HomeMy WebLinkAboutCity Council Agenda Packet 11-27-1990 La k e- E I s i n o r e
i t y C o u n c
Agenda
.
545 CHANEY STREET LAKE ELSINORE SCHOOL DISTRICT BOARD ROOM
TUESDAY, NOVEMBER 27, 1990 - 7:00 P.M.
POLICY OF THE CITY COUNCIL.- "Only those items filed with the City Clerk's Office by
oan, lutfsudy, prior o y
e following Tuesday meeting,
investigation will be considered by the City Council atg said ot emeeting"�eparental
CALL TO ORDER
PLEDGE 9F ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS
Note: Any person wishing to address City Council
on any matter not on the Agenda, must complete a
request form available at the speakers podium and
submit it to the City Clerk prior to commencement
Of the meeting. (Comments limited to 3 minutes) .
PRESENTATIONS CEREMONIALS
A. Proclamation - Soccer Month.
CONSENT CAL�p,R
1• Minutes
a. City Council Meeting - November 13, 1990.
2. Building Activity Report - October, 1990 Approve.
Rec. & File.
3 . Investment Report - October, 1990.
Rec. & File.
4. Warrant List - November 15, 1990.
Ratify.
5. Claim submitted by Main Street Video.'
Rej . & Ref.
6. Claim submitted by Elsinore Cycle Gear.
Rej . & Ref.
7. Claim submitted by Auto Parts Depot, Inc.
Rej . & Ref.
8. Claim submitted by Southern California Edison
Company. Rej . & Ref.
9. Marks-Roos Bonds, Series B. Resolution No. 90-116.
Adopt Res.
No. 90-116.
10. Resolution of Intention to Vacate a Portion of Silver Adopt Res.
Street adjacent to Southerly Right-of-Way of Pottery No. 90-117.
Street. Abandonment 90-3 . Resolution No. 90-117.
11. Northwest Sewer Project Assessment District 86-1 -
Change Order No. 2. Approve
Change Order.
PAGE TWO - CITY COUNCIL AGENDA - NOVEMBER 27, 1990
12 . Set public hearing date of December 11, 1990 for
the following:
Approve
a. Tentative Parcel Mom! 25106 (Revisedl Hearing
Tomislav Gabric and Associates. Date.
A requst to divide a 7.7 acre site into two
parcels. Parcel 1 of 2.71 acres and Parcel
2 of 3 .37 acres to accommodate a retail/
commercial development consisting of five
(5) buildings and associated parking. The
revision of this proposed development
increases the gross acreage of the site from
6.6 acres to 7.7 acres. The increase of one
(1) acre would incorporate additional area
for an increase in the number of parking
spaces available for the proposed development.
b. Zone Chan a 90-8 Revised = Thomas Brothers Approve
Hearing
Deve1pp ent. Date.
A request to re-zone a 0. 69 acre parcel from
R-1 (Single Family Residential) to C-2 (Genera
Commercial) . The project is located approxi-
mately 250 feet southeast of the intersection
of Summerhill and Railroad Canyon Roads.
c. Tentative Tract Mal 25830 _ Homestead Land Approve
Hearing
Development. Date.
A request to subdivide 36.79 acres of land.
The project lays south of Scenic Crest Drive,
west of Greenwald ikvenue, for the construction
14o single-family :Lots with one (1) lot as a
sewer lift station.
PUBLIC HEARING
31. General Plan Revision and Related Environmental Approve
Revision.
Impact Report. Resolution Nos. 90-114 & 90-115. Adopt Resos.
Collier Avenue Improvement Project Environmental Approve
32. Staff
Impact Report. Resolution No. 90-118. Rtaff
33 . Tentative Parcel Map 25586 - Ayres Properties Re-AfDer°
The Keith Com anies B3utterfie�. 8eg. c.
Approve
A request to subdivide 1.25 acres into four (4)
TPM 25586,•
residential lots. The project is located at the Subject to
northern termini of Avenue 9 and 10. Findings &
Conditions.
_BUSINESS ITEMS
51. Community Facilities 'District 88-3 (West Lake Adopt Resos.
Elsinore) . Resolution Nos. 90-119 and 90-120 & Ordinance.
and Ordinance No. 907.
52. Extension of Time - Tentative Parcel Map 23381 Request.
- K-Mart.
53. Alberhill Pump Station Modification. Approve
Staff
Recomm.
CITY MANAGER COMMENTE;
PAGE THREE - CITY COUNCIL AGENDA - NOVEMBER 27, 1990
CITY COUNCIL COTS
CLOSED SESSION
ADJOURNMENT
In Memory of Dave Vik.
AG E N D A
REDEVELOPMENT AGENCY
CITY OF LAKE ELSINORE
545 CHANEY STREET .
LAKE ELSINORE, CALIFORNIA
TUESDAY, NOVEMBER 27, 1990
pna
E REDEVELOPMENT AGENCY: "Only those items filed with
y of the Redevelopment Agency by Nuun on Tuesday,
following Tuesday meeting, will be considered by the
id meeting."
I- ER
2. CALL
3. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved on one
motion unless a Boardmember requests separate action on a
specific item.
A. Minutes RECOMMENDATION
I. November 13, 1990 - Regular Redevelopment A
Agency Meeting. Approve.
B. Investment Report - October, 1990.
Rea. & File.
C. Warrant List - November 25, 1990.
Ratify.
D. Marks-Roos Bonds, Series B. Resolution No.
90-8. Adopt Res.
No. 90-8.
E. General Plan Revisions.
Concur with
Council
Action.
F. Collier Avenue Improvement Project
Environmental Impact Report. Concur with
Council
Action.
G. Tentative Parcel 25586 - Ayres Properties
(The Keith Companies/Butterfield) . Concur with
Council
Action.
H. Alberhill Pump Station Modification.
Concur with
Council
4• PUBLIC HEARINGS Action.
A. Community Facilities District 90-2 - Tuscany Adopt Resos.
Hills. Resolution Nos. RDA 9o-9 thru 90-13
and Ordinance No. RDA 1. _ & Ordinance.
5. BUSINESS ITEMS
6. EXECUTIVE DIRECTORS REPORT
Retail Center/Regional Mall Update.
7. REPORTS AND RECOMMENDAT ONS
8• CLOSED SESSION
9. ADJOURNMENT
r
•
WHEREAS, soccer is the most widely played youth sport
across the United States; and
WHEREAS, interscholastic competition promotes good
sportsmanship, maturity, and community good-will; and
WHEREAS, the members of the Elsinore Union High
School soccer team give freely of their time and effort to
represent their school and their community; and
WHEREAS, over 1, 000 community boys and girls from 4
to 16 years of age participate in organized youth soccer and
it is the largest organized activity in the Lake Elsinore
Valley in terms of both participants and adult volunteers; and
WHEREAS, Lake Elsinore is hosting the District Five
Commissioner's Cup Tournament the first two weekends in
December with approximately 135 teams from Riverside and San
Bernardino counties participating with the games to be played
at Terra Cotta Jr. High, Lake Point Park and Elsinore Junior
High School.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE on this 27th day of November, 1990 does hereby
Proclaim the month of December as "SOCCER MONTH" in the City
of Lake Elsinore and further proclaims December 11, 1990, as
"FREEWAY CUP DAY" honoring the First Annual Freeway Cup Game
between Elsinore High School and Temecula Valley High School.
GAR Y M. WASHBURN, MAYOR
CITY OF LAKE ELSINORE
AUENDA ITEM NO.�__
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NOVEMBER 13, 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 City Clerk Kasad.
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
Mr. Elbert L. Smith, 5241 Marview, La Palma, advised that he would
prefer to address his concerns during the consideration of Item
#31.
Mr. Terry Phelps, 240 E. Graham Avenue, #5, invited the Community
to meet Benji at the L.E.A.F. fund-raising event on Saturday,
November 16 from 1 to 5 p.m. at Great American Bank.
PRESENTATIONS CEREMONIALS
Mayor Washburn advised that he attended an Eagle Scout
presentation ceremony and commented on the accomplishments of the
scouts.
A. Proclamation - Thomas D. Zambrana II , Eagle Scout.
Mayor Washburn read the Proclamation and presented it to
Thomas Zambrana and congratulated him on his efforts.
B. Proclamation = James Edward Veylupek, BaQle Scaut.
Mayor Washburn read the Proclamation and presented it to
James Veylupek and congratulated him on his efforts.
C. Proclamation - National Magic Week.
Mayor Washburn read the Proclamation and presented it to Stew
McKinley on behalf of the Amateur Magicians organization. Mr.
McKinley performed a magic trick for the audience.
D. Presentation = Red Ribbon Week Banners.
Debbie Lovetere, representing the School District, advised
that approximately one month ago the City Council presented
them with a proclamation for Red Ribbon Week and detailed the
, ,7E7- +
PAGE:IOF
PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 13, 1990
ensuing events. She ;Further advised that they were in return
presenting banners from the various schools proclaiming the
students efforts to remain drug free.
E. Innovative City Award.
_ Mayor Washburn advised that the City had been chosen to
receive the Innovative City of the Year Award for Riverside
County and Councilmenbers Starkey and Winkler showed the
trophy and plaque received by the City.
Mayor Washburn further advised that this type of program is
successful because of the dedication of the employees doing
the work. He introduced Leland Grund and John Sinclair, the
two employees who make this program a success and presented
them with City Tile Plaques.
CONSENT CALENDAR
The following item was pulled from the Consent Calendar for
further discussion and consideration:
Item No. 5.
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. City Council Meeting - October 23, 1990.
b. Adjourned City Council Meeting - October 24, 1990.
c. Special City Council Meeting - October 25, 1990.
d. Adjourned City Council Meeting - October 26, 1990.
The following Minutes were received and ordered filed:
e. Planning Commission Meeting - October 17, 1990.
2 . Received and ordered filed the Code Enforcement Activity
Report for October, 1990.
3 . Received and ordered filed the Structure Abatement Activity
Report for October, 1990.
4. Ratified Warrant List for October 31, 1990.
6. Approved Consultant Services Agreement for Engineering
Services with BSI Consultants.
7 . Adopted Resolution 110. 90-ill relating to Assessment District
90-1A.
RESOLUTION NO. 90-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS , APPROVING BOND
INDENTURE AND PURCHASE AGREEMENT FOR A SPECIAL ASSESSMENT
DISTRICT.
8 . Accepted Proposal of BSI for report on infrastructure needs in
the proposed Assessment District Area East of Main Street.
9 . Agreed to Assignments in the Estoppel Certificate for
Woodcrest-Tuscany.
PAGE_._ _C'F�`--
PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 13, 1990
10. Approved Funding for the Human Services Center for the
remaineder of Fiscal Year 1990-91 in the amount of $14,000 for
the City's share of the operating expenses with the following
conditions:
A. The City of Lake Elsinore, in partnership with-United Way,
will fund the Human Services Center for the balance of
Fiscal Year 1990-91.
B. The City of Lake Elsinore will be the lead agency in
operating the Human services Center.
C. Future funding of the Human Services Center will depend on
the Center's ability to be self supporting and the City
will not use General Fund revenues to support the Center.
D. The attached Lease Agreement be executed for a one-year
term.
E. The Memorandum of Understanding between the City of Lake
Elsinore and the United Way be executed, to allow the
transfer of Seed Grant funds ($16, 000) .
F. The attached Operating Budget be adopted, the Policies for
Use be approved, and the Sublease Agreement and procedure
forms be approved.
Il. Adopted Resolution No. 90-112 relating to Maintenance of Air
Quality Standards.
RESOLUTION NO. 90-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, INDICATING THE CITY'S COMMITMENT TO ACHIEVE AND
MAINTAIN STATE AND NATIONAL AMBIENT AIR QUALITY STANDARDS AND
CONSISTENCY WITH THE 1989 AIR MANAGEMENT PLAN, REGIONAL
MOBILITY PLAN AND GROWTH MANAGEMENT PLAN (SOUTH COAST AIR
QUALITY MANAGEMENT DISTRICT) .
12. Authorized City ,Staff to implement the Business and Tourism
Development Program and confirmed the City Council as the
governing board of City Bid Districts, effective January 1,
1991.
13 . Adopted Resolution No. 90-113 relating to the Marks-Roos Bond
Issue.
RESOLUTION NO. 90-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DETERMINING BENEFIT TO THE RANCHO LAGUNA REDEVELOPMENT PROJECT
AREA NO. II OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE.
14 . Accepted Storm Drain Easement over Portions of Lots 91 through
94 and Lot J - Tract 17413-6.
15. Accepted Quitclaim Deeds for Water Rights as follows:
Parcel Map 23400
501 and 503 Adobe
317 Scrivener
320 Lewis
319 Scrivener
217 Townsend
408 Lewis
911 Pottery
PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990
16. Approved public hearing date of November 27, 1990 for the
following:
a. Collier Avenue Imp rov went Pro ect = City of Lake
Elsinore.
The proposed projf:ct involves an amendment to the
Circulation Element of the General Plan to re-designate
Collier Avenue from a modified collector to a major
arterial between Riverside Drive and Nichols Road. In
addition, the project includes a request to permit the
roadway's subsequent realignment and construction. The
proposed roadway will consist of a 100-foot right-of-way
with four 12 to 13-foot travel lanes, two 6-foot bike
lanes, two 12-foot landscaped parkways, and a 14-foot
landscaped median. The project will also include the
relocation and upgrading of existing water and sewer
lines. The proposed project is located adjacent to the
existing alignment of Collier Avenue between Riverside
Drive and Nichols Road.
b. Tentative Parcel Map 25586 - Ayres Pro erties.
A request to create four (4) parcels and one (1)
remainder parcel on 1.40 acres in the R-1 zone. The
project is locatetd westerly of Casino Drive, at the
northerly terminus of 9th and loth Avenues.
ITEMS PULLED FROM CONSEN-;' CALENDAR
5. Property Tax Pass Through - Resolution No. 90-110.
IED BY
MOVED BY CONTINUE THIS BY ITEMWINKLER FURTHER FINANCER UNANIMOUS
VOTE TO C DEPARTMENTRE YEW.
PUBLIC HEARING
31. General Plan Revision and Related Environmental Impact Report.
Resolution Nos. 90-114 & 90-115.
Community Development Director Gunderman detailed the concerns
remaining after the last Council meeting and detailed the most
recent revisions proposed.
The City Clerk reported no additional written comments or
protests.
Mayor Washburn inquired whether Mr. Smith had seen the latest
map for the annexation area he is concerned with. He advised
he had not seen it. Mayor Washburn provided him a copy of the
latest plan and gave him the opportunity to review it.
Councilman Buck expressed concern with the volume of materials
presented for review and suggested continuance for two weeks.
Councilmembers Dominguez and Starkey concurred.
Mayor Washburn requested that the goal expressed at the last
meeting with regard to jurisdiction over the lake be
incorporated in the final document. He further requested
verbiage to protect and maintain buildings and facilities of
historical and cultural significance to the Community. The
Consultant advised that the historical and cultural
characteristics have been addressed in several places.
Mr. Elbert Smith advised that he had now reviewed the plan and
was pleased with the latest proposal. He thanked the City
Council for their consideration of his concerns. He further
requested clarificELtion of the mixed use designation. Mr.
Gunderman explained this designation.
AGENDA ITEM 0.
PAGE OF_ {,a�- ,
PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 13, 1990
MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING.
32. Tentative Tract MaID 25242 - Finklestein c/o MAjnee g2nqq1tLs.
A request for approval of a 39 lot single-family subdivision
located on the east side of the "T" intersection of Hoff
Avenue and Pierce Street.
Community Development Director Gunderman detailed this
request.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:28 p.m. asking
those in favor of this project to speak. The following person
spoke:
Alan Manee, Consultant, commented on the Master Plan of
Services and the timing due to the extensive pro forma costs.
He also advised that this is the only estate size lot project
on the books.
Mayor Washburn asked those in opposition to speak. Hearing
no one, the public hearing was closed at 7: 30 p.m.
Mayor Washburn questioned the design of ingress and egress to
the project. Mr Gunderman clarified that while there is only
one point of ingress/egress this is planned for larger lots
and should not be a problem.
MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE
TO ADOPT NEGATIVE DECLARATION 89-43 AND APPROVE TENTATIVE TRACT
MAP 25242 BASED ON FINDINGS AND SUBJECT TO THE FOLLOWING
CONDITIONS OF APPROVAL.
FINDINGS:
1. The proposed subdivision, together with the
Provisions for its design and improvement, is
consistent with the General Plan and any applicable
Specific Plan. The proposed subdivision or land use
is compatible with the objectives, policies, general
land uses and programs specified in the General Plan
and any applicable Specific Plan. (Government Code
Section 66473.5)
2. The Planning Commission has considered the effects of
its action upon the housing needs of the region and
has balanced these needs against the public service
needs of its residents and available fiscal and
environmental resources. (Government Code Section
66412.3)
3 . The design of the subdivision provides to the extent
feasible, for future passive or natural heating or
cooling opportunities in the subdivision.
(Government Code Section 66473 . 1)
4 . The Planning Commission shall determine whether the
discharge of waste from the proposed subdivision into
the existing sewer system would result in a violation
of the requirements as set out in Section 13000 et
seq. of the California Water Code. If the Planning
Commission finds that the proposed waste discharge
would result in or add to a violation of said
requirements, the Planning Commission may disapprove
AGENDA ITEM N
PAGE OF
PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 13, 1990
the tentative map or maps of the subdivision.
(Government .ode Section 66474.6)
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 25242
Planning Division:
1. Tentative Tract Map will expire two (2) years from
date of approval unless an extension of time is
granted by the City of Lake Elsinore City Council in
accordance with the Subdivision Map Act.
2. The Tentative Tract Map shall comply with the State
of California Subdivision Map Act and shall comply to
all applicable requirements of the Lake Elsinore
Municipal Cade, Title 16 unless modified by the
Conditions of Approval.
3. A precise survey with closures for boundaries and all
lots shall be provided, per City Ordinance.
4. The City's Noise Ordinance must be met during all
site preparation activity.
5. Street names within the subdivision shall be approved
by the Planning Division.
6. All grading shall conform to the requirements of
Section 6. 11 of the Subdivision Ordinance and Chapter
70 of the Uniform Building Code.
7 . Pay all applicable fees in force at time of issuance
of building permits.
8 . Prior to final approval of Tract Map 25242 the
improvements specified herein and approved by the
Planning Commission and the City Council shall be
installed, or the bonds and agreement for said
improvements, shall be submitted to the City, and all
other stated conditions shall be complied with.
9. Prior to final Tract Map approval by the City
Council, all lots within this subdivision shall
conform to the minimum dimensional standards of the
R-1 Zoning District.
10. Final Map shall reflect plotting as approved on plans
date stamped August 17 , 1990.
11. Building permits shall not be issued until proof of
payment of school mitigation fee is presented to City
Building Division.
12 . All of the improvements shall be designed by
developer' s Civil Engineer to the specifications of
the City of Lake Elsinore.
13 . The developer shall submit plans to Southern
California Edison for a layout of the Street lighting
system. The cost of street lighting, installation as
well as er..ergy charges shall be the responsibility of
the developer and/or the association. Said plans
shall be approved by the City and shall be installed
in accordance with the City Standards.
14. Meet all 2.-equirements of Southern California Edison
Company.
pGcNDA ITEM NO--j
PAG��—rO�
PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 13, 1990
15. Meet all requirements of Southern California Gas
Company.
16. Meet all requirements of General Telephone.
17. Trailers or mobile homes utilized during the
construction phase of this project shall be subject
to approval of the Community Development Director.
18. Annexation to the City's Landscaping and Lighting
District is required prior to approval of a Final
Tract Map.
19. Subdivider shall record CC & R's for the project
prohibiting on-street storage of boats, motorhomes,
trailers and trucks over one (1) ton capacity. CC &
R's shall also include screening any ground base disk
and no roof-mounted or front yard disk shall be
allowed. CC & R's shall be subject to the approval
of the Community Development Director, or his
designee, prior to recordation of any deeds or final
map. CC & R's shall be recorded prior to issuance of
any Certificate of Occupancy for the units when
developed in the future.
20. A six (6) foot decorative masonry wall shall be
constructed along the Pierce Street frontage.
Precise design, materials, color and location to be
determined through the Minor Design Review Process.
21. Any alternations to the topography, ground surface,
or any other site preparation activity will require
the appropriate City permits. A Geologic Soils
Report with associated recommendations will be
required for grading permit approval, and all grading
must meet the City's Grading Ordinance, subject to
the approval of the Chief Building Official and
Planning Division. Interim and permanent erosion
control measures are required. the applicant shall
bond l00$ for material and labor for one (1) year for
erosion control landscaping at the time the site is
rough graded.
22 . All development associated with this map requires
separate Design Review approval, the Master Sign
Program to be submitted at the development of the
first parcel, in accordance with Section 17. 82 of the
Municipal Code prior to building permit approval and
shall be subject to further environmental review and
project conditions in accordance with the provisions
of the California environmental Quality Act (CEQA)
Guidelines.
23 . Prior to issuance of any grading permit or building
permit, subdivider shall sign and complete an
"Acknowledgment of Conditions" and shall return the
executed original to the Community Development
Director.
24. Finished slopes shall not exceed 2:1.
25. Conceptual and Final Landscape and Irrigation Plans
for all project slope areas shall be approved by the
Community Development Director and City Landscape
Consultant prior to issuance of building permits for
any phase of development. Improvements shall be
installed prior to Certificate of Occupancy.
AGENDA ITEM NO. l Cl,
PACE _ 7 0
PAGE EIGHT - CITY COUNCIL ]MINUTES - NOVEMBER 13 , 1990
Riverside County Fire Department:
26. Schedule "A" fire protection approved standard fire
hydrants, (61IX4"X2 1/211) located one at each street
intersection and spaced no more than 330 feet apart
in any direction, with no portion of any lot frontage
more than 165, feet from a hydrant. Minimum fire flow
shall be 100Ci GPM for 2 hours duration at 20 PSI.
27. Applicant/developer shall furnish one copy of the
water system plans to the fire department for review.
Plans shall be signed by a registered civil engineer,
containing a Fire Department approval signature
block, and shall conform to hydrant type, location,
spacing and minimum fire flow. Once plans are signed
by the local water company, the originals shall be
presented to the Fire Department for signature.
28. The required water system, including fire hydrants,
shall be installed and accepted by the appropriate
water agency prior to any combustible building
material being placed on an individual lot.
29. All buildings shall be constructed with fire
retardant roofing material as described in Section
3203 of the Uniform Building Code. Any wood shingles
or shakes shall have a Class "B" rating and shall be
approved by the Fire Department prior to installation
(Clarification to be provided based upon new Uniform
Fire Code, 1.988 Edition) .
Elsinore Valley Municipal Water District:
30. Pay water connection fee per Resolution No. 971.5
prior to Certificate of Occupancy issuance.
31. Pay sewer connection fee per Resolution No. 971.5
prior to Certificate of Occupancy issuance.
32 . Submit hydraulic analysis for sewer line and
facilities .sizing.
33 . Submit hydraulic analysis for water line and
facilities sizing.
34 . Design and construct water line along entire project
frontage to E.V.M.W.D. standards.
35. Design and construct sewer line along entire project
frontage to E.V.M.W.D. standards.
36. All facilities must be designed and constructed at
owners/developers expense (or other satisfactory
financial arrangements made) and to the District's
Standards and Specifications.
37. This project is in the 1601 pressure zone with a
maximum serviceable pad elevation of 1481 M.S.L.
38 . Presently there is no water or sewer available for
this project.
39 . Submit a Focused Water and Sewer Master Plan with
Regionally sized lines for this project.
Engineering Department:
40. All Public Works requirements shall be complied with
AGENDA ITEM N . e� .
PAGEOF �-
PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 13, 1990
as a condition of development as specified in the
Lake Elsinore Municipal Code prior to final map
approval.
41. Dedicate underground water rights to the City
(Municipal Code, Title 16, Chapter 16.52.030) .
42. Pay all Capital Improvement and Plan Check fees
(Municipal Code, Title 165, Chapter 16.34, Resolution
85-26) .
43 . Submit a "will Serve" letter to the City Engineering
Department from the applicable water agency stating
that water and sewer arrangements have been made for
this project. Submit this letter prior to final map
approval.
44 . Construct all off-site public works improvements per
approved street plans (Municipal Code, Title 12) .
Plans must be approved and signed by the City
Engineer prior to final map approval (Lake Elsinore
Municipal Code 16.34) .
45. Pay all fees and meet requirements of encroachment
permit issued by the Engineering Department for
construction of public works improvements (Municipal
Code, Title 12, chapter 12 .08 and Resolution 83-78) .
46. Applicant shall obtain all necessary off-site
easements for off-site grading from the adjacent
property owners prior to final map approval.
47. Arrangements for relocation of utility company
facilities (power poles, vaults, etc. ) out of the
roadway or alley shall be the responsibility of the
property owner or his agent.
48. Provide fire protection facilities as required in
writing by Riverside County Fire.
49 . Provide street lighting and show lighting
improvements on street improvement plans as required
by the City Engineer.
50. Submit Hydrology and Hydraulic Reports for review and
approval by City Engineer prior to approval of final
map. Developer shall mitigate any flooding and/or
erosion downstream caused by development of site and
diversion of drainage.
51. All drainage facilities in this tract shall be
constructed to Riverside County Flood Control
District Standards.
52 . Contribute $100.00 towards the City's Master Entryway
Sign Program.
53 . Applicant shall enter into an agreement with the City
for the construction of public works improvements and
shall post the appropriate bonds.
54 . Developer shall contribute $3 , 000. 00 towards the
design and construction of a traffic signal at the
intersection of Collier and Nichols. This
development will increase traffic at the intersection
at least 2% and should contribute 2% towards
construction.
AOENOA ITCM N0. D,.
DACE OE
PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990
55. Provide Soils, Geology and Seismic reports including
street design recommendations. Provide final Soils
Report showing compliance with preliminary and finish
grade certification. -
56. Lot drainage shall be conveyed to a public facility
or accepted by adjacent property owners by a letter
of drainage acceptance or conveyed to a drainage
easement.
57 . All tracts and engineering shall Set digitized
be i y
developer per City standard, tape
ed
prior to issuance of Certificate of Occupancy. If at
the time of Certificate of Occupancy no system has
been established by the City, this condition shall be
waived, and the Developer will pay a fee of $1, 000.00
per sheet for future digitizing.
58 . No residential lot shall front or have access to
Pierce Street.
59. All local streets shall have sixty (60) feet
right-of-way and forty (40) feet curb-to-curb.
60. Developer shall provide a traffic study prepared by a
Traffic Engineer to determine the traffic volume and
the necessary roadway width of Pierce Street.
61. Developer to provide sufficient right-of-way along
tract boundary for Pierce Street and acquire
necessary right-of-way along southeast side of Pierce
Street from tract boundary to Collier Avenue.
62 . Developer shall design Pierce Street from Gray Avenue
to Collier Avenue. Developer shall improve Pierce
Street along tract boundary to 1/2 street width to
provide for parking and two (2) travel lanes (30
feet) minimum. Applicant to coordinate with
Riverside County for improvements north of Pierce
Street center line. Developer shall also impes rove
Pierce Street for two (2) paved
feet) from northeast tract boundary to Collier
Avenue. City will assist developer in establishing a
benefit reimbursement district for off-site
improvements.
63 . Applicant to work with Alberhill Ranch Development in
designing Pierce Street with the connection to
Nichols Rcad.
64. Developer shall revise drainage plan to meet the
following criteria.
Applicant shall cooperate with Alberhill Ranch
Development and design a storm drain system to
connect to their storm drain. Developer shall
connect on-site storm drain system to the Alberhill
Ranch storm drain or other approved public storm
drain system. City will assist developer in
establishing a benefit-reimbursement district for
off-site :improvements.
65. With the development of this site, all storm
facilities shall provide tract and downstream
property owners with 100 year storm flood protection.
66 . Developer shall provide No Parking and Street
Sweeping Signs for streets within tract or pay a fee
AGENDA ITEM NO. Q�
PAGE-M
PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 13 , 1990
for installation by the City.
BUSINESS ITEMS
51. Community Facilities District 88-3 JWest Lake Elsinore) .
Administrative Services Director Wood detailed the background
of this assessment district and advised that the election is
currently scheduled for November 14, 1990. He also suggested
denial of the conditions as stipulated by the developers which
relate primarily to financing of the District, because there
are a number of factors which would impact the final funding.
John Mandrell, Keith Companies, advised that the developers
now prefer to proceed with the election, but still have
reservations due to the current economic factors. City
Attorney clarified for the developers that the election does
not mandate issuance of the bonds or incurrence of debt.
Mayor Washburn inquired whether the approval would require
finalizing the financing. City Attorney Harper advised that
timing is up to the district following formation.
Mayor Washburn requested clarification of the concerns the
developers are facing.
George Dale, La Laguna Estates, advised that there are
concerns with the entire economic situation, particularly with
regard to the off-site improvements. He further advised that
with the unstable market, they would like to maintain an
opportunity to give input on the issuance of bonds.
Administrative Services Director Wood assured developers that
the City will not proceed without consideration and will
continue to work hard to develop appropriate financing.
Councilman Dominguez questioned the ability to impose a time
limit on bonding. City Attorney Harper advised that a time
limit would not be appropriate.
Councilman Winkler questioned the hearing process. City
Attorney Harper confirmed that a hearing process will ensue
and detailed the process.
MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO REJECT THE REQUEST FOR COMMITMENT WITH THE ASSURANCE TO THE
DEVELOPERS, THAT IF THE PROCEEDINGS GO FORWARD, THAT STAFF WILL
MAKE EVERY POSSIBLE EFFORT TO WORK WITH DEVELOPERS TO ASSURE THAT
-THE FINAL RESULTS ARE IN BOTH THEIR AND THE CITY'S BEST INTEREST,
AS IS THE CASE WITH ALL DEVELOPERS WITHIN THE CITY.
CITY MANAGER COMMENTS
City Manager Molendyk requested a joint executive session to
discuss potential litigation and property acquisition.
CITY COUNCIL COMMENTS
Councilman Buck thanked staff for the assistance provided for the
Miss Lake Elsinore Pageant. He congratulated Miss Lake Elsinore
Christie Grasso and her princesses.
Councilman Starkey commented that he felt the Miss Lake Elsinore
Pageant was an elegant event.
Mayor Washburn also commended the Pageant Committee for their
efforts and commented that the Community Center is looking very
nice.
AGENDA ITEM NO.
__LC,.
FAGE��OE__I_Z
PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 13, 1990
THE CITY COUNCIL MEETING RECESSED AT 7:54 P.M.
THE CITY COUNCIL RECONVENED AT 7:56 P.M.
CLOSED SESSION
THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE
REDEVELOPMENT AGENCY TO DISCUSS POTENTIAL LITIGATION AND PROPERTY
ACQUISITION AT 7:57 P.M.
THE CITY COUNCIL RECONVENED AT 9:16 P.M. NO ACTION TAKEN.
ADJOURNMENT
MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE
TO ADJOURN THE REGULAR COUNCIL MEETING AT 9: 17 P.M.
GARY M. WASHBURN, MAYOR
CITY OF LAKE ELSINOR.E
ATTEST:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
AGENDA ITEM NO. ► 0. -
PACE t L- OF
REPORT TO THE CITY COUNCIL
DATE: NOVEMBER 27, 1990
SUBJECT: Buildinq ,,ACtivity Report,
Month of OCTOBER 1990
PREPARED BY: APPROVED (�
Community
Dave Gund man City anager
Ron Molendyk
DISCUSSION•
Attached is the Building Activity Report which also includes
information for year-to-date and last twelve ( 12) months for
comparison.
RECOMMENDATION:
Receive and file.
AGENDA ITEM NO.
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 - OCTOBER 1990
NEW
41 - Single Family Residence. . . . . . . . . . . . . . . . . . . . . . .$ 5,707,500.00
0 - Duplexes - Bldgs - 0 Units 0 . . . . . . . . . . . . . .$
0 - Multiple Family - Bldgs - 0 Units 0. . . . . . . .$ 95000
2 - Commercial . .43, 100 sq. . . . . . . . . . . . . . . . 0 . . . . . . .$ 2,5779,2850.00
3 - industrial . .40,500 sq. . . . . . . . . . . . . . . . . . . . . . . .$ 1,3 73,800.00
1 - Mobile Home Installations. . (replacement) . . . . . .$
ADDITIONS/ALTERATIONS
133, 0.00
3,30 - Residential. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 000.00
3 - Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .$ 6,000.00
4 - Industrial . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0 - Mobile Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ .00
18 - Swimming Pool/Signs/Blockwall/Misc. . . . . . . . . • • •$ 177,580.00
3 - Grading . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .
1,377,900.00
ANNUAL COMPARISON
CURRENT YEAR PRECEDING YEAR
No. Permits Valuation No. Permits Valuation
Month of: October 105 $11,383,310 131 $ 81202,751
Calendar Year: 910 $39, 148,856 952 $44,952,173
Last 12 Months: 1019 $44,699,783 1172 $50,662,043
Plumbing Permits: 58 83
Electrical Permits: 74 90
Mechanical Permits: 46 66
Description
Owner Valuation
New Sin le Famil
,50Q
, 150
20 - Homes on Bella Caserta Carlan Homes 3 ,000
17 - Homes on Beechwood Ln. Osborne Dev. ,1152,000
317 & 319 Scivener K-1 Select 96,000
320 Lewis St. K-1 Select 117,000
788 Mill St. Hummill
NEW COMMERCIAL
Recreation Center Lewis Homes 25,000
31315 Chaney - Office E.V.M.W.D- 2,554,250
NEW INDUSTRIAL
31315 Chaney - Warehouse E.V.M.W.D. 382,800
31315 Chaney - Maintence/Mech. E.V.M.W.D. 991,000
AGENDA ITEM NO.
PAGE L OF�
CITY OF LAKE ELSINORE
MONTHLY REPORT OF INVESTMENTS
OCTOBER 31 , 1990
INTEREST DATE MATURITY
RATE PURCHASED DATE AMOUNT
LOCAL AGENCY INVEST FUND 8.321% DAILY 24-HOUR $3,600,000
GOVEFNMF2iT BACKED SECURITIES - NEGOTIABLE
FEDERAL HOPE MORTG, CO. 8.000% 02-09-87 06-01-16 211 ,148
GOV. NATIONAL MORTG, ASS. 8.000% 05-17-88 11-15-00 94,398
305,546
CITY INVESTtENT TOTAL -3,905,546
AVERAGE ANNUAL RATE. . . . . . .8.296%
ESTIMATED EXPENDITURES - NOVEMBER 1990 $1,200,000
"Will meet anticipated expenditures
AGENDA ITEM NO.�.
�' PAGE .,,.,,OF.��
LAKE ELSINORE
PAGE NO. 1
DEMAND/WARRANT REGISTER NO. 91-051 DATE 1 1 /15/90
PAYEE
,HER DETAIL OF DEMANDS PRESENTED WARRANT CHECK
0 WRITTEN
DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT Np. AMOUNT
A - 2 BUS SALES 21239 418 . 94
ACE LOCK & KEY 21240 64 . 58
AKAI LANDSCAPE 21241 3686 . 00
ALLANS POWER & EQUIPMENT RE 21242 21 . 99
AMERICAN BARRICADE 1243 267 . 55
AMERICAN PUBLIC WORKS ASSOC . 1244 35 . 00 *
APPLE ONE 1245 S9 . 60 *
ARTISAN GOLDSMITHS & AWARDS 1246 23 . 04 *
DONALD BANFIELD 1247 200 . 00 *
BIG AL OIL CO. 1248 3813 . 81
CYNTHIA BLOOD-WILSON 1249 344 . 00
BOB BOONE 1250 50 . 00
CALIF . BOARD OF EQUALIZATION 212si 25 . 72 *
DEPT. OF TRANSPORTATION 1252 464 . 89 *
CALIF. EMPLOYMENT DEVELOPMEN 21230 2699 . 61 *
CALIF . PARK & RECREATION 1253 100 . 00 *
CHEVRON U . S.A . INC. 1254 26 . 20 *
COM SER CO . 1255 439 .5S *
CONTINENTAL PACIFIC BATTERY 21256 48 . 10 *
CORONA INLAND FIRE EQUIPMENT 1257 33. 50 *
DANIEL'S TIRE SERVICE 1258 393 . 81 *
DELTA ,DENTAL PLAN OF CALIF . 1259 630 .33 *
AGENDA ITE Al ND.
_L_�
PAGE j , -
PAGE NO. 2
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 91 -051
DATE 11/15/90
WARRANT CHECK
PAYEE WRITTEN
ER DETAIL OF DEMANQS PRESENTED
DESGRIPTtON
ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT
1260 45 . 96 *
.V.M.W.D.
1047 235794 . 60 *
.V .M.W .D.
1210 100000 . 00 *
E.V.M.W.D.
ELSINORE OFFICE PRODUCTS 1261 42 . 07 *
ELSINORE VALLEY RENTALS
126E 418 . 00 *
XECUTIVE MICRO 11263 1942 . 89
EXPRESS BLUEPRINT INC . 1264 221 . 68
FIRST AMERICAN TITLE INS. CO 1265 225 . 00
1ST CALIFORNIA CAPITAL MARKS 1266 47122 .31
IRST TRUST RANK 1225 2fl290 . 91
LAIR DATA, INC .
1267 1036 . 08 *
ONTANA PAVING, INC. 1268 1053 . 41 *
RED'S ELECTRIC 1269 806 . 00 *
1270 190 . 28 *
G .T .E.L.
EARHARTS SERVICE STATION 1271 1201 . 93 *
GENERAL TELEPHONE CO. 1272 1295 .70
OVERNMENT FINANCE OFFICERS 1273 37 .36
AVID A. GUNDERMAN 1274 135. 00 *
ROWN,HARPER, $URNS, 6 HENTSCH 1275 35000 . 00 *
INKLEY b SCHMITT 1276 25 .25 *
ORIZON WATERS 1277 474 .20 *
I .C. M. A. RETIREMENT TRUST 1227 1090 . 19
AGEING ITEM O. �—
R GE OF
I
LAKE ELSINORE
PAGE NO. 3
DEMAND/WARRANT REGISTER NO. 91 -051
DATE 11/15/90
PAYEE
'HER DETAIL OF DEMANDS PRESENTED WARRANT CHECK
WRITTEN
DESCRIPTION ACCOUNTCHO'D INV.NO. AMOUNT
NO. AMOUNT
IKON BUSINESS SYSTEMS
1278 354 . 78 *
J E R LANDSCAPE MAINTENANCE
1279 442. 77
MICHELE JECTER
1280 75 . 44 *
JON'S FLAG SHOP, INC .
Iasi 267 . 54 *
KACHINA ENGINEERING
1282 5935. 00
STEVE KARVELOT
1283 496 . 00 *
VICKI LYNN KASAD
1284 61 .20 *
RONALD F. KIRCHNER
1285 100 . 00 *
KLE I NFELDER
1286 3873.56 *
KOBATA ASSOCIATES, INC . 1287 560 . 00 *
KOCH MATERIALS COMPANY
1288 258 . 07 *
KURAGAMI WHOLESALE NURSERIE 1289 1195. 31 *
LAKE ELSINORE AUTO PARTS 1290 755.53 *
CITY OF LAKE ELSINORE 1224 56849 . 23 *
LAKE ELSINORE MATERIALS 1291 88. 39 *
LAKE ELSINORE UNIFIED 1292 1600 . 00 *
LAKESIDE CHEVROLET, INC . 1293 25i . 38
LEAGUE OF CALIFORNIA CITIES 1231 120 . 00
LEAGUE OF CALIFORNIA CITIES 1235 26 . 00
MBC CONSTRUCTORS LTD 1294 148696 . 06
MAYHALL PRINT SHOP 1295 1662. 48
METROMEDIA PAGING SERVICES 1296 131 . 00
ACEN A.TEM qo.
' vE Or
PAGE NO. 4
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 91 -051
DATE 11/15/90
WARRANT CHECK
PAYEE WRITTEN
ER DETAIL OF DEMANDS PRESENTED
DESCRIPTION ACCOUNT CHG'D
INV.N0. AMOUNT NO. AMOUNT
1297 497 . 86
ON MOLENDYK
1298 523 .50
OTOROLA, INC .
1299 8581 . 11
N .B. S ./ LOWRY
1300 35 . 85
P .F . PETTIBONE 6 CO .
1301 60 . 00
RILL PAYNE
1302 42 .30
iTNEY BOWES INC .
1303 72 . 00
AMBER POULTER
1304 234 . 00 *
THE PRESS ENTERPRISE
1305 2500 . 00 *
PRESTIGE LANDSCAPING
1306 1649 .38 *
RICE SECURITY SYSTEMS
PRUDENTIAL OVERALL SUPPLY
1307 392 . 52
PRUDENTIAL OVERALL SUPPLY
1308 113 .21
ERS-BOARD OF ADMINISTRATION
1229 19652 . 84 *
UBLIC EMPLOYEES RETIREMENT
1228 2193 . 92 *
1309 88 . 18
UILL CORPORATION
1310 64 . 68
ANCHO FORD
*
IVERSIDE COUNTY FEDERAL 1232 2771 . 56
COUNTY OF RIVERSIDE - OFFICE
1311 2550 .31
1046 7 . 00 *
FFICE OF THE COUNTY RECORDE
AUNTY OF RIVERSIDE 1312 139647 . 18 *
1313 17 . 00 *
AUNTY OF RIVERSIDE
ODRiGUEZ DISPOSAL CO .
1314 1223 .50 *
ACE DA ITEA I NO.
PAGE c p
LAKE ELS I NORE PAGE NO. 5
DEMAND/WARRANT REGISTER NO. 91-051 DATE 11 /15/90
PAYEE
HER DETAIL QF DEMANDS PRESENTED WARRANT CHECK
J. WRITTEN
DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT
S. C. C . C. A . 1315 25 . 00 *
SAFETY-KLEEN CORP . 1316 39 .39 *
SAMPSONIC 1317 99 ,55 *
SECURITY PACIFIC NAT 'L BANK 1318 250 . 00 *
SECURITY PACIFIC NAT 'L BANK 1319 664 . 36 *
SECURITY PACIFIC NAT 'L BANK 1320 1406 . 14 *
SECURITY PACIFIC NAT 'L BANK 1321 278 . 18 *
SECURITY PACIFIC NAT'L BANK 1322 159 . 32
SEERS LUMBER 1323 174. 39 *
SELF' S JANITORIAL SERVICE 1324 3355. 06 *
SIGNS PLUS 1325 425. 00 *
GREGORY K . SMITH 1326 940 .50 *
SUSAN SORIA 1327 352 . 00 *
SOUTHERN CALIFORNIA EDISON C 1328 913 . 75 *
SOUTHERN CALIFORNIA GAS CO . 21329 91 . 92 *
STANDARD OFFICE SYSTEMS 21330 46 .21 *
STATE COMPENSATION INSURANCE 21226 205 . 49 *
STEVE'S AUTO PARTS 1331 279 . 88 *
STOCKWELL 6 BINNEY 1332 248 . 63 *
STRUCTURAL TERMITE PEST 01333 200 . 00 *
THOMPSON PUBLISHING 1334 203 . 25 *
TOP-LINE INDUSTRIAL 1335 103 . 99 *
AGEN A ITE NO.-q---
RC.E �J 0"r
PAGE NO. 6
LAKE ELSINORE
DEMAND/WARRANT REGISTER NO. 91-051
DATE 1 1 /1 S/90
WARRANT CHECK
PAYEE WRITTEN
ER DETAIL OP DEfJIANDS PRESENTED
DESCRIPTEON ACCOUNT CHO'D INV.NO, AMOUNT NO. AMOUNT
1336 56 .75
P . S.
NIVERSAL COACH PARTS INC . P.1337 243 .39
ICHARD WATENPAUGH 1338 100 . 00
EST COAST WINDOW CLEANING 1339 665 . 00
WESTERN HIGHWAY PROD . , INC . 1340 658 .47 *
ILLDAN ASSOCIATES-PLANNING 1341 8696 . 00 *
AY WOOD ASSOCIATES 1342 3825 . 00 *
UMAR INDUSTRIES 1343 2477 .82
PRUDENT PUBLISHING 1344 84 .31 *
RONALD & BILLIE BARNES & R .W 1345 116 .50 *
1346 350 . 00 *
CAMPBELL TREES
GERALD & KATHY HALBERG 1347 191 .50
NDERSONS CARPET CLEANING 1348 56 . 95
AWRENCE & CAROLYN MCLINGBER 1220 426 .25 *
OCAL GOVERNMENT COMMISSION 1349 85 . 00 *
WARM SPRINGS ASSOCIATES 1209 31524 . 25 *
CENTRAL BUSINESS PARK 1211 175. 00 *
OCKEY K. & YOUKO A . MURATA 1212 452. 00 *
CHARCAR INVESTMENT 1213 8378 . T5
IRENE DANON & LOUIS ALCOLAY . 1214 1072 . 50 *
AVID B . MAIZLAND AND 1215 708 .75 *
HARLES A MORRIS & 1216 2400 . 00 *
ACEND ITEM O.
P GE
LAKE ELSINORE
PAGE NO. 7
DEMAND/WARRANT REGISTER NO. 91 -051
DATE 11 /15J90
PAYEE
:HFR 0. DETAIL OF DEMANDS PRESENTED WARRANT CHECK
WRITTEN
DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT N0.
AMOUNT
B N I BUILDING NEWS
1350 44 . 03 *
MERCURY MARKETING
1351 150 . 00 *
ROBERT & MAY WONG
1221 24500 . 00 *
ELSINORE VALLEY CEMETARY
1223 4202.25
RANCON REALTY
1223 125 . 00
THE SMITHSONIAN INSTITUTION
1352 20 . 06 #
YBARRA, MICHAEL AND
1353 116 . 50
LUTHI , BERNICE AND
1354 191 .50
PAGE, WELDON AND
1355 116 . 50
BUTTERFIELD SURVEYS INC . AN 1356 175 . 00
ORTIZ, FRANCISCO AND MARIA
1357 150 . 00
BOUCH, GENE AND
1358 200 . 00 *
BROWN, ELLA AND 1359 233 . 00 *
ATTRIDGE, A AND JOAN 1360 125. 00 *
MCKEE, J AND JULIA AND 1361 191 . 50
ALLEN, VIRGINIA LEE AND 1362 125 . 00
BUSH, THOMAS AND KOROLA AND 1363 233. 00
ROTH, HILDEGARD AND 1364 116 . 50
LAKE ELSINORE BUSINESS PARK 1365 283 . 50
WILSON, ROBERT AND ALIDA AND 1366 116 .50
SMITH, ROBERT AND 1367 650 . 00
CARLAN HOMES, INC . 1368 89 .31
AGENDA 1 Nt N0.
PAG wr_g
PAGE NO. 8
LAKE ELSINORE
DATE 11 /15/90
DEMAND/WARRANT REGISTER NO. 91-051
WARRANT CHECK
PAYEE WRITTEN
ER DETAtL OF DEMANDS PRESENTED AMOUNT
DESCAipTI IN
ACCOUNT CHG'D INV.NO. AMOUNT NO.
I . C . S. INVENTORY CONTROL SYS
1369 57. 98
1370 455 . 00
AKEVIEW CARPET
1371 20 . 00
EBRA SPELLMAN
1372 135. 19
SIGN KWIK
1234 30 .25
TIMOTHY L. & SUSAN M . STRADE
1233 3694 . 00 *
ELSINORE BUSINESS PARK
DANIEL R . 6 BETTY DOWNER 1217 9421 .50
1236 24 . 00 *
CITY OF CATHEDRAL CITY
AGENDA JjEAl Nib.
PAC p�— ,
LAKE ELSINORE
PAGE NO. 9
DEMAND/WARRANT REGISTER NO. 91 -051 DATE 1 1 /1 5/90
PAYEE
HER DETAIL OF DEMANDS PRESENTED WARRANT CHECK
WRITTEN
DESCRIPTION ACCOUNT CH7TOTAL
AMOUNT =45-19405, . 04
KITTENREPAID28835 . 85
ACCRUED . 00
988240 . 89
RECAP BY FUND RE-PAID RITTEN
GENERAL FUND 100 104S96 . 08 20S329 . 17
LIGHTING/LANDSCAPE DISTRI130 1298 . 29 3508 . 13
STREET CAPITAL PROJECTS 201 . 00 3873 . 56
PARK CAPITAL PROJECTS FU 221 . 00 292S . 00
L . E . T . S . FUND 450 29 .38 3969 .70
OTHER FUNDS 999 422912 . 10 239399 . 48
AGENDA ITEM N
PACs
07
�IU
CLAIM AGAINST THE CITY OF LAKE ELSINORE R tC r 1 yt p
(For Damages to Persons or Personal Property) . , ( �rT
Q wo
Received By
(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 claiT 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 Fain Street video
a. Address of Claimant 1,36 i1orth Main Street, Lake Elsinore, Ca. 923330
b. Phone No. ( c. Date of Birth N/A
d. Social Security No. VA
e. Drivers Lie. No. N/A
2. Name, post office address and telephone to which claimant desires notices
to be sent, if other than the above:
uIUIIA►il) BA�ii� 2020 oast First Street, Suite _509, Santa Ana, Ca. 92705
3. Occurrence or event from which this claim arises:
a. Date July 9,1990 b. Time h/A
con 1nuing.
e. Place (Exact and specific location) Hain "treet Test Block Project--
Specifically 136 North Main Street, Lake Elsinore, -Ca.
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) .
The City of Lakr Elsinore, its agents and assigns have negligently caused
to be started and continued the "improvements" on Main Street. That the
said City and its agents misrepresented to Claimant the extent and time
necessary for said ro-ec co lect'on.
e. What particular acLion �y ��ie C�ty or its employees, caused the
alleged damage or injury?
The City its agents and assinFns negligently contracted with TOU,iVii,Lh
CONST,iUCTIOIA COMNANY to complete said project,
AGENDA 17bv1 ivi._�_..
PACE _0
4. Were there any injuries at the time of this incident? ' If there were no
injuries, state "No Injuries".
N/A
5. Give the name(s) of the LETS employee(s) causing the damage or injury:
City Manager, City Council, City Employees, Tourville Construction Co.
6. Name and address of any other person injured:
Af/A
7. Name and address of the owner of any damaged property:
Same
S. Damages Claimed:
a. Amount claimed as of this date: $ 8,000 00
b. Estimated amount of future costs $ 4,000,00
c. Total amount claimed $ 12,000.00
d. Basis for computation of amounts claimed (Include copies of all
bills, invoices, estimates, etc. ) Lost income due to ne Tl.iqence.
9. Names and addresses of all witnesses, hospitals, doctors, etc. :
a.
b.
c.
d.
10. Any additional information that might be helpful in considering this
claim: la.imantn was told traffic: would be interrupted for a maximum of ten
(l;)} r3;3v, hr r.�n in fact the truth was that traffic was and will be interrupted
for four (4) to (5) months
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. '-`
Gc% Ate/
Signed this _day of_=� f, 1924r, at
California.
AGENDA ITEM NO.
! PAGE `_OF
CLAIM AGAINST THE CITY OF LAKE ELSINORE OCT 24
(For Damages to Persons or Personal Property)
3T�'ry
Received By
i
(
(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:
I. NAME OF CLAIMANT LYNNETTE BURR dba ELSINORE CYCLE GEAR
a. Address of Claimant 103 N. Main Street Lake Elsinore, CA- 92330
b. Phone No. ( C. Date of Birth
d. Social Security No. e. Drivers Lic. No.
2. Name, post office address and telephone to which claimant desires notices
to be sent, if other than the above:
ICHARD BARB 2020 East First Street, Suite 509, Santa Ana, CA. 92705
3 . Occurrence or event from which this claim arises:
a. Date Jul g 1990 and b. Time N/A
continuing,
C. Place (Exact and specific location) Main Street Test Block Pro 'ect -
d r h ;ain Street Lake Elsinore CA.
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) .
The City of Lake Elsinore, its agents and assigns have . negligently
caused to be started and continued the "improvements" on Main Street.
That said city and its agents misrepresented to Claimant the extent
and time necessary for said project completion.
e. What particular action by the City or its employees, caused the
alleged damage or injury?
The Cityits a ents and assigns negligent h Tourville
Construction„ Company to complete said Dro iect. '�} �,M
U
ACENDA;i cro rao. (p
PACE �OF_-
4. Were there any injuries at the time of this incident? if there were no
injuries, state "No Injuries".
N/A
5. Give the name(s) of the LETS employee(s) causing the damage or injury:
City Manager, City Council, City Employees ,
Tourville Construction Co.
6. Name and address of any other person injured:
N/A
7. Name and address of the owner of any damaged property:
Same
8. Damages Claimed:a. Amount claimed as of this-, date: $ 45,000.00
b. Estimated amount of future costs $ 40 000.00
c. Total amount claimed $ 85 000.00
d. Basis for computation of amounts claimed (include copies of all
bills, invoices, estimates, etc- )Lost income due to n.egliqenc2 -
9. Names and addresses of all witnesses, hospitals, doctors, etc. :
a.
b.
C.
d.
10. Any additional information that might be helpful in considering this
claim: Claimant was told traffic would be interrupted f or a maximum of
ten 10 days , when in fact the truth was that traffic was and will
be interru ted for four (4 ) to five ( 5) months.
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal Code 72/
Insurance Code 556.1)
1 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.
Signed this 2l day of 19FV, at 6 �
California.
's e
AGENDA ITEM Diu.
PAGE <4 .rOF-,2� --
RifCtlYf4
CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For Damages to Persons or Personal Property) OCT 241990
Received By
(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 AUTO PARTS DEPOT, INC.
a. Address of Claimant 137 North Main Street, Lake Elsinore, CA. 92330
b. Phone No. ( c. Date of Birth N/A
d. Social Security No. N A e. Drivers Lic. No. N/A
2. Name, post office address and telephone to which claimant desires notices
to be sent, if other than the above:
RICHARD BARR, 2020 East First Street, Suite 509, Santa Ana, CA. 92705
3. Occurrence or event from which this claim arises:
a. Date 1 9 1990 and b. Time N/A
continuing.C. Place (Exact and specific location) Main Street Test Block Project -
Enecif; cally 137 North Main Street, Lake Elsinore, CA.
d. How and under what circumstances did damage or inju'ryfoccur? Specify
the particular occurrence, event, act or omission you claim caused the
injury or damage (use additional paper if necessary) .
The City of Lake Elsinore, its agents and assigns have negligently
caused to be started and continued the "improvements" on Main Street.
