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HomeMy WebLinkAboutCity Council Agenda Packet 03-13-19901. 2. 3. 4. 5. 6. 7. La k e' Elsinore City Council Agenda 545 CHANEY STREET - LAKE ELSINORE SCHOOL DISTRICT BOARD ROOM TUESDAY, MARCH 13, 1990 - 7:00 P.M. POLICY OF THE CITY COUNCIL: "Only those items filed with the City Clerk's Office by Noon, luesday, prior to the 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 - R.O.T.C. CONSENT CALENDAR Minutes a. February 27, 1990 - Regular City Council Meeting. b. February 21, 1990 - Planning Commission Meeting. Building Activity Report -- February, 1990. Code Enforcement Activity Report - February, 1990. Structure Abatement Activity Report - February, 1990. Investment Report - February, 1990. Warrant List - February 28, 1990. Application to submit Late Claim received on behalf of Ann Valles/Robert Dillon (CL # 90-5). Resolution No. 90-10 Establishing a Disadvantaged Business Enterprise (DBE) Program. Approval of New Riverside County Solid Waste Management Advisory Council. Notice of Completion - Lake Community Center Project. Notice of Completion - Machado Street Widening II Project (32172 Machado). Approve. Rec. & File. Rec. & File. Rec. & File. Rec. & File. Rec. & File. Ratify. Rej. & Ref. Adopt Res. No. 90-10. Approve Accept. Notice. Accept Notice. PAGE TWO - CITY COUNCIL AGENDA - MARCH 13, 1990 12. Notice of Completion - Machado Street Landscaping Project. 13. Acceptance of Hold Harmless Agreement - 16900 Wells Avenue. 14. Acceptance of Grant Deeds for the Purpose of Street Right -of -Way Dedications - 780 & 790 Acacia. 15. 16. 17. Final Approval of Tract Maps 24138, 24139 and 24215 - North of Grand Avenue, West of Corydon between Ontario Way and Skylark Drive. Acceptance of Quitclaim Deeds for Water Rights - 780 & 790 Acacia and Industrial Project 89-9. Set Public Hearing date of March 27, 1990 for the following: a. Zone Code Amendment 89-3 - City of Lake Elsinore at the Rist of Deleo Clav Tile. A request to amend the Parking Ordinance, Chapter 17.66.030.0 of the Lake Elsinore Municipal Code, to allow flexibility and/or reduce parking requirements for single manufacturing enterprises. This amendment will affect parking requirements for all future industrial/manufacturing development applications. b. Zone Chancre 90-1 - Macleod Development Company. A request to change the zoning from C-1 (PUD) and R-3 (PUD) (Neighborhood Commercial -Planned Unit Development Overlay and High Density Resi- dential District -Planned Unit Development) to R-1 (Single -Family Residential District - Hillside Planned Development Overlay for a 46 gross. acre site. The proposal is to bring the zoning into conformance with the General Plan designation, which is required under State Law, Government Code Section 65860. The proposed Zone Change is related to, and on the same site as approved Tract 19358 and Residential Project 89-11. The above site is located south of Grand Avenue, 865 feet east of Ortega_Highway and 1,065 feet west of Blanche Drive. c. Tentative Tract Map 24490 - Jones & Tomich. A -request to subdivide 7.6 net acres into 35 R-1 (Single Family Residential District) lots. The project is Icoated approximately 1,500 feet west of Shirley Drive, south of Washington Avenue, east of Michigan Street. d. General Plan Amendment 89-9; Zone Chancre 89-10; Variance 90-1; Tentative Parcel Man 25106 and Commercial Project 89-6 - Tomislav Gabric & Associates. The proposed project consists of approximately seven (7) acres of land lying on the south side of Parkway Avenue, north side of Lakeshore Drive, west side of 6th Avenue and east side of 7th Avenue. Accept Notice. Accept Agreement. Accept Deeds. Approve Staff Recomm. Accept Deeds. Approve Hearing Date. Approve Hearing Date. Approve Hearing Date. Approve Hearing Date. 31. PAGE THREE - CITY COUNCIL AGENDA - MARCH 13, 1990 e. General Plan Amendment 89-10 and Zone Change 89-14 - TMP Investments. A request to amend the General Plan Land Use Map to include the site designation of Low Density Residential (0-6.9 d.u./acre); to consider the pre -zoning of the site to Low Density Residential. The project consists of 36.79 acres of land, lying south of Scenic Crest Drive, west of Greenwald Avenue, north of -the current City boundary. f. General Plan Amendment 89-15 and Zone Change 89-17 - Brookstone Development, Inc. A proposal for a General Plan Amendment to designate 15.29 acres on the northeast corner of Silver and Flint Streets as limited Industrial Land Use, from Environmental Sensitive; to consider a Zone Change request from R-1 to M-1. g. General Plan Amendment 90-1 and Zone Change 90-2 - Hunsaker & Associates. A request to amend the General Plan Land Use Map from Neighborhood Commercial to High . Density Residential; to consider a Zone Change request from C-1 (Neighborhood Commercial and C -P (Commercial Park) to R-3 (High Density Residential), on a 6.042 acre parcel. h. General Plan Amendment 90-2 - Jones/Tomich. A request to amend the General Plan designation from Floodplain/Floodway to Low Density Residential, for a 7.6 net acre site, located approximately 1,500 feet west of Shirley Drive, south of Washington Avenue, east of Michga Street. The proposal is related to Tentative Tract Map 24490, a proposal to create 35 R-1 (Low Density Residential) lots. Recovery of Costs - Demolition of Structure at 29310 Pinnell Street. PUBLIC HEARINGS Tentative Tract Map 24624 - Centex Homes. A request for approval of a Tentative Map to Subdivide 203.4 acres into 589 single family lots, one open space lot of 2.3+ acres, and one 4.0+ acre lot for park purposes, located south of the extension of Mountain Avenue and west of the terminus of Broadway Avenue. Continued from February 27, 1990. 32. ] Tentative Tract Map 23988 - Ortega Partners. A request of California Communities for approval of a Tentative Map to subdivide 72.48 acres into 259 single-familty lots, located northwesterly of Machado Street at the terminus of Lincoln Street. Continued from February 27, 1990. Approve Hearing Date. Approve Hearing Date. Approve Hearing Date. Approve Hearing Date. Approve Hearing Date. Re -affirm EIR 88-2; Approve TTM 24624 based on Findings. & Subj. to Conditions. Re -affirm EIR 88-2; Approve TTM 23988 based on Findings & Subj. to Conditions. 33. 34. 51. 52. 53. 54. PAGE FOUR - CITY'COUNCIL AGENDA - MARCH 13, 1990 Tentative Tract MMM 25442 - Doug Reuvers & Continue Sharon Gibson. to March 27, 1990. A request to subdivide 3.20 gross acres into four (4) lots, which range in size from .58 acre to .99 acres, for a site located west of Roberts n Street and north of Shrier Drive. The site is zoned R -I (Single -Family Residential District). Continued from February 27, 1990. Community Facilities District 88-3 - West End Approve Assessment District. Staff Recomm. Continued from February 13, 1990. BUSINESS/DISCUSSION ITEMS Commercial Project 89-9 - Pinnacle/Lakeshore �3. Adopt Neg. Dec. 89-55; A request to construct a commercial center Approve CP consisting of three (3) buildings totaling 28,770 89-9 based square feet, located approximately 1,200 feet eas on Findings of Main Street, north of Lakeshore Drive. & Subj. to Conditions. Industrial Proiect 90-1 - Ed Carlson. Adopt Neg. Dec. 90-1; A request to construct an 8,000 square foot Approve IP industrial building on a .41 acre site, located 90-1 based approximately 420 feet north of Flint Street, on Findings west of Langstaff. & Subj. to Conditions. BUSINESS ITEMS Northwest Sewer Project- Assessment District Adopt Res. 86-1. Resolution Nos. 90-11 - 90-17. Nos. 90-11 thru 90-17. Second Reading = Ordinance No. 883. Adopt Ord. No. 883. Relating to Discharge of. Firearms. CITY MANAGER COMMENTS CITY COUNCIL COMMENTS CLOSED SESSION ADJOURNMENT IOF WHEREAS, Air Force Junior Reserve Officer Training Corps (ROTC) is an academically oriented program compatible with other secondary school courses and has been established as an integral academic and administrative part of the Lake Elsinore Union High School since July 1, 1987; and WHEREAS, ROTC exposes students to self-discipline, self-reliance and an awareness of our responsibility and contributions in today's affairs, both as individuals and as a citizen of their community; and WHEREAS, the ROTC cadets gave of their time and energy to contribute to the open house for the rededication of City Hall; and WHEREAS, their conduct and efforts were a tribute to their leadership, training and self-discipline. NOW, THEREFORE, BE IT PROCLAIMED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE this 13th day of March, 1990, that Council wishes to recognize the Cadets and their Leader, Sergeant Davis for their assistance during the rededication of the City Hall in the City of Lake Elsinore and wish to commend the Cadets for their superior conduct during their course of leading tours through City Hall. JIM WINKLER, MAYOR CITY OF LAKE ELSINORE AGENDA ITEM NO. ., PAGE_I OF—,L_ MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Winkler at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Starkey. 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. Dick Knapp, 29690 Dwan, commented on Item #10 of this agenda. He suggested that the City Council give the Engineering Department the flexibility to allow a wall at an appropriate level in relation to the slope easements. 2. Dan Grindell, representing the Lake Elsinore N.A.A.C.P., presented Mayor Winkler with a plaque commending him for his work toward recognition of Martin Luther King's Birthday as a City holiday. Mayor Winkler thanked the N.A.A.C.P. for their recognition and recognized the entire Council for their support of this effort. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 8 and 9. 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. February 13, 1990 - Regular City Council Meeting. The following Minutes were received and ordered filed: b. February 7, 1990 - Planning Commission Meeting. AGENDA ITEM NO. � 'i; "'N PAGE OF! J_ _ PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 2. Received and ordered filed the Animal Control Activity Report for January, 1990. 3. Received and ordered filed the Investment Report for January 31, 1990. 4. Ratified Warrant List for February 15, 1990. 5. Rejected and referred to Claims Administrator the Claim submitted by Charles & Cecilia Mulik (CL #90-4). 6. Rejected and referred to Claims Administrator the Claim submitted by Colonial Penn Insurance on behalf of Walter Quigley (CL #90-3). 7. Approved Proclamation for California Earthquake Preparedness Month April, 1990. 10. Accepted Grant Deeds for the Purpose of Ten (10) Foot Slope Easements at 29523 La Shell Street & 16840 Bell Street. 11. Accepted Quitclaim Deeds for Water Rights for 113 Mohr Street & 4180 W. Crestview. 12. Accepted Quitclaim Deeds for Water Rights at 29523 La Shell Street. ITEMS PULLED FROM CONSENT CALENDAR 8. 16th Year C.D.B.G. Projects. Councilman Washburn commented on the proposed contribution to the volunteer fire fighters of Station 10, and their contributions to the Community. He suggested that the proposed restrooms and shade structures at Machado Park be deleted from the project list; and replaced with parking improvements at Yarborough Park. Councilman Buck advised that the Senior Home Repair program is being increased from $15,000 to $25,000 for this year. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROPOSED PROJECTS WITH THE CHANGE FROM MACHADO PARK TO YARBOROUGH PARK. PROJECTS INCLUDED ARE AS FOLLOW: Senior Home Repair Program (continue service to elderly, low income) Golden Spectrum (provide seed money for Senior Programs) Riverside County Coalition for Alternatives for Domestic Violence (continue funding City share) Riverside County Volunteer Fire Department #10 (Rescue Equipment) Homeless Program (local, St. Vincent De Paul/Crisis Center) Yarborough Park Parking Improvements (as suggested by Councilman Washburn) $26,500 15,000 1,839 4,020 5,000 47,561 AGENDA ITEM N0. I' G - PAGE 0� OF 19 PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 9. Adoption of Riverside County Department of Health - Well Ordinance - Resolution No. 90-9. Councilman Dominguez requested clarification of the Ordinance and its impact on the geothermal programs. City Attorney Harper clarified that the ordinance relates only to drinking water which would not affect geothermal. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-9. RESOLUTION NO. 90-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING ORDINANCE NO. 682 AN ORDINANCE OF THE COUNTY OF RIVERSIDE REGULATING THE CONSTRUCTION, RECONSTRUCTION, ABANDONMENT, AND DESTRUCTION OF WELLS. PUBLIC HEARINGS 31. Tentative Tract Mab 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. Continued from February 13, 1990. Community Development Director Gunderman advised that there is another meeting with the residents and developer on February 28th and recommended continuance to March 13, 1990. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MARCH 13, 1990. 32. Tentative Tract Map 23988 _ Ortega Partners. A request of California Communities for approval of a Tentative Map to subdivide 72.48 acres into 259 single-family lots, located northwesterly of Machado Street at the terminus of Lincoln Street. Community Development Director Gunderman detailed this project and its prior considerations and revisions. The City Clerk reported one written comment dated February 27, 1990 from Mr. Henk Huetinck, 30788 Sarabia, Lake Elsinore expressing concern with flooding, education, recreational facilities, public services and emergency services. Mayor Winkler opened the public hearing at 7:17 p.m. asking those in favor of Tentative Tract Map 23988 to speak. The following people spoke: Jeff Kenyon, representing California Communities, advised that he is the Senior Project Manager for this development and thanked staff for their assistance in revising their proposal. He detailed the proposed density, lot sizes, recreation trail and other amenities proposed. John Mandrell, representing the Keith Companies, detailed the West End Assessment District which will provide additional improvements in this area. Mayor Winkler asked those in opposition to speak. The following people spoke: AGENDA ITEM NO. PAGE, OF_i_� PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 Scott Josefson, 15070 Alvarado Rita Wilsey, 15015 Lincoln Street Mark Soderberg, 15058 Heather Rosemary Connelly, 30516 Princo Lynn Josefson, 15070 Alvarado Pam Eriser, 15042 Zieglinde Leroy LePro with concerns relating to density, lot sizes,and traffic circulation. Mayor Winkler closed the public hearing at 7:55 p.m. Community Development Director Gunderman advised that lot sizes had been a concern, however the density complies with the General Plan. Jeff Kenyon explained with regard to traffic concerns he had offered to place a stop sign; he also explained that he has met with some of the homeowners to mitigate concerns. He also detailed the quality and price range of the homes they are developing. Mayor Winkler questioned the cost of the assessment district to each developer and each property owner. John Mandrell explained that the developers are paying variable amounts based on the size of the development and the homeowners will each absorb approximately $13,000 to $14,000. Discussion ensued with regard to the 25 lots in the center of the development which will be 6,000 square foot, as well as possible alterations of the buffer area and the lots in question. THE CITY COUNCIL MEETING WAS RECESSED AT 8:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:50 P.M. After further discussion of lot sizes and densities in the area, it was suggested that a Council Committee of Councilmembers Buck and Washburn meet with Mr. Josefson and Mr. Soderberg to discuss concerns prior to the next Council Meeting. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO REOPEN THE PUBLIC HEARING AT 9:18 P.M. AND CONTINUE THIS ITEM TO MARCH 13, 1990 TO ALLOW REVIEW BY THE ABOVE MENTIONED COMMITTEE. 33. Tentative Tract Map 24618 = George Wimpey. A request to create 35, R-1 (Single -Family Residential) lots from 10.24 gross acres, located approximately 850 feet south of Grand Avenue, west of Ortega Highway and east of Grandview Avenue. City Planner Thornhill detailed this request. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 9:25 p.m. asking those in favor of Tentative Tract Map 24618 to speak. The following person spoke: Jim Bolton, Keith Companies, representing the applicant, offered to answer questions from Council. AGENDA 1TTOO NO, 1, PAGE OF_La� PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 Mayor Winkler asked those in opposition to speak. The following people spoke: Steve Fischer, 15701 Shadow Mountain, expressed concern with the lack of park facilities in this area of the City. Jeannie Fischer, 15701 Shadow Mountain, further commented on the need for a passive park in the neighborhood. Mayor Winkler closed the public hearing at 9:28 p.m. Councilman Starkey questioned Community Services Director Watenpaugh about any potential park facilities -'in the area. Community Services Director Watenpaugh advised that while there are areas dedicated as open space, no actual park is proposed. City Manager Molendyk clarified that when the surrounding developments received their original approvals no park facilities were required by the Council. Councilman Starkey requested that staff review this area for possible facility locations. Councilman Washburn questioned the "crib wall" required by the Conditions of Approval. City Planner Thornhill advised that this is a wall through which plants can grow and eventually give the appearance of a landscaped slope. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT NEGATIVE DECLARATION 89-47 AND APPROVE TENTATIVE TRACT MAP 24618 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findings 1. If the attached conditions are met, this subdivision is consistent with the Goals, Policies and Objectives of the General Plan. 2. This subdivision meets the minimum subdivision requirements of Title 17 (Zoning Code). 3. If the attached conditions are met, this project will meet the development requirements and standards of the Municipal Code. Planning Division Conditions 1. Tentative Tract Map 24618 will expire two (2) years from date of approval unless an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply to all applicable requirements of the Lake Elsinore Municipal Code, Title 16 and 17 unless modified by the Conditions of Approval. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. All signage for this subdivision shall require City permits. AGENDA ITEM NO.1:Q-.,, \ PAGEOF—La,.,. PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 5. A noise study must be submitted prior to Minor Desig- Review approval of the dwellings, plotting and decorative wall for Ortega Highway, to ensure that the interior and exterior noise levels specified by the City's Code are provided for Lots 6-15 through building construction and a sound attenuation wall. Standard highway noise levels should be assured for the sound mitigation plan. The City's Noise Ordinance must be met during all site preparation activity. Street names within the subdivision shall be approved by the Planning Division. A geologic report with associated recommendations will be required for grading permit. All grading shall conform to the requirements of Section 6.11 of the Subdivision Ordinance and Chapter 70 of the Uniform Building Code. A temporary erosion control landscaping plan shall be approved prior to issuance of grading permits. Temporary erosion control landscaping shall be provided within 30 days of rour' grading. The applicant shall bond 100% for material and labor for one year. 8. Pay all Capital Improvement fees in effect at time of issuance of building permits. 9. Prior to final approval of Tract Map 24618 the improvements specified herein and approved by the Planning commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City, and all other stated conditions shall be complied with. 10. Prior to approval of the Final Tract Map all lots within this subdivision shall conform to the minimum dimensional standards of the R-1 Zoning District, and property lines shall be at the top of slopes. 11. Prior to Final Map approval, if required, the applicant shall obtain off-site slope easements for grading from adjacent property owners. Such easements shall be approved by the City Engineer and City Attorney and recorded. 12. Bond for drip or sprinkler irrigation system for slope areas, prior to issuance of building permits. If a crib wall is proposed the applicant shall be responsible for landscaping/irrigation plan shall be submitted and approved, prior to issuance of grading permits, subject to the approval of the City's Landscape Consultant and the Community Development Director. 13. Building permits shall not be issued until proof of payment of school mitigation fee is presented to City Building Department. 14. All of the improvements shall be designed by developer's civil engineer to the specifications of the City of Lake Elsinore. 15. Comply with all conditions of the Riverside county Fire Department. 16. Applicant must meet all requirements of Elsinore AGENr7A ITEM NO. , PAGE 0,19 PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 Valley Municipal Water District (EVMWD). The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). 17. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation, as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 18. Meet all requirements of Southern California Edison Company. 19. Meet all requirements of Southern California Gas Company. 20. Meet all requirements of General Telephone. 21. All trailers used during construction shall be subject to Planning Division review and approval prior to installation Project mailboxes require Planning Division review and approval prior to installation. 22. The developer shall establish a homeowner's association to manage and impose fees to maintain all slopes along Ortega Highway. The retaining wall located on the northeastern most tract boundary shall be maintained by the homeowner's association. All other walls shall be the responsibility of the individual homeowners. The homeowner's association shall be established to current State laws and be subject to the approval of the City Attorney and Community Development Director who shall review all CC & R's and rules for their adequacy and completeness. The City Attorney shall review the CC & R's, homeowner's association documents and all documents to convey title to the homeowner's association. 23. 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. One model home shall be landscaped using Xeriscape landscaping with signage identifying its use. 24. 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 base disk from public right-of-way and adjacent property, the prohibition of roof -mounted or front yard disk. CC & R's shall be subject to the approval of the Community Development Director, or his 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. AGENDA ITEM NO. PAGE OFE PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 25. 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. 26. Provide a decorative masonry wall along Ortega Highway at the pad elevation/property lines of those lots at a height consistent with a noise study acceptable to the Planning Division. Any wall over 8 feet in height shall require Planning Commission approval. All other walls are subject to the review and approval of the Community Development Director or his designee prior to issuance of building permits. Provide a combination 4 foot high decorative block wall with 2 feet wrought iron above along Grandview Avenue, and on the northeasterly retaining wall at pad elevation, and on Trabuco Avenue, as appropriate, to preserve views (rather than using 6 feet of solid fencing). All other side and rear property line fencing shall be 6 feet high and meet the requirements of Section 17.14 and 17.23 of the Municipal Code. 27. Prior to issuance of any grading permit or building permits, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Director. 28. Property lines shall be at the top of slopes with downslope areas to be maintained as indicated in condition number 22, with the exception of Grandview Avenue and Trabuco Avenue. 29. All proposed exterior lights shall be shielded above the horizontal plane. Enaineerina Department Conditions 30. All Public Works requirements shall be complied with as a conditions of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 31. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030) Document can be obtained from the Engineering Department. 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. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 35. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). AGENDA ITEM NO. _L= 6 PAGE OF PAGE NINE - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 36. 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. 37. Construct all 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). 38. Street improvement plans and specification 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). 39. 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). All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 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. Applicant shall obtain any necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 42. Provide fire protection facilities as required in writing by Riverside County Fire Department. 43. Provide street lighting, show lighting improvements on street improvement plans, as required by the City_ Engineer. 44. Individual 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. 45. Hydrology and Hydraulic Study shall be submitted, reviewed and approved by City Engineer and Riverside County Flood Control District prior to final map approval. 46. All major drainage facilities in this tract shall be constructed to Riverside county Flood Control District standards and agreement entered into with the District for construction, ownership and maintenance. 47. All drainage facilities in this tract shall be designed and constructed to Riverside County Flood Control District Standards. 48. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and developer shall mitigate any flooding AGENDA ITEM WO.t_ _ _ G :PAGE,,,.. �„_ OF I r PAGE TEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 and/or erosion downstream caused by development of site an diversion of drainage. 49. Applicant shall obtain any necessary Cal -Trans permits and meet all Cal -Trans requirements for right-of-way dedications and construction on Ortega Highway. 50. Contribute $102.00 towards the City's Master Entryway Sign Program. 51. Prior to the Final Map recordation, a_ subdivision agreement shall be entered into with the developer(s), owner(s), and the City. 52. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to final map approval. 53. Developer shall contribute $6,000.00 towards the design and construction of traffic signal at Grand Avenue and Macy Street. This development will increase traffic at the intersection at least 4% and should contribute 4% towards construction. 54. Provide sufficient dedication along western tract boundary for Grandview right-of-way of 66 feet. 55. Grandview along tract boundary shall be improved to provide a parking lane and 2 travel lanes (32 feet). Off-site from Half Moon Drive to Laguna Avenue, Grandview shall be improved to provide a parking lane and 2 travel lanes (32 feet). 56. Applicant shall agree to join an assessment district for the cost sharing for construction of the Ortega Channel and major drainage laterals. 57. Approval of drainage plans for this subdivision is conditioned upon completion of the master plan drainage facility required as a condition of approval_. of Tentative Tract 20139, together with extension as necessary and required by the City Engineer to serve this proposed subdivision. If tract 24618 is constructed prior to completion of the Ortega Channel then, this developer shall construct the permanent storm drain improvement under Grand Avenue and enter into an agreement with developer of Tract 20139 for appropriate reimbursement. 58. Developer shall extend the Ortega Channel lateral in Grandview to the southerly tract boundary and will be entitled to reimbursement through the assessment district. 59. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. 34. Tentative Parcel Map 25442 _ Doug Reuvers & Sharon Gibson. A request to subdivide 3.20 gross acres into four (4) lots, which range in size from .58 acres to .99 acres, for a site located west of Robertson Street and north of Shrier Drive. The site is zoned R-1 (Single -Family Residential District). AGENDA ITEM/NO. I `�' rI pAF j IC h (1F f_ L PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 Community Development Director Gunderman advised that concerns have come to light with regard to access of surrounding properties, and recommended that it be continued for two weeks. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MARCH 13, 1990. BUSINESS/DISCUSSION ITEMS 51. Commercial Project 89-8 - Krouse Builders. A request for a 7,250 square foot commercial building on .344 gross acres, located at the northeast corner of Schrivner Street and Graham Avenue. City Planner Thornhill detailed this request and exhibited the new elevations which have been reviewed and approved by the Downtown Design Review Committee. Councilman Washburn questioned the ingress and egress for this project. Staff clarified that it would be from Schrivner Street. Councilman Washburn also questioned the exterior design and recommended heavy landscaping and window awnings for improvement. Councilman Buck advised that this had also been recommended by the Downtown Committee, however it was not shown on the latest elevations. MOVED BY DOMINGUEZ, SECONDED BY BUCK TO ADOPT NEGATIVE DECLARATION .89-53 AND APPROVE COMMERCIAL PROJECT 89-8 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING 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 insure development of the property in accordance with Objectives of Chapter 17.82.060 and the Planning District in which it is located. 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. AGENDA ITEMi fNO. PAGE I OF --L; e PAGE TWELVE - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 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 utilities. 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 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. 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 AGENDA ITEM NO. I_�� PAGE PAGE THIRTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened. All 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 (6") 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 materials 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. AGENDA ITEM NO._�,C� PAGE I :� OFil___ PAGE FOURTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 22. Applicant shall construct landscaped berms, not to excee 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 1129" 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 EVMWD standards. e) A reduced pressure principle backflow device is AGENDA ITEM; „;,, c PAGE N OF_ N PAGE FIFTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 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 EVMWD. 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 EVMWD standards with plan be be submitted and approved. i) All waste discharges shall be subject to EVMWD 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 EVMWD. 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 EVMWD 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 (1211min.) 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 EVMWD anticipates providing sanitary sewer service for the above referenced 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. EVMWD has also programmed additional expansion of the treatment plat 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 any time, 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 drives aisles. AGENDA ITEMS NO. ' ` r^' PAGE. OF L1_ PAGE SIXTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 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 "1" and 112" on building site plan. This shall be reflected on final site plan. 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 Elsino— 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 Municipal 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 AGENDA ITEM NO. _L4,1 Z)ii- PAGE OF—J-=-_ PAGE SEVENTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 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 improvements 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 11" mylar) shall be submitted to Engineering Department before final 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 or 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. 52. Ordinance No. 883 - Firearm Discharge. City Attorney Harper advised that he would suggest Council review section 9.88.030 of the proposed Ordinance prior to adoption. Councilman Buck commented that he feels this will addressed the recent concerns. Council concurred. MOVED BY WASHBURN, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 883: ORDINANCE NO. 883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING MUNICIPAL CODE SECTION 9.88.010 RELATING TO THE DISCHARGE OF FIREARMS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ''AGENDA ITEM" J-1-CL 1 j - L PAGE- OFJ-e -�- PAGE EIGHTEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 53. Second Reading - Ordinance No. 882. Relating to Uniform Codes MOVED BY WINKLER, SECONDED BY BUCK TO ADOPT ORDINANCE NO. 882: ORDINANCE NO. 882 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIVORNIA, REPEALING ORDINANCE NUMBERS 799, 797, 798, 795, 796, 800, 794, AND 802; AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS, DELETIONS AND ADDITIONS THERETO: UNIFORM BUILDING CODE, 1988 EDITION; UNIFORM HOUSING CODE, 1988 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988 EDITION; UNIFORM PLUMBING CODE, 1988 EDITION; UNIFORM MECHANICAL CODE, 1988 EDITION; UNIFORM FIRE CODE, 1988 EDITION; NATIONAL ELECTRICAL CODE, 1987 EDITION; AND THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY MANAGER COMMENTS City Manager Molendyk advised that the new play equipment at City Park had been installed; Main Street landscaping should be complete next week; Yarborough Park Restrooms are complete and the athletic lighting at Lakepoint Park is on schedule for completion by March 31, 1990. CITY COUNCIL COMMENTS Councilman Dominguez advised that the blacktop area at City Park is in need of slurry sealing. He also advised that the old railroad right-of-way area is catching and holding stagnant water and requested that staff alleviate this problem. Councilman Washburn announced that Railroad Canyon Road closure will begin with a soft -closure on March 5, 1990 and a full -closure on March 26, 1990 and a projected reopening on October 1, 1990. He also advised that he and Councilman Buck would be meeting with various groups to explain the improvements and the time frames involved. Councilman Buck detailed the alternate routes to be utilized during the road closure. Mayor Winkler requested a joint study session with the Public Safety Committee and the Consultant. He also thanked Captain Reynolds for his assistance in resolving the concerns expressed by residents at the last Council Meeting. CLOSED SESSION None. AGENDA ITEM NO- l \ PAGE y.- ��OF PAGE NINETEEN - CITY COUNCIL MINUTES - FEBRUARY 27, 1990 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 10:01 P.M. ATTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE JIM WINKLER, MAYOR CITY OF LAKE ELSINORE AGENDA �TEtvS NO. . c , PAGE G� o iii.. MINUTES OF LAKE ELSINORE HELD ON THE 21ST DAY OF THE MEETING WAS CALLED TO ORDER AT 7:00 P.M. PLANNING FEBRUARY PLEDGE OF ALLEGIANCE was led by Commissioner Gilenson COMMISSION ROLL CALL: PRESENT: Commissioners: Gilenson, Brinley, Saathoff and Brown ABSENT: Commissioners:, Wilsey Also present were Community Development Director Gunderman, Planning Manager Thornhill, Associate Planner Restivo, Assistant Planner Fairbanks and Senior Civil Engineer O'Donnell. MINUTE ACTION Motion by Commissioner Brinley to approve Minutes of February 7, 1990, as submitted, second by Commissioner Gilenson. Approved 4-0 PUBLIC COMMENTS There being no requests to speak, Chairman Brown closed the PUBLIC COMMENTS section. PUBLIC HEARINGS 1. Tentative Parcel Map 25157 - Four Corners A Limited Partnership (Bainbridge Investments) - Continued from January 17, 1990 - Chairman Brown stated that there has been a request to continue this item to March 21, 1990, and called for a motion. Motion by Commissioner Brinley to continue Tentative Parcel Map 25157 to March 21, 1990, second by Commissioner Gilenson. Approved 4-0 2. General Plan Amendment 89-9; Zone Change 89-10; Specific Plan 87-1 Revised; Variance 90-1; Tentative Parcel Map 25106; Commercial Project 89-6; Street Abandonment 89-3 - Tomislav Gabric & Associates - Planning Manager Thornhill presented a request to amend the General Plan Land Use Map from Specific Plan Area to General Commercial; to rezone the site to C-2 (General Commercial); to consider Tentative Parcel Map 25106 which creates two new parcels, a new street, and indicates the vacation of three City streets, and; a Variance to reduce the front yard setback on the new street. This is a 6.6 acre vacant parcel located between Lakeshore Drive and Parkway, south of Avenue 6. Planning Manager Thornhill presented a memorandum illustrating minor corrections to the Staff Report and Conditions of Approval. Chairman Brown opened the public hearing at 7:10 p.m. asking if anyone wished to speak in favor. Mr. Mark Telford, representing Tomislav Gabric, spoke in favor. Chairman Brown asked if anyone else wished to speak in favor. 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 7:12 p.m. AGENDA ITEM NO. J : ' PAGE—L///. OF� Minutes of Planning Commission February 21, 1990 Page 2 TOMISLAV GABRIC & ASSOCIATES CONTINUED Commissioner Brinley commented on the parking area having security lighting, and the hours of operation. Commissioner Saathoff commented on setbacks with regard to the variance requested; security lighting to be provided from dust to dawn, and street lights. Chairman Brown commented on Building "B" with regard to the west elevation and landscaping --inconsistency of rendering and landscaping plan; emphasis placed on mounding along Avenue 6 and Lakeshore; parking spaces with planters and walkways on the other side these do not work unless elevated, reference Building "B" and "C". Motion by Commissioner Saathoff to recommend to City Council adoption of Negative Declaration 89-37 and approval of General Plan Amendment 89-9; Zone Change 89-10; Specific Plan 87-1 Revised; Variance 90-1; Tentative Parcel Map 25106; Commerc Project 89-6 and Street Abandonment 89-3 based on the Findings and subject to the Conditions of Approval listed in the Staff Report as corrected by memorandum dated February 21, 1990, and adopt Resolution No. 90-4, entitled as follows: RESOLUTION 90-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 89-9 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE DESIGNATION OF 6.6 ACRES FROM SPECIFIC PLAN TO GENERAL COMMERCIAL Second by Commissioner Gilenson. Commissioner Brinley asked for further discussion on security lighting. A brief discussion ensued on this issue. Commissioner Saathoff amended his motion to include the addition of condition number 26.b. to Commercial Project 89-6, which will read as follows: Condition 26.b: "Security lighting shall be installed and operable from dust to dawn." Second by Commissioner Gilenson. Approved 4-0 3. Specific Plan 89-1, First Amendment and Tentative Tract Maps 25472-25479 - Homestead Land Development - Chairman Brown stated that there has been a request to continue these items to March 7, 1990, and called for a motion. Motion by Commissioner Brinley to continue Specific Plan 89-1, First Amendment and Tentative Tract Maps 25472-25479 to March 7, 1990, second by Commissioner Gilenson. Approved 4-0 4. Variance 90-2 and Industrial Project 90-2 - Ronald A. Lloyd - Chairman Brown stated that there has been a request to continue these items to March 7, 1990, and called for a motion. Motion by Commissioner Saathoff to continue Variance 90-2 and Industrial Project 90-2 to March 7, 1990, second by Commissioner Brinley. Approved 4-0 AGENDA ITEM NO. `^ _LIZ_ PAGE OF Minutes of Planning Commission February 21, 1990 Page 3 BUSINESS ITEMS 5. Commercial Project 89-9 - Pinnacle/Lakeshore #3 A General Partnership - Associate Planner Restivo presented a request to construct a commercial center consisting of three buildings totaling 31,500 square feet, on five gross acres, located approximately 1,200 feet easterly of Main Street, north of Lakeshore Drive. Associate Planner Restivo requested the addition of condition number 38.e, which will read as follows: Condition 38.e: "The loading area is to be completely screened from view and/or shall be located behind commercial building." Chairman Brown asked if there was anyone present representing the applicant and if there were any concerns. Mr. Stan Dotts, representing the applicant, commented on condition number 25.m, pertaining to hydroseeding the hillside --would like between now and City Council hearing to get a consultant's opinion on the hydroseeding. Mr. Dotts questioned condition number 20, pertaining to mechanical equipment being ground mounted; stated the mansard roofs are in the rear and not visible to anyone, and this seems like an ideal place to have the mechanical equipment. Commissioner Gilenson commented on condition number 25.h., pertaining to percentages for bonding of landscape improvements; condition number 20, pertaining to mechanical equipment being roof mounted if not visible, and height of parapet wall, amending condition number 20 to reflect the standard parapet wall condition. Commissioner Saathoff commented on the grading and whether or not there would be any cut into the 1:1 slope; Lakeshore Drive upgrade --would like to see a mechanism, some way to see that when development is taking place on a major street, like Lakeshore, that both sides are developed; if this is private property or the old railroad right -o£ -way; blue tile roof; condition number 38.e, pertaining to the loading area being screened from view, what view? Chairman Brown commented on flooding along Lakeshore, and the possibility of the City forming a Jv with its lease; if nothing else, put asphalt berm on the other side --maybe not curb, gutter and sidewalk. There are three places of ponding in that stretch. If we are going to do one side and direct the water to the other side of the street at least try to get it towards the lake somehow. If we (the City) can participate in the improvements at that time --not necessarily take additional right-of-way, which may be years down the line, at least finish it out to get an even course all the way through there and at least an AC berm all the way down to the entrance of both of those projects. Chairman Brown commented on condition number 25.m, asked if the intent is for newly created slopes or existing slopes; amending this condition to reflect "any slopes created by grading", and deleting the last sentence. Planning Manager Thornhill requested that condition number 36 be deleted, as it does not apply to this proposal. Motion by Commissioner Saathoff to recommend to City Council adoption of Negative Declaration 89-9 and approval of Commercial Project 89-9 based on the Findings and subject to AGENDA ITEM NO..�,_ PAGE .J OF.__,`„_ Minutes of Planning Commission February 21, 1990 Page 4 COMMERCIAL PROJECT 89-9 CONTINUED the 62 Conditions of Approval listed in the Staff Report the following amendments: Condition 20: "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 buil$ing plans." Condition 25.h: "All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape require- ments approval/acceptance, and bond 100% for material and labor for one year." Condition 25.m: "All slopes created by any grading shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division." Condition 36: "Prior to issuance of building permits, applicant shall pay all fees required in Conditions of Approval for ." DELETED Condition 38.e: "The loading area is to be completely screened from public right-of-way view and/or shall be located behind commercial building." Second by Commissioner Brinley. Approved 4-0 with 6. Industrial Project 90-1 - Ed Carlson (The I.N.O. Associates, Walt Allen) - Associate Planner Restivo presented a proposal to construct an 8,000 square foot industrial building, located approximately 420 feet north of Flint Street, west of Langstaff. Chairman Brown asked if there was anyone present representing the applicant and if there were any concerns. Mr. Walt Allen, representing the applicant, questioned condition number 34.b, pertaining to location of trash enclosure. Commissioner Gilenson commented on condition number 34.b., pertaining to the location of the trash enclosure, and deleting this condition if relocation creates no problem with maneuverability. Commissioner Brinley commented on condition number 34.b, pertaining to vehicle (semi -truck) access, maneuverability, potential safety hazard, and relocation of the trash enclosure; condition number 34.a, pertaining to the front elevation windows. Commissioner Saathoff commented on condition number 34.a, pertaining to the windows of the open work shop to provide one continuous windowed area, and providing something more specific on this condition; asked for the number of employee, and the possibility of enhancing the landscaping by providing an outside shade area for employees. AGENDA ITEM NO. � L PAGE OF—,Z'_ Minutes of Planning Commission February 21, 1990 Page 5 INDUSTRIAL PROJECT 90-1 Mr. Carlson responded that there would be five employees. Chairman Brown commented on condition number 34.b, pertaining to the location of trash enclosure and truck maneuverability condition number 34.a, pertaining to window treatment and suggested continuance of windows through a false window treatment or something of that nature. Motion by Commissioner Brinley to recommend to City Council adoption of Negative Declaration 90-1 and approval of Industrial Project 90-1 based on the Findings and subject to the 49 Condition of Approval listed in the Staff Report with the following amendments: Condition 34.a: "The front elevation windows of the "open work shop area" shall be lengthened and consolidated to provide for a larger window expanse similar to the architecture of the rest of the building. This can be done through plant -ons or pane windows." Condition 34.b: "The trash enclosure shall be located as per Exhibit 1. The trash enclosure shall be so located to allow truck maneuverability in the loading area." Second by Commissioner Saathoff. Approved 4-0 At this time, 8:12 p.m. the Commission recessed. At this time, 8:25 p.m. the Commission reconvened. 7. Center Identification Sign for Firestone Plaza - Joyce SehiY- Assistant Planner Fairbanks presented a request to construct an internally illuminated center identification sign, 22 feet tall and 12 feet wide with 116.5 square feet of sign face, located approximately 500 feet southeast of the intersection of Railroad Canyon Road and Casino Drive. Assistant Planner Fairbanks stated that staff recommends that the center identification sign, if approved, not exceed the height of the 17 feet ten inches with the sign face limited to 96 square feet of sign copy per side, and moved back 5 feet from the property line. Chairman Brown asked if there was anyone present representing the applicant and if there were any concerns. Ms. Sehi stated that they were in agreement with staff recom- mendation. A brief discussion was held on perception from the street and setback. Motion by Commissioner Saathoff to approve the Center Identification Sign for Firestone Plaza based on the Findings and subject to the 7 Conditions of Approval listed in the Staff Report, second by Commissioner Gilenson. Approved 3-1 (Commissioner Brinley voting no) AGENDA ITEM NO. PAGE � OF -1— Minutes of Planning Commission February 21, 1990 Page 6 COMMUNITY DEVELOPMENT DIRECTOR'S COMMENTS Community Development Director Gunderman commented as follows: 1) Informed the Commission that two major projects are coming before the Planning Commission and City Council shortly. One being North Peak by TMC, abutting and north of the Ramsgate Project,.and the Mac Arthur Glen project which is on Collier, Nichols and 115, which is the designer outlet center. We have requested that the Planning Commission appoint two Planning Commissioners, as well as City Council appointing two Councilmembers, to serve as a subcommittee to review those proposals.. The first meeting has been scheduled as follows: Thursday, March 1, 1990, at 9:00 a.m. for the a Mac Arthur Glen project and 10:30 a.m. for the TMC project. Commissioner Gilenson and Chairman Brown were appointed to serve on this subcommittee, with Commissioner Brinley as an alternate for Chairman Brown. 2) We will have a new Assistant Planner on board Monday, February 26, 1990. 3) We will have interviews for the Senior Planner position on March 2, 1990. PLANNING COMMISSIONER'S COMMENTS Commissioner Gilenson Commented on the condition, flooding, of Lakeshore Drive from Lake Street and Torn Ranch all the way through the City from the last rain. Does not know if the grading from the project and/or homes out there has had any affect on it or what we can do to stop the flooding. The community is up in arms about crime and what can be done about it. City Council has appointed a committee to look into police services and the like. The committee came up with Neighborhood Watch, it is a great program. We had a Neighborhood Watch meeting in our area, and 220 flyers were hand delivered to all the homes, and out of 220 homes 9 families showed. This is not saying a lot for the area. The police can only do so much, we need Neighborhood Watch and we need the neighborhoods to get involved. The Sheriff's Department can let you know who the coordinators are for local areas. Suggest that all areas of the City get involved with the Neighborhood Watch Program. Congratulated to his son who finished boot camp and got a promotion, and will be going to Tennessee for aircraft mechanics training. Commissioner Brinley Inquired about the landscaping status at the K -Mart site. Planning Manager Thornhill responded that a significant amount of new material was planted within the last few months. We can go back out and look at the site. Commissioner Saathoff Asked that Commissioner Wilsey be contacted and asked to sit in on the Ramsgate meeting scheduled for Tuesday, February 27th at 9:00, for him. AGENDA ITEM NO. PAGE OF_,- Minutes of Planning Commission February 21, 1990 Page 7 PLANNING COMMISSIONER'S COMMENTS CONTINUED Discussed at the last meeting the feasibility of blocking off Shrier and Highway 74. Would like to asked, if the Commission agrees, to have the Engineering Department at the next meeting or two meetings hence, come back with a feasibility report. Senior Civil Engineer O'Donnell stated that they have already contacted the traffic engineer, and he is looking at aerials and plans of the area. Commissioner Saathoff stated that he would like the Commission to receive a copy of this report. Chairman Brown Agrees with Commissioner Gilenson on Lakeshore Drive, and sure that Public Works Department is aware that we have lost probably a quarter of a mile of paving total between Machado and Four Corners, and the holes are probably 6-10 inches deep. There being no further business, the Lake Elsinore Planning Com- mission adjourned at 8:37 p.m. Motion by Commissioner Saathoff, second by Commissioner Brinley. Approved 4-0 Approved, Jeff Brown, Chairman Respectfully submitted Linda Grindstaff Planning Commission Secretary AGENDA ITEM /NCO. PAGE�L OF� REPORT TO THE CITY COUNCIL DATE: March 13, 1990 SUBJECT: Building Activity Report. Month of February 1990 S PREPARED BY APPROVED BY: Community Developm t Director City Manager Dave Gund an 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. AGENDA ITEM NO. a PAGE / OF L C I T Y O F L A K E E L S I N 0 R E DIVISION OF BUILDING AND SAFETY ACTIVITY REPORT - February 1990 NEW 11 - Single Family Residence ....................... $ 1,257,047 1 - Duplexes - Bldgs - 1 Units -2 ................ 170,000 0 - Multiple Family - Bldgs - 0 Units - 0 .......... 0 0 - Commercial ....................................... 0 0 - Industrial ......................................... 0 3 - Mobile Home Installations ........................ $ 143,000 ADDITIONS/ALTERATIONS 42 - Residential ...................................... 67,450 3 - Commercial ...................................... 5,000 2 - Industrial ..................................... 3,"`0 5 - Mobile Home ...................................... 23,..0 14 - Swimming Pool/Signs/Blockwall/Misc. .............. 47,200 6 - GRADING .......................................... 158,125 ANNUAL COMPARISON CURRENT YEAR PRECEDING YEAR No. Permits Valuation No. Permits Valuation 4 - Model Homes - Tract 17413-6 Month of: February 87 $ 1,873,922 93 $ 6,341,699 Calendar Year: 145 $ 3,480,046 167 $11,961,844 Last 12 Months: 1073 $44,721,302 1176 $62,179,370 Plumbing Permits: 26 20 Electrical Permits: 42 29 Mechanical Permits: 14 8 Description Owner Valuation NEW SINGLE FAMILY 407 and 409 Kellogg Thomas Brothers Dev. $ 164,000 609, 611 and 701 Pottery Thomas Brothers Dev. $ 243,000 4 - Model Homes - Tract 17413-6 Homestead $ 508,047 4180 West Crestview Grove $ 180,000 113 Mohr Frodsham/Glass $ 162,000 NEW MOBILE HOME INSTALLATIONS 15132 Via Valle Drewette $ 59,000 15136 Via Valle Barter $ 59,000 32900 Riverside Drive, sp. #94 Peyton Enterprizes $ 25,000 NEW DUPLEX 745 Quail Drive Jeffrey Juhasz $ 170,000 AGENDA ITEM NO. a PAGE 2 O 2...., REPORT TO CITY COUNCIL MARCH 1, 1990 SUBJECT: CODE ENFORCEMENT ACTIVITY REPORT, PREPARED BY DISCUSSION MONTH OF FEBRUARY, 1990 D:, f� Ro Molendyk City Manager 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. �> PAGE / _ OF� CITY OF LAKE ELSINORE DIVISION OF CODE ENFORCEMENT ACTIVITY REPORT - FEBRUARY, 1990 I.��i91a1[i i��� • • AGENCIES/DIVISIONS CURRENT PREVIOUS YEAR -TO Animal Control MONTH MONTH DATE COMPLAINTS: _14_ 9_ _23_ Resident Complaints _13_ 7_ _20_ Staff Initiated Complaints _46_ _181_ 227_ Total Complaints Received 59 188 ,47 Total Violations Corrected 102 140 242 I.��i91a1[i i��� • • AGENCIES/DIVISIONS Animal Control 2 2 4 Building & Safety _14_ 9_ _23_ Business Licensing _02_ _14_ _16_ Health Department 0 0 0 Public Works 18 19 37 Sheriff's Department _20_ _14_ _34_ Water Department 0_ 0_ COURT CASES: Court Hearings (Disputed Citations) 0_ Violations Corrected 0 0 0 NUSIANCE ABATEMENT: Cases Set for Nuisance Abatement Hearing 3_ 5_ 8_ Total Abatement Completed 0 0 0 TOTAL CASES CLOSED: 154 198 352 AGENDA {TEM NO. '3 OF PAGE , �� REPORT TO THE CITY COUNCIL DATE: March 1, 1990 SUBJECT: Structure Abatement Activity Report - February 1990 PREPARED BY• �2tf-� Community Develo nt Director Dave Gun y7m an DISCUSSION• APPROVED BY: �. y Manager Ron Molendyk 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 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 - FEBRUARY 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 3 5 2 0 7 7 5 3 6 5 4 5 STATUS OF STRUCTURE ABATEMENT PROGRAM TO -DATE Total structures that have been demolished by owner......... 