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HomeMy WebLinkAbout08-27-1991 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 27, 1991 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca and City Clerk Kasad. PUBLIC COMMENTS - Rich Shurfeld, Bungee Fever Inc., advised that after six weeks of operation they are very pleased with the results thus far. He further advised that they are currently looking at the potential for further operations and increased activities. He commented on a professional videotape and promotional efforts underway. He challenged those Councilmembers who have not bungee jumped to do so. PRESENTATIONS/CEREMONIA~S A. Presentation = Certificate of Appreciation = Tony Martin. (F:56.1) Mr. Martin was not in attendance for presentation. B. Presentation = Gond Financina. (F:126.1) City Manager Molendyk commented on the Community Facilities District Report at the last meeting, and explained that this evening's presentation is to clarify some points of public and media confusion. Special Projects Coordinator Ray Wood detailed the actions taken by the City Council approximately two years ago when the Public Financing Authority was formed. He explained that this type of authority is formed under the Marks Roos Bond Pooling Act of 1985. He further explained that while the Authority is authorized for up to $500,000,000 in bonds, to date there have been only two pools issued for identified projects totaling $70,000,000. He explained that the bonds are generally sold to the public, however, the Public Financing Authority is authorized to buy its own bonds. He also explained the Tax Allocation Bonds issued by the Redevelopment Agency for capital improvement projects such as Main Street, Collier Avenue, etc.; which are supported by the tax increment. PAGE TWO - CITY COUNCIL MINUTES - AUGUST 27, 1991 Mr. Wood detailed the Community Facilities District option as set by 1982 law for use on infrastructure only and secured by the property for which the projects are proposed. This type of district requires a three to one ratio of land value to bonds and allows for foreclosure on the 151st day if necessary. He advised that three such districts have been established and emphasized that the debt remains with the property owners and not the City or Redevelopment Agency. He also advised that on the first $55 million in bonds issued, it is anticipated that the City will profit $14 million in interest on the bonds. He also explained that the potential for $250 million in projects is currently on the books. City Manager Molendyk emphasized the success and importance of public financing to municipalities. He also emphasized the ability to obtain lower interest rates and longer term financing. Special Projects Coordinator Wood further explained that developers can obt~in financing for infrastructure at 7-1/2% to 8% vs. 9-1/2% to 10%. Mayor Washburn commented on the ability to buy existing Mello Roos Bonds and the importance of the City's established Redevelopment Areas to support the bonding potential. City Attorney Harper stressed that the repayment of the bonds is not an obligation of the City/Redevelopment Agency or its residents. Mayor Pro Tem Starkey thanked Mr. Wood for his presentation and explanation. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 5 MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Meeting - August 13, 1991. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - August 7, 1991. (F:60.3) 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for July, 1991. (F:18.2) 3. Received and ordered filed the Investment Report for July, 1991. (F:12.5) 4. Ratified Warrant List for August 15, 1991. (F:12.3) 6. Adopted Resolution No. 91-66 requesting a Sphere of Influence Amendment. (F:154.1) RESOLUTION N0. 91-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AMEND THE SPHERE OF INfLUENCE Of THE CITY OF LAKE ELSINORE. PAGE THREE - CITY COUNCIL MINUTES - AUGUST 27, 1991 7. Awarded Contract relating to the West End Community Facilities District 88-3 for Lincoln Avenue Sewer Improvements to Thomas Pipeline, Inc. in the amount of $87,585.00. (F:22.3) 8. Awarded Contract relating to the West End Community Facilities District 88-3 for Robb Road Booster Station to S.C. Engineering in the amount of $157,000.00. (F:22.3) 9. Accepted Notice of Completion for Machado Park Improvements. (F:114.5) 10. Accepted Drainage Easement for Tract 22904 from Burning Tree Corporation. (F:132.1) 11. Approved Grant Deed for Remnant Parcel ll Adjacent to Railroad Canyon Road from the City of Lake Elsinore to Pardee-Grossman/Cottonwood Canyon. (F:132.1) ITEM PULLED FROM CONSENT CALENDAR 5. Su ort for Operation Briaht Star = Resolution No. 91-65. (F:127.2) Mayor Washburn introduced Rick Uhls & Rita Rubio, representing the Riverside County Sheriff's Department. Rick Uhls explained that Lake Elsinore will be the pilot area for this program which is proposed to provide gifts to needy children in the Community at Christmas. He also explained that they will seek support through money, toys and volunteer hours. He further explained that the program will be operated by the reserve chaplains corps. who he represents in this area and Rita Rubio is serving as the department liaison to the program. Councilman Dominguez questioned the timing for start up of the program and collection of donations. Mr. Uhls advised that it would be primarily late November and early December with distri6ution of gifts in late December. Councilman Dominguez inquired if contributions would be accepted prior to that. Mr. Uhls advised that First Trust Bank had donated an account for the project and contributions could be accepted. Mayor Washburn requested clarification of the donations needed. Mr. Uhls advised that cash or unwrapped toys would be accepted. Mayor Pro Tem Starkey questioned the type of volunteer efforts they would need. Mr. Uhls advised that they will be needed to man collection points, prepare packages for distribution, assist with delivery, prepare mailers, etc. Mayor Washburn commented on the positive efforts the officers are providing ir, the Community. Mr. Uhls commented that the officers will also be resources, through their daily contacts, to identify children that should be included for assistance from the program. RESOLUTION N0. 