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HomeMy WebLinkAboutCity Council Agenda Packet 02-13-19901. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Lake Elsinore City Council Agenda 545 CHANEY STREET : LAKE ELSINORE SCHOOL DISTRICT BOARD ROOM TUESDAY, FEBRUARY -13, 1990 - 7:00 P.M. POLICY OF THE CITY COUNCIL: "Only those items filed with the City Clerk's Office by oon, ues ay, pr7or to ne following Tuesday meeting, not requiring departmental investigation will be considered by the City Council at said meeting". CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS Note: Any person wishing to address City Council on any matter not on the Agenda, must complete a request form available at the speakers podium and submit it to the City Clerk prior to commencement of the meeting. (Comments limited to 3 minutes). PRESENTATIONS/CEREMONIALS A. Proclamation - Margarite Somers. CONSENT CALENDAR Minutes a. January 23, 1990 - Regular City Council Meeting. b. January 17, 1990 - Planning Commission Meeting. Building Activity Report - January, 1990. Code Enforcement Activity Report - January, 1990. Structure Abatement Activity Report -. January, 1990. Warrant List - January 31, 1990. Proclamation - Meet Your Judges Week - March 4-10, 1990. Property Acquisition - Lakeshore Drive. Resolution No. 90-4. Northwest Sewer Project - Equipment Bids - Acquisi- tion of Lift Station Equipment - Resolution No. 90-8. Acquisition of Copy Equipment - Lease Purchase Plan. Bond Anticipation Notes - Resolution No. 90-5. Appointment of Bond Underwriter and Bond Counsel - Resolution No. 90-6. Approve. Rec. & File. Rec. & File. Rec. & File. Rec. & File. Ratify. Approve. Adopt Res. No. 90-4. Adopt Res. No. 90-8. Authorize. Adopt Res. No. 90-5. Adopt Res. No. 90-6. PAGE TWO - CITY ItOUNCIL AGENDA - FEBRUARY 13, 1990 12. Notice of Completion for the 1990 Slurry Seal Project. 13. Acceptance of Quitclaim Deeds for Water Rights - various locations. 14. Set Public Hearings for February 27, 1990 for the following: a. Tentative Tract Map 23988 - Ortega Partners. A subdivision consisting of 259 lots.. The project -consists of approximately 72.5 acres of land. The property is located northwest- erly of Machado Street at the terminus of Lincoln. b. Tentative Tract Map 24618 - George Wimpev/ Morrison Homes. A request to subdivide 10.24 acres into 38 lots averaging 7,260 square feet. The site is zoned R-1 (Single -Family Residential District. The property is located approxi- mately 850 feet south of Grand Avenue, east of Grandview Avenue and west of Ortega Hwy, Tentative Tract Man 25442 - Doug Reuvers & Sharon Gibson. A request to subdivide 3.20 gross acres into 4lots ranging in size. from .58 net acres to .99 net acres located in the R-2 District (Medium Density Residential District). The property is located west of Robertson Street and north of Shrier Drive. PUBLIC HEARINGS Accept Notice. Accept Deeds. Approve Hearing Date. Approve Hearing Date. Approve Hearing Date. 31. Tentative Tract Map 24634 -,Centex Homes. Reaffirm-- E.I.R. 88-=2 A request to subdivide 206.33 acres into 603 Approve single-family residential lots. The project Tent. Tract is generally located south of the extension Map 24624, of Mountain Avenue and west of the terminus Subj. to of Broadway Avenue. Fndgs & Cond. 32. Recovery of Expenditures for the demolition of Confirm cost 107 North Scrivener. of abatement & auth. lien. 33. Acquisition of Property_ for Storm Drain Adopt Res. Improvements, Tract 19344. Resolution No. 90-7. No. 90-7. 34. An Ordinance of the City of Lake Elsinore adopting Adopt Ord. by reference the followincs codes with certain No. 882. Amendments, Deletions and Additions thereto: Uniform Building Code 1988 Edition Uniform Mechanical Code 1988 Edition Uniform Housing Code 1988 Edition Uniform Plumbing Code 1988 Edition. Uniform Code for the Abatement of Dangerous Buildings 1988 Edition Uniform Fire Code 1988 Edition Uniform Swimming Pool, Spa and Hot Tub Code 1988 Edition National Electrical Code 1987 Edition 35. 51. 52. 53. PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 13, 1990 Community Facilities District 88-3 - West End Assessment District. BUSINESS/DISCUSSION ITEMS Commercial Protect 89-8 = Krouse Builders. A request for a 7,250 square foot commercial building on .344 gross acres, located at the northeast corner of Scrivener and Graham Avenue." Lndustrial Project 89-8 = Paul Carrera. k request to construct an 18,255 square foot industrial building on a one acre lot, located approximately 135 feet south of Minthorn Street, ?ast of Third Street. Stephens' Kangaroo Rat Interim Habitat :onservation Plan and Supporting Documentation. MANAGER COMMENTS COUNCIL COMMENTS SESSION Continue to 3/13. Adopt Neg. Dec. 89-53; Approve Comm. Proj. 89-8, Subj. to Fndgs. & Cond. Adopt Neg. Dec. 89-38; Approve Ind. Proj. 89-8, Subj. to Fndgs. & Cond. Approve Staff Recomm. WHEREAS, there are certain members of the community and surrounding areas who contribute their time, effort and commitment to better the well being of the area in which they live; and WHEREAS, Mrs. Marguerite Somers is one of those members who has given of her time, energy, money and interest for many years; and WHEREAS, Mrs. Somers was a resident of the City of Lake Elsinore from 1965 to 1971, and is now residing in Sun City and has dedicated herself to inspire children to succeed scholastically by making greeting cards and donating the proceeds made from the sale to be applied to scholarships in the form of savings bonds for elementary students who have shown improvement in their school work. NOW, THEREFORE, the Mayor and City Council of the City of Lake Elsinore, on this 13th day of February, 1990, does hereby honor and commend Mrs. Marguerite Somers for her dedication, involvement and service in her efforts to aid interest and involvement in education of the youth of today. - JIM WINKLER, MAYOR CITY OF LAKE ELSINORE AGENDA ITEM NO. - PAGE ...OF�_. MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 23, 1990 ****************************************************************** CALL TO ORDER The Regular City Council meeting was called to order by Mayor T.T : _ h .. =t 7: C PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and City Clerk Kasad. PUBLIC COMMENTS 1. Pam Brinley, representing "Blast from the Past" and Realty World, thanked the City Council for their support of this event and commented on the success of this year's efforts, raising $4334.00 for United Cerebral Palsey. She also presented each Councilmember with a T -Shirt commemorating the e -rent . 2. Scott Hall, 2391 Manzanita, Corona, advised that he has a new idea for development of power generators in connection with the new levee. He detailed the concepts of his idea, which resemble those of Niagara Falls. 3. Tony Schiavone, advised that his comments relate to item #51 on the agenda. The Mayor and Council concurred to allow him to speak at that time. 4. Diana Kramer, advised that she would like to comment on item #12. The Mayor and Council concurred to allow her to speak at that time. 5. Leon Strigotte, advised that his comments relate to item #12. The Mayor and Council concurred to allow him to speak at that time. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 12 and 13. Mayor Winkler advised that he would be abstaining from vote on Item V. AGENDA {TEM N0 s PAGE, 0F` PAGE TWO - CITY COUNCIL MINUTES - JANUARY 23, 1990 MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. January 9, 1990 - Regular City Council Meeting. The following Minutes were received and filed: b. January 3, 1990 - Planning Commission Meeting. 6. Rejected and referred to Claims Administrator the Application to Present Late Claim submitted by George E. Harper (CL# 89-27). 7. Approved Pass Through Agreement with the County of Riverside for Redevelopment Project Area III and authorized the Mayor Pro Tem to sign on behalf of the City. (Vote on this item was 4 to 0 with Winkler abstaining). 8. Approved Library Construction Bond, Notice of Intention and authorized the City Manager to sign the application for funding. 9. Awarded Contract for Main Street Landscaping Project to Hines Construction in the amount of $99,495. 10. Approved Request for Waiver of Fees from the Chamber of Commerce for a'Carnival to be held on January 25-28, 1990. 11. Adopted Resolution No. 89-7 relating to Engineering and Traffic Survey for Speed Limits. - RESOLUTION NO. 89-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS. 14. Approved Initiation of Process for Acquisition of Property for Construction of Storm Drain Improvements in Tract 19344 and Adopted Resolution No. 90-3, setting the public hearing for February 13, 1990. RESOLUTION NO. 90-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER THE ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN. 15. Approved Final Tract Map 17413 - 6 & 7 for Tuscany Hills; Authorized the City Clerk to sign the map and arrange for recordation and accepted dedication of Underground Water Rights for recordation with the final map. AGENDA ITEM NO. �'� * PAGE OF fi1a\w Vll�i ii1111UYi Vvaa r.l v� a'iv .iV 1.� i\\:�JVl \. for December, 1989. 3. Received and ordered filed the Investment Report for December 31, 1989. 4. Ratified Warrant List for January 16, 1990. 5. Rejected and referred to Claims Administrator the Application to Present Late Claim submitted by Barbara L Alongi (CL# 89-26). 6. Rejected and referred to Claims Administrator the Application to Present Late Claim submitted by George E. Harper (CL# 89-27). 7. Approved Pass Through Agreement with the County of Riverside for Redevelopment Project Area III and authorized the Mayor Pro Tem to sign on behalf of the City. (Vote on this item was 4 to 0 with Winkler abstaining). 8. Approved Library Construction Bond, Notice of Intention and authorized the City Manager to sign the application for funding. 9. Awarded Contract for Main Street Landscaping Project to Hines Construction in the amount of $99,495. 10. Approved Request for Waiver of Fees from the Chamber of Commerce for a'Carnival to be held on January 25-28, 1990. 11. Adopted Resolution No. 89-7 relating to Engineering and Traffic Survey for Speed Limits. - RESOLUTION NO. 89-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS. 14. Approved Initiation of Process for Acquisition of Property for Construction of Storm Drain Improvements in Tract 19344 and Adopted Resolution No. 90-3, setting the public hearing for February 13, 1990. RESOLUTION NO. 90-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING ON THE ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER THE ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN. 15. Approved Final Tract Map 17413 - 6 & 7 for Tuscany Hills; Authorized the City Clerk to sign the map and arrange for recordation and accepted dedication of Underground Water Rights for recordation with the final map. AGENDA ITEM NO. �'� * PAGE OF PAGE THREE - CITY COUNCIL MINUTES - JANUARY 23, 1990 16. Approved Final Parcel Map 25347 - East side of Lakeshore Drive, south of Mountain Avenue; Authorized the City Clerk to sign the map and arrange for recordation and accept dedication of Underground Water Rights for recordation with the final map. 17. Accepted Notice of Completion for the Concrete Curb, Gutter and Sidewalk Replacement Project from B-1 Enterprises. 18. Accepted Underground Water Rights on Single Family Residence located at 211 Davis Street from Eddie M. Taketa and Vicky Tahct-M 111,1..__ 19. Accepted Additional Right -of -Way Dedications on Single Family Residence located at 388 Avenue Three from Tommy D. Gennusa. 20. Accepted Quitclaim Deed for Water Rights on Single Family Residence located at 388 Avenue Three from Tommy D. Gennusa. 21. Approved Release of Deferred Lien Agreement on property located at 15195 Lincoln. 22. Approved public hearing date of February 13, 1990 for the following: a. Tentative Tract Map 24634 - Centex Homes. A request to subdivide 206.33 acres into 603 single-family residential lots. The project is generally located south of the extension of Mountain Avenue and west of the terminus of Broadway Avenue. b. An Ordinance of the City of Lake Elsinore adopting by reference the following codes with certain Amendments, Deletions and Additions thereto: Uniform Building Code 1988 Edition Uniform Mechanical Code 1988 Edition Uniform Housing Code 1988 Edition Uniform Plumbing Code 1988 Edition. Uniform Code for the Abatement of Dangerous Building 1988 Edition Uniform Fire Code 1988 Edition _ Uniform Swimming Pool, Spa and Hot Tub Code 1988 Edition National Electrical Code 1987 Edition ITEMS PULLED FROM CONSENT CALENDAR 12. Resolution No. 90-2 = Designating the Location of Certain Ston Intersections. Leon Strigotte, 216 Chaney, supported this item and requested Council approval of the proposed stop sign. Diana Kramer, 1611 W. Heald, stressed the importance of this stop sign to slow the traffic through the neighborhood. Councilman Dominguez advised that he had referred this item to staff and the Public Works Committee for review and requested that staff pursue placement of the new sign immediately. Councilman Buck advised the residents only one stop sign in one direction will be placed pursuant to this action. Leon Strigotte, commented that one stop sign should be adequate, but special traffic enforcement is needed in this area to help slow down the traffic. City Manager Molendyk advised that special traffic enforcement has been utilized during the last two weeks in that area and AGENDA ITEM NO. • t • PAGE OF� PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 23, 1990 will continue to help educate the community with regard to the new stop sign. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-2. RESOLUTION NO. 90-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS (CHANEY/SUMNER). 13. Std of Public Safety Services - Proposal from PMW Associates. Mayor Winkler explained the scope and purpose of this study. He also commented on the work of the Public Safety Committee and invited Tom Thomas, Chairman of that committee to speak. Tom Thomas advised that on Wednesday, January 24, 1990, at 7:30 p.m. on King Videocable 3, there will be a public input program relating to Neighborhood Watch. Councilman Dominguez commented on the time element for completion of this study and the potential for a related Ballot Measure in November of this year. MOVED BY STARKEY, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SCOPE OF WORK AS PRESENTED IN THE ATTACHED PROPOSAL FROM PMW ASSOCIATES AND AUTHORIZE THE CITY MANAGER TO EXECUTE IT. PUBLIC HEARINGS 31. Brighton Homes Develomment A reement. Community Development Director Gunderman advised that staff would recommend that this item be tabled. COUNCIL CONCURRED TO TABLE THIS ITEM. 32. Community Facilities District No. 88-3. Continued from December 26, 1989. Community Development Director Gunderman advised that this item needed an additional continuance. COUNCIL CONCURRED TO CONTINUE THIS ITEM TO FEBRUARY 13, 1990. BUSINESS DISCUSSION ITEMS 51. Request for Reconsideration of Street - Abandonment 89-2 - High Street between Mill and Country Club Boulevard. Tony Schiavone, 780 Lake Street, advised that he is not sure of the reason for this request for reconsideration, but he doesn't feel there is adequate justification. City Attorney Harper advised that there is no specific appeal process, but because reconsideration has been requested, the Council has two options. One is to make a finding that there is new information that was not originally provided and move to reopen the public hearing which would require that the notification process be completed again. The other option is to let the previous action stand and take no action. The applicant, George Alongi was not present. Councilman Washburn advised that he had met with Mr. Alongi AGENDA ITEM NO. PAGE OF� PAGE FIVE - CITY COUNCIL MINUTES - JANUARY 23, 1990 and did not feel there was adequate reason to reopen the hearing. Councilman Starkey advised that he does not feel adequate new information was available to reopen the hearing. THE COUNCIL TOOK NO ACTION ON THIS ITEM. BUSINESS ITEMS 52. Ordinance No. 877 - Second Reading. Relating to Zone Change 89-7 - Rancon Realty Fund IV. MOVED BY WASHBURN, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 877: ORDINANCE NO. 877 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 22.67 ACRES LOCATED AT THE NORTHWEST CORNER OF CENTRAL AND COLLIER AVENUE, FROM C -P (COMMERCIAL PARK DISTRICT) AND M-2 (GENERAL MANUFACTURING) TO C-2 (GENERAL COMMERCIAL)(ZONE CHANGE 89-7 - RANCON REALTY FUND IV). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 53. Ordinance No. 879 - Second Reading. Relating to Tuscany Hills Specific Plan. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 879: ORDINANCE NO. 879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING A SPECIFIC PLAN FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 54. Ordinance No. 880 _ Second Reading. Relating to Tuscany Hills Development Agreement. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 880: ORDINANCE NO. 880 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AGENDA ITEM NO. •0' PAGE �. OF ---7_ PAGE SIX - CITY COUNCIL MINUTES - JANUARY 23, 1990 APPROVING AMENDMENTS TO THE 1980 DEVELOPMENT AGREEMENT FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE 7L"^.%Tm; /TT}TATT 1fT}fT\T•IT\/'a _ •.-.M1..-. a7L\J f.,13Yi. �V�.l J\ViiY'iLl"JJiL1\V • J\Vl\J:J ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk commented on the use of overtime police officers for the holiday season and extra burglary prevention downtown and advised that the new full time officers are now in place. City Manager Molendyk requested that Council consider appointment of a Council Committee to review the Ramsgate Specific Plan; and suggested Councilmembers Buck and Washburn to serve. Council concurred with appointment of Councilmembers Buck and Washburn. CITY COUNCIL COMMENTS Councilman Buck thanked staff for the recent efforts to improve Main Street's overall appearance. Councilman Starkey commented on the Chamber of Commerce installation held last weekend and advised that Arta Valenzuela is the new president and he will be serving as the City/Chamber liaison at her request. He also advised that he had a new granddaughter this date. Mayor Winkler advised the Community that while efforts are continuing for a temporary road while construction is done on Railroad Canyon Road, there is the possibility that no alternate will be provided. He suggested that residents begin considering alternate routes and be prepared when construction does begin, _ because it will continue for approximately six months. THE APPLICANT FOR ITEM #51 OF THIS AGENDA ARRIVED AT THIS POINT AND REQUESTED AN OPPORTUNITY TO ADDRESS HIS ITEM. COUNCIL GRANTED HIM THREE MINUTES FOR THIS PURPOSE. 51. Request for Reconsideration of Street - Abandonment 89-2 - High Street between Mill and Country Club Boulevard - Continued. George Alongi, showed maps of the affected area and commented in the difficulty of turning radii. He commented on the difficulty of access for emergency vehicles and expressed concern with the City's ability to obtain appropriate utility easements with the abandonment of this street. Councilman Dominguez requested clarification of the Council's options. City Attorney Harper clarified that Council can either take no further action, or they can readvertise and initiate the public hearing process again. City Manager Molendyk suggested, if the Council wished to reopen the hearing, it should first be reviewed by the Public Works Committee. Councilman Washburn advised that the public hearing had been held already and he felt the key issues had been addressed. AGENDA ITEM NO. -IL '1 — pAGE r OF PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 23, 1990 THE COUNCIL TOOK NO FURTHER ACTION ON THIS ITEM; THEREFORE THE ACTION OF JANUARY 9, 1990 TO APPROVE ABANDONMENT 89-2 WILL STAND. CLOSED SESSION None. AD.- 0 N74FNI MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 7:50 P.M. ATTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE JIM WINKLER, MAYOR CITY OF LAKE ELSINORE AGENDA ITEM NO. PAGE i - OF- MINUTES OF LAKE ELSINORE PLANNING COMMISSION HELD ON THE 17TH DAY OF JANUARY 1990 THE MEETING WAS CALLED TO ORDER AT 7:01 P.M. PLEDGE OF ALLEGIANCE was led by Commissioner Wilsey. ROLL CALL: PRESENT: Commissioners: Gilenson, Saathoff, Wilsey and Brown ABSENT: Commissioners: Brinley Also present were Community Development Director Gunderman, Planning Manager Thornhill, Associate Planner Restivo, and Senior Civil Engineer O'Donnell. MINUTE ACTION Motion by Commissioner Wilsey to approve Minutes of January 3, 1990, as submitted, second by Commissioner Saathoff. Approved 4-0 PUBLIC COMMENTS There being no requests to speak, Chairman Brown closed the PUBLIC COMMENTS section. PUBLIC HEARINGS 1. Zone Code Amendment 89-3 - City of Lake Elsinore at the request of Deleo Clay Tile (Continued from December 6, 1989) - Associate Planner Restivo presented a request to amend the Parking Ordinance, Chapter 17.66.030.0 of the Municipal Code, to allow flexibility and/or "reduce parking requirements for single manufacturing enterprises. The Zone Code Amendment will affect parking requirements for manufacturing/industrial uses City-wide. Chairman Brown opened the public hearing at 7:05 p.m. asking if anyone wished to speak in favor of Zone Code Amendment 89-3. Receiving no response, Chairman Brown asked if anyone wished to speak in opposition. Receiving no response, Chairman Brown asked if anyone wished to speak on the matter. Receiving no response, Chairman Brown closed the public hearing at 7:06 p.m. Commissioner Gilenson commented on the parking determination not running with the land. If the use were to change or the facility sold the new occupant would have to increase the parking or build out the parking requirements, correct? Community Development Director Gunderman responded that if the use is substantially different than what was approved then they would have to come back to the Commission for another parking determination. If they can demonstrate that the parking needs are the same, as they were under the parking waiver, then they could continue to occupy the building. But there would have to be a review at the time a business license is taken out or any other action is taken on the building. Commissioner Wilsey inquired about the fee range for the parking determination. Community Development Director Gunderman stated that it would probably be the industrial design review type fee with perhaps a slight additional fee for analysis of the documents involved to meet the findings. Commissioner Saathoff stated that he believes this can be monitored easily if there is a substantial change in the business or a new business license. Concern would be if the AGENDA ITEM NO. US-& PAGE f OF 7 Minutes of Planning Commission January 17, 1990 Page 2 ZONE CODE AMENDMENT 89-3 CONTINUED applicant requested fewer parking spaces based on the number of employees, work hours, etc. The applicant retains the building and substantially increases his work force or changes hours. If there is no restriction on the number of employees or the hours of operation, how would you monitor this? Community Development Director Gunderman responded that there` are two ways: 1) During the Design Review process we would request to the Commission a continuous six month review of the project to ensure compliance; 2) Periodic inspections through code enforcement. Commissioner Saathoff responded that this is feasible but difficult to implement, and puts a substantial burden on the City. If this is done then the applicant should initiate, once ever six months or annually, something to substantiate the fact that parking spaces required originally are still adequate, and put the burden on the applicant not the City. This should be included whether it be in the amendment or on a case-by-case basis. Community Development Director Gunderman responded that the intent was for a case-by-case basis, rather than including it in the ordinance. Chairman Brown stated that he had the same concerns. Suggested that number 2.b. be amended to read: "An initial parking study and an annual review which supports the findings that the number of parking spaces actually needed for a development and/or use is less than that required by the Code." Commissioner Saathoff stated that there may be certain situations where there would not be a need for an annual report. On a case -by case basis, we could require more frequent reports or less frequent reports. Commissioner Saathoff commented on number 2.g. with regard to an applicant requesting reduced parking spaces and increasing the size of the building. Chairman Brown stated that he would like this to go back for further review. The parking issue will have to be addressed --you may not have to improve the other area which would otherwise be dedicated for parking, but you have to go ahead and dedicate enough area on the plot plan to meet the original code. Discussion ensued on whether or not the convertible area could be utilized for storage; parking spaces to be provided so that they run with the building if the use should change and additional parking is required; continuing the proposal for further review. Motion by Commissioner Saathoff to continue Zone Code Amendment 89-3 to a future meeting, second by Commissioner Wilsey. Approved 4-0 2. Tentative Tract Map 23988 - Ortega Partners - Chairman Brown stated that staff has requested that this item be continued to February 7, 1990, and asked if there were any comments from the table. Community Development Director Gunderman gave a brief overview on the meeting of January 10th between the applicant, property owners' representative and staff. ACENDA ITEM NO. PAGE v2 OF—= Minutes of Planning Commission January 17, 1990 Page 3 TENTATIVE TRACT MAP 23988 CONTINUED At this time, 7:23 p.m., Commissioner Wilsey left the table. Chairman Brown asked if the proposal was on schedule for the meeting of the 7th. Planning Manager Thornhill stated that this depends on whether or not we can get together with the applicant and the property' owners' representative again prior to the next meeting. There is a meeting tentatively scheduled for Monday, January 22, 1990. Chairman Brown informed the people in the audience present for this item, that staff has recommended this item be continued to February 7th with a possibility that it could be continued again. Motion by Commissioner Saathoff to continue Tentative Tract Map 23988 to February 7, 1990, second by Commissioner Gilenson. Approved 3-0 (Commissioner Wilsey absent from the table) 3. Tentative Parcel Map 25157 - Bainbridge Investment, Inc. - Chairman Brown stated that staff has requested that this item be continued to February 21, 1990, and asked if there was anyone in the audience here for this item. Receiving no response, Chairman Brown called for a motion. Motion by Commissioner Saathoff to continue Tentative Parcel Map 25157 to February 21, 1990, second by Commissioner Gilenson. Approved 3-0 (Commissioner Wilsey absent from the table) At this time, 7:26 p.m., Commissioner Wilsey returned to the table. 4. Tentative Tract Map 24624 - Centex Homes - Planning Manager Thornhill presented a proposal to subdivide 203.4 acres into 589 single-family lots, generally located south of the extension of Mountain Avenue and west of the terminus of Broadway Avenue. Anticipated environmental impacts for this proposal are addressed by Environmental Impact Report 88-2 which was certified by the City Council on December 12, 1989. Planning Manager Thornhill stated that the Engineering Department has requested that condition number 34 be deleted, and condition number 30 amended to read, as follows: Condition No. 30: "I" Street from Grand Avenue to northerly tract boundary shall have an 80 foot right-of-way with 64 foot curb -to -curb, a landscaped median, a 6 foot parkway on the west side and a 10 foot parkway on the east side. The east side parkway shall have a 6 foot sidewalk the entire length and the west side parkway shall have a 6 foot sidewalk from Grand Avenue to the first street north of "I -I" Court." Chairman Brown opened the public hearing at 7:36 p.m. asking if anyone wished to speak in favor of Tentative Tract Map 24624. Mr. Mike Aller, Centex Homes, stated that they agree with the conditions of approval; however, has not had an opportunity to review the revised condition on the roadway width, and would like to request that staff work with us regarding reimbursement for that portion of the design that is over the needs of this development. ACE;�DA ITEM NO. PAGE 15 0F r Minutes of Planning Commission January 17, 1990 Page 4 TENTATIVE TRACT MAP 24624 Mr. Aller stated that the exact unit count is 590, and the density --thinks it is important to include the park site of 26 acres which is to the south of the project. Once you consider that into our total acreage the density is reduced to 2.6 dwelling units per acre, which is below the adjacent development. Mr. Aller commented on condition number 16.e. pertaining to the preservation of the single coast live oak tree, stating the problem with the tree is that it is located directly in the centerline of the flood control channel that the assessment district is building. We would like this reworded that we will replace that tree with a 10:1 ratio to be planted in the oak grove, which is a 2.37 acre parcel, or plant the trees in the rectangular riparian area. Chairman Brown asked if anyone else wished to speak in favor of Tentative Parcel Map 24624. Receiving no response, Chairman Brown asked if anyone wished to speak in opposition. Receiving no response, Chairman Brown asked if anyone wished to speak on the matter. Mr. William Bishop, 40492 Corta Lucia, Murrieta stated that his property touches the Centex property line for about 40 feet at Lot #592. Concerned with the access to his property at the southeast corner. Requested that the approval of Lots 590 and 591 be delayed until he can have discussions with Centex, Butterfield Engineering and the Planning Division about this access. Chairman Brown asked if there was anyone else wishing to speak on the matter. Mr. Robin Johnson, 15018 Vista View, commented on the impacts on the neighborhood pertaining to traffic and possible loss of view. Chairman Brown asked if there was anyone else wishing to speak on the matter. Receiving no response, Chairman Brown closed the public hearing at 7:45 p.m. Commissioner Gilenson commented on the restriction of access Mr. Bishop referred to. Considerable discussion ensued on this access. Commissioner Saathoff commented on the northerly extension of "I" Street, and the need for stop signs to be placed at some of the intersections. Commissioner Wilsey commented as follows: - condition number 16.e., pertaining to the oak tree, asked about the tree planting formula used for Cottonwood Hills and whether or not this formula could be adopted for this proposal. - Suggested that the developer get together with the property owners in the area and alleviate any concerns. - The multi-purpose trail running through the development, recommended the following be added as as a condition: "Project shall coordinate with the City and the Riverside County Parks Department to construct the portion of the recreational trail system that runs through the project." AGENDA ITEM NO. PAGE = OF Minutes of Planning Commission January 17, 1990 Page 5 TRACT MAP 24624 Discussion ensued on the multi-purpose trail system with regard to dedication of land, width of trail, development of design standards, and responsibility of maintenance. Commissioner Saathoff suggested dedication and construction of a multi-purpose trail with approval subject to the Community, Development Director or his designee. Commissioner Wilsey commented on the requirement for multi- purpose trail system placed on adjacent tracts, and the need to complete the design criteria for said trail systems. Discussion ensued on the multi-purpose trail system with regard to requiring dedication of land only; location of said trail; trail system to come back before the Commission, and elimination of the Class "A" Bike Trail for the all purpose trail. Chairman Brown commented as follows: - Condition number 4, change the word "grading" to "building". - Condition number 7, delete the words "or grading". - Condition number 16.d., add second sentence: "Slope and erosion control plans shall be submitted and approved prior to the issuance of grading permit." - Condition number 16.e., add: "if possible, if not replace at a ratio of 10:1 with two year growth trees, 20:1 at one year and 30:1 if less than one year mature. - Notification to property owners and when the last mailing was done. - Recon -mended addition of condition number 49: "Temporary access/right-of-way shall be provided to the Bishop parcel, and permanent access shall be provided and recorded with the final map." - Recommended addition of condition number 50: "All attempts will be made to dedicate area sufficient to coincide with the County's trail system, at the beginning of the terminus to match as closely as possible with that trail system. A final design and required dedication to be directed by the Community Development Director and if he is unable to do it then it shall come back to the Commission." Motion by Commissioner Saathoff to recommend to City Council approval of Tentative Parcel Map 24624 based on the Findings and subject to the 48 Conditions of Approval listed in the Staff Report with the following amendments: Condition No. 4: "House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project." Condition No. 7: "Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are AGENDA ITEM NO. PAGE '-"V . OF_! _ Minutes of Planning Commission January 17, 1990 Page 6 TRACT MAP 24624 CONTINUED desired), back-up wall areas, street trees and slope planting in accord with the City Landscape Guidelines, -prior to issuance of building permit. At least one (1) model home to include a Xeriscape landscaping theme." Condition No. 16.d: "Native plant material shall be used for re -landscaping of cut and fill slopes. Slope and erosion control plans shall be submitted and approved prior to the issuance of grading permit." Condition No. 16.e: "The fresh water willow pond located on the southern corner of the proposed park shall be set aside and protected from intrusion from the local mining operation. A single coast live oak overlooking the pond shall also be preserved if possible, if not replace at a ratio of 10:1 with two year growth trees, 20:1 at one year and 30:1 if less than one year mature. Condition No. 30: "I" Street from Grand Avenue to northerly tract boundary shall have an 80 foot right-of-way with 64 foot curb -to -curb, a landscaped median, a 6 foot parkway on the west side and a 10 foot parkway on the east side. The east side parkway shall have a 6 foot sidewalk the entire length and the west side parkway shall have a 6 foot sidewalk from Grand Avenue to the first street north of "I -I" Court." Condition No. 34: "I" Street from Grand Avenue to "F" Court shall have 80 foot right-of-way and 64 foot curb -to -curb. DELETE. Condition No. 49: "Temporary access/right-of-way shall be provided to the Bishop parcel, and permanent access shall be provided and recorded with the final map." Condition No. 50: "All attempts will be made to dedicate area sufficient to coincide with the County's trail system, at the beginning of the terminus to match as closely as possible with that trail system. A final design and required dedication to be directed by the Community Development Director and if he is unable to do it then it shall come back to the Commission." Second by Chairman Brown with consideration by the table on addition of condition number 51, which will read: Condition No. 51: "City to draft a reimbursement agreement for the oversizing of "I" Street. Commissioner Saathoff amended his motion to include the addition of condition number 51. Approved 4-0 At this time, 8:30 p.m., the Planning Commission recessed. At this time, 8:42 p.m., the Planning Commission reconvened. AGENDA ITEM NO. �•. PAGE OF� Minutes of Planning Commission January 17, 1990 Page 7 5. Vesting Tentative Tract Map 25274 - Pardee Construction - Planning Manager Thornhill stated that the applicant could not make the meeting due to weather conditions and requests that this item be continued. Motion by Commissioner Saathoff Tract Map 25274 to February 7, Approved 4-0 BUSINESS ITEMS to continue Vesting Tentative 1990, second by Chairman Brown. IT WAS THE CONSENSUS OF THE COMMISSION THAT BUSINESS ITEMS 8, 7 AND 9 BE MOVED TO THE BEGINNING OF THE BUSINESS ITEMS. 