48 Total structures that have been rehabilitated ............... 27 Structures demolished by the City ........................... 6 Total structures in the abatement program ................... 108 AGENDA ITEM NO. 17 pAGE �L OF_.3—_ ACTIVITY REPORT ON STRUCTURE ABATEMENT - FEBRUARY 1990 NEW STRUCTURES IN ABATEMENT Camino Del Norte X Main Street - Abandon structures 1116 Cleveland Court - S.F.R. evicted 32395 Corydon Street - S.F.R. evicted PROPERTIES BEING DEMOLISHED 16313 Arnold Avenue - S.F.R. with structural damage 29310 Pinnell (A.P. #378-090-029-6) - Substandard Shed 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 16420 Bailey Avenue - Substandard Garage 1250 Cole Street - Vacant S.F.R. 120 E Franklin - Substandard Apartment 506 Minthorn - Commercial 1119 Cleveland Court - Repossessed S.F.R. Evicted _- STRUCTURE AT FIRST NOTICE 18010 Heald Avenue - Hazardous S.F.R. 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 STRUCTURE AT SECOND NOTICE 16550 Arnold Avenue - Hazardous S.F.R. 303 West Pottery - Substandard Multi -Family 18520 Collier Avenue - Abandon S.F.R. 30490 Wilson Way - Poorly Maintained S.F.R. AGENDA ITErw PAGE 6._ OF S CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS FEBRUARY 28, 1990 793,000 GOVERNMENT BACKED SECURITIES - NEGOTIABLE FEDERAL HOME MORTG. CO. 8.000% 02-09-87 06-01-16 216,540 GOV. NATIONAL MORTG. ASS. 8.000% 05-17-88 11-20-00 102,227 318,767 CITY INVESTMENT TOTAL 3,861,767 ESTIMATED EXPENDITURES - MARCH, 1990 **Will meet anticipated expenditures AVERAGE ANNUAL RATE....... 8.838% $615,000 AGENDA ITEM NO. .5 PAGE OF___I �C INTEREST DATE MATURITY RATE PURCHASED DATE AMOUNT LOCAL AGENCY INVEST FUND 8.538% DAILY 24-HOUR $2,750,000 TIME CERTIFICATE OF DEPOSIT BARNETT FED SAVINGS BANK 8.250% 04-12-88 04-12-90 100,000 CAPITAL BANK 8.500% 04-05-88 04-05-90 99,000 FIRST NETWORK S & L 10.625% 04-27-89 06-07-90 99,000 FOUNDERS S & L 10.750% 04-14-89 03-15-90 99,000 NEW AMERICAN S & L 8.000% 04-19-88 04-19-90 99,000 OVERLAND PARK S & L 8.250% 04-08-88 04-10-90 99,000 PLAZA S & L 8.500% 04-28-88 04-30-90 99,000 THE GUARDIAN FED. S & L 9.800% 01-03-89 07-03-90 99,000 793,000 GOVERNMENT BACKED SECURITIES - NEGOTIABLE FEDERAL HOME MORTG. CO. 8.000% 02-09-87 06-01-16 216,540 GOV. NATIONAL MORTG. ASS. 8.000% 05-17-88 11-20-00 102,227 318,767 CITY INVESTMENT TOTAL 3,861,767 ESTIMATED EXPENDITURES - MARCH, 1990 **Will meet anticipated expenditures AVERAGE ANNUAL RATE....... 8.838% $615,000 AGENDA ITEM NO. .5 PAGE OF___I �C LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-082 PAGE NO. 1 DATE 02/28/90 1CHER Y0. PAYE= JL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV, NO. AMOUNT NO. AMOUNT A — Z BUS SALES $383 358.43 ACE LOCK & KEY 8384 15.96 ACTION SUPPLY INC. 8385 803.85 ALERT BARRICADE, INC 18386 65.11 AMERICAN EXPRESS CO. 18387 173.88 ASSOCIATED DIESEL 18388 48.98 ASSOCIATED EQUIPMENT CO. 18389 16380.00 AUSTIN CONSTRUCTION 18390 2520.00 BALLEW & ASSOCIATES, INC. 18391 11008.86 BIG / OIL CO. 18392 4186.03 CYNTHIA BLOOD—WILSON 18393 610.40 PAM BRINLEY 18394 100.00 JEFF BROWN 18395 100.00 B.S.I. CONSULTANTS, INC. 18396 1000.00 WILLIAM S. BUCK 18397 ' 300.00 - C.J. TRAFFIC INC. 18398 649.38 CALIF. BOARD OF EQUALIZATIO 18370 195.08 a CALIF. EMPLOYMENT DEVELOPMEN 18399 2914.66 A CALIF. EMPLOYMENT DEVELOPMEN 18400 175.24 A CAPELLO JANITORIAL SUPPLY,IN 18401 597.13 4 CAPITOL LEASING CO. 18402 154.82 4 CAR—TEL AUTO TRUCK ELECTRIC 18403 320.25 A AGENDA ITEM {`NO. `�-� PAGE�,L OF LAKE ELSINORE 90-082 DEMAND/WARRANT REGISTER NO. PAGE NO. 2 DATE 02/28/90 JCHEft NO, PAYEE WARRANT C' X DETAIL OF DEMANDS PRESENTED WRITTEI DESCRIPTION ACCOUNTCHG'D INV. NO. AMOUNT NO. AMOUNT TERESA CHERVENY 18404 150.00 COM SER CO. 18405 2588.31 CONTINENTAL PACIFIC BATTERY 18406 40.48 DANIEL'S TIRE SERVICE 18407 190.04 DIXON WHEEL SERVICE 18408 2076.18 FRED DOMINGUEZ 18409 300.00 EASTMAN KODAK COMPANY 18410 1024.68 ELSINORE OFFICE PRODUCTS 18411 222.76 ELSINORE OFFICE SERVICES 18380 45.00 ELSINORE VALLEY RENTALS 18412 5.50 ELSINORE WATER DISTRICT 18413 50.00 EXPRESS BLUEPRINTING 18414 71.82 FEDERAL EXPRESS CORP. 18415 114.25 FIRST AMERICAN TITLE INS. CO18416 150.00 FIRST TRUST BANK 18378 23014.80 FONTANA PAVING, INC. 18417 427.96 FRED'S ELECTRIC 18418 270.00 FURNESS, MIDDLEBROOK & KAISE 18419 3513.54 G.T.E. CALIFORNIA INC. 18420 2484.49 G.T.E.L. 18421 238.70 TONY GILENSON 18422 100.00 GRAYNER-ROGERS ENGINEERING 18423 3364.00 AGENDA ITEM NO. l0 PAGE OF LAKE ELSINORE 90-082 DEMAND/WARRANT REGISTER NO. PAGE NO. 3 DATE 02/28/90 JCHNo. Na. PAYF— L .AIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV. NO. AMOUNT NO, AMOUNT THE GREENERY 18424 45.00 DAVID A. GUNDERMAN 18425 271.50 HERRERA INTERIORSCAPES 18372 592.56 BOB HICKS TURF 3 EQUIPMENT 18426 274.04 I. B. M. 18427 2002.00 ICMA RETIREMENT TRUST 18428 1134.42 J. & R. LANDSCAPE MAINT., It 18429 465.00 J AND S SIGN CO. 18430 330.00 JOHN'S SERVICE CENTER 18431 30.00 STEV KARVELOT 18432 760.00 VICKI LYNN KASAD 18433 200.00 KLEEN LINE CORPORATION 18434 357.92 KOBATA ASSOCIATES, INC. 18435 1920.00 KOCH MATERIALS COMPANY 18436 164.16 LAKE ELSINORE ANIMAL FRIENDS 18437 t 5181.66 CITY OF LAKE ELSINORE 18379 55332.10 CITY OF LAKE ELSINORE 18377 411.78 LAKE ELSINORE FLORIST & GIFT 18438 632.49 LAKE ELSINORE PIPE & SUPPLY 18439 19.84 LAKE ELSINORE TRAVEL SERVICE 18440 226.00 LEAGUE OF CALIFORNIA CITIES 18441 375.00 LOS ANGELES TIMES 18442 2337.70 AGENDA ITEMINNO• PAGE `-� CIF LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-082 PAGE NO. 4 DATE 02/28/90 'CHER V0. PAYEE WARRANT CF DETAIL OF DEMANDS PRESENTED WRITTEN - DESCRIPTION ACCOUNTCHG'D INV. NO. AMOUNT NO. AMOUNT MAYHALL PRINT SHOP 18443 250.86 > MCI 18444 101.20 > RON MOLENDYK 18445 402.38 MONARCH BROOM & WIRE CORP. 18446 131.75 MORROW PLUMBING 18447 47.00 >' MOTOROLA, INC. 18448 523.50 MR. TIRE SERVICE 18449 858.37 > WILLIAM MURRAY 18450 2700.00 + N. B. S. / LOWRY 18451 2800.00 x R. J. NOBLE COMPANY 18452 l 5.15 A COUNTY OF ORANGE 18453 165.00 s P. E. R. C. 18454 254.00 ; PACIFIC CLAY PRODUCTS, INC. 18455 23.49 R PACIFIC IRRIGATION SUPPLY, I 18456" 22.63 s PAGE TRUCK EQUIPMENT 18457 384.30 s BILL PAYNE 18458 101.69 X THE PLANNING ASSOCIATES 18459 6220.20 a THE PRESS ENTERPRISE 18460 1076.78 x PRICE SECURITY SYSTEMS 18461 1662.50 PRUDENTIAL OVERALL SUPPLY 18462 461.68 + PUBLIC WORKS, INC. 18463 54.47 RIGHTWAY 18464 341.40 x AGENDA Il' EM NO. SAGE � OF� LAKE ELSINORE 90-082 DEMAND/WARRANT REGISTER NO. PAGE NO. 5 DATE 02/28/90 CHER .0. PAYEE L ,IL OF DEMANDS PRESENTED WARRANTCHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV. NO. AMOUNT NO. AMOUNT RIVERSIDE COUNTY FEDERAL 18465 3356.56 x COUNTY OF RIVERSIDE — OFFICE 18466 2550.31 * RIVERSIDE CO. SUPERIOR COURT 18210 35500.00 A RODRIGUEZ DISPOSAL CO. 18467 368.75 + S. C. C. C. A. 18468 25.00 1 BILL SAATHOFF 18469 100.00 m SEARS CATALOG 18371 181.44 o SEERS LUMBER 18470 9.61 A SELECTFORM,INC. 18471 100.56 , SELF JANITORIAL SERVICE 18472 450.00 r SHAMROCK SALES & SERVICE 18473 251.02 , KEVIN SHEAR 18474 173.73 , SIGNAL MAINTENANCE, INC. 18475 413.28 , SINCERE SEWING MACHINE d 18476 8.81 THERESE SMITH 18477 1 42.80 SUN TRIBUNE 18478 791.70 SOUTHERN CALIFORNIA EDISON C 18479 15580.08 BILL STARKEY 18480 300.00 STOCKWELL & BINNEY 18481 114.53 STUDIO 7 ARCHITECTURE/PLANNI 18482 270.00 TEMECULA VALLEY PERSONNEL 18368 1290.00 THOMAS TEMPS 18483 1977.38 AGENDA ITEM NO. u PAGE OFE LAKE ELSINORE 6 PAGE NO. DEMAND/WARRANT REGISTER NO. 90-082 DATE 02/28/90 HER PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHF ' WRITTEN DESCRIPTION ACCOUNT CHO0 INV, NO. AMOUNT NO. AMOUNT THRIFTY DRUG 18376 22.37 * TOOL CO. 18484 3.98 * RUSSELL TOURVILLE CONSTRUCTI 18485 44646.16 * UNITED STATES POSTMASTER 18369 820.00 * UNIVERSAL COACH PARTS INC. 18486 259.23 * CARL WARREN d COMPANY 18487 262.06 * GARY WASHBURN 18488 300.00 * RICHARD WATENPAUGH 18489 200.00 * WESTERN HIGHWAY PROD., INC. 18490 120.80 * WESTLAKE MEDICAL GROUP 18491 1 .00 * AL WILSEY 18492 50.00 * JIM WINKLER 18493 300.00 * RAY WOOD ASSOCIATES 18494 3675.00 * RAY WOOD 18209 300.00 * ZEP MANUFACTURING COMPANY 18495 125.20 * ZUMAR INDUSTRIES 18496 15.94 * HISPANIC HOTLINE 18497 95.00 * SERENDIPITY ART GALLERY 18374 248.04 * FAST FRAME 18375 201.88 * MARY LUEBBERS 3 PATRICIA QUE 18498 18.97 * JOE * VIOLET PUNOS 18499 18.97 * JOE d MARJORIE WILLIAMS 18500 36.82 * AGENDA ITEM(NO. PAGE `U OF (, LAKE ELSINORE 90-082 DEMAND/WARRANT REGISTER NO. PAGE NO. 7 DATE 02/28/90 HER J. PAYEE- DL .L OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNTCHG'D INV. NO. AMOUNT NO. AMOUNT S. THERESA HANYAK 18501 15.00 * ASSOCIATED PUBLIC SAFETY 18502 175.00 * BORGMAN ASSOCIATES PUBLICATI 18503 98.00 * RICHARD & HELEN WARREN 18504 18.97 * ROY & ROSALIE HOLLAND 18505 25.39 * CITRUS BELT CHAPTER- ICBO 18506 75.00 * INLAND EMPIRE MANAGERS ASSOC18507 15.00 * GILLESPIE REPORTING 18508 126.20 * NIXON d EGLI EQUIPMENT 18373 81.44 * TOMAF SPORTS INC 18509 850.00 * HINES CONSTRUCTION 18510 58635.00 * i AGENDA ITEM NO. L PAGE OF—Z-- LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-082 PAGE NO. 8 DATE 02/28/90 HER PAYEE WARRANT CHF DETAIL OF DEMANDS PRESENTED _ WRITTEN DESCRIPTION ACCOUNTCHG'D INV, NO. AMOUNT NO, AMOUNT RITTEN 232694.78 REPAID 118236.49 ACCRUED .Q0 TOTAL 350931.27 RECAP BY FUND RE -PAID RITTEN GENERAL FUND 100 118028.17 127979.98 STATE GAS TAX FUND 110 .00 78195.00 LIGHTING/LANDSCAPE DISTRI130 13.24 17443.68 C.D.B.G. FUND 150 .00 480.00 PARK CAPITAL PROJECTS FU 221 .00 3015.94 L.E.T.S. FUND 450 195.08 5580.18 t AGENDA ITEM NO. PAGE OF �' 1 2 3 4 5 6 7 8 9I 10 11 12 13 14 15 16 17 18 19 20 21 22 SAMUEL E. GABRIEL & ASSOCIATES BY: JAMES GRAFTON RANDALL, ESQUIRE 801 Pacific Ave. Long Beach, CA 90813-4226 (213) 436-9292 Attorney for Plaintiff APPLICATION FOR LATE CLAIM ANN VALLES, ) Claimant, ) VS. ) STATE of CALIFORNIA, COUNTY of) RIVERSIDE, COUNTY OF ORANGE, and CITY) of LAKE ELSINORE, ) Respondents. (._c-=" C/o S Y r+ � M z!AFD IAKt ft iGty �� APPLICATION FOR PERMISSION TO FILE LATE CLAIM PURSUANT TO GOVERNMENT CODE SECTIONS 911.4 TO 912.2, 946.6, 911.6 TO: State of California, County of Riverside, County of Orange, City of Lake Elsinore: I, James Grafton Randall, state as follows: 1. That I am employed with the Law Firm of Samuel E. Gabriel & Associates, and have been assigned the case of Valles 23 < v. Atkinson. et al., that I am licensed to practice before all 24o the courts of this state and the State of Montana; a 25 w 2. That we were retained by Ms. Valles, the mother of the 26 o decedent, Robert Dillon, on or about October 3, 1989, to N a 27 investigate the possibility of pursuing recovery as a result of a 28 0 1 AGENDA ITEM NO. PAGE OFA_ 1 the death of her son, Robert Dillon, who died as the result of 2 an automobile accident on August 8, 1989; 3 3. That it is the procedure of this office, after the 4 clients and/or potential clients have been interviewed, to 5 complete an "interview sheet", which is then in turn assignF- to 6 a paralegal, whose responsibility it is to open up the file, 7 note the relevant dates, and place into the computer all the 8 relevant dates, including but not limited to statute of 9 limitations, six month notices, etc.; 10 4. That since the decedent died on or about August 9, 1989, 11 the paralegal, Gary Poteet, placed in the computer the date of 12 112-2-9011, to allow all parties to know that six month notice 13 should be filed on or before that day; 14 5. That in fact, and upon checking the computer records, it 15 does appear that in fact a notation of 2-2-90 was placed in the 16 computer, under the category as "six month notice" [See Exhibit 17 1 a true and accurate copy is attached hereto and incorporated 18 herein by reference]; 19 6. That the computer is designed to produce a daily action 20 report on a daily basis containing all the relevant dates, 21 including six months notices, statute dates, and any other 22 3 relevant matters placed in the computer; a 23 a 7. That the computer is designed to inform the office of N 1 240 these dates, on a daily basis, and/or, with a reminder the day P 25 H before the required date, so that the proper matters can be a v 26o pursued and taken care of; N a 27 ix 28 2 AGENDA ITEM NO. PAGE OF �� i 1 8. That attached hereto and incorporated herein are the 2 relevant daily action sheets for February 1 through February 7, 3 1990. Unfortunately, due to what can only be perceived as a 4 computer error, the six month date of 2-2-90 did not get caught 5 by the computer, and was not noted on the daily action sheet for 6 the relevant date; 7 9. As stated before, the daily action sheets are designed 8 to reveal the important dates as placed in the computer, and 9 unfortunately, the daily action sheets for the periods described 10 [attached hereto as Exhibit "2" are true and accurate copies of 11 those daily action sheets], the date of 2-2-90 did not come up 12 on the computer action sheets, and therefore, was not detected', 13 by the computer; 14 10. A claim was filed in this matter and served on or 15 about February 22, 1990, apparently two weeks or less from the 16 date that the statutory time expired; 17 11. That good cause exists to relieve the applicant of the 18 six-month statutory period of time and to allow the filing of 19 this late claim, inasmuch as there was excusable neglect, 20 inadvertence, and/or mistake, as a result of what can only be 21 described as "computer error", and that failure of the computer 22 3 to pick up the relevant date and list it on the daily action a 23 Q sheet; 24 o 12. That the applicant is informed and believes and thereon a 25-- alleges that no prejudice can result from the public entity as a a 26 ° result of the expedient manner in which this application for N a 27 late claim was pursued, and furthermore, as a result of the fact m 28 0 3 AGENDA ITEM NO. 17 PAGE—3 OF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 23 24 25 ; i 26 < 27 a 28 c that the late claim application was filed within a matter of only days after the six-month period expired; and finally, inasmuch as there was excusable neglect, mistake, and/or inadvertence resulting in the filing of the claim and 'his application for late claim relief. I declare under penalty of perjury hat the foregoing is true and correct. Executed this (��i/ day of 1990, at Long Beach, California. 0 i AGENDA ITEMi PAGE u OF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 4 ' SAMUEL E. GABRIEL & ASSOCIATES BY: JAMES GRAFTON RANDALL C,F�y,ry �90 801 Pacific Avenue <FR0a,_ Long Beach, CA 90813 G' (213) 436-9292 Attorney for Claimants To: State of California County of Riverside County of Orange City of Lake Elsinore NOTICE OF CLAIM FOR DAMAGES (GOVERNMENT CODE SECTION 911.2 ETC.) PLEASE TAKE NOTICE THAT ANN VALLES, mother of the decedent, ROBERT DILLON, does hereby claim damages against the County of Los Angeles by reason of the following circumstances: 1. Date of Incident: August 8, 1989 2. Place of Incident: SR -74 (Ortega Highway) at or near 03 feet/miles E of 74 RIV 0.00, 0.3 feet/miles E of county line, at or near an unincorporated city, Elsinore judicial district, County of Riverside, beat 11, otherwise known as the Ortega Highway, near the lower San Juan Creek Campground about one mile east of the Orange -Riverside County Line. 3. Facts of Incident: 20 On or about such date, and at or near such place, the claimant's son, Robert Dillon, birth date 9/17/47, was 21 operating a certain 1985 Chevrolet Caprice automobile, California License No. 1MON74, when, as a direct and 22 proximate result of the negligence of Michael Atkinson, date of birth 11/14/55, who, at the time of the incident, was 23 `a operating a 1978 Ford Van, Florida License Plate No. 86464W, w said van believed to be owned by U -Haul, of Florida, and 24 o furthermore, as a direct and proximate result of the negligence of County of Orange, State of California, State of 25-- California, County of Riverside, City of Elsinore, and any all other government entities, and personnel employed by, 26 o directed by, agents of, under the control of, or otherwise < under the responsibility and supervision of, the government IS 27'and/or public entities named herein, including, but not limited to, the negligent design, construction, installation, 28 9 repair, maintenance, supervision, and/or control of that AOI,NDA ITEM NO. RAGE OF 1 FIA 3 certain premises located hereinabove, including but not 4 limited to a portion of said premises extending approximately 2 miles in the direction, including, but not limited to the 5 failure of said public and/or governmental entities to advise, caution, warn, and otherwise provide sufficient 6 knowledge of and notice to motorist on and upon such premises of the dangerous condition of said premises, inc"iding but 7 not limited to dangerous and defective configurations and curves in the road, lack of warning signs, lack of protective 8 devices such as mirrors, barriers, or other warning and/or protective and/or cautionary devices advising motorist of the 9 dangerous and defective curve in the road, including but not limited to a "blind" curve, thus making it difficult, if not 10 impossible for motorists from opposite directions on and upon such premises to avoid head-on collisions with each other, 11and/or other accidents; claimant further alleges that the condition at or near the sight of the accident as described 12 hereinabove, and for a distance of approximately 2 miles in either direction, was dangerous and/or defective, and as 13 such, directly and/or proximately contributed to the accident complained on herein, and that said premises, road, highway, 14 and/or street, lacked proper superelevation, otherwise known as "banking", that said superelevation was not consistent 15 across the roadway, and that the lack of superelevation prevented a driver entering a curve in the road from 16 ascertaining the existence of the change of the superelevation, thereby preventing the driver from 17 determining the proper speed to negotiate the curb; furthermore, claimant contends that the government entity 18 and/or public entities, and their employees, agents, and/or servants, are further responsible for the death of her son, 19 as a direct and proximate result of the failure of the governmental/public entities to provide warning signs of the 20 dangerous, hazardous and defective conditions of the roadways, described herein, and as discovery will further 21 disclose upon further investigation of this incident, particularly since such dangerous condition would not have 22 3been. reasonably apparent to, nor have been anticipated by, a g person using the highway with due care. 23 `a w Plaintiff further alleges that the public/governmental 24aentities named herein, and those which may be disclosed upon Z further investigation and discovery in this matter, were on 25 --actual and/or constructive notice of the dangerous condition uin the roadway, furthermore, claimant believes and thereon 260. alleges that such conditions had existed for a period of time a and was of such an obvious nature that the public entity, in 27'4 the exercise of due care, knew, and/or in the exercise of reasonable diligence should have known of the condition and 28c its dangerous character in sufficient time prior to the date AGENDA ITEM NO. :1,� PAGE r OF 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 of the incident herein alleged to have provided warning, cautions, and/or other advice to oncoming motorist, and furthermore, claimant further alleges that the public/governmental entities herein name, and others which may be disclosed upon further investigation and discovery, could have and/or, in the exercise of reasonable diligence would have discovered the dangerous condition if the govern...ant/public entities would have performed a reasonable inspection prior to the date of this incident. As a direct and proximate result of the negligence of the public/ governmental entities and their employees, as designated herein, including but not limited to the acts and/or omissions of said entities as set forth herein, including but not limited to the failure to properly mark, designate, advise, caution, warn, and/or otherwise provide notice to motorists of the curve in the road, and of the danger of on -coming motorists, and of the other dangerous and/or defective conditions as set forth herein, claimant's son, Robert Dillon, was struck head-on by Michael Atchinson, on the date set forth hereinabove, directly and proximately' resulting in the death of Robert Dillon. Damages: As a direct and proximate result of the conduct of the public entities as designated herein, and their employees, agents and/or servants and as discovery and/or investigation will further disclose, the claimant seeks damages for the wrongful death of her son, in accordance with the provisions of Code of Civil Procedure Section 377, Probate Code Section 573, including but not limited to present value of future contributions; the value of personal service, advice and timing that would have probably have been given; the value of the decedent's society and companionship; medical expenses incurred up to and prior to the death of the decedent; and, the pain and suffering endured by the decedent, prior to his death. 23< 5. Address of the Claimant: N T 24 o 801 Pacific Avenue `a Long Beach, California 90813 25 W 6. Right to Amend Claim: 26 0 a Claimant reserves the right to amend this claim, as this 27 `matter is in its nascent stages, and further discovery, investigation, and/or other matters may disclose different 28 theories, facts, elements of damages, or other matters w ich AGENDA ITEM NO. PAGE OF 1 2 3 may substantially and/or materially change this particular 4 claim. This claim is submitted at this time to the public entities, as designated herein, in order to advise the 5 entities of the intent of the claimant to seek civil recovery of damages against said entities, and, in an attempt to 6 comply with the provisions of Government Code Sections 910. et seq. 7 Dated: 2-21-90 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2211 23 `a 24 0 a 25 W a U 260. a 27 !` m 28 AGENDA ITE, r PAGE. OF REPORT TO CITY COUNCIL MARCH 13, 1990 SUBJECT: ADOPTING A RESOLUTION ESTABLISHING A DISADVANTAGE BUSINESS ENTERPRISE (DBE) PROGRAM PREPARED BY: APPROVED: �, K",E ✓ Ray O'Donnell Ron Kirchner Senior Civil Engineer Director of Public C .��Services APPROVED: /<JlJ n� p/n/e AAAA Ron Molendyk City Manager The 1987 Surface Transportation and Uniform Relocation Assistance Act (STURAA) stipulates there will no longer be a need for separate DBE and WBE goals. For this reason, the City has been instructed to update its DBE program to include the new requirements and adopt a resolution dealing with the updated requirements. SUMMARY The existing DBE program has been reviewed and updated (Ref. Exhibit "A"). Also attached is the necessary resolution to implement the new program (Ref. Exhibit "B"). FISCAL IMPACT None RECOMMENDATION 1. Staff recommends that the City Council adopt the attached resolution. 2. Authorize the City Clerk to record said document. fi.GEPDA ITEM NO. PAGE OF / W DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE I. Policy Statement It is the policy of the City of Lake Elsinore to utilize Disadvantaged Business Enterprises (DBE) and firms as defined in 49CFR Part 23 in all aspects of contracting to the maximum extent feasible. This policy which is fully described herein constitutes policy and commitment to substantially increase DBE Utilization in all program activities funded wholly or in part by any U.S. Department of Transportation model element. This agency, its contractors and subcontractors, which are the recipients of Federal -aid funds, agree to ensure DBE firms have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, this Agency and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR 23 to ensure that DBE and firms have the maximum opportunity to compete for and perform contracts. Ron Molendyk, City Manager CITY OF LAKE ELSINORE AGENDA ITEM NO. EXHIBIT A PAGE a Orr �T II. Disadvantaged Business_ Enterprise (DBE) Liaison Officer Ron Kirchner, City Engineer for the City of Lake Elsinore is the DBE Liaison Officer for this agency and shall report to the City Manager. He will be assigned such staff as is necessary to fully implement the provision of 49CFR Part 23 and such other DBE programs as may be required. The reporting structure and duties of support staff are shown on Attachment A. III. Duties of the DBE Liaison Officer The DBE Liaison Officer shall develop, manage and implement the DBE Program on a day-to-day basis. The Liaison Officer shall: o Develop and carry out technical assistance programs for DBE's. o Arrange solicitations, time for the presentation of bids, quantities, specifications, and delivery schedules so as, to facilitate the participation of DBE's. Where such changes are found necessary to increase DBE utilization, they will be made in consultation and cooperation with the functional unit involved. AGENDA ITEM NO. PAGE o Provide guidance to DBE's in overcoming barriers, such as inability to obtain bonding or financing. o Carry out information and communication programs on contracting opportunities in a timely manner. Programs shall be bilingual where appropriate. o Investigate the services offered by banks owned and controlled by Disadvantaged Business Enterprises. o Unless noted elsewhere herein the listing of DBE's certified by Caltrans will be utilized. Said listing is to be made available to all project bidders. Such listing will include the following information: Name, address, telephone number, ethnic and/or sexual ownership, type of work performed by firm. o Prior to approval of the substitution of any DBE sub -contractor, the prime contractors will be required to prove performance of good faith efforts to replace the DBE with another eligible DBE. o Establish a DBE overall annual goal. The goal shall be evaluated annually and adjusted as necessary. o Establish an appropriate individual project DBE goal for each Federal Project advertised. o Perform good faith analysis when the project goal is not achieved. o Maintain such documentation as is necessary to verify performance of all activities included in this program. IV. Public Notification 1. At the time of submittal of this program to the State Department of Transportation, a notice in both minority and majority local media will be published. Said publication shall include: o The annual overall DBE goal. o Notification that a description of how the goal was set is available for public inspection for a period of 30 days. AGEWA ITEM NO.� PAGE OF / V. r-- o Notification that both U.S. DOT and this agency will accept comments on the goal for 45 days from the date of the notice. The notice shall advise interested parties that comments are for information purposes only. 2. This.program will be reaffirmed by public notice annually at the time of publication of overall goal. If substantial changes are made to this document, the entire document shall be subject to notification noted in (1) above. 3. In addition to the foregoing, interested disadvantaged and majority contractor organizations will receive direct mailings of this complete program. Establishment of Goal 1. The DBE goal will be established both annually (overall) and on a per contract basis. The overall goal will be based on planned contract activity for the coming year. The overall goal established will be subject to methodology and procedures established in 49CFR 23, Subparts (C) and (D) and take effect on October 1st of each year. 2. The overall DBE goal established with this initial program is 10% and covers the period October 1, 1989 to September 30, 1990. AGENDA ITEM NO. PAGE OF �, 3. Individual project goals will be established based on the following criteria: o Attainment of established overall goals. o Size of project. o Opportunities for DBE's as subcontractors, vendors, and suppliers. o Minority population of geographic area in which work is to be performed. o DBE goals being utilized in the geographic area by other State, Federal or local jurisdictions. o Availability of certified DBE's. o Past experience on projects similar to the project being evaluated. o Such other factors as may effect the utilization of DBE's Complete evaluation documentation will be retained for each project. 4. Projects which do not contain a specific goal will contain the following provisions: A. "Policy. It is the policy of the Department of Transpor- tation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFE Part 23 apply to this agreement." . PACS & QF_14 B. DBE Obligation. (i) The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their _ contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts." VI. Contract Procedure This program shall be implemented through the utilization of a contract special provision which will be provided/updated as necessary by Caltrans' Division of Local Streets and Roads. These procedures require bidders to submit the names of DBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each DBE subactivity. AaCi�OA ITEM NO. pRCE_�Z— OF—L.�_ VII. DBE Notification Projects will be advertised in local newspapers and minority focus newspapers when possible. These ads will include reference to DBE requirements and will indicate the DBE project goal. DBE supportive service assistance centers will receive notification of projects scheduled to be advertised. Such Centers, will be afforded the opportunity to receive complimentary plans and specifications for projects within their geographical area of responsibility. VIII. Selection Criteria for Projects with DBE Goal Every project containing a DBE goal shall be evaluated by the DBE Liaison Officer or his/her designee to ascertain bidding contractors' efforts to attain the DBE goal. The award of any project must be concurred with by the DBE Liaison Officer or his/her designee before said contract may be awarded. Should there be disagreement between functional units concerning contractors' efforts to attain contract goals for DBE participation, the matter shall be referred to the City Manager or his/her designee, for final determination. Competitors that fail to meet the DBE goal and fail.to demonstrate sufficient reasonable good faith efforts shall be declared non-responsive and ineligible for award of the contract. U.cn3JA : y' -M N0. v PACE __F®OF�� All contracts that contain a DBE goal, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The DBE Liaison Officer is to be immediately advised of any circumstances wherein contractor compliance with the DBE provision is questionable. The contractor shall submit a final report for each project. which includes total payments to the prime contractor as well as any payments. The prime contractor has made to DBE subcontractors, vendors and suppliers. If the report indicates the prime contractor has not achieved the project goal, project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goal and any corrective action that was taken. Prime contractors will be required to notify the Agency of any situation in which regularly scheduled progress payments are not made to DBE subcontractors, vendors or suppliers. IX. Set -Asides If determined necessary by the DBE Liaison Officer, DBE Set -Asides will be considered as a tool to achieve annual overall goals. W D r -n X. Counting DBE Participants This Agency, its contractors, and subcontractors shall count DBE participation in accordance with the provisions of Section 23.47, Title 49, of the Code of Federal Regulations. XZ. Records and Reports 1. The DBE Liaison Officer shall maintain such records, and provide such reports, as are necessary to ensure full compliance with this policy. Such records and reports shall include, as a minimum, the following information: o Awards to DBE's. o Awards to majority contractors. o Final project reports concerning DBE utilization. o Such other data as is needed to fully evaluate compliance with this program. 2. The DBE Liaison officer shall submit reports to Caltrans and/or to the appropriate U.S. DOT element as required. These reports will include: o Number and dollar value of contracts awarded. o Number and dollar value of contracts and subcontracts awarded to DBE's. 0 Description of general categories of contracts awarded to DBE's. o The percentage of the dollar value of all contracts awarded during the year which were awarded to DBE's. o Indication as to the extent of which the percentage met or exceeded the overall goal. o Reports shall be broken down separately by ethnic grouping. XII. Complaints Any complaints received by the Agency concerning this program will be investigated by the City of Lake Elsinore. The City will endeavor to resolve said complaints within 90 days of receipt by the DBE Liaison Officer. The appropriate DOT element and Caltrans will be furnished a copy of the complaint and may be invited to participate in the investigation/ resolution. The DOT element and Caltrans will receive a complete investigative report on the complaint and maybe requested to concur in the proposed disposition of said complaint. Contractors will be directed to notify the Agency of any complaints they may receive concerning this program. ol,kCsM // —�F/ ATTACHMENT "All Organization Chart Duties CITY MANAGER Insure that DBE Policy is imple- mented as adopted by City Council. Ron Molendyk Take appropriate action to resolve disagreement. LIAISON OFFICER See Section III of Policy. Ron Kirchner PUBLIC WORKS Assist the Liaison Officer in INSPECTOR insuring contractor compliance through receiving reports and taking interviews the making field observations and keeping records in daily diary of contract activities. PAGE -L -2 -OF SIL ATTACHMENT B The City of Lake Elsinore has set the following annual goals for participation in projects receiving U.S. Dot Funds by DBE contractors for the period October 1, 1989 through September 30, 1990. DBE: 10%. These goals are based on the following: 1. Number and types of contracts to be awarded. 1 - Construct a bridge over the San Jacinto River. 1 - Resurfacing Lakeshore Drive. 2. Number and types of DBE contractors likely to be available to compete for contracts. 5 - Paving, concrete, grading. �-r Yi .i:Y.:+tVPY eTE.M NO—L. PAGE RESOLUTION NO. g0-10 A RESOLUTION OF THE CITY OF LAKE ELSINORE ESTABLISHING A DISADVANTAGE BUSINESS ENTERPRISE (DBE) PROGRAM AND APPOINTING A DBE LIAISON OFFICER AND ESTABLISHING DBE GOALS WHEREAS, 49 CFR Part 23 heretofore requires a Disadvantage Enterprises (DBE) Program for recipients of Department of Transportation funds; and WHEREAS, the Federal Register states that all sub -recipients of department of Transportation funds must prepare their own DBE Program and WHEREAS, the City of Lake Elsinore intends to be a sub -recipient of Department transportation funds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows: 1. The City hereby adopts the DBE Program, which is attached hereto and made a part of this resolution; 2. The City Engineer, Ron Kirchner, is hereby appointed as the DBE Liaison Officer whose duties and responsibilities are defined in the DBE Program; 3. The following DBE goals are established for the period of October 1, 1989 to September 30, 1990: Disadvantage Business : 10% APPROVED AND ADOPTED this 13th day of March, 1990, by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: JIM WINKLER, MAYOR CITY OF LAKE ELSINORE ATTEST: VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPER, CITY ATTORNEY EXHIBIT B "AGE / z OF /-�z _ REPORT TO CITY COUNCIL DATE: MARCH 13, 1990 SUBJECT: APPROVAL OF THE NEW SOLID WASTE MANAGEMENT ADVISORY COUNCIL PREPARED BY:/[Itti7 APPROVED BY: Ra O'Donnell Ron Kirchner Senior Civil Engineer Director of Public Services APPROVED BY: 6 & Ron Molendyk City Manager BACKGROUND The County Board of Supervisors adopted and approved Resolution No. 89-636 on December 19, 1989. This resolution broadens the base of the County Solid Waste Management Advisory Council to include greater city involvement and participation in County Solid Waste planning activities. It also serves as the Countywide Task Force which is required under the new recycling law. SUMMARY This action is required to promote greater City/County cooperaton and coordination in the development of future recycling, source reduction elements, and siting elements of the new County Integrated Solid Waste Management Plan. AB 939, passed by the legislature in September 1989, required the formation of this new "Task Force" by March 1, 1990. The action proposed retains the use of all the active membership participants of the existing Solid Waste Management Advisory Council and expands it to include other interests. RECOMMENDATION 1. Approve the new Solid Waste Management Advisory Council, as modified through Resolution No. 89-636. Aca:NDA ITEM, N0-3._...-- PAGE 0.3._...-- PAGcOF 02/14/90 10:09 RIV CO WASTE MGMT P.01 six ONE w TWO R9SOLUTION NO. 89-636 or SOLID WASTE MANAGEMENT ADVISORY COUNCIL (Mandate of AB 939) appointed by Board of Supervisorss Member of Board -- Pres. of Council - no vote sone appointment from each Supervisorial District appointed by each City Council (2) representing ove 100,000 population appointed by CVAC TWO appointed by WRAG ONE appointed by institute of Scrap Recycling Industry TWO appointed by Board of Directors of Co. Dept. Development - THREE refuse haulers appointed by the San Bernardino and Riverside Counties Disposal Association *One liquid waste hauler *Two refuse haulers TWO agricultural representatives appointed by the Rivers/ County farm Bureau ONE appointedside Suh.reCouncil yors Association ` PAGE -L -OF ,02(14/90 10:11 RIU CO WASTE MGMT P.OE 1 2 3 4 5 6 7 8I 9' 10 11 12 13 14 15 A U ! 17! J 18 S 1g 20 21 22 23 24 25 26 27 2e BOARD OF SUPERVISORS COUNTY OF RIVERSIDE RESOLUTION NO. 89-636 ESTABLISHING A SOLID WASTE MANAGEMENT ADVISORY COUNCIL & RESCINDING RESOLUTION NO, 87-501 BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of Riverside, State of California, in regular session assembled on December 19, 1989, that there is hereby established a Solid Waste Management Advisory Council as follows: 1. Functions a. The Solid Waste Management Advisory Council, herein called Council, shall study, review, evaluate and make recommendations to the Board of Supervisors, herein called Board, relative to the preparation and future revisions of the County- wide Integrated Waste Management Plan, which shall include source reduction, and recycling elements, and other elements required by the State to be prepared under the guidance of a new County "Task Force" as set forth in AB 939: (Chapter 1095 of the statutes for 1989) including any environmental impact reports in connection therewith, coordination with Cities on waste management issues, and solid waste management in general. The Council shall file its reports and recommendations with the Board of Supervisors for its consideration and action. The Board may refer back to the Council, as directed by the Board, any proposals and recommendations made by the Council, after action or approval of the Board. ft bwft B oe#dd to to s bw Ow 01 heel MW &V &doom by "4 5wd of swop vtoomm the date tth.n4: vChWeLg.1384 / 1�1'K'o .CkttrdaNdBosrd :?�aE��:r� iTc.,S •>�.D�C PAGE 4 02/14/90 10:11 RIV CO WASTE MGMT P.05 1 2 3 5 b 7'I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2411 25 26 27 28 b. The Council may establish committees as necessary to gather knowledge and expertise in areas pertaining to Solid Waste Management. 2. Membership. a. The Council shall consist of a minimum of 22 members as follows: i (1) Six persons shall be appointed by the Board and such appointments shall include one member of the � Board (who shall serve as president of the Council, but shall have no vote) and one person from each Supervisorial District. { (2) One person who is appointed by the City Council of each City whose population is certified by that Council to exceed 100,000 at the time of appointment. i (3) Two persons who shall be appointed by the Coachella Valley Association of Governments to represent the Cities of Eastern Riverside County not otherwise represented on the Council. (4) Two persons who shall be appointed by Western Riverside Association of Governments to represent the Cities of Western Riverside County not otherwise represented on the Council. (5) One member shall be appointed by the Institute of Scrap Recycling Industries. 02/14/90 10:10 RIV CO WASTE MGMT P.04 1 (6) One member of the environmental community 2 interested in matters of waste management who shall 3 be nominated by the Chairman of the County Board of 4 Supervisors and approved by a majority of the County Board o_' Supervisors. 5 (7) Two persons, who are industry representatives, 6 shall be appointed by the Board of Directors of the 7 County Department of Development. S (8) Three persons, two who are refuse haulers and one 9 who is a liquid waste hauler, shall be appointed by 10 the San Bernardino and Riverside Counties Disposal 11 Association. 12 (9) Two persons, who are agricultural representatives, 13 shall be appointed by the Riverside County Farm 14 Bureau, Inc. 15 (10) One person shall be appointed by the Riverside 16 Chapter of the California Council of Civil 17 Engineers and Land Surveyors Association. Z8 b. As vacancies occur within the membership 19 appointments allocated hereinabove, appointments shall be made by 20 the concerned appointing authority to fill such vacancies. 21 C. Each appointing authority may appoint an alternate 22 Council Member to serve upon sub -committees or represent their 23 appointing authority during Council meetings in the absence of the 24 primary Council Member. 25 3. Staff Assistance. The County Administrative Officer, 28 the County Health Officer, the County Planning Director and the 27 Director of Waste Management or their designated representatives, 28 /// C 02/14/90 10:10 RIU CO WASTE MGMT P.03 i 1 shall each serve as ex officio members but shall have no vote. 2 They shall provide such technical assistance an may be required or j I 3 deemed necessary by the Council. The Director of Waste Management i 4 : shall act as secretary of the Council and shall keep its t ords j 5 and transmit its recommendations and reports, and shall provide such staff assistance as may be needed by the Council. The 8 7 Director of Waste Management shall act as administrator of the ` County Solid Waste Management Plan and the County -wide 8 i 9 Integrated Waste Management Plan and shall be authorized to perform those functions that require, findings of conformance, 10 County determination of need and necessity, implementation of goal 11 and policies, and other duties required to meet State and Federal 22 Rules and Regulations. 13 4. Reimbursement of Expenses, Reimbursement for the voting 14 members' actual and necessary expenses while carrying out the 15 duties of the Council shall be as provided in section 9 of County 16 Ordinance No. 440. 17 S. Vacancies. A vacancy shall be deemed to exist upon the 18 resignation or death of a member, or when a member has failed to 19 attend three consecutive meeting and such absence has not been 24 excused by the Council. A report thereof shall be made by or on 21 behalf of the Council to the concerned appointing authority. 22 6. Removal of a Member. Members of the Council shall serve 23 at the pleasure of the concerned appointing authority, and may be 24 removed at any time by such appointing authority. 25 7. Officers. 26 a, The members of the Council shall elect one of its 27 members to serve as vice president, 25 -4- 02/14/90 10:09 RIV CC WASTE MGMT P.02 I 1 b. The president shall preside at all Council meetings, 2 exercise general supervision of the affairs and activities of the 3 Council, and serve as an ex officio member of all Council 4 committees. The chairman shall appoint from Council membership a chairperson and committee personnel to serve on each committee 5 established pursuant to this resolution. 6 C. The vice president shall assume the duties and 7 powers of the president in the event of the president's absence. S d. In the event of the president's and the vice 9 president's absence, the secretary shall supervise the election a 10 president pro tempore. 11 S. Ouorum. A quorum shall consist of eleven members. Any 12 action of the Council shall require affirmative votes of not less 13 than a quorum, except that less than a quorum may adjourn a 14 meeting sine die or to a specified time and place. 15 g, Meetings. The Council shall hold regular meetings at 16 such times and places within the County of Riverside as may be 17 designated by the president or the Council. The calling, giving 18 notice and conducting of meetings shall be in accordance with the 14 Ralph M. Brown Act (Section 54850 at seg. of the Government Code) 20 and as ordered by the president of the Council or as directed by a 21 majority of a quorum. 22 BE IT FURTHER RESOLVED AND ORDERED that Resolution No. 23 87-501 and any and all prior resolutions and orders adopted by 24 this Board relating to the establishment, organization and 25 functions of a Solid waste Management Advisory Council are hereby 26 rescinded. 27 Roll Call resulted as follows: Ayess Abraham, Dunlap, Larson, Younglove and Ceniceros 28 Noes: None Absent: None C 0 REPORT TO CITY COUNCIL MARCH 13, 1990 SUBJECT: NOTICE OF COMPLETION FOR THE LAKE COMMUNITY CENTER PROJECT PREPARED BY: GfJ w APPROVED:_ -L es R. King Ron Kirchner ssociate Civil Engineer Director of Public Services i APPROVED: �-� a Ron Mol ndyk City Manager The project was authorized by the City Council on October 24, 1989 and budgeted in Capital Project Account 4802. The work consisted of installing ceiling tile and renovating the interior of the front offices of the Community Center. SUMMARY The contractor has completed the work as specified in the contract on February 12, 1990. FISCAL IMPACT The total amount of the construction cost was $25,020.00. 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. �M�� RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO F Name Street Ad:ress Cay & LState 1_ 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 onFe b r u a r y 12 , 19 9 0 The work done was: To install ceiling tile and renovate the front offices 7. The name of the contractor, if any, for such work of improvement was R u s s e 11 To u r v i l l e Construction October 24, 1989 (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 Elsinore County of R i v P r s i d P State of California, and is described as follows: Lake Community Center Project 9. The street address of said property is Dated: Verification for Individual Owner (It 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 1, the undersigned, say: I am the 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 I�NT'2- Ca 19 at- (Date t California. (Date of signature.) ^rnI (City where signed.) 1 L (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) F.: EPdE7 � iTEM, ttiO. �o NOTICE OF COMPLETION-WOLCCTTS FORM 1114 -REV. 6.74 8 pt. type or larger REPORT TO CITY COUNCIL MARCH 13, 1990 SUBJECT: NOTICE OF COMPLETION FOR THE MACHADO STREET WIDENING II PROJECT (32172 MACHADO) PREPARED BY:� APPROVED: & �� Jd es R. King Ron.Kirchner Associate Civil Engineer Director of Public Services APPROVED • (;'— Ron Molendyk City Manager BACKGROUND - The project was authorized by the City Council on September 12, 1989 and budgeted in Capital Project Account 4821. The work consisted of constructing curb and gutter, sidewalk, two driveways, and asphalt paving. SUMMARY The contractor has completed the work as specified in the contract on January 30, 1990. FISCAL IMPACT The total amount of the construction cost was $39,479.75. 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. aC-PMDA ITEM iUCI / t RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO F 7 Name Street Address City & LState t_ 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 it omer man tee, 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 30,— 1990 The work done was: Constructing curb and gutter, sidewalk and two driveways and pavetrjent. 1. The name D the contractor, if any, for such work of improvement was G. M. G. Construction (If no contractor for work of improvement as a ' wno!e, insert none.1 September 12 1989 (Date of Contract) 8. The property on which said work of improvement was completed is in the city of Lake El s i none County of Riverside , State of California, and is described as follows: Machado Street Wideninn TT Prniprt 9. The street address of said property is 32172 Machado Dated: Verification for Individual Owner If no street address has been officially assigned, insert "none") VERIFICATION Signature of owner at corporate officer of owner named in paragraph 2 or his agent I, the undersigned, say: I am the Director of Public Services the declarant of the foregoing ('President of "-yanager 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 k4 e, 12 ,19-2, at 11040 GiSQ �, o (Date of signature.), California. .. - (City where signed.) (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) ; r'l—aN 7A 17,EM ',do. j—, NOTICE OF COMPLETION-WOLCCTTS FORM 11 t4-REl 6.74 PAGE -� Qr_ 9 ot. tvoe or larger M.TalZi]ulmvtiZ� =01i111W*491 MARCH 13, 1990 SUBJECT: NOTICE OF COMPLETION FOR THE MACHADO STREET LANDSCAPING PROJECT PREPARED BY: jowa APPROVED: �, K .� J es R. King Ron Kirchner Associate Civil Engineer Director of Public Services APPROVED: 6; q Ron Molendyk City Manager BACKGROUND The project was authorized by the City Council on September 26, 1989, and budgeted in Capital Project Account 4826. The work consisted of providing installation of irrigation systems and park strip landscaping along selected areas of Machado Street. SUMMARY The contractor has completed the work as specified in the contract on February 16, 1990. FISCAL IMPACT The total amount of the construction cost was $78,021.00. 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. -- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO F Name Street Ad:ress City & State L � J 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 30 . 1 99QThe work done was: Con2structing curb and gutter, sidewalk and two driveways and 1. The Fame ofhe contractor, if any, for such work of improvement was G. M. G. Construction September 12 1989 (If no contractor for work of improvement as a whole, insert "none".) (Dale of Contract) 8. The property on which said work of improvement was completed is in the city of Lake El s 1 nor e County of P i v P r c i d P State of California, and is described as follows: Machado Street Wideninq II Project 9. The street address of said property is 12172 Machado (If no street address has been officially assigned, insert -mme'a Dated: verification for Individual owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIMATION i, the undersigned, say: I am the 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 1�f�4� ,19-2-0— atCalifornia. (Date of signature.) -- (City where signed.) (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) 9a� PACE NOTICE OF COMPLETION—VVOLCCTTS FORM 1, M —R Ev. 6-74 8 pt. type or larger REPORT TO CITY COUNCIL MARCH 13, 1990 SUBJECT: ACCEPTANCE OF HOLD HARMLESS AGREEMENT, 16900 WELLS AVENUE PREPARED BY:APPROVED: J es R. King Ron Kirchner Associate Civil Engineer Director of Public Services APPROVED: 62" Ron Molendyk City Manager BACKGROUND This project was approved by Minor Design Review on July 19, 1989. It was conditioned to supply the City with a hold harmless agreement in regard to future natural flooding which may occur. SUMMARY As part of the conditions, the applicant has submitted the required form and has met the satisfaction of the Engineering Department. (Ref. Attachment "A"). FISCAL IMPACT None RECOMMENDATION 1. Staff recommends that the City Council accept the document for recordation. 2. Authorize the City Clerk to record said document. RGE,gDA CF �J [�'A�C V. ���•nw" Recording requested by: CITY of LAKE ELSINORE, a municipal corporation When recorded, mail to: CITY of LAKE ELSINORE 130 South Main Street Lake Elsinore, California 92330 AGREEMENT to HOLD HARMLESS TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, Greeting: Know Ye That Julius P. AROCHA, for and in consideration of granting a building permit for construction of a single family residence upon the real property hereafter described, does and by these presents agrees to Release and Hold Harmless the City of Lake Elsinore, a municipal corporation, Riverside County, State of California and its assigns from all manner of actions and causes of action arising from natural flooding of that certain real property described below as may occur from adjacent public rights of way, specifically Wells Avenue and Pope Circle. Lot 544 of Country Club Heights Unit A, as recorded in Book 16 pages 59 through 61 inclusive of Maps, Records of Riverside County, California. The property is now also known as 16900 Wells Avenue, Lake Elsinore, California. APN: 378-254-045 Acceptance of this agreement by the City of Lake Elsinore can be signified by written acceptance or by simply publicly recording this Agreement with the County Recorder. Cy� Julius P. AROCHA Date: August 29, 1989 STATE OF CALIFORNIA) )SS COUNTY OF ORANGE ) On August 29, 1989 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Julius P. AROCHA, (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. ATTACHMENT A PACS 9 GF._ OFFICIAL SEAL JOHN Y 5 HOWO "moa. • ^ NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY Ny comm. expires SEP 21, 1992 i 1 ATTACHMENT A PACS 9 GF._ REPORT TO CITY COUNCIL MARCH 13, 1990 SUBJECT: ACCEPTANCE OF GRANT DEEDS FOR THE PURPOSE OF STREET RIGHT-OF-WAY DEDICATIONS PREPARED BY:� APPROVED: F--� 1 Jqvffes R. King Ron Kirchner Associate Civil Engineer Director of Public �j Services APPROVED: Ron Molendyk City Manager BACKGROUND These projects were approved by the Design Review Board and conditioned to dedicate the additional street right-of-way as required by the General Plan to the City or its assignees. SUMMARY The following attachments are copies of the documents dedicating the required street right-of-way, thereby satisfying the Engineering Department condition. CITY PROJECT PURPOSE Attachment "A" SFR 780 Acacia 5 ft. street dedication Attachment "B" SFR 790 Acacia 5 ft. street dedication FISCAL IMPACT None RECOMMENDATION 1. Staff recommends that the City Council accept documents for recordation. 