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City Council Agenda Packet 06-12-1990
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Lake Elsinore City Council Agenda 545 CHANEY STREET - LAKE ELSINORE SCHOOL DISTRICT BOARD ROOM TUESDAY, JUNE 12, 1990 - 7:04 P.M. POLICY OF THE CITY COUNCIL: "Only those items filed with the City Cleric's Office by Noon, Tuesday, prior o e 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. Introduction of New Rodeo Queen. B. Presentation - Ellen Todd, Downtown Design Review Committee. C. Proclamation - Amateur Radio Week - Doc Savage. CONSENT CALENDAR Minutes a. May 22, 1990 - Regular City Council Meeting. b. May 16, 1990 - Lake Elsinore Planning Commission. Building Activity Report - May, 1990. Code Enforcement Activity Report - May, 1990. Structure Abatement Activity Report - May, 1990. Investment Report - May, 1990. Warrant List - May 31, 1990. Claim submitted by Colich & Sons (CL #90-15). Claim submitted by Betty Rasmussen (CL #90-16). Claim submitted by David D. Kromer (CL #90-17). Pepsi Playpark Application - Authorization. Approve. Rec. & File. Rec. & File. Rec. & File. Rec. & File. Rec. & File. Ratify. Rej. & Ref. Rej. & Ref. Rej. & Ref. Authorize Application. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. PAGE TWO - CITY COUNCIL AGENDA - JUNE 12, 1990 Letter of Opposition - Assembly Bill 2879 (Cortese). Appropriation Limitation - Resolution No. 90-50. City-wide Lighting & Landscaping Maintenance District - Engineer's Report, Preparation of Plans & Specs, Establishment of Public Hearing Date. Resolution Nos. 90-51 thru 90-53. Right of Entry Permit - Railroad Canyon Road. Authorization to Advertise for Planning Commission Applications. Final Approval of Parcel Map 24752 North side Casino Drive and south of Railroad Canyon Road. Final Approval of Tract Map 24856 - West of Robb Road, North of Mountain Avenue and South of Running Deer Street. First Amendment to Construction Agreement Addendum for Tract 18719-1. Notice of Completion - Main Street (Flint to Sumner) Landscape Improvements. Notice of Completion - Lakepoint Park Athletic Lighting Project. Dedication of Additional Right of WELy - Various Locations. Acceptance of Quitclaim Deeds for W<<ter Rights - Various Locations. Set Public Hearing date of June 26, 1990 for the following: a. Recovery of Costs for Demolition of Structure at 18520 Collier. b. Adoption of Short -Term Habitat Conservation Plan for the Stephens' Kangaroo Rat; to concur with the County's certification of environmental impact report for the Section 10(a) permit to allow incidental_ take of the endangered Stephens' Kangaroo Rat in Riverside County; to adopt the implemen- tation agreement and to adopt the agreement regarding allocation of taxes. C. City of Lake Elsinore Budget for Fiscal Year 1990-91. 24. Set Public Hearing date of July 10, 1990 for the following: a. Consideration of the Granting of an addi- tional Cable Franchise to Jones Intercable of San Diego. Approve Letter. Adopt Res. No. 90-50. Adopt Res. Nos. 90-51 90-52 & 90-53. Accept Permit. Authorize Advertise. Approve Map. Approve Map. Approve Amendment. Accept Notice. Accept Notice. Accept Deeds. Accept Deeds. Approve Hearing Date. Approve Hearing Date. Approve Hearing Date. Approve Hearing Date. 31. 32. 33. 34. 51. 52. PAGE THREE - CITY COUNCIL AGENDA - JUNE 12, 1990 PUBLIC HEARINGS Specific Plan 90-1, Zone Change 90-5, E.I.R. 90-1 and Commercial Prosect 90-6 - McArthur/ Glen Group. T A request to approve the Lake Elsinore Outlet Center Specific Plan, a Zone Change from Commercial Manufacturing to Specific Plan, and Design Review of a 284,000 square foot commercial shopping center located immediately southwest of the Interstate 15, approximately 500 feet east of the Nichols Road interchange. Resolution No. 90-54 and Ordinance No. 896. Annexation No. 53 and Zone Chancre 90-4 - South Lake Estates Joint Venture. A request to pre -zone to R-1, to annex into the City of Lake Elsinore and de -annex from the Ortega Trails Recreation and Park District on a 29.5 acre parcel located on the east side of Stoneman and the south side of the current City limits. Resolution Nos. 90-55 and 90-56 and Ordinance No. 895. Conditional Use Permit 90-4 - Lake Elsinore Christian Fellowship (Morris & Morris). An appeal of Planning Commission denial of a request for a Conditional Use Permit to allow a church in an existing light industrial zoned building. Brighton Homes Development Agreement. BUSINESS/DISCUSSION ITEMS Community Facilities District 88-3. Resolution No. 90-57. BUSINESS ITEMS Second Reading - Ordinance No. 892. Relating to the Development Agreement with L.D. Johnson Company for the Ramsgate Development. CITY MANAGER COMMENTS CITY COUNCIL COMMENTS CLOSED SESSION ADJOURNMENT Certify EIR; Adopt Res. No. 90-54; Approve Spec. Plan 90-1 & Zone Change 90-5; Adopt Ord. No. 896 & Approve CP 90-6 Subj. to Fndgs. & Conditions. Adopt Neg. Dec. 90-12; Approve Annex. 53; Adopt Res. No. 90-55; Approve Zone Change 90-4; Adopt Ord. No. 895 & Res. No. 90-56. Concur with Planning Commission & Deny Appeal. Continue to June 26. Adopt Res. No. 90-57. Adopt Ord. No. 892. WHEREAS, the City of Lake Elsinore, has a substantial number of licensed Amateur Radio operators who have demonstrated their value in public assistance by providing emergency radio communications; and WHEREAS, these Amateur Radio operators donate their services free of charge to the City, in the interest of the citizens of the City as well as the world; and WHEREAS, these Amateur Radio operators are on alert for any emergency, local or world-wide, and practice their communication skills during the American Radio Relay League, Inc., Field Day exercise; and WHEREAS, this year's Amateur Radio Field Day will take place on June 23-24, 1990. NOW, THEREFORE, the City Council of the City of Lake Elsinore on this 12th day of June, 1990, does hereby proclaim June 18,-24, as 'AMATEUR RADIO WEEK' in recognition of this important emergency preparedness exercise, and call upon all citizens to pay appropriate tribute to the Amateur Radio operators of our City. GARY M. WASHBURN, MAYOR AGENDA ITEM /NO � =-- PAGE � OF� MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 22, 1990 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Dominguez. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN 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 David Kromer, commented on the achievements of Damon Broadwent and his efforts in aiding him in weed abatement projects. He expressed concern with the Administrative fee the City imposes with regard to Weed Abatement. He suggested that the City consider using students on summer vacation to clear weeds. Damon Broadwent, 33215 Frederick, further commented on the possibility of utilizing students to clear the weeds. Alan Manee, representing the property owners in the vicinity of Macy Street, advised that he is representing approximately 180 property owners with regard to the proposed zone change in that area. He expressed concern that the developer is not taking the residents concerns seriously and requested that Council heed the residents comments that this is an unacceptable proposal. PRESENTATIONS/CEREMONIALS A. Certificates of Merit - Governor's Office of Emergency Services - Kevin Shear & Robin Chipman. Mayor Washburn commented on the Loma Prieta Earthquake last October and the efforts of City Staff to assist those affected communities. He presented the Governor's Office Certificates of Merit to Kevin Shear and Robin Chipman and commended them for their efforts. B. Proclamation - Older Californians Month - Robert Martinez, Golden Spectrum. Mayor Washburn read the Proclamation recognizing May as Older Californians Month and presented it to Robert Martinez, Director of the Golden Spectrum Senior Center. CONSENT CALENDAR The following items were pulled from the Consent Calendar for AGENDA ITEM NO. I a• 'N PAGE OF -1:4_ PAGE TWO - CITY COUNCIL MINUTES - MAY 22, 1990 further discussion and consideration: Item Nos. 2 and 10. Mayor Washburn advised that he would be abstaining from vote on item l.a. MOVED BY WINKLER, 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. April 24, 1990 - Regular City Council Meeting. (Note that vote on this item was 4 to 0 with Washburn abstaining) b. May 8, 1990 - Regular City Council Meeting. The following Minutes were received and ordered filed: c. May 2, 1990 - Planning Commission Meeting. 3. Received and ordered filed the Investment Report for April, 1990. 4. Ratified Warrant List for May 15, 1990. 5. Rejected and referred to Claims Administrator the Claim submitted by Rodney Zamora (CL #90-13). 6. Awarded Contract for the Senior Citizens Center Remodel - Project No. 221-4803 to D.W. Jensen Corporation in the amount of $140,658 and authorized transfer of $34,000 from Park Fees to account 221-4803 Senior Center Remodel. 7. Approved Payment of Balance on City Hall Mortgage in the amount of approximately $16,800. S. Approved Request to Purchase City Owned Property - Frank H. Ayres and Son Construction Company - Residential Project 89-8 and determined that this property is, excess property no longer needed by the public and authorized staff to proceed with negotiations. 9. Adopted Resolution No. 90-44 relating to the City's Eligibility Renewal Application for the Federal Surplus Property Program. RESOLUTION NO. 90-44 A RESOLUTION OF THE CITY OF LAKE ELSINORE TO SET AUTHORITY FOR CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY. 11. Accepted Dedication of Lot 237 of Tract 20705 and authorized City Clerk to arrange for recordation. 12. Approved Final Parcel Map 24465 located on the North side Collier Avenue and west of Chaney Street. 13. Adopted Resolution Nos. 90-46 and 90-47 relating to Tax Allocation Bonds. RESOLUTION NO. 9C-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ISSUANCE BY THE: REDEVELOPMENT AGENCY OF ITS NOT TO EXCEED $7,000,000 PRINCIPAL AMOUNT OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE RANCHO LAGUNA AGENDA ITEM NO. PAGE OF PAGE THREE - CITY COUNCIL MINUTES - MAY 22, 1990 REDEVELOPMENT PROJECT AREA NO. I 1990 TAX ALLOCATION REFUNDING BONDS AND ITS $7,000,000 PRINCIPAL AMOUNT OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. II 1990 SUBORDINATE TAX ALLOCATION BONDS. RESOLUTION NO. 90-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING AND AUTHORIZING AND DIRECTING EXECUTION OF COMMITMENT AGREEMENT RELATING TO SALE OF ASSESSMENT BONDS AND SPECIAL TAX BONDS, APPROVING SALE OF SUCH BONDS ON CERTAIN TERMS AND CONDITIONS, APPROVING OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTION. 14. Approved public hearing date of June 12, 1990 for the following: a. Specific Plan 90-1, Zone Change 90-5, Commercial Project 90-6 and Environmental Impact Report 90-1 - Lake Elsinore Outlet Center - McArthur/Glen Group. This Specific Plan proposes the development of a commercial shopping center on a 43.56 acre site. The plan will devote approximately 34 acres to the Outlet Center, 6 acres to Community Commercial and 3 acres to Open Space. The zoning is proposed to change from Commercial Manufacturing to Specific Plan. An accompanying Environmental Impact Report addresses the impacts of this development. The site is located immediately southwest of Interstate 15 approximately 500 feet east of the Nichols Road Interchange. b. Zone Change 90-4 and Annexation Number 53 - Wesco Homes, Inc. A request to consider a zone change from Riverside County R -R (Rural Residential) to City R-1 (Single -Family Residential District), and Annexation of a 29.44 acre parcel to the City of Lake Elsinore. The applicant will be proposing a 117 unit single-family development. The site is located on the east side of Stoneman and the south side of the City Limits. ITEMS PULLED FROM CONSENT CALENDAR 2. Animal Control Activity Report for April, 1990. Mayor Washburn requested clarification of funding request. Staff clarified that it would be addressed with the budget consideration. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR APRIL, 1990. 10. Traffic Control Resolution No. 90-45 relating to Stop Signs at Mission Trail/Corydon. Councilman Dominguez detailed this item for the public. Councilman Buck inquired whether a stop sign could be placed at Ortega Highway and Grand Avenue based on the similar situation. Public Services Director Kirchner advised that this intersection was more complicated in that it was a State Highway so the State, County and City would be involved. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS AGENDA ITEM N2. PAGES OF_�_ PAGE FOUR - CITY COUNCIL MINUTES - MAY 22, 1990 VOTE TO ADOPT RESOLUTION NO. 90-45. RESOLUTION NO. 90-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE LOCATIONOF CERTAIN STOP INTERSECTIONS. PUBLIC HEARINGS Mayor Washburn requested that item #36 be heard prior to the other public hearings. Council concurred. 36. Annexation 447 = Meeker Development and Whitina Ranch. A request to annex approximately 129.41 acres of unincorporated county land into the City of Lake Elsinore located northeasterly of Lincoln Street and east of Grand Avenue. Resolution No. 90-49. Community Development Director Gunderman detailed this proposed annexation area which encompasses the Ortega Partners and Marinita Tracts recently approved by the Council. He advised that this initiates the applicants process to apply to LAFCO for approval. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:24 p.m. asking those in favor of this annexation to speak. The following person spoke: Jeff Kenyon, Senior Project Manager, 31 Technology Drive, Irvine, requested approval as a continuation of prior project approvals, and offered to answer questions from Council. Mayor Washburn asked those in opposition to speak. Hearing no one, the public hearing was closed at 7:25 p.m. Councilman Buck commented that he felt the concerns in that area had been addressed. MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 90-49 APPROVING COMMENCEMENT OF ANNEXATION NO. 47, BASED ON THE FOLLOWING FINDINGS: RESOLUTION NO. 90-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 47 - MEEKER DEVELOPMENT". 31. Brighton/Alberhill Ranch Development, Agreement. Ordinance No. 890. Community Development Director Gunderman detailed this agreement which covers only a portion of the total proposed development. He also detailed the deal points of the proposal including a champion golf course and an affordable housing clause. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:31 p.m. asking those in favor of this agreement to speak. The following AGENDA ITEM NO. L, PAGE OF PAGE FIVE - CITY COUNCIL MINUTES - MAY 22, 1990 person spoke: Ken Meddock, Director of Land Development, Brighton Homes, 505 N. Tustin, Suite 250, Santa Ana, explained that this agreement is for a portion of the approved specific plan and detailed the extension of existing infrastructure necessary. He also commented on the negotiation points and requested that the clause relating to affordable housing be equitable with the requirements placed by other recent development agreements. He offered to answer questions from Council. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 7:39 p.m. Councilman Starkey supported the need for a golf course in this Community. Councilman Buck recommended that the water storage facilities discussed on Page 10, Item D, be placed under ground for aesthetic purposes. Mayor Washburn inquired whether the applicant had received the new verbiage relating to affordable housing. Mr. Meddock advised that they had, but again commented that it should be comparable to the verbiage in other development agreements. Discussion ensued with regard to the equity of the affordable housing clause and the impact of commercial development in offsetting the costs. Councilman Buck requested clarification on the floor area ratios in the specific plan, particularly with regard to office space and commercial areas. Mr. Meddock clarified that some two story buildings would be utilized to meet those ratios. Staff clarified that the project would still need to meet the zoning code and general plan standards. Councilman Dominguez further questioned the water storage facilities. Mr. Meddock commented that they were being required to include an 8 million gallon water tank and they are reviewing alternatives with berming and landscaping to camoflauge it as much as possible, but it would still be partially visible from the freeway. Further discussion took place relating to berming and aesthetic considerations for the water tank. Mayor Washburn questioned the some what conditional verbiage with regard to the golf course. Mr. Meddock explained that this was included to allow for flexibility once the studies are completed. Council requested further clarification of this reasoning. Mr. Meddock explained that they are reviewing riparian area requirements, financing ability and the future market for the final product. Council questioned the phasing plan and at what point the golf course would be installed. He explained that the construction activities would not begin for at least 12 to 18 months due to extensive grading required. Councilman Buck suggested that the development agreement be done at the time pending studies are complete. Mayor Washburn stressed the importance of the golf course to the consideration, and his discomfort with the existing agreement. Councilman Winkler inquired in the case the golf course is not built what justification is there for the City to approve this agreement. Councilman Starkey inquired further into the study outcomes and what they might be and how they would impact the project. Mr. Meddock explained that due to the topography, riparian AGENDA ITEM NO. --'-'C- - PAGE L OF-L�- PAGE SIX - CITY COUNCIL MINUTES - MAY 22, 1990 areas and financial constraints the golf course might not be feasible. Mayor Washburn suggested that this agreement be postponed to the next meeting to allow Councilman Buck and himself to work as a committee to finalize negotiations. MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO THE JUNE 12TH CITY COUNCIL MEETING TO ALLOW THE ABOVE MENTIONED COMMITTEE TO FINALIZE NEGOTIATIONS. 32. Ramsgate Specific Plan Development Actreement. Ordinance No. 892. Community Development Director Gunderman detailed the bargaining points of this agreement including the funding for a Civic Center study, $1,000 per unit development fee, development of a community park, and point of sale for supplies in the City. Hardy Strozier, planning consultant, elaborated on the affordable housing verbiage suggested and the need to implement this type of clause to meet current and upcoming affordable housing requirements. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 8:39 p.m. asking those in favor of this agreement to speak. The following person spoke: Bill Frey, 108 N. Riverview Drive, Anaheim, representing L.D. Johnson, concurred with the comments of Mr. Strozier, but expressed concern that the City does not have an adopted Housing Element. He requested Council consideration of reworking the affordable housing condition. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at: 8:42 p.m. Councilman Dominguez questioned the acreage of the proposed neighborhood park. Mr. Strozier advised that the final amount had not been determined, but it should be approximately 5 acres. Councilman Buck advised that discussions had been proceeding for the last year and all requests have been met. Mayor Washburn questioned the request of the applicant with regard to the affordable housing condition. City Attorney Harper concurred with Mr. Strozier in that upcoming needs for housing need to be addressed on an ongoing basis. Mr. Strozier further detailed the impact: of future requirements on the current development trend. Mayor Washburn complimented the applicant and staff on their efforts to negotiate the final agreement. MOVED BY BUCK, SECONDED BY STARKEY TO APPROVE THE DEVELOPMENT AGREEMENT AND ADOPT ORDINANCE NO. 892: ORDINANCE NO. 892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH RIALTO DEVELOPMENT CORPORATION, WHICH DOES BUSINESS AS L.D. JOHNSON COMPANIES. AGENDA ITEM NO. PAGE OF_L4 PAGE SEVEN - CITY COUNCIL MINUTES - MAY 22, 1990 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 33. General Plan Amendment 90-1 & Zone Change 90-2 = Pentagon Development. Continued from May 8, 1990. Community Development Director Gunderman advised that the developer has requested a continuance of this item to June 26, 1990 for resolution of issues with the neighborhood group. MOVED BY STARKEY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS MATTER TO JUNE 26, 1990. 34. Ordinance No. 894. Urgency Interim Ordinance Adopting a Moratorium in the East Floodplain Area and City Lake Perimeter. Community Development Director Gunderman explained the history of this moratorium which was established to allow time to develop appropriate land uses and circulation plans. He advised that the current proposal is for a 60 day extension to July 24, 1990 at which time staff would return with a master plan for adoption. He also requested that Council authorize the formation of a committee of 2 Planning Commissioners, 2 Councilmembers, John Ballew and Planning Department Staff to complete this preparatory work. Mayor Washburn opened the public hearing at 8:50 p.m. asking those in favor of this Ordinance to speak. No one spoke. Mayor Washburn asked those in opposition to speak. The following person spoke: Emerson Brigham, property owner, requested clarification of the boundaries of the proposed moratorium area. Staff advised that they were the same as previously set. Mr. Bingham detailed the history of this moratorium and expressed concern that points of the law were not being properly fulfilled, such as reports relating to extension of time, number of extensions, etc. He questioned the need to keep existing commercial property in this moratorium area, and what this moratorium would do that the other have not. Mayor Washburn closed the public hearing at 9:56 p.m. City Attorney Harper commented with regard to the legal requirements for moratoriums and explained the City's previous actions. Councilman Buck inquired whether staff feels the work can be accomplished in the 60 days allotted. Community Development Director Gunderman confirmed that he feels this work can be done and work will proceed. Councilman Starkey advised that he feels this process has taken too long already, but he will agree with 60 more days. He further advised that after that time the property needs to be released. AGENDA ITEM NO, —LL- . PAGE OF -a PAGE EIGHT - CITY COUNCIL MINUTES - MAY 22, 1990 Councilman Dominguez commented that he does not like moratoriums, but feels progress is being made and the City needs to finish the work in progress.. Mayor Washburn requested that the the second 30 days of this period staff set up meeting with the: land owners to keep them advised of the progress to that point. City Manager Molendyk suggested that: Councilmembers Buck and Starkey be appointed to the previously mentioned Committee. MOVED BY DOMINGUEZ, SECONDED BY WASHBURN TO CONTINUE THE MORATORIUM FOR 60 DAYS SUBJECT TO A 30 DAY REVIEW AND ADOPT ORDINANCE NO. 894. ORDINANCE NO. 894 ADOPTING A MORATORIUM ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN THE EAST FLOODPLAIN AREA AND CITY LAKE PERIMETER AREA TO INCLUDE IN THE MORATORIUM CERTAIN PROPERTIES AS FOLLOWS: 1) THE AREA NORTHERLY OF THE PROPOSED INLET CHANNEL DEFINED AS BEING BOUNDED ON THE WEST BY LAKEPOINT PARK, ON THE NORTH BY LAKESHORE DRIVE, ON THE EAST BY THE SAN JACINTO RIVER, AND THEN SOUTHEASTERLY TO THE: NORTHERLY BOUNDARY OF THE INLET CHANNEL NEAR THE SOUTHERLY TERMINUS OF RAILROAD CANYON ROAD, 2) THE AREA LOCATED SOUTHERLY OF CEREAL STREET AND BOUNDED BY CORYDON ROAD ON THE SOUTHEAST AND THE CITY LIMITS ON THE SOUTHWEST AND 3) THE LAKE PERIMETER AREA BEGINNING AT THE CITY BOUNDARY AT BONNIE LEA DRIVE AND THE LAKE, CONTINUING SOUTHWESTERLY TO GRAND AVENUE, AND THEN INCLUDING ALL PROPERTIES LOCATED WITHIN THE LAKE SIDE BOUNDARIES OF GRAND AVENUE, RIVERSIDE DRIVE, AND LAKESHORE DRIVE, AND TERMINATING AT LAKEPOINT PARK. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMI:NGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 35. Joint Exercise of Power Agreement Creatina the Riverside Count v Habitat Conservation Agency. Community Development Director Gunderman detailed this request and explained the necessary actions including allocations of the program and authorization to proceed with appraisals. He advised the the M.O.U. should be returning for approval in approximately three weeks. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 9:03 p.m. asking those in favor of this item to speak.. No one spoke. Mayor Washburn asked those in opposition to speak. Hearing no one the public hearing was closed at 9:04 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROPOSED AGREEMENT AND ADOPT RESOLUTION NO. 90-48. RESOLUTION NO. 90-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA BECOMING A PARTY TO THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENDA ITEM NO. , L PAGE OF- PAGE NINE - CITY COUNCIL MINUTES - MAY 22, 1990 AGENCY. BUSINESS/DISCUSSION ITEMS 51. Request from Rancon. A request for Condition Reconsideration relating to freeway landscaping requirements. Community Development Director Gunderman reminded Council of its previous direction with regard to the condition in question, and explained that thus far a uniform program for freeway landscaping has not been adopted. He detailed the alternatives including requirements that the applicant comply with the conditions, that the applicant participate in a future program, or that the applicant participate in a future program and install a portion of the landscaping at this time. Mayor Washburn advised that he feels the condition as stated previously is an appropriate requirement, in that other City's are already doing it and suggested that staff work with the developer to work out any problems Caltrans may be contributing to the situation. Councilman Dominguez suggested that the third alternative of participation in a future program and landscaping is appropriate as an interim measure. City Attorney Harper commented that this type of program could be maintained as part of the existing lighting and landscaping assessment district with the establishment of an additional benefit assessment zone. Councilman Buck suggested either alternative 2 or 3 mentioned above. Councilman Dominguez questioned whether this would be consistent with requirements on other freeway projects. Council discussion ensued with regard to alternatives and the restrictions which may be imposed by Caltrans. MOVED BY WASHBURN, SECONDED BY WINKLER TO DENY THE REQUEST AND REQUIRE RANCON TO INSTALL THE LANDSCAPING AND PARTICIPATE IN THE FUTURE MAINTENANCE DISTRICT. City Attorney Harper suggested that this item be continued for two weeks to allow staff to develop an appropriate condition. Council questioned the cost factor for this type of landscaping. City Manager Molendyk advised that the best information we have is that it will cost $1 million for one four corner intersection. THE ABOVE MENTIONED MOTION WAS WITHDRAWN WITH PERMISSION OF THE SECOND. MOVED BY WASHBURN, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO JUNE 26, 1990. Mayor Washburn commented that he would like to see this project act as a catalyst to start work on the rest of the program. 52. Industrial Prosect 90-3 - CHS Partnership. Design review approval of a 14,425 square foot industrial AGENDA ITEMS NO. ' L PAGE OF- PAGE TEN - CITY COUNCIL MINUTES - MAY 22, 1990 building on a 1.01 acre parcel located approximately 300 feet south of the southwest corner of Minthorn and Birch. Community Development Director Gund.erman detailed this request, and the reasoning for postponement on the construction of the wall. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY A VOTE OF 4 TO 0 WITH WASHBURN ABSTAINING TO ADOPT NEGATIVE DECLARATION 90-11 AND APPROVE INDUSTRIAL PROJECT 90-3 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings: 1. The project is consistent with Goals, Policies and objectives of the current General Plan. 2. No significant 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 City of Lake Elsinore Municipal Code. Planning Division Conditions: 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 the Planning Commission prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. All Conditions of approval shall be fully implemented within the project design in all phases and/or adhered to strictly. 3. These Conditions of Approval shall be attached or reproduced upon Page One of building plans prior to their acceptance by the Division of Building and Safety. 4. 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. 5. Materials and colors depicted on the materials board shall be used unless modified'. by the Community Development director or his designee. 6. Buildings shall be constructed as depicted on plans or as modified by the Community Development Director or his designee. 7. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate: of Occupancy and release of utilities. 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 AGENDA ITEM ]j NO. ' ' �, PAGE _J1_ OF PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 22, 1990 shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 9. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. All building pads are to be one foot (11) above the 100 year flood plan. 10. Applicant is to meet all applicable City Codes and Ordinances. 11. Meet all State handicap requirements. 12. Meet all Riverside County Health Department requirements. 13. No outdoor storage shall be allowed for any tenant. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 15. No roof ladders shall be permitted. 16. Applicant shall use roofing materials with Class "A" fire rating. 17. 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 Marshal. A fire detector check assembly shall be required for any interior fire lanes and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. 18. 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. 19. All outdoor ground or wall mounted utility equipment shall be architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director. 20. All exterior downspouts shall be painted to match the building. 21. Any proposed metal mailboxes shall be treated to blend with the center's design theme. Mailbox Plan 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. 22. DELETED. 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 have permanent and automatic sprinkler system with 100% watering coverage. b) Applicant shall plant street trees, selected from AGENDA ITEM NO. I '' C, PAGE OF 1 1 PAGE TWELVE - CITY COUNCIL MINUTES - MAY 22, 1990 the City Street Tree List, a maximum of 30 -feet apart and at least twent=y-four inches (2411) box in size, as approved by the Community Development Director. c) All planting areas shall be separated from paved areas with a six-inch (611) high and six-inch (611) wide concrete curb. d) Planting within fifteen feet (151) of ingress/egress points shall be no higher than thirty-six inches (3611). e) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and receive additional enhanced screening. g) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. h) All trees to be planted shall be 50% 24 inch box and 50% 15 gallon specimens. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. k) Applicant shall adjust tree locations in front set back are to allow for the placement of a monument sign. 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. Plans for the proposed exterior light fixtures shall be included with building plans and shall be subject to the approval of the Community Development Director or his designee prior to the issuance of building permits. 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. Applicant shall annex project into the City's Landscape and Lighting District. 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 AGENDA ITEM NO. PA%E�1OF�i�- PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 22, 1990 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. 30. Parking stalls shall be double -striped with four -inch (411) lines two -feet (21) apart. 31. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a loading space as required by the City's Municipal Code. 32. A six-foot (61) high masonry wall shall be constructed along the north side property line and shall conform to Section 17.14.080 (Fences and Walls), subject to the approval of the Community Development Director. Said wall shall be constructed of the split -face masonry to match the masonry of building. In lieu of the construction of said wall applicant shall provide to the City a guarantee of funds sufficient to construct said wall in a manner approved by the City Attorney. 33. Trailers utilized during construction shall be approved by Planning Division. 34. On-site surface drainage shall not cross sidewalks. 35. Any additional required dedications for public right-of-way shall be provided for on site plan. 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 Department Conditions: 37. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 38. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 165, Chapter 16.34, Resolution No. 85-26). 39. 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 applying for a building permit. 40. If the existing street improvements are to be modified, existing street plans on file shall be modified AGENDA ITEM NO. ' C`. 1 PAGE 3 OF t PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 22, 1990 accordingly and approved by the City Engineer prior to issuance of building permit. an encroachment permit will be required to do the work. 41. 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). 42. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 43. 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. 44. Contribute $100.00 towards the: City's Master Entryway Sign Program. 45. Developer shall contribute $3,900.00 towards the design and construction of a traffic signal at Central and Collier. This development will increase traffic at the intersection at least 3% and should contribute 3% towards construction. 46. Meet all requirements of Chapter 15.68 of the Municipal Code regarding floodplain management. 47. Meet all requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulations. 48. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit. 49. Applicant shall comply with all Conditions of approval for Parcel Map 21297 that apply to this site. The conditions shall be complied with at building permit stage if not completed when the Parcel Map was recorded. County Fire Department Conditions: 50. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 51. Provide or show there exists a. water system capable of delivering 2500 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. 52. A combination of on-site and off-site super fire hydrants, on a looped system (6"X4"X2-1/2"X2-1/211), will be located not less than 25 feet or more than 165 -feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 53. Applicant/Developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a AGENDA ITEM NO. I A PAGE I Li OF�_ PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 22, 1990 registered engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department". 54. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. 55. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire spinklered must be included on the title page of the building plans. 56. Install a supervised water flow fire alarm system. Plans must be submitted to the Fire Department for approval prior to installation, as required by the Uniform Building Code. 57. In lieu of fire sprinkler requirements, building(s) must be area separated into square foot compartments, approved by the Fire Department, as per Section 505 (e) of the Uniform Building Code. 58. A statement that the building will be automatically fire sprinklered must appear on the title page of the building plans. 59. Occupancy separation will be required as per the Uniform Building Code, Section 503. 60. Certain designated areas will be required to be maintained as fire lanes. 61. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact a certified extinguisher company for proper placement of equipment. 62. Prior to issuance of building permits, the applicant/developer shall be responsible to submit a check or money order in the amount of 1$413.00 to the Riverside County Fire Department for plan check fees. 63. Final conditions will be addressed when building plans are reviewed in Building and Safety. 53. County -wide Park Assessment District. Community Services Director Watenpaugh advised that this is a measure County Parks Department has been working on for some time, and that it would offer a number of possible benefits to the City. Possible uses might be assistance in the Stephen's Kangaroo Rat Habitat areas and a regional park in the floodplain. City Manager Molendyk further clarified that this would be an approval in concept and a future study session would be scheduled to review the proposal. Councilman Dominguez requested clarification that this was only support of the proposal. City Manager Molendyk advised that this was the question of placing the ballot measure on the 1990 ballot or the 1992 ballot. AGENDA ITEMNO. PA,:^.715 CIF PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 22, 1990 Councilman Winkler commented that postponement of this item until the 1992 election would be too long, because land costs will be increased. He also commented on the request before LAFCO to allow the Ortega Trails Recreation and Park District to encompass Wildomar and the potential. for City residents to be assessed twice via the Park District. and via this proposed County -wide District. He suggested that the City give conditional support for the 1990 ballot, but withdraw for further review if LAFCO approves the Park District annexation as proposed. MOVED BY WINKLER, SECONDED BY WASHBURN TO SUPPORT THE PROPOSED BALLOT MEASURE FOR THE 1990 BALLOT CONDITIONED AS MENTIONED ABOVE WITH REGARD TO THE LAFCO HEARING ON THURSDAY. 54. Designation of Southern California Joint Powers Authority Director and Alternate. After discussion, Council concurred to reappoint Councilman Winkler as the Director and Mayor Washburn as the Alternate. BUSINESS ITEMS 55. Second Readina - Ordinance No. 891. Relating to the Pardee-Grossman/Cottonwood Canyon Development Agreement. MOVED BY WINKLER, SECONDED BY STARKEY TO ADOPT ORDINANCE NO. 891: ORDINANCE NO. 891 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH ALBERHILL RANCH ASSOCIATES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 56. Second Reading - Ordinance No. 893. Relating to Zone Change for Partin Development. MOVED BY BUCK, SECONDED BY WINKLER TO ADOPT ORDINANCE NO. 893: ORDINANCE NO. 893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT .AGREEMENT WITH RIALTO DEVELOPMENT CORPORATION, WHICH DOES BUSINESS AS L.D. JOHNSON COMPANIES. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMI:NGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE AGENDA ITEM} INO. ' ' q PAGE OF -7 PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 22, 1990 CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Councilman Dominguez commented on a seminar Council attended in Lake Arrowhead and his contacts with other City officials. He complimented staff and Council for the way this City is addressing problems and mitigating concerns that other cities have not dealt with. Councilman Starkey reminded the public of the upcoming Frontier Days Rodeo Events during the Memorial Day Weekend. Councilman Winkler commented on an article in the Press -Enterprise with regard to the lack of local distribution centers for food stamps. He requested that staff continue to pursue options to solve this problem. Councilman Buck reminded residents of the upcoming Chili Cookoff at City Park on June 9, 1990; which is sponsored by Golden Spectrum, AARP and NARFE. Mayor Washburn requested that in cases where Council has reached consensus on an item, staff work with department heads to develop a policy for reconsideration requiring 4/5ths vote to reconsider. Mayor Washburn also commented that the work on the downtown area is underway beginning with Gediman Park. CLOSED SESSION None. MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:59 P.M. ATTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE AGENDA ITEM NU. PAGE OF- MINUTES OF LAKE ELSINORE PLANNING COMMISSION HELD ON THE 16TH DAY OF THE MEETING WAS CALLED TO ORDER AT 7:02 P.M. MAY 1990 PLEDGE OF ALLEGIANCE was led by Commissioner Saathoff. ROLL CALL: PRESENT: Commissioners: Gilenson, Brinley, Saathoff, Wilsey, and Brown ABSENT: Commissioners: None Also present were Community Development Director Gunderman, Associate Planner Naaseh, Assistant Planner Fairbanks and DeGange, and Senior Civil Engineer O'Donnell. MINUTE ACTION Motion by Commissioner Brinley to approve minutes of May 2, 1990, as submitted, second by Commissioner Gilenson. Approved: 5-0 PUBLIC COMMENTS There being no requests to speak, Chairman Brown closed the PUBLIC COMMENTS section. PUBLIC HEARINGS 1. Annexation No. 47 - Meeker Development (Formerly California Communities) - Community Development Director Gunderman presented a request to annex unincorporated county land into the City for future residential development. Approximately 129.41 acres of land generally located northwesterly of Lincoln Street, east of Grand Avenue. Chairman Brown opened the public hearing at 7:04 p.m. asking if anyone wished to speak in favor. Mr. Jeff Kenyon, Sr. Project Manager, California Communities/Meeker Development, stated that this is a straight forward proposal and would like to reserve the right to address any questions that may arise. 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 7:05 p.m. There being no discussion at the table, Chairman Brown called for a motion. Motion by Commissioner Saathoff to recommend to City Council approval of Annexation No. 47 based on the Findings in the Staff Report, second by Commissioner Brinley. Approved: 4-0 Commissioner Wilsey abstaining. 2. Zone Change 90-3 and Conditional Use Permit 90-1 - Atlantic Richfield (AM/PM Mini -Mart) - Chairman Brown stated that staff has requested that this item be continued to June 20, 1990. AGENDA ITEM N0. PAGE__j_OF� Minutes of Planning Commission May 16, 1990 Page 2 ZONE CHANGE 90-3 AND CONDITIONAL USE PERMI'90-1 CONTINUED 10. Commercial Project 90-4 - Atlantic Richfield (AM/PM Mini - Mart) Motion by Commissioner Brinley to continue Zone Change 90-3 and Conditional Use Permit 90-1 to the meeting of June 20, 1990, second by Commissioner Saathoff with discussion. Commissioner Saathoff stated that we have had several cases were we had a public hearing that has been advertised and then at the last moment the applicant or staff has requested denial. I'm wondering if we shouldn't open the public hearing because it was advertised and there maybe people here to speak on the matter. Commissioner Brinley rescinded her motion. Chairman Brown opened the public hearing at 7:07 p.m. asking if anyone 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 asked for the question. Motion by Chairman Brown to continue ;gone Change 90-3 and Conditional Use Permit 90-1 to the meeting of June 20, 1990, second by Commissioner Brinley. Motion by Chairman Brown to continue Commercial Project 90-4 to the meeting of June 20, 1990, second by Commissioner Brinley. Approved: 5-0 3. Conditional Use Permit 90-3 - Elsinore Investments - Assistant Planner Fairbanks presented a request for a Conditional Use Permit of the Shopper's Square Center for a shared parking facility to reduce the total number of required parking spaces. Chairman Brown opened the public hearing at 7:13 p.m. asking if anyone wished to speak in favor. The following persons spoke: Mr. Fred Crowe, Butterfield/Keith Companies, gave a brief over view of the project. Asked that Condition Nos. 3 and 4 be deferred to the time when the pad between Manny's and Sizzler is developed. Mr. Bob Stachelski, representing Barton/Aschman Associates, gave a brief over view of the Urban Land Institute's (ULI) Shared Parking procedures and the study his company did for Palmer Development on the existing parking demand. Mr. Stachelski also asked that Condition Nos. 3 and 4 be incorporated into Condition No. 1 being that at this time there's no justification for the extra parking. Mr. Howard Palmer, 518 Dwyer Drive, gave a brief overview of the project site and the different restaurant types. Asked that Condition Nos. 3 and 4 be incorporated into Condition No. 1. 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 7:27 p.m. AGENDA ITEM N0. { , PACE Z OF IZ Minutes of Planning Commission May 16, 1990 Page 3 CONDITIONAL USE PERMIT 90-3 CO Commissioner Wilsey commented on the number of parking spaces available; Condition No. 1 pertaining to any future development and any parking problems; sees no problem in building out the extra parking spaces at this time; commented on Condition Nos. 3 and 4 and would like Condition No. 7 added with the standard verbiage with regards to temporary irrigation and landscaping on vacant pads. Commissioner Brinley commented on the parking problems; parking behind the proposed Don Jose Restaurant; add additional lighting behind the proposed Don Jose; condition the vacant pad at this time for additional parking spaces; the need for more handicap parking; need to plan for the future parking needs; on -street parking being a problem and that Condition 3 and 4 not be removed. Commissioner Gilenson stated the lighting is inadequate behind the proposed Don Jose; recommended Condition No. 8 be for additional lighting behind the proposed Don Jose. Agrees that the vacant pad be used as parking at this time and opposed to future parking by the play yard. Commissioner Saathoff stated that parking is adequate at this time with the types of activities that are presently there. Commissioner Saathoff commented on the additional lighting; employee parking; the parking behind the proposed Don Jose is not conducive to user parking; add the three parking spaces at this time; the need for temporary irrigation and erosion control for the vacant pad. Chairman Brown commented on the gross parking analysis dealing with numbers; traffic flow; employee parking; shortage of parking because of its practical use not because of its total count; 61 short of projected needs; traffic study go back and be addressed not only as counts but as flows; occupancy rate; lack of use. Considerable discussion at the table ensued on parking needs of the center. Chairman Brown stated that he sees a real potential problem; that I see it already. I believe that the center will be 61 short and not 19 over. Commissioner Brinley stated she would like to see a redesign of the parking lot or the elimination of the vacant pad. Commissioner Saathoff stated that Condition No. 1 addresses Commissioner Brinleys concern. Chairman Brown stated that he would like to amend Condition No. 1 to add an additional parking study to include a use study for ingress and egress and actual use of parking spaces, possible changing the entire layout of the parking lot, elimination and addition of additional driveways, and discontinuance of the through driving in the entire center. Motion by Commissioner Brinley to continue Conditional Use Permit 90-3 for further study, second by Commissioner Gilenson. Vote: 2-3 Motion failed to pass. (Commissioner Brinley and Gilenson voting yes). Chairman Brown asked if there was any further discussion. AGENDA ITEM2NO. PAGE 3 OF Minutes of Planning Commission May 16, 1990 Page 4 CONDITIONAL USE PERMIT 90-3 Motion by Commissioner Saathoff to re -affirm Negative Declaration 85-2 and approve Conditional Use Permit 90-3 based on the following Findings and subject to the 5 Conditions of Approval listed in the Staff Report with the following amendments: Condition No. l.a. Applicant shall provide seven (7) additional parking spaces: four (4) to be located in the rear of the Shoppers Square Center behind Unit 8, and three (3) to be located southwest of children's play area #2 near the Sizzler Restaurant subject to the approval of the: Community Development Director or his designee. b. Additional landscape in the form of three (3) twenty-four (24) inch box trees, twenty-five (25) five (5) gallon shrubs, and flowering groundcover shall be planted within Area A as shown on Figure E subject to the approval of the Community Develop- ment Director and the City Landscape Architect. Condition No. 5 - The vacant pad located between Sizzler and Manny's shall have a temporary irrigation system and hydroseeded vegetation installed to meet the approval of the Community Development Director or his designee. Second by Commissioner Wilsey. Chairman Brown asked if there was anything to add to Condition Number 1. Commissioner Saathoff amended his motion to add a use study to Condition Number 1. Condition No. 1 - This Conditional Use Permit (CUP) shall apply to all existing structures as well as the approved Manny's Restaurant. The vacant pad between Sizzler and the Manny's Restaurant shall require a separate CUP for shared parking. Plans shall not be submitted, nor design review of this vacant pad occur until 120 days after the issuance of Certificate of Occupancy for both the proposed Manny's and Don Jose Restaurants. Future CUP for the development of the vacant pad between Sizzler and Manny's shall be subject to the submittal of a projected parking distribution and use study in addition to other submittal requirements. Commissioner Wilsey amended his second,. Approved: 3-2 (Commissioners Brinley and Gilenson voting no). At this time, 7:57 p.m., the Planning Commission recessed. At this time, 8:09 p.m., the Planning Commission reconvened. 4. Zone Change 90-4 and Annexation No. 5:3 - Wesco Homes, Inc. - Assistant Planner Naaseh presented a request to consider a Zone Change from Riverside County R -R (Rural Residential) to City R-1 (Single -Family Residential District), and Annexation AGENDA iTEM.NO. I �� PAGE__OF I Minutes of Planning Commission May 16, 1990 Page 5 ZONE CHANGE 90-4 AND ANNEXATION NO. 53 of a 29.44 acre parcel to the City of Lake Elsinore, located on the east side of Stoneman and the south side of the City Limits. The applicant will be proposing a 117 unit single-family development. This request also includes an application to de -annex from the Ortega Trails Parks and Recreation District. Chairman Brown opened the public hearing at 8:10 p.m. asking if anyone wished to speak in favor. Mr. John Elmajian, representing Wesco Homes, stated that they were in agreement with staff recommendation, and would answer any questions that may arise. 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 8:12 p.m. There being no discussion at the table, Chairman Brown asked for a motion. Motion by Commission Brinley to recommend to City Council adoption of Negative Declaration 90-12, approval of Zone Change 90-3, Annexation No. 53 and De -annexation from the Ortega Trails Parks and Recreation based on the Findings listed in the Staff Report, second by Commissioner Wilsey. Approved: 5-0 5. Specific Plan 90-1, Zone Change 90-5, Commercial Project 90-6 and Environmental Impact Report 90-1 - Lake Elsinore Pacific West Outlet Center - McArthur/Glen Group - Community Development Director Gunderman presented a proposal to develop a commercial shopping center on a 43.36 acre site. This site is located immediately southwest of Interstate 15, approximately 500 feet east of the Nichols Road interchange. The plan will devote approximately 34 acres to the Outlet Center, 6 acres to Community Commercial, and 3 acres to Open Space. The zoning is proposed to change from Commercial Manufacturing to Specific Plan. An accompanying Environmental Impact Report addresses the impacts of this development. Chairman Brown opened the public hearing at 8:14 p.m. asking if anyone wished to speak in favor. Mr. Kenny Smith, representing McArthur/Glen Group, stated they are in agreement with all the Conditions staff recommended with wording clarifications on Conditions No. 9 and 10 in the Specific Plan and Conditions No. 2, 24, 41 and 47 in the Commercial Project. He also stated its very important that we have a major presence in identification along the highway. This site is unique in that it is 22 feet below the grade of the freeway. We require a rather significant sign tower which will be 45 feet above freeway grade. Chairman Brown asked if anyone else wished to speak in favor. Mr. Mike Hillstrom, 29033 E1 Toro Road, Lake Elsinore, stated they are in favor of this project and that they live right behind the project. The Planning Divisions report fails to mention they live at the southeast corner of the project. Their concerns are with grading; the cut slope; fencing (they AGENDA ITEM NO. 1 , h . PAGE S OF Minutes of Planning Commission May 16, 1990 Page 6 SPECIFIC PLAN 90-1; ZONE CHANGE 90-5 COMMERCIAL PROJECT 90-6; AND ENVIRONMENTAL IMPACT REPORT 90-1 CONTINUED are at the east end of the parking lot); security and lighting glare (Condition No. 20). The other concern is with a driveway, 30 feet wide, out of the east end of the parking lot onto E1 Toro Road. The EIR does not address this road or its impacts. 