That said- City and its agents misrepresented to Claimant the extent
and time necessary for said project- co plecE-1-o-n. '
e. What particular action by the City or its employees, caused the
alleged damage or injury?
The City its agents and assigns negligently contracted with TOURVILLE
CONSTRUCTION COMPANY to complete said project.
PAGE _OF
i
4. Were there any injuries at the time of this incident? If there were no
iiijurie.s"VI state "No Injuries".
N/A
S. Give the name(s) of the LETS employee(s) causing the damage or injury:
City Manager, city Council City Employees, Tourville Construction Co.
6. Name and address of any other person injured:
N/A
7. Name and address of the owner of any damaged property:
Same
S. Damages Claimed:
a, Amount claimed as of this date: $ 60,000.00
b. Estimated amount of future costs $ 40,000.00
c. Total amount claimed $?QO 000.00
d. Basis for computation of amounts claimed (Include copies of all
bills, invoices, estimates, etc. ) Lost income due to negligence.
9. Names and addresses of all witnesses, hospitals, doctors, etc. :
a.
b.
C.
d.
10. Any additional information 'that might be helpful in considering this
claim: Claimant was told traffic would be interrupted for a maximum
of ten 10 days,-- when in fact the truth was that traffic was and will
be interrupted for four ( 4 ) to five ( 5) months.
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.
Signed this ,Z/ day of 19k at 414A* I�CSY�rale.
California.
Claimant's Sig ature
ACE14DA J'fLj i i,.u._
PACE c�� 0F
L ✓ ,J
Index No. 90-08619
1ECEIYED
CLAIM AGAINST A GOVERNMENTAL AGENCY mov I Mal
cr cu"r�.r
The Southern California Edison Company, a corporation, is hereby presenting its claim for property
damages to the City of Elsinore, 130 South Main Street, Elsinore, CA 92330
1. The damage occurred on (date) August 17, 1990
(time) 2:00 p.m.
2- (Location) Railroad Canyon Road, corner of Canyon Lake South, Canyon Lake, Califomia
3. The damage occurred as a result of while clearing Railroad Canyon Road for widening project, a backhoe
dug into our splice box
4. General description of property damaged concrete handhole and conductor.
5. Amount or estimate of damage or repair costs $3,291.99
6. Name and address (if known) of public employee or agency causing damage Signs & Pennick, 685 Front
Street, El Cajon, California 92020 - subcontractor of Pardee Construction, 41593 Winchester Road, #201,
Temecula, California 92390
All correspondence in regard to this claim SOUTHERN CALIFORNIA EDISON COMPANY
should be addressed to:
Southern California Edison Company By:
P.O. Box 900 y Salazar
Rosemead, California 91770 Supervising Claims esentative
Attention: J. Romero
CL 94-1(pc)
JR/jabgV
AGENDA ITEM NCI.l:�.r.....r
PAGE 0j=_
REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCING AUTHORITY
DATE: NOVEMBER 27, 1990
SUBJECT: MARKS-ROOS BONDS, SERIES B
PREPARED BY: APPROVED
Services Director City Manager
BACKGROUND:
The CFD 90-2 (Tuscany Hills) Bonds to be issued are to be acquired by the
Public Financing Authority. In order to create the pool from which the
acquisition will occur the PFA must issue its own Bonds. This will be our
second issue of Mark-Roos Bonds, Series B, total issue $31,000,000.
FISCAL IMPACT:
There is no fiscal impact on the City, Agency or Authority since all costs of
the issue are supported by the CFD Bonds which are to acquired.
RECOMMENDATION:
It is recommended that the following actions be taken:
I. City Council adopt Resolution Determining Benefit to Redevelopment
Project Area II; Resolution No. 90- lam.
2. Redevelopment Agency Board adopt Resolution Approving th Sale and
Agreements Relating to the Bonds; Resolution No. 90- .
3. Public Financing Authority Board adopt Resolytion Authorizing the
Issuance of the Bonds; Resolution No. 90-�
AGENDA ITEM N7.' 1
PAGE OF—1
SY051-03
JHHW.ACH=dg 1L W90
RESOLUTION NO. 9 0 - 1 l
A RESOLUTION OF THE CO
?�FtN H EG U ORDA ,EL�INN�, ONR
DEFER-NUN NG BENS
PROJECT AREA NO.II OF THE REDEVELOPMENT AGENCY OF THE CITY
OF 1AKE ELSINORE
TUSCANY HEU S SPECIAL TAR BONDS
WHEREAS, the City of Lake :Elsinore (the "City") and the Redevelopment Agency
of the City of Lake Elsinore (the "Agency") have entered into a Joint Exercise of Powers
Agreement, dated as of July 25, 1989 (the "Agreement"), creating the Lake Elsinore
Public Financing Authority (the "Authority");
WHEREAS, pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California (the "Act") and the Agreement, the Authority
is authorized to purchase bonds issued by the City and the Agency for financing and
refinancing public capital improvements or projects (the "Public Capital Improvements")
whenever there are significant public benefits, as determined by the City or the Agency,
as applicable;
WHEREAS, for the purpose of providing financing and refinancing of Public
Capital Improvements to be undeftaken primarily by the City and the Agency, the
Authority has duly provided for the issuance pursuant to an Indenture of Trust (the
"Indenture"), dated as of February 1, 1990, of its Lake Elsinore Public Financing
Authority 1990 Local Agency Revenue Bonds, in the aggregate principal amount of
$500,000,000 and has duly provided for the issuance pursuant to a Second Supplemental
Indenture, dated as of November 1, 1990, of a series of said bonds in the aggregate
principal amount of not to exceed $35,000,000 (the "Authority's Series B Bonds");
WHEREAS, the Agency has determined to cause the issuance of Special Tax
Bonds (as such term is defined in the Indenture) namely, Special Tax Bonds designated
as "Redevelopment Agency of the City of Lake Elsinore Community Facilities District No.
90-2 (Tuscany Hills Public Improvements) 1990 Special Tax Bonds in the principal
amount of not to exceed $30,000,000 (such Special Tax Bonds being referred to herein as
the "Tuscany Hills Special Tax Bonds"), to provide financing of Public Capital
Improvements of benefit to the Tuscany Hills Project within the Rancho Laguna
Redevelopment Project Area No. II (the "Project Area") of the Agency;
WHEREAS, the Authority desires to purchase the Tuscany Hills Special Tax
Bonds with a portion of the proceeds of the Authority's Series B Bonds and the Agency
desires to sell the Tuscany Hills Special Tax Bonds to the Authority, as set forth and in
' accordance with the Commitment Agreement for Purchase and Sale of Local
Obligations, dated as of November 1, 1990,by and between the Agency and the Authority;
WHEREAS, in order for the Authority to sell the Authority's Series B Bonds, it is
necessary for the Agency to agree to pledge certain tax increment revenues to be allocated
and paid to the Agency with respect to the Project Area as security for the repayment of
the Tuscany Hills Special Tax Bonds;
WHEREAS, the Public Capital Improvements constitute redevelopment activity
primarily of benefit to the Project Area and the Agency is authorized by Section 33445 of
the Health and Safety Code of the State of California to pledge such tax increment
revenues to the payment of the Tuscany Hills Special Tax Bonds, provided that the
Agency and the City shall first, make certain determinations with respect thereto; and
WHEREAS, the City Council, with the aid of its staff, has reviewed the Agency
Pledge Agreement, together with the proceedings for the issuance of the Tuscany Hills
Special Tax Bonds, and the City Council wishes to approve the foregoing in the public
interests of, and for significant public benefits to, the Agency and the City;
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Lake
Elsinore, as follows:
Section 1. Determination.of Benefit pursuant to authority contained in Section
33445 of the Health and Safety Code of the State of California, the City Council hereby
determines that the Public Capital Improvements for the Tuscany Hills Project are of
benefit to the Project Area and that no means other than the pledge of tax increment
revenues contained in the Agency Pledge Agreement is reasonably available to the City to
finance such Public Capital Improvements.
-2-
ACENDA ITEM ?40.
PAC E20-
Section 2. Effective Date. This resolution shall take effect from and after the date
of approval and adoption hereof
PASSED AND ADOPTED this 13th day of November, 1990,by the following vote:
NOES:
ABSENT:
Chairman
(SEAL)
Attest:
Secretary
-3-
ACEt4 ).a i i ciri ►.�}.
PACE 4
REPORT TO CITY COUNCIL
NOVEMBER 27, 1990
SUBJECT: RESOLUTION OF INTENTION TO VACATE
A PORTION OF SILVER STREET ADJACENT TO
SOUTHERLY RIGHT-OF-WAY OF
POTTERY STREET.
ABANDONMENT 90-3
Ron Kirchner
Senior Civil Engineer Director of Public
endyk
City Manager
BACKGROUND
Street Abandonment 90-3 is necessary to improve the vertical
alignment of Silver Street and eliminate the blind intersection at
Silver and Pottery. The street abandonment conforms with the goals
and objectives of the General Plan (Reference Exhibit "A") .
SUMMARY
The City Council needs to adopt a Resolution of Intention to Vacate
which will set a Public Hearing for December 11, 1990. Attached
is a copy of this Resolution of Intention to Vacate.
FISCAL IMPACT
None
RECOMMENDATION
1. Staff recommends that Council approve initiating the vacation
proceedings.
2 . Adopt attached Resolution of Intention.
AGENDA ITEM NO.
PAGE....OF
RESOLUTION 90-11-7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE! ELSINORE DECLARING ITS
INTENTION TO VACATE A STREEET EASEMENT
AND SETTING A PUBLIC HEARING THEREON
WHEREAS, the City Council ' of the City of Lake Elsinore has
determined that a certain street easement is no longer necessary
to be utilized as public right of way, said easement being more
particularly described as follows:
Right of Way Vacation of a portion of Silver Street Southerly of
Pottery Street in Block 65 of Heald's Resubdivision, in the City
of Lake Elsinore, as shown by Map on file in Book 8, Page 378, of
Maps, records of Riverside County, California, more specifically
described as:
Commencing at the Northwesterly corner of Lot 20 of said Block 65,
said point being the intersection of the Southerly Right of Way
line of Pottery Street and the Easterly Right of Way line of Silver
Street v
thence South le 29130" West, 10.00 feet, along said Easterly Right
of Way line of Silver Street, to the True Point of Beginning;
thence South 18* 29130" West, 35.53 feet along said Easterly Right
of Way line to a point on a curve, concave Southwesterly, having
a radius of 48.00 feet, the radial bearing to the point being South
57 10126" West;
thence Westerly along the arc of said curve 64.61 feet, through a
central angle of 77021152" to a point on the curve, the radial
r-- bearing to the point being South 20 11126" East, said point being
a point on the Westerly Right of Way line of Silver Street;
thence North 18° 29130" East, 35.53 feet along said Westerly Right
of Way to a point, said point also being a point on the Easterly
property line of Lot 19 of said Block 65;
thence South 71" 31100" East, 60.00 feet to the True Point of
Beginning.
AND WHEREAS, the City Council of the City of Lake Elsinore desires
to vacate said easement pursuant to the procedures set forth in
Streets and Highways Code Section 8320, et sea. .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lake Elsinore as follows: !
1. That the foregoing recitals are true and correct. ;
2 . That the Ilth day, of December, 1990, at 7:00 p.m. , is
hereby set as the time and date for a Public Hearing on the ,matter
of vacation of the above described street.
Said Public Hearing shall be held at the City Council Chambers
located at 545 Chaney Street, Lake Elsinore, California. 1
3 . This Resolution of Intention shall be published one (1)
time per week for at least two successive weeks prior to said
Public Hearing and shall be posted at least two (2) weeks prior to
said hearing, pursuant to streets and Highways Code, Section 8323. ,
1
AGENDA ITEM NO.
PAGE OF--
PASSED, APPROVED AND ADOPTED on this th day of November, 1990,
upon the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
GARY WASHBURN, MAYOR
CITY OF LAKE ELSINORE
ATTEST
VICKI LYNNE KASAD, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM AND LEGALITY:
JOHN R. HARPER, CITY ATTORNEY
i
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f
1
I
t
AGENDA ITEM NO.
PAGE 3 OF
i
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AGENDA *TEM''NO.-
PACE ,
EXHIBIT A -
REPORT TO CITY COUNCIL
NOVEMBER 27, 1990
SUBJECT: NW SEWER PROJECT AD 86-1
PREPARED BY: ;?,
Ron Mole dyk
Director of Public Services City Manager
BACKGROUND
During the construction of this project it has become necessary to
make minor changes to portions of the work. Prices for these
changes have been negotiated with the contract and are shown in the
enclosed Change Order No. 2.
FISCAL IMPACT
This work will increase the contract by $16,090. 00 which will be
funded by the assessment district.
RECOMMENDATION
Approve Change Order No. 2 for the gravity line contract.
AGENDA ITEM NO.
PAGE.,l_OF -3
ire t t ur LAAt ttbiriU t
t
RECEIVED
Nov 0 91990
CHANGEtriulfircnrrnti VEPARTMENT
ORDER
Order No: 2
Date: November 5, 1990
Agreement Date: July 10, 1990
Page 1 of 2
owner: City of Lake Elsinore
Project: Northwest Sewer Assessment District 86-1
Contractor: MBc Constructors, Ltd.
The following changes are hereby made to the Contract Documents:
2.) 2-210 01 r 37 to' swere3installedsafter Sewer
deleted on plans
2.) 2-21 X 6 Y
3.) Existing gas main not shown on plans.
4.) Changed 9 MH's from 4' to 51 .
ITEM DESCRIPTION OLANTM UNIT COST MM
1 15" Sewer line not $5,490.00 $5,490.00
as shown L.S.
2 21"X6" Y' s 2 379.00 750.00
3 Remove and replace L.S. 5,350.00 5,350.00
gas main
4 Change 4' MR's to 500.00 4,500.00
5' MH's 9
TOTAL 6,090.OQ
JUSTIFICATION
Items No 1 had to be kept in service and was closer to the new
line than records indicated. Item 2 was changed per the property
owner. Item 3 was not known until construction began: Item 4 was
per EVMWD specifications.
CEANGE TO CONTRACT PRICE
Original Contract Price
$1,177,345.40
Current Contract price adjusted by 1,167,767.16
Previous Change Order(s)
Contract Price due to this Change 16,090.00
Order will be increased/I;decreased)
New Contract Price including this 1,183,857.76
Change Order AGENDA ITEM NO.
s PAGE .OF 3_
Change Order No. 2
City of Lake Elsinore
CHANGE TO CONTRACT TIME
Contract Time will be increased 12 Days
Date for Completion of all Work December 25, 1990
City of Lake Elsinore
By Date:
Recommended by: Date: November 5, 1990
Accepted by s Date• WOO ,
T—
AGENDA ITEM NO. �
PAGE 3 OF
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held
by the City Council of the City of Lake Elsinore on the lath day of
December, 1990, in the District Board Room, 545 Chaney Street, Lake
Elsinore, California, at 7: 00 p.m. , relative to the following:
PROJECT: TENTATIVE PARCEL MAP 25106 (REVISED) _ TOMISLAV GABRIC AND
ASSOCIATES.
A request to divide a 7. 7 acre site into two parcels.
Parcel 1 of 2.71 acres and Parcel 2 of 3 .37 acres to
accommodate a retail/commercial development consisting of
five (5) buildings and associated parking. The revision
of this proposed development increases the gross acreage
of the site from 6. 6 acres to 7.7 acres. The increase of
one (1) acre would incorporate additional area for an
increase in the number of parking spaces available for the .
Proposed development.
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: November 15, 1990 SIGNED
VICKI KASAD, CITY CLERK
PLEASE PUBLISH ON: November 29, 1990
AGEIJOA ITEM I'V0,_
PAGEL__,/ TOF`_`
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 11th day of
December, 1990, in the District Board Room, 545 Chaney Street, Lake
Elsinore, California, at 7:00 p.m. , relative to the following:
PROJECT: ZONE CHANGE 90-8 REVISED _ THOMAS BROTHERS DEVELOPMENT
A request to re-zone a 0. 69 acre parcel from R-1 (Single
Family Residential) to C-2 (General Commercial) .
LOCATION: The project is located approximately 250 feet southeast of
the intersection of Summerhill and Railroad Canyon Roads.
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: November 15, 1990 SIGNED _
VICKI KASAD, CITY CLERK
PLEASE PUBLISH ON: November 29, 1990
PAGE��OF_��
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held
by the City Council of the City of Lake Elsinore on the llth day of
December, 1990, in the District Board Room, 545 Chaney Street, Lake
Elsinore, California, at 7: 00 p.m. , relative to the following:
PROJECT: TENTATIVE TRACT MAP 25830 - HOMESTEAD LAND DEVELOPMENT
A request to subdivide 35.79 acres of land.
LOCATION: The project lays south of Scenic Crest Drive, west of
Greenwald Avenue, for the construction 140 single-family
lots with one (1) lot as a sewer lift station.
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: November 15, 1990 SIGNED
VICKI KASAD, CITY CLERK
PLEASE PUBLISH ON: November 29 , 1990
AGETZ' 11 tfr� N4.
u
MEMORANDUM
TO: Honorable Mayor and City Council
DATE: November 27, 1990
SUBJECT: General Plan Revisions
PREPARED BY: PROVED BY _
Cev. Dir. City Manager
Bacr,crround
At the November 13th City Council meeting, the Council continued
action on the General Plan Revision to November 27, 1990. The
Council requested staff include policies in the text relative to
the City's desire to acquire the Lake from the State and to
emphasize identification and preservation of historical buildings
within the City. Further, Council requested staff review the areas
designated for industrial uses and determine if sufficient
industrial properties will be developed under the General Plan.
General Plan Text
Reference to historical preservation and identification are now
contained in the General Plan text. Specifically, goal 3.o and
Ob 'ective 3 . 1 on page 25 address these issues.
Policy 1 2 3 on page 30 provides the City's Additionally,
acquisition of the Lake. Y position regarding
In response to additional requests, Policy 1.7.3 on page 19 has
been added to identify the City's desire to promote and develop our
geothermal resources.
Industrial Properties
The General Plan presently identifies: A jobs/housing balance in
Lake Elsinore of .70: 1. 0. In other words, we are proposing land
use designations which will generate .70 jobs for each resident in
the City over time. Our industrial areas are primarily focused
along I-15 and Highway 74. Additionally, several of our Specific
Plan areas will include industrial uses as well as residential and
commercial uses. As our City develops and as the market for the
area dictates land uses, it will be necessary to adjust the General
Plan to provide for land uses necessary to satisfy the demand.
Until that time, we feel adequate industrially designated
Properties are available.
Recommendation
Staff recommends the City Council:
I. Adopt Resolution 90-114 approving the revised General Plan.
2. Adopt Resolution 90-115 certifying the Environmental Impact
Report and Statement of Overriding Considerations.
AGENDA ITEM NO. 3
PAGE OF
NEEMORANDUM
TO: Dave Gunderman
FROM: Karen Gulley
DATE; November 19, 1990
SUBJECT: Lake Elsinore General Flan - Geothermal Resources
As requested by Ron Smothers, I have drafted a policy and supporting discussion of
geothermal resources for the Land Use Element.
IQ BF iNS ERTEDI?QP_A_ JQ S. QB � p•I�TD POLICIES SECTION
me TNF t.Q1N'D USE ELE1f ffia
Policy 1.73 The city shall study the feasibility of developing and promoting the
geothermal resources in the downtown area for a recreational/tourism
activity.
To BE_LN: RTED N PAG N EPT E N
TH_ FIRST PARAGRAPH
The city may further enhance its role as a recreation/tourist center by taking advantage of
its geothermal resources in the downtown area.. In the 1880's, hot-mineralized water from
a spring in the downtown area prompted the growth of a bath house industry that
complemented the recreational activities associated with the lake. Since 1926, the city has
drilled several wells and developed a small distribution system in the downtoum area to
provide hot mineral water to nearly two hundred residences and the Community Center.
Although most of the system is currently closed, there is an opportunity for the city to
develop the geothermal resources for recreational use. Hot mineral waters for public
enjoyment may be part of an overall tourism concept involving the lake recreation area and
the revitalized historic downtown.
PLANNING • UpBAN DESIGN - ENVIRONMENTAL EVALUATION . MAPKET&FINANCIAL ANALYSIS - ENTITLEMENT
18012 SKY PARK CIR IRViNE,CA 92714 . T14/W-6820 FAX:714'261-2128 • IRVINE v SAN DIEGO - SAN FRANCISCO
#�Z6£�gLQ +B'1Z�8 41L 3t;Ol 06-6l-11; QZOL JOIIJO:910i XDJSX;A9 iN3S
AGENDA ITEM No. 3
PAGE � or.aT
SENT BY:Xerox Telecapier 7o2o :11-19-80 ; 10:12 7142512128-+ 8742392;# 3
At the last City Council hearing, Gay Washburn requested a new policy stating the city's
&sire to acquire the. lake. Draft langcage is prodded below.
M BE INMR N ?A} AT 4z OB,TE S r N
N 4 N F-LE_
Policy 1.23 ne city shall pursue the acg4ition of Lake Elsinore from the State
Department of Parks and Recreation.
AGENDA ITEM too. 3- 1
PAGE-3 pF,25--
RESOLUTION NO. 40- 114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE
REVISED GENERAL PLAN FOR THE CITY OF LAZE
ELSINORE.
WHEREAS, the City of Lake Elsinore desires to create a
current, well integrated and consistent General Plan for the City;
and
WHEREAS, the Planning Commission has prepared a new Draft
General Plan consisting of all mandatory elements required by the
State including Land Use, Housing, Circulation, open
Space/Conservation, Public Safety, Noise, and optional Parks and
Recreation and Community Design Elements; and
WHEREAS, these elements have been prepared in accordance with
the State of California General Plan Guidelines and Planning and
Development Law; and
WHEREAS, the Planning Commission has completed a series of
duly noticed and advertised Public Hearings of the Draft General
Plan; and
WHEREAS, the Planning i�ommission has reviewed and considered
information provided at the Public Hearing on the Draft General
Plan; and
WHEREAS, the Planning Commission did present to the City
Council their recommendation for adoption of a Draft General Plan
for the City of Lake Elsinore; and
WHEREAS, pursuant to Government Code Section 65300 et seq. ,
the City Council gave required notice and did hold Public Hearings
on September 12th, September 19th, September 27th, October 3rd,
October 9th, and October 24th, 1990; and
WHEREAS, the Draft General Plan is necessary for the sound
future of community development, the preservation of community and
City-wide values and the promotion of general health, safety,
convenience and the welfare of the citizens of the City of Lake
Elsinore; and
AGENDA ITEM NO., :Vol
PAGE r,OF
Page 2
Resolution No. 90-
WHEREAS, the Draft General plan was reviewed and modified by
the City Council; and
WHEREAS, the City Council directed staff to make changes to
the Draft General Plan; and
WHEREAS, the City Council considered the changes made by staff
to the Draft General plan on November 13, 1990; and
WHEREAS, the Environmental Impact Report for the Draft General
Plan will be certified under Resolution No. 90-
NOW, THEREFORE, BE IT RESOLVED that the Draft General Plan
dated November, 1990 including the Land Use Map dated November 13,
1990 is hereby adopted and formally rescinds the General Plan and
all amendments heretofore in place.
PASSED, APPROVED AND ADOPTED this 13th day of November, 1990,
upon the following roll call vote:
AYES: COUIJCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: 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 R. Harper, City Attorney
City of Lake Elsinore
AGENDA ITEM N 3'-p--
PAGE OF
RESOLUTION NO. 90- 115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORN'IA, CERTIFYING THE
FINAL EN7VIRONNiENTAL IMPACT REPORT (SCH
88020114) FOR THE GENERAL PLAN, INCLUDING
OVERRIDING
FINDINGS ID AND
D
COTS S RELATING STATEMENT TO THE OF
L��
_
GENERAL PLAN
A. 'R'1EREAS, the city has initiated an application for the adoption of a
General Plan; and
B. WHEREAS,pursuant to the provisions of Government Code Section 65450,
et seq., Government Code Sections 65353, et seq., and applicable provisions of the City's
Zoning Ordinance No. public bearings were held before the Lake Elsinore City
Council on the proposed General Plan and Environmental impact Report; and
C. WHEREAS, Environmental Impact Report (SCH 8802014) has been
prepared to address the environmental impacts, mitigation measures and project
alternatives associated with the proposed General Plan; and
D. WHEREAS, the General Plan EIR was prepared pursuant to the
requirements of the California Environmental Quality Act ("CEQA"), the State CEQA
Guidelines ("Guidelines") and the Ci'tys policies for the implementation of CEQA; and
E, WHEREAS, the a-ry Council has reviewed all environmental
documentation comprising the General Plan EIR and the EIR is sufficiently detailed so
that all the significant effects of the , on the environment and measures necessary
to mitigate such effects have been evaluated in accordance with the City's policies for
the implementation of CEQA; and
F. WHEREAS, the matter was fully discussed with testimony and
documentation presented by the public and any concerned governmental agencies.
1
AGENDA ITEM NO.
PAGE..—._0 _
NOW, THEREFORE, BE IT RESOLVED that the City Council finds and
determines with respect to the proposed General PIan EIR as follows:
A_ The City Council hereby certifies that the information contained in the
Environmental Impact Report (Sch 88020114) has been reviewed and considered by the
members of the City Council with respect to the project,
B. The City Council certifies that the information contained in the EIR has
been prepared and completed in compliance with CEQA and State and Iocal guidelines
and rules adopted pursuant thereto.
C The City Council hereby finds with respect to the EIR and the adverse
environmental impact detailed in the EIR:
L That the adverse environmental impacts with respect to the proposed
project, including those raised in comments on the draft EIR, have been considered and
recognized by the City Council;
2. That based on information set forth in the environmental impact
report, the significant environmental impact and mitigation measures are summarized in
Exhibit "A" attached hereto and incorporated herein by this reference, and the City
Council finds and determines that measures have been incorporated into the project
which mitigate or avoid the adverse impacts identified in the environmental impact
report and in Exhibit "A", which is attached hereto and incorporated herein by this
reference;
3. That based on information set forth in the environmental impact
report and in Exhibit W hereto, there are significant unavoidable environmental effect
which cannot be entirely mitigated or avoided if the project is implemented. Those
unavoidable significant environmental impacts of the project that have not been reduced
to a level of insignificance have been reduced to the extent feasible in the project, and
the remaining unavoidable significant impacts are clearly outweighed by the economic,
2
31
M rso.
AND A 1TE
of:. - PAGE
social and other benefits of the project. Said unavoidable impact, findings of significant
environmental effects under Section 13091 of C'EQA Implementing Guidelines and
overriding benefits of the project are set forth in Exhibit 'B" which is attached hereto
and incorporated herein by this reference;
4. That no additional foreseeable adverse impact will have a significant
effect or result in a substantial or potentially substantial adverse change in the
environment as a result of the proposed project; .
S. The General Plan :Environmental Impact Report has described all
reasonable alternatives to the project that could feasibly obtain the basic objectives to
the project (including the "no project alternative"), even when these alternatives might
impede the attainment of the project objectives and might be more costly.
6- The specific alternative of "no project" has been evaluated in terms
of its potential for impact mitigation and should be rejected in favor of the benefits
which will be derived from the project.
7. All reasonable alternatives to the project, or to the location of the
project, which could feasibly achieve the basic objective of the project, have been
considered and rejected in favor of the: proposed project.
8. Cumulative impact of the project in relationship to other projects in
the area have been considered and except with respect to those impacts identified in
Exhibit "B" hereto, mitigation measures, are incorporated into the project to reduce such
impacts to acceptable levels.
D- The City Council further finds and determines that all significant
environmental effects identified in the General Plan Environmental Impact Report have
been reduced to an acceptable level na that:
1. All significant environmental effects that can feasibly be avoided
have been eliminated or substantially lessened as determined through findings set forth
3
AGENDA ITEM NO- - 3
• Al
PAGE-3-DE
in this resolution and Exlu'bit "A" hereto and other documents in the record, specific
economic, social, and other considerations make infeasible other project alternatives
identified in said Environmental Impact Report; and
2. Based upon the Environmental Impact Report, Exhibit "A" and other
documents in the record, all remaining foreseeable unavoidable significant effects of the
project are overridden by the benefits of the project as described in Exhibit "B" and the
City Council hereby adopts said Exhibit "B" as a statement of overriding considerations
for the proposed project
BE IT FURTHER RESOLVED that the City Council of the City of Lake
Elsinore certifies the Final EIR for the Lake Elsinore General Plan (SCH 88020000114),
makes its above-described findings of significant environmental effects and adopts the
described statement of overriding considerations, as set forth in Exhibit "B", based upon
the herein findings and conclusions, and based upon and subject to the conditions
recorzunended by the Planning Commission, and as may have been revised by the city
Council, approves the Lake Elsinore General Plan upon adoption of the appropriate
ordinance therefor and reasons as set forth herein, based on the findings, authorizes
implementation of the mitigation measures and monitoring thereof, and directs the filing
of a Notice of Determination.
APPROVED AND ADOPTED-this day of , 1989.
MAYOR
ATTEST: APPROVED AS TO FORM
CITY CLERK CITY ATTORNEY
4
AGENDA ITEM NO.
PAGE OF-Z ..
I EXHIBIT A
2 STATEMENT OF FINDINGS
3 FOR THE LAKE ELSINORE GENERAL PLAN EIR (SCH #88020114)
4 October _,,, 1990
5 - _ SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED
6 PROJECT, FINDINGS WTI7-I RESPECT TO SAID EFFECTS, AND
7 STATEMENT OF FACTS 11N SUPPORT THEREOF, ALL WITH
$ RESPECT TO THE PROPOSED ADOPTION OF THE GENERAL
9 PLAN FOR THE CTTY OF LAKE ELSINORE.
10 �i .A. K R
11 The California Environmental Quality Act (CEQA) and the CEQA EIR
12 Guidelines (Guidelines) promulgated pursuant thereto provide:
13 `No public agency shall approve or carry out a project for which an environmental
14 impact report has been completed and which identified one or more significant
15 effects of the project unless the public agency makes one or more written findings
16 for each of these significant effects, accompanied by a brief explanation of the
17 rationale for each findings." (Section 15091)
18 The City of Lake Elsinore approved the proposed General Plan at its hearing on
i9 , 1990, which hearing was scheduled and noticed as required by law. The
20 City Council: 1) certified that the Final EIR was completed in compliance with the
21 California Environmental Quality Act and the City's environmental procedures; and 2)
22 acknowledged that the information in the Final EIR was presented to, reviewed and
23 considered by the City Council prior to approving the project. Because the proposed
24 actions constitute a project under CEQA and the Guidelines, the City of Lake Elsinore
25 has prepared an Environmental impact Report (SCH #88020114). The environmental
26 impact report (EIR) identified certain significant effects which may occur as a result of
27 this project. Further, this City Council has determined that the EIR is complete and
AGENDA ITE?A No..
PAGE—L--
28 adequate and has been prepared in accordance with CEQA, CEQA Guidelines and the
29 City's environmental procedures. Therefore, the following findings are set forth herein
30 pursuant to Section 15091 of the CEQA Guidelines. As stated in the CEQA Guidelines,
31. the possible findings are:
32 (1) Changes or alterations have been required in, or incorporated into,
33 the project which avoid or substantially lessen the significant
34 environmental effect as identified in the final EIR.
35 (2) Such changes or alterations are within the responsibility and
36 jurisdiction of another public agency and not the agency making the
finding. Such changes have been adopted by such other agency or
38 can and should be adopted by such other agency.
39 (3) Specific economic, social, or other considerations make infeasible the
40 mitigation measures or project alternatives identified in the Final
41 EIR.
42 LANDS
41 A_ Significant Effect - Development of the General Plan may result in direct land use
44 conflicts between differing land uses prior to mitigation.
45 FINDING 1 - Changes or alterations have been required in, or incorporated into,
46 the project which avoid or substantially lessen the significant environmental effect as
47 identified in the Final EIR.
48 Facts in Support of Tinding - All future development projects shall be subject to
49 site plan review and appropriate land uses, and requirements for buffering of differing
50 Iand uses wU be established at that time. Project's will also be subject to design review
and adherence to landscaping guidelines.
2 AGENDA ITc:t NO. 3 4
PAGE 4r
52 All significant environmental effects have been eliminated or substantially lessened
53 by virtue of mitigation measures identified in the Final EIR and incorporated into the
54 project or future project approvals as set forth above.
56 A Significant Eff - BuDdout of the General Plan will result in significant
57 alteration of general topography in some portions of the city through grading for roads,
58 development and drainage facilities. Development in some hillside areas may subject
59 structures and persons to landslide and slope stability hazards.
60 FINDING 1 - Changes or alterations have been required in, or incorporated into,
61 the project which avoid or substantially lessen the significant environmental effect as
62 identified in the Final EIR.
63 Facts in u o f - Geotechnical reports shall be required for all
64 developments in areas with probable slope stability problems. Grading plans shall be
65 reviewed and grading operations inspected to detect potential problems. The city shall
66 also develop a hfilside development ordinance. Soil reports and grading plans shall be
67 provided to assure slope stability. All street uses must comply with the Uniform
68 Building Code.
69 All significant environmental effects have been eliminated or substantially lessened.
70 by virtue of mitigation measures identified in the Final EIR and incorporated into the
71 project or future project approvals as set forth above.
72 B. 5izalficant Effect - Buildout of the General Plan may result in the loss of
73 valuable mineral resources, including those included in Mineral Resource Areas.
74 FINDING I - Changes or alterations have been required in, or incorporated into,
75 the project which avoid or substantially lessen the significant environmental effect as
76 identified in the Final M.
ACE DA f i ci,S r4o.
3
PAGE OF_.
77 Facts in SuRPO-1 of -Endings
- Prior to approval of developments that may
78 eliminate the extraction of regionally significant mineral resources, the city shall evaluate
the value and quantity of the mineral resource. Proposed mining operations shall be
80 subject to the environmental review process and the city shall adopt mitigation measures
81 for adjacent developments to assure mining operations may continue.
82 All significant environmental effects have been eliminated or substantially lessened
83 by virtue of mitigation measures identified in the Final EIR and incorporated into the
84 project or future project approvals as set forth above.
85 BYDROLOGY
86 A i nificant Effe Downstream areas may be exposed to increased flooding,
87 erosion and sedimentation due to future development. Increases in impervious surfaces
88 w7�1 reduce the Iand areas available for absorption and result in increased storm runoff.
89 FINDING 1 - Changes or alterations have been required in, or incorporated into,
90 the project which avoid or substantially lessen the significant environmental effect as
91 identified in the Final EM
92 Facts in Support of Fin - All structures proposed within 100-year flood zones
93 will be elevated above flood levels. Project applicants will be required to conform with
94 standards of the Riverside County Flood Control District. Erosion control measures and
95 street sweeping will be required. The city shall also implement the Lake Management
96 Project..
97 All significant environmental effects have been eliminated or substantially lessened
?8 by virtue of mitigation measures identified in the Final EIR and incorporated into the
?9 project or future project approvals as set forth above.
4
AGENDA ITEtd
100 BIOLOGY
101 A SS f= - As a result of buildout of the General Plan, sensitive plant
102 species and wildlife habitat may be removed and wildlife displaced or terminated by
103 development activities.
V ' FINDING 1 - Changes or alterations have been required in, or incorporated
.05 within the project, which avoid or substantially lessen the significant environmental effect
.06 as identified in the Final EIR.
07 Factsin Support of Findings - All proposed development in riparian areas shall
08 be subject to U. S. Corps of Engineers and California Department of Fish and Game
09 regulations. Development in all areas of high and potentially high resource_ sensitivity
10 shall be subject to additional site specific biological analysis and mitigation through the
11 environmental review process. Permanent open space areas shall be designated in
12 specific plan areas for the protection of significant biological resources.
13 FINDING 3 - Specific economic, social, or other considerations make infeasible
14 the mitigation measures or project alternatives identified in the final EIR.
15 Facts in Suppprj of Findings - While extensive feasible mitigation measures for
16 preservation of biological resources are recommended in the EIR, these mitigations will
17 result in only partially mitigating the impacts of urban development. Some natural
18 resources areas will be developed for other uses, and some species will be displaced by
19 future development. All project alternatives, other than the no project alternative, would
20 also result in some impacts on natural resources following mitigation.
21 The remaining, unavoidable significant effect is acceptable when balanced against
22 facts set forth above and in the Statement of Overriding Considerations made below,
23 giving greater weight to the remaining, unavoidable significant effect.
PACE OF
124 R
125 A- Simi Icant E - Buildout of the General Plan will result in significant impacts
t26_ upon the circulation system prior to mitigation. Development of proposed land uses
127 within the city will result in the need for improvement and expansion of the circulation
'28 networiL
22 FINDING I - Changes or alterations have been required in, or incorporated into,
30 the project which avoid or substantially lessen the significant environmental effect as '
31 identified in the Final EM
32 Facts in_ Support of Findin c - A comprehensive traffic analysis has resulted in
33 preparation of a Circulation PIan, which will accommodate the projected traffic demands
34 upon the circulation system. A new interchange at I-15 and Olive Street is proposed,
35 as well as freeway overcrossings, financing mechanisms, bike and pedestrian pathways,
36 and development of transportation demand management programs.
37 All significant environmental effects have been eliminated or substantially lessened
38 by virtue of mitigation measures identified in the Final EIR and incorporated into the
34 project or future project approvals as set forth above.
10 A R QUALITY
11 A. significant Effect - Demolition, grading and construction for buildout of the
12 General Plan will result in short-term dust emissions for adjacent uses.
;3 FINDING 1 - Changes or alterations have been required in, or incorporated into,
;4 the project which avoid or substantially lessen the significant environmental effect as
15 identified in the Final EIR.
16 Factsm f Findings - Mitigation measures are required which result in
17 reducing dust emissions. These measures include periodically sprinkling the site with
PAGE OF��
48 water, paving parldng areas as soon as possible, and avoiding grading during Santa Ana
49 wind conditions.
50 All significant environmental effects have been eliminated or substantially lessened
51 by virtue of mitigation measures identified in the Final EIR and incorporated into the
52 project or future project approvals as set forth above.
53 B. ,Significant_Effca - The total emissions generated by General Plan buildout are
54. considered significant for the subregional prior to mitigation and are only partially
55 mitigated. Daily standards for ozone and particulates are exceeded in the basin with or '
56 without the project. These impacts are only partially mitigated by the recommended
57 mitigation measures.
S8 FINDING 1 - Changes or alterations have been required in, or incorporated into,
59 the project which avoid or substantially lessen the significant environmental effect as
60 identified in the Final EIR.
61 lEacts in f Findings - Project development shall comply with all
62 applicable rules and regulations adopted by the South Coast Air Quality Management
63 District. The city shall also incorporate the goals and objectives of the 1989 Air Quality
64 Management Plan in its General Plana In addition, traffic improvements are required
65 for the project, which will improve traffic flow and reduce localized carbon monoxide
66 emission levels. Transportation Management programs are also required.
67 FINDING 2 - Such changes or alterations are within the responsibility and
68 jurisdiction of another public agency and not the agency making the finding. Such
69 changes have been adopted by such other agency or can and should be adopted by such
70 other agency.
71 Facts in ippo f n - The South Coast Air Quality Management District
51 72 and the California Air Resources Board has jurisdiction over air quality regulation within
73 the basin and over vehicular emissions, respectively. Both agencies are continuing to
74 implement the local air quality management plan and adopt regulations. The SCAQMD
PAGE
75 and CARB should ensure that all applicable regulations pertaining to the project area
T6 are enforced.
77_ FINDING 3 - Specific economic, social, or other considerations make infeasible
78 the mitigation measures or project alternatives identified in the Final EIR.
79 Lim in Support of Findings - Regional ambient air quality conditions, combined
M with regional cumulative traffic contributes to the exceedance of daily state and federal
11 standards for several air pollutants. All feasible mitigation measures to reduce air
32 quality emissions for the project have been applied and state and federal standards will
33 be exceeded with or without the proposed project. All project alternatives, including the
3 "no project" alternative, would also result in some emission standards being exceeded
35 on a daily basis within the basin.
36 The remaining, unavoidable significant effect is acceptable when balanced against
37 facts set forth above and in the Statement of Overriding Considerations made below.
88 ACOUSTICS
39 A. Si nificant,.Effect - Project construction activity will result in short-term acoustical
impacts and vehicular traffic will result in long-term acoustical impacts on adjacent areas.
9I FINDING I - Changes or alterations have been required in, or incorporated into,
92 the project which avoid or substantially lessen the significant environmental effect as
93 identified in the Final EIR.
94 Facts.,in Support of Finding - Construction activities must comply with specified
95 hours of operation to minimize noise impacts. Truck routes for hauling operations will
96 be reviewed to minimize noise impacts on residential areas. Additional acoustical
97 analysis shall be required when tentative maps are submitted and future construction
91 must meet all city and state noise standards.
.CZ-:-DA IIE_.; S<.?.-3
99 All significant environmental effects that can feasibly be avoided have been
00 eliminated or substantially lessened by virtue of mitigation measures identified in the
,01 Final EIR and incorporated into the project or future project approvals as set forth
QZ above.
.03 SOCIOEQQN
.04 Increases in population, housing and employment will not result in direct adverse impacts
.05 and growth, by itself should not be considered an adverse environmental impact. All
!06 associated impacts related to population, housing and employment growth are addressed '
!07 in other sections of the EIR and these findings.
Z08 AESTNETICS
!09 A_ Significant Eff - Buildout of the General Plan and hillside development, in
'_10 particular, may alter the visual character of the area, diminish the existing open space
'_11 character of the city, and may result in major intensification of land uses throughout the
'.12 Lake Elsinore area.
'_I3 FINDING 1 - Changes or alterations have been required in, or incorporated into,
!14 the project which avoid or substantially lessen the significant environmental effect as
'.15 identified in the Final EIR.
'.16 lam in Sup sort of FAndirig - The city shall implement the goals and policies of
''17 the Community Design Element, the Open Space/Conservation Element and the Parks
'_18 and Recreation Element of the General Plan; each of which assures the aesthetic
'.19 impacts of development are mitigated. The city will also adopt a hillside development
20 ordinance and require a visual impact analysis for projects in sensitive locations. City
21 review of important vistas and viewpoints will also assure that natural aesthetics are
72 integrated into the design of future projects.
2.3 FINDING 3 - Specific economic, social, or other considerations make infeasible
24 the mitigation measures or project alternatives identified in the final EIR.
9 AGENDA ITEM NOA�l
PAGE_ r`.. =_�
225 FaMin�Surn) "'ndfn95 - Wye extensive project review and control of
Z7,r hillside development will minim'ze the aesthetic impacts of development, the impact on
227 the natural topography and viewshed of future development is only partially mitigated.
228 All project alternatives, other than the no project alternative would result in similar
229 impacts as the project on aesthetics. The city's objectives for economic growth, housing
130 and circulation must be balanced against the impacts of aesthetics.
31 The remaining, unavoidable significant effect is acceptable when balanced against
32 _ facts set forth above and in the Statement of Overriding Considerations made below,
33 giving greater weight to the remaining, unavoidable significant effect.
'- -PLMLTC SERV=
35 A Significant Eff - The project will result in increased demand for all urban
36 services, including police, schools, parks, fire, water, wastewater, electrical, gas, solid
37 waste and telephone. Prior to mitigation, the demands for sewer, water, solid waste,
38 schools, parks and police and fire services are regarded as significant.
39 FINDING 1 - Changes or alterations have been required in, or incorporated into,
.40 the project which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
'42FaM in - The city shall require new developments adopt
'43 water conservation measures, work with the water district to assure adequate supply and
44 delivery systems and use reclaimed water for irrigation for golf courses and parks, when
45 feasible. All sewer improvements shall be designed to city, county and district standards.
46 . 'The city shall periodically evaluate the level of police services and work with the
47 Riverside County Sheriff Department on plans and funding for police services. Private
48 security shall be required for specified Comm ercial/industrial developments. The city and
4- the Riverside County Fire Department shall implement the fire Prote ,cton SIVdy Re2ort
SO pnd &ea Specirlcand-update the plan as needed.
51 Provisions for adequate fire services shall be reviewed when tract maps are submitted.
10 AGE-NDA ITDI-I i�l?..�✓ --�
PAGE ����
52
53 Future projects shall comply with all city regulations regarding solid waste and the
54 city shalt comply with AB 939. Developments shall be subject to school impact fees and
55 the city shall consider requiring dedication of land and improvements for school facilities.
56 - The city shall provide park acreage at the ratio of five acres per 1,000 population.
57 Other mitigations for Library, electrical and natural gas, and cable services are provided
58 in the Final EIR
S9 All significant environmental effects have been eliminated or substantially lessened
60 by virtue of mitigation measures identified in the Final EIR and incorporated into the
'61 project or future project approvals as set forth above.
b2 CLJLMJgAL RESOLMMS
b3 A. Significant Eff - Buildout of the General Plan will result in significant impacts
'64 on archaeological and paleontological :resources. In addition, if existing buildings are
'65 declared of county historic significance, they may be impacted by future development.
_66 FINDING I - Changes or alterations have been required in, or incorporated into,
__67 the project which avoid or substantially lessen the significant environmental effect as
168 identified in the Final EIR.
,69 Facts in Sup or, or finding - The city shall require projects in areas of potential
'.70 arahcaeological and paleontological significance submit technical studies with their
M applications, with mitigations defined in accordance with Appendix K of the CEQA
?72 Guidelines. The city shall also review the status of potential historic structures in the
Z73 environmental review process.
!74 Ali significant environmental effects have been eliminated or substantially lessened
Z75 by virtue of mitigation measures identified in the Final EIR and incorporated into the
Z76 project or future project approvals as set forth above.
77
78 The 'no project" alternative, a buildout under the 1982 General Plan a.Iternative,
79 a buildout under a Iower overall density, and a cluster/mixed use residential alternative
80 were evaluated in the EM These alternatives are considered a reasonable range of
81 alternatives, include alternatives which have lower projected environmental impacts than
32 the project, and include alternatives which address some, but not all of the project
33 objectives.
34 Recent court cases regarding the discussion of alternate site locations indicate that
3' an environmental document may or may not include an alternate site as a project
16 alternative. Wlu7e other cities of similar size may be alternatives for growth within Lake
17 2Eisinore, regional growth is occurring throughout the region. Furthermore, if alternate
18 locations were feasible, they may have similar or greater environmental impacts than
39 additional development in the city of Lake Elsinore. Consideration of an alternate
)0 location is rejected primarily because it would concentrate growth impacts in one or
a1 more other communities and not provide for residents of the city. The alternatives
�2 evaluated in the Final EIR were rejected for the following reasons.
)3 'No e " Alternative
14 The "no project" alternative fails to meet the goals of the city to continue to
15 provide housing, economic opportunity and an orderly pattern of growth within their
+6 jurisdiction. Without additional development, the objectives of either the existing or
'7 proposed General Plan could be realized. Opportunities to balance housing and
ig employment needs within the city would not occur with this alternative.
'9 uildout Under th 2 GrncraTFJan
This alternative would not comply with provisions of state law which require cities
3I to regularly update their General Plan. Increased employment opportunities, within the
�2 city, proposed by the project, would not occur in this alternative. Residents would
12
103 continue to seek employment outside the city, adding to total vehicle miles traveled, and
104 associated air quality impacts outside the city. Future projected growth within the city
105 would not be accommodated, the circulation system may be adequate for travel demands
306 and demands for public services may exceed service provisions. Although this alternative
07 reduces total trips compared to the project, it is a less economically feasible alternative
108 for the city. Tberefore, this alternative would not meet the objectives of the city.
"49 wer Overall Density
.10 This alternative proposes approximately 42 percent fewer dwelling units than that
11 proposed by the project A full range of housing types and densities would not occur
12 with this alternative. Therefore, objectives of the Housing Element may not be met and
13 housing may not be available in all pricy: ranges. Since higher densities may afford more
14 opportunities to designate areas for open space, this alternative may result in less open
15 space than the project_ Therefore, this alternative would not meet all of the objectives
16 of the city.
17 auster Mixed Resiftntial
18 This alternative shifts land from commercial/industrial uses to residential uses,
t9 resulting in an increase of approximately 14,950 dwelling units. Since higher residential
* densities are proposed, fewer detached single family units may occur. This alternative
'_I does not provide an acceptable balance between employment and housing, and does not
'_2 provide sufficient number of units in the single family detached category. Since fewer
3 nonresidential uses are proposed, city objectives for employment within the city and fiscal
'-4 revenues may not be adequate.
I EXHIBIT B
2 STATEMENT OF OVERRIDING CONSIDERATIONS
3. FOR THE LAKE ELSINORE GENERAL PLAN EIR (SCH #88020114)
4 October 1990
S BACKGROUND
6 The California Environmental Quality Act (CEQA) and the CEQA EIR
7 Guidelines promulgated pursuant thereto provide:
'(a) - CEQA requires the decision maker to balance the benefits of a proposed
9 project against its unavoidable environmental risks in determining whether to
10 approve the project. If the benefits of the proposed project outweigh the
11 unavoidable adverse environmental effects, the adverse environmental effects may
12 be considered 'acceptable:
13 (b) Where the decision of the public agency allows the occurrence of significant
14 effects which are identified in the Final EIR but are not mitigated, the agency
IS must state in writing the reasons to support its action based on the Final EIR
3` and/or other information in the record. This statement may be necessary if the
17 agency also makes the finding under Section 15091 (a)(2) or (a)(3).
18 (c) If an agency makes a statement of overriding considerations, the statement
19 should be included in the record of the project approval and should be mentioned
20 in the Notice of Determination. (Section 15093 of the Guidelines).'
21 After balancing the benefits of the proposed project against its unavoidable
22 environmental risks, the City Council specifically finds and makes this statement of
23 overriding considerations that this project has eliminated or substantially lessened all
2, significant effects on the environment where feasible, and has determined that any
25 remaining significant effects on the environment found to be unavoidable are acceptable
26 due to the overriding concerns described below:
1 A�.:.ilaiJr. I TCli. tom✓,
r7 Because the actions constitute a project under GEQA and the Guidelines, an
IS environmental impact report (EIR) has been prepared by the City of Lake Elsinore. The
19 EIR has identified certain significant effects that will result from this project that cannot
30 feasibly be completely avoided.
31 Therefore, the following overriding considerations are provided against which the
32 unavoidable adverse effects are balanced in reaching a decision on this project. The
33 remaining unavoidable adverse impacts are found acceptable given the mitigation,
34 conditions and overriding considerations contained in this Resolution.
3$ L Implementation of the General Plan will provide needs 3 commercial services
36 and employment opportunities for city residents in close proximity to their place of
37 residence. These opportunities will both lower the total vehicle miles traveled in the
38 region and lower vehicular emissions and air quality impacts.
39 2. Implementation of the General Plan will result in the loss of biological
40 resources_ However, feasible mitigations have been included in the General Plan, and
41 preservation of biological resources must be balanced against other goals for housing,
42 employment and circulation.
43 3. Cumulative traffic impacts can be reduced by the recommended mitigation
44 measures for the project. The proposed Circulation Plan is designed to accommodate
45 buildout of the General Plan. All feasible traffic mitigation measures have been recom-.
45 mended for the project..
47 4. Air quality emissions are reduced to the extent feasible by facilitating traffic
48 flow, by providing new jobs within the city and by designating commercial uses near
49 residential uses. Further reductions are dependent on the California Air Resources
50 Board (CARB) requiring vehicles with lower emissions. Although project-generated
5I emissions are partially mitigated, some state and federal daily air pollution standards (ie.,
32 ozone, particulates) are exceeded on a daily basis with or without the project.
a-
�3 5. Planning for some public services must proceed in shorter time increments than
;j- buildout of the General Plan. Therefore, master plans for these services, and particularly
;5 for fire services must be updated regularly to provide needed services.
►6 6. Some areas within the city with natural land-forms will be altered with .
7 development_ The value of aesthetic and topographical resources must be balanced
18 against other city goals for housing, economic development and circulation.
9 7. Existing noise levels within the city will increase with buildout of the General
10 PIam Some areas of existing development may be exposed to noise levels beyond city
I standards. Regional and area circulation needs must be balanced against the noise
poIicies and goals in the General Plan.
3 8. Buildout of the General PIan will expose additional persons in the city to
4 regional seismic events in Southern California. Potential safety impacts will be minimized
5 by proper construction and seismic "exposure" must be balanced against the need for
6 residential areas.
7 9. Temporary flooding may occur in some areas of the city prior to implementa-
8 lion of the Lake Management Plan. While feasible mitigation measures are proposed,
9 partial mitigation is acceptable when balanced against the needs for long range planning
0 and implementation.
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: NOVEMBER 27, 1990
SUBJECT: Collier Avenue Im rovement
Project Environmental Im act RepPrt
PRE
BY: BY:
Har y S zzer rman •Ron Mole dyk
The P anning Assoc. Comm. D v Dir. City Manager
REQUEST:
A request to certify the Collier Avenue Improvement Project
Environmental Impact Report (SCH 90020171) to allow
subsequent construction of the roadway.
BACKGROUND:
Collier Avenue is currently a two-lane undivided road with
approximately 24 to 28 feet of pavement between Riverside
Drive and Nichols Road. The Collier Avenue Improvement
Project includes a 100-foot right-of-way with four 12- to 13-
foot travel lanes, two 6--foot bike lanes, two 12-foot
landscaped parkways, and a 14-foot landscaped median along a
realigned Collier Avenue from Riverside Drive to Nichols
Road.
The Planning Commission held a public hearing on the Collier
Avenue Improvement Project Environmental Impact Report (EIR
90-3) on November 7, 1990 and adopted Resolution No. ---
recommending certification of Environmental Impact Report
90-3.
DISCUSSION:
The draft environmental impact report for the Collier Avenue
Improvement Project was circulated for public review and
comment between September 7 and October 15, 1990. Several
comments were re-aired on the draft document which have been
responded to as part of the final environmental impact report
as required by the California Environmental Quality Act.
The environmental impact report identified a number of
impacts associated with the Collier Avenue Improvement
Project as well as mitigation measures associated with each
impact. In all cases, the mitigation measures reduce the
environmental impacts of the Collier Avenue Improvement
Project to a level of insignificance. A mitigation
monitoring program for the environmental impact report has
also been prepared.
RECOMMENDATION:
It is recommended that the City Council certify the Collier
Avenue Improvement Project Environmental Impact Report (EIR
No. 90-3) . It is further recommended that the City Council
allow subsequent roadway construction no later than 30 days
after the adoption of the environmental impact report for the
new general plan.
