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HomeMy WebLinkAbout09_25_07 CC Reports CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E BOB MAGEE MAYOR WWW LAKE ELSINORE ORG DARYL HICKMAN MAYOR PRO TEM (951)674 3124 PHONE THOMAS BUCKLEY COUNCILMEMBER (951)674 2392 FAX GENIE KELLEY COUNCILMEMBER LAKE ELSINORE CULTURAL CENTER ROBERT SCHIFFNER COUNCILMEMBER 183 NORTH MAIN STREET ROBERT A. BRADY CITY MANAGER LAKE ELSINORE CA92530 TUESDAY SEPTEMBER 25, 2007 CLOSED SESSION AT 5 00 P M PUBLIC SESSION AT 7 00 P M The City of Lake Elsinore appreciates your attendance Citizens Interest provides the Council and Agency with valuable information regarding issues of the community Meetings are held on the 2nd and 4« Tuesday of every month In addition meetings are televised live on the City s Cable Station on Channel 29 If you are attending this City Council Meeting please park in the parking lot across the street from the Cultural Center This will assist us in limiting the impact of meetings on the Downtown Business District Thank you for your cooperation The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting The agenda and related reports are also available at the City Clerks Office on the Friday prior to the Council meeting and are available on the City s web site at www lake elsinore org In compliance with the Americans with Disabilities Act any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk s Office at (951) 674 3124 ext 262 at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility I CALL TO ORDER 5 00 P M ROLL CALL I CLOSED SESSION (1) A closed session will be held pursuant to Government Code Section 54956 9(b) because there is significant exposure to litigation to the City in one case A closed session will be held pursuant to Government Code Section 54956 8 to enable the City Council to consider negotiations with Shopoff Group and to give direction to its negotiator regarding certain real property pertaining to APN No s 374 271-003 374 271 004 371 271-007 374-271 013 and 374 271 015 RECONVENE IN PUBLIC SESSION 7 00 P M PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONSICEREMONIALS (2) A representative from the Chamber of Commerce will be providing an update on Chamber activities CLOSED SESSION REPORT PUBLIC COMMENTS — NON AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Speaker's Form at the podium prior to the start of the City Council Meeting ) PUBLIC COMMENTS —AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the podium pnor to the start of the City Council Meeting The Mayor will call on you to speak when your item is called } CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion unless a Councilmember or any member of the public requests separate action on a specific item ) (3) Contract Agreement with Matthew Fagan Consulting Services to Prepare CEQA Compliance Documents for the Protect Known as Lake Elsinore Toyota Staff recommends that the City Council authorize the City Manager to enter into a contract with Matthew Fagan Consulting Services to prepare an Air Quality analysis and the CEQA compliance document for the Lake Elsinore Toyota project in an amount not to exceed $19 030 (4) Request For Waiver to Serve Alcohol at the Oktoberfest Recommendation It is staffs recommendation that the Mayor and City Council consider the request from the Rotary Club for waiver of Lake Elsinore Municipal i Code Sections 8 40 040(A) and 9 28 030 and allow alcohol to be served during the Oktoberfest event (5) Status of General Plan Update and Environmental Impact Report Recommendation Receive and file (6) Resolution of Intention to Annex Certain Territory Known as Assessor Parcel No 377 160 008 into the Lake Elsinore Landscape and Street Lighting District No 1 as LLMD Annexation No 20 California Business Condominiums Recommendations 1) Approve the Engineer's Report for Annexation No 20 (California Business Condominiums) to LLMD No 1 2) Adopt Resolution No 2007 a resolution of Intention to Annex into LLMD No 1 and 3) Schedule a public hearing on the Distnct Formation for October 23 2007 (7) Resolution of Intention to Annex Property into Community Facilities District No 2006 5 (Parks, Open Space and Storm Drain Maintenance) and to Authorize the Levy of a Special Tax within Annexation Area No 2 (California Business Condos) Recommendations 1) Adopt Resolution No 2007 a resolution of intention to annex property from Annexation Area No 2 (California Business Condos) into the CFD 2006 5 and 2) Schedule a public hearing on Annexation Area No 2 (California Business Condos)for November 13 2007 (8) Approval of Final Map No 33182 Recommendations 1) Approve Final Map No 33182 subject to the City Engineers acceptance as being true and correct and 2) Authorize the City Clerk to accept all dedications sign the map and arrange for the recordation of Final Map No 33182 (9) Franklin Street Rehabilitation and Storm Drain Improvements Contract Award Recommendations 1) Award the Franklin Street Rehabilitation and Storm Drain Improvements to E B S Construction for the amount of $619 925 2) Authonze the Mayor to execute the contract for E B S Construction Inc and 3) Authorize the transfer of the remaining $250 000 to Account No 105— General Fund (10) Warrant List Dated September 14 2007 Recommendation Authorize payment of Warrant List dated September 14 2007 (11) Minutes of the Following Meeting(s) a Joint City Council/Planning Commission Study Session of February 1 2007 b Joint City Council/Redevelopment Agency Study Session of February 27 2007 c Regular Meeting of February 27 2007 d Joint City Council/Redevelopment Agency Study Session of March 27 2007 e Regular Meeting of March 27 2007 f Joint City Council/Redevelopment Agency Study Session of September 11 2007 g Regular Meeting of September 11 2007 Recommendation Approve PUBLIC HEARING (12) Annexation No 81 Third Street Commence Proceedings Recommendation The Planning Commission recommends the City Council adopt Resolution No commencing proceedings to annex approximately 320 acres known as the Third Street Annexation Area (13) Extension of Time For Tentative Tract Map No 31957 Recommendation Adopt Resolution No 2007 approving the request for an Extension of Time for Tentative Tract Map No 31957 for twenty four (24) months or until September 13 2009 based on the Findings Exhibits and Conditions of Approval (14) Revision of Chapter 14 08 Stormwater/Urban Runoff Management and Discharge Controls Recommendation Continue to the October 9 2007 City Council meeting BUSINESS ITEMS (15) Amendment to Lake Elsinore Municipal Code Section 2 24 060, Subparagraphs l and J Regarding the Duties and Responsibilities of the Public Safety Advisory Commission Recommendation Waive further reading and introduce Ordinance No amending Code Section 2 46 060 subparagraphs I and J regarding the duties and responsibilities of the Public Safety Commission I PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday October 9 2007 at 5 00 p m to be held in the Cultural Center located at 183 N Main Street Lake Elsinore CA 92530 AFFIDAVIT OF POSTING I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting LM� J79 >c a-7 VIVIAN M MUNSON 7 DATE CITY CLERK i i t CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT CLOSED SESSION ITEMS DISCUSSION (1) A closed session will be held pursuant to Government Code Section 54956 8 to enable the City Council to consider negotiations with Shopoff Group and to give direction to its negotiator regarding