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 8:26 p.m. Commissioner Brinley stated Faithful Performance Bond for 18.g. Would like the applicant Hillstrom at this time. she would like to see the 120% maintenance under Condition to address the concerns of Mr. Mr. Dan Bott, Michael Brandman Associates, Planning and Environmentalist Consultants, responded that E1 Toro Road is an emergency, secondary access road to the center, they anticipate no commuter traffic, and that some type of collapsible gate could be erected in case the Fire Department needed to access that road. It is not intended to be a primary access point into the center. Mr. Matt Webb, Albert A. Webb Associates, Civil Engineers, responded that the slope would be governed by the Uniform Building Code which will require a 2:1 slope. The slope will be landscaped for erosion control. Chairman Brown asked about fencing. Considerable discussion at the table ensued concerning fencing - developer will erect a fence at the top of the slope; lighting - as stated in Condition No. 20; and access to E1 Toro Road - will be for emergency purposes only. Commissioner Wilsey commented on the: view from the freeway concerning the trash receptacles. Mr. Smith responded saying they will have a full time manager and maintenance person on duty at all times to police these areas to insure compliance. Commissioner Wilsey commented on compaction and recycling; sufficient trash receptacles; the amount of trash that was to be generated; how land fills will be impacted; and investigation of conservation methods. Commissioner Wilsey stated he would like Condition No. 18. h. added pertaining to undeveloped pads being landscaped; Condition No. 24 pertaining to public right-of-way; add a sentence to Condition No. 13 pertaining to screening being approved by the Community Development Director. Commissioner Gilenson commented on the: Specific Plan Exhibit 5.1 - Conceptual Cut and Fill Plan stating there will be considerable cut in Phase I, where is the dirt going, what is it going to look like and how are you going to mound it? Discussion at the table ensued on stock: piling. AGENDA ITEM N0. PACE�' OF_� Minutes of Planning Commission May 16, 1990 Page 7 SPECIFIC PLAN 90-1; ZONE CHANGE 90-5 COMMERCIAL PROJECT 90-6; AND ENVIRONMENTAL IMPACT REPORT 90-1 CONTINUED Commissioner Gilenson stated he has a concern with the 75 foot sign and needs to be convinced why, when our code says 45 feet. Considerable discussion at the table ensued on the height of the sign tower, the distance from the Nichols off -ramp, location of the tower,relationship between the heights of the buildings, the architectural enhancements of the parapet walls, the relationship between the buildings and the sign and the sudden difference in height. Mr. Don Chapman, Architect, responded to the Commissioners questions on the sign tower. Chairman Brown asked for clarification on Condition No. 47; commented on Condition No. 19 that all undeveloped lots will be seeded, grown to maturity and have temporary irrigation. Commissioner Saathoff commented on the watering of the pads. We have a water shortage and the City should take a lead role in conservation methods. Discussion at the table ensued on conservation methods; dust control; weed control; mitigation monitoring program. Commissioner Saathoff asked the Commission if they had a problem with making a motion with the various changes but not approving the sign but instead requesting additional architectural enhancement on the tower elements and the freeway sign. Motion by Commissioner Saathoff to recommend to City Council certification of Environmental Impact Report 90-1, approval of Specific Plan 90-1, Zone Change 90-5 and Commercial Project 90-6 based on the Findings and subject to the Conditions of Approval listed in the Staff Report with the following amendments and adopt Resolution Numbers 90-10 and 90-11, entitled as follows: CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 90-1 Condition No. 9 - Prior to issuance of building permits for Phase II the Collier Road Realignment E.I.R. shall be completed and certified by the City. Condition No. 10 - All freestanding signs and signs on the exterior walls of the building shall require the approval of the Community Development Director or his designee to assure compliance with the sign specifications in the Specific Plan. Condition No. 12 - A wall of decorative block masonry shall be erected on the easterly boundary by the developer, in accordance with City requirements, and subject to the review and approval of the Community Development Director. Condition No. 13 - The freeway oriented sign shall be subject to additional Design Review with respect to its enhancement and possible reduction of the height. Enhancement of the towers and the adjoining building parapets shall also be evaluated. AGENDA ITEM N0. PAGE 0 Minutes of Planning Commission May 16, 1990 Page 8 SPECIFIC PLAN 90-1: ZONE CHANGE 90-5 COMMERCIAL PROJECT 90-6: AND ENVIRONMENTAL IMPACT REPORT 90-1 CONTINUED CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 90-6 Condition No. 2 - Site improvements shall be constructed for each Phase 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. Minor changes, to such things as the foot print of Phase II, may be approved by the Community Development Director. Condition No. 13 - 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. Screening shall be subject to review and approval by the Community Development Director. Condition No. 18 g. All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance:, and bond 100% for material and labor for one (1) year. h. All graded and/or disturbed areas in Phase II and III shall be landscaped to prevent erosion. These areas shall be irrigated until thea plant materials are established. i. Any soil stock piling shall have a maximum height of ten (10) feet, and shall be contoured so it can be landscaped as per Condition No. 18.h. Condition No. 24 - On-site surface drainage shall not cross sidewalks in public. right-of-way. Condition No. 41 - Submit Hydrology and Hydraulic Reports for review and approval by City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. Riverside County Flood Control will review and approve the Hydrology and Hydraulic Report for Arroyo Del Torro drain. Condition No. 47 - Prior to issuance of building permits for Phase II, a hydrological analysis of the planned grading and its effect on the 100 -year floodplain boundaries designated by FEMA shall be completed and approved by the City of Lake: Elsinore. FEMA shall review the analysis and advise the City of any Floodplain boundary changes. AGENDA 1.TEPA NO.)3)"_ PAGE±_OF_,LZz::::__ Minutes of Planning Commission May 16, 1990 Page 9 SPECIFIC PLAN 90-1: ZONE CHANGE 90-5 COMMERCIAL PROJECT 90-6: AND ENVIRONMENTAL IMPACT REPORT 90-1 CONTINUED Condition No. 53 - Subject to additional design review in reference to enhancement and perhaps reducing the height of the sign and enhancement on the towers and the adjoining parapets. DELETE. RESOLUTION 90-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. RESOLUTION 90-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOMMENDING ADOPTION OF THE ENVIRONMENTAL IMPACT REPORT, FINDINGS OF FACT AS TO THE ENVIRONMENTAL IMPACT, STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM FOR THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN. second by Commissioner Wilsey Commissioner Gilenson commented that Condition No. 53 was conditioned under the Commercial Project and it should be under the Specific Plan. Commissioner Saathoff amended his motion to change Condition No. 53 in the Commercial Project Conditions to Condition No.13 in the Specific Plan Conditions. Commissioner Wilsey amended his motion to include the changes. Chairman Brown asked for the question. Approved: 5-0 At this time, 9:37 p.m., the Planning Commission recessed. At this time, 9:40 p.m., the Planning Commission reconvened. BUSINESS ITEMS 6. Single -Family Residence - 501 Adobe Street - Arnold Mundy (Continued from May 2, 1990) - Chairman Brown stated that staff has requested that this item be continued, and called for a motion. Motion by Commissioner Brinley to continue indefinitely Single -Family Residence at 501 Adobe Street. Chairman Brown asked if there was any further discussion. Commissioner Saathoff asked if we continue this project would he have to resubmit plans and fees and if there was a time limit. Assistant Planner DeGange responded no, just the elevation plans and that he was not aware of any time limit other than the one year Minor Design Review time limit. Community Development Director Gunderman suggested that the Commission continue the specific project for a period of time. AGENDA ITEM NO. PAGE L OF I Minutes of Planning Commission May 16, 1990 Page 10 SINGLE-FAMILY RESIDENCE = 501 ADOBE STREET CONTINUED Chairman Brown requested a motion for a 120 days. Commissioner Brinley rescinded her motion. Motion by Commissioner Brinley to continue Single -Family Residence at 501 Adobe Street for 120 days from todays date. Community Development Director Gunderman asked what if he was ready to come back to you prior to that time? Commissioner Brinley rescinded her motion. Motion by Commissioner Brinley to continue Single -Family Residence at 501 Adobe Street for 120 days but is allowed to bring it back to Commission prior to that time. Second by Commissioner Gilenson. Approved: 5-0 7. Single -Family Residences - 29590 Nichols Road - Glen and Betty Burchfield - Assistant Planner DeGange presented a proposal to construct a 2,300 square foot, two-story, dwelling with a 480 square foot garage, on a 9,000 square foot lot, located approximately 178 feet north of the intersection of Dwan and Nichols Streets. Chairman Brown asked if there was anyone present representing the applicant and if there were any concerns. Mr. Glen Burchfield, the applicant, stated he was in agreement with staff recommendation and would answer any questions. Discussion was held on the architectural enhancement of the right elevation, the garage, to add a window. Commissioner Brinley asked the window be added as Condition No. 4.a. Commissioner Gilenson stated he would like the verbiage "reviewed and approved by the Community Development Director." Motion by Commissioner Saathoff to approve Single -Family Residences at 29590 Nichols Road based on the Findings and subject to the 32 Conditions of Approval listed in the Staff Report with the following amendment: Condition No. 4.a. - Architectural enhancements (windows) shall be provided on the right elevation (garage) subject to review and approval by the Community Development Director. Second by Commissioner Brinley. Approved: 5-0 8. Industrial Project 89-11 - Jess Rodriguez (Continued from March 7, 1990) - Chairman Brown stated that staff has requested that this item be continued to July 5, 1990, and called for a motion. Motion by Commissioner Brown to continue Industrial Project 89-11 to July 5, 1990, second by Commissioner Brinley. Approved: 5-0 AGENDA ITEM NO.��� PAGE�yOF 1� Minutes of Planning Commission May 16, 1990 Page 11 COMMERCIAL PROJECT 90-5 9. Commercial Project 90-5 - Santa Rosa Development (Continued from April 18, 1990) - Chairman Brown stated that staff has requested that this item be continued to June 20, 1990, and called for a motion. Motion by Commissioner Brinley to continue Commercial Project 90-5 to June 20, 1990, second by Commissioner Wilsey. Chairman Brown yielded the floor to Mr. Russell Burns. Mr. Russell Burns, 15032 Vista View, stated he is concerned with the trees on the project in question; the owner is not maintaining the property; the trees are dying. Asking the Commission to appeal to the property owner. Chairman Brown called for the question. Approved: 5-0 11. Sign Program for Industrial Project 89-7 - Steve's Sign (Central Business Park) - Associate Planner Naaseh presented a proposal for a sign program which allows for one monument sign to identify the whole center, five modular directional signs and thirty-seven on building tenant identification signs for an approved Industrial/Business Park (I 89-7) located on the south side of Collier Avenue at the terminus of Central Avenue. Associate Planner Naaseh requested the following modification to the Conditions of Approval: Condition No. 4 - There shall be only one on building tenant identification sign per tenant and shall be placed on the building consistent with Exhibit I. Condition No. 9 - The Monument sign shall include the address of the business in numerals and/or letters at least six inches (6") high. Addresses shall not be obscured by landscaping or other obstructions. DELETE. Chairman Brown asked if there was anyone present representing the applicant. Mr. Steve Harriman, Steve's Signs, representing Brookstone Development, stated he was in agreement with staff recommendation. Commissioner Saathoff asked for clarification on Condition No. 9; commented on the height of the lettering; recommended the height of the lettering be the same size; add it as Condition No. 9. Motion by Commissioner Saathoff to approve the Sign Program for Central Business Park (I 89-7) based on the Findings and subject to the 9 Conditions of Approval with the following amendments: Condition No. 4 - There shall be only one on building tenant identification sign per tenant and shall be placed on the building consistent with Exhibit I. Condition No. 9 - The Monument sign shall include the address of the business in numerals and/or letters at least six inches (6") high. Addresses shall not be obscured by landscaping or other obstructions. DELETE. AGENDA ITEM NO. PAGE_JL_OF L % Minutes of Planning Commission May 16, 1990 Page 12 SIGN PROGRAM FOR INDUSTRIAL PROJECT 89-7 CONTINUED Condition No. 9 - Lettering on identical. Second by Commissioner Brinley. directional signs to be Chairman Brown asked Senior Civil Engineer O'Donnell when are they going to get some resolution to the problem in front of the center. Senior Civil Engineer O'Donnell responded that they have a work order down in Public Services, the, are aware of the problem. Should be resolved in the next couple of weeks. Chairman Brown asked for the question. Approved: 5-0 DEVELOPMENT DIRECTOR'S COMMENTS Community Development Director Gunderman stated the County of Riverside Planning Staff is making a presentation to the City on the County Growth Element on Monday, May :22, 1990, at 3:00 p.m. at City Hall -- Conference Room A for a study session. PLANNING COMMISSIONER'S COMMENTS Commissioner Gilenson Commented on the 18 wheelers parking on Lakeshore between Machado and all the way up thru Terra Cotta Jr High. Their parking on the street is obstructing the view turning out of driveways. Commissioner Wilsey Commented on landscaping of the vacant pads. Commissioner Brinlev Nothing to report. Commissioner Saathoff Nothing to report. Chairman Brown Commented on the inoperable vehicles in the auto repair areas for great lengths of time. Did we approve the hot pink large sign on Mission Trail? There being no further business, the Lake Elsinore Planning Commission adjourned at 10:04 p.m. Motion by Commissioner Brinley, second by Commissioner Gilenson. Approved: 5-0 Respectfully submitted, Colleen Moorhouse Planning Commission Secretary Approved, Jeff Brown, Chairman AGENDA ITEM N0. I PAGE j OF ,9-9 REPORT TO THE CITY COUNCIL DATE: June 12 , 1990 SUBJECT: Building Activity Report, Month of May 1990 PREPARED BY Community Develop- t Director Dave Gund an DISCUSSION: APPROVED BY: 'r L' City Ma ger Ron Molendyk 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 ND. PAGE -_j _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 - May 1990 ADDITIONS/ALTERATIONS 45 - Residential ...................................... 136,700 5 - Commercial ...................................... 72,500 6 - Industrial ..................................... 75,000 3 - Mobile Home ........ .... .. ................. 3,000 23 - Swimming Pool/Signs/Blockwall/Misc. .............. 107,700 8 - GRADING .......................................... 7,800 ANNUAL COMPARISON CURRENT YEAR PRECEDING YEAR No. NEW Valuation No. Permits Valuation Month of: May 8 ... - Single Family Residence• .................... $ 1,013,000 0 - Duplexes - Bldgs - 0 Units -0 .................... $15,405,118 0 0 - Multiple Family - Bldgs - 0 Units - 0 .......... $47,102,012 0 0 - Commercial ....................................... 27 0 0 - Industrial.. ............................ 46 • 0 2 - Mobile Home Installations ........................$ 11 25,000 50,000 ADDITIONS/ALTERATIONS 45 - Residential ...................................... 136,700 5 - Commercial ...................................... 72,500 6 - Industrial ..................................... 75,000 3 - Mobile Home ........ .... .. ................. 3,000 23 - Swimming Pool/Signs/Blockwall/Misc. .............. 107,700 8 - GRADING .......................................... 7,800 ANNUAL COMPARISON Description CURRENT YEAR PRECEDING YEAR No. Permits Valuation No. Permits Valuation Month of: May 92 $ 1,465,700 97 $ 1,322,084 Calendar Year: 420 $15,435,144 455 $15,405,118 Last 12 Months: 1054 $53,233,126 1125 $47,102,012 Plumbing Permits: 31 61,000 27 Electrical Permits: 40 32900 Riverside #1 46 $ Mechanical Permits: 15 Buchannon 11 25,000 Description Owner Valuation NEW SINGLE FAMILY 36, 38, 40, 43 Rivera Corte(models) Woodcrest $ 646,000 312 Scrivener Chris Meece $ 104,000 217 Townsend D & N Bldging Service $ 120,000 16777 Holborow Roger Ritzdorf $ 82,000 18130 Strickland Curt/Peggy Andrew 61,000 NEW MOBILE 32900 Riverside #1 Peyton Enterprises $ 25,000 31750 Machado Space #49 Buchannon $ 25,000 AGENDA ITEM N0. PAGE / OF _ REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: CODE ENFORCEMENT ACTIVITY REPORT, MONTH OF MAY, 1990 PREPARED BY:PROVED: Fi Dave Gu erman Ron Molend4,k Communi Development City Manager Director DISCUSSION Attached is the Code Enforcement Activity Report for the month of May, which also includes information on the previous month and year-to-date. Receive and file CITY OF LAKE ELSINORE DIVISION OF CODE ENFORCEMENT ACTIVITY REPORT - MAY, 1990 CURRENT PREVIOUS YEAR -TO MONTH MONTH DATE COMPLAINTS: Resident Complaints Staff Initiated Complaints Total Complaints Received Total Violations Corrected REFERRALS TO OTHER AGENCIES/DIVISIONS Animal Control Building & Safety Business Licensing Health Department Public Works Sheriff's Department Water Department COURT CASES: Court Hearings (Disputed Citations) Violations Corrected NUSIANCE ABATEMENT: Cases Set for Nuisance Abatement Hearing Total Abatement Completed TOTAL CASES CLOSED: _42_ _37_ _115_ _05_ _27_ _287_ _47_ _64_ _402_ _39_ _56_ _396_ 0 0 4 _26_ _06_ _72— _04— _09_ _31 0 0 —0— _19— _08_ _79— _17— _17_ _100_ 0_ 0_ —0- 0— 0_ —1- 0— 0 —0— _05— _03_ _19— _03— _01_ _04— _116 97_ _692_ REPORT TO THE CITY COUNCIL DATE: June 12, 1990 SUBJECT: Structure Abatement Activity Report - May 1990 PREPARED BYr,�,yj!S�AlPROVED BY:(- iU iL Community Devel,6fiment Director City Manag r Dave Gurverman Ron Molendyk DISCUSSION• Attached is the Structure Abatement Activity Report which contains information on monthly activity and the number of properties involved in the abatement program and their status. RECOMMENDATION• Receive and file. I 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 - MAY 1990 New structures in abatement ................. Properties currently being demolished........ Total structures being rehabilitated ........ Structures at Intent Notice ................. Structures at First Notice .................. Structures at Second Notice ................. (For addresses of properties see attached sheet) Current Previous Month Month 5 5 2 0 5 7 4 5 10 9 6 4 STATUS OF STRUCTURE ABATEMENT PROGRAM TO -DATE Total structures that have been demolished by owner......... 52 Total structures that have been rehabilitated ............... 30 Structures demolished by the City ........................... 8 Total structures in the abatement program ................... 122 ACTIVITY REPORT ON STRUCTURE ABATEMENT - MAY 1990 NEW STRUCTURES IN ABATEMENT 31067 Kansas - SFR hazardous illegal structures 105 Lakeshore Drive - SFR abandon 1000 Lakeshore Drive - SFR hazardous 824 1/2 Lakeshore Drive - SFR hazardous 16395 Stevens - SFR Evicted PROPERTIES BEING DEMOLISHED 1250 Cole Street - SFR vacant 16431 Stevens Avenue - SFR hazardous due to fire STRUCTURES BEING REHABILITATED 16420 Bailey Avenue - Substandard garage 160.29 Del Norte - Abandon Structures 16495 Stevens - SFR hazardous illegal structures 18135 West Lakeshore Drive - SFR STRUCTURE AT INTENT NOTICE 16420 Bailey Street - Substandard garage Camino Del Norte X Main Street - Abandon Structures 79 Elm Street - SFR hazardous 1403 Lakeshore Drive - SFR hazardous due to fire STRUCTURES AT FIRST NOTICE 17501 Collier Avenue - SFR Dilapidated 506 Minthorn - Commercial 29492 Nichols - SFR 405 Flint - SFR Substandard 1119 Cleveland - SFR Evicted 17584 Lawrence Way - Vacant and Unsecured 1116 Cleveland - SFR Evicted 233 Southshore Drive - SFR Evicted 31071 Wisconsin Street - SFR Evicted 29351 Riverside Drive - SFR Evicted STRUCTURES AT SECOND NOTICE 303 West Pottery - Multi -Family Substandard 16550 Arnold Avenue - SFR Hazardous 30490 Wilson Way - SFR Poorly Maintained 214 North Kellogg - Illegal Unit 18010 Heald Avenue - SFR Hazardous 32395 Corydon Street - SFR Evicted CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS MAY 31, 1990 LOCAL AGENCY INVEST FUND INTEREST DATE MATURITY RATE PURCHASED DATE 8.531% DAILY 24-HOUR TIME CERTIFICATE OF DEPOSIT FIRST NETWORK S & L 10.625% 04-27-89 GOVERNMENT BACKED SECURITIES - NEGOTIABLE FEDERAL HOME MORTG. CO. 8.000% 02-09-87 GOV. NATIONAL MORTG. ASS. 8.000% 05-17-88 06-07-90 06-01-16 11-20-00 AMOUNT $4,100,000 ------------------------------------------------------ ------------------------------------------------------ CITY INVESTMENT TOTAL 4,510,187 ESTIMATED EXPENDITURES - JUNE, 1990 **Will meet anticipated expenditures e•11I 211,839 99.348 311,187 AVERAGE ANNUAL RATE....... 8.789% $1,000,000 AEENDA ITEM N0. PASS E_. C =... LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-112 PAGE NO DATE 05/31/90 HER PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN J DESCRIPTION ACCOUNT CHG'D INV, NO. AMOUNT NO. AMOUNT A - Z BUS SALES 19401 407.13 * ABILITY SIGNS 19402 242.96 * ACE LOCK & KEY 19403 298.81 * ALLANS POWER & EQUIPMENT RE 19404 2125.08 * ARBOR PRO TREE SERVICE 19405 1300.00 * ASSOCIATED EQUIPMENT CO. 19406 1500.00 * BALLEW S ASSOCIATES, INC. 19407 1368.53 * BARTON-ASCHMAN ASSOCIATES, I 19408 5260.03 * CYNTHIA BLOOD -WILSON 19409 289.60 * PAM BRINLEY 19410 150.00 * BROTHERS TOWING 19411 300.00 * JEFF BROWN 19412 150.00 * WILLIAM S. BUCK 19413 300.00 * BUTTERFIELD ENGINEERING 19414 2119.00 # C.M.S. BUSINESS FORMS 19415 1747.67 CALIF. BOARD OF EQUALIZATIO 19386) 131.31 CALIF. DEPT. OF TRANSPORTATI 19416 1031.50 CALIF. EMPLOYMENT DEVELOPMEN 19393 2754.17 STATE COMPENSATION INSURANCE 19417 2973.38 * STATE COMPENSATION INSURANCE 19418 4241.47 * CAPELLO JANI70RIAL SUFPLY,IN 19419 646.00 CAPITOL LEASING CO. 194201 I 154.821* AGENDA ITE t4O.�(, PAGE J_ i LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-112 PAGE NO. 2 DATE 05/31/90 :HER PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV NO, AMOUNT NO, AMOUNT TERESA CHERVENY 194P1 150.00 CORONA CLAY CO. 19422 576.45 DANIEL'S TIRE SERVICE 9423 2308.09 ; RED DOMINGUEZ 9424 300.00 = E.V.M.W.D. 1942S 2081.28 % E.V.M.W.D. 19426 4481.22 EASTMAN KODAK COMPANY 19427 445.00 > EKCC 19395 2088.50 > EBERHARD EQUIPMENT 194e8 1606.50 x ELSINORE ELECTRICAL SUPPLY,I 19429 844.93 ELSINORE OFFICE PRODUCTS 19430 226.87 s ELSINORE READY MIX CO., INC. 19431 149.66 a ELSINORE VALLEY RENTALS 1943e 55.00 » FEDERAL EXPRESS CORP. 19433 15.50 » FIRST TRUST BANK 19391 221609.10 » ONTANA PAVING, INC. 19434 310.71 » FONTANA PAVING, INC. 19396 530.06 » ORD MOTOR CREDIT CO. 19435 1695.92 » FRED'S ELECTRIC 19436 187.50 » FURNESS, MIDDLEBROOK E KAISE 19437 589.36 G.T.E.L. 19438 1716.61 » GEARHARTS SERVICE STATION 19439 204.00 AGENDA ITEM NO. PAGE LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-112 PAGE NO. 3 DATE 05/31/90 p HER PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT GENERAL TELEPHONE CO. 19440 2557.08 * TONY GILENSON 19441 150.00 * GOLDEN OFFICE TRAILERS, INC. 19442 240.19 * GREINER, INC. 19443 2841.75 * DAVID A. GUNDERMAN 19444 200.00 * HANSON ASSOCIATES 19445 3401.13 * ICMA RETIREMENT TRUST 19392 1379.42 * INSTITUTE-TRANSPORT.ENGINEE 19446 59.40 * INTERNATIONAL TOOL'S 19447 21.35 * J & R LANDSCAPE MAINTENANCE 19448 3622.051* STEVE KARVELOT 19449 544.00 * VICKI LYNN KASAD 19450 2200.00 * KLEEN LINE CORPORATION 19451 633.10 * KNOX INDUSTRIAL SUPPLIES 19452 173.89 * KOBATA ASSOCIATES, INC. 19453 4040.81 * KOCH MATERIALS COMPANY 19454 208.17 * LAKE ELSINORE ANIMAL FRIENDS 19455 5181.66 * CITY OF LAKE ELSINORE 19390 522230.73 * LAKE ELSINORE FLORIST 3 GIFT 19456 72.59 * LAKE ELSINORE TRAVEL SERVICE 19457 322.00 * LAKESIDE CHEVROLET, INC. 19452 471.28 * MC LEAN & SCHULTZ 19459 522797.04 i i i I AGENDA ITEt I NO. _.„� I q PAGE _f. , LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-112 PAGE NO. DATE 05/31/90 ;HER PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV NO, AMOUNT NO. AMOUNT MAYHALL PRINT SHOP 19460 507.60 RON MOLENDYK 19461 405.60 MOTOROLA, INC. 19462 1047.00 N.B.S./ LOWRY 19463 31988.58 NATIONAL SAFETY COUNCIL 19464 122.38 > RAY O'DONNELL 19465 150.00 > COUNTY OF ORANGE 19466 115.00 - P. E. R. C. 19467 230.00 P.F. PETTIBONE & CO. 19468 119.45 PACIFIC IRRIGATION SUPPLY, I 19469 210.35 , PACTEL CELLULAR — LA t 19470 274.44 PACTEL CELLULAR — LA ( 19471 286.76 PACTEL CELLULAR — LA (D 19472 26.03 a THE PLANNING ASSOCIATES 19473 5475.12 THE PRESS ENTERPRISE 19474 131.56 PRICE SECURITY SYSTEMS 1947S 1656.25 PRUDENTIAL OVERALL SUPPLY 19476 367.21 x SOMAS E ASSOCIATES 19477 4800.00 INDA PTOLEMY 19478 47.00 PUBLIC EMPLOYEES RETIRE. SYS 19479 15534.99 PUBLIC EMPLOYEES RETIRE. SYS 19480 2493.79 PUBLIC WORKS, INC. 19481 i 55.83 AGENDA ITE NO. PAGE— f �_ 4 rA_ q LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-112 PAGE NO DATE 05/31/90 ;HER 0. PAYEE DETAIL OF DEMANDS PRESENTED WARRANTCHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV. NO. AMOUNT NO. AMOUNT QUILL CORPORATION 19482 77.55 RIGHTWAY 19483 341.40 + RIVERSIDE COUNTY FEDERAL 19394 3241.56 > COUNTY OF RIVERSIDE 19484] 130312.18 - COUNTY OF RIVERSIDE 19398! 360.00 > LARRY RUSSELL 19485 81.00 BILL SAATHOFF 19486 150.00 y SAFETY—KLEEN CORP. 19487 53.11 SEARS CATALOG 19488 1102.58 SECURITY PACIFIC NAT'L BANK 19387 489.86 >. SECURITY PACIFIC NAT'L BANK 19388 37.13 = SECURITY PACIFIC NAT'L BANK 19389 29.59 f' SEERS LUMBER 19489 131.09 SHAMROCK SALES & SERVICE 19490 363.97 WARREN C. SIECKE 19491 3780.00 SIGNAL MAINTENANCE, INC. 19492 433.11 a SUN TRIBUNE 19493 53.63 RUDY SOLIS 19494 1958.60 SOUTHERN CALIFORNIA EDISON C 19495 1887.55 SOUTHERN CALIFORNIA EDISON C 19496 1109.97 a SOUTHERN CALIFORNIA EDISON C 19397 6371.14IA SOUTHERN CALIFORNIA GAS CO. 19497 10.19 AGENDA ITE NO. PAGE F y LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-112 PAGE NO. DATE 05/31/90 HER 0. PAYEE DETAIL OF DEMANDS PRESENTED WARRANTCHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV. NO, AMOUNT NO. _ AMOUNT STANDARD INSURANCE 19498 886.37 - STANDARD INSURANCE 19499 238.87 STANDARD INSURANCE 9500 38.40 STANDARD OFFICE SYSTEMS 19501 55.10 BILL STARKEY 19502 300.00 - STATE COMPENSATION INSURANCE 19503 745.51 STOCKWELL 3 BINNEY 19504 96.34 STOORZA, ZIEGUAS d METZGER,I 19505 3904.94 STRUCTURAL TERMITE h PEST 19506 200.00 TARGET CHEMICAL 19507 762.71 TEMECULA VALLEY PERSONNEL 19508 1080.00 TEMP -TECH CO., INC. 19509 4950.00 TEXACO REFINING -MARKETING IN 19510 154.80 THOMAS TEMPS 19511 3145.51 > RUSSELL TOURVILLE CONSTRUCTI 19512 4561.00 RUSSELL TOURVILLE CONSTRUCTI 19249 26674.73 - TRANS (JEST FORD TRUCK, INC. 19513 13.61 U. P. S. 19514 39.27 - U.S. GAMES 19515 121.13 U. S. TELEPHONE DIRECTORY 19516 196.00 UNITED STATES POSTMASTER 19517 1440.26 NIVERSAL COACH PARTS INC. 19518 235.94 AGENDA IT M NOIFPAGE ) r LAKE ELSINORE DEMAND/WARRANT REGISTER NO, 90-112 PAGE NO. 7 DATE 05/31/90 0 ;HER PAYEE DETAIL OF DEMANDS PRESENTED WARRANTCHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV, NO, AMOUNT NO, AMOUNT GARY WASHBURN 19519 300.00 * RICHARD WATENPAUGH 19520 200.00 * WEST COAST WINDOW CLEANING 19521 665.00 * WESTLAKE MEDICAL GROUP 19522 125.00 AL WILSEY 19523 150.00 * JIM WINKLER 19524 300.00 RAY WOOD ASSOCIATES 19525 3735.14 D. YOUNGER CO. 19526 64.05 a BUREAU OF BUSINESS PRACTICE 19527 41.94 + SOUTHWEST BUSINESS INTERIORS 19528 2472.28 4 TOMARK SPORTS INC 19529 839.84 0 HINES CONSTRUCTION 19530 8019.00 A COMMERCIAL GLASS SYSTEMS 19531 270.00 e SAN DIEGO PADRES BASEBALL CL 19532 256.00 a SMART d FINAL 19533 88.75 4 WENDY MATTHEWS 19250 90.42 m K.L. WESSEL CONSTRUCTION CO. 19534 83.00 A BACKENS AUTO REPAIR 19535 373.85 = RYCO CONSTRUCTION , INC. 19536 20.00 JOHN J. EMPSON 195371 11.26 SEXTON, CATHY 19538 20.00 PAK WEST 19539 1264.99' AGENDA I EMI N 9PAG OF_.L_ LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-112 PAGE NO. DATE 05/31/90 LHER PAYEE WARRANT CHECK V0. DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHG'D INV. NO. AMOUNT NO, AMOUNT U HAUL 19540 2- 8 WESCO DEVELOPMENT 19941 i 2300.00 SWINGLINE BUSINESS MACHINES 19542 47.50, SIEGEL AND ASSOCIATES 19543 94.981 IREMASTER 19544 i 110.00; MARIA KIEFER 19545 200.00 ASSOCIATED EQUIPMENT CO. AND 19546 6900.001 i DEBBIE ANDERSON 19547 20.001 I i AGENDA ITEM IN - q PAC E OF LAKE ELSINORE DEMAND/WARRANT REGISTER NO. 90-112 PAGE NO DATE 05/31/90 ;HER PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN 0. DESCRIPTION ACCOUNT CHG'D IN V. NO. AMOUNT NO. AMOUNT RITTEN 382606.79 REPAID 118017.722 CCRUED .00 OTAL S00624.S1 RECAP BY FUND REPAIDMITTEN GENERAL FUND 100 111446.42 223136.08 STATE GAS TAX FUND 110 .00 16419.00 LIGHTING/LANDSCAPE DISTRI130 6413.76 26269.24 STREET CAPITAL PROJECTS 201 .00 4800.00 BRIDGE CAPITAL PROJECTS 202 .00 I 52797.041 SIGNAL CAPITAL PROJECTS 204 .00 3300.00 PARK CAPITAL PROJECTS FU 221 .00 6354.00 L.E.T.S. FUND 450 157.54 8687.91 OTHER FUNDS 999 .DO 40843.52 i I AGENDA ITEM NIO- i PAGE 1' I OF- t� o--i�' Reference (Case Name)HALL V. PARKE' Riverside Superior Case No. 201 4E CLAIM AGAINST A GOVERNMENTAL AGENCY j 2'31990 (EQUITABLE INDEMNITY) ofFicUR SIN CLERR Defendant, The COLICH & SONS dba COLICH BROTHERS INc,.hereby presents its claim for equitable indemnity to CITY OF LAKE ELSINORE 130 S. Main Street, Lake Elsinore, CA 92330 Attn: City Clerk 1 2 On (date) April 19, 1990 COLICH & SONS was served with a Summons and Complaint, a copy of which is attached hereto, in which it is named as a defendant. Said Complaint alleges that plaintiff (R) VERNON O. HALL suffered damages in the amount of on (Date) November 5, 1988 unknown at (Location) 300 South Line Street adjacent to City Park between Library and LImited Streets in Lake Elsinore" as a result of alleged negligence by owner, leasee, contractor wherein the defendants negligently allowed a piece of railroad track to become exposed on a dirt road and plaintiff was injured 3. Colich & Sons contends that it is not liable for the events and occurrences described in plaintiff(s)'s Complaint; it further contends that the governmental agency to which this claim is presented is liable for said events and occurrences. AGENDA ITEM NO.2 `*� 1111E _L OF, 4. The amount of this claim cannot_ be determined with certainty until such time as the lawsuit which is the basis of this claim is concluded. 5. The name and address (if known) of public employee or agency causing plaintiff's (s') damage is CITY OF LAKE ELSINORE All correspondence in regard claim should be addressed to: Law Offices of Galvin & PTERCE 695 Town Center Drive Suite 620 Costa Mesa, CA 92626 Attention: MARC S. LAYER LAW OFFICES OF GALVIN & gTERCE By: M MARC S. LAF AtX eys for Defendant, COLICH & ONS dba COLICH BROTHERS INC. -2- AGENDA ITEM NO. -_ PAGE -2L CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages o Persons or Personal Property) y;"2 41990 _ coiivCCLMK Received By ? ��(� (Name (Time/Date Received) A claim must be filed with the City Clerk of the City of Lake Elsinore within six (6) months after which the incident or event occurred. Be sure your claim is against the City of Lake Elsinore, not another public entity. where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92330. TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA: The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property: 1. NAME OF CLAIMANT Betty Rasmussen a. Address of Claimant 33589 View Crest Dr., Lake Elsinore, CA 92330 b. Phone No. ( 714) 674-5199 C. Date of Birth d. Social Security No. 551-46-6121 6/29/38 e. Drivers Lic. No. F0722677 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: c/o Law Offices of Charles C. Simon, 144 N. Glendale Ave., #300, Glendale, CA 91206 3. Occurrence or event from which this claim arises: a. Date 12/15/89 b. Time 10:30 c. Place (Exact and specific location) Sidewalk outside Fabric Queen in the Lake Elsinore Town Center, 32275 Mission Trail, Lake Elsinore, CA 92330 d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary). Claimant tripped on a raised portion in the concrete sidewalk, and fell onto said concrete sidewalk. e. What particular action by the City or its employees, caused the alleged damage or injury? City of Lake Elsinore is under a duty to keep its public property reasonably safe and well maintained City of Lake Elsinore was negligent is this duty. AGENDA 1TEM`NO. �— � 4. Were there any injuries at the time of this incident? If there were no injuries, state "No Injuries". Yes, among other injuries, fractured right shoulder. 5. Give the name(s) of the City employee(s) causing the damage or injury: Unknown at this time. 6. Name and address of any other person injured: Not applicable. 7. Name and address of the owner of any damaged property: None other than claimant. 8. Damages Claimed: a. Amount claimed as of this date: $ Unknown b. Estimated amount of future costs $ Unknown c. Total amount claimed $ Unknown d. Basis for computation of amounts claimed (Include copies of all bills, invoices, estimates, etc.) Claimant still undergoing medical treatment 9. Names and addresses of all witnesses, hospitals, doctors, etc.: among other: a. J. Michael Baker, M.D., Inland Valley Regional Medical Center, 36485 Inland Valley b. Rd., Wildomar, CA 92395 c. Andrew Kim, M.D., 29645 Rancho California Rd., #226, Temecula, CA 92390 d. David Nakai, R.P.T., 115 W. Franklin Ave., I.ake Elsinore, CA 92330 10. Any additional information that might be helpful in considering this claim: WITNESSES: Carol & James Melton, 22193 Loch Lomond, Lake Elsinore, CA 92330 WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal Code 72/ Insurance Code 556.1) I have read the matters and statements made :in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. 90 Signed this 20f day of May , 198:7;, at Glendale California. AGENDA ITEM NO. PAGE OF 7 C,L O 1-7 RECVrvED .::Al' 151990 SIT]L OFFICE OF: C1F1ilt 05-14-90 I HERE BY MAKE CLAIM AGAINST THE CITY OF ELSINORE. FOR THE GRAND THEFT OF PRIVATE PROPERTY, VIOLATION OF MY CIVIL RIGHTS , RETALIATORY TORT,A.BUSE OF POWER.AND DAMAGES LOSS OF PROPERTY: 1 40'AB GRADE SHIPPING CONTAINER $3,000.00 ITS REMAINING CONTENTS 800.00 DAMAGE TO FENCE POSTS 50.00 LOSS OF UTILITY OF CONTAINER @140.00 PER MONTH UNTIL RETURNED OR REPLACED. HARASSMENT,TORT THE TAKING OF PRIVATE PROPERTY WITHOUT JUST COMPENSATION.FAILURE TO PROVIDE ME A HEARING. EACH CLAIM IS A SEPARATE CLAIM IN THE AMOUNT OF $100,000.00 THIS ACT WAS RETALIATORY, CRIMINAL,WITH THE FULL INTENT TO DEPRIVE ME OF MY ASSETS PERMANENTLY. WITH FULL KNOWLEDGE THAT I WAS IN THE PROCESS OF RELOCATING CARGO AND THE CONTAINER AND THE TIMING OF THIS ACT WAS INTENTIONALLY RETALIATORY FOR CRITICISMS OF ONE CITY EMPLOYEE KEVIN SHEAR.H0 OFFICE KNOWS I AM HAND ICAPED (CRUSHED LEG)AND WAS KEPT FULLY AWARE OF MY PROGRESS THROUGH THE CITES EMPLOYEE CAROL GORDON.SHE WAS AWARE OF MY CIRCUMSTANCES. THEY WERE ALSO AWARE THAT I WAS COMPLYING WITH THEIR REQUEST EVEN THOUGH I DID NOT AGREE WITH THIS VIOLATION OF MY CONSTITUTIONAL RIGHTS. TOTAL AMOUNT OF CLAIM FOR PROPERTY,CONTENTS,DAMAGE $3,050.00 HARASSMENT $100,000.00 INTENTIONAL TORT $100,000.00 RETALIATORY TORT $100,000.00 ABUSE OF POWER $100,000.00 VIOLATION OF MY CONSTITUTIONAL RIGHTS $300,000.00 CRIMINAL TRESPASS $100,000.00 UNEQUAL JUSTICE SPECIAL PRIVILEGE POLICES $100,000.00 MONTHLY LOSS OF UTILITY OF CONTAINER @ 140.00 THIS CLAIM IS NOT LIMITED TO ANY FUTURE CLAIM THAT MY RESULT FROM DISCOVERY IT IS UNFORTUNATE THAT A PUBLIC SERVANT IS ALLOWED TO EXPLOIT HIS POWER AND ABUSE A CITIZEN FOR CRITICISM OF THE ADMINISTRATION OF HIS OFFICE. IF THERE IS SOMEONE IN THIS CITES GOVERNING BODY WITH ANY COMMON SENSE. I WILL WITHDRAW ALL THESE CLAIMS AGAINST THE CITY IF THE CONTAINER,AND CONTENTS IS RETURNED TO MY POSSESSION OR REPLACED WITH THE CASH VALUE OF $3,850.00 NO LATER THEN FRIDAY MAY 18,1990. DAVID D. KROMER GRAND THEFT CASE FILED LR90134018 C.C. ATTORNEY GENERALS OFFICE /8200 - 999-0389 AGENDA ITEM NO. `11� PAGE -1-017-.. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL DATE: June 12, 1990 SUBJECT: Pepsi Playpark Application Prepared by: > \�5� Approved By (: U --- Ric rd J. WatenpAugh Ron Mol ndyk Community Services Director City Manager BACKGROUND Staff has secured information to apply for a Pepsi Playpark play equipment donation. The attached application, if approved, would provide at no cost for the equipment, a new Iron Mountain Forge play structure for Lakepoint Park. The City would be required to provide the installation, ongoing maintenance, and insurance, as with any other play equipment. In addition, the City would agree to allow a Pepsi Playpark sign (permanent), and temporary banners to be erected during the dedication. FISCAL IMPACT Pepsi would donate the play structure at no cost to the City. The City will incur cost of between $12,000 and $15,000 to prepare the play structure area (i.e., excavation, concrete curbs, benches, and washed sand). RECOMMENDATION It is recommended the Mayor and City Council: 1. Authorize Staff to proceed with the Pepsi Playpark application; and 2. Authorize the Community Services Director to sign the application as the City's contact. /mj 1990 APPLICATION FOR ELIGIBILITY for LET'S BUILD A PEPSI PLAYPARK PROGRAM NAME OF PARK AGENCY City of Lake Elsinore Community Services Dept. NAME OF GOVERNING JURISDICTION City of Lake Elsinore ADDRESS 130 S. Alain Street Lake Elsinore, CA 92330 (City, County) PERSONAL CONTACT NAME Richard J. Watenpaugh ADDRESS (same as above) PHONE 714/674-3124, extension 5 PARK(S) PROPOSED FOR PEPSI PLAYPARKS -- (No more than three) NAME Lakepoint Park ADDRESS 420 Lakeshore Drive Lake Elsinore, CA 92330 SIZE 12 Acres NAME ADDRESS SIZE NAME ADDRESS SIZE PLEASE INCLUDE PHOTOGRAPH(S) OF PROPOSED SITES(S) To qualify for a Pepsi Playpark, please provide the following information: Use and Park Characteristics • Current size of existing playpit area? "none" square feet. • How large an area do you serve? 1/2 mile 1 1/2 mile , 3 miles , over 5 miles X • Total population served within service radius? 7,000 to 10,000 • Estimated percent used by households income: __-10-0/o less than $20,000 _-LO-0/6 $20,000+, --1-0'/o $30,000+ 0 % $40,000+ • Define existing equipment condition and briefly explain why your park needs new playground facilities. (Use additional sheet if necessary.) See Exhibit "B" ELIGIBILITY REQUIREMENTS Parks Department Support and Responsibilities • Provide personnel and support for public relations activities i.e. a) park officials for ground breaking, press conferences b) tables for possible Pepsi sampling at park events c) authorization for Pepsi banners and other signage during promotional campaign • Describe your summer playground program for children, including how you would administer a "Let's build a Pepsi Playpark" drawing contest. (Pepsi to provide entry forms.) See Exhibit "B" • Provide liasion with local legislators and community leaders • Maintain Playpark equipment and ground cover surface once installation is complete. Eligibility Requirements cont. • Provide a designer to coordinate installation of equipment with Iron Mountain Forge. • Agree to permanent in -playground placement of graffiti proof "Pepsi Playpark" sign 3 1/2 by 2 1/2 ft. (see contract Exhibit A) • Provide funds for ground preparation, playground installation, ground cover and maintenance of equipment and ground surface, to meet Consumer Product Safety Guidelines. (All Park and Recreation Departments are encouraged to create proper handicap accessibility to play areas.) • Have all infrastructure complete and ready for Playpark equipment installation by Iron Mountain Forge by January 30,1991. • Agree to terms of attached contract including terms for installation, insurance, etc., as written. Park Director Signature City Attorney Signature Date of Signature Date of Signature Please mail this completed form by June 15, 1990 back to: "Pepsi Playparks" 12021 Wilshire Blvd. Suite 656 West Los Angeles, CA 90025 All questions or concerns should be sent in writing to the same address. �� _ EXHIBIT "A" PEPSI PLAYPARR AGREEMENT This Agreement is entered into as of the day of , 1990, between Pepsi-Cola Company, a division of PepsiCo, Inc. ("Pepsi") and the City/Town of located in the State of California (the "City/Town") regarding the construction and installation of a children's playground in the City/Town (the "Playpark") with the support of Pepsi as hereinafter set forth. All of the rights and benefits inuring to Pepsi hereunder shall also inure to the licensed Pepsi-Cola bottler who services the territory in which the City/Town is located (the "Bottler"). A. CONSTRUCTION OF PLAYGROUND 1. Desiqnation of Area The City/Town shall, in consultation with Pepsi and its local Bottler, purchase or designate a parcel of land appropriate for construction and installation of the Playpark and shall prepare the designated site for construction of the Playpark. 2. Contracting with Builder; Equipment Supplier The City/Town agrees to accept the play equipment from Pepsi through Iron Mountain Forge playground supplier and will go to competitive bid for the construction of the Playpark and the installation of the playground equipment. The Town represents and warrants to Pepsi that: a) it will take all steps necessary to assure that the Playpark will be designed, manufactured and installed in compliance with any and all applicable federal, state and local laws, rules, regulations and ordinances; b) any contracts with the builder and equipment supplier for the Playpark will include the following provisions, as appropriate: (i) any equipment supplier shall provide proof that its equipment complies with the Consumer Product Safety Commission Guidelines for playground equipment, (ii) any equipment supplier shall provide a certificate of insurance evidencing product liability insurance, general liability insurance and completed operations insurance, which insurance shall in all cases be in an amount not less than $2,500,000 combined single limit covering bodily injury and property damage from an insurer duly licensed in the state in which the equipment will be installed and the certificates shall specifically name both the City/Town and Pepsi as additional insureds; (iii) if equipment is to be provided by means other than through commercial —._ manufacturer, the designer and/or engineer shall be duly licensed in the state in which the equipment will be installed and such parties shall provide a certificate of errors and omissions professional liability insurance in an amount not less than $1,000,000 which specifically names both the City/Town and Pepsi as additional insureds; and (iv) any equipment supplier and/or designers shall provide certification that the installation of the equipment at the Playpark has been completed in conformance with the specifications of its contract: with the City/Town; and c) that the quipment installed in the Playpark has been installed over a protective fall cushion which is in compliance with the Consumer Product Safety Commission Guidelines, which include the requirement that washed sand, pea gravel, wood or mulch chips in at least a depth of 12 inches be provided or that a 1.75 inch rubber mat be provided. 3.I. Insurance With respect to the Playpark, the City/Town shall procure and maintain at its sole cost and expense the following insurance coverage:: (i) Worker's Compensation, per statutory limits; (ii) Employer's Liability Insurance with limits of at least $1,000,000 per occurence; and (iii) Comprehensive General Liability Insurance including public liability insurance, contractual liablity, products liability and completed operations coverage with respect to the Playpark and this Agreement, each with limits of at least $2,500,000 combined single limit covering bodily injury and property damage. Each such policy shall name Pepsi as an additional insured. The City/Town shall deliver certificates evidencing such insurance to Pepsi within 30 days following the execution of this Agreement and, from time to time, upon Pepsi's request:, shall promptly furnish evidence of the maintenance of such insurance. All of the foregoing certificates of insurance furnished by the City/Town shall contain a clause stating that Pepsi-Cola Company is to be notified in writing at least 60 days prior to cancellation of, or any material change in, the policy. OR 3.II Insurance The City/Town represents and warrants to Pepsi that it is self insured with respect to the liabilities which it may incur pursuant to Paragraph 4 hereof and that, to the best of its knowledge, it will be in a financial position to meet such potential liabilities when they occur. 2 -1 Indemnification The City/Town agrees to indemnify and hold Pepsi and its respective Bottler harmless from and against any and all claims, demands, actions, losses, liabilities damages, costs and expenses (including reasonable legal fees and expenses) arising out of: (i) any acts, whether of omission or commission that may be committed or suffered by the City/Town or any of its employees, agents or sub -contractors in connection with the performance or failure to perform any obligations under this Agreement, or otherwise in connection with the design, manufacture, installation, or use of the Playpark; (ii) the breach or alleged breach by the City/Town or by any of its employees, agents or sub -contractors of any of its agreements, undertakings, covenants, representations or warranties, express or implied, contained in this Agreement; or (iii) any action, claim or proceeding which may be made by anyone for injuries, including death to persons or damage to property, or otherwise made in connection with the use of the Playpark. The city/Town agrees to defend Pepsi and/or its Bottler upon its request against any such liability, claim, action or demand. Pepsi agrees to notify the City/Town promptly of any written claims or demands against Pepsi and/or its Bottler for which the City/Town is responsible hereunder. The provisions of this paragraph and the obligations of the City/Town hereunder shall survive indefinitely the expiration or termination of this Agreement. B. PEPSI'S OBLIGATIONS AND RIGHTS 1. Consideration Pepsi hereby agrees that it will pay to Iron Mountain Forge the amount of Dollars ($ ) to assist in funding the cost of designing, manufacturing, constructing and installing the Playpark. Said payment shall be made within thirty (30) days following execution of this Agreement or at such later time as the parties shall mutually agree. 2. Promotional Rights Pepsi and its respective Bottler shall have the right to conduct an advertising, consumer promotion and public relations campaign in connection with the Playpark and Pepsi's participation in the development thereof. The City/Town hereby agrees that Pepsi and/or its respective Bottler may use the City's/Town's name in connection with such campaigns, and that the City/Town will assist and support Pepsi with respect to such advertising and promotional activities in any manner which may reasonably be requested by Pepsi. The parties specifically acknowledge 3 r: �) C. that Pepsi and/or its respective Bottler shall have the right, but not the obligation, to use the following media in conjunction with its advertising .and promotional campaign: television commercials; television tags; radio commercials; point of sale materials to be disseminated to retain accounts of Pepsi; newspaper advertisements; press releases and press conferences, and such other forms of publicity as Pepsi shall determine are appropriate. 3. Playpark Sian The Town/City shall authorize Pepsi to prominently place a plaque in the Playpark designating the area as a "Pepsi Playpark". A full description and artist's rendering of said plaque as well as its manner of installation is attached hereto as Exhibit "A". Exclusivity The City/Town shall not grant any sponsorship or promotion rights with respect to the planning, construction, dedication or operation of the Playpark to any parties (other than Pepsi and its Bottlers) without the prior consent of Pepsi. MISCELLANEOUS 1. It is agreed that, from and after the date hereof, (a) the City/Town shall be the sole and exclusive owner of all right, title and interest in and to the Playpark and the design thereof; and (b) Pepsi shall be the sole and exclusive owner of all right, title and interest in and to all of the materials created in connection with Pepsi's activities as described in Paragraph (B) (2) hereof, including, without limitation, all advertising, promotional publicity and other materials of any kind whatsoever created in connection therewith or relating thereto. 2. Each party hereto agrees that it shall not in any manner or form (including, but not limited to, in any business activity, product endorsement, catalog, advertising, publicity or pomotion) use or employ any name, or any service mark, trademark, logo, symbol, design, corporate title or any other name associated with any other party hereto without such other paryt's prior written consent, except pursuant to this Agreement. 3. The failure by any party hereto to enforce at any time any one or more of the terms or conditions of this Agreement shall not be considered a waiver of such terms or conditions or of such party's right thereafter to enforce each term and condition of this Agreement. 4. Neither party hereto shall assign this Agreement in whole or in part, or any of their respective rights or obligations hereunder, without the prior written consent of the other. 5. This Agreement shall inure to the benefit of, and shall be binding upon the parties hereto and their respective successors and permitted assigns. 6. This Agreement has been made, will be performed and shall be construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement including, without limitation, the interpretation or the breach thereof, shall be settled by arbitration in the State of California in accordance with the Commercial Arbitration Rules of the American Arbitration Association then obtaining, and judgment upon the award rendered by the panel of three (3) arbitrators may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, this Agreement to arbitrate shall not bar any party from seeking temporary or provisional remedies in any court having jurisdication thereof. 7. This Agreement may not be changed, modified or terminated, except in writing signed by all of the parties hereto. This Agreement constitutes and contains the entire understanding among the parties with respect to this subject matter and supersedes any prior or contemporaneous agreements relating thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. PEPSI -COLA COMPANY, a division of PepsiCo, Inc. By: Title: (Name of Contracting Municipal Entity) By: Title: PLAY �. EXHIBIT A P.1 Plague Specifications The signs will be made of porcelain enameling on stainless steel. They will be supported on each side by two posts 5" in diameter. The posts are made of galvanized steel pipe with an electrostatically applied blue dry powder finish. (Basically the Iron Mountain Forge equipment.) The signs are 3 1/2 feet high by 2 1/2 feet 2 1/2 feet wide and 2 1/2 feet ��; off the ground. The total overall 1rAoypax height is 6 feet installed (per diagram). Also. the plaque will be framed so as not to leave any �- pointed or jagged edges. 