal Year as follows: First: The Special Tax A shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax A; , . (""'" ,- .'. ',.... -,' .." ,." Second: If additional monies are needed to satisfY the Special Tax Requirement for Facilities afteithe first step has been complefed, the Special Tax: A shal'l be ievied Proportionately on each Assessor's Parcel of Undeve] oped Property at up to :100% of the MaXimum Special Tax - '_ '.. ." ',' '.,' ,-,J',' '.' -. . . :A for Unde~eloped Property; , ' , '" , Third: If additional monies are needed to satisfY the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Special Tax A on each ,Assessor's Parcel of Developed PropertY 'whose Max:imum Special Tax A is cteieimined " ' througli the application 'of the Backup SpeCial TaxA shall be increased in equal 'percentages 'from the Assigned Special Tax: A up to the Maxim\rin 'Special' Tax A' foreath such Assessor's'Parcel;'" " , ,'i:,'" ' , "', " , ,'.' City of Lake Elsinore CFD No, 2005-5 (Villages at Wasson Canyon) , June 20, 2005 Page 9 ~, ACENDA ITEM NO, PACE d.:3, y OF LfK ... ' Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the MaximUm Special Tax A for Taxable Property OWner Association Property or Taxable Public Property. .. Notwithstanding the above, the Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax A in step one (above), when (i) the Council is no longer required to levy the Special Tax A pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; (ii) all authoriied CFD No. 2005-5 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2005-5 Bonds (except refunding bonds) to be supported by the Special Tax A; and (iii) all Authorized Facilities have been constructed and/or acquired. , Further notwithstanding the above, under no' circumstances will the Special Tax A levied ~ainst any Assessor) 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. 2005-5.' . . . ' . , 2. Special TaxB Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the Council shall levy the Special Tax B until the total Special Tax B levy equals the Speci31 Tax ,.Requirement for Services. The Special Tax B shall be levied Proportionately each Fiscal Year on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximu!llSpecial Tax B as needed to sa1isfy th~ Special Tax Requirement for Services. .' l' . .. " '.:.. E. EXEMPTIONS . . . . I;' ,. Property Owner Association Property or Public Property that is not exempt from Special Tax A under this section shall be subject to the levy of the Special Tax A and shall be taxed Proportionately as part of the fourth step in Section D.l 'above, at up to 100% of the MaximumSpecial Tax A for Taxable Property Owner Association Property or Taxable Public Property. . " . City of Lake Elsinore CFD No. 2005-5 (ViUages at Wasson Canyon) June 20, 2005 Page 10 AGENDA ITEM NO. PAGE do, 4 u u u C{ OF '-It[ n 2. . . Special Tax B. :" No Special Tax B shall be levied on Undeveloped Property, Public Property and Property Owner Association Property in CFD No: 2005-5. 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;'ho~ever, that CFD No. 2005-5 may directly bill the " Special Tax, may collect Special Taxes at a different jime 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. G. APPEALS AND INTERPRETATIONS . .. Any landowner or resident who feels that the amount of the Sp~ial tax' levied 'on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2005-5, The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified, _ , i .', ,_ .. n The Council may interpret this Rate and Method of Apportionment for purposes of clarifYing any am~iguiiY and make determinations relative to the annual admii1istratio~ of the Special . Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. ' . .'! . H. . . ,: 1 _ \' PREPAYMENT OF sPEcIAL TAX A The following additio~al'definitions ~pply to tIiisSection H: . ' . ", ", ~. ". - " "Buildout" means, for CFD l'<P" 2005-5; that all expected building permits have been issued. . . , .. "CFD I'ublic Facilities" means either $5,770,000 in 2005 dollars, which shall increase by the ConstructiOldnflation Index on July 1,2006, and on each July I thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the . public facilities to be provided hi CFD No. 2005-5 under the authorized bonding program for CrD No. 2005-5, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more CFD No. 2007-5 I?onds (except refunding bonds) to be supported by the Special Tax A levy under this Rate and Method of Apportionment as described in Section D. L ,. .. n "Construction Inflation Index" means the annual percentage ch~ge in the Engineering News Record Building Cost Index, for the City of Los Angeles, meaSured as of the calendar , ,. .'. I year which ends in the previous Fiscal Year. In the yvent this index ~eases to be.published, the Construction Inflation Index shall be another index as determined by the CFD City of Lake Elsinore CFD No. 2005-5 (VlIlages at Wasson Canyon) June 20, 2005 Page 11 ACENDA ITEM NO. PACE -as 'l> OF '-IF u Administrator thatis 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 "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 obligationofthe Assessor's Parcel to pay the Special Tax -A may be permanentiy satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's U 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 A 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 of the 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. 2005-5 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Special Tax B may not be prepaid for Assessor's Parcels in CFD No. 2005-5. The. Special Tax A Prepayment Amount (defined below)" shall be calculated as summarized below (capitalizedterrns as defined below): Bond Redemption Amount plus plus plus plus less less Total: equals Redemption Premium Future Facilities Amount DefeaSance Amount Administrative Feesand Expenses . ReserVe Fund Credit . Capitalized Interest Credit Special Tax A Prepayment 'Amount U June 20, 2005 Page 12 ACENDA ITEM NO. C? PACE d. t, OF Lf ~ City of Lake Elsinore CFD No. 2005-5 (Villages at Wasson Canyon) n As of the proposed date of prepayment, the Special Tax A 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 A and Backup Special Tax A. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued; compute the Assigned Special Tax A and Backup Special Tax A 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. 3. (a) Divide the Assigned Special Tax A computed pursuant to paragraph 2 by the total . . estimated Assigned Special Tax A for the entire CFDNo. 2005-5 based. on the Developed Property Special Tax A which could be levied in the current Fiscal Year . on all expected development through Buildout of CFD No.' 2005-5, excluding any Assessor's Parcels which have been prepaid, and n (b) Divide the Backup Special Tax A computed pursuant to paragraph 2 by the total estimated Backup Special Tax A at Buildout for the entire CFD No. 2005-5, 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 complite the. amount of Previously 1ssued Bonds to be retired and prepaid (the "Bond Redemption Amount"). ' 5. Multiply the Bond Redemption Amount computed pursuanUo paragraph 4 by the 'applicable redemption premium (e.g., the redemption price-lOO%), 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 cofuputed 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 andlofprincipal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds. ,. " r (\ 9. . Determine the Special Tax A levied on the Assessor's Parcel in the current Fiscal . Year which has not yet been paid. city of Lake Elsinore CFD No. 2(}()5-5 (ViUages at Wasson Canyon) June 20, 2005 Page 13 . '3 OF LIP ACENDA ITEM NO. PACE d., I u 10. .: Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax A 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' of CFD"No. 2005e5 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. 2005-5 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") shallequal 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 U . date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be grantedi[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 Indenture). . . 14. If any capitalized interest for the Previously Issued Bonds wilI not have been expended as of the date immediately following the first interest and/or principal payment folIowing the current Fiscal Year, a capitalized interest credit shall be calculated bymultiplying 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 A prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5;-7, 11' and' 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Special Tax A Prepayment Amount"). . From the Special Tax A 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. 2005-5 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. 2005-5. The Special Tax A Prepayment Amount may'be insufficient to redeem a full $5,000 U City of Lake Elsinore CFD No, 2005-5 (Viihlges at Wasson Canyon) June 20, 2005 . Page 14 ACENDA ITEM NO. PACE d. ~ q OF L(~ n increment' ofCFD No: 2005-5 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. 2005-5 Bonds or to make debt service pa)'ffients. As a result of the payment of the current Fiscal Year's Special TaxA leVy as determined. under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's Special TaxA leVy for such Assessor's Parcel from the County tax rolls. With respect to any I Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax A and the release of the Special Tax A lien on such Assessor's Parcel, aild .the obligation of such Assessor's Parcel to pay the Speci31 Tax A shall cease.' . Notwithstanding the foregoing, no Special Tax A prepayment shall be 31lowed unless;:at the time of such proposed prepayment, the amount of MlLximum Special Tax A that may be levied on Taxable Property within CFD No. 2005-5 (after excluding 24 Acres of Property Owner Association Property and/or Public Property in CFD No. 2005-5 as set forth in Section E. I) both prior to and after the proposed prepayment is at least equal to the sum of (i) . the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds. n 2. Prepayment in Part The Special Tax A 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 formula: PP = [(PE - A) x F] +A These terms have the following meaning: ("'\ PP = the partial prepayment. PE = the Special Tax A Prepayment Amount calculated according to Section H.I. F = the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel is partially prepayingthe Special Tax A. A = the Administrative Fees and Expenses calculated according to Section H.l. 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 A and the percentage by which the Special Tax A shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax A 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 Council shall (i) distribute the funds remitted to it according to Section RI, and (ii) indicate.in the records of CFD No. 2005-5 that there has been a partial City of Lake Elsinore CFD No. 2005-5 (Villages at Wasson Canyon) June 20, 2005 Page 15 . ACENDA ITEM NO. ct' PACE~OF LfK , u prepayment of the Special Tax A and that a portion of the Special Tax A with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum .Special Tax A, shall continue to be levied on such Assessor's Parcel pursuantto Section D.]. I. TERM OF SPECIAL TAX The Special Tax A shall be levied for a period not to exceed forty years commencing with Fiscal Year 2005-2006, provided however that the Special Tax A 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. 2005-5 Bonds have been paid; (ii) all Authorized Facilities have been acquired and all reimbursements to the developer have been paid; and (iii) all other obligations of CFD 2005-5 have been satisfied. The Special Tax B shall be levied in perpetuity so long as necessary to meet the Special Tax Requirement for Services. U I ,: " .' 11; u City of Lake Elsinore CFD No. 2005-5 (Villages at Wasson Conyon) June 20, 2005 Page J 6 ACENDA ITEM NO. <:J. PAGE ~O OF Lfrt. [\ . . ....EXHIBIT A . . CE:R:rIFICATE TO AMEND SPECIAL TAXES [\ n .'- .; - . . , . ,..;, r-, , , . ACENDA ITEM NO. ? PACE-3.LOF 4 f CITYOF LAKE ELSINORE AND CFD No. 2005-5 CERTIFICATE u I, Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore ("City") and City of Lake Elsinore Community Facilities District No, 2005-5 ("CFDNo, 2005- 5") hereby agree to a reduction in the Assigned Special Tax A for Developed Property, 'and the Backup Special Tax A attributable to a Final Subdivision within CFD No, 2005-5: (a) The information in Table I relating to the Assigned Special Tax A for Developed Property within CFD No, 2005-5 shall ,be modified as follows: I Resi dential Property => 3,600 sq, ft $_ per unit 2 Residential Property 3,475 - 3,599 sq, ft $ per unit 3 Residential Property 3,350 - 3,474 sq, ft, $ per unit 4 Residential Property 3,225 - 3,349 sq, ft, $ per unit 5 Residential Property. 3,100 - 3,224 sq, ft $ per unit 6 Residential Property < 3,100 sq, fte $_ per unit , 7 Non-Residential Property NA $_ per Acre U (b) The Backup Special Tax A attributable to a Final Subdivision within CFD No, 2005-5, as stated in Section C.La,(3), shall be reduced from $15,187 Per Acre to $_Per Acre, 2, Special Taxes may only be modified prior to the first issuance of CFD No, 2005-5 Bonds, 3, Upon execution of the Certificate by the (:ity and CFD No, 2005-5, the City shall cause an amended notice of Special Tax lien for CFD No, 2005-5 to be recorded reflecting the modifications set forth herein, By execution hereof, the undersigned acknowledges, on behalf of the City and CFD No, 2005-5, receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate. CITY OF LAKE ELSINORE By: Date: CFD Administrator COMMUNITY FACILITIES DISTRICT NO, 2005-5 OF THE CI,TY OF LAKE ELSINORE u By: Date: AGENDA ITEM NO. PAGE 3~ <i' OF 4K n ;1 ; RESOLUTIONNO.2005-S C),I", ""RESOLUTION OF INTENTION OF THE'CrrYCOUNCIL OF' THE CITY OF LAKE ELSINORE TO INCUR BONDED , INDEBTEDNESS IN, THE, AMOUNT, NOT, TO EXCEED d"$8,500,OOQ, WITHIN" THE PROPpS ED ,CITY' OF LA~', ELSINORE COMMUNITY FACILITIES DiSTRICT NO. 2005-5" (VILLAGES AT WASSON CANYON) , ,'," , ,-' - '-'" -', " . - '. .. . ( ,~ ~ c . J' ;', ; n ", WHEREAS, the City Council (the "CounciF') of the City of Lake Elsinore (the "City") has heretofore 'adopted Resolution No,' , stating the' Council's intention to form Community Facilities District No, 2005"5 (Villages at " .", \ .' '.', ,. - . Wasson 'Canyon) (the "CFD"), pursuant to the Mello~Roos Community Facilities Act' of 1982, as amended, (the "Act"), to finance,'th,e purchase, constructi'on;' expansion' orrehabilitatioh. of certain real and' othertang;iblepropefty with an" estimated useful life of five, years,,()r longer, including public infrilstructure , '.... :, . ,,_ ,c' J_ ,c' .." , ',' facilities' and 6thergovemmental facilities, which are necessary tome,et iri,creas~d denmnds placed upon' the City as a result 'of development or. rehabilitation occurring within the proposed CFD (the "FaCilities"); and ' . '. ,-, -: ""'.; :, . . "I, '. . ',~:.;. ' ' , ,"'~ f r '_ j' ., WHEREAS, in order to finance the Facilities it is, necessary to, incur bonded f . , , ,_ . ',. <-,' " "'_. ' indebtedness in the amounts not to, exceed, $8,50P,qOO, the repaYJ:I1ent of whicp.i~, tobe,,secured by.i~pecial ~~es levied, in accordance with Section 53340 et, s~q: of, the A~t on all, property wlthm the CFP, ,other than ,those ,prop,~rties exeIT,lpted fi:om , taxation as proyided, in the respective rat~ and method, of apportiomulmtattached,:; as Exhibit A to Resolution No, . '.' , ", '" ' , " " , , ' , " , . \. ~ ~ I ' , .. , , NOW,:qIE~FORE,1;HE CITY COUNCIL ()FTHE CITY OF LAKE ELSINORE DOES HEREBY' RESOLVE" DETERMINE, AND ORDER AS, FOLLOWS: ',' ,'," ", ',' ",,';," " ' ", ",' .. '.." ' j. i, ' :',: Section L The above recitals are true and correct. . ' . , " i ; . " .~, .' . ~". . ,; . ' _ - '.' ~" ...- '.) , , . r Section f ' 'It isnecessary' to incur bonded'lndel)tedrtesswithinthe' proposed CFDln the amounts 'not to exceed $8,500,000 to finance the costs of the' Facilities. 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 (\ 45619646.1 AGENDA ITEM NO. ,.' '4r- PAGE ~~ 'OF __ t _ i' , Section 5.A public hearing (the "Hearing") on the proposed debt issue. . shall be held August 9, 2005 at7:00 p.rn. or as soon thereafter as practicable, (l,t the chambersofthe Council, 130 S. Main Street, Lake Elsinore, California 92530. . ...' , I . '. t. ' . , , '. Section 6. 'At the' Heanngat '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 7. The proposition to incur bonded indebtedness in the maximum aggregate principal amounts notto exceed $8,500,000 shall be submitted to the qualified electors of the CFD. A special community facilities district election shall be conducted on AugUst 9, 2005, The special election shall be condJcted by hand. delivered or mailed ballot election. The ballots shall be returned to the office of the election officer no later than I (000' clock p.rn. on August 9, 2005. ; .; . . . ! .' u I Section 8. The Clerk is hereby directed to publish a copy of this resolution, which shall serve as notice ("Noti'ce") of the Hearing and tl}e special bond election; pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the proposed CFD. ' . : i Section 9. The Clerk niay send 1 copy of the Notice of the' Hearing by first-class mail, postage prepaid, to each registered voter and to each landowner within the proposeq CFD as shqWI\ on the last equalized a.ssessment roll.: . ) , , " u 45619646.1. ' 2 AGENDA ITEM NO. .~ PACE 3'-1 OF.4 S?' (\ I ,i (', 'I n PASSED, APPROVED AND ADOPTED this 2005. ATTEST: . City Clerk of the City of Lake Elsinore APPROVED AS TO FORM: Barbara Leibold, City Attorney 45619646.1 day of CITY OF LAKE ELSINORE" '.., (, By: Title: Mayor ",:l ,. 3 qf ACENDA ITEM NO. . "M~r:: ., c; OF 4K STATE OF CALIFORNIA :'.: .) . ., . )ss. COUNTY OF RIYERSIDE ) ., I, , City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolution was duly adopted by the City Council of said City at aregular meeting thereof held on the day of , 2005, and that it was so adopted by the following vote: AYES: NOES: ABSENT: _,I ,. ABSTAIN: By: City Clerk of the City of Lake Elsinore 45619646.\ AGENDA ITEM NO. PACE 3f., OF ~ '-Iy u u u Jun 22: 2005 II :28~! Prepared by Rod Gunn Associates (Finance 5.014 cfd:CITY-625) Page 1 n SOURCES AND USES OF FUNDS City of Lake Elsinore' Wasson Canyon Sources: Bond 'Proceeds: . Par Amount 7;000,000.00 7,000,000.00 Use's: ,:1 other Fund Deposits: , 'Reserve Fund .Capitalized Interest 611,600.00 210,000.00 821,600.00 Delivery Date Expenses: , Cost ofIssuance \ Underwriter's Disco,unt 190,000.00 140,000.00 330,000.00 ,," . Other Uses ofFwi.d~: . Additional Proceeds 5,848,400.00 7,000,000.00 n ",' n AGENDA ITEM NO. PAGE ~ 7 ~ OF LIZ ACENDA ITEM NO. PACE 38 OF u v i-fg' lun 22, 2005 11 :28 am Prepared by Rod Gunn Associates (Finance 5.014 cfd:CITY-625) Page 3 BOND PRICING n Bond Component Maturity Date Serial Bonds: 09/0112007 09/0112008 09/01/2009 09/0112010 09/0112011 09/01/2012 09/01/2013 09/0112014 09/0112015 09/0112016 09/01/2017 09/01/2018 09/0112019 09/0112020 09/01/2021 Term -B?nd M~turing 2028: 09/01/2028 n Term Bond Maturing 2036: 09/0112036 City of Lak~ Elsinore Wasson Canyon Amount Rate Yield . Price 6.000% 6.000"10 . 100.000 5.000 6.000% 6.000"10 100.000 15,000 6.000% 6,000"10 . 100.000 25,000 6.000% 6.000% 100.000 35,000 6.000% 6.000% 100.000 45,000 6.000% 6.000% 100.000 55,000 6~000% 6.000% 100.000 . ,70,000 6.000% 6.000% 100.000. :85,000 6.000% 6.000% 100.000 100,000 6.000% 6.000% 100.000 115,000 6.000% 6.000% 100.000 130,000 6.000% 6.000% 100.000 1'50,000 6.000% 6.000% 100.000 170,000 6.000% 6.000"/, 100:000 190,000 6.000% '6.000"/, 100.000 1,190,000 2,030,000 6.000% 6.000"10 100.000 3,780,000 6.000% .6.000% 100.000 7,000,000 03/0112006 : 03/0112006 09/0112006 7,000,000.00 7,000,000.00 100.000000% (140,000.00) (2.000000) " 6,860,000.00 98.000000% 6,860,000.00 . Dated Date Delivery Date ~irst Coupon Par Amount . Original Issue Discount '. Production . 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' .. . 8 0 w 0 ~ill~8~" ~ill~8- .iil J: _I--- ~ __ -..... f::1 - J: i:l (1')"" .....M(j "''<t .....M I:::. ",0 ~!.ic:.Uict~~ c.cfricfti~ ii; wZ l! >->->->->-.>-U) 1:1:"~~~~ 0 z "g !::-lY~trlYlYtra -' 0 ~12 "' a:: a::: a::: a::: a::: a::: -' w zUJwwwww~ w W.W w w w "' >- .. " z ~~~-g,15~&!2 "o..a..-o..o..o..o.. w u. <( ~i f 000000 s ~ wrrrrrrrrrrOC(l) n:::rroc'ocococ U 4.0..0..0..0..0..0..(1} 0..0..0..0-0..0.. Z ~...J...J...J...J...J...JOC( ...J..J..J::J...J...J -' tI' 0 !a <{<(<(<(<(<(l.L l'l ~,~ ~ ~ ~ ~ ~ !I S 0:i=i=i=i=i=i=0 0 lZ lfzzzzzzs. "' wzzzzzz w :J" .. 4.WWWWW~ .. -' ~ 8" oi'Ji'li'Ji'Ji'Ji'J", -' o Q Q Q.Q Q_ "' "' fffiffiffHfHl3ffi~ ~ f ffHfHlffi ffH3 ,. iii I~ ; ~ .Olj " () 0:>- f'<<r~O:lr* ;ilr,O::,-lr.rr.~.o: ,. .. Oljo: w ~ "' <J) '-~~(,)'~~ID~ 0 ffi ~,' ," 0 w >-1l ili .....('\I('):.~~ID w " -'z If ~ ~ ~ ~.~ ~ ~ -' Z :'i "'w ~~~~~~~~ ~ " tl-' Z i1i ~ ii:~ 0 I'! :> 0:000000 Z D::Ooo.uuo "" , " AGENDA ITEM NO. 'r PAGE /..f ${ OF Lfg (', n n CITY OF LAKE ELSINORE . REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER . JUNE 28, 2005 DATE: . . SUBJECT: . ," RESOLUTION OF INTENTION TO l\NNEX PROPERTY . INTO COMMUNITY FACILITIES DISTRICT NO. 2003~1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO..13 . (VILLAGES A T WASSON CANYON) 'i' BACKGROUND .,' On August 12,2003 the City Council approved Resolution 2003-37 establishing Community Facilities District No. 2003-1 (Law Enforcement, Fire, and paramedic. Services). The district levies a special tax for public safety costs above what already exist in the district. The City is requiring undeveloped parcels within the" City that are developed with more than four residential dwelling units to be arulexed into the service district . , . As a condition of approval, the City has required the Wasson Canyon development. to be annexed into the Community Facilities District No. 2003~1. . DISCUSSION A special tax will be levied in the amount of$312.12 per multi-family dwelling unit for fiscal year 2005-06. The amount of the special tax assessment maximum increases two percent annually. Wasson Canyon will add 191 single family dwelling units to the exiting district boundary and generate about $59,615 annually beginning in 2005-06 or once all the homes are built. The map of the proposed boundary is attached. ACENDA ITEM NO. q PAGE-L-OF ..iL- REPORT TO THE CITY COUNCIL JUNE 28, 2005 PAGE 2 FISCAL IMPACT The cost oflaw enforcement and fire services is approximately$750 per single family dwelling unit. For each SFD unit, only about $100 to $150 of property tax dollars will be generated. . Property tax is not sufficient to fund the cost of public safety services and therefore the.CFD 2003-1 special tax levy of$3l2.12 will. . assi~t the funding of the increased public safety service where the property tax is deficient. PROCESS The annexation into the district requires a specific process as outlined in the attached resolution. The City Council will need to hold a public hearing on the annexation into CFD 2003-1 and the participating property owner will have the opportunity to vote. The public hearing can be scheduled for August 9, 2005. RECOMMENDATION I., 'r It is recommended that City Council:', . ,/;i . -') 1. Adopt the Resolution of intention to Annex Property from Annexation Area. No. 13 (Villages at Wasson Canyon) into the CFD 2003-1 . 2. S,chedule the public, hearing on.Annexa~on.Arell. No. 13 for August 9, 2005 PREPARED BY: M~~~ DIRECTOR OF: ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: AGENDA ITEM NO. PAGE d.. u u u C1 OF-1L- n (\ n PROPOSED BOUNDARY,OF ANNEXATION .NO.13 TO 'COMMUNITY FACILITIES DISTRICT No. 2003-1 OF' THE CITY' OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE; AND PARAMEDIC ,SERVICES) COUNTY OF RIVERSIDE, ., ' STATE 'OF CALIFORNIA ',)1 ,'ri.. ,.Mal. :5 OT I.1.A 200+-1. . (HOT A'PARl) \. ".J PARCO. .. or. LLA 2004-'4 _ (NOT A'AIl') ,-, t " . ~ i " .... 'to SCAl.L: '.-300' ',' \4aNITY MAP NO """ LEllfJm """"- -... '.,' " ',' 347_330-011 3t7-.)30-04S 347-330-00II i1~m:~' Sl:U !3:H IXCUIl*C:PAllCB. 3 AND 4t1 LOt UN[ Abr.IJSlWOff MO. 2004-14 REaJIDED .. aFlaAL ItECXlRDS. """'" (F ....... AS DClCWDfT NO. 201&-02112'10 , , "P.1l "",-. ,.., FUD IN l'H[ cma: (OF THt 07Y a.at aT ~ ClN OF lAlCt D.SNOJI'l" 1IG ----.!.-....DAY OF ~ orr WRIl' (llHE OTY OF lMl'RSlNCR , , , ' I HDDY CfltlFY 'lHAT THE .'ItIN IAN' iSHOINfH f'RCI'OSlD IJOUfC)NlQ or Nfr€lCAlXlH NO. "t, 10 lHE an' fI ~D.SINOIlE c:c.M'lNTY ,ACltIJESCIS1ftIl:TNC. ~1 OTYDFI.NC[ fiSIlrI(.Ilt[, CQ.NT'l' rT RfOSID(, $fA1( 01 C'AlJf"ClRNlA IrAS APf'RC)'mJ 8YlH[ CITY COUNCIl OT lHEOTYOf' LAKE D.S/HOR[: AT A IIDllI..AIll.Y!iOIOllUDIlIa1lNC: lHDlEOF'.HaDCNlHE_DAYOF" lOD5. BYnsAE5Q.UlKlNNo. an' c:tDtK OF THE: 011' Of" LAllI: E1SNORE FUDlHlS_DAYtl___2OClI5. ATlHEJfCllMtDF O'ClOOl.,..W."~OFWAPS OF ASSESSIIOlT AND <:ouwI.NTY "ACllJ1I[$ 0lS1RlC'J$ PAGl" NOS.-~ AS M1RUW[HT W1 . II THE (IffXX " 1H( COUNTY R(COfIl(R IN _ COUNTY t7 Rl~ STAll OF CAUlllMA. CIOlJNTTI'IUoWIW.J'l Uf 1HE alUNJTClf JII~. "'L-- r., Il9Vt[NCE lHf .IIl\OtSU: COUNTY" A$SESSClR"$ tMfl'$ f"CIt A DfTAlI.EIl DE5CfIIP1JCW OF PARaL UH[S AND ~ Al..5O I'lI7PIDICE LOT LNE AO.lISNEN' NO. ZOO4-M IfIfXJRCfI) IN Cf'FJCIAL RfQlMlS,. ~ OF Itl'lPSll(,. /f$ 00CUlllfNT NO. 2000-02ftl2lo. Rllt DCTAUD ClE$CJfP1ION AND ~ " PNt(U ;1 NIf) of Of' SoW DOC\IMfHT: PROPOSED BOUNDARY MAP _ HARRIS.A: ASSOCIAnS 1-' ma.llM '-II. Suh 151 _1roI-.u.mu 1t.lt)I55->>OD.rAX ("'1 W-J1t5 Amluatl_ No.' 13 to CDllUllDDit;:, J'aeD.l.U. Dldrict No. 2003-1 of the ClV of !.lI. lbinore (~.. EDforeemeDt.. J1re, ur.d PlU'amdic s..toa) """'" .,...-a.ITRI NO. -.- f'~...\.....,..".. -., o~\Ift)____Qoo,.. q F il ... 1 . . RESOLUTION NO. 2005 - S (p RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES. DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA, NO. 13 (VILLAGES AT WASSON CANYON) u WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has established City of Lake Elsinore Community Facilities District No. 2003" I (Law. Enforcement, Fire and Paramedic Services) (the "District") pursuant to the Mello-Roos' Community Facilities Act of 1982, as amended, commencing with S'ection 533 11 of the Government Code of the State of California (the "Act"); and ; , WHEREAS, the District will finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available U within the territory proposed to be included in the District through the formation of the District subject to the levy of a special tax to pay for such services, being I approved at an election to be held within the boundaries of the District; and WHEREAS, the Council has provided for the annexation in the future of territory (the "Future Annexation Area") to the District pursuant to the terms and provisions of the Act. . . WHEREAS, the. City has. received a. Consent and Waiver from Wasson Canyon Investments, LP requesting annexation of property owned by Wasson Canyon Investments, LP, which constitutes a portion.. of the . Future Annexation. Area, into the District; and ' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE' AND ORDER AS FOLLOWS: ' Section 1. The Council hereby determines to institute proceedings for'the annexation ,of Annexation Area No. 13 (Villages at Wasson Canyon) into the District under the terms of the Act. The exterior boundaries of the area 'to be U annel.'ed (Annexation Area No; I3 (Villages at Wasson Canyon)) are hereby ACENDA ITEM NO. PACE 3' OF---U-- q o o o . Section 3. The name of the proposedarinexationarea 'sha1l' be "City of . Lake Elsinore Community 'Facilities District'No.2003-1 (Law Enforcement', Fire' and Paramedic Services), Annexation Area No. 13 fVillages at Wasson Canyon)." Section 4. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Acta speCial tax (the "Special Tax") sufficient tofiilance law enforcement, fire and paramedic 'services that are in addition to 'those provided in the territory within" Annexation Area No. 13 (Villages at Wasso~ C~yon) prior to the annexation of Annexation Area No. 13 (Villages at Wasson Canyon) into the District and do not supplant services already available witj1in the territory proposed to be included in . . . " I, ., . " the District, the, costs of administering the levyand collection of the Special Tax arid ~allother costs of the levy of the Special' Tax, induding,any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs 'of ,the' tax ltivy.' .The Speciar",Tax \villbe secured by recordation 'of a continuing. lien. against all. flOn-exempt real property in the proposed AnnexationArea No. 13 (Villages at WassoriCahyon'j. The schedule of ACENDA ITEM NO. PACE 'i q OF -1.L- the rate and method of, apportionment and manner of collection of the Special Tax is described, in detail' in Exhibit, '~A" attached- hereto and by this reference incorporated herein., The annexation ,of Annexation Area No. 13 (Villages at Wasson Canyon) will not result in,any change to the special tax rates levied in the District prior to such annexation. u "- The, Special Tax, is apportioned to each, parcel on the foregoing ,basis pursuant to Section 53325.3 of the Act and such Special Tax is not on or bas~d uppn the ownership ()freal property.' ,,' ' The maximum Special Tax applicable to a parcel to be used for private residential purposes, as set forth.in Exhibit A, is specified as .a dollar amount' which , shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for private residential purposes, and such' am<mnt shall, not be increased over time by an amount in excess of 2 per,cent per year. Under no circumstances will the Special Tax to ,be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or dyfault by the owner' of any other parcel or,parcelswithin the proposed Annexation Area No. 13 (Villages at Wasson Canyon) by more than 10 percent. As specified by the Act, for purposes of,this paragraph, a parcel shall be considered "used forpnvate residential purposes" not later than, ,the date, on' which an U occupancy permit for private residential use is issued. , '" ,', Section 5.A public hearing (the "Hearing") on the annexation of Anne~ation Area No. 13 (Villages at Wasson Canyon) and the proposed rate and method of apportionment of the Special Tax shall be ,held on August 9, 2005, at, 7:009'clock p.rn., or as soon thereafter as practicable, at the chambers of the City , Council of the City of Lake Elsinore, 183 North Main Street, Lake Elsinore,' California 92530. . I . . r .". , Section 6. At the time and place set, forth abov~ for the hearing, any interested person, including all persons owning lands or registered to vote within the proposed Annexation Area No. 13 ,(Villages at W<;isson Canyop), may appear and be heard. , Section 7", Each City officer~ho is or will be responsible for Jhe District, if it is established,' is hereby directed to study the proposed Annexaii'6n Area No. 13 (Villages at Wasson Canyon) ancl, at or before the time of the above-mentioned H~aring, file a report with the City CmIDcil, and which is to be m~de a part of the' record of the Hearing, containing a' brief description of Annexation Area No. 13 (Villages at Wasson Canyon)' and his or her estimate of the cost of providing U '. . '; - '. " .' , .'. ' ." ACENDA ITEM NO. PACE 5 q OF /I ("\ ("\ n additional law enforcement, fire and paramedic' serVices' within the boundary of Annexation Area No. 13 (Villages at Wasson Canyon). The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses, including all costs associated with the annexation of Annexation Area No. 13 (Villages at Wasson Canyon), determination of the amount of any special taxes, collection of any spec;ial taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District. . "j',' Section 8. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in annexing the proposed Annexation Area No. 13 (Villages at Wasson Canyon). The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of Annexation Area No. 13 (Villages at Wasson Canyon). Section 9. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area ofthe proposed Annexation Area No. 13 (Villages at Wasson Canyon). Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation Area. No. 13 (Villages at Wasson Canyon) as provided in Section 5339.5 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing. Section 10. The voting procedure with respect to the establishment of the District and the imposition of the special tax shall be by mailed ballot election. AGENDA ITEM NO. PAGE 6 C\ of-1L- ,PASSED,..APPROVED AND ADOPTED this ,2005, 'ATTEST: " . CITY OF LAKE ELSINORE day of Robert E. Magee, Mayor City Clerk APPROVED AS TO FORM: . " Barbara Zeid Leibold, City Attorney ).'.' I I " ,', I't, . I;. ~ , AGENDA ITEM NO. PAGE 7 , , u u :: i .; u q OF ---1L- ("', ("', ("', STATE OF CALIFORNIA ' ) , , , }ss. COUNTY OF RIVERSIDE;';:' ") ,i I, , City Clerk of the City of Lake Elsinore, do hereby, certify that the foregoing Resolution was duly adopted by the City Council of said City at a meeting thereof held on the day of 2005, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ,ABSTAIN: By: "City Clerk ACENDA ITEM NO. PACE g ~ OF-1.L- . I' , I ",-' , EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX ' . '" ...,. . j' i' ',i . /1, ~ ,; , .,-' ,~. . r. r . .;.J , ./' j., , ,. " u u u , ' AGENDA ITEM NO. q' PACiE~OF--1L- n n ("'\ .>[. City of I!.ake Elsinore,' ) CommurlityFac'ilitiesDistrict No. 2003.1 (Law Enforcement, Fire and Par~me~ic ~erJices) Rate and Method of Apportionment of Special Tax "ill; .", '.' ", ,.',: ';<': ;....-,..., .j '.' !,P" < ,1' ,'I ,. Introduction 'oj .j', . - ~ ' " .' ,,',' ....,', " e, ;,; j Special taxes shan be annuany levied on' an Developed:Residentia] Property and Deve]oped,., MulticFami]y Property (as hereinafter defined) in, the City of Lake Elsinore Community ,Facilities District No: 2003c] (Law Enforcement, Fire and ,Paramedic ,Services) (the "District"), in accordance" with the rate and method of apportionment, of special taxes.hereinafter set forth. An of, the property within the District that is not Developed Residentia] or Deve]oped'Multi-Fami]y Residential Property , shan be exempt from the Maximum Annua] Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside, City. City of Lake E]sinore, California, Developed Multi-Family Property. Assessor's Parcels in the DistriCt for which a building permit has been issued by the City on or prior to March 1 preceding the Fisca] Year for the construction of a Unit that is located or shan be located within a building in which each individual Units has or shan have at least one common wan with another Unit. Developed Residential Property. An other Assessor's Parcels in the District for which a building permit has been issued by the City on or priorto March] preceding any Fisca] Year for the construction ofa Unit that is not Developed Multi-family Property. Fiscal Year, The period beginning on Ju]y 1 and ending on the fonowing June 3D, Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwening unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwening units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July I of each Fiscal Year, commencing Ju]y ],2003, the City shan determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi-Family Property, Beginning in Fiscal Year 2003-04, and an subsequent Fiscal Years, the City shan levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $300 and on each Assessor's Parcel of Developed Multi-Family Property .,',.', q OF-LL- ACENDA ItEM NO. PAGE I cO in the amount of$150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2%, commencing in .Fiscal Year 2004-05, and each Fiscal Year thereafter. U Duration of the Maximilfu'ADliual speciai Taxes' . .' The Maximum.i\nnual' SpeCial Taxes" shall- lie levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same planner as ordinary ad valorem property taxes are collected and shall be subject to. the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes:' The Maximum . Annual Special taxes when levied shall be secured. by ,the lien imposed 'pursuant to Section 3115.5 0[. the Streets and Highways. Code.' This lien shall be a continuing lien and, shall secure each levy of,Maximum Annual. Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and,effect until the Special Tax ceases to be", levied;in the manner provided by Section 53330.5 ofthe Government Code. ., .' , .. i1 ' ";' .!. ';,:- t'}l ,t 'v' f,', ',' U ;1 .' .,' , /. , ."', , ". . , " 1'" "; ". -v; :; J -.1; , i" I .' J ~ , . , , l ~ ",' ,"!':. " ;.. , ,. '/.l .-' ~, 'It "",' .: ' ., :);' " ,'j',.. ," ,1,\ " 'I' i I - , .' ..'r;J ,,', ')' 'It:: " ..:. ','J" " . '.Jf , .. I_I :-. U ",. (, ACENDA ITEM NO. C\. PAGE--1.L-OF -11- n n n ,",} r' .', " .'. CITY OF LAKE ELSINORE u REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUNE 28,2005 SUBJECT: ANNUAL ADOPTION OF INVESTMENT POLICY BACKGROUND Government Code Section 53646(a), the City's Investment Policy, the investment policy should be reviewed and adopted by City Council annually. DISCUSSION Upon reviewing the investment policy and comparing it to the current Government U Code, the City investment policy was determined to conform. The policy also has all required elements as outlined in the Model Investment Policy of the Municipal Treasurers' Association of the United States & Canada. There are no changes being proposed from the investment policy adopted last June 2004. FISCAL IMPACT None RECOMMENDATION Adopted the investment policy. PREPARED BY: ~ MATT N. PRESSE DIRECTOR OF MINISTRATIVE SERVICES APPROVED FOR AGENDA BY: U AGENDA ITEM NO. PACE I \0 OF:z1- CITY OF LAKE ELSINORE INVESTMENT POLICY ( n diversifYing the investment portfolio so that the failure of anyone issuer does not unduly harm the City's capital base and cash flow. . Market, Risk defined as market value fluctuations due to overall changes in , . . the general level of interest rates, shall be mitigated by limiting .the average maturity of the City's investment portfolio to . two years, the maximum maturity of anyone security to five years, structuring the portfolio based on . historic and current cash flow analysis:eliminating the need to sell securities prior to maturity; and avoiding. the' purchase of long-term securities for the sole purpose of short-term speculation. ' , , B) Liquidity Historical cash flow trends are compared to current cash flow requirements on an ongoing basis in an effort to ensure that the City's investment portfolio will remain sufficiently liquid to enable the City to meet all reasonably anticipated operating requirements, . C) Yield n The investment portfolio shall be designed with the objective of attaining a; market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio.. . 5) PERFORMANCE EVALUATION ", 1- Investment performance ,is continually monitored and evaluated by the Director of Administrative Services; . Investment performance statistics" and activity. reports are generated on a monthly basis for presentation to the City Manager, City Council and City Treasurer. '"," 6) DELEGATION OF AUTHORITY Daily management responsi!>ility oLthe inve~tment program 'has. been delegated to the . Director of Administrative Services who shallc establish procedures. for the operation consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Administrative Services... The Director of Administrative Services.shalhbe responsible for.,all'transaclions undertaken and shall establish a system of controls.to regulate the activities of subordinate officials, Under the provisions of California Goverument Code, 53600.3,. the. Director of Administrative Services:is a trustee and a fiduciary subject to the prudent investor standard. n ." :;. 3 AGENDA ITEM NO. \ 0 PAGE~OFJ.1.- CITY OF LAKE ELSINORE INVESTMENT POLICY i' u 7) INVESTMENT PROCEDURES The Director of Administrative Services shall establish written investment procedures and guidelines for the operation of the investment prograIl) consistent with this policy. The procedures should include reference to: safekeeping, PSA repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such' procedures shall include explicit delegation of authority to persons responsible for -investment transactions. No person.may engage in an investment transaction except as provided under the terms of the policy and the procedures established by the Director of Administrative Services. 