certain real property pertaining to APN No s 374 271 003 374 271 004 371 271 007 374 271 013 and 374 271 015 (2) A closed session will be held pursuant to Government Code Section 54956 9(b) because there is significant exposure to litigation to the City in one case RECOMMENDATION Recess prior to adjournment of tonight s meeting in order to conduct an executive (closed) session Page 1 of 1 i CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT CHAMBER OF COMMERCE UPDATE DISCUSSION A representative from the Lake Elsinore Chamber of Commerce will be providing an update on Chamber activities RECOMMENDATION Receive and file i i Page 1 of 1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT CONTRACT AGREEMENT WITH MATTHEW FAGAN CONSULTING SERVICES TO PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE PROJECT KNOWN AS "LAKE ELSINORE TOYOTA' BACKGROUND The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City The Community Development Department is responsible for the preparation of the necessary information and depending on the scope and size of the project will either prepare the environmental documents in house or have a consultant prepare the documents and studies The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process DISCUSSION The Toyota project consists of a development footprint similar to the previously approved Lake Elsinore Ford which later became Lake Elsinore Jeep/Dodge/Chrysler However Toyota desires to increase development of the site including the import of 107 000 cubic yards of fill from an off site source Because of the additional truck traffic generated during construction the additional impacts to air quality and the need for regulatory permits additional CEQA analysis is required All previous MSHCP clearances continue to apply to this project Due to the technical nature of this proposal staff with the concurrence of the Applicant has requested that Matthew Fagan Consulting Services prepare an Air Quality analysis and the appropriate CEQA documents for this project The proposed cost of preparing the environmental review is not to exceed $19 030 FISCAL IMPACT The cost of preparing the environmental review will be paid by fees collected from the applicant through the City s cost recovery program All staff administrative time and consultant costs are paid from the applicants fees There is no cost to the City Page 1 of 8 REPORT TO CITY COUNCIL TOYOTA/FAGAN CEQA CONTRACT SEPTEMBER 25, 2007 PAGE 2 OF 3 RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter into a contract with Matthew Fagan Consulting Services to prepare an Air Quality analysis and the CEQA compliance documents for the Lake Elsinore Toyota project in an amount not to exceed $19 030 PREPARED BY TOM WEINER, PLANNING MANAGER APPROVED BY ROBERT A BRADY i CITY MANAGER Attachments 1 Vicinity Map 2 Matthew Fagan Consulting Services proposal dated August 29 2007 i Page 2of8 Attachment 1 VICINITY MAP TOYOTA STONEY CREEK -FRANKLIN ST �R A CgNyON FS - A�� w v < i I ? t 9G Q �Z ti > - \ OO _ , ¢ MILL ST— �w �\ ��O / PROJECT SITE r � �W Z W —Z W W - — L � � QI Q � Ij � Z oo, \ �Q L iLU --�, CAINES LAKESHORE DRLU �OQ' '' c/ / O O cc tic 2 Z 2 S W - O \ TAy! OR ST L� o Page 3 of 8 i Attachment 2 Matthew Fagan Consulting Services 42011 Avenida Vista Ladera Temecula, CA 92591 Phone 951 699 2338 Fax 951 694 4474 matthewfagan(a)roadrunner com August 29 2007 Ms Wendy Worthey Principal Environmental Planner City of Lake Elsinore 130 S Main Street Lake Elsinore CA 92530 SUBJECT Proposal for Environmental Review for Lake Elsinore Toyota Dear Ms Worthey Per your inquiry the City of Lake Elsinore has requested that I provide a proposal to assist the City in conducting an environmental review for Lake Elsinore Toyota (Proposed Project) located on Auto Center Drive between Railroad Canyon Road and Avenue 12 in the C 2 (General Commercial)Zoning Distnct The site is located immediately adjacent to/north of the San Jacinto River Channel We will be utilizing the pnor adopted Mitigated Negative Declaration (MND) and anticipate that the Proposed Project will result in the adoption of a Subsequent Mitigated Negative Declaration You requested that Matthew Fagan Consulting Services (MFCS) provide the City with support in preparing environmental documentation that will determine whether the impacts of the Proposed Project will support the adoption of a Subsequent Mitigated Negative Declaration This proposal outlines the work effort that 1 believe will be necessary to provide sufficient environmental consulting support to achieve the goal of complying with the California Environmental Quality Act(CEQA)for this project It should be noted that prior to this request MFCS was requested by the City with concurrence from the applicant to commence work on an Addendum to the previously adopted MND and was directed to halt that work effort while the project was being refined While some of the work performed during that time can be utilized for the Proposed Project the prior work effort is also included within the scope of this proposal I propose to implement the following tasks to determine the type of environmental determination required for the Project Task 1 Prepare a Project Description MFCS will compile all relevant data regarding the proposed Project I anticipate that this effort will require about fifteen(15)hours including one interview with the City the client engineer and architect to define a comprehensive construction scenano The fee for this task will be $2 100 00 Task 2 Prepare an Initial Study in conformance with the State CEQA Guidelines MFCS will prepare the Initial Study in the City s format and in conformance with State CEQA Guidelines that will allow the City to make an independent decision regarding appropriate environmental document 1 Page 4 of 8 for the Project Utilizing the project description MFCS will prepare a detailed initial Study that will forecast the potential impacts of the Project including site specific environmental resource issues and determine the appropriate CEQA documentation that will need to be developed This Task includes preparing the Initial Draft and addressing the City s comments on this Draft for preparation of circulation of the document I anticipate that this effort will require seventy five (75) hours The fee for preparing the Initial Study is $10 500 00 If an EIR should be required an additional scope and contract will be necessary It is my opinion that the following studies may be required to complete the Initial Study MFCS is capable of prepanng the Air Quality Analysis The cost for this analysis is$1 680 00 The following additional studies will be required to be provided by the project applicant In addition I will need the all applicable plans (i a grading plan landscape plan etc ) for the completion of this task 1 HANS Approval/JPR Letter 2 Hydrology 3 Traffic/Circulation and 4 Water Quality Management Plan (WQMP) Task 3 Assist the City to process the recommended CEQA determination for the Project Working with the City and the client MFCS will support public circulation of the Initial Study for the proposed project prepare the mitigation monitoring and reporting program respond to comments attend up to two (2) hearings for the proposed project before the City and prepare the Notice of Completion (NOC) Notice of Intent (NOI) and Notice of Determination (NOD) Total budget for completing the Initial Study including all costs above which can be revised in