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HomeMy WebLinkAbout02-10-2015 City Council MinutesCI,Y OI LAI /,E L S I HC.) KF D lLlA Tuesday, February 10, 2015 CALL TO ORDER 5:00 P.M. City of Lake Elsinore Meeting Minutes City Council STEVE MANOS, MAYOR BRIAN TISDALE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITY MANAGER 7:00 PM Mayor Manos called the City Council Closed Session meeting to order at 5:00 p.m. ROLL CALL LAKE- ELSINORE.ORG (951) 674 -3124 PHONE CULTURALCENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Present: Council Member Hickman, Council Member Magee, Council Member Johnson, Mayor Pro Tem Tisdale, and Mayor Manos. Also Present: City Manager Yates, City Attorney Leibold, Administrative Services Director Simpson, Community Development Director Taylor, and Deputy City Clerk Gir6n. CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Castle & Cooke Lake Elsinore West, Inc. v. City of Lake Elsinore Superior Court Case No. MCC 1301756 CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code § 54956.9: (2 potential cases) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code § 54956.8) Property: APN #370 - 120 -045 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Richard Kane & Darlene Ryan Under negotiation: Price and terms of payment City of Lake Elsinore Page 1 Cultural Center City Council Meeting Minutes February 10, 2015 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code § 54956.8) Property: APN # 389 -461 -003 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Spectrum Services on behalf of Verizon Wireless Under negotiation: Price and terms of payment CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code § 54956.8) Property: APNs 371 - 040 -019; 371 - 030 -041; 371 - 030 -038 (Summerly Golf Course) City Negotiator: City Manager Yates and City Attorney Leibold Negotiating parties: City of Lake Elsinore and E3 Advisors Under negotiation: Price and terms of payment City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss the items identified on the Closed Session agenda and recessed into Closed Session at 5:01 p.m. PUBLIC COMMENTS - None CALL TO ORDER - 7:00 P.M. Mayor Manos reconvened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Tony Lo Piccolo. ROLL CALL PRESENT: Council Member Hickman, Council Member Hickman, Council Member Magee, Mayor Pro Tern Tisdale, and Mayor Manos. Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Community Services Director Skinner, Recreation Supervisor Davis, Police Cpt. Hollingsworth, Fire Cheif Barr, and Deputy City Clerk Gir6n. City of Lake Elsinore Page 2 City Council Meeting Minutes February 10, 2015 CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss the following 5 Items: Conference With Legal Counsel - Existing Litigation, Castle & Cooke Lake Elsinore West, Inc. v City of Lake Elsinore; Conference With Legal Council regarding Anticipated Litigation of 2 Potential Cases; Conference with Real Property Negotiators regarding APN # 370 - 120 -045; Conference with Real Property Negotiators regarding APN # 389 - 461 -003; and Conference with Real Property Negotiators regarding APNs # 371 - 040 -019, 371 - 030 -0412 371 - 030 -038 (Summerly Golf Course), and there was no reportable action taken. PRESENTATIONS / CEREMONIALS Business of the Quarter - Suhr Guitar Mayor Manos presented the Business of the Quarter recognition plaque to Steve Smith, Co- Founder of Suhr Guitar. PUBLIC COMMENTS Jeanie Corral, announced the Lake Elsinore Citizen's Committee meeting to be held on February 12th, at 7:00 p.m., at the Tuscany Hills Club House. Those meetings are open to the public and will be held every other month. Chris Hyland, Lake Elsinore resident, announced the NAACP branch for Lake Elsinore and Southwest Riverside County Black History Celebration "Making The Dream Real" on Sunday, February 27th at 3:00 p.m. at the Murrieta Community Center. Karie Reuther, Temecula resident, stated that although the City has not received letters of intent for a hospital it was not indicative of lack of interest in proper zoning entitlement of the current proposed location. City Clerk Bloom announced a public speaker request on Consent Agenda Item No. 14 -439 which was pulled for discussion purposes. CONSENT CALENDAR ID# 14-437 Approval of Minutes Attachments: CC Minute Report CC Minutes 1 -27 -2015 It is recommended that the City Council approve the Minutes as submitted. City of Lake Elsinore Page 3 City Council Meeting Minutes February 10, 2015 ID# 14 -438 Warrant List dated January 29, 2015 Attachments: City Staff Report 2 -10 -15 Warrant Summary City 01 29 15 Warrant List City 01 29 15 It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on January 29, 2015. ID# 14-440 Construction Contract Award for CIP Project Lakepoint Park Electrical Enclosure - Project No. 4414 Attachments: Notice to Award Lakepoint Park Electrical Enclosure LMM Comments 013115 WCLE Contractor Services Agreement CE 1.) Award the Agreement for Contractor Services for the Lakepoint Park Electrical Enclosure Project to West Coast Lighting & Energy in the amount of $38,249, for a total construction budget of $47,811, which includes an approximate 25% construction contingency of $9,562. Authorize the City Manager to execute contract amendments not to exceed the construction contingency of $9$62. 