AcEIt"50 A 1;E r'
PAGE f Gr
d r
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA#
CERTIFYING THE ENVIRONMENTAL IMPACT REPORT,
ADOPTING FINDINGS OF FACT AS TO THE ENVIRONMENTAL
IMPACTS AND ADOPTING A MITIGATION MONITORING PROGRAM
FOR THE COLLIER AVENUE IMPROVEMENT PROJECT
WHEREAS, the Planning Commission has reviewed
the EIR for the Collier Avenue Improvement Project and
has recommended that the City Council certify that the
EIR has been prepared in accordance with the
requirements of the California Environmental Quality
Act; and
WHEREAS, the City Council has reviewed the
EIR, 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 that the EIR is complete and adequate in that
it addresses all environmental effects of the Collier
Avenue Improvement Project and all discretionary
approvals required therefor.
2. The City Council hereby adopts the
Collier Avenue Mitigation Monitoring and Reporting
Program and the Findings and Facts in support of
Findings regarding the Final Environmental Impact
Report for the Collier Avenue Improvement Project,
PASSED, APPROVED AND ADOPTED this 27th day of
November , 1990, upon the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCI:LMEMBERS:
ABSENT: COUNCI.LMEMBERS:
ABSTAIN: COUNCILMEMBERS:
GARY WASHBURN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VICKI LYNNE KASAD, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM & LEGALITY:
JOHN R. HARPER, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE j
I, Vicki Lynne Kasad, City Clerk of the City of
Lake Elsinore, DO HEREBY CERTIFY that the foregoing
Resolution duly adopted by the City Council of the City
of Lake Elsinore at a regular meeting of said Council
on the 27th day of November, 1990, and that it was so
adopted by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS.-
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
VICKI LYNNE KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, Vicki Lynne Kasad, City Clerk of the City
of Lake Elsinore, DO HEREBY CERTIFY that the above and
foregoing is a full, true and correct copy of
Resolution No. _ of said Council, and that the
same has not been amended or repealed.
DATED: November 28, 1990
VICKI LYNNE KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
0.
r
Minutes of Planning Commission
November 7, 1990
Page 6
4. Collier Avenue Improvement Project Environmental Impact Report
- City of Lake Elsinore - Community Development Director
Gunderman presented a request to recommend certification of
the Collier Avenue Improvement Project Environmental impact
Report. The proposed project involves an amendment to the
Circulation Element of the General Plan to re-designate
Collier Avenue from a modified collector to a major arterial
between Riverside Drive and Nichols Road. In addition, the
project includes a request to permit the roadway's subsequent
re-alignment and construction; include the re-location and
upgrading of existing water and sewer lines.
Vice Chairman Gilenson opened the public hearing at 7:56 p.m. ,
asking for anyone wishing to speak in favor. Receiving no
response, he asked for those opposed. Receiving no response,
he asked if anyone wished to speak on the matter. Receiving
no response, the public hearing was closed at 7: 56 p.m.
Commissioner Brown commented on the current traffic problems
at these locations and the future problems with increased
traffic, and stated he hopes this runs concurrently with the
signalization of Riverside Drive/Collier Avenue and Central
Avenue/Collier Avenue:.
Commissioner Brinley stated she concurs with Commissioner
Brown, with regard to signalization.
Vice Chairman Gilenson asked if staff had any comments with
regard to signalization.
Senior Civil Engineer O'Donnell stated that these signals are
being worked on. We will start the design -of the signal at
Central and Collier in the near future.
Discussion ensued on a time line for these signals.
Ms. Kathleen Brady-Rebella, Michael Brandman Associates, En-
vironmental Consultant, stated that she agrees with Mr.
O'Donnell. The Environmental Impact Report addresses signali-
zation of these streets.
Motion by Commissioner Brinley to recommend to City Council
certification of the Collier Avenue Improvement Project En-
vironmental Impact Report, and recommend that the actual road-
way construction begin after the 30-day review period on the
updated Lake Elsinore General Plan Environmental Impact
Report, second by Commissioner Wilsey.
Approved 4-0
Resolution 90-15, entitled as follows, adopted by unanimous
vote.
RESOLUTION 90-15
A RESOLUTION 01' THE PLANNING COMMISSION OF THE
CITY OF LAKE EISINORE, CALIFORNIA, RECOMMENDING
CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT 90-3
Upon the following roll call vote:
AYES: COMMISSIONERS: Brinley, Brown, Wilsey Gilenson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Saathoff
ABSTENTION: COMMISSIONERS: None
` O f p�
Fri� �—_,�
PLANNING DIVISION
REPORT TO
PLANNING COMMISSION
Public Hearin
Collier Avenue Improvement Project
Environmental Impact Report
- November 7, 1990
Gu erman - -- --
The anning Associates Direct of Communit Ron-Krrchner--
Devela ment y Director of Public
Works
OWNER/APPLICANT
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92230
REQUEST
A request to recommend certification of the Collier Avenue Project Environmental Impact Report. Improvement
SIZE-AND LOCATION
The Collier Avenue Improvement Project is located on Collier Avenue which
is to be realigned between Riverside Drive and Nichols Road (Exhibit I)
PROJECT DESCRIPTION
The proposed project involves certification of the Collier Avenue
Improvement Environmental Impact Report to allow subsequent construction of
the roadway.
Presently, Collier Avenue is a two-lane, undivided roadway with
approximately 24 to 28 feet of pavement between Riverside Drive and Nichols
Road. The current alignment has a length of approximately 6,500 feet.
East of Collier Avenue 's intersection with Riverside Drive, it is a two-
lane, undivided roadway. To the west, the existing alignment of
Avenue terminates at Nichols Road. Collier
The existing alignment of Collier Avenue between Nichols Road and Riverside
Drive has an undulating topography. Most of the current roadway is in
substandard condition with broken pavement, minimal line of sight, and
inadequate drainage facilities. Portions of the current alignment are
within a flood plain and are subject to flooding.
The proposed roadway will consist of a 100-foot right-of-way with four 12-
to 13-foot travel lanes, two 6-foot bike lanes, two 12-foot landscaped
parkways, and a 14-foot landscaped median. The project will also include
the relocation and upgrading of existing water and sewer lines.
The proposed realignment and upgrade of Collier Avenue will require the
widening of the road 's existing right-of-way from 60 feet to 100 feet. The
proposed alignment will have a length of approximately 6,000 feet. It will
extend in an easterly to westerly direction from the existing intersection
Of Collier Avenue and Riverside Drive to the existing intersection of
Collier Avenue and Nichols Road. To the east, at its intersection with
Riverside Drive, the proposed alignment of Collier Avenue will transition
into the existing two-lane undivided alignment of Collier avenue. To the
west, the proposed alignment of Collier Avenue will terminate at Nichols
Road. The proposed project includes the reconfiguration of the existing
Nichols Road/Collier Avenue intersection to reduce the degree of skew at
the intersection.
1
Public Hearing
Collier Avenue Improvement Project
Environmental Impact Report
November 7, 1990
Page 2
A total area of 16 acres, including area for slopes and drainage easements,
will be needed for reconstruction of Collier Avenue. The roadway will
require overexcavation, drying out, recompaction of existing moist soils in
the project area, and approximately 160,000 cubic yards of fill material to
raise portions of the roadway a minimum of 1 foot above the 100-year flood
mark.
The City of lake Elsinore's existing General Plan designates Collier Avenue
as a modified collector. However, the City is currently updating their
General Plan. The proposed draft. General Plan designates Collier Avenue as
a major arterial. The proposed improvements to Collier Avenue are
consistent with the proposed draft General Plan.
A separate negative Declaration was prepared pursuant to the California
Environmental Quality Act (CEQA) by the City of Lake Elsinore for the
rerouting and upgrading of the water and sewer lines to be constructed
within the proposed alignment of Collier Avenue. The Negative Declaration
was posted for a 30-day public review period on May 1, 1990. No comments
were received during the review period. The Negative Declaration became
final on June 1, 1990. California Department of Fish and Game and U.S.
Fish and Wildlife subsequently requested that the mitigation program for
the water and sewer lines be incorporated into the EIR on Collier Avenue,
since the wetland mitigation for the utilities will be implemented in
conjunction with the wetland mitigation for the roadway.
RECOMMENDATION
It is recommended that the Planning Commission recommend to the City
Council Certification of the Collier Avenue Improvement Project
Environmental Impact Report. It is further recommended that the Planning
Commission recommend to the City Council that actual roadway construction
begin after the 30--day review period on the updated Lake Elsinore General
Plan Environmental Impact Report.
AGIF;N'D�Al, t E r r,: c�O
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INGS AND S OR F
ADOPTED BY.�'HE PLA TING COMNIIsq T OF TH .
CITY OF LAKE ELS ,iogF,
REGARDING THE EMR0N 11;NJ-A1 IMPAO: REPORT
FOR THE COLLIER A NUE ROYEMENT pgojEcT
FINAL EIR SCH #M20171
ASADOP D p
ON NOVEMBFR 7 ggft
S ADOP BY THE CITY COL TCII
N
1.0 POTENTIAL E.NVIRONMENTTAL EFFECTS WHICH ARE NOT SIGNIFICANT OR
WHICH CAN BE MITIGATED TO A LEVEL OF INSIGNIFICANT.
1.1 Land Use and Relevant PIanning
1.2 Earth Resources
1.3 Hydrology
1.4 Biological Resources
1.5 Cultural Resources
1.6 Aesthetics
1.7 Traffic and Circulation
1.8 Noise
1.9 Air Quality
1.10 Public Safety
1.11 Growth Inducing Impacts
1.12 Cumulative Impacts
2.0 FINDINGS REGARDING ALTERNATIVES
2.1 No-Development alternative
2.2 No-Project Alternative
2.3 Modified Northeasterly Alignment
2.4 Improvements of Baker Street
3.0 FINDINGS REGARDING MITIGATION MONITORING PROGRAM
3.1 Requirement of Mitigation Monitoring Program
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FINDINGS AND FACTS IN SUP OR
CADOO
. co
CITX OF LAKE ELS N ME
REGARDING THE MAL
ENV ONI\�IE AL IMPACT REPORT
FQR THE R MP O
The State Guidelines ("Guidelines") promulgated pursuant to the California Environmental
Quality Act ("CEQA") provide as follows (Guidelines Section 15091):
(a) No public agency shall approve or carry out a project for which an EIR has been
completed which identifies one or more significant environmental effects of the
project unless the public agency makes on or more written findings for each of
those significant effects, accompanied by a brief explanation of the rationale for
each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect
as identified in the final EIR.
('Phis finding shall be referred to as "finding (1).')
(2) Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by
such other agency.
(This finding shall be referred to as "finding (2).")
(3) Specific economic, social, or other considerations make infeasible the
mitigation measures or project alternatives identified in the final EIR.
(This finding shall be referred to as "finding (3).")
The environmental impact report ("EIR") for the Collier Avenue Improvement Project proposed
by the City of Lake Elsinore identifies significant effects on the environment which may occur as
JB 1/10830001.TC 1
AOEENVDs_L' , ' 3
a result of the Project Section 1 of these findings and facts in support of findings sets forth
potential environmental effects of the Project which are not significant because of the design of
the project or which ran feasibly be mitigated to a level of insignificance- -Sectionprovides
findings regarding alternatives discussed in the EIR, 5ection contains findings regarding the
Mitigation Monitoring Program for the project.
The findings set forth in each section are supported by facts established in the administrative
record of the Project.
1.0 POTENTIAL ENTVIRON?�fENTAL EFFECTS wifiCH ARE NOT SIGNMC O
NN111CH CAN BE MITIG T D L F N I NIF CA
NCE
The City has determined the following effects will not be significant, for the reasons stated below.
1.1 LAND USE AND RELEVANT PLANING
1.11 -Potential Effect: Implementation of the project would widen the existing right-of-way from
60 feet to 100 feet. Implementation of the project would not significantly affect any
existing or surrounding land uses. The project is either consistent with, or will amend, the
relevant plans that regulate its implementation.
indin ,: The City hereby makes finding (1).
Facts in Support of Findings- The following measures will mitigate the identified impact
to a level of insignificance.
a. During final design, the City shall coordinate with the appropriate agencies
on the relocation of any utility poles with the project area.
b. Prior to approval of final design, the City shall coordinate with adjacent
property owners on the acquisition of easements and right-of-way.
C. Construction drawings for the project shall reflect driveway access for all
existing land uses along Collier Avenue.
JB 1I10830001.TC 2
AGENDA ITEM NO 33_
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d. The existing structure with the proposed right-of-way shall be removed prior
to grading operations. An agreement between the City and the owner shall
be made regarding the removal, prior to the issuance of grading permits.
e. Prior to issuance of grading permits, the City shall comply with the
regulations of ACOE and CDFG concerning the removal of any wetland
areas.
f. Prior to issuance of grading permits, the City shall coordinate with FEMA
on the amendment of the 100-year floodplain map with the project area.
1.2 EARTH RESOURCES
1.21 otentia ' Development of the Project will require grading and fill activities, and
will disturb local soils. The majority of the proposed alignment of Collier Avenue rests
in an area of very slight to a moderate potential for liquefaction. There will be a greater
potential for underlying soils to be exposed to wind and water erosion; however, erosion
will occur only during project construction.
Findings The City hereby makes finding (1).
Facts in Su o • The following measures will mitigate the identified impact
to a level of insignificance.
a. Fill slopes shall be designed at a maximum of 2:1 up to 25 feet in height.
Fill slopes shall be compacted to minimum standards to the outer slope face.
Over filling, compacting, and trimming to grade shall be employed for slope
construction.
b. All grading shall be performed in accordance with the general earthwork
and grading specifications provided in the geotechnical investigation prepared
by Leighton and Associates, April 9, 1990.
C. During grading operations the proposed alignment area shall be cleared of
all vegetation,trees and debris. Superficial trash and debris shall be hauled
offsite. This shall include an area extending 5 feet beyond site grading
d. Except for the ramp at the west end ascending to Nichols Road and saturated
areas of marsh land, all artificial fill shall be removed to the original ground
surface. The exposed surface shall then be scarified,picked clean of organic
matter, moisture conditioned to a minimum depth of 12 inches, and
recompacted to at least 90 percent relative compaction_ Such criteria shall
be reflected on: grading plans.
3B1/10830001.TC 3
pOEtZA IT Efi 10•—�="�r—
Or
e. Roadway base within wet marsh areas or other areas within standing water
shall be treated, and recommended treatment of base for wet marsh areas
shall be presented in accordance with the geotechnical investigation prepared
by Leighton and Associates, April 9, 1990.
£ All fill shall be placed in 6-8 inch loose lifts and compacted to at least 90
percent relative compaction. Fill soils shall be evaluated and determined
suitable from a soil engineering standpoint prior to importing and placement
as compacted fill.
g. Prior to placing fill on the existing slope of the road embankment ascending
to Nichols Road, suitable benches should be cut into the slope faces as the
improvement road fill is brought up to grade. Such criteria shall be reflected
on grading plans.
h. Prior to issuance of grading permits, a drainage plan shall be approved by
the City. Positive drainage shall be directed and maintained away from the
road surface and slopes, toward approved drainage devices. Sheet flow over
slopes shall not be allowed. Graded slopes shall be planted with approved
cover and maintained to minimize erosion and surficial stability problems.
i. Pavement sections shall be based in accordance with City Standards. Final
design plans shall reflect such criteria
j. Trenches greater than 5 feet in depth shall be shoved or sloped at 3/4:1 in
accordance with California OSHA requirements.
k. All trench backfill shall be compacted to at least 90 percent relative
compaction. Such criteria shall be reflected on grading plans.
1. Prior to issuance of grading permits, an erosion control plan shall be
approved by the City. The erosion control plan shall incorporate provisions
for hydroseeding of cut slopes.
In. A geologist/soil engineer shall observe and/or test the following stages of
construction.
1. During site clearance and preparation of all graded areas.
2. During the drainage of marsh, wetland areas, and other areas with
standing water, or otherwise during placement of gravel base on marsh,
wetland areas, and other areas with standing water.
3. During all fill placement
4. During all trench backfill and subgrade compaction prior to paving.
5. When any unusual conditions are encountered.
]B 1/10830001.TC 4
AGENDA ITEM
r
13 HYDROLOGY
1.3.1 Potential E Development of the project would direct drainage flows into Temescal
Wash. Implementation of grading plans will alter FEMA maps for the 100 year flood plain.
Findings: The City hereby makes finding (1).
Facts in Support of Findings: The following measure will mitigate the identified impact to '
a level of insignificance.
a. Prior to issuance of grading permits, grading plans shall be prepared that
indicate that finished roadway elevations are raise at least 1 foot above the
flood level elevation established by FEMA
b. Prior to the issuance of a grading permit, a hydrological analysis of the
planned grading and its effects on the 100-year floodplain boundaries
designated by FEMA shall be reviewed by FEMA and the City of Lake
Elsinore. An amendment to the FEMA floodplain map for the project area
shall be initiated by the City if needed.
C. Prior to issuance of grading permits an onsite stormwater collection system
shall be designed in accordance with the standards and requirements
established by the City of Lake Elsinore and the Riverside County hydrology
manual. The system shall be adequately sized to control both the stormwater
generated onsite plus the 100-year storm flows from the properties and storm
drainage systems north of Collier Avenue.
d. To prevent erosion by peak flows in Temescal Wash, all exposed fill slope
should be stabilized by landscaping and, if necessary,by riprap or other types
of protection. The drainage system outlets to Temescal Wash shall provide
energy dissipation to minimize erosion of the fill slope.
1.4 BIOLOGICAL RESOURCES
1.4.1 Potential Effect: Implementation of the project results in the conversion of approximately
16 acres of natural communities and would result in the loss of most of the site's fauna.
The project would result in the loss of 8.9 acres of wetland area. However, mitigation is
being provided to reduce this impact to a level that is less than significant. Additionally,
development of the site could have direct and indirect impacts to plant and animal
communities.
JBl/10830001.TC S
AUEt1LA I T E 1'40-
-FJAG� C;r
Tindings- The City hereby makes finding (1).
acts in support d' - The following measures will mitigate the identified impact
to a level of insignificance.
a. The removal, relocation, and creation of any and all wetland areas off the
site shall be in accordance with the regulations of the ACOE, USFWS, and
CDFG, as appropriate. Such compliance is required prior to issuance of
grading permits.
b. The removal of 8.9 acres of wetlands that fall within the jurisdiction of the
ACOE and CDFG will require mitigation in the form of replacement of lost
wetland habitat with habitat of equal or greater value. In anticipation of
requests for mitigation, the project sponsor is presently developing a
mitigation plan, in consultation with the ACOE and CDFG, that will create
wetland habitat offsite.
This mitigation plan will be submitted to the CDFG and ACOE for approval,
concurrent with the applications for Section 1601 and Section 404 permits.
This plan shall include a detailed mitigation monitoring plan designed to
ensure the success of the creation/relocation measure. This plan, upon
approval, shall mitigate impacts on wetlands to a Ievel below significant.
C. Prior to the onset of grading activities, all areas of southern willow scrub
and cismontane alkali marsh occurring adjacent to the site shaII be protected
with temporary fencing, such as plastic snow fencing. Plastic snow fencing,
available in bright orange, is recommended for its high visibility and ease of
installation. To prevent impacts resulting from sedimentation in the onsite
preserved southern willow scrub and offsite wetland habitats,sedimentation
fencing shall also be used in these areas during site preparation and
construction.
d. No construction access, parking,or storage of equipment shall be permitted
within the fenced wetland areas. Construction equipment and vehicles shall
be parked on Collier Avenue during site preparation, within the upland
habitat (non-native grassland)or graded upland areas. Such criteria shall be
reflected as a condition of approval for grading permits.
e. To reduce erosion of graded slopes and the subsequent sedimentation in
onsite and offsite wetland areas,an erosion control plan shall be formulated
by the applicant prior to the issuance of grading permits. This plan shall
include a discussion of measures for dust control and mitigation of erosion
caused by wind and water. It shall also provide for effective planting,
irrigation, and seed germination, or the installation of riprap or other types
of slope protection, in areas that would otherwise remain exposed, prior to
the rainy season. The plan shall detail erosion control techniques to be
utilized during construction, including the placement of sandbags and the
installation of sediment traps.
JB 1/1083000LTC 6
AGENDA It EM N 3�-
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f. To reduce impacts on adjacent offsite habitat during site preparation,grading
and clearing limits shall be staked by the City or its assigns prior to issuance
of the rough grading permit. The limits of grading and clearing shall be
staked at 50-foot intervals with suitable indicators such as white PVC
(polyvinylchloride) pipe with steel bases. Construction equipment shall not
be operated offsite without prior approval of the adjacent landowners, and
a restoration program shall be incorporated to restore any disturbed offsite
areas.
g. To reduce impacts on wildlife in adjacent habitats and avoid a potential
violation of the federal Migratory Bird Act, all rough grading activities shall
be restricted to the months when annual spring breeding/nesting does not
occur,which is July through February. If any raptor nests are found in trees
to be removed from the site, removal shall occur after the nest has been
abandoned by the nesting pair and offspring, as confirmed and supervised by
a qualified biologist.
h- Coordination with County and City agencies, departments, and private
contractors responsible for the establishment of infrastructure facilities shall
be developed during the planning process to ensure that the placement of
water drains, pumping stations, sewer lines, utility lines, and other facilities
do not occur within areas supporting designated mitigation for the loss of
wetland habitat for the project in adjacent areas.
i. Should the implementation of site preparation activities, such as grading
and habitat removal,be delayed until the 1991 (or later)spring season(April
through June), the southern willow scrub will be re-examined for the least
Bell's vireo. Should this species be located on the site, consultation with the
USFWS will be necessary and a Section 10(a) permit may be required prior
to any disturbance of this species or its habitat on the site.
j. To limit human disturbance of onsite and adjacent offsite wetlands after
project completion, entry deterrent measures shall be established along the
boundaries of these wetlands. These measures may include the construction
of a chainlink fence; the use of barrier vegetation, such as cacti, briars, or
poison oak; or the placement of large boulders along the outer edges of the
onsite wetlands and the northern edge of the adjacent offsite wetland to
deter public intrusion and trash dumping. Such measures shall be installed
prior to issuance of grading permits.
k. Landscaping adjacent to natural areas offsite and the retained southern
willow scrub onsite shall emphasize the use of native and drought-tolerant
plant species. Such species shall be reflected on project landscape plans.
The use of species known to be weedy invasives, such as German ivy
eneci tnilkanioides), periwinkle Qdm maju), or iceplant (C�obrotus
spp.), shall be prohibited.
JB1/10830001.TC 7
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L In areas where night lighting may have adverse impacts on sensitive wildlife
habitat, such as adjacent to offsite natural habitat, one or more of the
following alternatives shall be utilized,if feasible,recognizing the constraints
of roadway lighting requirements: (1) low-intensity street lamps, (2) low-
elevation light poles, or (3) shielding of internal silvering of the globes or
external opaque reflectors.
IS CULTURAL RESOURCES
1.5.1 Totential.Effec Project grading could uncover additional cultural resources or expose
plant or animal fossils.
-Endings- The City hereby makes finding (1).
Facts in Support of Findings: The following measures will mitigate the identified impact
to a level of insignificance.
a. If cultural resources are uncovered during grading operations, grading
operations uncovering these resources shall cease and a qualified
archaeologist shall be notified for an onsite inspection
b. Any recovered cultural resources shall be described in a professional report
and recorded with the University of California, Riverside.
C. A qualified paleontologist shall monitor rough grading activities that involve
Pleistocene terrace materials and older sedimentary units.
d. If paleontological resources are uncovered during grading operations, those
grading operations shall cease for the inspection, evaluation, and salvage of
resources.
C. All fossils collected shall be donated to a public institution with
education/research interest in the material and a retrievable storage system.
1.6 AESTHETICS
1.6.1 -Potential Effect: The project site provides minimal aesthetic value. Grading operations
would alter the onsite topography. Views of the site from within and outside the site would
be minimally affected.
JB 1,110830001.TC g
PA47-::
Ind' The City hereby makes findings (1).
Facts in SuppQrt of Finding The following measures will result in a substantial reduction
of the aesthetic impacts of the identified significant effect..
a. Permanent irrigation shall be provided in all landscaped areas within the
roadway's right-of--way.
b. The street lighting shall be directed inward toward the site to minimize
potential aesthetic impacts and ambient light that could affect Palomar
Observatory. Such lighting techniques shall be incorporated into final design
plans for the project.
1.7 TRAFFIC AND CIRCULATION
1.7.1 Potential ffec • Implementation of the proposed project would improve the existing
substandard condition of Collier Avenue. Traffic volumes will substantially increase within
the project area due to adjacent development. When combined with adjacent development,
approximately 7,500 daily vehicle trips will occur in the project area.
ndin s: The City hereby makes finding (1).
Facts in Sunnort of F'indin The following measures will mitigate the identified impact
to a level of insignificance.
a. Final design plans shall restrict parking along Collier Avenue through the
use of signage and/or painted red curbs.
b. Final design plans shall reflect a minimum of 600 feet of spacing between
access driveways for future developments along Collier Avenue.
C. Final design plans shall limit the height of landscaping and signage within
the vicinity of access driveways to ensure good visibility.
7B 1/10830001.TC 9
AGE!��:'
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1.8 NOISE
L8.1 Potential Effect: Traffic generated by the project will result in increased noise levels along
onsite and offsite roadways. Construction-related noise impacts would have a short-term
impact on ambient noise levels.
Bad' The City hereby makes finding (1).
.acts in Support,of Find_ uL The following treasure will mitigate the identified impact to
a level of insignificance.
a. Construction operations adjacent to existing residential uses shall be limited
to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, or as
otherwise established by City ordinances.
1.9 AIR QUALITY
1.9.1 Potential ffect; Development of the project would result in short-term increases in
exhaust emissions from construction equipment and fugitive dust generated as a result of
soil movement.
Fin, dims: The City hereby makes finding (i).
acts in Support of Findings: The following measures will mitigate the identified impact
to a level of insignificance.
a. Effective fugitive dust control shall be achieved through regular watering
or other dust control measures.
b. The contractor shall terminate surface disturbance activities during periods
of high winds (greater than 15 mph).
JB1/10830001.TC 10
AGENDA ITEM NO.
PAGE O�
1.10 PUBLIC SAFETY
1.10.1 Potential Effe Contamination may be present in the vacated Elsinore Ecology Center,
which would pose a potential significant health impact to construction workers if
encountered during construction activities.
Ei:ndines The City hereby makes finding (1).
Facts in Support of Finding ; The following measure will mitigate the identified impact
to a level of insignificance.
a. All hazardous wastes encountered during construction , shall be handled
and disposed of in accordance with applicable federal, state, and local
regulations.
1.11 GROWTH INDUCING IMPACTS
1.11.1 Potential Ee t: The Project will not significantly foster either economic or population
growth in the surrounding area
Eindingss: The City hereby makes finding (1)
Facts in Support of Findings:
a Development of the Collier Avenue Improvement Project would provide for
the extension of infrastructure into an undeveloped area,which would reduce
development constraints for nearby areas and could serve to induce other
landowners in the vicinity to convert their property to urban use.
b. Construction of the Collier Avenue Improvement Project would
accommodate increased trip generation due to new projects within the area.
JB1/10830001.TC 11
AGZ;vim
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PAG;=..L q OF�
1.12 CUMULATIVE MMACTS
L12.1 Pgtential Effect: Other development projects approved with the project area,could have
adverse cumulative impacts on Land Use and Planning,Hydrology and Drainage,Biological
Resources, Aesthetics, Noise, Air Quality and Public Safety.
Endinim., The City hereby makes findings (1) and (2).
Facts iin Support of F dinos- The following measures will mitigate the identified impact
to a level of insignificance.
a. The Facts in Support of Findings in Sections 1.1 to 1.10 are hereby
incorporated by reference.
2.0 FIhDINGS REGARDING ALTERNATIVES
2.1 NO-DEVELOPMENT ALTERNATIVE
2.1.1 Description of Alternative: The EIR describes the no-development alternative as a
continuation of existing conditions on the Project site.
Comparison of the Effects of the Alternative to the Effects of the Proposed Project: The
City hereby finds that the no-development alternative is environmentally superior to the
Project because it would eliminate those effects of the Project identified in Section 1.
However, benefits of the proposed project would also not occur.
Effectiveness in,JyMe,eting project Objectives: The no-development alternative would no
facilitate the construction of the needed transportation facility; improvements to Collier
Avenue would not occur;therefore,the road would remain in a substandard condition with
broken pavement, minimal line of sight, and inadequate drainage.In addition the level of
future traffic volumes and project air quality would both decrease.
Endings: The no-development alternative is not feasible.
JB 1I10830001.TC 12
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Facts in Support of Findings; The no-development alternative is infeasible because it does
not meet the project objective of providing improved circulation in the project area.
2.2 NO-PROJECT ALTERNATIVE
2.2.1 Description of Alternative; Collier Avenue would be improved to current General Plan
designation of a modified local arterial. The roadway would consist of a 68-foot right-
of-way.
Comparison of the is of The Alterriative to the,Effects the PT0120sed I!rQi • The
no-project alternative does not provide any significant environmental advantages over the
proposed project;therefore,it is not considered to be environmentally superior compared
to the proposed project.
Effectiveness in Meeting PToje-,t Objectives: The no-project alternative could potentially
have similar effectiveness as the proposed project in meeting project objectives. However,
traffic impacts associated with the no-project alternative could potentially be greater. The
projected traffic volumes for he project area indicate that a modified local arterial would
not be adequate to serve future traffic needs. As a result, the project could have
significant traffic constraints.
Findings The no-project alternative is not feasible.
acts in Sup2grt of EinfnzE: The no-project alternative is infeasible because it is
anticipated to have environmental impacts similar to those of the proposed Project.
Because there are no clear environmental benefits associated with the alternative, the
City's cost for preparation of new studies and implementation plans are not cost efficient_
23 MODIFIED NORTHEASTERLY ALIGNMENT
2.3.1 escri do o t at'v . Development of the northeasterly alignment,would improve
Collier Avenue to a major arterial with 100 feet of right-of-way. However, its alignment
would be situated in more of a northeasterly alignment.
JB1/10830001.TC 13
AGENDA 17E%-'
PAGEOF
-comparison of the Efffgts ofth—e-Altemative Io the ects of the Proposed • The
modified northeasterly alignment does not provide any significant environmental
advantages and is not considered to be environmentally superior to the proposed project-
.Effectiveness in Meeting Project Objectives; The northeasterly alignment could potentially
have similar effectiveness as the proposed project in meeting project objectives; however
land use impacts could be potentially greater. The required right-of-way for the project
would require removal of an existing industrial building potentially requiring the removal
of an existing single-family dwelling.
.EindinZ5 The northeasterly alignment alternative is not feasible.
acts in Su oft of Findings: The northeasterly alignment alternative is infeasible because
it is anticipated to have environmental impacts similar to those of the proposed Project.
Because there are no clear environmental benefits associate with the alternative,the City's
costs for preparation of new studies and implementation plans are not cast efficient.
2.4 IMPROVEMENTS OF BAKER STREET
2.4.1 Description of Alter—native: Baker Street is located 1/4 mile south of the project area and
would be improved to a major arterial between Nichols Road and Riverside Drive. The
roadway is currently a narrow dirt road serving a few rural residential uses in its project
area.
Comparison of the Effects of the Alternative to the Effects of the Proposed Project: The
Baker street alternative does not provide any significant environmental advantages
compared to the proposed project. Therefore, it is not considered to be environmentally
superior.
Effie--cliveness in Meetingt b' tiv : The Baker Street alternative could
potentially have similar effectiveness as the proposed project in meeting project objectives;
however, environmental impacts associated with the improvement of Baker Street are
anticipated to be greater compared to those of the proposed project due to the potential
land use, earth resources and biological impacts.
JB 1/10830001.TC 14
ArE'.DA t T Ii:1 : O. 3�1
OF
F ndinQs: The Baker Street alternative is not feasible.
Facts in Support of ndjigs; The Baker Street alternative is infeasible because it is
anticipated to have environmental impacts greater than those of the proposed Project.
Because there are no clear environmental benefit associated with the alternative,the City's
costs for preparation of new studies and implementation plans are not cost efficient.
3.0 FINDINGS REGARDING MITIGATION MONITORING PROGRAM
3.1 REQUIREMENT OF MITIGATION MONITORING PROGRAM
Section 21091.6 of the Public Resources Code requires that when a public agency is making the
findings required by Section 21081(a) of the Public Resources Code, the Agency shall adopt a
reporting or monitoring program for the changes to the Project which it has adopted or made a
condition of Project approval,in order to mitigate or avoid significant effects on the environment.
The City hereby finds that the Mitigation Monitoring Program for the Collier Avenue
Improvement Project meets the requirements of Section 21081.6 of the Public Resources Code.
IB i/10830001.TC 15
AGENDA ITE,�4 NO
PAGE Of
F I N A L
EnvironmentRl
hpact Report
Response to Comments
scx 90020171
COLLIER AVENUE IMPROVEMENT PROJECT
QTY of LAxE ELSINORE
OCTOBER 1 9 9 0
nn
Michael Btandman Associates
AGENDA I
PAGE p,
FINAL ENVIRONMENTAL IMPACT REPORT
RESPONSE TO COMMENTS TO THE
DRAFT ENVIRONMENTAL IMPACT
REPORT FOR THE COLLIER AVENUE
IMPROVEMENT PROJECT (SCH 90020171)
Prepared for:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92330
Contact: Dave Gunderman
(714) 674-3124
Prepared by:
Michael Brandman Associates
Carnegie Centre
2530 Red Hill Avenue
Santa Ana, California 92705
(714) 250-5555
Contact: Kathleen Brady-Rebella
October 19W
Arai S � ITEYS 1,40. 3 a
PAGE.�OF--�q7
TABLE OF CONTENTS
Se—.�L .P—P.�
a
1 PREFACE . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 LIST OF COMMENTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3 COMMENTS AND RESPONSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
JB i/10830001.RC i
ACC; DA ITE-:M t«7.
SECTION 1
PREFACE
The draft environmental impact report for the proposed Collier Avenue Improvement Project was
circulated for public review and comment beginning September 1, 1990, and ending October 15,
1990.
As required by the California Environmental Quality Act (CEQA), the final EIR must respond
to comments regarding "significant environmental points raised in the review and consultation
process" (State CEQA Guidelines, Section 15132d). Comments submitted on the draft EIR also
included questions about EIR findings and methods,position statements for or against the project,
and comments about the community issues of broader citywide concern rather than of specific
concern for the Collier Avenue Improvement Project. The final EIR provides responses to
comments on significant environmental issues,explains the EIR analysis,supports EIR conclusions,
or provides new information or corrections, as appropriate.
The second section provides a list of persons/agencies commenting on the EIR, and the third
section contains the comment letters received during the public review process, followed by the
responses to those letters.
3B1/10830001.RC 1
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SECTION 2
LIST OF COMMENTORS
A. Riverside County Sheriff Department
Lieutenant Caldwell
B. County of Riverside, Transportation Department
Edwin Studor, Transportation Planning Director
C. Riverside Land Conservancy
Henry J. Hoherstein, AICP
D. Glenn Lukos Associates
Derek Canter, Project Manager
E. Riverside County Flood Control and Water Conservation District
Frank J. Peairs, Chief of Planning Division
F. Elsinore Valley Municipal Water District
Donald A Hemme, Engineering/PIanning Manager
G. Caltrans
Harvey J. Sawyer, Chief Transportation Planning
H. Department of Parks and Recreation
D. P. Monohan, Superintendent
JB 1/10830001.RC 2
AC EhDA ITEM NO.
PAGE 4,S7 OF
SECTION 3
COMMENTS AND RESPONSES
This section presents comments from agencies that responded to the draft EIR. Each comment
is identified by a letter and number. Each response is also identified by its corresponding letter
and number.
JB 1/10830001.RC 3
AGENDA ITEM, tio.
RIVERS2pE COUNTY SHER = FF
Lm��►� L [L� g �hi�tt�� ���aTi �a�7
DATE: 083090
TO: PERRY MURRETTA (/'• ���i��S
CITY OF LAKE ELSINORE PLANNING DEPARTMENT
FM: LT. CALDWELL ' /
! fio7,
RE: COLLIER A ENUE IMPROVEMENT PROJECT 1
q a as aps ri+af a. .+r W�►W►w+v•w w w+O=.s+r.},� fi;p RS aCi Ry ertv 1: 1
wo
I have received the DEIR for the above reserenc:ed road perojec:. I
spec i f i cal l y looked at the plane impact on law enfor• emer}t anti
traffic circulation. With the inclusion of the traffic signals A-1
mentioned in section 5, I would have not, any negative rbmments on
the project.
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AGENDA, ITEM NO,
PACE OF
COLLIER AVENUE IMPROVEMENT PROJECT
DRAFT ENVIRONMENTAL IMPACT REPORT
RESPONSE TO COMMENTS
Agency: Riverside County Sheriff Department 08/30/90
A-1 This comment is noted.
JB1/10830001.RC 4
rCP�`�'�
""•' " • • Iv— w—au oc7Mm 11 •77U3aU7'• 114 cvu
Of COUNTY OF RIVERSIDE
c� z ,i �a T��ANSPORTATIQN DEPARTA-1ENT F, NKLIN E.SHERXOW
•, CITY OF LAKE ELSINORE Irectot C4 Tfanspnrt.rfan
RECEIVED C9��IMA VING AIDDRESS:Ce�1bR
Septanber 3.0, 1990 Po. sox Iaaa
[�EP 2 0 �90 ccnfdc,California 925C2
J L t714}273,0650
FAX 17141 275.67Z2
PLANNING DEPT.
Mr. Perry murretta
City of Lake Elsinore Planning Department
130 South Main Street
Lake Elsinore, CA 92330
RE: Draft Envizonmenta Impact
Report - Collie Avenue
Improvement Project
Dear Mr. Nurretta:
The County of Ri verside Transportation Dep=tnent has reviewed
the above referenced document. Based on it traffic
rec=,mendations, we have no objections to the appro al of the
DEIR. However, as the road will carry a su:xst.antiai vol,ule of B-1
traffic, much of which will be turning into ommarciai
developments, it may be advisable to relocate the bike lanes on
an adjacent, less travelled streret, such as B�Ocsr Street.
Thank you for the opportunity to review t.h4t LEIR. TI e twE.ffic
analysis Will assist us in planning for neia::by areas; remaining
under County jurisdiction.
If you have any ClUestiozle, plel!ase contract :caul wrig� , Planner
II, at (714) 275-6773 .
sincerely,
Edwin Studor
Transportation :Planning Director
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COUNTY ADMINISTRATIVE CENTER •4D64 LEMON STREET• RIVERSIDE.CALIFOR\LA,�2301
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Aur-:NDr1 ITEM
Far';._ C?c
COLLIER AVENUE IMPROVEMENT PROJECT
DRAFT ENVIRONMENTAL IMPACT REPORT
RESPONSE TO COMMENTS
Agency: County of Riverside, Transportation Department 09/10/90
B-1 The City of Lake Elsinore has designated this right-of-way as a bike lane;
however, as development occurs within the area, future project applicants will
work closely with the City of Lake Elsinore to provide safe and adequate bike
lanes.
JB1/10830001.RC 5
A C4,
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ran• r . IV 1 y v . v tr t1.ry . . . ....... -.. .... ..
e,side44
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Bsn Brockton Avenue 0 Riverside, Califoizia 92506 41 713-7188-0670
s e r v afi 0 i i7Y GF LAKE EL
ICE
RECEIVED
September 11, 1990
SEP I A WO
1
Mr. Perry Murretta '
City of Lake Elsinore Planning Department `
130 South Main street `
Lake Elsinore, CA 92330
Re: Collier Avenue improvement Project
Dear Mr. Murretta:
ItOU"ift LaRt Conoorinnop his Nn rnmmr-nt rnattrgin Jhg 2jl;�
EIR covering the above mentioned project.
However, from a long term perspective consideration should be
given to the long term protection and management of one or
both of the two areas delineated on the attached. without
further field investig&tion it is not possible to determine C-1
relative values of the areas. The diversity indicated on the
attached would tend to indicate Area if2 would be thb richer
of the two.
Riverside Land Conservancy would encourage further review and
discussion of this suggestion.
Sincerely,
Hen LJ. Hoherietein, AICP
Henry ,
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COLLIER AVENUE IMPROVEMENT PROJECT
DRAFT ENVIRONMENTAL IMPACT REPORT
RESPONSE TO COMMENTS
Agency: Riverside Land Conservancy 09/11/90
C-1 Both areas 1 and 2 are not found within the project area. Implementation of
the proposed project would result in the replacement of 8.9 acres of lost wetland
habitat of equal or greater value. In anticipation of requests for mitigation, the
project sponsor is presently developing a mitigation plan,in consultation with the
Army Corps. of Engineers and the California Department of Fish and GAme,
that will create wetland habitat offsite.
JB1/10830001.RC 6
��.� L o�
FROM:GLENN LLROS ASSOC. TO: 714 250 5556 OCT 22. 1990 2'46P^7
r
GLENN LUKOS ASSOCIATES
Regulatory Services ,
October 22, 1990
Mc. Kathleen Brady-Rubella
Michael Brandman Associates
Carnegie Centre
2530 Red Hill Avenue
Santa Ana, California 92705
Dear Ms. Brady-Rubella:
Aftcr c-�-aluaIion or design modification;necessary for the improvanivnt of Coll icr Avcnuc,in(he City
of Lake Elsinore, California, we have dclermined that impacts to waters of the United States
pursuant to Srction 404 of the Clean Water Act and Swim 16K,of the California risli and Game
Code total api)roximatcly 8.9 acres. F�arlier jurisdictional delinoftions of the project site mwitici
wodiCcation of approximately 6.9 acres or riparian/wctland habf tat.
Two principle; reasons can be cited for the increase in jurisdictional area, 1) enginct:ring studies, in
consultation with city staff, revealed (bat the elevation of Collic,- Avcmuc should be inureascd to D"1
remove it from the threat of a 140-year flcx)d event; Ibis inc.mme neoessitrbted additional slope
encroachment into jurisdictional areas, anti 2) the Collier Avc.nue/Nieltols Road inters Bartle was
modified for consistency with future growth requirements of the! City of Lake L•lsinorL, dictating
further encroachnlCnt into jurisdictional tafeas.
The additional acems of jurisdictional imPact are on the south sick;of the proposed road, immcxfiatcly
adjacent to sites previously delineated. A mitigation design is being finalized in consultation with
the U.S. Fish and Wildlife Service and the California Dapfirtmert of Fish €ancl Game.
For your use, I leave included a revised jurisdictiorml delineation map dated October 15, 1990,
Should you have any questions regarding the results of our fi J1n,s or fortlicorning mitigation plan,
please feel to call me.
Sincerely,
GLENN LUKOS ASSOCIATES, INC.
Derck A. Kantar
Regulatory Specialist
Enclosure
DAK:1083.1 c.Itr
23441 South Pointe Dive ■ Suite 150 L I-guns Hills, California 92653
Ielerhone- (714) 837-0404 Facsimile: (71.1) 437-5534
PAGS OF
COLLIER AVENUE IMPROVEMENT PROJECT
DRAFT ENVIRONMENTAL MPACT REPORT
RESPONSE TO COMMENTS
Agency: Glenn Lukas Associates
10J22/90
D-1 Glenn Lukos Associates and Albert Webb Engineering, observed an increase
of wetlands from 7.3 to 8.9 that would be affected by the implementation of the
proposed project. The removal of the additional 1.6 acres of wetlands fall within
the jurisdiction of the Army Corps of Engineers and the California Department
of Fish and Game. Tne detailed mitigation monitoring plan that will be submitted
to ACOE and CDFG for approval, concurrent with the application for section
1603 and 404 permits will mitigate impacts on the additional 1.6 acres of wetlands
to a level below significance.
JB 1110830001.RC 7
AGENDA ITEM NO.
fa�
PACE OF.LY.�
KENNETH L-EDWARDS
CMiEF ENGINEER
1995 MARKET STREET
P.O.90X 1033
TELEPHONE(714)275-1200
FAX NO.(714)788-9965
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
RIVERSIDE.CALIFORNIA 92502
October 5 , 1990
Mr. Perry Murretta
City of Lake Elsinore �n
Planning Department 2 492
130 South Main Street P
Lake Elsinore , CA 92230 �MfC7'Q�
Dear Mr. Murretta: Re: Collier Avenue
Improvement Project
In response to your letter of August 28, 1990 concerning the
Collier Avenue improvement project the District has reviewed the
Draft Environmental Impact Report (DEIR) and has the following
comments:
I . The District believes a portion of the flows from Arroyo
Del Toro ( roughly 2000 cfs ) impact the easterly portion of E-1
the project area.
2 . In the future the District will be constructing a storm
drain facility to convey the Arroyo Del Toro flows to
Temescal Wash. Preliminary design has begun but a final
alignment has not yet been established. It is anticipated, E-2
however, that the chosen alignment will impact the proposed
improvement.
Should you require any additional information regarding this
matter, please contact Jan Tack at 714/275-1274.
Very truly yours ,
FRANK J . P AIRS
Chief of Planning Division
JT:mcy
jt11002a
COLLIER AVENUE IMPROVEMENT PROJECT
DRAFT ENVIRONMENTAL IMPACT REPORT
RESPONSE TO COMMENTS
Agency. Riverside County Flood Control and Water Conservation District 10/05/90
E-1 The comment that a portion of the flows from Arroyo Del Toro effect the
easterly portion of the project area is noted The subject flows cross the project
site in the vicinity of the Riverside Drive/Collier Avenue intersection. The
project does not propose to elevate this segment of the road; therefore, the
e)dsting conditions of the site will be preserved. Provisions have been made for
the future construction of storm drain facilities.
E-2 The City of Lake Elsinore will coordinate with the Riverside County Flood
Control and Water Conservation District to ensure that any conflicts between the
design of the roadway and storm drain facility are minimized. Roadway design
allows for the future construction of storm drain facilities.
JB 1/10830001.RC 8
t 33751 Mission Trail
P.O.Box 3000
r Lake Elsinore,CA 92330
v i 714)674-3146
Elsinore Valley Municipal Wafer District Fax.(714)674-9872
October 17, 1990 Cf7-,
OP
RkFFt
Perry Murretta C' i 6SllvC"4z
City of Lake Elsinore Oct
Planning Department 9 19so
130 South Main Street P
Lake Elsinore, CA 92330 �NfN(x D
Subject: The City's Collier Avenue Improvement Project Draft E.I.R.
The District has reviewed the above document and wishes to make the following
comments.
Please note the following narrative changes within specific sections of the text as noted
(with enclosed photocopy of suggested verbage).
Section 3 - Project Description; Subsection 3.2 - Project characteristics F-1
(Pages 3-2 and 3-3)
Section 4 - Existing conditions, project impacts,.....; Subsection 4.1.2 - F-2
Project Impacts (Page 4-4)
The District's Engineering Staff is now coordinating the improvement plans for the 24"
transmission water line. These plans have been submitted by the design engineer and are
presently in plan check. Other impacts that were noted in our initial response to your
N.O.P. of E.I.R. are being addressed as a part of our coordination of design effort (copy
enclosed).
Thank you for the opportunity to respond to your draft.
Since Iy,
Donald A. Hem e
Engineering/Planning Manager
DAH.dmg
Enclosures (2)
cc: File 9896
BOARD OF DIRECTORS: Div.#1,Charles E.Bryant,vice-President Div. #2,Donald E.Ash
Div.#'3,Kenneth Stoller Div.#r4,Gary F.Kelley,Secretary-Treasurer Div.#5,Nancy Shafer,President
5?OF. ,
COLLIER AVENUE IMPROVEMENT PROJECT
DRAFT ENVIRONMENTAL IMPACT REPORT
RESPONSE TO COMMENTS
Agency: Elsinore Valley Municipal Water District 10/17/90
F-1 The comment that the water line proposed within the existing right-of-way of
Riverside Drive will be.24 inches rather than the 16 inches identified in the Draft
EIR is noted. Additionally,the Draft EIR incorrectly identifies that the existing
waterline would be abandoned in place, where in actuality it is proposed to be
used for reclaimed water. These correction are hereby incorporated into the
Final EIR
F-2 The comment that the existing water main along Collier Avenue would be used
as a potable water line rather than abandoned when it is replaced with a larger
water line is hereby noted and the correction incorporated into the Final EIR
is noted.
JB1/10830001.RC 9
stye of cardornia Business, Transportation and Housing Agency
Memorandum
To State Clearinghouse DQte : October 9, 1990 --
office of Planning & Research _ !•
1400 10th Street File No.: 08-Riv-74-15. 6
Sacramento, CA 95814
• SCH# 90020171
Attention John Vanderbilt
From = DEPARTMENT OF TRANSPORTATION
District 8
Sllb t Draft Environmental Impact Report on the
Collier- Drive Realignment
We have reviewed the above-referenced document and request
consideration of the following comments:
A section of Collier Avenue and Riverside Avenue is also State
Route 74 and should be correctly identified in the study. G-1
Caltrans will be a permitting agency on the road, water and
sewer portions of this project that are within State Route 74
right of way. This discretionary action should be added to the
others on page 3-4 of the report.
Constriction of the new water line within the right of way for G-2
State Route 74 will be required to be outside the ultimate
traveled way.
our records show higher evening peak hour traffic volumes than
are used on page 4-61 in this report. Please insure that the
correct figures are used. If changes are found to be G-3
appropriate, reevaluation of impacts on affected intersections
will be necessary. (See attached page for changes) .
Future submittals to Caltrans must address the future
configuration of the intersection of Riverside Drive and Collier G-4
Avenue according to the latest version of the Lake Elsinore
General Plan.
Parts of the project overlap with Lake Elsinore Assessment G-5
District 86-1. This relationship should be documented in the
report.
This project will require an encroachment permit as work is
proposed within the state highway right of way; the Department
of Transportation would be the responsible agency and may G-6
require certain measures be provided as a condition-of permit
issuance. All matters relating to the Encroachment-Permit
process, which includes access, grading, and drainage issues,
should be sent to:
r2A. Z C �%
state Clearinghouse _
Attention John Vanderbilt
Page 2
October 9, 1990
Mr. Mike Sim
Development Review
Californ:.a Department of Transportation
P.O. Box 231
San Bernardino, CA 92402
When available, we would like to receive the Notice of
Determination, Final Environmental Impact Report, Conditions of
Approval and the date of any public hearing on this project.
Please send this information to:
Tom Meyers
California Department of Transportation
P.O. Box 231
San Bernardino, CA 92402
If you have any questions , please contact Tom Meyers at
ATSS 670-6908 or (714) 383-6906 (FAX 714-383-4936) .
HARVEY J. SAWYER
Chief, Transportation Planning
Branch B
TM: ldb
bcc: RHelgeson, Plan Coord Unit, DOTP
Mike Sim, Development Review
AGEr,DA i r-= ,A tJ:). 2
PAGE kQ QEYI:
The existin ICUs and corresponding pondurg LOS for intersections in the project area vicinity are shown
in Table 4-2. As the table indicates, four of the seven intersections studied (Collier Avenue/
Riverside Drive, Collier Avenue/Central Street, I-15 southbound (SB) Ramp/Central Street, and
I-15 northbound (NB) Ramp/Central Street) are currently operating at unacceptable levels of
service (LOS E or worse).
TABLE 4-2
EXISTING INTERSECTION CAPACITY UTILIZATION
AND LANE GEOMETRIC9
Intersection Approach Lane?
North- South- East- West- Evening
bound -bound boun hound Peak-
Hour
Intersection T R L! T R L T R L T R L ICU LOS
Collier Avenue (NS) at lea F
Nichols Road (EW) 1 0 0 0 0 0 1 0 0 1 0 0., 21 A
Riverside Drive (EW) 1 0 0 1 0 0 1 0 0 1 0 0
Central Street (EW) 1 0 0 1 0 0 0 0 0 1 0 0 r
I-15 SB Ramps (NS) at ti3°
Nichols Road (EW) 0 0 0 1 0 0 1 0 0 1 0 0 21 A
Central Street (EW) 0 0 0 1 0 0 1 0 0 1 0 0
I-15 NB Ramps (NS) at
Nichols Road (EW) 1 0 0 0 0 0 1 0 0 1 0 0 21 A
Central Street (EW) 1 0 0 0 0 0 1 0 1 1 0 0 -9K--' E
� ya$
a Intersection Capacity Utilization (ICU)
b When a right turn lane is designated, the lane can either be striped or unstriped. To function as a right
turn lane there must be sufficient width for right turning vehicles to travel outside the through lanes.
c T = Through
R = Right
L = Left
Source: Kunzman Associates, 1990
4-61
JB/10830001.4-7
COLLIER AVENUE IMPROVEMENT PROJECT
DRAFT ENVIRONMENTAL IMPACT REPORT
RESPONSE TO COMMENTS
Agency: Department of Transportation 10/09J90
G-1 The Final EIR hereby acknowledges that Collier Avenue between Riverside
Drive and Central Avenue is known as SR 74. The proposed project is
immediately west of the this segment of SR 74. The project extends from
Riverside Drive to Nichols Road; therefore, only intersection improvements
would effect SR 74. The Final EIR hereby reflects that Caltrans is a responsible
agency for the project and will need to be consulted and permits obtained for any
work with the Collier Avenue/Riverside Drive intersection.
G-2 Design efforts for the water line will be coordinated with Caltrans to ensure that
the water line is outside the ultimate traveled right-of-way for the portion of
Collier Avenue that is within Caltrans jurisdiction.
G-3 Table 4-2 depicts evening peak hour ICU levels, not the evening peak hour
volume of automobiles at their respective intersections. A reevaluation of the
traffic volumes and resulting I.C.U. supports the data reflected in Table 4-2.
G-4 Your comment is noted. Upon approval of the project the City of Lake Elsinore
General Plan would be amended. Any future development or improvement
projects would need to reflect the adopted General Plan.
G-5 The Lake Elsinore Assessment District 86-1 is for the provision of sewer facilities.
The proposed project is solely for the construction of the roadway,and therefore,
would not be assessed sewer fees. The adjacent development, which was
addressed in separate environmental documentation, would be required to
participate in the Lake Elsinore Assessment District 86-1.
G-6 This comment is noted. Please refer to the response to comment 1.
JB1/10830001.RC 10
ITEM
STATE OF CALIFORNIA--THE RESOURCES AGENCY GEORGE DEUKMEJIAN,GOrrrmr
DEPARTMENT OF PARKS AND RECREATION
Los Lagos District
17801 Lake Perris Drive
Perris, California 92370 CITY OF LAKE ELSINORE
(714) 657-0676
RECEIVED
OCT 15 ISM
October 10 , 1990
PLANNING DEPT.
