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HomeMy WebLinkAbout08/23/2005 CC ReportsCITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E. "BOB" MAGEE, MAYOR - W W W.LAKE- ELSINORE.ORG ROBERT L. SCHIFFNER, MAYOR PRO TEM (951) 674 -3124 PHONE THOMAS BUCKLEY, COUNCILMAN (951) 674 -2392 FAX DARYL HICKMAN, COUNCILMAN LAKE ELSINORE CULTURAL CENTER GENIE KELLEY, COUNCILWOMAN 183 NORTH MAIN STREET ROBERT A. BRADY, CITY MANAGER LAKE ELSINORE, CA 92530 *k9::Fk * *kkk *k;pk:F of 9;** kki :k9:k *',Fkk * * *� *:F *kk *k *kk #kk9: is :�k *kk:F # * }k:Fkk TUESDAY, AUGUST 23, 2005 — 7:00 P.M. If you are attending this City Council Meeting please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact ofr meetings on the Downtown Business District. Thank you for your cooperation! CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code § 54956.9) Kilroy et al v. City of Lake Elsinore, (Riverside Co. Superior Court Case No. RIC 434832). b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: (1 potential case). Page Two — City Council Agenda — August 23, 2005 PRESENTATIONS /CEREMONIALS A. Proclamation (Woman's Club) PUBLIC COMMENTS -- NON - AGENDIZED ITEMS —1 MINUTE (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Mayor will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless Councilmember or any member of the public requests separate action on a specific item.) Minutes a. Joint City Council /Redevelopment Agency Study Session — July 26, 2005. b. Regular City Council Meeting — July 26, 2005. RECOMMENDATION: Approve. Warrant List — August 15, 2005. RECOMMENDATION: Ratify. Investment Report for June 2005, RECOMMENDATION: Receive and file. 4. Riverside County Gang Task Force Memorandum of Understanding between Riverside County and the City of Lake Elsinore. Page Three — City Council Agenda — August 23, 2005 5. rol 7 RECOMMENDATION: Approve MOU between Riverside County and the City of Lake Elsinore. Amendment to Resolution No. 2005 -74 and 2004 -61, Appropriation Limits F/Y 2004 -2005 and F/Y 2005 -2006 (Proposition 4). RECOMMENDATION: Adopt Resolution 2005 -110, amending both 2004 -05 and 2005 -06 Appropriation Limits. Authorization to approve Broker Dealer Agreement. RECOMMENDATION Purchase of squad fire vehicle. RECOMMENDATION Authorize the City Manager and Director of Administrative Services the authority to execute the other Broker Dealer Agreements related to the investment plan. Approve $75,000 from prior year unallocated revenue, waive the formal bidding process, and approve the purchase of the vehicle and other items as detailed in the accompanying information packet from the Fire Department. S. Planning Division Contract Staff Personal & Professional Service Contracts. RECOMMENDATION Authorize the City Manager to prepare and enter into a contract with the above contract staff to provide specialized planning services on an annual basis. Page Four — City Council Agenda — August 23, 2005 9. Request for No Parking on Canyon Estates Drive at Stoney Creek Drive. RECOMMENDATION Adopt Resolution No. 2005 -111, prohibiting parking on the easterly side of Canyon Estates Drive 250 feet easterly and 200 feet northerly of Stoney Creek Drive. 10. Request for No Parking on Sumner Avenue in front of Elsinore Elementary School. RECOMMENDATION PUBLIC HEARING Adopt Resolution No. 2005 -112, prohibiting parking as shown in the staff report. 21. Public Hearing on the proposed street vacation of Flint Street. RECOMMENDATION: Continue the report to the September 13, 2005 City Council Meeting. 22. Public Hearing on the formation of CFD 2005 -2 (Alberhill Ranch); Joint Community Facilities and Fee Deposit & Reimbursement Agreements; call a Special Election; canvas election results; authorizing levy of Special Taxes. RECOMMENDATION Adopt Resolution No. 2005-113, approving two Joint Community Facilities Agreements and two Fee Deposit and Reimbursement Agreements. Adopt Resolution No. 2005-114, approving the formation of the District. Page Five — City Council Agenda — August 23, 2005 Adopt Resolution No. 2005 -115, to incur bonded indebtedness and calling a special election. Adopt Resolution No. 2005 -116, ordering canvassing of the election results. Introduction and adoption upon first reading, by title only of Ordinance No. 1157, authorizing the levy of a Special Tax. 23. Public Hearing — Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services); call a Special Election; canvas election results; authorizing levy of Special Taxes for CFD 2003 -1 Annexation Area No. 14 (Lakeview Villas). RECOMMENDATION: Adopt Resolution No. 2005 -117, determining the validity of prior proceedings. Adopt Resolution No. 2005 -118, calling a special election. Adopt Resolution No. 2005 -119, ordering canvassing of the election results. Introduction and adoption upon first reading, by title only of Ordinance No. 1158, authorizing the levy of a Special Tax. 24. Formation of CFD 2005 -4 (Lakeview Villas); Joint Community Facilities Agreement; call a Special Election; canvas election results; authorizing levy of Special Taxes. Page Six — City Council Agenda — August 23, 2005 RECOMMENDATION Adopt Resolution No. 2005 -120, approving the Joint Community Facilities Agreement. Adopt Resolution No. 2005 -121, approving the formation of the District. Adopt Resolution No. 2005 -122, to incur bonded indebtedness and calling a special election. Adopt Resolution No. 2005 -123, ordering canvassing of the election results. Introduction and adoption upon first reading, by title only of Ordinance No. 1159, authorizing the levy of a special tax. 25. Tentative Parcel Map No. 33525 "For Condominium Purposes" and Industrial Design Review No. 2005 -02 — J &S Development Business Park. RECOMMENDATION 26. Cottage Lane Specific Plan. RECOMMENDATION Adopt Resolution No. 2005 -124, approving Tentative Parcel Map 33525 "For Condominium Purposes" Adopt Resolution No. 2005 -125, approving Industrial Design Review No. 2005 -02. Adopt Resolution No. 2005 -126, adopting Findings of Consistency with the MSHCP. Adopt Resolution No. 2005 -127, adopting Mitigated Negative Declaration No. 2005 -02. Page Seven — City Council Agenda — August 23, 2005 Adopt Resolution No. 2005 -128, adopting Cottage Lane Specific Plan No. 2004 -01. Adopt Resolution No. 2005 -129, adopting Tentative Tract man No. 32996. Adopt Resolution No. 2005 -130, adopting Residential Design review No. 2005 -06. BUSINESS ITEMS 31. Second Reading — Ordinance No. 1153 — Amending Chapter 16.74 to title 16 of the Lake Elsinore Municipal Code establishing fees on development projects. RECOMMENDATION: Adopt Ordinance No. 1153, upon second reading by title only. 32. Second Reading — Ordinance No. 1156 — Authorizing the levy of a services special tax and special tax. RECOMMENDATION: Adopt Ordinance No. 1156, upon second reading by title only. 33. Amendment to Chapter 5.78, regarding Significant Palm Trees. RECOMMENDATION: Introduction and adoption upon first reading, by title only of Ordinance No. 1160. 34. Easement for Stadium parking lot property (Parking Lot Q. RECOMMENDATION: Authorize the Mayor to execute the Easement, subject to any minor modifications as may be approved by Page Eight — City Council Agenda — August 23, 2005 the City Attorney and, further, authorize the City Manager to execute any ancillary documents necessary to implement the terms of the Easement. 35. Affordable Housing Agreement imposing restrictions on real property (Alliance Realty Partners LLC). RECOMMENDATION: Authorize the Mayor to execute the Agreement subject to any minor modifications as may be approved by the City Attorney. PUBLIC COMMENTS -- NON - AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT "4 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CTCY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE; ELSINORE, CALIFORNIA TUESDAY, JULY 26, 2005 CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4:02 p.m. ROLL CALL - PRESENT:'.- t'� ABSENT: t� COUNCILMEMBERS:,.BUCKLEY; HICKMAN, KELLEY, SCHIFFNER, .. MAGEE COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake &.Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, Community Services Director Sapp; Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, Building & Safety Manager Chipman, City Engineer - Moehling,-Planning,Manager Preisendanz, Public Works Manager Payne, City Treasurer Weber and Office Specialist I:Soto.-. DISCUSSION ITEMS Mayor Magee gave an &erview of the presentations; and confirmed.thatthe awardees would be present at the 7:00 p.m. meeting. . Agenda Item No.J—Q_ Page I of 13 PAGE TWO STUDY SESSION MINUTES— JULY 26, 2005 PUBLIC COMMENTS No comments: CONSENT CALENDAR 1. Minutes. No comments. ' 2. Warrant List — July 15, 2005. Councilman Hickman requested clarification of various checks issued on the warrant list. Staff clarified the items.. 3. Extension of Term of Franchise for cable television. Councilman Buckley questioned if Comcast. was getting bought by Time Warner. City Manager Brady.clarified that was correct Mayor Magee commented that upon meeting with Comcast a message was relayed to the previous City Manager that sound issues:had to-do with the present speaker system, not Comcast. He suggested.following the example of the City of Corona in regard to writing an agreement that stated Comcast assist in perfecting the audio in Council chambers. 4. Human Resources Reorganization. Councilman Hickman.questioned if Human Resources was solely paying for the' Payroll Specialist position. � - � r +: If]_ , , Administrative Services Director Pressey clarified that the position would be divided between Finance and Human Resources. Agenda Item. No. \� Page - Of_�3 PAGE THREE STUDY SESSION MINUTES =JULY 26,2005- " 5. Resolution to- dissolve Lake Elsinore Community FacilitiesDistrict Not 2004-1 (City Center Townhomes). " Councilwoman Kelley asked for-clarification regarding the number of condominium units and if the number had changed. Administrative Services Director rPressey'corif ned`that the number of condominium units were unchanged. 6. Resolution of Intention to establish Community Facilities District No. 2065 -6 ► (City Center Townhomes) and Resolution of Intention to incur Bonded Indebtness. `. No comments. 7. Resolution confirming F/Y 2005 -06 Special Takes for: CFD 88-3 ,(West Lake' ' (� Elsinore Public Improvements 3 Phases), CFD 95 -1 (Lake Elsinore City Center Public Improvements), CFD 98 -1 (Summerhill Public Improvements), CFD 2003 -1 (Law Enforcement, Firetand Paramedic Services), CFD 2003 -2 (Canyon Hills), CFD 2004 -3 (Rosetta Canyon) "and CFD '2005 -T (Serenity). Councilman Hickman questioned.if it would be`possible to refinance in the" future' Rod Gunn, Gunn & Associates, replied that there was a 10 -year window. City Treasurer Weber questioned if the sewer /storm drain project would be a part of those special taxes; or if there needed'to'be another one created for that. Administrative Services Director Pressey'claiified that the sewer /storm drain project would be a part of the new CFD's when they are formed and bonds are, issued. 8. Resolution authorizing the issuance of bonds and approving bond documents for CFD No. 2004 -3 (Rosetta Canyon). Agenda Item No.la_ Page-3—of-13 I .y PAGE FOUR STUDY SESSION MINUTES - JULY: 26, 2005 Administrative Services Director; Pressey stated that Don Hunt, City,'s Bond Council, pointed out an item pertaining to Item No. 8. Mr. Hunt statedthat State law required any.action on a bond issue not be on,the.; Consent Calendar, since it cannot be approved as part of the Consent, Calendar. City Attorney.Leibold suggested pulling the item from- the,Consent Calendar, and placing it as the first or last item under Business. Items.. ; PUBLIC HEARINGS . , :, 21. Citywide Lighting and Landscaping Maintenance District and the Landscape ; and Lighting Maintenance District No. 1 for the Fiscal Year 2005 -06. Councilman Buckley questioned if Item No. 21 was where money had to be listed for light repair.onLakeshore Drive. Administrative Services Director Pressey replied that.the; lightening along Lakeshore Drive was.listed as maintenance since it-was already inexistence, i . therefore the item did not need to be listed separately,in the report. 22. Mitigated Negative Declaration No,. 2005 ;03 /Mitigation Monitoring Program; General Plan Amendment No. 2005 -02, Zone Change No. 2005 -03 — APN 373; 071 -018. City Attorney Leibold requested that Item No. 22 be continued. 23. Mitigated Negative -Declaration No.. 2005-04/Mitigation Monitoring Program, General Plan Amendment No. 2004 -10, Tentative Parcel Map No. 32674 for condominium, purposes) and Residential -Des_ign Review No 2004 -11 — APN ,; , 379- 315 7044. City Attorney Leibold requested that Item No. 23 be continued. Agenda Item No._k:�_ Page-N—of _V�L V nPAGE FIVE STUDY SESSION MINUTES - JULY 26, 2005 V 24. Public Hearing for consideration of objections and to the confirmation and placement of charges 'on property tax bills: Councilman Hickman complimented Public Works on their efforts regarding their hard work within the department. 25. Residential Design Review Project No' 2004-14. Councilman Hickman questioned if the fences in the front of the homes would be made of wood or cinderblock. City Manager Brady replied "that they used to require wood, but-now it was block. Mayor Magee questioned" if the Public Safety CFD was included. n City Manager Brady replied that if it.was not already in there, he would suggest that it be put in. 26. Tentative Parcel Map No. 33635 (for condominium purposes) and Residential Design Review No. 2004 -23 for Brookside Terrace. Councilwoman Kelley commented that she would like to commend staff for adding in the fact that the Homeowner's Association had to be established `prior to occupancy of the first dwelling unit. She stated that she was pleased with the design. City Attorney Leibold stated that there was a development agreement that governed the Specific Plan Area. She stated the development agreement'spoke specifically to an affordable housing requirement. She'stated•that they would' follow up with the development agreement to make sure that it would be complied with in respect to the affordable housing requirement. Mayor Magee questioned the Barking requirement, and stated that according to our code — they get 2 covered spots and .33 visitor spots for every unit. He ' Agenda Item No. V-)�_ _ Page 5 Of ,� PAGE SIX STUDY SESSION MINUTES — JULY 269 2005 r l stated that the map provided in the staff report provides an additional 3 spots over the requirement. He questioned if this would adequately accommodate everyone. Planning Manager Preisendanz replied that he had anticipated a lot of the parking to be located around the Recreation Center and they had scattered some parking in the area. He stated that there was an allowance for the reduction of parking per the Municipal Code. Mayor Magee questioned where the parking requirement came from. Planning Manager.Preisendanz stated he was unsure how it was. incorporated into the Municipal Code. 27. Commercial Design Review No. 2005 -04 for EZ Lube at Lake Elsinore Market Place. No comments. BUSINESS ITEMS 31. Second Reading — Ordinance No. 1152 > Approving Zone Change No. 2005 -05. Councilman Hickman questioned if this item took all of the 1,300, acres zoned as M3. Mayor Magee replied that was correct. 32. Branding Subcommittee Recommendation: Consideration of Brandifig Project alternatives and consulting services. George Bloomfield, Lake Elsinore Marketing Group /The Bloomfield Group, Inc., gave an overview and led a more in -depth power -point presentation of the item. , Agenda Item No.1 c�_ Page__U__6f13 PAGE SEVEN STUDY SESSION MINUTES:. = JULY 26; 2005 n 'Y n Councilman Hickman suggested going with Alternative 1 since it provided more research. Councilwoman `Kelley questioned if the cost.to implement the new branding had anticipated the cost of re- branding vehicles, signs, letterheads, stationary,, cards, etc. Mr. Bloomfield stated that would be a part of their assessments and evaluation phase. He stated that specifically they did not have that information. Councilman Schiffner questioned the cost of the various entrance signs around , the City. Community Services Director.Sapp responded that the smaller units were an estimated $4,500 each, and the bigger,units were an estimated $10,000:_ , City Treasurer Weber stated that the housing development was the largest moneymaker the City had. He asked what could be done to bring in businesses with this program. Mayor Magee stated that the most powerful display. in Mr. Bloomfield'' -s presentation was the-portrayal of all the various. logos the City was currently . using. He stated that he did not see the need or the payback for focus groups and telephone surveys, but appreciated the alternatives. He questioned if one of the alternatives was approved, what.the role .would be for the Council. . subcommittee. F V I Mr. Bloomfield stated that was at the direction of the City. He stated that he would be pleased to work with the subcommittee or the .City Council as.a whole. Mayor Magee asked if any of the companies proposed to assist with Phase 2 had made any: agreements in writing; Agenda Item No.A-Q_ Page % Of � > .y PAGE EIGHT STUDY SESSION MINUTES — JULY 26, 2005 Councilman Buckley stated that the propositions with the companies to assist with Phase 2 were done verbally. Mayor Magee questioned the level of support from the Chamber of Commerce in regard to the proposals. Mr. Bloomfield stated that he had been in touch with them and had made the offer available for them to present their opinions. ' Councilwoman Kelley questioned if the City Seal would be changed as part of the project. . Mr. Bloomfield stated that he believed that would be the case. Councilman Schiffner commented that he would like to'see the City'Seal remain the official emblem, although it might not be used in advertising the City. 33. Animal Shelter Options. Councilman Buckley commented that the staff report was very detailed. He stated that he believed it would be more cost effective to go through the JPA. Councilman Hickman questioned if the'JPA was still anticipating to spend $9 million. He suggested looking at the City of Norco's plans for an Animal Shelter, which he believed they built a new facility for $3 million. He - questioned if the architectural design had been looked at to cut costs. Community Services Director Sapp stated that those were issues that were .; currently being reviewed. He stated that the plans were 60% complete. He commented that the facility was being designed for both the current needs of the whole. Southwest region, plus future growth based on all the development that was taking place. He stated that it was a rather large facility, but was being: . built to accommodate future growth. He stated that he estimated a 10,000 square foot facility for the City of Lake Elsinore at $450 a square foot. Agenda Item No. Page 1� Of- nPAGE NINE STUDY SESSION MINUTES = JULY 26, 2005 Councilman Schiffner stated that he was not opposedto a nice place for the animals.' He stated that he would like to be sure that 'all of the Council agreedto ' the facility. Mayor Magee stated that the staff report indicated that having 'a City owned facility would be a more expensive option than the JPA. He commended Community" Services Director Sapp on the detail of the staff report. Mayor Magee gave reference 'to the staff report that noted'.the -cost of a City owned facility was based on the property being free.'�He stated that it was ' important to note that not only was the City option more expensive, but y currently there' would be no way toTinance it' = Councilwoman Kelley stated that the cost of the shelter including' interest was $23 million. She stated that wasa huge 'investment:` She noted that it would be more expensive for the City to build their own shelter, but on the other.hand their only option would be to l;o with the other 3 cities. She questioned if there had been any interest-amongst other cities inparing down the design of the building. n Community Services Director Sapp replied that there had -been some interest in looking at the plans once completed and doing some engineering to make. modifications that would add to cost savings. City Treasurer Weber commented on the plans for the shelter not being complete. He questioned what would happen if the shelter went over the estimated costs, and if the City would be obligated to 'proceed. with the shelter in that instance' Mayor Magee deferred to Councilman Buckley and inquired if he would have all those answers to present in September Councilman Buckley stated he`would have the answers. He further - rioted that the plans were essentially done. He 'stated that Animal Friends' had donated Agenda Item No. � Q_ Page 01 Of-12 PAGE TEN STUDY SESSION•MINUTES - .JULY 26, 2005. r l their floor:plan, which saved the.City money. He also stated that Animal Friends'had planned on donating $900,000 worth; of items to furnish the facility. City Treasurer Weber stated that he read about a facility opening up in Perris. He suggested the, use of their facility. r Councilman Buckley replied that Western Riverside County needed 4 new shelters. He noted that the shelter in Perris was for that part of the County. He stated the amount of money; the 28% of animals that. the. shelter received,, would.. . come down once the shelter moved out :of the City.,, w Councilman Schiffner stated that they had an obligation to: the animals that , come from the City, and no matter the cost he was in favor of doing what was necessary. He further stated that,before financing.the facility, the.final bid price should•be established including reasonable extras before the City, bound themselves to the obligation; of a.large bond. } Councilman: Hickman suggested an, earlier.idea that,Councilman Buckley had; which was to add a Developer Impact Fee to cover the capital costs. Councilwoman Kelley,guestioned;if the animal shelter the County was building . in "French Valley was still going forward. . Kristine Anderson, Animal Friends of the Valley, replied that she wasn't sure if they had gotten, a,permanent site: Councilwoman Kelley suggested that If a.majority of the Cities were uncomfortable with the price tag, something must be done to bring the cost . down. Ms. Anderson stated that their main concern was with the price. She stated that Animal Friends had decided to fund the furnishings of the new facility to subtract from the total-price. She- stated that if the cities would like to get the plans completed, they needed to contribute, share to get the plans completed. Agenda Item No. A_ Page � 0 Of i nPAGE ELEVEN STUDY SESSION MINUTES —JULY 26, 2005' 34. Selection and Appointment of Public Safety Advisory Commissioners and Planning Commissioner. Councilman Buckley questioned if Fred Francia could be apart of the General Plan Advisory Committee and Planning Commission at the same time, and if he would be resigning from the General Plan Advisory Committee. Mayor Magee stated that he spoke to Councilwoman Kelley'regarding 'that concern. He stated that Mr. O'Neal was currently on both as well. ' Councilman Buckley replied that Council specifically appointed the Planning Commission member; he stated that to conform with policy he -would expect that he either take one or the other. Councilwoman Kelley stated that the Electoral Reform Committee had a policy in place that put limitations to serving on commissions. She stated that the policy was broke when Mr O Neal was placed-on both. - She stated that in a ; conversation with the Mayor, they felt it was important to have a Planning Commissioner on the General Plan Committee. She further stated that by doing this, it broke the policy. Councilman Buckley replied that the'Council all agreed in that instance it was needed. However, taking someone from the General Plan Advisory Committee or the Redevelopment Agency, and appointing them to another would contradict' the policy. Mayor Magee stated that if Council would like to continue Mr. Francia's involvement on the GPAC that could be done, or if Council would like to discontinue his involvement with the'GPAC that could be done as well. REDEVELOPMENT AGENCY CONSENT CALENDAR E n Agenda Item No Q Page Of -_2 Y .y PAGE TWELVE STUDY SESSION MINUTES — JULY 26, 2005 1. Minutes. No comments. 2. Warrant List —July 15, 2005. Councilman Hickman requested clarification of various checks issued on the warrant list. Staff clarified the items. 3. Resolution confirming F/Y 2005 -06 Special Taxes — CFD 90 -2 (Tuscany Hills Public Improvements). No comments. BUSINESS ITEMS. 3. Response to Diamond Stadium Request for Proposals and Selection,, Committee appointment. City Manager Brady stated that the City had received 3 responses, 2 proposals and a letter of interest in regard to the Stadium. He referred to the matrix prepared. by, In formation /Communications Manager Dennis that identified the groups and summarized what they, had addressed in their proposals., Chairman Hickman gave a summary of the meetings he had attended with Jeffrey Industries International and.Popejoy, Appel & Graves. Boardmember Schiffner stated that under the circumstances and, due to the importance of the outcome he thought the entire group should study the proposals closely. Chairman Hickman commented that Civic Partners had tied up most of the land surrounding the Stadium. He referred to City Manager Brady for confirmation. Agenda Item No. \ C), ` Page ! D of { �.s/ PAGE THIRTEEN STUDY SESSION MINUTES — JULY 269 2005 City Manager Brady replied that he believed Civic Partners had exercised their options on some of that land; some in which he believed to be closed. He suggested holding a Study Session for the item. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 5:37 P.M. Y ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE n - DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY Respectfully submitted, MICHELLE SOTO, OFFICE SPECIALIST I ATTEST: FREDERICK RAY, DEPUTY CITY CLERK - Agenda Item No.! Page_�-3 _Of a s .y A n MINUTES REGULAR. CITY COUNCIL MEETING CITY OF LAKE ELSINORE' . 183 NORTH MAIN STREET LAKE ELSINORE,rCALIFORNIA TUESDAY,' JULY 26,1005 CALL TO ORDER . The Regular City Council Meeting was called to order by Mayor Magee at 5:37 p.m. ROLL CALL PRESENT: COUNCILMEMBERS:. BUCKLEY, HICKMAN, . KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCII�MEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pr`essey, Lake' &Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, Community Services Director Sapp, City Engineer Moehling, Planning Manager Preisendanz; Parks & Open Space Manager Fazzio, Public Works Manager Payne, Police Chief Fetherolf, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH'"LEGAL'COUNSEL -- EXISTING LITIGATION - (Subdivision (1) of Gov't Code § 54956.9) Verizon v. County of Riverside; (Riverside Superior, Court Case No. RIC' 388792). b. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED ` LITIGATION - .Significant exposure to litigation pursuant to subdivision ; (b)ofGov't Code § 54956.9(l,potential case). Agenda Item No.___ page—)—of_ j� Page Two — City Council Minutes — July 2.6, 2005 C. CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code § 54957.6) City negotiator: City Council Unrepresented employee: City Attorney . City Attorney Leibold announced the Closed Session discussion item as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:38 P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION (7:05 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Manager Preisendanz. INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in moment of silent prayer. ROLL CALL PRESENT: ' COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present.were: City Manager Brady, City Attorney Leibold, ; Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, Community Services Director Sapp, City Engineer Moehling, Planning Manager Preisendanz, Parks & Open Space Manager Fazzio, Public Works Manager Payne „Police Chief Fetherolf, City Treasurer'Weber and Deputy City Clerk Ray. Agenda item No.� -�, ., Page'g—.A V Page Three — City Council Minutes —'July 269'2005 PRESENTATION /CEREMONIALS A. Introduction of new City employees, _City Manager requested that each 'Division Manager introduce the new . personnel assigned to their Division: Planning Manager. Preisendanz introduced Senior Planner Matthew Harris and Community Development Technician Sonia Salazar to'the City Council and citizens of Lake Elsinore. He also announced that a third addition to the Community Development Department Office Specialist I Cindy Schmidt was not able to attend the meeting. City Engineer Moehling introduced Senior Civil Engineer Ed Bmubas. He listed the cities Mr. Basubas had previously worked. Mr. Basubas addressed the City Council and gave a little background of his work experience. He n noted that he had 16 years-of city experience. Information /Communications Manager Dennis introduced Information System Analyst Toby Soto. Mr. Soto addressed the.City Council and gave a little background of his work experience. He noted that he had 15 years of .Information Systems experience. - Public, Works Manager Payne introduced Maintenance Worker I Romero Delgado. He indicated that Mr.•Romero was a resident of Lake . Elsinore. Mr.,Romero addressed the City Council and expressed his hopes-to make a difference as an employee. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met inclosed session regarding three items as listed on the agenda. City: Attorney Leibold reported that Item a, was a Settlement Agreement in which the Council approved along with a mutual release. She advised that there was no financial responsibility or obligation on the part of the City. City Attorney Leibold reported that there was'no reportable n action on Items b and c. Agenda Item No. I A___ Page�o(_q �_ Page Four— City Council Minutes July 26, 2005. r PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE . Jeanie Corral, Parade Chairman, EVCAP, commented that the 9`h annual "Put the Unity in Community Parade" was in the process of being organized. The theme was "Celebrating Families". She requested that the City allowed EVCAP to use the City streets on the third Saturday of November, 2005.• She noted that there was no funding for the parade that it was totally voluntarily. Mrs. Corral also noted that this year marked the 100`h anniversary of Elsinore.Woman's Club. She noted it was the oldest service club for women in the area.. She requested that the City presented,the club with a proclamation. She thanked the Council and staff for the reopening of Dexter Road. Ruth Atkins, Lake Elsinore, suggested that the Council considered an ordinance that governed the types of businesses in.the-historic downtown area. She questioned if it was a.RDA issue. JJ Swanson, representative of Lake,Elsinore Historical Society, invited everyone to ( ,� attend the Historical Society Estate Sale on August 4`h, 5`h, 6`h, 7a.m. — 12 noon, at the Historical Society Research Library located in the basement of the Cultural Center, 183 N. Main Street... Pete Dawson, Lake Elsinore, commended the Councit on,the,July 01 event: He congratulated City Manager Brady. He commented that the Lake Elsinore Princess had new windows. He indicated, that volunteers were needed to help restore the Princess. He commented.to Councilwoman Kelley.that'he had all the street lights ready that,she had requested a,few..years back. He commented that he also had seven to eight sail boats ready for donation. He requested that nonprofit organizations contact him at (951) 202 -1584. CONSENT CALENDAR ITEMS The following items were.pulled,from the Consent Calendar'for further discussion and consideration: Item Nos. 3. & 8: Agenda Item No.j c__ PageA_of 1 19 Page Five — City Council Minutes —July 26, 2005' � d MOVED BY BUCKLEY; SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO CHANGE ITEM NO. 6 TO REFLECT THE DISCUSSION AT THE STUDY SESSION AND APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. I . The following Minutes were approved: a. Special City Council'Meeting — June 15, 2005. b. Special City Council Meeting - June 20, 2005. C. Joint City Council/Redevelopment Agency Study Session— June 28, 2005. d, City Council Meeting "June 28,2005. , Y 2. Ratified Warrant List for JulyJ5, 2005. =. 4.. Approved the recommendations listed in the staff report for a Senior Human n Resources Analyst; Part time Office Specialist I; and reclassify the Payroll Specialist to a Management Analyst position. ral 5. Adopted Resolution No. 2005 -75, dissolving CFD No. 2004 -1. Directed the City Manager to record a Notice of Cessation of Special Tax with the County Recorder. RESOLUTION NO. 2005-75 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,.CALIFO.RNIA, DISSOLVING THE`CITIY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES) 6., Adopted- Resolution of Intentions No: 2005 -76, establishing CFD 2005 -6 (City Center Townhomes). Agenda Item No, _Jb[_�__p Page__,_ of [J 6 Page Six — City Council Minutes - July 269 2005 RESOLUTION NO. 2005-76 •� RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ESTABLISH CITY - OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -6 (CITY CENTER TOWNHOMES) Adopted Resolution No. 2005777, to incur bonded indebt'ednes's. .RESOLUTION NO: 2005 -77 RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNTS NOT TO EXCEED $5,0009000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-6 (CITY CENTER TOWNHOMES) 'Scheduled the Public Hearing on the District Formation for September 13, 2005. 7. Adopted Resolution No. 2005 „ — 78, confirming the special .tax rates for CFD 88 =3 RESOLUTION NO. 2005-78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 88 -3 Adopted Resolution No. 2005- 79, confirming the special tax rates for CFD 95 -1. Agenda Item No. I Page�of�D n Page Seven —City Council Minutes'—July 26',12005 RESOLUTION NO. 2005 -79 RESOLUTION OF THE CITY - COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA; REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE,TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 95 -1 Adopted Resolution No 2005 80, confirming the special tax rates for CFD 98 -1.*. RESOLUTION NO: 2005 -80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA; REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 98 -1 -Adopted Resolution No 2005 81, confirming the special tax rates for CFD 2003 -1.- —RESOLUTION NO. 2005-81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY' OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2003 -1 Adopted Resolution No: 20 05'—'8'2', confirming the special tax rates for CFD 2003 -2. RESOLUTION NO. 2'005-82 RESOLUTION OF THE CITY COUNCIL OF THE_ ' CITY OF LAKE ELSINORE, CALIFORNIA, REQUE T STING HE TAX COLLECTOR 'OF THE COUNTY 'OF"RIVERSIDE 7TO PLACE' SPECIAL TAXES ON n THE BILLS OF CERTAIN PROPERTIES FOR CFD 2003 -2 " ` - Agenda Item No. Ito PageJa tf T .y Page Eight — City Council Minutes,— July 26, 2005 Q..) Adopted Resolution No. 2005.— 83, confirming the special tax rates for CFD 2004 -3. RESOLUTION N0.2005 -83 . RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2004 -3 Adopted Resolution No., 2005 — 84,. confirming the special tax rates for CFD 2005 -1. RESOLUTION NO. 2005784 RESOLUTION,OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR \ OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON Q.) THE BILLS OF CERTAIN PROPERTIES FOR CFD 2005 -1 ITEMS PULLED FRONT THE CONSENT CALENDAR 3. Extension of Term of Franchise for cable television. City Manager Brady gave an.,overview of the item. Vida Boice, Lake Elsinore, commented that not all City residents had cable. She noted that a number of her neighbors -had satellite. She suggested a share of the communication system between cable and satellite. Councilman Buckley, indicated that he agreed with Mrs. Boice, but unfortunately the=Council could not regulate the satellite. He explained that was an FCC issue. He indicated that the City received franchise funds from Comcast and that they put on'the public access. He reiterated that the. Council could not force Direct TV or, Dish to air the Lake Elsinore public access. - \ Agenda Item No. _1b__ Page�of� n Page Nine — City Council Minutes — July 26, 2005 Mayor Magee commented that County Supervisor Stone hadforined a committee to work with a station in the Hemet area to bring a local station to the valley; and they were working with the City local- cable provider. He noted that there was a meeting scheduled next month. MOVED BY SCHIFFNER, SECONDED.BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005 -739 AMENDING RESOLUTION NO. 89-11 REGARDING TERM OF NON - EXCLUSIVE FRANCHISE. RESOLUTION NO.2005 -73 w A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE; CALIFORNIA, AMENDING CITY'OF LAKE ELSINORE RESOLUTION NO. 8.9 -11 REGARDING TERM OF NON - EXCLUSIVE FRANCHISE. _ MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005 -745 PROVIDING APPROVAL FOR A TRANSACTION INVOLVING COMCAST CORPORATION AND TIME WARNER CABLE INC. RESOLUTION NO. 2005-74 - -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY -OF LAKE ELSINORE, CALIFORNIA, PROVIDING APPROVAL FOR A TRANSACTION INVOLVING COMCAST CORPORATION AND TIME WARNER CABLE INC. 8. Resolution authorizing the issuance of bonds and approving bond documents for CFD NO.-2004-3 (Rosetta Canyon). City Manager gave 7anoverview'of the item and zdeferred to Administrative Services Director Pressey. Administrative 'Serviees Director Pre's'sey gave an in- dpth overview of the item. He noted the number of homes involved and the dollar'amount for Agenda Item No. Page Ten — City Council Minutes — July 26, 2005 each Improvement District.. He noted the documents before Council for approval. MOVED BY SCHIFFNER,.SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005 -85, APPROVING ISSUANCE OF CFD 2004 -3 (ROSETTA CANYON) 200 SERIES A BONDS, FISCAL AGENT AGREEMENT, PURCHASE CONTRACT, PRELIMINATRY OFFICIAL STATEMENTS. RESOLUTION NO. 2005-85 t A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,, CALIFORNIA, AUTHORIZING THE ISSUANCE OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004 -3 (ROSETTA CANYON) SPECIAL TAX BONDS (IMPROVEMENT AREA NO. 1) 2005 SERIES A AND THE EXECUTION AND DELIVERY OF A FISCAL AGENT AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, A PURCHASE CONTRACT, AND AN OFFICIAL STATEMENT AND APPROVING A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH PUBLIC HEARINGS 21. . Citywide Lighting and Landscaping Maintenance District and the Landscape and Lighting Maintenance District No. l .for the Fiscal Year 2005 -06. Mayor Magee introduced the item and opened the public hearing at 7:25 p.m. Mayor Magee deferred to City Manager Brady. City Manager Brady requested that City: Attorney Leibold announce the notice for the item. City Attorney Leibold advised that notice of the item had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was available in the City Office. Mayor-Magee requested testimony from the public. There was no public testimony on this item Agenda Item No.�,� Page_) ofqj fir/ `.1l n Page Eleven — City Council'Minutes - July' 26, 2005 Councilman Buckley clarified that although the report did not list funding for the lights along Lakeshore Drive, there was funding available._ MOVED BY BUCKLEY; SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005 -86, SETTING THE FY 2005 -06 BENEFIT ASSESSMENT FOR THE CITYWIDE LLMD. Mayor Magee inquired if there were any property owners subject to the proposed assessment that wished to file written protests. He advised that only a written protest -could be considered. Mayor Magee closed the public hearing at 7:28 p.m. 'Y Mayor Magee instructed Deputy City Clerk Ray to tabulate the vote. Deputy City Clerk Ray commented that there was no majority protest that n existed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO.2005 -86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2005 - 06. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-87 FOR LLMD NO. 1. Agenda Item No. I b Page—LLof_q y Page Twelve —City Council Minutes —July 26, 2005 r 1 RESOLUTION NO. 2005 -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2005- 06. 22. Mitigated Negative Declaration No. 2005 -03 /Mitigation Monitoring Program, General Plan Amendment No. 2005702, Zone Change No: 2005 -03 —APN 373 - 071 -018. - Mayor Magee indicated that staff was requesting a continuance of Item Nos. 22 and. 23. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE ITEM NOS. 22 AND 23 TO THE r 1 AUGUST 9TH CITY COUNCIL MEETING. 23. Mitigated Negative Declaration No. 2005- 04/Mitigation Monitoring Program, General Plan Amendment No. 2004 -10, Tentative Parcel Man (for condominium purposes) No. 32674 and Residential Design Review No. 2004 -11 —APN 379 - 315 -044. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE ITEM NOS. 22 AND 23 TO THE AUGUST 9TH CITY COUNCIL MEETING. 24. Public Hearing for consideration of obiections and to the confirmation and placement of charges on property tax bills. Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item and deferred to Parks & Open Space Manager Fazzio. 1 Agenda Item No. kb_ P0ge _aof_1!fq n Page Thirteen — City Council Minutes -'July 26,2005 Parks & Open Space Manager Fazzio commended his staff on their efforts: He indicated that'they had cleared a total of 706 private parcels, which equated to 260 acres, trimmed over'600'trees, and removed 4,070 tons of trash and debris, which included 500 tons of Hazardous- waste. He'noted the billing was $428,397.21. He noted that 95% of the property owners billed lived outside of the City limits. Mayor Magee opened the public hearing at 7:31 p.m. Vida Boice, Lake Elsinore, commented that she had seen a lot of improvement in regards to weed abatement. She noted that there were commercial properties that needed abatement. She questioned the City's efforts to clean up those areas and questioned the policy as it referred to commercial properties. Mayor Magee directed Mrs. Boice to staff, so staff could locate the sites in question and determine if it they' were located in City limits and if it was a node enforcement or weed abatement matter. Councilman Hickman requested that-staff view the'bungalows on Franklin Street and Ellis Street. He indicated that lie had receivdd &commendable remarks from residents on the progress and-,the beautification Mr. -Fazzio's division was doing. Mayor Magee closed the public hearing at 7:33 p.m: MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-88 FOR WEED ABATEMENT COST RECOVERY. - - RESOLUTION NO. 2005-88 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE; CALIFORNIA; CONFIRMING AN ITEMIZED ' WRITTEN'REPORT SHOWING COST OF WEED ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE" OF THE STATE OF CALIFORNIA, n AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL - Agenda Item No. I b Page�of� Page Fourteen — City Council Minutes — July 26, 2005 • ASSESSMENTLIEN AGAINST SAID PARCELS.OF LAND ; PURSUANT TO SECTION 395740F THE GOVERNMENT CODE . , OF THE STATE OF CALIFORNIA, AND; PROVIDING, FOR THE . . FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID,- . GOVERNMENT CODE. „ MOVED BY BUCKLEY, SECONDED. BY, HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005 -89 FOR NUISANCE ABATEMENT COST RECOVERY.; - RESOLUTION. NO. 21005-89, r, A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN- REPORT SHOWING COST, OF NUISANCE, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH. SEPARATE PARCEL OF LAND, REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE ( 1 OF THE STATE OF. CALIFORNIA, AND: PROVIDING THAT THE `•/ COSTS THEREOF ON,;; EACH - PARCEL -OF LAND . SHALL CONSTITUTE A . SPECIAL ASSESSMENT LIEN AGAINST. SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE, OF :THE_ STATE, OF .CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. . 25. Residential Design Review Project No. 2004 -14. - Mayor Magee introduced the item and.deferred to-Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He advised that the Planning Commission_was recommending approval of the Design Review, Mayor Magee opened the public hearing at 7:35 p.m. Agenda Item No.J ___ - Page -aa Y w n Page Fifteen — City Council Minutes= July 269 2005 f' MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT. - RESOLUTION NO. 2005-90, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004 -14, BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL AND EXHIBITS." Mayor Magee closed the public hearing at 7:36 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE: RESOLUTION NO: 2005 -90 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW N_ O. 2004=14 FOR THE PROJECT LOCATED AT THE NORTHWEST CORNER OF MOUNTAIN AVENUE AND RAVETTA LANE WITHIN TENTATIVE PARCEL MAP NO:'(S) 31357 AND 31685. GENERAL 1.; The applicant shall defend .(with counsel acceptable to "the Qty, indemnify, and hold harmless the City,. its. Official, .Officers ; 'Employees, and Contract Agents from any chain, 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 at the northwest and northeast corners of Mountain Street and Raveta Lane, which action is bought within the time period provided for in California Govemment Code: Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. , The City, will promptly. notify the Applicant 'of' any such `claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to, defend, indemnify; or hold harmless the City - . PLANNING DIVISION _ 2. The, project shall comply. with all conditions of approval associated with Tentative Parcel Map No. (s) TPM 31357 and.TPM 31685." t 3. Design Review approval for Residential Design Review No. 2004 -14 will lapse and be void unless. building permits are issued within one (1) year of Planning Commission approval ^ date. An extension of time (up to one year per extension) may be granted by the Community Agenda Item No. —Lb pagel!5—ortboa- .y Page Sixteen — City Council. Minutes — July 26, 2005 Development Director prior to expiration of the initial Design Review approval. The applicant must submit an application one month prior to expiration. 4. Conditions of approval shall be reproduced upon page one of building plans submitted to the Building Division for Plan Check.. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 6. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check, shall conform to the submitted plans as modified by Conditions of Approval, or the Planning. Commission through subsequent action. 7. Materials and colors depicted on the'plans and materials board shall be used unless modified by the applicant and approved, by the Community Development Director or designee. 8. Applicant is to meet all applicable City Codes and Ordinances. 9. Applicant shall comply with the City's Noise. Ordinance., Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Mondayahrough Friday and no construction activity shall occur on Saturday, Sundays or legal holidays: 10. 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. 11. Applicant is to meet all applicable. County Fire Department requirements for fire protection. 12. Applicant is to meet all applicable Building and Safety Division requirements. 13. A cash, bond of $1,000 shall be required -for any construction trailers used during construction. Bonds will be released after removal of trailers subject to the approval of the Community Development Director or Designee. 14. The applicant shall connect to, sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the / \ EVMWD and shall incorporate all district conditions and standards. �J Agenda Item No._ � b PageAe—of � Page Seventeen — City Council Minutes = July 26, 2005 15. Any exterior air conditioning units orpther inechanical equipment'shall be ground mounted and screened. so that they are not Visible from neighboring property'or public streets behind the rear fence. The air conditioning unit may not encroach more than two feet into the required. minimum side setback: " 16. Garages shall,be constructed to provide a miniinum'of 10' -0 "'x 20' -0" of interior clear space for two cars for a total interior clear space of 20' -0" x 20' -0 ". 17. A final Landscaping and Irrigation Plan shall'be'submitted for review and approval by the City's Landscape Architect Consultant and the Community Development Director or designee prior to building permits. A Landscape Plan Check fee and Inspection fee shall be paid for the entire project at the time of submittal 18. All front yards and side yards on corner lots shall be properly landscaped and irrigated with automatic underground irrigation system to provide. 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. a) The applicant shall plant street trees to match existing street trees a maximum of thirty feet (30') apart and at least twenty= four -inch (24 ") box in`size. b) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty- six- inches.(36" ) C) 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: d) All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for labor and materials for two years from Certificate of Occupancy. e) All landscaping and irrigation shall be installed within an affected portion of any phase at the time a Certificate of Occupancy is requested for any building., f) Final landscape plan must be consistent with approved site plan. 19. All exposed slopes in excess of three feet'in height within the subject tract and within pri vate lots shall have permanent irrigation system and erosion control vegetation installed, as approved by the Landscape Architect and Planning Division, prior-to issuance of certificate of occupancy. . . 1 20. Driveways shall be constructed of concrete per Building and Safety Division standards. Agenda Item No.._ Pagejjof� 1 Y Page Eighteen — City Council Minutes — July 26, 2005 21. Fences located in any front yard shall not exceed 36 inches in,height. with the exception that wrought iron fences may be five feet in height.. Chain link fences shall be.prohibited. 22. The applicant sliall submit a final wall and fence plan subject to review and approval of the Community Development Director or designee, prior to approval of the precise grading plan. All walls and fences adjacent the public right -of -way and return walls between the proposed houses shall be constructed of decorative material. 23. Prior to issuance of building:permits,.applicant shall provide assurance that all required fees to the Lake Elsinore Unified School.District.have been paid. 24. Prior to issuance of building permits, applicant shall pay park -in -lieu fees in effect at the time of building permit issuance. 25. Pursuant to Ordinance No. 1124, prior to the issuance of a building permit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee. , 26. The address (in numerals at least four inches high) shall be displayed near,the entrance of the residence and be visible from the street.I 1 27. Applicant shall provide a flat concrete pad a minimum area of 3'0" by 7'0" adjacent to the �•jJ dwelling for the storage of the City trash barrels. The storage pad or area shall be concealed from public view. 28. When an elevation facest a public right, of -way additional architectural treatments shall be required. Enhanced Architectural treatments shall include surrounds for - windows, shutters or other architectural features per the approval of the Community Development Director or designee. 29. Prior to issuance of a Certificate of Occupancy for any home, the applicant shall join the appropriate Landscaping and Lighting Maintenance District., ENGINEERING DIVISION 30. The project shall comply with all conditions of approval associated with Tentative Parcel Map No. (s) TPM 31357 and TPM 31685). 31. All Public Works requirements shall be complied with as a condition, of development- as specified'in'the Lake Elsinore Municipal Code (LEMC) prior to Building Permit issuance. Agenda Item No._l__ Pagels—of LY 9 Page Nineteen — City Council Minutes — July 26 2005 32. Pay all Capital Improvement and 'Plan Check fees (LEMC 16.34, Resolution 85 -26). The Traffic Impact Fee is (TIF fee per unit); the' Drainage Fee (Appropriate Drainage District), the K -Rat fee and the TUMF (per unit) are due at the time of Building Permit issuance. 33. 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. 34. Construct all public works improvements per approved street plans (LEMC 12.04). " 35. Pay all:fees and'meet requirements of encroachmenrpernait'issued by the Engineering Division for construction of public works improvements _(LEMC'12.08'and Resolution 83 -78). 36. All compaction reports, grade certifications shall be submitted 'to' the Engineering Division - before final - inspection of public works, improvements will be scheduled. and approved. 37.- Arrangements for relocation of utility company facilities' (power poles, vaults,'etc.), "out'of the roadway shall be the responsibility of the property owner or his' ageitt: 38. Provide street hghtiing. and. show lighting improvements'as'part ofstreet improvement plans as required bythe GtyEngmeers 39. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 40. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility 41. Provide soils, geologyand;seismic report including street design recorntnendations. Provide'final soils report:showing compliance with reconur endations. - - 42. An Alquis -Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on- site. 43. All grading shall be done.under the supervision "of a geotechmcal engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control." 44., Individual for drainage ahall. be conveyed to 'a' public facility or accepted by adjacent property owners bya letter of drainage acceptance or conveyed to a drainage easement. 45. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by method approved by the City Engineer. 46. All drainage facilities in this tract shall be constructed to Riverside County Flood Control (� District Standards, Agenda Item No. _I l Page I orqq Page Twenty — City Council Minutes — July 26, 2005 ( 1 47. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally.dumping m the drain system, the wording and stencil shall be approved by the Gty Engineer. 48. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 49. A drainage acceptance letter will be necessary from the downstream property owners for out letting the proposed stormwater run -off on private property. 50. Applicant shall provide first blush BMP's using the best available, technology to mitigate any urban pollutants from. entering the watershed. 51. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for. the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a.SWPPP for post construction which describes BMP's that will be implemented for development. 52. Applicant shall,obtain and maintain approval from. Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for \ the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for �J post construction which describes BMP's that will be implemented for the developmenu and including maintenance responsibilities. 53. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices'that.contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside. County NPDES Drainage Area Management Plan. 54. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other. rubbish generated during cleahing,•demolition, clear and grubbing or all other phases of construction.., Provide a reciprocal access easement that will serve as vehicular and utility access to all parcels created to the satisfaction of the City Engineer; easement shall be recorded as part of the final map approval process (Amended at the July 5, 2005 Planning Commission Meeting). Q.6/ Agenda Item No.�2_._ Page 2'� f Lty Page Twenty-one — City Council Minutes — July 26, 2005 26. Tentative Parcel Map no. 33635 (for condominium purposes) and Residential Design Review No. 2004 -23 for Brookside Terrace. Mayor Magee introduced the item-and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He advised that the Planning Commission had recommended approval. He indicated that Condition of Approval No. 48 was going'to be changed to read, "Pay all development fees, consistent with'the terms of the development agreement." He noted that the applicant concurred with the change. Mayor Magee opened the public hearing at 7:37 p.m. David Dunham, representative of Pardee Homes, commented that he was available to answer any questions. n Councilwoman Kelley questioned if there was a timeframe for the first models to open. Mr. Dunham indicated that pending the building permit they would start immediately. She questioned if there was aprice range. Mr. Dunham indicated that they were considering the high $200,000 to the mid $300,000. Mayor Pro Tern Schiffner commented that he had reviewed the- documents and it was a beautiful plan andmas a nice addition to Lake Elsinore. MOVED BY KELLEY, SECONDED, BY HICKMAN TO ADOPT RESOLUTION NO. 2005-919 APPROVING TENTATIVE PARCEL MAP NO. 33635, BASED ON THE FINDINGS AND SUBJECT: TO THE CONDITIONS OF APPROVAL AND EXHIBITS. . Mayor Magee closed the public �hearing at 7 :40 p.m. FOREGOING MOTION CARRIED BY UNANIMOUS VOTE Agenda Item No. Page rf i of—W Page Twenty -two — City. Council Minutes — July 26, 2005 RESOLUTION NO. 2005-91 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING,TENTATIVE PARCEL MAP NO. 33635 (FOR CONDOMINIUM PURPOSES) FOR THE PROJECT KNOWN AS `BROOKSIDE TERRACE" LOCATED WITHIN PLANNING AREA NO. 5 OFTHE CANYON HILLS SPECIFIC PLAN.. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-921 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004 -23, BASED ON THE FINDINGS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND EXHIBITS, AND INCLUDING THE AMENDMENT TO CONDITION OF APPROVAL NO. 48. RESOLUTION NO. 2005-91 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004 -23. FOR THE PROJECT KNOWN AS `BROOKSIDE TERRACE" LOCATED WITHIN PLANNING AREA NO. 5 OF THE CANYON HILLS SPECIFIC PLAN. GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The Oty 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,1 or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. - Agenda Item No. �( b Page —fllt9 1 Page Twenty -three — City Council Minutes— July 26, 2005 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, *'in theamoum'of sixty-four dollars ($64.00) to the Planning Division within 48 hours of the approval date for the required Environmental Filing. TENTATIVE CONDOMINIUM MAP NO. 33635 3: Tentative Parcel Map No. 33635 will"expire two `(2) years from date of approval unless within'that period.of time theCC&R's and an appropriate instrument has been filed and recorded' with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 4: The Tentative Parcel Map shall'comply with the State of California Subdivision Map Act and shall comply with: all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval: 5. Prior to final certificate of occupancy of Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval'by the City Engineer, and all other stated conditions. shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 6. Prior to the first certificate of occupancy the applicant shall prepare and record CCWs against the condominium complex. The CC&R's shall be reviewed and approved by the GDrnmuaityDevelopmentDirector or Designee and the' City Attorney. The CC&R's shall include methods of maintaining, common areas, parking and. drive aisle areas;' landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address'design improvements. 7. The applicant shall incorporate specific 'language into the CCWs which restrict exiting at the secondary access to "emergencies only.' 8. No unit in the development shall be sold unless a corporation, association, property'owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or'interestin -the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses, of such entity, and with'authority to control; and duty to maintain, all said mutually available features of .the' development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services . - Recorded CC&R'sshall permit enforcement bythe City for provisions ^ required as •Conditions of'Approval.,- The developer shall.submit evidence of compliance 1 with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Agettda Item No. Pagez7 f_ql I Page Twenty-four — City Council Minutes — July 26, 2005 9. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 10. Membership in'the Home Owner's Association shall be mandatory for each buyer and any successive buyer. N 11. Reciprocal covenants, conditions, and restrictions_ and reciprocal maintenance agreements shall be ' established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association. with m comon area for the total development of the subject project. . 12. In the event the association or other legally; responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided bylaw. . 11 Each unit owner shall have full access to commonly owned areas, facilities and utilities. 14. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Environmental Impact Report prepared for the Can)unHdh SpaifuPlan 15. The ,applicant shall enter,into an agreement, with the Redevelopment Agency to either provide affordable.units in accordance with the provisions of the California Redevelopment Law, appropriate in- lieu -of fees, or a combination of both. RESIDENTIAL DESIGN REVIEW NO. 2004 -23:. 16. Design Review approval, for Residential, Design Review No. 2004 -23 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension; prior to the expiration of•the initial Design Review approval. - Application for a time extension must be,submitted to the City of Lake Elsinore one (1) month prior to the expiration date., 17. Conditions of Approval shall be reproduced on page one of building plans submitted to - the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 18. All:site improvements approved with this request shall be constructed as indicated on the approved site.plan and elevations. Revisions to approved site-plans or building elevations b_ Agenda Item No.� n Page Twenty -five - City Council Minutes - July 26, +2005 shall be subject to the review -of .the'Cornin unity Development "Director.' :All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified,by Conditions of Approval,. or the; Planning Commission/Cify Council through subsequent action.: y.. 19. All roof.mounted or.ground support air conditioning units or other mechanical equipment incidental to development shall be,architecturally screened or shielded by landscaping so that they,are not visible from neighboring property or public streets. Any material covering the roof equipment shall match.the primary-wall color. 20. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property;and streets or allow illumination' above the horizontal plane of » the fixture. All light fixtures shall match the architectural style of the building. 21. Trash enclosures shall be constructed per City standards as approved by the Community Development Director orDesignee. - 22. No exterior roof ladders shall be permitted. 23. Applicant shall use roofing materials with - Class "A" fire rating. 24. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shallrequire'a cash bond'processed through the Planning Division. , ' 'i ' , - , . . 25; Materials and colors depicted' on the plans and materials .board 'shall be used unless modified by the.Community Development Director or designee. 26. Decorative paving shall be included at the drive entryways and'shall be shown on the construction, drawings submitted to Building and Safety. 27. On -site surface drainage shall, not cross sidewalks,, . 28. Parking'stalls shall be double striped with f6ur- inch,(4 )lines two feet (2') apart. 29: All exposed slopes m excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS , f `30. Prior to issuance -of any grading permit or building permits,. the. applicant shall sign and complete an "Acknowledgement of Conditions" form -and shall return the executed f original to the Planning Division for inclusion in the case records. Agenda Item No. lib Page f14 .y Page Twenty -six — City Council Minutes -.July 269 2005 - - Q.4) 31. Prior to the commencement of grading operations, the applicant shall, provide a map of all proposed haul. routes to.be used, for movementi'of dirt material. Such routes shall be subject to the review and approval-of the City Engineer. A bond maybe required to pay for damages to the public right -of —way, subject to the approval of the City Engineer. 32. Three, (3)- sets of the,Final• Landscaping/Irrigation Detail Plan' shall' be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to .issuance of building (permit. A' Landscape Plan Check & Inspection Fee,will -be charged prior•to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage, using, a combination of drip and conventional irrigation methods. - -- b) Applicant shall plant street trees, selected` from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty -four -inch (24 ") box in size. C) All planting, areas shall, be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d) Planting within. fifteen, feet (15) of ingress /egress points'shall be no higher than thirty -six inches (36 "). e) ; Landscape. planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. g) h)" Anyaransformers and mechanical or, electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. - 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 Hof 'Xeriscape ' or drought' resistant plantings with combination drip irrigation system to be used to prevent excessive watering. All landscape improvements shall be bonded 1006/6 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. .r Agenda Item No. PageQ-(Oof� n Page Twenty-seven City Council Minutes - July 26, 2005 i) All' landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall .include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k), Finallandscap'e'plans to include planting and irrigation details.. , 33. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District- (EVMWD). Proo�shall'be- presented to the Chief Building Official.prior to issuance of building permits and final approval. a 34. Prior to issuance of building p'ermits,'applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid, 35. Prior to issuance of building permits, applicant. shall. provide assurance that all requirements of the Riverside County Fire Department have been met. n 36. Prior to issuance of building permits,, applicant shall pay park -in -lieu fee in effect at time of building permit' issuance: PRIOR TO ISSUANCE OF A°BUIL,DING PERMIT 37. Deleted per the Planning Commission on June 21, 2005. 38. The Home Owner's'Association'shall be establis}ied prior to the occupancy release of the first dwelling unit. ENGINEERING 39. Construct vehicle turn- around at 'each 'gated location. Turn-'around shall be constructed ^ outside the gate. f 1 Agenda Item No. 16 Q Page�of_j /J Page Twenty -eight — City Council Minutes - July 26, 2005 40. Convey all slope drainage to street or storm drain system. System shall intercept significant storm run -off from encroaching onto the 15, -foot building set -back or private driveway `A'. 41. All private drives shall meet with fire requirements with respect to road width, street slope and curve radius. 42. Landscaping adjacent to Canyon Hills Road shall be placed so as not to interfere with the sight distance of exiting vehicles. 43: On site storm run -off shall -be detained unless otherwise_ provided, for by the underlying project map. Y 44. Slope adjacent to Private Drive `A' shall be,planted to reduce erosion. Drainage along " the slope adjacent to Private Drive `A' shall be constructed to convey storm flows and nuisance irrigation flows to an established drainage course. 45: Additional median cuts shall not _be allowed unless otherwise ,approved by the City Engineer. 46. Parking shall not be allowed in'any ofthe drive' aisles except at designated spaces. 47. Project shall install provisions to convey off -site water to the public stone drainlsystem. 48. Pay all development fees, including area drainage fee, ,TIF and TUMF. 49. Provide drainage plan including hydrology and hydraulic information. 50. All Public Works requirements shall be complied with as a condition of development as specified iri the Lake'Elsinore Municipal Code `(LEMC) prior to issuance of building permit. 51. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 52. Submit a "Will Serve" letter to the City Engineering, Division from the applicable water agency stating that water and sewer arrangements have been made,. for this project. Submit this letter prior to issuance of building permit. 53. 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).' :. Agenda Item No._�� Page Twenty-nine — City Council Minutes - July'26, 2005 54. Street improvement 'plans and specifications 'shall be' prepared by a Calif.''Registered Civil Engineer. Improvements shall be designed- and constructed to Riverside County Road Department Standards, latest edition; and City Codes (LEMC 12.04 and 16.34). 55. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for''construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 56. All compaction reports,' grade certifications; monument certifications (with tie notes delineated on 8 %" x 11" Mylar)'shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 57.-The applicant shall install two (2)'permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 58. Applicant shall obtain all necessary off -site easements for off-s­ ite giading' from the adjacent property owners prior to final map approval. 59. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of t the roadway or alley shall be the responsibility of the property owner or iii sagent: 60. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer unless otherwise provided. 61. Developer shall annex to the City's, Street' Lighting and Landscaping Maintenance District. 62. Developer shall 1 install blue.reflective pavement markers' in the'street at all fire hydrant locations. 63. Applicant shall submit,a traffic control plan showing all `tmffic control devices for the tract to be approved prior to final map approval. All traffic control devices.shall be installed prior to final inspection of public improvements.' This includes No Parking and Street Sweeping Signs for streets within the tract. 64. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility.. n Agenda Item No._ r - Page2aof '1_1 Page Thirty — City Council Minutes — July 26,.2005 65. Apply, and obtain a. grading permit with appropriate security prior.to building permit issuance. A, grading. plan signed and stamped by a Calif. Registered Civil Engineer shall be. required if. the gradingl 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, inspectioIn can be conducted before grading begins. . 66. Provide soils, geology and seismic report including street design recommendations. 'Provide final soils report showing compliance with recommendations. 67. An Alquis- Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site unless provided.by underlying subdivision map. 68. All, grading shall be done under the supervision of a geotechnical.engineer and he shall cetify "all slopes steeper than 2 to 1, for stability and proper erosion. control. All manufactured slopes greater than 30 ft. in height shall be contoured. 64. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 70. On -site drainage facilities 'located outside of road right -of -way should be contained within drainage easements shown on the.final map. ;A note should be added.to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 71. 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, 72. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 73. Meet all requirements of LEMC 15.68 regarding floodplain management. 74. The applicant to provide FEMA elevation certificates as applicable' prior to certificate of occupancies. i 75. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. Agenda Item No. 1 b Page -of� �i Page Thirty-one — City Council Minutes- July 26; 2005` 76. Storm drain inlet facilities shall be'appropriately stenciled to prevent illegally damping in the drain system, the wording and stencil shall be approved by the City Engineer,'' 77. Roof and yard drains shall not 6e allowed to connect directly through-cuts in the street curb. Roof drains shall drain through a minimum 20 -feet of landscaped area prior to entering into a closed `drainage system. 78. 10 year stone runoff should be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded; drainage facilities'should be installed. 79. Applicant will be required to install BMP's using the best available technology to ' mitigate any urban pollutants from entering the watershed. .y 80. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality'Controt Board'for the National' Pollutani Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which n describes BMP's that will be implemented' for the development including maintenance responsibilities. 81. Education guidelines and`Best Management Practices (BMP) shall be provided to residents of the development in the use-of herbicides; pesticides, fer6lizers'as well as other environmental awareness education materials on good housekeeping practices that 'contribute to' protection' of'storinwater 'quality' and � met the goals of the 'BMP in Supplement "A" in the Riverside County NPDES`Drainage _Area Management Plan. 82. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 83. In accordance with the City's Franchise Agicement Tor waste disposal and recycling, the applicant shall be required to contract with CR &R, Inc., for removal and disposal of all waste' material,, debris,-' vegetation and ~ other rubbish generated during cleaning, demolition, ,'clear and grubbing or all '"other phases of construction` COMMUNITY SERVICES DEPARTMENT 84. Applicant shall pay applicable park tees: 85. No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. t� Agenda Item No. f Page 3of Q a Page Thirty -two — City_Council Minutes — July 26, 2005 86. The developer shall utilize CR &R for • all construction debris removal, hauling, and rccycling as per City ordinance. 87. The City landscape.architect shall review and approve all landscaping plans. , 88. The Home Owner's Association (HOA) shall.maintain all landscaped areas including landscaping fronting Lakeshore Drive, open space, water quality basin and all interior plantings. 89. The Home Owner's Association (HOA), shall maintain all block walls, and keep them free of graffiti. ' 90. All interior roads, street signs, street markings, sidewalks, enhanced concrete to be maintained by the Home Owner's Association (HOA). 91. Water quality basin outlet .to meet all requirements, of the Riverside County Flood Control, Army Corps of Engineers and,the City of Lake Elsinore. DEPARTMENT OFADMINISTRATIVE SERVICES r l 92. Prior to the issuance of the first building permit, the applicant shall 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. 93: Prior to the issuance of the first building permit', the applicant shall annex into Lighting and Landscape Maintenance District No.l 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 Souther California Edison.,_,, , RIVERSIDE COUNTY FIRE DEPARTMENT 94. The applicant shall comply, with all . requirements of the,. Riverside County Fire Department. Fire protection measures shall be provided in accordance_,with,Riverside County ordinances and/or recognized fire protection standards. 95. Blue retro- reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to, installation, placement of markers shall be approved by the County Fire Department. N Agenda Item No. %r7� Page _Zf q 13 (� Page Thirty -three — City Council Minutes July 26; 2005 CONDITIONAL USE PERMIT NO 2005 -08 96. Conditional Use Permit No. 2005 -08 approved herein shall lapse and shall become void one (1) year following the date on which the, use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 97. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal, Code; Title 17 unless modified by ,approved Conditions of Approval. , . 98. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this ti approval. - 99. The applicant shall defend (with- counsel acceptable to the Qt)), indemnify, and hold harmless the Qty, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the Gty; its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, -its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit /Design Review C 2003 -07, which action is brought forward within the time period provided for in California Government Code Sections 65009 and/or 66499.37, -and Public Resources Code Section 21167. • The Qty will promptly notify the Applicant of any such claim, action, or proceeding against the Qty and will cooperate fully with the defense. If. the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the Qty. 100. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the Qty Council shall be installed, or agreements for said improvements, shall be submitted to the Qty for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 101. The applicant shall at all- times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal. Code which requires.;noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours. of 10:00 pm to 7:00 am in nearby residential areas. 102. Security lighting shall be required. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. Agenda Item No.� - • — Pa f t to .y Page Thirty-four — City Council Minutes —July 26, 2005 27. Commercial Design Review No. 2005 -04 for EZ Lube e-at Lake Elsinore Market Place. `'Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He indicated that they were relocating the building to a preferable location: He noted that it would still be on the same pad and lot. He advised that the Planning Commission was recommending approval. Mayor Magee opened the public hearing at 7:42 p.m. - -- MOVED BY HICKMAN, SECONDED: BYKELLEY TOADOPT RESOLUTION NO. 2005-93, APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-04, BASED ON THE FINDINGS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND EXHIBITS. Mayor Magee closed the public hearing at; p.m: THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.' RESOLUTION NO. 2005-93 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-04, FOR THE DESIGN AND ,DEVELOPMENT -OFA 1,854 SQUARE FOOT EXPRESS AUTOMOTIVE LUBRICATION FACILITY LOCATED ON- PAD "T" OF THE LAKE ELSINORE - MARKET PLACE,,ASSESSOR PARCEL'NO.377- 040 -027 ON TPM NO. 23269. Agenda Item No._ _I�Q Pag"3glf . / D �i Page Thirty-five— City Council Minutes - July 26, 2005 n GENERAL " 1. The applicant shall defend (with counsel acceptable to the Qty), indemnify, Sand hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void; or annul an approval of the Qty, its 'advisory agencies, appeal boards, or legislative body concerning the subject project known as "EZ Lube" at�the Lake Elsinore Market Place located at 377 - 040 -027, 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 Qty will promptly notify the, Applicant of any such claim, action, or proceeding against the Qty and will cooperate fully with the.defense. If. the Qty fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant.shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within the Draft Environmental Impact Report (SCH No. 2004021018). COMMERCIAL DESIGN REVIEW NO. 2005-04 3. The Design Review approval located on Pad '77, Parcel No. 377 - 040 -027 of TPM No. 23269 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one (1) year, a building permit related to the Design Review is issued and construction commenced and. diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall, continue to be valid upon a change of ownership of the site. 4. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. 5.. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 6. All site improvements, approved'with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the, submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through /-� subsequent action. Agenda Item No.�_� Page 3 f�$ Page Thirty -six — City Council Minutes - July 26, 2005 7. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17,82 (Design Review) of the Lake Elsinore Municipal .Code. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental"to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any •material covering the roof equipment shall match the primary. wall color. - 9. The applicant shall provide supplementary landscaping as shown on the site plan and the landscape plan in the form of ground cover and- shrubs along the Northeast Elevation as wall as to provide the required screening of mechanical and electrical equipment from the drive aisle, pursuant,to Section 17.38.110;D of the Lake Elsinore Municipal Code. 10. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 11. All building signage shall comply with the Sign Program submitted to the Planning Division as well as Chapter 17.94 of the LEMC. The applicant shall apply for the appropri ate permit with the Community Development Division. 12. Flagpole as-noted on•the'site plan shall be no taller than twenty feet (20') and shall only be used to fly the American flag. 13. Applicant shall meet ADA.(Americansmith Disabilities Act) requirements. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 15. No exterior roof ladders shall be permitted. 16. All exterior downspouts shall be concealed or architecturally screened'and painted to match the exterior color of the building: 17. The Planning Division shall approve the location of any construction trailers utilized during construction..' All construction trailers shall require a cash bond in•the amount of $1,000.00 to be processed through the Planning Division., . I 1 0- 18. Materials and colors depicted on the plan's and ,materials board shall be used unless modified by the Community Development Director or designee. 19. On -site surface drainage shall not cross sidewalks. Agenda Item No.. Page 2 of� lei Page Thirty -seven — City Council Minutes - July 26; 2005 ` 20: Parking stalls shall be double - striped with four= inch(4 ") lines two'feet (2) apart. PRIOR TO BUILDING /GRADING PERMITS 21. Prior to issuance of any grading pemit or'building permits, the applicant shall sign and complete'an "Acknowledgement of Conditions ";form and, shall return the' executed original to the Planning'Division for inclusion in'the case records. 22.Applicant'shall comply with the`'requirements of'the Elsinore Valley. Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. ' 23. Prior to issuance'of'buildingpermits, applicant shall provide assurance that all''r'equired fees to the Lake Elsinore Unified School District have been paid:' 24. °Prior to issuance of-building'perlmits applicant shall provide assurance that all requirement's of the Riverside County Fire Department have been met. 25: PriorAd issuance of building permits, applicantshall pay park -in -lieu fee,iri effect at time ofbuildin ". g Permit issuance.. , ENGINEERING 26. Clearly post directional signs to'the service bay eiiirarice: Show sign locations on a signing and striping plan to be approved by the City Traffic Engineer. 27. Comply with the 'development's underlying Conditions 'of Approval. 28. Landscaping along northeasterly, landscape island shall not obstruct view of traffic exiting the proposed project parking lot 29. Trash enclosure'shall be sifdated such that trucks attempting to empty the bin do not block the traffic circulation of the adjacent b`dsiness's parking or drive - through: 30. Provide for compliance with the Santa`Ana Regional Cleap'Water Run -off Permit. 31. Stacking for drive- through traffic on any pad shall not obstruct drive aisle circulation. 32. Pay all Capital Improvem'''ent and Plan Ctieck fees (LEMC ea 16.34, Resolution' 85 -26), mitigation fees, ar drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and Its development. Agenda Item No.J P8ge7.f__L*_1Q .y Page Thirty-eight — City Council Minutes July 26; 2005 33. 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: 34. All compaction reports, grade certifications, monument�certifications (with tie notes delineated on 8,' /z" x,11 "Mylu) shall.,be,submitted to the Engineering. Division before final inspection of public works -improvements will be scheduled and approved. . 35. Provide fire protection facilities as required,in.writing by the Riverside County, Fire Department. 36. Applicant shall submit a traffic control plan showing all traffic control devices for the project.i All,traffic control devices shall,be installed, prior to final inspection,of,public improvements. _ 37. Apply and.obtain.a grading permit with appropriate security priorto building permit issuance. A grading plansigned 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. 38. Provide.soils, geology and seismic report unless otherwise provided..., 39. 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. 40. Applicant will be required to install BMP's using the best, available.technology to, mitigate any urban from entering the watershed,.. 41. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board . t. , for their stormwaterpollutionprevention ,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 BM 's that.will be implemented for the 11 development and including maintenance responsibilities. ,, I 42. 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 stoimwater qua] ity_,and meet the goals of the BMP in , Supplement "A" in the Ri id 1. verse County NPDES Drainage Area Management Plan. Agenda Item Nom[ �1- Page_Qof —1 0 Page Thirty -nine — City Couneil Minutes — July 26, 2005 43. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 44 `In accordance with the City's Franchise Agreement for'waste disposal and recycling, the applicant shall be required to contracfwith CR &R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTY FIRE DEPARTMENT - 45. The applicant shall comply with all the conditions referenced in the attached Conditions of Approval from Riverside County Fire Department, `dated May 23, 2005 and June 16, 2005. CONDITIONAL USE PERMIT 46. The Conditional Use Permit'approved "herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration n of one year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 47. The Conditional Use Permit shall comply'with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 48. The Conditional Use Permit:granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 49. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved'by the Planning Commission and the City Council shall be :installed, or agreements for "said "improvements, shall'be submitted. to the City for, approval by the City Engineer, and all other stated conditions shall be complied. with.. All uncompleted improvements must be bonded for as part of the agreements. 50. The hours of operation for the automotive express lubrication facility shall be limited to the hours of operation expressed within the Business Plan submitted. 51: The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound .levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. f 52. The use of an outdoor,public address system shall not,be allowed. Agenda Item No. Page sofqq s Y Page Forty — City Council Minutes — July 26, 2005 53. Security lighting shall be required. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. A photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development Director or designee. OUTSIDE AGENCIES LAKE ELSINORE POLICE DEPARTMENT 54. The applicant shall comply with all the conditions referenced.in the attached letter from the Lake Elsinore Police Department, dated June 8, 2005. RIVERSIDE COUNTY HAZARDOUS MATERIALS DIVISION -- 55.The applicant shall comply with all the conditions referenced in the attached Conditions of,Approval from Riverside County Hazardous Materials Division, dated April 20, 2005. BUSINESS ITEMS 31. Second Reading — Ordinance No. 11.52 — Approving Zone Change No. 2005- 05. Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 11529 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE (PRE -ZONE) NO. 2005 -05 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(s) 391 - 170 -005; 0079 391 - 200 -0039 004, 007, 391- 230 -002, 003, 004, 005, 007,.0099 010,390-130-0069 0159 0169 020, 0219 0249 390 -160- Agenda Item No. 16 Page_!1oof_zM .0/ Page Forty -one — City Council Minutes`= July 269 2005 001, 0029'01-10129 391= 240 - 011, 012; 391 -240- 001,390 -170- 001, 391 -260- 001, 389- 020 - 032, 390- 190 - 011, 012, 0139 389- 080 -037, and 389 - 020 -036 TO M -3 MINERAL RESOURCES AND RELATED MANUFACTURING UNDER THE ZONING ORDINANCE SUBJECT TO COMPLETION OF THE ANNEXATION NO. 72. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCIL'MEMBERS HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NON E 'Y ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCI ,MEMBERS: NONE 32. Branding subcommittee recommendation: Consideration of Branding Project alternatives and consulting services. Mayor Magee introduced the itein and deferred to Branding subcommittee member Hickman. Councilman Hickman gave an overview of the item. He deferred to, Information/Communications Manager Dennis and George Bloomfield of the George Bloomfield Group, Inc. for a presentation: George Bloomfield gave a more'm depth overview of the item: He indicated that there were two alternatives as listed in the staff report in which he felt were considerable. Kim Cousins, President of the Lake Elsinore Chamberof Commerce, commented that the he was in factor- 'with•the Council moving forward.' He advised "that it was a critical point in the venture°of the City to invest in the future. He indicated it would give a more positive and clarified position with the community. ' He noted that currently there'was no clear message for Agenda Item No.1 .►� Page'� )—ofIN Page Forty-two — City Council Minutes — July 26, 2005 the City. He suggested that Alternative 2 would be a more favorable decision. Councilman Buckley commented about the Murrieta logo. He indicated that people did not know if it was the mountainsides or the connection between 215 Freeway and 15 Freeway. He indicated that external research would help avoid those types of problems. Councilman Hickman noted that developers were willing to contribute $40,000 towards this project. He thanked Mr. Stringer of Pardee Homes for being one of the contributors. He suggested Alternative 2. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE ALTERNATIVE 2 AND AUTHORIZE THE CITY ATTORNEY TO PREPARE A PROFESSIONAL SERVICES AGREEMENT WITH GEORGE BLOOMFIELD OF THE BLOOMFIELD GROUP, INC FOR THE BRANDING PROJECT AND AUTHORIZE THE CITY r 1 MANAGER TO EXECUTE SAID PROFESSIONAL SERVICES �/ AGREEMENT IN AN AMOUNT NOT TO EXCEED $53,000. Councilwoman Kelley indicated that when this first started she had vision just the branding, not a complete marketing plan. She indicated that she could support Alternative 2, keeping in mind the price was $53,000; which was only for the design, not the,implementation. Councilman Buckley suggested taking the opinion research - telepoll of $25,000 out of Alternative 1 and have it placed into Alternative 2 and removed the Alternative 2 focus group and used an informal focus group in the City. Mayor Magee indicated that he could not support the additional funding for an opinion research - telepoll. He indicated that he could support the motion on the table, with the understanding;that the Bloomfield Group would report back to the full Council with the results of the branding package. Mayor Pro Tern requested clarification that alternate logos would be part of the report. Mr. Bloomfield clarified that would be included in the report. Agenda Item No. 1n6 Page 12f_qi Page Forty-three — City- Council Minutes- July 26,2005 33. Animal Shelter Options: - Mayor Magee introduced the item and deferred to City Manager Brady. City Manager °Brady -gave �an overview of the item and deferred to Community Services Director Sapp. Community Services Director Sapp explained that the -staff had viewed three separate properties owned by the City that would be ideal for construction of a shelter. He referred Council to page 4 of 38; which reflected Exhibit "A". He noted the cost for three differenttemporaiy sites and the cost for a permanent facility, in comparison to the proposed cost for the Animal- Friends /JPA; he recommended that staff continued participation with the JPA and move forward with the construction of the shelter. Ace Vallejos, 15231 Cobre Street, commented that he would recommend the n City Council move forward with Animal Friends /JPA. He indicated that it would be more efficient, rather than the City taking on the full responsibility. Councilman Buckley commented that modern animal shelters were built essentially to hospital - standards and the City was "required bylaw to` have 'a Animal shelter: He indicated that the JPA would behaving a'tour of the San Diego facility and the public was invited to attend. - Councilman Hickman indicated that $9 million was expensive and hoped that the JPA brought "back a lower figure to the Council. Mayor�Pro Tern Schiffner indicated;thathe"was in:fav&of an'animal'shelter. He indicated that he wanted to know the exact cost.before he committed.. Councilwoman Kelley commented that the'Citywas in need of a' animal shelter:- She concurred with other members "of the Council thaV$9 million was expensive and urged'the Councilman Buckley make sure that the Council's feelings Were well voiced -and they would like to see the budget tririimed where possible. She noted that Lake Elsinore'would be responsible for paying n 28.1% of the shelter's cost, based'on the amount of animals turned in from the Lake Elsinore" area 'and the Council had been assured that percentage would ._ - Agenda Item No.�qq_ h Page Forty -four — City Council Minutes — July 26, 2005 drop if the animals were not turned in from the Lake, Elsinore, area., She questioned who would be responsible for all of the calculations and make sure the numbers were accurate. Mayor Magee commented that from what he understood it to be, Animal. Friends of the Valley audited annually and the numbers would be adjusted.. annually. Mrs. Anderson, representative of Animal Friends confirmed that Mayor Magee was correct. Councilman Buckley advised that the JPA would meet with each of the City's before there was any; final commitment for funding. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO. CONTINUE ITS PARTICIPATION AS A MEMBER OF THE JOINTP.OWERS , , AUTHORITY (JPA) FOR THE SOUTHWEST COMMUNITIES FINANCING AUTHORITY FOR THE CONSTRUCTION OF A NEW ANIMAL SHELTER. Mayor Magee indicated that the City had not only a legal, but a moral obligation to provide humane treatment -and shelter to domesticated animals that could not take care of themselves. He further indicated that Council had directed staff to come •up, with. alternatives to joining the JPA; and staff had brought back a very good report and; commended.Community.Services_ Director Sapp on the staff report. THE FOREGOING MOTION CARRIED BY;UNANIMOUS VOTE. 34. Selection and Appointment of Public Safety Advisory Commissioners and Planning Commissioner. Mayor,Magee gave an overview_of the item: =He commented_that he,and -, Councilwoman Kelley were the subcommittee that,reviewed the applications m and conducted the interviews..He, further commented, that they have brought recommendations forward to the full Council. He noted that they had-received a total of 20, applications, for the three positions:. He introduced Valerie Sund and Axel Zanelli,for the appointees to the Public Safety Advisory Commission r 1 and Fred Francia for the,appointee to theTlanning Commission., `../ Agenda Item No. [_. 7o I fIn Page / f L/0 Page Forty-five — City Council Minutes July 26, 2005 MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPOINT VALERIE SUND AND AXEL ZANELLI TO THE PUBLIC SAFETY ADVISORY COMMISSION. Mayor Magee invited Mrs. Sund and Mr. Zanelli to speak to the public. Mrs. Sund thanked the Council for the appointment. She noted that she was a 14- year City resident and had been involved with volunteer work in the community. Mr. Zanelli thanked the Council for the appointment. He noted that he was a 5 -year City resident and was atretired Fireman. Mayor Magee introduced Mr. Francia and invited him to speak to the public. Councilman Buckley noted that consistent with City Policy 200 -5b; Section b, sub - paragraph 2, he would be happy to move the approval of Mr. Francia to the, Planning Commission, bui'he would request that Mr. Francia step down from the General Plan Advisory Committee. Mr. Francia commented that he would step down`from the GPAC.' He thanked Council for the appointment. He indicated that'the GPAC was doing an excellent job and he would not be missed. He also thankedhis wife for her support. MOVED BY BUCKLEY, SECONDED BY KELLEY TO APPOINT FRED FRANCIA TO THE PLANNING COMMISSION AND ACCEPT HIS RESIGNATION FROM THE GENERAL PLAN ADVISORY COMMITTEE; AND APPOINT THE CITY RESIDENT THAT WAS LISTED AS AN ALTERNATE TO THAT SEAT. Mayor Magee explained that Mr. Tim Fleming would no longer be an alternate member, but a full member of the GPAC. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:19" P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:41 P.M. Agenda Item No. _1 Page .y Page Forty-six — City Council Minutes — July 26, 2005 PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) ' Announced the following upcoming events:, July 301h — INT Waterski / Wakeboard Competition Aug 6`h' — Household Hazardous Waste Collection Aug 61h Ophelia Theatre Group and Elsinore Valley Arts Network Presents. "Jakes Women" by Neil Simon , Aug 13`h — Music With A View Concert Series - Brian Lynn Jones and the Misfit Cowboys Aug 13th - Canyon Lake Wakeboard Club Wakeboard Competition CITY ATTORNEY COMMENTS { No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. Agenda Item No. _` 6 Page 1j&f_q2 r .4/ n Page Forty-seven — City Council Minutes - July 26, 2005 CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She encouraged everyone to attend the Music With a View Concert Series. Mayor Pro Tem Schiffner commented on the following: 1) He expressed his appreciation for the appointees to the Commissions. 1 .y Councilman Hickman commented on the following: _._ n 1) He thanked the Chamber of Commerce for the,reverse drawing. 2) He thanked Jerry Hortmaz and Ruth Atkins for the money they donated to H.O.P.E. from the reverse drawing. 3) He suggested that all senior citizens interested in the rent and property rebate contact the Senior Citizen Center at 674 -2526. Councilman Buckley commented on the following: 1) He welcomed the new City employees and appointees 2) He announced the Historical Society would be having an estate sale in the basement of the Cultural Center on August 4`h, 5`h, and 6`h, 7 a.m. until noon. Mayor Magee commented on the following: 1) He scheduled a Joint Study Session for the City Council, Planning Commission and Public Safety Advisory Commission for Tuesday, August 301h at 4 p.m. at the Cultural Center. He requested staff contact the commissioners. Agenda Item No. ' b Page1of_!1_q_ Page Forty-eight — City Council Minutes — July 26,_2005 ADJOURNMENT The Regular City Council Meeting was adjourned at 8:50.p.m. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: FREDERICK RAY, DEPUTY CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. Page 9L(_qg_ aucusT u, 2005 CITY OF LAKEELSINORE WARRANT SUMMARY ,FUND# .. .._ ..FUND DESCRIPTION- ... TOTAL 100 General Fund $ 1,730,682.13. 101, Supplement Law Enforcement Service Fund 571.56 104 Traffic Offender Fund 183.16-,. 105 Miscellaneous General Project Fund 1,503.68 ( 1.10. State Gas Tax Fund 585.00 .. 112 Transportation/Measure A Fund 913.80 130.. Lighting /Landscape Maintenance, Fund 35,894.92 ' 135 L.L.M.D. No. 1 Fund' 397.95 204:. Signal C.I.P. Fund 325.00 205 - Traffic Impact Fee Fund 777 20 231 Library C.I.P. Fund 454.90 = 254 89 -1 Railroad Canyon Road Improvement Fund -"60 00 1 it 352 86 -1 Debt Service Fund 279,441.26 j 353 . = 89 -1 Debt Service Fund 61,635.00 356 90 -1A Debt Service Fund 131,432.37 357, CFD 2003 -02 Debt Service Fund, 346,319.09 360' 363 93 -1 Debt Service Fund CFD 88 -3 III 1997 -A Debt Service Fund ' ( ) 910,205:17 1,310,913.35 ! 364'. CFD 88 -3 (111 1997-13) Debt Service Fund 441,00255 , 365 CFD 98 -1 Summerhill Improvement Fund 550697 35 i 369 CFD 2004 -3 Rosetta Canyon Fund 325.50 jII 605 Public Improvement Trust Fund 260.00 - � 608 Trust Deposit and Pre -Paid Expense Fund 610.00.- 1 i 620 Cost Recovery System 19,414.34 ! GRAND TOTAL .; ,: 8/16/2005 WARRANT 081505 $ 5,824,605.28' AGENDA ITEM NO. CZ _ PAGE�_,O AUGUST 15, 2005 CITY ®F. LAKE ELSIlNO E , WARRANT LIST CHECK# VENDOR NAME AMOUNT / 82745 California P.E.R.S. 673.00 82746 California P.E.R.S. 55,459.92 82747 Lowe's Commercial Services 2,183.96 tszfbJ Vuoert U. AgWrre 82754, All Phase Refrigeration & Air 82755 Altura Credit Union 82756 - American Fence Company, li 82757 - American Forensic Nurses 82758 Erica Andersen 82759 Animal Friends of the Valley 82760 Artisan Goldsmiths & Award,, 82761 Bank of America (0619) City 82764 Bank of America (6707) Admi 82765 Bank of America (8314) Comi 82766 Ben Meadows Company, Inc. 82767- Boats Plus 82768 Lawrence Bobo 0.0 4,484.83 150.00' 802.07 925.00 60.00 298.35 293.44 . 7,500.00„ 12.01= & Community Development Department- : 492.08 30.00 36.65 " 1,377.04- 196.83 82786 Ramiro Delgado 100.00 82787 Delta Services 601.94 82788 DLT Solutions, Inc. 469.79 82789 Do It Center 12.32 82790 Carole K. Donahoe. AICP 3,657.40 82791 Downs Commercial Fuelina. Inc. - 3,648.51 82792 D3 Ec 82793 -82794 E.V.M.W.D 82795 E.S. Babcock & Sons, Inc. 720.00 AGENDA ITEM NO. a 8/16/2005 WARRANT 081505 - PAGE —9 OF. - 5 (-.f) AUCVST 1s, 2005 CITY ' ®F LAKE- ELSIN ®RE WARRANT LIST' CHECK# VENDOR NAME -AMOUNT 82796 Ecology Control Industries, Inc. 439.20 82797 Elite Elevator, Inc. 437 00 0 82798 Elsinore Electrical Supply, Inc. 72.11 82799 -82800 Elsinore Pioneer Lumber Co. 656.42 82801 Elsinore Valley Rentals 1,350.50 .; 82802 Elsinore Valley Self Storage 77.00 82803 Excel Landscape, Inc. 905.00 82804 Express Tire , 1,749 OS 82805' Federal Express Corporation 64.28- 82806 Louis Fetherolf 183.16 82807 Filarsky &Watt, LLP 3,266 04 82808" First Financial Group 10,842.00 . 82809 Fortis Benefits 7,110:13 82810 rh rt a a a Ge ' s Garage, Inc. 1 222. G7 82811 -Golf Ventures West 28,465.4 0 82812 Grainger, Inc. 323.40 82813 The Graphics Company 20.00 ' 28214 -82816 Greenscape Landscape; Inc. 41,276.00 82817 Arline Gulbransen 495.46 82818 Lorena Hancock 610.25 82819 Harris & Associates, Inc. 46 713 2S ' 82820 Hawlaway Storage Containers, Inc. 216.00 82821 I.C.M.A. Retirement Trust 5,009.00 82822 Inland Empire Lock & Key , 60.07 82823 Jahn Engineering _ 9,764.45 (� 82824 Jobs Available, Inc. 367.20 82825 Jones & Stokes . 5,079.37 i 82826 L & M Fertilizer, Inc. 463 27 82827 The L.I.U. of N.A. 1,461 46 82828 Lake Chevrolet 1 362 19 82829 Lake Elsinore Florist & Gifts 74.29 82830 Lake Elsinore Storm 160.00 82831 LE &SJWA 10,000.00 82832 Lear Auto Body & Towing 8 190 59 82833 Library Systems & Services, L.L.C. 454.90 82834 Liuna Local 777 605.00 82835 Logical Designs, Inc. 500.00 82836 Charles Mackey Jr. 5 083 6 0 82837 The Mark Fisher Company 571.60 82838 Mayhall Print Shop 572.15 82839 MBIA 375.00 82840 McMaster -Carr 186 03 82841 Gary Melton 100.00 82842 Linda M. Miller 4,175.00 82843 Mobile Satellite Ventures, L.P. 73 21 ,- 82844 Morrow Plumbing, Inc. 555.85 82845 Morrow Plumbing, Inc. 956.57 82846 - .lavipr Nava . AGENDA ITEM NO.. - 8/16/2005 WARRANT 681505 PAGE ,3 OF Y .y AUGUST 15, 2005 CITY OF LADE ELSINORE WARRANT LIST, CHECK# VENDOR NAME AMOUNT 82852 -82853 Petty Cash 346.51 82854 Pitnev Bowes. Inc. gal) an AGENDA IT M NO. 8/162005 WARRANT 061505 - PAGE_OF W oQ.6) AUGUST 15, 2005 CITY OF LADE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 1 82908 Vision Service Plan 1,131.50 82909 West Coast Arborists, Inc. 6,888.00 82910 West Coast Turf 1.777.88 s n ml 82915 Zones.Com 1,617.32 SUB TOTAL $ 5,683,886.80 P/E DATE: 08/05/05 PAYROLL TAXES 41,109.73 08/05/05 PAYROLL CASH 99,608.75 GRAND TOTAL $ 5,824,605.28 8/16/2005 WARRANT 081505 AGENDA IT&M NO. PAGE_ OF A X CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS JUNE 2005 INTEREST RATE LOCAL AGENCY INVESTMENT FUND 2.967% DATE MATURITY PURCHASED RATE DAILY 24 -HOUR AMOUNT $31,362,968.27 cccaeexacxxc _ xxcece=_= lxcao>= eoaaceeaexxaa= mexox eeeex— xccacsc INVESTMENT TOTAL $ 31,362,966.27 - Bess— xccsaeme =saxr acc = eeesssxcsa_xeaxxxeacsa_ - a- �xxx— ceseaeesxmsassseeeeee_ —xxeo AVERAGE ANNUAL RATE........... 2.233% I certify that this report accurately reflects all pooled Investments and it Is in conformity with the investment policy as approved by the City Council on June 22, 2004. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Investment Officer Date ' 1 I AGENDA ITEM PAGE--j--OF 1 ' .y DIY V CITY OF LAKE ELSINORE n REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A: BRADY, CITY MANAGER DATE: AUGUST 23, 2005 SUBJECT: RIVERSIDE COUNTY GANG TASK FORCE MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE COUNTY AND THE CITY OF LAKE ELSINORE BACKGROUND In response to escalating gang activity, the District Attorney established the n Gang Prosecution Unit in 1989. This unit, with the help of law enforcement agencies identifies active and violent gang - members and prosecutes them. We can begin to solve these problems created by gangs in our county through coordination with the District Attorney's office and law enforcement agencies. A Senior Deputy District Attorney who has experience in the District Attorney's Office will fill the position of Countywide Gang Coordinator. This MOU (Memorandum of Understanding) is entered between Riverside County and the City of Lake Elsinore for the primary purpose of creating and providing proportionate funding -of a Senior Deputy District Attorney position as a. Countywide Gang Coordinator. This will allow for a full -time deputy district attorney to work' with the law enforcement agency to review cases and help in the prosecution of gang crimes. ncErionrrEM ao.� PAGE OP� I .y REPORT TO CITY COUNCIL AUGUST 23, 2005 PAGE 2 FISCAL IMPACT The annual estimated cost of Project Safe Neighborhood will be the cost of a Deputy District Attorney IV at step 12 and other operational costs: Total Cost: County's Share (50 %) City of Lake Elsinore's Share (based on population) 1'` year 2 °d year $187,468. $192,118 $ 93,734 $ 96,059 $ 4,263. $---4,369 Payments of costs: The County of Riverside will invoice the City of Lake Elsinore annually for the actual cost of this program. This shall be effective the first day of the month following Board approval and the following 24 months and.shall automatically renewed for one year following acceptance from both parties. RECOMMENDATION It is recommended that the Mayor and City Council approve the MOU between Riverside County and the City of Lake Elsinore. PREPARED BY: REVIEWED BY: APPROVED FOR AGENDA BY: DIANE BLOCK, MANAGEMENT ANALYST MATT N. PRESSE DIRECTOR OF- MINISTRATIVE SERVICES Q../ CI MANAGER99 OFFI E AGENDA ITEM N0 ---±.._.,...A ' PROJECT SAFE NEIGHBORHOODS RIVERSIDE COUNTY GANG TASK FORCE PROGRAM MEMORANDUM OF UNDERSTANDING BETWEEN'RIVERSIDE COUNTY AND THE CITY OF LAKE ELSINORE I. TERM Effective Dates. This Memorandum' of Uriderstariding (MOU) shall be effective from the - first day of the month following Board approval and for the following 24 months. ' Renewal. This MOU shall automatically be renewed for an additional one - year period upon written acceptance by both parties received 60 flays prior to the two - year anniversary of this agreement. Termination. If the City of Lake Elsinore desires to terminate this Agreement at the end of two years, the City Council shall notify the District Attorney and the Riverside County Board of Supervisors of its intention to do so, not later than 60 days before the end of the term of this Agreement' H. PURPOSE The following MOU is entered into between Riverside County and the City of Lake Elsinore for the primary' purpose of creating and providing proportionate funding of a Senior Deputy District Attorney position as a Countywide Gang Coordinator. The intent of this MOU'is to establish and identify the responsibilities of the gang coordinator position, the responsibility of the City of Lake Elsinore, the responsibility of the City of Lake Elsinore's law enforcement agency, and the financial agreements between the entities: This MOU will allow for a full time deputy district attorney to work with the law enforcement agency to review'cases and help in the prosecution of gang crimes. HI. SCOPE OF THE PROBLEM Criminal street gang members commit violent and serious crimes, such as the sale of narcotics, shootings, armed robberies, and murder. In response to escalating gang activity, the District Attorney established, the Gang Prosecution Unit in 1989. This unit, with the help of law enforcement agencies throughout the county, identifies active and violent gang members and'then vertically prosecutes them. AGENDA REM NO. PAGE .3 OF .y Gang activity in Riverside County continues to increase because of the heavy migration of gang members from Los Angeles, San Bernardino, and Orange counties. Increase in gang violence in those counties quickly spills over into our county. Law �•r/ enforcement in, the county has identified 233 separate criminal street gangs, with a total of 7952 individual members. Some gangs have fewer than 100 members; some gangs have more than 500 active members. Beyond these numbers, friends and associates commonly assist the gangs in committing serious and violent crimes. In 2003, the homicide rates in California jumped i l% and other violent crime is on the rise. Prominent law enforcement leaders, such as Los Angeles Police Chief Bratton, attribute this dramatic increase to gangs. Our county has taken many diverse steps to attack the gang problem. It has spent millions of dollars on prevention, intervention, and suppression. However, there has been little collaboration and coordination of effort and financial resources among County communities in this process, and duplication is the norm rather, than the exception. Gangs negatively impact the economic, social, and public safety of our communities. We can begin to solve the problems created by gangs in our county through coordination with the. District Attorney's office and .law• enforcement agencies in each participating city. IV. STAFFING A Senior Deputy District Attorney who has experience in the District Attorney's Office will fill the position of Countywide Gang Coordinator. r 1 V. DUTIES The Countywide Gang Coordinator will identify all current resources available on the local, state, and federal levels, collaborate with law enforcement to identify the gangs and their activities in the City of Lake Elsinore, disseminate information to all parties, and coordinate the prevention, intervention, and suppression efforts in order to reduce the. number, and the seriousness, of gang crimes. This comprehensive, unified approach would target one area at a time — with all the resources focused . on the three approaches (prevention, intervention, and suppression) over a period of time. Once the gang activity in that area is abated, those resources would then be focused on other impacted areas of the county. VI. AGENCY RESPONSIBILITIES The District Attorney's Office shall have the following responsibilities: a. Provide office space, office equipment (including computers), clerical assistance, and other office support staff and office supply. as needed. b. Provide supervision of the Gang Coordinator and other matters incident to the performance of service and the control of the deputy.'. 2 AGENDA ITEM NO.— PAGE__Y_OF_�� n c. Mentor and ^coach the- deputy in his /her - responsibility; oversee the progress of the work; regularly evaluate performance; oversee reporting and statistics. d. Collaborate with the Youth Accountability Team (YAT) in working with at -risk youth. e. Report- annually to the Board of Supervisors and the City Council for the City of Lake Elsinore on the success of Project Safe Neighborhood.. The partnering law enforcement agency shall have the following responsibilities: 1. Collaborate with the gang Coordinator in identifying . gangs and gang . activity. . . 2. Review cases and participate in the investigation -and prosecution of gang crimes. ' VII. FINANCIAL PROVISIONS .y The annual estimated cost of Project Safe Neighborhood will be the cost of a Deputy District Attorney IV at step 12 and other operational costs: 1" Year 2M Year Salary and benefits $158,108 n One -time start-up costs $ 12,910 Ongoing costs 16.45 Total cost $187,468 The County's share (50 %): The City of Lake Elsinore's Share (based on population): $ 93,734 $174,118 0 18.000 $192,118 $ 96,059 $ 4,263 $ 4,369 Payment of costs: The County of Riverside will invoice the City of Lake Elsinore annually for the actual cost of this program. VIII. ADMINISTRATION OF TERMS The Mayor of the City of Lake Elsinore shall administer this Agreement on behalf of the City; and the District Attorney shall administer this Agreement on behalf of the County. IX. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, 3 ACMDA ITEM NO / PAGE J5 N� shall be valid unless made in -the form of a written amendment to this Agreement which is formally approved and executed by both parties. X. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: County City. . Grover Trask, District Attorney City of Lake Elsinore 4075 Main Street 130 South Main Street Riverside, CA 92501 Lake Elsinore; CA 92530 COUNTY OF RIVERSIDE By. Grover Trask, District Attorney Dated: ., I : By:. Dated: CITY OF LAKE ELSINORE Name & Title ATTEST:, Name & Title Q. ) mss/ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: AUGUST 231'2'005 SUBJECT: AMMENDMENT TO RESOLUTION.2005 -47 and 2004-61 - APPROPRIATION LIMITS •F/Y 2004 -2005 AND F/Y 2005- 2006 (PROPOSITION 4) , BACKGROUND f Article XIIIB of the State Constitution specifies. that the City can annually increase its appropriation limits by a factor comprised of the change in population combined with either the change in California per capita personal income or the local assessment roll due to local non - residential construction.,, DISCUSSION Resolution 2004 -61 was passed to set the 2004 -2005 Appropriations Limit for the City. An error in calculation has been found which affects the Appropriations Limit for 2004 -2005. The error in the 2004 -2005 calculation also affects the 2005 -2006 Appropriations Limit adopted in Resolution 2005 -47. The approval of Resolution 2005 -_ will correct the Appropriations Limit for 2004 -2005 and 2005 -2006. n FISCAL IMPACT None U :\kim \Council Requests\Report to Council appropriations corrections' -l.doc AGENDA ITEM NO. _5 -_. PAGE I OF�_ _y REPORT TO CITY COUNCIL AUGUST 23, 2005 PAGE 2 Staff recommends that Council approve the attached resolution amending both 2004 -05 and 2005 -06 Appropriations Limits. The corrected Appropriations Limit for 2004 -05 is $36,967,185 and for 2005 -06 is $41,133,516. PREPARED BY: FINANCE DIVISION MANAGER REVIEWED BY: fffif MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES U:\kim \Council Requests\Report to Council appropriations corrections' -1:doc AGENDA ITEM NO. 5 PAGE '% OF n CITY OF LAKE ELSINORE F/Y 2004 -05 APPROPRIATIONS LIMIT 2003 -04 Appropriations Limit: Add 2004 -05 Adjustments: California Per Capita Personal Income (3.28 %) State Department of Finance Population Growth Percentage for Lake Elsinore (6.13 %) 33,538 @ 1/1/2004 2004/05 Appropriation Limit: CITY OF LAKE ELSINORE Fly 2005 -06 APPROPRIATIONS LIMIT $33,725,779 $1,106,206 $2,135,200 $36,967,185 2004 -05 Appropriations Limit: $36,967,185 Add 2005 -06 Adjustments: - California Per Capita Personal $1,944,474 Income (5.26 %) State Department of Finance Population Growth , Percentage for Lake Elsinore $2,221,856 (5.71 %) 38,045 @ 1/1/2005 2005/06 Appropriation Limit: $41,133,516 AGENDA ITEM No.� - PAGE a.OF_- .y RESOLUTION NO.2005 —. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMMENDING CITY OF LAKE ELSINORE RESOLUTION NO. 2004 -61 AND _NO. 2005 -47 ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004 -05 AND 2005 -06 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 1 OF THE CALIFORNIA ` GOVERNMENT CODE WHEREAS Article XIII B of the Constitution of the State of California as proposed by the Initiative Measure approved by the people at the special statewide election held on November 6, 1979 and amended in June, 1990 by the people of the State of California (Proposition 111), provides that the total annual appropriations subject to limitations of each local government shall not exceed the appropriations limit of such entity for the prior year adjusted for changes in the cost of living and population except as otherwise specifically provided for in said Article; and WHEREAS Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article XIII B" at a regularly scheduled meeting or a noticed special meeting and that fifteen days prior to such meeting, documentation used in the determination of the appropriations ( 1 AOENOA ITEM NO. PAOE__q_OF�_ limit shall be available to the public;, and WHEREAS. Proposition 111 as approved by the voters of the State of California, requires a recorded vote of the City council regarding which of the annual adjustment factors have been selected each year; and WHEREAS at the time of adoption of this resolution, data necessary to calculate the increase in the non - residential assessed valuation was not available from the. County Assessor's office; and, WHEREAS Section 7902(a)•of the Government Code sets forth the method of determining the appropriations limit for each local jurisdiction for the . n 2004 -2005 and 2005 706 fiscal year; and WHEREAS the City Council of the City of Lake Elsinore wishes to establish the amended appropriations limit for fiscal year 2004 -2005 and 2005 - 2006 for the City, of Lake Elsinore. AGENDA ITEM N0. PAGE C5 OF_-I. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore, California, as follows: Section 1: That it is hereby found and determined that the documentation used in Q-4! the determination of th e appropriations limit for the City of Lake Elsinore for fiscal year 2004- 2005 and 2005 -06 was available to the public in the Finance Department of said City at least fifteen days prior to this date. Section 2: That the growth in California Per Capita Income and City Population were selected for the 2004 -2005 and 2005 -2006 fiscal'years. = Section 3: That there may be a need to amend the inflation'factor selected and adjust the appropriations limit once the non - residential assessed valuation data becomes available from the county Assessor's Office." Section 4: That the amended appropriations limit-for the City of Lake Elsinore as i 1 established in accordance with Section 7902(a) of the California Government Code is $36, 967,185 for 2004- 2005'and $41,133,516 for 2005= 2006. ADOPTED by the City Council and signed by the Mayor and attested by the Deputy City Clerk this 23rd day of August, 2005. ...W/ AMDA REM NO.�_ PAGE_ -OF_--�— n Mayor of the City of Lake Elsinore Attest: Deputy City Clerk of the City of Lake Elsinore I, Frederick Ray, Deputy City iClerk of the City of Lake Elsinore, California, hereby certify that the foregoing resolution was duly and regularly, introduced and adopted by the City council of said City at its meeting held on the 23rd day of August, 2005, by the following vote, to witness: Ayes: Noes: Absent: IN WITNESS HEREOF I have hereunto set my hand and affixed the official seal of the City of Lake Elsinore, California, this day of Deputy City Clerk of the City of Lake Elsinore ACENDA ITEM NO. i .y i=, `��IY n CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: AUGUST 23, 2005 SUBJECT: AUTHORIZATION TO APPROVE BROKER DEALER . - -AGREEMENTS ti BACKGROUND On July 12, 2005, City Council approved an investment plan to invest $9,000,000; Bank of New York to provide third party custody services, and the list of broker dealers. DISCUSSION City Council also approved the City Manager to execute the agreement with Bank of New York. As part of executing the plan, there are several other related agreements that need to be executed related to the broker dealers. Staff is requesting authorization to enter into such other related standard agreements. A sample of such an agreement with'Union Banc Investment Services is attached. Each broker will have a similar agreement. FISCAL IMPACT None RECOMMENDATION It is recommended that City Council authorize the City Manager and the Director of n Administrative Services authority to execute the other broker dealer agreements related to the investment plan. AGENDA ITEM NO.�_ PAGE Z__OFZ_ w REPORT TO CITY COUNCIL AUGUST 239 2005 PAGE 2 PREPARED BY: MATT N. PRESSES DIRECTOR OF AD APPROVED FOR AGENDA BY: TIVE SERVICES AGENDA ITEM N0. l PAGE 2 OF� _ 1 U n i on Ba n ACCOUNT INFORMATION INVESTMENT SERVICES ACCOUNT NUMBER ` P.O. Box 513100, Los ANGELES, CALIFORNIA 90051 -1100 - - - INFORMATION ACCOUMTRLE • -. _.._. -.. STREEr ADDRESS CRY - ._ STATE ZIP - .- ADDTICNALADIXEESS INFORMATION MAILINGADDRESS(x D ed From AE e) CRY I STATE ZIP PHONE —7777 FAX E-MAIL ADDRESS U.S. TAX IDENnRCATICN NUMBER FOR DUPLICATE CO • AND/OR STATEMENTS ❑ CONFIRMATONS ❑ STATEMENTS ❑ CONFiRMATONS ❑ STATEMENTS NAME - NAME , ADDRESS ADDRESS Orr - - .. .. -. .. -. cm STATE -p„ .• - - <. ➢P .. STATE ZIP ACCOUNTTYPE This business is: - ❑ Pub &c (NYSE orNASDAO SYMBOL ,- )br ❑ Pmafe (EXlrbd C) endrats a: ...'; , ... - .. - . ❑ Corporation .... ❑ Partnership, ❑ LLC ... ❑ Sole Proprietorship ❑Other.. ❑ Financial institution (Be* Bmkw1Deafa Insrsance Corripany; Credit Union, etc.) ❑ Foreign (Complete Foreign Customer Information Below),' ❑ Government Agency ❑ InvestmenTt Manager ❑ Municipality' ❑Non Profit '.- ❑Test. , PORTFOLIO PROFILE ❑ Agencies ❑ Asset Backed ❑ Auction Rate Notes ❑ Bankam Acceptances ' ❑- Brokered CD (C Mhos rwd"ume�45d ft . - ❑ Certificate of Deposit ❑ Commercial Paper ❑ Convertible Equifies Corporates '. ImeMmerl SerMes Agreemerd). �. - - .❑ ❑ Euro Deposits ❑ Fed Funds . - - . ❑ Guaranteed 6estment Contract ❑ Mortgage Backed- ❑ Municipals ❑ Mutual Funds (Exhibit E) ❑ US Treasures ❑ Other: ❑ Up to $49 (Exhibit D) ❑ $50 to $10D ❑ $101 tom -. ❑ 4501 ❑ $10 to $50 ❑ $51 to $100 ❑ s101 .to s5oo ❑ >W701 Union Bark of California Safekeeping Account ... -. �.' ❑ Other Delivery Instructions. Please Provide Instructions. - Account Number: Other Union Bank of California Account Number (i.e. Loan, Test, DDA ... etc.) - ; Account Number. ❑ PERSONS NAMED ON THIS ACCOUNT ARE DIRECTORS AND/OR 10% SHAREHOLDERS AND/OR POLICY MAKING EXECUTIVE OFFICERS OF A , PUBLICLY TRADED COMPANY- If Checked, Cornigete Exhibit A- I-1 - ❑ PERSONS NAMED ON THIS ACCOUNT WEAFFILIATED WITH OR WORK FOR A STOCK EXCHANGE, A MEMBER FIRM OF AN EXCHANGE OR THE NASD. If Checked Cornawe Exhibit B. ❑ Client has W-8 on file If marked, then Client is certifying that they are a foreign entity. - - If "No", then Client is to complete the appropriate Form W41(W -8ECI, WSEXP, OR W81MY)_ .. .. .. _ ❑ Client is a Foreign Bank If narked, please complete eitherthe Foreign Certification of Account (if new Client) orthe Foreign Recertification of Account (if ezidinn Clierd) andthe Foreian Declaration of Account. Country of Incorporation - - FORM 02089 (Rm 0420[6) Country of Domicile - AGENDA ITEM NO._ PNA OF a _y TRADING AUTHORIZATION Client gives the below designated Authorized Representatives, acting alone or in combination, the authority to take any a all of the following actions: n enter irdo, execute, or modify upon such tens as such Authorized Representatives shall approve, the Investment Services Agreement (" Agreement"), and any cal a written agreement with UrionBanc Investment Services LLC ("Investment Services"), and provide settlement instructions which may include payments to and from Union , / Bank of California NA. ("Banff) deposit accounts. lV /1 NOME PHONE NUMBER SIGNATURE - INVESTMEMEJTERIENCE TITLE: ,SIGNATURE: DATE: I' SIGNATURE: DATE: ❑ FAIR ❑ GOOD ❑ EXTENSIVE NMnberd Years TWng NAME PHCNENUMBER SIGNATURE INVESR.tENr EXPERIENCE _ ._ .. ❑ FAIR ❑.GOOD ❑EXTENSIVE .' _ _ - N.WdYws Tadng NOME PRONE NUMBER SIGMA RE INVESTIAMEXPERIBCE -" ❑ FAIR ❑ GOOD ❑ EXTIIJSIVE Nmn dYwrs Tmdng NAME - PHONE NUMBER - SIGNATURE INVESRAEMDWEERIENCE" -. .. ❑ FAIR . _ ❑ GOOD ❑ EXTENSIVE ' Numberd Years T2drm The abovesigned (the "Signers) are authorized on behalf of Client to execute this Account Information form ('The Fonn" ), the Agreement, and any other Documents (defined below), and to designate from time to time Authorized Representatives. Client has read, understands and agrees to the tens of the Agreement. Unless Client denies mrsert in writing to Investment Services, Investment Services may disclose Client's name to issuers of any securities held in Client's A=Lrd so that Client can receive issuer infonretion. Client, the Signers and the Authorized Representatives, understand that telephone calls to and from Investment j Services may be recorded, and hereby consent to such recording and acknowledge that an intermittent telephone beep tone will signal that a specific phone call is being recorded. On such a call, continued communication by Client. the Signers, or an Authorized Representative shall be deemed consent , to being recorded Client understands that investments made with or through Investment Services and products purchased from or though Investment Services, other than bank deposits and certificates of deposit. (such as commercial paper): a) are not FDIC insured, b) are not deposits in or obligations of any bank or of Investment Services, c) are not guaranteed by any bank (except that UrionBarcCal Commercial Furling Corporation commercial paper is backed by Union Bank of California, N.A., and additional information on this is available on request), and d) involve investment risk, including possible loss of principal. Futtermore, Investment Services may receive additional compensation equal to a varying percentage of the total purchase amount from sponaors of investment products with , whom Investment Services does business and whose products the Investment Services representatives may recommend clients to Investment Services: These paymerds help defray the casts of promotional and marketing activities and are in addition to other payments such as commissions and shareholder servicing fees. Revenue sharing compensation is paid by a sponsor, distributor, investment advisor or other related entities and can include entities of such types that are affiliated with Investment Services. Investment Services evaluates possible sponsors and their investment products using criteria that include investment performance and style, wholesaling, marketing, and operation support, and the amount of assets under management. Investment Services er ployee'conpensation is not based on ; l I or affected by product recommendations for Clients portfolios and Investment Services does nit receive direct brokerage compensation. Client represents that the information provided on this Account Information form or in connection with the Agreemert or any exhibit, resolution, authorization or otter contracts; instruments, or documents taken in connection with establishing this relationship between Client and Investment Services or from time to time thereafter (collectively, the "Documents"), is complete and correct, and that all data fields left blank on any Documents were purposefully left blank and do rat direly or indirectly apply to Client. Client will promptly notify Investment Services of any material changes to such infortration, and agrees to hold hanmdess and indemnify Investment Services from any damages tat may result to Investment Services based wholly or in part on the information Client has provided. - The undersigned -is/am authorized to review, negotiate and execute on behalf of Client all the Documents and to bind Client to the terms and conditions of all the.' Documents as currently in effect and as amended from time to time. Client acknowledges that the Documents contain a pre-dispute arbitration provision. IMPORTANT" Initial here if Client intends to have UnfonBanc Investment Services transact in mutual hinds and/or equity products in this account. Client understands that it will be required to execute the National Financial Services I:LC ('NFS') disclosure and agreement contract. See ExhibitE .' FOR UNIONBANC INVESTMENT SERVICES USE ONLY AGENDAITEM{YO. ' PAGE 2' ,. pplGE_._._ CLIENT NAME:. .. UNIONBANC INVESTMENT SERVICES REPRESENTATNE NAME: ',TITLE: TITLE: ,SIGNATURE: DATE: I' SIGNATURE: DATE: IMPORTANT" Initial here if Client intends to have UnfonBanc Investment Services transact in mutual hinds and/or equity products in this account. Client understands that it will be required to execute the National Financial Services I:LC ('NFS') disclosure and agreement contract. See ExhibitE .' FOR UNIONBANC INVESTMENT SERVICES USE ONLY AGENDAITEM{YO. ' PAGE 2' ,. pplGE_._._ INVESTMENT SERVICES AGREEMENT nThe Investment Services Agreement ('Agreement) is taken in connection with an Account Information form (the "Form') (incorporated by this reference) and governs the terms and conditions of one or more account(s) that aient has or shall have with UndorhBxre Investment Services LLC ("Investment Services'), and becomes effective when the Form is signed by Investment Services. Upon such acceptance. Investment Services will establish for (Rent an Accormt(s) (defined be" to be used for buying and selling Securities and Other Property (defined be", aceording to orients instructions, and in consideration thereof, Client agrees to all provisions of this Agreement and the Documents. Terns defined in the Form shall have the same meaning when used in the Agreement. Further, "Client refers to the person(s) or entity(m) bond by the Form and this Agreement and to the Authored Representatives. individuals and erddies w h&which own the Acccurt(s), and each s joutly, and severally liable on the Account(s). Each owner has authority to buy. sell, receive demands, notices, conformations, reports, statements and all fonts of communication; to receive and dis of Sesames and Other Property; and to modify, waive, or terminate arry provision of any DocurrenL Investment Services". refers to UlnionBare Investment Services LLC, a Wholly oared subsidiary of Union (dank of California N.A. ('Bank), and all of Investment Services' officers, managers, agents, employees andfor arry successor Interest of Investment Services. 'Account" means all accounts Client has with Investment Services. 'Securities" means securities of any kind and nature, wheter for present or future defvery. "Other Properyr means investments other than Securities, inducing financial instruments, certificates of deposit, barker's acceptances, and commercial paper. 'Account Assets' means all Securities and Other Property pucased and sold for Cllerd's Accounbs). ACCOUNT PROVISIONS 1. Authorities and Ownership The Authorized Representative(s) have the legal capacity to enter into the Agreement. Client understands that all infomation supplied by it is subject to verification. Gerd will promptly provide Investment Services all necessary documentation authorizing the opening of transactions in, and changes to the authority for, the Account. orient will be the owner of all Account Assets. .. . 2 Investment Services As Agent Client appoints Investment Services is agent to carry at alerts directions for the purchase, sale and settlemert of Account Assets in accordance with tlis Agreement and Chart assumes all risks related to such purchases and sales. Client auf hone s Investment Services to take all steps recessary to carry our Client's directions, inducing but no limited to opening and dosing accourts; mairbinirg customer records; placing and withdrawing orders; and appointing and using independent contractors a subagents, including Bank. r .. 3. Instruction and Recordings Client authorizes Investment Services to ad on telephone, telex, wire, written, fax, andfany other instructions it believes in good faith to be .4 authorized by aient, and athorizes Investment Services to record telephone oonwersations without further reminding C iemtof the recording. Client agrees that neither Investment Services mar arry transfer agent will be fable for, and aient agrees to hold all such parties harmless from, any claim or expense arising in connection with complying witlh marts instructions or requests for men's Account. 4, Advice Investment Services will make all purchases, sales, exchanges, investments and rebvest ants only upon receipt of and prsuad to Clients instructions. mend - assur es all responsibility and risk for the investment, review and reinvestment of all Account Assets, and Investment Services has no duty or obligation to review or make recarmaclatio a for the investment or reinvestment of Account Assets. Investment Services has no responsiblity, for monitoring financial publications for, or ratifying Client of, notices of redemption, conversions, exchanges, calls, puts, subscription rights and script certificates ('Corporate Actions") and shall not be obligated to take arry action with rasped thereto. Investment Services has no discretionary power or coned over arty decisions made by or on behalf of orient and alert understands and agrees that advice nInvestrrient Services may provides solely incidental to Client's in vestmad conduct and shall not serve as the primary basis for any decision by or on behalf of cant. Investment Services does not endorse any particular investment product, specifically including any mutual fads, even these advised by Investment Services. By purchasing a certificate of deposit ("CD') through UnionBanc Investment services, we would like you to understand and acknowledge the following: a A CD Purchased through UktonElarc Investment Services is NOT a CD of Union Bank or California, NA. b. A CD Purchased through LinionBom Investment Services is Mil in the name of UniohBare Investment Services LLC, as your agent. c If you desire to liquidate your CD prim to maturity, we can sell your CD on a best efforts bass in to secondary market. A significant less of principal could rest& I the CD is sold prior to maturity. . . d A quarterly statement will be sent for a CD with a maturity date greeter than one year from issuance. You will NOT receive a quarterly statement for a CD with a matunly date less than one year from issuance. . e Alf interest rates quoted use a SIN3LE interest calculation. Interests NOT compounded. It A valid Union Bark of California demand deposit acewrt is required to purchase brokered CDs. This will be the same account number that win be used by UnionBanc Investment Services. & Bank Relationship orient understands Mat Investment Services has contacted the Bank to perform operations on behalf of Investment Services related to clearing 7. Purchase and Sale Orders/Settlement a Purchase and Sale Orders. Securities will be purchased and sold only upon receipt of Clients verbal or written instructions. Securities or Other Property that Client may have in its possession mutt be received by Investment Services in good transferable form upon to settlement date. Investment Services nay effect sales of Account Assets by detvenrg certificates or other bhdicia of ownership and deposi irg the cash proceeds of such sales to a settlement account designated by alert ('aanfs Settlement Account'). Investment Services may erect purchases by debiting Clients SMgementAaourt in the appropriate amount and delivering such amourt to the seller or sellefs broker, but alert will hold Investment Services harmless tom liability to any person (except in the case of gross negligence or willful misconduct) lf Imestmemd Services effects payment on Client's behalf and the seller or broker fails to deliver the property purchased. h aienrs Settlement Account. Won settlemert is through Clients Settlement Account. orient shag authorize the designated bank to accept such debit and cede entries. Chard ratifies any telephone instructions given that relate to such an authcrtnation and agrees to have sufficient collected balances in Clients Settlement Accoud, on a before the settlement date, for payment for an Securities and Other Property, commissions and fees. If aient fails to do so, Investmmhent Services may refuse w execute Clients transaction or cancel it without notice to Client, and aient will be liable for any resulting loss. "Collected balances" consist of cash deposits at the fine of deposit; and non cash items when the depository in which the item is deposited receives final credit for the item e General Settlement. awe m respom''bb ta ensure tat Invesbmrd Services r ice limey in*uctbn anNa'wHected' balances to enable in estrned Services to affect settlement of Account Asset transactions. If Client falls to deliver such tbney ou6uctiars a balances. Investment Services shall rat be liable to Client or to any person for failing to affect settlement wtegrer by cancelling the transaction or othemwse). Investment Services shall use reasonable efforts to effect delivery or to execute the sale order, as promptly as practicable after receipt of appropriate instructions, "collected' balances, or the certificated securities, as the case Trey be. - Chart is liable for payment on demand of any debit balance or other obligation owing in any orient Account, and for any deficiency remaining in any Account in the event of the �\ liquidation thereof, in wtcle, or in part. by Investment Services or by Client. Client agrees that if, after demand, Client fails to pay any indebtedness, Irvestrrent Services may l 1 do what is permissible by law to pay Client's indebtedness ardor close men's Account. - AGENDA ITEM NO. PACE_ OF P a GENERAL PROVISIONS 8. Fees and Charges Investment Services will charge commission and fees for execution of Client's transactions. Client understands that Invesbr ent Services employees trey be paid a portion of any compensation received, and that Inowniert Services may, t legally permissible, act as principal in the sale of certain Securities and rece ive compensation therefore. In all such transactions, Giert agrees to pay all related charges, corm issio s and fees, and authorims Investment Services to debit Clients Settlement Account for to amount thereof. 9. StatementConfnrnations Cliera will receive, at a ninimum, quarterly Account Act" Statemems, and may request a confirmation for any transaction in connection with Clients Account. Such infornatim will be deemed approved unless Client notifies Invesanem Services of objection to the data reported, within 10 days after the statement is available, and within 5 days after a confirmation is available. Because of the manner in which securities transactions are effected, Client understands that an actual final pice Trey be different that the price shown on Clients corfimation. 10. Indemnity/Liability Limitation Client agrees to indemnify, defend and hold Investment Services harmless from all claims, demands, proceedings, Iiabilides, and expenses, including atomeys fees, arising out of Investment Services acting in accordance with Client's or an AuBarized Representative's instructions, or otherwise in connection with this Agreement, unless such claims are caused by Immstinent Services' gross negligence or willful misconduct. Client shall pay or reimburse Iroestniem Services for reasonable costs and expenses, including without limitation attorneys fees, of collection of debt balances or unpaid deficiencies in Ctierts Account. The provisions of this section shall survive termination of this Agmemem and shall bird Client's successors and assigns. - 11. Extraordinary Events Investment Services shall not be liable for loss or delay caused directly or indirectly by war, natural disasters, govemmem restrictions, exchange or rnarkel things, extraordinary exchange or market conditions, telecommunications, utility or equipment failures, or other conditions beyond Investrnert Services control, including without limitation market volatility, or trading wharves. 12. Account Owners Immanent Services may deliver any Securities or Other Property to any owner and has no obligation to inquire into the application or dispostion of such Securities a Other Property so delivered. This authority shall be effective unfil Investment Services receives written notice to the contrary and, upon such receipt, Investment Services my, at its sole discretion, [emirate the Account. At all times Irvestrnem Services retains the right In require the written consent of all owners prior to acting upon the instructions of any owner. s 13. Governing law, Applicable Regulations and Taxation Except as otherwise provided, the Documents and California laws shall govem all transaction hereunder without giving effect to any choice of law or conflict of laws provisions. Transactions fa Cliems Account shall be father subject to the regulations of applicable federal, state -� and regulatory agencies including without limitation the Securities and Exchange Commission, self- regulatory organizations.-the Board of Governors of to Federal Reserve System, the Office of the Comptroller of the Currency, and the corstituion, rules and customs of the exchange or rnarkef (and its clearing house, If any) where executed. Client is responsible for filing all tax returns and for paying the taxes on all Account Assets and income A Clients Account, and Client further ackn oMedges tat the Internal Revenue Service does not require Clients' consent to any conditions in these Documents other than to certify, Clients lax identification or certification required to avoid backup withholding. 14. A nendmentTermination Notwithstanding the data Client executes the Form, all the Docunerds shall have an effective date net earlier than Janmuy 1, 2005 and until such an effective date, Client(s) contractual account arrangement with Bank shall remain in fall force and effect. Upon such effective date, the arrangement with Banta shall be superseded by the Documents. Investment Services may amend, teminate or restrict the services contemplated by this Agreement or provide Client additional disclosures, at any time, in any respect, effective upon sending written notice. Clients use of the services provided hereunder after Im Amen Services sends such written notice shall / constitute Clients agreement thereto. Client can terminate this Agreement at any time by sending written notice m Investment Services at the address shown on the Form. ` Tenriraton will only affect transactions initiated after receipt of such notice, provided Investment Services has a reasonable time to act on it, and Client will be responsible for .6) obligations incurred by or on behest of Client prior to actual omimbon. 15. Notices All written communications between Client and Inveshrient Services shall be sera by first class mail, postage paid, to the parties respective addresses shown on the Form. Any communication sent accordingly shall be considered delivered to the {arty to whom addressed, whether or rot actually received, on the eadier of the actual delivery date a fie days after it is sent. Ether party may large the address for notices by giving ten (10) days prior written notice to the other party. 16. Entire Agreement The Documents comYtute the entire agreenem among the parties with respect to the Client Accounts. All previous written or oral agreements and instructions between Irrvestmert Services and Client with respect hereto are hereby superseded. 17. Pre - Dispute Arbitration Agreement. THS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE, BY SIGNING AN ARBITRATION AGREEMENT, THE PART ES AGREE AS FOLLOWS: (A) ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED. I r (B) ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION IS VERY LIMITED. (C) THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED THAN IN OOURT PROCEEDINGS. (D) THE ARBITRATORS AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING, AND ANY PARTY'S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATORS IS STRICTLY LIMITED. (E) THE PANEL OF ARBITRATORS WLL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WTH THE SECURITIES INDUSTRY. - (H) THE RULES OF SOME ARBITRATION FCRU MS MAY IMPOSE TIME UMTS FOR BRINGING A CLAM IN ARBITRATION IN SOME CASES, A CLAM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. (G) THE RULES OF THE ARBITRATION FORUM IN WHCH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. - IF THE CUSTOMER FILES A COMPLAINT IN OOLRT- AGAINST UNIONEANC INVESTMENT SERVICES THAT CONTAINS CLAIMS THAT ARE SUBJECT TO ARBITRATION PURSUANT TO THIS PRECISPUTE ARBITRATION AGREEMENT, UNION SANC INVESTMENT SERVICES MAY SEEK TO COMPEL ARBITRATION OF THE CLAIMS THAT ARE SUBJECT TO ARBITRATION; PROVIDED THAT UNIONBNJC INVESTMENT SERVICES MUST AGREE TO ARBITRATE ALL OF THE CLAMS CONTAINED IN THE COMPLAINT IF THE CUSTOMER SO REQUESTS. - THE CUSTOMER AGREES THAT ALL CONTROVERSIES THAT MAY ARISE BETWEEN THE PARTIES CONCERNING ANY ORDER OR TRANSACTION, OR THE CONTINUATION, PERFORMANCE OR BREACH OF THIS OR ANY OTHER AGREEMENT BETWEEN US, WHETHER ENTERED INTO BEFORE, ON, OR AFTER THE DATE THIS ACCOUNT IS OPENED, SHALL BE DETERMINED BY ARBITRATION BEFORE A PANEL OF INDEPENDENT ARBITRATORS SET UP BY EITHER THE NEW / YORK STOCK EXCHANGE, INC., OR NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC., AS THE CUSTOMER MAY DESIGNATE. IF THE CUSTOMER DOES 1 / NOT NOTIFY UNONBANC INVESTMENT SERVICES IN WRITING W1THN FIVE (5) DAYS AFTER THE CUSTOMER RECEIVES FROM LWONJBANC INVESTMENT SERVICES A WRITTEN DEMAND FOR ARBITRATION, THEN THE CUSTOMER AUTHORIZES UNONBANC INVESTMENT SERVICES TO MAKE SUCH A DESIGNATION ON THE CUSTOMERS BEHALF. PAGE 0 -NDA ITEM N0. PAGE &_OF2_ .y 1 THE CUSTOMER UNDERSTANDS THAT JUDGEMENT UPON ANY ARBITRATION AWARD MAYBE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. - AGREEMENT AGAINST ANY PERSONVWHO HAS INITIATED N COURT A PUTATIVE ARBITRATION, S NOR TION; OR WHO SSA EMBER OFA PUTATIVE CLASS ACTION WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL 0) THE CLASS CERTIFICATION IS DENIED; OR (II) THE CLASS IS DECERTIFIED; OR (III) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A WAIVER OF ANY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN. 18. Private Business Entities: CreditfAccount Information. If the Client is a private business entity, then Client agrees to provisions as staled in the Customer Identification VerificatiorJUSA Patriot Act. As a means to help the government fight the funding of terrorism and money laundering activities. Federal law requires all financial institiAbns to obtain, verify, and record information that identifies each person andlor entity who opens an account. What this may mean to the signers, and the beneficial owners of NESS account "s that, when you open the Account, we will ask for your name, address, foundational documents and other identifying information, and you authorize Investment Services, in compliance with the Robert Morris Associates standards, to obtain reports and exchange information with others about the Clienfs credit and business relationships. Upon Clients request, Investment Services will inform Client whether Investment M Services has obtained arty consumer credit reports from any consumer- reporting agency, and d so, the name and address of the consumer -re rtin agency. Unless Client instructs any Investment c su Services otherwise. Client authorizes Investment Services to: a) disclose Clients name and address to issuers in whose securities Client holds a position; b) release Account information to others, including without limitation to Investment Services parent company and affiliates; and c) release Account end transaction information to third parties where necessary or helpful to verify and complete transactions or to verify the existence and condition of Clients Account for account verification services, consumer reporting agencies, merchants with whom Client is doing business, financial institutions and members of any electronic transfer processing network; and release information about Chent and the Account(s) to comply with the law or a court order. r :�.GENDA ITEM NO. PM 5 p��OF is CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER' DATE: AUGUST 23, 2005 SUBJECT: PURCHASE OF SQUAD FIRE VEHICLE BACKGROUND, .. The Fire Department has prepared'a pack S _ Sf inforrtiatiori related to the purchase of a new squad to replace the existing 089 vehicle.' The squad was placed out of service in May of 2005 due to damage received in a traffic collision. The original n squad was purchased jointly by the City of Lake Elsinore and the County of Riverside. - - DISCUSSION The squad swerves as a'fi'rst responder Vehicle" )Aiich ii' equipped for iescue, emergency medical, fire and support functions. The squad is designated a Basic Life Support (BLS) vehicle. The staffing of the squad is, solely the responsibility of the Volunteer Firefighters, The volunteer staff are not paid for their coverage of the vehicle unless they are on a fire;or cover assignment, which equates to 90% of their coverage being at no cost -to the Couhty' or City. - The squad is.normally dispatched on any response in the Elsinore area `except for ringing alarm calls. The presence of the squad allows for increased personnel on-'scene; reduced response times when other Fire /EMS units are committed, coverage of community events without tying up a Medic Engine, transport of specialized equipment, and transport to limited access areas. The volunteer firefighters assembled a- complete packet of information related to the vehicle and the purchase. This staff report only repeats the "Squad Overview" section of their narrative. They have informally bid this purchase. The attached information mentions two methods of ordering the vehicle and one is clearly more AGENDA ITEM N0. PACE 1_0F - REPORT TO CITY COUNCIL-.,, AUGUST 23, 2005 PAGE 2 cost effective. Please see the attached narrative provided by the volunteer firefighters through Fire Chief Steve Gallegos. FISCAL IMPACT The attached report reflects a cost of $69,246.50 plus certain taxes and license fees., Taxes on the Ford F -550 cab /chassis will be about $2,600. The not to exceed amount can be set at $75,000. The squad was originally budgeted in the fiscal year 2004/05 budget but since it was not spent during the fiscal year it has rolled into unallocated revenue. The ending . unallocated revenue balance has not-been finalized for the year ending June 30, 2005 but it will be greater than $2,000,000. . RECOMMENDATION Staff is recommending that City Council approve $75,000 from prior year unallocated revenue, waive the formal bidding process, and approve the purchase of the vehicle and.other items as detailed in the accompanying, information packet from the Fire Department.. .; PREPARED BY: MATT N. PRESSEY 6 .,DIRECTOR OF ADMI APPROVED FOR AGENDA BY:,.