2.) City Council approve the Agreement for Contractor Services in substantially the form attached and authorize the City Manager to execute the Agreement for Contractor Services in such final form as approved by the City Attorney. ID# 14-441 Annual Financial Reports for the Fiscal Year Ended June 30, 2014 Attachments: Financial Statements FY 14 -15 CITY Staff Report.pdf 2014 CAFR Ifinall.pdf 2014 Final 2014 SAS 114 Conclusion Letter.pdf 2014 Final Appropriations Limit Report.Pdf 2014 Final Single Audit Report.pdf 2014 Final Public Finance Authority Financial Statements.pdf 2014 Final Rec Authority Finance Statements.0f Staff recommends that the City Council receive and file the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2014 and related year end reports. Motion by Mayor Pro Tern Tisdale, second by Council Member Johnson, to approve the Consent Calendar, less Agenda Item No. 14 -439, passed by unanimous vote: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 4 City Council Meeting Minutes February 10, 2015 PULLED CONSENT CALENDAR AGENDA ITEM ID# 14-439 Industrial Desiqn Review No. 2014-03 - A Request by Nichols Road Partners LLC for Approval of an Asphalt Batch Plant located within a Previously Approved and Operating Aggregate Mining and Processing Site Located within the Boundaries of Reclamation Plan No 2006 -01 and generally located North of Nichols Road and East of Interstate 15. Attachments: IND 2014 -03 -CC Staff Report- Nichols Road Asphalt Batch Plant 02 -03 -15 - IND 2014 -03 - Attachment 1 - Vicinity Map 02 -03 -15 IND 2014 -03 - Attachment 2 Aerial Map 02 -03 -15 IND 2014 -03 - Attachment 3 City Council Resolutions 02 -03 -15 IND 2014 -03 - Attachment 4 Conditions of Approval 02 -03 -15 IND 2014 -03 - Attachment 5 Addendum #1 to MIND 2006 -06 02 -03 -15 IND 2014 -03 - Attachment 6 Site Plan 02 -03 -15 IND 2014 -03 - Attachment 7 Letter From Castle and Cooke 02 -03 -15 IND 2014 -03 - Attachment 8 Letter To OMR 02 -03 -15 IND 2014 -03 - Attachment 9 Letter From OMR 02 -03 -15 IND 2014 -03 - Attachment 10 Photo Simulations 02 -03 -15 1.) Adopt Resolution No. 2015 -008 A Resolution of the City Council of the City of Lake Elsinore, Regarding Industrial Design Review No. 2014.03 For the Establishment and Operation of an Asphalt Batch Plant Located at the Northeastern Corner of Nichols Road and Interstate 15, Adopting Addendum # 1 to Mitigated Negative Declaration No. 2006.06 for Reclamation Plan 2006 -01. 2.) Adopt Resolution No. 2016.009 A Resolution of the City Council of the City of Lake Elsinore Regarding Industrial Design Review No. 2014 -03 For the Establishment and Operation of an Asphalt Batch Plant Located at the Northeastern Corner of Nichols Road and Interstate 15, Adopting Findings that the Project Identified as Industrial Design Review No. 2014.03 is Exempt from the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). 3.) Adopt Resolution No. 2015 -010 A Resolution of the City Council of the City of Lake Elsinore Approving Industrial Design Review No. 2014.03 for the Establishment and Operation of an Asphalt Batch Plant Located at the Northeastern Corner of Nichols Road and Interstate 15; based on the Findings, Exhibits, and subject to the proposed Conditions of Approval. Community Development Director Taylor provided an overview of the staff report and recommendation. He explained that the asphalt batch plant would occupy 1.76 acres and is a portable plant and will be dug into the bottom of the existing mining facility. The applicant performed a noise and odor analysis that came back negligible. Director Taylor stated that the Planning Commission unanimously recommended approval of this Industrial Design Review. City of Lake Elsinore Page 5 City Council Meeting Minutes February 10, 2015 Ms. Miller, Lake Elsinore resident, spoke in opposition of the asphalt batch facility and the negative effects of releasing tar emissions into the atmosphere. Eric Warner, applicant Nichols Road Partners, thanked Council, staff and the Planning Commission for reviewing this project. He stated that they have prepared and provided the required documentation and accepted all Conditions of Approval. He offered that the fumes are an understandable issue however those