2. Authorize the City Clerk to record said documents on behalf of the City. Aiiri'4jA 1 a EN 6 l � RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO. ,1 CITY OF LAKE ELSINORE STREET A municipal corporation ADD.rcSS OW, 130 South Main Street 7-ElI_Lake Elsinore, CA 92330 PP M. SPACE ABOVE THIS LINE FOR RECORDER'S USE THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, r •:� • • I u v r�• : I v : • • la hereby GRANT(S) to CITY OF LAKE ELSINORE the following described real property in the CITY OF LAKE ELSINORE County of RIVERSIDE State of California: THE NORTFIERLY (5) FIVE FEET OF LOT 14 OF ODUNTRY CLUB HEIGIITS, UNIT NO. 6 AS SHa'IN BY MAP ON FILE IN BOOK 12 PAGE 68 OF MAPS OF RIVERSIDE COUNTY, CALIFORNIA. FOR THE PURPOSE OF 5.0 FOOT STREET DEDICATION ADDRESS: 780 ACACIA STREET APN: 373-182-014 Dated February 22, 1990 STATE OF CALIFORNIA SS COUNTYOF RivPrgide On February 221990 before me, the undersigned. a Notary Public in and for said State. personalty appeared Tony f_ Crhiavnna Catherine J. Schiavone know to me (or proved to me on the basis of sotisfoctory evidence) to be the person whose name..] subscribed to the within inshument a acknowledged that they executed the same. WfrNESS m h nd an official Signature Vicki Lvnne'Kak§ed Title Order No Schiavone r Catherine J.Schiavone (This area for official notarial seal) Escrow or Loan No - I I 1 `¢S�.a T5, 1 i 4:.:..:i 746 -e ATTACHMENT A PACS OFFICIAL SEAL I LYNNE VICKI LYNNE KASAD S ,5 NOTARY PUS, iC -CAI • ; .� j RIVERSIDE CAUPITY E"Y mmm. expires MAR <"7, :;_2y (This area for official notarial seal) Escrow or Loan No - I I 1 `¢S�.a T5, 1 i 4:.:..:i 746 -e ATTACHMENT A PACS REPORT TO CITY COUNCIL MARCH 13, 1990 SUBJECT: ACCEPTANCE OF GRANT DEEDS FOR THE PURPOSE OF STREET RIGHT-OF-WAY DEDICATIONS PREPARED BY: 7 APPROVED:_ Q.pw JoffeS R. King Ron Kirchner Associate Civil Engineer Director of Public ,Services APPROVED: Ron Molendyk City Manager BACKGROUND These projects were approved by the Design Review Board and conditioned to dedicate the additional street right-of-way as required by the General Plan to the City or its assignees. SUMMARY The following attachments are copies of the documents dedicating the required street right-of-way, thereby satisfying the Engineering Department condition. CITY PROJECT PURPOSE Attachment "A" SFR 780 Acacia 5 ft. street dedication Attachment "B" SFR 790 Acacia 5 ft. street dedication FISCAL IMPACT None 1. Staff recommends that the City Council accept documents for recordation. 2. Authorize the City Clerk to record said documents on behalf of the City. AG RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO'. " CITY OF LAKE ELSINORE SmEET A municipal corporation Aflor:Ess CT 130 South Main Street STATE Lake Elsinore, CA 92330 ZIP SPACE ABOVE THIS LINE FOR RECORDER'S USE C'•�i •SID• THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ - ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to CITY OF LAKE ELSINORE the following described real property in the CITY OF LAKE ELSINORE County of RIVERSIDE State of California: THE NORTHERLY (5) FIVE FEET OF LOT 14 OF COUNTRY CLUB HEIGHTS, UNIT NO. 6 AS SHOVIN BY MAP ON FILE IN BOOK 12 PAGE 68 OF MAPS OF RIVERSIDE COUNTY, CALIFORNIA. FOR TFE PURPOSE OF 5.0 FOOT STREET DEDICATION ADDRESS: 780 ACACIA STREET APN: 373-182-014 Doted February 22, 1990 STATE OF CAUFORMA } ss couNTvoF Riverside ) On February 22 1990.before me, the undersigned, a Notary Public in and forsaid State, personalty appeared Catherine J. Schiavone personally know to me (or proved to me on the basis of satisfactory evidence) to be the= whose name subscribed to the within instrument a acknowledged that they executed the Same. NATNEss mh nd an ficial Signature Title Order No any SChia one 1 Catherine J: Schiavone OFFICIALSEAL VICKI LYNNE KASAD a NOTARY PUBLIC - CAt_IP,. RIVERSIDE DOUrfry 67y comm. esgires NAR 27, 'S°2 (This area for official notarial seal) Escrow or Loon No - - 1 Tipp ATTACHMENT A RECORDING REQUESTED BY AND WHEN RECORDED VAIL THIS DEED AND. UNLESS'. OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO: 'CITY OF LAKE ELSINORE SmEEr A municipal corporation Ano—` C,ry 130 South Main Street STZ, [Lake Elsinore, CA 92330 J SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) , . DOCUMENTARY TRANSFER TAX is S D computed on full value of property conveyed, or 'D computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, r ♦�• rl u w I�•�I •�• rla� hereby GRANT(S)to CITY OF LAKE ELSINORE the following described real property in the CITY OF LAKE ELSINORE County of RIVERSIDE State of California: THE NORTHERLY (5) FIVE FEET OF LCT 16 OF COUNTRY CLUB HEIGHTS, UNIT NO. 6 AS SHOt,1N BY MAP ON FILE IN BOOK 12 PAGE 68 OF MAPS OF RIVERSIDE COUNTY, CALIFORNIA. ADDRESS: 790 ACACIA STREET WORN Dated 373-182-016 February 22, 1990 STATE OF CALIFOTNIA i S COUNTYOFRi�i�rcid2 f o`'���a��1990 uetoae me. the unners:gned, a Notory Pobhc in ena for se',d State p rsonavy ecoc- ed Tony C. Srhiavonp Catherinp J1 Srhiavnnp ,now is me (a, Proved fa mo an the t S.s c1 SOLS!CCbNG+idenCe) robe •^e oc s e v n r norr S 1-osv.ced to Ile rdn:r. 01:111 e+t a. ac no..'edpec !'c' _ e•Ku'eo 1. ine se %'.!T r j�.or a ion V s V ka C Lhe Oroer No. I TonyS�chie V, Catherine J.'SchiavoneJ.`Schiavone OFFICIAL SEAL i VICKI LYNNE KASAD •� = PJOIARY PUBLIC - CALIFCt: NiA I\ RIVERSIDE COJAR t, y comm. expires tdAR Z7, 19;2 1 •Int G'tra '> a' C nCa:b Y.-0-. Escrow or Loan No h1AIL TAX SI ATTACHMENT BID ABOVE. REPORT TO CITY COUNCIL DATE: MARCH 13, 1990 SUBJECT: FINAL APPROVAL OF TRACT MAPS 24138, 24139, 24215 i PREPARED BY: ho APPROVED BY•Q Ray O'Donnell Ron Kirchner Senior Civil Engineer Director of Public Services APPROVED BY: QL11 Ron Molen k City Manager BACKGROUND Tentative Tracts Map 24138, 24139, and 24215 were approved by City Council on May 23, 1989. This development is located north of Grand Avenue and west of Corydon between Ontario Way and Skylark Drive. (See attachment) SUMMARY The final map conforms substantially to the approved tentative map; and all City Council conditions of approval pertaining to the final map have been or will be completed prior to recordation. All bonds have been posted and the subdivision agreement has been submitted and is in the City Clerk's office for execution. RECOMMENDATION 1. Approve the final map, subject to the acceptance of being true and accurate, no grading can occur until the street improvement plans have been approved, maintenance agreement has been agreed County and the City of Lake Elsinore. City Engineer's with the condition that and storm drain and a storm drain upon between Riverside 2. Authorize the City Clerk to sign said map and arrange for recordation. 3. Accept the drainage easement, slope easement, and authorize the City Clerk to have said recorded with the final map. 4. Accept Tracts into the Lighting and Landscape Maintenance District. PACE / OF VICINITY LAKE EL SNORE G RA/LROAD _urY o' aswoRF COUNTY Of' o R/YERSJOc�', . i AGEFbuA ITEM NO. PAGE-2—Or REPORT TO CITY COUNCIL MARCH 13, 1990 SUBJECT: ACCEPTANCE OF QUITCLAIM DEEDS FOR WATER RIGHTS FOR VARIOUS CITY PROJECTS PREPARED BY: APPROVED: ames R. King Ron Kirchner Associate Civil Engineer Director of Public Services APPROVED: 941y Ron Molendyk City Manager BACKGROUND 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 CITY PROJECT SFR 780 Acacia SFR 790 Acacia Industrial 89-9 A.P. NUMBER 373-182-014 373-182-016 377-050-075 RECOMMENDATION 1. Staff recommends that the City Council accept documents for recordation. 2. Authorize the City Clerk to record said documents on behalf of the City. J PACE OF Recording requested by: CITY OF LAKE ELSINORE A municipa3e 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# 373-182-014 For a valuable consideration, receipt of which is hereby acknowledged, TONY C. SCHIAVONE and CATHERIINE J. SCHIAVONE, HUSBAND AMID WIFE AS JOINT TENANTS. does/do hereby REMISE, RELEASE, DEDICATE AND FOREVER QUITCLAIM tp 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: 780 ACACIA STREET I.O/T 14 OF COUNTRY CLUB HEIGHTS UNIT NO 6 AS SHOWN BY MAP ON FILE IN BOOK 12 PAGE 68 OF MAPS OF RIVERSIDE CALIFORNIA. Dated February 22. 1990 STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) TO C. SCHIAVONE CATHERINE J. SCHIAVONE On February 22 ,19gn, before me, the undersigned, a Notary Public in and for said State, personally appeared —_ TONY C. SCHIAVONE AND CATHERINE J. SCHIAVONE known to me, whose names are subscribed to the within instrument and acknowledged that they executed the same. Witness my hand and official seal. Ic OFFICIAL SEAL Vicki Lynne Ka d VICKI LYNtFE UIT y f70TARY PUBLIC -CALIFORNIA R�YFRSIDE tAU"!TY n u..o�^ - 81y Comm. expires MAR 27. 1992 i> dL PACT ~~ aTT❑rnMCAIT ❑ 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# 373-182-016 For a valuable consideration, receipt of which is hereby acknowledged, TONY C SCIIAVONE and CAliHM= J. S Hr HUSBAND AND WIFE AS JOINT TENANTS 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: 790 ACACIA STREET LOT 16 OF COUNTRY CLUB HEIGHTS, UNIT NO 6, AS SHOWN BY MAP ON FILE IN BOOK 12 PAGE 68 OF MAPS OF RIVERSIDE COUNTY CALIFORNIA Dated February 22, 1990 STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) TONY/ c. SCHI�AVO/N7E BY r t CAT'HERIN0J, SCHIAVONE On February 22, ,1990, before me, the undersigned, a Notary Public in and for said State, personally appeared Tony C. Schiavone and Catherine J. Schiavone known to me, whose names are subscribed to the within instrument and acknowledged that they executed the amen. Witness my hand and official seal. �,i 7AD Vicki Lynne Kas 1I VICKI LYN° GEcNDA gTEA NO NOTAL: INcURIVERSIDk AGEMy n -m. e�Di, I111/t �. 111'1 L IYI p 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# 377-05-0075-6 For a valuable consideration, receipt of which is hereby acknowledged, ARCHER, DAVID G. & BONNY L. 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: Grove/Lot #123 in Forest No. 9 of Elsinore Eucalyptus Tract. 1HDUS7-2/!IL 89-9 Dated Feb. 16, 1990 STATE OF COUNTY OF CALIFORNIA) San Die o)ss F'146HEI Bonny'L. Archer On Feb. 16 ,1990, before me, the undersigned, a Notary Public in and for said State, personally appeared David G Archer & Bonny L Archer known to me, whose names are subscribed to the within instrument and acknowledged that they executed the same. Witness my hand and off ,.-.z.,�• Cr hI •l S6.L GE -40A ITEkbi %�. AGE -40A - �SAL.1 CdtGJ C -9tt `; i2r„Ms�ion :,paes Acrd 25. 1933 OF�,��,„«. ••• ••�v �i��l111 V 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 March, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: ZONE CODE AMENDMENT 89-3 - CITY OF LAKE ELSINORE AT THE REQUEST OF DELEO CLAY TILE. A request to amend the Parking Ordinance, Chapter 17.66.030.0 of the Lake Elsinore Municipal Code, to allow flexibility and/or reduce parking requirements for single manufacturing enterprises. This amendment will affect parking requirements for all future industrial/manufacturing development applications. 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 tr public inspection. I DATE: March 1, 1990 SIGNED V eVEz VICKI KASAD, CITY CLERK PLEASE PUBLISH ON: March 14, 1990 AGENDA 17c'L;. 1_ i �_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 March, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: ZONE CHANGE 90-1 - MACLEOD DEVELOPMENT COMPANY A request to change the zoning from C-1 (PUD) and R-3 (PUD) (Neighborhood Commercial -Planned Unit Development Overlay and High Density Residential District -Planned Unit Development) to R-1 (Single -Family Residential District -Hillside Planned Development Overlay) for a 46 gross acre site. The proposal is to bring the zoning into conformance with the General Plan designation, which is required under State Law, Government Code Section 65860. LOCATION: The proposed Zone Change is related to, and on the same site as approved Tract 19358 and Residential Project 89-11. The above site is located south of Grand Avenue, 865 feet east of Ortega Highway and 1,065 feet west of Blanche 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 ublic inspection. DATE: March 1, 1990 SIGNED _2' VICKI KASAD, CITY CLERK PLEASE PUBLISH ON: March 14, 1990 AGENDA ITEM NO.i 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 March, 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 24490 = JONES & TOMICH A request to subdivide 7.6 net acres into 35 R-1 (Single -Family Residential District) lots. LOCATION: The project is located approximately 1,500 feet west of Shirley Drive, south of Washington Avenue, east of Michigan Street. 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. 1. DATE: March 1, 1990 SIGNED > ICKI KASAD, CITY CLERK PLEASE PUBLISH ON: March 14, 1990 AGENDA ITEM PAGE OE_�__ 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 March, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: GENERAL PLAN AMENDMENT 89-9; ZONE CHANGE 89-10; VARIANCE 90-1; TENTATIVE PARCEL MAP 25106 AND COMMERCIAL PROJECT 89-6 = TOMISLAV GABRIC & ASSOCIATES. A request to amend the General Plan Land Use Map from Specific Plan Area to General Commercial; to consider a Zone Change request from Specific Plan to General Commercial (C-2); a Tentative Parcel Map for a two-way division of property; deletion of Specific Plan Designation for the parcel; a Variance necessary to reduce front yard setbacks from 20 feet to 10 feet; and to construct an office/retail center of 80,627 square feet, consisting of 5 buildings in one and two-story configuration. LOCATION: The proposed project consists of approximately seven (7) acres of land lying on the south side of Parkway Avenue, north side of Lakeshore Drive, west side of 6th Avenue and east side of 7th Avenue. 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 iCIKIKA public inspection. 1 DATE: March 1, 1990 SIGNED AD, CITY'CLERK PLEASE PUBLISH ON: March 14, 1990 AGENDA ITEM NO. _1_1L' PAGE_4-OF—,L — 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 March, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: GENERAL PLAN AMENDMENT 89-14 AND ZONE CHANGE 89-14 - TMP INVESTMENTS. A request to amend the General Plan Land Use Map to include the site designation of Low Density Residential (0-6.9 dwelling units/acre); to consider the pre -zoning of the site to Low Density Residential. LOCATION: The project consists of 36.79 acres of land, lying south of Scenic Crest Drive, west of Greenwald Avenue, north of the current City boundary. 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. 11 DATE: March 1, 1990 SIGNED 2j;t: C7 J i / VICKI KASAD, CITY CLERK PLEASE PUBLISH ON: March 14, 1990 AGENDA ITEM NO.11=R PAGE OF -1— 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 March, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: GENERAL PLAN AMENDMENT 89-15 AND ZONE CHANGE 89-17 - BROOKSTONE DEVELOPMENT, INC. A proposal for a General Plan Amendment to designate 15.29 acres on the northeast corner of Silver and Flint Streets as limited Industrial Land Use, from Environmental Sensitive; to consider a Zone Change request from R-1 to M-1. 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 foo public inspection. DATE: March 1, 1990 SIGNED VICKI KASAD, CITY C� L RK PLEASE PUBLISH ON: March 14, 1990 AGENDA ITEM NO. PAGE—L, 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 March, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: GENERAL PLAN AMENDMENT 90-1 AND ZONE CHANGE 90-2 - HUNSAKER & ASSOCIATES A request to amend the General Plan Land Use Map from Neighborhood Commercial to High Density Residential; to consider a Zone Change request from C-1 (Neighborhood Commercial) and C -P (Commercial Park) to R-3 (High Density Residential), on a 6.042 acre parcel. LOCATION: The project is located at the southeast corner of Grand Avenue and Macy Street. The applicant is proposing to build a 132 unit apartment building on the site. NOTICE IS FURTHER GIVEN that at said time and place, all 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: March 1, 1990 SIGNED VICKI KASAD, CITY CLERK PLEASE PUBLISH ON: March 14, 1990 AGENDA ITEM NO_�L=- PAGE_ --i OF --L— 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 March, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: GENERAL PLAN AMENDMENT 90-2 - JONES/TOMICH A request to amend the General Plan designation from Floodplain/Floodway to Low Density Residential, for a 7.6 net acre site, located approximately 1,500 feet west of Shirley Drive, south of Washington Avenue, east of Michigan Street. The proposal is related to Tentative Tract Map 24490, a proposal to create 35 R-1 (Low Density Residential) lots. 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: March 1, 1990 SIGNED VICKI KASAD, CITY CLERK PLEASE PUBLISH ON: March 14, 1990 AGENDA 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 March , 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: Demolition of structure LOCATION: 29310 Pinnell Street, Lake Elsinore 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: SIGNED VICKI KASAD,`CI Y CLERK PLEASE PUBLISH ON: AGENDA ITEM NO. PACE—,Z—OF__L_ CITY OF LAKE ELSINORE IyMy(a):NIk'10) V TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RON MOLENDYK, CITY MANAGER DATE: MARCH 13, 1990 SUBJECT: ADDITIONAL AND/OR REVISED CONDITIONS FOR TENTATIVE TRACT 24624 AND DISCUSSION OF PROJECT REVISIONS - CENTEX This matter was continued from the City Council meetings of February 13 and February 27, 1990 in order for staff to meet with the neighbors and the applicant to work out some issues relative to buffer parcel sizes, minimum lot sizes, circulation issues, view protection for properties along Vista View, and other issues as indicated in the February 27, 1990 memo from Ron Molendyk to the City Council. Following is a list of project revisions which were worked out between the neighbors and the project proponents: 1. Mango Street will be conditioned to be barricaded until such time that the extension of "I" Street is completed through the Pacific Scene property to the north 2. The lots located immediately adjacent to Vista View will be larger and approximately 18 to 20 feet deeper than previously proposed, which should help protect views. The finished grades will also be lower than the previous plans by 2 or 3 feet. The resultant lots will be at least 7,200 square feet in size and more in compliance with the 75% buffer provisions of the code. 3. A proposed condition of approval will limit large commercial vehicles on the "I" Street extension north of Grand Avenue. 4. Small lots located adjacent to Vista View will be limited to single -story structures to protect views (see attached conditions of approval). 5. The applicant will be conditioned to enter into an agreement to resolve the filling of the drainage ditch behind Vista View (see attached conditions of approval). In summary, it is staffs opinion that all of the neighbors concerns relative to this project have been resolved. At the last meeting between the neighbors, the developer, and staff on this matter, the representatives for the neighbors indicated that the latest revisions to the plan adequately addressed their concerns. Both the developer and the neighborhood representatives had to compromise over the view issue, the homeowners agreed to accept assurances of balcony views rather than ground level views and the applicants increased lot sizes and increased the number of single -story homes to reduce view impacts. It is recommended that the City Council re -affirm Environmental Impact Report 88-2 and approve Tentative Tract Map 24624 based on the findings and subject to the conditions listed in the February 13, 1990 staff report and new conditions of approval, and the conditions contained in the February 13, 1990 staff memo to the Council. AGENDA ITEM NO. PAGE + OF PROPOSED CONDITIONS - TENTATIVE TRACT MAP 24624 - CENTEX 1. Mango Street shall be constructed as indicated on the approved Exhibit. However, until the construction of "I" Street through the project to Robb Road is completed, Mango Street shall be barricaded at the project boundary to prohibit access to non -emergency vehicular traffic. Said barricade shall be of a crash -gate design acceptable to the Sheriff and Fire Department. The design shall provide for passage of bicycles and pedestrains. Developer shall provide potential buyers with notice prior to close of escrow as to the future opening of Mango. 2. Prior to issuance of grading permits, the applicant shall reach an agreement with the affected property owners of the lots on adjacent Tract 18719-2 relative to the filling in of the drainage swale and the removal of the existing concrete channel. Said agreement shall identify specific tasks for which the developer is responsible for accomplishing, including timing of work and cost arrangements. In the event that the property owners and the applicant cannot reach agreement, the matter shall be referred back to the City Council for resolution. 3. A six foot block wall or combination block wall and wrought iron fence shall be constructed along the perimeter property lines of all lots. 4. Lots 411-421 shall be limited to single -story in height. Lots 376, 372 and 373 will also be single -story. 5. In the event that the School District determines that the proposed on-site school site is not desirable, then the developer shall be permitted to construct the area designated for the school as single-family lots in accordance with alternate "A" dated February 22, 1990. A revised final map shall be submitted indicating same for final approval. 6. Applicant shall install a City approved sign limiting commercial truck traffic (to a maximum weight of five (5) tons) along proposed "I" Street. AGENDA ITEM NO. PAGE Z OF 2 % CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 24624 Planning Division: 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. PAGE OF�W 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 re-landscap- ing elandscap- 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 NO. — -- . PAGE 4 OF C CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 24624 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 Department: 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 Grand Avenue to the first street north of "I-1" 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. PAGE S OFJGt OF APPROVAL FOR N TRACT MAP 24624 36. Dedicate sufficient land along Audelo for a 66 foot right -o£ -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 lD O5�7 f-\, r r CITY OF LAKE ELSINORE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RON MOLENDYK, CITY MANAGER DATE: FEBRUARY 27, 1990 SUBJECT: TENTATIVE TRACT MAP 24624 - CENTEX As directed by City Council, staff met with representatives of the residents of the area and Centex Homes on February 22, 1990. The residents presented nine (9) issues for discussions. These issues included: 1. Minimum lot size of 7200 square feet. 2. Compliance with the 75% buffer provision. 3. Closure of Mango Street. 4. Closure of Mountain Avenue. 5. Location of the proposed school and trail. 6. Construction of walls or fences by Centex along the rear of properties fronting Vista View and Forest View. 7. The raising of elevations of properties along Vista View by Centex by filling in the existing drainage ditch. 8. Prohibiting large commercial vehicles on the extension of Lincoln Street. 9. Protection of views to the Lake for properties abutting the project along Vista View. The parties agreed on six of the nine (9) items pending approval of the language of the conditions implementing these provisions. However, issues related to lot size, buffering and view preservation are not yet resolved and require further discussions. As a result of this meeting, staff recommends continuance of the item until your meeting of March 13, 1990. Staff, the residents and Centex will meet again on February 28, 1990 to, hopefully, finally resolve the remaining issues. AGENDA ITEM NO. PAGE 7 OF PAGE FOUR - CITLUNCIL MINUTES - FEBRUARY 13, 1990 �. Tentative Tract Mag 24618 = George Wim a Morr' Homes A re to subdivide 10.24 acres int lots averaging 7,260 squa eet. The site is zo R-1 (Single -Family Residential Di ct. The pro y is located approxi- mately 850 feet so of Gr. Avenue, east of Grandview Avenue and west of Ort wy. C. Tentative Tract 25442 = Do euvers & Sharon Gibson. A rangin n size from .58 net acres to .99 acres loc d in the R-1 District (Single -Family Res i tial trict). The property is located west of Roberts Street and north of Shrier Drive. PUBLIC HEARINGS 31. 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. Community Development Director Gunderman detailed this request and the previous related discussions. He detailed some of the improvements to be provided by the developer, including an 80 foot roadway to be the extension of Lincoln, a multi-purpose trail system, a 3.9 acre park adjacent to Terra Cotta Junior High School, improvement of Broadway St., and an elementary school site. He also reviewed the new and revised conditions presented this evening. The City Clerk reported no written comments or protests. Mayor Winkler opened the public hearing at 7:47 p.m. asking those in favor of Tentative Tract Map 24634 to speak. The following person spoke: Mike Aller, representing Centex Homes, clarified the unit count for this development is 590 units. He also detailed the proposed McVicker Canyon Park. Mayor Winkler asked those in opposition to speak. The following people spoke: Robin Johnson, 15018 Vista View, advised that the residents in the surrounding area have formed a committee to work out the impacts of this development on existing residents. He further advised that the following are major concerns of the residents 1) 100,000 gallon water storage tank to be installed; 2) construction related traffic increase; 3) need for extensive landscaping along 80 foot street; 4) timing of completed street improvements; 5) lot sizes in border areas of tract. He suggested that this item be postponed to allow the residents time to work with the developer to mitigate concerns. Dennis Johnson, 15026 Vista View, advised that on his street the major concerns are the impact on their view, for which they paid premium prices on the lots; development in the area of the flood control easement; and the waiver of the 75% calculation in the border areas. He inquired how promises from the developer could be guaranteed, if the concerns are resolved. He also suggested that this item be continued. AGENDA ITEM NO. PAGE OF'2-0 r r PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 13, 1990 John Sellars, 16510 Mountain Street, also requested that this item be continued. He commented on previous similar discussions relating to the Pacific Scene development. He further expressed concern with the traffic impacts and water storage tanks. He also commented that he feels the problems can be worked out with the developer, it more time is given to resolve them. Mike Miller, 15012 Vista View, commented on the price paid for his property for increase view and recreational vehicle iaeu Ly 1; le original developer and his belief that the Council should assure that buyers are properly informed. Sherry Dupre, new resident of Vista View, advised that she has been a resident of the existing tract for one week and already has concerns about traffic flow. Dennis Wilson, 15035 Vista View, expressed concern with the flood control ditch behind Forest Street and traffic flow. Cathy Littlejohn, Rolando Street, expressed concern with the future potential for use of Running Deer. She suggested that wider notification of property owners be considered, as she feels the 300 foot radius is inadequate. Mayor Winkler closed the public hearing at 8:15 p.m. THE CITY COUNCIL MEETING WAS RECESSED AT 8:15 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:25 P.M. Mayor Winkler advised that a report had been provided during the recess and requested further information on the report. Mr. Aller, representing Centex advised that this is the resolution proposal they have reached for mitigation of view impacts. Councilman Starkey inquired how the 50% spacing of single story homes would be done. Mr. Aller advised that it would be every other house to make it fair for everyone. City Attorney Harper advised that the conditions in the report should be made a part of the conditions of approval. Council discussion ensued with regard to time frame for construction of McVicker Park, improvements to be completed as part of the West Lake Elsinore Assessment District, consideration of the final Development Agreement, and mitigation of traffic concerns. Mayor Winkler suggested continuance of this item to the next council meeting and requested that all of the conditions be pulled together in one document for that consideration. Councilman Buck inquired as to the timing of the Development Agreement and whether the tract and the agreement should be considered jointly. A representative of the West Lake Elsinore Assessment District advised that the development agreement affects all of the developers in the assessment district. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REOPEN THE PUBLIC HEARING ON THIS ITEM AT 9:01 P.M. AND CONTINUE IT TO THE NEXT COUNCIL MEETING. AGENDA ITEM NO. t PAGE OF� MEMORANDUM TO: Honorable Mayor and City Council FROM: Dave Gunderman, Community Development Director DATE: February 13, 1990 SUBJECT: Additional and/or Revised Conditions for Tentative Tract 24624 New Conditions: 1. Applicant shall install a City approved sign limiting commercial truck traffic along proposed "I" Street. 2. Applicant shall provide a striped Class II street bikeway along both sides of Grand Avenue and along "I" Street, except along the westerly side of the project boundary north of the open space (Lot "C") parcel where the bikeway shall be included within the all purpose recreational trail. 3. Broadway Avenue shall be constructed concurrent with the construction of the model homes for Phase I. 4. In the event that a school site is required on site, a revised tentative map shall be submitted for approval by the Council. 5. 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. As a participant in the West Lake Elsinore Infrastructure Improvement District, it is understood that a Development Agreement and a Funding/Acquisition Agreement is being drafted and should be executed by the City and property owner prior to the property owner vote that approves the special taxes to be levied by the District. Revised Conditions 1. Condition No. 49 should be revised to read: Applicant shall provide temporary point of access to Mr. Bishop (owner of adjacent 40 acre parcel located northwest of the subject parcel). Said access shall be indicated on the final map and the applicant and Mr. Bishop shall enter into an agreement which acknowledges the access and provides for a sunset provision in the event that the Bishop property obtains secondary access upon development. 2. Condition 19 should be revised to read: The City will accept Parcels "B" and "C" for open space and/or park purposes. AGENDA ITEM NO. PAGE OF U r r REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: February 13, 1990 SUBJECT: Tentative Tract Map 24624• Centex Homes: a request for approval of a Tentative Map to sub- divide 203.4 acres into 589 single family lotm, one open space lot of 2,3+ acres, and one 4.0+ acre lot for park purposes. located south nf the extension of Mountain Avenue and west of the terminus of Broadway Avenue PREPARED BY: APPROVED BY G y Thornhill Dave derman Planning Manager Comm. ev. Dir. APPROVED BY: Ron Molendyk City Manager 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 Assessment District with the project, located within the The Environmental as well as the West Lake Elsinore Impacts associated district itself, were AGENDA ITEM NO. 7 annG /1 nP C) r Page 2 February 13, 1990 Subject: Tentative Tract Map 24624 Centex Homes r 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. traffin_nirciilatinn hnffcrinn of ar94annn+ residential lots, and park land issues. J 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. 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 -LL OF2.0 A� mm AGENDA ITEM NO.- PAGE O.-PAGE JL OF ID C r Minutes of Planning Commission January 17, 1990 Page 3 TENTATIVE TRACT MAP 23988 CONTINUED At thji's time, 7:23 p.m., Commissioner Wilsey left the table Cha i n Brown asked if the proposal was on sched a for the meeting the 7th. Planning Man er Thornhill stated that this de nds on whether or not we can ge together with the applicant nd the property owners' represent ive again prior to the xt meeting. There is a meeting tentati y scheduled for onday, January 22, 1990. Chairman Brown informed this item, that staff has February 7th with a p again. Motion by Commissioner Sa&thoff to 23988 to February 7, 199 , second by Approved 3-0 (Commissi er Wilsey abs h the audience present for this item be continued to that it could be continued ntinue Tentative Tract Map mmissioner Gilenson. en from the table) 3. Tentative Parcel cap 25157 - Bainbrid Investment, Inc. - Chairman Browns t41'ed that staff has request that this item be continued o February 21, 1990, and ked if there was anyone in th audience here for this item. Receiving no response, airman Brown called for a motion. Motion /5y Commissioner Saathoff to continue Tent"iv e Parcel Map 715157 to February 21, 1990, second by Co issioner Gilenson. Zis oved 3-0 (Commissioner Wilsey absent from the table) Attime,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, conditions of approval; however, review the revised condition like to request that staff work for that portion of the design development. stated that they agree with the has not had an opportunity to on the roadway width, and would with us regarding reimbursement that is over the needs of this AGENDA ITEM O. PAGE OF U r 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 7'0- r r 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. - 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 ITEM NO. 1-0 /7 PAGE IL OF -0 r r Minutes of Planning Commission January 17, 1990 Page 6 TENTATIVE TRACT MAP 24624 CONT 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 /�� Fd PLANNING DIVISION REPaT TO PLANNING COMMISSION Public Hearing TTM 24624 January 17, 1990 PREPARED BY: APPROVED BY: Gary Thornhill Dave underman Planning Manager Coma. 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. ENVIRONMENTAL SETTING 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 t46 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. PAGE OFE EXISTING ZONING GENERAL PLAN LAND USE 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 t46 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. PAGE OFE rid Public Hearing TTM 24624 January 17, 1990 Page 2 of the County into the City, and the specific project proposals (Marinita, Ortega Partners, and Centex). The City Council certified E.I.R. 88-2 on December 12, 1989. The Assessment District has been reviewed by the Council but a final decision deferred until the outcome of some of the associated residential projects has been determined; the final assessment per unit will be affected by the total number of residential lots within the district. DISCUSSION 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. PAGE,_ OF ' r r 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. PAGE OF1 CITY OF LAKE ELSINORE F51 4 0 i .. § JZI TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RON MOLENDYK, CITY MANAGER DATE: MARCH 13, 1990 SUBJECT: TENTATIVE TRACT MAP 23988: ORTEGA PARTNERS This item was continued from the City Council meeting of February 27, 1990, in order for staff, the applicant, selected members of the Council, and the neighborhood representatives to meet and discuss various alternative site plans. The developer, at the direction of staff, developed several scenarios for discussion purposes. After evaluating the various alternatives and discussing them with the neighborhood representatives and Councilmembers, the following scenario emerged as the most feasible: 7,200 square foot minimum parcel sizes with the large lot buffer along the southeasterly boundary for a total of 259 lots. This proposal would also include a small (approximately one-half acre in size) pocket park near the proposed fire station site. Neighborhood representatives, although acknowledging movement toward a resolution of the issue, could not assure that the above approach would be acceptable. The developer is continuing to review the issue, but doubts he is able to reduce the number of lots further. It is staff's opinion that the latest revision best addresses the concerns of the residents and council relative to compatibility with surrounding developments. RECOMMENDATION It is recommended that the City Council re -affirm Environmental Impact Report 88-2 and approve Tentative Tract Map 23988 based on the findings and conditions listed in the February 27, 1990 staff report to the City Council. ;ANDA ITEC' N- �� ' PAC*.LQ. OF51 REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: Februaxy 27, 1990 SUBJECT: Tentative Tract Map 23988: Ortega Partners; a request of California Communities for approval of a Tentative Map to subdivide 72.48 acres into 259 single-family lots, located north- westerly of Machado Street at the terminus of Lincoln Street. PREPARED BY: APPROVED BY Galy Thornhill Dave nderman Planning Manage / U Cc Dev. Dir. APPROVED BY: Ron Molendyk City Manager The Planning Commission on February 7, 1990, unanimously (Commissioner Wilsey excused himself) recommended approval of the request. This particular map had been previously continued for a number of meetings in order for staff and the developer to address several issues of concern. The Commission recommended adoption of Condition Number 18 relating to the trail dedication and design standards and Condition Number 48 relating to the requirement for a stop sign at the Timey and Coplasa Street intersection (off-site). The City Council, on December 12, 1989 approved a General Plan change from Specific Plan/Floodway/Floodplain to Low Density Residential and a pre -zone to R-1 (Low Density Residential). This project is also part of the proposed West Lake Elsinore Assessment District. The map before the Council represents the latest of several revisions which were done to address the concerns of the neighborhood residents and the Planning Commission relative to the issues of density, lot sizes (including perimeter buffering), circulation, and drainage. In order to better address these concerns, the Planning Commission directed staff, the developer, and a designated representative from the neighborhood to meet and attempt to resolve some of the issues. The resulting plan is one that differs from the original proposal as follows: 1. The number of lots has been decreased from 283 to 259. The density has been reduced from 3.9 to 3.57 dwelling units per acre (d.u./ac.). Terra Cotta has been redesigned to reduce straight sections in order to mitigate traffic speeds. AGENDA ITEM NO. 3a PAGE OF Page 2 February 27, 1990 Subject: Tentative Tract Map 23988 Ortega Partners 4. Parcel sizes along the southerly and easterly boundaries have been increased to half acre minimum to provide for buffering. 5. There is an improved transition from the larger perimeter lots to the smaller internal lots. 6. A twenty-five (25) foot wide all-putpose recreation trail, connecting with the Premier and Marinita Tracts, has been provided along the southerly and easterly boundary. Despite the numerous revisions to the project, many of the residents still have concerns over the minimum parcel size of 6,000 square feet (they would prefer 7,200) and the density (3.57 units per acre). While staff is sensitive to these concerns, the project is consistent with the ordinance and General Plan requirements relative to density and minimum parcel size. Moreover, the average parcel size for this tract is approximately 8,854 square feet and the perimeter lots, with a few exceptions, are well in excess of 7,200 square feet. The proposed project density of 3.57 d.u./ac. (which directly relates to lot size and number) is, in staff's opinion, consistent and compatible with, the density of existing and proposed surrounding projects (which generally range from 2.7 to 3.7 dwelling units per acre). Environmental concerns for this project have been addressed in Environmental Impact Report 88-2. RECOMMENDATION It is recommended that City Council re -affirm Environmental Impact Report 88-2 and approve Tentative Tract Map 23988 based 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 complies with the Goals, Policies and Objectives of the General Plan and R-1 zoning standards. 2. The project, as conditioned, complies with the City's subdivision standards and State Subdivision Map Act. 3. 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. AGENDA ITEM NO. 3J PAGE dqOF 3/ r r CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 23988 Planning Division 1. Tentative Tract Map 23988 is approved subject to the approval of General Plan Amendment 89-5, Pre -Zone 89-5 and Annexation No. 47. 2. Tentative Tract Map 23988 shall expire two (2) years after City Council approval date, unless extended as provided by the State of California Subdivision Map Act. 3. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 4. 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 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. 5. House plotting, architectural drawings, floor plans, land- scaping 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. 6. A combination of walls and/or fences shall be constructed around the perimeter of the subdivision and adjacent to the McVicker Canyon Flood Control Channel. Precise design materials and location to be determined through Minor Design Review process. 7. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 8. 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. 9. 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. 10. Signage for this subdivision shall require City Permits. 11. All trailers used during construction, mailboxes and signage shall be subject to Planning Department review and approval prior to installation. 12. Street names within the subdivision shall be approved by the Planning Department. 13. Prior to issuance of building permits, subdivider shall provide assurance that all required fees have been paid to the Lake Elsinore Unified School District. 14. Comply with all conditions of the Elsinore Valley Municipal Water District. 15. Prior to approval of a Final Tract Map by the City Council, all lots within this subdivision shall conform to the mini- mum dimensional standards of the R-1 zoning district. AGENDA ITEM NO. PAGE 3 OF� r CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 23988 16. On the final grading plan, the subdivider shall indicate that single-family dwelling units can be sited on lots 35, 36, 37, 38, 100 and 101 without the need for a variance. 17. The subdivider shall work with the City of Lake Elsinore Planning Division, Engineering Division and Community Services Department to secure Riverside County Flood Control District approval for use of the McVicker Canyon Flood Control Channel as a public trail. 18 Subdivider shall provide a 25 foot multi-purpose recreation trail identified as Lots "C", "D" and "Ell, Design and improvements, subject to the approval of the Community Services Director, shall include: a. Proper grading for drainage. b. Finish grade to be hydroseeded with low maintenance natural vegetation to prevent erosion. C. Trail to be improved to 5 foot wide with a D/G Surface, consistent with City General Plan, as amended December 10, 1985. d. The dedicated parcels, Lots "C", "D" and "E", will be incorporated with the City's Lighting and LandscapeMaintenanceDistrict. e. Easements for trail access need to be provided adjacent to Lot "A" from Lot "E" to Terra Cotta Street along property boundaries of Lots 41 and 255. This condition to sunset if flood control easement is approved by Flood Control District for public trail usage. 19. Application for annexation to the City's Landscaping and Lighting District is required prior to approval of a Final Tract Map. 20. Comply with all conditions of the Riverside County Fire Department. 21. Comply with applicable environmental mitigation measures con- tained in EIR 88-2, including: a. Architectural standards shall be implemented to uti- lize building materials and site designs that mini- mize interior noise intrusion and provide exterior noise - sheltered environments. b. The proposed project shall be consistent with all applicable criteria outlined in the General Plan, grading standards identified in Ordinance 772. C. Grading plans shall preserve significant vegetation stands. d. Use native plant material for re -landscaping. e. Prior to issuance of grading permits, soil sampling and testing shall be conducted on any agricultural portions of the site to test for residues of pesti- cides, herbicides and/or fungicides. f. Should a City-wide or area -wide fee program be adopted by the City for increase in police services, this project should be required to participate along with other developments. AGENDA ITEM NO.. PACE OF SI rd - CONDITIONS OF APPROVAL FOR Engineering Division rd TRACT MAP 23988 - CONTINUED 22. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 23. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030, if owned by applicant or landowner. 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 agency, stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 26. Construct all 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 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 certifications, monument certifications (with tie notes delineated on 8-1/2" x 11" mylar) shall be submitted to the Engineering Department before final inspection of off-site improvements will be scheduled and approved. 30. Provide fire protection facilities as required in writing by Riverside County Fire protection. 31. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 32. 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. 33. Contribute $708.00 towards the City's Master Entryway Sign Program. 34. 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. As a participant in the West Lake Elsinore Infrastructure Improvement District, it is understood that a Development Agreement and a Funding/Acquisition Agreement is being drafted and should be executed by the City and property owner prior to the property owner vote that approves the special taxes to be levied by the District. 35. Applicant shall obtain all necessary easements for off-site grading from the adjacent property owners prior to final map approval. AGENDA ITEM NO. PAGE �5'OF 5I r r OF APPROVAL FOR TENTATIVE TRACT MAP 23988 = CONTINUED 36. Applicant shall enter into an agreement with the City for construction of public works improvements and post appropriate bonds. 37. 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. 38. 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. 39. Developer shall meet all conditions of Riverside County Flood Control District for development of this site. 40. All easements on the map shall be approved by the City Engineer. 41. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification. 42. No lot shall ingress or egress to Lincoln Street. 43. Lincoln Street off-site shall be improved to provide 2 lanes of travel (25 foot curb -to -curb) from existing improvements to easterly tract boundary. 44. All storm facilities shall provide tract and downstream property owners with 100 year storm flood protection and be approved by Riverside County Flood Control District. 45. Streets "E", "I", "J" and "L" shall have 40 feet width curb -to -curb. 46. Provide a crossing at Mc Vicker Canyon Channel for the pedestrian/recreation trail. 47. All tracts and engineering shall be digitized by developer per City Standards, tapes to be provided prior to issuance of Certificate of Occupancy. 48. Install stop sign on Timey Street at Coplasa Street prior to first Certificate of Occupancy. AGENDA ITEM NO. PACE 47 OF� r OF LAKE ELSINORE PLANNING HELDXOFALL 7TH DAY OF FEBRUARY 90 THE CALLED TO ORDER AT 7:02 P.M. PLEIANCE was led by Commissioner Saat ff. ROLL CALL• PRESENT: Commission s: Gilenson, Brin y, Saathoff, Wilsey and Brown ABSENT: Commissioners: one Also present were Commun Development Director Gunderman, Planning Manager Thornhill, s ciate Planner Restivo, Assistant Planner Fairbanks and Sen' Civi Engineer O'Donnell. MINUTE ACTION Motion by Comm' sioner Saathoff to app ve Minutes of January 17, 1990, as submi ed, second by Commissioner ilsey. ApprovZ4-(Commissioner Brinley abstainin PUBLICTS Th e being no requests to speak, Chairman Brown clo d the PUBLIC MMENTS section. PUBLIC HEARINGS 1. Tentative Tract Map 23988 - Ortega Partners (Continued from January 17, 1990) - Planning Manager Thornhill presented a request to subdivide 72.5 acres into 259 lots, located northwesterly of Machado Street at the terminus of Lincoln Street. Environmental Impact Report 88-2, previously certified by City Council, addresses the anticipated environ- mental impacts of this project. Planning Manager Thornhill requested the following amendments to the Conditions of Approval: Condition No. 18: "Subdivider shall provide a 25 foot multi- purpose recreation trail identified as Lots "C", "D" and "E". Design and improvements, subject to the approval of the Community Services Director, shall include: a) Proper grading for drainage. b) Finish grade to be hydroseeded with low maintenance natural vegetation to prevent erosion. c) Trail to be improved to 5 foot wide with a D/G Surface, consistent with City General Plan, as amended December 10, 1985. d) The dedicated parcels, Lots "C", "D" and "E", will be incorporated with the City's Lighting and Landscape Maintenance District. e) Easements for trail access need to be provided adjacent to Lot "A" from Lot "E" to Terra Cotta Street along pro- perty boundaries of Lots 41 and 255. This condition to sunset if flood control easement is approved by Flood Control District for public trail usage." AGENDA ITEM NO. PAGE OF ` / r r Minutes of Planning Commission February 7, 1990 Page 2 TENTATIVE TRACT MAP 23988 CONTINUED Condition No. 48: "Install stop sign on Timey Street at Coplasa Street prior to first Certificate of Occupancy." Commissioner Wilsey asked to be excused, due to possible conflict of interest. Chairman Brown opened the public hearing'at 7:09 p.m. asking if anyone wished to speak in favor of Tentative Tract Map 23988. Mr. Jeff Kenyon, Senior Project Manager for California Communities, gave a brief overview on the proposal and the changes that have taken place. Chairman Brown asked if anyone else wished to speak in favor of Tentative Tract Map 23988. Receiving no response, Chairman Brown asked if anyone wished to speak in opposition. Mr. Scott Josefsen, property owners' representative for the west end, stated that they (the residents) are still concerned with the following: density; incompatibility with existing lot sizes in the area; traffic impacts; need for sidewalks and street lights; public safety, and presented a petition with 200 signatures. The following persons expressed concern on Tentative Tract Map 23988 as follows: density; traffic circulation; the need for a stop sign at Princo and a signal at Lincoln and Machado. Mark Soderburg, 15058 Heather Lane; Alvie Baker, 30580 Coplas Street Rosemary Connelly, 30516 Princo Street; Rita Wilsey, 15015 Lincoln Street Chairman Brown asked if anyone else wished to speak in opposition. Receiving no response, Chairman Brown asked if anyone wished to speak on the matter. The Secretary stated that written communication was received from Mr. Earl Doyle, 32173 Michele Drive, and a petition from the Laurel Point residents, 97 signatures, expressing concern on density. Chairman Brown asked if anyone else wished to speak on the matter. Receiving no response, Chairman Brown closed the public hearing at 7:31 p.m. Commissioner Saathoff commented on lot sizes, and the stop sign at Princo. Commissioner Brinley commented on the density and lot sizes. Commissioner Gilenson commented on condition number 4, pertaining to CC & R's, asking if there will be a homeowner's association to enforce the CC & R's, or will this be signed over to the City for enforcement? , Planning Manager Thornhill responded that the City currently does not enforce CC & R's, and a homeowner's association is not anticipated. Chairman Brown commented on the traffic signal at Lincoln and Machado. AGENDA ITEM NO. 3 02 PAGE 9 OF SL C r Minutes of Planning Commission February 7, 1990 Page 3 TENTATIVE TRACT MAP 23988 CONTINUED Motion by Commissioner Brinley to recommend to City Council approval of Tentative Tract Map 23988 based on the Findings listed in the Staff Report and subject to the 47 Conditions of Approval with the following amendments: Condition No. 18: "Subdivider shall provide a 25 foot multi- purpose recreation trail identified as Lots "C", "D" and -.."E". Design and improvements, subject to the approval of the Community Services Director, shall include: a) Proper grading for drainage. b) Finish grade to be hydroseeded with low maintenance natural vegetation to prevent erosion. c) Trail to be improved to 5 foot wide with a D/G Surface, consistent with City General Plan, as amended December 10, 1985. d) The dedicated parcels, Lots "C", "D" and "E", will be incorporated with the City's Lighting and Landscape Maintenance District. e) Easements for trail access need to be provided adjacent to Lot "A" from Lot "E" to Terra Cotta Street along pro- perty boundaries of Lots 41 and 255. This condition to sunset if flood control easement is approved by Flood Control District for public trail usage." Condition No. 48: "Install stop sign on Timey Street at Coplasa Street prior to first Certificate of occupancy." Second by Commissioner Gilenson. Approved 4-0 Commissioner Wilsey returned to the table. Vesting Tentative Tract Map 25274 - Pardee Construct' C ny (Continued from January 17, 1990) - Chairma rown state at there has been a request to Conti his item indefinite nd called for a motion. Motion by Commissi ner Brinley continue indefinitely Vesting Tentative Tract 25 second by Commissioner Gilenson. Approved 5-0 3. Tentative Tract ap 24490 - Jones & Tomii-_ - Chairmin Brown stated that re has been a request to contin this tem to March 7, 0, and called for a motion. Mot' by Commissioner Brinley to continue Tentative Tra Map 2 90 to March 7, 1990, second by Commissioner Gilenson. oproved 5-0 AGENDA ITEM NO. 3 PAGE 1._ OF 15-I This matter was continued from the meeting of January 3rd. At that meeting, the Commission directed the applicant to meet with a representative of the property owners to resolve issues relating to density, lot buffering, drainage, and traffic circulation issues. Since the January 3rd meeting, staff, a member of the Planning Commission, and the homeowner representative have met twice to discuss the above mentioned issues. As a result of these meetings, the following project revisions have been incorporated into the project design: 1. Perimeter Buffering All of the lots subject site are in better transition smaller lots. 2. Density 3. along the southerly boundary of the excess of 1/2 acre. Also, there is a from the large lots northerly to the The number of lots have been reduced from 283 to 259, a reduction of 24 lots. This translates to a decrease in density from 3.9 to 3.57. Circulation There have been no changes in the circulation system since those shown on the exhibit presented to the Commission at the January 3rd meeting. Staff is satisfied that the most recent circulation design provides the most efficient traffic circulation, given the design constraints of the property. Based on the latest revision to the map, it is staff's opinion that the proposed project complies with the buffering requirement and that the proposed density is compatible with surrounding developments. This project was reviewed for environmental impacts under the West Lake Elsinore E.I.R. (88-2). RECOMMENDATION It is recommended that the Planning Commission recommend to the City Council approval of Tentative Tract Map 23988, based on the Findings contained in the November 29, 1989 Staff Report and the attached Conditions of Approval. AGENDA ITEM NO. PAGE to OF SI !OR NDUM TO Planning Commission FROM: Gary Thornhill, Planning Manager DATE: February 7, 1990 22:.0 . .. This matter was continued from the meeting of January 3rd. At that meeting, the Commission directed the applicant to meet with a representative of the property owners to resolve issues relating to density, lot buffering, drainage, and traffic circulation issues. Since the January 3rd meeting, staff, a member of the Planning Commission, and the homeowner representative have met twice to discuss the above mentioned issues. As a result of these meetings, the following project revisions have been incorporated into the project design: 1. Perimeter Buffering All of the lots subject site are in better transition smaller lots. 2. Density 3. along the southerly boundary of the excess of 1/2 acre. Also, there is a from the large lots northerly to the The number of lots have been reduced from 283 to 259, a reduction of 24 lots. This translates to a decrease in density from 3.9 to 3.57. Circulation There have been no changes in the circulation system since those shown on the exhibit presented to the Commission at the January 3rd meeting. Staff is satisfied that the most recent circulation design provides the most efficient traffic circulation, given the design constraints of the property. Based on the latest revision to the map, it is staff's opinion that the proposed project complies with the buffering requirement and that the proposed density is compatible with surrounding developments. This project was reviewed for environmental impacts under the West Lake Elsinore E.I.R. (88-2). RECOMMENDATION It is recommended that the Planning Commission recommend to the City Council approval of Tentative Tract Map 23988, based on the Findings contained in the November 29, 1989 Staff Report and the attached Conditions of Approval. AGENDA ITEM NO. PAGE to OF SI Minutes of Planning Commission January 17, 1990 Page 2 ZONE CODE AMENDMENT 89-3 CONTI plicant requested fewer parking spaces based on the number e 10 s, work hours, etc. The applicant retains the buil ng an\here tantially increases his work force or changes h Urs If is no restriction on the number of emp/tat the hooperation, how would you monitor this? Coy Development Director Gunderman respondhere are two 'ways: 1) During the Design Review _proceould request o the Commission a continuous six month the project tonsure compliance; 2) Periodic inspectough code enforcement. Commissioner ikaa* difficult to impl City. If this ids, ever six months o: that parking spat put the burden on included whether basis. hoff responded that this ment, and puts a substantial done then the applicant sho annually, something to su s s�equired originally are st th applicant not the City. it\ be in the amendment or feasible but burden on the Id initiate, once tantiate the fact ill adequate, and This should be on a case-by-case Community Development ftre/upports rman responded that the intent was for a case -by -c' sther than including it in the ordinance. Chairman Brown stated that hame concerns. Suggested that number 2.b. be amended n initial parking study and an annual review whis the findings that the number of parking spaces aceded £or a development and/or use is less than thaty the Code." Commissioner SaatX--by ated that there may be certain situations where thnot be\aneed for an annual report. On a case basiscould require more frequent reports orquent repoCommissioner Saathented on n2.g. with regard to an applicant requesced parking spac�s and increasing the size of the bui Chairman Brown tated that he would like thio go back for further review. The parking issue will ave to be addressed --you may not have to improve the ..other area which would otherwi be dedicated for parking, but you ave to go ahead and edicate enough area on the plot plan to meet the original co e. Discussio ensued on whether or not the convertible area could he utili ed for storage; parking spaces to be provided sat that they n with the building if the use should chan` and addit' nal parking is required; continuing the proposal for furt r review. Mo on by Commissioner Saathoff to continue Zone Code Amend en 8 -3 to a future meeting, second by Commissioner Wilsey. A proved 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. AGENDA ITEM NO. FAC // OF ✓ r C 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 whethep 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. C firman Brown stated that staff has requested that this i em be continued to February 21, 1990, and asked if ther was anyone in the audience here for this item. Receivi no response, Chairman Brown called for a motion. Motion by Commissioner Saathoff to continue Tent e Parcel Map 25157, to February 21, 1990, second by C mmissioner Gilenson. \ Approved 3-0�%Commissioner Wilsey absent from Vdtbthe le) At this time, 7:26Pllm., Commissioner Wilsey retur table. 