8) ETHICS AND CONFLICTS OF INTEREST 'Officers and employees involved in the investment process shall refrain from personal business activity that. conflicts with proper executions of the investment program, or impairs their ability to make impartial investment decisions. Additionally, the city Officials are required to annually file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC). 9) SAFEKEEPING AND CUSTODY, To protect against fraud or embezzlement of losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party bank / trust department. u All security transactions entered into by the City of Lake Elsinore shall be conducted on delivery-versus-payment (DVP) basis; . All securities' purchased or acquired shall be delivered to the.City of Lake Elsinore by book entry, physical delivery, or.by third part custodial agreement as required by CGC 53601. Securities held custody of the City shall be independently audited on an annual basis to verify investment holdings. All exceptions to .this safekeeping policy must be approved by the City Manager in written form and included in inonthlyreporting to the City Council.. . . 10) DIVERSIFICATION The City of Lake Elsinore will diversify its investments by security type and institution. It is the policy of the City of Lake Elsinore to diversify its investment portfolio. Assets shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer, or a. specific class of securities. Diversification strategies shall be determined and revised periodically. . In establishing specific diversification strategies, the following general policies and constraints shall U apply: 4 10 ACENDA ITEM NO._ PAGE ~ OF '2.1 ('\ I , II 'I I n [1 ., . I ~ ,'"\. June 2005 CITY OF LAKE. ELSINORE INVESTMENT POLICY 1) POLICY. . ., In acc~rdancewith the City Council Policy. of the. City of Lake E]sinore and under authority granted by the City Council, the City Treasurer's function and responsibility for investing theunexp.ended cash in thel:::ity Treasury.has been designated to the City Manager. " " The investment of,the:fundsofthe City of Lake Elsinore is directed to the goals of safety, . liquidity andyie]d. . The authority governing investments Jor municipal governments is set forth in the California Government Code (CDC),Sections 5360] through 53659. _ "'.' '. .. ", J .' - The primaryo,bjective of the-investmentpo]icy of the City of Lake E]sinore is SAFETY OF PRINCIPAL: Investments shall be placed in those securities as outlined by type and maturity sector in this document. Effective cash flow IiIariagement and resulting cash investment practices are recognized as essential to good .fisca] management and controL The City'sport(olio shall be designed and managed in a manner responsive to the public , analysis and, as a result the balance between the various investments and maturitie$ may change in order to give the City of Lake. E]sinore the optimum combinationof necessary liquidity and optimal yield based on cash flow projections.' . 2) SCOPE ,The investment po]icyapplies to .all financial. assets of the. City of Lake. E]sinore as . accounted for in the. Comprehensive Annua] Financial Report (CAFR), Policy statements outlined in this document focus on the City of Lake Elsinore's pooled funds, but will also apply to all. other funds under the City Manager's span of control unless specifically exempted by statute or ordinance. This policy is applicable, but not limited, to all funds listed below: ~GENDA ITEM NO. PACE :2. \0 OF..2:1- ....._..__.~---_.---- ------- CITY OF LAKE ELSINORE INVESTMENT POLICY Bond proceeds and reserve funds under the direct administration of a third party trustee U may have investments that may exceed the five-year policy period and are intended to coincide with liquidity needs. 3) PRUDENCE The standard to be used by investment officials shall be that of a "prudent person" and shall be applied in the context of managing all aspects of the overall portfolio. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, direction, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. It is the City's full intent, at the time of purchase, to hold all investments until maturity to ensure the return of all invested principal dollars. However, it is realized that market prices of securities will vary depending on economic and interest rate conditions at any point in time. It is further recognized, that in a well- diversified investment portfolio, occasional measured losses are inevitable due to economic, bond market, or individual security credit analysis. These occasional losses must be considered within the context of the overall investment program objectives and the resultant long-term rate of return. U The City Manager and other individuals assigned to manage the investment portfolio, acting within the intent and scope of the investment policy and other written procedures, an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner, and appropriate action is taken to control adverse developments. 4) OBJECTIVES As specified in CGC 53600.5, when investing, reinvesting, purchasing, acqumng, exchanging, selling, and managing public funds, the primary objectives, in priority order, of the investment ac"tivities shall be: A) Safety of Principal Safety of principal is the foremost objective of the City of Lake Elsinore. Each investment transaction shall seek to . ensure that capital losses are avoided, whether form securities default, broker/dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk, credit risk and market risk. Credit Risk. defined as the risk of loss due to failure of the issuer of a security, U shall be mitigated by investing in investment-grade securities and by 2 AGENDA ITEM NO. PACE ~ \0 OFJ:l- CITY OF LAKE ELSINORE INVESTMENT POLlCY .;- ", ",.. n . , . " -' , , (a) Maturities selected shall provide fOT stability of income and liquidity. ,:; , (b) DisbUTsement:'and paYToll: dates shall be covered through . maturity investments, marketable U.s,. treasury bills,. or other cash equivalent instruments such as money market mutual funds. . 11) INTERNAL CONTROL ),1., .r' The investment portfolio and all relllted transactions are reviewed and. balanced to appropriate general ledger accounts by the Finance Staff on a monthly basis. "i.;' '. . , !' .. An independent analysis by. an external auditor' shall be conducted annually to. review internal control, account activity, and compliance with policies and procedUTes and reported to City Council. . . . 12) REPORTING (\ .The City Director of Administrative Services shall review and render monthly investment reports to the City Manager, City ,Council and City TreasUTer. . The report shall include the race amount of the cash investment, the classification of the investment, the name of the institution.or entity, the rate of interest, the maturity date, the current market value, and accrued interest due for all securities:. The report. shall also. detail all repUTchase agreements and reverse repUTchase,positions and associated liabilities. . The report will also include the SOUTce of the portfolio valuation. As specified in CGC 53646 (e), if all funds are placed in LAIF, FDIC-insured accounts, and/or in a county investment pool, the foregoing report elements may be replaced by copies of the latest statements from such institutions. The report must also include acertification that (I) all investment actions ex'ecuted'sincethe last rep'ort have been made in "full compliance with the investment policy, and (2) the City of Lake 'Elsinore will meet its expenditUTe obligations for the next six months as required byCGC 53646 (b)' (2) and (3), respectively. The Director of Administrative Services shalhnaintaina- complete and timely record of all investment transactions: 13) QUALIFIED BROKER DEALERS, The City shall transact business only with banks, saving and loans, and with brokers/dealers. For brokers/dealers of government securities and other..investments, the standing with the California Department of Securities, the Securities. and Exchange Cornmission, the National Association of Securities Dealers, or other applicable self- . regulatory organizations. ('. -. Before engaging in investment transactions with a ,broker/dealer, the Director of .Administrative Services shall have received from said firm a signed certification form. This form shall attest that .the individual responsible for .the City of Lake Elsinore's 5 10 ACEWOA tTEM NO. PAGEjp OF .2"1 CITY OF LAKE ELSINORE I~ESTMENT POLICY account with that firm has reviewed the City of Lake Elsinore's investment policy, and U that the firm understands the policy and intends to present investment recoinmendations and transactions to the City of Lake Elsinore that are appropriate under the terms and conditions of the investment policy. In addition, broker/dealers must supply the Director of Administrative Services the following: ' . Audited financial statements Proof of National Association of Security Dealers certification Proof of state registration Complete broker/dealer questionnaire' ,. . . . An annual review of the financial condition and registrations of qualified bidders will be conducted by the Director of Administrative Services. ' Exceptions will be made only upon written authorization of the City Council. 14) AUTHROIZED INVESTMENTS ,Investment of City funds is governed by the California Government Code sections 53601 et seq. The California Government Code allows the City to invest in the following media: . Securities of the U.S. Government, or its government sponsored agenCies · Small Business Administration loans U . Certificates of' deposit, placed with commercial banks and savings and loan comparues ~ Negotiable certificates of deposit . Bankers acceptances . Commercial paper . C~rporate notes ,and bonds, including medium term notes . Local Agency Investment Fund . Repurchase agreements . Reverse repurchase agreements . Passbook savings account demand deposits . County Treasurer demand deposits . Asset-backed and mortgage-backed securities . Money market mutual funds Within the context of the limitations, the following investments are authorized, as further limited herein. Investment Type Authorization Limit % Maximum Maturitv US Treasury Bond/Notes/Bills US Government Sponsored Agency,Issues Banker's Acceptances o to 100% o to 100% o to 40% 5 Years 5 Years 180 Days u 6 /IoCENDA ITEM NO. PACE J \0 OF 1. "7 - (\ i I I II i I' ,I II " I Ii 11 II " ('. " ,I , " , (\ CITY OF LAKE ELSINORE INVESTMENT POLICY 1: 'Time Certificates of Deposit J, Negotiable Certificates ofDeposiL . Commercial PapeT , Medium Term Corporate Notes Repurchase Agreements Reverse Repurchase Agreements Local Agency Investment' Fund _!. ..:;' ". . '., , Oto 25% o to 30% .OtoI5% o to 30% 'I' o to 100% o to 20% o to 100% 5 Years 5 Years 270 Days 5 Years I Year 92 Days N/A .\, U.S. TreasurY Bills '~ Issued weekly ~ith maturity d~tes up to one year. They are issued and , traded on' a discount basis with interest figured on a 360-day basis, actual number of days. They are issued in amounts of $10,000 and up, in multiplesof$5,000. 'They are a highly liquid security. ' U.S. Treasury Notes c Initially issued with two~ to ten-year maturities., They are actively , traded in a large ,secondary market and are very liquid.; The Treasury may issue Note issues' with a minimUm of $1,000, however, the average minimum'is $5,000. .' Federal Government Sponsored' Agency Issues - Guaranteed directly or indirectly by the United States GovernmenL All agency obligations .qualifY as legal investments and are acceptable as security for public deposits., They, usually provide higher yields than regular Treasury issues, with all of the same , 'advantages. Examples include: ' , , . . . .' '. ~ , , · FICBs(Federal Intermediate CrediiBank Debentuies) - Loails to l~ndiiIg institutions used to finance the short-teim and ,ntermediateneeds offarmers, such as seasonal production. "They are' usually issueo monthly in nlinimum denominations of $3,000 with a nine-month maturity. Interest is payable at maturity, and is calculated on a ,360"day, 30-day month basis. " , , .', . FFCBs (Federal Farm Credit Bank) - Debt instruments used to finance the short and . . intermediate term needs' offarmers and the m'ltional' agricultural industry. They are , issued monthly with three- arid .six~month maturities. The FFCB issues larger issues . (one to ten year) on a periodic basis. 'These issues are highly liquid. . ,.,;,' " <. . FLBs (Federal Land Bank Bonds) -,Long-term' mortgage credit provided to farmers by Federal Land Banks-:These bonds are issue<f at irregUlar times for various maturities ranging from a few months to ten 'years. 'The IDinimum denomination is $1,000: They carry semi-annual coupons, mterest is calculated on' a 360-day, 30- day month basis. " ., 'I , · FHLBs (Federal Home.Loan Bank Notes arid Bonds) - Issued by the F~der;U Home Loan Bank System to help finance the housing industry., The, notes and bonds provide liquidity and home tliortgage credit to savings and loan 'associations, mutual savings banks, cooperative' banks, insurance companies, and mortgage-lending ...., 7 AGENDA ITEM NO, \ 0 PAGE-1-0F 21 CITY OF LAKE ELSINORE INVESTMENT POLICY institutions. They are issued iITegularly for variousmaturitiesc The minimum denomination is $5,000. The notes are,issued with maturities ofIess than one year U c,. .. . and interest is,paid at maturity. The bonds are issued with various maturities and carry semi-annual coupons. Interest is calculated on a 360-day, 30-day month basis. .' FNMAs (Federai National Mortgage Association) - Used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued about four times a year for "matu,rities ranging from a few .months to eight years. 'Theyar,e issued in millimum denomin,,:tions of $10,000. They carry seini-annual coupons.' Interest is computed on a 360-day, 30-day month basis.' ' ' . FHLMCs (Federal Home Loan Mortgage Corporation) - A government-sponsored "',',' ~," corporation established to' develop the secondary market for conventionaL home mortgages. Mortgages are 'purchased:solely from the Federal -Home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They ai'eissued for various maturities and in minimum ., " , denominations of $1 0,000, Interest is paid semi-annually and is calculated on a 360- day, 30-day month basis. ',. , . . , ' I . , .' . . Other fed~al agency issues are Small Business Admillistr~tion no~es (SBAs), U Government National Mortgage Association notes'(GNMAs), Tennessee Valley Authority notes (TV As), and Student Loan Marketing Association, notes (SALLIE- MAE!;). As a matter of practice, the City does not invest in these issues as they do not suit oUr purposes as well ,as other investnlent opportunities available. ,'; , . _ 1 . ,. ,. :'.1 " The City limits its investments to no more than 40%,of its surplus funds in anyone Federal Agency, . ,'( Bankers Acceptances - Short-term credit anangements to enable businesses to obtain funds to finance commercial transactions. They ar,e. tinle drafts drawn on a bank by an exporter or importer to. obtain funds to pay.for specific merchandise" By its acceptance, the bank becomes primarily liable for the payment of the draft at its maturity. An acceptance is a high-grade negotiable instrument., Bankers Acceptances can be purchased in various d,enominati<?ns for 30, 60, or 90 days, but no longer than -180, days. The interest is calculated on a 360~day. discount, basis similar to Treasury Bills. Lo.cal agencies may not invest more than 40% of their surplus funds in lJankers ,acceplm;1ces or more than 10% of the agency's surplus funds in bankers acceptances of any one commercial !;lank. Certificates of Deoosit - Time deposits ofa bank or savings and loan. They are purchased in 'various 'denominations with maturities' ranging from 30 to 360 days. The interest is . calculated on a 360-day, actual~day month basis' and is payable monthly. U 8 '\ \0 AOENOA tTEM NO. . PAOE~OF..z:L.- ["1 II n :1 I :1 , I " , " " n CITY .oF LAKE ELSINaRE INVESTMENT PaLlCY Negatiable Certificates .of Deoosit "Unsecured abligatians .of the financial institution, bank .or savings and laan, bought at par value ,with the promise to pay, face value plus accrued interest at maturity. They are high-grade negatiable instruments" paying a higher interest rate than regular certificates .of depasit. The primary market issuance is in multiples of $1,000,000; the secandary market, usually trades, in denominations of $500,000, althaugh smaller.lots are .occasionally available. As a matter .of practice, .only the ,ten largest U.S. ,banks where there is a secandary marke.t established for continued liquidity are considered for investment. The,City's,tatal investment in negatiable certificates of depasit may not , exceed 30% .of surplus funds. . . " ',,' '.I t" ., '. Cammercial Paper - Shart-term unsecured,promissory notes issued by a carporatian to raise' ,warking capital.. These negotiable instruments are purchased at a discaunt to par value .or at par value with interest bearing. . . ' I .. Lacal agencies are permitted by State law to invest in cammercial paper .of "prime", quality .of the highest ranking or .of the highest letter and numerical rating as provided by Moady's Investar's Service, Inc., and/or Standard and Poor's Carparatian. Eligible paper is further limited ta issuing corparatians that are organized and .operating within the United ~tates and having total assets in excess of five hundred millian dallars ($500,000,000) and having an "A" .or higher rating far the issuer's debt ather than commercial paper.. Cammercial,Paper issued by an Issuer that has a rating of "A" an their debt ather than cammercial paper but are an credit watch far a possible downgrade by a nationally recagnized rating agency shall nat be considered for investment purposes. Purchases of eligible cammercial paper'may not exceed -270 days maturity nar represent more than 10% of the .outstanding paper .of an issuing carparation. Purchases of commercial paper may nat exceed 15 percent .of the portfalia, An additional 15%, far a total of 30,percent of the portfalia, maybe invested .only if the dallar-weighted average .of the entire investment in commercial paper does nat exceed 31 days. "Dallar-weighted average maturity" is defined as the sum of the amaunt of each outstanding commercial paper investment multiplied by the number of days to maturity, divided by the total amount of outstanding commercial paper. Medium Term Carporate' Nates - Uns~c~red promissory nates issued' by a corporatian organized and operating in the United States. These are negotiable instruments and are traded in the, secomtary mar~et. Medium, term corporate nates can be defined as extended maturity commercial paper. , Local agencies are,restricted by the Gavernment Cade ta investments in carparatians rated in the top three note categories by Moady's Investors Service, Inc., and/or Standard and poor~s Corporation. Far medium-term notes, eligible purchases consist of instruments that 'have a rating of "A" ~r better by bath Maody's Investors Service,Inc., and Standard and Poor's Corporation. Carporate Notes issued by an issuer that has a rating of "A" but are an , credit watch for a possible downgrade by a nationally recagnized rating agency shall nat be , " cansidered for investment purpases. If the security's credit rating falls belaw "A" by .one .of these agencies, then awareness is ,heightened i and the security manitared cJa~ely to determine if credit risk has been signifi~antJy increas~. If a'security falls belaw, "A" by bath rating agencies, then the Directar of Administrative Services will evaluate the ,need ta . " , , '." '. " . " \0 ACENDA ITEM NO. p,aJ1L-OF '2'1 - 9 CITY OF LAKE ELSINORE INVESTMENT POLICY sell the security prior to maturity: 'Further restrictions area maximwri term of five years to maturity and total investments in mediuni term corporate tiotes may not exceed 30% of the , 'local agency's surplus funds." ' ' u , '", Repurchase Agreements -' A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.s. Government or other securities with a' contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repurchase agreement. Some banks will execute repurchase agreements for a minimwriof $100,000 to $500,000, but most banks have a minimum of $1,000,000. The term of a repurchase agreernent may not 'exceed one year. The market value of securities that underlay a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less ,than quarterly. Repurchase \'\greements can 'only be executed with financial institutions or broker/dealers that have signed a Master Repurchase Agreement with the City. Reverse Repurchase Agreements - A reverse repurchase agreement is the opposite of a repurchase agreement. The City loans a security to a bank in exchange for cash. The City , agrees to pay off the loan with interest on a future date. As this type of investment' actually involves a loan arrangement, the City may not invest more than 10% of its surplus funds in '. reverse repurchase agreements, and must always match its maturities to the reinvestment. , ~:v:; repurchase agreements may be utilized only when either of th~ ~ollowing conditions U 1. . The security was owned or specifically cornmitted to purchase, by the local agency, prior to December 31, 1994, and was sold using a reverse repurchase agreement on December 31, 1994. ' ,,1 , . I 2. 'The security: ' ' " a) to be sold has been owned and fully paid for a minimum of 30 days prior to sale; and' . . b) total 'of all reverse repurchase agreements owned does not exceed 10 percent' of the base value of the portfolio; and ..i c) agreement does not exceed a term of 92 days, unless the 'agreement includes a 'written codicil guaranteeing a minimum earning or spread for the entire period between the sale' Of a security using a reverse repurchase agreement and the final ~aturity date of the same security. ' , LAIF (Local Agencvlnvestffient Fund) - A 'special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5;000, in multiples of$I,OOO above that, with a maximum balance of $40,000,000 for any agency. The City is restricted to a maximum of fifteen U . transaCtions per month. It offers' high liquidity because deposits can be converted to cash in , , 10 ' AGENDA ITEM NO. \ 0 PACE..lL-OF 21 CITY OF LAKE ELSINORE INVESTMENT POLICY n 24 hOUTS and no interest is lost. All interest is distributed to those agencies participating on a i proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly., The State retains an amount for reasonable costs of making the investments, not to'exceed'one-qmirterofone percent of the earnings. California Government Code 916429.3 states, in part: ' "money placed with the State Treasurer for deposit' in the Local Ageticy' Investment Fund by cities, counties, or special districts shall not be subject to impoundriJ.entor seizUre by any state official or state agency." ' r Prohibited Investments Under the provisions of CGC 53601.6 and 53631.5, the City of Lake Elsinore shall not invest any funds covered by this, investment policy' in inverse floaters,' range notes, interest-only strips derived from mortgage pools, or any investment. that my result in a zero interest accrual if held to maturity. Investment of Bond Proceeds When investing proceeds from the issuance of bonds, the City of Lake Elsinore will 'follow this:Investment Policy when determining alIowable investments. Should the trust agreement of a particular bond issue be more or less restrictive than the' City's policy on permitted investments, then: the trust agreement'will take precedence. n 15) COLLATERAL REQUIREMENTS Collateral is required for investments in certificates of deposit, repurchase agreements, and reverse repurchase agreements. ,All certificates Of deposit must'be collateralized by U.S. Treasury Obligations. 'Collateral must be held by a third party trustee and valued on a monthly basis. In order to reduce market risk,' thecollateral level will be set at the maximum allowed by state and federal law., 16) DERIVATIVE INVESTMENTS Derivative investments have value "derived" from a benchmark or index. That benchmark can be almost, any financial measure from :interest rates to' 'conimodity and stock prices: Investing in any derivative-investment is prohibited. 17) LEGISLATIVE CHANGES Any State of California legislative action that further restricts allowable matuntIes, investment type or' percentage allocatiorts will be incorporated into the City of Lake Elsinore's investment policy and supers'ededany and all applicable language. n ,;: , 11 AG~NDA \lEM NO. PAOEJ1.- \0 OF z..., - CITY OF LAKE ELSINORE INVESTMENT POLICY 18) INTEREST ~ARNINGS u All moneys earned and collected from investments authorized in this policy shall be allocated quart~rly to various fund accolfnts based. on the cash balance.in each fund as a percentage of the entire pooled portfolio. 19) LIMITING MARKET VALUE EROSION The longer the maturity of securities, the greater their market price volatility. Therefore, it is the general policy of the City to limit the potential effects from erosion in market values by adhering to the following guidelines: All immediate and anticipated liquidity requirements will be addressed. prior to purchasing all investments. Maturity dates for long-term investments will coincide with significant cash flow requirements where possible, to assist with short-term cash requirements at maturity. All long-term securities will be purchased with the intent to hold all investments to maturity. under then prevailing economic conditions. However, economic or market conditions may change, making it the City's best interest to sell or trade a security prior to maturity. 20) PORTFOLIO MANAGEMENT ACTIVITY u The investment program shall seek to augment returns consistent with the intent of this policy, identified risk limitations, and prudent investment principals. These objectives will be achieved by use ofthe following strategy. Utilize the expert investment professionals of the State (Local Agency Investment Fund). 21) POLICY REVIEW The City of Lake Elsinore's investment policy shall be adopted by the City Council on an annual basis. This investment policy shall be reviewed .at least annually to insure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law and financial and economic trends. Any amendments to the policy shall be forwarded to the City Council for approval. The current policy of utilizing State Local Agency Investment Funds will continue to be the primary investment instrument of the City.. 22) GLOSSARY Because this policy is to be available to the public as well as the governing body, it is important that a glossary of related terminology be part of the policy. U 12. "'0 \0_ p.cENOP. {TEM.. '- '1 PAOE \~ Of '1 - CITY OF LAKE ELSINORE INVESTMENT POLICY o " .,- Agency: Federal agency securities and lor Government-sponsored enterprises. Bankers' Acceptance (BA): A draft or bill , or exchange accepted ,by a bank ,or ,trust company. . The : accepting' ins.titution , guarantees payment ofthe bill, as well as the, Issuer. ' ~ ,,' .,' -. Broker: Abroker brings buyers. and sellers together for a conimission. (\ r) , ,. California Local Government Debt:. ),s, bonds, notes, warrants, or other evidences of indebtedness of any local 'agency wIthin' California. California local government debt is a, pe!TIlit~ed investment ,under the, California ,Government Code. , The Government Code . does not ,specify minimum credit, ratings for~, local government debt in which local agenci~s may invest. The Authority does not inves.t . in these securities. " ,.", Certificate of Deposit' (CD): ,A' time deposit with a specific maturity. evidenced by a certificate. Large-denomination CD's are typically 'negotiable. ' " '. . , .... " Collateral: Securities, evidence of deposit T _ . i.' >," , .. of other property whicJ;t a borrower ple<;lges to secure repayment of a loan. Also refers to. ' securities pledg~d., by a b~. to secure" deposits of p\lbli" monies, n Comprehensive Annual Financial Report (CAFR): }'he official annual ~eport forthe City of Lake Elsinore.: It includes five, : 'combine statements for each individual fund -- and account group prepared in conformity with GAAP. .It also includes supporting schedules, necessary" to 'I, demonstrate: compliance with finance-related legal and Glossary , .' contractual .' provtsions, introductory material" and ,a Statistical ~ection; extensive detailed,: '".r Coupon:. (~)ThearulUal rate of,inter~st thatj a bond's 'issuer promises to ,pay, the, bondholder on the bond's face value, (b) A certificate attached, to a. bond evidencing '- interest due' on a payment date. ,DEALER:: ' A dealer, as opposed to a bro~er, acts as a:., principal in all transactions, buying 'and, . selling for his own account. Debenture:', A bond secured. only by the: general credit of the issuer, Delivery versus ,Payment: There are two': methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is, delivery 0(,- securities with an exchange of money for thei, securities. ' Delivery versus receipt is delivery of securities with an exchange of a, ' signed receipt fOr the securities. Derivatives: '(I) Financial, .instruments, whose return profile isJinked to, or derived fronI;, the: movement of one,' or more,' underlying index or security,:and may,. include a leveraging factor, or (2) financial contracts "based upon. notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities).' ' Discount: . The difference between the cost, price of ,a security and its maturity when ' quoted at lower than face value. A security , selling below original offering price shortly after, sale also is considered to be at a discount. :C' 13 , \0 AGENDA nE~ ~O'''- PAGE~OF 2:7 . CITY OF LAKE ELSINORE INVESlMENT POLICY Diversification: Dividing investment funds among a variety of securities offering independent returns. Federal'Credit Agencies: Agencies of the - Federal government set' up to'supply credit to various classes of institutions 'and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters: Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank , deposits, currently up to $100,000 per deposit. Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open~market operations. Federal Home Loan Banks (FHLB): Government sponsored wholesale banks, (currently 12 regional banks) which lend funds and provide correspondent banking services to member'commercial banks, thrift, institutions, credit unions and insurance companies:' The mission of the FHLBis to liquefy the housing related assets of' it's members who must purchase stock in their district Bank. ' , ,'" ,!.. Federal 'National 'Mortgage Association '. (FNMA): FNMA,like GNMA was' chartered 'under' the Federal National' Mortgage Association Act in1938.FNMA is a federal corporation working under the auspices' of the Departmimt of Housing and Urban Development (RUD); It is the largest single . provider of residential' mortgage funds in the United States. Fannie 'Mae; as the corporation" is called; is a private stockholder.owned corporation. The" corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's secuntJes are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. ' u Federal Open Market Committee (FOMC): ' Consists of seven'members of ' the Federal Reserve Board ,and five of the ',' twelve Federal Reserve and Presidents: The President of the New York FederarReserve Bank is a permanent member, while 'the other Presidents serve on a rotating basis. The Committee periodically meets to set' Federal Reserve guidelines" regarding purchases and sales of Govermnent Securities in the open market as a means of influencing the volume of bank credit and money. 'I Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven member Board of ' Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. u -",', Government National Mortgage Association (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks; savings and loan associations, and other institutions~ Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae' securities' are' backed by the FHA, VA 'orFmHA mortgages: The term "pass-throughs" is often used to describe Ginnie Maes. 'J .: Issuer: Any cOrPoraticlD, government unit' , or' financial institution which' borrows money through' the sale of securities. Liquidity: A liquid asset is one that can be ' converted easily: and rapidly into cash " ,1' j , u 14 \0 _ , ACENDA ItEM\:O.~ OF..zJ- PACE_"J, - CITY OF LAKE ELSINORE INVESTMENT POLlCV n withou(a substaritial loss of value:' In 'the' money market, a security is said to be liquid if the spread between bid aild asked prices is narrow and reasonable size can be done at those quotes. . , , Local Agency Investment'Fnnd (LAI}): A special fund in the State Treasury whiCh local agencies may use to dePosit tUnds for investment. All interest is distributed to . thc)se 'agencies 'participating on' a proportionate' share determined' by" the amounts deposited and the length of time they are deposited. Interest is paid quarterly , via direct deposit to theLAIF. accoUnt: The' State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one per cent of the earnings. ,', '..', (\, Local,. Government 'Investment Pool (LGIP): The aggregate' of all furids' from!. political subdivisions that are placed>in the " custody ,of the State Treasurer for investment and reinvestment. Market' Value:' "The price at which a security is trading and could presumably be purchased or sold. ' Master Repurchase Agreement: 'A written contract coveririg, all future, transactions" between the, parties to repurchase - reverse repurchaseagi-eements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to . liquidate the underlying securities in the; event of default by the seller-borrower. Maturity: The date 'upon', which the principal or stated value of an investment becomes due and payable:' .~ f,_ [\ Member: Refers to a goverrunent:H entity which is a signatory'tei the Joint Powers' Agreement establishing the 'California Joint Powers Insurance Authority. ' Money Market: The market III which,. short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) .ire issued and traded. , ' " Mutual ,Funds: 'Referred, to III the' Goverrunent Coile, Section 53601 (k) as: '''shares of beneficial interest issued -byi diversified' mamigement companies." ,The Mullial Fund must be restricted by its by-: ' laws to the same investments as the local agency by, the Goverrunent Code. These investments, are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers, Acceptances, Commercial' , Paper,: Certificates '0 of Deposit, Negotiable: Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, and Medium Term Cotporate' Notes." The qualitytating and percentage: restrictions 'in each investment category'" applicable to the local agency also apply to: ' the Mutual Fund. :~. " Negotiable: ' Term"used to designate' a" security, the tit1i~ to which is transferable by; delivery", . , ' Offer: The price asked by a seller' of securities. (When you are buying securities,! you ask for an offer).' See Asked and Bid. Open Market, Operations: . Purchases and sales of goveinment and certain other:' securities in 'the open market by the New: York Federal Reserve Bank ,as directed by' the FOMCin order to intluence'thevolume' of 'money and 'credit. in the economy;' , Purchases 'inject ;reserves ,into the bank \ system and stimulate growth of money and credit; sales have the'opposite effect. Open market operations' are the Federal Reserve's 15 \0 ACENOA nEtA tlO.~ " ,,"1 - PACE.tit _OfJ,..J-= CiTY OF LAKE ELSINORE INVESTMENT POLICY most important and most flexible monetary policy tool. Portfolio:' Collection of securities held by . an investor. . Primary Dealer: . A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers. . included Securities and Exchange, Commission (SEe) - registered securities broker-dealers, banks, and a few umegulated firms. . Principal: Describes the original cost of a security, It represents .the amount of capital or money which the investor pays for the investment. . Prudent Person Rule: An investment standard, In some states the law requires thata fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state - the so-called legal list. In other states the trustee may invest in a security if it is .one which would be bought by a' prudent person of discretion and. intelligence who is seeking a reasonable. income and preservation of capital. Qualified Public Depositories: A financial institution which does not claim exemption . from the payment of any sales or compensating use orad valorem taxes under the laws of this stat~, which has segregated for the benefit of the commission eligible collateral having a value of not less than its. maximum liability and which has been approved by the Public Deposit Protection I Commission to hold public deposits. Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. u Repurchase Agreement (RP or Repo): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms 0 f the agreement are structured to compensate him for this... Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, that is, increasing bank services. Safekeeping: A service to customers. rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. . Secondary Market: A market made for the purchase and sale of outstanding issues following .the initial distribution. u Securities & Exchange Commission: Agency created by Congress to protect investors in securities transactions by administering securities legi,slation. . SEC Rule 15C3-1: Capital Rule.. See. Uniform Net ., Structured Notes: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA;. etc.) and Corporations which have imbedded options (e.g., call features" step-up coupons, floating rate coupons, derivative-based returns) into their. debt structure. Their market performance,is . impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve. u 16 \0 AGENDA ITEM NO. PAGE.....LL-Of 1., n n n CITY OF LAKE ELSINORE INVESTMENT POLICY Treasury Bills: A non-interest, bearing discount security issued by the u.s. Treasury to finance the national debt. Most, bills are issued to mature in three months, six months, or one year. Treasury Notes: Medium-term 'coupon_, bearing U.S. Treasury se<;urities;issued as direCt obligations of the U.s. Government and having initial maturities from two to ten years. Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmemberbroker- dealers in securities maintain a maximum', ratio of indebtedness to liquid capital of 15 to I; also called net 'capital rule and net capital riltio. Indebtedness covers all money ~ ': ,'f "! j, " ':f . ~ 1 :. ' ! ' . ,'" 1.\' , owed to a firm, including margin loans and commitments to purchase securities, one,' reason new'public issues are spread among member of underwriting syndicates. Liquid capital includes cash and assets easily, converted into cash. , , \ ',Yield: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price, for the security. (b) ,Net Yield or Yield to Maturity is the current income 'yield,minus any premium above par or plus any discount from par in purchase price, with. the adjustment spread ,over the period from the date of purchase to the date of maturity ofthe bond. 'i. " , : ~ ,.r ~ ~ i , ' ,f IT AGENDA ITEM NO. \ 0 ' PAGE Ig' , Of t.1 , CITY OF LAKE ELSINORE u INVESTMENT PROCEDURES, GUIDELINES AND STRATEGY I. PROCEDURES AND GUIDELINES - Procedures and gUidelines are established to direct and, control activities in such a manner that previously established goals are achieved and policies are followed. I. Investment Selection. Every investment transaction must be authorized by City Council and reviewed by the Director of Administrative Services. The Director of Administrative' Services reviews how much ofthe cash balance is available for investment as determined by the Finance Manager and selects the area of the yield curve that most closely matches the required maturity date. , A review of some of the flowing sources should be made to determine whether the investments should be placed to match projected expenditures or shorter, or to ' take advantage of current and expected interest rate environments: a) b) c) d) e) Wall Street Journal or similar daily business publication. Input from approved broker/dealers. Input from depository banks. ' Publications on general trends of economic statistics. Input from data services (Telerate, Bloomberg, Reuters, etc.) u 2. Pooled Cash. Whenever practical, local agency cash is consolidated into one bank account and invested on a pooled concept basis. Interest earnings are allocated quarterly according to month-end cash and investment balances for each fund. 3. Competitive Bids. Purchase and sales of securities are made on the basis of competitive offers and bids when practical. 