recognition of already completed reports is his task is inherently open ended and unlike the previous tasks which I can perform on a fixed fee basis this task must be performed on a time and materials basis with a not to exceed fee of$4 000 00 If this fee needs to be adjusted because of additional time demands(such as several hearings time delays or change of project scope) such an increase would be mutually agreed upon before expending the time The end result of implementing the above proposal will be the completion of the CEQA process for the proposed project All work will be performed in a timely manner to meet identified client and City schedules The total estimated fee to complete the tasks outlined in this proposal are as follows Tasks 1 & 2 $14 280 00 Task 3 (not to exceed) $4 000 00 Reimbursable Expenses (see Attachment A) 750 00 TOTAL $19 030 00 2 Page 5 of 8 f If this proposal is acceptable to you I am ready to initiate MFCS s work effort immediately upon authorization This work effort will be scheduled closely with the City s goals for implementing the proposed review of the Project Should you have any questions regarding this proposal please feel fee to give me a call Sincerely Matthew Fagan Attachment A 3 i Page 6of8 ATTACHMENT A • Consultant shall not have any liability for the accuracy of any information furnished to the Client by other consultants or individuals referred to the Client by the Consultant • Reimbursable Expenses Client will be responsible for the cost of any reproduction and postage All other direct costs (travel supplies printing etc ) are charged at actual cost Mileage will be billed at the current IRS rate • Additional meetings beyond those described above will be billed on a time and matenal basis • The retainer to the extent not used up at the end of the contract period shall be returned to the Client within ten (10)working days of request by the Client • The Agreement for Consulting Services shall terminate when the Client determines that the tasks therein are complete • Either party may terminate the Agreement for Consulting Services upon fifteen (15) calendar days written notice to the other party I I 4 Page 7 of 8 I 1 • Authorization Clause By Signing below the City of Lake Elsinore and Matthew Fagan Consulting Services agree to the Scope of Work Cost Estimate and Terms and Conditions attached hereto Consultants Firm Name By Name Title Address City State I City of Lake Elsinore By Name Robert A Brady _ Title City Manager _ Address 130 South Main Street City State Lake Elsinore, CA 92530 Attest Vivian M Munson City Clerk City of Lake Elsinore Approved As To Form Barbara Zeid Leibold City Attorney City of Lake Elsinore Page 8 of 8 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT REQUEST FOR WAIVER TO SERVE ALCOHOL AT THE OKTOBERFEST BACKGROUND The Lake Elsinore Rotary Club has submitted an application to hold its first annual Oktoberfest event at McVicker Park on Saturday October 6 2007 This event is taking the place of the Club s annual Art & Wine Festival which has served as a fundraiser for the Club DISCUSSION The Oktoberfest event will be held from 11 00 a m to 5 00 p m at McVicker Park and will feature artisans and crafters genuine German food live entertainment a children s Arts& Crafts area a soda garden and a beer and wine garden There will be a $3 admission charge to enter the event area Through its ticket sales this fundraiser will hopefully help support the Club s many worthwhile community and international outreach programs Through the planning process the Club has been in contact with City Sheriffs and Fire Departments to ensure they have obtained and submitted all required documents The event has been approved by the Sheriff s Department based on discussions with the event promoters The Lake Elsinore Rotary Club is requesting waiver of Lake Elsinore Municipal Code Sections 8 40 040(A) alcohol is prohibited in City parks and beaches and 9 28 030 it is unlawful to furnish alcoholic beverages in public Based on the City Code both these sections allow City Council to make exceptions for serving alcohol in City parks FISCAL IMPACT None Page 1 of 10 REPORT TO CITY COUNCIL SEPTEMBER 25, 2007 PAGE 2 RECOMMENDATION It is staff s recommendation that the Mayor and City Council consider the request from the Rotary Club for waiver of Lake Elsinore Municipal Code sections 8 40 040(A) and 9 28 030 and allow alcohol to be served during the Oktoberfest event PREPARED BY CLAUDIA DAVIS PARKS AND RECREATION ANALYST APPROVED BY RAY GONZALES W DIRECTOR OF PARKS & RECREATION APPROVED FOR AGENDA BY ROBERT A BRADY CITY MANAGER Attachments Page 2 of 10 2007 CITY OF LAKE ELSINORE JAN 3 0 APPLICATION FOR SPECIAL EVENTS PERMIT fic... 4 Description of event `f W Location of event Date of Applica starting C1—ors-in g Time Event Time Evdht Date Date To Open To Close P&-�' r / A ls a_ Name of Sponsor (print pleas -) Name of Special Event D re or (or local contact) Address (City/State/Zip) C� �53a Address' (c ty/State/Z p) C4 co-S-3p Is-( — 1�-Ig--S'93a M 5, 7 6 Telephone Telep one fod t,o6 o 150 Number of persons Ant c pated daily Est mated park ng employed to conduct attendance spaces needed event (peak time) All of the following documents must be on file prior to start of event 1 Application for Business Tax to be completed by business owner Includes, but is not limited to, all commercial and itinerant vendors, carnivals, displays, sellers, anyone who offers a service, and/or contractors performing work j 2 A list of all employees who will be working the event, to include name, current address, date of birth, driver's license, and a current photo of each 3 A written explanation of the applicant's plans to provide a Security b Fire Protection c Water supplies and facilities d Food supplies and facilities e Sanitation facilities f Vehicle access g Parking spaces h Traffic control i Clean-up plans for the premises 4 List the number and type of food concessions # Page 3 of 10 I Special Event Permit Application (continued) 5 A diagram of the layout of premises involved showing location of a staging Area b Parking c Rides d Games and concessions e Fire extinguishers f Trash disposal and sanitation facilities g Tents h Fuel storage i Emergency vehicle access 3 Food supplies/facilities (If requesting a street permit, show route, proposed traffic control locations, site of staging area, parking, sanitation facilities, etc 6 Insurance certificate shall be submitted to provide proof of personal injury and property damage insurance in the amount of $1 million with the City of Lake Elsinore, its officers, agents, and employees, named as Additional Insured Insurance company must have an A+ rating in the Best's Key Rating Guide Company Amount Exp rat on Date City Named? 