Perry Murretta
City of Lake Elsinore
Planning Department
130 South Main Street
Lake Elsinore, California 92330
After review of the Environmental Impact Report on the improvement
and realignment of Collier Avenue, we have no comment to make at H-1
this time . Please keep us informed of any changes or additions to
the project.
Sincerely,
D.P. Monahan, Superintendent
Lake Elsinore S.R.A.
fits. iY�!:h C�—
COLLIER AVENUE IMPROVEMENT PROJECT
DRAFT ENVIRONMENTAL IMPACT REPORT
RESPONSE TO COMMENTS
Agency: California Department of Parks and Recreation 10/10/90
H-1 This comment is noted. The City of Lake Elsinore will continue to coordinate
with the effected and interested agencies if there are any changes or additions
to the project.
JB1/10830001.RC 11
AC, A ITZ-h,i PLO.
REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: NOVEMBER 27 1990
SUBJECT: Tentative Parcel map 25586• A res
Pro erties The Keith
Companies/Butterfield) : A request
to subdivide 1.25 acres into four
presidential lots. The project
is located at the northern termini
of Avenues 9 and 10.
PREPARED - PPROVED BY:
Mari oades Dave G derman
Assistant Planner
Comm. ev. Dir.
APPROVED BY:
City Manager
BACKGROUND
This proposal is a portion of Residential Project 89-8 which was
approved in June of 1989. Residential Project 89-8 was an
application for 75 single-family homes on 17 acres. This parcel
map was a Condition of Approval for Residential Project 89-8, in
order to create 4 of the lots for the original residential project.
DISCUSSION
Tentative Parcel Map 25586 is an application to divide 1.25 acres
into 4 standard residential lots of record. The only change that
the Commission made to the Conditions of Approval was the deletion
of Condition No. 10 for a Casino Drive bicycle lane, and the
amendment of Condition No. 26, requiring a screen wall along Casino
Drive. The Commission also required the applicant to obtain a lot
merger for the remainder parcel and Lot 122, prior to development.
Planning Commission approved Tentative Parcel Map 25586 by a vote
of 4-0.
RECOMMENDATION
It is recommended that the City Council re-affirm Negative
Declaration 89-19 and approve Tentative Parcel Map 25586 based on
the following Findings and subject to the attached Conditions of
Approval.
It is recommended that the Redevelopment Agency concur with City
Council action.
FINDINGS
1. The proposed subdivision, together with the provisions for its
design and improvement, is consistent with the General Plan
and any applicable Specific Plan. The proposed subdivision or
land use is compatible with the objectives, policies, general
land uses and programs specified in the General Plan and any
applicable Specific Plan. (Government Code Section 66473 . 5)
2 . The Planning Commission has considered the effects of its
action upon the housing needs of the region and has balanced
these needs against the public service needs of its residents
Page 2
Tentative Parcel Map
November 27, 1990
and available fiscal and environmental resources. (Government
Code Section 66412.3)
3. The design of the subdivision provides to the extent feasible,
for future passive or natural heating or cooling opportunities
in the subdivision. (Government Code section 66473.1)
4. The Planning Commission shall determine whether the discharge
of waste from the proposed subdivision into the existing sewer
system would result in a violation of the requirements as set
out in Section 13000 et seq. of the California Water Code.
If the Planning Commission finds that the proposed waste
discharge would result in or add to a violation of said
requirements, the Planning Commission may disapprove the
tentative map or maps of the subdivision. (Government Code
Section 66474.6)
5. The proposed subdivision, together with the provisions for its
design and improvement., is consistent with the City of Lake
Elsinore Subdivision ordinance.
/cm
AGENID141; ITF-M t�'0 3' .
PAGE Q; 3
f
CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 25586
Planning Division
1. Tentative Parcel Map will expire two (2) years from date of
approval unless an extension of time is granted by the City of
Lake Elsinore City Council in -accordance with the Subdivision
Map Act.
2. The Tentative Parcel Map shall comply with the State of
California Subdivision Map Act and shall comply to all
applicable requirements of the Lake Elsinore Municipal Code,
Title 16 unless modified by the Conditions of Approval.
3. A precise survey with closures for boundaries and all lots
shall be provided, per City ordinance.
4. Signage for this subdivision shall require City Permits.
5. The City's Noise Ordinance must be met during all site
preparation activity.
6. Street names within the subdivision shall be approved by the
Planning Division.
7. All grading shall conform to the requirements of Section 6.11
of the Subdivision Ordinance and Chapter 70 of the Uniform
Building Code.
8. Applicant shall bond for all public improvements and grading
for subject development as required by the City Engineer and
Chief Building Official.
a) Bonding shall be done by phases and not by final maps(s)
on grading.
b) Bonding shall be done by final map(s) for all other
improvements.
9. Pay all applicable fees in force at time of issuance of
building permits.
10. Ctl-ras-33--irsepc3 - lent--t¢-bft_-prov3ded--al Ong
-t'aai -give.
DELETE
11. Prior to final approval of Parcel Map 25586 the improvements
specified herein and approved by the Planning Commission and
the City Council shall be installed, or the bonds and
agreement for said improvements, shall be submitted to the
City, and all other stated conditions shall be complied with.
12 . Prior to final Parcel Map approval by the City Council, all
lots within this subdivision shall conform to the minimum
dimensional standards of the R-1 Zoning District.
13. Final Map shall reflect plotting as approved on plans date
stamped October 24, 1990.
14. Building permits shall not be issued until proof of payment of
school mitigation fee is presented to City Building Division.
15. All of the improvements shall be designed by developers Civil
Engineer to the specifications of the City of Lake Elsinore.
16. Comply with all conditions of the Riverside County Fire
Department.
17. Applicant must meet all requirements of Elsinore Valley
Municipal Water District (EVMWD) .
AGENDA ITEM NO:
PAGE -5-OF
CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 2 5
18. The applicant shall provide connection to public sewer for
each lot within the subdivision. No service laterals shall
cross adjacent property lines and shall be delineated on
engineering sewer pla;zs and profiles for submittal to the
EVMWD.
19. The developer shall submit plans to Southern California Edison
for a layout of the street lighting system. The cost of
street lighting, installation as well as energy charges shall
be the responsibility of the developer and/or the association.
Said plans shall be approved by the City and shall be
installed in accordance with the City Standards.
20. Meet all requirements of Southern California Edison Company.
21. Meet all requirements of Southern California Gas Company.
22. Meet all requirements of General Telephone.
23. All trailers used during construction, mailboxes and signage
shall be subject to Planning Division review and approval
prior to installation.,
24. Trailers or mobile homes utilized during the construction
phase of this project: shall be subject to approval of the
Community Development Director.
25. Annexation to the City's Landscaping and Lighting District is
required prior to approval of a Final Parcel Map.
26. mix- - met-�}eeoatie-ngasc °tom- a3�-sha-gl-be-e4nstrted
a3bng-tyre-ea�rn�33�ivo--f ro�r�age:-__Pry#sue-�esic,��-�rate�ls;
colt r-end-I.00atilm-t.e--b�e- -the Mirror-Deign
Review- rroCesa. DELETE
27. Any alterations to the topography, ground surface, or any
other site preparation activity will require the appropriate
City permits. A Geologic Soils Report with associated
recommendations will be required for grading permit approval,
and all grading must meet the City's Grading ordinance,
subject to the approval of the Chief Building official and
Planning Division. Interim and permanent erosion control
measures are required. The applicant shall bond 100% for
material and labor for one (1) year for erosion control
landscaping at the time the site is rough graded.
28. Prior to issuance of any grading permit or building permit,
subdivider shall sign and complete an "Acknowledgment of
Conditions" and shall return the executed original to the
Community Development. Department.
29. All residences shall be served by a sidewalk along lot
frontage.
30. All sidewalks shall be separated from curb with parkway which
shall be subject to the approval of Community Development
Director.
31. Conceptual and Final Landscape and Irrigation Plans for all
project slope areas and fire breaks shall be approved by the
Community Development. Director prior to issuance of building
permits for any phase of development. Improvements shall be
installed prior to Certificate of occupancy.
32. All Conditions of Approval for Residential Project 89-8 shall
be incorporated by reference here in, and are included as
attachments to this report.
3 �
PAGE OF�
1
CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 25586
En ineerin De artment
33. All applicable conditions of Residential Project 89-9 shall
apply to Tentative Parcel Map 25586. Conditions pertaining to
plan approval, easements, off-site right-of-way and clearance
letters from other affected agencies shall be completed and
approved prior to final map approval.
34. A Lot Merger for Lots 122 and 123 shall be completed.
r
� � J� 23
l
NUTES OF LANE ELSINORE PLANNING COMMISSI
HELD N THE 7TH DAY OF NOVEMBER 1990
THE MEET G WAS CALLED TO ORDER AT 7: 03 P.M.
PLEDGE OF A GIANCE was led by Commissioner Wilse .
ROLL CALL
PRESENT: Commission s: Gilenson, B 'nley, Brown and Wilsey
ABSENT: Commissioners: Saathof
City
Also present were Community P Ve ner a DeGange,toandu Senior , Civil
Attorney Harper, Assistant
Engineer O'Donnell.
AS CHAIRMAN SAATHOFF WAS BSENT, VICE HAIRMAN GILENSON CONDUCTED
THE MEETING.
MINUTE ACTION
Motion by Co Issioner Brinley to approve Minut of October 17,
1990, as s itted, second by Vice Chairman Gilens .
Approved -0 (Commissioners Brown and Wilsey abstain' g)
PUBL COMMENTS
;h_Xere being no requests to address the Planning Commission, ice
Chairman Gilenson closed the PUBLIC COMMENTS Section.
• PUBLIC HEARINGS
1. Tentative Parcel Map 25586 - Ayres Properties - Assistant
Planner DeGange presented a request to subdivide 1.25 acres
into four (4) residential parcels, ranging in size from 6,495
square feet to 10,814 square feet, located at the northerly
termini of Avenues 9 and 10.
Assistant Planner DeGange suggested that condition number 10
and condition number 26 be deleted, as they are redundant
conditions--covered in Residential Project 89-8.
Vice Chairman Gilenson opened the public hearing at 7:09 p.m. ,
asking for anyone wishing to speak in favor.
Mr. Doug Ayres, applicant, stated they were in agreement with
the Conditions of Approval.
Vice Chairman Gilenson asked if there was anyone else wishing
to speak in favor. Receiving no response, he asked for those
opposed. Receiving no response, he asked if anyone wished to
speak on the matter.. Receiving no response, the public hear-
ing was closed at 7:10 p.m.
A brief discussion was held on the remainder parcel with
regard to a lot merger between Lots 122 and 123 , and whether
or not this should be added as a condition.
Motion by Commissioner Brinley to recommend to City Council
re-affirmation of Negative Declaration 89-19 and approval of
Tentative Parcel Map 25586 based on the Findings and subject
to the 33 Conditions of Approval listed in the Staff Report
with the following amendments:
Condition No. 10: Class II bicycle lane to be provided
along Casino Drive. DELETE
Condition No. 26: A six (6) foot decorative masonry wall
shall be constructed along the Casino
Drive frontage. Precise design, ma-
AG ITE,i IUD.
�
��--.^-
Pk4_ C5_
}
Minutes of Planning Commission
November 7, 1990
Page 2
ENTATIVE PARCEL MAP 25586 CONTINUED
terials, color and location to be
determined through the Minor Design
Review process. DELETE
Condition No. 34: A Lot Merger for Lots 122 and 123 shall
completed.
Second by Commissioner Wilsey.
Approved 4-0
2. 7entative Tract Map 25830 - Homestead Land Developmen -
Community Development Director Gunderman presented a re est
to subdivide a 36 plus/minus acre site of vacant propert into
139 single-family residential lots and 1 lot as a sew lift
station. The site is bounded by the Tuscany Hills evelop-
ment,\Tentative Tract Map 25074 on the east and outh, by
Greenwa;d Avenue on the north, and by low density r nch style
homes on the west.
Community Development Director Gunderman nformed the
Commission f the letter received from Homeste d Development,
dated Nove er 7, 1990, addressing gradin of the site;
Stephens ' kan\aroo rat with regard to a ection 7 Permit
issued by the Fish & Wildlife Servic , and applicant's
requested modition to the Conditions f Approval.
Community Devent Director Gunderm stated for the most
part, staff agrees ith the modificati ns as requested by the
applicant. He then ommented on the rading of the site and
the plan being modified to reduce a amount of grading by
approximately 45% (560 000 cubic y ds) , reference condition
number 44, and recommen ed that t is condition remain.
Community Development P rect9r Gunderman informed the
Commission of the letter re eiv d from John Giardinelli, dated
November 7, 1990, represen i g Linda Wynn and Robert Dyer
property owners of 20 acres djacent to this tract. Their
concerns are:
1. Property being andlo ed, with the
proposed map and t e projects
approved for Tuscany Hi ls, as my
clients hav utilized a 14 foot dirt
road from. Greenwald on o their
property or the last 30 ye s, and
in our view, this beco es- a
prescri tive easement.
2 . Grading and drainage--relating to
acc ss rights for draina
cop action, movement of dirt, ent
oho property.
Vice Chairman Gilenson opened the public hearing t 7:17 p.m. ,
asking f r anyone wishing to speak in favor.
Mr. St ve Heinsohn, Director of Land Acquisition, omestead
Land development, stated that essentially they ag ee with
staff recommendation and Mr. Gunderman's comments. ferred
to his letter of November 7, 1990, addressing the conditions--
which essentially eliminates repetitive conditions and
combines certain conditions.
Mr. Heinschon stated in conversations with staff, subseque t
to the letter of November 7th, they have reached an agreemen
AGENDA ITEM
n-
PLANNING DIVISION
REPORT TO
PLANNING C0MMISSION
Public Hearing
TPM 25586
November 7, 1990
PREPARED BY: "��-� APPROVED BY:
o Dave G derman
Assistant Planner Comm. ev. Dir.
OWNER APPLICANT
Butterfield Engineering and Surveying
565 Chaney Street, Suite F
Lake Elsinore, California 512330
REQUESTED USE
Tentative Parcel Map 25586 to subdivide 1.25 acres into four (4)
residential parcels.
SIZE AND LOCATION
1.25 acres located at the northerly termini of Avenues 9 and 10.
ENVIRONMENTAL BETTING
EXISTING LAND USE ZONING GENERAL PLAN
Project Site - Vacant R-1 Low Density
Residential
North - Vacant R-3 High Density
Residential
East - Vacant C-1 Neighborhood
Commercial
South - Vacant C-2 General
Commercial
West - School Site
BACKGROUND
This proposed Tentative Parcel Map overlays a portion of
Residential Project 89-8. Residential Project 89-8 was approved by
the Commission in June of 7.989, and has since been granted a one
(1) year design review extension. Residential Project 89-8 is a
seventy-five (75) unit single-family project located on
approximately seventeen (17) gross acres.
The proposed Tentative Parcel Map is necessary for the construction
of dwelling units on the four (4) proposed parcels.
TENTATIVE PARCEL MAP
Lot Size Street Fronta e
The minimum lot area for the R-1 zone is 6,000 square feet, for
interior lots. Since no intersection exists within the boundaries
of the proposed parcel map, all the parcels are considered
interior. All of the proposed parcel sizes and street frontage
widths are provided in the following matrix:
AC-GNDA'
F. ��
Public Hearing
TPM 25586
November 7, 1990
Page 2
Parcel Number Size (square a Frontage (fe tl
1 10,814 25 (flag lot)
2 7,946 70
3 7,708 110
4 6,495 170
The minimum street frontage for standard interior lots is sixty
(60) feet. For flag lots the Lake Elsinore Municipal Code requires
twenty-five (25) feet of street frontage. Tentative Parcel Map
25586 conform with all lot standards in the City of Lake Elsinore
Municipal Code.
Circulation Access
Circulation and access for Tentative Parcel Map 25586 will be taken
from the northerly termini of Avenues 9 and 10, and the connector
between. No access will be taken form Casino Drive.
Remainder Parcel
The area proposed for the parcel map is a portion of Unit 5 of the
1930 's Elsinore Heights Tract. A portion of Lot 123 of Unit 5 will
be a remainder parcel. After a lot merger between Lots 122 and
Lots 123 is completed, a 6, 616 square foot parcel will result.
Zoning Consistency
The proposed parcel map is in conformance with the R-1 (Single-
Family Residential) development Standards.
General Plan Consistency
The General Plan designation for the proposed site is Low Density
Residential which allows 0-6 dwelling units per acre. The
Tentative Parcel Map contains 1.25 acres and proposes four (4)
residential parcels. This provides a density of approximately 3
units per acre (gross) .
ENVIRONMENTAL
Negative Declaration 89-19 was approved for Residential Project
89-8. That Environmental Assessment is attached, and it identifies
no significant impacts. No additional environmental impacts are
anticipated as a result of the proposed parcel map application.
The Conditions of Approval for Residential Project 89-8 are
attached, and have been incorporated by reference in the Conditions
of Approval for Tentative Parcel Map 25586.
RECOMMENDATION
It is recommended that Planning Commission recommend to City
Council re-affirmation of Negative Declaration 89-19 and approve
Tentative Parcel Map 25586 based on the following Findings and
subject to the attached Conditions of Approval.
FINDINGS
1. The proposed subdivision, together with the provisions for its
design and improvement, is consistent with the General Plan
and any applicable Specific Plan. The proposed subdivision or
land use is compatible with the objectives, policies, general
land uses and programs specified in the General Plan and any
applicable Specific Plan. (Government Code Section 66473.5)
AGEtZA IT E-1.1 fr 1,
Public Hearing
TPM 25586
November 7, 1990
Page 2
2. The Planning Commission has considered the effects of its
action upon the housing needs of the region and has balanced
these needs against the public service needs of its residents
and available fiscal and. environmental resources. (Government
Code Section 66412.3)
3. The design of the subdivision provides to the extent feasible,
for future passive or natural heating or cooling opportunities
in the subdivision. (Government Code Section 66473.1)
4. The Planning Commission shall determine whether the discharge
of waste from the proposed subdivision into the existing sewer
system would result in a violation of the requirements as set
out in Section 13000 et: seq. of the California Water Code.
If the Planning Commission finds that the proposed waste
discharge would result in or add to a violation of said
requirements, the Planning Commission may disapprove the
tentative map or maps of the subdivision. (Government Code
Section 66474.6)
5. The proposed subdivision, together with the provisions for its
design and improvement, is consistent with the City of Lake
Elsinore Subdivision Ordinance.
/cM
AGENDA {TENA NO—Z3—
PAGE Or�--
CONDITIONS OF APPROVAL FOR RESIDENTIAL ROJ $9-8
Planning Division
I. Design review approval for Residential Project 89-8 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. Applicant shall meet all Conditions of Approval prior to the
issuance of a Certificate of Occupancy and release of utili-
ties.
7. Utility releases and Certificates of Occupancy shall be
granted for logical blocks or groups of units for which
construction activity is complete and all Conditions of
Approval met. Construction activities shall be completed for
all units in each block prior to any releases. Residences
shall not be occupied or temporary electrical connections
used for residential purposes prior to issuance of a
Certificate of Occupancy.
8. All structures shall meet setback requirements.
Architectural projections, such as stairways may encroach
only four-feet (41 ) into required setback areas, and no
closer than three-feet (31 ) to a property line.
9. A revised site plan and elevation plan shall be submitted to
the Planning and Building Departments by the applicant prior
to Building Division issuance of permits which reflects all
conditions of approval. These revised plans shall become the
approved plot plan only upon the review and approval by the
Community Development Director or his designee.
10. The building address shall be a minimum of six-inches (5")
high and shall be easily visible from the public
right-of-way. The address (in numerals at least six-inches
(611) high) shall be displayed near the entrance and be
visible from the front of the unit.
11. A final grading plan shall be submitted and shall be subject
to the approval of the Chief Building Official.
12. 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.
l
CONDIT O Qf APPROVAL �: N' PROJECT 89_8-8 O
13. Applicant shall comply, with the City's Noise Ordinance.
Construction activity shall be limited to the hours of 7 a.m.
to 5 p.m. Monday through Saturday to protect -adjacent
occupants from unreasonable noise and glare associated with
construction.
14. Applicant is to meet all applicable City Codes and Ordinances.
15. All signage shall be by City Permit.
16. Trailers utilized during construction shall be approved by
Planning Division.
17. Prior to the issuance: of building permits, applicant shall
pay park-in-lieu fees in effect at time of building permit
issuance.
IS. Prior to issuance of building permits, applicant shall pay
school fees to the Lake Elsinore Unified School District.
19. 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.
20. 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.
21. Applicant shall use roofing materials with Class "A" fire
rating.
22. All exterior downspouts shall be painted to match the
building.
23. Forced air ventilation is required in all units. Wall
mounted air conditioners shall not be used.
24. All ground support air conditioning units or other mechanical
equipment incidental to development shall be architecturally
screened or shielded by landscaping so that they are not
visible from neighboring property or public streets.
25. Any proposed metal mailbox shall be treated to blend with the
subdivision's design theme. Mailbox plans shall be submitted
for approval prior to issuance of building permits, and shall
be subject to the approval of the postal service and the
Community Development Director or his designee.
25. Applicant shall annex: project into the City's Landscape and
Lighting District.
27. The final landscaping/irrigation plan is to be reviewed and
approved by the City's Landscape Architect Consultant for a
fee, determined by the: Planning Division, and the Community
Development Director or his designee.
a) All planting areas shall have permanent and automatic
sprinkler system with 1004 watering coverage.
b) Applicant shall plant street trees, selected from the
City's Street Tree List, a maximum of 30-feet apart
and at least 15-gallon in size.
CONDITIONS OF APPROVAL F_QR RESIDENTIAL ROJEC _9-8 CON
IINUEp
c) All planting areas shall be separated from paved
areas with a six-inch (6") high and six-inch (6")
wide concrete curb.
d) Planting within fifteen feet (151 ) of ingress/egress
points shall be no higher than thirty-six inches
(36") .
e) Any transformers and mechanical or electrical
equipment shall be indicated on landscape plan and
screened as part of the landscaping plan.
f) The landscape plan shall provide for ground cover,
shrubs, and trees and meet all requirements of the
City's adopted Landscape Guidelines.
g) All landscape improvements shall be bonded 120%
Faithful Performance Bond, and released at completion
of installation of landscape requirements
approval/acceptance, and bond loot for material and
labor for one (1) year.
h) All landscaping and irrigation shall be installed
within affected portion of any phase at the time a
Certificate of Occupancy is requested for any
building.
i) Final landscape plan must be consistent with approved
site plan.
j) Final landscape plans to include planting and
irrigation details.
k) Final landscape plans shall include the model homes
and the layout of the off-street parking lot.
28. 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.
29. Applicant shall plant street trees on each lot, selected from
the City Street Tree List, 30 feet apart and at least 15
gallon in size. A single species shall be used for each
street and shall incorporate solar subdivision design
principals. The planter island within the driveway area may
not encroach into public right-of-way. Plan shall be
submitted to the Community Development Director or his
designee for approval.
30. A six-foot (61) high decorative masonry wall shall be
constructed along the tract perimeter and shall conform to
Section 17. 14. 080 (Fences and Walls) , subject to the approval
of the Community Development Director.
31. Adjacent to a street right-of-way required fences shall be
constructed of decorative block, brick, or stucco, or similar
decorative masonry material.
32. Fences located in any front yard shall not exceed thirty-six
inches (36") in height with the exception that wrought-iron
fences may be five feet (51 ) in height. Chain link fences
shall be prohibited.
33. Garage shall be constructed to provide a minimum of
nine-feet-six-inches by twenty-feet (916" x 201 ) of interior
clear space for two cars for a total interior clear space of
nineteen by twenty-feet (19'x 201) .
34. Tubular fence shall be replaced by a wood or masonry brick
wall before models are sold or occupied.
CONDITIONS QF &PPROVAL R RESIDENTIAL #PROJECT 89-$ CONJJNuED
35. Tubular steel fence that surrounds models shall be
constructed behind public sidewalk, and subject to the
approval of the Community Development Director_ or his
designee.
36. Applicant to submit final building plans which show well
fitted, well weatherstripped, sound related assemblies. All
window and door assemblies shall have a Sound Transmission
Class (STC) necessary to reduce interior noise levels to 45db
CNEL or below.
37. Prior to commencement of grading operations, applicant to
provide to the City, a map of all proposed haul routes to be
used for movement of export material. Such routes shall be
subject to the review and approval of Public Works
Department.
38. Applicant to provide to the City a photographic baseline
record of the condition of all proposed public City haul
roads. In the event of damage to such roads, applicant shall
pay full cost of restoring public roads to the baseline
condition.
39. Applicant shall stripe a Class 11 bicycle lane to Cal Trans
specifications along Casino Drive.
40. The roof system of all units should consist of one layer of
one-half inch (1/211) plywood sheeting, well fitted to form a
continuous barrier to the traffic noise. At least R-11
insulation should be placed in the attic space.
41. 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.
42. Related lot line adjustments and lot mergers shall comply
with the State of California Subdivision Map Act and to all
the requirements of the Lake Elsinore Municipal Code
(L.E.M.C. ) , Title 16, unless modified by the Conditions of
Approval, and reflected in the plot plan.
43. Applicant shall record CC & R's for the project prohibiting
street storage of boats, motorhomes, trailers, and trucks
over one (1) ton capacity. CC & R's shall also include
screening of any ground based disc, no roof mounted or front
yard satellite discs to be allowed. The CC & R's shall be
subject to the approval of the Community Development Director
or his designee prior to recordation of any deeds or record
of survey. CC & R's shall be recorded prior to issuance if
any Certificates of Occupancy for the units in Residential
Project 89-8. Any modification or amendment to the CC & R's
shall be subject to the review and approval of the City
Attorney and the Community Development Director or his
designee.
44. Applicant shall construct infrastructure and circulation
systems necessary to serve individual lots prior to the
issuance of Certificate of Occupancy for those individual
units, or nay release of model homes. Sufficient off street
parking shall be provided to serve any model complex
established.
45. Lots created or recreated at the cul-de-sac of Avenue 11 will
require a partial street abandonment of Mill Street
right-of-way. The acquisition of this property will be
subject to the standard surplus property procedures as
`� = .�
CONDITIONS DF PPROVAL 7OR ESI ENTIAL ROJEC 9-8 1;pN'I HUED
Provided on the Lake Elsinore Municipal Code. In the event
that the property is not acquired by the applicant any
modification of this project will be subject to the review
and approval of the Director of Community Development or his
designee.
nMineering DMLZLnent
46. Construct all public works improvements per approved street
Plans (Municipal Code, Title 12) , which must be a oved and
signed by the City Engineer prior to approval ofrfinal map
(L.E.M.C. 16.34) .
47- Street improvement plans and specifications shall be prepared
by a civil engineer and improvements shall be to Riverside
County Road Department standards and City Codes (L.E.M.C.
12. 04 and 16.34) .
48. Pay all fees and meet requirements of encroachment permit
issued by the Engineering Department for construction of
public works off-site improvements (Municipal Code, Title 12,
Chapter 22.08 and Resolution No. 83-78) .
49. Dedicate underground water rights to the City (Municipal
Code, Title 12, Chapter 16.52.030) .
50. Submit a letter of verification (will serve letter) to the
City Engineering Department, from the applicable water
district, stating water and sewer arrangements have been made
for this project prior to final map approval.
51. All lot drainage shall be conveyed to a public facility or
accepted by adjacent property owners by a letter of drainage
acceptance or conveyed to a drainage easement.
52. Pay all Capital Improvement and Plan Check fees (Municipal
Code, Title 16, Chapter 16.34; Resolution No. 85-26) .
53. All natural drainage traversing site shall be conveyed
through site or provided for by a method approved by the City
Engineer.
54. All public work requirements shall be complied with as a
condition of development as specified in the Lake
Elsinore
Municipal Code.
55. All compaction reports, grade certifications, monument
certification (with tie-notes delineated on 8-1/2" x 11',
mylar) shall be submitted to Engineering Department before
final inspection of off-site improvements will be scheduled
and approved.
56. Provide fire protection facilities as required in writing by
Riverside County Fire Department.
57. Provide street lighting and indicate on street improvement
plans as required by City Engineer.
58. Enter into a subdivision agreement with the City for off-site
improvements and post appropriate bonds.
59. Contribute $190. 00 for the City-wide Entry Sign Program.
60. All streets shall have 50 foot of right-of-way with 40 foot
curb-to-curb and a 5 foot public utility easement on each
side of the street.
61. Mill Street from Casino to Avenue 11 shall have a 66 foot
right-of-way with 48 foot curb-to-curb.
AC
}
CONDITIONS OF APPROVAL FOR USIDEETAL PROJECT 89-g CONTIMMD
62. No lots shall have access to Casino Drive or Mill Street from
Avenue 11 to Casino Drive.
63. All streets shall be fully improved except Avenue 9 anea which(30
shall provide a parking lane and two (2) travel
foot) .
64. Avenue 12 terminus shall be a fully improved standard
cul-de-sac.
65. Applicant shall obtain. all necessary off-site easements for
off-site grading from adjacent property owners prior to
grading. Erosion control planting and irrigation shall also
be provided.
66. Submit Hydrology and Hydraulic Reports for review and
approval by City Engineer prior to approval of final map.
Developer shall mitigate any flooding and/or erosion
downstream caused by development of site and diversion of
drainage.
67. Storm drain system shown on grading plan shall outlet into a
public facility or by a method approved by the City Engineer.
68. Intersection of Avenue 12 and Parkway shall be a standard
knuckle.
69. Applicant shall acquire city property necessary for Mill
Street extension and cul-de-sac for Avenue 12 prior to
acquiring any grading permits or performing any grading on
project site.
70. All existing public right-of-way shall be abandoned prior to
any grading operations.
71. Developer shall cooperate with the design, construction and
financing of a storm drain through the project site to an
approved public facility off-site to the satisfaction of the
City Engineer and mitigate downstream erosion.
72. Applicant should be aware that acquiring city property is a
public bidding process and the property must be declared
surplus by the City Council. Applicant needs to start
process to declare property surplus.
73. Developer shall agree to participate in a benefit assessment
district to design and construct traffic circulation
improvements as recommended in the Kunzman Associates Casino
Drive, Pottery Street. and Franklin Street Cumulative
Development Traffic Study.
74. If a benefit assessment district reimbursement district is
not formed, the developer agrees to pay pro-rats share for
traffic circulation improvements recommended by Kunzman
Associates Traffic Study which include the following:
a) Widening the bridge at Casino Drive and San
Jacinto River.
b) Traffic signals at Casino Drive and Elm Street.
c) Traffic signals at Lakeshore Drive and Elm Street.
d) Traffic signals at Pottery Street and Main Street.
75. Have a record of survey filed and recorded prior to any
residential lots changing ownership.
76. Lots being created north of Avenue 9 (or Avenue 10) shall be
shown as not a part or remainder part of Elsinore Heights
Tract Unit #5 and a parcel ma must be filed to subdivide
site.
O
! 1
i
CONDITIONS OF APPROVAL ya S DENTIAL ROJ O
77. Lots being created west of Avenue 12 and east of Mill Street
shall be shown as not a part or remainder part Heights Tract of Elsinore
Unit #5 unless a Certificate of Compliance is
filed providing information that this area was
to acreage with not reverted
State Highway 77 right-of-way acquisition.
78. Street vacation shall be completed prior to grading permit.
79. A full knuckle shall be constructed connecting Avenue 9 and
Avenue Io. The right-of-way off-site shall be acquired prior
to first building permit.
SO. Lot Line Adjustment shall be recorded for Lot 138 and Lot 137
to building permit for this lot.
81. Lot Merger for Lot 131 and Lot 136 shall be recorded prior to
building permit,
r�D.r:
KLEPEI VEU —
Negative Declaration No. g9- '.. APR 4 1989
project:
Planning
CITY4€ T �xo
MIRONMENTAL ASSESSMENHI
i. Developer or Project:
contact Person: 0
Address:
City: r Zip:_ 6
Telephone Number: (7j-4 -54n-6060
2. Environmental Information Prepared by: nartr> Ax ES
Address:
city: Zip: a22�—
Telephone Number: ( .714 )�r,en-GQAn
3. Proposed Project
Title: rT STNnPR TmTnHT,c vxCTnryTAT
Location:_nFTwrTni msiwn L Tan SHORE
Total site acreage: Gross: 13 Net: 9.7
For Residential Project:
Number of units:_25
Dwelling units per acre:_7,g__�
'Unit sizes (square feet) :_ i GO1 rT_ 1 631 Sn- FT_
Attach brief description of proposed project, including
intended use, and phasing of project, or if present
project is a phase or portion of a larger project.
4. List and describe any other related permits and other
public approvals required for this project, including
those required by local, regional, state, and federal
agencies, not including approvals from the City, fire
department, sheriff's department, and Elsinore Valley
Municipal Water District.
5. Environmental Setting:
Attach a description of the existing environmental
setting of the project site and surrounding pro-
perties, including information on topography, geo-
logy, soil stability, plants, animals, and any
cultural, historical, or scenic aspects.
GENERAL
EXISTING LAND USE . ZONING PLAN
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Surrounding
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33
o .4 �4 •• AGENDA 1 o EM t�'J..�
ws ��
• OF �—�.
ZV ,.
3. The project consists of 75 single family detached units.- The
phasing depending on the market should be built in-three phases.
The project is part of a larger 25 acre site, with 10 acres of commercial between the house and Lakeshore.
4. There will be no other public approvals required by local
regional, state and federal agencies.
5. The environmental setting generally slopes downward towards
the south and is covered by moderate weed growth. The existing
elevations on the site range from about 1280 to 1340 feet.
The predominatly granular soils on the site are generally
considered to be nonexpansive. There is no zeal cult '. ,
historical or scenic aspects to this site.
6. A. The solar access rights of the adjacent prop e ty owners
will not be affected because the single family residers will
be no higher than two stories.
B. We anticipate solar systems designed into the house if
feasible.
C. other energy conservation measures would include double
glazing windows and extra insulation upgrades from R-11 to
R-19.
r ty regarding impact of pr,.oject:
Summary of contact wittf�
Tract Unit #5, Lake Elsinore
1) Parks and recreation Norma Johnson states that new development would
have some impact. Any problems that might be created
Norma Johnson would be mitigated by new recreational facilities
252 N. Main St. (baseball diamonds, fields, play equipment) that
-Lake Elsinore, Ca 92330 would accompany the construction of new schools at
Winthrow Park and especially at Railroad Canyon.
674-6941 .
2) Police Protection Letter sent requesting statement per request of
Sherriffs department. (see attached)
Riverside County Sheriff
Deputy Snijders
Lake Elsinore Station
117 S. Langstaff
Lake Elsinore, Ca 92330 r _
674-3171 V�
3) Schools Sheri Dobbins calculates the i t on school
facilities as follows:
Sheri Dobbins 85
545 Chaney St. - 85 (## of homes) X .4 new student allowance (34)
Lake Elsinore, Ca 92330
The negative impact is relieved by charging developer
674-7731 ext. 273 $ .75 per square foot of new construction by both
the Lake Elsinore High School District and the Lake
Joe Enserro Elsinore School District (Elementary)
129 Graham
Lake Elsinore, Ce 92330
674-8771
4) Fire Protection Riverside County Master Plan requires one engine/
station per 2000 units. Dave Bolland of the Planning
.� Department of Lake Elsinore states that although
Riverside County Fire 85 new homes would not trigger requirement for new
Planning S Engineering station mitigation fees would be required,according
Wes Alston to a county fee schedule,amounting to about $ 400.00
per dwelling (which is negotiable).
787-6606
5) Public Works As project goes through current Design Review
process impact on various areas as roads, traffic
Martin Wilkins etc... is addressed on a case by case basis.
Associate Planner
130 S. Main Street
Lake Elsinore, Ca 92330
674--3125 '
rt-�
1_ B. There will be quite a bit of grading, cutting the lower
portion and filling the above portion.
C. The change in topography will enable the site to be build-
able.
3. B. The absorption rate will change because of the street
improvements and landscaping, the water course will still
be funneled down to Lakeshore and South.
5. A. & B. The animal life is limited to squirrels which will
relocate when we start grading. The Kangaroo Rat is an en-
dangered species in the area, enclosed is a study.
11. The human population will increase to about 300.
. 13. A. There will be some additional vehicular movement but wi11.
be mitigated through new road improvements, see Kunzman traffic
study dated November 1988.
14. Public services - see attached summary.
15. This proposal will result in additional utilities. We will
bring all utilities to the site, all are in existence.
REPORT TO CITY COUNCIL
DATE: November 27, 1990
SUBJECT: Community Facilities District 88-3
Prepared by:
Vicki Kasad
City Clerk
BACKGROUND
As you are aware, the election for Community Facilities District
88-3 (West Lake Elsinore) was held on November 14, 1990. Of the
nine elegible property owners, eight voted; the vote was unanimous
in support of the District.
As follow-up to that election, Bond Counsel George McFarlin has
prepared the attached Resolutions and Ordinance which: 1) Certify
the Election Results (Resolution 90-119) , 2) Authorize the Levy of
Taxes (Ordinance 907) , and 3) Authorize filing of the Court
Validation Action (Resolution 90-120) .
RECOMMENDATION
Adopt Resolutions 90-119 and 90-120; and Ordinance 907.
AGENDA ITEM NO.
PAGE OF
RESOLUTION NO. 90-119
RESOLUTION NO. 90-120
ORDINANCE NO. 907
WERE NOT RECEIVED AT TIME OF PRINTING. THESE DOCUMENTS WILL BE
PROVIDED PRIOR TO CITY COUNCIL CONSIDERATION.
AGENDA ITEM NO.
PAGc-2-- OF-a-�
RESOLUTION NO. 90-119
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE AUTHORIZING THE
FILING OF A VALIDATION ACTION WITH RESPECT
TO THE VALIDITY OF THE ORDINANCE
AUTHORIZING THE LEVY OF THE SPECIAL TAX
WITHIN COMMUNITY FACILITIES DISTRICT NO.
88-3 (WEST LAKE ELSINORE) , AND ALL
PROCEEDINGS LEADING UP TO THE ADOPTION OF
SUCH ORDINANCE
WHEREAS, the City Council (the "City Council" ) of
the City of Lake Elsinore (the "County") has heretofore on
December 26, 1989, duly adopted a Resolution establishing City
of Lake Elsinore Community Facilities District No. 88-3 (West
Lake Elsinore) (the "District") and approving the Rate and
Method of Apportionment of Special Tax to pay for certain
public facilities within such Community Facilities District
all under and pursuant to the terms and provisions of the
"Mello-Roos Community Facilities Act of 1982" (the "Act" ) ,
being Chapter 2. 5, Part 1, Division 2, Title 5 of the
Government Code of the State of California; and
WHEREAS, the City Council of the County has
heretofore on December 26, 1989, duly adopted a Resolution
declaring the necessity to incur a bonded indebtedness in the
amount of $30, 000, 000 to pay for all or a portion of the
public facilities within the District; and
WHEREAS, on November 14 , 1990 an election was held
within the District in which the qualified electors approved
by more than a two-thirds vote the consolidated proposition of
incurring bonded indebtedness, levying a special tax and
establishing an appropriations limit within the District; and
WHEREAS, an Ordinance (the "Ordinance") authorizing
the levy of a special tax within the District has been
introduced at a regular meeting of the City Council of the
County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, AS FOLLOWS:
AGENDA ITEM NO, 1
PAGE OF ,.
Section 1. All of the above recitals are true and
correct.
Section 2 . The City Council hereby resolves that
the firm of Orrick, Herrington & Sutcliffe, as bond counsel
with respect to the District, be authorized to file, pursuant
to Section 850 et seg. of the Code of Civil Procedure of the
State of California, a validation action with respect to the
validity of the Ordinance authorizing the levy of the special
tax within the District, and all proceedings leading up to
adoption of the Ordinance, in conjunction with the City
Attorney of the City of Lake Elsinore.
Section 3 . This Resolution shall be effective upon
adoption.
PASSED, APPROVED and ADOPTED this 27th day of
November, 1990.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT• COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
GAR ,' M. WASHBURN, MAYOR
ATTEST:
VICKI LYNNE KASAD, CITY CLERK
APPROVED AS TO FORM AND LEGALITY:
JOHN R. HARPER, CITY ATTORNEY
AGENDA ITEM NO.
2 PAGE OF
3189a5
RESOLUTION NO. 90-120
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE DETERMINING THE
RESULT OF THE SPECIAL ELECTION HELD IN CITY
OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 88-3 (WEST LAKE ELSINORE) ON
NOVEMBER 14, 1990
WHEREAS, the City Clerk of the City of Lake
Elsinore, as the designated election official (the "Election
Official" ) , has duly canvassed the votes cast in the City of
Lake Elsinore Community Facilities District No. 88-3 (West
Lake Elsinore) (the "District") at the special election held
in the District on November 14, 1990, by the landowners of the
District upon the proposition hereinafter set forth, and has
certified to the City Council of the City of Lake Elsinore
(the "City Council") the result of the votes cast at such
election upon said proposition, which said Certification of
the Election Official (the "Certification") is attached hereto
as Exhibit A;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, AS FOLLOWS:
Section 1. At the special election held on
November 14 , 1990 in the District the following proposition
was submitted to the qualified electors, being the landowners
in -the District, as follows:
PROPOSITION (A) : Shall City of Lakp 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
AGENDA ITEM NO.
PAGE OF
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?
Section 2 . The canvass of the votes cast in the
District, including the total number of votes cast for and
against such proposition at the special election held in the
District on November 14, 1990 as shown by the Certification,
is hereby approved and confirmed.
Section 3 . Based on the Certification, the City
Council finds and determines that more than two-thirds (2/3)
of all the votes cast at such special election were cast in
favor of such proposition, and such proposition passed.
Section 4 . The City Council further finds and
determines that the facilities to be financed by the District
are necessary to meet increased demand placed upon the City
and other local agencies as the result of development or
rehabilitation occurring in the District .
Section 5 . The City Clerk is hereby directed to
enter this resolution on the minutes of the City Council,
which shall constitute the official declaration of the result
of such special election.
Section 6 . The City Clerk is further directed to
file for recordation in the office of the County Recorder of
the County of Riverside the NOTICE OF SPECIAL TAX LIEN
prepared by Bond Counsel to the City for the District within
15 days of the determination of the City Council that the
requisite two-thirds of votes cast in the election held in the
District are in favor of levying the special tax, as provided
in Section 53328 .3 of the Mello--Roos Community Facilities Act
of 1982, being Chapter 2 . 5 of Part 1 of Division 2 of Title 5
(commencing with Section 53311) of the California Government
Code.
Section 7 . This Resolution shall be effective upon
adoption.
AGENDA ITEM NO. �--
2 PAGE OF
318 _S_
PASSED, APPROVED and ADOPTED this 27th day of
November, 1990.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
GARY M. WASHBURN, MAYOR
ATTEST:
VICKI LYNNE KASAD, CITY CLERK
APPROVED AS TO FORM AND LEGALITY:
JOHN R. HARPER, CITY ATTORNEY
AGENDA ITEM NO.
318985 3 PAGE O
Exhibit A
CERTIFICATE OF CITY CLERK
State of California )
ss.
County of Riverside )
I , VICKI LYNNE KASAD, City Clerk of the City of Lake Elsinore,
acting as designated election official, do hereby certify
that, pursuant to a Resolution adopted by the City Council of
the City of Lake Elsinore on October 9, 1990, I did conduct a
Special Election for Community Facilities District No. 88-3
(West Lake Elsinore) for the Special Bond and Special Tax
Election on November 14 , 1990 and that said election was
conducted by mailed ballot to the landowners of said Community
Facilities District.
I further certify that the following shows the full text of
the measure submitted to the voters at said election held on
November 14 , 1990, and the full and true totals of all votes
cast for and against said measure.
PROPOSITION (A) : 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?
YES NO
TOTAL VOTES CAST 1101 0
Dated: November 1990
Vicki Lyn Kasad, City,Clerk
Acting As Election Official
AGENDA ITEM NO.
PAGE-1 OF
A- 1
ORDINANCE NO. 907
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, STATE OF CALIFORNIA,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
COMMUNITY FACILITIES DISTRICT NO. 88--3
WHEREAS, on November 14, 1989, the City Council of
the City of Lake Elsinore, State of California (the "City
Council") , adopted Resolution No. 89-64 stating its intention
to form Community Facilities District No. 88-3 (West Lake
Elsinore) of the City of Lake Elsinore, State of California
i
(the "District") pursuant to Chapter 2 . 5 of Part 1 of Division
2 of Title 5 (commencing with Section 53311) of the California
Government Code, commonly known as the "Mello-Roos Community
Facilities Act of 1982" (the Act") ; and
WHEREAS, on November 14, 1989 , the City Council also
adopted Resolution No. 89-65 stating its intention to incur
bonded indebtedness in an amount not to exceed $30, 000, 000
within the District for the purpose of financing all or a
portion of the acquisition and construction of public
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" ) to serve the area within the
District; and
WHEREAS, notice was published as required by law
relative to the intention of the City Council to form the
proposed District and to incur bonded indebtedness in an
amount not to exceed $30, 000, 000 within the boundaries of the
District; and
WHEREAS, on December 26, 1989 , the City Council held
a noticed public hearing as required by law to determine
whether it should proceed with the formation of the District
and authorize the rate and method of apportionment of a
special tax to be levied within the District for the purpose
AGENDA ITEM NO.
PACE OF
of paying for the Facilities and the costs associated with the
bonds proposed to be issued to finance the Facilities,
including the principal of and interest on the proposed bonds;
and
WHEREAS, at said hearing all persons desiring to be
heard on all matters pertaining to the formation of the
District and the levy of the special tax were heard and a full
and fair hearing was held; and
WHEREAS, at the end of the public hearing the City
Council duly adopted a Resolution which established the
District, determined the validity of prior proceedings
relative to the formation of the District and the incurring of
bonded indebtedness, authorized the levy of a special tax
within the District, and called an election within the
District on the propositions of incurring bonded indebtedness,
levying a special tax and establishing an appropriations limit
within the District; and
WHEREAS, at the end of the public hearing the City
Council adopted a Resolution which determined the necessity of
incurring bonded indebtedness in an amount not to
exceed $30, 000, 000; and
WHEREAS, due to the concurrent processing of the
land within the District for subdivision approvals and the
negotiation of development agreements and financing parameters
with the various parties to the financing, and in response to
the request of certain owners of property within the District,
the City on October 9, 1990 adopted a Resolution which
canceled and postponed all elections previously scheduled and
rescheduled such election to November 14, 1990; and
WHEREAS, on November 14 , 1990, an election was held
within the District in which the qualified electors approved
by more than a two-thirds vote the propositions of incurring
bonded indebtedness, levying a special tax and establishing an
appropriations limit within the District;
AGENDA ITEM NO.__s�..;._....
2 PAGE OF
3189a5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, AS FOLLOWS:
Section 1. The above recitals are all true and
correct and this City Council so finds and determines .
Section 2 . By the passage of this ordinance, the
City Council authorizes the levy of a special tax pursuant to
the rate and method of apportionment set forth in Exhibit "A"
attached hereto and incorporated by reference herein.
Section 3 . The City Council is hereby further
authorized each year by Resolution to determine the specific
special tax rate and amount to be levied for the next fiscal
year, except that the special tax rate to be levied shall not
exceed that set forth in Exhibit "A" hereto, but the special
tax may be levied at a lower rate.
Section 4 . Properties or entities of the state,
federal or other local governments shall, except as provided
in Sections 53317.3, 53317. 5 , and 53340 . 1 of the Act, be
exempt from the above-referenced and approved special tax.
Section 5 . All of the collections of the special
tax shall be used as provided for in the Act and the
Resolution of Formation adopted on December 26 , 1989 . The
special tax shall be levied only so long as needed for its
purpose as described in said Resolution.
Section 6 . The above authorized special tax shall
be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same
penalties and the same procedure, sale and lien priority in
case of delinquency as is provided for ad valorem taxes , as
such procedure may be modified by law or by the City Council
from time to time.
Section 7 . As a cumulative remedy, if any amount
levied pursuant hereto as a special tax for payment of bond
interest or principal together with any penalties and other
charges accruing under this ordinance are not paid when due,
the City Council may, not later than four years after the due
AGENDA ITEM NO._M5_L
3189a5 3 PAGE OE_41L
date of the last installment of principal, order that the same
be collected by an action brought in the superior court to
foreclose any lien therefor.
Section 8 . The Mayor shall sign and the City Clerk
shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published and posted pursuant
to the provisions of law in that regard and this Ordinance
shall take effect thirty (30) days after its final passage.
Section 9 . The City Clerk of the City of Lake
Elsinore is hereby directed to publish this ordinance once
within fifteen (15) days following its adoption in The
Press-Enterprise, a newspaper of general circulation in the
area of the District .
Section 10 . This ordinance shall be in full force
and effect 30 days after its adoption.
PASSED, APPROVED and ADOPTED this 27th day of
November, 1990 .
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ASSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
GARY M. WASHBURN, MAYOR
ATTEST: '
VICKI LYNNE KASAD, CLERK CLERK
APPROVED AS TO FORM AND LEGALITY:
JOHN R. HARPER, CITY ATTORNEY
AGENDA ITEM NO..,, -
4 PAGE OF,
318 9 a 5
i
EXI3IBIT A
RATE AND METHOD OF APPORTIONMENT FOR
PROPOSED COMMUNITY FACILITIES DISTRICT
NO. 88-3 OF THE CITY OF LAKE ELSINORE
(WEST LAKE ELSINORE)
A Special Tax (the "Special Tax"). shall be levied on and
collected from each parcel in Special Tax Area A and Special Tax
Area B of Community Facilities District No. 88-3 in each Fiscal
Year, commencing July 1, 1990, in an amount determined by the
City Council of the City of Lake Elsinore through the application
of the appropriate Special Tax for "Developed Property" and
"Undeveloped Property" as described below. All of the property
in CFD No. 88-3, unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent and in the
manner herein provided.
A. Definitions.
The terms hereinafter set forth have the following meanings:
"Act" means the Mello-Roos Community Facilities Act of 1982,
being Chapter 2 . 5, Division 2 of Title 5 of the Government Code
of the State of California.
"Approved Undeveloped Property" means all Taxable Property in CFD
No. 88-3 as of July 1 of any year not classified as Developed
Property, for which a final tract map has been recorded as of
March 1 of the previous Fiscal Year.
"Assigned Special Tax" means the Special Tax for each Land Use
Class, as determined by reference to Table I and Table II of
Section C below.
"Base Maximum Special Tax" means an amount equal to $0.19 per
square foot of Assessor's Parcel applicable to each parcel of
Developed, Approved Undeveloped and Raw Undeveloped Property
within Special Tax Area A in Fiscal Year 1990-91, and an amount
equal to $0. 05 per square foot of Assessor's Parcel applicable to
each parcel of Developed, Approved Undeveloped and Raw
Undeveloped Property within Special Tax Area B in Fiscal Year
1990-91.
"City" means the City of Lake Elsinore.
"Council" means the City Council of the City of Lake Elsinore.
12/18/89
AGENDA ITEM NO.
PAGE OF
Page 2
"Developed Property" means all Taxable Property in GFD No. 88-3
as of July 1 of any year for which a foundation building permit
has been issued as of March 1 of the previous Fiscal Year.
"Facilities" means any improvements or facilities designated by
the Council with an estimated useful life of five years or longer
which are eligible for financing under the provisions of the Act.
"Fiscal Year" means the period starting July 1 and ending the
following June 30.
"Land Use Class" means any of the categories listed in Table I or
Table II in Section C below to which a parcel is assigned
consistent with the provisions hereof.
"Maximum Assigned Special Tax" for Approved Undeveloped Property
and Raw Undeveloped Property in Fiscal Year 1990-91 means an
amount equal to $9,207 per acre in Special Tax Area A and $2,353
per acre in Special Tax Area B.
"Maximum Special Tax" means the maximum Special Tax, determine
in accordance with Section C, that can be levied by the Council
in any Fiscal Year for each class of Developed Property and for
Approved and Raw Undeveloped Property, as applicable.
"Raw Undeveloped Property" means all Taxable Property in CFD No.
88-3 not classified as Developed Property or Approved Undeveloped
Property.
"Special Tax" means the Special Tax for each Land Use Class,
determined in accordance with Section C below, that can be levied
by the Council in any Fiscal Year.
"Special Tax Requirement" means the amount, to be determined
annually by the Council, necessary to pay the authorized costs
and expenses of CFD No. 88-3 including those necessary to
administer the bonds, collect and administer the Special Taxes,
and administer CFD No. 88-3 (which total administrative amount
shall be separately stated by the Council in each levy) , to pay
current debt service on the bonds, to accumulate funds for future
debt service (but only in years in which no revenues ar
collected from Undeveloped Property) , to pay amounts delinquen._
on the bonds (or to become delinquent based upon past Special Tax
delinquencies) , to replenish the reserve fund to its proper level
(including payments to be made from the reserve fund based upon
past Special Tax delinquencies) , to compensate for anticipated
Special Tax delinquencies (based upon past delinquency
experience) , to pay directly for Facilities or to accumulate
funds for that purpose, and to pay for all authorized services.
AGENDA ITEM NO...�1�.......
PAGE OF
Page 3
"Taxable Property,, means all of the Assessor's Parcels within the
boundaries of CFD No. 88-3 which are not exempt from'the Special
Tax pursuant to law or Section E below.
B. Assignment to Land Use Categories.
On July 1 of each year, all Taxable Property within CFD No. 88-3
shall be categorized either as Developed Property, Approved
Undeveloped Property or Raw Undeveloped Property, and shall be
subject to tax in accordance with the rate and method of
apportionment determined pursuant to Sections C and D below.
For purposes of determining the applicable Maximum Special Tax
pursuant to Section C and depending on its location in Special
Tax Area A or B, Developed Property shall be assigned to one of
the classes designated in Table I or Table II below. Single
Family Detached Residential Developed Property shall be assigned
to Classes 1 through 4 based on the square footage of the
dwelling unit, exclusive of garages or other structures not used
as living space, to be constructed on an Assessor's Parcel as set
forth in the original building permit issued for such property.
Attached Residential Developed Property shall be assigned to
Class 5.
Commercial/ Industrial Developed Properties shall be assigned to
Class 6. The square footage of a Commercial/Industrial building
shall be computed from the gross square footage for the
building(s) as reflected in the building plans upon which the
building permit(s) for such parcel was issued. The acreage of a
Commercial/Industrial parcel shall be determined by reference to
the then current Assessor's Parcel Map and, if appropriate, to
the most current parcel map or other subdivision tract map
recorded with the Office of the Recorder for Riverside County.