4. Tentative Tract )4ap 24624 - Centex Homes - Planning Manager Thornhill presented Na proposal to subdivid 203.4 acres into 589 single-family lots, generally 1 ated south of the extension of Mountain venue and west/ est of the terminus -of Broadway Avenue. Anticipated environmentaal3mpaq/t mpact for this proposal are addressed by EnvironmentReport 88-2 which was certified by the City Counn cember 12, 1989. Planning Manager Thornhill stated that the Engineering Department has requested that on 'tion number 34 be deleted, and condition number 30 amengbd to ead, as follows: Condition No. 30: "I" treet from\foot venue to northerly tra boundaryhave an 80 foot ri t -of -way wioot curb -to -curb, a ndscaped mediafoot parkway on the est side andfoot parkway on the east side. The e parkway shall have a 6 foot he entire length and the west siday hall have a 6 foot sidewalk rand Avenue to the first street norI-I" urt." Chairman Brxwn opened the public hearing at 7:36 p.m. asking if anyone wi ed to speak in favor of Tentative Tract Map 24624. Mr. Mik Aller, Centex Homes, stated that they agree wi h the condi ons of approval; however, has not had an opportunit to revi the revised condition on the roadway width, and w ld lik to request that staff work with us regarding reimburseme t f that portion of the design that is over the needs of thi evelopment. AGENDA ITEM NO. PAGE / Z OF 51 r CITY OF LAKE ELSINORE MEMORANDUM TO: PLANNING COMMISSION FROM: DAVE GUNDERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 17, 1990 SUBJECT: TENTATIVE TRACT MAP 23988 - ORTEGA PARTNERS This This proposed subdivision was continued from the January 3rd Planning Commission meeting to allow additional time to resolve several issues raised by surrounding property owners. These issues include perimeter buffering and lot sizes on the outside boundary of the subdivision, overall density of the project, expected traffic generation and circulation impacts on surrounding streets, drainage and related issues. The Commission directed that a property owner representative be appointed and meet with the project subdivider to resolve as many issues as possible prior to the Commission reconsidering this item. A meeting was held in City Hall on January 10th, with the subdivider, his engineer and Mr. Scot Jose£sen present, representing the surrounding neighborhood. Commissioner Gilenson and members of the City Staff were also present. The following topics were discussed at the meeting. 1. PERIMETER The subdivider agreed to adjust the lot sizes on the southerly perimeter of the subdivision so that there would be a consistent lfband" of approximately one-half acre lots adjacent to properties south of the the tentative tract. He will also explore the concept of transitioning lot sizes from larger to smaller toward the interior of the tract. 2. DENSITY Densities of surrounding projects were reviewed and it was noted that the number of dwellings per acre will change if lot sizes are adjusted due to perimeter buffering. 3. CIRCULATION The subdivider directed his engineer to prepare a circulation study for the next Commission meeting indicating how vehicular traffic would be expected to exit the tract. Concerns were raised regarding traffic on Timey and Princo Streets. A. OVERALL TYPE OF DEVELOPMENT The subdivider indicated that his company intends to construct move -up type housing on the proposed lots which could sell for in excess of $200,000. Precise house sizes and elevations will still be subject to Design Review by the Planning Commission. 5. DRAINAGE Mr. Josefsen said he was satisfied with the discussion regarding drainage at the last Commission meeting. AGENDA ITEM NO. 3 a PAGE /3 OF `'/ C Page 2 Memorandum to Planning Commission Subject: Tentative Tract Map 23988 - Ortega Partners 6. OTHER ISSUES Concerns were raised regarding the treatment of perimeter walls and fencing, especially on the southerly edge of the subdivision, and the potential for view intrusion between houses within the Ortega Partner's subdivision and adjoining lots. It is suggested that these be resolved via the Design Review process. In as much as the subdivider will need to redesign a portion of the tentative tract map and that another meeting with the neighborhood representative will be scheduled, it is recommended that proposed Tentative Tract Map 23988 be continued to the Planning Commission meeting of February 7, 1990. AGENDA ITEM�NO. 3 PACE /_ / OF 57 Minutes of Planning Commission January 3, 1990 Page 5 RESIDENTIAL PROJECT 89-20 AND 89-21 CONTINUED Cndition 15: "Walls shall be constructed along the side and rear property lines and shall conform to Section 17.14.080 (Fences and WallF), subject to the approval of the Commu ity Development Director or his designee. second b Commissioner Wilsey. Approved 5,0 Motion by Commissioner Saathoff to approve Residentyal Project 89-21 basedo theFindings and subject to the 35 C ditions of Approval 1 is edin the Staff Report with �e following amendments: Condition 13.a.1 "All landscape improvements to be bonded 120% Faithful Performance/ Bond, and re- leased at completion /of installation of andscape requirements approval/ac- eptance, and bond 100% for materials and 1 or for one year." Condition 15: "Wa s shall be constructed along the side andar propertyj'lines and shall conform to SKPtion 17.,X4.080 (Fences and Walls), subjec to theApproval of the Community Developn*nt D' ector or his designee." second by Commissioner Gilens Approved 5-0 AT THIS TIME, 7:55 P.M., THE PLA,pQNING C'QMMISSION RECESSED. AT THIS TIME, 8:09 P.M., THE P W NING COXMISSION RECONVENED. 7. Determination of Substantial Conform nce with General Plan - Riverside County - Community Developme t Director Gunderman stated that staff requests that this it be continued to the meeting of January 1,7, 1990. Motion by Commissioner Brinley to contin this item to the meeting of January 17, 1990, second by Commi ioner Gilenson. Approved 5-0 PUBLIC HEARINGS , IT WAS THE CO SENSUS OF THE PLANNING COMMISSION TO HEARING #2 PRIOR TO #1. 2. Deveralled ent Agreement - Brighton Homes - Chairman Bro thatff has requested this item be removed from the and for a motion. Mo ion by Commissioner Saathoff to remove the Deve reement for Brighton Homes from the agenda, sec 'Commissioner Wilsey. Approved 5-0 PUBLIC stated R 1. Tentative Tract Map 23988 - Ortega Partners (Continued from December 20, 1989) - Planning Manager Thornhill stated that the applicant submitted a revised Tentative Tract Map on December 14, 1989, in an attempt to address the previously expressed concerns of the Planning Commission and adjacent property AGENDA ITEM NO. -.2L PACE �`S OF Minutes of Planning Commission January 3, 1990 Page 8 TENTATIVE TRACT MAP 23988 _ ORTEGA PARTNERS CONTINUED Mr. Michael Hunt, Pacific Coast Engineering, commented on concerns raised, as follows: - Significant slopes and the rear property lines; - Density consistency with surrounding approved tracts, Premier tract to the north approved at 3:6, Art Nelson's tract to the southeast approved at 3.94, Marinita tract was approved at 2.8, Tomich tract, which is to the west of the Premier tract, was approved at 3.6, and the density we propose right now is 3.7 dwelling units per acre; "J" Street knuckle --the double cul-de-sac was created to deter traffic movement to Princo. The cul-de-sac to the west could be extended through, similar to the way the old map was and that knuckle could be replaced in order to negate or address the concern of traffic storage, volume and quick right/left turn movements onto Princo; - Drainage, believes that this has been adequately addressed. The assessment district is planning on putting in that trapezoidal channel down to Machado up into the McVickers Canyon with a debris basin which becomes a dam, and acts as a retention basin of 40 foot. The in tract drainage has been setup so that we actually divert water, that historically went to the area to the south, into the channel. We have proposed a storm drain line on that plan that goes all the way to the westerly tract boundary. - Traffic on Alvarado, the Environmental Impact Report (EIR) addresses the traffic for the overall area. As far as the in tract circulation, we have added extra turn movements to deter people from driving suddenly to Princo and to Timey Street and, as stated by Mr. Kenyon, if it comes down to closing off Timey Street we are not opposed to that. However, would like to point out that we do need two (2) points of fire access and this would create a problem if we were to close Timey. The access onto Princo was approved via the Marinita Tract. - Green Belt, we have proposed a 95 foot strip along the easterly and southerly boundary that would act as a green belt and has access for both equestrian and pedestrian traffic. Believes that Commissioner Wilsey, at the last meeting, suggested that this be called a recreational public access as opposed to an equestrian access. - School issues - Mr. Kenyon needs to address this issue. - Equestrian issue was addressed with a 25 foot strip. - Lot "A", being the flood control area. Mr. Kenyon contacted the title company to get an opinion of who actually owned that area, and all of the information that we have at this time is, that is owned and was dedicated under Map 19402-1 to the City for flood control purposes. Commissioner Saathoff requested that Mr. Mandrell comment briefly on the West End Assessment District. Mr. Mandrell stated that the key issue on the West End District was the drainage problem, and specifically the major drainage AGENDA ITEM NO. --2L(L` FAGS /* OF 31 r Minutes of Planning Commission January 3, 1990 Page 6 ATIVE TRACT MAP 23988 - ORTEGA PARTNERS CONTINUED owners. The revised map differs from the previous map as follows: 1. The number of lots has decreased from 283 to 266, a difference of seventeen (17) lots. 2. The density has decreased from 3.9 dwelling units per acre to 3.7 dwelling units per acre. 3. Terra Cotta has been redesigned tc reduce straight sections near the southwesterly corner of the property. This was done to address concerns over traffic speeds and to limit access southerly to the adjacent neighborhood. 4. Parcel sizes along the southerly and easterly boundaries have been substantially increased and are more consistent with the 75% ordinance criteria; the parcels range from approximately 66% to 108% of adjacent parcels, except for lots located adjacent to the Flood Control District property and the Wilsey property. 5. Lots 151-155 (which are now re -numbered as lots 168, 169, 170, and 205) have been re -configured to reduce traffic conflicts; these lots no longer take access off of Terra Cotta. Commissioner Wilsey asked to be excused due to possible conflict of interest. Chairman Brown opened the public hearing at 8:15 p.m. asking if anyone wished to speak in favor of Tentative Tract Map 23988. Mr. Jeff Kenyon, Senior Project Manager with California Communities, stated that he agrees with Mr. Thornhill's analysis, and would like to emphasize that substantial changes have been made that do benefit the community and the map. Mr. Kenyon then stated that there were some minor changes requested on November 29, 1989, concerning some of the Conditions of Approval and though Mr. Thornhill was going to read them into the record. Planning Manager Thornhill stated that he believes the changes can be discussed at the time the Conditions of Approval are discussed. Mr. Kenyon stated they have had their civil engineer, Michael Hunt, work closely with staff and believes the concerns of the Commission have been improved, accomplished or mitigated. Mr. Hunt has also met with some of the homeowners. Mr. Kenyon stated that one concern that may not have been addressed by staff or brought up previously is, the type and size of house that is anticipated for construction. We are talking about housing that will be, rough approximation, 1,800-1,900 square feet up to 2,400-2,500 square feet, possibly even larger. Mr. Kenyon stated that he would like to have Mr. Michael Hunt, answer any technical questions concerning the changes that have been made, and would like to reserve the right to address the Commission later on if need be. Mr. Michael Hunt, Pacific Coast Engineering, representing Ortega Partners and California Communities, stated that he would answer any questions that may arise. AGENDA ITEM NO. 3 PACE I6 OF -,r/ r Minutes of Planning Commission January 3, 1990 Page 7 TENTATIVE TRACT MAP 23988 _ ORTEGA PARTNERS CONTINUED Chairman Brown asked if anyone else wished to speak in favor of Tentative Tract Map 23988. Mr. John Mandrell, Keith Companies Butterfield Office, stated that they have been working with eight (8) property owners, of which this is one, over the past two (2) years in an effort to form the West Lake Elsinore Community Facilities District (CFD), which will provide certain infrastructure to serve this area. The map before you has 266 lots, this is slightly less than was originally anticipated. From an overall district standpoint we are very interested in the final unit count, because the cost has escalated beyond what was originally anticipated. If there are any questions from the standpoint of the CFD, I will try to answer them. Chairman Brown asked if anyone else wished to speak in favor of Tentative Tract Map 23988. Receiving no response, Chairman Brown asked if anyone wished to speak in opposition. The following persons expressed concern on Tentative Tract Map 23988 as follows: design and layout of tract; excessive slopes, landscaping and fencing; density; configuration of the knuckle on "J" Street which turns into Princo Street, and Princo should be a dead end street; drainage/flooding in the area; traffic impacts on Alvarado, Princo and Timey Streets and public safety in the area; two-story homes should be changed to single -story ranch homes which would be conducive with existing; a green belt should be provided; Timey Street should be closed; recreational trail; impact on schools; Lot "A" bordering the small lots being undeveloped City property. Scott Josefsen, 15070 Alvarado Street; Rita Wilsey, 15015 Lincoln Street; George Pratt, 15058 Christina Court; Rosemary Connelly, 30516 Princo Street; Edward Kane, 15431 Alvarado Street; James Brown, 30537 Princo Street; -- Peggy McCormack, 30560 Timey Street; Teri Ducar, 30520 Timey Street; Mark Hollingsworth, 15161 Alvarado Street; Dan Grimes, 15371 Alvarado Street; Betty Ballewski, 15750 Alvarado Street; Richard Baine, 30521 Timey Street; Ed Stewart, 2157 Calle Alverte, San Juan Capistrano; Alvie Baker, 30580 Coplas Street; Si Carnagey, 30536 Princo Street Chairman Brown asked if anyone else 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 8:58 p.m. Chairman Brown commented on the following concerns brought up: density, slopes, flooding/drainage, issues on Lot "A", and mitigation measures to resolve these concerns being placed on the proposal as conditions of approval which the applicant must meet. Mr. Kenyon commented on the following concerns brought up: consistency of density and the 75 percent ordinance require- ment; traffic concerns in the area particularly with Timey and Princo--if staff recommends that Timey Street be closed would not be opposed to this closing, and the extension of Princo has already been approved via the Marinita Tract. AGENDA ITEM NO. 32 PAGE /7 OF S7 r r Minutes of Planning Commission January 3, 1990 Page 9 TRACT MAP 23988 - ORTEGA PARTNERS CONTINUED facilities to serve the west end of lake. This consisted of, as it relates to this project, the diagonal channel that travels through the site. The West End Assessment District proposes to build two (2) major facilities: 1) This facility from Machado up to McVickers Canyon along with the necessary debris basin in McVicker Canyon; 2) Line "C", which is called out on the West Lake Elsinore Master Plan of Drainage which goes from the Lake up to Rice Canyon. Chairman Brown asked for discussion at the table. Commissioner Brinley commented on density, drainage/flooding and traffic concerns in the area, continuing the proposal to allow sufficient time to resolve the concerns, and suggested that the property owners select a representative or representatives and meet with the applicant to discuss and resolve the concerns. Commissioner Gilenson commented on the density, figures listed in the Staff Report being inconsistent; density being con- sistent with the General Plan, but there should be continuity with surrounding homes and the new development in the area, and continuing the proposal for thirty (30) days to allow resolution of the concerns. Motion by Commissioner Gilenson to continue Tentative Tract Map 23988 for 30 days, second by Commissioner Brinley. Commissioner Saathoff asked for discussion, asked for Engineer- ing Department input on Timey Street. Senior Civil Engineer O'Donnell stated that they would prefer that those streets not be cul-de-saced. From an engineering standpoint, the circulation for the tract is pretty good. - Commissioner Saathoff commented on Lot "A" and the concern with the small lots that border Lot "A"; lot sizes, density and the proposal being compatible with surrounding area; traffic impacts. Chairman Brown asked that the homeowners select a representa- tive and an alternate representative, someone who could make at least two meetings within the next two weeks, and these names and telephone numbers given to Mr. Kenyon and staff. Chairman Brown also suggested that the representative obtain all the necessary documents, Staff Report, Conditions of Approval, and the Environmental Impact Report, from City Hall. If there is anything that you do not understand contact staff or myself. Discussion ensued on the earliest possible meeting time the homeowner's representative and the applicant could meet with regard to resolution of the concerns, and a time line for continuation. There being no further discussion, Chairman Brown called for the question. Vote: 2-2 Commissioners Saathoff and Brown opposed. Motion by Commissioner Saathoff to continue Tentative Tract Map 23988 to January 17, 1990, second by Chairman Brown. Approved: 3-1 Commissioner Gilenson opposed. AGENDA ITEM NO. Jt� PACE _L OF �/ rd - CITY OF LAKE ELSINORE MEMORANDUM TO: PLANNING COMMISSION FROM: DAVE GUNDERMAN, COMMUNITY DEVELOPMENT DIRECTOR DATE: DECEMBER 28, 1989 SUBJECT: TENTATIVE TRACT MAP 23988 - ORTEGA PARTNERS At the meeting of November 20, 1989, the Planning Commission continued this item to allow the opportunity to redesign the project in response to public testimony taken at the November 29, 1989 meeting. The applicant, on December 14, 1989, submitted a revised Tentative Tract Map in an attempt to address the previously expressed concerns of the Planning Commission and adjacent property owners. The revised map differs from the previous map as follows: 1. The number of lots has decreased from 283 to 266, a difference of seventeen (17) lots. 2. The density has decreased from 3.9 dwelling units per acre to 3.7 dwelling units per acre. 3. Terra Cotta has been redesigned to reduce straight sections near the southwesterly corner of the property. This was done to address concerns over traffic speeds and to limit access southerly to the adjacent neighborhood. 4. Parcel sizes along the southerly and easterly boundaries have been substantially increased and are more consistent with the 75% ordinance criteria; the parcels range from approximately 66% to 108% of adjacent parcels, except for - lots located adjacent to the Flood Control District property and the Wilsey property. 5. Lots 151-155 (which are now re -numbered as lots 168, 169, 170, and 205) have been re -configured to reduce traffic conflicts; these lots no longer take access off of Terra Cotta. It is staff's opinion that the proposed redesign represents an improvement over the previous and further, that it meets or exceeds the ordinance requirements in terms of the required buffer parcel sizes. While some of the parcels are just below the 75% standard, it should be noted that this does not include the area the applicant is being asked to dedicate for a recreational trail. If this area is counted, all lots, except for lots 265 and 266 are well in excess of the standard. The only area where in staff's opinion, there still may be a concern relates to the density issue. While staff would prefer to see a reduction in density which is closer to the 2.7 - 3.3 units per acre proposed in surrounding projects, the density is consistent with the City's zoning and General Plan standards. Staff would also add that any reduction in density for tracts within the West Lake Elsinore Assessment District would adversely impact the assessment fee to be imposed on AGENDA ITEM NO. 3 PAGE v�0 OF `T� Y1 DECEMBER 28, 1989 TENTATIVE TRACT MAP 23988 - ORTEGA PARTNERS PAGE 2 each new dwelling unit. Staff would also note that the applicants were advised by staff to meet with neighboring residents to discuss the revised project prior to the Planning Commission hearing. It is recommeded that the Planning Commission recommend to the City Council approval of Tentative Tract Map 23988 based upon the Findings and Conditions attached to the staff report and the following modified conditions of approval: Engineering 45. Amend existing condition as follows: Streets "E", "I", "J" and "L" shall have forty (40) feet width curb to curb. 46. New condition as follows: Provide a crossing at McVicker Canyon Channel for the pedestrian -recreation trail. AGENDA ITEM NO. PAGE fv�7/ OF If/ MUTES OF LAKE ELSINORE HELD ON THE 20TH DAY OF THE MEE G WAS CALLED TO ORDER AT 7:00 P.M. PLANNING DECEMBER PLEDGE OF AMEGIANCE was led by Mr. Fred Crowe. ROLL CALL: COMMISSION 1 PRESENT: Commissio ers: Brinley, Gilenson, Saathoff, Wilsey and XCommu ABSENT: Commission Also present werDevelopment Director Gunderman, Planning Manager Thossistant Planner Fairbanks. MINUTE ACTION ; Motion by Commissioner Saathoff to a rove Minutes of December 6, 1989, as submitted, second by Commission Wilsey. Approved 4-0 Commissioner Brinley abstain' g i Motion by Commissioner Brinley to approve Mi utes of December 13, 1989, as submitted, second by Commissioner Wilse . Approved 4-0 ,Commissioner Gilenson abstaining PUBLIC COMMENTS ,,aate There zbeing no requests to speak, Chairman Brown closed e PUBLIC COMMENTS section. BLIC HEARINGS \ 1. Tentative Tract Map 23988 - Ortega Partners (Continued from November 29, 1989) - Planning Manager Thornhill stated that staff is requesting this item be continued to the meeting of January 3, 1990, to allow the subdivider an opportunity to redesign the project in response to public testimony taken at the November 29th meeting. Motion by Commissioner Saathoff to continue Tentative Tract Map 23988 to the meeting of January 3, 1990, second by Commissioner Gilenson. Approved 5-0 2. Tentative Parcel Map 25347 - Centex Homes - Planning Manager Thornhill presented a request to subdivide 833.3 acres into 4 lots for financing and conveyance purposes, located on the south side of Mountain Avenue (extended) and west of Michigan Avenue. Chairman Brown opened the public hearing at 7:07 p.m., asking if anyone wished to speak in favor Tentative Parcel Map 25347. Mr. Larry Truman, Butterfield Surveys/The Keith Companies, representing the applicant stated that he would answer any questions that may arise. Chairman Brown asked if anyone else wished to speak in favor of Tentative Parcel Map 25347. 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 7:09 p.m. Chairman Brown asked for discussion at the table. There being no discussion at the table, Chairman Brown called for a motion. Motion by Commissioner Brinley to recommend to City Council approval of Tentative Parcel Map 25347 based on the Findings listed in the Staff Report, second by Commissioner Wilsey. Approved 5-0 ,1 AGENDA ITEM NO. �- PAGE OV OF S/ r r CITY OF LAKE ELSINORE MEMORANDUM TO: PLANNING COMMISSION FROM: GARY THORNHILL, PLANNING MANAGER h� DATE: DECEMBER 14, 1989 SUBJECT: TENTATIVE TRACT MAP 23988, ORTEGA PARTNERS This tentative subdivision map, generally located westerly of the terminus of Lincoln Street, was continued from the November 29, 1989 Planning Commission meeting to the December 20th Commission meeting. The purpose of the continuance was to allow the subdivider an opportunity to redesign the project in response to public testimony taken at the November 29th meeting. As of this date, a revised tentative map has not been filed with the City and staff review has not occurred. The staff has met with the subdivider however, and understands that a new submittal will be made in the very near future. It is recommended that Tentative Tract Map 23988 be continued to the January 3, 1990 Planning Commission meeting. /cm b4 AGENDA ITEM NO. Minutes of Special November 29, 1989 Page 7 r Planning Commission Meeting L PLAN AMENDMENT 88-8 AND ZONE CHANGE 88-12 _ HI N VALLEY 0 CONTINUED Plan Amen ent 88-8, Zone Change 88 2 based on the Findings listed in th taff Report and a ption of Resolution No. 89-8, entitled follows: SOLUTION NO. 89-8 A RESOLUTION OF E Pnh4NING COMMISSION OF THE CITY OF LAKE ELSI E, CALIFO A, RECOMMENDING ADOPTION OF GENE PLAN AMENDMEN 88-8 TO THE LAND USE ELEMENT OF THE 1982 GENERA PLAN CHANGING THE DESI TION OF 18.11 ACRES FRO OW DENSITY RESI- D IAL TO HIGH DENSITY RESIDENTIAL by Commissioner Brinley. d 5-0 5. General Plan 89-5, Zone Change 89-5, Tentative Tract Map 23988 - Ortega Partners - Planning Manager Thornhill presented a request to change the General Plan Land Use designation from Specific Plan and Floodplain/Floodway to Low Density Resi- dential (0-6 dwellings/acre); to pre -zone the site R-1 (Single -Family Residential), for 72.5 acres of land generally located northwesterly of Machado Street at the terminus of Lincoln Street. Planning Manager Thornhill stated that staff has concern with some of the lot sizes, specifically the 75 percent criteria adjacent to some of the larger lots; would request that the Commission take input on the tract map and then continue Tentative Tract Map 23988 for two weeks. Commissioner Wilsey asked to be excused. Chairman Brown opened the public hearing at 8:34 p.m., asking if anyone wished to speak in favor of General Plan Amendment 89-5 and Zone Change 89-5. -- Mr. Jeff Kenyon, Senior Project Manager with California Communities, representing the land owner, gave a brief update on their meeting with the school district and their working together on the possible acquisition of a site for a new elementary school. Mr. Kenyon stated that they are working closely with the other participants of the West Lake Elsinore Assessment District to see that the assessment district successfully goes into place. Chairman Brown asked if there was anyone else wishing to speak in favor. Receiving no response, Chairman Brown asked if anyone wished to speak in opposition. The following persons expressed concern on Tentative Tract Map 23988 as follows: traffic impacts on Alvarado and the opening of four side streets; flooding problems in the area; air quality; density and incompatibility with neighbors; recreational trail; Environmental Impact Report and Biological Report, many of the endangered plants and animals in the area can only be identified in the early Spring; Princo should be cul-de-saced, or if Princo does go through it should have consistent front yard setbacks; perimeter fencing should be consistent with existing homes; there should be a buffer consistency; traffic signals should be in place by the time the first occupants move in; fire station should be fully manned; square footage of homes proposed; law enforcement and AGENDA ITEM NO. PAuE 0P3/OF 31 Minutes of Special November 29, 1989 Page 8 GENERAL PLAN CONTINUED Planning Commission Meeting impact on schools. 89-5, ZONE CHANGE 89-5 - ORTEGA PARTNERS Edward Kane, 15341 Alvarado Street; Guy Sylvester, 30517 Princo Street; Lynn Josefsen, 15070 Alvarado Street; Scott Josefsen, 15070 Alvarado Street; Rosemary Connelly, 30516 Princo Street; George Pratt, 15058 Christina Court; Rita Wilsey, 15015 Lincoln Street; Gail Batson, 15057 Zieglinde Drive; Linda Rempp, 15016 Zieglinde Drive; Pam Eriser, 15049 Larson Road; Lilly Brown, 30537 Princo Street; Mike Priske, 15015 LeGaye; Jim Bishop, 15080 Christina Court; James Messer, 30528 De La Lama; Larry Underwood, 15075 Christina Court; Nickie Deutsch, 15019 Zieglinde Drive; Carol La Pearl, 32151 Michelle Lane; Lynn Williams, 15059 Christina Court; Al Baker, 30580 Coplas Chairman Brown asked if there was anyone else wishing 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 9:05 p.m. Chairman Brown asked for discussion at the table on the General Plan Amendment and the Zone Change only. Commissioner Gilenson commented on the density for the General Plan Amendment, if approved the density will change, correct? Planning Manager Thornhill responded that it will, the allowable density, and on this particular map it will be about four units per acre. Mr. Jeff Kenyon, Senior Project Manager California Communities, stated that on the density issue,..we were under the impression that we fell within the approximate guidelines discussed approximately a year and a half ago with Council. We will make every attempt to look at some of the buffer zones, and some of the lots that surrounds this particular property and we will do this in the period forthcoming, prior to coming back before the Commission. Mr. Kenyon commented on the following concerns brought up: drainage, school impact, access, trail system. Mr. Kenyon then stated that the need for a fire station, traffic signalization and drainage these issues will all be mitigated through a combination of what the assessment district will install and each individual development will install. Commissioner Brinley commented on the density, and the 25 foot wide trail system and the maintenance. Discussion at the table ensued on the density for the General Plan Amendment. There being no further discussion at the table, Chairman Brown called for a motion. AGENDA ITEM nnNO. 3 pA(;F RzOF. r/_ Minutes of Special November 29, 1989 Page 9 Planning Commission Meeting GENERAL PLAN AMENDMENT 89-5, ZONE CHANGE 89-5 - ORTEGA PARTNERS Motion by Commissioner Saathoff to recommend to City Council approval of General Plan Amendment 89-5 and Zone Change 89-5 based on the Findings listed in the Staff Report, second by Commissioner Gilenson. Approved 4-0 (Commissioner Wilsey abstained) Motion by Commissioner Saathoff to continue Tentative Tract Map 23988 to the meeting of December 20, 1989, second by Commissioner Brinley. Approved 4-0 (Commissioner Wilsey abstained) Motion by Commissioner Saathoff to adopt Resolution No. 89-9, entitled as follows: RESOLUTION NO. 89-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 89-5 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE DESIGNATION OF 72.5 ACRES FROM A COMBINATION OF SPECIFIC PLAN AND FLOODPLAIN/FLOODWAY TO LOW DENSITY RESIDENTIAL Second by Commissioner Brinley. Approved 4-0 (Commissioner Wilsey abstained) Commissioner Wilsey returned to the table at 9:25 p.m. XtMap l Plan Amendment 89-8, Zone Change 89-9, Tentative Tr t 537 - Brookstone Development - Withdrawn by applic l Plan Amendment 89-10, Zone Change 89-11 and entative ap 24213 - Marinita Development - Plan '"g Manager ill presented a request to change the Ge "al Plan Land 'gnation from Specific Plan and Floodp in/Floodway to en 'ty Residential (0-6 dwellings acr to pre -zone the ty R (Single -Family Residential)nd to consider a single amilysubdivision, for 56.9 acres of land lly loca ed northwesterly of achado Street at the us of Prin o Street. Chairman Brown open d the publi hearing at 9:31 p.m., asking if anyone wished to sp akin f 'or of General Plan Amendment 89-10, Zone Change 9-11 nd entative Tract Map 24213. Mr. Scott Fawcett, r r enting Marinita Development, commented on conditio numb 16, pertaining to the 25 foot wide equestrian easeme , agree with the dedication --only question is, along the souther line where it goes to the adjacent lots there re two homes be g built there, believes they are going to e a nursery or pre- hool, and doesn't know how this will be andled. Mr. Fawcett r quested that condition numb 5 and condition number 9, amended by changing the wo d "grading" to "building". Chairman rown asked if there was anyone else wishi to speak in favo . Receiving no response, Chairman Brown ked if anyon wished to speak in opposition. d following persons expressed concern on Tentative TractXMap 213 as follows: lots size --should be minimum quarter ac4M ; creational trail; density; drainage; air quality; the AGENDA ITEM NO. --,�-� PAGE a'6 OF 31 PREPARED BY: r PLANNING DIVISION REPORT TO PLANNING COMMISSION Jerry Haag Sr. Planning Consultant OWNER/APPLICANT Ortega Partners 3090 Pullman Street Costa Mesa, California 92626 USE PUBLIC HEARING GPA 89-5 Z.C. 89-5 T.T.M. 23988 NOVEMBER 29, 1989 APPROVED BY:^� �a��-✓ Gary Thornhill Planning Manager A General Plan Land Use Designation Change from "Specific Plan" and "Floodplain/Floodway" to "Low Density Residential (0-6 dwellings/acre)"; to pre -zone the site R-1 (Single -Family Residential) and to consider a subdivision consisting of 283 numbered and 5 lettered lots. SIZE AND LOCATION 72.5 acres of land generally located northwesterly of Machado Street at the terminus of Lincoln Street. ENVIRONMENTAL SETTING EXISTING LAND USE Project Site - Scattered vegation/ Vacant North - Vacant/Single- Family Residence East - South - West - DISCUSSION Single -Family Residence Single -Family Residence Vacant ZONING GENERAL PLAN R -R Specific Plan and (County) Floodplain/Floodway R-1 Low Density Residential R-1 Low Density Residential R-1 Specific Plan R-1 Specific Plan and Floodplain/Floodway The proposed General Plan Land Use Designation change will remove the requirement for a Specific Plan and delete the floodway and floodplain designation. These would be replaced by a Low Density Residential designation. This project is one of several being processed by the City as part of the West Lake Elsinore Assessment District. The applicant notes that, a part of the overall assessment district proceedings, a substantial amount of land use, cirulation and utility planning has accurred in the general area. Implemen- tation of the assessment district will also correct drainage deficiencies on the property to remove flood hazards. AGENDA ITEM NO. 3� RAGE d;?7 OF 151 r PUBLIC HEARING GPA 89-5 Z.C. 89-5 T.T.M. 23988 NOVEMBER 29, 1989 PAGE 2 A pre -zone change has been initiated to the City's R-1 (Single - Family) zoning district which is in conformity with the proposed General Plan Amendment request. Tentative Tract 23988 has also been submitted for City approval. The subdivision includes 238 single-family lots and five (5) lettered lots. Primary access for the subdivision will be the planned extension of Lincoln Street in a north westerly direction. Secondary access will be provided by extending Timey Street and Princo Street from the south. The applicant has also requested annexation of this property to the City. ANALYSIS GENERAL PLAN Planning Division Staff concurs with the applicant that preparation of a specific plan is unnecessary for this and surrounding properties, since the major elements of a specific plan, land use, circulation, utilities and environmental have already been addressed. The City's proposed General Plan calls for Low Density Residential on this property. No conflicts have been found between this request and the Policies, Goals and Objectives expressed in the text of the General Plan. PRE -ZONING The proposed R-1 zoning will be consistent with the requested Low Density Residential. TENTATIVE TRACT MAP The 283 lot subdivision generally complies with minimum City re- quirements. Lots 95, 234 and 235 are substandard in lot area and conditions of approval have been suggested to require enlarging these lots at final map. Concern has also been expressed to the subdivider about the net area of lots 35, 36, 37, 38, 100 and 101. These meet minimum City dimensional criteria, but with the amount of grading and slope banks shown on the map, the actual usable area for siting a dwelling unit will be reduced. The subdivider indicated these concerns can be mitigated in the final grading plan, through the installation of small retaining walls or similar devices. The applicant has also proposed the installation of an equestrian trail (lettered lots "C", "D", and "E") along the southerly and westerly perimeters of the subdivision. The 25 -foot wide trail will be owned by and maintained by ?. The City will also explore the possibility of using the McVicker Canyon Flood Control Facility, which traverses the site, as a regional trail facility which could link Lake Elsinore with the rural canyons to the north west. Environmental concerns for this request have been addressed in EIR 88-2. RECOMMENDATION It is recommended that the Planning Commission recommend to the City Council approval of General Plan Amendment 89-5, approval of Pre -Zone Change 89-5 and approval of Tentative Tract Map 23988 based upon the following findings and subject to the attached conditions. AGENDA ITEM NO. 3 a PnuE ,,79 of .S7 r r PUBLIC HEARING GPA 89-5 Z.C. 89-5 T.T.M. 23988 NOVEMBER 29, 1989 PAGE 3 FINDINGS - GENERAL PLAN AMENDMENT 89-5 1. The proposed General Plan Amendment would establish a land use and allowed density move in keeping with the subject property's location, access and site characteristics. 2. A significant amount of land use circulation and planning has already been accomplished on the subject property and on surrounding properties to eliminate the need to prepare a Specific Plan. 3. Planned drainage improvements, to be funded and implemented as part of the West Lake Elsinore Assessment District, will remove the threat of flood hazards. 4. The proposed General Plan Land Use Designation is compatible with proposed surrounding uses and development patterns. FINDINGS - ZONE CHANGE 89-5 1. The present County of Riverside zoning of "Rural Residential" is not consistent with the requested General Plan Land Use Designation of "Low Density Residential" as contained in General Plan Amendment 89-5. 2. The proposed R-1 zoning, which will become effective upon annexation, is consistent with General Plan Amendment 89-5. 3. The proposed zoning will facilitate compatibility of land uses within the City's General Plan and will bring the property into conformity with the General Plan. FINDINGS - TENTATIVE TRACT MAP 23988 1. The Tentative Tract complies with the Goals, Policies and Objectives of the General Plan and the R-1 zoning standards. 2. The project, as conditioned, complies with the City's subdivi- sion standards and State Subdivision Map Act. 3. 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. AGENDA ITEM NO.----�_ PACE 02/COF ✓67 t — RaUtIVEI) r JAN 2 9 1990 Planning Depf. Dear Mr. Mole•ndyk . I aria writing this letter in regards to the future devel- opment of the southwest. end of Lake Elsinore, Currently there are mostly half to full acre properties in this area. I realize that to expect the developers to maintain this lot, size is not. realistic- However, I would like to see half acre lots on the perimeters of those tracts and a GRADUAL reduction in lot size towards the center of the tract. I think there is an increasing need for a recreat.iOnal trail winding through all the developments .... exist.ina and future. The time to plan for these trails is NOW, before the tracts are in place. Thanks.for- your time, Micky Deutsch 15019 =ie,_il ind`= Lake Elsinore AGENDA ITEM NO. PAGE OF� I 1 i 1 I January 30, 1990 Bob € Pam Johnson 15025 Ziegtinde DAive Lake Eta.inone, CA 92330 4 � J::L>=^/35CrS FEB 5IS93 Thank you bon yowt ZetteiL ob JanuaiuJ 24th, kegatding Tentative Tract No. 23988, which .i.s .in an anew being considered bon. annexation into the City ob Lake Et inose. I appreciate you bxing.ing your concerns ob high density to my attention. I have bonwanded a copy ob youA Zettet to appnopniate County 3ta64 bot study and atso a copy to Ux. Ron Motendyk, City Manager ob Lake ELsi=,%e_ Ib I of my stabs can be ob bunxhex abs.i.stance, pZeaae beet btee to contact my obb.ice_ Since2ety, WALT P. ABRAHAA Supehv.i,sot, F.inst D.i4tkict WPA:zg .>srsunr ._. .- :-- - __ - ... ._ _. _=_n _r .,'_ .-.....r`C.1__:iiGt.'_,T37�010•:T'_1.9r..- AGENDA ITEM NO. PAGE 3/ OF .S/ SAH 2 9 M, January 24, 1990 Supervisor Wait Abr--ham Fourteenth Floor 4080 Lemon St. Riverside, Ca, 92501 Dear Supervisor Abraham: This letter is to inform you of a proposed development that is a potential hazard to the lives of Riverside County residents as well as destroy their current lifestyle and lower their property values. Proposed Tract #23988 is being considered by the City of Lake Elsinore. Currently the land is located in the County. The area of this tract is near another development that you as Riverside County Supervisor denied and then approved when the developer agreed to lower the density to 1/2 acre. We applauded your decision then, and we hope you can be of assistance now. We need your immediate help. Tract #23988 allows 6000 sq. ft. lots in an area surrounded by 3/4 to 2-1/2 acre lots. This is not compatible with its surrounding area. This tract is unsuitable for this area and would create a traffic situation that is extremely dangerous. It is positively unsafe to open the streets of the Woodhaven Tract, located in the County area, to accommodate traffic from a development of this magnitude. The Woodhaven Tract has no street lights or sidewalks. The primary street, Alvarado St., is difficult enough to navigate at night without additional traffic to contend with. I know you have always been concerned with the well being and safety of your constituents. I hope we can count on you now. This tract will be annexed into the City and the County may not even be aware of it at this time. It would be greatly appreciated if you would take the time to discuss these problems with the City of Lake Elsinore. Sincerely, 11 Bob & Pam(�hnson 15025 Zieglinde Drive Lake Elsinore, Ca, 92330 AGENDA ITEM NO. 3�- PAGE `3'? OFS1 ee � 7-3 AGENDA ITEM NO. PAGE 33 OF sI r WE THE UNDERSIGNED RESIDENTS OF THE WEST END AREA ARE OPPOSED TO Ti 1E PROPOSED TRACT #23988 FOR THE FOLLOWING REASONS 1. THE DENSITY INCOMPATIBILITY WITH THE SURROUND114G AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. PHONE # �7 .2�7c 3. THE OVERWHELMING EIG�ATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. DENN/ S J NAME NAME r ADDRESS �_ I i ,Fi ,t <, �r ADDRESS /.S =,0 DO ST.' PHONE # C- r `, 9 le—PHONE # NAME �frlrE T�D� �� NAME ADDRESS 15 o9LVALAL)0 ADDRESS 2 �y !C L S rNJQ LAerrRZZvn�� 9'ZiT) PHONE # ( -)'-I _ L� �; / PHONE # / f NAME �Te t 1= M�ci I�r 2 NAME ADDRESS . < . , ADDRESS / G t to/ , PHONE# '�",S /io3 AGENDA ITEM tQapal-,L - %7 Denc 3V nc .7 3. THE OVERWHELMING ES�ATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. NAME NAME t}C'—TtPriPLY c� ADDRESS ��-Gi/ f�ll.pca�C'f�"' ADDRESS PHONE # PHONE # --X,- '' � 7 NAMENAME ��(it11P A47i)k�' ADDRESS ADDRESS l�j��l RlVC<rcr)n ,�+- •-,,. � =C� � -,_,4 z-._L,�, 4; k� Elsrnnrf �Q 9 ��30 PHONE #5 �"PHONE # 1�7�-IyR3 NAME NAME ADDRESS ADDRESS��i%•i,P/�Dp PHONE # ? S" WE THE UNDERSIGNED RESIDENTS OF THE WEST END AREA ARE OPPOSED TO THE PROPOSED TRACT #23988 FOR THE FOLLOWING REASONS 1. THE DENSITY INCOMPATIBILITY WITH THE SURROUNDING AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. 3. THE OVERWHELMING NEGATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. NAME ��/��G �_�Gti( NAME ADDRESS 3050 %/hfy � ADDRESS PHONE # PHONE # NAME ���rq. NAME ADDRESS 3o sa�iY ADDRESS PHONE # 1�.��!�l� PHONE # NAME l ��/� �, NAME ADDRESS p ADDRESS PHONE # 7, -7 77zl . PHONE # NAME <r�r [ f '�/t<�� NAME ADDRESS trn�ADDRESS PHONE # C 7 �`/:3 :3-- PHONE # NAME ! , i _.�z.-� NAME ADDRESS ADDRESS PHONE # PHONE # NAME NAME ADDRESS ADDRESS PHONE # PHONE # WE THE UNDERSIGNED RESIDENTS OF TtiE WEST END AREA ARE OPPOSED TO THE PROPOSED TRACT #23988 FOR THE FOLLOWING REASONS 1. THE DENSITY INCOMPATIBILITY WITH THE SURROUNDING AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. 3. THE OVERWHELMING NEGATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. NAME NAME . SS ADDRESS S�tADDRESS o5/r.l �Qkz 1.5�c7c�re ('f}, 92330 L-?.Ee e/J,: one PHONE* %/R -126;3 PHONE # /vol NAME ( / C �J C NAME /b7? / U /✓�/( ADDRESS J /� /c ; ADDRESS L�� I3Q tIAr-A Po '&4 .' PHONE # PHONE # NAME llli r) NAME '�.9ilYup �Y%O.f C ADDRESS 1, tG? Ql LlnfQ (c? ADDRESS CQ lq)(¢ PHONE # C Ir� G -G,72 . PHONE # - o� NAME Mercer NAME LLY ADDRESS 3y5A le L� �t11T1Q ADDRESS L . E 4r- Ls/A&,t- 9-2 ? "O PHONE # �, J S S 3 S PHONE # Q NAME /�{ (f ��t✓5 NAME ' ADDRESS 3G 5I$ n,2< ary ADDRESS off/ _Lc, ynj7=CSL /�� o PHONE # "� L�� I PHONE # 7/ _d l r�/ NAME.��/ NAME(1`i,l ADDRESS Os 111 I l l � !l •P Cl 1110 ADDRESS �� .$f �AGNDAM NO�a.�; Com/PHONE # ,, 3� OF� %y6 — /43 ,:- PAGE T� WE THE UNDERSIGNED RESIDENTS OF THE WEST END AREA ARE OPPOSED TO THE PROPOSED TRACT #23988 FOR THE FOLLOWING REASONS 1. THE DENSITY INCOMPATIBILITY WITH THE SURROUNDING AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. 3. THE OVERWHELMING NEGATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. NAME aus NAME ADDRESS �rrr�CJ ADDRESS PHONE # PHONE # NAME /L'Y�`fl1 ;hGrrz NAME ADDRESS 3ayr3�� c ADDRESS PHONE # _ PHONE # NAME �OS3( �f NAME ADDRESS 67? VL 3 ADDRESS PHONE # 4 PHONE # NAME %���• x�)CLr/i1�J �. NAME ADDRESS(�557 xq- ADDRESS PHONE # PHONE # NAME /-JY��v�'LA�Ct/3-U Fll ADDRESS PHONE # NAME ADDRESS PHONE # NAME \� �� NAME ADDRESS ` CLLLL ADDRESS PHONE # - �,rf �j /� PHONE # s.3osa� �uDPto Sr _ - o g yo /12. eN 7 LaA �z�3 , :-3 � q AGENDA ITEM NO. WE THE UNDERSIGNED RESIDENTS OF TME WEST END AREA ARE OPPOSED TO THE PROPOSED TRACT #23988 FOR THE FOLLOWING REASONS 1. THE DENSITY INCOMPATIBILITY WITH THE SURROUNDING AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. 3. THE OVERWHELMING NEGATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. NAMENAME C1 1 ; lCn l•..� �— t.. �. r 1GjC: � H �.It ADDRESSI `" �.. ` C I <<1 %( r- Y j{ � ( ADDRESS J�I�f15 hlllc'.C'OSr _ f I(LX PHONE # PHONE # (1� !i`7b' i NAME NAME, ADDRESS 1>tJ`� l i II`,z % r ADDRESS PHONE # ( l - �/ j r PHONE f NAME NAME ADDRESS _ -- . i . r - 1 ADDRESS PHONE # + PHONE # C 1f NAME NAME�_`i'� ADDRESS) �_ i 7 -.i- �>ti �"L..•:�4;1 1 ADDRESS PHONE # 'r �.-i� /x%; PHONE # NAME/le e'll� NAME (1l�� �/aC ADDRESS ADDRESS (/ [f S /3 -3 ( tyL (.2t;��� PHONE # 7 t LLL—i—_ PHONE # `I p- ) p NAME — j� NAME ADDRESS —L fu ADDRESS ,rJ PHONE # �Jff (p �7 AGENDA ITEM ftln 4, PAGE 3o OF 4Z WE THE UNDERSIGNED RESIDENTS OF THE WEST END AREA ARE OPPOSED TO THE PROPOSED TRACT #23988 FOR THE FOLLOWING REASONS t. THE DENSITY INCOMPATIBILITY WITH THE SURROUNDING AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. 3. THE OVERWHELMING NEGATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. NAME .j ADDRESS PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # NAME ADDRESS - PHONE f NAME L ADDRESS :,- PHONE # 1 Ccs (t_ NAME r,z-11 .2 ADDRESS JG j ,? scl a PHONE # Yf.�lh%CT fLI NAME ADDRESS PHONE # NAME l ADDRESS c L 1-k . ,2---X �a JP,,4 rti LlQ J f �. •l= �r�r1 C` Taj t2✓� �c%-P �%Is!•scQ�-(' �__t- i-L_.�lr/(!ti12 �!j �I�3..�?0 W PHONE # L'DA•Ac O _� TE/YSfi�✓/1� NAME Z,7c-F.3 /-eY.V rT ADDRESS A6V i Z1Cl tIhl(1� f�(> AGENDA ITEM PR PAGE-4tOF WE THE UNDERSIGNED RESIDENTS OF THE WEST END AREA ARE OPPOSED TO THE PROPOSED TRACT #23988 FOR THE FOLLOWING REASONS 1. THE DENSITY INCOMPATIBILITY WITH THE SURROUNDING AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. 3. THE OVERWHELMING NEGATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. f NAME } ADDRESS I PHONE # NAME ADDRESS PHONE # i,'/ce F�s��c�e `iZ33y I NAME ADDRESS r 0, 1307C PHONE # NAME ADDRESS PHONE # NAME _�� 2 /l GfF NAME �f`I /(i ADDRESS y- �� ADDRESS �ccke 7C� tZ PHONE #7.$ 11 `L �/ PHONE # - /Q NAMEf NAME ADDRESS"7i �ADDRESS /5 �sST. a Gc r_��Grt-N-r(J C�1 ��� I,AKc I-LSIn1nK� �1%�s`tZ.3jc� PHONE # �7-f PHONE # NAME cyjy L IAS 2 NAME ADDRESS � '7 7n Mj,gl ADDRESS - i,)i k 40 & PHONE # C -? S - t 67 PHONE # NAME NAME v Al ADDRESS ADDRESS I PHONE # AGENDA IT � te�5t ail I _ i�ci�— PAGE 442 OF I . WE THE UNDERSIGNED RESIDENTS OF THE WEST END AREA ARE OPPOSED TO THE PROPOSED TRACT #23988 FOR THE FOLLOWING REASONS t. THE DENSITY INCOMPATIBILITY WITH THE SURROUNDING AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. 3. THE OVERWHELMING NEGATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. 7 � NAME ✓ l RIFjGt,U(Gf/gCf NAME ADDRESS l q 77/ ADDRESS PHONE #%14 NAME Ken FMSPiY ADDRESS AIVARADO s>< CR�-e �CS�rvG�� PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # C iY)oN �C-Qis NAME ��7ia rt�l� ADDRESS PHONE'* NAME NAME V744f-i19n ADDRESS PHONE # NAME ADDRESS PHONE # _6 7Y)PHONE # NAME NAME ADDRESS -,V. &s �C`rLE-s� ADDRESS PHONE # / �.i ' �' 7I ?,n3PHONE # Gc. -K /Y C -16T J 7f - 50ilp WE THE UNDERSIGNED RESIDE14TS OF THE WEST END AREA ARE OPPOSED TO THE PROPOSED TRACT #23988 FOR THE FOLLOWING REASONS 1. THE DENSITY INCOMPATIBILITY WITH THE SURROUNDING AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. 3. THE OVERWHELMING NEGATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA NAME NAME ADDRESS /Sc3�/i s' ADDRESS Awe- Lia w PHONE PHONE # 67e--f-Z3sr, PHONE # NAME pl_' �� NAME ADDRESS /s �J�ySeisJ6 ' ADDRESS PHONE # 67tt c/23g- PHONE # NAME f � NAME ADDRESS 1S3yi /,1Lvs Ste- ADDRESS �c-3Kr C[ � i,.cazr PHONE # PHONE # NAME NAME ADDRESS 1� + ADDRESS PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # WE THE UNDERSIGNED RESIDENTS OF TME WEST END AREA ARE OPPOSED TO THE PROPOSED TRACT #23988 FOR THE FOLLOWING REASONS 1. THE DENSITY INCOMPATIBILITY WITH THE SURROUNDING AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. 