6 feet 2 1/2 feet. C��,T-1 3 1/2 feet Also. the posts will be reinforced with concrete with specific mowing strip consistant with Department specifications (8" beyond post area). i Ls� ry 3i Ri ' y-S4sl . amity �I 11 two c IM, • • / 1 / • i�'- IXtr W i Ls� ry 3i Ri ' y-S4sl . amity �I PEPSI PLAYPAF.R EXHIBIT "B" DEFINITION OF EXISTING EQUIPMENT Currently, Lakepoint Park has no play equipment. The park itself is the largest within the City of Lake Elsinore which is 70% low to moderate income. Lakepoint Park is the heaviest used park due to its sports facilities; and scenic, picturesque location adjacent to Lake Elsinore. This park houses all local youth and adult sports programs and has no other amenities or facilities (other than sports fields) to accommodate the social and developmental needs of Lake Elsinore youth. Many families frequent the park to participate in sports activities, picnics, special events, or to simply enjoy the parks setting. The addition of play equipment to Lakepoint Park would provide badly needed recreational outlets for youth through the positive, expressionistic means that are provided through the use of play structures and systems. DRAWING CONTEST The City of Lake Elsinore will, for the first time, provide recreation programs on selected school sites this summer. These programs will be administered and supervised by City part-time staff and will be free to all local Lake Elsinore resident children. The summer program will be provided on a drop-in basis from 10:00 a.m. until 2:00 p.m., Monday through Friday at three Elementary School grounds. The program is designed for youth ages 6-13 and will encompass arts and crafts, sports, games and special events in each weeks Activity Calendar. A "Pepsi Playpark" drawing contest will be publicized through local newspapers, radio stations, as well as in the 15,000 brochures that the City mails out quarterly to all residents. All City operated summer programs would be heavily involved in the participation of the contest and would feature the drawing contest as a scheduled special event with winners at each playground site (3) and winners from our Community Center submittals qualifying for the final round of competitors. A selection committee comprised of local dignitaries would be formed to select the overall winner who would receive their award at a televised City Council Meeting. REPORT TO CITY COUNCIL DATE: June 12, 1990 SUBJECT: AB 2879 (Cortese) Prepared by: JJ��_ i ✓j Approved by: (� t- �� L_— Vicki Kasad Ron Molend k City Clerk City Manager Under current law, the Cortese -Knox Local Government Reorganization Act of 1985 sets out procedures for municipal incorporation which, requires that incorporation of proposed City cannot occur unless there are at least 500 registered voters. This legislation (AB 2879) circumvents the public process of current law, and instead allows a developer and county to negotiate a development agreement that locks in the terms and substantially reduces the opportunity for public input and review. LAFCO would still review the process, however, the development agreement would have already spelled out the critical matters and neighboring cities could only react to the development agreement as the incorporation is reviewed by LAFCO. The League of California Cities and the California Association of Local Agency Formation Commissions have strongly opposed this legislation for the following reasons: 1. AB 2879 preempts much of the public review and input process and allows the county and developer to cut a deal before the incorporation proposal reaches LAFCO. The development agreement covers governance issues as opposed to development issues, which should be separated and dealt with under current law. 2. AB 2879 would preempt other governance alternatives such as annexation, county service areas, community services districts, etc. 3. AB 2879 ignores existing spheres of influence, or issues of proximity to existing cities for the so-called "new town". 4. AB 2879 allows the county and developer to divide up the new city's revenue before there is a city, as well as reach a binding agreement as to how the new city will be developed. All of this would occur before there are even residents in the new city. It would create a "company town" and create a new city that is essentially emasculated. RECOMMENDATION Approve the attached draft letter of opposition and authorize the Mayor to sign for transmittal to the appropriate legislators. AGENDA ITEM �' PAGE OF DRAFT June 13, 1990 Dear Assemblyman: (Note: This letter will be sent to each member of the Assembly Local Government Committee) I am writing to register the City of Lake Elsinore's concern with AB 2879, concerning County/Developer negotiated development agreements, which is scheduled to be heard by the Local Government Committee some time after June 18th. Areas of serious concern to our City are as follows: 1) In cities, such as ours which are completely surrounded by unincorporated County territory, this legislation would allow the creation of new adjacent cities within an established city's sphere of influence without consideration of possible annexations. 2) These new cities would not be required to comply or be integrated with established city general plans or development goals. And further, would not be required to work with established traffic circulation plans. 3) Without proper controls, residents of an adjacent new city could rely on the adjacent established city's facilities without contributing to their maintenance and upkeep. For these reasons, as well as the limited public review and input afforded by this bill, WE URGE YOUR OPPOSITION TO AB 2879. Sincerely, GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE AGENDA ITEM NO. — PAGE_ OF.� ,, REPORT TO CITY COUNCIL DATE: JUNE 12, 1990 SUBJECT: APPROPRIATION LIMITATION PREPARED BY:_% t APPROVED BY(:�;?� C. Ray Wood, Adminis ive Ron Molen k, Services Director City Manager BACKGROUND: Article XIII B of the California Constitution requires the City to adopt by resolution an annual appropriation allowing an increase over the prior year by inflation and population change factors provided by the State Department of Finance. Based upon factors provided by the State, the City's appropriation limit for 1990/91 is $9,940,902, an increase of $999,767 over 1989/90. The estimated amount of 1990/91 appropriations which will be subject to limitation is $4,086,130. Therefore, the limit for 1990/91 has no effect upon the City. FISCAL IMPACT: There is no fiscal impact on the City. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 90-;jL setting the City's 1990/91 appropriation limit at $9,940,902. AGENDA ITEM NO. _ PAGE I of RESOLUTION NO. 90 --,SC) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING FORTH AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 1990/1991 CONSISTENT WITH ARTICLE XIII B OF THE CALIFORINA CONSTITUTION AND GIVING NOTICE OF THE AVAILABILITY OF INFORMATION SUPPORTING SAID DETERMINATION. BE IT RESOLVED, that the City of Lake Elsinore hereby establishes $9,940,902 as the limit for appropriations of the proceeds of taxes for Fiscal Year 1990/1991. BE IT FURTHER RESOLVED that notice shall be given by the Administrative Services Director of the availability of supporting information used in deriving said limit. PASSED, APPROVED AND ADOPTED this the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Is1.31421�iIi1111[1111111WTI u ABSTAIN: COUNCILMEMBERS: ATTEST: VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE day of , 1990, on GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPER, CITY ATTORNEY AGENDA ITEM NO. I L PAGE OF a REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: CITY-WIDE LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT PREPARED BY: J-Qr� F-� APPROVED: Ron Kirchner Ron Mole dyk Director of Public City Manager Services BACKGROUND The City Council in 1988 established a City -Wide Landscaping and Lighting District for the purpose of assessing the costs of maintaining these facilities in accordance with the Landscaping and Lighting Act of 1972. FINDINGS This year's Engineer's Report and Assessment Roll has been filed with the City Clerk and have been distributed to the City Council. Copies of the Report and Assessment Rolls are available for public examination in the offices of the City Clerk, Administrative Services, and City Engineer. Attached hereto are Resolutions: 1. Resolution ordering the preparation of plans, assessment, report. (Exhibit A) 2. Resolution approving engineer's report. (Exhibit B) 3. Resolution of Intention establishing a Public Hearing on July 24th. (Exhibit C) FISCAL IMPACT All expenses including Engineering and Administration fees are included in the assessments. RECOMMENDATION Staff recommends that Council adopt the attached resolutions. AGENDA ITEM NO. EE PAGE OF_/ L RES0 ON NO. 9 Q, -- 75.�� ii �� • Y`19 M �� � Mi • i• m ii�r 1 ' �I. •' • • �M V• • -i • Y I ' 01 D 1 C I• •• • • • v` WHEREAS, the C= COUNCIL of the CITY OF LAKE ECSINORE, CALgbRNIA, desires to initiate proceedings for the annual levy of assessments for a street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972,11 being Division 15, Part 2 of the Streets and Highways Code of the State of California, in what is known and designated as CM OF ELSINORE 4MIJUE T4VIcr4PTMI• nNW LTFTTjr.DIW.I1W% (hereinafter referred to as the "District'); and, WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 1990, and ending Jame 30, 1990; and, WHEREAS, there has been submitted to this City Council for its consideration at this time, a map showing the boundaries of the area affected by the levy of the assessment for the above referenced fiscal year, and the territory proposed to be annexed, said map further showing and describing in general the works of improvement proposed to to be maintained in said District, said description being sufficient to identify the works of Page 1 of 3 AC--, 74 ITEM NO, EXHIBIT A PAGE .2- OF improvement arra the areas proposed to be assessed for said maintenance thereof; and, WEREAS, the provisions of said Division 15, Part 2 require a written "Report," consisting of the following: 1. Plans and specifications of the area of the works of improvement to be maintained; 2. An estimate of the costs for maintaining the improvements for the above referenced fiscal year; 3. A diagram of the area proposed to be assessed; 4. An assessment of the estimated costs for maintenance work for said fiscal year. NOW, 7rIEP URE, BE IT RESOLVED that the City Council of the City of Lake Elsinore does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That a map, entitled I • F•1� aR ���'i as submitted to this City Council, showing the boundaries of the proposed area to be assessed and showing the works of improvement to be maintained, is hereby approved, and a copy thereof shall be on file in the office of the City Clerk and open to public inspection. The proposed parcels and properties within said area are those to to be assessed to pay certain of the costs and expenses for said maintenance work. Page 2 of 3 AGENDA ITEM NO. PAGE OFA SD=ON 3. That the proposed maintenance work within the area proposed to be assessed shall be for certain street lighting improvements, as said maintenance work is set forth in the "Report" to be presented to this City Council for consideration. SECTION 4. That BSI, , INC., is hereby ordered to prepare and file with this City Council, a "Report" relating to said annual assessment and levy in accordance with the provisions of Article IV, cmuencing with Section 22565 of Chapter 1 of the Streets and Highways Code of the State of California. S=ON 5. That upon completion, said "Report" shall be filed with the City Clerk, who shall then submit the sane to this City Council for its consideration pursuant to Sections 22623 arra 22624 of said Streets and Highways Code. day of , 1990, by the following vote: AYES: NOES: ABSENT: ABSrEN=CNS: GARY WA-EEBURN, MAYOR CITY OF IAKE ELSINORE FAWnfelIND .• a•:4„ JOHN R. HARPER, CITY ATTORNEY _,. ITEM NO.,�-�� Page 3 of 3 PAGE � QE I, VICI L= KASAD, CITY CLERK of the CITY OF LAKE E=40RE, CALIFORNIA, DO FM= CER= that the foregoing Resolution, being Resolution No. was duly passed, approved arra 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: mmmm•• •n lar m - NOES: EXEC= this day of , 1990, at LAKE E SINORE, California. V• 1 I 1• � M 71' M • 71 11Q1 F4 V. • - v • v • aLl •� A.v7�XJA ITEM NO. --LLQ PAOE � OF � THE CITY COUNCILAPPROVIM • E a .MM• • E-•-a •- AMRIAL OF a. -• is FOR FISCAL YEAR INA DISTRICr WITHIN u CITY WHEREAS, the = COUNCIL OF • ELSINOTM,CALI] pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, did, by previous Resolution, order the preparation of an Engineer's "Report" for the annual levy of assessments, consisting of plans and specifications, an estimate of the cost, a diagram of the district, and an assessment relating to what is now known and designated as (hereinafter referred to as the "District"); and, WHEREAS, there has now been presented to this City Council the "Report" as required by said Division 15 of the Streets and Highways Code and as previously directed by Resolution; and, WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed, as set forth in said "Report." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore does hereby resolve, determine and order as follows: SECPION 1. That the above recitals are all true and correct. Page 1 of 2 ITEM NO. EXHIBIT B PAGE OF following: SB=ON 2. That the "Report" as presented, consisting of the A. Plans and specifications; B. Estimate of cost; C. Diagram of the District; D. Assessment of the estimated cost; is hereby approved on a preliminary basis, and is ordered to be filed in the office of the City Clerk as a permanent record and to remain open to public inspection. S=ON 3. That the City Clerk shall certify to the passage and adoption of this Resolution, arra the minutes of this meeting shall so reflect the presentation of the Engineer's "Report." the following vote: AYES: NOES: ABSENT: ABSPEPITATIONS: r•715 + U -NAM• «qilya g • • w aro 4YY • ,qa at_ y.•,a JOM R. HARPER, CITY ATIORNEY Page 2 of 2 " ?A ITEM NO. PAGE 0F V• • Y• ■ • 7 N • i• 11 M'[ • � 01 1 •• I, VIaa LYNNE Ik.SAD, CIW CLERK of the = OF LAKE ELSINORE, CAI=RNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was duly passed, approved, and adopted by the City Council, approved aryl isarrl �d 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 f017,M vote: AYES: • a. n"1*01:)a:&-1 Y• 1 •• ■ ID P ■- E}L1:= this day of , 1990, at LAKE ELSINORE, California. *1=19 A IT N FAGE7 OF.J—/4 RESO=0N NO. 9G S3 • S. • • • 1 MI ••' w• r 201 ` • • /• « • 9• • r If. /• • •al r •r.ir ••r • rl v • has previously formed a street lighting district p r•z=t to the terms and provisions of the "Landscaping and Lighting Act of 197211, being Division 15, Part 2 of the Streets and Highways Code of the State of California, in that is known arra designated as ,"VWCJ Rolm (hereinafter referred to as the "District"); and, TAIjEREA.S, at this time, this City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and, VUEPEA.S, at this time there has been presented and approved by this City Council, the Engineer's 17,eport" as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy and annexation. Page 1 of 6 ^-k3CA ITEM NO. EXHIBIT C pq"E__'�_OF NOW, nm=RE, BE TT RESOLVED that the City Council of the City of Take Elsinore does hereby resolve, determine and order as follows: SB=ON 1. That the above recitals are all true and correct. PUBLIC INTER= SECTION 2. That the public interest and convenience re4uires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the "Report" of the Engineer, incorporated herein as a part hereof. SECMON 3. That the "Report" of the Engineer regarding the annual levy for said District, which "Report" is for maintenance for the fiscal year 1990-1991, is hereby approved and is directed to be filed in the Office of the City Clerk. SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's "Report," and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs arra expense of said maintenance and irprovement as estimated in said "Report." Page 2 of 6 AGEhr-A ITEM NO. JL PAGE OF'L�— OF SECTION 5. The assessments levied arra collected shall be for the maintenance of certain street lighting 1uprovements, as set forth in the Engineer's "Report," referenced and so incorporated herein. [ice gove-\i1NY►•):� e SECTION 6. The County Auditor shall enter on the County Assetssrent Roll the amount of the assessments, and shall collect said assessments at the time arra in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any conpensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District. SECTION 7. That all monies collected shall be deposited in a special fund known as •a � Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the malting of this maintenance and improvement, the City Council may transfer into said funis as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. Io gIkmoi*3OTS6)wY co) N SECTION S. Said contemplated maintenance work is, in the opinion of this City Council, of direct benef_t to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Page 3 of 6 AC-E"r-A ITEM / NO.- PAGE � OF /4 Council hereby declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each arra every parcel of lard within the boundaries of said District, as said District is shown on a map as approved by this City Council arra on file in the Office of the City Clerk, and so designated by the name of the District. 1 Ir. %1,.• y a2aI1J SECTION 9. Any lots or parcels of lard }sown as public property, as the same are defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code of the State of California, which are included within the boundaries of the District, shall be omitted and exempt from any assessment to be made order these proceedings to cover any of the costs and expenses of said improvement and maintenance work. SECTION 1. NOTTCEIS HMEBya i hT TUEsmy, THE' 1• or • • 1 AT THE • OF • O'CLOCK 1 1 RBMTLAR MEETINGOF H •• 1 • .010A 1 COUNCIL CMMERS, THE TIME AND PLACE F= BY THIS CITY COUNCIL FOR THE 1 RI OF PROTESTS • • OBJECTIONS IN REFERENCE T• THE WR=I, IEVY OF aSS E TO THE MU= OF THE KU=WCE, • • ANY • Y la• MikTIERS CONTAINED IN THISRESCII)TION BY THOSEPROPERrY OWNERS AFFECTED I al: PERSONS WHO WISH 70 •: a TO THE PROCEEDINGS F•• THE A=M SHOUID EM A WRITTENPROTEST 1 MM PRIOR TO THE TIME• N tat a• FOR SAID PUBLIC HEARING. • M SECTION 11. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Se -tion 6066, a copy of this Page 4 of 6 AG_NOA ITEM NO. PAGEDO— OF Resolution in the Lake Elsinore, Sum Tribune, newspaper of general circulation within said City, said publication shall be not less than ten (10) days before the date set for said Public Hearing. SECTION 12. That the City Clerk is further directed to cause a copy of the Resolution of Intention to be posted upon the official bulletin board customarily used for the posting of notices. SECTION 13. That this Resolution shall take effect immediately upon its adoption. SECTION 14. For any arra all information relating to the proceedings, protest procedure, any dommentation ami/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated: Ron Kirchner, Diretor of Public Works CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, California 92330 (714) 674-3124 the following vote: AYES: NOES: ABSENT. day of 1990, by 61 4YY • • 71 � 4 �' Page 5 of 6 5 AGEIW A. ITEM NO.—LL. / RAGE// --55 OF �7 v ty • • • •+ •• • 21- u • • • •- I, VICKI LYNNE KNSAD, CITY CLERK of the CITY OF LAKE ELSINORE, CALIFORNIA, DO BEREI3Y CERTIFY that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Council, approved ndiby the Mayor, and attested by the City Clerk, all at the meeting of said City Council held on the day Of , 3990, and that the same was passed and adopted by the following vote: AYES: NOES: EXF]Ct7PED this day of , 1990, at LAKE ELSINORE, California. VIQU LYNNEK%SAD, CITY N ID• CIW OF • ELSINORE OF CALIF'01;VIA Page 6 of 6 AGEM DA ITEM NO. PAGE OF -4L REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: RIGHT OF ENTRY PERMIT RAILROAD CANYON ROAD PREPARED BY: � L APPROVED: Ron Kirchner Ron Mol ndyk Director of Public City Manager Services BACKGROUND This project is currently under construction and all required right-of-way within the city limits has been secured. The new roadway will connect to the existing county road in Canyon Lake, and requires a slope easement in the County, to affect this transition widening. That easement will be acquired by the County from the property owner, Elsinore Valley Municipal Water District. FINDINGS As the City cannot accept right-of-way for the County, we have arranged for a Right of Entry permit from the owner to the City, which allows the contractor to build the improvement. The permit also provides that the Grantor will convey a permanent easement to the County upon request. The County has been advised of this. FISCAL IMPACT All costs associated with the project, including acquisition expense, are funded by the Benefit Assessment District. There is no direct cost to the City. RECOMMENDATION Accept the attached Right of Entry Permit and instruct the Clerk to record same. AGEN-nA ITEM NO. PAGE_ Cr When Recorded Please Mail To: City Clerk t City of Lake Elsinore [ 130 South Main Street [ Lake Elsinore, CA 92330 [ Recorded at Request of [ City Engineer [ RIGHT OF ENTRY PERMIT Project: RAILROAD CANYON ROAD Improvement Project CITY OF LAKE ELSINORE Portion Lying Within the Unicorporated Area of the COUNTY OF RIVERSIDE Re: Right -of-Way Acquisition Offsite Requirements Affecting a Portion of APN 354-030-020 Vesting: ELSINORE VALLEY MUNICIPAL WATER DISTRICT, A MUNICIPAL CORPORATION Subject: Slope Easement and Drainage Easement Elsinore Valley Municipal Water District, ("GRANTOR") hereby grants to the CITY OF LAKE ELSINORE, ("GRANTEE") in the County of Riverside, State of California, its agents and contractors the right to enter upon the hereinafter described property and construct support slopes and drainage structures in connection with the improvement. of RAILROAD CANYON ROAD. This permit is granted with the acknowledgment that GRANTOR will convey by grant deed the easements described hereinafter to the COUNTY OF RIVERSIDE upon request to do same by said County. GRANTEE shall defend, indemnify and hold harmless GRANTOR and its officials, employees and agents from and against any and all claims, damages, losses and expenses incurred by GRANTEE or any other person as a result of GRANTEE's exercise of its rights under this RIGHT OF ENTRY PERMIT. This permit shall be recorded upon acceptance by the CITY OF LAKE ELSINORE and remain in force and be binding upon the undersigned, its successors or assigns in interest until such time as the easements hereinafter described have been conveyed to the COUNTY OF RIVERSIDE, accepted by said County and recorded. The proposed slope easement and drainage easement referred to above are more particularly described in EXHIBIT'A' and as shown on EXHIBIT'B' and are attached hereto and made a part hereof. n ENOA. ITEM NO. I (�_ PAGE oZ OF This RIGHT OF ENTRY PERMIT is granted this 25th day of April, 1990. ELSINORE VALLEY MUNICIPf�L WATER DISTRICT, a municipal corporation 1)A SHAFER, Treasurer OFFICIAL SEAL JAN`7 L MATSON STATE OF CALIFORNIA ) m :� NOTARYPUBLIC-CALIFORNiA :ss. RIVERSIDE COUNTY COUNTY OF RIVERSIDE ) MY cromm, 'z " SEP Il, loop �,�r 3 On � 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared NANCY SHAFER, personally known to me to be the President, and GARY F. KELLEY, personally known to me to be the Secretary -Treasurer of Elsinore Valley Municipal Water District, the municipal corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. Y\ts� et L. Matson t,JF, ITEM NO.� PAGE OF� FILE: 582.45 582-45DR.ESM PAGE 1 OF 2 03/05/90 CW AW/GD EXHIBIT 'A' LEGAL DESCRIPTION FOR STORM DRAINAGE EASEMENT (E.V.M.W.D.) PARCEL A BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF SAID SECTION 1. NORTH 89016'26" WEST 1,381.93 FEET TO A POINT ON THE ARC OF A 1,945.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 58`46'46" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF THAT CERTAIN 110.00 FOOT WIDE RAILROAD CANYON ROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY 2. NORTHERLY 13.70 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00"24'13"; THENCE TANGENT TO SAID CURVE 3, NORTH 30°49'01" EAST 450.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY 4. NORTH 16°26119" WEST 30.76 FEET; THENCE 5. NORTH 33`03'35" WEST 2.71 FEET; THENCE 6. NORTH 30°40`1' EAST -IT. THENCE -E- 7. SOUTH 23022'36" EAST 30.86 FEET; THENCE 8_ SOUTH 30049'01" WEST 39.77 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.021 ACRES MORE OR LESS AGEt4DA ITEM NO. PAGE OF FILE: 582.45 582-45SL.ESM 03/05/90 CW PAGE 1 OF 2 AW/GD EXHIBIT 'A' LEGAL DESCRIPTION FOR SLOPE EASEMENT (E.V.M.W.D.) PARCEL B BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF SAID SECTION 1. NORTH 89°16'26" WEST 1,381.93 FEET TO A POINT ON THE ARC OF A 1,945.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 58'46'46" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF THAT CERTAIN 110.00 FOOT WIDE RAILROAD CANYON ROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY 2. NORTHERLY 13.70 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°24'13"; THENCE TANGENT TO SAID CURVE 3. NORTH 30°49'01" EAST 450.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY 4, NORTH 16'26'19" WEST 30.76 FEET; THENCE 5. NORTH 30030'36" EAST 263.26 FEET; THENCE 6. NORTH 75'43'04" EAST 34.00 FEET TO SAID WESTERLY RIGHT OF WAY OF RAILROAD CANYON ROAD; THENCE ALONG SAID RIGHT OF WAY 7. SOUTH 30°49'01" WEST 308.22 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.153 ACRES MORE OR LESS EtSrJA ITEM NO. �1- PAGE --') OF LEGEND EXHIBIT ! 'B 1 U..75 -43'04'E. 34.00' INDICATES DRA WAGE ESM'T. q� TOBEACOUIRED(PARCEL(13j4-03-J;.:'O �'o'� COAITAINS 0.02/ AC.% E.KM.W.D. ti IE11,INDICATES SLOPE ESAM'T. TO BE ACQUIRED (PARCEL BI o COUTAINS 0.153 AC. iV 3o•47 oi,E.35.75 N.33.03 35'W 2.71'- N./6'2677,w30 "4-03-0J3 PORT/ON OF RAILROAD CANYON ROAD DEDICATED PER DOC. / REC. /N BOOK AS F/P O.R. .tK SIE: n7R.,'5L 2, R.4VV., S.S.IM. 4=007473" / COUNTr of RIVERsiDE 1 �_= N.SB•46'4.6•w J� • CITT OF LAKE ELSMNORE PJR. JNLr7R.,Sr�,11,T.65., P.O.B. PARCELS 'A't '8' SE. COR,SEC.2, //I °2236 l�3 77' 0 X0.86 NLU T. P 0 B. PARCELS IWO. v RAILROAD CANYON ROAD DEDICATED PER DOC. REC. MAY 17,1949 1N BOOK 1077 AS F/P /67 O.R. FOR7*10N OF RAILROAD CAit1Y01J ROAD DEDICATED PER DOC. REC. APRIL 14,1777 INST. NT 63904, O.R. ProjectDesign Consultants Planning and Engineering 1010 Second Avenue, Suite 500. 5an Diego. CA 92101 619'135.6471 FAX 139.0349 KEITH L. KEETERS RCE 3/138 DATE MY REGISTRATION EXPIRES G-30-72 .AGENDA ITEM NO. _-L_ PAGE—L- OF aw 582.40 REPORT TO CITY COUNCIL DATE: June 12, 1990 SUBJECT: Planning Prepared by: l 'k,- Approved Vicki Kasad City Clerk BACKGROUND commission acancies by:: %2 Ron Mol dyk City Manager The Planning Commission terms of Jeff Brown and Tony Gilenson will be expiring the end of June, 1990. Adopted Council Policy requires that Council authorize the City Clerk to advertise for applications and approve the advertisement period. It is proposed that the applications will be accepted June 13th thru June 27, 1990 and appointment of Commissioners scheduled for the July 10th City Council Meeting. RECOMMENDATION Authorize City Clerk to advertise for applications and approve the advertisement period of June 13 thru June 27, 1990. l� AGENDA ITEM NO. .N PAGFE--L OF--L— REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: FINAL APPROVAL OF PARCEL MAP 24752 PREPARED BY: a,- APPROVED: Z,V, D Ra O'Donnell Ron Kirchner Senior Civil Engineer Director of Public Services APPROVED•(\mac.^ 4 Ron Mol ndyk City Manager The tentative map for Parcel Map 24752 was approved by the City Council on October 10, 1989. Parcel Map 24752 is located on the north side of Casino Drive and south of Railroad Canyon Road. (See Attachment for site location). 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. 1. Approve the final map, subject to the City Engineer's acceptance as being true and accurate. 2. Authorize City Clerk to sign said map and arrange for recordation. AGENDA ITEM NO. I L PAGE OF 'L' it, MISS/ON RAF MINME \ \ YONRY MAP n, !TEM NO. PAGE OF REPORT TO CITY COUNCIL DATE: JUNE 12, 1990 SUBJECT: FINAL APPROVAL OF TRACT MAP 24856 PREPARED BY: ?ON) APPROVED BY: 2�, Ray O'Donnell Ron Kirchner Senior Civil Engineer Director of Public t'0P i naQ APPROVED BY:� /�— Ron Molendyk City Manager BACKGROUND Tentative Tract Map 24856 was approved by City Council on October 10, 1989. Tract 24856 is located west of Robb Road, North of Mountain Avenue, and south of Running Deer Street. SUMMARY The final map conforms substantially to the approved tentative map. All 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 City Engineer's acceptance as being true and accurate and subject to the approval of the City of Attorney of indemnification. 2. Authorize City Clerk to sign said map and arrange for recordation. 3. Accept dedication of Underground Water Rights, Lots A through G and the 30 foot wide drainage easement and record with final map. 4. Accept the Memorandum of Agreement for construction which was mistakenly recorded on Lot 43 of Tract 18719-1 and authorize City Clerk to sign said menorandum. AGENDA ITEM/L_ NO. -LZ-- PAGE L OF --J— REPORT TO CITY COUNCIL DATE: JUNE 12, 1990 SUBJECT: FIRST AMENDMENT TO CONSTRUCTION AGREEMENT ADDENDUM FOR TRACT 18719-1 PREPARED BY: r�_,� APPROVED BY: Ray O'Donnell Ron Kirchner Senior Civil Engineer Director of Public Services APPROVED BY:— Ron Mole dyk City Manager BACKGROUND On August 7, 1986, the City accepted and had recorded an Addendum to the Agreement for Construction for Tract 18719-1. Since 1986, the scope of street and storm drain improvements has been changed and a First Amendment to the Addendum is required. SUMMARY The First Amendment complies with the required scope of work and conditions of development. Modifications in the scope of work include: a. Extension of the 6C" storm drain past the drainage boundary to permit drainage into the existing drainage swale westerly of the Elsinore Ranch. City will reimburse developer for additionally required storm pipe. b. Installation of a catch basin to intercept the storm flows from the paved 20' drainage easement south of the tract boundary. C. Payment by Developer to the City of "in -lieu" fees for the future construction of that portion of Robb Road that will be constructed as part of the City intersection project at Lakeshore Drive. FISCAL IMPACT 1. The City will reimburse the developer for the additionally required storm drain work. This work has been estimated to cost $ 45,600.00. These funds can be paid out of either the Storm Drain Capital Fees or the West Elsinore Community Facilities District. 2. Developer will provide the City with an "in -lieu" payment for the future Robb Road construction. These street improvements have been estimated to cost $5,900.00. RECOMMENDATION 1. Approve the First Amendment to the Construction Agreement Addendum and authorize the City Clerk to sign said Amendment and have said document recorded. 1GE—Z O`er TO FOR CC FOR The above referenced Addendum ("Addendum") was entered into by the undersigned parties on August 14, 1986, a copy of which Addendum is attached hereto for reference purposes. The undersigned have agreed to modify the terms of said Addendum as follows: 1. Control of Drainage. Paragraphs 3 and 4 of the provision entitled "Control of Drainage" on page 1 of the Addendum are hereby restated in their entirety as follows: The facilities for Lateral "A" of the Lincoln Street Channel are not now in place and therefore there are no outlet facilities for the Robb Road drainage system of Tract 18719 in which to empty. The City of Lake Elsinore is in the process of establishing an Assessment District for the purpose of funding and constructing the Lincoln Street Channel and its related facilities which will, when completed, provide an adequate outlet for the Robb Road storm drain. A temporary channel has been constructed parallel to Michigan Avenue, closely approximating the alignment of Line C-1 of the Riverside County Flood Control District Master Plan of Drainage for the West End of Lake Elsinore. Along with the construction of this swale, a berm has been erected to further protect the development known as the "Elsinore Ranch". Additional improvements are now proposed by the City of Lake Elsinore to realign portions of Robb Road, Lakeshore and Michigan Avenue (now called Grand Avenue). These improvements will consist of curb and gutters, paving, utilities and the extension of the storm drain system proposed for Tract 18719. 2. Temporary Improvements by Developer. The provision entitled "Temporary Improvements by Developer" on page 2 of the Addendum shall be modified to provide for the following permanent and temporary improvements by the Developer: ACU,DA ITEM NO. �L�Sl�-�� PAGE OF-� =v (a) Street Work. The matters specified as Street Work on page 2 of the Addendum, paragraphs A.1(a) and (b) have been completed by the Developer of Tract 18719. In addition, the Developer will now undertake ultimate Robb Road improvements as specified by the approved Street Improvement Plan of Tract 18719-1, as modified by new intersection plans which have been approved. Such improvements shall be installed by Developer from the intersection of Robb Road with Mountain southward to Station 10+00.00 (originally designated as Station 19+80.00 as per sheet 2A of the approved Street Improvement Plans of Tract 18719-1). The balance of Robb Road street improvements extending southward from Station 10+00.00 to the tract boundary will be installed by the City of Lake Elsinore at a later date. Notwithstanding that such construction shall be performed at a later date by the City, the Developer agrees to pay at this time the cost of such later extension based upon cost estimates determined from the existing approved Street Improvement Plans of Tract 18719-1. Any additional cost for such improvements at the time of installation shall be borne by the City. (b) Storm Drain Work. The paragraph entitled "Storm Drain Work" on page 2 of the Addendum shall be restated in its entirety as follows: (1) Upon completion of items (b)(2), (b)(3) and (b)(4) below, the retarding basins will be dismantled by the Developer and processed to provide buildable residential lots. (2) Pursuant to revised Improvement Plans, the Developer will install a catch basin to intercept storm flows from the paved 201 drainage easement at the south tract boundary as it enters Robb Road. (3) Pursuant to revised Improvement Plans, the Developer will extend the existing 60" storm drain line approximately four hundred feet southerly from the tract boundary to its termination at Station 2+95.00. Upon completion of installation, the City shall reimburse the Developer for the cost of such extension. As an interim measure, the Developer will install a 48" corrugated steel pipe from the termination of the 60" line to transmit storm flows to the existing drainage swale westerly of Elsinore Ranch. The Developer will also install rip -rap to protect existing facilities from storm runoff at the termination of the temporary line in accordance with the.approved Improvement Plans. Following installation of the extension of the 60" line and the temporary 48" storm drain line, the City will own all such -2- r3ENDA ITEM Nd. improvements and will lines for storm runoff. no further obligation o operate and maintain said The Developer will have r liability in that regard. (4) Previously constructed catch basins that have been blocked will be cleaned and rehabilitated as necessary and the A.C. blocks removed. Any incomplete lateral lines will be completed by Developer to connect catch basins to the storm drain systems. 3. Permanent Improvements (Bonded). Paragraph B on page 3 of the Addendum shall -be deemed modified in accordance• with the foregoing revisions to the Addendum. 4. Commencement of Permanent Facilities. Paragraph C on page 3 of the Addendum shall be modified as follows: To the extent not covered by the foregoing revisions of the Addendum, the construction of permanent facilities, as modified by Sheets 7A and 713 of the Street Improvement Plans for Tract 18719-1 shall begin as soon as appropriate Improvement Plans have been approved by the City of Lake Elsinore and any required easements have been obtained. 5. Bonds. Paragraph D on page 4 of the Addendum shall be amended to provide that following completion of the improvements called for by the Addendum, as amended, the bonds posted by the Developer shall be released and the Developer will be relieved of any duty to install or maintain additional drainage or street improvements for Tract 18719. 6. Continuing Effect. Except as amended and modified by this document, the Addendum shall remain in full force and effect. -3- ITEM NO. PAGE OF 'J IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day of , 1990. ATTEST: DEVELOPER: INC PROPERTIES LTD. NO. 6, a California limited partnership By: PREMIER GROUP, INC., a California corporation, its General Partner By: Pierre LePendeven Its: President CITY: CITY OF LAKE ELSINORE By: Mayor, City of Lake Elsinore CHECKED BY: City Clerk, City Manager, City of Lake Elsinore City of Lake Elsinore EXHIBIT F AFIEIR n.CC':7:7;CV TO: Cj;'.' Ci CITY C? LAKE ELS!NJ)' E, CA 92330 A.D'ENDUM TO AGREEMENT FOR CONSTRUCTION CF IMPROVEMENTS FOR -.F.ACT :8719-1 The above referenced Agreement is modified by this Addendum, which shall be deemed incorporated in said Agreement as follows: Control of Drainage. The majority of Tract 18719 lying northerly of Mountain Street and the property to the north of the tract drains to a defined swale across Lot 1 of Tract 18719-1 and flows easterly across Robb Road. Once the flows reach Robb Road the patterns are less defined but generally flow to the south- east. Some of the flow is contained in Robb Road with the major- ity flowing in a random pattern. Condition k44 of the Conditions of Approval for Tract 18719 state"Drainage from Tract 18719 shall be contained on the west side of Robb Road to allow for elimination of the drainage culvert crossing Robb Road between Mountain Street and Lot "A" (street)." To meet this requirement it was necessary to design an underground drainage system to outlet into the northerly ter- minus of Lateral "A", Lincoln Street Channel as shown by Flood Control & Drainage Plan, Watershed Boundaries, N.W. Lake Elsi- nore, as prepared by the Riverside County Flood Control and Water Conservation District. The facilities for Lateral "A" of the Lincoln Street Channel are not now in place, therefore there are no outlet faci- lities for the Robb Road drainage system of Tract 18719 in which to empty. The City of Lake Elsinore is in the process of estab- lishing an Assessment District for the purpose of funding and constructing the Lincoln Street Channel and its related facili- ties which will, when completed, provide an adequate outlet for the Robb Road storm drain. In the meantime it is proposed to (1) maintain the status quo of the surface improvements of Robb Road to preclude the possibility of diversion or some other kind of potential damage problems to the downstream properties, (2) the construction of Robb Road drainage system will be delayed until the Lincoln Street Channel facilities are available, (3) that temporary retention basins will be constructed throughout Tract 18719 to reduce the flow to Robb Road from. the newly graded or developed tract to an equivalent 10 year flow prior to develop- ment,.,'and (4) temporary paving will be provided for the connec- tion of Mountain Street and Lot "A" (street) to Robb Road. The temporary improvements will remain in place and will be maintained by the developer until the pe nnanent surface improvements and drainage facilities are in place, or as provided otherwise below. AGENDA ITEM N0._LK_ PAGE OF� Eased on the foregoing facts, it is agreed that the Conditions of Approval. for Tract 18719 shall be modified to accommodate the delay in completion of Lateral "A" of the Lincoln Street Channel, and in that regard, the following schedule of improvements and procedures shall apply: A. Temporary Improvements by Developer. The Developer of Tract 18719 shall undertake the following Temporary Improvements: 1. Street Work a. Mountain Street improvement shall include the cross -gutter and curb return at Robb Road. Temporary match -up paving shall be installed between the new work and the existing pavement on Robb Road, including the southbound acceler- ation lane (as shown on Exhibit B). b. The curb returns at Lot "A" and Robb Road shall be constructed with permanent paving on Lot "A" ex- tended to a line connecting the Robb Road ends of the curb re- turns. Temporary match -up pavement shall be placed between the Robb Road existing paving and the new paving and curb returns for Lot "A". Southbound deceleration and acceleration lanes shall be provided (as shown on Exhibit B). 2. Storm Drain work a. The developer shall maintain existing drainage condition on Robb Road from Mountain Road to the east extension of the south tract boundary. b. Construct and maintain retarding basins developed upstream within Tract 18719 (as shown on Exhibit E). C. Receive and convert to sheet flow drain- age from south tract boundary and paved 20 foot drainage easement arriving at Robb Road (see Exhibit C). d. Provide a grade to drain ditch along the southwesterly line of the existing curve from Robb Road,to Lake Shore Drive, provided consent can be obtained to enter upon property not owned by the developer (see Exhibit C). e. Provide A.C.-closure of future catch basin location at station 6+78 on the north side of Lot "A" and stations 6+69 and 7+31 on the south side of Lot "A" (see Exhibit f. Place masonry bulkhead at each end of Line B under Lot "A" (street) at station 6+90± (as shown on Exhi- bit D). -2- AGENDA ITEM NO. PAGE„. OF2_� B. Permanent Tmvrovements (Bonded). At the time soeci£ied at paragraph C below, developer shall undertake the following: 1. Street Work a. These improvements shall include curb and gutters and driveway approaches constructed along the westerly side of Robb Road (as shown on Exhibits F & G). b. A.C. paving shall be constructed from curbs to centerline of Robb Road (as shown on Exhibits A, F & G).. C. Install highway lighting (street lights) (see Exhibits F & G). 2. Storm Drain Work a. Inlet structure along the westerly side of Robb Road, station 15+50, shall be constructed (see Exhibit H). b. Construct underground pipe commencing at Station 15+50 at Robb Road (as shown on Exhibit H). C. Construct catch basin Station 16+00 at Robb Road (see Exhibit H). d. Construct catch basins on each side of Lot "A" (street) and remove temporary A.C. berm at curb and remove temporary bulkhead at each end of Line B under Lot "A" (see Exhibit H). e. Install underground drain Line B at 6+97, Lot "A", and extend to manhole in Robb Road (see Exhibit H). f. Provided consent can be obtained to perform work on property not owned by the developer, continue underground drain to easterly extension of the south boundary of Tract 18719-1 and join Lateral "A" of the Lincoln Street Channel provided by the Assessment District (see Exhibit H). g. Close and reconstruct to usable lots all retarding basins constructed on lots throughout Tract 18719 (see Exhibit E). C. Commencement of Permanent Facilities. The con- struction of the permanent facilities shall begin at time of completion of the Lincoln Street Channel by the Assessment Dis- trict. -3- AGENDA ITEM NO. I"— PAGE -4L OF ,Z D. Bonds. As the various bonded temporary and perma- nent improvements are completed, the developer shall be entitled to apply for and receive approval for reduction of bond amounts from time to time upon a showing of satisfactory evidence that such improvements have been completed in accordance with approved plans. The bonds posted for Improvements shall be held by the City for a maximum of 2-1/2 years from recording of the first map for Tentative Tract 18719. Should the Assessment District not be in a position to complete their facilities to receive the drain- age flow from Tract 18719 stormdrains at the end of said period, the funds bonded shall be released to the City of Lake Elsinore. Such funds shall be reserved and used for flood control and street improvement purposes only within Lot "A" and that portion of Robb Road located between Mountain Road and the east extension of the south tract boundary. Upon release of the bond funds to the City of Lake Elsinore, the developer of Tract 18719 will be relieved of any duty to install or maintain any of the improve- ments called for by the Conditions of Approval of Tract 18719, including without limitation, the improvements for drainage and for street improvements in Robb Road and Lot "A" as called for by said Conditions of Approval (except that the developer shall continue to maintain the retarding basins within Tentative Tract 18719 until completion of Lateral "A" of the Lincoln Street Channel). E. Use of Drainage Fees. The drainage fees which are collected on a per lot basis upon the recording of all phases of Tract 18719 shall be committed to and used by the City of Lake Elsinore only for the construction of the Master Plan Drainage Facilities which are directly related to receiving storm water conveyed by Tract 18719. F. Excess Capacity Reimbursement. The storm drain improvements to be built by the developer include capacity in excess of the requirements for Tentative Tract 18719. Accor- dingly, the City of Lake Elsinore agrees to cooperate with devel- oper in establishing a reimbursement procedure for such excess capacity, as well as for any other improvements installed by the developer which include capacity in excess of the needs of Tenta- tive Tract 18719. Developer shall also be entitled to reimburse- ment from any assessment district which is formed to install improvements already made by the developer, if the developer is required to contribute to such district. IN WITNESS WHEREOF, the Subdivider has caused this Addendum to the Agreement to be executed this `1'k day of 7' 1986. rJ DEVELOPER: LNC PROPERTIES, LTD., NO. 6, a, California limited partnership By: PREMIER HOMES, INC., a California corporation r By:L,�t. t Its: rc S L' CITY: CITY OFELSINORE By< < r, C Orr LawElsinore ATTEST: AIFECKEDVr, Ann Money, City Cle City Manty of Lake Elsinore City of ore -5- AOEPIOA ITE/M N0. F=GFi �—OF1� REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: MAIN STREET (FLINT TO SUMNER) LANDSCAPE IMPROVEMENTS 1 PREPARED BY: / APPROVED: R y O'Donnell Ron Kirchner Senior Civil Engineer Director of Public 11 Services APPROVED: V^ Ron M lendyk City Manager BACKGROUND This project was authorized by the City Council on January 23, 1990 and funded by Gas Tax Revenue. The work consisted of the installation of irrigation and turf along both sides of Main Street from Flint to Sumner Street. SUMMARY The contractor completed the work as specified in the contract on April 25, 1990. The records indicate that this project was completed within the allowable number of working days. FISCAL IMPACT The original total construction cost was $99,495, which was funded by Gas Tax Revenue. The adjusted total, including $6,328.00 in change orders, is $105,823.00. Adequate funds are available for this project. 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. AGENDA ITEM NO. PAGE _/ OF 'L 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, CA 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 City of Lake Elsinore 130 S. Main Street, Lake Elsinore 6. A work of improvement on the property hereinafter described wasompleted o 4-25-90 The work done was: Lakdscape Improvements on gain O in o umner 7. The name of the contractor, if any, for such work of improvement was Hines Construction Company 1-23-90 (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 El s i no re County of Riverside , State ofCalifornia, and isdescribed asfollows: Main Street Landscaping 9. The street address of said property is Main Street Flint to Sumner (If no street address has been officially assigned. insert "none".) Dated: Verification for Individual Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the 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 _, 19—, at California. (Date of signature.) (City where signed.) NOTICE OF COMPLETION—WOLCCTTS FORM 1114 --Rcv 6.74 (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) A`IENQA ITEM N0. (C 12AGE c 01 �oe or larger REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: LAKEPOINT PARK ATHLETIC LIGHTING PROJECT PREPARED BY: lkjoi tl0APPROVED: t t-., a O'Donnell Ron Kirchner Senior Civil Engineer Director of Public Services (::;APPROVED: 'fL(.. ' �J Ron Mole dyk City Manager BACKGROUND The project was authorized by the City Council on December 26, 1989 and budgeted in Capital Project Account 4810. The work consisted of the installation of lighting for the existing soccer field and two youth/adult baseball fields. SUMMARY The contractor has completed the work as specified in the contract on April 13, 1990. The records indicate that this project was completed within the allowable working days. FISCAL IMPACT The funding from this project was from Park Fees and Block Grant funds. The total amount of the construction cost was $191,286.00. 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. ^,-NOA ITEM NO. PAGE _L OF 15 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO F 7 Name Street Actress City & State L NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be fled 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, CA 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 City of Lake Elsinore 130 S. Main St., Lake Elsinore 6. A work of improvement on the yroperty hereinaftr desVib d was cgmp(eted,on 4-13-90 The work done was: Installation of Baflfie�ld Lighting 7. The name of the contractor, if any, for such work of improvement was Pacific Electric Company 1-9-90 (If no contractor for work of improvement as a whole, Insert "none".) 8. The property on which said work of improvement was completed is in the city of County of Riverside , State of California. and is described as follows Lake E 1 s i n o rte of Contract) Lakepoint Park 9. The street address of said property is 420 E. Lakeshore Drive (If no street address has been officially assigned, insert "none".) Dntpd Verification for Individual Owner VERIFICATION Signature of owner or corporate officer of owner named in paragraph 2 or his agent 1, the undersigned, say: I am the 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 ,19—, at California. (Date of signature.) (City where signed.) NOTICE OF COMPLETI ON --WOLCCTTS FORM 1114 RF: 6--14 (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) AGPNIDA ITEM NO. �3� PAGE `� G� y laver AM AMICO is tie surety on bond number 33M 755 021 00 PACIFIC ELECTRIC COMPANY , Contractor for LAKEPOINT PARK PHASE III CONTRACT AMOUNT $191,286. Please complete and return this form with current job status information. Thank you. IF THE CONTRACT HAS BEEN COMPLETED: Completion Date Acceptance Date Final Contract Price Work s.tistactory?Labor�^o Material Bills Paid? ..;e , $ 1-371,2M5, 1 Yes El N0 Yes ❑ No IF THE CONTRACT HAS NOT BEEN COMPLETED: Anticipated Completion Work Progressing Satisfactorily? Bills Being Paid? Work Completed to Date Amount Paid to Contractor of $ D t El Yes [I No El Yes ElN (Percent) 0/0 -- - Print You, Name CITY OF LAKE ELSINORE CITY E'GINEER 130 S. MAIN ST. LAKE ELSINORE, CA 92330 L STATUS REPORT 05/15/90 P;GENr?A ITEM NO. PAGE 3 OF REPORT TO CITY COUNCIL DATE: JUNE 12, 1990 SUBJECT: DEDICATION OF ADDITIONAL RIGHT OF WAY PREPARED BY:� RON KIRCHNER DIRECTOR OF PUBLIC SERVICES APPROVED BY: RON MOL NDYR CITY MANAGER BACKGROUND These projects were approved by the Design Review Board and conditioned to make additional right of way dedications. SUMMARY As noted below, the documents, thereby Attachment "A" Attachment "B" Attachment "C" Attachment "D" FISCAL IMPACT None following projects have submitted the appropriate satisfying the Engineering Department requirements. 29740 Denny Drive Realty Center 29600 Nichols 16364 Stevens Scott/Hernandez Summers/Manfredi Holl/Hanna O'Daly RECOMMENDATION Staff recommends that the City Council accept the documents for recordation and authorize the City Clerk to execute same. FISCAL IMPACT None RECOMMENDATIONS Staff recommends that the City Council accept the documents for recordation and authorize the City Clerk to execute same. AGENDA ITEM NO. Q PAGE OF 'r RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: rE k UW City of Lae Elsinore STNS 130 South Main Street CITY. Lake Elsinore, CA 92330 STATE LP L J Title Order No. Escrow No. EASEI•:.4.'N7 GRANT DEED ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ • computed on full value of property conveyed, or O computed on full value less liens and encumbrances remaining at time of sale. SlgNtun of D¢larani a Agent Deurmmng Tax. Firm Narrr FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, 1(We), c &Alice Scott & (NIM at gnnmgsll Ang Scott) as Joint Tezaa.nts grantto the City of Lake Elsinore 01M Of grameeis) ) all that real property situated in the City of Lake Elsinore (or in an unincorporated area of) Riverside County, California, (NIM 01 County) described as follows (insert legal description): A Slope Easement described as follows: The Westerly ten feet of the For Lot 91 MB 015/080,the Southerly ten feet of Lot 93 MB 015/080 Country Club Heights,in the City of Lake Elsinore,County of Riverside,State of California. ADDRESS: 29740 Denny Drive, Lake Elsinore, California Assessor's parcel No. 375022060-1; 375022061; 375022062; Executed on Mau 30, ,19 90, at STATE OF CALIFORNIA COUNTY OF Riverside On this 30t1day of Mau , in the year 199SL, ueiom uie. the undersigned, a Notary Public in and for said State, personally appeared Angela W. Hernandez (Scott), Rex Y. Scott And Alice Scott . personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowl. edged to me that —thi!L executed it. WITNESS S 7,hand and official sea Notary Pu7lic in and for saidl ate Alice Scott RMSEAL RYNING CALIFORNIAOUNTY MAR 8, 1993 (This area for official notarial seal) MAIL TAX STATEMENTS TO NAME ADDRESS ZIP ._._...