are highly regulated by AQMD which is why the plant is being build along side the freeway. Mr. Warner stated that they would be hiring a National Corpration to serve as the operator in order to ensure that the odor impact would be less than .3 or .4 for this plant. Council Member Johnson commended Mr. Warner for spending a great deal fo time with the local high school and had reached out to the school principal to address all of their concerns. Motion by Council Member Johnson, second by Mayor Pro Tern Tisdale, to approve staffs recommendation. Council Member Hickman asked if the City would be getting any renumeration to which City Manager Yates responded in the affirmative. Council Member Johnson asked for confirmation that there would not be any additional traffic impacts from this project. Mr. Warner responded in the affirmative and stated that the current truck trips will not change. Mayor Manos commended the applicant, Nichols Road Partners for a thorough application and thanked staff for their efficiency in the application process. The motion passed unanimously by the following vote: AYES Council Member Johnson, Mayor Pro Tem Tisdale, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None PUBLIC HEARING(S) ID# 14442 Resolution Declaring Weeds, Rubbish, Refuse and Dirt a Nuisance; Property Owners to be Notified Attachments: Staff Report 2015 Adoption of Weed Abatement VD Comments 012815 2015 Declaring Weed Abatement Reso VD comments Exhibit A Combined Staff recommends that the City Council adopt Resolution No. 2015 -011 and direct staff to begin the abatement process for this year. City or Lake Elsinore Page 6 City Council Meeting Minutes February 10, 2015 Mayor Manos opened the Public Hearing at at 7:26 p.m. Director Damasse provided staff report and recommendation. Mayor Manos called for public comments; no public comments were received. Mayor Manos closed the Public Hearing at 7:27 p.m. Motion by Mayor Pro Tern Tisdale, seconded by Council Member Hickman to adopt Resolution No. 2015 -011 and direct staff to begin the abatement process for this year, passed unanimously by the following vote: AYES: Mayor Pro Tern Tisdale, Council Member Hickman, Counci (Member Johnson, Council Member Magee and Mayor Manos NOES: None ABSENT: None ABSTAIN: None ID# 14 -443 Amendments to the Lake Elsinore Municipal Code to Allow for More Effective Code Enforcement and Cost Recovery Procedures Attachments: CC Report Code Enforcement and Cost Recovery 2 -10 -15 Lake Elsinore - Ordinances - Muni Code Revisions - w NAB revisions (clean) It is recommended that the City Council conduct a public hearing, waive further reading and introduce by title only ORDINANCE NO. 2015 -1333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENTS TO THE LAKE ELSINORE MUNICIPAL CODE TO ALLOW FOR MORE EFFECTIVE CODE ENFORCEMENT AND COST RECOVERY PROCEDURES. Mayor Manos opened the Public Hearing at 7:28 p.m. Community Development Director Taylor provided an overview of the staff report and recommendation. Director Taylor stated that this Item was a proposal to amend the municipal code to provide more effective code enforcement and cost recovery for the City's abatement procedures, comply with changes in the law and court decisions, and streamline the procedure process. Matt Silver, contract City Prosecutor, provided an overview of the amendments so that it complies with new changes in state laws related to nuicance and code enforcement issues. The updated ordinance will serve the City as a tool for cost recovery of code enforcement violations; persue cost recovery from parents of minors who commit grafitti; and added a new chapter that addresses a social host obligation. Attorney Silver explained that the social host obligation is when an adult hosts a party, that adult would be required to ensure that minors are not consuming alcohol. Attorney Silver clarified that the ordinance does not regulate what a parent does with their own children at home. Mayor Manos called for public comments; no public comments were received. Mayor Manos closed the Public Hearing at 7:37 p.m. City of Lake Elsinore Page 7 City Council Meeting Minutes February 10, 2015 Director Taylor stated that two (2) corrections to be added to the ordinance on Page 9, Section 8.18.020 for the language to read "broken windows" and Page 15, Section 8.18.090 to change the appeal period from 10 days to 15 calendar days. Motion by Council Member Hickman, second by Mayor Pro Tem Tisdale, to waive further reading and introduce by title only Ordinance No. 2015 -1333; and to include corrections on Page 9, Section 8.18.020 for the language to read "broken windows" and Page 15, Section 8.18.090 to change the appeal period from 10 days to 15 calendar days. Mayor Manos read the title of Ordinance