4. Cash Forecast. The cash flow for the City is analyzed with the receipt of revenues and maturity of investments scheduled so that adequate cash will be available to meet disbursement requirements. 5. LiQuiditv. The marketability of a security is considered at the time of purchase, as the security may have to be sold at a later date to meet unanticipated cash demands. 6. Diversification. The portfolio should consist of a mix of various types of securities, issuers, and maturities. u 18 AGENDA ITEM NO. ' \ 0 PAOE~OF 2."7 n (\ n ,. " r:' ':', , .. INVESTMENT'PROCEDURES, GUIDELINES AND STRATEGY (Continued) 7. Purchasing an Investment : :: :: ( ! ~. '. ' < . j ~ ' , r, Establish with whom the City of Lake Elsinore is going'to transact business. This should be accomplished through the usecof a questionnaire, whichihelps provide the following evaluation: _,' ':.; ; " a) Financial condition, strength and capability to fulfill commitments. b) Overall reputation with other dealers and investors:" ,. . c) Regulatory status ofthe broker/dealer (providers). 'd)" - Background and expertise Of the individual representative. ' ,. .' I ,~" ; (e ',_. .r-';'): t-u ""'; The following must be" determined prior to co'ntactingth~providers: '. ~ ,. ,. " a) Settlement~ cash, regular (next:day),'corPorate (3.business days) or when- issued'of a new issue. Amount - either par value or total dollars-to beinvest~d. Type of security to be purchased, or type to be excluded. Targeted maturity, or maturity railge. ' ,:: " ;': Time limit to show offering - Sininutes, 15 minutes, etc. b) c) d) e) . ~,-. , Before concluding the transaction, the Director of Administrative Services should validate the following:'""" ' . a) The security selected for purchase meets all criteria, including portfolio diversification, : collateralization' (if appropriate) and maturity. If the security has any imbedded options such as calL provisions or coupon adjustments, these should also be reviewed. " ' Yield calculations should be'verified; Total purchase cost (including accrued interest) does not exceed funds. available for investment: '-, Advise the successful provider that 'their offering: has been selected for: purchase. After confirmation of 'the' purchase,-as 'a courtesy,' notify the 'other broker/dealerstnatyouhave'phiced,the ,investment. 'Best price may be disclosed, if you choose. . b) c) d) e) , After consummation .of the transaction; and prior ,to settlement date, the Director of Administrative Services' arid' 'the provider should' exchange' and review, the following information to ensure prompt, and uninterrupted settlement: a) Name of third-party safekeeping agent. 19" AGENDA ITEM NO. PAGE ;)() \0 OF ?~7 Jr , " INVESTMENT PROCEI>URES, GUIDELINES AND STRATEGY (Continued) b) c) d) ',', e) t) 'ABA number of safekeeping agent. Safekeeping account number. Reconfirm amount oftransaction, Reconfirm settlement date. Acquire CUSIP number of security, if applicable. ' , ' c ',. I I' " ,." , ,C,'" It:. \ " , 8. Evaluate Certificates ofDeoosit " 'I, a) Certificates of Deposit shall be evaluated ,in terms of FDIC coverage, For deposits in excess of the insured maximum of $100,000, approved collateral at fuII market value shall be required, ,,(California Government Code Section 53652 and/or 5365 I (m) and 5365L2(a)(1). ' ' b) Negotiable Certificates of Deposit shall be evaluated in terms of th,e credit worthiness of the issuer, as these deposits are uninsured and uncollateralized , promissory notes. , '1" . 9. Settlement & Follow-through The Director of Administrative Services should forward to the safekeeping agent " a report of the investment transaction. The report may be verbal, but a written form should be sent and acknowledged. When applicable, the following should be verified: .I:' "! , , a) 'r I ,.' b) c) d) Provision of receipt of disbursement of funds. Internal transfer or wiring of funds. ' Validation of written "safekeeping receipt" Notification of discrepancy" prior to acceptance or rejection of the transaction. Immediate notification if a fail has occurred: .by ,provider if they are responsible, by safekeeping agent if they are responsible. e) , 10.' Safekeeoing: All transactions will be handled on a Delivery Verses Payment '(DVP) using a third party safekeeping custodian. 11. Reourchase agreements. wire transfer agreements. banking service contracts and , collateralldeoositorv agreements: All investing agreements will be reviewed by the City Attorney" managed 'by, the Director of Administrative Services, and executed by the City Manager. u ul I u 20 AGENDA ItEM NO. \ 0 p,a2\-OFn- (\. (\ n Crty OF LAKE ELSINORE INVESTMENT PROCEDURES,:GUIDELINES AND STRATEGY (Continued) n. STRATEGY - Strategy refers adyantageous manner. '" to the ability to manage financial resources in the most~ ; .~ -~: 1. Economic Forecasts. Economic Forecasts are 'obtained periodically'from:" economists and fmancial experts through bankers and brokers to assist the Director of Administrative' Services' 'with the formulation of an investment strategy for the local agency. ' 1 2. hnolementing Investment Strategy. Investment transactions are 'executed which conform with anticipated interest rate trends and the current investment strategy plan. ' .<,',~ 3. Preserve Portfolio Value. Field standards are developed'in order to maintain , earnings near the market and to preserve the value of the portfolio. 'i:', J :'t' '0'. ')'1 , ;~.' :-; . '1 J ',', .. .1," :';' " .1' ." .. , ", :' ,.1-, 21 ., AGENDA ITEM NO. PAGE .1--z, , \0 OF ..:z::1.- CITY OF LAKE ELSINORE. INVESTMENT PROCEDURES INTERNAL CONTROL.- GUIDELINES OBJECTIVES OF INTERNAL CONTROL. . Internal control is the plan of organization and all the related systems established by the maI)agement's objectiveof en~uring, as far as practicable: .' - . The orderly and efficient conduct. of its. business, including adherence to management policies. . . The safeguarding of assets. '. 1 . The prevention or detection of errors and fraud. . The accuracy and completeness of the accounting records. . . The timely preparation of reliable financial information. LIMITATIONS OF INTERNAL CONTROL No internal control system, however elaborate, can by itself guarantee the achievement of management's objectives. Internal control can provide only reasonable assurance that the objectives are met, because of its inherent limitations, including: . Management's usual requirement that a control be cost-effective. . The direction of most controls at recurring, rather than unusual, types of transactions. . Human error due to misunderstanding, carelessness, fatigue, or distraction. . Potential for collusion that circumvents controls dependent on the segregation of functions. . Potential for a person responsible for exercising control abusing that responsibility; a responsible staff member could be in a position to override controls which management has set up. 22 " ACENDA ITEM NO. PAGE 'l. ~ u u u \0 OF '1.'7 n n n CITY OF LAKE ELSINORE ' INVESTMENT PROCEDURES INTERNAL CONTROL - GUIDELINES (Continued) ELEMENTS OF INTERNAL CONTROL Elements of a system of internal control are the means by which an organization can satisfY the objectives of internal control: These elements are: . ' 1. ORGANIZATION Specific responsibility for the performance of duties should be assigned and lines of authority and reporting clearly identified and understood. · 2. PERSONNEL Personnel should have capabilities commensurate with their responsibilities. Personnel selection and training policies together with the quality and quantity of supervision are thus important. 3. SEGREGATION OF FUNCTIONS Segregation of incompatible functions reduces the risk that a person is inca position both to , perpetrate and conceal errors or fraud in the normal course of duty. If two parts of a transaction are handled by different people, collusion is necessaly to conceal errors or fraud. In particular, the functions that should be considered when evaluating segregation of functions are authorization, 'execution, 'recording, custody of assets, and performing reconciliations. " 4. AUTHORIZATION All transactions should be' authorized by an, appropriate responsible individual. The , responsibilities and limits of authorization ,should be clearly delineated, .. The indiVidual or" group authorizing a specific transaction or granting general authority for transactions should be .in a position commensurate with the nature and significance of the transactions. Delegation of authority t~ ailthorizetransactions should be handled very carefully. ' . , ,'.I 5. CONTROLS OVER AN ACCOUNTING SYSTEM Controls over an accounting system include the procedures, both manual and computerized, carried out independently to ascertain that transactions are complete, valid, authorized, and, properly recorded. 23 \0 ACENDA ITEM NO. PAGE..1H.-OF' 2"7 CITY OF LAKE ELSINORE CASH CONTROLS PROCEDURES PERFORMED BY EXTERNAL AUDITORS WITH RESPECT TO CASH RECEIPTS A. City procedures and controls are reviewed. Some of the system strengths are: I. Receipts are controlled upon receipt by proper registration devices. , 2. Receipts are reconciled on a daily basis. 3. Amounts are deposited intact. ' 4. Bank reconciliations are reviewed. 5. ' Prompt posting of cash receipt ~ntri~s in books. 6. Proper approval required for write-offs of customer accounts. 7. , Checks are, restrictively endorsed upon receipt or wilen run through cash register. 8. Adequate physical security over cash. j . " ~. I , 19 Individualsthat handle cash, do not post to .customer account records or process billing statements. 10. Adequate supervision of Finance Department operations. B. Significant revenues are confirmed directly with payer,and compared with City books to make sure amounts are recorded,properly. ,~, . . -i C. Cash balances are. substantiated by confirming all account balances re<;orded in books. Bank reconciliations are reviewed for propriety and recalculated by the auditor. All significant reconciling items on bank reconciliations are, verified as valid reconcilingiitems by proving tOfillbsequent bank statements. 24 AGENDA ITEM NO. PAl:lE ~ u r u u \0 OF 21 ("\ CITY OF LAKE ELSINORE SEGREGATION OF RESPONSIBILITIES OF THE TREASURY FUNCTIONS ( Function Responsibility 1. Formal Investment Policy should be: * Prepared By: Director of Administrative Services * Approved By: City Council 2. Investment Plan with specific City Council investments in mind 3. Investment Transactions for Director of Administrative Services execution of Investment Plan should be approved by 4. Execution of investment Finance Manager ("\ transactions 5. Timely recording of investment Finance Manger (but reviewed by transactions: Director) Recording of investment transactions Finance Manger (but reviewed by in the City's records Director) Recording of investment Account Specialist' transactions in the accounting records 6. Verification of investment, Director of Administrative Services i.e., match broker confirma- tion to City's records 7. Safeguarding of Assets and Records: Reconciliation of City's Finance Manger records to the accounting records Reconciliation of City's Finance Manager (but reviewed by (\ records to bank statements and Director) safekeeping records 25 ACiENDA ITEM MO. PAGE -2.(P \0 OF '2{ - - CITY OF LAKE ELSINORE SEGREGATION OF RESPONSIBILITIES OF THE TREASURY FUNCTIONS (Continued) Function 8. Safeguarding of Assets and Records (continued): . Annual review of (a) financial. institution's financial condition, (b) safety, liquidity, and potential yields of investment inslnnnents. 9. No less than an annual. review of investment portfolio as prepared by Director of Administrative Services 26 ~ u Responsibility Director of Administrative Services Independent Auditors u u \0 AGENDA ItEM NO.~ ~..zL-OF 2../ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL I I '[ TO: MAYOR AND CITY COUNCIL " , 'I I 'I , 1 FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUNE 28, 2005 SUBJECT: FISCAL YEAR END BUDGET ADJUSTMENTS 'i , .' BACKGROUND rl It is the City's practice to adjust both revenue and expenditure budgets at year end as a clean up measure. :! , i DISCUSSION () , , , i 11 , The attached reports reflect revenue and expenditures as of June 22, 2005. The proposed budget adjustments anticipate activity through the end of the year. Staff is proposing an increase of General Fund budgeted revenue of $403,000 and a net budgeted decrease to expenditures of$162,000. i :1 There are three main areas requiring expenditure increases. First, the City . Clerks/Human Resources Department requires an increase of $43,000 due an unexpected increase in recruiting costs and for the liquidation of vested accrued leave balances when the Director of Ruman Resources/City Clerk left the City. Secondly, non departmental requires an increase of$IIO,OOO to cover the unanticipated rise in the interest rate on the variable rate bonds. Lastly, the Community Development Department requires a net increase of $485,000 to cover the significant increase in contracted engineering plan check services. These engineering services are cost recovery and the revenue is reflected in the revenue' budget. II '. i The three departmental increases mentioned above are offset by an $800,000 decreases in the Fire Department's buoget. The Fire Department budget is decrease since the Canyon RiIls fire station wiIl open later than expected. Other savings wiIl be realized at year end since all other departments wiIl finish under budget. No adjustments are proposed for other departments. n ACENDA ITEM NI.i.~ \ PACE / OF 1" . u u u <,I' 1. n . ,,~ . 'REPORT TO CITY COUNCIL JUNE 28,,2005 PAGE 2 " FISCAL IMPACT '~" .'; " The proposed year-end budget adjustments result in a net increase in unrestricted' fund balance of$565,000. 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I , I I I' u 00 ffi 0:\ g w ~ Z ~ ~ ~I~i~ ~i~ < g: i3 ~ iii'1'iil [jj 00 ~ 0: Ill: Ill: 0:10: 0:'0: lL UJ wE.g c:: a::IW ~ ~ ~I~i~ ~;I~ o a::: > gl~ a:: ~\o:: (/) (/) (/) (/)IUJ[UJ (/) i !w ~ 8 ~n ;:; :J: :J: :J: ~ ~1:J: :J:I~ I <( LLW~-'IQ)~W...Ja::a:: c::a::a::C::C::1 (/) <( a::: uo 0 a::: a.. ~I"" ~ ....It-It-,t- ~ 0 M 0 N U') 0 0 01010 0 0'10'1'010 1~ ;oooooooooo~~oo~ o 00000..... M 01010 ollOlMlo> M u. (,) '<t LO c.o <0 c.o c.o c.o,... .....:N MIM "",,,,,:o>J...J u 00= ffi of~- 0 '-I'--I'-rl'-I";'- 1< oc( ~ ~ ~ ~ ~ ~ ~ ~ ~I~ M ~'~I~IM ~ ~ -- III iIljW W W W W W WjWIWlUJ1W tIi~illl~ I~~~ ~~~~~~'~~!~I~I~,~~W ~ '" ~ ~I~l~l~ ~1~1J!~ ~l~I~!~!~~J~ 5 '01'101010[6101101010 ailoloio:c'lo:o tb LL ~ ~,;? ~]~'~I~I~ ~ ~I;?'~I~ ~:~ I~ AGEN~ ~O.. u u . .. 0) .. a. u \ ) OF <j} ~ CITY OF'LAKE ELSINORE Budget ReporV' Eleven Months~and:22 Days Ending June'22, 2005 ^;" " , C )," , , End of Year , l"" Proposed F:u , Divi Unencumb. %Expl ' " Budget rid Dept. sian Type .(:(, Budget Actual! Encumb. Balance Encum. " Adiustments PERSONNEL SERVICES Total " - " ~ 19,181.67 .... .. ~.~ (19,181,67) , ,,100% ' CONTRACTUAL SERVICES Total' "i ,:..; " . 366,531.75 6,346.71 (372,878.46) 100%: MATERIALS & SUPPLIES Total.. ' " 3,906:23 , ..(3,906:23) - .,100%., , " o,t' CAPITAL OUlL YAY Total , d . 470,000 , , 470,000.00 .0% ':Ii , , .. OOOO,NON.DEPARTMENTAL Total 470,000 389,619.65 6,346.71 74,033.64 h84% I CONTRACTUAL SERVICES Total " 261,000 321,898.49 -.':"! (60,898.49) , 123% I FIXED CHGS,INTST,DEBT,RDM Total " 569,000 728,135.76 " : (159,135.76 128% ' , 4990-L1TIGATION SETTLEMENTS Total 830,000 1,050,034.25 . , (220,034.25) ..127% ' , 'I 110,000 ITRANSFERS OUT Total' 1,135,000 1,086,850.00 . " ': 48,150.00 . :;96% , 4999-TRANSFERS Total', ,.., -', 1,135,000 1,086,850.00 '. " 48,150.00 :96% : NON.DEPARTMENTAL Total ," ',:. 2.435,000 2,526,503.90 6,346.71 ,(97,850.61) :104% , PERSONNEL SERVICES Total 57,400 . 64,531.29 . 2,868.71' 95% : CONTRACTUAL SERVICES Total ..195,361 ' 164,516.71 , 10,844.29 . 94% ~, 1",7,..!: . MATERIALS & SUPPLIES Total , ,,3,000 : ,2,856.57 . , 143.43 95%, ' , 4110-CITY COUNCIL Total ',255,761 241,904.57 . 13:856.43 '95%', I CONTRACTUAL SERVICES Total 20,000 ' 342,09 , 19,657.91 ,'2% . I MATERIALS & SUPPLIES Total . ,':' 431:00 . ' (431.00) 100% : ~; 4112-PUB.SFTY,ADV,COMMITTEE Total , 20,000 . 773.09 . 19,226.91 ' 4%~j CITY COUNCIL Total , ' 275,761 ,242,677.66 ;. . 33,083.34 _.'88% ' , PERSONNEL SERVICES Total 23,500 ' 12,537.88 ." 10,962.12 ,,'53% , CONTRACTUAL SERVICES Total 6,300 " ,1;468.04 . 4,831,96 \~'23%, MATERIALS & SUPPLIES Total . ., , 86.20 , i," ' (86.20) 100%: .;) " 4118-CITY TREASURER Total 29,800 14,092.12 , " .15,707.88 ,47%'-' , CITY TREASURER Total '29,800 14;092.12 . .. ' 15,707.88 , 47%.,: I I CONTRACTUAL SERVICES Total 400,000 317,727.87 , .82,272.13, 79%" -( '\ 14116-CITY ATTORNEY Total '400,000 317:727.87 , , ,82,272.13 . 79%_~' .. : ;~. .TY ATTORNEY Total 400,000 317,727.87 . 82,272.13 ',79% " ~ , .- PERSONNEL SERVICES Total ,,647,000 688,789.52 . , (41,789.52) ,- .106%' CONTRACTUAL SERVICES Total 94,200 33;792.74 .',", ~ ; 60,407.26 '36% , MATERIALS & SUPPLIES Total 9,000 3,043.80 . 5,956.20 .34% CAPITAL OUlL YAY,Total . , .. ," 2,000 . , 2,000.00 0% .. , ... 4120.CITY MANAGER Total ' :752,200 725,626.06 " 26,573.94 96%' l' -'i' ".',,'. /CONTRACTUAL SERVICES Total . '. 1;107.79 . (1,107.79 100% . , 4350-G.I.S. SYSTEM Total " , '1,107.79 . (1,107.79) 100% " PERSONNEL SERVICES Total 255,200 212;644.61 , .. 42,555.39 83% CONTRACTUAL SERVICES Total i 226,479 195,977.49 20,766.17 9,735.34 96% , MATERIALS & SUPPLIES Total ,.53,900 55,089.34 , " (1,189.34 .102% CAPITAL OUTL Y AY Total ,16,000 12,467.51 . 3,532.49 78%-. '. ". ~l' 4351-INFORMATION SYSTEMS Total ' 551,579, 476,178.95 20,766.17 54,633.88 90%;' , CITY MANAGER Total ' . 1,303,779 1,202,912.80 20,766.17 80;100.03 94% , PERSONNEL SERVICES Total .263,100 286,233:23 (23,133.23) "109% 33,000 CONTRACTUAL SERVICES Total '44,000 48,971.07 ',' , '(4,971.07 111% .. , 8,000 ':. MATERIALS & SUPPLIES Total ,7,200 .. 8,942.70 . '(1,742.70) 124% 2,000 4117-CITY CLERK Total " : 314,300' 344,147.00 . (29,647.00 109% ' CITY CLERK f HUMAN RESOURCES Total " ': 314,300 344,147.00 . (29,647.00) 109% PERSONNEL SERVICES Total '. ' , .603,200 556,749.02 ., 46,450.98 ,92%',' . 'I CONTRACTUAL SERVICES Total 125:785 79,872.81 15,295.00 30,617.19 76% MATERIALS & SUPPLIES Total 4,000 8,661.98 . ". . (4,661.98) 217% 4131.FINANCE DEPARTMENT Total , 732,985 645,283.81 15,295.00 72,406.19 90%, , I CONTRACTUAL SERVICES Total 310,100 314,473.53 " .. . (4,373.53) 101%" , 4133-RISK MANAGEMENT Total 310,100 314,473.53 (4,373.53) 101% AOMINISTRATIVE SERVICES DEPARTMENT Total 1 ;043,085 959,757:34 15,295:00' . , 68,032.66 '93%' " CONTRACTUAL SERVICES Total 5,602,847 4.852,674.16 .750,172.84 - 87%' MATERIALS & SUPPLIES Total 10,000 7,540.50 , 2,459,50 -75% ,. CAPITAL OUlL YAY Total '. . 3,293.36 -'.,., (3,293.36 '100% '4211-GENERAL LAW ENFORCEMENT Total 5,612,847 I 4,863,508.02 , 749,338.98 87%' T ,NERAL LAW ENFORCEMENT DEPARTMENT Total 5,612,647 I 4,863,508.02 . 749,338.98 -87% 1 CONTRACTUAL SERVICES Total '2,306,496'1 1,054,532.52 , ; 1,251,963.48 :.46%;., "', 1800,000 'l Page.1 of.3 ,>': . ACENDA ITEM NO. PAOE_ 0 II '6 OF CITY OF LAKE ELSINORE BUdget Report. Eleven Months and 22 Days Ending June 22, 2005 ,. ", . - 7 "":'1 End Of:~ . Propose Fu Dlv! .C,"', Unencumb. %Expl - Budget nd ' Dept. . sian ,'Type '-,' Budget Actual' Encumb. ' Balance Encum. Adiustments MATERIALS & SUPPLIES Total - 1 ,393.03 - (1;393.03) 100% CAPITAL OUlL YAY Total ( ." , , 350,000 131,683.00 218,317.00 " - 100% 4221-FIRE SERVICES Total ,2,656,496 1,187,608.55 218,317.00 1,250,570.45 53% . FIRE DEPARTMENT Total 2,656,496 1,187,608.55 218,317.00 ,1,250,570.45 53% PERSONNEL SERVICES Total ' , 9,900 5,056.62 - , 4,843.38 '51% CONTRACTUAL SERVICES Total '2,572 -.5,052,81 , - . (2,480.81 196% MATERIALS & SUPPLIES Total 500 845.42 . - (345.42) : 169%' 4111-PLANNING COMMISSION Total '12,972 10,954.85 - 2,017.15 84% PERSONNEL SERVICES Total , 682,800 534,155.25 - . 148,644.75 78% CONTRACTUAL SERVICES Total 400,400 377,830.20 38,305,94 (15,736.14) 104% MATERIALS & SUPPLIES Total .... 9,000 ' 6,891.42 - 2,108.58 77% - , CAPITAL OUlL YAY Total 1,250 '- -'. . 1,250,00 0% 4310-PLANNING & ZONIING Total '1,093,450 918,876.87 38,305.94 136,267.19 88% PERSONNEL SERVICES Total 608,500 565,185.00 - . .43,315.00 93% CONTRACTUAL SERVICES Total , 287,000 282,730.06 - , 4,269.94 99% MATERIALS & SUPPLIES Total . 7,200 8,294.82 .. (1',094.82 115% 4320-BUILDING & SAFETY Total 902,700 856,209.88 - . 46,490.12 '95% , PERSONNEL SERVICES Total 89,300 49,599.75 . - .. 39,700.25 " 56% CONTRACTUAL SERVICES Total '23,500 3,804.00 - 19,696.00 16% MATERIALS & SUPPLIES Total , 7,500 556.03 ,.. -, 6,943.97 7% . CAPITAL OUlL YAY Total A,OOO - " .. .4,000.00 0% 4325.RENTAL HOUSING INSPECTION Total 124,300 53,959.78 70,340.22 43% PERSONNEL SERVICES Total 250,100 198,531.16 - . '.51,568.84 79% CONTRACTUAL SERVICES Total " 42,900 66,377.81 - (23,477.81 .155% MATERIALS & SUPPLIES Total 3,000 3,535.10 - ,1,-' (535.10) 118% 4330-cODE ENFORCEMENT Total . 296,000 268,444.07 - 27,555,93 91% ( PERSONNEL SERVICES Total 386,900 281,380.71 - 105,519.29 73% \ CONTRACTUAL SERVICES Total 668,450 1,165,912.22 67,068.29 (584,530.51 184% 485,000 MATERIALS & SUPPLIES Total 5,000 3,822.08 - 1,177.92 76% CAPITAL OUlL YAY Tolal 3;500 ' 2,213.83 - 1,286.17 63% 4412.ENGINEERING Total 1,063,850 1,453,328.84 67,068.29 (456,547,13) .143% COMMUNITY DEVELOPMENT DEPARTMENT Total ,3,493,272 3,561,774.29 105,374.23 (173,876.52) 105% . , I MATERIALS & SUPPLIES Total 2,000 394.60 - 1,605.40 20% , 4123-EMERGENCY SERVICES Total 2,000 394.60 - 1,605.40 20% ! PERSONNEL SERVICES Total . . 245,800 216,631.30 - 29,168.70 .88% CONTRACTUAL SERVICES Total . " ,70,250 36,297.31 - 33,952.69 52% , MATERIALS & SUPPLIES Total 7,200 ,12;168.82 - .' (4,968.82) 169% , 4340-WEED ABATEMENT Total 323,250 265,097.43 - 58,152.57 82% ' , PERSONNEL SERVICES Total 215,100 208,281.01 - '6,818.99 97% CONTRACTUAL SERVICES Total' 3,230 . . 914.08 - 2,315.92 28% MATERIALS & SUPPLIES Total 3,800 . 2,281.84 - 1,518.16 60% 4413-PUBLlC WORKS ADMNSTRTN, Total . 222,130 211 :476.93 - '10,653.07 95% , . PERSONNEL SERVICES Total . '383,100 306,445.64 - . 76,654.36 80% i CONTRACTUAL SERVICES Total 1,050,878 1,026,686.92 28,176.00 (3,984.92) 100% . MATERIALS & SUPPLIES Total 40,100 89,774.16 4,770.31 (54,444.47) 236% 4421-5TREET & SIDEWALK MAINT, Total 1,474,078 1,422,906.72 32,946,31 18,224.97 99% , PERSONNEL SERVICES Total . 61,100 63,094.35 - (1,994,35) 103% CONTRACTUAL SERVICES Total ,. 5,500 ,1;215.00 - 4,285.00 . .22% MATERIALS & SUPPLIES Total 13,000 7,033.35 - 5,966.65 54% 4422-GRAFITTI MAINTENANCE Total 79,600 71,342.70 , - 8,257.30 I 90% PERSONNEL SERVICES Tolal '67,700 62,801.71 - 4,898.29 93% CONTRACTUAL SERVICES Total . 523,145 447,021.07 4;982.00 71;141.93 86% , MATERIALS & SUPPLIES Total 47,300 18,369.54 - 28,930.46 39% 4433-PARKS MAINTENANCE Total 638,145 528,192.32 4,982.00 104,970.68 84% PERSONNEL SERVICES Total . 96,400 128,586.08 - (32,186.08) 133% CONTRACTUAL SERVICES Tolal .5,500 '1,327.42 - 4,172.58 24% U MATERIALS & SUPPLIES Total ,', 7,000. 982.78 - ' 6,017.22. 14% - CAPITAL OUlL Y AY Total 18;100 4,997.26 - 13,102.74 28% Page'2of3.'-' AGENDA ITEM NO. PACE 7 II OF 8 CITY OF LAKE ELSINORE Budget Reporl Eleven Months and 22 Days Ending June 22. 2005 r1 End of Year , .. . Prol?osed . . Fu Oivi , Unencumb. %Expl Budget nd Dept. sion Type Budget Actual Encumb. Balance Encum. Adiustments 4434-PARKS & OPEN SPACE ADMIN. Total .127,000 135,893.54 . - 18,893.54) 107% PERSONNEL SERVICES Total 123,000 . 188,481.82 - 65,481.82 153% . CONTRACTUAL SERVICES Total 289,575 229,401.45 37,855.00 22,318.55 92% MATERIALS & SUPPLIES Total 17,000 . 22,616.41 . (5,616.41 133%. CAPITAL OUTL YAY Total . 95,400 74,798.48 11,651.42 8,950.10 91% ' 4441-PUB.WKS.FACILlTY MAINT. Total 524,975 515,298.16 49,506.42 (39,829.58) 108% . PERSONNEL SERVICES Total 116,400 98,883.81 - 17,516.19 85% . CONTRACTUAL SERVICES Total 201,400 182,506.76 14,255.88 4,637.36 98% MATERIALS & SUPPLIES Total 31,000 42,029.14 - (11,029.14) 136% CAPITAL OUTL YAY Total 107,200 84,939.00 22,178.72 82.28 100% 4451-VEHICLE & EQUIP. MAINT. Total 456,000 408,358.71 36,434.60 11,206.69 98% PERSONNEL SERVICES Total . . 423,700 387,114.86 . 36,585.14 91% CONTRACTUAL SERVICES Total .. . . 69,000 10,045.95 - 58,954.05 15% MATERIALS & SUPPLIES Total 5,700 2,592.84 - . . 3,107.16 45% 4510-ADMINISTRATION Total 498,400 399,753.65 . 98,546.35 80% PERSONNEL SERVICES Total 154,700 121,319.21 . . 33,380.79 78% CONTRACTUAL SERVICES Total 76,957 110,870.52 . (33,913.52) 144% MATERIALS & SUPPLIES Total 2,600 3,124.88 . (524.88) 120% 4520-COMMUN'TY CENTER Total 234,257 235,314.61 - (1,057.61 100% PERSONNEL SERVICES Total 97,100 71,554.94 . 25,545.06 74% CONTRACTUAL SERVICES Total . - , 31,800 36,403.67 j,-- (4,603.67) 114% MATERIALS & SUPPLIES Total 3,500 3,759.12 - (259.12) 107% 4530-SENIOR CENTER Total 132,400 111,717.73 - 20,682.27 84% PERSONNEL SERVICES Total 48,000 4,861.43 . - 43,138.57. '10% CONTRACTUAL SERVICES Total 32,000 14,436.47 - . 17,563.53 45% -(', MATERIALS & SUPPLIES Total . . 21.500 , 5,744.05 6,495.00 . 9.260.95 57% , 4541-ENVIRONMENTAL SERVICES Total . '101.500. 25,041.95 6,495.00 69,963.05 31%- ~ I CONTRACTUAL SERVICES Total 170,000 90.000.00 80,000.00 53% - 4550-ANIMAL CONTROL Total 170,000 90,000.00 - 80,000.00 53% PERSONNEL SERVICES Total 161,600 146,799.52 - 14.800.48 91% CONTRACTUAL SERVICES Total 522,700 398.826.00 987.13 122,886.87 76% MATERIALS & SUPPLIES Total 61,000 63,413.71 - (2,413.71) 104%. CAPITAL OUTL YAY Total 59,831 44.728.05 . 15,102.95 75% . 4580-STADIUM-AMPHITHEATER Total 805,131 653.767.28 987.13 150.376.59 81% COMMUNITY SERVICES DEPARTMENT Total. . 5,788,866 5,074.556.33 131,351.46 ' 582,958.21 90% PERSONNEL SERVICES Total 383,800 357.182.94 - 26.617.06 93% CONTRACTUAL SERVICES Total , 529,473 419,068.48 29,850.99 .. 80.553.53 85% MATERIALS & SUPPLIES Total 35.800 66,727.99 - (30.927.99) 186% . CAPITAL OUTL YAY Total 15,000 - 14.999.88 0.12 100% 4500-LAKE ADMINISTRATION Total 964.073 842,979.41 44.850.87 76.242.72 92% ' PERSONNEL SERVICES Total 57,500 41,654.45 . 15.835.55 ' 72% CONTRACTUAL SERVICES Total 30.000 12.253.95 - 17,746.05 41% MATERIALS & SUPPLIES Total - 37.32 .- (37.32) 100% CAPITAL OUTL YAY Total 50.000' - - 50.000.00 0% 4516-LAKE DESTRATIFICATION SYS Total. 137.500 . . 53,955.72 - 83,544.28 39% . . ICONTRACTUAL SERVICES Total 18.000 20,543.57 - 12.543.57 114% ' I MATERIALS & SUPPLIES Total 2,000 3,918.61 , . (1,918.61)' 196% 4517-BOAT LAUNCH FACILITY Total 20,000 24.462.18 . . . (4,462.18) 122% I CONTRACTUAL SERVICES Total 650,000 650,000.00 . - 100% . 4518-LAKE WATER OPER.& MAlNT. Total 650.000 650,000.00 - . - 100% . LAKE OPERATIONS AND AQUATICS Total 1,771,573 1,571.397.31. 44,850.87 155,324.82 91% -;' 100-GENERAL FUND Total 25,124.779 21,866.663.19 542.301.44 2,715,814.37 . 89% . (162,000 n Page 3 of 3 ACENDA ITEM NO. II P/1/JE..L..OF Y CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL 0; TO: MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER. . FROM: DATE: JUNE 28, 2005 SUBJECT: REQUEST FOR FUNDING OF SUMMERCONCERT SERIES SPONSORED BY THE ELSINORE VALLEY ARTS NETWORK BACKGROUND . The Elsinore Valley Arts Network (BV AN) has sent a letter to the City Council requesting funding to support the summer concert seriesprogram known as "Music With A View" (see attached letter). The summer concert ,. ., series program provides four free concerts at McVicker Park during August and September. The last concert inthe series features the Rjverside U! Philharmonic. . . ;' . FISCAL IMPACT The Elsinore Valley Arts Network is requesting the City to provide a sponsorship of$2,500tohelp fund'the conceit in the park series. .. RECOMMENDATION . It is recomme~ded that the City Council authorize the use of $2,500 of unallocated revenues for sponsorship of the EVAN summer concert series ' . known as Music With A View. " '/' PREPARED BY: Robert A. Brady, City Manager APPROVED FOR AGENDA LISTING: U Attachment ACENDA ITEM NO. I 2 PACE I OF~ ~ E~si~on.e. CYo.~~e. .An.ts)Ie.twon.12 p.o. l?ox402 laiu. f:tsikOU. c.:A 92531 gOO 245-4478. . June 22, 2005 Mr. Robert Brady, City Manager City of Lake Elsinore City of Lake Elsinore CA Dear Bob, n The Elsinore Valley Arts Network would appreciate your adding the following item to the agenda of the. City Council. EVAN is requesting a $2,500 donation from the City of Lake Elsinore to support the summer conCert series we have been preseIiting for the past six years (this will be our seventh series). A flyer of this year's concert dates and artists is enclosed for your information. , Sincerely, ~.~ . ". Ruth Atkins ' Secretary P. S. Need further details? Please call Barbara Oldy, President, 245-4478, or myself, 678-1537. Thank you. ", .\" l[ (\ ACENDA ITEM NO. \ 2 PAGE :2. OF.:.os ELSINORE\{AU~)( ARTS NETWORK 'p~ MUSIC WITH A VIEW FREE TO ALL Concerts in the Park Series 2005 Mc Vicker Park 7:30 P.M. to 9:30 P.M. 29355 Grand Av,e. - Mc Vicker Cyn. Rd. . Aug. 13th · Brian Lynn Jones & Misfit Cowboys O/-c>> tkeO/-i&U <JUne 40' ~ g · ..,....~ Aug. 20th · Jumpin Joz Band (New Group) Aug. 27~h · Lao Tizer Jazz . Sept.3rd · Riverside Philharmonic Bring Your Blanket Have a Picinic No Alcohol or Dogs FOOD. SODAS. 'W'INE &. BEER WILL BE SOLD AT THE E"~DAI1EMNO, Printed in wke Elsinore Uy' AMERICAN PRINTING COMPANY TO: FROM: DATE: SUBJECT: CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL r1 ROBERT A. BRADY, CITY MANAGER JUNE 28, 2005 . AUTHORIZATION TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR ZONE CHANGE NO. 2005-02 AND TENTATIVE TRACT MAP NO. 33486 (APN 379-150-001, 002,041,042,043,044), APPLICANT: CORMAN LEIGH COMMUNITIES, 32823 HIGHWAY 79 SOUTH, TEMECULA,CALIFORNIA 92592,ATTENTlON: n RICK SCOTTfflAVE LEONARD REQUEST: The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for. the preparation of the necessary information and, depending on the scope and size ofthe project, will either prepare the: environmental documents in-house or have a consultant prepare the documents and. studies. The cost of preparing the environmental analysis is paid for by the project. applicant through the application fee process. The project in question is an 84 lot. detached single family residential subdivision to be located west of Machado Road and east of Terra Cotta Road on 23.46 acres. The requested Zone Change is from R-E (Residential Estates) to R-I (Single Family Residential District) bring the project site into consistency with the overlying General Plan designation of Medium Density Residential. (1 ACElm::.\ ITEM riO.__ I ? = PAOE-L-OF ~ u u :', u j"-': , .~' " !.; (', REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE 2 of2 , I REQUEST Due to the scope ofthis project, staff has requested LSA Associates, Inc. prepare the ' CEQA documents (Initial StudyINegative Declaration or Mitigated Negative Declaration) for the Zone Change No. 2005-02 and Tentative Tract Map No. 33486. The proposed cost of preparing the envirpnmental review is estimated at $ I 3,900.00. FISCAL IMPACT The cost of preparing the environmental review will be paid by the applicant's fees through the City's cost recovery program. All staffadmiriistrative time and consultant costs are paid from the applicant's fees. Th~re is no cost to the City. n RECOMMENDATION , " Staff recommends that the City Council authorize the City Manager to approve an agreement with LSA Associates to prepare the CEQA compliance documents for Zone Change No. 2005-02 and Tentative Tract Map No. 33486 (APN379- I 50-00 I, 002, , 041,042,043,044) in the amount of$13,900.00. PREPARED BY: LINDA M. MILLER, AICP PLANNING CONSULTANT APPROVED FOR AGENDA BY: ATTACHMENTS: (', 1. Copy of Contract from LSA Associates, Inc. , ACEi\!DA ITEF:l f;:n PACEd..-'-- Is- OF L S ^ LSA ASSOCIATBS, INC. 1650 SPRUCE STREET. FIFTH FLOOR 951.781.9310 TEL RIVERSIDE, CALIFORNIA 92507 951-781.4277 FA)" BERKELEY CAIl.LSBAD COLMA FORT COLLINS IRVINE. PALM SPRINGS POINT- RICHMOND ROCKLIN SAN LUIS OBISPO June 1,2005 TY OF LAKE ELSINORt. " . RECEIVEO JUN - '3 211115 pv.NN\NG DEPT. u Ms. Linda Miller, AICP, Associate Planner City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Subject: Proposal for the Preparation of an Initial Study for Tentative Tract Map No. 33486 and Zone Change No. 2005-02. Dear Ms. Miller: LSA Associates, Inc., (LSA) is pleased to be submitting this proposal to prepare an Initial Environmental Study (IS) for Tentative Tract Map No. 33486, an 84-lot residential subdivision and Zone Change No. 2005-02 on 23.46 acres located between Machado Street '!I'd Terra Cotta Road in the City of Lake Elsinore. The development is proposed by Corman Leigh Communities. ABOUT LSA ASSOCIATES, INC LSA is an employee-owned environmental, transportation planning, and community planning firm that evolved from a small consulting firm formed by Larry Seeman in 1976, then called Larry Seeman Associates. The firm was designed to meet the need for environmental evaluation as a result of the U passage of CEQA. In 1985, LSA formed an employee stock ownership program and is now a 100 percent employee-owned company. LSA has offices in Riverside, Irvine, Carlsbad, Point Richmond, Berkeley, San Luis Obispo, Palm Springs, Rocklin, ;md Colma, California, and Fort Collins, Colorado. Since its founding 29 years ago, LSA has advanced from a small firm of a few in-house. speCialists. to a full-service consulting fmn with over 200 full-time employees, including planners and technicians with expertise in environmental analysis, transportation, land use, air qmility, acoustics, archaeology, cultural resources, paleontology, biology, vegetation and wildlife management, and forestry. The environmental document for the proposed project will be prepared out of LSA's Riverside.office, located at: 1650 Spruce Street, Suite 500 Riverside, California 92507 Phone: (951) 781-9310 Fax: (951) 781-4277 LSA is recognized as a leader in the field of environmental assessments and has developed a reputation among clients and professional peers as being thorough, innovative, and objective. LSA has prepared hundreds of environmental documents for a variety of public and private projects, including single-family residential developments. LSA has a demonstrated capacity to perform the services required for the proposed project. LSA is adequately staffed and highly trained to perform the required services. U PLANNING ENVIItONMENTAL SCIENCES DESIGN ACENDA ITEM NO. PACE 2> OF 16 LSA ASSOCIATES, INC. n . LSA' staff is thoroughly familiar with ,CEQkand,has developed effective nullgation monitoring programs pursuant to Public Resources Code Section 21081.6. One of our greate~t ,strengths .is . developing consensus among varied interests, so that projects can move seamiessly from. initial . planning, to adoption, and through to implementation: ' . .' I' ",' .','l ';1: /.: "PROJECT,UNDERSTANDING 'r;- , .,', The proposed project will result in the adoption of a zone change from, R-E(Reside'!tial Est~t~s) to R- I (Single Family Residential) to be consistent with the overlying General Plan designation of Medium, 'Density Residential and. the approval oLa Tentative Tract Map for, 84 residential lots. The site is located west of Machado Road and east'of:rerra,Cotta Road oti 23.46 acres. Lots would,range in size from 7,200 square f<;et to))6 a9re~ in size, with an average,d,en~ity of approxip'ately3.5?, dwelling units per acre. Currently there are three single family dwellings onsite, two of which\vill bd retained: on large parcels of I and 1.36 acres.' The third'dwelling will be removed, ' "', (\, An Initial Environmental Study (IS) is a preliminar~:: analysis prepared to deierrru'ne whether a, Negative Declaration (ND) or Mitigated Negative Declaration (MND) would sufficiently address , .' __ , ' _' '. _ _'I' ' _ ,'.r . ' potential envi,ronp'ent~l.ip'pacts resulting from project dev~"?pment, or if an En.v!ron~ental Impact Report (ElR) fiusthe prepared. An ND or MND is appropriate when the IS sh~ws that ihere is, no substantiai ~vidence that'a proje'Ctmay have a significant effect on, theenvrronment, or ,if, with"the' inclusi,?n of mitigation measures, such potential impacts can be reduced to a less than significant level. ". ' ,'; ,i .--',-. . ~' :,:' . . .' '. _ ,,' i:L' )" " ,- ;,".f,' 't' ,-', _ ,"" '. Based on this understanding of the proposed project, LSA-is proposing the foll()wing:scope of work, cost estimate, and typic~1 schedule 'to complete an Iilitial StudylMitigated Negative' Declaration , (ISIMND) necessary for the evaluation' of potential environmental impacts associated with , development of the p~oPosed project. If the IS concludes that potentially 'significant impact~'would result. from development of the proposed uses, and if those impacts can be reduced to a less than: significant level with the incorporation of mitigation measures, this scope and budget includes the identification of such mitigation measures. If the IS concludes that any significant environmental impact cannot be mitigated below a level of significance, an MND is not the app~opria!e form of ' environmental documentation for CEQA clearance of the proPosed project. LSA will notify you as ,soon as possible during ,the analysis, if a!l ISiMNJ) is not the appropriate environmental document. " '- ;, ' .-, .,'. '- - '. ' . '. " ,,_ ;' ~i': < ,! ..' . , . ' '" ;;' 1,-:' : \;~ SCOPEOFWORK ' ;:. . ' '; t; , ,(:' - ~ ) ''0 '}'( ';' <1,., 'I,' '- ,-,,], Task 1 - Project Initiation .,: ," - .) , ';j' < i ,1 " , '," - ;, _ .. ,,' .:'.,.,"',. " -' ..', ",' .. , .~ ,The IS willbe,pn!pared in ~offipliance witl1 CEQA, the State's' CEQA Guidelines, and .ihe City's .. . Guidelines.for the implemen\litionof <::EQA. TheIS will wilize the City's pref~rred.format for the . prep;u.ation of enviroJl!Ilental ~oCu~nts!,nd will,in<?1~4e iho[()righ responses toeach' o[lhe ch\,~~ist questions to determine the potential 'environmental .effects of the 'proposed development. . . , , '.' ~. ~ ,", ,', '.' "" ' '_" . I n ,,", , '(',", :", " " Prior to this work effort, LSA 'will identify its document and iriformaiion' needs.' It is anticipated diat . the data necessary tO,c,onduct an accurate and thorough assessment of the potential impacts that may result from the proposed 'residential development can be obtained from .the CitY- and/or the project 6/112005 Proposal to Lake Elsinore ",2 . ACENDA ITEfA ,,)D. PAGE Ii OF:=VO- LSA ASSOCIA:I"ES, INC. u applicant. To commence 'work on' the IS;' some or all of the' following information, if available,may be required: ' . Copies of the development application and related materials; . Any previous prepared technical studies prepared for the proposed development; . The most recent site plan delineating the location, configuration, and size of any proposed on-site structure, use, or utility; . Utility "will serve:' docum,?ntation; , i ' A detailed, written project description which identifies the size, intended use, construction, site coverage, and location of proposed on-site structures, and facilities; Reproducible illustrative drawinl,'s/simulations of the proposed OIl-site uses; Information about the amount and extent of grading required on~site; and, i., type of . . . ..1. . ,Right-of-:e,ntry authorization (as required). During this task, LSA staff will review the previ'ously prepared technical studies for relevancy. This , review will not deterffiine the adequacy of these studies, nor will it irivolve any new research or , fieldwork to verify or revise the findings of any previously prepared te~hnical study: Information from these studies maybe used in the 'analysis of the project impacts in the IS. " ., . '. . ' __".: 1 _ t _ ~. , LSA staff will conduct an inspection of the project site and the surrounding area. The purpose' of this reconnaissance will be to gain an understanding of existing conditions, the physical setting of the proposed project site, and the relationship beiweeri the 'p~oject site and adjacent land uses. ' ' , u 'Output: , ,- .