___........._ ....n ui ...n w.�• aM .�NIMICN�gaS YappOWlib iM A I r woEcons waw na—w.. 12-Mtaw UT AGS""„ner AGNt GaAnTDEED ATTACHMENT "A"— PACE tCOTrc. RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: F ESCROW NO. TITLE ORDER NO. Tile undersigned grantor(s) declare(s : Documentary transfer tax is S N0 A.P.N. ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of ,and By this instrument dated July 26, 1989 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED DONALD A. SUMMERS AND EVERETT L. MANFREDI hereby GRANTS to CITY OF LAKE ELSINORE the following described real property in the CITY OF LAKE ELSINORE County of RIVERSIDE , State of CALIFORNIA ,for a valuable consideration A 20 FOOT DEDICATION TO THE CITY OF LAKE ELSINORE ALONG THE EASTERLY 20 FEET OF LOTS 265, 266, AND 267 OF COUNTRY CLUB HEIGHTS UNIT A, AS SHOWN BY MAP ON FILE IN BOOK 16 PAGE 59 THROUGH 61 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA IN SECTION 35, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, ALSO IN RANCHO LA LAGUNA. STATE OF CALIFORNIA, COUNTY OF RIVERSIDE On MAY 23, 1990 before me ss the undersigned, a Notary Public in and for said County and State, personally appeared DONALD A. SUMMERS AND EVERETT L. MANFREDI proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she they executed the same. WITNESS my nd andWITNESS my and oftid�l swlsual. OFFICIAL SEAL ` DEMSE M. !ONES NOTARY PUDUC - CALFORNIA RIVERSIDE COUNTY „ A My Corm. Expires Juy 2, 1993 _ wa..10Jrz. MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: If: NO PARTY IS SHOWN uAjL. AS DIRECTED E ASE, �h APD730 Name ATTACHMENT "B" OF RECORDING REQUESTED By ' 2tz!o:'O1E! t 1i LLW.AND WNEN MALL TNti OEEO ANO. UNKii OTNERWIiE MOWN OELOW, MAIL TAX IsTATEMErITa TO, Wrar�� 11r Lt1KE Fib's M1J�E _I STNCgv Al "O t'Sb -S. Ntff N S T , Cm L(�%i G�SiWOKEt�a).-llZ�.� at.L Title Order N- _.-•—• Escrow No .... _._.. _.. GRANT .OF EASEMENT This spoce for Recorders use THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is S 0 _unincor rated area Cl City of Parcel No. �� i?Z-044--• 0 computed on full value of property conveyed, or 0 computed on full value less value of bens or encumbrances remaining at time of sale. and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowle�cd, c.c it S!e>-ej LG M.i.d A,%,j Nra,e()" yo �Yi7unrA V W At A /rt EQ /NAeJ, I RS 76",.4 rcejAT-,s herebyGRAIA'T(S) toTt4Y Cit Orr LSi A CZ (y Lvltcr G the following described real property in the ( r� O F La e -z county of ?:10 ers i O o state of California: An easement over a 10' wide strip of land, for slope construction and maintenance purposes, said strip of.land more specifically described as: The Southwesterly 10 feet of Lot 515, Unit "A" Country Club Heights, Elsinore, as shown by Map Book 16, Pages 59, 60 & 61, on file in the office of the County Recorder, Riverside County, California. Dated STATE OF CALIF RNIAA COUNTY OF ) �On th' day of in the year . before me. the undersigned. a Notary Public in and fpr said -County and Sutt, person11 red red^_ .*..}�Z� personally known to me (or proved to me on the basis of satisfactory evidence) o be the person whose name tubu cd to the within instrument and acknowledged that Aexecuted the same. \ (_ Name tlypeo or rnntcar Notary Public in and for said County and State {W&AT FILYD FOR RY 1SCORT: TrUCoMPANY BY Oi1AMtifCOWTwat ONLY. IT HAS f OT OA1 -.....L,.uw oR ASTO frR41s"r T9F�T EOFFICIAL SEAL L SCAMPORINO NOTARY PUBLIC - CALIFORNIA �`T 07Y4= CO'lNTY fly omm. expires UAY 10, 1991 FOR NOTARY SEAL OR STAMP ... �., a•/,,, f\\1,, �, .. „1,L. 1C 11^ DAVIV ell e TAX STATEAfENTS TO PAT—" ATTACHMENT "C" \_me ABOY RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS T0: rE City of Lake Elsinore STREET 130 S. Main Street CITY. Lake Elsinore, CA 92330 STATE LP L J Title Order No. Escrow No. EASEMENT GRANT DEED ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ ❑ computed on full value of property conveyed, or ❑ computed on full value less liens and encumbrances remaining at time of sale. Slgrutun of DPclaranl n Agent Determmmg Tu, Firm Name FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), ARTHUR R. and SANDRA L. (name o1 grantor($) I O'DALYe husband and wife as Joint Tenants , grant to the C i of Lake Elsinore all that real property situated in the City of frame Lake E slnc (or in an unincorporated area of) R 1 vers i de County, California, Immo 01 Caunlyl described as follows (insert legal description): A slope easement described as follows: The Southerly ten feet of the Southwesterly rectangular of lots 80 and 81, Unit "G" of Country Club Heights, in the City of Lake Elsinore, County of Riverside, State of California of Map Book as s:iown by map on file in Book 18 at Page 15 thereof of Riverside County, California Address: 16364 Stevens Street Assessor's parcel No. 378-Zi2 -007, OPP Executed on 41171 19_4�D at nT AmQN197111111' STATE OF CALIFORNIA I COUNTY OF I10S ANG= i On this I? day of APRTT. , in the year i9 9Q before me. the undersigned, a Notary Public in and for said State, personally appeared ARTfiUR R O' DALY SANDRA L. O'DALY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person—sOwhose name3 — subscribed to the within instrument, and acknDwl- =SjOFFICIAL edged to me that the-7executed it. UNTY expiresNGEILES RM WITNESS my hand and official seal. Notary Public A antl for said State. (This area for official notarial seal) MAIL TAX TO STATEMENTS NAME ADDRESS ZIP �r.,��WM1 Otitis.aM�Pi1M.M.N►.i� to N�—jFYr WOLC07S FORM 776-- GRANT DEED ATTACHMENT " C I� ..nn MMI to iM morWnlaWiry Y InMii > an PAGE — 4 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL DATE: JUNE 12, 1990 SUBJECT: ACCEPTANCE OF QUITCLAIM DEED FOR WATER RIGHTS PREPARED BY: � �-s�-Lem---�� APPROVED BY: Ron Kirchner Ron Mol ndyk City Engineer City Manager BACKGROUND These projects were approved by the Design Review Board and were conditioned to dedicate underground water rights. SUMMARY The following is a copy of the documents dedicating underground water rights to this agency or its assignees. Attachment "A" 29740 Denny Drive Scott Attachment "B" Chaney APN# 377 150 004 Daniel Development FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council accept the document and authorize the City Clerk to execute the same. AGENDA ITEM h0. � PAGE /" OF e 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 375022o6o-i APN# 375022061 /375022062 For a valuable consideration, receipt of which is hereby acknowledged, Hex Y `'cott & Alice Scott AND Angela W. Hernandez (Scott) 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, 1County or Lot 9of SB 015/080 Riverside, State Club California, described as: Heights; Lot 93 iS:B 015/o80 Country Club Heights unit 20 29740 DennyDrive e E a 11f 92312 Dated 5-30-90 Em STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) On May 30, r 1990 a Notary Public in and for said rela W. Hernandez(Scott), Rex Y. Scott whose names are subscribed W. Hernandez Hex Y. Scott, /l o , , , ,F� -�- Alice Scott before me, the undersigned, State, personally appeared and Alice Scott known to o the withininstrument and me, acknowledged that they executed thee e,.' Witness my hand and official seal OFFICIAL SEAL ADRIA LEE BRYNING m NOTARY PUBLIC - CALIFORNIA RIVERSIDE mlrxTv My rnmm. ex it � ATTACHMENT "A" AGENDA ITEM NO. PAG[ t OF—:!- Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 377-150-004-01 For a valuable consideration, receipt of which is hereby acknowledged, Daniel Development, Inc. 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: Parcel 9 of Parcel Map 21297, as per _ Parcel Map recorded in Book 135, pages 57 to 59 inclusive of Parcel Maps, in the Office of the county Recorder of Riverside County. Dated April 13, 1990 By STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) Donala TJ. DanTej, President On April 13, ,19 90, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald W. Daniel President of Daniel Development, Inc. known to me, whose names are subscribed to the within instrument and acknowledged that they executed the same. Witness my hand and official seal OFFICIAL SEAL ADR LEE BRYNING NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My comm. expires MAR 8, 1993 ATTACHMENT "B" AGE C PAGE <; OF 3 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 26th day of June, 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: 18520 Collier, 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,�CITY CLERK PLEASE PUBLISH ON: �von� 13) 199D Cl, AGEWA ITEM jNO. 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 26th day of June, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: A public hearing to adopt the Short-term Habitat Conservation Plan for the Stephens' Kangaroo Rat; to concur with the County's certification of environmental impact report for the Section 10(a) permit to allow incidental take of the endangered Stephens' Kangaroo Rat in Riverside County; to adopt the implementation agreement and to adopt the agreement regarding allocation of take: and Revision of Ordinance No. 866. 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: June 6, 1990 SIGNED VICKI KASAD, CITY CLERK PLEASE PUBLISH ON: June 13, 1990 AGENDAtTEN NO. 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 26th day of June, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: The City of Lake Elsinore Budget for Fiscal Year 1990-1991. 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: June 6, 1990 SIGNED AC� VICKI KASAD, CITY CLERK PLEASE PUBLISH ON: June 13, 1990 AGENDA ITEM NO. PAGE ' OFT 0-ty o f Imre Elsiftote CITY HALL 130 SOUTH MAIN STREET LAKE ELSINOR E. CALIFORNIA 92330 Telephone (714) 674-3125 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 10th day of July, 1990, in the Lake Elsinore Unified School District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: CONSIDERATION OF THE GRANTING OF AN ADDITIONAL CABLE FRANCHISE TO JONES INTERCABLE OF SAN DIEGO. NOTICE IS FURTHER GIVEN that at said time and place, all interested persons are invited to attend and be heard in favor or or in opposition to said matter, either orally or by written communication to the City Council. For further particulars, all interested persons are invited to call the Office of the City Clerk where information regarding this matter is on file and available for public inspection. DATE: May 31, 1990 PLEASE PUBLISH ON: June 13, 1990% & June 20, 1990 ?ICKI�NJNEA SAD, CITY LERK CITY OF KLSINORE n AGENDA ITEM NO. '� 9 G PAGE. OF I REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: CITY-WIDE LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT PREPARED BY: --ice APPROVED: Ron Kirchner Ron Mole dyk Director of Public City Manager Services BACKGROUND The City Council in 1988 established a City -Wide Landscaping and Lighting District for the purpose of assessing the costs of maintaining these facilities in accordance with the Landscaping and Lighting Act of 1972. FINDINGS This year's Engineer's Report and Assessment Roll has been filed with the City Clerk and have been distributed to the City Council. Copies of the Report and Assessment Rolls are available for public examination in the offices of the City Clerk, Administrative Services, and City Engineer. Attached hereto are Resolutions: 1. Resolution ordering the preparation of plans, assessment, report. (Exhibit A) 2. Resolution approving engineer's report. (Exhibit B) 3. Resolution of Intention establishing a Public Hearing on July 24th. (Exhibit C) FISCAL IMPACT All expenses including Engineering and Administration fees are included in the assessments. RECOMMENDATION Staff recommends that Council adopt the attached resolutions. AGEhYJA ITEM NO. J 13 PAGE Z OF /;/ RESOLUTION NO. 9Q, -,5.R, -,5.R, i 1 •'9••'• •. • 7.9M «• • ••� � Y I. Y • tl- • i. " 13 I• ' 71Y •J • •� • i 1 ' al u Y r r• •• • • 1 v • «• •-+ •-. •-.•«717.1 •- • Y' 1}• Y• - •• M• • - M • � 71 � •' r• � • J desires to initiate proceedings for the annual levy of assessments for a street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972,11 being Division 15, Part 2 of the Streets and Highways Code of the State of California, in what is knorm and designated as M • • 71 1 •' \• • • • ' 71 C 1 1 Y• (hereinafter referred to as the "District"); and, WHUZEAS, the proceedings for the annual levy of assessments shall relate to the fiscal year oolmmncing July 1, 1990, and ending JUne 30, 1990; and, WHEREAS, there has been submitted to this City Council for its consideration at this time, a map showing the boundaries of the area affected by the levy of the assessment for the above referenari fiscal year, and the territory proposed to be annexed, said map further showing and describing in general the works of inprovenent proposed to to be maintained in said District, said description being sufficient to identify the works of Page 1 of 3 A":nA ITEM NO. EXHIBIT A PAGE '2- nr-�-L— improvement and the areas proposed to be assessed for said maintenance thereof; and, Yd-IFRMS, the provisions of said Division 15, Part 2 require a written "Report," consisting of the following: 1. Plans and specifications of the area of the works of improvement to be maintained; 2. An estimate of the costs for maintaining the improvements for the above referenced fiscal year; 3. A diagram of the area proposed to be assessed; 4. An assessment of the estimated costs for maintenance work for said fiscal year. NOW, SORE, BE TT RESOLVED that the City Council of the City of lake Elsinore does hereby resolve, determine and order as follows: S=ON 1. That the above recitals are all true and correct. SECTION 2. 4hat a map, entitled as submitted to this City Council, showing the boundaries of the proposed area to be assessed and showing the works of improvement to be maintained, is hereby approved, and a copy thereof shall be on file in the Office of the City Clerk and open to public inspection. The proposed parcels and properties within said area are those to to be assessed to pay certain of the costs and expenses for said maintenance work. Page 2 of 3 A':ENDA ITEM 2NO..LL PAGE " OFA SECMCN 3. That the proposed maintenance work within the area proposed to be assessed shall be for certain street lighting improvements, as said maintenance work is set forth in the "Report" to be presented to this City CoL=il for consideration. SECTION 4. That BSI, CDNSL=ONS, INC., is hereby ordered to prepare and file with this City Council, a "Report" relating to said annual assessment and levy in accordance with the provisions of Article IV, c=,encing with Section 22565 of Chapter 1 of the Streets and Highways Code of the State of California. S=TON 5. That upon completion, said "Report" shall be filed with the City Clerk, who shall then sukmit the same to this City Council for its consideration pursuant to Sections 22623 and 22624 of said Streets and Highways Code. day of 1990, by the following vote: GARY NA-SHBUFV, MAYOR MY • ♦ 71 •• LVA IF*1.11 M AM�IN I• • • • M 7P " V W41LOJ W 7.1 I M M M 4.•' � JOHN R. HARPER, CM =RNEY 13 Page 3 of 3 NAGE 0*z:�— ASI119 • v Ili � '�� i• AM w • • 91 ■ •- I, VICKI LYNNE K%SAD, CITY a= of the CITY OF LAKE ECSINORE, CUZFORNIA, DO H=Y CE IFY 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, arra that the same was passed and adopted by the following vote: AYES: a u ■ to r a• EXEC ID this day of , 1990, at IAI<E ELSINORE, California. a • 1 a • • w • 91 • '•' AGrNDA ITEM NO. PAGE �= OF 1 RESOLUTION NO. 90-5 �.. .I i11111100 «. .•..ii � I a •ala' •a•••a •;' i r• I• •• « pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, did, by previous Resolution, order the preparation of an Engineer's "Report" for the annual levy of assessments, consisting of plans and specifications, an estimate of the cost, a diagram of the district, and an assessment relating to what is now known and designated as (hereinafter referred to as the "District") ; arra, WHEREAS, there has naa been presented to this City Council the "Report" as required by said Division 15 of the Streets and Highways Code and as previously directed by Resolution; and, WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and docunIents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received frvan the maintenance to be performed, as set forth in said "Report." NOW, THEREFORE, BE TP RESOLVED that the City Council of the City of lake Elsinore does hereby resolve, determine and order as follows: sD=oN 1. That the above recitals are all true and correct. Page 1 of 2 r.'7F,-)A ITEM NO.�, J, EXHIBIT B PAGE ( OF1 following: SB=ON 2. That the "Report" as presented, consisting of the A. Plans and specifications; B. Estimate of cost; C. Diagram of the District; D. Assessment of the estimated cost; is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, arra the minutes of this meeting shall so reflect the presentation of the Engineer's "Report." day of , 1990, by the following vote: AYES: NOES: ABSENT: ABSIENPATIONS: • W W,%q 20 ]I \ • • r� I I P •� r a9 JJA 219 Page 2 of 2 ,r,^E'•)DA ITEM NO. PAGE p • a' U I, VICKI LYNNE 19MD, CITY CLERIC of the CITY OF IAKE ELSINORE, CALIFORIUA, DO BEREBY CIF=Y that the foregoing Resolution, being Resolution No. was duly passed, approved, and adopted by the City Council, approved aryl is ned by the Mayor, and attested by the City Clerk, all at the meeting of said City Council held on the day Of 1990, arra that the same was passed and adopted by the following vote: NOES: EXECUPED this day of , 1990, at IARE ECSINORE, California. [SEAL] M • I ••�. • N M a'+ N • 71 1 •- --"74 ITEM NO. PAGE-4;E/ OF� RES0 i«N NO. 90 ' A • • • 1 N .**sees • ]N / I• V / ]I• / • V` I• • has previously formed a street lighting district pm-suant to the terms arra provisions of the "Landscaping and Lighting Act of 197211, being Division 15, Part 2 of the Streets and Highways Code of the State of California, in that is known and designated as (hereinafter referred to as the "District"); and, TA-MUAS, at this time, this City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of jiTprovements within said District; and, MMUAS, at this time there has been presented and approved by this City Council, the Engineer's 17eport1l as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy and annexation. Page 1 of 6 f � r -,JOA ITEM NO. EXHIBIT C PAGe- OF NOW, MiER RE, BE IT RESOLVED that the City Council of the City of lake Elsinore does hereby resolve, determine and order as follows: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SEcMON 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain irprovements, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the "Report" of the Engineer, incorporated herein as a part hereof. ,a'•.4 SECMON 3. That the "Report" of the Engineer regarding the annual levy for said District, which "Report" is for maintenance for the fiscal year 1990-1991, is hereby approved and is directed to be filed in the office of the City Clerk. SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's "Report," and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expense of said maintenance and improvement as estimated in said "Report." Page 2 of 6 AGEtY-A ITEM /NO. _ Ls PAGE COF.,/-� • a. w• guy • • r• / a r w SEcrION 5. The assessments levied arra collected shall be for the maintenance of certain street lighting improvements, as set forth in the Engineer's "Report," referenced and so incorporated herein. SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessr�ents, and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs arra expenses of said District. SPB= FUND SECTION 7. That all monies collected shall be deposited in a special fund known as IISPEXMu CITY OF ELSINORE Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. r.� SBmoN 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City I7 Page 3 of 6 A'` EN -A ITEM NO. PAGE Z./— Z./— -- Council hereby declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of lard within the boundaries of said District, as said District is shown on a map as approved by this City Council arra on file in the Office of the City Clerk, and so designated by the name of the District. 9 1: 9E• • ?:4Y'� SECTION 9. Any lots or parcels of lard known as public property, as the same are defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code of the State of California, which are included within the boundaries of the District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said improvement and maintenance work. as OF JULY, 1990, AT THE HOUR OF 7:30 O'CLOCK P.M., IN THE REGULAR MEETING OF THE 6j&r4CX_W. 210� THE COUNCIL CMSERS, IS THE TIME AND PLACE F= BY THIS CITY COL34M FOR THE HEARING OF PROTESTS OR OWECTIONS IN REFERENCE TO THE ANNUAL = OF ?SS 1? TO THE EXTENT OF 1MAINTENANCE,AND ANY OTHER K�TTERS CONTAINED IN THIS RESOLUTION BY THOSE PROPERTY CWERS AFFECTED HERMY. ANY PERSONS WHO WISH To oBiBC!r To THE PROCEEDINGS FOR ME ANNM MiOULD FILE A WRITTEN PROTEST WnN THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED • • SAM PUBLIC HEARING. SECTION 11. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6066, a copy of this Page 4 of 6 ACENCA ITEM NO. PAGEZ�J� Resolution in the Lake Elsinore, sum Tribune, newspaper of general circulation within said City, said publication shall be not less than ten (10) days before the date set for said Public Hearing. SECTION 12. mat the City Clerk is further directed to cause a copy of the Resolution of Intention to be posted upon the official bulletin board customarily used for the posting of notices. SECTION 13. That this Resolution shall take effect inriediately upon its adaption. SECTION 14. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a proal or technical nature, your attention is directed to the below listed person at the local agency or department so designated: Ron Kirchner, Diretor of Public works CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, California 92330 (714) 674-3124 0.8 =" 2-9 • 0 •00- 2-9 the follaaing vote: AYES: NOES: ABSENT: P.TIONS: day of 1990, by warm a 4YM • •' Page 5 of 6 f A07:4DA. ITEM NO. I PAGEL SOOF 1-"L rwwwdue 71 t •' .V.. t9• l• • v y • a• 9 •• • 21' t• M • � 71 t •' I, VICKI LYNNE Imo.SAD, CITY CLEW of the CITY OF LAKE ELSINORE, CALIFdWIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. was duly passed, approved and adopted by the City Coti=il, 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: EKEa= this day of California. [am] Page 6 of 6 «• 1 0 •• • • «i�• .YY: Y7 • a•.+� s AGENMDA ITEMNO. a ) -3 PAGE , / OF� REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: RIGHT OF ENTRY PERMIT RAILROAD CANYON ROAD PREPARED BY: APPROVED: Ron Kirchner Ron Mol ndyk Director of Public City Manager Services BACKGROUND This project is currently under construction and all required right-of-way within the city limits has been secured. The new roadway will connect to the existing county road in Canyon Lake, and requires a slope easement in the County, to affect this transition widening. That easement will be acquired by the County from the property owner, Elsinore Valley Municipal Water District. FINDINGS As the City cannot accept right-of-way for the County, we have arranged for a Right of Entry permit from the owner to the City, which allows the contractor to build the improvement. The permit also provides that the Grantor will convey a permanent easement to the County upon request. The County has been advised of this. FISCAL IMPACT All costs associated with the project, including acquisition expense, are funded by the Benefit Assessment District. There is no direct cost to the City. Accept the attached Right of Entry Permit and instruct the Clerk to record same. AGENDA ITEM NO. � PAGE-.,/— OF When Recorded Please Mail To City Clerk t City of Lake Elsinore [ 130 South Main Street [ Lake Elsinore, CA 92330 Recorded at Request of City Engineer RIGHT OF ENTRY PERMIT Project: RAILROAD CANYON ROAD Improvement Project CITY OF LAKE ELSINORE Portion Lying Within the Unicorporated Area of the COUNTY OF RIVERSIDE Re: of Right -of-Way forton Ition APNOffsite 354-0 0-020ements Afecting a P Vesting: ELSINORE VALLEY MUNICIPAL WATER DISTRICT, A MUNICIPAL CORPORATION Subject: Slope Easement and Drainage Easement Elsinore Valley Municipal Water District, ("GRANTOR") hereby grants to the CITY OF LAKE ELSINORE, ("GRANTEE") in the County of Riverside, State of California, its agents and contractors the right to enter upon the hereinafter described property and construct support slopes and drainage structures in connection with the improvement of RAILROAD CANYON ROAD. This permit is granted with the acknowledgment that GRANTOR will convey by grant deed the easements described hereinafter to the COUNTY OF RIVERSIDE upon request to do same by said County. GRANTEE shall defend, indemnify and hold harmless GRANTOR and its officials, employees and agents from and against any and all claims, damages, losses and expenses incurred by GRANTEE or any other person as a result of GRANTEE's exercise of its rights under this RIGHT OF ENTRY PERMIT. This permit shall be recorded upon acceptance by the CITY OF LAKE ELSINORE and remain in force and be binding upon the undersigned, its successors or assigns in interest until such time as the easements hereinafter described have been conveyed to the COUNTY OF RIVERSIDE, accepted by said County and recorded. The proposed slope easement and drainage easement referred to above are more particularly described in EXHIBIT'A' and as shown on EXHIBIT'B' and are attached hereto and made a part hereof. P GENA ITEM NO. PAGE o2 OF This RIGHT OF ENTRY PERMIT is granted this 25th day of April, 1990. ELSINORE VALLEY MUNICIP.�L WATER DISTRICT, a municipal corporation IM Treasurer OFFICIAL SEAL STATE OF CALIFORNIA ) m :� NOT a�r�a euccatoan a :ss. RIVERSIDE COUNTY COUNTY OF RIVERSIDE ) MY wmm. expires SEP 11, t°92 lmv,y , 3 On i 1990 before me, the undersigned. a Notary Public in and for said State, personally appeared NANCY SHAFER. personally known to me to be the President, and GARY F. KELLEY, personally known to me to be the Secretary -Treasurer of Elsinore Valley Municipal Water District, the municipal corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. et L. Matson f. cN9A ITEM NO.! 1� PAGE OF_L_ EXHIBIT 'A' LEGAL DESCRIPTION FOR STORM DRAINAGE EASEMENT (E.V.M.W.D.) PARCEL A FILE: 582.45 582-45DR.ESM PAGE 1 OF 2 03/05/90 CW AW/GD BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF SAID SECTION 1. NORTH 89016'26" WEST 1,381.93 FEET TOA POINTTHE ARC OF A 1,945.00 16`26'19" CURVE CONCAVE 30.76 NORTHWESTERLY, A RADIAL FROM SAID THENCE POINT BEARS NORTH 58°46'46" WEST, NORTH SAID POINT ALSO BEING ON THE WEST WESTERLY RIGHT OF WAY OF THAT FEET; CERTAIN 110.00 FOOT WIDE RAILROAD 6. CANYON ROAD RIGHT OF WAY; THENCE 30*49"1 ALONG SAID RIGHT OF WAY 13.70 FEET ALONG THE ARC OF SAID CURVE THROUGH 2. NORTHERLY A CENTRAL ANGLE OF 00`24'13"; SOUTH THENCE TANGENT TO SAID CURVE 3. NORTH 30°49'01" EAST 450.91 FEET TO THE TRUE POINT OF BEGINNING; FEET; THENCE LEAVING SAID RIGHT OF WAY 4. NORTH 16`26'19" WEST 30.76 FEET; THENCE 5. NORTH 33`03'35" WEST 2.71 FEET; THENCE 6. NORTH 30*49"1 EAST 35.79 FEET; THENCE 7. SOUTH 23°22'36" EAST 30.86 FEET; THENCE 8. SOUTH 30°49'01" WEST 39.77 FEET TO THE TRUE POINT OF BEGINNING. CoNTATNS 0.021 ACRES MORE OR LESS AGENDA ITEM /LNO. PAGE _ Z_— OF FILE: 582.45 582-45SL.ESM 03/05/90 CW PAGE 1 OF 2 AW/GD EXHIBIT 'A' LEGAL DESCRIPTION FOR SLOPE EASEMENT (E.V.M.W.D.) PARCEL B BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF SAID SECTION 1. NORTH 89°16'26" WEST 1,381.93 FEET TO A POINT ON THE ARC OF A 1,945.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 58'46'46" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF THAT CERTAIN 110.00 FOOT WIDE RAILROAD CANYON ROAD RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY 2. NORTHERLY 13.70 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00`24'13"; THENCE TANGENT TO SAID CURVE 3. NORTH 30`49'01" EAST 450.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY 4. NORTH 16'26'19" WEST 30.76 FEET; THENCE 5. NORTH 30°30'36" EAST 263.26 FEET; THENCE 6. NORTH 75°43'04" EAST 34.00 FEET TO SAID WESTERLY RIGHT OF WAY OF RAILROAD CANYON ROAD; THENCE ALONG SAID RIGHT OF WAY 7. SOUTH 30°49'01" WEST 308.22 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.153 ACRES MORE OR LESS A3ENDA ITEM N0. _�' .q - PAGE OF LECEMD EXHIBIT "B' INDICATES DRAIAMt ESM'r. TO BE ACQUIRED(PARCELCf` CoWrAI14S COPT AC. IAIoBEOAACQUIRED (PA Rf e1 CO(JTAI/JS 0.153 AC. M.75 -43,04'E. Ey N30.4701'E.35.075' N.33'3'352.7/''W 30 76' JJ�J•'JJ-•0JJ ozo W.D. e o TN23 31.77' PORTION OF RAIL ROAD CANYON ROAD DEDICATED PER DOC. / REC. IN BOOK AS ` 51P O.R. `C \�S9i �o • R4745'L43.70'_ /J.38'46'4.6'W. 0 "36"W. 30-66' 1 / ti os PO B. PARCEL S /'A'O a . RAILROAD CANYON ROAD DEDICATED PER DOC. REC. MAY l7, /949 W BOOK /077 AS F/P 167 0. R. PORTIOM OF RAILROAD C4A Jy0I✓ IPOAD DEDICATED PER DOC. REC. APRIL 14,1977 IMST. NP 63904, 0 R. / 765., R.4 S.B.1\i1. COUNTr_OF RIVERSIDE C/TY OF LAKE immofE M89'/626"W. /38/.93' PJr�, 1JL 7; .,5��• 1 J,T•OP.O.B. PARCELS Wt/)8' SE. COR'sEC. P . 12 ProjectDesign Consultants `I planning and Engineering 1010 Second Avenue. Suite 500, San Diego. CA 92101 619.235.6471 FAX 234'0 49 '/3B DATE G-30-92 AGENDA ITEM N0. PAGE _- OF L- J M. 582.40 REPORT TO CITY COUNCIL DATE: June 12, 1990 SUBJECT: Planning Prepared by:2( ,.. Approved Vicki Kasad City Clerk BACKGROUND Commission accancies by Ron Molekndyk City Manager The Planning Commission terms of Jeff Brown and Tony Gilenson will be expiring the end of June, 1990. Adopted Council Policy requires that Council authorize the City Clerk to advertise for applications and approve the advertisement period. It is proposed that the applications will be accepted June 13th thru June 27, 1990 and appointment of Commissioners scheduled for the July 10th City Council Meeting. Authorize City Clerk to advertise for applications and approve the advertisement period of June 13 thru June 27, 1990. 1� AGENDA ITEM NO. N PAGE `OF--L� REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: FINAL APPROVAL OF PARCEL MAP 24752 PREPARED BY:2 s�APPROVED: Ra O'Donnell Ron Kirchner Senior Civil Engineer Director of Public Services APPROVED: — —� Ron Mol ndyk City Manager The tentative map for Parcel Map 24752 was approved by the City Council on October 10, 1989. Parcel Map 24752 is located on the north side of Casino Drive and south of Railroad Canyon Road. (See Attachment for site location). 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. RECOMMENDATION 1. Approve the final map, subject to the City Engineer's acceptance as being true and accurate. 2. Authorize City Clerk to sign said map and arrange for recordation. AGENDA ITEM NO. PAGE / 0F -- MISSION LAKE R IINME 19 \ \ YUNRY MAP i ^ !TEM NO. PAGE�- REPORT TO CITY COUNCIL DATE: JUNE 12, 1990 SUBJECT: FINAL APPROVAL OF TRACT MAP 24856 PREPARED BY: 011) APPROVED BY: 2, K� Ray O'Donnell Ron Kirchner Senior Civil Engineer Director of Public cservices APPROVED BY: ,k�-,' Ron Molendyk City Manager BACKGROUND Tentative Tract Map 24856 was approved by City Council on October 10, 1989. Tract 24856 is located west of Robb Road, North of Mountain Avenue, and south of Running Deer Street. SUMMARY The final map conforms substantially to the approved tentative map. All 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 City Engineer's acceptance as being true and accurate and subject to the approval of the City of Attorney of indemnification. 2. Authorize City Clerk to sign said map and arrange for recordation. 3. Accept dedication of Underground Water Rights, Lots A through G and the 30 foot wide drainage easement and record with final map. 4. Accept the Memorandum of Agreement for construction which was mistakenly recorded on Lot 43 of Tract 18719-1 and authorize City Clerk to sign said memorandum. AGENDA ITEM NO—Ll- L OF I REPORT TO CITY COUNCIL DATE: JUNE 12, 1990 SUBJECT: FIRST AMENDMENT TO CONSTRUCTION AGREEMENT ADDENDUM FOR TRACT 18719-1 PREPARED BY: Z. azN� APPROVED BY: Ray O'Donnell Ron Kirchner Senior Civil Engineer Director of Public services APPROVED BY:( Ron Mole dyk City Manager BACKGROUND On August 7, 1986, the City accepted and had recorded an Addendum to the Agreement for Construction for Tract 18719-1. Since 1986, the scope of street and storm drain improvements has been changed and a First Amendment to the Addendum is required. SUMMARY The First Amendment complies with the required scope of work and conditions of development. Modifications in the scope of work include: a. Extension of the 60" storm drain past the drainage boundary to permit drainage into the existing drainage swale westerly of the Elsinore Ranch. City will reimburse developer for additionally required storm pipe. b. Installation of a catch basin to intercept the storm flows from the paved 20' drainage easement south of the tract boundary. C. Payment by Developer to the City of "in -lieu" fees for the future construction of that portion of Robb Road that will be constructed as part of the City intersection project at Lakeshore Drive. FISCAL IMPACT 1. The City will reimburse the developer for the additionally required storm drain work. This work has been estimated to cost $ 45,600.00. These funds can be paid out of either the Storm Drain Capital Fees or the West Elsinore Community Facilities District. 2. Developer will provide the City with an "in -lieu" payment for the future Robb Road construction. These street improvements have been estimated to cost $5,900.00. RECOMMENDATION 1. Approve the First Amendment to the Construction Agreement Addendum and authorize the City Clerk to sign said Amendment and have said document recorded. - '. _DA ITEM NO..1 PAGE L_ OF The above referenced Addendum ("Addendum") was entered into by the undersigned parties on August 14, 1986, a copy of which Addendum is attached hereto for reference purposes. The undersigned have agreed to modify the terms of said Addendum as follows: 1. Control of Drainage. Paragraphs 3 and 4 of the provision entitled "Control of Drainage" on page 1 of the Addendum are hereby restated in their entirety as follows: The facilities for Lateral "A" of the Lincoln Street Channel are not now in place and therefore there are no outlet facilities for the Robb Road drainage system of Tract 18719 in which to empty. The City of Lake Elsinore is in the process of establishing an Assessment District for the purpose of funding and constructing the Lincoln Street Channel and its related facilities which will, when completed, provide an adequate outlet for the Robb Road storm drain. A temporary channel has been constructed parallel to Michigan Avenue, closely approximating the alignment of Line C-1 of the Riverside County Flood Control District Master Plan of Drainage for the West End of Lake Elsinore. Along with the construction of this swale, a berm has been erected to further protect the development known as the "Elsinore Ranch". Additional improvements are now proposed by the City of Lake Elsinore to realign portions of Robb Road, Lakeshore and Michigan Avenue (now called Grand Avenue). These improvements will consist of curb and gutters, paving, utilities and the extension of the storm drain system proposed for Tract 18719. 2. Temporary Improvements by Developer. The provision entitled "Temporary Improvements by Developer" on page 2 of the Addendum shall be modified to provide for the following permanent and temporary improvements by the Developer: pf7=_t,.4 ITEM NO. PAGE - OF (a) Street Work. The matters specified as Street Work on page 2 of the Addendum, paragraphs A.1(a) and (b) have been completed by the Developer of Tract 18719. In addition, the Developer will now undertake ultimate Robb Road improvements as specified by the approved Street Improvement Plan of Tract 18719-1, as modified by new intersection plans which have been approved. Such improvements shall be installed by Developer from the intersection of Robb Road with Mountain southward to Station 10+00.00 (originally designated as Station 19+80.00 as per sheet 2A of the approved Street Improvement Plans of Tract 18719-1). The balance of Robb Road street improvements extending southward from Station 10+00.00 to the tract boundary will be installed by the City of Lake Elsinore at a later date. Notwithstanding that such construction shall be performed at a later date by the City, the Developer agrees to pay at this time the cost of such later extension based upon cost estimates determined from the existing approved Street Improvement Plans of Tract 18719-1. Any additional cost for such improvements at the time of installation shall be borne by the City. (b) Storm Drain Work. The paragraph entitled "Storm Drain Work" on page 2 of the Addendum shall be restated in its entirety as follows: (1) Upon completion of items (b)(2), (b)(3) and (b)(4) below, the retarding basins will be dismantled by the Developer and processed to provide buildable residential lots. (2) Pursuant to revised Improvement Plans, the Developer will install a catch basin to intercept storm flows from the paved 20' drainage easement at the south tract boundary as it enters Robb Road. (3) Pursuant to revised Improvement Plans, the Developer will extend the existing 60" storm drain line approximately four hundred feet southerly from the tract boundary to its termination at Station 2+95.00. Upon completion of installation, the City shall reimburse the Developer for the cost of such extension. As an interim measure, the Developer will install a 48" corrugated steel pipe from the termination of the 60" line to transmit storm flows to the existing drainage Swale westerly of Elsinore Ranch. The Developer will also install rip -rap to protect existing facilities from storm runoff at the termination of the temporary line in accordance with the approved Improvement Plans. Following installation of the extension of the 60" line and the temporary 48" storm drain line, the City will own all such -2- '=RMJA ITEM N0. PACE �=L OF/0 improvements and will lines for storm runoff. no further obligation o operate and maintain said The Developer will have r liability in that regard. (4) Previously constructed catch basins that have been blocked will be cleaned and rehabilitated as necessary and the A.C. blocks removed. Any incomplete lateral lines will be completed by Developer to connect catch basins to the storm drain systems. 3. Permanent Improvements (Bonded). Paragraph B on page 3 of the Addendum shall.be deemed modified in accordance• with the foregoing revisions to the Addendum. ement of Permanent Facilities. Paragraph C on page 3 of the Addendum shall be modified as To the extent not covered by the foregoing revisions of the Addendum, the construction of permanent facilities, as modified by Sheets 7A and 7B of the Street Improvement Plans for Tract 18719-1 shall begin as soon as appropriate Improvement Plans have been approved by the City of Lake Elsinore and any required easements have been obtained. 5. Bonds. Paragraph D on page 4 of the Addendum shall be amended to provide that following completion of the improvements called for by the Addendum, as amended, the bonds posted by the Developer shall be released and the Developer will be relieved of any duty to install or maintain additional drainage or street improvements for Tract 18719. 6. Continuing Effect. Except as amended and modified by this document, the Addendum shall remain in full force and effect. -3 -="nA ITEM N0. PAGE OF �� IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day of , 1990. ATTEST: DEVELOPER: LNC PROPERTIES LTD. NO. 6, a California limited partnership By: PREMIER GROUP, INC., a California corporation, its General Partner By: Pierre LePendeven Its: President CITY: CITY OF LAKE ELSINORE By: Mayor, City of Lake Elsinore CHECKED BY: City Clerk, City Manager, City of Lake Elsinore City of Lake Elsinore EXHIBIT F CJ C CITY C' 1::: 7. 1.;::; ! ST. LAKE E!S!N'J)nE, CA 92330 UM TO AGREEMENT FOR CONSTRUCTION CF IMPROVrMENT.S FOR T-r_ACT :8719-1 The above referenced Agreement is modified by this Addendum, which shall be deemed incorporated in said Agreement as follcws: Control of Drainage. The majority of Tract 18719 lying northerly of Mountain Street and the property to the north of the tract drains to a defined swale across Lot I of Tract 18719-1 and flows easterly across Robb Road. Once the flows reach Robb Road the patterns are less defined but generally flow to the south- east. Some of the flow is contained in Robb Road with the major- ity flowing in a random pattern. Condition #44 of the Conditions of Approval for Tract 18719 state"Drainage from Tract 18719 shall be contained on the west side of Robb Road to allow for elimination of the drainage culvert crossing Robb Road between Mountain Street and Lot "A` (street)." To meet this requirement it was necessary to design an underground drainage system to outlet into the northerly ter- minus of Lateral "A", Lincoln Street Channel as shown by Flood Control & Drainage Plan, Watershed Boundaries, N.W. Lake Elsi- nore, as prepared by the Riverside County Flood Control and Water Conservation District. The facilities for Lateral "A" of the Lincoln Street Channel are not now in place, therefore there are no outlet faci- lities for the Robb Road drainage system of Tract 18719 in which to empty. The City of Lake Elsinore is in the process of estab- lishing an Assessment District for the purpose of funding and constructing the Lincoln Street Channel and its related facili- ties which will, when completed, provide an adequate outlet for the Robb Road storm drain. In the meantime it is proposed to (1) maintain the status quo of the surface improvements of Robb Road to preclude the possibility of diversion or some other kind of potential damage problems to the downstream properties, (2) the construction of Robb Road drainage system will be delayed until the Lincoln Street Channel facilities are available, (3) that temporary retention basins will be constructed throughout Tract 18719 to reduce the flow to Robb Road from the newly graded or developed tract to an equivalent 10 year flow prior to develop- ment,'and (4) temporary paving will be provided for the connec- tion of Mountain Street and Lot "A" (street) to Robb Road.. The temporary improvements will remain in place and will be maintained by the developer until the permanent surface improvements and drainage facilities are in place, or as provided otherwise below. AGENDA ITEM NO. PAGE ® OF Based on the foregoing facts, it is agreed that the Conditions of Approval- for Tract 18719 shall be modified to accommodate the delay in completion of Lateral "A" of the Lincoln Street Channel, and in that regard, the following schedule of improvements and procedures shall apply: A. Temporary Imorovemente by Developer. The Developer of Tract 18719 shall undertake the following Temporary Improvements: 1. Street Work a. Mountain Street improvement shall include the cross -gutter and curb return at Robb Road. Temporary match -up paving shall be installed between the new work and the existing pavement on Robb Road, including the southbound acceler- ation lane (as shown on Exhibit B). b. The curb returns at Lot "A" and Robb Road shall be constructed with permanent paving on Lot "A" ex- tended to a line connecting the Robb Road ends of the curb re- turns. Temporary match -up pavement shall be placed between the_ Robb Road existing paving and the new paving and curb returns for Lot "A". Southbound deceleration and acceleration lanes shall be provided (as shown on Exhibit B). 2. Storm Drain Work a. The developer shall maintain existing drainage condition on Robb Road from Mountain Road to the east extension of the south tract boundary. b. Construct and maintain retarding basins developed upstream within Tract 18719 (as shown on Exhibit £). C. Receive and convert to sheet flow drain- age from south tract boundary and paved 20 foot drainage easement arriving at Robb Road (see Exhibit C). d. Provide a grade to drain ditch along the southwesterly line of the existing curve from Robb Road .to Lake Shore Drive, provided consent can be obtained to enter upon property not owned by the developer (see Exhibit C). e. Provide A.C.-closure of future catch basin location at station 6+78 on the north side of Lot "A" and stations 6+69 and 7+31 on the south side of Lot "A" (see Exhibit f. Place masonry bulkhead at each end of Line B under Lot "A" (street) at station 6+90+ (as shown on Exhi- bit D). -2- AGENDA ITEM NO. PAGE - - OF-/ 4— B. Permanent improvements (Bonded). At the tire specified at paragraph C below, developer shall undertake the following: 1. Street work a. These improvements shall include curb and gutters and driveway approaches constructed along the westerly side of Robb Road (as shown on Exhibits F & G). b. A.C. paving shall be constructed from curbs to centerline of Robb Road (as shown on Exhibits A, F & G). C. Install highway lighting (street lights) (see Exhibits F & G). 2. Storm Drain Work a. Inlet structure along the westerly side of Robb Road, station 15+50, shall be constructed (see Exhibit H). _ b. Construct underground pipe commencing at Station 15+50 at Robb Road (as shown on Exhibit H). C. Construct catch basin Station 16+00 at Robb Road (see Exhibit H). d. Construct catch basins on each side of Lot "A" (street) and remove temporary A.C. berm at curb and remove temporary bulkhead at each end of Line B under Lot "A" (see Exhibit H). e. Install underground drain Line B at 6+97, Lot "A", and extend to manhole in Robb Road (see Exhibit H). f. Provided consent can be obtained to perform work on property not owned by the developer, continue underground drain to easterly extension of the south boundary of Tract 18719-1 and join Lateral "A" of the Lincoln Street Channel provided by the Assessment District (see Exhibit H). q. Close and reconstruct to usable lots all retarding basins constructed on lots throughout Tract 18719 (see Exhibit E). C. Commencement of Permanent Facilities. The con- struction of the permanent facilities shall begin at time of completion of the Lincoln Street Channel by the Assessment Dis- trict. AGSM DA ITEM NO. I PAGE _jJL OFZ. D. Bonds. As the various bonded temporary and perna- r.ent irprovenents are completed, the developer shall be entitled to apply for and receive approval for reduction of bond amounts from time to time upon a showing of satisfactory evidence that such improvements have been completed in accordance with approved plar.s. The bonds posted for Improvements shall be held by the City for a naximum of 2-1/2 years from recording of the first map for Tentative Tract 18719. should the Assessment District not be in a position to complete their facilities to receive the drain- age flow from Tract 18719 stormdrairs at the end of said period, the funds bonded shall be released to the City of Lake Elsinore. Such funds shall be reserved and used for flood control and street improvement purposes only within Lot "A" and that portion of Robb Road located between Mountain Road and the east extension of the south tract boundary. Upon release of the bond funds to the City of Lake Elsinore, the developer of Tract 18719 will be relieved of any duty to install or maintain any of the improve- ments called for by the Conditions of Approval of Tract 18719, including without limitation, the improvements for drainage and for street improvements in Robb Road and Lot "A" as called for by said Conditions of Approval (except that the developer shall continue to maintain the retarding basins within Tentative Tract 18719 until completion of Lateral "A" of the Lincoln Street Channel). E. Use of Drainage Fees. The drainage fees which are collected on a per lot basis upon the recording of all phases of Tract 18719 shall be committed to and used by the City of Lake Elsinore only for the construction of the Master Plan Drainage Facilities which are directly related to receiving storm water conveyed by Tract 18719. F. Excess Capacity Reimbursement. The storm drain improvements to be built by the developer include capacity in excess of the requirements for Tentative Tract 18719. Accor- dingly, the City of Lake Elsinore agrees to cooperate with devel- oper in establishing a reimbursement procedure for such excess capacity, as well as for any other improvements installed by the developer which include capacity in excess of the needs of Tenta- tive Tract 18719. Developer shall also be entitled to reimburse- ment from any assessment district which is formed to install improvements already made by the developer, if the developer is required to contribute to such district. -4 --�7 _i1/) IN WITNESS WHEREOF, the Subdivider has eqused this Addendum to the Agreement to be executed this `i'h day of %✓fit- 1986. U DEVELOPER: LNC PROPERTIES, LTD., NO. 6, a,Cali£ornia limited partnership ' By: PREMIER HOnS, INC., a California corporation r By: Its• CITY: CITY OF LAKE ELSINORE _ By c r, Ci a Elsinore AT -TEST: CKED Ann Money, City Cle City Ma ty of Lake Elsinore City of r, e Elsinore -S- �GENOA ITE M NO. OF.Ls j ��J P .GFS I REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: MAIN STREET (FLINT TO SUMNER) LANDSCAPE IMPROVEMENTS PREPARED BY APPROVED R y O'Donnell Ron Kirchner Senior Civil Engineer Director of Public II Services APPROVED: 6 ~� N Ron M lendyt City Manager BACKGROUND This project was authorized by the City Council on January 23, 1990 and funded by Gas Tax Revenue. The work consisted of the installation of irrigation and turf along both sides of Main Street from Flint to Sumner Street. SUMMARY The contractor completed the work as specified in the contract on April 25, 1990. The records indicate that this project was completed within the allowable number of working days. FISCAL IMPACT The original total construction cost was $99,495, which was funded by Gas Tax Revenue. The adjusted total, including $6,328.00 in change orders, is $105,823.00. Adequate funds are available for this project. 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. AGENDA ITEM N0. PAGE / OF ';L RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO r- 7 Name Street Address City g !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, CA 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 o1 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 City of Lake Elsinore 130 S. Main Street, Lake Elsinore 6. A work of improvement on the property hereinafter described wasompleted o 4-25-90 . The work done was: Lakdscape Improvements on gain (F in o umner 7. The name of the contractor, if any, for such work of improvement was Hines Construction company (If nc contractor for work of improvement as a whole, insert ' none'.) 8. The property on which said work of improvement was completed is in the city of County of Riverside , State of California, and is described as follows 9. The street address of said property is naforf Verification for Individual Owner I, the undersigned, say: I am the 1-23-90 (Date of Contract) Lake Elsinore Main Street Landscaping ain Street (Flint to Sumner (If no street address has been officially assigned, insert "none".) VERIFICATION re of owner or corporate officer of owner named in paragraph 2 or his agent 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 _,19—, at California. (Dale of signature.) (City where signed.) NOTICE OF COMPLETION— WOLCCTTS FORM Ilto Rr, 6 TG (Personal signature of the Individual who is swearing that the contents of the notice of completion are true.) AGENDA ITEM N0. �C PAGE Gtr--�,,ve or larder REPORT TO CITY COUNCIL JUNE 12, 1990 SUBJECT: LAKEPOINT PARK ATHLETIC LIGHTING PROJECT PREPARED BY: :52! h/ APPROVED: a O'Donnell Ron Kirchner Senior Civil Engineer Director of Public .Services �' kAPPROVED: ~� Ron Mole dyk City Manager BACKGROUND The project was authorized by the City Council on December 26, 1989 and budgeted in Capital Project Account 4810. The work consisted of the installation of lighting for the existing soccer field and two youth/adult baseball fields. SUMMARY The contractor has completed the work as specified in the contract on April 13, 1990. The records indicate that this project was completed within the allowable working days. FISCAL IMPACT The funding from this project was from Park Fees and Block Grant funds. The total amount of the construction cost was $191,286.00. 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. ^GENOA ITEM NO.—,)r PAGE_ / OE_� RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO F 7 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, CA 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 e.ample. "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 City of Lake Elsinore 130 S. Main St., Lake Elsinore 6. A work of improvement n the property hereinaft r despb d was cgmpeted,on 4-13-90 The work done was: Instalplation of Ba�lfie�id LigO ing 1. The name of the contractor, if any, for such work of improvement was Pacific Electric Company 1-9-90 (If no contractor for work of improvement as a whole, Insert "none".) 