No. 2015 -1333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENTS TO THE LAKE ELSINORE MUNICIPAL CODE TO ALLOW FOR MORE EFFECTIVE CODE ENFORCEMENT AND COST RECOVERY PROCEDURES. City Clerk Bloom conducted the roll -call vote; the motion passed unanimously as follows: AYES Council Member Hickman, Mayor Pro Tern Tisdale, Council Member Johnson, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None APPEAL(S) - None BUSINESS ITEM(S) ID# 14-444 Second Reading and Adoption of Ordinance No. 2015 -1330 Attachments: Second reading of Ord 2014 -1330 DA for Outlet Center pdf Ordinance No. 2015 -1330 Outlet Center DA Mohr Affinity Development Agreement 020215 Waive further reading and adopt by title only Ordinance No. 2015 -1330 by roll call vote: ORDINANCE NO. 2015 -1330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND MOHR AFFINITY, LLC (LAKE ELSINORE OUTLET CENTER) City Clerk Rlonm provided an overview of the staff report and recommendation that Council waive further reading and adopt Ordinance No. 2015 -1330 by title only; authorize the Mayor to execute the Development Agreement in substantially the form attached and in such final form as approved by the City Attorney, and direct the City Clerk to record the Development Agreement in accordance with Government Code 65868.5. City of Lake Elsinore Page 8 City Council Meeting Minutes February 10, 2015 Motion by Council Member Johnson, second by Council Member Magee, to waive further reading and adopt by title only Ordinance No. 2015 -1330. Mayor Manos read the title of ORDINANCE NO. 2015 -1330, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND MOHR AFFINTIY,LLC (LAKE ELSINORE OUTLET CENTER). City Clerk Bloom took the roll -call vote and the motion passed by unanimous roll -call vote as follows: AYES Council Member Johnson, Council Member Magee, Council Member Hickman, Mayor Pro Tern Tisdale, and Mayor Manos NOES None ABSENT: None ABSTAIN: None ID# 14-445 Second Reading and Adoption of Ordinance No. 2015 -1331 Attachments: Second reading of Ord 2014 -1331 Zoning Code Amendment Ordinance No. 2015 -1331 for ZCA 2013 -02 for L Lakeshore Zone CZP Exhibit A - Proposed Lakeshore L District Waive further reading and adopt by title only Ordinance No. 2015 -1331 by roll call vote: ORDINANCE NO. 2015 -1331 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT NO. 2013 -023 AN AMENDMENT TO THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17, CHAPTER 17.20, REPLACING THE "(L) LAKESHORE OVERLAY DISTRICT' WITH A NEW "L LAKESHORE ZONING DISTRICT' AS PART OF THE CONSISTENCY ZONING PROJECT - PHASE V. City Clerk Bloom provided staffs recommendation to the Council. Council Member Magee recognized staffs hard work on this difficult project and requested that staff provide a copy of the work on this project to the Riverside County Planning Department as the County is in the middle of the their General Plan update. City of Lake Elsinore Page 9 City Council Meeting Minutes February 10, 2015 Motion by Council Member Magee, seconded by Council Member Johnson to waive further reading and adopt by title only Ordinance No. 2015 -1331. City Clerk Bloom read the title of ORDINANCE NO. 2015 -1331, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT NO. 2013 -02, AND AMENDMENT TO THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17, CHAPTER 17.20, REPLACING THE "(L) LAKESHORE OVERLAY DISTRICT' WTH A NEW "L LAKESHORE ZONING DISTRICT' AS PART OF THE CONSISTENCY ZONING PROJECT - PHASE V, and conducted the roll -call vote; motion passed by unanimous roll -call vote as follows: AYES Council Member Magee, Council Member Johnson, Council Member Hickman, Mayor Pro Tem Tisdale, and Mayor Manos NOES None ABSENT: None ABSTAIN: None ID# 14 -446 Second Reading and Adoption of Ordinance No. 2015 -1332 Attachments: Second reading of Ord 2014 -1332 Consistency Zoning Proiect Ordinance No 2015 -1332 ZC 2014 -06 Consistency Zoning Plan Exhibit B CZP Ph V Lake Edge District - 3 areas November 2014 Exhibit C CZP Lake Edge District Area 1 November 2014 Exhibit D Lake Edge District Area 2 Revised 11 -10 -14 Exhibit E CZP Lake Edge District Area 3 November 2014 Waive further reading and adopt by title only Ordinance No. 2015 -1332 by roll call vote: ORDINANCE NO. 2015.1332 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2014 -06, KNOWN AS THE CONSISTENCY ZONING PROJECT - PHASE V, AMENDING THE OFFICIAL ZONING MAP, CHANGING THE ZONING OF VARIOUS PARCELS IN THE LAKE EDGE DISTRICT OF THE CITY TO ZONES CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS THEREIN. City Clerk Bloom provided staffs recommendation to the Council. City of Lake Elsinore rage 10 City Council Meeting Minutes February 10, 2015 Motion by Council Member Johnson, second by Mayor Pro Tem Tisdale, to waive further reading and