- The c611ection' of data required to conduct' a thorough environmental.review of the proposed project..' . " , '. ' " Task 2:" Preparation of an Initial Study, ,'.., I.' , ".' . ~ ' , . The IS will include a detailed project description based on information provided by the project proponent. The IS will be used by City staff to detennine potential environmental effects of the project implementation and make a detennination as to the appropriate environmental clearance for the project (Negative Declaration, Mitigated Negative Declaration or an' Environmental Impact Report). LSA will assemble all pertinent d~ta provided by and/or commissioned by the project proponent and ,other relevant sources. LSA will review the City's General Phm, pertinent environmental records for the site, :applicant-prepared reports, and/or' other relevant documents to ascertain the existence of and/or exte'ni of potential environmental impacts. An' assessment' of the following' environmental issues as they relate to the' proposed project; applicable City standards, and/or the standards of State or federal entities will be comJucted. ' , , '.',', Land Use and Planning " " u . ,A\,sthetics . 61112005 Proposal to Lake Elsinore 3 ACENDA m;r~l NO. PACE 0: IS- OF LSA ASSOCIATES, INC. . ~..' ;,. n . Mineral Resources, , "Noise Popul~tion alld Housing Public Services' , Recreation ;i.:.": 1.1'-, [' .:'~ .' . " Agricultural Resources, Air Quality Biological Resources Cultural Resources Geology and Soils' ",',.' .... " , Hazards and Hazardous' Materials "Hy~~ology and Water Quality " . , ., . . . . . . . . Traffic and Circulation Uiilities ,"."'.' "., ". '.'. ",Mandatory,Findings of Significance ' ; ." :',' ,j' .,' .' . , . ' '-i- . . . , LSA will prepare a Screencheck Draft IS for review by City staff Upon receipt of a consolidated and non-contradictory set of comments from City staff, LSA will revise the (\ocument as appropriate. After any required revisions have been incorporated into the'dOcument, [SA' wili prepare the Draft IS for public review. LSA will provide the City with up to 20 copies of the Draft IS for public review. TheIS will lie'circulated fora rtllnimum 20-day pliblic ievi~wperiod:" ',' , ,; ,-,1' '.';' (\ LSk ~i11 distribute i the Draft 'IS ~nd NotiCe of Int~nt to Adopt a Negative Declaration to local '. agencies for public review. If reqilITed by the City, LSA will submit 15 copies of'the document to the State Clearinghouse (because of the scope of the project' LsA has not' assumed 'that it will be necessary to submit the ISIMND to the State Clearinghouse). The City will be responsible for providing notice of the availability of the IS in local newspaper{s), and for filing the necessary notices with the Riverside County Clerk. This scope and budget assumes one round ofreview by the City. Additional rouuds ofrevi~w may be, conducted under an augment to this s~ope and ~lUdget. ....\'. Output: " Up'to three (3)copies Of the'Screencheck Draft IS for review by the City and up to . .twenty (20) copies of the Draft.IS for public review. LSA will'mail the 'required i'" copies of the Draft IS 'and Notice of Intent to Adopt a Negative Declaration to local agenCieSforpublic review." "",: , ' ,.f) :;t~. - Note: ,. , 'If the Initial'Study,conCludes thdJ any significallt. environmental 'impact cannot be mitigated to a less than significant level, a M{tigatedNegative Declaration.is not the' appropriate form of environmental documentation for CEQA clearance of the proposedproject. LSA will contact theCitji in the 'event this condition occurs. .' t:.,_' _,,: i'}': 'j! -,. ' 'j. , ' Task 3 - Preparation of Responses to Comments Upon close of the public review period, LSA will prepare responses to p~blic aI1d agency cOnlmerits ' received regarding the Draft IS, Given that it is not pcssible to predict the number and/or extent of public comments' to be received on the IS, this'scopelbudget estimates up to 24,hours of professional staff time for preparation of responses to 'written coniments: ' , "..."L ,,' (. ,.," " " '(, .i '\-> ;,- ,~ ! . n, (\ LSA' wilf formulate responses to the comments received,on the Draft IS within one week of receipt' of a complete ,set 'of'comments'received. during the' public' review 'period. Once 'draft responses io, I comments are compIeted,'they will be'submitted to the City for. review and' comment. As required, the Draft IS will ,be revised: to incorporate relevant 'comments/data received during the public, review period. Revisions to the Draft IS will be identified to faciIitate subsequent review. All comments _ 61212005 Proposal to Lake Elsinore ,4 ,j' ACENOA ITEM NO. PAl:j: (0 ~'S- LSA ASSOCIATES, INC. u received on the DrafrIS during the public review period, as well as the responses'to comments,. will be included as an appendix to the Final IS. Task 4 - Mitigation Monitoring PI~n ;.", "'j , Following completion of processing of the IS, LSA will prepare a Mitigation Monitoring Plan (MMP) to implement the mitigation measures (if any) required. in the. IS for the propo~ed project. The mitigation measures will be included in a matrix check-off format for ease in tracking implementation, One draft version of the MMP will be submitted to the City for review, followed by a final lvIMP that incorporates relevant comments from City staff. .', , ' " Task 5 -Final ISIMND and Project Approval . ,. ',>, " '. "-;.' , ., ,. diA will prepare up to 20 copies of the Final IS alld Negatiye Decl~~~tion or. Mi~ig~ted Negative Declaration including the responses to comments (if any), MMP, and supporting documentation. This scope includes attendance at up to two public hearings related to approval ,of the proposed project. The, Fiil~1 ISIMND including the,'res~nse '.to' c~mments will be ,mailed by LSAto those public agencies who responded to the Dnift ~S/MN,D. in accordance with CEQA'~15073(e). . ,'- , .... ., .' 1,' Task 6 - Notice of Determination . ,:' ,..,' ., " u Subsequent to adoption ofthe IS/MND,LSA will provide the City with the Notice of Determination . (NOD).for submission to the. County Clerk. WhileLSA will prepare the NOD, it is the responsibility of the City to file'the NOD. with the County Clerk. It should be noted that. failure to file the NOD "within five. business. days of project approval. will substantially increase the period in which the project approval may be legally challenged. LSA will complete applicable forms to comply with AB 3158 (California Department ofFish and Game filing fees) and provide them to the City for filing. If the project is not exempt, it will be the responsibility of the project .proponent to pay any applicable Department ofFish arid. Game filing.fees. , ",., , The cosLestimate does not include any. Pl!blic. noticing of the environmental document in the newspaper(s), filing of the NOD with the County Clerk, or payment of the fees to the County and/or California Department ofFish and Game. , ~" . I,'ROJECT SCHEDULE Based on past experience, we anticipate that the,Screencheck DraftIS will be produced within two (2) . weeks of authorization to proceed, with the Draft IS. produced 2 .~eeks following submittal of. the Screeucheck Draft IS for public review. This estimate is dependeut upon the timely receipt of all relevant and required studies'or other material supplied by the. applicant and/or City. The Draft IS will . be produced within one week of a complete' and non "contradictory set of comments from the City on the Screencheck Draft IS. The Final IS, including .responses to comments. and the mitigation ;;~~~~Oringplan, will ,~eproduced~ithinone (I) .W~~k .of the e~d of the,:~O-<iay Draft IS review U . 6/1/2005 Proposal to Lake Elsinore ..'("; :' j . 5 .. AGENDA ITEM NO. PAGE ., OF \6 LSA ASSOC1ATES. lNC. n COST ESTIMATE We propose to accomplish these tasks on an hourly basis, consistent with the hourly billing rates and direci expenses as shown below. 0 0 ; ,. '0 .' " LSA Hourly Billing Rates as or March I, 2005 Job Classification Hourlv Rate n Principal' . 0 . o' Associate, Senior Planner; Sf. Environmental Plaimer," \ , Sr. Transportatiori Planner, Sr,'Biologist, Sr. Air QualitylNoise SPecialist, Sf. Cultural Re~ourceManager, Sr. ' GIS Specialist Planner, Environmental, Planner, Transportation Planner, Biologist, Air QualitylNoise Specialist, Cultural Resource Manager, GIS Specialist ' Assistant'Planrier, Assistant Environmental Planner, , Assistant Transportation Planner, Air QualitylNoise Analyst, Assistant Biologist, Cultural Resource Analyst, Assistant GIS Specialist, Field Director . Senior Field CrewlField Crew Research Assistantffechnician Graphics ' 'Office Assistant . 'Yord Processing $120 - 225 $75 '-160 $50 :.. 125 , $40-85 .$50-100 $35 - 75 $25 - 50 $70-100 $40 - 75 $60-85' , . LSA IIi-House Direct Exoenses; Reproduction Color Reproduction(8.5xll) Color Reproduction (IlxI7) , Mileage " Road Off-road Facsimile Plotting Diazo Printing Film (developing billed separately as a direct cost) Disposable camera and film Search of Specialized Data Bases Per map/GPSUnit Arc map/GPS Unit Aerial Photos \., . ., , $0.10 per page . $1.00 per page $3.00 per pag~ $0.405 per inile $0.51 per mile $1.00 per page $5.00 per linear ft. $0.20 per sq. ft. $5.00 perroll $10.00 per camera $100.00 per inquiry $200.00 per day , $150.00 per day $2oo.oopeiphoto , (\ 61112005 Proposal to Lake Elsinore 6 ACENDA ITEM NO. ,,^r.c Y 01: ~ LSA ASSOCIATES, INC. () IS/MND Cost Estimate (Not-to-Exceed) , Co- , ' Based on the above scope of work, UlA will prepare the IS/MND at an estimated cost of $13,900.00 LSA will provide monthly billing to the City for all time and material efforts associated with this proposed scope. A breakdown of this cost per the tasks as provide.d below. Env Word LSA PrinciDal Planner Processing GraDrncs SUPDort Total Costs Total Tasks Hourly Rate n> $140 $75 $80 $80 $60 Hoors (Reimb.) Cost \.0 PJOlec\ Initiation 1 2 . $20 $310 2.0 Initial Studv (IS) Screencheck Draft IS 1 48 8 8 $50 $4.160 Draft IS .. 8 8 6 $600 $2,200 3.0 Resoonse to Comments I 8 2 8 $25 $1,565 4.0 Mitigation MonitorioP: Plan 1 24 2 . $5 $2.105 '5.0 Final IS . 1 8' . 2 : , 4 $200 $1,340 6.0 Notice of Determination 2 $5 $155 7.0 Public Hearin2s1Meetings 16 . $25 $1,225 8.0 Proiect Administration 6 . . $840 .... ..........;'..;.";.;......'.. .,..' , 'Ii. ."'.,'''. ,,,,'i F."".., - TOTAL HOURS II 116 22 16 4 169 $930 . . LSA LABOR $12,970 LSA REIMBURSABLE , $930 TOTAL BUDGET ESTIMATE $13,900 PERCENT OF TOTAL STAFF HOURS 7% 69% 13% 9%' 2% u Thank you for allowing LSA the opportunity to submit this proposal for ttiis' proposed project. If you require additional infornialion, you may contact me at (951) 781-9310. Sincerely, ~~&~ I.; Lynn 'Calvert-Hayes, AICP Principal " u 6/lIZ005 Proposal to Lake Elsinore AGENDA ITEM NO. PACE q OF LSA ASSOCIATES, INC. n THE ABOVE ST A TED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED n ("'\ CONSULTANT: /' Lynn Calvert-Hayes Printed Name' Principal' ' Title lune 2, 2005 Date ,,',. >,: 61212005 Proposal to Lake Elsinore CLIENT: City of Lake Elsinore Authorized Signature' Printed Name Title Date ',' , ' '." ,Of ~. ~. - " , ^'GENDA"TEM NO. 8 " PAGE \ 0 OF_ \5 ~ LSA ASSOCIATES, IN"C_ u " SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES FEES FOR PROFESSIONAL SERVICES Fixed-Fee Contracts Ifa fixed-fee proposal, the professional services described in the Scope ofSei-vices Section of the attached' proposal shaH be provided for the fixed fee noted in the proposal. AH other professional services are considered extra services. Extra services shaH be provided on a time and expenses basis at the same rates specified for hourly contracts, unless other arrangements are made in advance. Hourly Contracts If an hourly plus expenses proposal, the professional services described in the Scope of Services Section of the attached proposal shaH be provided on a time and materials basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached, or can be made available. Hourly rates are subject to review at least annuaHy on or about August I of each year, and may be adjusted to reflect changing labor costs, at our discretion, at that time. (A schedule can be made available upon request.) Direct costs (including cost of subconsultants) shaH be reimbursed at cost plus ten percent, unless other U arrangements are made in advance, and are not included in the hourly fee for professional services. The total estimated amount of time and expenses noted in the proposal wiH serve as a control on the services to be provided. The specified amount wiH not be exce,eded without prior approval of the client. INVOICING Monthly invoices shaH be submitted for progress payment based on work completed to date. Out of pocket expenses shaH be billed on a separate monthly invoice. Clients requesting changes to LSA's standard invoice may be billed for the time to develop the invoice and monthly administration of the billing. PAYMENT OF ACCOUNTS Terms are net 30 days. LSA offers a one percent discounton invoices paid within 30 days ofthe invoice date, A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be applied to aH accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in coHecting any delinquent amount shaH be paid by the client. \ u '" AGENDA ITEM NO. PAGE II ~ - - I HoIADMlN\MASTERDoacONTRACf.DOC (01/07/05) o n n LSA ASSOCIATES. INC. STANDARD OF CARE Services proVided by LSAunder this Agreement will be performed in"a mamier consistent with the degree 'of care and skill ordinmly exercised by members Of the same profession currentIypracticing Ill1dei- similar circumstances. ' . INDEMNIFICATION Client and consultant each agree to indemnify and hold the other harmless and their respective officers, employees, agenis, and representatives from and against liability for all claims, losses, damages, 'and expenses; including reasonable attorneys' fees, to the extent such Claims, losses, damages, arid expenses' are caused by the. indemnifying party's negligent acts, errors, or omissions.'. ,-I' . ELECTRONIC FILE DATA CHANGES Copies of documents that may be relied upon by client are limited to the printed copies (also known as hard copies) that are signed or sealed by LSA. Files in electronic media format or text, data, graphic, or other types that are furnished by LSA to client are only for convenience of client. Any conclusion or information obtained or derived from such electronic fileS will be at the user's sole risk When transferring documents in electronic media format, LSA makes no representations as to long-tenn compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those ofLSA at the beginning of the assignment. FORCE MAJEURE Neither party shall be deemed in default of this Agreement to the extent that any delay in performance of its obligation results from any cause beyond its reasonable control'and without its negligence. LITIGATION In the event that either party brings action Ill1der the proposal for the breach or enforcement thereof, the prevailing party in such action shall be entitled to itsreasonable attorneys' fees and costs whether or not such action is prosecuted to judgment. NOTICES Any notice or demand desired or required to be given hereunder shall be in writing, and shall be deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified orregistered, and addressed to the parties as set forth in the proposal or to such other address as either party shall have previously designated by such notice. Any notice so delivered'personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed io be received five (5) days after the date on which it was mailed. InADMIN\MASTERDOCICONfRACT.DOC (01107/05) AGENDA ITEM M'J. PAGEl ~ 2 OF -Ls' . LSA ASSOCIATES. INC. TERMINATION OF CONTRACT Client may terminate this Agreement with seven days prior notice to LSA for convenience or caus~. Consultant may terminate this Agreement for convenience or cause with seven days prior written notice to client. Failure of client to make payments when due shall be cause for suspension of services, or ultimately termination of the contract, unless and until LSA has been paid in full all amounts due for services, expenses, and other related charges. REVOCATION If this Schedule of Standard Contrac.t Provisions is attached to a proposal, said proposal shall..be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal. .', , , H,IADMlN\MASTERDOCICONTRAcr.nOC (01/07/05). 3 AGENDA ITEMi~o. PAGe>> _OF)"S - - u u u "" 0 0 ~ ~ 0 0 ~ ~ (\ ~ ~ N 00 ~ 0 ~ 00 '^ :;( , '" '^ d '" 0 ~, N ~ ~ ~ ~ ~ ~ 00 00 00 00 00 00 00 ~ n o (\ < o o . o < < . - III o 0" M I ~ Eo< U ~ r.:l rLJ I=l ~ " ~ ... d ~ ~ ~ o == = o ., e " "5 . o .0 ~ o " '0 ~ -< uo \3 0 a .~ -c v " 0., UOUO o " o ~ -< 'i: ;:: -::,.... ~ ~ ,r: l:Q~ .~-2 ~'a~ .;: "'0.Q ~ ~ o Vl-- 9di~B co~'&l9 .~:g.Q OJ s:::,-;: 0 QJ Jl3:ti:l:r: " " '0 ~ -<" . o 00 e ~ E!:::E U 13 9 g " . o 0 uo"' * .~ -< ~ -. . 0 <P 15 .- .:.'! ';::<ii il o ' 0. uoO'uo .'3 . '0 ~ -< 9 " '€ ~ 0.= . '''' e~ f-~ 15 ~ "j: a "- uoo. .'3 . ~ -< " c " . 0: 3 Ii E 15 ij "2 "5; ~JJ o " ~ -< " " " . 0: " '0 o uo . <;j., '0 o 0. uo uo \3 ~---: :g"5 t: 3: ~'5b ::. V1,O </)"502 .- 0 <U a'a ~ JiUlo: -;:,:::-- '6b.~.:@.t; 2.255 s _s "u -e roCOVl<C o ~ , ~ o "' E~ , . ~ a u_~ ~ '0 z ~.E ,,, 0";:; . 0 ,- 0. <uo . o o .g .~ . " 'g~ 0." . " a 8 r=o:: " " " . 0: " 5 E 9 '" Jj " " " . 0: uo \3 ~~ -~ .~ . 0 <~ '" 6:,,,, -" 0 o -z c ::. iXi.~ 2 .a~ ~ < 0::0 ~-- ~~ a'.v> ....::.~2 ~ -~"eo.9 _~ a.Q CL> . _ 0 <~ti:l~ ~ , o & ~ ~: "- '" . " " u< .~,. 8 Z g . - " ~ 0'_ .~ ~ <-< g g ~~ " c e '" f- " _Ul n o " 'Vi a <0:: " " " . 0: 3 " o ii ~ _ 0 ~ ,5; .<.D " " " . 0: ! :{ e :E iir o 00 l; .~ .i ~ < ~ 0. " ~ ~ g '~ 5 ~ <:i 1--' ~ o o . o ~ 00 ~ ~ g .c b 0. o ~ N ~ " "0 o '" ;;5 .-- 00 .0 ~ ;; 8 E '" y, ,.1; ~ o 1l .~ Is" o .. 8 .~ fr "0 '" " ." '''' " 8 .5 o " 5 ~ o " j3 ~ '" = ." ~ ,5 .;,: ~ .!l " e " 1i o .c " '" AGENDA .T!,fHW. PAGE 1'-\ ~ ~ '" ~ 3 e u o Q ~ 5 g ~ ~, ~ :;: ~ :;; LSA ASSOCIATES, INC. U , LSA IN-HOUSE DIRECT EXPENSES Color Reproduction (8.5x 11) Color Reproduction (llx17) Mileage Road Off-road $0.10 per page $1.00 per page $3,00 per page Reproduction Facsimile $0.405 per mile $0.555 per mile $1. 00 per page $5.00 per linear ft. $0.20, per sq. ft. $5.00 per roll $10.00 per camera $100.00 per inquiry $200.00 per day $150.00 per day $200.00 per photo :U Plotting Diazo Printing Film (developing billed separately as a direct cost) Disposable c~mera and film (developing billed separately as a direct cost) Search of Specialized Data Bases Pen map/GPS Unit Arc map/GPS Unit Aerial Photos U H.\ADMIN\MASTERDOClCONTRACf.\lOC (01/07/05) ACENDA "f"'; ,.",., ~ i-jJI f _ ,-r. PACE~_ OF 15' 5 tl CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL i I I , TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUNE 28, 2005 SUBJECT: AUTHORIZATION OF AN AMENDMENT FOR CEQA COMPLIANCE DOCUMENTATION SERVICES FOR NEW PROJECTS, TENTATIVE PARCEL MAP NO. 33370 (FOR CONDOMINIUM PURPOSES), CONDITIONAL USE PERMIT NO. 2005-01, AND RESIDENTIAL DESIGN REVIEW PROJECT NO. 2005-02 ADDED TO MITIGATED NEGATIVE DE CLARA TION NO. 2005-03 FOR GENERAL PLAN AMENDMENT NO. 2005-02, ZONE CHANGE 2005- 03 AND () APPLICANT: LUMOS COMMUNITIES, LLC. 30713 RIVERSIDE DRIVE, SUITE 201, LAKE ELSINORE, CALIFORNIA 92530, ATTENTION: LEONARD. LEICHNITZ REOUEST: The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process. The project in question. is an Amendment to an existing contract for CEQA Compliance Documentations for General Plan Amendment No. 2005-02 and Zone Change No. 2005-03. The existing n AGENDA ITEM NO. 1'1 - PAGE---L-OF=:L- o u , ' u i(O. , , , d: " " ','J :t.!) ., c. j ,~ '," .:, . -~ q. I'" .' .Jl " " n REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE 2 of2 . contract:was approved by City Council on May 24, 2005. ,The Amendment will include review of, Tentative Tract Map 33370 (F~r_Cohdominium Purposes), Conditional Use Permit No. 2005-01, and Residential Design RevIew Project No. 2005-02. The project proposes to construct 93 single family detached'condomini~m units on a 9 acre site located south ofthe 1-15 Freeway, noith ofLaI(eshore Drive, and west of Railroad Canyon Road, and east of Main Street (APN373-071-018). REOUEST , <.' ': i. ','( Due to the addition ofa Tentative Parcel Map (For Condominium Purposes) and other related projects, the environmental consultant, HDR is requesting an Amendment to the original contract approve.d fOT Mitigated Negativ~Declaration No. 2005-03 in the amount of$14,954 bringing,the total amount of the contract to provide additional information to the'Mitigated NegatiyeDeclaration'to'$48,393.00. ' ., . . , " . .. -' - . >..; ~ '.,., , . ; - ".,' . ..! <' .' '-.' ',' . ~, n FISCAL IMPACT '.-, ,-' ;.; . .<, ",';" ,ii,':-'" q , ",' - . ,.,.', \,- .-' The cosfofprepll;fingadd;iionalenviron~ental review wii\ be paid by ,the applicant's fees through the City's cost recovery program. All staff administrative time and consultant costs,are paid froql theappjicant'!; fees. There is no cos,t to the City. , _' " . _ '. _' ...,.r '. , _ c' '.~I. ' " .. " .' , ".' - .- '.<', ~;, ".--,," RECOMMENDATION : :":", . .~' ~-, - : '. " . :-; '. ~ ", . ,.:." .',';. Staff recommends that the City Council authorize the City Manager to approve the Amendment for CEQA Coinplia.hce:Doctiinehf~tiohSeivices -'Mitigated Negative Declaration to HDR Engineering, Inc: in the amount of $14,954.00. PREPARED BY:'" LINDA M. MILLER, AICP , PLANNING CONSULTANT APPROVED FOR AGENDA BY: . ;; . ;":"'- ..,j. ~'.- >1, :! CITY MANAGER'S OFFICE . . 'I ATTACHMENTS n '" I.. CoPy of Contract from HDR Engineering, Inc. """ , AGENDA ITEM NO. -- PACE ;J.. OF!1 - u ;.;!" .Ms. Linda Miller, Project Plann!'f 'CitY ofLakeElsinore' , . CommUnity, Development Departnlent Planning Division " . , , 130 South Majn Street ", . Lake Elsinore, CA 92530 'u '.' .1 Y O~ LAKE ELSINOh RECEIVFn ' ,JUN 202005 PLANNING DEPI . ; . -, ,. June 14, 2005 ,tJ, ( , RE: Amendment for California Environmental Quality Act (CEQA) Compliance Documentation Services -Mitigated Negative Declaration . LUMOS Communities 9-acre Condo Map No. 33370- City of Lake Elsinore 'f,' Dear.Linda: , , " , imR retently com~leted the Mitigated Ne~ative Declaration (MND) for General Plan ' Amendment No. 2005-02 and Zone Change No. 2005-03 for,the 9cacre site owned by LUMOS Communities. We have prepared this letter amendment to add a new. task to ,the existing'corttractfor this site. The additional task is required to prepare an MND fo~ proposed Condo Map No. 33370.' , U . imR is requesting ao additional $14,954 to be added to the existing' contract to cover' this new cost. This would be in addition to our original contract amount of $33,439 resulting , ,.. . ,I" . , . . . .. ",' " ~ ',. . . "'in a'revised contriictamount of$48,393~ The proposed contract amendment would cover '; the following: """. ' -: <, " , . .. .. . . " '. ' Pi-eparation ~i a Sdeen6heck' DciftMitigated' Neg~tiv.e Declatiiti~n(MND) for the Condo Map 33370 for agency and client review. , , Preparation of a Draft MND based upon agency and cliertt ,comment on the Screencheck document ',)' , ; " - ..'.. '. . Prepa,rati,on <;>fNOI and -t"O<:; for the Draft,MND. " ;. ,_ ...; , , .,-' ' , 0-,. I 'Pririting and distribution ofthe DraftMN.D (up to'.50.copies) for public review. Prep~.,.~tion o-fUihCTatI'on l'\Aon,-trorinn alnd Rp,.",.,.Tt-inn Pr^gram "'~'TH>) ... ...-....u U', .........;_.........0 ..., ........... ~':""''''''''o'' ....y.......LU..O....... L \.l."'llV~. . '.. , Attendance at one Pla)l11ingCommission and one City Council hearing by the Project M~ger. " . , , If the above is acceptable, please sign the ilcknowledgement below and returo to us at' your "earliest convenience: ., ,", . r -"'<. A<lENDAITEM NO.. PAGE:3 OF l-/ u HDR Engin~ering.lnc. 8690 Balboa Ave Suite zOo San Diego. CA 92123-1502 Phone: [8581712-8400 Fax: 18581712-8333 \WM.hdrinc.com n . . . . , . ......: . ' . . . . Please contact!'s shouId you have. anyquestions.concemingthis amendIIlent,particularly. IIDRlooksforwatd to a continuing professional relationship with the City of . . Lake Elsinore. Sincerely, lIDR ENGINEERING; mc ......~........................................................:.................G!i....................................... .. "." ",. - . - ... , . ',. . - " . . ',' -. . - " " . ~127 VI end)'\\' orthey Project Manager Bdty Dehoney . . . Department Manager . . cc: . Mr; LeonardLeichrlitz,LUMOS Communities. . (\ . . Acknowledgeriient: By: RobertA. Brady City Manager . City of Lake Elsinore . Date . . n "HDR Engineering;lnc. . AGENDA ITEM NO. PAGE ~ 'oF':i u 'I \ u u o TO: FROM: DATE: SUBJECT: APPLICANT: & OWNER. n LOCATION: .' . .. . REQUEST " " CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A.BRADY, CITY MANAGER. JUNE 28, 2005 ., ,. GENERAL PLAN AMENDMENT NO. 2005-01; AND . AMENDMENT NO.3 TO THE CANYON CREEK. SPECIFIC PLAN NO. 85-1; AND . TENTATIVE TRACT MAP NO. 32077; AND . MITIGATED NEGATIVE DECLARATION NO. 2005-01 ; I LA STAADAPARTNERS, LLC, 1901 COLLINS_ AVENUE, ORANGE, CA 92867 ' i ' ATTENTION: RICK SHEDORE " NORTHEAST OF INTERSTATE 15, APPROXIMATELY., . ONE MILE', WEST, OF CANYON LAKE, WEST., OF~, ' SUMMERHILL.DRIVE, SOUTH' OF GREENWALD AVENUE" 'SOUTH OF. THE, EXTENSION OF LA STRADA ROAD, ADJACENT TO THE TUSCANY HILLS - ' COMMUNITY TO THE EAST, AND KNOWN AS ASSESSOR'S PARCEL NO, 363-020-008. . '\ . .r , (, . Approval to change the General Plan Circulation Element roadway classification of La Strada Road from "Major" to "Modified Secondary," -.\: . Approval'ofvariousrevisions to the Canyon Creek Specific Plan pertinent ',to, Planning Area 2, to be called ,"La Strada.'" , , , , , !- .' Approval'ofTentative.Tract Map No, 32077 to subdivide 140+ acres of vacant property into' 134 single family residential lots, neighborhood park! recreational facility, water reservoir and basin sites, and approximately 75.5 acres of natural open space. n AGENDA ITEM NO. J..\ ' PAGE I OF 51 REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE20F4 u . Adoption of Mitigated Negative Declaration No. 2005-01 prepared for the project. These applications are pursuant to Title 16 - Subdivisions and Title 17 - Zoning, Chapter 17.84 - Amendments, and Chapter 17.99 - Specific Plans, of the Lake Elsinore Municipal Code (LEMC), and the State of California Subdivision Map Act. The project complies with the California Environmental Quality Act (CEQA) per Section 21080(c)(2), the Public Resources Code per Section 21000, and the California Administrative Code per Section 15000. , / BACKGROUND At their regular meeting of June 21, 2005, the Planning Commission unanimously adopted Resolution Nos. 2005-58 thru 2005-62, recommending ,that City Council approve General Plan Amendmerit No. 2005"01, Amendment No.3 to the Canyon Creek Specific Plan No. '85-1, Tentative Tract Map No. 32077, with 115 Conditions of Approval, adoption of Mitigated Negative Declaration No. 2005-01, arid adoption of Findings of Consistency with the U Multi"Species Habitat, Conservation Program. A' copy of the Planning Commission Staff Report is Attachment 8 to this Council Report. Due to the back-to-back hearing schedule for this case, Planning Commission Minutes are not available at this time. ' The Commission heard testimony from a single resident of Tuscany Hills, Mr. Larry D. Hall. Mr. Hall thanked Staff for providing information to him earlier in the afternoon, but he still had concerns regarding traffic, schools, and. the visibility of the onsite water facilities. He requested the Commission to slow down the processing of this case. , " , , Chairman LaPere asked City Manager Brady to update the Commission regarding the progress of road improvements to the intersection of Railroad Canyon Road and Interstate 15. Upon hearing the details of both the interim and long-term improvements, Chairman La Pere closed the public hearing. The Commissioners all indicated that they were pleased with the project, and the' Chairman,called for motions to approve; which were passed unanimously. i ~ ' , . u ,11," AGENDA ITEM NO. PAGE .2.J OF Rl 57 n (\ n REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE30F4 FISCAL IMPACTS I.'.. A Fiscal Impact Report (FIR) was prepared for this project by David Taussig & Associates, Inc., dated December 6, 2004. The Report states'that the project is expected to be developed relatively quickly, and build out is anticipated for the year 2006: The Report assumed an average market price of $550,000 per unit The Report concluded that the project is anticipated to have a net positive fiscal impact on the City, generating an annual fiscal surplus to the City of approximately $395 per unit at build:out,or$52,930 annually. This fiscal surplus is generated in large part due-to the , transfer of Community Facilities District revenues and Lighting and Landscape :Maintenance Districi revenues into the General Fund, as well as the project's ,location outside of a redevelopment area, ensuring that a greater share of the one percent property tax accrues 'to the City. ' ENVIRONMENTAL DETERMINATION In accordance with Section 15063 of the State of California Enviromnental Quality Act (CEQA) Guidelines, 1m Initial StiIdy'was prepared to provide the City with information to use as the basis' for determining whether an Environmental Impact Report, Negative De'claration, or Mitigated Negative Declaration would be appropriate for providing Jhe n'ecessary environmental documentation and clearance for this project This Initial Study determined that the proposed project will result in potentially significant environmental impacts that will be mitigated to "less than significant" levels and therefore, a Mitigated Negative Declaration is deemed as the appropriate document' A Mitigated Negative Declaration will 'provide necessary environmental evaluations and clearance, and recommend mitigation measures, required to reduce any potentially significant impact to a level ofinsignificance, . ,. -', . ., , '., ' A Notice of Intent to Adopt a Mitigated Negative DeClaration was filed, and a Notice of Completion & Environmental Docllment Transmittal was circulated to interested entities, fora 30-day revie'Y period. Four agenci'es'responded, and in an effort to provide the Planning-Commission and ,City Council with all available information regarding - this project,'a, Response to, COI)1ments was prepared. Mandatory Findings of Significance are detailed below, and a copy of the Initial Study; Mitigated Negative' Declaration, 'Mitig,ation Monitoring AGENDA ITEM NO. CL \ PAGE ..3 ' OF 57 REPORT TO CITY COUNCIL JUNE 28, 2005 PAGE40F4 Program, and Response to Comments are included m this Staff Report as U Exhibits 'B' and 'C.' RECOMMENDATION The Planning Commission recommendsthat.City Council approve the following applications, based on the Commission Findings and subject, to attached Conditions of Approval and Exhibits: . 1. Adopt Mitigated Negative Declaration No. 2005-01 and the Monitoring Program thereto, prepared for this project. 2. Adopt the Findings of Consistency with the Multiple Species Habitat, Conservation Plan (MSHCP) 3. Approve General Plan.Amendment No. 2005-01. 4. Approve Amendment No.3 to the Canyon Creek Specific Plan No. 85-). 5. Approve Tentative Tract Map No. 32077. PREPARED BY: CAROLE K. DONAHOE, AICP, PLANNING,CONSUL T ANT U APPROVED FOR AGENDA BY: A TT ACHMENTS: I. 2. Exhibit 'A' - Vicinity Map Resolution for Adoption of Mitigated Negative Declaration No. 2005.-0 J .;. a. Exhibit 'B' - Mitigated Negative Declaration No. 2005-01 and . b. Exhibit 'C' - Mitigation Moriitor;ng & Reporting Program ' (Separate Cover) .' Resolution for Findings of Consistency with the MuJtipleiSpecies -r, Habitat Conservation Plan Resolution for Approval of General Plan Amendment No. 2005eO I . a.' Exhibit '0' - General Plan Amendment No. 2005-0] Resolution f~r Approval of Amendment No.3 to the Canyon Creek Specific Plan No, 8~-1 a.. Exhibit 'E' - Canyon Creek Specific Plan . Amendment No: 3 :. La Strada . Resolution for Approval o[Tentative Tract Map No.. 32077 a. Conditions of Approval for Tentative Tract Map No. 32077 b. Exhibit 'F' - Full-sized Tentative Tract Map No. 32077 . c.', . Exhibit 'G"- Reduced colored TIM 32077' . Exhibit'H' - Camino del Norte Project CFD'Improvements Planning Commission Staff Report of June 21, 2005 U 3. 4. 5. . (Separate Binder) c 6. 7. 8. (Enclosure) (Enclosure) (Information only) AGENDA ITEM NO. .;L\ PAGE..i:- OF .$1 ('\ VICINITY MAP GPA 2005-01 - SPA 85-1 AMENDMENT 3 - TTM 32077 LA STRADA ...... ,;-' t:)\~"'ijBI'r .! . . .0 'AI AGENDA ITEM NO. J- \ PAGE 5 OF 51 "" RESOLUTION NO. 2005- u A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MIITIGATED NEGATIVE DECLARATION NO. 2005-01 AND THE MITIGATION MONITORING PROGRAM THERETO, FOR GENERAL PLAN AMENDMENT NO. 2005-01, AMENDMENT NO.3 TO THE CANYON CREEK SPECIFIC PLAN NO. 85-1, AND TENTATIVE TRACT MAP NO. 32077, ON APPROXIMATELY 140:tACRES LOCATED NORTHEAST OF INTERSTATE 15, APPROXIMA TEL Y 'ONE MILE WEST OF CANYON LAKE, WEST OF SUMMERHILL DRIVE, SOUTH OF GREENWALD, AND SOUTH OF THE EXTENSION OF LA STRADA ROAD, ADJACENT TO THE EXISTING TUSCANY HILLS COMMUNITY TO THE EAST, AND KNOWN AS ASSESSOR'S PARCEL NO. 363-020-008. . . WHEREAS, an application has been filed with the City of Lake Elsinore by La Strada Partners, LLC to change the roadway classification of La Strada Road, to amend the relevant specific plan, and to subdivide approximately 140:t acres of unimproved property into 134 residential lots, a neighborhood park/recreational facility, water tank U and basin sites, and seven (7) open space lots; and WHEREAS, General Plan Amendment No. 2005-01; Amendment No.3 to the Canyon Creek Specific Plan No. 85-1, Tentative Tract Map No. 32077 and Mitigated Negative Declaration No. 2005-01 togethe~ comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), and the California Public Resources Code Section 21000 et. seq. defines them as an activity which may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and which includes the issuance to a. person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and' . WHEREAS, Mitigated Negative Declaration No. 2005-01 has been prepared to evaluate environmental impacts resulting from the project; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on June 21, 2005, made its report upon the desirability of the proposed project and made its recommendations in favor by adopting Planning Commission Resolution No. 2005-58 recommending to the City Council adoption of Mitigated Negative Declaration No. 2005-01; and () ,;2\ AGENDA ITEM NO. PAGE (0 OF 57 n RESOLUTION NO. 2005- MITIGATED NEGATIVE DECLARATION NO. 2005~01 JUNE 28, 2004 PAGE 20F3 ": " '.'., " -' WHEREAS,. publk 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 June 28, 2005; " ' ",,,,' ';' ,,'. ; '.' 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 Mitigated Negative Declaration prior to making a decision. Pursuant to Section 15063, of the California Environmental Quality Act (CEQA), it has been determined that: (\ L The proposed project is located within and contains habitat suitable for several listed species that would occupy Riversidian coastal sage scrub. The project site is located within the Riverside County Multiple species ,Habitat Conservation Plan (MSHCP) area and has been reviewed by Riverside County and the Riverside Conservation Authority (RCA). The project will set aside 755 acres of the project site for permanent retention in accordance with MSHCP requirements. Based on approval 9f this mitigation, theprojec,t will not cause either project specific or cumulative unavoidable significant'impacts on biological resources as outlined in the CEQA Guidelines. j, ' 2. No cumulative environmental impacts have been identified in association with the proposed project that cannot be mitigated to a less than significant impact level. " Potentially significant cumulative effects are reduced to a less than' significant impact level for biological resources, air quality and traffic. 3. A number of project impacts were identified as having a potential to significantly impact humans, either directly or indirectly. Noise, traffic, air quality, and geology impacts all pose a potential for adverse impacts to humans, but mitigation measures have been established to control these impacts to' aIess than significant' impact level. With implementation of the identified measures, the proposed project is not forecast to cause significant adverse impacts !o humans. ,All such impacts are avoidable and the City will ensure that measures imposed _ to protect ' humans are implemented, ' ' (\ AGENDA ITEM NO. PAGE 7 OF .;Ll 5'1 RESOLUTION NO. 2005- MITIGATED NEGATIVE DECLARATION NO. 2005"01 JUNE 28, 2005 PAGE 30F 3 u SECTION 2. PURSUANT TO THE ABOVE FINDINGS, the City Council of the City of Lake Elsinore: DOES. HEREBY" RESOLVE that Mitigated Negative Declaration No. .2005-0 I and the Mitigation Monitoring Program thereto are complete and .adequate and provides appropriate environmental documentation for the project, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the. City's environmental clearance procedures -' ,~ ! .' ! .j; 1 !; ,;"'.', ! V ; . lli PASSED, APPROVED AND ADOPTED, this 28 day ofJune, 2005 by. the following vote: AYES:. '" , COUNCILMEMBERS: COUNCILMEMBERS: ',: . , , NOES: '.: 'I ABSENT:COUNCILMEMBERS: ,;,; , I ,':~ > . ." [w' c, ,;'i ABSTAIN: . COUNCILMEMBERS: u .' " ~ " , '( " <", Robert E Magee, Mayor City of Lake Elsinore '" "'il ,,' ": ATTEST: , . ; . ". 't )" d ' ,. '., ' ,,'_'1 )11. 11'''''<) Frederick Ray, Interim City Clerk .J d_" .,' ;.' . ,.,.",' APPROVED ASTO FORM: ..., . ~ . ,-.r, "I . .,( ._,:'. Barbara Leibold, City Attorney" , . , 0' " (SEAL) u AGi:.NiJAITEtvl NO. .Q.. \ PAGE 3' OF 5"1 n RESOLUTION NO. 2005~~ ,~ . ,L' , .~ i: A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, . ADOPTING ,FINDINGS OF.. CONSIST;ENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION, PLAN (MSHCP) FOR THE PROJECT KNOwN' AS GENERAL PLAN AMENDMENT . NO. 2005-01, AMENDMENT NO. 3 TO THE CANYON' CREEK SPECIFICPl.!\N.NO. .85-1,AND TENTATIVE TRACT MAP NO. 32077, LOCATED AT~N363~020-ilQ8. , , ~ '.' \ ' \', . . ~ . ,WHEREAS, La Strada Partners, LLC has submiited.applicati~n's f(}rGenerai Plan . ," ,_ ..',.. \ "_ ; '" . . '.t,', ',' Amendment No. 2005-01, Amendme~t No.3 to the Canyon Cr~ek Specific Plan .!',o: 85-1, and Terytative Tract Map No. 32077, lo~ated northeast of Interstate 15;, apprOlcimately one inilewest of Canyon Lake, west. o(S';minerhill 'Driye, south 'of Greenwald; and south of the ~xterlsi(}n of La Strada Road, adjacent to Tuscany'Hills to the east,ind knoWn as Assessor's Parcel' Number 363- 020-008' ..' "',, . ,,' . " ' . . , , . . (', WHEREAS, General Plan Amendment No. 2005-01, Ame;'dfuent No, 3 to the Canyon Creek Specific Plan No. 85-1, and Tentative TractMap No. 32077 together comprise the "project" . as defined by Section 21065 of the California En~onmental Quality Act (CEQAj, Califorci~'Public Resources Code ~ 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably. foresee~ble indirect physical change in the . ,\ ..-. ,- .,' ,.. .' -, .. "', < , enVIronment and which includes tlIe issuan,ce to ,~ perso~ sfa lease, permit~ licens~, certifIcate, or other entitlement for use by one or more public agencies; . c"t.", :.. -'" ",;. ,. ,r. - ," " i.!." _"- . 1 :,' --;._' WHEREAS, a MiiigaiedNegative Declaration for the' subjectprojed has been prepared to evaluate environmental impacts resulting with the project; , ': ,', WHE]lliAS,'th~ Pl~n~g. 2~nk;i~,si;'n 9fih~ Citi.o(Lake Elsinore'at ~ ~eguia;'meeting held ~)U June 21, 20~5; made its ~eport upo~ t"~desirabilirY of the proposed proj~ct a,!? made its recommendation in, favor by .adoptingPlan~g Co~ssion Resolution No. 2005-59 .,' .,.., '\ ',' ..,',-..' ,,',' -. ':-, . '. . . recommending to the Ci1): .Copncil adop~~n of ,Findings. <;>f C9nsistency with the Multi-~pecies . , .' \. <' .... ,. -.' \"" -. . Habitat Conservation Plan for the project; " . , '. . ' '; _. ~, '. ,"',:_ '-, , " ,'''' f , ,{ "', - t . WHEREAS, public'n~tice C;{'said project has beengiv~~, and the City :i:::o'!ncil has considered evidence presented by the Community Development Department and other int~rested parties at a,public hearitJg held with respect.to th,is item on June28, ;W05; " " " - ,-". . ,- " ""'.. ,.' '. '? '-'" ,,' , " .. ,', . ", ,.