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HomeMy WebLinkAboutOrd. Nos 2003-1089-1113 ORDINANCE NO. 1089 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Lake Elsinore, California, does ordain as follows: SECTION 1. That an amendment to the contract between the City Council of the City of Lake Elsinore and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of aid amendment being attached hereto, marked "Exhibit", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City Council is hereby authorized, empowered and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once in the Riverside Press Enterprise, a newspaper of general circulation published and circulated in the City of Lake Elsinore and thenceforth and thereafter the same shall be in full force and effect. INTRODUCED AND APPROVED UPON FIRST READING this 14th day of January, 2003, upon the following roll call vote: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE AYES: COUNCILMEMBERS: PAGE TWO - ORDINANCE NO. 1089 - ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11 th day of February , 2003, upon the following roll call vote: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, i~BRINLEY NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ATTEST: ABSTAIN: 21tl Y~J VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR B LEIBOLD, CITY ATTORNEY - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 14th day of January, 2003; and approved upon second reading by title only on the 11th day of February, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, BRINLEY KELLEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: nrSTAI) .. COUNCILMEMBERS: /JuQ~ l;wJ \riCK! KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1089 of said Council, and that the same has not been amended or repealed. DA. (E. D: ~ebruary 18,2003 () 't I "} .. ~)l<l{:~(AJ e:jL<k/'--~ VIcKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING AMENDMENT NO. 1 TO SPECIFIC PLAN NO. 92-4, WHICH AMENDS CERT AlN SECTIONS OF THE LA LAGUNA ESTATES SPECIFIC PLAN BY CHANGING LAND USES AND MAKING REFINEMENTS, CLARIFICATIONS, AND UPDATES. THE LA LAGUNA SPECIFIC PLAN COVERS AN AREA WHICH INCLUDES PARCELS DESCRIBED AS APN 391-260-040, -047, -050, AND -051. WHEREAS, K Hovnanian Forecast Homes has initiated proceedings to amend the La Laguna Specific Plan by proposing modifications to eliminate single-family attached dwellings and replace them with detached single-family dwellings, modifying development standards, revising phasing of development, re-aligning a proposed multi-purpose trail, and providing refinements, clarifications, and updates to the Specific Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on February 4, 2003 made its report upon the desirability of the proposed project and made its recommendations in favor of said Amendment No. 1 to SP No. 92-4 by adopting Planning Commission Resolution No. 2003-02 recommending to the City Council approval of Specific Plan No. 92-4, Amendment No.1; 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 February 25,2003; 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 Specific Plan No. 92-4, Amendment No. I, prior to making a decision to approve the proposed amendment to the La Laguna Specific Plan. The City Council finds and determines that Amendment No. 1 to the La Laguna Estates Specific Plan does not propose substantial changes to the Plan that would cause significant environmental effects. The proposed replacement of product is actually a deintensification of land use, resulting in less impact to the environment. No new significant environmental effects, nor an increase in the severity of previously identified significant effects, are anticipated. No new information of substantial importance has come forward with respect to significant effects or alternative mitigation measures that have not been incorporated into Amendment No. 1. The Mitigation Monitoring Program already applicable to the project site has been updated to include current federal, state and City guidelines and requirements. ORDINANCE NO. 1090 - PAGE NO.2 Therefore, the City Council has determined that no further environmental documentation for Amendment No.1 to the La Laguna Estates Specific Plan beyond the certified EIR for the Plan is necessary, pursuant to Section 15162 -Subsequent EIRs and Negative Declarations, of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Specific Plan No. 92-4, Amendment No. 1 have been made as follows: 1). The proposed Amendment No.1 to the La Laguna Estates Specific Plan No. 92-4 will not be: a) detrimental to the health, safety, comfort or general welfare of 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. 2). The proposed Amendment No.1 to the La Laguna Estates Specific Plan No. 92-4 will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. 3). The proposed Amendment No.1 to the La Laguna Estates Specific Plan No. 92-4 would establish a land use density and usage more in character with the subject property's location, access and constraints. 4). The proposed Amendment No.1 to the La Laguna Estates Specific Plan No. 92-4 will not have a significant effect on the environment. SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 25th day of February, 2003, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE - ORDINANCE NO. 1090 PAGE NO.2 ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day of March, 2003, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBE APPROVED AS TO FORM? /1 / I,' ,/ ~~ n (SEAL) - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 25th day of February, 2003; and approved upon second reading by title only on the 11th day of March, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, BRINLEY KELLEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ~~ST~' fOUNCILMEMBERS: O~~ L/~:x/J \ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1090 of said Council, and that the same has not been amended or repealed. D TED: March 13, 2003 VI~J~Jy CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1091 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING, AMENDING AND DELETING DESIGNATED SECTIONS OF CHAPTER 1.20 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ADMINISTRATIVE CITATION PROCEDURES THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Sections 1.20.010 and 1.20.020 of Chapter 1.20 are hereby deleted and that the following Sections 1.20.010, 1.20.015, 1.20.020, 1.20.025 and 1.20.028 are hereby added to Chapter 1.20 as follows: 1.20.010 Applicability. A. This chapter provides for administrative citations which are in addition to all other legal remedies. B. Use of this chapter shall be at the sole discretion of the City. 1.20.015 Enforcement Officer. For purposes of this chapter, "enforcement officer" shall mean any City employee or agent of the City with the authority to enforce any provision of this code. 1.20.020 Administrative Citation. A. It shall be unlawful for any person to violate any ordinance of the City. Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation. B. Each administrative citation shall contain the following information: 1. The date ofthe violation or, ifthe date ofthe violation is unknown, then the date the violation is identified; 2. The address or a description of the location where the violation occurred; 3. The section of the Lake Elsinore Municipal Code violated and a brief description of the violation; 4. The amount of the fine for the code violation; 5. A description ofthe fine payment process, including a description ofthe time within which and the place to which the fine shall be paid; 6. A description ofthe administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and 7. The name and signature of the citing enforcement officer. 1 1.20.025 Amount of fines. - A. The amounts ofthe fines for code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the City Council. B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person within twelve months from the date of an administrative citation. C. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date. 1.20.028 Payment of the fine. A. The fine shall be paid to the City within thirty days from the date ofthe administrative citation, unless a later date is approved by the City Manager due to extenuating circumstances as may be determined by the City Manager. B. Any administrative citation fine paid pursuant to Section 1.20.028, subsection A. shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation. C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. SECTION 2: SEVERABILITY If any provision, clause, sentence or paragraph of this ordinance or the application thereofto any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3: NOTICE OF ADOPTION The City Clerk shall certify as to adoption ofthe Ordinance and cause this Ordinance to be published and posted in the manner required by law. 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 ofthe Ordinance and cause this Ordinance to be published and posted in the manner required by law. 2 - PASSED, UPON FIRST READING this 11 tkdayof March ,2003, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this ~ day of March following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATGST: 2 .~t )t~ Vicki Kasad, City Clerk , 2003, by the BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NONE BR~rNiE NONE .~~ tt/~ Pamela Brinley, ayar 3 - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 11 th day of March, 2003; and approved upon second reading by title only on the 25th day of March, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER KELLEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: [~u COUNCILMEMBERS: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE BRINLEY NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1091 of said Council, and that the same has not been amended or repealed. ~APril 22,2003 VICKI ~~ CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1092 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH COMO AT TUSCANY HILL CORPORATION WHEREAS, California Government Code Sections 65864 through 68569.5 authorizes municipalities to enter into development agreements with persons having a legal or equitable interest in real property in order to strengthen the public planning process, provide greater certainty in the development process and reduce the economic costs of development; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements as set forth in Chapter 19.12 of the Lake Elsinore Municipal Code; and WHEREAS, the City has received an application from Como at Tuscany Hill Corporation to consider a development agreement and proceedings have been taken in accordance with the City's rules and regulations; WHEREAS, following a duly noticed public hearing on April 7, 2003, the Planning Commission of the City of Lake Elsinore approved Resolution PC No. 2003-18 making certain findings and recommending approval of the proposed Development Agreement by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council held a duly noticed public hearing on the Development Agreement on April 8, 2003 and based on the information presented, the City Council makes the following findings in accordance with Section 19.12.080 of the Lake Elsinore Municipal Code: a. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Tuscany Hills Specific Plan. b. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the single-family regulation in the Tuscany Hills Specific Plan in which the real property is located. c. The Development Agreement is in conformity with public convenience, general welfare and good land use practices. d. The Development Agreement will not be detrimental to the health, safety and general welfare of the community. e. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. f. The Development Agreement is consistent with the provisions of Government Code Section 65864-65869.5 1 Section 2. CEQA. The City has properly reviewed and assessed the Development Agreement pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA") and finds that the environmental documentation prepared and adopted/approved for the Tuscany Hills Specific Plan (and amendments thereto) pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA") adequately address all potential environmental impacts and that there are no substantial changes to the Property or the circumstances under which the Property is to be regulated and developed under the Development Agreement when viewed against the Specific Plan ErR, nor any new information of substantial importance which would require preparation of another CEQA document, including an EIR, pursuant to CEQA Guidelines Section 15162. Any Future Approvals as defined in the Development Agreement will be evaluated in accordance with CEQA. Section 3. Approval of Development Agreement. The City Council hereby approves the Development Agreement between the City of Lake Elsinore and Como at Tuscany Hill Corporation, attached hereto as Exhibit A and incorporated herein by reference. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Development Agreement on behalf of the City of Lake Elsinore. Section 4. Recordation. The City Clerk is directed to transmit the Development Agreement to the County Recorder for recordation no later than ten (10) days after the adoption of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effective thirty (30) days from and after the date of its passage. Section 6. Posting and Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED UPON FIRST READING this ~ day of April , 2003, upon the following vote: AYES: Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: NONE 2 PASSED, APPROVED AND ADOPTED this 15th day of Apri 1 , 2003, upon the following vote: AYES: NOES: ABSENT: ABSTAIN: ?J:ST: :fl. U VicKi Kasad, City Clerk City of Lake Elsinore Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NONE Councilmembers: Councilmembers: 3 ORDINANCE NO. 1093 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH URBAN PACIFIC BUILDERS, LLC WHEREAS, California Government Code Sections 65864 through 68569.5 authorizes municipalities to enter into development agreements with persons having a legal or equitable interest in real property in order to strengthen the public planning process, provide greater certainty in the development process and reduce the economic costs of development; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements as set forth in Chapter 19.12 of the Lake Elsinore Municipal Code; and WHEREAS, the City has received an application from Urban Pacific Builders, LLC to consider a development agreement and proceedings have been taken in accordance with the City's rules and regulations; WHEREAS, following a duly noticed public hearing on April 1, 2003, the Planning Commission of the City of Lake Elsinore approved Resolution PC No. 2003-17 making certain findings and recommending approval of the proposed Development Agreement by the City Council. - NOW, THEREF9RE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findin~s. The City Council held a duly noticed public hearing on the Development Agreement on April 8, 2003 and based on the information presented, the City Council makes the following findings in accordance with Section 19.12.080 of the Lake Elsinore Municipal Code: a. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the East Lake Specific Plan. b. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the single-family regulation in the East Lake Specific Plan in which the real property is located. c. The Development Agreement is in conformity with public convenience, general welfare and good land use practices. - d. The Development Agreement will not be detrimental to the health, safety and general welfare of the community. e. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. f. The Development Agreement is consistent with the provisions of Government Code Section 65864-65869.5 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 8th day of April, 2003; and approved upon second reading by title only on the 15th day of April, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, BRINLEY KELLEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - I i:J.LMEMBERS: CKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1092 of said Council, and that the same has not been amended or repealed. ED: Apri122, 2003 C~I~S~ERK CITY OF LAKE ELSINORE (SEAL) _ Section 2. CEQA. The City has properly reviewed and assessed the Development Agreement pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq .), the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA") and finds that the environmental documentation prepared and adopted/approved for the East Lake Specific Plan (and amendments thereto) pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA") adequately address the potential environmental impacts and that there are no substantial changes to the Property or the circumstances under which the Property is to be regulated and developed under the Development Agreement when viewed against the Specific Plan EIR and subsequent environmental documents, nor any new information of substantial importance which would require preparation of another CEQA document, including an EIR, pursuant to CEQA Guidelines Section 15162. Any Future Approvals as defined in the Development Agreement will be evaluated in accordance with CEQA. Section 3. Approval of Development Agreement. The City Council hereby approves the Development Agreement between the City of Lake Elsinore and Urban Pacific Builders, LLC, attached hereto as Exhibit A and incorporated herein by reference. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Development Agreement on behalf of the City of Lake Elsinore. Section 4. Recordation. The City Clerk is directed to transmit the Development Agreement to the County Recorder for recordation no later than ten (10) days after the adoption of this Ordinance. - Section 5. Effective Date. This Ordinance shall be in full force and effective thirty (30) days from and after the date of its passage. Section 6. Postin2; and Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED UPON FIRST READING this 8~ day of April , 2003, upon the following vote: AYES: Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: NONE 2 PASSED, APPROVED AND ADOPTED this 15th day of April the following vote: AYES: NOES: ABSENT: ABSTAIN: i!~~1d City of Lake Elsinore , 2003, upon Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NONE Councilmembers: CounCilmembers: ALITY: - - 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 8th day of April, 2003; and approved upon second reading by title only on the 15th day of April, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, BRINLEY KELLEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: 2fSTAIN: CILMEMBERS: VIC~A , CITY CL RK CITY OF LAKE ELSINORE NONE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1093 of said Council, and that the same has not been amended or repealed. 2[: A~rilL VI~D' CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH DEH, LLC WHEREAS, California Government Code Sections 65864 through 68569.5 authorizes municipalities to enter into development agreements with persons having a legal or equitable interest in real property in order to strengthen the public planning process, provide greater certainty in the development process and reduce the economic costs of development; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements as set forth in Chapter 19.12 of the Lake Elsinore Municipal Code; and WHEREAS, the City has received an application from DEB, LLC to consider a development agreement and proceedings have been taken in accordance with the City's rules and regulations; WHEREAS, following a duly noticed public hearing on April 1, 2003, the Planning Commission of the City of Lake Elsinore approved Resolution PC No. 2003-16 making certain findings and recommending approval of the proposed Development Agreement by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findin~s. The City Council held a duly noticed public hearing on the Development Agreement on April 8, 2003 and based on the information presented, the City Council makes the following findings in accordance with Section 19.12.080 ofthe Lake Elsinore Municipal Code: a. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. b. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for in the C-2 General Commercial zone in which the real property is located. c. The Development Agreement is in conformity with public convenience, general welfare and good land use practices. d. The Development Agreement will not be detrimental to the health, safety and general welfare of the community. e. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. f. The Development Agreement is consistent with the provisions of Government Code Section 65864-65869.5 1 Section 2. CEQA. The City has properly reviewed and assessed the Development Agreement pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq .), the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA") and finds that the Mitigated Negative Declaration and Mitigation Monitoring Program ("MND") approved in accordance with the requirements of CEQA in connection with the annexation of the Property to the City (Annexation No. 64) and designating it as General Commercial under the City's General Plan (General Plan Amendment No. 92-2) and Zoning Code (Zone Change No. 92-5) address all potential environmental impacts and that there are no substantial changes to the Property or the circumstances under which the Property is to be regulated and developed under the Development Agreement when viewed against the MND, nor any new information of substantial importance which would require preparation of another CEQA document, including an EIR, pursuant to CEQA Guidelines Section 15162. Any Future Approvals as defined in the Development Agreement will be evaluated in accordance with CEQA. Section 3. Approval of Development Agreement. The City Council hereby approves the Development Agreement between the City of Lake Elsinore and DEH, LLC, attached hereto as Exhibit A and incorporated herein by reference. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Development Agreement on behalf of the City of Lake Elsinore. Section 4. Recordation. The City Clerk is directed to transmit the Development _ Agreement to the County Recorder for recordation no later than ten (10) days after the adoption of this Ordinance. - Section 5. Effective Date. This Ordinance shall be in full force and effective thirty (30) days from and after the date of its passage. Section 6. Posting and Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED UPON FIRST READING this ~ day of April , 2003, upon the following vote: AYES: Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: NONE 2 PASSED, APPROVED AND ADOPTED this 15th day of April the following vote: - AYES: NOES: ABSENT: ABSTAIN: 8:Q~ b Vicki Kasad, City Clerk City of Lake Elsinore , 2003, upon Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NONE Councilmembers: Councilmembers: - 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 8th day of April, 2003; and approved upon second reading by title only on the 15th day of April, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, BRINLEY KELLEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ztST~N: CILMEMBERS VI~A T CLERK CITY OF LAKE ELSINORE NONE NONE (SEAL) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1094 of said Council, and that the same has not been amended or repealed. (SEAL) ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NO. 1024 AND PROVIDING FOR THE TERMINATION OF THE DEVELOPMENT AGREEMENT WITH FIRST FINANCIAL GROUP, INC. WHEREAS, on January 28, 1997, the City of Lake Elsinore, California (the "City") adopted Ordinance No. 1024, appt'Qving a Development Agreement with First Financial Group, Inc.(the "Development Agreement") which Development Agreement was recorded in the official records of Riverside County, California on March 27, 1997 as Instrument Number 102326; WHEREAS, the Development Agreement was entered into in connection with the settlement of certain litigation among the City, the Redevelopment Agency of the City of Lake Elsinore (the "Agency"), First Financial Group ("FFG") and other parties pursuant to which FFG acquired an equitable interest in approximately 80 acres of Agency-owned r:ear:pr.op~rt:Y bordered generally on the north by Malaga Road, on the east by Mission Trail Road, on the south by Village Drive and by the Diamond Drive extension on the west (the "Property"); WHEREAS, the Development Agreement established certain rights and obligations of FFG and the City concerning the development on the Property of a single family residential development consisting of no less than four hundred (400) single family residential units on a variety of lot sizes suitable for the development of a variety of product types, depending on market conditions and associated on-site and off-site improvements (the "Project"); WHEREAS, in December, 2001, the Agency, FFG and related parties entered into a Settlement Agreement (the "Settlement Agreement") which provided among other things 1) the termination of FFG's equitable interest in the Property; 2) the assignment of the Development Agreement to the Agency; and 3) the release of the City and the Agency from any and all obligations, claims and/or liability to FFG and/or related parties under the Development Agreement and related documents; WHEREAS, as a result of the Settlement Agreement, the Agency became the successor- in-interest to FFG's rights and obligations under the Development Agreement; WHEREAS, the Agency does not desire to develop the Property in accordance the Development Agreement, the Agency has consented to the termination of the Development Agreement; WHEREAS, Government Code Section 65867.5 states that a development agreement is a legislative act, and accordingly, shall be terminated by adoption of an ordinance; and WHEREAS, following a duly noticed public hearing on April 1, 2003, the Planning Commission of the City of Lake Elsinore adopted Resolution PC No. 2005-15 recommending termination of the Development Agreement; and Ordinance Terminating FFG Devlpmt Agt ..... - WHEREAS, the City Council has properly noticed'a public hearing for April 8, 2003 to consider the matter. ' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: TERMINATION 1. The foregoing recitals are true and correct; 2. The City of Lake ElsiR()re hereby repealsOrdinance~.J024, adopted on January 28, 1997, approving the Developme~tAgreement with First FinaIJ.cial Group, Inc.; and 3. The-City of ~ake Elsinore hereby terminates that certain Development Agreement dated February 28, 1997, between the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore, as successor-in-interest to First Financial Group, Inc. SECTION 2: 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 3: 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 8th day of April ,2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - Ordinance Tenninating ffG Devlpmt Agt 2 - PASSED, APPROVED AND ADOPTED this ~ day of - '. Apr; 1 ,2003, by the . -. following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCIL , Mayor ---- "'..... ---- ~-~'--~.,~'-"- k APPROVED AS TO FORM: 1J - Ordinance Terminating FFG Devlpmt Agt 3 - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 8th day of April, 2003; and approved upon second reading by title only on the 15th day of April, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, BRINLEY KELLEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE BSTAIN: COUNCILMEMBERS: C~UERK CITY OF LAKE ELSINORE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1095 of said Council, and that the same has not been amended or repealed. (SEAL) ORDINANCE NO. 1096 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AUTHORIZING P ARTICIP A TION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ADDING CHAPTER 16.83 TO THE LAKE ELSINORE MUNICIPAL CODE The City Council of the City of Lake Elsi~ore ordains as follows: Section 1: Title This Ordinance shall be known as the "Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance" and shall be added as Chapter 16.83 of the Lake Elsinore Municipal Code. Section 2: Findings A. The City Council has been informed and advised, and hereby finds, that future development within Western Riverside County and the cities therein will result in traffic volumes exceeding the capacity of the Regional System of Highways and Arterials (the "Regional System") as it presently exists. A map depicting the boundaries of Western Riverside County and the system is attached hereto as Exhibit "A" and made a part hereof. B. The City Council has been further informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable levels of service throughout Western Riverside County by 2025. C. The City Council has been further informed and advised, and hereby finds, that funds will be inadequate to construct the Regional System needed to avoid the unacceptable levels of traffic congestion and related adverse impacts. Absent a Transportation Uniform Mitigation Fee (TUMF), existing and known future funding sources will be inadequate to provide the necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion within and around Western Riverside County. D. The City is a Member Agency of the Western Riverside Council of Governments (WRCOG), a joint powers agency consisting of the County of Riverside, and the fourteen other cities situated in Western Riverside County. Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in funds needed to expand the capacity of the Regional System could be made up in part by a Transportation Uniform Mitigation Fee on future residential and non-residential development. As a Member Agency of WRCOG, the City participated in the preparation of that certain "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study", dated October 18, 2002, prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act (the "Nexus Study"). - E. The City Council has reviewed the Nexus Study, and hereby finds that future development within the County and Cities will substantially adversely affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the System will operate at unacceptable levels of service. F. The City Council hereby finds and determines that the failure to mitigate growing _ traffic impacts on the Regional System within Western Riverside County w.ill substa~~ially impair the ability of public safety services (police and fire) to respond. The faIlure to mItigate impacts on the Regional System will adversely affect the public health, safety and welfare. G. The City Council further finds and determines that there is a reasona?le and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non- residential users of the development projects on which the TUMF will be levied. H. The City Council further finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional System. Such development will benefit from the Regional System improvements and the burden of such development will be mitigated in part by the payment of the TUMF. I. The City Council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development. J. The fees collected pursuant to this Ordinance shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements. K. By notice duly given and published, the City Council set the time and place for a public hearing on the Nexus Study and the fee proposed hereunder, and at least ten days prior to the hearing, the County and the City made the Nexus Study available to the public. L. At the time and place set for the hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. M. The City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System. N. The City Council hereby adopts the Nexus Study and incorporates it herein as though set forth in full. Section 3: Definitions For the purpose of this Ordinance, the following words, terms and phrases shall have the following meanings: A. "Development Project" or "Project" means any project undertaken for the purpose of development including the issuance of a permit for construction. B. "Gross Acre" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights of way and property lines. C. "Industrial Project" means any development project, which proposes any industrial or manufacturing use allowed in the following zoning classifications: CM, M-l and M-2 or an industrial manufacturing use listed in a specific plan. D. "Low Income Residential Housing" means residential units in publicly subsidized projects constructed as housing for low-income households as such households are defined pursuant to section 50079.5 of the Health and Safety Code. "Publicly subsidized projects," as the term is used herein, shall not include any project or project applicant receiving a tax credit provided by the State of California Franchise Tax Board. E. "Multi Family Residential Unit" means a development project that has a density of greater than eight (8) residential dwelling units per gross acre. F. "Non-Residential Project" means a retail commercial, service commercial and industrial development which is designed primarily for non-dwelling use, but shall include hotels and motels. G. "Residential Dwelling Unit" means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single-family and multi-family dwellings. "Residential Dwelling Unit" shall not include hotels or motels. H. "Retail Commercial Project" means any development project, which proposes any commercial use not defined as a service commercial project, allowed in the following zoning classifications: C-P, C-I, C-2, CM, R or a commercial or recreational use listed in a specific plan. I. "Service Commercial Project" means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal and medical offices. J. "Single Family Residential Unit" means each residential dwelling unit in a development that has a density of 8 units to the gross acre or less. Section 4: Establishment of the Transportation Uniform Mitigation Fee A. Adoption. Subject to the exemptions set forth in Section 4F and the phase-in periods set forth in Section 6.b. hereof, there is hereby adopted the following schedule of fees: $6650 per Single Family Residential Unit $4607 per Multi Family Residential Unit $1.45 per square foot of an Industrial Project $7.81 per square foot of a Retail Commercial Project $4.84 per square foot of a Service Commercial Project B. Fee Calculation. 1. For non-residential projects, the fee rate utilized shall be based upon the predominate use of the building or structure identified in the building permit as further specified in the TUMF Administration Plan. 11. For non-residential projects, the fee shall be calculated on the total square footage of the building or structure identified in the building permit and as further specified in the TUMF Administration Plan. C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to this Ordinance, the fees may be increased or decreased to reflect changes in actual and estimated costs of the Regional System including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to construct the Regional System. WRCOG shall review the TUMF program within two (2) years ofthe effective date ofthis Ordinance and no less than every five (5) years thereafter. D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System as depicted on Exhibit A and identified in the Nexus Study. E. Applicability. The TUMF shall apply to all new development within the City unless otherwise exempt hereunder. F. Exemptions. The following new development shall be exempt from the TUMF: 1. Low income residential housing. 11. Government/public buildings, public schools and public facilities. 111. The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing dwelling unit. IV. The rehabilitation and/or reconstruction of any non-residential structure where there is no net increase in square footage. Any increase in square footage shall pay the current applicable rate. v. Development Projects which are the subject of a Development Agreement entered into pursuant to Government Code, Section 65864 et seq. prior to the effective date of this ordinance, if new fees are expressly prohibited, provided, however that, if the term of such a Development Agreement is extended after the effective date of this Ordinance, the TUMF shall be imposed. VI. The sanctuary building of a church or other house of worship, eligible for a property tax exemption. V11. Residential projects that have been issued a building permit prior to June 1,2003. V111. Non-Residential projects that have been issued a building permit prior to June 30, 2004. G. Credits. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administration Plan and the following: Regional Tier 1. Arterial Credits: If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for the all costs associated with the arterial component based on approved unit cost assumptions for the Regional System. n. Other Credits: In special circumstances, when a developer constructs off- site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the local jurisdiction in consultation with the developer. nl. The amount of the development fee credit shall not exceed the maximum amount determined by the most current unit cost assumptions for the Regional System or actual costs, whichever is less. Local Tier 1. The local jurisdictions shall compare facilities in local fee programs against the Regional System and eliminate any overlap in its local fee program except where there is a recognized benefit district established. n. If there is a recognized benefit district established, the local agency may credit that portion of the facility identified in both programs against the TUMF. Section 5: Reimbursements Should the developer construct network improvements in excess of the TUMF fee obligation the developer may be reimbursed based on actual costs or the approved unit cost assumptions, whichever is less at the time of the agreement. Reimbursements shall be enacted through a three party agreement including the developer, WRCOG and the local jurisdiction, contingent on funds being available. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year Capital Improvement Program adopted annually by WRCOG. Section 6: Procedures for the Levy, Collection and Disposition of Fees A. Authority of the Community Development Department. The Director of Community Development, or his/her designee, is hereby authorized to levy and collect the TUMF and make all determinations required by this Ordinance. B. Payment of the fees shall be as follows: 1. The fees shall be paid at the time a certificate of occupancy is issued for the Development Project or upon fmal inspection, whichever occurs first. However, this section should not be construed to prevent payment of the Fees prior to issuance of an occupancy permit or fmal inspection. Fees may be paid at the time application is made for a building permit. n. For non-residential projects the fees shall be phased in as follows: From the effective date of this Ordinance to July 1, 2004, non-residential projects shall be exempt from fees hereunder pursuant to Section 4.F From July 1,2004 to June 30, 2005, the fee schedule shall be: - $0.48 per square foot of an Industrial Project $2.60 per square foot of a Retail Commercial Project $1.61 per square foot of a Service Commercial Project From July 1, 2005 to June 30, 2006, the fee schedule shall be: $0.96 per square foot of an Industrial Project $5.20 per square foot of a Retail Commercial Project $3.23 per square foot of a Service Commercial Project After July 1,2006, the fee schedule shall be as set forth in Section 4.A. hereof, or such fee schedule as may be in effect due to amendment of Section 4.A. in accordance with Section 4.C. hereof. 111. The fees required to be paid shall be the fee amounts in effect at the time of payment. IV. If all or part of any development project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee, accordingly, the fees shall run with the land. v. Fees shall not be waived. C. Disposition of Fees. All fees collected hereunder, that are required to be transferred, shall be transmitted to the Executive Director of WRCOG within thirty days for deposit, investment, accounting and expenditure in accordance with the provisions of this Ordinance and the Mitigation Fee Act. D. Appeals. Appeals shall be filed with WRCOG in accordance with the provisions of the TUMF Administration Plan. Appealable issues shall be application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemptions. E. Reports to WRCOG. The Director of Community Development, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section 8 of this ordinance. Section 7: Effect of Legal Actions on Non-Residential Projects. If a legal action, or referendum is filed prior to the effective date of this Ordinance or during the phase in period of the fee program, and the legal action seeks to set aside, void or annul the City's approval of a non-residential project, the phasing schedule set forth in Section 6 shall be stayed. The stay shall only remain in effect for a period of 18 months from the time the legal action was filed, or until a final, non-appealable order is issued by the court or a settlement agreement is executed, whichever occurs first. Once the stay is no longer in effect, the period remaining in the phasing schedule shall again commence to run. Section 8: Appointment of TUMF Fund Administrator WRCOG is hereby appointed as the Administrator of the Transportation Uniform - Mitigation Fee Program. WRCOG is hereby authorized to receive all fees generated from the TUMF within the County, and to invest, account for and expend such fees in accordance with the provisions of this Ordinance and the Mitigation Fee Act. Detailed administrative procedures concerning the implementation of this ordinance shall be set forth in a resolution adopted by WRCOG. WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed one percent (1 %) of the annual net amount of revenue raised by the TUMF. Section 9: Severability If anyone or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. Section 10: Effective Date This Ordinance shall take effect 30 days after the date of adoption. PASSED UPON FIRST READING this ~ day of April , 2003, upon the following vote: AYES: Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: NONE PASSED, APPROVED AND ADOPTED this 22nd day of April the following vote: , 2003, upon AYES: NOES: ABSENT: ABSTAIN: Councilmembers: BUCKLEY, KELLEY, SCHIFFNER, BRINLEY Councilmembers: NONE Councilmernbers: ./" - ATTEST: ~~~rk City of Lake Elsinore '-- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I VICKI KASAD CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY , , CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 8th day of April, 2003; and approved upon second reading by title only on the 220d day of April, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN 0AINUOUNCILMEMBERS: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. l096 of said Council, and that the same has not been amended or repealed. ;z)~J2:J VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE ORDINANCE NO. 1097 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING AMENDMENT NO. 1 TO THE CANYON HILLS SPECIFIC PLAN, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREA.S, Pardee Homes has submitted applications for the Canyon Hills Specific Plan Amendment No.1 (SPA No.1). The approximate 1,970-acre Canyon Hills Specific Plan area is located within the eastern boundaries of the City of Lake Elsinore, east of the 1-15 Freeway. Direct access to the area is from the 1-15 Freeway to Railroad Canyon Road, which crosses the northwest corner of the Specific Plan area. Canyon Hills Road connects with Railroad Canyon Road and the property from west to east. Lost Road is constructed on site and connects off of Canyon Hills Road in the north to south direction; WHEREAS, the Planning Co~nmission of the City of Lake Elsinore at a regular meeting held on April 15, 2003 made its report upon the desirability and made its recommendations in favor of Specific Plan Amendment No. 1 by adopting Planning Commission Resolution No. 2003-27 recommending to the City Council approval of Specific Plan Amendment No.1; and WHEREAS, the City Council held a duly noticed public hearing on May 13, 2003, for the purposes of considering Specific Plan.Amendment No.1; 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 May 13, 2003; WHEREAS, the conditions recorrimended by the Planning Commission will be incorporated into Specific Plan Amendment No. 1 to ensure that the issues identified by the Planning Commission have been resolved. SECTION 1. The City Council has considered proposed Specific Plan Amendment No.1, prior to approving such proposal. The City Council finds and determines that the Addendum to the 1989 Final Canyon Hills Specific Plan EIR is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of Specific Plan Amendment No.1, based upon the following findings and determinations: 1. The City Council finds that the Addendum to the 1989 Final Elsinore Canyon Hills Specific Plan EIR has been prepared, submitted and reviewed in accordance with requirements presented in Section 15164 of the California Environmental Quality Act Guidelines and the City's CEQA requirements, and is complete and adequate in its evaluation of all environmental effects of the Canyon Hills Specific Plan Ame.ndment No. 1. Canyon Hills Specific Plan Amendment No.1 will not result in any significant and/or unavoidable impacts. 