8. Industrial Project 89-8 - Paul Carrara - Associate Planner Restivo presented a proposal to construct an 18,255 square foot industrial building on approximately one acre, located 135 feet south of Minthorn Street, east of Third Street. Chairman Brown asked if there was anyone present representing the applicant and if there were any concerns. Mr. Paul Carrara stated that he was in agreement with staff recommendation. A brief discussion was held on condition number 17, pertaining to roof mounted equipment. Motion by Commissioner Wilsey to recommend to City Council adoption of Negative Declaration 89-38 and approval of Industrial Project 89-8 based on the Findings and subject to the 45 Conditions of Approval listed in the Staff Report, second by Commissioner Gilenson. Approved 4-0 7. Residential Project 89-22 - Pardee Construction - Chairman Brown stated that there has been a request for continuance on this proposal, and called for a motion. Motion by Commissioner Wilsey to continue Residential Project 89-22 to February 7, 1990, second by Commissioner Saathoff. Approved 4-0 9. Industrial Project 89-11 - Jess Rodriguez - Chairman Brown stated that there has been a request for continuance on this proposal, and called for a motion. Motion by Commissioner Wilsey to continue Industrial Project 89-11 to February 7, 1990, second by Commissioner Saathoff. Approved 4-0 6. Determination of Substantial Conformance with General Plan - County of Riverside (Continued from January 3, 1990) - Planning Manager Thornhill stated that this is a request for conformity with the General Plan for the disposal of 3.11 acres of property located on the south side of Railroad Canyon Road, approximately one-half mile southwest of its intersection with Cottonwood Canyon Road. Government Code Section 65402 states that whenever real property is acquired or disposed of, a determination of General Plan consistency shall be made by the Planning Commission. Pardee Construction is proposing to purchase the property from the County of Riverside; in order to effectuate the sale, the Government Code determination must be rendered prior to disposal by the County. There being no discussion at the table, Chairman Brown called for a motion. AGENDA ITEM NO. ■ • PAGE OF _� Minutes of Planning Commission January 17, 1990 Page 8 DETERMINATION OF SUBSTANTIAL CONFORMANCE WITH GENERAL PLAN Motion by Commissioner Saathoff to notify the County of Riverside that the property is in substantial conformance with the General Plan for the City of Lake Elsinore, second by Commissioner Gilenson. Approved 4-0 10. Commercial Project 89-8 - Krouse Builders - Associate Planner Restivo presented a proposal for the construction of a 7,250 square foot commercial building on .344 gross acres, located at the northeast corner of Scrivener Street and Graham Avenue. Chairman Brown asked if there was anyone present representing the applicant and if there were any concerns. Mr. Fred Crowe, Butterfield Surveys/The Keith Companies, stated that they prepared the map and would try to answer any questions that arise. There being no discussion at the table, Chairman Brown called for a motion. Motion by Commissioner Saathoff to recommend to City Council adoption of Negative Declaration 89-53 and approval of Commercial Project 89-8 based on the Findings and subject to the 56 Conditions of Approval listed in the Staff Report, second by Commissioner Wilsey. Approved 4-0 COMMUNITY DEVELOPMENT DIRECTOR'S COMMENTS Community Development Director Gunderman stated that Ramsgate will be coming before the Commission soon, and there are a number of issues that are likely to be a part of this project. We felt that it would be appropriate to set up a subcommittee, consisting of two Planning Commissioners and two Councilmembers, to sit with staff and the developer to discuss and resolve major issues prior to public hearing. Therefore, we would request that the Commission appoint two Commissioners to serve on this subcommittee. We hope that there will not be more than two meetings and a follow-up meeting to insure that all issues have been complied with. Commissioners Saathoff and Gilenson were appointed to serve on this subcommittee, and Commissioner Wilsey as an alternate. PLANNING COMMISSIONER'S COMMENTS Commissioner Wilsey Inquired about the multi-purpose trail standard implementation status. Community Development Director Gunderman stated that this was discussed today with Community Services Director Watenpaugh, who has responsibility for developing those standards, and he expects to have a standard ready for review within 30 days. Commented on the 75% rule for zoning, and possibly the need for a meeting with City Council to discuss interpretation and guidelines for this 75% rule, and how staff should be handle this. The trail information that we have dealt with in the past, the most recent was on the Marinita Tract, should be made available to City Council. AGENDA ITEM NO. .— PAGE J? OF Minutes of Planning Commission January 17, 1990 Page 9 PLANNING COMMISSIONER'S COMMENTS CONTINUED Commissioner Gilenson Commented on major streets within the City being flooded, and asked if there was anything that could be done to alleviate some of the flooding, short of major reconstruction. Community Development Director Gunderman responded that this is one of the reasons that we have been so involved in assessment districts, so that we can get the funds available to do those types of things. Commissioner Saathoff Nothing to report. Chairman Brown Requested that staff contact the City Attorney to see if it is included in the CC & R's that we have a right to enforce CC & R's assigned to or extended to the City. The apartment unit at Robertson and Riverside Drive is being vandalized again, the bank should be notified that they have 15 days in which to board up the building and secure the property or we shall start abatement procedures. Community Development Director Gunderman stated that we can post the building and temporarily secure the property, and then we will begin the notification process. Commissioner Brinley Absent. There being no further business, the Lake Elsinore Planning Commission adjourned at 9:05 p.m. Motion by Commissioner Wilsey, second by Commissioner Saathoff. Approved 4-0 Approved, Jeff Brown, Chairman Respectfully submitted, Linda Grindstaff Planning Commission Secretary AGENDA ITE yI t4O. L� PAGE OF REPORT TO THE CITY COUNCIL DATE: Feburary 13, 1990 SUBJECT: Building Activit Report- Month e ort Month of January 1990 PREPARED BY-46L-,C'APPROVED BY: Community Developm� Director City Man ger Dave Gunde �n Ron Molendyk DISCUSSION: Attached is the Building Activity Report which also includes information for year-to-date and last twelve (12) months for comparison. RECOMMENDATION• Receive and file. ACxENDA ITEM NO. -L C I T Y O F L A K E E L S I N O R E DIVISION OF BUILDING AND SAFETY ACTIVITY REPORT - January 1990 NEW 1 - Single Family Residence .......................... $ 142,00b 8 - Duplexes - Bldgs - 8 Units -16 ................. 1,248,000 0 - Multiple Family - Bldgs - 0 Units - 0 .......... 0 1 - Commercial ....................................... 100,000 0 - Industrial 0 0 - Mobile Home Installations $ 0 ADDITIONS/ALTERATIONS 24 - Residential ...................................... 37,744 6 - Commercial ...................................... 11,000 0 - Industrial ..................................... 0 0 - Mobile Home ...................................... 0 13 - Swimming Pool/Signs/Blockwall/Misc. .............. 59,580 5 - GRADING .......................................... 7,800 Month of: January Calendar Year: Last 12 Months: Plumbing Permits: Electrical Permits: Mechanical Permits: ANNUAL COMPARISON CURRENT YEAR No. Permits Valuation 58 $ 1,606,124 58 $ 1,606,124 1079 $49,189,079 Description NEW SINGLE FAMILY 211 Davis NEW DUPLEX 654 - 663 Woodcrest NEW COMMERCIAL 32700 Riverside Drive 34 26 15 PRECEDING YEAR No. Permits Valuation 74 $ 5,620,145 74 $ 5,620,145 1159 $59,200,033 23 36 40 Owner Valuation Advent Builders, Inc. $ 142,000 P.J Fenton $1,248,000 I. Palmer $ 100,000 AGENDA ITEM NO. .�,,� PAGE O� OF REPORT TO CITY COUNCIL FEBRUARY 1 1990 SUBJECT: CODE ENFORCEMENT ACTIVITY REPORT MONTH OF JANUARY 1990 I PREPARED BY PROVED: t Dave derman Ron Mol ndyk Commu ' y Development City Ma ager Director DISCUSSION Attached is the Code Enforcement Activity Report for the month of December, which also includes information on the previous month and year-to-date. Receive and file AGENDA ITEM NO. 3 PAGE ,_ OF_� CITY OF LAKE ELSINORE DIVISION OF CODE ENFORCEMENT ACTIVITY REPORT - JANUARY, 1990 AGENDA ITEM NO. %_ PAGE OF CURRENT PREVIOUS YEAR -TO MONTH MONTH DATE COMPLAINTS: Resident Complaints 7 40 7_ Staff Initiated Complaints _181 25 _181u Total Complaints Received _188 65 `188 Total Violations Corrected 140 45 140 REFERRALS TO OTHER AGENCIES/DIVISIONS Animal Control 2 1 2 Building & Safety 9 2 —9— Business Licensing 14 0 _14 Health Department 0 0 0 Public Works 19 9 19 Sheriff's Department 14 14 _14 Water Department 0 2 —0— COURT CASES: Court Hearings (Disputed Citations) 1 2 1` Violations Corrected 0 0 NUSIANCE ABATEMENT: Cases Set for Nuisance Abatement Hearing 5 0 5_ Total Abatement Completed 0 0 0_ TOTAL CASES CLOSED: 198 71 198 AGENDA ITEM NO. %_ PAGE OF REPORT TO THE CITY COUNCIL DATE: February 13, 1990 SUBJECT: Structure Abatement Activity ReRort - January 1990 PREPARED BY: APPROVED BY: �4_ Community Develo ent Director City Ma ager Dave Gun rman Ron Molendyk DISCUSSION: Attached is the Structure Abatement Activity Report which contains information on monthly activity and the number of properties involved in the abatement program and their status. RECOMMENDATION• Receive and file. AGENDA ITEM NO. �. PAGE a OF C I T Y O F L A K E E L S I N O R E DIVISION OF BUILDING AND SAFETY ACTIVITY REPORT ON STRUCTURE ABATEMENT - JANUARY 1990 New structures in abatement ................. Properties currently being demolished........ Total structures being rehabilitated ........ Structures at Intent Notice ................. Structures at First Notice .................. Structures at Second Notice ................. (For addresses of properties see attached sheet) Current Previous Month Month 5 0 0 1 7 9 3 8 5 5 5 3 STATUS OF STRUCTURE ABATEMENT PROGRAM TO -DATE Total structures that have been demolished by owner......... 47 Total structures that have been rehabilitated ............... 27 Structures demolished by the City ........................... 5 Total structures in the abatement program ................... 104 Ll apu� Z OF ACTIVITY REPORT ON STRUCTURE ABATEMENT - JANUARY 1990 NEW STRUCTURES IN ABATEMENT 16313 Arnold Avenue - S.F.R. with structural damage 16420 Bailey Avenue - Substandard Garage 1250 Cole Street - Vacant S.F.R. 120 E. Franklin - Substandard Apartment 18010 Heald Avenue - Hazardous S.F.R. PROPERTIES BEING DEMOLISHED STRUCTURES BEING REHABILITATED 208 North Lowell - S.F.R. 32401 Stoneman - Unfinished structure, R.V. Park 210 Riley - Multi -Family 212 Riley - Multi -Family 422 Granite - S.F.R. 309 North Lowell - S.F.R. 29492 Nichols - S.F.R. STRUCTURE AT INTENT NOTICE 506 Minthorn - Commercial 17384 Bromley - Vacant S.F.R. 1119 Cleveland Court - Repossessed S.F.R. STRUCTURES AT FIRST NOTICE 17384 Bromley - Vacant S.F.R. 214 North Kellogg - Illegal Unit 17501 Collier Avenue - Dilapidated S.F.R. 405 Flint - Substandard S.F.R. 17584 Lawrence Way - Vacant and unsecured STRUCTURES AT SECOND NOTICE 16550 Arnold Avenue - Hazardous S.F.R. 29310 Pinnell (A.P. #378-090-029-6) - Substandard Shed 303 West Pottery - Substandard Multi -family 18520 Collier Avenue - Abandon S.F.R. 30490 Wilson Way - Poorly Maintained S.F.R. LAKE ELSINORE PAGE NO. 1 DEMAND/WARRANT REGISTER NO, 90-072 DATE 01/31/90 PAYEE WARRANT CHECK TOUCHER NO. DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'A INV, NO, AMOUNT NO. AMOUNT A - Z BUS SALES ACE LOCK & KEY ALEXAS MUSIC PRODUCTIONS GEORGE ALONGI ARBOR PRO TREE SERVICE ARTMASTER BOOK CO. ASSOCIATED EQUIPMENT CO. B & L INDUSTRIAL FABRICATIO BALLEW & ASSOCIATES, INC. BIG AL OIL CO. PAM BRINLEY JEFF BROWN B.S.I. CONSULTANTS, INC. WILLIAM S. BUCK WILLIAM S. BUCK BUTTERFIELD ENGINEERING C.M.S. BUSINESS FORMS STATE BOARD OF EQUALIZATION CALIF. DEPT. OF TRANSPORTATI CALIF. DEPT. OF CONSERVATIO CALIF. EMPLOYMENT DEVELOPME CALIF. EMPLOYMENT DEVELOPME 18061 18068 18049 18063 18061 18065 18066 18067 18068 18069 18070 18071 18072 18073 17887 18074 18075 18041 1807( 18077 18076 18075 AGENDA ITEM NO.- q rv, PAGE -�' OF LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-072 PAYEE ;CHER DETAIL OF DEMANDS PRESENTED 40. DESCRIPTION I ACCOUNT CHG'D :ALIF. EMPLOYMENT DEVELOPME CALIFORNIA GLASS 6 SUPPLY CALIFORNIA SOCIETY OF CAR -TEL AUTO TRUCK ELECTRIC FERESA CHERVENY CHEVRON U.S.A. INC. COAST MEDIA PUBLICATIONS FRED DOMINGUEZ KAREN DREWS CUSTOM DECORATC EASTMAN KODAK COMPANY ELSINORE INVESTMENTS ELSINORE OFFICE PRODUCTS ELSINORE READY MIX CO., INI ELSINORE VALLEY RENTALS FEDERAL EXPRESS CORP. FIRST AMERICAN TITLE INS. FIRST TRUST BANK FIRST TRUST BANK FONTANA PAVING, INC. FORD MOTOR CREDIT CO. G.T.E. CALIFORNIA INC. G.T.E.L_ INV. NO. AGENDA ITEM NO. PAGE OF F PAGE NO. 2 DATE 01/31/90 WARRANT CHECK WRITTEN AMOUNT NO, AMOUNT 18042 3040.53 18080 184.33 18081 50.00 18082 326.25 18083 150.00 18084 15.23 18085 5080.00 18086 300.00 18057 3500.00 18087 602.81 18050 6289.73 18088 102.36 18089 88.70 18090 33.00 18091 82.00 18092 75.00 17885 23062.03 1805+ 22349.47 18093 863.36 18094 1666.75 18095 2248.75 18096 2193.54 AGENDA ITEM NO. PAGE OF LAKE ELSINORE PAGE NO. 3 DEMAND/WARRANT REGISTER NO. 90_072 DATE 01/31/90 PAYEE WARRANT CHECK VOUCHER NO - DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTtON ACCOUNT CHG'D INV. NO- AMOUNT NO. AMOUNT EARHARTS SERVICE STATION ONY GILENSON OLDEN OFFICE TRAILERS, INC. REINER AVID A. GUNDERMAN AWKINS TRAFFIC SAFETY ERRERA INTERIORSCAPES EWLETT PACKARD CO. INCKLEY & SCHMITT .C.B.O. RIVERSIDE CO. CHAP? CMA RETIREMENT TRUST CMA RETIREMENT TRUST . & R. LANDSCAPE MAINT., IN OBS AVAILABLE OHN'S SERVICE CENTER OHNSON TRACTOR ICKI LYNN KASAD AKE ELSINORE ANIMAL FRIENDS AKE ELSINORE AUTO PARTS ITY OF LAKE ELSINORE ITY OF LAKE ELSINORE ITY OF LAKE ELSINORE T 18097 18096 18099 18100 18101 18102 18058 18103 18104 18105 18106 18043 18107 18108 18109 18110 18111 18112 18113 17884 18055 18053 AGENDA ITEM NO. PA -GE OF 30.00 100.00 144.19 515.25 900.00 374.29 2800.00 1486.00 176.90 L 50.00 1134.42 1134.42 2691.50 74.70 50.00 355.04 200.00 S181.66 110.39 56438.85 54395.77 406.61 LAKE ELSINORE PAGE NO. 4 DEMAND/WARRANT REGISTER NO. 90_072 DATE 01/31/90 PAYEE WARRANT CHECK VOUCHER DETAIL OF DEMANDS PRESENTED WRITTEN N0. OESCRIPTiON ACCOUNT CHWO iNV NO. AMOUNT NO AMOUNT AKE ELSINORE FLORIST & GIF AKE ELSINORE TIRE & AUTO AKE ELSINORE TRAVEL SERVIC AKE ELSINORE VALLEY CHAMBE AKESIDE CHEVROLET, INC. EAGUE OF CALIFORNIA CITIES . J. M. ELECTRINICS AC FARLANE & ASSOCIATES, I OUG MARTIN CONTRACTING, IN B. S. / LOWRY ATIONAL RECREATION & PARK ATIONAL RECREATION & PARK OUNTY OF ORANGE ATEGA STATIONERTS 1. E. R. C. ACIFIC SAFETY EQUIPMENT ILL PAYNE HE PHOTO PLACE 'HE PRESS ENTERPRISE 'HE PRICE CLUB 'HE PRICE CLUB 'RICE SECURITY SYSTEMS 18114 18115 18116 18044 18117 18118 18119 18120 18121 18122 18123 18124 18125 18126 18127 18125 18129 18130 18131 18135 18051 18132 AGENDA ITEM NO. PAGE aF S LAKE ELS INORE PAGE NO. 5 DEMAND/WARRANT REGISTER NO. 90-078 DATE 01/31/90 PAYEE WARRANT CHECK TOUCHER NO. DETAIL OF DEMANDS PRESENTED WRITTEN DESCRiP-100 ACCOUNTCHG'❑ INV. NO. AMOUNT NO. AMOUNT PRUDENTIAL OVERALL SUPPLY LINDA PTOLEMY PUBLIC WORKS, INC. RIVERSIDE COUNTY FEDERAL RIVERSIDE COUNTY FEDERAL COUNTY OF RIVERSIDE — OFFICE PHYLLIS ROGERS SILL SAATHOFF SAFETY—KLEEN CORP. SERENDIPITY GALLERY $ETON NAME PLATE.CORP. PAMELA SHIPLEY WARREN C. SIECKE SIGNAL MAINTENANCE, INC. SOIL d TESTING ENGINEERS, IN SOUTHERN CALIFORNIA EDISON C SOUTHERN CALIFORNIA EDISON C BILL STARKEY BILL STARKEY STATE COMPENSATION INSURANCE �jSTOCKWELL & BINNEY jST00RZA, ZIEGUAS & METZGER,I 18134 17886 18135 18135 1804 1813 1813 1813 1814 1805 1814 1804 18142 18143 18144 18145 18146 18147 18048 18148 18149 18150 AGgNDA ITEM 0 PACS I LAKE ELS I NORE PAGE NO. 6 DEMAND/WARRANT REGISTER NO. 90-072 DATE 01/31/90 PAYEE WARRANT CHECK }OCHER DETAIL OF DEMANDS PRESENTED WRITTEN H0. ❑ESCRIPTION ACCOUNT CHG'a INV. NO. AMOUNT f NO. AMOUNT TRAIGHTLINE CONCRETE CUTTIN, TUDIO 7 ARCHITECTURE/PLANNI EXACO REFINING -MARKETING IN HOMAS TEMPS HOMPSON PUBLISHING GROUP USSELL TOURVILLE CONSTRUCT! P. S. NITED STATES POSTMASTER IKING OFFICE PRODUCTS 'ILLAGE EQUIPMENT RENTAL ,ARY WASHBURN JCHARD WATENPAUGH IESTERN HIGHWAY PROD., INC. ►L WILSEY rIM WINKLER tAY WOOD ASSOCIATES .UMAR INDUSTRIES 1MERICAN SEATING COMPANY JILDAN ASSOC. :FORGE MC CURDY 3. F. M. ASSOCIATES :HARLES J. FENNER 8151 8047 I 8152 8153 8154 8155 8156 18058' 18157 18158 18159 18160 18161 18162 18163 18164 18165 18166 18167 1 81 6E 18165 1817( AGENDA ITEM NO. - 9 PAGE OF 356.00 4185.00 102.76 938.78 179.00 , 47446.70 67.02. I 869.S81 196.83 49.50 300.00 200.00 294.29 100.00 300.00 3675.00 471.33 99.66 4953.00 100.00 29.06 18.97 LAKE ELSINORE PAGENO. 7 DEMAND/WARRANT REGISTER NO. 90_072 DATE 01/31/90 PAYEE WARRANT CHECK N0.. OUC i DETAIL OF DEMANDS PRESENTED WRITTEN i` DESCRIPTION ACCOUNT CHGT INV. NO. AMOUNT NO. AMOUNT ITE HEADQUARTERS 18171 27.00 SOUTHLAND TRUCK d EQUIP SALE 18172 16714.36 SANTEE DAIRIES INC 18173 27.00 R.J. LOVINGIER INC. 18174 14634.80 EILEEN PIERCE 18175 35.00 OPR 18176 33.50 JOANN MATTINSON 18177 35.00 LINDA LEFEBURE 18178 35.00 NATIONAL CAREER WORKSHOPS 18179 69.00 CARL GRAVES 18180 34.71 AGENDA I-TEM �NjO. PAGE J3— OF �' LAKE ELS I NORE PAGE NO. 8 DEMAND/WARRANT REGISTER NO. 90-072 DATE 01/31/90 PAYEE j WARRANT A RA CHECK DUCKER DETAIL OF DEMANDS PRESENTED TT N0. EN DESCRIPTION I ACCOUNT CHG'D INV. NO. AMOUNT NO. I AMOUNT RECAP BY FUND GENERAL FUND 100 STATE GAS TAX FUND 110 LIGHTING/LANDSCAPE DISTRI130 STREET CAPITAL PROJECTS F201 SIGNAL CAPITAL PROJECTS F204 A.D. 87-2 DEBT SERVICE FU351 L.E.T.S. FUND 450 RITTEN REPAID CCRUED OTAL RE -PAID 179612.34 .00 55.20 .00 .00 6289.73 237.07 221864.10 186194.34 .00 408058.44 RITTEN 149927.20 41408.10 7133:30 6023.281 14900.00 .00 2472.221 A*ENDA ITEM O. OF PAGE.�� rd i WHEREAS, the general public has the opportunity to meet the local judges only occasionally and on a limited basis, and WHEREAS, the California Legislature has -- designated March 4 through 10, 1990, "Meet Your - Judges Week", calling on judges throughout California to participate in community forums to Enable the general public to meet with their local judges and learn about the role of judges in the legal system; and - WHEREAS, the City Council of the City of -- Lake Elsinore is committed to encourage our public to heighten its understanding of the operations of our courts and of the problems faced by both judges and the public in dealing with our judicial system. NOW, THEREFORE, the Mayor and City Council of the City of Lake Elsinore on this 13th day of February, 1990, does hereby support "MEET YOUR JUDGES" week, and encourage the citizens of the City of Lake Elsinore to participate in the public forums planned during that week within the Three - Lakes Judicial District. JIM WINKLER, MAYOR CITY OF LAKE ELSINORE AGENDA ITEM NO. PAGE OF�� REPORT TO CITY COUNCIL DATE: February 13, 1989 SUBJECT: Property Acquisition PREPARED BY: f. APPROVED BY: Ray Wood, Administrat- a Ron Molend k, City Manager Services Director BACKGROUND As a part of the continuing development around the Lake and future widening of Lakeshore Drive the City will need to acquire property from time to time. The County of Riverside has notified the City of certain properties throughout the City which will be sold at a Tax -Defaulted sale in March. Under Sections 3695 and 3695.4 of the Revenue and Taxation Code the City can request removal of any property from the sale list and acquire said property by payment of tax liens against it. FINDINGS Of the properties on the sale listing from the County, two are in the area between Lakeshore Drive and the Lake and fit into the future needs for development of that area. In order for the City to acquire the parcels it is necessary to adopt a resolution in accordance with the above cited code and submit it to the County. FISCAL IMPACT The cost of acquisition of the two parcels by the City will be approximately $4,500. RECOMMENDATION It is recommended that the City Council adopt Resolution No. qp-y and authorize staff to proceed to acquire the respective parcels. AGENDA ITEM NO. PACS OFJ - RESOLUTION NO. ► O —"A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA CONCERNING THE ACQUISITION OF CERTAIN TAX -DEFAULTED PROPERTY. WHEREAS, the City of Lake Elsinore (hereinafter "City") has been informed by the County of Riverside that certain tax -defaulted parcels are being offered for sale at public bid; and WHEREAS, the City of Lake Elsinore desires to acquire two of those parcels, specifically, Assessor's Parcel Numbers 374-302-001-6 and 374-312-023-7, valued at fifteen hundred dollars ($1,500) and twenty-five hundred dollars ($2,500) respectively; NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1. That the foregoing recitals are true and correct. 2. That the City of Lake Elsinore hereby objects to the public sale of Assessor's Parcel Numbers 374-302-001-6 and 374-312-023-7, more specifically described in Exhibit "A" attached hereto. 3. That City of Lake Elsinore desires to enter into a Purchase Agreement with the County of Riverside, pursuant to Chapter 8 of the California Revenue and Taxation Code. The City hereby offers to purchase Parcel Number 374-302-001-6 for fifteen hundred dollars ($1,500) and Parcel Number 374-312-023-7 for twenty-five hundred dollars ($2,500). City agrees to pay for the legal notice of said sale to be published in the Riverside Press Enterprise, pursuant to Section 3793.6(A) of the California Revenue and Taxation Code. City further agrees that it will be responsible for said publication costs should the property be redeemed after the first publication nullifying the agreement to purchase and further for the payment of one hundred dollars ($100) per lot book required pursuant to Section 3799 of the aforesaid Code. 4. The City of Lake Elsinore intends to put the subject property to a public use specifically, construction of facilities related to flood control and lake stabilization and management. PASSED, APPROVED AND ADOPTED this 13th day of February, 1990 upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: ATTEST: VICKI L. KASAD, CITY CLERK JIM WINYLER, MAYOR APPROVED AS TO FORM AND LEGALITY: JOHN HARPER, CITY ATTORNEY AGENDA ITEM NO.� PACS OF REPORT TO CITY COUNCIL DATE: FEBRUARY 13, 1990 SUBJECT: NORTHWEST SEWER PROJECT - EQUIPMENT BIDS PREPARED BY: APPROVED BY. �/// . � RON AIRC.M NER RON MO YR DIRECTOR OF PUBLIC CITY GER SERVICES BACKGROUND The plans are being finalized for this project which will provide an extension of the sewer facilities in the Warm Springs area and for proposed development along Collier Street from Central to Nichols. The project will include the construction of two lift stations. A preliminary Engineer's Report is scheduled to be presented to the City Council on March 13th at which time the Council will be required to set a bid date. FINDINGS Staff has learned that the pump station equipment can require up to four months to secure delivery plus installation time. To minimize any delay to the completion of the project, staff requests authorization to take bids on this equipment prior to the sewer bid date. The equipment can then be purchased and be made available to the sewer contractor for installation at the appropriate time. FISCAL IMPACT All expense of this project is funded by Assessment District 86-1, with funds advanced by the Redevelopment Agency for engineering, and easement acquisition costs. Staff requests additional front-end funding for this equipment purchase estimated at $160,000.00. RECOMMENDATION Authorize the acquisition of lift station equipment prior to project bidding. AGENDA ITEM NO..�� PAGE OF RESOLUTION NO.0-'i' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS WHEREAS, the City Council of the CITY OF LAKE ELSINORE, CALIFORNIA, heretofore instituted proceedings under the provisions of the "Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement in a special assessment district known and designated as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District", and, WHEREAS, at this time there have been submitted for final review the plans and specifications for certain equipment and materials necessary for the Assessment District, and it is the intention of the legislative body to call for sealed proposals or bids for said equipment and materials. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That the plans and specifications for certain of the equipment and materials in the Assessment District are hereby approved and authorized for bidding. 3. That the proposals or bids shall be opened and examined at a public meeting so called; and said results of the bidding shall be reported at the next regular meeting of this legislative body after the opening of the bids. 4. That the terms and conditions for bidding on the material and equipment for this Assessment District are as set forth in full in the Bid Documents in the specifications as previously approved. 5. Reference is hereby made to said Bid Documents heretofore approved and identified as "NOTICE INVITING SEALED PROPOSALS, NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (EQUIPMENT/PHASE I)". For all particulars as to bidding, the Notice Inviting sealed proposals above referenced and all incorporated documents and laws, including but not limited to the "Municipal Improvement Act of 1913" shall control. 6. That is is hereby determined that in the even the supplier contractor, contracting owners included, does not provide the equipment within the time limit specified in the contract or within the time limit as shall authorized, the supplier contractor or contracting owners, as the case may be, shall pay liquidated damages the amount or amounts as set forth in the specifications for the project, said amounts herein referenced and so incorporated. That is is impractical to determine the --actual damage which will be sustained by reason of such delay, but that the stated sums is a reasonable amount for said liquidated damages and is not being imposed as a penalty. AGENDA ITEM NO. PAGE OF 3 PASSED, APPROVED AND ADOPTED THIS DAY OF , 1990. AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: ABSTENTIONS: COUNCILMEMBERS ATTEST: VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPER, CITY ATTORNEY CITY OF LAKE ELSINORE JIM WINKLER, MAYOR CITY OF LAKE ELSINORE A�::[-:','.'DA ETE::; PT -.C= REPORT TO CITY COUNCIL DATE: February 13, 1989 SUBJECT: Copt/ Equipment PREPARED BY: APPROVED Ray Wood, Administra e Services Director BACKGROUND C` V BY: c, Ron Molendy , City Manager The City's Departments have high volume copy requirements for many types of documents. The requirements for City Council, Redevelopment Agency and Planning Commission Agendas are very high. the total volume now exceeds 100,000 copies per month. FINDINGS The City's current IBM copy equipment is not designed for nor capable of handling the volume requirements. The equipment suffers frequent breakdowns, causing schedule delays and excessive maintenance expense. The administrative Services Department has undertaken a study of the copier equipment offered by several of the major manufactures, including inquiry of present users, to determine which equipment will fully meet our present and anticipated needs. We have determined that the Kodak Ektaprint 235AF is the equipment which will best satisfy our requirements. FISCAL IMPACT The net purchase price to the City for the Kodak 235AF is $47,125. The 60 month lease purchase payment is $978.22, for a total of $58,693. RECOMMENDATION It is recommended that the City Council approve the acquisition of the Kodak 235AF copier on the Lease Purchase Plan. AGENDA ITEM NO. ` PAGE of REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13, 1989 SUBJECT: Bond Anticipation Notes PREPARED BY: _� - � �' APPROVED BY: Ray Wood, Administra ' e Ron olenCit Manager Services Director V�-" BACKGROUND In September, 1989, the Agency issue $3,500,000 Bond Anticipation Notes maturing March 12, 1990 for the purpose of acquisition of the Lehr property. At the time it was anticipated that the notes would be redeemed from the proceeds of a pending Tax Allocation Bond issue. As a result of the failure of a local newspaper to properly publish a related notice, the Bond Issuance Proceedings have been delayed to the extent that originally anticipated funds will not be available for the March 12, maturity. FINDINGS In order to meet the March 12, 1990, maturity of the original notes, new Bond Anticipation Notes will need to be issued. FISCAL IMPACT The necessity to follow this course of action will result in additional costs of issuance and interest on the new issue totaling approximately $328,875. RECOMMENDATION It is recommended that the City Council adopt Resolution No. and the Agency adopt Resolution No.R 0 A 5Q-1 authorizing the issuance of the related Bond Anticipation Notes. AGENDA ITEM NO. PAGE 0F_ RESOLUTION NO. I o -,5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE OF $3,800,000 PRINCIPAL AMOUNT OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. III TAXABLE REFUNDING BOND ANTICIPATION NOTES, 1990 SERIES WHEREAS, the Redevelopment Agency of the City of Lake Elsinore (the "Agency") proposes to issue its $3,800,000 principal amount of Rancho Laguna Redevelopment Project Area No. III Taxable Refunding Bond Anticipation Notes, 1990 Series (the "Notes"), under and pursuant to the provisions of Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California (the "Law")) and pursuant to the provisions of Chapter 6 of Division 6 of Title 1 (commencing with Section 5900) of the Government Code of the State of California (the "Taxable Law") and other applicable laws, for the purpose of refinancing redevelopment activities within and of benefit to the Agency's Rancho Laguna Redevelopment Project Area III; WHEREAS, Section 33640 of the Law requires the Agency to obtain the approval of the City Council of the City of Lake Elsinore prior to issuance of the Notes; and WHEREAS, the City Council approves of the issuance of the Notes as being in the public interests of the City of Lake Elsinore and of the Agency; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore, as follows: SECTION 1. Approval of Issuance of Notes. The City Council of the City of Lake Elsinore approves the issuance of the Notes by the Redevelopment Agency of the City of Lake Elsinore, as hereinabove described. SECTION 2. Effective Date. This Resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED this 13th day of February, 1990, by the following vote: AGENDA iTF-M N0. PAGE 0;= AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: FRED DOMINGUEZ, MAYOR PRO TEM ATTEST: VICKI L. KASAD, CITY CLERK APPROVED AS TO FORM AND LEGALITY: JOHN HARPER, CITY ATTORNEY AGEt4DA ITEM NO. -AjD-., PAGE--.--' OF REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13, 1989 SUBJECT: Bond Underwriter Band Counsel PREPARED BY: 4-_- i 'F; = APPROVED BY: t. �— Ray Wood, Administratz Ron Molendyk,City Manage Services Director BACKGROUND With the impending growth the City is anticipating very large financing requirements over the next few years. Developers are expected to utilize various vehicles, such as Mello -Roos and special assessment districts, to finance infrastructure. The Agency anticipates use of Tax Allocation Bonds, the City may well have need to utilize certificates of participation and other debt instruments. The City and Agency have created the Lake Elsinore Public Financing Authority in order to facilitate needed financing and the Authority has appointed underwriter and Co Bond Counsel. FINDINGS It is more and more apparent that there will be many sources and types of financings occurring in the relatively immediate future. All of the public financing vehicles to be used will be City or Agency proceedings, not those of developers or others. Because of the variations and volumes of the findings it is imperative that we utilize all possible means to insure efficiency and consistency, avoid duplications of effort and maintain cost control. It is felt that working with the same underwriting firm and Bond Counsel in every situation will enhance these matters. FISCAL IMPACT There will be no fiscal impact costs of underwriting and bond individual debt proceedings. RECOMMENDATION on City funds since all related counsel will be absorbed by the It is recommended that the City Council and Redevelopment Agency adopt Resolutions No. and No. RpN respectively appointing underwriter and Co Bond Counsel for all local obligations to be considered by the Lake Elsinore Public Financing Authority. AGENDA ITEM NO.1 PAGE OF_�L_ RESOLUTION NO 1 Q -`D A RESOLUTION OF THE CITY COUNCIL TO THE CITY OF LAKE ELSINORE APPOINTING AN INVESTMENT BANKING FIRM AND CO -BOND COUNSEL FIRMS FOR PURPOSES ALL BONDS AND OTHER LOCAL OBLIGATIONS OF THE CITY TO BE ACQUIRED OR OTHERWISE FINANCED BY THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY WITH PROCEEDS OF ITS BONDS AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, pursuant to Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Act"), the City of Lake Elsinore (the "City") and the Redevelopment Agency of the City of Lake Elsinore (the "Agency") have by Joint Exercise of Powers Agreement, dated as of July 15, 1989, as amended November 28, 1989 (the "Agreement"), created the Lake Elsinore Public Financing Authority (the "Authority") for the purposes, among other things, of assisting the City and the Agency in the financing of Public Capital Improvements as defined in and pursuant to the Marks -Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584) (the "Bond Law"); and WHEREAS, the Authority has determined to implement a program for the financing of Public Capital Improvements for and on behalf of the City and the Agency by the purchase of local obligations of the City and Agency, or otherwise as authorized by the Agreement and the Bond Law, with the proceeds of the issuance of $500,000,000 of local agency revenue bonds (the "Bonds"),, the Bonds to be issued in series and sold and delivered from time to time as funds are required for the financing of such Public Capital Improvements; and WHEREAS, the City Council has determined that it is in the best interests of the City, the Agency, the Authority and the general public to appoint two firms as co -bond counsel for all bonds and other local obligations of the City to be purchased or otherwise financed by the Authority with the proceeds of the Bonds; and WHEREAS, such determination of the City Council is based on the advice of City staff to the City Council that the AGENDA ITEM Nv. PACE OF appointment of one firm as the investment banking firm and two firms as co -bond counsel for all such bonds and other local obligations will, in accordance with the purposes of the Bond Law and the Agreement, avoid duplication of effort, inefficiencies in administration, and excessive cost in the acquisition and financing of such Public Capital Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: Section 1. Except as the City Council may hereafter order to the contrary, the investment banking firm of First California Capital Markets Group, Inc., is hereby appointed as the investment banking firm for all bonds and other local obligations of the City to be purchased or otherwise financed by the Authority with the proceeds of the Bonds and the law firms of Harper & Burns and Jones Hall Hill & White, a Professional Law Corporation, are hereby appointed as co -bond counsel for all bonds and other local obligations of the City to be purchased or otherwise financed by the Authority with the proceeds of the Bonds. Section 2. This Resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED this 13th day of February, 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: ATTEST: JIM WINKLER, MAYOR APPROVED AS TO FORM AND LEGALITY: VICKI L. KASAD, CITY CLERK JOHN HARPER, CITY ATTORNEY 2. AGENDA ITEM NO. PAGE D_ OF REPORT TO CITY COUNCIL FEBRUARY 13, 1990 SUBJECT: NOTICE OF COMPLETION FOR THE 1990 SLURRY SEAL PROJECT PREPARED BY: APPROVED: Ps es Ring Ron Kirchner sociate Civil Engineer Director of Public services APPROVED: Ron Molen yk City Manager BACKGROUND The project was authorized by the City Council on November 28 1989 and budgeted in Capital Project Account 4815. The work consists of resurfacing various selected streets in the downtown area. SUMMARY The contractor has completed the work as specified in the contract on January 26, 1990. The records indicate that this project was completed within the allowable working days. FISCAL IMPACT The total amount of the construction cost was $37,239.00. RECOMMENDATION Staff recommends that the Council accept the work as completed and authorize the Mayor and the City Clerk to execute and have recorded said Notice of Completion document. Ar ENDA ITEM NO.. PAGE I OF�� RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO 6G � NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Lake Elsinore 3. The full address of the owner is 130 S. Main Street Lake Elsinore, California 92330 4. The nature of the interest or estate of the owner is; In fee. (If other than fee, strike "In fee" and insert, for example. "purchaser under contract of purchase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on January 26, 19 9 OThe work done was: To apply a type II slurry to various street surfs 7. The name of the contractor, if any, for such work of improvement was Doug Martin Contracting 11_-28-89 (If no contractor for work of improvement as a whole, insert "none".) (Date of Contract) 8. The property on which said work of improvement was completed is in the city of Lake E 1 s i nor e Riverside 1990 Slurry Seal County of ,State of California, and is described as follows: Pro 9. The street address of said property is None Dated Verification for Individual Owner I, the undersigned, say: I am the (If no street address has been officially assigned, insert "none".) Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION Director of Public Services the declarant of the foregoing ("President of', "Manager of", "A partner of", "Owner of', etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date of signature.) ,19 , at . California. (City where signed. NOTICE OF COMPLETION—.WOLCCTTS FORM 1114—REV 6-74 (priceciass3) (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) AGENDA ITEM NO. PAGE „r� OF2Z 8 pt. type or larger Name Street Ad;ress City & State L 6G � NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Lake Elsinore 3. The full address of the owner is 130 S. Main Street Lake Elsinore, California 92330 4. The nature of the interest or estate of the owner is; In fee. (If other than fee, strike "In fee" and insert, for example. "purchaser under contract of purchase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on January 26, 19 9 OThe work done was: To apply a type II slurry to various street surfs 7. The name of the contractor, if any, for such work of improvement was Doug Martin Contracting 11_-28-89 (If no contractor for work of improvement as a whole, insert "none".) (Date of Contract) 8. The property on which said work of improvement was completed is in the city of Lake E 1 s i nor e Riverside 1990 Slurry Seal County of ,State of California, and is described as follows: Pro 9. The street address of said property is None Dated Verification for Individual Owner I, the undersigned, say: I am the (If no street address has been officially assigned, insert "none".) Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION Director of Public Services the declarant of the foregoing ("President of', "Manager of", "A partner of", "Owner of', etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date of signature.) ,19 , at . California. (City where signed. NOTICE OF COMPLETION—.WOLCCTTS FORM 1114—REV 6-74 (priceciass3) (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) AGENDA ITEM NO. PAGE „r� OF2Z 8 pt. type or larger REPORT TO CITY COUNCIL DATE: FEBRUARY 13, 1990 SUBJECT: ACCEPTANCE OF QUITCLAIM DEEDS FOR WATER RIGHTS FOR VARIOUS CITY PROJECT PREPARED BY: �Ialllw APPROVED BY: Zt, 4IMS R. RING RON KIRCHNER ASSOCIATE CIVIL ENGINEER DIRECTOR OF PUBLIC SERVICES APPROVED BY: 6Ax, U RON MO NDYA CITY MANAGER These projects were approved by the Design Review Board and conditioned to dedicate the Underground Water Rights to the City. SUMMARY The following attachments are copies of these documents dedicating Underground Water Rights to this agency or its assignees. Attachment "A" Attachment "B" Attachment "C" FISCAL IMPACT None SFR 16850 Gunnerson 378-234-028 SFR 15136 Via Valle 379-281-016 SFR Industrial 89-10 377-050-027 RECOMMENDATION 1. Staff recommends that the City Council accept the documents for recordation. 2. Authorize the City Clerk to have recorded said documents on behalf of the City. AGENDA ITEM NO..,.., 3� PAGE_ / OF Recording requested by: CITY OF LAKE ELSINORE A municipal corporation 'When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 378-234-028 For a valuable consideration, receipt of which is hereby acknowledged, JOHNNY AND CARMEN PATTY does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: 16850 GUNNERSON LAKE ELSINORE,CA 92330. LOT 195, COUNTRY CLUB HEIGHTS UNIT B, MB 17,PAGES 25 AND 26. Dated Januarz 12, 1990 STATE OF CALIFORNIA) Los Angel$ss COUNTY OF 1XVIRME ) On 3anuarx 12, ,19 901 before me, the undersigned, a Notary Public in and for said State, personally appeared lob 1-+1 known to me, whose names are subscribed to the within instrument and acknowledged that they executed the same. ss d and official seal. OFFICIAL SEAL ESTHER P. STAHE ESTHER P STAME NOTARY PUBLIC - CALIFORNIA AGENDA ITEM NO. LOS ANGELES COUNTY My comm. expires JUL 4, 1952j PAGE O,F Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 379-281-016 For a valuable consideration, receipt of which is hereby acknowledged, Russell & Elizabeth Barter does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: 126.52' X 60.0' - lot - 16 - tract - 6406 - Ortega West Mobile Estates - Address - 15136 Via Valle, Lake Elsinore, CA 92330 Dated I - S - cic STATE OF CALIFORNIA) 40&AAJ6%.6 ) ss COUNTY OF ) By R!uV Barter Bye Eliza h: Barter' On,19 before me, the undersigned, ZaL�a6ryyy�Publ c in a or said ate. personally appeared known to me, whose names are ub ribed to the within instrument and acknowledged that they executed the same. Witness my hand and official seal. OFFICIAL SEAL CELIA RICHARDS '� �tDA ITEM NO. NOTARY FUSL:C - CALIFORNIA ' o PRINCIPAL OFFICE IN PAGE OF �'�� I nrteNr_c rro�ut.r Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 377-050-27 For a valuable consideration, receipt of which is hereby acknowledged, Lytle Creek Partners does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM to the City of lake Elsinore, a municipal corporation or its assignees, any and all water rights incidents and appurtenant to the real property located in the City of Lake Elsinore, County of Riverside, State of California, described as: 29151 Riverside Drive Northwest corner of Collier and Riverside Drive. Grove 141 of Forest 10 of Elsinore Eucalyptus Tract, Book 6, Page 75, Riverside County. Dated 12-18-89 By L tle Creek Pa tners Terrance K. Barry, Partner BY STATE OF CALIFORNIA) )ss --%TTNTY OF RIVERSIDE) 7A TF o COUNTY-DCALi,, 19_, before me, the undersigned, ° Dec RNt,4 4n and for said State, personally appeared ;= sai stat e"$e2., Gray known to e ►vers 18 a --i bed to the within instrument and J �ittya�earQd 1989 the same. �S°n8ttyk //I rranoe�tOre Me t roe o d ha $ntaJ t� be pery�� �n�p a Notary p AGENDA ITEM NO. tOf son th�r /// /// �f/� u6/i�t an �P L �.2 a at exec �of /// / /f///`l f[� _ n d nor PAGE_ OF d ^aT,ed creek the NE d't and a�know Par rs Aart, s 4V°9e / 5myhannat_. eartr5 01nP.� thepa.,_ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Lake Elsinore on the 27th day of February, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: TENTATIVE TRACT MAP 23988 _ ORTEGA PARTNERS A subdivision consisting of 259 lots. The project consists of approximately 72.5 acres of land. LOCATION: The property is located northwesterly of Machado Street at the terminus of Lincoln. NOTICE IS FURTHER GIVEN that at said time and place, all interested persons are invited to attend and be heard in favor of or opposition to said matter, either orally or by written communication to the City Council. For further particulars, all interested persons are invited to call at the office of the City Clerk where information regarding this matter is on file and available for -public inspection. I DATE: February 8, 1990 SIGNED CKI KASAD, CITY CLERK PLEASE PUBLISH ON: February 14, 1990 AGENDA ITEM NO. 140 a• PAGE OF NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Lake Elsinore on the 27th day of February, 1990, in the District Board Roam, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: TENTATIVE TRACT MAP 24618 - GEORGE WIMPEY MORRISON HOMES A request to subdivide 10.24 acres into 38 lots averaging 7,260 square feet. The site is zoned R-1 (Single -Family Residential District). LOCATION: The property is located approximately 850 feet south of Grand Avenue, east of Grandview Avenue and west of Ortega Highway. NOTICE IS FURTHER GIVEN that at said time and place, all interested persons are invited to attend and be heard in favor of or opposition to said matter, either orally or by written communication to the City Council. For further particulars, all interested persons are invited to call at the office of the City Clerk where information regarding this matter is on file and available for public inspection. DATE: February 8, 1990 SIGNED VICKI KASAD, CITY CLERK PLEASE PUBLISH ON: February 14, 1990 AGEI4DA ITEM NO. PAGE OF_ � NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Lake Elsinore on the 27th day of February, 1990, in the District Board Room, 545 Chaney Street; Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: TENTATIVE TRACT MAP 25442 - DOUG REUVERS & SHARON GIBSON A request to subdivide 3.20 gross acres into 4 lots ranging in size from .58 net acres to .99 net acres located in the R-2 District (Medium Density Residential District). LOCATION: The property is located west of Robertson Street and north of Shrier Drive. NOTICE IS FURTHER GIVEN that at said time and place, all interested persons are invited to attend and be heard in favor of or opposition to said matter, either orally or by written communication to the City Council. For further particulars, all interested persons are invited to call at the office of the City Clerk where information regarding this matter is on file and available for public inspection. DATE: February 8, 1990 SIGNED VICKI KASAD, C Tx CLERK PLEASE PUBLISH ON: February 14, 1990 AGENDAITEM NO. • ' PAGE OF_.�__�. REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13, 1990 SUBJECT: Tentative Tract Map 24624: Centex Homes; request for aDDroval of a Tentative divide 203.4 acres into 569 male family lotts., one open space lot of 2.3+ acrgg, and one 4_,0+ acre lot for park purposes, loSa.ted south of the extension of Mountain Avenue and west of the terminus of Broadway_ Avenue. PREPARED BY: ��� APPROVED BY• Galry Thornhill Dave derman Planning Manage Comm. ev. Dir. APPROVED BY: Ron Molendyk City Manager BACKGROUND The Planning Commission, on January 17, 1990, on a 4-0 vote, recommended approval of the request. There was a substantial amount of discussion relative to the dedication of an all purpose trail proposed along "I" Street. The Commission recommended adoption of Condition 50 as follows: Condition No. 50: All attempts will be made to dedicate area sufficient to coincide with the County's trail system, at the beginning of the terminus to match as closely as possible with that trail system. A final design and required dedication to be directed by the Community Development Director and if he is unable to do it then is shall come back to the Commission. Since the Commission hearing on this matter, staff and the applicant met to discuss the proposed street and trail sections, and conclude that the trail should be located within the 80 (eighty) foot street section. Further, it is proposed that the recreation trail be 10 (ten) feet in width (5 (five) feet for bikepath, 5 (five) feet for sidewalk), divided by a white painted stripe, and composed of 2 (two) inches of asphalt base (see attached Exhibit B). There also were numerous changes in conditions, as reflected in the Planning Commission minutes. The most substantial change was to Condition No. 30, requiring "I" Street to have an 80 (eighty) foot, rather than a 75 (seventy-five) foot right-of-way. The City Council, on December 12, 1989, approved a General Plan Amendment from Specific Plan/Floodway/Floodplain to Low Density Residential for this site. DISCUSSION This property is located within the West Lake Elsinore Assessment District. The Environmental Impacts associated with the project, as well as the district itself, were AGENDA ITEM NO. Page 2 February 13, 1990 Subject: Tentative Tract Map 24624 Centex Homes analyzed under EIR 88-2, which was certified by the Council on December 12, 1989. Staff and the applicants have met several times to address issues of density, traffic circulation, buffering of adjacent residential lots, and park land issues. The most current revision, in staff's opinion, addresses the above referenced concerns, and is compatible with surrounding properties. The project density is 2.9 units/acre, Lincoln ("I" Street on the map), is now four lanes, and approximately 4.0 acres of land adjacent to the school site will be dedicated for park purposes. RECOMMENDATION It is recommended that the City Council re -affirm Environmental Impact Report 88-2 and approve Tentative Tract Map 24624 base on the findings listed, and subject to the attached Conditions of Approval. It is recommended that the Redevelopment Agency concur with City Council action. Findings 1. The Tentative Tract Map complies with Goals, Policies and Objectives of the City's General Plan and Zoning ordinance. 2. The project, as conditioned, complies with the City's Subdivision Standards and the State Subdivision Map Act. 3. Environmental Impact Report No. 88-2 previously certified by the City Council, has satisfactorily addressed anticipated environmental impacts of this Tentative Tract Map. 4. The project, as conditioned, will be compatible with existing and proposed development in the immediate area and will have minimal adverse impacts on abutting properties. 5. The proposed Tentative Tract Map, as conditioned, includes a number of public benefits, including drainage and flood control improvements, a public park site, an open space dedication, a bike trail and transportation and circulation improvements. AGENDA ITEM NO. 3I PAGE, OF1� r Planning Division: OF APPROVAL FOR a TRACT MAP 24624 1. Tentative Tract Map 24624 will expire two (2) years after City Council approval date, unless extended as provided by the State of California Subdivision Map Act. 2. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 3. Subdivider shall record CC & R's for the project prohibiting on -street storage of boats, motorhomes, trailers and trucks, over one (1) ton capacity. CC & R's shall also include screening any ground mounted base disk and no roof -mounted or front yard disk shall be allowed. CC & R's shall be subject to the approval of the Community Development Director, or designee, prior to recordation of any deeds or final map. CC & R's shall be recorded prior to issuance of any Certificate of Occupancy for the units when developed in the future. 4. House plotting, architectural drawings, floor plans, landscaping and fences/walls shall required Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project. 5. A combination of walls and/or fences shall be constructed generally around the perimeter of the subdivision and also constructed adjacent to Grand Avenue, "I" Street and adjacent to the McVicker Canyon Flood Control Channel (Lot "A"). Precise design, materials, color and wall/fence location shall be determined through the Minor Design Review process. 6. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 7. Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are desired), back-up wall areas, street trees and slope planting in accord with the City Landscape Guidelines, prior to issuance of building permits. At least one (1) model home.to include a Xeriscape landscaping theme. 8. Signage for this subdivision shall require City Permits. 9. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 10. Street names within the subdivision shall be approved by the Planning Division. 11. Prior to issuance of building permits, subdivider shall provide assurance that all required fees have been paid to the Lake Elsinore Unified School District. 12. Comply with all conditions of the Elsinore Valley Municipal Water District. 13. Prior to approval of a Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District. 14. Annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract Map. 15. Comply with all conditions of the Riverside County Fire Depart- ment. AGENDA ITEM No. - � � � _ r :: � j�-- ,`_� T�� RAGE '3 07 _ - I CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 24624 CONTINUED 16. Comply with applicable environmental mitigation measures contained in Environmental Impact Report 88-2. a) Architectural standards shall be implemented at Minor Design Review to minimize interior noise intrusion and to provide exterior noise -sheltered environments. b) The proposed project shall be consistent with all applicable criteria outlined in the City's General Plan, the grading standards identified in Ordinance No. 801, grading ordinance and Ordinance No. 722, Hillside Planned Development Overlay District. c) The subdivision grading plan shall preserve the oak grove area identified on Figure 33 of EIR 88-2 (Sensitive Species and Communities). d) Native plant material shall be used for relandscap- ing of cut and fill slopes. Slope and erosion control plans shall be submitted and approved prior to the issuance of grading permit. e) The fresh water willow pond located on the southern corner of the proposed park shall be set aside and protected from intrusion from the local mining operation. A single coast live oak overlooking the pond shall also be preserved if possible, if not re- place at a ratio of 10:1 with two year growth trees, 20:1 at one year and 30:1 if less than one year mature. f) All structures shall be setback a minimum of 50 feet from all known active faults and will be designed in accordance with the Uniform Building Code and applicable City Codes to ensure safety in event of an earthquake. g) All grubbing and clearing in the area shown on Figure 39 of EIR 88-2 shall be monitored by a qualified archaeologist. If cultural material is encountered, the archaeologist will have the power to halt grubbing and clearing so that the material can be evaluated. If the material constitutes a site, a test program will be implemented to determine subsurface boundaries, depth and content. Depending on the results of the test, a data recovery program may be necessary. h) Should a City-wide or area -wide fee program be adopted by the City for increase in police services, this project shall be required to participate along with adjacent projects. 17. Interim and permanent erosion control measures are required. Applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 18. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. Community Services 19. The City will accept Parcel "C" consisting of approximately four (4) plus acres as a park site. 20. The developer will receive credits against park -in -lieu fees for the park dedication with the balance of the fees being used for park development as a turn -key (developed) park. AGENDA ITEM N0. L J PAGE—q C;= C C OF APPROVAL FOR TENTATIVE TRACT MAP 24624 CONTINUED 21. The City will accept the up -slopes on Grand Avenue with the Landscape Maintenance District. No other areas outside of the road right-of-way will be accepted. Engineering nepartment: 22. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 23. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 24. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 25. Submit a "Will -Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 26. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to final map approval (Lake Elsinore Municipal Code 16.34). 27. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 28. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78). 29. All compaction reports, grade certification, monument certification (with tie -notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 30. "I" Street from Grand Avenue to northerly tract boundary shall have a 80 foot right-of-way with 64 foot curb -to -curb, a land- scaped median, a 6 foot parkway on the west side and a 10 foot parkway on the east side. The east side parkway shall have a 6 foot sidewalk the entire length and the west side parkway shall have a 6 foot sidewalk from Grazed Avenue to the first street north of "I -I" Court. 31. Broadway from Grand Avenue to "F" Street shall have 66 foot right-of-way with 48 foot curb -to -curb. 32. All local streets shall have 60 foot right-of-way with 40 foot curb -to -curb. Restricted local streets (cul-de-sacs) shall have 50 foot right-of-way with 36 foot curb -to -curb and a 3 foot utility easement on each side. 33. No single-family lots shall have ingress or egress to collector streets or higher volume traffic streets. 34. "I" Street from Grand Avenue to "F" Court shall have 80 foot right-of-way and 64 foot curb -to -curb. DELETED 35. If the West Elsinore Assessment District improvements have not been installed which will be needed for this tract, then this developer will be required to construct the infrastructure for circulation, utilities and flood protection as required by the City Engineer and Riverside County Flood Control. AGENDA ITEM NO. aL_ PACE C, = _ , r CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 24624 36. Dedicate sufficient land along Audelo for a 66 foot right-of-way and provide improvements for one parking lane and two travel lanes (30 feet). 37. Provide fire protection facilities as required in writing by Riverside County Fire Department. 38. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 39. Lot drainage shall be conveyed to a public facility or accepted' by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 40. Contribute $1,480 towards the City's Master Entryway Sign Program. 41. Developer shall agree to participate in and join a Mello Roos Community Facilities District (CFD) for infrastructure improvements and operation and maintenance for the West Elsinore Infrastructure Improvement District. No Certificate of Occupancy will be issued for lots sold until the West Elsinore Improvement District has been formed. 42. Applicant shall obtain all necessary easements for off-site grading from the adjacent property owners prior to final map approval. 43. Applicant shall enter into an agreement with the City for construction of public works improvements and post appropriate bonds. 44. Hydrology and Hydraulic Study shall be submitted, reviewed and approved by the City Engineer and Riverside County Flood Control District prior to final map approval. 45. All major drainage facilities in this tract shall be constructed to Riverside County Flood Control District standard and agreement entered into with the District for construction, ownership and maintenance. 46. Developer shall meet all conditions of Riverside County Flood Control District for development of this site. 47. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 48. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and be approved by the City Engineer. 49. Temporary access/right-of-way shall be provided to the Bishop parcel, and permanent access shall be provided and recorded with the final map. 50. All attempts will be made to dedicate area sufficient to coincide with the County's trail system, at the beginning of the terminus to match as closely as possible with that trail system. A final design and required dedication to be directed by the Community Development Director and if he is unable to do it then it shall come back to the Commission. 51. City to draft a reimbursement agreement for the oversizing of "I" Street. AGENDA ITEM NO. PAGE' Minut of Planning Commission January 7, 1990 Page 3 TENTATIVE T MAP 23988 CONTINUED At this time, 7:2 p.m., Commissioner Wi/al left the table. Chairman Brown sked if the propas on schedule for the meeting of the 7 Planning Manager Th nlhst ed that this depends on whether or not we can get to !11 wi the applicant and the property owners' representative a prior to the next meeting. There is a meeting tentatively cheduled for Monday, January 22, 1990. Chairman Brown info ed the p ople in:the audience present for this item, that st f has reco nded this item be continued to February 7th wi a possibili that it could be continued again. Motion by CoPcissioner Saathoff to coinue Tentative Tract Map 23988 to F ruary 7, 1990, second by C issioner Gilenson. Approved -0 (Commissioner Wilsey absent"k4rom the table) 3. /becontinued e Parcel Map 25157 - Bainbrid Investment, Inc. - n Brown stated that staff has request that this item to February 21, 1990, and a ed if there was in the audience here for this item. Receiving no e, Chairman Brown called for a motion. Motion by Commissioner Saathoff to continue Tenta 've Parcel Map 25157 to February 21, 1990, second by Co. issioner Gilenson. Approved 3-0 (Commissioner Wilsey absent from the table) At this time, 7:26 p.m., Commissioner Wilsey returned to the tab 4. Tentative Tract Map 24624 - Centex Homes - Planning Manager Thornhill presented a proposal to subdivide 203.4 acres into 589 single-family lots, generally located south of the extension of Mountain Avenue and west of the terminus of Broadway Avenue. Anticipated environmental impacts for this proposal are addressed by Environmental Impact Report 88-2 which was certified by the City Council on December 12, 1989. Planning Manager Thornhill stated that the Engineering Department has requested that condition number 34 be deleted, and condition number 30 amended to read, as follows: Condition No. 30: "I" Street from Grand Avenue to northerly tract boundary shall have an 80 foot right-of-way with 64 foot curb -to -curb, a landscaped median, a 6 foot parkway on the west side and a 10 foot parkway on the east side. The east side parkway shall have a 6 foot sidewalk the entire length and the west side parkway shall have a 6 foot sidewalk from Grand Avenue to the first street north of "I -I" Court." Chairman Brown opened the public hearing at 7:36 p.m. asking if anyone wished to speak in favor of Tentative Tract Map 24624. Mr. Mike Aller, Centex Homes, stated that they agree with the conditions of approval; however, has not had an opportunity to review the revised condition on the roadway width, and would like to request that staff work with us regarding reimbursement for that portion of the design that is over the needs of this development.a AGENDA ITEM NO. PAGE OF„ r Minutes of Planning Commission January 17, 1990 Page 4 TRACT MAP 24624 CONTINUED Mr. Aller stated that the exact unit count is 590, and the density --thinks it is important to include the park site of 26 acres which is to the south of the project. Once you consider that into our total acreage the density is reduced to 2.6 dwelling units per acre, which is below the adjacent development. Mr. Aller commented on condition number 16.e. pertaining to the preservation of the single coast live oak tree, stating the problem with the tree is that it is located directly in the centerline of the flood control channel that the assessment district is building. We would like this reworded that we will replace that tree with a 10:1 ratio to be planted in the oak grove, which is a 2.37 acre parcel, or..plant the trees in the rectangular riparian area. Chairman Brown asked if anyone else wished to speak in favor of Tentative Parcel Map 24624. Receiving no response, Chairman Brown asked if anyone wished to speak in opposition. Receiving no response, Chairman Brown asked if anyone wished to speak on the matter. Mr. William Bishop, 40492 Corta Lucia, Murrieta stated that his property touches the Centex property line for about 40 feet at Lot #592. Concerned with the access to his property at the southeast corner. Requested that the approval of Lots 590 and 591 be delayed until he can have discussions with Centex, Butterfield Engineering and the Planning Division about this access. Chairman Brown asked if there was anyone else wishing to speak on the matter. Mr. Robin Johnson, 15018 Vista View, commented on the impacts on the neighborhood pertaining to traffic and possible loss of view. Chairman Brown asked if there was anyone else wishing to speak on the matter. Receiving no response, Chairman Brown closed the public hearing at 7:45 p.m. Commissioner Gilenson commented on the restriction of access Mr. Bishop referred to. Considerable discussion ensued on this access. Commissioner Saathoff commented on the northerly extension of "I" Street, and the need for stop signs to be placed at some of the intersections. Commissioner Wilsey commented as follows: - condition number 16.e., pertaining to the oak tree, asked about the tree planting formula used for Cottonwood Hills and whether or not this formula could be adopted for this proposal. - Suggested that the developer get together with the property owners in the area and alleviate any concerns. - The multi-purpose trail running through the development, recommended the following be added as as a condition: "Project shall coordinate with the City and the Riverside County Parks Department to construct the portion of the recreational trail system that runs through the project." AGENDA ITEM NO. �� � Minutes of Planning Commission January 17, 1990 Page 5 TENTATIVE TRACT MAP 24624 CONTINUED Discussion ensued on the multi-purpose trail system with regard to dedication of land, width of trail, development of design standards, and responsibility of maintenance. Commissioner Saathoff suggested dedication and construction of a multi-purpose trail with approval subject to the Community Development Director or his designee. Commissioner Wilsey commented on the requirement for multi- purpose trail system placed on adjacent tracts, and the need to complete the design criteria for said trail systems. Discussion ensued on the multi-purpose trail system with regard to requiring dedication of land only; location of said trail; trail system to come back before the Commission, and elimination of the Class "A" Bike Trail for the all purpose trail. Chairman Brown commented as follows: - Condition number 4, change the word "grading" to "building" - Condition number 7, delete the words "or grading". - Condition number 16.d., add _second sentence: "Slope and erosion control plans shall be submitted and approved prior to the issuance of grading permit." - Condition number 16.e., add: "if possible, if not replace at a ratio of 10:1 with two year growth trees, 20:1 at one year and 30:1 if less than one year mature. - Notification to property owners and when the last mailing was done. - Recommended addition of condition number 49: "Temporary access/right-of-way shall be provided to the Bishop parcel, and permanent access shall be provided and recorded with the final map." - Recommended addition of condition number 50: "All attempts will be made to dedicate area sufficient to coincide with the County's trail system, at the beginning of the terminus to match as closely as possible with that trail system. A final design and required dedication to be directed by the Community Development Director and if he is unable to do it then it shall come back to the Commission." Motion by Commissioner Saathoff to recommend to City Council approval of Tentative Parcel Map 24624 based on the Findings and subject to the 48 Conditions of Approval listed in the Staff Report with the following amendments: Condition No. 4: "House plotting, architectural drawings, floor plans, landscaping and fences/walls shall require Minor Design Review approval prior to issuance of building permits. All standards of development and procedural steps in effect at the Minor Design Review submittal shall apply for this project." Condition No. 7: "Applicant shall submit and receive approval of landscape and irrigation plans for model homes (if such are AGENDA ITE;ti1 P, _� �`- Minutes of Planning Commission January 17, 1990 Page 6 TENTATIVE TRACT MAP 24624 CONTINUED desired), back-up wall areas, street trees and slope planting in accord with the City Landscape Guidelines, prior to issuance of building permit. At least one (1) model home to include a Xeriscape landscaping theme." Condition No. 16.d: "Native plant material shall be used for re -landscaping of cut and fill slopes. Slope and erosion control plans shall be submitted and approved prior to the issuance of grading permit." Condition No. 16.e: "The fresh water willow pond located on the southern corner of the proposed park shall be set aside and protected from intrusion from the local mining operation. A single coast live oak overlooking the pond shall also be preserved if possible, if not replace at a ratio of 10:1 with two year growth trees, 20:1 at one year and 30:1 if less than one year mature. Condition No. 30: "I" Street from Grand Avenue to northerly tract boundary shall have an 80 foot right-of-way with 64 foot curb -to -curb, a landscaped median, a 6 foot parkway on the west side and a 10 foot parkway on the east side. The east side parkway shall have a 6 foot sidewalk the entire length and the west side parkway shall have a 6 foot sidewalk from Grand Avenue to the first street north of "I -I" Court." Condition No. 34: "I" Street from Grand Avenue to "F" Court shall have 80 foot right-of-way and 64 foot curb -to -curb. DELETE. Condition No. 49: "Temporary access/right-of-way shall be provided to the Bishop parcel, and permanent access shall be provided and recorded with the final map." Condition No. 50: "All attempts will be made to dedicate area sufficient to coincide with the County's trail system, at the beginning of the terminus to match as closely as possible with that trail system. A final design and required dedication to be directed by the Community Development Director and if he is unable to do it then it shall come back to the Commission." Second by Chairman Brown with consideration by the table on addition of condition number 51, which will read: Condition No. 51: "City to draft a reimbursement agreement for the oversizing of "I" Street. Commissioner Saathoff amended his motion to include the addition of condition number 51. Approved 4-0 At this time, 8:30 p.m., the Planning Commission recessed. At this time, 8:42 p.m., the Planning Commission reconvened. AGENDA ITEM NO. Z r PLANNING DIVISION REPORT TO PLANNING COMMISSION Public Hearing TTM 24624 January 17, 1990 PREPARED BY: 1 APPROVED BY: ' G ry Thornhill Dave underman Planning Manager ComW. Dev. Dir. OWNER/APPLICANT Centex Homes 3190 Chicago Avenue Riverside, California 92507 REQUESTED USE To subdivide 203.4 acres into 589 single-family lots. SIZE AND LOCATION 203.4 acres of land generally located south of the extension of Mountain Avenue and west of the terminus of Broadway Avenue. SETTING EXISTING LAND USE ZONING GENERAL PLAN Project Site - Vacant R-1 Low Density Residential North - Vacant R-1 Low Density Residential East - Single -Family R-1 Low Density Residential Residential South - Single -Family R-1 Low Density Residential Residential West - Single -Family R-1 Low Density Residential Residential BACKGROUND An application for a General Plan Amendment was approved by the City Council on December 12, 1989, for the subject site. The General Plan designation was changed from Specific Plan and Floodway/Flood- plain to Low Density Residential. The applicants have also filed an application for a Tentative Map (TM 25347) for the subdivision of 833.3 acres into four (4) lots for financing and conveyance proposes; the subject site is one of the four (4) lots considered under this (TM 25347) request. The Planning Commission, on December 20, 1989, recommended approval of TM 25347. This request involves one of the properties located within the West Lake Elsinore Assessment District. Environmental Impact Report (E.I.R.) 88-2 was prepared for the Assessment District and specific development proposals within the district boundaries; the report analyzes the impacts associated with the formation of the district and the resultant improvements, the annexation of an "island" area AGENDA ITEM +NO. _31— PAGE 31— PAGELOF `� Public Hearing TTM 24624 January 17, 1990 Page 2 of the County into the City, and the specific (Marinita, Ortega Partners, and Centex). The City E.I.R. 88-2 on December 12, 1989. The Assessment reviewed by the Council but a final decision de outcome of some of the associated residential determined; the final assessment per unit will be total number of residential lots within the distri DISCUSSION project proposals Council certified District has been (erred until the projects has been affected by the ct. Staff and the applicants have had numerous meetings over the design of the tract map and associated issues. Some of the concerns expressed to the applicants by staff related to density, circulation and road design issues, buffering of the site from adjacent lots, and the dedication of land for park use. In response to staff's concerns, the applicants have re -designed the tract as follows: 1) The number of lots have been reduced from 618 to 589, a reduction of 29 lots and the density has gone from 3.0 to 2.9 dwelling units/acre (d.u./acre). 