• ; - JISTRATIVE•SERVICES 0 ' AGENDA ITEM N0.- � ----- PAGE�C --OF /L� .e/ (.0) (1'I LAKE ELSINORE FIRESQUAD, PROJECT n J u I y 2 0 0 5 INTRODUCTION CTEC QUOTATION LAKE ELSINORE FORD KME QUOTATION PIERCE QUOTATION CITY OF PERRIS SPECIFICATION RECOMMENDATION AGENDA ITEM NO. 9 _ PAGE_S-OF Lake Elsinore Volunteer Fire Company Squad Replacement Project City of Lake Elsinore n Table of Contents I. ,; Squad Overview II, Basic Squad, Specification III. Fire Apparatus Manufacturer vs: Custom Built IV., . _Vendor Vendor List / Contact Information " V. Cost Summaries VI. • - Recommendations., I. Squad Overview The current Squad 10 has been in service since 1989. It was placed out of service in May of 2005 due to damage received in a traffic collision. The original Squad was purchased jointly by the City of Lake Elsinore and The County of Riverside. The Squad serves as'a first responder vehicle, which is equipped for Rescue, Emergency Medical, Fire, and support functions. The squad is designated a Basic Life Support vehicle (BLS): The staffing of the Squad is solely the responsibility of the Volunteer Firefighters. The volunteer staff are not paid for their coverage of the vehicle unless they are on a Fire or Cover Assignment, which means on approximately 90% of their coverage they are doing so for no cost to the County or City. The squad is normally dispatched on any response in the Elsinore area except for ringing alarm calls. The presence of the squad allows for increased personnel on- scene, reduced response times when other Fire/EMS units are committed, coverage of community events without tying up a Medic Engine, transport of specialized equipment, and transport to limited access areas. II. Basic Squad Specification -u The basic design of a "Squad" per the County of Riverside is as follows; the basis of all squad bids and specifications must meet these basic standards to be implemented into the Riverside County Fire Department Fleet. Ford F450 JF -550 Cab Chassis Diesel Engine Exteriorly Accessible Service Body Emergency Lighting and Communications Equipment per County standard Graphics and Striping per approval of the Chief of the Department III. Fire Apparatus Manufacturer vs. Custom Built There are two routes available when looking to replace fire vehicles, the first is going to a fire apparatus manufacturer(FAM). FAM's offer a one stop solution for vehicle needs. They run the entire project from start to finish. This provides for a vehicle built with consistent quality and requires less work by the end user to obtain the end product. The down side to using FAM's is that with the added convenience, comes an additional cost. The other option is to do a custom build using a separate group of vendors, basically, this is a do- it- yourself approach. This requires more hands on involvement but results in tremendous cost savings. Nearly all of the fire companies in Riverside County use the second method. IV. Vendors The following are the vendors and FAM'S contacted in our preparation of this proposal. FAM'S Pierce Manufacturing KME Fire Apparatus, Kovatch Mobile Equipment Corp. MasterBody Works Inc. AGENDA ITEM N0. PACE _k_oF F \.t/ n * .y n r') Vendors, Cont. Separate Equipment Vendors Lake Elsinore Ford California Truck Equipment Company ' Comtronix of Hemet KME Fire Apparatus — Vehicle Graphics V. Cost Summaries FAM'S Pierce Manufacturing, Pierce provided two bids for a Rescue, one being a 10' Body Model and the other being a 12' model.* Pierce 10' Contender Light Duty Rescue $ 95,052.00 —Qpnle 49 eni(•t rl�i!'l: Pierce 12' Contender Light Duty Rescue $ 97,039.00 KME Fire Apparatus, KME provided a bid based 'on the Squads used by the City, of Rive ide.* KME, Light Duty Rescue $ 111,607 00 *Note the FAM'S include no rescue equipment. CUSTOM -BUILT Item I Vendor Unit Price Addtional Ford F -550 Cab /Chassis Lake Elsinore Ford $ 34,310.00 Plus fees Service Body CTEC $ 17,641.50 Emergency Lighting and Radio /Communication Installation and Outfitting Comtronix of Hemet $ 11,000.00 Striping and Graphics, Slide out Compartment Tray KME, Inc. $ 2,000.00 Rescue Equipment CMC Rescue $ 3,000.00 Over the Side Rescue Equipment K -12 Rescue Saw (1) Industrial Safe $ 1 295.00 TOTAL 1 $ 61246.50 AGENDA ITEM NO. M. 0, 01F VI. Recommendation After reviewing the costs of purchasing a unit manufactured by a fire apparatus manufacturer and contrasting it with the cost of a custom built unit, The Lake Elsinore Volunteer Fire ,Company recommends the choosing of the custom -built unit. The Volunteer Company would act as project managers, scheduling all work, and providing transport of the vehicle through the completion process. When possible, vendors, such as Lake Elsinore Ford, were chosen from. the local community. The design of the Squad is copied almost directly from the City of Perris's Squad 1. Therefore all design work and fabrication plans have already been created by the vendors. This also eases the . certification process. Project Outline ~; s 1. Approval and Funding by the City of Lake. Elsinore 2. Purchase of Cab /Chassis from Lake Elsinore Ford by the City. 3. Transport of cab /chassis to CTEC for installation of service body. 4. Transport of unit to Comtronix foi Lighting, Radio,'Communications, Console install. 5. Transport of unit to KME for Graphics and slide out tray 6. " Transport of unit to Riverside County Fire for approval. 7. Training on new unit. 8. Donation of unit to Riverside County Fire Department, for the expressed use in the City of Lake Elsinore. 9. Unit to be placed in service. California Truck Eglnj nmW ConVan,L IZ351000A I Btalmml•DrAmCAIM Pbeee(SK2)803•440 - Fatm i RIVERSIDE CO.FIRE STATION D 410 W. GRAHAM AVE. T LAKE ELSINORE. CA 92530 O C�1TEC B I P T O I L f :ITY OF PERRIS tEF: W.04 8808 CNEA4'101otvtMrF98 AGENDA ITEM PARE) 949- W &5435 dl6TOAU6tMn 10MIB cA6 MHlli dN1011b18pdEMG NET -30 CPU DAVID ROWS 714 - 448-1441 inulcoeoae mcxwMa Raw taoe CA 00 as mm: .was ou1L oadt, raaet FORD F -550 60" YES MWAM COrRO Wa Luoo 7 003"wC "gMRR* TOR 44" _ 24" 92" SPEC NO. NO RED CREW RR - 54" HIGH CLOSED TOP m VERT RT WE A I 10454- SHVCT -92 CTEC BODY PAINTED AND MOUNTED 16,297.00 B CIS HORIZ. COMPT. TO BE TWO EQUAL COMPTS AND BOTH COMPT'S TO HAVE DOUBLE DOORS C 1 POP -UP ROLLER TOP WITH BARN DOORS D 2 CPI GRABBER DOOR STAY ON BARN DOORS E 1 ALL DOORS W/ HANSEN STAINLESS STEEL 3- POINT LARGE "D" RING HANDLES .F 1 FALSE FLOOR IN BED AREA W/ 9" I.O. DIMENSIONS BETWEEN. FLOORS G i SPRAY- ON- LINER IN BED AREA FLOOR, BULKHEAD d INSIDE OF REAR RS ( COLOR DARK GREY) H 2 LIGHT BRACKETS FOR GUST. SUPPLIED LIGHTS MOUNTED UNDERSIDE OF POP -UP ROLLER TOP I 2 RADIUS WHEEL CUT -OUT WITH KME FENDERETTS J 1 RECIEVER HITCH, CLASS IV 10,0000 CAP K 1 REAR BUMPER, 10" STEP,STRAIGHT W/ ALUMINIUM TREAD BRITE . PAGE I OF Z SUBTOTAL QUOTED W. SALLSUIX . DATE 70M SALES TAX NOT INCLUDED, BED CAST UNLESS NOTED AGENDA ITEM PARE) a .y 54" HIGH CLOSED TOP a VERT 3U RI KICK AND STEP AND CHROME CHANNEL L 1 DOOR PROPS DOUBLE SPRING ON ALL VERT. DOORS M 1 LED LEGAL LIGHTS, INCL. BACKUP LIGHTS & CLEARANCE LIGHTS TWO EXTRA CLEARANCE AT REAR TOP SIDE CORNERS N i SHELF IN C/S LOWER REAR COMPT. (ADJ.) O 1 SET OF MUD FLAPS P 2 ALUMINIUM TREAD BRITE, FULL HEIGHT GRAVEL GUARS .O 1 COLOR RED R SHELVING AS FOLLOWS: . S/S REAR COMPT. 3- ADJ. SHELVES S/S HORIZ. COMPT. 1 -ADJ, SHELF S 1 STRIP LIGHTING IN ALL SIDE COMPT'S W/ SWITCH IN EA. COMPT. AND MASTER SWITCH IN CAB T REINF. FLOOR IN C/S FRONT COMPT. U CUT -DOWN MOD IN $/S REAR COMPT.MUST HAVE 19" FROM OUTSIDE E QUOTED Br P E 2 OF 2 DATE- SALES TAX NOT INCLUDED, UNLESS NOTED - - 6JLLESM%X 1,344.50 7A7G1L 0.00 M CrEaT $0.00 $17,641.50 AGENDA ITEM NO PAGE /2 OF 0 03/30/D5 Compaq Califn5I PRICE OtIOTATION 122618d1aNer Baiwd • Oo�r. rJ► 90212 8 bw% RmI.0 ", reue tsaf eDU MSe • Fa g9tI909 8796 —_`—� QUOTE VALID FORTHRTY DAYS (30) i RIVERSIDE CO.FIRE STATION j CITY OF PERRIS D 410 W. GRAHAM AVE • REF: W.00 8808 808 T LAKE ELSINORE, CA 92530 T D GMFM9dD7�1►4FSBd16N0lNOlFD /rNw 949- 388-5435 CLNM mm Tom FAR NMiE cumom mmmNn NET -30 CPU DAVID ROWE 714.448.1441 748=0IEGOE 7NIR wm YF�q M00a Wv1 ffif br00. �61E d/1L oDC�a FORD F -550 NEW YES OW WAY ICO Uwm PwrTLOM Lom vwr - aesine aM,E1Ww 16R 44" 24" _ rEMLwon 92" SPEC NO NO RED CREW RR a .y 54" HIGH CLOSED TOP a VERT 3U RI KICK AND STEP AND CHROME CHANNEL L 1 DOOR PROPS DOUBLE SPRING ON ALL VERT. DOORS M 1 LED LEGAL LIGHTS, INCL. BACKUP LIGHTS & CLEARANCE LIGHTS TWO EXTRA CLEARANCE AT REAR TOP SIDE CORNERS N i SHELF IN C/S LOWER REAR COMPT. (ADJ.) O 1 SET OF MUD FLAPS P 2 ALUMINIUM TREAD BRITE, FULL HEIGHT GRAVEL GUARS .O 1 COLOR RED R SHELVING AS FOLLOWS: . S/S REAR COMPT. 3- ADJ. SHELVES S/S HORIZ. COMPT. 1 -ADJ, SHELF S 1 STRIP LIGHTING IN ALL SIDE COMPT'S W/ SWITCH IN EA. COMPT. AND MASTER SWITCH IN CAB T REINF. FLOOR IN C/S FRONT COMPT. U CUT -DOWN MOD IN $/S REAR COMPT.MUST HAVE 19" FROM OUTSIDE E QUOTED Br P E 2 OF 2 DATE- SALES TAX NOT INCLUDED, UNLESS NOTED - - 6JLLESM%X 1,344.50 7A7G1L 0.00 M CrEaT $0.00 $17,641.50 AGENDA ITEM NO PAGE /2 OF 0 _y PHONE 9: (951 )471 -4120 FAX #: (951)471 -0376: NUMBER OF PAGES INCLUDING COVER SHEET COMMENTS: 1 ni cl,A� ( 4," ,e', GA dCOr �jOL �,I?\rii-�rr'nrJ -T-F Yn.. mho AGENDA ITEM NO.— PAGE.J Ol `.d AGENDA ITEM NO. PAGE-LL-OF G1+ ®G 1-k 13'1F>nrs CNGF530 VEHICLE ORDER CONFIRMAT ON 05/02!05 16:21:42 - _ ' Dealer: F71425 r 1 2008 F-SE F Order No: 0001 Priority: F4 Ord FI ES SD Page: : OW09' rder- Type: 58 Price 1 of I Level: 616 Ord PEP: 667A Cust /Flt Nade: ELSINORE IAD PO Number: - RETAIL DLR INV RETAIL PLR INV W66 F560 02 CAW CC $38575 $33494.00 CAL. BOARD FEES NC NC 176' WHEELBASE FAT LIC BRACKET NC NC F1 RED CLEARCOAT 206 17950# GVHR PKG NC NO 2 CAPTAINS CHAIRS NC - NC 425 50 STATE EMISS NC NC E MEDIUM FLINT -47Z— AMB.PKG NOT REO 687A PREF EOUIP PKG - 62R TRANS PTO PROV 250 213.03 .XLT TRIM 63T DUAL ALTERNATOR 380 323.00 - .RA STABILIZER SP FLT AOCT CA (674.00) 54K .TELE IT MIR -PWR NC NC 31 U.S.. GAL GAS 66,65 552 .PASSNGR AIRBAG NC NC COO PRICED DOHA.,. NC NC 585 .PREM AMFMICD /CL NC NC DEST AND DELIV' 850 -- .850.00 99P 6.OL VB DIESEL 4750 4038.00 TOTAL BASE AHO OPTIONS 44805 36310.65 44B 3 -SPD AUTOMATIC NC NC TOTAL - 44805 38310.65 T91 .225 BSW A -$ ND NC 'THIS IS NOT AN INVOICE'' X46 4.88 REG AXLE NC NC q - F1 =Help .. F2 =Return to Order F3 /F12 -Veh Ord Menu 'F4= Submit FS =Add to-Library -0 S099 - PRESS F4 TD SUBMIT -- OF03314 r 'wL �t S `.d AGENDA ITEM NO. PAGE-LL-OF s I 'Y n 05I01!05 2006 SUPER DUTY F -550 - MAJOR PRODUCT CHANGES OVERVIEW the needs array of commercial vocations, as wel! The 2006 Super Duty Chassis Cab continues to meet of an . as personal use.towing customers, IIN— TERIOR CHANGES :FUNCTIONAL. CHANGES. Up fitter Switches now standard on all Chassis - The 6.OL Power StrokeQ+ diesel engine meets. Cabs the CFFP requirements for Federal LEV + Tne equipment previously included in the Lariat " " : , cergfied vehicles. The Clean Fuel Fleet LEV Luxury Package is now standard on Lariat; 1 Option (855) is no longer required or. available including: ` .. 4.30 and 4.30 limited slip rear axles -are now - Electronic automatic temperature control available on F -550 with the 6.OL Power Stroke _ (FATC) :,; "I diesel engine and TorgShifl automatic — Electrochromic rearview mirror transmission Bronze -faced instrument cluster, • 5.38 (X53) and 5.38 Limited Slip (X5L) rear - Entranced message center with trip axles are now available on both 42 and 04 ' computer The standard alternator rating for the diesel Redundant steering whee! audio,and., engine has changed from 130 amps 10 110 climate controls amps due to a change in the rating system. — Woodgrain app8que instrument pahel ', `There is no change to actual,aftemator : insert .. j performance. Front console with woodgrain applique + The standard alternator rating for gas engines _when ordered with Captain's Chairs has changed from 130 amps to 115 ampsduo *` • SuperCab rear door trim panels Include to a change in the rating system. There is no' -:. cuphoiders'only on XLT and Lariat change to actual alternator performance. OPTION PROGRAM CHANGES ; Options Deleted: : — Black Tubular Cab. Steps (186)' " — Upfitter Switches (66S) - now standard T Product Changes and Features Availability reatums, options and package content subject to change. Please check wvnv.fmcdealer.com,'or Dealer eStore for tho mostcuriertfnbrmafien. - ACENDA ITEM NO. PA�EJ --OF i r i sinj vc cvvi imi vt-cJ it, 1L1 rLLLI The fallowino aflulfifflarlt It Standard 28 lncflc2tOd- EACh sell" Includes the standard equipment of the previous series, except where ad"onstexcapecris are noted: T M, uaio 703/29105 2006 SUPER DUTY F-550 —77—] PRODUCT SUMMARY The ZOOO F-SUPOr Duty releforces the tough m90 of did F-Series & cort'rluas w met the "ads of both can. raernrial & pen50121 WO lowing The fallowino aflulfifflarlt It Standard 28 lncflc2tOd- EACh sell" Includes the standard equipment of the previous series, except where ad"onstexcapecris are noted: T M, uaio AHXL content p'u3; r-jL-T"'Vurfpj's-, Bakes Ant4lnrlc Baking System Odcdw Butnp or - throm font :Cabsteps , rckadblarr •;Erglnc�6BL3-vavi SONG CFITttoio nn Grft l bright insor vdchrOMe stimuli) Fog amp s modular viogazz I . • Heacarrild, -dual b0ainjowel effect • Glass -pilvacy • Fual taK - 40 Gallon rifle we Light- underhWd SOAAM fight .Window - rea WN: manual T • Sabliza bar - front & mar I i mrors - ITandal oloscapirtWer bw . Mocs - iS.Vioiged polwtud alimawn Stationary Elevated Idle Conlre ($EIC) wsamerheated glass, trftra clearance 4 Irgi;* Stecifing - p(w.w tyr(&. turn Signals A 2-way !old -Air conditioning- J10011126C Tratilerwifing - 7-whe heiress vdmiaiys, blunt I r r !%=11 tumparaute controf (EATC) a cut 9 laticked nilltorvirg - man"! • DOW trian - salt armarstigrals here,,,, Transmisslort-TarciShift'liS-spced ris - premium far •ADLar AMICF woodgrain upper appliquil, uppa& lower eularalic - layer 2 kr`in�ll C0j,) - ' asks' �23pflafldi.m ma IS & Waster EVlW 0 tn. _ 804 mr, S d panel - somlatud woodgrabi L. atj�rj painted front upper appilquir, upper & lower map. pockets insert• a Glass - flip-out roar quarter & reriocur in3bi;rviont Glass - Soler lquid • Flow covering - color ccordinated 1.4 mrfx t cluster wi teir"ec, melsogo cn-nier & trip GdQo-.iuUsntpamtod & floor mats computer wv compass, tristanefi-l"Mply. • Headlamps- sealed beam halogens Power equipmand - driver windavv, door looks average fual eccriorry, airfolafrip • LIDW - roof clearance & Windows witiscidif swif0ce & accessory Configuration & SMUS, syslan t Choat a • Mkioc's-ryvanualPytelescopictrail.te.low w & 2-way told = Mt11s;1j!!?) delay ' Soot- front, high seres'doth 4=0140 slift lonquago selection* .. I filmor - elactrochronclearviewIr front bench wicenter amerist, cupholdor & storage Seat - from; promium leaner treating 1 mccis-% steel Stcoring wheel ult'spered cootrol Surfaces tlar=40 split bench w1centor I Wndows - Molest rear quarter j$uparCab armrest cuplapda & storage, only) • %Vr&w - war. fixed I or" Cab 0.11y) 11IL-lial a Slowing wheel- lowthcr-wi-appod, dock, yd Audio -AM/FM stores mddigilal clock % 2- redundant audio & climate controls * F 2peakem . 8iinvisas - color coordinated dolli. single Fla" 00vanng - blackvinfi fult dfivetrolmar, strap. single pflurangur I Voor, trilm - 2mol*ab handle & refladlo- wfootrafed llobt3d minor Insiru mnlation - larchonictor, speedometer. I Safelltr§9pigly rurbo boost (diesel ordy), voltmeter (inarrual • Advanced Security 9ruup (aut3lock, aly) oil proreure, coolant tam pe rawiffi, fuel "refeee, remote kiyloss entry, a wirod transmission temperature gauge keypad) guge, wrarn"'u- only), Indicator lighLs & message center wl odornater, trip odometer, engine It" motor & warning messages Wria -- zoarviow 11.5"dayinight • Powarpolpt-auxiliary Sollf plates -cola coordinated • Seal - HD vinyl from full bench Wredi,ne Slocring Wheel - tlack Vk%yl • Surivitiors - color coordinated clolh, s:nglo driver w/map strap. Single passenger upfilw Switches (4) on Orm instrunrient wzl* 1141porst - Interval wiper control A 'ont passenger �A bet- passenger do air bag deactivation V Mich (O 113 SupeirOab) • Iss"talarlio - chinks, &flashing warning fightilbellnoltwoldled • Solely belts -cola coord'noted w1height fidjUshrient (hall ottlioard soating position L only) I please ;i4_�I'W�dwdc qLhpa;Tnl Fiqus -for moii'atifels- Product Changes and features Avallability chainllo. moss or Dower azilorc for u,i mast currant inromiti(in. - 2 . Ford Division AGENDA ITEM NO PAGE Qa) -1 1 e -y l � I I_Lle-CLU0 IIU17 UL eu rii LGr'r LEE I­ rnA "n%;, 1041" iu.}i ,, , .,- ..r " 05lu1t05 2006 SUPER DUTY F -550 STANDARD EQUIPMENT The rnfloAq hems am wend rd on cv all-new 2006MY Su er Duty vehldosi • Aide - Wme back mores -basm front aide w!cofl spprig susponsion I (Continued) - • Door Tdm - color coordinated nulled uu0rat handle A, reflector • WckorBeal • Headtner- mbr eoordinatsd moldod cloth - . Brakes -Parer 4 -wheel drsrl4- wlatat anti- lock (hyd,e- boost) • Hood rates- inside . Engine -6.8L 3 -Valve SO4C EFI Triton`• modular V10 gas Han -. dual elentrkt - j • -Fuoi Link -40 gallon as -wore I �nsa:menl panel -cola Coerdnalad vdgtova box. (4) air registars I Shuck absorbers -Heavy duly wtposhive shutoff, sahtrey, 4 i,gaf light and uplifter s0lches(4) Stabilizer bars -host and rear Ltstrunvanbttion- Ischomeler , speedmixotat, turbo Most(diesbl i. . Stationary alovatee kllc control (SEIC) only)• at fixer minder (diesel only), voltmeker (manual 0,11y)• o8 • SteeMy oampar prosauro, coolant tomperacue, hral gauge, eansrnlaslon • Steaelg -power lempwaWra gaupo( aut oma6c only), indicator lights and message • Traike vMrxT- 7-wim harness w(re.ays, blunt cm a labeled 'center vrith ad lei, trip odometer, angina hour meter and i e Transmisaiun- Ton:Shiftw 5-5peed automalig - warning messages - E)MRIOR • Scuff plates- COW coordinated j Donr handles - blaze SAFEtYIS6CURITY �. • - Air Chat Tw (Regular Cab only) ' ° er 8 front passenger '. • Fwr (SuperCaWCrew Cab only) -- Passenger side sir bug doactivellon owttch (Regular Cant •. (`;nts - solm tinted SupmCab) • Lights -root daarartee • Bch- Mkide*- chase d flashing roaming lights on VP If bcks not • Mho oril - manually telascc ping GaUar Ow mirrors - I' ' buckled. .. • Trallcr Cow hooks - Mont (2) : Chid Tethers - RogWm Cab hart passenger an A mw soaUng • Wlrxkwvs- f1l"ut mortglwrter glass ', positions INTERIOR .'Ss try Bohe- Color Coordinated Wheight pd)us111anl(60,11 • C nvankinw outboard sealing positions only) - - Pravar Pont - auxillalt - - - - C=at hooks- RHILH Color coordinated - - Cuphoktes -dual UP- nourled - - Dom lamp - RHILH door acriveted VP switch operated - -- Wdelay -- Dow lamp wtdual maplighis (front S roar w/Crew Cab) " •- Gab handles- driver S front passenger - -- Inside hood release — Roof rids hanks - front passenger (also mar rear doors on Crow Cab) ' . The fopaMng loalwos ore standard on select 2a08MY Super Duty vehicles: - Atlanta for 1. - I10sunp BG heavy duty(Dassal Engine only). • • 't • . t 1framP 30 heavy dory (Cos anginas only) �Gassoongine- 750CCA,78-AH • I Di erg'm- 750 CCA, 18 -AH, dual • • ' ,j ., Mawaihansferras- Ananualhubs -4x4 • j- •, "- Trailer Tow Package - bailer brake wling kit (rho conlroller), may be deleted with credit I, to Flaot on lffil i " eugr I - Front - shot aegenl al mi=d nod 141C lop carer burr'.• bumper • . �� dem& from Front - Usromed ideal wlgralrad MIC top savor (incl. bumper aztendem d hoot I lnod fendermU[rmgs) j •.. ,. Cab steps - molded black (May be doh t•d wish credit; code 181. In oetedons section of .. order - •.. . Fog Imnps Glass • privacy dntad (rear door and rear Wlrlde* glasu) ... . Grillo I -. Argent palmod e I s Sealed beam halogen .. .. 91.1al bawri jewel etfeU _ - - Lights . underttood sevlce - - .. • . MdROR wally tetoacoplrg trader lax whr.mvel glass 8 hi o y told "' • I ., - !.nmwly talas:oprg traitattom vpowarthoolcd glass, integrated duaranca lights 8_! '. • j ;. -a" " dtw wily told ( std. on XL onyxa`W3 Fower Equlpmant Group) - (uuu��mn� yyyy ��signals hW rgenl slaal 19.5' Forded polished aluminum */Might canter omamenl Win mi; I Flied rear • - Sliding rum - maMral r 141aguhar Cab only. 2- SupwCeb ordy, 3 -Craw Cab arty + = Now for this medal year. 3- dDivision AGENDA ITEM N0. Pq OF ti ST IPMENT tevp*b,k,,rs c�nVoi (FATC)* Audfo a AAIJFM stereo wrelglMi cl3ck 31V 2•sperikers I-Reg ulir Cob only, 2-St"v New IN, INS mcd.1 YQX. II -1-Craw Cab only -4- Ford Division AGENDA No- i. Ptcalum cl:lctrom A?hFM fitalec wkjjqjw ceA sinVa CD & 4- speakers Int.91-aValuvarl on Crew Cob rear seat map ip�cOotzr W"Winagrated"Closed container, ally mphok:era on 5uparcab only (2) kawarilssnall t4nd a & fl(lackar Soil anirlmstIgsob h3nf.le. molded upper appliqud. PW & lOwOf map Pxft[s and rwNntor (apWique. armrest & P~ Swilch bezel We dark accent coto') S(Al arnrecilgrab handle. wooKigrain upper appqqjd. upper & kr~ map pockats rcpoctcr �. (Naar vkhyl War Woedinatid carpet & carpeted flow mars ( "rd. MW maul on SupeyCab and ( CrOW Cab) ( i i hzAMM2ULGk" Back Water Win black gauges Win while graphics and m3mago enter%O . twur Orev-,ze•fircird cluster Mlh mom gauges with black matal;k: glapNes and enhalcalf i mc,.saga center vii odornetter, trip oderaluar, angiro now meter and mit.*"90. 5 and lilp compular with olwpecu, JIMEMOD•10-81111piY. aMrA98 fee o,,.w.rrjy, a,tawbp corftunillon and slates. system chcX r,nd language so". ono 0%.eAlh,ed Console. garage door diu,,of & jundass bin f2 3) Manurij door locks & windows pc!!T UAMAPIMpaiver dinner window' mor pocks W,baciilil witcruns WmdnWx wAarackfit MlIchos '"s Way 11.1i'dayhright Elor:3"heornic* ilgh Galas cloth 042CM0 4*4 btrich %Wconfor amnrrisl� cupnolder storage • '. Prarnium!aathcr soolina suifacas* spik bw:h w/contor amr4st, cupluldor & slonage Marnol 1,imbw support - driver & front passe agar ew Cob only) amear d4var & passenger SOM (pourer passenger WIYWIC( a 6 '2111 With Idd-up boxh Pmftm wwfi SOWA surfaces fold -up bunch raw C FfaxRkj- G4I40 bar& aifold•O.at leatum. steel IM16 floor, grocery hocks, dual !ntcgrated -upholcf; wV tray, (2) outboard riarld roalialbis k W E laclank W - :xtruher-wrapped, black with redundant auck; and clivale controls Speed conbratil lavering Wwol Statia" ftylalons Sistakif "at storage trays Socal dery glovo box (acIomadc transmission only) &SVw1rdinated of oAh - single driver W;.Wp strap, single prusenger WJar" I'lsed Color coardmated cloth - single driver w1map strop e, coyetad lighted mirror, single nivasnaerv.4cworod fighted mirror ' pmw%er side ( Passenger air bag maybedeleted with Orti code 6521n WWO-M secgon of ardor) - .(1_8j .(1 2) li OUVW1.0111 SWIM I ft COOMrufled wtheighl a4ustri'mil Nirg, (front outboard WarIT paiRiarvir) I (1,31) 1 Cok (2) I-Reg ulir Cob only, 2-St"v New IN, INS mcd.1 YQX. II -1-Craw Cab only -4- Ford Division AGENDA No- i. 03/29105 2006 SUPER DUTY FS50 , FUNCTIONAL EQUIPMENT �. i i AXLE AVAILABILITY AGENDA ITEM NO. p"jl _OF_gL. Kon- mN�d SN Umlbtl CuE 4R9H >�' EnpiN TrImIPka Ddvednln - 'b �. 4. sAe 4W .30 1[M X4 68L ! aQ-W .V70 An EFI 2 n ' V70 Al Nnn. I Tbr Shill _ S-tl Pblb. — 0 rbWb'SVOkF ' M'v .OL DI POwar S4oKV0� AN &- ' Mtlh. r AGENDA ITEM NO. p"jl _OF_gL. a .y 1In1 Uc CUUO HUN IJI -CI I . Lrr rLCGI. rnn IlV. ,OOIYi1VVl.V Ir VV 05rov05 OPTIONAL EQUIPMENT SOCY STYLE ' -- Regular Chas$]$ ORW 4x2 FS F57 I P.agg"hafa13 DIM 4,A X56 X56 5uparLab Lhcsh OR1l Aa2 Supmeab Cncnsla DRW 4YA I X66 X57 X57 XSr C,M Cab Chassis DRW 4x2 I W35 \N5g aw.a Crow Cab Lhas:s DRW 4xA. - -- ...------ -- .-."%T _. 1YNEFAdASE - -- GD WAx!c EC'- RSppuulr Cab 41 M. Oil) 012) 0(2) 0(21 . Cabo AX660•- SkpgC.7b -- CbSo A.tie 54'- Ra9:rlr Ca 165' O(1).. - oil) _ 0(31 - _ CabWAIM60' -C aw CM i Cet la AX'e 100' -RsGvW COD 176- 169' O',3) 0C) 0(f) CmbAxM64' -C aw Ceb 260' Ol3) O(l)• 0(3) _. C to 06126'- INw G,p 1' Oil Oil) — EA TMOmnO a ATragShf 5•Spd 0ID F OL 3•Yn w SsOOTa C ; 99Y. 9SY144T U a - S O O S C aAl V6 Pava swifok Dleseve -sk Man -OD _ k 59P)447 O _ O O 6SL Va. rSVOkse Oiefagfa ShA 3 -5 dAuto O/D L'SPA45 1S6' Slou1 - 64P L 5 S O •- 5 135' Fo d aliahatl At nlnkm A laWs9,5F BS /VA- nPl• AF $Para 2"ti701100.5F 06W Tra ala- 'Conawns0 (ald.4 bad!dl krea M the rear Tai Tgg 5 O 0 - O A 2 A5 dt" on 9w frant Opt \65W NS eParo) - 225lT9RX1SAF SSW hioxTradbP (4X4)'. ICananardal) (PId.4 rmadon toles an ale mar A 21radlM dma a V" hlenl. Not rowal"d0d far ousr the 190 p O O rood xmc idm;ta:ld rour'ara9u}a/ frontanwear p`Nw W'H. Troclon ' Taslam wabl TSC MaX Trockon Tb6) dIJ O O p 6 -Tm hydruWkj.'mk Spm gro S wneda EMd. ®oiler, Ind. 4m rc Ja�U 6/Z 0 0 Mimi" Duel AAwoo poo. Poor evokebl diesel engina: total of 260anp4,) 63T O . _ - -0 O Exl•a NouW My Ntsmater(140 amps; fog. Panay Stroke$ (1ial$. on7me: 63H p O O NA d63T Oua: Anstraton or 06M Snout Flow PM0 Pag.J Cab Basis - p44MAd SIS:* !aL I O O S ffPvicy:Ass(Ito. 493 Rear Slid IV NUWw) 024 — O O S ? ')dill ibov VlkW -Naiad 413 O - 99 Gnaw MWShip INA WIW W5 "09dW CRDS 6 ZDT WE Crow C.1- 66M. O O O - equplaUldgaralpinw) 65C 65C O O Dua! D DWI"' integrated Tmilor wood Contralat Moro. /sIsAx brakna O any. NA 6(3S1 Troller Tm Pig.; deletas stwdj, ;d Tro", Tow ly. P on '- 320 O O Lariat) - Tronskr C.tYe $kd Plelae •4A4•' .. ...: ' A13 O l2, 3) O i2, 3) . C (2. 31 Trasn:;alu6Paw« TWA84Y ArWIYIon (Avejl. dauro. toanam'aabn; SUL O 0 rh4nan. bat-ilAo son; 6ffi enOne'Nmenual Venomiesin nay rowm 62R O 4dleuM aide m ng 13 lit aAS:madiel PTO uc a -ac,. ke a uq.:wro. Ironamataionj 572 0 .S _ Lalkt arihl • Maralsl Au Autllle badmac lM, 587 c _ S Pamual Ck"rem, AWFM Sc mmmgb ml 595 O p 0 Pmmium4kctanc AWFM Sto eNSinglu LO/Clock 3 — O O Promklmdbctronk AWFM 6IiracAn-Dash 6- dac CYlock -- T- F�Cyy�L� NBIS- jd -W9whf INAW166 Carpel Casale) .105 ` -- O O V-1-o seats W" I — p D E Poteof S ,'r BMW G010tTpt Slserr. lei UN 0 A,W Ld SndlItryy rcaq F SOO — U 6 CaIwIrN ^;a Peakega Ewa Hc,-W Sonia, Suspenson Puaa96 p p 0 Has" Sranoj Sunpenshn Dockage $7, 0 00 O Low Oo1ut!cn Pod�sap, Paynpd Upgrpda Fuaapa R6gJ3r Gaa r65` a 2pl' Wd pny) 0 p Snow PMW map package 66M 9:T 0 O 0 O Tn ilorSt oParaapa lt,M, Taw Package, 0%,4526 TrWbr&Sto Cevrol,r) 53x1 00 U S 0 Trailer Tow Puckag, • non apacay I F I 0 0 06rar O! . .XL 2 O Amblanca Feap Pack, NPIIIrJNW 166 Cmpl dole l'JA w1ti5 A1- Weelnarflom MON) 41 k1 O O O engha Block )WIAW (std. In W. CO, IA, ME MN, MT, NO. SD, Wt. WY) ' Radb DtY:W 53Y C 7-RaglaarliR06mY[-wpan;ao wry, a.uew s.aa a^'7 _. _ - .. _- _ � —•.__. _._ -,. ... -- J, e Now for this model yaw. .. . • g • Fortl OiJision (AGENDA ITEM PAGE..LL_.OF _ r*, °- _y Ir-� 7 S rom tnvscm � AGENDP EM NO.- Of J. a ti 03129105 2006 SUPER DUTY- F-550 COLOR & TRIM AVAILABILITY rlor arld Seat cover Tan XL __T1W_VIry, F­W1_1H0_ra�_-MfhRedrTre _�N _XL_r-r_MTW1_ Ve with HD Clo!lmnyl M3.46 Full Bench Rolls laid. on XL Crow Cab' KH KE HD Cloth Full.3anch with Rados' CH CE HD VI suckot (no center consols) JH X DC ryl Weave Socket [rc center console), H Clz hAfiI. HH HE HO Cloth Bucket (no cont" console)' GH GE vinyl 40120f40 Split Bancb TH TV • Cloth 40120140 Split Bwa;h (R991ALlup Fleet 3H 3E Clolh ;W0140 Sold Bench (Crew I,= IH IE XL (Ropuar Cab/crovir cfo*) LtxuryCaptain's Chairs with Comaka ?H 212 Cab) Cloth 40f20140 SPIlt GenCh 3H 3E XLIF Cloth Lm Captain's Chaim with Console (gjpe,Cab) SH 6E Clod, 4012WE Split Bench 04 PE LARIAT cas Luxury Captain's Chaim with Console (SuperCab) Leather IS"Ing Surfat TH 7E Leather Secting Suritaose 4012(y40 SPIR Bench 9H 9F IAT ra; Luxury Captain's Chaim with Console (Crow Cab) Laillhor Seating Surfac 4 1 H JIF Leather SeALAq Surfaces 40120140 Solit Baneh 8H CE 1bulty f0_fE_ 0 OR CODE I Armin Beige GIOW0081 Metallic AQ Do* Shadow Gray Cleo /Coal Wlaft ex Pad Clealcoot F1 Oak Green Satin Clewcoet Metallic law Dark Tcteodor Red Clearcoat im Medium Wodg0mod Blue Cleafwdk4Malllc LO True Blue Clearcook Wallis Ll Dark Stone NBn;"W.tzIl;c 77 Black Clearcoat LIO Oxford White Cloarcoat Z11 &Nw Cluer-coat Metallic Z3 Arizona Beige Cloorceal Metallic AC Dark Shadow Gray Claarco2k Metallic ex Red Clearcoat FY 01,114 Green SNUM C4$8r=t 1,101alliC FW Dark Tarandor Rod Clearcoat JM Title Blue Clearcoat N*WOc L2 KledOn Wmdewood Plurp Ck'arboal Metallic LO caji(sio-aa conceal Metallic 77 Stock Cloorcoot U0 01400 While Clearest zi Silver Clowsoat Metallic Z3 Vinjrl raw bench on XL SupOrCab * = New for ins mope year .7- Ford Division AGENDA ITEM NO-- L pArA 1W OF Q.0) WE .p 11111 VL LVVJ llVll V:'LV 1.1 Y —a I YYLI �,Y♦ .IV, vv. ,..vv.v - • .. ADVANCED SECURITY GROUP (ti 4vallab/hy: • Opdonet on XLT SLUUard on LXad Inchides: Aulolock AutoW::p • I!luminaled entry • Panickwura Rsmuhs iuhloss entry • Twc. key lobs • Wirtil keyti (driver side) AMSULANCP PREP PACKAGE (4TA) Usage • Irdomplela vmic'g padwge— requ4ea (ws4: manueduro and codreacon by a ens Stage marwfactarer. Ford wis.n are suitable for producing ambulan:%ony I equypad with Bg Fwd Amb.A•nw Prop Package, In .esker, Ford fillies ambulance maxth ckner3 to knew tine rncdnmendnliww d the Pont Irdempera Vahide Markral and the Fwd Truck BOGY 9WW'S Layout Book (and paNneei supplements). - - • Using a Ford wok:ia W111=1 the Ford AmbtdWW Prep Ppckete :o phaduea an antbulr.nFS wids me Ford warr4n4y. wubiar. • Rrqubes s l Pcuo. Stoke" dki hn9vw (99P) • Kcl Avakob,e wlih Soav Pow Prep Package (0,6M), Tri tar TM package (531) Wgn Capacity Trader Tow Package: 1515), HORN scnvico Suspension PscNage (074) or Passemglu Air Bag Delete- • Deletes seraLard TWO, Your Package Wblm onlwed on Lwwt trim Wval. MNuobs: • Cual akdrnglors (total of 260 -amps) • N( cardlioning NOTE. Sragedley ElevaOsd tells Control (SEIC) has been lnfegril Into she wits" con nnodulo. CONVENIENCE PACKAGE (900) Avelbddgfr . Opeon:l on )(L oily . .Mlar(w: Air crvulitbnng (672) • SpeedcoalnaNtsleaing wheal (52h) . PmmM eech"o AhVFM SW&dSingte CO/Cloof (605) LOW DEFLECTION PACKAGE (Bits) (doge: • Rero unfarded rar raar-biall foadirg. such as w'redlerrefUlavAt sppgadians AWallablifflyt . Not avail ids on 141' W!mOBaasas )MCAxfk$; • 2inchspaoorclocks PAYLOAD UPGRADE PACKAGE (66U) AvaltalnW. • Opfioful an Regular Cab 165' and 201' Whael basis any • Otd;Wol on 4x4 shin 02 I MIwot • Ix•wur GVWR from 17,950 Os. b 19000 ids • l/pgnh NOT p Ord E 1: Sw QiWr Child, SuppNlnenml Fb.Yarsnw for wrens/ detags on GVWR. POWER EQUIPMENT GROUP (603) Av :ilabiliy: • S.,oidalon XLFlaetany • iusndaM en %LT and L::dut 7nts.•rhi • Iwxs:Ary daisy Paws! ticks • Power Ilan[ IWO WMCIO)" • Power mar awe W(ndc"(Crovr Cab) • Orlo -touch dowel Window (delvar akdo) • ManuaeytoleseOpklg baiter tow mirrors wun poveachersted glass. KW.kd d.elwwe lights and ken s'gnae vear F -550 ,/EMISSIONS SNOWPLOW PREP PACKAGE 185M) - - Awllsbdiry: • Not avallab'e wi:n Hea.Y SOMce Su3narroUn Prkage i6141. Cora Heavy S.mica Suspension (67N), a Anbdlence Prop Paekago (47A) IndudOl: - . pro•sa:oclod sp1mJ! (Sea Order GUke- Supplo�lu K010renCO For sper,jWTGAWR Of spoclliC vehicle configwalims) • tABamP akemarorvth Pavd: SWOkaA dleaaiongire • Unlqua fan dutch with Power Slrokas, CleSol wglno NOTE 1; Restrictions apply; see Sipple —fin Reference or Body 6ulWers Layout [leak for da(alls, +' NOTE 2: Also allows for the attachment cif a which sUSPPNSION PACKAGE, EXTRA HEAVY SERVICE (671A) Usapa: ' • Rsmmrte�odoMyoil �.`,r�e lWavy fit pennanomyudnze other apkar •GU "mmdM SUM as heavy duly wthefee, eltod 9umds * other apParatnu whldf loads the front ax'c to the spvCgad 0rass axle wwaegglit rating .(GAWt�. Avahabigy: • Not available wt I Nnouhnce Pnnp Pucl,age (41A), Snow Plow Prep Package i86NJ. or )IAary Servkw Su* male PoeWga (074) lnOhtdes: EXVJ heavy a.rvice from 5p(lv)s (Pre- xaldtlad. 3ea Order (3ulda Suppefncntal Relerarcafm vpri>ilslFGAWR of spdClIc vehkle ' canrguratforu.) . NOTE 1: Maynsuh In dowdarallon of dde quality. NOTE 2 Whke dde height ANN Inch"" whh Ole •ddlt /nn of this Package SUSPENSION PACKAGE, HEAVY SERVICE (674) Usage: RecolnmeNlad only on VoNclaa of iidl Will pefmrnvnUy NJfze ' agamadest eGulpmeM �U as hosvy tlUly wlnchse, hrtnll guardv or a'her apparaiUl Which /cads Iho toM as/e ro o:e spaclhaJ gfoSE a>aa weight rating (CAWR} Avedabblir' • Wlavalaeib win': a^.adanrA Prep Package (4TAI Slaw Play Prep Puckago(86M), or Eska 140avy SOmm Suspension P06651e(u7H) Includes; • Fiara Heavy 6erAm fiON 51)nngs (Pro- IOWOd. Sae 0ndor GuMa s,ppiomonlal Raferenca for springul'GAWR of sporA:c •A-Nda conrguraiions.) NOME 1: Mayreauh M dolar chwill n of ride que(rly., NOTET yMke rich hNght win Increase Wtb hie addl0ort of twz pnekage - - TOWCOMMANO SYSTEM III AvaSa6hiryl . Oplanal on At F-5550 Chassis Cabs _ - Requlms eM TugShlg"e aubrnwic uaKmnsta? • Notawl)*alevdlh Tr4itw TOw PStkag6(S31) • Deletes EtaMnn) Trager TM Peckege Oh Lariat 'Includes: _ .. .. _ • TaWCammmltl bHegraed Tmller6..'NU Conuallar (.520' -, - • Mamml/yTa'escopng Trager TOwh aw,(vando'd) • - Tr6Wf WNing –7'wn narrsws wlrC4rys, [kr.M ml enJ laiw144 (vmcArd) NOTE.. IhtA9fehfl Twg•rBnka Cantrell- (620) is rManded for use only whh lrallems having skoble lil AftormaM.( brake ...follows are roquhed (bruso with trshara having cecrrk•'owu- hydraWie traMr bake.. - B- AGENDA ITEM 1`10• 0 F PAGE�L ,05101J05 2006 SUPER DUTY F-650 PACKAGED OPTIONS /EMISSIONS TRAILER TOW PACKAGE (531) • Op'j" W XL taco XLI - • SMdardo.11-wimi • Not mkdo wilh Arnbular Prep PaCkago (47A) or TcvC=ni,j%d INsgrMad Trallar BnWA Comtrolle, (526) Stroulard7rahor Tom, Packuriff Is dowled fm Lariat Ahn cadereld VAh Mbur-n0dr Prep If2ekago 147AI or Tov,0oarnnand Intlegraded Truilm Waluf ControPer ln,chdos; • Alto • T,aVvh(pk@ixmtol&rrxAiac'WJud NOTE. Sahspomna SO." Book wFoldRY Trailer Tatulng Guide snould be conaullidlerspoeft fraftr towing weirseper Meru an cmiesponalft required &qWpnW4 sale red" aad000dul aniMbility. See supploonent•l swomoor. for Vehicle milght comrbiwation• TRAILER TOW PACKAGE. NIGH CAPACITY (535) Avedabliftio; ANIL403 6.OL fromer Stmko'• efiasol engine and 4.9a Llrn red Stio few axle (XaL) • A'tornafitei Mailer braikawdup WI: (fret ordered if ordarad we. 528 7.C.m"nd lntoWo!od Troller arsks Cw&oIW) • ircroofx:3 GCWR wdisect knfilre with menver stansrOssim from 2G 000 tIm to 26,000 be. • Ircruams GCWR on dusuf ungint with "a Vansmlaslm It" 26 000 l , to 33,000 be. its • Uporad.d rear e.1, • Trakf 0riko C;wt,01a, not Included NOTE: Salrepevzonlit Source Allock of Ford RV TmOur Towing 600, tar curre.pondrop mquoed equ4mmang, afluailus add "del AvollablJOY. )(L DECOR CROUP (17F) Avadablilly. • Qptorraiolm only Includes: • Chrome front Wroper • OW t.nm jewel olved havidamp • Jdu,roodonqlnoconm"*-,lr#A MISCELLANEOUS OPTIONS I I . . I Pfe,d,FArYWIV . ........... .... . .. ... ........... .... . .... .............. ...... . t. 341 pre-dulvo•y yourderccat' 382 COVrequired .................. .... . ....... . ...... . ....... . . ........ ...... ?IV Fr,=d VORA---. ........ --- ...... .. :.: ..... .. ........ . ...... ........ ... . Cog SPECIALORDERS PLMFONEY. Sas Doa'mt Spaclai C)rdcr0Ir.dw for ordefing grildClft'S ale fastrivibm$1 50 STATE EMISSIONS SYSTEM r0 m A4 Nl; Ne ............... 1: ................ 425 P AYLiDAD PACKAGE SELECTOR CHART • Refer to supp!montal Reference Section for Psyload Information. For mh4bb Cuttonga doolots orly. Dealer must have a Pffl•OXIMIng mnuW vith a pro-defivery swj;m et(hp3Q)` In order to take advamlagc. of dlI2 oppoll. New for (ms modal year, .9- Fmd Oivis•an AGENDA ITEM NO. —4 PAIGE -2 2, OF wl is ( 0:3124105 2006 SUPER DUTY F -550 POWERTRAINIDIMENSIONS ENGINE HORSEPOWER AND TORQUE RATINGS DIMENSIONS NOMINAL 50 STATES HORSEPOWER TORQUE _ - COMPRESSION RATIO ENGINE OISPL. TRANSM I H.P. RPM FT. LB. 0 RPM 6.61. EFI V1 D 6.0L 01 Power 6 -Spd Man. OIO NO �TorgSlMh 6-Spd Avtc. - 6-Spd Man. OID NO 9.0:7 _ 9.0:1 18.0:1 - 362 @ 4750 .. 362.Q 4750 326 ® 3300 457 (9 3250 457 @ 3250 - 570 @ 2000 - Stroka& V8 _ - - . - SS .M. Tor 3twg Q N - 18.0:1 325 Q 3300. 570 a 2000 DIMENSIONS AgENDA ITEM N0. PPGE,I OF Overall Length Overall Width Overall "eight 4x2/4e4 REGULAR CAH. 141'(nches) 2<5.6 - ( 93.6 - i 81.74)L7 165' (inches) - - 249.61 .93.0' ! 81.4181.2 189' (inches) { . 213.6 93.3 81.4181.1 200' (inches) _ M 285.6 93.6 61.1/80.7 SUPERCAB - - 162' (inches) i - - 246.6 93.8 81..5161.3 CREWCAB. _ 176' (inches) - 26' A 93.6 i 81.4!61.3 200' mchos 265.0 - 93.6 61.4181.3 AgENDA ITEM N0. PPGE,I OF _ t _ MW T i l ea 9 (� f Hj r n n 1. 2. 3. 4. S. 6. 7. 8. Specifications for Perris City Squad Chassis Box Stripping Emergency Lighting Diamond Plate Specialty parts Window tint $45,265.16 $14.969.89 $2,132.00 $7,100.00 - $538.00 $898.00 $99.00 Total: $63,902.05 Brackets, Dry Deck (Turtle Deck) and Mud Flaps $3,000.00 Grand Total: $66,902.05 s .y Vendors Chassis Power Ford 3311 Pacific Coast Hwy Torrance, Ca 90505 (310) 784 -4790 Contact: Bill Smith (FC Ron Smith's brother) Box C -Tec 12351 Bellflower 81 Downey, Ca 90242 (562) 803 -4466 Contact: Richard Rubio Stripping KME Fire Equipment 5400 3urupa Rd Ontario, Ca 91761 (909) 937 -3326 Contact: 3eff Charles Emergency Rivcomm Lighting 1330 Dodson Way Riverside, Ca 92507 (909) 328 -0211 Contact: Renee Specialty Rancho Muffler Parts 27499 Commerce Center Dr Temecula, Ca 92590 (951) 676 -4043 Contact: Sales person AGENOA ITEM N0. PAIGE.o--OF �..s� Specifications Chassis: -2004 Ford 550 XLT 4X4 Crew Cab 176" wheelbase Ford Red with Gray Interior 6 speed Automatic. Transmission Ambulance.package (2"d alternator) Alcoa rims with All Season tread Carpet delete (No carpet) Box: 10454- SHVCT -92 CTEC Body painted & mounted See attached spec sheet for box Stripping: 4" 3 -D NFPA °S" strip All other. stripping, decals and lettering approved by Chief Harris and Unit Chief. (See pictures). Emergency. Lighting Vista light bar with LED /Rotator combo Police "takedown" light bar for off -road All emergency lights are LED for low voltage Refer to pictures for locations. Behind the billet grill are,two LED warning lights Specialty Parts Billet grill Outlaw front push bar (for siren speakers) r Stainless steel nerf bars pj�ENDA {f NO. PAGE _OF Chassis: We added a Billet grill, Stainless steel nerf bars, Qd Chrome exhaust tip and Outlaw push bar (for the siren speakers). Be sure to get the vinyl floor and not the carpet flooring. Red chassis with charcoal gray interior. Most of the other features like automatic windows and such are included in the XLT package. Box: The CTEC box is normally 95" wide. I had ours narrowed to 92" to allow for better side mirroring. The box is cab high enabling the light bar and arrow stick to be seen. Remember that with the 176" wheelbase that your box will have to be 60" from cab to axle. Double -check this measurement before ordering your box. Both front J compartments were reinforced in the floor to handle a blower or other heavy.items. All clearance, brake and backup lights are LED. All compartments have strip lighting and turtle deck tiles. Upgraded to "D" handle door openers on all doors. The back compartment was fully rhino lined. A 9 inch sub floor was installed for the stokes and seven foot pull out (� tray for long tools. Adjustable shelving in most of the compartments. Rear step is a full, straight, chrome bumper with a 10,0001b hitch for towing or as we use for an anchor. CTEC builds their boxes with the wheel wells in an expanded "U" shape. We had the wheel wells rounded (to match the natural rounded shape of the tire) and had chrome molding added to them. CTEC is aware of what product to use if this is an option for you. Stripping: KME did the stripping, lettering, numbering, seven foot slide out tray and the 18" Modcom Center Console. The stripping and lettering is a 4" white reflective ribbon strip with the NFPA "S". The Modcom center console has plates for all the radios and unitrols. We have an electric growler on squad 1 which takes up a 4" plate. They do make a 4" plate that is a two -cup holder as you will not be able to use the r AGENDA FTEM NO. PACE I _oF cup holders that come in the chassis. A map box can also be ordered for the back of the center console through Modcom. Emergency Lighting: Rivcomm in Riverside did our lighting package and radio - install. All the warning lights were done with LED lights with the exception of the light bar which is half LED and half rotating lights. Rlvcomm has the exact make and model of the LED's as I have asked several times for a copy of the installation package but have never received it. The squad is pre - rigged for cell phone, GPS and a computer module for the future. We purchased an Outlaw Grill guard in which the three siren speakers were mounted on. This enables the sirens to be completely outside the a squad. One item that you need to watch fords that the when the back doors of the box open, you have the flush mounted warning lights so they do not get hit. The light bar also has a Tomar interrupter for-changing the traffic signals. There were two LED front warning lights that were installed behind the billet grill. Specialty Parts: Rancho Muffler in Temecula sold us the Outlaw push bar, Billet grill and Nerf tsars. The nerf bars are made of stainless steel thus enhancing the overall look as well as providing`a step to enter the cab. 7_. 1. The two pull out trays that I put in the driver's side rear, is not feasible. My idea was for this compartment to be the extrication AGENDA ITEM ryu PAGEOF Qa/ Good ideas 1. Reinforcing the two floors of the two front compartments allowing heavy equipment to be set on. 2. The Modcom center console is nice, clean console allowing you to design your own layout. 3. The nine inch false floor in the back allows you to store a stokes basket, backboards and long tools. We had a slide tray installed for ' the tools i.e.: pike pole, rubbish hook, McCleod and other 6" foot or shorter tools. . 4. Rhino lining the back of the box makes it nice for equipment in the back. S. Strip lighting in all the compartments is necessary. 6. The 4" NFPA "S" strip matches the stripping of the new Smeal engines. 7. Going all LED lights, both warning lights and clearance lights, really lower the amperage for the batteries.. - 8. Having the siren speakers mounted outside the squad makes the noise level inside the. cab low. 9. Pre wiring for a computer, cell phone and GPS make it easier for install since Rivcomm has to completely take apart the roof lining. 7_. 1. The two pull out trays that I put in the driver's side rear, is not feasible. My idea was for this compartment to be the extrication AGENDA ITEM ryu PAGEOF Qa/ ' compartment. I would reinforce the floor, like in the two front compartments,' then put in adjustable shelving that would support the equipment..: 2. The pass through;that runs-width wise is non feasible for us. This feature was on the box I looked at from Orange.County Fire. I would not make this,a pass through thus adding length in the back ofahe box. 3.l. : The rear slide tray was built a' little to bulky -for our use. Good idea but i think it could have been built thinner:; - Any other questions or ideas, please contact meat Station 01. My, work days are Sunday to Tuesday. We have found that for the cost we occurred for this squad versus buying a pre-made unit was almost a 30% less. Brad Casady FAE: Station 01 (951) 940 -6970 ZO 'd (..a) uADGM DEALER .7I8 025 IViN 1FOAW57PX4EL21080 F�DrtFM rta .;lo-,..- . .: .MIy T' F558 4X4 CREW CHAS CAB DRW /176 40845; 00~ 35706; 00 2004 MODEL YEAR F1 RED CLEARCOAT _ l 2E MEDIUM FLINT CLOTH INCLUDED ON THIS VEHICLE 280.00 PREMIUM AM /FM CD /CLK 1446.00 41638.00 aTELESCPNG TT MIRR- POWR /HTD ., .AIR CONDITIONING -- CFC-FREE .JEWEL AFFECT HEADLAMPS .4 WHEEL ANTILOCK SRAKE-SYSTEM -. OPTIONAL EQUIPMENT PREFERRED EQUIPMENT PKG.667A XLT TRIM ; REAR STABILIZER -BAR 552 PASSENGER AIRBAG 6.OL HC; NC; 99P 44B V -8 DIESEL TOROSHIFT(TM) 5 -SPO AUTO TRANS 4735-00 385;00 4025.00 328;00 T9B LT225/70RX19.5F BSH TRACTION 190 00 162:00 XK8 4.88 RATIO LIMITED SLIP AXLE :NC JOB #2 BUILD IDENTIFIER 153 FRONT LICENSE PLATE BRACKET :NC NC; 166 • 208 FLOOR MAT IN LIEU'OF CARPET 17500#!. GVWR PACKAGE 50;00- 43;00- 41H ENGINE BLOCK HEATER .: NC NC NC- NC; 413, 425 SKID PLATES 50 STATE EMISSIONS 100; 00 85' 00 47A AMBULANCE PREP PACKAGE .NC 88S 00 NC; 753;00 s 63T DUAL ALTERNATORS 64A ALUMINUM WHEELS 19.511 (4) 1995�C 9NC.QO 2 CLOTH CAPTAIN'S CHAIRS E MEDIUM FLINT 96P AUXILIARY IDLE CONTROL FULL 'NC NC;. - TOTAL VEHICLE'& OPTIONS DESTINATION & DELIVERY 48185-01) 795:00, 41947 00 795;0,0 SCHEDULE A (MEMO) ,00 TOTAL FOR VEHICLE- 48980;00_ 40 U.S. GAL FUEL CHARGE 62:00 PRICED DORA �p BATCH -ID 4A12103801 N RS X PRICE LEVEL 43534OH57 yC VIN: 1FOAW57PX4EC21080 SHIPPING WEIGHT 750I LBS. ; ZO 'd (..a) 1446.00 221.00 6241.00 .00 1225.00 35501.00 SOLD TO Power Ford Torrance 718025 3311 Pacific Coast Hwy Torrance CA 90505 1 CA R027 SHIP TO OF OTHER iNAN A60"EI . _ __ 71025 Power Ford Torrance swlPTwxoucH Torrance AGENDA 8 Pacific Coast Hwy. NDA ITEM NO. Torrance CA ��/��/�� Q3 / ^/ !NyYYQ (a.T I[][NTIFUII(R' NU I FNM Ar,rFSNJ.` CdNi IFWµ(j ('! -Al a \" Anc^; {' : nYi p ^—�1. / OF I1= ,OAW57PX4EC21080. KIP Lt. IRK. Ford Credit OQD001 t 6 'ON Xdd Rd 010 3f1L VOOZ— dO —AON (MS INV(MCf MI NOT g-1.17 rY a," l 11 1. 1HF 1.11 M NEW Cf 1� Fp[.$1[Y(�h e • ..�JP. FS ia���;•n_ . ,;- .YON(S5, �I;ChA�TS AW WQ OW AWAC FC[ Fffb 111111 E. keg - F�DrtFM INVOICE A & D PLAN TOTAL X PLAN 280.00 43084.00 1446.00 41638.00 1446.00 221.00 6241.00 .00 1225.00 35501.00 SOLD TO Power Ford Torrance 718025 3311 Pacific Coast Hwy Torrance CA 90505 1 CA R027 SHIP TO OF OTHER iNAN A60"EI . _ __ 71025 Power Ford Torrance swlPTwxoucH Torrance AGENDA 8 Pacific Coast Hwy. NDA ITEM NO. Torrance CA ��/��/�� Q3 / ^/ !NyYYQ (a.T I[][NTIFUII(R' NU I FNM Ar,rFSNJ.` CdNi IFWµ(j ('! -Al a \" Anc^; {' : nYi p ^—�1. / OF I1= ,OAW57PX4EC21080. KIP Lt. IRK. Ford Credit OQD001 t 6 'ON Xdd Rd 010 3f1L VOOZ— dO —AON t TRUCK ACCESSORIES, hrc., 7, 404 I 1, 1J1 f4A2089.74t fv,. v^--side CF.vi,,ntv Ft rr� L•cr-,ar't �-.Ilvei-sids CoLinty Fire Depi r'� 1 on 4cino ' : T 4Si �V,West San -acnta- mature X Date M - L' FN N S 4A MM. I MON040-1=0 Ord Siiip 8/0 Part iNktfrlber- I-)& cl- r'� 1 on C at r, 1" 71 mature X Date r 4A 21 S/8 3 3 10C; BUAFT); "19-01 97 "o, 2 r, I - T P LA ti f I 3 etums must be accompanied by original invoice within 30 days. Special orders, electrical parts and tools are ran - returnable. 100% deposit required on special orders. No warranty on e train parts with fires over 31" tall. Drive train component warranty pending evaluation by original manufacture. 15% restocking ge on all returns, unless other arrangements am made at time of purchase. Thank Youl 14 e f-cha 11 j i Z Ranch Muffler & Truck Accessories, Inc. says it is the owners responsibility to check the lightness of their wheels after -kr 25 miles, and thereafter until lug nuts hold their torque. h Muffler & Truck Accessories, Inc: will honor the manufacturers warranties. After 90 days a tabor charge will apply. — Customer has (72 hours) three working days from the date of completion to pick Lip all Suspension, wheels & fires which were removed from their vehicle during installation. We will dispose of aff parts in any manner we see fit after 72 hours. w -eby authorize the repair work to be done along with the necessary materials. You and your employees may operate el-Wollit, Mm 'NO wposes of test. Inspection, or delivery at my own risk. An express mechanic!s Den is acknowledged on the vehicle to wCum arrount of repairs. Ranch Muffler & Truck Accesusones, Inc. is not responsible for low or damage to articles Wit in vehicle. OF mature X Date r CUSTOMER COPY California Truck Equipment Company - -__ DATE DATE SHIPPED - 12351 Bel8lower Boulevard " Downeg CA 90242 - ' C/ p_! „ 03/15/04 . 03/13/04 15621 803 -4466 • FAX: 15621803 -8795 INVOICE # WORK 22939 8808 's s PERRIS CITY FIRE DEPT. r BRAD CASADY D 101 N. "D" ST. P (909) 940 -6970 T PERRIS, CA 92570 T 0 SAME AS'SOLD TO' UNLESS OTHERWISE NOTED (909) 940 -6910 CUST. ORDER No. TERMS - SHIP WA BUYER'S NAME - CUSTOMERS PHONE NO. 2455 NET30 CPU BERNIE (909) 943 -4610 EXT.254 ALL PAST DUE INVOICE ARE SUBJECT TO 1.5% INTEREST CHARGE SALESMAN TERR RR �A B C D E F 1 10454 - SHVCT -92 CTEC BODY PAINTED & MOUNTED CURBSIDE HORIZ. COMPT. TO BE TWO EQUAL COMPT'S. AND BOTH COMPT'S. TO HAVE DOUBLE DOORS FRONT COMPT. WITH H.D. ADJ. SHELF, REAR COMPT. EMPTY 1 POP -UP ROLLER TOP WITH BARN DOORS . 2 CPI GRABBER DOOR STAY ON BARN DOORS 1 ALL DOORS WITH HANSEN STAINLESS STEEL 3 -POINT LARGE "D" RING HANDLES 1 FALSE FLOOR IN BED AREA W/ 9" I.D. DIMENSIONS BETWEEN FLOORS AQENDAITEM SUB TOTAL SALES TAX l BED CREDIT F _' DEPOSIT 13,489.00 'I I: California Truck Equipment Company PM _ 12351 BelHlower Boulevard. • Downey, CA 90242 (56218034466 • FAX: (562) 803 -8795 DATE _ DATE SHIPPED 03/15/04 03/13/04, INVOICE # WORK ORDER 22939 - . 8808 s s OH L PERRIS CITY FIRE DEPT..' I BRAD CASADY D 101 N. *D" ST. P (909) 940 -6970 T PERRIS, CA 92570 T 0 '" - SAME AS 'SOLD TO' UNLESS OTHERWISE NOTED (909) 940 -6910 CUST.ORDER Na ,. TERMS SHN'YIA. BUYER'S NAME- ' ..: CUSTOMER'S PHONE ND. - 2455 NET -30- CPU BERNIE 909 943 -4610 EXT.254 ALL PAST DUE INVOICE ARE SUBJECTTO'1:5 %INTEREST CHARGE - SALESMAN TERM RR �L ITEM£ t e a ae IV H 1 TS ANC\ /FRCP /`rIAAPT IN FRrIAIT CQhJI22: F111 1 WCir -WT V IW XUQE ;\ I 1 SPRAY -ON -LINER IN BED AREA FLOOR, BULKHEAD &INSIDE OF REAR DOORS (COLOR DARK GREY) ( 2 RADIUS WHEEL CUT -OUT WITH CHROME FENDERS j K 2 LIGHT BRACKETS FOR CUST, SUPPLIED LIGHTS MOUNTED UNDERSIDE OF POP -UP ROLLER TOP L 1 RECI EVER HITCH, CLASS IV 10,000# CAR M 1 REAR BUMPER, 10" STEP, STRAIGHT 'W/ ALUMINUM TREAD BRITE KICK AND STEP AND CHROME CHANNEL N 1 DOOR PROPS DOUBLE SPRING ON ALL VERT. DOORS Q 1 SHELF IN CURBSIDE LOWER REAR COMPT. (ADJ.) c P 1 SET OF MUD FLAPS Q 1 LED LEGAL LIGHTS, INCL. BACKUP LIGHTS & CLAERANCE LIGHTS TWO. EXTRA CLEARANCE AT REAR TOP SIDE CORNERS R 2 ALUMINUM TREAD BRITE, FULL HEIGHT GRAVEL GUARDS PG. 2 OF 3 ; SUB TOTAL _ TAX - .. - SALES BED CREDIT- . AGENDA ITEM NO. DEPOSIT PM�OF #L4NCE.,- - — flj9E California Truck Equipment Company AWN DATE DATE SN PPED . 12351' Bel8lower Boulevard • Downey, CA 90242 03/15/04 03!13/04 -' (562) 8034466 • FAX: (5621803 -8795 - ' INVOICE # ` wORK ORD 8808 ; S S PERRIS CITY FIRE DEPT.. H BRAD CASADY, D 101 N.•D" ST. P (909) 940 -6970 T PERRIS, CA 92570 1 T - -� SAME AS'SOLD TO' UNLESS OTHERWISE NOTED _ (909) 940 -6910 OUST. ORDER No. TERMS SHIP WA EWER'S NAME CUSTOMERS PHONE NO 2455 NET -30 CPU BERNIE (909) 943 -4610 EXT.254 ALL PAST DUE INVOICE ARE SUBJECT TO 1 -.5% INTEREST CHARGE SALESMAN ._ _ TERR. RR ITEM OT1� D.ECRJPTID$ir ; s_ :4` # °FRIEE? }{(TENSION »S 1 COLOR RED -y T SHELVING AS FOLLOWS: S/S REAR COMPT. 3- ADJ. SHELVES S/S HORIZ. COMPT. 1- ADJ. SHELF ' 1 STRIP LIGHTING IN ALL SIDE COMPT'S. WITH SWITCH IN EACH COMPT. AND MASTER SWITCH IN CAB: V N/C W REINF. FLOOR IN C/S FRONT COMPT. N/C X CUT -DOWN MOD IN STREETSIDE REAR COMPT. MUST HAVE 19 FROM 100.00 OUTSIDE EDGE OF BODY TO WALL OF MOD. - Y EXCHANGE CTEC STD CHROME FENDERS WITH KME_FENDERETTES. 30D.00 Z -rc , ggl4 A.4;, ,TCU 14 _ (60.00) I VIN.# 1FDAW57PX4EC21080 PG. 3 OF 3 SUB TOTAL 13,829.00 SALES TAX 1,140.8° BED CREDIT 0.00 AGENDA ITEM NO. DEPOSIT 0.00 OF ,969.89 P 14 '_pU� TRUCKS WITH 56" - 60" CA (DIMENSION CHANGE SLIGH 56" CA TRUCKS) - - ` CLOSED TOP VERTICAL SERIE MODEL S MODEL HORIZO TAL SERI I MODEL *108402049 TRUCKS WITH 56 60" CA (DIMENSION CHANGE SLIGHTLY FOR 56° CA TRUCKSI CLOSED TOP OPEN TOP VERTICAL•SERIES MODEL'. S MODEL F t NORIZ TALSE S EX- .• w.o Y - _ 1 BETWEE"W M. roLMETi f I VERTICAL SERIES VERTICAL SERI MODEL #132332049 TRUCKS WITH "'CA - CLOSED TOP , OPEN TOP MODEL S MODEL F �•� ORIZO LSERIES MODEL *132402049 iRU S WITH 84" CA E OPEN TOP S DEL F •� N' N4 3f AGENDA ITEM NO. ' Quotation RME FIRE APPARATUS. ., - . ... Qu ate Number: 5400 S. JORUPA _ 416, ONTARIO, CA 91761 _ - - QuoteDate: Mar 30, 2004 Ps Quoted to: i CITY OF PERRIS - . PERRIS, CA CnshamerID GoodThru Payment Terms Sales Rep. 6209 - 4/29/04 - Net -30- Days DeWription Amount DESCRIPTION OF COMPLANT _ i - =STALL LETTERING AND STRIPPING .PER CUSTOMER SPEC - - -- - INSTALL REAR COMPT TRAY AND. -SLIDE _- -NON- WARRANTY - INSTALLATION PER QUOTE q - i ) LETTERING l PERRIS ) W /4" WHITE REFLECTIVE RIBBON STRIP 1,132.00 EAR SLIDE -OUT TRAY , - - -- 600.00 ONSOLE, 180 MODCON - - - 400.00 i .- Subtotal - 2,132..00 F, SalesTax Toth 2,132_00 AGENDA ITEM N0. PARE_OF ..I([2r l/l/'YA7d F ►`�'' & TRUCK ACCESSORIES, Inc. ` ; •;. _ ` �3' ; "�� _ "" ' .TF'. R, Dist, 0-6941 - large on all returns, unless other arrangements are made at time of purchase. Thank You! IN e. C- - :?_ y� 41 i ro 25 miles, and thereafter until lug nuts hold their torque. � ... �ryA. �Y Y',im 2799 Commerce Center Dr::Temeci0a, C� 92590 OQ ' 2 _ Customer has (72 hours) three working days trim the date of completion to pick up all suspension, wheels &tints which - iff j F'tP208974. & hereby authorize the repair work to be done along with the necessary materials. You and your employees may operate voTLlrA , ` ��' AGENDA ITEM NO. 'ignature X Date RF CUSTOMER COPY t. In.ty i -ire Dep. �M We � . _...-.n Jar _ ir1$n - Lit =r !r. .', � L -. L r i� '4'1 1 r� R4wm. ffii.CfB "• •v.+ ` . i x . .. .. • �L�ty Yp',+.MC,it i f:l 9E { I+' q y mid✓ r${ i c it �.. 4 D r'�7 `hir] 13"0 i w'f ('tr_mtler e7 C" �. u'1 iTl L�� C.' }`i,^_8- Intl ._ 1 _..r{ 4'� *ir '. ,.. c 1. -'l `• ..::r ..� -. { r•� >. a;r.g 6. "D 1 i.i -. I.- •Li 8:'H f,:i.::JG1;.i - 3i_fi�i�' f�i:f1= '!f'Li: '!`- }'1C{1 i,�63..:�.,f.rf. .izl..:.'.' TRY fYtF !T(, ..I([2r II return must be accompanied by original invoice within 30 days Special orders. electrical pads and Mods are non- retumable. 100% depose required on special orders. No warranty on rive train parts with fires over 31" tell. Drive train component warranty pending evaluation by original manufacture: 15% restocking _ large on all returns, unless other arrangements are made at time of purchase. Thank You! IN e. C- - nch Muffler & Truck Accessories, Inc. says a is the owners responsibility to check the fightness d their wheels after ro 25 miles, and thereafter until lug nuts hold their torque. � ... .nch Muffler & Truck Accessories, Inc. will honor the manufacturers warranties. After 90 days a labor charge will apply. 2 _ Customer has (72 hours) three working days trim the date of completion to pick up all suspension, wheels &tints which - were removed from their vehicle during installation. We will dispose of all parts in any manner we see fit after 72 hours. - hereby authorize the repair work to be done along with the necessary materials. You and your employees may operate voTLlrA , ` rt purposes of test, inspection, or delivery at my own risk. An express mechanic's lien is acknowledged on the vehicle to secure is amount of repairs. Ranch Muffler & Truck Accessories, Inc. is not responsible for loss or damage to articles left in vehicle. AGENDA ITEM NO. 'ignature X Date RF CUSTOMER COPY 1( Y .y w NEW MC CONSOLE,LINE If you like the look and features of the MODCON with an extension console, but prefer the look of only one console, we now offer the MC consoles. The only difference is that the MC consoles are one inch taller than the MODCON and extension consoles. This extra depth is good.for mounting deep equipment such as the Motorola Spectra or Kenwood radio, for example. SLOPED BENCH -SEAT TALLEST ADJUSTABLE NEW MODCOK. Modular Consoles NEW MC CON! ideal for SUVs and FLOOR MOUNT ACCESSORIES Holds 14' of face plates. Floor mounts included. Sloped area holds 7' of face plates and straight area holds an additional 7" - - Size / Dimension Shipping Part N0. Weight.. 16 8.875" W x. f r -nnr -i a• 11.75' H x 22.00 lbs.. http:// www. troyproducts .com/products/mcconsole.htm 3/14/2004 AGENDA ITEM NO. OF 11 I'�0 . M r Zell Ov 14, J� lA� file:7/C:\ Documents% 20and% 20Settings \nubO5\Loca1 %20Settings \Temporary%201ntemet.,. 8/1/2003 AGENDA REM N0, PAGE IL OF ' t h t •. a r a ?. dl ®mom ®sum ✓•� � 1. � .. v r.: d« *,�,p a eh "s 1° . `' � .. a ':. '..' ° r: y � s m ." • a " o e X• a ` 4• O r° � • h° f X � " ° Ilk 11 I'�0 . M r Zell Ov 14, J� lA� file:7/C:\ Documents% 20and% 20Settings \nubO5\Loca1 %20Settings \Temporary%201ntemet.,. 8/1/2003 AGENDA REM N0, PAGE IL OF \( q � \) N ti AGENDA ITEM NO. (..6) "! y l �" �: 101, ol n CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM:' ROBERT A. ]BRADY, CITY- MANAGER DATE: AUGUST 23, 2005 SUBJECT: PLANNING DIVISION CONTRACT STAFF PERSONAL. & PROFESSIONAL SERVICE CONTRACTS BACKGROUND .y The City of Lake Elsinore has been utilizing contractpersonnel fo assist in the performance and provision of specialized planning duties in the Community Development Department for over a decade. n DISCUSSION As established in the previous Fiscal Year (FY) 2004 -2005, the contracts for the Planners commence, expire - 'and coincide with the City's budget cycle. The contracts, if approved, wold extend their contracts through FY 2005- 2006 and would come up for renewal in June 2006. Notably, the Contracts are requesting an increase from their previous contract of FY 2004 -2005 (See Proposed and Existing- Contracts Attached). - -Althoug4the increase is more than a "flat" CPI adjustment, `staff confirmed that planning consulting firms in the area generally charge significantly more than the hourly rate requested by the City's contract staff. For example, a Senior Planner contracted byway of "The Planning Center" charge $100.00 to $150.00 an hour depending on the skill level. Likewise, an Associate Planner contracted by the same means charge $80.00 to $100.00 an hour. In contrast, the highest hourly rate requested by our most skilled contract planner is $65.00 an hour. The following contract staff members are included: " Carole Donahoe, Planning Consultant Kirt Coury, Planning Consultant Linda Miller, Planning Consultant AGENDA ITEM N0. P:\CC-Staff Report Contract Planners FY 2005 =06Aoc 2 -0 - - .. PAGE '% ,, OF , . REPORT TO CITY COUNCIL AUGUST 23,.2005 Page 2 of 2 FISCAL IMPACT The proposed planning contracts will generate minimal fiscal impact to the City in that, in order to provide effective and efficient - customer service to, the public, both Kirt Coury and Linda Miller are generally 80 %billable and 20% non - billable. In contrast, Carole Donohoe is 100% billable through the City's Cost Recovery System (CRS). RECOMMENDATION It is recommended that the City Council authorize the City Manager to prepare and enter into contract with the above contract staff-to provide specialized planning services on an annual,basis:. , ATTACHMENTS - 1. FY 2004 -2005 Current Contracts r 1 2. FY 2005 -2006 Proposed Contracts �.✓ PREPARED BY: .Rolfe Preisendanz; Planning Manager- APPROVED FOR AGENDA BY:• CITY MANAGER'S OFFICE' !� AGENDA ITEM NO.—CV PACC Staff Report•Contract Planners FY 2005- 06.doc. PAGE ' ` OF Z O- CITY OF LAKE ELSINORE PERSONAL SERVICES CONTRACT + x++ x+ xxxxx++, e: rx�i> f+ xxx++; rxx+++ x++ xxxx+++ xxxxpp++ ��+ ��"�xx+ xx+ x++++ xx++ xxx++ x+ x+ xx++ +xx + + + +x + + + + + + + + + + + +x + + + + +xx + ++ (( ^:HIS AGREEMENT made and entered into on &A( 05� (Is" ; 20 6�/ . by the City of Lake, a municipal corporation, party of the first part, hereinafter referred to as CITY, and CONTRACTOR Linda M. Miller S.S/E.I.N.NO.�(0'7j - �y&V —b MAILING ADDRESS 3) GJ¢ GNECf,� —KJ CITY, STATE, ZIP Gl� • q a c>6 } PHONE NUMBER ( 501) 011 I a 3 -7 party of the second part, hereinafter referred to as CONTRACTOR. FOR USE BY THE ADMINISTRATIVE SERVICES DEPT Vendor # Purchase Order #_ - Community Development Department, Planning Division Document Preparers p(a�ing'Manager Date Ext. o Telephone # 67u 31Zrf t(e17S CONTRACT PERIOD: From: August 10, 2004 — TO: June 30, 2005: WITNESSETH: That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR if all covenants and agreements, the CITY agrees to pay CONTRACTOR the following; p A rate rate of$p%O� hour. Based on providing up to 24 hours per week. Additional hours may be available and necessary to'carry -out project loads and contingent upon approval of the Director of Community Development. Payment processing'will begin upon presentation of a time sheet (format as provided and approved by City), and invoice for services rendered. Task Statement: (Please see attached Scope of Services description as Exhibit "A ".) r ^HMIT -A" ATTACHED TERMS AND CONDITIONS I. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as am be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONTRACTOR hereby, expressly waives any claim it may have to any such rights.. : 2. HOLD HARMLESS - CONTRACTOR shall be icsponsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any ac' omission, or neglect of CONTRACTOR. 3. NON - ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTIFICATION OF EMPLOYMENT STATUS -By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of lake Elsinore. 5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreement with the City of take Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, Practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of take Elsinore. 7. TERMINATION - This agreement may be terminated by CITY immediately for any cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services perforated up to the effective date of termination. 8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except (king notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to such materials in its discretion without further compensation to CONTRACTOR or to any other party. (Signatures follow on next page) AGENDA ITEIN N0. PAGE 3 OF 2 0 ts* rts* sss* rtwwwwtwsssw* wwwwwsssss* s* wwwwsyssstss*•** ss* ww* w�* swwttt+* rtwwwwttssis * *sw * *wwwtwt +wsss + *wrtrt * * *ss. RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: CITY MANAGER IN WITNESS WHEREOF, the parties hereto have•. hereunto s t their hand to this contract this 9 day of 20 R /L CITY OF LAKE ELSINORE CONTRACTOR r NON- DISCRIMMATION CLAUSE . The City of lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision df municipal services. AGENDA ITEM NO.� PAGE 1_OF20 — n City of Lake Elsinore Community Development Department Planning Division _ EXHIBIT "A ». Scope of Services City Planning Consultant.Services - Y .Consultant agrees to provide, professional n'rban planning and related consulting services for the City of Lake Elsinore's Community Development Department, as directed by the . Planning Manager and/or the Director of Community'Development as set forth below. It is understood based on the representations made by the Consultantthat he /she is'specially ' trained, experienced, and competent to perform the special services which will be required by this scope of services. In addition, it is understood that the consultant possesses -the' skill, experience, ability, backgrourid,' 'certification: -and_ knowledge 'to provide the services and the terms and conditions described herein: L Review and process Planning, Land Use; and Zoning applications as assigned by the Planning Manager and/or Director of Community Development based on the level of complexity and expertise possessed by the Consultant which may include but -is not limited to'Annexations, - Design Review(s); Tentative Tract &' Parcel Maps (subdivisions), Specific Plans, Specific Plan Amendments, Zoning Code- - Amendments, Zone Changes, General Plan Amendments, Variances, Conditional - Use-Permits and extensions of time for the above applications: - 2:; Prepare or cause to be prepared by processing managing, . and monitoring 'the preparation of any environmental clearance document pursuant to the California Environmental Quality Act and related to the processing of any of the above referenced applications: 3. Prepare interoffice memoranda, prepare routine staff reports and recommendations to the Planning Manager,. Director • of Community Development, Planning Commission and City Council. 4. Respond to inquiries, both orally and in writing, interpret planning policies, state laws, and local ordinances, explains division and department procedures. 5. Perform 'field inspections, and attend conferences and meetings_ -or other public functions as an ex- officio member of city's staff. n 6. If determined necessary, provide assistance at the public counter. UAavi11a4niscfi1e\Exhibil.A Planning Consulting Se ices.doe AGENDA STEM No•_ =— _ July 20, 2004 pAGE_2q _OF- 0 CITY OF LAKE ELSINORE PERSONAL SERVICES CONTRACT THIS AGREEMENT made and entered into on_duOUst /4 , 20�. by the City of Lake Elsinore, a municipal ( l corporation, party of the first part, hereinafter referred to as CITY, and �•�/ CONTRACTOR Carole K. Donahoe S.S/E.I.N. NO. S&1-004.-_&J137 MAILINGADDRESS 22993 Rosemont CT_ CITY, STATE, ZIP Hurrieta, CA 92562 PHONE NUMBER ( 951) 600-0051 FOR USE BY THE ADMINISTRATIVE SERVICES DEPT. Vendor # Purchase Order # Community Development Department, Planning Division Document Preparer:.�_ Planning Manager Date ?-18-,W Ext. o Telephone lephone # Jlq -3 /ay, a�S party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD:. From: August 10, 2004 - TO: June 30, 2005. WITNESSETHI. _ That in consideration of the covenants and agreements herein expressed and of the faithful- performance by CONTRACTOR of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following; A rate of $51.15 per hour. Based on providing up to 24 hours per week. Additional hours may be available and necessary to carry-out project loads and contingent upon approval of the Director of Community Development. Payment processing will begin upon presentation of a time sheet (format as provided and approved by City),.and invoice for services rendered. Task Statement: (Please see attached Scope of Services description as Exhibit "A ".) EXHIBIT "A" ATTACHED TERMS AND CONDITIONS I. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefus which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights.. 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. - 3. NON - ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent ofCfrY. _ 4. CERTIFICATION OF EMPLOYMENT. STATUS -By signing this agreement, CONTRACTOR certifies that he/she is not" employee of the City of lake Elsinore. 5. APPLICABLE LAW -This agreement shall be governed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreernent'with the City of take Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of take Elsinore. - - 7. TERMINATION - This agreement may be terminated by CITY immediately for any cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation foeservices performed up to the of lmtive date of termination. - It. DOCUMENTS -All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except working notepad internal documents, shall become the property of CITY. upon payment to CONTRACTOR for such work, and CITY. shall have the sole right to use such materials in its discretion without further compensation tot CONTRACTOR or to any other party. - (Signatures follow on next page) AGENDA ITEM NO.�_ PAGE_ OF 0 k# tx## rtwsrttwwwssskt# swwwi# siikt# twts# s# rtrt## iiswwsw# wrts•### iiii# ttts### i# iwsrtw #s # #sws #tstx #rts # # #tiiwtrtrtwi #ti ( vm TO`. CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: CITY MANAGER VoCrA 6xudy Develop ent ttiiitii # #�r# # iii## iwirtw##### i### i# tiit# wtwi#### sk### wi# x;### iitiiis # # # # # # # #i # #ttti #tiii # #wirt# NON - DISCRIMINATION CLAUSE The City of lake Elsinore, in compliance with Title VI and Title VU of the Civil Rights Ac of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the R'eadjustinenf Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age; religion; disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. - AGENDA ITEM NO.___Y__ PAGE % OF� a .y City of Lake Elsinore 1 Community Development Department Planning Division EXHIBIT "A" Scope of Services City Planning Consultant Services Consultant agrees to provide professional urban planning and related consulting services for the City of Lake Elsinore's Community Development Department as directed by the Planning Manager and/or the Director of Community Development as set forth below: It is understood based on the representations made by the Consultant that he/she: is specially trained, experienced,, and competent to perform the special services which will be required by this ._scope of services.: In addition, it is understood that the consultant possesses the skill, experience, ability; background, certification and knowledge to provide the services and the terms and conditions described herein: 1. Review and process Planning, Land Use, and Zoning applications as assigned by the Planning Manager and/or Director of Community Development based on the level of complexity and expertise possessed by the Consultant which may include but is not limited to Annexations; Design Review(s), Tentative Tract & Parcel Maps (subdivisions), Specific Plans, Specific Plan Amendments, Zoning Code Amendments, Zone Changes, General Plan Amendments, Variances, Conditional Use Permits and extensions of time for the above applications. 2. Prepare or cause to be prepared by processing, managing, and monitoring the preparation of any environmental clearance document pursuant to the California Environmental ,Quality, Act and related to. the .processing of any of ,the above referenced applications. 3. Prepare interoffice memoranda, prepare routine staff reports and recommendations to the Planning Manager, Director of Community Development, Planning Commission and City Council. 4. Respond to inquiries, both orally and in writing, interpret planning policies, state laws, and local ordinances, explains division and department procedures. 5. Perform field inspections, and attend conferences and meetings or other public functions as an ex- officio member of city's staff. 6. If determined necessary, provide assistance at the public counter, r 1 U:1avi11a1mi=fi1ekExhibit A Planning Co Uldng smices.do July20.2004 AGENDA ITEM NO.__ PAGE ,? OF ZO CITY OF LAKE ELSINORE PERSONAL SERVICES CONTRACT THIS AGREEMENT made and entered into on AlAntts� /O .poration, party of the first part, hereinafter referred to as CITY, and CONTRACTOR Kirt A. Coury S.S/E.I.N. NO. 546 - 22 - 12 MAILING ADDRESS 17262 HawkMOOd CITY, STATE, ZIP Riverside, CA 92503 PHONE NUMBER ( 951 ) 689 -6042 party of the second part, hereinafter referred to as CONTRACTOR. G 6dgl. 20 -e- D4 nager D, et7� T CONTRACT PERIOD: From: August 10, 2004 - TO: June 30, 2005. WITNESSETH: ' That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following; A rate of $51.15 per hour. Based on providing up to 30 hours per week. Additional hours may be'available and necessary to carry -out project loads and contingent upon approval of the Director of Community Development. Payment processing will begin upon presentation of a time sheet (format as provided and approved by City), and invoice for services rendered. Task Statement: (Please see attached Scope of Services description as Exhibit "A ".) �XHIB[T "A" ATTACHED TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR - It is understood that CONTRA63'OR, in the porfomiance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONTRACTOR hereby expressly waivei any claim it may have to any, such rights.. 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 3. NON - ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTIFICATION OF EMPLOYMENT STATUS -By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of lake Elsinore. - 5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, cr any other items of the service provider relevant to the agreement are subject to examination by the City of lake Elsinore. 7. TERMINATION - This agreement may be terminated by CITY immediately for any cause or by either party without cause upon thirty (30) days' written notice of termination. Upon temunation, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. 8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except (,"working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right in use such materials in its discretion without further compensation to CONTRACTOR or to any other party. (Signatures.follow on next page) AGENDA ITEM NO. PAGE OF�� #t #YYtRR #F # #Ytt# #Yii #x # ;i Yii## iYYfirt### Yif#### YiY!## x# WYil Y### Yfifrt## i! rt# Wii #ff # #YWtY # # #Yitfx # #Ytifi #iYifrt# . RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: CITY MANAGER IN WITNESS WHEREOF; the parties hereto have hereunto set their hand to this contract this day of 20 CITY OF LAKE ELSINORE. CONTRACTOR J 'City Manager Contra for Q(rector of Community Develop me # i# i### iYi# kt# rt# ii### t## Y# 4fx #isiY # # # # ##Yif #s #YS4 +R # ## #Yif NON - DISCRIMINATION CLAUSE The City of take Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title UC of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices; or procedures. This includes,but is not limited to employment and the provision of municipal services.. , - AGENDA ITEM NO.�_ PAGE I D OF Z 0 City of Lake Elsinore`...:. Community Development Department Planning Division EXHIBIT "A" Scope of Services City Planning Consultant Services Consultant agrees. to provide professional urban planning and related consulting services for the City of Lake Elsinore's Community Development Department as directed by the Planning Manager and/or the Director of Community Development as set forth below. It is understood based on the representations made by the Consultant that he /she is specially trained, experienced, and competent to perform the special services which will be » required, by this scope.-of services. ,- In addition; it is understood- that the consultant possesses the skill, experience, ability; `background, certification and knowledge to = provide the services and the terms and conditions described herein: 1. Review and process Planning, Land Use, and Zoning applications as assigned by .the Planning Manager and/or Director of Community Development based on'the (.1 level of complexity and:expertise possessed by the Consultant which may include but is not limited to Annexations, Design Review(s), Tentative Tract & Parcel Maps: (subdivisions), Specific Plans, Specific Plan 'Amendments, Zoning Code. Amendments, Zone Changes,- General Plan Amendments , -Variances,-Conditional Use Permits and extensions of time for the above applications. 2. Prepare or cause to be prepared by processing,' managing, and monitoring the preparation of any environmental clearance document pursuant to the California Environmental Qu'Aty-Act and'related to the `processing' of any of'the above referenced applications. 3. Prepare interoffice memoranda, prepare routine staff reports and recommendations to—the Planning Manager,- Director ' of Community Development, I Planning Commission and City Council. 4. Respond to, inquiries; both orally and in writing, interpret planning policies, state laws, and local ordinances, explains division and department procedures. 5. Perform field inspections, and attend conferences and meetings or other public functions as an ex- officio member of city's staff. n 6. If determined necessary, provide assistance at the public counter. 1J:\avi11aMisc61e\Ezhibit A Planning Cwsulting Se ices.dw AGENDA ITEM N0.� July 20.2004 .. _ I PAGE—LI OP_ Z 0 .y PERSONAL SERVICES CONTRACT THIS AGREEMENT made and entered into on August 23 2005 , by the City of Lake Elsinore, a municipal corporation, party of the first part, hereinafter referred to as CITY, and CONTRACTOR Carole K. Donahoe FOR USE BY CITY MANAGER'S OFFICE ONLY S.S/E.I.N. NO. 561 -64 -6437 Vendor # Amount S Acct. MAILING ADDRESS 22993 Rosemont Ct. Purchase Order # Obj. Code CITY, STATE, ZIP Murrieta, CA 92562 City Division ACCT: To Be Chgc PHONE NUMBER ( 951 ) 600 -0051 Document Preparer Ext. or Telephone party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: From August 23 20 OS TO Mine 30 2006 WITNESSETH: That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other related expenses; See Below Task Statement: (Please describe the responsibilities of the contractor in one or two sentences or attach a Scope of Services description as Exhibit "A ".) A rate of $65.00 per hour and $.405 per mile (for mileage incurred on City business), up to 24 hours per week. Additional hours may be available and necessary to carry out project loads contingent upon approval of the Director o Community eve opmei Pa;impnt pr re sing_r'1t .-gip upon presentation of a timesheet (format as provided and approved by the City), and invoice for services rendered. Task statement: (Please see TERMS AND CONDITIONS INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights... 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage . to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 3. NON - ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of lake Elsinore. 5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore. 7. TERMINATION - This agreement may be terminated by CITY immediately for cause or by either parry without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. 8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party. / \ (Signatures follow on next page) AGENDA ITEM NO.� PAGE 12 OF 2 O� TURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: CITY MANAGER IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of 20 Department Director NON - DISCRIMINATION, CLAUSE The City of take Elsinore, in compliance with Title V I and Title VII of the Civil Rights Act of 1964, Title DC of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the. Re adjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. - a .y City of Lake Elsinore \ Community Development Department `-+J Planning Division t EXHIBIT "A" Scope of Services City Planning Consultant Services Consultant agrees to provide professional urban planning and related consulting services for the City of Lake Elsinore's Community Development Department as directed by the Planning Manager and/or the Director of Community Development as set forth below. It is understood based on the representations made by the Consultant that he /she is specially trained, experienced, and competent to perform the special services which will be required by -this scope of services In addition;- it is -understood that the consultant possesses the skill, experience, ' ability, background, certification- and knowledge to provide the services and the terms and conditions described herein: 1. Review and process Planning, Land Use, and Zoning applications as assigned by the Planning Manager and/or Director of Community Development . based on the level of complexity and expertise possessed by the Consultant which may include but is not limited to Annexations, Design Review(s), Tentative Tract & Parcel Maps (subdivisions), Specific Plans, Specific Plan Amendments, Zoning Code Amendments, Zone Changes, General Plan Amendments, Variances, Conditional Use Permits and extensions of time for the above applications. 2. Prepare or cause to be prepared by processing,` managing, and monitoring the preparation of any environmental clearance document pursuant:to the California 'Environmental Quality Act and related to.i the processing of any, of, the above referenced applications. 3. Prepare interoffice memoranda, prepare routine staff reports and recommendations to the Planning Manager, Director of Community Development, Planning Commission and City Council. 4. Respond to inquiries, both orally and in writing, interpret planning policies, state laws, and local ordinances, explains division and department procedures. 5. Perform field inspections, and attend conferences and meetings or other public functions as an ex- officio member of city's staff. 6. If determined necessary, provide assistance at the public counter. Q� ' AGENDA ITEM (NCO.__ U: aVillaUniscfile\Exhibit A Planning Consulting Services.doe PAGE ' —1 Jul 20, 2004 PERSONAL SERVICES CONTRACT **** k********* k******************* k*** k***************** kk* k* k* k************ * * * * * * * * * * *k * * * * * * * * * ** * * * * * * ** THIS AGREEMENT made and entered into on August 23 , 20 05 . by the City of Lake Elsinore, a municipal poration; party of the first part, hereinafter referred to as CITY, and ` ' CONTRACTOR Kirt A. Court/ S.S/E.I.N. NO. 56s -79 -1 361 MAILING ADDRESS 5711 Calle Polvorosa FOR USE BY CITY MANAGER'S OFFICE ONLY Vendor # Amount $ Acct. Purchase Order # Obj. Code CITY, STATE, ZIP San Clemente, CA 91763 City Division ACCT. To Be Chgd. PHONE NUMBER( 949) 369 -9434 Document Preparer Date Ext. or Telephone # party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: From August 23 12005 TO June 30 , 2006 WITNESSETH: ' That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other related expenses; See Below Task Statement: (Please describe the responsibilities of the contractor in one or two sentences or attach a Scope of Services description as Exhibit "A ".) A rate of $60.00 per hour and $.405 /mile (for mileage incurred on City /tii iness) based on providing up to 36 hours per week. Additional hours may be available I id necessary to carry out project loads contingent upon approval of the Director. of - Gelmuaity Development p *WPnt- prnopgging will begin upon presentation of a timesheet (format as provided and approved by the City), and invoice for services rendered. Task TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights... 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. , - 3. NON - ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTIFICATION OF EMPLOYMENT STATUS -By signing this agreement, CONTRACTOR certifies that he/she is not an employee of the City of Lake Elsinore. 5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California. 6.. AUDIT CLAUSE - In accepting this agreement with the City of lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of lake Elsinore. 7. TERMINATION -This agreement maybe terminated by CITY immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. g. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of irriplementing this agreement, except working notepad internal documents, shall become the pmperty of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party. (Signatures follow on next page) AGENDA ITEM NO.I- PAGE 1 5 OFD_ RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA.92530 ATTN: CITY MANAGER IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of 20- CITY OF LAKE ELSINORE CONTRACTOR Y City Manager (Contractor Must Sign Here) .� _ e Department Director / NON- DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title Viand Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. i AGENDA ITEM - PAGE Ito OF_J� City of Lake Elsinore Community" Development Department Planning Division EXHIBIT "A" Scope of Services City Planning Consultant Services Consultant agrees to provide professional urban planning and.related consulting services , .,... for the City of Lake Elsinore's Community Development Department as directed by the Planning Manager. and/or the Director of Community Development as set -forth below. It is understood based on the representations made by the Consultant that he /she is specially trained, experienced, and competent to perform the special services which will be _ required,by this scope" of services.' In "addition, it`is "understood that the consultant possesses the skill, experience, ability, background, ecrt ificatioii and knowledge to , jprovide the services and the terms and conditions described herein: 1. Review and process Planning, Land Use, and Zoning applications as assigned by the Planning Manager "and/or Director of Community Development based on the level of complexity .and expertise possessed by the "Consultant which` may include n but is not limited to Annexations, Design Review(s); Tentative Tract ,& Parcel_ Maps (subdivisions), Specific Plans; Specific Plan Amendments, Zoning Code Amendments; Zone Changes, General Plan Amendments, Variances; Conditional Use Permits and extensions of time for the above applications. 2. Prepare or cause to be prepared by processing; managing, and monitoring- the preparation of any environmental clearance document pursuant to the California Environmental Quality Act and related to' the processing of any of the above ' jreferenced. applications.. . j3. Prepare interoffice memoranda, prepare routine staff reports and recommendations to the Planning Manager, Director of Community Development, Planning Commission and City Council. - 4: Respond to inquiries, both orally and in writing, interpret planning policies, state laws, and local ordinances, explains division and department procedures. 5. Perform field inspections, and attend conferences and meetings or other public functions as an ex- officio member of city's staff: 6. If determined necessary, provide assistance at the public counter. - UAavillaMiscSle\Exhibit A Planning Consulting Smices.doc AGENDA ITEM NO.�_ July 20, 2004 PAGE I-) OF 2 0 PERSONAL SERVICES CONTRACT +++« xxxxx++ x++«« xxxxxxx+++ x« xxx++«« xxxx+ x« x«+ x«« xxxxx« xx+ xx« xxxxx« x+« x« xx+«« « «x «xxx « « «xx «x « « «xxxxx +xxxx + «x+ THIS AGREEMENT made and entered into on August 23 .20 05 . by the City of Lake Elsinore, a municipal / corporation, party of the first part, hereinafter referred to as CITY, and l J CONTRACTOR Linda M. Miller S.S/E.I.N. NO. 569 —SR -5628 MAILING ADDRESS 79854 ChPI a a Way CITY,STATE,ZIP Nnrriptn CA 92562 PHONENUMBER(951 ) 677 -1237 FOR USE BY CITY MANAGER'S OFFICE ONLY Vendor # Amount $ Acct. Purchase Order # Obj. Code City Division ACCT. To Be Chgd. Document Preparer Date Ext. or Telephone # party of the second part, heremafter referred to as CONTRACTOR. CONTRACT PERIOD: From August 23 2005 TO June 30 , 2006 WITNESSETH: That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other related expenses See Below Task Statement: (Please describe the responsibilities of the contractor in one or two sentences or attach a Scope of Services description as Exhibit "A ",) A rate of.•$55.00 per,hour and $.405 per mile ,(for, mileage incurred on City business), based on providing up to 32 hours per week. Additional hours may be available and necessary to carry out project loads contingent upon approval o the Director of rrimrmrnity DcvpIri mpnt_ payment _procpssing will begin upon presentation of a timesheet (format as provided and approved by the City), and invoice for services rendered: Task TERMS AND CONDITIONS I. INDEPENDENT CONTRACTOR - It is understood that CONTRACTOR, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of CITY. CONTRACTOR shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONTRACTOR hereby expressly waives any claim it may have to any such rights... 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from all damage to property, injury to persons; and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 3. NON - ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTIFICATION OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR cenifines that he/she is not an employee of the City of lake Elsinore. - 5. APPLICABLE LAW -This agreement shall be governed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreement with the City of lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of lake Elsinore. 7. TERMINATION - This agreement may be terminated by CITY immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of termination. 8. DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other parry. / \ (Signatures follow on next page) AGENDA ITEM NO. PAGE (g OF ZO TURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 ATTN: CITY MANAGER IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of 20 Department Director _ NON- DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title V] and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973; Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices; or procedures. This includes but is not limited to employment and the provision of municipal services. ` 1 .y City of Lake Elsinore Community Development Department Planning Division EXHIBIT "A" Scope of Services City Planning Consultant Services Consultant agrees to provide professional urban planning and related consulting services for the City of Lake Elsinore's Community Development Department as directed by the Planning Manager and/or the Director of Community Development as set forth below. It is understood based on the representations made by the Consultant that he /she is specially trained, experienced, and competent to perform the special services which will be required by this scope of services. :, In addition, it is understood that the, consultant possesses the skill, experience, ability, background, certification- and knowledge to provide the services and the terms and conditions described herein: 1. Review and process Planning, Land Use, and Zoning applications as assigned by the Planning Manager and/or Director of Community Development based on the level of complexity and expertise. possessed by the.Consultant which may include but is not limited to Annexations, Design Review(s), Tentative Tract & Parcel Maps (subdivisions), Specific Plans, Specific Plan Amendments, Zoning Code Amendments, Zone Changes, General Plan Amendments, Variances, Conditional Use Permits and extensions of time for the above applications. 2. Prepare or cause to be prepared by processing,, managing, and monitoring the preparation 'of any environmental clearance document pursuant to the California Environmental Quality,.,Act `,and; related ,to the . processing. of any of the above referenced applications. 3. Prepare interoffice memoranda, prepare routine staff reports and recommendations to the Planning Manager, Director of Community Development, Planning Commission and City Council. 4. Respond to inquiries, both orally and in writing, interpret planning policies, state laws, and local ordinances, explains division and department procedures. 5. Perform field inspections, and attend conferences and meetings or other public functions as an ex- officio member of city's staff. 6. If determined necessary, provide assistance at the public counter. Q.4) UAavilla\miscfile\Exhibit A Planning Consulting ServicesAoc AG ITEM NO IT NO.�— — -July 20,2004 PAGE �20 OF_2�Q_ n CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: AUGUST 23, 2005 SUBJECT: REQUEST FOR NO PARKING ON CANYON ESTATES DRIVE AT STONEY CREEK DRIVE. BACKGROUND Staff has received complaints regarding traffic conflicts at the intersection of Canyon Estates Drive and Stoney Creek Drive. n DISCUSSION A field investigation indicates that Stoney Creek Drive intersects Canyon Estates Drive on the inside of a curve. This type of intersection limits intersection sight distance. During the investigation various vehicles were observed parked on easterly side of Canyon Estates which substantially reduces intersection sight lines further. When this situation occurs, the intersection lines-of-sight are inadequate. Adequate intersection lines -of -sight have been calculated which indicate where the limits of a "no parking zone" need to be installed in order to maintain them at all times. The Lake Elsinore Municipal Code permits the City Council to approve No Parking Zones by resolution. A resolution has been prepared for Council consideration of the above No Parking Zones. FISCAL IMPACT The fiscal impact is approximately $500. n, AGEEDA 17040 NO....q:.,.�.,. PAGs:J GF REPORT TO CITY COUNCIL AUGUST 23, 2005 PAGE 2 RECOMMENDATION Approve the attached Resolution No. 2005 -_ prohibiting parking on the easterly side of Canyon Estates Drive 250 feet easterly and 200 feet northerly of Stoney Creek Drive. PREPARED BY: Chuck Mackey, City Traffic Engineer 'Y APPROVED BY: COMMCINIT OPMENT DEPARTMENT APPROVED FOR �`�l AGENDA BY: TY.MANAGER'S O IC Attachment: Resolution No 2005 - _ AGENDA ITEM N0. C �` PAGE 2 OF RESOLUTION NO 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS WHEREAS, Section 10.40.010, of the Lake Elsinore Municipal Code provides for the establishment of No Parking Zones on certain streets by resolution of the City Council; and, WHEREAS, Canyon Estates Drive is a collector street; and, WHEREAS, Stoney Creek Drive is a local street intersecting Canyon Estates on a inside -of -curve, and, .y WHEREAS, Vehicles park on Canyon Estates near Stoney Creek Drive, and; WHEREAS, Vehicles exiting Stoney Creek Drive onto Canyon Estates Drive have limited lines -of -sight when vehicles park close to the intersections „and; WHEREAS, The line -of -sight when limited causes an unsafe condition, and; WHEREAS, it is necessary to restore the lines -of -sight for safety purposes, and; WHEREAS, it has been determined that the designation of No Parking zones are I ecessary for traffic safety; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore, hereby establishes certain No Parking Zones as follows: NAME OF STREET SIDE OF STREET LOCATION OF NO PARKING ZONE Canyon Estates Drive Easterly Side From the BCR at, Stoney Creek east 250 feet Canyon Estates Drive East Side From-the BCR at Stoney Creek north 200 feet AGENDA ITEM NO. PAGE OF 'Y Resolution No. 2005- No Parking Zones on Certain Streets PASSED, APPROVED AND ADOPTED THIS day of 2005. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROBERT L. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: FREDERICK RAY, INTERIM CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: BARBARA LEIBOLD,' -CITY ATTORNEY AGENDA ITEM NO. . �... PAw 4 cw S t ' CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY; CITY MANAGER DATE: AUGUST 239 2005 _ SUBJECT: REQUEST FOR NO,PARKING''ON SUMNER AVENUE IN FRONT OF ELSINORE ELEMENTARY SCHOOL- BACKGROUND „. Staff has "received a request $om the school district'to install no, I parking on Sumner Avenue in front of the school. Staff has met in the field with the School Principal and the District's Safety Coordinator. DISCUSSION Elsinore Elementary School is implementing a student valet program to promote child safety. Parents will be required to� drop off and pick up children in the front parking lot of the school. For the program to be successful,- no parking needs to be installed on Sumner Avenue in, order to prevent drop offs at the street. These types of pedestrians would likely cross the parking lot where cars are moving and be in conflict. Additional no parking is requested on the, north side of Sumner Avenue near Poe Street where a school crosswalk is proposed to be installed. Currently the school is crossing children near Poe Street using a crossing guard. They will continue to provide the crossing guard when the crosswalk is painted. No parking between the crosswalk and an existing driveway will help promote visibility.,. The Lake Elsinore Municipal Code permits the City Council to approve No Parking Zones by resolution. A resolution has been prepared for Council consideration of the above No Parking Zones. AGENDA ITEM NO. lh PAGE ` OF REPORT TO CITY COUNCIL AUGUST 23, 2005 PAGE 2 FISCAL IMPACT The fiscal impact is approximately $500. RECOMMENDATION Approve the attached Resolution No. 2005 - prohibiting parking as shown below: NAME OF STREET SIDE OF STREET LOCATION OF NO PARKING ZONE Sumner Avenue South Side From Lindsay Avenue east 350 feet Sumner Avenue North Side 'From Poe Street 20 feet west PREPARED BY: Chuck Mackey, City Traffic Engineer APPROVED' BY: CO EVELOPMENT DEPARTMENT APPROVED FOR AGENDA BY: -.✓ AGENDA ITEM NO. N s -r RESOLUTION NO 2005- A RESOLUTION OF THE CITY COUNCIL OF;, THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS WHEREAS, Section 10.40.010, of the Lake Elsinore Municipal Code provides for the establishment of No Parking Zones on certain streets by resolution of the City Council; and, WHEREAS, Elsinore Elementary School fronts onto Sumner Avenue; and, WHEREAS, the school is implementing a student valetprogram to promote schoolchild safety, and, WHEREAS, this program is designed to have parents drop and.pick up children in :the school front parking lot, and; WHEREAS, it will be necessary to prevent parking and drop offs at the Sumner Avenue r curb, and; WHEREAS, no parking needs to be installed in front of the school from Lindsay Avenue. to 350 feet east, and; 1 1 WHEREAS, a crosswalk has been requested at Poe Street to channel school pedestrians to the school, and; WHEREAS, no parking needs to be installed on the north side of Sumner Avenue from Poe Street 20 feet west, and; WHEREAS, it has been determined that the designation of No Parking zones are necessary for traffic safety; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore, hereby establishes certain No Parking Zones as follows:.; . AWNDA.ITEM NO. .3 lD PA OF�.�.. Resolution No. 2005 - No Parking Zones on Certain Streets NAME OF STREET SIDE OF STREET LOCATION OF NO PARKING ZONE Sumner Avenue South Side From Lindsay Avenue east 350 feet Sumner Avenue North Side From Poe Street 20 feet west PASSED, APPROVED AND ADOPTED THIS day of 411110 AYES: COUNCILMEMBERS: - _y NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS- ABSTAIN: COUNCILMEMBERS: Autsr,tc 1 1,. rvuAvnr,, iviti z "I% CITY OF LAKE ELSINORE ATTEST: FREDERICK RAY, INTERIM CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY AGENDA ITEM NO. I �''' PAGE OF U LAKE ELSINORE UNIFIED. SCHOOL DISTRICT 545 Chaney Street, Lake Elsinore, CA 92530 h951/253 -7000 • FAX 951/253 -7084 • June 7, 2005 .� Mr. Chuck Mackey City Traffic Engineer . City of Lake Elsinore�KEEOS�Sp .130 South Main Street- Lake Elsinore, CA 92530 Dear Chuck, As a follow -up to our meeting at Elsinore Elementary School this morning with -you, me, and' Daniel Paquette, Principal, we are asking the City to consider two changes to the curbs in front of and adjacent to Elsinore Elementary for safety purposes. 1. A "red zone" with fire lane markings from the entrance to the front,parking lot to the exit of the front parking lot along Sumner St. This is to prevent parents from dropping off students in front of the school in such a way that they would have to cross the parking lot -to get to the school. Elsinore Elementary will be starting a "student valet program" with the start of school in August to provide a safe and efficient drop off area for.parents inside the current front parking lot. This valet program is a joint effort between the School District and the Lake Elsinore Police Department. It is being piloted at Elsinore Elementary. 2. A crosswalk with appropriate pedestrian crossing signs at the north corner. of Poe Street crossing Sumner St. We would also like for the red zone to continue down Sumner on the school side from the school's parking lot exit to just past the crosswalk. The Poe Street corner, would also need to be painted red on the corner to the entrance to She Staff parking lot for visibility purposes. It is always a pleasure to work with you Chuck. Let me know if you have any questions about these requests. Sincerely, Ifneva ICrag" ety Coordmator Cc: Daniel, Paquette, Principal; Elsinore Elementary School Dr. Sharron Lindsay, Superintendent' GOVERNING BOARD: Jeanie Corral • Jon Gray • RichardJenldns, J.D. • Tom Thomas • Sonia Wilson SUPERINTENDENT: Sharron E. Lindsay, Ed.D. AGENDA ITEM N0. I OF LO vet .3 I j _ s p � T �a Ar i i vet .3 I j _ s ♦fIy 1// CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL f TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: AUGUST 23, 2005 SUBJECT: PUBLIC HEARING ON THE PROPOSED STREET VACATION OF FLINT STREET This item was continued on August 9, 2005. x David Tofolo has formally requested the revision of the street vacation of a portion of the Flint Street right of way between the intersection of Kellog and Lowell. The proposed section of Flint Street to be vacated has not been improved and exists only as a dirt road. Because of the conf guration of the surrounding streets, access to adjacent parcels is not an issue. The two parcels adjacent to the roadway vacation will gain all property from said street vacation. W FINDINGS Staff recommends this item be continued again pending the receipt of additional information. FISCAL IMPACT None. All Costs incurred will paid by the Applicant. RECOMMENDATIONS 1. Continue Item to September 13, 2005 pending the receipt of additional information. PREPARED BY: Alex Gutierrez, ENGINEERING TECHNICIAN II REVIWED BY: Robert Moebling, CITY APPROVED BY: APPROVED FOR AGENDA LISTING: CITY DEPARTMENT AGENDA ITEM N0. ` PAGE _� OF 1---j �..✓ � 1. �.. .. CITY OF LAKE ELSINORE t REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER ` DATE: AUGUST 23, 2005 SUBJECT: PUBLIC HEARING - FORMATION'OF CFD 2005 -2 (AL.BERHILL RANCH); JOINT COMMUNITY FACILITIES AND FEE DEPOSIT & REIMBURSEMENT AGREEMENTS; CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES BACKGROUND n On July 12, 2005, the City adopted a resolution of intention to form Community Facilities. District (CFD) 2005 -2 ( Alberhill Ranch) and a resolution of intention to- incur bonded indebtedness.to finance the facilities: DISCUSSION The developer plans to build I "181 single family homes and 389 multi - family ' homes. There are three improvement areas. Attached is the CFD report prepared by Harris and Associates. Joint Community Facilities Agreements " A Joint Community Facilities Agreement ( "JCFA ") will'be entered into between the City, State of California Department of Transportation and `Castle & Cooke Alberhill Ranch, LLC due to the inclusion of Caltrans facilities. The JCFA has been approved and executed by Caltrans. A JCFA will also be entered into between'the City, EVMWD and Castle & Cooke ` Alberhill Ranch; LLC due to the inclusion ofEVMWD facilities and fees. The JCFA was approved by.EVMWD on August 11;2005:` - AGENDA ITEM e'IQ.� PAGE1_OF a / 7 Y .y REPORT TO CITY COUNCIL r 1 AUGUST 23, 2005 PAGE Fee Deposit and Reimbursement Agreements Development costs are only eligible for reimbursement with CFD funding if paid after the bonds are issued. Given the nature of the proposed reimbursable costs and the timing of when bonds will be issued, a Fee Deposit and Reimbursement agreement is necessary for the fees to be reimbursed from the CFD bond proceeds. There are two agreements. One agreement is with EVMWD, the City and Castle & Cooke and the other agreement is just between the City and Castle& Cooke. Under the agreements, the City will hold as a fee deposit, the equivalent amount of the developer fees. The City or EVMWD will be paid the developer fees from the future bond proceeds and the deposit collected from the developer would be reimbursed to the developer. If the bonds do not go forward, the fee deposit will be released to the City. Special Tax r l The average residential special tax for improvement areas A, B and C is estimated at �../ $3416, $3,206, and $3,086, respectively. The annual CFD tax amounts, when combined with all other property taxes applicable to the project, are estimated to be approximately 1.93 %, 1.94, and 1.96 for improvement areas A, B and C, respectively, which is within the 2% City CFD guidelines. The 2% maximum tax rate includes EVMWD's CFD 98 -1 and the proposed Parks, Open Space, and Storm Drains CFD.." Parks, Open Space and Storm Drains Operation and Maintenance r Built into the rate and method of apportionment (RMA) 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. Facilities The proposed facilities list is attached. The list totals $77,535,090. The list contains $6,274,010 of City of Lake Elsinore impact -fees including MSHCP of $2,361,004 and developer agreement fees of $1,570,000 and Traffic Impact Fees (TIF) of .$1,872,006. The list also includes $40,756,781 of City of Lake.Elsinore street, storm drain and park improvements, $1,400,000 of Caltrans improvements, and $29,104,299 of EVMWD impact fees and improvements. AGENDA ITEM NO. PAGE 5 OF o2 17 REPORT TO CITY COUNCIL n AUGUST 23, 2005 PAGES A IN Bond Issue In order to finance the facilities it is necessary to incur bonded indebtedness. The not to exceed amount is $28,000,000, $36,000,000 and $26,000,000 for improvement areas A, B and C, respectively. ` FISCAL IMPACT The administrative cost of forming the district incurred by the City will be paid by the $50,000 deposit made by the developer." 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. RECOMMENDATION This is an advertised. Public Hearing. The following is recommended to the City Council: L ' Open the Public Hearing and take testimony 2. 'Adopt Resolution No: 2005 — approving two Joint Community Facilities Agreements and two Fee Deposit and Reimbursement Agreements - 3. Adopt Resolution No. 2005 — approving the formation of the District 4. Adopt Resolution No. 2005 — to incur bonded indebtedness and calling a special election 5. Adopt Resolution No. 2005 — ordering canvassing of the election results 6. Conduct first reading of the Ordinance No. authorizing the levy of special tax PREPARED BY: APPROVED FOR AGENDA BY: MATT OF ADMINISTRATIVE SERVICES AGENDA ITEM NO.�_ PAGE 0 win mes Report n 1 Exhibit A — Boundary Map Exhibit B — Rate and Method of Apportionment Exhibit C — Property Owner List Exhibit D — Effective Tax Rate Q:\ELSINORE \CFD 2005 -2 Albffbdl (Castle & Cook)\report\CFD Report 2005 -2 (Albwbi0 Ra ,h).doc AGENDA ITEM NO._ PAGE__,J_OF aZ 17 V City of Lake Elsinore August 15, 2005 CFD No. 2005.2 (Alberhill Ranch) Page 1 COMMUNITY FACILITIES DISTRICT REPORT I. Introduction WHEREAS, the City Council of the City of Lake Elsinore (hereinafter referred to as the "Council "), pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act ") did establish its intentions to form a community facilities district, consisting of the territory described in Exhibit A, and did expressly order the filing of a written "Report" with the Board for the proposed community facilities district. This community facilities district shall hereinafter be referred to as Community Facilities District No. 2005 -2 of.the City of Lake Elsinore (Alberhill Ranch) (hereinafter referred to as CFD No. 2005 -2); and WHEREAS, the Resolution of Intention of the City Council of the City of Lake Elsinore to establish Community Facilities District No. 2005 -2 of the City of Lake Elsinore (Alberhill Ranch), to authorize the levy of a Special Tax to pay the costs of acquiring, constructing, or maintaining certain facilities and expenses of CFD No. 2005 -2 and to pay debt service on bonded indebtedness, did direct that said Report generally contain the following:,. a. A bri ef description of the public facilities, by type, which will be.required to adequately meet the needs of CFD No. 2005 -2; grid ' b. An estimate of the cost, of providing those public facilities, including the'cost of environmental evaluations of such facilities, and an estimate of the fair and reasonable cost of any incidental expenses to be incurred. NOW, THEREFORE, I, Dennis A. Anderson, authorized representative of Hams & Associates, pursuant to the provisions of the Act, do hereby submit the following report. Q.\EISINORE \CFD 2005 -2 Alberhill (Castle & Cook)\report \CFD Report 2005 -2 (Alberhill Ranch).doc AGENDA ITEM NO.� PAGE 6 OF a7 1 % .y n City of Lake Elsinore August 15, 2005 CFD No. 20052 (Alberhill Ranch) Page 2 COMMUNITY FACILITIES DISTRICT- REPORT IL Project Description Pursuant to land use entitlements approved by the City of Lake Elsinore `(the "City ") and Castle & Cooke ,(the "Developer'; the, Developer plans to'construct approximately single- family „dwelling units, multi- family dwelling units, with associated parks and recreation facilities known as Alberhill Ranch. The City, has proposed to form` one community facilities district for the purpose, of fnancingeertain infrastructure and-public facilities and'inaintenance' for the benefit of Alberhill Ranch.- CFD No. 2005 -2 encompasses approximately 494.1 gross acres of land. A summary of the development phases within CFD No. - 2003 -2 and the estimated numbef' of units' within each ,improvement area is shown below: CFD No. 2005 -2 will be formed to finance the acquisition and/or construction of street, streetscape, and storm drain improvements, City fees, and fees and improvements, of the, Elsinore Valley Municipal Water District. See Section III for' a list of facilities to be acquired and maintenance services to be funded. Q:\ELSINORE \CFD 2005 -2 Alberhill (Castle & Cook)\report\CFD Report 2005 -2 (Alberbill Ranch).doc AGENDA ITEM NO. PAGE 9 OF Z/-) Single' Multi improvement Development Family - Family "' Total"' Area Phase Acres : +Units Units - -- Units A 1, 2, 3, 5 . , 132:0 442 0 442' B 4, 6,.7, 8 . . 236 1 7, 482 160 642 C 9, 10, 11 126.0 257 229. 486.. 494.1 `' 1181 389 .- .1570 - CFD No. 2005 -2 will be formed to finance the acquisition and/or construction of street, streetscape, and storm drain improvements, City fees, and fees and improvements, of the, Elsinore Valley Municipal Water District. See Section III for' a list of facilities to be acquired and maintenance services to be funded. Q:\ELSINORE \CFD 2005 -2 Alberhill (Castle & Cook)\report\CFD Report 2005 -2 (Alberbill Ranch).doc AGENDA ITEM NO. PAGE 9 OF Z/-) .y City of Lake Elsinore August 75, 2005 CFD No. 2005.2 (Alberhill Ranch) Page 3 COMMUNITY FACILITIES DISTRICT REPORT 1 III. Description of Facilities & Services Facilities A community, facilities district may ..provide, for the purchase, ; construction, expansion or rehabilitation of any Teal or other tangible property with an estimated useful life of five (5) years or longer, which is, necessary to meet increased demands placed upon 'local . agencies as'a- result of development occurring .within a community facilities district: In addition, a community facilities district may provide for. the on -going costs for services, and infrastructure, maintenance for police, fire, parks, open space, parkways and storm drain facilities, as long as those services" are in addition to services already received by the property within the district. The facilities described in the Report are all facilities which the City is 'authorized, pursuant to` an agreement meeting the requirements of Section 53316.2 of the Act or otherwise (the "Joint Community Facilities Agreement') to own, construct, or_ finance, and which are required to adequately meet the needs of CFD-No. 2005 -2. The actual facilities described herein are those currently expected to,be required to adequately meet, in part, the needs of CFD No. 2005 -2. Because the actual needs of CFD No. 2005 -2 arising as development progresses therein may differ from those currently anticipated,' the City reserves the right fo,modify the actual facilities proposed herein to the extent the City deems necessary, in its sole discretion, to meet•those needs. The proposed facilities for CFD No: 2005 -2 include all or a portion of design, construction, indirect costs and administration relating to the following improvements associated with Tentative Parcel Map 32127: 1. Street Improvements '(includingstreetscape) 2. Storm Drain Improvements " CFD No. 2005 -2 will also be authorized to finance City capital improvement fees imposed pursuant to City fee programs and fees and improvements of the Elsinore Valley Municipal Water District. In addition to the improvements above, the CFD is anticipated to cover the on -going costs for maintenance of the public parks, open space and storm drain improvements. Q:\EISINORE \CFD 2005 -2 Alberhill (Castle & Cook)\report \CFD Report 2005 -2 (Alberhill Ranch).dm AGENDA ITEM NO• OF PAGE -City of Lake Elsinore August 15, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page 4 COMMUNITY FACILITIES;DISTRICT REPORT 11 IV. Cost Estimate:.r.. s .y f 1 1 ' The cost estimate for the facilities described in Section III is set forth below. The actual facilities to be financed will ultimately be determined in accordance with the Funding, Construction and Acquisition Agreement between the City and jDeVeloper., . Community Facilities District No. 2005 -2 (Alberhill Ranch) Estimated Facilities Costs Facilities Cost Estimate Storm Drain Improvements $ 5,767,552 Traffic Signals $ 2,044,934 Water 8: Sewer Improvements $ 13,441,440 Street Improvements $ 18,838,024 -:. Streetscape Improvements $ •1,646,318 Construction Bonds; Fees; Engineering $ '8,8461573 City.Impact Fees ' $' 6,274,010 Library Fee $ 235,500 Traffic Impact Fee ; $..1,872,006 Fire Mitigation Fee $ 235,500 MSHCP.Fee, $ ., 2;361,004 DAG fee $ :.1,570,000 ... EVMWD.Impact Fees $ 15,988,880 Water Fees $ 8,523,530 Sewer Fees $ • 17',465,350' ` Total Estimated Cost' $ 72,847,731" It should be noted that the - facilities" cost estimates include all indirect costs such` as project management, design engineering, right -of -way engineering, soils engineering and testing, plan checking, permits, fees, advertisement and award costs and inspections. Actual costs may differ from the amounts shown, which are estimates only and are not intended to be maximum limits in what may be expended. Q:\ELSINORE \CFD 2005 -2 Alberhill (Castle & Cook)\repmt\CFD Repo 2005 -2 (Alberhill Ranch).doc" - - "• - 2 MENDDAAITEM • ---o 7 I At '4 City of Lake Elsinore August 15, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page 5 COMMUNITY FACILITIES DISTRICT REPORT V. Bonded Indebtednes "stand Incidental Expenses A: Projected.Bond Sales The maximum authorized bonded indebtedness for CFD No. 2005 -2 is as follows: Improvement Area Authorized Bond Amount*' A .$.28,000,000 B $ 36,000,000 C $ 26,000,000 7 90,000,000 B. Incidental Bond Issuance Expenses to be included in the Proposed Bonded Indebtedness Pursuant to Section 53345.3 of the Act, bonded indebtedness may include -all costs and estimated costs incidental to, or, connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the costs of legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district due and payable prior to the expiration of one year from the date of completion of the facilities, not to exceed two years; election costs; and all cost of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. For the bonds proposed to be issued by CFD No. 2005 -2; capitalized interest is estimated for 12 months, the reserve fund is equal to the highest debt service payment in any year, and all other incidental bond issuance expenses at approximately 5.0 percent of the face amount of the bonds. C. Incidental Expenses to be Included in the Annual Levy of Special Taxes Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, services and - incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the cost of planning and designing public. facilities to be financed, including the; cost of environmental evaluations of those facilities; the costs associated with the creation of. the district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district; any other expenses incidental to the ,construction, completion, and inspection of the authorized work; and the retirement of existing bonded indebtedness. While the actual cost of administering CFD No. 2005 -2 may vary, it is anticipated that the amount of special taxes which can be collected will be sufficient to fund at least $25,000 in annual administrative expenses. . Q.\ELSINORE \CFD 2005 -2 Alberhill (Castle & Cook)\report \CFD Report 2005 -2 (Alberhill Ranch).doc, Q.r) AGENDA ITEM NO.� PAGE 0F� City of Lake Elsinore Augbst 15,2D05 CFD No. 2005.2 (Alberhill Ranch) Page 6 n COMMUNITY FACILITIES DISTRICT REPORT VI. Rate and Method of Apportionment'of the Special Tax All of the property located within CFD No. 2005 -2, unless exempted by Saw or by the Rate and Method of Apportionment, shall be taxed for the 'purpose of providing necessary facilities to serve CFD No •2005 -4. Pursuant to Section 53325.3 of the Act, the tax imposed "is a Special Tax and not a special assessment, and there is no requirement that the'tax be apportioned on the basis of benefit to any property." The Special Tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the' legislative'body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. As shown in Exhibit B, the Rate and Method of Apportionment approved in the Resolution of Intention provides information sufficient to allow each property owner within CFD No. 2005 -2 to estimate the maximum annual Special Tax he or she will'be required to pay. Sections A through C, ' below, provide additional, information on the Rate and Method of Apportionment of the Special Tax for CFD No. 2005 -2, as is proposed to be adopted in the Resolution of Formation for CFD No. 2005- 2. Please note that all capitalized terms used herein, unless 'otherwise indicated, shall have the meanings defined in the Rate and Method of Apportionment. A. Explanation for Special Tax Apportionment When a community facilities district (a "CFD ") is formed, a special tax may be levied on each 1 parcel of 'taxable property within the CFD to pay for the construction, acquisition and. rehabilitation of public facilities, to pay for authorized'services or to repay bonded indebtedness or other related expenses incurred by' the CFD. This special tax must be apportioned in a reasonable manner; however, the tax may not be apportioned on an ad valorem basis. 1 � When more than one type of land use is present within a CFD, several criteria maybe considered when apportioning the special tax. Generally, criteria based on building square footage; acreage, and land use are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the projected product mix, and are reflective of the proposed land use types within that CFD.' Specific special tax levels are assigned'to each land use class, with all parcels within a land use class assigned the same special tax rate. The facilities to be funded by CFD No. 2005 -2 are generally regional in -tract infrastructure as well as off -site infrastructure improvements. These improvements are required for the orderly development. of the property within CFD No. 2005 -2. Each property will benefit from the improvements in several ways:' 1) traffic circulation, 2) site access, 3) recreational amenities, 4) access to utilities, and-5) overall quality of life enhancement. The special tax can be apportioned using several different factors related to each property, including density, land area, traffic generation, and building square footage. Three Improvement Areas have been'defined Q:\ELSINORE \CFD 2005 -2 Albahill (Castle & Cook)\reporl \CFD Report 2005 -2 (Alberhin Ranch).doo AGENDA ITLivi tor. PAGE_./_i_OF ..,z i 7 City of Lake Elsinore August 15, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page 7 COMMUNITY FACILITIES DISTRICT REPORT Land Use Types have been established -for Developed Property in each Improvement Area, as shown in Table 1 below. The Special Tax for a single family residential property will vary directly with the amount of residential floor area on each parcel. The Special Tax for multi- family residential property will be determined by the number of units.within the complex. The Special Tax for non - residential property will be determined based on the acreage of the parce](s). The Special Tax',for Undeveloped Property and Provisional Undeveloped Property will be determined by the acreage of the property. Based on the types of public facilities that are proposed for CFD No. 2005 -2 and the factors described above, the Special Taxes assigned to specific land uses are generally proportionate to the relative benefits received by, them, and, accordingly, the Special Taxes in CFD No. 2005 -2 can be considered fair and reasonable. In addition, a maintenance special tax (Special Tax for,Services) has been established to cover the on -going costs of maintenance of the parks, open space and public storm drain system required from new development.. The Special Tax for Single Family and Multi- Family Residential Property will be based on a per unit basis. The area of the.property will determine the Special Tax for Non - Residential Property. . B. Maximum Special Tax Rates Special Tax for Facilities . Table 1, on the following page, lists the Assigned Special Tax rates for fiscal year 2006 -07 that are proposed to-be levied against Developed Property within CFD No. 2005 -2. The Maximum Special Taxes for developed property cannot exceed the rates shown in Table 'l for fiscal year 2006 -07, except when the Backup Special Tax is used as discussed in Section C below. The Maximum Special Tax that may be levied against Undeveloped Property and Provisional Undeveloped Property; cannot exceed the rates shown in.Table. l for fisca ,year 2006 -07. The Assigned Special Taxes and Maximum Special Taxes will increase at "a rate of two percent per year. Each year, the City. Council shall levy the Special Tax, subject to the methodology and Maximum Special Taxes set forth in the Rate and Method of Apportionment, in an amount sufficient to meet the Special Tax Requirement. Special Tax for Services Table 2, on the following page, lists the rates for the Maximum Special .Tax for Services for fiscal year 2005 -06 that are proposed to be levied against property within CFD No. 2005 -2. The Maximum Special Taxes will increase at a rate of two percent per year. C. Backup Special Tax (..+/ Pursuant to the Rate and Method of Apportionment, the Maximum Special Tax for Facilities for Developed Property is the greater of (i) the amount'derived by application of the Assigned Special Tax or (ii) the amount denied by application of the Backup Special Tax. The Backup Special Tax will increase at a rate of two percent per year. ,Q.\ELSINORE \CFD 2005 -2 Alberhill (Castle & Cook)\repoA \CFD Report 2005 -2 (Alberhill.Ranch).doc AGENDA ITEM NO.�� PAGE e,� OF / -7 1 ' City of Lake Elsinore August 15, 2005 CFD No. 2005 -2 (Alberhill Ranch) 7 Page 8 COMMUNITY FACILITIES DISTRICT..REPORT D: 'Accuracy of Information` In order to establish the Assigned Special Tax rates, the Backup Special Tax and the Maximum Special Tax rate for Developed Property; Undeveloped Property, and Provisional Undeveloped Property as set forth in the Rate and Method of Apportionment for each Improvement Area for CFD 2005 -2, the Special Tax Consultant relied on information including, but not limited to, absorption, land use types, building square footage, and net taxable acreage which were provided to the Special. Tax Consultant by others. The Special Tax Consultant did not independently verify such data and disclaims responsibility for'the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No. 2005 -2, including the inability to meet the financial obligations of CFD No. 21005-2. - TABLE 1 Special Tax for Facilities - Assigned Special Taxes for Developed Property For Fiscal Year - 2006-07 Community Facilities District No. 2005 -2 ImorovementAreaA Land Use T e Building Square Footage -- Rate Single Family Property Greater than 3,650 $4,566 per Single Family Unit Single Family Property 3,151 - 3,650 - ' $4;280 per Single Family Unit Single Family Property 2,551 _ 3,150 $3,373 per Single Family Unit Single Family Property 2,051 -2,550 $3,220 per Single Family Unit Single Family Property 1,851 -2,050 $2,896 per Single Family Unit Single Family Property Less than orequal to 1,850 $2,753 per Single Family Unit $4,280 per Single Family Unit /A - N/A $21,330 pr Acre NA rt $3,564 per Single Family Unit $1 per Acre 2330 Improvement Area B I Zone 1 Zone 2 Land Use Type Building Square Footage Rate Rate Single Family Property Greater than 4,250 $4,938 per Single Family Unit $4,938 per Single Family Unit Single Family Property 3,951 - 4,250 $4,661 per Single Family Unit $4,661 per Single Family Unit Single Family Property 3,651 - 3,950 $4,356 Sin le Famil Unit $4,356 per Single Famil Unit Single Family Property 3,351 - 3,650 $4,280 per Single Family Unit 54,280 per Single Family Unit Single Family Property 3,051 - 3,350 $3,564 per Single Family Unit $3,564 per Single Family Unit Single Family Property 2,551 - 3,050 $3,373 per Single Family Unit $3,373 per Single Family Unit Single Family property 2,051 - 2,550 $3,220 per Single Family Unit $3,220 per Single Family Unit Single Family Property 1,851 - 2,050 $2,896 per Single Family Unit $2,896 per Single Family Unit . Single Family property Less than orequal to 1,850 $2,753 per Single Family Unit $2,753 per Single Family Unit Multifamily Property Greater than 1,600 $2,292 per Multifamily Unit $2,292 per Multifamily Unit Multifamil Pro 1,401 -1,600 $2,148 er Multifamil Unit $2,148 per Multifamily Unit Multifamily Property 1,201 -1,400 $2,005 per Multifamily Unit $2,005 per Multifamily Unit Multifintily Property Less than or equal to 1,200 $1,862 per Multifamily Unit $1,862 per Multiflunly Unit Apartment Property N/A $20,167 per Acre $600 per Apartment Unit Non - Residential Pro N/A $20,167 per Acre $5,000 per Acre Q:\EISINORE \CFD 2005 -2 Alberhal (Castle & Cook)\report \CFD Report 2005 -2 (Alberhill Ranch).doc AGENDA ITEM NO.�� PAGE 13 OF / City of Lake Elsinore August 15, 20D5 CFD No. 2605.2 (Alberhill Ranch) Page 9 COMMUNITY FACILITIES DISTRICT REPORT Improvement Area C Zone I Zone 2 Land Use Type Building Square Footage Rate Rate Single Family Properly' Greater than 4,250 $4,938 per Single Family Unit $4,938 per Single Family Unit Single Family Pro 3,951 - 4,250. $4,661 per Single Family Unit $4,661 Single Family Unit Single Famil Pro 3,651 - 3,950 $4,356 Single Family Unit $4,356 Single Family Unit Single Family Property 3,051 - 3,650 54,000 Per Sin le Family Unit $4,000 per Single Family Unit Single Family Pro 2,751 - 3,050 - $3,659 per Single Family Unit $3,659 per Single Funnily Unit Single Family Property 2451 - 2,750 . $3,507 per Single Family Unit $3,507 * Single Famil Unit Sin le Famil Pro Less than orequal to 2450 $3,373 Per Single Famil Unit $3,373 Single Famil Unit Multifamil Property Greater than 1,600 S2,292 per Multifamily Unit $2,292 Multifarnil Unit Multifamil Property ,1,401- 1,600, $2,148 Multill mil Unit ' , $2,148 er,Multifamil Unit Multifamily Pro 1,201 -1,400 $2,005 Multifamily Unit $2,005 Multifamily Unit Multifamily Pro Less than or ual to 1200 , $1,862 Multifamily Unit $1,862 per Multifamil Unit Apartment Property N/A - $24,110 per Acre $600 Apartment Unit Non - Residential Pro N/A $24 110 Acre $5,000 per Acre TABLE 2 Special Tax for Services for Developed Property -Community Facilities District No. 2005 -2 . Fiscal Year 2005 -2006 Description Rate Single Family Property $242 per unit Multifamily Property $121 per unit Non - Residential Property $545 per Acre W Q ..\ELSINORE \CFD 2005 -2 Alberhill (Castle & Cook)\rcport \CFD Report 2005 -2 (Alberhill Ranch).doc AGENDA ITEM NO. PACE VOF�1 ?� .y IN City of Lake Elsinore August 15, 20115 CFD No. 2005.2 (Alberhill Ranch) Page 10 COMMUNITY FACILITIES DISTRICT'' REPORT — VIL` Boundaries of CFD,No. 2005 -2 Q:\ELSINORE \CFD 2005 -2 Alberhill (Castle & Cook)\reportlCFD Report 2005 -2 (Alberhill Rencb).doc AGENDA ITShi PAGE IS OF -/%. .y City of Lake Elsinore August 15,2005 CFD No. 2005- 2(Alberhill Ranch) Page 11 COMMUNITY FACILITIES DISTRICT REPORT VIII. General Terms and Conditions A. Substitution Facilities . .` � ' The description of the public facilities, as set forth herein, are general in their nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes, in lieu or modifications to the proposed work in order to accomplish the work of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service and are of a type substantially similar to that as set forth in this Report. 1 QAELSINORE \CFD 2005 -2 Alberhill (Castle &C ?ok)\r,:pM\CFD Report 2005 -2 (Alberhi0 Raneh).des, AGENDA ITEPA. Q) N (.Y City of Lake Elsinore August 15, 2005 CFD No. 2005.2 (Alberhill Ranch) Page 12 n COMMUNITY FACILITIES: DISTRICT REPORT IX. Certification Based on the information provided herein, it is my opinion that the facilities and services described herein are necessary to meet increased demands placed upon the County as a result of development occurring within the boundaries of CFD No. 2005 -2 and benefit the lands within said CFD Nor 2005 - 2. Further, it is my opinion that the special tax rates and method of apportionment, set forth herein, are fair and equitable, uniformly applied and not discriminating or arbitrary. I Dated: August 15, 2005 i Harris & Associates Dennis A. Anderson - Associate / Project Manager 1 - y - Q -.\ELSINORE \CFD 2005 -2 Alberhill (Castle & Caok)\report \CFD Report 2005 -2 (Alberhill Ranch).doo AGENDA ITEws iw. PAGE--LZ_OF ,2 17. City of Lake Elsinore CFD No. 2005.2 (Alberhill Ranch) Exhibit "A" July 12, 2005 Page A -.1 mndary Map 0 t §�3 �m�$ g 11 v A g- g a a s w a tl3S E # g���ke� � a. 1 °• N4 cm. I 0 p w 3� �. ` x KaeL - 314LiLAN O Q Z N, a y �•. of yj Lj .Q W .� j a' dap 3 iE — T$ w. 2 P9 "1 mU)LL O bbb p } t \ $'A as 5b a 05") su $,• C r' 'g �� Q , 41 as x°rr3wtij `,a :r C4� ZI rtN NI N1 f:l T t §'PY�� I � �� 8 d QIBtl 8( Q @'1 "4 38R R.,YkB g� 103 -8811 8IIi8 '� !66s Q.TLSINORE\CFD 2005 -2 Alberhill (Castle & Cook)\report\CFD Report 2005 -2 (ellberhia Ranch).doc AGENDA ITEM �y�. PAGE__015_-2./ 7 City of Lake Efsfnore Exhibit "B" June 30; 2005 CFD No. 20052 (Alberhill Ranch) Page lit f 1 Rate & Method of Apportionment RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES' DISTRICT NO. 2005 -2 OF THE CITY OF LAKE ELSINORE (Alberhill Ranch) (IMPROVEMENT AREA A)' ' The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area A of :the, City of Lake Elsinore' Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "CFD No. 2005 -2 "), The Special Tax shall be levied on and collected in Improvement Area A of CFD No. 2005 -2 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property- within Improvement Area A, unless exempted by -law or, by th'e provisions hereof; shall'be taxed for the purposes;'to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land' area'of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. _ The square footage of art Assessor's Parcel is equal to the Acreage multiplied by 43,560. "'Act" means the Mello -Roos Communities 'Facilities` Act of 1982, as amended; being Chapter 2.5, Part I of Division 2 of Title 5 of the Government Code of the State of California "Administrative Expenses" means the following actual'of reasonably ''estimated-costs directly related to:the:administration of hnprovement Area A: the costs'of computing the Special fazes and preparing the 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 for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, Improvement Area A or any designee thereof 'of complying with arbitrage rebate requirements; the costs to the City, Improvement Area A or any designee thereof of complying with disclosure requirements of the City, Improvement Area A of '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, Improvement Area A or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account;..and the City's annual administration fees and - third party expenses: Administration Expenses 'shall-also include amounts estimated by the CFD Administrator or advanced by the City or Improvement Area A for. any other administrative purposes of Improvement Area A, including attorney 's "fees' and ( , City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A June 30, 2005 -Page 2 AGENDA R'EM No.� PAGE 19 OF o2 ) 7 City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page B-3 Rate &.Method of Apportionment other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. , "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January I" preceding the.Fiscal Year in.which the Special Tax is being levied, and (ii) that have not been- issued a building permit on or before May Is` 'preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number.. . . , "Assessor's Parcel Number ", means that, number assigned to an Assessor''s Parcel by the County for purposes of identification.. , "Assigned Special Tax for Facilities", means the Special,Tax of that name described in Section D below. I I , "Backup Special Tax for Facilities ".means the Special Tax of that name described in Section E below. "Bonds" means any, obligation to repay. a,sum.of money, including obligations in the form of bonds, notes,. certificates of participation, long -term leases, loans from government agencies, or loans from.banks, other financial institutions, private businesses, or. individuals, or long -term contracts, or any refunding, thereof, to which Special-Taxes for Facilities within, Improvement Area A have been pledged. ,Building, Square Footage" , or "BSF" means, the square footage of assessable internal living space, exclusive of,garages, or-other structures not used,as living space, as determined ,by reference to the building permit application, for, such, Assessor's Parcel. "Calendar Year" means the period January, 1 of any year and ending the following December •31. "CFD Administrator,' means an `official of the.City, or designee, thereof, responsible for (i) determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax Requirement for Services, as defined in Section L, as applicable, and (iii) providing for the levy and collection of the Special Taxes. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Albeihill Ranch) ' Improvement Area A Page 3 AGENDA ITEM NO.� _ PAGE 2a0 OF -City of Lake Elsinore Exhibit "B" June 30,'2D05 CFD No. 2005-2 (Alberhill Ranch) - Page 8-4 Rate &'"Method of Apportionment "CFD No. 2005 -2" means Community 'Facilities 'District No. 2005 -2 (Alberhill Ranch) established by the City under the Act. " City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Elsinore, actingas,the Legislative Body of CFD No. 2005 -2; or its designee. "County" means the County of Riverside. r "Developed. Property" means all "Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to'the January 0 preceding the Fiscal Year in which the Special Tax is being levied, and (ii) ,a' building pernnt for new construction was issued on or before May I" preceding the Fiscal Year in which4he Special Taxis being levied.. li "Exempt Property" means all - Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section J.' - "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pur'uaitt'to the Subdivision Map Act (California Government Code Section ^ 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that f creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 of any, year and ending the following June 30. , "Improvement Area A" means Improvement Area A of CFD No. 2005 -2, as identified on the most recent boundary map for CFD No. •2005 -2 on file with the Countyof Riverside Recorder's office:' ; "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land -Use Type" means any of the types listed in Table 1 of Section,D. "Maximum' Special Tax for Facilities" means the maximum Special Tax. for Facilities, determined in accordance with' Section 'C, that can be levied- by CFD No. 2005 -2 within Improvement Area A in any Fiscal Year on any Assessor's Parcel. "Non- Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non - residential use` "Partial Prepayment Amount "means the amount required'to'prepay I portion' of the Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. f ' City of Lake-Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Albeihill Ranch) Improvement Area A Page 4 AGENDA ITEM NO.� PAGE vZ '7 1 OF a 1 City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 20052 (Alberhill Ranch) Page &5 Rate & Method of Apportionment "Prepayment Amount" means the amount required to prepay the Special Tax for Facilities obligation in full for an Assessor's Parcel „as described in Section G. : "Proportionately” means that the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is equal for,.all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special Tax for Facilities under step four of Section F, ;`Proportionately" in step four means that the quotient of (a) actual Special Tax for Facilities less the Assigned Special Tax for Facilities, divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. .. . .:: , , "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property - pursuant to -the provisions of.Section J, but cannot be, classified as Exempt Property because to do, so would reduce the Acreage of all Taxable Property.below the required minimum Acreage-set forth in Section,]. - y "Residential Property" means all Assessor's Parcels of. Developed 'Property for which a building permit has been issued for purposes of constructing one or more residential ,dwelling units. "Single Family- Property" means all Assessor's Parcels of,Residential Property, other than Apartment Property. "Single Family Unit" means a residential dwelling unit other than an Apartment Unit. "Special Tax" means any of the special taxes authorized to be levied within Improvement Area A by CFD No. 2005 -2 pursuant to the Act. - "Special Tax for Facilities" means any, of the special ;.taxes, authorized to be levied within Improvement Area A by CFD No. 2005 -2 pursuant to the Act to fund the Special Tax Requirement for Facilities. , "Special, Tax, Requirement for, Facilities" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any,amount required to establish or replenish any reserve funds established in association with the Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax for Facilities delinquencies in the prior Fiscal Year, and (vi) the. collection or accumulation of funds, for the; acquisition or construction of -facilities authorized by CFD No. 2005 -2 providedAhat,the- inclusion of such amount does not cause an increase in the levy of Special Tax for Facilities on Undeveloped Property as set forth in Step Three of,Section F.,;less (vii) any amounts available.to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all. Assessor's Parcels within Improvement Area A,. which are not Exempt Property. i - -_ I I .r. . City of Lake Elsinore June 30, 2005. Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A Pa 5 L AGENDA ITEM NO. �— PAGE o2.2 OF .Z I i City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 20052 (Alberhill Ranch) Page B-6 Rate & Method of Apportionment "Trustee" means the trustee, fiscal agent; or paying agent under the Indenture. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. SECTION'B CLASSIFICATION OF ASSESSOR'S PARCELS., Each. Fiscal: Year,_ beginning with Fiscal Year; 2006 -07, each Assessor's Parcel within Improvement Area A shall be classified as Taxable Property. or Exempt. Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non-Residential Property. Lastly,. each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property or Apartment Property, and each Assessor's Parcel of Single Family Property shall be assigned: to its appropriate Assigned Special Tax for Facilities rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES 1 � 1. Developed Property The Maximum Special Tax for Tacilities for each Assessor's Parcel of Single Family Property in any Fiscal Year shall .be the greater of (i) the Assigned Special Tax for Facilities or (ii) the Backup Special Tax for Facilities:.. The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or Non - Residential Property shall be the applicable Assigned Special Tax for Facilities described in Table 1 of Section D. Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed Property set forth in Table I may be reduced in accordance with, 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 City Council; the "Goal's and Policies ") calculated pursuant to the, Goals and 'Policies exceeds the City's maximum level objective set forth in such document, the Maximum Special Tax for Facilities on Developed Property may reduced (by modifying Table l) 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. In order to'reduce the Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special Tax for Facilities for Undeveloped Property. The reductions permitted pursuant to this paragraph shall be reflected in an amended t City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A ACENDAp �ITPI�IS.� PAGE X 3 OF / City of Lake Elsinore CFD No. 2005-2 (Alberhill Ranch) Exhibit! B" June 30, 2005 Page &7 Rate & Method of'Apportionment Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A 2. Multiple Land Use Tyne In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Types located on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. ' 3:• Approved Property, Undeveloped Property and Provisional Undeveloped Prone The Maximum' Special Tax for Facilities for each Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in'any Fiscal Year shall be the applicable Assigned Special Tax for Facilities. SECTION D ASSIGNED SPECIAL TAX FOR FACILITIES 1. Developed Prone Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Property, or Non - Residential Property shall be subject to an Assigned Special Tax for Facilities. The Assigned'Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2006 -07 shall be determined pursuant to Table I below. TABLE I ASSIGNED SPECIAL TAX FOR FACILITIES RATES - FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2006 -07 City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A \.✓ June 30, 2005 ACENDA ITEIi60._ PAGE-69? �/ 011l` o2) 7 Land Use Type Building Square Footage Rate Single Family Property Greater than 3,650 $4,566 per Single Family Unit Single Family Property 3,151 - 3,650 $4 280 per Single Family Unit Single Family Property 2,551 - 3,150 - $3,373 per Single Family Unit Single Family Property 2,051 - 2,550 $3,220 per Single Family Unit Single Family Property 1 851 - 2 050 $2,896 per Single Family Unit Single Famil Pro a Less than or equal to 1,850 $2,753 per Single Family Unit Apartment Pro N/A $21,330 per Acre Non - Residential Property N/A $21,330 per Acre City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A \.✓ June 30, 2005 ACENDA ITEIi60._ PAGE-69? �/ 011l` o2) 7 City of Lake Elsinore Exhibit, "B" June 30, 2005 ' CFD No. 2005 -2 (Alberhill Ranch) Page &8 f Rate &'Method of Apportionment 2. Approved Property, Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional Undeveloped Property. shall be, subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2006 -07 shall-be $21,330 per Acre.' 3. Increase in the Assigned Special Tax for.Facilities -- On each July 1, commencing July 1, 2007, the Assigned Special Tax for Facilities rate for Developed Property,' Approved. Property Undeveloped Property and Provisional Undeveloped Property shall'be increased by two percent (2.00 1/o) of the amount in effect in the prior Fiscal Year. . J SECTION E BACKUP SPECIAL TAX FOR FACILITIES' ' At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's Parcels of Developed; Property classified' or reasonably expected to be classified as a Single Family Property within such Final- Map area shall be 1determined by (i) multiplying (a) the Maximum Special Tax for Facilities rate for Undeveloped Property by (b) the total Acreage of Taxable Property in such Final Map area, excluding Acreage classified as Provisional Undeveloped Property, Acreage classified or reasonably' expected'to be classified as Apartment Property or Non- Residential Property, and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results in (i) by the total number of Single'Family Units reasonably expected to be constructed within such Final Map area The resulting quotient shall be the Backup Special Tax for Facilities for each Assessor's Parcel of Single Family Property within such Final Map area. W The Backup Special Tax for Facilities shall not apply to Non - Residential Property or Apartment Property. Notwithstanding the foregoing, if Assess_or's Parcels. of Developed Property which are classified or to `be classified as Single. Family. Property, are subsequently changed . or modified by recordation of a lot line adjustment or similar instrument, then the Backup, Special Tax for Facilities for the area that has been changed or modified shall be recalculated, based on the methodology above, to equal the amount of Backup Special Tax,for Facilities that would have been generated if such change.did not take place. On each July 1, commencing July. 1, 2007, the Backup Special Tax for Facilities rate shall be increased by two percent (2.00 1/4) of the amount in effect in the prior Fiscal Year. City of Lake Elsinore June 30 2005' ` Community Facilities District No. 2005 -2 (Alberhill Ranch) - Improvement Area A Pagge 8 AGENDA ITEM NO. PAGE_sj_OF o1) 7 City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 20052 (Alberhill Ranch) Page &9 Rate & Method of Apportionment - I ' . 11 1 SECTION F METHOD OF APPORTINMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006 -07 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax for Facilities rates in Table I to_ satisfy the Special Tax R_ equirement for Facilities. Step Two: If additional .moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Approved' Property at up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Special Tax for Facilities shall be levied Proportionately- on each, Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Facilities „ applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Four: If additional ;moneys are needed to, satisfy the . Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is the Backup Special, Tax for,•Facilities -shall be increased Proportionately from the Assigned Speial Tax for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy; the Special Tax Requirement for Facilities." ' Step Five: If additional moneys are needed to satisfy the"Special Tax Requirement for Facilities after the first four steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Notwithstanding the above; under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for!which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by owner of any other Assessor's Parcel within Improvement Area A. City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch): Improvement Area A June 30, 2005 Q.) (,..1) Pa e 9 AGENDA ITEM vu.2� PAGE aLn OF d- 17 'City of Lake Elsinore Exhibit "B" June 30; 2005 CFD No. 2005-2 (Alberhill Ranch) " Page &10 [� Rate : & Method of Apportionment SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this'Section G:' "CFD Public Facilities" means $22,000,000 expressed in 2005 dollars, which shall increase by the Construction Inflation Index on July I, 2006, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for Improvement Area A, or (ii) determined by the City. Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes for Facilities levied under this Rate and Method of Apportionment. "Construction Fund" means an account :specifically identified`in the Indenture or functionally equivalent to hold funds, which are currently: available for expenditure to acquire or construct public facilities eligible under CFD No. 2005 -2. "Construction Inflation Index" means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles; measured as of the Calendar Year which ends in the•previous' Fiscal 'Year. In the event this index'ceases to be published, the Construction Inflation Index shall be another index as'detemiined by the City that is reasonably comparable to the Engineering'News- Record Building Cost Index for the city of Los 'Angeles:' r " Future Facilities Costs" means the CFD PubliCFacilities minus public facility costs available to be funded through existing construction or escrow accounts ,or funded by_ the Outstanding Bonds, and minus public facility costs Ainde&by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued- and'secured by the levy of Special Taxes for Facilities which will remain outstanding after. the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the' proceeds -of prior.prepayinents'of Special Taxes for Facilities. The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued°or is expected to be issued, or anAssessor'sParcel of Provisional Undeveloped Property may be'prepaid -in full, provided that there are no delinquent Special -Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall berdetemrined asAescribed below. - - 'An 'owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. • Within 30 days of receipt of such notice the.CFD Administrator shall notify such owner of the Prepayment Amount of 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 f City of Lake`Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill'Ranch)' Improvement Area A Page 10 AGENDA I`FEPS HO.