7 Letter of permission from property owner, if applicable 8 Sign Release and Indemnification Agreement 9 sign American with Disabilities Act Discrimination Agreement SPECIAL EP NT I CONCERNS Police Department - All games, security requirements, and ABC (alcohol) permits must be approved by the Chief of Police or his representative Estimated man hours recommended for traffic control and/or policing will be handled by the Police Department representative as required Fire Department - Tents, booths, fire protection devices, fuel storage, cooking apparatus, public assembly areas, and emergency vehicle access Public Works - a Traffic Control b Clean-up c Trash bins/containers d Physical facility maintained/repaired I Page 4 of 10 i FEES FOR SPECIAL EVENT$ PERMIT Applioa ,; on/Filincz Fees $ Multi-day event $� $ Single-day event $ outdoor Facility Use, Fees $ Major Event x days $� Deposit or_-Bond* Type of activity will determine: the amount of deposit or bond $_� * Any fees that .arise from event will be taken out of bond or deposit Business license, building permits, fire permits, water permits, and any fees for booth, carnival and tents will be paid separately AMOUNT RECEIVED $ TOTAL AMOUNT DUE Application/Filing Fee Amount Date Outdoor Facility Use Fee Amount Date Deposit/Bond (amount covers Police/Public Works) Amount Date Estimated Cost Police Fee Public Works Business License * Amount Date Building Permits * Amount Date Fire Department Permits Amount Date Water Permits Amount Date * These fees will be paid separately and will vary depending upon the number of businesses, tents, booths, and rides at the event I DECLARE UNDER PENALTY OF PERJURY THAT THE INFORMATION IN THIS APPLICATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF, IS TRUE AND CORRECT DATE _ �--' C(-D APPLICJ T BY RR Signature of esident, Partner, or Owner BY Signature of Secretary, Partner, or Owner F-roc-edure Applications must be filed at least 60-days before the event at the Community Services Department, City Hall, 130 S Main Street, Lake Elsinore Departments will review and City Manager provide a response within 30-days You may appeal City Manager's decision to City Council within 5-days after decision rendered Please file application as early as Possible to ensure adequate time for revision and resolving any problems that may arise with the event Page 5 of 10 Date Special Event EventName _ - Packet Mailed EventDate ContactPerson Address Telephone CIJX OF LAKE ELS N C CHECK Fill out event application File event application and pay filing fee 4 Facility rental fee _ Pay cash bond for estimate cost of police, f ire, and Community services Division $ refundable if no costs arise from event Develop scale map of event with fire lanes obtain $1 million insurance policy naming the City of Lake Elsinore and its officers as additional insured Obtain an application to serve food from the Riverside County Environmental Health Department On the day of the event, games, tents, and booths will be inspected by the City's Fire, Police, and Building Departments Fire inspection permit Cost will vary depending on number of rides, i booths, and tents obtain proper permits from Department of Alcoholic Beverage Control when selling alcohol (909/782-4400) Parking Plan Alcohol involvement Group responsible for additional charges arising from the event Must provide own security A detailed event cost will be determined after meeting with event 'i promoter Provide Articles of Incorporation and copies of State and Federal documents identifying group as "non-profit" when applicable f i Sign ADA form I Sign Release and Indemnification Agreement Provide a letter (if applicable) from landowner allowing event g items required to be completed by event promoter Page 6of10 SPECIAL RvENT RELEABE AND INDEMNIFICATION AGREEMENT As sponsor of the event described herein, it is understood that if a permit is approved, we, agree to indemnify the City of Me sis note WIN employees, servants and agents, and hold them harmless from any liability, penalty, expense or loss arising out of any injury to any person or damage to any property resulting from the provision or failure to provide services for this special event permit, or the a1pproval thereof, including without restriction any such liability, penalty, or loss resulting from the active or passive negligence of the City, its employees, servants or agents The undersigned agrees to pay for additional City costs not covered by the deposit or bond Signature of Event Chair U Datd Signature of President/Director Date i I AMERICANS WITH DISABILITIES ACT (ADA) E As sponsor of the event d r bed herein, it s unde ad that if permit is approved, we, ee to follow federal regulations prohibiting d scr m n on on the basis of r color, national origin, age, or disability z: Signature of Eve' nY C a r Date Signature of President/D rector Date E I i i Page 7 of 10 8 40 020 HEALTH AND SAFETY 8 40 050 City Manager upon recommendation of the tent tarpaulin or other type of temporary law enforcement agencies for the City structure at or upon any City park or beach (Ord 926 § 2 1991 Ord 560 § 1 1976) except on such property designated by the City for the purpose of camping or (2) use City park or beach for the purpose of 8 40 020 Entering while closed camping except on such property prohibited Exception It is unlawful for designated by the City for the purpose of any person or persons to go upon any of the camping As used herein the term parks of the City during such times as said camping means the use of City parks or City parks are closed providing however beaches for the purpose of living that this shall not apply to the law accommodations or habitation such as enforcement officers of the City (Ord 560 § sleeping activities or making preparation 2 1976) to sleep including the laying down of bedding for purposes of sleeping or using or storing personal belongings such as a` 840030 Violation Penalty Any cooking equipment sleeping bags cots person violating any of the provisions or beds hammocks clothing or other personal failing to comply with any of the mandatory items requirements of this chapter shall be guilty H Littering is strictly prohibited of a misdemeanor and any person convicted I Swimming boat and jet ski under this chapter shall be punishable as launching is prohibited from City beaches provided for in Section 1 16 010 (Ord 560 § J Fishing is allowed in designated I 3 1976) fishing areas only (Ord 1057 § 1 2000 Ord 926 § 3 1991) i S 40 040 Rules and regulations A Alcohol is prohibited in City parks 8 40 050 Lake Elsinore Annual Pass and beaches without City Council approval Program This hereby established an B VehicIes are prohibited from City annual pass program to be included in the parks without City Council authorization operation of the City s Lake Elsinore except for City maintenance vehicles Regional Recreation Area contract maintenance vehicles and public A General Public Members of the safety vehicles general public may purchase an annual C Dogs are permitted in City parks lake use pass which allows unlimited use when on a leash Owners are responsible of Lake Elsinore without having to for cleaning up and removing all dropping purchase a daily pass each time a vessel is i left by their animals launched into the lake The cost of the pass D Golf is prohibited in City parks shall be established annually and shall be unless it is a part of a City sponsored valid for one calendar year January 1st recreation program through December 31st of the year E Open fires are prohibited unless in purchased The pass (sticker) shall be fire rings provided by the City affixed to the vessel within four inches of F Firearms of any kind and archery the vessel s C F numbers (port side) are prohibited in public parks and beaches The holder of the pass shall be required to G No person shall (1) maintain erect pay the necessary launch fees to the private or permit the erection of any but shanty 825 Rev 0r?