8. The property on which said work of improvement was completed is in the city of D;r side (Date of Contract) Lake Elsinore County of v e State of California, and is described as follows: Lakepoint Park 9. The street address of said property is 420 E. Lakeshore U r i v e (If no street address has been officially assigned, insert "none".) natPa. Verification for Individual Owner VERIFICATION I, the undersigned, say: I am the Signature of owner or corporate officer of owner named in paragraph 2 or his agent 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 ,19—, at California. (Date of signature.) (City wnere signed.) NOTICE OF CCVPLET, ON- WOLCCTT$ FOR 1114 R.: 6 1C (Personal signature of the individual who is swearing that the contents of the notice at completion are true.) AGG 17)A ITEA4 NO. Z\ l— PAGE -2-- OF 3 , is the surety on bond number 3SM 755 021 00 AM AMICO PACIFIC ELECTRIC COMPANY , Contractor for LAKEPOINT PARK PHASE III CONTRACT AMOUNT $191,286. Please complete and return this form with current job status information. Thank you. IF THE CONTRACT HAS BEEN COMPLETED: Completion Date �3 I Acceptance Date Final Contract Price Wor�k satistadory? Labore�d Material Bills Paid? -,)I a $ / l0 LvYes ❑ No G�"Yes El No �IF THE CONTRACT HAS NOT BEEN COMPLETED: 'ng Being ork Completed to Date Amount Paid to Comractor Anticipated Completion rY@S ressingOSaNOgorily? B(]sY@S Paie�Percent) u/0 $ Date 0 Print Your Name CITY OF LAKE ELSINORE CITY ENGINEER Signature 130 S. MAIN ST. LAKE ELSINORE, CA 92330 DATE: L (PHONE NO.:� STATUS REPORT 05/15/90 - -- - ------------------ P,3ENOA ITEM NO. PAS- OF — REPORT TO CITY COUNCIL DATE: JUNE 12, 1990 SUBJECT: DEDICATION OF ADDITIONAL RIGHT OF WAY PREPARED BY: Z RON KIRCHNER DIRECTOR OF PUBLIC SERVICES APPROVED BY: (2 L--- RON MOL NDYR CITY MANAGER BACKGROUND These projects were approved by the Design Review Board and conditioned to make additional right of way dedications. SUMMARY As noted below, the following projects have submitted the appropriate documents, thereby satisfying the Engineering Department requirements. Attachment "A" Attachment "B" Attachment "C" Attachment "D" FISCAL IMPACT None 29740 Denny Drive Realty Center 29600 Nichols 16364 Stevens Scott/Hernandez Summers/Manfredi Holl/Hanna O'Daly RECOMMENDATION Staff recommends that the City Council accept the documents for recordation and authorize the City Clerk to execute same. FISCAL IMPACT None RECOMMENDATIONS Staff recommends that the City Council accept the documents for recordation and authorize the City Clerk to execute same. AGENDA ITEM NO. PAGE OF %r RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEEDAND. UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS To: rE City of Lake Elsinore 999 130 South Main Street ADDRESS or.. Lake Elsinore, CA 92330 STATE L J Title Order No. Escrow No. EASENLL'D'T GRANT DEED ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ O computed on full value of property conveyed, or O computed on full value less liens and encumbrances remaining at time of sale. &jNIW, of peUirNl IX Agent belNrruMng Tia -win Mine &Alice Scott & FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), m„I A licI AngScott) as Joint Tenants grant to the City of lake Elsinore INme or o Lake Elsinore &mtmisl ) all that real property situated in the City of , Riverside County, California, (or in an unincorporated area of) described as follows (insert legal description): A Slope Easement described as follows: The Westerly ten feet of the Por Lot 91 n 015y080,the Southerly ten feet of Lot 93 n 015/080 Country Club Heights,in the City of Laine Elsinore,County of Riverside,State of California. ADDRESS: 29740 Denny Drive, Lake Elsinore, California Assessor's parcel No. 375022060-1; 375022061; 375022062; Executed on Mao 30 1990, at STATE OF CALIFORNIA COUNTY OF Riverside On this 30t1DaY of Ma L, , in the year 19-z(L.7eu'o r the undersigned. a Notary Public in and for said State, Personally appeared An ela W. Hernandez (Scott), Rex Y. Scott And Alice Scott , personally known to me (or proved to me on the Danis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowl- edged to me that tbdi executed it. WITNESS hand and official seal /I /, , s Notary Pu lic in andfor said ate. Alice Scott OFFICIAL SEAL ADRIA LEE BRYNIIJG o - NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. expires MAR 8, 1493 (This area for official notarial seal) MAIL TAX STATEMENTS TO NAME ADDRESS zIP Ya1WOYYMi I Y I ro wuorrS MRM na-P. man fair. u AGI ' =* GRANT DEED ATTACHMENT " A " — , corTcc. PAGE RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX SSTTATEMENTSTO: F L ESCROW NO. TITLE ORDER NO. The undersigned grantor(s) declare(s): Documentary transfer tax is S NONNEE A.P.N. ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of , and By this instrument dated July 26, 1989 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED DONALD A. SUMMERS AND EVERETT L. MANFREDI hereby GRANTS to CITY OF LAKE ELSINORE the following described real property in the CITY OF LAKE ELSINORE County of RIVERSIDE , State of CALIFORNIA ,for a valuable consideration A 20 FOOT DEDICATION TO THE CITY OF LAKE ELSINORE ALONG THE EASTERLY 20 FEET OF LOTS 265, 266, AND 267 OF COUNTRY CLUB HEIGHTS UNIT A, AS SHOWN BY MAP ON FILE IN BOOK 16 PAGE 59 THROUGH 61 INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA IN SECTION 35, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, ALSO IN RANCHO LA LAGUNA. STATE OF CALIFORNIA, COUNTY OF RIVERSIDE On MAY 23, 1990 bet.orcmelss the undersigned, a Notary Public in and for said County and State,) personally appeared DONALD A. SUMMERS AND EVERETT L. MANFREDI proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she they executed the same. WITNESS my nd and ofCic'aI seal. e OFFICIAL SEAS. ' DENISE M. JONES NOTARY PUBLIC • CAUiORNIA RIVERSIDE COUNTY ,F a ►y Comm. Expires July 2. 1993 HAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING UNE; IF NO PARTY IS SHOW a A)J6AFS IRECr J APD730 Name ATTACHMENT "B" OF RECORDING REQUESTED By )F� TSE �. ( AND WNCN RCCOROCO MAIL TMIL OCCO AND. UNLCa{ OTMLRWIZZ SHOWN OLLOW. MAIL TAC aTATCMCNTa TO, • MArLf Clrj 0r tAi� EYS,ruoae ST 99T 'ST - Cm. T - AooRu. (� S. ivt�Ft A) C �Lt.1�K� ESS wGPF,iIr}.CI12-flJ iv Title Order No _ _ — -- Escrow No._ ...... ___ _ GRANT .OF EASEMENT This spoce for Recorder's use THE UNDERSIGNED GRANTOR(s) DECCLARE(aTRANSFER TAX is S p .__unincorporaced area ❑ City of parcel Nu. 2z2 IiZ-04r1-T— O computed on full value of property conveyed, or ❑ c„mputed on full value less value of hens or encumbrances remaining at time of sale. and FOR A VALUABLE CONSIDERATION, receipt of which is hereby ackin , h 1-4 A Sin St � MA,r A•t1J flAzdco 70 1' l"A;a tV iu nes A -ri EO rvtA,0. 14.s 70,_A.4 TENA-v s hereby GRANT(S) to .—M4.6 —M4. C the following described real property in the (L f � 017 LAk:� county of PI 0 C.,-5 i O e' , state of California: An easement over a 10- wide strip of land, for slope construction and maintenance purposes, said strip of.land more specifically described as: The Southwesterly 10 feet of Lot 515, Unit "A" Country Club Heights, Elsinore, as shown by Map Book 16, Pages 59, 60 & 61, on file in the office of the County Recorder, Riverside County, California. Dated j STATE OF CALIF RNIA, . /J� Y SS. COUNTY OF r CTC ) On th' day of in the Year before me, the undersigned. a Notary Public in and fpr saaidq and SI, Per/_ pll) red E � personally known to me (or proved 10 me on the basis or satisfactory evidcrical the person whose name su, bsc ed to the within instrument and acknowledged that �h` executed the Name (Typed or rrmteol Nnnry Public in and for said County and State Ttega OCJI TW �CWpAxV NY ErsCCAa400 11:k �NLYowm 'AS Nor ��.rlrnok OR ASTO I'm yeac. _ua.�em OFFICIAL SEAL y_? L ;CAMPORINO o<.rj NOTARY PUBLIC - CALIFORNIA Ly O::P::G- CO:.'NiY My omm. expires GAY 10, 1991 FOR NOTARY SEAL OR STAMP ___ TAX STATEA(ENTS TO PAP AGI_�r• — ATTACHMENT "C" ASOv RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS T0: rE City of Lake Elsinore STREET 130 S. Main Street ADDRESS CITY. Lake Elsinore, CA 92330 STATE ZIP L J Title Order No. Escrow No. EASEMENT GRANT DEED ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX S • computed on full value of property conveyed, or O computed on full value less liens and encumbrances remaining at time of sale. signature W Deauani or Agent Determning Tax, Flan Naele FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We), ARTHUR R. and SANDRA L. town, of granl«tsl I OTDALY, husband and wife as Joint Tenants grant to the C! of Lake Elsinore all that real property situated in the City of wan+ Lake Elslno (or in an unincorporated area of) Rivers i de County, California, Inwn a Gwmrl described as follows (insert legal description): A slope easement described as follows: The Southerly ten feet of the Southwesterly rectangular of lots 80 and 81, Unit "G" of Country Club Heights, in the City of Lake Elsinore, County of Riverside, State of California of Map Book as shown by map on file in Book 18 at Page 15 thereof of Riverside County, California Address: 16364 Stevens Street Assessor's parcel No. 378-212 —007 OOP Executed on 4/12/ ' 19_80 at wr aro Sul STATE OF CALIFORNIA 1� Q I ss Ole COUNTY OF LOS ANG= on this _ 9 day of APRTT. , in the year 19-2Q before me. the undersigned, a Notary Public in and for said State, personally appeared pT7A-0TTR R O' ATY SANDRA L. O'DALY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person—S whose nainea _ subscribed to the within instrument, and acknowl- edged to me that -the-yexecuted it. WITNESS my hand and official seal. Notary Public Z and for said State. RMSEAL . HENRY ALIFORNIACOUNTYOCT 12, 19Si (This area for official notarial seal) MAIL TAX STATEMENTS TO NAME ADDRESS Iplupysx�pgp�u ZIP /i/«Ii+.fAYpl,.ah0 Io fvw WOLC07S FORM 776 v oaea P GRANT DEED _ ATTACHMENT " C _ .'n nsocl m an,ss Pm.AGE n « +" PE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL DATE: JUNE 12, 1990 SUBJECT: ACCEPTANCE OF QUITCLAIM DEED FOR WATER RIGHTS PREPARED BY: APPROVED BY: �` Ron Kirchner Ron Mol ndyk City Engineer City Manager BACKGROUND These projects were approved by the Design Review Board and were conditioned to dedicate underground water rights. SUMMARY The following is a copy of the documents dedicating underground water rights to this agency or its assignees. Attachment "A" 29740 Denny Drive Scott Attachment "B" Chaney APN# 377 150 004 Daniel Development FISCAL IMPACT None RECOMMENDATION Staff recommends that the City Council accept the document and authorize the City Clerk to execute the same. AGENDA ITEM NO. PAGE OF Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 375 2206 /375022062 For a valuableconsider & Aon, acknowledged, R receipt of which is hereby Scott AIM Angela W Hernandez Scott 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 ate of the City of Lake Elsinore, 1Cooun�ty91fRiverside,0ountry Club California, described as: 20 Heights; Lot 93 PT 015/080 Country Club Heights Unit 22740 DennyDrive e a Dated 5-30-90 ^An _la 'd. Hernandez( By met STATE OF CALIFORNIA) Rex Y. Scott, )ss COUNTY OF RIVERSIDE) Alice Scott On May so, ,1990, before me, the undersigned, a Notary Public in and for said State, personally appeared tela W. Hernandez(SCott), Rex Y. Scott and Alice Scott known to me, whose names are subscribed to the within instrument and acknowledged that they executed the�d�t e. Witness my hand and official seal:� CIAL SEAL LEE BRYNINGL(DLADRIA UBUC -CALIFORNIARSIDE rn'tNw. ex it " " ACEWA ITEM NO. ATTACHMENT A PAGE t OF Recording requested by: CITY OF LAKE ELSINORE A municipal corporation When recorded, mail to: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92330 Above space for Recorder QUIT CLAIM DEED Water Rights APN# 377-150-004-01 For a valuable consideration, receipt of which is hereby acknowledged, Daniel Development Inc. 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: Parcel 9 of Parcel Map 21297, as per Parcel Map recorded in Book 135 pages 57 to 59 inclusive of Parcel Maps, in the Office of the county Recorder of Riverside County. Dated April 13, 1990 STATE OF CALIFORNIA) )ss COUNTY OF RIVERSIDE) BY DonalU W. Va�eT, ZsCient On April 13, ,19 9o, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald W Daniel President of Daniel Development, Inc. known to me, whose names are subscribed to the within instrument and acknowledged that they executed the same. Witness my hand and official seal. Z22� X/J'� 11-1za OFFICIAL SEAL ADRIA LEE BRYNING NOTARY PUBLIC - CALIFORNIA RIVERSIDE DOUNTY e My mmm. ezpim MAR 8, 1493 ATTACHMENT "B" AGE C PAGE �� OF 3 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 26th day of June, 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: 18520 Collier, 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 G�� - ,�(• �' VICKI KASAD, CITY CLERK PLEASE PUBLISH ON: e- 13) 1990 AGEMA ITEM NO. PACS �-- 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 26th day of June, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: A public hearing to adopt the Short-term Habitat Conservation Plan for the Stephens' Kangaroo Rat; to concur with the County's certification of environmental impact report for the Section 10(a) permit to allow incidental take of the endangered Stephens' Kangaroo Rat in Riverside County; to adopt the implementation agreement and to adopt the agreement regarding allocation of take: and Revision of Ordinance No. 866. 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: June 6, 1990 SIGNED VICKI KASAD, CITY CLERK PLEASE PUBLISH ON: June 13, 1990 AGENDA ITEMEM t PAvE C, 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 26th day of June, 1990, in the District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: PROJECT: The City of Lake Elsinore Budget for Fiscal Year 1990-1991. 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: June 6, 1990 SIGNED VICKKASAD, CITY CLERK PLEASE PUBLISH ON: June 13, 1990 AGENDA ITEM NO. PAGE --L Oi City 01 fake a5iHO2e CITY HALL 130 SOUTH MAIN STREET LAKE ELSINORE. CALIFORNIA 92330 Telephone (714) 674-3125 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 10th day of July, 1990, in the Lake Elsinore Unified School District Board Room, 545 Chaney Street, Lake Elsinore, California, at 7:00 p.m., relative to the following: CONSIDERATION OF THE GRANTING OF AN ADDITIONAL CABLE FRANCHISE TO JONES INTERCABLE OF SAN DIEGO. NOTICE IS FURTHER GIVEN that at said time and place, all interested persons are invited to attend and be heard in favor or or in opposition to said matter, either orally or by written communication to the City Council. For further particulars, invited to call the Office of the regarding this matter is on file inspection. DATE: May 31, 1990 all interested persons are City Clerk where information and available for public PLEASE PUBLISH ON: June 13, 1990/& June 20, 1990 /KiLLYNNE SADuSsAby � /KI , CITY LERK CITY OF LAK ELSINORE AGENDA ITEM NO. 2 9 C - PAGE --L OF I REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: June 12, 1990 SUBJECT: Specific Plan 90-1 Zone Change 90-5. Environmental Impact Report 90-1 and Commercial Project 90-6: McArthur/Glen Group; a request to approve the Lake Elsinore Outlet Center Specific Plan, a Zone Change from Commercial Manufacturing to Specific Plan, and Design Review of a 284,000 square foot commercial shopping center located immediately southwest of Interstate 15, approximately 500 feet east of the Nichols Road interchange. APREPARED BY: APPROVED BY: Ronothers Dave nderman Planning Consult a Comm. ev. Dir. APPROVED BY:5_aU'y on Molendyk City Manager BACKGROUND At its May 16, 1990 meeting, the Planning Commission considered the subject applications and recommended the City Council approve Specific Plan 90-1, Zone Change 90-5, Commercial Project 90-6 and EIR 90-1. These actions facilitate the development of 43.36 acre commercial shopping center project. DISCUSSION The first two phases of this project will create a 284,000 square foot Designer (Factory) Outlet Center. The third phase will complete the commercial center and bring the total floor area to 357,000 square feet. The Planning Commission review and approval concurred with a number of recommended conditions. In addition the Commission added conditions dealing with: 1. Bonding for landscaping improvements, control of earth/soil stocking piling, and landscaping of the undeveloped sites of subsequent phases of construction. 2. The construction of a decorative block masonry wall on the easterly boundary, which separates the subject site from an existing single-family home. 3. Requiring the freeway oriented sign to be subject to additional Design Review with respect to its enhancement, height, and relationship to the building architecture. ' AGENDA ITEM NO. PAGE- OF u Page 2 June 12, 1990 Subject: Specific Plan 90-1; Environmental Impact Report 90-1; Zone Change 90-5; Commercial Project 90-6 It is recommended that City Council certify the Environmental Impact Report 90-1 and adopt Resolution 90-t�4 , approval of Specific Plan 90-1 and Zone Change 90-5 and adopt Ordinance No. ' and Commercial Project 90-6 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 = Specific Plan 90-1 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site. These impacts are described in the Lake Elsinore Outlet Center Environmental Impact Report. This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area -wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General plan. Impacts of the Lake Elsinore Outlet Center Specific Plan are found to be acceptable due to benefits derived from the project, specifically the provision of shopping opportunities to the city, the anticipated increase in local government revenues and infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy. The Lake Elsinore Outlet Center Specific Plan meets the Specific Plan criteria for content and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. Unless otherwise specified in the Final Specific Plan, the regulations provided in the City Zoning Code shall apply. Approval of the Specific Plan shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore City Code, except in those areas where the Specific Plan expressly regulates a use. 4. The Lake Elsinore Outlet Center Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons visiting or working within the neighborhood of the project area, nor will it be injurious to the property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Condition of Approval. Findings - Zone Change 90-5 The proposed amendment will not be detrimental to the health, safety, comfort, or general welfare of the person residing or working within the neighborhood of the proposed amendment or within the City, injurious to property or improvements in the neighborhood or within the City. AGENDA ITEM NO. PAGE OF 22- Page 3 June 12, 1990 Subject: Specific Plan 90-1; Environmental Impact Report 90-1; Zone Change 90-5; Commercial Project 90-6 2. The proposed amendment is consistent with the General Plan. 3. The proposed amendment is consistent with Section 17.99 as it implements the Lake Elsinore Outlet Center Specific Plan. Findings - Commercial Project 90-6 1. The project implements the plans and design guidelines of the Lake Elsinore Outlet Center Specific Plan 90-1. 2. The project, as approved, complies with the goals and objectives of the General Plan and the Zoning District in which the project is located. 3. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 4. Conditions and safeguards pursuant to Section 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 the objectives of this Chapter and the planning district in which the site is located. AGENDA ITEM NO.—.3 PAGE, OF a CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 90-1 1. The view study in the Specific Plan shall be refined to show the visibility of the project's roof and roof top equimpent. From this a detail for screening shall be prepared and approved by the Community Development Director. Consideration shall be given to such things as single color for roof top mechanical equipment and appurtenances, and/or parapet wall height variations. 2. All wood fencing and gates shall be presented in a detail for the review and approval of the Community Development Director. 3. Architectural details shall be prepared and approved by the Community Development Director to improve visual quality of the roof and parapet wall treatment. This will take into account the wall-like character of these features and their exposure to freeway view. To the degree there is prominent views of these features, additional architectural treatment may be required. 4. The freeway oriented, freestanding sign shall have an architectural character integrated with the buildings. 5. The southern, main entrance driveway throat shall be redesigned to improve pedestrian access to the main entrance and reduce conflict between pedestrians and vehicles. 6. The statement claiming the City will incur all public improvements costs, shall be removed from the specific plan document. 7. A wetlands area maintenance plan shall be prepared and approved by California Department of Fish and Game and the Community Development Director. 8. The building separations shall be improved for emergency access, subject to the approval of the Fire Department. 9. Prior to issuance of building permits for Phase II the Collier Road Realignment E.I.R. shall be completed and certified by the City. 10. All freestanding signs and signs on the exterior walls of the building shall require the approval of the Community Development Director or his designee to assure compliance with the sign specifications in the Specific Plan. 11. The six (6) acre site, shown as Phase III shall be consistent with the Specific Plan and subject to the Design Review process. 12. A wall of decorative block masonry shall be erected on the easterly boundary by the developer, in accordance with City requirements, and subject to the review and approval of the Community Development Director. 13. The freeway oriented sign shall be subject to additional Design Review with respect to its enhancement and possible reduction of the height. Enhancement of the towers and the adjoining building parapets shall also be evaluated. AGENDA ITEM NO. i-\ 3 �,1 �1 PAGE OF CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 90-6 PLANNING DEPARTMENT 1. Design review approval for the Lake Elsinore Outlet Center will lapse and be void unless building permits for Phase I are issued within one (1) year from the date of City Council approval. 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. 2. Site improvements shall be constructed for each Phase 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. Minor changes, to such things as the footprint of Phase II, may be approved by the Community Development Director. 3. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or his designee. 4. Buildings shall be constructed as depicted on plans or as modified by the Community Development Director or his designee. 5. 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. 6. 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. 7. A final grading plan shall be submitted and shall be subject to the approval of the Chief Building Official. 8. This project shall be consistent with the Lake Elsinore Outlet Center Specific Plan and all applicable City Codes and Ordinances 9. No outdoor storage shall be allowed for any tenant. 10. Trash enclosures shall be constructed per the approved Specific Plan and City standards as approved by the Community Development Director. 11. Exterior roof ladders shall not be permitted unless required by the U.B.C. 12. 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 Marshal. A fire detector check assembly shall be required for any interior fire lanes and hydrants. A letter shall be submitted verifying compliance prior to issuance of building permits. AGENDA ITEM NO. =3 PAGE L OF 22- 17p,n?12 90 CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 90-6 meet the approval of the Community Development Director until such time as these lots are built -out. 20. 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. 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. 21. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). 22. All loading zones shall be clearly marked. 23. Trailers utilized during construction shall be approved by Planning Division. 24. On-site surface drainage shall not cross sidewalks in public right-of-way. 25. Public Transit facilities shall be provided as approved by the Community Development Director or his designee. 26. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. ENGINEERING DEPARTMENT 27. While recognizing the Redevelopment Agency has agreed to provide all public improvements, 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. 28. Dedicate appropriate right-of-way on Collier Avenue to provide for a one hundred (100) foot right-of-way prior to issuance of building permits. 29. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 30. 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. 31. Process and meet all parcel merger requirements prior to issuance of building permit (Lake Elsinore Municipal Code 16.20). 32. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 33. 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. 34. The project, as prescribed in the Owner Participation Agreement (OPA) for this project, shall construct all off-site public works improvements per approved street plans (Municipal Code, Title 12). AGENDA ITEM( NO. i ':.'r. PAGE—SOF CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 90-6 CONTINUED 13. 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. Screening shall be subject to review and approval by the Community Development Director. 14. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director. 15. All exterior downspouts shall be painted to match the building color. 16. 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. 17. Bicycle racks shall be provided in the proximity of 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. 18. The detailed landscaping/irrigation plan, consistent with the Lake Elsinore outlet Center Specific Plan, is to be reviewed and approved by the Community Development Director or his designee. Where applicable these plans shall be consistent with the City's Landscape Guidelines. a) All planting areas shall have permanent and automatic sprinkler system with 100% watering coverage. b) All planting areas shall be separated from parking areas with a six-inch (611) high and six-inch (6") wide concrete curb. c) Planting within fifteen feet (151) of ingress/egress points shall be no higher than thirty-six inches (3611). d) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e) 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. f) Final landscape plans to include planting and irrigation details. g) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. h) All graded and/or distrubed areas in Phase II and III shall be landscaped to prevent erosion. These areas shall be irrigated until the plant materials are established. i) Any soil stock piling shall have a maximum height of ten (10) feet, and shall be contoured so it can be landscaped as per Condition No. 18.h. 19. All undeveloped lots or portions of the site shall be maintained in a neat and safe condition, with erosion and weed control methods applied by the developer%as=necessary -bo—,\ AGENDA ITEM NO. PAGE—7 OF OF APPROVAL FOR COMMERCIAL PROJECT 90-6 CONTINUED 35. The project, as prescribed in the OPA for this project, shall 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). 36. The project, as prescribed in the OPA shall make arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley. 37. Provide fire protection facilities as required in writing by Riverside County Fire Department. 38. The project, as prescribed in the OPA shall provide street lighting and show lighting improvements on street improvement plans, as required by the City Engineer. 39. 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. 40. All natural drainage traversing site shall be conveyed through site, or shall be collected and conveyed by a method approved by the City Engineer. 41. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. Riverside County Flood Control will review and approve the Hydrology and Hydraulic Report for Arroyo Del Torro drain. 42. All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 43. Contribute $4,000 towards the City's Master Entryway Sign Program. 44. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit. 45. Meet all requirements of Chapter 15.68 of the Municipal Code regarding floodplain management. 46. Meet all requirements of Chapter 15.64 of the Municipal Code regarding flood hazard regulations. 47. Prior to issuance of building permits for Phase II, a hydrological analysis of the planned grading and its effect on the 100 -year floodplain boundaries designated by FEMA shall be completed and approved by the City of Lake Elsinore. FEMA shall review the analysis and advise the City of any Floodplain boundary changes. 48. The onsite stormwater collection system should be designed in accordance with the standards and requirements established by the City of Lake Elsinore. The system should be adequately sized to control both the stormwater generated onsite plus the 100 -year storm flows conveyed under Interstate 15 by the existing corrugated metal pipes (CMPs) and RCBs. 49. The project as prescribed by the OPA shall contribute a pro -rate share of funding for the installation of traffic signals at the intersections of Collier Avenue/Central Street, Collier Avenue/Riverside Drive, Central Street/I-15 Ramps, Nichols Road/Collier Avenue, Nichols Road/I-15 Ramps. An agreement on the amount of funding between the developer and the City shall be reached prior to the issuance of Certificate of Occupancy permits. � r-7, r, AGENDA ITEM NO. PAGE OF a CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 90-6 CONTINUED 50. The project, as prescribed in the OPA shall contribute $122,630 for the design and construction of half a median on Collier along abutting property line 51. The project, as prescribed by the OPA shall agree to participate in and join the Northwest Sewer Assessment District. 52. Provide Soils, Geology and Seismic report including street design recommendations. Provide final soils report showing compliance with preliminary and finish grade certification. AGENDA ITEM NO. PAGE OF RESOLUTION NO. 90 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFYING ENVIRONMENTAL DOCUMENTS FOR THE LAKE ELSINORE OUTLET CENTER (MCARTHUR/GLEN GROUP) WHEREAS, there has been tried an application by the McArthur/Glen Group for the Lake Elsinore Outlet Center Specific Plan, an area which consists of 43 acres of land generally bounded by Nichols Road to the west, E1 Toro Road to the east, Collier Avenue to the south and Interstate 15 to the north for a retail outlet center; and WHEREAS, the Planning Commission has previously reviewed the EIR and has recommended that the City Council (1) certify that the EIR has been prepared in accordance with the requirements of the California Enviornmental Quality Act and the City's CEQA Guidelines; and (2) approve the amended Specific Plan for the Project; and WHEREAS, the City Council has reviewed the EIR prepared in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein. NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. The City Council hereby certifies that the EIR has been prepared in accordance with the requirements of the California Environmental Quality Act and the City's CEQA Guidelines, and that the EIR is complete and adequate in that it addresses all environmental effects of the Project and all discretionary approvals required therefor. PASSED, APPROVED AND ADOPTED this 12th day of June, 1990, upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: Gary M. Washburn, Mayor City of Lake Elsinore ATTEST: Vicki Lynne Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John Harper, City Attorney City of Lake Elsinore AGENDA ITEM NO. PAGE 10 OF � T ORDINANCE NO. I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN MAKING CERTAIN FINDINGS WITH RESPECT THERETO (MCARTHUR/GLEN GROUP) WHEREAS, there has been tried an application by the McArthur/Glen Group for the Lake Elsinore Outlet Center Specific Plan, an area which consists of 43 acres of land generally bounded by Nichols Road to the west, E1 Toro Road to the east, Collier Avenue to the south and Interstate 15 to the north for a retail outlet center; and WHEREAS, the Planning Commission has previously reviewed the EIR and has recommended that the City Council (1) certify that the EIR has been prepared in accordance with the requirements of the California Enviornmental Quality Act and the City's CEQA Guidelines; and (2) approve the amended Specific Plan for the Project; and WHEREAS, the City Council has reviewed the EIR prepared in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein. WHEREAS, the City Council has certified the EIR and has made the Findings required by Section 15091 (a) of the State CEQA Guidelines, attached hereto as Attachment A. NOW, THEREFORE, BE IT RESOLVED by the City Council that: Section 1: Upon the recommendation of the Planning Commission and based upon the Findings adopted hereby with regard to the approval of the Project, attached hereto as Attachment A, the City Council hereby (i) finds that the Specific Plan for the Project area attached hereto as Attachment B is consistent with the General Plan of the City, (ii) finds that the adoption of the Specific Plan is in the public interest, (iii) approves and adopts the Specific Plan, and (iv) approves and adopts the Mitigation Monitoring Program attached hereto as Attachment C. Section 2: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 12th day of June, 1990, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of June, 1990, by the following roll call vote: AYES: COUNCILMEMBERS: AGENDA ITEM NO. 3 PAGE _ . NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: Gary M. Washburn, Mayor City of Lake Elsinore ATTEST: Vicki Lynne Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John Harper, City Attorney City of Lake Elsinore AGENDA ITEM NO. 1 PAGE_ _ I _, OF Minutes of Planning Commission may 16, 1990 Page 5 ZONE CHANGE 90-4 AND ANNEXATION NO. 53 CONTINUED a 29.44 acre parcel to the City of Lake Elsinore, loca on a east side of Stoneman and the south side of the lty Lim The applicant will be proposing a 117 unit single- mily development. This request also incl es an applicati ':t o de -annex from the OrtegXTrai arks and Recreation strict. Chairman Brown ened the public hearing a. asking ifanyone wished speak in favor. Mr. John Elmajian, re esenting Wesco Ho s, stated that they were in agreement with t.ff recommend ion, and would answer any questions that may a se. Chairman Brown asked if an Receiving no response, Cha to speak in opposition. Brown asked if anyone Receiving no response, hearing at 8:12 p.m. e e wished to speak in favor. M a Brown asked if anyone wished eiving no response, Chairman shed o speak on the matter. airman rown closed the public There being nodi ussion at the table, for a motion. Brown asked Motion by ommission Brinley to recommend to City Council adoption Negative Declaration 90-12, approva of Zone Change 0-3, Annexation No. 53 and De-annexatio from the orteg Trails Parks and Recreation based on the ndings list d in the Staff Report, second by Commissioner Wils A roved: 5-0 5. Specific Plan 90-1, Zone Change 90-5, Commercial Project 90-6 and Environmental Impact Report 90-1 - Lake Elsinore Pacific West Outlet Center - McArthur/Glen Group - Community Development Director Gunderman presented a proposal to develop a commercial shopping center on a 43.36 acre site. This site is located immediately southwest of Interstate 15, approximately 500 feet east of the Nichols Road interchange. The plan will devote approximately 34 acres to the Outlet Center, 6 acres to Community Commercial, and 3 acres to Open Space. The zoning is proposed to change from Commercial Manufacturing to Specific Plan. An accompanying Environmental Impact Report addresses the impacts of this development. Chairman Brown opened the public hearing at 8:14 p.m. asking if anyone wished to speak in favor. Mr. Kenny Smith, representing McArthur/Glen Group, stated they are in agreement with all the Conditions staff recommended with wording clarifications on Conditions No. 9 and 10 in the Specific Plan and Conditions No. 2, 24, 41 and 47 in the Commercial Project. He also stated its very important that we have a major presence in identification along the highway. This site is unique in that it is 22 feet below the grade of the freeway. We require a rather significant sign tower which will be 45 feet above freeway grade. Chairman Brown asked if anyone else wished to speak in favor. Mr. Mike Hillstrom, 29033 E1 Toro Road, Lake Elsinore, stated they are in favor of this project and that they live right behind the project. The Planning Divisions report fails to mention they live at the southeast corner of the project. Their concerns are with grading; the cut slope; fencing (they AGENDA ITEM N0. —3, �2_ PAGE 3 0p . � Minutes of Planning Commission May 16, 1990 Page 6 SPECIFIC PLAN 90-1; ZONE CHANGE 90-5 COMMERCIAL PROJECT 90-6; AND ENVIRONMENTAL IMPACT REPORT 90-1 CONTINUED are at the east end of the parking lot); security and lighting glare (Condition No. 20). The other concern is with a driveway, 30 feet wide, out of the east end of the parking lot onto E1 Toro Road. The EIR does not address this road or its impacts. 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 8:26 p.m. Commissioner Brinley stated Faithful Performance Bond for 18.g. Would like the applicant Hillstrom at this time. she would like to see the 120% maintenance under Condition to address the concerns of Mr. Mr. Dan Bott, Michael Brandman Associates, Planning and Environmentalist Consultants, responded that E1 Toro Road is an emergency, secondary access road to the center, they anticipate no commuter traffic, and that some type of collapsible gate could be erected in case the Fire Department needed to access that road. It is not intended to be a primary access point into the center. Mr. Matt Webb, Albert A. Webb Associates, Civil Engineers, responded that the slope would be governed by the Uniform Building Code which will require a 2:1 slope. The slope will be landscaped for erosion control. Chairman Brown asked about fencing. Considerable discussion at the table ensued concerning fencing - developer will erect a fence at the top of the slope; lighting - as stated in Condition No. 20; and access to E1 Toro Road - will be for emergency purposes only. Commissioner Wilsey commented on the view from the freeway concerning the trash receptacles. Mr. Smith responded saying they will have a full time manager and maintenance person on duty at all times to police these areas to insure compliance. Commissioner Wilsey commented on compaction and recycling; sufficient trash receptacles; the amount of trash that was to be generated; how land fills will be impacted; and investigation of conservation methods. Commissioner Wilsey stated he would like Condition No. 18. h. added pertaining to undeveloped pads being landscaped; Condition No. 24 pertaining to public right-of-way; add a sentence to Condition No. 13 pertaining to screening being approved by the Community Development Director. Commissioner Gilenson commented on the Specific Plan Exhibit 5.1 - Conceptual Cut and Fill Plan stating there will be considerable cut in Phase I, where is the dirt going, what is it going to look like and how are you going to mound it? Discussion at the table ensued on stock piling. AGENDA ITEIivi,,NO. PAGE OF 2 Minutes of Planning Commission May 16, 1990 Page 7 SPECIFIC PLAN 90-1; ZONE CHANGE 90-5 COMMERCIAL PROJECT 90-6; AND ENVIRONMENTAL IMPACT REPORT 90-1 CONTINUED Commissioner Gilenson stated he has a concern with the 75 foot sign and needs to be convinced why, when our code says 45 feet. Considerable discussion at the table ensued on the height of the sign tower, the distance from the Nichols off -ramp, location of the tower,relationship between the heights of the buildings, the architectural enhancements of the parapet walls, the relationship between the buildings and the sign and the sudden difference in height. Mr. Don Chapman, Architect, responded to the Commissioners questions on the sign tower. Chairman Brown asked for clarification on Condition No. 47; commented on Condition No. 19 that all undeveloped lots will be seeded, grown to maturity and have temporary irrigation. Commissioner Saathoff commented on the watering of the pads. We have a water shortage and the City should take a lead role in conservation methods. Discussion at the table ensued on conservation methods; dust control; weed control; mitigation monitoring program. Commissioner Saathoff asked the Commission if they had a problem with making a motion with the various changes but not approving the sign but instead requesting additional architectural enhancement on the tower elements and the freeway sign. Motion by Commissioner Saathoff to recommend to City Council certification of Environmental Impact Report 90-1, approval of Specific Plan 90-1, Zone Change 90-5 and Commercial Project 90-6 based on the Findings and subject to the Conditions of Approval listed in the Staff Report with the following amendments and adopt Resolution Numbers 90-10 and 90-11, entitled as follows: CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 90 - Condition No. 9 - Prior to issuance of building permits for Phase II the Collier Road Realignment E.I.R. shall be completed and certified by the City. Condition No. 10 - All freestanding signs and signs on the exterior walls of the building shall require the approval of the Community Development Director or his designee to assure compliance with the sign specifications in the Specific Plan. Condition No. 12 - A wall of decorative block masonry shall be erected on the easterly boundary by the developer, in accordance with City requirements, and subject to the review and approval of the Community Development Director. Condition No. 13 - The freeway oriented sign shall be subject to additional Design Review with respect to its enhancement and possible reduction of the height. Enhancement of the towers and the adjoining building parapets shall also be evaluated. AGENDA ITEM O AN. 3 (— PAGE_J1-OF_.]. _ Minutes of Planning Commission May 16, 1990 Page 8 SPECIFIC PLAN 90-1; ZONE CHANGE 90-5 COMMERCIAL PROJECT 90-6; AND ENVIRONMENTAL IMPACT REPORT 90-1 CONTINUED CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 90-6 Condition No. 2 - Site improvements shall be constructed for each Phase 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. Minor changes, to such things as the foot print of Phase II, may be approved by the Community Development Director. Condition No. 13 - 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. Screening shall be subject to review and approval by the Community Development Director. Condition No. 18 g. All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for one (1) year. h. All graded and/or disturbed areas in Phase II and III shall be landscaped to prevent erosion. These areas shall be irrigated until the plant materials are established. i. Any soil stock piling shall have a maximum height of ten (10) feet, and shall be contoured so it can be landscaped as per Condition No. 18.h. Condition No. 24 - On-site surface drainage shall not cross sidewalks in public right-of-way. Condition No. 41 - Submit Hydrology and Hydraulic Reports for review and approval by City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of site and diversion of drainage. Riverside County Flood Control will review and approve the Hydrology and Hydraulic Report for Arroyo Del Torro drain. Condition No. 47 - Prior to issuance of building permits for Phase II, a hydrological analysis of the planned grading and its effect on the 100 -year floodplain boundaries designated by FEMA shall be completed and approved by the City of Lake Elsinore. FEMA shall review the analysis and advise the City of any Floodplain boundary changes. AGENDA ITEM/�NO, PAGE._15 _ OF= Minutes of Planning Commission May 16, 1990 Page 9 SPECIFIC PLAN 90-1: ZONE CHANGE 90-5 COMMERCIAL PROJECT 90-6: AND ENVIROAMENTAL IMPACT REPORT 90-1 CONTINUED Condition No. 53 - Subject to additional design review in reference to enhancement and perhaps reducing the height of the sign and enhancement on the towers and the adjoining parapets. DELETE. RESOLUTION 90-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, LAKE ELSINORE OUTLETRCENTERNSPECIFIC DING RPLLAN OF THE AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO. RESOLUTION 90-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOMMENDING ADOPTION OF THE ENVIRONMENTAL IMPACT REPORT, FINDINGS OF FACT AS TO THE ENVIRONMENTAL IMPACT, STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PROGRAM FOR THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN. second by Commissioner Wilsey Commissioner Gilenson commented that Condition No. 53 was conditioned under the Commercial Project and it should be under the Specific Plan. Commissioner Saathoff amended his motion to change Condition No. 53 in the Commercial Project Conditions to Condition No.13 in the Specific Plan Conditions. Commissioner Wilsey amended his motion to include the changes. Chairman Brown asked for the question. Approved: 5-0 At this time, 9:37 p.m., the Planning Commission recessed. At this time, 9:40 p.m., the Planning Commission reconvened. BUSINESS ITEMS 6, ngle-Family Residence - 501 Adobe Street - Arnold M y (Co Hued from May 2, 1990) - Chairman Brown stat that staff requested that this item be continued d called for a motio Motion by Commis 'oner Brinley to tinue indefinitely Single -Family Reside a at 501 Adob treat. Chairman Brown asked if the s any further discussion. Commissioner Saathoff as if we time this project would he have to resubmit lans and fees d if there was a time limit. Assistant Plan r DeGange responded no, just he elevation plans and t he was not aware of any time limi other than the one y r Minor Design Review time limit. / ty Development Director Gunderman suggested that ion continue the specific project for a period AGENDA ITEM NO. PAGE OF�� PLANNING DIVISION REPORT TO PLANNING COMMISSION Public Hearing SP 90-1 ZC 90-5 C 90-6 EIR 90-1 May 16, 1990 PREPARED BY: APPROVED BY: Ron others 4aqGderman Planning Consultant Co. Dir. OWNER/APPLICANT McArthur/Glen Group 1250 24th Street N.W., Suite 220 Washington, D.C. 20037 Contact person: Kenny Smith REQUESTED USE A request to approve the Lake Elsinore Outlet Center Specific Plan, Environmental Impact Report, a Zone Change from Commercial Manufacturing to Specific Plan, and Design Review of a 284,000 square foot commercial building. SIZE AND LOCATION The site is 43.36 acres, located immediately southwest of Interstate 15, approximately 500 feet east of the Nichols Road interchange. The plan will devote approximately 34 acres to the Outlet Center,six (6) acres to a Community Comnercial Center and 3 acres to open space. The site has 3,963 feet of frontage on Collier Avenue. The lot depth varies from 320 to 620 feet. ENVIRONMENTAL SETTING EXISTING LAND USE ZONING GENERAL PLAN Project Site - Vacant C -M Commercial/ Manufacturing North East - High School C-0 Residential (across I-15) (under construction) Very Low Density North West - Vacant C -M Commercial/ Manufacturing South West - Vacant/Rural M-1 Floodplain Residential South East - Vacant/Rural M-1 Limited Residential Industrial PROJECT DESCRIPTION The Lake Elsinore Outlet Center is planned to provide a total of 357,000 square feet of community commercial land uses (0.22 L.U.I. land use intensity) with the major use on the site being the outlet center. The designer outlet center will pro7ide up to 284,000 leasable square feet of retail and restaura!it uses. The outlet center will have a Mediterranean motif a --tented with offwhite, terracotta, and teal stucco facades, tiled roofs, towers, and an outdoor courtyard. An AGENDA ITEM NO. S , PAGE� ) OF Public Hearing SP 90-1 ZC 90-5 C 90-6 EIR 90-1 May 16, 1990 Page 2 estimated 90 designer shops would be clustered around a Mediterranean themed outdoor courtyard. The courtyard would provide a central location for shoppers to congregate and browse. The tenants in the Outlet Center will be manufactures of various retail products. This coupled with the discount shopping concept will make this center a regional attraction. An additional six (6) acres of community commercial uses would be located within the north western portion of the Outlet Center site. This area would provide up to 60,000 square feet of gross commercial building area. No specific use is proposed within this area; however, any use will be consistent with the Outlet Center Specific Plan and subject to Design Review. The project is comprised of three development phases. The first and second phases of the project involve the development of the Outlet Center. The Outlet Center will consist of eight (8) individual one-story buildings configured as an outdoor mall with passageways that converge onto a central courtyard. The designer outlet center will contain approximately 90 shops that range in size from 1,000 to 14,000 square feet. on site parking, on three of the four sides of the designer outlet center, is provided for shoppers and employees. A total of 1,929 parking spaces are provided for the Outlet Center. This is a ratio of one space for each 185 square feet of building area. In addition 17 spaces are provided for bus parking. In an effort to preserve the natural wetlands that exist on the site, three (3) acres of open space are proposed. Two (2) areas, both fronting on Collier Avenue, will be maintained as permanent open space. This proposed project is consistent with the General Plan, which designates the site commercial/manufacturing. This land use classification "provides for areas of intensive commercial activity." The Specific Plan is the appropriate vehicle for addressing this project's unique characteristics. These are: o The size of the project. o The limitations and sensitivities of the site. o The mall concept site plan. o The proposed construction phasing. o The City gateway location of the project. o The public service needs of the site. The Specific Plan addresses these topics and establishes standards and guidelines for the site's development. Subsequent to the approval of the Specific Plan these standards will be adopted as the zoning regulations for the project. Additionally, plans have been submitted for the design review process. This presents the site planning architecture, and landscape architecture for Phases I and II, the Outlet Center portion of the project. AGENDA ITEM NO. �— ,PAGE U OF� Public Hearing SP 90-1 ZC 90-5 C 90-6 EIR 90-1 May 16, 1990 Page 3 ISSUES The most significant issues raised by this project have to do with the project's visibility. In this regard the projects signing, the quality of its outward appearance and the exposure of its roof tops are topics of concern. At the center of the Outlet Center, where the freeway oriented sign is located, the finish floor level is proposed to be approximately twenty-two (22) feet below the elevation of the southbound Interstate 15 freeway lanes. The buildings are designed with parapet walls that vary in height, from approximately 2 to 12 feet above the roof while the parapet treatment will screen the view of mechanical equipment from ground levels around the project, the roof top area and its mechanical equipment may be visible from Interstate 15. View studies can provide a more clear picture of this condition and then the screening can be adjusted to insure effectiveness. The mall concept of this project results in the rear elevations of the buildings being the most prominent. While the plans for the project address this with both architectural and landscape treatments, the view from Interstate 15 is not as positively affected by these features. From this "birds eye" view the wall-like quality of the parapet is more visible. This condition could be improved with a variety of treatments from careful choice of color accent to adding more variation in building height and/or more mass to the proposed facade parapet treatment. Improving the projects architectural focal points would also improve the projects outward image. The seventy-five (75) foot high freeway oriented signing is larger and taller than allowed by the Zoning Ordinance. There are however several factors that warrant the proposed signing. First of all the majority of the project's signing is inward oriented to the pedestrian mall area, not visible from off-site. The single sign serves a 284,000 square foot project that has 3,500 feet (2/3 miles) of freeway frontage. With respect to height, the sign must first overcome the fact that it is twenty-two (22) feet below the freeway, and the top twelve (12) feet is devoted to a roof -like architectural treatment. In effect the sign is more comparable to what would be a forty-one (41) foot sign elsewhere, four (4) feet under the forty-five (45) foot height limit. The freeway oriented sign height is however, in contrast to the height of the project's buildings. In this regard this sign would be improved of it were, architecturally more integrated with the buildings around it. This would not only improve the appearance of the sign, it would reduce the impact of its height. ENVIRONMENTAL REVIEW In accordance with CEQA and the City of Lake Elsinore, an EIR was prepared for the project. The EIR is an accompanying document to the Specific Plan. The EIR addresses and evaluates potential environmental impacts to earth resources, hydrology, biological resources, cultural resources, traffic, air quality, noise, land use, aesthetics, and public services. A comprehensive program of mitigation measures was developed to eliminate or reduce potential impacts to AGENDA ITEM NO. 3 ' PAGE 20 OF Public Hearing SP 90-1 ZC 90-5 C 90-6 EIR 90-1 May 16, 1990 Page 4 insignificant levels. A mitigation monitoring program has been developed for the project to monitor the subsequent implementation of all mitigation measures. This EIR identifies a number of potential significant environmental impacts anticipated to result from implementation of the proposed project. However, most of the potential significant impacts identified can be reduced to levels that are not considered significant through the adoption of mitigation measures. Staff recommends modification of some of the mitigation measures as shown in the Mitigation Monitoring Program. The preservation of two (2) wetland sites within the boundaries of this project represent a highly visible form of mitigation to this projects impact on its site. RECOrLMENDATI ON It is recommended that the Planning Commission recommend to City Council certification of Environmental Impact Report 90-1 and adopt Resolution 90-11, approval of Specific Plan 90-1 and adopt Resolution 90-10, Zone Change 90-5 and Commercial Project 90-6 based on the following Findings and subject to the attached Conditions of Approval. Findings _ Specific Plan 90-1 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site. These impacts are described in the Lake Elsinore Outlet Center Environmental Impact Report. 