2. The City Council finds that Specific Plan Amendment No. 1 will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. - -------- ORDINANCE NO. 1097 PAGE 2 t j 3. The City Council finds that Specific Plan Amendment No.1 does not have the potential to adversely affect humans, either direcdy or indirecdy. 4. The Addendum EIR and the records of the proceedings upon which this decision is based, are and will be on file with the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE THAT: SECTION 2. Upon the recommendation of the Planning Commission and based upon the Findings adopted herein with regard to the approval of Specific Plan Amendment No.1, the City Council hereby approves and adopts Canyon Hills Specific Plan Amendment No. 1. In this regard the City Council makes the following Findings based upon substantial evidence contained in the record of these proceedings: 1. The City Council finds that Specific Plan Amendment No.1 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. The City Council finds that Specific Plan Amendment No. 1 shall be implemented consistendy with the Goals, Policies and Objectives of the General Plan; and with any other applicable plans or policies adopted by the City. 3. Those issues, standards, guidelines, etc. not addressed in Specific Plan Amendment No. 1 will revert to the 1989 Canyon Hills Specific Plan and/or City Municipal Code in effect at the time future development is proposed for actual construction. 4. Development standards and regulations contained in Specific Plan Amendment No.1 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of Specific Plan Amendment No.1 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. 5. The City Council finds that Specific Plan Amendment No. 1 allows future development to be well-integrated with its surroundings. 6. The City Council finds that Specific Plan Amendment No.1 will be adequately serviced by existing and/ or future public facilities and services. 7. The City Council finds that the overall design of Specific Plan Amendment No.1 will produce attractive, efficient and stable development. ... 8. The City Council finds that Specific Plan Amendment No.1 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. '1 .(,; / ORDINANCE NO. 1097 PAGE 3 - SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 13th day of May, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, UPON SECOND READING this 27th of May, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: APPROVED AS TO FORM AND LEGALITY: - - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 13th day of May, 2003; and approved upon second reading by title only on the 27th day of May, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1097 of said Council, and that the same has not been amended or repealed. DA ED: June 12,2003 C~I~~LERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1098 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN NO. 93-3, AMENDMENT NO.4, AN AMENDMENT FOR THE REMOVAL OF PARCELS WITHIN APPROVED LIBERTY SPECIFIC PLAN SPECIFICALLY DESCRIBED AS APN 370-080- 014 WHEREAS, the Alesco Development has initiated proceedings to remove APN's 37()'080-014, from the Liberty Specific Plan therefore triggering Amendment No.4 to the Liberty Specific Plan. WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on May 6, 2003 made its report upon the desirability of the proposed project and made its recommendations in favor of said Amendment No.4 to SP No. 93-3 by adopting Planning Commission Resolution No. 2003-32 recommending to the City Council approval of Specific Plan No. 93-3, Amendment No.4; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 3, 2003; 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 Specific Plan No. 93-3, Amendment No.4, prior to making a decision to approve the proposed amendment to the Land Use Designation and establish a Zoning Designation. The City Council finds and determines that Mitigated Negative Declaration No. 2003-01 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of ends 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 Lake Elsinore the following findings for the approval of Specific Plan No. 93-3, Amendment No.4 have been made as follows: 1. The approval of the requested designation permits development to the highest and best nature within mitigable means to insure maintenance ofthe general public health, safety, and welfare. 2. Granting of the requested designation will permit reasonable development of the property consistent with its constraints and be more compatible with adjacent properties and proposed development. 3. The proposed General Plan Amendment would establish a land use and density more in character with the subject property's location, access, and constrain SECTION 3: This Ordinance shall take effect thirty (30) days after the dae of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. Ordinance No. 1098 - Page Two INTRODUCED AND APPROVED UPON FIRST READING this 2ih day of May, 2003, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of June, 2003, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Ah..ESL~ ?J;Jt Vicki-Kastld, City C erk Bar - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 27th day of May, 2003; and approved upon second reading by title only on the 10th day of June, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE !BSEi\l"T: COUNCILMEMBERS: ~~UUNmMEMBERS: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1098 of said Council, and that the same has not been amended or repealed. DfTED: June 12,2003 v~Y! \71CKI I<.i.~y CLERK ~,.',- - :CITY OF- LAKE ELSINORE (SFAL) ORDINANCE NO. 1099 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2003-01 CHANGING THE ZONING DESIGNATION OF PARCELS SPECIFICALLY DESCRIBED AS APN 370-080-014 FROM RESIDENTIAL 2 IN THE LIBERTY SP TO M-l (LIMITED MANUFACTURING) UNDER THE ZONING CODE AND MAP WHEREAS, the Alesco Development has initiated proceedings to remove APN's 370- 080-014 from the Liberty Specific Plan therefore triggering Amendment No.4 to the Liberty Specific Plan and the subject Zone Change. WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on May 6, 2003 made its report upon the desirability of the proposed project and made its recommendations in favor of said Zone Change No. 2003-01 by adopting Planning Commission Resolution No. 2003-33 recommending to the City Council approval of Zone Change No. 2003- 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 June 3, 2003; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered the proposed Zone Change No. 2003-01, 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 No. 2003-01 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 Lake Elsinore the following findings for the approval of Zone Change No. 2003-01 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 property or improvements in the neighborhood or within the City. - City Council Ordinance No. 1099 Page Two 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the standards established in the Municipal Code. 3. This project will not have a significant impact on the environment 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: Assessor's Parcel Numbers: 370-080-014 TO M-1 LIMITED MANUFACTURING UNDER THE ZONING ORDINANCE Approval is based on the following: 1. The proposed Zoning is consistent with the Goals, Policies, and Objectives in the General Plan. - 2. The proposed Zoning is consistent with the General Plan and the various land uses authorized by the Ordinance are compatible with the objectives, policies, general land uses, and programs specified in the Plan. (Government Code Section 65860). 3. Reasons why the City has considered the effect of Zoning Ordinances on the regional housing needs in which the City is located and how the City has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 65863.6). SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 27th day of May, 2003, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE SECTION 2: AMENDMENT AND RESTATEMENT OF LAKE - ELSINORE MUNICIPAL CODE SECTION 2.32.010. 1. The foregoing recitals are true and correct; 2. The City of Lake Elsinore hereby amends and restates Municipal Code Section 2.32.010, entitled "Designated" to read as follows: 2.32.010 Designation of filing fee. In accordance with Section 10228 of the Elections Code of the state of California, as such section may be amended from time to time, it is hereby determined that the cost of processing a candidate's nomination papers is Twenty Five Dollars ($25.00). The filing fee for each candidate's nomination papers is hereby set at Twenty Five Dollars ($25.00) for each set of nomination papers for a City office to be elected at a Municipal Election in the City. SECTION 3: 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 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. PASSED, UPON FIRST READING this 12Hday of August ,2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Ordinance Repealing LEMC Section 2.08.026.doc 2 8/11/2003 - PASSED, APPROVED AND ADOPTED this 26ttuay of August ,2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILME ayor ATTEST: APPROVED AS TO FORM: Ordinance Repealing LEMC Section 2.08.026.doc 3 8/11/2003 Page Two - Ordinance No. 1104 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of August, 2003, UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE A ES:: IJW LJ)- VICKI itr AD, CM , CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE BA - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 27th day of May, 2003; and approved upon second reading by title only on the 10th day of June, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMEMBERS: r- :"(B~IA!;I . CfUNCILMEMBERS: Q~~ERK GITY Opo-LAKE ELSINORE NONE NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1099 of said Council, and that the same has not been amended or repealed. ?);;?U VICKI Ig\SAD, CiTY CLERK CITY OF LAKE ELSINORE (SEAL) City Council Ordinance No. 1099 Page Three PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of June, 2003, upon the following roll call vote: - AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE Aj...n.S~:'V J ~~,~ ViGki Ka~f:d, City Cierk - '--- ?r ORDINANCE NO. 1100 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING, AMENDING AND DELETING DESIGNATED SECTIONS OF CHAPTER 9.96 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SAFETY REGULATIONS FOR LAKE ELSINORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: 9.96 as follows: That Sections 9.96.120, subparagraph C is hereby added to Chapter C. There is no designated speed limit in the high speed zone, except during the following days: every Saturday and Sunday beginning with the last Saturday in May and ending with the first Sunday in September, Memorial Day, the Fourth of July, and Labor Day. During these designated days, the maximum allowable boat speed limit of Lake Elsinore is thirty-five (35) miles per hour. SECTION 2: That Sections 9.96.125 of Chapter 9.96 is herby and amended and restated to provide as follows: 9.96.125 Length of vessel. Vessels operating on Lake Elsinore shall not exceed a maximum of 40 feet in length, unless authorized by written order of the City Manager. SECTION 3: as follows: That Section 9.96.140, subparagraph F is hereby added to Chapter 9.96 F. Vessels operating in the designated high speed zone at speed at 80 miles per hour and greater shall be equipped with an ignition kill switch tethered to the driver and all persons aboard such vessels floatation device with a United States Coast Guard 100 mile per hour rating and helmets. Helmets must meet the specifications set forth by any of the following: Department of Transportation, American National Standards Institute, Inc., Snell, or military specification helmet designed for military aircraft. The upper fifty percent (50%) of the helmet must be neon, florescent, red, orange, yellow, or international orange. SECTION 4: That Section 9.96.190 added to Chapter 9.96 as follows: 9.96.190. Anchoring. No person shall anchor a vessel outside of the designated no wake zone. SECTION 5: That Section 9.96.240 added to Chapter 9.96 as follows: 9.96.240. Buoys, beacons, and axial flow pump stations. No person shall moor to, destroy, trespass upon, or cause willful damage to any buoy, beacon, or axial flow pump station. No person shall willfully or maliciously cut, break, injure, sink, set adrift, trespass, or moor any vessel of any kind to any buoy, beacon, or axial flow pump station platform placed within Lake Elsinore by the City. 1 " SECTION 6: SEVERABILITY If any provision, clause, sentence or paragraph ofthis 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 ofthe Ordinance and cause this 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 ofthe Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this -1i day of June ,2003, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 8thdayof Jul y ,2003, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE f:rLJ Vicki Kasad, City Clerk - AP~OV. ED A~ TO. ~O~ 1l~11zr{A !fi:/2't1/ ara Leibol , City Attorney ~. 2 - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 24th day of June, 2003; and approved upon second reading by title only on the 8th day of July, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABST~! , COUNCILMEMBERS: ~~ CKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1100 of said Council, and that the same has not been amended or repealed. DATED: July 15,2003 2f~SAYLERK CITY OF LAKE ELSINORE (SEAL) .~ ORDINANCE NO 1101 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 17.17 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SECOND DWELLING UNITS AND AMENDING CHAPTERS 17.19, 17.20, 17.22 AND 17.23 OF THE LAKE ELSINORE MUNICIPAL CODE TO BE CONSISTENT THEREWITH WHEREAS, Chapter 17.17 of the Lake Elsinore Municipal Code establishes procedures for obtaining a permit to construct a second dwelling unit in the City of Lake Elsinore; and WHEREAS, the City of Lake Elsinore would like to amend and restate Chapter 17.17 of the Lake Elsinore Municipal Code to conform with recent changes in state law and to establish . additional regulations with respect to the construction of second dwelling units; and WHEREAS, accordingly, it is the purpose and intent of the City Council of the City of Lake Elsinore to amend and restate Chapter 17.17 of the Lake Elsinore Municipal Code as set forth herein; and WHEREAS, to be consistent with the foregoing, it is the purpose and intent of the City Council of the City of Lake Elsinore to amend Chapters 17.19, 17.20, 17.22 and 17.23 of the Lake Elsinore Municipal Code as set forth herein. NOW THEREFORE, THE CrfY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Chapter 17.17 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety, as follows: Section 17.17.010 Purpose. The intent of this chapter is to expand the mix of housing opportunities within the City by permitting the development of second units as an accessory use to existing single-family detached dwellings while providing criteria to assure they are maintained as a harmonious and integral aspect ofthe single-family neighborhood. Section 17.17.020 Definition. For the purposes of this chapter, second unit means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. A second unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, on the same parcel as the single-family dwelling is situated. A second unit also includes an efficiency unit, as defined in Section 17958.1 of the California Health & Safety Code. Section 17.17.030 General provIsions. A single second unit shall be permitted subject to issuance of a permit pursuant to the provisions of this Chapter 17.17 on any residentially zoned parcel which meets the following standards: Second Unit-AB 1866 Ordinance.doc 7/8/2003 - A. The lot is an existing legal subdivided lot which complies with the current minimum lot requirements for the zoning district. B. The lot contains only one (1) existing single-family detached dwelling which complies with the current development standards for the zoning district or is found legally nonconforming. C. The lot contains no other second unit. D. The lot provides for sufficient parking to meet the current parking requirements for the existing single-family detached unit on the lot. @ The existing single family unit shall be occupied by the record owner of the parcel. Section 17.17.040 Preinspection. Prior to application for a second unit permit, an applicant shall request an inspection of the property by representatives of the Department of Community Development to determine the property's compliance with the City's building and zoning codes. The inspectors shall file a written report indicating compliance or, if the property and structures are not in compliance, the nature of any violations. The application for a permit for a second unit shall include a final report of the inspector stating that corrections have been completed prior to issuance of a permit for the second unit. Section 17.17.050 Application. Following the required preinspection, the applicant shall submit a permit application for second unit in accordance with submittal requirements on file with the Planning Division which shall include, but not be limited to, the following: - A. Name and address ofthe applicant. B. Statement that the applicant is the owner and occupant of the property on which the second unit is proposed to be located. C. Address and legal description of the property (Assessor's Parcel Number). D. Floor plans and a site plan, fully dimensioned, indicating the type, use and location of all rooms, buildings, structures, parking, and landscape areas of the existing single-family unit and the proposed second unit. E. Building elevation plans of sufficient detail to indicate the architectural style, type and color of materials of the existing single-family unit and type and color of materials to be employed for the proposed second unit. F. A restrictive covenant in such form as may be required by the City, signed by the record owner, which will be recorded against the property. The restrictive covenant shall require that at all times either the single-family unit or the second unit be owner-occupied and shall prohibit rental of both units at the same time. It shall further provide that the second unit shall not be sold, or title thereto transferred, separate and apart from the entire parcel. The restrictive covenant shall further require that the City be notified of the sale or transfer of the property upon the close of escrow or on or prior to the effective date of transfer if no escrow is used. Second Unit-AB 1866 Ordinance.doc -2- 7/8/2003 G. A copy ofthe written report detailing the results of the preinspection. H. Payment of all applicable permit, development impact and other fees applicable to the construction and occupancy of the second unit. Section 17.17.060 Fee. The request for preinspection and the application for a second unit permit shall be accompanied by a fee established by resolution of the City Council to cover all costs to the City. Section 17.17.070 Standards. In determining whether or not a permit to construct a second dwelling unit should be issued, the Director of Community Development or his or her designee shall make the following findings: A. The permit application is complete and complies with the requirements of Section 17.17.050. B. Except as provided elsewhere in this chapter, the proposed second unit shall comply with all of the development standards for new single-family detached dwelling units as specified for the base zoning district in which it is located, including, but not limited to, set-backs, height limitations, and maximum lot coverage. C. The requirements of Section 17.17.030 shall be met. D. The requirements for a preinspection report pursuant to Section 17.17.040 shall be met. E. The following standards shall also apply: 1. The total floor area of the second unit shall comply with the following: ;J. (a) The minimum total floor area shall be 400 square feet for an efficiency unit and 550 square feet for a one-bedroom or two-bedroom unit. (b) The maximum total floor area shall be as follows: (i) Attached second units shall not exceed thirty percent (30%) of the main dwelling unit living area or one thousand (1,000) square feet, whichever is less; provided that if the main dwelling unit is one thousand, three hundred thirty four (1,334) square feet or less in size, one (1) four hundred (400) square foot efficiency unit shall be permitted. (ii) Detached second units shall not exceed fifty percent (50%) of the existing main dwelling unit living area or one thousand two hundred (1,200) square feet, whichever is less. (c) The second unit shall contain no more than two (2) bedrooms. 