� PAGE a7 OF 0217 X .y City of Lake Elsinore Exhibit `B: June 30, 2005 CF.D No. 2005- 2(Alberhill Ranch) Page &11 Rate ,& Method of Apportionment notice of redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Prepayment Amount for each applicable Assessor's Parcel: shall.:be.,calculated according to the following formula (capitalized terms defined below): Bond Redemption Amount. plus Redemption Premium plus Future FacilitiesAmount. Plus . Defeasance Cost plus Administrative Fee less Reserve Fund Credit less ,- : I ,. Capitalized Interest Credit equals, Prepayment. Amount, As of the date of prepayment, the Prepayment Amount shall be calculated-as follows: 1. Foran Assessor's Parcel of Developed. Property, compute the Assigned Special Tax for Facilities, and,Bac]<up Special Tax.for Facilities; if any, applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property, compute the Assigned Special Tax.for Facilities,an_ d the Backup Special Tax for Facilities as though it was already designated as Developed Property,based,upon the building permit issued or, expected to -be issued for that Assessor's Parcel:; For an Assessor's Parcel of Provisional, Undeveloped. Property compute the,Assigned Special;Tax for Facilities for that Assessor's Parcel. 1 For • each, Assessor's Parcel- of Developed,- ,Property, Approved Property, Undeveloped Property orTrovisional Undeveloped Property to, be prepaid, (a) divide the. Assigned Special Tax for Facilities. computed pursuant to,paragraph.I for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by .the City; •and (b) divide, the Backup Special Tax for Facilities computed pursuant,to paragraph I for such Assessor's Parcel by the sum of the estimated Backup Special, Tax for Facilities• applicable. to all Assessor's Parcels of Taxable Property at buildouf as reasonably determined by the City. - 3. Multiply the larger quotient computed pursuant to paragrapir.2(a) or 2(b), by the Outstanding Bonds.. The product shall be the "Bond Redemption Amount ". , A. Multiply the Bond. Redemption Amount by the applicable redemption premium, if any,, on the .Outstanding Bonds to be, redeemed with the proceeds of the Bond Redemption, Amount. This product is the "Redemption Premium." 5. Compute the Future,Facilities Cost. City of Lake Elsinore June 30, 2005 �✓ Community Facilities District No. 2005- 2(Alberhill Ranch)` I, Improvement Area A Page_,11.�, AGENDAIi,.. pAGE_eje- OF City of Lake Elsinore Exhibit B" June 30; 2005 CFD No. 20052 (Alberhill Ranch) Page 8-12 Rate 8'Method of Apportionment 6. ` Multiply the larger quotient computed pursuant to'paragraph 2(a) or 2(b) "by the amount determined' pursuant to paragraph 5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount" ); - 7. Compute the amount needed to pay interest'on the Bond Redemption Amount to be redeemed with 'the proceeds of the "'Prepayment Amount until the earliest redemption' date for the' Outstanding Bonds. 8. Determine the actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. Estimate 'the amounb'of - interest earnings to be derived from the reinvestment of'the Bond Redemption' Amount plus' the Redemption Premium ' until the earliest redemption date for the Outstanding Bonds:. - 10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the amount computed pursuant to paragraph' 9.' This difference is the "Defeasance Cost." ' 11. Estimate the administrative fees and expenses associated with the prepayment, 'including the costs of computation of the Prepayment Amount, the- costs of redeeming Bonds;' and the costs of recording any notices -to evidence the prepayment and the redemption. This amount is the "Administrative Fee." " 12. Calculate the "Reserve Fund Credit" as 'the lesser of. (a) the expected reduction in the applicable reserve requirements' if any, associated with -the redemption of Outstanding Bonds, as a result of the prepayment, or (b) the amount derived by subtracting the new reserve - requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding'the foregoing, the Reserve Fund Credit shall in no event be less than 0. 13: If any -'capitalized interest for the Outstanding Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest -t-credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the expected balance =in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment. This amount is the "Capitalized Interest Credit." City of Lake Elsinore Community Facilities District No. 2005 -2 (AlberhilPRanch) Improvement Area A June 30, 2005 Page 12 AGENDA ITEM Ng . PAGE a9 OF 2 i� City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 20052 (Alberhill Ranch) Page B-13 Rate & Method of Apportionment 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Cost, and the Administrative Fee, less the Reserve Fund Credit,and the Capitalized Interest Credit. . . 15.: From the Prepayment Amount, the amounts computed; pursuant ;to paragraphs 3, 4; 10, 12; and, 13 shall be deposited into the appropriate fund as established under the Indenture and used to retire Outstanding Bonds or make debt service payments. The,amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by Improvement Area)A... , The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will ' be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. With.respect to a Special : Tax for Facilities obligation -that; is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area A that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance_ with the Act within.thirly. (30) days .of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien, on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes for Facilities shall cease. ,Notwithstanding the foregoing, no prepayment.will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property; net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding,Bonds.in each future Fiscal Year.;, SECTION H' PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel, of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued,, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this. Section H below, may be partially prepaid, provided that there are no delinquent Special Taxes, ,penalties, or interest charges outstanding with -respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be,prepaid. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch).. Lai �.// W Improvement Area A I , Page 13 AGENDA ITEM N0. 29 PAGE 3U OF 17 City of Lake Elsinore Exhibit "B" June 3q,'2005 CFD No. 20052 (Alberhill Ranch) Page &14 ( ' Rate 8 Mefhod of'Appoitionment . _ _ The Partial Prepayment Amount shall be calculated according to the following formula: PP= (PG — A)xF +A The terms above have the following meanings: PP= the Partial Prepayment Amount. ' Po = the Prepayment Amount calculated according to Section G. - F = ' the percent by which the owner. of the Assessor's Parcel is , partially prepaying the Special Tax for Facilities obligation. A=.'- the Administrative Fee calculated according to Section G. ' The owner of any Assessor's Parcel who desires such prepayment 'shall 'notify the 'CFD Administrator, of such'owner's intent to paitially'prepay the Special Tax for Facilities and the percentage by which the' Special Tax for Facilities 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 for Facilities for'an Assessor's Parcel within 30 days of the"request and may charge a reasonable fee for providing this service. Withrespect to any Assessor's Parcel that is partially prepaid; the City Cotmcil shall (i) distribute the funds remitted to it according to Section G, and (ii) indicate'in' the records of CFD N04 that there'has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in ^ compliance with the Act within thirty (30) days of receipt of such partial prepayment of the f Special Tax for Facilities obligation to indicate the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 `times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future;Fiscal Year. SECTION I "' ' TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Ass'essor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities shall cease not later than the 2041 -42 Fiscal Year, however, the Special Taxes for Facilities 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 -2 Bonds have been paid; (ii) all, . authorized facilities for CFD No. 2005 -2 have been acquired and all reimbursements to the 'developer have been paid, (iii) no delinquent Special Taxes for Facilities reinain uncollected. d and (iv)'all other obligations of Improvement Area A have been satisfied. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) ' Improvement Area A / ry Page 14' / /�•y /� PAGES,DF j21 City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page 1;15 Rate & Method of Apportionment SECTION J EXEMPTIONS The City shall classify as Exempt Property, in order of priority; (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as, places of.worship and are exempt from ad valorem. property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements, making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public,uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of al1.Taxable Property to less than 70.78 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property io less than 70.78 Acres. Assessor's .Parcels which cannot be classified as Exempt, Property because such classification would reduce the Acreage of all Taxable Property to less than 70.78 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F.. SECTION K MANNER OF COLLECTION OF SPECIAL TAX FOR FACILITIES, The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad..yalorem property taxes, provided, however, that lmprovement Area A may collect Special Taxes for Facilities at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. SECTION L SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section L: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of th'e'individual dwelling units has or shall have af.least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May I preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) . Improvement Area A Page 15 AGENDA ITEM NO.� PAGE_22=_0F L I City of Lake Elsinore Ezhibif "B" June 30, 2005 . CFD No: 20052 (Alberhill Ranch) " Page &16 ( _ . Rate & Method of Apportionment, _ on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax "for Services that can be levied by Improvement Area A in any Fiscal`Year on any Assessor's Parcel.' "Operating Fund" means a fund that shall be maintained for .Improvement Area A for any Fiscal Year. to pay for the actual costs of maintenance related to the' Service Area, and the applicable Administrative Expenses. "Operating -Fund Balance" means the amount of fiinds in the YOperating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized tote levied within CFD No. 2005 -2 pursuant to the Act to fund the Special Tax Requirement for Services. I ,. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for Improvement Area A equal to. (i)rthe, budgeted costs directly. related to the - Service Area, including maintenance, repair and replacement, of certain components of the Service Area :which n have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year; (ii) Administrative Expenses, .and (iii) anticipated delinquent Special Taxes for Services based'on the delinquency, rate, in CFD Nor'2005 -2 :for the previous Fiscal Year; less(iv) the.OperatingFund Balance,l as determined by the .CFD Administrator: i 1: Rate and Methoit of Apportionment of the Special Tax for Services ,Commencing Fiscal Year 2005 -2006 and,for; each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing, a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2005 -2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. City of Lake Elsinore June 30 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) , Improvement Area A Page 16 AGENDA ITEM N0._�_ PACE zs O 1 Y City of Lake Elsinore Exhibit "B? June 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page B -17 Rate & Method of Apportionment 2. Duration of the Special Tax for Services The Special Tax for.,Services, shall. be.levied in perpetuity: to fund _the Special Tax Requirement for Services, unless no longer, required, as determined at. the sole discretion of the City Council. 3.: Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that .Improvement Area A may collect the Special Tax for Services afa different time or m a different manner if necessary to meet its funding requirements. SECTION M APPEALS "; Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with4he CFD Administrator not later'than twelve months after having paid the first, installment of the Special Tax that 'is 'disputed. The CFD Administrator shall promptly review the appeal; and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax; and rule on the appeal: If the CFD Administrator's decision requires that the Special Tax for an Assessor's Parcel'be modified or changed. in favor of the !property owner, a cash refund'shall not be made (except for the last year of levy), but -an adjustment shall be.made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). The City Council may. interpret this Rate :and. Method of Apportionment for, purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax.and any landowner or residents appeals. Any decisionroUthe City Council shall be final and binding as to all persons.' . 1-1 - (-.6") City of Lake Elsinore June 30, 2005. . Community Facilities District No. 2005- 2.(Alberhill Ranch)._ ; Improvement Area A Page 17. AGENDA ITEM g0. pAGE. �Zj OF o2 / % City of Lake Elsinore Exhibit ','B" June 30, 2005 ^ CFD No. 20052 (Alberhill Ranch) Page &18 ( \ Rate & Method of Apportionment EXHIBIT "A"" CITY OF LAKE ELSINORE AND CFD NO. 2005-X CERTIFICATE 1. Pursuant to Section _ of the.Rate and Method of Apportionment of.Special Tax (the "RMA "), the City of Lake Elsinore (the "City ") and Community Facilities District No. 2005 X of the City of Lake Elsinore ( "CFD No. 2005 -X ") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed:Property [within such Improvement Area]: (a) The information in Table 1 relating to the Maximum Special Tax forTacilities for Developed Property and /or Undeveloped Property within [Improvement Area X or CFD No. 2005 X] shall be modified as follows: [insert Table I showing effective change to special tax rates and/or insert change to special tax rates for Undeveloped Property] 2. Table I may only be modified prior to the issuance of Bonds: 3.' Upon execution of the Certificate by the City 'and' CFD No.2005'X the City shall cause an amended Notice of Special Tax Lien [for the Improvement Area] to be recorded reflecting the ( modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2005 -X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. -City of Lake' Elsinore- Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A June 30, 2005 r AGENDA IT&Aa . PAGE OOF o21 City of Lake Elsinore Exhibit t'" June 30, 2005 CFD No. 2005.2 (Alberhill Ranch) Page B-19 Rate &'Method of RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-2 OF THE CITY OF LAKE ELSINORE (Alberhill Ranch) (IMPROVEMENT AREA B)'. The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area B of the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "CFD No. 2005 -2 "). The Special Tax shall' be levied on and collected in Improvement Area B of CFD No. 2005 -2 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. , "Act" means the Mello -Roos Communities Facilities Act of'1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of Improvement Area B: the costs of computing the Special Taxes and preparing the 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 for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, Improvement Area B or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, Improvement Area B or any designee thereof of complying with disclosure requirements of the City, Improvement Area B 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, Improvement Area B or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the_City or Improvement Area B for any other administrative purposes of Improvement Area B, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch)' Improvement Area B AGENDA IT boMP 'i' PAGE_2(2_OF d) "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public; not for sale to an end user, and under common management. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January I" preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building pemrit on or before May ,'I preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County, designating parcels by Assessor's Parcel Number. "Assessor's'Pareel Number'!, means that,pumber assigne&to an Assessor's Parcel, by the . County for purposes of identification. 1 "Assigned Special Tax for Facilities" means the Special Tax of that name described in Section D below: . 1 , "Backup Special Tax for Facilities" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long -term leases, loans from government agencies, or loans from banks, .other financial, institutions,. private businesses, :or individuals,' or long -term contracts, or any refunding thereof, to which Special Taxes for Facilities within Improvement Area B have been pledged. "Building. Square Footage" or. "BSF ",means the square footage, of assessable internal living space, exclusive of garages or other structures not used as living space, as detemuned by reference to the building permit application for.such Assessor's Parcel "Calendar Year" means the :period commencing January, l of any yeas and ending the following December 31. "CFD Administrator" means an official of the City, or designee, thereof, responsible foc, (i) determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax Requirement for Services; as defrned.in Section L; as applicable and (iii) providing for the levy and collection of the Special Taxes. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) •- 1, Improvement Area B Page 20 AGENDA ITEM No. 2�2_ pAGE,L-;�_OF .21 City of Lake Elsinore Exhibit`El" June30, 2005 ( CFD No.'2005 -2 (Alberhill Ranch) Rate & Method of Apportionment Page &20 "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public; not for sale to an end user, and under common management. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January I" preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building pemrit on or before May ,'I preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County, designating parcels by Assessor's Parcel Number. "Assessor's'Pareel Number'!, means that,pumber assigne&to an Assessor's Parcel, by the . County for purposes of identification. 1 "Assigned Special Tax for Facilities" means the Special Tax of that name described in Section D below: . 1 , "Backup Special Tax for Facilities" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long -term leases, loans from government agencies, or loans from banks, .other financial, institutions,. private businesses, :or individuals,' or long -term contracts, or any refunding thereof, to which Special Taxes for Facilities within Improvement Area B have been pledged. "Building. Square Footage" or. "BSF ",means the square footage, of assessable internal living space, exclusive of garages or other structures not used as living space, as detemuned by reference to the building permit application for.such Assessor's Parcel "Calendar Year" means the :period commencing January, l of any yeas and ending the following December 31. "CFD Administrator" means an official of the City, or designee, thereof, responsible foc, (i) determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax Requirement for Services; as defrned.in Section L; as applicable and (iii) providing for the levy and collection of the Special Taxes. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) •- 1, Improvement Area B Page 20 AGENDA ITEM No. 2�2_ pAGE,L-;�_OF .21 .y City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page &21. Rate & Method of Apportionment "CFD No. 2005 -2" means Community Facilities District No. 2005 -2 (Alberhill Ranch) established by the City under the Act. c. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2005 -2, or its designee. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of,Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1" preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a building permit for new construction was issued on or before May 1" preceding the Fiscal Year in which the'Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being-exempt from Special Taxes as provided for in Section J. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Improvement Area B" means Improvement Area B of CFD No. 2005 -2, as identified on the most recent boundary map for CFD No. 2005 -2 on file with the County of Riverside Recorder's Office.' "Indenture" means. the indenture, fiscal agent agreement, resolution . or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Type" means any of the types listed in Table 1 and/or Table 2 of Section D. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C, that can be levied by CFD No. 2005 -2 within Improvement Area B in any Fiscal Year on any Assessor's Parcel. I - I , "Multifamily Property" means all Assessor's Parcels of Residential Property on which one or more Multifamily Units are constructed. "Multifamily Unit" means a dwelling unit within a building comprised of attached residential units available for sale to an end user. City of Lake Elsinore Community Facilities District No. 2005 -2 (Albcrhill Ranch) Improvement Area B June 30, 2005 AGENDA ITENdfl. 21 PAGE�OF- x..s/ City of Lake Elsinore Exhibit• "B" June 30, 2005 CFD No. 20052 (Alberhill Ranch) I : Page B-22 1 Rate & Method of Apportionment '•'Non- Residential Property", means alLAssessor's Parcels of Developed Property for which a building permit was issued for any type of non-residential use: "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax for.'Facilities obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special .Tax for Facilities is equal for'all applicable Assessor's Parcels. In case of Developed Property subject to, the'apportionment of the Special Tax for Facilities under step four of Section F, "Proportionately" in step four means that the quotient of (a) Special Tax for Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as,Exempt Property: pursuant to the provisions of•Section.J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J for Zone I or Zone 2 as applicable. 1 "Residential Property" means all' Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. . "Single. Family Property" means all Assessor's Parcels of Residential. Property other than Apartment Property and Multifamily Properly:, "Single Family -Unit" means: a residential dwelling unit other than an Apartment Unit -or Multifamily Unit. "Special Tax" means any of the special: taxes authorized to'be levied'within Improvement Area B by CFD No. 2005 -2 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to be levied within Improvement Area B by CFD No. 2005 -2 pursuant to the Act to fund the Special Tax Requirement for Facilities.;_ "Special Tax Requirement for Facilities" means the amount required in any Fiscal Year to' pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences 'irrsuch Fiscal Year, (ii).Administrative Expenses, (iii) the costs associated with the release of funds from an escrow,account,,(iv).any amount required to establish or replenish any reserve funds established in association with the Bonds,, (v)' an amount equal to any anticipated shortfall due to Special Tax for Facilities delinquencies in the prior Fiscal Year, and n(vi) the collection or accumulation of funds for the acquisition or construction of facilities City of Lake Elsinore June.30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B _ AGENDA ITEM fte 22 rJ PAGE 32 ...OF a I % City of Lake Elsinore Exhibit °B" June 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page B-23 Rate & Method of Apportionment authorized by CFD No. - 2005 -2 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax for Facilities on Undeveloped Properly as set forth in Step Three of Section F., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor's Parcels within Improvement Area B, which are not Exempt Property. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped .Property" means Fall Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property'or Provisional Undeveloped Property., "Zone" means Zone•I or Zone 2..b "Zone 1" means a specific geographic area within Improvement Area B as-depicted in Exhibit B attached hereto. "Zone 2" means a specific geographic area,within IrrrprovementArea B as depicted in Exhibit B attached hereto. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 200607 each Assessor's Parcel within Improvement Area B shall be assigned to Zone 1 or Zone 2 and shall be classified as Taxable Property or Exempt Properly. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved. Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further -be classified.as Residential Property or Non- Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property, Multifamily Property, or Apartment Property, and each Assessor's Parcel of Single Family Property and Multifamily. Property shall be assigned to its appropriate Assigned SpeciallTax for Facilities rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES' 1. Developed Property '... „ The. Maximum Special Tax for'each Assessor's, Parcel'of•Single Family Property and Multifamily Property in any Fiscal Year shall be-the-greater (of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special:Tax. City of Lake Elsinore June 30,.2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B AGENDAiTENPrff. 23 �29 PAGE y0 OF Q 7 City of Lake Elsinore Exhibit','B" June 30, 2005 CFD No. 2005-2 (Alberhill Ranch) Page B -24 1 -Rate & Method of Apportionment The Maximum Special Tax for Facilities, for each Assessor's Parcel of Apartment Property or Non - Residential Property shall be the applicable Assigned Special Tax for Facilities described in Table I or Table 2 of Section D Prior to the issuance of Bonds, the Assigned- Special Tax for Facilities on Developed Property set forth in Table 1 may be reduced in accordance with, 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 City 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 Maximum Special Tax for Facilities, on Developed Property may be reduced (by modifying Tabled) 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. In ' order to reduce the Maximum Special. Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special Tax for Facilities for-Undeveloped Property. The reductions pemntted pursuant to this. paragraph shall be.reflected.in an amended Notice of Special Tax Lien which the City shall cause to be, recorded by executing -a certificate in substantially the form-attached hereto as Exhibit "A ". 2r Multiple Land Use Type 1 In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Types located on,the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 3. Approved Property, Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for Facilities for each Assessor's, Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the applicable Assigned Special Tax for Facilities. - F SECTION D . ASSIGNED SPECIAL TAX FOR FACILITIES I. Developed Property Each Fiscal., Year, each Assessor's. Parcel of Single Family' Property, Multifamily Property, Apartment, Property, or Non- Residential Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable - to an Assessor's Parcel of Developed, Property for' Fiscal Year 2006 -07 shall be determined pursuant to Table I and Table .2 below: - TO of Lake Elsinore June 30, 2005 Community Facilities District No. _2005 -2 (Alberhill,Ranch) Improvement Area B Page AGENDA ITEM PAGE 2 OF ci 1-7 City of Lake Elsinore Exhibit "B CFD No. 2005 -2 (Alberhill Ranch) Rate & Method of Apportionment TABLE I ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 1 FOR FISCAL YEAR 2006 -07 June 30, 2005 Page &25 Land Use Type Buildinj Square Footage I Rate Single Family Property Greater than 4,250 $4,938 per Single Family Unit Sin a Family Property 3,951 - 4,250 $4,661 per Single Family Unit Single Family Property 3,651 - 3,950 $4,356 per Single Family Unit Single Family Property 3,351 - 3,650 $4,280 per Single Family Unit Single Family Property 3,051 - 3,350 $3,564 per Single Famfly Unit Single Family Property 2,551 - 3,050 $3,373 per Sin le Family Unit Single Family Property 2,051 - 2,550 $3,220 per Single Family Unit Single Family Property 1 851' -2,050 $2,896 per Single Family Unit Single Family Property Less than or equal to 1,850 $2,753 pei Single Family Unit Multifanifly Property Greater than 1,600 $2,292 per Multifamily Unit Multifamily Property 1,401 - 1,600 '" $2,148 per Multifamily Unit Multifamily Property 1,201 -1,400 $2,005 per Multifamily Unit Nitiltifarnily Property Less than or equal to 1,200 $1,862 per Multifamily Unit Apartment Property N/A $20,167 per Acre Apartment Unit Non - Residential Property N/A $20,167 per Acre TABLE 2 ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 2 FOR FISCAL YEAR 2006 -07 Land Use Type Building Square Footage Rate Single Family Property Greater than 4,250 $4,938 per Single Family Unit Single Family Property 3,951 - 4,250 $4,661 per Single Family Unit Single Family Property 3,651 - 3,950 $4,356 er Single Family Unit Single Family Property 3,351 - 3,650 $4,280 per Single Farrffly Unit Single Family Property 3,051 - 3,350 $3,564 per Single Family Unit Single Family Property 2,551 - 3,050' ' $3,373 per Single Family Unit Sin le Family Property 2,051 - 2,550 $3,220 per Single Family Unit Single Family Property 1,851 - 2,050 $2,896 per Single Farnfly Unit Single Family Property Less than or equal to 1,850 $2,753 per Single Faraily Unit Multifamily Property Greater than 1,600 $2,292 per Multifamily Unit Multifamily Property 1,401- 1,600 $2,148 per Multifamily Unit Multifamily Property 1,201 - 1,400 $2,005 per Multifamily Unit Multifamily Property Less than or equal to 1,200 $1,862 per Multifamily Unit Apartment Property N/A $600 per Apartment Unit Non - Residential Pro N /A" 1 $5,000 per Acre City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) ` Improvement Area B June 30, 2005 (..r/ AGENDA ITEIX11 .25 � J 12 /-OF-�� PAGE t ' a .y f City of Lake Elsinore Exhibit 'B" CFD No. 20052 (Alberhill Ranch) June M 2005 Page &26 Rate & Method of Apportionment 2. '.Approved Property�Undeveloped Propertv and Provisional Undeveloped Prone Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2006 -07. shall be $20,167 per Acre for Zone 1 and $48,865 per Acre for Zone 2, 3. Increase in the Assigned Special Tax for Facilities On each July 1, commencing July 1, 2007,. the Assigned Special Tax for Facilities rate for Developed Property,, Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00 1/o) of the amount in effect in the prior Fiscal Year. SECTION.E., BACKUP'ANNUAL'SPECIAL TAX FOR FACILITIES ` At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's Parcels of Developed Property classified or'reasonably' expected to be 'classified as a Single Family Property or Multifamily Property within such Final Map area shall be determined by (i) multiplying (a) the Maximum Special Tax for Facilities rate for Undeveloped Property by (b) the total Acreage of Taxable Property in such Final Map area, excluding Acreage classified as Provisional Undeveloped Property, Acreage classified or reasonably expected'to be classified as Apartment Property or Non - Residential Property, and anyAcreage reasonably expected to be classified as Exempt Property in such Final Map,area, and (ii) dividing the results in (i) by the total number of Single Family Units or Multifamily 'Units reasonably expected to be constructed within such Final Map area The resulting quotient shall be'the Backup Special; Tax for Facilities for`each Assessor's'Parcel of Single Family Property or'Multifamily Property within such Final Map area. The Maximum Special Tax for-Facilities rate(s) applied in (i) above shall be the applicable Undeveloped Property rate for, the Zone in which each Assessor's Parcel is located; provided, however, if an Assessor's Parcel is located in two Zones, the Maximum Special Tax for Facilities rate applied shall be the lower of the two Maximum Special Tax for Facilities rates. "The Backup Special Tax for Facilities shall not apply to Non- Residential Property or Apartment Property. Notwithstanding the foregoing; if Assessor's.Parcels of.Developed Property, which are classified or to be classified as either Single Family Property or-Multifamily Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup. Special Tax for Facilities for the, area; that has been changed, or modified, shall be recalculated, based, on, the.methodology above, to.equal the amount of Backup Special Tax for Facilities that would have been generated if such change did not take place. City of Lake Elsinore 'June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 26 AGENDA ITEM NO._ 9 r- PACE l OF a 1 7 City of Lake Elsinore CFD No. 2005- 2(Alberhill Ranch) Exhibit "B" Rate & Method of Apportionment June 311, 2005 Page B-27 On each July 1, commencing July 1, 2007, the Backup Special Tax for Facilities rate shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION F METHOD OF APPORTIONMENYOF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006 -07 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Developed Property at. up to 100% of the applicable Assigned Special Tax for Facilities rates in Table 1, and Table 2 to satisfy the Special Tax Requirement for Facilities..;; Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Annual Special Tax fors Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Four If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities on each Assessor's Parcel of Developed_ Property whose Maximum Special Tax for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special Tax' for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy the Special Tax Requirement for Facilities. ' Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after,the first four 'steps have been completed; the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such A'ssessor's Parcel as needed to- satisfy the Special Tax Requirement for Facilities: Notwithstanding . the, above, under no circumstances will the Special Tax for Facilities levied against any, Assessor's.Parcel of Residential : Property for which an occupancy permit for private City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Albcrhill Ranch) Improvement Area B pp ge 27 AGENDA ITEM N�. �. PAGE � /`/ OF =2 / 7 (..r) City of Lake Elsinore Exhibit "B" Aune30,200 CFD No. 2005.2 (Alberhill Ranch) I Page &28 1 Rate & Method of Apportionment residential use has been,.issued >be. increased by more, than ten percent as a consequence of delinquency. or default by owner of any other Assessor's Parcel within Improvement Area B. SECTION PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G "CFD Public Facilities" means $29,000,000 expressed in 2005 dollars, which shall increase by the Construction Inflation Index on July 1, 2006,: and, on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for Improvement Area B; or (ii) determined by the City Council, concurrently with a covenant that it will not issue any more Bonds to be supported by Special ' Taxes for Facilities levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities. eligible under CFDNo .2005 -2.:;' -, 1. � - , "Construction Inflation Index" means the annual percentage change.in the Engineering News- Record Building Cost Index for the city of Los Angeles,.measured as of the calendar year which ends in the previous Fiscal-Year. In the event this index,ceases to be published, the Construction Inflation Index shall be another index as determined by, the City. that isreasonably comparable to the Engineering News-,Record Building(Cost• Index for the city of Los Angeles., z: "Future Facilities Costs" means the CFD Public Facilities minus public facility, costs available to be funded through existing construction or escrow accounts or funded- by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding- Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes for Facilities which will remain outstanding after the first interest and/or principal payment.date following the current Fiscal Year, excluding Bonds to-be redeemed at a later date with the proceeds of prior prepayments of Special-Taxes for Facilities. The Special.Tax, for Facilities obligation of an f Assessor's Parcel.: of• Developed Property, or an Assessor's Parcel of Approved Property or;Undeveloped Property. for, which a building permit has been issued or is expected to be issued,,or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in fidl, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such :Assessor's;Parcel at the time the Special Tax for Facilities obligation would be:prepaid..The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below. An owner of an.Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay., Within 30 days of City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B AGENDA ITEM NO. :8 PAGE 4/5 OF _-217 City of Lake Elsinore Exhibit:`B" CFD No. 2005.2 (Alberhill Ranch) _. Rate &Method of Apportionment June 30, 2005 Page &29 receipt of such notice, the CFD. Administrator shall notify such owner of the Prepayment Amount of 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 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): C ; . plus plus plus y plus less less equals As of the date of prep Bond Redemption Amount Redemption Tremium Future Facilities Amount Defeasance Cost Administrative Fee Reserve Fund-Credit Capitalized Interest Credit --- Prepayment Amount ayment, the Prepayment Amount shall be calculated as follows: 1. For an.Assessor's Parcel of Developed'Property; compute the Assigned Special Tax for.Facilities and Backup Special Tax for Facilities, if any; applicable to the Assessor's Parcel: For an Assessor's Parcel of Approved Property or Undeveloped Property, • compute the Assigned Special Tax for Facilities and the Backup Special Tax for Facilities as though,it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel 'For an Assessor's Parcel of Provisional — Undeveloped Property compute the Assigned Special Tax for Facilities for that Assessor's Tarcel. ; 2. For each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a) . divide the Assigned Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for . Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities'applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined'by the City. 3'. ` Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding•Bonds. The product shall be the "Bond Redemption Amount ". 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the, "Redemption Premium." City of Lake.Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B age.29 AGENDA ITEM NCP PAGE q6 OF all (..s/ INI City of Lake Elsinore Exhibit "B" June 30,2005 n CFD No. 20052 (Alberhill Ranch) Page &30 Rate & Method of Apportionment 5. Compute the Future Facilities Cost: ' 6 Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the amount determined pursuant to paragraph 5 to determine the Future Facilities 'Cost to be prepaid (the "Future Facilities Amount" ). 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with` the proceeds of the Prepayment Amount until the earliest redemption date for the Outstanding Bonds:' 8. Determine the actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 9. Estimate the amount of interest earnings to be derived "from the reinvestment of u the Bond Redemption Amount plus the Redemption Premium `until the earliest redemption date for the Outstanding Bonds: 10. Add the amounts computed pursuant -to paragraph 7 and ' 8 and subtract the amount computed pursuant to paragraph 9. This difference is the "Defeasance 1 Cost." 11. Estimate the administrative fees' and expenses associated with die prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 12: Calculate the "Reserve Fund Credit" as the lesser of. (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond' or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall - in no event be less ..than 0: 13. If any "capitalized interest for the Outstanding Bonds will not have been expended as of the'date immediately following the first interest-and/or principal payment. following the current Fiscal -Year, 'a capitalized interest'credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment. This amount is the "Capitalized Interest Credit." City of Lake Elsinore June 30; 2005 Community Facilities District No. 2005 -2 (Alberhil]-Ranch) Improvement Area B .J City of Lake Elsinore Exhibit 'B" June 30, 2005 CFD No. 2005.2 (Alberhill Ranch) Page &31 Rate &,Method of Apportionment 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Cost, and the Administrative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit. 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 10, 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to. paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph I I shall be retained by Improvement Area B. The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G; the City Council shall indicate in the records of Improvement Area B that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special ( 1 Tax for Facilities lien on such Assessor's Parcel and the obligation of such Assessor's Parcel to Q.1 pay such Special,Taxes for Facilities shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least, l.1 times the regularly scheduled annual interest and principal payments on all, currently Outstanding Bonds in each future Fiscal Year. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. City of Lake Elsinore June 30,'2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 31 AGENDA ITEM NO. PAGE 9k OF -2 1 `7 .y n lam' City of Lake Elsinore Exhibit "B" lilurie 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page B-32 - Rate & Method of Apportionment The Partial Prepayment Amount shall be calculated according to the following formula: PP -= (1'0 - A) x F +A . The'terms above have the following meanings P= the Partial Prepayment Amount.'' PC= the Prepayment Amount calculated according to Section G. F the percent by which thel,owner of the As'sessor's Parcel is partially prepaying the Special Tax for Facilities obligation. A' the Administration Fee calculated according to Section G ,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 for Facilities and the percentage by which the Special Tax for Facilities 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 for Facilities for an Assessor's Parcel within 30 days'of the request and may charge a reasonable fee for providing this service. Witli respect to any. Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the f inds.remitted to'it according'to Section G and (ii) shall indicate. in the records of CFD No: 266- 2'that there has been a partial prepayment of the Special Tax for Facilities obligation and, shall cause 'a suitable notice to, be recorded in compliance with the Act within thirty' (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation to indicate the partial prepayment of the Special Tax for Facilities obligation and the partial release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax for Facilities that may levied on Taxable Property after'such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Assessor's Parcels subject to the Special Tax for. Facilities. The Special Tax for Facilities I hall cease not later than the 2043 -44 Fiscal Year, however, the Special Taxes for Facilities will cease to be levied man earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal, payments on the CFD No. 2005 -2 Bonds have been paid, (ii) all authorized facilities of CFD No. 2005 -2 have been acquired and all reimbursements to, the developer,have'been paid, (iii) no delinquent Special Taxes.for Facilities remain uncollected and (iv) all other obligations of Improvement Area B have been satisfied. City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B June 30, Page 32 AGENDA ITEM Nfy. PAGE —f19 OF_:21� City of Lake Elsinore - Exhibit "B" June 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page &33 Rate & Method of Apportionment SECTION J EXEMPTIONS The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by' or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, {v) Assessor's Parcels which are privately owned and are encumbered'by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property 'to less than 85.59 Acres for Zone 1 and 6.80 Acres for Zone 2. " Notwithstanding the above, the City Council shall ''not classify an Asses'sor's Parcel as Exempt Property if,such classification would reduce the. sum of all Taxable Property to less than 85.59 Acres for Zone 1 and 6.80 Ades for Zone 2. Assessor's Parcels which cannot be classified as Exempt Property because such classification' would reduce the Acreage of all Taxable Property to less than 85.59'Acres for Zone I and 6.80 Acres for Zone 2 will be classified'as'Provisional Undeveloped Property, and will be subject to Special Taxes for Facilities pursuant to Step Five in Section F. SECTION K MANNER OF COLLECTION " The Special Tax for Facilities shall be collected in the same manner and the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area B may collect `Special Taxes for Facilities at a different time or in a different manner if necessary to meet its financial obligations, and "May covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. SECTION L' SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section L: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. (..6) "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City City of Lake Elsinore - - - - - _ June 30, 2005 �J Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 33 AGENDA TMM N0. i 2L PACT 5Q OF d l 7 City of Lake Elsinore Eihibih'B" June 30, 2005 CFD No. 20052 (Alberhill Ranch) Page B-34 _ _ _ ._ _ __ Rate & Method of Apportionment on orrprior to May 1 preceding the'Fiscal'Year in which'the^Special'Tax'for Services is being levied.., . "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by Improvement Area B in any Fiscal Year'on any Assessor's Parcel. ­ "Op erating Fund" 'means a fund that shall be' maintained for Improvement Area B for any Fiscal Year `to` pay for the actual "costs of maintenance related to; the. Service'Area,'and the applicable Administrative Expenses. " :1 "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. k' "Special Tax for Services" means. any of the special taxes authorized to be levied within CFD No. 2005 -2 pursuant to the Act to fund the Special:Tax Requirement for-Services. "Special Tax Requirement tfor Services" means, the amount determined in any. Fiscal Year,for Improvement Area B equal to (i) the budgeted costs directly related to, the,, Service Area, /-� including maintenance, repair and replacement of icertain components of the Service Area which t have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) •anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2005 -2 for the previous Fiscal Year; less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services W Commencing Fiscal Year 2005 -06 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2005 -06 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services City of Lake Elsinore June 30, 2005' Community Facilities District No. 2005- T(Alberhill Ranch) Improvement Area B " - Page'34 ' AGENDA ITEM NO. 2'a PACE 51' OF -2) -7 -y City of Lake Elsinore Exhibit "B" June 30, 2005 CFD,,No. 20052 (Alberhill Ranch) Page &35 Rate& Method of Apportionment The Special Tax for Services, shall- ,be,,levied, in ,perpetuity ,to,fund the. Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the, same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area B may collect tfie Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. SECTION M APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The, CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence'regarding the amount of the Special Tax, and Wile on the appeal. If the CFD Administrator's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner,,a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). The City Council may interpret this -Rate and Method. of Apportionment, for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or residents appeals. Any decision of the City Council shall be final and binding as to all .persons. ; M `s/ City of Lake Elsinore June 30, 2005,' Community Facilities District No. 2005 -2 (Alberhill Ranch)' Improvement Area B AGENDA ITEM PAGE Sd__ OF 1 W .y City of lake Elsinore Exhibit "B June 30, 2005 CFD No. 2005- 2(Alberhill Ranch) Page B-36 Rate & Method of Apportionment EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO. 2005-X CERTIFICATE 1. Pursuant to Section _ of the Rate and Method of Apportionment of Special Tax (the "RI ), the City of Lake Elsinore (the "City ") and Community Facilities District No. 2005 - X of the City of Lake Elsinore ( "CFD No. 2005 -X ") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property [within such Improvement Area]: (b) The information in Table I relating to the Maximum Special Tax for Facilities for Developed Property and/or Undeveloped Property within [Improvement Area X or CFD No. 2005-X] shall be modified as follows: [insert Table 1 showing effective change to special tax rates and/or insert change to special tax rates for Undeveloped Property) 2. Table 1 may only be modified prior to the issuance of Bonds. 3. Upon execution of the Certificate by the City and CFD No. 2005 -X the City shall cause an (�• amended Notice of Special Tax Lien [for the Improvement Area] to be recorded reflecting the modifications set forth herein. f ` By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2005 -X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE 0 CFD Administrator Date: COMMUNITY FACILITIES DISTRICT NO. 2005 -X OF THE CITY OF LAKE ELSINORE, M Date: City of Lake Elsinore June 30, 200.5 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 36 ' AGENDA ITEM rvu. 2 PAGE, SJ OF o2 1 City of Lake Elsinore Exhibit "B" June 30, 2005 .CFD No. 20052 (Alberhill Ranch) Page &37 Rate & Method of Apportionment EXHIBIT "B" ZONE MAP, City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B Page 37 AGENDA ITEM NO. 22 pAGE of o1J7 s .y City of Lake Elsinore Exhibit "B" June 30; 2005 CFD No: 20052 (Alberhill Ranch) , , I . - - Page &38 ate & Method of Appotionment. O City of Lake Elsinore June 30, 2005 Community Facilities District No. 20054(Alberhill Ranch) " improvement Area B p 38 AGENDA DAGE 5S OF e2I City of Lake Elsinore Exhibit `B" June 30, 2005 CFD No. 20052 (Alberhill Ranch) Page B-39 Rate 8 Method of Apportionment RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-2 OF THE CITY OF LAKE ELSINORE (Alberhill Ranch) (IMPROVEMENT AREA C) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area C of the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "CFD No. 2005 -2 "). The Special Tax shall be levied on and collected in Improvement Area C of CFD No. 2005 -2 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area C, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel. as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or ( ) instrument. The square, footage of an Assessor's Parcel is. equal to the Acreage multiplied by �sd 43,560. "Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part I of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of Improvement Area C: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City of designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, Improvement Area C or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, Improvement Area C or any designee thereof of complying with disclosure requirements of the City, Improvement Area C 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, Improvement Area C or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account, and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or Improvement Area C for any other administrative purposes of Improvement Area C, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Lake Elsinore Community Facilities District No. 2005- 2,(Alberhill Ranch) Improvement Area C June 30, 2005 (-.$) Page 39 AGENDA ITEM NO. 29 PACE S_„ (_Ol` i laity of Lake Elsinore Exhibit','B" June 30, 2005 CFD No. 20052 (Alberhill Ranch) Page B40 Rate & Method of Apportionment "Apartment Property" means all Assessor's Parcels of Residential Pro perty,on. which one or more Apartment Units are constructed- "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, nol,for sale,to;an end.user,,an& under common management. "Approved Property" means all Assessor's Parcels of Taxable Property:.(i) that are included in a Final Map that was recorded prior to the January I" preceding the Fiscal Year in which the Special Tax is being levied,, and (ii) that have notbeen issued a building permit on or.before May ls` preceding the Fiscal -Year in which the SpecialzTax is being levied: -, "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's. Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County, designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number, assigned to. an Assessor's Parcel by the County for purposes of identification. ( "Assigned Special Tax for Facilities" means the Special Tax of thainame described in Section D below. . "Backup Special Tax for Facilities" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in theVform of bonds, notes, certificates of participation, long -term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long -term contracts,,or any refunding thereof, to'which,Special,Taxes for Facilities within Improvement Area C have been pledged. f 1 "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as - determined by reference to the building permit application Fier such Assessor's Parcel. "Calendar Year" means the period commencing January I,of any year and, ending_ the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for (i) determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax Requirement for Services, as defined in Section L, as applicable and (iii) providing -for the levy. and collection of the Special Taxes. City of Lake Elsinore -,June 30, 2005, Community Facilities District No. 2005 -2 (AlberhilbRanch) Improvement Area C AGENDA ITEM NO.Page 40 2 PACE, oF °?.Z. City of Lake Elsinore Exhibit "B" June 30,2005 CFD No. 2005.2 (Alberhill Ranch) Page B-41 Rate &'Method of Apportionment "CFD No. 2005 -2" means Community Facilities District No. 2005 -2 (Alberhill Ranch) established by"the'City under the Act. • - ' , t ' ' "City" means the City of Lake Elsinore. "'City Council means the City Council of the City of Lake Elsinore, acting,as the Legislative Body of CFD No. 2005 -2, or its designee. ` "County" means the County of Riverside. "Developed Properly" means all'' Assessor'§iParcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January I" preceding the Fiscal 'Year in which the Special Tax is being levied, and (ii) a building permit for new construction was issued on or before May l" preceding the Fiscal Year -in which the'Special Tax -is being levied. ' "Exempt Property" means all Assessor's Parcels designated as being-exempt from Special Taxes'as provided form Section J' "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line'adjustme'nt, pursuant to the Subdivision Map Act '(California Government Code'Section 66410 et seq.) or recordation of a condominium plan pursuant to Califomia Civil Code'1352rhat creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Improvement Area C" means Improvement Area C of CFD No. 2005 -2, as identified on the most recent boundary map for, CFD No. 2005 -2 on file with the County of Riverside Recorder's Office.' "Indenture" means the indenture; 'fiscal agent' agreement, resolution or other instrument pursuant, to which Bonds'ar`e'issued, as' modified; amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Type "means any of the types listed in''table 1 and /or Table 2'of Section D. "Maximum Special Taxl for Facilities" means the 'maximum' Special Tax for Facilities, determined in accordance with Section C, that can be levied by CFD No. 2005 -2 within Improvement Area C in any Fiscal Year on any`Assessor's Parcel. 1°Multifamily Property" means all Assessor's Parcels of Residential Property on which one or more Multifamily Units are constructed. "Multifamily "Unit" means a dwelling unit within a building' comprised of attached residential units available for sale to an end user. IN City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) ' ' Improvement, Area C AGENDA ITEM Wage 41 ' PAGE 59 OF 1 / 7 City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 2D05- 2(Alberhill Ranch) Page BA2 Rate'8 Method, of Apportionment _ _ , _ "Non- Residential Property" means all" Assessor's Parcels of Developed-Property for which a building permit was issued for any type of non-residential use: "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tag for Facilities obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special .Tax for Facilities under step four of Section F, "Proportionately" in step four means that the quotient of (a) Special Tax for Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's .y Parcels. ' . .. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J for Zone l or Zone ^ 2 as applicable. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Single Family Property" means -all Assessor's Parcels of Residential Property other than 'Apartment Property "and Multifamily Property:' "Single Family Unit" means a residential dwelling unit other than an Apartment Unit or Multifamily Unit. "Special Tax" means any of the special taxes authorized to be levied within Improvement Area C by CFD No. 2005 -2 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to be levied within Improvement Area C by CFD No. 2005 -2 pursuant to the Act to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means the amount required: in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses; (iii) the costs associated with the release of funds from an escrow account; (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax for Facilities delinquencies in the prior Fiscal Year, and n(vi) the collection or accumulation of funds for the acquisition or construction of facilities City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Page 42 AGENDA ITEM � pAGE OF ,J 17 City of Lake Elsinore Exhibit T" June 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page B43 Rate & Method of Apportionment authorized by CFD No. 2005 -2 provided that the inclusion of -such amount. does not cause an increase in the levy of Special Tax.. for Facilities on Undeveloped Property as set forth is Step Three of Section F., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture: "Taxable Property" means all Assessor's Parcels within Improvement Area C, which are not Exempt. Property. "Trustee" means the trustee, fiscal agent, or paying'agent under the Indenture. "Undeveloped Property" means all Assessor's - Parcels of Taxable Property which are not Developed Property, Approved Property, or Provisional Undeveloped Property. . "Zone" means Zone I or Zone 2. r. "Zone 1" means a specific geographic area within Improvement Area C as depicted in Exhibit B attached hereto. "Zone 2" means a specific•geographic area within Improvement Area C as depicted in Exhibit B attached hereto. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2006 -07 , each Assessor's Parcel within Improvement Area C shall be assigned to Zone I or Zone 2 and shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non - Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single. Family Property, Multifamily Property, or Apartment Property, and each Assessor's Parcel of Single Family Property and Multifamily Property shall be assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES 1. Developed Prooerty The Maximum Special Tax for each Assessor's, Parcel of Single Family Property and Multifamily Property in any Fiscal Year shall be the greater of (i) the Assigned. Annual Special tax or (ii) the Backup Annual Special Tax. , City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C June 30, 2005 AGENDA ITEM No. 4� CAGE 61 _OF �2 1 -7. N 1 .y 1 ' 1 City of Lake Elsinore CFD No 2005.2 Wberhill Ranch) Exhibit "B" June 30, 2005 Page B-44 Rate & Method of Apportionment . -.. _ The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or Non - Residential Property shall be the applicable Assigned Special Tax for Facilities described in Table I or Table 2 of Section D Prior to the issuance of Bonds, the 'Assigned Special Tax for Facilities on Developed Property set forth. in Table 1 may be reduced in accordance with, 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 _City 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 Maximum Special Tax for Facilities on Developed Property may be reduced (by modifying Table 1) 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. In order to reduce the Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special Tax for Facilities for Undeveloped Property. lie 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 by executing a certificate in substantially the form attached hereto as Exhibit "A ". 2. Multiple Land Use Type In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Types located on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 3. Approved Property, Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the applicable Assigned Special Tax for Facilities. SECTION D. ASSIGNED SPECIAL. TAX FOR FACILITIES - 1. Developed Property Each Fiscal Year, each Assessor's Parcel of .Single Family Property,' Multifamily Property, Apartment Property, or Non - Residential Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2006 -07 shall be determined pursuant to Table I and Table 2 below. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C Pa e 44 AGENDA ITEM hP$ PAGE�_OF _ ,l a City of Lake Elsinore Exhibit "B" CFD No. 2005 -2 (Alberhill Ranch) Rate & Method of Apportionment TABLE I ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE I FOR FISCAL YEAR 2006 -07 June 30, 2005 Page B-45 Land Use Type Building Square Footage . Rate Single Family Property Greater than 4,250 $4,938 per Single Family Unit Single Family Property 3,951 - 4,250 $4,661 per Single Family Unit Single Family Property 3,651- 3,950 .$4,356 per Single Family Unit Single Family Property 3,051 - 3,650 $4,000 per Single Family Unit Single Family Property 2,751 - 3,050 $3,659 per Single Family Unit Single Family Property 2,451 - 2,750 $3,507 per Sin le Family Unit Single Family Property Less than orequal to 2,450 $3,373 per SingleTarnily Unit Multifamily Property Greater than 1;600 $2,292 per Multifamily Unit Multifamily Property 1,401 - 1,600 $2,148 per Multi armly Unit Multifamily Property 1,201 - 1,400 $2,005 per Multi fly Unit Multifamily Property, Less than or equal to 1,200 $1,862 per Multifamily Unit Apartment Pro a N/A $24,110 per Acre $600 per Non - Residential Pro a N/A 1 $24,110 per Acre $5,000 per Acre TABLE 2 ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 2 FOR FISCAL YEAR 2006 -07 Land Use Type Building Square Footage Rate Single Family Property Greater than 4,250 $4,938 per Single Family Unit Single Family Property 3,951 - 4,250 $4,661 per Single Famfly Unit Single Family Property 3,651 - 3,950 $4,356 per Single Family Unit Single Family Property 3,051 - 3,650 $4,000 per Single Family Unit Single Family Property 2,751 - 3,050 $3,659 per Single Family Unit Single Family Property 2,451 - 2,750 $3,507 per Single Family Unit Single Family Property Less than or equal to 2,450 $3,373 per Single Family Unit Multifamily Property Greater than 1,600 $2,292 per Multifamily Unit Multifamily Property . 1,401 - 1,600 $2,148 per Multifamily Unit Multifamily Property 1,201 - 1,400 $2,005 per Multifamily Unit Multifamily Property Less than orequal to 1,200 $1,862 per Mul ifamily Unit Apartment Pro perty N/A $600 per Apartment Unit Non - Residential Property N/A $5,000 per Acre City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area C June 30, 2005 AGENDA ITEM J . 45 22 PAGE_6.sL_OF .2 1 i City of Lake Elsinore Exhibit "B" June 30, 2005 1 l CFD No.200 52 (Alberhilt Ranch) " Page B-46 .._ _ ._ _ ._ Rate. &'Method of Apportionment,_ ._ _ 2. Approved Property Undeveloped Properly and Provisional Undeveloped Properly Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property and'Provisional Undeveloped Property for Fiscal Year 2006 -07 shall be $24,110 per Acre for Zone 1 and $55,975 per Acre for Zone 2: 3. Increase in the Assigned Special Tax for Facilities On each' July 1,'commencing July 1, 2007, the:Assi' d'Special Tax for Facilities rate for Developed Property; Approved °Property, Undeveloped` Property and Provisional Undeveloped Property shall be increased by two percent (2.00 %)'of the amount in effect in the prior Fiscal Year. SECTION E' .. - BACKUP ANNUAL SPECIAL TAX FOR FACILITIES n At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's Parcel's of Developed Property classified or reasonably expected to be classified as a Single Family Property or Multifamily Property within such Final-Map area shall be determined by (i) multiplying (a) the'Maximum Special Tax for Facilities'rate' for Undeveloped Property by (b) the total, Acreage of.Taxable Property in`such Final Map area, excluding "Acreage classified as Provisional Undeveloped Propeity, Acreage classified or reasonably 'expected'to be classified as Apartment Property or Non - Residential Property, and`'any Acreage reasonably expected to be classified as Exempt Property in such Final Map.area, and (ii) dividing.the results in (i) by the total,number of Single Family. Units; or Multifamily Umts reasonably expected to be constricted within such Final Map area. The resulting quotient shall be the.Backup Special Tax for Facilities for each Assessor's Parcel.of Single Family Property or Multifamily Property within such Final IMap area, The Maximum;Special Tax for.Facilities'rate(s) applied in (i) above shall be the applicable Undeveloped Property. rate.for the Zone in which each Assessor's. Parcel is located; provided, however, if an Assessor's Parcel is located in.two.Zones, the Maximum Special Tax for Facilities rate applied shall be the lower of the two Maximum Special Tax for Facilities rates. The Backup Special Tax for. Facilities shall;not apply to Non - Residential Property or Apartment Property. Notwithstanding the foregoing, if Assessor's Parcels,of Developed Property. which are classified or to be classified as either Single Family Property or Multifamily. Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax for Facilities for the area that has 'been, changed 'or modified shall be recalculated, based on the methodology above, to equal the amount'of Backup Special Tax' for Facilities that would have been generated'if such change did not take place. Ci of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill'Ranch) - - Improvement Area C Page'46 AGENDA ITEM N0. % 2 F PAGEO o1i % City of Lake Elsinore Exhibit "B" June 30, 2005 ;CFD No. 2005-2 (Alberhill Ranch) Page, 13-07 .Rate &Method of Apportionment On each July 1, commencing July 1, 2007, the Backup,Special Tax for Facilities rate shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION E t METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006 -07 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: The Special Tax for Facilities shall "be levied Proportionately on each Assessor's Parcel of Developed Property at up to, 100% of the,applicable, Assigned Special Tax for „Facilities rates, in Table 1. and Table 2 to .satisfy the Special Tax y Requirement for Facilities. Step Two: If additional moneys are needed to satisfy the Special. -Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three: If additional moneys are needed to satisfy, the Special Tax Requirement for Facilities after, the first two steps have been completed, the. Annual Special Tax for Facilities shall be "levied Proportionately on each Assessor's Parcel of 'Undeveloped. Prope'rty'up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed.to satisfy the Special Tax Requirement for Facilities. ' Step Four. If :additional moneys are needed to satisfy the Special Tax Requirement' for Facilities after the first three steps have been `completed, then the Special Tax for Facilities on each 'Assessor's � Parcel of Developed Property whose Maximum Special `Tax 'for Facilities is the Backup Special `Tax for Facilities shall be increased Proportionately from the Assigned Special' Tax for 'Facilities' up' to ” -100% of the Backup Special Tax for Facilities as'needed to satisfy the Special Tax Requirement for Facilities: Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities afteCthe first four steps have been completed; the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as' needed to satisfy the Special: Tax Requirement for Facilities. Notwithstanding the above, under. no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property.for which an occupancy: permit for private, residential use has been issued be increased by more than ten percent as ,a consequence of delinquency or default by owner of any other Assessor's Parcel within Improvement Area C. City, of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 t)'Oberhill Ranch) - Improvement Area C Page 47 AGENDA ITEM NO._ _ FAGE_4Y_- 0F °z/ City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 20052 (Alberhill Ranch) Page B -08 _-.''Rate & Method of Apportionment SECTION G .. PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G` " "CFD Public Facilities" means $20,000,000 expressed in 2005 dollars, which shall increase by the Construction Inflation Index on July 1,`2006'," and on each July I thereafter, or such lower amount (i) determined by the City Council as sufficient toprovide the public facilities under the authorized bonding program for Improvement Area C, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes for Facilities levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2005 -2. "Construction Inflation Index" means the annual percentage change in the Engineering News - Record Building Cost Index for the city of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the'event this index ceases to 'be published, the Construction Inflation Index 'shall be another index as determined by the City that is reasonably comparable to the Engineering News - Record'' Building Cost'Index for the city of Los Angeles. ' "Future Facilities Costs" means theCFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public' facility costs funded by interest eamings'on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and' secured by the levy of Special Taxes for Facilities which will remain outstanding after the first interest and/or principal payment date following the, current Fiscal Year,' excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Taxe's`for Facilities: The Special Tax for Facilities obligation of an Assessor's Parcel ofDeveloped Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is'expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Prepayment' Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below: '- An owner of an Assessor's Parcel intending to prepay the Special Tax- for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such notice; the CFD Administrator shall notify'such owner of the Prepayment Amount of 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 City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) ` Improvement Area C AGENDA ITEM Nbage 48 PAGE 655 _oF .1__-7� City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page 1349 .Rate & Method of Apportionment occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture., The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): Bond Redemption Amount. .. plus, Redemption Premiu plus : - Future Facilities m s Amount plus Defeasance Cost plus Administrative Fee less Reserve Fund Credit less Capitalized Interest Credit equals . Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1. For an,Assessor's Parcel of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities, if any, applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property, compute the Assigned. Special Tax for. Facilities and the Backup Special Tax for Facilities as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped, Property compute the Assigned Special;Tax for Facilities.for that Assessor's Parcel „ 2. For each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a) , divide the Assigned Special Tax for Facilities computed pursuant;to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax the Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities applicable to all Assessor's ,Parcels of Taxable Property, at buildout, as reasonably determined by the City. „3..- Multiply the, larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds. The product shall be the "Bond Redemption Amount",,,,,- , 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with .the proceeds, of the Bond Redemption Amount. This product is the, "Redemption Premium." 5. , Compute the Future Facilities Cost.. City of Lake Elsinore' June 30, 2005. Community Facilities District No. 2005 -2 (Alberhill Ranch).; ,. Improvement Area C - AGENDA ITEM N0. Page 49Y2 PAGE�OF City of Lake Elsinore 'Exhibit "B" June 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page &50 f Rate ' &.Method of Apportionment 6: Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the amount determined pursuant to paragraph 5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount "). 7:. Compute the amount needed to pay interest on the Bond Redemption Amount to ` be redeemed with the proceeds, of the Prepayment .Amount until the earliest redemption date for the Outstanding Bonds. 8. Determine the actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 9' Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus' the Redemption Premium until the earliest redemption date for the Outstanding Bonds a 10. Add-the''amounts computed pursuant'to: paragraph 7 and - 8 and subtract the amount computed pursuant to paragraph 9. This .difference is the "Defeasance Cost. 11. Estimate the administrative fees and expenses' associated with the prepayment, including the costs' of computation' of the Prepayment Amount, the costs of nredeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 12. Calculate the "Reserve Fund Credit" as the lesser of (a) the expected reduction in 'the applicable' reserve requirements; if any; associated with the redemption' of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds . as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no, Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than 0. 13.1 If any capitalized interest for the'Outstandiing Bonds' will `not have been expended as of the date immediately following ;the "first interest and/or'principal payment following the current Fiscal'Year a capitalized` interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the expected' balance in the capitalized interest-fund or account under`the Indenture after such first interest and/or principal payment. This amount is the ``Capitalized Interest Credit." 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, ^ the Redemption Premium, the Future Facilities Amount, the Defeasance Cost, and City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005- 2'(Alberhill Ranch) ' Improvement Area C AGENE➢A ITEM N PAGE •7 „City of Lake Elsinore ;Exhibit.`B” June30,2005 CFD_ No. 2005 -2 (Alberhill Ranch) Page B-51. ,Rate & Method of Apportionment the Administrative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit. _ 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 10, 12,, and 13 shall be deposited into the appropriate fund as established under the. Indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shal l be retained by Improvement Area B. The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained, in the appropriate, fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. With respect to a; Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area C that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a. suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the.prepayment of the Special Tax for Facilities obligation and the release of the Specia] Tax for Facilities lien on such Assessor's Parcel and the obligation of such Assessor's Parcel to pay; such Special Taxes for Facilities shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in eachfuture Fiscal,Year. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parc&of Approved Property or.Undeveloped Property for which a building permit has been issued or is expected to be issued,, or and Assessor's Parcel of Provisional Undeveloped Property,,as calculated in this Section H below, may be partially prepaid, provided that there are no,delinquent .Special Taxes,; penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Partial Prepayment Amount shall be calculated according to the following formula PP,= (Pc — A) x F +A The terins above have the following meanings: City of Lake Elsinore - - June 30, 2005 Community Facilities District No. 2005, -2 (Alberhill Ranch) Improvement Area C Page 51 AGENDA ITEM NO. 2 — PAGE_Z OF o2 7 Qw) Qr✓ City of Lake Elsinore Exhibit "B" `June 30, 2005 /-� CFD No. 20052 (Alberhill Ranch) _ I I . I I I . Pais B-52 - Rate & Method f. pportionment PP = the Partial Prepayment Amount. ' Pd = . the Prepayment Amount calculated according to Section G. F= the percent by which the' owner of the Assessor's' Parcel is partially prepaying the Special Tax for Facilities obligation. A = the Administration Fee cal culated according to Section G. 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' for Facilities and the percentage by which, the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner "witha statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the furids remitted to it according to Section G, and ' (ii) shall indicate in the'records of CFD No: 2005 -2 that there has been a partial prepayment of the Special Tax 'for Facilities obligation' and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation to indicate the partial prepayment of the Special Tax for Facilities obligation and the partial release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities shall cease. n "Notwithstanding the' foregoing,. no, part ial prepayment will be allowed unless 'the amount of Special Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall 6e at least l.1 times`tlie regularly scheduled annual interest and principal payments on all currently OutstandingBonds in each future Fiscal Year.' SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Assessor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities shall cease not later than the 2043-44 Fiscal Year, however, the Special Taxes for Facilities will cease to be levied in an earlier Fiscal Year if the CFI) Administrator has determined (i) that all required interest and, principal payments'on the CFD No. 2005 -2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2005 -2 have been acquired and all reimbursementi'to the developer have been paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and (iv) all other obligations of lmprovement. Area C. have been satisfied.. SECTION J EXEMPTIONS The City shall classify as Exempt Property, iq order of priority; (i) 'Assessor's Parcels which are owned by, irrevocably offered' for dedication, encumbered by or restricted in `use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels City of Lake Elsinore ',June 30, 2005 Community Facilities District No. 2005 -2 (Allerhill Ranch) - - ' ImprovementArea.0 Page 52 AGENDA ITEM NO PACE 6c) OF .2/7 City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No: 2005-2 (Alberhill Ranch) Page &53 Rate & Method of Apportionment r '1 which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for, dedication, encumbered by or restricted in use by a homeowners' association, :,(iv) Assessor's Parcels with public or.utility!easements making. impractical their utilization for other than the. purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered.by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council,' provided that no such classification would reduce the sum,of all Taxable Property , to less than 42.48 Acres for Zone 1 and 8.50 Acres for,Zone 2. Notwithstanding the above, the City. Council shall not classify an Assessor's Parcel as Exempt Property if such, classification would reduce the sum of all Taxable Property to less than 42.48 Acres for Zone I and 8.50 Acres for Zone 2. Assessor's Parcels which cannot be classified as Exempt Property because such, classification would reduce the Acreage of all Taxable Property to less than 42.48 Acres for Zone. l and 8.50 Acres for Zone 2 will be classified as Provisional Undeveloped Property, and will be subject to Sgecial Taxes for Facilities pursuant. to Step Five in Section F.; SECTION K MANNER OF COLLECTION The Special Tax for Facilities shall ,be collected in the same manner and at the same time as ordinary ad valorem property taxes,. provided, however, that Improvement Area C may collect Special.Taxes for• Facilities at a different time or in a different manner if necessary to meet its financial obligations* -and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. SECTION L SPECIAL TAX FOR SERVICES The following additional �definiti,ons apply`to this'Section L "Developed Multifamily, Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall, have at least one common wall with another dwelling unit and a building permit has been issued by" the City for such dwelling uniton or,prior to May. I preceding the Fiscal .Year,in which the Special Tax for Sery ices 'is being levied. "Developed Single Family Unit" means a,residential dwelling unit other than' a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May I preceding the Fiscal. Year in which the Special Tax for Services is being levied. "Maximum Special Tax for, Services" means the maximum Special Tax for Services that can be levied by Improvement Area in any,Fiscal Year on any Assessor's Parcel., City of Lake Elsinore - - June 30, 2005 `�✓ Community Facilities District No. 2005 72 (Alberhill Ranch) Improvement Area C Page 53 AGENDA ITEM iW' PACE_ v �F_ 217 City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 20052 (Alberhill Ranch) Page &54 Rate 9-Method of Apportionment "Operating Fund" means a fund that shall be maintained for Improvement`Area C -for any Fiscal Year to pay for the actual costs of maintenance related. to the, Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and'stomi drains. "Special Tax for Services" means'any'of the special taxes authorized'to be levied within CFD No. 200572 pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for'Services" mean's the amount determined in any Fiscal Year for Improvement Area C equal to .(i) the' budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service, Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii), anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2005 -2 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. . 1 1. Rate and Method of Apportionment of the Special Tax for Services Commencing Fiscal Year 2005 -06 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2005 -06 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area C may f City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005- 2.(Alberhill Ranch) , ; Improvement Area C Page 54' AGENDA ITEM NO. 7 PAGE 7! OF oL! City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 2005.2 (Alberhill Ranch) Page B-55 iRate & Method of Apportionment collect the.Special Tax for Services, at a different time or in a different manner if necessary to meet its funding requirements.' SECTION M, APPEALS Any property owner claiming that the amount or application of the Special, Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the, first ,installment of the Special Tax that,is disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet ;with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the CFD Administrator's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last ' year of levy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). The City Council may' interpret this Rate and Method of Apportionment for 'purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or residents appeals. Any decision' of the City Council shall be final and binding as to all persons. City.of Lake Elsinore Community Facilities District No. 2005- 2(Alberhill Ranch) Improvement Area C June 30, 2005 Page 55 AGENDA ITEM PAGE 2,Z OF 7 City of Lake Elsinore Exhibit "B': June 30, 2005 CFD No. 2005 -2 (Mberhill Ranch) Page B-56 f Rate & Method of Apportionment EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO. 2005 -X CERTIFICATE 1. Pursuant to Section _ of the Rate and Method of Apportionment of Special Tax (the "RMA' ), the City of Lake Elsinore (the "City") and Community Facilities District No. 2005 - X of the City of Lake Elsinore ( "CFD No. 2005 -X ") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property [within such Improvement Area]: (c) The information in Table 1 relating to the Maximum Special Tax for Facilities for Developed Property and/or Undeveloped Property within [Improvement Area X or CFD No. 2005-X] shall be modified as follows: 7 [insert Table I showing effective change to special tax rates and/or insert change to special tax rates for Undeveloped Property] 2. Table 1 may only be modified prior to the issuance of Bonds. ^ 3. Upon execution of the Certificate by the City and CFD No. 2005 -X the City shall cause an 1 amended Notice of Special Tax Lien ffor the Improvement Area] to be recorded reflecting the modifications set forth herein. 1 ' By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2005 -X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE By: Date: CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 2005 -X OF THE CITY OF LAKE ELSINORE Lo Date: City of Lake Elsinore Community Facilities District No. 2005 -2 (Albeibill Ranch) Improvement Area C. June 30; 2005 Page 56 e? 9 AGENDA U IAi t i — PAGE %L—OFD City of Lake Elsinore Exhibit "B" June 30, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page B -57 Rate &.Method of Apportionment W City of Lake Elsinore June 30, 2005, Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area Page 57 ` AGENDA ITEM NO. 22 PAGE ? q OF o2 / 7 City'ot Cake Elsinore Exhibit "B" June 30; 2005 r'\ CFD No. 2005 -2 (Alberhill Ranch) Page &58 Rate & Method of'Appoitionment.. _.., _ .... ._ n W a a m dy 1 0 U0 U W a a i W ToW.. :t' its :,,,`r• _ ,, V)0 J � � Ei N UU — Y :m w ,0 0 U U o `dye aoy� t City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) -Improvement Area C June 30, 2005 AGENDA ITEM NO. Page 58 79 PACE 75 OF a i L7 City of Lake Elsinore EXHIBIT "C" August 15, 2005 CFD No. 2005 -2 (Alberhill Ranch) Page C -1 _ s Property Owner List City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) Property Owner List All property owned by Castle & Cooke Alberhill Ranch, LLC.. Q.r.) n Q c7 N' r � w O O O O O M' V M P vl N. N l/1 O O N Oa rrO-s� W N r N c °� x CL b e,: 3 a' O G o 0 0 w'O Y xxxz''¢H z'F:u a UUwww ti C6 N v1 V1 M N P 1 , 0 - x x .-i 69 fA � V3 .Vi Y3 69 69 fA 69 - H3'.Vpi 69 69 69 69 m. u L > p a W L d ' N 69 69 _- b9 -b9 b9. 69 69 b9 fA f9 d3 fA� 69 b9 69 d' r.+ U O O O O O M K M P v1 N NV10 O M N - 0 b9 ': fA..M 69 f9 69 fA 69 6q 69 fA 69 69 b9 N O yy O� z M N N a� V � �L 69 69 69 69 vf. 69 N3 69 b9 64 69 f9: 69 fA ' 4 Q 0 5 o d z d L L r C 0Y L LUX E ca s i F» us us us en s5 sa sv v, us. vi F» us - _ J p c U L cl O '.� �LL UUW[�, .O69 fA fA 69 M N 69 fA b9 v v i Q c7 w O O O O O M' V M P vl N. N l/1 O O M Oa rrO-s� W N c °� x ,°o b e,: O G o 0 0 w'O xxxz''¢H z'F:u a UUwww C6 N v1 V1 M N P , .-i 69 fA � V3 .Vi Y3 69 69 fA 69 - H3'.Vpi 69 69 69 69 ' N 69 69 _- b9 -b9 b9. 69 69 b9 fA f9 d3 fA� 69 b9 69 U O O O O O M K M P v1 N NV10 O M - N Vi - .. b9 ': fA..M 69 f9 69 fA 69 6q 69 fA 69 69 b9 yy O� N M N N � � 69 69 69 69 69 vf. 69 N3 69 b9 64 69 f9: 69 fA ' es s i F» us us us en s5 sa sv v, us. vi F» us - _ '.� .O69 fA fA 69 M N 69 fA b9 i Q c7 Oa rrO-s� W N c °� x ,°o e,: O G o 0 0 w'O xxxz''¢H z'F:u a UUwww AGENDA ITEM NO.__2.2__ PAGE 2 2 OF e2 12 ' .y N N O � N m r� m d- Q m S d � Y w y o Y N O U U P w x H i LU w Fj U � o N � O N N gz W O N1 r c M � M O� O O � e N � V a O b h e M Q ^ O � o V T F� W T e V T v F m m / o � 7 AGENDA ITEM NO. 9 0 PAGE )k OF z) 7 r7 63 fA Hi M Yi 63 Vi Vi V3 69 69 Vi d3 63 - �"O O NO hOh NOy0000 V Yl O O. N r N �O N O vl J 0 _ " N fA 69 FA 63 69 69 69 69 FA Vi Vi 69 W fA "- 6 h0 Oh N. Or MNmO N.N-.O VhiOC h " N b3 Vi f9 fA 69 fA 63 fA fA 69 63 63 fA fA O O (11T N.N. � N b y O O N M N ' M yq fA fA 63 63 to Vf d3 Vi fA fA fA 69 Vi. r1 h V h . M'63 (A Vi di 69 d3 Yf Yi 6) V3 b3 £A (A'63 4 o M h a a a0 lVae Cq RR N T M .: vl Q ..1 A � 69 69 - K 69 �A'63 69 63 FA 63 fA 69 fA 63 rC� N N VOi � O O O O 1 o} O ^ 29 N �D 63 N ^ O ✓1 ^ 1(% CG O s9 Vf 69 (A M� N� fA V3 FA C; O N � O z Q ab W a c3 CN �8 h cy�zD� .Jw . 4• 7 a. o E O� � �:a o O m� O o� �j 3 a o q �i O U U w w w Fj U � o N � O N N gz W O N1 r c M � M O� O O � e N � V a O b h e M Q ^ O � o V T F� W T e V T v F m m / o � 7 AGENDA ITEM NO. 9 0 PAGE )k OF z) 7 n N ! t Q O' O M 00 V1 M� Nl0 �D O O O O O t� C� 7 N O "M II �^ V3 V3 69 Vi 69 69 69 6969 69'69 69 69 69 69 " - •i 69 - 69 - 69 69'69 69 69 69'69 69 Vi 69 69 69 69 O o o O O O - ' N fi OO O 'n -4, N .. N - si •. .. fA. 69 ..- 69 Vi 69 Vi 69 69 69 V3 Vi 69 69 69 69 G% pOO; r-: C� N. t O p ( QQ QQ O o Cl w I .. 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Vl aLi .a n � 69 � 69 69 ds 69 F» 69 z9 69 69 v7 en e7 zs 1 � O 69 N b fA- N V Vl � O 69 69 64 69 � N� 69 69 69 O o N C A L m q M V. e 0 V a o m C oN o C i 707 C3 zi W .0 ai C m v o w p L: Q o W y N S x ✓' y N id ctl p W C cR N 1 1 03Uww30 wS 0 0 9 ro m v 3 o U V A�iENl7%� � clrl nv. L'J PAGE_OF o2 l7 T i .y 1 o � N � rrn a a a' m LU a 5 m m � Y 0 c m y w uS nmo Y J C O Z U 0 U x a r w N tC L ".y a N N ^'� fA - ' fA - 69 69 69 b9 69 fA 6A Vpi 4H V3 H9 iA V3 NN, Ob Q 0� ii 'y 1p .. � r - .. ' �'b9.: ,_ 69 '69 6R 69 69.69 N3 69 'fA'69 69 69 fpA ,. .• 69 .. N O: QJ' U9' '� vi 69696969 v, .�vp,'v, 6s 69 � N .vii Q y V A Mph p o > o o a o x 7 'w�.x.�d��;'ydy�zv,,. F o rL4 ww ca 3 0 UU.,W W. xxxz ¢Ezwi�uwUVww,w $¢ AGENDA ITEM N0. i -l. pAGE_T2�OF ,217 q o o0 0 0 , -�ri a;ra; vi �d�aoo N N M ,My' - d d d ti� r M � �fA 6 . - $ $9 � 69 f fA fA b9 69 b9 69 69 -Hi � 69 O 00 r Q pp a av r a N N ^'� fA - ' fA - 69 69 69 b9 69 fA 6A Vpi 4H V3 H9 iA V3 NN, Ob Q 0� ii 'y 1p .. � r - .. ' �'b9.: ,_ 69 '69 6R 69 69.69 N3 69 'fA'69 69 69 fpA ,. .• 69 .. N O: QJ' U9' '� vi 69696969 v, .�vp,'v, 6s 69 � N .vii Q y V A Mph p o > o o a o x 7 'w�.x.�d��;'ydy�zv,,. F o rL4 ww ca 3 0 UU.,W W. xxxz ¢Ezwi�uwUVww,w $¢ AGENDA ITEM N0. i -l. pAGE_T2�OF ,217 AGENDA ITEM N0. i -l. pAGE_T2�OF ,217 JOINT COMMUNITY FACILITIES AGREEMENT — CAL TRANS �+ CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -2 (Alberhill Ranch) . This Joint Community Facilities Agreement — Cal Trans. (the "Agreement') is made and entered into effective this day of 2005, by and between the City of Lake Elsinore (the "City"), Castle & Cooke Alberhill Ranch, LLC, a California limited liability company ( "Castle & Cooke "), and the State of California Department of Transportation (the "Participating Agency "). The City, the Participating Agency, and Castle & Cooke may be referred to herein individually as "Party" and collectively as "Parties ". WITNESSETH: A. WHEREAS, the City intends to form the City of Lake.Elsinore Community Facilities District No. 2005- 2-(Alberhill Ranch) (the "CFD'), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act'), being Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, and the City intends to issue bonds on behalf of the CFD, in one or more series (the "Bonds ") under the Act in order to finance various public improvements necessitated by development occurring in the City; and B. WHEREAS, Castle & Cooke is the owner of Tract'Nos. 28214 and 30836, which are r l currently planned for 1,181 single family residential units and 389 multifamily residential units and located within the proposed boundaries of the CFD, and the boundaries of such tracts are coterminous with the CFD; and C. WHEREAS, the public improvements to be financed by the CFD include those improvements described in Attachment A hereto (the "Improvements "), which Attachment is, by this reference, incorporated herein; and r- D. WHEREAS,, the Parties hereto expect that the Participating Agency will subsequently own and operate the Improvements once they comply with the standards of and have been ,:completed to the satisfaction of the Participating Agency; and E. WHEREAS, Section 53316.2 of the Act requires that the City enter into a joint ;community facilities agreement'with the Participating Agency with respect to the Improvements, which Improvements are to be financed, in part, with the proceeds of the Bonds, and, upon completion, those Improvements are to be owned and operated by the Participating Agency; and, F. WHEREAS the City and . the Participating. Agency now desire to enter into this .Agreement to satisfy the requirements of Section 53316.2 of -the Act and to memorialize their understanding with respect to the use of a portion of the proceeds of the. Bonds and. the construction and ownership of the Improvements, all as more particularly set forth below. NOW, THEREFORE,- in consideration' of the foregoing and mutual covenants set forth below, the Parties hereto do hereby agree as follows: _ t AGENDA ITEM NO.� 00 PAGE OF ' Section 1. Reservation of Bond, Funds. A. , The City intends to reserve, a portion of the proceeds of the Bonds to'finance all or a portion of, the costs incurred., in .connection 'with, the acquisition and construction of the Improvements. Said,amount, together with any investment earnings thereon, shall be held in an account within the Improvement Fund established for the CFD (the "Improvement Account") for the sole and exclusive benefit of the CFD, and such amount shall in no way be pledged as security for the Bonds. B. Other than the Bond proceeds made available through the.CFD for the acquisition and ,,,construction of the Improvements, the City shall have no obligation to pay for any of the costs of the Improvements, including, but not.limited to,,any costs of planning, acquisition,. construction, installation or inspection of the Improvements.. Any costs of the Improvements-in excess of the available proceeds of the, Bonds will be paid from other legally available funds, subject in any event to the provisions of Section 18 of this Agreement. C. Pursuant to the provisions of Section 18 of this Agreement the Participating Agency s shall have no obligation to pay, for any of the costs to complete,`operate and maintain the Improvements unless sufficient revenues are allocated within the annual State Budget Act by the Legislature, the California Transportation Commission and the State Department of Finance for such purposes, and will only accept those Improvements, which conform to all of the Participating Agency's standards and are free and clear of all liens, assessments, stop notices and other obligations. Section 2. Construction of Improvements. A. The Improvements ,have been or will be constructed pursuant to plans and specifications approved by the Participating Agency. All construction not yet completed will be done by independent contractors supervised and administered under an Acquisition Agreement .between the City and Castle & Cooke.. The Participating Agency shall not have any liability whatsoever with respect to any work performed in connection with the Improvements; provided that this sentence shall in no way limit any rights the Participating Agency may have obtained and/or reserved against any,persons or entities in respect of the acquisition or construction of the Improvements once the Participating Agency accepts title to and control over the Improvements. t B. To the extent that the Participating Agency incurs_ expenses incident to reviewing and approving design plans and specifications; conducting construction. field inspections, and testing in connection with the design, construction and acceptance of the Improvements (collectively, the "Services "), such,expenses shall be reimbursed by the City to the Participating Agency upon presentation of/invoices specifying the nature and amount of such costs and expenses, from available,amounts in the Improvement. Account, or if there are no such available funds, then from other legally available funds.. , C. It is hereby acknowledged that, as provided:in Subpart A of Section 1 above, the City will reserve a portion of the Bond proceeds to pay costs related to the acquisition and construction of the. Improvements, including - .costs of planning and engineering, and these Improvements will be constructed under the applicable Encroachment Permit procedures of the Participating; Agency. „ 21 AGENDA ITEM NO._'7�'7_`. PAGE. -LL-OF 2 17 Section 3. Inspection and Acceptance: Use of Bond'Punds. A. The Participating Agency shall cause inspections to be'made during the construction of the Improvements in accordance with its customary procedures for construction projects of a similar nature. Upon completion of construction of the Improvements to'the satisfaction of the Participating Agency „the Participating Agency shall accept dedication of the Improvements in accordance. with its customary procedures and those of�the California Transportation Commission ( "CTC "), if applicable, and shall accept ownership, and responsibility for operation of the Improvements conditioned upon the passage to the Participating Agency of fee title, clear of all hazardous materials, encumbrances and easements not! otherwise 'acceptable to the Participating .Agency in its sole discretion.. The Participating Agency shall have no responsibility with respect to the ownership or operation of the dniprovements unless'and until tconstruction has been completed to the satisfaction of the Participating Agency and all' costs incurred,: by the Participating Agency to provide the Services' are fully reimbursed. The City shall have no obligation at anytime to own or operate any of the Improvements once constructed and accepted by the Participating Agency. B. The City shall disburse the proceeds of the Bonds described in Section l above to pay or reimburse' payment of the costs incurred by Castle & Cooke in constructing the Improvements and for those Services costs described in Subpart B of Section '2 above, pursuant to and in a manner provided for in the'applicable Acquisition Agreement (or similar agreement) with the City. Section 4. Limited Obligations- A. All obligations of the City under and pursuant to this Agreement shall be limited to the amounts on deposit in the Improvement Account and identified in Section 1 above. No council member, officer or employee of the City shall in "any event be' personally liable hereunder. The City shall require any contractor performing work 'on the Improvements to obtain a standard form of Encroachment Permit issued by the Participating Agency before any 'work not yet completed or undertaken is performed on Participating-Agency -owned property. B. The sole obligation of the Participating Agency hereunder shall be to provide the inspection services specified herein and accept'the Improvements as described above. The Participating Agency shall have no responsibility or obligation with respect to the Improvements for any action occurring prior to acceptance by the Participating Agency., for any reason whatsoever, there are insufficient funds to complete the Improvements or any portion thereof,. the Participating Agency shall have no obligation to fund any such shortfall, but the landowner responsible for constructing the Improvements shall be responsible for restoring the Participating Agency's properties abutting the Improvements to a state of safety necessary' to protect the traveling public or, to its original condition, at the sole discretion of the Participating Agency. 'If the Participating Agency shall fail to perform any of its obligations hereunder, the'sole remedy of the City shall be the commencement of an action in the Superior Court for specific performance by the Participating Agency of such obligations. Section 5. Termination. , Notwithstanding any other provision of this Agreement; this- Agreement shall cease to be effective and shall terminate if the Bonds are not issued by March 1, 2007. If not earlier terminated pursuant to the preceding sentence, this Agreement shall terminate upon the earlier of December 31, 2011, or acceptance of the ownership and operation �J 3 AUENDA ITEM No. 2 9 pAOE L'i OF 0217 Y 'Y of the Improvements by the Participating Agency, and disbursement from the Improvement Account of all amounts made available to the City to pay costs of the Improvements and the Services. Section 6. No Obligation to Form CFD: Agreement of Benefit to Residents. The provisions of this Agreement shall in no way obligate the City to issue the Bonds for the,CFD. Notwithstanding the foregoing, by their respective approvals of this Agreement, the City and the Participating. Agency have each declared and hereby confirm that this Agreement is beneficial to the residents or users of facilities within the jurisdiction' of their respective entities in assuring the provision of financing for all or a portion of the costs of the Improvements in furtherance of the purposes of the Act. Section 7. Partial Invalidity. If any part of this Agreement is held to be illegal or unenforceable, by a court of competent jurisdiction, the remainder: of this Agreement shall be given'effect to the-fullest extent reasonably possible.,`' " Section 8. Successors and Assigns. This Agreement shall'be binding upon and inure to the benefit of the successors and assigns of the-Parties hereto. This Agreement is for the sole benefit of the City, Castle &, Cooke. and the Participating Agency and their successors and 1. assigns,, and no other person or entity shall be deemed to be a,.beneficiary hereof or have an interest herein. Section 9. Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to. any party or other person shall be deemed to have been received when personally delivered or three (3) business days afterAeposit of the same in the United States Post Office registered or certified, postage prepaid, or by overnight delivery addressed as follows: City: City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Attention: City Manager Participating Agency: Califoriva Department of Transportation - District 8 464 Wesf 4t Street San Bernardino, CA 92401 Attention: District Director Castle & Cooke: Castle & Cooke Alberhill Ranch, LLC 17600 Collier Avenue, Suite C120 Lake Elsinore, CA 92530 Attention: M.J. "Tom" Tomlinson Each Party can change its address for delivery of notice by delivering written notice of such change of address to the other Party within ten (10) calendar days prior to such change. 4 AGENDA ITEM NO.s PAS 2'5 OF -2) N -i� Section 10., Captions. The captions to Sections used herein are for convenience purposes only and are not part of this Agreement.: Section 11. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Section 12. Entire Agreement.,This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Agreement. Section 13. Amendments. This Agreement may be amended or modified only in writing executed by the authorized representative(s) of each of the Parties hereto. Section 14.. Waiver. The failure of.any Party hereto to insist on compliance with any of the terms, covenants or conditions of this.Agreementby any other Party hereto, shall not be deemed a waiver of such terms, covenants or conditions of this Agreement by such other Party, nor shall any waiver constitute a relinquishment of any other right or power for all or any other times. -Section 15. 'Attoinevs' Fees: In the eSent of the bringing of any action or suit by any Party against any'other'Paity arising out of this Agreement, the Pai-ty in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorneys' fees. Section' 16. Signatories. The signatories `hereto represent `that they have been appropriately authorized to enter into this Agreement on behalf of the Party for whom they sign. Section 17. Execution in Counterparts. This Agreement may be` executed 'in counterparts, each of which shall be deemed an original. Section 18. No Participating Agencv Funding. The Participating Agency has not budgeted or appropriated any fiinds, for "the purposes of financing the Improvements, the Services, or its other obligations under this ;Agreement, as all work relative to the portion of the Improvements financed with Bond p'roceeds'that is to be performed by the Participating Agency is to be fully reimbursed by the,CFD. Any, and all obligations assumed by the Participating Agency under this Agreement that are not fully reimbursed by the CFD are conditioned upon the creation, allocation, and encumbrance of sufficient revenues and resources within the annual State Budget Act by the Legislature, the California Transportation Commission, and the State Department of Finance and the Participating'Agency for the purposes described herein. mss/ �..t/ 5 AGENDA ITEM NO. Q� PAGE S(o OF ,2 / 7 IN WITNESS WHEREOF,.the Parties hereto have executed,this Agreement as of the day and year written alongside their signature below. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (the "Participating Agency ") Date of Execution 2005 By: Its: -y Ap s to Formand Proc ure ... By: Atto ey. r Department of Transportatio -' - l ' CITY OF LAKE ELSINORE (the "City') Date of Execution: 12005 By: City Manager, CASTLE & COOKE ALBERHILL'- RANCH, LLC, a California Limited Liability Company ( "Castle & Cooke ") Date of Execution: 2005 By: Name: IJ �Ht�go'1 Title: V�- 40.,8,1 Name(- /u .J.:Vk,A Xa evw Title: 1�•1' LA'tJT--) Din% li(a%.Je. 6 AGENDA ITEM NO.—Q:d. PAGE_ (r /_ ? s _y ATTACHMENT A DESCRIPTION OF THE IMPROVEMENTS 1. Lake Street at I -15 Freeway Improvements at intersection including but not limited to roadway realignments for paving and striping in Lake Street; On Ramp /Off Ramp lane width widening and/or striping; drainage improvements where appropriate; any applicable landscape and irrigation improvements and erosion control measures; and the installation of traffic signals at both the Southbound and Northbound 1 -15 onramp /off ramp locations. 2. Nichols Road at I -15 Freeway: Improvements at; intersection including but not limited to On Ramp /Off Ramp lane width widening and/or striping; any applicable landscape and irrigation improvements and erosion control measures; drainage improvements where appropriate; and the installation of traffic signals at both the Southbound and Northbound I -15 On Ramp /Off Ramp locations. The cost of the Improvements shall include all costs of site acquisition, planning, design, engineering, legal services, materials testing, coordination, surveying, construction staking, construction, inspection and any and all appurtenant facilities and appurtenant work relating to the foregoing. The Improvements listed above are representative of the types of facilities eligible to be financed by the CFD. Detailed scope and limits of specific Improvement projects will be determined as appropriate, consistent,with the standards of the Participating Agency. n ti n JOINT COMMUNITY FACILITIES AGREEMENT AGENDA ITEM NO.�2 PAGE OF JOINT COMMUNITY FACILITIES AGREEMENT BY AND AMONG CITY OF LAKE ELSINORE, ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND CASTLE & COOKE ALBERHILL RANCH, LLC (Community Facilities District No. 2005 -2 ( Alberhill Ranch) of the City of Lake Elsinore) ' THIS JOINT COMMUNITY FACILITIES AGREEMENT ( "Agreement ") is made and entered into as of the day of , 2005, by and among the- ELSINORE VALLEY MUNICIPAL WATER DISTRICT, County of Riverside, State of California, a municipal water district ( "EVMWD ") organized and operating pursuant to the Municipal Water District Law of 1911 as set forth in the California Water Code, the CITY OF LAKE ELSINORE, a municipal corporation ( "City "), and CASTLE & COOKE ALBERHILL RANCH, LLC, a California limited liability company ( "Property Owner "), with respect to Community Facilities District No. 2005 -2 ( Alberhill Ranch) of the City (the "CFD "). RECITALS• A. Property Owner is the owner of certain real property located within the boundaries of EVMWD and the City and depicted in Exhibit "A" hereto (the "Property"). The Property consists of the Alberhill Ranch master planned community. B. Property Owner intends to develop the Property for residential purposes and has obtained or intends to obtain the necessary development approvals to construct approximately 1,181 single family detached residential units and 389 multifamily residential units. Development of the Property shall be referred to as the "Project." . C. The Project will require the. payment, pursuant to the rules and regulations of EVMWD, as amended from time to time ( "EVMWD Rules and Regulations "), of certain EVMWD Charges (defined below). An amount equal to all or a:-portion of the EVMWD Charges may be paid directly to EVMWD from time to time out of Bond Proceeds (defined below) pursuant to this Agreement. D. The Project will also benefit, in whole or in part, from the construction of certain Acquisition Facilities (defined below and described on Exhibit "B" attached hereto). EVMWD and the Property Owner agree that any Acquisition Facilities to be constructed by Property Owner shall be eligible for acquisition by EVMWD and the costs thereof shall be eligible for reimbursement out of Bond Proceeds pursuant to this Agreement. AGENDA ITEM N0. PAGE 9U _OF 17 IN E. In conjunction with the recording of the final subdivision map(s) for the Project, the issuance of building permits for the construction of homes within the Project and/or receipt of water meters for such homes, it may be necessary for Property Owner, or its successors or assigns, to provide a security deposit for EVMWD Charges to EVMWD (the "Deposits ") before any Bond Proceeds are available to pay for EVMWD Charges. In such case, Property Owner shall be entitled'to,(i) reimbursement of such Deposits.and'(ii) credit for payments made to EVMWD from Bond Proceeds -for EVMWD Charges which' would otherwise be due to EVMWD in conjunction with the Project, all as further described herein. F. The Project will also require certain public improvements to be owned, operated ` or maintained by the City, or to which the City contributes revenue (the "City Improvements") and public improvements to be owned, operated, and maintained by the California Department of Transportation ( "Caltrans Improvements"), which will also be eligible for financing through the CID. F. G. Pursuant to the request of the Property .Owner, the City Council of the City intends to form'the CID `pursuant 'to the Act (defined below) and designate three improvement. areas within the CFD (each an "Improvement Area ")'to provide financing of the EVMWD' Charges, Acquisition Facilities, Caltrans Improvements, and City Improvements through the levy of special taxes and issuance of bonds of the Improvement Areas. H. City and EVMWD', are authorized by -Section 53313.5 of the Act to pay for or finance, by means of the' CFD, the EVMWD' Charges, 'Acquisition Facilities and City Improvements. This Agreement constitutes a joint community facilities agreement" within the meaning of Section 53316.2 of the Act by and'among EVMWD, the City and Property Owner, pursuant to which the CID, when formed; will be authorized to finance the City Improvements, Caltrans Improvements, and EVMWD Charges and to finance the construction and acquisition of Acquisition Facilities. As provided by Section 53316.6 of the Act, responsibility for providing and operating the Acquisition Facilities is delegated to EVMWD to the extent set forth herein and responsibility for constructing, providing and operating the City Improvements is delegated to the City. I. The provision of the City Improvements, Caltrans Improvements, Acquisition Facilities and EVMWD Charges is necessitated by the Project, and the parties hereto find and determine that the residents of the City and EVMWD will be benefited by the payment of, EVMWD Charges and construction and acquisition of the Acquisition Facilities and`the City Improvements and Caltrans Improvements and that this Agreement is beneficial to the interests of such residents.. . ARTICLE I GENERAL PROVISIONS- Section 1.1 Recitals. The above recitals are true and correct and are hereby incorporated by this reference. . T AGENDA HEM NU- p_2L�OF z Section 1.2 Definitions. - Unless the content clearly otherwise requires, the terms defined in this Section shall, for, all purposes of this Agreement, have the meanings herein specified. (a) "Act" means the Mello -Roos. Community Facilities Act of 1982, as, amended, commencing with California Government Code Section 53311, et seq. (b) "Acquisition Facility or Facilities" means those sewer and water facilities' listed on Exhibit "B' hereto, which are eligible to be constructed by. the Property Owner, acquired by EVMWD, and paid for with Bond Proceeds. (c) "Acquisition Price" means the amount to be paid out of Bond Proceeds for an Acquisition Facility. (d) "Actual Costs" with respect to an Acquisition Facility includes: (i) the actual hard construction costs including labor, materials, and equipment costs, (ii) the costs incurred in design, engineering and preparation of plans (iii) the fees . paid to consultants and government agencies in connection with and for obtaining permits, licenses or other required governmental approvals, (iv) a construction, management fee, of 5% of the costs described in clause (i) above, (v) professional costs such as engineering, legal, accounting, inspection construction staking, materials testing and similar professional services, (vi) costs of payment, performance of maintenance bonds, and insurance costs (including the costs of, any title insurance) and (vii) the value of any real property or interests therein that (1) are required for the construction or operation of the Acquisition Facility such as pump station and reservoir sites, •s� temporary construction easements, haul roads, etc. and (2),are required to be conveyed with such, Acquisition Facility in an amount equal to the fair market value of such real property or interests therein.. (e) "Agreement'_' means this Joint Community Facilities Agreement. (f) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net funds generated, by the sale of the Bonds. . ; (g) "Bond Resolution" means that Resolution, Resolution Supplement, Fiscal Agent Agreement, Indenture of Trust or other equivalent document(s) providing for the issuance of the Bonds. (h) "Bonds" shall mean those bonds, or other securities, issued by, or, on behalf of the CID, as authorized by the qualified electors within the CID. (i) "CFD" means Community Facilities District No. 2005 -2 (Alberhill Ranch) of the City of Lake Elsinore. (j) . "Deposits" me ans a deposit of EVMWD Charges made by the Property Owner prior to the disbursement of Bond Proceeds to EVMWD for EVMWD Charges 3 AGENDA ITEM► ND.� PAGE Cld- OF_L /�7 (k): "Engineer" means the. engineering firm or in -house personnel used by EVMWD to determine the value, of an Acquisition Facility, to be acquired with Bond Proceeds. (1) " EVMWD Charges'° means water connection fees, sewer connection fees, annexation fees, sewer treatment capacity 'charges and all components thereof EVMWD imposed upon the Project to pay for the provision of water and sewer services to and the construction of EVMWD water and sewer facilities required to serve, the Project. (m) " EVMWD Facilities Fund" means the fund, account or sub - account of the CID (regardless of its designation within the Bond Resolution) into "which a portion of the Bond Proceeds; may be deposited in; accordance with the Bond Resolution and Funding.Agreement to finance the construction and acquisition of the Acquisition Facilities and to pay EVMWD Charges. ' (n) I EVMWD Representative" means the EVMWD Chief Engineer or, his . + Designee. (o) "Facilities" means the City Improvements, . Caltrans. Improvements, Acquisition Facilities and EVMWD Charges. (p) "Field Engmeer" shall have the meaning ascribed to the term in,Section 3. . (q) "Funding Agreement" shall mean the Funding, Construction and /1 Acquisition Agreement between City .and Property Owner relating to the CFD, as it may be amended from time to ti me. (r) ._ "Improvement Area" shall mean any of the three improvement areas to be designated within the CID. , (s) "Party" or "Parties" shall mean any one or` all of the parties to this' Agreement,'including, the CFD which; upon its formation, shall be considered to be a party to this Agreement and bound by its provisions. (t) "Plans and Specifications' shall mean the plans and specifications for the design: and construction of an Acquisition Facility; as approved, by EVMWD, which1appioval shall not be "unreasonably withheld.. . (u) "Rate and Method" means t}e` Rate and Method of Apportionment of the Special Tax for each Improvement Area authorizing'the levy and collection of special taxes pursuant to proceedings undertaken for the 'formation of the CID pursuant to the Act. (v) "State" means the State of California. (W) "Special Taxes "-means the',special' taxes authorized to be levied and collected within an Improvement'Area pursuant to the Rate and Method. (x) "Substantially Complete" or "Substantial Completion" with respect to an Acquisition Facility means that such Acquisition Facility is substantially complete in accordance 4 AGENDA ITEM N0. d PAGE 93 OF with its Plans'and "Specifications and is available for userby the public for its intended purpose,_ notwithstanding any final "punch list "items still required"to be completed, unless such items are required for the safe operation of"such Acquisition Facility, and shall be based upon approval of EVMWD's inspectors, which shall not be unreasonably withheld ARTICLE II" " FORMATION OF CFD AND ISSUANCE OF BONDS Section 2.1 Pr000sed'Formation of the CFD.' ' The City "pursuant to the written request of the Property Owner; has initiated proceedings' pursuant to the Act for the formation of the CID, designation of Improvement Areas, -the authorization of the Special Taxes and the authorization of Bonds on behalf of the CID. Nothing contained herein shall be deemed to limit the discretion of the.City in that regard and the City shall have no liability to EVMWD if the CFD is not formed or if the Special Taxes and ' Bonds are not authorized by the qualified electors within the Improvement Areas. Section 2.2' 'Issuance and Sale'of Bonds: In the event the CFD is formed and the Special Taxes and Bonds are authorized, the City Council of the City, `acting as the legislative body of'the CID, may, in accordance with its adopted policies and the Funding Agreement, adopt.the Bond Resolution and issue the Bonds to finance the Facilities. Section 2.3 Bond Proceeds. Upon the issuance and sale of each series of Bonds, and receipt of the Bond Proceeds, the City and Property Owner shall determine the amount of the Bond Proceeds allocable to finance construction and acquisition of Acquisition Facilities and to pay EVMWD Charges in accordance with the Funding Agreement, and shall deposit such amount in the EVMWD Facilities Fund. In conjunction with the recording of the final subdivision maps for the Property, the issuance of building permits for the construction of homes within the Property and/or receipt of water meters for such homes, it may be necessary for Property Owner, or its successors or assigns, to make Deposits before Bonds are issued or Bond Proceeds are disbursed to EVMWD. Upon and following the issuance and sale of the Bonds, Property Owner may execute and submit a payment request,to the CFD in the formaf and meeting the requirements as set forth in the Funding Agreement requesting disbursement , of an , amount equal to all Deposits from the EVMWD Facilities Fund. Within thirty (30) days after EVMWD's receipt of funds pursuant to such disbursement request, EVMWD shall, return, the, Deposits, to Property Owner and credit Property Owner for EVMWD Charges in an amount equal to such disbursement. In the event Bond Proceeds are not disbursed to EVMWD within twelve (12) months after the date of any Deposit, such Deposit may at the written direction of EVMWD be,applied to pay EVMWD Charges and not reflected as a Deposit on the accounts of EVMWD. ,From time to time following the issuance and sale of the Bonds, Property Owner shall authorize EVMWD in writing to request a disbursement from the EVMWD Facilities Fund to 5 AGENDA ITEM NO. PAGE 9 Y OF -21 �7 fund EVMWD Charges. Upon such: notice land EVMWD's receipt,of such disbursement, Property Owner shall be deemed to have satisfied the applicable EVMWD Charges with respect to the number of dwelling units or lots for which the EVMWD Charges would otherwise have been required in an ainount equal to such disbursement. . , Section 2.4 Responsibility for EVMWD Charges and Acquisition Facilities. (a) The Parties hereto acknowledge and agree that the final responsibility for the payment of the EVMWD Charges and the design, construction and dedication of Acquisition Facilities to be constructed by Property Owner lies with the Property Owner. (b) If the amounts derived from Bond Proceeds deposited in the EVMWD Facilities Fund, including investmenveaming"s thereon, if any, are not sufficient to fund the total cost of the EVMWD Charges and Acquisition Facilities to be constructed by Property Owner, the parties hereto agree that all responsibility and liability, for the, amount of such shortfall shall be and remain with the Property Owner and shall not lie with the City, CFD or EVMWD. (c) In`addition:to_ financing the EVMWD Charges, descrilied above, the Parties acknowledge that EVMWD may require the Property Owner, pursuant to the EVMWD Rules and Regulations to' design, .construct: and dedicate to . EVMWD Acquisition Facilities as 'a condition to providing water and sewer service to the Property. The Parties also agree and acknowledge that all responsibility and obligation for the design, construction and dedication of such Acquisition Facilities to ' EVMWD; in accordance' with all applicable statutes and the nEVMWD Rules and Regulations, shall be and remain the responsibility of the Property Owner._ (d)' EVMWD agrees to, utilize ,or- .apply funds provided to it by the CFD, in accordance`with the Acb and other applicable law, and as set forth herein, for, the EVMWD Charges and Acquisition` Facilities to be-constructed by Property Owner. (e) Property Owner shall indemnify, defend, and. harmless, the City, CF and EVMWD, their respective officers,_ employees, and, agents, an D, d each and every one of them from and' against all actions; damages; claims, losses or expenses.of every type and description to which they. may, be subjected or put, caused by Property Owner's design, engineering, construction; and transfer of ownership to EVMWD of the Acquisition Facilities. . (f) EVMWD shall, indemnify, defend, and hold harmless; the City, CFD and Property Owner, their yespe'ctive officers, employees and agents, and each' and every one of them from and against, all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, caused'by EVMWD's design, engineering, construction, and acquisition of facilities constructed with the proceeds of the EVMWD Charges. Section 2.5 Resuonsibility for Debt Service or Special Taxes'. EVMWD' shall have no obligation; responsibility, or authority" with respect- to the issuance and said of` the Bonds, 'the Bond Proceeds available'to " finance the construction and acquisition of the Acquisition Facilities and to pay EVMWD Charges, the 'payment of the principal and. interest on the Bonds, or for the levy of the Special Taxes to provide for the 6 AGENDA ITEM NO. PAGEOF .2 / A '4 payment of principal and interest thereon. The CFD shall have the sole authority, and responsibility for all such matters. The Parties hereto specifically agree that the liabilities of the CFD, including liabilities, if any, of the CFD pursuant to the documents providing for the issuance of Bonds, including the Bond Resolution, shall not be or.bedome liabilities of EVMWD. Section 2.6 'Administration of the CFD. - The City shall have the power and,duty to provide for the administration of the CFD once, it is formed, subject to the terms hereof and the Funding Agreement, including employing and compensating all consultants and providing for the various other administration duties set forth iri this Agreement. It is understood and agreed by Parties hereto that EVMWD will not be considered a participant in the proceedings relative to formation of the CFD or the issuance of, the Bonds, other than as a-Party to this Agreement: ARTICLE III CONSTRUCTION AND ACOUISTTION OF ACQUISITION-FACILITIES Section 3.1 Construction of Acquisition Facilities by Property Owner. The following provisions of this Article III, 'shall apply; solely with respect to those Acquisition Facilities to be constructed by the Property Owner and acquired-by E NAVD with Bond Proceeds: (a)', ' Thee Property Owner will complete the' Plans and Specifications, for such Acquisition Facilities. The Plans' and'Specifications shall include EVMWD 's standard specifications and shall be subjectto`EVMWD approval, which'shall not;be unreasonably withheld. EVMWD agrees to process any Plans and Specifications for approval with reasonable diligence and in a timely manner. The Property Owner may proceed with the construction of any such Acquisition Facilities in accordance with the provisions of Section '3.2 hereof. A' qualified engineering firm'(the "Field Engineer ") shall be employed by Property Owner to provide all field engineering surveys determined to•be necessary by;the EVMWD inspection personnel. The Field Engineer shall promptly furnish to EVMWD a complete. set of grade_ sheets listing all locations, offsets, etc., in accordance with good engineering practices, and attendant data and reports resulting from the Field Engineer's engineering surveys and/or proposed facility design changes: EVMWD shall have the right, but not the obligation, to review, evaluate and analyze whether such results comply with applicable specifications. ` (b) A full- time.soils.testing firm, approved by EVMWD, shall be employed by Property Owner to conduct soil compaction testing and certification. Property Owner shall promptly furnish results of all such compaction. testing to EVMWD for its review, evaluation and decision as to compliance with applicable specification's.. In the event the compaction is not in accordance or compliance with applicable 'specifications, Property Owner • shall be,fully, liable and responsible therefore. A final report shall be required fully certifying trench compaction efforts prior to acceptance of each of the Acquisition Facilities. 7 ADEN ®A nEm mo._� PAGE _-2 �%� 17 n (c) The cost of all "'surveying, compaction testing and report costs associated with such Acquisition'Facilities furnished and constructed by any contractors or sub- contractors (collectively, "Contractors ") shall be paid for-by the Property Owner and the costs of such work shall be eligible to be reimbursed from the EVMWD Facilities Fund. (d)' EVMWD shall not be responsible for conducting any environmental, archaeological; biological, or cultural studies or any mitigation requirements related to the Acquisition Facilities to be constructed by, Property Owner that may be requested by appropriate Federal, State, and/or local agencies. -Any such work shall -be paid for and such work shall be conducted by, or on behalf of Property Owner and the costs of such work shall be eligible to be reimbursed from the EVMWD Facilities Fund. Section 3.2 Public,Works Requirements. In order to insure that the Acquisition Facilities to be constructed by the Property Owner, completed after formation of the CED and acquired with Bond.Proceeds will be constructed as if they had been constructed under the direction and supervision, or under the authority of, EVMWD, so that they may be acquired by EVMWD pursuant to Government Code -Section 53313.5, the Property Owner shall complywith all of the following requirements: `(a) The''Property Owner shall: obtain bids" for the 'construction of such 1 Acquisition Facilities in conformance with the standard 'procedures and requirements of f EVMWD with respect to its public works projects or in a manner which is approved by the EVMWD Representative. - (b) ` : -The contract or contracts for the construction of such Acquisition Facilities shall be awarded to the responsible bidder(s)'subriiitting the lowest responsive bid(s) for the construction of such Acquisition Facilities. (c) The Property Owner'shall' require; and the specifications and bid and contract documents shall require all such' Contractors' to pay prevailing wages and to otherwise comply with applicable provisions' of the Labor Code, the Government Code and the Public Contract Code'relating to public works projects and as required by the procedures and standards of EVMWD with respect to the construction of its public works projects. (d) Said Contractors shall be required to furnish labor and material payment bonds and contract performance bonds in an amount equal to 100' percent of the contract price naming the Property Owner and EVMWD as obligees and issued by insurance or surety companies approved by the EVMWD Representative. All such bonds shall be in a form approved by the EVMWD Representative. Rather than requiring its Contractors to provide such bonds, the Property Owner may elect to provide the same for the benefit of its Contractors. (e) All such 'Contractors: shall be required `to provide proof -of insurance coverage throughout the term of the construction•of such Acquisition - Facilities which they will construct in conformance with EVMWD's standard procedures and requirements: g AGENDA ITEM NO._'2,�— PAGE V7 OF -)17 Q.✓ (f) The Property Owner -and all such Contractors shall comply ,with such other requirements relating to the construction of such Acquisition Facilities which EVMWD may impose by written notification delivered to the Property Owner and each such Contractor at any time either prior to the receipt of bids by the Property Owner for the construction of such Acquisition Facilities or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. In accordance, with this Section 3.2, the Property Owner shall be deemed the awarding body and shall be solely responsible for compliance and enforcement of the provisions of the Labor Code,. Government Code, and Public Contract Code of the State of California. The Property Owner shall provide proof to EVMWD, at such intervals and in such form as the EVMWD Representative may require, that the foregoing requirements have been satisfied as to all of the Acquisition Facilities constructed by_Property Owner, acquired by EVMWD and paid for with Bond Proceeds. Section 3.3 ! Inspection; Completion of Construction. EVMWD shall have primary responsibility for providing inspection of the construction of the Acquisition Facilities constructed by the Property Owner to insure that the construction is accomplished in accordance with the Plans and Specifications. EVMWD's personnel shall have access to the .site of. the work at all reasonable times for the purpose of accomplishing such inspection. Upon Substantial Completion of the construction of such Acquisition Facilities by Property Owner, the Property Owner shall notify the EVMWD Representative in writing that the construction of such Acquisition Facilities has been Substantially Completed, Upon receiving such written notification from the Property . Owner, and.upon receipt of written notification from its inspectors that construction of any of the Acquisition Facilities by Property Owner has been Substantially Completed, EVMWD shall in a timely manner notify the Property Owner in writing that the construction of such Acquisition Facilities has been satisfactorily completed. Upon receiving such notification; the Property Owner shall forthwith file with the County Recorder of the County of Riverside a Notice of Completion pursuant to the provisions of Section 3093 of the Civil Code. The Property Owner shall furnish to the EVMWD Representative a duplicate copy of each such Notice of Completion showing thereon the date of filing with the County Recorder. Any actual costs reasonably incurred by EVMWD in,inspecting and approving the construction of any Acquisition Facilities by Property Owner not previously paid by the Property Owner shall be eligible -to be reimbursed from the EVMWD: Facilities Fund or paid directly by Property Owner. . Section 3.4 Liens. Upon the expiration of the time for the recording of claim of liens as prescribed by Sections 3115 and 3116 of the Civil Code, the Property Owner shall provide to the EVMWD Representative such evidence or proof as EVMWD shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment on behalf of Property Owner for the construction of any, Acquisition Facilities have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation.. Rather than await the expiration of the said time for 9 AGENDA ITEM NO. PROF -217 the recording of claims of liens, the Property Owner may elect to provide to EVMWD a title insurance policy or other security acceptable-to_ the EVMWD Representative guaranteeing that no such claims of liens will be recorded or become a lien upon the Property with priority over.the lien of the special taxes to be levied thereon in the proceedings for the formation of the CFD. ,Section-3.5. . Acquisition, Acquisition Price; Source of Funds. Provided the Property Owner, has complied with the requirements of this Agreement, EVMWD agrees to acquire: the Acquisition, Facilities from the Property Owner. The price to be paid by the CFD for the acquisition of such Acquisition Facilities by EVN W" (the "Acquisition Price') shall be the lesser of (i) the value of the Acquisition Facilities or (ii) the total I of the Actual Costs of the Acquisition Facilities. , The Property Owner shall transfer ownership of the Acquisition Facilities to EVMWD by grant deed, bill of sale or such other documentation as the'EVMWD Representative may require. Upon the transfer of ownership of the Acquisition Facilities or any portion thereof from the Property Owner to EVMWD, EVMWD shall be responsible for the maintenance of the Acquisition Facilities or the portion transferred. For purposes of deternning the AcquisitionTrice to be paid by the CFD,for the acquisition. of-the Acquisition,Facilities by EVMWD, the .value of such improvements shall be •the amount determined by the engineering firm retained, by EVMWEi for; such purpose (the all to be the value of the Acquisition Facilities based on the Actual Costs submitted by the Property Owner, as herembefore specified; provided, however, that if the Engineer determines that such Actual Costs, or any of them, are excessive and that the value of the Acquisition Facilities is less than the 1 total amount of such Actual Costs, the Acquisition Price to be paid by the CFD for the acquisition of the Acquisition Facilities shall be the value thereof as determined by the Engineer. Upon completion of the construction of.any,Acquisition Facilities by Property. Owner, the Property Owner shall deliver to EVMWD.copies:of the contract(s) with the Contractor(s)who have constructed the•Acquisition Facilities or other, relevant documentation with regard to the payments made to such Contractor(s) for the construction of such Acquisition Facilities, and shall also provide to EVMWD copies of all invoices and purchase orders with respect to all supplies and materials purchased for the construction of such Acquisition Facilities. EVMWD shall require the Engineer to complete its determination of.the value of the Acquisition Facilities as promptly as is reasonably possible.` The Acquisition Price of any Acquisition Facilities may be determined and paid out of the - EVMWD Facilities Fund prior to. transfer of ownership of, the Acquisition Facilities to EVMWD upon a determination of Substantial Completion of such Acquisition Facility. _Property. Owner shall submit a payment request form to the_CFD. in the format and with the information required by the Funding Agreement, which must also contain therewith approval of EVMWD,' which approval shall not be unreasonably withheld. Some of the Acquisition Facilities anticipated to be constructed are included in EVMWD Charges. Property Owner shall be entitled to fill credit against all applicable EVMWD Charge(s) based upon Property Owner's construction of such Acquisition Facilities whether or not the Acquisition Price of such Acquisition Facilities is funded out of the EVMWD Facilities n Fund. 10 AGENDA ITEM No. PAGE 22 OF a/7 Notwithstanding the preceding provisions "of this- section, the sole source of funds for the acquisition -by EVMWD of the Acquisition Facilities or any portion thereof shall be the 'Bond Proceeds made available by the CFD pursuant to Section 2.3 above and the City reserves the right to make an independent and final determination of the Acquisition Price of each Acquisition Facility in accordance with the Funding Agreement. If for any reason beyond EVMWD's control, the proceedings for the formation of the CFD are not completed or the Bonds are not sold, EVMWD shall not be required to acquire any Acquisition Facilities from the Property Owner. In such event, the Property Owner shall complete the 'design and construction and offer to EVMWD ownership of such portions of Acquisition Faciliti es as are required'to be constructed by the Property Owner as a condition to recordation of subdivision maps for the Property or any other agreement between Propeity Owner and EVMWD, but need not construcf any portion of the Acquisition Facilities which it is not so required to construct. Section 3.6 'Easements. The Property Owner shall, at the time EVMWD acquires the Acquisition Facilities as provided in Section 12 hereof, grant to EVMWD, by appropriate instruments prescribed by EVMWD,' all easements on private property or fee title to private property which may be reasonably necessary for the proper operation and maintenance of such Acquisition Facilities, or any part: thereof. Section 3.7 Maintenance. Prior to the transfer of ownership•of an Acquisition Facility by the Property Owner to. EVMWD, as provided in Section 3.5 hereof, the Property Owner shall be responsible for the maintenance thereof and shall maintain and transfer such Acquisition Facility to EVMWD in as good condition as the Acquisition Facility was in at the time the Property Owner notified the EVMWD Representative that construction of same had been completed in accordance with the, Plans and Specifications. The Parties agree that the construction and acquisition of the Acquisition Facilities to be constructed by Property Owner is a matter between Property: Owner and EVMWD only,, and that the City and the CFD shall have no responsibility for on -site inspection or monitoring or -for; certifying that the provisions of Article III of this Agreement be satisfied. Property Owner or Contractor' shall provide a bond to guarantee the repair of (i) any damage to the Acquisition Facility caused as a result of such'party's actions prior to or,after acceptance by EVMWD and (ii) any defect in the Acquisition Facility, for one (1) year after, the acceptance by EVMWD. I 1 AGENDA ITEM h1G. _. FAGE./_�OF a i W Section 4.1 ARTICLE IV TERM AND.TERMINATION, . . Effective Date. t This Agreement shall become effective and of full force and effect as of the date set forth in the first paragraph ,of this; Agreement ( -'Effective Date') provided it is approved by the Property Owner, the City Council of the City and governing board of EVMWD, to be confirmed' by the execution hereof by the authorized representatives of the Parties hereto.:_„ Section 4.2 Termination. If the CFD is unable to complete the sale of the first series of Bonds prior to July 1, 2010,' this Agreement shall thereafter automatically terminate. and be of no further force or effect, unless extended by mutual agreement of the Parties: ARTICLE V ADDITIONAL GENERAL PROVISIONS Section 5.1' Recordkeeuiny Inspection of Records. EVMWD hereby agrees to keep and maintain full and accurate records of all amounts, and investment earnings, if any, paid to EVMWD for the EVMWD Charges and the City hereby n agrees to keep and maintain full and accurate records of 0 amounts, and investment earnings, if " any, expended from the-'EVMWD Facilities Fund. Each Party further agrees to make such records available to any other Party hereto, including Property Owner, during normal business hours upon reasonable prior notice. All such records shall be`kept and maintained "by the appropriate Party as provided by applicable law and their respective policies. Each of EVMWD and Property Owner agree that they will cooperate with the CID and the City in providing documentation, reports or other data reasonably required.and requested by:the.City,or the CID in meeting the reporting requirements of .the CID under California Senate Bill (SB) No. 165, Chapter 535 of the Statutes of 2000. Section 5.2 Disclosure of Snecial Tax, Calculation of Special Tax Requirement. (a) Delivery of Notice. From and after the date of this Agreement, Property Owner and its successors and assigns shall give a "Notice of Special Tax". (as defined in Section 5.2(b)• below) to each prospective purchaser of a parcel in the CID and shall deliver a fully executed copy of each notice to EVMWD.. Property Owner and its successor and assigns shall (i) maintain records of each Notice of Special. Tax for a period of five (5) years, and (ii) shall provide_copies.of each notice to EVMWD promptly following the close of escrow for the sale of . each parcel for which such notice was given. Property, Owner and its successors and assigns shall include the Notice of Special Tax in all Property . Owner's and its successors and assigns', applications for Final Subdivision Reports,required by the. Department of Real Estate. ( "DRE ') which are filed after the effective date of this.Agieement. Property Owner and its successors and assigns shall require, as a condition precedent to nclose an escrow for the sale of real property to a developer acquiring lots (a "Residential 12' p W Developer ") that such Residential Developer shall (i) maintain records of each Notice of Special Tax for a period of five (5) years, (ii) provide copies of each notice to EVMWD promptly following the close of escrow for the sale of each parcel for which such notice was given, and (iii) include the Notice of Special Tax in all of such Residential Developer's applications for Final Subdivision Reports required by DRE. '(b) Notice of Special Tax. With respect to'any parcel, the term "Notice of Special Tax' means a notice in the form'prescribed by California Government Code Section 53341 -5 which is calculated to disclose to the purchaser thereof (i) that the property, being purchased is subject to the special tax of the CFD, (ii) the land use classification of such property; (iii) the maximum annual amount of the special tax and the number of years for which it will be levied; (iv) if available at the time such notice is delivered, an indication of the amount of special tax to be levied on such property for the following fiscal year; and (v) the types of facilities or services. to be paid for or with the proceeds of the special tax. " (c) Notice to Subsequent Purchasers. Upon formation of the CFD it is expected that -j the City will file with the Riverside County Recorder a notice of special tax lien that gives notice of the existence of the CFD and the levy'of the special tax on property within the CFD for the benefit of subsequent property owners, pursuant to requirements of Section, 3114.5 of the Streets and Highways Code. (d) Information Sheet and Sample Property Tax Bill,', Property Owner and, its successors and assigns shall provide each purchaser of property with a sample property tax bill in . a'form approved by EVMWD. Property Owner and its successors and assigns shall provide Qd prospective purchasers of homes an information sheet in the sales office in the form set forth in Exhibit C attached hereto and incorporated herein by this reference. Section 5.3 Partial Invalidity. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement'shall be given effect to the fullest extent, reasonably possible. Section 5.4 - Successors and Assigns. Property Owner may assign its rights pursuant to this Agreement to a purchaser of the Property, or any portion thereof, who shall be the owner of any Acquisition Facilities'or payer of any EVMWD 'Charges or Deposits and to whom Property Owner shall assign the right to receive payment of the Acquisition Price for such Acquisition Facilities or 'other rights under this Agreement with respect to EVMWD Charges. Such a purchaser and assignee shall enter into an assignment agreement with EVMWD and the City, in a form acceptable to EVMWD and the City, whereby such purchaser agrees; except as may be otherwise specifically provided therein, to assume the obligations`of Property Owner pursuant to this Agreement and to be bound thereby . and whereby Property Owner shall be released from such obligations.' This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto. Section 5.5 Notice. , Any.notice, payment or- instrument required or permitted by this,Agreement to be given or delivered to any Party or other person shall be.deemed to have been received when personally delivered or three (3) business days after deposit of the same in the United, States Post Office registered or certified, postage prepaid, or by overnight, delivery addressed as follows: „ City: City of Lake Elsmore r ..:. i.. ;. 130 S. Main Street . Lake Elsinore, CA 92530 Attention: City Manager EVMWD: Elsinore Valley Municipal Water District 31315 Chaney Street ' Lake Elsinore, CA 92530 ' " Attention: General Manager Property Owner: Castle & Cooke Alberhill Ranch, LLC 17600 Collier Avenue, Suite (120 Lake Elsinore, CA 92530 Attention: Mi —Tom" Tomlinson ( Each Party can change, its address for delivery of notice by delivering written notice of such change or address to the other parties within ten (10) calendar days prior to such change. Section 5.6 Captions. The captions to Sections used herein are for convenience purposes only and are not part of this Agreement. Section 5.7 Governing Law. This Agreement shall be governed by, and construed iri accordance with; the laws of the State of California applicable to contracts made and performed in such State. Section 5.8 Entire Agreement. This Agreement contains'the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Agreement. Section 5.9 Amendments. This Agreement may be amended or modified only in writing executed by the authorized representative(s) of each of the Parties hereto. 1 14 1 AGENDA ITEM Nu. PAGE •l6 OF 4 / 7 Section 5.10 Waiver. The failure of any Party hereto to insist'on compliance within any of the terms, covenants or conditions of this Agreement by any other Party hereto, shall not be deemed a waiver of such terms, covenants 'or conditions of this Agreement by such other Party, nor shall any waiver, constitute a relinquishm m-of any otherright or power for all or any other times.. 0 Section 5.11 Cooperation and Execution of Documents. The Parties hereto agree to complete and execute any further or additional documents which may be necessary to complete or further the terms of this Agreement. Section 5.12 Attornevs'Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit,-- including reasonable attorneys' fees. Section 5.13 Exhibits. The following exhibits attached hereto are incorporated into this Agreement by reference. Exhibit Description A" CFD Boundary Map B" Acquisition Facilites Description "C" Form of Homebuyer CFD Information Sheet Section 5.14 Signatories.. „ The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the parry for whom they sign. ,Section 5.15 Execution in. Counterparts. This Agreement may be executed in counterparts, each of which, shall be deemed an original. [Remainder of this page,is blank], 15 ` AGENDA li tluti t:�. PAGE ZQ a I? NO .y f ' 1 IN WITNESS WHEREOF, the parties hereto have executed this Joint Community Facilities Agreement as of the day and year written alongside their signature below. CITY OF LAKE ELSINORE Date: By: Its: City Manager APPROVED AS TO FORM VAN BLARCOM, LEIBOLD, MCCLENDON & MANN, P.C. By: Barbara Leibold ATTEST: By: City Clerk ELSINORE VALLEY MUNICIPAL WATER DISTRICT By: Date: General Manager of the Elsinore Valley Municipal Water District CASTLE & COOKE ALBERHII.L RANCH, LLC, a California limited liability company Merlin Jackson Tomlinson Vice President — Land Development By: Ken R Benson Vice President — General Manager 16 AGENDA 11 riul PACE ) OF 2i7 PA lu-i= 2 /7 1 -y (1 1 � i, �dNrIW�IWs��'� 8Kx X! lugr h a fill t, �91 .area. ...