HomeMy WebLinkAboutOrd. No. 1989-870ORDINANCE NO. 870
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, RIVERSIDE
COUNTY, CALIFORNIA, DECLARING ITS
INTENTION TO ESTABLISH AN AREA OF
BENEFIT FOR THE IMPROVEMENT OF
RAILROAD CANXON ROAD AND FEES THEREFOR
AND FIXING THE TIME AND PLACE OF A
PUBLIC HEARING (AREA OF BENEFIT NO.
89-1),
WHEREAS, .the City Council of the City of Lake Elsinore
(t.he "City") is considering proceedings to establish an area of
benefit, pursuant to Section 66484 of the Government Code, for the
improvement of Railroad Canyon Road and to establish fees to be
imposed upon the lands included within the area of benefit to pay
for the cost of such improvements; and
WHEREAS, Railroad Canyon Road is a major thoroughfare
identified in the Circulation Element of the General Plan of the
City:
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
DECLARATION OF INTENTION
SECTION 1. Declaration. The public interest and
convenience require, and it is the intention of. the City, pursuant
to Section 66484 of the Government Code:
(a) To order the construction and acquisition of
improvements generally described as follows:
Construction of improvements to Railroad Canyon Road
between I-15 and North Limit and acquisition, if _
necessary, together with the appurtenances and
appurtenant work (the "Improvements") (See Exhibit A).
(b) To order the designation of an area of benefit to
pay for the costs and expenses of the Improvements to be
know as Area of Benefit No. 89-1 (the "Area of Benefit");
(c) To establish fees on all property within the Area of
Benefit to be payable on the earliest of: (1)
recordation of the final map, (2) issuance of a building
permit with respect to a parcel within the Area of
Benefit if the final map was approved prior to the
effective date of this Ordinance or (3) issuance of a
certificate of occupancy or completion with respect to a
parcel within the Area of Benefit if the building permit
was issued prior to the effective date of this Ordinance,
such fees to pay for the costs and expenses of the
Improvements; and
(d) The term "construction" as used herein includes,
without limitation, design, acquisition of right-of-way,
administration of construction contracts and actual
construciton, and such other items as may be used in
Section 66484 of the Government Code.
SECTION 2. Map. The Map of the Area of Benefit showing
the general nature, location and extent of the proposed
Improvements and showing the boundaries of the territory
containing the -lands proposed to-be charged with fees to pay the
costs and expenses of the proposed Improvements entitled:
PROPOSED BOUNDARIES OF
AREA OF BENEFIT NO. 89-1
/+t,~ 11 n~~ ..C the r,.... ,. ..F n 'ins - r,
~. ,.p <...~., „~ ~enef~,. ~ ~s hereby approveu alid adup~e;u
in the form attached hereto and made a part hereof as Exhibit "A".
SECTION 3. Filina of Mme. The original Map of the Area
of Benefit and one copy thereof shall be filed in the office of
the City Clerk.
SECTION 4. Governing for Details. The Map of the Area of
Benefit shall govern for all details as to the extent thereof.
SECTION 5. Certification of Adoption. A Certificate
evidencing the date and adoption of this ordinance shall be
endorsed on the original Map on the Area of Benefit and on at
least one copy thereof.
SECTION 6. Fees. The proposed fees to be imposed upon
each parcel of .property within the Area of Benefit are set forth
on Exhibit "B" attached hereto and made a part hereof.
Notwithstanding anything herein to the contrary the amount of the
proposed fees set forth in Exhibit "B" attached hereto, shall
escalate each year until paid by an amount equal to:
(1) the average prime lending rates of Security Pacific
National Bank, Bank of America and Citibank N.A., plus
2%, multiplied by (ii) to amount set forth on Exhibit "B"
attached hereto ( as such amount may have increased as a
result of the calculation contained in this sentence for
prior fiscal years).
SECTION 7. Payment of Fees. The proposed fees shall be
paid as a condition of approval of a final map or, to the extent a
final map has been approved with respect to property within the
Area of Benefit prior to the effective date of this Ordinance, as
a condition of issuing a building permit or, to the extent a
building permit(s) has been issued with respect to property within
the Area of Benefit prior to the effective date of this Ordinance,
as a condition of issuing a certificate of occupancy or
completion, whichever occurs earliest.