@gpp8191a 0 9 28 010 PUBLIC PEACE MORALS AND WELFARE 9 28 040 I OFFENSES BY OR AGAINST PUBLIC sume or attempt to drink or consume any OFFICERS AND GOVERNMENT alcoholic beverages while such person or persons are in or upon any public park street alley highway or other public place (RESERVED) except in or upon those public places where the drinking or consuming of alcoholic II OFFENSES AGAINST THE PERSON beverages is expressly permitted by law (Ord 378 § 1 1958) (RESERVED) 9 28 030 Furnishing alcoholic beverages in public It is unlawful for any person or III OFFENSES AGAINST persons while in or upon any public park PUBLIC DECENCY alley street highway or other public place within the corporate limits of the City except 3 in or upon those public places where the Chapter 9 28 drinking or consuming of alcoholic beverages PUBLIC CONSUMPTION OF is expressly permitted by law to offer or furnish or give, or cause to be offered or ALCOHOLIC BEVERAGES* furnished or given any alcoholic beverages to any other person or persons with the 92 28 Sections intention that such other person or persons i 8010 Alcoholic beverage defined O `J 9 28 020 Drinking in public shall drink or consume said alcoholic bever 929030 Furnishing alcoholic beverages in ages while such other person or persons are public in or upon any public park street alley 9 28 040 Displaying alcoholic beverages highway or other public place within the 928050 Violation Detrimental to corporate limits of the City except in or community upon those public places where the drinking or consumption of alcoholic beverages is 9 28 010 Alcoholic beverage defined expressly permitted by law or by express Alcoholic beverage when used in this permission of the City Council (Ord 713 § chapter means and includes alcohol spirits 1 2 1984 Ord 378 § 2 1958) liquor wine or beer and which contains one half of one percent or more of alcohol by volume and which is fit for beverage 9 28 040 Displaying alcoholic beverages purposes either alone or when diluted It is unlawful for any person or persons to mixed or combined with other substances exhibit or display in an indecent or offensive (Ord 378 § 8 1958) manner any alcoholic beverages while such person or persons are upon or in or over any public park alley street highway or 9 28 020 Drinking in public It is unlawful other public place except those public for any person or persons to drink or con places wherein or whereat the drinking and consuming of alcohol is expressly permitted For statutory provisions forbidding the drinking of by law (Ord 378 § 4 1958) any alcoholic beverage in a motor vehicle on any highway see Vehicle Code g 23121 903 Page 9 of 10 A clay of f fun for the � whole family! k The First Annual Oktoberfest is sure to offer a family fun filled day, A festive showcase of arts n crafts live music activities and all around family fun kdsa � 5aturrdag October 6th 11 am -- 5 Pm McVicker Park, Lake Elsinore Y 4 q A' Admission is $3 Pre event tickets available at the Lake Elsinore Chamber or from any Lake Elsinore Rotarian Join us' Bring this ad to the Oktoberfest and be eligible for a special door prizel $3 Admission $ Family Fun Arts n Crafts Faire Genuine German Food Uve Entertainment Soda Garden Arts n Crafts for the Children f McVicker Park is located on Grand Ave south of Lincoln Ave in Lake Elsinore For more information visit www lakeelsrnorerotary org Endorsed by Eismore Valley Arts Network ;x 10 i i CITY OF LAKE ELSINORE i REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT DISCUSSION On June 26 2007 staff presented a report to the City Council relative to the status of the General Plan Update At that meeting the City Council directed staff to provide a progress report on the General Plan Update on the last City Council Meeting of every month until the General Plan Update is scheduled for public hearing As such staff has provided the following update The Draft Screen Check II Environmental Impact Report (EIR) was delivered to Jones & Stokes on Monday September 17 2007 Staff provided all inclusive and comprehensive comments to the consultant on this Screen Check of the Draft EIR It is anticipated that the Final Draft General Plan document the Draft Environmental Impact Report and the Draft Land Use Maps will be submitted back to the City on October 15 2007 for review Considering this timeline it is anticipated that the public review period for the Draft EIR and Draft General Plan as described in the California Environmental Quality Act should begin at the end of October 2007 Further Staff is also analyzing final land use changes and recommendations to the Draft Preferred Land Use Map which will be recommended to the Planning Commission and ultimately the City Council for approval Since a few of the land use changes have been promulgated by recent development interests Staff is working diligently to seriously consider those interests Jones & Stokes have continued to work diligently on the Draft General Plan Document the Draft Environmental Impact Report and the three (3) Land Use Map Alternatives and considering the status of the Genera[ Plan Update at this time Staff continues to believe that the timeline proposed which includes the first Public Hearing scheduled for January 2008 will be met RECOMMENDATION Receive and file PREPARED BY ROLFE M PREISENDANZ DIRECTOR OF COMM UNITY��'"'� � DEVELOPMENT APPROVED FOR l AGENDA BY ROBERT A BRADY CITY MANAGER Page 1 of 1 I� CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER f DATE SEPTEMBER 25, 2007 SUBJECT A RESOLUTION OF INTENTION TO ANNEX CERTAIN TERRITORY KNOWN AS ASSESSOR PARCEL NUMBER 377 160 008 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO 1, AS LLMD ANNEXATION NO 20 (CALIFORNIA BUSINESS CONDOMINIUMS) i BACKGROUND As a condition of approval the City has required the California Business Condominiums development to be annexed into the Landscape and Street Lighting District No 1 New developments are annexed into Landscape and Street Lighting District No 1 if a development will have public right of way landscaped areas maintained by the City or if there are more than three street lights in the public right of way DISCUSSION i Attached is the Engineers report for the Lake Elsinore Landscape and Street Lighting Maintenance District Annexation No 20 (California Business Condominiums) prepared by Harris and Associates The district annexation includes the California Business Condominiums development which contains approximately 4 150 SF of landscaping along Minthorn The annexation also provides for the future maintenance of approximately 3 900 SF of landscaping along Spring Street which is currently an undeveloped street right of way The total annual cost of operations and maintenance for Landscaping along Minthorn is estimated at $1 470 07 The estimated landscaping cost for the first year includes a 50% reserve of $735 03 bringing the total to $2 205 10 If Spring Street were to be constructed the total estimated cost of operations and maintenance including the reserve for Landscaping is $2 072 26 The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District and each annexation or zone tracked separately Any balance or deficit remaining on July 1 must be carried over to the next fiscal year The City Council may approve up to a two percent (2%) fixed rate adjustment annually The rate adjustment will adjust the Maximum rate but not necessarily the assessment Page 1 of 22 I i REPORT TO CITY COUNCIL SEPTEMBER 25 2007 PAGE 2 rate If costs begin to exceed assessment revenue the City Council may increase the assessment up to the Maximum FISCAL IMPACT The City is not negatively impacted by the annexation or