+:.,. ',' '. - NOW THEREFORE"the" City Council of the RESOLVE as follows: L ' '. " City 'of Lake EI~0;'re ~OES.i-IEREBY . . ' SECTION 1. The'City c';uh~il has c';,{sidered tlie'proposed Ge,{er~I PlanAin'e,{dfuen~ No. 2005_01, Ame,ndlJ1~nt No.. 3 to the Canyon Creek Specific Plan No. 85-1, and Tentative Tract Map No. 32077, The City <;:ouncil fmds and .~etermines that the\project known, as "La Sirada'''i~ " . , ,., . , ~ . . ,. - , . -,., -- (', AGENDA ITEM NO. PAGE q OF 'Jv\ 51 CITY COUNCIL RESOLUTION NO. 2005-_ MSHCP CONSISTENCY PAGE TWO u consistent with all of the required procedures, policies, guidelines and provi~ions of the MSH CP based on the following findings:' " ., MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under,tll~:City's MSHCP Resolution,and the City must make an MSHCP Consistency finding before approval.' "'", The proposed project n!quim a number of discretionary approvals from the City and is subject to C~QA n!view. Pursuant to the City's 'MSHCP Resolution, the projecrinust be n!viewed for MSHCP consistenry, co~sisiei1i With the Protectioito!.Species Associated with Ripaiian/RiverineAre.as and Vernal Pool Guidelines (MSHCP, $ 6.1.2),' Protection OJ Narrow EndemiC Plallt Sp~cies Guidelines (MSHCP;J .' .' ,-,' - .' " - " - ..,. -, '[ . ' 6.1.3), Addition,al Survey . Needs and Procedures (MSHCP, $ 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, $ 6.1.4), Vegetatio,!' Mapping (MSHCP, $ 6.3.1) 'mjuiremeitts, Fuels, Management Guidelines (MSHCP, $ 6.4), and p'!)lment 0/ the MSHCP Local Development Mitigation Fee (MSHC~ Ordinance, $ 4). .. , . . \ ,r !,' I . ! \, . ~i' J.'\ ',. ,- . . . 2, ,The pr6posed'proj~ctissubject ,to the (::ity's LEAP and the County's Joint Proj~c't Review' '. ;' ( '. i' ," ',."" ; processes. ' '. The project site if 'within (;e1l44 5(;'0/ Cell G,:Qup 'B' in Subunit 5 Of the Lake Elsinon! Area Plan, and U ihefefon!, subjed t~ 'the City's' LEAP 'cmd theCounty 's j oi!,! Project &.view processes. ", , , ','-, ';:.f ,"!)" '. ", " "1" , 3. 'r~d~:.~;sed project is. co~~istent with the, Ripari~n/Riverir,'e A~~~s and VTrnal Pools ':.'i;' :1:' ',:; No vernal pool/ fairy shrimp h~bitat occurs onsite. Impacts would mulfto approximately 0.1 am 0/ Jouthem willow scrub as part Of the La 'Strada Roadonsite. tonstT1ictiOl/jThe proposed project will be conditioned to prepan! a'Determination 0/ Biologically' Eqitivalenior Supenor,'pmervation' (DEBSP) ; . analysis for review. and approval by the City prior to obtdinir{ga gradingp~rmit for the Pnveci. Theproposed project is thmjore consistent with the Ripariim/Riverine AFeasand Vema/Pools Guidelines. ' " .-~! .' '.-, . ~' : j" , 4, The proposed p~oject is consistent with the Protection, of N~rrow Endemic Plant Species Guidelines.' .' , " ", ,"',";', 'C' ", ... ',' ", .., ,: . "';'1.;.1" '..:, , .1.' il ',' "", ',' ,'- " I' :' "-.,, I,' -j .. _ 'l'-' - . The project site does not fall within the Narrow Ehdetnic Plant Species Su'rveyAreas. Therefore, habitat " asses~ments and/or focused surveys an! not n!quin!d for Narrow Endemic Plant Species" The proposed proj~ctis therefon! consistent with the Protdction o/NarroU; Ende;Hic Plal;t Species Guidelines:, "" ' .l:! 5, The proposed project is consistent with the Additional Survey Needs and Procedures. '/ - ,', o' ,- _, : ; l,' _,' ,r,l, i'. ! . _.' ;" - _ ! "', ',. , Th~ project site falls within the Burrowii1g~OU:1 S urvry Area. A b~rrowing owl survej has. been conducted by ., HEUX EnvironmeniaiPlanning,In~ ';'ithnegdtiiJeTY!Sult/Thep1YJjei:tistheref~re consistent with the ~ U AGENDA ITEM NO. PAGE 10 OF ~\ 57 ('\ CITY COUNCIL RESOLUTION NO. 2005-_ MSHCP CONSISTENCY PAGE THREE Additional Survry Needs fuquirements. No other Criteria Area Species (NEPSSA) or Narrow Endemic Species (C4SSA) survrys arc required, and all NEPSSA and C4SSA requirements have been met. , . 6. The proposed project is consistent with'the'Urban/Wildlands Inte~fice Guidelines. ' The following' measures will be implemented by the project to minimize the identijied potential indirect impacts, including: . . _ . i . All project runlJjf will be treated priorto exiting Ihe site to reduce toxins: ' . -' .. , '-'. '. . , . , . . Detention basins proposed within the project footprint will ensure that there is no increase in flows from the Proj~ft int~ MSHCP Conservation Areas, ' . All project lighting wil/be ;'quired to be ;electively placed, di;'cted and shielded awqy from preserved habitats. ' In. addition, large spotlight-type backyard,iighting directed into conserved habitat will be prohibited. ' , . , ('\ No plants included in Tf!ble 6-2 of the MSHCP will be used anywhere onthesite,and only ,native species will. be planted adjacent to open space areas. A list of prohibited species will be provided to ,homebnyers. .' . The proposed project, hai been designed 'sd that no additionai take of conse'rved habitat will be . necessary for fuel modijication purposes. ,. . .'. , . . Manufactured slopes associated with the proposed site development will not extend into the MSHCP conseroation area. The proposed project is therefore consistent with the Urban/Wildlands,Interface Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements, The ~egetation of the entire project site has been mapped consistent with MSHCP mapping protocol and has been provided in digital format to the City. This mapping is sufficient under the MSHCP and is consistent with the MSHCP vegetation mapping requirements. " ,',". - 8, The proposed project is consistent with the Fuels Management Guidelines. ('\ The proposed project has been designed to include landscape buffers on the western edge of the development boundary near the proposed MSHCP Conservation Area that will serve a~ Fue/Modijication Zones to the residential development, Within these areas there will be }ire-resistant, non-invasive plants that have been utilized from the list contained with the MSHCP Ordinance and have been reviewed by the City's Fire , , '-"" '. - ',- , Department. All fuel management areas occur outside of the MSHCP Conserv,ation Arra. Accordingly, with these measures, the proposed project is thercftre consistent with the Fuels Management Guidelines. AGENDA ITEM NO. PAGE /I OF ~t 57 CITY COUNCIL RESOLUTION NO. 2005-_ MSHCP CONSISTENCY U PAGE FOUR 9. The proposed project will JJe conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition 0/ approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fcc at the time 0/ issuance 0/ building permits. Jhe current fee for residential development with a . density 0/ less than 8.0 dwelling units per acre is $1,651 perdu;elling unit. This is consistent with the MSHCP Mitigation Fcc requirement. 10. The proposed project overall is,consistent with the MSHCP:. . The MSHCP shows that the Prolect site is within Cell 4456 o/Cell Group B' in Subunit 5 o/theLake Elsinore Area Pla~. Conservation within this Cell Group is intendei to contribute to the assembly 0/ Proposed Linkage 8. Conservation within the Cell Group will focus on chaparral, coastal sage scrub, and grassland habitat. Areas conserved with the Cell Group will be connected to coastal sage scrub and chaparral habitat proposed for conservation in Cell Group A' to the north and Cell. Group C' to the south. Conservation within' the Cell Group will range from' 70 to 80 percent 0/ the. Cell Group, focusing in the eastern portion 0/ the Cell Group. Because the eastern side 0/ the property to the norih would be developed, conservation 0/ the extreme eastern portion 0/ Cell Group withinivhich the La Strada project is located would not contribute to connectivity to the north. In retaining the northwest to southeast connectivity, the most effective way to maintain connectivity is to U shift conservation in Cell Group B' toward the central portion 0/ the Cell Group. Locating development in the eastern portion 0/ the Cell Group (adjacentto existing development to the cast and proposed development to the north) would also minimize the amount 0/ edge between development and the Habitat Preserve. The proposed development configuration would provide connectivity to existing Habitat Preserve in the central portion 0/ the Cell Group to the south (Cj and narrows toward its southern end to maximize connectivity to lands that may be conserved in the extreme eastern portion 0/ Cell Group C'in the future. The proposed project configuration would prcserveapproximately 75.5 acres 0/ Riversidean sage scrub. Based on the configuration 0/ the conservation as described above, the project addresses the relevant biological issues and considerations 0/ the subunit by: . ',' . . . Providing a northwest-southeast connection along the hills between Estelle Mountain and S edco Hills, including potential linkage habitat for coastal California gnatcatcher; . Providing core and linkage habitarJor the bobcat, Stephens' kangaroo rat, and Quino checkerspot butterfly. . , - . . , \ Thus, the project provides effective conservation on the project site to meet the. biological issues and considerations 0/ the MHSCP, and the project is therefore consistent with the MSHCP. P-I . 11. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may' have significant effe'ct on the environment: U AGENDA ITEM NO. PAGE I:L OF ,;t\ 51 n (\ (\ CITY COUNCIL RESOLUTION NO. 2005-_ MSHCP CONSISTENCY PAGE FIVE SECTION 2. PURSUANTTO THE ABOVE FINDINGS, the City Council of the City of Lake Elsinore, California, DOES HEREBY'RESOLVE that General Plan Amendment No. 2005- 01, Amendment No.3 to the Canyon Creek Specific Plan No. 85-1; and Tentative Tract Map No. 32077 are consistent with the Multi-Species Habitat Conservation Plan. PASSED, APPROVED AND ADOPTED, this 28" day of June, 2005 by the following vote: ,~, ' .. AYES: COUNCILMEMBERS: COUNCILMEMBERS: '. .. ,.! , . NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAIN: . ,'1. Robert E:,Magee, Mayor City of Lake Elsinore ATTEST: ,", . Frederick Ray, Interim City Clerk .' APPROVED AS TO FORM: ! :.' Barbara'Leibold, City Attorney' . (SEAL) .;. AGENDA ITEM NO. "PAGE /3 OF :, ;2,\ 57 RESOLUTION NO. 2005- . u A RESOLUTION OF THE CITY COUNCILL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2005-01, CHANGING THE CLASSIFICATION OF LA STRADA ROAD ON THE GENERAL' PLAN CIRCULATION ELEMENT, FROM "MAJOR ROADWAY" TO "MODIFIED, SECONDARY ROADWAY" FROM . SUMMERHILL DRIVE . TO FRANKLIN STREET. WHEREAS,' La Strada Partners, LLC. Has initiated proceedings to change the General Plan Circulation Element roadway classification of La Strada Road from "Major" to "Modified Secondary," at its terminus with Summerhill Drive and southwesterly to Franklin Street; and WHEREAS, Section 6536](a) of the Goyernment Code provides that no mandatory element of a General Plan shall be amended more frequently'than four times during any calendar year; and WHEREAS, the Planning Commission of the City of Lake ,Elsinore at a regular meeting held on June 2], 2005, made its report upilIl the desirability of the proposed project and made its recommendations in favor of General Plan Amendment No. 2005-0] by adopting Planning Commission Resolution No. 2005-60 recommending to the City U Council approval of General Plan Amendment No. 2005-0 I; 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 June 28, 2005; 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 General Plan Amendment No. 2005-01, prior to making a decision to approve the proposal to change the General Plan Circulation Element roadway classification for La Strada Road from. "Major" to "Modified Secondary." Pursuant to Section 21080(c)(2) of the California Environmental Quality Act (CEQA), the City Council finds and determines that the ]nitial Study for Mitigated Negative Declaration No. 2005-0] is adequate and prepared in : accordance with the requirements of CEQA which analyzes environmental effects of the proposed project. ~\ AGENDA ITEM NO. PAGE /4 OF 5"7 U ('1 RESOLUTION NO. 2005- GENERAL PLAN AMENDMENT NO. 2005-01 . JUNE 28, 2005 PAGE 20F3 ., SECTION 2. ThaLin accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code the following findings for the approvar of General Plan Amendment No. 2005-01 have been made as follows: I. The proposed amendment will not be (I) 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, (2) injurious to property or improvements in the neighborhood or Within the City. a. The design of La Strada Road is based upon the Traffic Impact Analysis prepared for the La Strada project by Urban Crossroads dated February 7, 2005. The findings of this study are supported by other traffic studies and documents compiled for. roadways and projects in the surrounding vicinity, including the proposed Camino del Norte project, anticipated to connecUo La Strada Road from the south. ('. . 2. The proposed amendment will be consistent with the latest General Plan. a. Development in the vicinity of this project have been resubmitted or approved with reduced densities, such as the east portion of the Ramsgate Specific Plan, and the north portion of the Tuscany I:I:ills Specific Plan. The overall reduction in vehicle trips can be accommodated by the proposed La Strada Road. b, Development in the vicinity of this project have been affeCted by the Multiple Species Habitat Conservation Program (MSHCP). As an example, the La Strada project is donating approximately 75.5 acres of natural open space for conservation, The proposed La- Strada Road accommodates and enhances this effort towards conservation.. The construction of La Strada Road through the conservation area IS a "covered activity" Within the MSHCP. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that the City of Lake Elsinore General Plan Circulation Element hereof be amended for the first cycle in calendar year 2005 to reflect General Plan Amendment No. 2005-01. (1 AGENDA ITEM NO. d \ PAGE /5 OF 51 RESOLUTION NO. 2005- GENERAL PLAN AMENDMENT NO; 2005-01 JUNE 28, 2005 PAGE 30F3 c PASSED; APPROVED AND ADOPTED this 28th day of June 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: " ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS:, - ,; " ATTEST: Frederick Ray, Interim City Clerk' APPROVED AS TO FORM:, Barbara Leibold, City Attorney City of Lake Elsinore .; , f". ,- (SEAL) " '-", " Robert E.Magee, Mayor City of Lake Elsinore .. ,I"~ u u AGENDA ITEM NO. ,~\ PAGE I~ OF .5'1 Legend ,'..,' CITY BOUNDARY ,.('/ FREEWJl.Y \ 'VURBANARTERW.-STATEHWY (6 LANES / 134' RO.W.) /'V URBAN ARTERIAL (6 - LANES / 120' ROW) /'V MAJOR (4 - LANES /106' ROW.)." /'v' SECONDARY (4 - LANES / 90' RO.W.) COlLECTOR (2 - LANES /68' RO.W.) /"v' ONE-Wi\ Y SECONDARY (2 - LANES / 60' RO.W.) '11 Y OF LAKE ELSINOHc RECEIVEO JUN 1 3 2005 PLANNING DEPT. f}: .' ~&~ijQ ;-,~ \ Ii . l~ I~ ....0iW.~.."". - ; s S .. ~-t __~GARD ., --- I' . / lIiIiillillillliilli.lliilIlio__faillI. Existing City of Lake Elsinore Circulation Element - 1990.General Plan f'lgend ,"'.' CITY BOUNDARY /'-v' FREEWJl.Y '" URBAN ARTERIAL-STATE HWY (6 LANES /134' RO.W.) /'V URBAN ARTERIAL (6 - LANES /120' ROW.) /'V MAJOR (4 - LANES /100' ROW) /'v' SECONDARY (4 -LANES /90' RO.W.) /V MODIFIED SECONDARY (4 - LANES / 90' ROW) /'v' MODIFIED SECONDARY (4 - LANES / 68' RO.W.) /'.j COllECTOR (2 - LANES / 68' RO.W.) /'-v' ONE-\IIlAY SECONDARY , , . (2 -lANES / 60' R.O.W.) . , $ . ". lI&:.r~ilW;~ "* ,"'- \ i , I~ I~ .'~.-"i\ ~ . .. Q;'i EXHIBIT , D " l1.1:. __~~ARD .". --- I' (""1 Proposed General Plan.Amendment No. 2005-01 Changing'La strada ROad from A Major Highway to Modified secondary Roadways . . AGENDA ITEM NO, OL( 'PAGE 110F 51 . . PI MO . . O:g Zo ~N III . E~ '1:1., ee III III EE c('I:I e e III III -E Do III u ICe 1~ 1ft!! ..ll:1Il 2! 5i u" 61 ~8. a e . Do ,frY OF LAKE ELSINOh RECEIVEf) JUN 1 3 2005 PLANNING DEPT. ~ ~~~ i II .1 ~ ~ Ii - ~ ~ I ~i I ; ~ s ~ ~. .. @ .~ u il . 11 11 il . ~ ~ ~ I !1i J w ~ !i 0 ro ~.. zU & ~! .1 i i l ill II ~ !!; i I ~ ~ s i I ~ ..... ~ . ~ ; '1:1 !& 8; Vii: iii- Ill!! ..ll:1Il S5i 'Is" b'~ .- CI> UPI m e i )C iii .~ . ... !! . II .. " I ~ /. !:! b ~ b - ~U !:! ~ ~ " II .. . . !! ~ ~ u I~ Ii ~ i . ~J - - '-- - - - Ii ~ .it . - . \I - . .. ~ I " i ... ~ . EXHIBIT u 'O':l.. :L ~. AGENDA ITEM NO. OL \ PAGE II OF ~7 o ORDINANCE NO. 2005- ...., ' " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE-CANYON CREEK SPECIFIC PLAN 'NO. "; 8S-I',' "LOCATED' 'NORTHEAST -' 'OF INTERSTATE'IS, APPROXIMATELY ONE MILE WEST, OF CANYON LAKE, WEST OF SUMMERHILL DRIVE, SOUTH OF-GREENWALD AVENUE, AND SOUTH OF THE 'EXTENSION OF LA STRADA ROAD;' ADJACENT 'f0 THE · EXISTING TUSCANY 'HILLS COMMUNITY TO THE EAST, AND KNOWN AS ASSESSOR'S PARCEL NO. 363- '020~008~ ".. ,,,, . "l! <, ,i '. ,;; ,I', , '. J WHEREAS, an application has been filed with the' City of Lake Elsinore by La Strada Partners, LLC to amend the Canyon Creek Specific Plan No. 85-1; and , ':i' I" 1-.- ',', .,' (\ WHEREAS; the Plaiining Comriiission 'of the' City of Lake' Elsinore at a regular meeting held on June 21, 2005, made its report upon the desirability of the proposed project and made its recommendation'in'favor ofl\mendnient No.3 to the Canyon Creek Specific Plan No: 85-1 by adopting Plaimirig Coinmission Kesohitiort No, 2005-61 recommending to the CitY Council approval of AmendmentN6. 3 to the Canyon Creek Specific'Plan; 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' J>ublic hearing"held withrespectwthis item 'on June 28, 2005' ' ' ,: .... :.,;, . " .'. j , . .." . , " NOW THEREFORE,' the' City 'Co~cilof the City' of ' Lake Elsinore: DOES HEREBYRESOLVEaSfollows: .". .. SECTION 1. The City Council has considered proposed Amendment No.3 to the Canyon Creek SpeCific Plan No'. 85-1 prior making 'a deCision, The City Council adopts the Mitigated Negative DeClaration prepared '[or this project, by determining that the Initial Study is adequate and prepared in accordance' with 'the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project..,,'/ , l '.,' "i .'), ". ". , ", , , SECTION 2. That in accordance with State Planning and Zoning law and the City or-Lake' Elsinore' Municipal Code; the following'ifindirigs for' the approval of Amendment' No. 3'to'the caiiyon'Creek Specific Plan Noi 85':Phave been made as follows: . (\ AGENDA ITEM NO. PAGE /1 OF ~\ 57 ORDINANCE NO. ., AMENDMENT NO.3 TO CANYON CREEK SP JUNE 28, 2005 PAGE 2 OF4 u I. The locati<in.and ~esign of the proposed developm~ni is consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City, or in the process of being prepared and.adopted. a. . The General Plan supports the development of the Canyon Creek Specific Plan, which has been partially constructed. The proposed Amendment has been reviewed and c<mditioned to enhanc.e and update the original Specific Plan. b. The pro~osalhas been dedigned'to support the objectives ~f the' Multi-Species Habitat Conservation Plan recently adopted by the City, by donating approximately 75.5 acres of natural open space within its boundaries that link , . habitat .to the !lorth,an~ ~outhwest of tJ:1~project site. ." --: -' :_' " '., , , "' 2. The proposed location allows the development to be well-integrated with or adequately buffered fn?mits surroundings"whilihevermay beJhe ca,se. . .' '. :",1 ; l \ ~ .)-, t,o" a. The. proposed Amendmenl ;integrates development, of Planning Area, 2 of the , . Specific Plan ,with the existing community of Tuscany Hills, by extending a vital roadway, by ,he provisioll of.additional infrastructure facilities and by introduli.ing U a unique, gated community of quality architecture, amenities, landscaping and monumentation, -~; : ., {, "., . .l f ,b, ,.The proposed Amendment provideila buffer. betw~e.n the existing Tuscany Hills community and ths: La, Str!lda hOl!les with the pr<;>vision, ,of landscaped open space. along its eastern boundary that ranges in width from nearly 100 feet to 350 feet. 3.. All vehicular .traffi~ gener'\ted bY,thedevel.opment, eitht;r in pJ:1ased increments. or at full build-out, is to be accommodated safely and without causing l;IDduec<;mgestion ,!. upon adjoining streets. . . ,! .~' i .' ,., '... , . ' , J : . a. A Traffic Impact Analysis.,was.prepared for this project by Urban Crossroads dated February 7, 2005, and the project has been conditioned to implement the. recommendations,set forth illtheAnalysis:: ",:. ii'..:" ':. ' . . ._,. , .' .. I' .-.. ," ,", '. b. Furthermore, the City's Traffic Engineer has required that additional circlJiation measures be imposed upon the project. " . . , . l,.' . ., . . . ,; , ; L~:;:r c. The project has been conditioned to utilize Greenwald an<l Bella.yista if available,. ,as access, for construction vehicles, to avoid entering existing Tl!scany. Hills'. . neighborhoods.' . . U AGENDA ITEM NO. J.. \ PAGE ~O OF 5"1 n n n \ ORDINANCE NO. AMENDMENT NO.3 TO CANYON CREEK SP JUNE 28, 2005 PAGE 3 OF4 4. The Final Specific Plan shall identifY a methodology to allow land uses to be adequately serviced by existing or proposed public faCilities and services. , ,.. . .' . . a. The proposed Amendment has been review and 'conditioned to provide adequate public services to the site. . b. The proposed Amendment provides a neighborhood park, pedestrian pathways, and a recreational facility for its residents. '. '.., . . . ) 5. The overall design of the Specific Plan shall produce an attractive, efficient and stable development: ' ," .' ", . .7., .Il" .' , , a. The proposed Amendment will allow the construction of compatible residential units in a design that promotes neighborhood :identity and "Great Neighborhood" design concepts, such as outdoor rooms or courtyards, offsetting garages, curb- separated sidewalks, cantilevered or recessed.second 'stories. '; . . b. The proposed Amendment will provide.recreational,amenities and'naturalopen space for its residents. l.. l.. ' " ,"'. ," 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non-significance. a. The Initial Study ~ identified several' significant environmental effects resulting from implementation of the project: > However, these significant effects can be fully avoided/mitigated through the adoption of feasible mitigation measures. -. I' SECTION 3: This Ordinance shall take effect thirty (30) days after the date of , its final passage. The City Clerk shall certifY as to adoption of this Ordinance. and cause this Ordinance to be published and posted in the manner required by law. > >,:li .., > > NOW, THEREFORE, based on the above findings, the City Council of the City of Lake Elsinore DOES HEREBY APPROVE Amendment No.3 to the Canyon' Creek Specific Plan No. 85-1 per attached Exhibit 'E.' ";' INTRODUCED AND APPROVED UPON FIRST READING this 28th day of June, 2005 by the following roll call vote: ; : ';. AGENDA ITEM NO. .2\ PAGE :/1 OF 5'1 ORDINANCE NO. AMENDMENT NO.3 TO CANYON CREEK SP JUNE 28, 2005 PAGE40F4 u " , ",' .... i .. ~', i.,' . COUNCILMEMBERS: . .- -, . _. " . -. ,- ~., \ 1 " u AYES: >. )" ,NOE~: .', ( CpUNCILMEMBERS:, ." . " ',',; Jt ABSENT: COUNCILMEMBERS: ." , :,' "', ',.' , ' ABSTAIN: COUNCILMEMBERS:. . , "), " ,. ,I) , - ,,:.,;, _' I" , ((,. , ' . " " '. PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of July, 2005, upon the following roll call vote: 1(," .' .)' , AYES: COUNCILMEMj3ERS: ':., I'. f . , .i .'i',: ", i ~ " ,. " NOES: COUNCILMEMBERS:, '. ..' :" ABSENT:" ,COU,NPLMEMBERS:J:ir 'f, . u ABSTAIN: COUNCILMEMBERS: j'" ". ,'"i -J. , . " i! l' " , 'f. !' .,: , , . , Robe~ E. Magee, Mayor City of Lake Elsinore "f. , ' ,.,-, ':' '. "",' ,. ..' ATTEST: iU. '. '. ":OJ' ,...., -.1'J .' Frederick Ray, Interim City Clerk" ,"/': ~ r, ' " ";', " , \1 APPROVED.AS TO FORM: . i' r ;','.' e, Barbara Leibold, City Attorney .. ,." (SEAL) " u AGENDA ITEM NO. ell PAGE dd. OF 51 ("'\ RESOLUTION NO. 2005- I I I i I I A RESOLUTION OF THE CITY COUNCIL OF THE CITY O!,,' LAKE ELSINORE, CALIFORNIA, APROYING TENTATIVE TRACT M~P NO. 32077, A SUBDIVISION OF 134 RESIDENTIAL LOTS, A NEIGHBORHOODPARKlRECREATIONAL FACILITY, WATER TANK AND BASIN SITES, AND AP~ROXIMATEI..Y 75.5 ACRES OF OPEN SPACE, ON APPROXIMATELY 140:t ACRES LOCATED NORTHEAST OF, INTERSTATE 15, APPROXIMATELY ONE'MIILE WEST OF CANYON LAKE, WEST OF SUMMERHILL DRIVE, SOUTH OF GREENWALD, , AND SOUTH OF THE EXTENSION OF LA STRADA ROAD, ADJACENT TO THE EXISTING TUSCANY HILLS COMMUNITY TO THE EAST, AND KNOWN AS ASSESSOR'S PARCEL NO. 363- 020-008. ' . " . "; " " " WHEREAS; all application'has been filed with the City of Lake Elsinore by La Strada Partners, LLC to divide approximately '140:t 'acres of unimproved property into 134 residential lots, a neighborhood park, a recreational faciiity, water tank and basin (\ sites, and seven (7) oP7n space lots; and ~ ' ' , WHEREAS, the PlanningCommissio~ of the CitY of Lake Elsinore at a regular meeting held on June 21, 2005, made its reporlupon the desirability of the proposed project and made its recommendations in favor of the project by, adopting Planning Commission Resolution No. 2005-62 recomtnending to the City Council approval of Tentative Tract Map No. 32077; and WHEREAS, public n~tice of said applic~ti~n h'as 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 June 28, 2005; ,',' ' " ' NOW THE,REFORE, the City Council ,of the City of Lake Elsinore DOES HEREBY RESOLVE as follows; " SECTION 1. The City Council has considered the proposed subdivision, prior to making a decision. The'City Co~ncil adopts the Mitigated Negative Declaration prepared for the project, deteimining that the InitialStudy is adequate and prepared in accordance with the requirements of CEQA which analyzes environmental effects of the proposed project n AGENDA ITEM NO. .:LI PAGE~OF 51 RESOLUTION NO. 2005- TENTATIVE TRACT MAP NO. 32077 JUNE 28, 2005 PAGE20F4 u q SECTION 2. That in accordance With State of C~lifornia Subdivision Map Act, and, the City of Lake Elsinore Municipal Code the, following findings for the approval of ~ Tentative Tract Map No. 32077 have been made as follows: I. The proposed subdivision, together ',with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the GeneralPlan (Government Code Section 66473.5). a. 'The design of the proposed subdivision and densitY of 1.04 dwelling units per acre are consistent with the proposed Amendment No. 3 to the Canyon Creek Spedfic Plan No. 85-1 , and therefore with the General Plan. b. The project proposes single family residential lots ranging in size from 5,000 square feet to 17,600'square feet, with an average lot size of 8,098 square feet. The originally approved Specific Plan called for estate lots in this portion of the Plan. However, the project proposes to donate approximately 75.5 acres of the site for conservation purposes, and has designed a clustered, gated community on the balance of64.5:t acres. 2. The, site of the proposed division o(Jand is physically suitable for the proposed' density of development in accordance with the General Plan., ,. . ' " . . u \ ,( , a, The General Plan encourages clustered development in order to facilitate the conservation of identified ,wildlife corridors and habitat. The project density anddesign is compatible with existing, adjacent residences. " " . . - ,',.. , ,b. The map provides open space areas that protect theriatural topog~aphy and vIews. 3. The effects that' this project are 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. , . . , '. a. The project is consistent with the City's General Plan. During the approval of City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. ' u J.....\ AGENDA ITEM NO. PAGE ~4 OF 57 ,(\ n n RESOLUTION NO. 2005- TENTATIVE TRACT MAP NO. 32077 JUNE 28, 2005 PAGE 3 OF 4 b. The map has been conditioned to annex into Community Facilities District . 2003-01 to offset the annual negative fiscal impacts of the projeCt on public safety operations and maintenance issues .in the City. :.; , c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas 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. 4. The design of the proposed division of land or type of improvements are not likely to cause .serious public health problems. a. Tentative Tract Map No. 32077 is conditioned to comply with. all development standards of Amendment No.3 to the Canyon Creek Specific Plan. These standards have been prepared and reviewed to benefit the public health, safety and welfare. 6. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. . a. All known easements or requests for access have been incorporated into : Tentative Tract Map No. 32077. b. The map has been circulated to City departments and outside agencies, and . appropriate conditions of approval have been applied for their approval during construction. :1.' :. AGENDA ITEM NO. J..\ PAGE ~5 OF .5' 1 RESOLUTION NO. 2005- TENTATIVE TRACT MAP NO. 32077 JUNE 28, 2005 PAGE40F4 NOW, THEREFORE, based on the above findings, the City Council of the City of Lake Elsinore DOES HEREBY APPROVE Tentative Tract,Map No. 32077, subject to lIS Conditions of Approval attached. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: 'i ., ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: . 'I, Robert E. Magee, Mayor' City of Lake Elsinore. ATTEST:, . Frederick Ray, Interim City Clerk ,. .1: 1;'," I I. ... APPROVED AS TO FORM: Barbara Leibold, City Attorney (SEAL) ;}..\ AGENDA ITEM NO. PAGE :U, OF 51 u u () (\ CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077' , A subdivision of 140+ acres into 134 residential lots. a recreational facilitV/neiebborbood park. water basin. and seven (7) open space lots. APN 363-020-008 PLANNING DIVISION - ,', i -'--.' I. Tentative Tract Map No. 32077 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an · extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. Should the developer choose to phase the' final 'map, he' shall comply with' this Condition,' shall' design the phasing 'consistent with Amendment No.3 to the Canyon Creek Specific Plan No, 85-1, and shall comply with the requirements of the SMA.' . . 2. Tentative Tract Map No. 32077 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 unle'ss modified by approved COIiditions of Approval. I,' . ('1 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees; or Agents to attach, set aside, void, or annul an' approval of the . City, its advisory agencies, appeal. boards or legislative body concerning Tentative Tract Map No. 32077, which action is brought within 'the time period provided . for in. California Government Code' Sections' 65009. and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully . with the defense. If the City fails to promptly notify the Applicant orany such claim or proceeding, the Applicant shall not, thereafter, be responsible tei defend,'indemnify, or hold . harmless the City. 4. The City intends to file a Notice of Determinatioh.with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicantshall forWard to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the' amount of$I,314:00 to pay for the cost or such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council.'. 5. The applicant shall comply. with the Mitigation'Monitoring and Reporting' Program (MMRP) adopted for this project, as printed with Mitigated Negative Declaration No. 2005- Ol,unless superceded bythe'se Conditions.' . 6. The applicant' shall.. . fund 'the' implementation of the MMP through every stage 'of . development. The City shall appoint an environmental monitor who shall periodically ('1 Pagel of 14 AGENDA n tOM ..0. 01.1 PAGE ~7 OF 51 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 140+ acres into 134 residential lots. U a recreational facilitv/neil!:hborhood Dark. water basin. and seven (7) ODen SDace lots. - -. . APN 363-020-008 . - . . inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. , 7. This map must comply with the Development Standards for Amendment No.3 to the Canyon Creek Specific Plan No. 85-1. . .'1. 8. The applicant shall sign and ~eturn.an "Acknowledgment, of Conditions" to the Community DevelopmenfDepartment within 30 qays of the. Tentative Tract Map approval by the City Council. PRIOR TO FINALTRACTMAP: 9. The applicant shall comply with all requirements of the Riverside County Fire Department as listed in their transmittal of June 3, 2005. Additionally, the following requirements shall be implemented per Fire Department approval dated June 8,2005: . a. Cul-de-sacs as designed in the map shall be permitted provided that Lots 37 thru 40, 108 thru 118, and 125 thru 128 have fire sprinklers installed, u . . b. Lots '111 thru 116 shall maintain a 50 to 60- foot separation from the rear property line to the residence. , " > , c. Portions of Streets '~A," "B," "C;" and "D" may exceed 9% grade but shall n9t exceed . 14'Yo grade as approved by, the Fire Department. .' , - ., d. The project may utilize Bella Vista and the roadway proposed in Tentative Tract Map No. 25473 asa secondary access road. ," . " ",. e. The plant palette as listed in the Canyon Creek Specific Plan 85-1, Amendment No.3 shall be planted infuel modification zones. _, ,.. ' , .' -' ,'j,. ," 10. All lots shall comply with minimum development standards approved with Amendment No, 3 to the Canyon Creek Specific Plan No. 85-1. Wherever the Specific Plan is silent, the . standards of the RI Single Family Residential zone shall apply.- -' -';( 11. A precise survey with closures for boundaries and all lots shall be provided per the LElyIC, 12. Street names within.the subdivision shall be approved by)the Community Development Director or designee,prior to final map approval... Page 2 of 14, U AGENDA ITEM NO. 1.\ PAGE fU OF 5"1 CONDITioNS OF APPROV ALFOR TENTATIVE TRACT MAP NO. 32077 n A subdivision of140+ acres into 134 residential lots. a recreational facilitv/neie:hborhood park. water basin. and -seven (7) open space lots. APN 363-020-008 13. All of the improvements shall" be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 14. The applicant shall initiate and complete the formation of a homeowners' association approved-by the City, recorded and in place. All-Association documents shall be reviewed . and approved by the City' and recorded, such as the Articles or IncorPoration and Covenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain .or shall coordinate With the appropriate agency approved by the Community . ; Development Director'or his designee. for such niaintenance: . ;! ~ , . a. In the event that the Homeowners' Association fails to meet its:responsibilities' with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and ~.- _ assess the HOA for such service; ',- '; . ' . " n 15. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. ..', 16,' .The-Final Map shall identify downslope's adjacent to streets as open space lots maintained '. by the HOA or as HOA Maintenance Easements. These.BOA ,Maintenance Easements shall ; be planted, irrigated and maintained by the HOA, _ Where such slopes are within MSHCP Conservation areas, the applicant shall confer with the Community Development Director or his designee regarding appropriate methods to re-establish natural vegetation, consistent _' ,with the MSHCP Guidelines. ,', i PRIOR TO GRADING AND BUILDING PERMITS: , '",< , 17. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall.not take place on Saturday, Sunday orany.legal holidays.' 18. Upon violation by the applicant of the City's Noise Ordinance or Condition of Approval # 17, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing With the City a $5,000 cash deposit available to be drawn upon by the City to fund any futuredaw enforcement needs that may'be caused 'by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval # 17. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. (\ Page 3 of l4 AGENDA ITEM NO. .,;Lj PAGEA 9 OF ff '7 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 140+ acres into 134 residential lots. a recreational facilitv/neil!hborhood park. water basin. and seven (7) open space lots. APN 363-020-008 u 19. Prior to ,the issuance of a ,grading permit, the applicant shaIl have a burrowing owl survey prepared 'by a licensed biologist, and submitted to the Community Development Department. 20. Prior to the issuance of a grading permit, the applicant shaIlprepare a Determination of BiologicaIly Equivalent or Superior Preservation (DBESP) report and submit the report to the Community Development Department. ' ' 21. Prior to the issuance of a building permit, the applicant shaIlpay the City's Multiple , Species Habitat Conservation:Plan Local Development Mitigation Fee in effect at that time. The current fee for residential development with a density of less than 8.0 dwelling units per, acre is $1,65LperdweIling unit. 22. The applicantshaIl comply, with the requirements of the .Lake Elsinore Unified School District under the provisions of SB 50, wherein,the owner or developer shaIl pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. "." u '23. The applicant shaIl provide connection to public sewer for each lot within the subdivision. No service laterals shaIl cross adjacent property lines and shaIl be delineated on engineering sewer plans and profiles for submittal to the. Elsinore VaIley Municipal Water District (EVMWD). The EVMWD Service Commitment .Letter dated l2c8-04 is on file for this , tract. 24. AIl storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. '. a. The homeowners' association shall maintain water quality basins, landscaping, 'and open space drainage. ; 25. The developer shaIl submit plans to the ,electric utility company to 'layout the street lighting system. The cost of street lighting, instaIlation, and energy charges shaIl be the responsibility of the developer and/or the Association until streets are accepted by,the City. ' Said plans shaIl be approved by the City and instaIled in accordance with City Standards. ' 26. The applicant shaIl meet all requirements of the providing electric utility company. , . . . .. , , 27., The applicant shaIl meet all requirements of the providing gas utility company. Page 4 of 14 (\ ( .. . .' . . CONDITIONS 'OF APPROVAL FOR " TENTATIVE TRACT MAP NO. 32077 - A subdivision'of 140+'acres inio 134 residential lots. a recr~ation'al facilitv/neil!bborbood park: water basin. and seven (7) open spa~e-Iots;. APN 363-020-008 28. The applicant shall meet all requirements oftheproviding telephone utility company. . ,-l ~", ' 29. A bond is required guaranteeing the removal of all trailers used during construction. ...'. 30. AlIsigriage shall be'subject to Planning Division review and 'approval prior to instaliation. -" \.~.' - , 3 I. Landscape Plans for the tract shall include vegetative screening of retention basins and service roads consisterihvith that depicted in Amendment Nil. 3 to theCanyotr Creek Specific Plan No. 85-1. 32. Any~lteraiionsto the topography;groiind surface, or anyothei site preparati~n acti,;,ity will require appropriate grading permits. A Geologic Soils: Report wiih' 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 Engineeiandthe Plimning Division. Analysis' 6f' impacts ',of"fills and,' cutsgreatt;r 'thlin sixty feet. (60') 'shall be provided. Interim imd permanent erosion control measures are required. The applicant shall' bond 100% for material and labor for one (I) year Jar erosion control landscaping at the time the site is r?l!gh graded. , ' . ." " ", n PRIOR TO DESIGN REVIEW: . " , ;" .... ,I.',' . .,).. " " ,;} J 33, All future structural de~elopmenfass'ociated with'this map reqUires separate DesighReview approval. 34. Elevation drawings for Design Review shall include four-sided architectural features for both thdirst'and secorid'story. the appiicantinay ~submit to the CommuniiyDevelopment Director or his designee; for review ,and approval, 'evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determiriedhy the' Commuriity Development DireCtor cir his 'designee' on ,a case-by~case basis, this'cimdltionmaybe waived. ",:' " . "'" ", , . ''; _.;'1'"' 35. Slopes o~ individual lots that are in excess of three feet in height shall be, installed, landscaped and irrigated by' the developer prior' to the issuance of Ii Certificate of, Occupancy. . ,.' 36. Dowrislopes adjacent tO'streets shall be maintained by the HOA. Lots 21;49,'64,81 arid 86 ' shall provide' landscapeeasemerits to.address thist'equirement. ',~f'" ", <, 37. ,The developer shall interface with the Police Department to address crime prevention recommendations at the site, as noted in their transmittal dated September 14, 2004. (\ Page5ofl4 ' d-.