SECTION 8. Purpose of Fees. The proposed fees shall be
used for the purpose of defraying the actual or estimated cost of
the improvements.
SECTION 9. Apportionment of Fees. The method of
apportionment of the proposed fees shall not provide for higher
fees on lands which .abut the proposed Improvements unless such
abutting lands are provided direct usable access to the proposed
Improvements.
SECTION 10. Existing Thoroughfare. The proposed
improvements consist of reconstruction of an existing thoroughfare
which serves each parcel of land with the Area of Benefit.
SECTION 11. Hearing. The public hearing on the boundaries
of the Area of Benefit, costs of Improvements, whether actual or
estimated, and a fair method of allocation of costs to the parcels
of property within the Area of Benefit and all other matters set
forth in this Ordinance shall be held at the time and place
specified as follows:
TIME
7:00 p.m. on
December 26, 1989
PLACE
Board Meeting Room, Lake
Elsinore Unified School District
SECTION 12. Written Protests. Any interested person may
object to the proposed Improvements, the boundaries of the Area of
Benefit, the costs of improvements, whether actual or estimated,
the allocation of costs to the parcels of property within the Area
of Benefit and any other matters contained in this Ordinance by
filing a written protest with the City Clerk at or before the time
set for the public hearing. Such protests must contain a
description of the property in which each signer thereof is
interested sufficient to identify the same and, if the signers are
not shown on the last equalized assessment roll as the owners of
such property, must contain or be accompanied by written evidence
that such signers are the owners or have legal authority to act
for the owners of such property.
SECTION 13. Mailed Notice. The City Clerk shall cause
mailed notice of the public hearing and all preliminary
information related to the boundaries of the Area of Benefit,
estimated costs of the Improvements and method of fee
apportionment as follows:
a. Notice of the public hearing shall be mailed or
delivered at least ten (10) days prior to the public hearing to
the owner of each parcel of real property within the Area of
Benefit;
b. Notice of the public hearing shall be mailed or
delivered at least ten (10) days prior to the public hearing to
each local agency or public utility expected to provide any
essential facilities or services to the Improvement whose ability
to provide such facilities and services may be significantly
affected; and
c. Notice of the public hearing shall be mailed or
delivered at least ten (l0) days prior to the hearing to all
owners of real property as shown on the latest equalized
assessment roll within three hundred (300) feet of the Area of
Benefit.
SECTION 14. Published and Posted Notice. The City Clerk
shall cause notice of the public hearing and all preliminary
information relating to the boundaries of the Area of Benefit,
estimated costs of the Improvements and method of fee
apportionment to be published and posted as follows:
(a) Published once in a newspaper of general circulation
within the City at least ten (l0) days prior to the
hearing; and
(b) Posted ten (10) days prior to the public hearing in
a least three (3) public places within the boundaries of
the City including one public place within the Area of
Benefit.
SECTION 15. Majority Protest. If, within the time when
protests may be filed, there are written protests filed with the
City Clerk by the owners of more than one-half (1/2) of the area
of property that could be benefited by the Improvements and
sufficient protests are not withdrawn so as to reduce the area
represented to less than one-half (1/2) of that to be benefited,
then the proposed proceedings shall be abandoned and the City
Council shall not, from one year of the filing of the written
protest, commence or carry on any proceedings for the same
improvements under Section 66484 of the Government Code.
SECTION 16. Withdrawl of Protests. Any protest may be
withdrawn by the owner of property making the same, in writing, at
any time prior to the conclusion of the public hearing.
SECTION 17. Majority Protest: Portion of Improvements.
If any majority protest is directed against only a portion of the
Improvements, then all further proceedings to construct that
portion of the Improvements so protested against shall be barred
for a period of one year. but the City Council shall not be
barred from commencing new proceedings not including any part of
the Improvements so protested against. Nothing contained herein
shall prohibit the City Council within such one year period, from
commencing and carrying on new proceedings for the construction of
a portion of the Improvements so protested against,. if it finds,
by the affirmative vote of four fifths (4/5ths) of its members,
that the owners of more than one-half (1/2) of :the area of benefit
are in favor of going forward with such .portion of the
Improvements.
SECTION 18. Improvement Fund. A fund is hereby
established designated
Improvement Fund
Area of Benefit No. 89-1
(the "Improvement Fund").