� ar, sv.skfgy a e d qeq 9 s��a o o D. pO F U V F 8 a tY ��a P4 . G16 LO O O g.r gN 0Z 1 Z (n 00 wQ c xz ��g'v oC m U- yo Wbiow ° o �» � aoJ_ 0 yo t— sw,. J, O �dNrIW�IWs��'� 8Kx X! lugr h a fill t, �91 .area. ...� ar, sv.skfgy a e d qeq 9 s��a o o D. pO F U V F 8 a tY ��a EXHIBTr "W' ACQUISITION FACILMES DESCRIPTION The type of Acquisition Facilities eligible to be financed by the CFD under the Act are as follows: "Acquisition Facilities" means those facilities needed by EVNIWD in order to provide services to the Project and also includes any of the following: EVMWD sewer and water transmission lines, sewer and water pump stations, water reservoirs, including all costs of site acquisition, planning, design, engineering, legal services, materials testing, coordination, surveying, construction staking, construction, inspection and any and all appurtenant facilities relating to the foregoing. The description of Acquisition Facilities listed below in this Exhibit B ' is preliminary and representative of the types of facilities eligible to be financed by the CFD. Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standards of EVMWD. The Acquisition Facilities shall be constructed, whether or not acquired in their completed states, pursuant to the Plans and Specifications approved by EVMWD, which will not be unreasonably withheld. Estimated Cost SEGMENT ONE - 1601 TANK, BOOSTER STATION, AND PIPELINE FACILITIES - $ 4,498,446 TRACT NO. 28214 -2—>4 - Engineering design, plan check, inspection, permitting, survey, soils testing, construction management, grading, access road improvements, walls and fencing, paving, landscaping, site utilities, erosion control, 3.0 MG 1601 reservoir facility (2 tanks at 1.5 MG each) and appurtenances in Tract No. 28214 -2, Lot 105; 1601 booster station building, pumps, controls, and appurtenances with a connection to 1434 Zone supply facility located in. - Tract No. 28214 -4, Lot 2; and 12" and 16° pipelines located in streets and easements within Tract Nos. 28214 -2, -3 and -4. SEGMENT TWO - 1801 TANK, BOOSTER STATION, AND PIPELINE FACILITIES $ 3,160,810 - TRACT NO. 28214-2 and -6 Engineering design, plan check, inspection, permitting, survey, soils testing, construction management, grading, access road improvements, walls and fencing, paving, landscaping, site utilities, erosion control, 1.5 MG 1801 reservoir facility (2 tanks at 0.625 MG each) and appurtenances in Tract No. 28214 -6, Lot 87; 1801 booster station building, pumps, controls and appurtenances with a connection to 1601 Zone tank located in Tract No. - 28214 -2, Lot 105; and 12" pipelines located in Alberhill Ranch Road and streets within Tract No. 28214 -6. AGENDA RENT fife. PAGE %O S of -217 SEGMENT THREE - NICHOLS ROAD - SEWER LIFT STATION - $ 3,371,333 TRACT NO. 28214 -5 Engineering design, plan check, inspection; persnitting, survey, soils testing, construction - management for the installation of Master Planned Nichols Road sewer lift station facility located at the southeast comer of VTM 30836, including lift station building, pumps, controls, site paving, fencing, site utilities, erosion control; fairshare cost of Collier Avenue sewer improvement to EVMWD Regional Wastewater, facility; traffic control - and pavement restoration; and temporary 8" force main and permanent 8" force main system to join sewer system in Collier Avenue. ' SUBTOTAL EVMWD FACILITIES* = S 11,030,589 *Additional facilities such as water and sewer pipelines (including appurtenances) within Lake Street, Nichols Road, Mountain Avenue, and Alberhill Ranch Road may also be financed by the CFD and acquired by EVMWD so long as such facilities are consistent _ ' with EVMWD standards and completed pursuant to plans and Specifications approved by EVMWD... EVMWD FEES /CHARGES Water Capacity/Connection Fees ** ($5,429perunit). ' " $- 8,525,000 Sewer Connection Fees** ($4,755'per unit) - $ 7,500,000 n SUBTOTAL EVMWD CHARGES = : ! $'. 16,025,000 * *Fee Credirto be determined. TOTAL EVMWD FACILITIES AND CHARGES - _ $ 27,055,589 397/012498 -0001 151207.02.08/03/05 B -2 AGENDA aEw� VQ PAGE /OF o) J f _y EXHIBIT "C ". FORM OF HOMEBUYER CFD INFORMATION SHEET COMMUNITY FACILITIES DISTRICT NO. 2005-2 'CITY OF LAKE ELSINORE 1. WHAT IS COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005-2? CFD No. 2005 -2 was formed pursuant to the "Mello -Roos Community Facilities Act of 1982" to finance 2. WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT BILLED? The Property owner is responsible for paying the CFD No. 2005 -2 special tax, which will appear as a separate line item on your property tax bill along with your regular property taxes. 3. HOW MUCH WILL MY SPECIAL TAX BE? The maximum special tax applicable to your lot is the greater of the assigned special tax or backup special tax; The assigned and backup special taxes for CFD No. 2005 -2 for the 2006 -07 Fiscal Year are summarized below. It is expected that the actual special tax levied each year will be the assigned special tax and the backup special tax would only be levied where there has been very signifcariv delinquencies or changes in the development. Classification Home Size Assigned Special Tax I $ /dwelling unit 2 $ /dwelling unit 3 $ /dwelling unit 4 $ /dwelling unit 4. HOW LONG WILL I HAVE TO PAY THE CFD NO. 2005-2 SPECIAL TAX? The CFD No. 2005 -2 special tax will not be collected after calendar year 20_. 5. CAN THE SPECIAL TAXES BE PREPAID? Homeowners have the option of prepaying their CFD No. 2005 -2 special tax anytime. For prepayment information please contact the City. 6. WHERE CAN I GET MORE INFORMATION? For more information in regards to CFD No. 2005 -2, contact the City of Lake Elsinore at e3 �L a l 7 45561982.1 AGENDA ITEM Wk./. OF . a 7 FEE DEPOSIT AND REIMBURSEMENT AGREEMENT THIS FEE.DEPOSIT AND REIMBURSEMENT AGREEMENT (the "Agreement ") is entered into effective as of the _ day of 1 2005, by and between the CITY OF LAKE ELSINORE, a city. duly organized and existing under the laws of the State of California ("City"), and CASTLE & COOKE ALBERHILL RANCH, LLC, a California limited liability company ( "Property Owner"), and relates to the proposed formation by City of a community facilities district to be known as "City of Lake Elsinore Community Facilities District No. 2005- 2 (Alberhill Ranch)" (the "CID "). RECITALS: A. The property described and depicted in Exhibit "A" hereto (the "Property") is proposed to constitute the land within the boundaries of the CFD. B. Property Owner intends to develop the Property for residential purposes and has obtained the necessary development approvals to 'construct approximately 1,181 single family residential units and 389 multifamily residential units on the Property, as such development may be modified from time to time (the "Project "). C. The Project will require the payment, pursuant to the land use entitlements, conditions of approval, existing City ordinances and resolutions and development agreement for and applicable to the Project (the "Project Conditions "), of certain City Fees (defined below). D. In conjunction with the recording of the final subdivision map(s) for the Project, applicable to issuance of grading permits and/or the issuance of building permits for the construction of homes within the Project, Property Owner, or its successors or assigns, may elect to provide a security deposit to cover City Fees to the City (the "Deposit') before any Bond Proceeds are available to pay the City Fees. In such case, Property Owner shall be entitled to (i) reimbursement of such Deposits and (ii) credit for payments made to the City from Bond Proceeds of the City Fees which would otherwise be due to the City in conjunction with the Project, all as further described herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified. (a) "Act" means the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code. N 45561982.1 1 AGENDA ITEM i,,�. -- 1AG6 (b). "Bond Proceeds" or "Proceeds . of the Bonds shall mean those net funds generated by the sale of the Bonds and investment earnings thereon. (c) "Bonds" shall mean those bonds, or other securities, issued by, or on behalf of, the CFD or any Improvement Area thereof, in one or more series, as authorized by the qualified electors within the CFD. (d) "City Fees" means the fees and charges and, all components thereof imposed by the City upon the Project pursuant to the Project Conditions. ,: (e) . . "Deposits" means an amount deposited with the City by Property Owner as security for City Fees and which are eligible for refund by the City upon the sale of Bonds., (f) "Improvement Area" means•a geographical area within the boundaries of the CFD as indicated on the CFD boundary map. (g) "Party" or "Parties" shall mean any one or all -of the parties to this Agreement. (h) "State" means the State of California. 3. Pr000sed Formation of the CFD." City will undertake to analyze the appropriateness of forming the CFD. City will retain, at the expense of the Property Owner, the n necessary consultants to analyze the proposed formation of the CFD. 4. Sale of Bonds and Use of Proceeds. In the event that the CFD is formed, the City. Council acting as the legislative body of the CFD may, in its sole discretion,"finance, among other things, the City Fees by issuing the Bonds. As required by the Project Conditions, it may be necessary for Property Owner, or its successors or assigns, to make Deposits before Bonds are issued. Upon the issuance and sale of the Bonds, Property Owner may execute and submit a payment request, in substantially the form attached hereto as Exhibit "B ", to the CFD requesting disbursement to the City of an amount equal to all Deposits from Bond Proceeds. Within ten (10) business days of the City's receipt of funds pursuant to such disbursement request, the City shall return the Deposits to Property Owner. In the event Bonds are not issued within twelve (12) months of the date of any Deposit, such Deposit may be applied to pay the City Fees, and shall no longer be reflected as a deposit on the.accounts of the City. 5. Indemnification. Property Owner shall assume the defense of, indemnify and save harmless, City and the CFD, their respective officers and employees, and each and every one of,them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by, reason of, or resulting from, any act or omission of Property Owner with respect to.this Agreement; provided, however, that Property Owner shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees. 45561982.1 L AGENDA ITEM NU.� PAGE /I ? OF o2 / 7 Y .y ,r.. , '6. Amendment and Assitmment. This Agreement may be amended at any time but only in writing signed by each party hereto.. This Agreement may assigned, in whole or in, part, by the Property Owner to the purchaser of any parcel of land within the Property provided, however, such assignment shall not be effective unless and until the'City has been notified, in writing, of such assignment. 7. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes'alf prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 8. Notices. Any notice, payment or instrument required'or permitted by this Agreement to be given or delivered to either parry shall be deemed to have been received when personally delivered or seventy -two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: City: City of Lake Elsinore 130 S` Main Street Lake Elsinore, California 92530 Attn: City Manager Property Owner: Castle & Cooke Alberhill Ranch, LLC, 17600 Collier Avenue, Suite C120 Lake Elsinore, CA 92530 Attn: M.J. "Tom" Tomlinson Each'party may change its address for delivery,of notice by delivering written notice of such change of address to the other party hereto. " 9. Attorneys' Fees. In the event of the bringing of any action or suit, by any Party against any other'Party arising out of this Agreement, the Party in whose favor final'judgment, shall be entered shall be entitled to recover from the losing Parry all costs and expenses 'of suit, including reasonable attorneys' fees. 10. Severability. If any part of this Agreement is held to be.illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 11. Governing Law. This Agreement and any dispute arising hereunder shall' be governed by and interpreted in accordance with the laws of the State of California. 12. Waiver. Failure by a party to insist upon the strict .perfonnance of any of the provisions of this Agreement by the other party hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other -party with the terms of this Agreement thereafter. 13. No Third Party Beneficiaries. No person or entity other than the CFD, when and if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement 45561982.1 3 AGENDA ITEM NO. PAGE_ / Y! OF o2 17 n n (either express or implied) is intended to confer upon any person or entity, other than the City, the CFD, and Property Owner (and their respective successors and assigns, exclusive of individual homebuyers), any rights, remedies, obligations or liabilities under or by reason of this Agreement. 14. Sineular and Plural: Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above. " CM OF LAKE ELSINORE, a municipal corporation By. Mayor ATTEST: VICKI KASAD, CITY CLERK By: VICKI KASAD APPROVED AS TO FORM: VAN BLARCOM, LEIBOLD, McCLENDON & MANN, P.C. City Attorney By: BARBARA ZEID LEIBOLD 45561982.1 CASTLE & COOKE ALBERHILL RANCH, LLC, a California limited liability company By: Merlin Jackson Tomlinson Vice President - Land Development By: Ken R. Benson Vice President — General Manager 4 .AGENDA ITEM NO., PACE— S OF e2 / 7 YI I OF 1 EXHIAW A AGENDA REM APWv APN's.• 1. 389- oeo -o35 �6 �y y 1..ia9 020 -034 3 J89-080-037 3 2. 3&9 -080- 002..;, 4. 389 -0.?0 -038 3. 389- 090 -m1 5. 389 -060 -039 4, 389 -090 -002 5. 389- 090 -003 6. A89- 090 -004 7. 389- 090 -006 8 389- 72f -00> 9. .3$9-121-002 10. 389 -12> -003 11. 389- 122 -001 12. 389-122 -002 8 IJ 389 - 121 ^003 14 " 122 -004 K /NGS NWY 15. J89 >122 -005 16 389-1 ?2 -006 17 389 -U.? -007 18 JW -122 -010 1200 O 1200 1 =1200' EXHIAW A AGENDA REM 1.OF 9 IMO O "Iti'S:rI LI jI O' • Id � Iti. i 'I t/, /.v 7� ssl�lease,.dyene.ey P APCF. APN "sr 1. 389 - 080 -035 tF . y - - 2 389- 080 -036. . 1..; 389= 020 -Q31 - 3. 389 - 080 -037 2 389- 080-002 4. 389 -080 -038 .1 389- 090 -001 5 389 -MO -039 4. -W- 090 -001 5 389- 090 -&U 6. -W- 090 -004 - - .9f 89-090 -008 7. 8. 389 -121 -001 .. y 9 389 -121 -001 10.89- 127 -003` 11. M9- 122 -001 12. 369 -122 -002 U. 389- 122 -OVJ _ M. - IQ9- 122-004 - K /N05 NW .. 15. 389 -122 -0015 16. .389 ->22 -006 17 " -122 -007 - 18. 369- 112 -010 - IMO O "Iti'S:rI LI jI O' • Id � Iti. i 'I t/, /.v 7� ssl�lease,.dyene.ey P i EXHIBIT B DISBURSEMENT REQUEST FORM I. City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "CFD ") is hereby requested to pay from the CFD bond proceeds to the City of Lake Elsinore (the "City "), as Payee, the sum set forth in 3 below. 2. The undersigned certifies that the amount requested for City Fees is due and payable and has not formed the basis of prior request or payment. 3. Amount requested: $ For Lot Nos: 4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the Fee Deposit and Reimbursement Agreement by and between the CITY OF LAKE ELSTNORE and CASTLE & COOKE ALBERHILL RANCH, LLC,, dated 2005 (the "Agreement "). Capitalized terms not defined herein shall have the meaning set forth in the Agreement. CASTLE & COOKE ALBERHILL RANCH, LLC„ a California limited'liability company By: cc: City of Lake Elsinore Finance Dept- '45561982.1 Date: Q0) AGENDA ITEM N0._2_ PAGE Y ti by and among '- 45561974.1 AGENDA ITEM N0. �� PAGE -lrJ OF -Z /-7 FEE DEPOSIT AND REIMBURSEMENT AGREEMENT Q.6) THIS FEE DEPOSIT AND REIMBURSEMENT AGREEMENT (the "Agreement ") is entered into effective -as of the -- day -of 2005, by and among-the CITY -OV LAKE ELSINORE, a city duly organized and existing under the laws of the State of California ( "City "), ELSINORE VALLEY MUNICIPAL- WATER DISTRICT, County of Riverside, State of California, a municipal water district' ( "EVMWD "), and CASTLE & COOKE ALBERHILL RANCH, LLC, a California limited liability company ( "Property Owner "), and relates to the proposed, formation. by City of a community, facilities district to be known as "City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) "' (the "CFD "). RECITALS: A. The property described and depicted in Exhibit "A" hereto (the "Property") is } proposed to constitute the land within the boundaries. of the CFD. .y B. Property Owner intends to develop the Property for residential purposes and has obtained the necessary; development. approvals to construct approximately 1,181 single family residential units and 389 multifamily residential units on'the Property, as such development may be modified from time to time (the "Project "). C. The Project will require the payment, pursuant to the rules and regulations of EVMWD, as amended from time to time, applicable to the Project (the "Project Conditions ") of certain EVMWD Charges (defined below). D. In conjunction with the recording of the final subdivision map(s) for the Project, the issuance of building permits for the construction of homes within the Project and/or receipt of water meters for such homes, Property Owner, or its successors or assigns, may elect to provide a security deposit to cover EVMWD Charges to EVMWD (the "Deposit') before any Bond Proceeds are available to pay the EVMWD Charges. In such case, Property Owner shall be entitled to (i) reimbursement of such Deposits and (ii) credit for payments made to EVMWD from Bond Proceeds of the EVMWD Charges which would otherwise be due to EVMWD in conjunction with the Project, all as further described herein. . AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Definitions. Unless the-context -clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, have the meanings herein specified. (a) "Act" means the Mello -Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part I of Division 2 of Title 5 of the California Government Code. 45561974.1 1 AGENDA rrEM Bo_ �•s� PACE/o OF.�i 7� n (b) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net.f Inds generated by the sale of the Bonds and investment earnings thereon. (c) "Bonds" shall mean; those bonds, or other. securities, issued by,. or on behalf of, the CFD or any Improvement Area thereof, in one or more senes, as authorized by the qualified electors within:the CFD.. (d) "Deposits" means an amount deposited with EVMWD by,Property,Owner; as security for EVMWD Charges and which are eligible for refund by EVMWD, upon the sale of Bonds. _ (e) "EVMWD Charges" means water connection fees,. sewer connection fees, annexation fees, sewer treatment capacity charges and all components s thereof of, EVMWD imposed upon the Project to pay for the provision of: water and sewer- services to and I the construction of EVMWD water and sewer facilities requiredto'serve the Project. i (f). "Improvement Area" means a geographical area within the boundaries of the CFD as indicated on the CFD boundary map. ' (g) "Party" 'or `Parties" shall mean any one''or' all of the parties to this Agreement.' (ki) "State" means the State of California.' ( 3:' Proposed Formation of the CFD. City' will 'undertake to analyze the appropriateness of forming the CFD: City will retain, at the expense of the Property Owner, the , necessary consultants -to analyze the proposed formation of the CFD. 4: • Sale of Bonds and Use of Proceeds. In the event that the CFD is formed, the City Council acting as the legislative body of the CFD may, in its sole discretion; finance, among other things, the EVMWD Charges by issuing the Bondsr - As required by the Project Conditions, it may be necessary for Property Owner, or its successors or assigns, to make Deposits before- Bonds'are issued. Upon the issuance and sale of the Bonds, Property Owner may execute and submit a payment request, in substantially the form ' attached hereto as Exhibit "B ", to the CFD requesting" disbursement to EVMWD of an, amount equal to all Deposits-from Bond'Proceeds. Within' ten (10) business days of EVMWD's receipt of funds pursuant to such disbursement request, EVMWD shall return the Deposits to Property Owner. In the%event Bonds are not issued within twelve (12)'months of the date of any Deposit, such Deposit may be applied to pay the EVMWD Charges, and shall no longer.be reflected as a deposit on the accounts of EVMWD: 5. Indemnification. Property Owner shalf assume the defense'of, indemnify and save harmless, the City, the CFD and EVMWD, -their respective officers and employees, and each and every one of them, from and against -all actions; damages,-claims, losses or expenses of every type and description to which they'may' Ve subjected or put, by reason' of, or resulting from, any act or omission of Property Owner with respect to this Agreement; provided, however, nthat Property Owner shall not be required to indemnify any person or entity as to damages 45561974.1 2 AGENDA ITEM NO.� PAGE /OF oL I resulting from negligence or willful'misconduct of such person or entity or their officers, agents or employees. 6. Disclosure of Special Tax; Calculation of Special Tax Requirement. (a) Delivery of Notice. From and after the date of this Agreement, Property Owner and its successors and assigns shall give a "Notice of Special Tax" (as defined in Section 6(b) below) to each prospective purchaser of a parcel in the CFD and shall deliver a fully executed copy of each notice to the CFD: Property Owner and its successors and assigns shall (i) maintain records of each Notice of Special Tax for a period of five (5) years, and (ii) shall provide copies of each notice to the CFD promptly following the giving of such notice. Property Owner and its successors and assigns shall include the Notice of Special Tax in all Property Owner's and'its successors' and assigns' applications for Final Subdivision'Reports required by' the Department of Real 'Estate (`DRE ") which are filed after the effective date of this Agreement.. Property Owner and its successors'and'assigns shall require, as a- condition precedent to close an escrow for the sale of real property to a developer acquiring lots (a "Residential Developer "), that such Residential Developer shall (i) maintain. records of each Notice of Special Tax for a period of five (5) years, (ii) provide copies of each notice to the CFD promptly following the giving of such notice, and (iii) include the Notice of Special Tax in all of such Residential Developer's applications for Final Subdivision Reports required by DRE. (b) ..Notice. of Special Tax. - With respect to any parcel, the term "Notice of Special Tax" means a notice in the form prescribed by California Government Code Section 53341.5 which is calculated to disclose to the purchaser thereof (i) that,the,property being . purchased is subject to the special tax'of the CFD; (ii) the land use classification of such property; (iii) the maximum annual amount of the special tax and the number of years for which it will be levied; (iv) if available.atthe time such notice is delivered, an indicati on of the amount of special tax to be levied on such property for the following fiscal year; and (v), the types of, facilities or services to be paid for with the proceeds of the special tax. (c) Notice to Subsequent Purchasers. • The CFD will file -with the Riverside County Recorder a notice of special tax lien that gives notice of the existence of the CFD and the levy of the special tax on,property withinthe, CFD for the benefit of subsequent property owners, pursuant to requirements of Section 3114.5 of the Streets and Highways Code. (d) Information Sheet and Sample Property Tax Bill.- Property, Owner and its successors and assigns shall provide each purchaser, of property with a sample property tax bill in a form approved by the CFD.. Property Owner and its successors and assigns shall provide prospective purchasers of homes an information sheet in the sales office in the form set forth in Exhibit C attached hereto and incorporated herein by this reference. . 7. Amendment and Assignment. This Agreement maybe amended at any time but only in writing signed by each party hereto.. This Agreement may be assigned, in whole, or in part, by the Property Owner to the purchaser of any parcel of land within the Property provided, 45561974.1 3 AGENDA ITEM ND. PAGE Id-.) OF 7 r-) however, such assignment shall not be effective unless and until the City and:EVMWD have been notified, in writing, of such assignment. 8. Entire Agreement.. This Agreement contains, the entire agreement between the parties with respect to the matters provided,for herein and supersedes all prior agreements_, and, negotiations between the parties with respect to the subject matter of this Agreement.... 9.. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received, when personally delivered or seventy -two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: City: City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 ' Attn: City Manager .y EVMWD: Elsinore Valley Municipal Water District 31315 Chaney Street Lake Elsinore, California 92530 Attn: General Manager Property Owner: Castle & Cooke Alberhill Ranch, LLC 17600 Collier Avenue, Suite C120 Lake Elsinore, CA 92530 Attn: M.J. "Tom" Tomlinson Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto. 10. Attorneys' Fees. In the event of the bringing of any action or suit by any Party against any other Parry arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorneys' fees. 11. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 13. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party's right to insist and demand strict compliance by such other party with the terms of this Agreement thereafter. 45561974.1 4 AGENDA ITEM N0. ��-- PACE /� L3 _OF� .y 14, No Third Party Beneficiaries. No person or entity other than the CFD, when and if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the CFD, EVMWD and Property Owner (and their, respective successors and assigns, exclusive of individual homebuyers), any rigbts,-iemedies, obligations or liabilities under or by reason of this Agreement.' IS. Sineuliir and Plural; Gender.' As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. ' 16. Counteruarts.' This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. r 1 r� 45561974.1 5 AGENDA ITEM NO.__: � PAGE / OF 2- 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above. CITY OF LAKE ELSINORE, a municipal corporation By: Mayor ATTEST: VICKI KASAD, CITY CLERK Y By. VICKI KASAD APPROVED AS TO FORM: VAN BLARCOM, LEIBOLD, McCLENDON & MANN, P.C. City Attorney 1 , By BARBARA ZEID LEIBOLD ELSINORE VALLEY MUNICIPAL WATER DISTRICT By: General Manager of the Elsinore Valley Municipal Water District CASTLE & COOKE ALBERHILL RANCH, LLC, a California limited liability company By: Merlin Jackson Tomlinson Vice President - Land Development By: Ken R Benson Vice President— General Manager 6 ' AGENDA ITEM NO.�_�" PACE /d,S' OF -2) 7 i APIAV APN's. >, 389 - oho -b�5 _._ 2. 389- 080 -036 1. 389 -4920 -034 J. 389 -090 -037 2 3$9- 090-001 4 389-090 -038 3. 389- 090 -001 5 389- 080 -0f9 4 -w- 090 -001 .. 5. -W- 090 -mi ' 6. 389- 090 -004 7 369 - 090 -006 8 369 -111 -001 y 9. .389- 121.' -002 10. 389- 121 -003 11. -W-W-4901 V 12- 389- 122 -4902 13. -W -122 -003: . .. 14 : 369-!22-004 AMV5 HWr 15 369- 122 -005 16. 389- 111 -006 1Z 389- 122 -W7 18. 389 -122 -010 - 1200 0 1200 1 =1200' EA/t3lJVEEfS EXH /BIT A' AGENDA ITEM NO, r/ CML ENGINEERING :PLANNING AND CONSTRUCTION MANAGEMENT 1880 COMPtON AVENUE. uVDE 100 • CORONA, CA. 92881 -3370 •.951- 734 -2130 .. �H cv ea5� /RCta easltxriel�aarn .�Tn:.aciu :I 'Y r 1880 30 APN"s: APN`s: Y: 389- 080 -035 � `.789 -DAO- 036 A ,789- 020 -W4 ` J.. 389- 080 -0J7 S�. ?. 369 - 080 -2 • 4. 789 -(k40 -018 _ 3. 369- 090 Dt11 „ ° 5. ',W.9-0810-0.V 4. 369 - 090 -002 5. 389 -090 -003 6. -W- 090 -004 7. MY- 090-008 8. 389- 121 -001 9. 389- J2> -00? 1. .. 10. 389-111 -003 .. 11. 389- 122 -001 12 :189 -122 -002 13. 383 -122 -003 .. .. __ _. - 14. "- 122-004 -_ /(lNGS NN9 15. 389 -122 -005 16. 389 -121 -006 12 369 -122 -007 - -- - 18. 369- 122 -010 - -- - - - - 1200 0 1200 1 " =1200' 1880 30 f 'Y EXHIBIT B DISBURSEMENT REQUEST FORM I. City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "CFD ") is hereby requested to pay from the CID bond proceeds to the Elsinore Valley Municipal Water District (" EVM"U ), as Payee, the sum set forth in 3 below. 2. The undersigned certifies that the amount requested for EVMWD Charges is due and payable and has not formed the basis of prior request or payment. 3. Amount requested: $ For Lot Nos: 4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the Fee Deposit and Reimbursement Agreement by and among the CITY OF LAKE ELSINORE, ELSINORE VALLEY MUNICIPAL WATER DISTRICT and CASTLE & COOKE ALBERHILL RANCH, LLC, dated , 2005 (the "Agreement"). Capitalized terms not defined herein shall have the meaning set forth in the Agreement. CASTLE & COOKE ALBERHILL RANCH, LLC, a California limited liability company By Title: Date: cc: City of Lake Elsinore Finance Dept. 45561974.1' AGENDA ITEM N®. all t� 1 1 EXHIBIT C FORM OF INFORMATION SHEET 1. WHAT IS COMMUNITY FACILITIES DISTRICT (CFD) No. ? - - CID No. was formed pursuant to the ` "Mello -Roos Community Facilities Act'of 1982" to finance 2. WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT BILLED? The property owner:is responsible for - paying the CFD No: special tax, which .will appear as'a separate line item, on your property.;tax,.bill along,with your regular property taxes: 3. HOW MUCH WILL MY SPECIAL TAX BE? The special tax is based upon the size of the home. The assigned and maximum special taxes for CID No. for the [2005 -061 Fiscal Year are summarized below. 1 ' 1 ' Residential Property $ /dwelling unit Greater than 3,600 sq..8. 2 Residential Property $ /dwelling unit 3;201 sq; ft. — 3,600 sq. ft. 3 Residential Property $ /dwelling unit 2,801 sq. ft — 3,200 sq. ft. 4 Residential Property $ /dwelling or Less than or equal to 2,800 sq. ft. 4J HOW.LONG WILL I HAVE TO PAY THE CM NO. - SPECIAL TAX? The CFD No. special tax will: not be collected after, calendar year 20_ 5. CAN THE SPECIAL TAXES BE PREPAID? - - - Homeowners have the option of prepaying their CFD No. special tax anytime. For prepayment information please .'contact `the administrator for, the special taxes , ' 6. WHERE CAN I GET MORE INFORMATION ?' For more information in regards to CFD`No. -contact the the City of Lake Elsinore administrator _ 45561974.1 i AGENDA ITEM N0. PAGE / OF ­Z 17 i RESOLUTION NO. 2005- RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. APPROVING, TWO JOINT - COMMUNITY FACILITIES AGREEMENTS AND TWO FEE DEPOSIT AND, REIMBURSEMENT AGREEMENTS WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City") has heretofore`. adopted ! •Resolution No: 2005 -62 ( "Resolution of Intention ") stating its intention to form City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) (the "CFD ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the `.`Act "); and WHEREAS, Section 53316.2 of the Act states that a_ community facilities district may finance facilities to be owned -or operated by an entity other than the agency that created the district only pursuant to a joint community facilities agreement or -a joint exercise of powers agreement; and WHEREAS, certain facilities and capital fees to.be financed by the CFD include those facilities and capital fees to be: owned or operated by the Elsinore Valley Municipal Water District and Caltrans; _ NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY- - RESOLVE, - DETERMINE` AND ORDER AS FOLLOWS: SECTION 1. - The City Council- hereby approves both -of -the Joint Community Facilities Agreements,in substantially the forms presented to the City Council at this meeting. The Mayor, the City. Manager and the Director of Administrative Services are hereby authorized to execute the Joint Community Facilities Agreements with such revisions, amendments and' completions as shall be approved by the officer executing the same, 'such approval "to.be conclusively evidenced by the execution and delivery thereof. SECTION 2.. The City Council -hereby approves both of the Fee Deposit and Reimbursement Agreements in substantially the forms presented to the City Council at this meeting. The Mayor, the,,City Manager and the Director of Administrative Services are hereby authorized to execute the Fee Deposit and Reimbursement Agreements with such revisions, amendments and completions- as Q.6) 45644362.2 AGENDA ITEM NO. OFD n shall be approved by the officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. Y _y m al 45644362.2 AGENDA ITEM N0. 2�� pp _OF � i PASSED, APPROVED 'AND ADOPTED this day of 20051 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Fredrick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 45644362.2 Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM NO.� n .y STATE OF CALIFORNIA 1- - COUNTY OF RIVERSIDE. } SS: CITY OF LAKE ELSINORE } I, FREDERICK RAY, DEPUTY CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing.Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the day of 2005, and that it was .so adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT:., COUNCILMEMBERS;. ABSTAIN: COUNCILMEMBERS: FREDERICK RAY, DEPUTY.CITY! CLERK,, CITY OF LAKE ELSINORE (SEAL) 4W4362.2 1 AGENDA ITEM N0. PACE / 33 OF .Z i 7 a .y RESOLUTION NO. 2005- Qt/ RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE � ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING -CITY OF LAKE �ELSINORE. COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH) WHEREAS, the City Council (the "Council') of the City of Lake Elsinore (the "City ") has heretofore adopted. Resolution No._ 2005 -62 ( "Resolution of Intention ") stating its intention to form City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) (the "CFD ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act "), and designating . portions of the CFD as Improvement Area A, Improvement Area B and Improvement Area C; and WHEREAS, a copy of the Resolution of Intention is on file with the City Clerk and incorporated herein by reference; and WHEREAS, pursuant to the Act and in accordance with applicable laws, this Council held a public hearing on the formation of the CFD and the incurring of bonded indebtedness with respect to the CFD; and WHEREAS, at said hearing all persons not exempt from the Services Special Tax and the Special Tax desiring to be heard on all matters pertaining to the formation of the CFD were heard and a Mull and'fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. 45644372.2 AGENDA ITEM NO._.4a2Z_ pAGqZ4zj,0F =?! 7 .y n SECTION 2. A community facilities district to be designated "City of Lake Elsinore. Communiy Facilities, District. No:, 2005 -2 (Alberhill , Ranch). is hereby established pursuant to the Act. SECTION 3. - The descriptionand map of,the boundaries of the CFD on file; in,;the Clerk's •office and :as described• in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of the CFD. The map of the proposed boundaries of.the -CFD. has been recorded in the Office of the County Recorder of Riverside, County,, California (Book 63, of. Maps of Assessment and Community:Facilities District at page 35 and as Instrument No. 2005-0565473).,: SECTION 4. Except where funds are otherwise available, it is the intention, of the Council ao levy annually,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 prior to the. formation of the CFD and, do, not. supplant services, already available within the territory , proposed to be included in the CFD, the costs of administering the levy and collection of the Services' Special Tax and all other costs of the aevy, 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 real property in the CFD. The schedule of the rate andmethod 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 are more fully described in, the report. presented to this Council at the public hearing the "Report').. The Services Special Tax is- apportioned to each parcel on ihe' foregoing basis pursuant to Section 53325.3,of the Act. . 'SECTION 5. The facilities ' proposed . Ito be financed by ''each improvement area of - the` CFD are 'public infrastructure 'facilities 'and other governmental facilities with an estimated useful life of five years or longer, which the CFD is authorized by law to construct, own or operate and that'are necessary to meet increased demands placed upon the City as a result of :development or rehabilitation occurring within the proposed 'CFD;' including but not limited to streets, streetscape, `park an&r'ecreation facilities, storm drain, other Ciry facilities and fees, water and 'sewer facilities and fees' of the Elsinore Valley Municipal Water District, facilities of Cal Trans 'and related costs including designs, 45644372.2 : AGENDA ITEM NO.-222.— PAGE.„ 3 S OF ! 7 Y w inspections, professional fees, annexation fees; connection fees - and acquisition ( 1 costs' (the "Facilities").' Such Facilities need not be physically located within the CFA :,SECTION 6. Except where funds are otherwise available, it is the intentiowof the' Council'to levy annually in accordance with procedures, contained in the Act a special= tax (the , "Special Tax ") sufficient" to pay- for the: costs of financing the acquisition and/or 3constructi6n'of the I Facilities, including: the principal of and interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, the establishment and replenishment of reserve, funds, the remarketing, credit enhancement and liquidity fees, the costs of administering the levy and collection, of the Special Tax and all other costs of the levy of the Special Tax and issuance of the bonds, including any foreclosure proceedings; architectural, engineering, inspection, legal", fiscal, and''financial consultant fees; discount fees, interest on boinds`du'e and payable prior to he expiration of one year froih t* he date of completion of 'facilities' (but not 'to exceed two years), election costs and all costs of issuance of the bonds, including', but, not limited to,' fees for bond counsel, disclosure counsel, financing consultants and 'printing costs, and 'all other administrative costs of the 'tax levy and bond issue. The Special Tax will'be secured by recordation of a continuing' lien against all real property, in the CFD. ' "In the first-year in which such a, Special Tax` is levied, the ley' s all include a sum sufficient to repay. to the City all amounts' 'if any, transferred: to the CFD pursuant to Section 53314 of the Act and' interest, thereon. The schedule of the rate and method of apportionment and manner of collection of the, Special Tax is described in' detail in Exhibit A attached hereto and by this reference incorporated herein. The Special Tax is based upon the cost of financing the Facilities in the CFD, the demand that each parcel will place `on the Facilities and the benefit (direct and/or indirect) received by each parcel from the.Facilities.. The Special Tax is apportioned to each parcel 'on 'the foregoing basis pursuant to Section 53325.3 of the Act. In the event that a portion of the property within the CFD,shall become for any, reason exempt, wholly or partially,, from the levy of the Special Tax, the Council shall, on behalf of the CFD,, increase the levy, to the extent necessary upon the remaining, property within the CFD which is not delinquent . or. exempt in order to. yield. the required payments, subject to the maximum tax. Under no circumstances, however, shall the Special Tax levied against any. parcel 'used, for private residential purposes be . increased as a consequence, of delinquency or default by the owner of any other parcel or parcels within the CFD by more than 10 percent.. Furthermore, the maximum special tax authorized to be be against any parcel used for private residential purposes 45644372.2 AGENDA ITEM NO. PACE /. ®E o21 n shall not be, increased over. time in excess. of 2 percent, per year. The Facilities are more fully described in.the�Report. SECTION 7. " Upon recordation of a ' Notice_` of Special Tax ' Lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Services Special, Tax and the Special Tax shall attach to all real property in the CFD, . and the lien with,-respect' to the. Special ' Tax shall continue in force and effect' until the Special. Tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law;.and'the lien with respect to the Services Special Tax and the Special Tax shall continue in force and effect until collection of the Services Special, Tax and the Special Tax_ by the CFD ceases.. SECTION 8. Neither ,the _proposed Services Special Tax nor the Special Tax to be levied in the CFD has been precluded by protests by owners of one -half or more of the land in the territory included in the CFD pursuant to Government Code Section 53324. SECTION 9. The Report is ordered to be kept on file with the minutes of these proceedings and open for public inspection. SECTION 10. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Services Special Tax and the Special Tax: A. Such Services Special Tax and the Special Tax shall be levied for the specific purposes set forth herein. B. The proceeds of the levy of such Services Special Tax and the Special Tax shall be applied only to the specific purposes set forth herein. C. The CFD shall establish an account or accounts into which the proceeds of such Services Special Tax and the Special Tax shall be deposited. D. The City Manager, or his or here designee, acting for and on behalf of the CFD, shall annually file a report with the Council as required pursuant to Government Code Section 50075.3. SECTION 11. The City Manager, 130 S. Main Street, Lake Elsinore, n California 92530, (951) 674 -3124, or his designee, is designated to be responsible 45644372.2 AGENDA ITEM NO. ':�QL- PAGE /_OF a 1 ? w for preparing or causing to be prepared annually a current'roll of Services Special ( j Tax and the Special Tax levy obligations by assessor's 'parcel number and for �•✓ estimating future Services Special Tax and the, Special Tax levies pursuant to Section 53340.1 of the Government.Code. SECTION 12. The voting procedure with 'respect to the imposition of the Services Special Tax and the Special Tax, incurring bonded indebtedness and establishing an appropriations limit of the CFD shall be' by hand' delivered or mailed ballot election. SECTION41 The -City `Clerk'is directed to cert4'and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and. certify an election or elections on the incurring bonded indebtedness, the levy of the Special Tax, and the establishment of the appropriation limit., n PASSED, APPROVED AND ADOPTED this day 'of 12005. AYES::. COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT; COUNCILMEMBERS:— ; ABSTAIN:: COUNCILMEMBERS: "Y ATTEST: n Fredrick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor , City of Lake Elsinore AGENDA ITEM, PAGE /29 OP �-/ 7 .y 'STATE'OF CALIFORNIA } r 1 COUNTY OF RIVERSIDE } SS: `•�/ CITY OF LAKE ELSINORE } I, FREDERICK RAY, DEPUTY CITY CLERK OF THE CITY. OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake'Elsinore at a regular meeting of said Council on the _ day of , 2005, and that it was so adopted by the following vote: AYES: ' COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: r 1 ABSTAIN: COUNCILMEMBERS: �•✓ FREDERICK RAY, DEPUTY CITY CLERK CITY OF LAKE ELSINORE (SEAL) 45644372.2 AGENDA ITEM F�6 PAGE_ �9z) OF_�2- STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolution'was duly adopted by the City Council of said City at a regular meeting. thereof held on the , . day of 2005, and that it was so adopted by the following vot: AYES: NOES: ABSENT: Y ABSTAIN: By: City Clerk of the City of Lake Elsinore 4564372.2 AGENDAITLM�Y- = - -- PAGE�OF o I7 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (IMPROVEMENT AREA A) (IMPROVEMENT AREA B) (IMPROVEMENT AREA C) 45644372.2 `,.✓ IN AGENDA ITEM NO. pAGE /Lj.1 OF �. i i ri EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO., 2005 -2 OF THE CITY OF LAKE ELSINORE - (Alberhill Ranch),, (IMPROVEMENT.AREA A) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area "A•of the City of Lake Elsinore Community Facilities District No'. 2005 -2 (Alberhill Ranch) ("CID No. 2005 -2 "). The Special Tax shall be levied on and collected in Improvement Area A of CFD No.'2005 -2 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below: All of the real property " within Improvement Area A, unless exempted by law or by the provisions hereof, shall be taxed for ' the purposes; to the extent, and in the manner herein provided. SECTION A DEFINITIONS ^ The terms hereinafter set forth have the "following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map,.or if the land area is not shown on'an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably"'estimated costs directly related to the administration of Improvement Area A: the costs of computing the Special Taxes and preparing the 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 for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the discharge -of the duties required of it under the Indenture; the costs to the City, Improvement Area A or•anydesignee thereof 'of complying with arbitrage rebate requirements; the costs to the City, Improvement Area A or any designee thereof of complying with disclosure requirements of the City, Improvement Area A 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, Improvement Area A or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses: shall also include amounts estimated- by the CFD Administrator or advanced by the Cityor hnprovement Area A for any other administrative purposes of Improvement - City of Lake Elsinore ' - "- -- June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch).. AGENDA ITEM NO.. - Improvement Area A 2/7 PAGE %y,1_,0P . .Page ] Area A, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. "Approved Property" means.all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January.l"preceding the Fiscal Year in which the Special - Tax is being levied, and (ii) that have not been issued a building permit -on -or before May I" preceding the Fiscal Year in which the Special.Tax is being levied. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for ' purposes of identification. �•✓ "Assigned Special Tax for Facilities", means the Special Tax of that name described in Section D below. "Backup Special Tax for Facilities" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long -term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long -term contracts, or any , refunding thereof, to which Special Taxes for Facilities within Improvement Area A have been pledged. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, , exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. E "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or.designee thereof, responsible -for (i) determining the Special Tax Requirement for Facilities,. (ii) determining the Special Tax / Requirement for Services; as defined in Section L, as applicable, and (iii) providing for the levy and. �J collection of the Special Taxes. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) �'AGENDA HEW, ly " Improvement Area A F A PAGE IL) OF Page 2 17 "CFD No. 2005 -2" means Community. Facilities District No. 2005 -2 (Alberhill Ranch) established by the City under the Act. " City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake, Elsinore, acting as the Legislative Body of CFD No. 2005 -2, or its designee: "County " means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January l" preceding the Fiscal.Year in which the Special Tax is being levied, and (ii) a building permit for new construction was issued on or before May I s` preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exeimpt from Special Taxes, as provided for in Section J. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan ,pursuant to California Civil Code 1352 that creates' ( individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 of any year and-ending the following June 30. "Improvement Area A "means Improvement Area A of CFD No. 2005 -2, as identified on the most recent boundary map for CFD No. 2005 -2 on file with the County of Riverside Recorder's office. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any f instrument replacing or supplementing the same. "Land Use Type" means any of the types listed in Table 1 of Section Di "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C, that can be levied by CFD No. 2005 -2 within Improvement Area A in any Fiscal Year on any Assessor's Parcel. "Non- Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non - residential use. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax . for Facilities obligation for an Assessor's Parcel, as described in Section H. City of Lake_ Elsinore. - -• June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) AGENDA ITEM N0. Improvement Area A PAGE �QF_! " - . Page 3 X "Prepayment Amount" means the amount required to prepay the Special Tax for Facilities ( ) obligation in full for an Assessor's Parcel, as described in Section G: vz "Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special Tax for Facilities under step four of Section F; "Proportionately" in step four means ihat the'quotientiof (a) actual Special Tax for Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J. "Residential Property " means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property: „. . "Single Family Unit" means a residential dwelling unit other than an Apartment Unit. "Special Tax" means any of the special taxes authorized to be levied within Improvement Area A ".6' by CFD No. 2005 -2 pursuant to the Act' "Special Tax for Facilities" means any of the special taxes authorized to be levied within Improvement Area A byCFD No. 2005-2 pursuant to the Act to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs' on all outstanding Bonds due in the Calendar Year that% commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax for Facilities delinquencies in the prior Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition -or construction of facilities authorized by CFD No. 2005 -2 .provided that the inclusion of such amount does not cause an increase in the levy of Special Tax for Facilities on Undeveloped Property as set forth in Step Three of Section F., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor's Parcels within Improvement Area A, which are not Exempt Property: "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. �.✓ City of Lake Elsinore _ AAEflI ®A fiEM PvCI. "June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch)'- -- Improvement Area A. ��� Page 4 V "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property.' SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2006 -07, each Assessor's Parcel within Improvement Area A shall be classified as Taxable Property or Exempt Property.' In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved`Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non 'Residential Property: Lastly, each Assessor's Parcel of Residential, Property shall further be classified as a Single Family Property ' Apartment Property, and each Assessor's Parcel.of Single Family Property shall be assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building Square Footage. n SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES L. Developed Property The Maximum, Special Tax for "Factltties' for each Assessor's Parcel of Single Family Property iri any Fiscal Year shall be the greater of (i) the Assigned Special Tax`for Facilities or (ii) the Backup Special Tax for Facilities. The Maximum Special Tax for Facilities for`each Assessor's Parcel of Apartment Property or Non- Residential .Property shall be the applicable Assigned Special Tax for Facilities described in Table 1 of Section D. Prior to the issuance of Bonds,.the Assigned Special Tax for Facilities on Developed Property set forth in.Table I may be,reduced in accordance with, and subject to the '.condition's- 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 City 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 Maxintum Special Tax for Facilities on Developed Property maybe reduced (by modifying Table 1) 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. In order to reduce the ( Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special Tax for Facilities for Undeveloped Property. The reductions permitted City of Lake Elsinore -- AGENDA ITEM No.,D . -- June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch), Improvement Area A- " - PAGE ..Z.�Y2 OF oZ —L^L " Page 5, pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which ( 1 the City shall cause to be recorded by executing 'a certificate in substantially the form attached hereto as Exhibit "A ". 2. Multiple Land Use Type In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Types located on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 3., Approved Property, Undeveloped Property and Provisional Undeveloped Property ' The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Approved, v Propert y, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the applicable Assigned'Special'Tax for Facilities:` SECTION D ASSIGNED SPECIAL TAX FOR FACILITIES 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Property, or Non - Residential Property shall be.subject.to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2606 -07 shall be determined.pursuI to Table 1 below. TABLE I ASSIGNED SPECIAL TAX FOR FACILITIES RATES FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2006-07' ` Land,Use Ty0e Building S uam Footage Rate Single Family Property Greater than 3,650 $4,566 er Sin' le Family Unit Single Family Property 3,151— 3,650 $4,280 per Single Family Unit Single Family Property 2,551 - 3,150. $3,373 per Single Family Unit Single Family Property 2,051-2,550 $3,220 per Single Family Unit 'Single Family Property 1,851 — 2,050 $2,896 per Single Family Unit Single Family Property Less than ore ual to 1,850 $2,753 er Single Family Unit Apartment Property. N/A $21,330 per Acre Non - Residential Pro ert , I N/A $21,330 per Acre ' City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) AGENDA ITEiYi l3it.' Improvement Area A PAM Z�OF ;. 17 Page 6 (� 2. Approved Property Undeveloped Property and Provisional Undeveloped Prope Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional•Undeveloped Property shall be subject to an Assigned SPecial Tax for Facilities. The Assigned Special Tax -for Facilities rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2006 -07. shall be $21,330 per Acre. 3. Increase in the Assigned Special -Tax for Facilities}, ,. . On each July 1, commencing July 1, 2007, the Assigned Special Tax for Facilities rate for Developed : Property, j Approved. Property, Undeveloped • Property. and Provisional Undeveloped Property shall be increased by two percent (2.00 %). of the amount in effect in the prior Fiscal Year. SECTION E, BACKUP SPECIAL TAX FOR FACILITIES At the time a Final Map is recorded,'the Backup Special Tax for Facilities for. allAssessor's Parcels ofDeveloped Property classified or reasonably expected to be classified as a Single Family Property within such Final Map area shall be determined by (i) multiplying (a) the Maximum Special Tax for n Facilities rate for Undeveloped Property by (b) the total Acreage of Taxable Property in such Final' Map area; excluding Acreage classified'asProvisional Undeveloped Property, Acreage classified or remonably'expected to be classified as Apartment Property or Non- Residential Property, and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results id (i) by the total number of Single Family Units reasoitablyexpected to be constructed within such Final Map area. The resulting quotient shall be the Backup Special Tax for Facilities for-each Assessor's Parcel of Single Family Property within such Final Map area. The Backup' Special. Tax for Facilities shall not apply to Non - Residential Property or Apartment Property. Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as Single Family Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax for Facilities for the area that has. been changed or modified shall be recalculated, based on,the methodology above, to equal the amount of Backup Special Tax for Facilities that would have been generated if such change did not take place. On each July 1, commencing July 1, 2007, the Backup Special Tax for Facilities rate shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. City of Lake Elsinore " June 30, 2005 Community Facilities-District No. 2005 -2 (Alberhill Ranch) [ , dill ®a r,a �w. _. Improvement Area A - �_1 q OF °2 1 7 :- Page 7 . SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commericing FiscalYear 2006 -07 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: The Special Tax for Facilities shall be levied Proportionately on each As'sessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax for Facilities rates in Table I to satisfy the Special Tax Requirement for Facilities: Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first'step has been completed, the Special Tax for Facilities shall be levied Proportionately' on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the'Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to.each such Assessor's' Parcel as needed to satisfy, the Special Tax Requirement • for Facilities. . Step Four: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities. after.the first three steps have been completed, then the Special Tax for Facilities on `++/ each Ass'essor's Parcel of Developed Property whose Maximum Special Tax for,, Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special Tax for Facilities up to 100% of the Backup Special Tax: for Facilities as needed to satisfy the Special Tax Requirement for,Facilities. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first four steps have been completed, the Special-Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by owner of any other Assessor's Parcel within Improvement Area A. SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES City of Lake Elsinore AGENDA ITEM N0. � L June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area A - PAGE L50 OF _2 Page 8 I The following additional definitions apply to this Section G`., "CFD Public Facilities" means $22,000,000 expressed in 2005 dollars, which shall increase bythe Construction Inflation Index on July 1, 2006, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for Improvement Area A, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be'supported by Special Taxes for Facilities levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2005 -2. "Construction Inflation Index" means the annual percentage change in the Engineering News- , Record Building Cost Index for the city'of Los Angeles*, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to bepublished, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News- Record Building Cost hidex for the city of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public' facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded.by interest earnings on the Construction Fund actually earned prior 1 to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes for Facilities which will remain outstanding_ after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Taxes for Facilities. The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided thatthere are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's' Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined, as described below. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such notice the CFD Administrator- shall notify such'owner of the Prepayment Amount of 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 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch).. -, AGENDAITEM NO.�.. ImprovementArea A PAGE /51 OF o1 / Page 9 .y The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the ( 1 following formula (capitalized terms defined below): City of Lake Elsinore AGENDA ITEM NO. "ie 30; 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) • •. Improvement Area Ae PAGE r�OF oL / 7 Page 10 ' Bond Redemption. Amount plus . Redemption. Premium • . . plus Future Facilities Amount . . plus .. Defeasance Cost • •, plus Administrative Fee less Reserve Fund Credit less, Canitalized Interest, Credit: equals .: Prepayment Amount. As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1. For' an Assessor's Parcel of Developed Property,, compute the Assigned Special. Tax. for. Facilities and Backup. Special Tax for Facilities, if any, applicable. to the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property, compute the Assigned Special Tax for Facilities and the Backup Special Tax for Facilities as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Special Tax for Facilities for that Assessor's Parcel. 2. For. each •Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a) divide the. Assigned Special Tax for Facilities, computed pursuant to paragraph 1 for,such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout; -as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum, of the estimated Backup Special Tax for Facilities applicable to all Assessor; s Parcels of Taxable Property at buildout, as reasonably determined by the City. . 3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds. The product shall be the "Bond Redemption Amount ". j 4. , Multiply the -Bond Redemption Amount by the applicable redemption premium, if any; on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption' Premium: ". _. ( ) 5. Compute the Future Facilities Cost. �✓ City of Lake Elsinore AGENDA ITEM NO. "ie 30; 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) • •. Improvement Area Ae PAGE r�OF oL / 7 Page 10 ' 6. f Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the amount determined pursuant to paragraph 5, to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount "). 7 Compute the amount needed to pay interest on Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest redemption date for the Outstanding Bonds. 8. t he actual Special "Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 9.4 Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Rederription Amount plus the'Redemption Premium until the earliest redemption date for the Outstanding Bonds. 10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the amount' computed pursuant to, paragraph 9.. =This difference, is the '.'DefeasanceCost. "� 11. Estimate the admimstratrve- fees and ,expenses associated with ` the prepayment including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to; /^� evidence the prepayment and the redemption. This amount is the "Administrative Fee." r 12.1' Calculate the "Reserve Fuiid Credit" as the lesser ,of: (a) the, expected reduction in the applicable reserve requirements, if any, associated with the, redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the'foregoing, if the reserve fund requirement is satisfied by a surety bond °or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than'0. 13. 'It any "capitalized'interest for'the Outstanding Bonds will not have been I xpended - as "of the date immediately following the first interest and/or principal payment following the current Fiscal, Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the expected balance in the capitalized interest fund or account under the Indenture 'after such first interest and/or principal payment. This amount is the "Capitalized Interest Credit -" ! 14. The Prepayment Amount is equal to the, sum of the Bond Redemption Amount, the Redemption' Premium, the Future Facilities Amount, the City of Lake Elsinore - June 30, 2005 AGENDA ITEM N ©.�- -- Community Facilities District No. 2005 -2 (Alberbill Ranch) Improvement Area A - _ .. "PAGELL�_OF�)_I i�� Page 11 '- I Defeasance (Cost, and the Admiriistiative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit.' redit ` 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 10, 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and used to retire Outstanding' Bonds or make debt service payments: The *amount computed pursuanf to paragraph 6 shall be deposited into. the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by bitprovement Area A. The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments: With respect to 'd Special tax 'for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of ImprovementArea A that `there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assesso'r's Parcel,'atid the obligation of such Assessor's Parcel to pay such Special Taxes for Facilities shall cease. ' Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.l tunes the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities obligation of an Assessor's Parcel of.Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or. is expected to.be issued, or and Assessor's Parcel, of Provisional Undeveloped Property, as calculated in this Section below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Partial Prepayment Amount shall be calculated according to the following formula: PP= (PG — A)xF +A The terms above have the followingmeanings: City of Lake Elsinore June 30, 2005 ' Community Facilities District No. 2005 -2 (Alberhill Ranch) AGENDA ITEM No :.� Improvement Area A - PAGE I"5 V OF -2)? Page 12 " `.0) `.d/ PP = the Partial Prepayment Amount. Po = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities obligation. A=— the Administrative.Fee calculated according to Section .G.i: 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 for Facilities and the .percentage by which the Special Tax for Facilities 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 for Facilities for an Assessor's Parcel within 30 days of the request and may charge areasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G, and (ii) indicate in the records of CFD No. 2005 -2 that there has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty ■ (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation to indicate .y the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax -for Facilities that may be levied on Taxable Property, after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly, scheduled annual interest and, principal payments on all currently Outstanding Bonds in each future.Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the.Special Tax for Facilities shall be levied on all Assessor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities shall cease not later than the 2041 -42 Fiscal Year, however, the Special.Taxes for Facilities_ will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments Ion the CFD No. .2005-2 Bonds have been paid; (ii) all'authorized facilities for CFD No. 2005 -2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes for;Facilities remain uncollected and (iv) all other obligations of Improvement Area A have been satisfied. . SECTION J EXEMPTIONS The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are f owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels City of Lake Elsinore June 30, 2005 Community Facilities District No: 2005 -2 (AlberhillRanch) ,; AGENDA ITEM NQ. Improvement Area A _ • PAGE -4A S QF 02 1 7 Page 13, which are used as places of worship and are exempt from ad valorem property taxes because they are ( 1 owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 70:78 Acres. Notwithstanding the above, the City Council shall not classify'an Assessor's Parcel as Exempt . Property if such classification would reduce the sum of all Taxable Property to less than 70.78 Acres.' Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 70.78 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F. SECTION K MANNER OF COLLECTION OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area A may collect Special Taxes for Facilities at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as `�✓ permitted by the Act. SECTION L SPECIAL TAX.FOR SERVICES The following additional definitions apply to this Section L: ; "Developed Multifamily Unit "•means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with'another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. ' "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by Improvement Area A in any Fiscal Year on any Assessor's Parcel. City of Lake Elsinore - June'30,2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) AGIEN�A II�TE�M�%1Q.. . Improvement Area A pgCE�0F �J i 7 ' Page 14 "Operating Fund" means:a fund that shall be'maintained for Improvement AreaA for any Fiscal Year. to pay for the actual costs of maintenance related to the Service Area; .and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2005 -2 pursuant to the Act to fund`the Special Tax Requirement for Services: "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for Improvement Area A equal to' (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain' components of the Service Area which have been accepted and maintained or are reasonably.expeeted to be accepted and maintained during the current Fiscal Year, (ii)�Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2005 -2" for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing Fiscal Year 2005 -2006 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2005 -2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as detei tined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services City of Lake'Elsinore June 30, 2005 Community Facilities District'No. 2005-2 (Alberhill Ranch) AGENDA ITEM NO., �— Improvement Area A PAGE /S i QP % ' Page 15 .y The Special Tax for Services shall be collected iii the same manner and °at the same time as ( 1 ordinary ad valorem property taxes, provided, however, that Improvement Area A may collect `1J the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. SECTION M APPEALS Any property owner claiming that the amount or application of the Special,Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The CFD Administrator shall promptly review the appeal,.and if necessary, meet with the property owner; consider written and oral evidence regarding the amount of the Special Tax, and rule n the appeal. If the CFD Administrator's decision requires that the Special Tax for an Assessor'. s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of }evy), but an adjustment shall be made to the Special Tax 'on that Assessor'.s Parcel in the subsequent Fiscal Year(s). The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or residents appeals. Any decision of the City Council shall be final and binding as to all persons. CITY OF`LAKE'ELSINORE AND CFD NO. 2005=X CERTIFICATE 1. Pursuant to Section of the Rate and Method of Apportionment of Special Tax (the "RMA "), the City of Lake Elsinore (the "City ") and Community Facilities District No. 2005- City of Lake Elsinore - AGENDA ITEIr %Q- " June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch), Improvement Area A PAGE j� OF Page ] 6 QW) `rrl X of the City of Lake Elsinore ("CID No. 2005 -X') hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property [within such Improvement Area]: (a) The information in Table 1 relating to the' Maximum Special Tax for Facilities for Developed Property, and/or Undeveloped Property within [Improvement Area X or CFD No. 2005 -X] shall be modified as follows; [insert Tahle I showing effective change to special. tax rates and /or insert change to special tax rates for Undeveloped Property] 2. Table 1, may only be modified,pnor to the issuance of Bonds 3. Upon,execution of the Certificate by the City and CID No., 2005 -X the City shall cause an . amended Notice of Special.Tax Lien [[orthe Improvement Area] lobe recorded reflecting the modifications set forth herein. „ By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CID No. 2005 -X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE 1 City of Lake Elsinore _ June 30; 2005 Community Facilities District No: 2005 -2 (Alberhill Ranch) AGENDA ff EY4i Improvement Area A ' ° ' g " ' "' `' PAGE ��ap Page 17 .y EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT. NO.; 2005-2 , OF THE CITY OF LAKE.EL•SINORE (Alberhill Ranch) (IMPROVEMENT AREA -B) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area B of the City'of Lake Elsinore Community Facilities District No. 2005 -2, (Alberhill Ranch) ("CID No. 2005 -2 "):. The Special Tax shall be levied on and collected in Improvement Area B of CID No. 2005 -2 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the Teal *property within Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land-area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Communities Facilities`Aci of 1982, as amended: being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means, the following actual or reasonably estimated costs directly related to the administration of Improvement Area B: the costs of computing the Special Taxes and preparing the 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 for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, Improvement Area B or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, Improvement Area B or any designee thereof of complying with disclosure requirements of the City, Improvement Area B 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, Improvement Area B or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CID Administrator or advanced by the City or Improvement Area B for any other administrative purposes of Improvement �••✓ City of Lake Elsinore June,30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) AGENDA l7bvi irv.' �' � Improvement Area B PACE_ /(o e) OF aL / 7 Page 1 ( Area B, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units' available for rental by the general public, not for sale to an ,end user; and under common management. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January, l't preceding the Fiscal Year in which the Special Tax is.being levied,, and.(ii),that have not been issued a building permit on or before May. 0 preceding the Fiscal Year in,which the Special Tax is being levied: ' "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor-'s Parcel Number. , "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number... _ "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned.Special Tax for Facilities" means the Special Tax of that name described,in Section D below. "Backup Special Tax for Facilities ", means the Special Tax of that name described in Section E below; "Bonds" means any obligation to repay a sum of money; including obligations in the form of bonds, notes, certificates . ofparticipation, long -term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long -term contracts, or any refunding thereof, to which Special Taxes for Facilities within Improvement Area B have been pledged. _ "Building Square Footage" pr "BSF" means the, square footage of assessable internal living space, exclusive of garages or other, structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. "Calendar Year" means the period commencing January.! of any year and ending the following December 31. "CFD Administrator" means an official.of,the City, or : designee thereof, responsible for (i) n determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax Requirement for Services, as defined in Section L, as applicable and (iii) providing for the levy and collection of the Special Taxes. City of Lake Elsinore - r. June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) ;AGENDA ITEM ND. Improvement Area B _ - - - per. /i,/ OF -2 7 'Page 2 e .y "CFD No. 2005 -2" means Community Facilities District No. 2005 -2 (Alberhill.Ranch) established. by the City under the Act. "City" means the City of Lake Elsinore. "City . Council" means the City Council of the City of Lake Elsinore; acting as the Legislative " Body:of CFD No. 2005 -2, or its designee. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a. Final Map that.was recorded prior -to the January 1St preceding theTiscal Year in which the Special Tax is being levied, and (ii) a building permit for new construction was issued on or before May,l't' preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Takes"' as provided for in Section J. "Final Map" means a subdivision of property by recordation of a final'map, parcel rnap,'orlot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation�ofA condomiiiium'plan pursuant to'California Civil Code 1352 that creates individual lots for which building permits maybe issued without further subdivision. "Fiscal'Year" means the period commencing on July l of any year and ending the following June 30. 1 . "Improvement Area B" means Improvement Area B of CFD N6.,2005'2, as identified on the most recent boundary map for CFD No. 2005 -2 on file with the County of Riverside Recorder's Office. "Indenture" meanst& indenture; fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued; as modified, amended and/or supplemented from time to time, and any instrumentreplacing or supplementing the same: "Land Use Type" means any of the types listed in Table I and/or Table 2 of Section D. "Maximum Special Tax for Facilities" means the rnaximurn Special Tax for-Facilities, determined in accordance with Section C, that can be levied by CFD, No: 2005 -2 within hmprovement Area B in any Fiscal Year on any Assessor's Parcel. "Multifamily Property" means all Assessor's Parcels of Residential Property on which one or more Multifamily Units are constructed. ' "Multifamily Unit" means a dwelling unit within a building comprised of attached residential units available for sale to an "end user. City of Lake Elsinore - June30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) AGENDA ITEM NU. Improvement Area B PAGE /AL OF % ' 'Page 3 t "Non - Residential Property" means all Assessor's Parcels of Developed -Property for which a building permit was issued for any type of non - residential use. "Partial Prepay ment'Amount" means the amount required to prepay a portion of the Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required -to prepay the Special Tax for'Facilities obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that-the ratio of the actual Special Tax fJr Facilities levy to the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. hi case of Developed Property subject to the apportionment of the Special Tax for Facilities under step four of Section F, "Proportionately" in step four means that the quotient of (a) Special Tax for Facilities less the Assigned Special Tax for Facilities divided by (b).the Backup Special Tax for Facilities less the' Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Propertythat would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in,Section J for Zone 1 or Zone 2 as applicable. s "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Single Family Property" means all ;Assessor's Parcels of.Residentlal Property other than Apartment Property and Multifamily Property. "Single Family Unit" means a residential dwelling unit, other than an Apartment. Unit or Multifamily Unit. "Special Tax" means any of the special taxes authorized to. be:levied.within hnprovement Area B by CFD No. 2005 -2 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to be levied within Improvement Area B by CFD No. 2005 -2 pursuant to the Act to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the. costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve. funds established in association with the: Bonds,; (v) an amount; equal to any anticipated shortfall due to Special Tax for Facilities: delinquencies in the prior Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by n CFD No. 2005 -2 provided that the inclusion of such amount does not cause an increase in the levy of 1 Special Tax for Facilities on Undeveloped Property as set forth in Step Three of Section F., less (vii) City of Lake Elsinore ' 'June 30, 2005 Community Facilities District No_. 2005 -2 (Alberhill Ranch): AGENDA 17 CNi uU,: c� . Improvement Area B. PAGE 4 2 OF L 7 Page 4 any amounts available,to pay,debtservice or other periodic costs on the Bonds pursuant to the ( j Indenture. `.0) "Taxable Property", means all,Assessor's•Parcels within Improvement Area B, which are not Exempt Property. r r ; , "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved. Property or Provisional Undeveloped Property. "Zone" means Zone 1 or Zone 2. "Zone,l" means a specific, geographic. area within Improvement Area B as depicted in Exhibit B attached hereto. - s "Zone 2" means a specific. geographic area within Improvement Area B -as depicted in Exhibit B attached hereto. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning withFiscal Year 2006-07, each Assessor's Parcel within Improvement Area B shall be assigned to Zone 1 or Zone 2 and shall be classified as Taxable Property or Exempt �••c� Property. In addition,�each Assessor's Parcel of Taxable Property -shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non - Residential Property.- Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property, Multifamily Property, or Apartment Property, and each Assessor's Parcel of Single Family Property and Multifamily Property shall be assigned to its appropriate. Assigned Special Tax for Facilities rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES 1. Developed Property .The Maximum Special Tax for `each Assessor's Parcel-of Single Family Property and Multifamily Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax: City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch), AGENDA Mao Improvement Area B PACE //, y OF -2 1 7 Page 5 The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or Non - Residential Property shall be the applicable Assigned Special Tax for Facilities described in Table 1 or Table 2 of Section D Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed Property set forth in Table I may be reduced in accordance with, 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 City 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 Maximum Special Tax for Facilities on Developed Property maybe reduced (by modifying Table'l j 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. In order to reduce the Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce • the Maximum Spec ialI Tax -for Facilities for Undeveloped Property. Thereductionspermitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by.executing -a certificate in substantially the form attached hereto ;asExhibit "A ". 2. Multiple La i . nd`Use TvUe ( In some instances an Assessor's - Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Types located on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 3. Approved Property Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Approved Property, Undeveloped Property,.or Provisional Undeveloped Property in any Fiscal.Year shall be the applicable Assigned Special Tax for Facilities. . SECTION D " ASSIGNED SPECIAL TAX. FOR FACILITIES - 1. Developed Property Each Fiscal Year, each A'ssessor's Parcel of Single Family Property, Multifamily Property, Apartment Property, or Non - Residential - Property shall be subject to an Assigned Special Tax for Facilities: The Assigned Special- Tax.for Facilities applicable. to an Assessor's Parcel of ^ Developed Property for Fiscal Year 2006 -07 shall be determined pursuant to Table 1 and f Table 2 below. City of Lake 'Elsinore . -- - - -- - .. June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) AGENDA ITEM N0. r- Improvement Area B "PACE 11, S . OF 'Page 6 .y TABLE 1 ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 1 . FOR FISCAL YEAR 2006 -07 Land Use Type Building Square Footage . Building S ware Footage Rate Rate Single Family Single Family Property $4,938 per Greater than 41250 $4,938 per Single Family Unit Single, Famil • Property Single Family 3,951 - 4,250 $4,661 per Single Famil Unit Single Family Pro erty 3,651 - 3,950 $4,356 lier Single'Family Unit Single Family Property 3,051 - 3,350 3135l- 3,650 $4,280 per Single Family Unit Single Family Property Single Family 3,051- 3,350 $3,564 per Single Family Unit Single Famil rope roperty Single Family 2,551- 3,050 $3,373 per Single l7whily Unit Single Famil Pro ert 2,051- 2,550 $3,220 per Single Fainily Unit Single Family Property per Multifamily 1,851 - 2,050. $2,896 pef Single Family Unit Family Property Multifdthil Less than orequal to 1,850 , $2,753 er Sin gle Famil Unit -Single , Multifamily Pro pert Less than orequal to 1,200 Greater than 1,600 $2,292 pei Multifamily Unit " N/A" Property Apartment Unit 1;401 - 1,600 ' . $2,148 er Mnitifamil Unit -Multifamily Property 1,201 -1,400 $2,005 e Multifamily Unit -Multifarnily Multifamily Property Less than orequal to 1,200 $1,862 per Multifamily Unit Apartment Property N/A - $20,167 per Acre Non: Residential Property N/A $20,167 per Acre TABLE 2 ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 2 FOR FISCAL YEAR 2006 -07 Land Use Type Building Square Footage Rate ` Single Family Property Greater than 4,250.•. $4,938 per Single Family Unit Single Family Property 3,951 - 4,250 $4;661, per Single Family Unit Single Family Property 3,651- 3;950: ": :. $4,356 per Single Family Unit Single Family Property 3,351 - 3,650 $4,280 per Single Family Unit Single Family Property 3,051 - 3,350 $3,564 er Single Family Unit Single Family Property 2,551 - 3,050 $3,373 per Single Family Unit Single Family Property -2,051 - 2,5501,_ _ ` ; $3,220 per Single Family Unit Single Family Property 1,851 - 2,050 $2,896 per Single Family Unit Single Family Property Less than orequal to 1,850 $2,753 per Single Family Unit Multifamily Property Greater than 1,600 $2,292 per Multifamily Unit Multifamily Property 1,401 -1,600 $2,148 per Multifamil Unit Multifdthil Property 1;201- 1,400 $2,005 per Multifamily Unit MV ltilfarnily Property Less than orequal to 1,200 1 $1,862 per Multifamily Unit A rtment Property " N/A" $600 per Apartment Unit Non - Residential Property N/A $5,000 per Acre ' City of Lake Elsinore AGENDA ITEM NO. � June 30, 2005 . Community Facilities District No. 2005 -2 (Alberhill Ranch) .-__�_ Improvement Area B - ' PAS. OF Page 7 " 2. Approved Property, Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special-Tax for Facilities rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year .2006-07 shall be $20,167 per Acre for Zone 1, and.$48,865 per Acre for Zone 2. 3. Increase in the AssianedrSpecial Tax for Facilities On each July 1, commencing. July 1, 2007, the Assigned Special Tax, for Facilities rate for Developed. Property, Approved . Property, Undeveloped Property.. and Provisional Undeveloped Property shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION E. BACKUP ANNUAL SPECIALTAX FOR FACILITIES At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's Parcels of Developed Property classified or reasonably expected to be classified as a Single Family Property - or Multifamily Property within such Final Map area shall be determined by (i) multiplying (a) the Maximum Special' -Tax, for. Facilities rate for Undeveloped Property by (b) the total Acreage of Taxable Property in such Final Map area, excluding Acreage classified as Provisional Undeveloped Property, Acreage classified or reasonably'expected to be' classified as Apartment Property or Non - Residential Property, and any Acreage reasonably expected to be classified as Exempt Property in such'Final Map area; and (ii) dividing the results in (i) by the total number of Single Family Units or Multifamily Units reasonably expected to be constructed within such Final Map area. The resulting quotient'shall be the Backup Special Tax for Facilities for each Assessor's Parcel of Single Family Property.or Multifamily Property within such Final Map area. The Maximum Special Tax for Facilities rate(s) applied in (i) abbve'shall be the applicable Undeveloped Property rate for the Zone in which each Assessor's Parcel is located; provided, however, if ari Assessor's Parcel is located in two Zones, the Maximum Special Tax for Facilities rate applied s_ hall be the lower of the two . Maximum Special Tax for Facilities rates. The Backup Special Tax for Facilities shall not apply to Non - Residential Property or Apartment 11 Property. , I. , . Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to.be classified as either Single Family Property or Multifamily Property are subsequently changed or modified by recordation,of a lot line adjustment or similar instrument, then the Backup Special Tax for Facilities for the area that has been changed or modified shall be recalculated, based on the methodology above, to equal the amount of Backup Special Tax for Facilities that would have been l generated if such change did not take place. City of Lake Elsinore AGENDA ITEM WV. � Jae 3Q 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) improvement Area B _ _. .. FAGS „�GF ")1'7 ....Page.8 .y On each July 1, commencing July 1, 2007, the Backup Special Tax for Facilities rate shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006 -07 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's % Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax for Facilities rates in Table 1 and Table 2 to satisfy the Special Tax Requirement for Facilities. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for - Facilities shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Annual Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property Q.0/ up to -100% of the Maximum Special Tax for Facilities applicable to each such, Assessor's Parcel as needed to satisfy the Special Tax Requirement for - Facilities. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax,for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special Tax for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy the Special Tax Requirement for Facilities. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first four steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped " Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Notwithstanding the above, under no cireuriistances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which an occupancy' permit` for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by owner of any other Assessor's Parcel within Improvement Area B. City of Lake Elsinore June 3Q 2005 AGENDA ITEM Community Facilities District No. 2005 -2 (Alberhill Ranch) NO. Improvement Area B PAGE / OF d, 17 Page 9 SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to thisSection G; "CFD Public Facilities" means $29,000,000 expressed in 2005 dollars, which shall increase by the Construction Inflation Index on July 1, 2006, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under'the authorized bonding program for Improvement Area B, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes for Facilities levied under this Rate and Method of Apportionment. ' "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible'under CFD No. 2005 -2. "Construction Inflation Index" -means the annual percentage change in' the Engineering News - Record Building Cost htdex for the city of Los Angeles, measuredas of the calendar year which ends iii the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall 'be . another ' index as "determined by the City'that is reasonably comparable to the ( Engineering News- Record Building Cost Index for the city of Los'Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes for Facilities which will remain outstanding after the first interest and/or principal payment date'following the' current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Taxes for Facilities. r.f The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's'Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or an Assessor's Parcel ofProvisional Undeveloped Property may be prepaid in full, provided that there are no delinquent- Special Taxes; penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount' for an Assessor's Parcel eligible for prepayment shall be determined'as described below. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of 1 such notice, the CFD Administrator shall notify such owner of the Prepayment Amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. City of Lake Elsinore - �^ -June 30, 2005 - Community Facilities District No. 2005 -2 (AlberhillRanch) ,AGENDA .ITEiui lw. Improvement Area B PAGE_2L_1j_0F .217 Page 10' ft -y Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption ofBonds from the proceeds of such prepayment maybe given by the Trustee pursuant to the Indenture. The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terns defined below): equa s, repaymen _ As of the date of prepayment, the Prepayment Amount shall be, calculated -as follows: 1. 2. For an Assessor. Is Parcel of Developed Property, compute the Assigned Special Tax for Facilities and Backup. Special Tax for Facilities, if any, applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved,; Property or Undeveloped, Property, compute the Assigned Special Tax for Facilities and the Backup Special Tax for Facilities as though it was already . designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the. Assigned Special Tax for Facilities for that Assessor's Parcel For each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a) divide the Assigned Special, Tax for ,Facilities, computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities applicable to all Assessor's Parcels ofTaxable Property at buildout, as reasonably. determined by the City. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds. The, product shall be, the `.Bond Redemption Amount ". 4. Multiply the. Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds,to be redeemed with the proceeds City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch). AGENDA 1Tttvn Improvement Area B pmE / 70 OF �2,�, , Page 11 `s/ Bond Redemption Amount; plus - Redemption Premium: plus. Future Facilities Amount plus - Defeasance Cost plus Administrative Fee „ less Reserve Fund Credit less Capitalized Interest Credit 1 P t Amount equa s, repaymen _ As of the date of prepayment, the Prepayment Amount shall be, calculated -as follows: 1. 2. For an Assessor. Is Parcel of Developed Property, compute the Assigned Special Tax for Facilities and Backup. Special Tax for Facilities, if any, applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved,; Property or Undeveloped, Property, compute the Assigned Special Tax for Facilities and the Backup Special Tax for Facilities as though it was already . designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the. Assigned Special Tax for Facilities for that Assessor's Parcel For each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a) divide the Assigned Special, Tax for ,Facilities, computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities applicable to all Assessor's Parcels ofTaxable Property at buildout, as reasonably. determined by the City. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds. The, product shall be, the `.Bond Redemption Amount ". 4. Multiply the. Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds,to be redeemed with the proceeds City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch). AGENDA 1Tttvn Improvement Area B pmE / 70 OF �2,�, , Page 11 `s/ �of the Bond Redemption Amount. This., product- is, the "Redemption Premium'.", 5:' , Compute the Future Facilities Cost:. . c - ` 6._ Multiply the larger quotient • computed pursuant to paragraph 2(a) or 2(b) by the amount determined pursuant to paragraph 5 to determine the.Future Facilities Cost to be prepaid (the "Future Facilities Amount "). 7, .Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest redemption date for the Outstanding Bonds. 8. - Determine the actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 9. Estimate the amount of interest eamings to be derived from the reinvestment. of the Bond Redemption Amount.plus the Redemption Premium until the earliest redemption date for the Outstanding Bonds. 10. Add the amounts computed :. pursuant to paragraph 7 and 8 and subtract the amount computed pursuant to paragraph 9. This difference is the "Defeasance -. n Cost." . ' 11.. • . Estimate the administrative fees and expenses associated with the prepayment, including.the costs of computation of the Prepayment Amount, ; the costs of redeeming Bonds, and the -costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee." 12. Calculate the "Reserve; Fund Credit" as.the lesser; of. (a) the expected: reduction in the applicable reserve requirements, if any, associated with the . redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund,Credit shall in no event be less,than 0. 13. If any capitalized interest for the Outstanding Bonds will riot have been _ expended as of.the, date immediately, following the first interest and/or principal payment; following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the expected balance in the capitalized City of Lake Elsinore J -June 30, 2005 , Community Facilities District No. 2005 -2 (Albe hill Ranch) AGENDA ITEM Iwiovement Area B : -. :'- { _ P 22(_DF „� % 7 Page. 12 interest fund or account under the Indenture after such first interest and/or principal payment. This amount is the "Capitalized interest Credit." 14. The Prepayment Amount is equal, to. the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the ;Defeasance Cost,'and the Administrative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit. 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3; 4, 10, 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by Improvement Area B. y The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 increment of Bonds. In such cases, the increment above $5 ;000 or integral.multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. - With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement -- Area-B that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assessor's Parcel and the obligation of such Assessor's Parcel to pay such Special Taxes for.Facilities shall cease. "t Notwithstanding the foregoing, no prepayment will be allowed unless the.aniount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the'regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. 'SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES They Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H below, may be'partially prepaid, provided that there are no delinquent Special Taxes, penalties; oi'interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation'would be prepaid. City of Lake Elsinore June 30, 2005, Community Facilities District No. 2005 -2 (Alberhill Ranch) AOENDAITEM NO. Improvement Area B - _ Pte_ 2,� -OF d 1 i Page 13;, The Partial Prepayment Amount shall be calculated according to the following formula: ( PP= (PG — A)xF +A The terms_ above have the following meanings: PP = the Partial Prepayment Amount. Po = the Prepayment Amount calculated according to Section G. F the percent by which the owner of the Assessor's Parcel is partially prepaying.-, the Special Tax for Facilities obligation., A - the Administration Fee calculated according to Section G. 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 for Facilities and the percentage by which the Special Tax for Facilities 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 for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid; the City Council shall (i) distribute the funds remitted to it according to Section G, and (ii) shall indicate in the records of CFD No. 2005 -2, that, there has been a partial prepayment of the Special. Tax for.. Facilities obligation and shall cause a suitable notice to be recorded incompliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation to indicate the partial prepayment of the Special Tax for Facilities obligation and the f partial release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses; 'shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. n SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Assessor's Parcels subject to the Special. Tax, for Facilities. The Special Tax for Facilities shall cease not later than the 2043 -44 Fiscal Year, however, the Special Taxes for Facilities 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 -2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2005 -2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and (iv) all other obligations of Improvement Area B have been satisfied. City of Lake Elsinore June 30, 2005 Community Facilities. District No: 2005 -2 (Alberhill Ranch) Ai;ENDA ITEPA N�. .d— Improvement Area B PAGE 7 OF 17 Page 14 SECTION J EXEMPTIONS `,rj The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places ofworship and are exempt from ddvalorem propeiy taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication; encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for, other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided thatno such classification would reduce the sum of all Taxable Property to less than 85.59 Acres for Zone I and 6.80 Acres for Zone 2. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Propertylo less than 85.59 Acres for Zone 1 and 6.80 Acres for Zone 2. Assessor's Parcels which'cannoYbe classified.as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 85.59 Acres'for Zone 1 and 6.80 Acres for Zone 2 will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes for Facilities pursuant to Step Five in Section F. SECTION K MANNER OF COLLECTION, The Special Tax for Facilities shall be collected in the same mannerand at the same time as ordinary ad valorem property taxes; provided, however „that Improvement Area B may collect Special Taxes for Facilities at a different'time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. SECTION L SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section L: "Developed Multifamily Unit” means a residential dwelling unit Within 'a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a- building permit has been issued by the City for such dwelling unit•on or prior to May'] preceding the Fiscal Year in which the Special Tax for Services is being levied.' City of Lake Elsinore _ June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) AGENDA ITEM NO. - . Improvement Area B PAGE � 79 OF -117 Page 15 r "Developed Single Family. Unit"--means a residential dwelling unit other than a.Developed 1 Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by hnprovement Area B in any Fiscal Year do any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained` forImpmvement Area B for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and stone drains. u "Special Tax for Services" means any ofthe special taxes authorized to,be levied within CFD No 2005 -2 pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirementfor Services" means the amount determined in any Fiscal.Year for Improvement Area B equal,to (i) the budgeted costs directly related to the Service Area, including ^ maintenance, repair and replacement of certain components of the Service Area which have been l accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No.. 2005 -2 .for the previous Fiscal Year,, less (iv) the Operating Fund Balance, as.determined by the CFD; Administrator.-_, 1. Rate and Method of Apportionment of the Special Tax for Services Commencing Fiscal Year 2005 -06 and foueach subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2005 -06 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services City of Lake Elsinore June 30, 2005 Community Facilities District No: 2005 -2 (Alberhill Ranch)- _AGENDA ITEM M N Improvement Area B -- - - 6th % i5 ®F d l Page.16 - The Special Tax for Services-shall be levied in perpetuity to fund the Special Tax Requirement for Services,.unless no longer required'as determined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area B may collect the Special Tax for Services at .a different. time or in, a different manner if necessary to meet its funding requirements. !, SECTION M APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first insiallment of the Special Tax that is disputed: The CFD Administrator shall promptly, review the appeal, and ifnecessary, meet with the property owner,. consider written and oral evidence regarding the amount of the Special Tax, and rule on the .appeal. If the CFD Administrator's decision requires that the Special Taal for an Assessor's Parcel be"modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel'in the subsequent Fiscal Year(s). , The City Council may interpret'this Rate and Method of Apportionment for purposes of clarifying' any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or residents appeals. Any decision of the City Council shall be final and binding as to all persons. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) • AGENDA-ITEM iw. Improvement Area B PAGE / 2( OF a 1 -7 'Page 17 n EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO. 2005-X CERTIFICATE 1. Pursuant to Section of the Rate and Method of Apportionment of Special Tax (the `RMA "), the City of Lake Elsinore (the "City ") and Community Facilities District No. 2005 - X of the City of Lake Elsinore ("CFD No. 2005 -X ") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property [within such Improvement Area]: (a) The information in Table 1 relating to the Maximum Special Tax for Facilities for Developed Property and/or Undeveloped Property within [Improvement Area X or CFD No. 2005 -X7 shall be modified as follows: [insert Table 1 showing effective change to special tax rates and /or_.insert change to special tax rates for Undeveloped Property] 2. Table 1 may only be modified prior to the issuance of Bonds. 3. Upon execution of the Certificate by the City and CFD No. 2005 -X the City shall cause an namended Notice of Special Tax Lien [for the Improvement Area] to be recorded reflecting the modifications set forth herein. n By execution hereof, the undersigned acknowledges, on behalf of the City ofLake Elsinore and CFD No. 2005 -X, receipt of this Certificate and modification of the RMA asset forth in this Certificate. CITY OF LAKE ELSINORE In CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 2005 -X OF THE CITY OF LAKE ELSINORE 50 Date: Date: City of Lake Elsinore : " , June 30, 2005 Community Facilities District No 2005 -2 (Alberhill�Ranch) 1 ;- AGENDAITElii Improvement Area B PAW f OF a 1 -� Page 18 ' l City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) - AGENDA (TEM n.:.. Improvement Area B - - PAGE OF a /'7 Page 19 n 1 n p t City of Lake Elsinore - - ' - - .June 30, 2005 -° Community Facilities Disnicf No. 2005 -2 (Alberhill Ranch) AGENDA ITEM NO.- Improvement Area B PJAiEIZZ.—OF –=�� Page 20 :y EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-2 OF THE CITY OF LAKE ELSINORE (Alberbill Ranch) (IMPROVEMENT AREA C) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in Improvement Area C of the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) ( "CFD No. 2005 -2 "). The Special Tax shall be levied on and collected in Improvement Area C of CFD No. 2005 -2 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area C, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by43,560. "Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of Improvement Area C: the costs of computing the Special Taxes and preparing the 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 for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, Improvement Area C or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, Improvement Area C or any designee thereof of complying with disclosure requirements of the City, Improvement Area C 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, Improvement Area C or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CID Administrator or advanced by the City or Improvement Area C for any other administrative purposes of Improvement City of Lake Elsinore �"�� June 30, 2005 Community Facilities-District No. 2005 -2 (Alberhill Ranch) AGENDA ITEWNt3. d`�= -, -,_., , Improvement Area C - PAGE r� 2_OF �? Page I 1 Area C, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent;Special Taxes. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January I s.` preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have.not been issued a building permit on or ,before May lst preceding the Fiscal Year in which the Special Tax is being levied. ' "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for /1 purposes of identification. I "Assigned Special Tax for Facilities" means the Special Tax of that name described in Section D, below. . "Backup Special Tax for Facilities" -means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form ofbonds, notes, certificates ofparticipation, long -term leases; loans from government agencies, or loans from banks, other financial institutions ,private businesses; or individuals, or long'4erm,contracts, or any refunding thereof, to which Special Taxes for Facilities within Improvement Area C have been pledged. "Building Square Footage", or "BSF" means the square footage of assessable internal living space,, exclusive of garages or other sti uctures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. "Calendar Year" means the period commencing, January l of any year and ending the following December 31. "CFD,Administrator" means an official of the City, or designee thereof, responsible for (i) /-� determining the Special ' Tax Requirement for Facilities, (ii) determining the Special, Tax ( Requirement for Services, as defined in Section L, as applicable and (iii) providing for the levy and collection of the Special Taxes. City o 17L ake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch)AGENDA ITEM NQ, Improvement Area C '� Page 2 PAGE /_ L OF — i "CFD No. 2005 -2" means Community Facilities District No. 2005 -2 (Alberhill Ranch) established "6. by the City under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting'as the Legislative Body of CFD No. 2005 -2, or its designee.' "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1St preceding the Fiscal Year in which the.Special Tax is being levied, and (ii) a building permit for new construction was issued on or before May 1St preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from *Special Taxes as provided for in Section J. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision: "Fiscal Year" means the period commencing on July r of any'year and ending the following June 30. "Improvement Area C " 'means Improvement Area C of CFD No. 2005 -2, as identified on the most recent boundary map for CFD No. 2005 -2 on file with the County of Riverside Recorder's Office.'' "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time_ to time, and any instrument replacing or supplementing the same. "Land Use Type" means any of the types listed in Table I and /or Table 2 of Section D. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined irr accordance with Section C, that can be levied by CFD No. 2005 -2 within Improvement Area C in' any Fiscal Year on any Assessor's Parcel. "Multifamily Property" means all Assessor's Parcels of Residential Property on which one or more Multifamily Units are constructed. "Multifamily Unit" means a dwelling unit within a building comprised of attached residential units available for sale to an end user. City of Lake Elsinore — June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) AG DA MM � ®` `' Improvement Area C 7 Page 3 " Non - Residential: Property" means all Assessor's Parcels of Developed. Property for which a building permit was issued for any type of non - residential use. "Partial Prepayment Amount ". means the amount required to prepay a portion of the Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount'.' means the amount required to prepay. the Special Tax for Facilities obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio ofthe actual Special Tax for Facilities levy to.the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special Tax for Facilities under step four of Section F, "Proportionately" in step four means that the quotient of (a) Special Tax for Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. a "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would ry otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J for Zone 1 or Zone 2 as applicable. "Residential Property" means all `Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Single Family Property ",means all Assessor's Parcels of Residential Propert y, other than Apartment Property and Multifamily Property. "Single Family,Unit" means a residential dwelling unit other than an Apartment Unit or- Multifamily Unit "Special Tax" means any of the special taxes authorized to be levied within Improvement Area C by CFD No. 2005 -2 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to be levied within Improvement Area C by CFD No. 2005 -2 pursuant to the Act to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means the amount required in any Fiscal Year to pay: (i) the debt. service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any" reserve funds established in association with the Bonds, (v) an amount equal to any, anticipated shortfall due to Special Tax' for Facilities delinquencies in the prior Fiscal Year, and (vi) the - collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2005 -2 provided that the inclusion of su&amount does not cause an increase in the levy of t Special Tax for Facilities on Undeveloped Property as forth in Step Three of Section F., less (vii) City. of Lake Elsinore - .- - _ - . -- - . -I June 30,.2005 - Community Facilities District No: 2005 -2 (Alberhill Ranch) AGENDA ITEM N0. Improvement Area C PAGE N 3 0 F a 7 page 4 .y any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor's Parcels' within Improvement Area C, which are not Exempt Property. "Trustee" nleans the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. "Zone" means Zone l or Zone 2'' "' • ` • " - -' "Zone 1" means a specific geographic area within Improvement Area C as 'depicted in Exhibit B' attached hereto. "Zone 2" means a specific geographic area within Improvement Area C -as depicted in Exhibit'B attached hereto. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2006 -07 ; each Assessor's Parcel within hnprovement Area C shall be assigned to Zone I or Zone 2 and shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's. Parcel of Developed Property shall further be classified as Residential Property or Non - Residential Property. ' Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property, Multifamily Property, or Apartment Property, and each Assessor's Parcel of Single Family Property and Multifamily Property shall be assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX FOR FACILITIES 1. Developed Property " The Maximum Special Tax for each Assessor's Parcel of Single Family Property and Multifamily Property in any Fiscal Year shall be, the, greater, of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax. ` City f Lake Elsinore June 30, 2005 ri AGENDA ITEfifi,Al Community Facilities District No. 2005 -2 (Alberhill Ranch) " ' 'p� /�L Improvement Area C - - { OF e2 {" - Page 5' 1 The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or Non- Residential Property shall be the applicable Assigned Special Tax for Facilities described in Table 1 or Table 2 of Section D Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed Property set forth in Table 1 may be reduced in accordance with, 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 City Council, the "Goals and Policies ") calculated pursuant tor the Goals and Policies exceeds the City's maximum level` objective set forth in such document, the Maximum Special Tax for Facilities on Developed Property may be reduced (by modifying•Table 1) 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. In order to reduce the i Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special, Tax for Facilities for Undeveloped Property. 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. by executing a certificate in substantially the form attached hereto as Exhibit "A ". 2. Multiple Land Use Type ( In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax for Facilities levied on -An Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Types located on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 3. Approved Property, Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for Facilities for each" Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the applicable Assigned Special Tax for Facilities. SECTION D ASSIGNED SPECIAL, TAX FOR FACILITIES, 1. Developed Property Each " Fiscal Year, each Assessor's Parcel of Single Family Property, Multifamily Property, Apartment Property, or Non - Residential Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2006 -07 shall be determined pursuant to Table 1 and Table 2 below. City of Lake Elsinore - June 30, 2005 Community Facilities District No.-2005 -2 (AlberhillRanch) AGENDA ITEM NO.. Improvement Area C PACEL4L.�__OF o2 / Page 6 ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 1 FOR FISCAL YEAR 2006 -07 Land Use Type , Building Square Footage , , Rate . Single Family Property Greater than 4,250 $4,938 per Single Family Unit Single Family Property 3,951 -, 4,250 $4,661 per Single Family Unit Single Famil -Pro ert 3,651 - 3,950 $4;356 per Single Family Unit Single Family Property,, 3,051.- 3,650 _ $4,000 per Single Farnily,Unit Unit Single Family Property 2,751 - 3,050 $3,659 per Single Farnil :Unit Single Family Property 2,451 = 2,750 $3,507 per Single Family Unit Single Family Property Less than orequal to 2,450 $3,373 per Single Family Unit Multifamily Property Greater than 1,600 $2,292 per Multifamil Unit Multifamily Property 1,401, - 1,600. $2,148 per Multifamil Unit Multifamily Property 1,201.-1,400 $2,005 -erMultifamil Unit Multifamil . Property Less than orequal to 1,200 $1,862 er Multifamily Unit A artmentProperty N/A $24,110 er'Acre A er artment Unit - Non - Residential Pro e N/A $24,110 2er Acre TABLE 2 ASSIGNED SPECIAL FOR FACILITIES TAX RATES FOR DEVELOPED PROPERTY WITHIN ZONE 2' r FORFISCAL YEAR 2006 -07 • . Land Use Type Building Square Foota a Rate Single Family Property Greater than 4,250 $4,938 per Single Family Unit -Single Family Property 31'951 - 4,250 $4,661, per Single Family Unit -Single Family Property 3,651 - 3,950 $4,356 per Single Family Unit Single Family Property 3,051 _ 3,650 $4,000 ji6r Single Farnil Unit Siti le Family Pro ert 2,751 _'31050 $3,659 per Single Family Unit Single Family Property 2,451.- 2,750 $3,507 per Single Famil Unit Single Family Property Less than orequal to 2,450 $3,373 er Single Family Unit Multifamily Property Greater than 1,600 $2,292 per Multifamil Unit -Multifainily Property 1,401- '1,600 $2,148 per Multifamil Unit -Multifarnily Property 1,201 - 1,400 $2,005 per Multifamily Unit Multifamily Property Less than orequal to 1,200 $1,862 per Multifamily Unit Apartment Pro pert N/A $600 A er artment Unit - Non- Residential -Pro ert N/A $5,0 00 per Acre. City of Lake Elsinore June 3Q 2005 - Community Facilities District No. 2005 -2 (Alberhill Ranch)' AGENDA ITEM ND Improvement Area C PAGE JS-(o OF. a) % '. Page 7 to 2. � . Approved Property Undeveloped Property and Provisional Undeveloped Property ; Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved .Property, Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2006 -07 shall be $24,110 per Acre for Zone 1 and $55,975 per Acre for Zone 2. 3. Increase in the Assigned Special Tax for Facilities On each July 1, commencing July 1, 2007, the Assigned Special Tax for Facilities rate for Developed. Property„ Approved - Property, Undeveloped Property and Provisional Undeveloped Property shall,be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION.E BACKUP ANNUAL SPECIAL TAX FOR. FACILITIES, At the time a Final Map is recorded, the Backup Special Tax.for Facilities for,all Assessor's Parcels of Developed Property classified or reasonably expected to be classified as a Single Family Property or Multifamily Property within such Final Map area shall be determined by (i) multiplying (a) the, f Maximum Special Tax for Facilitiesrate for.Undeveloped Property by (b) the.total Acreage of Taxable Property in such Final Map area, excluding Acreage classified as Provisional Undeveloped Property, Acreage classified or reasonably expected to be classified as Apartment Property or Non - Residential Property, and any Acreage reasonably expected to be classified as Exempt Property in such Final Map area, and (ii) dividing the results in (i) by the total number of Single Family Units or Multifamily Units reasonably'expected to be constructed within such Final Map-area. The resulting quotient shall be the Backup Special'Tax for Facilities'for each Assessor's Parcel of Single Family Property or Multifamily- Property within such Final Map area. ` The Maximum Special Tax for Facilities fate(s) applied in (i) above shall be the applicable Undeveloped Property rate for the Zone in which each Assessor's Parcel is located; provided, however, `if an Assessor's Parcel is located in two Zones,-the Maximum Special Tax for Facilities rate'applied shall be the lower of the two Maximum Special Tax for Facilities rates. The Backup Special Tax for Facilities shall not apply to Non = Residential Property or Apartment Property. . Notwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified or to be classified as either Single Family Property or Multifamily Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax for Facilities for the area that has been changed or modified shall be recalculated, based on the methodology above, to equal the amount of Backup Special Tax for Facilities that,would have been generated if such change did not take place. City of Lake Elsinore - -- " - e 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) AGE NDA ITEM N0. �q OF. =Lr7 Improvement Area C P� -i1-L� � Page 8 _y On each July 1; commencing July 1, 2007, the - Backup 'Special Tax for Facilities rate shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006 -07 and for each subsequent Fiscal Year, the City Council shall levy, Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax for Facilities rates in Table 1 and Table 2 to satisfy the Special Tax Requirement for Facilities. " Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax forFacilities shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Annual Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property �•i/ up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Four:. If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special, Tax for Facilities up to 100 % of the Backup Special Tax for Facilities as needed to satisfy the Special Tax Requirement for Facilities. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first four steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by owner of any other Assessor's Parcel within Improvement Area C. City of Lake Elsinore June 30; 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch)AC DA ITEM No. , Improvement Area C PACE IjSF' OF °2 / 7 - Page 9 N SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: "CFD Public Facilities" means $20,000,000 expressed in 2005 dollars, which shall increase by the Construction Inflation Index on July 1, 2006, and on each July I thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for Improvement Area C, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes for Facilities levied under this Rate and Method of Apportionment.. "Construction Fund" means an account specifically identified -in,the Indenture, or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2005 -2. "Construction Inflation Index" means the•annual percentage change in the Engineering News - Record Building Cost Index for the city of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published; the Construction Inflation n Index shall be another index; as- determined by the City that is reasonably comparable to the Engineering News - Record Building Cost Index for the city of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes for Facilities which will remain outstanding. after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Taxes for Facilities. The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for, which a building permit has been issued or is expected to be issued, or an Assessor's ParcelpfProvisional Undeveloped Property may be prepaid in full, provided that there are no. delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation, would be, prepaid.,,, The Prepayment Amount .for an Assessor's Parcel eligible for prepayment shall be determined as described below. . An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall f provide the CFD Administrator with written notice of intent to prepay: Within 30 days of receipt of such notice,the CFD. Administrator shall notify such owner of,the Prepayment Amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. City of Lake Elsinore ITEM N0. June 30, 2005 AGENDA Conummity Facilities District No. 2005 -2 (Alberhill Ranch) L� - Improvement Area C p OF -2. 1 Page 10 X Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption ofBonds from the proceeds of such prepayment maybe given by the Trustee pursuant to the Indenture. The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): , As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1.' For an Assessor's- Parcel of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for'Facilities, if any, applicable to the Assessor's Parcel: For an Assessor's Parcel of Approved Property or. Undeveloped Property; compute the Assigned Special Tax for Facilities and the Backup Special Tax,for Facilities as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Special Tax for Facilities for that Assessor's Parcel.- 2. For each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a) divide the Assigned Special Tax for Facilities computed pursuant to paragraph' 1 for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable' Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such' Assessor's Parcel �by the sum' of -the estimated Backup' Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably'determined by the City. 3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds. The product shall be the "Bond Redemption Amount ". 4.' Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds City of Lake Elsinore June 30, 2005 AGENDA ITEM NO. . Community Facilities District No. 2005 -2 (Alberhill Ranch) ' Improvement Area C PROF g) 1 % Page I I N Bond Redemption Amount plus Redemption Premium' plus Future Facilities Amount ' plus Defeasance Cost' " plus Administrative Fee' less Reserve Fund Credit less Capitalized Interest Credit equals • Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: 1.' For an Assessor's- Parcel of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for'Facilities, if any, applicable to the Assessor's Parcel: For an Assessor's Parcel of Approved Property or. Undeveloped Property; compute the Assigned Special Tax for Facilities and the Backup Special Tax,for Facilities as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Special Tax for Facilities for that Assessor's Parcel.- 2. For each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a) divide the Assigned Special Tax for Facilities computed pursuant to paragraph' 1 for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable' Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such' Assessor's Parcel �by the sum' of -the estimated Backup' Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably'determined by the City. 3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds. The product shall be the "Bond Redemption Amount ". 4.' Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds City of Lake Elsinore June 30, 2005 AGENDA ITEM NO. . Community Facilities District No. 2005 -2 (Alberhill Ranch) ' Improvement Area C PROF g) 1 % Page I I N r� .y f ? ral of the Bond Redemption Amount..This product is the "Redemption Premium." 5. Compute the Future Facilities Cost.. - 6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the amount determined pursuant to paragraph 5-to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount'). 7. Compute the�amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest redemption date for the Outstanding Bonds.. . 8. Determine the, actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 9. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest redemption date for the Outstanding Bonds. . 10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract.the amount computed pursuant to paragraph 9.7his difference is the "Defeasance Cost." 11.1 Estimate the administrative fees - and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee.", 12,.,,,: Calculate the "Reserve Fund Credit" as the lesser of. (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be 'less than 0. 13. If any capitalized interest for the Outstanding Bonds will not have been• expended as of the date immediately following the first, interest and/or principal payment following the,current Fiscal Year, .-a capitalized interest credit shall be, calculated by multiplying the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the expected balance in the capitalized City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhilt Ranch) AGENDA ITEM NO. . _ - Improv ement Area C _ .. FAGli 9F� • Page 12 -; interest fund or account under the Indenture after such first interest and/or principal payment. This amount is the "Capitalized Interest Credit." �•✓ 14. The Prepayment Amount'is equal to the -sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Cost, and the Administrative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit. r 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs ' 3 4, 10; 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by Improvement Area C. Y The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 J ncrement of Bonds. In such cases, the increment above $5,000 or integraf multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area C that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assessor's Parcel and the obligation of such Assessor's. Parcel to pay such Special Taxes for Facilities shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all'currently Outstanding Bonds in each future Fiscal Year. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special• Tax for Facilities obligation of an Asse "ssor's Parcel of Developed Property, or an Assessor's Parcel of Approved Property or Undeveloped Property for which'a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H below, may be.partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. City of Lake Elsinore :. nine 30; 2005 " Community Facilities District No. 2005, 2 (Alberhill Ranch)AGENDA ITEM NO. Improvement Area C ' I I PAGE /yam OF a 1 7 Page 13 n _y ad IN The Partial Prepayment Amount shall be calculated according to the following formula: PPi - A)xF +A, The terms above have the following meanings: PP = the Partial Prepayment Amount. PG the, Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special, Tax for Facilities obligation. . A the Administration Fee calculated-according to Section G. 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 for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement,of the amount required for the partial, prepayment ofthe Special Tax for "Facilities for an Assessor's Parcel within .30 days ofthe request:andmay,charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council`shall (i) distribute the,funds remitted to it according to,Seetion G, and (ii) shall indicate in the records of CFD No. 2005 -2 that there has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation to indicate the partial prepayment of the Special Tax for Facilities obligation and the partial release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such,prepaid portion of the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied 'on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be of least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each futuretFiscal Year. SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Assessor's Parcels subject to the Special Tax,for Facilities. The Special Tax for Facilities shall. cease not later than the 2043 -44 Fiscal Year, however, the Special Taxes for Facilities 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.. 2005-2 Bonds have been paid; (ii) all authorized . facilities of CFD No. 2005 -2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and (iv) all other obligations of Improvement Area C have been satisfied. SECTION J City of Lake Elsinore _ - y� June 30 2005 Community Facilities District No_ . 2005 -2 (Alberhill Ranch) , AGENOA ITEM NO. L Improvement Area C - PAGE. ! 7 - Page .14 i EXEMPTIONS The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted -in use by the State of California, Federal or other local, governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered byor restricted in use by a homeowners' association; (iv) Assessor's Parcels with' public or utility easements making impractical their utilization for other than the purposes set forth in the easement,' (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 42.48 Acres for Zone 1 and 8.50 Acres for Zone 2. Notwithstanding'the above, the City Council shall riot classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 42.48 Acres for Zone 1 and 8.50 Acres for Zone 2. Assessor's Parcels which cannot -be classified as Exempt Property because such classification would reduce_ the Acreage of all Taxable Property to less than 42.48 Acres for Zone 1 and 8.50 Acres for Zone 2 will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes for Facilities pursuant to'Step Five in Section F. SECTION K MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem,property taxes, provided, however, that Improvement Area C may collect Special Taxes for Facilities at a different time or in a different mannerr 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. SECTION L ' SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section L: "Developed Multifamily Unit" means a residential dwelling unit within building in which each of the individual dwelling units has or shall have atleast one common wall with'another dwelling unit and a building permit has been issued'by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill RanchAGENOA ITEM NO. Improvement Area C PAGE J, !Lj OF � / 7 Page 15 Qw) "Maximum Special Tax for Services means the maximum Special: Tax for Services that can be levied by Improvement Area C in any Fiscal Year on any Assessor's Parcel "Operating Fund" means a fund that shall be maintained for Improvement Area C for any Fiscal Year to pay for the actual costs of maintenance related to the .Service=Area, -and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund'at the'end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2005 -2 pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement' for Services" means the amount determined m airy Fiscal Year for Improvement Area C equal to (i) the budgeted costs directly related to the'Service Area, including' maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current. Fiscal Year; (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2005 -2_ for the,previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. .Rate and Method of Apportionment of the Special Tax for Services Commencing Fiscal Year 2005 -06 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non- Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2005 -06 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non-Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. t 2. Duration of the Special Tax for Services City of Lake Elsinore AGENDA ITEM NO.— June,30, 2005 Community Facilities District No. 2005-2 (Alberhill Ranch) _ PACE /9 S OF %� Improvement Area C ; t _ .Page 16 - The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services The Special, Tax for Services shall be collected in; the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area C may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. SECTION M APPEALS ' Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having, paid the first installment of the Special Tax that is disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount..of the Special Tax, and rule on the appeal. 'If the CFD Administrator's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be'made (except for the last year of levy), but an adjustment, shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year S). The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or residents appeals. Any decision of the City Council shall be final and binding as to all persons. EXHIBIT '`A" City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) AGFa11DA ITEM NO. - �! Improvement Area C - pAGE_b_OF 2 / % Page 17 (..i/ f CITY OF LAKE ELSINORE AND CFp NO. 2005-X CERTIFICATE I. Pursuant to Section of the Rate and Method of Apportionment of Special Tax (the ) "RMY , the City of Lake Elsinore (the "City") and Community Facilities District No. 2005 - X of the City of Lake Elsinore ( "CFD No. 2005 -X ") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property [within such Improvement Area]: (a) The information in Table 1 relating to the Maximum Special Tax for Facilities for Developed Property and/or Undeveloped Property within [Improvement Area X or CFD No. 2005 -X] shall be modified as follows: [insert Table 1 showing effective change to special tax rates and /or insert change to special tax rates for Undeveloped Property] 2. Table 1 may only be modified prior to the issuance of Bonds. 3. Upon execution of the Certificate by the City and CFD No. 2005 -X the City shall cause an amended Notice of Special Tax Lien [for the Improvement Area] to be recorded reflecting the modifications set forth herein. , By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD f No. 2005 -X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE By: Date: CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 2005 -X OF THE CITY OF LAKE ELSINORE By: Date: /-� EXHIBIT °B" f ' ZONE MAP City of Lake Elsinore AGENDA ITEM NO. June 30, 2005 , Community Facilities District-No., 2005-2 (Alberbill Ranch) PAC . 77 9 7 0 e2 % 7 Improvement Area C —c-. F Page 18., i 1 CJ I u7 CJ ow N � r J U W a• aV-Y z�9 �O LL z{n�Jo owJ }-Zaa Q. L� W H L) O O' U City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) "AGENDA ITEM fly: Improvement Area C - - pAGE Z12 � Page 19 (.✓ �..i/ a� a.a a a 89 City of Lake Elsinore June 30, 2005 Community Facilities District No. 2005 -2 (Alberhill Ranch) "AGENDA ITEM fly: Improvement Area C - - pAGE Z12 � Page 19 (.✓ �..i/ RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNTS NOT TO EXCEED $3 $28,000,000, 6,000,000 AND $26,000;000 WITHIN ,IMPROVEMENT AREA , A, IMPROVEMENT AREA B AND IMPROVEMENT AREA C,. RESPECTIVELY;: OF THE -CITY OF" LAKE = ELSINORE COMMUNITY FACILITIES • ' DISTRICT NO. 2005 -2:. (ALBERHILL RANCH) AND CALLING A SPECIAL ELECTION ' WHEREAS, the City Council (the "Council') of,the City of Lake Elsinore, (the "City") has heretofore adopted Resolution No. 2005 (the "Resolution of Formation "), which formed the City of .Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) (the "CFD ") .pursuant to the Mello -Roos: Community Facilities Act of 1. 982, as amended, (the "Act "), to finance a portion of the cost of providing parks 'open space and storm drain maintenance services (the n "Services ") that are in' addition to those provided in the territory within the CFD Prior to the formation of the "CFD, and to- finance the, purchase,' construction,; expansion or rehabilitation' of certain Peal and other 'tangible property with' an estimated useful life of `five years or 1'onger; including public infrastructure' facilities and other govemmental`facilities, which the City is authorized by law, to' construct, own or operate (the "Facilities "); and.: WHEREAS, a copy of the Resolution of Formation is on file with the City Clerk and incorporated herein by reference; and WHEREAS•the Council has heretofore designated portions of the CFD as Improvement Area A, Improvement Area B and Improvement Area -C (each . an; "Improvement Area," and collectively, the "Improvement Areas "); and WHEREAS, in order to finance the Facilities it is. necessary to incur bonded; indebtedness in the amounts not to exceed $28,000,000, $36,000,000 and $26,000,000 for Improvement Area, A Improvement'Area B an d Improvement Area C, respectively, the rep' payment' of which is to be `secured by special-taxes levied in accordance with Section 53340 et seq. of the Act on certain properties within the respective Improvement Areas; , 45644398.2 AGENDA ITEM NO. Y _ PAGE 19 9 OF __217 .y NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. It is necessary to incur bonded indebtedness in .amounts not to exceed' $28,000,000, $36,000,000 and $26,000,000 for Improvement Area A, Improvement Area B and Improvement Area C,. respectively, to finance the costs of the Facilities for the respective Improvement Areas. SECTION 3. The indebtedness will be incurred for the purpose of financing the costs of acquiring the Facilities, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be'financed pursuant to the Act. SECTION 4. Each Improvement Area :will pay for the bonded indebtedness for such Improvement Area:- SECTION 5. The bonds shall be issued in one or more series at a maximum interest rate not to , exceed .12 percent per annum or such rate not in (( excess of the maximum rate permitted,by law at the time the.bonds are issued, and Q t) payable annually or semiannually as determined ;by, the, Council. The term of the bonds,shall be determined, pursuant to a resolution of -the Council .authorizing the issuance of the bonds,, but such .term shall in no.event ,exceed 40 .years or such longer term as is then permitted by law. SECTION 6. , Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part l of Division 2 of Title 5 of the Government Code, the Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the City: r (a) Such bonded indebtedness shall be incurred for the specific purposes set forth in Section 3 above: (b) , The proceeds of any such bonded indebtedness shall be applied only to the specific purposes. identified in. Section 3 above. , (c) The document or "documents 'establishing .the terms an d conditions for the issuance of any such bonded indebtedness shall provide for the QW) 45644398.2 AGENDA ITEM NO. PAGE ag o OF 17 creation of an account or accounts: into which the proceeds of such bonded indebtedness shall be deposited: (d) The City Manager, or his or her designee, acting for and on behalf of the City, shall annually file a report with the Council as required by Government Code Section 534.11. SECTION 7. Pursuant to 'Government Code Section 53326, the Council hereby determines to submit to" the qualified electors of the CFD a proposition. (the "Services Proposition"), to levy special- ;taxes on property within the CFD in accordance with the rate and method of apportionment specified in the Resolution of Formation. The form of the Services Proposition is attached as Exhibit "A " c' t SECTION 8. Pursuant to Government Code Section 53353.5, the Council hereby, determines to' submit, to the qualified electors of the respective Improvement Areas a combined proposition (the "Facilities Proposition ") to: (1) levy special taxes on property within the Improvement Areas in accordance with the rate and method of apportionment of special tax specified in the Resolution of Formation; (2) incur bonded indebtedness in the amounts not to exceed n $28,000,000, $36,000,000 and $26,000,000, respectively; and (3) establish an appropriations limit as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for the respective Improvement Areas. Said appropriations limit shall equal the maximum amount of bonded indebtedness authorized to be incurred for the respective Improvement Areas. The form of the Facilities Proposition is attached as Exhibit `B." SECTION 9. A special election is hereby called for the CFD on the Services Proposition set forth in Section 7 above. SECTION 10. A special election is hereby called for. the Improvement Areas on the Facilities Proposition set forth in Section 8 above. SECTION 11. The time for notice having been waived by the qualified electors, the date of the special election for the CFD on the Services Proposition and for the Improvement Areas on the Facilities Proposition shall be on the 23rd day of August, 2005. There being no registered voters residing within the territory of the CFD at the time of the protest hearing and ninety (90) days prior thereto, there being only one landowner in the CFD, and the requirements of Section 53326 of the Government Code having been waived by the landowner, the ballot for the special election shall be hand delivered to the landowner within the 45644398.2 . AGENDA ITEM NO. 2 !2, PAGE 22 DF a i 7 s .y CFD:, 'The voter ballot shall be returned to the City Clerk at 130 S.. Main Street; Lake Elsinore, California 92530, no later than 11:00 o'clock p.m. on August-23; 2005. However, the election may be closed within the concurrence of the City Clerk, as soon as the ballot is returned. " SECTION 12. Notice of said election and written argument for or against the measure have been waived by the landowner. SECTION 13 The CFD • or each Improvement Area, . as applicable, shall constitute'a single election precinct for the purpose of holding said special election. SECTION 14. The Council hereby directs that the special election be conducted by the City Clerk, as the elections official. SECTION 15. This Resolution shallvtake effect,from and after the date of its passage and adoption. AGENDA ITEM 60 PAGE 0204- OF °Z l � n PASSED, APPROVED AND ADOPTED;, this day -,of , 2005. _y AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Fredrick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore n 45644398.2 AGENDA ITEM NO. pAGEo)Q3 OF -;2 t :STATE'OF CALIFORNIA } ( 1 COUNTY OF RIVERSIDE } SS: _ �••✓ CITY OF LAKE ELSINORE } 1, FREDERICK RAY, DEPUTY CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the _ day of , 2005, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: FREDERICK RAY, DEPUTY CITY CLERK CITY OF LAKE ELSINORE (SEAL) 456443982 �J AGENDA MM �- PAGE�®F °2/7/ Y n STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE, ) I, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing ResolutionFwas 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 following vote: AYES:. NOES: ABSENT: ABSTAIN: By: City Clerk of the City of Lake Elsinore 45644399.2 AGENDA ITEM N0, 2 y2 - PAGEo2aS OF?/7_ EXHIBIT A. OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -2 (ALBERHILL RANCH) SERVICES SPECIAL,TAX- ELECTION August 23, 2005 To vote, mark an "X" in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. . This ballot is provided to as owner or authorized representative of such owner of land within City of Lake Elsinore Community Facilities District No. 2005 -2 ' (Alberbill Ranch) and represents _ vote(s). If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 S. Main Street, Lake Elsinore, California 92530. PROPOSITION: Shall City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) be authorized to levy special taxes pursuant to the rate and method of apportionment of special YES taxes (the "Special Tax Formula ") set forth in Exhibit A of Resolution of Formation adopted on August 23, 2005 ( "Resolution of Formation ") to finance the authorized services and NO administrative expenses as provided for in the Resolution of Formation? Lai (..✓ \.i/ 45644398.2 A -1 . AGENDA ITEM NO.-2.9--- PAGE o. OF W1 Y .4 f , EXHIBIT B OFFICIAL BALLOT . CITY OF LAKE ELSINORE " COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH) IMPROVEMENT AREA SPECIAL TAX ELECTION August 23, 20051. To vote, mark an "X" iirlhe voting square after! the word "YES" or after the word "NO." All marks otherwise madeare forbidden: This ballot is provided to ;, as owner or authorized - representative of such owner of land: within City of Lake, Elsinore Community,Facilities District No: 2005 -2 (Alberhilt Ranch) and represents vote(s). 'If you wrongly mark, tear; or deface this.ballof, return it to -the City Clerk of the'Cityof Lake Elsinore at 130 S: Main Street, Lake Elsinore, California 92530...;' PROPOSITION:. Shall Improvement Area — of the City of,Lake Elsinore Community Facilities District No. 2005 72 (Alberhilt Ranch) (the "CFD "), subject ' to' the' accountability measures ' provided for in Resolution Calling Special Election adopted on August 23, 2005, incur an indebtedness_ and be authorized to issue bonds in an amount not to exceed $ with interest at a - rate or rates' established at such time as the bonds are sold in one or 'YES more series at fixed or variable interest rates;, however not to exceed any applicable -statutory rate. for such bonds, the proceeds , of which, will be used to finance the certain, public- facilities (the , NO "Facilities ") as described in Resolution of Formation adopted on. " August 23, 2005 ( "Resolution of Formation "); and, subject to the accountability measures provided for in the Resolution of Formation, "shall a special tax b'e levied t`o pay, the principal of and interest on such indebtedness and bonds and to otherwise finance the Facilities; an&shall an appropriations limit be established for Improvement Area of the CFD pursuant to Article XIIE3 of the California Constitution, said appropriations limit to be equal to. the maximum amount of bonded indebtedness authorized to be incurred for Improvement Area _? " _ 45644398.2 B-1 AGENDA ITEM NO.,� PAGE_�2_0 2 OF f RESOLUTION NO. 2005- Q..) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY . FACILITIES DISTRICT NO. 2005 -2 (ALBERHILL RANCH) WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City") has previously conducted proceedings pertaining to the formation of the City of Lake Elsinore Community Facilities District No. 2005 =2. (Alberhill Ranch) (the "CFD "), the rate and method of apportionment for the levy and collection of special taxes (the "Services Special Tax ") to finance a portion of the cost of providing parks; open space and storm drains maintenance services, the authorization of indebtedness in the amounts -not fo- ' exceed '$28,000,000, $36,000,000 and, $26,000,000 within Improvement Area A„ Improvement Area B and Improvement Area C; respectively, of the CFD, the rate and method of apportionment for the levy and collection of special taxes (the "Special Tax ") to pay the principal and interest on bond's issued or other debt, and the establishment of an appropriations limit, and the calling of an'election -in regard to the foregoing; and WHEREAS, on August 23, 2005, an election was held within .the CFD relative to the rate and method of apportionment of Services Special Tax, the authorization of not to exceed $28,000,000, " $36,000,000 and $26,000,000 of indebtedness within Improvement'Area A, Improvement Area B and Improvement Area C, respectively, of the CFD, the rate 'and method of apportionment' of'the Special Tax, and the establishment of an appropriations limit, and WHEREAS, at such election the proposal' for the rate 'and method of apportionment and manner of collection, of the Services. Special, Tax,; incurring the bonded indebtedness, the. rate. and method of apportionment: and , manner of collection of the Special Tax and establishing an appropriations limit for the respective Improvement Areas of the CFD was approved by :the requisite 2/3 of the votes cast by qualified electors of the CFD or respective Improvement Areas, as applicable; - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND - ORDER AS FOLLOWS: AGENDA ITEM NL,,. _ RAGE �2..; o8 0r- SECTION 1." It is hereby determined that the election conducted within the CFD was duly and validly conducted. SECTION 2. The Council, acting as the legislative body of the CFD, is authorized to levy the Services Special Tak on.behalf of the-CFD, as specified in Resolution No. (the "Resolution of Formation ") adopted by the Council on August 23, 2005. SECTION 3. The Council, acting as the legislative body of the CFD, is authorized to levy the Special Tax on behalf of the CFD; as specified in the Resolution of Formation. SECTION 4. The Council is authorized to incur indebtedness on behalf of the CFD for Improvement Area A, Improvement Area B and Improvement Area C of said CFD, in the maximum amounts of $28,000,000, $36,000,000 and $26,000000, respectively. SECTION 5. The "City'is authorized to establish an appropriations limit for the Improvement Areas of the CFA n - SECTION 6. The City Clerk is hereby . directed and authorized to record notice of the special tax of the CFD by recording a "Notice of Special Tax Lien of the CFD pursuant to Section 3117.5 of the California Streets and Highways Code. n AGENDA ITEM NO. PAGE �OF 121 PASSED, APPROVED . AND : ADOPTED this day of / \ .2005. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: 'COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore ATTEST:' Fredrick Ray, Deputy City Clerk (� City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. PAGE dPF .6/ n STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } SS: CITY OF LAKE ELSINORE } I, FREDERICK RAY, DEPUTY CITY CLERK OF THE�CITY OF LAKE ELSINORE, DO'HEREBY CERTIFY that the'foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular `meeting of said Council on the day' of 2005) and that it was so adopted by the following vote: AYES. COUNCILMEMBERS: NOES: COUNCILMEMBERS: n ABSENT: COUNCILMEMBERS: ,ABSTAIN: COUNCILMEMBERS: FREDERICK RAY, DEPUTY CITY CLERK CITY OF,LAKE ELSINORE_ " (SEAL) r astaaaavz AGENDA ITEM Fy4. PAGE 4211 OF o2 ! 2 f ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX WHEREAS, on July 12, 2005, the City Council (the "Council ") of the City of Lake Elsinore (the "City") adopted Resolution No. 2005 -62 stating its intention to form the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) (the "CFD ") pursuant to the Mello -Roos Community Facilities Act of 1982, as. amended (the "Act'), 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 prior to the formation of the CFD, and to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure. facilities and other governmental facilities, which the city is authorized by law to construct, own or operate (the "Facilities "), and designating portions of the , CFD, as Improvement Area A, Improvement Area B and Improvement Area C; and WHEREAS, on July 12, 2005, the Council also adopted' Resolution No. 2005 -63 stating its intention and the necessity. to incur bonded indebtedness in the Q•J amount of not to exceed $28,000,000, $36,000,000 and $26,000,000 for Improvement Area A, Improvement Area B and Improvement Area C, respectively, to be issued for the purpose of financing the purchase, construction, expansion or rehabilitation of the Facilities; and WHEREAS, notice was published as required by ' law - relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $28,000,000, $36,000,000 and $26,000,000 within the boundaries of Improvement Area A, Improvement Area B and Improvement Area C, respectively, of the CFD; and WHEREAS, on August 23, 2005, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay for the Services and the rate and method of apportion and manner of collection of the special tax to be levied within each Improvement Area to pay the principal and interest on the proposed bonded indebtedness of each Improvement Area of the CFD, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the AGENDA ITENi titiW ._� PAGE 21� QP =t ! 7___ CITY COUNCIL ORDINANCE NO. Page 2 of 6 ri amount -of the proposed, debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the, formation of; the ;CFD and the incurring of bonded indebtedness by each of the Improvement Areas of the CFD were heard and a full and fair hearing was held; and ...WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2005- determining. the validity of prior proceedings and establishedahe CFD; and _ WHEREAS, 'the Council subsequent to said hearing adopted Resolution No.. 2005- which' called an election 'within the CFD for August 23; 2005 on the proposition, of.-incurring bonded indebtedness, levying a special tax -and setting an appropriations limit; and WHEREAS, on August 23;2065, an- election was held within the. CFD in ' which the eligible electors, approved by more than two= thirds vote the proposition' of. incurring .'bonded' indebtedness, levying a " special tax, . and setting an appropriations limit;: = THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 4. A , special tax' (the "Services Special Tax") -is levied within the lboundaries of the CFD pursuant to` the formula set forth in Exhibit "A" attached`hereto'and incorporated by reference`in an amount necessary to pay all of the costs of providing the Services, periodic costs, and costs of the tax levy and collection, and all other costs. SECTION 2. A special tax (the "Special Tax ") is levied within the boundaries of each Improvement Area of the CFD pursuant to the formulas set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to pay all of the costs of providing the Facilities, periodic costs; and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded indebtedness. SECTION 3. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine n the specific special tax rate and amount to be levied for the then current or future 45644454.2 AGENDA ITEM NO.�_ PAGE 22 OF 2- i 7 CITY COUNCIL ORDINANCE NO. Page 3 of 6 tax years, except that the' special tax rate to be levied, shall not exceed the maximum rate set forth in Exhibit "A ". r " ' SECTION I, All of the collections of the Services Special Tax and Special Tax shall be used as provided for in the 'Act and Resolution No. 2005-. of the Council (Resolution of Formation). SECTION 4. The above authorized Services Special Tax and the Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes; provided, however, the CFD may collect the Services Special Tax and the Special Tax at a different time or in a different manner. if necessary to, meet its financial obligations.. SECTION 5. The Mayor 'shall sign this ordinance -and the City Clerk' shall attest to such signature. The City Clerk is directed to cause the title and " summary or text of the this ordinance, together with the. vote. thereon, to be published within fifteen (15) days after its passage at least once in a'newspaper of general circulation published and circulated, within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the council Members voting for and` against the ordinance. SECTION 6. This ordinance relating to the levy of the services special tax and the Special Tax takes effect and shall be in "force from and after 30 days from the date of final passage. .A copy of this ordinance shall be transmitted to the. Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County., . , CITY COUNCIL ORDINANCE NO. Page 4 of 6 (� INTRODUCED AND APPROVED UPON FIRST READING this _ day of , 2005, upon the following roll call vote: ! AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this , day of 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: r1 ABSENT:. COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, Deputy City Clerk City of Lake Elsinore 45644454.2 AGENDA ITEM N0. - pAGE IS OF ! 7 i CITY COUNCIL ORDINANCE NO. _ Page 5 of 6 APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) 45644454.2 AGENDA ITEM NO. PAGE 16 OF-: / 7 n CITY COUNCIL ORDINANCE NO. Page 6 of 6 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (IMPROVEMENT AREA A) (IMPROVEMENT AREA B) (IMPROVEMENT AREA C) G/ w y Li� s rele47'1�1 45644454.2 AGENDA ITEM NO.. PACE _=,- OF � / 7 �y 1 _M n CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: AUGUST 23; 2005 SUBJECT: PUBLIC HEARING - RESOLUTION DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES); CALL A SPECIAL ELECTION; CANVAS ' ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES FOR CID 2003 -1 ANNEXATION AREA NO. 14 (LAKEVIEW VILLAS) 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 annexed into the service district. On July 12, 2005, the City Council adopted resolution`of intention to "annex the Lakeview Villas development into CFD 2003 -1 and to authorize the levy of a special tax within the district to help finance a portion of the law enforcement; fire and paramedic services associated with new single family residential development. REPORT TO CITY COUNCIL AUGUST 23, 2005 PAGE 2 DISCUSSION A special tax will be levied in the amount of $156.06 per multi - family dwelling unit for fiscal year 2005 -06. The amount of the special tax assessment maximum increases two percent annually. Lakeview Villas will add 155 single family dwelling units to the exiting district boundary and generate about $24,189 annually beginning in 2005 -06 or once all the homes are built. The CFD report is attached. FISCAL IMPACT The cost of law enforcement and fire services is approximately $750 per single family dwelling unit. For each SFD unit, only about $100 to $150 of property tax dollars will be generated. Property tax is not sufficient to fund the cost of public safety services and therefore the CFD 20034 , special tax levy of $312.12 will assist the funding of.the increased public safety service where the property tax is deficient: RECOMMENDATION This is an advertised Public Hearing. The following is,recommended to the City Council: 1. -Open the Public Hearing and take testimony . 2.. By motion, adopt Resolution No. 2005 — determining the validity of prior proceedings 3. Adopt Resolution No. 2005 — calling a special election 4. Adopt Resolution No. 2005 — ordering canvassing of the election results 5. Conduct first reading of the Ordinance No. 2005 — authorizing the levy of special tax. AGENDA M� o REPORT TO CITY COUNCIL n AUGUST 23, 2005 PAGE PREPARED BY: -MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: (/� c.-� d�� /(�/ Z / AGENDA ITEM NO---2-3 PACE 3_OF 3S In N tl }. t St Ie µ. 1 Annexation No. 14 to the City of Lake Elsinore August 15, 2005 CFD No. 2003 -1 (Law Enforcement, Fire and,Paramedic,Services) - Page i,, 1 COMMUNITY FACILITIES DISTRICT.REPORT n M N0. ' ,Q:�EL SIN ORE \CFD 2003 -10&.M CFD�CFD 2003- 31fo�xnaLOn4eponsUieport Am�eution No 14 crd 20031 Lake Elsinme.docAGENDA� 1/ E n M N0. ' ,Q:�EL SIN ORE \CFD 2003 -10&.M CFD�CFD 2003- 31fo�xnaLOn4eponsUieport Am�eution No 14 crd 20031 Lake Elsinme.docAGENDA� 1/ Annexation No. 14 to the City of Lake Elsinore August 15, 2005 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page ii COMMUNITY FACILITIES DISTRICT REPORT' Introduction The City of Lake Elsinore desires to`establish Annexation No. 14 to Community Facilities District No. 2003 -1 (the "District ") for the purpose of funding the ongoing operation and maintenance of law enforcement, fire and paramedic services. The City of Lake Elsinore has ordered the preparation of a report describing the proposed facilities to be financed by the District if it is formed. The proceedings will be conducted in accordance with the " provisions `of the "Mello -Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act). The report is.to be prepared by, or under the direction of, the City Manager and other such officers responsible for providing the facilities to be financed by the proposed District. The report is to be prepared in accordance with Section 53321.5 of the Act and shall include: a. A description of the public capital facilities and /or services, by type, which will be required to adequately meet the needs of the District. . b. An estimate of the fair and reasonable cost of the construction and/or acquisition of, the proposed facilities, including the cost of acquisition of lands, rights -of -way and easements, and any physical facilities required in conjunction therewith, and incidental expenses in connection with said acquisition, including the costs of proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. I, Dennis A. Anderson, authorized representative of Harris & Associates, on behalf of the responsible officer(s) directed to prepare the report for said District, hereby submit the following report consisting of three (3) parts. Part I A description of the proposed District and a diagram of the proposed boundaries. Part lI A description of the proposed services. Part III A cost estimate of the proposed services. Dennis A. Anderson Associate / Project Manager . Harris & Associates AGENDA ITEM NO. Q:TLSINOREICFD 2003 -1 O &M_CMD CFD 2003- 1 \fomawn7epo aepoa Al ration No 14 efd 20031 Lake Ekinom.doo PAM _f&___OF Annexation No. 14 to the City of Lake Elsinore August 15, 2005 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page 1 COMMUNITY FACILITIES DISTRICT REPORT f - PART Description of District, Boundary Map s .y n W The proposed boundaries of Annexation No. 14 to the City of Lake Elsinore Community Facilities District No- 2003 -1 (Law Enforcement .Fire and Paramedic Services) are as depicted; on the Boundary Map, on file in the office of the'City Clerk. 'A reduced copy is provided in Exhibit "B ". The Assessor's parcels, shown below, define the District boundary. The description of each lot or parcel within the District is part of the records of the Assessor of the County of Riverside and these records are, by reference, made part of this Report. .. , List of Assessor's Parcel Numbers (see Exhibit "C ") Future annexation areas, which coincide with the current boundaries of the City of Lake Elsinore, and its sphere of influence, are also depicted on the Boundary Map. Q:NE OR CFD'.'W3 -1 O&M_CiD 2003- INfomationN pom\Repoa An tion No 14 cfd2003_1 Lake Elsinore.doc AGENDA ITEM NO.� -- PAGE —OF� ll Annexation No. 14 to the City of Lake Elsinore August 15, 2005 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page 2 COMMUNITY FACILITIES DISTRICT REPORT PART II Description of Services The cost of the Services shall include incidental expenses, including the costs associated with forming the District, determination of the amount of the Special Tax, collection of the Special Tax, costs incurred in order to carry out "the authorized purposes of the District and any other expenses incidental to the completion and inspection of the authorized work. Services The services are the operation and maintenance of law enforcement, fire and paramedic services. Operation means the administration and performance of duties required of law enforcement, fire and paramedic personnel. 1 Maintenance means the furnishing of services and materials for the ordinary and usual maintenance and operation of law enforcement, fire and paramedic facilities and equipment. W Lot AGENDA ITEM NO. 00 � Q:\ELSINOROCFD 23 -1 O&M CFD\C FD2003 -1 \f.� .6u o4ep"Tepon Ae mtim No] 4 cfd 2003 ]Lake Ebmore.doc FAGE_OF — Annexation No. 14 to the City of Lake Elsinore August 15, 2005 CFD No_. 2003 -1 (Law Enforcement, Fire and Paramedic Services), Page 3 (� COMMUNITY FACILITIES DISTRICT REPORT j - PART III Cost Estimate A cost estimate of the fair and reasonable cost of the proposed services and incidental expenses in connection with said services, including the cost of proposed financing and all other related costs is shown below: The costs to provide law enforcement, fire and'paramedic services are estimated at $750 per single- family residence per year: - '4 n z e:� s oa�c v 2003 -1 O&M _cen cFn 2ooi_l tomavon AGENDA ITEM NO.-- Vepa \Report fi iexaii=No l4 cfd 2003_1 Lake Elsinore.doc OF PAGE Iq City of Lake Elsinore EXHIBIT "A" June 24, 2003 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page A -1 Rate and Method of Apportionment of Special Taxes _ City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Rate and Method of Apportionment of Special Tax Introduction Special taxes shall be annually levied on all Developed, Residential Property and Developed Multi- Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District"), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi- Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi- Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi- family Property. Fiscal Year. The period beginning on July I and ending on the following June 30. Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July I of each Fiscal Year, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi- Family Property. Beginning in Fiscal Year 2003 -04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential QAELSINOMUD 2003.1 O &M_CFDICFD 2003 -1\fo ation\repmm\Rcpw Annexation No M cfd 2003_1 Lake Elsir ,{¢IDA ITEM NO. PAGE B OdE_ City of Lake Elsinore EXHIBIT "A " June 24, 2003 CFD No. 2003.1 (Law Enforcement, Fire and Paramedic Services) " Page A -2 (� Rate and Method of Apportionment of Special Taxes Property in the amount of $300 and on each Assessor's Parcel of Developed Multi- Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2 %, commencing in Fiscal Year 2004 -05, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special 'Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of 'the Streets and Highways Code. This lien shall be a s continuing lien and shall secure each levy of- Maximum - Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5; of the Government Code. W Q:\ELSEQORE \CFD 2003-1 O &M_CFD \CFD 2003- 1\fmmati In\repoM\Repo Annexation No 14 cfd 2003_1 lake Ehinore.doc. . AGENDA ITEM NO. PAGE l I OF OW_ . -y Annexation No. 14 to the City of Lake Elsinore EXHIBIT'B" CFD No. 20034 (Law Enforcement, Fire and Paramedic Services); August 15, 2005 Page B-1 P:TLSINORE\CFD 2003 -1 O&M CFD\CFD 2003- 1\farmation\reports\Report Annexation No 14 cfd 2003_1 Lake Elsinore.doc AGENDA I�TEM� NO._ PAG�J�E- - -OF35 — f a .y f ' n Annexation No. 14 to the City of Lake Elsinore EXHIBITNB11_ - -,,August 15, 2005. CFD No2003 -1 (Law Enforcement, Fire and ParamedicServices), Page B -2, PROPOSED BOUNDARY,'OF ANNEXATION NO. 14 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 I Itr :w �l3 ' aea-2= .. . X93 -:W-W3 .. .. 'Jaa-25 M p e ! 1 NkD N OE VfXY Cf M nR GLY fi M Ptt f! lNF M' IV2 NN ��rY 6 �{p} merr Nur M NOM aw amN.a Mlnerosao aonoms a YOYanN1 w .. m M NM1 a iu[ aswl[ �wuwly ntv,o m,rcr Na aN�l an a ua as�ac caan a ewlmc cux a 8F�L1TS'pa43Nba' . I Nm 1N5 � O�Y V � EGOS Ai M XpN Ole tlQ0[R_Y. N qYl_ N YMS Ol �4[[S10 /( YO NNYIM1 fdn[S dSiM3 f.K 10�INdMI� A9 NSMMn M IIOIQ > OIL LONM1 I®[ N M 6.NM1 V NMA9OL, O1�0: 61:Y{pNA RCNICQ V M IQ a_ OnEb�S M N.m[C wln las¢wY rvs rm O miiFU uswnw s rNlm vILS No W.psws J NCINry YM 061 m�NYY I Q4LSIN0RMCFD 2003 -1 O &M_CFD\CFD 20034\fb atidn\repo \RepW Annexation No 14'dd 2003 1 Lake Elsinore.doc AG ENDA ITEM N0._ ? , PAGE„j_,j,_OF_,wAZ_ Annexation No. 14 to the City of Lake Elsinore EXHIBIT "C" August 15, 2005 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) + _ Page C -1 Property Owner List ( l Annexation No. 14 'City of Lake Elsinore Community Facilities District No. 2603 -1 (Law Enforcement,`Fire and Paramedic Services), !,Property Owner List __. APN Owner Acreage 363- 240 -006 ELSINORE LAKEVIEW ESTATES 1.04 363 - 240 -010 ELSINORE LAKEVIEW ESTATES 1.27 363- 240 -012 ELSINORE LAKEVIEW ESTATES 1.02 363- 240 -013 ELSINORE LAKEVIEW ESTATES 1.00 363 - 240 -014 ELSINORE LAKEVIEW ESTATES 1.00 363 - 240 -015 ELSINORE LAKEVIEW ESTATES 1.00 363- 240 -022 ELSINORE LAKEVIEW ESTATES 1.04 363- 240 -024 ELSINORE LAKEVIEW ESTATES _ 1.34 363- 240 -025 ELSINORE LAKEVIEW ESTATES 10.90 _ 363- 250 -001 ELSINORE LAKEVIEW ESTATES 1.00 363- 250 -002 ELSINORE LAKEVIEW ESTATES 1.01 363- 250 -003 ELSINORE LAKEVIEW ESTATES 1.19 363- 250 -004 ELSINORE LAKEVIEW ESTATES 1.00 363- 250 -005 ELSINORE LAKEVIEW ESTATES 1.06 363- 250 -006 ELSINORE LAKEVIEW ESTATES 1.06 363- 250 -007 ELSINORE LAKEVIEW ESTATES 1.39 363 -250 -008 ELSINORE LAKEVIEW ESTATES 1.03 363- 250 -009 ELSINORE LAKEVIEW ESTATES 1.00 363- 250 -010 ELSINORE LAKEVIEW ESTATES 1.00 363 - 250 -011 ELSINORE LAKEVIEW ESTATES 1.02 363- 250 -012 ELSINORE LAKEVIEW ESTATES . 1.02 Grand Total 22.39 Q:\ELSINORE \CFD 2003 -1 O&M_CFD \CFD 2003- 1\formatimVeporls\Repo Annexation No 14 cfd 2003_1 Lakc Elsinom.doc NO. AGENDA MM --- PAGE_.! JL_.OF11L� i n RESOLUTION NO. 2005 „ RESOLUTION -OF THE CITY' COUNCIL. OF THE CITY OF LAKE ELSINORE 'DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS `RELATING TO ANNEXATION OF PROPERTY INTO. CITY OF LAKE Y, ELSINORE COMMUNITY FACILITIES DISTRICT !NO.. 2003 -1 (LAW. ENFORCEMENT, FIRE AND PARAMEDIC'SERVICES) , 'WHEREAS, the City Council (the "Council ") 'of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 2005 --64 stating its intention to annex certain property,( "Annexation Area No. 14 (Lakeview Villas) ") into City_ of Lake Elsinore Community ,Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) the "District ") pursuant to the Mello - Roos Community FacilitiesAct of 19'82, as amended, (the "Act'); and WHEREAS, a copy of Resolution No. 2005 -64, incorporating a description. and map of the proposed boundaries of Annexation' Area No. 14 (Lakeview Villas) and setting forth the rate and method of apportionment and manner of collection of n the special tax to be levied within - Annexation Area No. 14 (Lakeview Villas), which will be used to, finance .a portion of the cost .of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 14 (Lakeview Villas) prior to the annexation of Annexation Area No. 14,`(Lakeview Villas) to the District and .do not supplant services already available within f the territory of proposed to be included in Annexation Area No. 14,. (Lakeview Villas), is on file with the City Clerk ,and incorporated herein by reference; and WHEREAS; Resolution No. 2005 =64 set August,23; 2005 as the `date of the public hearing on the annexation of Annexaiion'Area No. 14 (Lakeview-`Villas) to the'District and'this Council'held`the said public hearing as required by law; and WHEREAS, at said hearing' all persons not exempt from the special tax ._ desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 14 (Lakeview Villas) to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council' on* said n matters before it; and this Council =at 4he conclusion of said hearing is fully advised in the premises; AGENDA REM Nr)• 45367576.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT, NO. • 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES; HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant . to Section 53325.1(b) of the Government Code, the Council finds and determines that- the proceedings prior hereto were valid and in conformity with the requirements of the Act. Section 2. Annexation Area No. 14 (Lakeview Villas) is hereby annexed into the District. Section 3: The description and map of the boundaries of Annexation Area No: 14 (Lakeview Villas) on file in the City Clerk's office and as described in said Resolution No. 2005 -64 and incorporated herein by reference, shall be the boundaries of Annexation Area` No. 14' (Lakeview' Villas)'' The map of the proposed boundaries of Annexation Area No. 14 (Lakeview Villas) has been recorded in the Office of the County Recorder of Riverside County, California in Book .page of the Book of Maps of Assessments and Community, Facilities Districts (Instrument Number ). Section 4. 'Except where ` funds are' otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing law.'enforcement, fire and paramedic services'that are in addition to those provided, in the territory within Annexation Area No. 14 (Lakeview Villas) prior to the annexation thereof to the District and do not supplant services already available within the temtory'proposed to be included in Annexation Area No. 14 (Lakeview Villas) and other costs, including but not limited to. all costs of, the ,tax levy., ,The,rate and method of apportionment of the special tax and manner of collection,is described in detail,in Exhibit "A". attached hereto and incorporated herein ,by. this reference. The special tax shall be utilized to pay for authorized services and administrative expenses and to, fund and_ , replenish any reserve fund established for Annexation Area No. 14 (Lakeview Villas) Section 5. Upon recordation of a notice of special tax lien pursuant to: Section 3114.5 of the Streets and. Highways Code, a continuing lien to secure each levy of the special tax shall attach ,to all nonexempt real property in Annexation Area No. 14 (Lakeview Villas), and this lien shall continue in force and effect until ( l AGENDA ITEM No. 45367576.1 2 P a ®F� % .- t� n r") the special tax obligation is.prepaid or otherwise permanently satisfied and the lien u canceled in accordance with law or until collection of the tax by the City ceases. Section 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 14 (Lakeview Villas). Section 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 14 (Lakeview Villas) for the exclusive purpose of financing law enforcement, fire and paramedic services. Section 8. Written protests against annexation of Annexation Area No: 14, (Lakeview Villas), or against the famishing of specified services or facilities or the levying of a specified. special tax within Annexation Area No. 14 (Lakeview Villas), have not been filed by fifty percent (50 %) or more of the registered voters or property owners of one -half (1/2) or more of the area of land within Annexation Area No. 14 (Lakeview Villas). Section 9. The Office of the City Manager, 130 South Main Street, Lake Elsinore, California 92530, (951) 674 -3124, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy. obligations by, . assessor's parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. Section 1o. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax, and the establishment of the appropriation limit. 45367576.1 AGENDA ITEM NO. _ 3 pA(;Ejl_OF .95_ s6�s7a.i . 4 AGENDA ITEM No . 45 / pAGE _ _OF�� `d/ .y 1 1 STATE OF CALIFORNIA ) )ss. COUNTY OF RIVERSIDE Y, 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 or adjourned regular meeting thereof held on the day of 2005, and that it was so adopted by the following vote: . AYES: NOES: . ABSENT: ABSTAIN: AGENDA E RA N0. OF35 45367576.1 5 PA w. a Introduction EXHIBIT A City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Rate and Method of Apportionment of Special Tax r - Special taxes shall be annually levied on all Developed Residential Property and Developed Multi- Family Property (as hereinafter defined) in the City of Lake' Elsinore Community Facilities District No. 2003 -1 (Law Enforcement,, Fire and Paramedic Services) _(the "District "), in accordance with the.rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi - Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi- Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi - family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. AGENDA ITEM NO OF 45367576.1 - P�� i 1 Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each .separate 'residential- 'dwelling unit, wfiich comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July 1 of each Fiscal Year; commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the DistricV constitute Developed Residential Property or Developed Multi- Family Property. . Beginning in Fiscal; Year 2003- 04,.and all subsequent Fiscal Years, the.City shall levy the Maximum Annual Special Taxes on t each:jAssessor's 'Parcel of Developed Residential Property in the amount of $300 and, on each Assessor's Parcel of Developed Multi - Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased 'annually by 2 %,"cormnencing in Fiscal Year 2004 -05, and each Fiscal Yearth&eeafter. . Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement Fire and' Paramedic -Services are being provided within the District. The Maximum Annual Special Taxes levied in- each Fiscal Year' shall be collected in the same manner as ordinary ad,yalorem property taxes are collected and shall be subject to the same penalties and the, same procedure; sale, and lien priority in case of delinquency as is,, provided _for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual, Special, Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330,S,.of the Government Code. n , *ENDA ITEM No.—I ---"' 45367576.1 1 7 PAGE 2L�QF�i I ti RESOLUTION NO. 2005 — r l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 20034 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore, California (the "City"), ; has heretofore, adopted Resolution No. 2005 -64 stating its intention to annex certain property ( "Annexation Area No., 14'(Lakeview Villas)"), into City of Lake Elsinore Community Facilities. District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District') pursuant to, the Mello-, Roos Community Facilities Act. of 1982, as amended, (the "Act "); and., . WHEREAS, a copy of Resolution No 2005 -64, incorporating a description and map of the proposed boundaries of Annexation Area No. .14, (Lakeview Villas) and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 14 (Lakeview Villas), which will be used to finance a portion of the cost of providing law, enforcement, r 1 fire and paramedic services that are in addition to those provided in the territory `•✓ within Annexation. Area No. 14 (Lakeview Villas) prior. to the. annexation of Annexation Area, No. 14 (Lakeview, Villas), into the District and do not supplant services already available within the territory proposed to be included. in Annexation Area No. 14 (Lakeview Villas), is on file with the City Clerk and incorporated herein by reference; and . WHEREAS, on August 23,' 2005, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 14 (Lakeview Villas) into the District; and ' WHEREAS; . at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area' No': 14 (Lakeview Villas) into'the District were heard and' a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and AGENDA ITEM NO._J_�;-_ PAGE_11- ---- 45367586.1'..,. II WHEREAS, this Council adopted its Resolution No. 2005- determining n the validity of prior proceedings reiatingao such annexation; and WHEREAS, the proposed special tax to be levied upon property within, Annexation Area No. 14 (Lakeview Villas) to finance the above referenced public services has not been precluded by!protest of the owners of-one-half (1/2) or more of the area of land .within Annexation Area No. 14 (Lakeview Villas), and WHEREAS, this Council, wishes : to present to the qualified electors of Annexation Area No. 14 (Lakeview Villas) a proposition to levy special taxes on property within each Annexation Area No. 14 (Lakeview Villas); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES); DOES. HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 14 (Lakeview Villas) a proposition (the "Annexation. Area No. 14 (Lakeview Villas) Proposition ") - to levy special taxes on-.property within Annexation Area No. 14 (Lakeview Villas) in accordance with the rate and method specified in Resolution No. 2005 — of the Council. The Annexation Area No. 14 (Lakeview Villas) Proposition is attached as Exhibit "A." Section 2. A special election is hereby called for Annexation Area No. 14 (Lakeview Villas) on the Annexation Area No. 14 (Lakeview Villas) Proposition set forth in Section 1 above. -` Section 3. The City Clerk shall hand deliver the ballot to the appropriate landowner immediately upon the adoption of this Resolution. Section 4. The date of thel special election for Annexation Area No. 14 (Lakeview Villas) on the proposition shall be on, the 26th day of April, 2005. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 11:00 o'clock p.m. on August 23, 2005. Section 5. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 14 (Lakeview Villas) at the time of the protest hearing and 'ninety (90) days prior thereto, and that there is n only one landowner in each Annexation Area No. 14 (Lakeview Villas). The AGENDAiTEM NO 45367586.1 2 P 2�_0 requirements of Section 53326 of the Government Code having been waived by the respective landowner, the ballot for the special election shall .be personally delivered to the respective landowner within Annexation Area No. 14 (Lakeview Villas). Section 6.' Each, Annexation Area No. 14 (Lakeview Villas) shall constitute a single election precinct for the purpose of holding said election. Section 7. The Council, hereby directs that the election be conducted by the City Clerk of the City of Lake Elsinore, as the elections official. PASSED, APPROVED AND ADOPTED this day of 2005. CITY OF LAKE ELSINORE By Robert E. Magee, Mayor ATTEST: Frederick Ray, Deputy City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City 'Attorney 4536M6.1 3 AGENDA ITEM NO.� PAS y 0F.35—r_ n I 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, acting as the legislative body of Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services), at a regular or adjourned regular meeting thereof held on the day of 2005, and that it was so adopted by the following vote: AYES: NOES ABSENT: ABSTAIN: „ i 4sss7ss6.i 4: _.- _ AGENDA ITEM NO. PAGE�OF OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 14 (LAKEVIEW VILLAS) SPECIAL TAX ELECTION August 23, 2005 To vote, mark a cross ( +) in the voting square after the ,word "YES ". or after. the word "NO." All marks otherwise made are forbidden. This ballot is provided to , as owner or authorized representative of such sole owner of land within Annexation Area No. 14 (Lakeview Villas) of City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) and represents _ vote. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula ") set forth in Resolution No. 2005- to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Tax Formula? WSW NO W 45367586A EXHIBIT "B" AGENDA ITEM N0. Zaa PACE Al RESOLUTION: NO.2005` RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT; FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 14 (LAKEVIEW VILLAS) ANNEXED TO SAID.DISTRICT WHEREAS, the City Council of the City of Lake Elsinore, California (the. "Council ") has previously conducted proceedings pertaining to the annexation of certain property ( "Annexation Area No. 14 (Lakeview Villas) " - into the City of Lake Elsinore Community Facilities District No. 2003 -1 (La)y Enforcement, Fire and Paramedic Services) (the "District'), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and WHEREAS, on August 23,'2005, an election was held within Annexation n Area No. 14 (Lakeview Villas) regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for Annexation Area No. 14 (Lakeview Villas) was approved by the qualified electors of Annexation Area No. 14 (Lakeview Villas), respectively; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. It is hereby determined that the election conducted within Annexation Area No. 14 (Lakeview Villas) was duly and validly conducted. Section 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 2005 — adopted by the City Council on August 23, 2005. AGENDA ITEM RD. 1 45367594.1 PAM n_ GF .t; ADOPTED, SIGNED AND APPROVED, this day of ( l 12005. Q../ CITY OF LAKE ELSINORE By .Robert E. Magee, Mayor Barbara Zeid Leibold, City Attorney .0 45367594.1 2 AGEW®A ffEM NO, PAGE�U_OF if x .y ORDINANCE NO. 2005'— (( ll ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNTTY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND •PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A' SPECIAL TAX ' WITHIN ANNEXATION AREA NO. 14 (LAKEVIEW VILLAS) ANNEXED'TO SAID DISTRICT WHEREAS, on July 12, 2005, the City Council (the "Council') of the City of Lake Elsinore, California (the "City ") adopted Resolution No. 2005 -64 stating its intention to annex certain property ( "Annexation Area No. 14' (Lakeview Villas) ") into City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District') pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the "Act'); and WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No. 14 (Lakeview Villas) into the District; and 1 WHEREAS, on August 23, 2005 this Council held a noticed public hearing `•✓ as required by law relative to the determination to proceed with the annexation of Annexation Area No. 14 (Lakeview Villas) into the District and the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 14 (Lakeview Villas) to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 14 (Lakeview Villas) were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2005- determining the validity of prior proceedings relative to the annexation of Annexation Area No. 14 (Lakeview Villas), annexed Annexation Area No. 14 (Lakeview Villas) into the District and authorized the levy of a special tax within Annexation Area No. 14 (Lakeview Villas); and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2005- which called an election within Annexation Area No. 14 (Lakeview Villas) for August 23, 2005 on the proposition of levying a special tax; and I�OENDA ITEM NO- 2— 45367598.1 - .pAWL.2AUOF- L� WHEREAS, on August. 23, •,2005. an election, was held - .within, each n Annexation Area No. 14 (Lakeview Villas) in which: the: eligible electors approved by more than two- thirds vote the proposition of levying a special tax; .y n ral NOW, THEREFORE, THE', CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES ORDAIN AS FOLLOWS: Section 1. A special tax is levied within the boundaries of Annexation Area No. 14 (Lakeview Villas) pursuant to the formula set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 14 (Lakeview Villas) prior to the annexation of Annexation Area No. 14 (Lakeview Villas) into the District, periodic costs, and costs of the tax levy and collection. Section 2. This legislative body is hereby further authorized each year, by resolution adopted as providedl in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that -- the special tax rate to be, levied shall -not exceed the maximum rate set forth in Exhibit "A." Section 3. All of the collections of the special tax shall be used as provided for in the Act and Resolution No. 2005- of the Council. i Section 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure "and sale - 'in cases -of, delinquency, and provided for ad valorem taxes. Section 5. The Mayor shall sign this ordinance: and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at -least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names 'of the Council Members voting for and against the ordinance. 45367598.1 ��� 2 - AGENDA MM ND._ &'OF F Y .y Section 6. This ordinance relating to the levy of the special tax takes effect and shall be in force from and'after 30 days from the date of final passage. A copy of this 'ordinance shall be' transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County. PASSED, APPROVED AND ADOPTED this day of 2005 AYES: NOES: ABSENT: .ABSTAIN: By 'Robert E; Magee; Mayor ATTEST: Frederick Ray, Deputy City Clerk" ` APPROVED'AS TO FORM: Barbara Zeid Leibold, City Attorney AGENDA ITEM N0. ?J 45367598.1 3 PAM &?---0 _y n STATE OF CALIFORNIA )„ all )ss. COUNTY OF RIVERSIDE ) i ,- I, Frederick Ray, Deputy City Clerk' of the City of Lake Elsinore, do hereby. certify that the foregoing ordinance was, duly. adopted by the City Council of said City at a regular 'or adjourned regular meeting thereof held on the day of 2005,�and that it- was -so :adopted by the following vote: AYES NOES: . i. ABSENT: ABSTAIN: Bv: - 45367598.1 Frederick Ray, Deputy City Clerk 1 AGENDA ITEM No.� 4. PAGE 3 0F� ra NOTICE OF ADOPTION OF ORDINANCE NO. 2005— NOTICE IS HEREBY GIVEN that on August ,23, 2005, at the Council Chambers of the City. of Lake Elsinore, 183 North ;Main Street, Lake Elsinore, California 92530, the City Council of the City of Lake Elsinore, ,in its capacity, as the legislative body of the City of Lakellsinore Community Facilities District No. 2003 -1 (Law Enforcement;' Fire and Paramedic Services), held a public hearing_ and adopted Ordinance No. 2005— . A summary of Ordinance No. 2005 — follows and is marked as Exhibit "A ". At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard.. Ordinance No. 2005 — AYES: NOES: ABSTAIN: ABSENT: was adopted by the following vote: CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) Dated: 12005 By Frederick Ray, Deputy City Clerk 45367598.1 5 AGENDA ITEM NO-- (.4) n .y BEFORE THE CITY CO ELSINORE IN ITS CAPACI THE CITY OF LAKE EL DISTRICT NO. 2003 -1 (i PARAMEDIC SERVICES) IN THE MATTER OF Authorizing the Levy of a Special Tax Within Annexation Area No. 14 (Lakeview Villas) Annexed to City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) «A» WIL OF THE CITY OF LAKE AS THE LEGISLATIVE BODY OF JORE COMMUNITY FACILITIES W ENFORCEMENT, FIRE AND I j ORDINANCE SUMMARY NO. 2005 — The ordinance authorizes levy of an annual special tax within Annexation Area No. 14 (Lakeview Villas) annexed to City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), collected in the same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 14 i,(Lakeview Villas) prior to the annexation of Annexation Area No. 14 (Lakeview Villas) to the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within Annexation Area No. 14 (Lakeview Villas). DATED: ; 2005 CITY OF LAKE ELSINORE 45367598.1 I: Frederick Ray, Deputy City Clerk AGENDA (TEM NO. PAGB_2yOF -y_. ..6✓ i CITY Of E LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM:, ROBERT A; BRADY, CITY MANAGER DATE: AUGUST23, 200$ SUBJECT: PUBLIC HEARING - FORMATION OF CFD 2005 -4 (LAKEVIEW VILLAS); JOINT COMMUNITY FACILITIES AGREEMENT; CALLA SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES I _ BACKGROUND On July 12, 2005,, the City adopted -a resolution, of intention to form Community Facilities District (CFD) 2005-4,(Lakeview Villas) and a resolution of intention to: incur bonded, indebtedness.to, finance the,facilities. DISCUSSION The developer plans to build 155 multi- family homes. The development is located next to the Wal- Mart/Vons shopping center and the City Center Townhome development., Attached is the CFDjreport prepared'by Harris and Associates. Joint Community Facilities Agreement A Joint Community Facilities Agreement ( "JCFA ") -will be entered into between the City, EVMWD and Elsinore Lakeview Villas LLC due to the inclusion of EVMWD facilities and fees. The JCFA was approved by EVMWD.on August, 11, 2005. Special Tax The average residential special tax is estimated at $2,875. The annual CFD tax amount, when combined with all other property taxes applicable to the project; is estimated.to be approximately 1.84 %, which is within the 2% City CFD guidelines. AGENDA ITFnn "n e� PAC;c_L_�t /C�-^ Parks, Open Space and Storm Drains Operation and Maintenance Built into the rate and method of apportionment (RMA) is a component to cover a Q o.) portion of increased cost of maintaining parks, open space and storm drains as a result of the new development. Facilities - The proposed facilities list is attached. The list totals $7,036,731. The list contains $2,325,155 of City of Lake Elsinore impact fees including MSHCP of $255,905 and TUMF of $1,123,440. The list also includes $353,347 of City of Lake Elsinore storm drain improvements, and $4,358,229 of EVMWD impact fees and improvements. Bond Issue In order to finance the facilities it is necessary to incur bonded indebtedness. The not to exceed amount is $9,000,000. -y FISCAL IMPACT The administrative cost of forming the district incurred by the City will be paid by the $50,000 deposit made by the developer., 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. RECOMMENDATION "" l- This is an advertise &Public, Hearing: The following is recommended to the City Council: I . Open the Public Hearing and take testimony 2. Adopt Resolution No. 2005 approving the Joint Community ' Facilities Agreement Adopt Resolution No. 2005 approving the formation of the District 3. Adopt Resolution No. 2005 — to incur bonded indebtedness and calling a special election 4. Adopt Resolution No. 2005 ordering canvassing of the election results -5. Conduct first reading of the Ordinance No. authorizing the levy of special tax (I.) AGENDA ITEM PACE OF REPORT TO CITY COUNCIL n AUGUST 23, 2005 PAGE 3 i PREPARED BY: MATT N. PRESSEY DIRECTORi OF ADMINISTRATIVE SERVICES APPROVED FOR AGENDA BY: .y I AGENDA ITEM N0. a I PAGES ,OF //� 6.oUMFIJumv Facilities C Rann'rt City of Lake Elsinore August 15, 2005 CFD No. 2DD5.4 (Lakeview Villas) ^ COMMUNITY FACILITITES DISTRICT REPORT Exhibit A — Boundary Map Exhibit B — Rate and Exhibit C — Property Owner Exhibit D — Effective Tax R of Apportionment Q.\ELSINORE \CFD 2005 -4 Lakeview Vi WVa po \CFD Report 2005 -4 (I,akcvicW Villas).doc i it AGENDA ITEM NO. PAGE �F r� .y City of Lake Elsinore August 15, 2005_ CFD No. 2005 -4 (Lakeview Villas) Page 1 COMMUNITY.FACILITIES DISTRICT REPORT; I. Introduction WHEREAS, the City Council of the City of Lake Elsinore (hereinafter referred to as the "Council "), pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act") did establish its intentions to form a community facilities district, consisting of the territory described in Exhibit A,. and did. expressly.order the filing of a written "Report" with the Board for the proposed community facilities district. This community facilities district shall hereinafter be referred to as Community Facilities District No. 2005 -4.of the City of Lake Elsinore (Lakeview Villas) (hereinafter referred to as CFD No. 2005 -4); and . WHEREAS, the Resolution of Intention of the City Council of the City of Lake Elsinore to establish Community Facilities District No. 2005 -4 of the City of Lake Elsinore (Lakeview Villas), to authorize the levy of a Special Tax to pay the costs of acquiring, constructing, or maintaining certain facilities and expenses of CFD No. 2005 -4 and to pay debt service on bonded indebtedness, did direct that said Report generally contain the'following: a. A brief description of the public facilities, by type, which will be required to adequately meet the needs of CFD No. M05- 4;'and b. An estimate of the cost of providing those public'facilities; including the cost of environmental evaluations of such facilities, and an estimate of the fair and reasonable cost of any incidental expenses to be incurred.... `✓ NOW, THEREFORE, I, Dennis A. Anderson, authorized representative of Harris & Associates, pursuant to the provisions of the Act, do hereby submit the following report. QiSLSINORE \CFD 20054 Lakeview Vi11as\reportlCFD Report 2005-4 (Lakeview Villas).doo PACE OF l City of Lake Elsinore August 15, 2005 CFD No. 20054 (Lakeview Villas) Page 2 . COMMUNITY FACILITIES DISTRICT REPORT II: Project Description .: i Pursuant to land use entitlements approved by the City of Lake Elsinore (the . "City") and Elsinore . Lakeview Estates (the . "Developer "), the, Developer plans to construct approximately 155 multi- family dwelling units, known as Lakeview Villas. The.City has proposed to form one community facilities. district-for the purpose of financing certain .infrastructure and public, facilities, and , maintenance fonthe benefit of Lakeview Villas. CFD No. 2005 -4 encompasses approximately 27.9 gross acres of land. Of this acreage, 7.8 acres are,:, expected to be developed for residential uses. CFD No. 2005 -4 will be; formed to.finance the acquisition and/or construction of storm drain, City fees,and fees and improvements of the, Elsinore Valley Municipal Water.District. See:Section III for a list of facilities to ;be acquired and maintenance services to be funded. I n Q:\F1,SINORE \CFD 2005 -4 Lakeview Villas\report \CFD R!port 2005-0 (Lakeview Villaa).doc PAGE `? OF / /,l City of Lake Elsinore August 15, 2005 CFD No. 2005-4 (Lakeview Villas) Page 3 COMMUNITY FACILITIES DISTRICT REPORT III. Description of Facilities & Services Facilities A'• community facilities' district may provide for the purchase; construction,. expansion or rehabilitation of any real or other tangible property with an estimated useful life of five (5) years or longer'which is necessary to meet increased demands placed upon local agencies as a result of development occurring within a community facilities district. In addition, a community facilities district may provide for the on -going costs for services and infrastructure maintenance for police, fire, parks, open space, parkways and storm drain facilities, as long as those services are in addition to services already received by the property within the district: The facilities described in the Report are all facilities which the City is authorized, pursuant to an agreement meeting the requirements of Section 53316.2.1 of the -Act or otherwise (the "Joint Community - Facilities Agreement") to own, construct, or finance; 'and which are required to adequately meet the needs of CFD No :i 2005 -4. The actual facilities described herein are' those currently expected to be required to adequately meet, in part, the needs of CFD No. 2005 -4. Because the actual needs of CFD No. 2005 -4 arising as development progresses therein_may differ from those currently anticipated, the City reserves the right to modify the actual facilities proposed herein to the extent the City deems necessary, in its sole discretion, to meet those needs. The proposed facilities for CFD No. 2005 -4 include all or a portion of design, construction, indirect costs and administration relating to the following improvements associated with Tentative Parcel Map 32127: 1. Storm Drain Improvements CFD No. 2005 -4 will also be authorized to finance City capital improvement fees imposed pursuant to City fee programs and fees and improvements of the Elsinore Valley Municipal Water District. In addition to the improvements above, the CFD is anticipated to cover the on -going costs for maintenance of the public parks, open space and storm drain improvements. Q- .TLSINORE \CFD 2005 -4 Lakeview Villas\rcporl \CFD Report 2005 -4 (L'akeview Villas).doc PAGE ,? OF I I City of Lake Elsinore August 15, 2005 CFD No. 2005 -4 (Lakeview Villas) Page - ^ COMMUNITY FACILITIES DISTRICT REPORT ( \ IV.II Cost Estimate The cost estimate for the facilities described in Section III is set forth below. The actual facilities to be financed will ultimately be determined in accordance with the Funding, Construction and Acquisition Agreement between the City and Developer. Community Facilities District-No. 2005 -4 (Lakeview Villas) . Estimated " Facilities Costs Facilities Cost Estimate Storm Drain Improvements lr $ 350,721 y Railroad Canyon Benefit Reimb, District Fee $, 511,500 Public Buildings Impact Fee $ 992,045 Fire Mitigation Fee li $ 23,250' Library Fee $ 23,250 Park Fee . $ 248,000 n Traffic`ImpactFee' o ` '' $' 139,810 TUMF. k,. $ .1,123,440 ` MSHCP Fee ' $ '255,905 I EVMWD Water System Improvements $ 1,704,996 EVMWD. Sewer Connection Fees : $ 752,525 EVMWD Water Connection Fees $ 841,495 ' EVMWD Irrigation. Meter Fees : $ 95,946 Total Estimated Construction Cost $ 6,262,883 It should be noted that the facilities cost estimates include all indirect costs such as project management, design engineering, right-of-way engineering, soils engineering and testing, plan checking, permits, fees, advertisement and award costs and inspections. Actual costs may differ from the amounts shown, which are estimates only and are not intended to be maximum limits in what may be expended. II Q.\ELSINORE\CFD 20054 Lakeview 2005 -4 (Lakeview visas ).Jo . AGENDA ITEM NO._�— PAGE OF // 6 I y City of Lake Elsinore August 15, 2005 CFD No. 2005.4 (Lakeview Villas) Page 5 , COMMUNITY FACILITIES DISTRICT REPORT V. Bonded Indebtedness and Incidental Expenses A: Projected Bond Sales The maximum authorized bonded indebtedness for CFD No. 200574 is $9,000,000. B. Incidental Bond Issuance Expenses to be included in the Proposed Bonded Indebtedness Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the costs of legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district due and payable prior to the expiration of one year from the date of completion of the facilities, not to exceed two years; election costs; and all cost of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings; bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing' costs. - For the bonds proposed to be issued by CFD No. 2005 -4, capitalized interest is estimated for 12 months, the reserve fund is equal to the highest debt service payment in any, year; and all other incidental bond issuance expenses at approximately 5.0 percent of the face amount of the bonds. C. Incidental Expenses to be Included in the Annual Levy of Special Taxes Pursuant to Section 53340.of the Act, the proceeds of any special tax may only.be,used to pay, in whole or part, the cost of providing public facilities, services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; the costs associated with the creation of the district, issuance of bonds, determination of the amount of taxes, collectiowof taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district; any other expenses incidental to the construction, completion, and inspection of 'the' authorized work; and the retirement of existing bonded indebtedness. While the actual cost of administering CFD No. 2005 -4 may vary, it is anticipated that the amount of special taxes which can be collected will be sufficient to fund at least $25,000 in annual administrative expenses. Qd/ Q,IELSINORE\CFD 2005 -4 Lakeview v lash report CFD Report 2005 -4 (Lakeview vnas).doo AGENDA ITEM NO. PACE /0 OF /!6 . City of Lake Elsinore August 15, 2005 CFD No. 2005.4 (Lakeview Villas) Page 6 ^ COMMUNITY FACILITIES DISTRICT REPORT ( 1 W Rate and Method of Apportionment of the Special Tax; . ; All of the property, located within CFD No. 2005 -4, unless exempted by law or by 'the Rate and Method of Apportionment, shall be taxed for the purpose of providing necessary facilities to serve CFD No. 2005 -4. Pursuant to Section 53325.3 of the Act, the tax imposed `-`is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax "may be'i based on benefit received by parcels of real property, the cost'of making facilitiesorautfiorized services available toeach parcel or other reasonable basis as determined by the legislative' body," although the 'Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. As shown in Exhibit B, the Rate and Method of Apportionment approved in the Resolution of Intention provides information sufficient to allow each property owner within CFD No 2005.4 to estimate the maximum annual Special Tax he or she will be required to pay. Sections A through C, below, provide additional information on the Rate and Method of Apportionment of the Special Tax for CFD No. 2005 -4, as is proposed to be adopted in the Resolution of Formation for CFD No. 2005- ` 4. Please note that all, capitalized terms used herein, unless otherwise indicated, shall have the meanings defined in the Rate'and Method of Apportionment. A. Explanation for Special Tax Apportionment' - "When a community !facilities district (a "CFD ") is formed; 'a special tax may be levied on each n parcel of taxable property within the' CFD' to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by the CFD. This special tax must be apportioned in a `reasonable manner; however; the'tax may not be apportioned on an ad valorem basis. When more than one type of land use is present within a CFD; several criteria may be considered when apportioning the special tax. Generally, criteria based on building square footage, acreage, and land use are selected, and categories based on such criteria are established to differentiate between parcels of property, ;These categories are a, direct result of the projected product mix, and are reflective of the proposed land use types,wiihin'that CFD: SpeciSc''special tax levels are assigned to each land use class, with all parcels within a land'use class assigned the, same special tax rate.. I The facilities to be funded by CFD No. 2005 -4 are generally in- tract' infrastructure improvements. These improvementsf are required for the orderly development,of the property within CFD No. 2005 -4. Each property will benefit from the improvements in several ways: ' 1) traffic circulation, 2) site access, 3) recreational amenities, 4) access to utilities, and 5) overall quality of life enhancement. The special tax can be apportioned using several different factors related to each property, including density, land area, traffic generation, and building square footage. Five Land. Use Classes have been established for Developed Property, .as shown in Table 1 below. The Special Tax for a single, family residential property will vary directly: with the amount of residential floor area on each parcel. ,The Special ,Tax. for. multi-family residential Property will be determined by the number,of units within the,.complex.. The Special ,Tax for (� non - residential property will be determined based on the. acreage of the parcel(s). The Special I f Q:\ELSINORE \CFD 20054 Lakeview Villas\ report\CFD R ep ort 2005-4_(Lakeview Villas).doo AGENDA ITEM ' ! PAGE / OF City of Lake Elsinore August 15,2005. CFD No. 2005-4 (Lakeview Villas) Page 7_ COMMUNITY FACILITIES DISTRICT REPORT Tax for Undeveloped Property and Provisional Undeveloped Property will be determined by the acreage of the property. Based on the types of public facilities that are proposed for CFD No. 2005 -4 and the factors described above, the Special Taxes assigned to specific land uses are generally proportionate to the relative benefits received by, them, and, accordingly, the Special Taxes in CFD No. 2005 -4 can be considered fair and reasonable. In addition, a maintenance special tax (Special Tax for Services) has been established to cover the on- going. costs of maintenance of the parks, open space and public storm drain system required from new development. The Special Tax for Residential Property will be based on a per unit basis. The area of the property will determine the Special Tax for Non - Residential Property. B. Maximum Special Tax Rates Special Tax for Facilities. •p Table I, on the,following page, lists the Assigned Special Tax rates " %r fiscal year 2006 -07' that are proposed to be levied against'Developed Property within CFD No. 2005 -4. 'The Maximum Special Taxes for developed property cannot exceed the rates shown in Table 1 for fiscal year 2006 -07, except when the Backup Special Tax is used as discussed in Section C. below. The Maximum Special Tax that maybe levied against Undeveloped Property and Provisional Undeveloped Property cannot exceed $127,440 per Acre ifor fiscal year 2006 -07. The Assigned Special Taxes and Maximum, Special Taxes will increase;.at ,a rate. of two percent per year., Each year, the City Council shall levy the Special Tax, subject to the methodology and Maximum Special Taxes set forth in the Rate and Method of Apportionment, in an amount sufficient to meet the Special Tax, Requirement. Special Tax for Services Table 2, on the following page, lists the Maximum Special Tax rates 'for fiscal year 2005 -06 that are proposed to'be levied against property within CFD No. 2005 -4. The Assigned Special Taxes and Maximum Special Taxes will increase at a rate of two percent per year. ; C Backup Special Tax Pursuant to'the Rate and Method "of Apportionment, the Maximum Special Tax for' Developed Property is the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax.' The Backup Special Tax will increase at a rate of two percent per, year: " D. Accuracy of Information W In order`to establish the Assigned Special Tax rates, the Backup Special Tax and'the Maximum Special Tax rate for Developed Property, Undeveloped Property, and Provisional Undeveloped Property as set forth in the Rate and'Method of Apportionment for CFD 2005 -4, the Special' Tax Consultant has relied on information including, but not limited to, absorption, land use types, building square footage, and net taxable' acreage which were provided to the Special Tax QdELSINDRE \CFD 2005-4 Lakeview Vi11asVcpor6CFD Report 2005 -4 (Lakeview Villas).doc - AGENDA ITEl16 iml ' . . pACE_.&1__0FF /1/, Y _y City of Lake,Elsinore CFD No. 2005-4 (Lakeview Villas) Co August 15;2005 Page B. Consultant by others. The Special Tax ;Consultant did not independently verify such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No. 2005 -4, including the inability to meet the financial obli ations of CFD No. 2005-.4. TABLE 1 Special Tax for Facilities - Assigned Special Taxes for Developed Property For Fiscal Year 2006 -07 Community Facilities District No. 2005 -4 Land Use Type Building Square Footage Rate Single Family Property Multifamily Property Less than 1,250 $2,546 per Single Family Unit Single Family Property $545 per Acre 1,250-1,750 $2,901 per Single Family Unit Single Family Property Greater than 1,750 $3,117 per Single Family Unit Apartment Property N/A -117,750 per Acre Non-Residential Property N/A $17,750 per Acre TABLE 2 Special Tax for Services for Developed Property n Community Facilities District No. 2005 -4 Fiscal Year 2005 -2006 Description Rate Single Family Property $242 per unit Multifamily Property $121 per unit Non - Residential Property $545 per Acre Q:\ELSINORE \CFD 20054 Lakevew i VilWVepoA \CFD Report 2005 -4 (Lakeview Villas).dx .. _ i AGENDA 47EM PAGE,Z._DF City of Lake Elsinore CFD No. 2005 -4 (Lakeview August 15, 2005 Page 9 REPORT Al. Boundaries of CFD No 2005 -4 The boundaries of CFD No. 2005 -4 include all land on which special taxes may be levied. A copy of the Boundary Map for CFD No. 2005 -4 is included as Exhibit A. (.$) .. - Q:\ELSINORE\CFD2005 -01akeimVillas \report\CFDReport2005- 4(Lskevie Villas).doo AGENDA ITEMMO.,�__�_ PAGE LL City of Lake Elsinore CFD No. 2005-4 (Lakeview Villas) COMMUNITY. VIII. August 15;2005 Page 10, ALITIES DISTRICT REPORT Terms and Conditions A., Substitution Facilities The description of the public facilities, asset forth herein, are general in their nature. Ile final nature and location of improvements 'and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes, in lieu or modifications to the proposed work in order to accomplish the work of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service and are of a type substantially similar to that as set forth in this Report. i Q:\ELSINORE \CFD 2005-4 Lakeview (Iskevi., vinas).duc,. _ . ,. AGENDA ITEM N0. , �I PAGES OF // H City of Lake Elsinore August'15, 2005 CFD No. 2005 -4 (Lakeview Villas) Page 11- COMMUNITY FACILITIES DISTRICT REPORT _ IK Certification Based on the information provided herein, it is my opinion that the facilities and services described herein are necessary to meet increased demands placed upon the County as a result of development occurring within the boundaries of CFD No. 2005 -4 and benefit the lands'within said CFD No. 2005- 4. Further; it is my opinion that the special tax rates and'method of apportionment, as set forth herein, are fair and 'equitable, uniformly applied and not discriminating or arbitrary. Dated: August 15, 2005 Harris & Associates Dennis A. Anderson Associate / Project Manager (.$) o: \EISINOnE\CFD 200-4 Lakeview wues\repo t\Crn xe„on 2005 -4 (Ukeview waes).aoo 'AGENDA ITEM NO. PAGE—_ZZ._OF !! City of Lake Elsinore Exhibit "A',: -; August 15, 2005 CFD No. 2005-4 (Lakeview Villas) Page A -1 Boundary.Map. ; PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT. No. 2005 -4 OF THE CITjY OF,, LAKE ELSINORE (LAKEVIEW VILLAS) COUNTY. OF RIVERSIDE, STATE OF CALIFORNIA k r y i 'i AY.H� ]6 }RW -005 C4 5"�ar21�0 --W'/ ♦ w }zAO -tae mi ]a }z5a -coz ]a }zsa -005 a }:seta }, _. ]g� 290 Om? X1 -250 012... I W.., IW I _ A/T➢ ear•. PROJECT 4 L. SITE - " RAILROAD - CANYON ROAD .. _ IIIm N,IM RF12611E MY Nfl01,Q MOtt (f IMC 6AAIC a.S ��AYR� Y .. 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I PROPOSM E30UNDARY MAP: • • Aovoa Ha A1MM91C mrn .team s ..vs ra A cenum orsa 1. m ....m .... , e tl r..m. p M H.. zest !._m w ab ' • IIII� Iwl u,- u Hul e... 1 a ... .,QENDA`ITEia1 .�� Q:IELSINORE \CFD 2005 -4 Lakeview ViII.s\report\CFD Report 2005-4 (Lakeview Vzllas).doc F: pAGEa OF __,.� _ �I City of Lake Elsinore &hibit "B" June 29, 2005 CFD No. 2005-4 (Lakeview Villas) Page 131 Rate and, Method of Apportionment RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-4 OF THE CITY OF LAKE ELSINORE (Lakeview Villas) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in the City of Lake Elsinore Community Facilities District No. 2005 -4 (Lakeview Villas) ( "CFD No. 20054"). The Special Tax shall be levied on and collected in CFD No. 2005 -4 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within CFD No. 2005 -4, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, r 1 Part I of Division 2 of Title 5 of the Government Code of the State of California. �J "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2005 -4: the costs of computing the Special Taxes and preparing the 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 for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 20054 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2005 -4 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2005 -4 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 -4 or any designee thereof related to an appeal of the Special Tax, the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2005 -4 for any other administrative purposes of CFD No. 2005 -4, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a- building compri sed of attached residential units available for rental by. the general public, not for sale to an end user, and under common management: City of Lake Elsinore June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) iyutN(jN 1'(ti., PAGE— //41- t City of Lake Elsinore CFD No. 2005-4 (Lakeview Villas) and "Assessor's Parcel' means a lot or parc assigned Assessor's Parcel Number: "Assessor's Parcel. Map" means an offs by Assessor's Parcel Number. "Assessor's Parcel Number" means tha purposes of identification. "Assigned Special Tax for Facilities" i below. Exhibit "B June 29,2005- Page B-2 1 of land designated on an Assessor's Parcel Map with an ial map of,the Assessor of the County designating parcels. nber assigned to an Assessor's Parcel by the County for is the Special -Tax :of that name described. in Section D . "Backup Special Tax for Facilities" means, the Special. Tax of that name described.in Section E^ below. "Bonds" means any obligation to repay all sum of money, including obligations in the form of bonds, notes, certificates of participation, long -term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals,, or long- -term contracts, or any refunding thereof, to which Special Taxes s for Facilities within CFD No. 20054 have been pledged. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by, reference to the building permit application for such Assessor's Parcel, , -. . n"Calendar. Year" means,the period commencing.January 1 of anyyear and ending the following° December 31. c; "CFD Administrator means, an official of the City, or, designee thereof, responsible - for. (i) determining the Special Tax Requirement for Facilities, (ii) determining the' Special,_ Tax. Requirement for Services, as defined in Section L, as applicable, and (iii) providing for the levy and collection of the Special Taxes. ".CFD No. 20054" means Community Facilities District No. 2005 -4 (Lakeview Villas), established by the City under the.Act „ "City" means the City of Lake,Elsinore. ;. - "City Council" means the City Council of the,City of Lake Elsinore,,acting as the Legislative Body of CFD No. 2005 -4, or its designee. "County" means the County of Riverside!: I "Developed Property" means all Assessor' s'. Parcels of Taxable Property for which a building permit for new construction was issued on or before May 1.' -preceding the Fiscal Year in which the Special Tax is being levied "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section J. City of Lake Elsinore June 29, 2005 Community Facilities District No. 2005 4 ( Lakeiiew Villas) AGENDA ITEM N0.- PAGE 22 DF City of Lake Elsinore Exhibit "B" June 29, 2005 CFD'No. 2005-4 (Lakeview Villas) - Page B-1 Rate and Method of Apportionment "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July I of any year and ending the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified; amended and/or' supplemented from time to time ; and 'any instrument replacing or supplementing the same. "Land Use Type" means any of the types listed in Table' I of Section D. "Lot" means an Assessor's Parcel for which a building permit has or may be issued for the purposes of constructing a Single Family Unit. "Maximum Special Tax for Facilities" means the tnaximum Special "Tax fdr Facilities, determined in accordance with Sectiori'C, that can be levied by CFD No. 2005 -4 in any Fiscal Year on any Assessor's Parcel "Non - Residential. Property" means all Assessor 's Parcels of Developed Property for which a building permit was issued for any type of non - residential use. "Partial Prepayment Amount." means the amount`required to prepay a portion of the Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the'amount' required to' prepay the Special Tax for Facilities obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of Developed' Property. subject to the 'apportionment of the Special Tax' for Facilities under step three of Section F, "Proportionately" in step three means that the quotient of (a) actual• Special Tax for Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property"°means 'all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J as applicable. " "Residential i property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or "more residential' dwelling units. "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property. . "Single Family Unit" means a residential dwelling unit other than an Apartment Unit. . City of Lake Elsinore June 29, 2005 - Community Facilities District No. 2005 -4 (Lakeview Villas) AGENDAITEM hlti _ -.. P.AGE� ^0f JG�a City of Lake Elsinore Exhibit "B" June 29, 2005 CFD No. 2005 -4 (Lakeview Villas) Page B-2 Rate and Method of Apportionment,, 1 "Special Tax" means any of the special taxes authorized to be;levied by CFD No. 20054 pursuant to the Act. "Special Tax, for Facilities" means any, of the_ special :taxes authorized to be levied by .CFD No. 2005 -4 pursuant to the Act-to fund the Spellcial•Tax Requirement for Facilities. "Special Tax Requirement for Facilities',' means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding. Bonds due in the.'Calendar'Year that commences in such Fiscal Year,,(ii) Administrative Expenses, (iii), the costs associated with the release of funds from an escrow account, (iv) any, amount required to establish or replenish any reserve funds established in association with the ,Bonds, (v) an amount equal to any. anticipated shortfall" due to Special Tax for Facilities delinquencies in the prior Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction. of facilities authorized by CFD No. 2005 -4 provided that the inclusion of such amount does riot cause an increase in the levy of Special Tax for Facilities on Undeveloped Property as set forth in Step Two of Section F, less (vii)'any,amoums available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture: ' s ':Taxable Property" means all Assessors Parcels within CID No.* 2605-47,- which are not Exempt Property... . "Trustee" means the trustee, fiscal agent, or paying` agent under the,Indenture "Undeveloped Property" means all Assessor's Parcels of Taxable Property, which are not Developed Property, or Provisional Undeveloped Property. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS- Each Fiscal Year, beginning with Fiscal Year 2006 -07, each Assessor's Parcel within CFD No. 2005- 4 shall be classified as Taxable Property or Exempt Property. In'addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Propery; Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non - Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property or Apartment Property, and each Single Family Property shall be assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building-Square Footage. f j SECTION, C MAXIMUM SPECIAL" TAX FOR FACILITIES 1. Developed Property i - r The `Maximum 'Special Tax fort Facilities for. each Assessor's Parcel of Single Family Property in any Fiscal Year shall be the greater of (i),the:Assigned Special Tax for Facilities or (ii) the Backup Special Tax for Facilities. The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or ^ Non - Residential Property shall be the applicable Assigned Special Tax for Facilities ( , described in Table 1 of Section D.I City of Lake. Elsinore June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) AGENDA ITEM YU PAGE�,_OF ll G 1 City of Lake Elsinore Exhibit "B" June 29; 2005 CFD No. 2005-4 (Lakeview Villas) Page &3 Rate and Method of Apportionment' Prior to the' issuance of Bonds, Ithe Assigned Special Tax for Facilities. on Developed Property set forth in Table I may be reduced in accordance with, 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 City 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 Maximum Special Tax for Facilities on Developed Property may be reduced (by modifying Table 1) 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'. In order to reduce the Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special Tax for Facilities for Undeveloped Property. 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 by executing a certificate in substantially the form attached hereto as Exhibit "A Undeveloped Property and Provisional- Undeveloped Property The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Special Tax for Facilities. SECTION D ASSIGNED SPECIAL TAX FOR FACILITIES Developed Property 1 Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Property, or Non- Residential Property shall be subject to an,Assigned_Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed, Property for Fiscal Year 2006 -07 shall be determined pursuant to Table 1 below. TABLE 1 ASSIGNED SPECIAL TAX FOR FACILITIES RATES.. FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2006 -07 Land Use Type Building Square Footage Rate Single Family Property Less than 1,250 $2,546 per Single Family Unit Single Family Property 1,250 — 1,750 $2,901 per Single Family Unit Single Family Property Greater than 11750 $3,117 per Single Family Unit Apartment Property N/A • -, $17,750 per Acre Non - Residential Property N/A. - $17,750 per Acre (..r) (.r) City of Lake Elsinore June 29, 2005' �•�/ Community Facilities District No. 2005 -4 (Lakeview Villas) AGENDA ITE1n 11u:.;�aA.,____ PAGE .�I Z- OF 17(0 City of Lake Elsinore Exhibit "B ",_ June 29, 2005 CFD No. 2005.4 (Lakeview Villas) Page 13-0 Rate and Method of Apportionment I 2. Uridevelooed Property and Provisional Undeveloped Property Each Fiscal Year,,. each Assessor's, Parcel of 'Undeveloped. Property and Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for-Facilities rate for an.Assessor's Parcel classified as Undeveloped, Property.and Provisional.Undeveloped Property . for Fiscal Year 2006 -07 shall be $127,440 'per Acre. Increase in the Assigned Special Tax for Facilities On each July: 1, commencing July .l, 2007, the Assigned Special Tax for Facilities rate for - Developed Property; :Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent,(2.00 %) of the amount in effect in the prior Fiscal Year. SECTION E' . ' BACKUP SPECIAL TAX FOR FACILITIES At the time a Final Map is recorded for Sin gle Family Property, the Backup Special Tax for Facilities for all Lots within such Final Map area shall be determined by,dividing (a). the product of the Maximum Special Tax for Facilities rate for Undeveloped Property and the total Acreage of all Lots in such Final Map area, by (b) the total number of Lots within such Final Map area. The resulting quotient shall be the Backup Special Tax for Facilities for each Lot within such Final Map area. The Backup, Special Tax for Facilities shall not apply :to, Non-Residential Property or Apartment Property: If a Final Map includes Assessor's Parcels of Developed Property.which are classified or reasonably expected to be classified as Single Family Property and Non - Residential Property or Single Family Property and Apartment Property, then the Backup Special Tax for Facilities for each Lot shall be computed exclusive of the allocable portion of total Acreage attributable to Assessor's Parcels classified or reasonably expected to be classified as Non- Residential Property or Apartment Property. Notwithstanding the foregoing, if one or 'more Lots' are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special.Tax for Facilities for the area that has been changed or modified shall be recalculated, based on the methodology above to equal the amount' of Backup Special Tax for Facilities that would have been generated if such'change did not take place. On'each July 1, commencing July 1, 2007, the Backup Special Tax for Facilities rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. ' SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006 -07 and for, each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: City of Lake Elsinore June 29, 2005 �\ O Community Facilities District No. 2005 -4 (Lake iew Villas) • _' - AGENDA i ic..: ­ PAGE - -0F fl4_ City of lake Elsinore Exhibit "B"- June 29, 2005 CFD No: 20054 (Lakeview Villas) Page B-5 Rate and Method of Apportionment. Step One: The Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax for Facilities rates in Table' 1 'to satisfy the Special Tax Requirement for Facilities. Step Two: If additional moneys are needed to satisfy the'Special Tax Requirement for Facilities 'after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three:. If additional' moneys are needed to satisfy'the Special Tax Requirement for Facilities after the first .two • steps have been completed;• then the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum' Special Tax for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special Tax for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy the Special Tax Requirement for Facilities. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's •Parcel as needed to satisfy • the Special Tax Requirement for Facilities: Notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by owner of any other Assessor's Parcel within CFD No. 2005 -4. SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES, . The following additional definitions apply to this Section G: "CFD Public Facilities ".means $6,500,000 expressed in 2005 dollars, which shall increase by the; Construction Inflation In on July 1, 2006, and on each July I thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2005 -4 , or (ii) determined by the City Council conclurently with a covenant that it will not issue any more Bonds to be supported by Special.Taxes for Facilities levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under, CFD No. 2005 -4. "Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction City of Lake Elsinore ' June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) AGENDA 1 ��� - ---- pAGE a OF a> w City of Lake. Elsinore CFD No. 2005-4 (Lakeview Villas) Rate and P Inflation Index shall be another index as c Engineering News- Record Building CostI "Future Facilities.Costs" means the CF be funded through existing construction m minus public facility costs.funded by:inter to the date of prepayment. "Outstanding Bo rids" means all - previou Taxes for Facilities which, will jemaim of date following the current Fiscal Year, t I ' Exhibit "B' 2005 Page &6 hod of. Apportionment-. rmined by the City that is reasonably comparable to the ;x for the city of Los Angeles. ) Public Facilities minus public facility costs available to escrow accounts or funded by the Outstanding Bonds, and st;eamings on the Construction Fund actually earned prior issued Bonds issued and secured by the levy of Special anding after . the,frrst_ interest and/or principal payment luding. Bonds to be-redeemed at a later date with the proceeds of pnor prepayments of Specra .. o cs _for Facilities. The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped ,Property for which .a building permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The 'Prepayment Amount: for an Assessor's Parcel eligible , for prepayment shall be determined as described below.. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such notice the CFD Administrator shall notify such owner of the Prepayment Amount of 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 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The,Prepayment Amount for.each applicable, Assessor's Parcel shall be calculated according to the following,formula (capitalized. terns defined below): City of Lake Elsinore June 29, 2005 Community Facilities District No. 2005 -4 (Lake vi yew Villas),,- AGENDA ITtw-'- — ( /� PAGE „o?S: OF & Bond Redemption Amount plus Redemption Premium : _ . ,. plus Future, Facilities Amount plus Defeasance Cost plus -,... , ; Administrative Fee .- , less - Reserve Fund Credit ., less Capitalized Interest Credit.! equals Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: I. For an Assessor 's Parcel of Developed Property, compute the Assigned Special ;Tax for Facilities and Backup Special Tax for Facilities, if any, applicable to the Assessor's Parcel. For an Assessor's Parcel of Undeveloped Property, compute the Assigned Special Tax for.Facilities as though it was already designated 'as Developed Property based upon the building permit issued or expectedto be issued for that Assessor's Parcel. For an Assessor's City of Lake Elsinore June 29, 2005 Community Facilities District No. 2005 -4 (Lake vi yew Villas),,- AGENDA ITtw-'- — ( /� PAGE „o?S: OF & v City of Lake Elsinore Exhibit "B rJune 29, 2005 CFD No. 2005.4 (Lakeview Villas) Page B-7 -- Rate and Method of Apportionment Parcel of Provisional Undeveloped Property compute the Assigned Special' Tax for Facilities for that Assessor's Parcel. 2. For each Assessor's Parcel of Developed Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid; (a) divide the Assigned Special Tax •for Facilities computed) pursuant, to paragraph I for such Assessor's Parcel by the sum of the estimated Assigned Special-..Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities applicable to all Assessor's Parcels of Taxable'Property at buildout, as reasonably determined: by the City. 3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds. The product shall be the "Bond Redemption _, .. Amount ". 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds' of the Bond Redemption Amount. This product is the "Redemption Premium." 5' Compute the Future Facilities Cost. 6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by .. 4 J the amount determined pursuant to paragraph 5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount "). - T. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest redemption date for the Outstanding Bonds. 8. Determine the actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has-not yet been paid. 9. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amountplus -the Redemption Premium until the earliest redemption date for the Outstanding Bonds. 10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the amount computed pursuant Ao''paragraph 9: This difference is the` "Defeasance Cost." 11.' Estimate the administrative' fees and expenses associated with the " prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence prepayment a and p y the redemption. This amount is the "Administrative Fee City of Lake Elsinore Community Facilities District No. 2005 -4 (Lakeview Villas)' June 29,2005' AGENDA ITEIv, :.;: PAGE ,2& OF !1 City of Lake Elsinore Exhibit "B"' June 29,•2005• CFD No. 2005 -4 (Lakeview Villas) page B-8_ Rate and Method of Apportionment ( 12. Calculate the "Reserve ,Fund Credit" as the lesser of (a) the expected ;reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the „ amount derived by subtracting the new reserve requirements in effect after the redemption,of Outstanding Bonds as a resultof the prepayment from, the balance 'm' ,,,the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall "be given., Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than 0. 13. If any capitalized interest for the Outstanding Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed ' pursuant to paragraph 2(a) or 2(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment. Tbis amount is the "Capitalized Interest Credit." 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption -Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit. ' 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs' 3, 4, 10, 12, and 13 shall be deposited into.the appropriate fund as established under the Indenture and used to retire Outstanding Bonds or make debt service payments. The amotint'computed'pursuant 6-paragraph 6 shall be deposited into the Constriction Fund. The amount computed pursuant to paragraph 11 shall be retained by CFD No 2005 -4 1 1 The Special Tax for Facilities, prepayment amount.may be insufficient to redeem a full.$5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Seetion "G, the City Council shall indicate in the records of CFD No. 200574 that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel: to pay such Special Taxes for Facilities shall cease. Notwithstanding the•foregoing, no prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal -Year: City of Lake Elsinore - Community Facilities District No. 2005 -4 (Lakeview Villas)' June 29, 2005 AGENDA ITEiv. ,.:. PACE a 7 of rr 1p. '11 City of Lake Elsinore Exhibit "B June 29, 2005 CFD No. 2005.4 (Lakeview Villas) Page B-9 Rate and Method of Apportionment SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities obligation' of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H below, may be partially prepaid, provided that there are no-delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Partial Prepayment Amount shall be calculated according to the following formula: PP = (Po —A) x F +A The terms above have the following meanings: PP = the Partial Prepayment Amount. PG = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities obligation. A= the Administrative Fees and Expenses calculated according to Section G. 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 for Facilities and the percentage by which the Special Tax for Facilities 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 for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G, and (ii) indicate in the records 'of CFD No. 2005 -4 that there has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation, to indicate the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Assessor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities shall cease not later than the 2041 -42 Fiscal Year, however, the Special Taxes for Facilities 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. 20054 Bonds have been paid; (ii) all authorized facilities of CFD No. 2005 -4 have been acquired and all reimbursements to the developer have been City of Lake Elsinore June 29, 2 ' Community Facilities District No. 2005 -4 (Lakeview Villas) AGENDA 1 i �! • - PAGE OF City of Lake Elsinore Exhibit "B ": June 29, 2005 CFD No. 2005-4 )Lakeview Villas) . 11 . page &16 " Rate and Method of Apportionment paid, (iii) no delinquent;S cial:Taxes for Facilities remain uncollected and (iv) all other obligations Of CFD No. 2005 -4 have been satisfied. „ SECTION. J EXEMPTIONS The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication; `encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels'which are owned by irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels'with public or utility easements making impractical their utilization for, other than the purposes set forth in the easement, '(v) Assessor's Parcels -which are privately owned and are encumbered by or restricted solely for public uses, or (vi) other types of public uses determined by the City Council, provideddhat no such classification would reduce the sum.of all Taxable Property to less than 3.5 Acres. Notwithstanding the above, • the City "Council shall not classify an- Assessor's Parcel as Exempt Property if such classification would reduce; the sum of all Taxable Property to less than 3.5 Acres. Assessor's Parcels,which- cannotbe classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property, to less than 3.5 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes for Facilities pursuant to Step Four in nSection F. , ; SECTION K' , MANNER OF. COLLECTION,OF SPECIAL, TAX FOR FACILITIES The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2005 -4 may collect Annual Special Taxes for, Facilities at.a, different time•or_in a. different manner if necessary to meet its financial obligations and may covenant_ to foreclose and may actually, foreclose 'on, delinquent Assessor's Parcels as permitted by the Act. SECTION L SPECIAL TAX FOR'SERVICES The following additional definitions apply to this Section L: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior. to May 1, preceding the Fiscal Year in which the Special Tax for Services is being levied: "Developed Single Family Unit ". -means a residential dwelling unit, other than a Developed Multifamily Unit on an Assessor's Parcel for, which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. City ofLakiElsinore -'" --" - - "" - 'June 29 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) , AGENDti i : PAGE o2 9 of // fr .y City of Lake Elsinore Exhibit "B" June 29, 2005 CFD No. 2005 -4 (Lakeview Villas) Page B-11 Rate and Method of Apportionment "Maximum Special Tax for Services" means the'Iriaximiun Special Tax for Services that can be levied by CFD No. 2005 -4 in any Fiscal Year on any Assessor's Parcel "Operating Fund" means a fund that shall be maintained for CFD No. 2005 -4 for any Fiscal Year to pay for the actual costs of maintenance related to the Service. Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year.. "Service Area" means parks, open space, and .storm drains "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2005 -4 pursuant to the Act to fund the Special Tax Requirement for Services.,. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No. 2005 -4 equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in CFD No. 2005 -4 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing Fiscal Year 2005 -2006 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit *or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to, the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services.' The Maximum Special Tax for Services for Fiscal Year 2005 -2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00 1/o) of the amount in effect in the prior Fiscal Year. 2. Duration of the Snecial Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement, for Services, unless no longer required as determined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however; that CFD No. 2005 -4 may collect the Special Tax for Services at a different time or in' a different manner if becessary to meet its funding requirements. City of Lake Elsinore Community Facilities District No. 2005 -4 (Lakeview Villas) W June 29, 2005 AGENDA ITEM NO.� pAGE _?nOF 1/� City of Lake Elsinore Exhibit "B "` June 29, 2005' CFD 'No: 20054 (Lakeview Villas) page &12 f Rate'and Method of Apportionment t� SECTION M APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelvemonths after having paid the first installment of the Special Tax that is disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the CFD Administrator's decision requires that the Special Tax'for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or residents appeals. Any decision of the City Council shall be final and binding as to all persons. City of Lake Elsinore - - June 29, 2005 Community Facilities District No 2005 -4 (Lakeview Villas) `- ,;6'rNDA ITEM N0. PAGE 0 F // is City of Lake Elsinore Exhibit `B" June 29, 2005 CFD No. 2005.4 (Lakeview Villas) Page B-13 Rate and Method of Apportionment EXHIBIT A CERTIFICATE TO AMEND SPECIAL TAXES City of Lake Elsinore June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) PAGE .3-1- OF- Q.6) City of Lake Elsinore Exhibit "B° June 29, 2005` CFD No: 2005 -4 (Lakeview Villas) page Dt4 . Rate and Method of Apportionment 1 CITY OF LAKE ELSINORE AND CFD NO. 2005-X CERTIFICATE I. Pursuant to Section of the Rate and Method of Apportionment of Special Tax (the "RMA "), the City of Lake Elsinore (the "City ") and Community Facilities District No. 2005- X of the City of Lake Elsinore ( "CFD No. 2005 -X ") hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property [within such Improvement Area]: Y .y f , f ' (a) The information in Table. I relating to the Maximum Special Tax for Facilities for Developed. Property and/or Undeveloped Property within [ImprovementAre'aX or CFD No. 2005-X] shall be modified as follows: [insert Table 1 showing effective'ahange to special tax rates'and/or insert change to special tax rates for Undeveloped Property) 2. Table I may only be modified prior to the issuance of Bonds. 3. Upon execution of the Certificate by the City and CFD No. 2005 -X the City shall cause an amended Notice of Special Tax Lien [for the Improvement Areal to be recorded reflecting the modifications set forth herein: - By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2005 =X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE By- Date',.. CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 2005-X OF THE CITY OF LAKE ELSINORE CFD Administrator City of Lake Elsinore Community Facilities District No. 2005 -4 (Lakeview Villas) Date: - June 29, 2005 PAGE _2 a�-F/& C is City of Lake Elsinore EXHIBIT "C" CFD No. 2005 -4 (Lakeview Villas) - Property Owner List August 15, 2005 Page C -1 1.04 1.27 1.02 1.00 1.00 1.00 1.04 1.34 0.90 . 1.00 1.01 1.19 1.00 1.06 1.06 1.39 1.03 1.00. 1.00 1.02 1.02 AGENDA ITEM NO• _OF4 PAGE (..s/ City of Lake Elsinore Community Facilities District No., 2005-4 _ (Lakeview Villas) Property Owner List. . APN Owner 363- 240 -006 ELSINORE LAKEVIEW ESTATES 363 - 240 -010 ELSINORE LAKEVIEW ESTATES 363 - 240 -012 ELSINORE LAKEVIEW ESTATES 363 - 240 -013 ELSINORE LAKEVIEW ESTATES 363 - 240 -014 ELSINORE LAKEVIEW ESTATES 363 -240 -015 ELSINORE LAKEVIEW ESTATES 363 - 240 -022 ELSINORE LAKEVIEW ESTATES 363 -240 -024 ELSINORE LAKEVIEW ESTATES 363 -240 -025 ELSINORE LAKEVIEW ESTATES 363 - 250 -001 ELSINORE LAKEVIEW ESTATES J 363 -250 -002 ELSINORE LAKEVIEW ESTATES 363 - 250 -003 ELSINORE LAKEVIEW ESTATES 363 - 250 -004 -ELSINORE LAKEVIEW ESTATES 363 - 250 -005 ELSINORE LAKEVIEW ESTATES 363 - 250 -006 ELSINORE LAKEVIEW ESTATES 363 - 250 -007 ELSINORE LAKEVIEW ESTATES 363 - 250 -008 ELSINORE LAKEVIEW ESTATES 363 - 250 -009 ELSINORE LAKEVIEW ESTATES 363 -250 -010 ELSINORE LAKEVIEW ESTATES 363 -250 -011 ELSINORE LAKEVIEW ESTATES 363- 250 -012 ELSINORE LAKEVIEW ESTATES Grand Total August 15, 2005 Page C -1 1.04 1.27 1.02 1.00 1.00 1.00 1.04 1.34 0.90 . 1.00 1.01 1.19 1.00 1.06 1.06 1.39 1.03 1.00. 1.00 1.02 1.02 AGENDA ITEM NO• _OF4 PAGE (..s/ 00 N m m Q I .y O H nm W W 5 m 0g W m� W� nJci o= U U m H V LUW V3 69 69 V3 69 V3 69 V3 V3 69 V) V3 y 69 V3 Ge Vi.69 Vi 64i V3 69 69 y O Vi M h D\ O N V O O O N M' sj 01.. - 7 - O... -i M- T .lam .01 M. �O. ^' '� ON a M N '.� 6R 69 V3 6R 603 V3 69 V3 69 V3 V3 V3 , 0% O t � � M U 1� C� M�6 .--i C1 L.. ret cl r M M M N a 10(1 M V3 O p O v-, N F C) r Vi O U m 1tl A � G N N 7 y n d N p 69 V3 V 0 F Fx L o. O a 0 O y U _ ... Old A F Off, pip W � V d v d A o o� b� 5wzr pAMLL�OF Vj Vj V3 v3 v> Vj Vj Vj Vj .ter 00 1- CN M V . • -v3 /V3 C� .. _. Vi 69' "v3 69 V3 64 Vi "Vf Vi kn O O � A A y O U ] U Q V a jiz • V+ r-. � y � O � N m o�ije3¢vo Fly O 0 O {O. N 'U '6 O N o w, U y v c 2 ^" Fwd H en� o�3W�WCa Cd °. ^a 0 �p alb o�3b o 0 w gua UU a xzM= ¢Hzz.z V3 O p O v-, N F C) r Vi O U m 1tl A � G N N 7 y n d N p 69 V3 V 0 F Fx L o. O a 0 O y U _ ... Old A F Off, pip W � V d v d A o o� b� 5wzr pAMLL�OF JOINT COMMUNITY FACILITIES AGREEMENT by and among CITY OF LAKE ELSINORE, ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND ELSINORE LAKEVIEW VILLAS, LLC - RELATING TO `�' COMMUNITY FACILITIES DISTRICT NO. 2005-4 ( LAKEVIEW VILLAS) OF THE CITY OF LAKE ELSINORE AGENDA ITEM NO. PAGE 36 OF_ /J<-� JOINT COMMUNITY.FACILTTIES AGREEMENT r I.. IBY AND AMONG CITY OF LAKE ELSINORE, ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND ELSINORE LAKEVIEW VILLAS, LLC (Community Facilities District No. 2005 -4 (Lakeview Villas) of the City- of Lake Elsinore) THIS JOINT COMMUNITY,FACILITIES ;AGREEMENT.( "Agreement ") is made and. ' entered into as of the day of 2005, by and among the ELSINORE VALLEY MUNICIPAL WATER DISTRICT, County of Riverside, State of California, a municipal water district (" EVMWD'") organized and operating'pursuantto the Municipal Water District Law of 1911 as set forth in the California Water Code,`the CITYOF'LAKE ELSINORE, a municipal corporation ( "City "), and ELSINORE LAKEVIEW:VILLAS, LLC, a California limited liability. company ( "Property Owner "), with'respect:,to !Community Facilities :District No. 2005 -4. (Lakeview Villas) of the City (the "CID"). r RECITA.LS•� _ A. Property Owner. is , the owner of certain real property located within the boundaries of EVMWD and the City and depicted in Exhibit "A" hereto (the "Property ").' The Property consists of the Lakeview Villas. condomini urn community. B. - Property Owner intends to. develop the Property for residential purposes and has, obtained or intends to obtain the.necessary development approvals to construct approximately 155 condominium residential units. Development of the Property shall be referred to as-the' "Project." C. The Project will require the payment, pursuant to the rules and regulations of EVMWD, as amended from time to time ( "EVMWD Rules and Regulations "), of certain EVMWD Charges (defined below). An amount equal to all or a portion of the EVMWD Charges may be paid directly to EVMWD from time to time out of Bond Proceeds (defined below) pursuant to this Agreement. � „ . D. The Project will also benefit, in whole or in part, from the construction of certain Acquisition Facilities (defined below and described on Exhibit "B" attached hereto). EVMWD and the Property Owner `agree that any Acquisition Facilities to be constructed by Property Owner shall be eligible for acquisition by EVMWD and the costs thereof shall be eligible for: reimbursement out of Bond Proceeds pursuant to this Agreement. AGENDA ITEM p OF Z Q E. In conjunction with the recording of the final subdivision map(s) for the Project, (� the issuance of building permits for the construction of homes within the Project and/or receipt of water meters for such homes, it may be necessary for Property Owner, or its successors or assigns, to provide a security deposit for EVMWD Charges to EVMWD (the "Deposits ") before any Bond Proceeds are available to pay for EVMWD Charges. In such case, Property Owner shall be entitled to (i) reimbursement of such Deposits and (ii) credit for payments made to EVMWD from Bond Proceeds for EVMWD Charges which would otherwise be due to EVMWD in conjunction with the Project, all as further described herein. F. The Project will also require certain public improvements to be owned, operated or maintained by the City, or to which the City contributes revenue (the "City Improvements ") which will also be eligible for financing through the CFD. G. Pursuant to the request of the Property Owner, the City Council of the City intends to form the CFD pursuant to the Act (defined below) to provide financing of the EVMWD Charges, Acquisition Facilities and City Improvements through the levy of special taxes and issuance of bonds of the CFD. , H. City and EVMWD are authorized by Section 53313.5 of the Act to pay for or finance, by means "of the. CFD, the EVMWD Charges, Acquisition Facilities and City Improvements. This Agreement constitutes a "joint community facilities agreement" within the meaning of Section 53316.2 of the Act by and among EVMWD, the City and Property.Owner, pursuant to which the CFD, when formed, will be authorized to finance the City Improvements; and EVMWD Charges and to finance the construction and acquisition of Acquisition Facilities. As provided by Section 53316.6 of the Act, responsibility for providing and operating the �. Acquisition Facilities is delegated to EVMWD to the extent set forth herein and responsibility for constructing, providing and operating the City Improvements is delegated to the City. I. The provision of the City Improvements, Acquisition Facilities and EVMWD Charges is necessitated by the Project, and the parties hereto find and determine that the residents of the City and EVMWD will be benefited by the payment of EVMWD Charges and construction and acquisition of the Acquisition Facilities and the City Improvements and that this Agreement is beneficial to the interests of such residents. ARTICLE I GENERAL PROVISIONS Section 1.1 1 Recitals. The above recitals are true and correct and are hereby incorporated by this reference. Section d.2 . Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all.purposes of this Agreement, have the meanings herein specified.. (a) "Act' means the Mello -Roos Community Facilities Act of 1982, as amended, commencing with California Government Code Section 53311, el seg. AGENDA ITEtfi fSG. PAiGE�OF r Q.6) (b) . - ";Acquisition,Facility or Facilities', means those sewer and water facilities listed' on Exhibit "B" hereto„ which are eligible to, be constructed by, the Property. Owner, acquired-by EVMWD and paid for with Bond Proceeds. „ (c) "Acquisition Price" means the amount to be paid out of Bond Proceeds,for an Acquisition Facility. (d) "Actual Costs with respect to an Acquisition Facility includes:. (i) the actual hard construction costs including labor, materials and equipment costs, (ii) the costs incurred in- design, engineering and preparation of plans (iii) the fees paid to consultants and government agencies in connection with and for obtaining permits, licenses or other required governmental approvals, (iv) a construction management fee of 5% of the costs described in clause (i) above, ' (v) professional costs such. as engineering, legal, accounting, inspection construction staking, materials testing and similar professional services, (vi) costs of payment, performance of- maintenance bonds; and insurance costs (including the costs of any title insurance)`and (vii) the value of any real- property or interests therein that (1) are required for the ' construction or operation of the Acquisition Facility such as pump station and reservoir sites, temporary construction easements, haul roads, etc. and (2) are required to tie conveyed with such Ac quisition'Facility in'an amounf;equal to the fair market value of such real property or interests therein: (e) "Agreement' ''' means this Joint Community Facilities Agreement. (f) "Bond Proceeds" `or "Proceeds of the- Bonds" shall mean those net funds` f generated by the sale of the Bonds. {g) ; :- "Bond'Resolution" means that, Resolution, Resolution Supplement, Fiscal Agent Agreement, Indenture of Trust or other equivalent document(s) providing for the issuance" of the Bonds. l (h) "Bonds" shall mean: those ; bonds, or other securities, issued by, or on behalf of the CID, as authorized by the qualified electors within the CID. (i) "CID" means Community Facilities' District "No. 20054 ` (Lakeview Villas) of the City of Lake Elsinore. (j) "Deposits" means a deposit of EVMWD Charges made by the Property Owner prior to the disbursement,of Bond Proceeds to EVMWD for7EVMWD Charges.. (k) . "Engineer" means the engineering firm or in -house personnel used by EVMWD to determine the value of an Acquisition Facility�to be acquiredmith Bond Proceeds. (1) " EVMWD Charges" means water connection fees, sewer connection fees, annexation fees, sewer treatment capacity charges and all components thereof of EVMWD imposed upon the Project to pay for the provision of water and sewer services to and the construction of EVMWD water and sewer facilities required to serve the Project. n 3: PAGE., J? 17 �a // (m) " EVMWD Facilities Fund" means the fund, account or sub - account of the CFD (regardless of its designation within the Bond Resolution) into which a portion of the Bond Proceeds may be deposited in accordance with the Bond Resolution anffunding Agreement to finance the construction and acquisition of the Acquisition Facilities and to pay EVMWD Charges. . i i (n) " EVMWD Representative" means the EVMWD Chief Engineer or his i designee. (o) "Facilities" means the City Improvements, Acquisition Facilities and EVMWD Charges. (p) "Field Engineer" shall have the meaning ascribed to the term in Section 3. (q) "Funding .Agreement" shall mean the Funding, Construction and Acquisition Agreement between City and Property Owner relating to the CFD, as_it may, be ' amended from time to time. (r) "Party" or "Parties" shall mean any one or all of the parties to this Agreement, including the CFD which, upon its formation, shall be considered to be a party to this Agreement and bound by its provisions. (s) "Plans and Specifications" shall mean the plans and specifications for the design and construction of an Acquisition Facility as approved by EVMWD,.which approval shall not be unreasonably withheld. .(t) "Rate and Method" means the Rate and Method of Apportionment of the Special Tax for the C1713-authorizing the levy and collection of special taxes pursuant to proceedings undertaken for the formation of the CFD pursuant to the Act. (u) "State" means the State of California. (v) "Special Taxes" means the special taxes authorized to be levied and collected within the CFD pursuant to the Rate and Method. (w) "Substantially Complete" or "Substantial Completion" with respect to an Acquisition Facility means that such Acquisition Facility is substantially complete in accordance with its Plans and Specifications and is available for use,by the public for its intended purpose, notwithstanding any final "punch list" items still required to be completed, unless such items are required for the safe operation of such Acquisition Facility, and shall be based upon approval of EVMWD's inspectors, which shall not be unreasonably withheld ARTICLE II .: FORMATION OF CFD AND ISSUANCE OF BONDS Section 2.1 Proposed Formation of the CFD The City, pursuant to the written request of the Property Owner, has initiated} proceedings pursuant to the Act for the formation of the CFD, the authorization of the Special Taxes and the authorization of Bonds.on behalf of the CFD. Nothing contained herein shall be. deemed to limit the discretion of the City in that regard and the City, shall have no liability.to,EVMWD if the CFD is,not formed or if the Special Taxes and_ Bonds are not authorized by, the qualified electors within the CFD. Section 24 Issuance and Sale of Bonds. In the event the CFD is formed and the Special Taxes and Bonds are authorized,, the City Council of the City, acting as the legislative, body of the CFD, may, in accordance with its adopted policies and the Funding Agreement, adopt the Bond Resolution.aind issue the Bonds to finance the Facilities.,. Section 2.3 ' Bond Proceeds. Upon the issuance and sale of each series of Bonds; and receipt of the Bond Proceeds, the, City and Property Owner shall determine the amount of the Bond Proceeds allocable to finance construction and acquisition of' Acquisition Facilities and to pay EVMWD Charges in accordance with the Funding Agreement, and shall deposit. such amount in,,the EVMWD Facilities Fund. In conjunction with the; recording of the final subdivision maps, for the'Property, the issuance of building permits for the construction of homes within the Property and/or receipt of water meters for such homes, it may be necessary for Properly Owner, or its successors. or assigns, to make Deposits before Bonds are issued.or Bond Proceeds are disbursed to EVMWD. Upon and following the issuance and sale of the Bonds, Property Owner may execute and submit a payment request to the CFD in the format and meeting the requirements asset forth in the, Funding Agreement requesting disbursement of an amount equal; to, all .Deposits from the_ EVMWD Facilities Fund. Within thirty (30). days after EVMWD's receipt of funds pursuant to such disbursement request, EVMWD shall return the Deposits to Property Owner and credit Property Owner for EVMWD Charges in an amount equal to such disbursement... In the event Bond Proceeds are not disbursed to EVMWD within twelve, (12) months after the date of any Deposit, such Deposit may at the written direction of EVMWD be -applied to .pay EVMWD Charges and not reflected as -a Deposit on the accounts of EVMWD; From time to time. following the issuance and sale of the. Bonds, Property Owner shall authorize EVMWD in.writing to, request ; disbursement from the EVMWD Facilities Fund to.; fund EVMWD Charges. Upon such notice and EVMWD's .receipt ,of such, disbursement„ • Property Owner shall be deemed to have satisfied the applicable EVMWD Charges with respect to the number of dwelling units or lots for. which the EVMWD,Charges would otherwise have been required in an amount, equalto such disbursement. P OF /1 (P Section 2.4 Responsibility for EVMWD Charges and Acquisition Facilities. .4/ (a) The Parties hereto acknowledge and agree that the final responsibility for the payment of the EVMWD Charges and the design, construction and dedication of Acquisition Facilities to be constructed by Property Owner lies with the Property Owner. (b) If the amounts derived from Bond Proceeds deposited in the EVMWD Facilities. Fund, including investment earnings thereon, if any, are not sufficient to fund the total cost of the EVMWD Charges and Acquisition Facilities to be constructed by Property Owner, the parties hereto agree that all responsibility and liability for the amount of such shortfall shall be and remain with the Property Owner and shall not lie with the City, CFD or EVMWD. (c) In addition to financing the EVMWD Charges described above, the Parties acknowledge that EVMWD may require the Property Owner, pursuant to the EVMWD Rules and Regulations, to design, construct and dedicate to EVMWD Acquisition Facilities as a condition to providing water and sewer service to the Property. The Parties also agree and acknowledge that all responsibility and obligation for the design, construction and dedication of such Acquisition Facilities to EVMWD, in accordance with all applicable statutes and the EVMWD Rules and Regulations, shall be and remain the responsibility of the Property Owner. (d) EVMWD agrees to utilize or apply funds provided to it by the CFD, in accordance with the Act and other applicable law, and as set forth herein, for the EVMWD Charges and Acquisition Facilities to be constructed by Property Owner. (e) 'Property Owner shall indemnify, defend, and hold harmless, the City, CFD, and EVMWD, their respective officers, employees and agents, and each and every one of them from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected .or put, caused 'by Property Owner's design, engineering, construction, and transfer of ownership to EVMWD of the Acquisition Facilities. (f) EVMWD shall indemnify,, defend; and hold harmless, the City, CFD and Property Owner, their respective officers, employees and agents, and each and every one of them from and against all actions, damages, claims, losses or expenses of every type and'description to which'they may be subjected or put,�caused by "EVMWD's design, engineering, construction, and acquisition of facilities "constructed with -the proceeds of the EVMWD Charges. Section 2.5 Responsibility for Debt Service or SDecial Taxes. , EVMWD shall have no obligation, responsibility,' or authority with respect to the issuance and sale of the Bonds, the Bond Proceeds available to finance the construction and acquisition of the Acquisition Facilities and to pay EVMWD Charges, the payment of the principal and interest on "the Bonds, or for the levy of the Special'Taxes'to provide for the payment+ of principal and interest thereon: The "CFD shall have the -sole authority and responsibility for all such matters. The Parties hereto specifically agree that the liabilities of the CFD, including liabilities, if any, of the CFD pursuant to the documents providing for the issuance of Bonds, including the Bond Resolution, shall not be or become liabilities of EVMWD. 6 AGENDA i,�;. PAGE �/eL_OF // f Section 2.6 Administration of the CID. , The City shall have the power and .duty, to provide for the administration of the CFD once it is formed, subject to the terms hereof and theTunding Agreement, including employing and compensating all consultants and providing for the various, other administration duties set forth in this Agreement. It is understood and, agreed, by, Parties,hereto, that EVMWD will not be considered a participant in the proceedings relative to formation of the CFD or the issuance of the Bonds, other than as a Party to this Agreement. ARTICLE III CONSTRUCTION AND ACQUISITION OF ACQUISITION FACILITIES Section 1I Construction of Acquisition Facilities by Property Owner. The following provisions of this Article III shall apply solely with respect to those Acquisition Facilities to be constructed by the Property Owner and acquired by EVMWD with Bond Proceeds: (a) ' The Property Owner will complete the Plans and Specifications for such Acquisition Facilities. The Plans and Specifications shall include EVMWD's standard specifications and shall be subject to.EVMWD approval, which shall not be unreasonably withheld. EVMWD agrees to,process any Plans: and Specifications for approval with reasonable diligence and in a timely manner. The Property Owner may proceed with the /-� construction of any such Acquisition Facilities in accordance with the provisions of Section . 3.2 hereof. .A qualified. engineering firm .(the, "Field Engineer "),shall be employed by Properly Owner to provide all field, engineering surveys determined to be necessary..by the EVMWD inspection personnel, :The Field Engineer shall promptly famish to EVMWD a complete set of,grade sheets listing all ,locations, offsets, etc., in accordance.wi.th good engineering practices, and attendant data and reports resulting from the Field Engineer's engineering surveys and/or proposed facility design changes. EVMWD shall have the right, but not the obligation, to review, evaluate and analyze whether such results comply with applicable specifications. (b) A full -time soils testing firm, approved by EVMWD, shall be employed by Property Owner to conduct soil compaction. testing and certification.,- Property Owner shall promptly furnish results of all such compaction testing to EVMWD. for its review, evaluation and decision as to compliance with applicable specifications. ,In the,event.the compaction is not in accordance or compliance with applicable specifications, Property Owner shall be fully liable and responsible therefore..Afinal report shall be required fully certifying trench compaction efforts prior to acceptance of each ofthe Acquisition Facilities. (c) The cost of all surveying, compaction testing and report costs associated with such Acquisition, Facilities furnished, and constructed by, any contractors or sub - coniractors (collectively, "Contractors ") shall, be paid for by the Property .Owner and the costs of such work shall be eligible to be reimbursed from the EVMWD Facilities Fund. 7 au ttit;eWur�i,. - wOF /� (d) EVMWD shall not be - responsible for conducting any environmental, archaeological, biological, or cultural studies or any mitigation requirements related to the Acquisition Facilities'to be constructed by'Property Owner that may be' requested by appropriate Federal, State, -and/or local agencies.' Any such work shall be paid for and such work shall be conducted by,'or on behalf of Property Owner and the costs of such work shall be eligible to be reimbursed from the EVMWD Facilities Fund. Section 3.2 Public Works Reuuirements. In order to insure that the Acquisition Facilities to be constructed by the Property Owner, completed after formation of the CFD.and acquired with Bond Proceeds will be'constructed as if they had been constructed under the direction and supervision, or under the authority of, EVMWD, so that they may be acquired by EVMWD pursuant to Government Code Section 53313.5, the Property Owner shall comply, with all of the following requirements: (a) The Property Owner 'shall . obtain bids for the' construction' of such Acquisition Facilities in conformance with the standard procedures and requirements of EVMWD with respect to its public works projects or in a manner which is approved by the EVMWD Representative. (b) The contract or contracts for the construction of such Acquisition Facilities shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of such Acquisition Facilities. (c) The 'Property Owner shall require, 'and the' specifications and bid and contract documents shall require all such Contractors to pay prevailing wages and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects and as required by the procedures and standards of EVMWD with respect to the construction of its public works projects. (d) Said Contractors shall-be required to furnish labor arid' material payment bonds and contract performance bonds in an amount equal t6"100 percent of the contract price naming the Property Owner and EVMWD as obligees and issued by insurance or surety companies approved by the EVMWD Representative. All such bonds shall be in a form approved by the EVMWD Representative. Rather than requiring its Contractors to 'provide such bonds,'the Property Owner may elect to provide the same for the benefit of its Contractors. (e) z 'All such Contractors shall be required to' provide proof of insurance " `coverage throughoufthe term of the construction of such Acquisition Facilities which they will construct in conformance with EVMWD's standard procedures and requirements. (f) The Property Owner and all 'such'Contr actors shall comply with such other requirements relating io the. construction 'of such Acquisition Facilities which EVMWD may impose by written notification delivered'to the Property Owner and each such Contractor at any time either prior to the receipt of bids by the Property Owner' for the construction of such Acquisition Facilities or, to the extent required as a result of changes in applicable S , __ 14DA ITEM NO. PAGE �/� OFD (.i) ( laws, during the progress of construction thereof. In, accordance with this Section 3.2, the Property Owner shall be deemed the awarding body and shall be solely responsible for compliance and enforcement of the, provisions of the Labor Code, Government Code, and Public Contract Code of the State of California. The Property.Owner shall provide proof to EVMWD, at such intervals and in such form as the EVMWD Representative.may require; that the for requirements have been sati sfied as to all of the Acquisition Facilities constructed by Property Owner, acquired by EVMWD an d paid for with Bond Proceeds. Section 3.3' Inspection: Corrroletion of Construction. ; EVMWD shall have primary responsibility for providing inspection of the construction of the Aciuisition Facilities constructed by the Property Owner to insure that the construction is . accomplished in accordance with the Plans and Specifications. EVMWD's personnel shall have access to: the site of the `work at all reasonable times for the purpose of accomplishing such inspection.' Upon Substantial Completion of the construction of such Acguisition Facilities by Property Owner, the Property Owner shall notify the EVMWD Representative m' writing that the construction of such Acquisition Facilities has been Substanti ally Completed , Upon receiving such written'notification from the Property Owner, and upon receipt of written notification from its inspectors that construction of any of.the Acquisition Facilities by Property has been Substantially Completed, EVMWD; shall in a timely manner notify the Property Owner in writing that the constnictioh of such Acquisiti on•Facilities has been satisfactorily completed. Upon receiving such, notification; the Property Owner shall forthwith file with the County Recorder of the County of Riverside a Notice of Completion pursuant to the provisions of Section 3093 of the Civil Code. The Property Owner shall frunish to the EVMWD Representative a duplicate copy of each such' Notice of Completi on. showing thereon the date of filing with the County 'Recorder- Any actual costs reasonably inowied by EVMWD in inspecting and approving the construction of any Acquisition Facilities by Property Owner not previously paid by the Property Owner shall be eligible to be reimbursed from the EVMWD Facilities Fund or paid directly by Property Owner Section 3.4' `' Liens. Upon the expiration of the time for the recording of claim of liens as prescribed by Sections 3115 and 3116 of the Civil Code, the Property Owner shall provide to the EVMWD Representative such evidence or proof as EVMWD shall require that all persons, firms and corporations supplying work, 'labor, materials, supplies and equipment on behalf of Property Owner for the construction of. any Acquisition Facilities have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. 'Rather than await the expiration'of the said time for the recording of claims of liens, the Property Owner may elect to provide to EVMWD a title insurance policy or other security acceptable to the EVMWD Representative guaranteeing that no such claims of liens will be recorded or become a lien upon the Property with priority over the lien of the special taxes to be levied thereon in the proceedings for the formation of the CFD. 9, A txSlut NO. PACE�CF Section 3.5 Acauisition., Acquisition Price: Source of Funds. Provided the Property Owner has complied with the requirements of this Agreement, EVMWD agrees to acquire the Acquisition Facilities from the Property Owner' The price to be paid by the CFD for the acquisition of such Acquisition Facilities by EVMWD (the "Acquisition Price") shall be the lesser of (i) the value of the Acquisition Facilities or (ii) the total'of the Actual Costs of the Acquisition Facilities. The Property Owner shall transfer ownership of the Acquisition Facilities to EVMWD by grant deed, bill of sale or such other documentation as the EVMWD Representative may require. Upon the transfer of ownership of the Acquisition Facilities or any portion thereof from the Property Owner to EVMWD, EVMWD shall be responsible for the maintenance of the Acquisition Facilities or the portion transferred For purposes of determining the Acquisition Price to be paid by the CFD for the acquisition of the Acquisition Facilities by EVMWD, the value of such improvements shall be the amount determined by the engineering firm retained by EVMWD for such purpose (the "Engineer"), to be the value of the Acquisition Facilities based on the Actual Costs submitted by the Property Owner, as hereinbefore specified; provided, however, that if the Engineer determines that such Actual Costs, or any of them, are excessive and that the value of the Acquisition Facilities is less than the total amount of such Actual Costs, the Acquisition Price to be paid by the CFO for the acquisition of the Acquisition Facilities shall be the value thereof as determined by the Engineer. Upon completion of the construction of any Acquisition Facilities by Property Owner, the Property Owner shall deliver to EVMWD copies of the contract(s) with the Contractor(s) who have, constructed the Acquisition Facilities or other relevant documentation with regard to the payments (� made to such Contractor(s) for the construction of such Acquisition Facilities, and shall also provide . to EVMWD copies of all invoices and purchase orders with respect to all supplies and materials purchased for the construction of such Acquisition Facilities. EVMWD shall require the Engineer, to complete its determination of the value of the Acquisition Facilities as promptly as is reasonably possible. The Acquisition Price of any Acquisition Facilities may be determined and paid out of the EVMWD Facilities Fund prior to transfer of ownership of the Acquisition Facilities to EVMWD upon a determination of Substantial Completion of such Acquisition Facility. Property Owner shall submit a payment request form to the CFD in the format and with the information required by the Funding Agreement, which ,must also contain. therewith approval of EVMWD, which approval shall not be unreasonably withheld. I - Some of the Acquisition Facilities anticipated to be constructed are included in EVMWD Charges. Property Owner shall be entitled to full credit against all applicable EVMWD Charge(s) based upon Property Owner's construction of such Acquisition Facilities whether or not the Acquisition Price of such Acquisition Facilities is funded out of the EVMWD Facilities Fund. Notwithstanding the preceding provisions of this section, the sole source of fiords for the acquisition by EVMWD of the Acquisition Facilities or any portion thereof shall be the Bond Proceeds made available by the CFD pursuant to Section 2.3 above and the City reserves the right to 10 AGENDA ITEM NO.� PAGE X11 OF // �P N W l make an independent and final determination of the Acquisition Price of each Acquisition Facility in accordance with the Funding Agreement. If for any reason beyond EVMWD's control, the proceedings for the formation,of the CID are not completed or the Bonds are not sold, EVMWD shall not be required to acquire any Acquisition Facilities from the Property Owner. In such event; the Property Owner shall complete the design and construction and offer to EVMWD ownership of such portions of Acquisition Facilities as are required to be constructed by the Property Owner as a condition to recordation of subdivision maps for "the Property or any other agreement between Property Owner and EVMWD, but need not construct any portion, of the Acquisition Facilities which it is not so required to construct. Section 3.6 Easements. The Property Owner'shall, at the time EVMWD acquires the Acquisition Facilities as provided in Section 3.2 hereof, grant to EVMWD, by appropriate instruments prescribed by EVMWD, all easements on private property or fee title to private property which may be reasonably necessary for the proper operation and maintenance of such Acquisition Facilities; or any part thereof. Section 3.7 Maintenance. Prior to, the transfer of ownership of an Acquisition Facility by the Property Owner to EVMWD, as provided in Section 3.5 hereof, the Property Owner shall be responsible for the maintenance thereof and shall maintain and transfer such Acquisition Facility to EVMWD in as good condition as the Acquisition Facility was in.at_the.time the:Property Owner notified the EVMWD Representative that construction of same had been completed in accordance with the Plans and Specifications: The Parties agree that" the construction and acquisition of the Acquisition Facilities to be constructed by Property Owner is a matter between Property Owner and EVMWD only, and that the City and the 'CFD shall have no responsibility for on -site inspection or monitoring or for certifying that the provisions of Article III of this Agreement be satisfied. Property Owner or Contractor shall provide a bond to guarantee the repair of (i) any damage to the Acquisition Facility caused as a result of such parfy's actions prior to or after acceptance by EVMWD and (ii) any defect in the Acquisition Facility, for one (1) year after the acceptance by EVMWD. ARTICLE IV. TERM AND TERMINATION Section4.1 Effective Date., This Agreement shall become effective and of full force and effect as of the date set forth in the first paragraph of this Agreement ("Effective Date') "provided it is approved by the Property Owner, the City Council of the City and governing board of EVMWD, to be confirmed by the execution hereof by, the authorized representatives of the Parties hereto. ' 11' AGENDA 17EM NG. POP /1 .y Section 4.2 Termination.' �! If the CFD is unable to complete the sale of the first series of Bonds prior to July 1, 2010; this Agreement shall, thereafter automatically terminate and be of no further force or effect,. unless extended by mutual agreement of the Parties. I I ARTICLE V ADDITIONAL GENERAL PROVISIONS Section 5.1 Recordkeeying, Inspection of Records. EVMWD hereby agrees to keep and maintain full and accurate records of all amounts, and investment earnings, if any, paid to EVMWD for the EVMWD Charges and the City hereby agrees to keep and maintain frill and accurate records of all amounts, and investment earnings, if any, expended from the EVMWD Facilities Fund.. Each Party further. agrees to make such records, available to any other Party hereto, including Property Owner, during normal business, hours upon reasonable prior notice. All such records shall be, kept and maintained by the appropriate Party as provided by applicable law and their respective policies. Each of EVMWD and Property Owner agree that they will cooperate with the ,CID and the City in, providing documentation, reports or other data reasonably required and requested by the City or the CFD in meeting the reporting requirements of the CFD under California Senate Bill (SB) No. 165, Chapter 535 of the Statutes of 2000. Section 5.2 Disclosure of Special Tax: Calculation of Special Tax Requirement. (a) Delivery of Notice. From and after the date of this Agreement, Property Owner and its successors and assigns shall give a "Notice of Special Tax" (as defined in Section 5.2(b) below) to each prospective purchaser of a parcel in the CFD and shall deliver a fully executed copy of each notice to EVMWD. Property Owner and its successor and assigns shall (i)•, maintain records of each Notice of Special Tax for a period of five (5) years, and (ii) shall provide copies of each notice to EVMWD promptly following the close of escrow for the sale, of each parcel for which such notice was given. Property Owner and its successors and assigns shall include the Notice of Special Tax in all•Property Owner's and its successors and assigns'. applications for Final Subdivision Reports required by the Department of Real Estate ( "DRE ") which are filed after the effective date of this Agreement. Property Owner and its successors and assigns shall require, as a condition precedent to close an escrow for the sale of real property to a developer acquiring lots (a "Residential Developer ") that such Residential Developer shall (i) maintain records of each Notice of Special Tax for a period of five (5) years, (ii) provide copies of each notice to EVMWD promptly following the close of escrow for the sale of each parcel for which such notice was given, and (iii) include the Notice of Special Tax in all of such Residential Developer's applications for Final Subdivision Reports required by DRE. (b) Notice of Special Tax. With respect to any parcel, the term "Notice of Special - Tax" means a notice in the form prescribed by California Government Code Section 53341.5 which is calculated to. disclose to the purchaser thereof (i) that the property being purchased is subject to the special tax of the CFD, (ii) the land use classification of such property; (iii) the 12 l c AGENDA ITEM N0. pAGE y Ok /J to maximum annual amount of the special tax and the number of years for which it will be levied; (iv) if available at the time such notice is delivered, an indication of the amount of special tax to be levied on such property for the following fiscal year; and (v) the types of facilities or services to be paid for or with the proceeds of the special tax. (c) Notice to Subsequent Purchasers. Upon formation of the CFD it is expected that the City will file with the Riverside County Recorder a notice of special tax lien that gives notice of the existence of the CFD. and the levy of the special tax on property within the CFD for the benefit of subsequent property owners, pursuant to requirements of Section 3114.5 of the Streets and Highways Code. (d) Information Sheet and Sample Property Tax Bill. Property Owner and its successors and assigns shall provide each purchaser of property with a sample property tax bill in a form approved by EVMWD: Property Owner and its successors and assigns shall provide prospective purchasers of homes an information sheet in the sales office in the form set forth in Exhibit C attached hereto_,and incorporated herein by this reference. - Section 5.3 Partial Invalidity. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 5.4 Successors and Assigns. Property Owner may assign its rights pursuant to this Agreement to a purchaser of the Property, or any portion thereof, who shall be the owner of any Acquisition Facilities or payer of any EVMWD Charges or Deposits and to whom Property Owner shall assign the right to receive payment of the Acquisition Price for such Acquisition Facilities or other rights under this Agreement with respect to EVMWD Charges. Such a purchaser,and assignee shall enter into an assignment agreement with EVMWD and the City, in a form acceptable' to EVMWD and the City, whereby such purchaser agrees, except as may be otherwise specifically provided therein, to assume the obligations ofProperty Owner pursuant to this Agreemert and to be bound thereby and whereby Property Owner shall be released from such obligations. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto. Section 5.5 Notice. Any notice, payment or instrument' required or permitted by this Agreement to be given or delivered to any Party or other person shall be deemed to have been received when personally delivered or three (3) business days after deposit of the same in the United States Post Office registered or certified, postage prepaid, or by overnight delivery addressed as follows: 13 - 40413A ITEM NO. .y City: City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Attention: City Manager' EVMWD: Elsinore Valley Municipal Water District 31315 Chaney Street Lake Elsinore, CA 92530 Attention: General Manager Property Owner: • Elsinore Lakeview Villas, LLC 37541 Windsor Court Murrieta, CA 92562 Attention: Scott Woodward Each Party can change its address for delivery of notice by delivering written notice of such change or address to the other parties within ten (10) calendar days prior to such change. Section 5.6 -Captions. The captions to Sections used herein are for convenience purposes only and are not part of this Agreement. Section 5.7 Governine Law. - This Agreement shall be governed by, and construed in accordance with, the laws of the State of California applicable to contracts made and performed in such State. Section 5.8. . Entire Aereement. . This, Agreement contains,.the entire agreement between the Parties.with respect to the matters provided for herein.and supersedes all prior. agreements and, negotiations:between.the+ Parties with respect to the subject matter of this Agreement: Section 5.9 Amendments. ,This Agreement,may be amended or modified only in writing executed by the authorized representative(s) of each of the Parties hereto.., Section 5.10 Waiver. The failure of any Party hereto to insist on compliance within any of the terms, covenants or conditions of this Agreement by any other Party hereto, shall not be deemed a waiver of such terms, covenants or conditions of this Agreement by such other Party, nor shall any waiver constitute a relinquishment of any other right or power for all or any other times. 14" AGENDA ITEM N0. PAGE 50 OF f Section 5.11 Cooperation and Execution of Documents. The Parties hereto agree to complete and execute any further or additional documents which may be necessary to complete or further the terms of this Agreement. Section 5.12 Attorneys' Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorneys' fees. Section 5.13 Exhibits. The following exhibits attached hereto are incorporated into this Agreement by reference. Exhibit Description CFD Boundary Map "B" Acquisition Facilites Description Form of Homebuyer CFD Information Sheet Section 5.14 Signatories. The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the Party for whom they sign. Section 5.15 Execution in Counterparts. This Agreement may be executed'in' counterparts, each of which shall be deemed an original. [Remainder of this page is blank] 15 '�, D / AGENDA ITEM N0. P- l/ PAGE, OF / /(o ti IN WITNESS WHEREOF, the parties hereto -have executed this Joint Community Facilities Agreement as of the day and year written alongside their signature below. CITY OF LAKE ELSINORE Date: BY Its: City Manager APPROVED AS TO FORM VAN BLARCOM, LEIBOLD, MCCLENDON & MANN, P.C. By: Barbara Leibold Date: ATTEST: By: City Clerk ELSINORE VALLEY MUNICIPAL WATER DISTRICT By: General Manager of the Elsinore Valley _ Municipal Water District ELSINORE LAKEVIEW VILLAS, LLC, a California limited liability company By: Scott Woodward Member 16 O'\ AGENDA ITEM N0. pAGES.t- OF >!( ti PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2005 -4 OF THE CITY OF LAKE ELSINORE (LAKEMEW VILLAS) COUNTY OF .RIVERSIDE, STATE OF CALIFORNIA r-- - - - - -� I I I I I I I SEE DETAIL "A" I I I I I I L _ A.P34 - X63_2 0X06 - 363-210-007 363 -21 mu 383 - 210 -Ott 3 22014 SEE DETAIL "B" 3�8�1T- _i�6ma`s5 - - - - - - - - - - 32250 -M 36} 363-250-006 363- 250 -007 I I x03—s o-� 363 - 250-016 I I 30-250-m I I I 363 250 0 2 i \\///1 su1c: 1' -100' I I I I I ! I I I I I I I I I PROJECT I I SITE I I RAILROAD I I f2\, CANYON ROAD I SJ nm x we tma w m mr anM w 1K an w lMa Osxar.nAS �Ar a QT` w TIC OTTua 1 xmmT w6m our nc xrtw MAP sloxrc nr T 6OemAaeS a wE tm w 1 a91ae[ - c W /AdTwS x T M0. R91alF', Cpxn w 611QIDF. VArE OF r ORNA MAS APP1wNn By M OZ M tm awn w rr[ afr w wa asrcME AT A eca Y o tun saeolAm M¢mle n6w, w Mr w _ mug sr 1TS Ar3b11/11O/ 111 aTr aWt or wE OTT w IAME NOMtt YAP xo s0A10 IMB _ 61Y w m06 Ai M MOM w 01a00(�Y, x BOa(_ w MYS LEEdNQ TIT v Asmdr AIM aWwTY EAall[S pSIxCTS rAw Mw�AM0001_ At w6R4e4Mi Mn x na mTw w TxE awn ercvna x n[ awn w Annlmc suTE w d1/aMA asmcr awmMn COMn Tim s_ PROPOSED BOUNDARY MAP A6paTlw T>E OtmsOE awn ASMRSI)R6 MAPS ra A WAem w TRIM w PA IAX$ xM wumvws C oodt7 T e Uw 1IMMUl No. 2005 -e or IOe CIV of Wo &efawe HARRIS t ASSOCIATES (L kn v .) x a e . A o O MI. OM 0ti. . OM) au-aeo • rM ry1yTm ewn r w e •A� a Ms. u.s. rM. ,..rs -- 7 1 1 1 PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2005 -4 OF THE CITY OF LAKE ELSINORE (LAKEVIEW .VILLAS) COUNTY, ,OF RIVERSIDE. 'STATE OF CALIFORNIA N !P!)'SNEJe.YY' .•. -. �: ••1- 'r'.r.c R�]O.OD' MBTJVN' N eIRJ'0S' W 11.70' 4e020' . MbJTiP A�t0W.e0' V P , DETAIL "A" DETAIL "B° - HARRIS t ASSOCIATES L b"M. M1r4 SF IM wy u 37.1• IM) M- 3m •ru Iwl w•21115 PROPOSED BOUNDARY MAP CYYJRYOIV TeeDHl. Dletrlet No. 2D 4 of the My of Lake Adeon (Lake de. vm..) ItWO MM N( swot a OR 0 CC .y AGENDA ITEM No. 7 PAGE SCE OF // EXHIBIT "B" (� ACQUISITION FACILITIES DESCRIPTION The type of Acquisition Facilities eligible to be financed by the CFD under the Act are as follows: "Acquisition Facilities" means those facilities needed by EVMWD in order to provide services to the Project and also includes any of the following: EVMWD sewer and water transmission lines, sewer and water pump stations, water reservoirs, including all costs of site acquisition, planning, design, engineering, legal services, materials testing coordination, surveying, construction staking, construction, inspection and any and all appurtenant facilities relating to the foregoing. The description of Acquisition Facilities listed below in this Exhibit B is preliminary and representative of the types of facilities eligible to be financed by the CID. - Detailed scope and limits of specific projects will be determined. as appropriate, consistent with, the standards of EVMWD. The_ Acquisition Facilities shall be constructed, ,whetheror not acquired in their completed states, pursuant to the Plans and Specifications approved by EVMWD, which will not be unreasonably withheld. Estimated Cost MASTER DOMESTIC WATER FACILITIES $1,704,996 WATER TRANSMISSION MAIN, TANKS, PUMPS Engineering Design, Plan Check; Inspection, Survey, Soils Testing, Construction Management, Pavement Repair, Traffic Control, Installation Of 12" Diameter Water Transmission' Main Including Valves, Fittings And Appurtenances, In Tract From a Point Of Connection @ Grape Street, To The Proposed Twin Reservoir Tanks, also Twin 250,000 Gallon Reservation Tanks; a Water Booster Pump Station And a Pressure Reducing Station IMPACT /CONNECTION FEES $1,674,466 FEES AND IMPROVEMENTS Water Connection Fee for 3/4 Meters, Water Connection Fee for l %, Meters, Sewer ConnectionTee ESTIMATED TOTAL $3,379,462 AGENDA ITEM No. 7 PAGE SCE OF // EXHIBIT "C" FORM OF HOMEBUYER CFD INFORMATION SHEET COMMUNITY FACILITIES DISTRICT NO. 2004-3 CITY OF LAKE ELSINORE 1. ' WHAT IS COMMUNITY FACILITIES DISTRICT (CFD) NO. 2004-3? CFD No. 2004- 3'was.formed pursuant to the "Mello -Roos Community Facilities Act of 1982" to finance 2. WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT BILLED? The Property owner is responsible for paying the CFD No. 2004 -3 special tax, which will appear as a separate line item on your property tax bill along with your regular property taxes. 3. HOW MUCH WILL MY SPECIAL TAX BE? The maximum special tax applicable to your lot is the greater of the assigned special tax or backup special tax. The assigned and backup special taxes for CFD No. 2004 -3 for the 2006 -07 Fiscal Year are summarized below. It is expected that the actual special tax levied each year will be the assigned special tax and the nbackup special tax would only be levied where there has been very signifcant delinquencies or changes in the development. Classification Home Size Assigned Special Tax 1 $ /dwelling unit 2 $ /dwelling unit 3 $ /dwelling unit 4 $ /dwelling unit 4. HOW LONG WILL I HAVE TO PAY THE CID NO. 2004-3 SPECIAL TAX? The CFD No. 2004 -3 special tax will not be collected after calendar year 20 5. CAN THE SPECIAL TAXES BE PREPAID? Homeowners.have the option of prepaying their CFD No. 2004 -3 special tax anytime. For prepayment information please contact the City. 6. WHERE CAN I GET MORE INFORMATION? For more information in regards to CFD No. 2004 -3, contact the City of Lake Elsinore at AGENDA ITEM NO. Q`_A_____ PACE .S ? OF / /(o RESOLUTION NO. 2005- ( l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City") has heretofore adopted Resolution No. 2005 -64 ( "Resolution of Intention ") stating its intention to form City of Lake Elsinore Community Facilities District No. 2005 -4 (Lakeview Villas) (the "CFD ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act "); and WHEREAS, Section 53316.2 of the Act states that a community facilities ' district may finance facilities to be owned or operated by an. entity other than the agency that created the district only pursuant to a joint community facilities agreement or a joint exercise of powers agreement; and WHEREAS, certain facilities and capital fees to be financed by the CFD include those facilities and capital fees to be owned or operated by the Elsinore Valley Municipal Water District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: - SECTION 1. The City Council hereby approves the Joint Community Facilities Agreement in substantially the form presented to the City Council at this meeting. The Mayor, the City Manager and the Director of Administrative Services are hereby authorized to execute the Joint Community Facilities Agreement with such-revisions, amendments and completions as shall be approved by the officer executing the same, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. 45644524.2 AGENDA ITEM N0. PAGE ?B OF !/6 Lai PASSED, APPROVED AND ADOPTED ..this - day of 12005. AYES: COUNCILMEMBERS:,..- NOES: COUNCILMEMBERS: - ABSENT: COUNCILMEMBERS: . . ABSTAIN: COUNCILMEMBERS: y Robert E. Magee, Mayor City of Lake Elsinore ATTEST: n Fredrick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 45644524.2 AGENDA ITEM NO.� PROF l/ 6 ... Y .y STATE OF CALIFORNIA } . COUNTY OF RIVERSIDE } SS: CITY OF LAKE ELSINORE } I, FREDERICK RAY, DEPUTY CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at "a regular meeting of said Council on. the day of 2005, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: FREDERICK RAY, DEPUTY CITY CLERK CITY OF LAKE ELSINORE - (SEAL) 45644524.2 AGENDA ITEM NO. �A t PAGE w of %��O (.✓ (-.$) r 1 RESOLUTIONNO. 2005 ; RESOLUTION. OF FORMATION,OFTHE CITY COUNCIL OF, THE CITY, OF LAKE, ELSINORE . DETERMINING THE ;. VALIDITY OF PRIOR- PROCEEDINGS AND ESTABLISHING. ... CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-4 (LAKEVIEW VILLAS) WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the . "City") has heretofore, adopted Resolution No. 2005 764; . ( "Resolution of Intention.. ") stating its intention.to form City, -of Lake Elsinore Community Facilities District No. 2005,74, (Lakeview Villas) ,(the "CFD ") pursuant to. the_ Mello -Roos Y Community Facilities Act of 1982, as amended (the "Act ); and, -. WHEREAS, a copy of the Resolution of Intention is on file with.the City Clerk and incorporaied.herein by reference; and WHEREAS; pursuant `to'the Act and in accordance with applicable laws, this Council held a public hearing on the formation of the.'CFD and the incurring of bonded indebtedness with respect to the CFD, and WHEREAS, at said hearing, all persons not exempt from the Services Special Tax and the Special Tax'desiring'to:bea heard on all matters pertaining to the formation of the CFD were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the'premises; NOW,. THEREFORE, THE CITY COUNCIL', OF THE CITY,,OF LAKE ELSINORE - DOES. HEREBY RESOLVE., .DETERMINE AND ORDER AS FOLLOWS:, SECTION-1., Pursuant to Section 53325.1(b) of the Government Code,. the Council finds and determines that the, proceedings, prior hereto were valid and in conformity with the,requirements;of the Act. SECTION 2. A community facilities district to be designated "City o.f Lake Elsinore Community Facilities District No. 20054 (Lakeview Villas)" is hereby, established pursuant to;the.Act. 45644536.2 SJ AGENDA ITEM NM _ % PAGE�®F _I_ro- .y SECTION 3. The description andmap of the boundaries of the CFD on ( � file in the Clerk's office and as described in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of the CFD. The map of the proposed boundaries of the CFD has been recorded in the Office of the County Recorder of Riverside County, California (Book 63 of Maps of Assessment and Community Facilities District at page 37 and as Instrument No. 2005- 0565475). SECTION 4. Except where funds are otherwise available,, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "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 prior. to the- formation'of the CFD 'and, do not supplant services already available within the territory proposed 'to be' included' iri the t CFD, the costs 'of administering 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 real property in the CFD. The schedule of the rate and method of apportionment and manner of collection of4he Services Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Services are more fully described in the report presented to this Council anhe publicbearing.