2. The second unit shall conform to the following design standards: Second Unit-AB 1866 Ordinance.doc - 3 - 7/8/2003 (a) The design, color, material, and texture ofthe roof shall be the same as the main dwelling unit; (b) The color, material and texture of all building walls shall be the same as the main dwelling unit; and (c) The architectural style of the second unit shall be the same as the main dwelling unit. 3. One (1) off-street enclosed parking space per bedroom in the second unit shall be provided in addition to that required for the existing single family unit. This space shall not be located within the required setbacks or through tandem parking. 4. There shall not be more than one exterior entrance on the front or on any street side of the building and no exterior stairway shall be located on the front of the building. 5. The main dwelling unit shall continue to comply with the minimum standards applicable to a single-family detached dwelling unit in the zoning district even with the development of a second unit, including but not limited to maximum lot coverage and minimum floor area criteria. Section 17.17.080 Compliance with general plan. A second unit which conforms to the standards of this Chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and zoning designation for the lot. Section 17.17.090 Filing of annual statement. On or before April 1 of each year after a second unit permit is issued pursuant to this Chapter, the owner of the property shall file with the City a Certificate of Owner Occupancy and Compliance with Covenants, in such form as is prescribed by the City. SECTION 2: amended as follows: That Chapter 17.19 of the Lake Elsinore Municipal Code is hereby Paragraph Q of Section 17.19.030 is deleted. SECTION 3: amended as follows: That Chapter 17.20 of the Lake Elsinore Municipal Code is hereby Paragraph B of Section 17.20.030 is deleted. SECTION 4: amended as follows: That Chapter 17.22 of the Lake Elsinore Municipal Code is hereby Paragraph B of Section 17.22.030 is deleted. Second Unit-AB 1866 Ordinance.doc -4- 7/812003 SECTION 5: amended as follows: That Chapter 17.23 of the Lake Elsinore Municipal Code is hereby Paragraph C of Section 17.23.030 is deleted. 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 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 9thdayof July following roll call vote: , 2003, by the NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this R day of J u 1 y the following roll call vote: , 2003, by AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Second Unit-AB 1866 Ordinance.doc -5- 7/8/2003 ATT-EST: - 2LL~ Vicki Kasad, City Clerk APPROVED AS TO FORM: Second Unit-AB 1866 Ordinance.doc - 6- - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 8th day of July, 2003; and approved upon second reading by title only on the 220d day of July, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - 0~B. S.TAI1JN..: COUNCILMEMBERS: .-.:(\ " .~ -VI:CKI KASAD, CI-TY CLERK CITY OF LAKE ELSINORE NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1101 of said Council, and that the same has not been amended or repealed. ~{E~/iZJ03 ~~SAD, CITY CLERK crry OF LAKE ELSINORE (SEALj ORDINANCE NO. 1102 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WHEREAS, on June 24, 2003, the City Council (the "Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 2003-21 stating its intention to form the 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 form the District; and WHEREAS, on August 12, 2003 this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the District and the rate and method of apportionment and manner of collection of the special tax to be levied within the District to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District by the District were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2/)03.31 determining the validity of prior proceedings relative to the formation of the District, established the District and authorized the levy of a special tax within the District; and WHEREAS, the Council subsequent to said hearing adopted Resolution No1D63'3~which called an election within the District for August 12, 2003 on the proposition of levying a special tax; and WHEREAS, on August 12, 2003 an election was held within the District in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax. NOW, THEREFORE, the City Council of the City of Lake Elsinore, acting as the legislative body of 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 the District 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 the District prior to the formation of the District, periodic costs, and costs of the tax levy and collection. 45317893.1 - Section 2. 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 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.~003-310fthe Council. 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. 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. INTRODUCED AND ADOPTED UPON FIRST READING this 12th August ,2003, upon the following roll call vote: day of AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, KELLEY COUNCILMEMBERS: NONE NOES: ABSTAIN: COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ABSENT: PASSED, APPROVED AND ADOPTED this 26th day of Augus t following roll call vote: , 2003, upon the AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY COUNCILMEMBERS: NONE NOES: ABSENT: COUNCILMEMBERS: NONE 45317893.1 2 - COUNCILMEMBERS: ABSTAIN: City Clerk of t e City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney 45317893.1 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 12th day of August, 2003; and approved upon second reading by title only on the 26th day of August, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ~TAB'.J COUNCILMEMBERS: VICKI KkAD, CITY CLERK CITY OF LAKE ELSINORE NONE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY CF LAKE ELSINORE, DO HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1102 of said Council, and that the same has not been amended or repealed. ) CKI SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) 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 I 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 I preceding any Fiscal Year for the construction ofa Unit that is not Developed Multi-family Property. Fiscal Year. The period beginning on July 1 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 1 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 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 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. - - ORDINANCE NO. 1103 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING SECTION 2.08.026 OF THE LAKE ELSINORE MUNICIP AL CODE AND AMENDING AND REST A TING SECTION 2.32.010 OF THE LAKE ELSINORE MUNICIPAL CODE WHEREAS, in 1997, the City of Lake Elsinore, California (the "City") adopted Ordinance No. 1030, which, in Section 2, added Section 2.08.026 "City Council Elections - Voluntary Expenditure Ceiling" ("Section 2.08.026") to the Lake Elsinore Municipal Code; WHEREAS, Section 2.08.026 refers to certain sections of the Government Code known at that time as the California Political Reform Acts of 1974 and 1996 (Government Code Sections 81000 et seq.), in particular Sections 85301 and 85402, which such sections are integral to the application of Section 2.08.026; WHEREAS, Government Code Sections 85301 and 85402, as in effect in 1997, were repealed by state Proposition 34 in 2000, and various other portions of Government Code Sections 81000 et seq., as in effect in 1997, were also repealed or significantly amended in 2000 by Proposition 34; WHEREAS, because Section 2.08.026 is ambiguous and cannot be objectively applied without the provisions as set forth in 1997 in former Government Code Sections 85301 and 85402, it is in the best interests of the City of Lake Elsinore to repeal Section 2.08.026; WHEREAS, in 1993, the City adopted Ordinance No. 523, which added Chapter 2.32 "Candidate's Filing Fee," and, in particular, Section 2.32.010 "Designated" ("Section 2.32.010"), to the Lake Elsinore Municipal Code; WHEREAS, Section 2.32.010 refers to Section 22843 of the Elections Code, which was repealed in 1994; WHEREAS, Section 10228 of the Elections Code was added to the Elections Code in 1994 and is the appropriate reference to be set forth in Section 2.32.010; and WHEREAS, it is in the best interests of the City of Lake Elsinore to amend and restate Section 2.32.010 to refer to the appropriate Elections Code section. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: SECTION 2.08.026. REPEAL OF LAKE ELSINORE MUNICIPAL CODE 1. The foregoing recitals are true and correct; 2. The City of Lake Elsinore hereby repeals Municipal Code Section 2.08.026, entitled "City Council Elections - Voluntary Expenditure Ceiling." Ordinance Repealing LEMC Section 2.08.026.doc 8/11/2003 - STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 12th day of August, 2003; and approved upon second reading by title only on the 26th day of August, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ",,~STAIN: COUNCILMEMBERS: ~j} Y I VICKI KAS~~ CLERK CITY OF LAKE ELSINORE NONE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY CF LAKE ELSINORE, DO HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1103 of said Council, and that the same has not been amended or repealed. 2Ii S"J 19,2003 VICKI lAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 1. That an amendment to the contract between the City Council of the City of Lake Elsinore and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City of Lake Elsinore is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Press Enterprise, a newspaper of general circulation, published and circulated in the City of Lake Elsinore and thenceforth and thereafter the same shall be in full force and effect. PRESENTED AND APPROVED UPON FIRST READING this Ith day of August, 2003, UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - A_ CalPERS EXHIBIT California Public Employees' Retirement System . AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Lake Elsinore . The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1965, and witnessed April 30, 1965, and as amended effective December 10, 1983, December 19, 1987, July 14, 1995, May 9, 1997, December 24, 1999 and March 22, 2003 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective March 22, 2003, and hereby replaced by the following paragraphs numbered 1 through 15 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 60 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1965 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. - ~ PLEASE 00 NOT SIGN "EXHIBIT ONLY" 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Removal of the exclusion of "Persons Compensated on an Hourly Basis", pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership. 6. The percentage of final compensation to be provided for each year of credited prior and current service for those local miscellaneous members in employment on December 19, 1987 and those local miscellaneous members in employment before and not on or after March 22, 2003 shall be determined in accordance with Section 20515 and 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service for those local miscellaneous members in employment prior to December 19, 1987 shall be determined in accordance with Section 21354 (2% at age 55 Modified). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on and after March 22, 2003 shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21368 (1.25% at age 60), supplemental to Social Security. i 'tEASE DO NOT SIGN "EXHIBIT ONl:' 10. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation) for local miscellaneous members only. b. Section 20515 (Full Formula Plus Social Security) for past and future service for local miscellaneous members in employment on and after December 19, 1987. Legislation repealed said Section effective January 1, 2002. c. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local miscellaneous members only. d. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local miscellaneous members only. e. Section 20503 (To Remove the Exclusion of Persons Compensated on an Hourly Basis, Prospectively from the effective date of this amendment to contract). 11. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on December 10, 1983. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 12. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 13. Public Agency shall also contribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 14. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 15. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. "" B. This amendment shall be effect~ the day of BOARD OF ADMINISTRATION ~~ CITY COUNCIL PUBLIC EMPLOYEES' RETIRE .. SYSTEM CITY OF LAKE ELSINORE ,,<':\. ~ <<) (~}:;"v' ~ ~ BY ..[-:;. BY ~ KENNETH W. MARZIO~~~IEF PRESIDING OFFICER ~~ ACTUARIAL & EMPL~rn SERVICES DIVISION & PUBLIC EMPLOYE~ETIREMENT SYSTEM ~~ <'f<j ~~ , Witness Date r-:::r <::s ~~.J v Attest: ,,:":~~'f' Clerk AMENDMENT ER# 0585 PERS-CON-702A (Rev. 8\02) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the lih day of August, 2003; and approved upon second reading by title only on the 26th day of August, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ~!~ COUNCILMEMBERS: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1104 of said Council, and that the same has not been amended or repealed. 2GE9,2003 VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. '11Q5 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND REST A TING CHAPTER 15.68 OF THE LAKE ELSINORE MUNICIP AL CODE REGARDING FLOODPLAIN MANAGEMENT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Sections 15.68.010, 15.68.020, 15.68.030, 15.68.040, 15.68.050, 15.68.052 and 15.68.060 of Chapter 15.68 are hereby deleted and that the following Sections 15.68.010, 15.68.020, 15.68.030, 15.68.040, 15.68.050, 15.68.052 and 15.68.060 are hereby added to Chapter 15.68 as follows: CHAPTER 15.68 Sections: 15.68.010 Residential structures. 15.68.020 Nonresidential structures. 15.68.030 Additions, alterations or repairs. 15.68.040 Fill. 15.68.050 Septic tanks, cesspools, leach lines or seepage pits. 15.68.052 Buildings, structures or improvements. 15.68.060 Chapter not to affect Chapter 15.64. 15.68.010 Residential structures. No person, shall construct any new residential structure within the perimeter streets of Grand Avenue, Riverside Drive, Lakeshore Drive, Mission Trail and Corydon Road along the shore of Lake Elsinore such that the foundation or basement shall be below an elevation of one thousand two hundred and sixty-four (1264) feet mean sea level, plus a maximum of three (3) feet for wave run-up as determined by the Flood Plain Administrator. 15.68.020 Nonresidential structures. Except as may be specifically permitted by the City Council, no person, shall construct any new nonresidential structure within the perimeter streets of Grand A venue, Riverside Drive, Lakeshore Drive, Mission Trail and Corydon Road along the shore of Lake Elsinore such that the foundation or basement shall be below an elevation of one thousand two hundred and sixty-four (1264) feet mean sea level, plus a maximum of three (3) feet for wave run-up as determined by the Flood Plain Administrator. 15.68.030 Additions, alterations or repairs. No person, shall construct any substantial improvements as defined by Section 15.64.050 upon existing structures within the perimeter streets of Grand Avenue, Riverside Drive, Lakeshore Drive, Mission Trail and Corydon Road along the shore of Lake Elsinore such that the foundation or basement shall be below an elevation of one thousand two hundred and sixty-four (1264) feet mean sea level, plus a maximum ofthree (3) feet for wave run-up as determined by the Flood Plain Administrator. 1 15.68.040 Fill. No person, shall import fill material within the perimeter streets of Grand Avenue, Riverside Drive, Lakeshore Drive, Mission Trail and Corydon Road in Federal Emergency Management Agency (FEMA) designated flood plain without first complying with all applicable local, State and Federal laws, rules and regulations and Section 404 of the Clean Water Act; (Title 33, CFR Parts 320, 323, 325-328 and 330). 15.68.050 Septic tanks, cesspools, leach lines or seepage pits. No septic tank, cesspool, leach line or seepage pit shall be constructed until written approval is first obtained from the Department of Health of the County, and the Regional Water Quality Control Board, when such additional approval is required by the City Engineer, Director of Building and Safety, or Department of Health of the County. 15.68.052 Buildings, structures or improvements. No buildings, structures or substantial improvements as defined by Section 15.64.050 to buildings shall be constructed upon all lands below the one thousand two hundred and sixty-five (1265) feet elevation mean sea level, southeaster! y of the lake levee and no artificial change in the topography in the surface of such lands shall be made (except terracing and soil conservation measures) without first complying with all applicable local, State and Federa11aws, rules and regulations and Section 404 ofthe Clean Water Act; (Title 33, CFR Parts 320, 323, 325-328 and 330). 15.68.060 Chapter not to affect Chapter 15.64. Nothing contained in this chapter shall be construed to affect the validity of Ordinance No.1 078, codified in Chapter 15.64, which shall remain in full force and effect. No building permit shall be issued by the City which is in violation of the provisions of this chapter or Ordinance No. 1078. SECTION 2: 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 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. 2 - PASSED, UPON FIRST READING this26ttrlay of Augus t ,2'0'03, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY N'ONE ABSENT: COUNCILMEMBERS: N'ONE ABSTAIN: COUNCILMEMBERS: N'ONE PASSED, APPROVED AND ADOPTED this 9th day of September, 2'0'03, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER N'ONE ABSENT: ABSTAIN: COUNCILMEMBERS: HICK). BRINLEY COUNCILMEMBERS: NONE i ~ 2)~.bJ Vicki Kasad, City Clerk APPROVED AS TO FORM: 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 26th day of August, 2003; and approved upon second reading by title only on the 9th day of September, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN, BRINLEY NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1105 of said Council, and that the same has not been amended or repealed. ORDINANCE NO. 1106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH CENTEX HOMES WHEREAS, California Government Code Sections 65864 through 68569.5 authorizes municipalities to enter into development agreements with persons having a legal or equitable interest in real property in order to strengthen the public planning process, provide greater certainty in the development process and reduce the economic costs of development; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements as set forth in Chapter 19.12 of the Lake Elsinore Municipal Code; and WHEREAS, the City has received an application from Centex Homes, to consider a Development Agreement and proceedings have been taken in accordance with the City's rules and regulations; and WHEREAS, pursuant to Public, Resources Code 9 21065 and 14 Cal. Code of Regs. 9 15060(c)(2), the Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment; and WHEREAS, pursuant to14 Cal. Code of Regs. 9 15352(a), the Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Development Agreement does not commit the City to any definite course of action; and WHEREAS, pursuant to Public Resources Code S 21065 and 14 Cal. Code of Regs. S 15060(c)(2), the Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment. Further, pursuant to 14 Cal. Code of Regs. S 15352(a), the Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Development Agreement does not commit the City to any definite course of action; and WHEREAS, following a duly noticed public hearing on September 16, 2003, the Planning Commission of the City of Lake Elsinore approved Resolution PC No. 2003-81 making certain findings and recommending approval of the proposed Development Agreement by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findin2s. The City Council held a duly noticed public hearing on the Development Agreement on September 23, 2003 and based on the information presented, the City Council makes the following findings in accordance with Section 19.12.080 of the Lake Elsinore Municipal Code: a. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. 1 04/03/03 b. The Development Agreement is in conformity with public convenience, general welfare and good land use practices. c. The Development Agreement will not be detrimental to the health, safety and general welfare of the community. d. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. e. The Development Agreement is consistent with the provisions of Government Code Section 65864-65869.5 f. The Development Agreement is not a project under CEQA because, at this stage, the Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment. (Public Resources Code S 21065 and 14 Cal. Code of Regs. S 15060(c)(2)). g. The Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Development Agreement, at this stage, does not commit the City to a definite course of action. (14 Cal. Code of Regs. S 15352(a)). Section 2. CEQA. The City has properly reviewed and assessed the Development Agreement pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA") and finds that the Development Agreement is not a project under the California Environmental Quality Act (CEQA) because, at this stage, the Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment. (Public Resources Code S 21065 and 14 Cal. Code of Regs. S 15060(c)(2)). Further, the Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Development Agreement, at this stage, does not commit the City to a definite course of action. (14 Cal. Code of Regs. S 15352(a)). Moreover, it has been determined that any environmental impacts that could be associated with the proposed development agreement have been addressed by the Environmental Impact Report (EIR) adopted for the Tuscany Hills Specific Plan adopted in November 1989 and subsequent environmental documents. Any future approvals will be subject to CEQA evaluation and any required mitigation measures. - Section 3. Approval of the Development A!!reement. The City Council hereby approves the Development Agreement between the City of Lake Elsinore and Centex Homes attached hereto as Exhibit A and incorporated herein by reference. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Development Agreement on behalf of the City of Lake Elsinore. - 2 04/03/03 Section 4. Recordation. The City Clerk is directed to transmit the Development Agreement to the County Recorder for recordation no later than ten (10) days after the adoption of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effective thirty (30) days from and after the date of its passage. Section 6. Postin2: and Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED UPON FIRST READING this 23rd day of Sept. , 2003, upon the following vote: AYES: Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: NONE PASSED, APPROVED AND ADOPTED this 14th day of October , 2003, upon the following vote: AYES: NOES: ABSENT: ABSTAIN: 2' Vicki Kas a, City Clerk City of Lake Elsinore Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NONE Councilmembers: Councilmembers: 3 04/03/03 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 23rd day of September, 2003; and approved upon second reading by title only on the 14th day of October, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: - ~BSTJN: 8~' ~ j VI~ AlrCITY CLERK CITY OF LAKE ELSINORE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1106 of said Council, and that the same has not been amended or repealed. VJ~7:JOJ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO.n07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A PREANNEXATION AND DEVELOPMENT AGREEMENT WITH PACIFIC CLAY PRODUCTS, INC WHEREAS, California Government Code Sections 65864 through 68569.5 authorizes municipalities to enter into development agreements with persons having a legal or equitable interest in real property in order to strengthen the public planning process, provide greater certainty in the development process and reduce the economic costs of development; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements as set forth in Chapter 19.12 of the Lake Elsinore Municipal Code; and WHEREAS, the City has received an application from Pacific Clay Products, Inc. to consider a pre annexation and development agreement and proceedings have been taken in accordance with the City's rules and regulations; and WHEREAS, pursuant to Public Resources Code 9 21065 and 14 Cal. Code of Regs. 9 15060(c)(2), the Preannexation and Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment; and WHEREAS, pursuant to 14 Cal. Code of Regs. 9 15352(a), the Preannexation and Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Pre annexation and Development Agreement does not commit the City to any definite course of action; and WHEREAS, pursuant to Public Resources Code 9 21065 and 14 Cal. Code of Regs. 9 15060(c)(2), the Preannexation and Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment. Further, pursuant to 14 Cal. Code of Regs. 9 15352(a), the Preannexation and Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Pre annexation and Development Agreement does not commit the City to any definite course of action; and WHEREAS, following a duly noticed public hearing on September 16, 2003, the Planning Commission of the City of Lake Elsinore approved Resolution PC No. 2003-82 making certain findings and recommending approval of the proposed Preannexation and Development Agreement by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findin2:s. The City Council held a duly noticed public hearing on the Pre annexation and Development Agreement on September 23, 2003 and based on the information presented, the City Council makes the following findings in accordance with Section 19.12.080 of the Lake Elsinore Municipal Code: 1 04/03/03 a. The Preannexation and Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. b. The Preannexation and Development Agreement is in conformity with public convenience, general welfare and good land use practices. c. The Preannexation and Development Agreement will not be detrimental to the health, safety and general welfare of the community. d. The Preannexation and Development Agreement will not adversely affect the orderly development of property or the preservation of property values. e. The Preannexation and Development Agreement is consistent with the provisions of Government Code Section 65864-65869.5 f. The Preannexation and Development Agreement is not a project under CEQA because, at this stage, the Preannexation and Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment. (Public Resources Code 9 21065 and 14 Cal. Code of Regs. 9 15060(c)(2)). g. The Preannexation and Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Preannexation and Development Agreement, at this stage, does not commit the City to a definite course of action. (14 Cal. Code of Regs. 9 15352(a)). Section 2. CEQA. The City has properly reviewed and assessed the Preannexation and Development Agreement pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA") and finds that the Pre annexation and Development Agreement is not a project under the California Environmental Quality Act (CEQA) because, at this stage, the Preannexation and Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment. (Public Resources Code 9 21065 and 14 Cal. Code of Regs. 9 15060(c)(2)). Further, the Preannexation and Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Pre annexation and Development Agreement, at this stage, does not commit the City to a definite course of action. (14 Cal. Code of Regs. 9 15352(a)). The Developer and the City shall prepare all necessary and appropriate environmental documentation in connection with the proposed annexation and all future development approvals shall be subject to subject to CEQA evaluation and any required mitigation measures, if an annexation application and future development approvals are submitted. Section 3. Approval of the Preannexation and Development Aereement. The City Council hereby approves the Preannexation and Development Agreement between the City of Lake Elsinore and Pacific Clay Products, Inc attached hereto as Exhibit A and incorporated herein by reference. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Development Agreement on behalf of the City of Lake Elsinore. 2 04/03/03 Section 4. Recordation. The City Clerk is directed to transmit the Preannexation and Development Agreement to the County Recorder for recordation no later than ten (10) days after the adoption of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effective thirty (30) days from and after the date of its passage. Section 6. Postine and Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. PASSED UPON FIRST READING this 23rd day of Sept. , 2003, upon the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: KELLEY, SCHIFFNER, BRINLEY BUCKLEY NONE HICKMAN PASSED, APPROVED AND ADOPTED this 14th day of October, 2003, upon the following vote: AYES: NOES: ABSENT: ABSTAIN: ATrST: e~~l~ City of Lake Elsinore Councilmembers: Councilmembers: Councilmembers: HICKMAN, KELLEY, SCHIFFNER, BRINLEY BUCKLEY NONE - H 3 04/03/03 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 23rd day of September, 2003; and approved upon second reading by title only on the 14th day of October, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: 01-~ I COUNCILMEMBERS: VICKI KA~TY CLERK CITY OF LAKE ELSINORE NONE NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1107 of said Council, and that the same has not been amended or repealed. ~rED: October 15, 2003 (O~- y I VICKIKA~Y CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1108 ORDINANCE OF 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) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.1 AND ANNEXATION AREA NO.2 ANNEXED TO SAID DISTRICT WHEREAS, on October 14, 2003, the City Council (the "Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 43 stating its intention to annex certain property ("Annexation Area No.1") 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, on October 14, 2003, the Council adopted Resolution No. 44 stating its intention to annex certain property ("Annexation Area No.2") into the District pursuant to the Act; and WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No.1 and Annexation Area No.2 into the District; and WHEREAS, on October 14, 2003 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 1 and Annexation Area No.2 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. 1 and Annexation Area No.2 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.1 and Annexation Area No.2 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. ;'00:3 -5;). determining the validity of prior proceedings relative to the annexation of Annexation Area No. 1 and Annexation Area No.2, annexed Annexation Area No.1 and Annexation Area No.2 into the District and authorized the levy of a special tax within Annexation Area No. 1 and Annexation Area No.2; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2~3-53which called an election within Annexation Area No.1 and Annexation Area No.2 for October 14, 2003 on the proposition of levying a special tax; and WHEREAS, on October 14, 2003 an election was held within each Annexation Area No. 1 and Annexation Area No. 2 in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax; 45367598.1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGIS LA TNE BOYD 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. I and Annexation Area No.2 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. 1 and Annexation Area No. 2 prior to the annexation of Annexation Area No.1 and Annexation Area No.2 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 provided 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. ..lo03-n. of the Council. 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. 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. 45367598.1 2 INTRODUCED AND PASSED upon first reading by title only, this 14th day of October, 2003, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED upon second reading by title only, this 28th day of October ,2003, upon the following roll call vote: NOES: COUNCILMEMBERS: BUCKLEY, SCHIFFNER, BRINLEY NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY ABSTAIN : COUNCILMEMBERS: NONE v;;w VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE /---~ " C //j\ ", /--') . , '//' , ,'1 _/','. ,/ ,,', ,fA /""f /c:;: Il~ > r-~ ~'I ~;;./f>AMELA B~LEY, MAYOR ;i', CITY OF LAfE ELSINORE ~ 3 NOTICE OF ADOPTION OF ORDINANCE NO. 1108 NOTICE IS HEREBY GIVEN that on Oct. 28 , 2003, 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 Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services), held a public hearing and adopted Ordinance No. 1108 . A summary of Ordinance No. 1108 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. 1108 was adopted by the following vote: AYES: COUNCILMEMBERS: COUNCILMEMBERS: BUCKLEY. SCHIFFNER. BRINLEY NONE NOES: ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN. KELLEY 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: November 3 ,2003 By City Clerk of the City of Lake Elsinore 45367598.1 5 EXHIBIT" A" BEFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) IN THE MATTER OF Authorizing the Levy of a Special Tax Within Annexation Area No.1 and Annexation Area No.2 Annexed to City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) ) ORDINANCE NO. ) ) ) ) ) ) 1108 SUMMARY The ordinance authorizes levy of an annual special tax within Annexation Area No. I and Annexation Area No.2 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. 1 and Annexation Area No.2 prior to the annexation of Annexation Area No.1 and Annexation Area No.2 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.1 and Annexation Area No.2. DATED: November 3 45367598.1 , 2003 CITY OF LAKE ELSINORE By: City Clerk of the City of Lake Elsinore AGENDA ITEM NO. ~ ~ PAGE1JL OF ~ '- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 14th day of October, 2003; and approved upon second reading by title only on the 28th day of October, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ~~ COUNCILMEMBERS: VICKI KASAD, CITY CLERK CiTY OF LAKE ELSINORE HICKMAN, KELLEY NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1108 of said Council, and that the same has not been amended or repealed. 2fi vember 5 2003 V;CKI f;A.SAD, CITY CLERK ClTY OF LAKE ELSINORE (SBAL) ORDINANCE NO. 1109 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.08 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PURCHASING AND ADDING CHAPTER 3.10 AND CHAPTER 3.12 TO THE LAKE ELSINORE MUNICIPAL CODE WHEREAS, Chapter 3.08 ofthe Lake Elsinore Municipal Code establishes purchasing procedures for the City of Lake Elsinore; and WHEREAS, it is the purpose and intent ofthe City Council ofthe City of Lake Elsinore to amend and restate Chapter 3.08 ofthe Lake Elsinore Municipal Code in order to increase the efficiency of the purchasing process in the City of Lake Elsinore; and WHEREAS, it is the purpose and intent ofthe City Council ofthe City of Lake Elsinore to add Chapter 3.10 of the Lake Elsinore Municipal Code in order to increase the efficiency of the administration of public works projects in the City of Lake Elsinore. WHEREAS, it is the purpose and intent ofthe City Council ofthe City of Lake Elsinore to add Chapter 3.12 of the Lake Elsinore Municipal Code in order to increase the efficiency of the administration of surplus property belonging to the City of Lake Elsinore. WHEREAS, purchasing products and services from local vendors stimulates the local economy and assist in the maturation of the local economy. WHEREAS, giving local vendors a three percent (3%) preference would be a modest way to stimulate and expand the local economy and it is in the public interest to support local business and to encourage businesses to locate and remain in the City. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Chapter 3.08 ofthe Lake Elsinore Municipal Code is hereby amended and restated in its entirety, as follows: CHAPTER 3.08 GENERAL PROVISIONS 3.08.010 Adoption of purchasing system. In order to establish efficient procedures for the purchase of supplies, services and equipment, to secure for the City supplies, services and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted. 3.08.015 Scope of Chapter. The procedures established by this Chapter shall apply only to the purchase of supplies, equipment and services, and shall not apply to public projects as defined in Section 20161 of the California Public Contracts Code. A purchase shall include leasing or renting of equipment and shall be valued for purposes of applying the procedures established by 1 this Chapter at the net present value of the payment amounts as determined by the Purchasing Officer. 3.08.020 Purchasing Officer--Office created. There is created the position of Purchasing Officer. The Purchasing Officer shall be responsible and have general supervision of the purchasing function. The duties of the Purchasing Officer shall be combined with those ofthe Director of Administrative Services. The Purchasing Officer shall have the authority to: A. Purchase or contract for supplies and equipment required by any using agency or department in accordance with purchasing procedures prescribed by this Chapter, such administrative regulations as the Purchasing Officer shall adopt for the internal management and operation of the Purchasing Department, and such other rules and regulations as shall be prescribed by the City Councilor City Manager; B. Negotiate and recommend execution of contracts or purchase orders for the purchase of supplies and equipment; C. Act to procure for the City the needed quality in supplies and equipment at least expense to the City; D. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; E. Prepare and recommend to the City Council rules governing the purchase of supplies and equipment for the City; F. Prepare and recommend to the City Council revisions and amendments to the purchasing rules; G. Keep informed of current developments in the field of purchasing, prices, market conditions and new products; H. Prescribe and maintain such forms as reasonably necessary to the operation of this Chapter and other rules and regulations; I. Coordinate the inspection of all supplies and equipment purchased to insure conformance with specifications; J. Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of supplies and equipment which cannot be used by any department or which becomes unsuitable for City use; and K. Maintain a bidder's list, vendor's catalog file and records needed for the efficient operation of purchasing functions. 3.08.030 Additional authorization for purchasing. The Purchasing Officer, with approval of the City Council, may authorize in writing any agency or department to purchase or contract for specified supplies, services and equipment independently of the Purchasing Officer, but shall require that such purchases be made in conformity with the procedures established by this 2 Chapter. The Purchasing Officer shall also require that all documents supporting the formal or informal bidding procedures be attached to the City's copy of purchase order. 3.08.035 Estimates of requirements. All City departments shall file detailed estimates oftheir requirements in supplies and equipment in such manner, at such time, and for such future periods as the Purchasing Officer shall prescribe. 3.08.040 Requisitions. Each City departments shall submit requests for supplies, services and equipment to the Purchasing Officer by standard requisition forms, or by other means, as may be established by the purchasing rules and regulations. 3.08.045 Purchase orders. Purchases of supplies, services and equipment shall be made by purchase order, or by such other procedures established by the Purchasing Officer. 3.08.050 Encumbrance of funds. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged. 3.08.055 Inspection and testing. The Purchasing Officer or requesting department shall inspect supplies and equipment delivered and contractual services performed to determine their conformance with the specifications set forth in the order or contract. The Purchasing Officer shall have the right to waive any defect or informality. The Purchasing Officer shall have the authority to require chemical and physical tests of samples, submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. 3.08.060 Purchase Order Splitting Prohibited. The Purchasing Officer or requesting department shall not engage in contract splitting or purchase order splitting in order to avoid the bidding procedures as set forth in this Chapter. 3.08.065 City Manager. The City Manager is authorized to enter into contracts for the purchase of supplies or equipment or contracts for personal, professional, consultant and maintenance services where the amount of such contract does not exceed $15,000. 