SECTION 19. Deposit of Fees. The fees paid pursuant to
this Resolution shall be deposited in the Improvement Fund.
SECTION 20. Expenditure of Monies. Monies in the
Improvement Fund shall be expended solely for the construction or
reimbursement for construction of the Improvements serving the
Area of Benefit or to reimburse the City for the cost of
constructing the Improvements.
SECTION 21. Advance of Money. In its sole discretion, the
City Council may advance money from its general fund or any other
road fund to pay the costs of constructing the Improvements and
may reimburse the general fund or road fund for such advances from
fees deposited in the Improvement Fund.
SECTION 22. Indebtedness. In its sole discretion, the
City Council may incur an interest bearing indebtedness for the
construction of Improvements; provided that the sole security for
re a ent for each _rdc~tcw :ca- _~_, , ,__ _ ~ • __ ~ __. _ _
p ym a u11G111 AJC 111V111C0 111 V11C L1llYJLUV C1llC 111.
Fund.
SECTION 23. Agreement for Reimbursement. If the proposed
Improvements are installed by any owner of property within the
Area of Benefit, the City shall enter into an agreement with such
property owner to reimburse the property owner, pursuant to
Section 66486 of the Government Code.
SECTION 24. Tax Exempt Securities. In order to finance
such fees, any owner of property within the area of benefit may
petition the City to undertake proceedings, pursuant to the
Municipal Improvement Act of 1913, being Division 12 of the
Streets and Highways Code, or the Mello-Roos Community Facilities
', Act of 1982, being Section 53311, et sea. of the Government Code.
The City may undertake such proceedings upon such terms and
conditions as the City deems appropriate.
PASSED, APPROVED AND ADOPTED this 14th day of
fdovemf~er lggg,
UPON THE FOLLOWING VOTE:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
CITY OF
APPROVED
ELSINORE
'.?'O FORM AND LEGALITY:
BUCK, DUMINCUEZ, STAR KEY, IJA.SfIBURN, 4!IP;KLER
NONE
NONE
~ vluv n. 11[al~r
CITY OF LAKE
CITY OF LAKE ELSINORE
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Exhibit A
City of Lake Elsinore
Railroad Canyon Road
Benefit Reimbursement District
Estimated Costs and Proposed Zonal Fees
I. Improvement Costs
1. Grading $ 3,741,000.00
2. Drainage 423,000.00
3. Surface Improvements 3,984,000.00
4. I-15 Upgrade 511,000.00
Sub-total $ 8,659,000.00
II. General Benefit Costs
1. Right of Way $ 305,000.00
2. Utility Relocation 400,000.00
3. Detour Construction 1,000,000.00
4. Riparian Area Revegetation 122,000.00
Sub-total $ 1,827,000.00
III. Engineering
1. Preliminary $ 75,000.00
2. Design 495,000.00
3. Soils (Prelim. & Construction) 124,000.00
4. Construction Surveys $ 396,000.00
Sub-total $ 1,090,000.00
IV. City Costs
1. Construction Inspection $ 148,000.00
2. Engineering
a. Administration 60,000.00
b. Consulting 15,000.00
3. Legal
a. City Attorney 5,000.00
b. Special Attorney 15,000.00
c. Miscellaneous 2,000.00
4. Administration 40,000.00
Sub-total $ 285,000.00
~~
Exhibit A
City of Lake Elsinore
Railroad Canyon Road
Benefit Reimbursement District
Estimated Costs and Proposed Zonal Fees
Total Costs
I. Improvements
II. General Benefit
III. Engineering
IV. City Costs
Sub-total
Contingencies
Grand Total
$ 8,659,000.00
1,827,000.00
1,090,000.00
285,000.00
$ 11,861,000.00.
1,825,900.00
$ 13,686,900.00
~,/
Exhibit B
City of Lake Elsinore
Railroad Canyon Road
Benefit Reimbursement District
Estimated Costs and Proposed Zonal Fees
Final Spread of Benefits Received
Many different methods of benefits received costs were proposed
by the City staff, the developers, and the project engineer for
the developer.
Several discussion meetings were held, and certain letter and
verbal agreements were concluded and a final report was
circulated in May, 1989, subject to receipt of final costs.