91-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, REGARDING THE "?ROJECT BRIGHT STAR" AND PARTICIPATION OF THE CITY IN SAID PRQGRAM. PUBLIC HEARINGS 31. Briahton Homes = General Plan Amendment 91-1: Specific Plan 89-2 Amendment No. 1~ Zoninp Regulations and Develonment Agreement Amendment No. 1. Resolution Nos. 91-67 _ 91-69 & PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 27, 1991 Ordinance No. 921. (F:150.2) City Planner Robert Christen detailed this project and advised that Staff and Brighton Homes have worked diligently to secure the commitment for a golf course and detailed the added Conditions and amendment to the Development Agreement. He further advised that Resolution No. 91-69 of this agenda item should become Ordinance 923. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:35 p.m. asking those in favor of this item to speak. The following person spoke: Ken Meddock, Director of Land Development for Brighton Homes, thanked staff for their efforts in working with the developer to address previously discussed concerns. He requested correction of a typographical error in Condition #30. He detailed Brighton's,efforts since 1989 when they purchased the property and the amenities they will be providing to the community. He also stressed the unknowns with regard to the golf course, particularly with the potential for endangered species limitations, but also stressed their hope that the golf course would be possible. He advised that they were currently holding a temporary permit, but it would be reevaluated based on the Least Bell's Vireo presence. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:50 p.m. Councilman Dominguez questioned the existing permit and the work that would be proceeding. Mr. Meddock explained that work will begin as soon as possible in October, however a plan must be submitted to the federal government for review. He advised that the plan should be ready in about three weeks and submitted to the Army Corps. of Engineers, and he would hope that work would be completed by January. Councilman course. Mr proposed. seeking the Mr. Meddock partner for Dominguez questioned the size of the proposed golf . Meddock confirmed that an 18 hole course is Mr. Dominguez also questioned whether Brighton was opportunity to sell a portion of the golf course. explained that they are only seeking a financial the development of the golf course. Mayor Washburn questioned the traffic circulation and the potential for a road along the Channel. He also questioned the type of grading which would be done. Mr. Meddock explained that the grading would be toward development of the artificial wetlands required for mitigation. Councilman Buck expressed concern with Condition #30 and the verbiage "5 years or 700th permit" and suggested sooner timing rather than later. Mr. Meddock explained that later was used because of the uncertainty of the current market. Mayor Washburn requested the addition of the G.I.S. requirement for digitizing. He also requested clarification of Condition #6 which requires agreement with the School District prior to the first tentative map, and if that was stepping into the district's realm. City Planner Christen advised that this condition is modeled after the School District's standard conditions. Mayor Washburn questioned the verbiage in Condition #30. Mr. Christen clarified that the Development Agreement amendment clarifies this condition. PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 27, 1991 Mayor Washburn questioned Commissioner Gilenson's concerns with this action. Mr. Meddock advised that it related to lot sizes. Mayor Washburn further questioned the phasing of the project. Mr. Meddock advised that by the first tentative map, the developer is required to submit a phasing plan. Mayor Pro Tem Starkey commented that the Council was originally sold on the golf course, and stressed the need for that amenity. He also commented that he was glad to see staff working with the developer to resolve problems. City Manager Molendyk questioned the amount of open space proposed. Brighton staff advised that there is approximately 215 acres of open space proposed. Mr. Molendyk further commented on wetland mitigation requirements and the potential for amenities to benefit the community and its residents. He reminded the Council that in the future, specific plans should be required before the development agreements. Mayor Washburn suggested that Brighton Homes work with the City Consultant on wetland resources. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION N0. 91-67 SUBJECT TO THE fINDINGS LISTED BELOW; ADOPT RESOLUTION 91-65 SUBJECT TO THE FINDINGS AND A~DED CONDITIONS LISTED BELOW WITH CORRECTION TO CONDITION #30 AND THE ADDED CONDITION #32 RELATING TO THE GIS SYSTEM; RESOLUTION N0. 