2. This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area -wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General plan. Impacts of the Lake Elsinore Outlet Center Specific Plan are found to be acceptable due to benefits derived from the project, specifically the provision of shopping opportunities to the city, the anticipated increase in local government revenues and infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy. 3. The Lake Elsinore Outlet Center Specific Plan meets the Specific Plan criteria for content and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. Unless otherwise specified in the Final Specific Plan, the regulations provided in the City Zoning Code shall apply. Approval of the specific Plan shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore City Code, except in those areas where the Specific Plan expressly regulates a use. 4. The Lake Elsinore Outlet Center Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons visiting or working within the AGENDA ITEM NO. `� PAOE �, \ OF. Public Hearing SP 90-1 ZC 90-5 C 90-6 EIR 90-1 May 16, 1990 Page 5 neighborhood of the project area, nor will it be injurious to the property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Condition of Approval. Findings - Zone Change 90-5 1. The proposed amendment will not be detrimental to the health, safety, comfort, or general welfare of the person residing or working within the neighborhood of the proposed amendment or within the City, injurious to property or improvements in the neighborhood or within the City. 2. The proposed amendment is consistent with the General Plan. 3. The proposed amendment is consistent with Section 17.99 as it implements the Lake Elsinore Outlet Center Specific Plan. Findings _ Commercial Project 90-6 1. The project implements the plans and design guidelines of the Lake Elsinore Outlet Center Specific Plan 90-1. 2. The project, as approved, complies with the goals and objectives of the General Plan and the Zoning District in which the project is located. 3. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 4. Conditions and safeguards pursuant to Section 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 the objectives of this Chapter and the planning district in which the site is located. AGENDAITEM N0. —,...2 ` PAGE 1. OFA— REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: June 12, 1990 SUBJECT: Annexation No. 53 and Zone Change 90-4: South Lake Estates Joint Venture; a request to pre -zone to R-1, to annex into the City of Lake Elsinore and de -annex from the Ortega Trails Park's and Recreation District on a 29.5 acre parcel located on the east side of Stoneman and the south side of the current City limits. PREPARED BY�-:z APPROVED BY* Saied Naasell Dave nderman Associate Planer / Cc Dev. Dir. APPROVED BY: I o��- Ron olendyk City Manager BACKGROUND At its meeting on May 16, 1990, the Planning Commission considered the subject application and recommended the City Council approve Zone Change 90-4, Annexation No. 53, and De -annexation from the Ortega Trails Park and Recreation. DISCUSSION This approval will ultimately result in a 116 unit single- family subdivision which will be subject to further approval of Tentative Tract Map 26143 and Residential Minor Design Review. RECOMMENDATION It is recommended that City Council adopt Negative Declaration 90-12, approve Annexation No. 53 and adopt Resolution No. 90-65 , approve Zone Change 90-4 and adopt Ordinance No. 13�S and approve De -annexation from the Ortega Trails Park's and Recreation District and adopt Resolution No. 90-5( based on the following findings. It is recommended that the Redevelopment Agency concur with City Council action. Findings - Zone Change 90-4 1. The project will not have a significant impact on the environment. 2. The project is consistent with the General Plan Land Use designation. 3. The project is consistent with the pattern of recent approvals in the area. Findings - Annexation No. 53 1. The project will not have a significant impact on the environment. AGENDA ITEM NO. .�-= PAGE __J— OF 2 S Page 2 June 12, 1990 RE: Annexation No. 53; Zone Change 90-4; De -annexation from the Ortega Trails Parks and Recreation 2. The project is within the City's Sphere of Influence and abuts the City limits. Therefore, the request is a logical extension of the City limits. 3. The project will provide the necessary public services to allow development. Findings - De -annexation 1. The City is the owner and operater of all parks within the City. 2. The City has initiated a detachment, of all areas within the City and future annexations to the City, from the District. 3. The City has determined the transfer of tax revenues would eliminate duplication and be in the best interest of City residents. AGENDA ITEM NO.O_�-�—�� PAGE RESOLUTION NO. gi 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX TO THE CITY OF LAKE ELSINORE CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED "ANNEXATION NO. 53 - SOUTH LAKE ESTATES JOINT VENTURE. WHEREAS, on June 12, 1990, the proponent of the Annexation, known as "Annexation No. 53 - South Lake Estates Joint Venture," has requested that the City Council consent to the commencement of proceedings to annex said area, which is contiguous to the City of Lake Elsinore; and WHEREAS, the said annexation area is entirely within the City Sphere of Influence; and WHEREAS, the City Planning Commission, at a regular meeting held on May 16, 1990, made its report upon the desirability and made its recommendations in favor of said annexation; and WHEREAS, it is the desire of the City Council to give its consent to the commencement of annexation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELSINORE, CALIFORNIA: 1. That consent be and hereby is granted for the commencement of annexation proceedings in accord with California Government Code Section 56000 et seq. for the uninhabited territory designated hereby as "Annexation No. 53 - South Lake Estates Joint Venture," which consists of 29.5 acres located on the east side of Stoneman and the south side of the current City Limits, which is shown on the map designated as Exhibit "A" attached hereto and made a part hereof. 2. The City Clerk shall certify to the adoption of this resolution. AGENDA ITEM NO. PAGE 3 OF PASSED, APPROVED AND ADOPTED this 12th day of June 1990, at a regular meeting of the City Council of the City of Lake Elsinore, California, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Gary M. Washburn, Mayor City of Lake Elsinore ATTEST: Vicki Lynn Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harper, City Attorney City of Lake Elsinore AGENDA ITEM NO. _ 2 _ PAGE OF ORDINANCE NO. g"y AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 29.5 ACRES LOCATED ON THE EAST SIDE OF STONEMAN AND THE SOUTH SIDE OF THE CURRENT CITY LIMITS FROM RURAL RESIDENTIAL (R -R) TO SINGLE-FAMILY RESIDENTIAL (R-1). (SOUTH LAKE ESTATES JOINT VENTURE). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Number 370-120-022 from Rural Residential (R -R) to Single -Family Residential (R-1) on approximately 29.5 acres, as illustrated in Exhibit "A" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-1 Zoning District. Approval is based on the following: 1. The project will not have a significant impact on the environment. 2. The project is consistent with the General Plan Land Use designation. 3. The project is consistent with the pattern of recent approvals in the area. SECTION TWO: This ordinance by law. shall become effective as provided AGENDA ITEM NO. PAGE -SOF INTRODUCED AND APPROVED UPON FIRST READING this 12th day of June, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of June, 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: ATTEST: Vicki Lynne Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGATITY: John Harper, City Attorney City of Lake Elsinore Gary M. Washburn, Mayor City of Lake Elsinore AGENDA ITEM NO. 3 PAGE lI OF RESOLUTION NO. 9U A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING A PROPERTY TAX TRANSFER BETWEEN THE CITY OF LAKE ELSINORE AND THE LAKE ELSINORE RECREATION AND PARKS DISTRICT (ORTEGA TRAILS). (SOUTH LAKE ESTATES JOINT VENTURE). WHEREAS, the City of Lake Elsinore (hereafter "City") and the Ortega Trails, Lake Elsinore Recreation and Parks District (Ortega Trails) (hereinafter "District") have overlapping service areas; and WHEREAS, the City is a major service provider for public services to residents within the City of Lake Elsinore; and WHEREAS, the City is being requested to provide these services, including Parks and Recreation Services; and WHEREAS, the City has initiated a detachment, of all areas within the City and future annexations to the City, from the District; and WHEREAS, the City has determined the transfer of tax revenues would eliminate duplications and be in the best interest of City residents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE ELSINORE, CALIFORNIA: 1. The City of Lake Elsinore assumes the services responsibility for Parks and Recreation within the City boundaries and all future annexations and recommends the tax revenues currently collected by the Lake Elsinore Recreation and Parks District (Ortega Trails), within the City's boundaries and future annexations, be transferred to the City. 2. That L.A.F.C.O. be notified of the City's action and City staff be directed to commence proceedings to accomplish the tax transfer. AGENDA ITEM NO. J� PAGE.._ OF -2-L PASSED, APPROVED AND ADOPTED this 12th day of June 1990, at a regular meeting of the City Council of the City of Lake Elsinore, California, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Gary M. Washburn, Mayor City of Lake Elsinore ATTEST: Vicki Lynn Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harper, City Attorney City of Lake Elsinore AGENDA ITEM MO - PAGEOF 1 !3 Q r 1 14 or ri - - - - - - - - - - (7 ea, I Nul N AGENDA ITEM NO. -------------------- — — � I `I. • '—'�_D' :— - 90.. Cf.\ _de 1�C7 dC.. BS t GO' ...� s7 i 1ff sa, 77 fe - (a s I I t/ ca 33 3 lea 77• roe - u `- j_ . • .rod ' , - 70 .711 /f r7 a5 .o7 ro�r i Jrot, , •i✓\ 71 s , rs 1e a r. ra ,� sH v: nCY ' tci J til as 11-4 1 J3Jfe- 40-- t ar It f ' is 184;4 .� 8 i 3 I � —...� _...— -r � , 2 r'•-139 ,� . _ ,AZVENGINEERS, INC CM,. EW•LEERS P. NERS AND CDNSTRUC'IC•:;7:Sa.'u.•, -ni M A}4Y.< N ,z 9 1a �yty.<C< 4"�- •'.♦ 'r-1130 ,1NNEXl1T/ONerl.IIRlr ,/M. 707-07 AGENDA ITEM NO. 3a PAGE OF Minutes of Planning Commission May 16, 1990 Page 4 CONDITIONAL USE PERMIT 90-3 CONTINUED .otion by Commissioner Saathoff to re -affirm Negat, ive D claration 85-2 and approve Conditional Use Permit 90 3 ba ed on the following Findings and subject to the/5 Con itions of Approval listed in the Staff Report with the foil wing amendments: Condit n No. i.a. Applicant shall provide sev, (7) additional parking spaces: four ( to be located in the rear of the Shopp rs to are re Center behind Unit 8; and three (3) located southwest of children s play area #2 near the sizzler RestauranX subject to the approval of the Commun y Development Director or his designee. Additional landscape (3) twenty-four (24) twenty-five (25) fig and flowering groundc ithin Area A as sho t the approval of E me t Director a d Arc itect. in he form of three /inch box trees, (5) gallon shrubs, er shall be planted on Figure E subject Community Develop - the City Landscape Condition No. 5 - The cant pad ocated between Sizzler and Manny shall ave a temporary irrigation system an hydroseeded vegetation install d t meet the approval of the Communit Development Director or his designee. Second by Commissioner Wiley. Chairman Brown asked the was anything to add to Condition Number I. Commissioner Saathoff amended hi motion to add a use study to Condition Number 1 Condition No. 1 - his Conditional Use Permit (CUP) shall apply to all exist ng structures as well as the approved M nny's Restaurant. The vacant pad between ..zzler and the Manny's Restaurant shall r quire a separate CUP for shared parking. lans shall not be submitted, nor desi n review of this vacant pad occur until 120 days after the issuance of Certifica of Occupancy for both the proposed Manny s and Don Jose Restaurants. Future CUP for the development of the vaca it pad between Sizzler and Manny's shal be subject to the submittal of a proje ted parking distribution and use study i addition to other submittal requirements. C missioner Wilsey amended his second. proved: 3-2 (Commissioners Brinley and Gilenson v ting no). At/�his time, 7:57 p.m., the Planning Commission reces AV this time, 8:09 p.m., the Planning Commission recon 4. Zone Change 90-4 and Annexation No. 53 - Wesco Homes, Inc. - Assistant Planner Naaseh presented a request to consider a Zone Change from Riverside County R -R (Rural Residential) to City R-1 (Single -Family Residential District), and Annexation AGENDA ITEM NO. PAGE _,L OF Minutes of Planning Commission May 16, 1990 Page 5 ZONE CHANGE 90-4 AND ANNEXATION NO. 53 CONTINUED of a 29.44 acre parcel to the City of Lake Elsinore, located on the east side of Stoneman and the south side of the City Limits. The applicant will be proposing a 117 unit single-family development. This request also includes an application to de -annex from the Ortega Trails Parks and Recreation District. Chairman Brown opened the public hearing at 8:10 p.m. asking if anyone wished to speak in favor. Mr. John Elmajian, representing Wesco Homes, stated that they were in agreement with staff recommendation, and would answer any questions that may arise. 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 8:12 p.m. There being no discussion at the table, Chairman Brown asked for a motion. Motion by Commission Brinley to recommend to City Council adoption of Negative Declaration 90-12, approval of Zone Change 90-3, Annexation No. 53 and De -annexation from the Ortega Trails Parks and Recreation based on the Findings listed in the Staff Report, second by Commissioner Wilsey. Approved: 5-0 5. ecific Plan 90-1, Zone Change 90-5,/3a rcial Project 90- a Environmental Impact Report 90-1 Elsinore Paci c Wes out Center - McArthur/Group - Comm ity Deve ment Director Gunderman prea propos to develo a commercial shopping centa 43.36 a e site. This sit is located immediately soutof Inte ate 15,approxima ely 500 feet east of the NRoad 'nterchange.The plan w 1 devote approximately 34s the OutletCenter, 6 a res to Community Commercn acres to OpenSpace. The z ing is proposed to from CommercialManufacturing to Specific PlAn accompanyingEnvironmental Im act Report addressesimpacts of this development. Chairman Brown open the public acing at 8:14 p.m. asking if anyone wished to sp ak in fav Mr. Kenny Smith, repr en ng McArthur/Glen Group, stated they are in agreement h all the Conditions staff recommended with wording 1 ifications on Conditions No. 9 and l0 in the Specific an an Conditions No. 2, 24, 41 and 47 in the Commerci Projec He also stated its very important that we h e a major esence in identification along the highway. This site is un'que in that it is 22 feet below the gra of the freeway. We require a rather significant gn tower which will b 45 feet above freeway grade. Chairman/6rown asked if anyone else wished toNIS-Peak in favor. Ybend e Hillstrom,29033 E1 Toro Road, Lake Elsi re, stated e in favor of this project and that they li right the project. The Planning Divisions report Us to they live at the southeast corner of the pro ct. oncerns are with grading; the cut slope; fencing (t y AGENDA ITEM NO. PAGES OF = CITY OF LAKE ELSINORE TO: Planning Commission FROM: Dave Gunderman, Community Development Director DATE: May 16, 1990 SUBJECT: Annexation # 53 and Zone Change 90-4 This application includes a request of De -Annexation from the Ortega Trails Parks and Recreation District. The Community Services Department supports this request and the staff is recommending that the Planning Commission recommend the City Council approve the deannexation of the project from the Ortega Trails Parks and Recreation District. AGENDA ITEM �NO. —ILL— PAGE L� � PAGE--.L.OF-=-�- PLANNING DIVISION REPORT TO PLANNING COMMISSION PREPARED BY: APPROVED Saied Naaseh Associate Planner OWNER South Lake Estates Joint Venture 2601 Airport Dr., Ste. 250 Torrance, CA 90505 REQUESTED USE Public Hearing ZC 90-4 Annexation 53 May 16, 1990 APPLICANT Wesco Homes Inc. 2601 Airport Dr., Ste. 250 Torrance, CA 90505 A request to consider an annexation to the City of Lake Elsinore and to pre -zone it to R-1 single-family residential district. SIZE AND LOCATION The site is approximately 29.5 acres. It is located on the east side of Stoneman and the south side of the City Limits. Assessor's Parcel Number: 370-120-022 ENVIRONMENTAL SETTING PROJECT DESCRIPTION The proposed project consists of an annexation and a zone change to facilitate the development of the said site for a 116 single- family subdivision (Tentative Tract 26142). After approval of the annexation by the City, the applicant will submit a request for approval of the annexation by Local Agency Formation Commission (LAFCO). AGENDA ITEM t,NO. 3 PAGE ' L OF EXISTING LAND USE ZONING GENERAL PLAN Project Site- Vacant County Low Density Residential R -R North - Vacant, County Low Density Residential 1 mobile home R -R East - Approved single- R-1 Low Density Residential family residences South - 20 unit mobile R-1 Low Density Residential home subdivision West - Vacant, County Rome Hills Specific Plan one home M-3 PROJECT DESCRIPTION The proposed project consists of an annexation and a zone change to facilitate the development of the said site for a 116 single- family subdivision (Tentative Tract 26142). After approval of the annexation by the City, the applicant will submit a request for approval of the annexation by Local Agency Formation Commission (LAFCO). AGENDA ITEM t,NO. 3 PAGE ' L OF Public Hearing ZC 90-4 GPA 53 May 16, 1990 Page 2 ANALYSIS Annexation The proposed annexation is an extension of the existing City limits and would not create an island. Zone Chan e: The proposed pre -zoning of this property is consistent with the current City of Lake Elsinore General Plan Land Use Map. SPECIAL PROJECT CONCERNS The site is located in an Alquist-Priolo Special Studies Zone and a fault investigation study has been done and based on the results of that study the potential for direct ground surface rupture due to faulting is low. ENVIRONMENTAL The project has been reviewed pursuant to California Environmental Quality Act (CEQA) and it has been found not to have a potential significant impact on the environmental. Therefore, Negative Declaration 90-12 has been prepared. RECOMMENDATION It is recommended that the Planning Commission recommend to the City Council adoption of Negative Declaration 90-12 and approval of Annexation 53 and Zone Change 90-4. FINDINGS Annexation: 1. The project will not have a significant impact on the environment. 2. The project is within the City's sphere of influence and abuts the City limits. Therefore, the request is a logical extension of the City limits 3. The project will provide the necessary public services to allow development. Zone Change: 1. The project will not have a significant impact on the environment. 2. The project is consistent with the General Plan Land Use designation. 3. The project is consistent with the pattern of recent approvals in the area. AGENDA ITEM NO. J PAGE ISOF LEGAL DESCRIPTION FOR ANNEXATION TO CITY OF LAKE ELSINORE Being a portion of Lot 12 in Block "E" of Elsinore as shown by a map on file in Book 6, Page 296, of Records of San Diego County, in the County of Riverside, State of California, described as follows: BEGINNING at the most westerly corner of Tract No. 24139 as per map recorded in Book 215, Pages 42-47 inclusive of Maps, Official Records of the County of Riverside, California; Thence northwesterly along the southeasterly line of Tract No. 22273,as per map recorded in Book 189, Pages 63 through 67, inclusive, Official Records of Riverside County, State of California, North 530 26' 26" West, 266.26 feet to the most southerly corner of Tract No. 12390-1 as per map recorded in Book 110, Pages 87-88 inclusive of Maps, Official Records of the County of Riverside, California; Thence northeasterly along the southeasterly line of said Tract No.12390-1, North 36° 35' 11" East, 338.64 feet to the most easterly corner of said last mentioned tract; Thence North 53° 24' 36" West, along the northeasterly line of said Tract No. 12390-1, 234.78 feet to the southeasterly right-of-way of Samuel Drive, as shown on said Tract No. 12390-1; Thence North 260 22' 22" East along said right-of-way, 0.85 feet to the beginning of a curve concave southeasterly, having a radius of 100.00 feet; Thence through a central angle of 10° 14' 11", an arc distance of 17.86 feet to end of said curve; Thence North 36° 36' 33" East, 11.62 feet; Thence North 53° 23' 27" West, 307.19 feet; Thence North 36° 36' 33" East, 154.04 feet; Thence North 53° 23' 27" West, 508.71 feet to the most northerly corner of said Tract No. 12390-1, said corner being a point on the southwesterly right-of-way of Stoneman Street, 60.00 foot width, as shown on said Tract No. 12390-1, the last 9 courses being on the southeasterly and northeasterly lines of said Tract No. 12390-1; AGENDA E O AGE� WOF � — Page 2 Thence northeasterly along said right-of-way, North 360 36' 16" East, 796.00 feet to a point on the northeasterly line of said Lot 12, Block "E"; Thence along the northeasterly line of said Lot 12, Block "E", South 53° 28' 56" East, 1319.18 feet to the most northerly corner of said Tract No. 24139; Thence South 36° 37' 01" West, along the northwesterly line of said Tract No. 24139, 1320.68 feet to THE POINT OF BEGINNING. Subject to: Covenants, conditions, restrictions, reservations, easements and rights-of-way of record, if any. WU/ACG/rk J.N. 757-07 May 3, 1990 jQRpF E S Slpn,�\\ w } Nq. 18701 1' r F.xp.6/30/93 �rT- CIVIL �FOF CAt�E��� L75707 Ronald J. Merry Date RCE 18701 Expires: 6/30/93 AGENDA ITEM NO. -3),, PAGE OF APN 370-120-022-5 Legal Description Lot 12 in Blocc E of ELSINORE, as sho•,,-n Dy Map on file in Boo:: o page _96, of Zaps, Records of San Uieoo County, California; F: -CE. _7:""3 Lne. _ _rr,7 gnat For tion recerdeS in 6Dor_ i10 page o7 and Count_, California; lain -,:ithi. Tract :�o. 1253--1, of tiiverslde ALSO E-�CEPIING therefrom that portion dedicated to the public by deed recorded January i4, 1960 as Instrument No. 6793 of Official Records of Riverside County, California, described as follows: A part of Lot 12, B1ocxc E of Elsinore, as shown by Hap on file in Book 6 page x.96, of Maps, Records of San Diego County, California, in Rancho La Laguna, more particularly described as follo..s: C,12�NCING at the Northwest corner of said Lot 12; THENCE North 36°36114" East a distance of 257.54 feet; THENCE 553'23'45" East 815.86 feet; THENCE North 36°36'14" East a distance of 112.13 feet to the TRUE POINT OF BEGINNING; ThENCE North 530,13'46" West a distance of 30.60 feet; T7ENCE North 36°36114" East a distance of 632.82 feet; Te.ENCE North o°23'461' East a distance of 21.41 feet; THE7NrE North 36°36114" East a distance of 60.00 feet; T.ENCE South 53°23'46" East a distance of 477.51 feet; THENCE Southeasterly along a curve to the left (radius - 100.00 feet) distance of 17.67 feet; THENCE South 53°37'57" East a distance of 41.04 feet; THENCE Southeasterly along a curve to the right (radius - 70.00 feet) distance of 43.53 feet to a point on the South line of said Lot 12; THENCE South 36°37'10" West along the South line of said Lot 12 a distance of 1079.70 feet to the South -vest corner of said Lot 12; THE1:CE ':orth 53'26'30" Hest along the 1Jest line of said Lot 12 a distance of 30.00 feet; THENCE north 53°26'36" West along the West line of said Lot 12 a distance of 30.00 feet; TnENCE North 36'37'10" East a distance of 991.48 feet; TrE10E Nor ch 023116" west a distance of 35.36 feet; T--7NCc Nor ch 53°23'46" tiest a distance of 433.10 feet; Tr.ENCE South o1035114" West a distance of 21.21 feet; T:.E:.CE Soli th 36'36'14" west a distance of V32.S2 Ieet; -H7-:"CE a -:th 53°23146" west a distance of 3V.6J _eat to the Point or Place rI .. ginning. Said land is located in the unincorporated area of said Riverside Ccun^_y. --d R°R 03 1' -O a a AGENDA ITEM NO. 3 PAGE OF--jL OFFICE USE ONLY Negative Declaration No. 90-12 Project: ZC r 90-4: Wesco Homes related i ems: r - nnex" 53 CITY OF LAKE ELSINORE ENVIRONMENTAL ASSESSMENT FOR]4 Developer or ProjectohnElmajian, Project Manager Contact Person: Address: 2601 Air rot Drive Suite 250 City: Torrance CA Zip: 90505 Telephone Number: ( 21 -)fig 9579 Environmental Information Prepared by: South Take Eatates Joint Venture Address:2601 AirpQrt Drive. Suite 250 City: Tnrranrp. CA Zip: 90505 Telephone Number: ( 911 ) 539-9579 Proposed Project Title: Assesso Location: Nort Ontario W Parcel Number: 370-120-022-5 side of Grand Avenue between Stoneman Total site acreage: Gross: 29.44 Net: For Residential Project: Number of units: 116 Dwelling units per acre: 4.00 Unit sizes (square feet): 2,000 sq. ft per house (appro.-:ic_.ee? 7,260 sq. ft average lot size 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. AGENDA ITEM NO. Iu PAGE I OF GENERAL EXISTING LAND USE ZONING PLAN Project site Riverside Low County Density Vacant Land R -R Residential Surrounding North City Vacant Land, 1 Mobileho e R-1 Surrounding East Tract Map No. 24139 Low 74 lot subdivsion City Density Single Family Residence R-1 Residential Surrounding 20 units South Mobilehome County Low Density subdivision R -R Residential surrounding West One home County Vacant Land M-3 AGENDA ITEM NO. Iu PAGE I OF xi xl x I xI k x1 1 �14 x! xl I I I I I I I I x1 ( I ! I f I I I I I I I I l I I i P b T N N 4 N b O 1 N N C 9 w T- N 1 W N w • H U OV Pr. 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G C N 4 U q G q S O d G d H 9 d P G N - G •N L E- a H V O ✓6U U- OG✓N >>,�d YC L>b U q N P O U b P N O 4✓C F G > G a O C 3 N 0 .1. O O U L + D D n N ✓ d U O TV, U 4 N q q > U -O N nH H3> U d LG6 EN.'•P� WG +R+ N I ✓ O D dN ddW> > N wU Cn] O J O > 0D0p q OH ✓U C n C ✓ b O o ✓ 4 O N.n N d d R d.n'O Nn d N 9 q G U - LLL t: NG HYd N>T a J O. -aAn JV - GXaCON NN 1 :a „✓ b O C d a U d H N E O q 0 HL Nc EMO A✓d'U Rq dD WC✓. r N N -n O N Y✓ N R U 9 L d w 9 H -n d d O P g q N ✓ L M P'n N E T U A U H] 4„ •r 9 d N D Y p d✓ G O 4GUY ••V O' LUON U 'O .r U P H D b N IC n O g U C �'� H ✓ d w e qJ nuc^ RNGw NnY 4✓ RO. O H M O> d i L U U U 4 U 1 d N a b d 6 E Y N M C q U .. d- A a G H d N +� ✓ p d H•� d O_n R a d C OO G pb ✓nO.A U YD PRTO NN0A L un NbP tl• dONAd RY Hrr U NC" ✓ 3 4 O N T d „ „ L Y .n > E U g W H O] q O U C p L. c C H - U 9 N n a A `-' 'J ✓'n O L 1. G O q] N N w N✓ R N O U N t q ~ t. N d -. n1 P w 4 g q N U✓ a N d N N a d "J O'O ✓ a qn A K G q O is P d'•1 U H d N A N A G A A a✓> F ^r Y W N a H q O d O W N N J 4 H d 2 3 N G] d R R Y H O V O H n w O C H H I W O N N N N a MRN b Cl a U C -1 R S N C a✓ A a'•1 C. U P.+� ✓ U'n N O a Y O N 0 P WLL uq✓1' d.n O 'nV CCEYN✓ dq �q LL J W✓ w V K N U O 9 U N •y N n H .nq RN Pd✓q tlRqu d > a> nNl.c✓cR d fids G z Ln N o H R w 4 9 U W F n- H- C 6" R U 4 N x i I x1 I xI I I i I I>i I I I>1 I I I I '9 H ti H i T�U N d O q H 1 1 •O O 0.L t• 0 Y J O N D D H N N Y G P N H'O q G q 4 O aH H N 4- O -9L +J r•G RH Jt+ U 6 d O N TT O N N N U O N.r O q q .r Ot I00 Ta 746 D'~a OG CL 0 Oq -p•L N D O q U L n O G O CN 4 RN u NY NNn .+L d a -q RO O R a q d O O } Y C W - U 1 N ti O U d 0> W W N L 9 O t: a T LYH0.d LNa P.Gdi r DN.O r✓PRWU UG GA .NOP GN'OGn wOO d04 UgU -NYn Oa: ' WORURNPnO L9bHA`.Rn]+l N O a 00, OY UO.aA wC aGOcc O P , r -J d a 00 G]0C N1 O -r4 4H UO UG N C] Y✓ d N -+ a U a b C N d O 4✓ N - C A A✓ 4 U a a E 4 a D d H G H a O a C :� H 4 q� } q G U ] A G P C] D O ] N 4 a O"n P O �• ✓ 2 r YU'J H0.y G]Y 6Y aL GNCn-.b Na O✓L'O- N 1. 06 qOq d nq T✓✓ 09Yr �1 UX RI•Un.. GGY OW LNa G4Ga Gqn L4L- t14 19 Xd].+• G Dnb 0U0 UPw FO]w 43a UdUbt:Uu.+ WRb b. y.. H , W N 9 A U E a w P " AGENDA ITEM NO, �� PAGE_,,, 0 OF 2 I I I I I \ t L N 1 U 1F \ ✓I d U Y T N .n O O H HH H U L ] H p Rw p ] O 6 q 0 H{ q O] O 6 b N O H O > •-I U d O Y d L O �\ H N F 9 p N H N H a p G y C 0 O O •y u U L 6 Y q q O ✓ q'n u L M q a G✓ 0 O L✓ H d M1 b b U U N U d b'n ✓ U O d O T a H? O U++ O P'n 0 O✓ 0'n q �].. d mo—=o LwOH p LdM1 4o 1R .moi C LS' Q V O M Y O 6 W ✓ O O 3 •� N O .y 6 p M M d V H 0 M d V 0 H✓ P d H =C01Ui O 0.Vi�On 6d 4 N CMI 0.Hd N [J N� N MCI N N V N d . g1U 2.112 . 12 ~ T a d L '1 Y C r• L'n q > L G Cu✓H a Yaa Hn M>db'nY Y✓G✓ ✓+\9Y U U N HO O 4 g M a G ] •y P N .y •'1 M Y O .'I 9 Y L ti d b a d q N 0 H d ti m a Y •\ W H N'n U Y ] w] M% q O a H b'✓ Y ] 3 ti✓ L d 3 ti q 6A 0 O 0 0. U tl✓ 3 4 0 0. M N -n Y U .4 G -+C ti • a q L y ] ] aN✓'✓ u c c u v p O N N g I I I I I I V I I I XI X I XI I I I I I I I I I I i l l l I I I XI >4 >d X I xi I I 'fix I xl '9 >1 I i 1 1 ✓ r q dN ^I I N Nwa \- C a 0 q •+ O S I N O -•\ F H O 10 N r• N H L 1 6 O a a A d p u q M P q E H v a 6 r. O 0. N 'p G U O F L H ] G] C W N q d P O E G O 3 N d X a 6 ] N H O 3✓ U N 4 ✓ H n O NG 0.a Hd�P q Y G P N d qr1 ^1 r• q 6-na ..uJga M1 Ur. AD N 4 .4h qn -O RGAF P N Y M D Y LpxL Wu aU>.nLgV �+ W T Y Y✓ P. L t] Y U C O H„ 4ti ✓ H P H N P a O a 0✓ O G 0 N U G 0. ✓ H Un H> L O q U q 9 •+ T C— n ✓ H H 3 •+ C 3 U u J w N Y H✓ w F d G d C% a d N ✓ w q N M N H G •y F a q a .. ✓ O 9 U a'n O'n B d q G d C D d ✓ 'I ] F ✓ 9 q ti g V D a 4 N N H'n v 4 •GGtO Y U Lti G L ✓a a U NDNO Y O R 3•• OHL •vAgO LO N q .� ' U Y Y'ti d� H ✓ N .v F d M .y U A w q 'N a H d N w 0. N N w L n O✓ ✓✓ a q G d O O U U N a H O W L] a G Y 0 d ✓ O U N 3 b N a U U j q ✓ H R C a > M1 N O 0. O✓ O 3 F N d N Y � F OO 4 r• H M q'n O N n 0 ✓] 0 G H ti H q q t✓ G O L 0 Y d m L >'n p N a A WN O 0 3 1 �•+ O F ✓ .na b 1. L D'•F� R a N O •'\ a n M1 P U 3 •• M d g D a H 3 O F M1 ] 9 L d ]✓ N U A H C y ✓ Ci N UI p N q ✓ ti N Hn G O]✓ C U'n d N C O H ] M H 6 D N N ✓ H✓ S G ^ „'n ] q d XC N+\D ai +\ w NgHaC „+\NM 3 N 3 MO N .LH aNAP LY ✓ ap�w.>. q] U u U H L H O U q L 4 d A E] O• Ov L• a N W✓ F q H Ntl Q N O O q a ✓ O M N v F n G d✓ U a N O 0 C .. R U 2 N N N q q U L L'n I•: G N 7 b Y 6 F d 3 „] Y O b N N T O O M G r q> a yl N b'n d 41 LV 0> XI >1 >1 XI " 1 >1 > I >1 I '� v i I I I I I I I I XI i I I 1 a N W ti O N A N'•+ C 1 N] Y q G •• F p PIED L wa Oq 0 FO �4u tl'n0 tl0'n G+F\ ✓6 00 YO u'.. O U Y O H F 7 H O 09 H C 0 O H 0 O N M O G "W 6-n F'n a H ✓ O✓ d Oc 0D +I H C - O O HYL O- Y q N 9 ] V d✓-� Du1C ✓O q L H Nq+ItiH U 4NVG 4P9 Yti Yq P q Nq6 U „a0 ~ qN YG Y �q OND -n OY 'n i0 OGD q❑ N.i NM YY ati0 1 L ,>a ✓ Q9 O -n vd 0] D U H H] a q n 9 � ti '� S H M d d „ q p,L •Y b a G N Y R N ] d U q O qY :.Y d 6.y L X U •H>N M �Pq ON UH N+\ b -P 0.R OH MY C O u d p G N a D 0 H G b G E N O'u M L 4 ✓ q D q 3 •• D W O'N Y U ] .'\ O 1, ] L L Mn N M a X do 'N G Y U 0I. Y O Y ON Y•S.ArO- •qO+GYu dUV „✓H] •'9l1aaC Y NdO Lq „ N Wqag d 9Y LELH wU T ti' „Ub6 O> D•ny X6- OaO Uq MUMO G O YO O4 MI. YO F FO 00 q Y -Nw ON dF YHd a> OdUMUN✓ O,VC -n✓d O C n YPr• N6P ,• d b U N p O N C G U N G a N tl •v C E F •• 3 b d M H Y O N U 3 C G N ✓ C d q H U N bn d H A T q O H 6'fl P N �\ X d q'n a f•' C N E M 9 q 6 q'n U M aC. "y H d O O H d w V M U •Y O U N C d G Y G] '� d H N H Y r1 N D N OI d F] X Y M✓ 1" M N 0 Y d✓ 6\ U C w H N T Cu U ATN Wq GO 10 H0AYD000 YYD P P Ot C'OC PH A'xN Y✓ 'U ✓1'q U U o u u a m v7 H w ] c d o Y H L '.1 o'n .n U.n q d C✓ d N 4Y a•p a w c O ] x N6T q H c ti O H c q.n UGL:LL ,.p O NqM O B 4Y0GU✓9Y H �G r• U N Uq6 W'nw Nd0 K40q KLM MLA ✓ p b O O .+ O w N O w M O H H • H 4q✓Oq StlUG N2 q A u •O v W AGENDA REM NO. PAGE ' OF FOR OFFICE USE ONLY YES MAYBE NO I. 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? All of the above must be answered "no" for a negative declaration to be issued. II. DETERMINATION: The proposed project should not have a significant effect on the environment and a Negative Declaration will be prepared. Although the proposed project could have a signifi- cant effect on the environment, it will not in this case because of the attached mitigation measures. A Negative Declaration will be prepared. The proposed project may have a significant effect on the environment. An EIR is required. III. REVIEWED BY PLANNING DI DATE: l -C— RECTOR DATE: AGENDA ITEM NO. ---� PAGE 'Z� OF a ENVIRONMENTAL ASSESSMENT FORM (Continued) 3. Project Description: The project consists of an Annexation of 29.44 acres from Riverside County into the City of Lake Elsinore, a zone change from County Rural Residential (R -R) to City Single Family Residential (R-1), and a general plan amendment to low density residential. We will be filing one Tentative Tract Map of approximately 116 lots (4.00/acre) shortly. 4. Related Permits: The project will require approval from Riverside County Local Agency Formation Commission (LAFCO) for the annexation into the City. Pursuant to our meeting with LAFCO, they are in full support of our request for annexation. We may also need to coordinate with the the U.S. Army Corps. of Engineers. In light of our adjacent project (Tracts 24135, 24139 & 24215), it is most likely we will only be required to acquire a Nationwide Permit which falls under a catagorical exemption. 5. Environmental Setting: The property consists of a gentle northward sloping terrain from Samuel Drive to the lake. The property currently has no urban use occuring on the site. The property is surrounded by residential uses on the south and east. To the north and south is vacant land. A very small portion of the property drops below and elevation of 1267' and consequently into the level of the adjacent floodplain. Also, a small portion of the property lies within the Alquist-Priolo Special Study Earthquake Zone. We have conducted a geologic fault study to show that the property is not subject to any active faults. The final report will be available shortly. The soils consist of a layer of topsoil (1.5 to 2.5 feet thick) comprised of soft sandy silt and loose silty sand, underlain by late Pleistocene to Holocene age alluvial deposits consisting of sandy silt and silty sand, and Pleistocene age sedimentary bedrock of the Pauba Formation. The toxic report shows the site has never been subject to any toxics. Annual grasses and weeds make up the only vegitation on the site. There are no sensitive or endangered species located on the site, only typical animal life as expected on any urban fringe. There are no cultural, historical or scenic aspects on the subject property. 6. Energy Conservation: A. The maximum building heights of the designed homes will not limit solar access rights. In addition, by complying with City setback requirements, solar rights will be further protected. B. All the buildings comply with Title 24 energy requirements. The developer has made every effort to use passive solar systems in their design. C. The developer has met and/or exceeded State and City Code requirements for energy conservation. 7. Environmental Impacts: l.b,e There will be disruptions, displacements, compaction and overcrowding of the soil and potential soil erosion, in order to facilitate site development. Grading will be limited to cuts and fills and compaction of soil material will be required. While AGENDA, ITEM NO.,r..1,�� PAGE OF 5 . ENVIRONMENTAL ASSESSMENT FORM (Continued): grading will be monitored by a registered geologist, the applicant will provide both temporary and permanent erosion control to the City standards. Therefore, no significant impact is expected. l.g The northeastern portion of the subject site is located within the Alquist-Priolo Special Studies Zone. The site has also been identified as an area potentially subject to liquefaction. Based on a report prepared by California GeoTek in 1982, we are preparing a geologic fault investigation for the subject site. Our investigation re -trenches the work done in the 1982 report. The results of the study indicate that no geomorphic or shallow subsurface expressions of faulting were observed in the field. The final form of the report will be available shortly for your review as well as the County Geologist's review. However, based on the investigation, we feel direct fault rupture should not be a factor for the subject site. The soils report for this site indicates a liquefaction potential. By utilizing a combination of soil recompaction and the use of post -tension foundations and flexible gas lines, the impact will be mitigated to insignifigance. Note: The liquefaction study prepared for the adjacent Tracts 24138, 24139 and 24215 is available upon your request. 3.b The project will result in a decrease in absorption rates created from the overcovering of the soil with impervious surfaces. This increased run-off will not be significant since the project will incorporate adequate storm drain facilities. 3.i The northeastern corner of the subject site could be inundated by a 100 year flood. However, the proposed building pads will be located above the 1267' base flood level, thereby mitigating this potential impact. 6.a The project will increase existing ambient noise levels and will expose people to higher noise levels during construction. The increase of noise from vacant land to a developed subdivision is not expected to be significant to surrounding developed properties or future owners of this subdivision. Construction noise levels will be regulated by City Zoning Standards. Therefore, noise impacts are not expected to be significant. 13. The proposal will result in additional vehicular trips on Ontario Way, Samuel Drive and Stoneman (via Samuel Drive) and will alter the existing transportation network. Should it be required, a traffic study will be prepared to review the extent of potential impacts both on and off-site. However, with the street improvements of the project, we expect no significant impacts. 14.a,f The proposal will result in an incremental increase in demand for fire, police, schools, recreational, maintenance of public facilities and other governmental services due to the construction of new residential units and public roads and facilities. These service costs will be mitigated by current AGENDA ITEM NO. _ 3 PAGE_ OF, ENVIRONMENTAL ASSESSMENT FORM (Continued): fees levied at the time of building permits. In addition, property and sales taxes generated from this development are expected to provide additional revenue to the City to pay for these services. 16.a -e The project will result in the need to extend or expand the power, communication, water and sewer systems. Since all of these services are immediately available and located adjacent to the subject site, no significant environmental impact is expected. AGENDA ITEM NO. n PAGE OF ,/ .� REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: June 12, 1990 SUBJECT: Conditional Use Permit 90-4: Lake Elsinore Christian Fellowship (Morris and Morris); an appeal of Planning Commission denial of a request for a Conditional Use Permit to allow a church in an existing light industrial zoned building. PREPARED BAPPROVED BY: V ✓ �� ��t�yf� Dan Fairbanks Dave Gthderman Assistant Planne Comm. Dev. Dir. APPROVED BY:L� � Ron M lendyk City Manager BACKGROUND At its meeting of June 6, 1990, the Planning Commission denied this request for a conditional use permit to allow a church in a light industrial zoned district by a 4-0 vote with Commissioner Brinley absent (staff report attached). Planning Commission discussed the intent of the limited manufacturing district and indicated that they did not find a church compatible with the limited industrial zoning designation. DISCUSSION The intent of the "M-1" district is to reserve appropriate locations consistent with the General Plan for certain categories of light industrial uses that are free of nuisance or hazardous characteristics and to protect these areas from intrusion by residential, commercial, and other inharmonious uses. PLANNING COMMISSION CONCERNS After review of the application and the public hearing, the Planning Commission cited the following concerns: Necessity to protect and segregate industrial uses which possess objectional characteristics including dust, odor, noise, and hours of operations from less intensive uses including office, retail, residential, and public meeting facilities. Avoid a precedent of allowing non -industrial land uses in industrial zoned districts. This type of land use could prevent future industries from locating in areas where non -industrial uses are located. 3. The characteristics of industrial land uses are incompatible with residential and commercial uses. These less intense uses must be protected from the objectional qualities of an industrial use. AGENDA ITEM N0. -� PACE / OF I Page 2 June 12, 1990 Subject: CUP 90-4 It is recommended that City Council concur with the Planning Commission and that City Council deny this appeal for Conditional Use Permit 90-4 to allow a church in the M-1 Light Industrial zoned area. It is recommended that the Redevelopment Agency concur with City Council action. FINDINGS 1. That the proposed use, on its own merits and within the context of is setting, is not in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. That the proposed use may be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. 3. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this Title. 4. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. 5. That in the event Commission approves the subject use at the specific location, there adverse effects on abutting property or the permitted and normal use thereof. 6. That in the event of approval, adequate conditions and safeguards pursuant to Section 17.74.50 have been compiled by staff for the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. AGENDA ITEM NO. PAGE Y, OF PLANNING DIVISION REPORT TO PLANNING COMMISSION Public Hearing CUP 90-4 June 6, 1990 PREPARED BY: Mark Rhoades APPROVED BY: ctst� Mark Rhoades Davenderman Consulting Planner Comm. Dev. Dir. OWNER/APPLICANT Lake Elsinore Christian Fellowship 29308 Gunder Street Lake Elsinore, California 92330 USE Conditional Use Permit to operate a Church in an existing light industrially zoned building. SIZE AND LOCATION One of two units in a 6,247 square foot industrial building in Warm Springs Industrial Park, 550 Third Street. ENVIRONMENTAL SETTING BACKGROUND/PROJECT DESCRIPTION The application for this request was filed May 11, 1990 with the City of Lake Elsinore Planning Department. The proposed location is an existing industrial park site which is fully developed. The industrial park contains 16 buildings and a total of 24 units, with various types of light industrial uses being conducted in or proposed for each. The proposed location is one unit of a two unit building containing a total of 6,247 square feet. The Church facility as proposed will consist of a current congregation of approximately 75 individuals. The maximum number of individuals that will attend any one function is 100, as identified by the applicant for a Friday night meeting. The applicant has identified the following times and occupancy rates for the proposed use: Sunday 10:00 a.m.-12:00 p.m. @ 85 persons Wednesday 7:30 p.m.- 9:30 p.m. @ 30 persons Friday (one per month) 7:30 p.m.- 9:30 p.m. @100 persons Saturday (set up only) 7:30 p.m.- 9:30 p.m @ 3 persons AGENDA ITEM NO. 33 PAGE � OF_�LT_ EXISTING LAND USE ZONING GENERAL PLAN Project Site - Industrial Park M-1 Light Industrial North - Warehouse Facility M-1 Light Industrial East - Industrial Park M-1 Light Industrial South - Vacant/Agricultural M-1 Floodway Fringe West - Vacant/Agricultural M-1 Floodway Fringe BACKGROUND/PROJECT DESCRIPTION The application for this request was filed May 11, 1990 with the City of Lake Elsinore Planning Department. The proposed location is an existing industrial park site which is fully developed. The industrial park contains 16 buildings and a total of 24 units, with various types of light industrial uses being conducted in or proposed for each. The proposed location is one unit of a two unit building containing a total of 6,247 square feet. The Church facility as proposed will consist of a current congregation of approximately 75 individuals. The maximum number of individuals that will attend any one function is 100, as identified by the applicant for a Friday night meeting. The applicant has identified the following times and occupancy rates for the proposed use: Sunday 10:00 a.m.-12:00 p.m. @ 85 persons Wednesday 7:30 p.m.- 9:30 p.m. @ 30 persons Friday (one per month) 7:30 p.m.- 9:30 p.m. @100 persons Saturday (set up only) 7:30 p.m.- 9:30 p.m @ 3 persons AGENDA ITEM NO. 33 PAGE � OF_�LT_ Public Hearing CUP 90-4 June 6, 1990 Page 2 The proposed use would generate the need for approximately 25 additional spaces. The applicant has supplied staff with agreements from the surrounding users which will provide 42 parking spaces. These spaces will be available because the Church use is reciprocal to the business operating hours of the surrounding uses. ZONING The existing zoning for the proposed use is M-1. Church facilities are not permitted under Section 17.56.020 (Permitted Uses) or Section 17.56.030 (Uses subject to a Conditional Use Permit). Section 17.56.010 is specific in its use interpretation, especially concerning uses not appropriate. "The intent of the "M-1" district is to reserve appropriate locations consistent with the General Plan for certain categories of light industrial uses that are relatively free of nuisance or hazardous characteristics and to protect these areas from intrusion by residential, commercial, and other inharmonious uses." Churches are allowed by Conditional Use Permit to function in the R -A, R -H, R-1, R-2, R-3, C -O, C-1, C-2, and C -M zones. There is no provision for a church to operate in the M-1 zone. However, per provisions of Section 17.56.020, the Community Development Director has determined that churches may be approved in M-1 districts if a CUP is approved. GENERAL PLAN The General Plan designation for the proposed site is Limited Industrial. The General Plan states, "This designation provides for manufacturing and industrial uses." The proposed use is neither manufacturing in nature, nor is it an identified type of industrial use. Allowing a use which is not compatible with identified uses could set a precedent which may be injurious to future and existing industrial development. CONDITIONAL USE PERMIT The first finding which must be made to grant a Conditional Use Permit (Section 17.76.070.A) is that the proposed use must be in accord with the objectives of the General Plan and the purpose of the zoning district. In this instance the proposed use is not in accord with either the General Plan or the zoning district. The remaining five (5) findings can be made in the positive. However, all of the findings must be made in the positive prior to the issuance of a Conditional Use Permit. ENVIRONMENTAL ANALYSIS The environmental analysis identifies several potential impacts, all of which can be mitigated to issue a Negative Declaration. Item 8.a. pertains to the alteration of the planned land use. The designated land use is M-1, therefore, the desirable mitigation for this proposal would be either a Zone Change or a Zone Code Amendment. However, approval of the requested CUP will satisfy this concern. AGENDA (TEM NO. J PAGE 4 _ F Public Hearing CUP 90-4 June 6, 1990 Page 3 RECOMMENDATION It is staff recommendation Planning Commission deny Conditional Use Permit 90-4 based on the evidence in the Staff Report and attached Findings. FINDINGS 1. That the proposed use, on its own merits and within the context of is setting, is not in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. That the proposed use may be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. 3. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this Title. 4. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. 5. That in the event Commission approves the subject use at the specific location, there adverse effects on abutting property or the permitted and normal use thereof. 6. That in the event of approval, adequate conditions and safeguards pursuant to Section 17.74.50 have been compiled by staff for the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. AGENDA ITEM` N0. 33 PAGE / OF .t _ iIVED Lti�, PC .:;Rt 2 z 1990 -=--ate 11GlGC-i k e rr R /iron • Gf/a5 h bvft �' . %sY 2:: F^: Ptanningr Ciera. Sara, wAi'T,',,q 7h,,5 .Urr-174-/A ev yvv d-f1c+v7) irny C�v/dcA � �,+ cJ,s,'ivoe-� chAI'S Ti4.r��r/Iocv /f C o.•vGllli ''t f'o vc�. Us �e//tm,'7 tJ7.�i cv� �veaq� 7`v be Ab,4,67 ?o i.v To o.tie or T%v ,1.r/c�UST/ C �d,'IC>,'iv� -S �J'rf,c �.L5;ivoR o..s,'t that yvv �, do th, s e ,lea p/ rhovcyht . .4 chv/tc✓h ,'s sl �.�kT DF T/i,e i�,o�-/tT &4o C h aA ,:� h a.vy c, t% vSfr9.Cy ,Ove To e_ 5,'Oc ThL iircr ily,osTT C h� lch 3 .vcl %ham t 6A H4 6 /2r7o4-Er G '7L , lit e CL,/ Rtio cL, /� rin�va' Tkcim wh�R� They .l ,'v Tv CC.,'A AC_ They ,41te.Y� Ghd/�ch , us7 T b c.Sob�-/� 70 . �Ju ,l;vr c�osF . �' a�'� HdT .411 u/.3y,s Dui /hey Shv�p�� �'y you/ c,'fy -T vsGc� T0�© To h��it1� 4cl T,%(.c/) ,'f /li,oikk co,veyFyT 4-o 77.�t r f}n evol 14- chvGh The _T ASK TA -, +F yowl OA /' ft %h,s �F/i.,, � l s, :vG�R.CY y6v�t y AGENDA ITEM NO.n PAGE OF PART 2 DESCRIPTION OF USE: The location at 550 Third Street will be used for the gathering together of persons for the purposes of worship. The existing rear warehouse portion is intended for adult services. Office spaces are to be used for children's service and nursery care during church meetings. Seating accomodations will be provided by the use of fold out chairs. Seat spacing will conform to U.B.C. Sec 3316 (A) & (B) or appropriate local building and safety ordinances. Expected occupancy is 35 to 50 people for Sunday services. 2.1 HOURS OF OPERATION: Scheduled hours of operation are Sunday morning service from 10:00AM to 12 Noon and Wednesday evening service from 7:30PM to 9:00PM. 2.1(A) HOURS OF ADDITIONAL USE: One Friday of each month is scheduled for a crusade meeting held in the evening hours from 7:30PM to 9:30PM. This type of function will ordinarily draw an anticipated amount of people from around the surrounding area. However, the absence of regular membership (school age children) keep occupancy at between 35 to 75 persons. Consideration of a 1/2 hour prior and after services is required to allow adequate arrival, socializing and departure. 2.1(AA)ADDITIONAL HOURS CONTINUED: Saturday morning of each week from the hours of 7:30AM to 9:OOAM is reserved for cleaning of the building. Setting up of chairs, etc. Occupancy is generally restricted to a crew, consisting of the Pastor and 2 or 3 volunteers. 2.2 EMPLOYEES: The Pastor is the only "employee". there are no church employees, nor is there any anticipated future need. Necessary services for operation are provided by volunteers as described in Section 2, Item 2.1A "Additional Use, Hours of Operation". Administrative and clerical responsibilities are conducted offsite. As described in Section 2, Item 2.3 Processes/Materials by the Pastor and other volunteers, permitting no modification to the intended use of the building. Data related specifically to growth indicates that current membership has increased by 15 adult persons since established 4 years ago. Deletion in members is reasonably compatible with additions. The growth in membership appears not to be directly connected with Community development. Therefore, Generating no additional space requirements, additional church services or impact a need for employees. AGENDA i Lkq NO. PAGE__OF 2.1 TYPES AND VOLUME OF TRAFFIC TO BE GENERATED: Church hours of operation differ from area and associated facilities. Special attention was taken to avoid scheduling activities around peak hours of commuter traffic. Building is located in an area of minimal traffic during the hours of the proposed use. Site design of the development is cognizant of the hierarchy of the existing road system. Accessibility to the I-15 Freeway and local streets is permitted in all directions. Collier Avenue serves as a principal arterial for freeway access in East or West directions toward Main Street. Passadena Street serves as a minor arterial to Chaney Street providing inter -community connection of both Lake Shore and Collier in either direction. Passadena will serve as a future arterial to the central (Elliott) collector providing direct access to the freeway of 4 cornors. 