2) Lincoln (north of Grand Avenue and indicated as "I" Street on the map) has been extended to the northerly border of the subdivision and re -designed from a two lane (66 foot right-of-way) local road to a four lane (75 foot right-of-way) arterial with bike lanes located in the road. 3) The applicant proposes to dedicate approximately 4 acres of land (Lot "B") located just south of and immediately adjacent to Terra Cotta Junior High School for park related uses which will include a tot lot, restrooms, storage, and parking to facilitate develop- ment of the Terra Cotta School site. In addition, a 2.3 acre parcel (Lot "C") is proposed to be dedicated to the City for open space. The proposed map is consistent with the General Plan and zoning requirements relative to density (0-6 d.u./acre). The proposed density of 2.9 d.u./acre is less than Ortega partners (3.7) and slightly more than Marinita (2.7). The only other potential issue which staff has identified relates to the 75% buffer requirement of the Zoning Ordinance. Although the present lot configuration generally conforms to this requirement, there are a few lots located adjacent to Tract 18719 which, in the strict application of the 75% requirement, do not comply. However, it should be noted that the adjacent lots in this area (Forest View and Vista Street) are larger than the majority of lots in Tract 18719 only because of a drainage course located to the rear of these lots. The rest of the lots in this tract are in the 7,200 square foot range and the overall tract density is 2.95 d.u./acre. Also, Section 17.23.060 relating to the 75% buffer criteria allows for a "case-by-case" review by the Planning Commission and City Council to determine adequacy; it further states that: "it is the intent of this paragraph to set a standard, but also to allow flexibility." It is staff's opinion that, because the density is consistent with the adjacent tract and there are unusual circumstances which resulted in the creation of the larger parcels in this area, the proposed project is consistent with the intent of the buffer provision of the ordinance. AGENDA ITEM NO. - 3- r PAGE OF -15- ,._ r A Public Hearing TTM 24624 January 17, 1990 Page 3 Therefore, it is staff's opinion that the proposed map design and density is compatible with the surrounding residential development in the area, is consistent with the City's Zoning and General Plan Standards and will result in substantial overall area improvements relative to drainage, traffic circulation, and parks and open space., ENVIRONMENTAL The anticipated environmental impacts of this proposed project were addressed in EIR 88-2 which was certified by the City Council on December 12, 1989. Environmental mitigation measures which are specifically related to this Tentative Tract Map has been included in the suggested Conditions of Approval. RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council approval of Tentative Tract Map 24624 based on the following Findings and subject to the attached Conditions of Approval. FINDINGS 1. The Tentative Tract Map complies with the Goals, Policies and Objectives of the City's General Plan and Zoning Ordinance. 2. The project, as conditioned, complies with the City's Subdivision Standards and the State Subdivision Map Act. 3. Environmental Impact Report No. 88-2 previously certified by the City Council, has satisfactorily addressed anticipated environmental impacts of this Tentative Tract Map. 4. The project, as conditioned, will be compatible with existing and proposed development in the immediate area and will have minimal adverse impacts on abutting properties. 5. The proposed Tentative Tract Map, as conditioned, includes a number of public benefits, including drainage and flood control improvements, a public park site, an open space dedication, a bike trail and transportation and circulation improvements. AGENDA ITEM NO. 31 PAGE C� 1tgut lVtV:-. JAN 2919%,, : Planning Dept. Dear Mr. . Molendyk , �b_'e�ja d�,�i Z:1�s vL .Tan, 2'_+, 19,240 Last =_urnri,e i' I attended t-wo Town Hall l l rr,eet. i n -:3s that- the c i t•v oraanized. The purpose was to h;t%/e coriiriunit•i/ input. for the general l plan . These meet• i nqs were well attended with t•he re- quests and concerns � tf area residents addressed. I ' m interested in the south -.•.!est- End � �f Lai -.:t Elsinore, speci- fically peci- fically north t.h � �f Machado =_ t- . This area consists primarily of developed 112 to 1 acre lets. Mvself as well as other area residents • have strived t.� � keepthis area conforming orming with pro- perties all e'ad�y deve�l� �pe'd . Wle. rl.al lie ,�,e must• corllr--r� mise . An acceptable alternative would be larger lots i in the perimeter of the proposed tracts, For e:=;:ar-Iple, the approved Premier tract. and upcoming Withrow tract. Beth of these tracts are accori,ada- ting ca. recreational trail that tt-tis corfirfiunit`v is in dire need of Proposed tract. thedensit.•y is too high. Proposed Cent•e: tract covers over ca. portion of recently approved, Oct. '29, regional recreational trail. This project did not address it. at. all. If tt-tis -was an vr.rsir_iht.. it. r_eDu1d ha -ye been too cost•ly to the corfirfu-nit-v. Ncmki, when properties etre beinci developed is the time to accluir+= our recreational are;ts- C-it•v Manager, Councilmen.. r-`larvning r:orfmissioners, and r-la.nn_rs please con=_.ider and give direct. attention to our re'a+aest.s . You Truly, C/�` � Pam Erise r 1 S 114'_1 Larson ,n Rd . Lake Elsinore, Ca -'912--l"'(0 : x:71 .f i 674-98'1 S cc to abcove mentioned AGENDA ITEM U0.31— PAW � OF� -rTm 2Y42'f ;NDA ITEM NO. 3 PAGE OF ol m in 1" p V* Y w 4 3 � w �n jal �-1 W a� t9 w�a W Q N W ol m in 1" p V* W W . ICC 4 � 0 Z jal �-1 W t9 w�a W Q N W C3 l J U) U) on CL W o= s AGENDA ITEM NO, s'____ PAGE OF- REPORT TO THE CITY COUNCIL DATE FEBRUARY 13, 1990 SUBJECT: Recovery of Expenditures for the demolition o 107 North Scrivener PREPARED BY: APPROVED BY - Kevin Shear Dave Gu erman Building & Safety Commun' y Development Manager • Director APPROVED BY:(4�4A Molendyk City Manager BACKGROUND: Pursuant to City Ordinance 797 and the State Health and Safety Code for the abatement of substandard buildings, the structure at 107 North Scrivener has been demolished by a demolition contractor and with the permission of the property owner. DISCUSSION• Per City Ordinance a hearing on the Statement of Expense for the demolition of the structure is to be held and the City Council is to determine the method of payment for the recovery of the expenditures. There are two methods of payment the City Council can approve in the hearing to recover the cost of the abatement. The first method is to make the charges a personal obligation of the property owner and direct the City attorney to collect using appropriate legal remedies. The second way is for the Council to make the charges a special assessment and place a lien against the property and order said assessment recorded on the assessment roll -in behalf of the City. FISCAL IMPACT• The fiscal impacts are as follows: 1. Contractor's costs for demolition $4,000.00 2. Building Department administrative cost $ 195.00 3. Administrative services cost (9%) $ 360.00 TOTAL $4,555.00 RECOMMENDATION• It is recommended that the City Council confirm the cost of the abatement and authorize the Administrative Services Director to place a special assessment and/or a lien on the property to recover all pertinent costs and interest accrued thereon. AGENDA ITEM NO. 3)% PAGE 1 OF... STATEMENT OF EXPENSE for the abatement of 107 North Scrivener Street Contract to demolish structures Building Department administration cost Administrative Services cost (9%) Date: Signed By: $4,000.00 $ 195.00 $ 360.00 $4,555.00 AGENDA ITEM NO. 3a. PAGE 2 OF yl - J. B.J. COMPANY 22141 LOPEZ STREET PERRIS, CA 92370 UC. NO. C21-257716 (714) 657-9144 City of Lake Elsinore 130 S. Main Street Lake Elsinore, Ca. 92330 N4, 2155 Jan. 2 -90 t T� INVOICE DATE OUR ORDER NO. CUSTOMER ORDER NO. SALESMAN TERMS 1-2-1990 Contract Completion Net DATL SNIPPED SNIPPED VIA SNIPPED , El PREPAID COLLECT CPV ANYITI'%VNi7i - - -_ - ' D Job. 107 Scrivener Street Lake Elsinore _ north-- Demolish as per contract ---------------- $ 4,000.00 17/2 an !wo 1-1 $ 4,000.00 AGENDA ITEM NO. 31 - PAGE 3 OF, 3 REPORT TO CITY COUNCIL DATE: FEBRUARY 13, 1990 SUBJECT: ACQUISITION OF PROPERTY FOR CONSTRUCTION OF STORM DRAIN IMPROVEMENTS, TRACT 19344 PREPARED BY: APPROVED BY: Z A RON KIRCHNER RON O ENDYK DIRECTOR OF PUBLIC SERVICES CITY MANAGER BACKGROUND The conditions of approval for the Serenity Tract (No. 19344) requires the developer to construct certain storm drain improvements to service that sub -division and adjacent areas. The plans have been approved and right of way needs established, some of which lie outside the tract boundaries. SUMMARY The developer is obligated to secure the needed land for improvements outside the tract. If he is unsuccessful in doing so, the City then may acquire the property by eminent domain. The developer has been negotiating with the affected property owners for several months but is unable to reach an agreement, and has requested the City to assist in this acquisition. FINDINGS This is the time and place for the Public Hearing on the matter of the adoption of a Resolution of Necessity to acquired subject property by eminent domain. FISCAL IMPACT All expenses for land costs and related expenses are paid by the developer. There are no direct costs to the City. 1. Receive and consider all testimony presented at Public Hearing. 2. Adopt the Resolution of Necessity. (Exhibit A) AGENDA ITEM NO. PAGE _1___ OF. f RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RIVERSIDE COUNTY, CALIFORNIA, DESCRIBING A CERTAIN PROJECT; MAKING A STATEMENT OF THE PUBLIC USE FOR WHICH CERTAIN PROPERTIES TO BE TAKEN AND REFERENCE TO STATUTORY AUTHORITY TO ACQUIRE SAID PROPERTY BY EMINENT DOMAIN; DESCRIBING THE GENERAL LOCATION AND EXTENT OF SAID PROPERTY TO BE TAKEN; DECLARING FINDINGS AND DETERMINATIONS ON THE PUBLIC INTEREST AND NECESSITY FOR SAID PROPERTY; AUTHORIZING AND DIRECTING EMINENT DOMAIN PROCEEDINGS TO BE COMMENCED IN SUPERIOR COURT TO ACQUIRE SAID PROPERTY INCLUDING APPLICATION FOR POSSESSION OF SAID PROPERTY PRIOR TO JUDGMENT; AND MAKING OTHER DETERMINATIONS WHEREAS, the City of Lake Elsinore is a public entity organized and existing pursuant to the laws of the State of California; and, WHEREAS, the City Council of the City of Lake Elsinore intends to undertake a certain project for public purposes; and WHEREAS, in order to accomplish said project, the City Council believes that it is necessary to acquire by eminent domain-- certain omain certain property, hereinafter collectively called "subject property"; and, WHEREAS, pursuant to Section 1245.235 of the Code of Civil Procedure, the City Council has fixed a time and place for the public hearing on the matters referred to in Section 1240.030 of the Code of Civil Procedure; and, WHEREAS, the City Council has given each person who owns or claims a right in said subject property proposed to be acquired by eminent domain and whose name and address appears on the last Equalized County Assessment Roll noticed, a reasonable opportunity AGENDA ITEM NO. -33 PAGE OF.�._ 1 J to be heard in the time, form and manner required by Section 1245.235 of the Code of Civil Procedure; and, WHEREAS, the City has complied with the requirements of Government Code Section 7267.2 in making a fair market value offer to acquire subject property; and, WHEREAS, at said public hearing, the City Council did hear and consider all testimony, written and oral, to the matters referred to in Section 1240.030 of the Code of Civil Procedure: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. correct. Cae-t i nn 7 _ That the above recitals are all true and That said subject property be taken by eminent domain is for a public use, to -wit: Acquisition of property for the construction of certain flood control facilities. HEREINAFTER called "Project"; and, Section 3. That the City is authorized and empowered to commence eminent domain proceedings to acquire said subject property pursuant to the eminent domain law, being Title 7, Part III of the Code of Civil Procedure. becz1on 4. That a description of L1le yer,eiai iiv�:o�iva and extent of said subject property to be taken by eminent domain is set forth on Exhibit "A", attached hereto and made a part hereof. 5►Z AGENDA ITEM NO. PAGE �_ OF Section 5. That this City Council does find, determine and declare as follows: (a) That, to the extent acquisition of said subject property results in a remnant, said remnant shall be acquired by eminent domain herein, pursuant to Section 1240.410 of the Code of Civil Procedure; (b) That, to the extent that said subject property or interest therein is already appropriated to a public use, the proposed use for the subject property will not unreasonably interfere with or impair the continuance of said public use as it presently exists or may reasonably be expected to exist in the future, pursuant to Section 1240.510 of the Code of Civil Procedure; and (c) That, to the extent said subject property or interest therein is already appropriated to a public use, the use proposed herein is a more necessary public use than that use to which said subject property is presently appropriated, pursuant to Section 1240.610 of the Code of Civil Procedure, or, in the alternative, the use proposed herein is a compatible public use which will not unreasonably interfere with the continuance of the existing public use, pursuant to 1240.630(a) of the Code of Civil Procedure. Section 6. That this City Council does hereby further find, determine and declare as follows: (b) That said Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and -3- AGENDA ti F -m VdO. 7 PAGE �F �� 1 r... ..a. �. li .� �... +••.. .moi .^...�.� .. i.�i rcq��+/ LaLL�.J�itj ,. .• �.L•�. Project; (b) That said Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and -3- AGENDA ti F -m VdO. 7 PAGE �F �� 1 1 J (c) That said subject property sought to be acquired is necessary for said Project. Section 7. That Harper & Burns, Attorneys for the City Vl LCjIC 1'+101a....a.. Z:�:i....rZ ...... .,saga.... ..♦:.,. t.li�... ...4 V .+u•...,.,.. an action in the Superior Court of the State of California, for the County of Riverside, in the name and on the behalf of the City, against those persons who appear on record or who are known to have a claim or interest in said subject property described in the Exhibit "A", for the purpose of acquiring said subject property by eminent domain for the public use described herein and to make application for possession of said subject property prior --to Judgment. Section 8. That the officers of the City are hereby authorized and directed to withdraw necessary sums to deposit with the Superior Court as the probable compensation that will be awarded in the eminent domain proceedings to acquire said subject property described in Exhibit "A". IXIM AGENDA ITEM, PAGE OF� 1 1 J Section 9. That the officers of the City are hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution. iat i1—%vLL 2314'D A'% u..w"'PT1: 71111V LacsY GL ---- - ATTEST: VICKI LYNNE KASAD City Clerk CITY OF LAKE ELSINORE APPROVED AS TO FORM: HARPER & BURNS JOHN R. HARPER City Attorney CITY OF LAKE ELSINORE JAMES WINKLER, Mayor CITY OF LAKE ELSINORE -5- AGENDA ITEM NO..�C�-- PAt OF 1 J STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I. CITY CLERK of the City of Lake Elsinore, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the meeting of said City Council held on the day of , 198 and that the same was passed and adopted by the following vote: AYRES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS EXECUTED this day of at Lake Elsinore, California. [SEAL] (LE#13/Reso2/p.1-6) C'1 Prk City of Lake Elsinore State of California 198 AGENDA ITEM NO. 33. PAGE pr- 7 REPORT TO THE CITY COUNCIL DATE: February 13, 1990 SUBJECT: Adoption of ordinances for Uniform Building Code 1988 Edition; Uniform Housina Code 1988 Edition; Uniform Code For The Abatement of Dangerous Building 1988 Edition; Uniform Plumbings Code 1988 Edition; Uniform Plumbing Code 1988 Edition; Uniform Mechanical Code 1988 Edition; Uniform Fire Code 1988 Edition; National Electrical Code 1987 Edition; Uniform Swimming Pool. Stia and Hot Tub Code 1988 Edition. PREPARED BY• APPROVED BY: Dave G erman Ron Molendyk ' Communy Development City Manager Director Every three years the Uniform Codes are updated with changes and published by the International Conference of Building Officials. Also, the state adopts the Building Codes for enforcement on residential occupancies and other state regulated occupancies. To keep residential and commercial occupancies on the same editions of the Building Codes the City needs to adopt a complete new code package. DISCUSSION The 1988 Uniform Building Code, 1988 Uniform Housing Code, 1988 Uniform Plumbing Code 1988 Uniform Mechanical Code, and 1987 National Electrical Code are all State mandated to be enforced by the local jurisdiction and became effective on January 1, 1990. State mandated codes do not have an administrative provision adopted, each jurisdiction adopts its own administrative provisions. See Exhibit A for a breakdown of code changes to the body of each code. The proposed changes are Staff's recommendation and are due to local conditions, with some additions and clarification to code sections. In addition the Staff has proposed the administrative provisions to each code be done uniformly. It is recommended that City Council adopt the attached Ordinance. AGENDA ITEM NO. 3a. PAGE OF r� EXHIBIT A PROPOSED CHANGES TO EACH CODE I. Uniform Building Code: Adding erosion control measures. proposed changes to each code 2. Uniform Housing Code: Setting -up procedure in accordance with State law. 3. Uniform Code For The Abatement Of Dangerous Building: Setting -up procedure in accordance with State law 4. Uniform Plumbing Code: Clarify the use of ABS and PVC in commercial buildings. 5. Uniform Fire Code: Designate the City Manager or his authorized representative as Fire Chief. 6. National Electrical Code: Restricting the use of romex and aluminum wire in commercial buildings. 7. Uniform Swimming Pool, Spa and Hot Tub Code: Adding fencing requirements. 8. Uniform Mechanical Code: No changes to body of code. AGENDA ITEM NO. PAGE•_ = ._. OF ORDINANCE NO. W� AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER'S 799; 797; 798; 795; 796; 800; 794; 802 AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS, DELETIONS AND ADDITIONS THERE TO: UNIFORM BUILDING CODE 1988 EDITION; UNIFORM HOUSING CODE 1988 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, 1988 EDITION; UNIFORM PLUMBING CODE 1988 EDITION; UNIFORM MECHANICAL CODE 1988 EDITION; UNIFORM FIRE CODE 1988 EDITION; NATIONAL ELECTRICAL CODE 1987 EDITION; UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: 1. That pursuant to provisions of Health and Safety Code Section 17958.5 it is determined that the amendment to the Uniform Codes in this ordinance are reasonably necessary because of local climatic, geological, topographical or other condition. Therefore, the City Council of The City Of Lake Elsinore does ordain as follows: SECTION ONE: Ordinance Number's 799, 798, 795, 796, 800, 794, 802 ARE HEREBY REPEALED SECTION TWO: The following listed codes with amendments, additions and deletions thereto are adopted by reference: Uniform Building Code, 1988 Edition, including appendix chapters 7, 11, 23, 32,49,55,57,70 and Exhibit "A", attached thereto. Uniform Housing Code, 1988 Edition including Exhibit "A" attached thereto.. Uniform Code For The Abatement Of Dangerous Building, 1988 Edition including Exhibit "A" attached thereto. Uniform Plumbing Code 1988 Edition including Appendix A through D and Exhibit "A" attached thereto. Uniform Fire Code 1988 Edition including Exhibit "A" attached thereto. National Electrical Code 1987 Edition, including Exhibit "A" attached thereto. Uniform Swimming Pool, Spa and Hot Tub Code, 1988 Edition including Exhibit "A" attached thereto. Uniform Mechanical Code 1988 Edition, including Exhibit "A" attached thereto. SECTION THREE: Copies of the codes referred to herein above, with all amendments deletions and additions thereto, are on file with the City Clerk and are open to public inspection. r AGENDA ITEM NO. PAGE_ OF _ SECTION FOUR: This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this day of 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON THE SECOND READING this day of , 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: ATTEST: Jim Winkler, Mayor APPROVED AS TO FORM: Vicki L. Kasad, City Clerk John R. Harper, City Attorney ( SEAL) AGENDA ITEM NO. PAGE UNIFORM BUILDING CODE 1988 AMENDMENTS SECTION 205 is amended by adding the following paragraph at the end of said section to read as follows: Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five -hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly. SECTION 304 (b) the first sentence is amended to read as follows: The fees for each permit shall be as set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 7007 (b) the second sentence is amended to read as follows: Fees set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 7007 (c) the first sentence is amended to read as follows: A fee for each grading permit shall be as set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 7011 (a) is amended by adding the following paragraph at the end of said section, to read as follows: When two or more lots are graded and cut or fill slopes occur adjacent to the lot line the top line of the slopes shall be located at the lot line. The toes of all slopes shall be setback a minimum of two feet from the property line or public right-of-way. AGEt%'tDA ITEM NO, 3.� PAGE d OF-&- _ SECTION 7016 temporary erosion control is added to read as follows: A. Section 1716 Plans. Separate plans for temporary drainage and erosion control measures to be used during the rainy season shall be submitted prior to October 1. The control devices shown on said plans shall be installed no later than October 15, and maintained in operable condition until April 15. These plans shall provide the following: 1. Temporary soil stabilization measures shall be installed on graded slopes exceeding a three -to -one ration and/or 10 feet in height. 2. Desilting facilities shall be provided at all drainage outlets from the graded site, designed for the 25 -year, 6 hour storm intensity. They must be detailed on the plans. Design and specific recommendations shall be submitted for the following: (a) Desilting basin volume based on gradient and nature of soils. (b) The extent of all graded areas and identification of any temporary soil stabilization measures. (c) Size of desilting basin outlet pipe and over -flow. (d) Dike requirements. Minimum wall width, slope of walls, percent of compaction, etc. 3. The following notes shall be placed on the plans: (a) In case of emergency, call (responsible person) at (24 - hour number) (b) The undersigned civil engineer will supervise erosion control and certify that work is in accordance with the approved plans. (signature, reg. #, expiration date) (name - printed) (dated) 4. Indicate on the plan which streets will be paved and which drainage devices will be completed by October 15. AGENDA ITEM No. 3L PAGE_ OF" �_ 5. Placement of devices to reduce erosion damage within the tract is left to the discretion of the engineer. These devices, if any, must be shown on the plan because their presence will affect the required capacity of the desilting basin. 6. Outlet conditions from the desilting basin shall not exceed downstream limitations, with the exception of overflow which is to be designed to provide capacity of 1.5 time the maximum design flow. B. Temporary Erosion Control Measures 1. The permittee shall keep a standby crew for emergency work available at all times during the rainy season necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary devices or to repair any damaged erosion control measures when rain is imminent. 2. Devices shall not be moved or modified without the approval of the Building Official or, in an emergency by the person responsible for grading operations. 3. All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds 40 percent. Forecasts shall be received from broadcasts provided by the United States Weather Service. 4. After a rainstorm, all silt and debris shall be removed from check berms and desilting basins and the basins pumped dry. Any graded slope surface protection measures damaged during a rainstorm shall also be immediately repaired. Failure to provide effective maintenance may result in penalties as provided per Section 205. 5. Fill slopes at the tract perimeter must drain away from the top of the slope at the conclusion of each working day. 6. At least one guard shall be posted on the site whenever the depth of water in any device exceeds eighteen inches. Additional guards may be required as deemed necessary by the Building Official. 7. After a rainstorm, all silt and debris shall be removed from public drains and pipes, and from drains and pipes of adjacent properties. C. Subsequent Rainy Seasons. For projects extending into subsequent rainy seasons, new temporary drainage and erosion control plans shall be submitted. These plans shall comply with all requirements in Section 1716 (A) and (B). AGENDA ITEM NO. _JLLJ� ��L OF -_,_,(r _ UNIFORM HOUSING CODE 1988 AMENDMENTS SECTION 202 is amended to read as follows: All building or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 17 of this code. SECTION 204 is amended by adding the following paragraph at the and of said section to read as follows: Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted or a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five -hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person and he shall be punished accordingly. CHAPTER 11 IS DELETED. CHAPTER 12 IS DELETED. CHAPTER 13 IS DELETED. CHAPTER 14 IS DELETED. CHAPTER 15 IS DELETED. CHAPTER 16 IS DELETED. CHAPTER 17 - ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS. Chapter 17 is added to read as follows: CHAPTER 17 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS Section 1701: Statement of Intent Upon finding any building to be in this category, the Building Official shall notify the owner of record as indicated on the Riverside County Tax Assessors Records, of the intent of the City in condemning the building, also advising the owner, that a Preliminary Title Report has been ordered to determine who the concerned parties are, the cost of which will be assessed against the property owner. If the owner does not respond within 15 days from receipt of this statement, the Building Official shall proceed to the next step. Section 1702: First Notice The Building Official, upon determining that a building or structure is unsafe or substandard shall give a written notice of defects to all parties concerned in the manner hereinafter stated. The notice shall specify the conditions which render the building or structure unsafe or substandard and if, in the opinion of the Building Official, such conditions can be corrected by repair, the notice shall state the work that is necessary to repair or rehabilitate the building or structure. The notice shall require the owner to obtain all necessary permits from the Department of Building and Safety and AGENDA ITEM NO. 34 PAGE OF to correct or abate the unsafe or substandard conditions, either by repair, demolition or removal within 30 days after the date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the owner of the building shall not have complied with the order on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30 day period, comply with the requirements of the notice. Section 1703: Manner of Giving Notice The Building Official shall post a copy of the notice of defects in a plainly visible place on the building or structure and he shall send a copy, by registered or certified mail, postage prepaid, return receipt requested, to the owner of the land on which the building or structure is located, as such person's name and address appears on the last County equalized assessment roll, and to each mortgagee or beneficiary under any deed of trust, that is of record; to the holder of any lease that is of record, and to the record holder of any other estate or interest in the building or structure or the land upon which such building or structure is locat�.d, at the last known addresses of such interest holders. If the address of any such person is unknown, that fact shall be stated in the copy so mailed and it shall be addressed to the person at the country seat. Service by mail shall be deemed completed at the time of deposit in the mails. The Building Official shall file a copy of the notice of defects in the Building Department files along with an affidavit certifying to the persons, date and manner in which such notice was given. He shall also thereafter file any receipt cards which are returned to him acknowledging receipt of the notice. The failure of any owner or other persons to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. Section 1704: Order to Vacate Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he shall give written notice ordering the occupants of any such building to immediately vacate and, in the event compliance with the order is not voluntarily and promptly obtained, he shall request the law enforcement agency having jurisdiction to effect such a vacation or forthwith take such action at law as is required to cause the premises to be vacated. A copy of the order to vacate, which shall include the reasons for the order, shall be posted on the building and mailed to all concerned parties and filed in the Building Department files in the same manner as the notice of defects. Upon giving such order to vacate, the Building Official shall cause to be posted at each entrance to the building a notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE, such notices shall remain posted until the required repair, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Director and no person shall enter the building except for the purpose of making the required repairs or the demolition of the building, without the written permission of the Building Director. Section 1705: Notice of Public Nuisance Whenever the first notice of defects has been given, the Building Official shall record in the office of the County Recorder of Riverside County, a notice that an administrative proceeding has been commenced for the abatement of a Public Nuisance, describing the real property affected and stating that the costs incurred therein may become a lien on said property, and directing inquiry for further details to his office, giving the address thereof. AGENDA iT-EMI PAGE Cr~[f Section 1706: Appeal Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a form furnished by the Building Official within 30 days of receipt of the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and adjudication of the notice or any portion thereof. (1) Upon receipt of any appeal the Building Official shall set a hearing date to be not less than 10 days or more than 60 days from the date the appeal was received. (2) The Building Official upon setting the hearing date of the Appeals Board, shall notify the appellant/s at the address shown on the Appeal, of the date, time and place the hearing will be held. This notification shall be given not less than 10 days prior to the hearing date. (3) Except for Orders to Vacate made pursuant to Section 2(e) of the Ordinance, enforcement of any notice issued under this ordinance shall be stayed pending the outcome of any appeal properly and timely filed. Section 1707: Hearing At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of the Building Official, and the owner of the building or structure or his representative if present at said hearing, and other concerned parties who may desire to testify, regarding the condition of the building or structure, the estimated cost of reconstruction, repair or removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall make it's decision and, in the event that it so concludes, it may declare the building or structure to be a nuisance and direct the owner to abate the same by having the building or structure properly reconstructed or repaired, or by having it razed or removed, and further notifying the owner that if said nuisance is not abated within 30 days after posting and mailing of the Board's decision, the building or structure will be razed or removed by the City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land upon which the building or structure is located, or made a personal obligation of the property owner. (1) At any time within ten days after the Board's decision directing the abatement of a nuisance, the Building Official shall post a copy of the Board's decision the building or structure and mail copies thereof to all parties concerned in the same manner as the first notice, and he shall file an affidavit thereof in the Building Department files, the Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause being shown. Section 1708: Time to Bring Action Unless the owner or holder of an interest of record brings an action in a court of competent jurisdiction within 30 days after the date of mailing and posting on said premises of the notice of the decision of the Board, contesting the validity of any proceedings leading up to an including the decision of the Board, all objections to the proceedings and decision will be deemed to have been waived. AGENDA (TES,! NO, _1 PAGE -.L OF�, Section 1709: Second Notice If the order of the Building Official in the first notice is not complied with within 45 days after giving notice and no appeal has been filed the Building Official shall give a second notice to all parties concerned by posting and mailing in the same manner as the first notice. The second notice shall entitled "Notice to Abate Nuisance" the notice shall direct the owner of the building or structure to effect all necessary abatement within 30 day from receipt of the second notice or show cause why such building or structure should not be condemned as a nuisance and abated as wherein provided. The failure of the owner or any other person to receive such notice shall not affect in any manner the validity of any proceeding taken hereunder. Section 1710: Jurisdiction to Abate Thirty days after the mailing and posting of the Board of Appeals decision or the second notice, the City shall have jurisdiction to abate such nuisance by razing or removing the building or structure unless within the 30 day period an extension of time is granted by the Board of Appeals. In the event that the nuisance is not abated within the prescribed time, the City may thereupon raze and remove the building or structure as herein after described under it's direction and supervision. Section 1711: Method of Abatement Abatement of all buildings or structures under the direction and supervision of the City pursuant to the provisions of this ordinance shall be done in the following manner: (1) If in the event the nuisance can be abated by repair or rehabilitation, the Building Official may employ such architectural or engineering assistance on a contract basis as he may deem reasonably necessary to prepare plans and specifications to facilitate said repair or rehabilitation. (2) Actual work to be done whether it be repair and rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of three (3) bids shall be received from reputable licensed contractors prior to contacting for work to be done. The lowest bidder shall be awarded the contract. Section 1712: Cost Recovery Repair or demolition cost recovery shall be accomplished in the following manner: A. Demolition Account Establishment and Maintenance. (1) The City Council hereby establishes a special account designated as the Repair and Demolition Account. The Finance Director is authorized to pay from said account all such costs and expenses incurred pursuant to the provisions of this ordinance upon the demand of the Building Director. (2) The City Council is establishing said account authorizes the Finance Director to transfer from the General Fund of the City such amounts as necessary on a loan basis to the Repair and Demolition Account to defray costs incurred for repair or demolition. All proceeds collected as herein after provided for shall be paid to the Finance Director who shall credit the same to the Repair and Demolition Account and there -from credited to repay the loan from the General Fund of the City. AGENDA ITEM NO. _ PAGE_ OF B. Statement of Expense. The Building Official shall keep a complete and accurate account of all costs incurred in the performance of any work pursuant to the provisions of this ordinance. (1) A verified statement of expense showing the gross and net expense of the work performed and all other costs shall be given to the City Clerk who shall schedule it for City Council consideration to set a hearing date. The date, time, place, and purpose of the hearing shall be published once in a local newspaper. (2) The Building Official shall cause, to be posted conspicuously on the property from which the building or structure was razed and removed or repaired and rehabilitated, a verified copy of the statement of expense given to the City Clerk, together with a notice of the date, time, and place, where and when the statement shall be heard by the City Council. Posting and mailing of the statement and notice shall be not less than ten (10) days prior to the date set for hearing the statement. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. C. Hearing on Statement of Expense. At the time fixed for the hearing on the statement of expense the City Council shall consider the statement, together with any objections or protests which may be raised by the property owner or other concerned parties. The Council may make any such revision, correction or modification in the statement as it may deem just, and thereafter shall render it's decision on the statement. The Council's decision on the statement and on all protests and objections which may be made shall be final and conclusive. The City may continue any hearing provided for herein from time to time. Upon the close of a hearing the Council shall render it's decision not later than fifteen (15) days thereafter. D. Method of Payment for Cost Recovery. Shall be determined by the City Council as a part of the decision rendered in the hearing of the statement of expense. (1) The Council may make the charges a personal obligation of the property owner and direct the City Attorney to collect the same using all appropriate legal remedies. (2) Or the Council may order the charge to be made a special assessment and lien against the property involved and order said assessment recorded on the assessment roll in behalf of the City. a) The City Council, in it's discretion may make the special assessment payable in equal annual installments and if said installments shall bear interest, the rate thereof shall be established by resolution prior to recordation of the assessment. AGENDA ITEM NO. PAGE� �) OF �` E. Payment and Recordation of Lien. All concerned parties shall be notified of the City Council decision of the hearing in the same manner as the first notice and shall be given opportunity to pay said charges. If payment is not received within ten (10) days after receipt of the Councils decision on the statement, the Building Official shall transmit the statement and the City Council's decision to the County Auditor who shall place the amount thereof on the assessment roll as a special assessment to be paid with County taxes, unless sooner paid. At the same time, the Building Director shall file in the Office of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action take to abate the nuisance and the amount of the lien claimed by the City of Lake Elsinore. (1) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. (2) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate per annum from and after said date as determined by the City Council. (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedures for sale as provided for ordinary municipal taxes. (4) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the Finance Director of City of Lake Elsinore who shall credit the same to the Repair and Demolition Account. AGENDA ITEM N4. 3a 'AGE OF ', F. Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, or upon order of the City Council, the Building Director shall execute and record with the County Recorder a release of the recorded lien on the property. If an assessment has been placed on the assessment roll and is thereafter paid to the Building Director, he shall notify the County Auditor who shall cancel the assessment on the roll. G. Contest of City Councils Decision. Unless action is brought in a court of competent jurisdiction within thirty (30) days after final judgment by the City Council, contesting the validity of any proceedings leading up to and including the decision of the City Council, all objections will be deemed to have been waived. H. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. AGENDA FT M No. � FAG- _l._ OF UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING 1988 AMENDMENT SECTION 202 is amended to read as follows: All building or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 10 of this code. SECTION 203 is amended by adding the following paragraph at the end of said section to read as follows: Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five -hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly. CHAPTER 4 IS DELETED. CHAPTER 5 IS DELETED. CHAPTER 6 IS DELETED. CHAPTER 7 IS DELETED. CHAPTER 8 IS DELETED. CHAPTER 9 IS DELETED. CHAPTER 10 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS - Chapter 10 is added to read as follows: CHAPTER 10 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS Section 1001: Statement of Intent Upon finding any building to be in this category, the Building Official shall notify the owner of record as indicated on the Riverside County Tax Assessors Records, of the intent of the City in condemning the building, also advising the owner, that a Preliminary Title Report has been ordered to determine who the concerned parties are, the cost of which will be assessed against the property owner. If the owner does not respond within 15 days from receipt of this statement, the Building Director shall proceed to the next step. AGENDA ITEM NO. LL. PAGE I OF Section 1002: First Notice The Building Official, upon determining that a building or structure is unsafe or substandard shall give a written notice of defects to all parties concerned in the manner hereinafter stated. The notice shall specify the conditions which render the building or structure unsafe or substandard and if, in the opinion of the Building Official, such conditions can be corrected by repair, the notice shall state the work that is necessary to repair or rehabilitate the building or structure. The notice shall require the owner to obtain all necessary permits from the Department of Building and Safety and to correct or abate the unsafe or substandard conditions, either by repair, demolition or removal within 30 days after the date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the owner of the building shall not have complied with the order on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30 day period, comply with the requirements of the notice. Section 1003: Manner of Giving Notice The Building Official shall post a copy of the notice of defects in a plainly visible place on the building or structure and he shall send a copy, by registered or certified mail, postage prepaid, return receipt requested, to the owner of the land on which the building or structure is located, as such person's name and address appears on the last County equalized assessment roll, and to each mortgagee or beneficiary under any deed of trust, that is of record; to the holder of any lease that is of record, and to the record holder of any other estate or interest in the building or structure is located, at the last known addresses of such interest holders. If the address of any such person is unknown, that fact shall be stated in the copy so mailed and it shall be addressed to the person at the county seat. Service by mail shall be deemed complete at the time of deposit in the mails. The Building Official shall file a copy of the notice of defects in the Building Department files along with an affidavit certifying to the persons, date and manner in which such notice was given. He shall also thereafter file any receipt cards which are returned to him acknowledging receipt of the notice. The failure of any owner or other persons to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. Section 1004: Order to Vacate Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he shall give written notice ordering the occupants of any such building to immediately vacate and, in the event compliance with the order is not voluntarily and promptly obtained, he shall request the law enforcement agency having jurisdiction to effect such a vacation or forthwith take such action at law as is required to cause the premises to be vacated. A copy of the order to vacate, which shall include the reasons for the order, shall be filed in the Building Department files in the same manner as the notice of defects. Upon giving such order to vacate, the Building Official shall cause to be posted at each entrance to the building a notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE, such notices shall remain posted until the required repair, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter the building except for the purpose of making the required repairs or the demolition of the building, without the written permission of the Building Official. AGENDA (TEM NO. 2— PAGE _1r_ OF 1 Section 1005: Notice of Public Nuisance Whenever the first notice of defects has been give, the Building Official shall record in the office of the County Recorder of Riverside County, a notice that an administrative proceeding has been commenced for the abatement of a Public Nuisance, describing the real property affected and stating that the costs incurred therein may become a lien on said property, and directing inquiry for further details to his office, giving the address thereof. Section 1006: Aippeal Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a form furnished by the Building Official within 30 days of receipt of the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and adjudication of the notice or any portion thereof. (1) Upon receipt of any appeal the Building Official shall set a hearing date to be not less than 10 days or more than 60 days from the date the appeal was received. (2) The Building Official upon setting the hearing date of the Appeals Board, shall notify the appellant/s at the address shown on the Appeal, of the date, time and place the hearing will be held. This notification shall be given not less than 10 days prior to the hearing date. (3) Except for Orders to Vacate made pursuant to Section 2(e) of this Ordinance, enforcement of any notice issued under this ordinance shall be stayed pending the outcome of any appeal properly and timely filed. Section 1007: Hearing At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of the Building Official, and the owner of the building or structure or his representative if present at said hearing, and other concerned parties who may desire to testify, regarding the condition of the building or structure, the estimated cost of reconstruction, repair or removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall make it's decision and, in the event that it so concludes, it may declare the building or structure to be a nuisance and direct the owner to abate the same by having the building or structure properly reconstructed or repaired, or by having it razed or removed, and further notifying posting and mailing of the Board's decision, the building or structure will be razed or removed by the City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land upon which the building or structure is located, or made a personal obligation of the property owner. (1) At any time within ten days after the Board's decision directing the abatement of a nuisance, the Building Official shall post a copy of the Board's decision on the building or structure and mail copies thereof to all parties concerned in the same manner as the first notice, and he shall file an affidavit thereof in the Building Department files, the Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause being shown. Section 1008: Time To Bring Action Unless the owner or holder of an interest of record brings an action in a court of competent jurisdiction within 30 days after the date of mailing and posting on said premises of the notice of the decision of the Board, contesting the validity of any proceedings leading up to an including the decision of the Board, all objections to the proceedings and decision will be deemed to have been waived. AGENDA FTEM NO. PAGE ( `7 OF 2 Q- Section 1009: Second Notice If the order of the Building Official in the first notice is not complied with within 45 days after giving notice and no appeal has been filed the Building Official shall give a second notice to all parties concerned by posting and mailing in the same manner as the first notice. The second notice shall entitled "Notice to Abate Nuisance" the notice shall direct the owner of the building or structure to effect all necessary abatement within 30 days from receipt of the second notice or show cause why such building or structure should not be condemned as a nuisance and abate as wherein provided. The failure of the owner or any other person to receive such notice shall not affect in any manner the validity of any proceeding taken hereunder. Section 1010: Jurisdiction to Abate Thirty days after the mailing and posting of the Board of Appeals decision or the second notice, the City shall have jurisdiction to abate such nuisance by razing or removing the building or structure unless within the 30 day period an extension of time is granted by the Board of Appeals. In the event that the nuisance is not abated within the prescribed time, the City may thereupon raze and remove the building or structure as herein after described under it's direction and supervision. Section 1011: Method of Abatement Abatement of all buildings or structures under the direction and supervision of the City pursuant to the provisions of this ordinance shall be done in the following manner: (1) If in the event the nuisance can be abated by repair or rehabilitation, the Building Official may employ such architectural or engineering assistance on a contract basis as he may deem reasonably necessary to prepare plans and specifications to facilitate said repair or rehabilitation. (2) Actual work to be done whether it be repair and rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of three (3) bids shall be received from reputable licensed contractors prior to contacting for work to be done. The lowest bidder shall be awarded the contract. Section 1012: Cost Recovery of Repair or Demolition Shall Be Accomplished In The Following Manner: A. Demolition Account Establishment and Maintenance (1) The City Council hereby establishes a Special account designated as the Repair and Demolition Account. The Finance Director is authorized to pay from said account all such costs and expenses incurred pursuant to the provisions of this ordinance upon the demand of the Building Official (2) The City Council in establishing said account authorizes the Finance Director to transfer from the General Fund of the City such amounts as necessary on a loan basis to the Repair and Demolition Account to defray costs incurred for repair or demolition. All proceeds collected the Finance Director who shall credit the same from credited to repay the loan from the General Fund of the City. AGENDA FTEM NO. ,� B. Statement of Expense The Building Official shall keep a complete and accurate account of all costs incurred in the performance of any work pursuant to the provisions of this ordinance. (1) A verified statement of expense showing the gross and net expense of the work performed and all other costs shall be given to the City Clerk who shall schedule it for City Council consideration to set a hearing date. The date, time, place, and purpose of the hearing shall be published once in a local newspaper. (2) The Building Official shall cause to be posted conspicuously on the property from which the building or structure was razed and removed or repaired and rehabilitated, a verified copy of the statement of expense given to the City Clerk, together with a notice of the date, time, and place, where and when the statement shall be heard by the City Council. Posting and mailing of the statement and notice shall be not less than ten (10) days prior to the date set for hearing the statement. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. C. Hearing on Statement of Expense At the time fixed for the hearing on the statement of expense the City Council shall consider the statement, together with any objections or protests which may be raised by the property owner or other concerned parties. The Council may make any such revision, correction or modification in the statement as it may deem just, and thereafter shall render it's decision on the statement. The Council's decision on the statement and on all protests and objections which may be made shall be final and conclusive. The City may continue any hearing provided for herein from time to time. Upon the close of a hearing the Council shall render it's decision not later than fifteen (15) days thereafter. D. Method of Payment for Cost Recovery Shall be determined by the City Council as a part of the decision rendered in the hearing of the statement of expense. (1) The Council may make the charges a personal obligation of the property owner and direct the City Attorney to collect the same using all appropriate legal remedies. (2) Or the Council may order the charge to be made a special assessment and lien against the property involved and order said assessment recorded on the assessment roll in behalf of the City. a) The City Council, in it's discretion may make the special assessment payable in equal annual installments and if said installments shall bear interest, the rate thereof shall be established by resolution prior to recordation of the assessment. AGENDA ITEM NO. 3 4 PAGE I CI OF E. Payment and Recordation of Lien All concerned parties shall be notified of the City Council decision of the hearing in the same manner as the first notice and shall be given opportunity to pay said charges. If payment is not received within ten (10) days after receipt of the Council's decision on the statement, the Building Official shall transmit the statement and the City Council's decision to the County Auditor who shall place the amount thereof on the assessment roll as a special assessment to be paid with County taxes, unless sooner paid. At the same time, the Building Director shall file in the office of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action take to abate the nuisance and the amount of the lien claimed by the City of Lake Elsinore. (1) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes with which it shall continue until the assessment and all interest due and payable thereon are paid. (2) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate per annum from and after said date as determined by the City Council. (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. (4) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the Finance Director of City of Lake Elsinore who shall credit the same to the Repair and Demolition Account. F. Release of Lien Upon payment in full of the costs of the abatement proceeding and the expense of the work done, or upon order of the City Council, the Building Official shall execute and record with the County Recorder a release of the recorded lien on the property. If an assessment has been placed on the assessment roll and is thereafter paid to the Building Official, he shall notify the County Auditor who shall cancel the assessment on the roll. G. Contest of City Councils Decision Unless action is brought in a court of competent jurisdiction within thirty (30) days after final judgment by the City Council, contesting the validity of any proceedings leading up to and including the decision of the City Council, all objections will be deemed to have been waived. H. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. AGENDA ITEM NO. PAGEr,-LL�—� OF UNIFORM PLUMBING CODE 1988 AMENDMENT PART I VIOLATION AND PENALTIES 20.3 the first paragraph is amended to read as follows: Any person, firm or corporation violating any provision of this code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for not to exceed six months, or by both fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. PART I SCHEDULE OF FEES 20.7 is amended to read as follows: The schedule of fees shall be set pursuant to Chapter 3.32 of the Municipal Code. SECTION 401(A) exception 2 is amended to read as follows: (2) ABS, PVC and DWV piping installations shall be limited to those structures where combustible and non -fire rated construction is allowed. SECTION 503(A) exception 2 is amended to read as follows: (2) ABS, PVC and DWV piping installations shall be limited to those structures where combustible and non -fire rated constructions is allowed. AGENDA ITEM NO...�_ PAGEE-2I OF��� UNIFORM FIRE CODE 1988 EDITION SECTION 9.105 the following definitions are amended: CHIEF OR CHIEF OF THE FIRE DEPARTMENT is the City Manager or his authorized representative. CHIEF ENGINEER is the City Manager or his authorized representative. CHIEF OF THE BUREAU OF FIRE PREVENTION is the City Manager or his authorized representative. AGENDA {TEM NO. 34 PAGE OF --2L,— NATIONAL ELECTRICAL CODE 1987 EDITION SECTION 304(A) shall be amended as follows: Schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. ARTICLE 310-5 is amended by adding the following sentence. Conductors smaller than size six shall be copper only. ARTICLE 336-3 is amended as follows: Type NM and Type NMC cables shall be permitted to be used in one and two family dwellings, and multi -family apartment dwellings, not exceeding three floors above grade. AGENDA ITEM NO. Lt PAGE -.2.1— OF UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE 1988 EDITION SECTION 1.11 shall be amended as follows: Schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. SECTION 320 is added to read as follows: SECTION 320: Fencing A. Every person in possession of land within the incorporated area of the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-door body of water designed, constructed and used for swimming, dipping or immersion by men, women or children, having a depth in excess of eighteen (18) inches, shall maintain in good condition an enclosure or fence of any material or design, except as hereinafter provided, substantially constructed, not lower than five (5) feet in height above the surface of the ground measured vertically from the outside grade and completely surrounding such pool or body of water. B. Openings between members. a) No opening between vertical members of a wood, metal, picket stake or other fence shall exceed five (5) inches between members. No opening between horizontal members of a wood, metal or other fence shall exceed two (2) inches between members. If a fence combining vertical and horizontal members meets either the vertical or horizontal requirements of this section, it shall be deemed to meet the requirements of this section. b) Masonry -type fences are excepted from the provisions of this section. C. Clearance above ground. All enclosures and gates shall extend to within two (2) inches of firm soil or within four (4) inches of pavement. D. Gates, doors, latches. a) All gates or doors opening through a swimming pool enclosure shall be equipped with a self-closing and self -latching device designed to keep such door or gate securely closed at all times when not in actual use. The unlocking or unlatching device shall be located not less than five (5) feet above grad or steps at the gate or door measured vertically outside the enclosed areas. This shall include any passage door or gate opening from an accessory building, such as a garage. AGENDA ITEM NO. '� OFA E. b) There shall be the following exceptions to this section: (1) The unlocking or unlatching device may be located on the inside of the enclosure at less than the required five (5) feet in height when not openable from the outside of the enclosure. (2) Self-closing and self -latching devices shall not be required on doors leading from a dwelling unit into the pool area. (3) Double gates installed across vehicular accessways shall be self-closing and shall be equipped with a latching device five (5) feet above grade which may be manually operated. Such gates shall be securely closed at all times when not in actual use. Withholding approval. Plaster inspection or approval to fill the pool with water shall be withheld by the Director of Building and Safety until there has been compliance with all fencing and other requirements of this chapter. AGENDA ITEM NO. 34 PAGE`S ���-- UNIFORM MECHANICAL CODE 1988 AMENDMENTS SECTION 204 is amended by adding the following paragraph at the end of said section to read as follows: Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinance of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five -hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly. SECTION 304(b) is amended to read as follows: The fees for each permit shall be as set pursuant to Chapter 3.32 of the Mechanical Code. AGENDA ITEM NO. PAGEOF Q RRICK, HERRINGTON & SUTCLIFFE "Motion to further continue the Public Hearing on Community Facilities District No. 88-3 due to the complexity of the proposed district and the additional time needed to finalize the scope of facilities proposed for construction and the number of units on which the special tax will be levied." Please discuss this with the Mayor and City Council members as well as City Staff and advise me if there are any questions about the reasons for the continuance or the procedure involved. Thank you for your assistance. Very truly yours, �,Whu I Al„ti--i George W. McFarlin GWM/dm cc: Don Wood, Director of Finance Vicki Kasad, City Clerk John Harper, City Attorney John Mandrell, Butterfield/The Keith Companies Milo Keith, Special Projects Engineer Geoeffrey Robinson, Esq. Masood Sohaile, Esq. AGENDA ITEM NO. PAG OF—a Q RRICK, HERRINGTON & SUTCLIFFE February 8, 1990 Mr. Ron Kirchner Director of Public Works CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Re: Community Facilities District No. 88-3 West Lake Elsinore Dear Ron: On December 26, 1989 the City Council opened the public hearing relating to the establishment of the Community Facilities District, the levy of a special tax within said district and the incurring of a bonded indebtedness to finance the acquisition and/or construction of the designated facilities. After calling for public testimony, the Mayor, at my suggestion, continued the public hearing to January 23, 1990 due to several unresolved matters which bear on (i) the facilities to be included and (ii) the structure and amount of the special tax needed to support the proposed special tax bonds. On that date the public hearing was further continued to February 13,' 1990. The delay was made necessary because the number of housing units within several of the projects had not been determined with any degree of certainty, such determination being necessary to finalize the tax structure and the maximum tax per housing unit. Several of the tentative tract maps are presently going through the approval process, but are not far enough along to provide the necessary information concerning the number of housing units approved for construction. With respect to several of the tracts, this approval process is scheduled to be completed by the March 13th City Council meeting. I would therefore recommend that the public hearing for this district be further continued to March 13th in order that the underlying housing unit count can be determined. Due to the requirement that the Community Facilities District public hearing may be continued for only 30 days without special findings of the City Council, the continuance should be by motion phrased approximately as follows: 333 South Hope Street • Los Angeles California 90071 Telephone 213 680 7000 • Facsimile 213 680 4600 San Franctsco 415 192 1122 • New York 212 326 8800 • Sarratneeto 916 447 9200 AGENDA ITEM( NO. PAGE _.L_ OF� REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13, 1990 SUBJECT: Commercial Project 89-8: Krouse Builders; request for a 7,250 square foot commercial building on .344 gross acres, located at the northeast corner of Scrivener Street and Graham Avenue. PREPARED BY: Mark Rhoades APPROVED BY: Xz,,O- z L Mark Rhoades Davederman Planning Consulta Comm.tbev. Dir. APPROVED BY: Ron Molendyk City Manager BACYGROUN This project received Planning Commission approval on January 17, 1990. There was no Commission discussion and the project was approved unanimously. DISCUSSION The proposed building will be off-white stucco with two blue accent bands, and black window frames. The proposed 7,250 square foot two level structure will be divided into nine (9) office spaces. Parking will be underneath the office structure and is adequate in number of spaces. Landscaping and screening is sufficient as proposed. RECOMMENDATION It is recommended that City Council adopt Negative Declaration 89-53, and approve Commercial Project 89-8, based on the Findings and subject to the attached 56 Conditions of Approval. It is recommended that the Redevelopment Agency concur with City Council action. Find-Lngs 1. Subject to the attached conditions, the proposed project is not anticipated to result in any significant adverse environmental impact. 2. The project, as approved, complies with the Goals and Objectives of the General Plan and the Neighborhood Commercial Zoning District. 3. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with Objectives of Chapter 17.82.060 and the Planning District in which it is located. P�,�� OF—k-_ L ` , CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 Planning Division 1. Design review approval will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 3. These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 4. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utili- ties. 5. All site improvements shall be constructed as indicated on the approved plot plan and elevations. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 7. A revised site plan and elevation plan shall be submitted to the Planning and Building Departments by the applicant prior to Building Division issuance of permits which reflects all conditions of approval. This revised plans shall become the approved plans only upon the review and approval by the Community Development Director or his designee. 8. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 9. Applicant is to meet all applicable City Codes and Ordinances. 10. Meet all State handicap requirements. 11. Meet all Riverside County Health Department requirements. 12. No outdoor storage shall be allowed for any tenant. 13. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 14. No roof ladders shall be permitted. 15. Applicant shall use roofing materials with Class "A" fire rating. 16. Applicant is to meet all County Fire Department requirements including emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required. A fire detector check assembly shall be required for any interior fire lines and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. AGENDA ITEM NO, PAGE OF I - CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 - CONTINUED 17. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened. All roof mounted equipment shall be at least six -inches (611) lower than the parapet wall or top of equipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 18. All exterior downspouts shall be painted to match the building, 19. Any proposed metal mailboxes shall be treated to blend with the center's design theme. Mailboxes shall be submitted for approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director or his designee. 20. Brick pavers or texture pavement treatments shall be laid in bank designs and shall be located at the driveway approaches and crosswalks. 21. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100.00 per plan fee, and the Community Development Director or his designee. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30 -feet apart and at least 15 -gallon in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151) of ingress/egress points shall be no higher than thirty-six inches (3611). e) Any transformers and mechanical or electrical equipment shall be indicated on Landscape Plan and screened as part of the Landscaping Plan. f) The Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. g) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. h) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. i) Final Landscape Plan must be consistent with approved site plan. j) Final Landscape Plans to include planting and irrigation details. J � r AGENDA ITEM NO -.s J PAGE 3 r CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 - CONTINUED 22. Applicant shall construct landscaped berms, not to exceed one (1) foot in height, adjacent to the parking stalls which are on either side of the driveway entrance to the parking area. This shall be reflected on Final Landscape and Grading Plans. 23. Applicant shall provide four (4) additional "carissa grandiflora", three (3) to be placed adjacent to parking stall "29" in a row parallel to the street. The remaining one (1) shall be placed in the landscaped corner between the drive aisle and parking stall 111". This shall be reflected on Final Landscape Plans. 24. Applicant shall annex project into a City Landscape and Lighting District. , 25. All exposed slopes in excess of three feet (31) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 26. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building and shall be submitted and approved prior to issuance of building permits. No wall pack units shall be permitted. 27. Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. 28. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code Chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 29. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. a) Pay water connection fee per Resolution No. 971.5 prior to Certificate of Occupancy issuance. b) Pay sewer connection fee per Resolution 971.5 prior to Certificate of Occupancy. c) Submit hydraulic analysis for water line and facilities sizing. d) Design and construct water line along entire project frontage to E.V.M.W.D. standards. e) A reduced pressure principle backflow device is required after the service meter or after an irrigation meter per Resolution No. 951. f) A sewage grease interceptor and sample box is required for each building with grease interceptor/sample box details and plot plan to be approved by E.V.M.W.D. �s AGENDA ITEM NO. `_' �`• ; /-/� j� PAGE,_,OF_L4 r C CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 _ g) Fire detector check(s) are required for all on-site fire protection facilities. Spring loaded traffic lid and concrete vaults are required. h) Develop a design plan and construct a commercial super hydrant per E.V.M.W.D. Standards with plan to be submitted and approved. i) All waste discharges shall be subject to E.V.M.W.D. Ordinance No. 71 and industrial wastes may require pre-treatment, and/or installation of individual monitoring stations. j) Plumbing plans for the industrial or commercial units shall be reviewed and approved by E.V.M.W.D. k) All facilities must be designed and constructed at the owner's expense (or other satisfactory financial arrangements made) and to the District's Standards. 