C. Maximum Special Tax Rate
1. Developed Property-
The Maximum Special Tax for an Assessor's Parcel classified
as Developed Property in Classes 1 through 6 shall be the
greater of (i) the amount derived by multiplying the square
footage of such Assessor's Parcel times the Base Maximum
Special Tax or (ii) the Assigned Special Tax determined by
reference to Table I or Table II below. For purposes of
this Section C, the acreage or square footage of an
Assessor's parcel shall be determined by reference to the
then current Assessor's Parcel Map and, if appropriate, to
the most current parcel map or other subdivision tract map
recorded with the Office of the Recorder for Riverside
County.
AGENDA ITEM NO.�..,..
PAGE OF
Page 4
Notwithstanding the above, for Attached Residential
Developed Property, a portion of the acreage in a recorded
tract map shall be taxed as Undeveloped Property•if building
permits for one or more, but not all, of the units in the
approved condominium or site plan for that map have been
issued. The acreage in a recorded tract map to be taxed as
Undeveloped Property shall equal the proportion of the
associated condominium or site plan's approved units for
which building permits have not been issued, multiplied by
the total acreage within that tract map.
Notwithstanding Section E below, for purposes of computing
the Base Maximum Special Tax for each dwelling unit located
on parcels of Attached Residential Developed Property that
are owned by a homeowner's or property owner's association,
the square footage of the entire Assessor's Parcel shall be
included to determine the Base Maximum Special Tax.
In making the computations set forth in this Section C (1)
and in determining the Maximum Special Tax which may be
levied in any Fiscal Year, on July 1, 1991 and on each July
1 thereafter, the Base Maximum Special Tax and the Assignee
Special Tax for each class set forth in Table I and Table II
shall be increased by an amount equal to 2 . 0% of the amount
in effect for the previous Fiscal Year.
TABLE I
ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX AREA
A OF COMMUNITY FACILITIES DISTRICT NO. 88-3 (FISCAL YEAR 1990-91)
PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/INDUSTRIAL)
(ALL SPECIAL TAX AREA A PROPERTIES ARE IDENTIFIED ON ATTACHED MAP
AND IN THE "NOTICE OF SPECIAL TAX LIEN" TO BE RECORDED IN
CONJUNCTION WITH THIS DISTRICT)
Assigned Special
Land Use Density or Tax (Fiscal
Class Description Square Footage Year 1990-91
1 Single Family 2,800 or more $ 1,969 per
Detached unit
2 Single Family 2 , 300 - 2,799 SF $ 1, 688 per
Detached unit
3 single Family 1,700 - 2,299 SF $ 1,406 per
Detached unit
4 Single Family Less than 1,700 SF '$ 1, 126 per
Detached unit
5 Attached Homes Not Applicable $ 901 per
unit
6 Commercial/ Not Applicable $ 8 ,277 per acre
Industrial
AGENDA ITEM NO. -- ----
pAGS A 0=
Page 5
The Maximum Special Tax may exceed the Assigned Special Tax for
some Assessor's Parcels within each class if the Base Maximum
Special Tax alternative is used ($0.19 per square foot of
Assessor's Parcel) . The Base Maximum Special Tax would be
applied under the Fourth step of Section D (below) to lots larger
than a certain size for each class of Single Family Detached
Property. Single Family Detached lots, larger than the following
minimum sizes, would be taxed at the Base Maximum. Special Tax:
Class 1: 10, 363 Sq. Ft. Class 3: 7,400 Sq. Ft.
Class 2 : 8,884 Sq. Ft. Class 4: 5,926_.Sq.- Ft.
The Base Maximum Special Tax would also apply to-Class 5 if units
are built at densities less than 9 . 18 units per acre and to all
Class 6 parcels.
TABLE II
ASSIGNED SPECIAL TAXES ON DEVELOPED PROPERTY IN SPECIAL TAX AREA B
OF COMMUNITY FACILITIES DISTRICT NO. 88-3 (FISCAL YEAR 1990-91)
PER UNIT (RESIDENTIAL) AND PER ACRE (COMMERCIAL/INDUSTRIAL)
(ALL SPECIAL TAX AREA B PROPERTIES ARE IDENTIFIED ON ATTACHED MAP
AND IN THE "NOTICE OF SPECIAL TAX LIEN" TO BE RECORDED IN
CONJUNCTION WITH THIS DISTRICT)
Assigned Special
Land Use Density or Tax (Fiscal
Class Description Square Footage Year 1990-91)
1 Single Family 2,800 or more $ 1, 969 per
Detached unit
2 Single Family 2 ,300 - 2,799 SF $ 1, 688 per
Detached unit
3 Single Family 1,700 - 2,299 SF $ 1,406 per
Detached unit
4 Single Family Less than 1,700 SF $ 1, 126 per
Detached unit
5 Attached Homes Not Applicable $ 901 per
unit
6 Commercial/ Not Applicable $ 2,178 per acre
Industrial
The Maximum Special Tax may exceed the Assigned Special Tax for
some Assessor's Parcels within each class if the Base Maximum
Special Tax alternative is used ($0.05 per square foot of
Assessor's Parcel) . The Base Maximum Special Tax would be
applied under the Fourth step of Section D (below) to lots larger
than a certain size for each class of Single Family Detached
Property. Single Family Detached lots, larger than the following
minimum sizes, would be taxed at the Base Maximum Special Tax:
Class 1: 39, 380 Sq. Ft. Class 3 : 28 , 120 Sq. Ft.
Class 2 : 33, 760 Sq. Ft. Class 4 : 22 , 520 Sq. Ft.
AGENDA ITF-m kvQ,
PAGE, v GF-^--s--
Page 6
The Base Maximum Special Tax would also apply to Class 5 if units
are built at densities less than 2 .41 units per acre and to all
Class 6 parcels.
2. Undeveloped Property
The Maximum Special Tax for an Assessor's Parcel classified
as Raw Undeveloped Property or Approved Undeveloped Property
shall be the greater of (i) the amount derived by
multiplying the square footage of such Assessor's Parcel by
the Base Maximum Special Tax (as applicable for each Special
Tax Area) or (ii) the Maximum Assigned Special Tax Rate.
The Assigned Special Tax for Approved Undeveloped Property
shall be $ 990 per lot in both Special Tax Area A and
Special Tax Area B except for recorded lots over 20, 000
square feet, for which the Assigned Special Tax shall be
$2 , 157 per acre. The Maximum Assigned Special Tax for
Approved Undeveloped Property and Raw Undeveloped Property
shall be $9, 207 per acre in Special Tax Area A and $2 ,353
per acre in Special Tax Area B.
In making the computation set forth in Section C (2) and in
determining the Assigned Special Tax for Approved
Undeveloped Property and the Maximum Assigned Special Tax on
Raw and Approved Undeveloped Property which may be levied in
any Fiscal Year, on July 1, 1991 and on any July 1
thereafter, the Assigned Special Tax for Approved
Undeveloped Property and the Maximum Assigned Special Tax
for Raw and Approved Undeveloped Property shall be increased
by an amount equal to 2. 0% of the amount in effect for the
previous Fiscal Year.
D. Method of Apportionment of the Special Tax to Developed
PrORerty and Undeveloped Property.
Starting in Fiscal Year 1990-91 and for each following Fiscal
Year, the Council shall determine the amount of money to be
collected from Taxable Property in CFD No. 88-3 in the Fiscal
Year (the Special Tax Requirement) .
The Council shall levy the Special Tax as follows until the
amount of the levy equals the Special Tax Requirement:
First: The Special Tax shall be levied on each parcel of
Developed Property, exclusive of property ekempt from Special
Taxes pursuant to Section E below, in equal percentages (up to
100%) of the Assigned Special Tax Rate for each class of
Developed Property for such Fiscal Year determined by reference
to Table I and Table II;
AGE
NDA ITEM NO. `
PAGE.=—OFr
Page 7
Second: If additional monies are needed after the first step has
been completed, the Special Tax shall be levied on each parcel of
Approved Undeveloped Property, exclusive of Undeveloped Property
exempted by law or by the provisions of Section E (below) , in
equal percentages (up to 100%) of the Assigned Special Tax;
Third: If additional monies are needed after the first two steps
have been completed, _ then the Special Tax shall be levied on each
parcel of Raw Undeveloped Property in equal percentages (up to
100%) of the Maximum Assigned Special Tax for Raw Undeveloped
Property, exclusive of Undeveloped Property exempted by law or by
the provisions of Section E below, up to, for Special Tax Area A,
91.47% of the Special Tax Requirement (i.e. net of revenues
collected in the first and second steps above) and, for Special
Tax Area B, 8.53% of the Special Tax Requirement (i.e. net of
revenues collected in the first and second steps above) ;
Fourth: If additional monies are needed after the first three
steps have been completed, the Special Tax shall be levied on
each parcel of Approved Undeveloped Property, exclusive of
Undeveloped Property exempted by law or by the provisions of
Section E (below) , in equal percentages (up to 100%) of the
Maximum Assigned Special Tax for Approved Undeveloped Property;
Fifth: If additional monies are needed after the first four
steps have been completed, then the levy of the Special Tax on
each parcel of Developed Property whose Maximum Special Tax is
determined through the application of the Base Maximum Special
Tax Rate shall be increased in equal percentages from the
Assigned Special Tax Rate up to the Maximum Special Tax Rate for
each such parcel for such Fiscal Year;
Sixth: If additional monies are needed after the first five
steps have been completed, then the Special Tax shall be levied
proportionately on each parcel of Developed or Undeveloped
Property owned by a Homeowners' Association which has not been
exempted from the Special Tax pursuant to Section E, up to the
Maximum Special Tax for Undeveloped Property; and
Seventh: If additional monies are needed after the first six
steps have been completed, then the Special, Tax shall be levied
proportionately on each parcel of Developed or Undeveloped
Property conveyed or irrevocably offered to a public agency which
has not been exempted from the Special Tax pursuant to Section E,
up to the Maximum Special Tax for Undeveloped Property.
AGENDA ITEM NO._.51--
AA-
PAGE % Or
Page 8
E. Exemptions,
1. .9pecial Tax rea
A Special Tax shall not be imposed on up to 156.50 acres of
Undeveloped Property conveyed or irrevocably offered to a public
agency or conveyed to a Homeowners' Association. The acres
exceeding such total of 156.50 acres shall be taxed consistent
with Developed or Undeveloped Property to the extent set forth in
Steps Six and Seven of Section D above. Under no circumstances
shall the Council impose a Special Tax on land which is a public
right of way or which is an unmanned utility property utilized
for the provision of services to the public or a property
encumbered with public or utility easements making impractical
its utilization for other than the purposes set forth in the
easement.
2. Special Tax Area B
A Special Tax shall not be imposed on up to 486 acres of
Undeveloped Property conveyed or irrevocably offered to a public
agency or conveyed to a Homeowners' Association. The acres
exceeding such total of 486 acres shall be taxed consistent with
Developed or Undeveloped Property to the extent set forth in
Steps Six and Seven of Section D above. Under no circumstances
shall the Council impose a Special Tax on land which is a public
right of way or which is an unmanned utility property utilized
for the provision of services to the public or a property
encumbered with public or utility easements making impractical
its utilization for other than the purposes set forth in the
easement.
F. Review/Appeal committee.
The Council shall establish as part of the proceedings and
administration of CFD No. 88-3 a special three-member
Review/Appeal Committee. Any landowner or resident who feels
that the amount of the Special Tax, as to their parcel, is ir.
error may file a notice with the Review/Appeal Committee
appealing the amount of the Special Tax levied on such parcel.
The Review/Appeal Committee shall interpret t4is Rate and Method
of Apportionment of the Special Tax and make determinations
relative to the annual administration of the Special Tax and any
landowner or resident appeals, as herein specified. The decision
of the Review/Appeal Committee shall be final and binding as to
all persons.
AGENDA ITEM NO.
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Page 9
G. Xanner of Collection,
The special taxes for CFD No. 88-3 will be collected in the same
manner and at the same time as ordinary ad valorem property
taxes, provided, however, that CFD No. 88-3 may collect Special
Taxes at a different time or in a different manner if necessary
to meet its financial obligations. In the event of a
delinquency, CFD No. 88-3 will pursue foreclosure in a timely
manner.
AGENDA ITEM NO. 35
PAGE A-a OF ,_
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EXHIBIT TO
RATE AND METHOD OF APPORTIONMENT FOR PROPOSED
COMMUNITY FACILITIES DISTRICT NO , 88- 3
IN THE CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA
AGENDA ITEM NO.
J
A PAGE-noF-cell—
CITY OF LAKE ELSINORE
MEMORANDUM
TO: Honorable Mayor and City Council
FROM: Dave Gunderman, Community Development Director
DATE: November 19, 1990
SUBJECT: Extension of Time - Tentative Parcel Map 23381 - K-Mart
BACKGROUND
This Tentative Parcel Map has been extended five (5) times since
the June 26, 1990 City Council hearing. On the September 25, 1990
hearing staff recommended approval of extension of this map to
November 27, 1990 hearing; however, further extensions were not to
be recommended if drainage and illegal dirt piling issues were not
solved by then. The City Council granted an extension till the
November 27, 1990 hearing.
PROGRESS REPORT
Mr. O'Byrne has submitted drainage and erosion control plan and it
has been approved by the Building Official; however, no progress
has been made to this date regarding the implementation of the
plan. Moreover, no dirt has been removed either. This work was
expected to start on October 23, 1990 and completed by November 21,
1990.
RECOMMENDATION
Staff recommends denial for further Extension of Time for Tentative
Parcel Map 23381.
/cm
A(-EtgDA ITEM JSG. r
PAGE �` OF:
CAMELOT PROPERTY COUNSELORS, INC.
PO BOX 1149
WILDOMAR, CA 92395
(714)677--9339 gg `
ED
November 19, 1990 %oY 19199
alfRd& k
Mr. Kevin Shear
Building & Safety Manager HAND DELIVERED
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92330
Dear Mr. Shear;
This is a status report on the K-Mart site:
1) "As Built and Erosion Control Plans"
Pursuant to your recent approval of the above,
the erosion control should be completed by the time
you receive this letter. (The contractor started at
7: 00 a.m. this morning to place over five hundred (500)
large sand bags. )
2) Dirt Removal
In my last report to you I explained about the
contractors I have worked with. Kaufman & Broad
received approval for storage but abruptly stopped
it' s project because of the economy. Therefore, the
only thing I could do was to enter into a contract at
a substantial loss with Jones & Jones Materials to have
it all removed by December 10, 1990. I am attaching
a copy. (They are awaiting word on a large contract
which I believe will have all of it moved at once. )
I installed the water meter 10 days ago and they worked
for one day in preparation. They assured me, they
will meet their contractual time commitment.
Very truly yours,
CAMELOT PROPERTY COUNSELORS, INC.
T. Leonard O'Byrne
President
TLO: sjo
"GENDA !TEM NO.
FAGE--a,_OF"...�,...,,�,
6 K+ L
i
JONES & JONES 0 .
f1L L NATERIA L O O
33901 Daily Road Sun City, CA 92355 (714)679.5004
November 7 , 1990
PROPOSAL
JONES & JONES proposes' to remove stockpiled dirt on Mission
Trail adjacent to K Mart , and to pay CAMELOT PROPERTY $4.00
per load for dirt removed. JONES & JONES shall pay for
water used in dust control during removal operations , and shall
begin watering and stockpiling immediately upon the installation
of the water meter secured by CAMELOT. JONES & JONES shall
make payment of royalty to CAMELOT immediately upon receipt of
payment from the sale of the dirt with amount supported by
signed load count sheets .
JONES JONT' u the pr o re ve s plu dir
C 0 ' o e t o a 'n i he
1 a g f t o dir his—pr 'ec " wou d c n ain
ro y 1 io s.
e al Partner
ACCEPTANCE
We , CAMELOT PROPERTY COUNSELORS , acceptIte above proposal.
by
T. Leonard O'Byrne, President
f4
-47
PAGE 3 OF, .
�. RECEIPT Date l 1 19 CID 111742
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' M •Y = ACCOUNT HOW PAID
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4J BALANCE, MONEY By
DUE I ORDER
31
" JOKES & JONES.�. .�
FILL MATERIALS
-:
W.C. "Casey Jones - 33901, Daily Road
(714) 679-5004 , Butt City, CA 92355 +
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AGENDA ITEM NG.
PAGE OF...
■L �,,.� Lake Elsinore,CA 92330
14) 674-3146
Elsinore Valley Municipal Wafer District Fax:(714)674-9872
MEMO
DATE: November 1, 1988
TO: Construction Hydrant Meter Customers
FROM: Elsinore Valley Municipal Water District
SUB JECT: Construction Hydrant Meters
The Board of Directors adopted resolution #954 on October 26, 1988.
Hydrant meter service charge will be $5.00 per day plus .82 cents per ccf. of water
used.
The new resolution requires that customers checking a hydrant meter out will have the
meter installed and secured by E.V.M.W.D. to an approved hydrant. The meter will be
read weekly by E.V.M.W.D. and a bill will be generated monthly.
Customers who need to have the meter re-located or need to use the meter on another
project, must come into our customer service office and schedule re-location. There is
a $20.00 relocation fee for each relocation. This must be done 24 hours prior to your
need. A $600.00 fine will be charged to account, if other than a Elsinore Valley
Municipal Water District representative moves the meter.
Customers who wish to discontinue hydrant meter usage must come into our
customer service office and request removal.
_ 10
SIGNED DATE
BOARD OF DIRECTORS: Div.#1, Charles E.Bryant,Vice-President Div. #2, Donald E.Ash
Div.#3,Kenneth Stoller Div. #4,Gary F.Kelley,Secretary-Treasurer Div. #5, Nancy Shafer, President
AGENDA ITEM, NO.
PAGE OF
REPORT TO CITY COUNCIL
NOVEMBER 27, 1990
SUBJECT: ALBERHILL PUMP STATION MODIFICATION
PREPARED BY:
Ron Mol ndyk
Director of Public City Manager
Services
BACKGROUND
The City's commitment to the development of the Outlet Center
involves the construction of a new water line to provide proper
domestic useage and fire flow requirements.
FINDINGS
The new water line cannot be installed until the roadway fill is
placed. An existing water line can, with appropriate
modifications, be utilized during the Phase I construction of the
Center. The modifications are required to the pump station
controls to allow simultaneous operation of the dual pumps.
Bids have been solicited for November 26. A tabulation of those
received will be presented at this meeting, with staff
recommendation.
FISCAL IMPACT
The project is estimated to cost $30,000.
RECOMMENDATION
As per oral staff presentation.
AGENDA ITEM NO.
PAGE OF...
CITY OF LAKE ELSINORE
MEMORANDUM
TO: City Council/RDA Board
2C�FROM: Ron Kirchner, Director Public Services
DATE: November 26, 1990
SUBJECT: Alberhill Pump Station Modification
Attachment to Agenda Items Numbers 53 and 3H
As indicated in the Report to City Council/RDA Board, bids for the
work were received on November 26 as follows:
Corona Industrial Electric Corona $26,400
Walsh Engineering Riverside 35, 657
Tourville Construction Rancho Cucamonga 49,740
Brannis Electric Riverside 31,500
Vista Murrieta Murrieta 25, 600
Our consultant's investigation has concluded that the low bidder
is a reputable and responsible firm. Staff recommends that the
work be awarded to the Vista Murrieta Corporation for the sum of
$25, 600.
i
FACE Or
NOV 26 '90 16:36 WEBB P.2
-L—A A T .k --
WEBB
A 6 6 0 C 1 A T E • 8788 McCray Street, Riverside,CA 92506 (714)686.1070 FAX(714)78&1256
WO: 89-334
FILE: 3879.1
November 26, 1990
Mr. Ron Kirchner
Public Services Director
City of Lake Elsinore
130 S. Main
Lake Elsinore,CA. 92330
RE: Alberhill Pump Station Modification Project
Dear Mr.Kirchner.
We have recently completed our review of the bids for the Alberhill Pumpp Station
Modif cation Project. The low bidder is Vista Murrieta Colp, located at 26045 Souglass
Avenue, Murrieta, CA. 92362, who submitted a bid of$25,600 for this project. We are
familiar with some of their work on other projects, and have found it to be generally
acceptable. Therefore, we recommend that the contract be awarded to Vista Murrieta Corp.
Sincerely,
Vice President
RCE 37385
MEW:ah
cc: Robert Chiang
89-334a/mew
CIVIL ENGINEERING FIANNING ENV1R0'VVFN7AL ANALYSIS SURVEYING ASSESSMENT/SPECIAL TAX ENGINEERING
AGENDA
REDEVELOPMENT AGENCY
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NOVEMBER 27, 1990
POLICY OF THE REDEVELOPMENT AGENCY: "only those items filed with
the Secretary of the Redevelopment Agency by Nuurt on Tuesday,
prior to the following Tuesday meeting, will be considered by the
Agency at said meeting."
I. CALL TO ORDER
2. ROLL CALL
3. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved on one
motion unless a Boardmember requests separate action on a
Specific item.
A. Minutes RECOMMENDATION
1. November 13, 1990 - Regular Redevelopment A
Agency Meeting. Approve.
B. Investment Report - October, 1990.
Rec. & File.
C. Warrant List - November 15, 1990.
Ratify.
D. Marks-Roos Bonds, Series B. Resolution No.
90-8. Adopt Res.
No. 90-8.
E. General Plan Revisions.
Concur with
Council
Action.
F. Collier Avenue Improvement Project
Environmental Impact Report. Concur with
Council
Action.
G. Tentative Parcel 25586 - Ayres Properties
(The Keith Companies/Butterfield) . Concur with
Council
Action.
H. Alberhill Pump Station Modification.
Concur with
Council
4. PUBLIC HEARINGS Action.
A. Community Facilities District 90-2 - Tuscany Adopt Resos.
Hills. Resolution Nos. RDA 90-9 thru 90-13
and Ordinance No. RDA 1. _ & Ordinance.
5. BUSINESS ITEMS
6• EXECUTIVE DIRECTORS REPORT
Retail Center/Regional Mall Update.
7. REPORTS AND RECOMMENDATIONS
8• CLOSED SESSION
9. ADJOURNMENT
MINUTES
REGULAR REDEVELOPMENT AGENCY MEETING
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NOVEMBER 13, 1990
1. CALL TO ORDER
The Regular Redevelopment Agency Meeting was called to order
by Chairman Buck at 7: 54 p.m.
2 . ROLL CALL
PRESENT: BOARDMEMBERS: DOMINGUEZ, STARKEY, WASHBURN,
WINKLER, BUCK
ABSENT: BOARDMEMBERS: NONE
Also present were: Executive Director Molendyk, Assistant
Executive Director Rogers, Legal Counsel Harper,
Administrative Services Director Wood, Community Development
Director Gunderman, Community Services Director Watenpaugh,
Public Services Director Kirchner and Clerk of the Board
Kasad.
3 . CONSENT CALENDAR
MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED.
A. The following Minutes were approved:
1. October 24, 1990 - Adjourned Redevelopment Agency
Meeting.
B. Ratified Warrant List for October, 1990.
C. Adopted Resolution No. RDA 90-7 relating to the Marks-Roos
Bond Issue.
RESOLUTION NO. 90-7
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
LAKE ELSINORE APPROVING AND AUTHORIZING AND DIRECTING
EXECUTION OF COMMITMENT AGREEMENT AND PURCHASE CONTRACT
RELATING TO SALE OF SPECIAL TAX BONDS, APPROVING SALE OF
SUCH BONDS ON CERTAIN TERMS AND CONDITIONS, APPROVING
OFFICIAL STATEMENT, APPROVING AGENCY PLEDGE AGREEMENT
RELATING TO SUCH BONDS AND PROVIDING OTHER MATTERS
PROPERLY RELATING THERETO.
D. Authorized staff to proceed with Property Acquisition at
114 Peck Street, at a price not to exceed the appraised
value.
E. Concurred with Council Action to Adopt the Resolution
indicating the City's Commitment to Achieve and Maintain
State and National Ambient Air Quality Standards and
Consistency with the 1989 Air Quality Management Plan.
F. Concurred with Council Action to Approve Tentative Tract
Map 25242 for Finklestein c/o Manee Consulting.
4 . PUBLIC HEARINGS
None.
AGENDA ITEM NO, 3,
PAGE___J_TOF�
PAGE TWO - REDEVELOPMENT AGENCY MINUTES - NOVEMBER 13, 1990
5. BUSINESS ITEMS
None.
6. EXECUTIVE DIRECTORS REPORT
Retail Center/Regional Mall.
Executive Director Molendyk commented that two meetings have
been held since the Letter of Intention was accepted and
advised that cost estimates and geologic survey work are
proceeding on schedule. He also advised that a Senior Project
Manager has been assigned to this project and will maintain
an office in City Hall.
7. REPORTS AND RECOMMENDATIONS
None.
THE REDEVELOPMENT AGENCY MEETING WAS RECESSED AT 7:56 P.M.
THE REDEVELOPMENT AGENCY MEETING RECONVENED AT 7:57 P.M.
8. CLOSED SESSION
THE REDEVELOPMENT AGENCY ADJOURNED TO CLOSED SESSION AT 7:57 P.M.
THE REDEVELOPMENT AGENCY RECONVENED AT 9: 16 P.M. NO ACTION TAKEN.
9. ADJOURNMENT
MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE
TO ADJOURN THE REGULAR REDEVELOPMENT AGENCY MEETING AT 9:17 P.M.
WILLIAM S. BUCK, CHAIRMAN
REDEVELOPMENT AGENCY
CITY OF LAKE ELSINORE
ATTEST:
VICKI KASAD
CLERK OF THE BOARD
REDEVELOPMENT AGENCY
AGENDA ITEM NA.�
FAG>_w _01` .-�_
REDEVELOPMENT AGENCY FOR THE
CITY OF LAKE ELSINORE
MONTHLY REPORT OF INVESTMENTS
OCTOBER 31 , 1990
LOCAL AGENCY INVEST FUND 8.321% DAILY 24-HOUR S 8,099,000**
GOVERNiTNT BACKED SECURITIES - NEGOTIABLE
FEDERAL HOME MORTGAGE CO. 8,75% 03-16-88 05-01-08 261 ,852
GOV. NAT'L MORTGAGE ASSN. 7 .500% 04-10-87 04-10-07 19,208
GOV. NAT'L MORTGAGE ASSN. 7.500% 04-28-87 04-28-07 40,819
321 ,879
AGENCY INVESTMENT TOTAL 8,420,879
AVERAGE ANNUAL RATE. . . . . .8.328%
ESTIMATED EXPENDITURES - NOVEMBER 1990 $400,000
;—Will meet anticipated expenditures
AGF_NOA iTEM
PAGE_A_OF--X—
LAKE ELSINORE—RDA
PAGE NO. 1
DEMAND/WARRANT REGISTER NO. 91-051 DATE 1 1/15/90
PAYEE
HER DETAIL OF DEMANDS PRESENTED WARRANT CHECK
WRITTEN
DESCRIPTION ACCOUNT CHG'O INV,NO. AMOUNT NO. AMOUNT
AC3/WEST
1628 1021 . 36
BALLEW 6 ASSOCIATES, INC 1629 6282. 42
MICHAEL BRANDMAN ASSOCIATES 1630 8345. 68
FRIEDMAN HOMES
1588 1000000 . 00
H . T.E. INC.
1631 1015. 00
KOBATA ASSOCIATES, INC. 1632 6200 . 00
ROTHEY, BELL & TAUB, INC 1633 2000 . 00
SECURITY PACIFIC NAT'L BANK 1634 20 . 78
SOUTH COAST GEOLOGIC SVCS, I 1601 8500 . 00
STEWART TITLE 1635 33100 . 00
USSELL TOURVILLE CONSTRUCTI 1636 56095 . 48
JOHN P. NEET
1637 4000 . 00
PRUDENT PUBLISHING 1638 84 .32
E.S.R . I .
1639 5665. 00
AGENDA is=E,1 PsO. 3 .0 .
i PACE 0.-:
LAKE ELSINORE-RDA PAGE NO_ 2
DEMAND/WARRANT REGISTER NO.
91 -051 DATE 11/15/90
WARRANT CHECK
PAYEE WRITTEN
DETAIL OF DEMANDS PRESENTED
DESCRIPTION ACCOUNT CNC'D INV,NO. AMOUNT NO. AMOUNT
KITTEN 123830 . 04
REPAID 1008500 . 00
CCRUED . 00
TOTAL 1132330 . 04
RECAP BY FUND RE-PAID WRITTEN
OPERATING FUND - AREA I 910 2833 .33 84108.34
OPERATING FUND - AREA II 920 1002833.33 19850 .44
OPERATING FUND - .AREA III930 2833.34 19$71 . E6
/yyZ IZ.flM i I {ro.�Cw.
PAGE,��OP�_
REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCING AUTHORITY
DATE: NOVEMBER 27, 1990
SUBJECT: MARKS-ROOS BONDS, SERIES B
PREPARED BY:
C. Ray Wood, Ad minis rative Ron Mole yk,
Services Director City Manager
BACKGROUND:
The CFD 90-2 (Tuscany Hills) Bonds to be issued are to be acquired by the
Public Financing Authority. In order to create the pool from which the
acquisition will occur the PFA must issue its own Bonds. This will be our
second issue of Mark-Roos Bonds, Series B, total issue $31,000,000.
FISCAL IMPACT:
There is no fiscal impact on the City, Agency or Authority since all costs of
the issue are supported by the CFD Bonds which are to acquired.
RECOMMENDATION:
It is recommended that the following actions be taken:
I. City Council adopt Resolution Determining Benefit to Redevelopment
Project Area I1; Resolution No. 90- 1�(n _.
2. Redevelopment Agency Board adopt Resolution Approving the Sale and
Agreements Relating to the Bonds; Resolution No. 90- 9
3. Public Financing Authority Board adopt Resolution Authorizing the
Issuance of the Bonds; Resolution No. 90- 5
p►t -MA, ITEM NO. •
PAGE OE-—
22061-02 JHHV�ACFixdY 1 ,LOG(90
RESOLUTION NO. qO—$
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE APPROVING AND AUTHORIZING AN'D DIRECTING EXECUTION
OF CONIN11174 :NT AGREEMENT AND PURCHASE CONTRACT RELATING
TO SALE OF SPECIAL TAX BONDS,APPROVING SALE OF SUCH BONDS ON
CERTAIN TERMS AND CONDITIONS,APPROVING OFFICIAL STATEMENT,
APPROVING AGENCY PLEDGE AGREEhIENTT RELATING TO SUCH BONDS
AND PROVIDING OTHER MATTERS PROPERLY RELATING TIMMTO
TUSCAN'Y 1EMI S SPECIAL TAX BONDS
WHEREAS, the City of Lake Elsinore (the "City") and the Redevelopment Agency
of the City of Lake Elsinore (the "Agency") have entered into a Joint Exercise of Powers
Agreement, dated as of July 25, 1989 (the "Agreement"), creating the Lake Elsinore
Public Financing Authority (the "Authority");
WHEREAS, pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California (the "Act") and the Agreement, the Authority
is authorized to purchase bonds issued by the City and the Agency for financing and
refinancing public capital improvements or projects (the "Public Capital Improvements")
whenever there are significant public benefits, as determined by the City or the Agency,
as applicable;
WHEREAS, for the purpose of providing financing and refinancing of Public
Capital Improvements to be undertaken primarily by the City and the Agency, the
Authority has duly provided for the issuance pursuant to an Indenture of Trust (the
"Indenture"), dated as of February 1, 1990, of its Lake Elsinore Public Financing
Authority 1990 Local Agency Revenue Bonds, in the aggregate principal amount of
$500,000,000 and has duly provided for the issuance pursuant to a Second Supplemental
Indenture, dated as of November 1, 1990, of a series of said bonds in the aggregate
principal amount of not to exceed $35,000,000 (the "Authority's Series B Bonds");
WHEREAS, the Agency has determined to cause the issuance of Special Tax
Bonds (as such term is defined in the Indenture) namely, Special Tax Bonds designated
as "Redevelopment Agency of the City of Lake Elsinore Community Facilities District No.
90-2 (Tuscany Hills Public Improvements) 1990 Special Tax Bonds in the principal
amount of not to exceed $30,000,000 (such Special Tax Bonds being referred to herein as
the "Tuscany Hills Special Tax Bonds"), to provide financing of Public Capital
Improvements of benefit to the Tuscany Hills Project within the Rancho Laguna
Redevelopment Project Area No. Il (the "Project Area") of the Agency;
AGENDr,IT EM N`0 •
PACEX._OF_ C:�—
WHEREAS, the Authority desires to purchase the Tuscany Hills Special Tax
Bonds with a portion of the proceeds of the Authority's Series B Bonds and the Agency
desires to sell the Tuscany Hills Special Tax Bonds to the Authority, all subject to the
terms and conditions hereinafter set forth and in accordance with the Commitment
Agreement for Purchase and Sale of Local Obligations, dated as of November 1, 1990, by
and between the Agency and the Authority (the "Commitment Agreement and Purchase
Contract") committing the Agency to sell and the Authority to buy the Tuscany Hills
Special Tax Bonds, the form of the Commitment Agreement and Purchase Contract
being on file with the Secretary of the Agency;
WHEREAS, the Agency hereby determines that there are significant public
benefits to the Agency in selling the Tuscany Hills Special Tax Bonds to the Authority, all
as set forth in the Commitment Agreement and Purchase Contract;
WHEREAS, the Underwriter of the Authority's Series B Bonds has prepared and
presented to the Agency for approval an official statement (the "Official Statement") in
preliminary form for use in sale of the Authority's Series B Bonds and containing
information describing the Tuscany Hills Special Tax Bonds, and the Agency desires to
grant such approval with respect to such information;
WHEREAS, in order for the Authority to sell the Authority's Series B Bonds, it is
necessary for the Agency to agree to pledge certain tax increment revenues to be allocated
and paid to the Agency with respect to the Project Area as security for the repayment of
the Tuscany Hills Special Tax Bonds, as more particularly provided in the Agency Pledge
Agreement, dated as of November 1, 1990, by and between the Authority and the Agency
(the "Agency Pledge Agreement"), the form of which is on file with the City Clerk;
WHEREAS, the Public Capital Improvements constitute redevelopment activity
primarily of benefit to the Project Area and the Agency is authorized by Section 33445 of
the Health and Safety Code of the State of California to pledge such tax increment
revenues to the payment of the Tuscany Hills Special Tax Bonds, provided that the
Agency and the City shall first make certain determinations with respect thereto; and
WHEREAS, the Agency, with the aid of its staff, has reviewed the Commitment
Agreement and Purchase Contract, the Official Statement and the Agency Pledge
Agreement, together with the proceedings for the issuance of the Tuscany Hills Special
Tax Bonds, and the Agency wishes to approve the foregoing in the public interests of, and
for significant public benefits to, the Agency and the City;
NOW,THEREFORE,BE IT RESOLVED by the Redevelopment Agency of the City of
Lake Elsinore, as follows:
Section 1. Approval of Commitment Agreement and Purchase Contract The
Agency hereby approves the terms and conditions of the Commitment Agreement and
Purchase Contract, including, without limitation, the Agency's obligation to sell the
Tuscany Hills Special Tax Bonds to the Authority. The Chairman of the Agency is hereby
•2-
AGENDA ITEM N0. 311 •
PAGE 'tJC
lOE�
authorized and directed, for and in the name and on behalf of the Agency, to execute and
deliver the Commitment Agreement and Purchase Contract. Approval of any additions
to or changes in the form of Commitment Agreement and Purchase Contract on file with
the Secretary, as deemed appropriate by the Executive Director of the Agency, shall be
conclusively evidenced by execution and delivery of the Commitment Agreement and
Purchase Contract.
Section 2. Approval of Official Statement. The Agency hereby approves the
information describing the Tuscany Hills Special Tax Bonds in the preliminary Official
Statement relating to the Authority's Series B Bonds, in substantially the form submitted
by the Underwriter and on file with the Secretary. Distribution of the Official Statement
in final form by the Underwriter is hereby approved and the Executive Director of the
Agency is authorized and directed to deliver to the Underwriter certificates with respect
to the information set forth therein.
Section 3. Approval of Agency Pledge Agreement. The Agency hereby approves
the execution of the Agency Pledge Agreement and the Chairman of the Agency is hereby
authorized and directed, for an on behalf of the Agency to execute and deliver the Agency
Pledge Agreement. Approval of any additions to or changes in the form of the Agency
Pledge Agreement on file with the Secretary of the Agency, as deemed appropriate by the
Executive Director of the Agency, shall be conclusively evidenced by execution and
delivery of the Agency Pledge Agreement.
Section 4. Determination of Benefit. Pursuant to authority contained in Section
33445 of the Health and Safety Code of the State of California, the Agency hereby
determines that the Public Capital Improvements for the Tuscany Hills Project are of
benefit to the Project Area and that no means other than the pledge of tax increment
revenues contained in the Agency Pledge Agreement is reasonably available to the City to
finance such Public Capital Improvements.
AGENDA ITEM NO. �• •
PAGE H OF
t
Section b. Effective Date, This resolution shall take effect from and after the date
of approval and adoption hereoL
PASSED AND ADOPTED this 13th day of November, 1990,by the following vote:
NOES:
ABSENT:
Chairman
(SEAL)
Attest:
Bar
Secretary
-4-
NOW
AGENDA H
PAUJ5 �� �
MEMORANDUM
TO: Honorable Mayor and City Council
DATE: November 27, 1990
SUBJECT: General Plan Revisions
PREPARED BY:
Ron Malendyk
Co Dev. Dir. City Manager
Background
At the November 13th City Council meeting, the Council continued
action on the General Plan Revision to November 27, 1990. The
Council requested staff include policies in the text relative to
the City 's desire to acquire the Lake from the State and to
emphasize identification and preservation of historical buildings
within the City. Further, Council requested staff review the areas
designated for industrial uses and determine if sufficient
industrial properties will be developed under the General Plan.
General Plan Text
Reference to historical preservation and identification are now
contained in the General Plan text. Specifically, Goal 3.0 and
Objective 3 . 1 on page 25 address these issues. Additionally,
Policy 1 . 2 3 on page 30 provides the City's position regarding
acquisition of the Lake.
In response to additional requests, Policy 1.7. 3 on page 19 has
been added to identify the City's desire to promote and develop our
geothermal. resources.
Industrial Properties
The General Plan presently identifies: A jobs/housing balance in
Lake Elsinore of .70: 1.0. In other words, we are proposing land
use designations which will generate .70 jobs for each resident in
the City over time. our industrial areas are primarily focused
along I-15 and Highway 74. Additionally, several of our Specific
Plan areas will include industrial uses as well as residential and
commercial uses. As our City develops and as the market for the
area dictates land uses, it will be necessary to adjust the General
Plan to provide for land uses necessary to satisfy the demand.
Until that time, we feel adequate industrially designated
properties are available.
Recommendation
Staff recommends the City Council:
1. Adopt Resolution 90-114 approving the revised General Plan.
2 . Adopt Resolution 90-115 certifying the Environmental Impact
Report and Statement of Overriding Considerations.
AGENDA ITEM NO. •
FAGS___L OF
REPORT TO THE CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: NOVEMBER 27 , 1990
SUBJECT: Collier_Avenue Iovement
Project_EEnvironmprmental_Impact`Report
PRE RED REV DyDv
AP A ,
BY: BY:
Hardy~ .-5- zrer~ Dave man Ron Mo endyk
The P anning Assoc. Comm. Dir . City Manager
REQUEST:
A request to certify the Collier Avenue Improvement Project
Environmental Impact Report (SCH 90020171) to allow
subsequent construction of the roadway.
BACKGROUND:
Collier Avenue is currently a two-lane undivided road with
approximately 24 to 28 feet of pavement between Riverside
Drive and Nichols Road. The Collier Avenue Improvement
Project includes a 100-foot right-of-way with four 12- to 13-
foot travel lanes, two 6-foot bike lanes, two 12-foot
landscaped parkways, and a 14-foot landscaped median along a
realigned Collier Avenue from Riverside Drive to Nichols
Road.
The Planning Commission held a public hearing on the Collier
Avenue Improvement Project Environmental Impact Report (EIR
90-3) on November 7, 1990 and adopted Resolution No. ---
recommending certification of Environmental Impact Report
90-3.
DISCUSSION:
The draft environmental impact report for the Collier Avenue
Improvement Project was circulated for public review and
comment between September 7 and October 15, 1990. Several
comments were re-aired on the draft document which have been
responded to as part of the final environmental impact report
as required by the California Environmental Quality Act.
The environmental impact report identified a number of
impacts associated with the Collier Avenue Improvement
Project as well as mitigation measures associated with each
impact. In all cases, the mitigation measures reduce the
environmental impacts of the Collier Avenue Improvement
Project to a level of insignificance. A mitigation
monitoring program for the environmental impact report has
also been prepared.
RECOMMENDATION:
It is recommended that the City Council certify the Collier
Avenue Improvement Project Environmental Impact Report (EIR
-No. 90-3) . It is further recommended that the City Council
allow subsequent roadway construction no later than 30 days
after the adoption of the environmental impact report for the
new general plan.
REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY
DATE: NOVEMBER 27 1990
SUBJECT: Tentative Parcel Map 25586• Ayres
Properties fThe K_eith
Companies/Butterfield) : A request
to subdivide 1. 25 acres into four
4 residential lots. The proiect
is located at the northern termini
of Avenues 9 and 10.
PREPARED BY:�
Mar hoades Dave G derman
Assistant Planner
onlendyk
City Manager
BACKGROUND
This proposal is a portion of Residential Project 89-8 which was
approved in June of 1989. Residential Project 89-8 was an
application for 75 single-family homes on 17 acres. This parcel
map was a Condition of Approval for Residential Project 89-8, in
order to create 4 of the lots for the original residential project.
DISCUSSION
Tentative Parcel Map 25586 is an application to divide 1.25 acres
into 4 standard residential lots of record. The only change that
the Commission made to the Conditions of Approval was the deletion
of Condition No. 10 for a Casino Drive bicycle lane, and the
amendment of Condition No. 26, requiring a screen wall along Casino
Drive. The Commission also required the applicant to obtain a lot
merger for the remainder parcel and Lot 122, prior to development.
Planning Commission approved Tentative Parcel Map 25586 by a vote
of 4-0.
RECOMMENDATION
It is recommended that the City Council re-affirm Negative
Declaration 89-19 and approve Tentative Parcel Map 25586 based on
the following Findings and subject to the attached Conditions of
Approval.
It is recommended that the Redevelopment Agency concur with City
Council action.
FINDINGS
1.. The proposed subdivision, together with the provisions for its
design and improvement, is consistent with the General Plan
and any applicable Specific Plan. The proposed subdivision or
land use is compatible with the objectives, policies, general
land uses and programs specified in the General Plan and any
applicable Specific Plan. (Government Code Section 66473.5)
2 . The Planning Commission has considered the effects of its
action upon the housing needs of the region and has balanced
these -needs against the public service needs of its residents
Page 2
Tentative Parcel Map
November 27, 1990
and available fiscal and environmental resources. (Government
Code Section 66412.3)
3. The design of the subdivision provides to the extent feasible,
for future passive or natural heating or cooling opportunities
in the subdivision. (Government Code Section 66473.1)
4. The Planning Commission shall determine whether the discharge
of waste from the proposed subdivision into the existing sewer
system would result in a violation of the requirements as set
out in Section 13000 et seq. of the California Water Code.
If the Planning Commission finds that the proposed waste
discharge would result in or add to a violation of said
requirements, the Planning Commission may disapprove the
tentative map or maps of the subdivision. (Government Code
Section 66474.6)
5. The proposed subdivision, together with the provisions for its
design and improvement, is consistent with the City of Lake
Elsinore Subdivision Ordinance.
/cm
AGENDA ITEM NO.
PAGE Q� f
REPORT TO CITY COUNCIL
NOVEMBER 27, 1990
SUBJECT: ALBERHILL PUMP STATION MODIFICATION
PREPARED BY:
Ron Kirchner Ron Mol ndyk
Director of Public City Manager
Services
BACKGROUND
The City's commitment to the development of the Outlet Center
involves the construction of a new water line to provide proper
domestic useage and fire flow requirements.
FINDINGS
The new water line cannot be installed until the roadway fill is
placed. An existing water line can, with appropriate
modifications, be utilized during the Phase I construction of the
Center. The modifications are required to the pump station
controls to allow simultaneous operation of the dual pumps.
Bids have been solicited for November 26. A tabulation of those
received will be presented at this meeting, with staff
recommendation.
FISCAL IMPACT
The project is estimated to cost $30, 000.
RECOMMENDATION
As per oral staff presentation.
AGENDA ITEM NO. •
PAGE OF�
REPORT TO REDEVELOPMENT AGENCY
DATE: NOVEMBER 27, 1990
SUBJECT: CFD 90-2 (TUSCANY HILLS)
PREPARED BY: APPROVED BY:
C. Ray Wood, Adminis ative Ron Mol ndyk,
Services Director City Manager
BACKGROUND:
The Developers of Tuscany dills have previously petitioned for the formation of
a Community Facilities District to finance the infrastructure in the
development all of the preliminaries have now been completed and appropriate
action must be taken to form the CFD and provide for the issuance of Bonds.
The Bonds will be acquired by the Public Financing Authority.
FISCAL IMPACT:
There is no fiscal impact upon the Agency since all related costs are borne by
the CFD.
RECOMMENDATION:
It is recommended that the Board of Directors take actions as outlined in the
Order of Proceedings prepared by Bond Counsel , Jones, Hall , Hill and White,
attached hereto and made a part of this report.
AGENDA ITEM NO._!JZA
PAGE--L OE_1
22048-04 I111M - n344
REDEVELOP TENT AGENCY OF THE CITY OF LAKE EMINORE
Community Facilities District No.90-2
(Tuscany Hills Public Improvements)
ORDER OF PROCEEDINGS FOR HEARINGS
November 27, 1990
I. The Chairman of the Agency makes the following opening remarks:
"This is the time and place for the public hearings in this Board's
proceedings for Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements). The hearings are to inquire into the formation of the District, the
levy of special taxes in the District and the need to incur bonded indebtedness in
the District.
"Before I formally open the hearings, are there any property owners or
registered voters in the District who wish to file written protests? If so, they must
be filed with the Agency Secretary now.
[Pause to see if there are any protests.]
"The hearings are now officially open. To have orderly hearings, we will
first have presentations by staff and the consultants about the District. After that,
we will receive comments and questions and any oral protests from any interested
persons. When all comments have been received the hearings will be closed."
2. Staff and consultants make presentations.
3. Time for comments, questions and protests from audience.
4. Close hearings.
5. The Agency Governing Board may then ask questions and discuss the District.
S. When discussion is through, the Agency Governing Board considers and adopts:
• Resolution of Formation of Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2 (Tuscany Hills Public Improvements),
Authorizing the Levy of a Special Tax within the District, Preliminarily
Establishing an Appropriations Limit for the District and Submitting Levy of
the Special Tax and the Establishment of the Appropriations Limit to the
Qualified Electors of the District
• Resolution Determining the Necessity to Incur Bonded Indebtedness within
Redevelopment Agency of the City of Lake Elsinore Community Facilities
District No. 90-2 (Tuscany Hills Public Improvements) and Submitting
Proposition to the Qualified Electors of the District
AGENDA ITEM 0. LA
FAGEOF
• Resolution Calling Special Election
7. The Chairman then announces:
"At this time, I ask the Agency Secretary to open the ballots and announce
the results of the election."
[Pause for opening of ballots.]
8. The Agency Secretary opens the ballots and announces the results of the election. The
Agency Secretary then completes one copy of the Canvass and Statement of Result of
Election.
9. The Chairman then announces:
"The results of the election being unanimously in favor of the levy of the
special taxes, the establishment of the appropriations limit and the incurring of
bonded indebtedness, we may now proceed with the final actions for the District."
10. The Agency Governing Board considers and takes the following actions:
• adoption of the Resolution Declaring Results of Special Election and Directing
Recording of Notice of Special Tax Lien
• first reading of the Ordinance of the Redevelopment Agency of the City of Lake
Elsinore Levying Special Taxes within Redevelopment Agency of the City of
Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements)
• adoption of the Resolution Authorizing the Issuance of Special Tax Bonds of the
Redevelopment Agency of the City of Lake Elsinore for Redevelopment Agency
of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany
Hills Public Improvements), Approving and Directing the Execution of a Fiscal
Agent Agreement, and Approving Other Related documents and actions
End of Item.
-2-
: AGENDA 1 i EM NO l.�'1•
PACE _3�:O 7
Z2M6-04 JHRWMTI do 10MI90 182a
11/02/90
I 111 M
RESOLUTION NO. 9 —9
A RESOLUTION OF FORMATION OF REDEVELOPMENT AGENCY OF THE
CITY OF I A KE ELSINORE COMMUNITY FACILITIES DISTRICT NO.90-2
(TUSCANY HILLS PUBLIC rvIPROVEMENTS),AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN THE DISTRICT,PRELnIINARILY ESTABLISHING AN
APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE
SPECIAL TAX AND THE ESTABLISIBI NT OF THE APPROPRIATIONS LDM TO
THE QUALIFIED ELECTORS OF THE DISTRICT
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2
(Tuscany Hills Public Improvements)
RESOLVED by the Governing Board of the Redevelopment Agency of the City of
Lake Elsinore (the "Agency") that:
WHEREAS, on October 24, 1990, this Governing Board adopted a resolution entitled
"A Resolution of Intention to Establish a Community Facilities District and to Authorize
the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982"
(the "Resolution of Intention"), stating its intention to form the Redevelopment Agency of
the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements) (the "District"), pursuant to the Mello-Roos Community Facilities Act of
1982, as amended (the "Act"); and
WHEREAS, the Resolution of Intention, incorporating a map of the proposed
boundaries of the District and stating the facilities to be financed, the cost of providing
such facilities, and the rate and method of apportionment of the special tax to be levied
within the District to pay the principal and interest on bonds proposed to be issued with
respect to the District, is on file with the Secretary and the provisions thereof are
incorporated herein by this reference as if fully set forth herein; and
WHEREAS, subsequent to its adoption, the facilities to be financed and the rate
and method of apportionment were revised to correct certain deficiencies, and there are
attached to this Resolution the revised list of facilities to be financed and the rate and
method of apportionment of the special taxes; and
WHEREAS, on this date, this Governing Board held a noticed public hearing as
required by the Act and the Resolution of Intention relative to the proposed formation of
the District;and
WHEREAS, at said hearing all interested persons desiring to be heard on all
matters pertaining to the formation and extent of the District, the facilities to be provided
therein and the levy of said special tax were heard and a full and fair hearing was held;
and
WHEREAS, at said hearing evidence was presented to this Governing Board on
said matters before it, including a report by the Director of Public Works (the "Report") as
A3E%)A ITEM NO
.__Ljj�,
PAGE TOF: 7-6—
to the facilities to be provided through the District and the costs thereof, a copy of which is
on file with the Secretary, and this Governing Board at the conclusion of said hearing
was fully advised with respect to the premises; and
WHEREAS, copies of the Report and the revised list of facilities to be financed and
rate and method of apportionment of the special taxes have been delivered to the
landowners within the District prior to the date hereof; and
WHEREAS, written protests with respect to the formation of the District, the
furnishing of specified types of facilities and the rate and method of apportionment of the
special taxes have not been filed with the Secretary by fifty percent (50170 or more of the
registered voters residing within the territory of the District or property owners of one-
half(1/2) or more of the area of land within the District and not exempt from the special
tax; and
WHEREAS, the special tax proposed to be levied in the District to pay for the
proposed facilities to be provided therein, as set forth in Exhibit B hereto, has not been
eliminated by protest by fifty percent (50%) or more of the registered voters residing
within the territory of the District or the owners of one-half (V2) or more of the area of
land within the District and not exempt from the special tax.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. The foregoing recitals are true and correct.
2. The proposed special tax to be levied within the District has not been precluded
by majority protest pursuant to Section 53324 of the Act.
3. All prior proceedings taken by this Governing Board in connection with the
establishment of the District and the levy of the special tax have been duly considered and
are hereby found and determined to be valid and in conformity with the Act,
4. The community facilities district designated "Redevelopment Agency of the City
of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements)" is hereby established pursuant to the Act.
5. The boundaries of the District, as set forth in the map of the District heretofore
recorded in the Riverside County Recorder's Office in Book 31 at page 9 of Maps of
Assessment and Community Facilities Districts, are hereby approved, are incorporated
herein by reference and shall be the boundaries of the District.
6. The type of public facilities proposed to be financed by the District and pursuant
to the Act shall consist of those items listed as facilities on Exhibit A attached hereto and
by this reference incorporated herein (the "Facilities").
7. Except to the extent that funds are otherwise available to the District to pay for
the Facilities and/or the principal and interest as it becomes due on bonds of the District
issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by
a continuing lien against all non-exempt real property in the District, is intended to be
levied annually within the District, and collected in the same manner as ordinary ad
valorem property taxes. The proposed rate and method of apportionment of the special
tax among the parcels of real property within the District, in sufficient detail to allow
each landowner within the proposed District to estimate the probable maximum amount
-2-
AGENDA ITEU NQ .
PACE _S- _OF T
such owner will have to pay, are described in Exhibit B attached hereto and by this
reference incorporated herein.
S. It is hereby found and determined that the Facilities are necessary to meet
increased demands placed upon local agencies as the result of development occurring in
the District.
9. The Director of Administrative Services of the City of Lake Elsinore, 130 South
Main Street, Lake Elsinore, California 92330, telephone number (714) 674-3124, is the
officer for the Agency which will be responsible for preparing annually a current roll of
special tax levy obligations by assessor's parcel number and which will be responsible for
estimating future special tax levies pursuant to Section 53340.2 of the Act.
10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the
California Streets and Highways Code, a continuing lien to secure each levy of the special
tax shall attach to all nonexempt real property in the District and this lien shall continue
in force and effect until the special tax obligation is prepaid and permanently satisfied
and the lien canceled in accordance with law or until collection of the tax by the Agency
ceases.
11. In accordance with Section 53325.7 of the Act, the annual appropriations limit,
as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of
the District is hereby preliminarily established at $10,000,000 and said appropriations
limit shall be submitted to the voters of the District as hereafter provided. The proposition
establishing said annual appropriations limit shall become effective if approved by the
qualified electors voting thereon and shall be adjusted in accordance with the applicable
provisions of Section 53325.7 of the Act.