(the "Report"): The Services Special Tax is apportioned to each parcel on the foregoing basis pursuant,to Section 53325.3 of the Act. SECTION 5. 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 storm drain system irnprovements, EVMWD sewer and water facilities, and related costs including designs, inspections, professional fees, annexation fees, connection fees and acquisition costs (the "Facilities "). Such Facilities'neednot be physically located within the CFD. SECTION 6. Except where funds =are otherwise available, it is the intention of the Council to levy annually in accordance�with procedures contained / \ 45644536.2 ` AGENDA ITEM NO. ZI PAGEOP,,.,,J1S� n in the Act a special tax (the "Special Tax ") 'sufficient to pay for the costs, of financing the acquisition - and/or construction of, the Facilities, including the principal of and interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, -the establishment and replenishment of reserve funds, the remarketing`; credit enhancement and liquidity fees, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance of the bonds, including any foreclosure proceedings, architectural, engineering, inspection, 'legal, fiscal, and financial consultant fees, discount fees, interest on bonds due and payable prior to the expiration'of one year from the date of completion of facilities (but not to exceed two years), election costs and all costs of issuance of the bonds, including, but'not limited to, fees for bond counsel, disclosure counsel, financing consultants and printing costs, and all other administrative costs of the- levy and bond issue. The Special Tax will be secured by recordation of a continuing lien against 'all real property in the CFD. In the first year in which such a Special Tax is levied, the levy s1ia1T include a sum sufficient to repay to the City all amounts, if any, transferred to the CFD pursuant to Section 53314 -of the Act and interest thereon. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is.described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Special Tax is based upon the cost of 'financing the Facilities in the CFD, the demand that each parcel will place on the Facilities and the benefit. (direct and/or indirect) received by each parcel from the Facilities. The Special Tax is apportioned to each parcel : on _ the :foregoing basis_ pursuant to Section 53325.3 of the Act. In the event that a portion of the property within the CFD shall'become - for any reason exempt, wholly or partially, from the levy of the Special' Tax, the' Council shall, on behalf of the CFD, increase'the levy to the extent necessary upon the remaining property within the CFD which' is not delinquent or exempt in, order to yield the required payments, subject to the maximum tax. .Under no circumstances, however, shall the Special Tax levied against any par'cel',used for private' residential purposes be. increased as a consequence of delinquency or default by the owner of any.other parcel or parcels within the CFD by more;than 10 percent. Furthermore, the maximum special tax authorized to be levied against any parcel used for private residential purposes shall not be increased over time in excess of 2 percent per year. The Facilities are more fully, described in the Report. ,SECTION 7. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Services Special Tax and the Special Tax shall attach to all 45644536.2 AGENDA ITEM N0. PAGE,,,, J/ OF l/G .y real property in the CFD, and the lien with respect to the Special Tax shall continue in force and effect until the Special Tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law, and the lien with respect to the Services-Special Tax and. the Special Tax shall continue in. force and effect! until collection of the Services Special Tax and the Special Tax, by the CFD ceases... SECTION 8. Neither the :proposed Services • Special Tax nor the Special Tax to be levied in the CFD has.been precluded by protests by owners of one -half or, more of the. land in the, territory included, in the CFD pursuant to Government Code Section 53324. SECTION 9. f Purguan 't to . and in compliance with the provisions ' of Government Code Section 50075.1, the Council hereby establishes the following accountability measures pertaining to the levy`by the CFD of the Services Special Tax and the Special Tax: . A. Such Services Special Tax and the Special Tax shall be 'levied for the specific purposes set forth herein. :B. The proceeds of the levy of such Services Special Tax and the Special Tax shall be applied only to the, specific purposes set. forth herein.: C. The CFD shall establish an account or accounts into which the proceeds of such Services Special Tax and the Special Tax shall be deposited. D. The City Manager,. or his or here designee, acting for and on behalf of the .CFD, shall annually .file a report with the Council as required pursuant to Government Code Section 50075.3. SECTION 10. The City Manager, 130 S. 'Main Street, Lake Elsinore, California 92530, . (951) 674 -3124, or h'is designee, is designated to be responsible for preparing or causing to be prepared annually a currehfroll .of. Services Special Tax and the Special Tax levy obligations by assessor's parcel' number . and for estimating future Services Special Tax and the Special Tax levies pursuant' to 1. Section 53340.1 of the Govemment Code. - ' SECTION 11. The voting procedure with respect to the imposition of the Services Special Tax and the Special Tax, incurring bonded indebtedness and establishing an appropriations limit of' the 'CFD shall be by hand delivered or mailed ballot, election. 45644536.2 ADEN ®A rrEM No. RAM@F SECTION 12. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the incurring bonded indebtedness, the levy. of the Special Tax, and the establishment of the appropriation limit. PASSED,' APPROVED AND ADOPTED' this ' day of 2005 AYES: ' COUNCILMEMBERS:'s NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: y ABSTAIN: COUNCILMEMBERS: n Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Fredrick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 45644536.2 pAGEyOF l /lo .y STATE OF CALIFORNIA' } COUNTY OF RIVERSIDE } ' SS: CITY OF LAKE ELSINORE } " I, FREDERICK RAY, DEPUTY CITY CLERK" OF, THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a regular meeting of said Council on the day of , 2005,` and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: FREDERICK RAY, DEPUTY CITY CLERK CITY OF LAKE ELSINORE (SEAL) 456445362. PAC6 eF �� Qs) \ ` � s w __ r .y EXHIBIT A i 1 RATE AND METHOD OF APPORTIONMENT FOR �•✓ COMMUNITY FACILITIES DISTRICT NO. 2005-4 OF THE CITY OF LAKE ELSINORE (Lakeview Villas) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in the City of Lake Elsinore Community Facilities District No. 2005 -4 (Lakeview Villas) ( "CFD No. 2005 -4 "). The Special Tax shall be levied on and collected in CID No. 2005 -4 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within CFD No. 2005 -4, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel , \ Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the �rJ applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part I of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2005 -4: the costs of computing the Special Taxes and preparing the 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 for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2005 -4 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2005 -4 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2005 -4 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 -4 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2005 -4 for any other administrative purposes of CFD No. 2005 -4, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Lake Elsinore I June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) AGENDA ITEM No. PAGE 6�? OF 116 Page 1 Q.4/ "Apartment Property all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. „ "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map.of the Assessor of the County designating parcels. by Assessor's Parcel Number. ; "Assessor's Parcel Number" means_ that number assigned to an Assessor's Parcel by the County for purposes of identification. Y "Assigned Special• Tax for Facilities" means the Special Tax of that name described in Section D. below. "Backup Special Tax for Facilities" means the Special Tax of that name described in Section E below. f ' . Bonds" means any obligation to repay a sum of money, including obligations in the form ofbonds, notes, certificates of participation, long -term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals,' or long -tern contracts, or any refunding thereof, to which Special Taxes for Facilities within CFD No. 2005 -4 have been pledged. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. . `°CFD Administrator" means an official of the City, or designee thereof, responsible for (i) determining the Special Tax. Requirement for Facilities, (ii) determining the Special. Tax Requirement for Services, as defined in Section L; as', applicable, and (iii) providing for the levy and collection of the Special Taxes. "C FD No. 20054" means Community Facilities District No, 2005 -4 (Lakeview Villas) established by the City under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2005 -4, or its designee. City of Lake Elsinore `, June 29, 2005 Community Facilities District No: 2005 -4 (Lakeview Villas) AGENDA 1fEM iuiy„ PACE 4 9 OF Page 2 "County" means the County of Riverside. Developed Property means all Assessor's P " " Parcels of Taxable Property for which a building permit for new construction was issued on or before May I" preceding the Fiscal Year in which the Special Tax is being levied: .i "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section J. i ..• "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.. "Fiscal Year" means the period commencing on july l'of any year and ending the following June 30. x "Indenture" means the'indenmre, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Type" means any of the types listed in Table 1 of Section D. "Lot" means an Assessor's Parcel for which a building permit has or may be issued for the purposes of constructing a Single Family Unit. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities; determined in accordance with Section C, that can be levied by CFD No. 2005 -4 in any Fiscal Year on any Assessor's Parcel. "Non - Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Soccial'Tax for Facilities' obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is'equal for all applicable' Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special Tax for Facilities under step three of Section F, "Proportionately" in step three means that the quotient of (a) actual Special Tax for Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that Would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be City of Lake Elsinore AGENDA ITEMAO June 29, 2005 Community Facilities District No.'2005 -4 (Lakeview Villas) ' PAGE ?Q OF J16 _ Page 3 classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set. forth in. Section J as applicable. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing `one or more residential dwelling units. - "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property. "Single Family Unit" means a residential dwelling unit other than an Apartment Unit. "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2005 -4 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to be levied by CFD No. 2005 -4 pursuant to the Act to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the - Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow. :account, (iv) any amount-required to establish or replenish any reserve funds: established in association,with•the Bonds,,(v)'an amount equal to any anticipated shortfall ,due to Special Tax for. Facilities delinquencies in the priorTiscal Year, and,(vi) the /1 collection or accumulation of funds for the acquisition or construction of facilities authorized by 1 CFD N6.2005-.4 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax for Facilities on Undeveloped Property as set forth in Step Two,of Section F, less (vii) any amounts available, to pay debt service or other periodic costs. on the,Bonds .pursuant to the Indenture, "Taxable Property" means all Assessor's Parcels within CFD No 2005; 4, which are not Exempt Property. s "Trustee" means the tivstee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all'Assessor's Parcels of Taxable Property which are not Developed Property, or Provisional Undeveloped Property. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2006 -07, each Assessor's Parcel within CFD No. 2005 -4 shall be classified as Taxable Property or Exempt Property . In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Undeveloped Property City of Lake Elsinore June 29, 2005 Community Facilities District No. 2005- 4 (Lakeview Villas) E.' AGENDA 'ITEM YYU..a_:rr,.. - PAGE '7 OF Page 4 x "Y or Provisional Undeveloped Property. In addition, each-Assessor's Parcel of Developed Property shall further be classified as Residential Property or'Non- Residential: Property. - Lastly, each j Assessor's Parcel of Residential Property shall further be classified as a Single Family Property or �J Apartment Property, and each Single Family Property shall be assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building Square Footage. SECTION C MAXIMUM.SPECIAL TAX FOR FACILITIES 1. Developed Property The Maximum Special Tax for Facilities for each Assessor's Parcel of Single Family Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax for Facilities or (ii) the Backup Special Tax for Facilities. The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or Non- Residential Property shall be the applicable Assigned Special -Tax for Facilities described in Table. l of Section D. Prior to the issuance of Bonds; the Assigned Special Tax for Facilities on Developed' Property set * forth in' Table 1 maybe reduced in accordance with,' and- subject to , the' conditions set -forth , in this paragraph. _ If it is reasonably determined by the CID 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 City 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 Maximum Special Tax for Facilities on Developed Property may be reduced (by modifying Table 1) 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. In order to reduce the Maximum Special Tax for Facilities on Developed Property it may be necessary to`reduce the Maximum Special Tax for Facilities for Undeveloped Property. The reductions permitted pursuant to this paragraph shall be reflected in art amended Notice of Special Tax Lien which the City shall cause .to be, recorded by executing a certificate in substantially the form attached hereto'as Exhibit "A". 2. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for Facilities for ' each Assessor's Parcel classified as Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Special Tax for Facilities. City of Lake Elsinore Community Facilities District No. 20054 (Lakeview Villas) June 29, 2005 Page 5 mss/ (^1 SECTION D ASSIGNED SPECIAL TAX FOR FACILITIES 1: Developed Property Y n Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Property, or Non- Residential Property shall be subject to an Assigned Special Tax for Facilities., The Assigned Special Tax for- Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2006 -07 shall be determined pursuant to.Table 1 below. TABLE 1 ASSIGNED SPECIAL TAX FOR FACILITIES RATES FOR DEVELOPED PROPERTY FOR FISCAL YEAR 2006 -07 Land Use Type' "' Building S uare`Foota a e Sin le Famil Pro ert Less than 1;250 le Fami l Unit Sin le Fami] Pro e 1,250 1,750, =Raie le Famil Unit Sin le Famil Pro e , Greater than 1,750 , le Famil Unit A artment Pro ert N/A er Acre Non - Residential Pro e N/A er Acre 2. ,: ..Undeveloped Property and Provisional Undeveloped Property Each Fiscal Year, each Assessor's Parcel of Undeveloped Property and Provisional UndevelopedPropr. shall be sujecto , an Assigned Special Tax for Facilities. The Assigned Special•Tax for Facilities rate for an Assessor's Parcel classified as Undeveloped ;Property and Provisional Undeveloped Property fonFiscal Year 2006 -07 shall be $127,440 per Acre. 3. _ Increase in the Assi2need Special Tax for Facilities On each July 1, commencing July, 1, 2007, the Assigned Special Tax for Facilities rate for Developed Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION .E , BACKUP SPECIAL TAX FORTACILITIES AtIlic time a Final Map is recorded for Single Family Property, the Backup Special Tax for Facilities for'all Lots within such Final Map area shall beAetermined by dividing (a) the product of the City of Lake Elsinore - �AGENDA 11rEM Np. June 29;.2005 Community Facilities District No. 2005 -4 (Lakeview Villas) - PAI+ %) 0 // 6 Page 6 Maximum Special Tax for Facilities rate for Undeveloped Property and the total Acreage of all Lots in such Final Map area, by (b) the total number of Lots within such Final Map area. The resulting quotient shall be the Backup Special Tax for Facilities for each Lot within such Final Map area. The Backup Special Tax for Facilities shall not apply to Non - Residential Property or Apartment Property. If a Final Map includes Assessor's Parcels of Developed Property which are classified or reasonably expected to be classified as Single Family Property and Non - Residential Property or Single Family Property and Apartment Property,' then the Backup, Special Tax' for Facilities for each Lot shall be computed exclusive of the allocable portion of total Acreage attributable to Assessor's Parcels classified or reasonably expected to be classified as Non - Residential Property or Apartment Property. Notwithstanding the foregoing, if one or more Lots are subsequently changed or modified by recordation of a lot line adjustment or similar instrument; then the Backup Special Tax for Facilities for the area that has been changed or modified shall be recalculated, based on the methodology above, to equal the amount of Backup Special Tax for Facilities that would have been generated if such change did not take place. On each July 1, _commencing July 1, 2007, the Backup Special Tax for Facilities rate shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION F METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES ( ) Commencing Fiscal Year 2006 =07 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: The Special Tax for Facilities shall be; levied P'roportionately'on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax for Facilities rates iii Table 1 to satisfy the Special Tax Requirement for Facilities. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed;. the- Special Tax for Facilities shall be levied- Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Assigned Special 'tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities: Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Asssigned Special Tax for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy the Special Tax Requirement for Facilities. Step Four: If additional moneys.are needed to satisfy the Special Tax Requirement for Facilities' after the first three steps have been completed, the Special Tax for Facilities shall be City of Lake Elsinore AGENDA ITEM P10. June 29, 2005 Community Facilities District No. 2005 -4. (Lakeview Villas) PACE 12Y - oF /�' Page 7 ^ .levied Proportionately on each Assessor's: Parcel of Provisional Undeveloped I Property up to 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special -Tax Requirement for. Facilities. Notwithstanding the above; under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence ofdelinquency or default by owner of any other Assessor's Parcel within CFD No. 20054 SECTION G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: . ' "CFD Public Facilities" means $6,500,000texpressed in 2005. dollars, which shall increase by the w Construction Inflation Index on July 1, 2006, and on each July 1 thereafter; or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2005-4, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes for Facilities levied under this Rate and Method of Apportionment.. . n "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to a_ cquire or construct public facilities eligible under CFD No. 2005 -4. "Construction Inflation Index" means the annual, percentage change in the Engineering News - Record, Building Cost Index for the,city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index,ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News - Record Building Cost Index for the city of Los Angeles.. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded,by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds "means all previously'issued Bonds issued and secured by the levy of Special Taxes for Facilities.,, which will remain outstan ding after the first interest an d/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments o f Special Taxes for Facilities. The Special Tax for Facilities. obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued or is f expected to be issued, or an Assessor's Parcel ofProvisional Undeveloped Property maybe prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding City of Lake Elsinore - ; AGENDA ITEM N0. June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) PAGE7S 0F /1 '^1 �� Page 8 with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be ( l determined as.described below. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay.' Within 30 days of receipt of such notice the CFD Administrator shall notify such owner of the Prepayment Amount of 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 occumng date that notice of redemption of Bonds from the proceeds of such prepayment maybe given by the Trustee pursuant to the Indenture. The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below): plus a plus plus ' plus less less equals Bond Redemption Amount Redemption Premium' 'Future Facilities Amount Defeasance Cost Administrative Fee Reserve Fund Credit ' Canitalized Interest Credit " Prepayment Amount As of the date of prepayment, the Prepayment'Amount shall be calculated as follows: 1. For an Assessor's Parcel of Developed Property, compute the Assigned. Special Tax for Facilities and Backup 'Special Tax for Facilities, if any, applicable to the Assessor's Parcel. For an Assessor's Parcel ofUndevelope'd Property; compute the Assigned Special Tax for Facilities as though it was already designated as Deve'loped'Property based. upon the building permit issued or expected lobe issued'for thafAssessor's Parcel. For an Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Special Tax for Facilities for that'Assessor's Parcel. 2. ' For each Assessor's Parcel of Developed Propert° Undevelo ed Pro ert or Y> P P Y Provisional Undeveloped Property to be prepaid, (a) divide'ihe Assigned Special Tax.for Facilities computed pursuant to paragraph I for such Assessor's Parcel by the sum of the'estimated Assigned Special, Tax for 'Facilities applicable to all Assessor's Parcels'ofTaxable Property at buildout, as reasonably determined by the City, and (b),divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City. City of Lake Elsinore " Community Facilities District No. 2005-4 (Lakeview Villas) AGENDA ITEM No. � June 29, 2005 PAGE '76 OF )/& Page 9 `.r/ 3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by n the - Outstanding Bonds. ,The, ;product shall be, the "Bond Redemption Amount" 4. :.Multiply. the: Bond Redemption, Amount by the applicable redemption premium, if any; on the Outstanding Bonds to be redeemed with the proceeds of, the ;Bond Redemption Amount. This product is the "Redemption Premium." 5. Compute the Future Facilities Cost. 6. Multiply the larger quotient computed pursuant to.paragraph 2(a) or 2(b) by the amount determined pursuant to paragraph 5 to determine the Future - Facilities Cost to be prepaid (the "Future Facilities Amount'). 7., < , Compute the amount needed to pay interest on the Bond Redemption Amount Y to be redeemed with the proceeds of the Prepayment Amount until the earliest y redemption date for the :Outstanding Bonds. ;! 8. Determine the actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. ^ 9., Estimate the amount of interest earnings to be derived from the reinvestment- of the Bond Redemption Amount plus the Redemption Premium until the earliest redemption date for the Outstanding Bonds. 10.. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the amount computed pursuant, -to ,paragraph .:9.- This difference is: the "Defeasance Cost." 11. Estimate the: administrative fees and expenses associated ", with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the, prepayment and the redemption. This amount is, the "Administrative Fee." - - 12. Calculate the "Reserve Fund Credit" as the .lesser of: (a) the expected" reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable,, reserve funds on the .prepayment date... Notwithstanding the foregoing, if the reserve fund requirement is satisfied by „ a surety bond or other instrument at the time of the prepayment,, then no /1 ( Reserve Fund Credit ,shall . be- given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than City ofLake Elsinore AGEND e29,2005 Community Facilities District No. 2005 -4 (Lakeview Villas) / PACE' 7 7 -0 F / _ Page 10 '13. If any capitalized interest for the Outstanding Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment. This amount is the "Capitalized Interest Credit." 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit:' 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4,10,12, and 13 shall be deposited into the appropriate fund as established x under the Indenture and used to retire' Outstanding � Bonds or make debt iservice payments. The amount computed pursuant to paragraph 6 shall be a deposited into' the Construction Fund. The amount' computed pursuant to paragraph 11 shall be retained by CFD No. 2005 -4. The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of CFD No. 2005 -4 that there has been a prepayment ofthe Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes for Facilities shall cease. Notwithstanding the foregoing;.no prepayment will be allowed unless the amount of Special Tax for Facilities that maybe levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each futureTiscal Year. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities obligation of an Assessor's Parcel'of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued or is expected to -be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section •H below, maybe partially prepaid'provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time �••r/ the Special Tax for Facilities obligation would be.pre aid.. City of Lake Elsinore AGENDA ITEM NO, ' June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) ni - PWA 7 ®F_- Page II The Partial Prepayment Amount shall be calculated according to the following formula: . PP = (Po_ —A) x F +A • . The terms above have the following meanings:, . PP = the Partial Prepayment Amount. Po = the Prepayment Amount calculated according to Section G. -. -F .'.-the percent by which the owner ofthe Assessor's Parcel is partially prepaying the Special Tax for Facilities obligation. A= the Administrative Fees and Expenses calculated according to Section G. The owner of any Assessor's Parcel who desires such prepayment .shall notify the. CFD Administrator - of.su& owner's. intent 4o partially prepay- the Special Tax for-Facilities and the percentage by which the Special Tax for - Facilities 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 for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable 'Y fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G, and (ii) indicate in the records of CFD No. 2005 -4 that there has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded incompliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation, to indicate /-� the obligation of such Assessor's. Parcel to pay such prepaid portion of the Special Tax for Facilities I shall.cease. ' Notwithstanding the foregoing, no partial prepayment willbe allowed unless the,amount of Special; Tax for Facilities that may be levied on Taxable Property after- such partial prepayment, net, of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION;I TERMINATION. OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax,for Facilities shall be levied on all Assessor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities shall cease not later than the 2041 -42 Fiscal Year, however, the Special Taxes for Facilities will cease to be levied in an earlier Fiscal Year if the.CFD Administrator. has determined (i) that all required s interest and principal payments, on the CFD:No. 2005.4 Bonds have been paid; (ii) all authorized facilities of CFD No. 2005 -4 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and (iv) all other obligations of CFD No. 2005-4-have been satisfied..: , • . SECTION J . EXEMPTIONS City of Lake Elsinore AC;ENDA ITEM NU. C2LL June 29, 2005 Community Facilities District No. 2005- 4'(Lakeview Villas),. -��� % .. , . PAM OF Page 12 " i .y The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered 'for dedication, encumbered by or restricted in use by the State of California; Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places ofworship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a,homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately. 'owned and are encumbered by or restricted solely for public uses; or (vi) other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 3.5 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 3.5 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 3.5 Acres will be classified as Provisional Undeveloped.Property, and will be subject to Special Taxes' for Facilities pursuant to Step Four in Section F. , I I , , -_ , '.SECTION K MANNEROF'COLLECTION OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be collected in the same manner arid'at the same time as ordinary ( 1 ad valorem property taxes, provided, however, that CFD No. 2005 -4 may collect Annual Special' Taxes for Facilities at a different time or in a different manner if necessary to meet its financial obligations and may covenant to foreclose and-'may actually foreclose on delinquent Assessor's Parcels as permitted by ihe;Actr SECTION L SPECIAL TAX FOR SERVICES The following additional definition's apply to this Section L "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have'at least one common wall with another dwelling unit ` and a building permit has been' issued by the City for such dwelling unit on or prior to May I preceding the Fiscal Yea in which the Special Tax for Services is being levied'` "Developed Single Family Unit" means a residential dwelling unit other than' a Developed' Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May I preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by CFD No. 2005 -4 in any Fiscal Year on any Assessor's Parcel. City of Lake Elsinore Community Facilities District No. 20054 (Lakeview Villas) 0GFNDA 17EM Wu. o?' 6� FIO 4F June 29, 2005 '� Page 13 "Operating Fund" means a fund that shall be maintained for CFD No. 2005 -4 for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks; open space, and 'storm drains. "Special Tax MuServices" means any of the special taxes authorized to be levied within CFD No., 2005- 4'pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax RequirementTor Services" means the amount determined in any Fiscal Year for CFD No. 2005 -4 equal to (i)' the budgeted' costs directly related to 'the Service Area ""including maintenance, repair and replacement of certain components of the Service Area which have been , accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for'Services based on the delinquency rate in CFD No. 2005 -4 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing Fiscal Year 2005 -2006 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2005 -2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2005 -4 may collect the l Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. City f Lake Elsinore -- ry � i.ra 1.;; ,r — 4une29,2005.- Community Facilities. District No. 2005 -4 (Lakeview Villas) Page 14 SECTION M APPEALS-= Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve monthsafter having paid the first installment of the Special Tax that is disputed. The CFD Administrator shall promptly review the appeal „and if necessary, meet with the property owner, consider written and oral evidence regarding the amount,of the Special Tax, and rule on the appeal. If the CFD Administrator's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor ofthe property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel,in the subsequent Fiscal.Year(s). The City Council may interpret this Rate, and Method of Apportionment for. purposes of clarifying, any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or residents appeals. Any decision of the City. Council shall be final and binding as to all persons. City of Lake Elsinore June 29, 2005 Community Facilities District No. 20054 (Lakeview Villas) 'AGENDA ITEM Nty., PAGE 8a OF //( Page 15 n .y 1 ' W EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO. 2005 -X CERTIFICATE 1. Pursuant to Sectidw 'of the Rate and Method _of Apportionment of Special. Tax (the "RMA' ), the City of Lake Elsinore (the "City) and Community Facilities District No. 2005 - X of the City of Lake Elsinore ('CFD No. 2005-X)-hereby agree to a reduction in the Maximum Special Tax for Facilities for Developed Property [within such Improvement Area]: (a) The information in Table 1 relating to the Maximum Special Tax for Facilities for Developed Property and/or Undeveloped Property within [Improvement Area X or CFD No. 2005 -X7 shall be modified as follows: [insert Table I showing effective "change to special tax rates and /or insert change to special tax rates for Undeveloped Property] 2. Table l may only be modified prior to the issuance of Bonds. 3. Upon execution of the Certificate by the City and, CFD No. 2005 -X the. City, shall cause an amended Notice of Special Tax Lien [for the Improvement Area] to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges; on behalf of the City of Lake Elsinore and CFD No. 2005 -X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE,- By Date: CFD Administrator' COMMUNITY FACILITIES DISTRICT NO. 2005 -X OF THE CITY OF LAKE ELSINORE By: Date: CFD Administrator City of Lake Elsinore June 29, 2005 Community Facilities District No. 20054 (Lakeview Villas) AGENDA ITEM 11ti;i.se�_. PAGE f1 �QF % /tp Page 16 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE •ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED - $9,000,000 WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -4 (LAKEVIEW VILLAS) AND CALLING A SPECIAL. ELECTION WHEREAS, the City Council (the "Council" )'of the City of Lake Elsinore (the "City ") has heretofore adopted Resolution No.,2005- -(the "Resolution of Formation "), which formed the City of Lake Elsinore, Community Facilities District No. 2005 -4 (Lakeview Villas) (the "CFD "), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the ."Act"), 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 prior to the formation of the `CFD; and to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities; which the City is authorized bylaw to construct, own or operate (the "Facilities "); and WHEREAS, a copy of the Resolution of Formation.is on file with -the City. Clerk and incorporated herein by reference; and WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness in the amount not to exceed $9,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53340 et seq. of the Act on certain properties within the CFD; NOW, THEREFORE, THE CITY COUNCIL: OF THE 'CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. It is necessary to incur bonded indebtedness in the amount not to exceed $9,000,000 to finance the costs of the Facilities. 45644542.2 �..rJ AGENDA ITEM NO. pg A_Z / OF 116 SECTION 3. The indebtedness will be incurred for the purpose of financing the costs of acquiring the`Facilities, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act,. SECTION 4. The bonds shall be .issued in one or more series, at a maximum interest rate not to ,exceed 12 percent per annum or such rate not in excess of the maximum rate, permitted by law at the time the bonds are issued, and payable annually or-semiannually as determined by the Council. The term of -the bonds shall be determined pursuant to a resolution of the Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 years or such longer term as is then permittedbylaw. SECTION 5. Pursuant to and in compliance with the provisions of -Article 1.5 (commencing with Section 53410) of Chapter 3 of Part I of Division 2 of Title 5 of the Government Code, the Council' hereby establishes the following accountability measures pertaining to any bonded indebtedness . incurred by or on behalf of the City: (a) Such bonded indebtedness "shall be incurred •for the specific, n purposes set forth in Section. 3 above. (b) The proceeds of any.such,bonded indebtedness,shall be applied. only to the specific purposes identified in Section.3 above. (c) . The document or documents establishing . the` terms and conditions for the issuance,of any such bonded indebtedness shall - provide for the, creation of an account'or. accounts into :which the proceeds -of such bonded indebtedness shall be deposited. (d) The. City Manager, or. his or, her, designee, acting for and on behalf of the City, shall annually file ,a report with the Council as required by Government Code Section 53411. SECTION 6. Pursuant to Government Code Section 53326, the Council hereby determines to submit to the qualified electors of the CFD a proposition (the "Services Proposition ") to, levy, special, taxes. on property within the CFD in accordance with the, rate and method of apportionment specified in the Resolution of Formation. The form of the Services Proposition is attached. as Exhibit "A." 45644542.2 - AGENDA ITEM rlo P ®F // Co .y • SECTION 7. , Pursuant "'to Government Code Section 53353.5, the of Council-hereby determines, "to, submit to the qualified electors the ,CFD :a combined proposition, (the "Facilities Proposition ;).to: (1) levy special taxes on property within the CFD in accordance with the rate and method of apportionment of special tax specified in the Resolution of Formation; (2) incur bonded indebtedness in` the amount not to exceed $9,000;000; and (3) establish an appropriations limit as defined by subdivision (h) of Section 8 of Article XIII13 of the California Constitution, for the CFD. 'Said appropriations`limit shall equal the maximum amount of bonded indebtedness authorized to be incurred, for the CFD. The form of the Facilities Proposition' i"s attached as Exhibit `B." SECTION 8. A special election is hereby, called:,for the.CFD on the Services Proposition set forth in Section 6 above. SECTION 9. A special .election is hereby called for the CFD on the Facilities Proposition set forth in Section 7 above. ; SECTION 10. The time for notice having been waived by the qualified electors, the date of the special election for the CFD on the Services Proposition and for. the CFD on the Facilities .Proposition shall-be, on .the 23rd day of August, 2005. There being no registered voters residing within the territory of the CFD at ( l the time of the protest hearing and ninety (90) days prior thereto, there being only two, landowners in the: CFD',' and' the requirements= of Section 53326 of the Government Code having been waived by the landowners, the ballot for the special election shall be hand delivered to the landowners within the CFD. The voter ballot shall be returned to the City'Clerk at 130 S:. Main Street, Lake Elsinore, California 92530; no later than 11:00 o'clock p.m. on August 23, 2005. However, the eiection`inay'be closed within'the concurrence of the City Clerk, as soon as the ballot is returned. SECTION 11. Notice ' of said election and written argument for or against the measure have been waived by the landowners. SECTION 12. The CFD shall constitute a single election precinct for the purpose of holding said special election: SECTION 13. The Council hereby`directs that the special election be conducted by the City Clerk, as the elections official. SECTION 14. This Resolution shall take effect from and after the date of its passage and adoption. 45644542.2 AGENDA ITEM Nu Y .y PASSED, APPROVED AND ADOPTED this day of 2005. AYES: COUNCILMEMBERS' NOES: COUNCILMEMBERS:. ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Robert E., Magee, Mayor City of Lake Elsinore Fredrick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 456445421 AGENDA ITEM Nu. a` 1 _ , P L? of /j6 STATE,OF CALIFORNIA } I COUNTY OF RIVERSIDE } SS: CITY OF LAKE ELSINORE } I, FREDERICK RAY, DEPUTY CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duty adopted by the City Council of the City of Lake Elsinore at a `regular meeting of said Council on the _ day of , 2005, and that it was so adopted by the following vote: Y AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: (( ll ABSTAIN: COUNCILMEMBERS: FREDERICK RAY, DEPUTY CITY CLERK CITY OF LAKE ELSINORE r, (SEAL) 45644542.2 AGENDA ITEM Nu- -,24 PAC .Lg- -OF li G, n EXHIBIT A OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO.,20054 (LAKEVIEW VILLAS) SERVICES SPECIAL TAX'ELECTION August 23, 2005 To vote,'mark an "X" in the•voting square after the word `,`YES" or after the word "NO." All marks otherwise made are forbidden:. ~ .: This ballot is provided_ to as owner or authorized representative of such, owner of land within City of Laket-Elsinore Community Facilities'District No: 2005 -4 (Lakeview - Villas) andrepresents ` ; =­,vote(s). If you 'wrongly mark, tear, or deface -this ballot, return it 1 to the City Clerk of the City of Lake Elsinore at 130 S: Main Street,' Lake Elsinore; California 92530. PROPOSITION: Shall City:of Lake Elsinore Community Facilities District No. 2005 -4 (Lakeview Villas); subject.: - to the accountability measures provided for in the Resolution of Formation adopted on! August, 23, 2005 (the "Resolution of Formation "), be authorized, to levy special taxes pursuant to the rate and `method: of opportionment of special - taxes (the- "Special Tax Formula ") set forth in Exhibit A of the Resolution of Formation to finance the authorized services and. administrative expenses as provided for in the Resolution of Formation? -1 45644542.2 A-1 AGENDA MM NU,2A PAGE k9 OF ___&(, EXHIBIT B OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -4 (LAKEVIEW VILLAS) SPECIAL TAX ELECTION August 23; 2005 To vote, mark an. "X" in the voting ,square after the word "YES." or after the word "NO." All marks otherwise made are forbidden., : , , » This ballot is provided to , owner or authorized representative . of such � owner of land : within, City of Lake _Elsinore Community Facilities District No.. 2005-4 (Lakeview Villas), and represents i• vote(s)... If you. wrongly mark, tear; or deface this ballot, return it to the, City Clerk of the City of Lake Elsinore of 130 S. Main Street ;, Lake Elsinore, California 92530. PROPOSITION: Shall the City , of Lake. Elsinore Community Facilities District No. 2005 -4 (Lakeview Villas) (the - "CFD "), subject to' the . accountability, measures provided for in the Resolution Calling 'a Special . Election ; adopted on August 23, 2005 ( "Resolution Calling Special Election"), incur an indebtedness and be authorized to issue bonds in an amount not to exceed $9,000,000 with interest at a,rate or rates established at such time as the bonds are sold in one or more series at fixed or variable interest rates, however not to; exceed any applicable statutory rate for such bonds, the proceeds of which will be used to finance the certain public facilities (the "Facilities ") as described in the Resolution of Formation adopted on August 23, 2005 ( "Resolution of Formation "); and, subject to the accountability measures provided for in the Resolution of Formation, shall a special tax be levied to pay the principal of and interest on such indebtedness and bonds and to otherwise finance the Facilities; and shall an appropriations limit be established for the CFD pursuant to Article XIIIB of the 45644542.2 B -1 Q.0/ POF 14('g California Constitution, said appropriations limit to be equal to the maximum amount of bonded indebtedness authorized to be incurred for the CM? ... ~:1 , .y RESOLUTION NO. 2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE SPECIAL ELECTIONS HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -4 (LAKEVIEW VILLAS) WHEREAS, the City Council (the "Council') of the City of Lake Elsinore (the "City") has previously conducted proceedings pertaining to the formation of the City of Lake Elsinore Community Facilities District No. 2005 -4 (Lakeview Villas) (the "CFD "), the rate and method of apportionment for the levy and collection of special taxes (the "Services Special Tax ") to finance a portion of the cost of providing parks, open space and storm drains maintenance services, the authorization of indebtedness in the amount not to exceed $,3,000,000 within the CFD, the rate and method of apportionment for the levy and collection of special taxes (the "Special Tax ") to pay the principal and interest on bonds issued or other debt, and the establishment of an appropriations limit, and the calling of an election in regard to the foregoing; and WHEREAS, on August 23, 2005, special elections were held within the CFD relative to the rate and method of apportionment of Services Special Tax, the authorization of not to exceed $9,000,000 of indebtedness within the CFD, the rate and method of apportionment of the Special Tax, and the establishment of an appropriations limit; and WHEREAS, at such special elections the proposals for the rate and method of apportionment and manner of collection of the Services Special Tax, incurring the bonded indebtedness, the rate and method of apportionment and manner of collection of the Special Tax and establishing an appropriations limit for the CFD were approved by the requisite 2/3 of the votes cast by qualified electors of the CFD; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. It is hereby determined that the special elections conducted within the CFD were duly and validly conducted. 456445481 i AGENDA ITEM No PAGE -1 OF SECTION 2., • The Council, acting as the legislative body of the CFD, is authorized to levy the Services Special Tax on behalf of the CFD, as specified in Resolution No. 2005 - (the "Resolution of Formation ") adopted by the Council on August 23, 2005. SECTION 3. The Council, acting as the legislative body of the CFD, is authorized to levy the Special Tax on ,behalf of the "CFD, as specified in the Resolution of Formation. SECTION 4. The Council is authorized to incur indebtedness on behalf of the CFD in the maximum amount of $9,000,000.. SECTION 5. The City is authorized to establish an appropriations limit for the CFD. Y SECTION 6. - The City Clerk is hereby directed_ and authorized to record notice of the special tax of the CFD by recording a Notice of Special Tax Lien of the CFD pursuant to Section 3,117.5 of the California Streets and Highways Code. s X45644548.2 AGENDA ITEM NO. PAGE 92 OF / /l' PASSED, `- APPROVED AND ADOPTED this day of 2005. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS:' ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Fredrick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 4554454 &.z Robert E. Magee; Mayor City of Lake Elsinore ..6/ AGENDA ITEM NO._'J PAGE 9 _9F,, a ., n STATE OF CALIFORNIA } " COUNTY OF RIVERSIDE } SS: CITY OF LAKE ELSINORE } . I, FREDERICK RAY, DEPUTY, CITY CLERK OF THE CITY OF LAKE s ti ELSINORE, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City; of Lake -Elsinore' ata regular_ meeting of said Council, on the _ day. of 2005, and . that itt:was so adopted by the J following vote: AYES: ;COUNCILMEMBERS :.' NOES: COUNCILMEMBERS: n ABSENT: COUNCILMEMBERS ABSTAIN:` COUNCILMEMBERS- 45644548.2 AGENDA REM No. Pxk .y ORDINANCE NO. r 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX WHEREAS; on July 12; 2005, the City. Council (the "Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 2005 -64 stating its intention to form the City of_ Lake Elsinore Community Facilities District No 2005 -4 (Lakeview Villas) (the "CFD ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the s "Act "),,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 prior to the formation of the CFD, and to finance the purchase, construction, expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the City is authorized by law to construct, own or operate (the "Facilities "); and . • , WHEREAS, on July 12, 2005, the Council also adopted. Resolution No. 2005 -65 stating its intention and the necessity to incur bonded indebtedness in the amount not to exceed $9,000,000 to be issued, for the, purpose of, financing the purchase, construction, expansion or rehabilitation of the Facilities; and WHEREAS, notice was published as required by law relative to the intention of the Council to form the CFD. and to incur bonded indebtedness in the amount not to exceed $9,000,000 within the boundaries of the CFD; and WHEREAS, on August 23, 2005, this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the CFD, the rate and method of apportionment and manner of collection of the` special tax to be levied within the CFD to pay for the Services and the rate and method of apportionment and manner of collection of the special tax to be levied within the CFD to pay the principal and interest on the proposed bonded indebtedness of the CFD, and relative to the necessity for authorizing the bonds, the purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and AGENDA ITEnfi ii' 7.,=)\_�—Al— PAGE6 OF / CITY COUNCIL ORDINANCE NO: Page 2 of 5 WHEREAS; at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by the CFD were heard and a full and fair hearing was held; and WHEREAS; the Council subsequent to said hearing adopted Resolution No. '2005- determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent:to said hearing adopted Resolution No. 2005- which called! an t election within the CFD for August 23, 2005 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit ;'and r ' WHEREAS; on August 23'. 2005, an election was held within the CFD -in which;the eligible electors approved by more than two-thirds-vote the proposition of 'incurring bonded ,indebtedness,,, levying .a -, special.' tax,:; and , setting an appropriations limit; THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. DOES ORDAIN AS FOLLOWS: .SECTION 1. A special , tax (the "Services, Special Tax ") is levied .within the boundaries, of the CFD pursuant to the formula; set forth in Exhibit "A" attached hereto and incorporated by reference in an amount,necessary to pay all of the costs of providing the Services, periodic costs, and costs of the tax levy and collection, and all other costs. SECTION 2. A..special tax. (the_ ""Special Tax ") ,is levied within the boundaries of the CFD pursuant to the formulas set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to pay all of the costs of providing the Facilities, periodic costs and costs of the tax,leyy'and collection, and all other costs including amounts payable with respect to the bonded indebtedness. ;. SECTION 3. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the then current or future tax years, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A ". 456445522 ,. AGENDA i1` M F* '. .y CITY COUNCIL ORDINANCE NO. Page 3 of 5 SECTION 4, All, of the collections of the Services. Special Tax and Special Tax shall be used as provided for in the ,Act and Resolution No.; 2005- (Resolution of Formation). SECTIONS. The. above authorized; Services, Special Tax and the Special Tax shall be collected in the same manner as ordinary ad valorem taxes.are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes; provided, however, the CFD may collect the Services Special Tax: and the Special Tax at a different time or in a different manner if necessary torileet its financial obligations. SECTION 6. The Mayor shall sign this ordinance, and the City-Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of .the this ordinance, together 'with, the • vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation.published• and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of thefull text of the adopted ordinance along with the names of the council Members voting for and against the ordinance. SECTION 7. This ordinance relating to the levy of the•Services Special Tax aiid'the Special Tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this`ordinance shall` be transmitted to the Clerk of the Board 'of Supervisors of Riverside' County, the Assessor and the Treasurer -Tax Collectorof Riverside County. INTRODUCED AND APPROVED UPON FIRST READING this day of "' ;2005,' upon the following rollcall•vote:" AYES: COUNCILMEMBERS: ' NOES: COUNCILMEMBERS: 456445522 ABSENT: COUNCILMEMBERS. ABSTAIN- COUNCILMEMBERS: ' 11 AGENDA ITEM Nti. ��l p/GE-2?^OF l n Y CITY COUNCIL ORDINANCE NO. Page 4 of 5 PASSED, APPROVED AND ADOPTED UPON SECOND READING this _ day of 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) ,'45644552.2 - Robert Magee, Mayor City of Lake Elsinore AGENDA PTEM No.� PACE ,21 9 OF �% CITY COUNCIL ORDINANCE NO. Page 5 of 5 EXHIBIT "A". RATE AND METHOD OF APPORTIONMENT w 456445521 AGENDA ITEM NDL� PAC /E, 4:LO OF //6 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY "FACI LIT IES DISTRICT NO., 200574 OF THE CITY OF LAKE ELSINORE (Lakeview Villas) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in the City of Lake Elsinore Community Facilities District No. 2005 -4 (Lakeview, Villas) ( "CFD No:20054" ):" The Special Tax -shall be levied on and collected in CFD No. 2005 -4 each Fiscal Year, in an amount determined through the application'of the Rate and Method `of Apportionment described below. All of the real property within CFD No. 2005 -4, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. i 'Y SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: n "Acre or Acreage" means the land area of an Assessor's Parcel as "shown.ori an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an 'Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Communities Facilities Act of 102, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD'No. 2005.4: the costs of computing'the Special Taxes and preparing the 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); they costs of remitting the Special Taxes for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the dutiesrequired-of it under the Indenture; the costs to the City, CFD No. 2005 -4 or any designee thereofofcomplying' with arbitrage rebate requirements; the costs to the City, CFD No. 2005-4 or any designee thereof of complying with disclosure requirements'of the City, CFD No. 2005 -4 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 -4 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third, party expense's.-' Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2005 -4 for any other administrative purposes of CFD N6.2005-4, including attorney's fees . and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Lake Elsinore June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) ,: , GENDN Ii Ehi PACE 101 OF 116 Page 1 "Apartment Property" means all Assessor's Parcels of Residential Property on which one or more Apartment Units are constructed. "Apartment Unit" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the 'County designating parcels by Assessor's Parcel Number..: "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Special Tax for Facilities" means the Special Tax of that name described in Section D " below. "Backup Special Tax for Facilities" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form ofbonds, notes, certificates of participation, long -term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or. individuals, or long -term contracts, or any refunding thereof, to which Special Taxes for Facilities within CFD No. 2005 -4 have been pledged. "Building Square Footage ". or "BSF" means,the square footage of assessable internal living space, exclusive of garages or; other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. "Calendar Year." means the period. commencing January 1- of any year and ending the following . December 3l. "CFD Administrator"' means an official of the,City, or designee thereof, responsible for (i) determining the Special Tax Requirement for Facilities, (ii), determining. the Special Tax Requirement for Services, as defined inSection L, as applicable, and (iii) providing for the levy and collection of the Special Taxes. "CFD No. 20054" means Community Facilities, District No. 2.005 -4 (Lakeview. V_ illas) established., by the City under the Act. "City" means the City of Lake Elsinore. „ "City Council" means the City Council of the City of Lake. Elsinore, acting as the Legislative Body of CFD No. 2005 -4, or its designee., (� City of Lake Elsinore ' AGENDA ffEM , 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) P =.. OF---% . Page 2 /-� County " means the County of Riverside: ( "Developed Property" means all Assessor's Parcels of Taxable Property for which a building permit for new construction was issued on or before May I" preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section J. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. Y "Indenture" means the indenture, fiscal agent agreement,.resolution or other instrument pursuant to, which Bonds are issued; as modified; amended and/or supplemented from time to time, and any, instrument replacing or supplementing the same. "" "Land Use Type" means any of the types "listed in Table l of Section D. , /1 "Lot " means an Assessor's Parcel for which a building permit has or may be issued for the purposes ( of constructing a Single Family Unit. "Maximum Special Tax for Facilities" means the maximum. Special Tax for Facilities, determined in accordance with Section C, that can be levied by CFD No. 2005 -4 in any Fiscal Year on any Assessor's Parcel. "Non- Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non - residential use. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax for Facilities obligation for an Assessor's Parcel,'as describedin Section H. "Prepayment Amount" means the amount required to prepay the Special Tax for Facilities obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special Tax for Facilities under step three of Section F, "Proportionately" in step three means that the quotient of (a) actual Special Tax for Facilities less the Assigned Special Tax for Facilities divided by(b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. 1 "Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Property that would otherwise be classified as Exempt Pro ert ursuant to the rovisions.of Section J but cannot be' P p... Y p. _. P. _ , City of Lake Elsinore ; AGElVDP1'j�M �® June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) % - . OF age 3 classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J as applicable. "Residential Property" means all Assessor's Parcels of Developed Property for which abuilding permit has been issued for purposes of constructing one or more residential dwelling units., " "Single Family Property" means all Assessor's Parcels of Residential Property other than Apartment Property. "Single Family Unit" means a residential dwelling unit other than an Apartment Unit. "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2005 -4 pursuant to the Act. "Special Tax for Facilities" means any of the special taxes authorized to.be levied_by,CFD No. 2005 -4 pursuant to the Act to fund the Special Tax Requirement for Facilities. Y "Special Tax Requirement for Facilities" means the amount required in, y Fis cal Year to pay: (i) the debt service or the periodic costs on 'all outstanding Bonds due in the,Calendar Year that commences in such'Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated. with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association . with the Bonds, (v) an amount equal to any anticipated . shortfall due to Special Tax for Facilities delinquencies iii the prior Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or, construction of facilities authorized. by CID No. 2005 -4 provided that the inclusion of such amount does not cause an increase in'the levy of (� Special Tax for Facilities on Undeveloped Property as set forth in Step Two of Section F, less (vii) any amounts available to pay debt service or other periodic costs, on. the Bonds pursuant to.the hideriture. "Taxable Property" means all Assessor's Parcels within CFD No. 2005 -4, which are not Exempt Property. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, or Provisional Undeveloped Property. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2006 -07, each Assessor's Parcel within CID No. 2005 -4 shall be classified as Taxable Property or Exempt Property. In addition; each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Undeveloped Property City of Lake Elsinore June 29,.2005 Community Facilities District No. 20054 (Lakeview Villas) AGENDA ITEM NO PAGE-20 l .. OF // 6 Page 4 .y n 1 ' J or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non - Residential Property. Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family Property or Apartment Property, and each Single Family Property shall be assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building Square Footage. SECTION C . MAXIMUM SPECIAL TAX FOR FACILITIES 1. Developed Property The Maximum Special Tax for Facilities for each Assessor's Parcel of Single Family Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax for Facilities or (ii) the Backup Special Tax for Facilities The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or Non - Residential Property shall" be the applicable Assigned Special Tax for Facilities described in Table l of Section D. Prior. to the issuance of Bonds, She Assigned Special Tax for. Facilities on Developed _.Property set forth in Table 1 may be reduced in accordance with, 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 City Council, the "Goals and Policies ") calculated pursuant to the Goals and Policiesexceeds the City's maximum level objective set forth in such document, the Maximum Special Tax for Facilities,on Developed Property may be reduced (by modifying Table l) to the amount necessary to satisfy, the City's objective with respect to,the maximum overlapping debt b d 1 1' h h t f th CUD Ad ' 4 In ur en eve �wtt ,t a wntten.consen o e inn strator. order to reduce the Maximum Special Tax for Facilities on Developed Property.it may be necessary to reduce the Maximum Special Tax for Facilities for Undeveloped Property. 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 by executing a certificate. in substantially the form attached hereto as Exhibit "A ". 2. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned, Special Tax for Facilities. - City of Lake Elsinore . � l?A ITEM P>Eti. _ 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) `• - - ®F�i �. Page 5 Y SECTION D ASSIGNED SPECIAL TAX FOR FACILITIES 1. Developed Property Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Property, or Non - Residential Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2006 -07 shall be determined pursuant to Table 1 below. TABLE 1 — ASSIGNED SPECIAL TAX FOR FACILITIES; RATES FOR DEVELOPED PROPERTY 0, ,, FOR FISCAL YEAR 2006 -07 - w -r _ Land Use T e Building S uare-Foota a Rate - Sin le Family Property Less than 1,250 $2,546 per Single Family Unit Single Family Property 1,250 — 1,750 $2,901 per Single Family Unit Single Family Property Greater than 1,750 ' - .- $3;117 per Single Family Unit Apartment Property N /A $17,750 per Acre Non - Residential Property N/A - x$17 ;750 per Acre 2. Undeveloped Property and Provisional Undeveloped Property Each Fiscal ' Year, each Assessor's Parcel 'of Undeveloped Property- and Provisional Undeveloped Property shall be subject to an Assigned Special Tax foi- Facilities. The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Undeveloped Property and Provisional Undeveloped Property: for Fiscal Year 2006 -07 shall be $127,440 per Acre. 3. Increase in the Assigned Special Tax for Facilities On each July 1, commencing July 1, 2007, the Assigned Special Tax for Facilities rate for Developed Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION E BACKUP SPECIAL TAX FOR FACILITIES At the time a Final Map is recorded for Single Family Property, the Backup Special Tax for Facilities for all Lots within such Final Map area shall be determined by dividing (a) the product of the City of Lake Elsinore AGENDA ITEM N0. , June 29, 2005 Community Facilities District No. 2005 -4, (Lakeview Villas) �' - - 77-7 PACE /O 6 OF ZL6 paee 6 Maximum Special Tax for Facilities rate for Undeveloped Property and the total Acreage of all Lots ^ in such Final Map area, by (b) the total number of Lots within such Final Map area. The resulting f quotient shall be the Backup Special Tax for Facilities for each Lot within such Final Map area. The Backup Special Tax for Facilities shall not apply to Non - Residential Property or Apartment Property. If a Final Map includes Assessor's Parcels of Developed Propertywhich are classified or reasonably expected to be classified as Single Family Property and Non - Residential Property or Single Family Property and Apartment Property, then the Backup Special Tax for Facilities for each Lot shall be computed exclusive of the allocable portion of total Acreage attributable to Assessor's Parcels classified or reasonably expected to be classified as Non - Residential Property or Apartment Property. Notwithstanding the foregoing, if one or more Lots are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax for Facilities for the area that has been changed or modified shall be recalculated, based on the methodology above, to equal the amount of Backup Special Tax for Facilities that would have been generated if such change did not take place. On each July 1, commencing July 1, 2007, the Backup Special Tax for Facilities rate shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. SECTION F n METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing Fiscal Year 2006 -07 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes for Facilities on all Taxable Property in accordance with the following steps: Step One: The Special Tax for Facilities shall be levied Proportionately on each'Assessor's Parcel of Developed Property at up to '100% of the applicable Assigned Special Tax for Facilities rates in Table 1 to satisfy the Special Tax.Requirement for Facilities. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special Tax for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy, the Special Tax Requirement for Facilities. Step Four:. If additional moneys are needed to satisfy the Special Tax Requirement for Facilities f after the first three steps have been completed, the Special Tax for Facilities shall be City of Lake Elsinore - June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) AOENDA ITEM NO. �� PAGE OF. �/ w - Page 7 levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up td 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's Parcel as needed. to satisfy the Special Tax, Requirement for Facilities. Notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence ofdelinquency or default by owner of any, other Assessor's Parcel within CFD No. 2005 -4. SECTION G . PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: "CFD Public Facilities" means $6,500,000 expressed in 2005 dollars, which shall increase by the Construction Inflation hidex on July 1, 2006, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2005 -4 ,.or (ii) determined by the City Council concurrently with.a covenant that it will not issue anymore Bonds to be supported by Special Taxes for Facilities levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2005 -4. "Construction Inflation Index" means the annual percentage change in the Engineering News - Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. hi the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News - Record Building Cost Index for the city of Los Angeles. "Future Facilities Costs "means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes for Facilities which will remain outstanding'after the first interest-and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Taxes for Facilities. The Special Tax for'Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building,permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property maybe prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding City of Lake Elsinore - �yQ,__June 29, 2005 Community Facilities District No. 2005-4 (Lakeview Villas) AGENDA I �lilV OAGE _ — Page 8 with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. ' The Prepayment 'Amount for an' Assessor's Parcel eligible for prepayment shall be 1 determined as described below. •. An owner of an Assessor's Parcel intending to prepay the Special Tax`for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such notice the CFD Administrator shall notify such owner of the" Prepayment Amount of 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 Bonds from the proceeds of such prepayment maybe given by the Trustee pursuant to the hidenture. The Prepayment Amount for'each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below):, Bond Redemption %Amount plus - Redemption Premium . "` ` plus Future Facilities Amount plus Defeasance Cost plus Administrative Fee-. .less" Reserve Fund Credit less Capitalized Interest Credit equals Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated.as follows: A. For an 'Assessor's Parcel of Developed Property; compute the Assigned Special Tax for Facilities and�Backup; Special Tax, for Facilities, if any, applicable to the Assessor's Parcel For an Assessor's Parcel of Undeveloped Property, compute the Assigned Special Tax for Facilities as though it was already designated as Developed Property based upon the building permit issuedor expected to be issued for that Assessor's Parcel. For an Assessor's Parcel ofrProvisional Undeveloped Property compute the Assigned Special Tax for Facilities for that Assessor's Parcel 2. For each Assessor's Parcel of Developed Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a) divide the Assigned Special Tax for Facilities - computed pursuant:.to paragraph 1 for such Assessor's Parcel by the sum •ofthe estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, -as reasonably determined by the City,-and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1. for such Assessor's Parcel by the.sum of the estimated Backup Special Tax for Facilities applicable to all A'ssessor's Parcels of Taxable Property at buildout; as reasonably determined by the Cityl i City of Lake Elsinore June 29, 2005, Community Facilities District No. 2005 -4 (Lakeview Villas) - ' AGENDA ITEM PACE /U 2> OF // 6 Page 9 1\ 3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds-The product shall, be the `Bond Redemption Amount ". ( ) 4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. •This . product is the "Redemption Premium:'.'. 5.: Compute the Future Facilities Cost. 6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the amount determined pursuant to paragraph,5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount'): 7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest redemption date for the Outstanding Bonds., 8. Determine the actual Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 9. Estimate the amount of interest, earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest redemption date for the Outstanding Bonds.. 10.. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the amount, computed pursuant to paragraph 9., This difference is the "Defeasance Cost." 11. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption:;; This amount is the "Administrative Fee." 12: Calculate the . "Reserve Fund Credit" as the lesser of. (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption :of Outstanding Bonds as a result of the prepayment from the :balance in the applicable , reserve funds, on .,the prepayment date. Notwithstanding the foregoing; if the reserve fund requirement is satisfied by .a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than 0. City-of Lake Elsinore June 29, 2005 AGENDAt Community Facilities District No. 2005 -4 (Lakeview Villas) ' IPACE__ZZL)_4F Z4� Page 10 13. If any capitalized interest for the Outstanding Bonds will not have been /-� expended as of the date immediately following the first interest and/or f principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment. This amount is the "Capitalized Interest Credit." 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit and the Capitalized Interest Credit. ' 15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4', 10, 12, and 13 shall be deposited into the appropriate fund as established under the Indenture and used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 11 shall be retained by CFD No. 2005 -4. The Special Tax for Facilities prepayment amount may be insufficient to redeem a full $5,000 increment of Bonds. ' In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments. With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of CFD No. 2005 -4 that there, has been a prepayment of the } Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes for Facilities shall cease. Notwithstanding the foregoing, no prepayment will be allowed unless. the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped. Property for which. a building permit has been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped Property, as calculated ^ in this Section H below, may be partially prepaid, provided that there are no delinquent Special f Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. City of Lake Elsinore June 29, 2005 Community Facilities District No. 20054 (Lakeview Villas) AGENDA ITEM NO PAGE aj OF // G _ Page 11 The Partial Prepayment Amount shall be calculated according to the following formula: PP = (Po —A) x F +A The terms above have the following meanings: PP = the Partial Prepayment Amount. Pr, = the Prepayment Amount calculated according to Section G. F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities obligation. A= the Administrative Fees and Expenses calculated according to Section G. 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 for Facilities and the percentage by which the Special Tax for Facilities 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 for Facilities 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 ispartially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G, and (ii) indicate in the records of CFD No. 2005 -4 that there has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (3 0) days of receipt of such partial prepayment of the Special Tax for Facilities obligation, to indicate the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities shall cease. Notwithstanding the foregoing; no partial prepayment will be allowed unless the amount of Special Tax for Facilities that maybe levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION I ' TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Assessor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities shall cease not later than the 2041 -42 Fiscal Year, however, the Special Taxes for Facilities 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 -4 Bonds have been paid; (ii) all authorized facilities of CFD No. 2005 -4 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and (iv) all other obligations of CFD No. 2005 -4 have been satisfied. SECTION J EXEMPTIONS rr ll City of Lake Elsinore AGENDA ITEM N©. June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) 13AGE Qp Pa e 12 8 ft The City shall classify as Exempt Property, in order of priority; (i) Assessor's Parcels which are owned by, irrevocably offered for'dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts; (ii) Assessor's-Parcels . which are used as places ofworship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v), Assessors :Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 3.5 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property, if such classification would reduce the sum of all Taxable Property to less than 3.5 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property, to less than 3.5 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Taxes for Facilities pursuant to. Step Four in Section F. SECTION K MANNER OF COLLECTION, OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be collected in the same manner and at the ' same time as ordinary (� ad valorem property taxes, provido 'howcver, that CF6No. 2005 -4 may collect Annual.Special Taxes for Facilities at. a different time or in a different manner if necessary to meet its financial obligations and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. SECTION ,L SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section L: "Developed Multifamily Unit" means a residential dwelling unit within abuilding in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit,. and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which 'a building permit has been issued by the City on or prior to May I preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" incans the maximum Special Tax for Services that can be levied by CFD No. 2005 -4 in any Fiscal Year on'any Assessor's Parcel. n City of Lake Elsinore June 29, 2005 Community Facilities District No. 2005-4 (Lakeview villas) �¢ENDA ITEM NO ., PAGE / /3OF (� Page 13 "Operating Fund" means a fund that shallbe maintained for CFD No. 2005 -4 for any Fiscal Year to pay for the actual costs, :of maintenance related to,, the Service Area, and the, applicable Administrative Expenses: "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the �+ preceding Fiscal Year. C: "Service Area " means parks, open space, and 'storm drains. - "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2005 -4 pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No. 2005 -4 equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintainedor are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on, the delinquency rate in CFD No. 2005 -4 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1, Rate and Method of Apportionment of the Special Tax for Services ' Commencing Fiscal Year 2005 -2006 and far each subsequent Fiscal Year, the City Council shall levy Special Taxes for Services on (i) all As'sessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit 'and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax' for Services to fund the Special Tax' Requirement for Services. . - The Maximum Special Tax for Services for Fiscal Year 2005 -2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 4, 2006; the Maximum Special Tax for Services shall b`e increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special'Tax for Services - The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. 3. Collection of the Special Tax,for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2005 -4 may collect the Special Tax for Services at a different,time or, in a different manner if necessary to meet its funding requirements. City of Lake Elsinore June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas) : • l�l�� - E1G�F1� Page 14 .y n SECTION M APPEALS Any property owner claiming that the amount or application of the'Special Tax is not correct may file a written notice of appeal with the CFD'Admiriistrator not later than twelve months after having paid the first installment ofthe`Special Tax that is'disputed'. Th'e'CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding "the amount of "the Special Tax; 'and rule on the appeal. If the CFD Administrator's decision iequires that the Special Tax for an Assessor's Parcel lie modified or changed in favor of the property owner, a cash refund shall not be made (except for the last'year`of levy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or residents appeals. Any decision of the City Council shall be final and binding as to all persons. City of Lake Elsinore June 29, 2005 Community Facilities District No. 2005 -4 (Lakeview Villas)' ` - -,- Pffiik 4 OF /16 Page 15 EXHIBIT "A" CITY OF LAKE ELSINORE AND CFD NO. 2005 -X CERTIFICATE 1. Pursuant to Section _ of the Rate and Method of Apportionment of Special Tax (the "RMA' ), the City of Lake Elsinore (the "City") and Community Facilities District No. 2005 - X of the City of Lake Elsinore ( "CFD No..2005 -X ") hereby agree to ..a reduction in the ,Maximum Special Tax for Facilities for Developed Property [within such Improvement Area]: (a) The information in Table I relating to the Maximum Special Tax for Facilities for Developed Property and/or Undeveloped Property within [Improvement Area X or CFD No: 2005 -X7 shall be modified, as follows: [insert Table 1 showing effective change to special tax rates and /or insert change to special tax rates for Undeveloped Property] i 2. Table 1 may only be modified prior to the issuance.of Bonds. 3. Upon execution of the Certificate by the City and CFD No. 2005 -X the City shall cause an amended Notice of Special Tax Lien [for the Improvement Area] to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2005 -X, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF LAKE ELSINORE Un CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 2005 -X OF THE CITY OF LAKE ELSINORE M CFD Administrator City of Lake Elsinore Community Facilities District No. 2005 -4 (Lakeview Villas) Date: Date: ^dune 29, 2005 PAGE_&L OF //4 Page 16 Q.t) Q.6) f .y CITY OF LAKE ELSINORE-' REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: AUGUST 23, 2005 SUBJECT: TENTATIVE PARCEL MAP NOA3525 "FOR CONDOMINIUM PURPOSES" AND INDUSTRIAL DESIGN NO 2005 -02 — J &S DEVELOPMENT BUSINESS PARK. APPLICANT: Mr. Jamil Esqura J &S Development, LLC P.O. Box 1175 San Juan Capistrano, CA 92693 REQUEST • .Tentative Parcel Map No. 33525 and Industrial Design Review No. 2005 -02. The applicant is requesting Tentative Parcel Map. and. Design Review consideration for the construction of a commercial and limited manufacturing condominium business park consisting of'58,654 square feet on 3.38 acres of land. The project site is located on the northwest of Minthorn and Chaney Streets (APN 377-151-042- and -043). Access to the project site is taken from Minthorn, Chaney and Birch Streets. . BACKGROUND At its regular meeting of July 19, 2005, the Planning Commission adopted Resolution No. 2005 -99 recommending to the City Council approval of Tentative Parcel,Map' ,_ 33525 "For Condominium Purposes", and Resolution No. 2005 -100, recommending to the City Council approval of Industrial Design Review No. 2005- 02'(PC Minutes, Staff Report, Conditions of Approval, Resolutions, and Exhibits attached)? U:\kcouryU_2005- 02_J &S Development \CC Staff Report.doc S Agenda Item No. Page 1 of REPORT TO THE CITY COUNCIL August 23, 2005 Page 2 of 2 DISCUSSION Items of discussion were related to the site design and architectural detail of the proposed buildings. The Commission expressed satisfaction with the design and layout of the proposed project. It was the general consensus of the Planning Commission to accept staff's recommendation of approval as proposed. FISCAL IMPACT The development will have a positive fiscal impact on the community and the City, in that the project will provide an avenue for additional jobs in the community as well as - promote new growth in commercial, limited manufacturing and warehouse businesses in the surrounding areas. RECOMMENDATION The Planning Commission recommends that the City Council approve the following applications based on the Planning Commission Findings and subject to the attached Conditions of Approval and Exhibits. . 1: Resolution No. 2005 -_ approving Tentative Parcel Map 33525 "For Condominium Purposes"; and, 2. Resolution No. 2005 approving Industrial Design Review No., 2005 -02. PREPARED BY: KIRT A. COURY, ASSOCIATE PLANNER APPROVED FOR AGENDA BY: C Y MANAGE 'S OF CE ATTACHMENTS 1.. PC Minutes 2. PC Staff Report 3. PC Resolutions 4. PC Conditions of Approval rr ll 5. Exhibits "A" thru «J„ �J U:\kcoury\I_2005- 02_J &S Development \CC Staff Report.doc Agenda Item No. Page 2 of .y 1 f ' 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 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 advisory agencies, appeal boards, or legislative body concerning the subject project located at the northwest comer of Minthom and Chaney Streets, which action is bought within the,time peri od, provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly, notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. TENTATIVE PARCEL MAP NO. j3525 "FOR CONDOMINIUM PURPOSES" 2. The Tentative Parcel Map No. 33525 "For Condominium Purposes" will expire two (2) years from date of; approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded withthe County Recorder, oe an extension,of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map,Act. 3. The Tentative Parcel Map No. 33525 "For Condominium. Purposes" shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal;Code, Title 16 unless modified by approved.Conditions of Approval.. 4. Prior to final certificate of occupancy of Tentative Parcel Map, No. 33525 "For Condominium Purposes ", the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements. for said improvements, shall be. submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. Prior to issuance of a grading permit, the applicant. shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community- Development Director or Designee and the City Attorney., The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, loading and unloading zones, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the, complex. In addition, CC&R's shall established methods to address design improvements. 6" No lot or unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all, properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of, all owners of lots and /or dwelling units and flexibility of assessments to AGENDA ITEM N0. PAGE -3 F G CONDITIONS OF APPROVAL Page 2 of 8 TENTATIVE PARCEL MAP NO. 33525"FOR CONDOMINIUM PURPOSES ", AND INDUSTRIAL DESIGN REVIEW NO. 2005-02' �••✓ meet changing costs of maintenance, repairs, and services. Recorded CC cR's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of,'c`omptiance with this requirement to, and receive approval of, the City prior to making any such sale. This condition, shall not apply to land dedicated to the City for public purposes' ,. ; 7. Provisions to restrict parking upon' other than approved and' developed parking spaces shall be written into'the covenants, conditions an d restrictions for each project. INDUSTRIAL DESIGN REVIEW NO. 2005 -02 r 8. Design'review approval for Industrial Project No. 2005 -02 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 9: All Conditions of approval shall be reproduced on page one of building plan's prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 10. All site improvements approved with this request shall be constricted as indicatedon the approved site plan and elevations. Revisions to approved site plan or building elevations shall be subject to the review of the Community Development Director. All 'plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. 11. Stmctures shall be placed on -site as depicted, on the-site plan and/or as modified'by the Community Development Director or designee. " 12. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee,'prior to issuance'of building permit. 13. The Planning Division shall approve constniction 'trailers utilized during construction. All construction trailers shall require a$1,000.60 cash bond for each. 14. All roof mounted or ground 'support air conditioning units or'other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping'so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 15. All loading zones shall ' be clearly marked with yellow striping and shall meet City Standards for Type `A' loading zones (12' x 20) and Type `B' loading zones (12'x 40)" I 16. Any alteration or expansion of this Design Review approval 'shall be 'reviewed according to the AGENDAlTE N0._ OF- U PAGE _ 4.__� CONDITIONS OF APPROVAL Page 3 of 8 TENTATIVE PARCEL MAP NO.•33525 "FOR CONDOMINIUM PURPOSES ", AND f INDUSTRIAL DESIGN REVIEW NO. 2005-02 - • : -.provisions of Chapter 17.82 (Design! Review) of the Lake Elsinore Municipal Code. - 17. Materials and colors depicted on the plans and materials board shall be used unless modified by the .- Community. Development Director or designee. -, 18: All exterior on -site lighting shall._be . shielded and directed on -site so as not to create' glare onto neighboring property and streets or allow._illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. .19. All exterior downspouts shall, be, concealed or. architecturally screened and painted to match the. exterior color of the: building as approved by the ;Community. Development Director or Designee. 20. The applicant shall submit a Sign.Program;for the approval of the, Planning Commission prior to -Y the issuance of,the first building.permit.,_ 21. All building signage shall comply with the Sign Program submitted to the Planning Division. 22. No outdoor storage of any materials /merchandise is permitted with this application. All outdoor storage shall be subject to the approval, of, a. Conditional Use Permit pursuant to Chapter 17.74 (Conditional Use Permits) and Chapter 17.54 (Commercial .Manufacturing District) Section n 17.54.040(A) (Outdoor Storage). 23. 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. 24. Parking stalls shall be double - striped with, four -inch (4 "), lines two feet (2) apart. 25. Provide a 12 -inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width).' " 26. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 27. No exterior roof ladders shall be permitted. 28: All service and loading doors shall be painted to•match the building. 29. On -site surface drairiage'shall riot cross sidewalks:' ` PRIOR TO BUILDING /GRADING PERMITS 30. Prior to issuance of any grading Permit or building permits; the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion iri the case records: AGENDA ITEM NO. PAGE �OF .y CONDITIONS OF APPROVAL Page 4 of 8 TENTATIVE PARCEL MAP NO. 33525"FOR CONDOMINIUM PURPOSES ", AND INDUSTRIAL DESIGN REVIEW NO. 2005-02 31. Prior to grading permit, a final Landscaping Plan shall be submitted to the "Planning Division for review and approval. 32. Three (3) sets of the Final Landscaping /Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of'building permit`" 'A Landscape Plan Check' &•Inspection Fee will be charged prior to' final landscape, approval based on the Consultant's fee plus forty percent (40 %) City fee. 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 tree's select& from the City's Street Tree List,' a maximum of forty feet (40) apart and at least twenty -four -inch (24 ") boar in size. c)' All planting areas shall be separated from p'aved'areas with a six inch '(6') high and six inch (6 ") wide concrete curb. d) ' Planting withinl fifteen feet (15') of ingress /egress points shall'be no higher than thirty- six inches (36"). ' e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan-and screened as part of the landscaping plan.' g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation, sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. t) 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. k) Final landscape plan must be consistent with approved site plan. Final landscape plans to include planting and irrigation details. AGENDA ITEM NO.� I PAGE F 2 CONDITIONS OF APPROVAL Page 5 of 8 TENTATIVE PARCEL MAP N0.33525 "FOR CONDOMINIUM - PURPOSES ", AND INDUSTRIAL DESIGN REVIEW NO. 2005-02 33. Applicant shall comply with the requirements =of the Elsinore Valley. Municipal Water District. Proof shall be presented to,the Chief Building Official prior to issuance of. building permits and final approval. 34. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 35. Prior to issuance of building pertnits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 36. Prior to issuance of building permits; applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 37. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 38. The applicant shall at 'all times comply with Section '17.78 (Noise Control) of the Lake Elsinore Municipal Code. 1 ENGINEERING 39. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal, Code (LEMC) prior to building permit. 40. Dedicate full half width street right -of -way conforming to the General Plan Circulation Element. . Dedication along Chaney Street shall be such that the full half width, measured from the, centerline to property line is 50 -feet, and 30 -feet on Minthom Street. , 41. Construct full half width street improvements on Chaney and Minthom Streets. Half width roadway improvements shall be 40 -feet from centerline to, curb• face for, Chaney Street, and 20 -foot roadway improvements on Minthom Street:. Construction of sidewalk and landscaping shall also be constructed for the project frontage street improvements shall be completed, or cash in,lieu shall be- submitted, prior to certificate of occupancy. 42.- Provide a drive aisle stub to the undeveloped property adjacent to the north/northeast. The drive aisle shall be constructed to stub to -the property line of the, adjacent parcel. A reciprocal access agreement shall be provided to the adjacent property to be processed at the time of their development. 43. Provide a reciprocal access agreement -with the existing adjacent property to 1 provide ,additional circulation and access. The agreement shall be recorded prior to the issuance of building permit. 44. 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 *applying for a'building permit.. AGENDA ITEM NO. PAGEM 'OF CONDITIONS OF APPROVAL Page 6 of 8 TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES ", A_ ND 1 INDUSTRIAL DESIGN REVIEW NO. 2005-02 �J 45. Arrangements for relocation of utility company, facilities: (power "poles, vaults, etc.) out' of the roadway or alley shall be the responsibility of the property owner or his agent. 46. Provide fire protection facilities as required in writing by Riverside County Fire. 47. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. . 48. Provide easement agreement for ingress and aggress,through adjacent properties., . 49. Public right -of -way dedications and easement shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to,issuance of building permit. „ 50. The driveway aisles shall be designed so that at least 40A. is- available between the street curb and the first parking stall in order to provide adequate on -site storage for entering vehicles. .. 51. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (I"C' 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street and at top of curb, as well as grading contours to 50' beyond the property limits., 52. If the existing street improvemeni's are to be modified,' the existing street plans on file 4shall be modified accordingly and approved by the City 'Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 53. Work done under an encroachment permit for off -site improvements shall be delineated on the street improvement, plans and approved and signed by the City Engineer prior to issuance of building permits. 54. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public.works improvements (LEMC32.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 55. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 112" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 56. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. 57. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading A(ANDA ITEM NO._ PAGE_,_ K 0 F 5 -- CONDITIONS OF APPROVAL Page 7 of 8 TENTATIVE PARCEL MAP "NO. 33525 "FOR CONDOMINIUM PURPOSES ", AND INDUSTRIAL DESIGN REVIEW NO. 2005-02 exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer: If the,grading is lessahan 50 cubic yards and a grading plan is not required, a grading pemtit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins.,.. „ 58. Applicant itc, provide erosion control ,measures as part of; their, grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan... 59. Provide soils, geology. and seismic report, including recommendations for parameters for seismic design,of buildings, and walls. 60. An Alquisit- Priolo., study, shall be performed on the, site to identify any hidden earthquake faults and /or liquefaction zones present on -site. A certified letter from a registered, geologist or geotechrucal engineer shall be submitted confirming the absence of this Hazard 61. On -site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 62. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 63..Submit Hydrology and. Hydraulic Reports for review and approval by City Engineer prior to issuance of grading permits. Developer shall mitigate 'any flooding and/or erosion downstream caused by development of the site and /or diversion of drainage. 64. The developer shall incorporate into the project plans combination of Site`Design BMPs, Source control BMPs and .Treatment Control BMPs to address' the potential ' Pollutants of Concern identified for the project, as required: by NPDES 'requirement's" for industrial' and "commercial projects within the San Jacinto, and Santa Ana River Watersheds. ;These new requirements all for on -site Water Quality Management Practices (WQMP's). ' On -site Filters specialized in 'removing specific pollutants from your site must be in place to filter runoffs prior to entering any city storm drain facility. 65. The developer shall incorporate into the CC&R of the industrial condominium specific requirements and funds for periodic maintenance and /or replacement of the BMP system by the Property Owners Association as required by manufacturer, and accepted by the City Engineer. 66. The developer must submit a conditional letter of map revision (CLOMR) to FEMA prior to issuance of building permits. A letter of map revision (LOMB) must be approved from FEMA prior to occupancy. 67. Meet all requirements of LEMC 15.68 regarding floodplain management. Finish floor elevation of all nbuildings shall be a minimum 1 -foot above the 100 year flood elevation as shown on the applicable FEMA FIRM maps. Any fill placed in the 100 -year flood plane for the purposes of elevating the building floor out of the flood plane shall require a LOMR -F to be processed with FEMA. AGENDA ITEM NO. PAGE _OF L4 '�5_ s _y CONDITIONS OF APPROVAL Page 8 of 8 TENTATIVE PARCEL MAP NO. 33525 "FOR•CONDOMINIUM PURPOSES", AND INDUSTRIAL DESIGN REVIEW NO. 2005-02 �✓ 68. The developer to provide FEMA elevation certificates prior to issuance of certificate of occupancies. 69. Developer shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with,a storm water pollution prevention plan -prior to issuance of. grading permits. The applicant shall provide a SWPPP for post construction which'describes BMP that will be implemented for the development and including maintenance responsibilities. . 70. Developer shall obiain'approval from Santa Ana Regional Water "Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP that will be implemented for the development and including maintenance "responsibilities. ' 71. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the rise 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: 72. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area ' drainage fee, traffic impact fee (TIF), traffic uniform mitigation ' fee ('I'UMF), encroachment permit fees and inspection fees associated with the project and its development. " 73. The City of Lake Elsinore has adopted ordinances, for stormwater management and discharge control.. In accordance with state and federal law; these local sormwater ordinances prohibit the discharge of waste into storm drain system or local surface waters." This includes non- stormwater discharges containing, oil,, grease, detergents, trash, or other waste remains. ' Brochures of .. "Stormwaier Pollution,: What You Should Know' describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system or waterways - without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state.and federal laws. AGENDA ITEM NO.', PAGElb _ -OF �5 ^ RESOLUTION NO. 2005- 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE; CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES" FOR PROPERTY LOCATED , AT THE NORTHWEST" CORNER OF MINTHORN AND CHANEY STREETS. WHEREAS, J &S Development, LLC, has initiated proceedings to approve Tentative Parcel Map No. 33525 "For Condominium Purposes" for the establishment of a commercial and limited manufacturing business park and related improvements; and WHEREAS; the Planning Commission of_the City of Lake Elsinore at a regular meeting held on August 2, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of the project by adopting Planning Commission Resolution No. 2005 -99 recommending to the -City Council approval of Tentative Parcel.. Map No. 33525; 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 August 2, 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 subdivision, prior.-ti): making a decision to approve Tentative Parcel Map No. 33525 "For Condominium Purposes" for the establishment of a commercial and limited manufacturing business park. The City Council finds and determines that this project is exempt from the requirements' of CEQA, pursuant to Section 15332.b (In -Fill Development Projects) which exempts infill projects 5 acres or less. SECTION 2. That in accordance with State of California Subdivision Map Act, and the City of Lake Elsinore the following findings for the.approval of Tentative Parcel Map No. 33525 "For Condominium Purposes" have been made as follows: 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. n 1 The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). __... AOENDA ITEM NO. PAGE C " OF 1I .y RESOLUTION NO. 2005 - PAGE 2 OF 3 The project is consistent with the land use plan, development. and design. standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced: The project is consistent with the City's General Plan and Zoning Code, will provide ,necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse, environmental impact: 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate, conservation'requirements of the -City and Uniform Building Code. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California approval of Tentative Parcel Map No. 33525 "For Condominium'Purposes " :' i PASSED, APPROVED AND ADOPTED this 23rd day of August; 2005, by the following vote: ..AYES: COUNCILMEMBERS:: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:,, ABSTAIN: COUNCILMEMBERS: . Robert Magee, Mayor City of Lake Elsinore (.0) AGENDA ITEM NO. Q5 j PAGE L�'- OF 95 2 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2005 -02, FOR A PROJECT KNOWN AS J &S DEVELOPMENT BUSINESS PARK LOCATED AT THE NORTHWEST CORNER OF MINTHORN AND CHANEY STREETS. WHEREAS, J &S Development, LLC, has initiated proceedings to approve Industrial Design Review No. 2005 -02 for a Commercial and Limited Manufacturing Condominium Business Complex consisting of ten (10) buildings totaling 58,654 square feet; and r WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on August 2, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of the project by adopting Planning Commission Resolution No. 2005 -100 recommending to the City Council approval of Industrial Design Review No. 2005 -02; 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 meeting held with respect to this item on August 23, 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 project prior to making a decision to approve Industrial Design Review No. 2005 -02. The City Council finds and determines this project is consistent with the Lake Elsinore Municipal Code and that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332.b., In -Fill Development Projects; SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the approval of have been made as follows: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Industrial Design Review located at the northwest corner of Minthorn and Chaney Streets complies with the goals and objectives of the General Plan, in that the approval of this commercial and limited manufacturing business complex will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. N AGENDA IT04 NO. � PAGE I _OF 1�_ .y 1 RESOLUTION NO. 2005- PAGE. 2 OF 3 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at the northwest corner of Minthorn and Chaney Streets is appropriate to the site and surrounding developments in that the proposed commercial and limited manufacturing business complex has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and material and site designs proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. __ Pursuant to the California Environmental Quality Act (CEQA), the proposed Industrial Design Review located at the northwest corner of Minthorn and Chaney Streets, 'as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15332 (In -Fill Development Projects). 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at the northwest corner of Minthorn and Chaney Streets has been scheduled for consideration and approval by the Planning Commission. PURSUANT TO THE ABOVE FINDIDNGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California approval of Industrial Design Review No. 2005 -02. PASSED, APPROVED AND ADOPTED this 23`d day of August, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AGENDA ITEM NO.-- PAGES ._OF._�� RESOLUTION NO. 2005- PAGE. 3 OF 3 �J AGENDA ITEM /NO.� PAGE_% OF� J PAGE 5 - `PLANNING COMMISSION INUNUMS - August 2,'2005 Planning Manag Preisendanz emphasiz that part of CEQA clea ce was confirmation that a equate water service w provided to the develop \Hestatcd that clearance includ issues with fire safety. MOVED B GONZALES, SECO ED BY FRANAND PASSE BY A VOTE OF 5- TO APPRORESOLUTION O.' 2005 -98 'A RE LUTION THE PLANNING OMMISSION OF T CITY OF LAKE ELSINORE, CALIFORNIA, A ROVING INOR DESIGN RE W FOR A SINGLE ILY SIDENCE LOCATED T 403 POTTERY S ET - A N 374- 072 -019: x _ , PUBLIC HEARING ITEMS 5. Tentative Parcel Mao No. 33525 "For Condominium Purnnses" and Industrial Desit=n Review No. I2005 -02 for "J &S Development Business /-� Park" ( Chairman LaPere opened the Public Hearing at 6:29 p.m' City Manager Brady provided a brief overview of the proposed project and requested Associate Planner Coury review it with the Commission and answer questions. Associate Planner Coury provided an overview of the proposed project. He indicated that the project would allow for the subdivision of the property into 10 lots for condominium' purposes of a business park. He noted that the architectural designs were consistent with the area. He stated that the location of the project was at Minthorn and Chaney. Julius Esqura, J &S Development, 31401 Camino Capistrano, San Juan Capistrano, stated that he did not read the report and conditions of approval. Anthony Molina, 19923, Grettand, Cerritos, Ca; stated that he did not'read'the report or conditions of approval: He stated that he agreed with the report and conditions of approval. Commissioner O'Neal concurred with staff's recommendation of approval. He noted . that it would be a handsome addition to the City'. Commissioner Gonzales stated that it completed the block." 1 ' AGENDA ITEM NO. _(Z PA3E 'I OF �.(�. PAGE 6 -PLANNING COMMISSION MINUTES - August 2, 2005 Commissioner Larimer stated that she was pleased with the project. Commissioner Francia clarified the modified compact parking spaces were increased in width by one foot. Chairman LaPere stated that the project completed the area and—it was,a job well done.. There being no further business, Chairman LaPere closed the Public Hearing at 6:34 p.m. MOVED BY LARIMER, SECONDED BY GONZALES AND PASSED BY A VOTE OF 5 -0, TO., APPROVE RESOLUTION NO. 200549; A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA; RECOMMENDING TO THE CITY COUNCIL OF THE .CITY OF LAKE ELSINORE APPROVAL OF--.- - TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES" MOVED BY LARIMER, SECONDED BY GONZALLES AND PASSED BY A VOTE OF 5-0, TO . APPROVE RESOLUTION NO. 2005 -100, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE, ELSINORE, CALIFORNIA; RECOMMENDING CITY COUNCIL APPROVAL OF INDUSTRIAL DESIGN REVIEW NO. 2005-02, TO BE LOCATED AT THE NORTHWEST CORNER OF.,,, MINTHORN AND CHANEY STREETS . FOR . A - PROJECT KNOWN. AS J &S DEVELOPMENT , BUSINESS PARK - 6. Tentative act Mao No. 31957 Chairman LaPere op\bH lic Hearing at 6:36 p. rady rief overview of the propose roject and reques "te er Coit ith the Commission and ans r questions. r Coat sta quested to continue the item the August 16th X issioue to last ' ute items to address with th plicant. He t the reed with the. ontinuance: AGENDA ITEM NO- c � PLANNING COMMISSION = STAFF REPORT Gty anake Elsie Planning Diw, ion 170 S. Man Sims lake Elmore, CA 92530 (909) 6743124 (909) 471 -1419 fu DATE: Tuesday, August 2, 2005. TO: Chairman. and Members of the Planning Commission FROM: Robert A. Brady, City Man ager a PREPARED BY: Kirt A. Coury, Associate Planner PROJECT TITLE: Tentative Parcel Map No. 33525 "For Condominium Purposes ", and Industrial Design Review No. I 2005 -02 for "J &S Development Business Park" APPLICANT: Jamil Esqura; J &S Development, LLC., P.O. Box 1175' San Juan Capistrano, CA, 92693 PROJECT REQUESTS • Approval of a Tentative Parcel Map "For Condominium Purposes" pursuant to Section 16 "Subdivisions" and Chapter 17.30 (Condominium and Condo Conversion) of the . Lake Elsinore Municipal Code (LEMC) and Section 66424 and 66427 of the_ California Subdivision Map Act (CSMA). . • Industnal Design Review No. 1 2005 -02. _ The applicant 3s requesting Design Review consideration for. the construction of a condominium ;business .park and related improvements. Review is pursuant to Chapter 1738_(Non- Residential Development Standards), Chapter 17.66 (Parking Requirements), 17.82 (Design Review) and Chapters 17.54 (Commercial Manufacturing District) and 17.56, (M -1) Limited Manufacturing District of the Lake Elsinore Municipal Code (LEMC). PROJECT LOCATION The project site is located at the northwest comer of Minthom, and ChaneyStreeis, Assessor Parcel, No(s).377 -151 -042 and 043.. AGENDA ITEM NO.1�21 PAGE____OF .y PLANNING COMMISSION STAFF REPORT AUGUST 2, 2005 PAGE 2 of 8 PROJECT TITLE: TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES ", AND INDUSTRIAL DESIGN REVIEW NO. 12095-02 FOR J &S DEVELOPMENT BUSINESS PARK- ENVIRONMENTAL SETTING PROJECT DESCRIPTION(S) TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES" The proposed parcel map will subdivide the aforementioned 3.38 acres of commercial and limited manufacturing zoned property into ten (10).separate parcels. , The applicant requests approval to establish the proposed business park as a "condominium business park ". Condominium projects are defined as "subdivisions" pursuant to Section 66424 of the California Subdivision Map Act (CSMA). Consequently, this project requires Planning Commission and City Council consideration pursuant to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (-,EMC)' . The condominium concept would allow the applicant to offer the individual buildings for sale as defined by the Condominium Plan (Exhibit B'), while sharing common interest /ownership and maintenance responsibilities within common areas. These common areas involve primarily common walls, the parking lot (aisle -ways, pavement, minor accessory structures such as monument signs, mail boxes, etc), landscaping. areas, and onsite underground and aboveground utility `infrastructure improvements necessary to service and support the business park. " DESIGN REVIEW NO. 2005-02 Site Plum IN The applicant is proposing to construct ten (10) pre -cast (tilt -up) concrete buildings totaling approximately 58,654 square feet to be occupied by business park type uses.' All' buildings are proposed as single story buildings. The ten (10) buildings are generally located along the perimeter of the project site and will take access from three (3) driveways located at the eastern, western and southern end of the property along Birch, Chaney and Minthom Streets respectively. Through circulation will be primarily provided throughout the center of the site with various connecting �J P : \I 2005- 02,J &S Development \PC Staff Report.doc AGENDA ITEM N0. O� PAGE OF S PLANNING COMMISSION STAFF REPORT AUGUST 2, 2005 PAGE 3 of 8 PROJECT TITLE: TENTATIVE PARCEL MARNO. 33525 "FOR CONDOMINIUM PURPOSES ", AND INDUSTRIAL DESIGN REVIEW�NO.12005 -02 FOR J &S DEVELOPMENT BUSINESS PARK. driveways providing access 'to the front and rear of the proposed buildings. The loading areas for each building will' be located out of or" screened from public view. Landscape benning will be provided along Chaney and Minthom' Streets to screen the parking areas. The proposed site plan meets the requirements of the Lake Elsinore Municipal Code (LEMC). The overall ratio of building area to lot area is approximately thirty nine percent (39 %). Pursuant to the City of Lake Elsinore's General Plan Business Park Land Use, a forty percent (40) floor area ratio (FAR) is allowed: P The applicant is.providing 171 parking spaces (171 required) including 13 compact spaces and 10 handicap spaces, complying with the ADA requirements and the LEMC Parking Requirements. It should be noted that eight percent (8 %) of the total number of parking spaces is allocated for compact parking,` to date the LEMC' allows up to a maximum of 25% compact parking within commercial and industrial developments. In addition, � these. compact spaces are identified .as "modified" compact spaces. The applicant is proposing compact spaces at nine feet (9) in width,. ' rather than a standard eight foot (8)-width allowed by chapter 17.66 of.the LEMC. Further, all parking spaces will be double striped: L� The applicant is proposing to provide sixteen percent (16 %) of the project site as landscaping.. This, exceeds the minimum landscaping coverage requirement of eight percent (8 0/6), as required by Section 17.54.090.0 of -the LEMC. A minimum of -five percent .(5 %) of the landscapingiwill be located within the parking and driveway areas per Section 17.66.100.D of the LEMC. yrWIRI The applicant is proposing to construct ten (10) pre -cast concrete (tilt -up) buildings ranging in size from 4,069 square feet to 8,152: square feet, for a total building-area of 58,654 square feet. Each building will have a standard entrance door, and either a twelve. foot (12) or fourteen foot-(14) roll- up door. �A standard sized loading space (Type A 12'. x 20 or Type B -:12'x 40) designated for loading purposes only will be provided for each unit. The architecture'of' the proposed buildings is consistent with the industrial projects in the area.., Each unit's entrance. incorporates a two and a half -foot (2.5) recessed glass tower element emphasizing -the office area of the unit. This elemenrwill provide visual relief and shadowing. 1 The glass tower will utilize reflective glass to compliment.the remaining building. The applicant is.also ^ incorporating a large metal awning over the office entrance doors and'selected windows. PAI 2005 -02I &S Development\PC Staff Report.doc AGENDA ITEM N0. PAGE -2'1 OF S PLANNING COMMISSION STAFF REPORT AUGUST 2, 2005 PAGE 4 of 8 PROJECT TITLE: TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES ", AND INDUSTRIAL DESIGN REVIEW NO. 12005702 FOR J &S DEVELOPMENT BUSINESS PARK. The roof line of the pop- out,;tower element is two feet higher than the main building roof line, providing.,more 'articulation to an otherwise straight or, flat roof line. In addition, rectangular spandrel glass panels are proposed along the top portion of the buildings, between the metal awnings and roof line to add architectural interest. Colorand Materials t Finish materials for the building exteriors include color treatments as well as score lines to create horizontal and vertical visual interest. The proposed buildings will incorporate windows, as well as rectangular spandrel glass panels strategically placed below the roof line. The maximum building height is identified as 30 feet, which will be compatible to adjacent industrial buildings. ANALYSIS • . Staff understands that the generation of employment. opportunities is a high priority of the City, and that this commercial and limited manufacturing 'complex has the potential,of creating the need for additional employment. - Further, the proposed complex has been found in conformance with all applicable development standards of the LEMC..I i addition; the project has been designed. with enhanced architectural characteristics such as raised parapets, varying color treatments and materials, `•r' and wall breaks to create interesting building elevations. Staff feels that the proposed project will compliment the existing development in the surrounding area. ENVIRONMENTAL Pursuant to.the California'Environmental Quality Act, (CEQA), this project has been deemed, exempt pursuant to Section 15332.b.i Section 15332.b of the CEQA.exempts In -Fill DaVop u . Proi+te'Gs• RECOMMENDATIONS It is recommended that- the Planning Commission adopt Resolution.No. 2005- recommending to the City Council approval of Tentative. Parcel Map No. 33525 "For Condominium Purposes "; and Resolution No. 2005- recommending' to the City Council approval, of Design Review 12005-02 based the following Findings, Exhibits `A' thru J' and proposed Conditions of Approval. , . FINDINGS - TENTATIVE PARCEL MAP 33525 "FOR CONDOMINIUM PURPOSES" 1.' The proposed subdivision, together with the provisions. for the design and improvement, are consistent with the�Gerieral Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the,State Subdivision Map Act. P: \I - J 2005- 02&S Development \PC Staff Report.doc AGENDA ITEM N0. pAGE OFF PLANNING COMMISSION STAFF REPORT– AUGUST 2, 2005 PAGE 5 of 8 PROJECT TITLE: '- TENTATIVE PARCEL MAP NO.33525 "FOR° CONDOMINIUM PURPOSES ", AND INDUSTRIAL DESIGN REVIEW NO. 12005-02 FOR J &S 'DEVELOPMENT BUSINESS PARK. The prolert is alUistent uiht the &si&wted'Icmd use pkainhig ana,'dhvkpnmt and design standards, and all- other appropriate re7mvrmts contained in the General Plan, Zamzg Cade, City Municipal Code,. and Sine nsiaz Map Act. 2. The proposed subdivision is compatible with the objectives; policies,' general land uses -and programs specified in the General Plan (Govemment Code Section 66473.5). The p vpat is co isistent with -the land use plan, dadoprern and design standin is and progrcmzs, and all other appmprbte regwnments contained in hbeGeneral R/m. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents; and'the available fiscal and environmental resources' have been considered and balanced. The proj ct is consistaawith the City's General Plan and Zaznzg Cale, will pio ickneassary public senWiEs and facilities, will pay all appropriate firs, and will not result many a&vrse env arno- ml vrrprcz 1 4. The design' of the subdivision provides to the greatest, extent possible, for future passive or natural heating or cooling opportunities iri'the subdivision (Government Code Section 66412.3). The projezwdl mm{l'yzvith all appropriate cxmnation concur mw& of the City and Lhzifomz Building Cade. FINDINGS - DESIGN REVIEW NO.I-2005 -02 1. The project, as.approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Industrial Design Revierei lasted at the northteest comer of Minthom and C7raney Straus cmnpries urth the goals and objectizes of the General Plan, in that the amoral of this m7nrrcial and li &%1 rrraurfacturing husiness canjdex will assist in arhieuing the dez� of a aced] -Wxza d and*ctim d mix of reside", catvremd, bnduutnal, open space, rarrutional and institutiond land uses as zredl as auouraA industrial land uses to dzzersify Lake Elsmom's emnaw base. 2. The project complies with the design directives contained in Section 17.82.060 and all. other, applicable provisions of the Municipal Code. 7be proposed Industrial Design Reuiery /orated at the northriest comer of Mirtthom and Chaney Strcots is appropriate to the site and sunucmdrng dhVbprnns in that the propasad commirid and lnrrilerd nzartufacumng business cwvkx has been designed in consideration of the size crud shape of the proderty, thereby cmatnzg interest and vary T vistas as a person waxes akng the stra t. - Further- the prokrt as paposed wX cartplerxnt thequality . of existing dezelopn" and udl curate a visually pleasing, nonWetrac= relatiarslnp beam the proposod and P: \I_2005- 02_J &S Development \PC Staff Report.doc AGENDA ITEM 3 OF PAGE — .y PLANNING COMMISSION STAFF REPORT - AUGUST 2, 2005 PAGE 6 of 8 r 1 PROJECT TITLE: TENTATIVE PARCEL MAP NO.33525 "FOR .:CONDOMINIUM PURPOSES , AND INDUSTRIAL •DESIGN REVIEW NO. 12005-02 FOR J &S DEVELOPMENT BUSINESS PARK. existing pnnlxts in that the ardii=a Tal design, color rued material and site designs proposed endma a conwn for qu dity and originality.. a, t 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant: adverse environmental impacts. Pursuant to the California Enmurrxwd Quality Act (CEQA), the proposed Industrial Design Reinety lacatal at the nortbmi.corner of Minthom and O� Stroets, as reuietetrl and conditional by ad applicable City Divisions and Depxirbrrarts and Agencies, will not hart; a signiftcant # ton dx anvurnrxw pursuant to Artide 19 (Categorical Exemptions) and Somon 15332 (In -Fill Development Projects). 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Loning 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 Sxtiavi 17.82.070 (Action of the Planning Carmussion) of the Lake Elsinore Municipal Cade (LEMC), the proposed. Industrial. Design Real w hated at the nordkerst comer of Minthoin and CAv?ey Streets has � schtrlulal force isideration and app vu-d by the Plarm C.crrnrassiaz �•s/ Prepared by: Reviewed by: Approved by: ATTACHMENTS A. Coury, Associate, Planner A. Manager,' V E.xhibit'A' Location Map,; Exhibit 'B' - Tentative Parcel Map No. 33525 "For Cotidominiurn Purposes" Exhibit'C' Site Plan's Exhibit'D' Building Elevations Exhibit 'E' ;, Preliminary Grading Plan .. Exhibit T' • Preliminary Landscape Plan Exhibit 'G' Full Size Exhibits Exhibit `H' Colored Site Plan (presented at hearing) Exhibit 'I' Colored Elevations (presented at hearing) Exhibit 'J' Color and Materials Board (presented at hearing) ' • ' PAI_2005 -02 J &S Development\PC Staff Report.doc AGENDA ITEM NO. PAGE � I OF CJ ^ RESOLUTION NO. 2005-99 ( 1 A RESOLUTION OF.THE PLANNING COMMISSION OF, THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. APPROVAL OF TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES" WHEREAS,^ an : application has been (filed with the City. of Lake. Elsinore by J&S Development, LLC, to request approval of a Tentative Parcel Map "For Condominium Purposes" for the establishment, of a commercial and limited manufacturing business park • and related improvements, and " WHEREAS; the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS,•public notice'of said application-has been given, and the Planning Commission, has considered evidence presented by the :Comrnunity Development Department and other interested parties at a public hearing held with respect to this item on August 2, 2005. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed subdivision (TPM No. 33525), prior to making a decision to recommend that the City Council approve the proposed Tentative Parcel Map "For Condominium Purposes" for the establishment of a commercial and limited manufacturing business park. The Planning Commission finds and determines that this project is exempt from the requirements of CEQA, pursuant to-.Section 15332.b (In -Fill Development Projects) which exempts infill projects 5 acres or less. SECTION 2. That in accordance with State of California Subdivision Map Act, and the City of Lake Elsinore the following findings for the approval of Tentative Parcel Map No. 33525 "For Condominium Purposes" have been made as follows: 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is crosistent with the designated hind use planning area, dkvkpn" and design stmxlards, and all other appropriate requirerrarts cwxUW& in the General Plan, Zoning Cade, City Muni* d Code," and Subdim n Map Act 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). AGENDA ITEntA NO.__., PAGEOS OF .y RESOLUTION NO. 2005-99 PAGE 2 OF 2 The pajeet is cwswmt with the land use plan, dadoprxw and design standards and programs, and aff other appropriate m7wrm z crwainez' w ibe General Plmz. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The pw,ra is carisistent with the City's General Plan and Zwmg Cade, will pro nde na�ssary public seruites and facilities; wdipay all appropriate fees, and will not msult in any adierse enrmavranal in*wt C The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). 7hepgectwrl1 cw#ywith all appropriate cwzwnutiwz requirunents of the City and Uniform Building Code. NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES-HEREBY RECOMMEND that the City Council of :the City of Lake Elsinore approve Tentative Parcel Map No. 33525 "For Condominium Purposes ". Ron LaPere, Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning.Commission at a meeting thereof conducted on August 2, 2005 by the following vote: AYES: Commissioners: LAPERE, ONEAL, GONZALES, LARIMER, FRANCIA NOES: Commissioners: ABSENT: „ Commissioners: ABSTAIN: Commissioners: ATTEST: Robert A. Brady, Secretary to the .. - Planning Commission AGENDA ITEM PAOEO �0r RESOLUTION NO. 2005-100 -: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, . .CALIFORNIA, RECOMMENDING CITY COUNCIL, APPROVAL. OF INDUSTRIAL DESIGN REVIEW NO. 2005 -02, TO BE LOCATED AT THE NORTHWEST CORNER, OF . MINTHORN AND CHANEY" STREETS FOR A PROJECT KNOWN AS,J &S DEVELOPMENT BUSINESS PARKi, WHEREAS, an application has been filed with the City of Lake Elsinore by J&S Development, LLC, to request a Design Review of IndustrialTroject No: 2005 -02 for a Commercial and Limited Manufacturing Condominium Business. Complex consisting of ten (10) buildings totaling 58,654 square feet; and WHEREAS, the Planning Commission of the City of lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the Design Review of industrial projects; and . .y 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 - meeting held with respect to this item on August 2; 2005. " NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION l.: The Planning Commission has considered the proposed request for the Industrial Project No. 2005 -02 prior to making a decision to recommend that the City Council approve the proposed. commercial and limited manufacturing business complex. The Planning Commission finds and determines this project is'. consistent with the Lake Elsinore Municipal Code and that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332.b, In-Fill lkt�Pro)fm;, SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code the following findings for the approval of have been made as follows: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located:. The proposed Industrial Design Rawur located at the nordmw comer of Mintixmz and CYxa Streets cmrplies with. dv goals and objertru -5 of de .General Plait, rn that tlae approwl' of this com7orral and lvrtrtai " mufacunvtg business cwo x will assist in adxevM dye darkp rou of a ieell- brrlvm and functravml mix of residential, cmrerrrcid, industrial, opal space, mclmnonal and institutional land uses as ue# as enrowagmg industrial land uses to &m3ify Lake Elsrnom's aaxn rc Lase. 2. The project complies with the design directives contained in Section. 17.82.060 and all other applicable provisions of the Municipal Code. AGENDA ITEM NO PAGE, OF f RESOLUTION NO. 2005-100 PAGE. 2 OF 3 The proposed Industrial Design Rmew located at de nordmust comer of Minth mt and Chaney Streets is appropriate to A site and sunumdirig dadopmw in that the proposed con? rial and limiwd manufacvnirrg beams cwt, Dk has bat designed in censideratio i of the size and shape of dx property, thereby awing interest and zwy g vistas as a pen m moms alang the street. Further the project as propose will comolarou the quality of existing dadopromu and udi anite a visually piezM noncle mtrw rv1awrs1xp h vuen the propel and existing pm,txts in that the ardntecti ral design, color andrmterial and site designs proposederndaue a content for quality and originality. 3., Subject to the attached Conditions of Approval, the proposed project is not anticipated toxesuk in any significant adverse environmental impacts. . Pursuant to the C.ahfb ma Enviranraatal Quality Act (CEQA), the proposed Industrial Design Rmew locate! at dye nordxvw corner of Mintboin and Chaney Streets, as 7ernewd,and concktiatel by all applicable City Dixon andDeptrnnm& and Agencies, will not haiea signifumit effect on the emvirairne t pursuant to Article 19 (Categorical Exemptions) and Section 15332 (In -Fill Development.Projects). 4: Conditions and safeguards pursuant,- to Chapter 17.82.070 of the .Zoning Code, including guarantees and, evidence of compliance with' conditions, have been incorporated into the approval of the subject project to ensure: development of:the propertyin accordance with the objectives of Chapter 17.82. Pursuant to Scc a 1782. 070 (Actwn of the Pk n-wC Cam fission) of tle Lake Elsinore Municipal Code (LEMC), the pnVoW Inch6trial Design Rmety located at the nortkeest comer of Minthom and a ntey Streets has been schaiuledforansideration and app o" the Planning Cmimission ..NOW, THEREFORE, based on the above Findings, the Planning. Commission of the City. of Lake Elsinore DOES HEREBY RECONIMF_.ND TO THE CITY COUNCIL APPROVAL of Industrial Design Review No. 2005 -02. Ron;LaPere, Chairman . Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission it a meeting thereof conducted on August 2, 2005 by the following vote: AYES: NOES: Commissioners: Commissioners: ABSENT: ': Cormnissioners:r ABSTAIN: Commissioners: LAPERE, ONEAL, GONZALES, LARIMER, FRANCIA. (..t) `.6) AGENDA ITEM NO. - PACE OF RESOLLJTION NO. 2005- PAGE. 3 OF 3 GENERAL The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless 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 advisory agencies, appeal boards, or legislative body concerning the subject project located at the northwest corner of Minthom and Chaney Streets, which action is bought within the time period, provided for in California,. Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES" ry 2. The Tentative Parcel Map No. 33525 "For Condominium Purposes" will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3. The Tentative Parcel Map No. 33525 "For Condominium Purposes" shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of Tentative Parcel Map No. 33525 "For Condominium Purposes ", the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, loading and unloading zones, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility it f structure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. 6. No lot or unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate tinder recorded CC&R's which shall include compulsory membership of all owners of lots and /or dwelling units and flexibility of assessments to AGENDA ITEM N()---q 1 PAGE iJ CF_=1,�, CONDITIONS OF APPROVAL Page 2 of 8 (� TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES", AND INDUSTRIAL DESIGN REVIEW NO. 2005-02 meet changing costs 'of. maintenance,' repairs,•: and services. 'Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence'of compliance with>this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to. land dedicated to the City for public purposes. d 7. , Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants ;.conditions and restrictions for each project. INDUSTRIAL DESIGN REVIEW NO. 2005-02 8. Design review approval for Industrial Project No. 2005 -02 will lapse and be void unless building pemtits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. . 9. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. r: t 10. All site improvements approved with this request shall be constructed as tindicated on the approved site plan and elevations. Revisions to approved site plan or building elevations shall be subject to the review of the Community Development Director." All plans submitted for Building Division, Plan Check shall conform with the subrnitted•plans as modified by; Conditions of Approval, or the Planning Commission /City Council through subsequent action. 11. Structures shall be placed on -site as depicted on the site plan and/or as modified by the Community - Development Director or. designee. 12. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 13. The Planning Division shall approve construction trailers utilized -during construction. All construction trailers shall require a $1,000.00 cash bond for each. 14. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 15. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `A' loading zones (12' x 20) and Type `B' loading zones (12'. x 40). . 16. Any alteration or expansion of this Design Review approval shall be reviewed according to the AGENDA ITEM NO. PAGE , ,OF i CONDITIONS OF APPROVAL Page 3 of 8 TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES", AND / INDUSTRIAL DESIGN REVIEW NO. 2005-02 �✓ provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code.. 17. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 18. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the•building. 19. All exterior downspouts shall be concealed or architecturally screened and painted to match,the exterior color of the building as approved by the Community Development Director or Designee. 20. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 21. All building signage shall comply with the Sign Program submitted to the Planning Division. 22. No outdoor storage of any materials /merchandise is permitted with this application. All outdoor storage shall be subject to the approval of a Conditional Use Permit pursuant to Chapter 17.74 (Conditional Use Permits) and Chapter 17.54 (Commercial Manufacturing District) Section 17:54.040(A) (Outdoor Storage): 23. 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. 24. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2) apart. 25. Provide a 12 -inch concrete paver along the side of parking stalls that are adjacent to,planters (paver to include curb width). . .. - 26. Applicant shall meet ADA (Americans with Disabilities Act) requirements. : 27. No exterior roof ladders shall be permitted. 28. All service and loading doors shall be painted to match the building. 29. On -site surface drainage shall not cross sidewalks. PRIOR TO BUILDING /GRADING PERMITS 30. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the' executed original to the Planning Division for inclusion in the case records. AGENDA ITEM N0._o� PAGE OF CONDITIONS OF APPROVAL Page 4 of 8 TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES ", AND INDUSTRIAL DESIGN REVIEW NO. 2005-02 3.1: Priorto grading permit, a final Landscaping Plan shall be submitted to the Planning Division for review and approval 32. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultants 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 .y forty feet (40)'apart and at least twenty- four -inch (247) box in size. c) All planting areas shall be separated. from paved areas with a six inch (6 ") high and six inch (6 ') wide concrete curb: d) Planting within fifteen feet (15) of ingress /egress points shall be no higher than thirty - /1 six inches (36 "). e) Landscape planters sh . fl iie.planted with'an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. fl" Any,transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as pan of the landscaping plan. g) The landscaper 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' stallation'sign -off by the City.- Release of the landscaping bond shall be requested by the applicant at the end of the required. two years with- approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas'shall include plantings in the Xeriscape' concept;' drought tolerant grasses and plants. 1) Final landscape plan must be consistent with approved site plan. 1 k) Final landscape plans to include planting and irrigation details. AGENDA ITEM NO.� PAGE 3 j.OF� x _y CONDITIONS OF APPROVAL Page 5 of 8 TENTATIVE PARCEL MAP. NO. 33525 "FOR CONDOMINIUM PURPOSES ", AND INDUSTRIAL DESIGN REVIEW NO. 2005-02 33. Applicant shall : comply. with the requirements of the Elsinore, Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 34. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit: 35. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. f M. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. i 37. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 38. The applicant shall at all times comply with Section. 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 'ENGINEERING' 39. All Public Works requirements shall be complied with as a condition of development as specified in the Lake ElsinbreMunicipal Code (LEMC) prior to ibudding permit. 40. Dedicate full half width street right -of -way conforming to. the General Plan Circulation Element. Dedication along Chaney' Street shall be such that the. full half width measured from the centerline to property line is 50 -feet, and 30 -feet on Minthom Street: ' 41. Construct full. half .width :street improvements on Chaney and Minthom Streets. Half width roadway, improvements shall be 40 4eet from centerline to curb face for Chaney Street, and 20 -foot roadway improvements on Minthom Street.;' Construction of sidewalk and landscaping shall also be constructed for the project frontage street improvements shall be completed,-or cash in lieu shall be submitted, prior to certificate of occupancy. 42. Provide a.drive aisle stub,to the,undeveloped property adjacent to the north/northeast. The drive aisle shall be constructed to stub to the property line of the adjacent parcel. A reciprocal access agreement. shall be provided to the adjacent property to.,be processed at the time of their development. 43. Provide a .reciprocal access agreement with .the 'existing adjacent property to provide additional circulation and access. The agreement shall be recorded prior to the issuance of building permit. 44. 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 applying for a building permit. ,• . , AGENDA ITEM N0._ PACE 4 _OF �( 5 \.i/ CONDITIONS.OF APPROVAL Page 6 of 8 " TENTATIVE PARCEL MAP NO' 33525 "'FOR CONDOMINIUM PURPOSES", AND INDUSTRIAL DESIGN REVIEW NO. 2005-02 45. Arrangements for relocation 'of utility company facilities (power'poles, vaults; etc) out of the roadway or alley shall be the responsibility of the property owner or his agent. 46. Provide fire protection facilities as required in writing by Riverside County- 'Fire. 47. In accordance with the' City's 'Franchise Agreement for waste'disposal & recycling, the applicant shall be required to contract with'CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 48. Provide easement agreement for ingress and aggress through adjacent properties. 49. Public right -of -way dedications'and easement shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval_, prior to issuance of building permit. 50: The driveway aisles shall be designed so that at least 40 ft. is available' between the street curb and the first parking stall in order to provide adequate on -site storage for entering vehicles. 51. Street improvement plans and-specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street and at top of curb; as well as grading contours to 50' beyond the'-property limits. 52. If the existing street improvements are to be modified, the existing street plans on file shall be modified' accordingly and approved by the City Engineer prior to issuance -of. building permit. An encroachment pemnt will be required to do the work. 53. Work done under an encroachment permit for off -site improvements, shall be delineated, on the street improvement plans and approved' and signed by the City Engineer prior to`'issuance of building permits. 54. Pay all.fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off- site''public works improvements '(LEMC12.08,' Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. . 55. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 112" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved: 56. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance.' 57.' Apply and obtain a grading permit' with appropriate security prior -to building permit' issuance. A grading plan'signed and stamped 'bya Calif. Registered Civil Engineer shall be required if the grading AGENDA ITEM NO.� PAGE 3S OF I�_ CONDITIONS OF APPROVAL Page 7 of 8 TENTATIVE PARCEL MAP NO. 33525"FOR CONDOMINIUM PURPOSES ", AND / \ INDUSTRIAL DESIGN REVIEW NO. 2005-02 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. 58. Applicant to provide erosion control measures.as part of .their grading plan. The applicant shall contribute to protection of storm water . quality and meet,the goals of the BMP in Supplement "A" m,the Riverside County NPDES Drainage Area Management Plan. 59. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings;.and walls, .60. An Alquisit -Priolo study, shall be, performed on the site to identify any hidden earthquake faults and /on,liquefaction, zones present on -site. -A certified ,letter. from a registered geologist or geotechnical engineer shall be submitted confirming the sence of this hazard 61. On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage, easement. 62. All'natural drainage. traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the. City Engineer. 63. Submit Hydrology. and Hydraulic Reports for review and, approval by City Engineer prior to �•✓ 1. issuance of grading permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and /or diversion of drainage. 64. The developer shall incorporate into the project plans combination of Site Design BMPs, Source control BMPs and Treatment Control BMPs to address the potential Pollutants of Concern identified for the project, as required by NPDES requirements for industrial and commercial projects within the San Jacinto „and Santa Ana River Watersheds.. These new requirements all for on -site Water Quality Management Practices (WQMP's). On -site Filters specialized, in removing specific pollutants from your site must be "in place to filter runoffs prior to entering any. city storm - drain facility. 65. The developer shall incorporate into the CC&R of the industrial condominium specific, requirements and funds; for periodic maintenance and/or replacement of-the BMP system by, the Property Owners Association as required by manufacturer, and accepted by the City Engineer. 66. The developer must• submit a •conditional, letter of map revision, (CLOMR) to. FEMA prior to issuance of building permits. A letter of map revision (LOMR) must be approved from FEMA prior to occupancy. 67. Meet all requirements of LEMC 15.68 regarding floodplain management. Finish floor elevation of all buildings shall be a minimum 1 -foot above the 100 -year flood elevation as shown on the applicable FEMA ,FIRM maps. ,Any fill placed in,the 100 -year flood plane, for the purposes of elevating the �,•�J building floor out of the flood plane shall require a LOMB -F.to be processed with FEMA., , AGENDA ITEM N0. PAGE_ ? _•OF CONDITIONS OF APPROVAL - Page 8 of 8 TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES ", AND INDUSTRIAL DESIGN REVIEW NO. 2005-02 68.-The developer to provide FEMA-elevation certificates prior to issuance of certificate of occupancies. 69. Developer shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP that, will be implemented for the development and including maintenance responsibilities. 70. Developer shall obtain approval from, Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan Prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP that will be, implemented for the development and including maintenance responsibilities. -y 71. 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. ( 72. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), traffic uniform mitigation fee (TUMF), encroachment permit fees and inspection fees associated with the project and its development. 73. The City of Lake Elsinore has. adopted ordinances for stormwater management and discharge control. In accordance with state and federal law, these local sormwaier ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non - stormwater discharges containing oil, grease, detergents, trash, 'or other. waste remains. Brochures of "Stormwater Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system or waterways - without Regional Water Quality Control Board permit or waver is strictly prohibited by local ordinances and state and federal laws. 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J un A I map. Aid 40 MR65 �iEIII�I��Nd 3!I %f��3�%i�i6L'- 4'##:i9d — — -- r3zsau#sa�szr466sa� iDais Hoare i U. d s i1w sir m 7 i' 4 a q$ R5,3gp[, 3 € t f 4S Jii $ s i"U 8 lO F W Z' W s 2 cc 0' Fr z i ,F. AGENDA ITEM N0. nAPc L/' � AF _ DIY i l s I 1 tl wiwi' �LJ3J.IH�H}' _ scw���uws�jaH� LNi ssn a? MUM LT a�U M .)ses��as� -lips, 12-- - --- --- --- T c's xxea€ e'iz _F It 'ilij is f {� 7 rdn HUM W 2 W Z i _Z 3 AGENDA ITEM NO nnrc LI Ci OF �.— 12-- - --- --- --- T c's xxea€ e'iz _F It 'ilij is f {� 7 rdn HUM W 2 W Z i _Z 3 AGENDA ITEM NO nnrc LI Ci OF �.— r""� .y 1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND,CITY COUNCI,L FROM: ROBERT A. BRADY CITY MANAGER DATE:,. AUGUST 23,:2.005, SUBJECT: COTTAGE LANE SPECIFIC PLAN APPLICANT:. BART HORNSTEIN; WESCO HOMES, 20100 S. WESTERN AVENUE, TORRANCE, CA 90501 REOUEST The applicant requests approval of: • Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP) • : Mitigated Negative Declaration No. 2005 -02 • ,Cottage Lane Specific Plan No. 20.04_ -01 • Tentative Tract Map No. 32996 • Residential Design Review No. 2005 -06 BACKGROUND, The applicant `submitted the project iri'mid.September, 2004. In January, 2005, a Neighborhood Meeting was -held at which several` residents expressed concerns regarding traffic impacts and vehicular access for the proposed project::. Following .the Neighborhood'Meeting staff has received numerous letters and telephone calls from nearby:residents expressing concerns and opposition to the proposed project. In addition, there have been extensive discussions that Ulla Lane remain a "private street ". The residents have indicated opposition to any additional traffic or access being taken across this "private street'. U:\kcoury\SP_ 2004 -01 Cottage Lane(Wesco Homes) \CC Staff Report.doc Agenda Item No._ Page t of / 3 2- REPORT TO THE CITY COUNCIL August 23, 2005 / \ Page 2 of 3 As a matter of background, Ulla Lane was offered to the City for dedication as a public road over twenty years ago, however, the City did not accept the dedication. With legal counsel from the City Attorney, the City has determined that the offer of dedication for a public street is still an offer that can be accepted by the City (see attached exhibit). City staff recognizes that the dedication as a public street for Ulla, Lane would provide the project two points of ingress and egress for the project, therefore relieving the burden of carrying full vehicular traffic and circulation impacts for the project. I - I 1 1. ' On June 24, 2005, 'the applicant presented the proposed Specific Plan project to the Planning Commission. The Planning Commission expressed concerns with the project relative to access and circulation. The Planning Commission directed the applicant, the adjacent property owners and staff to work together to resolve these issues. The Planning Commission moved to continue the project to the July 19, 2005 Planning Commission meeting. In response, staff met with the applicant to discuss and resolve ' the identified Planning Commission concerns. Although the applicant agreed to implement a gated access system at the terminus of Ulla Lane; staff continued to recommend that the Planning Commission approve the project as presented with no gate. Although, staff understands the concerns of the residents of Ulla Lane, as well as the neighboring properties, the project is better served with unrestricted access -from both Ulla and Tiller Lanes Finally, at its regular meeting of July 19, 2005, the Planning Commission recommended approval of the project as presented without a gate system and adopted Resolution No. 2005 -87 recommending to the City Council adoption of MSHCP Consistency Findings; Resolution No. 2005 -88 recommending to the City. Council' adoption of Mitigated Negative Declaration No. 2005 -02; Resolution No. 2005 -89 recommending to the City. Council approval of Cottage Lane, Specific Plan No. 2004,- 01 ; Resolution No. 2005 -90 recommending to the City Council approval of Tentative Tract Map No. 32996; and Resolution No. 2005 -91 recommending to the City.Council approval of Residential Design Review No. 2005 -06, (PC. Minutes, Staff Report, . Conditions of Approvai "Resolution, and Exhibits attached). DISCUSSION Items of discussion were related to the previously mentioned issues, as well as site design and architectural detail of the proposed project. The Commission expressed Q.) U: \kcoury \SP_ 2004- 0I_Cottage Lane(Wesco Homes) \CC Staff Report.doc Agenda Item No. —P Page 2 of (32- REPORT TO THE CITY COUNCIL /-� August 23, 2005 l Page 3 of 3 l .y satisfaction with the design and layout of the proposed project. It was the unanimous consensus of the Planning Commission to accept staff's recommendation of approval as proposed,.with no gate. RECOMMENDATION The'Planning Commission recommends that the City Council approve the following applications based on the Findings, Conditions of Approval and Exhibits. J. Resolution No. 2005 Species Habitat Cons( 2. Resolution No. 2005 -_ 3. Resolution No. 2005 -_ 4. Resolution No. 2005 - 5. Resolution No. 2005 adopting Firidings .of Consistency with the Multiple ;rvation Plan (MSHCP) , adopting Mitigated Negative Declaration No. 2005 -02. adopting Cottage Lane Specific Plan No. 2004 -01. adopting Tentative Tract Map No. 32996. adopting Residential Design Review No. 2005 -06. /� \\ PREPARED BY: KIRT A. COURY, ASSOCIATE PLANNER APPROVED FOR AGENDA BY: 1. City Council Conditions of Appro 1 2. City Council Resolution No. 2005 -_, adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP):. 