91-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENTS TO THE LAND USE ELEMENT OF THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 1991. findinas = General Plan Amendment 91-1 i. The proposed General Plan Amendment would establish land use and allow density more in keeping with the subject property's location, access and site characteristics. The proposed amendment will not significantly alter the land uses, intensity, of the General Plan. The General Plan Land Use Element currently provides an illustration of the precise land uses approved for the project site, through the adopted Alberhill Specific Plan. The illustrative indicates that the specific plan area will contain residential, commercial, institutional and open space land uses. The proposed amendment will maintain the same land uses in revised locations consistent with the proposed Specific Plan. 2. The proposed General Plan Amendment is consistent with the surrounding land use designations. - The proposed general plan amendment, which proposes to allcw the development of residential, commercial, institutional and open space is consistent with and similar to the surrounding residential and specific plan areas designated by the general plan. The proposed specific plan proposes no land uses adverse to the project site or surrounding land uses. PAGE SIX - CITY COUNCIL MINUTES - AUGUST 27, 1991 RESOLUTION N0. 91-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT AND APPROVING AMENDMENT NUMBER 1 TO SPECIFIC PLAN 89-2 AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. Findinas = Amendment No. 1 to Soecific Plan 89-2 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, or in the process of being prepared and adopted. The proposed location shall allow the development to be well-integrated with or adequately buffered from its surroundings, which ever may be the case. The propos,ed location is well integrated and located to its surrounding since, the proposed project will be adjacent to similar residential, commercial, institutional, and open space uses which have already received specific plan approval. Moreover, the proposed project's land use plan proposes to use an 18 hole golf course to buffer the residential uses from the adjacent I-15 freeway. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. A traffic study has been completed, which addresses all of the anticipated circulation system improvements necessary to adequately handle the project's expected traffic volumes. There will be no significant congestion during build-out or at completion of the project. The final Specific Plan shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by City Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The proposed project provides a phasing schedule for the development of adequate public facilities on an as needed basis tied to the build out of project phases. Additionally, the proposed project will provide sites for the development of parks, open space areas, and schools. The overall design of the Specific Plan will produce an attractive, efficient and stable development. The proposed Specific Plan contains design guidelines for the long term development of the project such as a phasing schedule of the overall project, logical location of land use, and necessary circulation improvements to facilitate production of an attractive, efficient and stable development of the project. PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 27, 1991 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of non-significance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. An addendum Environmental Impact Report to the Alberhill fEIR 89-2 has been prepared to address the minor technical revisions associated with the proposed project. The Alberhill FEIR addressed all the significant impacts and developed mitigation measures reducing impacts to a level of insignificance. A statement of overriding considerations was adopted for impacts not reduced to a level of insignificance. Added Conditions of Approval = Specific Plan 89-2 30. Until such time that Applicant begins construction of the golf course and clubhouse, applicant shall be limited to a total of 2,235 residential dwelling units. of the 2,235 residential dwelling unites allowed for a"non-golf course" project, 240 may be multi-family residential units. Of the remaining 1,995 single family lots, 248 lots may be less than 6,000 square fee, but shall not be less than 4,500 square feet. All other single-family residential lots shall be a minimum of 6,000 square feet in size. If the applicant, his successors or assigns has not provided the notice specified in Section 30.4.2 of the Development Agreement within five (5) years of the issuance of the first building permit, or by the issuance of the 700th building permit, whichever is sooner, then at the discretion of the Planning Commission, the Specific Plan may be amended to reflect a revised development option and submitted and processed as a Specific Plan Amendment following commencement of construction of the public golf course, Applicant shall have the right to construct up to 500 additional lots of a size consistent with this Specific Plan and Condition No. 26. 31. The golf course/clubhouse shall be approximately 15,000 to 20,000 square feet in size and shall contain a pro shop, snack shop, banquet facilities with full kitchen, meeting rooms, men's locker room, women's locker room, administrative offices and golf cart storage and maintenance area. The clubhouse architecture and landscaping shall be subject to design review. 32. All in,provement plans and tracts shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with city's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing. MOVED BY DOMINGUEZ, SECONDED BY STARKEY TO ADOPT ORDINANCE N0. 