12. Pursuant to the provisions of the Act, the proposition of the levy of the special
tax and the proposition of the establishment of the appropriations limit specified above
shall be submitted to the qualified electors of the District at an election, the time, place
and conditions of which shall be as specified by a separate resolution of this Governing
Board.
-3-
AGENDA ITEM NC.—
PACE.OF
PASSED AND ADOPTED this 27th day of November, 1990,by the following vote:
AYES: BOARDMEM 3ERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEM 3ERS:
William S. Buck, Chairman
Redevelopment Agency of the City of
Lake Elsinore
(SEAL)
Attest:
By.
Vicki Kasad, Secretary
Redevelopment Agency of the City of
Lake Elsinore
-4-
AGENDA ITEM No. 4-o •
PAGE__!Z__4�
SIT A
DESCRIPTION OF FACH=S TO BE FINANCED
BY THE DISTRICT
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. W2
(Tuscany Hills Public Improvements)
FACILITIES:
L Grading. The grading for public streets, public access roads and public
building pads within and in the vicinity of the District. More specifically, the grading for:
Summerhill Drive from Canyon Ridge Drive northeasterly and northerly to Greenwald
Street; Via de la Valle from Summerhill Drive easterly to its terminus; La Strada from
Summerhill Drive westerly to the westerly District boundary; Bella Vista from
Summerhill Drive westerly and northerly to Greenwald Street; the portion of Greenwald
Street adjacent to the northerly boundary of the District; and the access roads to the water
reservoirs in the vicinity of the District.
2. Street Improvements. The street improvements consist of the curb, gutter,
sidewalk, paving, street lights, storm drain and utilities in the public streets within and
in the vicinity of the District. More specifically, for: Summerhill Drive from Canyon
Ridge Drive northeasterly and northerly to Greenwald Street; Via de la Valle from
Summerhill Drive easterly to its terminus; La Strada from Summerhill Drive westerly to
the westerly District boundary; Bella Vista from Summerhill Drive westerly and
northerly to Greenwald Street; the portion of Greenwald Street adjacent to the northerly
District boundary; Bella Lucia from Summerhill Drive easterly to the water reservoir
access road; and the access roads to the water reservoirs in the vicinity of the District.
3. Domestic Water. The domestic water system consists of three reservoirs,
booster pumping stations; pressure reducing stations and the distribution mains and
appurtenances in the public streets and public easements within and in the vicinity of the
District. More specifically, in: Summerhill Drive from Canyon Ridge Drive
northeasterly and northerly to Greenwald Street; Via de la Valle from Summerhill Drive
easterly to its terminus; La Strada from Summerhill Drive westerly to the westerly
District boundary; Bella Vista from Summerhill Drive westerly and northerly to
Greenwald Street; the portion of Greenwald Street adjacent to the northerly boundary of
the District; and in Bella Lucia from Summerhill Drive to the access road and in the
access road to the reservoirs in the vicinity of the District, and/or other related backbone
water facilities deemed necessary for a complete and operational system for all or a
portion of the Tuscany Hills development as identified by the City Engineer.
4. Sanitary Sewer. The sewer system consists of gravity sewer, manholes, lift
stations, force mains and appurtenances in public streets and public easements within
and in the vicinity of the District. More specifically, in: Summerhill Drive from Corte
Seriu northeasterly and northerly to Greenwald Street; Via de la Valle from Summerhill
Drive easterly to its terminus; offsite in a public easement along the northerly side of the
San Jacinto River; La Strada from Summerhill Drive westerly to the westerly District
boundary; Bella Vista from Summerhill Drive westerly and northerly to Greenwald
A-1
AGENDA ITEM NO. ! _.
PAGE_5 __OF�_
Street; and a portion of Greenwald Street adjacent to the northerly boundary of the
District, and/or other related backbone sanitary sewer facilities deemed necessary for a
complete and operational system for all or a portion of the Tuscany Hills development as
identified by the City Engineer.
OTHER:
L The amount necessary to discharge the liens on property within the District
imposed pursuant to proceedings conducted to form the City's Summerhill Bridge
Assessment District No. 89-1.
2. Costs of engineering, design, planning and coordination related to the
above-listed facilities.
3. Bond related expenses, including bond counsel and all other incidental
expenses.
4. Administrative fees of the Agency, the Lake Elsinore Public Financing
Authority and the Bond fiscal agent related to the District and the Bonds.
A-2
AGENDA ITEM NO
SAG GE� y -
EDIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2
(Tuscany Hills Public Improvements)
B-1
AGENDA ITEM NO.
PAGE�TGr��
22MB-04 JHHW:PJTak 1om"o J8270
11/02r90
1L18190
RESOLUTION NO.
A RESOLUTION DETERAUNING THE NECESSITY TO INCUR BONDED
INDEBTEDNESS WITHIN THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE COMMUNITY FACILITIES DISTRICT NO.90-2 (TUSCANY M1,1
PUBLIC 13 PROVENIFNTS)AND SUBMITTING PROPOSITION TO THE QUALIFIED
ELECTORS OF THE DLS`TRICT
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2
(Tuscany Hills Public Improvements)
RESOLVED, by the Governing Board of the Redevelopment Agency of the City of
Lake Elsinore (the "Agency") that:
WHEREAS, on October 24, 1990, this Governing Board adopted a resolution entitled
"A Resolution of intention to Establish a Community Facilities District and to Authorize
the Levy of Special Taxes Pursuant to the Mello-Roos Act of 1982" (the "Resolution of
Intention") stating its intention to form the Redevelopment Agency of the City of Lake
Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements)
(the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended (the "Act"); and
WHEREAS, on October 24, 1990, this Governing Board also adopted a resolution
entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed
Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2
(Tuscany Hills Public Improvements) Pursuant to the Mello-Roos Community Facilities
Act of 1982" (the "Resolution of Intention to Incur Indebtedness") stating its intention to
incur bonded indebtedness within the boundaries of the District for the purpose of
financing the costs of certain facilities specified in the Resolution of Intention; and
WHEREAS, on this date, this Governing Board held a noticed public hearing as
required by the Act relative to the determination to proceed with the formation of the
District, the provision of facilities by the District and the rate and method of
apportionment of the special tax to be levied within the District to pay the principal and
interest on the proposed indebtedness and the administrative costs of the Agency relative
to the District; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the formation of the District, the provision of said facilities (the "Facilities")
and the levy of the special tax on property within the District were heard and a full and
fair hearing was held; and
WHEREAS, subsequent to said hearing, this Governing Board adopted a
resolution entitled "A Resolution Of Formation Of Redevelopment Agency of the City of
Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements), Authorizing The Levy Of A Special Tax Within The District,
Preliminarily Establishing An Appropriations Limit For The District And Submitting
Levy Of The Special Tax And The Establishment of The Appropriations Limit To The
Qualified Electors Of The District" (the "Resolution of Formation"); and
A�;EtZA 1TE:JE N0. ._
PACE__0F'L(p
WHEREAS, on this date, this Governing Board held a noticed public hearing as
required by the Act relative to the matters material to the questions set forth in the
Resolution of Intention to Incur Indebtedness; and
WHEREAS, no written protests with respect to the matters material to the
questions set forth in the Resolution of Intention to Incur Indebtedness have been filed
with the Secretary.
NOW, THEREFORE,IT IS HEREBY ORDERED as follows:
1. The foregoing recitals are true and correct.
2. it is necessary to incur bonded indebtedness in the maximum aggregate
principal amount of$50,000,000 within the boundaries of the District.
3. The indebtedness is incurred for the purpose of financing the costs of the
Facilities, as provided in the Resolution of Formation including, but not limited to, the
costs of issuing and selling bonds to finance the Facilities and the costs of the Agency in
administering the District.
4. The whole of the District shall pay for the bonded indebtedness through the levy
of the special tax. The tax is to be apportioned in accordance with the formula set forth in
Exhibit "B" to the Resolution of Formation.
5. The maximum amount of bonded indebtedness to be incurred is $50,000,000 and
the maximum term of the bonds to be issued shall in no event exceed forty(40)years.
6. The bonds shall bear interest at rate or rates not to exceed the maximum
interest rate permitted by applicable law at the time of sale of the bonds, payable
semiannually or in such other manner as this Governing Board or its designee shall
determine, the actual rate or rates and times of payment of such interest to be determined
by this Governing Board or its designee at the time or times of sale of said bonds.
7. The proposition of incurring the bonded indebtedness herein authorized shall
be submitted to the qualified electors of the District and shall be consolidated with
elections on the proposition of levying special taxes within the District and the
establishment of an appropriations limit for the District pursuant to Section 63353.5 of the
Act. The time, place and conditions of said election shall be as specified by separate
resolution of this Governing Board.
-2-
AGENDA ITEM N0.
PAGE IXOF�
PASSED AND ADOPTED this 27th day of November, 1990,by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
William S. Buck, Chairman
Redevelopment Agency of the City of
Lake Elsinore
(SEAL)
Attest:
Vicki Kasad, Secretary
Redevelopment Agency of the City of
Lake Elsinore
-3-
AGENDA ITEM N0. ,
PAGE�_DF
22Q48-04 JHHA'AJTalc 10M)90 J0271
11AM90
i vi"o
RESOLUTION NO. 90-1 f
A RESOLUTION CALLING SPECIAL ELECTION
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2
(Tuscany Hills Public Improvements)
RESOLVED, by the Governing Board of the Redevelopment Agency of the City of
Lake Elsinore (the "Agency") that:
WHEREAS, on this date, this Governing Board adopted a resolution entitled "A
Resolution of Formation of Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2 (Tuscany Hills Public Improvements),
Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an
Appropriations Limit for the District and Submitting Levy of the Special Tax and the
Establishment of the Appropriations Limit to the Qualified Electors of the District" (the
"Resolution of Formation"), ordering the formation of Redevelopment Agency of the City
of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements) (the "District"), authorizing the levy of a special tax on property within
the District and preliminarily establishing an appropriations limit for the District;
WHEREAS, on this date, this Governing Board also adopted a resolution entitled
"A Resolution Determining the Necessity to Incur Bonded Indebtedness Within the
Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2
(Tuscany Hills Public Improvements) and Submitting Proposition to the Qualified
Electors of the District" (the "Resolution to Incur Indebtedness"), determining the
necessity to incur bonded indebtedness in the maximum aggregate principal amount of
$50,000,000 upon the security of said special tax to be levied within the District;and
WHEREAS, pursuant to the provisions of said resolutions, the propositions of the
levy of said special tax, the establishment of the appropriations limit and the incurring of
the bonded indebtedness shall be submitted to the qualified electors of the District as
required by the Mello-Roos Community Facilities Act of 1982, as amended (the "Act").
NOW THEREFORE, IT IS HEREBY ORDERED as follows:
1. Pursuant to Sections 53326, 53353.5 and 53325.7 of the Act, the issues of the levy
of said special tax, the incurring of bonded indebtedness and the establishment of said
appropriations limit shall be submitted to the qualified electors of the District at an
election called therefor as provided below.
2. As authorized by Section 53353.5 of the Act, the three propositions described in
paragraph 1 above shall be combined into a single ballot measure, the form of which is
attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of
ballot is hereby approved.
3. This Governing Board hereby finds that fewer than 12 persons have been
registered to vote within the territory of the District for each of the ninety (90) days
preceding the close of the public hearings heretofore conducted and concluded by this
AGENDA 1SEM NO-
FAGE-K-OF
Governing Board for the purposes of these proceedings. Accordingly, and pursuant to
Section 53326 of the Act, this Governing Board finds that for purposes of these
proceedings the qualified electors are the landowners within the District and that the vote
shall be by said landowners or their authorized representatives, each having one vote for
each acre or portion thereof such landowner owns in the District as of the close of said
public hearings.
4. This Governing Board hereby calls a special election to consider the measures
described in paragraph 2 above, which election shall be held in the meeting room of this
Governing Board immediately following adoption of this Resolution. The Secretary is
hereby designated as the official to conduct said election. It is hereby acknowledged that
the Secretary has on file the Resolution of Formation, a certified map of the proposed
boundaries of the District, and a sufficient description to allow the Secretary to determine
the boundaries of the District.
The voted ballots shall be returned to the Secretary immediately following the
adoption of this Resolution; and when all of the qualified voters have voted the election
shall be closed.
5. Pursuant to Section 53327 of the Act, the election shall be conducted by mail or
hand-delivered ballot pursuant to Section 1340 of the California Elections Code. This
Governing Board hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section
1340 are applicable to this special election.
6. This Governing Board acknowledges that the Secretary has caused to be
delivered to each of the qualified electors of the District a ballot in the form set forth in
Exhibit "A" hereto. Each ballot indicates the number of votes to be voted by the respective
landowner to which it pertains.
Each ballot was accompanied by all supplies and written instructions necessary
for the use and return of the ballot. The envelope to be used to return the ballot was
enclosed with the ballot, had the return postage prepaid, and contained the following: (a)
the name and address of the landowner, (b) a declaration, under penalty of perjury,
stating that the voter is the owner of record or authorized representative of the landowner
entitled to vote and is the person whose name appears on the envelope, (c) the printed
name, signature and address of the voter, (d) the date of signing and place of execution of
the declaration described in clause (b) above, and (e) a notice that the envelope contains
an official ballot and is to be opened only by the canvassing board.
Analysis and arguments with respect to the ballot measures are hereby waived, as
provided in Section 53327 of the Act.
7. The Secretary shall accept the ballots of the qualified electors in the meeting
room of this Governing Board upon and prior to the adoption of this Resolution, whether
said ballots be personally delivered or received by mail. The Secretary shall have
available at said location ballots which may be marked on the election day by said
qualified electors.
8. This Governing Board hereby further finds that the provision of Section 53326 of
the Act requiring a minimum of 90 days following the adoption of the Resolution of
Formation to elapse before said special election is for the protection of the qualified
electors of the District. The voted ballots of the landowners within the District contain a
waiver of the time limit pertaining to the conduct of the election. Accordingly, this
Governing Board finds and determines that said qualified electors have been fully
-2-
AGENDA ITEM ?4
PAGE _0F
apprised of and have agreed to the shortened time for the election and have thereby been
fully protected in these proceedings. This Governing Board also finds and determines
that the Secretary has concurred in the shortened time for the election.
9. The Secretary is hereby directed to publish in a newspaper of general
circulation circulating within the area of the District a copy of this Resolution and a copy
of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption
of this Resolution.
PASSED AND ADOPTED this 27th day of November, 1990, by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEM 3ERS:
ABSENT: BOARDMEMBERS:
William S. Buck, Chairman
Redevelopment Agency of the City of
Lake Elsinore
(SEAL)
Attest:
Vicki Kasad, Secretary
Redevelopment Agency of the City of
Lake Elsinore
-3-
AGENDA JTEM 1i0. If
PAGEJ-6__�0F_ (0
SIT A
REDn'EIDPINIEN7 AGENCY OF THE CITY OF LAKE E SINORE
Community Facilities District No.90-2
(Tunny Hills Public Improvements)
OFFICIAL RALLOT
SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the Secretary of the Redevelopment Agency.
of the City of Lake Elsinore no later than immediately after adoption of the resolution of
the Governing Board calling said election on November 27, 1990, either by mail or in
person. The Secretary's office is located at 130 South Main Street, Lake Elsinore,
California, 92330.
To vote, mark a cross (X) on the voting line after the word "YES" or after the word
'NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden
and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the Secretary of the
Redevelopment Agency of the City of Lake Elsinore and obtain another.
BALLOT MEASURE: Shall the Redevelopment Agency of
the City of Lake Elsinore incur an indebtedness and issue
bonds in one or more series in the maximum aggregate
principal amount of$50,000,000, with interest at a rate or
rates not to exceed the maximum interest rate permitted by Yes:
law at the time of sale of such bonds on behalf of the
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2 (Tuscany Hills
Public Improvements) (the "District"), the proceeds of No:
which will be used to finance certain public improvements;
shall a special tax payable solely from lands within the
District be levied annually upon lands within the District to
pay for the principal and interest upon such bonds and the
costs of the Agency in administering the District, and shall
the annual appropriations limit of the District be
established in the amount of$10,000,000?
By execution in the space provided below, you also indicate your waiver of the time
limit pertaining to the conduct of the election and any requirement for analysis and
arguments with respect to the ballot measure, as such waivers are described and
permitted by Section 53326(a)and 53327(b)of the California Government Code.
Number of Votes:
Property Owners:
A-1
AGENDA ITUA N')._ •
PAGE! OF
12048-04 JHHW:PXrak 1GW90 ism
1Lc"o
11 I"O
RESOLUTION NO. dL
A RESOLUTION DECLARING RESULTS OF SPECL4L ELECTION AND DIRECTING
RECORDING OF NOTICE OF SPECIAL TAX LIEN
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2
(Tuscany Hills Public Improvements)
RESOLVED, by the Governing Board of the Redevelopment Agency of the City of
Lake Elsinore (the "Agency") that:
WHEREAS, in proceedings heretofore conducted by this Governing Board
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"),
this Governing Board on this date adopted a resolution entitled "A Resolution Calling
Special Election", calling for a special election of the qualified electors within the
Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2
(Tuscany Hills Public Improvements) of the Agency (the "District"); and
WHEREAS, pursuant to the terms of said resolution, which are by this reference
incorporated herein, said special election was held on this date, and the Secretary has on
file a Canvass and Statement of Results of Election, a copy of which is attached hereto as
Exhibit "A"; and
WHEREAS, this Governing Board has reviewed said Canvass and hereby approves
it.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. The issues presented at said special election were the incurring of a bonded
indebtedness in the maximum aggregate principal amount of $50,000,000, the levy of a
special tax within the District to be levied in accordance with the formula heretofore
approved by this Governing Board by its resolution adopted this date entitled "A
Resolution of Formation of Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2 (Tuscany Hills Public Improvements),
Authorizing Levy of a Special Tax Within the District, Preliminarily Establishing an
Appropriations Limit for the District and Submitting Levy of the Special Tax and the
Establishment of the Appropriations Limit to the Qualified Electors of the District", and
the approval of an annual appropriations limit of not to exceed $10,000,000 pursuant to
said resolution.
2. Pursuant to said Canvass on file with the Secretary, the issues presented at
said special election were approved by the qualified electors of the District by more than
two-thirds of the votes cast at said special election.
3. Pursuant to said voter approval, the District is hereby declared to be fully
formed with the authority to incur bonded indebtedness and to levy special taxes as
heretofore provided in these proceedings and in the Act.
AGENDA ITEM r_
40
PACE �
4. It is hereby found that all prior proceedings and actions taken by this
Governing Board with respect to the District were valid and in conformity with the Act.
b. The Secretary is hereby directed to execute and cause to be recorded in the office
of the County Recorder of the County of Riverside a notice of special tax lien in the form
required by the Act, said recording to occur no later than fifteen days following adoption
by the Governing Board of this resoltion.
PASSED AND ADOPTED this 27th day of November, 1990,by the following vote:
AYES: BOARDMEMBERS.
NOES. BOARDMEMBERS:
ABSENT: BOARDMEM 3ERS:
William S. Buck, Chairman
Redevelopment Agency of the City of
Lake Elsinore
(SEAL)
Attest:
W.
Vicki Kasad, Secretary
Redevelopment Agency of the City of
Lake Elsinore
-2-
AGENDA ITEM N0.
—4,
PACE�_OF
EX11�IT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2
(Tuscany Hills Public Improvements)
I hereby certify that on November 27, 1990, I canvassed the returns of the election
held on November 27, 1990, in the Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) and the
total number of ballots cast in said District and the total number of votes cast for and
against the measure are as follows and the totals as shown for and against the measure
are full, true and correct:
Qualified
Landowner Votes
Vote-q Cast YES NO
Redevelopment Agency of the City of
Lake Elsinore Community Facilities
District No. 90-2 (Tuscany Hills Public 935
Improvements) Special Tax Election,
November 27, 1990.
BALLOT MEASURE: Shall the Redevelopment Agency of the City of Lake Elsinore
incur an indebtedness and issue bonds in one or more series in the maximum aggregate
principal amount of $50,000,000, with interest at a rate or rates not to exceed the
maximum interest rate permitted by law at the time of sale of such bonds on behalf of the
Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2
(Tuscany Hills Public Improvements) (the "District"), the proceeds of which will be used
to finance certain public improvements; shall a special tax payable solely from lands
within the District be levied annually upon lands within the District to pay for the
principal and interest upon such bonds and the costs of the Agency in administering the
District, and shall the annual appropriations limit of the District be established in the
amount of$10,000,000?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 27th day of
November, 1990.
Secretary,
Redevelopment Agency of the City of
Lake Elsinore
A-1
ACENDA ITEM NO.
PACE TOF •
22048-04 JHHW;WTslc 10)05/90 J8m
11/02J90
11/18190
ORDINANCE NO. RDA 1-
AN ORDINANCE OF THE GOVERNING BOARD OF THE REDEVELOPNOM
AGENCY OF THE CITY OF LAKE ELSE40RE LEVYING SPECIAL TAXES WITHIN
THE REDEVELOPhIENT AGENCY OF THE CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO.90-2(TUSCANY T-M IS PUBLIC IMPROVEMENTS)
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2
(Tuscany Hills Public Improvements)
WHEREAS,on October 24, 1990, this Governing Board adopted a resolution entitled
"A Resolution of Intention to Establish a Community Facilities District and to Authorize
the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982"
(the "Resolution of Intention"), stating its intention to establish the Redevelopment
Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills
Public Improvements) (the "District") pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended (the "Act"), to finance certain facilities (the "Facilities");
WHEREAS, notice was published as required by the Act relative to the intention of
this Governing Board to form the District and to provide for the Facilities;
WHEREAS, this Governing Board has held a noticed public hearing as required by
the Act relative to the determination to proceed with the formation of the District and the
rate and method of apportionment of the special tax to be levied within the District to
finance a portion of the costs of the Facilities;
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the formation of the District and the levy of said special taxes were heard,
substantial evidence was presented and considered by this Governing Board and a full
and fair hearing was held;
WHEREAS, subsequent to said hearing, this Governing Board adopted resolutions
entitled "A Resolution of Formation of Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2 (Tuscany Hills Public Improvements),
Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an
Appropriations Limit for the District and Submitting Levy of the Special Tax and the
Establishment of the Appropriations Limit to the Qualified Electors of the District"'(the
"Resolution of Formation"), "A Resolution Determining the Necessity to Incur Bonded
Indebtedness Within the Redevelopment Agency of the City of Lake Elsinore Community
Facilities District No. 90-2 (Tuscany Hills Public Improvements) and Submitting
Proposition to the Qualified Electors of the District" and "A Resolution Calling Special
Election", which resolutions established the District, authorized the levy of a special tax
within the District, and called an election within the District on the proposition of
incurring indebtedness, levying a special tax, and establishing an appropriations limit
within the District, respectively; and
AGENDA ITEM NO. ,
PAGi_�,pE�_
WHEREAS, an election was held within the District in which the eligible
Iandowner electors approved said propositions by more than the two-thirds vote required
by the Act-
NOW, THEREFORE, the Governing Board of the Redevelopment Agency of the City
of Lake Elsinore ordains as follows:
Section 1. By the passage of this Ordinance this Governing Board hereby
authorizes and levies special taxes within the District pursuant to California
Government Code Sections 53328 and 53340, at the rate and in accordance with the
formula set forth in the Resolution of Formation which Resolution is by this reference
incorporated herein. The special taxes are hereby levied commencing in fiscal year 1991-
92 and in each fiscal year thereafter until payment in full of any bonds of the Agency
issued for the District (the "Bonds") and all costs of administering the District.
Section 2. The Director of Administrative Services of the City of Lake Elsinore, or
in his absence the Executive Director of the Agency, is hereby authorized and directed
each fiscal year to determine the specific special tax rate and amount to be levied for the
next ensuing fiscal year for each parcel of real property within the District, in the
manner and as provided in the Resolution of Formation.
Section 3. Properties or entities of the State or local governments shall be exempt
from any levy of the special taxes to the extent set forth in the Resolution of Formation. In
no event shall the special taxes be levied on any parcel within the District in excess of the
maximum tax specified in the Resolution of Formation.
Section 4. All of the collections of the special tax shall be used as provided for in
the Act and in the Resolution of Formation including, but not limited to, the payment of
principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds,
the payment of the costs of the Agency in administering the District and the costs of
collecting and administering the special tax.
Section 5. The special taxes shall be collected in the same manner as ordinary ad
valorem taxes are collected and shall have the same lien priority, and be subject to the
same penalties and the same procedure and sale in cases of delinquency as provided for
ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to
delinquent special tax payments. The Director of Administrative Services of the City of
Lake Elsinore, or in his absence the Executive Director of the Agency, is hereby
authorized and directed to provide all necessary information to the auditor/tax collector of
the County of Riverside in order to effect proper billing and collection of the special tax, so
that the special tax shall be included on the secured property tax roll of the County of
Riverside for fiscal year 1991-92 and for each fiscal year thereafter until the Bonds are
paid in full.
Section 6. If for any reason any portion of this ordinance is found to be invalid, or
if the special tax is found inapplicable to any particular parcel within the District, by a
Court of competent jurisdiction, the balance of this ordinance and the application of the
special tax to the remaining parcels within the District shall not be affected.
Section 7. The Chairman shall sign this Ordinance and the Secretary shall cause
the same to be published within fifteen (15) days after its passage at least once in a
newspaper of general circulation published and circulated in the area of the District.
Section 8. This Ordinance shall take effect 30 days from the date of final passage.
-2-
AGENDA ITEM 140.
PAGE�,� OF
PASSED ANm ADOPTED this_day of December, 1990,by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
William S. Buck, Chairman
Redevelopment Agency of the City of
Lake Elsinore
(SEAL)
Attest:
By.
Vicki Kasad, Secretary
Redevelopment Agency of the City of
Lake Elsinore
-3-
ACEINDA ITEM I.1J.
PAGE OF
22e48-04 JHHW:P"e 10/05/90 J8274
1VO"O
iia"o
RESOLUTION NO. 13
A RESOLUTION AUTHOR123NG THE ISSUANCE OF SPECIAL TAX BONDS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE FOR
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CONEUtTNTTY
FACILITIES DISTRICT NO.90.2 (TUSCANY HILLS PUBLIC UVIPROVEMEENI'S),
APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT
AGREEMENT,AND APPROVING OTHER RELATED DOCUNEENTS AND ACTIONS
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2
(Tuscany Hills Public Improvements)
RESOLVED, by the Governing Board of the Redevelopment Agency of the City of
Lake Elsinore (the "Agency") that:
WHEREAS, this Governing Board has conducted proceedings under and pursuant
to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to form the
Redevelopment Agency of the City of Lake EIsinore Community Facilities District No. 90-2
(Tuscany Hills Public Improvements) (the "District"), to authorize the levy of special
taxes upon the land within the District, and to issue bonds secured by said special taxes
the proceeds of which are to be used to finance certain facilities (the "Facilities"), all as
described in the Resolutions entitled, "A Resolution of Formation of Redevelopment
Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills
Public Improvements), Authorizing the Levy of a Special Tax Within the District,
Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy
of the Special Tax and the Establishment of the Appropriations Limit to the Qualified
Electors of the District" and "A Resolution Determining the Necessity to Incur Bonded
Indebtedness Within the Redevelopment Agency of the City of Lake Elsinore Community
Facilities District No. 90-2 (Tuscany Hills Public Improvements) and Submitting
Proposition to the Qualified Electors of the District", adopted by this date; and
WHEREAS, pursuant to said resolutions, an election was held within the District
on this date and the qualified electors approved the propositions of the incurrence of the
bonded debt and the levy of the special tax by more than two-thirds of the votes cast at said
special election; and
WHEREAS, there have been submitted to this Governing Board certain documents
providing for the issuance of bonds of the Agency for the District and the use of the
proceeds of those bonds to finance the Facilities and this Governing Board, with the aid of
its staff, has reviewed said documents and found them to be in proper order; and
WHEREAS, all conditions, things and acts required to exist, to have happened and
to have been performed precedent to and in the issuance of said bonds and the levy of said
special taxes as contemplated by this Resolution and the documents referred to herein
exist, have happened and have been performed in due time, form and manner as
required by the laws of the State of California, including the Act.
AGENDA ITEM Tio.q.A
PAGE24OE, �
NOW,THEREFORE,IT IS HEREBY ORDERED as follows:
Section 1. Pursuant to the Act, this Resolution and the Fiscal Agent Agreement
(hereafter defined), special tax bonds of the Agency for the District designated as
"Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-
2 (Tuscany Hills Public Improvements) 1990 Special Tax Bonds" (the 'Bonds") in an
aggregate principal amount not to exceed $30,000,000 are hereby authorized to be issued.
The Bonds shall be executed in the form set forth in and otherwise as provided in the
Fiscal Agent Agreement.
Section 2. The proposed form of Fiscal Agent Agreement (the "Fiscal Agent
Agreement") with respect to the Bonds in the form presented to this Governing Board at
this meeting, is hereby approved. The Executive Director of the Agency is hereby
authorized and directed to execute and deliver the Fiscal Agent Agreement in
substantially said form, with such additions thereto or changes therein as are approved
by the Executive Director of the Agency upon consultation with Co-Bond Counsel
including such additions or changes as are necessary or advisable in accordance with
Section 6 hereof, the approval of such additions or changes to be conclusively evidenced by
the execution and delivery of the Fiscal Agent Agreement by the Agency. The date,
manner of payment, interest rate or rates, interest payment dates, denominations, form,
registration privileges, manner of execution, place of payment, terms of redemption and
other terms of the Bonds shall be as provided in the Fiscal Agent Agreement as finally
executed.
Section 3. The proposed form of purchase contract for the Bonds (the "purchase
contract") between the Agency and the Lake Elsinore Public Financing Authority (the
"Authority"), in the form presented to this meeting, is hereby approved. The Executive
Director is hereby authorized and directed, for and in the name and on behalf of the
Agency, to accept the offer of the Authority to purchase the Bonds contained in the
purchase contract and to execute and deliver said purchase contract in said form, with
such additions thereto or changes therein as are recommended or approved by such
officer upon consultation with Co-Bond Counsel (provided that no additions or changes
shall authorize an aggregate principal amount of Bonds in excess of$30,000,000, or result
in an initial true interest cost on the Bonds in excess of 9% per annum), the approval of
such additions or changes to be conclusively evidenced by the execution and delivery by
the Agency of said purchase contract.
This Governing Board hereby finds and determines that the sale of the Bonds at
negotiated sale as contemplated by the purchase contract will result in a lower overall
cost.
Section 4. The Agency hereby covenants, for the benefit of the Bondowners, to
commence and diligently pursue to completion any foreclosure action regarding
delinquent installments of any amount levied as a special tax for the payment of interest
or principal of the Bonds, said foreclosure action to be commenced and pursued as more
completely set forth in the Fiscal Agent Agreement.
Section 5. The Bonds, when executed, shall be delivered to the Fiscal Agent for
authentication. The Fiscal Agent is hereby requested and directed to authenticate the
Bonds by executing the Fiscal Agent's certificate of authentication and registration
appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to
the Authority in accordance with written instructions executed on behalf of the Agency by
the Executive Director, which instructions such officer is hereby authorized and directed,
for and in the name and on behalf of the Agency, to execute and deliver to the Fiscal
-2-
AGENDA ITEM 1S0_ 1 -A-a
PAGE OF_-M_
Agent. Such instructions shall provide for the delivery of the Bonds to the Authority or its
designee in accordance with the purchase contract, upon payment of the purchase price
therefor.
Section 6. All actions heretofore taken by the officers and agents of the Agency
with respect to the establishment of the District and the sale and issuance of the Bonds
are hereby approved, confirmed and ratified, and the proper officers of the Agency are
hereby authorized and directed to do any and all things and take any and all actions and
execute any and all certificates, agreements and other documents, which they, or any of
them, may deem necessary or advisable in order to consummate the lawful issuance and
delivery of the Bonds in accordance with this resolution, and any certificate, agreement,
and other document described in the documents herein approved
Section 7. This resolution shall take effect from and after its adoption.
PASSED AND ADOPTED this 27th day of November, 1990,by the following vote:
AYES: BOARDMEMBERS:
NOES: BOARDMEMI3ERS:
ABSENT: BOARDMEM13ERS:
William S. Buck, Chairman
Redevelopment Agency of the City of
Lake Elsinore
(SEAL)
Attest:
By.
Vicki Kasad, Secretary
Redevelopment Agency of the City of
Lake Elsinore
-3-
AGENDA ITEM NO. AL
PACE _OF
22WM JBEW:PTfaie 1005 0 jam
17,Q290
W19%
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
Secretary
Redevelopment Agency of the City of Lake Elsinore
130 South Main Street
Lake Elsinore,CA 92330
NOTICE OF SPECIAL TAX LIEN
REDEVELOPhIENN'T AGENCY OF THE CITY OF LAKE ELSINORE
C011R1IUNITY FACILITIES DISTRICT NO. 90-2
(Tuscany Hills Public Improvements)
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code of
California and the Mello-Roos Community Facilities Act of 1982, as amended, section
53311, et. seq., of the California Government Code (the "Act"), the undersigned Secretary
of the Redevelopment Agency of the City of Lake Elsinore (the "Agency"), County of
Riverside, State of California, hereby gives notice that a lien to secure payment of a
special tax which the Governing Board of the Agency is authorized to levy, is hereby
imposed. The special tax secured by this lien is authorized to be levied for the purpose of
paying principal and interest on bonds, the proceeds of which are being used to finance
the public facilities described on Exhibit A attached hereto and hereby made a part
hereof.
The special tax is authorized to be levied within the Redevelopment Agency of the
City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements) which has now been officially formed and the lien of the special tax is a
continuing lien which shall secure each annual levy of the special tax and which shall
continue in force and effect until the special tax obligation is prepaid, permanently
satisfied, and cancelled in accordance with law or until the special tax ceases to be levied
and a notice of cessation of special tax is recorded.
The rate, method of apportionment, and manner of collection of the authorized
special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof.
Conditions under which the obligation to pay the special tax may be prepaid and
permanently satisfied and the lien of the special tax cancelled are as provided in
Exhibit B.
Notice is further given that upon the recording of this notice in the office of the
County Recorder of the County of Riverside, the obligation to pay the special tax levy shall
become a lien upon all nonexempt real property within the Redevelopment Agency of the
City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements) in accordance with Section 3115.5 of the Streets and Highways Code of
California.
The name(s) of the owner(s) of the real property included within the area of this
community facilities district as they appear on the latest secured assessment roll as of
the date of recording of this notice or are otherwise known to the Agency are as set forth
in Exhibit C attached hereto and hereby made a part hereof.
AGENDA ITEM N0.
PAGE2:fOF
Reference is made to the boundary map of the community facilities district
recorded at Book 31 of Maps of Assessment and Community Facilities Districts at Page 9,
in the office of the County Recorder for the County of Riverside, State of California, which
map is now the final boundary map of the community facilities district.
The assessor's tax parcel(s) numbers of all parcels or any portion thereof which
are included within the area of this community facilities district are as set forth in
Exhibit C attached hereto.
For further information concerning the current and estimated future tax liability
of owners or purchasers of real property subject to this special tax lien, interested
persons should contact the Director of Administrative Services of the City of Lake
Elsinore, 130 South Main Street, Lake Elsinore, California, 91360, telephone number
(714)674-3124.
Dated: , 1W.
Secretary,
Redevelopment Agency of the City of
Lake Elsinore
-2-
AGENDA IT
E Jf Pt0
PAGE OE
EXHIBIT A
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
COMbNNITY FACILTTIES DISTRICT NO.90-2
(Tuscany Hills Public Improvements)
PUBLIC FACII11IES TO BE PROVIDED
FACILITIES:
L Grading. The grading for public streets, public access roads and public
building pads within and in the vicinity of the District. More specifically, the grading for:
Summerhill Drive from Canyon Ridge Drive northeasterly and northerly to Greenwald
Street; Via de la Valle from Summerhill Drive easterly to its terminus; La Strada from
Summerhill Drive westerly to the westerly District boundary; Bella Vista from
Summerhill Drive westerly and northerly to Greenwald Street; the portion of Greenwald
Street adjacent to the northerly boundary of the District; and the access roads to the water
reservoirs in the vicinity of the District.
2. Street Improvements. The street improvements consist of the curb, gutter,
sidewalk, paving, street lights, storm drain and utilities in the public streets within and
in the vicinity of the District. More specifically, for: Summerhill Drive from Canyon
Ridge Drive northeasterly and northerly to Greenwald Street; Via de la Valle from
Summerhill Drive easterly to its terminus; La Strada from Summerhill Drive westerly to
the westerly District boundary; Bella Vista from Summerhill Drive westerly and
northerly to Greenwald Street; the portion of Greenwald Street adjacent to the northerly
District boundary; Bella Lucia from Summerhill Drive easterly to the water reservoir
access road; and the access roads to the water reservoirs in the vicinity of the District.
3. Domestic Water. The domestic water system consists of three reservoirs,
booster pumping stations; pressure reducing stations and the distribution mains and
appurtenances in the public streets and public easements within and in the vicinity of the
District. More specifically, in: Summerhill Drive from Canyon Ridge Drive
northeasterly and northerly to Greenwald Street; Via de la Valle from Summerhill Drive
easterly to its terminus; La Strada from Summerhill Drive westerly to the westerly
District boundary; Bella Vista from Summerhill Drive westerly and northerly to
Greenwald Street; the portion of Greenwald Street adjacent to the northerly boundary of
the District; and in Bella Lucia from Summerhill Drive to the access road and in the
access road to the reservoirs in the vicinity of the District, and/or other related backbone
water facilities deemed necessary for a complete and operational system for all or a
portion of the Tuscany Hills development as identified by the City Engineer.
4. Sanitary Sewer. The sewer system consists of gravity sewer, manholes, lift
stations, force mains and appurtenances in public streets and public easements within
and in the vicinity of the District. More specifically, in: Summerhill Drive from Corte
Seriu northeasterly and northerly to Greenwald Street; Via de la Valle from Summerhill
Drive easterly to its terminus; offsite in a public easement along the northerly side of the
San Jacinto River; La Strada from Summerhill Drive westerly to the westerly District
boundary; Bella Vista from Summerhill Drive westerly and northerly to Greenwald
Street; and a portion of Greenwald Street adjacent to the northerly boundary of the
District, and/or other related backbone sanitary sewer facilities deemed necessary for a
A-1
ACENDA 1TV NO.
PACE K OF
IV
complete and operational system for all or a portion of the Tuscany Hills development as
identified by the City Engineer.
OTHER:
L The amount necessary to discharge the liens on property within the District
imposed pursuant to proceedings conducted to form the City's Summerhill Bridge
Assessment District No. 89-1.
2. Costs of engineering, design, planning and coordination related to the
above-listed facilities.
3. Bond related expenses, including bond counsel and all other incidental
expenses.
4. Administrative fees of the Agency, the Lake Elsinore Public Financing
Authority and the Bond fiscal agent related to the District and the Bonds.
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AGENDA ITEM N-0.-4
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EXHIBIT B
REDEVELOPMENT AGENCY OF THE CITY OF LAB ELSINORE
COhUgLJNITY FACIUTIES DISTRICT NO.90.2
(Tuscany Hills Public Improvements)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
13-1
,AGENDA ITEM NO.
AGE TOF ""�
ExffiBIT C
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
COh31UNITY FACILITIES DISTRICT NO.90-2
(Tuscany Hills Public Improvements)
ASSESSOR'S PARCEL NUMBERS AND ORWERS OF LAND WITHIN
REDS TLOPAENT AGENCY OF THE CITY OF LAKE EISINORE
COALNIUNITY FACILITIES DISTRICT NO.90.2
(TUSCANY HILLS PUBLIC IMPROVEMENTS)
Assessor's Parcel N Fames and Addresses of Property Qwners
Homestead Land Development
350 North Sheridan Street,Suite 117
Corona, California 91720
Tuscany Hills Development Company
16935 W. Bernardo Drive, Suite 200
San Diego, California 92127-1696
Carlan Homes, Inc.
15991 Red Hill Avenue, Suite 201
Tustin, California 92680
Davidson Coscan Partners
12520 High Bluff Drive,Suite 300
San Diego, California 92130
Woodcrest Development of Riverside, Inc.
11711 Sterling Avenue, Suite I
Riverside, California 92503
Zeliner Communities L.P.
2910 Redhill Avenue
Costa Mesa, California 92626
C-1
A','FNDA ITEM NO. • •
PACE OF
2208-04 JHHW:PJTaic 10/U90 - J8M
I LAD"o
11li&90
FISCAL AGENT AGREEMENT
by and between
REDEVELOPMENT AGENCY OF THE CITY OF LAKE EI.SINORE
and
LAKE ELSINORE PUBLIC FINANCING AUTHORITY,
as Fiscal Agent
Dated as of December 1,1990
Relating to:
Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No.90-2
(Tuscany Hills Public Improvements)
1990 Special Tax Bonds
AGENDA iTE14i NO. �.
PAGE OF
TABLE OF CONTENT'S
ARTICLE I
STATUTORY AUTHORITY AND DEFINITIONS
Section 1.01. Authority for this Agreement.......................... .................................2
Section 1.02. Agreement for Benefit of Bondowners....................................................2
Section 1.03. Definitions..................................... ...........................................2
ARTICLE II
THE BONDS
Section 2.01. Principal Amount..........................................................................10
Section 2.02. Terms of Bonds.............................................................................20
Section2.03. Redemption.................................................................................11
Section2.04. Form of Bonds..............................................................................13
Section 2.05. Execution of Bonds.........................................................................13
Section2.06. Transfer of Bonds..........................................................................13
Section 2.07. Exchange of Bonds.........................................................................13
Section2.08. Bond Register...............................................................................14
Section2.09. Temporary Bonds..........................................................................14
Section 2.10. Bonds Mutilated, Lost,Destroyed or Stolen. ............................................14
Section 2.11. Limited Obligation. .......................................................................14
Section 2.12. Issuance of Parity Bonds..................................................................14
ARTICLE III
ISSUANCE OF BONDS
Section 3.01. Issuance and Delivery of Bonds..........................................................16
Section 3.02. Application of Proceeds of Sale of Bonds. ...............................................16
Section3.03. Improvement Fund. .......................................................................16
Section 3.04. Special Tax Fund. .........................................................................17
Section 3.05. Administrative Expense Fund...........................................................18
Section 3.06. Costs of Issuance Fund. ...................................................................18
Section 3.07. Validity of Bonds...........................................................................19
ARTICLE IV
SPECIAL TAX REVENUES;BOND FUND
Section 4.01. Pledge of Special Tax Revenues..........................................................20
Section4.02. Bond Fund. .................................................................................20
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AGENDA ITEM, N0.
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ARTICLE V
OTHER COVENANTS OF THE AGENCY
Section5.01. Punctual Payment.........................................................................21
Section 5.02. Limited Obligation. .......................................................................21
Section 5.03. Extension of Time for Payment..........................................................21
Section5.04. Against Encumbrances...................................................................21
Section 5.05. Books and Records.........................................................................21
Section 5.06. Protection of Security and Rights of Owners............................................21
Section 5.07. Compliance with Law, Completion of Project...........................................22
Section 5.08. Private Business Use Limitation........................................................22
Section5.09. Private Loan Limitation..................................................................22
Section 5.10. Collection of Special Tag Revenues......................................................22
Section 5.11. Further Assurances........................................................................23
Section5.12. No Arbitrage................................................................................23
Section 5.13. Federal Guarantee Prohibition...........................................................23
Section5.14. Compliance with the Code...................................._............................23
Section 5.15. Covenant to Foreclose......................................................................23
ARTICLE VI
INVESTME,TTTS;DISPOSITION OF INVESTMENT
PROCEEDS;I.LkBILITY OF TIEE AGENCY
Section 6.01. Deposit and Investment of Moneys in Funds...........................................24
Section 6.02. Rebate of Excess Investment Earnings to the United States...........................25
Section 6.03. Limited Obligation. .......................................................................25
Section 6.04. Liability of Agency. .......................................................................25
Section 6.05. Employment of Agents by Agency or Fiscal Agent. ...................................25
ARTICLE VII
THE FISCAL AGENT
Section 7.01. Appointment of Fiscal Agent. ............................................................27
Section 7.02. Liability of Fiscal Agent..................................................................28
Section7.03. Information.................................................................................28
Section 7.04. Notice to Fiscal Agent. ................................................. ................28
Section 7.05. Compensation, Indemnification.........................................................29
ARTICLE VIII
MODIFICATION OR AMENDMENT OF THIS AGREEMENT
Section8.01. Amendments Permitted...................................................................30
Section8.02. Owners' Meetings. ........................................................................30
Section 8.03. Procedure for Amendment with Written Consent of Owners.........................31
Section 8.04. Disqualified Bonds........................................................................31
Section 8.05. Effect of Supplemental Agreement.......................................................31
Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments.................32
Section 8.07. Amendatory Endorsement of Bonds.....................................................32
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AGENDA ITEM NO. A .
PACE.
ARTICLE IX
MISCE;ANEOUS
Section 9.01. Benefits of Agreement Limited to Parties...............................................33
Section 9.02. Successor is Deemed Included in All References to Predecessor. ...................33
Section 9.03. Discharge of Agreement. .................................................................33
Section 9.04. Execution of Documents and Proof of Ownership by Owners.........................34
Section 9.05. Waiver of Personal Liability.............................................................34
Section 9.06. Notices to and Demands on Agency and Fiscal Agent................................34
Section 9.07. Partial Invalidity..........................................................................35
Section9.08. Unclaimed Moneys........................................................................35
Section9.09. Applicable Law.............................................................................35
Section 9.10. Conflict with Act............................................................................36
Section 9.11. Conclusive Evidence of Regularity......................................................35
Section9.12. Payment on Business Day................................................................35
Section9.13. Counterparts................................................................................35
EXHIBIT A FORM OF BOND
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FISCAL AGENT AGREEM=
THIS FISCAL AGENT AGREEMENT (the "Agreement") is made and entered into
as of December 1, 1990, by and between the Redevelopment Agency of the City of Lake
Elsinore, California, a municipal corporation, organized and existing under and by
virtue of the Constitution and laws of the State of California (the "Agency") for and on
behalf of the Redevelopment Agency of the City of Lake Elsinore Community Facilities
District No. 90-2 (Tuscany Hills Public Improvements) (the "District"), and the Lake
Elsinore Public Financing Authority, a joint exercise of powers authority organized and
existing under and by virtue of the laws of the State of California, as fiscal agent (the
"Fiscal Agent"),
WITNESSET$
WHEREAS, the Governing Board of the Agency has formed the District under the
provisions of the Mello-Roos Community Facilities Act of 1952, as amended (Section 53311
et seq. of the California Government Code) (the "Act") and Resolution No. of the
Governing Board adopted on November 27, 1990;
WHEREAS, the Governing Board, as the legislative body with respect to the
District, is authorized under the Act to levy special taxes to pay for the costs of facilities
and services within the District and to authorize the issuance of bonds secured by said
special taxes under the Act;
WHEREAS, under the provisions of the Act, on November 27, 1990, the Governing
Board of the Agency adopted its Resolution No. (the "Resolution"), which resolution,
among other matters, authorized the issuance of the Redevelopment Agency of the City of
Lake Elsinore, Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements) 1990 Special Tax Bonds (the "Bonds") in the aggregate principal amount
of not to exceed $30,000,000 upon the security of the unpaid special taxes and provided that
said issuance would be in accordance with the Act and this Agreement, and authorized
the execution hereof,
WHEREAS, it is in the public interest and for the benefit of the Agency, the
District, the persons responsible for the payment of special taxes and the owners of the
Bonds that the Agency enter into this Agreement to provide for the issuance of the Bonds,
the disbursement of proceeds of the Bonds, the disposition of the special taxes securing
the Bonds and the administration and payment of the Bonds; and
WHEREAS, all things necessary to cause the Bonds, when authenticated by the
Agency for the District and issued as in the Act, the Resolution and this Agreement
provided, to be legal, valid and binding and special obligations of the Agency for the
District in accordance with their terms, and all things necessary to cause the creation,
authorization, execution and delivery of this Agreement and the creation, authorization,
execution and issuance of the Bonds, subject to the terms hereof, have in all respects been
duly authorized;
NOW, THEREFORE, in consideration of the covenants and provisions herein set
forth and for other valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto do hereby agree as follows:
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AGENDA iTEh, N0. 4.Jk-
PAcE�LoF__IAPL_
ARTICLE I
STATUTORY AUTHORITY AND DEFINITIONS
Section 1.01. Authority for this Agreement. This Agreement is entered into
pursuant to the provisions of the Act and the Resolution.
Section 1.02.Agreement for Benefit of Bondowners. The provisions, covenants and
agreements herein set forth to be performed by or on behalf of the Agency shall be for the
equal benefit, protection and security of the Owners. All of the Bonds, without regard to
the time or times of their issuance or maturity, shall be of equal rank without preference,
priority or distinction of any of the Bonds over any other thereof, except as expressly
provided in or permitted by this Agreement. The Fiscal Agent may become the owner of
any of the Bonds in its own or any other capacity with the same rights it would have if it
were not Fiscal Agent.
Section 1.03.Definitions. Unless the context otherwise requires, the terms defined
in this Section 1.03 shall, for all purposes of this Agreement, of any Supplemental
Agreement, and of any certificate, opinion or other document herein mentioned, have the
meanings herein specified. All references herein to "Articles," "Sections" and other
subdivisions are to the corresponding Articles, Sections or subdivisions of this
Agreement, and the words "herein," "hereof," "hereunder" and other words of similar
import refer to this Agreement as a whole and not to any particular Article, Section or
subdivision hereof.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Sections 53311 et seq. of the California Government Code.
"Administrative Expenses" means any or all of the following: the fees and
expenses of the Fiscal Agent (including any fees or expenses of its counsel), the expenses
of the Agency in carrying out its duties hereunder (including, but not limited to, the
levying and collection of the Special Taxes) including the fees and expenses of its counsel,
an allocable share of the salaries of Agency staff directly related thereto and a
proportionate amount of Agency general administrative overhead related thereto, and all
other costs and expenses of the Agency or the Fiscal Agent incurred in connection with
the discharge of their respective duties hereunder and, in the case of the Agency, in any
way related to the administration of the District.
"Administrative Expense Fund" means the fund by that name established by
Section 3.05(A) hereof.
"Agency" means the Redevelopment Agency of the City of Lake Elsinore,
California, and any successor thereto.
"Aareement" means this Fiscal Agent Agreement, as it may be amended or
supplemented from time to time by any Supplemental Agreement adopted pursuant to
the provisions hereof.
"Annual Debt Service" means, for each Bond Year, the sum of(i) the interest due
on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are
retired as scheduled, and (h) the principal amount of the Outstanding Bonds due in such
Bond Year.
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AGENDA I ERi PLO._L4•j4L
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"Auditor' means the auditor/tax collector of the County of Riverside.
"Authority" means the Lake Elsinore Public Financing Authority.
"Authorized Officer" means the Executive Director or Secretary of the Agency, the
Director of Administrative Services of the City, the Director of Public Works of the City or
any other officer or employee authorized by the Governing Board of the Agency or by an
Authorized Officer to undertake the action referenced in this Agreement as required to be
undertaken by an Authorized Officer.
"Bond Counsel" means any attorney or firm of attorneys acceptable to the Agency
and nationally recognized for expertise in rendering opinions as to the legality and tax-
exempt status of securities issued by public entities.
"Bond Fund" means the fund by that name established by Section 4.02(A) hereof.
"Bond Year" means the one-year period beginning on the anniversary of the
CIosing Date in each year and ending on the day prior to the anniversary date of the
Closing Date in the following year except that the first Bond Year shall begin on the
Closing Date.
"Bonds" means the Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) 1990 Special
Tax Bonds at any time Outstanding under this Agreement or any Supplemental
Agreement, and, if the context requires, any Parity Bonds authorized by and at any time
Outstanding under this Agreement or any Supplemental Agreement.
"Business Day" means any day other than (i) a Saturday or a Sunday or (ii) a day
on which banking institutions in the state in which the Fiscal Agent has its principal
corporate trust office are authorized or obligated by law or executive order to be closed.
"City" means the City of Lake Elsinore, California.
"Closing Date" means the date upon which there is a physical delivery of the
Bonds in exchange for the amount representing the purchase price of the Bonds by the
Original Purchaser.
"Code" means the Internal Revenue Code of 1986, as amended.
"Cost of Issuance" means items of expense payable or reimbursable directly or
indirectly by the Agency and related to the authorization, sale and issuance of the Bonds,
which items of expense shall include, but not be limited to, printing costs, costs of
reproducing and binding documents, closing costs, filing and recording fees, initial fees
and charges of the Fiscal Agent, expenses incurred by the Agency in connection with the
issuance of the Bonds and the establishment of the District, special tax consultant fees
and expenses, preliminary engineering fees and expenses, legal fees and charges,
including bond counsel, and counsel to the financial consultant, financial consultants'
fees, charges for execution, transportation and safekeeping of the Bonds and other costs,
charges and fees in connection with the foregoing.
"Cost of Issuance Fund" means the fund by that name established by Section
3.06(A) hereof.
AGENDA ITEM N0. 1i . •
PACE _OF�W
"Debt Service" means the scheduled amount of interest and amortization of
principal payable on the Bonds during the period of computation, excluding amounts
scheduled during such period which relate to principal which has been retired before the
beginning of such period.
"District" means the Redevelopment Agency of the City of Lake Elsinore
Community Facilities District No. 80-2 (Tuscany Hills Public Improvements) formed
pursuant to the Resolution of Formation.
"Federal Securities" means any of the following which are non-callable and which
at the time of investment are legal investments under the laws of the State of California
for funds held by the Fiscal Agent:
(i) direct general obligations of the United States of America (including
obligations issued or held in book entry form on the books of the United States
Department of the Treasury) and obligations, the payment of principal of and
interest on which are directly or indirectly guaranteed by the United States of
America, including, without limitation, such of the foregoing which are
commonly referred to as "stripped" obligations and coupons; or
(ii) any of the following obligations of the following agencies of the United
States of America: (i) direct obligations of the Export-Import Bank, (ii) certificates
of beneficial ownership issued by the Farmers Home Administration, (iii)
participation certificates issued by the General Services Administration, (iv)
mortgage-backed bonds or pass-through obligations issued and guaranteed by the
Government National Mortgage Association, (v) project notes issued by the United
States Department of Housing and Urban Development, and (vi) public housing
notes and bonds guaranteed by the United States of America.