3. THE OVERWHELMING NEGATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. NAME Lrpti %fjEL�GGGL ADDRESS NAME ADDRES: NAME ADDRESS % PHONE # AME ADDRESS PHONE # l ::Z - ;2�, [� NAME "l,l, � �_C J -fi�tJ4, /XV ADDRESS PHONE # NAME�U��f'i�� �L�(�7�- ADDRESS -s/ PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # /�f•C_,(C12C 2 //�k- 7�L�cJn NAME ADDRESS CA 9a,330 PHONE # NAME nm IADDRESS PHONE # ' "S 1, , I V L,L. -- 3 LT IN .,v vre —y --- AeENBA ITt'for NO. 3 OF ✓�� WE THE UNDERSIGNED RESIDENTS OF THE WEST.END AREA ARE OPPOSED TO THE PROPOSED TRACT #23988 FOR Tt IE FOLLOWING REASONS 1. THE DENSITY INCOMPATIBILITY WITH THE SURROUNDING AREA. 2. THE TRAFFIC INCOMPATIBILITY OF TAKING TRAFFIC FROM A LIGHTED CITY AREA WITH SIDEWALKS TO A COUNTY AREA WITHOUT STREET LIGHTS OR SIDEWALKS. 3. THE OVERWHELMING NEGATIVE AFFECT ON THE QUALITY OF LIFE IN THE WESTEND AREA. NAME ADDRESS PHONE # NAME ADDRESS PHONE # NAME ADDRESS PHONE # NAME ADDRESS 4 PHONE # NAME ADDRESS PHONE # I NAME f ADDRESS �c _ PHONE # NAME / /J ADDRESS iySLl7 PHONE # NAME / ADDRESS PHONE # /5", NAME ADDRESS PHONE # 7/4) 7 7y NAME _ ADDRESS �Sa p A<✓A�Lftt�N di PHONE # 679 1J 43 NAME ADDRESS- January y, 19j0 eir. Dave uunuer:,ian (;om.nur,ity L'evelopment Lirector Uity of iaae Elsinore 13,) Soutu Lain Street Lake nlsinore, California 92330 Lear mi-. uund�rmun: Ne are opposed to toe proposed hiF,n density of the Orte,.,a Par users uevelopment - tentative tract ft 23966. it is not an appropriate density relative to surround- ing properties. httacciea are the ulxnatures of concerned city residents , of the Laurel Point aevelopiaunt. .yes ecfully suomitted, hurl Loyle �f 32173 iiichele yrive GeorEe Pratt _ 13056 Cnristina Couru cam: Jeffrey Kenyon Oalif.ania 00:1i..unities cc: City Plan:iin6 Co..,.i.iss�oners Cnalrm: n Lrown COm.Assioner Lrllilcy Co4:missioner Gilencon Commissioner 3u:it::off Comic; ssioner ;ti�lsey cc: Scot Joscfsen AGENDA ITEM NO. PAGE_7/AY OF 3� St�lEl s i UrY� iLL It vnic�: i.,.... n.:S ynyi:Ur'r :i.l I�liY-litic'x ri239bb ' ilc m Tho rrnaan 3aice3 1rn� u,� i e. 3a 1(0.5 0� . I. Joa y v C'u'C7%' 3-/s7 A al s/ ' a �c3W -77 J j,Co%C9,v O. C'APcos 32179 Iirc Er D� (AKC C�SiN62e Cq 233U Af n� �z Tll�ZGL e5�. i3�.sv ,OAN'El/ w�j� G,q/4 EGS/Noy � CiF 9z35: /3 6?;.K Qf1�- ISvCo0 L i+lere CA 330 /50GZ (�a�/e(ie lcJa-i /. �� ��/�ih �✓ e _ (214 /C)3-6ey � G iZ e . 'Pa rrz i C-": /1'eSi lfti�cl.� z Lawe i 7�%►- Soder6e�� KARF� Sder(x I� dCi�c�t�a✓t"�i� AGENDA ITEM NO—32, , P?OE-fl- OF�1._. '-(-)AGE e2 �S1L1:1.'1:. UrrJUL•., 'lU UIi. L'.iia 1��>1\i:.3'i.aJ 1.1.'1 iil.a. P:.3'+.. 1 11);1. a5'11Y.11f #239b6 3aJ�o i, 10 t ,1F ." /•6 I ' "'�_ ri-t '133 - 1�Fi E �Si �oec CA �Z330 L[��� FlSino�t �L i r c CE vm'l 15 ° 5`1 z�7ha • �-� k� 1P --v <�. is 33" �^ f •�r-S1 A�02C� Cry 1z13b• �1S js-v % 3 ,�Gl-n i� �0 / 5a� s' f�/c-C•4'T1�FC� [-,� ' �„� � /a i' • C � c� � 3 -3v G C CGS /Ii'c�� C �, o . �p /S' �c(.r ��LE-ltrrwt 7q 150-71 2 33� ( �� / cmc C 9 g 3ai7:5 P-) c cje�� AGENDA ITE'MNNO. 3� PAGES,,OF3'/ —Ph G c 3 ESiiil:2r'iS Ul'Yv5iL Tv OiiaLu;A P.. a.i:iLa.J ,iVtiliYr :avl a 1.;ilY—TILLCT k239b6 N14,L"LL n� I5D43-1 Wei-i+fek- /�ZJ�o L ,• :C EL.ir)P_Cj �!`I iP1,1E A;7/fi✓/i%il r«t 4L G/ C (�j C 0/3iW C z (.+ �L Ss Jnr t 2 Isotos oi%�u r�E WAY L,q �Sr Nt` c v�Y LAYS E�57NoF-F— CFF (i 2330 ti c �2 e d1 "1-11 5 u r r V\ ty lA.ke eI5,mre CA 9a33o — I � -i H -ORP f, tQ 3�I t0 FO O '(114 A2 Cod L-'iA e cA M P i A T;. Jo o /✓A 7-c-,�ZA tso�44 3a } 70 DC5Qv RA aj7�-t'�csf'�� n.C.fLyy>D�-,.�-� / % IY,P_ �/J� Ks•. �"'.Cd�:;��o S ... 97,33 a /<a,�ea 3�1 Or, 52a.�,w�c x'13 3 6 AGENDA ITEM NO. PAGE.- OF Lti:rSl Ll:l�"1J Q.tio iB+ '1li l.iilL,vn Iiali'l. 1115 ✓G Y„Llil'':ll it l• bt.1 i.'.LTY — TiLil; rli #23986 Ylk iCi.��� EL�rIUGR'F. CU 1-17 LI La�tL�L ����. �l-s►t/�12►r--, CA.`�iZ3��� C=.L.S� ���Rc- �c� `1Z��C C / T �G.[iLiap-CSW J[.G.C..c'U/J� 60 /Q /•:��'n (v .j L�.2�-�p�✓ 'd� /...AL'. �/sem i r b r l., � .� / - G ��\ .•\�)'yl�_ - .__ ...._= Ylk iCi.��� EL�rIUGR'F. CU 1-17 LI La�tL�L ����. �l-s►t/�12►r--, CA.`�iZ3��� C=.L.S� ���Rc- �c� `1Z��C C / T AGENDA ITEM NO.- a .;L — PAGE OP • 'PAC£ 5 LiSiyi I�1 i vYYJ�S� 1v l itth�in Yniiiii�nS u1 4�LvY.•;tiyT DhlliSiTY - T"aCT #23988 lo /Sato ��nesro. �.r i4�2l LAZF-00` v-9z3ao e.a i.7eP� 3L .✓a.(� CA. 7,2 sEj14 Ci ��>�i� cv_ 13 60�"r 0 �roG9 G��'R!Srl�ii gz�3D �5��c� Ch��7TIw� � c Lkz. �(Str\p2 c. Z} vp4� /1 I S o g� 5 IV) Cl 0 /C (20 NO. G_— AGENDA ITEM SI PAGE OF `PA 0. 6 ScSILlh'TS UPYU;E� iU U1ti'itid i..niAt:.S yLVrL P:.�::T �Jri.SiYY —TnACT #23968 IO1/ t�Av`� MEG���IS I:50G7 DM I C- `cc L N SIMORC R. 7,3 612-1-)�p�, N FT 15 0?3 � -C- )Py`I R:C� �o _ U 0 /C TO: Honorable Mayor and City Council FROM: Dave Gunderman, Community Development Director It DATE: March 13, 1990 SUBJECT: Tentative Tract Map 25442: Doug Reuvers The applicant has requested that this item be continued until the March 27, 1990, City Council hearing, in order to resolve access issues for landlocked parcels northerly and north- westerly of the site. AGENDA rrEM NO. PAGE OF DOCUMENTATION RELATING TO COMMUNITY FACILITIES DISTRICT NO. 88-3 - WEST END ASSESSMENT DISTRICT WAS NOT RECEIVED BY TIME OF PRINTING. THESE MATERIALS WILL BE PROVIDED TO YOU UNDER SEPARATE COVER AS SOON AS THEY ARE AVAILABLE. AGENDA ITEM NO. U ---` PAM , OF _.�._ QRRICK, HERRINGTON & SUTCLIFFE March 8, 1990 Mr. Ron Kirchner CITY OF LAKE ELSINORE 130 S. Main Street Lake Elsinore, CA 92330 Duerr Dml (213) 680-7013 Re: West Lake Elsinore Community Facilities District No. 88-3 Dear Ron: It appears that the property owners are now prepared to move ahead with the formation of the Community Facilities District. They now desire to get through the public hearing and formation of the district and to call the election approximately 90 days from the date of formation (i.e. on June 13, 1990). This will enable several of the developers to solidify their development plans, supported by approved tentative tract maps and/or development agreements, prior to the election while fixing the identity of the qualified electors as being those property owners holding title on the date of formation. I have amended the Resolutions originally submitted in December to reflect the new dates. I will attend the meeting on March 13, 1990, to make a brief presentation and answer any questions the City Council may have. 333 South Hope Street • Los Angeles, Calilomia 90071 Telephone 213 680 7000 • Facsimile 213 6804600 San Fraadtta 413 392 1122 • N, York 212 326 8800 • 5arramm10 916 447 9200 .AGENDA ITEM NO. r PAGE OF Q RRICK, HERRINGTON & SUTCLIFFE Mr. Ron Kirchner Page 2 March 8, 1990 In the meantime, if you have any questions or concerns, please do not hesitate to call. Very truly yours, George W. McFarlin GWM:at/2929m5 cc: John Mandrell, Butterfield/The Keith Companies Ray Wood, Finance Director Phyllis Rogers, Assistant City Manager John R. Harper, City Attorney Vicki Kasad, City Clerk �— AGENDA ITEM NO. 3`f' PAGE OF RESOLUTION NO. $9-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE), PROVIDING FOR A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS WITHIN SUCH COMMUNITY FACILITIES DISTRICT THE QUESTION OF LEVYING SUCH SPECIAL TAX WHEREAS, the City Council (the "City Council") of the City of Lake Elsinore ("the City") has heretofore on November 14, 1989, duly adopted Resolution No. 89-64 declaring its intention to establish a community facilities district under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and calling a public hearing on the question of the establishment of such community facilities district, which such community facilities district was designated as "City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore)" (the "Community Facilities District"); and WHEREAS, prior to the time for such hearing, in accordance with said Resolution No. 89-64, a report on such proposal prepared by, or at the request of, the Special Projects Engineer of the City entitled "Public Report for Community Facilities District No. 88-3 (West Lake Elsinore) for the City of Lake Elsinore" and dated December 21, 1989 (the "Public Report"), was filed with the City Council of City, and such report is incorporated herein and made a part of the record of the hearing on said Resolution No. 89-64; and WHEREAS, pursuant to said Resolution No. 89-64, a public hearing was convened by the City Council of the City on December 26, 1989, at the hour of 7:00 o'clock p.m., or as soon thereafter as the matter could be heard, at the regular meeting place of the City Council, 545 Chaney Street, Lake AGENDA ITEM 140. ✓ 9 \ PAGE OFD 3 Elsinore, California 92330, at which hearing the City Council considered the establishment of the Community Facilities District, the proposed rate and method of apportionment of a special tax therein, the proposed appropriations limit therefor and all other matters as set forth in said Resolution No. 89-64, and at the above-mentioned time and place for such public hearing, all persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard, and the testimony of all interested persons or taxpayers for or against the establishment of the Community Facilities District and the levy of such special tax, or the extent of the Community Facilities District, or the funding, financing, acquisition and/or construction of public infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition (the "Facilities"), or the establishment of an appropriations limit therefor, or any other matters set forth in said Resolution No. 89-64, was heard and considered, and the City Council at the conclusion of said hearing was fully advised in the premises, and was authorized to proceed as hereinafter provided; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the establishment of the Community Facilities District as provided by said Resolution No. 89-64 and to submit to the qualified electors of the Community Facilities District the proposition in substantially the form attached hereto as Exhibit A, in a duly called election, to authorize the levy of a special tax pursuant to the Rate and Method of Apportionment of Special Tax as set forth in Exhibit C, attached hereto and incorporated herein and made a part hereof, to pay for the funding, financing, acquisition, construction, expansion and rehabilitation of the Facilities proposed to be provided for 2628m5 2 AGENDA ITEM PAGE OF -51 the Community Facilities District as described in Exhibit B to Resolution No. 89-64; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: correct. Section 1. All of the above recitals are true and Section 2. The City Council hereby approves and adopts said Resolution No. 89-64, including the description of Facilities and the Rate and Method of Apportionment of Special Tax and of the manner of collection of the special tax attached thereto as Exhibits B and C, respectively, which was published prior to the public hearing as required by law, and reconfirms all of its findings and determinations contained therein, and the special tax in and for the Community Facilities District shall be as set forth in said Resolution No. 89-64 and in Exhibit A, attached hereto and incorporated herein and made a part hereof. Section 3. The City Council finds and determines that written protests to the establishment of the Community Facilities District, or the extent thereof, or the funding, financing, acquisition, construction, expansion and rehabilitation of the Facilities, or the levy of the special tax proposed to be levied in the Community Facilities District, are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all protests to the establishment of the Community Facilities District, or the extent thereof, or the funding, financing, acquisition, construction, expansion and rehabilitation of the Facilities, or the establishment of an appropriations limit, or the levy of the special tax proposed to be levied in the Community Facilities District, are hereby overruled and denied. Section 4. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within the Community Facilities District, if any, devoted 2628m5 3 AGENDA ITEM NO. _ 3H \ PAGEOF4 Z primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products will be benefited by the Facilities proposed to be provided within the Community Facilities District. Section 5. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the formation of the Community Facilities District are valid and in conformity with the requirements of the Act, and the City Council determines to.proceed to establish the Community Facilities District. Accordingly, the City Council finds, determines and orders that, consistent with said Resolution No. 89-64, the Community Facilities District is hereby formed under and pursuant to the terms and provisions of the Act, the boundaries of which are as set forth on a map thereof filed with the City Clerk and in the Office of the County Recorder of the County of Riverside pursuant to Section 3 of Resolution No. 89-64. Section 6. A general description of the Facilities which the City Council is authorized by law to fund, finance, acquire, construct, expand and rehabilitate within the Community Facilities District, which are the Facilities to be funded, financed, acquired, constructed, expanded and rehabilitated by the Community Facilities District under the Act in these proceedings, is set forth in Exhibit B to Resolution No. 89-64, and the City Council hereby finds and determines that such Facilities are necessary to meet present or increased demand placed upon the City as a result of existing or projected development within the Community Facilities District. Section 7. The office which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Act is the Office of the Director of 2628m5 4 AGENDA ITEM NO. 3 PAGE OF15 9 Finance of the City, which is further directed to establish procedures to promptly respond to inquiries concerning current and future tax liability. Section 8. Except where funds are otherwise available, a special tax sufficient to pay for all the Facilities, secured by recordation of a continuing lien against all non-exempt real property in the Community Facilities District, including the payment of interest on and principal of bonds proposed to be issued to finance the Facilities and including the repayment of funds advanced to or on behalf of the Community Facilities District, annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting such taxes, will be levied annually within the boundaries of the Community Facilities District. For particulars as to the Rate and Method of Apportionment of the Special Tax and the manner of collection of the special tax, reference is made to Exhibit C hereto which sets forth the rate and method of apportionment and the manner of collection of such special tax in sufficient detail to allow each landowner or resident within the Community Facilities District to estimate the maximum amount that such person will have to pay for the Facilities. Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Community Facilities District and this lien shall continue in force and effect until the special tax obligation is cancelled in accordance with law or until collection of the tax by the City Council ceases in accordance with the Rate and Method of Apportionment of such special tax. Section 10. Pursuant to Section 3111 of the Streets and Highways Code, the boundary map of the Community Facilities District has been recorded in Book 28, page 57-63, 2628m5 5 AGENDA ITEM NO. \ PAGE OF�, in the Book of Maps of Assessment Districts and Community Facilities Districts in the County Recorder's Office of the County of Riverside. Section 11. Since there are fewer than 12 registered voters within the Community Facilities District, the levy of the special tax and the establishment of the appropriations limitation shall be submitted to the landowners, as the qualified electors of the Community Facilities District, with each acre or portion thereof within an ownership representing one (1) vote. The requirements of Section 53326 of the Act pertaining to the shortening of time and the requirement for notice having been waived by each landowner, the ballots for the special election shall be distributed by personal or mailed delivery to each of the landowners within the Community Facilities District. Each landowner shall have one vote for each acre or portion thereof that he, she or it owns within the Community Facilities District, as provided in Section 53326 of the Act. Section 12. The City Clerk shall provide certified copies of this resolution, a description and map of the Community Facilities District of sufficient scale and clarity to show the boundaries thereof and the Assessor's parcel numbers for the land therein to the official conducting the -- election within three business days after the adoption of this resolution. Section 13. The City Clerk of the City is hereby designated as the election official for the purposes of conducting the election in the Community Facilities District and is hereby requested to take all steps necessary to hold the election in accordance with the Act and these specifications. Section 14. The City Council hereby submits the question of levying such special tax and the establishment of an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith for the Community Facilities 2628m5 P AGENDA ITEM NO. 3y PAGE OF.Sl� District to the qualified electors within the Community Facilities District, at an election to be held on Wednesday, June 13, 1990, all in accordance with and subject to the Act, all the terms of which shall be applicable to such election. Section 15. The City Council hereby further directs that the election at which the question of levying such special tax and the establishment of an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith is submitted to the qualified electors within the Community Facilities District shall be consolidated with the election at which the question of incurring a bonded indebtedness in an amount not to exceed thirty million dollars ($30,000,000) for the Community Facilities District is submitted to the qualified electors within the Community Facilities District, and the question of levying such special tax shall be combined in one ballot proposition with the question of incurring such bonded indebtedness and the question of establishing an appropriations limit for the Community Facilities District, all as provided by the Act; and the City Council further directs that the resolution adopted by the City Council declaring the necessity to incur such bonded indebtedness shall constitute the notice of the consolidated election on the combined proposition of authorizing the levy of such special tax, of establishing an appropriations limit and of incurring such bonded indebtedness. Section 16. The City Clerk as the election official is authorized to canvass the returns of the election pursuant to Section 23306 of the Elections Code, and the City Council is thereafter authorized to certify the results of the election at the next regular meeting. Section 17. If two-thirds (2/3) of the votes cast upon the question of levying such special tax are cast in favor of levying that tax, as determined by the City Council after the canvass of the returns of such consolidated election, the City Council may levy such special tax within 2628m5 7 AGENDA ITEM NO. 3` . PAGE OF the territory of the Community Facilities District under the Act in the amount and for the purposes as specified in this resolution. Such special tax may be levied only at the rate and may be apportioned only in the manner specified in this resolution, subject to the Act, except that such special tax may be levied at a rate lower than that specified herein. Such special tax may be levied only so long as it is needed to pay for the funding, financing, acquisition and construction of the Facilities referred to in Section 6 of this resolution, or so long as it is needed to pay the principal of and interest on the bonded indebtedness, together with administrative expenses and other expenses of the Community Facilities District, incurred by the City and the Community Facilities District. 2628m5 AGENDA ITEM ISO. J PAGE I0 OF� PASSED, APPROVED and ADOPTED this 13th day of March, 1990. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: VICKI LYNNE KASAD, CITY CLERK APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPER, CITY ATTORNEY 2628m5 7 JIM WINKLER-,-MAYOR AGENDA ITEM NO. '�' f PAGE OPAL EXHIBIT A PROPOSITION XXX: Shall City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) be authorized to finance all or a portion of the acquisition and construction of public infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition, by incurring a bonded indebtedness in the principal amount of $30,000,000 and shall an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith be established for the Community Facilities District, and shall a special tax with a maximum rate and method of apportionment as provided in Exhibit C to Resolution No. 89-64 adopted by the City Council of the City of Lake Elsinore on November 14, 1989, which is incorporated by reference herein, be levied to pay for such public facilities, including the payment of current and future principal of and interest on such bonds and the annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? AGENDA ITEMNO. 39 PAGE I 2 OF Sy' COMMUNITY FACILITIES DISTRICT REPORT COMMUNITY FACILITIES DISTRICT NO. 88-3 CITY OF LAKE ELSINORE WEST LAKE ELSINORE INFRASTRUCTURE FACILITIES MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 CENTEX CONSORTIUM - APPLICANT R80055.9999-b-mkk AGENDA ITER, I 'J. \ 3q PAGE OFyJ_.f.. N KMG/TH E KEITH COM -RAN I ES Planning • Cm Engineering • En,irunmentaI ien ices • landscape Arch I!eO.ure • Lmd Surveying • Puhhc Aorks December 21, 1989 City Council City of Lake Elsinore City Hall 130 S. Main Street Lake Elsinore, CA. 92330 c/o Ron Molendyk City Manager SUBJECT: Community Facilities District No. 88-3 - West Lake Elsinore Infrastructure Facilities Gentlemen: Transmitted herewith is the Community Facility District Report for Community Facilities District No. 88-3 - West Lake Elsinore Infrastructure Facilities. In preparing this report, we have responded to the request of the applicant by setting forth those facilities and the cost thereof requested to be financed by the Community Facilities District process. The development plan for the facilities proposed have not received final approval from the City staff members, however, the entire facilities plan has been given tentative approval in order to undertake the subject Community Facilities District. It is suggested, therefore, that the approval of the development plans, and the establishment of requirements, therefore, should be an appropriate prerequisite to the final approval of the proposed Community Facilities District. In preparing this report, we have retained the services of independent firms and consultants to establish the required criteria as follows, and these firms or Consultants have been approved by the City staff. 1. Engineers Report - Milo K. Keith, Consulting Engineer (Special Project Engineer City of Lake Elsinore). 2. Bond Council - George W. McFarlin, Attorney, Orrick, Herrington and Sutcliffe. R80055-9999-b-mkk �� r,.i,,. ... o -• .......::..::.:r;, „ .,.a„.,,, nr i,;.,.: -,AGENDA ITEM N0.._. \ PAGE 4 OF I r 1-� City Council December 21, 1989 Page Two 3. Special Tax Apportionment - David Taussig, David Taussig and Associates, Inc. Very truly yours, RM HE KE TH COMPAN S John MaY Project Manager R80055.9999•b•mkk AGENDA ITEM No 34 PAGE OF L I 1-/ COMMUNITY FACILITIES DISTRICT NO. 88-3 CITY OF LAKE ELSINORE WEST LAKE ELSINORE INFRASTRUCTURE FACILITIES (CENTEX CONSORTIUM APPLICANT) (APPLICANT) JAMES WINKLER Mayor Fred Dominguez (Mayor Pro -tem) William S. Buck William A. Starkey Gary M. Washburn Councilmembers CITY STAFF Ron Molendyk - City Manager John R. Harper - City Attorney Vicki Lynne Kasad - City Clerk Ron Kirchner - Director of Public Services PROFESSIONAL SERVICES George W. McFarlin - Orrick, Herrington & Sutcliffe - Bond Council John Mandrell - RMG/The Keith Companies - Project Manager David Taussig - David Taussig & Assoc. - Special Tax Consultant LMilo K. Keith - Consulting Engineer - Assessment Engineer Vic Dhooge - Miller and Schroeder - Underwriters 00055-9999-b-mkk DECEMBER 1989 AGENDA ITE -m NO. 31,-- PAGE ' CF f I SECTION I. - INTRODUCTION WHEREAS, the CITY OF COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA (hereinafter referred to as the "legislative body of the local Agency" or "Agency"), did, pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the { State of California, and specifically Section 53321.5 thereof, ! expressly order the filing of a written Community Facilities District Report ("Report") with the Agency for a proposed Community Facilities District. This Community Facilities District shall be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-3 (hereinafter referred to as the (CFD - No. 88-3); and t( WHEREAS, the Resolution ordering the Report did direct that the )1 Report generally contain the following: a. a description of the public capital facilities and/or services, if applicable, proposed for the project; b. a general description of the area to be served by the facilities --said areas being the boundaries of CFD No. 88-3. - C. a cost estimate, setting forth the costs and expenses for providing the public facilities to serve and benefit the properties and residents within the t boundaries of the CFD No. 88-3. ' d. the rate and method of apportionment of the special tax in sufficient detail to allow each landowner or resident within the proposed District to estimate the annual amount of payment; and j e. general terms and conditions relating to the proceedings. For particulars, reference is made to the Resolution of Intention and Resolution ordering the Report as previously approved and adopted. Now, therefore I, Milo K. Keith, P.E., authorized Special Projects Engineer for the City of Lake Elsinore, and appointed responsible representative to prepare the report pursuant to the provision of the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, do hereby submit the following i data: AGENDA ITEM N0. 3_T� -1- PAGE I� OF�� i SECTION II. - DESCRIPTION OF FACILITIES l,/ j A Community Facilities District may finance the purchase, construction, expansion or rehabilitation of any real or other tangible property with an estimated useful life of five years or longer. A general description of the proposed facilities follows: Grading and construction of streets, curbs, gutters, sidewalks, street lighting, storm drainage, water, sewer, and utility improvements (both on and off-site) to serve the development to be constructed, together with appurtenances and appurtenant work. Also included are firestation and park facilities as required by the City of Lake Elsinore. Based upon the above, it is my opinion that the facilities are those that are necessary to meet increased demands placed upon the local Agency as a result of development occurring within the boundaries of CFD No. 88-3. Special Project Engineer City of Lake Elsinore Milo K. Keith ` SECTION III. - BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-3 The boundaries of CFD No. 88-3 are those properties and parcels where services are authorized to be provided and in which special taxes may be levied to pay for the costs and expenses of the facilities. The boundaries of CFD No. 88-3 are shown in the Boundary Map attached as Exhibit A. SECTION IV. - COST ESTIMATE + ` The cost estimate for the Works of Improvement for CFD No. 88-3 tf L i is based upon current dollars and is subject to escalation. Project facilities, including expenses, is estimated to be $29,263,295.00 based upon current dollars, subject to escalation. ` For further particulars, reference is made to Exhibit B, Cost Estimates. 34 AGENDA STEM NO. -2- Sq PAG'ILO7 r 1-� SECTION V. - RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX J As noted in the Resolution of Intention, all of the property located within CFD No. 88-3, unless exempted by law, shall be taxed for the purpose of providing roadway, sewer, flood control and school facilities to serve the District. Pursuant to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property". However, this special tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as ' determined by the legislative body". The adopted "Rate and Method of Apportionment of Special Tax" which is printed below (Exhibit C), provides information sufficient to allow each property owner within each Special Tax Area of CFD No. 88-3 to estimate the maximum annual amount he will be required to pay under the Mello -Roos Program. This "Rate and Method of Apportionment" was adopted by the legislative body on November 14, 1989, as Exhibit C of the Resolution of Intention. Sections A - D, below, provide additional information on the- 1 special tax rate and method of apportionment. 1. A. Explanation of Special Tax Apportionment When a Mello -Roos Community Facilities District (CFD) is formed, a special tax may be levied on each parcel of taxable property within the CFD to repay bonded indebtedness or other expenses incurred by the CFD. This special tax must be apportioned in a reasonable manner; however, the tax may not be allocated on an ad valorem basis. When more than one type of land -use is present within a CFD, several criteria may be considered when apportioning the special tax. Generally, criteria based on building square footage, lot size, density and/or land -use are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the Developer's product mix, and are reflective of the land -use types within the CFD. Special special tax levels are assigned to each category, with all parcels within a category paying the same special tax. The Mello -Roos Community Facilities Act does not require that special taxes be apportioned to individual parcels based upon benefit. However, in order to insure fairness and equity, benefit principles are AGENDA ITEM{ ANO. y -3- PAGE OFA r 1-/ taken into account when setting special tax rates. The major underlying assumption inherent in the application of different special tax rates for different residential unit types within CFD No. 88-3 was that the level of benefit received from the CFD -financed public improvements by a parcel varies directly with that unit's size and type. This assumption is borne out through an examination of commonly accepted statistical measures of public facility usage. For example, in measuring average weekday vehicle trip - ends, the 1989 edition of Trip Generation by the Institute of Transportation Engineers singles out size of residential unit as the primary determinant of trip - end magnitude. Trip -ends per residential dwelling unit are typically highest for large single family detached (SFD) homes and become progressively lower for smaller SFD homes, townhomes, condominiums and apartments, respectively. Furthermore, 1980 Census data for Los Angeles County indicates that the number of persons residing in a housing unit also increases with the size of that unit. Logically, households with greater numbers of residents will generally use local public improvements and facilities more than households with fewer residents. Drainage requirements are higher for larger residential uses due to the fact that larger units have a higher percentage of impervious ground cover than smaller units. Residential water and sewer requirements are based primarily on the number of bathrooms and fixture units in the home and the population of the household. Both criteria tend to vary directly with the size of the dwelling unit. Water requirements for lawn sprinklers and swimming pools also tend to vary directly with home size. The relationship of the special tax rates for the residential categories designated in the "Rate and Method of Apportionment" for CFD No. 88-3 can be expressed in terms of Equivalent Dwelling Units (EDUs). For example, if the EDU assigned to a category is fifty percent higher than that assigned to a second category, then the special tax levied on a dwelling unit in the former category would be fifty percent higher than that levied on homes in the latter category (e.g., 1.50 EDUs versus 1.0 EDUs). -q .AGENDA ITEM No. 39 `; PAGE }nOF I The EDUs assigned to different residential categories are based on the projected square footage within each category, as size was shown to generally reflect the benefits received. A sufficient number of categories were selected to establish equity between categories by insuring that the same special tax would be levied on homes of similar size. Exhibit D illustrates the direct correlation between the projected square footages of the residential categories in the "Rate and Method of Apportionment" (Exhibit C) for CFD No. 88-3 and the EDUs assigned to these categories. Based on the types of improvements that are proposed for CFD No. 88-3 and the factors described above, the special taxes assigned to specific unit types are generally proportionate to the relative benefits received by them, and, accordingly, the special taxes in CFD NO. 88-3 can be considered to be fair and reasonable. B. Projected Development and Bond Sales Based on the Developer's projections, a total of 1,769 residential units will be developed. It is expected that a single bond issue will be sold. C. Projected Special Tax Rates Exhibit C lists the maximum special tax rates for developed and undeveloped property for each Area. The district shall determine the annual special tax levy based upon the method described in Exhibit C below, to the extent necessary to pay interest and principal on the bonds, replenish bond reserves and pay administrative expenses of the District. Exhibit E contains estimates of the special tax rates necessary to meet the proposed financial obligations for each Improvement Area. EXHIBIT E INTENDED TO PROVIDE A THEORETICAL EXAMPLE OF THE SPECIAL TAX RATES WHICH MIGHT BE GENERATED IN THE DISTRICT ASSUMING TWENTY-FIVE YEAR BONDS ISSUED WITH AN AVERAGE COUPON INTEREST RATE OF 8.26 PERCENT. THERE IS NO GUARANTEE THAT TAX RATES WILL BE AT OR BELOW THE LEVELS INDICATED IN THIS EXHIBIT. D. Special Tax Rates If Actual Level of Development Falls Below Projected Levels Should the density of development within each Special Tax Area of the District fall significantly below the level projected in the Developer's current development plans, it may be necessary to increase taxes above the -5- 34 AGENDA ITEMNO. PAGE -2L OF maximum levels for developed property unit types listed in Tables A and B of Exhibit C. If an increase should be necessary, the tax rates for developed parcels shall be increased proportionately above their maximum levels until the District's revenue needs are met. However, under no circumstance shall the tax on a developed parcel be increased to the point where it is higher than the greater of $0.19 per usable square foot of assessor's parcel for Special Tax Area A and $0.05 per usable square foot of assessor's parcel.for Special Tax Area B or the tax for that parcel as listed in Tables A r- and B of Exhibit C. VI. E. Accuracy of Information In order to develop the special tax formula and to determine the maximum tax rates set forth in Exhibit C, information regarding annual absorption, land -use types and net acreage was provided by the Landowner and his Consultants to David Taussig and Associates, Inc. IT IS THE LANDOWNER'S RESPONSIBILITY TO VERIFY THAT THIS INFORMATION IS TRUE AND CORRECT. DAVID TAUSSIG AND ASSOCIATES, INC. DISCLAIMS RESPONSIBILITY FOR THE IMPACT OF ANY SUCH INACCURATE DATA ON THE MAXIMUM TAX RATES ESTABLISHED FOR THIS CFD, INCLUDING THE INABILITY TO MEET THE FINANCIAL OBLIGATIONS OF THE DISTRICT. GENERAL TERMS AND CONDITIONS a. Substitution Facilities - The description of the public capital facilities, as set forth herein, is general in nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans and specifications may show substitutes in lieu of, or modifications to, proposed work. Any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this Report. An illustrative site plan showing proposed improvements is shown in Exhibit B. b. Bonds - The financing of the public capital facilities as set forth in this Report, requires that bonds be issued pursuant to the terms, conditions and authorization of the Community Facilities Act of 1982, which is Chapter 2.5, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 53311, and specifically Article 5. AGENDA ITEM f10• GE as OF� L c. Appeals and Interpretation Procedure Any landowner or resident who feels that the amount or formula of the special tax is in error may file a / notice with the Agency appealing the levy of the 1 special tax. An appeals panel of three members, as 1 appointed by the Agency, will then meet and promptly review the appeal and, if necessary, meet with the applicant. If the findings of the Appeals Board verify that the tax should be modified .or changed, a recommendation at that time will be made to the Agency; and, as appropriate, the special tax levy shall be corrected. If applicable in any case, a refund shall be granted. Interpretations may be made by the Agency by resolution for purposes of clarifying any vagueness or ambiguity as it relates to any category, zone, rate, or definition applicable to these proceedings. It is my opinion that the special tax rate and method of apportionment, as set forth, is fair and equitable, uniformly applied, and not discriminatory or arbitrary. 1 Special Projects Engineer City of Lake Elsinore ,?n 4b Milo K. Keith L_ '7_ 'AGENDA ITEM NO. 39 PAGE � O�S1-1_ t HEREBY CERTIFY THAT THE WTTHIH WP �HG PROPOSED BOUNOARIES OF COMWNm FACILITES GSTNLT NO M -S OF THE Cm OF LAKE EL INORE. COUNTY OF RIYERL STATE Cf CWFORHM, WAS "PROVED BY THE Cm COUNCIL OF THE OrTY OF LAKE ELSINORE AT A REGUL MEETING HEREOF HELD OH T E My IX It .— "-a. ter"-a. BY, ITS RESOMTTOH HO. _ " -' G Ylqu KASAD, cm aEF+K INDEX MAP NLEO THIS --iin oar OF G' ✓c ^r eet . TEE>. AT TME HOUR OF /.DD OYLCCK M„ OF IN BOOK eN PAGE v- a ASSESSMENT ANO COMMUNITY FAOLTIES CISTRICTE IN THE OFFICE OF THE COUNTT REWROER OF THE COUNTY OF RR'ERSIOE, STATE OF C FORHU. NO. '7y3 EEE '•P e Y4 E CONERLY. COUNTY RECORDER BY: l�f DEPUTY LEGEND I' _ BYMNR w DISTRICT 3 {..E i91 -t6 -n Ad's PARm Na RR �TEM1It I':.'V - ss _ AGENDA Ll PAGE_. - L' RI T.aen DISTRICT BOUNDARIES WEST LAKE ELSINORE COMMUNITY FACILITIES DISTRICT INFRASTRUCTURE IMPROVEMENTS COMMUNITY FACILITIES DISTRICT N0, 88-3 IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 7 .F mFw ,SET t ounwT RvoM. - mm.pv H. raw Im ��...w a.M n i «�o.em L E. -__ LEGEND � IOMMT 6 OISTIIR at-n+r •tss�t•• rrrm ria �- ruern swam 1 /AGENDA is-: .. 314 PAGE-aOF--!=a DISTRICT BOUNDARIES VEST LAKE ELSINORE COMMUNITY FACILITIES DISTRICT. INFRASTRUCTURE IMPROVEMENTS COMMUNITY FACILITIES DISTRICT NO , 86-3 I IN THE CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA SHEET 2 OF LEGEND lP1D.Rl 6 Ox6'IRxR Yso.-5 •sa�'t ..m ria AGENDA ITEM NO. 3LI PAGE OF_a.� DISTRICT BOUNDARIES WEST LAKE ELSINORE COMMUNITY FACILITIES DISTRICT INFRASTRUCTURE IMPROVEMENTS COMMUNITY FACILITIES DISTRICT N0, 88-3 IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 7 ..mo- �m a emmx .u.om ®e..n.e. �o- um u -a• -w m.e ,.. rao-.xm L 0 1 n�.a �nn itD�l lFllOi. W`I 1II Tom.c, Q hq I I 1 ._t 16 I I nx- --I L --J L -- II � 3f9-02. 9 1K 1L.• I1 n) it vy'il J I axl-0,.. � am-0S.w 11) C i I r a u 43 I I q2 I G I Il F 40 I I 9 i t 3B I d I !7 nlc' a � IIx_ ,�� � ISI Ii ISI Iii I. .IW�MLTO. LEGEND --� 161D4R 6 DIRItILT ,llcn SU.D..a AGENDA ITEM NO. 3y PAGE ^^/._OF DISTRICT BOUNDARIES VEST LAKE ELSINORE COMMUNITY FACILITIES DISTRICT INFRASTRUCTURE IMPROVEMENTS COMMUNITY FACILITIES DISTRICT N0. 88-3 IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 7 LEGEND �owr* s otm�cr vias � ,saw'• rw�m ree[x ...m .ate... AGENDA ITEM N0-2 \ PAGE DISTRICT BOUNDARIES WEST LAKE ELSINORE COMMUNITY FACILITIES DISTRICT INFRASTRUCTURE IMPROVEMENTS COMMUNITY FACILITIES DISTRICT NO, 88-3 IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA' b h400 LEGEND ct easww+ oc omicx >v-o>sssars nm rre[x • AGENDA ITEM � No. = 4 PAGE ..L OF +-�—i-- j DISTRICT BOUNDARIES WEST LAKE ELSINORE COMMUNITY FACILITIES DISTRICT INFRASTRUCTURE IMPROVEMENTS COMMUNITY FACILITIES DISTRICT N0, 88-3 IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA SHEET 8 OF 7 9 I C t f EXHIBIT B t COMMUNITY FACILITIES DISTRICT REPORT COMMUNITY FACILITIES DISTRICT NO. 88-3 City of Lake Elsinore MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 COST ESTIMATES (Rounded to $1,000) I. PUBLIC WORKS OF CONSTRUCTION Street Improvements Description Quantity Unit Price Grand Avenue 5000LF $ 459.00 t Lincoln Street 370OLF $ 251.00 { Total Street Improvements fj Storm Drain Improvements { Description Quantity Unit Price Line B-1 South 720OLF $ 225.00 McVicker Canyon Debris Basin L/S Line C North 17,000LF $ 240.00 Rice Canyon Storm Drain L/S Total Storm Drain Improvements Sanitary Sewer Improvements Description Quantity Unit Price Northshore Sewer System: VCP Sanitary Sewer 15,200LF $ 45.00 Pump Stations Modifications L/S Total Sanitary Sewer IMPROVEMENTS { Water System Improvements 4_ L1 L Cost $2,295,000.00 $ 929,000.00 $3,224,000.00 Cost $1,627,000.00 $1,500,000.00 $4,104,000.00 $ 520,000.00 $7,751,000.00 Cost $ 684,000.00 $ 560,000.00 $1,244,000.00 Description Quantity Unit Price Cost 3.5 MG Reservoirs L/S $1,628,000.00 Booster Pump Station L/S $ 195,000.00 Main Supply Line 1600 $ 45.00 $ 72,000.00 Total Water System ImproverPnte 91_R45.000.00 Page 1 of Exhi AGENDA ITEM NO. \ PAGE OF 0 I I Public Improvements Description Quantity Unit Price McVicker Canyon Park L/S Lincoln Street Fire Station L/S Total Public Improvements TOTAL PUBLIC WORKS OF CONSTRUCTION CONTINGENCIES GRAND TOTAL PUBLIC WORKS OF CONSTRUCTION II. CONSTRUCTION INCIDENTAL EXPENSES Cost $1,800,000.00 $ 970,000.00 $2,770,000.00 $16,904,000.00 $ 750,000.00 Preliminary Design $ 110,000.00 Design Engineering $1,730,000.00 25,000.00 Design Surveys $ 105,000.00 Soils Engineering/Testing $ 210,000.00 Environmental Impact Report $ 70,000.00 Construction Surveys $ 351,000.00 City Plan Check Inspection $1,061,000.00 28,000.00 City Administration $ 150,000.00 Construction Management $ 432,000.00 Contingency $ 150,000.00 TOTAL CONSTRUCTION INCIDENTAL EXPENSES III. FINANCIAL INCIDENTAL EXPENSES $17,654,000.00 $4,369,000.00 Assessment Engineer $ 25,000.00 Special Tax Consultant C $ 25,000.00 Special Absorption Study $ 15,000.00 Legal Expense: Bond Counsel $ 70,000.00 City Attorney $ 8,000.00 Appraiser $ 28,000.00 Bond Servicing: Official Statement $ 9,500.00 Printing & Servicing $ 5,000.00 Filing & Recording Fees $ 5,000.00 Registrar & Paying Agent $ 17,500.00 Printing & Advertising $ 7,500.00 City Administration $ 35,000.00 Capitalized Interest* $3,131,798.00 Contingency $ 200,000.00 j Page 2 of Exhibit B ,AGENDA ITEM NO. ✓_ PAGr. OE L TOTAL FINANCIAL INCIDENTAL EXPENSES $3,582,298.00 *Capitalized Interest equals 1.75 years interest at approximately 7% of the bonds issued. [ IV. BOND MARKETING AND RESERVE FUND Reserve Fund @ 10% $2,926,000.00 Marketing @ 2-1/2% $ 732,000 TOTAL BOND MARKETING & RESERVE FUND V. SUMMARY OF COSTS AND EXPENSES 1 Public Improvements Construction Incidental Expense Financial Incidental Expense Marketing & Reserve Fund Amount to Bond $3,658,000.00 $17,654,000.00 $ 4,369,000.00 $ 3,582,298.00 $ 3,658,000.00 X29,263.298.00 For annual debt service and other parameters of financing see f Exhibit C. Page 3 of Exhibit B AGENDA ITEM No. PAGE OF 1 . Y N L r \ a3• 8 .�< tS i S� V r� r 3y AGENDA ITEM�NLl J PAGE 7 - CF— —"r— I Page 4 -Exhibit I EXHIBIT C RATE AND METHOD OF APPORTIONMENT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 88-3 OF THE CITY OF LAKE ELSINORE (WEST LAKE ELSINORE) j} A Special Tax (the "Special Tax")_ shall be levied on and collected from each parcel in Special Tax Area A and Special Tax Area B of Community Facilities District No. 88-3 in each Fiscal Year, commencing July 1, 1990, in an amount determined by the City Council of the City of Lake Elsinore through the application of the appropriate Special Tax for "Developed Property" and "Undeveloped Property" as described below. All of the property in CFD No. 88-3, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the { manner herein provided. ( A. Definitions. The terms hereinafter set forth have the following meanings: r "Act" means the Mello -Roos Community Facilities Act of 1982, y being Chapter 2.5, Division 2 of Title 5 of the Government Code t of the State of California. "Approved Undeveloped Property" means all Taxable Property in CFD No. 88-3 as of July 1 of any year not classified as Developed Property, for which a final tract map has been recorded as of March 1 of the previous Fiscal Year. "Assigned Special Tax" means the Special Tax for each Land Use Class, as determined by reference to Table I and Table II of Section C below. "Base Maximum Special Tax" means an amount equal to $0.19 per square foot of Assessor's Parcel applicable to each parcel of �. Developed, Approved Undeveloped and Raw Undeveloped Property within Special Tax Area A in Fiscal Year 1990-91, and an amount equal to $0.05 per square foot of Assessor's Parcel applicable to each parcel of Developed, Approved Undeveloped and Raw Undeveloped Property within Special Tax Area B in Fiscal Year 1990-91. �- "City" means the City of Lake Elsinore. "Council" means the City Council of the City of Lake Elsinore. 1 12/18/89 L AGENDA ITEM NO. 3 y '3 PAGE- :y" means all of the Assessor's Parcels within the ,D No. 88-3 which are not exempt from the Special law or Section E below. to Land Use Categories. --h year, all Taxable Property within CFD No. 88-3 ;orized either as Developed Property, Approved party or Raw Undeveloped Property, and shall be in accordance with the rate and method of etermined pursuant to Sections C and D below. determining the applicable Maximum Special Tax :tion C and depending on its location in Special 3, Developed Property shall be assigned to one of signated in Table I or Table II below. Single Residential Developed Property shall be assigned through 4 based on the square footage of the exclusive of garages or other structures not used to be constructed on an Assessor's Parcel as set =iginal building permit issued for such property. =ntial Developed Property shall be assigned to ustrial Developed Properties shall be assigned to ;quare footage of a Commercial/Industrial building :uted from the gross square footage for the reflected in the building plans upon which the i:(s) for such parcel was issued. The acreage of a -strial parcel shall be determined by reference nt Assessor's Parcel Map and, if appropriate, '.ant parcel map or other subdivision tract :he Office of the Recorder for Riverside County. :3ecial Tax Rate Loped Property to to map um Special Tax for an Assessor's Parcel classified ped Property in Classes 1 through 6 shall be the f (i) the amount derived by multiplying the square f such Assessor's Parcel times the Base Maximum ax or (ii) the Assigned Special Tax determined by to Table I or Table II below. For purposes of =ion C, the acreage or square footage of an parcel shall be determined by reference to the ant Assessor's Parcel Map and, if appropriate, to current parcel map or other subdivision tract map with the Office of the Recorder for Riverside .y in CFD No. 88-3 Dn building permit iscal Year. :ies designated by ve years or longer isions of the Act. 1 and ending the sted in Table I or ircel is assigned .eveloped Property 1990-91 means an Area A and $2,353 Tax, determined 3 by the Council Property and for in CFD No. Undeveloped i Land Use Class, that can be levied to be determined authorized costs ose necessary to the Special Taxes, inistrative amount each levy), to pay e funds for future no revenues are amounts delinquent n past Special Tax o its proper level e fund based upon e for anticipated past delinquency or to accumulate , orized servicgs. AGENDA ITEM NO. JJ PAGE Page 4 Notwithstanding the above, for Attached Residential Developed Property, a portion of the acreage in a recorded jl tract map shall be taxed as Undeveloped Property if building permits for one or more, but not all, of the units in the approved condominium or site plan for that map have been issued. The acreage in a recorded tract map to be taxed as Undeveloped Property shall equal the proportion of the associated condominium or site plan's approved units for which building permits have not been issued, multiplied by the total acreage within that tract map. Notwithstanding Section E below, for purposes of computing the Base Maximum Special Tax for each dwelling unit located on parcels of Attached Residential Developed Property that are owned by a homeowner's or property owner's association, the square footage of the entire Assessor's Parcel shall be { included to determine the Base Maximum Special Tax. r In making the computations set forth in this Section C (1) tt and in determining the Maximum Special Tax which may be levied in any Fiscal Year, on July 1, 1991 and on each July 1 thereafter, the Base Maximum Special Tax and the Assigned Special Tax for each class set forth in Table I and Table II t shall be increased by an amount equal to 2.0% of the amount in effect for the previous Fiscal Year. TABLE I l ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX AREA A OF COMMUNITY FACILITIES DISTRICT NO. 88-3 (FISCAL YEAR 1990-91) PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/INDUSTRIAL) C (ALL SPECIAL TAX AREA A PROPERTIES ARE IDENTIFIED ON ATTACHED MAP AND IN THE "NOTICE OF SPECIAL TAX LIEN" TO BE RECORDED IN CONJUNCTION WITH THIS DISTRICT) L Assigned Special Land Use Density or Tax (Fiscal Class Description Square Footage Year 1990-91) 1 Single Family 2,800 or more $ 1,969 per Detached unit 2 Single Family 2,300 - 2,799 SF $ 1,688 per _ Detached unit 3 Single Family 1,700 - 2,299 SF $ 1,406 per Detached unit 4 Single Family Less than 1,700 SF $ 1,126 per Detached unit L 5 Attached Homes Not Applicable $ 901 per unit 6 Commercial/ Not Applicable $ 8,277 pe e Industrial 4_ AG£NDA )TEM NO' ov 5q. PAGE 5,1 Page 5 The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Base Maximum Special Tax alternative is used ($0.19 per square foot of Assessor's Parcel). The Base Maximum Special Tax would be applied under the Fourth step of Section D (below) to lots larger than a certain size for each class of Single Family Detached Property. Single Family Detached lots, larger than the following minimum sizes, would be taxed at the Base Maximum Special Tax: Class 1: 10,363 Sq. Ft. Class 3: 7,400 Sq. Ft. Class 2: 8,884 Sq. Ft. Class 4: 5,926 Sq. Ft. The Base Maximum Special Tax would also apply to Class 5 if units are built at densities less than 9.18 units per acre and to all Class 6 parcels. { TABLE II ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX AREA B t OF COMMUNITY FACILITIES DISTRICT NO. 88-3 (FISCAL YEAR 1990-91) tf PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/INDUSTRIAL) (ALL SPECIAL TAX AREA B PROPERTIES ARE IDENTIFIED ON ATTACHED MAP { AND IN THE "NOTICE OF SPECIAL TAX LIEN" TO BE RECORDED IN I CONJUNCTION WITH THIS DISTRICT) Assigned Special Land Use Density or Tax (Fiscal Class Description Square Footage Year 1990-91) 1 Single Family 2,800 or more $ 1,969 per Detached unit 2 Single Family 2,300 - 2,799 SF $ 1,688 per Detached unit 3 Single Family 1,700 - 2,299 SF $ 1,406 per Detached unit 4 Single Family Less than 1,700 SF $ 1,126 per Detached unit 5 Attached Homes Not Applicable $ 901 per unit 6 Commercial/ Not Applicable $ 2,178 per acre Industrial L. The Maximum Special Tax may exceed the Assigned Special Tax for some Assessor's Parcels within each class if the Base Maximum Special Tax alternative is used ($0.05 per square foot of Assessor's Parcel). The Base Maximum Special Tax would be applied under the Fourth step of Section D (below) to lots larger than a certain size for each class of Single Family Detached Property. Single Family Detached lots, larger than the following minimum sizes, would be taxed at the Base Maximum Special Tax: Class 1: 39,380 Sq. Ft. Class 2: 33,760 Sq. Ft. Class 3: 28,120 Sq. Ft. Class 4: 22,520novigg AGENDA ITEM WO PAGE OF.. C I Page 6 The Base Maximum Special Tax would also apply to Class 5 if units are built at densities less than 2.41 units per acre and to all Class 6 parcels. 2. Undeveloped Property The Maximum Special Tax for an Assessor's Parcel classified ( as Raw Undeveloped Property or Approved Undeveloped Property ( shall be the greater of (i) the amount derived by multiplying the square footage of such Assessor's Parcel by the Base Maximum Special Tax (as applicable for each Special Tax Area) or (ii) the Maximum Assigned Special Tax Rate. The Assigned Special Tax for Approved Undeveloped Property shall be $ 990 per lot in both Special Tax Area A and Special Tax Area B except for recorded lots over 20,000 square feet, for which the Assigned Special Tax shall be $2,157 per acre. The Maximum Assigned Special Tax for Approved Undeveloped Property and Raw Undeveloped Property shall be $9,207 per acre in Special Tax Area A and $2,353 per acre in Special Tax Area B. ' In making the computation set forth in Section C (2) and in determining the Assigned Special Tax for Approved Undeveloped Property and the Maximum Assigned Special Tax on Raw and Approved Undeveloped Property which may be levied in any Fiscal Year, on July 1, 1991 and on any July 1 thereafter, the Assigned Special Tax for Approved Undeveloped Property and the Maximum Assigned Special Tax for Raw and Approved Undeveloped Property shall be increased by an amount equal to 2.0% of the amount in effect for the previous Fiscal Year. D. Method of Apportionment of the Special Tax to Developed { Property and Undeveloped Property. Starting in Fiscal Year 1990-91 and for each following Fiscal Year, the Council shall determine the amount of money to be collected from Taxable Property in CFD No. 88-3 in the Fiscal Year (the Special Tax Requirement). ( The Council shall levy the Special Tax as follows until the l amount of the levy equals the Special Tax Requirement: First: The Special Tax shall be levied on each parcel of Developed Property, exclusive of property exempt from Special Taxes pursuant to Section E below, in equal percentages (up to 1000) of the Assigned Special Tax Rate for each class of Developed Property for such Fiscal Year determined by reference to Table I and Table II; ` AGENDA ITEM NO.