\ Aut;;NDA 11Ei\i; ..0. PAGE .3/ OF 57 CONDITIONS OF APPROV AL,FOR . TENTATIVE TRACT MAP NO. 32077 A subdivision OC 140+ acres into .134 resideDtiallots. a recreational Cacilitv/neie:hborhood park. water basin. and seveii('7) open space lots. . APN . 363-020-008 . () 38. . " .' It' , . '!', ~ t t f:~ ';; . _ . ' . '_" .' ; 1 . , A detailed fencing plan shall be required for review and approval during the Design Review process. : "".~ ,p _,J "",,, -"1:; ; I.'i,,. . ',ll' '..: 39. A. de.t!iiled pha~ing' plan. shall be. required }orreview. and app~qva' during the. D~,sign ;. . Review process. . ,.;/j . ..' . ". . ..., ", -. -., a. . Construction phasing plans shall include the location of construction fencing for each . phase.' . . . .'" '. .... ,. '.. . . b. Construc.tion phasing plans shall indicate primary .and secondary access and the location . ',' " , .',. . .. \' ., , ' J" .. .of all utilities for each phase. .. . ..... . '. ., . .; >. -".' ". ". """ '. ....,." c. C~~stniction phasing plans~hal(bedesigned tq aV9idc~nstructiontraffic Cr.om e~tering ,occupied neighborhoods to t\Ie greatest, extent-possible. For safety pirrp()~es c,onstruction phasing plans shall also be designed such tha.t new;fesidents c~ avoid .traveling,through c(jpstruction areas.. . , ," . '. . ': d. Construction traffic shall avoid entering existing Tuscany Hills neighborhoods to acc~ss U the site whenever feasible. If Greenwald and Bella Vista are open to traffic, , construction vehicles shall utilize these roadways, or provide a Construction Traffic !,lan. for review andllPpr~val.by the (;omIl1':!llity I)evelopment pirector.;, ENGINEERING DIVISION ~., : !' L . ,. ," , " 40. Dedicate full half-width right-of-way f()r La~tradaRoad and trapsition toJullright-of-way , (Modifie4 Secondary Roadway of 90')within(tht)dtl,,:elopable area. , " , _ .' . T ~ I ' , .'. .,.; 41. Dedicate ~1I width,right~of-way .of La Strada Rqa4(Mqdified Se,condary'Roadwax of approximately 68') within the open space area with a tran~itional road wiqth,be.tween th,e. developable and open space areas. 42.' . Dedication Width of La Strada Roa4 shall com~l;' with 'the. ml~igation mea~~~~ described in the final Mitigated Negative Declaration. . . . 43. Construct full half-width road section for LaStrada Road transitioning,tofull width as the roadway alignment diverges from the northerly property. line within the developable, area. The applicant shall pay cash in-lieu of construction for the median. ',I' l.r' -,. '" fj ....1 li' , I,;" 02-) AGENDA ITEM NO. PAGE J~ OF 5"7 u Page 6 of 14 ('1 CONDITIONS OF APPROVAL FOR. TENTATivRTRACT MAP NO. 32077 A subdivision'of 140+' acres into 134 residential lots. . . a recreational faciJitv/neil!bborboodpark.water basin~ and seven (7) open space lots. APN 363-020-008 ' 44. The tract shall provide for the funding of its fair share, 'as defined in the' Community Facilities District (CFD) Special Tax Report or otlier similar agreement, of La Strada Road improvements through the formation of a CFD prior to the issuance of the first Certificate of Occupancy. La Strada Road improvements through the open space area shall include full width improvements (rightcof-way of approximately 68') in accordance with the Modified .secondary Street Section Exliibit agreed upon by the City Traffic Engineer and the'. - developer.'" , ',' " '" If the CFD' does not provide an alignment study for La Strada Road at the time that the 'developer is ready to construct the northern portion of La Strada Road, the developer shall have such an alignment study completed and'subrilittedfor review and approval prior to the submittal of street improvement plans and grading permit. 45. . ~' . c;. 46. The project shall'participate'in the phased construction of the folloWing off-she intersection improvements tmoughpayment of established City of Lake Elsinore fees and participatibn in the Transportation Uniform Mitigation Fees (TUMF) Program, or construction o[off- site facilities under appropriate fee credit agreements: - - . {"'.-.;.; ---",' '" ('\ . I-IS Southbound Ramps (NS) at: ,,'1: Railroad Canyon Road (EW) .;. , .; ";' 2nd Southbound exclusive lefttuni'larie '. ," '. .... Southbound dedicated right turn lane ' . '. , " > ~-, + :~ ",,,' ; .." . I-IS Northbound Ramps (NS) at: Railroad'Canyon Road (EW) , - 2nd Northbound right-turn lane 2nd Eastbound left turn lane 3'd Eastbound through lane ;',; . . . , . . "E" Street(westerliproject driveway) (NS)at:.; La Strada Road (EW) Construct project driveway :.e' . "W" Street (easterly project driveway) (NS) at:.' La Strada Road (EW) . Construct project driveway ., ." ;'. .f"" .,; ,",. j"-':., ',; :.)" , . Summerhill Drive (NS) at: LaStrada.Road (EW) , . , ' ' Construct traffic signal' ., '1,'. . '-. ' "'), n Page'? of 14 k\,.ol...........~" J i ~.., ,,-. .2\ PAGE 33 OF s1 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP,NO. 32077 A subdivision of 140+ acres into 134 residential lots. U a recreational facilitv/neil!hborhood park. water basin. and seven (7) open space lots. . APN 363-020-008.... .. Railroad Canyon Road (EW) .; , , .' , ., ". Southbound shared throug4 right turn lane, , ' E,astbolJlld free right-turn lane . ,.,' 47. The traffic signal at La Strada Road and Summerhill Drive shall be installed and, , operational by the 50th Certificate of Occupancy forthis tract. The applicantis eligible for partial reimbursement from the City should other area projects be required to contribute their fair share of the cost of the signal. " '; , 48. The tract shall participate in the interim improvements to Railroad Canyon Road at the I" 15 , . Freeway. Thep,roject's fair share is 2.3% times $10.15 million, which = $26,450.00., , . : 49.' To ensure construction traffic is managed in accordance with City traffic standards, the ',developer shall submit a traffic control plan, including a suitable route. alignment designation,: for construction vehicles, and obtain approval of the plan prior to initiating' construction. , 50. '):: ." _'J ~ ": ",..:." , ' On-site traffic signing and striping shall be implemented in conjunction with detailed construction plans for the project site..' . , ,.", ; ): ~ i' "',' 1 iLl u 51. Site distance at the project. entrance intersections shall berf.eyiew:ed with respect to standard CaItrans and City of Lake Elsinore sight distance, standards at the time of preparation of final grading, landscape and street improvement plans. .' . . . 52. Coordinate any roadway slope easements that may be required from the adjacent property owner. ',1 :.,., ..: 53. Provide turn-around area outside the project entrance gates. ." 54. Private street grades shall not exceed fourteen percent (14%) or the maximum allowed by the Fire Department. -;" 55. Approaches to intersections shall be at six percent (6%) maximum for a minimum distance of 40-feet on each leg from the intersection. ., , . 56. Landscaping along Street "B" shall be located so it will not interfere with sight distance of drivers exiting their driveways. 57. Provide storm drain detention for the peak runoff scenario as described ,by Riverside County Flood Control and Conservation District." Page8ofl4 u AGENDA ITEM NO. l \ PAGE .3f OF 51 (' r\ CONDITIONS OF APPIWV AL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 140+ acres into 134 residential lots. a recreational facilitv/neiehborhood park. water basin. and seven,(7) open space'lots. APN 363-020-008 , 58. Slope drain system adjacent to lots 86 through 108 shall be conveyed to the drainage system. Flows shall be directed down stream and not perpendicular to the roadway to avoid flows encroaching onto the travellahes. ' 59. Flow-through drainage catch basins shall not be allowed (ex: system between lots 10 and II). 60. Slope drain system adjacent to the existing development shall convey storm flows away from "down stream property owilersand to the public right-of-way. Streets "H" and "0" shall be handled 'separately, following its historic drain to a drainage course, and not directed into the public right -of-way. . .. 61. Provide technical support showing the existing down stream storm drain system is able to accommodate the additional flows ofthe proposed slope drains adjacentto Street "8" as well as the flows conveyed on proposed Street "D". ~ ", . \-. 62. Storm drains at the end of Streets "0" and "H" shall convey historic flow rates. 63. Provide energy dissipation at all dutlet poinis drairiing into open space. Outlet points shall be located at historic drainage courses. 64. Provide viable funding mechanism for street and storm drain system maintenance. 65. All slopes shall be graded no steeper than 2: runless otherwise approved by the City' Engineer. . .. , ' 66. 'All slopes shall have toe drains. Mid-slope drainage shall be required per the hydrology and/or soils report. .') -. ,',',,' . 67. All HOA maintained slope drains shall be conveyed to the public right-ofcway. 68. La Strada Road'grades shilll not 'exceed nine'percent (9%) unless otherwise approved by the City Engineer. ' . , , ' '-.'. , 69. Pay illICapitaJ bnpfovement; development fees, inCluding area drainage, TIF and TUMF, unless otherwise described in the DevelopmentAgreement and, Memorandum of Understanding pertinent to this project, less any.applicable fee credits. n Page9ofJ4', . .;1..\ AGENDA ITEM NO. PAGE 0.$,5 OF !i'1 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 140+ acres into 134 residential lots. a recreational facilitv/neil!hborbood park, water basin, and seven (7) opeu space lots. APN 363~020-008 u 70. Provide clean water mitigation for construction activities as well as post construction , operations. 71. All right-of-way improvements adjacent to the model homes shall be completed prior to'the opening of the model homes to the public. 72. . Provide permission to grade and permission to construct improvements from the adjacent property owner as applicable, unless previously submitted. 73. , . Applicant shall provide for detention of storm water.run off greater than the ex.isting , unimproved condition. .outlet of detention facility shall be consistent with volume, direction and character of the historic flow. i', 74. 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.. -,' ".., ' 75. Provide street lighting and show lighting improvements as part of street improvement plans as required by the,CityEngineer. ' ' 76. Developer shall annex to the City's Street Ieighting and Landscaping Maintenance District. U 77. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 78. Applicant-shall submit a traffic'control plan, showing all traffic control devices for the tract to be approved' prior to building permit 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. :" , .:) 79. All utilities except electrical lines over 12 KV shall be placed underground, as approved by the serving utility. , 80. 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 pattel1'\ inspection can be conducted before grading begins. Page ]0 of]4, 'U AGENDA ITEM NO. J.l PAGE~ OF 51 {\ {\ {\ CONDITIONS OF ApPROV AL'FOR TENTATIVE TRAcT MAP NO. 32077 A subdivision' of 140+ acres into 134 residential lots. a recreational facilitv/nei~hborhood park. water basin. and seven (7) open space lots: APN'363-020-008 81. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance withrecommendations, ", 82. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site, unless a study is already on file. If the . 'projectis located outside the special study zone, provide a 'certified letter from a licensed geologist confirming the condition'. '. . 83. . AWPublic Works requirements shall be complied with as'a condition of dtwelopment'as specified inthe Lake Elsinore'Municip,al Coae (LE~C)prior to final map approval.' 84. Undergro~d water rights shall be dedicated to the City pursuant to the provisions of Section 16:52.030 (LEMC), and 'consistent with the City's agreement with the Elsinore Valley Municipal Water District. '" . , 85. Pay all Plan Check fees (LEMC 16.34; Resolution 85-26). " 86. 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. ' , 87. 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). '" . ...' . 88. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer.'lmpioveinents shall be' designed and constructe<Ho City of Lake Elsinore Standards, and City Codes (LEMC 12~04 and 16.34);' .. , 89.' Applicant shall enter into a subdivision agreement with the City for the construction of tract . public works improvements and' shall :.postthe' appropriate bOlids prior 'to final map approval.' , . 90, Pay' all fees 'and' meet requirements of encroachmeni permit'issued by' the Engineering' Division for construction of public works improv'ements(LEMC 12.08 and Resolution 83- 78). '.,! 91. All compaction reports, grade certifications,' monument certifications (with tie notes , delineated on 8y;''' x II" Mylar)sliall be submitted'to the Engineering Division before final inspection of public works improvements 'will be scheduled and approved. . Page'] J of 14 J-.\ .r? AGENDA ITEM NO. PAGE..:lL OF CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 . I" ~I~u~di~i~~n ~ 1~0+ a,;es into ~34. resid:ntiallo:~ I t U a recreatlona laCI Ity nell!. or 00 var ,w'ater asm. an seven open space 0 s. , APN 363-020-008 ' . 92, The applicant shall install tW<J (2) permanent ,bench marks to ,Riverside County Standards and at a location to be determined by City Engineer. 93. , , All grading shall be done' under the supervisio~ of a geotechnical engineer and he shall certifY all slopes ste~per, than 2, tol, for stability and proper ero'sion control. All manufactured slopes greater than 30 ft. in height shall b~ contoured. 94. On-site drainage facilities located outside of road right-of-way should be contained within. drainage e<jsements shown 01) the final map. A note should be' added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 95. ) 1 ,. 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. . 'r 96. Meet all requirements of LEMCl 5.64 regarding flood haza~d regulations.. 97. Meet all requirements ofLEMC 15.68 regarding floodplain management. ' 98. Unless repbrts ~e already on file, sub~it'Hydrology and Hydra~lic Reports f~r~eview and U approval by City Engineer prior to approval of final map: Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of dJ:ainage. , 99. Sto~ drain inlet facilities shall be appropria~~IY stencil~d'to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. " , . 100. Roof and yard drains shall not be allowed to outlet through cuts in the, street curb. Roof drains shall drain through a minimum 20~feet of lalldscaped area., ,,' ' 101. Ten (10) year storm runoff should be contail)ed within the curb and the 100,year storm ,runoff should be contained within the 'street right-of-way. Wj1en either,ofthese criteria is exceeded, drainage facilities should be installed. 102. Applicant will be required to install BMP's using the best available technology to mitigate any. urban pollutants, from entering the watershed. , 103. Unless previously submitted, the applicant shall provide the city with proof of his having filed a Notice of Intent ~ith the Regional Water Quality Control Board for the National, ,Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance o~ grading permits. ' AGENDA ITEM NO. PAGE .3! OF <9-\ U 6"1, Page 12 of 14 ('. CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision ofl40+ acres into 134 residential lots. a recreational facilitv/neil!hborhood park.; water basin. and seven (7) open space lots; APN 363-020-008 104. Unless previously submitted, 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 WQMP for ,post construction-which describes BMP's that will be implemented for the development and including maintenance responsibilities. 105. 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 met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area-Management Plan. 106. Unless previously completed, the applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. ('. 107. 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- df all !- waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. COMMUNITY SERVICES DEPARTMENT 108. The developer shall pay fees of$I,600 per unit (134 @ $1,600 ea. = $214,400). 109. No park credits are given for open space or private recreation facilities within a gated community. 110. The HOA shall maintain all landscaped open space, both interior to the project and at the entry, as well as all walls, street trees, street signage and street maintenance. Ill. The HOA shall maintain all flood control structures, devices, retention basins and collectors. 112. The developer shall contract with CR&R for construction debris removal and recycling, as required by the Lake Elsinore Municipal Code. 113. The developer shall participate in the City-wide Lighting and Landscape Maintenance District. ('. Page 13 ofl4- AGENDA ITEM NO. -;;L\ PAGE .31 OF 5,1 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 140+ acres into 134 residential lots. () a recreational facilitv/neil!hborhood park. water basin. and seven (7) open space lots, APN 363"020-008 ADMINISTRATIVE SERVICES DEPARTMENT 114. Prior to the issuance of the. first building permit, the applicant shall. annex into Community Facilities District No. 2003-01 to offset any annual negative fiscalimpacts of the project on public safety. operations and maintenance issues in the City. 115.. Prior to issuance of the first building permit,. the applicant shall annex into Lighting and .Landscape Maintenance District No. I to offset any 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. 1 (Riverside County Fire Department Conditions attached) (End of-Conditions) u , . , . ," ' I" ! ,'r . ,', \: Page 14 of 14 . () ^"F~'D^ 'TeM "" ~ \ 6~\";.._~'4 ,',\ I t;;. ;i...... ............~..~ PAGE tlo.__OF__~ .JUIFU,J--CUUO rlU JC'Clkrll KLV VV"" lKt. r6t- r'i1x NO: ~o I . ~OO' 4tflJb P:02 . r---, ,"-"-\ 06/03/05' 12:22 ~rIO PERMIT Permit No: FIRECONDS Rive raitie.. County ,LMS ;. CONDl'ITONSJ OF APPROVAL Page;. I Parcel: ]- 10. .GENERAL CONDITIONS FIRB DEPARTMENT la.FIRB. 3 '-CASE c'CI'l'Y 'CASE'S'fA~T DI111~T LE-TR 32077 . With respect to the c6ri'dttions 'of <q>pruv-aci'1:urthe re f erenced project. the- Fi 'tee' De~artiilent. recommends the following fire prote-ction-meastln!s-oo' pLuv';'ded--in aceordance-'lii'it:1t 'R:!.'trerside-count:y . Ordinances and/or recognized fire protection standards: IO.FIRE. 4 . cMAP-#5 O-BWE-. DOT. REFl..ECTORS DRAFT ..J' Biu\!! retrorerlect;iw:. ;pilvQAlent......rlr..rs ..h" 1 1.he mounted on prlva\!.f!-s~s,:;publlc.. stree.ts. .a.rido.driveways to indicate location of . Lir-e_hYnr"nr A. .:2r.iorto..i nAh." at.ion.,.ylacement . of markeo.e-.,must:, .be....~roved. by the Riverside County Fire '.' -. Department,.. . ~ . . IO.FIRE. 5 . MAP*~#16-HYDRANT/SPACING " DRAFT ~ Schedule . A TirellTote-ctionapPLuv"d ,A";ll\l""d fire hydrants, (6"xli"'x2" 1/2"" located one'at.each street' intersection -andBpaced'nol1\ore~tiran~~ . ;'f~et'~rt in 'any direet:fbtr; wit1r no'portion'of anylot-.frontcage more . than ./65" . 'feet.- -noma l.yJL"nt .--MUiimum' fi_<f.low,-ahall-~~e 1fX)() GPW'for' 2"hour dura-tiun'a;t:. 20. ESL, Shall-..include "perimetez:. streets at each irrtersection --and9pac-ed'CS~et . apart..... 50. PRIOR TO MAP RECORDATION FIRE DEPARTMENT '. 50.FIRE. 1 MAP-#1"ECS-HAZ FIRE AREA "!lRA.FT Eee map mUlilt..be Ar..mped..J:>y"the'Riverside County Surveyor with the.f.oUowing ..not.e: The land division. is located in. the "Hazardous~ire Axea" of Riverside County as Bh~wn on a map on file..;with the. Cl.erk.of..the.Boardof Supervisors. Any building constructed.on lots. created by this land division. shaLl. comp:Lywi.th. the . special construct.ion Provisions. ' contained. in Riverside' County .Ordinance:. 787. (\ AGENDA ITEM NO. PAGE tI/ OF a\ s1 vUlrU')-:LUU~ rl\l .Ic:..~~~~.! ~~..vv.:r Iltr.... ~&~. r\ J- llJUlU. ~b I ~bb qBBo' . ........, p, 03 )6/03/05 L2:22 Riverside COunty LMS' CONPITIt'lNS'OF'APPKuVAL ; Page: 2 .'>. ~ PATIO PERMIT Permit No: FIRECONOS Pl1~: u . >;0.. PRlOR TO MAP._.RECORDATION' 50.FIRE. 2 MAP-jJ43 "ECsclroOF:rnG-MA'l'E1UAL DRAFT', Bcs map must~be'EiL"lI1f>ed'by-~he,Rive:z;-"';n..-.county Surveyor with the fol10lrin.;:f' 'nat e''--.., All builClings.1lhall be constructed-wi:th"olass -'lAA .m;i.te.>:iaL.aa.pe;r.t.he california Building'" 'CO~';" ' 50.FIRE. 3 MAPc'1I0o.4 ~ECS--FUEL..MODIFICAnON 1'RItPT ECS map must:beoatamPed.by the.Riverside County"Surveyor ' -.wtth the following~=t:e.: ,.Prior to the issuance of a " ", ,grading perm~t.....th.e"de""elQP,er shall prepare ana subTfftt-ro', , the-fj're depaJ:'-tmellt .for capproval a fire prot-e"tion/v~ation ,.managenwnt ,tbatshmild'TIicl'Ude but not .1imited,to.l:be .following items: a)'Ftieil"i!todification to, redue:e., fiJ:Q.l ""rli ng.. ,b) Appro}:lriate'~f'ire'brel:iklra-ccordi1'l9 ,.: to" fuel load, slope and terrain. c't.. NOn:' flammable walls along' COllllllOn, boundaries between rearH,yards -and-open space. d) EmergenQy vehicle access into'~spaea.areas shall be provided_~. intervals not to 'exceed'-rs-on. . "'1!!' ....... homeowner' 6 associatiOn ora),'J?LC>pL iate-d-istx:-ict shall be responsible..for maint enariceof ''al'1' TtTe'-p~tiElll~-meamlrea~ within the open space areas. u ANY HABITA'J"'CONSWiVA:1'ION-. !.SSUE AFFECTING. THE FIRE DEPARTMENT FUEL 'MODIFlC--ATlDN .REQ1llREMENl:. .SHALL HAVE CONCURRENCB-'W!Il'H,.~ RESPONSIBLE WILDLIFE AND/ORO'rHER CONSERVATION- AGBNC-Y...,., ' " 50.FIRE. 4 ~~#4~~WATER PLANS '~"mtl'lFT . The applicant...ar....devel.oper shall furnish one copy of. th,e water system.planatotbeFire Department for review. Plans shalL..l:le. aigp,ed.by. a regi.e.tered ciVneuglu,;,er, containing..a..F.ire .Department approval fJigmrture block, and shall conform t.o, hy~'b::aflt type,' locat:i:Otl, spadng'1!I'T1t! minimum firef~ow. Once plans arE! ..ignecr'by.the local water company",..tbe originals shall. 'be presen'tea"tO"the 1'iTe Department ..forsi,gnature.~ 50.FIRE. 5 MAP-#S3~ECS.WTR'~IOR/LUMHu~ .~ ElUF..T Ees map must 'be~t-amp>ed.by-the.-lti,v.,,,"irie Count,y Surveyor with the fol~owin9 .Fiote"" The :xequir.ed.,wat.er system, , including fire, hydrant.s ,-8ha.1.1.be.ins.t.alled and accepted the appro.pr-.i..tie"....t.er. agency. prior to, any combust'inl", building mater:tal placed on an 'irtdivi'a-Ua:l 'i'Ot ~,' by. , I U AGENDA ITEM NO. ~ \ PAGE 1.2... OF ~1 \JU11 U.)'-;C.UU.) '-'\1 1..:'c.~~~I\'rv' \lUflI\C} racL:. 'f' rH^ NU." ~Ol ~o:5. q(j(jO ~; Riverside'Courtty'r;Ms. . c' CONDITIONs OF' PiPPROV...L) " )6/03/05 022 ~ATIO PERMIT Permit No: FlRECONDs I..., , pa;rce,l,: 50 ' PRroR TO MAP.RECORDATIQN 50.F1RE. 6 , , MAP'~l!4"7~sECONDA'RY'1\:CCBB? r. u,q Page:. 3 DRAFT"" In the, interest Of , PiloT ie' Safety , ;:he,.,ro;ect..shall.provide . , ,an Alternate or se=r:rdary' Aecess (s) as at.ated' in 'the' , ' TransPClrtationDepa:rment 't:ondit'ioml' ",Sa1d,A H;ernat.~ or Secondary .Acce13'E1tB}'~hall ,have 'cona=ence,'and approval of both.the:Traneportation Department :-:and''the 'Ri.~Bide County Fire Department,', ': ' '" ' ':1' ~ . 60. PRIOR .TO G~ING' PRMT:;ISSUANCE - ., FIRE DEPARTMENT . .' ""' ., ,~. GO.FIRE. 1 MJtP'_#~4L.pgElLM(j)~FI CA.'!ION '.. , DR1\FT Prior to the isSUl!H1c~,'of..a .gl:lacLi.ng pel:mit, .the developer shall prepare clnd.-subm:i:t .to-tBe"tJ,l:e...depar.tment.Tfor approv~la' fi~protectian/vegetation management that ehould mdIude' but .not li.mit;ed,.to Ue .followil!9.~ i teme : a) fwH'modiH-cation 1:.0 .r~uce...f.ire .loadin9 b) appropri'i!tt:e..tirebreaks, a=ording to fuel' load, slope and '-ee-nrain. c) non'''fioammahle wa.llsalongcornmon boundari.ee.-"between rear'-yarde.. and .Dpen apace. dl eH1""L~enccy...vehic.le. access into open space 'a:rea:s.l3hall be provided ..at~terv.a1sJ1ot to exceed 1500 feet e) a homeowner'a association or approptia'teiii"Strtet shall be r~e.for maintenance of all fire' protection measures within open apace areas .... (\ NY HABITAT CO~S~KvA7TnNISSUE.APPECTING.THE$~-DSPARTMSNT FUEL MbnrFrC1tTIOlfRBeUIREMEN"l', ,SHALL HAVE . CONCURRENCE WITH THE RESPONBILEWn;m;'IFE--AND!OR O'l'fiBR,aJNSERVAT-ION ..\GENCY . BO. PRIOR TO BLDG.PRMT TS91m~E FIRE DEPARTM~T BO.FIRE. 1 MAP -lis OC. TltACT'WJcrER-vERTt"!t'!A ..DRAFT The requited' wa-tersystem,-incl00i1'l<J'-a.l~ .~~.e..hydrant lel . shall be' ii'rEtCarled--anaaccepted.c'by.the. appropriate water agency ana'tne'~iverEride"County ..,FJ,_ ..Dep"rrmpnt .prior .so any coml:msti-ble-.building'm~ial placed on an individual lot. cont'aet .the 'Ri.,."....side.Co.I.T!ty. Fire n"-,p,,rtment to inepe'Ct'.the-r"''l'l i red..f.ire flow,. etreet signs, all weat.her'~ surface, '-and.aILacae.ss._nd/or.-9.eCOndarY. Approved water, ~ (\ .., . AGENDA ITEM NO. ,;{ \ PAGE 43 OF 5"7 ~ul~~u.)-cuu~.r~ 10:>2!" Kl-V VU rt.Kt y&t -\ --fAX NU;- ~51 ~55-q886 ('--. 'P..OS )6/03/05 l2 :22 Ri ver side "county' ~L1IIS ,. CONIJl'TIONS' OF' '~PPROVAL~. l pOlCcel,: . Pase: 4 " PATIO PERMIT Permit No: FIRk:CUNlJS" '0 BO. . PRIOR. TO BLDG _P-RMT ISSUANCE' ..aO.FIRE. 1 MAP-jlSmc-TRA"'l"' W1'>'rRR 'VERlf"ICk (cont.,. I DRAFT (" ..planS must be a the job' site!. '. BO.FIRE. 2.. MJ\.P--~ SECONOJl;R'rl1'.LTER'ACOESS-,..., DRAFT , ,') '-~ .' In the interest- crt'- Pttbli-c Sa:f-ety. . the _proJect.. shaLL .provide An Alternate or -Secondary'JI.=es-&(e) ~"sloaie~:Lin.__the .. .. Tranaportati'cm-Oep,utment 'conclitU.on&O' .Said Alternate or Secondary 'Acc::egg ts l'~l'l' hav.,. cOflClJr,:ren.ce..and .,approval. of',j both the 1'Hd.eportation Depa:r;t.men1;. and the Riverside'County Fire Department. .'1'.ltermlt:.e,~and/~ - C;:E'('nnn,,'7Y .Access (sJ ". . shall be completed and" insp@cted..per the approved plans.... ' . ,'1 -:', . " ~;. ~ - \ :' ,,' .", ,;",' ii' ., ~ - , " L,J " <J: u '.. "!) :'.-,-, . . ..' ) ~.' .~ . ' :' : " " r .- .-,.. ., \',. '<'-;." . " AGENDA ITEM NO. PAGE.-!Ii. OF ,;L \ (,) 51 (1 n " " :\ ,,,'! \:. \. 'PLANNING'COMMISSION STAFF REPORT Ci'YofLak~f]5in()O"C' ' P',ulli~l. Di"isi'lI 130S.MainSIn:et . Lake Elmo~ CA ')2)30 (909)67012*,. ' (909) 471.1419&X '~. ' " , . ~ <' ,,'" \ ' :I'" . l<'. .:" , .i, ".r'" ." DATE: June 21, 2005 ,. ( ;."~. > l' \ . _ :~, . i', 'i-< TO: Chairman. and Members. of the Planning Commission. '..' !'. "," 'to) '", l,l FROM: Robert A Brady, City Manager PREPARED BY: Carole K. Donahoe, AICP, Planning.ConsultanJ,' ~ .' PROJECT ;rITLE: General Plan Amendment No, 2005~Ol; , , Amendment No,..3 to.the Canyon Creek Specific Plan No, 85~1 Tentative Tract Map No, 32077, and . MitigatedNegative Declaration No. 2005-01,- , " APPLICANT & OWNER: ~. j L~ Strada P~rtners,LLC; 1901'West Collins Avenue, Orange, CA 92867, Attention: Rick Shedore 'i' PROJECT REQUEST: . The applicant requests approval df General Plan Amendment No. 2005eOl (GPA 2005-01) to change the General Plan Circulation Element roadway classification of La Strada Road from "Major" to "Modified Secondary." . The applicant requ~s~s approval.of,Ar:nendment No,.3 t.o,theCanyon Creek Specific Plan I No. 85-1, (SPA 85-1: Ar:nd. 3) amending sections pertitJent to Planning Area 2. '. i. . The applicant requests approval of Tentative Tract .Map No. 32077.'~ 32077) to subdivide a. total'of'140+ acres of vacant property into 134 single family residential lots,.. neighborhood park/recreational facility, water reservoir, and basin, and approximately 75.5 . acres 'of natural open' space. . . . The applicant requests adoption of Mitigated Negative Declaration. No: 2005-01. (MND ("'\ 2005-01) prepared for the project. AGENDA ITEM NO. ,2 \ PAGE 45 OF 5"1 PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 PAGE 2 .of13 . PROJECT TITLE: GPA 2005-01, SPA 85-1 AMD. 3, TTM32077, AND MND 2005-01' u These applicatians are pursuant ta Tide 16 (Subdivisians) and Tide 17 (Zaning), Chapter 17.99 " (Specific Plan), Chapter 17.84 (Amendments), Chapter 17.23 (R-l Single Family Residential District) .of the Lake Elsinare Municipal Cade(LEMC); and the State .of Califarnia Subdivisian Map Act. The praject complies with the Califarnia Enviranmental Quality Act (CEQA) per Sectian 21080 (c)(2), the Public Resaurces Cade per Sectian 21000, and the California Administrative Cade per Sectian 15000. . . PROJECT LOCATION: The praject is lacated nartheast .of Interstate 15, approximately .one mile west .of Canyan Lake, west .of Summerhill Drive;'sauth .of Greenwald.and sautll .of the,extensian .of La Strada raad, adjacent ta Tuscany Hills ta the east, and knawn as Assessar's Parcel Na. 363-020-008. ,l l' ENVIRONMENTAL SETTING:: J' (' '!J' EXISTING LAND USE T ZONING GENERAL PLAN Project Site Vacant.. /' . Canyan Creek Specific Canyan Creek Specific Plan . u " Plan ";i ,. Narth Vacant Rimsl'ate Soecific Plah . Ramsl'ate Soecific Plan Sauth , R;1 Single Family Future Specific Plan and Vacant I . Residential . ." 'Law Density Residential (3 1 !,: - , , dwellings per acre) , East Tuscany Hills Tuscany Hills Specific Tuscany Hills Specific Plan Plan West Vacant R -1 Single Family Future Specific Plan Residential, Ooen Soace u . " ,-, , ' , ," PROJECT DESCRIPTION: ft':., The'''pplicantpropases ta'develap:Planning Area 2 of the Canyan Creek Specific Plan as a'gated cammunity knawn as "La Strada,"' The prapasal calls far ,13'4 single family detached residentiallats, a recreatian facility I neighbarhaad park, basin, water reservair, pedestrian pathways, a master landscape plan and appraximately 75.5 acres .of natural .open space. The applicant propases an amendmenna'the Canyan Cre.ek Specific Plan in '.order ta incarparate "Great Neighbarhoad" , design elements inta.the standards and guidelines.far La Stiada. The applicant also propases a Madified Secondary'street sectian far the partian .of La Strada Raad abutting the develapment, and anather Madified Secandary street sectian far that partian that will cross the .open space area as part .of the "Camina del Narte" (ar."Missing Link') project., u AGENDA ITEM NO. PAGE I{~ OF .)..\ ~1 n PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 PAGE 3 of 13 PROJECT TITLE: GPA 2005-01, SPA 85-1 AMD. 3, TIM 32077, AND MND 2005-01 ANALYSIS The Canyon Creek Specific Plan was originally approved in June 1985 as "an orderly and comprehensive approach for the planning and implementation of medium scale development projects containing several land uses in phased construction." The plan covered two' non- contiguous 'Planning Areas: At the time of this report, Planning Area 1 has been developed, and Planning Area 2 has remained vacant. La Strada Partners,LLC now desires to develop Planning Area 2. However, with the adoption of the Riverside County Multiple Species Habitat Conservation Program (MSHCP) by the City, the applicant's development pl~n has been significantly scaled down. On 64.5' acres, the project covers less than'half of the property within Planning Area 2, and limits development to its easterly boundary adjacent to the existing Tuscany'Hills community. The applic'ant proposes to donate the remaining 75.5 acres on the western portion as permanent open space. . The Canyon Creek Specific Plan Amendment and Tentative Tract (\ The proposal is a logical extension of the single family residential community already constrUcted in Tuscany Hills. The proposal offers a niinimum lot size of 5,000 square feet, but the lots range in size up to 13,274 s.f.; and averages 8,098 s.f. The original Specific Plan called for "estate lots" in Planning Area 2, with lot sizes ranging from 6,000 s.f. to 78,000 s.f., and an average lot area of 6,000 s.f. La Strada would be considered "clustered development," yielding a gross density of 0.96 dwelling units per acre. Ameu"dment No: 3 modifies' the' developinent standards for Planning Area 2 significantly, by proposing a gated community of uniquely-stylized homes. .It incorporates "Great Neighborhood" desigu elements, such as outdoor rooms or courtyards, offsetting garages, curb-separated sidewalks, cantilevered or' recessed second stories, and pedestrian pathways that 'make the neighborhood walkable. . At the suggestion of staff, the applicant's development team presented their project to the Tuscany Hills Homeowners' Association meeting on March 23, 2005. Visual displays of the products, recreational facility, "entry monumentation, landscaping, and visual simulations from adjacent properties were provided. The General Plan Amendment (\ The proposed GPA 2005-01 to the General Plan Circulation Element allows for the construction of the extension of La Strada Road. to match UP' to the existing pavement and to 'comply with the findings of the Traffic Impact Analysis for roadway capacity. A Modified Secondary (90-foot right- of-way) roadway design will be 'used for that portion of La Strada Road which borders the northern boundary of the map. Another Modified Secondary (68-foot right-of-way) roadway desigu will be used for that portion of La Strada Road that will traverse the natural open space area and then tie into the extension of F rankIin Street, and ultimately to Camino del N orte. AGENDA lTtOM Nu. c2 \ PAGE!f.:LOF 57 PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 PAGE 4 oC13 PROJECT TITLE: . GPA 2005-01, SPA 85-1 AMD. 3, TTM32077, AND MND 2005-01 , .. . -. , u The completion of La Strada Road will provide a vital east/west connection between Summerhill Drive and Interstate 15. The contribution of this roadway from tbe La Strada community is. a significant portion of tbe Camino del Norte project. That project requires the formation of a Community Facilities District (CFD) of prop~rty own,ers in the area that will .benefit from its construction. The property owners have been meeting for the past few years, and are in tbe. final stages of ,the formation of tbe CFD., Th~ applicant, for La Strada, Rick She'dore, has been instrumental in moving, the proce,ss forward. He, along witb ?tbers, have already subinitted their Letters of Intent and deposited monies, key steps in tbe process. LEAP Application and Review , . The applicant subinitted LEAP No. '2005-02, which tbe City . recommended for approval to tbe " Riverside Conservation Agency (RCA) Joint Project Review (JPR) process. .The results of tbe JPR' contained in a report dated April 21, 2005, was discussed with Ken Graff, a representative, from tbe JPR. He recommended tbat two. Conditions .of Appro:"al be 'added to tbe ,project,~equiring a burrowing owl survey and a Determination of Biologically Equivalent or Superior PreserVation (DBESP) report be subinitted prior to tbe issuance of a grading pettnit. Botb Conditions have been incorporated (COA Nos. 19 and 20). Additionally, the applicant completed tbe Burrowing Owl Survey and tbe results were already subinitted on June 8, 2005. Np burrowing owls' were observed during tbe survey. Only a few burrows with potential to support burrowing owls ,were observed, and none showed signs of recent occupation. The Survey's asses~ment indicated tbat no burrowing pwls U. are expected to occupy the project site. . ;.' ENVIRONMENTAL DETERMINATION In accordance witb Section 15063 of the State of California Environmental,.QualityAct (CEQA) Guidelines, an Initial Study was prepared to provide tbe City ,witb information to use as tbe basis for determining whetber an Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration would .be appropriate for providingtbe necessary environmental documentation and clearance for this project. This Initial Study determined tbat tbe proposed project will result. in potentially significant environmental impacts that will be initigated to "less than significant" levels and therefore, .aMitigated. Negative Declaration is deemed. as the appropriate document. A Mitigated Negative Declaration will provide .necessary environmental e;aluations and clearance, and recommend initigation measures required to reduce any potentially,significant impact to a.level of insignificance. L A Notice of Intent to Adopt a Mitigated Negative Declaration was filed, and a Notice.of Completion & Environmental Document Transinittal was circulated to interested entities for' a 30- day review period. Four agencies responded, and in an effort to provide tbe Planning Commission. and City Council with all available information regarding this project, a Response to Comments was prepared. Mandatory Findings of Significance are detai\ed below, and a copy of tbe Initial Study, Mitigated.Negative Declaration, Mitigation Monitoring Program, and Response to Comments are included in this Staff Report as Exhibits 'B' and 'C' u . c;L\ AGENDA ITEM NO. PAGE 'It OF 5'1 n PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 PAGE 5 of 13 , PROJECT TITLE:"'GPA 2005~01, SPA 85-1 AMD, 3, TTM 32077, AND MND 2005-01, STAFF'S RECOMMENDATI'ON \1 .., Mitigated Negative Declaration No. '2005-01 " ' Staff recommendS'that' the Planning Cotrimission adopt Resolution No: 2005 " --" recommending to the City Council adoption of Mitigated Negative Declaration Nd, '2005-01 based on Exhibits ~B' and 'C and the following Findings: rf; ", Findings for Mitigated Negative Declaration No. 2005-01: 1. 'The proposed proj~ct is located Withiriand contams habitat suitable for several listed species that' 'would occupy Riversidian Coastal Sage Scrub, ,The project site is located within the' Riverside County Multiple species Habitat Conservation Plan (MSHCP) area and has been reviewed by Riverside County and the Riverside Conservation Authority (RCA), The project will set aside 75.5 acres of the projed site for permarient retention in accordance with MSHCP requirements, Based on approval of this mitigation, the project will not cause eitlier project specific or cumulative unavoidable significant impacts on biological resources as outlined, in the CEQA 'Guidelilies, " " , (\ 2, No cumulative 'environmental impacts liave'been identified in association with 'the proposed , project ,that cannot be mitigated toa less than significant impact level, Potentially significan't cumulative effeds are reduced to a less than significant'impact level for biological resources, air quality and traffic. ' , 3, A numberof project impacts were' identified as haVing apbtential tosignificandy impact humans, either direcdy or indirecdy, Noise, traffic, air quality, and geology impacts all pose a potential for adverse impacts to humans, but mitigation measures liave been established to ,control these impacts to 'a: less than significant impact' level. With implementation' of the ideritifi~d 'meastires, the proposed project is not forecast, to 'cause significant adverse impacts to -humans, All such impacts are avoidable and the City will ensUre that measures--imposed to protect humans are implemented. . Consisten<;y with the Multiple Species Habitat Conservation'Plan Staff re~ommends'tIiat the Planning Commission adopt Resolution No. 2005 - _, recommending to the City Council adoption of the Findings of Consistency with the Multiple Species Habitat ConserVation Plan: ' Findings of Consistency with the Multiple Species Habitat Conservation Plan: ., , 1. The proposed project is a p'roject under the City\ MSHCP, Resolution, and the City must'make an MSHCP Consistency finding before approval. , (\ The proposed project requires a number of discretionary approvals from the City and is subject to CEQA review. Pursuant to the City's MSHCPResolution, the,project must be reviewed for , AGENDA ITEM NO. J. \ " PAGE",! ~~~~~... PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 PAGE 6 of 13 PROJECT TITLE: GPA 2005-01, SPA 85-1 AMD. 3, TTM 3~077, ~ND MND 2005-01 -, " u MSHCP consistency, consistent with the Protection of Species. Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, ~ 6.1.3), Additional Surv~y Needs and Procedures (MSHCP, ~ 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, ~ 6.1.4), Vegetation Mapping (MSHCP, ~ 6.3.1). requirements, Fuelsl'ylanagement Guidelines(MSHCP,~ 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHC;P Ordinance, ~ 4). 