3.08.070 Exceptions to Bid Procedures. Notwithstanding the purchase procedures set forth in this Chapter, bidding procedures for the purchases of supplies, services and equipment shall not apply to the following situations: A. An emergency requires that an order be placed with the nearest available source of supply; B. The commodity or service can be obtained from only one (I) vendor; or C. Professional services contracts for accountants, attorneys, architects, engineers, surveyors, construction managers and other professionals and consultants; D. When in the best interest of the City, the City Manager may authorize the Purchasing Officer to bypass the formal bid process for the purchase of surplus property from another governmental entity; E. When in the best interest of the City, the City Manager may authorize the 3 Purchasing Officer to bypass the bid process required under this Chapter for purchases of fifteen thousand dollars ($15,000) or less; F. When in the best interest ofthe City, the City Council may authorize the City Manager or Purchasing Officer to bypass the bid process required under this Chapter for purchases greater than fifteen thousand dollars ($15,000); or G. Purchases of less than two thousand dollars ($2,000). The City Council will be advised by the City Manager of procurements over five thousand dollars ($5,000.00) which were exempted from the bid process set forth in this Chapter. OPEN MARKET PURCHASE PROCEDURES 3.08.100 Limits. Except as provided in this Chapter, purchases of supplies, equipment, contractual services and sales of personal property of an estimated value in the amount of fifteen thousand dollars ($15,000.00) or less, and in the case of public works projects in the amount of five thousand dollars ($5,000.00) or less, may be made by the Purchasing Officer in the open market as follows without observing the procedure prescribed in Section 3.08.200 through 3.08.240 3.08.110 Minimum number of bids. Open market purchases shall, whenever possible, be based on at least three (3) bids and shall be awarded to the lowest responsible bidder. 3.08.120 Request for bids. The Purchasing Officer shall solicit bids by written requests, telephone, facsimile or electronic mail, to prospective vendors. 3.08.130 Written bids. Written bids shall be submitted to the Purchasing Officer who shall keep a record of all open market orders and bids for a period of one (1) year after the submission of bids or the placing of orders. This record, while so kept, shall be open to public inspection. 3.08.230 Award. The bid shall be awarded to the lowest responsible bidder except as otherwise provided herein. Bidders located within the City of Lake Elsinore may be given a three percent (3 %) pricing allowance when calculating the lowest responsive bid due to the City of Lake Elsinore's interest in promoting growth and stimulate the local economy. . To qualify for this preference, the purchase (or portion of purchase) must be subject to sales tax collection reported as collected within the City of Lake Elsinore, the vendor has a fixed facility with employees within the City of Lake Elsinore and such vendor shall hold a current and valid City of Lake Elsinore business license. FORMAL BIDDING PURCHASE PROCEDURES 3.08.200 Procedure for purchases exceeding fifteen thousand dollars. Except as provided in this Chapter, purchases of supplies, services, equipment and the sale ofpersonal property of estimated value greater than fifteen thousand dollars ($15,000.00) shall be by written contract as follows: 3.08.205 Request for bids. Notices inviting bids shall include a general description of the articles to be purchased or sold, state where bid blanks and specification may be secured, and 4 the time and place for opening bids. 3.08.210 Notice of bids. Notice inviting bids shall be published at least five (5) days before the date of opening ofthe bids. Notice shall be published in a newspaper of general circulation in the City, and, additionally, shall be posted in at least one (1) public place in the City that has been designated as the place for posting public notices. 3.08.215 Bidder's list. The Purchasing Officer shall also solicit sealed bids from any responsible prospective suppliers. 3.08.220 Bid opening procedure. Sealed bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. It is the responsibility ofthe bidder to ensure receipt ofthe bid document by the City Clerk by the designated hour. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. 3.08.225 Rejection of bids. The Purchasing Officer may recommend to the City Manager, the rejection of any and all bids and readvertise for bids. 3.08.230 Award. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided herein. Bidders located within the City of Lake Elsinore may be given a three percent (3 %) pricing allowance when calculating the lowest responsive bid due to the City of Lake Elsinore's interest in promoting growth and stimulate the local economy. To qualify for this preference, the purchase (or portion of purchase) must be subject to sales tax collection reported as collected within the City of Lake Elsinore, the vendor has a fixed facility with employees within the City of Lake Elsinore and such vendor shall hold a current and valid City of Lake Elsinore business license 3.08.235 Tie bids. Iftwo (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the City council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of the bid opening. JOB ORDER CONTRACTING FOR NON-PUBLIC WORKS MAINTENANCE AND REPAIRS 3.08.300 Purpose. The purpose of this section and the following is to provide for the use of job order contracts that will benefit the public by providing an effective means of reducing the total.lead-time and cost for recurring expenses or purchase of unique or non-standard supplies and equipment. 3.08.305 Procedures. In lieu of the open market and formal bid procedures set forth herein, the Purchasing Officer may issue a purchase order to a job order contractor pursuant to an approved contract under Section 3.08.345 for maintenance, minor repairs, rehabilitation, or alteration of facilities that is of a recurring nature or for such other purchases of supplies and equipment which, due to the wide variation of options and cost factors, best serves the needs of the City and provides the City with the highest quality and cost effective goods and services. 5 3.08.310 Request for proposals. Notices inviting proposal shall include a general description of the supplies, equipment, or contractual services to be purchased and state where proposal blanks and specification may be secured, and the time and place for opening proposals. 3.08.315 Notice of Request for Proposals. Notice inviting proposals shall be published at least five (5) days before the date of opening of the proposals. Notice shall be published in a newspaper of general circulation in the City, and, additionally, shall be posted in at least one (1) public place in the City that has been designated as the place for posting public notices. 3.08.320 Proposer's list. The Purchasing Officer shall also solicit sealed proposals from any responsible prospective job order contractor. 3.08.325 Proposal opening procedure. Sealed proposals shall be submitted to the City Clerk and shall be identified as proposals on the envelope. It is the responsibility of the proposer to ensure receipt ofthe bid document by the City Clerk by the designated hour. Proposals shall be opened in public at the time and place stated in the public notice. A tabulation of all proposals received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the proposal opening. 3.08.330 Rejection of bids. The Purchasing Officer may recommend to the City Manager, the rejection of any and all proposals and readvertise the request for proposals. 3.08.335 Recommendation. The Purchasing Officer shall consider the following factors when recommending the selection of a job order contractor to the City Council: A. The extent to which the proposal meets the needs of the City for the equipment or supplies; B. The quality of the equipment or supplies proposed; C. The overall cost to the City ofthe proposal, including, but not limited to, pricing of the equipment or supplies, delivery schedule, terms of payment, warranties, maintenance requirements and required site preparation; D. The experience and qualifications of vendor submitting a proposal to successfully meet the requirements for the equipment or supplies; E. Previous performance ofthe vendor submitting a proposal in providing similar equipment or supplies; F. Financial ability ofthe vendor submitting the proposal to provide the equipment or supplies to the City; G. Vendor's conformity to the specifications for the equipment or supplies set forth in the request for proposal; and H. Such similar factors as may be specifically included in the request for proposal. 3.08.340 Award. Contracts for job order contractors shall be awarded by the City Council. 6 3.09.345 Term. Job order contracts shall be in writing and shall be approved by the City Council for an initial contract term of not to exceed three years. Such job order contracts shall be reviewed periodically by the City Council. SECTION 2: That Chapter 3.10 ofthe Lake Elsinore Municipal Code is hereby added as follows: CHAPTER 3.10 INFORMAL BIDDING PROCEDURES FOR PUBLIC WORKS PROJECTS 3.10.010 Purpose. The purpose of this Chapter is to establish informal bidding procedures governing the selection of contractors and the award of contracts for public works projects pursuant to Public Contract Code Sections 22032(b) and 22034, as authorized and directed by Public Contract Code Section 22034. 3.10.020 Contractor List. A. The City Engineer shall develop and maintain a list of contractors in accordance with the provisions of Public Contract Code Section 22034 and criteria promulgated by the California Uniform Construction Cost Accounting Commission. B. Any licensed contractor requesting to have his or her name placed on this list shall be included. The list may be revised from time to time to remove inactive names. A name may be considered inactive if: (i) a letter addressed to the contractor is returned without a forwarding address; or (ii) the contractor has not taken out plans for, or bid on a City project within the past two years; or(iii) a notice of disbarment of the contractor is received by the City; or (iv)The contractor is no longer licensed; or (v) the contractor withdraws his name; or (vi) other good cause as determined by the City Engineer. 3.10.025 Notice Inviting Informal Bids. A. If a public project subject to the provisions of this Chapter is to be performed, a notice inviting formal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.10.020 and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission ("Commission") in accordance with Public Contract Code Section 22036. Additional contractors and/or construction trade journals may be notified at the discretion of the City department soliciting bids. B. The foregoing notwithstanding, (i) if there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission; or (ii) if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. C. All mailing of notices to contractors and construction trade journals pursuant to subsection (a) shall be completed not less than 10 calendar days before bids are due. 7 D. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. 3.10.030 Contract Award; Changes. A. Public works projects within the limits set forth in Public Contracts Code Section 22032(a) may be performed by City employees by force account, or by negotiated contract or purchase order approved and signed by the Purchasing Officer or the City Manager, respectively. B. The Purchasing Officer and the City Manager are each authorized to award informal contracts within the limits set forth in Public Contracts Code Section 22032(b). C. If all bids received are in excess of the limits set forth in Public Contracts Code Section 22032(b), the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, within the limits set forth in Public Contract Code Section 22034(f), to the lowest responsible bidder, if the City Council determines the City's cost estimate was reasonable. D. Subject to the requirements and limitations of Public Contract Code Section 20142, the City Manager may approve changes or additions in the work being performed. Subject to the requirements and limitations of Public Contract Code Section 20143, the City Manager may include in any contract or contract specifications a provision for the performance of such extra work and the furnishing of materials therefore by the contractor as City Manager requires for the proper completion or construction of the whole work contemplated. 3.10.035 Compliance with Laws. In seeking, awarding and administering contracts pursuant to this Chapter, the awarding authority shall comply with all other applicable requirements of law and City general conditions and procedures, including but not limited to those pertaining to bonds, prevailing wages, subcontractors, notices to proceed and notice of completion, and msurance. SECTION 3: added as follows That Chapter 3.12 ofthe Lake Elsinore Municipal Code is hereby CHAPTER 3.12 SURPLUS PROPERTY 3.12.010 Surplus supplies and equipment. All City departments shall submit to the Purchasing Officer, at such times and in such form as the Purchasing Officer shall prescribe, reports showing all supplies and equipment which are no longer needed or which have become obsolete or worn out. 3.12.015 Disposition. The Purchasing Officer shall have authority to sell all supplies and equipment which cannot be used or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new supplies and equipment. 3.12.020 Notice. In the event that surplus property is to be sold, a notice inviting bids shall be published at least five (5) days before the bidding deadline or auction. Notice shall be published 8 in a newspaper of general circulation, in the City, or, alternatively, shall be posted in at least one (1) public place in the City that has been designated as the place for posting public notice~. All bids submitted to the City shall be immediately available upon request by the public and all auctions shall be open to the public. 3.12.025 No bids. If there are no bids, the property may be sold at private sale or donated as provided herein. 3.12.030 Surplus supplies and equipment--Donation. The Purchasing Officer shall have authority, subject to the approval ofthe City Manager, to donate surplus supplies and equipment subject to the following: A. Surplus supplies and equipment may be donated to nonprofit organizations or school districts located or operating within the City, or if none are identified, then to nonprofit organizations or school districts whose operations benefit Lake Elsinore residents. B. Donations made to nonprofit organizations or school districts, ("recipient entity"), shall be on a first-come, first-serve basis. C. Prior to transfer of the donated supplies or equipment, the recipient entity shall provide a statement executed by a person duly authorized to legally bind the recipient entity that the donated property will: 1. Be accepted "as is," with no express or implied warranties; and, 2. That an immediate need exists for the property and that it will be put into immediate use; and, 3. That the property not be sold or otherwise transferred for profit; and, 4. That the recipient entity shall assume all costs and liability associated with the removal and transportation of the surplus property from the City. D. City shall provide notice of the surplus property to be donated. E. If, in the opinion of the Purchasing Officer, the property to be donated pursuant to this section has a value of one thousand dollars ($1,000) or more, the Purchasing Officer shall notify the City Council, in writing, of the property to be donated, the estimated value of the property to be donated, and the recipient of the property proposed to be donated at least thirty (30) days prior to the donation of the property. 3.12.035 Surplus supplies or equipment--Scrap or other disposal of surplus supplies or equipment. A. The Purchasing Officer shall have authority, subject to the approval of the City Manager, to scrap surplus supplies or equipment if the surplus supplies or equipment cannot otherwise be traded-in, sold, auctioned, donated, or salvaged. At least thirty (30) days prior to any such action, the Purchasing Officer shall notify the City Council, in writing, of the property to be scrapped. 9 B. If after reviewing the procedures outlined herein, the Purchasing Officer determines that trade-in or sale of the surplus supplies or equipment is not practicable and after offering said surplus supplies or equipment for donation in accordance with Section 3.12.030, the Purchasing Officer may dispose of such surplus supplies or equipment as he/she determines is in the best interests of the City. Prior to such final disposition of the surplus supplies or equipment, the Purchasing Officer shall notify the City Manager and City Council of the proposed method of disposal which shall be done not less than thirty (30) days thereafter unless the City Manager or City Council directs further review or takes other action as appropriate. SECTION 4: 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 5: NOTICE OF ADOPTION The City Clerk shall certify as to adoption ofthe Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 6: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption ofthe Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this R day of October , 2003, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this ~ day of November, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: 10 AfEST: . / i , \ I, 1: ! '- }~\. , {l/Y~ Vicki Kasad, City Clerk 11 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 14th day of October, 2003; and approved upon second reading by title only on the 25th day of November, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY - , : ABSTAIN;/ COUNCILMEMBERS: ,)' .~.. \/ ; , l' l . \iiCl<I~~~~r;,\~I~Y CLERK CITY OF LAKE ELSINORE NONE (SEA..L) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1109 of said Council, and that the same has not been amended or repealed. - DATED: November 28, 2003 - ) / . , ".'. \, \.,_,'. el" /.. (~~I (-( - ~.'-'. c. """" -- -VICKI KASAD, CiTY CLERK Ct:TY OF LAKE ELSINORE (SPAL) ORDINANCE NO. 1110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2003-03 TO CHANGE THE ZONING DESIGNATION OF APN 379-230-001, -002, -004, -006, -008, -009, -010, -011, AND -012 FROM "C-2 (GENERAL COMMERCIAL DISTRICT)" AND "C-P (COMMERCIAL PARK DISTRICT)" TO "LAKE SHORE VILLAGE SPECIFIC PLAN" THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, Corman Leigh Communities has submitted an application to change the Zoning classification for the property described as APN 379-230-001, -002, -004, -006, -008, -009, -010, -011, and -012 from "C-2 (General Commercial District)" and "C-P (Commercial Park District)" to "Lake shore Village Specific Plan". The approximate 38-acre Specific Plan area is located near the westerly end of Lake Elsinore in the west-central portion of the City. Lakeshore Drive and Walnut Avenue form the northern and southern boundaries, respectively; and WHEREAS, Corman Leigh Communities has submitted additional applications for the Lakeshore Village Specific Plan and General Plan Amendment No. 2003-02; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 7, 2003 made its report upon the desirability and made its recommendations in favor of said change of zone by adopting Planning Commission Resolution No. 2003-93 recommending to the City Council approval of Zone Change No. 2003-03; 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 October 28,2003. SECTION 1. The City Council has considered the proposed Zone Change No. 2003-03, prior to approving such proposal. The City Council finds and determines that Mitigated Negative Declaration No. 2003-03 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of Zone Change No. 2003-03, based upon the following findings and determinations: 1. The City Council finds that Mitigated Negative Declaration No. 2003-03 has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and are complete and adequate in its evaluation of all environmental effects of the Lakeshore Village Specific Plan and associated discretionary approvals. The Lakeshore Village Specific Plan and associated discretionary approvals will not result in any significant and unavoidable impacts with implementation of mitigation measures. 2. The City Council finds that the proposed applications will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. ""' ORDINANCE NO.lllO PAGE 2 3. The City Council finds that the proposed applications do not have the potential to adversely affect humans, either directly or indirectly. 4. The City Council fmds that Mitigated Negative Declaration No. 2003-03 is complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. SECTION 2: The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the property described as Assessor's Parcel Number: 379-230-001, - 002, -004, -006, -008, -009, -010, -011, and -012 from "C-2 (General Commercial District)" and "C-P (Commercial Park District)" to "Lake shore Village Specific Plan", and that said real property shall hereafter be subject to the provisions and regulations of the Lakeshore Village Specific Plan. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE THAT: SECTION 3: Upon the recommendation of the Planning Commission and based upon the Findings adopted herein, the City Council approves Zone Change No. 2003-03. In this regard the City Council makes the following Findings based upon substantial evidence contained in the record of these proceedings: 1. Zone Change No. 2003-03 will not be: a) detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed Zone Change area or within the City, or b) injurious to property or improvements in the neighborhood or within the City. 2. Zone Change No. 2003-03 will be consistent with the Goals, Objectives, and Policies of the General Plan and standards established in the Municipal Code. 3. Zone Change No. 2003-03 will not have a significant effect on the environment. SECTION 4: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 28th day of October, 2003, by the following vote: AYES: COUNCILMEMBERS: KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE HICKMAN ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: BUCKLEY ~, .. :i. ,~.., -- ; ORDINANCE NO. .J110 PAGE 3 PASSED, UPON SECOND READING this 25 day of November, 2003, by the following vote: HICKMAN, KELLEY, SCHIFFNER COUNCILMEMBERS: AYES: NONE COUNCILMEMBERS: NOES: BRINLEY BUCKLEY /l )~~ " d)7 l i~/~LfZ/-1/1.--' Pam Bri ey, Mayor / / . City of Lake Elsinore ( ../ COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: ( '''"- r~) City Clerk Vicki Lynne Kasa. APPROVED AS TO FORM AND LEGALITY: (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 28th day of October, 2003, and approved upon second reading on the 25th day of November, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: NONE rABSENT: COUNCILMEMBERS: I 0J:Z~~TyC::;LMEMBERS: CITY OF LAKE ELSINORE BRINLEY BUCKLEY (SEAL) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1110 of said Council, and that the same has not been amended or repealed. ( DrTE~.\,:!Uary 28, 2. 004 21 (\: - <'.il . (...A..(~,{.c. ..'f...O_!?:> VICKI KASAD, CIT CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE LAKE SHORE VILLAGE SPECIFIC PLAN THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, Corman Leigh Communities has submitted an application for the Lakeshore Village Specific Plan. The approximate 38-acre Specific Plan area is located near the westerly end of Lake Elsinore in the west-central portion of the City. Lakeshore Drive and Walnut Avenue form the northern and southern boundaries, respectively; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 7, 2003 made its report upon the desirability and made its recommendations in favor of the Lakeshore Village Specific Plan by adopting Planning Commission Resolution No. 2003-94 recommending to the City Council approval of the Lakeshore Village Specific Plan; and WHEREAS, the City Council held a duly noticed public hearing on October 28, 2003, for the purposes of considering the Lakeshore Village Specific Plan; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on October 28, 2003; WHEREAS, the conditions recommended by the Planning Commission will be incorporated into the Lakeshore Village Specific Plan to ensure that the issues identified by the Planning Commission have been resolved. SECTION 1. The City Council has considered the proposed Lakeshore Village Specific Plan, prior to approving such proposal. The City Council fmds and determines that Mitigated Negative Declaration No. 2003-03 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Lakeshore Village Specific Plan, based upon the following findings and determinations: 1. The City Council finds that Mitigated Negative Declaration No. 2003-03 has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and are complete and adequate in its evaluation of all environmental effects of the Lakeshore Village Specific Plan and associated discretionary approvals. The Lakeshore Village Specific Plan and associated discretionary approvals will not result in any significant and unavoidable impacts with implementation of mitigation measures. 2. The City Council finds that the proposed applications will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. ORDINANCE NO. 1111 PAGE 2 3. The City Council finds that the proposed applications do not have the potential to adversely affect humans, either directly or indirectly. 4. The City Council fmds that Mitigated Negative Declaration No. 2003-03 is complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE THAT: SECTION 2. Upon the recommendation of the Planning Commission and based upon the Findings adopted herein, the City Council hereby approves and adopts the Lakeshore Village Specific Plan. In this regard the City Council makes the following Findings based upon substantial evidence contained in the record of these proceedings: 1. The City Council finds that the Lakeshore Village Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. The Lakeshore Village Specific Plan shall be implemented consistently with the Goals, Policies and Objectives of the General Plan; and with any other applicable plans or policies adopted by the City. 3. Those issues, standards, guidelines, etc. not addressed in the Lakeshore Village Specific Plan will revert to the City Municipal and Zoning Codes in effect at the time future development is proposed. 4. Development standards and regulations contained in the Lakeshore Village Specific Plan supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of the Lakeshore Village Specific Plan shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. 5. Location of the Lakeshore Village Specific Plan allows future development to be well-integrated with its surroundings. 6. The Lakeshore Village Specific Plan will be adequately serviced by existing and/or future public facilities and services. 7. Overall design of the Lakeshore Village Specific Plan will produce attractive, efficient and stable development. 8. The Lakeshore Village Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. ORDINANCE NO. ]111 PAGE 3 SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 28th day of October, 2003, by the following vote: NOES: COUNCILMEMBERS: KELLEY, SCHIFFNER, BRINLEY BUCKLEY AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, UPON SECOND READING this25 th of November, 2003, by the following vote: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER BUCKLEY AYES: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBER$: ./ ABSENT: COUNCILMEMBERS: .I (SEAL) 'i ~ :~~ ..,~ :J 1."'" r" r 0 1I~1d~ ~ 0 0 ~ c ;Ill z " ;Ill . 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Ii: l!l ~ ~ a x x ~ :II I!J 2J :t -~ ~ ~ ~ ii ~ ~ ~ ~ !j ~ i ~ ~ ~ o ;n ~ l!l (..............-......-................-.--........-...............-................................................................. j I I ! ):> Al ."... ~,., ,_I >>:>:: '. .' ...'.-.:~~::: ::: :i~:~:~:'~ >::o:~:::: >~tf:~:~ ::....::..:....:~:.:::..:: '.\<:n:; -.:::..::: :::~: ": .:~.:-' .... ~::'~:'~:'~.. . ~ r- ~ c: -1 o ~ ~ -- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 28th day of October, 2003, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: ()\AB~~/", ",1' OUNCILMEMBERS: CJJ,-,:Y~'~ j~>~J~' ,j VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE BRINLEY NONE (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1111 of said Council, and that the same has not been amended or repealed. DA fED:. December 8, 2003 2: If Y .' J\. '~cYc,- J.d.,:.c/cl VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1112 ORDINANCE OF 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) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.3 AND ANNEXATION AREA NO.4 ANNEXED TO SAID DISTRICT WHEREAS, on October 14, 2003, the City Council (the "Council") of the City of Lake Elsinore, California (the "City") adopted Resolution No. 48 stating its intention to annex certain property ("Annexation Area No.3") 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, on October 14, 2003, the Council adopted Resolution No. 49 stating its intention to annex certain property ("Annexation Area No.4") into the District pursuant to the Act; and WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No.3 and Annexation Area No.4 into the District; and WHEREAS, on November 25, 2003 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No.3 and Annexation Area No.4 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. 3 and Annexation Area No.4 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.3 and Annexation Area No.4 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2003-56 determining the validity of prior proceedings relative to the annexation of Annexation Area No. 3 and Annexation Area No.4, annexed Annexation Area No.3 and Annexation Area No.4 into the District and authorized the levy of a special tax within Annexation Area No. 3 and Annexation Area No.4; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2003-57 which called an election within Annexation Area No. 3 and Annexation Area No. 4 for November 25, 2003 on the proposition of levying a special tax; and WHEREAS, on November 25,2003 an election was held within each Annexation Area No.3 and Annexation Area No.4 in which the eligible electors approved by more than two- thirds vote the proposition of levying a special tax; 45367598.1 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 ORDAIN AS FOLLOWS: Section 1. A special tax is levied within the boundaries of Annexation Area No.3 and Annexation Area No.4 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. 3 and Annexation Area No. 4 prior to the annexation of Annexation Area No.3 and Annexation Area No.4 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 provided 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. 2003-56 of the Council. 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. 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. 45367598.1 2 INTRODUCED November AND ADOPTED upon first reading this 25th ,2003, upon the following roll call vote: day of AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED upon second reading, this 9th day of December ,2003. AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - ;zfEST. City Clerk of the City 0 Lake Elsinore 45367598.1 3 STATE OF CALIFORNIA ) )ss. ) COUNTY OF RIVERSIDE I, Vicki Kasad , 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 December ,2003, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE By:2[~:- D City Clerk of the City of Lake Elsinore - 45367598.1 4 NOTICE OF ADOPTION OF ORDINANCE NO. 1112 NOTICE IS HEREBY GIVEN that on Opr.pmbpr 9, 2003, 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 Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services), held a public hearing and adopted Ordinance No. 1112 . A summary of Ordinance No. 1112 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. llI? was adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER BUCKLEY NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ,2003 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 PARA~DIC SERVICES) By ?ltO~ ~ City Clerk of the City of Lake Elsinore Dated: December 18 45367598.1 5 EXHIBIT "A" BEFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) I N THE MATTER OF Authorizing the Levy of a Special Tax Within Annexation Area No.3 and Annexation Area No.4 Annexed to City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) ) ORDINANCE NO. ) ) ) ) ) ) 1112 SUMMARY The ordinance authorizes levy of an annual special tax within Annexation Area No.3 and Annexation Area No. 4 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.3 and Annexation Area No.4 prior to the annexation of Annexation Area No.3 and Annexation Area No.4 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.3 and Annexation Area No.4. DATED: December 18 ,2003 CITY t ,LAKE ELSINORE BY:?~ y~ City Clerk of the City of Lake Elsinore 45367598.1 ORDINANCE NO. 1113 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING AND RESTATING CHAPTER 5.28 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING CARDROOMS WHEREAS, Chapter 5.28 of the Lake Elsinore Municipal Code establishes regulations for the operation of Cardrooms in the City; and WHEREAS, the Gambling Control Act, California Business & Professions Code Sections 18000, et seq., was recently amended to include certain additional requirements regarding the regulation of gambling establishments by local jurisdictions; and WHEREAS, the Department of Justice, Division of Gambling Control, has requested that the City make specific changes to Chapter 5.28 of the Lake Elsinore Municipal Code; and WHEREAS, it is the purpose and intent of the City Council of the City of Lake Elsinore to amend Chapter 5.28 of the Lake Elsinore Municipal Code in order to comply with the requirements of the Gambling Control Act and the requests made by the Department of Justice, Division of Gambling Control; and WHEREAS, the City Council of the City of Lake Elsinore specifically desires to amend and restate Chapter 5.28 of the Lake Elsinore Municipal Code in its entirety in order to include, among other things, provisions regarding (1) terms on Cardroom licenses and employee permits, (2) the total number of card tables in each Cardroom, (3) the total number of cardrooms in the City, (4) requirements with respect to cardroom employees and admittees, and (5) the abandonment of a cardroom license. NOW THEREFORE, the City Council of the City of Lake Elsinore does hereby ordain as follows: SECTION 1. AMENDMENT AND RESTATEMENT OF CHAPTER 5.28 OF THE LAKE ELSINORE MUNICIPAL CODE Chapter 5.28 of the Lake Elsinore Municipal Code is hereby amended and restated to read in its entirety as set forth on EXHIBIT A attached hereto and incorporated herein by this reference. SECTION 2. SEVERABILITY Final Cardroom Ordinance 2003 12/03/03 - 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: URGENCY The City Council declares that immediate adoption of the proposed Ordinance is necessary and appropriate to (i) permit the City to enforce certain sections of the proposed Ordinance which protect the public peace and safety, specifically those sections relating to employees and patrons of the Cardroom; (ii) ensure consistency with State law; and (iii) provide uninterrupted operation of the existing Cardroom in compliance with State and local law, thereby protecting the peace and safety of the patrons and employees of the existing Cardroom and the residents of the City. Accordingly, the City Council hereby finds that for the immediate preservation of the public peace and safety, this Ordinance shall take effect immediately upon passage by a four-fifths vote of the City Council. PASSED, AS AN URGENCY ORDINANCE, this ~ day of December, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, RUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this ~ day of December , 2003, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, RUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Final Cardroom Ordinance 2003 2 12/03/03 ATTEST: 2fJl W Vicki Kasad, City Clerk APPROVED AS TO //J ibol ,City Attorney eibold, McClendon & Mann, P.C Final Cardroom Ordinance 2003 3 12/03/03 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 9th day of December, 2003; and approved upon second reading by title only on the 9th day of December, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE . j~BS~4/ (COUNCILMEMBERS: ~~CLERK CITY OF LAKE ELSINORE NONE (SEAL) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1113 of said Council, and that the same has not been amended or repealed. ~82003 VICKI I0\.SAD, CITY CLERK Cny OF LAKE ELSINORE (SEAL) - Sections: 5.28.010 5.28.020 5.28.030 5.28.050 5.28.060 5.28.070 5.28.110 5.28.130 5.28.140 5.28.150 5.28.160 5.28.170 5.28.180 5.28.190 5.28.200 5.28.210 5.28.220 5.28.230 5.28.240 5.28.250 5.28.260 5.28.270 5.28.280 5.28.010 Definitions. Chapter 5.28 CARDROOMS Definitions. Permit and license-Required. Maximum number of permits. Building, parking and land requirements. Fees. Permit fee-Increases. Transferability . Permit and license-Renewal. Number of tables. License--Grounds for denial. License-Revocation or suspension-Procedure. License-Revocation or suspension--Grounds. Employee registration; Renewal; Identification. Business hours. Location; change of location. Discrimination prohibited. Security and policing. Operation in conformity to laws. Persons under twenty-one years of age prohibited. Liquor sales. City Manager authority-Confidentiality of information. Wagering limits, house rules and posting requirements. Abandon~ent of cardroom license. \ ) "Act" means the Gambling Cont~ol Act, California Business and Professions Code Section,S 19800 et seq., as may be amended from time to time. "Applicant" means and includes any person defined as a "person" herein who files an application to procure a license or permit to conduct a cardroom. "Application" means and includes any document, paper, questionnaire, financial statement, which is required to be filled out by the applicant as a prerequisite for the consideration by the Council in determining whether or not a permit is to be issued to the applicant. "Card games" means and includes any and all games not specifically prohibited by Section 330 of the Penal Code of the State. "Cardroom" is a place which is duly licensed as provided in this chapter, containing tables and other similar conveniences, for the playing of such games as may be permitted under the provisions of Section 330 of the Penal Code of the State. "City" means the City of Lake Elsinore, California. ) EXIDBIT A December 2003 City of Lake Elsinore Municipal Code Chapter 528 Cardrooms "City Council" means the City Council of the City of Lake Elsinore, California. "Commission" means the California Gambling Control Commission. "Conduct" means and includes to engage tn, transact, maintain, manage, open, establish, - operate, play, deal and cany on. "Employee" means any natural person employed in the operation of the cardroom, including, without limitation, dealers, floor personnel, security employees, countroom personnel, collection personnel, cage personnel, surveillance personnel, data-processing personnel, appropriate maintenance personnel, waiters and waitresses and secretaries, or any other natural person whose employment duties require or authorize access to cardroom areas. "Licensee" or "permittee" means and includes any person as defined in this chapter as a "person" who has been issued a cardroom license or permit under the provisions of this chapter. "Person" means and includes any individual, combination of individuals, firm, association, corporation, partnership, joint venture, organization, or other entity authorized by law. "Point holder" means and includes any person defined as a "person," having any interest whatsoever in a cardroom or its operation, whether the interest is legal, equitable, or otherwise, to the extent of three percent or more interest. "Gross receipts (revenue)" means and includes seat rental fees and any and all table revenue, as provided for in Chapter 5.28, but does not include fees (receipts) charged and collected from players, that are returned to the players as tournament or jackpot bonuses. (Ord. 1009 ~ 4 (part) 1995; Ord. 977 .~ 1, 1994; Ord. 718 ~ 3 (part), 1984; Ord. 522 ~ 2, 1973) 5.28.020 Permit and license-Required. It is unlawful for any person to attempt to establish, open, operate, or maintain any cardroom wherein card games are conducted without first having obtained a permit and . license from the City to do so. A permit or license shall only be issued hereunder to an applicant who holds a valid gambling club license issued under the Act. (Ord. 1009 ~ 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. .522 ~ 2, 1973) - 5.28.030 Maximum number of permits. The number of cardroom establishment permits issued within the City of Lake Elsinore shall not exceed sixteen (16) permits. More than one permit may not. be held by a single person or entity. In determining to issue any permits subsequent to the date of the enactment of this subsection, the City Council shall consider the relative. location . of existing cardroom(s) to the proposed additional cardroom, the impact of any subsequent permits on existing cardroom(s), the financial impact on the City of Lake Elsinore, and any other matters deemed by the City Council to be appropriate. The relative weight each of the factors receives and the determination as to whether or not to issue an additional permit(s) shall be within the complete discretion of the City Council. (Ord. 1009 ~ 5, 1995) 5.28.040 Term of Liceuse;Rcnewal. Each permit for a gambling establishment issued hereunder shall be valid for two (2) years. At least sixty (60) days prior to the expiration of a permit issued hereunder, the permit holder shall submit a completed renewal application, under penalty of perjury, on a form provided by the City, accompanied by a copy of the applicant's current,non~revoked license issued pursuant to the Act, to the City. The renewal application shall be accompanied by a nonrefundable fee in an amount established by resolution of the City Council, to defray the costs of investigation of the appl icant. - City of Lake Elsinore Mooicipal Code Oiapter 5.28 Cardrooms 2 December 2003 - 5.28.050 Building, parking and land requirements. No application for a license or permit under this chapter shall be considered or granted by the City unless the land area upon which said business is to be conducted contains at least five acres of ground and the portion of the building to be devoted to cardroom activities consists of not less than four thousand five hundred square feet, together with a restaurant facility consisting of not less than two thousand five hundred square feet, together with paved parking facilities for not less than three hundred automobiles, together with acceptable lighting, driveways and landscaping as may be required by the City. (Ord. lO09 ~ 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. 