"Fiscal A ent" means the Fiscal Agent appointed by the Agency and acting as an
independent fiscal agent with the duties and powers herein provided, its successors and
assigns, and any other corporation or association which may at any time be substituted
in its place, as provided in Section 7.01.
"Fiscal Year" means the twelve-month period extending from July 1 in a calendar
year to June 30 of the succeeding year, both dates inclusive.
"Gross Proceeds" means the sum of the following amounts:
(i) original proceeds, namely, net amounts received by or for the Agency or
the District as a result of the sale of the Bonds, excluding original proceeds which
become transferred proceeds (determined in accordance with applicable
Regulations) of obligations issued to refund in whole or in part the Bonds;
(ii) investment proceeds, namely, amounts received at any time by or for
the Agency or the District, such as interest and dividends, resulting from the
investment of any original proceeds (as referenced in clause (i) above) or
investment proceeds (as referenced in this clause (ii)) in Nonpurpose Investments,
increased by any profits and decreased (if necessary, below zero) by any losses on
such investments, excluding investment proceeds which become transferred
proceeds (determined in accordance with applicable Regulations) of obligations
issued to refund in whole or in part the Bonds;
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AGENDA E i EN, svJ.
PAC E__qQQO F I (a _
(iii) sinking fund proceeds, namely, amounts, other than original
proceeds, investment proceeds (as referenced in clauses (i) above) of the Bonds,
which are held in the Bond Fund and any other fund to the extent that the Agency
reasonably expects to use such other fund to pay Debt Service;
(iv) amounts in any fund established as a reasonably required reserve for
payment of Debt Service;
(v) Investment Property pledged as security for payment of Debt Service;
(vi) Special Taxes and amounts, other than as specified in this definition,
used to pay Debt service; and
(vii) amounts received as a result of investing amounts described in this
definition.
"Information Services" means Financial Information, Inc.'s "Daily Called Bond
Service", 30 Montgomery Street, loth Floor, Jersey City, New Jersey 07302, Attention:
Editor; Kenny Information Services' "Called Bond Service", 55 Broad Street, 28th Floor,
New York, New York 10004; Moody's Investors Service "Municipal and Government", 99
Church Street, New York, New York 10007, Attention: Municipal News Reports;
Standard & Poors Corporation "Called Bond Record", 25 Broadway, 3rd FIoor, New York,
New York 10004; and, in accordance with then current guidelines of the Securities and
Exchange Commission, such other addresses and/or such services providing
information with respect to called bonds as the Agency may designate in an Officer's
Certificate delivered to the Fiscal Agent.
"Improvement Fund" means the fund by that name created by and held by the
Fiscal Agent pursuant to Section 3.03(A) hereof.
"Interest Pavment Dates" means April 1 and October 1 of each year, commencing
April 1, 1991.
"Investment Earnines" means all interest earned and any gains and losses on the
investment of moneys in any fund or account created by this Agreement.
"Investment Property" means any security (as said term is defined in Section
165(g)(2)(A) or (B) of the Code), obligation, annuity contract or investment-type property,
excluding, however, obligations (other than specified private activity bonds as defined in
section 57(eX5)(6) of the Code) the interest on which is excluded from gross income under
Section 103 of the Code for federal income tax purposes.
"Maximum Annual Debt Service" means the largest Annual Debt Service for any
Bond Year after the calculation is made through the final maturity date of any
Outstanding Bonds.
"Non-purpose Investment" means any Investment Property which is acquired
with the Gross Proceeds of the Bonds and is not acquired in order to carry out the
governmental purpose of the Bonds.
"Officer's Certificate" means a written certificate of the Agency signed by an
Authorized Officer of the Agency.
"Ordinance" means any ordinance of the Agency levying the Special Taxes.
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AGENDA ITEM N - •
PAGE_L_0F
"Original Purchaser" means the Authority.
"Outstanding," when used as of any particular time with reference to Bonds,
means (subject to the provisions of Section 8.04) all Bonds except:
(i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the
Fiscal Agent for cancellation;
(ii) Bonds paid or deemed to have been paid within the meaning of Section
9.03;and
(iii) Bonds in lieu of or in substitution for which other Bonds shall have
been authorized, executed, issued and delivered by the Agency pursuant to the
Agreement or any Supplemental Agreement.
"Owner" or "Bondowner" means any person who shall be the registered owner of
any Outstanding Bond.
"Parity Bonds" means bonds issued by the Agency for the District on a parity with
the Bonds pursuant to Section 2.12.
"Permitted Investments" means
(i) Federal Securities;
(ii) obligations of states or of any political subdivisions thereof, provided
that the payment of principal thereof and interest thereon is fully secured by
obligations described in (i) above:
(iii) any of the following obligations of federal agencies not guaranteed by
the United States of America: (a) debentures issued by the Federal Housing
Administration; (b) participation certificates or senior debt obligations of the
Federal Home Loan Mortgage Corporation or Farm Credit Banks (consisting of
Federal Land Banks, Federal Intermediate Credit Banks, or Banks for
Cooperatives); (c) bonds or debentures of the Federal Home Loan Bank Board
established under the Federal Home Loan Bank Act, bonds of any federal home
loan bank established under said act and stocks, bonds, debentures, participations
or other obligations of or issued by the Federal National Mortgage Association, the
Student Loan Marketing Association, the Government National Mortgage
Association and the Federal Home Loan Mortgage Corporation; and bonds, notes
or other obligations issued or assumed by the International Bank for
Reconstruction and Development, with a member bank or banks of the Federal
Reserve System;
(iv) interest-bearing demand or time deposits (including certificates of
deposit) in federal or State chartered savings and loan associations or in federal or
State banks (including the Fiscal Agent), provided that: (a) in the case of a savings
and loan association, such demand or time deposits shall be fully insured by the
Federal Deposit Insurance Corporation, or the unsecured obligations of such
savings and loan association shall be rated in a Rating Category (as defined in the
Fiscal Agent Agreement), and (b) in the case of a bank, such demand or time
deposits shall be fully insured by the Federal Deposit Insurance Corporation, or
the unsecured obligations of such bank (or the unsecured obligations of the parent
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AGENDA IT 1�0�.k
PAGE��OF
bank holding company of which such bank is the lead bank) shall be rated in a
Rating Category,
(v) written repurchase agreements with any bank, savings institution or
trust company (other than the Fiscal Agent) which is insured by the Federal
Deposit Insurance Corporation, or with any broker-dealer with retail customers
which falls under Securities Investors Protection Corporation protection, provided
that such repurchase agreements are fully secured by Federal Securities or
obligations of any agency of instrumentality of the United States of America and
provided further that (a) such collateral is held by the Fiscal Agent or any agent
acting solely for the Fiscal Agent during the term of such repurchase agreement,
W such collateral is not subject to liens or claims of third parties, (c) such
collateral has a market value (determined at least once every 14 days) at least
equal to the amount invested in the repurchase agreement, (d) the Fiscal Agent
has a perfected first security interest in the collateral, (e) the agreement shall be
for a term not longer than 270 days and (f) the failure to maintain such collateral
at the level required in (c) above will require the Fiscal Agent to liquidate the
collateral.
(vi) taxable money market fund portfolios restricted to obligations with
maturities of one year or less issued or guaranteed as to payment of principal and
interest by the full faith and credit of the United States of America and repurchase
agreements collateralized by such obligations;
(vii) commercial paper having original maturities of not more than 365
days and rated in a Rating Category;
(viii) bankers acceptances rated in a Rating Category, endorsed and
guaranteed by banks described in clause (v) of this definition; and
(ix) obligations the interest on which is excluded from gross income for
purposes of federal income taxation under Section 103 of the Code and which are
rated in a Rating Category; and
(x) any other investment permitted by the Authority, which is legal for the
investment of funds under applicable State law, or is otherwise a Permitted
Investment under and as defined in the Indenture of Trust between the Authority
and The Bank of New York Trust Company of California, dated as of February 1,
1990, as amended and supplemented.
"Princi al Office" means the principal corporate trust office of the Fiscal Agent at
130 South Main Street, Lake Elsinore, California 92330, or such other or additional offices
as may be designated by the Fiscal Agent.
"Private Business Use" means use directly or indirectly in a trade or business
carried on by a natural person or in any activity carried on by a person other than a
natural person, excluding, however, use by a governmental unit and use by a
nongovernmental unit as a member of the general public.
"Procee s"when used with reference to the Bonds, means the face amount of the
Bonds, plus accrued interest and premium, if any, less original issue discount.
"Project" means the facilities more particularly described in the Resolution of
Formation.
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PAC E�_Qr
"Purchase Price," for the purpose of computation of the Yield of the Bonds, has the
same meaning as the term "issue price" in sections 1273(b) and 1274 of the Code, and, in
general, means the initial offering price of the Bonds to the public (not including bond
houses and brokers, or similar persons or organizations acting in the capacity of
underwriters or wholesalers) at which price a substantial amount of the Bonds are sold
or if the Bonds are privately placed, the price paid by the first buyer of the Bonds or the
acquisition cost of the first buyer. The term "Purchase Price," for the purpose of
computation of the Yield of Nonpurpose Investments, means the fair market value of the
Nonpurpose Investments on the date of use of Gross Proceeds of the Bonds for acquisition
thereof, or if later, on the date that Investment Property constituting a Nonpurpose
Investment becomes a Nonpurpose investment of the Bonds.
*Ratinz Cate o " means one of the three highest rating categories then in effect
under the rating systems of Moody's investors Service or Standard and Poor's
Corporation, without regard to plus or minus sign or numerical or other qualifying
designation.
"Record Date" means the fifteenth day of the month next preceding the month of
the applicable Interest Payment Date.
"Regulations" means temporary and permanent regulations promulgated under
the Code.
"Resolution" means Resolution No. adopted by the Governing Board of the
Agency on November 27, 1990.
"Resolution of Formation" means Resolution No. , adopted by the Governing
Board on November 27, 1990.
"Resolution of Intention" means Resolution No. , adopted by the Governing
Board on October 24, 1990.
"Securities Depositories" means The Depository Trust Company, 711 Stewart
Avenue, Garden City, New York 11530, Fax-(516) 227-4039 or 4190; Midwest Securities
Trust Company, Capital Structures-Call Notification, 440 South LaSalle Street, Chicago,
Illinois 60605, Fax-(312) 663-2343; Philadelphia Depository Trust Company,
Reorganization Division, 1900 Market Street, Philadelphia, Pennsylvania 19103,
Attention: Bond Department, Dex-(215) 496-5058; and, in accordance with then current
guidelines of the Securities and Exchange Commission, such other addresses and/or
such other securities depositories as the Agency may designate in an Officer's Certificate
delivered to the Fiscal Agent.
"Special Taxes" means the special taxes levied within the District pursuant to the
Act, the Ordinance and this Agreement.
"Special Tax Revenues" means the proceeds of the Special Taxes received by the
Agency, including any scheduled payments and any prepayments thereof, interest and
penalties thereon and proceeds of the redemption or sale of property sold as a result of
foreclosure of the lien of the Special Taxes to the amount of said lien and interest and
penalties thereon.
"Special Tax Fund" means the fund by that name established by Section 3,04(A)
hereof.
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AGENDA ITEM No. 4A.
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"Su lemental Agreement" means an agreement the execution of which is
authorized by a resolution which has been duly adopted by the Agency under the Act and
which agreement is amendatory of or supplemental to this Agreement, but only if and to
the extent that such agreement is specifically authorized hereunder.
"Treasurer" means the Director of Administrative Services of the City, or such
other person who is acting in the capacity as treasurer to the Agency.
"Yield" means that yield which, when used in computing the present worth of all
payments of principal and interest (or other payments in the case of Nonpurpose
Investments which require payments in a form not characterized as principal and
interest) on a Nonpurpose Investment or on the Bonds, produces an amount equal to the
Purchase Price of such Nonpurpose Investment or the Bonds, all computed as prescribed
in applicable Regulations.
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ARTICLE II
THEBONDS
Section 2.01.Principal Amount; Designation. Bonds in the aggregate principal
amount of — Million Dollars ($ ) are hereby authorized to be issued by the
Agency for the District under and subject to the terms of the Resolution and this
Agreement, the Act and other applicable laws of the State of California. The Bonds shall
be designated the "Redevelopment Agency of the City of Lake Elsinore Community
Facilities District No. 90-2 (Tuscany Hills Public Improvements) 1990 Special Tax Bonds"
and shall be secured by the Special Taxes.
Section 2.02.Terms of Bonds.
(A) Form: Denominations. The Bonds shall be issued as fully registered Bonds
without coupons in the denomination of $5,000 or any integral multiple thereof. Bonds
shall be lettered and numbered in a customary manner as determined by the Fiscal
Agent. The Bonds shall be initially registered in the name of The Bank of New York
Trust Company of California, as trustee for the Authority.
(B)Date of Bonds.The Bonds shall be dated December 1, 1990.
(C) CUSIP Identification Numbers If the Bonds are owned by any person or entity
other than the Authority, "CUSIP" identification numbers shall be imprinted on the
Bonds, but such numbers shall not constitute a part of the contract evidenced by the
Bonds and any error or omission with respect thereto shall not constitute cause for
refusal of any purchaser to accept delivery of and pay for the Bonds. In addition, failure
on the part of the Agency or the Fiscal Agent to use such CUSIP numbers in any notice to
Owners shall not constitute an event of default or any violation of the Agency's contract
with such Owners and shall not impair the effectiveness of any such notice.
(D) Maturities Interest Ratm The Bonds shall mature and become payable on
October 1 of each year, and shall bear interest at the rates, as follows:
Maturity Date Principal Interest
(October 1) Amount Bak
[TO COME]
(E) Interest. The Bonds shall bear interest at the rates set forth above payable on
the Interest Payment Dates in each year. Interest shall be calculated on the basis of a
360-day year composed of twelve 30-day months. Each Bond shall bear interest from the
Interest Payment Date next preceding the date of authentication thereof unless (i) it is
authenticated on an Interest Payment Date, in which event it shall bear interest from
such date of authentication, or (ii) it is authenticated prior to an Interest Payment Date
and after the close of business on the Record Date preceding such Interest Payment Date,
in which event it shall bear interest from such Interest Payment Date, or (iii) it is
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authenticated prior to the Record Date preceding the fast Interest Payment Date, in
which event it shall bear interest from December 1, 1990; provided, however, that if at the
time of authentication of a Bond, interest is in default thereon, such Bond shall bear
interest from the Interest Payment Date to which interest has previously been paid or
made available for payment thereon-
(F) Method of Payment. Interest on the Bonds (including the final interest
payment upon maturity or earlier redemption) is payable by check or draft of the Fiscal
Agent mailed on the Interest Payment Dates by first class mail to the registered Owner
thereof at such registered Owner's address as it appears on the registration books
maintained by the Fiscal Agent at the close of business on the Record Date preceding the
Interest Payment Date, or by wire transfer made on such Interest Payment Date upon
instructions of any Owner of$1,000,000 or more in aggregate principal amount of Bonds. -
The principal of the Bonds and any premium on the Bonds are payable in lawful
money of the United States of America upon surrender of the Bonds at the Principal
Office of the Fiscal Agent.
Notwithstanding the foregoing, so long as the Bonds are owned by the Authority,
payment of principal, interest and any premium on the Bonds shall be made to the Fiscal
Agent or its designee three (3) Business Days prior to the applicable payment date, in an
amount equal to the principal, interest and any premium due on the Bonds on the
applicable payment date. Both the principal of and interest and premium (if any) on the
Bonds shall be payable in lawful money of the United States of America.
All Bonds paid by the Fiscal Agent pursuant to this Section shall be cancelled by
the Fiscal Agent. The Fiscal Agent shall destroy the cancelled Bonds and issue a
certificate of destruction thereof to the Agency.
Section 2.03.Redemption.
(A) Redemption Dates. So long as the Bonds are owned by the Authority, the
Bonds shall only be subject to redemption prior to maturity with the prior written
approval of the Authority or its designee in whole, or in part by lot, on any date and at a
redemption price to be agreed upon by the Agency and the Authority, from any available
source of funds.
Notwithstanding the foregoing, the Bonds shall be subject to redemption in part on
any Interest Payment Date from the proceeds of prepayments of Special Taxes, at a
redemption price equal to the principal amount thereof plus accrued interest to the date
of redemption; without premium.
In lieu of redemption under this Section 2.03(_A), moneys in the Bond Fund may be
used and xithdrawn by the Fiscal Agent for purchase of Outstanding Bonds, upon the
filing with the Fiscal Agent of an Officer's Certificate requesting such purchase, at
public or private sale as and when, and at such prices (including brokerage and other
charges) as such Officer's Certificate may provide, but in no event may Bonds be
purchased at a price in excess of the principal amount thereof, plus interest accrued to
the date of purchase.
(B) Notice to Fiscal Agent.. The Agency shall give the Fiscal Agent written notice
of its intention to redeem Bonds pursuant to subsection (A) not less than sixty (60) days
prior to the applicable redemption date, unless such notice shall be waived by the Fiscal
Agent.
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(C) Redemption Procedure by Fiscal Agent, At any time the Bonds (or any portion
thereof) are not owned by the Authority, the Fiscal Agent shall cause notice of any
redemption to be mailed by first class mail, postage prepaid, at least thirty (30) days but
not more than sixty (60) days prior to the date fixed for redemption, to the Securities
Depositories and to one or more Information Services, and to the respective registered
Owners of any Bonds designated for redemption, at their addresses appearing on the
Bond registration books in the Principal Office of the Fiscal Agent; but such mailing shall
not be a condition precedent to such redemption and failure to mail or to receive any such
notice, or any defect therein, shall not affect the validity of the proceedings for the
redemption of such Bonds. The Fiscal Agent, in any event, shall publish notice in a
newspaper of general circulation circulated in the area of the District. The first such
publication of the redemption notice shall not be less than 30 nor more than 60 days prior
to the date fixed for redemption.
Such notice shall state the redemption date and the redemption price and, if less
than all of the then Outstanding Bonds are to be called for redemption, shall designate
the CUSIP numbers and Bond numbers of the Bonds to be redeemed by giving the
individual CUSIP number and Bond number of each Bond to be redeemed or shall state
that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or
that all of the Bonds of one or more maturities have been called for redemption, shall
state as to any Bond called in part the principal amount thereof to be redeemed, and shall
require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent
for redemption at the said redemption price, and shall state that further interest on such
Bonds will not accrue from and after the redemption date.
Upon the payment of the redemption price of Bonds being redeemed, each check or
other transfer of funds issued for such purpose shall, to the extent practicable, bear the
CUSIP number identifying, by issue and maturity, of the Bonds being redeemed with the
proceeds of such check or other transfer.
Whenever provision is made in this Agreement for the redemption of less than all
of the Bonds or any given portion thereof, the Fiscal Agent shall select the Bonds to be
redeemed, from all Bonds or such given portion thereof not previously called for
redemption, by lot in any manner which the Fiscal Agent in its sole discretion shall deem
appropriate and fair.
Upon surrender of Bonds redeemed in part only, the Agency shall execute and the
Fiscal Agent shall authenticate and deliver to the registered Owner, at the expense of the
Agency, a new Bond or Bonds, of the same series and maturity, of authorized
denominations in aggregate principal amount equal to the unredeemed portion of the
Bond or Bonds.
(D) Effect of Redemption. From and after the date fixed for redemption, if funds
available for the payment of the principal of, and interest and any premium on, the Bonds
so called for redemption shall have been deposited in the Bond Fund, such Bonds so
called shall cease to be entitled to any benefit under this Agreement other than the right
to receive payment of the redemption price, and no interest shall accrue thereon on or
after the redemption date specified in such notice.
All Bonds redeemed and purchased by the Fiscal Agent pursuant to this Section
shall be cancelled by the Fiscal Agent. The Fiscal Agent shall destroy the cancelled
Bonds and issue a certificate of destruction thereof to the Agency.
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Section 2.04. Form of Bonds. The Bonds, the form of Fiscal Agent's certificate of
authentication and the form of assignment, to appear thereon, shall be substantially in
the forms, respectively, set forth in Exhibit A attached hereto and by this reference
incorporated herein, with necessary or appropriate variations, omissions and insertions,
as permitted or required by this Agreement, the Resolution and the Act.
Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the
Agency by the facsimile signatures of its Chairman and Secretary who are in office on
the date of adoption of this Agreement or at any time thereafter, and the seal of the
Agency shall be impressed, imprinted or reproduced by facsimile signature thereon. If
any officer whose signature appears on any Bond ceases to be such officer before delivery
of the Bonds to the owner, such signature shall nevertheless be as effective as if the officer
had remained in office until the delivery of the Bonds to the owner. Any Bond may be
signed and attested on behalf of the Agency by such persons as at the actual date of the
execution of such Bond shall be the proper officers of the Agency although at the nominal
date of such Bond any such person shall not have been such officer of the Agency.
Only such Bonds as shall bear thereon a certificate of authentication in
substantially the form set forth in Exhibit A, executed and dated by the Fiscal Agent,
shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement,
and such certificate of authentication of the Fiscal Agent shall be conclusive evidence
that the Bonds registered hereunder have been duly authenticated, registered and
delivered hereunder and are entitled to the benefits of this Agreement.
Section 2.05. Transfer of Bonds. Any Bond may, in accordance with its terms, be
transferred, upon the books required to be kept pursuant to the provisions of Section 2.08
by the person in whose name it is registered, in person or by his duly authorized attorney,
upon surrender of such Bond for cancellation, accompanied by delivery of a duly written
instrument of transfer in a form approved by the Fiscal Agent. The cost for any services
rendered or any expenses incurred by the Fiscal Agent in connection with any such
transfer shall be paid by the Agency. The Fiscal Agent shall collect from the Owner
requesting such transfer any tax or other governmental charge required to be paid with
respect to such transfer.
Whenever any Bond or Bonds shall be surrendered for transfer, the Agency shall
execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for like
aggregate principal amount.
No transfers of Bonds shall be required to be made (i) fifteen days prior to the date
established by the Fiscal Agent for selection of Bonds for redemption or (ii)with respect to
a Bond after such Bond has been selected for redemption.
Section 2.07.Exchange of Bonds. Bonds may be exchanged at the Principal Office
of the Fiscal Agent for a like aggregate principal amount of Bonds of authorized
denominations and of the same maturity. The cost for any services rendered or any
expenses incurred by the Fiscal Agent in connection with any such exchange shall be
paid by the Agency. The Fiscal Agent shall collect from the Owner requesting such
exchange any tax or other governmental charge required to be paid with respect to such
exchange-
No exchanges of Bonds shall be required to be made (i)fifteen days prior to the date
established by the Fiscal Agent for selection of Bonds for redemption or(ii) with respect to
a Bond after such Bond has been selected for redemption.
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Section 2.08. Bond Register. The Fiscal Agent will keep or cause to be kept, at its
Principal Office sufficient books for the registration and transfer of the Bonds which
books shall show the series number, date, amount, rate of interest and last known owner
of each Bond and shall at all times be open to inspection by the Agency during regular
business hours upon reasonable notice; and, upon presentation for such purpose, the
Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or
transfer or cause to be registered or transferred, on said books, the ownership of the
Bonds as hereinbefore provided_
Section 2.09.Temporary Bonds. The Bonds may be initially issued in temporary
form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds
may be printed, lithographed or typewritten, shall be of such authorized denominations
as may be determined by the Agency, and may contain such reference to any of the
provisions of this Agreement as may be appropriate. Every temporary Bond shall be
executed by the Agency upon the same conditions and in substantially the same manner
as the definitive Bonds. If the Agency issues temporary Bonds it will execute and furnish
definitive Bonds without delay and thereupon the temporary Bonds shall be surrendered,
for cancellation, in exchange for the definitive Bonds at the Principal Office of the Fiscal
Agent or at such other location as the Fiscal Agent shall designate, and the Fiscal Agent
shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate
principal amount of definitive Bonds of authorized denominations. Until so exchanged,
the temporary bonds shall be entitled to the same benefits under to this Agreement as
definitive Bonds authenticated and delivered hereunder.
Section 2.10.Bonds Mutilated,Lost,Destroyed or Stolen. If any Bond shall become
mutilated, the Agency, at the expense of the Owner of said Bond, shall execute, and the
Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal
amount in exchange and substitution for the Bond so mutilated, but only upon surrender
to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the
Fiscal Agent shall be cancelled by it and destroyed by the Fiscal Agent who shall deliver a
certificate of destruction thereof to the Agency. If any Bond shall be lost, destroyed or
stolen, evidence of such loss, destruction or theft may be submitted to the Fiscal Agent
and, if such evidence be satisfactory to it and indemnity satisfactory to it shall be given,
the Agency, at the expense of the Owner, shall execute, and the Fiscal Agent shall
authenticate and deliver, a new Bond of like tenor and principal amount in lieu of and in
substitution for the Bond so lost, destroyed or stolen. The Agency may require payment of
a sum not exceeding the actual cost of preparing each new Bond delivered under this
Section and of the expenses which may be incurred by the Agency and the Fiscal Agent
for the preparation, execution, authentication and delivery. Any Bond delivered under
the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen
shall constitute an original additional contractual obligation on the part of the Agency
whether or not the Bond so alleged to be lost, destroyed or stolen is at any time enforceable
by anyone, and shall be equally and proportionately entitled to the benefits of this
Agreement with all other Bonds issued pursuant to this Agreement.
Section 2.11. Limited Obligation. All obligations of the Agency under this
Agreement and the Bonds shall be special obligations of the Agency, payable solely from
the Special Tax Revenues and the funds pledged therefore hereunder. Neither the faith
and credit nor the taxing power of the Agency (except to the limited extent set forth
herein) or the State of California or any political subdivision thereof is pledged to the
payment of the Bonds.
Section 2.12. Issuance of Parity Bonds. In addition to the Bonds, the Agency may
issue Parity Bonds in such principal amount as shall be determined by the Agency,
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pursuant to a Supplemental Agreement entered into by the Agency and the Fiscal Agent.
The Agency may issue such Parity Bonds subject to the following specific conditions
precedent:
(a) The Agency shall be in compliance with all covenants set forth in
this Agreement and all Supplemental Agreements.
(b) The Minimum Credit Requirement (as such term is defined in the
Indenture of Trust, dated as of February 1, 1990, between the Authority and The
Bank of New York Trust Company of California, as trustee) shall be met with
respect to such Parity Bonds.
(c) The Supplemental Agreement providing for the issuance of such
Parity Bonds shall provide that interest thereon shall be payable on April 1 and
October 1, and principal thereof shall be payable on October 1 in any year in which
principal is payable; provided that, so long as the Bonds are owned by the
Authority, such payments shall be made to the Fiscal Agent or its designee three
(3) Business Days prior to the applicable payment date in an amount equal to the
amount otherwise due on the payment date.
(d) The Supplemental Agreement providing for the issuance of such
Parity Bonds may provide for the establishment of separate funds and accounts.
(e) The annual aggregate amount of the principal of and interest on all
Outstanding Bonds and Parity Bonds coming due and payable in any year
following the issuance of such Parity Bonds shall not exceed 94.33% of the
maximum amount of Special Taxes permitted to be levied under the Ordinance in
such year.
(f) The Agency shall deliver to the Fiscal Agent an Officer's Certificate
certifying that the conditions precedent to the issuance of such Parity Bonds set
forth in subsections (a), (b), (c), (d) and (e) of this Section 2.12 above have been
satisfied.
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ARTICLE III
ISSUANCE OF BONDS
Section 3.01.Issuance and Delivery of Bonds. At any time after the execution of
this Agreement, the Agency may issue the Bonds for the District in the aggregate
principal amount set forth in Section 2.01 and deliver the Bonds to the Original
Purchaser. The Authorized Officers of the Agency are hereby authorized and directed to
deliver any and all documents and instruments necessary to cause the issuance of the
Bonds in accordance with the provisions of the Act, the Resolution and this Agreement,
to authorize the payment of Costs of Issuance and costs of the Project by the Fiscal Agent
from the proceeds of the Bonds and to do and cause to be done any and all acts and things
necessary or convenient for delivery of the Bonds to the Original Purchaser.
Section 3.02.Application of Proceeds of Sale of Bonds. The proceeds of the
purchase of the Bonds by the Original Purchaser shall be paid to the Fiscal Agent, who
shall forthwith set aside, pay over and deposit such proceeds on the Closing Date as
follows:
(A) Deposit in the Bond Fund $ , (being an amount equal to the accrued
interest paid on the Closing Date by the Original Purchaser in the amount of$ and
$ in capitalized interest);
(B) Deposit in the Costs of Issuance Fund an amount equal to $ ;
(C) Transfer to the Finance Director of the City $ to be applied to the
payment of a portion of the City's outstanding Assessment District No. 89-1 bonds issued
pursuant to Resolution No. 89-29 of the City adopted on July 25, 1989 (said amount being
the amount necessary to discharge all liens imposed on real property within the District
pursuant to said assessment district); and
(D) Transfer to the Treasurer for deposit in the Improvement Fund, $ ,
being the remaining proceeds of the Bonds paid on the Closing Date by the Original
Purchaser.
Section 3.03.Improvement Fund.
(A) Establishment of Improvement_Fund There is hereby established as a
separate account to be held by the Treasurer, the Redevelopment Agency of the City of
Lake Elsinore Community Facilities District No. 90.2 (Tuscany Hills Public
Improvements) Improvement Fund, to the credit of which a deposit shall be made as
required by clause (D) of Section 3.02 and Section 3.06(B). Moneys in the Improvement
Fund shall be held by the Treasurer for the benefit of the Agency, shall be disbursed,
except as otherwise provided in subsection (D) of this Section, for the payment or
reimbursement of costs of the Project or Costs of Issuance.
(B) Procedure for Disbursement. Disbursements from the Improvement Fund
shall be made by the Treasurer upon receipt of an Officer's Certificate which shall:
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(1) set forth the amount required to be disbursed, the purpose for which the
disbursement is to be made and the person to which the disbursement is to be paid;
and
(2) certify that the disbursement is for a Cost of Issuance or that it is
otherwise for a facility described in Exhibit A to the Resolution of Formation, and
in any event that no portion of the amount then being requested to be disbursed
was set forth in any Officer's Certificate previously filed requesting disbursement.
(C) Investment. Moneys in the Improvement Fund shall be invested and
deposited in accordance with Section 6.01. Interest earnings and profits from such
investment and deposit shall be retained in the Improvement Fund to be used for the
purposes of the Improvement Fund.
(D) Closing of Fund. Upon the filing of an Officer's Certificate stating that the
Project has been completed and that all costs of the Project have been paid or are not
required to be paid from the Improvement Fund, the Fiscal Agent shall transfer the
amount, if any, remaining in the Improvement Fund to the Bond Fund for application to
the payment of debt service on the Bonds in accordance with Section 4.02, and the
Improvement Fund shall be closed.
Section 3.04.Special Tax Fund.
(A) Establishment of Special Tax Fund. There is hereby established as a separate
account to be held by the Treasurer, the Redevelopment Agency of the City of Lake
Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements)
Special Tax Fund to the credit of which the Agency shall deposit, immediately upon
receipt, all Special Tax Revenue received by the Agency and any amounts required by
Section 3.05 (B) to be deposited therein. Moneys in the Special Tax Fund shall be held in
trust by the Agency for the benefit of the Agency and the Owners of the Bonds, shall be
disbursed as provided below and, pending and disbursement, shall be subject to a lien in
favor of the Owners of the Bonds.
(B) Disbursements. As soon as practicable after the receipt by the Agency of any
Special Tax Revenues or amounts transferred to the Special Tax Fund pursuant to
Section 3.05(B), but no later than ten Business Days after such receipt or transfer, the
Treasurer shall withdraw from the Special Tax Fund and transfer (i) to the Agency an
amount equal to any amount advanced by the Agency pursuant to the second paragraph
of Section 4.02(B) of this Agreement that has not been theretofore reimbursed hereunder
to the Agency, and Gi) to the Fiscal Agent for deposit in the Bond Fund an amount, taking
into account any amounts then on deposit in the Bond Fund such that the amount in the
Bond Fund equals the principal, premium, if any, and interest due on the Bonds on the
next two Interest Payment Dates with respect to Special Tax Revenues received during
the period from October 1 through the last day of March in any Fiscal Year, and on the
next Interest Payment Date with respect to Special Tax Revenues received during the
period from April 1 through September 20 in any Fiscal Year. All other amounts then in
the Special Tax Fund, concurrently with the foregoing transfers, shall be deposited by the
Agency in the Administrative Expense Fund.
(C) Investment. Moneys in the Special Tax Fund shall be invested and deposited
in accordance with Section 6.01. Interest earnings and profits resulting from such
investment and deposit shall be retained in the Special Tax Fund to be used for the
purposes thereof.
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PAGE `pc:
Section 3.05.Administrative Expense Fund.
(A) Establishment of Administrative Expense Fund. There is hereby established
as a separate account to be held by the Treasurer, the Redevelopment Agency of the City
of Lake EIsinore Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements) Administrative Expense Fund to the credit of which deposits shall be
made as required by Section 3.04(B). Moneys in the Administrative Expense Fund shall
be held in trust by the Treasurer for the benefit of the Agency, and shall be disbursed as
provided below.
(B) Disbursement. Amounts in the Administrative Expense Fund shall be
withdrawn by the Treasurer and paid to the Agency or its order upon receipt by the
Treasurer of an Officer's Certificate stating the amount to be withdraw, that such
amount is to be used to pay an Administrative Expense, and the nature of such
Administrative Expense.
Annually, on the last day of each Fiscal Year, the Treasurer shall withdraw any
amounts then remaining in the Administrative Expense Fund that have not been
allocated to pay Administrative Expenses incurred but not yet paid, and which are not
otherwise encumbered and transfer such amounts to the Special Tax Fund.
(C) Investment. Moneys in the Administrative Expense Fund shall be invested
and deposited in accordance with Section 6.01. Interest earnings and profits resulting
from said investment shall be retained by the Treasurer in the Administrative Expense
Fund to be used for the purposes of such fund.
Section 3.06.Costs of Issuance Fund.
(A) Establishment of Costs of Issuance Fund. There is hereby established as a
separate account to be held by the Fiscal Agent, the Redevelopment Agency of the City of
Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public
Improvements) 1990 Special Tax Bonds, Costs of Issuance Fund, to the credit of which a
deposit shall be made as required by clause (B) of Section 3.02. Moneys in the Costs of
Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as
provided in subsection (B) of this Section for the payment or reimbursement of Costs of
Issuance.
(B) Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed
from time to time to pay Costs of Issuance, as set forth in a requisition containing
respective amounts to be paid to the designated payees, signed by the Treasurer and
delivered to the Fiscal Agent concurrently with the delivery of the Bonds. The Fiscal
Agent shall pay all Costs of Issuance upon receipt of an invoice from any such payee
which requests payment in an amount which is less than or equal to the amount set forth
with respect to such payee in such requisition, or upon receipt of an Officer's Certificate
requesting payment of a Cost of Issuance not listed on the initial requisition delivered to
the Fiscal Agent on the Closing Date. The Fiscal Agent shall maintain the Cost of
Issuance Fund for a period of 180 days from the date of delivery of the Bonds and then
shall transfer any moneys remaining therein, including any investment earnings
thereon, to the Treasurer for deposit in the Improvement Fund for payment of any
unpaid Costs of Issuance and every invoice and requisition received thereafter by the
Fiscal Agent shall be submitted to the Treasurer for payment.
(C) Investment. Moneys in the Cost of issuance Fund shall be invested and
deposited in accordance with Section 6.01. Interest earnings and profits resulting from
AGENDA ITEM N •
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said investment shall be retained by the Fiscal Agent in the Cost of Issuance Fund to be
used for the purposes of such fund.
Section 3.07.Validity of Bonds. The validity of the authorization and issuance of
the Bonds shall not be dependent upon the completion of the acquisition of the Project or
upon the performance by any person of his obligation with respect to the Project.
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ARTICLE W
SPECIAL TAX REVENUES;BOND FUND
Section 4.01.Pledge of Special Tax Revenues. The Bonds shall be secured by a first
pledge (which pledge shall be effected in the manner and to the extent herein provided) of
all of the Special Tax Revenues and all moneys deposited in the Bond Fund and, until
disbursed as provided herein, in the Special Tax Fund. The Special Tax Revenues and all
moneys deposited into said funds (except as otherwise provided herein) are hereby
dedicated to the payment of the principal of, and interest and any premium on, the Bonds
as provided herein and in the Act until all of the Bonds have been paid and retired or
until moneys or Federal Securities have been set aside irrevocably for that purpose in
accordance with Section 9.03.
Section 4.02.Bond Fund.
(A) Establishment of Bond Fund. There is hereby established as a separate
account to be held by the Fiscal Agent the Redevelopment Agency of the City of Lake
Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements)
Bond Fund to the credit of which deposits shall be made as required by clause (A) of
Section 3.02, Section 3.03(D) and Section 3.04(B), and any other amounts required to be
deposited therein by this Agreement or the Act. Moneys in the Bond Fund shall be held
in trust by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed
for the payment of the principal of, and interest and any premium on, the Bonds as
provided below, and, pending such disbursement, shall be subject to alien in favor of the
Owners of the Bonds.
(B) Disbursements. On each Interest Payment Date, the Fiscal Agent shall
withdraw from the Bond Fund and pay to the Owners of the Bonds the principal, and
interest and any premium, then due and payable on the Bonds. Notwithstanding the
foregoing, amounts in the Bond Fund as a result of a transfer pursuant to Section 3.03(D)
shall be used to pay the principal of and interest on the Bonds prior to the use of any other
amounts in the Bond Fund for such purpose.
In the event that amounts in the Bond Fund are insufficient for the purpose set
forth in the preceding sentence, the Fiscal Agent shall immediately notify the Agency of
the amount of the shortfall, and the Treasurer shall remit to the Fiscal Agent the amount
of the shortfall, subject to the provisions and as set forth in the Agency Pledge
Agreement, dated as of November 1, 1990, between the Authority and the Agency.
If, after the foregoing transfers, there are insufficient funds in the Bond Fund to
make the payments provided for in the first sentence of this Section 4.02(B), the Fiscal
Agent shall apply the available funds first to the payment of interest on the Bonds, then to
the payment of principal due on the Bonds.
(C) Investment. Moneys in the Bond Fund shall be invested and deposited in
accordance with Section 6.01. Interest earnings and profits resulting from the
investment and deposit of amounts in the Bond Fund shall be retained in the Bond Fund.
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PAGE140
ARTICLE V
OTHER COVENANTS OF THE AGENCY
Section 5.01. Punctual Payment. The Agency will punctually pay or cause to be
paid the principal of, and interest and any premium on, the Bonds when and as due in
strict conformity with the terms of this Agreement and any Supplemental Agreement,
and it will faithfully observe and perform all of the conditions covenants and
requirements of this Agreement and all Supplemental Agreements and of the Bonds.
Section 5.02.Limited Obligation. The Bonds are limited obligations of the Agency
on behalf of the District and are payable solely from and secured solely by the Special Tax
Revenues and the amounts in the Bond Fund and the Special Tax Fund created
hereunder.
Section 5.03. Extension of Time for Payment. In order to prevent any
accumulation of claims for interest after maturity, the Agency shall not, directly or
indirectly, extend or consent to the extension of the time for the payment of any claim for
interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval
of any such arrangement by purchasing or funding said claims for interest or in any
other manner. In case any such claim for interest shall be extended or funded, whether
or not with the consent of the Agency, such claim for interest so extended or funded shall
not be entitled, in case of default hereunder, to the benefits of this Agreement, except
subject to the prior payment in full of the principal of all of the Bonds then Outstanding
and of all claims for interest which shall not have so extended or funded.
Section 5.04. Against Encumbrances. The Agency will not encumber, pledge or
place any charge or lien upon any of the Special Tax Revenues or other amounts pledged
to the Bonds superior to or on a parity with the pledge and lien herein created for the
benefit of the Bonds, except as permitted by this Agreement.
Section 5.05.Books and Records. The Agency will keep, or cause to be kept,proper
books of record and accounts, separate from all other records and accounts of the Agency,
in which complete and correct entries shall be made of all transactions relating to the
expenditure of amounts disbursed from the Administrative Expense Fund, the
Improvement Fund and the Special Tax Fund and to the Special Tax Revenues. Such
books of record and accounts shall at all times during business hours be subject to the
inspection of the Fiscal Agent and the Owners of not less than ten percent (10%) of the
principal amount of the Bonds then Outstanding, or their representatives duly
authorized in writing.
The Fiscal Agent will keep, or cause to be kept, proper books of record and
accounts, separate from all other records and accounts of the Fiscal Agent, in which
complete and correct entries shall be made of all transactions relating to the expenditure
of amounts disbursed from the Bond Fund and the Costs of Issuance Fund. Such books of
record and accounts shall at all times during business hours be subject to the inspection
of the Agency and the Owners of not less than ten percent (10%) of the principal amount
of the Bonds then Outstanding, or their representatives duly authorized in writing.
Section 5.05. Protection of Security and Rights of Owners. The Agency will
preserve and protect the security of the Bonds and the rights of the Owners, and will
warrant and defend their rights against all claims and demands of all persons.From and
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PACE��OE
after the delivery of any of the Bonds by the Agency, the Bonds shall be incontestable by
the Agency.
Section 5.07. Compliance with Law, Completion of Project. The Agency will
comply with all applicable provisions of the Act and law in completing the acquisition of
the Project.
Section 5.0&Private Business Use Limitation. The Agency shall assure that:
(a) not in excess of ten percent(10%)of the Proceeds of the Bonds is used for
Private Business Use if, in addition, the payment of the principal of, or the interest
on more than 10 percent of the Proceeds of the Bonds is (under the terms of the
Bonds or any underlying arrangement) directly or indirectly, M secured by any
interest in property, or payments in respect of property, used or to be used for a
Private Business Use, or (ii) to be derived from payments (whether or not to the
Agency) in respect of property, or borrowed money, used or to be used for a Private
Business Use; and
(b) in the event that in excess of 5 percent of the Proceeds of the Bonds is
used for a Private Business Use, and, in addition, the payment of the principal of,
or the interest on, more than 5 percent of the Proceeds of the Bonds is, (under the
terms of the Bonds or any underlying arrangement) directly or indirectly, secured
by any interest in property, or payments in respect of property, used or to be used
for said Private Business Use or is to be derived from payments (whether or not to
the Agency) in respect of property, or borrowed money, used or to be used for a
Private Business Use, then, (A) said excess over said 5 percent of the Proceeds of
the Bonds which is used for a Private Business Use shall be used for a Private
Business Use related to a government use of such Proceeds and (B) each such
Private Business use over five percent of the Proceeds of the Bonds which is related
to a government use of such Proceeds shall not exceed the amount of such
Proceeds which is used for the government use of Proceeds to which such Private
Business Use is related.
Section 5.09.Private Loan Limitation. The Agency shall assure that not in excess
of the lesser of five percent (5`70) of the Proceeds of the Bonds or $5,000,000 is to be used,
directly or indirectly, to make or finance loans (other than loans constituting
Nonpurpose Investments and other than loans which enable the borrower to finance any
governmental tax or assessment of general application for a specific essential
governmental function) to persons other than state or local government units.
Section 5.10.Collection of Special Tax Revenues. The Agency shall comply with all
requirements of the Act so as to assure the timely collection of Special Tax Revenues,
including without limitation, the enforcement of delinquent Special Taxes.
On or within five (5) Business Days of each June 1, the Fiscal Agent shall provide
the Treasurer with a notice stating the amount then on deposit in the Bond Fund, and
Worming the Agency that the Special Taxes may need to be levied pursuant to the
Ordinance as necessary to provide for Annual Debt Service and Administrative
Expenses. The receipt of such notice by the Treasurer shall in no way affect the
obligations of the Treasurer under the following two paragraphs. Upon receipt of such
notice, the Treasurer shall communicate with the Auditor to ascertain the relevant
parcels on which the Special Taxes are to be levied, taking into account any parcel splits
during the preceding and then current year.
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The Treasurer shall effect the levy of the Special Taxes each Fiscal Year in
accordance with the Ordinance, such that the computation of the levy is complete before
the final date on which Auditor will accept the transmission of the Special Tax amounts
for the parcels within the District for inclusion on the next tax roll. Upon the completion
of the computation of the amounts of the levy, the Treasurer shall prepare or cause to be
prepared, and shall transmit to the Auditor, such data as the Auditor requires to include
the levy of the Special Taxes on the next tax roll.
The Treasurer shall fix and levy the amount of Special Taxes within the District
required for the payment of principal of and interest on any outstanding Bonds of the
District becoming due and payable during the ensuing year and an amount estimated to
be sufficient to pay the Administrative Expenses during such year. The Special Taxes so
levied shall not exceed the authorized amounts as provided in the proceedings pursuant .
to the Resolution of Formation.
The Special Taxes shall be payable and be collected in the same manner and at the
same time and in the same installment as the general taxes on real property are payable,
and have the same priority, become delinquent at the same time and in the same
proportionate amounts and bear the same proportionate penalties and interest after
delinquency as do the general taxes on real property.
Section 5.11. Further Assurances. The Agency will adopt, make, execute and
deliver any and all such further resolutions, instruments and assurances as may be
reasonably necessary or proper to carry out the intention or to facilitate the performance
of this Agreement, and for the better assuring and confirming unto the Owners of the
rights and benefits provided in this Agreement.
Section 5.12. No Arbitrage. The Agency shall not take, or permit or suffer to be
taken by the Fiscal Agent or otherwise, any action with respect to the Gross Proceeds of
the Bonds which if such action had been reasonably expected to have been taken, or had
been deliberately and intentionally taken, on the Closing Date would have caused the
Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Code and
Regulations.
Section 5.13.Federal Guarantee Prohibition. The Agency shall not take any action
or permit or suffer any action to be taken if the result of the same would be to cause the
Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code and
Regulations.
Section 5.14. Compliance with the Code. The Agency covenants to take any and all
action and to refrain from taking such action, which is necessary in order to comply with
the Code or amendments thereto in order to maintain the exclusion from federal gross
income, pursuant to Section 103 of the Code, of the interest on the Bonds paid by the
Agency and received by the Owners.
Section 5.15.Covenant to Foreclose. Pursuant to Section 53356.1 of the Act, the
Agency hereby covenants with and for the benefit of the owners of the Bonds that it will
order, and cause to be commenced within 150 days following the date of notice to the
Agency of a delinquency, and thereafter diligently prosecute, an action in the superior
court to foreclose the lien of any Special Tax or installment thereof not paid when due.
The Treasurer shall notify counsel to the Agency of any such delinquency of which it is
aware, and counsel to the Agency shall commence, or cause to be commenced, such
proceedings.
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ARTICLE VI
INX7ESTNMNTS;DISPOSITION OF INVESTA=
PROCEEDS;LIABILITY OF THE AGENCY
Section 6.01.Deposit and Investment of Moneys in Funds. Subject in all respects to
the provisions of Section 6.02, moneys in any fund or account created or established by
this Agreement and held by the Fiscal Agent shall be invested by the Fiscal Agent in
Permitted Investments, as directed pursuant to an Officer's Certificate filed with the
Fiscal Agent at least two (2) Business Days in advance of the making of such
investments. In the absence of any such Officer's Certificate, the Fiscal Agent shall
invest any such moneys in Permitted Investments described in clause (vi) of the
definition thereof or in Federal Securities which by their terms mature prior to the date
on which such moneys are required to be paid out hereunder. Subject in all respects to
the provisions of Section 6.02, moneys in any fund or account created or established by
this Agreement and held by the Treasurer shall be invested by the Treasurer in any
lawful investments that the Agency may make or in any Permitted Investment, which in
any event by their terms mature prior to the date on which such moneys are required to
be paid out hereunder. Obligations purchased as an investment of moneys in any fund
shall be deemed to be part of such fund or account, subject, however, to the requirements
of this Agreement for transfer of interest earnings and profits resulting from investment
of amounts in funds and accounts. Whenever in this Agreement any moneys are
required to be transferred by the Agency to the Fiscal Agent, such transfer may be
accomplished by transferring a like amount of Permitted Investments.
The Fiscal Agent or the Treasurer may act as principal or agent in the acquisition
or disposition of any investment. Neither the Fiscal Agent nor the Treasurer shall incur
any liability for losses arising from any investments made pursuant to this Section. For
purposes of determining the amount on deposit in any fund or account held hereunder,
all Permitted Investments or investments credited to such fund or account shall be
valued at the cost thereof (excluding accrued interest and brokerage commissions, if
any).
Subject in all respects to the provisions of Section 6.02, investments in any and all
funds and accounts may be commingled in a separate fund or funds for purposes of
making, holding and disposing of investments, notwithstanding provisions herein for
transfer to or holding in or to the credit of particular funds or accounts of amounts
received or held by the Fiscal Agent or the Treasurer hereunder, provided that the Fiscal
Agent or the Treasurer, as applicable, shall at all times account for such investments
strictly in accordance with the funds and accounts to which they are credited and
otherwise as provided in this Agreement.
The Fiscal Agent or the Treasurer, as applicable, shall sell at the highest price
reasonably obtainable, or present for redemption, any investment security whenever it
shall be necessary to provide moneys to meet any required payment, transfer, withdrawal
or disbursement from the fund or account to which such investment security is credited
and neither the Fiscal Agent nor the Treasurer shall be liable or responsible for any loss
resulting from the acquisition or disposition of such investment security in accordance
herewith.
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Section 6.02.Rebate of Excess Investment Earnings to the United States. The
Agency covenants to calculate and rebate to the federal government, in accordance with
the Regulations, excess investment earnings to the extent required by section I48(f) of the
Code. Any fees or expenses incurred by the Fiscal Agent or the Agency under or
pursuant to this Section 6.02 shall be Administrative Expenses.
Section 6.03. Limited Obligation. The Agency's obligations hereunder are limited
obligations of the Agency on behalf of the District and are payable solely from and secured
solely by the Special Tax Revenues and the amounts in the Special Tax Fund and the
Bond Fund.
Section 6.04.Liability of Agency. The Agency shall not incur any responsibility in
respect of the Bonds or this Agreement other than in connection with the duties or
obligations explicitly herein or in the Bonds assigned to or imposed upon it. The Agency
shall not be liable in connection with the performance of its duties hereunder, except for
its own negligence or willful default. The Agency shall not be bound to ascertain or
inquire as to the performance or observance of any of the terms, conditions covenants or
agreements of the Fiscal Agent herein or of any of the documents executed by the Fiscal
Agent in connection with the Bonds, or as to the existence of a default or event of default
thereunder.
In the absence of bad faith, the Agency, including the Treasurer, may conclusively
rely, as to the truth of the statements and the correctness of the opinions expressed
therein, upon certificates or opinions furnished to the Agency and conforming to the
requirements of this Agreement. The Agency, including the Treasurer, shall not be
liable for any error of judgment made in good faith unless it shall be proved that it was
negligent in ascertaining the pertinent facts.
No provision of this Agreement shall require the Agency to expend or risk its own
general funds or otherwise incur any financial liability (other than with respect to the
Special Tax Revenues) in the performance of any of its obligations hereunder, or in the
exercise of any of its rights or powers, if it shall have reasonable grounds for believing
that repayment of such funds or adequate indemnity against such risk or liability is not
reasonably assured to it.
The Agency may rely and shall be protected in acting or refraining from acting
upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or
other paper or document believed by it to be genuine and to have been signed or presented
by the proper party or proper parties. The Agency may consult with counsel, who may be
the Agency Attorney, with regard to legal questions, and the opinion of such counsel
shall be full and complete authorization and protection in respect of any action taken or
suffered by it hereunder in good faith and in accordance therewith.
The Agency shall not be bound to recognize any person as the Owner of a Bond
unless and until such Bond is submitted for inspection, if required, and his title thereto
satisfactory established, if disputed.
Whenever in the administration of its duties under this Agreement the Agency
shall deem it necessary or desirable that a matter be proved or established prior to taking
or suffering any action hereunder, such matter (unless other evidence in respect thereof
be herein specifically prescribed) may, in the absence of willful misconduct on the part of
the Agency, be deemed to be conclusively proved and established by a certificate of the
Fiscal Agent, and such certificate shall be full warrant to the Agency for any action taken
or suffered under the provisions of this Agreement or any Supplemental Agreement
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upon the faith thereof, but in its discretion the Agency may, in lieu thereof, accept other
evidence of such matter or may require such additional evidence as to it may seem
reasonable.
Section 6.05. Employment of Agents by Agency or Fiscal Agent. In order to
perform their respective duties and obligations hereunder, the Agency, the Treasurer
and,'or the Fiscal Agent may employ such persons or entities as they deem necessary or
advisable. The Agency and/or the Fiscal Agent shall not be liable for any of the acts or
omissions of such persons or entities employed by them in good faith hereunder, and
shall be entitled to rely, and shall be fully protected in doing so, upon the opinions,
calculations, determinations and directions of such persons or entities.
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TIRE FISCAL AGENT
Section 7.01.Appointment of Fiscal Agent. The Authority is hereby appointed
Fiscal Agent and paying agent for the Bonds. The Fiscal Agent undertakes to perform
such duties, and only such duties, as are specifically set forth in this Agreement, and no
implied covenants or obligations shall be read into this Agreement against the Fiscal
Agent.
Any company into which the Fiscal Agent may be merged or converted or with
which it may be consolidated or any company resulting from any merger, conversion or
consolidation to which it shall be a party or any company to which the Fiscal Agent may
sell or transfer all or substantially all of its corporate trust business, provided such
company shall be eligible under the following paragraph of this Section, shall be the
successor to such Fiscal Agent without the execution or filing of any paper or any further
act, anything herein to the contrary notwithstanding.
The Agency may remove the Fiscal Agent initially appointed, and any successor
thereto, and may appoint a successor or successors thereto, but any such successor shall
be a bank or trust company having a combined capital (exclusive of borrowed capital) and
surplus of at least Fifty Million Dollars ($50,000,000), and subject to supervision or
examination by federal or state authority. If such bank or trust company publishes a
report of condition at least annually, pursuant to law or to the requirements of any
supervising or examining authority above referred to, then for the purposes of this
Section 7.01, combined capital and surplus of such bank or trust company shall be
deemed to be its combined capital and surplus as set forth in its most recent report of
condition so published.
The Fiscal Agent may at any time resign by giving written notice to the Agency
and by giving to the Owners notice by mail of such resignation. Upon receiving notice of
such resignation, the Agency shall promptly appoint a successor Fiscal Agent by an
instrument in writing.Any resignation or removal of the Fiscal Agent shall become
effective upon acceptance of appointment by the successor Fiscal Agent.