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The project site is within Cell 4456 of Cell Group 'B' in Subunit 5 of the Lake Elsinore Area Plan, and therefore, subject to the. City's LEAP. and the .County's Joint Project Review processes. . . , ,).1' ., ., 3. The proposed project IS consistent with 'theRiparian/Riverine ~reas and Vernal P~ols Guidelines. . . ,. " ~! No vernal pool! fairy shrimp habitat occurs onsite. Impacts would result to approximately OJ acre of southern willow scrub as part of the La Strada Road onsite construction. The proposed project will be conditioned to prepare a' Deterntination of Biologically Equivalent or Superior U Preservation. (DEBSP) analysis for review and approval by the City prior to obtaining a grading permit for the project. The proposed project is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. .'. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project. site does not fall within the Narrow Endemic Plant .Species Sufvey Areas. Therefore, habitat ~ssessments and/or focused surveys are not required Jor N arrow Endemic Plant Species. The proposed..project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines. 5. The proposed project is consistentwitb tbeAdditional Survey Needs and Procedures. The project site falls within tbe Burrowing Owl Survey. Area. ,A burrowing owl survey has been conducted by HELIX Environmental Planning, Inc. with negative results. The project is therefore consistent with the Additional Survey Needs Requirements. No other Criteria Area Species (NEPSSA) or Narrow Endemic Species (CASSA) surveys are required, and all NEPSSA and CASSA requirements have been met. 6. The proposed project is consistent with the Urban/Wildla,;,ds Interface Guidelines. . The following measures will be implemented by the project to minimize the id~ntified 'po~ential U indirect impacts, including: AGENDAI~E~ NO. J \ PAGE .$0 OF 51 ~, (\ PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 PAGE 7 of13 PROJECT TITLE: GPA2005-01, SPA 85-1 AMD. 3, TIM 3207"7, AND MND 2005-01 · All project runoff will be treated prior to exiting the site to reduce toxins. · ' Detention basins' proposed within the project footprint will ensure that there is no increase in .flows from the project into MSHCP Conservation Areas., , "I' . · All project lighting will be, required to be selectively placed, directed and shielded ~ away from preserved habitats. In addition, large spotlight-type backyard lightitlg directed into conserved habitat will be prohibited. ' . No plants included in Table 6-2 of the MSHCP will be used anywhere on 'the site, . and only ,native species will be planted adjacent to open space areas.' A ,list of , " prohibited species will be provided to homeb?yers. . . The prqp6sed pr6ject ha~' been designed so that ~o ad?itional take or' ~onserved habitat will be necess~ for fuel modification, putpose,s:,' ' . .' , 1 .' ,'. ," '.. .' , Manufactured slopes associated With the propos7d site development will not extend into the MSHCP conservation area. (\ '. . .: .' '.". I; .' " ,!he proposed project is therefore consisknt with th~ Urb~n/~i1dlands lnterface Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements. - The vegetation of the entire project site has been mapped consistent with MSHCP mapping protocol and has been provided. in digital format to the City. .1bis mapping is sufficient under the MSHCP and is consistent with the'MSHCP vegetation mapping requirements. . , , . , . . 8. The proposed project is consistent 'with the Fuels Management Guidelines. The proposed project has been designed to include landscape buffers on the western edge of the development boundary near the proposed MSHCP Conservation Area that will serve as Fuel Modification Zones to,the residential development. Within these areas there will be fire-resistant, non-invasive plants that have been utilized from the: list contained 'with the MSHCP Ordinance and have been reviewed by the City's Fire Department. All fuel management,areas occur outside of the MSHCP Conservation-AIea. Accordingly, with these measures, the proposed project is therefore consistent with the Fuels Management Guidelines. 9. The 'proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. (\ As a condition of approval, the project will be reqUired to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. The current fee for residential development with a density of less than 8.0 dwelling units per acre is $1,651 per dwelling unit. This is consistent with the MSHCP Mitigation Fee requirement. AGENDA ITEM NO. PAGE t;; I OF 01\ S"1 PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 PAGE 8 ofB PROJECT TITLE: GPA 2005-01, SPA 85-1 AMD. 3, TTM 32077, AND MND 2005-01 , .,. I <_, " _ _ . u to. The proposed project overall is consistent with the MSHCP, ' , The MSHCP shows that the project site is within Cell 4456 of Cell Group B' in Subunit 5 of the Lake Elsinore Area Plan. Conservation within this Cell Group is intended to contribute to the assembly of Proposed Linkage 8. Conservation within the Cell Group will focus' on chaparral, coastal ,sage, scrub, and grassland habitat. Areas :conserved with the Cell Group will be :connected to coastal sage scrub and chaparral habitat proposed for conservation in Cell Group A' to the north and Cell Group C' to the south.:Cohservation within the Cell Group will range from 70 to 80 percent of the Cell Group, focusing in the eastern portion of the Cell Group, " , Because the eastern side of the property to the north would be develqped, conservation of the extreme eastern portion of Cell Group within which the La Strada project is located would not contribute to connectivity to the north. In retaining the northwest to southeast connectivity, the , most effective way to maintain connectivity is to shift conservation in' Cell Group B' toward the central portion of the Cell Group. Locating development in the eastern portion of the Cell Group (adjacent to existing development to the east and proposed development to the north) would also minimize the 'amount of edge between development and the Habitat Preserve. The proposed development configuration would provide connectivity to existing Habitat Preserve in, the central portion of the Cell Group to the south (C') and narrows toward its southern end U to inaxirriize connectivity to lands that may be conserved in the extreme eastern portion of Cell Group C'in the future. The proposed project configuration would preserve approximately 75.5 acres of Riversidean sage'scrub. Based on the configuration of the "conservation as described above, the project addresses the relevant biological issues and considerations of the subunit by: ." ' . Providing a northw,:st-southeast connection along the hills between Estelle , Mountain and Sedco Hills, including potential linkage habitat for coastal California gnatcatcher; . Providing core-and 1inkage habitat for ,the bobcat, Stephens' kangaroo rat, and Quino checkerspot butterfly. .Thus, the project provides effective conservation on the.project site to meet the biological" issues and considerations of the MHSCP, and the project is therefore consistent with the , MSHCP. 11. 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. u AGENDA ITEM NO. eX.- \ PAGE !i.2.- OF s1 PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 PAGE 9 ofB PROJECT TITLE: GPA 2005~01, SPA 85-1 AMD. 3, TTM 32077, AND MND 2005-01 (\ General Plait Amendment No. 2005-01 Staff recommends that the Planning Commission adopt Resolution No. 2005 -_, recommending to the City Council approval of General Plan Amendment No. 2005-01 b~sed on Exhibit 'D' and the following Findings: .' '.,. ..' . '.' .' , '. , '.' Findings for General Plan Amendmerit No: 2005~01: 1. The proposed amendment will not be (1) 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, (2) injurious to property or improvements in the neighborhood or within the City. " ), a. The design of La Strada Road is based upon'the Traffic Impact Analysis prepared for the La Strada project by Urban Crossroads dated February 7, 2005. The findings of this study are supported by other traffic' studies and documents compiled' for roadways and projects in the surrounding vicinity, including the proposed Camino del Norte project, anticipated to . 'connect to La Strada Road from the' south. . (\ 2. The proposed amendment will be callsistennvith the latest General Plan. a. De'Velopment in the vicinity' of this project have been resubmitted or approved with redu~ed densities, s~ch as' the east portion of the Ramsgate Spe~ific Plan, and the north portion of the Tuscany Hills Specific Plan. The overall reduction in vehicle trips can be accommodated by the proposed La Strada R~ad. . .,' b. Development in the vicinity of this project have been affected by the Multiple Species Habitat Conservation Program (MSHCP). As an example, the La Strada project is donating approximately'7s,s acres of natural open space far conservation..The proposed La Strada Road accommodates and enhances this effort towards conservation; The construction of La Strada Road through theconservation area is a "covered activity" within the MSHCP. ., , . . ~ Amendment No. 3to the Canyon Creek SpeCific Plan No. 85-1 StaiJrecomiIiends that the Planrur;g'Commission adopt Resolution No. 2005-----':", recommending' to the City Council approval of Amendment No.3 to the Canyon Creek'Specific Pla'ri No, 85-1 based on Exhibit "E" and the following Findings: (. ( ~ - - .', Findings for Amendment No.3 to the Canyon Creek SpeCific Plan No. 85~1: 1. The location and design of the~ proposed de&elopment 'is' consistetitwith the goalS and policies of the City's General Plan and with any other applicable plan or policies adopted by the 'City, or in the process of being prepared and adopted. . '! ,,'. ", (\ AGENDA ITEM NO. Ol\ PAGE $3 OF 51 PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 PAGE 10 of 13 PROJECT TITLj:I: GPA 2005-01, SPA 85-1 AMD. 3, TTM 32077, AND MND 2005-01 u a. The General Plan supports the development of the Canyon Creek Specific Plan, which has been partially constructed. The proposed Amendment has been reviewed and conditioned to enhance and update the original Specific Plan. b. The proposal has been designed to support the objectives of the Multi-Species Habitat Conservation Plan recently adopted by the City, by donating approximately 75.5 acres of natural open space within its boundaries that link habitat to the north and southwest of the , project site. 2. The proposed locatio\, allows the development to be well,integrated with or adequately buffered from its, surroundings, whichever may be the case. a. The proposed Amendment integrates development of Planning Area 2 of the Specific Plan with,the existing community,ofTuscany Hills, ,by extending a vital roadway, by the provision of additional infrastructure f~cilities and by introducing a unique, gated community of quality architecture, amenities, landscaping and monumentation. " b. The proposed Amendment provides a buffer between, the existing Tuscany.Hills community and the La Strada ,homes with the provision of landscaped open space along its eastern boundary that ranges in width from nearly 100 feet to 350 feet" 3. All vehicular traffic generated by the developmen't, either in phased increments or at full build- out, is to be accommodated s~f~ly and without causing undue congestion upon adjoining streets. u , ~ a. A Traffic Impact Analysis was prepared for this project by Urban Crossroads dated February 7, 2005, and the project has been conditioned to implement the recommendations set forth in the Analysis. ,I b. Furthermore, the City's Traffic Engineer has required that additional circulation measures be imposed upon the project. c. The project has been conditioned to utilize Greenwald and Bella Vista if available as access for construction vehicles to avoid entering existing Tuscany Hillsneighborhoods. 4. The Final Specific Plan shall identify a methodology to allow land uses to be adequately serviced by existing or proposed public .facilities and services. a. The proposed Amendment has been review and conditioned to provide adequate public services to the site. b. The proposed Amendment provides a neighborh.ood park, pedestrian pathways and a recrea!ional facility for its residents. 5. The overall design of the Specific Plan shall produce an attractive, efficient and stable ,U development. AGENDA ITEM NO. .:L \ PAGE s4 OF 51 (' PLANNING COMMISSION STAFF REPORT ' " JUNE 21, 2005 PAGE 11 of13 PROJECT TITLE: GPA2005~01, SPA 85-1 AMI). 3; TTM32077, ANI) MND 2005-01 a. The 'proposed'Amendment v.i:ill allow'the,Jconstructiori of-compatible reside~tial unIts in a design that promotes neighborhooa identity and "Great Neighborhood" desigri concepts, such as outdoor rooms or courtyards, offsetting garages, curb-separated sidewalks, cantilevered or recessed second stories:' ',.. b. ' , The proposed 'Amendmentv.i:ill'provide recreational 'amenities and natural open space for its . residents.' ,'", ,t ' 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have"been reduced to a level of noricsignificance, or,in'the case where impacts remain, a ,statement of 'overriding considerations is recommended for adoption to justify the merits of project implementation.' ' , 'a. The Initiaf StUdy 'identified s'everal' significant "environmental effects resulting" 'from implementation '. oC'the' projeCt: 'However;'these significant effeCts can be fully avoided/mitigated through the adoption of feasible mitigation measures.' Tentative Tract Map No. 32077 ,,'-:'\.. , . 'T , , ;t: (\ Staff recommends that the PlanrungCommission adopt Resolution 'No: 2005 - ----" recommending to the City Council,approval of Tentative Tract:Map No. 32077bas~d on-Exhiblt .'F' and the following Findings, and subject to the Conditions of Approval for Tentative Tract Map No. 32077. Findings for Tentative Tract'Map'No.'32077: ">, }^ ,.' 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore .Gerieral Plan. The proposed subdivisidn is compatible with the objectives, policies,.' general' land uses and program's specified, in the General. Plan (Government Code Section 66473.5). " ". '. ' " .,' a: The design of the proposed subdivision 'andderisity of ,1.04 dwelling umts per acre are r consistent with the proposed Amendment No. 3 to' the Canyon Creek Specific Plan No: 85- 1, and therefore with the General Plan. b.' The 'project proposessingle.family'residential'lotsranging in size from 5,000 square feet to 17,600 square feet, with an average lot size of 8,098 square feet, The originally approved Specific Plan called for estate lots in this portion of the Plan. However, the project proposes to donate approximately' 75,S acres of;the site for coriservation purposes, and has designed a clustered, gated commumty' on the balance of 64.5+ acres. ' (\ 2. The site, of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. ...' AGENDA ITEM NO. d.-\ PAGE SS OF 57 PLANNING COMMISSION STAFF REPORT " '., " " (, JUNE 21,2005 PAGE 12 of 13 PROJECT TITLE: GPA 2005-01,~PA &5~1 AMD. 3, Tl'M 32077, AND l\1Np 2005"01" U a. The General Plan encourages clustered development in order to facilitate the conservation of identified wildlife corridors, and habitat. The project density and design)s comp~tible with existing, adjacent,residences: , " ' l;; , ~ b. The map provides open space areas that protect th~ natural topography and views. 3. The effects that this project are likely,to have upon ,the housing ,neecls of the region, the public service require~ents of its residents and the available fiscal 'and environmental reSOutces have been considered and balanced. \' 'of I : a.The proj~ct is consistellt with the,City's General'plan. During the ,approval of City's General Plan, housing, needs" public services, and, fiscalresourc,es were, scrutinized -to achieve a balance within the City. ' b. The map has been conditioned, to annex into Con:ununity Facilities Distri~t 2003-01 to offset, , ,the annual negative fiscal impacts of the project on public safety operations and .maintenance issues in the City. ' 'L' ' ',' ,n. c. The map has been conditioned to annex into Lighting and Landscape:Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public tight-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. u '. ,I j '~ .r~ \ '.. 4. The design of the proposed division of land or type .of improvements is not likely.to cause serious public health problems. a. Tentative Tract Map No. 32077 is conditioned, to comply with all. development standards of proposed Amendment No.' 3 to, the ,Canyon Creek Specific Plan, These standards have been prepared and reviewed to benefit the public health, safety and welfare. , 5. The design of the proposed division of land or the. type ,of improvements ,will no.t confliCt with easements, acquired by. the public, at 'large, for. access through ,or' use of property within the proposed division of land. a. , All known easements or requests ,for access have been incorporated into Tentative Tract Map No. 32077.' , "" ., ; (, ,. b. The map h~s b~en circ.ulate,d ,to City.depart~ents. and outside agencies; and appropriate conditions of approval have been applied for their 'approval during construction. , , ;" ',_.,' .:', , '; . J;',' AGENDA ITEM NO. J. \ PAGE Jf, OF 51 u PLANNING COMMISSION STAFF REPORT , JUNE 21, 2005 PAGE 13 of 13 PROJECT TITLE: GPA 2005-01, SPA 85.1 AMD. 3, TTM 32077, AND MND 2005-01 n 1. 2. (\ I I I , I i Ii II I (\ PREPARED BY: Carole K. Donahoe, AICP, Planning Consultant REVIEWED BY: ~~ APPROVED BY: Attachments: 3. Exhibit 'N - Vicinity Map Resolution for Adoption of Mitigated Negative Declaration No. 2005-01 a. Exhibit 'B' - Mitigated Negative Declaration No. 2005~01 and b. Exhibit 'C' - Mitigation Monitoring & Reporting Program (Separa~e Cover) Resolution for Findings of Consistency with the Multiple Species Habitat Conservation Plan Resolution for Approval of General Plan Amendment No. 2005-01 a. Exhibit 'D' - General Plan Amendment No. 2005-01 Resolution for Approval of Amendment No.3 to the Canyon Creek Specific Plan No. 85-1 a. Exhibit 'E' - Canyon Creek Specific Plan Amendment No.3 - La Strada Resolution for Approval of Tentative Tract Map No. 32077 a. Conditions of Approval for Tentative Tract Map No. 32077 b. Exhibit 'F', - Full-sized Tentative Tract Map No. 32077 c. Exhibit 'G' - Reduced colored TTM 32077 4. 5. 6. (Separate Binder) (Enclosure) (Enclosure) AGENDA ITEM NO. ;(\ PAGE 5'7 OF 5"1 (,.': .,; " 1.)~' ;1 "'; :h \>", I,. , .' " l'~ f" .c, ,', ',. ') ., -,'j' -, " " , " . u u u \/ n CITY OF LAKE ELSINORE . REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRMAN AND MEMBERS OF THE BOARD FROM: BARBARA ZEID LEIBOLD, CITY ATTORNEY DATE: JUNE 28, 2005 SUBJECT: EMPLOYMENT AGREEMENT FOR CITY MANAGER! EXECUTIVE DIRECTOR BACKGROUND In connection with selection of a City Manager and Executive Director, the City Council and Redevelopment Agency Board directed the City Attorney to prepare an n agreement setting forth the terms under which Interim City Manager Bob Brady will now serve as the permanent City Manager and Executive Director. DISCUSSION A draftEmployment Agreement prepared by the City Attorney will be reviewed by the City Council in closed session and entered into the record ofthe regular City Council meeting prior to City Council and Age,ncy Board action on this item. FISCAL IMPACT The draft Employment Agreement will establish compensation for the City Manager/Executive Director. RECOMMENDA nON That the City Council and Agency Board approve the Employment Agreement and authorize the Mayor and Chairman to execute the same. n f~,;:as~)A ~'i~;:~<-i ~o. ~""i I 3\ o.~ 2- /- I PREPARED AND APPROVED BY: APPROVED FOR LISTING BY: .j. ..~ . - . Barbara Leibold, City Attorney/Agency General Council .' ; . (, r; ftii1'~24 na:i It.;''. 3 I ~ L- I'J1 "2- J u u u o CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A.BRADY,CITYMANAGER -', ' :1. DATE: JUNE:28;2005 . .,.. " , . . .~ SUBJECT: CONDITIONAL USE PERMIT NO. 2005-02 AND COMMERCIAL DESIGN REVIEW NO. 2005-03 - JACK-IN-THE-BOX APPLICANT. . i Mr. Steve Schneider Lyons, Warren & Associates, Inc. 9455 Ridgehaven. Court, Ste.200 San Diego, CA 92123 " . , , . ~ . , PO', . ", " 0REOUEST (1 A ,Conditional Use Permit and Commercial Design Review for the construction of a drive~through restaurant pursuant to Chapter 8.6 (C-I: Neighborhood Commercial, District) of the Canyon Hills Specific Plan, .Chapter 17.38 (Non-Residential Design Review), Chapter 17.66 (Parking Requirements), Chapter 17.66.060 (Drive-Through, Establishments), Chapter 17.74, (Conditional Use Permits) and Chapter 17.82 (Design: Review) of the Lake Elsinore Municipal Code (LEMC, Chapter 17.66, Parking Requirel1?ents, Chapter 17.82, Design Review, and with all applicable standards ofthe Lake Elsinore Municipal Code (LEMC). BACKGROUND. :,' ,c, -- At its regular meeting of June 7,2005, the Planning Commission adopted Resolution. No. 2005-55 recommending to the City Council approval of Conditional Use Permit No. 2005-02, and Resolution No.2005c56 recommending to the City Council approval of Commercial Design Review No. 2005-03 (PC Minutes, Staff Report, Conditions of Approval, Resolutions,'and Exhibits attached). ' !". AGENDA ITEM NO. 3.:1 PAGE / OF ..3 9 "- ~ : . I ' , ...r REPORT TO THE CITY COUNCIL June 28, 2005 " "" PAGE 2 u DISCUSSION d~ , Items of discussion were related to. the site design and architectural detail of the proposed building. The Commission expressed satisfaction with the design and layout of the proposed project. It was the general consensus ofthe Plannirig Commission to accept staffs recommendation of approval as proposed. FISCAL IMPACT' The development will have a positive fiscal impact to the community and the City. The City will also be positively impacted by the increase in available jobs and the growth in the new neighborhood commercial businesses and drive through restaurants . in the surrounding areas, such as "Lake Elsinore Square" (Home Depot Shopping Center) and 'The Lake Elsinore Market Place" (Costco/Lowe's Shopping Center) that will be drawn by the location and new development. ' ENVIRONMENTAL u The Addendum to the 1989 Final Canyon Hills Specific Plan'Environmental Impact Report, which was prepared in accordance,with.Section 15l64,oftheState.CEQA Guidelines, provides the. necessary environmental clearances for the proposed applications. Accordingly, 'staffbelieves the proposed applications implement the land use objedives and' requirements of the" Specific Plan and finds that further environmental evaluation is therefore, unnecessary. ", :1',. \' , '. I"~ RECOMMENDATION ,-, .' " " The Planning Commission recommends that the City Council appr6ye the following applications based on the Planning Commission Findings and subject to the attached Conditions of Approval and Exhibits., : f 'I - . ' _~,' .' '.1.,_.. .'! i I. Approve Conditional Use Permit No. 2005,02: 2. Approve Commercial Design Review No. N6.2005-03. u AGENDA ITEM NO. ~). PAGE,t OF ..39 C d<JD5- oj' REPORT TO THE CITY COUNCIL .' n June 28, 2005 PAGE 3 PREPARED BY: KIRTACOURY, ASSOCIATE PLANNER . " APPROVED FOR' ".AGENDABY: . ATTACHMENTS' .', ',.'! 1. 'PC Minutes 2. PC Staff Report 3. PC Resolution ; 4:' PC Conditions of Approval .., n 5.' Exhibits "A" thru,"J" . (\ -,-,' " i! , :' AGENDA ITEM NO. 0.;( PAGE,3 OF .3'1 " -;1 .1" u GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Contract Agents from aily claim, action,.or proceeding against the City, its Official, Officers, Employees, Contract Consultants" 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 located on Pad" 15" of Planning Area 4, of the Canyon Hills Market Place, 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, thersafter, be responsible to defend, indemnify, or hold harmless the City. .. .. .. . PLANNING DMSION 2. Conditional Use Permit No. 2005-02 and Commercial Design Review; No. 2005-0Japproval for a "drive through" restaurant will lapse and be void unless a building permit is issued within one (1) year of the U approval date. An extension of time, up to one (1) year may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer and payment Of required fees one (1) month priorto expiration. 3. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Canyon Hills Specific' Plan and Municipal Code, prior to issuance of cenificate of occupancy and release of utilities. 4. All site improvements shall be constructed as indicated on the approved building elevations and site 'plan for the" drive through" restaurant. 5. Future construction shall be consistent with these Conditions of Approval, those conditions approved with Canyon Hills Market Place, Planning Areas 3 and 4, and those provisions and requirements contained in the Canyon Hills Specific Plan and Municipal Code, subject to approval by the Community Development Director or designee. 6. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. . 7. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. u AGENDA ITEM NO. 3;;l. PAGEL OF Jr \ (1 CONDITIONS OF APPROVAL Page 2 of 6 CONDITONAL USE PERMIT NO. 2005-02 AND COMMERCIAL DESIGN REVIEW NO. 2005-03 , 8. The building addresses (in. numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit, ~d public rigb,.t-of-way. The applicant shall obtain a street address prior to issuance of building pemlit. '9. The applicant shall co;nply with all requirements ~{ the City's 'Grading Ordinance. Construction' generated dust and erosion shall be mitigated in accordance with th~ provisions of Municipal COde, Chapter 15.72 and using accepted techniques. Intenm erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City~Engineer.) 10. The applicant shall comply with ~Il applicable City Codes and Ordinances. ' ~ 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance ~f building pemlit. " ' 12. A cash bond of $1,000.00 shall be required for any constructiontraiIers,used during construction. Bonds, will be released after removal of traiIer(s), subject to the approval of the Community Development Director or designee. (\ 13. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building pemlit: . .'i' , _I' 14. The project shall conn~ct to s~er,'and meet all re~irements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit' water and sewer plans to the EVMWD and, shall incorporate all cIlstrict conditions and standards. 15. The design and construction of the project shfIl meet all County Fire Department standards for fire , . .'. protection~' , ' ' 16. AIl mechanical and electrical equipment for the building shallbeground mounted. AIl outdoor ground , or wall mounted utility equipment shall be consolidated in a sentrallocation and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance 'of !,uilding pemlit. ' 17. AIl exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. AIl light fiXiuresshall be consistent with the architectural style of the building., 18. AIl exterior downspouts ,shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the C~)!nmunity Development Director or Designee. 19. AIl building signage shall comply with ,th~ Sign Program submitted to the Planning Division. ,:.J> .-t (\ AGENDA ITEM NO. PAGE ..5 OF J,;;( ..i9 CONDITIONS OF APPROVAL Page3of6 U CONDITONAL USE PERMIT NO. 2005-02 AND . COMMERCIAL DESIGN REVIEW NO. 2005-03 20. All. drive aisles and loading areas shall be kept and' maintm.ed free.:md' clear of any . materials/merchandise so as not to obstruct on-site'cirCuliltion and deliveries. ' '.' 21. Parking stalls shall be double-striped with, four-inch (4") lines two feet (2') apart. , , 22. Provide a 12-inch concrete paver along the side'of parking stalls that are adjacent to planters, (paver to include curb width)., ' , '.. ". . t' . ,. " 23. Applicant shall meet ADA (Americans with Disabilities Act) requirement~. , ..' " . "; 24. No exterior roof ladde~s shall be pennitted " 25. All service and loading doors shall be pm.ted to rriatch the building.' ' 26. Ori-site surface drllilage shall not cross 'sidewalks. , 27. Comply with the Mitigation Monitoring Program that was prepared for the 2003 Addendum to the' 1989 Final Canyon Hills Specific Plan EIR. IJ , , 28. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, ~eviewed and U approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building pennit~ . A Landscape Plan Check & Inspection, Fee ~i11 be charged priortofinallaridscape approval'based on the Consultant's fee plus forty percent (40%) City fee. ,', . , 'a)' d) '. e) t) b) AIIplai1ting areas shall haveperman~nt and automat;c sprinkler syste~ with 100% plant and grass coverage using a combination of drip and conventional inigation methods. Applicant shall plant streJi: t~ees selected from the City's Street Tre~, List, a m~~m of forty f<,et (40') apart and at least tWenty-four-inch (24") box in'siz,e. , , , ;., I' ., ;"'.., c) All planting areas shall be separated from paved arb~s with a ~~'~ch (6") high 'and six inch (6") wide concrete curb. t'i Planting within fifteen feet (15') of ingress/egress pOints shall be no higher th~ thirty_ six inches (36 "). . '. "" " ,',' , , Landscape planters shall be planted with .ill appropriate parkingIot shade tree pursuant to the LEMC and Landscape Design Guidelines. ' , , , Any transformers and mechanical orelei:tncal equipm~ni: shall be indicated on landscape plan and screened as part of the landscaping plan. U , -::'2- AGENDA ITEM NQ. PAGE " OF ";>9 CONDITIONS OF APPROVAL hp4~6 . n CONDITONAL USE PERMIT NO. 2005-02 AND COMMERCIAL DESIGN REVIEW NO. 200S-03. . "~ 'j) '.' ,-... ' ".- j-, ., 'J; 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 thelandscapingborid 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. . , , t~ . Alllandscapirig and irrigation shall be iristalled 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. '; " "r.,". ., ' , , Final landScape plan rilUst be consistent with approved site plan. . 'Jr , ." t', ;'.'): " E k) Final landscape plans to include planting and irrigation details. ,- ~ <. "<" .~.' . /'""'\. 29. Prio,; to issuance of any precise ~din~ permit or.building permit, the applic~t shall sign and comI'l~e ( , ,. an ,Acknowledgment of. Condiuons and shall return"the executed. ongmal. to . the CommUIlIt}' Development Departtnent for inclusion in the .case records:: '. , 30. The Condi~ions of Approval. shall be reproduced on subsequent building plans prior. to issuapce of b i1din" ., U gpeITI11t. : ."., , ..... ',' ," , . " ';: ' "-: j.' , :: . , -,- 17.78, (Noise Control) of the Lake Elsinore 31. The applicant shall at all times. comply with S'ection MUnicipal Code. 1 32. The applicant shall pay all appropriate City fees. ),,' ENGINEERING DMSION 33. Post left-turn only sign facing traffic exiting the drive-through. 34. Comply with underlying. Conditions of Approval.' c,l!'; ,- 1':",- !', '. , J. .,', 35. Landscaping along drive-rhrough isle shall not obstruct driver's view of adjacent shopping center entrance.,.. ," '-j . 36. .Trash enclosure shall be situated such that truc~s attempting,to. empty the bins do not block main drive isles. ..~ ,,' t" , . . . ; (' ~,;( AGENDA ITEM NO. PAGE 1 OF 39 - CONDITIONS OF APPROVAL Page 5 of 6 CONDITONAL USE PERMIT NO. 2005-02 AND' COMMERCIAL DESIGN REVIEW NO. 2005-03 '""". u 37. Access routes from Canyon Hills Drive to the restaurant shall be constructed prior to occupancy. ; '- I - ~ 38. Provide for, compliance with the' Santa Ana Regional Clean Water Run-off. Pennie. , . ,':" , ,'. ;< ;;' 39. Stacking for drive-through traffic on any pad shall not obstruct drive aisle circulation: 40. Pay all Capital' Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area . drainage fee, traffic impact fee (TIF), encroachment pennit fees and inspection fees associated with the j project.and itsdevelopmerit. ' ". _-,:. -.1' 41. 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 fmal map . approval. ' ..' .,' i' j -, "'.' li(, .f i" ., '! _' " 42. 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 fmal inspection of public wolks improvements will be scheduled and app~oved. ",.1' ii,l'1 '> 43. Provide fire protection facilities as required in writing by the Riverside County Fire Department. <. i :", '. . ~:, '}f ',,-\",., ';.'1 ; .-' 44. Applicant shall submiia traffic control plan' showing all traffic control devices for the project. All traffic control devices shall be installed prior to fmal inspection of public improvements., u 45. Apply. and obtain a grading pennit with: appropriate. security prior to building pennit 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. 46. Provide soils, geology and seismic report unless otherwise provided. I.'. 47. Siorm 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. . 48. Applicant will be required to install BMP's using the best ,available technology to mitigate any urban pollutants from entering the watershed: ,'-,j 1..1 :11 >. - 49. Applicant shall obtain approval from Santa An!, Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of. gradingpermits~ The applicant shall provide a WQMP .for pOst construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. u P AGENDA ITEM NO. PAGE i OF $'} n {'\ (\ CONDITIONS OF APPROVAL " Page 6 of 6 CONDITONAL USE PERMIT NO. 2005-02 AND COMMERCIAL DESIGN REVIEW NO. 2005-03 50. Education guidelines and Best Management PraCtices (BMP), shall be provided to residents of the development in the use of herbicides, pesticides, fenilizers as well as other environmental awareness education materials on good housekeeping practicenhat contribute to protection of stormwater quality and meet the goals of the BMP in Supplement" A" in the Riverside County NPDES Drainage Area Management Plan. , ' " - , . -, :, ~..,.' . - . . 51. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas anddrivew~s. 52. In accordance with the City's Franchise Agreeme;;t 'for ;"aste disposal and recycling, the applic;n;t shall be required to , contract with CR&R; Inc., for removal and disposal, of all waste material, debris, vegetation and other rubbish generated durillg cleaning, deinolition, clear and grubbing or all other phases of construction. 'j, , ;,,' i, , , " " ! " . , . .', , , ,~ 3~ AGENDA ITEM NO. PAGELOF 39 PAGE 3 - PLANNING CDMMISSIONMINUTES - June 7, 2005 PUBLIC HEARING ITEMS u 3. Conditional Use Permit No. 2005-02: and Commercial Desi!!n Review No. . 2005-03 -'- Jack-in the-Box (Canvoil Hills MarketPlace). Chairman LaPere opened the Public Hearing at'6:H pm'. City Manager Brady provided a brief overview of the project and requested Associate Planner Coury review it with the Commission and answer questions. c' Associate Planner Coury provided an overview and backgrouhd of the proposed project, . including the architectural elements and design of,the building. . f . " . . , . , '~,. '.' , " " . Steve Schneider, 9455 Ridge Haven Ct., San Diego, agreed with the Staff Report and Conditions of Approval as 'presented. . . '. .... .' .'. . . Vice Chairman O'Neal concurred with staff's recommendation. He noted his appreciation of the longitudinal section. He addressed the outside signage and requested clarification as to the sign plan. Associate Planner Coury noted the Canyon Hills Marketplace Uniform Sign Program which allowed for placement of individual tenant signs. He further noted that the applicant was required to comply with that program. u Commissioner Gonzales had no questions. Commissioner Larimer noted hersupport for the design and additional effort put into the project. Chairman LaPere addressed the approval of the Canyon Hills Marketplace sign program. Associate Planner Coury confirmed approval. There was. discussion regarding placement of the Jack in the Box sign on the pylon sign. City Manager Brady noted that the signs for the Railroad Canyon Rd. location. Associate Planner Coury confirmed Planning Commission approval of a 30-35 foot sign late last year. There being no further business, Chairman LaPere closed the Public Hearing at 6: 18 p.m. MOVED BY GONZALES,. SECONDED BY LARIMER AND PASSED BY A VOTE OF 4-0 TO u AGENDA ITEM NO. 7> ~ PAGE /0 OF .3 'I PAGE 4 - PLANNING CDMMISSIONMINUTES - June 7, 2005 (", ADOPT RESOLUTION "NO. 2005-55, A 'RESOLUTION OF THE PLANNING' COMMISSION OF TilE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE, PERMIT NO. 2005-02 FOR THE ESTABLISIlMENT OF A "DRIVE- THROUGIl FACILITY" LOCATED ON PAD "IS" OF PLANNING AREA 4, OF TIlE CANYON IIILLS MARKET PLACE. , ( MOVED BY LARIMER, SECONDED BY GONZALES AND PASSED BY A VOTE OF 4-0 TO ADOPT RESOLUTION NO. 2005-56, A RESOLUTION OF TilE PLANNING COMMISSION OF TilE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2005-03, FOR A "DRIVE-TIlROUGIl" RESTAURANT FACILITY LOCATED ON PAD "15" OF PLANNING AREA 4, , 'OF TIlE CANYON IIILLS MARKET PLACE (1 " "'! ' c: . .., ( ., , Commissioner O'Neal noted that Ii was pleased to see the street lamps' eights included in the plan. oDcem not included in the plan. l'yfanager Seumalo indicated that orne of the streets referenced Commissio r Gonzales were included in the Pav ent Management Program, which rates streets in e City for wedr and tear and grades t m .to maintain a certain level of quality., He note hattheCommunity Services Departme maintained the program. (1 , '3 .:;t ," AGENDA ITl:oM I~O. ' PAGE II OF.;'l , ,.1' PLANNING COMMISSION , ' STAFFREPORT u City of Lake Ehinore Planning Divi5ion 130S.MaD StJfi't 1m Elsi'lOre, 0\ nS30 (909)674-3124 (909) 471.1419 fall DATE: TO: Jupe 7,2005 Chairman and Members of the Planning Commission Robert A. Brady, City Manager' Kin A. Coul)', Associate Planner FROM: PREPARED BY: PROJECT TITLE: Conditional Use Permit No. 2005-02; and Commercial Design Review No. 2005-03 - Jack-in-the-Box (CiUl}'on Hills Market Place). APPLICANT: OWNER: Steve Schneider, Lyons, Warren & Associates, 9455 Ridgemore CoUrt, Ste. 200, San Diego, CA 92123. Colton T. SlIdbeny, CHMP, LLC., 5465 Morehous~ Drive,Ste. 260, San Diego, CA 92121. ' , u PROJECT REQUEST -I ,. "-. , A Conditional Use Permit and Commercial Design Review for the construction of a drive~through restaurant pursuant to Chapter 8.6' (C-l : Neighborhood Commercial District) of the CaJ1yonHills Specific Plan; Chapter 17.38 (Non"Residential'Design Review), Chapter 17.66 (parking Requirem'ent~);' Chapter 17.66_060' (Drive- Through Establishments), Chapter 17.74, (Conditional Use Permits) arid' Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code (LEMq. , ~ " , , ' .' . ENVIRONMENT Al:SETTlNG Project Vacant' C-l (PA4) Site " ' , North ' Vacant South Vacant " , East Vacant West Vacant Canyon Hills Specific Plan .' , ,~ u AGENDA ITEM NO.