2.1.2 CONSIDERATION OF FACTORS THAT INFLUENCE TRAFFIC: 1. Rural surrounding of development location. 2. Absence of commercial (C-1) Activity. 3. Non availability of public transportation Determine minor measureable impact on the immediately adjacent roadways. Assessment of peak direction of traffic is unnecessary. Dissimilar operating hours, limited usage of Sunday and Wednesdays minimize any probable disruption. The flow of traffic is expected from each direction East of the development and all areas surrounding the Lake. Without impediments or friction to traffic flow. Figures of estimated traffic generation are also restricted to membership, and conformity to the requirement set forth in chapter 17.66. 2.1 ASSESSMENT OF PARKING AVAILIBILITY: In accordance with chapter 17.66 of the City of Lake Elsinore "Parking Requirements", the intent of the parking ordinance is preserved. Compliance with sections .010 (Purpose), .020 (General Provisions) and .030 A.2 (Space Required) are met as follows: 1. Spaces required: (Refer to Part 2.1(B)) Parking availability Attachment. There are 42 available spaces in the immediate area. Following space requirements provisions of Section 17.66.030 A.2 "Places Of Assembly With Fixed Seating". Estimating a maximum occupancy of 75 people available parking spaces required are 25. AGENDA ITEM NO. 33 PAGE0) _OF 2.1 ASSESSMENT OF PARKING AVAILIBILITY: Street parking in front of site provides 180' of unmarked curb to the left of driveway and 110' on the right. Allowing 20LF per car. An additional 14 spaces are provided. Rear fenced area of building when striped will accomodate an additional 8 vehicles. 2.1.1 Offsite parking at the school district warehouse provides an available 31 spaces. Several other offsite locations exist. 2.1.2 The use of offsite parking is not required. No sidewalk exists on grass area between locations, therefore use of offsite parking could pose conditions materially injurious to properties. Design consideration allows efficiency for pedestrians with onsite parking. Pedestrian access from offsite locations are within reasonable walking distances. However, Safety and Welfare in respect to pedestrian flow patterns does represent caution. In addition to the above, a ridesharing program is available to reduce parking requirement and is a common practice among members. 2.1.3 In the event of a negative declaration pursuant to parking requirement. A plan for contingency parking been established, and will include implementing parking attendants to direct motorist to offsite parking. 2.1.4 In compliance with provision in Section 17.66.070 A thru E is as follows: A. No impact provided to peak parking demands as described in Section 5. Types And Volume of Traffic Generated. B. Attached for review are the name and hours of operation of surrounding activities. Attachment C. On May 7, 1990, the Pastor of Lake Elsinore Christian Fellowship met with each neighboring activity surrounding or adjacent to the proposed site. An understanding of the intended use, hours of operation and parking requirements were discussed. As specific in Section 17.66.070, a parking agreement will be established with the affected properties whereby the affected properties agree to allow the continued use of subject Ht, Cf�iVR ;i tPl FJG. 3-3 PACE,L_OF parking facilities effective following occupancy by applicant to outline 1. The agreement shall run with the property and be recorded with the County of Riverside. 2. An acceptable procedure established whereby the City shall be a part to any proceeding involving the revocation of parking. 3. Establish an appropriate minimum time frame for any notice of revocation. With appropriate time for Lake Elsinore Christian Fellowship to rescind parking with other offsite parking acceptable to the City. 2.1.7 Respectfully submitted as evidence of agreement is Attachment 2.1.B. List provides the property address, business name, person notified, and phone number to be reached. It is requested this list serve as a temporary evidence of intent upon Notification of Approval for a Conditional Use Permit. 1. Patrician Glass, 540 Third St. Contact Bobby York 7-4pm Monday -Friday 2. High Speed Ind., Inc., 542 Third St. Contact Dave Couch Monday -Friday 7-4pm 3. Werner Tool & Die, 552 Third St. Contact Werner F. Vogt Monday -Friday 8-5pm 4. J & B Installations, 554 Third St. Monday -Friday 7-4pm 5. Norman & Noroco Ind., Contact Richard Bratz Monday -Friday 7-4pm 6. Lake Elsinore Unified School District will take into con- sideration at their next Board Meeting giving permission for Lake Elsinore Christian Fellowship to use their parking spaces. Contact Michael T. McCarty 674-7731 AGENDA ITF-A NO. 3 J PAOE�OF m i >, •o G cc U J d G N n c U N x c c � u aY icY L^. L G \ Y Y � �C > Y G •.a U"L U C c = \ c I r i G c0 tr U ti Ci -fl U i r r < G L� cacu! ULti _ v� u m v i � c ea o > 1' < S+ m G. - r c z o 0 w c o -+ x y. C G z a �C w G O T N G r - u � u •o O o I CC, I o c c 'moo G U C O U L Ti CL 0 H to m s+ y O v U, � r � m �+ Gw H mw -,i m N }4 V .c UF .0 ro c a c� o 1a c; fa c c m Y O c; m d ti m CL G ,a c; m ccN m O +` U u [ G u •'; C T G 3 •r. H c: � T Y 1J •• r,- a � ro sr •r. u u F •rl x m app G 7 .S-- m s+ u O G OL+ W E it •r� b cc -14 m +j m m U G1 G ro � W O � u i N sr m 10 m O p Q) a U f -i U u m 00 o a •� b m W 0 o � 0 u G G •,1 U S4 m G m c >, a o 0 0 T < •O 6 N O H Y � n R v N y v i ci41)A ITEPA N'0. PAGE__a_OF > >, •o G cc J d G N n c U N c c 'moo G U C O U L Ti CL 0 H to m s+ y O v U, � r � m �+ Gw H mw -,i m N }4 V .c UF .0 ro c a c� o 1a c; fa c c m Y O c; m d ti m CL G ,a c; m ccN m O +` U u [ G u •'; C T G 3 •r. H c: � T Y 1J •• r,- a � ro sr •r. u u F •rl x m app G 7 .S-- m s+ u O G OL+ W E it •r� b cc -14 m +j m m U G1 G ro � W O � u i N sr m 10 m O p Q) a U f -i U u m 00 o a •� b m W 0 o � 0 u G G •,1 U S4 m G m c >, a o 0 0 T < •O 6 N O H Y � n R v N y v i ci41)A ITEPA N'0. PAGE__a_OF 3.3 PROPOSED IMPROVEMENTS: Owner has agreed to provide an additional restroom upon notification of approval of the Conditional Use Permit. Floor plan of proposed site (3.4) attached, with the exception of any unforeseen local Fire of Safety Codes, proposed site will remain unchanged. No existing or proposed improvements to location and exterior surfaces are required. Building meets all requirements for Group A Division 3 occupancies. Interior modifications of relatively minor scope may occur in connection with U.B.C. Section 3303 Exit Facilities for Group A occupancies, however, this is unlikely due to exceptions in Section 3318(A). AGENDA iFEM tip. 3� PAGEJ'Z-- OFj_� PART 4 SUMMARY 4.1 It is the declared and acknowledged intention of Lake Elsinore Christian Fellowship with respect to Community interest to provide a worship facility. The establishment of assembly areas satisfactory to the occupancy demands of church congregations are limited. Efforts to.accommodate appropriate -sites, alternative to ownership are minimized. Recognition of parameters set by real estate cost require churches consider leasing properties. Past development of the City occurred in a manner that existing structures in the surrounding vicinity do not meet requirements for capacity or parking, and cannot service the need for child attending or space for Sunday school. 4.1.2 The adoption of a general plan, and implementing policies for zone restriction has resulted to the extent that the area off I- 15 and State Highway 74, is the only area with buildings for lease that provide space and parking for occupancies of 50 to 100 citizens. Conditional use should be permitted or alternative found measures must be contemplated by City Planning, and council members. 4. 1.3 Lake Elsinore Christian Fellowship recognizes the constraint of existing topography, and range of effects that limit appropriate industrial sites in city's comprehensive plan. Understanding of the citys desire to welcome light industry, and are thankful in relation to its affects to the quality of life. 4.1.4 Spiritual need of the community should not be a minimum standard to be exercised in planning for healthy growth. If a building can not be leased, forcing churches to leave the community, impacts to demographic an related social institution and economics will be altered. Subject to obtaining a conditional use permit Section 17.54.030 U. permits churchs in the CM District, no probable impact exist that can not be avoided with approval of the conditional use permit. AGENDA !TEPA NO. PAGE/L.—OF AUTHOR'S STATEMENT Criteria utilized in the preparation of this submittal have been based on review of proposed site and individual characteristics related to the specific use. Thoughtful attention was exercized in presenting an objective view. Final summary information is intended to show that.the integrity of the city's zoning ordinance is preserved. Special effort to emphasize the importantce of the proposed project to Lake Elsinore Christian Fellowship is not intended to express a personal attitude, or bias towards intended use. It is important to realize that determinations made within this summary, and references to probable social impacts are the author's. Lake Elsinore Christian Fellowship sincerely hopes that this submittal meets with your approval. v,,,iitMNO. �i3 PACE_gOF CITY OF LAKE ELSINORE MEMORANDUM TO: RON MOLENDYK, CITY MANAGER FROM: DAVE GUNDERMAN, COMMUNITY DEVELOPMENT DIRECTOR 4r DATE: JUNE 7, 1990 SUBJECT: BRIGHTON HOMES DEVELOPMENT AGREEMENT Due to on going negotiations staff recommends a continuance of the Brighton Homes Development Agreement to the meeting of June 26, 1990. AGENDA ITEM N0. 34 PAGE__j_OF/_ REPORT TO CITY COUNCIL DATE: JUNE 12, 1990 SUBJECT: COMMUNITY FACILITIES DISTRICT 88-3 PREPARED BY: Com?%v _ APPROVED BY:�cS[. C C. Ray Wood, Adminittitative Ron Molen yk, Services Director City Manager BACKGROUND: The City Council by adoption of Resolutions 89-64 and 89-65 established CFD 88-3, a Mello -Roos Community Facilities District. The Resolutions set June 13, 1990, as the date for holding an election of property owners relative to adoption of a special tax levy on affected properties. Since proceedings related to the developments to which the CFD attaches have not progressed to the point at which the property owners are prepared for the election, it is desirable that the election be postponed. FISCAL IMPACT: There is no fiscal impact upon the City. RECOMMENDATION: It is recommended that the City Council adopt Resolution No.postponing the special tax election for CFD 88-3 to July 31, 1990. l AGENDA ITEM NO, PAGE OF RESOLUTION NO. O �S I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE POSTPONING A SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-3 TO SUBMIT TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT THE COMBINED PROPOSITION OF LEVYING A SPECIAL TAX, ESTABLISHING AN APPROPRIATIONS LIMIT, AND INCURRING BONDED INDEBTEDNESS 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, 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 AGENDA ITEM NO. PAGE OF taxpayers for of -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 calling an election in the Community Facilities District for Wednesday, June 13, 1990, to submit 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 a bonded indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A thereto; 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 WHEREAS, at the end of said public hearing the City Council duly adopted a Resolution of the City declaring the necessity to incur a bonded indebtedness to finance all or a portion of the Facilities for the Community Facilities District and calling an election in the Community Facilities District for Wednesday, June 13, 1990, to submit 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 a bonded 2 2280c5 AGENDA ITEM NO. / PAGE 3 OF l� indebtedness, such combined ballot proposition to read substantially as set forth in Exhibit A thereto; 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 that the election scheduled for June 13, 1990 in the Community Facilities District be postponed. Section 3. The election shall be and is hereby called and ordered to be held in the Community Facilities District on Tuesday July 31., 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 4. 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 S. The City Council does hereby submit to the qualified electors within the Community Facilities 3 ITEM NO. / 2280c5 AGENDA PAGE OF District at said --special election the combined ballot proposition described in Section 3 of this resolution, and designates and refers to said proposition in the form of 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 3 hereof. Each voter to vote for said measure and for levying said special tax, 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 tax, establishing such appropriations limit and incurring said bonded indebtedness shall mark the ballot card in the space opposite the word "NO." 2280c5 4 AGENDA ITEM NO. PAGE 5 OF (e) The ballots to be used at said special election must be received in the office of the City Clerk by 5:00 o'clock p.m. the date of the election; if all qualified electors have voted by such time, the election shall be closed. (f) 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 conclusion thereof shall determine the results of the special election and shall certify said results to the City Council. (g) 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 6. The City Clerk is hereby directed upon the passage and adoption of this resolution to publish a copy of the same once 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 tag, 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. 5 2280c5 AGENDA ITEMNO. PAGE —L— OF� PASSED, -APPROVED and ADOPTED this day of June, 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 6 2280c5 -GARY M. WA.WURN, MAYOR AGENDA ITEM �NO. - ')— PAGE _L_OF U 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? 7 2280c5 AGENDA ITEM QN . PAGE GE ORDINANCE NO. 892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT WITH RIALTO DEVELOPMENT CORPORATION, WHICH DOES BUSINESS AS L.D. JOHNSON COMPANIES. WHEREAS, the Planning Commission of the City of Lake Elsinore held a duly noticed public hearing on a proposed Development Agreement between the City of Lake Elsinore and Rialto Development Corporation on April 4, 1990, and found that the Development Agreement is consistent with the City's General Plan; and WHEREAS, the City Council of the City of Lake Elsinore held a duly noticed public hearing on the Development Agreement on April 24, 1990, and found that (1) the Development Agreement is consistent with the City's General Plan and the Ramsgate Specific Plan and (2) the previously certified environmental impact report prepared for the Ramsgate Specific Plan is adequate and complete for the Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Development Agreement between the City of Lake Elsinore and Rialto Development Corporation, as set forth in Exhibit A attached hereto, is hereby approved. The Mayor is authorized to execute the Development Agreement and, following such execution, the City Clerk shall cause a copy thereof to be recorded with the Riverside County Recorder within ten (10) days. Section 2. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. This Ordinance shall become effective upon the expiration of thirty (30) days from and after its passage. PASSED UPON FIRST READING this 22nd day of May, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER PASSED, APPROVED AND ADOPTED this 12th day of June, 1990 upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: Gary M. Washburn, Mayor City of Lake Elsinore AGENDA ITEM NO. ,- PAGE OF ATTEST: Vicki Lynne Kasad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: t it John R. arper City Attorney City of Lake',E sinore AGENDA ITEM NO. I^ PAGE L OF� KJ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF LAKE ELSINORE REVISION 5/1/90 Y:..f. ..ter �'�i•.� DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND RIALTO DEVELOPMENT CORPORATION, which does business as LD JOHNSON COMPANIES k a RAMSGATE DATED: _, AGENDA ITEM N0._ PAGE—LLOF _ I TABLE OF CONTENTS Pacre 2 3 1. PARTIES AND DATE . . . . . . . . . . . . . . . . . . . . 1 4 2. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . 1 5 3. RECITALS . . . . . . . . . . . . . . . . . . . . . . . . 3 6 3.1 Property . . . . . . . . . . . . . . . . . . . . . 3 7 3.2 Legal Authority . . . . . . . . . . . . . . . . . . 3 8 3.3. Consistency Finding . . . . . . . . . . . . . . . 4 9 3.4 Status of Project . . . . . . . . . . . . . . . . . 4 10 3.5 Consideration . . . . . . . . . . . . . . . . . . . 4 it 4. DEVELOPER PROVIDED AMENITIES . . . . . . . . . . . . . . 6 12 4.1 Description of Amenities . . . . . . . . . . . . . 6 13 4.1.1 Development Agreement Fee . . . . . . . . . 6 14 4.1.2 Feasibility Study . . . . . . . . . . . . . 7 15 4.1.3 Sales Tax Situs . . . . . . . . . . . . . . 7 16 4.1.4 School Site . . . . . . . . . . . . . . . . 7 17 4.1.5 Park Site . . . . . . . . . . . . . . . . . 8 18 4.1.6 Affordable Housing . . . . . . . . . . . . . 11 19 5. DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . 11 20 5.1 Scheduling . . . . . . . . . . . . . . . . . . . . 11 21 5.2 Periodic Review . . . . . . . . . . . . . . . . . . 12 22 5.3 Certification of Completion . . . . . . . . . . . . 12 23 6. VESTED RIGHT . . . . . . . . . . . . . . . . . . . . . . 13 24 6.1 Vesting . . . . . . . . . . . . . . . . . . . . . . 13 25 6.1.1 No Conflicting Enactments . . . . . . . . . 13 26 6.1.2 Intent of Parties . . . . . . . . . . . . . 13 27 6.1.3 Grading . . . . . . . . . . . . . . . . . . 14 28 i J-� PAGE�OF 1 7. 2 3 4 5 6 7 8 9 10 8. 11 12 13 14 15 16 17 18 19 20 21 22 11 9. 23 24 25 26 27 28 GENERAL DEVELOPMENT OF THE PROJECT . . . . . . . . . . . 15 7.1 Proj ect . . . . . . . . . . . . . . . . . . . . . . 15 7.2 Effect of Agreement on Land Use Regulations . . . . 15 7.3 Operating Memoranda and Amendments . . . . . . . . 16 7.3.1 Alteration of Permitted Uses . . . . . . . . 17 7.3.2 Increase in Density or Intensity . . . . . . 17 7.3.3 Increase in Height and size . . . . . . . . 17 7.3.4 Deletion of Reservation Requirements . . . . 17 7.3.5 Supplemental Environmental Review . . . . . 17 RULES, REGULATIONS AND OFFICIAL POLICIES . . . . . . . . 17 8.1 New Rules . . . . . . . . . . . . . . . . . . . . . 17 8.1.1 Processing Fees . . . . . . . . . . . . . . 17 8.1.2 Procedural Regulations . . . . . . . . . . . 18 8.1.3 Regulations Governing Construction Standards . . . . . . . . . . . . . . . . . . 18 8.1.4 Nonconflicting Regulations . . . . . . . . . 18 8.1.5 Certain Conflicting Regulations . . . . . . 18 8.2 Subsequent Actions and Approvals . . . . . . . . . 18 8.3 State and Federal Laws . . . . . . . . . . . . . . 18 8.4 Police Power and Taxing Power . . . . . . . . . . . 19 8.5 Life of Subdivision or Parcel Maps . . . . . . . . 19 COOPERATION AND COVENANT OF FURTHER ASSURANCES . . . . . 19 9.1 Third Party Actions . . . . . . . . . . . . . . . . 19 9.2 Further Assurances . . . . . . . . . . . . . . . . 20 9.3 Processing . . . . . . . . . . . . . . . . . . . . 20 9.3.1 Scheduling . . . . . . . . . . . . . . . . . 21 9.3.2 Processing . . . . . . . . . . . . . . . . . 21 9.4 Other Governmental Permits . . . . . . . . . . . . 21 ii AGENDA !TEM N0. PACE OF 1 2 9.5 Financing of Public Facilities and/or Services . . 22 9.6 Utilities Coordination . . . . . . . . . . . . . . 24 3 9.7 Covenant of Good Faith and Fair Dealing . . . . . . 24 4 9.8 Stephens Kangaroo Rat . . . . . . . . . . . . . . . 24 5 9.9 Highway 74 Realignment . . . . . . . . . . . . . . 24 6 10. PERMITTED DELAYS . . . . . . . . . . . . . . . . . . . . 25 7 11. ESTOPPEL CERTIFICATES . . . . . . . . . . . . . . . . . 26 8 12. RECORDATION BY CITY CLERK . . . . . . . . . . . . . . . 26 9 13. DEFAULT . . . . . . . . . . . . . . . . . . . . . . . . 26 10 13.1 Events of Default . . . . . . . . . . . . . . . . 26 11 13.2 Remedies . . . . . . . . . . . . . . . . . . . . . 27 12 13.3 No Waiver . . . . . . . . . . . . . . . . . . . . 27 13 13.4 Effect of Termination . . . . . . . . . . . . . . 28 14 14. INCORPORATION BY REFERENCE . . . . . . . . . . . . . . . 28 15 14.1 Recitals . . . . . . . . . . . . . . . . . . . . . 28 16 14.2 Exhibits . . . . . . . . . . . . . . . . . . . . . 28 17 15. APPLICABLE LAW . . . . . . . . . . . . . . . . . . . . . 29 18 16. NO JOINT VENTURE PARTNERSHIP OR THIRD PARTY 19 BENEFICIARY . . . . . . . . . . . . . . . . . . . . . . 29 20 17. ADDRESSES FOR NOTICES . . . . . . . . . . . . . . . . . 29 21 18. COVENANTS RUNNING WITH THE LAND . . . . . . . . . . . . 30 22 19. CONSISTENCY FINDING . . . . . . . . . . . . . . . . . . 31 23 20. TERMS AND CONSTRUCTION . . . . . . . . . . . . . . . . . 31 24 20.1 Severability . . . . . . . . . . . . . . . . . . . 31 25 20.2 Entire Agreement . . . . . . . . . . . . . . . . . 31 26 20.3 Signature Pages . . . . . . . . . . . . . . . . . 32 27 20.4 Time . . . . . . . . . . . . . . . . . . . . . . . 32 28 21. CONSENT OF OTHER PARTIES . . . . . . . . . . . . . . . . 32 iii AGENDA ITEM 140. PAGE---L--OF e. f E c 1( 17 I: I'. Ie 1� lE 1. 1F 1S 2( 2: 2: 2: 2< 2! 2 2' 2E 22. ASSIGNMENT AND NOTICE . . . . . . . . . . . . . . . . . 32 23. ENCUMBRANCES AND RELEASES ON REAL PROPERTY . . . . . . . 33 23.1 Discretion to Encumber . . . . . . . . . . . . . . 33 23.2 Entitlement to Written Notice of Default . . . . . 34 23.3 Property Subject to Pro Rata Claims . . . . . . . 34 23.4 Releases . . . . . . . . . . . . . . . . . . . . . 34 24. CONSTRUCTION, NUMBER AND GENDER . . . . . . . . . . . . 34 25. INSTITUTION OF LEGAL ACTION . . . . . . . . . . . . . . 35 26. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . 35 26.1 Compensation Insurance . . . . . . . . . . . . . . 36 26.2 Public Liability and Property Damage Insurance . . 37 SIGNATURES . . . . . . . . . . . . . . . . . . . . . . . . . .37 NOTARY ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . .38 EXHIBIT "A" - Property iv AGENDA ITEM NO. -/ PAGE % OF i 1 DEVELOPMENT AGREEMENT BETWEEN 2 THE CITY OF LAKE ELSINORE 3 AND RIALTO DEVELOPMENT CORPORATION, which does business as LD JOHNSON COMPANIES 4 FOR 5 RAMSGATE 6 7 1. PARTIES AND DATE 8 The parties to this Development Agreement ("Agreement") are 9 the City of Lake Elsinore, California, a municipal corporation 10 ("City"), and Rialto Development Corporation, a Texas 11 corporation, which does business as LD Johnson Companies, 12 ("Developer"). The project to which this Agreement applies is 13 commonly known as Ramsgate. This Agreement is made and entered 14 into on 1990. 15 16 2. DEFINITIONS 17 2.1 "Agreement" means this Development Agreement. 18 2.2 "DU/Acre" means dwelling unit per acre. 19 2.3 "CEQA" means the California Environmental Quality Act 20 of 1970 (California Public Resources Code Section 21000 et seq.) 21 and the state CEQA Guidelines (California Code of Regulations, 22 Title 14, Section 15000 et sea.). 23 2.4 "City" mean the City of Lake Elsinore, including its 24 officials, officers, employees, commissions, committees and 25 boards. 26 2.5 "City Council" means the duly elected City Council of 27 the City. 28 2.6 "Community Park" means a 31.0 Ac Gross/23.0 Ac Net park AGENDA ITE70. 5 PAGE OFL_ I in Phasing Area 1B, for the enjoyment of residents of the 2 Property, as well as residents of areas outside the Property. 3 2.7 "Developer" mean Rialto Development Corporation, which 4 does business as LD Johnson Companies, and its successors in 5 interest to all or any part of the Property. 6 2.8 "Development" means the construction and/or 7 installation of structures, improvements and facilities 8 comprising the Project as set forth in this Agreement including, 9 without limitation, grading, the construction of infrastructure 10 and public facilities related to the Project (whether located 11 within or outside the Property), the construction of buildings 12 and the installation of landscaping. 13 2.9 "Development Approval" and "Existing Development 14 Approval" means the Specific Plan. 15 2.10 "Development Impact Fee" means any fee adopted 16 citywide that relates to the provision of public infrastructure, 17 facilities or services which is applied to all development 18 projects in the city and which is not subject to abatement or 19 reduction. 20 2.11 "Effective Date" means the date this Agreement is 21 recorded in the records of the Riverside County Recorder. 22 2.12 ""EIR" means an environmental impact report for the 23 Project in accordance with the provisions of CEQA. 24 2.13 "Existing Land Use Ordinance" means the Specific Plan 25 and, to the extent applicable and not inconsistent with the 26 Specific Plan, the City's rules, regulations, official policies, 27 taxes and fee programs including, without limitation, the City's 28 general plan and zoning, subdivision and building regulations, E AGENDA ITEM N0. PAGE C1 OF 1 whether adopted by the City Council or by the voters in an 2 initiative, which are in effect as of the Effective Date hereof. 3 2.14 "Government Code" means the California Government. 4 2.15 "LAFCO" means the Riverside County Local Agency 5 Formation Commission. 6 2.16 "Neighborhood Park" means a Ac Gross/5.0 Ac 7 Net park in Phasing Area 2 of the Project, 2 acres of which will 8 be subject to joint use by the students and faculty of an 9 adjacent school. 10 2.17 "Phasing Area" means an area shown in the phasing map 11 which is included in the Specific Plan. 12 2.18 "Project" means the development project described in 13 this Agreement and the Specific plan. 14 2.19 "Property" means the real property which is the 15 subject of this Agreement and which is described in Section 3. 16 2.20 "Specific Plan" means the Ramsgate Specific Plan as 17 amended. 18 2.21 "Turn Key" means completion of an improvement to 19 either the Community Park or the Neighborhood Park in accordance 20 with City standards including, without limitation, City building 21 standards, as of the effective date hereof and dedication of such 22 improvements to the City. 23 3. RECITALS 24 3.1 ProDert„y. The Developer is the fee owner of the 25 Property which is located in the municipal limits of the City and 26 which is most particularly described in EXHIBIT "A". 27 3.2 Legal Authority. Government Code Section 65864 et sec. 28 authorize the City to enter into development agreements in 3 AGENDA ITEM N0. PAGE r; OF LI I connections with the development of real property in the City. 2 This Agreement is made and entered into pursuant to those 3 provisions of state law. 4 3.3. Consistency Finding. By approving and executing this 5 Agreement, the City finds that its provisions are consistent with 6 the City's General Plan and with the Specific Plan, and the City 7 further finds and determines that execution of this Agreement is 8 in the best interests of the public health, safety and general 9 welfare of the City's present and future residents, property 10 owners and taxpayers. 11 3.4 Status of Project. The Developer is in the process of 12 planning, financing and preparing for the Development, which is a 13 large scale, mixed use, phased development of some 3137 dwellings 14 and related schools, open space and recreational uses on 15 approximately 1,190 acres in the City and which is more 16 particularly described in the Specific Plan and the EIR. 17 Pursuing the Development as contemplated by the Specific Plan and 18 providing the mitigation set Forth in the EIR will require major 19 investment by the Developer in public facilities and on-site and 20 off-site improvements. The Development has been analyzed and 21 reviewed by the City as part of its process of granting 22 development approvals, in view of the enacted land use standards 23 and policies of the City embodied in its Existing Land Use 24 ordinance and in view of State law including, without limitation, 25 CEQA. 26 3.5 Consideration. The City has determined that entry into 27 this Agreement will further the goals and objectives of the 28 City's land use planning policies, by eliminating uncertainty in 4 AG EIV DA 11L— PAGE OF 1 planning for the orderly development of the project, to the end 2 that adequate long term plans regarding the provision of 3 "necessary infrastructure for existing and future city residents 4 can be developed and implemented. The City has further determined 5 that entry into this Agreement will provide the maximum effective 6 utilization of the resources of the City, at the least economic 7 cost to its citizens. Without limiting the generality of the 8 foregoing, the benefits conferred by the Developer pursuant to 9 this Agreement will help increase traffic capacity for the road 10 system of the City and will facilitate the installation of 11 certain other vital public improvements, both of which will 12 significantly promote the health, safety and general welfare of 13 present and future residents of the City. 14 In exchange for these benefits to the City and its 15 residents, the Developer wishes to receive the assurances 16 permitted by State law that the Developer may proceed to develop 17 the Project in accordance with the Specific Plan and its existing 18 financial and contractual commitments, and at a rate of 19 development of its choosing, subject to the terms and conditions 20 of this Agreement. In that regard, the City acknowledges that the 21 project is and shall be considered a single, integrated 22 development project and that each phase of the Project is and 23 shall be dependent upon the completion and occupancy of each 24 other phase of the Project and the full performance of this 25 Agreement by the City. 26 The assurances provided by the City and the Developer to 27 each other in this Agreement are being provided pursuant to and 28 as contemplated by State law, are bargained and in consideration F1 AGENDA ITE1R rju. C PAGE h�0'F / i ;�---.� 1 for the undertakings of the parties, and are intended to be and 2 have been relied upon by the parties to their detriment, such 3 that the Developer will be deemed to have a vested interest in 4 the Specific Plan, which will be the controlling land use plan 5 for the Project. 6 4. DEVELOPER PROVIDED AMENITIES 7 4.1 Description of Amenities. The City and the Developer 8 agree that the following amenities and improvements being 9 provided by the Developer and others as part of the planning, 10 financing and Development of the Project, will result in 11 substantial general public benefit. The following is a general 12 description of those amenities and improvements. 13 4.1.1 Development Agreement Fee. The Developer will 14 pay a special fee which will be called a Development Agreement 15 Fee ("DAG"), at the time of issuance of building permits, to be 16 used to fund the cost of municipal capital facilities and 17 improvements and municipal public services including, without 18 limitation, a civic center, a police station, a fire station, a 19 library, cultural facilities, senior citizen facilities, 20 recreational facilities and a corporate yard. The DAG will be in 21 the amount of $2,000.00 per residential dwelling unit or 22 $5,700,000, whichever is greater. Without limiting the discretion 23 of the City, the City expects that one-half of the DAG will be 24 used within the area which is the subject of the Specific Plan 25 and one-half of the DAG may be used anywhere in the City. The DAG 26 will not be subject to increase for any reason whatsoever and 27 will constitute the sole DAG that the Developer will be required 28 to pay. Upon reasonable request by the Developer, the City will 6 PAGE_ OF I provide the Developer with a periodic accounting setting forth 2 the amount of the DAG levied and collected by the City pursuant 3 to this Agreement and the specific purposes and/or projects for 4 which the DAG has been expended. 5 4.1.2 Feasibility Study. Within 3 months after the 6 Effective Date hereof, the Developer will pay the sum of 7 $100,000.00 to the City, which will be used for the purpose of 8 preparing a report to study the feasibility of a permanent civic 9 center site for the City including, without limitation, the most 10 feasible location of the civic Center and the most feasible means 11 of financing the same. 12 4.1.3 Sales Tax Situs. The Developer, shall cooperate 13 to the extent feasible to work with City and the Lake Elsinore 14 Foundation to keep the point of sale of products which are 15 incorporated into the Project, in the municipal limits of the 16 City. 17 4.1.4 School Site. The Developer will convey to the 18 Lake Elsinore School District of Riverside County, a school site 19 (8 .2 Ac Gross/8.00 Ac Net) in phasing Area 1B of the project, 20 which will be contiguous to the Community Park site referred to 21 in Section 4.1.5. The Developer will also convey to the Lake 22 Elsinore School District of Riverside County, a school site (14.0 23 Ac Gross/9.8 Ac Net) in Phasing Area 2 of the Project, which will 24 be contiguous to the Neighborhood Park site referred to in 25 Section 4.1.5. The Developer will convey both of such school 26 sites in a fine graded hydroseeded and irrigated condition and 27 otherwise on such terms and conditions as are mutually agreed 28 between the Developer and the Lake Elsinore School District of 7 i AGENDA ITEM NO. S PAGE_ L ___OF 1 Riverside County; provided, however, that such school sites will 2 be irrigated according to standards which are applicable to large 3 scale open space and provided further that in no event will the 4 Developer be required to spend more than $750,000 with respect to 5 such improvements. The City will take such steps as may be 6 necessary to cause the owner of each project which is adjacent to 7 the Property and which does not provide either a Park Site or a 8 School Site, to pay all park fees which are required by the 9 Quimby Act or by City Ordinance, at the time of recordation of 10 the first subdivision map or parcel map with respect to such 11 project and, using such park fees, will reimburse the Developer 12 with interest at the legal rate. The City acknowledges that the 13 future availability of the first mentioned school site for joint 14 use by the City after the conveyance by the Developer to such 15 School District, will be subject to mutual agreement between the 16 City and such School District. The City also acknowledges that 17 the Developer has previously conveyed a 10 acre school site to 18 the Lake Elsinore School District, the City will use its best 19 efforts to assist the Developer in negotiating an exchange of 20 such second mentioned school site for the 10 acre school site 21 which was previously conveyed by the Developer to such School 22 District. 23 The graded, turfed and irrigated school site located in 24 Tract 25479 will be operational by the issuance of the 100th 25 certificate of occupancy of said tract. The graded, turfed and 26 irrigated school site will be in Tract 25475 will be operational 27 by issuance of the 100th certificate of occupancy of said tract. 28 4.1.5 Park Site. Subject to the provisions of this 8 PAGE I OF 1 Section 4.1.5, the Developer will convey a Turn Key Community 2 Park site to the City, which will include 4 lighted ball fields 3 and 1 lighted soccer fields, concurrently with the opening of the 4 first model complex for the Project; provided, however, that the 5 Developer will not be required to spend more than $1,500,000.00 6 with respect to the same. In addition, no later than the 7 issuance by the City of the 500th certificate of occupancy with 8 respect to single family detached dwellings in the Project, the 9 Developer will install the remaining facilities in the Community 10 Park, including tennis courts, baseball diamonds, soccer fields it and basketball courts, but excluding a community building and 12 related facilities; provided, however, that except for a 13 community building and related facilities, the City will have the 14 right to substitute facilities in the Community Park on the 15 approval of the Community Development Director of the City and 16 provided further that the Developer will not be required to spend 17 more than $2,850,000.00 with respect to all of the aforementioned 18 Community Park facilities, including the aforementioned grading, 19 irrigation, hydroseeding, lighted ball fields and lighted soccer 20 fields. The Community Park site will be developed in accordance 21 with current applicable City requirements including, without 22 limitation, City design and building requirements. Before the 23 first subdivision map or parcel map for the Project is recorded, 24 the City and the Developer will use their best efforts to obtain 25 the approval of the City Council of concept plans for the 26 Community Park site. Improvement of the Community Park site will 27 be funded from the DAG which the Developer will advance with 28 respect to the first 1,425 residential dwelling units in the 9 '1 AGtNDA ITtM NQ I PAGE )1, OF 01 1 Project, which will account for the aforementioned $2,850,000.00 2 maximum Developer expenditure with respect to facilities at the 3 Community Park site, and any remaining costs of improvement of 4 the Community Park site including, without limitation, the cost 5 of any community building and related facilities, will be funded 6 using one of the mechanisms which is referred to in Section 9.5. 7 The City and the Developer will jointly endeavor to implement 8 such funding as may be necessary to pay the cost of such 9 community building and related facilities,on or before the 10 issuance by the City of the 1000th certificate of occupancy with 11 respect to single family detached dwellings in the Project. All 12 expenditures with respect to improvements to the Community Park 13 site will be subject to review and approval by the Community 14 Development Director of the City. 15 In Addition, in further satisfaction of the Developer's 16 obligations under the Quimby Act or the applicable City 17 Ordinance, the Developer will convey the Neighborhood Park site 18 to the City, in a fine graded, hydroseeded and irrigated 19 condition, by the opening of the first model complex for Tract 20 25475; provided however, that such Neighborhood Park site will be 21 irrigated according to standards which are applicable to large 22 scale open space and provided further that in no event will the 23 Developer be required to spend more than $250,000.00 with respect 24 to fine grading, hydroseeding, and irrigating such Neighborhood 25 Park site. The City will take such steps as may be necessary to 26 cause the owner of each project which is adjacent to the Property 27 and which does not provide either a park site or a school site, 28 to pay all park fees which are required by the Quimby Act or by 10 FG'�NDn i;Eh;; n�U. 5 GF�L�_ 1 City ordinance, at the time of recordation of the first 2 subdivision map or parcel map with respect to such project and, 3 using such park fees, will reimburse the Developer, with interest 4 at the legal rate. 5 4.1.6 Affordable Housing. The developer will provide 6 its fair share of affordable housing within the multi -family 7 zones of the Specific Plan pursuant to California Health and 8 Safety Code Sections 50079.5 and 50105. If area within the 9 multi -family zones prove deficient, areas with Commercial zones 10 shall be utilized. The total number of affordable units in the 11 low and very low income ranges, as determined by the County 12 median average, shall be 157 units. The affordable mix between 13 low and very low income ranges shall be based on the current 14 Housing Element standards. The affordable housing shall begin 15 construction upon the completion of 50% of the Specific Plan's 16 total units certificates of occupancy and shall be completed upon 17 the completion of 75% of the Specific Plan's total units 18 certificates of occupancy. 19 The City will assist the Developer in providing its fair 20 share of affordable housing by providing access to available 21 redevelopment set aside funds at the outset of the developer's 22 affordable housing project. Other economic incentives such s 23 bond assistance, reduction of development standards, etc., may be 24 offered at the discretion of the City. 25 The developer will be responsible for implementing changes 26 that from time to time may occur to the City's Housing Element, 27 where such changes occur on a city wide equitable basis. 28 The affordable units shall remain in the affordable 11 FnVEOF `{ 1 categories as long as the City of Lake Elsinore has a regional 2 affordable housing requirement. 3 5. DURATION OF AGREEMENT 4 5.1 Scheduling. Pursuant to Government Code Section 5 64865.2, the duration of this Agreement will be for 15 calendar 6 years from and after -the Effective Date hereof. Although 7 Development of the Project will be undertaken as soon as 8 reasonably practicable, the City and the Developer acknowledge 9 that the Developer cannot at this time accurately predict the 10 time schedule within which Development of the Project will occur, 11 except that it is in the Developer's present reasonable 12 expectation that it will be completed within the aforementioned 13 15 year period. Decisions with respect to the rate of Development 14 of the Project will depend on a number of circumstances not 15 within the control of the Developer including, without 16 limitation, market factors, demand, the state of the economy and 17 other matters. Therefore, so long as Development of the Project 18 occurs in a manner consistent with the City's Existing Land Use 19 Ordinance and this Agreement, the Developer will have the right 20 to pursue the Development of the Project at the rate and in the 21 sequence deemed appropriate by the Developer within the exercise 22 of its sound business judgment. For purposes of this Agreement, 23 completion of the Project will mean the date on which a 24 certificate of occupancy or comparable instrument issued by the 25 City for the last improvement or structure constructed pursuant 26 to this Agreement. Following the expiration of the aforementioned 27 15 year term, this Agreement will be deemed terminated and of no 28 further force and effect. 12 A6:;YL,Aiic..�n�•. _ PACE_4_LL_OFLLL_ 1 5.2 Periodic Review. The City will, in accordance with 2 applicable State law, review this Agreement at least once every 3 12 months from and after the Effective Date hereof. During each 4 such periodic review, the City and the Developer will have the 5 duty to demonstrate their good faith compliance with the terms 6 and conditions of this Agreement. Both parties agree to furnish 7 such evidence of good faith compliance as may be reasonably 8 necessary, or required. The City's failure to review the 9 Developer's compliance with this Agreement, at least annually, 10 will not constitute or be asserted by either party as a breach by 11 the other party. 12 5.3 Certification of Completion. Promptly upon completion 13 of the Project, the Developer will submit a draft letter of 14 completion for review by the City. Upon review, the City will 15 provide the Developer with a letter of completion so certifying. 16 this certification will be a conclusive determination that the 17 obligations of the Developer pursuant to this Agreement have been 18 net. The certification will be in a form that will allow it to be 19 recorded in the Records of the Riverside County Recorder. 20 6. VESTED RIGHT 21 6.1 Vesting. By entering into this Agreement and relying 22 thereon, the Developer is obtaining the vested right to proceed 23 with the Project in accordance with the Development Approval and 24 this Agreement, but subject to any remaining discretionary 25 approvals of the City required in order to complete the Project 26 as contemplated by the Development Approval and this Agreement 27 (which discretion will be exercised reasonably and in accordance 28 with the terms of this Agreement). By entering into this 13 AGENDA ITEM NO. S PAGE d l OF _ 1 Agreement and relying thereon, the City is securing certain 2 public benefits which help to alleviate potential problems in the 3 City and enhance the public health, safety and welfare of 4 existing and future City residents. In view of the foregoing, 5 the City agrees to the following: 6 6.1.1 No Conflicting Enactments. Neither the City 7 Council nor any other agency or department of the City will enact 8 an ordinance, policy, rule, regulation or other measure 9 applicable to the Project which relates to the rate, timing or 10 sequencing of the development or construction of all or any part 11 of the Project or which is otherwise in conflict with this 12 agreement. 13 6.1.2 Intent of Parties. In addition to and not in 14 limitation of the foregoing, no moratorium or other limitation 15 (whether relating to the rate, timing or sequencing of the 16 Development of all or any part of the Project and whether or not 17 enacted by initiative or otherwise), affecting parcel or 18 subdivision maps, building permits, site development permits, 19 special use permits, occupancy certificates or other entitlement 20 to use, which has been approved, issued or granted in the City, 21 or in parts of the City, will apply to the Project to the extent 22 such moratorium or other limitation is in conflict with this 23 Agreement. Notwithstanding the foregoing, if an ordinance, 24 general plan or zoning amendment, measure, moratorium, policy, 25 rule, regulation or other limitation enacted by citizens of the 26 City through the initiative process, is determined by a court of 27 competent jurisdiction to invalidate or prevail over all or any 28 part of this Agreement, then the Developer will have no recourse 14 AGENDA r PAGE OF L 1 against the City pursuant to this Agreement, but will retain all 2, other rights, claims and causes of action at law or in equity 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 which the Developer may have independent of this Agreement. However, the foregoing will not be deemed to limit the Developer's right to appeal any such determination of such ordinance, general plan or zoning amendment, measure, moratorium, policy, rule, regulation or other limitation. The foregoing will also not be deemed to limit the effect of Section 20.1. 6.1.3 Grading. Without limiting the effect of any other provision of this Agreement, the Developer will have the right to begin grading the Property at any time after the Effective Date hereof, subject only to securing the prior approval of the City, and such approval will not be denied based on season or date, provided that the Developer agrees to comply with all required precautions, to use due care in its grading activities and to take reasonable steps to prevent erosion, slippage and dangerous run off conditions. 7. GENERAL DEVELOPMENT OF THE PROJECT 7.1 Project. Except as otherwise provided in this Agreement, the Development Approval will control the overall design and Development of the Project and the EIR will control all mitigation measures required in order to minimize or eliminate material adverse environmental impacts caused by the Project. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the provisions for reservation and dedication of land for public purposes and other terms and conditions of Development applicable to the Property will be those set forth in this 15 AGENDA JEuu iNO L PAGE m�L OF I Agreement or in the Development Approval. Notwithstanding the 2 limitations of the Development Approval, the Developer may 3 construct up to 287 additional multi -family units in the 4 multi -family zones of the Project , at a density not to exceed 30 5 DU/Acre and at a height not to exceed 3 stories subject to design 6 review by the City. 7 7.2 Effect of Agreement on Land Use Regulations. In 8 connection with any approval which the City is permitted to give 9 under this Agreement with respect to the Project, or otherwise 10 under the Existing Land Use Ordinance, the City will exercise its 11 discretion or take action in a manner which is as expeditious as 12 possible and which complies and is consistent with the 13 Development Approval and the standards, terms and conditions 14 contained in this Agreement, and in a manner which will not 15 interfere with the Development of the Project for the uses 16 permitted therein, and to the height, density and intensity 17 specified in this Agreement and in the Development Approval, and 18 at the rate of Development selected by the Developer. Subject to 19 Section 9.3, the City will accept for processing and act on all 20 applications for further land use entitlement approvals which are 21 necessary or appropriate with respect to the Project. 22 7.3 operating Memoranda and Amendments. The parties 23 acknowledge that the passage of time may demonstrate that changes 24 are necessary or appropriate with respect to the details of each 25 party' s performance under this Agreement. Because the parties 26 desire to retain a certain degree of flexibility with respect to 27 the details of each party's performance pursuant to this 28 Agreement, if and when the parties find that changes are 16 AGENDA ITEM, NO. PAGE^� OF 1 1 necessary or appropriate, they will, unless otherwise required by 2 law, effectuate such changes or adjustments through operating 3 memoranda approved by the Community Development Director of the 4 City. After execution, each such operating memorandum will be 5 attached hereto as an addendum and become a part hereof, and may 6 be further changed from time to time as necessary or appropriate, 7 as provided in this Section. No such operating memorandum will 8 be deemed to be an amendment of this Agreement under Government 9 Code Section 65868 and unless otherwise required by law, no such 10 operating memorandum will require prior notice or hearing. 11 Notwithstanding the foregoing, the following matters will not be 12 considered as appropriate subjects of operating memoranda, but 13 will be considered substantive amendments which must be reviewed 14 by the Planning Commission of the City and approved by the City 15 Council. 16 7.3.1 Alteration of Permitted Uses. Alteration of the 17 permitted uses of the Property. 18 7.3.2 Increase in Density or Intensity. Increase in 19 the density or intensity of use or number of lots. 20 7.3.3 Increase in Height and size. Increase in the 21 maximum height and size in permitted buildings. 22 7.3.4 Deletion of Reservation Requirements. Deletion 23 of a requirement for the reservation or dedication of land for 24 public purposes, except for minor boundary adjustments approved 25 by the Community Development Director of the City. 26 7.3.5 Supplemental Environmental Review. Any 27 amendment or change requiring a subsequent or supplemental 28 Environmental Impact Report pursuant to Public Resources Code 17 AGENDA ITEM i` J 2 Li PAGE T OF ` 1 Section 21166. 2 S. RULES, REGULATIONS AND OFFICIAL POLICIES 3 8.1 New Rules. Although the City's rules and regulations 4 governing permitted uses of the Property, density of development 5 and design, improvement and construction will be those rules and 6 regulations in force on the Effective Date hereof, this Agreement 7 will not prevent the City from applying the following new rules, 8 regulations and policies: 9 8.1.1 Processing Fees. Processing fees and charges 10 imposed by the City to cover the estimated actual costs to the 11 City of processing applications for development approvals, for 12 monitoring compliance with any development approval or for 13 monitoring compliance with environmental impact mitigation 14 measures. 15 8.1.2 Procedural Regulations. Procedural regulations 16 relating to hearing bodies, petitions, applications, notices, 17 findings, records, hearings, reports, recommendations, appeals 18 and any other matter of procedure. 19 8.1.3 Regulations Governing Construction Standards. 20 Regulations governing construction standards and specifications 21 including, without limitation, the City's Building Code, Plumbing 22 Code, Mechanical Code, Electrical Code and Fire Code, provided 23 that such construction standards and specifications are applied 24 on a City-wide basis. 25 8.1.4 Nonconflicting Regulations. Regulations which 26 are not in conflict with the Development Approval or this 27 Agreement. 28 8.1.5 Certain Conflicting Regulations. Regulations W 1 AGENDA ITEM NO. ��— PAGE� OF--�`� I which are in conflict with the Development Approval or this 2 Agreement if such regulations have been consented to in writing 3 by the Developer. 