If no appointment of a successor Fiscal Agent shall be made pursuant to the
foregoing provisions of this Section within forty-five (45) days after the Fiscal Agent shall
have given to the Agency written notice or after a vacancy in the office of the Fiscal Agent
shall have occurred by reason of its inability to act, the Fiscal Agent or any Bondowner
may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent.
Said court may thereupon, after such notice, if any, as such court may deem proper,
appoint a successor Fiscal Agent.
If, by reason of the judgment of any court, the Fiscal Agent is rendered unable to
perform its duties hereunder, all such duties and all of the rights and powers of the
Fiscal Agent hereunder shall be assumed by and vest in the Treasurer of the Agency in
trust for the benefit of the Owners. The Agency covenants for the direct benefit of the
Owners that its Treasurer in such case shall be vested with all of the rights and powers of
the Fiscal Agent hereunder, and shall assume all of the responsibilities and perform all
of the duties of the Fiscal Agent hereunder, in trust for the benefit of the Owners of the
Bonds.
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Section 7.02.Liability of Fiscal Agent. The recitals of facts, covenants and
agreements herein and in the Bonds contained shall be taken as statements, covenants
and agreements of the Agency, and the Fiscal Agent assumes no responsibility for the
correctness of the same, or makes any representations as to the validity or sufficiency of
this Agreement or of the Bonds, or shall incur any responsibility in respect thereof, other
than in connection with the duties or obligations herein or in the Bonds assigned to or
imposed upon it. The Fiscal Agent shall not be liable in connection with the performance
of its duties hereunder, except for its own negligence or willful default. The Fiscal Agent
assumes no responsibility or liability for any information, statement or recital in any
offering memorandum or other disclosure material prepared or distributed with respect
to the issuance of the Bonds.
In the absence of bad faith, the Fiscal Agent may conclusively rely, as to the truth
of the statements and the correctness of the opinions expressed therein, upon certificates
or opinions furnished to the Fiscal Agent and conforming to the requirements of this
Agreement; but in the case of any such certificates or opinions by which any provision
hereof are specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall
be under a duty to examine the same to determine whether or not they conform to the
requirements of this Agreement. Except as provided above in this paragraph, Fiscal
Agent shall be protected and shall incur no liability in acting or proceeding, or in not
acting or not proceeding, in good faith, reasonably and in accordance with the terms of
this Agreement, upon any resolution, order, notice, request, consent or waiver,
certificate, statement, affidavit, or other paper or document which it shall in good faith
reasonably believe to be genuine and to have been adopted or signed by the proper person
or to have been prepared and furnished pursuant to any provision of this Agreement, and
the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to
any statements contained or matters referred to in any such instrument.
The Fiscal Agent shall not be liable for any error of judgment made in good faith
by a responsible officer unless it shall be proved that the Fiscal Agent was negligent in
ascertaining the pertinent facts.
No provision of this Agreement shall require the Fiscal Agent to expend or risk its
own funds or otherwise incur any financial liability in the performance of any of its
duties hereunder, or in the exercise of any of its rights or powers, if it shall have
reasonable grounds for believing that repayment of such funds or adequate indemnity
against such risk or liability is not reasonably assured to it.
The Fiscal Agent shall be under no obligation to exercise any of the rights or
powers vested in it by this Agreement at the request or direction of any of the Owners
pursuant to this Agreement unless such Owners shall have offered to the Fiscal Agent
reasonable security or indemnity against the costs, expenses and liabilities which might
be incurred by it in compliance with such request or direction.
The Fiscal Agent may become the owner of the Bonds with the same rights it
would have if it were not the Fiscal Agent.
Section 7.03. Information. The Fiscal Agent shall provide to the Agency such
information relating to the Bonds and the funds and accounts maintained by the Fiscal
Agent hereunder as the Agency shall reasonably request, including but not limited to
quarterly statements reporting funds held and transactions by the Fiscal Agent.
Section 7.04.Notice to Fiscal Agent. The Fiscal Agent may rely and shall be
protected in acting or refraining from acting upon any notice, resolution, request,
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consent, order, certificate, report, warrant, Bond or other paper or document believed by
it to be genuine and to have been signed or presented by the proper party or proper
parties- The Fiscal Agent may consult with counsel, who may be counsel to the Agency,
with regard to legal questions, and the opinion of such counsel shall be full and complete
authorization and protection in respect of any action taken or suffered by it hereunder in
good faith and in accordance therewith.
The Fiscal Agent shall not be bound to recognize any person as the Owner of a
Bond unless and until such Bond is submitted for inspection, if required, and his title
thereto satisfactorily established, if disputed.
Whenever in the administration of its duties under this Agreement the Fiscal
Agent shall deem it necessary or desirable that a matter be proved or established prior to
taking or suffering any action hereunder, such matter (unless other evidence in respect
thereof be herein specifically prescribed) may, in the absence of willful misconduct on the
part of the Fiscal Agent, be deemed to be conclusively proved and established by a
certificate of the Agency, and such certificate shall be full warrant to the Fiscal Agent for
any action taken or suffered under the provisions of this Agreement or any Supplemental
Agreement upon the faith thereof, but in its discretion the Fiscal Agent may, in lieu
thereof, accept other evidence of such matter or may require such additional evidence as
to it may seem reasonable.
Section 7.05. Compensation, Indemnification. The Agency shall pay to the Fiscal
Agent from time to time reasonable compensation for all services rendered as Fiscal
Agent under this Agreement, and also all reasonable expenses, charges, counsel fees
and other disbursements, including those of their attorneys, agents and employees,
incurred in and about the performance of their powers and duties under this Agreement,
but the Fiscal Agent shall not have a lien therefor on any funds at any time held by it
under this Agreement. The Agency further agrees, to the extent permitted by applicable
law, to indemnify and save the Fiscal Agent, its officers, employees, directors and agents
harmless against any liabilities which it may incur in the exercise and performance of
its powers and duties hereunder which are not due to its negligence or willful
misconduct. The obligation of the Agency under this Section shall survive resignation or
removal of the Fiscal Agent under this Agreement and payment of the Bonds and
discharge of this Agreement, but any monetary obligation of the Agency arising under
this Section shall be limited solely to amounts on deposit in the Administrative Expense
Fund.
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PAGE _Gr
ARTICLE VM
MODIFICATION OR AMENDMENT OF THIS AGREEMENT
Section 8.01. Amendments Permitted. This Agreement and the rights and
obligations of the Agency and of the Owners of the Bonds may be modified or amended at
any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of
Owners, or with the written consent without a meeting, of the Owners of at least sixty
percent (60%) in aggregate principal amount of the Bonds then Outstanding, exclusive of
Bonds disqualified as provided in Section 8.04. No such modification or amendment shall
(i) extend the maturity of any Bond or reduce the interest rate thereon, or otherwise alter
or impair the obligation of the Agency to pay the principal of, and the interest and any
premium on, any Bond, without the express consent of the Owner of such Bond, or (ii)
permit the creation by the Redevelopment Agency of the Agency of any pledge or lien
upon the Special Taxes superior to or on a parity with the pledge and lien created for the
benefit of the Bonds (except as otherwise permitted by the Act, the laws of the State of
California or this Agreement), or reduce the percentage of Bonds required for the
amendment hereof. Any such amendment may not modify any of the rights or
obligations of the Fiscal Agent without its written consent.
This Agreement and the rights and obligations of the Agency and of the Owners
may also be modified or amended at any time by a Supplemental Agreement, without the
consent of any Owners, only to the extent permitted by law and only for any one or more of
the following purposes:
(a) to add to the covenants and agreements of the Agency in this
Agreement contained, other covenants and agreements thereafter to be observed,
or to limit or surrender any right or power herein reserved to or conferred upon
the Agency;
(b) to make modifications not adversely affecting affecting any outstanding
series of Bonds of the Agency in any material respect;
(c) to make such provisions for the purpose of curing any ambiguity, or of
curing, correcting or supplementing any defective provision contained in this
Agreement, or in regard to questions arising under this Agreement, as the
Agency and the Fiscal Agent may deem necessary or desirable and not
inconsistent with this Agreement, and which shall not adversely affect the rights
of the Owners of the Bonds;
(d) to make such additions, deletions or modifications as may be necessary
or desirable to assure compliance with section 148 of the Code relating to required
rebate of Excess Investment Earrings to the United States or otherwise as may be
necessary to assure exclusion from gross income for federal income tax purposes
of interest on the Bonds or to conform with the Regulations; or
(e) to make such additions, deletions or modifications in connection with
the issuance of Parity Bonds as necessary or desirable.
Section 8.02. Owners' Meetings. The Agency may at any time call a meeting of the
Owners. In such event the Agency is authorized to fix the time and place of said meeting
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and to provide for the giving of notice thereof, and to fix and adopt rules and regulations
for the conduct of said meeting.
Section 8.03. Procedure for Amendment with Written Consent of Owners. The
Agency and the Fiscal Agent may at any time adopt a Supplemental Agreement
amending the provisions of the Bonds or of this Agreement or any Supplemental
Agreement, to the extent that such amendment is permitted by Section 8.01, to take effect
when and as provided in this Section. A copy of such Supplemental Agreement, together
with a request to Owners for their consent thereto, shall be mailed by first class mail, by
the Fiscal Agent to each Owner of Bonds Outstanding, but failure to mail copies of such
Supplemental Agreement and request shall not affect the validity of the Supplemental
Agreement when assented to as in this Section provided.
Such Supplemental Agreement shall not become effective unless there shall be
filed with the Fiscal Agent the written consents of the Owners of at least sixty percent
(60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds
disqualified as provided in Section 8.04 and a notice shall have been mailed as hereinafter
in this Section provided. Each such consent shall be effective only if accompanied by proof
of ownership of the Bonds for which such consent is given, which proof shall be such as
is permitted by Section 9.04. Any such consent shall be binding upon the Owner of the
Bonds giving such consent and on any subsequent Owner (whether or not such
subsequent Owner has notice thereof) unless such consent is revoked in writing by the
Owner giving such consent or a subsequent Owner by filing such revocation with the
Fiscal Agent prior to the date when the notice hereinafter in this Section provided for has
been mailed.
After the Owners of the required percentage of Bonds shall have filed their
consents to the Supplemental Agreement, the Agency shall mail a notice to the Owners
in the manner hereinbefore provided in this Section for the mailing of the Supplemental
Agreement, stating in substance that the Supplemental Agreement has been consented
to by the Owners of the required percentage of Bonds and will be effective as provided in
this Section (but failure to mail copies of said notice shall not affect the validity of the
Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall
be filed with the Fiscal Agent.A record, consisting of the papers required by this Section
8.03 to be filed with the Fiscal Agent, shall be proof of the matters therein stated until the
contrary is proved. The Supplemental Agreement shall become effective upon the filing
with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental
Agreement shall be deemed conclusively binding (except as otherwise hereinabove
specifically provided in this Article) upon the Agency and the Owners of all Bonds at the
expiration of sixty (60) days after such filing, except in the event of a final decree of a court
of competent jurisdiction setting aside such consent in a legal action or equitable
proceeding for such purpose commenced within such sixty-day period.
Section 8.04. Disqualified Bonds. Bonds owned or held for the account of the
Agency, excepting any pension or retirement fund, shall not be deemed Outstanding for
the purpose of any vote, consent or other action or any calculation of Outstanding Bonds
provided for in this Article VIII, and shall not be entitled to vote upon, consent to, or take
any other action provided for in this Article VIII.
Section 8.05.Effect of Supplemental Agreement. From and after the time any
Supplemental Agreement becomes effective pursuant to this Article VIII, this
Agreement shall be deemed to be modified and amended in accordance therewith, the
respective rights, duties and obligations under this Agreement of the Agency and all
Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced
-31-
AGENDA ITEM N0. '
PAGF�Yp���
hereunder subject in all respects to such modifications and amendments, and all the
terms and conditions of any such Supplemental Agreement shall be deemed to be part of
the terms and conditions of this Agreement for any and all purposes.
Section 8.06.Endorsement or Replacement of Bonds Issued After Amendments.
The Agency may determine that Bonds issued and delivered after the effective date of any
action taken as provided in this Article VIII shall bear a notation, by endorsement or
otherwise, in form approved by the Agency, as to such action. In that case, upon demand
of the Owner of any Bond Outstanding at such effective date and presentation of his Bond
for that purpose at the Principal Office of the Fiscal Agent or at such other office as the
Agency may select and designate for that purpose, a suitable notation shall be made on
such Bond. The Agency may determine that new Bonds, so modified as in the opinion of.
the Agency is necessary to conform to such Owners' action, shall be prepared, executed
and delivered. In that case, upon demand of the Owner of any Bonds then Outstanding,
such new Bonds shall be exchanged at the Principal Office of the Fiscal Agent without
cost to any Owner, for Bonds then Outstanding, upon surrender of such Bonds.
Section&07.Amendatory Endorsement of Bonds. The provisions of this Article
VIII shall not prevent any Owner from accepting any amendment as to the particular
Bonds held by him, provided that due notation thereof is made on such Bonds.
-32-
AGENDA ITENr PAD.
FAGS QF
ARTICLE IX
MISCELLANEOUS
Section 9.01. Benefits of Agreement Limited to Parties. Nothing in this
Agreement, expressed or implied, is intended to give to any person other than the
Agency, the Fiscal Agent and the Owners, any right, remedy, claim under or by reason
of this Agreement. Any covenants, stipulations, promises or agreements in this
Agreement contained by and on behalf of the Agency shall be for the sole and exclusive
benefit of the Owners and the Fiscal Agent.
Section 9.02. Successor is Deemed Included in All References to Predecessor.
Whenever in this Agreement or any Supplemental Agreement either the Agency or the
Fiscal Agent is named or referred to, such reference shall be deemed to include the
successors or assigns thereof, and all the covenants and agreements in this Agreement
contained by or on behalf of the Agency or the Fiscal Agent shall bind and inure to the
benefit of the respective successors and assigns thereof whether so expressed or not.
Section 9.03. Discharge of Agreement. The Agency shall have the option to pay
and discharge the entire indebtedness on all or any portion of the Bonds Outstanding in
any one or more of the following ways:
(a) by well and truly paying or causing to be paid the principal of, and
interest and any premium on, such Bonds Outstanding, as and when the same
become due and payable;
(b) by depositing with the Fiscal Agent, in trust, at or before maturity,
money which, together with the amounts then on deposit in the funds and
accounts provided for in Section 4.02 is fully sufficient to pay such Bonds
Outstanding, including all principal, interest and redemption premiums; or
(c) by irrevocably depositing with the Fiscal Agent, in trust, cash and
Federal Securities in such amount as the Agency shall determine as confirmed by
an independent certified public accountant will, together with the interest to
accrue thereon and moneys then on deposit in the fund and accounts provided for
in Section 4.02, be fully sufficient to pay and discharge the indebtedness on such
Bonds (including all principal, interest and redemption premiums) at or before
their respective maturity dates.
If the Agency shall have taken any of the actions specified in (a), (b) or (c) above,
and if such Bonds are to be redeemed prior to the maturity thereof notice of such
redemption shall have been given as in this Agreement provided or provision satisfactory
to the Fiscal Agent shall have been made for the giving of such notice, then, at the
election of the Agency, and notwithstanding that any Bonds shall not have been
surrendered for payment, the pledge of the Special Taxes and other funds provided for in
this Agreement and all other obligations of the Agency under this Agreement with
respect to such Bonds Outstanding shall cease and terminate. Notice of such election
shall be filed with the Fiscal Agent. Notwithstanding the foregoing, the obligation of the
Agency to pay or cause to be paid to the Owners of the Bonds not so surrendered and paid
all sums due thereon and all amounts owing to the Fiscal Agent pursuant to Section 7.05
shall continue in any event.
-33-
AGENDA ITE11,4 N0. �.
PAGE
OF
Upon compliance by the Agency with the foregoing with respect to all Bonds
Outstanding, any funds held by the Fiscal Agent after payment of all fees and expenses of
the Fiscal Agent, which are not required for the purposes of the preceding paragraph,
shall be paid over to the Agency and any Special Taxes thereafter received by the Agency
shall not be remitted to the Fiscal Agent but shall be retained by the Agency to be used for
any purpose permitted under the Act.
Section 9.04. Execution of Documents and Proof of Ownership by Ow-ners. Any
request, declaration or other instrument which this Agreement may require or permit to
be executed by Owners may be in one or more instruments of similar tenor, and shall be
executed by Owners in person or by their attorneys appointed in writing.
Except as otherwise herein expressly provided, the fact and date of the execution by
any Owner or his attorney of such request, declaration or other instrument, or of such
writing appointing such attorney, may be proved by the certificate of any notary public or
other officer authorized to take acknowledgments of deeds to be recorded in the state in
which he purports to act, that the person signing such request, declaration or other
instrument or writing acknowledged to him the execution thereof, or by an affidavit of a
witness of such execution, duly sworn to before such notary public or other officer.
Except as otherwise herein expressly provided, the ownership of registered Bonds
and the amount, maturity, number and date of holding the same shall be proved by the
registry books.
Any request, declaration or other instrument or writing of the Owner of any Bond
shall bind all future Owners of such Bond in respect of anything done or suffered to be
done by the Agency or the Fiscal Agent in good faith and in accordance therewith.
Section 9.05. Waiver of Personal Liability. No member,officer, agent or employee
of the Agency shall be individually or personally liable for the payment of the principal of,
or interest or any premium on, the Bonds; but nothing herein contained shall relieve any
such member, officer, agent or employee from the performance of any official duty
provided by law.
Section 9.06. Notices to and Demands on Agency and Fiscal Agent. Any notice or
demand which by any provision of this Agreement is required or permitted to be given or
served by the Fiscal Agent to or on the Agency may be given or served by being deposited
postage prepaid in a post office letter box addressed (until another address is filed by the
Agency with the Fiscal Agent) as follows:
Redevelopment Agency of the City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92330
Attention: Director of Administrative Services
Any notice or demand which by any provision of this Agreement is required or
permitted to be given or served by the Agency to or on the Fiscal Agent may be given or
served by being deposited postage prepaid in a post office letter box addressed (until
another address is filed by the Fiscal Agent with the Agency) as follows:
-34-
AGR4DA ITEM NO.___�•A '
PACE I_OF*T(o
Lake Elsinore Public Financing Authority
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92330
Attention: Treasurer
Section 9.07. Partial Invalidity. If any Section, paragraph, sentence, clause or
phrase of this Agreement shall for any reason be held illegal or unenforceable, such
holding shall not affect the validity of the remaining portions of this Agreement. The
Agency hereby declares that it would have adopted this Agreement and each and every
other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of
the Bonds pursuant thereto irrespective of the fact that any one or more Sections,
paragraphs, sentences, clauses, or phrases of this Agreement may be held illegal,
invalid or unenforceable.
Section 9.08. Unclaimed Moneys. Anything contained herein to the contrary
notwithstanding, any moneys held by the Fiscal Agent in trust for the payment and
discharge of the principal of, and the interest and any premium on, the Bonds which
remains unclaimed for three (3) years after the date when the payments of such
principal, interest and premium have become payable, if such moneys was held by the
Fiscal Agent at such date, shall be repaid by the Fiscal Agent to the Agency as its
absolute property free from any trust, and the Fiscal Agent shall thereupon be released
and discharged with respect thereto and the Bond Owners shall look only to the Agency
for the payment of the principal of, and interest and any premium on, such Bonds.
Section 9.09. Applicable Law. This Agreement shall be governed by and enforced
in accordance with the laws of the State of California applicable to contracts made and
performed in the State of California.
Section 9.10. Conflict with Act. In the event of a conflict between any provision of
this Agreement with any provision of the Act as in effect on the Closing Date, the
provision of the Act shall prevail over the conflicting provision of this Agreement.
Section 9.11. Conclusive Evidence of Regularity. Bonds issued pursuant to this
Agreement shall constitute conclusive evidence of the regularity of all proceedings under
the Act relative to their issuance and the levy of the Special Taxes.
Section 9.12. Payment on Business Day. In any case where the date of the
maturity of interest or of principal (and premium, if any) of the Bonds or the date fixed for
redemption of any Bonds or the date any action is to be taken pursuant to this Agreement
is other than a Business Day, the payment of interest or principal (and premium, if any)
or the action need not be made on such date but may be made on the next succeeding day
which is a Business Day with the same force and effect as if made on the date required
and no interest shall accrue for the period after such date.
Section 9.13. Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed an original.
-35-
AGENDA f;EF t NO.
PAGE OF •
IN WITNESS WHEREOF, the Agency has caused this Agreement to be executed in
its name and the Fiscal Agent has caused this Agreement to be executed in its name, all
as of December 1, 1990.
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE, for and on
behalf of the REDEVELOPMENT
AGENCY OF THE CITY OF LAKE
ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 90-2 (TUSCANY HILLS
PUBLIC IMPROVEMENTS)
By.
Director of Administrative Services
LAKE ELSINORE PUBLIC
FINANCING AUTHORITY, as Fiscal
Agent
By.
Executive Director
-35-
AGENDA ITEM N0. 4A . -
PACE_7T0F_tf#
EBTr A
FORM OF BOND
No.
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
CONIMUNITY FACILITIES DISTRICT NO. 90-2
(TUSCA_N,'Y HILLS PUBLIC IMPROVEMENTS)
1990 SPECIAL TAX BOND
INTEREST RATE MATURITY DATE BOND DATE CUSIP
December 1, 1990
REGISTERED OR'NIIL-
PRINCIPAL AMOUNT: DOLLARS
The Redevelopment Agency of the City of Lake Elsinore (the "Agency") for and on
behalf of the Redevelopment Agency of the City of Lake Elsinore Community Facilities
District No. 90-2 (Tuscany Hills Public Improvements) (the "District"), for value received,
hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected
in the District or amounts in the funds and accounts held under the Agreement (as
hereinafter defined), to the registered owner named above, or registered assigns, on the
maturity date set forth above, unless redeemed prior thereto as hereinafter provided, the
principal amount set forth above, and to pay interest on such principal amount from
December 1, 1990, or from the most recent interest payment date to which interest has
been paid or duly provided for, semiannually on April 1 and October 1, commencing
April 1, 1991, at the interest rate set forth above, until the principal amount hereof is paid
or made available for payment. The principal of this Bond is payable to the registered
owner hereof in lawful money of the United States of America upon presentation and
surrender of this Bond at the office of the Lake Elsinore Public Financing Authority (the
"Fiscal Agent"). Interest on this Bond shall be paid by check of the Fiscal Agent mailed
on each interest payment date to the registered owner hereof as of the close of business on
the 15th day of the month preceding the month in which the interest payment date occurs
(the "Record Date") at such registered owner's address as it appears on the registration
books maintained by the Fiscal Agent.
A-1
AGENDA ITEM 1V0.
PAGE��OF •
This Bond is one of a duly authorized issue of bonds in the aggregate principal
amount of$50,000,000 approved by the qualified electors of the District on November 27,
1990 pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Sections
53311, et seq., of the California Government Code (the "Mello-Roos Act) for the purpose of
financing the acquisition of certain facilities in the vicinity of the District (the "Project"),
and is one of the series of Bonds designated "Redevelopment Agency of the City of Lake
Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements)
1990 Special Tax Bonds" (the "Bonds"). The creation of the Bonds and the terms and
conditions thereof are provided for by a resolution adopted by the Governing Board of the
Redevelopment Agency of the City of Lake Elsinore on November 27, 1990 (the
"Resolution"), and the Fiscal Agent Agreement, dated as of December 1, 1990, between
the Agency and the Fiscal Agent (the "Agreement") and this reference incorporates the
Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond
assents to said terms and conditions. The Resolution is adopted under and this Bond is
issued under, and both are to be construed in accordance with, the laws of the State of
California.
Pursuant to the Mello-Roos Act, the Agreement and the Resolution, the principal
of and interest on this Bond are payable solely from the annual special tax authorized
under the Mello-Roos Act to be collected within the District (the "Special Tax") and
certain funds held under the Agreement. Parity Bonds may be issued and secured on a
parity with the Bonds under and subject to the provisions of the Agreement.
Interest on this Bond shall be payable from the interest payment date next
preceding the date of authentication hereof, unless (i) it is authenticated on an interest
payment date, in which event it shall bear interest for such interest payment date, or (ii)
such date of authentication is after a Record Date but on or prior to an interest payment
date, in which event interest will be payable from such interest payment date, or(iii) such
date of authentication is prior to the first Record Date, in which event interest will be
payable from December 1, 1990; provided however, that if at the time of authentication of
this Bond, interest is in default hereon, this Bond shall bear interest from the interest
payment date to which interest has previously been paid or made available for payment
hereon.
Any tax for the payment hereof shall be limited to the Special Tax, except to the
extent that provision for payment has been made by the Redevelopment Agency of the City
of Lake Elsinore, as may be permitted by law. The Bonds do not constitute obligations of
the Redevelopment Agency of the City of Lake Elsinore for which said Agency is obligated
to levy or pledge, or has levied or pledged, general or special taxation other than described
hereinabove. The Agency has covenanted for the benefit of the owners of the Bonds that it
will commence within 150 days of notification of a delinquency and diligently pursue to
completion appropriate foreclosure actions in the event of delinquencies of any Special
Tax installments levied for payment of principal and interest.
So long as the Bonds are owned by the Authority,the Bonds shall only be subject to
redemption prior to maturity with the prior written approval of the Authority or its
designee in whole, or in part by lot, on any date and at a redemption price to be agreed
upon by the Agency and the Authority, from any available source of funds.
Notwithstanding the foregoing, the Bonds shall be subject to redemption in part on
any Interest Payment Date from the proceeds of prepayments of Special Taxes, at a
redemption price equal to the principal amount thereof plus accrued interest to the date
of redemption; without premium.
A-2
AGENDA L.A
PAC 0
Notice of redemption with respect to the Bonds to be redeemed shall be given to the
registered owners thereof, in the manner, to the extent and subject to the provisions of the
Agreement.
This Bond shall be registered in the name of the owner hereof, as to both principal
and interest.
Each registration and transfer of registration of this Bond shall be entered by the
Fiscal Agent in books kept by it for this purpose and authenticated by its manual
signature upon the certificate of authentication endorsed hereon.
No transfer or exchange hereof shall be valid for any purpose unless made by the
registered owner, by execution of the form of assignment endorsed hereon, and
authenticated as herein provided, and the principal hereof, interest hereon and any
redemption premium shall be payable only to the registered owner or to such owner's
order.The Fiscal Agent shall require the registered owner requesting transfer or
exchange to pay any tax or other governmental charge required to be paid with respect to
such transfer or exchange. No transfer or exchange hereof shall be required to be made
(i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for
redemption or (ii) with respect to a Bond after such Bond has been selected for
redemption.
The Fiscal Agent Agreement and the rights and obligations of the Agency
thereunder may be modified or amended as set forth therein.
This Bond shall not become valid or obligatory for any purpose until the certificate
of authentication and registration hereon endorsed shall have been dated and signed by
the Fiscal Agent.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions
and things required by law to exist, happen and be performed precedent to and in the
issuance of this Bond have existed, happened and been performed in due time, form and
manner as required by law, and that the amount of this Bond does not exceed any debt
limit prescribed by the laws or Constitution of the State of California.
IN WITNESS WHEREOF, Redevelopment Agency of the City of Lake Elsinore has
caused this Bond to be dated December 1, 1990, to be signed by the facsimile signature of
its Chairman and countersigned by the facsimile signature of the Secretary.
REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
[SEAL]
ATI`ESP
Secretary
BY:
Chairman
A-3
AGENDA ITEM NO. •
PAGEikoF
FISCAL AGENT'S CERTIFICATE OFAUTHENTICA77ON
This is one of the Bonds described in the Resolution and the Agreement which has
been authenticated on
LAKE EI.SINORE PUBLIC
FINANCING AUTHORITY,
as Fiscal Agent
B
Authorized Officer
ASSIGNMENT
For value received, the undersigned do(es) hereby sell, assign and transfer unto
(Name,Address and Tax identification or Social Security Number of Assignee)
the within Bond and do(es) hereby irrevocably constitute and appoint
, attorney,
to transfer the same on the registration books of the Fiscal Agent, with full power of
substitution in the premises.
Dated
NOTICE: The signature(s) on this assignment must
correspond with the name(s)as written on the
face of the within Bond in every particular
without alteration or enlargement or any change
whatsoever.
Signature Guaranteed:
NOTICE: Signature(s)must be guaranteed by a member firm of the
New York Stock Exchange or a commercial bank or trust
company.
A-4
AGErJoA ITEM No. 4 A•
PAGE I`OF "'l
A G E N D A
LAKE ELSINORE TRANSIT SYSTEM
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NOVEMBER 27, 1990
POLICY OF THE LAKE ELSINORE TRANSIT SYSTEM BOARD:
"Only those items filed with the Secretary of the
Board by Noon on Tuesday, prior to the following
Tuesday meeting, will be considered by the Board
at said meeting. "
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT CALENDAR _
All matters on the Consent Calendar are to be
approved on one motion unless a Boardmember
requests separate action on a specific item.
A. Minutes RECOMMENDATION
1. Regular Meeting Lake Elsinore Transit Approve.
System - October 24, 1990.
B. Monthly Financial Statement - October, 1990.
1. Warrant List - October, 1990. Ratify.
2 . Statement of Operation. Rec. & File.
3 . Monthly Performance Report. Rec. & File.
4 . Operation Summarization - October, 1990. Rec. & File.
4. PUBLIC HEARINGS
5. BUSINESS ITEMS
6. TRANSIT COORDINATORS REPORT
7. REPORTS & RECOMMENDATIONS
8. ADJOURNMENT
MINUTES
LAKE ELSINORE TRANSIT OF SYSTEM SYSTEM BOARD
KE ELSINORE MEETING
282$1 ROBB ROAD
LAKE ELSINOREI CALIFORNIA
WEDNESDAY, OCTOBER 2
1- CALL
�� TO ORDER *********************
The ****
called Regular Lake Els '
order by Chairman ystem Transit S
2' R--L CALL Dominguez at 10.51 P.Board Meeting was
m.
PRESENT:
BOARDMEMBERS:
BUCK, STARKZy� WASHBURN,
ABSENT: DOMINGUEZ WINK LER
Also
BOARDMEMBERS:
NONE
Present we
General Mana were: General .
ger Rogers, Legal
Molend
Services Director gal Counsel yk, Assistant
Gunderman, Co Wood '
rarnunity Se Community DeveZo m Harper'
Administrative
Services Director Services Director atent Dire
Kirchner and Waten Director
3. CONSENT Clerk of t Paugh� public
�� CALEND he Board Kasad,
MOVED By N WASHBUR TO APPROVE THE RN' SECONDED By
BUc
CALENDAR ASK AND CR NIMOUS VOTE
IED BY UNANIMOUS
A'
The f PSENTED.following Minutes were approve 1. d:
Regular Meeting L j
September Lake Els
25, inor Transit f
B. A 1990, e System
Approved Monthly Financia
1• RatifiedI Statement for
Warrant List for September, 1990,
2. Received and September, 1990.
ordered filed the
3• Received and Statement of
Report. ordered filed the Operation.
Monthly Performance
for September, 1990
4• Received and ordered
c. a fled the Operation S
Concurred with �arization
Funds Under the Council Action to(Article 4) , A
4. Transportation DevelOPmenthe Claim for
PUBLIC
--� HEAR GS t Of 1971
None,
5• �BUSINESS ITEMS�
Nome.
6. TAT COORDINATO
RS REPO
T 1
None, :
7• REPORTS
�'~� RECOMMEND
ATIpNS
None.
AGENDA ITEM NO.�--�
PAGE J
PAGE TWO - LAKE ELSINORE TRANSIT SYSTEM MINUTES - OCTOBER 24, 1990
S. ADJOURNMENT
MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS
VOTE TO ADJOURN THE LAKE ELSINORE TRANSIT SYSTEM BOARD MEETING AT
10:53 P.M.
FRED DOMINGUEZ, CHAIRMAN
LAKE ELSINORE TRANSIT SYSTEM
ATTEST:
VICKI KASAD
CLERK OF THE BOARD
LAKE ELSINORE TRANSIT SYSTEM
AGENDA ITEM NO.3.;,A
PAGE OF�
LAKE ELSENORE TRANSIT SYSTEM
130 SO. MAIN STREET, LAKE ELSINORE, CA. 92330 (714)674-3124 — (714) 674-LETS ^~LETS
a
Chairman of the Board:
FRED DOMINGUEZ
Boardmembers: REPORT TO L.E.T.S. BOARD
WILL BUCK
BILL STARKEY SUBJECT: MONTHLY FINANCIAL STATEMENT
GARY WASHBURN
DATE: OCTOBER 31, 1998-, PREPA BY: KIMBERLY JONES
APPROVED:
General Manager: APPROVED:
GE RAL MAN GER
RON MOLENDYK
General Counsel : ITEM #1 WARRANT LIST FOR RATIFICATION
JOHN HARPER ITEM #2 STATEMENT OF OPERATION
Clerk: ITEM #3 MONTHLY PERFORMANCE REPORT
VICKI KASAD ITEM #4 OPERATION SUMMARIZATION
Treasurer:
TERESA CHERVENY
Controller:
C. RAY WOOD
Coordinator:
DELORES MC DANIELS
AGENDA ITEM NO.
PAGE ..OF
REPORTING PERIOD: OCTOBER 31, 1990
TO: THE HONORABLE CHAIRMAN AND DIRECTORS
LAKE ELSINORE TRANSIT SYSTEM
THE FOLLOWING LIST OF WARRANTS, DRAWN ON GENERAL DEMAND,
IS PRESENTED FOR YOUR RATIFICATION:
PAID TO SERVICE ACCT # WARR # AMOUNT
STATE COMPENSATION WORKERS COMP-SEPT. , 90 070 20871 6.64
CA. EMPLOYMENT DEVELOP SDI TAX P/E 10/5/90 080 20878 30.13
BIG AL OIL FUEL FOR BUSES 111 20890 1,309.57
CA BOARD - EQUALIZATION USER FUEL TAX-SEPT. , 90 111 20897 14.20
SHAMROCK SALES-SERVICE COPIER SUPPLIES/SERVICE 300 20983 67.26
A-Z BUS SALES REPAIR PARTS V607 & V606 330 20883 332.00
ELSINORE PIONEER LUMBER MISC PURCHASES-SEPT. , 90 330 20910 14.48
LK ELS AUTO PARTS BUS REPAIR PARTS 330 20941 1,103.86
PRUDENTIAL OVERALL LETS UNIFORMS 330 20964 138.98
STEVE'S AUTO PARTS PURCHASES IN SEPT. , 90 330 20991 305.91 ,
TRANS AIR REPAIR PARTS V607 330 20995 57.64
ZEP MANUFACTURING LETS SUPPLIES 330 21009 149.02
STATE COMPENSATION WORKERS COMP-OCT. , 90 070 21069 6.77
STATE COMPENSATION WORKERS COMP-OCT, 90 070 21169 918.47
CA. EMPLOYMENT DEVELOP SDI TAX P/E 10/19/90 080 21041 28.21
CA. EMPLOYMENT DEVELOP UNEMPLOYMENT INS 2ND QTR 080 21065 505.00
SUN TRIBUNE BUS DRIVER ADVERTISING 100 21164 28.60
COMMUNITY NEWS NETWORK BUS DRIVER ADVERTISING 100 21196 89.25
DANIELS TIRES TIRE REPAIR V609 110 21076 104.91
GEARHARTS SERVICE BRAKE REPAIR V607 110 21091 90.00
SEPULVEDA, RAYMOND UPHOLSTERY REPAIR 606-7 110 21158 540.00
BIG AL OIL BUS FUEL 111 21055 1,477.35
TEXACO REFINING BUS FUEL 111 21175 228.11
RUG DOCTOR RENTS RENT RUG DR./TOOLS 190 21195 22.41
GENERAL TELEPHONE PHONE BILLINGS 223 21092 46.09
GENERAL TELEPHONE PHONE BILLINGS 223 20880 76.76
A-Z BUS SALES REPAIR PARTS V607 330 21048 30.83
SINCERE SEWING VACUUM CLEANER DEGREASER 330 21162 83.22
UNIVERSAL COACH PARTS REPAIR PARTS V609/610 330 21181 287.20
WEST VALLEY TRUCKS PARTS V609/610 330 21185 14.54
8,107.41
--------------------------------------------------------------------------
Respectfully Submitted,
C. Ray Wood, Contro 11r
AGENDA ITEM—NO. '
PAGE ,OF
REPORTING PERIOD: OCTOBER 31, 1990
LAKE ELSINORE TRANSIT SYSTEM{
STATEMENT OF OPERATION
FISCAL YEAR 90/91
REVENUES/EXPENSES YR TO DATE PERCENT
OPERATING REVENUES BUDGET SEPT OCT
3480 Passenger Fares 33,500 1,543 2,523 7,753 23.1%
3461 Bus Advertising 1,500 0 0 0 0.0%
TOTAL OP REVENUES-P/Y 27,234 2,479 2,701 11,329 41.6%
NON-OPERATING REVENUES
3329 State Grants 0 0 0 0 0.0%
3339 County Grants 280,000 0 0 0 0.0%
3349 Federal Grants 0 0 0 0 0.0%
TOTAL NON-OP REVENUE-C/Y 280,000 0 0 0 0.0%
TOTAL NON-OP REVENUE-P/Y 0 0 0 0 0.0%
TOTAL REVENUE-CURRENT: 315,000 1,543 2,523 7,753 2.5%
OPERATING EXPENSES
020 Part Time Employees 70,000 6,459 6,341 24,448 34.9%
030 Over Time 1,000 155 137 428 42.80%
065 F.I.C.A. 6,000 506 496 1,904 31.7%
070 Work. Compensation 9,500 1,617 932 4,673 49.2%
080 SUI/SDI 1,200 58 563 733 61.1%
SUB-TOTAL: 87,700 8,796 8,469 32,186 36.7%
SUPPLIES & SERVICES
100 Advertising 1,500 0 118 118 7.9%
101 Community Promotion 3,000 0 0 0 0.0%
110 Auto Service 55,000 4,731 735 6,926 12.6%
Ill Fuel ,Oil/Lubricants 35,000 1,623 3,029 8,136 23.2%
140 Insurance-Liability 35,000 1,984 1,984 10,335 29.5%
141 Insurance-Casualty 1,000 0 0 0 0.0%
150 Maint/Repair-Equip 500 0 0 0 0.0%
170 Postage/Freight 100 11 0 14 14.0%
180 Publication/Member 200 0 0 527 263.5%
190 Rental-Prop/Equip 0 0 22 22 0.0%
200 Prof, Other Serv. 82,500 165 0 7,253 8.8%
210 Travel & Meetings 1,500 0 0 0 0.0%
211 Training/Education 1,000 0 0 0 0.0%
220 Utilities 0 136 123 423 0.0%
300 Office Supplies 1,000 0 67 67 6.7%
330 Special Dept Supply 5,000 3,738 2,518 8,460 169.2%
TOTAL SUPPLIES/SERVICES: 222,300 12,389 8,596 42,282 19.0%
CAPITAL OUTLAY
430 Furniture/Equipment 0 0 0 0 0.0%
440 Automotive Equip. 6,000 2,735 0 5,878 98.0%
450 Machinery/Equipment 0 0 0 0 0.0%
TOTAL CAPITAL OUTLAY: 6,000 2,735 0 5,878 98.0%
FIXED CHARGES
540 Depriciation Exp* 73,800 6,150 6,150 24,600 33.3%
DEPT.OPERATING TOTAL-C/Y 389,800 21,185 17,065 80,346 20.6%
DEPT.OPERATING TOTAL-P/Y 372,766 16,460 16,455 32,915 8.8%
NET PROFIT (LOSS)-C/Y (74,800) (19,641) (14,542) (72,593) -79.7%
NET PROFIT (LOSS)-P/Y 499 (13,981) (13,700) (59,670) -11957.9%
* MEMO ONLY - NOT INCLUDED IN TOTALS AGENDA ITEM NO. 3'6-2
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3 RD 4TH
LAKE ELSINORE TRANSIT SYSTEM
TRANSIT COORDINATOR'S MONTHLY PERFORMANCE REPORT
-----------MONTH----------- QUARTERLY
OPERATING DATA TOTAL
OCT NOV DEC
Passengers:
Regular 2,611
Elderly 1,351 ,35 265
1
1
Handicapped 265 ,
Student 265
2,303 2,303
Child 838 838
Transfers 94 94
Tickets 380 380
Total PASSENGERS 7,842 7,842
Total Vehicle MILES 12,211 12,211
Passengers Per Mile 0.64 0.64
Total Vehicle HOURS 678 678
Passengers Per Hour 11.57 11.57
FINANCIAL DATA:
Operating Expenses 17,065 17,065
Revenues:
Fares 2,523
Other 0 2,523
0
Total Revenues 2,523 2,523
Net Expense (Subsidy) : (14,542) (14,542)
Subsidy/Passenger 2.18 2.18
Subsidy/Vehicle Hour 25.17 25.17
AGENDA ITEM NO.
PAGE j._OF�.._.
Chairman of the Board:
FRED DOMINGUEZ
Boardmembers: REPORT TO L.E.T.S. BOARD
WILL BUCK
SUBJECT: OPERATION SUMMARIZATION
BILL STARKEY
DATE: OCTOBER 31, 1990
GARY WASHBURN
PREPARED BY: DELORES MC DANIELS
JIM WINKLER
APPROVED:
General Manager: GENERAL MANAGER
RON MOLENDYK
General Counsel : Ridership 7,842
JOHN HARPER Operating Days 27
Clerk: Ridership/Day of Operation 290
VICKI KASAD Non-Operational Hours 0
Treasurer: Total Fare Revenue 2,523
TERESA CHERVENY Operating Expense 17,065
Controller: Expense/Passenger 2.18
C. RAY WOOD
Coordinator:
DELORES MC DANIELS
AGENDA ITEM NO.
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AGENDA
SPECIAL MEETING
LAKE ELSINORE PUBLIC FINANCING AUTHORITY
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NOVEMBER 27, 1990
1. CALL TO ORDER
2 . ROLL CALL
3 . CONSENT CALENDAR RECOMMENDATION
A. Minutes - November 13, 1990 - Regular Approve
Public Financing Authority Meeting. Minutes.
B. Marks-Roos Bonds, Series B. Resolution Adopt Res.
No. PFA 90-5. No. 90-5.
4 . ADJOURNMENT
MINUTES
REGULAR MEETING
LAKE ELSINORE PUBLIC FINANCING AUTHORITY
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, NOVEMBER 13, 1990
1. CALL TO ORDER
The Regular Meeting of the Lake Elsinore Public Financing
Authority was called to order by Chairman Starkey at 7:56 p.m.
2. ROLL CALL
PRESENT: BOARDMEMBERS: BUCK, DOMINGUEZ, WASHBURN,
WINKLER, STARKEY
ABSENT: BOARDMEMBERS: NONE
Also present were: Executive Director Molendyk, Assistant
Executive Director Rogers, Legal Counsel Harper,
Administrative Services Director Wood, Community Development
Director Gunderman, Community Services Director Watenpaugh,
Public Services Director Kirchner and Clerk of the Board
Kasad.
3. CONSENT CALENDAR
MOVED BY BUCK, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE
TO APPROVE THE CONSENT CALENDAR AS PRESENTED.
A. The Minutes of the September 25, 1990, Regular Public
Financing Authority Meeting were approved.
B. Adopted Resolution No. PFA 90-4 relating to Marks-Roos
Bond Issue.
RESOLUTION NO. PFA 90-4
A RESOLUTION OF THE LAKE ELSINORE PUBLIC FINANCING
AUTHORITY AUTHORIZING THE ISSUANCE OF 1990 LOCAL AGENCY
REVENUE BONDS, SERIES B, IN THE AGGREGATE PRINCIPAL OF NOT
TO EXCEED $35, 000, 000, APPROVING INDENTURE OF TRUST AND
OFFICIAL STATEMENT, AUTHORIZING SALE OF SUCH BONDS,
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE PURCHASE
OF LOCAL OBLIGATIONS OF THE REDEVELOPMENT AGENCY AND THE
AGENCY PLEDGE AGREEMENT AND PROVIDING OTHER MATTERS
PROPERLY RELATING THERETO.
4. NEW BUSINESS
None.
5. ADJOURNMENT
MOVED BY WASHBURN, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO ADJOURN THE REGULAR PUBLIC FINANCING AUTHORITY MEETING AT 7:57
P.M.
WILLIAM A. STARKEY, CHAIRMAN
PUBLIC FINANCING AUTHORITY
CITY OF LAKE ELSINORE
ATTEST:
VICKI KASAD
CLERK OF THE BOARD
PUBLIC FINANCING AUTHORITYAGENDA
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REPORT TO CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCING AUTHORITY
DATE: NOVEMBER 27, 1990
SUBJECT: MARKS-ROOS BONDS, SERIES B
PREPARED BY: ` , '� ,�`(�)rI(,— APPROVED BY:
C. Ray Wood, Administrative Ron Moleirdyk,
Services Director City Man ger
BACKGROUND:
The CFD 90-2 (Tuscany Hills) Bonds to be issued are to be acquired by the
Public Financing Authority. In order to create the pool from which the
acquisition will occur the PFA must issue its own Bonds. This will be our
second issue of Mark-Roos Bonds, Series B, total issue $31 ,000,000.
FISCAL IMPACT•
There is no fiscal impact on the City, Agency or Authority since all costs of
the issue are supported by the CFD Bonds which are to acquired.
RECOMMENDATION:
It is recommended that the following actions be taken:
1. City Council adopt Resolution Determining Benefit to Redevelopment
Project Area II ; Resolution No. 90- 11( .
2. Redevelopment Agency Board adopt Resolution Approving the Sale and
Agreements Relating to the Bonds; Resolution No. 90- g -
3. Public Financing Authority Board adopt Resolution Authorizing the
Issuance of the Bonds; Resolution No. 90-
AGENDA ITEIM NO, 3.
PAGE_J_®F�
22051-02 JHHW.ACH:tk l0/is+vo
IM6190
RESOLUTION NO.90-,S
RESOLUTION OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY
AUTHORIZING THE ISSUANCE OF 1990 LOCAL AGENCY REVENUE BONDS,
SERIES B,IN THE AGGREGATE PRINCIPAL OF NOT TO EXCEED$35,000,000,
APPROVING INDENTURE OF TRUST AND OFFICIAL STATEMENT,
AUTHORIZING SALE OF SUCH BONDS,AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR THE PURCHASE OF LOCAL OBLIGATIONS OF THE
REDEVELOPMENT AGENCY AND THE AGENCY PLEDGE AGRE2EN=AND
PROVIDING OTHER MATTERS PROPERLY RELATING T RETO
1990 FOCAL OBLIGATION BONDS,SERIES B
WHEREAS, the City of Lake Elsinore (the "City") and the Lake Elsinore
Redevelopment Agency (the "Agency") have heretofore entered into a Joint Exercise of
Powers Agreement establishing the Lake Elsinore Public Financing Authority (the
"Authority") for the purpose of issuing its bonds to be used to provide financing for capital
improvements of the City and the Agency, and any other member entities which may be
approved by the City and the Agency as members of the Authority;
WHEREAS, the Authority has for such purpose heretofore authorized the
issuance of bonds pursuant to an Indenture of Trust (the "Master Indenture"), dated as
of February 1, 1990, by and between the Authority and The Bank of New York Trust
Company of California (the "Trustee") in the maximum principal amount of not to
exceed $500,000,000 (the "Bonds"), the Bonds to be issued in series from time to time
pursuant to supplemental indentures entered into by and between the Authority and
Trustee;
WHEREAS, the Authority now proposes to enter into such a supplemental
indenture (the "Second Supplemental Indenture"), dated as of November 1, 1990, to
provide for the issuance of not to exceed $35,000,000 principal amount of 1990 Local
Obligation Revenue Bonds, Series B (the "Series B Bonds");
WHEREAS, the Bonds, including the Series B Bonds, are to be issued pursuant to
the Marks-Roos Local Bond Pooling Act of 1985, (the "Act") constituting Article 4
(commencing with Section 6584) of Chapter 6 of Division 7 of Title 1 of the Government
Code of the State of California;
WHEREAS, First California Capital Markets Group, Inc., as underwriter of the
Series B Bonds (the "Underwriter") has submitted a form of an offer to purchase the
Series B Bonds (the Purchase Agreement) and has caused to be prepared an Official
AGENDA ITEM N0.! 3
PAGE_.�F_ 5
{ Statement describing the Series B Bonds (the preliminary form of which is on file with
the Secretary);
WHEREAS, the Authority intends to use proceeds of the Series B Bonds to
purchase local obligations of the Agency pursuant to a Commitment Agreement and
Purchase Contract (the "Commitment Agreement and Purchase Contract") to be entered
into between the Authority and the Agency, the Commitment Agreement and Purchase
Contract being entered into by the Authority pursuant to the Master Indenture and the
Authority's Program Rules and Regulations, adopted pursuant to Resolution No. 89-4,
and being in form on file with the Secretary of the Authority;
WHEREAS, the proceeds of the Agency's local obligations will be used to finance
public capital improvements within the Agency's Rancho Laguna Redevelopment
Project Area No. II and, in consideration of the Authority's purchase of such local
obligations, the Agency is willing to agree to pay certain costs of issuance of the Series.B
Bonds, as provided in the Commitment Agreement and Purchase Contract;
WHEREAS, such public capital improvements have been determined by the
Agency and the City to be of benefit to the Project Area and to assist the Authority in
selling the Series B Bonds, the Agency has agreed to pledge certain tax increment
revenues to the repayment of the local obligations issued to finance such public capital
improvements, all as provided in the Agency Pledge Agreement in form on file with the
Secretary of the Authority ; and
WHEREAS, the Board of Directors of the Authority, with the aid of its staff, has
reviewed the forms of the Second Supplemental Indenture, the Commitment Agreement
and Purchase Contract, the Agency Pledge Agreement and the Official Statement and
approves all of said agreements and transactions in the public interests for which the
Authority has been established;
NOW,THEREFORE,BE PT RESOLVED by the Board of Directors of the Lake
Elsinore Public Financing Authority as follows:
Section I. Findings and Determinations. Pursuant to the Act,the Board hereby
finds and determines that the issuance of the Series B Bonds will result in savings in
effective interest rates, bond underwriting and bond issuance costs and thereby results in
significant public benefits to the Agency, within the contemplation of Section 6586 of the
Act.
Section 2. Issuance of Series B Bonds; Approval of Second Supplemental
Indenture. The Board hereby authorizes the issuance of the Series B Bonds under the
authority of the Act and the Master Indenture, in the aggregate principal amount of not
to exceed $35,000,000, pursuant to the Second Supplemental Indenture in substantially
the form on file with the Secretary, together with any changes therein or additions
thereto deemed advisable by the Chairman, whose execution thereof shall be conclusive
evidence of his consent to such changes or additions. The Chairman is hereby
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r
authorized and directed to execute and deliver, and the Secretary is hereby authorized
and directed to attest, the Second Supplemental Indenture for and in the name of the
Authority.
Section 3. Sale of Series B Bonds. The Board hereby approves the sale of the Series
B Bonds to the Underwriter, pursuant to the Purchase Agreement by and between the
Authority and the Underwriter, in substantially the form on file with the Secretary,
together with any changes therein or additions thereto approved by the Chairman, who
shall execute and deliver the Purchase Agreement in the name and on behalf of the
Authority and whose execution thereof shall be conclusive evidence of approval of any
such additions and changes; provided that the purchase price received by the Authority
for the Series B Bonds shall be not less than ninety-seven percent (977c)of the par amount
thereof, exclusive of original issue discount, and the average annual stated interest rate
to be borne by the Series B Bonds shall not exceed nine percent (9.00%) per annum.
Section 4. Official Statement. The Authority approves distribution of the
preliminary Official Statement by the Underwriter to persons who may be interested in
purchasing the Bonds, and, upon request of the Underwriter, the Chairman of the
Authority is authorized and directed, on behalf of the Authority, to deem the preliminary
Official Statement "final" pursuant to Rule 15c2-12 under the Securities Exchange Act of
1934 (the "Rule"). The form of the final Official Statement shall include such information
permitted to be excluded from the preliminary Official Statement pursuant to the Rule.
The Board hereby approves and authorizes the distribution of the final Official Statement
by the Underwriter. The Chairman is hereby authorized and directed to approve any
changes in or additions to a final form of said Official Statement approved by the
Chairman, whose execution thereof shall be conclusive evidence of approval of any such
changes and additions. The final Official Statement shall be executed in the name and
on behalf of the Authority by the Chairman, who is hereby authorized and directed to
execute the final Official Statement on behalf of the Authority.
Section 5. Purchase of Local Obligations of the Agency. The Board hereby
approves the purchase of local obligations of the Agency pursuant to the Commitment
Agreement and Purchase Contract in substantially the form on file with the Secretary,
together with any changes therein or additions thereto approved by the Chairman, who
shall execute and deliver the Commitment Agreement and Purchase Contract in the
name and on behalf of the Authority and whose execution thereof shall be conclusive
evidence of approval of any such additions and changes.
Section 6. Approval of Agency PIedge Agreement. The Authority hereby approves
the execution of the Agency Pledge Agreement and the Chairman of the Authority is
hereby authorized and directed, for and on behalf of the Authority to execute and deliver
the Agency Pledge Agreement. Approval of any additions to or changes in the form of the
Agency Pledge Agreement on file with the Secretary of the Authority, as deemed
appropriate by the Chairman of the Authority, shall be conclusively evidenced by
execution and delivery of the Agency Pledge Agreement.
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AGENDA ITEM NO.—
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` Section 7. Official Action. The Chairman, the Vice-Chairman, the Treasurer,the
Secretary, and any and all other officers of the Authority are hereby authorized and
directed, for and in the name and on behalf of the Authority, to do any and all things and
take any and all actions, including execution and delivery of any and all assignments,
certificates, requisitions, including, without limitation, requisitions for the payment of
costs of issuance of the Series B Bonds, agreements, including, without limitation,
agreements for the investment of the proceeds and revenues of the Series B Bonds,
notices, consents, instruments of conveyance, warrants and other documents, which
they, or any of them, may deem necessary or advisable in order to consummate the
lawful issuance, sale and delivery of the Series B Bonds to the Underwriter as described
herein.
Section& Effective Date. This Resolution shall take effect from and after its
passage and adoption.
PASSED AND ADOPTED this 13th day of November, 1990.
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairman of the Lake Elsinore Public
Financing Authority
[S E A L]
Attest:
Secretary of the Lake Elsinore Public
Financing Authority
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AGENDA ITEM NO.
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