Final estimated costs are delineated .herein at $13,686,900.00,
and based on the above mentioned letters and verbal agreements of
benefits received, the final total costs for each area delineated
(Exhibit A) would be as follows:
Area Nomenclature Cost/$ Cost Per Aere t
1A-1 Homestead 32,850.00 100.00 ±
lA-2 Future 82,122.00 685.00 ±
lA-3 Homestead 164,242.00 2488.00 ±
1B Homestead 624,122.00 1085.00 ±
2A Friedman 1,370,058.00 2686.00 ±
2B Friedman 135,501.00 2710.00 ±
2C Future 68,434.00 430.00 f
3 Pardee 9,991,437.00 5046.00 f
3A Future 13,687.00 60.00 f
3B Future 506,415.00 4220.00 ±
4A Future 82,122.00 1026.00 ±
4B Future 273,738.00 1710.00 f,
5 Future 68,434.00 950.00 ±
6 Future 273,738.00 516.00 f
TOTAL $ 13,686,900.00
Some areas have both single family units,
and commercial areas. In addition,
conducive to the same yield per. acre for
per acre shown is for reference only, and
benefitted area is the ultimate amount
reimbursed.
apartment house units,
the topography is not
development. The cost
the total cost for each
to be collected and
~_s
Exhibit C
City of Lake Elsinore
Railroad Canyon Road
Benefit Reimbursement District
Boundary Legal
That portion of Sections 33 and 34 of Township 5 South, Range
4 West, and Sections 2, 3, 4, 9, 10, 11, 12 and 13 of Township 6
South, Range 4 West, Section 7, 8 and 18 of Township 6 South, Range 3
West, being more particularly described as follows:
Beginning at the northeast corner of said Section 34, Township 5
South, Range 4 West; Thence S 89 39' 18" W along the north line
of said Section 34, a distance of 5316.29 feet more or less to
the northwest corner of said Section 34, being also the northeast
corner of said Section 33;
Thence S 0 08" 01" W, along the west line of said Section 33,
a distance of 2648.82 feet;
Thence S 89 35' 31" W, a distance of 1320.60 feet;
Thence S 0 04' O1" W, a distance of 1322.10 feet;
Thence S 89 46' 20" W, a distance of 1320.66 feet;
Thence S 0 04' O1" W, a distance of 1322.10 feet more or less to
an intersection with the south line of said Section 33, said south
line being also the north line of said Section 4, Township 6 South,
Range 4 west;
Thence S 0 34' 46" W a distance of 2247.65 feet;
Thence S 89 32' 55" W a distance of 1320.51 feet;
Thence S O1 18" 38" W a distance of 2624.48 feet more or less to
an intersection with the south line of said Section 4; thence N
89 08" 17" W along said south line a distance of 1313.48 feet
more or less to the southwest corner of said Section 4 being also
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~~
the northwest corner of said Section 9 of Township 6 South, Range
4 west; thence S 0 02' 25" W along the west line of said Section
9, a distance of ?64.68 feet more or less to an intersection with
the northerly right of way line of the Caltrans State Highway I-
15 (Corona Freeway);
Thence southeasterly along the north line of the I-15 (Corona
Freeway) per .Caltrans State Highway monumentation maps records
distance and bearings to an intersection with the east line of
said Section 9;
Thence S 0 32' 30" W along said east line a distance of 203.64
feet more or less to the southeast corner of said Section 9,
being also the southwest corner of said Section 10;
Thence S 89 47' 40" E along said south line of said Section 10,
a distance of 5290.56 feet more or less, to the southeast corner
of said Section 10, being also the southwest corner of said
Section 11;
Thence S 89 37' 50" E along the said south line of said Section
11, a distance of 5237.15 feet more or less to the southeast
corner of said Section 11, being also the northwest corner of
said, Section 13 of Township 6 South, Range 4 west;
Thence S 0 36' 14" E a distance of 2657.15 feet more or less to
the south line of Tract 2910 as recorded in Book 51, page 96 -
98 of Maps of the County of Riverside;.
Thence along said southerly line of said Tract 2910 to the most
easterly line of said Tract 2910, said easterly line also being
the east line of the west one quarter of said Section 13;
Thence S 0 36' 00" kd along said east line a distance of 240.00.