3. City Council Resolution No. 2005 -_, adopting Mitigated Negative Declaration No. 2005 -02 4. Ordinance No. 2005 -_, adopting Cottage Lane Specific Plan No. 2004 -01 5. City Council Resolution No. 2005 -_, adopting Tentative Tract Map No. 32996 6. City Council Resolution No. 2005= , adopting Residential Design Review No. 2005 -06 7. Planning Commission .Minutes, Staff Report, Resolutions,. Conditions of Approval, and Exhibits from the June 21; 2005 and July 19, 2005 meetings Wicoury\SP_2004- 01_Cottage Lane(Wesco Homes) \CC Staff Report.doe Agenda Item No. Page 3 of 15 2 .4✓ 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 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 advisory agencies, appeal boards, or legislative body concerning. the subject project, which action is bought within the. time period provided for in California Government Code Sections 6500.9. and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such' claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City: y SPECIFIC PLAN NO. 2004-01 ; 2. The Draft Cottage Lane Specific Plan shall be revised to incorporate any,corrections and changes required'by.the Planning Commission and /or City'Council. A Final Cottage Lane Specific Plan document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit.shall be issued until the Cottage Lane Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee. 3. Future development shall comply with those standards and guidelines contained in the Cottage Lane Specific Plan document. 4. Those issues, standards, guidelines, etc. not addressed in the Cottage Lane Specific Plan will revert to the City Municipal Code and /or Zoning Code in effect at the time future projects are proposed. 5. The applicant shall participate and,annex into the.City:of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. - M 6. The applicant shall provide all project- related onsite and offsite improvements as' described in the Cottage Lane Specific Plan document. 7. The applicant shall ,implement, those mitigation :measures identified in Mitigated Negative Declaration No. 2005 -02 and its Mitigation Monitoring Program. 8. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and constriction activity. Site preparation activity and'construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 9. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development-Department. AGENDA ITEM NO.�_ PAGEL N OF 13 L CONDITIONS OF APPROVAL Page 2 of 10 COTTAGE LANE SPECIFIC PLAN TENTATIVE TRACT MAP NO. 32996 10. The Tentative Tract Map No. ,32996, will expire two. (2) years from date, of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. . 11. The Tentative Parcel Map No. 32996 shall comply with the State of California Subdivision Map Act and shall comply with all applicable. requirements of;the Lake. Elsinore_ Municipal -Code, Title 16 unless modified by approved Conditions of Approval. 12. Prior to final certificate of occupancy of. Tentative Parcel Map,No. 32996, the improvements specified herein and approved by the Planning . Commission and the Ciry,Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other, stated conditions shall be complied with.. All uncompleted improvements must be bonded for as part of the agreements. . , 13. Prior to approval of the Final Map or if deemed appropriate by the City Engineer, prior to issuance of building permit, the. applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place.: All Association documents shall be ( approved by.City Planning and Engineering and the City Attorney and recorded, such as the Auricles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs shall include language to ensure the following conditions: . RESIDENTIAL DESIGN REVIEW NO. 2005-06 14. Design Review approval forResidential Project No. 2005 -06 will lapse and be void unless a building permit is issued within,one (1) year of•the approval date. An extension of time, up to one (1) year may be granted by the Community Development Director prior to ,the expiration of the initial Design Review approval upon application -,by the developer and payment of required fees'one (1) month prior to expiration. 15. All construction shall comply with these Conditions? of Approval and those provisions and requirements contained in the Cottage Lane• Specific Plan and Municipal; Code, prior to issuance of certificate of occupancy and release: of utilities. 16. All site improvements shall be constructed as indicated on the approved building elevations and site plan for the model home complex. .. 17. Future site plotting and construction shall be consistent with these Conditions' of Approval, those conditions approved with Tentative. Tract Map No. 32996 and those provisions and requirements contained in the Cottage Lane Specific Plan and Municipal Code, subject to approval by the Community Development Director or designee. AGENDA ITEM NO.00O PAGE S OF 1.7 Z CONDITIONS OF APPROVAL Page 3 of 10 COTTAGE LANE SPECIFIC PLAN 18. Future site plotting and construction within Tentative Tract Map No. 32996 shall comply with the standards and requirements of the Single - Family Residential area (SFD 4000), as defined by the Cottage Lane Specific Plan. Future site plotting shall be shown on precise grading plans, subject to approval by the Community Development Director or designee. 19. Prior to first certificate of occupancy for the models, the applicant shall prepare for City approval an exhibit that shows which side and rear elevations will be provided with architectural enhancements for the Residential Project No. 2005 -06 area. 20. All weep screeds shall be a maximum4hree inches above any hard surface and four inches above any earth surface. - . 21. Any'revisions to approved site plans or building elevations 'shall be reviewed and• approved by the . Community Development Director or designee. 22. Materials and colors depicted on the materials board 'shall be used unless modified by the Community Development Director or designee. 23. Provide a flat concrete pad or area a minimum of, 3'- 0" by 7'- 0" 'adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or designee. Precise grading Plans shall identify the location of the aforementioned flat concrete pad and air conditioning units: 24. 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 and public right -of -way. The applicant shall obtain street addresses for all production lots prior to issuance of certificate of occupancy. ' 25. 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 Engineering Manager. 26. The applicant shall comply with all applicable City Codes and Ordinances. 27. Prior to issuance of building permit, building plans for the Model Home Complex shall comply with all American Disabilities Act (ADA) requirement's,' including provision of a handicapped- accessible bathroom. 28. A cash bond of $1,000.00 shall be required for the Model Home Complex.' This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the Model Home Complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. AGENDA ITEM No.� PAGE (i OF 13 L CONDITIONS OF APPROVAL Page 4 of 10 l COTTAGE LANE SPECIFIC PLAN n 29. A cash bond of $1,000.00 shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 30. A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds will be released after- removal ='of trailers, subject to the approval of the Community Development Director or designee. 31. The applicant shall pay school fees' to the Lake Elsinore Unified School District prior to issuance of building permit. 32. The project shall connect to sewer and meet-all requirements of the Elsinore Valley Municipal Water District (EVMWD)., The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 33. The desigri and construction of the project shall meet all County Fire Department standards for fire protection. 34. All mechanical 'and electrical equipment shall be ground mounted. All outdoor ground or wall mounted utility equipment 'shall be' architecturally screened along with: substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permit. 35. All front yards and side yards on comer lots shall be properly landscaped with automatic (manual or electric) irrigation system to provide 100 percent plant and grass coverage using''a combination of drip and conventional irrigation methods. The final landscaping /irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development D ' d ' AZ d Pl° t k f ill b b d rior to final lands 'a royal uector or esrgnee. an scape an c ec ee w e c arge p pe pp based on the Consultant's fee plus 40 percent: 36. The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum of 30 feet apart and arleast 24 -inch box in'size. 37. Planting within 15 feet of ingress /egress points shall be no higher than 36 inches. 38. 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. Ii . . .. , 39. All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. 40. All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. AGENDA ITEM NO. PAGE OF 1 3 Z CONDITIONS OF APPROVAL Page 5 of 10 COTTAGE LANE SPECIFIC PLAN / \ 41. One of the proposed lots of the Model Home Complex shall be Xeriscaped and signage provided �J identifying Xeriscape landscaping. 42. The Final landscape plan shall be consistent with any approved site and /or plot plan. 43. The Final landscape plan shall include planting and irrigation details. . 44. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion 'Control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. 45. Prior to issuance of budding permit, the applicant (master.developer) .shall prepare a Community- Xiide Wall Plan for. the project,,subject to approval by the Community Development Director or designee. 46. The applicant shall prepare a Wall and Fencing Plan, for the area comprising Design Review No. 2005 -06 in compliance with the fencing standards within the Zoning Code Section 17.14.130.13 Prior to issuance of any building permit, and subject to the approval of the Community Development Director or designee. • Said plan shall-,comply with .City standards and details. for fencing and also include design of a perimeter, decorative block wall. 47. Fences located in any front yard shall not exceed three feet in height with the exception that ( ) wrought -iron fences maybe five feet in height. Chain link fences shall be prohibited. `+✓ 48. Garages shall be constructed to provide a minimum of 10' x 20', of interior clear space for two cars for a total interior clear space of 20'. x 20'. „ 49.,Prior to issuance.of any'precise grading permit, or building "permit, the applicant.shall sign and complete an "Acknowledgment of Conditions" and shall:.return the executed original to the Community Development Department for inclusion in the case records. 50. These Conditions of Approval shall be reproduced on.subsequent building plans prior to issuance of building permit. 51. The Homeowner's Association shall maintain all project improvements and facilities, including the project streets, landscaping, park facilities, and drainage improvement's. 52. Applicant shall comply with the requirements of the Elsinore Valley Municipal:Water, District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval: 53. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit., `. 54. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. AGENDA ITEM NO.. PAGE OF 3 2 CONDITIONS OF APPROVAL Page 6 of 10 COTTAGE LANE SPECIFIC PLAN 55. Prior to issuance of,building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met: 56. Prior to issuance of building permits, 'applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 57. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. . ENGINEERING . 58. Dedicate full half width right -of -way for Ulla Lane adjacent to the project boundary. Dedication shall be for 30 -feet measured from the centerline of Ulla Lane to the project property line. Dedicate full width right -of -way within the project boundary. Full width right-of-way.-shall be 60- feet. . 59. Construct full half width street improvements for Ulla Lane within the project limits. 60. Proposed pavement adjacent to the existing Ulla Lane shall measure 18 -feet from the-centerline to the proposed project curb face. - n61. Paving of'off -site Ulla Lane shall extend from the existing edge of pavement to the southerly (Saul's) property line. Construct a City standard asphalt dike extending from the curb return on Machado Street to the proposed project,curb face improvement. Connection between the AC dike and the proposed curb face shall be on the same alignment. 62. A Caltrans Standard edge line shall be located one -foot from the face of the AC dike and shall be shown on the proposed signing and striping plan. 63. Construct anmtersectioir.radius on the.southwest comer of Machado Street and Ulla Lane. Construct an intersection radius on the northeast comer of Machado Street and Tiller Lane. Design shall be approved by the City Engineer or designee. 64. Dedicate full width right -of -way for Tiller Lane within the project limits. Dedication shall be for a width of 50 -feet. 65. Construct full width street improvements on Tiller Lane. Street improvements shall be, for 36 -feet from curb -to -curb and shall reflect the current conditions found at Tiller Lane @ Keel Drive (i.e. sidewalks shall be continued on proposed Tiller Lane). Design shall show connection to the existing street section northwest of the projeculimits. 66. Off -site improvements on Tiller Lane shall include paving adjacent to the existing edge of pavement such,that the full. width, curb face to edge of'pavement is 31 -feet. AGENDA ITBA N0. �( n PACE OF ' / 33 2— CONDITIONS OF APPROVAL Page 7 of 10 COTTAGE LANE SPECIFIC PLAN `.✓ 67. Construct an AC dike at the new edge of pavement along the northerly right -of -way (Saul's property) line.- "No Parking" signs shall be posted along the northerly right -of -way line. A,white edge line shall be marked adjacent to the face of the AC dike on Tiller Lane., 68. Lot Wand Tiller Lane shall interseccas a City, Standard Knuckle. 69. All slopes shall be graded no steeper than 2:1. 70. All slope drains shall be conveyed to an approved drainage course. 71. All street grades shall not exceed nine percent (9 %) unless otherwise approved by the City Engineer., 72. Pay all development fees, including area drainage, TIF and TUMF. 73. Provide permission to grade and permission to construct improvements from the adjacent property owner as applicable, unless previously submitted: 74 In the ecntt that dozenstmmn flarlcaztrd fadlities will notacmpt riumaserl no off, that dx applr=shall pmvt& for &=non ofsomuaternmz offgmater 6= the existing taw7puad camitm Outlet of deouim faczlity shallle anztevwithva& ffm, dimtionandcharacterofthehistonc )%w (Amoudfll7 /19/2005). Appheant shall ef detentien facility shall be eensistent with veltune, direction and eha_metpi: of thp histeiie 41pv, 75. 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.: . 76. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 77. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District Number 1 and CFD 2003 -1. 78. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 79. 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.. . 80. All utilities except electrical over 12 kv shall be placed underground, as approved,by the serving utility. 81. 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 AGENDA ITEM NO._,Z_ PACE 1 v OF 1 3 2 CONDITIONS OF APPROVAL ^ Page 8 of 10 COTTAGE LANE SPECIFIC PLAN grading permit shall still be.obtained so that a cursory drainage and' flow pattem_inspection can be conducted before grading begins. 82. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing',compliance with recommendations. 0. 83. 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. 84. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (,EMC) prior to final map approval. 85. Underground 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. 86. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26): 87. 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. 88. 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). 89. Street improvement plans and specifications shall be prepared by Calif. Registered Civil Engineer. Improvements shall be designed and constructed to City of Lake Elsinore Standards, and City Codes (LEMC 12.04 and 16.34). 90. Applicant shall enter into an agreement with the City for the construction of public. works improvements and shall post the appropriate bonds prior to final map approval. -91. Interior streets shall be designed with 9% as the desired grade and. intersecting streets shall meet at a maximum grade of 6 92. Pay all fees and meet requirements of encroachment permit issued Eby the Engineering Division for construction of public works improvements (I EMC 12.08 and Resolution 83 -78). 93. All compaction. -reports, grade certifications, monument certifications (with tie notes delineated on 8 'h" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 94. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a /1 location to be determined by City Engineer. 95. All grading shall be done under the supervision of -a geotechmcal. engineer and he shall certify all AGENDA ITEM NO.��� PAGE OF (3 2 CONDITIONS OF APPROVAL 2 - Page 9 of 10 COTTAGE LANE SPECIFIC PLAN slopes steeper than-2 to l' for stability and proper erosion control.'All manufactured slopes greater than 30 ft. in height shall be contoured ' - '.. . 96. On -site drainage facilities located outside of goad right -of -way should be contained within drainage easements shown on the final map., A note should be. added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 97. 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. 98. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 99. Meet all requirements of LEMC 15.68 regarding floodplain management. 100. Unless reports are- already on file, submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and /or erosion caused by development of site and, diversiomof drainage. 101. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 102. 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 landscaped area: 103. Ten (10) year storm runoff should be contained within the curb and the 100 year storm runoff should be contained. within the •street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 104. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants,from entering the watershed. 105. Unless previously submitted, the applicant shall provide the city with proof of his having filed a_ Notice- of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan Prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 106. Education guidelines and Best Management Practices (BMP) shall be provided' to residents of the development in the use of herbicides, pesticides,' fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan.: 107. Unless previously'completed; the applicant shall provide first flush %BMP's using the best available AGENDA ITEM NO._<_—A.� PAGE z OF f 3 L a l� W CONDITIONS OF APPROVAL Page 10 of 10 COTTAGE LANE SPECIFIC PLAN technology that will reduce storm water pollutants from parking areas and driveway aisles. 108. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. . I AGENDA ITEM NO.__ PAGE 13 pp ! ? Z CONUT ApPROVAL __Tl()Ns o . r P.M f 41t: I CRJ t No, FIRECONDS 19- UtNERAL CONDITION ; jjZE. %AH'1'MI'.N ':i - l, LYE. CASE - CITY CASE STATEMENT page:, I re 4,e -hcl. ,cc oLpproval for r ref- f-jert:,, - reLcnmmends the _cl pyoj �j;�qt, the -Fire Department .,,i ,,w 1xq fire pprotection protection measures be grovid ed=- ITT� wlEh Riverside V",,.j[j;zed f-,rre- -protection stanch MAP--450-BLUE DOT REFLECTORS, --,-.-troretlective pavement markets iihaTj bia-mourmed-0-h streets, - diCaLe�' of must-b�-A-Pxouled--by -the- Riverside County Fire of MAP•-816-HYDRANT/SPACING --I! - d'A I f_ire pXotection approved standard fire It,2 -1/2j located­ one at, n-acll'srxeel� �6�X4 --In --.'-feet --apayt.-Tn jen and apzt�.na- more than -6- a--jV dir.,Crlorl, witil-rTryportiolr'o-V tyon"ge• lMw3XL- k(O�C fett 'fr= -a Irfdrant ' i4iiTrmum -fire --f ';FFf 1� -Z V, WOO -2-hCK�dllr-kti� at gL- -sUaLl.xnc7lvd-, perimeter streets: -at. each -lmtex&0ct!0n and �paaed "D fett af)'4 rt. I'Riollz 'I',, MAP RECORDATION ;-jtp- I)FaARTMENT --MAP-4" --ldATER -21ANS Tr, -applicant or developer shal-r furnisli On+ copy -f'the system plan, to- the -Fire DePaf tMUn -tvf rev?'ea: shall be. S a.; lano-a FiY6'7DePzwrtM'eTM-al'Pro—" hydrAn cinq� �wgi -rlQn, sL� t- t-yPe-, 10c 'nln;lftl;T fire f jow,Cnc�e _plzas -axe _rj_qnLd by the -local Walt . e rompsay, the _or gimaIs sha-11 be presented for signature. -DRAFT DRAFT DE AFT (-.0) AGENDA ITEM NO. PACE OF 13 2- %lC `Zfo! - ....Riverside- COunty IIMS °age: 2 .CQal=Tr)NS-DF,.BPTRD37AI, - - L.• iR.F(YlPlnf. - P -aYOel r;4 i!RIOR. "fj MAP RECORDATIYN .- CAF lFb3 £CS SSTB. PRZQR /CQMEUS DRAFT _,p ❑just_be. Stamped by the Riverside County SuiveyOr- - w Io-I!owing_ note -: The required- water.. System.. - in:rludin f ire hydrants, Shall- be instalred'and "acc'ept ed' °b7'.• h. pp; prriate- 'water agency prior .'tn. -any - bustTtr3e. . material placed on an individual lot. Nei. P!!l.pi2 TU 131,L1G PRMT ISSUANCE f 7.kc DEPAR!'MF.N3. - W _ .. = MAR =450C _T.RAG'I'._ kATF -R VERIFICA. DRAFT -° 'e equ i.red water system, including all Lire hydr an- -t - �,,, -;; },.- )nstal -led and- rice *ea by "e appropriate - water ay.- t:c:y ind the Riverside County. Fire' Department Prior- t ,-- an.v. u st ilile- "tiui'13ang_matey'ia Y-' placed"on ��n im3ivi'dna-i..- i. Ccnttarr- the`Riverei3e° ,County -Fire "Department -_ux -. i I Nc� h - -rnc;uir�d'- -l- ire'-f3<rrP, ^- ti.r -?eG: v glr5:, -- 311 - wezcrht�r.. and -al l, access aWa5 secondary Approved water en -rst- hP a ° the job .- site - ... Gty.(LAk EN. Plan. ang Divirvon 130 S. Man Sum Lake Eh6om CA 92530 (909) 67x3124 (909) 4741419 Lu RequestforRe view and Comments To: ® city manager a .. ® County Fire Department 0 EVMWD ® Assistant GtyMarager ❑ County Planning Department ® LELED Z Director of Community Development - ❑ County Health Department_ (0 SCE ' ® Director of Community Services [I Riverside Transit Agency ' 0 Veriwn ® Director of Administrative Services [I City of Canyun Lake ®The Gay Company' ® Engineering Manager ❑ Caltrans District k 8 ® Comcast Cable Co: • Build'ing & Safety, .Manager - ❑ US. Postmaster - ® CR&RDisposal • Planning Manager ❑ U.S. Fish & Wildlife Services - ® Elsinore Water District ® LE. Police ❑ US. Army Corp of Engineers ® Mosquito & Vector Control ` ❑ CA Department of Fish & Game .- ® Riv. Coat tyFlood Control District Date: March 14, 2005 From Kin Cottry, Associate Planner (951) 674 -3124 ext. 274 Email: kcoury@lake- elsinore.org Proiect Title: R No.2005 -06 (please refer to this number when responding) Applic Jeff Morstein/Wesco Homes 20100 S. Western Ave., Torrance, CA 90501 Owner. Iesle Family Trust Project Descri- ption: Design Review consideration of a 48 Single Family Homes including a Model Home Complex. )erect Location The subject site is located northwest of Riverside Avenue, southeast of Machado Street, and north of Grand Avenue. APN: 379-050-025,026,379-050-007, 379 - 050 -024 Reoxbl Apri/4, 2005 CRS. 897 Comments: The configuration of the loading zone for the accessible parking must be reversed so that it is on the passenger side the vehicle. The loading zone must be 8' feet wide to comply with a van accessible stall. Show location of accessible restruom facilities for sales office. ..6/ Date: —April 5 2005 Name /Tide: —Robin Q1 pi_mn / Building & Safety Manager Telephone: 674 -3124 ext. 226 Signature: Request for �Retdewand Comments -Form No. PD 2000 -27- Revised A- AGENDA ITEM No.__ Page I of I PACE 0 4 OF Z neral Manager -Chief Engineer 'o- °ey `OD�f- - t RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX 71561.1 ATY OF LAKE ELSINOH, (�1 RIVERSIDE COUNTY FLOOD CONTROL RECEIVED AND WATER CONSERVATION DISTRICT FEB y _ 2005 City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 PLANNING DEPT. Attention: 1 -112 -T eov.F,-`I Ladies and Gentlemen: Re_ . SP rho. CTTf" 3zg4G� The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases'are normally limited to items of speck interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general natures provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way- constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: No comment- This project would not be impacted by ,District Master Drainage_ Plan facilities nor are other facilities of regional 'interest proposed. X This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. r J�sc VLxu-.l.n,�E Mop %_Irj,5 P.'. ' This project proposes channels, storm drains 36 inches or ' in diameter, or other faalities that could be consdered regional'in nature and/or a logical extension of the adopted Master Drainage Plan. The District would consider accepting ownership of suc ac"'ies on wn en request of the City.. Facilities must be constructed to District' standards, and District plan check and inspection will be 1 required for Oistnct acceptance. Plan check, inspection and administrative fees wilt be required. This project is located within the limits of the District's V 0S i htrSlrJorzt6 Area Drainage Plan for which drainage fees have been adopted; applicable fees Should a paid by cashier -s check or money order only to the Flood Control District or City prior to issuance of building or gradin g permits whichever comes first. Fees to be paid should be at the rate in effect. at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the Slate Water Resources Control Board. Clearance for grading, recordation, or other final approval should not be given until the City has determined that the project has been granted. a permit or is shown to be exempt If this project involves a Federal Emergency Management Agency (FEMAI mapped flood plain, then the City should require the applicant to provide all studies calculations, plans and other information required to. meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other fnaf approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this protect, the City should. require the ap�licent to obtain a Section 1601 /1603 Agreement from the California Department of Fish and Game and a Clean Water "Act Section 404 Permit from the U.S. Army Corps of Engineers, or written con-espondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. '^) E'�F°Pc- tt�..t {iEw.ttT ..>Mtl l.. Very truly �iyours, �P�T7frr.1�4 FfltL Pa•I'( vJow.K. G %'Licc�Za < - .Jt�l�- stt,rDrssn -lct' tZlbtlT ;ot`,vJft�(�It' .. gilt vtsllctc ( FrCti tE>"S . ARTURODIAZ �t=5f t� -SU�bR tAop S.,Cr" rr16(+3roc- cry 4Senior Civil Engineer c: Transportation and Land Management Agency '.'Date: ^ Attn: Greg Neal ( Ae r AGENDA ITEM.NO. PAGE L2 OF /3 L Gry d Lilo Ebio Planning D, vi, ion il6iuca ' Inc Ebi.R, MC 31 91570 (951) 14199 (95Q IJ1 -I -H19 fu RECEIVEI` MAR 21 2005 RECEIVED, PLANNING DEPT MAR 17 2005 LN.M.w.U. ENGINEERING DEPT, E.S. / \ Request for Re Tic Wand Comments �J E,-a x y y ®City Manager ® County Fire Department N. EVMWD 141k.`,,V�17K I"CYfCt haT�ilCalib C MLL() ys -;; s`Corrunttgtt3T" mn1Ipat 1� °e g�Lll' � ITyale41 % -s.. 'OL �L� Y i fa' `"f'S�n' i b `.d iz _ z r ON, .' � "'T "� � �J.t•{! Y-C i T��` t � 1 � YS zfC � � 1 NY�S'�S4 Ap15gr 'r - ---- ".A". v. ' 'sac iaY.sk ® Engineering Manager . ❑ Cahrans District H 8 ® Corncast Cable Co. ® Building & Safety Manager ❑ US. Postmaster ®CR&R Disposal y ®City Manager ® County Fire Department N. EVMWD - ® Assistant City Manager ❑ County Planning Department ® LEUSD ® Director of Coaununity Development ❑ County Health Department ® SCE --- ' -° Director of Co Services ® rtutnmity ❑Riverside-Transit Authority ®Verizon (D Director of Administrative Services ❑ City of Canyon Lake ® The Gas Company ® Engineering Manager . ❑ Cahrans District H 8 ® Corncast Cable Co. ® Building & Safety Manager ❑ US. Postmaster ®CR&R Disposal • Planning Manager ❑ US. Fish & Wildlife Services ® Elsinore Water District - - • L.E. Police ❑ US. Amy Corp of,Engineers ® Mosquito & Vector Control - ❑ CA Department of Fish & Game ❑ Other. - . Riv. Cotmry Flood Control District - Date: March 14, 2005 From: Kit Coury, Associate Planner - (951) 674 3124;'ext. 274 E -mail: iscour301alte- elsinore.org Project Title: R No. 200,5 -06 (please refer to this number when responding) •. - • licara: _ Jeff �Morstein/Wesco Homes 20106 S. Western Ave., Torrance, CA 90501 - Owner. lisle FamiyTtust , Project Descrip tion: Desigri Review consideration of a 48 Single Family Homes including a ModelHonie Complex Pmj=Location:' The subject site is locaed northwest of Riverside Avenue, southeast of Machado Street, and north of Grand Avenue - APN: 379-050-025,026,379-050-007,379-050-024 Bcp&b . Apri14, 2005 CRS:• 897 WNWENIS :(aatiasTarareslzu%nxtswj WATER AND SEWER IS AVAILABLE.'CONSTRUCT FACILITIES PER DISTRICV APPROVED PLANS. REQUEST WILL SERVE LETTER. Date: 3/18/05 Narne /Title: '_ CHER ,QUINONES, ENG COORD Telephone: 674 -3146 e -mail: Signature: �- Request for Renew and Convnents - Form No. PD 2000 -27- Revised" AGENDA ITEM N0. o�P Page 1 of 7 PAGE ZY OF (3 L cry n(r�r6imn _ P /arming D�ou ion UOS. Mom Seen - - ' Request for Re vie w and Comments LAI - EkiroR, 31 92530 , (9)471 -141124 (951)4]1 -1419 na To: y NCity Manager N Assistant City Manager - N Director of Community Development H Director of Community Services tetbr of AdmLaistrative Services N Engineering Manager N Budding & Safety Manager N Planning Manager �\ N L.E. Police i r N County Fire Department ❑ County Planning Department ❑ County Health Department . ❑ Riverside Transit Authority ❑ City of Canyon Lake ❑ Cahrans District N 8 ❑ U.S. Postmaster ❑ U.S. Fish & Wildlife Services ❑ U.S. Army Corp of Engineers ❑ CA Department of Fish & Game N Riv. County Flood Control District . ®EVMWD N.LEUSD ` N SCR N Verizon N The Gas Company N Comcast Cable Co. N CR&R Disposal N Ekinore Water District N Mosquito & Vector Control ❑ Other. Date: March 14, 2005 From Kin Coury, Associate Planner (951) 674 3124, em. 274 E -mail: kcoury@ lake- elsinore.org Project Title: R No. 2005 -06 (please refer to this number when responding) licant: - Jeff Morstein/Wesco Homes 20100 S. Western Ave., Torrance, CA 90501 Owner. Lesle Family-Trust Project Description Design Review consideration of a 48 Single Family-Homes including a Model Home Complex. Project Locatiore The subject site is located northwest of Riverside Avenue, southeast of Machado Street, and north of Grand Avenue. APN: 379-050-025,026,379-050-007,379-050-024 Renxbv ApV4,1005 CRS.• 897 GDNQVENPS:.(auad2asgxmueshmif �% �Gi�� Date. �++ -, 'g Nmne /Title: lI t Telephone: e -mail: Signature: -'Request for Review and Convnents - Form No. PD 2000 -27- Revised A) AGENDA ITEM N0. Page 1 of 1 PACE L�' OF tf �- DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2003 -1 Prior to issuance of the first building permit, the applicant shall annex into Community Facilities District 2003 -l'to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Annex into LLMD No. 1 Prior to issuance of the first building permit, the applicant shall 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 - off -way for which the City will pay for electricity and a, maintenance fee to Southern California Edison. Fire Station Impact Fee and Other Impact Fees Upon completion of the Fire Station Impact Study and other impact fee studies, Developer shall pay impact fee: AGENDA ITEFA NO; PAGE 20 Op g AGENDA ITEM NO 1 in` Q,Ct RESOLUTION NO. 2005- f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING "FINDINGS OF CONSISTENCY WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN 'AS THE COTTAGE 'LANE SPECIFIC PLAN LOCATED NORTHWEST OF RIVERSIDE AVENUE, SOUTHEAST OF MACHADO STREET, AND NORTH OF GRAND AVENUE, •, BETWEEN ULLA AND TILLER LANES WHEREAS, Bart Hornstein, Wesco Homes, has submitted application(s) for Mitigated Negative Declaration No. 2005 -02, Specific Plan No. 2004 -01, Tentative Tract Map No. 32996; and Residential Design Review No. 2005 -06, for the "Cottage Lane Specific Plan'; and WHEREAS, Mitigated Negative Declaration No. 2005 -02, Specific Plan No. 2004 -01, u Tentative Tract Map No. 32996;, and Residential Design,Review No. 2005 -06 together comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code,§ 21000,.et seq., which is defined as an activity, which may cause either a direct physical change.i,n. 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 f WHEREAS, a'Mitigated..Negative Declaration for the.subject project has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, public notice of said project 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 August 23, MO. SECTION. 1., The City. Council has, considered.-the proposed Mitigated Negative Declaration No. 2005 -02, Specific Plan No. 2004 -01, Tentative Tract Map No: 32996; and Residential Design Review No. 2005 -06. The City Council finds and determines that the project known as the Cottage Lane, Specific Plan is consistent with all of the required procedures, policies, guidelines and provisions of the MSHCP based on the following findings: MSHCP CONSISTENCY FINDINGS 1. The proposed project'is a.project under the City's MSHCP Resolution that must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, because the proposed project requires a number of discretionary approvals from the City and is subject to CEQA review, it must be reviewed for MSHCP consistency, which entails for the proposed project determining whether ii is subject to the City's LEAP process, consistent with the Protection of Species P: \SP. 2004- 01_Cottage Lane(Wesco Homes) \CC RESO MSHCP.doc AGENDA ITEM NO. -; mil! _ PAGE 21 OF 13 Z CITY COUNCIL RESOLUTION Page 2 of 4 SPECIFIC PLAN NO. 2004-01 FINDINGS OF CONSISTENCY MSHCP �•s� 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 Survey Needs and Procedures (MSHCP, § 63:2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.3.2), Vegetation Mapping (MSHCP, .§ 6:3.1) requirements, Fuels Management. Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4).. 2. The proposed project is subject to the Joint Project Review process. The footprint of the project site is not tocaied within an MSHCP Criteria Area, and therefore, would not be subject to the Joint Project Review process.. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines: No riparian, 'riverine, vernal pool /fairy shrimp habitat and other aquatic resources were' identified on th'e'protiosed project site. Asia result, no further MSHCP analysis or conservation measures are required. 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 Survey Areas. Therefore, a habitat assessment is not required for Narrow Endemic'Plant Species. The proposed project has been determined to be consistent with the Protection of Narrow Endemic Plant Species Guidelines. + 5. The proposed project is consistent with the Additional Survey. -Needs and Procedures. The project site does not fall within the Burrowing Owl Survey Area. In addition, it was determined that the species is not expected ,to occur on -site due to the lack of suitable habitat. The project: is therefore consistent with . the Additional Survey Needs Requirements: 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The proposed project does not preclude the Urban /Wildlands Interface Guidelines, in that the proposed project does not interface with an Ur_ ban /Wildlands area. The project site is not within or adjacent to any MSHCP criteria or conservation areas. The proposed project is therefore consistent with "the Urban /Wildlands Interface Guidelines: 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the entire project site has been mapped. This mapping is sufficient under the: MSHCP and is consistent with the MSHCP. In addition, a habitat assessment was conducted for compliance with the MSHCP. The project site' is not within or adjacent to any MSHCP criteria or conservation areas. The project site does not provide P:\SP_2004- 01_Cottage Lane(Wesco Homes) \CC RESO MSHCP.doc AGENDA ITEM NW PAGE Z2- OF f 9 2- IN CITY COUNCIL RESOLUTION Page 3 of 4 SPECIFIC PLAN NO. 2004-01 FINDINGS OF CONSISTENCY MSHCP riparian /riverine or vernal pool habitat. The project site currently consists of undeveloped land that has been highly disturbed through weed abatement and agricultural practices. No sensitive plant or animal species were identified as potentially occurring onsite during the habitat assessment. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project does not preclude the Fuels Management Guidelines of the MSHCP. Accordingly, 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 y Development Mitigation Fee at the time of issuance of building permits. 10. The proposed project overall is consistent with the MSHCP. The proposed project complies and is consistent with all of the required procedures, policies, and guidelines of the City's MSHCP Resolution and the MSHCP. The applicant has made revisions to the project or has agreed to specific conditions, which would avoid 1 the effects or mitigate the effects of the project to a point where no significant effects would occur. f- 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 Multi- Species Habitat Conservation Plan Findings of Consistency hereof be adopted. PASSED, APPROVED AND ADOPTED this 23`d day of August 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore P: \SP_2004- 0I_Cottage Lane(Wesco Homes) \CC RESO MSHCP.doc AGENDA ITEM NO. 5?ko PAGE_ 2-3 OF 13 Z i CITY COUNCIL RESOLUTION Page 4 o(4 SPECIFIC PLAN NO. 2004-01 FINDINGS OF CONSISTENCY MSHCP ATTEST: Frederick Ray, Deputy City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) P: \SP 2004- 01_Cottage Lane(Wesco Homes) \CC RESO MSHCP.doc AGENDA ITEM NO PAGE OF_LZ—I-- III RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005 -02 FOR THE'-PROJECT KNOWN AS 'THE COTTAGE LANE SPECIFIC PLAN LOCATED NORTHWEST OF ` RIVERSIDE AVENUE, SOUTHEAST OF MACHADO STREET, AND NORTH''OF GRAND AVENUE, BETWEEN ULLA AND TILLER LANES WHEREAS, Bart Hornstein, Wesco Homes; has submitted a request to adopt Mitigated Negative Declaration No. 2005 -02 for the project known as "Cottage Lane Specific Plan'; and WHEREAS, Mitigated Negative Declaration No. 2005702 has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, public notice of said project 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 August 23, 2005. SECTION 1. The. City Council has considered the proposed Mitigated Negative Declaration No. 2005 -02. The City Council finds and determines that the project known as the nCottage Lane Specific Plan is consistent with all of the required procedures, policies, guidelines and provisions of the California Environmental Quality Act (CEQA) based on the following findings: FINDINGS- MITIGATED NEGATIVE DECLARATION I. Revisions in the project plans or.proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and The applicant has made revisions. to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Report Program. P : \SP 2004 -0] Cottage Lane(Wesco Homes) \CC RESO MND.doc AGENDA ITEM NO.� PAGE 2 f OF t 17- CITY COUNCIL RESOLUTION Page 2 of 2 MITIGATED NEGATIVE DECLARATION NO.- 2005-02 PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that Mitigated Negative Declaration No. 2005 -02 hereof be adopted. PASSED, APPROVED AND ADOPTED this 23`d . day of August 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: 'COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Qw) Robert Magee, Mayor City of Lake Elsinore ATTEST: U Frederick Ray, Deputy City Clerk , P: \SP_2004 -0I Cottage Lane(Wesco Homes) \CC RESO MND.doc AGENDA ITEM NO.�^ PAGE —2(f OF 131- `.d (� .y n f , ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN NO., 2004 -01 .CHANGING THE ZONING DESIGNATION OF THE PROPERTY GENERALLY LOCATED NORTHWEST OF RIVERSIDE AVENUE,' SOUTHEAST OF MACHADO STREET, AND NORTH OF GRAND AVENUE, BETWEEN ULLA'AND TILLER LANES FROM R -1 SINGLE FAMILY RESIDENTIAL DISTRICT AND R 72 MEDIUM DENSITY RESIDENTIAL DISTRICT T,O SPECIFIC PLAN UNDER THE ZONING ORDINANCE . WHEREAS, Bart Hornstein, has initiated proceedings to change the zoning designation of the subject property generally located northwest of Riverside Avenue, southeast of Machado Street, and north. of Grand Avenue, between Ulla and' Tiller Lanes from R -1 ` Single Family Residential District and R -2 Medium Density Residential District to Specific 'Plan; and WHEREAS, the Planning Commission of the City of Lake,Elsinor& at a regular meeting held on July 19, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of said Specific Plan No. 2004 -01 by adopting Planning Commission Resolution No. 2005 -89 recommending to the City Council approval of Specific Plan No. 2004- 01; 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 August 23, 2005;, NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY ORDAIN as follows: SECTION 1. The City Council has considered the proposed Specific Plan No. 2004 -01, prior to making a decision to approve the proposed amendment to the Land Use Designation and establish a Zoning Designation. The City,Council finds and determines that'Mitigated Negative Declaration Tlo. 2005 -02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act, (CEQA) which analyzes environmental effects of the proposed project and recommends. City Council certification, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of in Lake Elsore the following findings for.the.approval.of Specific Plan No., 2004-01 have been made as follows: _. 1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. P: \SP_2004- 01_Cottage Lane(Wesco Homes) \CC RESO Change of Zone Ordinance.doc AGENDA ITEM N0,_ �LQ PAGE 2 "1 OF 1 3 L .y CITY COUNCIL ORDINANCE Page 2 of 3 SPECIFIC PLAN NO. 2004-01 The proposed Zone Change has been analyzed relative to its potentiality to be detrimental to the he safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed project. Staff, concluded, based on the Traffic Study, that the Level of Service for the intersections in the Study Area will not be degraded as a result of the mitigations and conditions of approval placed on this project as well as the ultimate goals and objectives of the General Plan Circulation Element. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, ,staff has concluded that the requested Zone Change, allowing the development,of the subject Specifc,Plan project is consistent with GOAL 1.0 of the General Plan Housing Element, obligating the City to provide "decent housing opportunities and a satisfying living environment for:residents of Lake Elsinore SECTION TWO: ZONING RECLASSIFICATION This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing; reclassifying and rezoning the following described property, to wit: generally located northwest of Riverside Avenue, 'southeast , of Machado Street, and -north of Grand Avenue, between Ulla and Tiller Lanes from R -1 Single Family Residential District and R -2 `Mediuth Density Residential' District to Specific Plan. Approval is based on the following: 1. The proposed Zoning is consistent with the Goals, Policies, and Objectives in the General Plan. 2. The proposed Zoning is consistent with the General Plan and the various land uses authorized by the Ordinance. are compatible with the objectives, policies; general land uses, and programs, specified in the Plan. (Government Code Section 65860). 1 Reasons why the City has considered the effect of Zoning Ordinances ''on the regional housing needs in which the City is located and how the City has balanced 'the se needs `against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 65863.6). P: \SP 2004- 01_Cottage Lane(Wesco Homes) \CC RESO Change of Zone Ordinance.doc AGENDA ITE 4 �J. PAGE 2_$Z- ._. 0ry .r 3 (.r) CITY COUNCIL ORDINANCE Page 3 of 3 SPECIFIC PLAN NO. 2004 -01 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'mmmer required by law. INTRODUCED AND APPROVED UPON FIRST READING_ this 23`d day of August, 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: .y ABSTAIN: COUNCILMEMBERS IN n PASSED, APPROVED AND ADOPTED UPON SECOND.READING this 27'h day of September, 2005, upon the following roll call voter AYES: COUNCIL MEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST. Frederick Ray, Deputy City Clerk Robert Magee, Mayor City of Lake Elsinore APPROVED AS TO FORM: - Barbara Zeid Leibold, City Attorney City. of Lake Elsinore (SEAL) PASP_2004- 01_Cottage Lane(Wesco Homes) \CC RESO Change of Zone Ordinance.doc AGENDA ITE?A NO. — PAGE 7,1 OF 13 7 RESOLUTION NO. 2005 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, , CALIFORNIA . APPROVING TENTATIVE TRACT MAP NO. 32996 FOR THE COTTAGE LANE SPECIFIC PLAN 'LOCATED NORTHWEST OF RIVERSIDE AVENUE, " SOUTHEAST OF MACHADO STREET, AND NORTH OF GRAND AVENUE, BETWEEN ULLA'AND TILLER LANES WHEREAS, Bart Hornstein, Wesco Homes, has initiated proceedings to " approve Tentative Tract Map No. 32996 for the project known as the Cottage Lane Specific Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on July 19, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of the project by 'adoptiinj Planning Commission Resolution No. 2005 -90 recommending to the City Council approval of Tentative Tract Map No., 32996; 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 August 23, 2005. NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: (`6) SECTION 1. The City Council has considered the proposed project prior to making a decision to approve Tentative Tract Map No. 32996. The City Council finds, and determines that Mitigated Negative Declaration No. 2005 -02 is adequate` and prepared in accordance with the requirements of the California Environmental Quality. Act .(CEQA),, which analyzes environmental effects of the Specific Plan and Residential Design Review, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore, the following findings for the approval of Tentative Tract Map No. 32996 have been made as follows: 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The design of the subdivision and density of 3.99 dwelling units per. acre are consistent with the General Plan designations of Low Medium and Medium density residential, which accommodates residential development up to 6 and 12 dwelling units per acre respectively. The project is. consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Cottage Lane Specific Plan,, and Subdivision Map Act. P: \SP_2004- 01_Conage Lane(Wesco Homes) \CC RESO TTM.doc AGENDA ITEM NO. r PAGE--, _O OF 1 3 2- CITY COUNCIL RESOLUTION n Page 2 of 3 TENTATIVE TRACT MAP NO. 32996 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan, and Cottage Lane Specific Plan. As discussed, the General Plan designates the project site as Low Medium and Medium Density Residential. The Cottage Lane. Specific Plan designates the project site as SFD 4000 (Single Family Density Residential, minimum 4,000 square foot lot). Tract Map No. 32996 is consistent with the SFD 4000 designation and applicable development and design standards. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental ► resources have been considered and balanced. a The project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California approval of Tentative Tract Map No. 32996. PASSED, APPROVED AND ADOPTED this 23`a day of August 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore P:ASP_2004 -01 _Cottage Lane(We §co Homes)ACC RESO.TTM.doc AGENDA ITRA N0. PAGE 7 1 pF 1 3 P: \SP_ 2004- 0I_Cottage Lane(Wesco Homes) \CC RESO 7TM.doc ' Q.0/ _ AGENDA ITEM NO. QLo PACE 31 Op 13 L RESOLUTION NO.2005- . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005 -06 'FOR THE COTTAGE LANE SPECIFIC PLAN. WHEREAS; "Bart Hornstein; Wesco Homes, has initiated`' proceedings , to approve Residential Design Review No. 2005 -06 for the project known` as the Cottage Lane Specific Plan; and WHEREAS, the Planning Commission of the. City of Lake Elsinore at a regular meeting held on July 19, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of the project by .adopting Planning Commission Resolution No. 2005- 91`recommending'to the City Council approval of Residential Design Review No. 2005- 06; 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,August 23, 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 project prior to making a decisiow to approve' Residential Design Review No. 2005 -06. 'The City: Council finds and determines that Mitigated Negative Declaration No. 2005 -02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Specific Plan and Residential Design Review, based upon the following findings and determinations: SECTION 2. That in accordance with State %Planning and Zoning law and the City of Lake Elsinore, the following findings for the approval of Residential Design Review No. 2005- 06 have been made as follows: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. Staff has determined that this project is consistent with the Cottage Lane Specific Plan and Tentative Tract Map No. 32996. Mitigated Negative Declaration No. 2005 -02 provides adequate environmental clearance and analysis for this proposed Design Review application. In addition, approval of this Design Review application will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and. institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. ^ 2. The project complies with the design directives contained in Section 17.82.060 and all other ( applicable provisions of the Municipal Code. P:\SP 2004 -01 Cottage Lane(Wesco Homes) \CC RESO DR.doc AGENDA ITEM NO. C:_�kCi_ PACE 33 OF 13 Z CITY COUNCIL RESOLUTION Page 2 of 3 RESIDENTIAL DESIGN REVIEW NO. 2005-016 As discussed, the General Plan designates the project site as Low. Medium and Medium Density Residential. The Cottage Lane. Specific Plan designates the project, site as SFD 4000 (Single Family Density Residential, minimum 4,000 square foot lot). Tract Map No. 32996 and the proposed model home complex and production units are .consistent with the SFD 4000 designation and applicable development and design standards. In, addition, the density of the proposed project is consistent with the density of the General Plan designations. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Residential Design Review for the Cottage Lane Specific Plan., as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Mitigated Negative Declaration No. 2005 -02. 4. Conditions and safeguards pursuant to Chapter 17.82.060 of the Zoning Code, including guarantees`•and evidence of compliance with conditions, have -been incorporated into' the approval of the subject project to ensure development of the property in' accordance with the objectives of Chapter 17.82. Pursuant to {Section 17.82.070. (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review the Cottage Lane Specific Plan has been scheduled and considered for approval by the Planning Commission. PURSUANT TO THE ABOVE FINDINGS; IT IS RESOLVED by the City Council,• of the City of Lake Elsinore, California, approval of Residential Design Review•No. 2005 -06: PASSED, APPROVED .AND ADOPTED this 23d day of August 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS:- ABSENT,: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City'of Lake Elsinore ' P:\SP_2004- 01_Cottage Lane(Wesco Homes) \CC RESO DR.doc AGENDA ITEM NO. PAGE 3S' OF t1 2 PAGE 2 PLANNING COMMISSION MINUTES -July 19, 2005 Co issioner Larimer stated that she ould abstain from votin o approve the Co ent Calend due to her absence at the previ s two meetings: OVED BY O'NEAL, SE NDED BY GONZAL A PASSED BY A VOTE O -0, WITH LARIMER ABS INING TO APPRO THE CONSENT CALE AR AS AMENDED. LaPere requested t all cell phones were turn during the meeting. PUBLIC HEARING ITEMS 2. Cottage Lane Specific Plan ' Chairman LaPere opened the Public Hearing at 6:10 p.m. City Manager, Brady provided a brief overview of the item and, Associate Planner Coury review it with the Commission and answer questions. Associate Planner Coury noted that the item had been before the Planning Commission on June 21, 2005. He further noted the concerns local neighborhood residents had with access and circulation as it related to the proposed project: He noted that staff had met with the applicant who was proposing a gated system to address those issues. He stated that staff supported the project with unrestricted_ access, however staff did not support the gated system proposed by the applicant. Dave Leonard, Wesco Homes, described the gate system functions and operation. He indicated that the gate would be triggered by a sensor on-the street to allow for traffic to- exit the tract and would allow access of emergency vehicles with the use of a knox box. He stated that Wesco Homes would support the project with or without the gate; and that they would take direction from the Commission. He requested modification to Condition' No.'s 60 and 61 if the gate was to be installed due to on -site improvements. He noted the, resident's opposition to the park and the proposed modifications to the area if the park was eliminated from the project. He noted that the average lot size without the park would be 6,371 square feet and the Tiller Lane lots were 6,000 square . feet as perR -1 requirements. He stated that the current average lot size for the project was 5,441 square feet. He requested that Condition No. 74 on page 34 of 105 be amended to clarify the language of the filtration basin design. He stated that he- had no further question and understood and accepted the staff report and Conditions of Approval with the requested amendments. Chairman LaPere requested that the public comments were limited to three minutes. AGENDA ITEM NO. - PAGE 36 OF PAGE 3 - PLANNING COMMISSION MINUTES -July 19, 2005 Chris Hyland; Wavecrest St., stated her opposition to the project. She stated that the map presented by the'builder was fictitious: She described the, surrounding area of the project" and the potential traffic issues.- ; Pat Kilroy, 3940 Ulla Ln., Lake Elsinore City employee, stated that Ulla Lane was a private street, but Wavecrest and Tiller Ln. were public streets. He indicated that he did not fully understand the operation of. the proposed gate; however he supported the egress gate, private park`and Ulla Ln. remaining a private street. Mary Lewis, 3820 Ulla Ln., noted that staff had not met with the residents since .the last Planning Commission Meeting. She stated that the issues mentioned at that meeting were not addressed. She stated her opposition to the widening of Ulla Ln. She indicated that the developer brought revised plans to the McDorman home.' -She detailed herconcerris : with the project and. traffic impacts. She requested a meeting with the developer, city staff and "residents and that the item was continued until a later-date. Mark McDorman, 3740 Ulla Ln., noted his opposition to the project. He noted his desire to meet with staff to address the resident's concerns. He indicated that the new high school backs up to his backyard fence. Vice Chairman O'Neal stated dthat he'received the letters from Ms. Lewis and The Law Offices of Wood and Delgado.. He in that he would not vote for the proposed ( gate. He addressed the dedication 6f Ulla Lane and concurred with the City Attorney's recommendation. He noted his support for the development. Commissioner Gonzales stated that he visited the street and spoke with staff. about the i project:' He indicated that he would like the park to remain in the proposed location. He addressed traffic and the seismic setback zone. Conimissioner'Larimer stated that she did not attend the previous meeting; however she `listened to the tape.to assist in familiarizing herself with the project and the concerns of •. the residents. She requested confirmation from Associate Planner Coury that staff had accommodated the residents. Associate Planner Coury confirmed Commissioner Larimer identified.the'residents who voiced their concerns.. She.indicated that she was in favor of the park; but she was not sure if the gate was a good idea. She stated that everybody was right from their own perspective, but they had to work together. She addressed property owner's rights to develop their property. Chairman LaPere concurred with Vice Chairman O'Neal as it relates to the gate. He stated that the park should remain in the plan and that the City should not accept the f � AGENDA ITEM NO.,C.2_ PAGE 3'l. OF 1_3 L PAGE 4 - PLANNING COMMISSION MI NUTES —July 19, 2005,, , r street dedication. He stated his:opposition to the egress gate because it pushed traffic in different directions. He further stated his support of the park because taking it out of the - plan would take it away from the neighborhood kids. He addressed the,possibility of a Neighborhood Watch system to take care of park situations. He noted that the residents were responsible people who cared about their surroundings; therefore they were apt to,.; , take care of it. He,stated that the City may not accept, dedication of the street for some time in the future. He indicated that this project would not be a win -win for everyone, but any property owner has a right to develop, their property, He further indicated that the.,, Commission intended to accommodate as many people as they could, but some failure to do that is inevitable., He noted that hemas trying to,make the best of the;present. situation. Commissioner Gonzales clarified as to the location of the model homes... -- Dave Leonard stated-that lots 44 through 46 would be the. model' home tots with access,, through Tiller Lane. He reiterated his request for modified c_ onditions. Chairman LaPere addressed Condition No. 74: Dave Leonard clarified Condition No. 74 to read In the event that downstreamflood control facilities will not accept increased run off, then the applicant shall provide for . detention of storm water run offgreater than the existing unimproved condition. Outlet of detention facility shall be consistent with volume, direction and character of the_, historicflow. (Amended 711912005) Engineering Manager Moehling confirmed acceptance of the amended condition., Associate Planner Coury confirmed that the condition would, be amended for the City. Council Meeting: Commissioner Latimer requested. that Associate Planner Coury address the concerns presented by Chris Hyland. Associate Planner Coury stated that Chris Hyland wanted there to be more discussion about the manner is which her tract would be affected by the proposed project. . Chris Hyland,stated that from the beginning, the attention was focused on Ulla Lane and , not her tract. She expressed her frustration that her tract was not discussed during the process of the project. , Commissioner Latimer requested confirmation that Chris Hyland's concerns had been addressed. AGENDA ITEM N0. c3 _ PACE 3. F OF 1.3 2- PAGE 5 - PLANNING ooNaffSSION MINUTES -July 19, 2005 Chris Hyland stated that her concerns were not addressed since the traffic would impact her tract. She provided an overview of the traffic impact on her tract. Associate Planner Coury indicated that, the applicant had done a traffic; assessment to identify the circulation and access. He stated that staff was confident that the project, as presented, served the entire area better without a gate system: There being no further business, Chairman LaPere closed the Public Hearing at 6:45 p,m. `MOVED BY O'NEAL,._ SECONDED BY GONZALES AND PASSED BY A VOTE OF 4 -0 APPROVING RESOLUTION, NO. ` 2005 -87, A RESOLUTION OF PLANNING COMMISSION OF THE CITY OF LAKE ' ELSINORE, CALIFORNIA; 'RECOMMENDING _y TO THE CITX COUNCIL ADOPTION OF FINDINGS OF CONSISTENCY WITH SECTION 6.1.2 OF THE MULTIPLE SPECIES HABITAT ' CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS THE COTTAGE LANE' SPECIFIC PLAN: t MOVED BY GONZALES, SECONDED BY O'NEAL AND PASSED BY A VOTE OF 4 -0' APPROVING RESOLUTION' NO, 2005 -88, A. RESOLUTION OF THE PLANNING"COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO.'THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF MITIGATED NEGATIVE DECLARATION NO. 2005— .02. MOVED BY O'NEAL, SECONDED BY GONZALES AND PASSED BY A VOTE OF 4 -0 APPROVING RESOLUTION.. NO.' 2005 -89, A . RESOLUTION OF THE PLANNING''COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING' TO THE CITY COUNCIL OF THE .CITY OF'LAKE ELSINORE APPROVAL' OF a; SPECIFIC PLAN NO. 2004 -01: CHANGING THE ZONING DESIGNATION OF THE PROPERTY LOCATED NORTHWEST OF RIVERSIDE AVENUE, SOUTHEAST OF MACHADO STREET AND NORTH, AGENDA ITEM 140.{ PAGE 3 q OF 1 3 2— PAGE 6 -PLANNING 001vI IISSION MINUITS -July 19, 2005 OV, GRAND.i AVENUE, BETWEEN ULLA AND TILLER LANES, FROM R -1 SINGLE, FAMILY RESIDENTIAL DISTRICT AND R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT. TO THE COTTAGE LANE SPECIFIC: PLAN UNDER THE ZONING ORDINANCE. . MOVED BY GONZALES, SECONDED BY O'NEAL.,. AND PASSED BY A VOTE OF 4 -0 APPROVING RESOLUTION NO. 2005 -90, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF - THE CITY. OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 32996 WHICH SUBDIVIDES 12.04 ACRES OF THE COTTAGE_ LANE SPECIFIC. PLAN AREA INTO 48 RESIDENTIAL LOTS. MOVED BY GONZALES, SECONDED BY LARIMER AND PASSED BY A VOTE OF 4 -0 APPROVING RESOLUTION NO. 2005 -91, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF, RESIDENTIAL DESIGN REVIEW NO. 2005 -06 FOR THE COTTAGELANE SPECIFIC PLAN 3. Conditional Use Pe `it No. 2005 -07• and mmercial Desi n eview No. 005 -05 — Bank of Am ica (Canyon Hills MarW Place). Chairman L ere opened the Public earing at 6:47 p.m. City Manager B y provided a brief ove iew of the item a\tedAssociate d Associate Planner Coury revs it with the Commissi and answer qAs ciate Planner Cou provided an overvie of .the proon the Bank of Amp i an building in the anyon Hills Marketp ce. -He the a licant had respond to staff's concern with the location of th rojecrchitec 1 design and. agree enhance the ext ' r architectural feature witk and awm s. AGENDA REIM NO._ _ S PAGE OF �3 L 0 1 1 City of LA, Ehi. P( INS ag Division 1JES.,Wn A9 UIx E09)o7 CA925]0 ( ) 471 1419 f (909) 4J1 -1419 fix DATE: Tuesday, July 19, 2005 TO: Chairman and Members of the Planning Commission FROM: Robert A. Brady, City Manager PREPARED BY:. Kirt A. Coury, Associate Planner PROJECT TITLE: Cottage Lane Specific Plan APPLICANT: Bart Hornstein, Wesco Homes, 20100 S. Western Avenue, Torrance, CA 90501 PROJECT LOCATION The project is located northwest of Riverside Avenue, southeast of Machado Street, and north of Grand Avenue, between Ulla Lane and Tiller Lane at Machado Street (Exhibit A). Access to the site is from both Ulla and Tiller Lanes. BACKGROUND On June 21, 2005, the applicant presented the proposed Specific Plan project to the Planning Commission. The Planning Commission expressed concerns with the project with relation to access, and circulation. The Planning Commission directed the applicant, the adjacent property owners and staff to work together to resolve these issues. The Planning Commission moved to continue this project to the July 19, 2005 Planning Commission meeting (Exhibit `B). Staff has met with the applicant to discuss and resolve the identified Planning Commission concerns. Although the applicant agrees to implement a gated access system at the terminus of Ulla Lane if necessary, it is staffs standing recommendation that the Planning Commission approve the project as presented with no gate. Although, staff understands the concerns of the residents of Ulla Lane, as well as the neighboring properties, the project is better served with unrestricted access from both Ulla and Tiller Lanes. Please note that since the Planning Commission meeting of June 21, 2005, staff has received a letter from a resident commenting on the proposed Mitigated Negative Declaration (Exhibit `C). AGENDA ITEM NO. , (2_ PAGE —q-t- OF 13 L i x 'Y PLANNING'COMMISSION STAFF REPORT JULY 19, 2005 PAGE 2 of 2 PROJECT TITLE: COTTAGE LANE SPECIFIC PLAN. PREPARED BY: KIRT A. COURY, ASSOCIATE PIANNER REVIEWED BY: APPROVED BY: D 7, { /1 • OB A TY MANAGER EXHIBITS Exhibit `A' Vicinity Map Exhibit `B' Planning Commission Staff Report dated June 21, 2005 Exhibit `C' Mitigated Negative Declaration comment letter dated July 4, 2005 u II N r�) PLANNING COMMISSION STAFFREPORT Planning 1705. Wo S,. E 9 2Lak, (h) .7, CA 530 , 9) 4n-10124 (�9 419 fu DATE: -.June 21;2005 % TO: Chairman and Members of the Planning Commission FROM --. Robert A. Brady; City Manager, PREPARED BY: Kirt A. Coury, Associate Planner PROJECT, TITLE: Cottage Lane Specific Plan. APPLICANT: :B4rt Hornstein, Wesco Homes, 20100 S. Western Avenue, Torrance, CA 90501. OWNER: NQe Lesle, Lesle Family Trust, 17210 Grand Avenue, Lake'Elsinore,, CA 92530. PROJECT REQUEST • Mitigated - Negative Declaration No. 2005-02 • Cottage Lane Specific Plan No.'2004-01 • Tentative Tract Map No. 32996' • Residential Design Review No. 2005-06 ENVIRONMENTAL SETTING AGENDA ITEM NO.•4:A PAGE Lt 3 OF tt;"-9 ZAP' 'K P i�""q ;Tk !i!�� NUUMIM` , - �E"i � �' '.V I g pq"!" ; i � - �1 -f 'N -X, '-v g 4 Project Vacant R-1 Single-Family Residential arid Low-Medium Density, Residential Site R-2 Medium-Density Residential and Medium Density' Residential North Single-Family R-1 Sihoe-FamilyResidential Low-Medium Residential Residential South Vacant C-P (Commercial Park) Specific Plan Area "P" East New High e-. R-1 Single-Family Residential Specific Plan Area "P" School West Multi-Family R-3 High Density Residential Medium Hi o Density Residential AGENDA ITEM NO.•4:A PAGE Lt 3 OF PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 Page 2 of 11 PROJECT TITLE: COTTAGE LANE SPECIFIC PLAN PROJECT LOCATION The project is located northwest of Riverside Avenue, southeast of Machado Street, and north of Grand Avenue, between Ulla Lane and Tiller Lane at Machado Street. Access to the site is from both Ulla and Tiller Lanes (Exhibit `A). PROJECT DESCRIPTION This project involves the City of Lake Elsinore' s adoption; of ,77x Cottage Lark- S�tifu Plmz (Exhibit '13), an infill residential project with an internal 20,000 square -foot neighborhood park. The "L"- shaped project consists of two existing lots, totaling 12:04 gross acres (9.3 net acres). The subdivision will feature 48 numbered lots and four lettered lots, resulting in a maximum density of ■ 3.99 dwelling units per acre. The application includes building designs for the 48 single - family detached residential dwelling units, with a Model Home complex consisting of three (3) production units. The 20,000 square -foot neighborhood park is planned at the approximate center of the development, to the south of the terminus of Ulla Lane. A 50 -foot easement is reserved along the easterly project boundary" for construction of an open, trapezoidal concrete channel for the collection of drainage from upstream properties, pursuant to the area Drainage Plan. r l SPECIFIC PLAN NO. 2004-01 - - .. The Specific Plan document has been designed for detached single- family residential products only. Those development and design standards and guidelines contained in the Specific Plan provide sufficient guidance to ensure all development in the Specific Plan area will be visually and architecturally pleasing. The proposed lot sizes will-range,from 4,123 to 18,112 square feet with the single - family residential dwelling units ranging in size from 2,041 to 3,325 square feet. The City has recently approved other similar small-lot subdivisions in the Canyon Hills area. The proposed detached lots will be similar in size to these other lots. TENTATIVE TRACT MAP NO. 32996 The Planning Commission is being requested to review and recommend approval of the proposed Tentative Tract Map to the City Council. Exhibit `C' presents the proposed Tentative Tract Map No. 32996 and its location. The design of the subdivision and density of 3.99 dwelling units per acre are.consistent with the. General Plan'designations of Low Medium and Medium density residential, which accommodates residential development up. to.6 and 12, dwelling units per acre respectively. The Tentative Tract Map encompasses the entire detached single- family residential area. The following describes the proposed Tentative Tract Map: 1. Proposed Lots: The Tentative Tract Map proposes 48 total lots as' follows : ' • 48 single- family detached residential lots within the Cottage Lane Specific Plana • Two lettered lots for two streets within the development. -. AGENDA ITEM No. O PAGE q-q- OF 1? L PLANNING COMMISSION STAFF REPORT JUNE 21, 2006 Page 3 of 11 PROJECT TITLE: COTTAGE LANE SPECIFIC PLAN • Two lettered lots for HOA- maintained open space, .park areas, detention basins,' and other improvements: 2. Proposed Lot Size: The proposed lot sizes will range in size from 4,123 to 18,112 square feet, with an average lot size of 5,441 square feet. 3. Proposed Roadwe and Circulation Improvements The Circulation Plan sets forth the alignment and design of the internal street system as shown in Exhibit D'. The objective of the Circulation Plan is to insure that the circulation heeds for the project area function safely and efficiently. A key factor behind, the circulation system design is to encourage variation m travel routes by project residents from different portions of the project area. This is intended to minimize increases in traffic through adjoining neighborhoods. Further, the circulation system has been designed so. that trips generated along Ulla Lane and Lot "B ". Street.will primarily use Ulla Lane as access, and trips generated along Tiller Lane and Lot . "A "• Street will primarily use Tiller Lane /Keel Drive as access: The system meets the primary and secondary access requirements of the Riverside County Fire Department. Local Streets shall be designed in accordance with the following standards: • Tiller Drive: Tiller Drive will'have 36 feet of paving,from. curb to curb within 50 feet of right-of-way. Sidewalks will be provided along the northwest'side of Tiller Drive. ' • Ulla Lane: Ulla Lane will have a 40 foot paved section from curb to curb within a 60 foot right -or -way. Parking will be allowed on the street. • Internal Private Local Streets: Streets "A" and "B" will have 32 feet 6Upaving from curb to curb within a 50 foot right -of -way. A six foot sidewalk and two foot parkway will be provided on each side. Parking will be allowed on the street. 4. Offsite Improvements: Tiller Drive will be widened between Keel Drive and Machado Street to 32 feet of paving, with a four foot shoulder on the east; improving access for two -way traffic and parking on the west side of the street. Ulla Lane will be widened to 32 feet between the project site and Machado Street. 5. Pedestrian Access: Sidewalks shall be provided throughout the project as follows: •. Sidewalks shall be designed within the site at the property line with a four foot (4) landscaped parkway separating them fronithe street The HOA;shall maintain all parkways within the project. • No sidewalks are provided along the south side of Tiller Lane adjoining the common " boundary with the apartment complexes. • No sidewalks are provided along Ulla Lane in order to'-maintain a rural street scene.' • Pedestrian walkways shall be provided through the park site linking Streets "A" and `B ". AGENDA ITEM NO.( ip PAGE 457 OF 13 2- PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 Page 4 of 11 PROJECT TITLE: COTTAGE LANE SPECIFIC PLAN 6. Recreational Amenities: A 20,000 square -foot neighborhood park is planned at the approximate center of the development, to the south of the terminus of Ulla Lane. The park will include a turf recreation area, a half -court basketball court, a tot lot sand area and overhead shade (gazebo) structure with benches. RESIDENTIAL DESIGN REVIEW NO. 2005-06 The applicant has submitted the following plans for the proposed project: (1) building elevations and floor plans for the proposed models and production units; (2) site and landscaping plans for the Model Home Complex and parking lot; and (3) preliminary plotting plans. The following describes the proposed Design Review application: 1. Residential Design Review No. 2005 -06 (Cottage Lane Specific Plan): This application includes building designs for 48 single -family detached residential units within the Cottage Lane Specific Plan. A single Model Home Complex will showcase the proposed residences. Please refer to Exhibits `A', . D'; and `G' which present the site location of the Cottage Lane Specific Plan, proposed building designs, and the plans for the Model Home Complex, respectively. a. Proposed Residential Units: Wesco Homes is proposing four different single - family detached plans.. The dwellings are proposed as.three and four bedroom plan types, each designed as two -story detached structures, with attached and detached garages. The plan types are described as follows: • Plan 1: Two -story 2,041 square foot units with three bedrooms; 3 baths; great room, living room, dining room; den, kitchen; laundry; with a detached two -car garage. • Plan 2: Two -story 2,052 square foot units with four bedrooms; 2.5 baths; living room, family room, dining room; bonus room, kitchen; laundry; and attached three -car garage. • Plan 3: Two -story 2,182 square foot units with three bedrooms and a loft; 3 baths; living, dining room; "den, great room, kitchen; laundry; an attached car port, and a detached two -car garage. Note that elevation "A" includes a porch element, where elevations "B" and "C" do not. • Plan 4: Two -story 3,325square foot units with four bedrooms; 3 baths; family room, living room; dining room; den, bonus room, kitchen, nook and pantry; laundry; and an attached three -car garage. b. Architecture, Materials and Colors: To provide variation in the models and floor plans, the applicant proposes the following: AGENDA ITEM NO.,­A (�)_ PAGE 9(- OF 13 Z PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 Page 5 of 11 ( PROJECT TITLE: COTTAGE LANEI'SPECIFIC PLAN Three of the floor plans include three elevation styles, which can be described as contemporary interpretation's' of the' Spanish Colonial Revival Architectural Style (identified as California Contemporary),' Italianate Revival '(identified as "Tuscany), and Colonial Revival (identified as Crah'sman).'. Additionally, the houses, on lots 47 and 48, aligning Ulla Lane are proposed, as Tudor Revivals, mnroring on' a smaller scale, existing dwellings across Ulla Lane. As previously identified, the dwellings will range in size from 2,041 square feet to 3,325 square' feet. 'Materials are to include concrete "S" the roofs, earth tone stucco, fiberglass siding, stone and brick veneers, decorative pipes, curved archways, recessed windows, decorative iron work, vents, wood pot shelves and corbels, and decorative wood, shutters. i • "Standard". and "Enhanced" architectural features and treatments are offered for each of the four plan's. "Standard elevations" at a minimum will feature treatments' That will be provided for all plans, which include foam surrounds around all windows and large windows. "Enhanced elevations" are additional 'features and treatments that- will be provided for tthose elevations that are within the public view. Examples, of these enhancements include additional wood, shutters, decorative' iron work, and siding treatments:' • Ei gh t 8 roofing tile'color types and schemes will be provided. f c. Model Home Complex- A Model Home Complex is proposed within the Cottage Lane Specific Plan. The Model Home Complex, will be located at the terminus of. Ulla Lane, immediately north of tlie proposed community park: Ulla and Tiller Lane will provide direct access to'the complex. The,proposed complex provides a parking lot with sufficient parking spaces (7 parking spaces), full landscape and hardscape improvements, trees, and shrubs. ANALYSIS The applicant submitted the project in mid September; 2004. In January,,2005, a Neighborhood Meeting was held regarding the project. At the Neighborhood Meeting, several residents expressed concerns regarding traffic impacts and vehicular access for the proposed project (Exhibit H I.. Since that Neighborhood Meeting, staff has received two letters ,and two telephone calls from nearby residents expressing concerns and opposition to the proposed project (Exhibit ,`I'). In addition, there have been extensive discussions that Ulla Lane remains a "private street ". Additionally, the residents have also indicated opposition. to any additional traffic or access being taken across this "private street ". As a zmatter of background, Ulla `Lane was offered to the City for dedication as a public road over twenty years ago, however, the City did not accept-the dedication. However, with ,legal counsel, the City has determined rbat the offer of dedication for a public street is still an.offer that can be accepted by the City (Exhibit J').? City;staff recognizes that the dedication as a public street for'Ulla. Lane would provide the project two points of ingress and egress for the nproject, and would relieve the burden of carrying full vehicular traffic and circulation impacts. The following describes the approved option for the project with regards to traffic and circulation: AGENDA ITEM NO. _CAj PAGE 4.1 OF I i �— PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 Page 6 of 11 ( � PROJECT TITLE: COTTAGE LANE SPECIFIC PLAN Q.e/ • Ulla and Tiller Lane Access: Accept the offer of dedication of Ulla Lane as,a public street and allow access and circulation of vehicular traffic to be; serviced by both Ulla and Tiller 'Lines. This is the current proposal of the project and Specific Plan, and'in accordance with the Traffic Assessment provided with the Initial Study/Mitigated Negative Declaration. The applicant has worked diligently with staff in resolving issues relating to these - applications. Staff feels that the project, as proposed, will compliment the existing.and proposed development in the surrounding area. ENVIRONMENTAL DETERMINATION The proposed Mitigated Negative Declaration No. 2005 -02 has been prepared pursuant to Article 6 (Negative Declaration' Process) and Section 15070 (Decision to Prepare a Negative or Mitigated Negative' Declaration) -of the Cal forma. Erroirwprrerual Quality,Act (CEQA). Based on staff's evaluation, the proposed-project will not result in any significant effect on the environment. Further, pursuant to Section 15073 (Public Review, of a Proposed Negative Declaration or Mitigated Negative Declaration) of the (:d' n ti Enui mxntal Quality Act (CEQA), the intended Mitigated Negative Declaration was submitted to the State Ckxinghmm on June 6, 2005 for the required 30 day review period and will be completed by the subsequent,City Council Meeting. RECOMMENDATION It is recommended that the Planning Commission adopt the following Resolutions; Resolution No.. 2005 - recommending to the City Council adoption of MSHCP 'Consistency Findings; Resolution No: 2005 - recommending to the' City Council adoption of Mitigated Negative, Declaration No. 2005 -02, Resolution No: 2005 'recommending to'the City Council approval of Cottage Lane Specific Plan No. 2004 -01; Resolution No. 2005 - recommending to the City Council approval of Tentative Tract Map No. 32996; and Resolution No. 2005 -_ recommending to the City Council approval of Residential Design Review No. 2005 -06; based on the following Findings, Exhibits, and attached Conditions of Approval. FINDINGS - MSHCP CONSISTENCY 1. The proposed project is a project under the City's MSHCP Resolution that must make an . MSHCP Consistency finding before approval: Puywmt to A City's MSHCP Resolutiwz; bmaase the proposed projw nquims a m Ar of ducmtiarary approuds firm A City and is su4w to CEQA reviece, it nwst.Fe m weal far MSHCP consistauy, uh& entails for Aproposed prvjnt deterrmmiguh -d:er it is %4ect to,the City's LEAP pracas, consistent uith the Protacum of Species Associated uith,_Riparian/RixrPie Areas and :Veinal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow End6nic Plant Species Guidelines (MSHCP; § 6.1.3), Additional Sunny Neals - and PiowI res (MSHCP, § 6.3.2),. Ur%r1Vddlco7ds Interface Quidelines (MSHCP, § 6.3.2), Vegetarzaz' ( l AGENDA ITEM NO-_.,_ �" OF tf i PAGE PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 Page 7 of 11 PROJECT TITLE: COTTAGE LANE SPECIFIC PLAN Mdppmg (MSHCP, § 63.1 ) ragimi- W, Fuels Mangmmt Guidelines (MSHCP, § 6.4), andpayi reit of A MSHCP Local Detdoprent Mitigation Fee (MSHCP Ortbwxe, § 4) : 2. The proposed project is subject to the Joint Project Review process. The footprint of the project site is not lasted within an MSHCP Criwm Area, and d wfore, uadd not he subjat to the joint Project Renew process. - 3. The proposed project is consistent with the Riparian/Riverine Areas and ,Vernal Pools Guidelines. No nparum, nwrnre; zernal pool /fairy sbrvnp halwat andother aquatic resources teem iclentif ed on the prvposel prrrjcrt site. As a result, no further MSHCP analysis or omzsertntia in(a4m are requbud ' The p vpgsed pnWa is d"rfore con u&w with the Ripman/Rarivre Areas and Veinal Pools Guidelmes. - 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The p vjtrt site does not fall within the Narrow Endonic Plant Spoaes Survey Areas. 7laemfom, a habitat assessrrrent is not mquirtd for Narrow Enaimic Plant Spies. The proposer[ plv1t has ban detenrtined to be cmrsistentwrith thel rovwioc of Names E'ndmwPla a Speri Guidelines. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The pmect site does not fall within the Bunvtevig Otd'Surrey Area In additxot it.wis cleteim»rai that the spew is not exported to oath on size due to the lack of suitable habitat. The prom is therefore crosistent wrath the Additional Sunny Neils Regxw taus. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The proposal pnWa does not produ& the Urbmx/Vddlands Interface Guidelines, in that the pruposez' pn* does not interfam with an Ur&m/Wd&vzds aria. The. project site is not uithin or adjacan to any MSHCP criteria or cnvuercrttioz areas. The proposed project is therefore cmrsistent with the Urbzn1Wdd1rmds 7nterfam Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements. The ugetatioz of dx mum project site bas been m400ed � 71ns rrrappmg is suffu7ent under- the MSHCP and is caisistent with the MSHCP. In addition, a habitat asseswmt wus mndtiW for emrtpliaircewith the MSHCP. The project site u not uuhim or adjacent to arty MSHCP criteria or cu uert ax n areas. The project site does not p muick npxrimn/nwvre or iarwl pool habtat .The prvjat site cunmtly consists of wxku4ml land that has b= highly disturl ed through ieml ahi orren and agnadurr-al practm , No sensitive plant or anrn d speries were uknafzed as potentially oau>rmg crmte during the habitat assessmatt . 8. The proposed project is consistent with the, Fuels Management Guidelines. The proposed project does not prtr&&. the FuelsMartagerrmrt Guidelines 'of tle MSHCP. Accordingly, Lle proposed pm, xt is therefore consistent with the Fuels Managenxw Guidelines. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. AGENDA ITEM NO.__�LQ PAGE g OF 112- Y PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 Page 8 of 11 PROJECT TITLE: COTTAGE LANE SPECIFIC PLAN As a condition ofappwual, the p pert will he required to pay the City's MSHCP Loral Deuaopnmt Mitigatim Fee at the tyre of issuance of buddhWpamts. , 10. The proposed project overall is consistent with the MSHCP., The proposed p oint dies and .is, ansistao with all of the rz qu *md prt>oiaes, policies, and guidelines of Lbe Ciry's MSHCP Resolution and the MSHCP. The appliarrrt has mask reoisiwis to the project or has q&mi to spaifu cwulimm, which newH avoid dx- efforts or nutzgate the efforts of dx pqw to a point a ere no sigitifumtt efforts neoetld oerzn: �' , FINDINGS - MITIGATED NEGATIVE DECLARATION 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration .and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and . . The apphcant has made mu=m to Ap oka or has apaid to spa* co Aticru uhoido untaauord the efforts or mitigate the efforts of the project to a pointuhm no sign#umn efforts undd oaza: 2. There is no substantial evidence, in the light of the whole record before the agency,.that, the project as revised may have significant effect on the environment. Pursuant to the e dmw raeiuti in the light of the u&h mtmd pres Mi to staff the projaz will not hate a signifuant 9fet on the envtorneit cnn� the applicable Conditions ofAppmual andMitigatiwz Monitxr ( � 3. Mitigation measures have been required to ensure all potentially significant impacts are reduced to levels of insignificance: Mitigation naasures haze bem nVared sibich will m-&w sign cant mvffawmtal inpcis'io the kid of inngrdficmice ,., FINDINGS - SPECIFIC PLAN 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. The Cottage Lane Specifi Plan ni ets dx City's SpecoeAm eriteria for cunimt arid requimd vnnplormtatkn of dx General Plan esiahlished by Section 65450 et sect. of the Calf�mia Gmewe it Cade and Sertiorn 17.99 of the City of Lake Elsinore Mmxtpal Code. Aawding&, the proposal Spaifrc Plan is in avm"tcewith the oh c=,-,s of the General Plron and the purpose of the plmv Mcbstrict m which the site is located 2. The proposed'tise will not be detrimental to. the general health,. safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use onthe City, or injurious to property or improvements in the neighborhood or the City. _ The Cottage Lane Specifu Plan will not be deo rn"d to A health, safety, car� or 03' al zeelfaw,of the pm" residing or working Herr the p vtitr area or withm the City, nor will it he injurious to proprrty or \ »npnxv nts in the pro)t area or withm dx- City. In addition, staff has substantiated that all applcahle City Q.0) AGENDA ITE&I NO.-,:;J PAGE JrO OF l_; 2 PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 Page 9 of 11 PROJECT TITLE:. COTTAGE.LANE SPECIFIC PLAN Deparvrimts andAgaxis r &ne /I4 ajyWed the IIII „ I . d"v47mew of the /• Plan aid /.' r Il rI r e r al/l //k comrow ard/br cmbons L/ to wiaflawz mid rrr Y n I' of rr / n/r • street /I/r do rl1' / /// 1 • r • L and /• / /' Y/ I // % Y/ • p I? / as •/ elmmiax rr •. nY rIr I •Y / '/ r •/ /I or gazer/ gazeral ue#r ar 1 the sunwz4 i• /I /// I 3. The site * for the proposed Cott age Lane Specific Plan is adequate in size and shape to accommodate the use, and for all the subdivisions, yards, 1. or • 1 buffers and other features required by Title 17 of the LEMC. ' proposed Conage Lam l: rr has bem dengted in / /• r I' I the size n / shVe of ' / /I' hber'/ 5trvigzk u .• and azboxvig the vm;edaw?mubmd arm Ybox issues siardmi guukbw etc, not adIressed r & I/ag n. Specific ' n to r u I n/ I • Codes r ' at /' r G/I 6• is / III GI Furdxr, dx prow as / 1/r a wiff m#unertt dx qudzty I exiswg dadopnow n/ ud] c7eate r r pkmvi& non4&actize nimaisixp /' a & proposed ad e u✓ proArts, zn that r 1r1 /I has /a 7meued to aume rder / 1 I /' q(Kfwuigfiun d5epublic I 'r or adiamv 111' JA 4. This project complies with the provisions of design applicable • Municipal Code. proposed I I appyopriate to the site n/ sunvt#x&zg I• ' // L r •/ I svg1efandy /'r/ :/ toits in mrorrn = r// 1/ /' SI/ .G n / /4 n /r / cm awed :I r dx 1// �.• rr I i n I I' 'r r n/ r r / / /' I' a / /' .. a / l i / /' r I • r/ i 4 ' / / / • // r • /' // n / I' Jr •' I / 1 /' r /'r r • /p n / r o Ir' / r . i :/rr 'r•'r S. 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. The proposed Cottage Lane SXiftc Plmz has heat reuim& as to its relatzon to the width and type of perm" neflal to QM the type mid qumttitY of trd fcWret"ate4 in that the Q01 bas adequately eut6ited the potouial vrtpxcts associated wish the proposed uses prior to its approznl and has conaitia•ted dx prWrt to he xmxl by roads of adequate cap" and design stodares w provide mcuora a ams l y car, truck, trxw4 and bie)& 6. Adequate conditions and safeguards pursuant to Section 17.99 of the LEMC have been incorporated into the approval of the Cottage Lane Specific Plan to insure that the project continues in a manner envisioned by these findings. Pursuant to Sect z 17.99 (Spa* Plan Approu4 Denurl aril Mond ka&m) of the Lake Elsinore Manic* 'Code (L EMC), d)e proposal Cottage Lune Sx* Plait has hest so0e ds red for crmz leration and approwl of dx Plmtnmg Carern'ssiat. FINDINGS - TENTATIVE TRACT MAP 1. The proposed subdivision,• together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. AGENDA ITEM NO. QJ (2 PAGE SL OF 0-1- PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 Page 10 of 11 PROJECT TITLE: COTTAGE LANE SPECIFIC PLAN The design of the suh*v siwn and density of 3.99 duelling routs per am ate a mzsteu kith the General am dmgrnatiazs of Low Makwn and Maduan douity msidmad, uhiol actmattaiates trsidential d%dopnmt up to 6 and 12 M emits per acm ivpattiaely. The pro)v is cazsistant with the designated land use plmming area, deuiapra,m and design standards, md_all other appropriate rarjrararnetts ctvntavAd in the General Plan Cottage Lane SperificPla ,, and Subdwicn Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is cw moit with the Land use plmy deteloprmat and design standards and program and all odxr appropriate trgtannow cvntamal in the General Plan,. and Cottage Lane Spaifnc Plm:. As disusarl, A General Plat designates the p ttjat site as Lour Marliron and Merlitmt DEnsity Residemd The Coaage Lane Sperific Plat designates d)e prolcrt site as SFD 4000 (Single Fin dy Density Residmag mvnarnan 4,000 squaw foot lot). Tract Map No 32996 is ctorwient wvh the SFD 4000 designation and applrrable ' dazrlopment and design sta»dw& 3. The effects this proposed subdivision is hkely'to have "upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The p vj rt is ansisunt with tlr City's General Plat and Zatmg Ca%, will ptuuide noxssmy public senaes and facilities, will pay all appropriate fees, and will not insult m cry adcene envirmorantal wp-ic . 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will ca nplywuh all appropriate (t► Tnaaan mgm.mm nts of the City and Uniform Bsakhrg Code. FINDINGS RESIDENTIAL DESIGN REVIEW 1. Subject to the attached conditions the proposed project is not anticipated to result in any significant adverse environmental impacts. Staff has cdetetnvnel that this project is consistent with the Cottage Lane Sparifnc Plan and Tenta me Tract Map No. 32996.. Mitigated Nagatiw Declaration No. 2005 -02 provides adequate awii� clearaue and analysis for this puposed Dlsign Review appliratian- In additiar, apprmal of this Design Review appditutiw will assist in 'achieving dx daeelopment of a well- baLwxed and furrctwrnal nux of taidenag camricial, industrial, apen space, nrmational and instituiicinal dared uses as well as entnwagirg industrial lamd uses to diamify Lake Elsvtores e orrarac hise. 2. The project complies with the Goals, Objectives and Policies of the General Plan and the Cottage Lane Specific Plan, as approved. As discussed, the General Plan designates the prq tt site as Law Mahwn and Medium Dazsity Rendinttid The Cottage Lane Spec* Plan designates the Pro)ect site as SFD 4000 (Single Family Dmsity Residmtiai, nm m,o n 4,000 squaw foot, lot). Tract Map. No. 32996 and dx proposed model hoar cctp and po Gcam wuts are mnststett wuh the SFD 4000 designation and applicable deceloprictt and deign standv ds. In at"tion, the density of the proposed paym is consistent with tle density of tie General Plan designations. r l AGENDA ITEM NO._ &,,2 PAGE S 2 OF 13 2- 'V 1 PLANNING COMMISSION STAFF REPORT JUNE 21, 2005 Page 11 of 11 PROJECT TITLE: COTTAGE LANE SPECIFIC PLAN 3. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal, Code,. p The oposed print is appmpnate to the site and Burro Xb?g &M4rWZ in that the' pro rt will ct mma single family &wd ed units in aaordaricp with appropriate dhzkprmu and design standards xntxnal in A . Cottage Lane Spec Plan. The pnrptrt creates interest and zmying vistas as a person rnxa alwrg any prolat smrt The p u also rw� the quality of existhrg neigh6irg dadV mu and will contaw to p oa& v.tt a14,plensmg design and awd itertrsmwithw the Cottage Lane Spa* Plan area 4. `Conditions and safeguards .pursuani to Chapter .17.82.070 of die..Zoning Code, including guarantees and evidence of ' with conditions, have .been incorporated into the approval of the subject projet to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Plarrinbi Caraiiission) of the Lake Elsrrwre Municipad Lack (LEMC, the proposal Residoual Design Reviw No. 2005 -06, of the Cottage-Lane Spec Plan has bit schr'U&forcons:derauwz andapp tiad by the Planning Conrruss m Prepared by: _ Kirt A. Courp, Associate Planner Reviewed by: Rolfe Preisendanz, Planning Manager Approved by: . Robert A. Brady, AICP, City Manager EXHIBITS Exhibit 'A' Exhibit 'B' Exhibit 'C' Exhibit 'D' Exhibit 'E' Exhibit 'F' Exhibit 'G' Exhibit IT Exhibit 'I' Exhibit J' Exhibit 'K' Exhibit 'L' Exhibit 'M' Exhibit 'N' Exhibit 'O' Vicinity Map Specific Plan Tentative Tract Map No. 32996 Plot Plan/Precise Grading Plan Building Elevations /Floor Plans. Typical Front Yard Landscape Plan Model Home Complex Plans ' Neighborhood Meeting Minutes dated January 19, 2005 Resident letters of opposition to the project Letter from City Attorney's office dated January 14, 2005' Full Size Exhibits Mitigation Negative Declaration No. 2005 -02 Colored Site Plan (presented at hearing) Colored Elevations (presented at hearing) Color and Materials Board (presented at hearing) AGENDA ITEM NO:� PAGE 53 OF f l L VICINITY MAP SPA 2004 -01 - TTM 32996 - R 2005 -06 COTTAGE LANE SPECIFIC PLAN rv- �rvrvirv� �,viwmi��ivry r EXHIBIT AGENDA ITEM NO.�_ PAGE OF A3 Z- R s o � A � n N v 'Y p �GEEQD�e0009�OB�00GG���� s a; M r1. s F� A %m mpy 2 �m O 2 r t 4� o� D 'mn 1 mo m r y0 ' 2 O� g�rn i F Ij AGENDA ITEM ND. 0 EXHI1 PAGE - 7�7-7__ CCCCCCCCCCCCCCCCCCCCCCCC �GEEQD�e0009�OB�00GG���� I��ED��D8GO90�8800o0oG90G 0 I� r ; - I � 'K n 4 atl Y 5 3 ¢ p ppg %Ih2 � s's i s gF P d d �e �a .o n & g a„g a eq ig �'$�! mpp! g Ad 9 a 2' 8 €and 5 �� &d [p .. 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John Canty., DISCUSSION ITEMS . 1. Cottage Lane Specific Plan Planning,.and Code Enforcement Manager. Villa introduced David Leonard, who is the Development Team Project, Planner. Mr. Leonard thanked, everyone• in the community for coming,, Mr. Leonard expressed that the meeting was like a workshop, with an informal setting, and that he would present the project and then go over any questions the community had. Mr. Leonard introduced, the principals representing the development company, which were Wesco. Homes & Development, Wes Keusder and Bart Hornstein.... John Canty was also present as the Project Engineer. Mr. Leonard indicated that the city has also .hired. an' environmental consultant, Andrea Urbas, representing Michael Bandman Associates, who would prepare an environmental assessment for the project, Mr. Leonard then pointed out the display of the area, starting with the northerly direction, at Machado, where there is vacant land and then on to Ulla Lane where the large custom homes are and then Tiller Lane where there are apartments and single - family residences.- Under the zoning and general plan designations, the area is presently zoned for R -1 single family homes. The area display, in the rectangle, is, zoned R -2 which allows up to 12 units per acre, duplexes, and modest, forms of multiple family units: Mr. Leonard displayed the subdivision that )s being, proposed.. He indicated that ' the study was conducted, on how to bring quality homes into the area that is affordable in today's market. According to Mr. Leonard, affordable homes in today's market should be around $300,000 dollars. Mr. Leonard indicated that developers are down sizing the lots but upgrading the quality of the homes. Minimum lot size is about 4,000 square feet and the p %% d EXHIBIT AGENDA ITENi, NO. — PAGE `�f–OF L3 ti R .y PAUE 2 = NEIGHBORHOOD MEETMG JANUARY 19, 2005 maximum lot size is about 5,000 square feet. Mr. Leonard indicated that there was a factor that had to be worked around in this subdivision. Mr. Leonard indicated there is a trace fault through the area and a building setback line that cannot be built on within the fault line area. That results in an area that.has to remain open. Mr. Leonard indicated that the residents of Ulla Lane requested that the new homes match the current residential homes, which are Tudor -style homes. Mr. Leonard indicated that the circulation traffic is planned out in a way that is discreetly trying to distribute traffic evenly between two different areas, the Ulla Lane area and the Tiller Lane area. Mr. Leonard indicated the traffic pattern has been set up to primarily come from up "Street B" Ulla Lane to Machado. Mr. Leonard pointed out from another direction that Tiller Lane would be the most direct route. Mr. Leonard indicated that it is designated to take the traffic from "Street A" as well as Tiller Lane. Mr. Leonard stated that there are 48 lots within this project. He indicated that you could break it down into thirds. Mr. Leonard pointed out on the display board that it looked like there was a barrier on the street, but there is no street. There is a vacant lot and a yard. The Developer has acquired that right -of- way that is a 40 foot utility easement. The Developer will dedicate the additional 10 to 12 foot area to establish a full street to connect She Tiller /Lane Keel intersection. Mr. Leonard stated that there is a neighborhood park in the project area. The park will be maintained by a Homeowner's Association who will also maintain a landscape strip along Tiller Lane. Mr. Leonard briefly reviewed the architectural elements. The housing has been designed specifically for this tract.' The housing features a number of detached garages, so that the garages are not dominating the houses. Mr. Leonard indicated that they have prepared a first draft of a specific plan document that staff is reviewing. Staff is also seeing the current sight design for the first time. Comments have been received from public agencies and residents. This document will be revised and - a current document will be re- submitted next week to reflect the current proposal: Mr. Leonard concluded with the overview of the project and stated that there is an environmental study being conducted at this time. Mr. Leonard indicated that at the conclusion of the environmental review, it would be circulated for public comment and then scheduled for a public hearing with the Planning Commission and the City Council. Mr. Leonard stated there would be a specific plan and tract map as part of the applications for this project. PUBLIC COMMENTS Mr. Leonard indicated that he would answer questions at this time. Chris Hyland, who resides at 15191 Wavecrest, requested to speak. Mrs. Hyland stated that she objected to the plan. Mrs. Hyland indicated that the traffic would come mostly from Grand Ave. instead of Machado to 'come down Tiller Lane. Mrs. Hyland' indicated the residents did not want the traffic coming into their tract. Mrs. Hyland indicated the traffic would come down Wavecrest into Tiller Lane. Mrs. Hyland expressed her concern for the safety of the children playing in the neighborhood. Mrs. Hyland gave Mr. Leonard 42 signatures of 4 AGENDA ITEM NO. . -. -_ PAGE E#(e .OF__ 3� PAGE 3 — NEIGHBORHOOD MEETING JANUARY 19, 2005 -" residents that oppose the proposed project in their neighborhood. Mr. Leonard then read (� the opposing petition to the audience. Mr. Kilroy a resident who lives at 3940 Ulla Lane stated he had several questions. Mr. Kilroy wanted to know why they needed to go to a specific plan? Mr. Leonard answered that it was because 'there is no zoning designation that fits this project. The R -1 doesn't allow'a density this great; while the R-2-doesn't allow the density this small. The specific ' plan allows us to write a zoning ordinance to customize the standards to fit the project. Mr. Villa stepped up to the microphone to explain that the specific plan was developed in an -effort to meet the challenges of the project. Mr. Villa recalled the fault line and the combination of two zoning districts that do not allow the conventional zoning to take ,place. In that respect, there was a specific plan to be proposed that would allow it to go through the process to create a specific development standard applicable to the limitations of the property. Mr. Villa expressed that this is what the Developer is in the process of providing. Mr. Villa indicated that the City doesn't just allow developers to come up with a tract map with substandard development regulations. 'Mr. Villa stated that 'a comprehensive document that addresses development standards and how the. entire neighborhood is going to fit in with the existing neighborhood is required. Mr. Villa expressed that this is why we are here today, to hear concerns and -to address them through the environmental and design process. Mr. Kilroy spoke up and asked who would maintain the park within the'proposed tract. Mr. Leonard stated' that only the' 'residents of the future tract would be assessed a fee' through the Homeowner's Association for the maintenance. Another resident spoke up" in the audience and asked if the current residents would be, allowed to use the park. Mr. Leonard'stated that it would be open to'the public. Mr. Leonard'expressed that the park was centrally located in the tract and did not expect high use volume Mark McDorman, a residence at 3740 Ulla Lane, stepped up to the podium and stated that he appreciated the Developers taking the time to take them through the process and expressed that they have met before. 'Mr. McDorman stated that the plans'looked great to him but that he and his wife did have some concerns about the'use of Ulla Lane as a through street. Mr. McDorman wanted to know how that concern was taken into consideration with the City along' with the fact that the residents who live on Ulla Lane have a deed that says they own the street. Mr. Leonard stated that the Public Works Department has verbally reviewed 'preliminary conditions of the widening of Ulla and Tiller Lanes. Mr. Leonard indicated that Tiller Lane'needed to be widened so that residents can park on both sides of the street and that Ulla Lane'needs additional paving to meet city standards. Mr. Leonard stated that city staff has consulted with the City Attorney on the issue of "quiet title ", who really owns Ulla Lane. Mr. Leonard indicated that the letter from the 1 ' AGENDA ITEM 'NU, PAGE 9 OF J-3 z i FACjh 4 � NE1ciHBORHOOD- MEETING. JANUARY -19- 21)05,, , City Attorney indicated that an offer for the dedication of Ulla Lane was made at the time the parcel maps were recorded creating residential lots' Mr. Leonard stated that the offer, was not accepted. If the street had not been constructed or used as a street it would be a "moot issue', but the street was constructed and used as a street; in fact the city has been maintaining it as a street along with street sweeping services. Mr. Leonard stated that the city feels they have the right to accept the dedication at any time. Mr. Leonard expressed that the city is non - committal, that they are going to dedicate the street. Mr. Leonard stated that if the developer were asked to improve,the street.as a,condition, of.the, map;. then at that time the developer would ask that the city accept the dedication of the street. Robert Sadlak, a resident who ,lives at 3760 Ulla Lane, spoke up and asked about .the , letter from the City Attorney where it stated that UIla Lane was, a private road. Mr. Sadlak also asked if Ulla Lane was widened, would it be developed from the east or,, west? Mr. Leonard indicated that improvements. would be done on both streets, on the inside area, and that the outside, area was considered to be complete.., Another resident spoke up and asked "How much wider ? "; Mr..Leonard indicated that Ulla Lane and Tiller. Lane would be 32 feet wide within a 40 -foot right -of -way. Another resident asked if a sidewalk would be constructed. Mr. Leonard stated that they would not be required to construct sidewalks off site but,would be constructing sidewalks •; on most of the.streets within the project. Mr. Leonard stated that Ulla Lane is considered . a rural street and that there would not be any sidewalks there., . . . Another resident on Ulla Lane spoke up with concerns about the dedication of Ulla -Lane. He; stated that the residents are going to push that it not-be dedicated or either a fire gate be put in or some other type of road restriction. Mr. Leonard indicated.that,there was a contingency plan. Mr. Leonard said that it was up to staff but that the developer has made some efforts with the County Fire Department in terms of different options, which have been rejected since they want open streets. Mrs. Hyland expressed her concerns for the children walking home from school on Ulla Lane if there are no sidewalks. Mr. Leonard indicated that the lots were bigger and had deeper setbacks.. Pat Kilroy a resident on Ulla Lane expressed :concerns on ;how long the construction, phase would last. Mr. Keusder with VHI answered the question indicating that- it would take about 90 days to complete most streets improvements and after that it would take about 4 to 5 months to complete each phase of houses. AGENDA 11Elm NO. PAGE qJk_- OF PAGE 5 — NEIGHBORHOOD MEETING JANUARY' 19; 2005 ^ Robert Sadlak, a resident who has lived on Ulla Lane for the past 5 years with small l children below teenage years, expressed that he moved to Ulla Lane because he felt it was a safe area to raise his children. Mr. Sadlak expressed his concerns about Ulla Lane becoming a'race way.,and jeopardizing the safety of his children who play in the street. Mr, Sadlak asked for'clarification on the question if there could be a fire gate put up on Ulla Lane. Mr., Sadlak indicated that when residents have tried to contact the Riverside County Fire Department, they were told until they have something in writing from the Planning Division, there is no to comment on it r Mr. Leonard introduced John Canty who spoke with Chief Kawasaki. Mr. Canty indicated he had gone over to the 'Fire Department with their layout and with an alternate layout showing a crash gate to get out: Mr. Canty expressed that Mr.' Kawasaki 'stated that if the city required the fire gate, maybe they would go along with it, but Mr. Kawasaki's recommendation would'be "no Mr. Canty indicated `an analysis had been conducted on peak traffic hours for both morning and evening on Ulla Lane. Mr. Canty indicated that there were fairly small numbers of traffic and that the streets in the area were well - suited for handling the volume of traffic. Bart Hornstein, who is with the Developer, spoke on the use of models and traffic studies, and that they try to spread the traffic out the best that they can. f Chris Hyland spoke up and expressed that the residents are not against these nice houses going up. Mr. Hornstein said "Thank you and can we get that on the minutes." IN Chris Hyland continued that the concerns were about the traffic impact and having sidewalks for the children to safely walk on. Mr. Kilroy stood up and asked about the mix of attached and detached garages..Mr. Kilroy wanted to know if the Developer went to detached garages because the lots "are so small. Mr. Kilroy also asked what the minimum lot width standard was for the city. Mr. Hornstein indicated that with the zoning situation with the R -1 and R -2, the Developer decided to break up the neighborhood by putting some of the garages in the front and some in the back. The way the Developer arrived at these lot sizes was to work within the R -1 and the R -2 zoning and make a nice community that flows well and looks nice. Mr. Kirt Coury, Accociate Planner, answered the questions about lot sizes, indicating that the standard interior lot size in R -1 is 60 feet and if it's on a knuckle, it can be reduced to AGENDA ITEM NO. pco PAGES OF t 3 Z PAGE 6 = NEIGHBORHOOD.MEETING JANUARY 19, 2005 40 feet, and a flag size lot could be reduced to 25 feet. Mr. Hornstein indicated that the, average lot size of the proposed,project is 50 feet. Mr..Villa stood up to explain some of the concerns that the city had with, smaller-in-width lots having all front elevations of large garages. Mr. Villa indicated that the city wanted to see more architectural design on, the front of the garages. Mr. Villa expressed that the attempt is to minimize a•streetscape of just a row of garages in the front. Mr. Villa' indicated that there would be garages in front that have the wider lot widths and the ones with the smaller lot widths would have the side entry. .r Mr. Villa asked if anyone else had any questions. There being no more questions, Mr. Villa concluded the meeting with expressing to the audience that this would not be the last time that they could have their concerns expressed. Mr. Villa • also: encouraged residents to mail their questions -in writing to the City of Lake Elsinore and address the, letter to Kirt Coury, Accociate Planner. Mr. Villa indicated that the questions would be added to the public review process. Mr. Villa indicated that all the concerns would be categorized and addressed, by the appropriate person in charge.: Mr. John Canty will., address all.the, traffic issues. Mr. Villa indicated that access and safety and those related issues will be addressed in the environmental document that will be. prepared. Mr. Villa expressed that residents will have an opportunity to go before the Planning. Commission and then on to the City Council to express any concerns that they may still have. E ADJOURNMENT The Neighborhood Meeting was adjourned at 7:00 pm. PREPARED BY: Karen_StaleY Office Specialist.I1I ATTEST: dfd . . Arman o lla, 1 g � Code Enforcement Manager .•; AGENDA ITEM No. PAGE Lam. OF C 3 Z Q.6) Q..) 1 ' s f ' l Juan and Gloria Cu'yugan' 3860 'Ulla Lane Lake,Elsinore, Ca 92530 951- 678 -9738 May 8, 2005' Kirt Coury, Planner City of Lake Elsinore 130 S_ Main Street Lake Elsinore, CA 92530 Re: Initial Study for Cottage Lane Specific Plan Dear Mr. Coury: We have reviewed the Tentative Tract 32996 Traffic Assessment Report and initial environmental report on the Cottage Lane Specific Plan prepared for the Wesco Homes and Development We feet that the certain conclusions are flawed and we would like to voice our opinions, questions and concerns on the project impact relative to Ulla Lane as a whole. The TA study concluded that the "anticipated project traffic would minimally impact the existing section of . Ulla Lane and the existing neighborhood to the south". Based on our analysis, as illustrated on Scenario A below using data from the TA report, traffic on Ulla would more than double to 237% after project completion. , • The 25% projected minimal increase in traffic stated on the report and as shown on TA Exhibit 1, refers to the percentage of traffic impact to Ulla Lane (115) by the total project traffic (459) generated by the Cottage Lane project and not the percentage of traffic impact on the existing traffic on Ulla Lane: Per study, the existing traffic on Ulta Lane is 84 and the anticipawd.25% increase will generate 115 additional traffic for a total of 199 vehicles or 237%(199 over 84 - See Scenario Al below). • The existing 84 trips on Ulla are less than -1/3 the traffic on either Tiller (276) or Keel (278) because Ulla is a dead end street, Even after the project completion, the total projected traffic on Ulla based on the TA report will only be 35% that of Tiller (199 by 574): The anticipated increase in traffic on Ulla will only come from the 95% of Lot B traffic: It assumed that no additional traffic will be generated from either the Lot A dwelling units or Liam existing dwelling units, in the surrounding area or the creation of the public park at the end o €Ulla Lane. • The 84 existing traffic estimated on'Ulli seems rather high compared to the actual traffic number -on this street The estimated existing traffic did not seem to take into consideration that Ulla is not a through street. We cannot figure out how this count was arrived at It also concluded that "For existing phis project traffic conditions, the study area intersections are projected to operate at acceptable levels of service during the peals hours, without additional, improvements ". The .._ Andy seems to have incorrectly assumed that both Ulla and Tiller are currently wide enough to be designated as 2 lane undivided road (21-1) as illustrated on its own Exhibit C implying that they meet the city code street requirements . Ulla is only.40 feet wide and Tiller is 32 feet wide. Both roads do not seem wide enough for two-way traffic especially when used by residents for on street parking. Yet under Section 2 - Project Description of the environmental report, it calls for the widening of both roads to 60 feet. This is in contradiction of Section 5, XV - Transportat ion /Traffic on the same report, which indicates that no "additional improvements" are necessary . • If no -additional improvements is necessary, then this will have a drastic impact on traffic, so the projections are incorrect or not representative_ ; if both streets are indeed widened; it does not seem logical and valid to conclude per TA study that no additional traffic will be diverted from Tiller to.Ulm despite the fact that Tiller traffic outnumbers, Ma traffic alert 3 to t (574 vs 199) and that Utla Lane will na longer be a dead end road and will be , accessible from the connecting roads. As illustrated on our Scenario B below, it is possible that an additional 25% will be added to the TA projection of 250/a for combined total of 50% traffic on Ulla w �• EXHIBIT -- S AGENDA ITEM NO.� PACE _LO 1 OF ( Z Juan and Gloria Cuyugan 3860 Ulla Lane Lake Elsinore, Ca 92530 951- 678 -9738 Lane. On Scenario B. it is projected traffic will increase on Ulla by 373% or 313 project traffic (See Scenario B and BI)- Scenario C illustrates a more conservative project traffic increase of 15% in addition to the TA projection of 25% for a combined total of 40% on Ulla lane. This traffic projection will increase traffic on Ulla traffic by 319% or 268 (Scenario C and C 1). 1 It is our conclusion that the TA and environmental reports understated the impact of the additional traffic generated on Ulla Lane by the project and the surrounding area are flawed by using incorrect or omitted assumptions and contradictory in their statements The report failed to recognize that Ulla is currently a dead end street and that by opening it as a through street, it assumes that there will be no projected traffic increase on Ulla lane. It is then assumed that it will be used solely by 95% of the Lot B dwelling units and will NOT be used by the rest of the remaining dwelling units from the project and the surrounding neighborhood. The environmental report calls for street widening and at the same time states that no "additional improvements" is necessary on the traffic assessment analysis section. The TA report also presumed that Ufia Lane is a public road instead of private road and is designated as a 2 lane undivided road. Since the Ulla dedication remains open and can be accepted at a later date, per the city attorneys letter, we can conciode then that Ulla Lane will be opened as a "public" street and will become a through "public" street per developer's map for the benefit of the new project development after ' over 25 years of dedication rejection by the city. Z ry Below are some of our questions and concerns: . • Does the developer have the right to.use Ulla lane since it is a private property? After over 25 years of real property tax payments and road maintenance by the Ulla residents on Lots A to D, does this mean that the city will now accept the offer of dedication and allow the prospective developer on Cottage Lane to use it as part of their project road at our expense and for the benefit of the prospective developer? Will the existing homeowners continue to pay for the real estate taxes after the dedication is accepted? • If street widening is necessary, does this mean the city will now convert it to a "public" road and will �J bring both roads up to city code requirements? • If both streets will be widened to 60 feet per environmental report and since Ulla dedication is only:. . about 40 feet wide, where will the other 20 feet taken from ?. Will it be from the north side or south side of Ulla? • Tiller on the other hand, is only about 32 feet wide; can we presume that the remaining 28 feet will be' taken from the north side of Tiller? • Per the initial environmental- report the primary project access is Utla and Tiller lanes; will Ulla then be the primary access during construction since it is wider than Tiller? • After the completion of the project, will Ufla Lane be repaired of resurfaced in its entirety, which ' would include the existing Ulla road or will the new road be appended only to the width of the existing road and no repair will be performed on the existing road, just like what was done by the same developer - Wesco on Machado? • Will the city or county now be responsible for the upkeep and maintenance of Ulla Lane? TA Projections, Detailed Calculations and Assumptions: Scenario A. Vehicle Traffic Per TA Study at 25% Anticipated Additional Vehicles'On Ulla Lane Street Ulla Tiller Keel Total E ' Per Exhibit'P 84 (131/6) 276 (43%) 278(44%) 638 (100%) Additional Per Exhibit I, J 115 (251/6), 298(65%) 46 (10%) 459(100%) Total Per Exhibit M 199 (18%) 574(52%) 324(30 %) -1097(100%) �.Y AGENDA ITEM — PAGE i°2-� aF — .y n Juan and Gloria'Cuyugarf 3860 (Ala Lane' Lake Elsinore, Ca 92530 - 951 -678 -9738 C../.......:.. A 1 %T -h;An TroTir Inle 1.2ne Existing Per Exhibit F 84 100% Additional Per Exhibit I, J it 5 (250% of 459 Total Additional Project Traffic) '137"/0 Total Per Exhibit M 199 237% Scenario A2. Average Daily Traffic (ADT) Impact on UDa Igoe - Maximum Peak Hour Traffic Assumptions: L Study assumes that only'an equivalent of 12 out of 48 dwelling units or 255/6 will utilize Ulla " lane, which is equivalent to the projected increase in 115 vehicle traffic on Ulla. 2. Per TA Table 2, each dwelling unit will generate 9.57 traffic per unit. See Table 2. 3. Per TA Table 3; the 48 dwelling units will generate 459 trips daily (48 DU times 9.57). ' 4: Per Exhibit I, Lot A dwelling units comprise 70% (33 lots) and Lot B is 30% (15 lots) of the 48 total dwelling units 5. It is assumed that 95 % of Lot B traffic will use Ulla lane and 5% "1 use Tiller. 6. 100% of Lot A will use Tiller and will NEVER USE Ulla Lane including Lot 10 and 11 who are in close proximity to Ulla 7. 10%of Tiller users will go south on Keel decreasing traffic on Tiller by the same percentage. 8. Ulla is currently a dead end street but there are no provisions included as to the impact of opening the street to thru traffic. It assumes that Ulla Lane will ONLY be used by EXISTING Ulla homeowners and by 950% of Lot B homeowners.: _ . 9. The study also assumes that the new public park on the'end of Ulla Lane will NOT generate additional traffic in and out of Ulla Lane from within or outside the project: Our Projections, Detailed Calculations and Assumptions are shown below: Scenario B. This scenario assumes that Tiller is not wide enough and in addition to the 25% Lot B traffic, 20% of Lot A traffic will use Ulla and 5% from outside the project will use Ulla for a total of 500/m Using the same TA assumptions stated on Scenario A above, 10%u of the Tiller users will go south to Keel so the remaining 40% will go weston-Tiller. Crona�in R V.&;ela lr"frr- Fefim9twl rMnr9er of Sn %m M121 anfa .. • z .."7. _ Street AM Peak Hour Trips PM Peak Hour Trips Existin - 84 ADT I'll (one car every 5.5 mins) 7 (one car every 8.6 rains) Pro' - 115 ADT 8 (one car every 7.5 mins) 13 (one car every 4.6 miss) Total UBa` -199 ADT 19 (one car every 3.2 mins) 21 (one car every 2.9 mins) Assumptions: L Study assumes that only'an equivalent of 12 out of 48 dwelling units or 255/6 will utilize Ulla " lane, which is equivalent to the projected increase in 115 vehicle traffic on Ulla. 2. Per TA Table 2, each dwelling unit will generate 9.57 traffic per unit. See Table 2. 3. Per TA Table 3; the 48 dwelling units will generate 459 trips daily (48 DU times 9.57). ' 4: Per Exhibit I, Lot A dwelling units comprise 70% (33 lots) and Lot B is 30% (15 lots) of the 48 total dwelling units 5. It is assumed that 95 % of Lot B traffic will use Ulla lane and 5% "1 use Tiller. 6. 100% of Lot A will use Tiller and will NEVER USE Ulla Lane including Lot 10 and 11 who are in close proximity to Ulla 7. 10%of Tiller users will go south on Keel decreasing traffic on Tiller by the same percentage. 8. Ulla is currently a dead end street but there are no provisions included as to the impact of opening the street to thru traffic. It assumes that Ulla Lane will ONLY be used by EXISTING Ulla homeowners and by 950% of Lot B homeowners.: _ . 9. The study also assumes that the new public park on the'end of Ulla Lane will NOT generate additional traffic in and out of Ulla Lane from within or outside the project: Our Projections, Detailed Calculations and Assumptions are shown below: Scenario B. This scenario assumes that Tiller is not wide enough and in addition to the 25% Lot B traffic, 20% of Lot A traffic will use Ulla and 5% from outside the project will use Ulla for a total of 500/m Using the same TA assumptions stated on Scenario A above, 10%u of the Tiller users will go south to Keel so the remaining 40% will go weston-Tiller. Crona�in R V.&;ela lr"frr- Fefim9twl rMnr9er of Sn %m M121 anfa .. • z .."7. _ Street Ulla Tull er Keel Total : Existing Per Exhibit F 84 (1376) 276 (43%) 278 (44 %) 638 (100 %) Additional Traffic 229 (50%) 84(4 ) 46 (10%) 459 (1000%) Total 313(28%) 1460(42%) 1324(30%) 1.097 (100 %) 3 AGEWUA l I Ere i.v.Q_Q PAGE 10 7 . OF 13 t s Juan and Gloria Cuyugan, 3860 L lla Lane Lake Elsinore, Ca 92530 951- 678 -9738 Scenario RL Vehicle Traffic Percent increase on Inla lane Existing Per Exhibit F 84 1 1 - 100'/° Additional Traffic 229 (50%of459 Total Additional Project Traffic) 273% Projected Total 313 373% Scenario B2. Projected Average Daily Traffic (ADT) Impact on Ulla Lane at 50% - Maximum Peak Hnnr Traffic rArnlated ns folinmm - 60 minutes by the number of trim Assumptions: L Lot A users will be able to access Ulla since it is a thru street and nothing will prevent them from driving duo it Lots 10 and 11 will more than likely to use iiiia There seems to be plenty of parking on the side street where these lots are situated •. 2.: Existing residents on Tiller will also have access to Ulla for the same reason as assumption 1. 3:. Ulla is currently a dead end street and once opened to thru traffic, it will be accessible to other vehicular traffic from new and existing units. 4. The new public park at the end of Ulla will generate additional traffic from within or outside the project due to its close proximity to Ulia. 5. The TA study per Exhibit J, Tiller will have an additional 298 traffic for a combined total 574 as shown Exhibit M This assumption may only be true if Tiller is widened to 60, R C urrently, Tiller is narrower than Ulla and it cannot accommodate two cars to pass safely without one giving or taking the right of way when residents,park their cars on the street and over the curb making it almost a one -way street.: This will cause congestion especially with the TA's projected increase in traffic to 574 trips and will, encourage Lot A and B users to divert and drive thin the much,wider and less ingested Ulla with vehicle traffic of only 199 per TA report. The less densely populated Ulla will have fewer cars parked on the street than 'filler because all 8 residences have off street parking and properties are on '/, acre to 2 acres of land. 6. Per conversation with TA, 75% of Lot A and B traffic goes North (towards the freeway and shopping), and the 25 %remainder goes south. With the traffic congestion stated on 5 above, an estimate of at least 25% of the traffic will be diverted to Ulta adding to the 25% traffic anticipated on the TA report Exhibit I making the Ulla traffic go up to 50%(25%+25'/o) and. Tiller 40% (75 %-25% •100/6). It is anticipated per TA study that approximately 10 percent of the project traffic would use Keel. Scenario C. _, This scenario is a more conservative variation of Scenario B and assumes that 10% of Lot A traffic from the project and 5% from outside the project will use Ulla. Assumes that Lot A and Lot B homeowners will use Ulla and Titter 40/60 in and out of the developmenL Using the same TA assumptions stated on Scenario A above, 10% of the Tiller users will go south to Keel so the remaining 50% will go west on Tiller. .. E AGENDA ITEM ivG.— PAGE 1 °`F OF 1 3 Z `d/ AM Peak Hour Trips PM Peak Hour-Trips Existing - 84 ADT 1 l (one car every 5.5 mins) 7 :(one car every 8.6 miss) Projected - 229 ADT 16 (one car every 3.8 mins.) 26 (one car eve 2:3. mins) Projected Total - 313 ADT 30 (one car every 2.0 wins) 33 (one car every 1.8 wins) , Assumptions: L Lot A users will be able to access Ulla since it is a thru street and nothing will prevent them from driving duo it Lots 10 and 11 will more than likely to use iiiia There seems to be plenty of parking on the side street where these lots are situated •. 2.: Existing residents on Tiller will also have access to Ulla for the same reason as assumption 1. 3:. Ulla is currently a dead end street and once opened to thru traffic, it will be accessible to other vehicular traffic from new and existing units. 4. The new public park at the end of Ulla will generate additional traffic from within or outside the project due to its close proximity to Ulia. 5. The TA study per Exhibit J, Tiller will have an additional 298 traffic for a combined total 574 as shown Exhibit M This assumption may only be true if Tiller is widened to 60, R C urrently, Tiller is narrower than Ulla and it cannot accommodate two cars to pass safely without one giving or taking the right of way when residents,park their cars on the street and over the curb making it almost a one -way street.: This will cause congestion especially with the TA's projected increase in traffic to 574 trips and will, encourage Lot A and B users to divert and drive thin the much,wider and less ingested Ulla with vehicle traffic of only 199 per TA report. The less densely populated Ulla will have fewer cars parked on the street than 'filler because all 8 residences have off street parking and properties are on '/, acre to 2 acres of land. 6. Per conversation with TA, 75% of Lot A and B traffic goes North (towards the freeway and shopping), and the 25 %remainder goes south. With the traffic congestion stated on 5 above, an estimate of at least 25% of the traffic will be diverted to Ulta adding to the 25% traffic anticipated on the TA report Exhibit I making the Ulla traffic go up to 50%(25%+25'/o) and. Tiller 40% (75 %-25% •100/6). It is anticipated per TA study that approximately 10 percent of the project traffic would use Keel. Scenario C. _, This scenario is a more conservative variation of Scenario B and assumes that 10% of Lot A traffic from the project and 5% from outside the project will use Ulla. Assumes that Lot A and Lot B homeowners will use Ulla and Titter 40/60 in and out of the developmenL Using the same TA assumptions stated on Scenario A above, 10% of the Tiller users will go south to Keel so the remaining 50% will go west on Tiller. .. E AGENDA ITEM ivG.— PAGE 1 °`F OF 1 3 Z `d/ a _y Juan and Gloria Cuyugan 3860 (Ala Lane Lake'Elslnore, Ca 92530 951- 678 -9738 Street J Ulla __- Tiller ` Keel Total E i - Per Exhibit F 84 (13 5/6) 276 (43 %) 278 (44 %) 638( 00%) Additional 1.84 (400%) 229 (500%) . 46 (10%) 459 (100%) Projected Total 268(24%) 505(46%) 324.(30 %) 1097(100%) n n c......... �-� ver.:..ie �r�.rr Pe..�e..r ►... -.o.v nn 1111s isnr Existing Per Exhibit F - - - 84 l00% Additional Traffic l84 (40% of 459 Total Project Traffic) 2190% Pro eMe 1 268 319% Scenario C2. Projected Average Daily Traffic (ADT) Impact on Ulla Lane at 40% - Maximum Peak r-rnnc Tr f it raln.lafsvl ac fnllna — NI minniee Hues numhP.r of trins AM Peak HourTrips PMPeakHourTfips Existing - 84 ADT 11(0 car 5.5 wins) 7 (one car every 8.6 mins) Projected. ADT 13.(one car every 4.6 min&) 21 (one cai eve 2.9 minx) Projected Total - 268 ADT 23 (one car every 2.6 mins) 28 (one car every 2.1 miss) Y 'Y April 26, 2005 Kirt Coury, Planner City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Pat & Bonnie Kilroy 3940 Ulla Lane Lake Elsinore, CA 92530 951- 678 -5962 Re: Initial Study for Cottage Lane Specific.Plan Dear Mr. Coury: - After reviewing the Initial Study for the "Cottage Lane Specific Plan" I believe there are a number of flawed conclusions regarding effects of the project, which individually and certainly cumulatively, mayresult in significant adverse effects on the'environmetit that require more detailed study through the preparation of an Environmental Impact Report (EIR). Outlined below are the areas requiring the preparation of an EIR. 1. Conflict with City's General Plan and Specific Plan Area "P": The Initial Study. identifies the project site to lie within the future Specific Plan Area "P ", consisting of 115 acres. Implementation of Specific Plan Area ' P" envisions development of the entire 115 acres as one cohesive and complete development to meet all the elements ct ofthe.City's General Plan. In contrast, the proposed projesite is only one-tenth ( 1 /loth) the area described for Specific Plan Area "P". Therefore, the project would resuh in "piecemeal development" that is inconsistent with the General Plan. Clearly, the City's General Plan never contemplated adopting ten (10) separate sub - specific plans for the 115 acres designated as Specific Plan Area "P ". 2. Inappropriate Reduction of City's R -1 Development Standards: Approximately fifty percent (50 %) of the proposed project site area is currently zoned R.1 Single- Family Residential. In contrast, Wesco Development has submitted a tentative tract map in which seventy -five (75 %)of the lots do nut conform to the City's R -1 standards. There is insufficient justification for the City to reduce the existing R -1 development standards. As an alternative, rather than the City lowering the existing R -1 development standards, the Developer should be required to raise all lots to meet the R -i designation. 3. Insufficient Transition between proposed Subdivision and Adjacent Large R -1 Lot: The City's zoning code requires a transition or buffer between existing lower density zoning and the higher density subdivision proposed by Wesco Development. The Initial Study acknowledges the "single family dwelling on 4.55 acres along the western portion of AGENDA ITEM NO.� PAGE I Q b OF ( Z (.$) Pat & Bormie Kilroy -, Comments on Initial Study Page #2 1 Ulla ", however the tentative tract map does not provide for a buffer between this property . and lot # I _ This is in conflict with the City's Zoning Code. 4. Substantial Adverse Effects on Established Neighborhood: The Initial Study acknowledges that Ulla Lane is a dead -end private street consisting of eight large Tudor style homes. This established neighborhood with estate style lots and homes is a unique environmental setting. The proposed project assumes the, City of Lake Elsinore will now accept a street dedication that was rejected by the City more than twenty- five (25) years ago and take the street against the wishes of the current property owners. The State of California under the Code of Civil Procedure §'771.010 recognizes a time period greater than twenty-five (25) years for the offer of dedication to exist without acceptance to be simfrcant Over the course of such a'significant period of time, Ulla Lane developed into this unique environmental setting. The proposed project will have substantial adverse environmental effects upon this neighborhood community, which may include quality of life, safety, lowered home values and increased traffic. Additional study of these adverse effects is in order. •y 5. Substantial Increase in Traffic for Ulla Lane: The Traffic Assessment (TA):for the proposed project states that Ulla Lane will be one of two primary access streets to the subdivision. The Traffic Assessment assumes 251/o of the. n project traffic will use Ulla Lane. Considering the project consists of 48 lots; then this would be equivalent to twelve (12) additional households using Ulla lane for access. This would increase vehicle traffic on,U11a Lane by 150 %o:.over the existing traffic load. The assumptions used in the TA are clearly flawed as,viewed by any casual observer. There are at least fifteen houses ( Lots #134 -48) within the new subdivision that will routinely access Ulla Lane for convenience based on proximity. This would increase traffic by almost 200% over the existing traffic load on Ulla Lane. More importantly, the very name "Cottage. Lane Specific Plan•° is an embellished substitution for the environmental setting that best describes Witt Lane's Tudor style estate lots and homes. This distinct neighborhood along Ulla Lane has :a certain cachet that may draw more traffic than assumed by the Traffic Assessment report The potential for substantially increased traffic for "existing residences along Ulla Lane is significant and.needs additional study. Sincerely, - TJ Pat Kilroy Cc. Bob Brady, City Manager Bob Magee, Mayor RonLaPere, Planning Commission Chairman l AGENDA ITEM NO.— PAGE LFIBOLD "1 "T yr REG <._ -fn „FIVT (aJceVA COm MCCLENDON 2eO c, 23422 MILL CREEK DIUVE, SUITE 105 • LACUNA HILLS, CAUFO &NN 92653 & MANN D�P�. TEL 949.457.6300 PAX 949.457.6305 1d1�1�1 A Plof tff,ox of Coapa..Tfox January 14, 2005 Ms.' Mary Lewis 3820 Ulla Lane Lake Elsinore, CA 92530 -5342 Re: Status ojOwnershlp ofUllaLane Dear Ms. Lewis: » By way of introduction, our office serves as City Attorney to the City of Lake Elsinore. The City Manager's. office has requested that we contact you regarding the ownership" of Ulla Lane. We have reviewed the applicable Parcel Maps and consulted the Subdivision Map Act as they relate to the current status of Ulla Lane. First, let me provide a brief background ofthe information that we have reviewed. Ulla Lane traverses the southern boundaries of several residential parcels. We understand that the asphalt roadway does not include sidewalks or gutter and, therefore, is not to current City. code for `public" streets. Parcel Maps 7016 and 7362 have been recorded in connection with the residential development on Ulla Lane. Both Parcel Maps include an "offer" to dedicate Ulla Lane as a public street to the City. However, both Parcel Maps indicate that the City expressly rejected the offers of dedication of the land comprising Ulla Lane. (Such rejections are not uncommon if the improvements are not completed at the time of recordation of the Parcel Maps.) With limited exception, once an offer of dedication is made, it may not be revoked. (Gov. Code Section 66477.2). While the Subdivision Map Act requires the public agency to act on the offer of dedication to either accept or reject the offer, a rejection does not terminate the offer of dedication. (Gov. Code Section 66477.1(a).) Instead, the offer of dedication remains open and can be accepted at a later date" (Gov" Code Sections 66463, 66475, 66477.2.) We note that Code of Civil Procedure Section 771.010 provides that, under certain conditions, an offer of dedication can be conclusively presumed to be rejected after 25 years of non -use. Section 771.010 requires that the dedicated property "not [be] used for the purpose for which the dedication was proposed" for the 25 years following recordation of the parcel map. Moreover, a subsequent property owner must use the property as if it were "free of the dedication." Here, it is clear that the dedication was for street use JAN 14 '05 10:05 Q HiBO°r 9494576305 PAGE.02 AGENDA ITEM N17 -, . - OF 1 PAGE i b� 3 Z .d/ Page 2 and, in fact, that is how the dedicated property has been used. Moreover, the City's maintenance and street sweeping of Ulla Lane reinforces our conclusion that Section 771.010 is not applicable. t Based on this research, the offer to dedicate Ulla Lane remains open, but has not to date been accepted by the City. ' Consequently; Ulla Lane is not currently a- "public" street. This would change if the City elects to accept the original offer of dedication. We understand that you and your neighbors are worlong with City staff to discuss potential impacts on Ulla Lane that may,result from nearby development. It is -nor our intention here to preempt those discussions but merely to inform you'of the City Attomey's analysis regarding the ownership status-of Ulla Lane_ Please feel free to contact me if you have any questions regarding this letter. Very truly yours, VAN $LARCOM, LPao D, ` y MCCLeNnON & MANN, P.C. By: David H. Mann cc . Mayor and Members of the City-Council Di k Watenpaugh, City,Manager bert Brady, Dir. of Community Development Barbara Zeid Leibold, City Attorney Q..✓ 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 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 advisory agencies, appeal boards, or legislative body concerning the subject project, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. SPECIFIC PLAN NO.2004- 01'... 'Y _ 2. The Draft Cottage Lane Specific Plan shall be revised to incorporate any corrections and changes required by the Planning Commission and /or City Council. A Final Cottage Lane Specific Plan document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No pemnit shall be issued until the Cottage Lane Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee.''` `,,,✓ 3. Future development shall comply with those standards and guidelines contained in the Cottage Lane Specific Plan document. 4. Those issues, standards, guidelines, etc. not addressed in the Cottage Lane Specific Plan will revert to the City Municipal Code and /or Zoning Code in effect at the time future projects are proposed. 5. The applicant shall participate and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 6. The applicant shall provide all project- related onsite and offsite improvements as described in the Cottage Lane Specific Plan document. 7. The applicant shall implement those mitigation measures identified in Mitigated Negative Declaration No. 2005 -02 and its Mitigation Monitoring Program. 8. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 9. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. AGENDA ITEM PAGE 1I Q OF r_ CONDITIONS OF APPROVAL Page 2 of 10 COTTAGE LANE SPECIFIC PLAN TENTATIVE TRACT MAP NO. 32996 10. The Tentative Tract Map No. 32996 will expire two (2) years from date of approval unless within that period of time an appropriate instrument. has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance "with the Subdivision Map Act: . 1 11. The Tentative Parcel Map No. 32996 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of' the "Lake Elsinore Municipal, Code, Title 16 unless modified by approved Conditions of Approval. 12. Prior to final certificate ob occupancy of Tentative Parcel Map No. 32996, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, ' or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with.: All- uncompleted improvements must be bonded for as part of the agreements. 13: Prior to approval of the Final Map or if deemed appropriate by the City Engineer, prior to issuance of building permit, the applicant shall • initiate and complete the formation of a Homeowner's ^ Association, approved by the City .recorded, and in place. All Association documents shall be ( approved by City Planning and Engineering and the City Attorney and recorded; such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs shall include language to ensure the following conditions:` RESIDENTIAL DESIGN REVIEW NO. 2005-06, 14. Design Review approval for Residential Project No. 2005 -06 will lapse and'be void•unless a building permit is issued within one (1) year of the approval date. An extension-of time, up to one (1) year may be -granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer and payment of required fees one (1) month prior to expiration. 15. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Cottage Lane Specific Plan and Municipal Code, prior to issuance of certificate -of occupancy and release of utilities. 16. All site improvements shall be constructed as indicated on the approved building elevations and site plan for the model home complex: 17. Future site plotting ab& construction shall be consistent with these Conditions of Approval, those conditions approved with Tentative Tract Map No. 32996" and those provisions and requirements contained in the Cottage Lane Specific Plan and Municipal Code, subject to approval by the Community Development Director or designee. AGENDA ITEM NO. PAGE L1 OF /32. CONDITIONS OF APPROVAL Page 3 of 10 COTTAGE LANE SPECIFIC PLAN 18. Future site plotting and construction within Tentative Tract Map No. 32996 shall comply with the standards and requirements of the Single- Family Residential area (SFD 4000), as defined by the Cottage Lane Specific Plan. Future site plotting shall be shown on precise grading plans, subject to approval by the Community Development Director or designee. 19. Prior to first certificate of occupancy for the models, the applicant shall prepare for City approval an exhibit that shows which side and rear elevations will be provided with architectural enhancements for the Residential Project No. 2005 -06 area. 20. All weep screeds shall be a maximum three inches above any hard surface and four inches above any earth surface. 21. Any revisions to approved site plans or building elevations shall be. reviewed and approved by the Community Development Director or designee. , J 22. Materials, and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. I. , , 23. Provide a flat concrete pad or area a minimum of 3'- 0" by T- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall,conceal the trash barrels from public view, subject to the approval of the Community Development Director or designee. Precise grading Plans shall identify the location of the aforementioned flat concrete pad and air conditioning units: 24. 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 and public right -of -way. The applicant shall obtain street addresses for all production lots prior to issuance of certificate of occupancy. 25. 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, Engineering Manager. 26. The applicant shall comply with all applicable City Codes and Ordinances. 27. Prior to issuance of building permit, building plans for the Model Home Complex shall comply with all American Disabilities Act (ADA) requirements, including provision of .a handicapped- accessible bathroom. 28. A cash bond of $1,000.00 shall be required for the Model Home, Complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the Model Home Complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. AGENDA ITEM NO.__,� PAGE LL2 OF /3 z `.) CONDITIONS OF APPROVAL Page 4 of 10 COTTAGE LANE SPECIFIC PLAN 29. A cash bond of $1,000:00 shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 30. A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds will be released after removal ,:of trailers, subject to the approval of the Community Development Director or designee. 31.'The applicant shall pay school .fees to the Lake Elsinore Unified School District prior to issuance of building permit. . . 32. The project shall connect ,to -sewer and meet all requirements of the Elsinore Valley Municipal Water District ( EVMWD)., The applicant' shall submit water and sewer plans ,to the EVMWD and shall incorporate all district conditions and standards. -y 33. The design and construction �of.the project shall meet all County Fire Department standards for fire protection. s 34. All mechanical and electrical equipment shall be ground mounted. All outdoor ground or wall mounted utility equipment -shall be architecturally, screened along, with substantial landscaping, ^ subject to the approval of the Community Development Director, prior to issuance of building 1 permit. 35. All front yards and side yards on comer lots shall be properly landscaped with automatic (manual or electric) irrigation system to provide 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee: A LandscapeiPlan check fee will be charged prior to.final landscape approval based on the Consultant's fee plus 40 percent: 36. The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum of 30 feet apart and at least 24 -inch box in size: 37. Planting within 15 feet of ingress /egress points shall be no higher than 36 inches. 38. 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. 39. All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. 40. All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. AGENDA ITEM NO., --4) — PAGE I f 3 OF 1 3 2 CONDITIONS OF APPROVAL Page 5 of 10 COTTAGE LANE SPECIFIC PLAN 41. One of the proposed lots of the,Model Home Complex shall be Xeriscaped and signage provided identifyingXeriscapelandscaping. 42. The Final landscape plan shall be consistent with any approved site and /or plot plan. 43. The Final landscape plan shall include planting and irrigation details. 44. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation,system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. , .45. Prior to issuance of building permit; the applicant (master developer) shall prepare a Community- Wide Wall Plan for the project,. subject to approval by the Community Development Director or designee. 46. The applicant shall prepare a Wall and Fencing Plam for the area comprising Design Review No. 2005 -06 in compliance with the fencing standards within the Zoning Code Section 17.14.130.D prior to issuance of any building permit, and subject to the approval of the Community Development Director. or designee. Said plan. shall comply with ,City standards and details for fencing and also include design of a perimeter decorative block wall_ 47. Fences located in any front yard shall not exceed three feet in height with the exception that r 1 wrought -iron fences may be five feet in height. Chain link fences shall be prohibited. 48. Garages shall be constructed to provide, a minimum of 10'x,20' of interior clear space for two cars for a total interior clear space of 20'x 20'. 49. Prior to issuance of any precise grading permit' or. building. permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the. executed original to the Community Development Department for inclusion in the case records. 50. These Conditions of Approval shall be reproduced,on subsequent building plans prior to issuance of building permit. 51. The Homeowner's Association shall maintain all project improvements and facilities, including the project streets, landscaping, park facilities, and drainage improvements. 52. Applicant shall comply with,the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 53. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 54. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the ( 1 Lake Elsinore Unified School District have been paid. Q•✓ AGENDA ITEIM N0. PAGE 0 `f OF /?2- CONDITIONS OF APPROVAL Page 6 of 10 /1 COTTAGE LANE SPECIFIC PLAN 55. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County .FireDepartment•have' been 'met. 56. Prior to issuance of building permits, applicant shall pay. park -in -lieu fee in effect atairrie of building permit issuance. 57. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. ENGINEERING . 58. Dedicate full half width right -of -way for Ulla Lane adjacent to the project boundary. ,Dedication shall be for 30 -feet measured from the centerline of Ulla Lane to the project property line. Dedicate y full width right -of -way within the project boundary. Full width right -of -way shall be 160-feet.'