✓�� L—� ( . \ PAGE -21 GFy'--t— I I I Page 7 I Second: If additional monies are needed after the first step has been completed, the Special Tax shall be levied on each parcel of r Approved Undeveloped Property, exclusive of Undeveloped Property Il exempted by law or by the provisions of Section E (below), in equal percentages (up to 100%) of the Assigned Special Tax; i Third: If additional monies are needed after the first two steps i have been completed,.then the Special Tax shall be levied on each parcel of Raw Undeveloped Property in equal percentages (up to 100%) of the Maximum Assigned Special Tax for Raw Undeveloped Property, exclusive of Undeveloped Property exempted by law or by the provisions of Section E below, up to, for Special Tax 1_rea A, 91.47% of the Special Tax Requirement (i.e. net of revenues collected in the first and second steps above) and, for Special Tax Area B, 8.53% of the Special Tax Requirement (i.e. net of revenues collected in the first and second steps above); Fourth: I£ additional monies are needed after the first three steps have been completed, the Special Tax shall be levied on each parcel of Approved Undeveloped Property, exclusive of Undeveloped Property exempted by law or by the provisions of Section E (below), in equal percentages (up to 100%) of the Maximum Assigned Special Tax for Approved Undeveloped Property; Fifth: If additional monies are needed after the first four steps have been completed, then the levy of the Special Tax on C each parcel of Developed Property whose Maximum Special Tax is determined through the application of the Base Maximum Special Tax Rate shall be increased in equal percentages from the Assigned Special Tax Rate up to the Maximum Special Tax Rate for each such parcel for such Fiscal Year; Sixth: If additional monies are needed after the first five steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property owned by a Homeowners' Association which has not been j exempted from the Special Tax pursuant to Section E, up to the [_ Maximum Special Tax for Undeveloped Property; and Seventh: If additional monies are needed after the first six steps have been completed, then the Special Tax shall be levied proportionately on each parcel of Developed or Undeveloped Property conveyed or irrevocably offered to a public agency which has not been exempted from the Special Tax pursuant to Section E, up to the Maximum Special Tax for Undeveloped Property. u -*j^0 AGENDA ITEM j No. �y PAGEu o� C I I Page 8 I E. Exemptions 1. _Special Tax Area A A Special Tax shall not be imposed on up to 156.50 acres of Undeveloped Property conveyed or irrevocably offered to a public agency or conveyed to a Homeowners' Association. The acres exceeding such total of 156.50 acres shall be taxed consistent with Developed or Undeveloped Property to the extent set forth in Steps Six and Seven of Section D above. Under no circumstances shall the Council impose a Special Tax on land which is a public right of way or which is an unmanned utility property utilized fcr the provision of services to the public or a property encumbered with public or utility easements making impractical its utilization for other than the purposes set forth in the easement. 2. Special Tax Area B ` A Special Tax shall not be imposed on up to 486 acres of Undeveloped Property conveyed or irrevocably offered to a public agency or conveyed to a Homeowners' Association. The acres exceeding such total of 486 acres shall be taxed consistent with f Developed or Undeveloped Property to the extent set forth in t Steps Six and Seven of Section D above. Under no circumstances shall the Council impose a Special Tax on land which is a public right of way or which is an unmanned utility property utilized for the provision of services to the public or a property encumbered with public or utility easements making impractical its utilization for other than the purposes set forth in the easement. F. Review/Appeal Committee The Council shall establish as part of the proceedings and administration of CFD No. 88-3 a special three-member Review/Appeal Committee. Any landowner or resident who feels j that the amount of the Special Tax, as to their parcel, is in ( error may file a notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on such parcel. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. AGENDA ITEM NO._aq C \ CC��'' PAGE -.L OF -5_L4, Page 9 G. Manner of Collection. The special taxes for CFD No. 88-3 will be collected in the same manner and at the same time as ordinary ad valorem .property r taxes, provided, however, that CFD No. 88-3 may collect Special ii Taxes at a different time or in a different manner if necessary to meet its financial obligations. In the event of a delinquency, CFD No. 88-3 will pursue foreclosure in a timely manner. t. t L L- l-. AGENDA ITEM NO. 3 (j PA"- J p SCALE AGENDA ITEM NO. 3y Lul''��d1 OF PAGE M - EXHIBIT TO RATE AND METHOD OF APPORTIONMENT FOR PROPOSED COMMUNITY FACILITIES DISTRICT W, 88-3 IN THE CITY OF LAKE ELSINORE, COUNTY 0= RIVERSIDE. STATE OF CALIFORNIA (Portion of Exhibit C) ),/ RELATIONSHIP OF EQUIVALENT DWELLING UNIT ASSIGNMENTS TO PROJECTED SQUARE FOOTAGE OF RESIDENTIAL A ux>r� FOR CITY OF LAKE LSCIAN E CFD NO. 88-3 SPECIAL TAX AREAS A & B ' 1,700 SF = 1.00 EDU EDU PROJECTED RANGE SQUARE FOOTAGE > 2.80 RANGES FOR CLASS RESIDENTIAL CATEGORIES 1 SFD ( 2,799 SF) 2 SFD 2, 00-2,799 S 3 SFD 1,700-2,299 SSP4 SF (<1,700SF) ' 1,700 SF = 1.00 EDU EDU ACTUAL RANGE EDU > 2.80 1.75 2.30-2.80 1.50 1.70-2.30 1.25 <1.70 1.00 ' AGENDA ITEM NO. -34 PACE OF U r C LAGENDA ITEML{NOO. PAGE OF EXHIBIT E PROJECTED SPECIAL TAXES FOR CITY OF LAKE ELSINORE CFD NO. 88-3 SPECIAL TAX AREAS A & B SINGLE FAMILY DETACHED SINGLE FAMILY DETACHED SINGLE FAMILY DETACHED (2.800 SF AND ABOVE) (2,300-2,799 SF) (1,700-2,299SF) FISCAL NOF TAX! TOTAL MOF TAXI TOTAL NOF TAXI TOTAL YEAR UNITS UNIT REVENUES UNITS UNIT REVENUES UNITS UNIT REVENUES 1989-90 0 $0 $0 0 $0 $0 0 $0 $0 1990-91 0 $0 $0 0 $0 $0 0 $0 $0 1991-92 37 $2.008 $74,301 163 $1.721 $280,564 388 $1.434 $556,538 1992-93 37 $2.048 $75,787 311 $1,756 $546,015 721 $1,463 $1,054,868 1993-94 37 $2.089 $77,302 381 $1,791 $682.290 882 $1,492 $1,316,230 1994-95 37 $2.131 $78,848 418 $1,827 $763,521 969 $1,522 $1,474,983 1995-96 37 $2,026 $74,957 447 $1,736 $776,193 1,019 $1,447 $1,474,534 1996-97 37 $2,021 $74,785 447 $1,732 $774,418 1,019 $1,444 $1,471,163 1997-98 37 $2,018 $74,652 447 $1,729 $773,035 1,019 $1,441 $1,468,537 1998-99 37 52,020 $74,751 447 $1,732 $774,062 1,019 $1,443 $1,470,488 1999-00 37 $2,063 $76,325 447 $1,768 $790,360 1,019 $1.473 $1,501,448 2000-01 37 $2.106 $77,930 447 $1,805 $806,983 1,019 $1,504 $1,533,027 2001-02 37 $2.150 $79,568 447 $1,843 $823,939 1,019 $1,536 $1,565238 2002-03 37 $2,196 $81,238 447 $1.882 $841,234 1,019 $1,568 $1,598,094 2003-04 37 $2,242 $82,941 447 $1,921 $858,875 1.019 $1,601 $1,631,607 2004-05 37 $2.289 $84,679 447 $1,962 $876.869 1,019 $1,635 $1,665.789 2005-06 37 $2.337 $86,451 447 $2.003 $895,222 1,019 $1.669 $1,700,656 2006-07 37 $2,385 $88,259 447 $2,045 $913.943 - 1.019 $1,704 $1,736,219 2007-08 37 $2435 $90.103 447 $2,087 $933,038 1,019 $1,739 $1,772,494 2008-09 37 $2.488 $91,984 447 $2,131 $952,515 1,019 $1,776 $1,809494 2009-10 37 $2.538 $93,903 447 $2,175 $972,381 1,019 $1,813 $1,847,235 2010-11 37 $2,591 $95,859 447 $2,221 $992,645 1,019 $1,851 $1,885.730 2011-12 37 $2,645 $97,856 447 $2,267 $1,013,315 1,019 $1,889 $1.924,996 2012-13 37 $2,700 $99.891 447 $2,314 $1,034,397 1.019 $1,928 -$1,965,046 2013-14 37 $2.756 $101,968 447 $2,362 $1,055.901 1,019 $1,968 $2,005.898 2014-15 37 3636 $23.539 447 $545 $243,747 1,019 $454 $463,047 LAGENDA ITEML{NOO. PAGE OF f I 11 I L I 1-/ I .4mo 0 1.3 111111 PROJECTED SPECIAL TAXES FOR CITY OF LAKE ELSINORE CFD NO. 88-3 •62'�.+�`r:r,11'sn.:.-:t'-i.3.3.'ri:+%..: .:`� X,'.'c.0 :..: SPECIAL TAX AREAS A & B APPROVED UNDEVELOPED LOTS RAW UNDEVELOPED PROPERTY NOF SINGLE FAMILY DETACHED - (LESS THAN 1,700 SF) FISCAL NOF TAX/ TOTAL YEAR UNITS UNIT REVENUES 1989-90 0 $0 $0 1990-91 0 SO SO 1991-92 54 $1,148 $61.965 1992-93 72 $1,170 $84,272 1993-94 72 $1,194 $85,958 1994-95 72 $1,218 $87,677 1995-96 122 $1,158 $141,231 1996-97 172 $1,155 $198.657 1997-98 222 $1,153 $255,949 1998-99 266 $1.154 $307,085 1999-00 266 $1,179 $313,551 2000-01 266 $1,204 $320,145 2001-02 266 $1,229 $326,872 2002-03 266 $1,255 $333.733 2003-04 286 $1,281 $340.732 2004-05 266 $1,308 $347,870 2005-06 266 $1,335 5355,152 2006-07 266 $1,363 $362,578 2007-08 266 $1,392 $370,154 2008-09 266 $1,421 5377.881 2009-10 266 $1,450 $385,762 2010-11 266 $1.480 $393,801 2011-12 266 $1.511 $402,001 2012-13 266 $1,543 $410,365 2013-14 266 $1.575 $418.896 2014-15 266 $364 $96,699 •62'�.+�`r:r,11'sn.:.-:t'-i.3.3.'ri:+%..: .:`� X,'.'c.0 :..: SPECIAL TAX AREAS A & B APPROVED UNDEVELOPED LOTS RAW UNDEVELOPED PROPERTY NOF TAX/ TOTAL NOF TAX/ TOTAL LOTS LOT REVENUES ACRES ACRE REVENUES NA $0 m 486.3 $0 SO 642 $0 SO 486.3 SO $0 499 $0 SO 309.8 $0 SO 231 $936 $216,299 172.6 $143 $24,599 124 $955 $118.431 109.1 $784 $85,534 129 $84 $10,800 75.0 50 $0 50 $0 50 39.6 50 $0 50 50 50 25.8 $0 80 44 $0 50 12.1 $0 $0 0 $0 $0 0.0 $0 $0 0 $0 $0 0.0 50 $0 0 $0 $0 0.0 $0 SO 0 $0 $0 0.0 $0 $0 0 $0 $0 0.0 50 $0- 0 $0 $0 0.0 50 $0 -- 0 $0 $0 0.0 $0 $0 0 $0 $0 0.0 50 50 0 $0 $0 0.0 $0 $0 0 $0 $0 0.0 $0 $0 0 $0 $0 0.0 $0 $0 0 $0 $0 0.0 $0 $0 0 $0 $0 0.0 $0 $0 0 $0 $0 0.0 $0 $O 0 $0 50 0.0 $0 50 0 $0 $0 0.0 $0 $0 0 $0 $0 0.0 50 $0 AGENDA IT�E�M/ N0. __11Z PAOF .� 0 r e RESOLUTION NO. 89-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 (WEST LAKE ELSINORE), CALLING A SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE PROPOSITION OF INCURRING SUCH BONDED INDEBTEDNESS AND DESIGNATING THE CITY CLERK OF THE CITY AS THE ELECTION OFFICIAL WHEREAS, the City Council (the "City Council") of the City of Lake Elsinore ("the City") has heretofore on November 14, 1989, duly adopted Resolution No. 89-64 declaring its intention to establish a community facilities district and to levy a special tax to pay for certain public facilities in and for such community facilities district under and pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982" (the "Act"), being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, which such community facilities district was designated as "City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore)" (the "Community Facilities District"); and WHEREAS, the City Council has heretofore on November 14, 1989, duly adopted Resolution No. 89-65 declaring its intention to incur a bonded indebtedness in the amount of thirty million dollars ($30,000,000) to finance certain public infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition (the "Facilities") within the Community Facilities District, such bonded indebtedness to be secured by the levy of a special tax within the Community Facilities District; and WHEREAS, pursuant to Resolution No. 89-64, a public hearing was held by the City Council on December 26, 1989, at which hearing all persons interested, including all taxpayers, AGENDA ITEM NO. -L I PA3E 51 OF-"a� property owners and registered voters within the Community Facilities District were given an opportunity to appear and be heard, and the testimony of all interested persons or taxpayers for or against the establishment of the Community Facilities District and the levy of the special tax therein, or the extent of the Community Facilities District, or the furnishing of the Facilities, or the establishment of an appropriations limit therefor, or any other matters set forth in said Resolution No. 89-64, was heard and considered; and WHEREAS, at the end of said public hearing the City Council duly adopted a Resolution of the City establishing the Community Facilities District; and WHEREAS, pursuant to said Resolution No. 89-65, a public hearing was held by the City Council on December 26, 1989, at which hearing any persons interested, including all taxpayers, property owners and registered voters within the Community Facilities District, were given an opportunity to appear and be heard on the proposed debt issue or any other matters set forth in said Resolution No. 89-65, and they were permitted to present any matters relating to the necessity for incurring such bonded indebtedness to pay for all or a portion of the Facilities and to be secured by a special tax to be levied within the Community Facilities District; and premises; WHEREAS, the City Council is fully advised in the NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AS FOLLOWS: correct. Section 1. All of the above recitals are true and Section 2. The City Council hereby declares and deems that the public convenience and necessity require and it is necessary that bonded indebtedness be incurred to finance all or a portion of the Facilities as more particularly set forth in Exhibit B to Resolution No. 89-64 for the Community Facilities District. 2628m5 2 AGENDA ITEM NO. 3y PAGE A OF ,�.1. E Section 3. The purpose for the proposed bonded indebtedness is to finance (i) the acquisition, construction, expansion and rehabilitation of the Facilities, including incidental expenses consisting of the costs of planning and designing the Facilities, including the costs of environmental evaluations thereof, (ii) the cost of providing consultant and administrative services, (iii) all costs associated with the establishment of the Community Facilities District, the issuance of bonds, the determination of the amount of any special taxes to be levied, the cost of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other expenses incidental to the acquisition, construction, completion and inspection of the Facilities. Section 4. The whole of the territory within the Community Facilities District will be benefitted by such bonded indebtedness and will be subject to a special tax to pay for such bonded indebtedness, as set forth in the resolution establishing the Community Facilities District. Section 5. The amount of the proposed bonded indebtedness to be incurred to finance all or a portion of the Facilities (including incidental expenses as authorized by the Act) is thirty million dollars ($30,000,000). Section 6. The maximum term of the bonds shall not exceed forty (40) years from the date of the bonds, or the date of any series thereof. Section 7. The maximum annual rate or rates of interest to be paid on the bonds shall not exceed the maximum annual rate permitted by law at the time of the sale of the bonds, as determined at that time, payable semiannually commencing the first March 1 or September 1 following their date. Section 8. The City Council hereby declares that the proposition of incurring such bonded indebtedness shall be 2628m5 3 AGENDA ITEM NO. 3g} PAGE— LA -OF -EL submitted to the qualified electors within the Community Facilities District and shall be combined in one ballot proposition with the question of levying a special tax within the Community Facilities District and the establishment of an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith, all in accordance with and subject to the Act, all the terms of which shall be applicable to such election. Section 9. An election shall be and is hereby called and ordered to be held in the Community Facilities District on Wednesday, June 13, 1990, at which election there shall be submitted to the qualified electors within the Community Facilities District the combined ballot proposition of levying a special tax, of establishing an appropriations limit and of incurring such bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A hereto, with such changes therein as shall be requested by the City Clerk as the designated election official of the Community Facilities District. Section 10. If the combined proposition for the levying of such special tax, the establishing of such appropriations limit and the incurring of such bonded indebtedness receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the bonds may be issued and sold for the purpose for which authorized, and the bonds (except where funds are otherwise available) shall be paid exclusively from the annual levy of such special tax and are not and shall not be secured by any other taxing power or funds of the City or other public agency or the Community Facilities District. Section 11. The City Council does hereby submit to the qualified electors within the Community Facilities District at said special election the combined ballot proposition described in Section 9 of this resolution, and designates and refers to said proposition in the form of 2628m5 4 AGENDA ITEM NO. 314 PAGE �C SG- OF,5 q 0 Section 3. The purpose for the proposed bonded indebtedness is to finance (i) the acquisition, construction, expansion and rehabilitation of the Facilities, including incidental expenses consisting of the costs of planning and designing the Facilities, including the costs of environmental evaluations thereof, (ii) the cost of providing consultant and administrative services, (iii) all costs associated with the establishment of the Community Facilities District, the issuance of bonds, the determination of the amount of any special taxes to be levied, the cost of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, together with any other expenses incidental to the acquisition, construction, completion and inspection of the Facilities. Section 4. The whole of the territory within the Community Facilities District will be benefitted by such bonded indebtedness and will be subject to a special tax to pay for such bonded indebtedness, as set forth in the resolution establishing the Community Facilities District. Section 5. The amount of the proposed bonded indebtedness to be incurred to finance all or a portion of the Facilities (including incidental expenses as authorized by the Act) is thirty million dollars ($30,000,000). Section 6. The maximum term of the bonds shall not exceed forty (40) years from the date of the bonds, or the date of any series thereof. Section 7. The maximum annual rate or rates of interest to be paid on the bonds shall not exceed the maximum annual rate permitted by law at the time of the sale of the bonds, as determined at that time, payable semiannually commencing the first March 1 or September 1 following their date. Section B. The City Council hereby declares that the proposition of incurring such bonded indebtedness shall be 2628m5 3 AGENDA ITEMS �QNo.g} 3 PAGE- -1- OF I L_ submitted to the qualified electors within the Community Facilities District and shall be combined in one ballot proposition with the question of levying a special tax within the Community Facilities District and the establishment of an appropriations limit in the amount of $3,000,000 per fiscal year in connection therewith, all in accordance with and subject to the Act, all the terms of which shall be applicable to such election. Section 9. An election shall be and is hereby called and ordered to be held in the Community Facilities District on Wednesday, June 13, 1990, at which election there shall be submitted to the qualified electors within the Community Facilities District the combined ballot proposition of levying a special tax, of establishing an appropriations limit and of incurring such bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A hereto, with such changes therein as shall be requested by the City Clerk as the designated election official of the Community Facilities District. Section 10. If the combined proposition for the levying of such special tax, the establishing of such appropriations limit and the incurring of such bonded indebtedness receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the bonds may be issued and sold for the purpose for which authorized, and the bonds (except where funds are otherwise available) shall be paid exclusively from the annual levy of such special tax and are not and shall not be secured by any other taxing power or funds of the City or other public agency or the Community Facilities District. Section 11. The City Council does hereby submit to the qualified electors within the Community Facilities District at said special election the combined ballot proposition described in Section 9 of this resolution, and designates and refers to said proposition in the form of 2628m5 4 AGENDAITEM NO. 314 PAGE COFL7 . ballot hereinafter prescribed for use at said election. (a) Said special election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined, as herein provided; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by the laws regulating elections of the City and consistent with the Act. (b) The requirements of Section 53326 of the Act have been waived by each landowner; the ballots for the special election shall be distributed by personal or mailed delivery to each of the landowners within the Community Facilities District. Each landowner shall have one vote for each acre or portion thereof that he, she or it owns within the Community Facilities District, as provided in Section 53326 of the Act. (c) All qualified electors qualified to vote at elections in the Community Facilities District upon the date of the special election herein provided for shall be qualified to vote upon the measure submitted at said special election. (d) On the ballots to be used at said special election, in addition to all other matters required by law to be printed thereon, shall appear the measure described in Section 9 hereof. Each voter to vote for said measure and for levying said special tag, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "YES" or to vote against said measure and against levying said special tag, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "NO." (e) The City Clerk shall commence the canvass of the returns of the special election at 9:00 A.M. on the day following the date of the special election and at the 2628m5 5 AGENDA ITEM NO. 39 C PAGE 5 L OF—LLLL. conclusion thereof shall determine the results of the special election and shall certify said results to the City Council. (f) The City Council shall declare the results of said special election at the neat regular meeting following receipt of the certificate from the City Clerk, and shall cause to be spread upon its minutes a statement of the results of said special election as ascertained by said canvass. Section 12. The City Clerk is hereby directed upon the passage and adoption of this resolution to publish a copy of the same once a week for two (2) succeeding weeks in the Sun Tribune, a newspaper of general circulation in the area of the Community Facilities District, in accordance with Section 53352 of the Act. This publication shall constitute notice of said special election at which the combined proposition of levying a special tax, establishing an appropriations limit and incurring a bonded indebtedness is submitted to the qualified electors within the Community Facilities District, and no other notice of said special election need be given. 2628m5 C AGENDA ITEM NO•�((� PAGE �� OF�2 _L A PASSED, APPROVED and ADOPTED this 13th day of March, 1990. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: VICKI LYNNE KASAD, City Clerk APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPER, CITY ATTORNEY 2628m5 7 JIM WINKLER,'MAYOR AGENDA ITEM NO. 3 I PAGE OF —LLL EXHIBIT A PROPOSITION XXX: Shall City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) be authorized to finance all or a portion of the acquisition and construction of public infrastructure facilities, including streets, drainage, sewer and water improvements, fire protection and park facilities, together with necessary appurtenances thereto and site and right-of-way acquisition, by incurring a bonded indebtedness in the principal amount of $30,000,000 and shall an appropriations limit in the amount of $3,000,000 per.fiscal year in connection therewith be established for the Community Facilities District, and shall a special tax with a maximum rate and method of apportionment as provided in Exhibit C to Resolution No. 89-64 adopted by the City Council of the City of Lake Elsinore on November 14, 1989, which is incorporated by reference herein, be levied to pay for such public facilities, including the payment of current or future principal of and interest on such bonds and the annual administration expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting the special tax, and including the repayment of funds advanced to or on behalf of the Community Facilities District? 3 LI AGENDA ITEM[N�JO. 5 PAGE �.L—{- OF� REPORT TO CITY COUNCIL DATE: MARCH 13, 1990 SUBJECT: COMMUNITY FACILITIES DISTRICT 88-3 Prepared by: `� ����/ /\ Approved by: Milo K. Keith Ron Molendyk Special Projects Engineer City Manager I think you are familiar with the project as this is a continuation item from your December 26, 1989 council meeting. If you have any questions, the staff will be prepared to answer them at the meeting. The City Council approved the formation of the District on November 14, 1989. The Project Report has been prepared, which includes a rate and apportionment requirements for a Special Tax as required by Chapter 2.5, Part 1, Division 2, Title 5 of the — Government Code of the State of California. The project hearing was continued at your December 26, 1989 meeting in order to make certain adjustments to the report with particular reference to public works of construction funds being adequate. The report has been revised, and attached herewith are the revised pages to reflect these revisions: Title Page - Noted as Revised Page 2, and 3 - Minor Changes Exhibit B, Page 1, 2, and 3 - New Project Costs Exhibit D, and E - New Projected Special Tax Costs Upon approval of the report, and the order for filing thereof under Section 53321.5 of the Government Code, the Community Facilities District No. 88-3 will be underway. RCFD88-3-b-mkk RECOMMENDATION It is recommended that the City Council proceed with the procedures for final undertaking and completing the subject Community Facilities District (CFD 88-3) as recommended by the Special Bond Counsel, George McFarlin. ADDITIONAL INFORMATION I wish to apologize for the lateness of the revised report values; however, the final estimate costs and bond values were not available until March 9, 1990. If you approve the report, and proceed with the CFD, we will print and bind twenty-five (25) new copies of the revised report for filing in the City records. RCFD88-3-b-mkk AGENDA ITEM NO. 3H PAGE OF COMMUNITY FACILITIES DISTRICT NO. 88-3 CITY OF LAKE ELSINORE WEST LAKE ELSINORE INFRASTRUCTURE FACILITIES (CENTEX CONSORTIUM APPLICANT) (APPLICANT) JAMES WINKLER Mayor Fred Dominguez (Mayor Pro -tem) William S. Buck William A. Starkey Gary M. Washburn Councilmembers CITY STAFF Ron Molendyk - City Manager John R. Harper - City Attorney Vicki Lynne Kasad - City Clerk Ron Kirchner - Director of Public Services PROFESSIONAL SERVICES George W. McFarlin - Orrick, Herrington & Sutcliffe - Bond Council John Mandrell - RMG/The Keith Companies - Project Manager David Taussig - David Taussig & Assoc. - Special Tax Consultant Milo K. Keith - Consulting Engineer - Assessment Engineer Vic Dhooge - Miller and Schroeder - Underwriters DECEMBER 1989 REVISED MARCH 1990 RCFD88-3-b-mkk AGENDA ITEM N0. 34 \ PAGE OF -LL SECTION II. - DESCRIPTION OF FACILITIES A Community Facilities District may finance the purchase, construction, expansion or rehabilitation of any real or other tangible property with an estimated useful life of five years or longer. A general description of the proposed facilities follows: Grading and construction of streets, curbs, gutters, sidewalks, street lighting, storm drainage, water, sewer, and utility improvements (both on and off-site) to serve the development to be constructed, together with appurtenances and appurtenant work. Also included are firestation and park facilities as required by the City of Lake Elsinore. Based upon the above, it is my opinion that the facilities are those that are necessary to meet increased demands placed upon the local Agency as a result of development occurring within the boundaries of CFD No. 88-3. Special Project Engineer City of Lake Elsinore i /9")1_L e k 'u,4fG. Milo K. Keith SECTION III. - BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-3 The boundaries of CFD No. 88-3 are those properties and parcels where services are authorized to be provided and in which special taxes may be levied to pay for the costs and expenses of the facilities. The boundaries of CFD No. 88-3 are shown in the Boundary Map attached as Exhibit A. SECTION IV. - COST ESTIMATE The cost estimate for the Works of Improvement for CFD No. 88-3 is based upon current dollars and is subject to escalation. Project facilities, including expenses, is estimated to be $28,309,012.00 based upon current dollars, subject to escalation. For further particulars, reference is made to Exhibit B, Cost Estimates. -2- RCFD88-3-b-mkk AGENDA ITEM NO. PAGE OF� SECTION V. - RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX As noted in the Resolution of Intention, all of the property located within CFD No. 88-3, unless exempted by law, shall be taxed for the purpose of providing roadway, sewer, flood control and fire station facilities to serve the District. Pursuant to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property". However, this special tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body". The adopted "Rate and Method of Apportionment of Special Tax" which is printed below (Exhibit C), provides information sufficient to allow each property owner within each Special Tax Area of CFD No. 88-3 to estimate the maximum annual amount he will be required to pay under the Mello -Roos Program. This "Rate and Method of Apportionment" was adopted by the legislative body on November 14, 1989, as Exhibit C of the Resolution of Intention. Sections A - D, below, provide additional information on the special tax rate and method of apportionment. A. Explanation of Special Tax Apportionment When a Mello -Roos Community Facilities District (CFD) is formed, a special tax may be levied on each parcel of taxable property within the CFD to repay bonded indebtedness or other expenses incurred by the CFD. This special tax must be apportioned in a reasonable manner; however, the tax may not be allocated on an ad valorem basis. When more than one type of land -use is present within a CFD, several criteria may be considered when apportioning the special tax. Generally, criteria based on building square footage, lot size, density and/or land -use are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the Developer's product mix, and are reflective of the land -use types within the CFD. Special special tax levels are assigned to each category, with all parcels within a category paying the same special tax. The Mello -Roos Community Facilities Act does not require that special taxes be apportioned to individual parcels based upon benefit. However, in order to insure fairness and equity, benefit principles are -3- RCFD88-3-b-mkk AGENDA ITEM NO. PAGE OE EXHIBIT B COMMUNITY FACILITIES DISTRICT REPORT COMMUNITY FACILITIES DISTRICT NO. 88-3 City of Lake Elsinore MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 COST ESTIMATES (Rounded to $1,000) PUBLIC WORKS OF CONSTRUCTION Street Improvements Description Quantity Unit Price Grand Avenue 5000LF $ 474.00 Lincoln Street 370OLF $ 254.00 Le Gaye Street 150OLF $ 135.00 Total Street Improvements Storm Drain Improvements Description Quantity Unit Price Line B-1 South 720OLF $ 235.00 McVicker Canyon Debris Basin L/S Line C North 17,000LF $ 240.00 Rice Canyon Storm Drain L/S Total Storm Drain Improvements Sanitary Sewer Improvements Description Ouantity Unit Price Northshore Sewer System: VCP Sanitary Sewer 15,200LF $ 45.00 Pump Stations Modifications L/S Total Sanitary Sewer IMPROVEMENTS Water System Improvements Description Ouantity Unit Price 3.5 MG Reservoirs L/S Booster Pump Station L/S Main Supply Line 1600 $ 45.00 Total Water System Improvements Page 1 of Exhibit B Cost $2,370,000.00 $ 939,800.00 $ 202,500.00 $3,512,300.00 Cost $1,692,000.00 $1,500,000.00 $4,080,000.00 $ 518,000.00 $7,790,000.00 Cost $ 684,000.00 $ 625,000.00 $1,309,000.00 Cost $1,628,000.00 $ 195,000.00 $ 72,000.00 $1,895,000.00 AGENDA ITEM NO. 3 L4 PAGE (0 OFII II III Public Imorovements Description Quantity Unit Price Cost McVicker Canyon Park L/S $ 500,000.00 Lincoln Street Fire Station L/S $ 970,000.00 Total Public Improvements $1,470,000.00 TOTAL PUBLIC WORKS OF CONSTRUCTION $15,976,300.00 CONTINGENCIES $ 1,400,000.00 GRAND TOTAL PUBLIC WORKS OF CONSTRUCTION $17,376,300.00 CONSTRUCTION INCIDENTAL EXPENSES Preliminary Design $ 110,000.00 Design Engineering $1,217,000.00 30,000.00 Design Surveys $ 292,000.00 Soils Engineering/Testing $ 111,000.00 Environmental Impact Report $ 70,000.00 Right-of-way Acquisition $ 100,000.00 Construction Surveys $ 323,600.00 City Plan Check Inspection $ 980,480.00 City Administration $ 50,000.00 Construction Management $ 453,350.00 Contingency $ 50,000.00 TOTAL CONSTRUCTION INCIDENTAL EXPENSES $3,757,430.00 FINANCIAL INCIDENTAL EXPENSES Assessment Engineer $ 27,000.00 Special Tax Consultant $ 30,000.00 Special Absorption Study $ 15,000.00 Legal Expense: Bond Counsel $ 72,500.00 City Attorney $ 8,000.00 Appraiser $ 28,000.00 Bond Servicing: Official Statement $ 9,500.00 Printing & Servicing $ 5,000.00 Filing & Recording Fees $ 5,000.00 Registrar & Paying Agent $ 17,500.00 Printing & Advertising $ 5,000.00 City Administration $ 20,000.00 Capitalized Interest* $3,470,000.00 Contingency $ 65,700.00 TOTAL FINANCIAL INCIDENTAL EXPENSES $3,778,200.00 Page 2 of Exhibit B AGENDA ITEM NO. 3 9-= PAGE OF -11— tow W 0i116M *Capitalized Interest equals 1.75 years interest at approximately 7% of the bonds issued. BOND MARKETING AND RESERVE FUND Reserve Fund @ 10% Marketing @ 2% TOTAL BOND MARKETING & RESERVE FUND SUMMARY OF COSTS AND EXPENSES Public Improvements Construction Incidental Expense Financial Incidental Expense Marketing & Reserve Fund Amount to Bond $2,830,902.00 $ 566,180.00 $3,397,082.00 $17,376,300.'00 $ 3,757,430.00 $ 3,778,200.00 $ 3,397,082.00 $28,309,012.00 The total public works improvement cost reflects six (6) months of investment earnings. For annual debt service and other parameters of financing, see Exhibit C. Page 3 of Exhibit B AGENDAITEM NO. 3q PAGE v OFII l i 111i17' .) ASS GNM1�N '1111 1C,U�vP�ROl VQ'! U CNp�UAR� Iii)O1 GEi01= CITY Or- 1,N) hl:I SINOR�ic( 1I`n �018-3 SPUCIAI. TAX. ARUAS A & A ' 1,700 SF = 1.00 EDIJ EDU ACTUAL RANGE EDU i 65 1.75 3--) -• 1.65 1.50 00- 1.35 1.25 <_ 1 00 I nn AGENDA ITEMC{NO. -JJ.� PAGE _1._ OF—li— PROJEC 111) SQUARG FOOTAGE: RANGESFOR CLAS, $ RESiUEN'iIAL,CAI.1:G;;)HIFa 2 SFU(2.300-2,799 S)`) 3 SFD 1.700-2.299 SF) A CF (-r 1.7()0 CS') ' 1,700 SF = 1.00 EDIJ EDU ACTUAL RANGE EDU i 65 1.75 3--) -• 1.65 1.50 00- 1.35 1.25 <_ 1 00 I nn AGENDA ITEMC{NO. -JJ.� PAGE _1._ OF—li— 11 1.1 I-. [I t 1 1{ I j. IL1 . -4 L 11 ,, ..' 1 l 1 1 l,-1 S- 1- taa H b S V . . P12O)L'CII ti 1) IA f. T'.AX;;S Ft)It CITY Ol: LAKE 1d1.SIN01th CPU Nu. 8841 AGENDA ITEM NO. '3 9 PAGE OF < SINGLE FAMIt.Y DETACHED ".IRC!.: I A)III :' 7i I Ai H7: SINCIE FAMILY OETACHEO (2,600 SF AND ABOVE) (2_ 3lxV > T9) SP) (1,700 - 2,200 SF) FISCAL # OF TAX/ TOTAi 4 (11 1'cg/ 10110. 4' OF TAX/ TOTAL YEAR UNITS UNIT REVENULS UNIT'. 41'11 !*V?T;Mt; UNITS UNIT REVENUES 1060-90 0 Sc Sn 0 „ .>0 0 SO SO 1000-91 0 $0 $(1 0 SO 0 SO SO 1991-02 37 $2.008 S7n: <IU 0.0 t!;:45' S: -e,012 305 $1,434 $600,477 IIP92-93 37 $2,040 $75.790 300 41,7'r #b.^.G OnO 007 3'.463 31.019.573 1091.94 37 $2,000 577.37. DN 51.'^1 SWt'A 14 653 S1..97 $1,272.725 1094-0S 37 $2,131 8788511 403 3t. rr 47,:0340 037 51.52: $1628,020 1990-07 37 52.030 5751:«70 1?1 5t,: ui 57:MMXI 082 $1,454 $7627002 1997-P8 37 $2031 $75. t43 4(11 $I:; -LI -,7.t:) q88 982 $1460 81624,008 1098-90 37 $2032 87G, i 81 .4'11 .;.'1111, ''117:1:^6 082 $1461 $1.424,840 1990-00 37 $2,075 $76.785 4^. j1,i fp i,'4,^, 8p6 982 $7461 $1.154028 2000-01 37 92,118 576,376 427 51 s;c 5/0t a5 062 $1,5/3 $1,485,406 2001-02 37 $2.103 $80424 471 313 E•- S79V508 082 $1,544 51.618.1716 2002-03 37 $2,208 58/,70; 421 $t di? t/(1C,973 082 $1.577 $1.648.4;" 2003-04 37 $2,264 583.411, 4.1 $1.u3p S;: Bl.11fs 00: $1.610 51.6$0,95i 2004-06 37 $2.302 $0'1,161 9D2 $1.644 $1.613.958 2006-08 37 $2,350 580,943 4:'1 S ,, 11 aO tP,OnB 082 $1,078 $1.647719 2006-07 37 $2.309 $811760 4:1 .!"%' louts, 12 982 $1.713 $1682,156 2007-08 37 32449 SUQ013 .I:!I ii. 166, :{DhJ.891 082 51,740 $1717.270 2008-00 37 $2.500 W.504 .1:11 1: 14Z 'tt•t:.7s1 882 $1,785 111.753.06 2000-10 37 $2.662 $04,432 aIt t4z. V+t. Su •1, 141 002 $1822 $1.780,650 2010-11 37 $2.606 806,399 4:1 $C."0n '.,140.176 982 $1,900 $1,820,025 2011-12 37 52.600 $0960!: 4'I 1z:.EQ, FOb0"t. 982 $1.800 $1.884,016 2012-13 37 $2716 5100.45t •ICI S?,fG:'7 SD/9.9.1:0 882 $1.030 $1003.726 2013-t4 37 $2,771 SIOZ531t 431 Ye, .71: $:.00 "!6 082 $1,979 $1.043.262 2014-16 37 $041 123.710 4111 4•a0 j;','f 1.764 082 $456 $444.353 AGENDA ITEM NO. '3 9 PAGE OF < FISCAL YEAR logo -00 19g0-91 1991-02 1992-93 1993-94 ;9" 005-916 os 1985-98 1908-97 1997-08 logo -99 1029-00 2000-01 2001-02 2002-03 2003-04 2004-06 2005-00 2006-07 2007-08 2000-09 2009-10 2010-11 2011-12 2012-13 2013-14 au...c l;xlal' "' Is I -OR CITY OI LAKY. ill SINI INP ('111) No $$ 3 AGENDA ITEM L NO. 3L I I PAGE OF— r,t+p4tT.;a).ua�'N=.i(•FEDI(;I:; RAW U4t)FVF1 oPFI1 PROPFRTY 91NOLE FAMILY OE t Art IF O (LESS THAN 1,700 SF) 4 or TAXI TOTAL. NOF TAXI IUTAI. AF'!FMUE.S ACRES ACRE REVENUE UNITS UNIT iVcNW b girl:• _ -"" Su Nn -- 1>C 460 3 so $0 0 $0 0 2 n 100.4 $0 6 so 64 $1.149 S62X0 ;..., :.tan i41 107 5 73 $0 s0 72 $1,171 561: M7 .17 '- ., SJtl7 $70 807 72 S1"106 SUU OJ.1 1:,0 4.n Sn t^ ea t•.a•o r�>. �.• `A) ' F. 2U9 $0 so 122 $1,168 $132516 10 125 f0 SO 172 $1,166 $200,307 w12.5 �'" `0 S0 s0 222 $1,161 3257 7t30 a't ac: 0 $0 s0 Zee s1,ta2 s,T62000 5' 0 6 sos4 268 $1,186 5315,598 6 50 0 so so 208 $1.211 s3^2.232 0 50 0 266 $1.277 $324')af. 2 7• 5,1 0 $O SO 260 $1,263 5335.48'1 0 1 t 30 40 0 $0 $0 206 51.282 $342 059 0 0 $0 $0 266 $ 316 5360,112 0 0 $0 $0 206 $1.344 %3G744J ,) 266 Si,372 $36x.61;t o 0 $0 SO 208 $1400 $3%2X32 t' to 0 ;0 s0 266 $1430 S'180'.w- ° ) 0 S0 S4 206 $1460 $308:a2 0 yn 0 $0 so 200 $1420 S3 10 0 $0 SO 266 $1,621 1404,5615 4 ," 0 0 s0 $O 266 $1,653 $A 12.97R SO 0 SO SD 266 $1 .585 s41.i ti()0 �„ • to •' AGENDA ITEM L NO. 3L I I PAGE OF— REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: March 13, 1990 SUBJECT: Commercial Project 89-9: Pinnacle Lakeshore #3, A General Partnership; a request to construct a commercial center consisting of three (3) buildings totaling 28,770 square feet, located approximately 1,200 feet east of Main Street, north of Lakeshore Drive. PREPARED BY: Gabrielle Restivo APPROVED BY Gabrielle Restivo DaveG)dfderman Associate Planner Comm. ev. Dir. APPROVED BY: Ron Molendyk City Manager BACKGROUND At the meeting of February 21, 1990, the Planning Commission recommended approval of Commercial Project 89-9 by a 4-0 vote, Commissioner Wilsey absent (minutes and staff report attached). Items discussed included hydroseeding the existing 1:1 slope, roof mounted equipment, landscape bonding, the Lakeshore Drive right-of-way, the project loading area and the blue tile roofing. The conditions of approval were amended to require erosion control landscaping in graded areas only, to allow roof mounted equipment behind a parapet wall, to require the standard landscape bonding, to uphold engineering right-of-way conditions as submitted, to require screening of the loading area from the public right-of-way and to allow the blue tile roofing. The buildings will be light grey wood siding, dark grey wood trim and blue tile roofing. RECOMMENDATION It is recommended that City Council adopt Negative Declaration 89-55, and approve Commercial Project 89-9 based on the findings and subject to the attached 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. No environmental impacts are anticipated as a result of this project. 3. If the attached conditions are met, this project will meet the design directives of Chapters 17.44, 17.38, 17.82 of the Lake Elsinore Municipal Code. AGENDA ITEM NO. 71 PAr.F J 0FAX rd 61 CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-9 Planning Division 1. Design Review Approval for Commercial Project 89-9 will lapse and be void unless building permits are issued within one (1) year from the date of City Council approval. 2. 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 the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3. All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 4. 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. 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. Buildings shall be constructed as depicted on plans or as modified by the Community Development Director or his designee. S. 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. These revised plans shall become the approved plans only upon the review and approval by the Community Development Director or his designee. 9. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utili- ties. 10. 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. 11. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 12. Applicant is to meet all applicable City Codes and ordinances. 13. Meet all State handicap requirements. 14. Meet all Riverside County Health Department requirements. 15. No outdoor storage shall be allowed for any tenant. 16. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. AGENDA ITE;, r r CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-9 CONTINUED 17. No roof ladders shall be permitted. 18. Applicant shall use roofing materials with Class "A" fire rating. 19. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required, and any additional requirements requested by the Fire Safety Specialist in the February 13, 1990 conditions letter. 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. 20. 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. 21. All exterior downspouts shall be painted to match the building. 22. 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. 23. Brick pavers shall be laid in bank designs and shall be located at the driveway approaches and crosswalks. 24. Bicycle racks shall be provided adjacent to major commercial uses. Placement, design and quantity shall be indicated on the final landscaping plan, and subject to the approval of the Community Development Director. 25. 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 (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) The Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Landscape planters shall include an appropriate park- ing lot shade tree to provide for 50% parking lot shading in fifteen years. AGENDA ITEM NO....t,., PAGE `? OF - CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-9 CONTINUED g) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 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) Landscaping shall be required to screen all loading areas. 1) Final landscape plans to include planting and irrigation details. m) All slopes created by any grading 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. No wall park units shall be permitted. 27. All signage shall be by City Permit. 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 as stated in the January 18, 1990 "will serve letter". 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 building is provided with a 12' x 20' loading space as required by the City's Municipal Code. 31. Trailers utilized during construction shall be approved by Planning Division. 32. On-site surface drainage shall not cross sidewalks. AGENDA ITEM NO. a- — •1/- 90 lk _ i PAGE�L OF r r OF APPROVAL FOR COMMERCIAL PROJECT 89-9 CONTINUED 33. Parking stalls shall be double -striped with four -inch (411) lines two -feet (21) apart. 34. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 35. A bus -stop shelter shall be provided on Lakeshore Drive in proximity to Golden Spectrum. Lake Point Park provided it is consistent with the traffic study or as approved by the Community Services Department or his designee. 36. 3�riar--e--3ssxanee--fr€-brrrleksg�eertar,-appsrcarct aha�l-gay a34-4ees-------------- DELETED 37. Any additional required dedications for public right-of-way shall be provided for on site plan. 3.8. 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. a) Provide a minimum five (5) foot wide landscape planter along the westerly property line and for all parking planter islands. b) Provide a total of three (3) trash enclosures or provide at least one double -receptacle enclosure and one single receptacle enclosure. C) Revise site plan to reflect 24 foot driveway entrances and ingress/egress locations consistent with sight distance traffic study prior to issuance of building permits. d) Changes to the grading plan which exceed an eight (8) foot hillside cut must be reviewed and approved by the Community Development Director or his designee. e) The loading area is to be completely screened from public right-of-way view and/or shall be located behind commercial building. Engineering Department: 39. 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. 40. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 41. Dedicate sufficient land along Lakeshore Drive frontage to provide for a 100 foot street right-of-way (R/W) and to insure future alignment of Lakeshore Drive with Limited Street and Lake Management Development. 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. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). AGENDA ITEM N3.�`.--lye., - — -_ PAGE _.L_ OF — -- - r r CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-9 44. 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 a building permit. 45. 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). 46. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be to Riverside County Road Department Standards, latest edition, and City Codes (Lake Elsinore Municipal Code 12.04 and 16.34). 47. 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). 48. 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. 49. 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. 50. Provide fire protection facilities as required in writing by Riverside County Fire Department. 51. Provide street lighting and show lighting improvements on street improvement plans, as required by the City Engineer. 52. 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. 53. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 54. Submit Hydrology and Hydraulic Reports of review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. 55. Provide Soils, Geology and Seismic reports including street design recommendations. Provide final Soils Report showing compliance with preliminary and finish grade certification/ slope stability analysis. 56. Contribute $34,700 for the design and construction of half a median on Lakeshore Drive along abutting property line. 57. Contribute $7,000 toward the widening of the San Jacinto River Bridge at Lakeshore Drive. Development will increase traffic volume at the bridge at least 1% and should contribute 1% of the cost of the bridge. 58. Developer shall contribute $4,000 towards the design and construction of a traffic signal at Lakeshore and Limited. This development will increase traffic at the intersection at least 3% and should contribute 3% towards construction. 59. Contribute $500.00 towards the City's Master Entryway Sign Program. AGENDA ITEM NO. PAGE L2 OF r r CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 89-9 CONTINUED 60. Applicant shall post required bonds for public works improvements as established for the project by the City Engineer prior to building permit. 61. An engineer shall verify sight distances for safety for left turn movements exiting driveways and relocate driveways if necessary or restrict to right -turns only. 62. Process and meet all parcel merger requirements prior to issuance of building permit (Lake Elsinore Code 16.20). AGENDA ITEM NO. PAGE _� OF ----- - - r r Minutes of Planning Commission February 21, 1990 Page 3 BUSINESS ITEMS 5. Commercial Project 89-9 - Pinnacle/Lakeshore #3 A General Partnership - Associate Planner Restivo presented a request to construct a commercial center consisting of three buildings totaling 31,500 square feet, on five gross acres, located approximately 1,200 feet easterly of Main Street, north of Lakeshore Drive. Associate Planner Restivo requested the addition of condition number 38.e, which will read as follows: Condition 38.e: "The loading area is to be completely screened from view and/or shall be located behind commercial building." Chairman Brown asked if there was anyone present representing the applicant and if there were any concerns. Mr. Stan Dotts, representing the applicant, commented on condition number 25.m, pertaining to hydroseeding the hillside --would like between now and City Council hearing to get a consultant's opinion on the hydroseeding. Mr. Dotts questioned condition number 20, pertaining to mechanical equipment being ground mounted; stated the mansard roofs are in the rear and not visible to anyone, and this seems like an ideal place to have the mechanical equipment. Commissioner Gilenson commented on condition number 25.h., pertaining to percentages for bonding of landscape improvements; condition number 20, pertaining to mechanical equipment being roof mounted if not visible, and height of parapet wall, amending condition number 20 to reflect the standard parapet wall condition. Commissioner Saathoff commented on the grading and whether or not there would be any cut into the 1:1 slope; Lakeshore Drive upgrade --would like to see a mechanism, some way to see that when development is taking place on a major street, like Lakeshore, that both sides are developed; if this is private property or the old railroad right-of-way; blue tile roof; condition number 38.e, pertaining to the loading area being screened from view, what view? Chairman Brown commented on flooding along Lakeshore, and the possibility of the City forming a JV with its lease; if nothing else, put asphalt berm on the other side --maybe not curb, gutter and sidewalk. There are three places of ponding in that stretch. If we are going to do one side and direct the water to the other side of the street at least try to get it towards the lake somehow. If we (the City) can participate in the improvements at that time --not necessarily take additional right-of-way, which may be years down the line, at least finish it out to get an even course all the way through there and at least an AC berm all the way down to the entrance of both of those projects. Chairman Brown commented on condition number 25.m, asked if the intent is for newly created slopes or existing slopes; amending this condition to reflect "any slopes created by grading", and deleting the last sentence. Planning Manager Thornhill requested that condition number 36 be deleted, as it does not apply to this proposal. Motion by Commissioner Saathoff to recommend to City Council adoption of Negative Declaration 89-9 and approval of Commercial Project 89-9 based on the Findings and subject to AGENDA ITEM NO. ---E PAGE OF W. C r Minutes of Planning Commission February 21, 1990 Page 4 COMMERCIAL PROJECT 89-9 CONTINUED the 62 Conditions of Approval listed in the Staff Report with the following amendments: Condition 20: "All roof mounted equipment shall be at least six -inches (6") 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." Condition 25.h: "All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape require- ments approval/acceptance, and bond 100% for material and labor for one year." Condition 25.m: "All slopes created by any grading shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division." Condition 36: "Prior to issuance of building permits, applicant shall pay all fees required in Conditions of Approval for ." DELETED Condition 38.e: "The loading area is to be completely screened from public right-of-way view and/or shall be located behind commercial building." Second by Commissioner Brinley. Approved 4-0 6. dustrial Project 90-1 - Ed Carlson (The I.N.O. Associat , W t All - Associate Planner Restivo presented a pro al to struct an 8,000 square foot industrial building, cated appro ately 420 feet north of Flint Street, St of Chairman Br n asked if there was anyone prese representing the applicant d if there were any concerns. Mr. Walt Allen, epresenting the a licant, questioned condition number 34. pertaining t location of trash enclosure. Commissioner Gilensonco to on condition number 34.b., pertaining to the location the trash enclosure, and deleting thiZnumber f o tion creates no problem with maneuverabili Commissioner ented on ndition number 34.b, pertaining toi-truck) acc , maneuverability, potential sd, and reloca ' n of the trash enclosure; cor 34.a, pertainin to the front elevation win commissior4orr Saathoff commented on condition nZiVer 34.a, pertain;vt to the windows of the open work shop to pravide one conte ous windowed area, and providing somethinmore spe is on this condition; asked for the number of empty e, a the possibility of enhancing the landscaping by provide outside shade area for employees. AGENDAITEM Nti.E�,._ PAGE OF r PLANNING DIVISION PLANNING COMMISSION Business Item C 89-9 February 21, 1990 PREPARED BY: Gabrielle Restivo APPROVED BY: //��T G✓�/O Gabrielle Restivo Gary Thornhill Associate PlanneA Planning Manager-� APPROVED BY Dev. Dir. OWNER/APPLICANT Lakeshore Commercial Partners I, A General Partnership 5749 La Jolla Blvd. La Jolla, California 92037 USE Design Review approval of three (3) commercial buildings totaling 28,770 square feet. SIZE AND LOCATION The site contains 4.99 gross acres located approximately 1200 feet east of Main Street, north of Lakeshore Drive. Assessor's Parcel Number 373-145-003, 004 and 373-291-003. SETTING Project Site - North - East - South - West - PROJECT AND SITE EXISTING LAND USE ZONING GENERAL PLAN Vacant C-1 Neighborhood Commercial and Environmentally sensitive Vacant R-1 Environmentally Sensitive and Public/Semi-Public Residential R-1 Environmentally Sensitive and Low Density Residential Public Building C -P, Neighborhood and Vacant R-1 Commercial and Floodplain/ Floodway Vacant R-3 Neighborhood Commercial The proposal is for three (3) commercial buildings of which two (2) are 9,443 square feet and one (1) is 9,884 square feet. The three (3) buildings are situated on the site in a linear arrangement due to the lot depth/topographic constraints. Two (2) of the buildings are connected by a courtyard/dining area, and AGENDA HEN, I �l -- PAGE b OF ZO it Business Item C 89-9 February 21, 1990 Page 2 possible day care/yard area is proposed to the rear of the buildings. The three (3) buildings will exhibit mutual architectural treatment with the materials and colors being light grey wood siding, dark grey wood trim and blue tile roofing. The site totals 4.99 gross acres with approximately 2.25 acres of net building area. The site is generally flat along the Lakeshore Drive frontage below the 1280 contour level and then crests northerly to a ridge line at approximately 1434 and 1500 feet. There is an existing dirt road northerly of the site at approximately the 1350-1380 contour level. The site was previously graded/disturbed approximately 27 years ago which resulted in an existing 1:1 maximum, rear yard slope. The proposed grading plan proposes an eight (8) foot high retaining wall maximum into the rear 1:1 slope. GENERAL PLAN CONSISTENCY AND ZONING COMPLIANCE The General Plan designations for the site are "Neighborhood Commercial" and "Environmentally Sensitive Areas". The proposal is generally consistent with the neighborhood commercial policies which are more or less implemented through zoning use restrictions. The "Environmentally Sensitive Areas" designation is given in part, to areas of steep slopes and/or hillsides. The policies do not preclude commercial development; however, the project should be reviewed in terms of possible environmental impacts and compliance with all elements of the General Plan, including the Environmental Resources Management Element. Staff prepared Negative Declaration 89-55 based on the finding that project impacts could be mitigated to less than significant levels. Grading impacts were not considered significant due to the limited eight (8) foot cut into the hillside. Discussion with Kevin Crew of Butterfield Engineering indicated that prior disruption/grading of the site took place 27 years ago, and that the proposed eight (8) foot cut into the 1:1 slope will be primarily into accumulated soils at the toe of the original slope. The landscape plan will include erosion control vegetation. No other "General Plan Consistency" conflicts are known to exist. Staff has the following code concerns relative to this project. 