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~~
feet more or less to an intersection with the south line of tha
north one-half of said Section 13;
Thence N 89 37' 59" E along said south line a distance of
3965.00 feet more ,or less to an intersection with the east line
of said Section 13, said east line being also the west line of
Section 18, Township 6 South, Range 3 West;
Thence N 89 49" 30" E, along the south line of the north one-
half of said Section 18, a distance of 5262.30 feet more or less
to an intersection with the east line of said Section 18;
Thence N 0 31" 00" E a distance of 2646.20 feet more or less to
the northeast corner of said Section 18; said northeast corner
being the southeast corner of said Section 7 and the southwest
corner of said Section 8 of Township 6 South, Range 3 West;
Thence N 0 22" 50" W along the west line of said Section 8, a
distance of 2666.63 feet more or less to the south line of the
northwest one-quarter of said Section 8;
Thence 5 89 54' 17" E along said south line a distance of 661.37 feet
more or less to the east line of the west one-half of the southwest
one-quarter of the northwest one-quarter of said Section 8;
Thence N 0 21' 09" E along the said east line of said westerly one-
half a distance of 1335.11 feet more or less to the south line of
the northwest one-quarter of the northwest one-quarter of said
Section 8;
Thence N 89 59" 25" E a distance of 660.72 feet more or less along
the south line of said northwest one-quarter to the southeast
corner of the northwest one-quarter of the northwest one-quarter
C-3
~ /
Thence N 0 19" 35" E a distance of 1337.09 feet more or less along
the east line of said northwest one-quarter of the northwest one-
quarter of said Section 8, to an intersection with the north line
of said Section 8;
Thence S 89 45" 06" W a distance of 1320.25 feet more or less along
the said north line to the northwest corner of said Section 8,
being also the northeast corner of said Section 7;
Thence S 89 41" 21" W along the north line of said Section 7,
a distance of 5188.83 feet more or less to the northwest corner of
said Section 7, being also the northeast corner of Section 12,
Township 6 South, Range 4 West;
Thence N 89 53" 59" W along the north line of said Section 12, a
distance of 5298.26 feet more or less to the northwest corner of
said Section 12; said northwest corner being also the northeast"~
corner of said Section 11 of Township 6 South, Range 4 West,
being also the southeast corner of said Section 2, of Township 6
South, Range 4 West;
Thence N 89 16" 26" W along the south line of said Section 2, a
distance of 2647.76 feet more or less to a point on the south
line, described as the southeast corner of Parcel 14 of Parcel
Map No. 23910, recorded in Book of Parcel Maps No. 154/7-13;
Thence following the easterly and northerly line of Parcel 14
and Parcel 7, as shown on said Parcel Map, to an intersection
with the west line of said Section 2, said west line being also
the east line of said Section 3 said point of intersection lying
1096.52 feet north of the southeast corner of said Section 3;
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Thence N 00 14' 42" E, a distance of 226.59 feet;
Thence N 89 27' 18" W, a distance of 487.41 feet;
Thence N 0 08" 27" E, a distance of 1320.88 feet;
Thence N 88 42' 14" W, a distance of 2612.05 feet;
Thence N 0 17' 33" W, a distance of 2389.07 feet, to an
intersection with the north line of said Section 3, Township 6
South, Range 4 West, said north line being also the south line of
Section 34, Township 5 South, Range 4 West;
Thence N 89 57' 53" West, along said south line of said Section
34, a distance of 10 feet;
Thence N 0 Ol' 39" W, a distance of 1342.24 feet;
Thence N 89 29' 45" E, a distance of 1326.74 feet;
Thence N 0 22' 51" E, a distance of 1320.13 feet;
Thence N 0 09' 51" W, a distance of 1321.03 feet;
Thence N 89 26' 14" E, a distance of 1332.95 feet, more or less
to an intersection with the east line of said Section 34;
Thence N 0 19" 08" W along the east line of said Section 34, a
distance of 2630.05 feet more or less to the northeast corner of
said Section 34, Township 5 South, Range 4 West, said corner
being also the point of beginning.
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the foregoing Ordinance had its first reading
cn iv'Cv eYi~b cr lx, 1989, and 1'iad lta Second rcadiny on NUV e1QIJeY '14,
', 1989 and was passed by the following vote:
AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY,
WASHBURN, WINKLER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, Vicki Lynne 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. 870, of said Council, and that the
same has not been amended or repealed.
DATED: November 20, 1989
` ~ r
CITY~OF+LE ELSINORE
(SEAL)