1) Design and construct a commercial fire hydrant to replace the existing fire hydrant. The existing fire hydrant run must be abandoned at the main. m) It is questionable whether commercial fire flows can be met here or not. Coordinate with E.V.M.W.D. to conduct fire flow pressure testing to see if fire flow requirements can be met. n) If fire flows cannot be met a main line extension (12" min.) will be required. A supporting hydraulic analysis for the area must also be submitted for review and approval to support the main line extension. o) The E.V.M.W.D. anticipates providing sanitary sewer service for the above reference property based upon the completion of the 1 mgd expansion of the Regional Waste Water Reclamation Plant. It is estimated that an additional 1 mgd sewage treatment capacity will be available by July 1990. E.V.M.W.D. has also programmed additional expansion of the treatment plant by currently preparing an E.I.R. for the next phase of construction. By this condition of service the District expresses no warranties as to the availability of sewer service for the above referenced property at such time as applications for sewer service to the property are accepted or approved. p) The District reserves the right to, at anytime, revise or update the conditions for this project. All projects have a one (1) year expiration date and thereafter are subject for reconditioning. 30. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 31. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 32. On-site surface drainage shall not cross sidewalks. 33. Any additional required dedications for public right-of-way shall be provided for on site plan. 34. Applicant shall create two (2) standard parking stalls out of stalls labeled 111" and 112" on building site plan. This shall be reflected on final site plan. AGENDA ITEM NO. PAGE 0F r C CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 - CONTINUED 35. Trailers utilized during construction shall be approved by Planning Division. 36. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Engineering Conditions 37. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 38. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 39. Dedicate a 2.5 foot wide strip of additional right-of-way along the northerly property line to the City for the alley prior to issuance of building permit. 40. Dedicate a 10' foot wide strip of additional street right-of-way along the southerly property line along Graham Avenue to the City prior to issuance of building permit. 41. Dedicate additional right-of-way for standard corner cutback for the future curb return at the westerly corner of the lot. 42. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Department for review and approval prior to issuance of building permit. 43. Process and meet all parcel merger requirements prior to issuance of building permit (Lake Elsinore Code 16.20). 44. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 45. Submit a "Will -Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. 46. Construct all off-site public works improvements per approved street plans (Municipal Code, Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (Lake Elsinore Municipal Code 16.34). 47. Street and alley improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 48. Work done under an encroachment permit for off-site improve- ments shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 49. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78). 50. All compaction reports, grade certification, monument certification (with tie -notes delineated on 8-1/2" x ill' mylar) shall be submitted to Engineering Department before final AGENDA ITEM NO. 72 PAGE. OF r CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-8 - CONTINUED inspection of off-site improvements will be scheduled and approved. 51. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 52. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 53. On-site drainage shall be conveyed to a public facility ori accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 54. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 55. Applicant shall contribute thirty-four dollars ($34.00) towards the City Master Entryway Sign Program. 56. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer. AGENDA ITEM NO. -- , PAGEOF�/� Minutes of Planning Commission January 17, 1990 Page 8 RMINATION OF SUBSTANTIAL CONFORMANCE WITH GENERAL PLAN Motion by Commissione to notify the County of Riverside that the pro s stantial conformance with the General P or the City o Elsinore, second by Commissi ilenson. A 4-0 10. Commercial Project 89-8 - Krouse Builders - Associate Planner Restivo presented a proposal for the construction of a 7,250 square foot commercial building on .344 gross acres, located at the northeast corner of Scrivener Street and Graham Avenue. Chairman Brown asked if there was anyone present representing the applicant and if there were any concerns. Mr. Fred Crowe, Butterfield Surveys/The Keith Companies, stated that they prepared the map and would try to answer any questions that arise. There being no discussion at the table, Chairman Brown called for a motion. Motion by Commissioner Saathoff to recommend to City Council adoption of Negative Declaration 89-53 and approval of Commercial Project 89-8 based on the Findings and subject to the 56 Conditions of Approval listed in the Staff Report, second by Commissioner Wilsey. Approved 4-0 OMMUNITY DEVELOPMENT DIRE'CTOR'S COMMENTS Cc nity Development Director Gunderman stated that Ramsgate wi be co 'ng before the Commission soon, and there are a number f issues at are likely to be a part of this project. We fel hat it would appropriate to set up a subcommittee, consistin of two Planning C issioners and two Councilmembers, to sit h staff and the devel er to discuss and resolve major issue prior to public hearing. Therefore, we would request that a Commission appoint two Comma Toners to serve on this subcommi ee. We hope that there will t be more than two meeti and a follow-up meeting to insure tha all issues have been co ied with. Commissioners Saathoff an Gilenson were apAinted to serve on this subcommittee, and Commissioh@r Wilsey asaffi alternate. PLANNING COMMISSIONER'S Commissioner Wilsey Inquired about the multi- rpase tr '1 standard implementation status. Community Developmen Director Gunderman ated that this was discussed today wit Community Services Direct Watenpaugh, who has responsibili for developing those standar and he expects to have a stand d ready for review within 30 days. Commented Of,the 75% rule for zoning, and possibly th need for a meeting h City Council to discuss interpretation and idelines for th' 75% rule, and how staff should be handle this. WTh trail information that we have dealt with in the past, the st ent was on the Marinita Tract, should be made available to Ci Council. AGENDA ITEM NO. PAGE $ OF� r r PLANNING DIVISION REPORT TO PLANNING COMMISSION Business Item C 89-8 January 17, 1990 PREPARED BY• APPROVED BY: PPROVED BYi& ark Rhoades tary4Thornhill Dave nderman Con ulting Planner Planning Manager Comm. ev. Dir. OWNER/APPLICANT Krouse Builders, Inc. 550 Central Avenue Placentia, California 92670 USE Design Review for a 7,250 square foot commercial building, Commercial Project 89-8 SIZE AND LOCATION 7,250 square foot commercial building on .344 gross acres. The lot is located at northeast corner of Scrivener Street and Graham Avenue. ENVIRONMENTAL SETTING BACKGROUND This project was brought to staff's attention in early 1989 when it was submitted for preliminary review. Staff has worked with the applicant to produce the present proposed commercial building. The current project was submitted November 16, 1989. The project reflects enhancements made by staff and the city's consulting architect. DISCUSSION The proposed structure is two levels, with the entire first level being parking. The second level will be divided into nine (9) commercial offices with access by elevator and stairs. The proposed colors and materials are off white stucco with a medium blue accent stripe at roof and second floor levels, the window frames will be black anodized aluminum. AGENDA ITEM NO.S � J PAGE OF EXISTING LAND USE ZONING GENERAL PLAN Project Site - Vacant C-1 Mixed Use North - Single -Family R-1 Mixed Use Residential East - Single -Family C-1 Mixed Use Residential South - Single -Family C-1 Mixed Use Residential West - Single -Family C-1 Mixed Use Residential BACKGROUND This project was brought to staff's attention in early 1989 when it was submitted for preliminary review. Staff has worked with the applicant to produce the present proposed commercial building. The current project was submitted November 16, 1989. The project reflects enhancements made by staff and the city's consulting architect. DISCUSSION The proposed structure is two levels, with the entire first level being parking. The second level will be divided into nine (9) commercial offices with access by elevator and stairs. The proposed colors and materials are off white stucco with a medium blue accent stripe at roof and second floor levels, the window frames will be black anodized aluminum. AGENDA ITEM NO.S � J PAGE OF r Business C 89-8 January Page 2 Item 17, 1990 The project as proposed meets all applicable sections of the Lake Elsinore Municipal Code, with the exception of parking. The problem with regards to parking involves the length of stall one (1), and the inclusion of an extra compact space. To mitigate both situations simultaneously, staff recommends that parking stall one (1) and two (2) be changed to standard stalls, with the paved surface to be extended two (2) additional feet into the landscaped area perpendicular to stalls one (1) and two (2). Stalls 3, 4, 5, 6, 7, 8, and 9 would all remain standard compact spaces. Staff feels that this arrangement will have no impact on the adjacent residential district because of the extra buffer space provided by the alley easement, the proposed landscaping, and the proposed six (6) foot decorative block wall. Initially, staff had some concern regarding the visibility of parking from both Scrivener Street and Graham Avenue. However, the applicant has proposed a four (4) foot screen wall along the south half of the Scrivener Street elevation, the north half contains a driveway, and abundant landscaping is proposed along the entire side. Staff recommends that one (1) foot high landscape berms be provided adjacent to the parking stalls on either side of the driveway to provide further visual screening from Scrivener Street. The parking area will be completely screened from Graham Avenue due to elevation and the proposed four (4) foot wall. The finished pad elevation is four (4) feet above the Graham Avenue elevation. The embankment from pad to sidewalk will be completely landscaped, atop which an additional four (4) foot high wall to match the proposed building materials will be constructed. The proposed landscaping is sufficient and provides excellent screening from all sides. Staff recommends that three (3) additional "carissa grandiflora" be placed adjacent to parking stall 29 in a row parallel to the street. Also, one (1) additional carissa grandiflora be placed at the corner between the drive aisle and parking stall one (1). With the proposed landscaping the visibility of any parking area would be minimal. Staff recommends that the Planning Commission recommend to City Council adoption of Negative Declaration 89-53 and approval of Commercial Project 89-8, subject to the following Findings and the attached Conditions of Approval. FINDINGS 1. Subject to the attached conditions, the proposed project is not anticipated to result in any significant adverse environmental impact. 2. The project, as approved, complies with the Goals and Objectives of the General Plan and the Neighborhood Commercial Zoning District. 3. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82.060 and the Planning District in which it is located. AGENDA ITEM; NO_ -iL� PAGE OF -J(0_ fes► OFFICE USE ONLY Negative Declaration NO. 89-53 Project: C CITY OF LAKE ELSINORE ASSESSMENT FORM 1. Developer or Project: Contact Person: l -p_ Address: 5 City: PJAZ z<A Zip: 6726-70 Teleph ne Number: (-114)_ 3- a 2. Environmental Information Prepared by:_�,4A ALIEV�4QUA Address: „J!r2 W. City: fjJLL r- TQN e�:A, Zip:2 Telephone Number: ( 114 ) d�j-7-3 ►� 3. Proposed Project Title: Location: ¢ 9 Total site acreage: Gross: 0.344 ACRE Net: c). -ie -s5 /,►c.�rc For Residential Project: Number of units: tr,d. Dwelling units per acre:N A Unit sizes (square feet)_ N 4 Attach brief description of proposed project, including intended use, and phasing of project, or if present project is a phase or portion of a larger project. 4. List and describe any other related permits and other public approvals required for this project, including those required by local, regional, state, and federal agencies, not including approvals from the City, fire department, sheriff's department, and Elsinore Valley Municipal Water District. 5. Environmental Setting: Attach a description of the existing environmental setting of the project site and surrounding pro- perties, including information on topography, geo- logy, soil stability, plants, animals, and any cultural, historical, or scenic aspects. AGENDA ITEM NO. PAGE, OF�_ GENERAL EXISTING LAND USE ZONING PLAN Project site FSATz-E 1.41vo �= I M �x Surrounding �t .4 Y. �� N��� m i x North 1 �nr1 �.� Noses 1 Surrounding .51 N` F=ANM i LY G-1 M ► X Easta�,,1 E. Surrounding GR G--1 M tX South V4 0 M E Surrounding mvr. West S1N�LE FAM l LY AGENDA ITEM NO. 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A "Ia a A a a.voa au x.9 NZ q AGl�R1DA IDEM 'd tv0. �1 at 11 '' /V '" n '' OF 14 PAGE A Krouse Builders 550 Central Placentia, California 92670 RE: Krouse Builders Inc. Office Building in Elsinore 3. Professional office structure containing 9 office units for rent plus one common core area containing handicapped approve restrooms, janitorial area, elevator and stairs. Secondary exit stairway has also been provided. All units are located on the second floor with the first floor devoted to 29 -parking spaces, entry and mechanical core. This project will be completed in one phase. 4. None required. 5. The site faces Graham, a mixed residential and commercial street near Lake Elsinore. The lot is fairly level with a gradual drop towards the direction of the lake. Soil is clayey silty sand and capable of compaction. No special plants or animals exist in the immediate area and there are no cultural or historical considerations. The proposed office building will enjoy a view of Lake Elsinore from over 50% of the units. 6. A. Structure is low profile (30' - 0" ht.) w/maximum 301ht. trees. B. Possible future solar system may be installed on roof with no visual intrusion in the area and with direct access to mechanical core. C. Insulation, dual -glaze (if and where needed) and tinted/reflective glass. 7. 3. B. The placement of this structure will reduce the absorption rate and modify the pattern of surface water run off. To correct this change all roof trapped water is collected and drained to adjacent streets where pre -project run-off was initially deposited. All non -covered area's will retain approximately the same absorption rate and all run-off will be controlled and directed to adjacent streets where pre -project run-off was initially deposited. 7. 4. B. Project will result in the increase in the number and species of trees, shrubs and grasses. 7. 13. B. The project will have an effect on existing parking facilities, it will create the need for additional parking. The applicant has adequately mitigated this concern by providing required parking as per the Lake Elsinore Municipal Code. AGENDA ITEM NO. �- PAGE�..� ..OF�_ FOR OFFICE USE ONLY YES MAYBE NO I. M.�.,: "_TORY FINDIN. OF S`GNIFICANCE: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild- life population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the - major periods of California history or prehistory? b. Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? c. Does the project have impacts which are individually limited, but cumulatively considerable? All of the above must be answered "no" for a negative declaration to be issued. II. DETERMINATION: The proposed project should not have a significant effect on the environment and a Negative Declaration will be prepared. Although the proposed project could have a signifi- cant effect on the environment, it will not in this case because of the attached mitigation measures. A Negative Declaration will be prepared. The proposed project may have a significant effect on the environment. An EIR is required. III. REVIEWED BY: PLANNING DIP ATE: 1-2 1- ?0 TATE: /-/Z— 940 I ,E i "=svivno*,t►3a:rwvs o"Mm mum�,,. 'NVId-3119 ! ! Imo: arm. pi �r� _ W 3 O Z IL it L -t • R q L i s 7 r •: �7�LY$�J �� �� j I ��a ■���rr�:� ��:a�� � z Ips 3 C "r sss■ < Z qq•�F �` "s 7Yi': � ; O _ R t ra 1•016 bit L 11 Ore - 0 !1 AGENDAITEM NO. �I RAGIE REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: Februa-,7 13, 1990 SUBJECT: Industrial Project 89-8: Paul Carrara; a request to construct an 18,255 square foot industrial building on a one acre lot, located approximately 135 feet south of Minthorn Street, east of Third Street. PREPARED BY: APPROVED BY: dAbriell7eavo Dave derman Associate Planer Comm.Loev. Dir. APPROVED BY: Ron Mole dyk City Manager BACKGROUND At the meeting of January 17, 1990, the Planning Commission recommended approval of Industrial Project 89-8 by a 4-0 vote, Commissioner Brinley absent (minutes and staff report attached). DISCUSSION The Planning Commission recommended project approval without any project concerns. The project was conditioned by staff to insure setback landscaping. The proposed building is a tilt -up concrete building with glass store front entries and front loading doors. The building finish includes trimmed loading doors, a recessed maroon accent trim, turquoise aluminum storefronts and a glass corner entry. The site is located 135 feet south of Minthorn, east of Third Street. RECOMMENDATION It is recommended that City Council adopt Negative Declaration 89-38, and approve Industrial Project 89-8, based on the Findings and subject to the attached 45 Conditions of Approval. It is recommended that the Redevelopment Agency concur with City Council action. Findings 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. If the attached conditions are met, the project will meet the design directives of Chapters 17.56, 17.38 and 17.82 of the Municipal Code. 3. If the attached conditions are met, the project will meet all requirements and standards of the Municipal Code. AGENDA ITEM NO. PAGE., OF �✓� CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 89-8 Planning Division 1. Design Review Approval for Industrial Project 89-8 will lapse and be void unless building permits are issued within one (1) year from the date of City Council approval. 2. All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 3. These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 4. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utili- ties. 5. All site improvements shall be constructed as indicated on the approved plot plan and elevations, subject to these Conditions of Approval. Revisions to approved site plans or building elevations shall be subject to Design Review. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 7. A revised site plan and elevations plan shall be submitted to the Planning and Building Departments by the applicant prior to Building Division issuance of permits which reflects all conditions of approval. This revised plans shall become the approved plans only upon the review and approval by the Community Development Director or his designee. 8. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 9. Applicant is to meet all applicable City Codes and Ordinances. 10. Meet all State handicap requirements. 11. Meet all Riverside County Health Department requirements. 12. No outdoor storage shall be allowed for any tenant. 13. Provide one (1) centrally located trash enclosure. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 14. No roof ladders shall be permitted. 15. Applicant shall use roofing materials with Class "A" fire rating. 16. The design and construction of the project shall meet all County Fire Department standards for fire protection including emergency vehicle turning radius and shall include any additional requirements requested by the Fire Safety Specialist. 17. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be screened so that they are not visible from neighboring property '1 #j AGENDA ITEIM NO. ��-� �' •: `� i I_/�,� "'� PAGE OF - - CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 89-8 CONTINUED or public streets. No single -unit wall/window air conditioning units shall be used. All roof mounted equipment shall be at least six -inches (611) lower than the parapet wall or top of eq-kipment well and shall be painted to match the building. Evidence of compliance shall be included in building plans. 18. All exterior downspouts shall be painted to match the building. 19. Any proposed metal mailboxes shall be treated to blend with the center's design theme. Mailboxes shall be submitted for, approval prior to issuance of building permits, subject to the approval of the postal service and the Community Development Director or his designee. 20. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant for a $100.00 per plan fee, and the Community Development Director or his designee. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from the City Street Tree List, a maximum of 30 -feet apart and at least 15 -gallon in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151) of ingress/egress points shall be no higher than thirty-six inches (3611). e) Landscape planters shall include an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j) Final landscape plan must be consistent with approved site plan. k) Relocate Jacarandas out of right-of-way and further away from drive apron. 1) Screen parking from Third Street. m) Final landscape plans to include planting and irrigation details. AGENDA ITEM NO. �► . `'� �'T 3 PAGE J OF CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 89-8 CONTINUED n) Provide a five-foot (51) landscaped setback between rear property line and drive aisle/parking areas. o) Provide a five-foot (51) wide parking lot landscaped planter between parking space number 26 and the drive aisle. 21. All exposed slopes in excess of three -feet (31) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 22. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. No wall park units shall be permitted. Any security lighting located on-site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or his designee. 23. The applicant shall develop a Master Signage Program for the center which specifies harmonious and consistent colors, materials and specifications which will enhance the center's design and meet the provisions of Lake Elsinore Municipal Code Chapter 17.94. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including free-standing signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 24. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 25. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 26. Parking stalls shall be double -striped with four -inch (411) lines two -feet (21) apart. 27. Applicant shall annex project into a City Landscape and Lighting District. 28. Trailers utilized during construction shall be approved by Planning Division. 29. On-site surface drainage shall not cross sidewalks. 30. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a 12' x 20' loading space as required by the City's Municipal Code. 31. Exterior doors on the north elevation shall match the main building color. 32. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Engineering Department 33. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. AGENDA ITEM NO.� PAGE OF� CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 89-8 CONTINUED 34. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 35. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 36. Submit a letter of verification "Will -Serve" letter to the City Engineering Department, from the applicable water district, stating that water and sewer arrangements have been made for this project, prior to applying for building permit. 37. If the existing street improvement plans are to be modified, existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 38. Street improvement plans and specifications shall be prepared by a civil engineer and improvements shall be to Riverside County Road Department standards and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 39. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works off-site improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution No. 83-78). 40. All compaction reports, grade certification, monument certification (with tie -notes delineated on 8-1/2" x 11" mylar) shall be submitted to Engineering Department before final inspection of off-site improvements will be scheduled and approved. 41. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 42. All natural drainage traversing site shall be conveyed through site, or provided for by a method approved by the City Engineer. 43. Applicant shall contribute $2,600.00 towards the design and construction of a traffic signal at the intersection of Central Street and Collier Avenue. This development will increase traffic volume at the intersection at two -percent (2%) and should contribute two -percent (2%) for the cost of construction. 44. Contribute $101.00 towards the City's Master Entryway Sign Program. 45. Prior to issuance of building permits or recordation of map, developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a drainage mitigation fee. Whereas the City is in the process of developing a Master Plan _of Drainage for this area, and the final plan has not yet been adopted but the previously completed Master Plan of Drainage for the West End indicates a fee of $4,000 per acre is in order, the developer shall deposit $4,000 per acre which may be partially returned if the indicated drainage fee is lower. AGENDA ITEM NO. PAGE CF - - Minutes of Planning Commission January 17, 1990 Page 7 5. ting Tentative Tract Map 25274 - Pardee Plan Manager Thornhill stated that the appli make the ting due to weather conditions this item be co ued. Motion by Commiss Tract Map 2E47A- BUSINESS ITEMS aka'not sts that f to continue Vesting Tentative 7, second by Chairman Brown. IT WAS THE CONSENSUS OF THE COMMISSION THAT BUSINESS ITEMS 8, 7 AND 9 BE MOVED TO THE BEGINNING OF THE BUSINESS ITEMS. 8. Industrial Project 89-8 - Paul Carrara - Associate Planner Restivo presented a proposal to construct an 18,255 square foot industrial building on approximately one acre, located 135 feet south of Minthorn Street, east of Third Street. Chairman Brown asked if there was anyone present representing the applicant and if there were any concerns. Mr. Paul Carrara stated that he was in agreement with staff recommendation. A brief discussion was held on condition number 17, pertaining to roof mounted equipment. Motion by Commissioner Wilsey to recommend adoption of Negative Declaration 89-38 and Industrial Project 89-8 based on the Findings the 45 Conditions of Approval listed in the second by Commissioner Gilenson. Approved 4-0 7. esidential Project 89-22 - Pardee Construction - Chairma B wn stated that there has been a request for continuance dr_ thi roposal, and called for a motion. to City Council approval of and subject to Staff Report, Motion Commissioner Wilsey to continue Residential Project 89-22 to bruary 7, 1990, second by Commissioner Saathoff. Approved 4- 9. Industrial Proj'act 89-11 - Jess Rodriguez'- Chairman Brown stated that there has been a request for continuance on this proposal, and calle&-tor a motion. Motion by Commissioner --Wilsey to continue Industrial Project 89-11 to February 71 1990,-gecond by Commissioner Saathoff. Approved 4-0 6. Determination of Substantial Cgoformance with General Plan - County of Riverside (Continued from-.�,anuary 3, 1990) - Planning Manager Thornhill stated that this is. -a request for conformity with the General Plan for the dispo�l of 3.11 acres of property located -on the south side of,�ailroad Canyon Road, approximately one=half mile southwest of its.ntersection with Cottonwood Canyon Road. Government Code Se=on 65402 states that whenever real property is acquired or'sposed of, a determination of General Plan consistency shall made by the !ef lanni Commission. Pardee Construction is p osing to urc se the property from the County of Riverside; irr order to ctuate the sale, the Government Code determination mist be ndered prior to disposal by the County. There being no discussion at the table, Chairman Brown calle'ti� for a motion. AGENDA ITEM NO. ] r PAGE Or. 1� r PLANNING DIVISION REPORT TO PLANNING COMMISSION H Business Item I 89-8 January 17, 1990 V PREPARED BY: IS REVIEWED BY. PROVED BY:WDavenderman Gabrielle Restivo ary Thornhill Associate Planner City Planner . Dir. OWNER/APPLICANT Paul Carrara 1032 East 6th Street Corona, California 91719 REQUESTED USE A request to construct an 18,255 square foot industrial building. SIZE AND LOCATION The site is approximately one acre and is located 135 feet south of Minthorn Street, east of Third Street. A.P. # 377-150-029 ENVIRONMENTAL SETTING PROPOSAL The request is for an 18,255 square foot industrial building, situated on a one (1) acre interior lot, located 130 feet south of Minthorn Street, east of Third Street. The proposed building is a tilt -up concrete building with glass store front entries and front loading doors. The building finish includes concrete -colored, sandblasted, loading door trims; a recessed maroon accent trim; turquoise aluminum store fronts, and a glass walled corner entry. Architectural treatment on the street - facing elevation includes several high windows in addition to two (2) glass store front window areas. The south and west elevations facing into the property lines continue the recessed maroon accent trim color. AGENDA ITEM NO. 65�- PAGE 7 OF lJ EXISTING LAND USE ZONING GENERAL PLAN Project Site - Vacant M-1 Limited Industrial North - Vacant M-1 Limited Industrial East - Building Under M-1 Limited Industrial Construction South - Industrial M-1 Limited Industrial Building West - Vacant M-1 Limited Industrial/ Floodway Fringe PROPOSAL The request is for an 18,255 square foot industrial building, situated on a one (1) acre interior lot, located 130 feet south of Minthorn Street, east of Third Street. The proposed building is a tilt -up concrete building with glass store front entries and front loading doors. The building finish includes concrete -colored, sandblasted, loading door trims; a recessed maroon accent trim; turquoise aluminum store fronts, and a glass walled corner entry. Architectural treatment on the street - facing elevation includes several high windows in addition to two (2) glass store front window areas. The south and west elevations facing into the property lines continue the recessed maroon accent trim color. AGENDA ITEM NO. 65�- PAGE 7 OF lJ DISCUSSION Business Item I 89-8 January 17, 1990 Page 2 Staff is recommending the following design review changes in order to provide continuity in the landscape plan and to provide a five-foot (51) landscaped area between rear property line and drive-, way parking areas: 1) The applicant should provide one (1) centrally located trash enclosure. This will provide the additional room necessary for the desired landscaped setbacks. The following change is required by the Municipal Code: 1) A five-foot (51) landscaped planter between parking space number 26 and the drive aisle needs to be pro- vided. Staff has no other design review concerns. ENVIRONMENTAL Negative Declaration 89-38 has been prepared for this project with the finding that all associated environmental impacts can be reduced to less than significant levels, and no environmental impacts are anticipated as a result of this project. RECOMMENDATION Staff recommends that Planning Commission recommend to City Council, adoption of Negative Declaration 89-38 and approval of Industrial Project 89-8, based on the following Findings and subject to the attached Conditions of Approval. FINDINGS 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. If the attached conditions are met, the project will meet the design directives of Chapters 17.56, 17.38 and 17.82 of the Municipal Code. 3. If the attached conditions are met, the project will meet all requirements and standards of the Municipal Code. AGENDA ITEM NO. r PAGE OF_.A!__17 C C OFFICE USE ONLY Negative Declaration No. 89-38 Project: 189-8 CITY OF LAKE ELSINORE ENVIRONMENTAL ASSESSMENT FORM 1. Developer or Project: Contact Person: Paul Carrara Address: 1032 East 6th City: Corona, California Zip: 91119 Telephone Number: (_114 ) 371-2715 2. Environmental Information Prepared by: Gabrielle Restivo Address: 130 South Main Street City: Lake Elsinore, California -Zip: 92330 Telephone Number: ( 714 ) 674-3124 Location: feet south . of Tract 21297; sic Avenue on the east s .. . -1 - -- Total site acreage: Gross: Net: 1.01 For Residential Project: Number of units: 9 Dwelling units per acre: N/A Unit sizes (square feet) : 1,875 mi.nimm - maximum 5,200 Attach brief description of proposed project, including intended use, and phasing of project, or if present project is a phase or portion of a larger project. 4. List and describe any other related permits and other public approvals required for this project, including those required by local, regional, state, and federal agencies, not including approvals from the City, fire department, sheriff's department, and Elsinore Valley Municipal Water District. 5. Environmental Setting: Attach a description of the existing environmental setting of the project site and surrounding pro- perties, including information on topography, geo- logy, soil stability, plants, animals, and any cultural, historical, or scenic aspects. AGENDA ITEM NO. 51�- PAGE OF r GENERAL EXISTING LAND USE ZONING PLAN Project site Vacant M-1 Limited Industrial Surrounding Vacant N-1 Limited North Industrial Surrounding Industrial Buildings M-1 Limited East Industrial Surrounding Industrial Building M-1 Limited South Industrial Surrounding West Vacant M-1 Limited Industrial AGENDA ITEM NO. 51�- PAGE OF r I I 4 l •f �! 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H as O ov0H O mypp o+oami o •o ooa ocs v a0 4, OY � Hq ri o t '041 O.c m a q pyO i1 H °d •.Hi s +i H An 4 o d d a ak a o03NUT0 ad 0 MN 1a q ° 0•O+ • Hdd 0. wH0 >q>. mq hd0e rCOi N Am a J4 %A -0a qo -1C q.Oa O q aM003r m 03 d .1 + 1 + R r w••+ O,>0 a0gA Q1 C 1 d ri rai h gyp r 1N 0 0 03 0 NO�0.cvw h H n h rti h NP. -4 O ga ta T b N oqn- dt .+ -+ �io ri o > a 0 C 'o tlLk m H b kmbdiw0 d H +Ni+3i +4 0 0 Y 11 k rr a 43yypA mp'dY03qY4mo A�0 k$ C w O +i +i °0. d 0 C 1N N11k0 IC Oc-01 q aO 0� a H a ri c —V-4 d O N Ori N }1O a1C .10 6 D. 11ad r1 H hO+i •u - W Oa UmdO O to d m p> ma Cd C. XddNwq Nr1 a � m q -.4 qd q�04� O:C m �., Gdd AgOLK dC0 qOk U Otl+i 0-4 0-4 + d qa .1dC'0 • n rlvmo N o kmtdH > w4 -4C ri ma 3•• Us .- +i C dL p0. 11 • 4 �U �q m Ya r^rj aY-4a HC ,a co i CO ka ddaAamwd q +qi O H q d NC 0.HNq 0 V —4041 N N 3 m > pC p. O O - MRt OU U m a MO aad W qH �m O W Co 40430Op+# ..Si� +i0Yri co0 m .i q ri d+i000 a-' d> YO H4 c >h O m r•1 m N a m A H O H a Is A Y C O A N qO t > -r m „pOi M 0%4 k Hr1 Hs 0. +dr Yw °U .-1 d q 0 ° O i 3 A° 0 •i'OA0 :43 m W uHC .Cmi �r1t6rB�. 11 r Y Oam .Omi3 aU+d ma H AGENDA ITEM NO. GlJ qm NkNF ow Ua.a qc dmm Y0�lpm O + O XC1 m ki3 dt+i Qp + N y 3 O - *0Nd° k ��m40km pYnd0F wq �c 1kdA 000 A k0 +D m ao w 0Ow NN6 O N O k -Pqi. O U so +4 0q 41 18%4 70 m 0W ag m W b +i At:• 4°ayy, .010d W !A MN twk O m 7 m9 - .IaYOtl 0 424c Pktl? +im m+id IIS COMA° )4 i, 14 W43 M q AO� N•• NdT11+1 P H maaA0 SSO t 4 0.N C 0 +..r Ad n b • a r A m� rl 14 ►1 �1�.1 d a 1 oC a rio 1 b ie d am wri pnA m+i C 1 maNq OAq C oHNO q> XC CH a DCN�� goy r a d 0 q� 0.H so a.i 43 No tltoT+qLii Y4w>•Cr1. H as O ov0H O mypp 414 4 � w v a0 .