continuation of the district In addition to the operating costs of the district the assessment would be levied annually to sufficiently finance the costs of administering the levy collection of the assessment and all other costs of the levy of the assessment The City will be however positively impacted with the funding for electricity water and labor for public landscaping maintenance PROCESS The annexation of the Landscape and Street Lighting District Annexation No 20 (California Business Condominiums) requires a specific process as outlined in the attached resolution The City Council will need to hold a public hearing on the annexation of certain territory into LLMD No 1 and the participating property owner will have the opportunity to vote The public hearing can be scheduled for October 23 2007 RECOMMENDATION It is recommended that City Council 1 Approve the Engineer's Report for Annexation No 20 (California Business Condominiums) to LLMD No 1 2 Adopt Resolution No 2007 — a resolution of Intention to Annex into LLMD No 1 3 Schedule the public hearing on the District Formation for October 23 2007 PREPARED BY MATT N PRESSEYrISTRATIVE DIRECTOR OF ADM SERVICES APPROVED BY ROBERT A BRADY CITY MANAGER Page 2 of 22 off, ti ST APN 377-160-008 SC E 80 LZGZNIL STRICT BOUNDARY IAJ PROJECT —y SITE VRgf,rq� 4 1 INITY MAP NO SCALE The pa c I numbe s ubo a pond to th A sor s mop f tt e A of the Co ty f R ver ide for F Col Year 2007-08 Annexation No 20 to the Landsca e and Street Lighting Maintenance Distric� No 1 Assessment Diagram P I Page 3 of 22 I I ti•..:�++.. �.^":'O sue.' rlsi jII� .r.r�.1r"• .7�*':"a•'^r✓ P-w�•� 4 h3-..AI,l�'C•>., 't le:, .�11'�..if fj j 1.}�:.�e y''•� `'fkiY ��r��:•L'•�iw.v`./,'"ti,� �' 1 f r±i T, } 34 �..,.��'.. } ,i= 4 tv''•..r ^c ia� :� _ � 1 {(I'i�tSF 'r F;tx.= 'f�•Jt'[li.f€!;i ,�y� 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S ``.�•a- Eh1i 1'`S '?':a af�'f:':'i °'..e.... �£4 'S'''�cr„l,�,"ti2 i l y it r �slim—,04 r •re I.t� { t,Ilr 1r �•ltii• �,1•,` .\'t l� r/,!'�jj yS �1�' .. .,tit\,) li�� ;��;� ES2x•lll�s 4 7/{7j If" �3�� Annexation No 20 City of Lake Elsinore September 17 2007 l Landscape and Street Ughdng Maintenance District No 1 Page i ENGINEER'S REPORT ANNEXATION NO 20 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1 The undersigned respectfully submits the enclosed report as directed by the City Council The undersigned certifies that she is a Professional Engineer registered in the State of California DATED September 17 2007 °FESSI 0 NO 41965 BY Joan E Cox ,r ExP 3/31/08 R C E No 41965 ��q� ClW- F OF C I HEREBY CERTIFY that the enclosed Engineers Report together with Assessment Roll and Diagram thereto attached was filed with me on the_day of 2007 City Clerk City of Lake Elsinore Riverside County California By ! I HEREBY CERTIFY that the enclosed Engineer s Report together with Assessment Roll and Diagram thereto attached was approved and confirmed by the City Council of the City of Lake Elsinore California on the,____day of 2007 City Clerk City of Lake Elsinore Riverside County California By I c\documents and settings\mpaltzaVocal settings\temporary mtemet fites\olk61\clean annex no 20 Ilmd engineer s report(cbc)(2)doc Page 5 of 22 Annexatfon No 20 City of Lake Elafnore September 17 2007 Landscape and Street Lighting Maintenance District No 1 Page ii ENGINEER'S REPORT ANNEXATION NO 20 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1 TABLE OF CONTENTS Certificates 1 Report 1 Part A Plans and Specifications 3 Part B Estimate of Cost 6 Part C Assessment Roll 7 Part D Method of Apportionmmt of Assessment 8 Part E Property Owner List 10 Part F Assessment District Boundary 10 I I I f I c\documents and sett ngsVnpaltzellocal settings\temporary intemet files\olk61\clean annex no 20 Ilmd engineer's report(cbc)(2)doc Page 6 of 22 Annexation No 20 City of Lake Elsinore September 17 2007 Landscape and Street Ughting Maintenance District No 1 Page 1 CITY OF LAKE ELSINORE ENGINEER'S REPORT Prepared Pursuant to the Provisions of the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 through 22679),Article XIIID of The California Constitution, and The Proposition 218 Omnibus Implementation Act(California Government Code Section 53750 Et Seq) i 1 Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California Article XHID of the California Constitution the Proposition 218 Omnibus Implementation Act and in accordance with the Resolution of Initiation adopted by the Council of the City of Lake Elsinore State of California in connection with the proceedings for CITY OF LAKE ELSINORE ANNEXATION NO 20 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1 hereinafter referred to as the Assessment District or District I Joan E Cox P E the authorized representative of Harris & Associates the duly appointed ENGINEER OF WORK submit herewith the Report consisting of six(6)parts as follows PART A Plans and specifications for the improvements showing and describing the general nature location and extent of the improvements PART B An estimate of the cost of the proposed improvements for FY 2007 08 including incidental costs and expenses in connection therewith PART C An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District Page 7 of 22 c\documents and settings%mpaltze\local settingsltemporary intemet tiles\olk6l\clean annex no 20 Ilmd engineer's report(cbc)(2)doc Annexation No 20 City of Lake Elsinore September 17 2007 Landscape and Street Ughting Maintenance District No 1 Page 2 PART D The method of apportionment of assessments indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District to proportion to the estimated benefits to be received by such lots and parcels PART E A list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Riverside PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District the boundaries of any zones within the Assessment Distnct and the lines and dimensions of each lot or parcel of land within the Assessment District i Page 8 of 22 c 1documents and setbngslmpaltzaVocal setttngsltemporary intemel fileslolk6ftlean annex no 20 Ilmd engineers report(cbc)(2)doc Annexation No 20 City of Lake Elsinore September 17 2007 Landscape and Street Lighting Maintenance District No 1 Page 3 PART A PLANS AND SPECIFICATIONS The facilities will be operated serviced and maintained as generally described as follows DESCRIPTION OF IMPROVEMENTS,FY 2007 08 The facilities to be maintained and serviced include landscaping for the specific Maintenance District as described herein Facilities include but are not limited to landscaping planting shrubbery trees turf irrigation systems hardscapes fixtures and appurtenant facilities in public rights of way parkways slopes and dedicated easements within the boundaries of said Maintenance District Zone 1 (the original District) Encompasses the Water Ridge Development and funds landscape and street lighting maintenance and operations Zone 2 (Annexation No 1) — Encompasses the Elsinore Homes Development and funds landscape and street lighting maintenance and operations Zone 3 (Annexation No 2)—Encompasses the Pepper Grove Development and funds landscape and + street lighting maintenance and operations Zone 4 (Annexation No 3)—Encompasses the Serenity Development and funds landscape and street lighting maintenance and operations t Zone 5 (Annexation No 4) — Encompasses the Rosetta Canyon Development and funds street lighting maintenance and operations I Zone 6 (Annexation No 5) — Encompasses