adopt by title only Ordinance No. 2015 -1332. City Clerk Bloom read the title of ORDINANCE NO. 2015 -1332, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2014 -06, KNOWN AS THE CONSISTENCY ZONING PROJECT - PHASE V, AMENDING THE OFFICIAL ZONING MAP, CHANGING THE ZONING OF VARIOUS PARCELS IN THE LAKE EDGE DISTRICT OF THE CITY TO ZONES CONSISTENT WITH THE GENREAL PLAN DESIGNATION THEREIN, and conducted the roll -call vote; motion passed by unanimous roll -call vote as follows: AYES Council Member Johnson, Mayor Pro Tern Tisdale, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None ID# 14.447 Adoption of Resolutions by the City Council Acting as the Legislative Body of Community Facilities Districts No. 95 -1 (Lake Elsinore City Center Public Improvements) and No. 2005 -2 (Alberhill Ranch) Regarding the Issuance of Special Tax Bonds by Such Community Facilities District Adoption of Resolutions by the City Council Acting as the Legislative Body of Community Facilities Districts No. 2004 -3 (Rosetta Canyon - Improvement Areas No. 1 & 2), No. 2005 -1 (Serenity) No. 2005 -6 (City Center Townhomes), No. 2006 -2 (Viscaya) and No. 2003 -2 (Canyon Hills) Authorizing the Distribution of a Preliminary Official Statement in Connection With the Issuance of Refunding Revenue Bonds on the Behalf of Such Community Facilities Districts Adoption of a Resolution by the Public Financing Authorit Authorizing the Distribution of a Preliminary Official Statement in Connection With the Issuance of Refunding Revenue Bonds on the Behalf of Community Facilities District No. 95 -1 (Lake Elsinore City Center Public Improvements) and Other Previously Approved CFDs Identified in Authority Resolution No. PFA- 2015 -001 City of Lake Elsinore Page 11 City Council Meeting Minutes February 10, 2015 Attachments: Lake Elsinore - 2015 CFD Ref Bond Approval - Staff Report (2- 10 -15) v4 DOCSOC- #1690710 -v3- Resolution for CFD 2005 -2 (Alberhill Ranch) DOCSOC - #1692955 -v2- Resolution for CFD 95 -1 (Lake Elsinore City Center) DOCSOC - #1690971 -v2- TEMPLATE ESCROW AGREEMENT FO R LAKE ELSINORE DOCSOC - #1690402 -v3- TEMPLATE LOCAL OBLIGATION BOND INDENTURE FOR LAKE ELSINORE DOCSOC - #1690873 -v4 -Local Obligations Purchase Agreement C ity of Lake Elsinore 2015 Pooled CFD Refunding DOCSOC- #1692952 -v2- Authority Resolution Approvinq POS DOCSOC- #1694318 -v2- Resolution Approving POS - CFD 2005 -6 (City Center) DOCSOC41694436 -0- Resolution Approving POS CFD 2004 -3 Rosetta Canyon) DOCSOC41694441 -0- Resolution Approving POS - CFD 2005 -1 (Serenity) DOCSOC- #1694442 -v3- Resolution Approving POS - CFD 2006 -2 (Viscaya) DOCSOC- #1694463 -v3- Resolution Approving POS CFD 2003 -2 Canyon Hills) 2 -3 -15 Lake Elsinore PFA POS It is recommended thatthe City Council approve and adopt the following two (2) Authorizing Resolutions that approve the issuance of Community Facilities District (CFD) refunding bonds ( "Local Obligations ") to refinance certain outstanding bonds for two (2) previously formed CFDs (listed below) and approve the preparation and distribution of a Preliminary Official Statement ( "POS ") connection with the sale of local agency refunding revenue bonds to acquire the Local Obligations for the aforementioned CFDs. 1.) Resolution No. 2015 -012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 95 -1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS), AUTHORIZING THE ISSUANCE OF ITS 2015 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 2.) Resolution No. 2015 -013 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -2 (ALBERHILL RANCH), AUTHORIZING THE ISSUANCE OF ITS IMPROVEMENT AREA A 2015 SPECIAL TAX REFUNDING BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED TWENTY -SIX MILLION DOLLARS ($26,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH It is recommended that the City Council approve and adopt the following five (5) Resolutions that approve the preparation and distribution of a preliminary official statement ( "POS ") in connection with the sale of local agency refunding revenue bonds to acquire the Local Obligations for six (6) previously formed CFDs (listed below): City of Lake Elsinore Page 12 City Council Meeting Minutes February 10, 2015 1.) Resolution No. 2015 -014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004 -3 (ROSETTA CANYON), AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE OF REFUNDING REVENUE BONDS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 2.) Resolution No. 2015.015 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005.1 (SERENITY), AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE OF REFUNDING REVENUE BONDS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 3.) Resolution No. 2015 -016 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -6 (CITY CENTER