923 BASED ON THE FINDINGS LISTED BELOW: ORDINANCE N0. 923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NUMBER 1 TO THE BRIGHTON/ALBERHILL DEVELOPMENT AGREEMENT, ADDING SECTION 30. PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 27, 1991 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Findinas = Amendment No. 1 to the Develonment Aareement 1. The proposed Development Agreement Amendment is consistent with the City of Lake Elsinore General Plan. The proposed Development Agreement Amendment is consistent with the General Plan. The proposed amendment ~oes not proposed any addition, deletion or modification which will deviate from the Goals and/or Policies of the General Plan. 2. The proposed Development Agreement is consistent with any applicable specific plan, zoning policies and regulations. The proposed Development Agreement is consistent with the proposed Alberhill/Brighton Specific Plan Amentlment. The purpose of the Development Agreement Amendment is to implement the provisions of the revised Alberhill/Brighton Specific Plan. MOVED BY WINKLER, SECONDED BY BUCK TO ADOPT ORDINANCE N0. 921 BASED ON THE FINDINGS LISTED BELOW: ORDINANCE N0. 921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIfORNIA, APPROVING THE ZONING REGULATIONS FOR THE BRIGHTON/ ALBERHILL SPECIFIC PLAN 89-2. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NONE NONE NONE Findinas = Zoninq Regulations 1. The proposed Zoning Regulations are consistent with the City of Lake Elsinore General Plan. The proposed Zoning Regulations are consistent with the General Plan. The proposed amendment does not propose any addition, deletion or modification which will deviate from the Goals and/or policies of the General Plan. 2. The proposed Zoning Regulations are consistent with any applicable specific plan, zoning policies and regulations. PAGE NINE - CITY COUNCIL MINUTES - AUGUST 27, 1991 The proposed Zoning Regulations are consistent with the proposed Alberhill/Brighton Specific Plan Amendment. The purpose of the Zoning Regulation is to implement the provisions of the revised Alberhill/ Brighton Specific Plan. 32. Tentative Parcel Map 26890 = A res Construction. (F:110.2) A request to consider approval for a three (3) lot residential subdivision, located on a 2.02 acre site at the terminus of Avenue 12 and south of Casino Drive. City Manager Molendyk advised that after meetings this date, the applicant is requesting a continuance. City Planner Christen explained that there is a condition regarding redesign of the tentative parcel map and for that reason staff concurs this item should be continued. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM. BUSINESS ITEMS 51. Truck Route Ordinance Amendment. (F:162.2) Ordinance No. 922 and Resolution No. 91-70. City Manager Molendyk explained that this action would reduce the current three ton limit to two tons on various streets. Mayor Washburn inquired how notification of this action would be provided. Staff advised that signs would be posted. MOVED BY DOMINGUEZ, SECONDED BY BUCK TO ADOPT ORDINANCE N0. 922 AND RESOLUTION N0. 91-70: ORDINANCE N0. 922 AN ORDINANCE Of THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING MUNICIPAL CODE SECTION 10.24.030 RELATING TO WEIGHT LIMITATION ON STREETS EXCEPT DESIGNATED TRUCK ROUTES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NONE NONE - NONE RESOLUTION N0. 91-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REPEALING RESOLUTION N0. 90-81 AND DESIGNATING CERTAIN STREETS WITHIN THE CITY AS TRUCK ROUTES. 52. Second Readinp _ Ordinance No. 919. (F:100.2) Relating to the "Master Plan of Drainage". MOVED BY WINKLER, SECONDED BY BUCK TO ADOPT ORDINANCE N0. 919: ORDINANCE N0. 919 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AUTHORIZING PAGE TEN - CITY COUNCIL MINUTES - AUGUST 27, 1991 ESTABLISHMENT OF DRAINAGE FEES FOR IMPLEMENTATION OF THE "MASTER PLAN OF DRAINAGE" FOR THE CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 53. Second Readinq _ Ordinance No. 920. (F:74.1) Relating to Disaster Operations & Relief. MOVED BY BUCK, SECONDED BY WINKLER TO ADOPT ORDINANCE N0. 920: .ORDINANCE N0. 920 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE ADMINISTRATION OF DISASTER OPERATION AND RELIEF IN THE CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk requested an executive session. City Attorney Harper requested that this Closed Session be a joint one with the Redevelopment Agency to discuss Lake Elsinore Associates litigation and potential litigation. CITY COUNCIL COMMENTS Councilman Buck advised that the next phase of Main Street is underway and stressed the availability of accessible parking. Councilman Winkler commented on the progress on Collier Road Improvements. Mayor Pro Tem Starkey advised that planning for the December 7th Christmas Parade is underway and persons interested in participating should contact Hilda Barnhart. Mayor Washburn commented on existing graffiti problems and requested the public's assistance in reporting it so the City can remove it as soon as possible. THE CITY COUNCIL MEETING WAS RECESSED AT 8:15 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:17 P.M. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 8:17 P.M. PAGE ELEVEN - CITY COUNCIL MINUTES - AUGUST 27, 1991 THE CITY COUNCIL RECONVENED AT 9:16 P.M. WITH WINKLER ABSENT. NO ACTION TAKEN. ADJOURNMENT MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:17 P.M. i ~ ~~~~~ GARY M ASHBURN, MAYOR CITY AKE ELSINORE A TEST: ~-¢~~~~~~ ~ CKI KASAD, CITY CLERK CITY OF LAKE ELSINORE