~-- PAGE l,t OF ~9 , n PLANNING COMMISSION STAFF REPORT JUNE 7,2005 Page 2 of 6 PROJECT TITLE: CONDITONAL USE PE~IT NO. 2005-02, AND COMMERCIAL DESIGN REVIEW NO. 2005-03 JACK-IN-THE-BOX (CANYON HILLS MARKET PLACE) PROJECT LOCATION The .65 acre project site is located on Pad ','15" of Planning Area 4 of the canyon Hills Market Place at the southeast comer of Railroad Canyon Road and Canyon Hills Drive. Access to the project site will be provided ~m Canyon Hills Drive.". _" .j PROJECT DESCRIPTION , The proposed project is identified as Pad" is" of Planning Area 4, of the Canyon Hills Market Place Shopping Center. The Shopping Center was approved by.the Plannmg Commission in 'October, 2004. Approval was given for the site plan and parking layout. The project site was conditioned to submit applications for conditional use peimits to allow for 'the drive-through establishments and design review for the building elevations. CONDITIONAL USE PERMIT NO. 2005'0.2 " n In compliance with the Conditions of Approval, the applicant is requesting the approval of a conditional use peimitto allow..for the establishment of a "drive-through" facility. ,The request for the "drive-through" facility is pursuant to Chapter 17.66.060 (Drive-Through Establishments). The proposed "Drive-Through" restaurant is anticipated to operate as a "24 hour establishment". Three (3) full time positions and 12 to 15 part time positions will be created by this facility. The "drive:through" portion of the restaurant will generate approximately sixty percent (60%) of traffic, with the remaining forty percent (40%) being generated by the dining room area. Parking for thJ proposed drive-through restaurant was analyzed accordingly. Finally, the. stacking distance for the drive-through lane will accoIilmodate eight (8) car lengths. ' -. . ! ,'" COMMERCIAL DESIGN REVIEW NO. 2005-03 ), ':' J' ' 'i) Architectural Design The applicant is proposing to construct a rectariguIar shaped "sand/loat'? fInish cement plaster building consisting of 2,783 square feet. The total land area is 28,270 square feet or; .65 acres. The building will occupy approXimately 10% of the total site.area which complies with the City"of Lake Elsinore's General Plan which allows a maximum of .40 Floor Area Ratio (FAR). ' ,i. ! t ';., i. The building will irIcorporate a pop-out tower entry element for visual relief and shadowing near the southeast portion of the building. The pop-out tower, as well as comer elements ot the building will incorporate a decorative stone veneer' ("Coronado Stone"). The stone veneer is also proposed as an' accent treatment around the drive-through' "pick-up" window. : The building will include metal trellis' features, ,simUlated arch elements and decorative aWnings over the windows' and the drive-through "pick-up" window, adding architectural. interest and detail. . '. n , ~d.. AGENDA ITEM NO. ' " PAGE /.3 OF d1 PlANNING COMMISSION STAFF REPORT:~' . JUNE 7,2005 Page 3 of 6 PROJECT TITLE: . CONDITONAL USEPE.RMIT NO: 2005-02, AND', COMMERCIAL DESIGN REVIEW NO. 2005-03 . JACK-IN-THE-BOX (CANYON HILLS MARKET PlACE) . u : ' Finally, the roof line of the pop-out tower elements includes a decorative cornice cap and is approximately 2.5 feet higher than the main,building roof line, providing articulation and variation to an otherwise straight 0, flat roof line, Colors and Materials Finish materials for the building exterior include color treatments' as ~ell as 'sco~~ lines to create horizontal and vertical visual interest. The proposed building will incorporate ;U;odiz~d'ahllllinoo.; storefront windows.., The maxirr:1um buil~g ,height is twenty.eight feet (28), which will be compatible.to adjacent industrial buildings.; . Building L~catio~ " _,'I , Color Material . , Building Walls Cornice Cap Accent BandlWainscot: . Wmdow Awning Wall Mounted Lighting, . Cement Plaster Shpwin Wdlitrms #SW633~ - Jersey Crwn. Painted Foam Cornice Sherwin Wd!itrms #SW6339 - Jersey Crwn Stone Veneer. p.. ,"0Iranad0" Stone Venar - Mountain Sunset '. Canvas AwningGtnws SunbrellaRed #4666 Lighting Fixture ANALYSIS, . L .;, u , .. . ., '-.,. The proposed drive-through establishment. has been ,found in conformance with all applicable' development standards of the Canyon Hills Specific Plan, and the Lake Elsinore Municipal' Code. In addition, the project has been designed with enhanced architectural, characteristics such as raised parapets, varying. color treatments and materials, and wall breaks to create' interesting building elevations. Staff feels that the proposed project will compliment the existing and proPosed development in the surrounding area. '." ' , ;. ' , . , ' ENVIRONMENTAL DETERMINATION J .\". The Addendum to the .1989. Final Canyon Hills Specific Plan Environmental'Impact Report, which was prepared in accordance with Section 15164 of the State CEQA ,Guidelines, provides the necessary, environmental clearances for the proposed applications, . Accordingly, . staff believes the' proposed applications implement the land use objectives and requirements of the Specific' Plan and . finds that further environmental evaluation is ~erefore, unnecessary. RECOMMENDATION" " . " .,,' r: " It is recommended that the Planning Commission adopt. Resolution. No. 2005-~ approving Conditional Use PerrnitNo: 2005"02, and Resolution No. 200S-~ recommending to the City Council approval of Commercial Design Review No:, 2005-03. This recommendation is based on the' following Findings, Exhibits, and attached Conditions of Approval. ' u AGENDA ITEM NO. 2>6l PAGE pI OF .3'9 n (\ (\ PLANNING COMMISSION STAFF REPORT JUNE 7,2005 Page 4 of 6 PROJECT TITLE: CONDITONAL USE PERMIT NO. 2005-02, AND COMMERCIAL DESIGN REVIEW NO. 2005-03 JACK-IN-THE-BOX(CANYON HILLS MARKET PLACE) FINDINGS - CONDITIONAL USE PERMIT :. 1. The proposed use, on its own merits and within the context of its sening, is in accord with the . objectives of the General Plan and the purpose of the planning district in which the site is located. In order ro achieu! a uxdl baIanarl and ./itnaimal mix of residentid, crrrm:!YCid, industrial, 0JX!n spaa:, ,rrr:rf'LJ.timd and insritutimalland uses, st4fhas tharougply emluated the land use amp:ni/7i1ity, noise, traJfr and other envi:rcnnmtal hazards niatrxlro the profXJsed CauIitimal Use Permit for the establishmmt of a "Driw- 1brough Facility" locateJ an Pad "15" of Planning Art'4 4, of the ~ Hills Market Pm. Aaurdingly, the profXIsed land use is in cuncurrr?JUE with the objoctirxs of the Gmeral Plan and the purjXJse of the p~j district inUhidJ the site is h:atm.' , .' . 2. The proposed use will nOt be detrimental to the general health, safety, comfort, or general welfare of per sOlIS residing or working within the neighborhood of the proposed use .or the City, or injurious to property or improve~ents in the, neighborhood or the City. In aauYd with the purposes of the Oapter 17.74 (Conditimal Use Permits) of the Lake Elsi:rwreMunU:ip;d Oxie, the city m:dized that the profXIsed Cmditimal Use Permit frthe establishmmt of a "Driw-7bn:Ju# . FtUility" locateJ an Pad "15" of Planning Art'4 4, of the ~ Hills Market Pm may haIX! a poteiu:ialro negatiudy imp:ta the mlfarr: of pirson.s residing orWYrkingwithin the neighlurlxxxi or the City. .Considering this, st4fhas substantiated that aU applicalie City Departmmts and Agencies haIX! lx:en a/JOrrkd the opportunity for a tharougp rr:uiew of the use and hau? inmrj;uratffJ aU applicalie carm:nts and/or condit:ims relataJ ro installatim and mamte1'ltlrlre of/mulsmping, stm!t dedicatims, regulaJims of points of Wimlar ingress and tgn:5S and antnil of potentid tiuisame5, so as ro e!imiJwe.any ~imp:tas ro the general hedth, safety, arrfUrt, or general mlfarr: of the surrounding neighlurlxxxi Vr the City. . , ., ,. ,- 3. The 'site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17, of the LEMC. . . . .' 1be profXIsed Conditional Use Permit for the establishmmt of a "Drice.:1brough Facility" locateJ on Pad '~15" . of Planning Art'4 4, of the ~ Hills MarketPm has lx:en desig;uxl in crmsideration of the size and s~ of the . ,l,;.,.,l., s-z....;.;., and ~/,-~ theinimliaie ~ arra. Further. the '. as profX!rty, UMevy UU'e'~~U'OUu,,:,,~u,o .... '. pro;ect profXJsed, will ~ the qualitj of eXisting deudnpmu and.will mate a visually pleasing, non-detraail:e relatimship. ktzam the profXJsed and eXisting projoctS, in that. the pYoposed use has lx:en rr!1Jiemr1ro. ensure adequate prrwision of S<.7W1ingfrcm the pub& rights-of-1mJ' or ~ prop:mies: 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity.of traffic generated by the subject use. . ," ",' '. ',. , ';, 1be profXJsed Cmditimal Use Permit for the establishmmt 0/ a "lJria!.1brough -Facility" locatrxl an Pad" 15" . of Planning Art'4 4, of the Gmytn Hills Market Pm has lx:en rwietmias ro its relati.on ro the width andtyp? of pawrmt nml1x1 to Carry the typ? and quanqty of traJfr generated, in that the City has adequately evaluatnl the potential imp:tas issocidf1xl with the profXIsed uses pmr ro its 'apprawI. and~. cofzditioniri the project ro k . . 1 ,_". < ., ' . AGENDA ITEM NO. 3.;>.. - , PAGE /5 OF ~'1 PLANNING COMMISSION STAFF REPORT JUNE 7,2005 Page 5 of 6 PROJECT TITLE: " )" CONDITONAL USE PERMIT NO. 2005-02, AND COMMERCIAL DESIGN REVIEW NO. 2005-03 JACK"IN-THE:BOX (CANYON HILLS MARKET PLACE) serurl by roads of adequate tafWity and desi[Jl staniltifds to provide reasoniihk turess by car, trUCk, transit, and biqie... ,:,', :-.:., ,". 5. In approving the subject"uselocated on Pad'''15" of.Planning Area 4, of the Canyon Hills Market Place there will be no adverse affect on abutting property orthe perrnined and normal use thereof. The profXJ5e1i U5(? has lrm tharoughly revieuui and cmditionai by all applimlieCityDepartrrmts and outside Agencies, eliminating the potential far any and all atiwYe ejftas on 'the abutting proJ;erty. , 6. Adequate conditions <l!1d safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to inirre that the use continues in a manner envisioned by these findings for the term of the use. '.' . Pursuant IDSectim 17.74.050 (Act.iiJn of the P~'OmmissWn)of the Lake ElsinoreMuniaJxd Ox!e (LEMC), the pYopo5ffi~ Use Perri!it fOr tI7e estabiishinetU of a "IJrire. ~F;routy" la:aIHi on Pad "15" of PIarming Area 4, of the Omftz Hills Market PLri has lrm scfuiuJaifar Crnsideratim and appruwl of the PIarming Gmmission. . , . ,'. 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 ~ ~ DesiwlReview la:aIHi on Pad "15" alPlanning Area 4, of the Gm;m Hills Market P!ae amplies with the goals and objectiu;sif we Geniral PLm, in that the appruwl if this ~ drire throzffP" restAurant faCility' will assiSt.' m dchieving the' deu:/opnmt oj a udJ-baLmmi and jUnaimal mix of residOzli:zJ; . cvrmmial, industrial, oJXin Space, nrreat:imal. and institut:imd land uses as 'ireD as enax.traging industrial land uses ID dii:ersifY Lake Elsinore's emumic base. , - _1 _. - 2. The' project complies with the design directives' contain~d . in 'Section 17.82:060 and all oilier applicable provisions of the Municipal Code. Tf:;e profXJSffl ilimmial Desiwl ReVieW looitRd an Pad'" 15" ofP~ Area 4, of the Gm;m Hills Market P!ae is apPropriate ID the site and sUrrounding deuWprmts in that the proposed "driI:e through" restAurant , facility has lrm desigooi in ansideratian of the ,size and sh~ of thejJrop?Yty, tbireby creazing interest fZJ1d uoying vistas as aperson ~ along the street. FUrther the project as proposal will amplmzmt the quality oj existing deu:/opnmt and will CYr?ate a visually pleasing, nan-deiraaiu! relationship betuw-z the profXJ5e1i and existingprojrts in that the arrhitoctural desWz, Color and material dmJ siie desif!flS proposal evidmre a cmam fr quality and ariginality. 3. Subject to the attached Conditions of Approval, the proposed p'roject is not anticipated to result '" in any significant adverse environmental impacts. " , . . The Addendum rothe1989 Final Gm;m Hills S~ Plan' Erwirmnmtal hrzpui Report; '11iich = prepared in aa:Urdanie with Sectim 15164 of the State CE QA Guidelines, ~ the I1fXESsary envirmmnJal dearances fr tlJe proposal apPlU:ddons. ACCOrdingly, staff beliero the proposal applications impImzmt the land AGENDA ITEM NO. ~~ PAGE /~ OF ..Jr u u u n (\ (\ PLANNING COMMISSION STAFF REPORT JUNE 7,2005 ' Page 6 of 6 PROJECT TITLE: CONDITONAL USE PERMIT NO. 2005-02, AND . COMMERCIA.LDESIGNREVIEW NO. 2005:03 . JACK-IN-THE~BOX (CANYON HILLS MARKET PLACE) use objoctiz,es and ~ oj the Sprofr Plan amt finds that fUrther efwirmmintal ewiuaJim is therefne, tI1'D7ireSSaYJ. . 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zonmg Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the '. objectives of Chapter 17.82. . . ... . . Pursuant to Sectiw 17.82.070 (Actim oj the Planning Carmissiun) of the lAke Elsinore MIIYIiri:pd Oxk l ' (LEMC), the pruJXJSed O:mnw:idl Desi[!fl Review Ia:atai (ffl Pad "W of Planning A rea 4, of the G:m;m Hills Market Plaa! hds been sdHiukrl for ansideraJim and approwl by the Plannmg CanmissWn. Prepared by: Reviewed by: Approved by: EXHIBITS. Exhibit 'A' Exhibit 'B; Exhibit 'C' Exhibit 'D' Exhibit 'E' . Exhibit 'F' Exhibit 'G' Exhibit 'H" Exhibit''!' Exhibit)' ,." ~A;CO~ry'A~OCi~e.p...IMm~ ~~." Rolfe Preisendanz, PI nnirt Manager , , Location Map! ..r I ' Site Plan . Site Sectio~s ' ,,' Floo~ Plan Building Elevations Prelimin:ny Landscape Plan Full Size Exhibits . . . . . Colored Site Plan (presented at hearing) . Colored Elevations (presented at hearing) Color and Materials Board (presented at heating) " ';i '. , r; . .,'} : ,'I _ ,f, J, ,'.. 3;1- AGENDA ITEM NO. /'7 ~1 PAGE OF ., , RESOLUTION NO. 2005-55 A RESOLUTION OF THE ~LANNING COMMISSION OF THE CITY OF LAKE; ELSINORE" CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-02 FOR TIlE ESTABLISHMENT OF A "DRIVE-THROUGH. FACILITY" LOCATED ON PAD "15" OF PLANNING AREA 4, OF THE, CANYON HILLS MARKET PLACE. ;, ' u 'WHEREAS, Steve Schneider, Lyons, Warren & Associates, has initiated proceedings to request the approval of Conditional Use Pemt No. 2004-20 for the establishment of a "Drive- TIrrough Facility" to be located on Pad "15" of Planning Area 4, of the Canyon Hills Marn:et Place; and 'WI-f!':REAS, the Planning Commission ,of the City of Lake, Elsinore has been delegated with the responsibility of approving Conditional Use Permits; and ' WHEREAS, public notice of said application has been gi'Zen, 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 June 7, 2005, , i.'~. NOW lHEREFORE, the PI.;;mmg Cpmmission of the City of Lake Elsinore DOES . HEREBY RESOLVE as follows: .' ' ( , SECTION, 1. The PI~g ThCormml'ssi~n has con~id7redfithed propod sded Co~ditiothnal Uthse U Penrut 2005-02 pnor to approval, e Ii anrung Cormmsslon m s an etenrunes at e Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines" provides the necessary environmental clearances for the proposed application, based upon the following fmdings and detenuinations: ,.1:, SECTION 2. That in accordance with State Planning andZonirig law and the City of Lake Elsinore the following findings for the approval of Conditional UsePemt No. 2005-02 have been made as follows: ' , " ' L The proposed use, on its own merits and within the context of its setting, is in accord with the ) objectives of the General Plan and the purpose of the planning district in which the site is located, In order to achieu! a m:IJ. l:danad and jUnctU:nal mix of resUlentid, CO'I1J'I'X!I'Ci, industrial, open spt;<<i?, 'recreational and institutional !and uses, staffhas tharVugply ewluated the !and use ccmpttibility, noise, trajjic and otf.er enuiYr.wm1Ia1 hazards relatRd to the JlYVfXJ5e1l Canditimal Use Permi1 jar the establishrrmt of a "Drir;e- Through Fadlity" locatRd on Pad "15" of Planning Area 4, of the Gm.Jm Hills Market Plan:. Acwniingly, the JlYVfXJ5e1l !and use is in ronmmnce with the objectiu!s of the General Plan and the purpose of the planning district in uhid? thesite is kx:ated. u AGENDA ITEM NO. ~.2 PAGE /g' OF .31, ("\ n n PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT 2005-02 Page 2 of 3 2. The. proposed use will not be detrimental to the general health" safety, comfort, or general welfare of persons residing or wOlking within the neighborhood of the proposed use or the City, . or injurious to property or improvements in the neighborhood or the City. In daurdwith thepurJXJSes afthe OJapter 17.74 (Canditimal Use Permits) of the Lake ElsinoreMzmi1ip11 0xIe, the City realized that the profiJsed OJruIitimd Use Pennit for the estahlishmmt of a "Driu:-7brouf!P . Facility" UxatRd on Pad "15" of Planning Amz 4, of the Gm)m Hills Market P!tuemay hm.e a potential to ne;,atiuiy imj;rJa theuxf/are ofpersans residing ar'lWYkingwithin theneig}J!:mhoai ar the City. Considering this, staffhas substantiatRd that allapplimlie City Dep;mments and Agencies hare b:en ajfinrJul the opJXYrIUnity for a thorough miew of the use and hm.e inrorjxJratRd all applimlie 'crmrmts and/ ar coi1dition.s relatRd to installation and maintmaJuJ! of landscaping, stm:t dedimtims, regulatims of points ofu1Jimlar ingress and ~ and rontrol of potential nuisames, so as to eliminate any ne;,ati1.e imj;rJas to the general health, safety, amJint, ar general uxf/are of the surroundingneighWrlxxxl arthe City.. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls, or fences, landscaping, buffers and other features. required by Title .17 , oftheLEMC. ." .'. " The profYJsed OJruIitional Use Pennit for the establishment of a ''Driu;.1brough Facility" UxatRd on Pad '~15" of Planning A mz 4, of the Gm)m Hills Market Plat:e has b:en desig;zed in consideration of the size and sfup? of the prop?rty, thereby strengthening and enhancing the, irrrmfiL11e ~ amz. Further, the projrt as profXJsed, will crmplement the quality of existing det:e/opm1t and will amte a visually p!msing, nm-detrtJl:1ire relatimship lxtuwJ the profXJsed and existing projrts, in that the proposed use. has b:en revielml to ensure adequate provision of scweningfrrm the publU: rights-of-wzy ar adjacent proJXrties. , '. 4. The site for the proposed use relates to streets and highways With proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. TheprofXJsed 0Jnditi0nal Use Pennitfor theestahlishmmtofa "Driu:-~h Facility" l~onPad "15" of Planning A mz 4, of the Gmyn Hills Market P!tue has b:en revielml as to its relatim to the widJh and type , of pawrmt neaIai to carry the type and quantity of traffic generatRd, in that the City has adequately ewluatRd the potential imj;rJas associdtRd with the proposed uses prior to its appruwl and has cmdit:iind the projrt to be serrn:l by roads of adequate capaD.ty and design standards to provide ret1SOJ1d!ie aam by car, truck, transit, and [';~..In. . vu..r-ec;, ..;' 5. In approving the subject use located on Pad "15" of Planning Area 4, of the Canyon Hills Market Place there will be no adverse affect on abutting property or the pennitted and normal use thereof. The profXJsed use has b:en thoroughly"Yl!lJieum and coruJitiartRd by all applimlie City Dep;mments and outside Agencies, elUnin4ting the potential for any and all adw-se ejfixts on the abtating prop?rty. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Pennit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.74.050 (Actim of the Planning Cmmission) of the Lake Elsinore Munidpal 0xIe . (LEMC), the projXJ5ed Canditimal Use Pennit far the establishment of a "Driu? 7brouf!P Facility" UxatRd 00 AGENDA i1b\iII~U. 3,;( , PAGE 11 OF ..sf PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT 2005-02 Page 3 of 3 u Pad "15~ of Planning Arru 4, of the 8m;m Hills Market Phre has bm sdxdulaiJOr: cmsideratim and appruwl of the Planning Gininission. ' -",' i ' 'l ' f' )'. :r" , f' NOW, 1HEREFORE, based on the above findings, the Plallning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permii No. 2005-02; , '; , ,;. ~ ',' ) Ron LaPere, Chairman Lake Elsinore Plalming Commission ' I.:" " t 'i , ,. . ',I ,,' ,..... I h~reby c~rtify thattl1e preceding re~olution ~as ~dopted' by the Planning COmmis~ionat a I)1~~~ing thereof conducted on June 7, 200? by the following vote: ' , AYES: Commissioners: ' LAPERE, ONEAL; GONZALES, LARIMER , " u NOES:' Commissioners: . i', ~. ABSENT: Commissioners: ,'" ,1 ABSTAIN: Commissioners:' , I ATTEST: ' , I'.' ,> \,' Robert A. Brady, Secretary to the Planning Commission -', I, " \ i, ,{: I"'" ':.. ;" !' ~" ,',' ! f' Ji' ',t,. u , 3o'Z AGENDA ITEM NO. PAGE ~O OF ,3 'I n RESOLUTION NO. 2005-55 "'J A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-02 . FOR THE ESTABLISHMENT OF A "DRIVE-THROUGH FACILITY" LOCATED ON PAD ,"15" OF PLANNING AREA 4, OF THE CANYON HILLS MARKET PLACE. , ,- . > , -. . . I . . . , .' , , , ,. -, . WHEREAS, Steve Schneider, Lyons, Warren & A~sociates, has initiated proceedings to request the approval of C~mditional Use Pennit No. 2004-20 for the establishment of a "Drive- 'Through Facility" to be located ~n Pad "15"'of Planning Area 4, ofthe Canyon Hills Matket Place; and ' , "'l' ',' WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits; 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 June 7, 2005. ' NOW..1HEREFORE, the Planning ,Commission..of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: . ' n SECTION 1. The Planning Commission has considered the proposed Co~ditional Use Pennit 2005-02 prior to approval. The Planning. Commission fmds and determines that the Addendum to the 1989 Final Canyon Hills Sp,cific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed 'application, based upon the following fmdings and determinations: . " ' . SECTION 2. That U;~ccordance with State Planning and Zoning law and the City of Lake Elsinore the following, findings for the approval of Conditional Use Pennit No. 2005-02 have been made as follows: .. : ' 1. The proposed use, on its own merits and within the context of its setting, is in accord with the ,objectives ofthe General Plan and the purpose <?f the planning district in which the site is 'located. ' . , . .'. ,. In order to achieu? a wdl btIanad and /Unctimd mix of residential, a:mmercial, indJAstrid, opm sPue, ni:reational and institutimd land uses, sta/fhds thoroughly ewiJIatn1 the land use amjl1IiJility, noise, traffic and other enviro1mmtal hazards relatal to the j7roJxJsed Cmdit:icnd/ Use Permit for the estaliisbnmt of a "~. Tbrough Facility" kxatal on Pad "15" ofPfar;ning ATf*1 4, of the CmyrnHiIls Market Place. Accurdingly" the projXJ5ed land use is in ~ 'lilith. the objectiro of the. General Plan and the purjXJse of tpe planning disiria in uhidJ the site is lomtRd. . , .., '. n AGENDA ITEM NO. :,..;:t PAGE ~ { OF ,3'1 PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT 2005-02 Page 2 of 3 u 2. The proposed use will 'not be detrimental to the general'health, safety, comfort, or general welfare of persons residing or wotking within the neighborhood of the proposed use or the City, or injurious to property.or improvements in the neighborhood or the City. In aaurdwith the purpO;es of the Cbapter 17.74 (Conditi.c>>7al Use Permits) oftk Lake Elsinore MunKipal Cftk, the City rWized that the projXJ5ed Cnnditimd USlf Permit fOr the establishment of a "I>riv?-7brough Facility" locatal an Pad "15" of PLmning Area 4, of the Gm)tn Hills Market Plda! may hau! a fXJtentid to negatiwly imp:u:t the uxJfare ofpersons. residing or'lWTkiitg within theneighwrlxxxlor the City. CnnsUlering this, sta/fhas subsiantiatal that all applimble City Def;w1mI:nisand Agincies haa? been ajjUrdM the opjxmunity jar a thorough review of the use and hau! inaJrpJratal all applimble a:.mrrmJs and/or candit:icns rekwxi to. " , installatim and rnaiiuintim:e of~strret ikdicatims, rr:gpbtidzs of points ofwhimlar ingress and ~ and control of fXJtentid nuisances, so as to elUninate any negatiu? inifxMs to the general hedth, safety, amfm, or . general uxJfare of the surrrJlfJ1ding neigliurlxxxl or the City, . , '." , .' . .. l. ' ,.;," ' " "',' ,.' .' 3. The site for the intended use is. adequate in size and shape to accommodate the use, and forall, the yards, setbacks, walls or fences:. landscaping, b1Jffers' and other features required by Title ,17 of the LEMC. ' The projXJ5ed Cnndit:ii=1 Use Permit jar the establishment of a "Dri1x:-Through Fd1:ilit'j" locatal On Pad "15" of PIarming Ami 4, of the Gm)tn Hills Market Plda! has been desilJ1<<! in cOnsideratiOn of the size and ~ , of the property, then:by strengthening and enham:ing the immliate crrnrrx!rlial area. Further, the prujea as prUfXJsed, will crrnrJmmt the qudity of existing deuJnpmu and will mzzte a visually pleasing, nm.JetrtK1ire U rrdatimship betumz the projXJ5ed and existing projrts,in thatthe projXJ5ed use has been revieitHi toenswe ' adequate provision of scremingfrrm the public rights-ofJrmy or adiacer:t proJx?rties~ . - .' ." ,1 .,' .' , 4. The site for the proposed use relates to streets and highways with proper design both as to'width and type of pavement to cany the type and quantity of traffic 'generated by the subject use~ _ . . . The pr0p05ffi Cnnditimd Use Permit jar the establishment of a "Dri1x:-7hrough Facility" located an Pad "15" . ofPIarming Area 4, of the.Gm)tn Hills Market Plda! has been revie1mlas to itsrelatian to the width and typ< of pawimt neRJiai. to carry thetyp< and quantity of tra/fr generated, in thatthe City has adequately eu:duatai '. the fXJtentid imp:u:ts associatalwith the pr0p05ffi uses prior to its appraml and has muIitimal the prujeato k sermi by roads of adequate captuity and desilJ1 standards to provUie reasonable =5 by car, truck, trcrnsit, and biryie. . . . . , . 5, In approving the s";bjed use located a;} Pad "15" of Planning Area 4, of the c:.uyoil I-lills MaIket Place there will be no adverse affect on abutting property or the permitted and normal use thereof. The projXJ5ed use has been tharou<jJly revie1ml and muIitimal by all applicttJie City DeJxrrtments and outside Agendes, eliminating the fXJtentid jar any and all adu?rse effects an the abutting property. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC' have been incorpOrated into the approval of the Conditional Use PeITnit to'insure that the use continues in a manner envisioned by these findings for the term of the use, ., . Pursuant to Sedion 17.74.050 (Aaim of the Planning Gmmissim) of the Lake Elsinore Municipal Cftk (LEMC), the pr0p05ffi GJJUlitimd Use Permit for the establishmem of a "I>riv?-7brough Facility" locatal an U :,~ AGENDA ITEM NO. PAGE 012. OF'~ '1 (\ (\, n . PLANNING COMMISSION RESOLUTION'FOR ' CONDITIONAL USE PERMIT 2005-02 Page 3 of 3 . . Pad "15" of Plmming Affii 4, of the Gm:y:n Hills MarketPlace hasbrm schcW.JaifOr cunsideratim tmd . apprum/ of the Plmming Gmmissim. .1 " NOW, 1HEREFORE; bas~d onihe abov~findirigs, the Planning Commission of the City of Lake Elsinore DOES HEREBY APPROVE Conditional Use Permit No. 2005-02. ,,'I. ~ : Ron LaPere, Chairman , Lake Elsinore Planning Commission I' . . - . ., I herebY certify that the preceding iesoluti~n was adopted by the Planning Commi~sion at a meeting thereof conducted on June), 2005 by the following vote: .. .' , '.. .' .- .. '. . .' . . AYES: NOES: ABSENT: . ABSTAIN: ATTEST: Cbmffiissioners: . LAPEREiONEAL, GONZALES, LARIMER ,', Commissioners: . Commssioners: Commissioners: J' Robert A. Brady, Secretaiy to the Planning CommissioI1 c "'C', , . ,. 0. . t AGENDA ITEM NO. ~;<, PAGE~OF ..39 RESOLUTION NO. 2005~'56 u A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, .RECOMMENDING CITY COUNCIL :APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2005.03" FOR A. "DRIVE-THROUGH" RESTAURANT FACILITY LOCATED.ON PAD "IS" OF PLANNING AREA 4, OF THE CANYON HILLS MARKET:PLACE .' . .j,: " 1,', W'HEREAS, an application has been filed with the City of Lake Elsinore by Steve Schneider, Lyons, Warren & Associates, to request a Commercial Design ReviewNo. 2005-03 for a "drive through" restaurant facility building totaling 2,783 square feet on .649 acres of vacant land; . NOW 1HEREFORE, the ,Planning Commission of th,e pty .9f Lake Elsinore DOES HEREBY RESOLVE as follows: . .' ... . . SECTION 1. The Planning Commission has conside~ed the proposed requ~st for the Commercial Design Review No. 2005-03 prior to making a decisio~. to recommend that the City Council approve the proposed "drive through" restaurant facility. The Planning Commission fmds and determines that the Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed application" based upon the following fmdings and determinations; . u SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the approval of have been made as f9poy;S: 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. Theproposed Clrmrrr:ial Design Reviewkx:atedon Pad "15" of Planning Area 4, of the Carrpl Hills Market . Plaa: am{iies with the ~ and objoctires of the General Plan, in that the appruwl. of this "drir:e througjJ" , resfLlUrant fadlity will assist in at:hieuing the dea:/apnmt of a wdl-bahnmi and jitnctimal mix of residential, armx:rrial, industrid, open space, rrrrratianal and instil1ttimalland uses as wdl as enmuraging industrid land uses to diocrsifY Lake Elsinare's econanU: base. . 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. u AGENDA ITEM NO. 3.;t PAGE .:11 OF :I? ('\ PLANNING COMMISSION RESOLUTION FOR , COMMERCIAL DESIGN REVIEW NO. 2005-03 Page 2 of 3 1he prvposeri O:rmmial Desi'lflRroiewlocatedon Pad "15" of Planning Area 4, of the CarrplHills Market P!tue is appropriate to the site and sUrrounding deix10prmts in that the proposed "driu; througp" restaurant fatility has lxm desi'lfllXl Uz cmsideratim of the size and shape of the property, thereby creating. interest and wrying vistas as a person 1710iES almg the street. Further the projea as proposed will crmp/armt the quality 0/ existing deudopnmt and will create a visually pleasing, nm.<fetract.ia? rel4tianship bemxm the proposed and existing projrts in that the ardJireaural desi'lfl, color and rnaterid and site desi'lflS prvposeri evidma! a crnmn JOr qud/ity and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated.to result in any significant adv;rse environmental impacts. '.' , 1he AddemJum to the 1989 Find Carrpl Hills SpocifU: Plan Errvirrnnmtal /mp;Il1 Report, '1Rhh W1S prepami in aa:urdame with Sectim 15164 of the State CE QA Guidelines, provides the rm::ssary enuirmrrmJal clearances JOr the prvposeri applicatims. Accordingly, staff lx:lieces the prvposeri appliations.imp/mmt the L:md use obja:t;iws and requimrmJs of the SpocifU: Plan and finds that /itrtkr errvirr:nrrmtal ewluation is therefUre, tD11'llre5sary. r I 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 o . objectives of Chapter 17.82. Pursuant to Soctian 17.82.070 (Actim of the Planning O:mmission) of the Lake Elsinore MuniciJul Code (LEMC), the prvposeri Ccmnvr:id Desi'lfl Rroiew located on Pad "15" 0/ Planning A rea 4, of the Carrpl Hills Market P!tue has lxm sdxxluiRxl for cansUleratim and apprawl by the Planning Corrmission. NOW, lliEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of Design Review for Industrial Project No. 2004-05. Ron LaPere, Chairman Lake Elsinore Planning Commission I hereby certil)r that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on June 7,2005 by the following vote: o AGENDA iTEM NO. ~^- , PAGE d.5 OF 39 , PLANNING COMMISSION RESOLUTION FOR' COMMERCIAL DESIGN REVIEW NO. 2005-03 . Page 3 of 3 u . A YES: Connnissioners: , 'LAPERE; ONEAL, GONZALES, LARIMER ' " . NOES:' . . Connnissioneis: II.. " ,\ . , ~: .., ABSENT: Connnissioners: ABSTAIN: Connnissioriers:' , " ~') -.. , ATTEST: L,\, , ' Robert A. Brady, Secretary to the Planning Commission .". I.;' . '-', ': u " f: ;,' '.J :i '~; "'. j-, L. . r .' . .'_,";", " "',j u , " '- 3:1. A\;Jt:.l"'~n .. ....... .. -. ----'---.-....- " PAGE .;?~ OF .J9 (\ GENERAL 1. The. applicant shall defend (with counsel acceptable to the City), indemnify, and hold hannless the City, its Official, Officers, Employees, and Contract Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, Contract Consultants,. or Agents to attach, set aside, void, or annul an approval of the City, its advisoty agellcies, appeal boards,.or legislative body concerning the subject project located on Pad "15" of Planning Area 4, of the Canyon Hills Market Place, 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 hot, thereafter, be responsible to defend, indemnify, or hold hannless the City. -' PLANNING DIVISION n 2. Conditional Use Permit No. 2005-02 and Commercial Design Review No. 2005-03 approval for a "drive through" restaurant will lapse and be void unless a building permit is issued within one (1) year of.the approval date. An extension ohime, up to one (1) year may be' granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer and payment of required fees one (1) month prior to expiration. t.', 3. All construction shall comply with.these Conditions of Approval and those provisions and requirements ,contained in the Canyon..Hills Specifi~ ,Plan and Municipal. Code, prior to issuance of certificate of occupancy and release of utilities. . ,. 4. All ,site ll:nprovements shall be constructed as indicated on the approved building elevations and site. plan for the'~drive through" restaurant. . , .' 5. Fu~ure construction shall be c6nsi~ent with these Co~ditions of Approval, those ~onditions approved . with Canyon Hills Matket Place, Planning Areas 3 and 4, and those provisions and requirements contained in the Canyon J:iil!s Specific Plan and Municipal Code, subject to approval by the Community Developmentj)irectorordesignee, .;: ":. ". . , . . , .' .. . . 6. Ally revisions to approved site plans or building elevatio~s shall be reviewed and approved by the Community I)evelopment Director or designee. , I' ! .. 7. Materials and col6rs d~picted on the materials board shall be used unless 'modified by the Co~unity Development Director or designee. n AGENDA ITEM NO. ~::l - . PAGE 0<1 OF .39 CONDITIONS OF APPROVAL Page 2 of 6 CONDITONAL USE PERMIT NO. 2005-02 AND COMMERCIAL DESIGN REVIEW NO. 2005-03 . u 8. The building addresses (in nunierals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of-way. The applicant shall obtain a street address prior to issuance of building permit. ' 9. . The applicant shall comply with all requirementS' of the. City's 'Grading ordinance.' Construction generated dust and erosion shall be mitigated in accordance' with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion-control' measures' shall be provided 30 , days after the site's rough grading, as approved by the City Engineer. " " 10. The applicant shall comply with all applicable City Codes and Ordin~ces. 11. Trash enclosures shall be cOhstructed per City standards as approved by the Community fuelopment Director or designee, prior to issuance of building pennit. 12. A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds. will be released after removal of trailer(s), subject to the approval of the Community Development Director or designee. . 13. The applicant shall pay school fees to the Lake Elsinore Unified Schoo)DiStrict :prior to issuance of , building pennit. ' ,,' . u 14. The project shall connect to.sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall.submit water'and'seWerplans to theEVMWD and shall incorporate all district conditions and standards. . . \ \' " 15. Thedesign'and construction"of the pioj~ct shall meet all Count:}' Fire Department 'standards for fire protection. " ", . 16. All mechanical and electrical equipment for'the'building shall be grbundmounied All outdoor'gtound or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permit.' " -, j', -' .;' 17. All exterior on-site lighting shall be 'shielded and directed on-site so as'not to createglare"onto neighboring property and streets or allow illumination above thehoriwntal plane of the flXtuie: . All light fixtures shall be consistent with the architectural ,style of the ~uiIding. 18. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Comm~ty D~velopment Director or Designee. . ' ", ,'. ' ,. ", ' '. , . ,~ 19. All building signage shall comply with the Sign Program submitted to the Planning Division. u AGENDA ITEM NO.. 3.a PAGE :<3 OF .39 (\ n n CONDITIONS OF APPROVAL Page 3 of 6 CONDITONAL USE PERMIT NO. 2005-02 AND COMMERCIAL DESIGN REVIEW NO. 2005-03. 20. All drive aisles and loading areas shall be kept. and maintained 'free and clear of any materials/merchandise so as not to obstruct on-site' circulation and deliveries.' 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart' . 22. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to . include curb width). 23: Applicant shall meet ADA (Americans with Disabilities Act) requirements: . . 24. No exterior roof ladders shall be permitted. , r, ... 25. All service and loading doors shall be painted to match the building. 26. On-site surface drainage shall not cross sidffialks. 1: ',' 27. Comply with the Mitigation Monito~g Program that was prepared for the 2003 Addendum to the 1989 Final Canyon Hills Specific Plan EIR. ' 28. Three' (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted; reviewed arid approved by the City's Landscape Architect ConSultant and the Community Development Director or designee, prior to issuance of building permit. . A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a,combination of drip and conventional irrigation methods., b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch(24") box in size. ' c) All planting areas shall be separated from paved areas with a 'six inch (6") high and six inch (6") wide concrete curb. d) Plmting within fifteen feet (15') of ingress/egress points shall be no higher than thirty- six inches (36"). ' , . e).. Landscape plariters shall be planted with an appropriate' parking 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. 3;). AGENDA ITEM NO. . "PAGE ~q OF Jr CONDITIONS OF APPROVAL Page 4 of 6 CONDITONAL USE PERMIT NO. 2005-02 AND COMMERCIAL DESIGN REVIEW NO. 2005-03 u 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. . ", J 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. . ~ 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. ,-..,'.' i' D Final landscape plan must be consistent with approved site plan. ;. ".' . '.' " k) Final landscape plans to include planting and irrigation details. J' 29. Prior to issuance of any precise grading permit or building permit, the applicant shall sign and complete U an "Acknowledgment of Conditions" and shall retumthe executed original' to; the Community Development Departtnent for inclusion in the case records.' . , . . 30. The Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. 31. The applicant shall at all ,times, comply. with :Section 17.78 (Noise Control) 'of the Lake Elsinore Municipal Code. . ), "... 32. The applicant shall pay all appropriate City fees. ENGINEERING,DMSION.' , " 33. Post left-turn only sign facing traffic exiting the drive-through. , -1 34. Comply with underlying Conditions of Approval. 35. Landscaping along drivNhroughisle shall not obstruct driver's view of adjacent shopping center entrance. ' 36.. Trash enclosure shallbe situated suc4,thattrucks attempting to 'empty the bins 'do dot block main drive isles.- _, u AGENDA ITEM NO. 3;;>, PAGE aO OF ..3? (\ CONDITIONS OF APPROVAL Page 5 of 6 , CONDITONAL USE PERMIT NO. 2005-02 AND' : . COMMERCIAL DESIGN REVIEW NO. 2005-03 37. Access routes from Canyon Hills Drive to the restaurant shall be constructed prior to occupancy. 1. ',. " ,,". .. 38. Provide for compliance with the Santa Ana Regional Clean Water. Run-off Pennit. 39. Stacking for drive~through traffic on any pad shall not opstruct drive aisl~' circulati~n. 40. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area ,drainage fee, traffic impact fee (TIF), encroachment pennit fees and inspectionJees associated with the project and its development. , . 41. Submit a, "Will Serve:'lettertothe 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. .' . . , 42. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 v.," x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 43. Provide fire protection facilities as required in writing by the Riverside County Fire Department. (1 44. Applicant shall submit a traffic control plan showing all traffic control devices for the project. All traffic control devices shall be installed prior to fmal inspection of public improvements. 45. Apply and obtain a grading pennit with appropriate security prior to building pennit 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 pennit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 46. Provide soils, geology and seismic report unless otherwise provided. 47. 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. . 48. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 49. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the gi-adingplan prior to issuance of grading pennits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance (\ responsibilities. PAGE ...31 OF ~d- .31 AGEt-1DP, lTEi.'~ NO. CONDITIONS OF APPROVAL Page 6 of 6 CONDITONAL USE PERMIT NO. 2005-02 AND COMMERCIAL DESIGN REVIEW NO. 2005-03 ' l', u 50. Education guidelines and Best Management Practices (BMP) shall be provided to residents of th!: 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 stonnwater quality and meet the goals of the BMP inSuppleinent <<A" in the Riverside County NPDES Drainage Area Management Plan. f J; ,,; ,l 51. Applicant shall proVide fIrSt flush BMP's using the best available technology that will reduce stormwater 'pollutants from parking areas and driveways.' " , . 52. In accordance with the City'sFranchise A.gre~~eht for waste disposal 'and re~ycling, the applicant shall . be ,required to contraCt with CR&R, .Jnc.~ for removal'and. disposal. of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing 01' all: other phases of construction. . , . '..J. , ,1,1 -, .\ , , I "~, .<,j' ; , r ~ - '-'r ., -,' , ,,~>., ;. , .'- ,,;'1' 1,:'( . ~_ ."1, ,"i.., i... , ., 1,-; " f.' j' ~. ,; " 't\: . _.,',",-' , i ~ : j , .' . ;'. : i.. .,' ,- 1_.' >, ,I' ., u :i" ij -, ; ", .' f~' . '-. ) :. ;.,'. . ,-j J!: /", u 3;;L AGENDA ITEM NO. PAGE ~~ OF <3 ? (\ ~ i . LOCATION MAP, 'H ~I: ~I- '" '" !i: ... .. '" -~ ... ::t ::t ::> o. z '" 0 ... . l- I- --' ... I>> z: z: > '" 0 0 ::> ::> ... " <( .. 0 0 0 0 0 '" 0 '" '" z " <> '" z: z: z '" '" ;= ~ '" '0 :z :z I>> ~ :z ~ ~ <( 'i X ::t o. o. ... . ! . . " . " . i . . . . . . . 00 . " . .. . \ . . . . . . . . .. -' <( :z --' --' 0 ... .. <(. 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