TOWNHOMES), AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE OF REFUNDING REVENUE BONDS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 4.) Resolution No. 2015 -017 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -2 (VISCAYA), AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE OF REFUNDING REVENUE BONDS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 5.) Resolution No. 2015.018 RESOLUTION 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 -2 (CANYON HILLS), AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE ISSUANCE OF REFUNDING REVENUE BONDS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY AND TAKING CERTAIN OTHER. ACTIONS IN CONNECTION THEREWITH It is recommended that the Public Financing Authority approve and adopt the following Resolution that approves the preparation and distribution of a preliminary official statement ( "POS ") and certain other documents and actions in connection with the sale of local agency refunding revenue bonds to acquire the Local Obligations for eight (8) previously formed CFDs that are identified in more detail in the resolution and in Authority Resolution No. PFA- 2015.001 previously adopted by the Authority at its January 13, 2015 meeting: Resolution No. PFA 2015 -003 RESOLUTION OF THE BOARD OF DIRECTORS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY, RIVERSIDE COUNTY, CALIFORNIA, AUTHORIZING THE PREPARATION AND DISTRIBUTION OF THE PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THE ISSUANCE OF REFUNDING REVENUE BONDS, APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH City of Lake Elsinore Page 13 City Council Meeting Minutes February 10, 2015 Mayor Manos announced the joint City Council and Public Financing Authority Business Agenda Item, PFA Chair Johnson called the Public Financing Authority meeting to order at 7:47 p.m. Administrative Services Director Simpson provided an overview of the staff report and stated that two additional bond issues are being added to this item. Director Simpson explained the resolutions giving an authorization for the final preliminary official statement (POS), which is intended to be released by February 13, 2015 upon Council's approval; bonds will be priced by February 20, 2015 and closing by March 12, 2015. The resolutions also include approvals for the related bond indentures, escrow agreements, and related -financing documents. Director Simpson also explained the. bond issue will be in excess of $112,000,000 in refunding and covers eight (8) Community Facility Districts (CFD). Director Simpson provided statistics as follows: Canyon Hills there will be a present value saving of approximately 10% on the bonds and will provide $7.5 to $8.5 million in reimbursements available to the developer for infrastructure. The two (2) CFDs related to Rosetta Canyon will generate $6.8 million that will be utilized to complete the park and there will be a reduction in the levy for existing property owners in Improvement Area 1 by $133 a year; Serenity will have an 11.4% in savings and generate $1.4 million which will be utilized for improvements at Serenity Park, off - street lighting and a levy reduction by $97 for each parcel; City Center Townhomes will have approximately 12% in savings and a reduction of $191 for each parcel; the entire savings will go directly to the property owners. Viscaya will have an approximate savings of 12.7% and a reduction of the annual levy by $327 per parcel. The entire amount of the savings is going directly to the property owners. Director Simpson stated the additional documents include 95 -1 City Center Improvements for $1.1 million outstanding, but the City will realize annual saving per parcel $714 a year until it is paid off; and Alberhill Improvement Area A of approximately $23 million outstanding with an approximate savings of 10.5 %. The entire savings is going back to the property owners. The estimated annual saving reduction is $489 per parcel. Director Simpson reported that the CFDs will have no impacts to any schools and explained that by reducing the levies and creating bonding capacity may benefit any construction plans the School District may have. All the debt will be paid off within 25 years. Ms. Miller, Lake Elsinore resident, spoke in opposition of bond refinancing and the need of a smooth dirt sidewalk around the lake. Director Simpson introduced the finance team who was available to answer questions. He stated that based on changes within the finance team the City is able to save $1.7 million dollars in fees on this transaction. Council Member Hickman stated that he has always been an advocate of refinancing CFDs and that the City is making these changes because it is receiving a lower interest rate and will not extend the time of the bond. City of Lake Elsinore Page 14 City Council Meeting Minutes February 10, 2015 Mayor Manos stated that a year ago the City was unable to refund bonds for the Alberhill area, but this year there is a new finance team that was able to refinance the bonds. Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to adopt Resolution No. 2015 -012, passed by unanimous vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to adopt Resolution No. 2015 -013, passed by unanimous vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to adopt Resolution No. 2015 -014, passed by unanimous vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to adopt Resolution No. 2015 -015, passed by unanimous vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 15 City Council Meeting Minutes February 10, 2015 Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to adopt Resolution No. 2015 -016, passed by unanimous vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to adopt Resolution No. 2015 -017, passed by unanimous vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to adopt Resolution No. 2015 -018, passed by unanimous vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman, Council Member Magee, and Mayor Manos NOES None ABSENT: None ABSTAIN: None Motion by Vice -Chair Hickman, second by Authority Member Tisdale, to adopt Resolution No. PFA- 2015 -003 , passed by unanimous vote as follows: AYES Vice -Chair Hickman, Authority Member Tisdale, Authority Member Manos, Authority Member Magee, and Chair Johnson NOES None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 16 City Council Meeting Minutes February 10, 2015 ID# 14-448 Field Allocation Policy 2015 Attachments: Staff Report - FIELD ALLOCATION POLICY 2015 DRAFT City of Lake Elsinore Athletic Field Allocation Manual REVISED JANUARY 29 2015 Receive and file the City of Lake Elsinore Field Allocation Policy date January 29, 2014. Community Services Director Skinner reported that they have met with the youth and adult leagues to allocated fields and to review the Field Allocation Policy. He then introduced Recreation Supervisor Davis who provided an overview of the Lake Elsinore Field Allocation Policy that will implement procedures, a process to reserve a field, and fees for the use of City facilities. The policy will formally place Lake Elsinore resident organizations first. Council Member Johnson asked how organizations will be held accountable for field maintenance. Recreation Supervisor Davis responded that organizations self police their maintenance responsibilities. The Community Services Department will work with the Public Works Department and Parks Division to determine when and where fields receive attention. Staff currently provides maintenance recommendations to organizations. Council Member Johnson stated that she would like to see a scheduled approach of maintenance responsibilities. Community Services Director Skinner responded that the Community Services Department will work with the Public Works Department and Parks Division. Director Skinner explained that other cities have criteria for field maintenance, if the criteria was not met it would affect their future field allocations. A maintenance requirement will be included in the policy. Council Member Johnson commended Community Service for their hard work. Mayor Pro Tern Tisdale stated that he was glad this policy would recognize Lake Elsinore children first and asked how the City will provide code enforcement of teams that are not from the City. Director Skinner responded that staff will ensure that Lake Elsinore residents have the use of the fields and there is now more communication with organizations that use City facilities. If there are trespassers at the facilities, staff will work with Code Enforcement to address the issue. Mayor Pro Tern Tisdale wanted to ensure that enforcement was also extended to the tennis courts and asked if there was permission to take down tennis nets to play field hockey. Director Skinner responded that there is only one group that uses Machado Park and staff is working with that group. The Community Services Department will work the Parks Division to ensure the courts are opened in the morning and locked in the evening. Council Member Magee stated that Council did not receive any complaints and credited staff for their thorough work. He acknowledged staff for ensuring that the policy was inclusive and their careful work with organizations. Council Member Magee asked that the updates include the new City facilities as they will increase the opportunities for new leagues. He welcomed Canyon Lake neighbors to use the City facilities and asked staff to reach out to Canyon Lake City staff to request a small budget allocation in their coming fiscal year to assit with the maintenance of