. 59. Construct full half width street improvements for Ulla Lane within the project limits. 60: Proposed pavement adjacent to the existing Ulla Lane shall measure 18 -feet from the centerline to the proposed project curb face: . 4 n 61. Paving of off -site Ulla Lane shall extend from the existing edge of pavement to the southerly (Saul's) property line. Construct a City standard asphalt dike extending from the curb return on Machado Street to the proposed project curb face improvement. Connection between the AC dike and the proposed curb face shall-be on the same alignment. 62. A Caltrans Standard edge line shall, be located one-foot from the face of the AC dike and shall be shown on the proposed signing and striping plan. 63. Construct an intersection radius on the southwest comer of Machado Street and Ulla Lane: Construct an intersection radius on the northeast comer of Machado Street and Tiller Lane. Design shall be approved by the City Engineer or designee. 64. Dedicate full width right -of -way for Tiller Lane within the project limits. Dedication shall be for a width of 50- feet:- 65. Construct full width street improvements on Tiller Lane. Street improvements shall be for 36 -feet from curb -to -curb and shall reflect the current conditions found at Tiller Lane @ Keel Drive (i.e. sidewalks shall be continued on proposed Tiller Lane). Design shall show connection to the existing street section nonhwest.of the project limits.'. 66. Off -site improvements on Tiller Lane shall include paving adjacent to the existing edge of pavement such that the full width; curb face to edge of pavement is 31-feet. AGENDA ITEMS NO. PAGE_) OF /?I- CONDITIONS OF APPROVAL Page 7 of 10 COTTAGE LANE SPECIFIC PLAN 67. Construct an AC dike at the new edge of pavement along the northerly right -of -way (Saul's property) line.- "No Parking" signs shall be'posted along the northerly right- of- way-line. A white edge line shall be marked adjacent to the face of the AC dike on Tiller Lane. 68- Lot W. and Tiller Lane shall intersect.as a City. Standard Knuckle.., :; 69. All slopes shall be graded no steeper than 2:1. 70. All slope drains shall be conveyed to an approved drainage course. 71. All street grades shall not exceed nine percent (9 %) unless otherwise approved by the City Engineer.`• 72. Payall development fees, including area drainage, TIF and TUMF. ' 73. Provide permission to grade and permission to construct improvements from the adjacent property .y owner as applicable, unless previously submitted. - -- 74. In the eunt that dWnstremn)ZxdccnW facilities wdl not map i awwdr m off, dxn dv appA=tshal pwide for detention of sm" uuterno offgmater them the existmgtmvrpr zd mAtim Outlet ofdetm im faahty shall be ansistott irnth znlznrt; dirtrtiat and d�aracter of the historie flair (Anzm" 7/19/2005). Applieaat shell .,ide for d,,tentien of step. eff 1. 1, d cenditien. O 1 water of deteatien facility shall be consistent with volume, direction and ehafa6ter ef the histerie flew�. 0 o b 5 Y 75: 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. 76. Provide street lighting and show lighting improvements as parr of street improvement plans as required by the City Engineer. 77. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District Number 1 and CFD 2003-1: _ 78. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 79. Applicant shall submit a traffic control plan showing all traffic control devices for the traci.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. 80. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 81. 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 patter 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 AGENDA ITEM NO.Q_ PAGE Ll OF ! 3 T- CONDITIONS OF APPROVAL Page 8 of 10 COTTAGE LANE SPECIFIC PLAN grading permit shall still be•obtained:so that a.cursory drainage and flow pattern inspection can be conducted before grading begins. 82. Provide soils, geology and seismic report including street design recommendations. Provide final, soils report showing compliance with recommendations. a 83. 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 alreadyon file.. 84. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 85. Underground 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. 86. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 87. 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. 1 88. 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). 89. Street improvement plans-and specifications shall -be prepared by Calif. Registered Civil Engineer. Improvements shall be designed and constructed to City of Lake Elsinore Standards, and City Codes (LEMC 12.04 and 16.34). 90. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 91. Interior streets shall be designed with 9 %d as the desired grade.and intersecting streets shall meet at a - maximum grade of 6 % . 92. Pay all ` fees and meet,requirements'of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 93. All compaction reports, grade certifications ,•monumenrcertifications (with tie notes delineated on 8 'h" x 11" Mylar) shall be. submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved., 94. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. l 95. All grading shall be done under the .supervision of a' geotechnical engineer and he shall certify all AGENDA ITENt NV. PAGE 11 3 pF 3 CONDITIONS OF APPROVAL Page 9 of 10 COTTAGE LANE SPECIFIC PLAN Slopes steeper than 2 to 4 for stability and proper erosion. control., All. manufactured slopes greater than 30 ft. in height shall be contoured. 96. On -site drainage facilities located outside of road right -of -way should be contained within, drainage easements shown on the final map.. A note should be added to the,fmal map stating: "Drainage easements shall be kept free of buildings and obstructions ". 97. 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. 98. Meet all requirements of LEMC;15.64 regarding flood.hazard regulations. 99. Meet all requirements of LEMC 15.68 regarding floodplain management. ' 100. Unless reports are already on file, submit Hydrology and Hydraulic Reports for review and 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 drainage.. 101. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be.approved by the City Engineer. . Q. ) 102. Roof and yard drains shall not be allowed to outlet through cuts in the street curb. Roof drains shall ( 1 drain through a minimum 20 -feet of landscaped area. `. ) 103. Ten (10) year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the .street right -of -way. When either, of these criteria is exceeded, drainage facilities should be installed. . 104. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed . 105. Unless previously submitted, the applicant shall provide the city with proof of his having filed a Notice of Intent with the .Regional Water Quality Control Board for the National, Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented -for the development including maintenance responsibilities. . , • 106. Education, guidelines and Best, Management. Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental'awareness education materials on good housekeeping practices: that, contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. , 107. Unless previously completed, the applicant shall provide first flush BMP's using the best available AGEt,'DAtiEonivJ. — PAGE / L 8 OF 3 Z- CONDITIONS OF APPROVAL Page 10 of 10 . COTTAGE LANE SPECIFIC PLAN ! ( technology that will reduce, storm water pollutants from parking areas and driveway aisles. 108. In accordance with the, City's' Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. j i I ' i s i , i AGENDA ITE-h hO. cXJ2_ PAGE L L�1 pF t 3 2 RESOLUTION NO. 2005-87 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE.ELSINORE, CALIFORNIA; ' RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS OF CONSISTENCY WITH SECTION 6.1.2 OF THE MULTIPLE SPECIES HABITAT CONSERVATION, PLAN (MSHCP) FOR THE PROJECT KNOWN AS THE COTTAGE LANE SPECIFIC PLAN. WHEREAS, a site specific focused survey for Narrow Endemic Plant Species is required by Section 6.1.2 of the Multiple Species Habitat Conservation Plan ( MSCHP) for the purpose of a Specific Plan; and WHEREAS, the City of Lake Elsinore evaluated the consistency of the project with the (MSHCP); and WHEREAS, the Planning Commission of the City of Lake 'Elsinore-has been delegated with the responsibility of making recommendation to the City Council adopting the Findings of Consistency with the MSHCP; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered and approved the request by staff on June 21, 2005; and WHEREAS, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: A Habitat Assessment prepared by Michael Brandman Associates has been prepared, submitted and reviewed in accordance with requirements of the Multiple Species Habitat Conservation Plan (MSHCP). The report is complete and adequate in it's evaluation of all environmental effects of the project known as the Cottage Lane Specific Plan project and will not preclude the implementation of the MSHCP goals, based on the following finding; FINDINGS - MULTIPLE SPECIES HABITAT CONSERVATION PLAN I. The proposed project is a project under the City's MSHCP Resolution that must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resohition, bwuuse the proposed prow mquims a manlxr of &s retiautry approvals fan A City and is sub)w to CEQA moiew, it must be mviezied for MSHCP ansisteruy, uhiidi entails for the proposed project dear naffing aehxdxr it is subject to the City's LEAP process, consistent with dx Protxtian of Species Associated wish Riparian/Rnoww Areas and Venial Pool Guideline (MSHCP, § 6.1.2), Proto 6= of Nanow Endonir Plant Species Guidelines (MSHCP, § 61.3), Additional Sway Neffl and I+0rah4ms (MSHCP, § 6.3.2), Urlaa lW- ilcllan is Interface Guidelines (MSHCP, § 6.3.2), Vegetation Mapping (MSHCP, § 6-3- 1) mguimmertts, Fuels Managmxnt Guidelines (MSHCP, § 6.4), and pay rou of the MSHCP Loral Detdop rertt Mitigation Fee (MSHCP Ordwance, § 4). AGENDA ITEM NO.� PAGE [ Z o OF f 3 2 PLANNING COMMISSION RESOLUTION FOR ' COTTAGE LANE SPECIFIC PLAN MSHCP CONSISTENCY Page 2 of 3 2. The proposed project is not subject to the Joint Project Review process. The footprint of the poject -site'is not larutctl wifbin an MSHCP Criteria Area, and dx%tfore, ientrld not be 'subject to the fovit'I3vjttt Reaety process: 3. The proposed project is `consistent with the Riparian/Riverine Areas and Vernal ,Pools Guidelines. No riparian, nwrine, zemal pool /fairy sh`vnp habitat and odxraquatic resouw.0 m identi;W oz the proposal proj.ea site. Asa result, no fiaVxr.MSHCP analysis or crown u'm, rwures are mquiied The pgwsed prohxt is Awfom amsistauwith the Ripmr vvRt,aline'Areas and T/errwl Pools GuideZvres. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The pyu)wt site does not fag um6i the Namw Endaw Plant Spew Surmy Anas '721271,4re, a habij7 I' J I I I I' ofNanvwAd67WP4V1t Sow Guz&lwes 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The prajtrt, site does not fall uithin "the Burrwing Ozd.. Suray Arm In addition, it uus deters wwd that the speies is not expete d to oaw on -site due to the lack of suitcible habitat The pmj%rt is dxrefore conszs&w uidr the Additional Surcay Needs Req amnatts. ( 6. The proposed project is consistent with the Urban /Wildlands Interface Guidelines. ' I I/1 I/ piopect IS not I I /' the Urbm1Wdd-md; /I' idel p in dvt the praposed does r / N xz Lhh=1VddLvzds / r / I a site is not mdxn or' adjamn I any 4 criteria or N / I/ 'r proposed ! ! : / I' r /rr Itn / GuidelIna. 7. The proposed project is consistent with the Vegetation Mapping requirements. The •crgetation of the entire proper site has been mapped This mapping u suff cmnt under the MSHCP and is crosistau with tle MSHCP. In addition, a habitat asses.Arxnt was cor&xial for mrrtpiiarurwith the MSHCP. Ile project site is not wahin or adjacmt to any MSHCP criteria or covzserr -won areas. The proper[ site does not provide riptarian /rice ore or ztind pool habitat. The project site ammdy cozwts of undetarotcd land that has ban htghly distu,led through wued abaionaat and agric duffal practices. No sensitise plant or animal speies wee ide tyW as potentially a oaring azite during tle habitat assesa rot . 8. The proposed project is consistent with the Fuels Management Guidelines. Ile proposal pgva does not prelude the Fuels Ma zMmxnt Guidelines of the MSHCP. Accordingly, dx proposed project is tAmfcm mmistentwith the Fuels Mmugerrm Guidelines. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a co rchmn of approual, the project will be required to pay the City's MSHCP Local DezAprmt Mitzgaam ^ Fee at the tiroe of issuance of buzldingpen= . f AGENDA ITEM NO., gA _ PAGE 1.11 L _OF __t 7 7 .y PLANNING COMMISSION RESOLUTION FOR COTTAGE LANE SPECIFIC PLAN MSHCP CONSISTENCY Page 3 of 3 10. The proposed project overall is consistent with the MSHCP. , The pnVosed project armies and is cmwtent,with all of the regWad pros &ays, policies, and guidelm of the . City's MSHCP Resdutiat and the MSHCP The applicant has made rrviWU to the prorct or has agreed to spec* crsrditimrs, which wordd a oid the effats or mitigate the 4m of the pro jat to,a poimuk-re no signifua za e&s undd oaur. NOW, THEREFORE, based on the above findings, the Planning Commission of the.City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore adopt the Findings of Consistency Section 6.1.2. Ron LaPere, Chairman ` Lake Elsinore Planning Conmrission I hereby certify that'the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on July 19, 2005 by the following vote: AYES: Commissioners: LAPERE, ONEAL, GONZALES, LARIMER , NOES: Commissioners: ' 'ABSENT- Commissioners: ABSTAIN: Commissioners: ATTEST: Robert A. Brady, Secretary to the Planning Commission AGENDA ITEM IVO.� Z pF PAGE 12 �-- RESOLUTION NO. 2005-88 f A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING' TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF MITIGATED NEGATIVE DECLARATION NO.2005 -02 WHEREAS, Bart Hornstein, Wesco Homes,.has submitted an application for the.Cottage Lane Specific Plan. The approximate. acre site is located northwest of Riverside Avenue, southeast of Machado Street, and north,of Grand Avenue, between Ulla Lane and Tiller Lane from R -1 Single Family' Residential District 'and R- 2.Medium Density Residential District to the Cottage Lane Specific Plan; and WHEREAS, the Cottage Lane „Specific Plan No. 2004 -01, Tentative Tract Map No. 32996, and Residential Design Review No. 2005 -06 together comprise the "project” as defined,by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code ' Section 24000 et se q.; which is defined 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 -02, has been .prepared, to evaluate environmental impacts resulting with the project; and , f WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approving Mitigated Negative Declaration No. 2005 -02; and- WI AREAS, ••public notice of said applications 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 21; 2005. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1.. The Planning Commission has considered the proposed Mitigated Negative Declaration No. 2005 -02, prior to making a decision to recommend approval to the City Council. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2005 -02 is adequate and prepared in accordance with the requirements of the Califomia Environmental Quality Act (CEQA) which analyzes environmental effects of the Specific Plan, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Mitigated Negative Declaration No. 2005 -02 have been made as follows: AGENDA ITEM NO.� PAGE IZ3 OF 1 32 PLANNING COMMISSION RESOLUTION FOR MITIGATED NEGATIVE DECLARATION NO. 2005-02 Page 2 of 2 1. Revisions in the project plans or proposals made by or agreed to by, the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and The appl=u has made moiswm to tlx pyofa or has agrerito spa*caulitiwts ubtaruwRmad the Oku or nwgae the effyts of dx pno bit to a p mtuhre no signifrccmt gfirzszewUoam: 2. There is no substantial evidence, in the light of the whole record before the agency; that the project as revised may have significant effect on the environment. , Peosuau to the wdmwrtem&in the light of theukk rand presmted to staff dx p vjkt ud1 not hatea signifuan gfe^t on the ernvow vu (auiderM dx applicable Qndimm of AppwudandMingatwn Monitoring 1- tWan 3. Mitigation measures have been required to ensure all potentially significan t impacts are reduced to levels of insignificance. _- Mitigaaw rmawm haw bait 7eTar&uhicbwd1 miuw sign)cau &wmmaental i *wn to the level of vxsagnrfrcarce NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council 'of the City of Lake Elsinore approve Specific Plan No.2004 -01.1 Ron LaPere, Chairman ' Lake, Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on'July 19, 2005 by the following vote:' AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Robert A. Brady, Secretary to the Planning Commission M LAPERE, O'NEAL, GONZALES, LARIMER AGENDR � � da nv -� PAGE_ OF I— J (..r) I .y n n RESOLUTION NO: 2005 -89 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING, TO THE CITY COUNCIL OF. THE CITY OF LAKE ELSINORE, APPROVAL OF SPECIFIC PLAN ,NO. , 2004-,01, CHANGING,, THE,-: ZONING DESIGNATION OF THE PROPERTY LOCATED, NORTHWEST OF RIVERSIDE AVENUE, SOUTHEAST OF MACHADO STREET AND NORTH OF GRAND AVENUE, BETWEEN ULLA AND TILLER LANES, FROM R -1 SINGLE FAMILY RESIDENTIAL DISTRICT AND R -2 MEDIUM DENSITY,RESIDENTIAL DISTRICT TO THE COTTAGE LANE SPECIFIC.PLAN UNDER THE ZONING , ORDINANCE WHEREAS, Bart Hornstein, Wesco Homes, has submitted an application for the Cottage Lane Specific Plan. The, approximate .12.04 acre site is, located northwest of Riverside Avenue, southeast:of Machado Street, and north of Grand; Avenue, between Ulla Lane and Tiller Lane from R -1 Single Family Residential District and R -2 Medium Density Residential District to the Cottage Lane Specific Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approval of Specific Plans; 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 21, 2005. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE, as follows: SECTION 1. The Planning Comtission has considered the proposed Specific Plan No. 2004 -01, prior to'making a decision to recommend that the City Council approve the Cottage,Lane Specific Plan, and change of zoning designation. The Planning Commission finds and determines that Mitigated Negative Declaration' No. 2005 =02 is adequate and prepared-in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Specific Plan, based upon the following findings and determinations:• SECTION 2. ,That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings fdr the, approval of Specific Plan No. 2004 -0i have been made as follows: 1. The location and design of the' proposed development shall be `consistent with the goals and policies of the City's General Plan'and with any other applicable plan or policies adopted by the City. AGENDA ITEM No. � PAGE / 2T OF / 2- PLANNING COMMISSION RESOLUTION FOR COTTAGE LANE SPECIFIC PLAN NO.2004 -01 Page 2 of 3 The Couage Lane Spetiftc Plan rr xu the City's Spa* Plan criteria for mntent and required unp/emasta cn of t!e Gareral An atablishad by Serciwx'65450 et se . of tl�'Califimzia Goteirvreazt Cade and S�ziwt 17.99 of A City of Lake El.. w m MwricipV Cale Aawd*tt ,the p tposed Sperifze Plan is in cu»aarrarce with the objxnue of AGmeral Plum and dx- purpose of Aplamiing district m which Asite is looted- 2. The proposed use will .not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. . I' I' i /rr .. I ' I ' r • ', I I : r 'r I r / /' / I / I 1 I' I %'Ir r r 4 n/ •% w r /SY rYI /i/ /III Yr I r I I I K n n/ r' r11 II r %/r r/I r/' I'r % n/ I I' /r I 'r '/ Ir r r 1' rr/ rrr in1'1 rr/ r//• ' /GIr r♦I' / I / /// / ♦ 1 r r • w rr /'• � rr / YI I II % Y/ r / f. I r •/ ' r a r' rr '• r Y•' r r/ r I •% r 'r r I r/ 1 •% r r I 1 r /n ' I III 3/ I//•' Ir /i rr r /'% /n • %/ / /' /' r I' I r / //' I I II' '/ % •I % /V rr / % rr •r • r ;/rr i /% Y/ r 'I J rr // / /' r A I rllri 3I r / /r•' n I' r/ I r I/r n/ I IIn r Y r r Y /' p/I I III i/ / 1 r / III G/ 1' r/r % / r I Y/r• /' %I/ 9 n I 'r r r /'r r • Y /' r ♦ 'r I' / /' '39 I I/I %/ n / Ir✓ ' / I /I %I / I.i r // 1I I / rr / I r /n • // .% / r I / i /' r r n r /'rI i/ r r I /n Y // II r %II % rr n /r • I' rr %/ r I ♦r•" r/ /i n / / / 'r ? r ro / r r r /' I' ,/'i r I� • rr / ' I I i r 1 I' rI ' % ♦ / r I • /I •r • /' 1I rr / I' h• I I I /' r I 'r r• /i n/ r • / ' r r i rr 'r 5. The site for the proposed use relates to streets and highways with proper design both, as to width and type of pavementto' carry tie type and quantity of traffic generated by the subject use. The proposed Cottage Lane Spo*Pkm has bem mwtwd z to its relation w the width and typo of parm 3w nm-kd to carry the type arulqumuty of trafficgowrateL4 in that tie City has adequately auAwted the potential vnpmu assxwtedwith the proposed uses, prior to its appmudand has mnditiw& de pro)Ett to be senud by rnzds of adequate capacity and design standards to pmvide mmna&re access by car,, muk, transit, and bicycle. "t AGENDA ITEhi No. Af) PAGE C_26 OF 13 t PLANNING COMMISSION RESOLUTION FOR COTTAGE LANE SPECIFIC PLAN NO. 2004-01 t Page 3 of 3 6. Adequate conditions and safeguards pursuant to Section 17.99 of 'the LEMC have been incorporated. into the approval of the Cottage Lane Specific Plan to insure that the project continues in, a manner envisioned by. these findings. . Pur%mt to Sal= 17.99 (Spmc Plan Appmual, Denud and Modzficuacr s) of the Lake Elsinore Munuipzl Carle (L EMC), A prv/x?sed Cottage Lane Spttif:c Plan lxu ban sob"" for cwrsideratiaz and appnnal of dx Pkvm lg Carordssiaz NOW, THEREFORE,. based on the above findings, .the Planning Commission of the,City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Specific Plan,No.2004 -01. Ron LaPere, Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on July 19, 2005 by the following vote :' AYES: Commissioners: LAPERE, ONEAL, GONZALES, LARIMER t NOES: Commissioners ABSENT:',.', Commissioners: ABSTAIN: Commissioners ATTEST: Robert A. Brady, Secretary to the Planning Commission I l ' AGENDA ITEM NO. �( ^ � PAGE 12 7 OF (3 Z RESOLUTION NO. 2005-90 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL: OF TENTATIVE TRACT MAP NO. 32996 WHICH SUBDIVIDES 12.04 ACRES OF THE COTTAGE LANE SPECIFIC - PLAN AREA' INTO 48 :RESIDENTIAL LOTS . WHEREAS,,Bart Hornstein, Wesco Homes, has submitted an application for Tentative Tract Map No. 32996 which subdivides 12.04 acres of the Cottage Lane Specific Plan into 48 residential lots. Tentative Tract Map No. 32996 is generally located northwest of Riverside Avenue, southeast of Machado Street, and north of Grand Avenue, between'Ulla Lane and Tiller Lane; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; 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 21, 2005. NOW THEREFORE, the Planning Commission of the. City of Lake_ Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed subdivision, Tentative Tract Map No. 32996, prior to making a decision to recommend that the City Council approve the proposed subdivision. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2005 -02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Cottage Lane Specific Plan and Tentative Tract Map No. 32996, based upon the following findings and determinations: SECTION 2. That in accordance with State California Subdivision Map Act and requirements of the City of Lake Elsinore the following findings for the approval of Tentative Tract Map No. 32996 have been made as follows: The proposed subdivision, together with the provisions for the design' and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. ' I' / / I' rr G I • I/ r • / /' r / I r rr • / I' / I i //r n. ih • /r /1 / I / / i II/ 4 D r /' L// r/ I 3 r • /' r /' / I ' I G ' /' • I i/ ' / /I r r • / 'r Will/r / /' • r/ /r / Y / r I rI/ I/ '/ I' rr I/• r 9 n •I r +' weanwigt 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). AGENDA ITEM NO. r- ( D - PAGE L2� OF ►; 2 PLANNING COMMISSION RESOLUTION FOR TENTATIVE TRACT MAP NO., 32996 Page 2 of 2 The pnt e t is mast" with dx. lmrd use plm% dad pn" and design standards and pmgram, and all odber appropriate nnumn"s contained in dx Gax-ral Platt, and Cottage Lane Spec Plan. As discasserl, the General Flab designates the prtrpat site as Low Mad •icon and Ma7ican Darsity Residartial..7he Cottage Lane Spa* Plan des sites tl-p owsiteas SFD 4000 (Single Fcprrily DmsuyResidattid, rnnavraon 4,000 mare foot lot). Tract Map No. 32996 is enrtsistent with the SFD 4000 designation and applimble deu *m" and design standards. 3. The effects this proposed subdivision is likely to: have upon the housing needs of the region, the public service requirements of its ;"dents „and the available fiscal and environmental resources have been considered and balanced. The project is causstent with the C4 s General Plan and Zarng Ode, wdl prtrrrde naessary p bhc seroues mad facdaws, wtll pay all appmpnate fees, andwdl not resdt in anya5kvwaruirwvn"d =Pa 4. The design of the subdivision provides to the greatest extent possible; for future passive or natural heating or cooling opportunities, in the'subdivision (Government Code Section 66412.3). 71r pmjatlull amplyiiwh all appropriate ccn-wr uawn mcjuirerrerts of the Cuy'and Zlniform Building' Cade NOW, THEREFORE, based on the above findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City•Councd of the City of Lake Elsinore approve Tentative Tract Map' No. 329 %. fo Ron LaPere,Chairman Lake Elsinore Planning Commission I hereby certify' that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on July 19, 2005 by the following vote: AYES: Commissioners: LAPERE, O'NEAL, GONZALES, LARIMER NOES: Commissioners:: ABSENT: Commissioners: RESOLUTION NO.2005 -91 ,. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF RESIDENTIAL DESIGN REVIEW NO 2005 -06 FOR THE COTTAGE LANE SPECIFIC PLAN WHEREAS, Bart Hornstein, Wesco Homes, has submitted an application requesting Design Review approval of a four -unit model home complex, productions units, and recreational facilities within the Cottage Lane Specific Plane The approximate 12:04`acre site is' located northwest of Riverside Avenue, southeast of Machado Street, and north of Grand'Avenue, between Ulla Lane and Tiller Lane; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making, recommendations to the City Council for, approval of Residential Design Reviews;,and WHEREAS, public notice of said application has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 21, 2005.1 NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: j SECTION 1. The Planning Commission has considered the proposed Residential Design Review No. 2005 -06, prior to making a decision to recommend that the City Council approve the Cottage Lane Specific Plan, and change of zoning designation. The Planning Commission finds and determines that Mitigated Negative Declaration No. 2005 -02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act. (CEQA) which, analyzes environmental effects of the Specific Plan and Residential Design Review, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Residential Design Review No. 2005 -06 have been made as follows: I I . 1. Subject to the attached conditions the proposed project is not anticipated to "result in any significant adverse environmental impacts. Staff bas determined that this piwxt is cwuistaat uvh the Cottage Lane Spte* Plan and Tentative Tract Map No. 32996. Mitigated Negative Dtrlarawn No. 2005 -02 pmoides adequate ern6urrrdrtal clearince and analysis for this p vpcx d Design Review application. In addd iwr, appruml of this Design Rawzv applicatiar trill assist in aok%ng the dadopmw of a wed-balarued and functional rnix of residential, canne=4 industrial, open spam, inowtiorud and instittaxnal land rases as xcell as encouraging inaiatnal land uses to dizersify Lake Elsinore's eu)nmw Ease. AGENDA ITEM ND.�LP PAGE (3° -F 132 PLANNING COMMISSION RESOLUTION FOR :. n RESIDENTIAL DESIGN REVIEW NO. 2005-06 •: Page 2 of 2 2. The project complies with the Goals, Objectives and Policies of the General Plan and the Cottage Lane Speck Plan, as approved As discussed, the General Plat designates the proxxt site as Lori Mediwrt aid Medium Ikizsity Residential The Cottage Lane Specific Plan designates the proTxt site as SFD 4000 (Single F1114'Dmty ResubteiaZ twain wn 4,000 squme feet lot). Trail Map No. 32996 and the praposm mall ha ru cvnplex and proeLxtian units are consistent with A SFD 4000 designation and aNhazble decelopnoit and design standards. In additia% the&" of thepipposedpow is cwuisterzt wish the density of the General Plan designaticru.. ; 3. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 7h- p uposed project is appropriate to the site and surrewidireg derxlop wzts in that d) proya will a rzstriert single family detaded units in acmrdance with appropriate decdopnmt and design stand ils cuntavied in the Cottage Lane Spit* Plan. The project creates interest and moo vistas as a persen waxes along any prorixt street The pyuw also wwplerrr the qzw ty of existing neighboring dem*rwu and will cawnx to prauick vis w4pleastng design and atrhitaturewithvz dze Cottage Lane Spa fc Plan arra. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. 11' I rrr rr I r' r . Ir I/.• I III 9I �s /Y Ir �4 • �' 1 11 I• I I r ✓ -' rr • • i/ iI / I' /' r I P n I r I I I r/ n r r. I �� I' NOW, THEREFORE, based on the above findings, the Planning Comrission of the City of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake Elsinore approve Residential Design Review No.2005 -06. Ron LaPere, Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on July 19, 2005 by the following vote: AGENDA tTEBA NO. PAGE 131 Op 13 1— PLANNING COMMISSION RESOLUTION FOR RESIDENTIAL DESIGN REVIEW NO. 2005-06 Page 3 of 2 AYES: Commissioners: LAPERE, ONEAL, GONZALES, LARIMER NOES: Commissioners: ABSENT: Comtissioners: - ABSTAIN: Commissioners ATTEST: . Robert A, Brady, Secretary to the Planning Cotnmission AGENDA ITEM NO.IQL� PAGE I_ 33 2_OF/?2— V ORDINANCE NO. 2005 -1153: AN ORDINANCE OF THE CITY OF LAKE ELSINORE, r CALIFORNIA, AMENDING CHAPTER 16.74 TO TITLE 16 OF THE , ' LAKE ELSINORE, MUNICIPAL' CODE ESTABLISHING FEE&ON.DEVELOPMENT PROJECTS WHEREAS, Chapter 16.74 of the Lake Elsinore Municipal Code establishes a mechanism for the benefit of the citizens whereby as a condition to the issuance of a building permit or certificate of occupancyby the City the property owner or land developer will'be required` to pay Development Impact Fees or provide other consideration to the City; and WHEREAS, it is the purpose and intent of the City Council of the City of Lake Elsinore to' amend rChapter 16.74 by. including additional Development Impact Fees for the purpose ,of;defraying_ the ;costs of public expenditures for capital improvements -(and operational services to. the extent allowed by law) which will benefit such new development.; THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1 That Section 16.74.020 of Chapter 16.74 of the Lake Elsinore Municipal Code is hereby amended to add the following defined terms: "Animal Shelter Facilities". mean animal shelter facilities that will primarily serve residents in the City by providing animal control and adoption services, including planning, preliminary engineering,. engineering ,design studies,, land surveys, issuance of permits, and construction of animal shelter facilities construction projects. "City Hall and Public Works Facilities" mean' the City Hall and public works facilities that serve both homes and businesses citywide; including planning, preliminary engineering, engineering design studies, land surveys, issuance of permits, and construction of City Hall and public works facilities construction `projects: "Community Center Facilities" mean community center facilities that will primarily serve residents in the City by providing space and facilities for recreation and similar programs, including planning, preliminary engineering, engineering AGENDA ITEM N0. ,33 PACE _L OF L� design studies, land surveys, issuance of permits, and construction of community center facilities construction projects. ' "Lake Side Facilities" mean lake side facilities that will primarily serve residents in the City by providing recreation at the lake; including planning, preliminary engineering; engineering design studies, land surveys, issuance of permits, and construction of lake side facilities construction, projects. SECTION 2: That Section 16.74.042 is hereby added to Chapter.16.74 of the Lake Elsinore Municipal Code as follows: 16.74A42 City Hall and Public Works Facilities Fee. To mitigate the additional burdens created by new development for City Hall and Public Works Facilities, a Development Impact Fee identified as the City Hall and Public-Works Facilities Fee will be imposed on all newAevelopment in the City to finance the costs of City Hall-and Public Works Facilities. SECTION 3: That Section 16.74.044 is hereby added to Chapter 16.74 of the Lake Elsinore Municipal Code as follows: 16.74.044 Coinmunity Center Facilities Fee. To mitigate the additional burdens created by new 'development for Community Center' Facilities,' a Development Impact,'Fee identified as the Community Center Facilities Fee will be imposed on all new development in the City to finance the costs of Community, Center Facilities. • "�= SECTION 4 _ That Section,. 16.74.046 is, hereby added to Chapter ,16.74 of the Lake Elsinore Municipal Code as follows:. 16.74.046 Lake Side Facilities Fee. To mitigate the additional burdens created by new development for Lake Side Facilities, a Development Impact Fee identified as the Lake Side Facilities Fee will be imposed on all new development in the City to finance the costs of Lake Side Facilities. 2 AGENDA ITEM N0. I PAGE--? OF (.0) SECTION. 5: That Section 16.74.048 is hereby added to Chapter 16.74 of the Lake Elsinore Municipal Code as follows: 16.74.0468 Animal Shelter. Facilities Fee. - To mitigate the additional burdens created by new development for Animal Facilities, a Development Impact Fee identified as the Animal Shelter Facilities Fee will be imposed on all new development in the City to finance the costs of Animal Facilities. SECTION 6: SEVERABILITY If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7: NOTICE OF ADOPTION The City Clerk shall certify as to adoption of the Ordinance and cause this r1 Ordinance to be published and posted in the manner required by law. SECTION 8: EFFECTIVE DATE This Ordinance shall take effect thirty (30),days after the date,of its passage. The City Clerk shall certify as to adoption of the Ordinance and "cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 9 day of August, 2005, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE n ABSTAIN: COUNCILMEMBERS: NONE 3 AGENDA ITEM NO. PAGE 2 0 PASSED, APPROVED AND ADOPTED this 23 day of August, 2005, by the following roll call vote: `✓ AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS :. ABSTAIN: COUNCILMEMBERS: Mayor ATTEST: Deputy City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney 4 AGENDA ITEM N0. 31 PAGE 0� �•-� 'ORDINANCE NO., ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX n WHEREAS, on August 9, 2005, the City Council (the "Council ") of the City of Lake. Elsinore (the "City") adopted Resolution No. 2005 -54 stating its intention to . form the City of Lake Elsinore 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 "Ad'), 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 prior to the formation of. the CFD, and to finance the purchase, construction,. expansion,or rehabilitation of certain real and other tangible, property. with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the City is authorized by law to construct,'own or operate (the "Facilities" ); and WHEREAS, on August 9, 2005, the Council also adopted Resolution No. 2005 -55 stating its intention and the necessity to incur bonded indebtedness. in the amount not to exceed $8;500,000 to be-issued .for the purpose _of financing the- purchase" construction, expansion or rehabilitation the Facilities; and WHEREAS, notice was published as required by law relative to` the intention of the Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $8,500,000 within the boundaries of the CFD; and WHEREAS, on August 9, ,2005, this Council held a noticed public hearing as required by law_ relative,to. the determination, to proceed with the formation of the CFD, the rate and method of apportionment and manner .of collection of the Special tax to b'e levied within the CFD to pay for the Services and the rate and method of apportionment and manner of collection of the special tax to be levied within the .CFD to,,pay the principal and interest on the proposed bonded indebtedness of the CFD, and relative to the necessity for authorizing. -the bonds, the purpose forwhich the bonds are to be: issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of,interest to be, paid; and 45638135.2 AGENDA ITEM( No. 3� PAGE1_o WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring of bonded indebtedness by the CFD were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2005 - koy determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No., 1. 2005- 10 S which called an, election within the CFD for August 9, 2005 on the proposition of incurring bonded indebtedness, levying a special tax and setting an, appropriations limit; and WHEREAS,, on Augusi 9, 2005, an election was held within the CFD in which the eligible electors'appr`oved by more than two- thirds vote the proposition' of incurring bonded indebtedness, levying a special tax, and setting ' an appropriations limit;` NOW, THEREFORE, THE CITY COUNCIL -OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: "! Section 1. ,, A special' tax (the "Services Special Tax" ), is levied within the Q.✓ boundaries of the CFD pursuant'to the formula set forth- in Exhibit "A "• attached" hereto and incorporated by reference in an amount necessary to pay all of the costs; of providing the Services, periodic costs, and costs of the tax levy and collection, and all other costs. ' Section 2. A special tax (the ``Special Tax ") is levied within the boundaries of the CFD,pursuant to the formulas set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to pay' all of the' costs of providing the Facilities ;'periodic costs, and costs of the tax levy and collection, and all other costs including amounts payable with respect to the bonded'indebtedness. CI Section 3. This' legislative body is ,hereby further authorized each year, by resolution adopted as provided- in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the then current or future tax years, except that the special tax rate to be levied shall.'not exceed the -maximum' rate set-forth in Exhibit "A ": Section 4. All of the collections of the Services Special Tax and Special Tax shall be used as provided for in the Act and Resolution No. 2005- /by (Resolution of Formation). 45638135.2 AGENDA ITEM NO.- �`3 LD=_ PAGE 2- OF C 0 . Section 5. The above authorized Services Special Tax and the Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the "same penalties and -the same procedure and sale in cases of delinquency and provided for ad valorem taxes; provided, however, the CFD- may collect the Services Special Tax and. the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. Section 6. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The - City Clerk'is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the council Members_ voting for and against the ordinance, Section 7. This ordinance relating to the levy of the Services Special Tax and the Special Tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer - Tax Collector of Riverside County. n 45638135.2 AGENDA ITEM NO. PAGE a OF__C,')_ PASSED, . APPROVED AND ADOPTED this day of 2005.. CITY OF LAKE ELSINORE By: Title: Mayor . ATTRQT•' Barbara Leibold, City Attorney 45638135.2 AGENDA ITEM N0. PAGE_ L�_OF CO __ STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting thereof held on the day of 2005, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: By: 45638135.2 City Clerk of the City of Lake Elsinore AGENDA ITEM N0. PAGE_,OF ( 10_ Q.✓ 45638135.2 AGENDA ITEM NO PAGE (D OP„-La. i TO: FROM: DATE: SUBJECT: BACKGROUND CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER AUGUST 23, 2005 AMENDMENT TO CHAPTER 5.78 REGARDING SIGNIFICANT PALM TREES On April 8, 1999 the City Council adopted Ordinance No. 1044, an emergency ordinance adding Chapter 5.78 to Title 5 of the Lake Elsinore Municipal Code, establishing a program to protect and preserve the City's significant palm trees. The Washingtonia Robusta (Mexican Fan Palm) is an extremely common and rapid voluntary grower found just about anywhere. As a result of its "weed" like growth patterns, commonality and extremely high maintenance requirements, City staff has worked with the City Attorney's office to prepare an amendment to the definitions portion of Chapter 5.78 of the Lake Elsinore Municipal Code. The proposed amendment eliminates the Mexican Fan Palm as a significant palm and replaces it with the Queen Palm (Syagrus Romanzoffiana). The Queen Palm is a very elegant, hardy palm that will obtain a maximum growth height of 50 feet. This palm is easy to maintain and is becoming more common in all landscape plans. The amendment also includes the addition of the Archontophoenix Alexandrae Palm (King Palm) to the significant palm definitions. The King Palm is also an easy maintenance, hardy, majestic palm that will obtain heights of 40 feet when fully grown. Staff did meet with the Palm Tree Advisory Committee to review and discuss with them the proposed amendment to the Palm Tree Ordinance (minutes attached). `.✓ AGENDA ITEM NO. 33 PAC-2_A_—OF-2a_ n REPORT TO CITY COUNCIL AUGUST 23, 2005 PAGE 2 :.. Upon completion of the meeting, the Committee did support the.proposed amendment as indicated in the minutes. The Pahn Tree Advisory_ Committee also presented a formal motion that in conjunction. withAhe;palm tree preservationjecommend,to the General'Plan Committee they investigate the creation of a view and landscape ordinance as part of the General Plan. t� FISCAL IMPACT' None RECOMMENDATION It is staff's recommendation that the Mayor and City Council adopt Ordinance 2005- amending the definitions portion of Chapter 5.78 of the Lake Elsinore Municipal Code regarding significant palm trees. PREPARED BY: ,AKVIIJ'W. SAPP, DIREC APPROVED FOP AGENDA BY:, COMMUNITY SERVICES AGENDA ITEM NO. �33 PACZ_-(2,_OF_013_ ORDINANCE NO. 2005- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE DEFINITIONS PORTION OF CHAPTER 5.78 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SIGNIFICANT PALM TREES ' WHEREAS, .Chapter 5.78 of the Lake Elsinore Municipal Code establishes a mechanism to regulate the removal, destruction and relocation of certain species of palm trees within City limits; and WHEREAS, it is the purpose and intent of the City Council of the City of Lake Elsinore to amend and restate a portion of Section 5.78.020 to better protect palm tree species of significance within the City limits. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: AMENDMENTS TO SECTION 5.78.020 That Subheading "3" of the definition of "Significant Palm(s)" contained in Section - 5.78.020 of Chapter 5.78 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: ' "3. Syagrus romanzoffiana (Queen Palm)" and 1 That Subheading "9" is hereby added to the definition of "Significant Palm(s)" contained in Section 5.78.020 of Chapter 5.78 of the Lake Elsinore Municipal Code as follows: 119, Archontophoenix alexandrae (King Palm) ";, SECTION 2: SEVERABIIITY If any provision,_ clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3: NOTICE OF ADOPTION The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 4: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. `..4/ AGENDA ITEM N0. _ :a PAG'c'_OF� PASSED, UPON FIRST .READING this day of . 2005, by the l following roll call vote: - - AYES: COUNCILMEMBERS: NOES: COUNCII_MEIVIBERS: ABSENT: COUNCII.MEMBERS: ABSTAIN: " COUNCILMEMBERS:' PASSED, APPROVED AND'ADOPTED this day'of 2005, by the following roll call vote: AYES: COUNCILMEMBERS:. NOES: ' COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: - COUNCILMEMBERS: - j I Robert E. Magee, Mayor ATTEST: City Clerk 2 .AGENDA ITEM NO.� PAOE_�OF�_ ORDINANCE NO. 1044 AN URGENCY ORDINANCE OF THE CITY OF LAKE'ELSINORE, CALIFORNIA, ADDING CHAPTER 5.78 TO TITLE 5 OF THE LAKE ELSINORE MUNICIPAL CODE, ESTABLISHING A PROGRAM TO PROTECT AND PRESERVE THE CITY'S SIGNIFICANT PALM,TREES WHEREAS, certain significant palm tries growing within the City, of Lake Elsinore ("City') are natural aesthetic resources which help define the history and character of the City; and WHEREAS, these "Significant Palms" (as hereinafter defined) are worthy of protection in order to preserve the natural environment and to protect the City's plant life heritage for the benefit • : . of all citizens; and WHEREAS, Significant Palms are unique because of their age, size and beauty and their relative abundance adds distinction and character to certain neighborhoods within the City and . general benefit to the entire community; and ` WHEREAS, it is pertinent to the public peace, harmony and welfare thatSignificant Palins be protected from indiscriminate and unauthorized damage, removal or destruction in order to provide for ecological purposes, as well as for the preservation of the natural beauty that Significant Palms contribute to the City; and WHEREAS, private contractors have recently purchased and removed a number. of Significant Palms within the City limits for relocation outside the City limits, posing an immediate and ongoing threat to the public peace, health and safety; and requires the passage of this Urgency', Ordinance; and WHEREAS, in order to prevent further, loss of Significant Palms, the City finds it necessary to place reasonable restrictions on acts of their removal, destruction and relocation. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, �- ORDAINS AS FOLLOWS: SECTION 1: That new Chapter 5.78 be, and the same is hereby, added to Title 5 of the Lake Elsinore Municipal Code to read as follows: .. - _ ...: .. Chapter 5.78 5.78.010 PURPOSE. The purpose of this Chapter 5.78 is to provide a mechanism to regulate the removal, destruction and relocation of Significant Pahns within the City limits. In adopting this Chapter 5.78, the City's primary concern is that removal, destruction and relocation of Significant Palms is likely to have an adverse affect upon the surrounding environment. Past removal and destruction. of Significant Palms within City limits has not only interfered with the natural scenic beauty of the City, but also greatly diminishes the ecological and historic value of these living monuments, while also posing a risk to public safely through the use of heavy machinery and unnoticed earth moving activity. The City Council finds and determines that the. public health, safety, and welfare will be promoted by the preservation of Significant Palms for the following reasons: .010 Significant Palms are an important source of food for larger native and non - native bird species; - - .020 Significant Palms provide nesting areas and/or nesting materials for birds which, in turn, consume significant amounts of insect pests; Pa1mTrtc0rd2?014.000 1 "low" ,AGENDA ITEM No' PACE OF .030 Significant Palms are effective in aesthetically enhancing the community; - - .040 In several locations, many of the City's oldest Significant Palms constitute significant " living reminders of the City's rich historical heritage; .050 Significant Palms collect dust and solids from the air which are washed to the ground by rainfall,' and .060 The age of Significant Pahns'enjble them to better survive extremes of weather and periods of drought than most plia is of a similar size. For the foregoing reasons and in accordance with the mandate of the State set forth in Section 65560 of the Government Code requiring open space planning; the City, in order to preserve and protect the best interest of its citizens, does enact this Chapter 5.78. 5.78.020 DEFINITIONS. r, N 1 1 The following words shall have the meaning ascribed to them, unless otherwise noted "Drip Line" means a line which may be drawn on the ground around a Significant Palm directly under the outermost frond tips and which identifies that location where rainwater tends to drip front the Significant Palm. "Remove" and "removal" means any direct or indirect action that substantially impairs the health and/or aesthetic qualities of a Significant Pahn, including (without limitation) the physical removal of a Significant Palm, or causing the death of a Significant Palm as a result of damaging the trunk, topping/removing the crown, or poisoning.: ; , "Significant Palm(s)" means the species of the Family Palmaceae, set forth hereinbelow- which, unless specifically provided otherwise, exceed five (5) feet in height measured from the ground at the base of the truck to the base of the crown: . 1. Phoenix Canariensis (Canary Island DatePalm); 2. Washingtonia Filifara (California Fan Palm); 3. Washingtonia Robusta (Mexican Fan Palm) in excess of twenty-five (25) feet in height measured from the gr8untFat the base of the trucnk to the base of the crown; 4. Trachycarpus (Windmill Palm); 5. Chamaerops (Mediterranean Fan Palm); - 6. Phoenix Rechnata (Senegal Date Palm); 7. Butia Capirara (Pindo Palm); _ 8. Phoenix Ro ebelenii (Pygmy Palm)..,.. 5.78.030 PERMIT REQUIRED.- No Significant Palm growing within the City limits may be removed or relocated unless and until a permit has first been obtained from the office of the Director of Community Services: 5.78.040 PERMIT APPLICATION. An application for permit, required by this Chapter 5.78 to remove or relocate any Significant Palm within the City shall be filed with the Director of Community. Services, together with an application fee. The application fee shall cover the costs of processing and administering the application and shall be established by resolution of the City Council. The application shall be submitted with a report which shall include: PalmTmc0rd2A010.000 2 0q�0gryq , AGENDA ITEM NO._ PAGE to OF r� �j .010 the acknowledged written permission from the record landowner notarized and on - such form as prescribedby the City and verified by the Director of Community Services; .020 [intentionally left blank]; .030 the location of all Significant Palms and each Significant Palm proposed to be removed or relocated on a plan or map survey with acertified engineer'sisurveyor's report identifying (i) the propeitAby street address and assessor's parcel number, (ii) the centerline of the street, (iii) the monuments establishing the property line, and (iv) the distance between each Significant Palm and the property line; .040 the identification of each Significant Pahn by species and approximate, height and spread; 050 photographs of the Significant Palm to be removed or relocated; .060 the proposed manner of removal, the proposed equipment to be'utilized for removal and the planned truck/equipment route; .070 the species, number, and size of any proposed replacement palm trees shall be designated; .080 the health of any Significant Palm declared diseased or dying shall be verified by .a written report of a certified Arborist and .090 if a Significant Palm is proposed to be relocated to another location on the same property or within the City, then the relocation site shall be identified and site preparation and relocation methods described. - - 5.78.050 PERMIT PROCEDURES; CONDITIONS. The Director of Community Services shall approve; conditionally approve or deny the application to remove or relocate any Significant Palm. The Director of Community Services shall require, for any permitted activity, that Applicant: - .010 operate only during City Halkhatys; .020 appropriate protection of all underground utilities prior to any activity; .030 backfill and compact all holes to grade level in accordance with City standards and remove all cut fronds; .040 arrange proper traffic control measures and approvals for operation in City`itreets or right of ways; .050 make the issued City permit available for review on -site during activity operations;,. .060 post a sign as prescribed by the City on each sigraiScam Pahn to be removed or - relocated not less than seven (7) days prior to such removal/relocation. .070 that removed Significant Palms are relocated within the City and(or ate replaced with tree(s) of like species, and quantity' and 'of' commensurate - aesthetic value as determined by the Director ofCoamnunity Services. a The Director of Community Services may impose conditions deemed necessary to preserve and protect the health of Significant Palms relocated to another site on the same property or within the City by requiring the Applicant to provide documentation demonstrating: PalmTreenrQr.A010.000 3 - 04MV q ,AGENDA ITEM NO. PACI:L-7_OF _. A .070 that the environmental conditions of the new location are favorable to the survival of the Significant palm and there is a reasonable probability that the Significant Palm will survive its relocation; 1 .080 that such relocation is accomplished.by qualified personnel under the supervision of. the Director of Community Services, or his/her designee; and Further, the Director of Community Services may impose measures to preserve and protect the health of new palm trees planted to replace those removed or relocated. Such measures may include but not be limited to: .090 erection of temporary�or permanent protective devices around the new palm tree(s) so that :no substantial impairment or removal of the structure or feeder roots occurs; . and - - . .110 that no fill material be placed within three feet from the outer trunk circumference of any new palm trees) or within the Drip Line of any palm tree in excess of eighteen inches in depth. 5.78.060 PERMIT ISSUANCE OR DENIAL The following criteria shall be considered where applicable in evaluating applications for issuance of permits required by this Chapter 5.78: .010 necessity to remove the Significant Palm because its continued existence at such location prevents the reasonable development of the subject property; .020 the Significant Palm shows a substantial decline from a condition of normal health and vigor, and restoration, is not advisable, through appropriate and economically �\ reasonable preservation procedures and practices; _ t .030 due to an existing and irreversible adverse condition of the Significant Palm, the Significant Palm is in danger of falling .040 the presence of the Significant. Palm interferes with, or is damaging to, the site line of the motoring public, utility services and roadways, walkways, foundations; drainage or other existing structure vithin or without the subject property and the only reasonable ,alternative is the relocation and/or replacement of the Significant Palm. .050 the topography of the land and the effect of the Significant Palm removal on erosion, soil retention, and the diversion or increased flow of surface waters; ' .060 the number and/or location of Significant Palms existing on the property and the effect of Significant Palm removal upon aesthetic and property values and enjoyment of the general public; and - - .070 good forestry practices, i.e., the number of healthy Significant Palms that a given parcel of land will support. 5.78.070 EXEMPTIONS. A permit is not required to remove Or relocate a Significant Palm under the following circumstances: .010 [intentionally left blank] ^ .020 Significant.Pahns damaged by thunderstorms, windstorms; floods, eart hquakes, fires ' or other natural disasters and determined to be dangerous by a peace officer, fireman, . 1 or code enforcement officer in their official capacity; PvmT,.e d2,4014,W 4 AGENDA ITEM NQ._ f -- PAFX T nc `12 .030 when removal is determined necessary by fire department personnel actively engaged in fighting a fire; and 040 Significant Palms planted, grown and/or held for sale as part of a licensed nursery business. . 5.78.080 APPEAL. Any applicant aggrieved by any decisionimade by the Director of Community Services on an application filed pursuant to the provisions of this Chapter 5.781-may appeal such decision to the City Manager. Such appeal must be submitted to the Office of the City Manager in writing within ten (10) days of the decision.("Nolice of Appeal"). The Notice of Appeal shall.state'briefly the grounds of the appeal and be signed by the applicant. Within ten (10) dais the hearing; the City Manager shall give written notice of the decision to the appellant; The decision of the City Manager shall be final. 1 . 5.78.090 LICENSES; PERMITS; SECURITY. All contractors, or anyone removing or reloeating_a_Significant Palm.shall.have a valid business license from the City and a valid California landscape contractor's license; and shall obtain' all applicable permits from the City and/or any public entity exercising jurisdiction over the activity - and/or the property, including (without limitation) an oversized load permit or encroac2mtent permit. in addition, the Director of Community Services may require insurance and/or adequate security be provided as deemed necessary and appropriate for the protection of the public. „ SECTION 2: SEVERABILITY The City Council hereby declares that should any section, paragraph, sentence or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City ' Council that it would have passed all other portions of this Ordinance independent of the elimination ' herefrom of any such portion as may be declared invalid. SECTION 3: SAVINGS CLAUSE , Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be constpaed�s a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4: ENVIRONMENTAL FINDINGS That in accordance with the requirements of the California Environmental Quality Act ' (California Public Resources Code Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq.), and procedures adopted by the Agency relating to environmental evaluation of public and private projects, the City Council has . . independently considered the preservation program established by the adoption of this Ordinance and finds and determines that: Q.o) Q..4/ I Pursuant to Section 15308 of the CEQA Guidelines, this Chapter 5.78 represents actions taken by the City, acting as a regulatory agency, to assure the maintenance, enhancement, and protection of the environment by the adoption this Ordinance setting forth procedures for protection of the environment. Therefore, this Ordinance is exempt from the provisions of CEQA pursuant to a "Class 8" categorical exemption. 2. Pursuant to Section 15301 of the CEQA Guidelines, this Chapter 5.78 sets in _ place permitting procedures on existing landscaping, involving negligible or no expansion of use beyond that previously existing at the time of the adoption of this Ordinance. Therefore, this Ordinance is exempt from the provisions of CEQA pursuant to a "Class 1" categorical exemption. MmTrccOM2 4014.000 5 04/09/99 AGENDA ITEM NO. PAC£ OF 4 f � SECTION 5: URGENCY. For the immediate preservation of the public peace, health and safety this Ordinance sball take effect immediately upon passage by a four -fifths vote of the City Council. - INTRODUCED, PASSED AND ADOPTED this 8th day of April 1999, upon the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, METZE, SCHIFFNER, KELLEY - - NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMDERS: l e e11e7, may ATTEST: ! Vicki Lynn ICasad;:City Clerk _ r Al OVED AS T bars ZetLeiQd, City Attorney l ' PdmT..OW2.0074 .000 . 6 oarosyy AGENDA ITEM NO, PACE 10 OF AA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) { I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Urgency Ordinance was introduced and read by title only and.approved on the Sth day of April, 1999, by the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, METZE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE S VKI KASADCI CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS: CITY OF LAKE ELSINORE) 1, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1044 of said Council, and that the same has not been amended or repealed. DArTED: March 28, 2000 VIA %vfC'KI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) AGENDA ITEM NO.� PACE-AJ_GF_ g City of Lake Elsinore Palm Tree Advisory. Committee .. Minutes of August_ 11, 2005 Meeting 4.30 p.m. Committee Members Present: Mr_ LaPere; Chair; Mr. Fleming and Mr. Gonzales Committee Members Absent: Mr. Rivera; Mr. Dominguez City Staff: David Sapp, Director of Community Services 1. Welcome and Introductions The meeting was brought to order at approximately 4:30 p.m. Chairman LaPere welcomed staff and the committee members in attendance. A II. Palm Tree Ordinance Amendment Mr. LaPere provided history of the Mexican Fan Palms dating back 3'/2 years ago and the concerns of those palms specifically located on Lakeshore across from Stater Brothers. 1 Due to their size (height 70 – 80 feet) and the small root ball of the tree, coupled with the stress of relocation, it was a foregone conclusion that someday in the foreseeable near future these trees would have to go. Developer will be saving two (2) of the palms and replacing the other ten (10). The proposed amendment to the ordinance would eliminate the Mexican Fan from the "significant" palm list and add two (2) new species of palms; the "King" and the "Queen" palms. Mr. Fleming provided handouts relating to the two (2) new species proposed and supported the recommendation. Motion made by Mr. Fleming to remove the Mexican Fan Palm from the list of "significant" palms. Seconded by Mr. Gonzales and carried 3 -0. Motion made by Mr. Gonzales to add "King" and "Queen" palms to the list of "significant" palms. Seconded by Mr. Fleming and carried 3 -0. III. New Business Mr. Fleming discussed with the Palm Tree Advisory Committee that they support the development of a "view ordinance" and a `landscape ordinance" for recommendation as part of the General Plan. AGENDA ITEM NO. —, PAM F�_ Mr. Fleming made a formal motion that in conjunction with the Palm Tree preservation, recommend to the General Plan Committee they investigate the creation of a view and landscape ordinance as part of the General Plan. Seconded by Mr. Gonzales and carried 3 -0. Rule 20 was discussed with the committee requesting staff to obtain a cost to raise the transmission lines on Lakeshore Drive between Chaney and Four Comers -and find out what the balance of the funding of the Rule 20 is from Edison. IV. Adjournment The meeting was adjourned by the Chairman at 5:12 p.m. AGENDA ITEM NO._ PAOE_JL_U_Qk ( grus romanzoffiana aancc llueen palm - d Home a Contents 0 Palms s Cycads A Directions W To be added to our mailing list click here. Receive quarterly species lists and announcements of Jungle Music's famous Open House Sales! Send mail to phil.bergman @junglemusic.net with inquiries about Jungle Music nursery stock.or mail order. ,AGENDA ITEM NO. -) PACE_L� —OF_a�3-- �J Locality: South America' Cold Hardiness: 200 E, perhaps down to 1:8 °; F. . Trunk type:, Smooth, medium thickness. Leaf type: Pinnate; plumose (fluffy)' Suckering/Solitary: Solitaire maintenance*' Easy Speed of growth: Quick Height: Maximum of about SO, feet plus. Soil requirements: Average Sun Requirements:' . Sun General Description: ` A large fluffy pirmato palm that is easy to grow and very popular.' ;It is commonly used in urban development and readily available. Other Notes: Needs pruning and old leaves hang below the "crown Home a Contents 0 Palms s Cycads A Directions W To be added to our mailing list click here. Receive quarterly species lists and announcements of Jungle Music's famous Open House Sales! Send mail to phil.bergman @junglemusic.net with inquiries about Jungle Music nursery stock.or mail order. ,AGENDA ITEM NO. -) PACE_L� —OF_a�3-- Archontophoenix alexandrae Alexandra palm, Alexander palm, King Palm, King Alexander palm �l ''CLICK HERE - k Locality:, ,. Australia Cold Hardiness: This ,palm will take into the low 30 °s, F:: and possibly down -to 28 °,.F Trunk type:, It has a medium sized, gray trunk (1 -1.5 feet in diameter). Crownshaft is a bright green color [a woody shaft at the top of the trunk composed ,of tightly wrapped leaf - bases]'. Leaf type: Pinnate (feather shaped) leaf. The leaves also have a glaucous or silver color on the underside of the leaves. Suckering /solitary: Solitary palm (single trunk). Maintenance: Little ;.does notie quire ,mu ch maintenance: Speed of.growth Fast grower. Height: Can getup to 40' feet: `.✓ Soil requirements: Average moisture, palm likes a quick draining and sandy top soil. Sun Requirements:Partial or full sun. General' This is a very nice, fast growing palm. It is Description: great for forming a foliage canopy. Other Notes: Desirable for a . "tropical" domestic garden. Fuither:Data: Click here to view the current price list. Home Y Contents O Palms 6 Cycads 9 Directions T� 1 To be added to our mailing list click here. Receive quarterly_ species lists and announcements of Jungle Music's famous Open House AGENDA ITEM NO. �')_ PACE 15 OF� I (0—�jbingtonia robusta ..tican fan palm, Washington Palm _ }CLICK MEf29 _ . Maintenance: common inmost areas. AA inexpensive commercial palm;' Does need maintainer Home C Contents G Palms 6 Cycads ® Directions To be added to our mailing list click here Receive quarterly species lists and announcements of Jungle Music's famous Open House Sales! Send mail to phil.bergman @junglemusic.net with inquiries about Jungle Music nursery stock or mail order. ©1997 -. Jungle Music Palms and Cycads A10ENDA ITEM NO. PAOE_OF� - raw,- rrcccaro atra'common-raim-i ree-Names ' Page I of 7 1 Botanical and Common Palm Tree Names Phone: (619) 291 460E Circle on palm tree names below to find out more info on how to Fax: (619) 574 -1595 grow palm trees! m^ E -mail: hp ll.beroman a Home>>Contents >>Palm Trees >>Palm Tree Help >>Palm Tree Care & Names This page has information on palm tree care and how to grow palm trees on about 200 species of palms that are most commonly cultivated in gardens. Listed are the scientific and palm common names (if one exists), cultural. requirements for each E; :N.41C species, photographs, hints as to successful growing, and other interesting data. Palms ` C As time goes on, new species will be added to this section of Jungle Music Palm & Cycads. take -a few minutes to load Photo 1 Approximate scientific name): i Cold Tolerance Botanical i Photo j 28° Photo 32° Photo I 20° Photo i 380 Photo 30° Photo n/a Photo n/a No Photo n/a I Photo 25 °+ i Photo 30 ° -32° Photo I j 30° i Photo 24 ° -26° Photo i 28° Photo Na - - - No Photo 1 i n/a No Photo 35 °+ Photo I i 350+ Photo 20° No Photo n/a No Photo n/a Special Sun Type in the botanical or common name of a palm to get palm t Light Needs information and data on how to grow palm trees. Common pi names will be listed across from the scientific palm name Search for palm trees (wmmon or Alexandra palm, Alexan scientific name): King Palm, King Alexan Botanical Common Name Acanthophoenix crinita Mount Lewis King Palm Palmiste rouge, Barbel p Acanthophoenix ru—bra _ palm Acoelorrhaphe wri htii Silver Saw palm, Paurot: Highland Betel Nut Paln Everglades palm Acrocomia aculeata Spiny royal, Macaw palt Partial sun - Actinokentia divaricata Miniature flame thrower Actinorh tv is calanparh Calappa palm, Pinang P< Aiphanes acanthophvlla Arenga microcorpa AJohane-s aculeata AlA laxoptera arenaria Filtered Light ' Alloschmidtia elabrata Filtered Light Filtered Light Covure palm, ruffle paln ruro Beach palm, Sand Palm http:// www. junglemusic.net/palms/index.htm 8/10/ 5 AGENDA ITEM NO. PAOL=_L2__0F_rja_. Alexandra palm, Alexan Archontophoenix alexandrae King Palm, King Alexan Archontophoenix cunninghamiana Bangalow Palm, Piecabe Mount Lewis King Palm Archontophoenix purpurea Crown Shaft King Areca catechu Betel Nut Palm Areca macrocalyx Highland Betel Nut Paln Areca triandra Triandra palm 'Areca Pinang merah, Orange ci vestiaria palm Arenga engleri Formosa Palm Arenga microcorpa Arensagu Arenga obtus olia Lang Kap http:// www. junglemusic.net/palms/index.htm 8/10/ 5 AGENDA ITEM NO. PAOL=_L2__0F_rja_. Patm Tree Care and Common Palm Tree Names Page 2 of ./ http:// www .iunglemusic.net/pahns/index.htrn 8/10/2005 AGENDA ITEM NO.„ PAOE 19' OF 0 Sugar palm; Gomuti Pali Photo j 280+ i Areir a _initata " palm - No Photo n/a Aren a tti htir Wight's sago Photo 30 ° ; I Filtered Light AstrocaUm- mexicanum -, Chocho.palm Photo n/a i Bactri"asipaes .. .Peach palm, Pejibaye Photo 320 1 Filtered Basselimagracilis �aL.ightori Photo 28 -30° i Beccarrophoenix madagascariensis -, - - -- Manarano palm, Marual: — - -- =- Photo 260-280 j - -- - - - Bismarckia nobihs Bismarck Palm Photo 34° Filtered Light Borassodendron machadonis Photo 180-22° Brahea aculeata Sinaloa hesper palm Photo 150 j Brahea armata Blue hesper palm - Photo 24 -25 Brahea decumbens Sierra Madre Palm Photo i 25° Brahea dulcis Rock palm, Sombrero p, Photo 18 -20° Brahea edulis Guadalupe..palm Photo { 20 ° -25° Breahea_elegans Franceshi palm Photo 18 ° -20° Brahea mtida Photo 28 ° -300 j Filtered Light Burretiokentia viellardrr Tiger palm Photo .• i 12 ° -15° Buda caprtata Jelly palm, Pindo palm, Photo j 200, j . ': Butia x Syg s Mule palm Photo 18° -200 i Filtered Light CalamuS carvotordes ;' FishtaiIL awyer Cane Photo n/a Carpentaria acuminata Carpentaria palm Photo; _ 25 0-270 Car oy to gigas - Thai mountain giant Photo - i: 32° > . Caryota maxima Giant mountain fishtail I ,Photo 1 28° Car mitis Fishtail palm, photo 32° _ - --- -- Caryota no - - - Giant fishtail palm -- No Photo n/a - Caryota obtusa _. -- - Indian fishtail palm Photo 300-350 Filtered Light Carota ophio ellis Snake skin palm ' . Jaggery palm, Toddy pal Photo 22° j Caryota urens palm, Toddy fishtail palt fishtail palm '' ° Andean wax palm, Soutl No Photo 27 -28 Ceroxvlon alnum mountain palm No Photo 300 Filtered Light or Shade I Chamaedorea adscendens photo 32° Filte Filtered Light or Shade _ -- Chamaedorea cataractarum Cat palm Photo i .250 ` Filtered Light I Chamaedorea costarica'na _ -, _ Costa Rica bamboo paln i „ � Good Luck Palm, Love 1 Photo 260 shade Chamaedorea degans Neanthe Bella Palm Par Photo I 280-300: Filtered Light or! Shade I Chamaedorea ernestl augushi Ernest's August palm http:// www .iunglemusic.net/pahns/index.htrn 8/10/2005 AGENDA ITEM NO.„ PAOE 19' OF 0 ralm , tree Uare and Common Palm Tree Names Page 3 of 7 Photo. . 25-280 . I Filtered Light ` Chamaedorea ay}rans Photo 28° .� Filtered L g ht Cham aedeorea luci�ola - - . -_ Frosty Palm Palm No Photo 26° Filtered Light Chamaedorea hoo�eriana - Hooper's Palm NoPhoto ! 30 ° ! Filtered Light ' � : .. .. Chamaedorea linearis No Photo ' 250 I - 'Shade _ Chamaedorea metalhca •. Metallic palm Photo 26° Filtered light or ! Shade ___ -- Chamaedorea mzcrosnadix _�_ ___— Hardy bamboo palm Photo 30° j Filtered Light I Chamaedorea�innati ons -- - No Photo j. - 25 °+ -I •. Chamaedorea -p umosa . Photo 200-220 Filtered Light Chamaedorea rad calzs No Photo '280-300 " Filtered Light Chamaedorea schiedeana Dhow 26° -28° `jFnerShLight orj ' - Shade Chamaedoreasez zzii Bamboo palm Photo 2 I Frttered Light or Chamaedorea stolonzfera Shade Photo 30 °8' 320 ! Chamaedorea sulllvanzorum The Sullivan palm Photo '28° ' ' Filtered Light Chamaedorea, _ e zlote ten z Tepejllote palm Photo ;' n/a Chamaedorea tuerckhezmiz Potato chip palm Ruffle Phoa 5 ° -15 Chamaerops humzhs European fan palm, Med fan aim photo c, 5 ° -10° Chamaerops humllis var. cerifera Blue Mediterranean fan Photo 280 �. •• Chambeyroma hookerz Blond flame thrower Photo I 28 ° -300 onza macro a Chambe y _ 'Blushing P a im Red leaf Pnow n /a., Filtered Light 1 Chuniohoenzx humzlis• Chinese star palm Photo, I _n /a -- Cbnostigma savo num- , _— -_ -- Pacific beauty palm ' Photo !1!' 280-300 ;t. ''' Coccothri »ax alta Puerto Rican thatch pain palm, Silver thatch palm Photo I 28 0-300 i ; Coccothrinax crinzta Old man palm, mat palm Photo ; �.. 25 ° -26° i Coccothrznax - -guama _ Miraguama palm Photo 406 co___ Cos nucz era Coconut palm Photo 26 °-28 Copernicra baileyana Cuban paddle palm Bail cermcia, Yarey palm Photo n/a Copermcza cowellrz Cabbage palm snow ( n/a ! Co ernicza i a_s Giant wax palm No Photo I 26° i Filtered Light i � Cr oso hzla warscewzczn (--p Cry Rootspme Palm Star Pa: (also known sophda albidal - Photo I 200 fug sun or ! Filtered Light __ _. C cas revoluta -}' - Sao palm g p Photo 28° Filtered Light ' Cyphophoenix ele ans Elegant Palm rnoo I n/a I Filtered Light Cyphhoemx m<cele Photo 50 °+ Cyrtostac Lipstick palm, Sealing m - — Pmang raja, Photo 280-300 http://www.junglernusic.net/palms/index,htm : 8/10/2 ACENDA ITEM NO.� PAGE I Q OF Palm Tree Care and Common Palm free Names T `Page 4`of 7 i � I g i http: / /www junglemusic.net/palins/index.htm 8/10/2005, AGENDA ITEM No._a3� .,..... %n n ^e -A 'A Dicos 1_erma album Princess palm. hurricane _ Photo 30° Dictyos erm fu�uraceu n Photo 1 280 Dypsis`ainbositrae Photo 28° Filtered Light j Dypsis baronti Photo n/a Fhered Light s. Dyp is cabadae Cabada palm Photo 28" ` Dyes's dec rX _- - - -- Triangle _Palm _ - - _. -, j No Photo n /a D decipiens Manamb e palm - I No Photo `! n /a: !,Frkered Light Or, I Shade sls orencei .. -: -�•p is Candy cane palm Candy l - - -- No Photo 280 - -' Partial Sun Dypsis klngah ` Photo ' , 32° .. I Fiftered Light or 1 Partial Sun i 7�.�„ S1S lanceolata " -- - Photo 28° Dymis leptocheiios Dypsis dariani Teddy bt Redneck palm, Photo 1 280 ( Dypsins lutescens Butterfly palm No Photo n/a ; Dypsis mana'aa� rends _ — No Photo !. 320 - - -- D_ ypsis pembana Photo 32° i Filtered Light r Dypsts sanctaemariae - 1 No Photo ;.32° .Filtered Lgnr D_y iq sp trorovana "wide Photo j 321 Filtered d Light or j Partial Sun Lb�is thouarsiana No Photo 280 ' j r SIS_21t111S Photo 35° 40° Elates Qneenis African oil palm i 25 ° -2 6° Filtered Light oPhoto Partial Sun - -- Euter a edulis t Photo - 25" Uaussia maw Maya palm ; Photo , i 280 ' " 1 Fitered Light Guihaia AYgyYala - Photo ! 28 ° -30° He yscepe canterburyana - Umbrella palm, Big mot No Photo i n/a j HeterosMtheglauca Photo 260-28 Howea orsterian- a Kentia palm, Thatch pall -- am j No Photo 300 - - - - - -- ophorbe rrldica ._p_.�. - - - - Photo 38° Hyophorbe Iageracaulls - -- - - Bottle palm - Photo i p o horbe verse h�eltn _ _.� Spindle par Photo i 28 0?300 Hypikaene tersLana No Photo n/d ; shade Johannestet smanma alt: ons Joey palm, Diamond Joe Photo n/a I Shade j Johannestei- smannia ma 1 tea - - Silver joey palm Phoa: 15° " i Jubaea chllensis - Chilean wine palm, eogc Photo 18'-20-' Jubaea x Butla No Photo Na Jubaeosls ca a Photo 300 Partial de Sun Or 1 I Kentio�osls olivi ormrs. Photo i 32" Filtered Witt i i � I g i http: / /www junglemusic.net/palins/index.htm 8/10/2005, AGENDA ITEM No._a3� .,..... %n n ^e -A 'A - ----raim- tree Care and- Common Palin Tree Page 5 of 7 Kerriodoxa eleeans White elephant palm Laccospadix australsica Photo 25* i Partial Sun Photo I 310 Licuala mapu Photo i 400 shade Photo 35*+ Shade Photo 26' 1 Filtered Light or Livistona chinensis Chinese fan palm ; - Shade Photo 26' Filtered Lightor Livistona muelleri Dwarf fan palm Shade Photo 28° Filtered Light Photo 200 Maro *eiva dariani . i . Photo 200 Sago palm Photo 18' ya normanbyt Normatib Photo I 220 No Photo 290 Para ubaeatqrall Photo t 250-260 Canary,lsland date palm - Photo 25'-26- i 1 Partial Sun of Senegal date palm Phoenix roebelenii I Shade Photo j 32--34- i Shade Photo n1a Photo 15' Pinan Xa elmerz Photo 280 Himalayan Pinanga Photo 28' -29' 1 Partial Sun or Buri Palm, Prestoeaacurninata j Shade Pritchardia beccariana Loulu palm Photo 250-260 No Photo 24*-260 Photo 150-180 i Photo 180 Photo Photo I 250 Photo 24.-25. 1 Photo i 220-250 No Photo i 160-18* 1 Photo 280-30* Filtered Light or Shade Photo i Na Filtered Light or Shade Photo nla Ri tered Light or I Shade Photo 30 °-32° 1 Filtered Light or Shade No Photo 28' -30° Firtemd Light Fi Lig or ltered ht I No Photo 300-32* Partial Sun Photo 1 28'-30* Partial Sun http://www.junglemusic.net/palms) Kerriodoxa eleeans White elephant palm Laccospadix australsica Atherton palm Latania lontaroides Red Latan palm Licuala cordata Licuala mapu Licuala rainsayi AustralianTan palm. . . ....... .. .... . Licuala rs,Mnow Spiny Licuala palm Linos a ' monostachrva Walking-Stick Palm Livistona austral - is Australian - 'fan -- palm -- Livistona chinensis Chinese fan palm Livistona decip kns --- --- --------- --- Ribbon fan palm, Weepi Livistona muelleri Dwarf fan palm Livistona robinsoniana Livistona saribus Taraw palm Lytocarvum weddellianum j-- --------- Maro *eiva dariani . i . Dafian palm Metroxylon sagut Sago palm Niannorrkopsritchiana Mazari palm ya normanbyt Normatib Queensland black palm Oraniopsis ap ,pendiculata Paraiubaea cocoides Quito coconut palm Para ubaeatqrall Bolivian Mountain Cocc Phoenix canariensis, --------- Canary,lsland date palm - Phoenix damlifera Date palm'i Phoenix reclinata Senegal date palm Phoenix roebelenii Pygmy date palm Phoenix rupicola Cliff date palm --- ----- Phoenix svIvestris -------- Silver date palm Phonejx theophrastii Pinanga-coronata Ivory cane palm, Corona Pinan Xa elmerz Sa gracHis Ahnan Himalayan Pinanga -- ---- ------- - --- Pi a kuhlu Ivory Cane Palm Polyanckrococos naudescens Buri Palm, Prestoeaacurninata ---------- Pritchardia beccariana Loulu palm P-1 IF% index.htin :. 8/10/2005 AGENDA ITEM NO--Za- pAm ) I OF Palm Tree Care and Common Palm Tree Names Photo f ' Photo Photo No Photo Photo No Photo Photo No Photo Photo Photo Photo Photo Photo Photo Photo Photo Photo Photo Photo Photo No Photo, Photo No Photo Photo Photo Photo Photo Photo No Photo Photo Photo Photo No Photo Photo 29 cr' 28° 26 ° -28° 28° 30° -32° 26 ° -28° 28°- 2fi ° -28° 27° 30° 22° 28° 28° 26° " 26° -28 30 ° -32° 28° _ 26° -28° 25° -28° ...18' 20° 15° -16° 25° -26° 32 10 ° -15° 30° ,32° 26° -28° Filtered Light Partial Son or coastal Son Filtered Light or Coastal Sun Filtered Light o Shade Filtered Light o Coastal Sun Filtered Light o Shade Filtered Light o Partial Sun Filtered Light o Coastal Sun n/a Hillebrand palm , 20 ° -18° Koolau range pritchardiE 26° i 260 Partial Sun or Ptychosperma eleginns Coastal Sun 26'-28- Filtered Light or Raverr_e'aglauc_'a Shade 28° Dwarf majesty palm Page-6 of 7 Pritchardia_hillebrandii Hillebrand palm , Pritchardiu mgrtii Koolau range pritchardiE hiwa Pseudohvenr'z sarQentii . Ptychosperma eleginns Solitaire palm Pq hosperma macarthurn Macarthur Palm Raverr_e'aglauc_'a Ravenea hddebrandtii Dwarf majesty palm Ravenea madiiascariensis Ravenea rlvularis Majesty palm Reinhardtiagraclhs Window palm Rhapidoph Ily um hvstrix Needle palm, porcupine hedgehog palm, blue ad Rha _is exeelsa Lady palm Rh is humilis Slender lady palm Rhapis mulh ida Finger palm.. Rh-!4pqIqstvIis bau&i Norfolk Island palm Rhopalostylis saplda Nikau palm, Shaving bn Roystonea oleracea South American, Venezi Palm Roystonea regia Cuban, Florida royal pal Sabal blackburniana Sabal causiarum Puerto Rican hat palm ..- __.._- ------- Sabal minor dwarf palmetto Sabatalatetto Cabbage palm, Cabbage Carolina palmetto Sabal "Riverside" Sabal uresana . - Savannah Palmetto Satakentia liukiuensis _._ ------- ___ -__ Serenoa repens Saw palmetto Syagrus amara Overtop palm aq-rus coronata Licury palm bs yseudococos Coco verde Svagrus romanzof Tana --- Queen palm Syugrus sancona _..___._.m-.__ __ -- Syagrus schizophvlla Aricury Palm ynecanthus fikrosus Jellybean palm Thrinaz radiata Florida Thatch Palm http://www.jxinglemusic.neVpaitns/index.htm 8/10/200 AGENDA ITEM NO.-n� Palm Tree Care and Common Patin 'Free Names 11 1 C I I I Page.7 of 7 http://www.junglemusic.net/palms/index.htin 8/10/2005 AGENDA ITEM NO.— PACE OF�`�_ Chinese fan palm, Chine !. Photo S° ` TrachxcarpAs• ortunei - ` windmill palm, Chusan 1 windmill palm Photo 200 Trachycarpus martianus . No Photo 200 Trachvcq a takil Takil palm Photo 100 Trachvcarpus wagneriana Photo 12 0-150 ' Trithrinax acanthocoma Spiny fiber palm No Photo n/a r Trithrinax brasiliensis Same as.•T. acanthocoma Photo 21° Trithrinax camnestris Caranday Palm Photo 29° i Veitchia arecina I Photo 32 ° Partial Sun or Veitchi i a joannis Coastal Sun Photo 350400 Veitchia merrillii Manila palm P hoto ;! j 3Q° i Partial Sun or ( Coastal Sun Wallichia distichIa - Photo 15° Washingtonia filifera . shin Califorma fan palm, pett Photo 18' _. Washingtonia robusta – _.._.__ ... Mexican fan palm, Was} Palm Photo 260 Woorlmetra bi urcata Foxtail Palm Photo 320 Zombia antillarum Zombie palm _ _ __..._._ 1436837 There There are other pages at this website that will provide more Palm Tree care and teach you how to grow palm tre Advice" directory. Common palm names are listed above. �••✓ Home ° Contents 4 Palms 6 Cycads O Directions To be added to our mailing list click here. Receive quarterly species lists and announceme Jungle Music's famous Open House Sales! Send mail to phil.bergman@junglemusic.net with inquiries about Jungle Music nursery stock or order. •. http://www.junglemusic.net/palms/index.htin 8/10/2005 AGENDA ITEM NO.— PACE OF�`�_ j. CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY �•�/ TO: MAYOR AND CITY COUNCIL REDEVELOPMENT AGENCY CHAIR AND BOARD FROM: ROBERT A. BRADY, CITY MANAGER DATE: AUGUST 23, 2005 SUBJECT: EASEMENT FOR STADIUM PARKING LOT PROPERTY (PARKING LOT C) BACKGROUND The Agency entered into a Disposition and Development Agreement with Laing -CP and Civic Partners on December 26, 2002 (the "DDA "). The DDA relates to development of three properties: (i) the "Agency Property" consisting of approximately 89 acres; (ii) the "Lehr Option Property" consisting of approximately 609 acres, and (iii) the "Stadium Parking Lot Property" consisting of approximately 14 acres and is currently used for overflow parking for events held at the Lake Elsinore �•✓ Diamond Stadium (commonly referred to as "Parking Lot Q. On August 24, 2004, Laing and City entered into a First Amended and Restated Development Agreement which also affects development of the above - referenced properties. Laing has acquired the Agency Property and the Lehr Option Property. Pursuant to Section 402 of the DDA, Laing now seeks to acquire the Stadium Parking Lot Property pursuant to its option. DISCUSSION As a condition to the acquisition of the Stadium Parking Lot Property, both Section 402.5 of the DDA and Section 12.15 of the Development Agreement require recordation of a parking easement over the Stadium Parking Lot Property assuring the continuous availability of 1,500 overflow parking spaces. This easement right remains in effect in perpetuity and can only be released if Laing submits and the Agency approves a "Stadium Parking Replacement Plan." This plan may ultimately include construction of a parking structure or structures on a portion of the Stadium Parking AGENDA ITEM td0. 3y PAGE__j_0F, JOINT REPORT TO CITY COUNCIL -AND REDEVELOPMENT AGENCY AUGUST 23, 2005 PAGE 2 Lot Property, or by development of substitute parking at a suitable off -site location, or a combination of both ( the "Required Replacement Parking "). Additionally, in order for Laing to develop the - properties in accordance with the DDA, the Development Agreement and grading plans approved by the City, Laing plans to grade the existing Stadium Parking Lot Property and, during such grading operations, provide 1,500 temporary parking spaces on a "Temporary Stadium Parking Lot Property." The Temporary Stadium Parking Lot Property is depicted in the attached exhibit. After completing the.grading on the Stadium Parking Lot Property and- installation of improvements such as pavement, the parking easement will be reinstated and remain in effect until the Agency approves a "Replacement Parking Plan." The configuration of the improved Stadium Parking Lot Property is depicted in the attached exhibit. The attached "Grant of Easements and Agreement Regarding Interim Stadium Parking Replacement Plan" provides for a permanent parking easement (until a replacement plan is approved and implemented) to allow parking on the Stadium Parking Lot Property following the transfer of ownership of the Stadium Parking Lot Property to Laing as provided in the DDA. Additionally, the Easement allows for temporary parking at the alternative site while Laing is grading and improving the Stadium Parking Lot Property. This document will be recorded in the County Recorder's Office. FISCAL IMPACT None. However, the Agency is obligated to contribute its fair share based on usage to the maintenance costs of the improved Stadium Parking Lot Property following installation of the improvements. RECOMMENDATIONS 1. That the City Council authorize the Mayor to execute the attached Easement subject to any minor modifications as may be approved by the City Attorney and, further, authorize the City Manager to execute any ancillary documents necessary to implement the terms of the attached Easement. AGENDA ITEM N0. PAGE '2 OF.,) ]-'I-. JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY / \ AUGUST 23, 2005 QoJ PAGE 3 2. That the.Agency Board authorize the Chairperson to execute the attached Easement subject to any minor modifications as may be approved by the Agency General Counsel and, further, authorize the Executive Director to execute any ancillary documents necessary to implement the terms of the attached Easement. PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOR AGENDA LISTING: - C Y MANAGER'S OF E/ ECUTIVE DIRECTOR'S OFFICE AGENDA ITEM NO. 3 PAGE_,2 � r') � . \ a§ \ K( \ g2 \ �� / «am 2 ¥N. PAC k-4 ».Q,�)- r7l, i ^ d < a «am 2 ¥N. PAC k-4 ».Q,�)- 1� e"..1," ..,i r � 1 � 1 n 1 Is I 1 ' '.1 t r I � '../ pi 111111111N 1111111I�IIU IIdI,1111tINIYl IY11111111111 - �_ I ' %� �r` �� � -' iAy .,\ AAAAAIA ♦ ff � 6 $. 2a F� �v..J � .�y V 1. —tA•4 ,�.,� ¢[31 AGENDA ITEM N0._ PACE G QF� t r I � pi 111111111N 1111111I�IIU IIdI,1111tINIYl IY11111111111 - �_ I ' %� �r` �� � -' iAy .,\ AAAAAIA ♦ ff � 6 $. 2a F� �v..J � .�y V 1. —tA•4 ,�.,� ¢[31 AGENDA ITEM N0._ PACE G QF� n AGENDA ITEM No.� P AC E�Q OF Recording Requested by and when Recorded Mail to: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attn: City Clerk Area Above for Recorder's Use Only (Exempt from Recording Fees per Government Code § 27383) GRANT OF EASEMENTS AND AGREEMENT REGARDING INTERIM STADIUM PARKING REPLACEMENT PLAN BY AND AMONG LAING -CP LAKE ELSINORE LLC, REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AND THE CITY OF LAKE ELSINORE DATED: t (.�I AGENDA ITEM NO.- --44 PAGEOF GRANT`OF EASEMENTS' AND AGREEMENT REGARDING INTERIM'STADIUM PARKING REPLACEMENT; PLAN, THIS GRANT OF EASEMENTS AND AGREEMENT REGARDING INTERIM STADIUM PARKING REPLACEMENT PLAN ( "Agreement ") is entered into to be effective as of . , 2005 ( "Effective Date ") by and among'LAING -CP LAKE ELSINORE LLC;'. a California limited liability company° ("Laing"), the REDEVELOPMENT AGENCY' OF•THE.CITY OF LAKE ELSINORE, a public body, corporate and politic (Agency')-and . the CITY.OV LAKE ELSINORE, a municipal corporation.( "City "). Laing, Agency -and" City. are sometimes singularly referred to herein as a "Party" and are collectively referred to'herein as' the "Parties." ' RECITALS ", " A. On December 26, 2002; Laing and Agency, among others, entered into that certain' Disposition and Development Agreemenf ( "DDA ") which ielategto development, in pertinent part for purposes of this Agreement, of the "Developer Property," as defined therein. The Developer Propertyconsists of seven hundred six and seventy =two on (706.72) acres of land comprised of (1) eighty -nine and eight 'one- hundredths (89.08) acres of land referred,to in the DDA as the "Agency Property"; (2) approximately, thirteen and seventy -six one- hundredths` (13.76) acres of land referred to in the DDA as the "Stadium Parking Lot Property", and (3) approximately six hundred nine and forty -six one - hundredths (609.46), acres, of land referred to in the DDA as the "Lehr Option Property." The Stadium Parking Lot Property is described and shown on Exhibit "A." The -.Parties acknowledge that the Stadium Parking Lot Property is currently used for overflow parking for events held at the Lake Elsinore Diamond Stadium, described on Exhibit "B" ( "Stadium " B. , -' Laing has exercised its option and acquired ,from the Agency the Agency Property, and also exercised its option and acquired the Lehr Option Property:' Pursuant to' Section 402'of the DDA, Laing has exercised its option to and Will acquire the Stadium Parking Lot Property concurrently with the recordation.of this' Agreement. The subject of this Agreement is strictly limited to the Stadium, Parking Lot Property and the "Temporary Stadium Parking Lot Property" as -defined in Section 2 of this Agreement and. shown on Exhibit 1. C.-' On August 24, 2004, "Laing and-City entered into that certain' First IAmended and Restated Development Agreement covering the Developer Property, including the Stadium' Parking, Lot. Property, which was recorded on December 17, 2004 as. Document. No. 1001282, Official Records of Riverside _ County, Recorder,( "DevelopmenIt Agreement "). Section.12.15 of the Development Agreement sets forth, additional provisions and obligations of Laing with.- regard to the Stadium Parking Lot Propert y D. Both Section 402.5 of the DDA and'Section 12.15 of the De'velopineni'Agreement 1) require recordation of an easement over the: Stadium' Parking Lot Property -arid contemplates a "Stadium Parking Replacement Plan" acceptable to Agency in the event that the Stadium Parking Lot site is put to another use that does not provide for the current 1,500 surface parking 253741V1 08/18/05 280439 -0001 AGENDA ITEM W Pv0k spaces located on the Stadium Parking Lot Property ( "Required Replacement Parking ") by either the construction of aparking structure or structures on a portion of the Stadium Parking Lot Property, or by development. of substitute parking at 'a suitable off -site location, or a combination of both. Currently, it is uncertain if or when Laing will submit a Stadium Parking Replacement Plan for review and approval by the Agency. E. Jr order for Laing to develop. the Developer Property in accordance with,the DDA, the Development Agreement and grading plans approved by the City, Laing plans to grade the existing Stadium Parking Lot Property and, during such grading operations, to'provide. the 1,500 r parking spaces on the Temporary Stadium Parking Lot Property shown on- Exhibit "C ". Following the completion of the' interim improvements for the Temporary Stadium Parking Lot' Property for use by patrons of the Stadium'and during the time Laing is conducting its grading: operations on the Stadium Parking Lot Property, the easement granted herein over the Stadium Parking Lot Property shall be suspended: F. Upon completion of the grading operations on the Stadium Parking Lot Property and installation of-improvements thereon as,provided in Section 2.3 of this Agreement (i) the Stadium Parking Lot Easement granted in Section 2.1 of this Agreement shall be reinstated and remain in effect.as provided therein , and (ii) the easement granted over the Temporary Stadium Parking Lot Property pursuant.to.Section 3.1 of this Agreement shall terminate. G. The Parties desire to enter into this Agreement to Provide' for the' grant of easements set forth herein related to (i) the Stadium Parking Lot Property and (ii), the Terimporary Stadium Parking Lot Property., NOW, THEREFORE, the Parties hereby agree as follows. 1. The Servient and Dominant Tenements. 1.1 The Servient and Dominant Tenements of Stadium Parking Lot Easement. For purposes of the Stadium Parking Lot Easement „the,servient tenement is. comprised of the Stadium Parking Lot Property and 4he dominant tenement is that certain real property described and shown on Exhibit "D” ( "City/Agency Property"). 1.2 The Servienf and Dominant Tenements 'of the Temnorary Parking Lot Easement. For purposes of the'Temporary'Stadium Parking Lot Easement, the servient tenement is comprised of the Temporary; Stadium, Parking Lot Property and the dominant tenement is the City /Agency. Property., _ .. 1.3 'Successor and Assigns. In accordance with the provisions of California Civil Code Section 1468, the easements provided herein shall be binding upon'and inure to.the benefit 'of the properties, identified in 'Sections ' l'.2 and" 1*3 and all portions thereof and any interest therein, and shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns, and any.person, or entity now or hereafter acquiring any right, tiile or interest in, any or all in an y portion;of the, respective properties. 11 2 25374V 1 08/18/05 280439 -0001 I 2. _ Stadium Parking Lot Easement: 2.1 Grant of Easement. For and in consideration of the monies,, conditions, covenants and agreements set forth herein, Laing hereby grants to Agency and. to City a non- exclusive easement (subject. to Sections 2 and 2.5), over and on the Stadium Parking Lot Property for the purposes of providing 1,500 parking . spaces along with related pedestrian and Vehicular access, ingress and egress over and on the Stadium Parking Lot Property. providing for the parking of vehicles for overflow parking for the Stadium ( "Stadium Parking Lot Easement"). Laing shall provide the Stadium Parking Lot Easement at no cost to Agency or any successor in interest to the Stadium, and acknowledges that the Agency may charge or cause to be charged. Stadium patrons for parking on the Stadium Parking' Lot 'Property and, retain and dispose of all revenues in. connection therewith.. .2:2 , Temporary Suspension of Use of Stadium Parking Lot Easement during Grading.. The Stadium Parking Lot Easement will be temporarily suspended during grading of the Stadium Parking Lot Property and parking facilities will be provided onatemporary. basis as provided in Section 3. Prior to any such temporary suspension of the Stadium Parking Lot Easement, Laing shall provide the Agency with fourteen (14) days prior written notice of same ( "Parking Relocation Notice ") and specify the date Agency may commence use of the Temporary Parking Lot Property under the Temporary Parking Lot Easement. Upon issuance of the Parking'Relocatioi Notice, Laing shall'diligently_pursue to completion the Stadium Parking Lot Improvements as defined in Section 2.3. di Notwithstanng' anything to the contrary, such temporary suspension of the Stadium Parking Lot Easement shall terminate not more than 12 nmonths from the date of the Parking Relocation Notice. 2.3' Improvements to Stadium Parking Lot Property Following Grading: Upon completion of the grading operations on the Stadium Parking Lot Property and prior to the reinstatement of the Stadium Parking Lot Easement, Laing shall pave the Stadium Parking Lot Property with asphalt or similar materials acceptable to Agency; stripe the surface of the parking area to 'provide for'the Required Replacement Parking, and reinstall the temporary lighting for the Stadium' Parking Lot Property ( "Stadium Parking Lot Improvements "). The configuration of the'parking spaces-on the'Stadium Parking Lot Property shall be substantially as shown on Exhibit' "A' : For purposes of information only; the Parties contemplate that Laing's grading operations ill have been completed and the Stadium Parking Lot Improvements will have been installed and ready for use by September 1, 2006. 2.4 Cost- Sharing of Improvements to Stadium Parking Lot Property Following Grading. Following the completion of the Stadium Parking Lot Improvements "and the reinstatement of the Stadium Parking Lot' Easement, the Agency shall be responsible for paying all actual and reasonable common area maintenance costs incurred with respect to the parking' spaces to be provided for their benefit, based upon a fair allocation of usage, with such costs to include, without limitation, normal sweeping and re- striping, lighting and electrical costs, costs for operation and security, repairs, capital replacement, and insurance. 2.5 Termination of Stadium Parking Lot Easement . upon Approval and Implementation of Replacement Parking .Plan. Upon approval of a Stadium Parking l 25374V 1 08/18/05 280439 -0001 AGENDA ITEM NO.- _-44 PM 4 o oa=f_ Replacement Plan by the Agency in its sole and absolute discretion consistent with Section 402.5 of the DDA and Section 12.15 of the Development Agreement„ and following the completion of all'of the required improvements related to such Stadium Parking Replacement Plan, the Stadium Parking Lot Easement shall terminate. Upon such termination, Agency shall for itself and its successors and assigns, execute and cause to be recorded any documents as may be required by Laing or a reputable title company to evidence the termination and relinquishment of the Stadium Parking Lot Easement. Notwithstanding any other provision to the contrary set forth herein, or in the DDA or Development Agreement, regardless of whether Agency has conveyed the Stadium to a third party, Agency: shall at all times continue to have sole,. and absolute discretion in considering and approving any Stadium Parking Replacement Plans. _ Accordingly, such successors or assigns to the Stadium shall have the right to review and comment on any such temporary interim'or permanent Stadium Parking Replacement Plans; but shall have, no right of approval of 'any interim or permanent Stadium "Parking Replacement 'Plan so long as the Required Replacement Parking is provided. 3. Temporary, Parking Lot Easement. 3.1 Grant of Easement. Effective upon the date of the Parking, Relocation Notice, Laing hereby grants to Agency, a non - exclusive temporary .easement over and on the Temporary, Stadium Parking Lot Property for the purpose of providing the 1,500 parking spaces along with, related pedestrian and vehicular access, ingress and egress over and on the Temporary, Stadium Parking Lot Property providing for the parking of vehicles for overflow parking for the \ Stadium and configured substantially as shown on Exhibit "C" ( "Temporary Stadium Parking �J Lot Easement"). 3.2 Term of Use of Temporary Stadium Parking Lot Easement. The Temporary Parking Lot Easement.shall be available for use by the. patrons of the Stadium upon the date specified in the Parking Relocation Notice and shall contiue during, the time that Laing conducts its, grading operations over the Stadium Parking Lot Property and completes the Stadium Parking Lot Improvements. Upon the completion of the, grading and installation of the Stadium Parking Lot, Improvements, the Temporary Stadium Parking Lot Easement: shall terminate and the Stadium Parking Lot Easement, shall automatically be reinstated as, provided in Section 2.2. 3.3 Condition of Temporary Stadium Parking Lot Property. • The Temporary Stadiurn Parking Lot Property shall not be permanently, improved, but shall consist of a gravel surface or other temporary surface acceptable to Agency and provide for adequate lighting to, assure the safe use by Stadium Patrons. Upon the completion of the. installation of the Stadium Parking Lot Improvements and the, determination by the Agency that the Stadium Parking Lot Property is ready for use by patrons ,of the Stadium, the Temporary Stadium Parking .Lot Easement shall terminate and the Stadium Parking Lot Easement shall automatically be reinstated. Upon request by Laing, Agency agrees for itself and on behalf of its successors or assigns to the Stadium, to execute and cause to be,recorded any documents required by Laing or 4 25374V 1 08/18/05 280439 -0001 Q.s/ AGENDA ITEM NO.�i PAGE 1 ,OF 0,9 1 a reputable title company to evidence the extinguishment and termination of the Temporary Stadium Parking Lot Easement, 4. Parking Area Rules. Laing acknowledges that 'Agency/City shall have the right to establish, posy and enforce reasonable rules regarding the use of the Stadium Parking Lot Property or the Temporary Stadium Parking Lot Property, including without limitation, rules prohibiting overnight parking'. Such rules shall be consistent . with the City Municipal Code requirements regarding parking for private and public`facilities. 5. Indemnification. Agency and City agree to indemnify, defend and.hold Laing harmless from and against all, claims, obligations, expenses, liabilities and costs (including but not limited to reasonable attorneys' fees) arising from,or related to the use of, maintenance of, or entry. on the Stadium Parking Lot Property and/or the Temporary Stadium Parking: Lot Property by the Agency, City and/or any persons or entities acting on behalf of the Agency and/or City, including, but not limitedtto the operators of the Stadiurri or patrons of the Stadium, using or gaining access to the Stadium Parking Lot Property and/or the Temporary Stadium Parking Lot' Property under this Agreement or under authorizationror'perri is'sion.of the Agency and/or City. Laing agrees to indemnify, defend and hold Agency and- City harmless from and against all claims, obligations, expenses, liabilities and, costs (including but not -limited to reasonable attorneys' fees) arising from or related to Laing's ownership, design, construction, /-� use of maintenance of, or entry on the Stadium -Parking Lot Property and/or the Temporary ( Stadium Parking Lot Property by Laing and/or any persons or entities acting on behalf of Laing, including, but not limited to using or gaining access to the Stadium Parking Lot Property and/or the Temporary Stadium Parking Lot Property under this- Agreement or under authorization or permission of Laing. 6. Miscellaneous Provisions. (a) Amendment. .This, Agreement may. be modified or amended in writing only by an agreement signed by both parties. (b) Termination. This Agreement or the individual easements granted herein shall terminate upon (i) the mutual written agreement of the'Parties; (ii) the events described in Sections 1 and 3 of this Agreement; or (iii) the 'closure or abandonment of the Stadium by the Agency, the City or its successors and assigns.,, (c) Objective Construction. ' This . Agreement reflects the negotiated agreement of the Parties. Accordingly, this Agreement shall be construed as if both Parties jointly prepared this Agreement and no presumption against one Party or the other shall govern the interpretation or construction of any 'of the terms of this Agreement by virtue of the preparation or authorship of this Agreement. (d) Waivers. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of the Party to be charged. 5., 25374 V ] 08/18/05 280439 -0001 AGENDA ITEM NO. —..- PACE 1 OF_.-2.2_—_ (e) Applicable Law. This Agreement shall be- construed and enforced in accordance with the laws of California. (f) Attorneys' Fees.. In the event of any legal acts arising out of the terms or conditions of this Agreement, the prevailing Party in such action shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable. attorneys' and costs. Attorneys' fees shall include any attorneys' fees on any appeal and, in addition, -a Party entitled to attorneys' fees shall be entitled,to,all other reasonable costs for investigating such action, including the taking of depositions and discovery, and other necessary costs incurred in litigation. (g) Authorit ..The persons' executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of the Party for whom they sign and by so executing this' Agreement, the Parties hereto are formally bound to the, provisions of this Agreement. (h) ,. Notices. All notices required or permitted by. this Agreement, shall be in writing and may be delivered in-person (by hand delivery or professional messenger - service) to either Party or may, be sent, by registered or certified mail, with postage prepaid, return receipt requested or delivered by Express Mail of the U.S: Postal Service or Federal Express or any other courier service guaranteeing ovemight'delivery, charges prepaid, or may be transmitted by facsimile transmission and addressed as follows: To, Laing: John- Laing Homes,, - 31881.Corydon, Suite.130: , Lake.Elsinore, CA 92530 Attn: Michael Filler, Vice President Telephone: (951) 245 -9075 Facsimile: (951) 245 -2270 With a copy to: Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman Avenue, Suite 1800. - Irvine, CA 92612 -0177 - Attn: David L. Colgan, Esq. „ Telephone: (949) 833 -7800. Fax: (949) 833 7878 To Agency: Redevelopment Agency of the City of Lake Elsinore 130 South Main St. , Lake Elsinore, CA 92530 Attn: Executive, Director Telephone: (951) 674 -3124 Fax: (951) 674 -2392 6 25374 V 1 08/18/05 280439 -0001 ACE14DA iTEM CSI. PAGE OF � N l— l To City: City of Lake Elsinore `130 South Main St. Lake Elsinore, CA 92530 Attn: City Manager Telephone: (951) 674 -3124 Facsimile: (951) 674 -2392 With a'copy to:, , 'VanBlarcom Leibold'McC fend on & Mann 23422 Mill Creek Drive, Suite 105 Laguna Hills, California 92653 Attn: Barbara Z. Leibold - Telephone: (949) 457 -6300 Facsimile: (949) 457 -6305 Any such notice sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received seventy -two (72) hours after - the same is so addressed and mailed with postage prepaid. Notices delivered by overnight service shall be deemed to have been given twenty -four (24) hours after delivery of the same, charges prepaid, to . the U.S. Postal Service or private jqourier., . If any notice is transmitted by facsimile transmission ` or similar means, the same shall be deemed served" or delivered upon confirmation of transmission thereof. Any notice or other document sent by any other manner shall be effective . only upon .actual receipt thereof., Any Party may change its address for purposes of this paragraph by giving notice to the other Party as provided herein.' (i) Exhibits. Exhibits A through D;which are attached to this Agreement are hereby incorporated herein by this reference. (j) _Relationship with Other Agreements. This Agreement is intended to implement Section 402.5 of the DDA and Section 12.15 of the Development Agreement. Except as expressly provided herein, this Agreement is not intended to amend, modify or otherwise change the rights and obligations sefforth'in the DDA and Development Agreement. 25374 V 1 08/18/05 280439 -0001 [SIGNATURES ON FOLLOWING PAGES] 7 AGENDA ITEM N0. PAGE X22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. LAING -CP LAKE ELSINORE LLC, a REDEVELOPMENT AGENCY OF THE California limited liability company ( "Laing "). CITY OF LAKE ELSINORE, a public body, corporate and politic ( "Agency") By: WL Homes LLC, a Delaware limited By: liability company Its: Its: Managing Member By: APPROVED AS TO FORM: Van Blarcom Leibold McClendon & Mann By: Barbara Z. Leibold, Agency Counsel ATTEST: By:* Agency Secretary CITY OF LAKE ELSINORE, a municipal corporation ( "City ") By: Its: 8- 25374V 1 08/18/05 280439 -0001 F AGENDA ITEM NO. PAGE 9 25374V 1 08/18/05 280439 -0001 AGENDA ITEM ND. State of ) County of ) On before me, personally appeared personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on this instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. 1MITNESS:my hand and official seal.. Notary Public State of County of On before me, personally appeared , personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on this instrument the person(s), or ( 1 the entity upon behalf of which the persons acted, executed the instrument: WITNESS my hand and official seal. Notary Public State of _ County of On before me, personally appeared , personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on this instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public 253741V1 08/18/05 280439 -0001 '.ti4 't i M iii%{ State of ) County of ) On before me, personally appeared , personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on this instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public State of County of On before me, personally appeared personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the /-� within instrument and acknowledged to me that he /she /they executed the same in his/her /their f authorized capacity(ies), and that by his /her /their signature(s) on this instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public 253741VI 08/18/05 AGENDA ITEM N0. . H PAGE J1 OF,9—a EXHIBIT. "A" Stadium Parking Lot Property 253741 V 1 08/18/05 280439 -0001 A:;ENUA ITEM iti0. PACE _ 3 OF EXHIBIT "B Stadium 1 ' t 253741VI 08/18/05 280439 -0001 AGENDA ITEM NO.—&-2-J—. PAGE 7 OF_. EXHIBIT "C" Temporary Stadium Parkins Lot Property 253741VI 08/18/05 280439 -0001 niu04t5lA ii`FRA NO . 2- 253741 V 1 08/ 18/05. 280439 -0001 CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRMAN AND REDEVELOPMENT AGENCY BOARD FROM: BARBARA LEIBOLD, CITY ATTORNEY /AGENCY COUNSEL DATE: AUGUST 23, 2005 SUBJECT: AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY (ALLIANCE REALTY PARTNERS LLC) BACKGROUND Alliance Realty Partners LLC is in escrow to purchase property within the Rancho Laguna Redevelopment Project Area II. The property is zoned for multi - family housing and the developer proposes to construct a 184 unit multi- family residential apartment complex. The developer's design review application is currently being r 1 reviewed by staff and will subsequently be submitted to the Planning Commission and mss/ City Council for consideration. DISCUSSION In response to the City's practice of imposing affordable housing obligations as a condition of approval for residential projects located within the boundaries of a redevelopment project area and in contemplation of a citywide inclusionary housing ordinance, the Developer approached the City and Agency to negotiate an affordable housing agreement. The purpose of the agreement is to satisfy the City's and Agency's inclusionary housing requirements and to provide certainty to the developer as to these requirements. The Agreement will be effective only if the developer acquires the property and the City approves the project design. The Planning Commission and City Council retain all of their normal discretionary review authority in evaluating the developer's application. The project design is not before the Council/Agency as part of this agenda item. AGENDA ITEM NO: 35 PAGEJ_OF 'Z r� r 1 JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY AUGUST 23, 2005 PAGE 2 The, attached Affordable Housing Agreement Imposing Restrictions on,Real:Property (the "Agreement ") requires that the developer set aside 15 %_of:the residential units as' affordable housing. These "Affordable Units" would be available only to moderate income households at affordable rent. Income and affordable rent limitsY for Moderate, Income Households in Riverside County in 2005 are summarized in the chart below: 2005 Lake Elsinore (Riverside County) Income& Affordability . Standards California Community Redevelopment Law Maximum Qualifying Income: Income Category 1- person Household 2- person Household 3- person Household:. 4- person Household' 5- person Household ' Moderate $46;750 ' " $53,450 $60,100 $66,800 $72,150 Maximum Monthly Rent Before Utility Allowance: Studio 1 bdm 2 bdm 3 -bdm 4 -bdm Moderate $1,034 $1,177 $1,320 $1,459 $1,563 Affordable rent charged by the developer must be net of a reasonable utility allowance. The Riverside County Housing Authority published utility allowances are attached. Assuming a utility allowance of $127 for a one - bedroom unit and $155 for a two - bedroom unit, the maximum allowable rent paid by a moderate income household in an affordable unit in the project in 2005 would be $1,097.00 and $1,223.00, respectively. The developer is required to annually recertify the income eligibility of each moderate income tenant and to submit annual reports verifying compliance with the affordability requirements. The affordability provisions remain in effect for 55 years. In addition to (� providing housing to moderate income families, the affordable units provided by this AGENDA ITEM NO.� _ PAGE�OF� JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY ( 1 AUGUST 23, 2005 `•/ PAGE 3 project qualify as "inclusionary" housing units under �Section' 33413(b) of ,the Community Redevelopment Law. FISCAL IMPACT . . None.. RECOMMENDATIONS That the City Council and Agency Board authorize the Mayor and Agency Chairman to execute the attached Agreement subject. to any•minor modifications as may be approved by the City Attorney. PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOR AGENDA LISTING: rr ll CI MANAGER'S OF CE/ E ECUTIVE DIREC R'S OFFICE. AGENDA ITEM NO. PAGE 3 OF 22 RECORDING REQUESTED BY City of Lake Elsinore & RedevelopmentAgency of the City of Lake Elsinore WHEN RECORDED MAIL TOi ; City of Lake Elsinore City Clerk 130 South Main Street Lake Elsinore, California 92530 (No Fee per Government Code § 27383) AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY ( "Agreement "), entered into this, day. of . 2005, (the "Execution Date ") by and among the City of Lake Elsinore, a municipal corporation ( "City "), the Redevelopment Agency of the City of Lake Elsinore ("Agency"),, a public body created pursuant to, and exercising powers conferred by, the California Community Redevelopment Law, (Health & Safety Code Section 33000 et seq.) and Alliance Realty, Partners; LLC, a Delaware (� limited liability company and assigns ( "Developer "), is made with reference to the following: A. ; Developer is under contract to purchase certain real property in the City of Lake Elsinore, in the County of Riverside, California (hereinafter referred to as the "Subject Property") generally located southeast,of Lakeshore Drive and Elm Street and more particularly described in Attachment, "A", which is attached hereto and incorporated herein by this reference: , B. The Subject Property is located within the boundaries of the Rancho Laguna, Redevelopment Project Area II (the "Redevelopment Project Area ") as established by the Redevelopment Plan forthe:Rancho Laguna Redevelopment Project Area II adopted and approved by the City Council :of the City by Ordinance No. 671 on July 11 1983 and,amended by Ordinance No. 987, adopted November 22, 1994 (the "Redevelopment Plan "). 'C. ` On July 8, 2005, Developer submitted its application to the City for design review approval of not less than. 184 multi - family residential rental apartments known as the Broadstone River's Edge development (the "Project ") which is consistent with the City's zoning and land. use designations for the Subject Property and the Redevelopment Plan. D. City has adopted a Housing Element to its General Plan pursuant to Government Code § 65580 et seq., which sets forth the City's policies, production goals and objectives to satisfy and provide its regional fair share of housing affordable to all economic segments of the community. t E. Consistent with the provisions of the California Community Redevelopment Law including Health &Safety Code § 33413(b), the Redevelopment Agency desires that not less ` AGENDA ITEM NO.3 MS Word PCA LA 3532780x9 64673 -0005 8/16/05 PAGE_�_OF than 15% of all newly constructed housing stock in the Redevelopment Project Area be available at affordable housing cost to, and occupied by, persons and families of low or moderate income. F. The City does not have an inclusionary housing ordinance applicable to.the Project to require the provision of affordable housing. However, in anticipation of the City's, adoption of an inclusionary housing ordinance applicable City -wide, Developer offers to make certain units in its Project available to moderate income households ( "Affordable Units ") so . long as City approves the Project. G. In satisfaction of any current or future requirement of, or condition to, City s approval of the Project relating to affordable housing, the City, Agency and Developer enter into this Agreement to.establish that 15% of the units constructed within the Project shall be Affordable Units according_to_the terms and conditions_ set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows 1. DEFINITIONS - The following terns shall have the following meanings in this Agreement: "Affordability Term" means the period commencing on the date the certificate of occupancy is issued by the City for the first Affordable Unit and ending on the anniversary date , which is fifty - five -(55) years thereafter. "Affordable Rent" means the amount of monthly rent, net of the Riverside County Utility Allowance; (or such utility allowance as agreed by the Executive Director and Developer), to be charged by Developer and, paid by a Moderate Income Household for an Affordable Unit as determined and calculated pursuant to Section 50053 of the California Health & Safety Code as currently exists or as may be amended from•time to time. The provisions of California Health & Safety Code Section 50053 in existence as of the Execution Date are set forth in Section 3.4 of this Agreement. "Affordable Units" means the twenty -eight (28) dwelling units in the Project to be available to or occupied by Moderate Income Households at Affordable Rent: "Agency"' means the Redevelopment Agency of the City of Lake Elsinore, a public body, corporate and politic, exercising governmental functions and powers'and organized and existing under Chapter 2 of the Community Redevelopment Law (Section 83000 et seq..of the California Health & Safety Code). "Agreement" means this Affordable Housing Agreement Imposing Restrictions on Real Property. "City" means the City, of Lake Elsinore, a California municipal corporation.. "City Manager" means the City Manager of City or his/her designee. 2 AGENDA ITEM NO. MS Word PCA LA 35327800 64673 -0005 8/16/05 PACE O2-12 -- ���� "Developer", means the Alliance Realty Partners, LLC, a California limited partnership, its successors, its assigns and every successor in interest to the Subject Property and/or the Project. "Effective Date" is defined in Section 1 l.of this Agreement: "Execution Date" is defined in the.opening,paragraph�ofthis Agreement: "Executive Director" means the Executive Director of the Agency or his/her designee. "Governmental Regulations" means.the Lake Elsinore Municipal Code,and all; laws, statutes, codes, ordinances, resolutions, rules, and regulations of the,United States, the State of California, the County, of.Riverside, the City, the Agency or any other political, subdivision in which the Subject-Property is located, and of any other political subdivision, agency or, instrumentality exercising jurisdiction over the. City, the;Ageney, the Developer or the Subject . Property (including, without limitation, those relating to land.use, subdivision, zoning, environmental, labor laws, health and safety, water, earthquake hazard reduction and building and fire codes) bearing on the entitlement, construction, use, or operation of the, Project.. "Market Units" means the dwelling units in'the,Project that are not Affordable Units... "Moderate Income" and/or "Moderate Income Households" and/or "Moderate Income Tenants" means person(s) or households whose gross household income does . not exceed 120% of the area median income adjusted for household size as determined in accordance t with the U.S. Department of Housing and Urban Development published criteria for Riverside County as updated from time to time and as defined in Section. 50093 of the Health & Safety Code, as currently exists or as may be amended from time to time. "Party" means the Agency, the, City or Developer, individually as applicable, and,the, - "Parties" means, collectively, Agency, City and Developer. "Project" means the proposed Broadstone River's Edge development consisting of not less than 184 multi - family residential rental apartments proposed,by the Developer to be . constructed on the Subject Property consistent with the Project Entitlements. "Project Entitlements" means the land use approval(s) affecting the Subject Property and/or the Project required by City in accordance with applicable Governmental Regulations. "Subject Property" means that certain real propertygenerally located southeast of Lakeshore Drive and Elm Street and more particularly described in Attachment "A ", which is attached hereto and incorporated herein by this reference: 2 THE,PROJECT , Developer_ submitted an application for Project Entitlements to the City on July 8, 2005. Developer acknowledges and agrees that this Agreement does not constitute approval of the Project Entitlements or in any way confer a vested right to build the'Prolecf. This Agreement (� does not constitute a project under the California Environmental Quality Act (CEQA) under the general rule that CEQA applies only to projects that have the potential to cause a significant 3 AGENDA ITEM No.� - MS Word PCA LA 3532780x9 64673 -0005 8/16/05 PAGE�OF r'�/1 effect on the environment. Developer and City shall prepare all necessary and appropriate environmental documentation in connection with the Project Entitlements in- compliance with• CEQA. 1. 3. AFFORDABLE HOUSING REGULATIONS ' 3.1 Satisfaction of Affordable Housing Obligations and Conditions of Approval. In the event the Project is approved and in order to satisfy any current or future requirements or conditions of the City and/or Agency relating to the provision of affordable housing, including without limitation the provision of in -lieu fees or the production of housing units, Developer covenants and agrees to make available, restrict occupancy to, and rent twenty -eight (28) Affordable Units available only io Moderate Income Households at an Affordable Rent throughout the Affordability Term as set forth in this Agreement. All other units within the ` Project, now and in the future; shall not be deemed Affordable Units and shall be available at market rents'or sales prices;'as the case maybe ( "Market Units").- This Agreement shall be the only condition, requirement, fee,`or'obligation of Developer'and assigns related to affordable or' inclusionary housing requirements of the City or Agency in connection with the Project; irrespective of any subsequent` ordinances,' resolutions, laws; policies; requirements, conditions, fees or obligations enacted or imposed by City or Agency. Agency and City, in adopting any future affordable or inclusiona'ry housing requirements, fees; conditions or obligations shall do so in a manner that exempts the Project.based upon the covenants set forth in this Agreement. 3.2 Development of Affordable Units. 3.2.1'' Prior to the approval of any building permit for the Project, this ' Agreement shall be duly "executed and recorded in the official land 'records of Riverside County. 3.2.2 The design and construction of the Affordable Units shall be of equal quality to 'the Market Units and`shall be disbursed evenly throughout the Project. 3.2.3 The Affordable Units shall consist of a blend of one bedroom and two bedroom layouts; provided however, that throughout the Affordability Term not fewer than ten (10) Affordable Units shall be two- bedroom units.' 3.2.4 The Affordable Units shall be a "floating designation such that the requirements of this Agreement will be satisfied so long'as any twenty -eight (28) units exist in the Project inconformity with this Agreement throughout the Affordability Term.' .1 3.3 ' 'Income Certification Rquirements Prior to leasing an Affordable Unit and annually thereafter, Developer shall obtain from each Affordable Unit tenant head of household a signed Tenant Income Certification Form, using the form attached hereto as Exhibit "B" or such other form agreed by Developer and Executive Director. An annual re- signing and re- dating of the affidavit attached to the Form is sufficient if there are no changes to the tenant information on the Form. Developer shall retain the Tenant Income Certification Forms for a minimum of five (5) years from their dates of execution . The,Agene or City shall have the right to inspect and copy the Tenant Income 4 AGENDA ITEM NO. -'�S PA GE�_OF� MS Word PCA LA 3532780v9 64673 -0005 8!16105 - � ' ' Certification. Forms,. at.the City's or Agency.'s sole 7expense, during regular business hours, upon not less than five (5) business days' written notice. 3.4 Determination of Affordable Rent. 3.4.1 Definition of Affordable Rent. As of the date of this Agreement, Section 50053 of the California Health & Safety Code provides that the maximum allowable Affordable Rent for all Affordable' Units.occupied by Moderate Income Households in the Project shall not exceed,the product of thirty percent (30 %) times one hundred ten percent (110 %0) of area median income adjusted for family. size appropriate to the Affordable Unit. The "family size appropriate to the Affordable Unit" shall be two (2) persons. fora one - bedroom Affordable Unit or three (3) persons for a two- bedroom Affordable Unit, or as provided in Health and Safety Code section 50053, as may be amended from time to time.. Affordable Rent charged to each Moderate Income Tenant will be net of the utility allowances (((30% x 110% x. AMI x FSA) /12, less Utility Allowances = Affordable Rent), Developer shall submit to the. . Executive Director for review and approval the Affordable Rent proposed by Developer for the Affordable Units. The Affordable Rent must be,recalculated by Developer and reviewed and _ approved by the, Executive Director annually. _ 3.4.2 Utility Allowance. Affordable Rent includes a reasonable utility allowance. Allowances for tenant paid utilities shall be based on the "Utility Rate Schedule" established for the Riverside County Housing Authority's Section 8 Rental Assistance Program. In the absence of or as an alternative to such schedule, Developer and Executive Director will establish maximum monthly allowances for utilities and services to be used by Developer in calculating Affordable Rent. 3;4.3 Adjustment of Affordable Rent. Affordable Rent may be recalculated - annually'as changes in area median income and/or, monthly utility allowances warrant.. Developer. must provide Moderate Income Tenants occupying the Affordable Units not less than sixty. (60) days prior written notice, before implementing any rent increase. 3.4.4 Increases in Tenant Income. A household who qualifies as a Moderate Income Household prior to occupancy of an Affordable Unit shall be deemed to continue to be so qualified until such time as recertification of such Household's income demonstrates that such Household no longer qualifies as Moderate Income:_Units occupied by such Households shall continue to qualify as Affordable Units as required by this Agreement despite temporary noncompliance with this Section 3.4 et seq., if the noncompliance is caused solely by increases in the incomes of existing tenants and ifthe Developer.acts to,ensure that vacancies, if any, are filled_in accordance with this.Section until the noncompliance is corrected. Developer'may, in its sole discretion, but subject to the terms and conditions of the applicable lease, permit a Household occupying an Affordable Unit whose income increases to.an amount that exceeds the maximum qualifying income of a Moderate Income, Household to (i) continue to occupy his or her unit as a Market Unit and lease the next available unit as an Affordable Unit inconformity with the requirements of this Agreement, or (ii) relocate the Household to a vacant unit and reestablish the Affordable Unit by renting to a Moderate Income Household at Affordable'Rent. n 3A.5 Vacancy of Affordable Units., City and Agency acknowledge the business and economic vagaries of the rental housing marketr and that.there may be periods; ' S AGENDA ITEM NO.� MS Word PCA LA 3532780v9 64677 -0005 9!16/05 - PAGE during the Affordability Term where one or more of the Affordable Units are vacant. Such vacancies shall not be deemed a default of the requirements of this Agreement so long as Developer continuously holds such Affordable Units available for occupancy by Moderate Income Tenants or exercises best efforts to rent such other units to Moderate Income Households in accordance with this Agreement. 3.5 Reporting and Compliance Monitoring. Not later than August 1 each year, throughout the Affordability Term, Developershall complete and submit to the Executive Directora- "Certification of Continuing Program Compliance" in-such form as attached hereto as Attachment "C" or such other form agreed by Developer and the Executive Director. Such Certification shall, at a minimum, include: (1) identification of the unit; (2) number of persons per unit; (3) initial occupancy date; (4) rent paid per month; (5) gross household income of the tenant; and (6) proof that monthly rent does not exceed the maximum allowed income for Moderate Income Households. As a part of the monitoring and compliance with this Agreement, Developer shall annually cause each Moderate Income Household occupying an Affordable Unit in the Project to verify its income in accordance with Section 3.3 of this Agreement. The Agency relies upon the information contained in such certifications to- satisfy its reporting and record keeping requirements pursuant to applicable requirements of the California Community Redevelopment Law. Failure by Developer to submit to the Executive Director all of the documentation required by this Agreement, except where otherwise prohibited by law; shall be. deemed a default: 4. DEVELOPER =S REVIEW OF PROSPECTIVE TENANTS "'ll 4.1 Tenant Selection. The Developer shall be solely responsible for obtaining and selecting qualified Moderate Income Tenants for the Affordable Units and may establish such tenant 'selection criteria as Developer deems necessary and appropriate consistent' with applicable Governmentall Regulations and industry standards for residential tenancies. Developer shall not be required to rent an'Affordable Unit to a Moderate income Household where such Moderate Income Household does not otherwise satisfy Developer's tenant selection criteria or agree to comply with the rental agreement. gin•: 4.2 Nondiscrimination. Developer shall not discriminate' against prospective tenants on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, disability or medical condition'in the leasing, subleasing, transferring, use or occupancy of any Affordable Unit.` 4.3 Landlord and Tenant Rights..All rights, obligations and remedies afforded under applicable Governmental Regulations to the Developer as landlord, and to tenants occupying or applying for occupancy of the Affordable Units shall not be affected by this Agreement. The Developer shall be authorize&tozollect a.security deposit, first and/or last month's rent and to' perform 'standard credit and background checks in a manner,consistent with Governmental Regulations. 5. DEFAULT `.r✓ Failure. of the Developenor its successor to cure any default under the terms of this / \ Agreement within-thirty (30) days.after the delivery of a notice of default from the City.or- `rf 6 AWNDA ITEM NO. MS Word PCALA 353278019 64673 -0005 8/16/05 .. - PAG E 9�0f 17 �7 W Agency (or where the default is of the nature which cannot be cured within such thirty (30) day period, the failure of the Developer or its successor to commence to cure such default within the thirty (30) day period or the Developer's'or its successor's failure to proceed diligently to` complete the cure of such a default within'a reasonable time period but in no event not - greater than ninety (90) days) will constitute a default under this Agreement. 6. INJUNCTIVE RELIEF AS SOLE LEGAL REMEDY The Parties acknowledge and agree that monetary damages are too speculative and uncertain to address defaults and breaches of this Agreement and its express or implied covenants. Therefore, the Parties agree that the sole legal relief shall -be equitable in nature, shall consist of injunctive relief and that monetary damages shall not be awarded against any Party. 7. . APPOINTMENT OF OTHER AGENCIES At its sole discretion, City or Agency may designate, appoint or contract with any other public agency, for - profit or non - profit organization to perform the City's and Agency's obligations under this Agreement. S. RELEASE OF SUBJECT PROPERTY FROM AGREEMENT Except as to the Market Units and the Subject Property not designated for Affordable Units, the covenants and conditions herein contained shall apply to and bind the Developer and the heirs, executors, administrators, successors, transferees, and assignees of all the parties having or acquiring any right, title or interest in or to any part of Subject Property and shall run with and burden the Subject Property until terminated in accordance with the provisions hereof or until the end of the Affordability Term. Irrespective of anything to the contrary set forth in the Agreement, individual.renters or buyers of Market Units, and mortgage lenders holding deeds of trust relating to the Market Units, shall not be subject to the terms of this Agreeriment, and within-ten (10) days after delivery of a request by Developer or any such renter, buyer or mortgage lender; the City and Agency shall execute and deliver a recordable release of this Agreement addressing the applicable Market Unit, which may be recorded in the official records of Riverside County: 9. ASSIGNMENT AND'TRANSFER Developer may assign this Agreement only in connection with a transfer and conveyance of the Subject Property at any time; without further consent of City or Agency; subject to the purchaser /assignee assuming the terms of this Agreement if still in force and effect. Such assumption shall be in an industry- standard form and shall be delivered to the Executive Director not less than five (5) business days prior to conveyance of the.Subject Property., Upon execution by the'purchaser /assignee of the assumption and conveyance of the Subject,Property, Developer is released of its obligations under this Agreement._ MS Wud PCA CA 35327800 64673 -0005 8/16/05 7; AGENDA ITEM NO._ PAGE -10. OF - _ 10. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt, requested, to the Party to receive such notice at the address set forth below: TO THE CITY OF LAKE ELSINORE AND THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE: City of Lake Elsinore/Redevelopment Agency of the City. of Lake Elsinore' 130 South Main Street _ Lake Elsinore, CA 92530 Attention: City Manager /Executive Director Facsimile: (951) 674 -2392 With a copy to: Van Blarcom, Leibold, McClendon & Mann, PC 23422 Mill Creek Drive, Suite 105 Laguna Hills, CA 92653 Attention: Barbara Zeid Leibold, Esq. Facsimile: (949)457 -6305 TO THE DEVELOPER: Alliance Realty Partners 2040 Main Street, Suite 235 Irvine, CA 92614 Attention: Andrew W. Colquitt and Angela L. Hill Partymay change the address to;which notices. are to be, sent ,by notifying the other Parties of the-new address in the manner set forth above. 11. EFFECTIVE DATE OF AGREEMENT,'-. This Agreement shall only be effective if and when all of the following occur ("Effective Date "): .11.1 City approves.Developer's application for design review of the Project. 11.2 Developer, or assignee acquires title to the Subject Property. Upon the occurrence of the Effective Date, each and every'term; provision and covenant of this 'Agreement shall take effect retroactive to the Execution Date, and shall be enforceable by the Parties as if fully effective from and after the Execution Date'.' ate: ' If the Effective Date does not occur, then this Agreement is of no force and effect and the City, Agency and Developer shall execute and deliver a written statement to this effect, upon any Party's request. r 1 1 8 AGENDA ITEM No.__ MS Word PCA LA 3532780x9 64673 -0005 8/16/05 - PACEI_QF n f7 12. DURATION OF AGREEMENT This Agreement shall expimand be of no further force and effect at the end of the Affordability Tenn. However, this Agreement may be terminated as to some or all of the Affordable Units, or to the Agreement as a whole, at an earlier date upon the granting of a written release by the City Council of the City and the governing Board of the Agency, in its sole and absolute discretion, which shall be recorded against, the Subject Property. Reasons for early release may include, without limitation, that neither the City nor Agency has adopted a city -wide inclusionary housing ordinance, that the City or Agency has approved some or all of the units for conversion to condominiums, or that changed legal or community considerations warrant making available one or more Affordable,Units as Market Units. Upon termination of this Agreement, or any release of Affordable Unit(s) from this Agreement, the Affordable Unit(s) shall be available as unrestricted Market Units. 13. - RECORDATION Immediately upon the Effective Date Developer shall cause this Agreement Wbe recorded in the official land records of Riverside County. Developer, City and Agency shall execute and deposit this Agreement and recording instructions into the escrow by which Developers or its assignee is to acquire the Subject Property. Such instructions shall provide for the recordation of this Agreement immediately following the recordation of the grant deed vesting Developer's or its assignee's title to the Subject Property. 14. INTEGRATED AGREEMENT This Agreement constitutes the entire Agreement between the Parties with respect to the affordable housing requirements of the Project and no modification hereof shall be binding unless reduced to writing and signed by the Parties hereto. 15. SEVERABILITY In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. 16. ESTOPPEL CERTIFICATE On or before twenty (20) days after the date of delivery of a request by Developer, the City Manager or Executive Director shall execute and deliver to Developer, any purchaser of the Subject Property or any mortgage lender an estoppel certificate binding upon the City and Agency stating, if it can be truthfully stated, that: (a) this Agreement has not been amended; (b) Developer or its successor or assign is not in default under this Agreement and no event has occurred which if not cured after notice or passage of time would constitute a default of Developer under this Agreement; and (c) whether Developer or its successor has been released with respect to any of the Affordable Units. MS Nord PCA LA 35327800 64673 -0005 8/16/05 9 AGENDA ITEM NO. ,2 PAGE 12 OF 2- 17. AMENDMENT OF AGREEMENT The Agreement,.and any section, subsection, or covenant contained herein, maybe amended only upon the written consent of Developer, City and Agency., ; 18. ATTORNEYS' FEES Should any Party bring a legal action regarding this Agreement, assuming, as applicable that the default procedures in Section 5 have first been followed, the prevailing party shall be entitled to recover its attorneys' fees and costs: „ 19. COUNTERPARTS AND.AUTHORITY.TO EXECUTE This Agreement may be signed in multiple counterparts which, when signed by all Parties, shall constitute a binding agreement. The person or persons executing this Agreement warrant and represent that they have the authority to execute this Agreement and to bind the respective. Party to the performance of the obligations herein. Q i MS Word PCA LA 35327800 64673 -0005 8/16/05 AGENDA ITEM NO. Dj�- 10 PACEE�O`F�.rJ IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be executed 1 as of the day and year first above written: "CITY" CITY OF LAKE ELSINORE, a municipal corporation Dated: 12005 By: Mayor lam' ATTEST: By: City Clerk Dated: '2005 ATTEST By: Agency Secretary APPROVED AS TO FORM: Van Blarcom, Leibold, McClendon & Mann, P.C. Barbara Zeid Leibold City Attorney /Agency Counsel Dated: MSword PCALA 3532780x9 64673 -0005 8 /76/05 "AGENCY" REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, a public body, corporate and politic By: Chairman "DEVELOPER ALLIANCE REALTY PARTNERS, LLC, a California limited partnership 2005 By: AGENDA ITEM NO.� 1I PAGE �� OF i'Z ATTACHMENT "A" LEGAL DESCRIPTION OF SUBJECT PROPERTY 1 [See Attached] ATTACHMENT "A" AGENDA ITEM N0._ PAGE :OF MS Wo 0x rd PCA LA 3532789 64673 -0005 8/16/05 +� _ ")C�� 'ATTACHMENT "B" : 1 TENANT, INCOME CERTIFICATION FORM Head of Household (Print Name): Address: Telephone Number /Home: Work: Message:, _ . Date of Birth:, -- _ _ HOUSEHOLD COMPOSITION 1 1 °,✓ d *`- #-i++. A� xis w; 23' h "•r °� Ise e�ii�Houseliold Metiimbers L,ug i�n�i�mt� €�.e�,��.d� {�xugr,_�a.., x... s. � _ �.a •sz ., .zv a.� - Name - - -' Age . ,._ .- Dependent- Head of Co- Total Yes/No Tenants 1. Gross amount,'before payroll deductions of wages, salaries;' overtime pay, commissions, fees,'tips'.and bonuses 2. Net income from business List additional household members on a'separate'sheet of paper.' MONTHLY GROSS INCOME* - k U' Y •'i � 5y.!� F - .t' } F% $t x✓s? 2N +'u�,. 1 + Ltst All Sour f Incometof A FHous tl Members SFr ft $ ' i ' Liven � '. X d �A $ T 3F m dtt « k - .:�m,�. {�xugr,_�a.., {ten PART_ 1 a EARNED INCOME Head of Co- Total Household Tenants 1. Gross amount,'before payroll deductions of wages, salaries;' overtime pay, commissions, fees,'tips'.and bonuses 2. Net income from business 3. Social security, annuities, insurance policies, pension /retirement funds, disability or death benefits received periodically 4. Payment in1ieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay 5. Public assistance, welfare payments 6. Alimony, child - support, other periodic allowances- 7. Regular pay; special pay and allowances of members of Armed Forces - 8. Other SUB -TOTAL EARNED INCOME TOTAL =EARNED INCOME a 12 $ ' " ANN7A'GR� EARNED Il�ICOME' r AGENDA ITEM NO. 5�_ ATTACHMENT "B" " 1 PAGE_OF_ MS Word PCA LA 35727800 64673 -0005 8 /16105 MONTHLY GROSS INCOME - :CONTINUED PART 2 B INVESTMENT INCOME Head of Household Other Hshld Members Total 1. Income from real property (i.e. rental property) ,�, � AYIf4.}.AO}}IiCS 2. Interest paid on Bank and Savings Accounts - u�. a._. ..... 3. Dividends and other payments from stocks and bonds Head of Does this asset generate Other 4. Other (describe) Total Assets SUB -TOTAL INVESTMENT INCOME ' Hshld income? If yes, specify in u TOTAL�II�T� 'ESTMENTtIt�ICOMET3�X 1? �t���?���� fir, �;� �, D � AL�GROSS} $�;MENTCINCO� � ��, F1 — *Note: - The following items -are not considered income:, casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property " losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act.of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, .and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. ASSETS ** ` is 0 pF VMS`K ,`F :l i. of 2' °.Ms- 'Gwlferck& R u�e +'3iW+ i a x m w e t used Idi f st� �'{, "" ,�, � AYIf4.}.AO}}IiCS t �: 6b, ..� .lie _e�UCll�ii u�. a._. ..... Sources of Head of Does this asset generate Other Does this asset generate Total Assets Household income? If yes, specify in Hshld income? If yes, specify in Part 2- Investment Income Members - - Part 2 - Investment . above. If no, write N /A. Income above. If no, write NIA. 1. Equity in Real Property (other than hshld =s full -time residence) 2. Bank & Savings ---- _.... -_ -. .. ". - �•.... --- Accounts 3. Stocks & Bonds 4. Other (describe) SUB -TOTAL i ?yT`'.a .. .. . y. n R��j'` '„'-T "' cm ^nzfh , ,"1T. x.:rw •"r. * *Note: If total value of household assets exceeds $5000, income shall include the greater of:(i) the actual amount of income, if any, derived from all of the household assets, or (ii) 10 percent of the value of all such assets. ** *Note: Necessary items used for personal use are excluded from household assets. Collections of items for hobby,/ investment or business purposes must be included in household assets. AGENDA ITEM No.__,:35 ATTACHMENT "B" PAGE OF� MS Word PICA LA 3532780,9 64673 -0005 8/16/05 2 ' f ' 1 CALCULATION OF HOUSEHOLD =S ANNUAL GROSS INCOME Does the Household =s TOTAL ASSET VALUE exceed $5,000? yes / no If yes; skip to 2, below: I. If no, the Household =s ANNUAL GROSS INCOME _ ANNUAL GROSS EARNED INCOME + ANNUAL GROSS INVESTMENT INCOME ANNUAL GROSS:INCOME II. If yes, calculate 10% x TOTAL ASSET VALUE _ $ Circle the, greater of:, (i) Household =s ANNUAL GROSS INVESTMENT INCOME .= $ or , (ii) 10% of Household =s TOTAL ASSET VALUE _ $ The Household =s ANNUAL GROSS INCOME = the number circled above [GREATER -OF (10% TOTAL ASSET VALUE) ANNUAL GROSS OR (ANNUAL GROSS INVESTMENT INCOME)) + EARNED INCOME MS Word PCA LA 35327800 64673 -0005 8/16/05 ATTACHMENT 'B" 3 ANNUAL GROSS INCOME AGENDA ITEM NO.� oAGE OF v' AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by the Lake Elsinore Redevelopment Agency and our landlord and the owner of our apartment building, to determine maximum income for eligibility. (I /we) warrant that all information set forth.in this document is true, correct and complete and based upon information (1 /we) deem reliable and based upon such investigation as (I /we) deemed necessary. (I /We) acknowledge that (I /we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material.breach of (my /our) rental agreement with the property owner to rent the unit and will additionally enable the property owner to initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me /us. (I /We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the Household.which intends to occupy a rental "unit located'at - Lake. Elsinore, California., Date Signature Executed at Printed Name Signature Printed Name MS Word PCA LA 35327800 64673 -0005 8/16/05 California Date Executed at . California ATTACHMENT "B" 4 AGENDA ITEM NO. � PAGE"OF ) 2= ATTACHMENT "C" 1 CERTIFICATION OF CONTINUING PROGRAM COMPLIANCE a duly authorized officer of and on behalf of Alliance Realty Partners, LLC, a California limited partnership (the "Developer ") or its assigns hereby represents and warrants that: a) He /she has read and is familiar with the provisions of the Affordable Housing Agreement Imposing Restrictions on Real Property ( "Agreement ") by and among the City of Lake Elsinore ( "City "), the Redevelopment Agency of the City of Lake Elsinore ( "Agency ") and Developer dated as of . 2005 to which the form of this Certification is attached. f 1 b) As of the date of this Certification, each Affordable Unit on the Property (i) is currently occupied by a Tenant Household qualifying as a "Moderate Income Household" at an "Affordable Rent" (as such terms are specifically defined in the Agreement) or (ii) are currently vacant and being made available for occupancy by such tenants, in accordance with the Agreement, as indicated: # of one - bedroom Affordable Units occupied by or available for occupancy by Moderate Income Households # of two - bedroom Affordable Units occupied by or available for occupancy by Moderate Income Households C) The unit size, the rent charged and collected by Developer, the household size (i.e. number of occupants), the income of each tenant household, and the date of initial occupancy is attached. This Certification is made with the knowledge that it will be relied upon by the Agency to determine compliance with the Affordable Unit and Affordable Rent requirements of the Agreement. Based upon reasonable investigation and upon information provided by each tenant, Developer, warrants that all information set forth in this document is true, correct and complete. Developer does hereby swear under penalty of perjury that the foregoing statements are true and correct and that this Certification was executed on 20 at California. Dated: "Developer" 20_. By: Its: MS Ward PCA LA 35327809 69673 -0005 8/16/05 ATTACHMENT "C" I AGENDA ITEM NO. PAGE OF�2_ ATTACHMENT TO CERTIFICATION OF CONTINUING - PROGRAM ,COMPLIANCE Unit # Unit Size Rent Utility Hshld Gross Hshld Date of Allowance _ _ Size Income Occupancy ATTACHMENT "C" 2 M$ Word PCA LA 35327800 64673 -0005 8/16/05 AGENDA ITEM NO. PAGE�_OF 7 n 1 riot t PrRt Housing Authority of the County of Riverside Effective 711/2005 Housing Allowances for Tenant Furnished- Utilities: and Other: Services:. - , g _ UTILITY OR SERVICE MONTHLY DOLLAR ALLOWANCES 0 -BR I 1 -BR I 2 -BR I 3 -BR I 4 -BR I 5 -6R 6 -BR Heating Gas or Propane Electric Air Conditioning Blower (Evap Cooler /Heat Exch Cooking Gas or Propane Electric Other. Electric Lighting & Refrigeration Water Heating . Gas or Propane Electric Water Service Domestic Use Evaporative (Swamp) Coole Sewer Service Trash Collection Refrigerator Range - 151 211 271 33 • 421 4$ 54 251 351 451 551 691 79 89 71 91 121 151 19 2t 24 11 21 21 31 3 4 4 21 31 4 5 7 8: 9 4 6 8 _ 9 ! 12 14 15 -- ill 161 211 25 .32 37 41 6 91 12 141 181 211 23 1121 171 221 271 341 391 44 161 231 291 361 461: 521 59 121 171 221 27 .351 391 44 151 151 151 15 15 151 15 171 171, 171 171 171 171 17 41 41 41 41 41 41 4 41 41 41 41 41 4 4 Name of Head of Household: Utility or Service - $ $.. Per Month - Address of Unit: Heating ................. ........:........:...........1. Air Conditioning., ................ ...... Blower . ............................... i..;.:..:.... Cooking... ...................................... Other Electric ..... ............................... Water Heating ..... ............................... Water................. ............................... Sewer..... ................. ..........:............ Trash................. ............................... Refrigerator.. . ..... ............ ................. Range ................. ............................... Total.................... ............................... 1 Number of Bedrooms: AGENDA ITEM 1110.-� PAGE 212— OF 2'2