the La Laguna Phase 3 Development and funds street lighting maintenance and operations Zone 7 (Annexation No 6) -- Encompasses Tract 28214 of the Alberhill Ranch Development and funds street lighting maintenance and operations Zone 8 (Annexation No 7) -- Encompasses Tract 32670 of the Belcaro Development and funds landscape maintenance and operations ' Zone 9 (Annexation No 8) — Encompasses Tract 32077 of the La Strada Development and funds street lighting maintenance and operations Zone 10 (Annexation No 9) — Encompasses Tracts 30698 and 32129 of the Clurman owned development and funds street lighting maintenance and operations Zone 11 (Annexation No 10) — Encompasses Tract 31920 1 of the Summerly Development and funds park landscaping and street lighting maintenance and operations I I Page 9 of 22 c\documents and sett ngs\mpaltzaVocal sett ngs\temporary internet fi1es\o1k61\c1ean annex no 20 Ilmd eng neer's report(cbc)(2)doc Annexation No 20 City of Lake Elsinore September 17 2007 Landscape and Street Lighting Maintenance District No 1 Page 4 Zone 12 (Annexation No 11) — Encompasses Tract 31957 of the development owned by Lake Elsinore 80 SFR LLC and funds landscaping and street lighting maintenance and operations Zone 13 (Annexation No 12) — Encompasses Tract 33370 of the Tessera Development and funds landscaping and street lighting maintenance and operations Zone 14 (Annexation No 13) — Encompasses Tract 31792 of the Wasson Canyon Development and funds street lighting maintenance and operations Zone 15 (Annexation No 14) — Encompasses Tract 34231 of the Trieste Development and funds landscaping and street lighting maintenance and operations Zone 16 (Annexation No 15) — Encompasses the Ridgestone Apartments Development and funds I landscape maintenance and operations Zone 17 (Annexation No 16) --Encompasses Tract 32503 of the Rosetta Canyon Development and funds street lighting maintenance and operations Zone 18 (Annexation No 17) — Encompasses Tract 32337 1 of the La Laguna Phases 4 & 5 Development and funds street lighting maintenance and operations Zone 19 (Annexation No 17) — Encompasses Tract 32337 2 of the La Laguna Phases 4 & 5 Development and funds street lighting maintenance and operations Zone 20 (Annexation No 18) — Encompasses Tract 17413 4 of the Tuscany Hills Estates Development and funds landscape maintenance and operations Zone 21 (Annexation No 19) —Encompasses Tract 33486 of the Makenna Court Development and funds landscaping and street lighting maintenance and operations Zone 22 (Annexation No 20) — Encompasses the California Business Condos Development and funds landscape maintenance and operations I The facilities in Zone 22 are specifically described as follows * Landscaping within the public right of way(Mmthom Street) approximately 4 150 square feet • Future maintenance of landscaping within the public right of way (Silver Street) approximately j3 900 square feet Maintenance means the furnishing of services and materials for the ordinary and usual maintenance operation and servicing of the landscaping and appurtenant facilities including repair removal or replacement of all or part of any of the landscaping or appurtenant facilities providing for the life growth health and beauty of the landscaping including cultivation irrigation trimming spraying fertilizing and treating for disease or injury the removal of trimmings rubbish debris and other solid waste and the cleaning sandblasting and painting of walls and other improvements to remove or cover graffiti Page 10 of 22 c\documents and settings\mpaltzaUocai settingsltemporary Internet fileslolk6l\clean annex no 20 Ilmd engineers report(cbc)(2)doc j Annexation No 20 City of Lake Elsinore September 17 2007 Landscape and Street Lighting Matrttenance District No i Page 5 Servicmg means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electnc current or energy gas or other illuminating agent for the lighting facilities or for the lighting or operation of the landscaping or appurtenant facilities The plans and specifications for the improvements showing and describing the general nature location and the extent of the improvements are on file in the office of the Director of Public Works and are incorporated herem by reference , r Page 11 of 22 c Wocuments and settmgs\mpaltzaVocal settmgsltemporary intemet fileslolk6i\clean annex no 20 ilmd engineers report(cbc)(2)doc Annexation No 20 City of Lake Elsinore September 17 2007 Landscape and Street Lighting Maintenance District No 1 Page 6 PART B ESTIMATE OF COST The estimated cost of the operation servicing and maintenance of the landscaping improvements for Fiscal Year 2007 08 as described in Part A are summarized herein and described below ANNEXATION NO 20 to the LANDSCAPE AND i STREET LIGHTING MAINTENANCE DISTRICT NO 1 Proposed Budget—Fiscal Year 2007 08 Zone 22 Fiscal Year 2007 08 Estimated Costs Minthorn Street Operations and Maintenance $ 1 470 07 Reserve(50%) 73503 Sub Total $2 205 10 Future Maintenance—Silver Street Operations and Maintenance $ 1 38151 Reserve(50%) $ 69075 Sub Total $ 2 072 26 District Administration $ 50000 Total Estimated Costs $4,777 36 The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District Funds raised by assessment shall be used only for the purpose as stated herein A contribution to the District by the City may be made to reduce assessments as the City Council deems appropriate Any balance or deficit remaining on July 1 must be carried over to the next fiscal year Page 12 of 22 c(documents and settingsUmpaltzallocal setbngs%temporary intemet fileslolk6lkfean annex no 20 Ilmd engineers report(cbe)(2)doe Annexation No 20 City of Lake Elsinore September 17 2007 Landscape and Street Lighting Maintenance District No 1 Page 7 PART C ASSESSMENT ROLL The total proposed assessment for Fiscal Year 2007 08 and the amount of the total proposed assessment apportioned to each lot or parcel within Zone 22 of the District as shown on the latest assessment roll at the Riverside County Assessors Office are contained in the Assessment Roll provided below The description of each lot or parcel is part of the Riverside County assessment roll and this roll 1s by reference made part of this Report Assessor s Parcel Number EDU s FY 2007 08 Max Asmt 377 160 008 3000 $4 777 50* *The maximum assessment is $0 14 more than the estimated budget due to rounding of the assessment per dwelling unit i Page 13 of 22 c.tdocuments and sethngsVnpaltzaUocal setbngsltemporary intemet Iileslolk6i\dean annex no 20 Ilmd engineer's report(cbc)(2)doc Annexation No 20 City of Lake Elainore September 17 2007 Landscape and Street Ughting Maintenance District No 1 Page 8 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL ' Part 2 of Division 15 of the Streets and Highways Code the Landscaping and Lighting Act of 1972 permits the establishment of assessment district by cities for the purpose of providing certain public improvements which include construction operation maintenance and servicing of street lights traffic signals and landscaping Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value This section states The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements The 1972 Act permits the designation of zones of benefit within any individual assessment district if by reason of variations in the nature location and extent of the improvements the various areas will receive different degrees of benefit from the improvements (Sec 22574) Thus