1. Loading areas are visible from the front of the project ingress/egress points and do not appear to allow truck maneuverability. Staff recommends that these loading areas be redesigned or enhanced to screen views from the project frontage or that loading areas be placed to the rear of the unit. Staff will condition the project for screening of loading areas. 2. The project will be conditioned to require a five (5) foot minimum landscape buffer between parking area and property line on the westerly property line. A minimum five (5) foot landscape planter is required for all parking stalls that abut one another at an angle. 3. An additional trash enclosure needs to be provided or at least one of the two enclosures must be double receptacle. AGENDA ITEM NO. PAGE _J. I OF 1d� Business Item C 89-9 February 21, 1990 Page 3 4. All parking stalls abutting solid walls or other structures must be two (2) feet wide. SPECIAL PROJECT CONCERNS The Fire Department requires twenty-four (24) foot driveway entrances. Entrance locations are subject to change pending, an engineered sight distance study for left -turn egress motions. The Design Review Committee (DRC) of the Central Business District (CBD) met to discuss this proposal because of its location adjacent to the CBD. Concern over the blue tile was expressed. Staff has been directed to determine if blue tile will be consistent with proposed Lake Redevelopment concepts and the Historical Downtown. Staff will consult with the City Contract Architect for a determination prior to the Planning Commission hearing and report the findings at the meeting. REVIEW The Environmental Assessment revealed the following potential environmental impacts: 1. Grading, Soils 2. Drainage 3. Noise 4. Light and Glare 5. Transportation/Circulation 6. Storm drainage With further review and project conditioning the above impacts were determined to be less than significant. RECOMMENDATION It is recommended that the Planning Commission recommend to the City Council adoption of Negative Declaration 89-55 and approval of Commercial Project 89-9, based on the following Findings and attached Conditions of Approval. Findings 1. The proposal is consistent with the Goals, Policies, and Objectives of the General Plan. If the attached Conditions are met this project will meet the design and development standards of Chapters 17.44, 17.38 and 17.82 of the Lake Elsinore Municipal Code. 3. No environmental impacts are anticipated as a result. AGENDA ITEM NO. —S PAGEil= OF OFFICE USE ONLY Negative Declaration No. 89-55 Project: Catfaercial Project 89-8 CITY OF LAKE ELSINORE ENVIRONMENTAL ASSESSMENT FORM 3 1. Developer or Project: Contact Person: gtan P_ Dn tv Address: 5749 Ta hila Blvd - City: Ta Zip: 92037 Telephone Number: 4S9_1114 2. Environmental Information Prepared by: gran p_ Dntts Address: =`q TA T na Rlurl City: ; Zona ra Zip: 92037 Telephone Number: ( r1g ) a _ 14 and C�ty of.Lakte Elsinore Planning Staff - Gabrielle Restivo 3. Propose Pro7ec Title: Lakeshore Village Center Location: Lakeshore Drive near East Snore ana 111aln Total site acreage: Gross: acres apg approx. For Residential Project: Number of units: Dwelling units per acre: Unit sizes (square feet): Assessor's Parcel Dhsnbers 373-145-003,004 and _i/.3-291- Uu.� Attach - - 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. courercial ly sensitive ly sensitive ublic ly sensitive Residential conriercial commercial. AGENDA ITEM NO. V I PAGE1� OF22--n GENERAL EXISTING LAND USE, ZONING PLAN Project site anaghborhood Vacant C-1 Environnenta Surrounding Vacant R-1 Environments North and Public/Semi- Surrounding Residential R-1 Envirormenta East and Low Density Surrounding Vacdant an C -P Neighborhood South R-1 and Public building Floodplain/ Surrounding Vacant R-3 Neighborh West courercial ly sensitive ly sensitive ublic ly sensitive Residential conriercial commercial. AGENDA ITEM NO. V I PAGE1� OF22--n '� xl xl xl xl x I xl xl I xl x I I xl P m H .I w -GI4 O 1 akl C 0 MT - H - O00 a l w 9 O T9 O G +I O q P 4 m 0 9 M 1 o +I A PN ✓ a .I O a GOM m9C• U 55G O 4V .1 m U -Vw 9V -1a O w.IU MV0 0-11-1 M 0. T M .+m M - tlq O .Iq yW yC a0 Oa 0. Y 0 09V 440✓ O O Vw-IPOE ON 4m0 VY O -tw - pOG m mFm M •.10A GAb Ow L 0 MY✓ b+l N P O L H M O -I m 6 9 N �1 m 4 m +1 b +. 0 O q G �1 A 4 G✓ N P 4 M P 4 M G N 0. 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Y6 as a+1 dYN H A✓ d -d d7 ON m Ob •O.MG `HOO NNLN O `ti +01Y AH •0 0vow 9R9 +. 6b ✓L V `q pOp,,N'0 +.0✓U abi+0 OL•O go mNy .1 CH ✓q d•iO VH M>q G 10Y 3 HM ma .w Ca %AUO.-mw 0i ✓�U`9 aOM UM Ip. 0 00NOOK 60. 4Ma 3q 400. dA L3a0o Y NH..�1 Y ✓tl .q♦dN d G O mG �0d U 0 O> dG�•�1X NGqH m wU YO'O YN .O1 �✓G 0 Vq 0�✓U0 .07 LLw wd 0Y0 yO V, 0 oz 0 go 0 tlY6L CF CO Oq wy L w Y 0 OD. 00 O Gm HYP6PYO '•1 Nr. d b Y `mw O m dG ✓ H a 0> 00 U+.UG✓ ti0 +.G MCnO RH qT 600 0.I Pm+gi XdRB `�dN C~mE 3+1 'O qR q"1 ✓qd q..6 400quo .-i nwL-Yn.UnmC (>H; qO r0HlGtl0 YNFOaN q0H b✓HYm.✓Gi'bOU^Y 'Otl1YmG +.0t.G0H C0`LL7 r• tidU ✓0NN Mb 1H9✓4N6 WUw+P1WCH YNm'Y•.dm ✓H✓d00'0 L LO% Om O L0OU O %THGO YH0 ..q P 00Y 0.. U1 0 CYaF 0.✓ dvam 09 4AaNwYRH HaUFL OR Od Om L> O a6 4HNtlAU{••i X P.7 a F Y tl m a g m G .1 Y O 0 O O .Y+ w H O w H O "�H 40✓OR .1•gUL F3 q A U A 2 0. a A K Q. q A AGENDA ITEM NO, r PAGE L OF FOR OFFICE USE ONLY I. MANDATORY FINDINGS OF SIGNIFICANCE: II. YES MAYBE NO 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. 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: Gabrielle Restivo DATE: 2/16/90 PLANNING DIRECTOR: ' DATE: -),,j /6 � qi" AGENDA ITEM ,N, O. i l /o PAGE llOFA/ r r ASSESSMENT FORM CONTINUED The site is generally flat along the Lakeshore Drive frontage below the 1280 contour level, then crests northerly to ridge lines at approximately 1434 and 1500 feet. There is an existing dirt road northerly at approximately 1350-1380 feet. The site is linear between Mountain and Lakeshore Drive and totals approximately 4.99 gross acres. The soils are shown by the Riverside County Soils Survey to be predominantly WxD2 and TbF2, with a limited amount LKF3: WxD2-8 to 15% slopes eroded - fine sandy loam and brown loam subsoil. Run-off is medium and erosion hazards are moderate, shrink swell potential is moderate with severe septic limitations. LKF3-15 to 50% slopes - severely eroded, Las Posas rocky loam - well drained soils developed on Gabbro and other intrusive igneous rock. Only 15-20 inches to weathered gabbro with a red subsoil. Rockoutcrops are on 2 to 10% of the surface. Run-off is rapid and erosion hazard high. Fertility is low. Shrink swell potential is high with severe septic limitations. TbF2 - Temescal Rocky Loam 15 to 50% slopes eroded - occurs on uplands. Rockoutcrops cover 2 to 10% of the site. Permeability is moderate. Surface layer is grayish brown and brown loam almost 17 inches deep. It is underlain by light yellowish brown, partly weathered and fractured latite-porphyry. high run-off potential and erosion hazard, slow infiltration rate. Moderate shrink swell potential and severe septic tank limitations. Grading activity took place on the site approximately 27 years ago with cuts into the hillside. Finished slopes at that time did not exceed a 1:1 ratio. The vegetation is generally sparse weedy species and brush. There is no known biological, cultural or historic significance to the site. Geologic Impacts 1. a -h. The site was graded approximately 27 years ago for an ending hillside ratio of a 1:1 maximum slope with flatter areas southerly of the hill. Over the years surface layers have naturally sloughed off and collected at the toe of the slope. The proposed cut into the hillside will be mainly into the debris area of the hill with a limited cut into the hill for a retaining wall. The total vertical cut will be approximately 8 feet high (8 foot high retaining wall). The remainder of the 1:1 hillside slope is not proposed to be disturbed. The total cut proposed is 3,000 cubic yards and total fill is 13,350 cubic yards or a net import of 10,350 cubic yards. A Geotechnical Study and associated recommendations will be required prior to issuance of grading permits for this site. Erosion control landscaping will be required for the site. No more cut than shown on the preliminary grading plan will be allowed into the previous graded 1:1 maximum slope. Generally that would preclude grading above the 1291 contour level. Soil amendments for landscaping will be per an agronomic report submitted with final landscape plans. No significant impacts are anticipated. AGENDA ITEM NO. PAGE OF r C ENVIRONMENTAL ASSESSMENT FORM CONTINUED - PAGE 2 3.b & There will be increased drainage flows to Lakeshore 16.e. Drive. A hydrology/hydraulic report will be required prior to issuance of building permits to insure existing storm drainage facilities are adequate. Bonding for any necessary improvements prior to building permit will be required. No significant impacts are anticipated. 6.a. The proposed development will increase noise levels due to the increased traffic and commercial activity. The area, however, is designated for commercial uses and cannot be considered a noise sensitive use. General construction activity is required to meet the requirements of the Noise Ordinance as implemented through the City's code enforcement program. No significant impact is anticipated. 7. The proposed 3 building, 31,500 square foot commercial center will increase light and glare. General light standards and wall lights will be required to be shielded above the horizontal plane. No significant environmental impacts are anticipated. 13.a.b. The proposed development could generate 3,714 c.d.f. average daily trips according to the Institute of Transportation Engineers traffic generation handbook, based on a ratio of 117.9 average daily trips per 1,000 square feet of leasable area. The leasable area proposed is 31,500. The site is located approximately 313 feet from "Short" Street, which is a curved road connecting Main Street and Lakeshore Drive. Sight distance may create a problem for left turn movements. Engineer verification of sight distance/entry way locations will have to be verified prior to approval of the final site plan for building permits. A pro rata share fee for signalization of Lakeshore Drive and Limited (the intersection at Short Street, and Lakeshore Drive) will be required. No significant environmental impacts are anticipated. REFERENCES/RESOURCES Prepared by: Gabrielle Restivo, Associate Planner Consulted: Ray O'Donnell, Senior Civil Engineer Kevin Crew, Butterfield Engineering References: Soils Survey of Western Riverside County ITE - Traffic Generation Book AGENDA ITEM NO. PAGE OF Q I b 1 r r AGENDA ITEM NO. 5 t PAGE OFE a_ CNESNUi 3 ST. Y ?'' �a. ,— �— oolo `� /K— �. ,i• j w h �• - i so i •s' m IT��io' 611 I I a i \ >• / 10, 1 \� E DE \ M s,• I ,s• �o i rosm �::1 4 / o � >a. •e• h ince g9' 04 - 01- (j (j 67, ii 16 N Zr Z&' bd pc Sera' MS 63/ F v. m t� t' t Z O 0 O AGENDA ITEM ]j NO. PACE ICS -OF REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: March 13, 1990 SUBJECT: Industrial Project 90-1: Ed Carlson; a request to construct an 8,000 square foot industrial building on a .41 acre site, located approximately 420 feet north of Flint Street, west of Langstaff. PREPARED BY: Gabrielle Restivo APPROVED BY Gabrielle Restivo Dave nderman Associate Planner Comm.Cpev. Dir. APPROVED BY: Ron Molendyk City Manager BACKGROUND At the meeting of February 21, 1990, the Planning Commission recommended approval of Industrial Project 90-1 by a 4-0 vote, Commissioner Wilsey absent (minutes and staff report attached). The location of the trash enclosure was discussed relative to the loading area, and the front elevation windows were discussed. Conditions were revised to allow the trash enclosure to remain where proposed and to elongate and consolidate the windows in the "open workshop area". The industrial building is to be split -face masonry block with a beige stucco finish and rust colored trim. Office entrance and window glass is to be clear with dark mullions, the multi -textured split -face masonry block will be exposed in bands to provide architectural variations. RECOMMENDATION It is recommended that City Council adopt Negative Declaration 90-1, and approve Industrial Project 90-1 based on the findings and subject to the attached Conditions of Approval. It is recommended that the Redevelopment Agency concur with City Council action. Findings: This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. No environmental impacts will result from this project. If the attached conditions are met, this project the design directives of Chapters 17.38, 17 2 and 17.66 of the Lake Elsinore Municipal Code. meet 17.8 will .56, AGENDA ITEM, NO. (' PAGE OF �� r r CONDITIONS OF APPROVAL FOR INDUSTRIAL PROJECT 90-1 Planning Division 1. Design Review Approval for Industrial Project 90-1 will lapse and be void unless building permits are issued within one (1) year from the date of City Council approval. 2. 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 the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3. All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 4. 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. 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. These revised plans shall become the approved plot plan only upon the review and approval by the Community Development Director or his designee. 8. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utili- ties. 9. 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. 10. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. The Grading Plan must meet the requirements of Chapter 16.54 of the Municipal Code, Flood Damage Prevention Ordinance. 11. Applicant is to meet all applicable City Codes and Ordinances. 12. Meet all State handicap requirements. 13. Meet all Riverside County Health Department requirements. 14. No outdoor storage shall be allowed for any tenant. 15. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 16. No roof ladders shall be permitted. 17. Applicant shall use roofing materials with Class "A" fire rating. AGENDA ITEM NO.� PAGE �L_ OF -IL— -- -- r OF APPROVAL FOR INDUSTRIAL PROJECT 90-1 CONTINUED 18. The design and construction of the project shall meet all County Fire Department standards for fire protection and shall include emergency vehicle turning radius, and fire resistance requirements for all buildings including sprinklers where required, and any additional requirements requested by the Fire Safety Specialist. 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. 19. 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. 20. 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. 21. All exterior downspouts shall be painted to match the building. 22. 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. 23. 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 be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. b) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). c) The Landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. d) Landscape planters shall include an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen years. e) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f) 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 g) 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. h) Final landscape plan must be consistent with approved site plan. i) Evergreen trees at least thirty (30) feet on center must be planted in planter adjacent to residential usage. L AGENDA ITEM NO. � � %;'a/- %a PC PAGE OF� -- r OF APPROVAL FOR INDUSTRIAL PROJECT 90-1 24. 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. 25. 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. . 26. 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. 27. All signage shall be by City Permit. 28. 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. 29. Parking stalls shall be double -striped with four -inch (411) lines two -feet (21) apart. 30. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 31. A six-foot (61) high masonry wall shall be constructed along the southerly property lines and shall conform to Section 17.14.080 (Fences and Walls), subject to the approval of the Community Development Director. 32. Trailers utilized during construction shall be approved by Planning Division. 33. On-site surface drainage shall not cross sidewalks. 34. 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. a) The front elevation windows of the "open work shop area" shall be lengthened and consolidated to provide for a larger window expanse similar to the architecture of the rest of the building. This can be done through plant -ons or pane windows. b) The trash enclosure shall be located as per Exhibit 1. The trash enclosure shall be so located to allow truck maneuverability in the loading area. c) The front yard building and parking setback shall average twenty (20) feet but not be less than fifteen (15) feet. Enaineerina Department: 35. 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. 36. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 37. Process and meet all parcel merger requirements prior to issuance of building permit (Lake Elsinore Municipal Code 16.20). AGENDA ITEM NO. �jOf v.. PAGE OFIL_ A r CONDITION OF APPROVAL FOR INDUSTRIAL PROJECT 90-1 CONTINUED 38. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 39. 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 a building permit. 40. 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). 41. 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). 42. 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). All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 43. 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. 44. 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. 45. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 46. Post required Labor and Material Bond and Performance Bond for Public Work Improvements off-site. 47. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permits. 48. Contribute $41.00 towards the City's Master Entryway Sign Program. 49. Provide fire protection facilities as required in writing by Riverside County Fire protection. AGENDA ITEM NO. PAGE — OF, r C Minutes of Planning Commission February 21, 1990 Page 4 COMMERCIAL PROJECT 89-9 CONTINUED 62 Conditions of Approval listed in the Staff Report w following amendments: 20: "All roof mounted equipment shall at least six -inches (6") lower an the parapet wall or top o/gp1lans. ent well and shall be paintedtch the building. Evidence ofnceshall be included in build" Condition 25.h: "All landscape improveents shall be bonded 120% Faithf Performance ond, and release at completion of i tallation of andscape require - men s approval/ ceptance, and bond 100% for mat Val and labor for one year.' Condition 25.m: "All sl s created by any grading shall av a permanent irrigation syste and a sion control vegetation ins lled, app oved by the Planning D' ision." Condition 36: "Prior to issu ce of building permits, applicant s 11 pay all fees required in Conditi s of Approval for " DELE D Conditio 38.e: "The loading area is to be ompletely screened from public rI t -of -way view and/or shall be locate behind commercial building." Commissioner Brinley. 4-0 6. Industrial Project 90-1 - Ed Carlson (The I.N.O. Associates, Walt Allen) - Associate Planner Restivo presented a proposal to construct an 8,000 square foot industrial building, located approximately 420 feet north of Flint Street, west of Langstaff. Chairman Brown asked if there was anyone present representing the applicant and if there were any concerns. Mr. Walt Allen, representing the applicant, questioned condition number 34.b, pertaining to location of trash enclosure. Commissioner Gilenson commented on condition number 34.b., pertaining to the location of the trash enclosure, and deleting this condition if relocation creates no problem with maneuverability. Commissioner Brinley commented on condition number 34.b, pertaining to vehicle (semi -truck) access, maneuverability, potential safety hazard, and relocation of the trash enclosure; condition number 34.a, pertaining to the front elevation windows. Commissioner Saathoff commented on condition number 34.a, pertaining to the windows of the open work shop to provide one continuous windowed area, and providing something more specific on this condition; asked for the number of employee, and the possibility of enhancing the landscaping by providing an outside shade area for employees. AGENDA ITEM NO. PAGE OF LP r r Minutes of Planning Commission February 21, 1990 Page 5 INDUSTRIAL PROJECT 90-1 CONTINUED Mr. Carlson responded that there would be five employees. Chairman Brown commented on condition number 34.b, pertaining to the location of trash enclosure and truck maneuverability condition number 34.a, pertaining to window treatment and suggested continuance of windows through a false window treatment or something of that nature. Motion by Commissioner Brinley to recommend to City Council adoption of Negative Declaration 90-1 and approval of Industrial Project 90-1 based on the Findings and subject to the 49 Condition of Approval listed in the Staff Report with the following amendments: Condition 34.a: "The front elevation windows of the "open work shop area" shall be lengthened and consolidated to provide for a larger window expanse similar to the architecture of the rest of the building. This can be done through plant -ons or pane windows." Condition 34.b: "The trash enclosure shall be located as per Exhibit 1. The trash enclosure shall be so located to allow truck maneuverability in the loading area." Second by Commissioner Saathoff. Approved 4-0 At this time, 8:12 P.M. the Commission recessed. At this time, 8:25 p.m. the Commission reconvened. 7. Sonter Identification Sign for Firestone Plaza - Joyce Sehi As 'stant Planner Fairbanks presented a request to const ct an i ernally illuminated center identification sign, 2 feet tall an 12 feet wide with 116.5 square feet of si face, located a roximately 500 feet southeast of the i ersection of Railroad nyon Road and Casino Drive. Assistant Planne Fairbanks stated that sta recommends that the center identifi ion sign, if approve , not exceed the height of the 17 feet n inches with t sign face limited to 96 square feet of sign cc per side, d moved back 5 feet from the property line. Chairman Brown asked if there anyone present representing the applicant and if there w e any oncerns. Ms. Sehi stated that t were in agree nt with staff recom- mendation. A brief discuss' was held on perception from a street and setback. Motion WOF Commissioner Saathoff to approve the Ne. Identif' ation Sign for Firestone Plaza based on the Fina and bject to the 7 Conditions of Approval listed in St Report, second by Commissioner Gilenson. U!fproved 3-1 (Commissioner Brinley voting no) AGENDA ITEM NO. i� PACE OF A PLANNING DIVISION REPORT TO PLANNING COMMISSION Public Hearing I 90-1 February 21, 1990 PREPARED BY: Gabrielle Restivo APPROVED BY: Gabrielle Restivo Gary Thornhill Associate Planner Planning Manager APPROVED BY: Dav# Gunderman CotP. Dev. Dir. OWNER/APPLICANT Ed Carlson Post Office Box 6489 Canyon Lake, California 92380 REQUESTED USE Design review approval of an 8,000 square foot industrial building. SIZE AND LOCATION The site is .41 acres and is located approximately 420 feet north of Flint Street, west of Langstaff. Assessor's Parcel Number 377-231-026,027. ENVIRONMENTAL _SETTING EXISTING LAND USE ZONING GENERAL PLAN Project Site - Vacant M-1 Limited Industrial/ Floodway/Floodplain North - City of Lake Elsinore M-1 Limited Industrial/ Public Works Yard Floodway/Floodplain East - Vacant M-1 Floodway Bridge and Floodway/Floodplain South, - Single -Family dwelling M-1 Limited Industrial West - Vacant M-1 Environmentally Sensitive PROJECT,DESCRIPTION The proposal is for an 8,000 square foot industrial building. The site is approximately one-half acre and is located 420 feet north of Flint Street, west of Langstaff. The site is generally flat with approximately 45 feet of frontage- in the 100 year floodplain. The proposed building is to be split -face masonry block with beige stucco finish and rust colored trim. Store front and window glass is clear with dark mullions. GENERAL PLAN CONSISTENCY AND ZONING The current General Plan designation for the site is limited industrial. The proposal is consistent with this designation. However, the proposed 1990 General Plan Revision is recommending that the site be designated high —� AGENDA ITEM NO. �__— PAGE U OF Public Hearing I 90-1 February 21, 1990 Page 2 density residential due to its proximity to the downtown area and to the proposed river walk along the Temescal Wash. The current General Plan, however, permits this use, and the proposed revision has not been approved. Should the surrounding area become high density residential, only a limited amount of associated impacts would be probable i.e., heavy trucks in a residential area. The proposed industrial, building is relatively small, however, and heavy truck traffic is not likely and/or can not be determined at this time. The site meets the Zoning Ordinance requirements with the exception of the minimum fifteen (15) foot, average twenty (20) foot, front yard setback which, will be conditioned for the project. Staff recommends that the trash enclosure be relocated to provide a greater area for "loading area" maneuverability. Staff also recommends that the front elevation windows be one (1) long continuous window to mitigate the industrial character of the building, in keeping with the potential future change from industrial to residential use for the area. Likewise, a combination of split face multi -textured block with areas of stucco finish and the proposed trim color will add visual variation to the elevation. These recommendations are consistent with the intent of the Design Review Ordinance, Chapter 17.82, and the Non -Residential Development Ordinance, Chapter 17.38, which encourages residential and commercial architectural elements in industrial buildings. A minimum six (6) foot high masonry wall will be required adjacent to the residential use and evergreen trees spaced thirty (30) feet on center will be required for the planter area. i Negative Declaration 90-1 was prepared for this project based on the finding that environmental impacts could be mitigated to less than significant levels. It is recommended that the Planning Commission recommend to the City Council adoption of Negative Declaration 90-1 and approval of Industrial Project 90-1, based on the following findings and attached Conditions of Approval. Findings 1. This project is consistent with the Goals, Policies and Objectives of the current General Plan. 2. No environmental impacts will result from this project. 3. If the attached conditions are met this project will meet the design directives of Chapters 17.38, 17.56, 17.82 and 17.66 of the Lake Elsinore Municipal Code. AGENDA ITEM NO. 9;L PAGE OF ) (P r r OFFICE USE ONLY Negative Declaration No. 90-1 Project: industrial Project 90-1 CITY OF LAKE ELSINORE ASSESSMENT FORM 1. Developer or Project: Contact Person: Ed Carlson Address x 6469 City: carryon Lake, CA Zip: 2. Environmental Information Prepared by: The I.N.O. Associates Address: 27393 Ynex Road, Suite 260 City: Tenecuia, CA Zip: 92390 Telephone Number: ( ) Proposed Project Title: ISC Location: Lan Lots 15 anTT7,—B10—r_ Total site acreage: Gross: Net: 0.41 acre For Residential Project: N A Number of units: Dwelling units per acre: Unit sizes (square feet): 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. 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. istrial nge :st rial Inge Inge and 'loodway astrial ally AGENDA ITEM NO. PAGE J..._j�(�— GENERAL EXISTING LAND USE. ZONING PLAN Project site Vacant 14-1 Limited INd Floodway Fr' Surrounding City of Lake Elsinore 11-1 Limited Ind North Maintenance Yard Floodway Fr Surrounding Vacant 14-1 Floodway F East Floodplain/ Surrounding Residential M-1 Limited ind South Surrounding Vacant m-1 Envirornen West Sensitive istrial nge :st rial Inge Inge and 'loodway astrial ally AGENDA ITEM NO. PAGE J..._j�(�— P- H w Q. O 10 m F C e 0 T9 O O 4 04 P tl • 09 0 1 0 ti L Pr• a G7N etlh U G O tl9 N m U -Yw cY +10 N O O T 4 H U N 9 0 O- U .1 w 6 T N N m N a 9 0 .1 a C H tl 4 Y U a9✓ 4a Ov O O �w.1 Pda OH Moo YY OW ay 0 99 A d G Waco N O A F A m O w m H Y Y m ti .1 P O L A O a* H m0-Im 6 q N •+ e 6 MW .1 m.1 O e c •.1A e c Yr• ma Y P 4 • C h P. 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Cyp?tl ✓0Gm W 9 0 O4 00 OO 00 O q ON > OmUtiOCY O Y C y5 ym w h m m U b 0 0 0 m 0 C d w roG CO X U b G m m q w tl G - fi 1 Cry G • N'^ o ; b 0 Y H Y O m U 3 C C N y G 0 Y U m b-•1 '•�T ro w 6ti 0•N+I •� dm2 +fib tl0. tl •i ✓ 40 0,fi tlH> w q -+1 q•ON N O U N {K 0 C Y C 0 O q 0 w m N Y N b ..V m O m G 0 % yy w Y ry U w C Y y 0 w 0 0 0 w d W 0 N U w^.NC N wtl N O N wU0 +1 b mC+�G +�GOL dtlr• 1�m d•�Y w mby 0Y H\ 0Cw GV -0 N N U A To W0 O O Y H m A Y 'O O U O Y Y 'O D• P O L C 'O C IT H ANN Y Y 'O PN q ONO T 0g0- q m C w PCO Ow Y H 9 A O o, �^ U-^ tl m C Y d G 0.M d•O m W C O •o % T N g w G N O N C g ti UC0.4 w0 NO Ntlw O NG.H 4YbGUYmY N -Am Uv- 0 00fi wl1 W0b 4404 KAY MLA 'J 4 X 4 i m C Y 9 . 0. 0 G N Y O m O 4 Y O m ',] W m o q N R 26 d A Mo. a A A, W.O.N. 'F°.tl UG E3 tl A U b d W AGENDA ITEM NO. N N N N PAGE OF= I. II. III 1-23-86 FOR OFFICE USE ONLY MANDATORY FINDINGS OF SIGNIFICANCE 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? YES MAYBE NO i i All of the above must be answered "no" for a negative declaration to be issued. 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. REVIEWED BY: Gabrielle Restivo DATE: 2/16/90 'V` 4 PLANNING DIRECTOR:� DATE: - AGENDA ITEM NO. L�,,,, PAGE OF -RP ENVIRONMENTAL ASSESSMENT-SUPPLMENTAL INFORMATION INDUSTRIAL PROJECT 90-1 4. Proposed project The proposed project is an 8,000 square foot industrial building on a .41 net acre lot. The site is located 420 feet north of Flint Street, west of Langstaff Street. Surrounding the project is mostly vacant land with a single-family dwelling south of the project and the City of Lake Elsinore Public Works yard north of the property. The project area is an infill area of the City's industrial/residential corridor. The proposed use of the , building is a machine shop. 5. Environmental Setting The site is generally flat, rising to a hill top northerly of the site. The site has been previously disturbed and consists of weedy plant species of little biological significance. Surrounding the site is mostly disturbed vacant land with a single-family dwelling south of the site and the City's Public Works maintenance yard to the north. The site is in the 100 year floodplain of the Temescal Wash at the 1270 contour level which constitutes the first 45 feet of property frontage. No wetland vegetation exists on the site. The soil survey of Western Riverside County indicate the soils are garretson gravelly very fine sandy loam, 8 to 15% slopes. Run-off is medium and erosion hazard moderate, with a low -shrink swell potential. There are only slight to moderate septic limitations between 0 to 15% slope. A limited amount of basin/floodplains soils may exist on site waukena loamy fine sand 0 to 2% slope. Run-off is very slow, the hazard of erosion is moderate and septic tank limitations are severe. There are no notable biological, historical or cultural aspects associated with the site. 7.1.b.c Environmental Impacts - Grading and Soil Impacts The site has property frontage within the 100 year floodplain of the Temescal Wash. Only approximately thirty feet of building area will be affected. Any grading activity will have to meet the City's Flood Damage Prevention Ordinance and meet the U.B.C. Code and the City's Grading Ordinance. No environmental impacts are anticipated. 7.3.b.c.i. Absorption Changes The site has approximately 45 feet of frontage in the 100 year floodplain. Although no significant alteration to the course is proposed, increased drainage is likely due to impervioous surfaces. A hydrology/hyraulic study will be required and the necessary improvements bonded for, to insure drainage is directed to a public facility. No significant environmental impacts are anticipated. Construction and pad elevations will have to meet the requirements of the flood damage prevention Ordinance to ensure no property damage is probable. No impacts are anticipated. 7.7 Exterior lights will be shielded above the horizontal plane. No environmental impacts are anticipated. 7.8. The current General Plan designation for the site is limited industrial and floodway fringe. The proposal is consistent with this designation. A General Plan revision study is proposing a change to high density residential for the area. An industrial use is clearly inconsitent; however, the current General Plan is still in effect. L(., AGENDA ITEM NO. 52 PAGE_ OF-&- e FL INT ST T� i I I I I N W d Q q k I I �I I a I FL INT ST T� i I I I I N W d Q q k I I a� 1 i i i a i r b ti T T /1 b I I wl N i I I PAGE—L-OF r , - -- baa . • _ FT LL Ord It 10 ELfiVS4or{ pa1}IrC}W yri,Ww eR) .. P f w�wr�e.l.+r 'a�} GWUMM MKt. pn •r�Tr�p �.rYr'y.r y�- �� µ.HQ _ K _ 01 - w.r...s u t•r r i O LO D COYMERCTAL BUILDING FOR LSC ENG. GJv �l AGENDA ITEM] �NO. PAGEJ �L_ OF REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD MARCH 13, 1990 SUBJECT: NW SEWER PROJECT ASSESSMENT DISTRICT 86-1 (�� PREPARED BY: 2,[-� APPROVED: Ron Kirchner Ron Molendyk Director of Public City Manager Services In April, 1986, petitions were filed with the City Council requesting the construction of a sewer to serve the property along Collier Street from Chaney to Nichols. Since that time the project has been under design and staff is now ready to proceed with the project development. FINDINGS Staff has prepared the necessary engineering and legal documents to commence the project. Representatives of the engineering consultant and the Bond Counsel will present the maps, reports and resolutions and respond to questions as per the attached Order of Procedure (Exhibit "A"). Copies of the Engineer's Report have been distributed to the Council. FISCAL IMPACT All costs associated with the work are included in the project costs and will be assessed to the benefited properties. There is no direct cost to the City. Hear the presentation by the Engineer and Attorney and adopt resolutions including: EXHIBIT Resolution Making Appointments B Resolution Adopting Proposal Boundry Map C Resolution of Intention D Resolution Passing on "Report" and Setting Public Hearing E Resolution Calling For Construction Bids F Resolution Setting Hearing on Eminent Domain Proceedings G Resolution Approving Agreements H / O Pfi zE F 3 , ORDER OF PROCEDURE CITY OF LAKE ELSINORE NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 DATE OF MEETING: MARCH 13, 1990 STAFF: General presentation as to boundaries of Assessment District and extent of works of improvement. CITY COUNCIL: Adopt RESOLUTION ADOPTING PROPOSED BOUNDARY MAP: Formal action approving boundaries of proposed Assessment District. CITY COUNCIL: Adopt RESOLUTION OF INTENTION: Jurisdictional Resolution under "1913 Act" proceedings, declaring intent to finance improvements through the issuance of bonds. STAFF: Presentation of Engineer's "Report" pursuant to the provisions of "Municipal Improvement Act of 1913". CITY COUNCIL: Adopt RESOLUTION PASSING ON REPORT AND SETTING PUBLIC HEARING: Preliminary approval of the Engineer's "Report" and sets date, time and place for public hearing. CITY COUNCIL: Adopt RESOLUTION CALLING FOR CONSTRUCTION BIDS: Formal .action authorizing bidding on the works of improvement. CITY COUNCIL: Adopt RESOLUTION SETTING HEARING ON EMINENT DOMAIN PROCEEDINGS: Sets hearing on necessity to order condemnation for easements necessary to accomplish the improvements. CITY COUNCIL: Adopt RESOLUTION APPROVING AGREEMENTS: Formal acceptance of the Agreements with Elsinore Valley Municipal Water District and Long Beach Equities. PROPOSED SCHEDULE: MARCH 13, 1990: ADOPT JURISDICTIONAL RESOLUTIONS AND AUTHORIZE BIDDING ON WORKS OF IMPROVEMENT AND SET PUBLIC HEARING APRIL 12, 1990: DATE FOR RECEIPT OF CONSTRUCTION BIDS APRIL 24, 1990: PUBLIC HEARING TO CONSIDER THE FOLLOWING: A. CONFIRMATION OF ASSESSMENT DISTRICT B. ORDERING IMPROVEMENTS C. NECESSITY FOR EMINENT DOMAIN PROCEEDINGS D. AWARD CONSTRUCTION CONTRACT E. AUTHORIZE SALE OF BONDS A,GENr. ITr-M NC1, � 4 EXHIBIT A RESOLUTION NO. Q 1\ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA, is considering the formation of a special assessment district, pursuant to the terms and 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, together with appur- tenances and appurtenant work, said special assessment district to be known and designated as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time, this legislative body is desirous of making the required appointments and designating persons to perform certain duties, in order to allow the proceedings to go forward to completion in accordance with the provisions of law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That the DIRECTOR OF PUBLIC SERVICES is hereby appointed to perform all of the duties and functions of the Superintendent of Streets as said duties are specified and designated in the "Municipal Improvement Act Of 191311, being Division 12 of the Streets and Highways Code of the State of California, for the above -referenced Assessment District. 3. That the place for recordation of the assessment roll and diagram shall be in the Office of the superintendent of Streets, and said assessment roll and diagram, upon recordation, shall 'be kept as a permanent record. ;A ITEM NO...�._ EXHIBIT B PAGE 3 a''-"� 4. That the SUN TRIBUNE is hereby designated as the newspaper for all publications as required by law and as necessary for completion of this Assessment District. 5, That NBS/LOWRY is hereby appointed the Assessment Engineer for said proceedings, and said Assessment Engineer shall perform all of the duties and responsibilities as set forth by law as they relate to said Assessment District. 6. That BROWN & DIVEN and HARPER & BURNS, Attorneys at Law, are hereby appointed to act as Bond Counsel for the purposes of prepar- ing proceedings and issuing an approving opinion_ attesting to the validity of the proceedings and the enforceability of the bonds, pursuant to the terms and conditions of the special Counsel Agree- ment submitted herewith, which Agreement is hereby accepted and approved for execution. 7. That this legislative body hereby establishes a special IMPROVE- MENT FUND designated by the name and number of the Assessment District, and into said fund shall be placed all proceeds from the ` sale of bonds and cash collections. In order to expedite the improvements or acquisition under these proceedings and as autho- rized by law, funds from any available source may be transferred into said special fund. Any funds transferred are a loan to the fund and shall be repaid out of the proceeds of the sale of bonds, including authorized incidental expenses, as well as costs for the construction of the authorized public improvements, all as required and authorized by law, and specifically Section 10210 of the Streets and Highways Code of the State of California. A ^ DA ITEM N0. PAGE 4 OF 3 PASSED, APPROVED and AOPTED this day of 1990. JAMES WINKLER MAYOR CITY OF LAKE ELSINORE STATE OF CALIFORNIA - ATTEST: VICKI LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER CITY ATTORNEY CITY OF LAKE ELSINORE ITEM NO. 53 PA',._ S or STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VICKI LYNNE KASAD, 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 , 1990, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS EXECUTED this day of California. [SEAL] 1990, at Lake Elsinore, VICKIE LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA fiGE"XDIA }TEM NO. -L3 . PAVE- _OF'J-5? SPECIAL COUNSEL AGREEMENT THIS AGREEMENT is made and entered into this day of , 1990, by and between the CITY OF LAKE ELSINORE, CALIFORNIA, a public corporation (hereinafter referred to as "City"), and BROWN & DIVEN and HARPER & BURNS, (herein- after collectively referred to as "Counsel"). NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: SECTION 1. That Counsel shall perform legal services in connection with the proposed assessment proceedings and bond issuance in the matter of a proposed special assessment district known and designated as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1, (hereinafter referred to as the "Assessment District") under proceedings conducted pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. Said services shall include: A. Review of the dedication and acquisition of the streets and ease- ments and other property in which work is proposed to be performed; B. Examination of the plans and specifications for the proposed work, the boundary map and assessment diagram of the Assessment District, the assessment roll and bonds, and the giving of instructions and advice in connection with the foregoing; C. Recommendations as to procedure, schedules and actions that should be conducted and taken; D. Preparation of all resolutions, notices, contracts, bond forms, and other papers and documents required in the proceedings; E. Examination of the proceedings, step by step, as taken; F. Appear at all hearings under the proceedings, and attend any meeting where attendance is requested; G. Make recommendations as to sale of bonds, if desired;* H. Perform legal services, if required, pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California; I. Issuance of an approving legal opinion attesting to the validity of the proceedings and the issuance of the bonds. Such legal services shall not include any services in connection with the acquisition, by easement or condemnation, of any easements or other interest in real property necessary for the proposed improvements. These services can be provided by Counsel, by separate agreement, if desired. 1TEM NO, G -F 3 ,� SECTION 2. That the City shall perform as follows: A. Furnish to Counsel such maps, records, title searches, and other documents and proceedings, or certified copies thereof, as are available and may be reasonably required by Counsel in the performance of the services hereunder; , B. Pay to Counsel a fee computed on the confirmed assessment as follows: ONE PERCENT (16) of the first $2,000,000; ONE-HALF PERCENT (.506) from $2,000,001 to $5,000,000; ONE-QUARTER PERCENT .256) on the balance thereof. If temporary bond anticipation notes are issued, the fee shall be twenty-five percent (256) of the fee as above set forth, but not less than $2,500.00, unless a different fee has been mutually agreed upon between the parties. C. Payment of either of the above -referenced fees shall be as follows: All due and payable upon receipt of money from the sale and delivery of bonds and/or notes to the successful underwriter. SECTION 3. In the event the proceedings are terminated or abandoned prior to comple- tion, Counsel shall be paid a reasonable fee for services rendered to date based on an hourly rate of $135.00 per hour, not to exceed $5,000. SECTION 4. This Agreement contemplates that Counsel shall pay all ordinary out-of- pocket expenses incurred, including travel, telephone and copy, and the only expenses to be billed to City would be extraordinary messenger and/or overnight mail delivery services. SECTION S. That this Agreement may be terminated by either party hereto by mailing written notice thereof to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. "CITY" CITY OF LAKE ELSINORE MAYOR CITY OF LAKE ELSINORE STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA TTMV. N0. Ph3c OF �� "COUNSEL" BROWN & VENA By: fl /!I/ F. MACRENZZE HARPER & BURNS By: JOHN HARPER - S3 RESOLUTION NO. 0 -,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MAP SHOW- ING THE PROPOSED BOUNDARIES OF A SPECIAL ASSESS- MENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA, has been presented and has received a map showing and.,describing the bounda- ries of the area proposed to be assessed in an assessment district under the provisions and authority of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California; said assessment district known and designated as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That a map of the Assessment District showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed improve- ` ments designated as "PROPOSED BOUNDARIES OF NORTHWEST SEWER ASSESS- MENT DISTRICT NO. 86-1" is hereby submitted, and the same is hereby approved and adopted. 3. That the original map of said proposed boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of hearing on the formation or extent of said Assessment District, a fTE EXHIBIT C r� L� c copy of said map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in section 3111 of the Streets and Highways Code of the State of California. PASSED, APPROVED and AOPTED this day of 1990. ATTEST: VICKI LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER CITY ATTORNEY CITY OF LAKE ELSINORE JAMES WINKLER MAYOR CITY OF LAKE ELSINORE STATE OF CALIFORNIA STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VICKI LYNNE KASAD, 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 1990, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS EXECUTED this California. [SEAL] day of , 1990, at Lake Elsinore, VICKIE LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA iTEW NO, RESOLUTION NO. l0 _13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING INTENTION AND COVERING PRELIMINARY DETERMINATION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; ORDERING THE PRE- PARATION OF A REPORT DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 1. The public interest and convenience require, and it is the inten- tion of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), to order the construction of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (here- inafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The construction and installation of sanitary sewer facili- ties, including sewer mains, manholes, laterals and lift station facilities, together with appurtenances and appurte- nant work, including the payment of incidental and sewer charges, all necessary to serve and benefit properties located within the boundaries of this Assessment District. B. Said streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be filed with these proceedings. V ' 33. EXHIBIT D OF3„ C. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, -as hereinafter provided. D. The description of the improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work as contained in the Engineer's "Report" shall be controlling as to the correct and detailed description thereof. E. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent, said grades are hereby changed and said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT 2. That said improvements and work are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs and which is described as follows: �3 OF All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1", and which map was heretofore approved and which said or diagram is on file with the transcript of these proceedings, EXCEPTING therefrom the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the bounda- ries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved, and for a complete description of said Assessment District, the said plat and proposed boundary map on file shall govern. REPORT OF ENGINEER _ 3. That this proposed improvement is hereby referred to the ENGINEER OF WORK, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improvements; B. An estimate of the cost of the proposed works of improvement, including the cost of the incidental expenses in connection therewith; C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment llr District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be constructed under these proceedings, and acquisition, where necessary. F. The total amount, as near as may be determined, of the principal sum of any unpaid special assessments previously levied or pending, other than those contemplated in these proceedings. G. The true value of the parcels of land and improvements which are proposed to be assessed. Said true value may be esti- mated as the full cash value of the parcels as shown upon the last equalized assessment roll of the County. When any portion or percentage of the cost and expenses of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said work and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this Section. i'fl •'. OF n BONDS 4. Notice is hereby given that bonds to represent the unpaid assess- ments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in , the manner provided in the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, which bonds shall mature a maximum of and not to exceed TWENTY-FOUR (24) YEARS from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the Treasurer or designated Paying Agent. "MUNICIPAL IMPROVEMENT ACT OF 1913" 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. Ac=IADfi !TEW, NO ..� 3, SURPLUS FUNDS 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,Ooo.00) or five percent (5%) of the total from the improvement Fund; B. As a credit upon the assessment and any supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into said Fund monies may be transferred at any time to expedite the making of the improvements herein autho- rized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. PRIVATE CONTRACT S. Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements, and that, as authorized by law, no notice of award of contract shall be published. GRADES 9. That notice is hereby given that the grade to which the work shall be done is to be shown on the plans and profiles therefor, which grade may vary from the existing grades. The worK nerein contemplated shall be done to the grades as indicated on the plans and specifications, to which reference is made for a description of the grade at which the work is to be done. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. PROCEEDINGS INQUIRIES 10. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: RON KIRCHNER, DIRECTOR OF PUBLIC SERVICES CITY OF LAKE ELSINORE 130 SOUTH MAIN ST. LAKE ELSINORE, CA 92330 TELEPHONE: (714) 674-3125, EXT. 240 PUBLIC PROPERTY 11. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION 12. That the public interest, convenience and necessity requires that certain land, rights-of-way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. For a general description of the location and extent of the easements or land necessary to be acquired, reference is hereby made to maps on file with the transcript of these proceedings. =,ADA 7'W, NO. NO CITY LIABILITY 13. This legislative body hereby further declares not to obligate itself to advance available funds from the Treasury to cure any deficiency which may occur in the bond redemption fund. This , determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways code of the State of Califor- nia, and said determination shall further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act of 1915". DIVISION 4 PROCEEDINGS 14. It is the intention of this legislative body to fully comply with the proceedings and provisions of the "Special Assessment Investi- gation, Limitation and Majority Protest Act of 1931", being Division 4 0£ the Streets and Highways Code of the State of California. A combined Report, as authorized by Section 2961, will be on file with the transcript of these proceedings and open for public inspection. WORK ON PRIVATE PROPERTY 15. It is hereby further determined to be in the best public interest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improvements and the private property. The actual cost of such work is to be added to the assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. UTILITY IMPROVEMENTS 16. This legislative body further proposes to enter into an Agreement with the Elsinore Valley Municipal Water District, as authorized by Streets and Highways Code §10110, setting forth terms and rc._� A conditions to the award of the construction contract, the owner- ship and maintenance of said facilities, including required special sewer charges. A copy of said Agreement shall be, upon approval, on file in the Office of the City Clerk. PASSED, APPROVED and AOPTED this day of JAMES WINKLER MAYOR CITY OF LAKE ELSINORE STATE OF CALIFORNIA ATTEST: VICKI LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER CITY ATTORNEY CITY OF LAKE ELSINORE 1990. i =�j'A !iEV. N,' :o,� STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VICKI LYNNE KASAD, 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 1990, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS EXECUTED this day of , 1990, at Lake Elsinore, California. [SEAL] VICKIE LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA i.r ei�lA 17EM No, �� RESOLUTION NO. aD_H A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING WHEREAS, the CITY COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA, has instituted proceedings for the construction of certain public works of improvement and appurtenances under provisions of the "Municipal improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and designated as NORTH- WEST SEWER ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District"); and, WHEREAS, there has been prepared and filed with the legislative body a "Report" provided for in Sections 10203 and 10204 of the Streets and Highways Code of the State of California, and this "Report" has been presented for consideration; and, WHEREAS, said "Report" is a combined "Report", consolidating the requirements of both the "Municipal improvement Act of 1913" and the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931"; and, WHEREAS, a Resolution of Intention for this improvement was previously adopted by the legislative body; and the "Report" as now presented shall stand as the "Report" for the purpose of subsequent proceedings hereunder. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That the "Report" of the Engineer referred to hereinabove is considered adopted, passed upon, and preliminarily approved, as follows: V roc. EXHIBIT E A. That the plans and specifications for the proposed improve- ments to be made, contained in said "Report" be, and they are hereby preliminarily approved and adopted; B. That the Engineer's estimate of the itemized` and total costs and expenses of said acquisition, where necessary, and improvements, and of the incidental expenses in connection therewith, contained in said "Report", be, and each of them are hereby preliminarily approved and adopted; C. That the diagram showing the Assessment District referred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions have been given a separate number upon said diagram, as contained in said "Report", be, and it is hereby preliminarily approved and adopted; D. That the proposed assessment upon the several subdivisions of land in said Assessment District, in proportion to the esti- mated benefits to be received by such subdivisions, respec- tively, from said acquisition and improvements, and of the incidental expenses thereof, as contained in said "Report", be, and they are hereby preliminarily approved and adopted; E. That the maps and descriptions of the lands and easements to be acquired, as contained in said "Report" be, and the same are hereby preliminarily approved; F. That the total amount of unpaid and/or previously levied special assessments, if any, as set forth, are preliminarily approved; L GF OF Si' _z G. That the valuation data, including the true value of the land and improvements, as determined from the cash values of the parcels as shown upon the last equalized assessment roll of the County is hereby preliminarily approved. 3. That said "Report" shall stand as the Engineer's "Report" for the purpose of all subsequent proceedings had pursuant to said Resolu- tion of Intention. 4. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 24TH DAY OF APRIL, 1990, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE LAKE ELSINORE UNIFIED SCHOOL DISTRICT BOARD ROOM, 545 CHANEY STREET, LAKE ELSINORE, CA, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. ` 5. That the City Clerk is hereby directed to give notice of said Public Hearing by causing to be conspicuously posted on all open streets within the Assessment District, not more than 300 feet apart on each street so posted, but not less than 3 in all, notice of the passage of the Resolution of Intention and of this Resolution, all in accordance with the provisions of said Division 12. 6. That the City Clerk is hereby directed to give notice of said Public Hearing and of the passage of the Resolution of Intention and this Resolution by causing such notice to be published in accordance with section 6066 of the Government Code, in the _.r',K)A 177 -Fat NO. O o�rc.0 OFA-- newspaper previously designated as the newspaper for all publica- tions as required by law and as necessary for completion of this Assessment District. 7. That the city Clerk is hereby directed to mail. Potice of said Public Hearing and the adoption of the Resolution of Intention and of the filing of the "Report" to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for County taxes prior thereto, or as known to said city Clerk, and to all other persons as prescribed in accordance with the provisions of said Division 12. B. That the city Clerk is hereby further directed to file a copy of the proposed boundary map in the office of the County Recorder Within fifteen (15) days of the adoption of the proposed boundary map; said boundary map to be in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. PASSED, APPROVED and AOPTED this day of JAMES WINKLER MAYOR CITY OF LAKE ELSINORE STATE OF CALIFORNIA ATTEST: VICKI LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: 1990. JOHN R. HARPER CITY ATTORNEY _ CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE 1, VICKI LYNNE KASAD, CITY CLERK of the CITY OF LAKE ELSINORE, the foregoing Resolution, being Resolution CALIFORNIA, DO HEREBY CERTIFY that 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 , 1990, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS da of 1990, at Lake Elsinore, EXECUTED this Y California. VICKIE LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA [SEAL] i RESOLUTION NO. RO—J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REFERENCING PREVAIL- ING WAGE SCALE AND DIRECTING CALL FOR CONSTRUC- TION BIDS WHEREAS, the CITY COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA, has 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 NORTH- WEST 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 the works of improvement for the Assessment District; and, WHEREAS, it is the intention of the legislative body to also call for sealed proposals or bids for the doing of said work and improvements in said Assessment District; and, WHEREAS, it is necessary to determine the prevailing rate of wages for the various classifications of workmen required in the performance of said work. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That the plans and specifications for the works of improvement in the Assessment District are hereby approved and authorized for bidding. w'..,.5-3w�.A EXHIBIT F 3. That it is hereby determined and ascertained that the general prevailing rate of per diem wages in the locality in which said work described is to be performed in the matter of the construc- tion of certain public works of improvement, together with appurte- nances, in the Assessment District, 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 each craft or type of workman or mechanic needed to execute the contract, and also the general prevailing rate for legal holiday and overtime work of each craft or type of workman or mechanic, is in accordance with the schedule obtained from the Director of Industrial Relations, pursuant to the provisions of Section 1773 of the Labor Code of the State of California, and reference is hereby made to copies thereof on file with the transcript of these proceedings, which said copies are available to any interested party upon request. Further a copy shall be posted at each job site during the course of construction. 4. 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. 5. That the terms and conditions for bidding on the works of improve- ment for this Assessment District are as set forth in full in the Bid Documents in the specifications as previously approved. Reference is hereby made to said Bid Documents heretofore approved and identified as "NOTICE INVITING SEALED PROPOSALS, NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (CONSTRUCTION)". For all parti- culars 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. r_chx}G ITEM F40. a.G�-v- 6. That it is hereby determined that in the event the contractor, contracting owners included, does not complete the work within the time limit specified in the contract or within the time limit as shall be authorized, the contractor or contracting owners, as the case may be, shall pay as liquidated damages the amount or amounts as set forth in the specifications for the project, said amounts herein referenced and so incorporated. That it is impractical to determine the actual damage which will be sustained by reason of such delay, but that the stated sum is a reasonable amount for said liquidated damages and is not being imposed as a penalty. PASSED, APPROVED and AOPTED this day of JAMES WINKLER MAYOR CITY OF LAKE ELSINORE STATE OF CALIFORNIA ATTEST: VICKI LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER CITY ATTORNEY CITY OF LAKE ELSINORE , 1990. M1 =° OFsrs d STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VICKI LYNNE KASAD, 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 , 1990, and that the same was passed and adopted by the following vote: AYES: NOES: COUNCIL MEMBERS COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS EXECUTED this day of California. [SEAL] 1990, at Lake Elsinore, VICKIE LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA OF - 2 Y RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING ON NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN PROCEEDINGS WHEREAS, the CITY COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA, is conducting proceedings for a special assessment district pursuant to the terms and 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, together with appurtenances and appurtenant work in connection therewith, including acquisi- tion where necessary; said special assessment district known and designated as NORTHWEST SEWER ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District"); and, WHEREAS, under ,said special assessment district proceedings, it will be necessary that certain right-of-way acquisition be made in order to accomp- lish the construction of the works of improvement as proposed, and at this time this governing body is desirous of setting a time and place for a public hearing on the necessity to acquire rights-of-way and/or easements not yet -- acquired for the project and improvements in said Assessment District. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That certain right-of-way acquisition is necessary for the accomp- lishment of the improvements as proposed for the Assessment District, and said rights-of-way are as set forth and described in the proposed Resolution of Necessity to Exercise the Right of Eminent Domain, with an Exhibit attached thereto setting forth the proper and legal description of all rights-of-way to be acquired. lcat-)A!TEV F: S-5 EXHIBIT G PAGEJ'-" pc�� 3. THAT NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 24TH DAY OF APRIL, 1990, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE LAKE ELSINORE UNIFIED SCHOOL DISTRICT BOARD ROOM, 545 CHANEY STREET, LAKE ELSINORE, CA, ANY AND ALL PERSONS WHERE EASEMENTS OR RIGHTS-OF-WAY ARE TO BE ACQUIRED, WILL HAVE AN OPPORTUNITY TO APPEAR AND TO BE HEARD ON THE MATTER OF THE NECESSITY TO EXERCISE THE RIGHT OF EMINENT DOMAIN TO ACQUIRE EASEMENTS AND RIGHTS-OF-WAY NECESSARY FOR THE PROPOSED IMPROVEMENTS IN THE ASSESSMENT DISTRICT. ALL PERSONS OBJECTING TO THE PUBLIC INTEREST AND NECESSITY FOR THE PROJECT AND THE DETERMINATION AS TO WHETHER OR NOT THE PROJECT IS PLANNED OR LOCATED IN THE MANNER WHICH WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD, AND THE NECESSITY FOR THE PROPERTY TO BE ACQUIRED, SHOULD BE PRESENT AT SAID TIME AND PLACE. PURSUANT TO SECTION 1245.235 OF THE CODE OF CIVIL PROCEDURE, THE FAILURE TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN FIFTEEN (15) DAYS AFTER THE MAILING OF THIS NOTICE WILL RESULT IN A WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. 4. That the City Clerk is hereby directed to mail notice of the public hearing on the necessity to order acquisition by eminent domain proceedings to all persons owning real property where it is required that easements and/or rights -of- way be obtained in order to accomplish the proposed works of improvement. Said mailing shall be made to the names and addresses as they appear on the last equalized assessment roll for County tax purposes, or as known to the city Clerk, and shall be completed at least twenty (20) days prior to the time said for said public hearing. r PASSED, APPROVED and AOPTED this day of , 1990. JAMES WINKLER MAYOR CITY OF LAKE ELSINORE STATE OF CALIFORNIA ` ATTEST: VICKI LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER CITY ATTORNEY CITY OF LAKE ELSINORE n tTEa` ASO. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VICKI LYNNE KASAD, 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 1990, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS EXECUTED this day of , 1990, at Lake Elsinore, California. [SEAL] VICKIE LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA RESOLUTION NO. Q -�1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AGREEMENTS WHEREAS, the CITY COUNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA, has, pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, by adoption of its Resolution of Intention, declared its intention to order the construction and installation of certain works of improvement, together with appurtenances, 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, the sanitary sewer facilities to be constructed herein, upon their completion, shall become part of the system and under the ownership and control of the Elsinore Valley Municipal Water District, and this legislative body is now ready to enter into an agreement with said District as required by Section 10110 of the Streets and Highways Code of the State of California; and, WHEREAS, it is further provided that any such agreement shall be made prior to the adoption of the Resolution Ordering Work under the assessment proceedings; and, WHEREAS, at this time certain facilities are being oversized to serve property outside the boundaries of the Assessment District, and the property owner receiving the benefit, being Long Beach Equities, is prepared to finance the costs and expenses for said oversizing, and an agreement has been prepared generally setting forth the terms and conditions relating to the oversizing and the required payment thereof. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: EXHIBIT HOF 1. That the above recitals are all true and correct. 2. That the agreement as submitted between the City and the Elsinore Valley Municipal Water District relating to the construction, ownership and maintenance of the sanitary sewer facilities is hereby approved and authorized for execution by the Mayor and the City Clerk. 3. That the agreement as submitted between the City and Long Beach Equities relating to the oversizing and property owner payment is hereby approved and authorized for execution by the Mayor and the City Clerk. 4. That immediately upon execution, conformed copies of said agreements shall be transmitted to the parties mentioned above, together with a copy of this Resolution. PASSED, APPROVED and AOPTED this day of , 1990. _ JAMES WINKLER MAYOR CITY OF LAKE ELSINORE STATE OF CALIFORNIA ATTEST: VICKI LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: JOHN R. HARPER CITY ATTORNEY CITY OF LAKE ELSINORE i NAGE 2 Z— Or= �' STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VICKI LYNNE KASAD, 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 , 1990, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS EXECUTED this day of California. [SEAL] , 1990, at Lake Elsinore, VICKIE LYNNE KASAD CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA ORDINANCE NO. 883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING MUNICIPAL CODE SECTION 9.88.010 RELATING TO THE DISCHARGE OF FIREARMS WHEREAS, the City of Lake Elsinore has enacting Municipal Code Section 9.88.010 prohibiting and making unlawful the discharge of certain types of weapons within the incorporated limits of the City; and WHEREAS, the City Council for the City of Lake Elsinore desires to amend said section providing for broader coverage of the ordinance; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: 1. The Municipal Code for the City of Lake Elsinore is hereby amended as follows: Section 9.88.010 Firearm. The word "firearm" as used herein includes the following: cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, air gun, pellet gun, and any other weapon designed to discharge one or more projectiles propelled by the expansion of gas. Section 9.88.020. It shall be unlawful for any person or persons to fire or discharge a firearm within the incorporated limits of the City, as shown on the official map of the City on file in the office of the City Clerk, with the exception of any officer or special officer of the City, County or State in the line of duty or on a pistol range, rifle range, skeet or trap range having a proper special permit and current business liscenses provided by law. ction 9.88.030. It shall not be unlawful for a person or persons to fire or discharge an air gun or pellet gun on said person or persons lawfully occupied property within an AGENDA IM' NO. PAGE._) _.rOF-41— enclosed area and for the purpose of target shooting as long as the projectile fired or discharged remains within said enclosed area and on the person or persons property. INTRODUCED AND PASSED UPON FIRST READING this 27th day of February , 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: BUCK, DOP1INGUEZ, STARKEY, WASHBURN, WINKLER NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON THE SECOND READING this day of , 1990, upon the following roil call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: ATTEST: L. Kasad, City Clerk APPROVED AS TO FORM: John R. Harper, City Attorney [SEAL] -2- Jim Winkler, Mayor AGENDA ITEM NO. PAGE OF. - 4. 5. RN A G E N D A REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 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." CALL TO ORDER ROLL CALL CONSENT CALENDAR All matters on the Consent Calendar are to be approved on one motion unless a Boardmember requests separate action on a s pRc i f iki t epes 1. February 27, 1990 — Regular Redevelopment Agency Meeting. B. Investment Report — February, 1990 C. Warrant List — February 28, 1990 D. Tentative Tract Map 24624 - Centex Homes. E. Tentative Tract Map 23988 - Ortega Partners. F. Tentative Tract Map 25442 - Doug Reuvers & Sharon Gibson. G. Commercial Project 89-9 - Pinnacle/Lakeshore #3. H. Industrial Project 90-1 - Ed Carlson. I. Northwest Sewer Project Assessment District 86-1. PUBLIC HEARINGS None. BUSINESS ITEMS A. Professional Services Agreement - Elsinore Valley Community Development Corporation. EXECUTIVE DIRECTORS REPORT RECOMMENDATION Approve. Rec. & File. Ratify. Concur with Council Action. Concur with Council Action. Concur with Council Action. Concur with Council Action. Concur with Council Action. Concur with Council Action. Approve Agmt. 7. 8. PAGE TWO - REDEVELOPMENT AGENCY AGENDA - MARCH 13, 1990 REPORTS AND RECOMMENDATIONS CLOSED SESSION 9. JADJOURNMENT MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27, 1990 1. CALL TO ORDER The Regular Redevelopment Agency Meeting was called to order by Chairman Washburn at 10:02 p.m. 2. ROLL CALL PRESENT: BOARDMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: BOARDMEMBERS: NONE Also present were: Executive Director Molendyk, Assistant Executive Director 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 MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. A. The following Minutes were approved: 1. February 13, 1990 - Regular Redevelopment Agency Meeting. B. Received and ordered filed the Investment Report from January 31, 1990. C. Concurred with Council Action to Continue Tentative Tract Map 23988 - Ortega Partners to March 13, 1990. D. Concurred with Council Action to Approve Tentative Tract Map 24618 for George Wimpey. E. Concurred with Council Action to Continue Tentative Tract Map 25442 - Doug Reuvers and Sharon Gibson to March 13, 1990. 4. PUBLIC HEARINGS None. 5. BUSINESS ITEMS A. Downtown Parking Lots. Executive Director Molendyk advised that a Closed session is needed to discuss potential litigation involving the proposed Downtown Parking Lots. 6. EXECUTIVE DIRECTORS REPORT None. 7. REPORTS AND None. AGENDA ITEM NO. �? • A PAGE OF !. PAGE TWO - REDEVELOPMENT AGENCY MINUTES - FEBRUARY 27, 1990 THE REDEVELOPMENT AGENCY MEETING WAS RECESSED AT 10:02 P.M. THE REDEVELOPMENT AGENCY MEETING RECONVENED AT 10:04 P.M. 8. CLOSED SESSION THE REDEVELOPMENT AGENCY MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:05 P.M. TO DISCUSS POTENTIAL LITIGATION RELATING TO PROPERTY ACQUISITION. THE REDEVELOPMENT AGENCY RECONVENED AT 10:30 P.M. NO ACTION TAKEN. 9. ADJOURNMENT THE REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 10:31 P.M. ATTEST: VICKI KASAD CLERK OF THE BOARD REDEVELOPMENT AGENCY GARY M. WASHBURN, CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE AGENDA ITEM NO. -a-L_ PAGE OF Q REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS FEBRUARY 28, 1990 LOCAL AGENCY INVEST FUND 8.538% DAILY GOVERNMENT BACKED SECURITIES - NEGOTIABLE FEDERAL HOME MORTGAGE CO. 8.75% 03-16-88 GOV. NAT'L MORTGAGE ASSN. 7.500% 04-10-87 GOV. NAT'L MORTGAGE ASSN. 7.500% 04-28-87 24-HOUR $3,776,000 05-01-08 278,065 04-10-07 19,847 04-28-07 42.140 340,052 --------------------------------------------------- --------------------------------- --- AGENCY INVESTMENT TOTAL 4,116,052 --------------------------------------------------- ESTIMATED EXPENDITURES - MARCH, 1990 **Will meet anticipated expenditures AVERAGE ANNUAL RATE...... 8.072% i,:• 1wt. AGENDA ITEMNO. 3 // r PAGE 1_ OF—L_ LAKE ELSINORE—RDA DEMAND/WARRANT REGISTER NO. 90-081 PAGE NO. DATE 02/28/90 R PAYEE DETAIL OF DEMANDS PRESENTED WARRANTCHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV. NO. AMOUNT NO. AMOUNT ALLEW d ASSOCIATES, INC. 1294 15197.03 * ILLIAM S. BUCK 1295 60.00 * STATE OF CALIFORNIA 267 100.00 * ICTAPHONE CORPORATION 1279 .00 * DICTAPHONE CORPORATION 1287 1027.41 * FRED DOMINGUEZ 1296 60.00 * EXPRESS BLUEPRINTING 1285 96.08 * HARPER d BURNS 1280 361.25 * INTERNATIONAL COUNCIL OF 1281 250.00 * HE KEITH COMPANIES 1297 11970.93 * HE KEITH COMPANIES 1283 5935.89 * CITY OF LAKE ELSINORE 1298 7997.06 * CITY OF LAKE ELSINORE 1299 34.51 * AKE ELSINORE TRAVEL SERVICE 1300 108.00 * ETER J. LEHR 1301 3000.00 * .J.M. DESIGN GROUP, INC. 1282 3540.00 * ECURITY PACIFIC NAT'L BANK 1288 475.28 * ILL STARKEY 1302 60.00 * ARY WASHBURN 1303 30.00 * EDIN ENTERPRISES 1304 3687.50 4 EDIN ENTERPRISES 1284 3687.50 a EDIN ENTERPRISES 286 2312.00 8 AGENDA ITEMyy NO—3-C, PAGE_1_._ OF—a— LAKE ELSINORE-RDA DEMAND/WARRANT REGISTER NO. 90-081 PAGE NO. 2 DATE 02/28/90 HER J. PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'0 INV. NO. AMOUNT NO, AMOUNT IM WINKLER 1305 60.00 * HARCHOL/HARTMAN 6 ASSOC. 1306 1511.88 * AIN STREET BAKERY 289 35.00 * HE FITZGERALD REPORT 268 48.00 * HRISTENSEN AND WALLACE 1307 1229.58 * AGENDA ITEM NO. � A .. E OF 3 PAG LAKE ELSINORE-RDA DEMAND/WARRANT REGISTER NO. 90-081 PAYEE PAGE NO DATE 3 02/28/90 WARRANTCHECK AGENDA ITEM NO. I' L PAGE OF,l. DETAIL OF DEMANDS PRESENIEU WWI, I CSV DESCRIPTION ACCOUNT CHG'0 INV, NO. AMOUNT NO. AMOUNT RITTEN 45006.49 REPAID 17868.41 CCRUED .00 OTAL 62874.90 RECAP BY FUND RE-PAIQ RITTEN OPERATING FUND - AREA I 910 3995.46 17630.08 CONSTRUCTION FUND - AREA 911 3540.00 3311.88 OPERATING FUND - AREA II 920 3960.48 9633.02 CONSTRUCTION FUND - AREA 921 .00 3000.00 OPERATING FUND - AREA 111 930 6372.47 11431.51 AGENDA ITEM NO. I' L PAGE OF,l. CITY OF LAKE ELSINORE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RON MOLENDYK, CITY MANAGER DATE: MARCH 13, 1990 SUBJECT: ADDITIONAL AND/OR REVISED CONDITIONS FOR TENTATIVE TRACT 24624 AND DISCUSSION OF PROJECT REVISIONS - CENTEX This matter was continued from the City Council meetings of February 13 and February 27, 1990 in order for staff to meet with the neighbors and the applicant to work out some issues relative to buffer parcel sizes, minimum lot sizes, circulation issues, view protection for properties along Vista View, and other issues as indicated in the February 27, 1990 memo from Ron Molendyk to the City Council. Following is a list of project revisions which were worked out between the neighbors and the project proponents: 1. Mango Street will be conditioned to be barricaded until such time that the extension of "I" Street is completed through the Pacific Scene property to the north 2. The lots located immediately adjacent to Vista View will be larger and approximately 18 to 20 feet deeper than previously proposed, which should help protect views. The finished grades will also be lower than the previous plans by 2 or 3 feet. The resultant lots will be at least 7,200 square feet in size and more in compliance with the 75% buffer provisions of the code. 3. A proposed condition of approval will limit large commercial vehicles on the "I" Street extension north of Grand Avenue. 4. Small lots located adjacent to Vista View will be limited to single -story structures to protect views (see attached conditions of approval). 5. The applicant will be conditioned to enter into an agreement to resolve the filling of the drainage ditch behind Vista View (see attached conditions of approval). In summary, it is staffs opinion that all of the neighbors concerns relative to this project have been resolved. At the last meeting between the neighbors, the developer, and staff on this matter, the representatives for the neighbors indicated that the latest revisions to the plan adequately addressed their concerns. Both the developer and the neighborhood representatives had to compromise over the view issue, the homeowners agreed to accept assurances of balcony views rather than ground level views and the applicants increased lot sizes and increased the number of single -story homes to reduce view impacts. RECOMMENDATION it is recommended that the City Council re -affirm Environmental Impact Report 88-2 and approve Tentative Tract Map 24624 based on the findings and subject to the conditions listed in the February 13, 1990 staff report and new conditions of approval, and the conditions contained in the February 13, 1990 staff memo to the Council. 2 AGENDA ITEM NO. J PAGE OF__J__. CITY OF LAKE ELSINORE MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RON MOLENDYK, CITY MANAGER DATE: MARCH 13, 1990 SUBJECT: TENTATIVE TRACT MAP 23988: ORTEGA PARTNERS This item was continued from the City Council meeting of February 27, 1990, in order for staff, the applicant, selected members of the Council, and the neighborhood representatives to meet and discuss various alternative site plans. The developer, at the direction of staff, developed several scenarios for discussion purposes. After evaluating the various alternatives and discussing them with the neighborhood representatives and Councilmembers, the following scenario emerged as the most feasible: 7,200 square foot minimum parcel sizes with the large lot buffer along the southeasterly boundary for a total of 259 lots. This proposal would also include a small (approximately one-half acre in size) pocket park near the proposed fire station site. Neighborhood representatives, although acknowledging movement toward a resolution of the issue, could not assure that the above approach would be acceptable. The developer is continuing to review the issue, but doubts he is able to reduce the number of lots further. It is staff's opinion that the latest revision best addresses - the concerns of the residents and council relative to compatibility with surrounding developments. RECOMMENDATION It is recommended that the City Council re -affirm Environmental Impact Report 88-2 and approve Tentative Tract Map 23988 based on the findings and conditions listed in the February 27, 1990 staff report to the City Council. JIGENDA ITP! j PAQE.�,� OFy_ MEMORANDUM TO: Honorable Mayor and City Council FROM: Dave Gunderman, Community Development Director 'lot DATE: March 13, 1990 SUBJECT: Tentative Tract Map 25442: Doug Reuvers The applicant has requested that this item be continued until the March 27, 1990, City Council hearing, in order to resolve access issues for landlocked parcels northerly and north- westerly of the site. AGENDA fTEM NO. 3`�"' PAGE OF ' REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: March 13, 1990 SUBJECT: Commercial Project 89-9: Pinnacle Lakeshore #3, A General Partnership; a request to construct a commercial center consisting of three (3) buildings totaling 28,770 square feet, located approximately 1,200 feet east of Main Street, north of Lakeshore Drive. PREPARED BY: Gabrielle Restivo APPROVED BY Gabrielle Restivo Dave G derman Associate Planner Comm. V. Dir. APPROVED BY: Q\�� Ron Molendyk City Manager BACKGROUND At the meeting of February 21, 1990, the Planning Commission recommended approval of Commercial Project 89-9 by a 4-0 vote, Commissioner Wilsey absent (minutes and staff report attached). Items discussed included hydroseeding the existing 1:1 slope, roof mounted equipment, landscape bonding, the Lakeshore Drive right-of-way, the project loading area and the blue tile roofing. The conditions of approval were amended to require erosion control landscaping in graded areas only, to allow roof mounted equipment behind a parapet wall, to require the standard landscape bonding, to uphold engineering right-of-way conditions as submitted, to require screening of the loading area from the public right-of-way and to allow the blue tile roofing. The buildings will be light grey wood siding, dark grey wood trim and blue tile roofing. RECOMMENDATION It is recommended that City Council adopt Negative Declaration 89-55, and approve Commercial Project 89-9 based on the findings and subject to the attached 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. No environmental impacts are anticipated as a result of this project. 3. If the attached conditions are met, this project will meet the design directives of Chapters 17.44, 17.38, 17.82 of the Lake Elsinore Municipal Code. AGENDA ITEM NO. PAGE OFE REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: March 13, 1990 SUBJECT: Industrial Project 90-1: Ed Carlson; a request to construct an 8,000 square foot industrial building on a .41 acre site, located approximately 420 feet north of Flint Street, west of Langstaff. PREPARED BY: Gabrielle Restivo APPROVED Gabrielle Restivo Dave nderman Associate Planner Comm. ev. Dir. APPROVED BY: Ron Molendyk City Manager BACKGROUND At the meeting of February 21, 1990, the Planning Commission recommended approval of Industrial Project 90-1 by a 4-0 vote, Commissioner Wilsey absent (minutes and staff report attached). The location of the trash enclosure was discussed relative to the loading area, and the front elevation windows were discussed. Conditions were revised to allow the trash enclosure to remain where proposed and to elongate and consolidate the windows in the "open workshop area". The industrial building is to be split -face masonry block with a beige stucco finish and rust colored trim. Office entrance and window glass is to be clear with dark mullions, the multi -textured split -face masonry block will be exposed in bands to provide architectural variations. RECOMMENDATION It is recommended that City Council adopt Negative Declaration 90-1, and approve Industrial Project 90-1 based on the findings and subject to the attached 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. No environmental impacts will result from this project. 3. If the attached conditions are met, this project will meet the design directives of Chapters 17.38, 17.56, 17.82 and 17.66 of the Lake Elsinore Municipal Code. AGENDA ITEMNO. 1'0' IPAGE _OF—L— REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD MARCH 13, 1990 SUBJECT: NW SEWER PROJECT ASSESSMENT DISTRICT 86-1 PREPARED BY: �1, Y -"Z, APPROVED: � k Ron Kirchner Ron Molendyk Director of Public City Manager Services BACKGROUND In April, 1986, petitions were filed with the City Council requesting the construction of a sewer to serve the property along Collier Street from Chaney to Nichols. Since that time the project has been under design and staff is now ready to proceed with the project development. FINDINGS Staff has prepared the necessary engineering and legal documents to commence the project. Representatives of the engineering consultant and the Bond Counsel will present the maps, reports and resolutions and respond to questions as per the attached Order of Procedure (Exhibit "A"). Copies of the Engineer's Report have been distributed to the Council. FISCAL IMPACT All costs associated with the work are included in the project costs and will be assessed to the benefited properties. There is no direct cost to the City. Vt'll'1 L1V LA11V1V --- Hear the presentation by the Engineer and Attorney and adopt resolutions including: EXHIBIT Resolution Making Appointments B Resolution Adopting Proposal Boundry Map C Resolution of Intention D Resolution Passing on "Report" and Setting Public Hearing E Resolution Calling For Construction Bids F Resolution Setting Hearing on Eminent Domain Proceedings G Resolution Approving Agreements H f;G`f DA STEfn NO. 1�'.e-. PAGE / OF----;-- CITY OF LAKE ELSINORE REPORT TO THE REDEVELOPMENT AGENCY DATE: MARCH 13, 1990 SUBJECT: PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN CITY OF LAKE ELSINORE AND THE ELSINORE VALLEY COMMUNITY DEVELOPMENT CORPORATION i = r' Prepared and Approved by: Executive Director BACKGROUND As you are aware, the Redevelopment Agency Board, as one of their goals, has established improvement and economic needs in the Downtown Area. Attached you will find specific programs to be accomplished by the Community Development Corporation (CDC) for the City of Lake Elsinore, -Redevelopment Agency, within the Downtown and within the City "Redevelopment Agency Project Areas". In addition, to the programs outlined in Exhibit A, the Redevelopment Agency (RDA) Committee feels an additional $1500 should be added for promotion, advertising and marketing. RECOMMENDATION That the attached agreement between the Elsinore Valley Community Development Corporation and the City of Lake Elsinore Redevelopment Agency in the amount of $31,500 be approved. RM: Id attachment: Exhibit "A" Mxhibit 1) Agreement AGENLM ITEM NO. . PAGE_ OE,Z EXHIBIT "A" ELSINORE VALLEY COMMUNITY DEVELOPMENT CORPORATION PROJECT DESCRIPTION Purposes and Beneficiaries A. Definitions Hereinafter the following terms will be used: 1. The Elsinore Valley Community Development Corporation will be referred to as the "Corporation". The Lake Elsinore Redevelopment Agency will be referred to as the "RDA". 3. The Executive Director of the Redevelopment Agency will be referred to as the "Executive Director". 4. The County of Riverside will be referred to as the "County" Purpose and Beneficiaries The purpose of this project is to carry out specific programs, projects, and activities designed to encourage, initiate and finance economic development and redevelopment in the City. These services will focus on conditions of blight, physical obsolescence, land underutilization, unemployment, underemployment, poverty, public dependency, community social and economic disparity. Project beneficiaries will be those persons including, but not limited to, the financially handicapped, receiving employment as a result of the Corporation's efforts and the communities in general where the development of rehabilitation occur. Content and Operations. The Corporation, in the performance of the scope of the work defined below, will emphasize and give priority to City redevelopment and business revitalization projects as identified by the Executive Director or his designee. Unless otherwise specifically noted to the contrary, the Corporation will provide the following scope of services, to the extent that it is lawfully authorized to do so, anywhere within the boundaries of the City Redevelop- ment Agency. Inventory of Historical Buildings in the Downtown Area. The Corporation will research, conduct and update an Historic Resources Inventory of the Lake Elsinore Downtown Historic District. This will include, but not be limited to, materials developed by the State of California Department of Parks and Recreation in a study completed in 1982. It will recommend priorities as to sites and buildings appropriate for retention and rehabilitation, as well as strategies for dealing with these historical buildings. The Corpora- tion will identify specific landmarks to maintain the goals for Down- town Revitalization, suggest sources for funding of these projects, and assist with developing a list of qualified preservation architects and construction firms. The Corporation will further, at the RDA's direction, assist with the development of a viable Historic Preservation Ordinance. A current inventory of historic buildings will be developed, including photographs of identified structures, and this will be provided both the RDA and the local historical society. AGENDA ITENI NO. EA, PAGE 2_ OF � C 0 Exhibit "A" Page Z Housing Structure at 138 East Graham Avenue. The Corporation will research the history and current ownership of the two-story structure at 138 East Graham Avenue, adjacent to the Evans -Brown Mortuary. If the structure is determined to be available for sale, the Corporation will determine the efficacy of rehabilita- tion or conversion to a higher use than is now the case. Recommenda- tions as to development of this site within the RDA's goal for the area will be provided. Vacant Land at Graham and Chestnut. The Corporation will research the ownership and availability for sale of this land consisting of three adjacent parcels. The land, if available, will be marketed to appropriate builders with an antici- pation of constructing a quality project which would create the necessary residential support for the downtown retail area. Infill Lots. The Corporation will research additional infill lots, with the initial target those lots immediately to the east of City Hall. Then the Corporation will identify ownership of such lots, the terms of Possible acquisition and the nature of higher utilization. The Corporation will identify qualified architects and builders as well as developers, and determine a program of prioritization and funding of specific projects within the Redevelopment Area under study. The Corporation, with the assistance of RDA staff, will establish marketing guidelines within existing City/RDA standards and examine the potential value of a Housing Authority with resultant CC&R's and goals. The Corporation will further contact the Lake Elsinore Unified School District, the Elsinore Valley Municipal Water District, and other interested entities with the goal of establishing certain incentives for those who invest in the rehabilitation of existing structures and the construction of appropriate new structures within the guidelines of a RDA -adopted theme. The Corporation will research funding sources to include, but not be limited to, Federal, State and County programs. Special Programs. The Corporation will undertake several special programs at the request of the RDA which will utilize Corporation staff, resources and expertise. These programs will supplement and implement existing RDA programs and projects and will result in recommendations to the RDA for action, when circumstances show such a need. Additional programs may be suggested from time to time, but those to be considered under this Contract are as follows: Displaced Citizenry. The Corporation will review the circumstances of those local citizens who may be in need of relocation due to the redevelop- ment of rehabilitation of existing structures in the area under study. Alternate housing opportunities will be researched and recommendations made as to feasible means of accomplishing these goals. Housing authority. The Corporation will research the establishment of a local Housing Authority in cooperation with RDA staff. This will include development of standards, funding and enforcement of regulations. AGENDA ITEM NO. PAGE 5' OF—/ Z Exhibit "A" Page 3 3. Day Workers. The RDA and Corporation recognize that the current practice of having day workers congregate on various corners awaiting offers of employment is not satisfactory and merits review. The Corporation will research practices of other similar communities in dealing with this situation and make recommendations as to viable alternatives. This will include the identification of potential sites for location of a common day worker employment site with the establishment of a suitable restroom facility, shelter and/or benches. Cooperation of the Chamber of Commerce in this project and possible Immigration Service input will be sought. 4. Neighborhood Enhancement Program. The Corporation will develop, with the cooperation of the RDA, guidelines for enhancement of various targeted neighborhoods within the community. This will involve recommendations for a "Paint-up/Fix-up" campaign, with incentives for upgrading existing structures involving painting, roofing, etc. The possibility of providing donated materials and/or labor from available sources will be explored. Resource Bank. The Corporation will research the efficacy of establishing a tool loan bank to provide assistance to citizens desiring to improve their property, but lacking the necessary tools to accomplish this task. The Corporation will further work with the RDA to establish color codes to meet established standards and monitor work so as to meet these guidelines. This will be carried out in conjunction with "4" above. 3. Monitoring and Assessment Ongoing assessment of this project will be conducted by the RDA. The Corporation will submit a final report to the RDA at the end of the project period and will provide to the extent requested by the. RDA, all monthly financial documentation, monthly written progress reports (2 copies each) and meet monthly with RDA staff. These reports will outline all successes and problems toward accomplishing the work project required above. Any required monthly report will be submitted in a format provided by the RDA. At least once each month of the project period, the Corpora- tion staff will meet with RDA staff and others as deemed necessary and appropriate by the RDA for the purpose of briefing RDA personnel regarding the progress of the project. These meetings shall be at a place and time mutually agreed upon. In addition to the formal reports identified, close liaison will be maintained with the RDA to ensure timely and appropriate completion of the required effort. The RDA will also assess project operations, including: a) Completion of project tasks on schedule and in compliance with this Contract. b) Overall project management; and, c) Achievement of goals and objectives. 4. Project Administration The Corporation is responsible for delivering the identified products within the Contract period and may be assisted in completing specified work tasks by subcontractors. AGENDA ITEM NO, PAGE OF/2-- Q102 Exhibit "A" Page 4 Legal Review of Documents The RDA Attorney will review as to form and legality all project contracts and/or binding legal agreements where the County or the City is a party to the contract or agreement. The Corporation shall not be liable for the form of said contracts or agreements once approved as to form and legality by the RDA Attorney. Delav in Project Progress In the event the Corporation encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the Contract delivery schedule or date, or whenever the Corporation has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, the Corporation shall immediately notify the RDA in writing, giving pertinent details. In the event the subject delay is the responsibility of the RDA or other entity not associated with the Corporation, the Corporation shall be entitled to an equitable adjustment of the time. The RDA will respond to a "Notice of Delay" within ten (10) working days of receipt of the Notice. Additional Insurance The Corporation shall secure and maintain a comprehensive blanket crime policy, in an amount not less than One Million Dollars ($1,000,000) insuring against loss of money, securities, or other property referred to hereunder which may result from (a) dishonesty or fraudulent acts of officers, Directors, employees (commercial blanket form) of the Corpora- tion; or (b) disappearance, destruction or wrongful abstraction inside or outside the premises of the Corporation while in the care, custody or control of the Corporation; or (c) sustained through forgery or alteration of checks, drafts or any order or direction to pay a certain sum of money. Said policy shall be primary to any other similar insurance and shall include a loss payee endorsement naming the RDA as its interests may appear. The insurance carrier shall be satisfactory to the RDA and certificates evidencing such insurance, along with significant endorsement, shall be delivered to the RDA and shall stipulate that the RDA is to be given at least thirty (30) days written notice in advance of any modification or cancellation. Project Budget See Exhibit "1" attached to this Exhibit "A and incorporated herein by this reference. AGENDA ITEM NO. PAGE_„LOF_Z_LZ_ EXHIBIT 1 PROJECT BUDGET ELSINORE VALLEY COMMUNITY DEVELOPMENT CORPORATION A. Inventory of Historical Buildings in the Downtown Area Budget for Completed Study $10,000.00 B. Housing Structure Budget for Completed Study 2,500.00 C. Vacant Land Budget for Completed Study 5,000.00 D. Infill Lots Budget for Completed Study 5,000.00 E. Special Programs Budget for Completed Study 7,500.00 TOTAL FOR PROPOSED PROJECTS; $30,000.00 Page 5 It is proposed that an initial funding in the amount of twenty (20) percent of the Contract ($6,000.00) be made to the Corporation from the Agency with incremental funding in the amount of $4,000.00 per month for the five month period anticipated in completing the above projects. The initial funding would be due and payable on the occasion of the signing of the mutually accepted document and the commencement of work on the project by the Corporation. AGENDA ITEN1 NO. 5,A, PAGE L OF 12— ECONOMIC DEVELOPMENT AGREEMENT BETWEEN LAKE ELSINORE REDEVELOPMENT AGENCY AND THE ELSINORE VALLEY COMMUNITY DEVELOPMENT CORPORATION This Agreement is made and entered into this day of 1990, by and between the Lake Elsinore Redevelopment Agency, hereinafter "AGENCY", and the Elsinore Valley Community Development Corporation (hereinafter "CORPORATION"), and is made with reference to the following facts: RECITALS A. There is community need and interest in programs, projects and activities designed to encourage and improve economic development in Lake Elsinore, to create jobs and ameliorate conditions of unemployment, poverty, dependency, community tensions and social and economic disparity. B. The Agency, pursuant to Government Code, is authorized to expend funds for services in accordance with the terms and conditions set forth herein. C. The Corporation assists the Agency in its ongoing economic development efforts. D. The Corporation is qualified by reason of experience, preparation and organization to provide the services set forth in this Contract and, further, the Corporation is Authorized by virtue of its incorporation pursuant to the California Nonprofit Corporation Law to provide the services contemplated in this Contract. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be arrived therefrom, the parties agree as follows: 1. Scope of Services. The Corporation is to perform all of the services in the Project Description specifically related to the providing of low and moderate income housing assistance in the downtown area, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter "Services"). AGENDA I T E&q NO.—LA, PAGE, OF� 2. Time of Performance. The performance of the Services are to commence on , 1990, and shall be completed pursuant to that schedule set forth in Exhibit "A". 3. Budget Section. No more than the amount specified in Exhibit "A" may be spent for the separate cost categories without written approval of the Executive Director. 4. Contract Administration. The Executive Director or designee shall have full authority to act for the Agency in the administration of this Contract consistent with provisions contained herein. 5. Benefits to the Agency; Right to Offer Services to Others. As consideration for providing Contract administration services herein, the Corporation will provide the services identified in Paragraph 1, entitled "Scope of Services", on a priority basis to Agency projects, ad identified by the Executive Director or designee. Corporation, subject to its duty to provide its services to the Agency's projects on a priority basis, may enter into such other contracts and agreements to make its services available to others as it may desire. 6. Use of Funds. Notwithstanding any other provision of this Contract, no funds provided by the Agency shall be expended for the private benefit of any project applicant for a project administered by the Corporation nor in any other way in violation of Section 6, Article XVI, of the California Constitution proscribing gifts or loans of public funds for private purposes. Contract funds shall not be used as security or to guarantee payments for any non -program obligations, nor as loans for non -program activities. 7. Termination and Termination Costs. This Contract may be terminated for any reason at any time by the Corporation or Agency upon giving sixty (60) days notice in writing to the other. The Executive Director is hereby empowered to give said notice. 8. Conflict of Interest. The Corporation, its agents and employees shall comply with all applicable Federal and State laws and regulations and County ordinances governing Conflict of Interest. The Corporation and the Agency, each acknowledge that Gary Washburn is currently a City Councilmember as well as a member of the Corporation. Since there is no economic advantage available to Gary Washburn as a result of being either a City Councilmember or a member of the corporation, the parties to this Agreement do not believe that the situation created a Conflict of Interest. However, to the extent that such _2 AGENDA ITEM NO. A PAGE '�2E OFL a Conflict of Interest is deemed to exist, the parties of this Agreement never- theless consent to Gary Washburn's performance of his duties as both a City Councilmember and a member of this Corporation, to the same extent as though he held either, but not both, of said positions. 9. Discrimination. No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment by this Contract. 10. Independent Contractor. All parties hereto in the performance of this Contract will be acting in an independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the agents or employees of the other party for any purpose whatever. 11. Amendments. Except as herein provided, additional variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by all parties. 12. Monitoring and Evaluation. The Agency will monitor, evaluate and provide guidance to the Corporation in the performance of this Contract. Authorized representatives of the Agency shall have the right of access to all activities and facilities operated by the Corporation under this Contract. Facilities include all files, records and other documents related to the performance of this Contract. Activities include attendance at staff, Board of Directors, advisory committee and advisory board meetings and observation of ongoing program functions. The Corporation will insure the cooperation of its staff and board members in such efforts. The Executive Director or designee will conduct periodic program progress reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved, effectiveness of program management and the overall impact of the Community Development Corporation's program. Nothing herein shall allow the Agency or any person or entity acting on its behalf access to confidential information (whether financial or otherwise) of the clients of the Corporation (including participants in the programs being conducted pursuant to the terms of this Contract), without the express written consent of the effected client. -3- AGENDA ITE,I NO. � PAGE GF �� .. 13. Audits, Accounting and Audit Exceptions. (a) The Corporation's program will be audited in accordance with the Agency's policy of funding guidelines. The Agency, or their authorized representatives, at any time during normal business hours and as often as the Agency may reasonably deem necessary, have all books, documents, papers, records, property and premises of the Corporation relating to the performance of this Contract. (b) The Corporation agrees that in the event the program established herein is subjected to audit exceptions by appropriate Agency,. County, State or Federal agencies, it shall be responsible for complying with such exceptions and paying the Agency the full amount of the Agency's Tiability to the County, State or Federal Government resulting from such audit exceptions. 14. Indemnification. (a) The Corporation agrees to indemnify, defend and save harmless the County and the Agency, their agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with the Corporation's operations, or its services hereunder. 15. Compliance with Laws. The parties agree to be bound by all applicable Federal, State and local laws, ordinances, regulations and directives insofar as they pertain to the performance of this Contract. 16. No Waiver. No waiver or any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 17. Invalidity. If any provision of this Contract shall be invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and shall not in any matter affect or render invalid or uneforceable any other severable provision of this Contract, and this Contract shall be carried out as if any such invalid or unenforceable provision were not contained herein. 18. Notice. All notices or demands of any kind which may be required to be service under the terms of this Contract shall be in writing and shall be deemed service when personally delivered or five (5) days after being mailed by -4- AGENDA ITEM NO. PAGE A-2 OF-,Z� registered or certified mail, return receipt requested, addressed as follows: AGENCY LAKE ELSINORE REDEVELOPMENT AGENCY 130 South Main Street Lake Elsinore, CA 92330 Attention: Ron Molendyk Executive Director CORPORATION ELSINORE VALLEY COMMUNITY DEVELOPMENT CORPORATION P. 0. Box 59 Lake Elsinore, CA 92330 Attention: John Matson, President Board of Directors Any party may change the address set forth herein by giving written notice of said change to all parties. 19. Assignability. The Corporation shall not assign any interest in this Contract (whether by assignment or novation) without the prior written consent of the Agency. 20. Publication Reproduction and Use of Material. No material produced, in whole or in part, under this Contract shall be subject to copyright in the United States or in any other country. The Agency shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Contract. All reports, data and other materials prepared under this Contract shall be the property of the Agency upon completion of this Contract. 21. Governing Law. This Contract shall be construed and interpreted according to the laws of the State of California. 22. Complete Agreement. It is expressly understood and agreed that this Contract constitutes the entire agreement between the Elsinore Valley Community Development Corporation and the Lake Elsinore Redevelopment Agency and in no event shall the Corporation be entitled to any compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. This Contract is entered into and is effective on the date set forth above. -5- AGENDA IT&A NO. S,k \ PAGE ATTEST: Ron Molendyk, Secretary of Agency APPROVED AS TO FORM AND LEGALITY: John R. Harper, Agency Attorney /ld g103 AGENCY LAKE ELSINORE REDEVELOPMENT AGENCY By. Gary Washburn, Chairperson CORPORATION ELSINORE VALLEY COMMUNITY DEVELOPMENT CORPORATION AGENDA ITEM NO. _sL 'N PAGE ��—OF 12—