522 9 5, 1973) 5.28.060 Fees. The following fees shall be paid by the applicant to the City as follows: A. An application fee in the amount of five thousand five hundred dollars shall be paid by the applicant to the Administrative Services Director upon the filing of any application which is to be used to defray the costs of a complete investigation of the applicant and of all other matters contained in the application and shall not be returned to the applicant whether said license or permit is granted or denied. B. Effective December 31, 1993, a quarterly license fee of two thousand two hundred fifty dollars plus seventy-five dollars for each gaming table in excess of the minimum number of tables as set forth in Section 5.28.140, said license fee to be paid in advance for each calendar quarter no later than the fifteenth day of the first month of that quarter. C. A quarterly permit fee in addition to the fees in paragraphs A and B above based upon a percentage of gross receipts according to the schedule set forth below, with a minimum of two thousand two hundred fifty dollars, said fee to be paid by the fifteenth day of the month following the ) end of the calendar quarter. The quarterly permit fee will be one percent of gross revenue not to exceed the amount listed. on the quarterly permit fee schedule. D. Permit fee schedule per quarter effective 12/31193: Gross Revenue $3,000,000-$4,000,000 $6,000 +3.0% of excess over $2,000,000 $36,000 +35% of excess over $3,000,000 $71,000 +4.0% of excess over $4,000,000 $111,000 +5.0% of excess over $5,000,000 $2,000,000-$3,000,000 $4,000,000-$5,000,000 $5,000,000 and over E. Quarterly license fee, table fee, and permit fees will become effective as follows for holder of license on December 31, 2003: Type of Fee Effective Date 12/31/03 Quarterlv License Fee $5,000 City of Lake Elsinore Municipal Code Chapter 5.28 Cardrooms 3 December 2003 14 Tables Additional Tables (OJ $400 Quarterly Permit Fee $6,000 F. Any license authorized and issued by the City Council after January I, 1994 will pay the quarterly fee identified as Eff. 12131198. - G. License and permit fees acquired prior to any quarterly date as referred to above, shall be prorated to the nearest quarterly payment date and thereafter such renewals shall be made in strict compliance with the provisions of this chapter. (Ord. 1009 ~ 4 (part), 1995; Ord. 980 ~ 4, 1994; Ord. 969 ~ 4, 1993; Ord. 914 ~ I, 1991; Ord. 911 ~ II, 1991; Amended 1987; Ord. 718 ~ 3 (part), 1984; Ord. 522~ 6,1973) H. The City shall be permitted, upon reasonable notice and during regular business hours, to audit the books and records of any license holder hereunder for the purpose of determining compliance with this Chapter. 5.28.070 Permit fee-Increases. Effective as of January 1, 1974, the permit fees shall be increased to the sum of seven hundred fifty dollars quarterly, and thereafter shall be increased as follows: A. As of January 1, 1976, the permit fees shall be increased to the sum of one thousand dollars quarterly. B. As of January I, 1978, the permit fees shall be increased to the sum of twelve hundred fifty dollars quarterly. C. As of January I, 1980, the permit fees shall be increased to the sum of fifteen hundred dollars quarterly. (Ord. 1009 ~ 4 (part), 1995; Ord, 718 ~. 3 (part), 1984; Ord. 522 ~ 7, 1973) - 5.28.110 Transferability. No license granted herein shall be transferable without prior approval of the City Council, and no licensee shall acquire any property rights to the license which may be granted under this chapter without such prior approval. Any proposed transferee must be in possession of any and all licenses and permits required by the Act and any other applicable federal, state and local laws. Any transfer or attempted transfer of any license granted herein without such prior approval shall constitute a ground for revocation or suspension of any license. (Ord. I 009 ~. 4 (part), 1995; Oed. 718 ~ 3 (part), 1984; Ord. 522 ~ 11, 1973) 5.28.120 Reserved. 5.28.130 Declaration filed with quarterly permit and license fees. A declaration, substantially in "the following form, shall be filed with the City Manager on a quarterly basis at such time as the permittee or licensee remits its quarterly fees in accordance with Section 5.28.060: "(Indicate one) "'A. There has been no change in ownership. "8. There shall be a change in ownership. (Fully ,explain in detail such change.) - City of Lake Elsinore Municipal Code Cllapter 5.28 Cardrooms .' 4 December 2003 - "C. The operation of the cardroom is, and at all times during the past quarter has been, operated in compliance with all applicable federal, state and local laws. "I declare under penalty of perjury that the foregoing is true and correct. (Signed) Title-Permittee, Managing Director, Authorized Agent, Corporate Officer" (Ord. 1009 ~ 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. 522 ~ 13, 1973) 5.28.140 Minimum number of tables. No license or renewal thereof shall be issued for a cardroom with less than fourteen (14) card tables or more than one hundred (100) card tables. In addition, no more than five hundred (500) card tables at no more than sixteen (16) establishments are authorized to operate in the City as a whole. (Ord. 1055 ~ 1, 1999; Ord. 1009 ~ 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. 522 S 14, 1973) 5.28.150 License - Grounds for denial. The following shall be considered sufficient grounds for the denial of a request for a license for a cardroom establishment: A. The unsuitability ofthe proposed location or the construction or arrangement therein; B. The applicant, investor or other interested party having previously had a license revoked for any cause; C. The application does not meet the requirements as set forth in this chapter; D. The applicant is disqualified for any of the reasons set forth in the Act, as may be aJl1ended from time to time, including, without limitation, Section 19859 thereof; E. community; The granting of the license would be contrary to the public peace and welfare of the F. The applicants, based upon the examination of the persons whose names appear on the application are determined to be persons who have been convicted of a felony, or any other crime, which, at- the council's discretion, may be considered injurious to the welfare of the residents of the City. (Ord. 1009 S 4 (part), 1995; Ord. 718 ~ 3(part), 1984; Ord. 540 9 2, 1975; Ord. 522 ~.15, 1973); G. Failure of the proposed licensee to (i) obtain any and all licenses and permits required by the Act to be held by the licensee and its employees and independent agents; (ii) maintain such licenses and permits in accordance with the Act; or (iii) otherwise comply with the Act and any other applicable federal, state or local laws; or H. The issuance of the permit or license hereunder is objected to by the State Department of Justice, Division of Gambling Control and any successor divisions or agents of the State of California that may have responsibility for, and jurisdiction over, gambling control within the State. 5.28.160 License-Revocation or suspension-Procedure. Any license issued pursuant to the provisions of this chapter may be revoked or suspended by the City Council upon written notice given to the licensee in person or by registered mail, setting forth the ground or grounds of the alleged violation. In the event that notice is given, said notice shall further notify the licensee ofthe hearing to be conducted before the City Council, setting forth the date, time and place of such ) hearing. Said notice shall be delivered in person or mailed by registered mail at least ten days prior City of Lake Elsinore Municipal Code Olapter 5.28 Cardrooms 5 December 2003 to said hearing to the licensee at the address shown in the original application or annual applications. At the time of the hearing, the licensee shall be required to show cause why said license should not be revoked. At said hearing, testimony shall be received by the City Council, both on behalf of the City and any of its officers, agents, or employees or other interested persons as well as testimony on the part of the licensee. At the conclusion of said hearing, the City Council shall make a - determination based upon the evidence received, whether the grounds for said revocation or suspension are sufficient or not, and its determination shall be final. (Ord. 1009 ~ 4 (part), 1995; Ord. 718 ~ 3(part), 1984; Ord. 522 ~ 16(A), 1973) 5.28.170 License--Revocation or suspension-Grounds. The following are considered sufficient grounds for the revocation or suspension of any license granted under this chapter: A. The nonpayment of any application fee or license fee provided by this chapter or any other fees required by any other ordinance of the City; B. Failure of the licensee to abide by the provisions of this chapter; C. Conviction of the licensee of a violation of any law which renders the licensee unfit to continue to participate in the cardroom business; D. The failure of the licensee to commence an operation of said cardroom business within one hundred eighty days from the granting of any license or such additional time as may be specified by the City Councilor if the licensee fails to operate said business in a businesslike and dignified manner; E. Failure of the proposed licensee to (i) obtain any and all licenses and permits required by the Act to be held by the licensee and its employees and independent agents; (ii) maintain such licenses and permits in accordance with the Act; or (iii) otherwise comply with, the Act and any other applicable federal, state or local laws; or - F. If the licensee at any time effects a change in its corporate name, officers, manager, responsible operating man~ger, stock ownership, or other corporate structure, including any investors, said licensee shall within ten days from such change notify the City Council and shall receive the approval of the City Council, and the failure to do so constitutes a further ground of the revocation of the license. Further, in the event such change triggers a requirement under the Act or any Qther applicable federal, state or local laws to obtain new or different licenses or permits under such laws, failure to obtain such licenses or permits constitutes a further ground for revocation of the license. (Ord. 1009 ~ 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. 540 ~ I, 1975; Ord. 522 ~ 16 (B), 1973) 5.28.180 Employee registration; Renewal; Identification. A. It is unlawful for any permittee and/or licensee to employ any Employee without such person having been fingerprinted and photographed by the law enforcement agency oftheClty, subject to the conditions and provisions set forth in this section. The law enforcement agency of the City is the Riverside County Sheriffs Department, hereinafter called "SheriWsDepartment." B. Any Employee employed by any licensed cardroom or card club in the City shall, prior to commencement of such employment, report to the Sheriffs Department and submit to fingerprinting and photographing for identification purposes. An application shall be made for a work permit at this time, on a form furnished by the Sheriff s Department. A fee in the sum to be set by resolution of the City Council shall be paid to the Sheriffs Department to cover the costs of such fingerprinting and - City of Lake Elsinore Municipal Code OIapter 5.28 Cardrooms 6 December 2003 -. photographing and identification card. The Employee shall not commence employment by the licensed cardroom or card club in the City until a work permit has been issued by the Sheriff's Department. C. A work permit shall be issued by the Sheriffs Department if the applicant is the holder of, and has supplied copies of, an unrevoked permit issued under the Act within twelve (12) months of the date of the application. If the applicant does not hold a valid permit issued under the Act, in recognition of the delays which may be encountered in obtaining all information on each applicant under this section, the Sheriff's Department is authorized to issue temporary work permits which shall be valid for a period not to exceed sixty (60) days. If additional time is required, subsequent temporary work permits may be issued which will be valid for the same time period. Such temporary work permits shall include such terms and conditions as may be determined by the Sheriffs Department. The Sheriff's Department has the right to refuse issuance of a temporary work permit if preliminary information exists to justify such refusal. If a temporary work permit is issued, the Sheriff's Department shall issue a (non- temporary) work permit upon satisfactory completion of all background checks and obtainment of all necessary information. D. It shall be the responsibility and duty of the City Clerk to establish the necessary procedures to implement and process the provisions of this section in cooperation with the Sheriff's Department. E. The information received by the City Clerk and the Sheriffs Department pursuant to the. provisions of this section shall be treated as confidential and shall be accessible only to the. City Manager, City Clerk, Sheriffs Department, and to the Managing Director, permittee and/or licensee of the respective licensed cardrooms or card clubs in the city. F. Each holder of a permit issued hereunder shall obtain from the Sheriff's Departmentan identification card, setting forth, at a minimum, the name of the employee ahd his or her picture. Each employee shall wear such identification card in a conspicuous place attached to the clothing While performing his or her duties at the licensed cardroom. The identification card shall remain the property of the Sheriff's Department. Any identification cards, papers or permits issued to the employee shall be returned to the Sheriffs Department upon termination of employmentwith said cardroom. , ) G. The Sheriffs Department shall deny an application for a work permit or revoke an existing work permit for any applicant who is: (1) disqualified for any of the reasons set forth in Business and Professions Code Section 19859, as may be amended from time to time; or (2) objected to by the State Department of Justice, Division of Gambling Control and any successor divisions or agents of the State of California that may have responsibility for, and jurisdiction over, gambling control within the State. (Ord. 1055 ~ 2, 1999; Ord. 1009 ~. 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. 544 ~ 1, 1975; Ord. 540 ~ 3, 1975; Ord. 522 ~ 17, 1973) H. A work permit shall be valid for two years. It shall be renewable at the end of each second year upon filing a new application and a renewal fee, in an amount established by resolution of the city council. 5.28.190 Business hours. Every licensee or permittee shall be permitted to keep said business open for operation for up to twenty-four-hours a day, seven days a week; however, each licensed establishment hereunder shall comply with any hours of operation set forth in the permit issued by the City hereunder. (Ord. 1009 ~ 4 (part), 1995; Oed. 718 ~3 (part), 1984; Oed. 522 ~ 18,1973) 5.28.200 Location; change of location. I ; City of Lake Elsinore Municipal Code OIapter 5.28 Cardroorns 7 ' December 2003 A. The location of cardrooms shall comply with the Zoning Ordinance of the City of Lake Elsinore and meet the requirements of this chapter. B. Any change in location of a cardroom may be made only after written request by the permittee/licensee to the City Clerk and approval of the new location by the City Council. (Ord. 1055 ~ 3,2000; Ord. 1009 ~ 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. 522 ~ 19, 1973) - 5.28.210 Discrimination prohibited. It is unlawful for any licensee to discriminate in the employment of any person on account of race, color, sex, religion, national origin or ancestry. (Ord. 1009 ~ 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. 522 ~ 20, 1973) 5.28.220 Security and policing. A. At the option of the permittee and/or licensee, the City Manager shall direct the local law enforcement agency to deputize such person or persons, provided they are acceptable, as may be designated by any licensee for proper security and policing of card clubs licensed under this chapter. Any and all costs for such security and policing shall be borne by the licensee thereof. (Ord. 1009 ~ 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. 522 ~ 21, 1973) B. Each permittee or licensee shall have in effect a security plan to address the security and safety of patrons in and around the cardroom. 5.28.230 Operation in conformity to laws. Nothing contained in this chapter shall in any manner whatsoever be construed"as permitting any playing of games or gaming, prohibited by the laws of the state. Each and all such games to be played shall be operated in full conformity, with and subject to ~ll of the laws of the State, and the terms, conditions and provisions of this chapter. Each permittee and licensee hereunder shall comply with the Actaild any and all applicable federal, state and local laws. (Ord. 1009 ~ 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. 522 ~ 22, 1973) - 5.28.240 Persons under twenty-one years of age pr4)hibited. It is unlawful for any licensee or any other person operating under the provisions of this' chapter to permit any person under the age of twenty-one years to enter into any cardroom. (Ord. 1009 ~ 4 (part), 1995; Ord. 718~ J (part), 1984; Ord. 522 ~ 23, 1973) 5.28.250 Liquor sales. Any sale of liquor by the licensee or any other person operating under this chapter shall be pursuant to a liquor license obtained from the State of California Department of Alcoholic Beverage Control and pursuant to the rules and regulations adopted thereby. (Ord. 1015 ~5, 1996) 5.28.260 City Managerauthority-Confidentiality of information. All applications, fingerprinting reports and financial statements shall be entrusted to the City Manager and shall be held by him or her in confidence, except as necessary for the City Manager to report certain information to the City Council, Sheriff or Commission, or as may be otherwise required by law. The City Manager shall have the right to review the books, papers and records of all licensees to determine the ownership of said licenses as well as to verify all financial statements of any licensee or applicant which he deems necessary to properly administer and carry out the provisions of this chapter. All such investigations conducted by the City Manager shall be confidential except as necessary to inform the City Council, Sheriff or Commission, or as may be otherwise required by law. (Ord. 1009 ~ 4 (part), 1995; Ord. 718 ~ 3 (part), 1984; Ord. 522 ~ 25, 1973) 5.28.270 Wagering limits, house rules and posting requirements. - City of Lake Elsinore Municipal Code O1apter 528 Cardroorns 8 December 2003 '. ........'- --':".' - A. All table and wagering limits shall be fixed by the cardroom in its discretion and shall comply with all applicable Federal, State and local laws, ordinances and regulations. B. There shall be posted in a conspicuous place in the cardroom the following: I. The minimum buy-in, wagering limits, and any and all charges or other fees assessed players at a table; 2. A set of detailed house rules applicable to the games played, which shall be posted in the form of a printed rule book; 3. A copy of the current valid city license/permit and the licensee's current gambling license issued under the Gambling Control Act as codified in Division 8, Chapter 5 of the California Business and Professions Code; 4. The hours during which the cardroom will remain open for business. 5.28.280 Abandonment of cardroom license. A. A cardroom license shall be deemed to be abandoned and null and void under the following conditions: I. The operation of the cardroom has not commenced within one year after the issuance of the cardroom license. 2. The cardroom has failed to conduct legal gambling for a period of six months. ) - B. If the City determines that a cardroom license has been abandoned pursuant to this section, he or she shall notify the licensee in writing either by personal delivery or by first class mail addressed to the licensee at the address listed in the license application, or any. more recent address furnished to him by the licensee. The notice shall state that the City has determined that the license has been abandoned and is null and void; and the reasons for such determination. The notice shall furth~r state that the licensee may file a notice of appeal of such decision to the City Council by filing such notice with the city clerk within ten city business days of the date of the notice. C. If the licensee fails to file a notice of appeal with. the City Clerk not later than ten city business days from the date of notice, the termination by the City shall become final and conclusive. If a notice of appeal is timely filed, accompanied by payment of an appeal fee, in an amount established by resolution of the City Council, the City Clerk shall schedule the matter for hearing before. the City Council. The City Clerk shall provide at least ten city business days' notice of the date, time, and place of the hearing to the licensee. - City of Lake Elsinore Municipal Code Olapter 528 Cardrooms 9 December 2003