the parks. City of Lake Elsinore Page 17 City Council Meeting Minutes February 10, 2015 Council Member Hickman asked if the Canyon Hills Youth Baseball vs. Canyon Lake Little League matter had been resolved. Community Services Director Skinner responded in the affirmative and explained the field allocation for the adult league, Canyon Lake Little League, and Canyon Lake Girls Softball. Motion by Council Member Johnson, second by Council Member Hickman, to receive and file the City of Lake Elsinore Field Allocation Policy dated January 29, 2014. Mayor Manos stated that staff had done a phenomenal job. He asked how the field allocations applications are timed. Community Services Director Skinner responded that field applications are reviewed twice a year, in the Spring and Fall. The motion passed by unanimous vote as follows: AYES Council Member Johnson, Council Member Hickman, Council Member Magee, Mayor Pro Tern Tisdale, and Mayor Manos NOES None ABSENT: None ABSTAIN: None PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES Paulie Tehrani, Lake Elsinore resident, thanked Council for refunding the bonds and lowering the percentage rate of the levying taxes. She appreciates the new bonding counsel that works with the City. Ms. Tehrani stated that this City Council is the best because they are working for the people and thanked Council. Sharon Gallina, Lake Elsinore resident, stated that because this Council takes care of everything she does not have to worry about the house she purchased in Alberhill. CITY MANAGER COMMENTS City Manager Yates thanked the Finance team for their work and staff for their work. CITY ATTORNEY COMMENTS City Attorney Leibold stated that it was a fantastic evening and pointed out that Council approved a Development Agreement that will provided a developer- funded median along Collier Avenue. CITY COUNCIL COMMENTS Council Member Hickman announced Elsinore High School won the Sunbelt Championship for the sixth consecutive year. Council Member Hickman reminded the public to remember Valentine's Day. City of Lake Elsinore Page 16 City Council Meeting Minutes February 10, 2015 Council Member Johnson announced the Chamber Hump Day mixer on Wednesday, February 11th, from 8:30 a.m. to 9:30 a.m. at the Lake Elsinore Hotel and Casino; the Blood Drive on Thursday, February 19th, from 9:30 a.m. to 3:45 p.m. at the Cultural Center; free Storm baseball tickets will be given to anyone that donates blood; Child Passenger Education Safety Fair will be held on February 19th, from 10:00 a.m. to 6:00 p.m.; and congratulated Operation Superintendent De Santiago for being named Manager of the Year for 2014 by the Maintenance and Superintendents Association. Council Member Johnson thanked staff for their hard work and stated the Council is creating long term policies for future City Councils. Council Member Magee recognized the planning staff for processing the Industrial Design application in 6 1/2 months and the applicant for their investment in the City.: He also recognized the Police Department for the public safety service that they provide to the City. Council Member Magee announced the Planning Commission vacancies. Council Member Magee stated that attendance to the Planning Commission meetings is very important and that the attendance policy will be enforced. Council Member Magee recognized motocross rider Cole Seely for winning two 450 heat races this year. He thanked Ruth Atkins, President of the Historical Society for actively researching the Christensen Ranch to present an appropriate name for a landmark in this valley. Council Member requested a status update of the improvement project for the ultimate interchange at 1 -15 and Highway 74. Mayor Pro Tem Tisdale thanked residents that live at Alberhill for their efforts and attendance at Council meetings. Mayor Pro Tern Tisdale thanked City Manager Yates for hiring a great staff and acknowledged Michael Williams from the Press Enterprise for writing great stories on the City of Lake Elsinore. Mayor Manos thanked the public for their decorum and stated that the City will continue to focus on its residents and building a world class community. The City has improved in its leadership and is receiving more recognition from the League of California Cities. Mayor Manos announced that he will be facilitating a meeting for newly elected Mayors and Council Members on Tuesday, February 17, 2015; CERT training classes will be held on February 20, 21, 27 and 28, 2015; Spanish CERT training class in March; and the City's Clean Extreme event on April 25, 2015 at the Naval Academy. ADJOURNMENT Mayor Manos adjourned the meeting at 8:44p.m. to the ne regularly scheduled meeting to 00 be held on Tuesday, February 24, 2015, at 7: p. City of Lake Elsinore Page 19 Mayor