•07i 4, OY � Hq .p . md m1C O t '041 O.c m a m q pyO i1 H °d •.Hi +i m C d MN 1a + 0•O+ RO wH0 >q>. Hd rrdd A Am a J4 ad O aU IA -0a qo q.Oa +UA+ YmAOC-- aa d r 1 + R r w••+ O,>0 a0gA Q1 C # 00 G0 d gyp O OON 14 NO NO�0.cvw W yd a" 40 w Y ta O> -XNrdA+ r , Y d k > a 0 C 'o tlLk rr40 +i NqM r O +4 0 0 Y 11 k rr r, b mp'dY03qY4mo .1 +i °0. YC ° 0m00'ia 1N q d N aO 4d[ a ti i C Y O C .i 11 6 +i -9 C aY .h .10 6 D. 11ad r1 H hO+i •u - W Oa UmdO O to d p> ma Yrq 4C1•la r � m N> -.4 qd slu- q qOk 4+i Otl+i ?d tl000 C + w 0 d kmtdH > w4 -4C ri ma m0 Us -4 tl� +i C dL p0. Ol • 4 • 44 0 m Ya r^rj aY-4a HC 2%4a 4a a co ri.0 O O 0011 41 a0ir V+i q d NC AY 0 V >•11H\ p. O .40b4 /CAN - MRt m Or CAIC0.4 as k0 a MO aad W qH O f0 'c aU1 a0 4k_.0 +i0Yri L,aa14-0%4OC Vl•17 XO PdONVw70 aVm 00 ~ O qd M 0%4 k Hr1 Hs a A u •H0.1 Z o P A 1M g N Oq xqnt AGENDA ITEM NO. GlJ a r�i FOR OFFICE USE ONLY I. MANDATORY FINDINGS OF";SIGNIFICANCE: a. Does.,the project have the potential to degrade the quality of the environment, substantially reduc6•-the habitat of a fish or wildlife species, cause a fish or wild- life population to drop belpyo :t ;. . self-sustaining levels, threaten to eliminatd a plant or animal community, reduce the number or restrict the *: range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short- term, to the disadvantage of long-term, environmental goals? c. Does the project have impacts which are individually limited, but cumulatively considerable? YES MAYBE NO All of the above must be answered "no" for a negative declaration to be issued. II. DETERMINATION: 1/ The proposed project should not have a significant effect on the environment and a Negative Declaration w'11 be prepared. Although the proposed project could have a signifi- cant effect on the environment, it will not in this case because of the attached mitigation measures. A Negative Declaration will be prepared. The proposed project on the environment. III. REVIEWED BY: may have An EIR is a_ a significant effect required. DATE: �! PLANNING DIRECTOR: ATE: L 10 AGENDA ITEM NO. ;� PAGE .0FJ r r 7. ENVTRONMENTAL SUPPLEMENT l.b. Disruptions, displacements, compaction or overcovering of the soil - Grading will be required for development of the site. The project site is flat and surface relief will not be significantly altered with grading. No unique geologic features exist on the site. Grading will be in accordance with the Uniform Building Code, the City's Grading Ordinance, and pursuant to a soils report no environmental impacts are anticipated. l.g. Liquefaction hazards - The site, is designated by the City of Lake Elsinore 1992 "Sensitive Development Overlay Zones" Map as a potential liquefaction zone. A report by California Geo Tek, Inc., dated January 29, 1986, for Tentative Parcel Map 21297 concluded that the site had a low potential for liquefaction. For commercial development all grading plans must be submitted with a site specific soils report. The building official is responsible for ensuring that any potential geologic hazards described in the reports are mitigated with grading/construction practices recommended in the findings. No environmental impacts are anticipated. 3.b,c. Addition of impervious surfaces, alterations to the course i,16.e. of flow or flood waters, and exposure of people to flood hazards. The Federal Emergency Management Agency (FEMA) Maps dated November 19, 1987, indicate this area is in a 100 year flood plain with an average depth of flooding of one foot. The site is designated AO according to panel number 0606360002C of the referenced map. Increases in impervious surfaces will increase drainage flows. Currently drainage is being directed to the Temescal Wash from Third Street. A master drainage plan is being proposed for the area which includes improvements for a Third Street drainage channel and improvements to Temescal Wash. Mitigation fees will be levied against the developer in order to assist in the payment of the above mentioned storm drainage improvements. It has been determined by City Engineering staff that unimproved storm drainage capacities of Third Street and the Temescal Wash are adequate for this project and that no environmental impacts are anticipated. All buildings within the 100 year floodplain of the Temescal Wash floodway will have to meet the requirements of sections 15.64, The Flood Damage Prevention Ordinance and 15.68, Floodplain Management Ordinance. These ordinances require review and approval of development plans by the floodplain administrator (Building Official) and architect/engineer certification of final grades and ground floor elevations. No environ- mental hazards/impacts are anticipated. 7. The project will generate a limited amount of light and glare. The project is in an area proposed for industrial use and increased light and glare is anticipated. Outdoor lighting will be shielded and directed downward to avoid light/glare above the horizontal plane. No environmental impacts are anticipated. 13.b. Off-street parking will be required for this project. Parking will be provided per code requirements and no environmental impacts are anticipated. L� AGENDA ITEM NO.ti PAGE. C�_ MITIGATION MONITORING PROGRAM INDUSTRIAL PROJECT 89-8 I.b,g. GRADING HAZARDS AND LIQUEFACTION HAZARDS MITIGATION: Grading will be pursuant to the Uniform Building Code, the City's Grading Ordinance, and pursuant to a geotechnical report. Recommendations/mitigation for liquefaction hazards will be required to be implemented in the approved grading plan. MONITORING: The building official of the City of Lake Elsinore is responsible for ensuring that geotechnical recommendations pursuant to reports are implemented in grading plans. Releases will not be given for grading plans unless grading is completed per approved plans. 3.b,c,i,16.e. DRAINAGE, ALTERING THE COURSE OF FLOOD WATERS, EXPOSURE OF PEOPLE TO FLOOD HAZARDS MITIGATION: All development within the 100 year flood- plain of Temescal Wash must meet the requirements of the City's Flood Damage Prevention Ordinance and Floodplain Management Ordinance. The project will be conditioned to meet these requirements. A fee for storm drainage impacts will be levied against the project for a master storm drainage plan for the site and surrounding industrial/Warm Springs area. MONITORING: The building official will be required to enforce all requirements of Chapter 15.64 and 15.68 for building permit approval. Storm drainage fees will be collected prior to issuance of building permits by the City Engineering staff. 7. LIGHT AND GLARE MITIGATION: The project will be conditioned for shielded, exterior lights. MONITORING: A detail of exterior lighting will be required for building permits. On-site lighting must be consistent with approved detail plans for release of occupancy. Planning staff will be responsible for ensuring mitigation is upheld. 13.b. TRANSPORTATION/CIRCULATION MITIGATION: Parking will be provided per City code. MONITORING: Parking requirements will be a part of planning conditions of approval. Planning staff is required to review plans to ensure parking is provided per project conditions prior to release of building permits. AGENDA ITEM NO. PAGE C' t� TO,CP �` d �s•s■: • �6-�,r- it cr'Ai s� ..•401 SOI rl lk 3 Z. a hcpih d a r r k1 Y VyO• IC' � p ►e � 64 ' N STl Q!r 9F�f i SL 'YZ+ "r!r y fs. i d 4. AL 005 �'e71� a� C5,~'° o 16 +r xFi mart rr i!r O Q• � ?/ iir ■ pp p o � a lslogmw Zr b io ZZ GQ6 7 ;17,L/ C3.�I, C.Fb'N �O I j + JQ e1 vl 0 C, —11 O 2 � 1 AGENDA ITEM NO. PAGE 3F - � �a r� }0 107s£ Ja i Q VE ry':� I hti is �, -. •• �r � N � ..� ' sr WVIV :s fes' �sw � L_ d � � j•��•'i�:.1{i`�-�.�'! ui Aja 1i �=a • -+. _ lSa - a a f ti -Jr�'y�.. �� • r ►y t* ' ."i •`, j Sir f .� �:a _T*i l 0 C, —11 O 2 � 1 AGENDA ITEM NO. PAGE 3F - � REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13, 1990 SUBJECT: Stej2hens- Kangaroo Rat Interim Habitat Conservation Plan and Supporting Documentation PREPARED REVI APPROVED( i J L� BY: BY: BY: H4r,dy/)q.-Strp1fzier Dave G Berman Ston endyk The Aanning Commu 'ty Development City Manager Associates Director BACKGROUND: Riverside County and the Cities of Riverside, Moreno Valley, Lake Elsinore, Hemet, and Perris (applicant jurisdictions) have submitted an application to the U.S. Fish and Wildlife Service for a permit to incidentally take Stephens' kangaroo rat (SKR) in association with various proposed public and private projects in the western portion of the county. The area covered by the proposed permit would include much of the historical range of the Stephens' kangaroo rat within the county and would allow take (destruction of the species' habitat) resulting from development of up to 4,500 acres (20 percent) of the approximately 22,000 acres of remaining occupied habitat for the species. To mitigate for the loss of habitat, it is proposed that up to 4,500 acres (private lands) of occupied habitat adjacent to lands currently in public ownership be acquired and placed into public ownership for the management of the species. The acquisition of the private lands would be funded from mitigation fees ($1,950 per acre) collected by the applicant jurisdictions. The applicant jurisdictions would approve the issuance of land development permits, subsequent to CEQA- mandated review of potential impacts to other environmental resources, for public and private project proponents in specified portions of the county during a period of two years from issuance of the Federal permit allowing incidental take. The issuance of the permit would respond to the immediate need to allow for otherwise lawful private and public improvement projects compatible with the existence and recovery of the Stephens' kangaroo rat under the limitations and constraints imposed by the Endangered Species Act, and other applicable Federal, State, and local laws. SECTION 10(a) PERMIT REQUIREMENTS The application for a Section 10(a) permit was submitted by the applicant jurisdictions and accompanied by: a. A complete description of the activity for which the permit is being sought; b. The common and scientific names of the species to be covered by the permit; and c. A "Habitat Conservation Plan" that specifies: 1) The impact that will likely result from the proposed taking of the species; 2) Steps the applicant will take to monitor, minimize, and mitigate such impacts; 3) The level and source of funding available to implement such steps; AGENDA ITEM NO.3 PAGIE�,.� OF Stephens' Kangaroo Rat Interim Habitat Conservation Plan and Supporting Documentation February 13, 1990 Page 2 4) Procedures that will be used to deal with unforeseen circumstances; 5) The names of the responsible party or parties; and 6) Alternatives to the taking and the reasons why they were not pursued. The application is submitted to the Secretary of the Interior, who, after a public comment period, may issue the permit if it is found that: a. The taking will be incidental; b. The applicant will, to the maximum extent possible, minimize and mitigate the impacts of the taking; c. The applicant will ensure that adequate funding for the plan will be provided; and d. The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. nT9r__TISSTnN- Prior to obtaining the Section 10(a) Permit the applicant jurisdictions, including Lake Elsinore, must review and adopt the following: 1. DEIR/DEIS for the Interim Habitat Conservation Plan 2. Interim Habitat Conservation Plan 3. Joint Exercise of Powers Agreement 4. Memorandum of Understanding 5. Implementation Agreement 6. Allocation of the Take These documents are all included herein and briefly described below: Interim Habitat Conservation Plan and Joint DEIR/DEIS: The "Interim Habit Conservation Plan for the Stephens' Kangaroo Rat (Interim HCP)" is a short-term program for the conservation of populations of the SKR through protection of substantial portions of habitat occupied by the species within western Riverside County. it will be used to support an application for a federal Endangered Species Act (ESA) Section 10(a) permit to cover habitat loss outside of potential reserve areas during a two-year planning process. The interim HCP will also provide for mitigation of the take allowed during such two-year period. It also will be implemented in conjunction with the development of a long-term program designed to establish and manage a network of permanent reserves for the species within its historic range. A joint EIR/EIS was prepared for the Interim HCP. AMENDA fTtM NO. • PAGE a' OF_d� Stephens' Kangaroo Rat Interim Habitat Conservation Plan and Supporting Documentation February 13, 1990 Page 3 Im2lementation_Agreement The County will enter into agreements with the participating local, state, and federal agencies regarding the implementation of the HCP. The agreements will specify (1) the responsibilities of each agency; (2) procedures for the collection and documentation of information on habitat impacts; (3) the level, collection, and use of SKR mitigation fees; (4) the acquisition, ownership, and management of SKR habitat; and (5) Section 10(a) permit conditions and enforcement procedures, including the process for permitting incidental take outside of the HCP mitigation fee area. The participation of cities will require (1) adoption of an interim ordinance and SKR mitigation fee substantially equivalent to the County's, including the designation of funds for reserve planning and acquisition; and (2) adoption of the interim HCP, including implementation of the conservation program. Joint _Powers Agreement An agreement by and between the other applicant jurisdictions for the acquisition, administration, operation and maintenance of land and facilities for ecosystem conservation and habitat reserves for the Stephens' kangaroo rat and other listed or candidate threatened or endangered species. Memorandum of Understanding An agreement between the applicant jurisdictions and the United States Fish and Wildlife Service, authorizing incidental take of the SKR and its habitat in accordance with the terms and conditions of the Interim HCP and the Implementation Agreement. Allocation of the Take The Section 10(a) permit will only cover incidental take which is outside of the SKR reserve study areas and within the jurisdiction of local agencies formally participating in the SKR program. The maximum amount of take to be allowed during the permit period will be limited to twenty percent (i.e., 4,500 acres) of the total amount of occupied SKR habitat within the HCP study area. Of that 4,500 acres, it is proposed that Lake Elsinore be allocated 6% or 260 acres. Additional Considerations A portion of the Ramsgate project lies within a potential reserve area. As part of a reserve area, no take will be allowed during the period covered by the Interim HCP. A significant portion of the proposed North Peak project also lies within a potential reserve area. The owners of Ramsgate will be making a proposal to the United States Fish and Wildlife Service involving prepayment of fees or actual land purchases to remove their property from a potential reserve area. RECOMMENDATION: It is recommended that the City Council: 1. Receive and file the Stephens' Kangaroo Rat documents enclosed herewith; and 2. Authorize staff to set up City Council workshop to review and discuss the various documents related to the Interim Habitat Conservation Plan. 'AGENDA ITEM NO. PArF: -3 04 A G E N D A REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 13, 1990 POLICY OF THE REDEVELOPMENT AGENCY: "Only those items filed with the Secretary of the Redevelopment Agency by Noon on Tuesday, prior to the following Tuesday meeting, will be considered by the Agency at said meeting." 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT CALENDAR All matters on the Consent Calendar are to be approved on one motion unless a Boardmember requests separate action on a spici fiiiinuees 1. January 23, 1990 - Regular Redevelopment Agency Meeting. B. Warrant List - January 31, 1990. C. Geographic Information System - Proposal for Development of Conceptual Design and Implemen- tation Strategy. D. Property Acquisition - Preliminary Title Reports and Appraisals. E. Bond Anticipation Notes - Resolution_ No. RDA 90-1. F. Appointment of Bond Underwriter/Bond Counsel Resolution No. RDA 90-2. G. Tentative Tract Map 24624 - Centex Homes. H. Commercial Project 89-8 - Krouse Builders. I. Industrial Project 89-8 - Paul Carrara. 4. j PUBLIC HEARINGS None. RECOMMENDATION Approve Ratify. Accept Proposal. Approve Staff Recomm. Adopt Res. No. RDA 90-1. Adopt Res. No. RDA 90-2. Concur with Council Action. Concur with Council Action. Concur with Council Action. 6. 7. 8. 9. PAGE TWO - REDEVELOPMENT AGENCY AGENDA - FEBRUARY 13, 1990 BUSINESS ITEMS A. Arvida Agreement. EXECUTIVE DIRECTORS REPORT REPORTS AND RECOMMENDATIONS CLOSED SESSION ADJOURNMENT Approve Agmt. MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 23, 1990 ****************************************************************** 1. CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Washburn at 7:50 p.m. 2. ROLL CALL PRESENT: BOARDMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Molendyk, Assistant City Manager Rogers, Legal Counsel Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and Clerk of the Board Kasad. 3. CONSENT CALENDAR Item #3.C. was pulled from the Consent Calendar for further discussion and consideration. Boardmember Winkler advised that he would be abstaining on Item No. 3.D. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. A. The following Minutes were approved: 1. January 9, 1990 - Regular Redevelopment Agency Meeting. B. Received and ordered filed the Investment Report for December, 1989. D. Approved Pass Through Agreement with the County of Riverside for Project Area III. (Boardmember Winkler abstained from vote on this item). ITEM PULLED FROM CONSENT CALENDAR C. Economic Development - Initiation of Resort/Tourism Program. Chairman Washburn detailed the content and purpose of this proposal. Boardmember Dominguez reminded the Board that the Casino should be included as a Tourism factor in this program. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE REPORT PRESENTED AS A GUIDELINE TO INITIATE A MAJOR EFFORT FOR RESORT/TOURISM. 4. PUBLIC HEARINGS None. AGENDA ITEM NO.— PAGE OF PAGE TWO - REDEVELOPMENT AGENCY MINUTES - JANUARY 23, 1990 5. NEW BUSINESS None. 6. EXECUTIVE DIRECTORS REPORT Executive Director Molendyk advised that staff is pursuing the downtown demonstration block and necessary contractual services to complete the improvements. 7. REPORTS AND RECOMMENDATIONS None. THE REDEVELOPMENT AGENCY MEETING WAS RECESSED AT 7:56 P.M. THE REDEVELOPMENT AGENCY MEETING RECONVENED AT 7:59 P.M. 8. CLOSED SESSION THE REDEVELOPMENT AGENCY ADJOURNED TO CLOSED SESSION AT 8:00 P.M. TO DISCUSS MATTERS OF LITIGATION AND POTENTIAL LITIGATION INVOLVING LAKE ELSINORE ASSOCIATES AND ARVIDA COMPANY. (Boardmember Winkler did not participate in this closed session.) THE REDEVELOPMENT AGENCY RECONVENED AT 8:50 P.M. NO ACTION TAKEN. 9. ADJOURNMENT MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR REDEVELOPMENT AGENCY MEETING AT 8:51 P.M. ATTEST: VICKI LYNNE KASAD CLERK OF THE BOARD REDEVELOPMENT AGENCY GARY M. WASHBURN, CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE AGENDA ITEM, NO. � PAGE OF LAKE ELSINORE-RDA PAGE NO, DEMAND/WARRANT REGISTER NO. 90-071 DATE 01/31/90 OUCHER N0. PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV. NO, AMOUNT NO. AMOUNT ALLEW & ASSOCIATES, INC. 1269 6709.84 ALLEW & ASSOCIATES, INC. 251 690.00 ANKERS TRUST COMPANY OF CAL 252 1690.17 ILLIAM S. BUCK ;1270 60.00 RED DOMINGUEZ 11271 610.00 LSINORE OFFICE PRODUCTS 9262 73.56 I ITY OF LAKE ELSINORE 265 5000.00 ITY OF LAKE ELSINORE 266 21.02 AKE ELSINORE MANAGEMENT 263 25000.00 ETER J. LEHR 1272 3000.00 J.M. DESIGN GROUP, INC. 11273 17264 2198.00 COUNTY OF RIVERSIDE 1422.09 ILL STARKEY 11274 I 60.001 ARY WASHBURN 1275 60.00 IM WINKLER 11276 60.001 1 HARCHOL/HARTMAN & ASSOC. 1277 1716.19 HARCHOL/HARTMAN & ASSOC. 1261 3170.591 AGENDA ITEM NO. • PAGE OF LAKE ELSINORE—RDA DEMAND/WARRANT REGISTER NO, 90-071 PAGE NO. DATE 01/31/90 OUCHER N0. PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN ❑ESCHJPTION ACCOUNT CHG'❑ INV. NO. AMOUNT NO. AMOUNT RITTEN 13924.03 REPAID 37067.43 CCRUED .00 OTAL 509%1.46 RECAP 8Y FUND RE—PAID 4RITTEN OPERATING FUND — AREA I 910 15773.07 1551.14 CONSTRUCTION FUND — AREA 911 3170.59 4470.60 OPERATING FUND — AREA II 920 9061.2E 1551.14 CONSTRUCTION FUND — AREA 921 .00 3000.00 s OPERATING FUND — AREA IIIP30 1 9061.89 3351.15 AGENDA ITEM NO. PAGE OF REPORT TO REDEVELOPMENT AGENCY DATE: February 13, 1989 SUBJECT: Geographic Info ation System PREPARED BY: APPROVED BY: Ray Wood, Administrative Ron Molendy , City Manager Services Director BACKGROUND The City and Agency have a rapidly growing need for the ability to access large amounts and varied types of data related to the land uses and development within the City. The types of data needed relate to all aspects of the land uses such as zoning, mapping, building public facilities, engineering, etc. Much of the information is presently unavailable in usable form or is available only after tedious and time consuming manual research and compilation. The matter of the needs in this area have been under review and study for the past couple of years. FINDINGS The City and Agency need to acquire a sophisticated system which will serve to resolve present problems and needs in the area of Geographic information and to handle the rapid growth the City is experiencing. After extensive planning and administrative service staff review of the Geographic Information Systems available in the market place it has been determined that the best available to us has been developed by Environmental Systems Research Institute (ESRI) of Redlands, California. Their system is probably the most widely used in the world. Riverside County is currently on the system, thus allowing us direct access to County Records for updates of data, etc. ESRI has submitted a proposal for the development of a GIS conceptual design and implementation strategy for Lake Elsinore. This is the first step toward total system acquisition and implementation. FISCAL IMPACT The 1989/90 Budget includes $100,000 for the purpose of commencing implementation of a GIS system. The ESRI proposal for the initial stage is $29,895. RECOMMENDATION It is recommended that the Agency accept the proposal of ESRI and authorize the commencement of work as outlined in the proposal. GENDA ITEM NO. - ,36C-* ' PAGE OF REPORT TO REDEVELOPMENT AGENCY DATE: February 13, 1989 SUBJECT: Property Acaul ition PREPARED BY: APPROVED BY: Ray Wood, Administri;Eive Ron Molend k, City Manager Services Director The completion of the Lake Stabilization Program will make a substantial area of property in the Flood Plain available for development. As a part of the long range potential development in the area it is desirable to obtain preliminary title reports and appraisals on the 100-125 parcels identified in the area. FINDINGS A number of title companies and appraisal firms were contacted for proposals for this project. While some were not interested in the project, we were able to receive proposals. Two title companies submitted proposals for preliminary title reports part of the project: Stewart Title $300 per parcel Chicago Title $1,000 per parcel Two appraisal companies presented a joint proposal for $90,000 for the appraisal portion of the project. They are, John P. Neet, MAI and W.J. Carlson Associates. FISCAL IMPACT The initial outlay for this project will be approximately $127,500. However, this amount will be recoverable from the developer(s) as the area is developed. It is recommended that the Agency approve the issuance of purchase orders to the Stewart Title Company not to exceed $37,600 and John P. Neet/J.W. Carlson Associates for $90,000 to accomplish this project. AGENDA 1 TEM IVO. _ 30-00.1 PAGE0� 1 REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13, 1989 SUEWi .L . Bond Anticiy,&!,-ionivvtca PREPARED BY: r~ - ED BY: APP V L RO Ray Wood, Administra ve •Ron Molenk, City Manager Services Director BACKGROUND In September, 1989, the Agency issue $3,500,000 Bond Anticipation Notes maturing March 12, 1990 for the purpose of acquisition of the Lehr property. At the time it was anticipated that the notes would be redeemed from the proceeds of a pending Tax Allocation Bond issue. As a result of the failure of a local newspaper to properly publish a related notice, the Bond Issuance Proceedings have been delayed to the extent that originally anticipated funds will not be available for the March 12, maturity. FINDINGS In order to meet the March 12, 1990, maturity of the original notes, new Bond Anticipation Notes will need to be issued. FISCAL IMPACT The necessity to follow this course of action will result in additional costs of issuance and interest on the new issue totaling approximately $328,875. RECOMMENDATION It is recommended that the City Council adopt Resolution No. and the Agency adopt Resolution No. k , authorizing the issuance of the related Bond Anticipation Notes. AGENDA ITEM NO. ■ PAGE DF RESOLUTION NO. R A V1 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AUTHORIZING ISSUANCE OF $3,800,000 PRINCIPAL AMOUNT OF RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. III TAXABLE REFUNDING BOND ANTICIPATION NOTES, 1990 SERIES, APPROVING AND AUTHORIZING AND DIRECTING EXECUTION OF INDENTURE OF TRUST RELATING THERETO, AUTHORIZING SALE OF SUCH NOTES, APPROVING OFFICIAL STATEMENT AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the Agency is authorized pursuant to the Community Redevelopment Law, being Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California (the "Law") and pursuant to the provisions of Chapter 6 of Division 6 of Title 1 (commencing with Section 5900) of the Government Code of the State of California (the "Taxable Law") to issue its taxable refunding bond anticipation notes for the purpose of refinancing redevelopment activities within and of benefit to its redevelopment project areas; and WHEREAS, after due investigation and deliberation, the Agency has determined that it is in the interests of the Agency at this time to provide for the issuance of its Redevelopment Agency of the City of Lake Elsinore Rancho Laguna Redevelopment Project Area No. III Taxable Refunding Bond Anticipation Notes, 1990 Series (the "Notes"), for the purpose of refinancing redevelopment activities within and of benefit to the Agency's Rancho Laguna Redevelopment Project Area No. III; and WHEREAS, the Notes are proposed to be issued pursuant to an Indenture of Trust (the "Indenture") dated a of March 1, 1990, by and between the Agency and the Bank of New York Trust Company of California, as trustee; and WHEREAS, as authorized by the Taxable Law, the Agency hereby determines that the interest payable on the Notes will be subject to federal income taxation under law in existence on the date of issuance of the Notes; and AGENDA i 1 ' . - . - � PACS O WHEREAS, the Taxable law authorizes the Notes to be sold at private sale and the Agency proposes to sell the Notes at private sale to First California Capital Markets Group (the "Underwriter"), all on the terms and conditions herein set forth and as provided in the form of Purchase Contract (the "Purchase Contract") on file with the Secretary, and WHEREAS, the Underwriter has caused to be prepared an Official Statement describing the Notes, the preliminary form of which is on file with the Secretary; and WHEREAS, the Agency, with the aid of its staff has reviewed the Indenture, the Purchase Contract and the Official Statement; and the Agency wishes at this time to approve the foregoing in the public interests of the Agency; NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Lake Elsinore, as follows: Section 1. Insurance of Notes; Approval of Indenture. The Agency hereby authorizes the issuance of the Notes under and pursuant to the Law, the Taxable Law and the Indenture, in the aggregate principal amount of $3,800,000. The Agency hereby approves the Indenture in substantially the form thereof on file with the Secretary together with any additions thereto or changes therein deemed necessary or advisable by the Executive Director, including, without limitation, the addition to the Indenture of the final interest rate payable with respect to the Notes as contained in the Purchase Contract hereinafter approved, and execution of the Indenture shall be deemed conclusive evidence of the Agency's approval of such additions or changes. The Chairman and Secretary of the Agency are hereby authorized and directed to execute, attest and affix the seal of the Agency to the Indenture for and in the name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance of the Indenture. AGENDA ITEM iso, PAGE 3 p� .7 Section 2. Sale of Notes. The Agency hereby authorizes the sale of the Notes to the Underwriter pursuant to and in accordance with the Purchase Contract in substantially the form on file with the Secretary together with any additions thereto or changes therein approved by either the Executive Director or the Finance Officer of the Agency (or the written designee of either), whose execution thereof shall be conclusive evidence of such approval. The Agency hereby delegates to both the executive Director and the Finance Officer (and to the written designee of either) the authority to accept an offer from the Underwriter to purchase the Notes from the Authority and to execute the Purchase Contract for and in the name and on behalf of the Agency; provided, however, that the stated interest rate payable with respect to the Notes shall not exceed ten and one-half percent (10.5%) per annum and the purchase price paid by the Underwriter for the purchase of Notes shall be not less than ninety-eight percent (98%) of the par amount thereof, excluding any original issue discount on the Notes. Section 3. Official Statement. The Agency hereby approves the preliminary Official Statement describing the Notes, in substantially the form on file with the Secretary, together with any changes therein or additions thereto necessary or convenient to cause the preliminary Official Statement to describe accurately matters pertaining to the Notes. The Underwriter is hereby authorized to distribute the preliminary Official Statement in connection with the marketing of the Notes. The Chairman (or his written designee) is hereby authorized and directed to approve any changes in or additions to the final form of such Official Statement as the Chairman (or his written designee) shall deem advisable to cause the final Official Statement to describe accurately the Notes and matters contained in the Purchase Contract, the Indenture and the related proceedings and actions and to execute (or to cause to be so executed by his written designee) said final Official Statement for and in the name and on behalf of the Agency. AGENDA iTEM NO. �a�� PAGE �1� p= Section 4. Official Action. All actions heretofore taken by the officers and agents of the Agency with respect to the issuance of the Notes are hereby approved, confirmed and ratified. The Chairman, the Executive Director and the Secretary -Treasurer, the Finance Officer and the General Counsel of the Agency and any and all other officers of the Agency are hereby authorized and directed, for and in the name and on behalf of the Agency, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements (including but not limited to an agreement for investment of the proceeds of the Notes), notices, consents, instruments of conveyance, warrants and other documents, which they or any of them, may deem necessary or advisable in order to consummate the sale, issuance and delivery of the Notes to the Underwriter pursuant to the documents approved herein. Section 5. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof. PASSED APPROVED AND ADOPTED this 13th day of February, 1990, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTENTIONS: BOARDMEMBERS: GARY M. WASHBURN, CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE ATTEST: RON MOLENDYK, SECRETARY APPROVED AS TO FORM AND LEGALITY: JOHN HARPER, LEGAL COUNSEL �+ AGENDA ITEM NO. - �' ice" • PAGE OF� REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13, 1989 SUBJECT: Bond Underwrit r Bond C unsel PREPARED BY: `��F; APPROVED BY • 's" (: 1 A";, L___1 Ray Wood, Administratz BY: Molendy , City Manager Services Director BACKGROUND With the impending growth the City is anticipating very large financing requirements over the next few years. Developers are expected to utilize various vehicles, such as Mello -Roos and special assessment districts, to finance infrastructure. The Agency anticipates use of Tax Allocation Bonds, the City may well have need to utilize certificates of participation and other debt instruments. The City and Agency have created the Lake Elsinore Public Financing Authority in order to facilitate needed financing and the Authority has appointed underwriter and Co Bond Counsel. FINDINGS It is more and more apparent that there will be many sources and types of financings occurring in the relatively immediate future. All of the public financing vehicles to be used will be City or Agency proceedings, not those of developers or others. Because of the variations and volumes of the findings it is imperative that we utilize all possible means to insure efficiency and consistency, avoid duplications of effort and maintain cost control. It is felt that working with the same underwriting firm and Bond Counsel in every situation will enhance these matters. FISCAL IMPACT There will be no fiscal impact on City funds since all related costs of underwriting and bond counsel will be absorbed by the individual debt proceedings. It is recommended that the City Council and Redevelopment Agency adopt Resolutions No . -()-- (r and No . 0--1,?, respectively appointing underwriter and Co Bond Counsel for all local obligations to be considered by the Lake Elsinore Public Financing Authority. AGENDA ITEM NO.� PAGE OF�_ RESOLUTION NO A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPOINTING AN INVESTMENT BANKING FIRM AND CO -BOND COUNSEL FIRMS FOR PURPOSES ALL BONDS AND OTHER LOCAL OBLIGATIONS OF THE CITY TO BE ACQUIRED OR OTHERWISE FINANCED BY THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY WITH PROCEEDS OF ITS BONDS AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, pursuant to Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the "Act"), the City of Lake Elsinore (the "City") and the Redevelopment Agency of the City of Lake Elsinore (the "Agency") have by Joint Exercise of Powers Agreement, dated as of July 15, 1989, as amended November 28, 1989 (the "Agreement"), created the Lake Elsinore Public Financing Authority (the "Authority") for the purposes, among other things, of assisting the City and the Agency in the financing of Public Capital Improvements as defined in and pursuant to the Marks -Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584) (the "Bond Law"); and WHEREAS, the Authority has determined to implement a program for the financing of Public Capital Improvements for and on behalf of the City and the Agency by the purchase of local obligations of the City and Agency, or otherwise as authorized by the Agreement and the Bond Law, with the proceeds of the issuance of $500,000,000 of local agency revenue bonds (the "Bonds"),, the Bonds to be issued in series and sold and delivered from time to time as funds are required for the financing of such Public Capital Improvements; and WHEREAS, the Redevelopment Agency has determined that it is in the best interests of the City, the Agency, the Authority and the general public to appoint two firms as co -bond counsel for all bonds and other local obligations of the City to be purchased or otherwise financed by the Authority with the proceeds of the Bonds; and AGENDA ITEMI N:cl. As-E— PAGE - OF: WHEREAS, such determination of the Redevelopment Agency is based on the advice of City staff to the Redevelopment Agency that the appointment of one firm as the investment banking firm and two firms as co -bond counsel for all such bonds and other local obligations will, in accordance with the purposes of the Bond Law and the Agreement, avoid duplication of effort, inefficiencies in administration, and excessive cost in the acquisition and financing of such Public Capital Improvements. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Lake Elsinore as follows: Section 1. Except as the Redevelopment Agency may hereafter order to the contrary, the investment banking firm of First California Capital Markets Group, Inc., is hereby appointed as the investment banking firm for all bonds and other local obligations of the City to be purchased or otherwise financed by the Authority with the proceeds of the Bonds and the law firms of Harper & Burns and Jones Hall Hill & White, a Professional Law Corporation, are hereby appointed as co -bond counsel for all bonds and other local obligations of the City to be purchased or otherwise financed by the Authority with the proceeds of the Bonds. Section 2. This Resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED this 13th day of February, 1990, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTENTIONS: BOARDMEMBERS: GARY M. WASHBURN, CHAIRMAN REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AGENDA ITEM NO. PAGE OF ATTEST: RON MOLENDYK, SECRETARY APPROVED AS TO FORM AND LEGALITY: JOHN HARPER, LEGAL COUNSEL s AGENDA ll r�� t•� PAGE OF REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13, 1990 SUBJECT: Tentative Tract Map 24624: Centex Homes: a request for proval of ziZ=tatiye divide 203.4 acres into 5 one open space lot of 2.3+ acrpg, and one 4.0+ acre lot for Rarklocated south of the extension of Xguntain terminus of Broadway Avenue. PREPARED BY: �� APPROVED BY Ah G Thornhill Daveferman Planning Manage Comm.. Dir. APPROVED BY: �� Ron Mo endyk City M nager BACKGROUND The Planning Commission, on January 17, 1990, on a 4-0 vote, recommended approval of the request. There was a substantial amount of discussion relative to the dedication of an all purpose trail proposed along "I" Street. The Commission recommended adoption of Condition 50 as follows: Condition No. 50: All attempts will be made to dedicate area sufficient to coincide with the County's trail system, at the beginning of the terminus to match as closely as possible with that trail system. A final design and required dedication to be directed by the Community Development Director and if he is unable to do it then is shall come back to the Commission. Since the Commission hearing on this matter, staff and the applicant met to discuss the proposed street and trail sections, and conclude that the trail should be located within the 80 (eighty) foot street section. Further, it is proposed that the recreation trail be 10 (ten) feet in width (5 (five) feet for bikepath, 5 (five) feet for sidewalk), divided by a white painted stripe, and composed of 2 (two) inches of asphalt base (see attached Exhibit B). There also were numerous changes in conditions, as reflected in the Planning Commission minutes. The most substantial change was to Condition No. 30, requiring "I" Street to have an 80 (eighty) foot, rather than a 75 (seventy-five) foot right-of-way. The City Council, on December 12, 1989, approved a General Plan Amendment from Specific Plan/Floodway/Floodplain to Low Density Residential for this site. DISCUSSION This property is located within the West Lake Elsinore Assessment District. The Environmental Impacts associated with the project, as well as the district itself, were /AGENDA ITEM f0, Page 2 February 13, 1990 Subject: Tentative Tract Map 24624 Centex Homes analyzed under EIR 88-2, which was certified by the Council on December 12, 1989. Staff and the applicants have met several times to address issues of density, traffic circulation, buffering of adjacent residential lots, and park land issues. The most current revision, in staff's opinion, addresses the above referenced concerns, and is compatible with surrounding properties. The project density is 2.9 units/acre, Lincoln ("I" Street on the map), is now four lanes, and approximately 4.0 acres of land adjacent to the school site will be dedicated for park purposes. RECOMMENDATION It is recommended that the City Council re -affirm Environmental Impact Report 88-2 and approve Tentative Tract Map 24624 base on the findings listed, and subject to the attached Conditions of Approval. It is recommended that the Redevelopment Agency concur with City Council action. Findings 1. The Tentative Tract Map complies with Goals, Policies and Objectives of the City's General Plan and Zoning Ordinance. 2. The project, as conditioned, complies with the City's Subdivision Standards and the State Subdivision Map Act. 3. Environmental Impact Report No. 88-2 previously certified by the City Council, has satisfactorily addressed anticipated environmental impacts of this Tentative Tract Map. 4. The project, as conditioned, will be compatible with existing and proposed development in the immediate area and will have minimal adverse impacts on abutting properties. 5. The proposed Tentative Tract Map, as conditioned, includes a number of public benefits, including drainage and flood control improvements, a public park site, an open space dedication, a bike trail and transportation and circulation improvements. AGENDA ITEM NO. . PAGE, OF_ REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13, 1990 SUBJECT: Commercial Project 89-8: KrouseBuilders;_ a re est for a 7,250 square foot commercial building on .344 gross acres, located at the northeast corner of Scrivener Street and Graham Avenue. PREPARED BY: Mark Rhoades APPROVED BY: Mark Rhoades DaveJFrman Planning Consultant Comm. Dir. APPROVED BY: BACKGROUND Ron Molendyk City Manager This project received Planning Commission approval on January 17, 1990. There was no Commission discussion and the project was approved unanimously. DISCUSSION The proposed building will be accent bands, and black window square foot two level structure office spaces. Parking will structure and is adequate in and screening is sufficient RECOMMENDATION off-white stucco with two blue frames. The proposed 7,250 will be divided into nine (9) be underneath the office number of spaces. Landscaping as proposed. It is recommended that City Council adopt Negative Declaration 89-53, and approve Commercial Project 89-8, based on the Findings and subject to the attached 56 Conditions of Approval. It is recommended that the Redevelopment Agency concur with City Council action. Findings 1. Subject to the attached conditions, the proposed project is not anticipated to result in any :significant adverse environmental impact. 2. The project, as approved, complies with the Goals and Objectives of the General Plan and the Neighborhood Commercial Zoning District. 3. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with Objectives of Chapter 17.82.060 and the Planning District in which it is located. AGENDA ITEIM t:0. �'- MGE _ OF�_ REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13 1990 SUBJECT: Industrial Project 89-8: Paul Carrara; a request to construct an 18,255 square foot industrial �."uilding on a one aci:e J. 1(1CaLi- approximately 135 feet south of Minthorn Street, east of Third Street. fP PREPARED BY: I .0WPlan APPROVED BY: /(!�L a rielle Dave derman Associate Comm. Lpev. Dir. APPROVED BY: BACKGROUND Ron Molendyk City Manager At the meeting of January 17, 1990, the Planning Commission recommended approval of Industrial Project 89-8 by a 4-0 vote, Commissioner Brinley absent (minutes and staff report attached). DISCUSSION The Planning Commission recommended project approval without any project concerns. The project was conditioned by staff to insure setback landscaping. The proposed building is a tilt -up concrete building with glass store front entries and front loading doors. The building finish includes trimmed loading doors, a recessed maroon accent trim, turquoise aluminum storefronts and a glass corner entry. The site is located 135 feet south of Minthorn, east of Third Street. RECOMMENDATION It is recommended that City Council adopt Negative Declaration 89-38, and approve Industrial Project 89-8, based on the Findings and subject to the attached 45 Conditions of Approval. It is recommended that the Redevelopment Agency concur with City Council action. Findings 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. If the attached conditions are met, the project will meet the design directives of Chapters 17.56, 17.38 and 17.82 of the Municipal Code. 3. If the attached conditions are met, the project will meet all requirements and standards of the Municipal Code. AGENDA ITEM NO. PAGE„ OF. �,_,� REPORT TO REDEVELOPMENT AGENCY DATE: February 13, 1990 SUBJECT: Arvida Agreement Prepared by: (�' L �"' Ron Molendyk, Executive Director BACKGROUND As directed by the Redevelopment Agency Chairman and Board, the Agency Legal Counsel, Arvida's Attorney and representatives have met to develop the attached final agreement. RECOMMENDATION Authorize the Redevelopment Agency Chairman to sign the agreement on behalf of the Agency. AWJOA ITEM NO. PACE 0F_� EXCLUSIVE PLANNING AND NEGOTIATING AGREEMENT BY AND AMONG THE CITY OF LAKE ELSINORE, THE LAKE ELSINORE REDEVELOPMENT AGENCY AND ARVIDA CONpANY This Exclusive Planning and Negotiating Agreement ("Agreement") is made and entered into this day of 1990, by and among the CITY OF LAKE ELSINORE, a Municipal corporation ("City"), the LAKE ELSINORE REDEVELOPMENT AGENCY, a public body ("Agency"), and ARVIDA COMPANY, an Illinois corporation ("Arvida"). R&Q-11eLS A. In furtherance of the objectives of the Community Redevelopment Law of the State Of California (Health and Safety Code SS 31000 2-t meq.), Agency and City are desirous of encouraging economic growth within the Lake Elsinore community and the redevelopment of certain parcels of land located within the City's Redevelopment Project Area III (Rancho Laguna), as shown on Exhibit "A" attached hereto. $. Agency has solicited requests for proposals for the financing and Construction of the East End Development Project within a designated area (the "Project Area") of Redevelopment Project Area SII (Rancho Laguna) (the "Project") as delineated on Exhibit "A" hereto, and Agency and City have completed a comprehensive analysis of the proposals received. Having considered criteria including the quality of the proposed Project, prior projects emphasizing water and recreation interface previously constructed by Arvida and Arvida's demonstrated financial capability to perform the Priject, Agency and City have selected Arvida for implementation of the Project, as set forth in the proposal submitted by Arvida, attached hereto as Exhibit "B" (the "Concept Plan"). C. Arvida desires to assist City and Agency in meeting their goals by undertaking a Comprehensive planning and development effort to implement the Project, and working with existing Property owners, residents and business owners within the Project Area. D. Implementation of the Project is predicated on the establishment and execution of a Disposition and Develew:nent Agreement ("DDA") by and between Arvida and Agency which responds to the financial realities, acquisition constraints, relocation obligations, marketing Conditions and various community goals associated with the Project. Arvida 02/05/90 zo'd 6ZZ0SbSvZL 113SX0NWd3NHino'NdWdSS0N SOILS 0665/90/z0 AGENDA ITNO. — I` & A ` P G'E 0 ` � - and Agency desire to enter into this agreement to set forth their intention to cooperate in undertaking the necessary detailed planning work which will allow for thorough assessment of the economic feasibility of implementing the Project in accordance with the Concept Plan, and to attempt in good faith to negotiate and execute an acceptable DDA within the time frame established by the schedule of activities reflected herein. It is the intent of this Agreement to provide a period Of time during which Agency will work exclusively with Arvida in making the appropriate assessments and preparing the necessary plans and implementation documents, including a DDA, E. Agency has heretofore entered into a Planning and Negotiating Agreement for the Project dated February 23, 1988, with Lake Elsinore Associates, Ian entity formed by Russell W. Grosse.Development Co., Inc. ("Grosse")] (the "LEA Agreement"). Agency has warranted to Arvida that by its terms, the LEA Agreement has expired. F. Agency also heretofore entered into an option Agreement dated September 13, 1988, by and between Agency and Mr. and Mrs, Peter Lehr (the "Lehr Option Agreement") whereby Agency acquired the exclusive right to purchase certain real property located within the Project Area (the "Lehr Property"). Acquisition of the Lehr Property by Agency, and its development by Arvida, is central to the Concept Plan for the Project, G. Grosse disputes whether the LEA Agreement has expired, and Grosse has filed an action in the Superior Court of the State of California, Riverside County, identified as Case No. 200757, wherein Grosse maintains that it and/or Lake Elsinore Associates is entitled to be the Project's master developer. Grosse also asserts that Agency has effectively assigned its rights under the Lehr Option Agreement to Grosse. Grasse further maintains that it has assigned all or a portion Of its rights, if any, under the Lehr Option Agreement to a third party or partners. Grosse's claims under the LEA Agreement and the Lehr Option are hereinafter referred to as the "Grosse claims". H. Arvida is entering into this Agreement in reliance upon City's and Agency's assurances that the Grosse Claims are non -meritorious. Because of the significant costs which must be incurred by Arvida in commencing imPlementation of the Project, and the potential for Arvida's exposure to loss or liability with respect to the Grosse claims, City, Agency and Arvida also wish to enter into this Agreement to set forth City's and Agency's responsibilities to obtain final and satisfactory resolution of the Grosse Claims prior to execution of the DDA, and to defend and indemnify Arvida from and against 02/05/90 170'd 82Z0SVGVTL 1138XONA'213NHino'NdWUSSON SO:Lti 066ii90/Z0 AGENDA ITEM NO. • PAGE OF any and all losses or liabilities which Arvida may incur with respect to, or resulting from, the same. NOW. THEREFORE, in consideration of the premises stated above, the covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1. ('onceot Plan, 1.1 Aa_encyA'pozoval of CQmceps- Flan. Concurrently with the execution of this Agreement, Agency has approved the Concept Plan as generally depicted on Exhibit "B" hereto. 1.2 Refinement�._.9f C09E!P4- PlarJ, nJ/ eTn,m nt of a l LLIUY udv. Arvida will, upon the execution of this Agreement, commence its investigation of the Project with a view to refining the Concept Plan and providing a more detailed analysis of site usage within the Project Area. This investigation shall include review of the Concept Plan with appropriate governmental agencies, design and engineering professionals. It shall include review of the Concept Plan with, among others, the United States Army Corps of Engineers, the Santa Ana Watershed Project Authority, the California Department of Fish and Game and the East Elsinore Municipal Water District. To assist Arvida's efforts, Agency and City shall provide to Arvida any and all studies, reports and other documents previously prepared by Agency, City or any other third parties relating to the Project. Such materials shall be delivered. to Arvida not later than thirty (30) days following execution of this Agreement. To the extent that Agency, City or any third parties prepare, cause to be prepared or receive any follow-up information, studies, reports or documentation related to the Project, Agency and City shall immediately provide to Arvida copies of any such follow-up materials. Furthermore, if requested by Arvida, Agency and City shall make available to Arvida, to the extent they are in possession of the same, any other information or documentation that Arvida from time to time may deem relevant. 1.3 -e liv rp. to vi Prior to the execution of a DDA, Agency shall provide Arvida with an initial assessment of: (a) the feasibility of vacating the required public rights-of-way and serving the Project Area with the necessary public utilities; (b) Agency's relocation obligations associated with implementation of the Project; and (c) the feasibility of obtaining commitments from the Santa Ana Watershed Project Authority and other governmental Agencies having jurisdiction over flood plain matters which will -3" 02/05/90 S0'd 8ZZ0SbSVTL 1_13'3X0NA'63NH.!no'NdWdSS0N 90:LT 066T/90/Z0 AGENDA ITEM NO. PAGE OF=y- establish Agency and City authority over ultimate flood plain development plans. 2• C?t , antatinns_. Warrant'es a Acl CY, City and Agency hereby represent and warrant to Arvida that -he Grosse Claims as described in the Recitals herein are non -meritorious and unenforceable, that City and Agency have the legal authority to designate Arvida as the Project's master developer, that the LEA Agreement has expired, that the Lehr Option Agreement as described in the Recitals herein has not been assigned, in full or in part, to Grosse, or any Other entity or person, and, in fact, has been partially exercised by Agency, and that City and Agency have the legal, capacity and right to carry out the terms of this Agreement and all Agreements contemplated hereby. 2.2 aI i v - ant. City and Agency shall use their best efforts to fully defend the litigation involving the Grosse Claims, and to -fully and finally resolve the same so as to ensure the legal and exclusive ability of Arvida to be the Project's master developer. 2.3 Evaluation of r1ro� z1aims. Upon the execution of this Agreement, but in no event more than fifteen (15) days from the execution date of this Agreement, City and Agency shall deliver to Arvida all documents, including but not limited to contracts, correspondence, and the like which form the basis of the Grosse Claims under the Lehr Option Agreement and LEA Agreement so as to permit the independent review of same by counsel for Arvida. 2.3.1 D 'veru f on During the term hereof, City and Agency shall also provide to Arvida copies of any and all documentation pertaining to litigation of the Grosse Claims which may be received by City and./or Agency during the pendency of such litigation promptly upon City's and/or Agency's receipt of the same, and any other documentation which may be received by City and/or Agency concerning the ability of City and/or Agency to perform their respective obligations hereunder. 2.3.2 esodic „Qt�t1I Report . From time to time during the pendency of their litigation of the Grosse $Claims, but not less frequently than weekly, 6n Monday of each week, City and Agency shall provide Arvida weth`a detailed assessment of the status of such litigation. `4- 02/05/90 90'd GZZOSPSVIL 113SXON>1'd3NHinr-i'tJbWtdSSON LO:LT 066I/90/ZO AGENDA ITEM NO. g.A* PAGE OF at any time during the pendency of City's and Agency's litigation of the Grosse Claims (including any appeals thereof), Arvida determines for any reason whatsoever, in its sole discretion, that such litigation renders undesirable to Arvida its continuing performance hereunder, Arvida may terminate this Agreement by delivery of written notice of such termination to City and Agency. In the event that Arvida delivers notice of its election to terminate this Agreement pursuant to this paragraph 2.4 to City and Agency, this Agreement shall immediately terminate, and, exeept for the obligations set forth in Section 6 below, Arvida, City and Agency shall have no further obligations hereunder, except for City's and Agency's indemnification obligations set forth in Section 12 hereof, which obligations shall continue for a period of ten (14) years from the date of termination of this Agreement, 3. Obligati n t 1]eZ'ver Ti�1e. Upon final conclusion of litigation of the Crosse Claims, [including the exp' -ration of any appeals period with respect thereto,] Agency shall deliver to Arvida evidence satisfactory to Arvida that Agency shall be able to obtain "Insurable Title" to the Lehr Property. For purposes of this Agreement, the term "Insurable Title" to a parcel of land shall mean the acquisition of a fee simple interest in such parcel, or an insurable possessory interest in such parcel, followed by acquisition of tee simple title . Upon final conclusion of litigation of the Grosse claims, [including the expiration of any appeals period with respect thereto,] Agency and/or City shall deliver to Arvida evidence satisfactory to Arvida that City and Agency have no continuing obligations under the LEA Agreement and that neither Lake Elsinore Associates nor Crosse, nor any other party(ies), are entitled to be master developer of the Project except as designated by the City and/or Agency. 4. rrt t a ' 4.1. Pre aro ion r l m n i S at a nd Pr Pr o m Within one hundred eighty (180) days from the execution of this Agreement, Arvida will provide Agency and City with an analysis of the financial feasibility of the Project, and will prepare an implementation strategy which will address the identified challenges and obligations associated with the Project and will include among other things a Project Pro forma and feasibility study (the "Implementa-ion Strategy"). A specific schedule of tasks necessary to prepare the ImPlementation Strategy is attached hereto as Exhibit and made a part hereof. -5' 02/05/90 210'd eZZ0SV9VTL 113TX0NA'd3NHino'NdwdSS0N LO:LT 066T/90/ZO AGENDA ITEM NO. PAGE % OF 4.2. A9_enQV Approv l Y 1e nt i n-5 tr Q Arvida shall deliver the Implementation Strategy to Agency for Agency's review and written approval. Agency shall either approve or reject in writing the Implementation Strategy within sixty (60) days of receipt thereof. If Agency rejects the Implementation Strategy it shall do so in writing specifying the defects, whereupon Agency and Arvida shall in good faith attempt to resolve all defects so as to arrive at a mutually acceptable Implementation Strategy. If a mutually acceptable Implementation Strategy cannot be agreed upon within thirty (30) days after rejection by Agency, then at the option of either party, this Agreement may be terminated. 5.1 Juego a i z INV-,%. Upon receipt of appraisals all property located within the Project Area, Arvida and Agency will reassess project costs and attempt to negotiate a mutually acceptable DDA. Agency understands and agrees that the ability to negotiate an acceptable DDA necessarily requires substantial completion of the refinement to the Concept Plan and development of the Implementation Strategy. 5.2 Ex iv e a n Notwithstanding the foregoing, Agency and Arvida shall negotiate the terms of the DDA in good faith for a period not to exceed one hundred eighty (180) days from the execution date of this Agreement, unless extended by mutual written agreement of Agency and Arvida (the "Exclusive Negotiating Period ). Agencv agrees that unless this Agreement is sooner terminated, during the Exclusive Negotiating Period, Agency shall not negotiate with any other person or entity. 6. Termi ati of r P .o Arvi[8 _.4XJ_Koduct 6.1 Termines r� Q f AgZogmQnt . This Agreement shall terminate on the next day following the last day of the Exclusive Negotiating Period, unless extended by mutual written agreement of the parties, or earlier terminated by Agency or Arvida, either pursuant to subsection 2.4 hereof, or as follow$: 6.1.1 A c and Ci Q ion t 7�errrjLate. In the event that Arvida fails, in a timely manner, to carry out the obligations identified herein, and as set forth in Exhibit "C" hereto, then Agency or City may, at thein option, and upon written notice to Arvida, terminate this Agreement. This shall be the only ground upon which Agency and C'tY may terminate this Agreement. If so terminated, no party shall have any continuing obligation or liability hereunder to the others, except for City's and Agency's indemnification -6- 02/05/90 `• 80'd ezzosysvTL i73'8X0NA'63NHin9'NdWt'SS0N 80:LT 066T/9020 AGENDA ITEM NO..[�. PAGE OF obligations set forth in Section 12 hereof, which obligations shall survive for a period of ten (10) years following termination of this Agreement, and City's and Agency's obligation to purchase Arvida's work product, as set forth in subsection 6.1.3 below. 6.1.2 `' r the event that (a) City and/or Agency In failin a timely manner, to carry out their respective obligations, identified herein, or (b) Arvida determines pursuant to Section 2.4 hereof, that the litigation of the Grosse claims is not proceeding to Arvida's satisfaction and renders Arvida's continued performance hereunder undesirable to Arvida in its sole discretion, then Arvida may, at its option, and upon written notice to City and Agency, terminate this Agreement, and if so terminated, no Party hereto shall have any Continuing obligations or liability to the other except for City's and Agency's indemnification obligations set forth in Section 12 hereof, which obligations shall continue for a period of ten (10) years from the date of termination of this Agreement. 6.1.3 i A -- ' i ion P r a Arvi ' TAT rk d T in *i Upon to termination of this Agreement pursuant to subsection 2.4 or paragraphs 6.1.1 or 6.1.2 hereof, City and Agency shall purchase from Arvida, and Arvida shall immediately deliver to City and Agency, all information, studies, maps, reports, analyses and the like which Arvida has theretofore prepared, or caused to be prepared, in connection with performance of Arvida's obligations set forth in Sections 1, 3 and 4 hereof. The purchase price for such information, studies, reports, analyses and the like, which shall be paid to Arvida by City and Agency within thirty (30) days following Arvida's submittal of an invoice therefore, shall be an amount equal to the lesser Of (i) the sum of all attorneys' fees, consultants' fees (including, but not limited to, engineering consultants, financial consultants, accountants, surveyors, land planners, appraisers, environmental consultants and the like) and any and all similar Mees and costs incurred by Arvida in connection with the performance of its obligations hereunder from January 1, 1990 until the date of Arvida's notice of its election to terminate this Agreement, plus any such costs incurred by Arvida in connection with negotiation of the DDA, or (ii) Three Hundred Thousand Dollars ($300,000.00). 7. LimitatiQn5 of A, re nle= 7.1 E n on i Arvida, Agency and City understand and agree that no party is obligated to extend the term of this Agreement or to enter into any DDA. Notwithstanding the foregoing, Agency, City and Arvida shall -7- 02/05/90 60'd 9ZZ0GVGVTL i73TX0NA'N3NHin9'NHWdSS0N 60:LT 066S/90/Z0 AGENDAITEM 0. PAGE OF negotiate in good faith with respect to a DDA for the Project Area and shall consider reasonable requests to extend negotiations in the event that all parties have proceeded diligently hereunder. In the event of termination or expiration of this Agreement, Agency shall be free at its option to negotiate with any persons or entities with respect to the redevelopment of all or any portion of the Project Area. Arvida SpeCifically acknowledges that this Agreement creates no interest or right in the Project Area (or any portion thereof), other than those parcels which may be owned or controlled by Arvida and Arvida hereby waives any rights to claim such other interest as a result hereof. Except as otherwise provided in Sections 2 and 6 hereof, this Agreement may be extended or terminated by mutual written agreement of the parties. S. r hi f R Arvida agrees and acknowledges that the reports provided by Arvida to Agency, either in the course of Arvida`s performance hereunder or as a result -of termination of this Agreement and the purchase of the same by City and Agency as provided in paragraph 6.1.3 of this Agreemen!_--, may be used by City and Agency in their sole discretion; provided however, that as and to the extent city and/or Agency or any unrelated third party utilizes any reports or data generated by Arvida or its consultants it does so without warranty or representation and at its sole risk. Should this Agreement be terminated as provided herein, Arvida shall return to City and Agency respectively any materials provided to Arvida by City and/or Agency, 9. Pr4hQition Ag�inst Dis _rimi nat-; on, Arvida agrees that there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, race, color, age, marital status, religion, creed, national origin or ancestry in the sale, lease, sublease or transfer, use, occupancy, tenure or enjoyment of the Project Area, nor shall any transferee establish or permit any such practice or practices of discrimination with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of any of the land within the Project Area. 10. Successors and Assigns. Except as set forth herein, this Agreement shall not be assigned by Arvida without prior written approval of Agency and City, which Agency and City may grant or refuse at their sole option. Notwithstanding the foregoing, Arvida may assign and transfer its rights and obligations (upon which assignment Arvida will have no further liability or responsibility related to or arising out of this Agreement) to any corporation, partnership, or other entity owned or controlled by, or under common control with, Arvida or -B- 02/05/90 0T'd 8ZZ0SbSVTL 113SX0NA`d3NHino`NUWUSS0N 60:Li 066T/90/Z0 AGENDA ITEM NO. � Al - ACBE OF� JMB Realty Corporation {"JMB"}, a Delaware corporation {any of the foregoing, being collectively referred to herein as a "JMB" Affiliate"}. For purposes Of this paragraph, control of a specified person or entity (including the correlative terms "controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the Specified person or entity, whether through ownership of voting securities, by contract or otherwise. For purposes of applying this definition. M the managing partner of a general or limited partnership will be deemed to be in control thereof provided such managing partner possesses the power to direct or cause the direction of the management and policies of the partnership, and (ii) an entity will be deemed controlled by JMB Or a JMB Affiliate if a majority of the trustees, directora or persons in similar capacities which direct or cause the direction of the management and policies of such entity are at all times officers, directors, shareholders, employees or individuals acting in similar capacities with JMB or a JMB Affiliate or an entity controlled by or under common control with JMB or a JME Affiliate. 11. Arv' 's RmitVr en Em eeArvida's principals, associates, partners, joint venvurers, negotiators, development managers, consultants, attorneys, professionals and employees shall not be deemed employees of City and/or Agency for any purpose, 12. City's and AQe y' s Innem:3� f i iQ~n O 1 gat ions, City and Agency agree to indemnify, defend and hold Arvida harmless of and from any and all claims, demands, damages, losses, liabilities, causes of action, costs or expenses (including attorneys' fees) arising out of any act or omission Of the City and/or Agency occurring with respect to the Project Prior to the execution of the DDA. City and Agency shall also indemnify, defend and hold Arvida, its agents and employees, harmless of and from any and all claims, demands, damages, losses, liabilities, causes of action, costs or expenses (including reasonable attorneys' fees), directly or indirectly arising in connection with breach of City's and Agency's covenants, representations and warranties with respect to the Grosse Claims and the LEA Agreement and Lehr Option Agreement as identified in the Recitals and in Section 2 hereof, 13. TMiscei_1_pnecus. 13.1ttorn an h r Should any party institute any action or proceeding to enforce or interpret this Agreement or any provision hereof, for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in ..9_ 02/05/90 IT Id BZZOSVSVU i13'3X0NA'N3NHino'NUWNSS0N OT:LZ 066Zi90/ZO AWNDA ITEM NO. A 45 PAGE.�,O OF �, any such action or proceeding shall be entitled to receive from the other party all casts and expenses, including actual attorneys' and other fees, reasonably incurred in good faith by the Prevailing party ir. connection with such action or proceeding. The term "attorneys' and other fees" shall mean and include attorneys' fees, accountants' fees and any and all other similar fees and costs incurred in connection with the action or proceeding and preparations therefor. The term "action cr proceeding" shall mean and include actions, Proceedings, suits, arbitra- ons, appeals and other similar proceedings. 13.2 N4taces. Any notice, demand, request, covenant, approval or other communiCBtion to be given by one Party to the other shall be in writing (unless some other form of notice is specifically provided for herein) and given by Personal service, telegram, or Express Mail, Federal Express, DHT, or any other similar form of airborne/overnight delivery service, or mailing in the United States Mail, Certified and Return -Receipt Requested, and addressed to the parties at their respective addresses as follows: If to Citys City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92330 Attn: Ron Molendyk, City Manager If to Agency: Lake Elsinore Redevelopment Agency 130 South Main Street Lake Elsinore, California 92330 Attn: Ron Moiendyk, Executive Director If to Developer: Arvida Company c/o Coto de Caza One Coto de Caza Drive Coto de Caza, California 92679 Attn: John Yelverton, vice President with a copy to: Nossaman, Guthner, Knox & Elliott 650 Town Center Drive Suite 1250 Costa Mesa, California 92626-1981 Attn: Gregory W. Sanders, Esq. -and- -10- 02/05/90 7-T "d 82Z0StrSbSL i73'8X0N71`d3NHin9'1AUWUSS0N titi:L-� 066T/90/EO AGENDA ITEM Nu. 5-A - PAGE L I OF Arvida Company 7900 Glades Road P. O. Boa 100 Boca Raton, Florida 33429 Attention: Ted R. Brown, Vice President General Counsel Any such notice shall be deemed to have been given upon delivery. Any party may change the address at which it desires to receive notice upon giving written notice of such request to the other parties. 14•TIME IS OF THE ESSENCE OF THIS EM AGREENT AND EACH AND EVERY TZRM AND PROVISION HEREOF. 15. Waiver or Modification. A modification of any Provision herein contained, or any other amendment to this Agreement, shall be effective only if the modification or amendment is in writing and signed by the party to be burdened thereby. No waiver by any party hereto of any breach or default shall be considered to be a waiver of any other breach or default. The waiver of any condition shall not constitute a waiver of any breach or default with respect to any covenant, representation or warranty. 16. SucresSor _ D Assigns • Su.IYx�a�l . Subject to the limitation set forth in section 10 hereof, this Agreement shall inure to the benefit of and be binding upon, the parties hereto and their respective heirs, successors and assigns. All covenants, representations and warranties contained herein shall survive this Agreement. 17. Number and Gender. As used in this Agreement, the neuterincludes the masculine and feminine and the singular includes the plural. 18. Days. The term "days" as used herein, shall mean actual days occurring, including Saturdays, Sundays and holidays. The term "business days" shall mean days other than Saturdays, Sundays and holidays. If any item must be accomplished or delivered hereunder on a date that is not a business day, it shall be deemed to have been timely accomplished or delivered if accomplished or delivered on the next following business clay. 19. QQDgtruction. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the parties and are not a part of this Agreement. All exhibits attached hereto are hereby incorporated herein by this reference. Unless otherwise indicated, all references herein -11- 02/05/90" ET'd 8Z20SVSVTL 113'8X0NA `a3NHino °NdWUSSON TT:LT 066T/90i20 I AGENDA ITEM Ni L RAGE 0� ATTEST: Agency Clerk APPROVED AS TO FORM: Agency Counsel BRADY:14a LAKE ELSINORE REDEVELOPMET AGENCY, a public body By: ARVIDA COMPANY, an Illinoig corporation By: _-._ John Yelverton, Vice President -13- 02/05/90 ST 'd 82E0GVGVTL i13TX0N> 83NH.Ln9 `NUWUSSON ZT :LT 066T/90/Z0 AGENDA l3El�; �. 0 PAGE. C� to paragraphs and subparagraphs are references to those in this Agreement. Any reference to a paragraph includes all subparagraphs thereof. 20. Gaza ion,Qf Other Aar fie. This Agreement supersedes all ,. vious contracts, Correspondence and documentation relating to the Project. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 21.Ppate Origin. This Agreement may be executed in any number of duplicate originals, all of which shall be of equal legal force and effect. 22. PTan-Wai;„v_er o—Rights. No failure or delay of any Party in the exercise of any right given to such party hereunder shall constitute a waiver thereof unless the time specified herein for exercise of such right has expired, nor shall any single or partial exercise of any right preclude other or further exercise thereof or of any other right. IN WITNESS WHEREOF, City, Agency and Developer have executed this Agreement as of the dates set forth below. CITY OF LAKE ELSINORE, a municipal corporation ATTEST: City Clerk APPROVED AS TO FORM: City Attorney By: -12- 02/0%90 171 'd SMOSPSVIL 11MX0NA' d3NHin9't-1UWUSSON ZI : LS 066ti90/Z0 AGENDA STEM NQ,—Si PAGEOF L