4 8.2 Subsequent Actions and Approvals. In accordance with 5 Government Code Section 65866, this Agreement will not prevent 6 the City, in subsequent actions applicable to the Property, from 7 applying new rules, regulations and policies which do not 8 conflict with those existing rules, regulations and policies set 9 forth in the Development Approval, nor will this Agreement 10 prevent the City from denying or conditionally approving any it subsequent development project application on the basis of such 12 existing or new rules, regulations or policies. 13 8.3 State and Federal Laws. If State or Federal laws or 14 regulations enacted after the Effective Date hereof , prevent or 15 preclude compliance with one or more of the provisions of this 16 Agreement, such provisions of this Agreement will be modified or 17 suspended as may be necessary to comply with such State or 18 Federal laws or regulations; provided, however that this 19 Agreement will remain in full force and effect to the extent it 20 is not inconsistent with such State or Federal laws or 21 regulations and to the extent such laws or regulations do not 22 render such remaining provisions impractical to enforce. 23 8.4 Police Power and Taxing Power. The City will not 24 impose, or enact any additional conditions, exactions, 25 dedications, fees or regulations through the exercise of either 26 the police power or the taxing power with respect to the 27 Development of the Project except as provided in the Development 28 Approval or in this Agreement. However, nothing in this 19 AGENDA ITEh��4 (Nd. PAGE ar �' L 1 Agreement will prohibit the adoption and application of a special 2 tax approved by the City's voters, provided that such tax is 3 imposed on a City wide basis, or future Citywide Development 4 Impact fees. 5 8.5 Life of Subdivision or Parcel Maps. Pursuant to 6 Government Code Section 66452.6(a), the term of any subdivision 7 map or parcel map approved with respect to the Project will be 8 extended for the term of this agreement. 9 9. COOPERATION AND COVENANT OF FURTHER ASSURANCES 10 9.1 Third Party Actions. The Developer and the city will 11 cooperate in defending any action instituted by any third party 12 challenging the validity of any provision of this Agreement or 13 any action taken or decision made hereunder. Developer agrees to 14 assume the lead role in defense of any such action or proceeding 15 so as to minimize litigation expenses incurred by the City. In 16 addition, any action instituted by any third party challenging 17 this Agreement or any other permit or approval required from the 18 City or any other governmental entity, for the Development of the 19 Project, will constitute a permitted delay under Section 10. 20 Notwithstanding the foregoing, the filing, of any third party 21 action against the City and/or the Developer with respect to this 22 Agreement or any provision hereof, will not be a reason to delay 23 or stop the Development of the Project (including, without 24 limitation, the processing of any application of the Developer 25 with respect to the Development, the issuance of and building 26 permit or the issuance of any certificate of occupancy) unless 27 the third party obtains a court order preventing such activity. 28 The City will not stipulate to the issuance of any such court 20 AGENDA ITEDO ;:. — �� �J % t �– PAGE G' ---i I order. 2 9.2 Further Assurances. Each party covenants on behalf of 3 itself and its successors and assigns to take all actions and do 4 all things, and to execute with acknowledgments or affidavits if 5 required, any and all documents and writings that may be 6 necessary or proper to achieve the purposes and objectives of 7 this Agreement. Each party will take all necessary measures to 8 see that the provisions of this Agreement are carried out in 9 full. 10 9.3 Processing. Subject to the provisions of this Section, 11 upon satisfactory completion by the Developer of all required 12 preliminary actions and payment of all appropriate filing and 13 processing fees, if any, the City will, in accordance with the 14 Existing Development Approval, diligently prosecute to completion 15 any application for approval which is required by the Developer. 16 Without limiting the effect of the foregoing but also subject to 17 the provisions of this Section, the City will, in accordance with 18 the Existing Development Approval: 19 9.3.1 Scheduling. Schedule, convene and conclude all 20 required public hearings in an expeditious manner. 21 9.3.2 Processing. Process and approve all maps, 22 plans, land use permits, building plans and specifications and 23 other applications for approval with respect to the Development 24 of the Project. 25 The Developer will, in a timely manner, provide and/or 26 cause its agents to provide the City with all materials, 27 documents, applications, plans and other information necessary 28 for the City to carry out its obligations hereunder. In order to 21 AGENDA it civ; PAGE OF�_� 0 I facilitate the City's performance of its obligations pursuant to 2� this Agreement including, without limitation, its obligations 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 pursuant to this Section 9.3, at the request of the Developer, the City will hire such additional personnel as may be necessary to further expedite the scheduling and processing of the Developer's applications with respect to the Project; provided, however that the Developer will pay the entire cost of any such additional personnel and any such additional personnel will be assigned exclusively to the Project. 9.4 Other Governmental Permits. The Developer will apply in a timely manner for such other permits and approvals as are required by other governmental agencies having jurisdiction over the Project or the development of, or provision of services to, the Project. The City will cooperate with the Developer in its efforts to obtain such permits and approvals. In addition, the City will use its best efforts to assist the Developer in coordinating the implementation of the Project with such other governmental agencies. 9.5 Financing of Public Facilities and/or Services. The City and the Developer will in good faith use their best efforts to establish one or more community facilities districts, assessment districts, improvement districts, maintenance districts or other public financing mechanisms including, without limitation, one or more community facilities districts pursuant to the Mello -Roos Community Facilities Act of 1982, as set forth in Government Code Section 53311 et seq., for the purpose of financing the planning, design, construction and maintenance of public facilities (including, without limitation, the improvement 22 AGENDA ITLM NO. PAGE OF 7 4% 1 to the School Sites which are referred to in Section 4.1.4 and 2 the improvements to the Community Park site and the Neighborhood 3 Park site which are referred to in Section 4.1.5), including 4 related feeS and the acquisition of land therefor, and/or the 5 provision of public serviceS to the Project, to the maximum 6 extent legally and financially feasible. The parties expect that 7 bonds, assessments, liens or other such financing mechanisms will 8 be issued or levied to provide sufficient funds for the foregoing 9 purposes and the City and the Developer agree that, without the 10 consent of the City, the portion of average assessed real 11 property values in the Project allocated to real property taxes 12 and aggregate debt service may go up to but will not exceed 2% of 13 average assessed real property values in the Project, and the 14 City will take no action to limit such portion to less than 2% of 15 the average assessed real property values in the Project. 16 Although the parties will in good faith use their best efforts to 17 maximize the extent of structures, improvements and facilities 18 comprising the Project, which will be financed through the use of 19 such public financing mechanisms, the parties acknowledge that it 20 may not be legally or financially feasible to finance all of such 21 structures, improvements and facilities through the use of such 22 public financing mechanisms. Therefore, to the extent that the 23 public improvements or public services required by the City with 24 respect to the Project are in excess of the needs and demands of 25 the Project and will be utilized by future developments, the City 26 will use its best efforts to cause such future developments to 27 contribute to the costs of such public improvements and public 28 Services (including, without limitation, by participating in one 23 AGENDA ITEM NO. _5 PAGEOF- _J ' 1 or more community facilities districts, assessment districts, 2 improvement districts, maintenance districts or other similar 3 Public financing mechanisms) and, from the funds which are 4 generated by such public financing mechanisms, cause appropriate 5 reimbursement, including interest at the legal rate, to be made 6 to the Developer. The City acknowledges that completion of 7 proceedings to establish one or more of such public financing 8 mechanisms is critical to provide the parties with security for 9 the performance by the Developer of its obligation to cause the 10 Development of the Project to occur. The Developer understands 11 that the City has formed a joint powers authority under the 12 Marks -Roos Local Bond Pooling Act of 1985 known as the Lake 13 Elsinore Public Financing Authority, and that City policy 14 requires all public financing within the City to be funded 15 through the Authority. 16 9.6 Utilities Coordination. The City will use its best 17 efforts to assist the Developer in obtaining all electrical, gas, 18 telephone, cable television and other necessary utility 19 connections required for the Project. Within a reasonable time 20 after request therefor by the Developer, the City will approve 21 all connection and access points for such utilities, if they are 22 in compliance with the Existing Land Use Ordinance. 23 9.7 Covenant of Good Faith and Fair Dealinv. Except as may 24 be required by law, neither party will do anything which will 25 have the effect of harming or injuring the right of the other 26 party to receive the benefits of this Agreement and each party 27 will refrain from doing anything which would render performance 28 under this Agreement impossible or impractical. In addition, 24 AGENDA ITEM . N10 . PAGE '�4- OF _==- 1 each party will do everything which this Agreement describes that 2 such party will do. 3 9.8 Stephens Kangaroo Rat. The City will use its best 4 efforts to maximize the amount of/acreage which is released for 5 grading and allocated to the City pursuant to the Riverside 6 County Short -Term Habitat Conservation Plan for the Stephens 7 Kangaroo Rat and will take such steps as may be necessary or 8 appropriate from time to time, to secure such maximum allocation: 9 9.9 Highway 74 Realignment. The Developer will cooperate 10 with the City in forming such Community Facilities Districts, 11 benefit districts and other fair share public financing 12 mechanisms as may be necessary or appropriate to finance the cost 13 of acquiring right-of-way for the realignment of Highway 74 in 14 the proximity of the Property including, without limitation, 15 removing the existing road radius (which does not meet current 16 applicable road standards) and in realigning and improving 17 Highway 74 including, without limitation, making any concurrent, 18 required changes to the I-15 interchange, to current applicable 19 standards of the California Department of Transportation. 20 Developer will be required to dedicate and improve any additional 21 land necessary to accommodate Highway 74 improvements along and 22 adjacent to the Property's boundary. If required by the City, 23 the Developer will advance the cost of any feasibility study 24 which is required for such realignment and improvement and the 25 Developer will be reimbursed from the Community Facilities 26 District, benefit district or other fair share public financing 27 mechanism with respect to the same, with interest at the legal 28 rate to the extent that such feasibility study relates to 25 AGENDA PAGE OF 1 improvements which are not adjacent to the Property. 2 10. PERMITTED DELAYS 3 The Developer will be excused from performance of its 4 obligations hereunder during any period of delay caused by 5 casualties; acts of God; civil commotion; war; insurrection; 6 riots; strikes; walk outs; picketing or other labor disputes; 7 unavoidable shortages of materials or supplies; damages to work 8 in progress by reason of fire, flood, earthquake or other 9 casualty; litigation which prohibits or delays any aspect of the 10 processing or Development of the Project; initiatives or ll referenda; moratoria; unanticipated restrictions imposed or 12 mandated by governmental entities; or enactment of conflicting 13 City, County, State or Federal laws or regulations or judicial 14 decisions ; or any other cause which is not within the reasonable 15 Control of the Developer. Each party will promptly notify the 16 other party of any delay hereunder as soon as possible after the 17 same has been ascertained, and the term of this Agreement will be 18 extended by the period of any such delay. Notwithstanding 19 Section 13.3, any claim for delay must be presented within 30 20 days of knowledge of the cause of such delay or any entitlement 21 to time extension will be deemed waived. 22 11. ESTOPPEL CERTIFICATES 23 Either party may at any time, and from time to time, deliver 24 written notice to the other party, requesting that the other 25 party certify in writing to the knowledge of the certifying party 26 that: (a) this Agreement is in full force and effect and is a 27 binding obligation of the certifying party; (b) this Agreement 28 has not been amended or modified, except as expressly identified; M 1 AGENDA ITEM NO - PAGE OF J I and, (c) no default in the performance of the requesting party's 2 obligations pursuant to Agreement exists, except as expressly 3 identified. A party receiving a request hereunder will execute 4 and return the requested certificate within 30 days after receipt 5 of the request. 6 12. RECORDATION BY CITY CLERK 7 Pursuant to Government Code Section 65868.5, within 10 days 8 after execution of this Agreement by the City, the City Clerk 9 will record a copy in the Records of the Riverside County 10 Recorder. Thereafter, the burdens of this Agreement will be 11 binding upon and the benefits of this Agreement will inure to the 12 parties and their respective successors and assigns. 13 13. DEFAULT 14 13.1 Events of Default. Subject to any written extension 15 of time by mutual consent of the parties, and subject to the 16 provisions of Section 10 regarding permitted delays, the uncured 17 failure of either party to perform any material term or provision 18 of this Agreement will constitute a default. On notice to a 19 party of its failure of performance, such party will have 30 days 20 to cure such failure of performance; provided, however that if 21 the nature of the failure of performance is such that it cannot 22 be cured within such period, then the diligent prosecution to 23 completion of the cure will be deemed to be a cure within such 24 period. Any notice of default given hereunder will specify in 25 detail the nature of the alleged default and the manner in which 26 such default may be satisfactorily cured in accordance with this 27 Agreement. During the time period herein specified for the cure 28 of a failure of performance, the party charged with such failure 27 i AGENDA ITEM �WD PAGE OF LA I of performance will not be considered to be in default for 2 purposes of termination of this Agreement or for purposes of 3 institution of legal proceedings with respect thereto and, if the 4 Developer is the party that has failed to perform, then the City 5 will not be excused from its performance under this Agreement 6 during that period. 7 13.2 Remedies. Upon the occurrence of a default under this 8 Agreement and the expiration of any applicable cure period, the 9 non -defaulting party will have such rights and remedies against 10 the defaulting party as it may have at law or in equity 11 including, without limitation, the right to terminate this 12 Agreement. 13 13.3 No Waiver. The failure by a party to insist on the 14 strict performance of any of the provisions of this Agreement by 15 the other party will not constitute a waiver of such party's 16 right to demand strict performance by such other party in the 17 future. All waivers must be in writing to be effective or 18 binding on the waiving party and no waiver will be implied from 19 any omission by a party to take action. No express written 20 waiver of any default will affect any other default or cover any 21 other period of time except that specified in such express 22 waiver. 23 13.4 Effect of Termination. Termination of this Agreement 24 by one party due to the default of the other party will not 25 affect any right or duty emanating from any then existing city 26 entitlement or approvals with respect to the Project, but the 27 rights and obligations of the parties will otherwise cease as of 28 the date of such termination. If the City terminates this W, l� AGENDA ITEM NO. PAGE Oi= 1 Agreement because of a default of the Developer, then the City 2, will retain any and all benefits including, without limitation, 31 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 27 28 money or land received by the City hereunder. If the Developer terminates this Agreement because of a default by the City, then the Developer will be entitled to a return or a refund of all unused benefits and exactions paid, given or dedicated to the City pursuant to this Agreement including, without limitation; any unused part of the DAG referred to in Section 4.1.1. 14. INCORPORATION BY REFERENCE 14.1 Recitals. The Recitals in this Agreement are material and are incorporated herein by reference as though fully set forth hereat. 14.2 Exhibits. Any Exhibit to this Agreement is incorporated herein by reference as though fully set forth hereat. 15. APPLICABLE LAW This Agreement will be construed and enforced in accordance with the laws of the State of California. 16. NO JOINT VENTURE PARTNERSHIP OR THIRD PARTY BENEFICIARY The City and the Developer hereby renounce the existence of any form of joint venture or partnership between them and expressly agree that nothing contained herein or in any document executed in connection herewith will be construed as making the City and the Developer joint venturers or partners. It is understood that the contractual relationship between the City and the Developer is such that the Developer is an independent con. tractor and not an agent of the City. Furthermore, this Agreement is not intended or construed to create any third party 0m, AGENDA ITEM PAGE OF 0 1 beneficiary rights in any person who is not a party to this 2 Agreement. 3 17. ADDRESSES FOR NOTICES 4 Any notice or other communication to either party under this 5 Agreement must be in writing and must be given by delivering the 6 same to such party in person or by sending the same by certified 7 or registered mail, return receipt requested, or by overnight 8 mail delivery service, with all costs prepaid, to the following 9 addresses: 10 Citv it City of Lake Elsinore 130 South Main street 12 Lake Elsinore, CA 92330 Attn: city Manager 13 Developer 14 LD Johnson Companies 15 180 H, Riverview Drive Suite 290 16 Anaheim Hills, CA 92808 Attn: william H. Frey 17 and 18 LD Johnson Companies 19 1980 Post Oak Blvd. Suite 1610 20 Houston, TX 77056 Attn: William H. Frey 21 With a Copy To: Gresham, Varner, Savage, 22 Nolan & Tilden 600 H. Arrowhead Avenue 23 Suite 300 San Bernardino, CA 92401 24 Attn: Mark H. Ostoich, Esq. 25 18. COVENANTS RUNNING WITH THE LAND 26 All of the terms, provisions, covenants and obligations 27 contained in this Agreement will be binding upon the parties and 28 their respective successors and assigns, and all other persons or 30 AGENDA PAGE OF I entities acquiring all or any part of the Property, and will 2 inure to the benefit of such parties and their respective 3 successors and assigns. All the provisions of this Agreement 4 will be enforceable as equitable servitudes and constitute 5 covenants running with the land pursuant to applicable law 6 including, without limitation, California civil Code Section 7 1468. Each covenant to or refrain from doing some act on the 8 Property is expressly for the benefit of the Property and is a 9 burden upon the Property, runs with the Property and is binding 10 upon each party and each successive owner during its ownership of 11 the Property or any part thereof, and will benefit each party and 12 its property hereunder, and each other party succeeding to an 13 interest in the Property. Notwithstanding the foregoing, upon 14 the sale or lease,for more than 1 year, of a dwelling unit, 15 office or commercial or industrial space by the Developer to a 16 member of the public, but not upon the bulk sale thereof for 17 resale to the public, such residential unit, office, commercial 18 or industrial space will ba automatically released from the 19 terms, provisions, covenants and obligations of this Agreement, 20 without the necessity of the City or the Developer executing or 21 recording any specific instrument of release. 22 19. CONSISTENCY FINDING 23 By approving and executing this Agreement, the City finds 24 that its provisions are consistent with the City's General Plan 25 and with the Specific Plan, and the City further finds and 26 determines that execution of this Agreement is in the best 27 interests of the public health, safety and general welfare of the 28 City's present and future residents, property owners and 31 AGENDA ITEM NO. PAGE :L, OF I taxpayers. 2 20. TERMS AND CONSTRUCTION 3 20.1 Severability. If any term, provision, covenant or 4 condition of this Agreement is determined to be invalid, void or 5 unenforceable by judgment or court order, then the remainder of 6 this Agreement will remain in full force and effect, unless 7 enforcement of this Agreement, as so invalidated, would be 8 unreasonable or grossly inequitable under all the circumstances 9 or would frustrate the stated purposes of this Agreement. 10 20.2 Entire Agreement. This Agreement contains all the 11 representations and constitutes the entire agreement between the 12 City and the Developer, Any prior correspondence, memoranda, 13 agreements, warranties or representations are superseded in total 14 by this Agreement. 15 20.3 Signature Pages. For convenience, the signatures of 16 the parties may be placed and acknowledged on separate pages and, 17 when attached to this Agreement, will constitute this document as 18 one complete Agreement. 19 20.4 Time. Time is of the essence of this Agreement and of 20 each and every term and condition hereof. 21 21. CONSENT OF OTHER PARTIES 22 The Developer may, at its discretion, elect to have other 23 holders of legal, equitable or beneficial interests in the 24 project, the Property or parts thereof, acknowledge and consent 25 to the execution and recordation of this Agreement by executing 26 an appropriate instrument therefor. It is understood by the 27 parties that the execution of such document by other holders of 28 legal, equitable or beneficial interests in the Project is not a 32 AGENDA ITEM NO o� . PAGE OF `� 1 condition precedent to this Agreement. 2 22. ASSIGNMENT AND NOTICE 3 The Developer will have the right, from time to time, to 4 assign or transfer all or any part of its interest, rights or 5 obligations under this Agreement to third parties acquiring an 6 interest or estate in the Project, the Property or parts thereof 7 including, without limitation, purchasers pr long-term.ground 8 lessees of individual lots, parcels or any building located 9 within the Project; provided, however that the assignee or 10 transferee agrees to assume the Developer's obligations under 11 this Agreement. Although the approval of the City will not be 12 required for any such assignment or transfer, the Developer will 13 give prior written notice to the City of its intention to assign 14 or transfer any of its interest, rights or obligations under this 15 Agreement and any failure by the Developer to give such notice 16 will be curable in accordance with the provisions of Section 13. 17 The express assumption of any of the Developer's obligations 18 under this Agreement by its assignee or transferee will thereby 19 relieve the Developer of any further obligations under this 20 Agreement. Notwithstanding the foregoing, the Developer will 21 have no obligation whatsoever to provide any notice to the City 22 when it intends to assign an interest in this Agreement and/or 23 the Property and the Project in connection with any transaction 24 which is entered into for the purpose of providing equity and/or 25 financing with respect to the Property and/or the Project. 26 23. ENCUMBRANCES AND RELEASES ON REAL PROPERTY 27 23.1 Discretion to Encumber. The parties agree that this 28 Agreement will not prevent or limit the Developer in any manner, ON AGENDA ITEM P.O. PAGE � OP J 1 at the Developer's sole discretion, from encumbering the 2 Property, or any part of the same including, without limitation, 3 improvement thereon, by any mortgage, deed of trust or other 4 security device securing financing with respect to the Property 5 or the Project. The City acknowledges that the lenders providing 6 such financing may require certain modifications and the City 7 agrees, upon request from time to time, to meet with the 8 Developer ana/or the representatives of such lenders to negotiate 9 in good faith regarding any such request for modification. The 10 City further agrees that it will not unreasonably withhold its 11 consent to any such requested modification so long as the 12 modifications do not materially alter this Agreement to the 13 detriment of the City. 14 23.2 Entitlement to Written Notice of Default. Any lender 15 of the Developer which has requested notice in writing received 16 by the City, will be entitled to receive written notification 17 from the City of any uncured default by the Developer in the 18 performance of the obligations of the Developer under this 19 Agreement. 20 23.3 Property Subject to Pro Rata Claims. Any mortgagee or 21 beneficiary which comes into possession of the Property or any 22 part thereof, pursuant to foreclosure of the mortgage or deed of 23 trust, or deed in lieu of such foreclosure, will take the 24 Property or part thereof, subject to any pro rata claims for 25 payments or charges by the City against the Property or part 26 thereof secured by such mortgage or deed of trust, which accrued 27 prior to the time that such mortgagee or beneficiary comes into 28 possession of the Property or part thereof. 34 L AGENDA 1-1 OF PAG y _ 1 23.4 Releases. The City hereby covenants and agrees that, 2 upon completion of the public improvements which are included 3 within the Project and payment of all fees required under this 4 Agreement with respect to the Property, the City will execute and 5 deliver to the Riverside County Recorder, an appropriate release 6 of the Developer, the Property and the Project from further 7 obligations under this Agreement, in form and substance 8 acceptable to the Riverside County Recorder, or as may otherwise 9 be necessary to effect such release. 10 24. CONSTRUCTION. NUMBER AND GENDER 11 This Agreement will be construed as a whole according to its 12 common meaning and not strictly for or against either party in 13 order to achieve the objectives and purposes of the parties 14 hereunder. Whenever required by the context of this Agreement, 15 the singular will include the plural and vice versa, and the 16 masculine gender will include the feminine and neuter genders. 17 In addition "will" is the mandatory and "may" is the permissive. 18 25. INSTITUTION OF LEGAL ACTION 19 In addition to any other rights or remedies, either party 20 may institute legal action to cure, correct or remedy any uncured 21 default, to enforce any covenants or agreements herein, to enjoin 22 any threatened or attempted violation thereof or to obtain any 23 remedies consistent with the purpose of this Agreement. In the 24 event of any such legal action involving or arising out of this 25 Agreement, the prevailing party will be entitled to recover from 26 the losing party, reasonable litigation expenses, attorneys, fees 27 and costs incurred. The parties acknowledge that if a breach of 28 this Agreement by the City occurs, irreparable harm is likely to 35 AGENDA ITEM NO. PAGE�Gr 1 occur to the Developer and damages may be an inadequate remedy. 2 Therefore, to the extent permitted by law, the parties agree that 3 specific enforcement of this Agreement by the Developer is an 4 appropriate and available remedy, in addition to any and all 5 other remedies which may be available to the Developer under law 6 or at equity. 7 26. INSURANCE 8 The Developer agrees to and will hold the City, its 9 officers, agents, employees and representatives harmless from 10 liability for damage or claims for damage for personal injury, 11 including death and claims for property damage which may arise 12 out of the direct or indirect operations of the Developer with 13 respect to the Project, to the extent of the insurance described 14 below, To the same extent, the Developer agrees to and will 15 defend the City and its officers, agents, employees and 16 representatives from actions for damages caused by or alleged to 17 have been caused by reason of the Developer's activities with 18 respect to the Project. 19 This "hold harmless" agreement applies to all damages and 20 claims for damages suffered or alleged to have been suffered by 21 reason of the operations referred to in this Section, 22 Before beginning work on the Project, the Developer will 23 obtain the insurance required under this Section and receive the 24 approval of the City Attorney as to form, content, amount and 25 carrier and the Developer will maintain such insurance throughout 26 the term of this Agreement. The insurance will extend to the 27 City, its elective and appointive boards, commissions, officers, 28 agents, employees and representatives and to the Developer. In 36 AGENDA ITEM NO. PAGE OF Iii IY`- I addition, the Developer will furnish to the City, before 2� beginning work on the Project, a certificate of insurance 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19, 20 21 221 23 24 25 26 27 28 1 constituting satisfactory evidence of the insurance required and providing that each carrier is required to give the city at least 10 days prior written notice by certified mail to the city Hall, of the cancellation or reduction in coverage of any insurance. 26.1 Compensation Insurance. The Developer will maintain Workers Compensation Insurance for all persons employed by the Developer at the site of the Project. The Developer will require each contractor and subcontractor to provide Workers Compensation Insurance for their respective employees. The Developer agrees to indemnify the City for damages resulting from the failure of the Developer to take out and maintain such insurance. 26.2 Public Liability and Property Damage Insurance. The Developer will maintain public liability insurance in an amount not less than $1,000,000.00 for injuries (including death) to any one person and in an amount not less than $1,000,000.00 on account of any one occurrence; and property damage insurance in an amount not less than $100,000.00 for damage to the property of each covered person on account of any one occurrence. ATTEST: City Clerk CITY CITY OF LAKE ELSINORE, a municipal corporation and political subdivision of the State of California By:_ Mayor DEVELOPER 37 AGENDA l E F.i PACE 0F. 1 RIALTO DEVELOPMENT CORPORATION, 2 a Texas corporation, doing business as LD JOHNSON COMPANIES 3 By: 4 Its 5 6 STATE OF CALIFORNIA ) ss. 7 COUNTY OF ) 8 On , 1990, before me, the undersigned, a Notary Public in and for said State and County, 9 personally appeared personally known to me or proved to me on the basis of 10 satisfactory evidence to be the person who executed the within instrument as the Mayor of the City of Lake Elsinore, California, 11 and acknowledged to me that said City of Lake Elsinore, California, executed it. 12 WITNESS my hand and official seal. 13 14 Notary Public in and for said State and County 15 SEAL: 16 17 STATE OF CALIFORNIA ) ss. 18 COUNTY OF ) 19 On , 1990, before me, the undersigned, a Notary Public in and for said State and County, 20 personally appeared personally known to me or proved to me on the basis of 21 satisfactory evidence to be the person who executed the within instrument as the of the Corporation that executed the 22 within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a 23 resolution of its Board of Directors. 24 WITNESS my hand and official seal. 25 Notary Public in and for said 26 State and County 27 SEAL: 28 1 AGENDA ITEM, NO PACE OF U 9 F E i E c I 13 12 13 14 1° 1E 17 18 19 2C 21 22 23 24 25 26 27 28 PROPERTY EXHIBIT "A" AGENt7A MEW, PAGE OF- 1 E 3. 4. 5. 6. 7. 8. 9. AGENDA REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 12, 1990 POLICY OF THE REDEVELOPMENT AGENCY: "Only those items filed with the Secretary u1 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 specific item. A. Minutes 1. May 22, 1990 - Regular Redevelopment Agency Meeting. B. Investment Report - May, 1990. C. Warrant List - May, 1990. D. Specific Plan 90-1, Zone Change 90-5, EIR 90-1 and Commercial Project 90-6 - McArthur/Glen Group. E. Annexation No. 53 and Zone Change 90-4 - South Lake Estates Joint Venture. F. Conditional Use Permit 90-4 - Lake Elsinore Christian Fellowship (Morris & Morris). PUBLIC HEARINGS BUSINESS ITEMS REPORT REPORTS AND RECOMMENDATIONS CLOSED SESSION RECOMMENDATION Approve. Rec. & File. Ratify. Concur with Council Action. Concur with Council Action. Concur with Council Action. MINUTES REGULAR REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 22, 1990 1. CALL TO ORDER The Regular meeting of the Redevelopment Agency was called to order by Chairman Buck at 9:59 p.m. 2. ROLL CALL PRESENT: BOARDMEMBERS: ABSENT: BOARDMEMBERS; DOMINGUEZ, STARKEY, WASHBURN, WINKLER, BUCK NONE Also present were: Executive Director Molendyk, Assistant City Manager Rogers, Legal Counsel Harper, Administrative Services Director Wood, Community Development Director Gunderman, Community Services Director Watenpaugh, Public Services Director Kirchner and Clerk of the Board Kasad. CONSENT CALENDAR MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. A. The following Minutes were approved: 1. May 8, 1990 - Regular Redevelopment Agency Meeting. B. Received and ordered filed the Investment Report for April, 1990. C. Adopted Resolution Nos. RDA 90-3 and RDA 90-4 relating to the issuance of Tax Allocation Bonds. D. Concurred with Council Action to continue the Brighton/ Alberhill Ranch Development Agreement to June 12, 1990. E. Concurred with Council Action to approve the Ramsgate Specific Plan Development Agreement. (Note: Concurrent action on this item reflects a vote of 4 to 0 with Winkler abstaining.) F. Concurred with Council Action to Adopt Ordinance No. 894 An Interim Urgency Ordinance adopting a Moratorium in the East Floodplain Area and City Lake Perimeter. G. Concurred with Council Action to approve Annexation #47 for Meeker Development & Whiting Ranches. H. Concurred with Council Action to approve Industrial Project 90-3 for CHS Partnership. (Note: Concurrent action on this item reflects a vote of 4 to 0 with Washburn abstaining.) 4. PUBLIC HEARINGS None. 5. BUSINESS ITEMS None. AGENDA ITEM NO. %k PAGE OF 41 PAGE TWO - REDEVELOPMENT AGENCY MINUTES - MAY 22, 1990 6. EXECUTIVE DIRECTORS REPORT Executive Director Molendyk commented on the following: 1) Agency/Economic Development Council Program on May loth. There were approximately 200 people in attendance. 2) Complimented Redevelopment Agency Boardmember and Administrative Services Director Wood for their efforts on the Mello Roos Bond issuance of $55 million. 3) Economic Tour to be conducted through the City on June 6, 1990. 7. REPORTS AND RECOMMENDATIONS Boardmember Washburn further detailed the Economic Tour to be held on June 6, 1990. 8. CLOSED SESSION None 9. ADJOURNMENT MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:01 P.M. ATTEST: VICKI KASAD CLERK OF THE BOARD REDEVELOPMENT AGENCY WILLIAM S. BUCK, CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE AGENDA ITEM N0. �-==- PAGE OF REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS MAY 31, 1990 LOCAL AGENCY INVEST FUND 8.531% 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 $3,854,000 05-01-08 269,790 04-10-07 19,701 04-28-07 41.365 330,856 AGENCY INVESTMENT TOTAL 4,184,856 AVERAGE ANNUAL RATE...... 8.070% ESTIMATED EXPENDITURES - JUNE, 1990 $500,000 **Will meet anticipated expenditures AGENDA ITEM NO. PAGE LAKE ELSINORE-RDA DEMAND/WARRANT REGISTER NO. 90-1 1 1 PAGE NO. DATE 05/31/90 OUCHER PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN N0 DESCRIPTION ACCOUNT CHG'D INV. NO. AMOUNT NO. AMOUNT ALLEW & ASSOCIATES, INC. 1387 220978.67 ICHAEL BRANDMAN ASSOCIATES 1388 10024.00 ICHAEL BRANDMAN ASSOCIATES 377 28575.56 ILLIAM S. BUCK 1389 60.00 INDA DAVIS 371 40.49 RED DOMINGUEZ 1390 60.00 .V.M.W.D. 1391 11380.00 LSINORE UNIFIED SCHOOL 1392 18617.00 LSINORE VALLEY COMMUNITY DE 1393 4000.00 LSINORE WATER DISTRICT 1394 9648.00 NGINEERING h GEOLOGICAL SER 384 3700.00 EXPRESS BLUEPRINTING 378 96.08 INAL TOUCH MARKETING 1395 1189.26 ITY OF LAKE ELSINORE 1396 81.89 ITY OF LAKE ELSINORE 375 81.89 ITY OF LAKE ELSINORE 383 826484.89 ITY OF LAKE ELSINORE 349 38.61 AKE ELSINORE RECREATION 1397 2823.00 ETER J. LEHR 1398 3000.00 B. R. 1399 46767.00 HE PLANNING ASSOCIATES 1400 52227.63 RESTIGE FLORIST & HOME DECO 380 22.26 AGENDA ITEM NO. 3 PAGE y_ OFL_ LAKE ELSINORE-RDA DEMAND/WARRANT REGISTER NO. 90-1 1 1 PAGE NO. DATE 05/31/1, ]U CHEF NO, PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNTCHG'D INV, NO. AMOUNT NO. AMOUNT HE PRICE CLUB 350 167.62 .J.M. DESIGN GROUP, INC. 1401 4585.50 R.J.M. DESIGN GROUP, INC. 379 3900.00 IVERSIDE COUNTY OFFICE OF 1402 12769.00 SAN JACINTO JUNIOR COLLEGE 1403 2233.00 ECURITY PACIFIC NAT'L BANK 381 17.97 ECURITY PACIFIC NAT'L BANK 382 471.97 HE SIZZLER RESTAURANT 370 2400.00 ILL STARKEY 1404 60.00 GARY WASHBURN 1405 30.00 ALBERT A. WEBB ASSOCIATES 1406 19228.43 EDIN ENTERPRISES 1407 1125.00 ESTERN EXPOSITION SERVICES 1408 599.00 IM WINKLER 1409 60.00 JOHN P. NEET 374 1400.00 HARCHOL/HARTMAN & ASSOC. 1410 41.60 HARCHOL/HARTMAN & ASSOC. 376 566.82 AIN STREET BAKERY 373 315.00 HRISTENSEN & WALLACE 1411 3507.83 ALLEY PARTY EQUIPMENT RENTA 1412 285.60 L UNICO RESTAURANT 1413 10.75 L UNICO RESTAURANT 372 110.00 AGENDA ITEM NO. PAGE a OFL4 LAKE ELSINORE-RDA DEMAND/WARRANT REGISTER NO. 90-111 PAGE NO. DATE 05/31/S OUCH N0. PAYEE DETAIL OF DEMANDS PRESENTED WARRANTCHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV, NO. AMOUNT NO. AMOUNT OAYEDI & ASSOCIATES i 1414 1755.00 AGENDA ITEM NO. _ L L PAGE OF LAKE ELSINORE-RDA DEMAND/WARRANT REGISTER NO. 90-111 PAGE NO. DATE 05/31/5 ]OCHER N0. PAYEE DETAIL OF DEMANDS PRESENTED WARRANT CHECK WRITTEN DESCRIPTION ACCOUNT CHG'D INV. NO, AMOUNT NO, AMOUNT RITTEN 180177.16 REPAID 868389.16 ACCRUED .00 OTAL 1048566.32 RECAP BY FUND RE -PAID JRITTEN OPERATING FUND - AREA Z 910 358762.12 65497.88 OPERATING FUND - AREA II 920 350998.40 26699.64 OPERATING FUND - AREA 111 i i i 930 158628.64 87979.64 AGENDA ITEM O. --L-= PAGE OF--� REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: June 12, 1990 SUBJECT: Specific Plan 90-1, Zone Change 90-5. Environmental Impact Report 90-1 and Commercial Project 90-6: McArthur/Glen Group; a request to approve the Lake Elsinore Outlet Center Specific Plan, a Zone Change from Commercial Manufacturing to Specific Plan, and Design Review of a 284,000 square foot commercial shopping center located immediately southwest of Interstate 15, approximately 500 feet east of the Nichols Road interchange. PREPARED BY: • APPROVED BY Ronothers Dave nderman Planning Consult a Comm. ev. Dir. U APPROVED BY: 4"= on Molendyk City Manager BACKGROUND At its May 16, 1990 meeting, the Planning Commission considered the subject applications and recommended the City Council approve Specific Plan 90-1, Zone Change 90-5, Commercial Project 90-6 and EIR 90-1. These actions facilitate the development of 43.36 acre commercial shopping center project. DISCUSSION The first two phases of this project will create a 284,000 square foot Designer (Factory) Outlet Center. The third phase will complete the commercial center and bring the total floor area to 357,000 square feet. The Planning Commission review and approval concurred with a number of recommended conditions. In addition the Commission added conditions dealing with: 1. Bonding for landscaping improvements, control of earth/soil stocking piling, and landscaping of the undeveloped sites of subsequent phases of construction. 2. The construction of a decorative block masonry wall on the easterly boundary, which separates the subject site from an existing single-family home. 3. Requiring the freeway oriented sign to be subject to additional Design Review with respect to its enhancement, height, and relationship to the building architecture. f� AGENDA ITEM NO. �, ►J ___'k PAGE OF Page 2 June 12, 1990 Subject: Specific Plan 90-1; Environmental Impact Report 90-1; Zone Change 90-5; Commercial Project 90-6 RECOMMENDATION it is recommended that City Council certify the Environmental Impact Report 90-1 and adopt Resolution 90-_�± , approval of Specific Plan 90-1 and Zone Change 90-5 and adopt Ordinance No. ?>� and Commercial Project 90-6 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 = Specific Plan 90-1 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site. These impacts are described in the Lake Elsinore Outlet Center Environmental Impact Report. 2. This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area -wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General plan. Impacts of the Lake Elsinore Outlet Center Specific Plan are found to be acceptable due to benefits derived from the project, specifically the provision of shopping opportunities to the city, the anticipated increase in local government revenues and infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy. The Lake Elsinore Outlet Center Specific Plan meets the Specific Plan criteria for content and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. Unless otherwise specified in the Final Specific Plan, the regulations provided in the City Zoning Code shall apply. Approval of the Specific Plan shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore City Code, except in those areas where the Specific Plan expressly regulates a use. 4. The Lake Elsinore Outlet Center Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons visiting or working within the neighborhood of the project area, nor will it be injurious to the property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Condition of Approval. Findings = Zone Change 90-5 1. The proposed amendment will not health, safety, comfort, or general residing or working within the proposed amendment or within the property or improvements in the the City. be detrimental to the welfare of the person neighborhood of the City, injurious to neighborhood or within AGENDA ITEM NO. 3' 0 ' PAGES _OF Page 3 June 12, 1990 Subject: Specific Plan 90-1; Environmental Impact Report 90-1; Zone Change 90-5; Commercial Project 90-6 2. The proposed amendment is consistent with the General Plan. 3. The proposed amendment is consistent with Section 17.99 as it implements the Lake Elsinore Outlet Center Specific Plan. Findings - Commercial Project 90-6 1. The project implements the plans and design guidelines of the Lake Elsinore Outlet Center Specific Plan 90-1. 2. The project, as approved, complies with the goals and objectives of the General Plan and the Zoning District in which the project is located. 3. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 4. Conditions and safeguards pursuant to Section 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 the objectives of this Chapter and the planning district in which the site is located. AGENDA ITEM NO. _ 1=--' PAGE....' OF REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: June 12, 1990 SUBJECT: Annexation No. 53 and Zone Change 90-4: South Lake Estates Joint Venture; a request to pre -zone to R-1, to annex into the City of Lake Elsinore and de -annex from the Ortega Trails Park's and Recreation Distr on a 29.5 acre parcel located on the east side of Stoneman and the south side of the current City limits. PREPARED BY ��:c APPROVED BY Saied Naas e Dave nderman Associate PlanqRonAolendyk . J Com Dev. Dir. APPROVED BY: City Manager BACKGROUND At its meeting on May 16, 1990, the Planning Commission considered the subject application and recommended the City Council approve Zone Change 90-4, Annexation No. 53, and De -annexation from the Ortega Trails Park and Recreation. DISCUSSION This approval will ultimately result in a 116 unit single- family subdivision which will be subject to further approval of Tentative Tract Map 26143 and Residential Minor Design Review. It is recommended that City Council adopt Negative Declaration 90-12, approve Annexation No. 53 and adopt Resolution No. 90-gc; , approve Zone Change 90-4 and adopt Ordinance No. gam_ and approve De -annexation from the Ortega Trails Park's and Recreation District and adopt Resolution No. 90 -_!IL based on the following findings. It is recommended that the Redevelopment Agency concur with City Council action. Findings - Zone Change 90-4 1. The project will not have a significant impact on the environment. 2. The project is consistent with the General Plan Land Use designation. 3. The project is consistent with the pattern of recent approvals in the area. Findings - Annexation No. 53 1. The project will not have a significant impact on the environment. AGENDA ITEM NO. --2 oer_F I OF Page 2 June 12, 1990 RE: Annexation No. 53; Zone Change 90-4; De -annexation from the Ortega Trails Parks and Recreation 2. The project is within the City's Sphere of Influence and abuts the City limits. Therefore, the request is a logical extension of the City limits. 3. The project will provide the necessary public services to allow development. Findings - De -annexation 1. The City is the owner and operater of all parks within the City. 2. The City has initiated a detachment, of all areas within the City and future annexations to the City, from the District. 3. The City has determined the transfer of tax revenues would eliminate duplication and be in the best interest of City residents. AGENDA ITEM NO. 3'L— PAGE OFE REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY DATE: June 12, 1990 SUBJECT: Conditional Use Permit 90-4: Lake Elsinore Christian Fellowship (Morris and Morris); an appeal of Planning Commission denial of a request for a Conditional Use Permit to allow a church in an existing light industrial zoned building. PREPARED BY h2 /// i17 i APPROVED BY: / - Dan Fairbanks Dave G derman Assistant Planner�l Comm. Dev. Dir. APPROVED BY: /,//� Ron Wlenilvk� City Manager At its meeting of June 6, 1990, the Planning Commission denied this request for a conditional use permit to allow a church in a light industrial zoned district by a 4-0 vote with Commissioner Brinley absent (staff report attached). Planning Commission discussed the intent of the limited manufacturing district and indicated that they did not find a church compatible with the limited industrial zoning designation. DISCUSSION The intent of the "M-1" district is to reserve appropriate locations consistent with the General Plan for certain categories of light industrial uses that are free of nuisance or hazardous characteristics and to protect these areas from intrusion by residential, commercial, and other inharmonious uses. PLANNING COMMISSION CONCERNS After review of the application and the public hearing, the Planning Commission cited the following concerns: Necessity to protect and segregate industrial uses which possess objectional characteristics including dust, odor, noise, and hours of operations from less intensive uses including office, retail, residential, and public meeting facilities. Avoid a precedent of allowing non -industrial land uses in industrial zoned districts. This type of land use could prevent future industries from locating in areas where non -industrial uses are located. The characteristics of industrial land uses are incompatible with residential and commercial uses. These less intense uses must be protected from the objectional qualities of an industrial use. AGENDA ITEM NO.--J�-- PAGE OF c Page 2 June 12, 1990 Subject: CUP 90-4 RECOMMENDATION It is recommended that City Council concur with the Planning Commission and that City Council deny this appeal for Conditional Use Permit 90-4 to allow a church in the M-1 Light Industrial zoned area. It is recommended that the Redevelopment Agency concur with City Council action. FINDINGS 1. That the proposed use, on its own merits and within the context of is setting, is not in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. That the proposed use may be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. 3. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this Title. 4. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. 5. That in the event Commission approves the subject use at the specific location, there adverse effects on abutting property or the permitted and normal use thereof. 6. That in the event of approval, adequate conditions and safeguards pursuant to Section 17.74.50 have been compiled by staff for the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. AGENDA ITEM NO. 3, PAGE_2—_OF- a _ 1. 2. 3. 4 5. AGENDA REGULAR MEETING LAKE ELSINORE PUBLIC FINANCING AUTHORITY CITY OF LAKE ELSINORE 545 CHANEY STREET LAY; ELSINORE, CALIFORNIA TUESDAY, JUNE 12, 1990 CALL TO ORDER ROLL CALL CONSENT CALENDAR A. Minutes - May 8, 1990, Regular Public Financing Authority Meeting. B. Resolution No. PFA 90-3 - Relating to Local Agency Investment Fund. NEW BUSINESS ADJOURNMENT RECOMMENDATION Approve Minutes. Adopt Res. No. PFA 90-3. MINUTES REGULAR MEETING LAKE ELSINORE PUBLIC FINANCING AUTHORITY CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 8, 1990 1. CALL TO ORDER The Regular Lake Elsinore Public Financing Authority Meeting was called to order by Chairman Starkey at 8:07 p.m. 2. ROLL CALL PRESENT: BOARDMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER ABSENT: BOARDMEMBERS: WASHBURN Also present were: Executive Director Molendyk, 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 WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. A. The following Minutes were approved: April 24, 1990, Special Public Financing Authority Meeting. B. Adopted Resolution No. PFA 90-2 - Relating to the Marks - Roos Bond Issuance & Commitment Agreement. 4. NEW BUSINESS None. 5. ADJOURNMENT MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR LAKE ELSINORE PUBLIC FINANCING AUTHORITY MEETING AT 8:08 P.M. ATTEST: VICKI KASAD CLERK OF THE BOARD PUBLIC FINANCING AUTHORITY BILL STARKEY, CHAIRMAN PUBLIC FINANCING AUTHORITY CITY OF LAKE ELSINORE AGENDA ITEM NO. 3 N. PAGE ' OF REPORT TO PUBLIC FINANCING AUTHORITY DATE: JUNE 12, 1990 SUBJECT: LOCAL AGENCY INVESTMENT FUND PREPARED BY: C. Ray Wood, Admini ative Services Director BACKGROUND: The Local Agency Investment Fund is makes available to local government enhance their investment earnings through pooled investments. The law officials, with consent of the withdraw funds. FISCAL IMPACT: There is no direct cost to the according to the market place. RECOMMENDATION: APPROVED BY: Ron Molendyk, City Manager a special fund in the State Treasury which agencies statewide the opportunity to and at the same time have 24 hour liquidity permits one or more local government governing body of that agency, to invest or Authority. Interest earnings will vary It is recommended that the Board adopt Resolution No.PVA�C� authorizing the deposit of Public Finance Authority monies in the Local Agency Investment Fund, and authorizing the Executive Director, Administrative Services Director, Finance Manager, Accountant II and Accountant I to make deposits and withdrawals. /klj AGENDA ITEM NO. �,7 RESOLUTION NO. 90- 3 A RESOLUTION OF LAKE ELSINORE PUBLIC FINANCING AUTHORITY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1: The name and address of the applying agency is: Lake Elsinore Public Financing Authority, a Non -Profit Corporation, 130 South Main Street, Lake Elsinore, California 92330. SECTION 2: Lake Elsinore Public Financing Authority does hereby authorize the deposit and withdrawal of monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment stated therein. SECTION 3: The following Lake Elsinore Public Financing Authority officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Executive Director Administrative Services Director Finance Manager Accountant II Accountant I SECTION 4: The Secretary of the Lake Elsinore Public Financing Authority shall certify to the adoption of this resolution and file the same with the State Treasurer. PASSED, APPROVED AND ADOPTED this day of 1990, by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: BILL STARKEY, CHAIRMAN LAKE ELSINORE PUBLIC FINANCING AUTHORITY RON MOLENDYK, SECRETARY LAKE ELSINORE PUBLIC FINANCING AUTHORITY APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPER, COUNSEL AGENDA ITEM NO. �= PAGE OF