the 1972 Act requires the levy of a true assessment based on the actual benefit rather than a special tax In addition Proposition 218 the Right to Vote on Taxes Act which was approved on the November 1996 Statewide ballot and added Article XHID to the California Constitution requires that a parcel s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel Article XIIID provides that only special benefits are assessable and the City must separate the I general benefits from the special benefits Article XHID also requires that publicly owned property which benefit from the improvements be assessed REASON FOR THE ASSESSMENT The assessment is proposed to be levied to pay for the costs of the construction servicing and maintenance of landscaping and appurtenant improvements within the District SPECIAL BENEFIT ANALYSIS I Street Landscaping, Slopes and Greenbelts Trees landscaping hardscaping and appurtenant facilities if well maintained provide beautification shade and enhancement of the desirability of the surroundings and therefore increase property value In Parkways and Land Values written by John Nolan and Henry V Hubbard in 1937 it is stated there is no lack of opinion based on general principals and experience and common sense that parkways do in fact add value to property even though the amount cannot be determined exactly Indeed in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City It has been believed that the establishment of parkways causes a rise in real estate values throughout the City or in parts of the City Page 14 of 22 c Wocuments and sett ngslmpaitza\local sethngstitemporary internet filesWW Wean annex no 20 Ilmd engineer's report(o)c)(2)doc Annexation No 20 City of Lake Elsinore September 17 2007 Landscape and Street Lighting Maintenance District No 1 Page 9 It should be noted that the definition of'parkways above may include the roadway as well as the landscaping along side the roadway The ongoing operation and maintenance of the street landscaping slopes and greenways within the individual district as identified in Part A of this Report provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements If these landscaped areas were not properly maintained the tract would be blighted I The City of Lake Elsinore considers the maintenance and upkeep of parkways and adjacent slopes to be the responsibility of the adjacent development due to the added beautification of the local community which extends to the perimeter of the development ASSESSMENT METHODOLOGY I Equivalent Dwelline Units To establish the special benefit to the individual parcels within Zone 22 of the District an Equivalent Dwelling Unit system is used Each parcel of land is assigned Equivalent Dwelling Units ( EDU s ) in proportion to the estimated special benefit the parcel receives relative to the other parcels within the + District from the streetlights The single family detached (SFD)residential parcel has been selected as the basic unit for calculation of assessments therefore the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU) A methodology has been developed to relate all other land uses to the SFD residential land use as described below Developed Non Residential (Non-Res) Developed non residential properties are defined as improved commercial industrial and institutional properties (such as school property or churches) In converting these properties to EDU s the size of the parcels are compared to the average size of a single family residential lot, which is 7 200 square feet This equals approximately 6 SIR lots per acre of land Therefore developed non residential parcels are assigned EDU s at a rate of 6 EDU s per acre Vacant Based upon the opinions of professional appraisers appraising current market property values for real estate in Southern California the land value portion of a property typically ranges from 20 to 30 percent of the property s total value Additionally the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0 Therefore vacant parcels will be assessed at the rate of 25% of Non Res properties or 15 EDU per acre or any portion thereof The table below provides the assessment apportionment for Zone 22 Max Maint Asmt Actual Asmt Total Max Asmt EDU s per EDU FY 2007-08 er Unit FY 2007-08 For District 3000 $159 25 $0 00 $4 777 50 * The maximum annual maintenance assessments shall be increased each year by 2% The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase I 6documents and setbngs\mpalizalocal settingsUemporary intemet fileslolk611ciean annex no 20 ilmd engineers report(cbc)(2)doc Page 15 of 22 _ 1 Annexation No 20 City of Lake Vainore September 17 2007 Landscape and Street Lighting Maintenance District No f Page 10 PART E PROPERTY OWNER LIST A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Riverside which by reference is hereby made a part of this report This list is keyed to the Assessors Parcel Numbers as shown on the Assessment Roll Part C of this Report PART F ASSESSMENT DISTRICT BOUNDARIES J Diagrams showing the exterior boundanes of the District and the Imes and dimensions of each lot or parcel of land within the District are provided on the following page The lines and dimensions of each lot or parcel within the District are those Imes and dimensions shown on the maps of the Assessor of the County of Riverside for Fiscal Year 2007 08 The Assessor s maps and records are incorporated by reference herein and made part of this report c r � c\documents and settingslmpaltzaUocal settmgsltemporary internet fileslolkBlWean annex no 20 Ilmd engineer's report(cbc)(2)doc Page 16 of 22 I I �ti S T I I APN 377-160-008 SC If I Bo DISTRICT BOUNDARY � s INT Sr PROJECT 517E _ WC � q vF AM z VICINITY MAP NO 5 Alz The parcel numbers above correspond to the Assesso s maps of the Asses or of the County of R vers de for Fiscal Yea 2007-08 Annexation No 20 to the Landsca e and Street Lighting Maintenance District No 1 Assessment Diagram Pcge I of I Page 17 of 22 RESOLUTION NO 2007 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEERS REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS APN 377 160-008 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO 1, AS ANNEXATION NO 20 (CALIFORNIA BUSINESS CONDOS) TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1, DECLARING THE CITY S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS the City Council of the City of Lake Elsinore pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code of the State of California (the Act ) desires to initiate proceedings for the annexation of certain territory (the Annexed Area ) to the Landscape and Street Lighting District No 1 (the District ) and declares the City s intention to order the annexation of the Annexed Area for the levy and collection of annual assessment within the Annexed Area for Fiscal Year 2007/2008 for the purposes provided therefore in the Act and WHEREAS the improvements to be installed constructed or maintained within the proposed Annexed Area may include installation construction or maintenance of any authorized improvements under the Act including but not limited to landscaping and streetlight improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof and WHEREAS Section 22608 of the Act limits the requirement for the resolutions Engineers Report notices of hearing and right of majority protest under the Act to the territory included within the annexation and waives these requirements with the written consent of all of the owners of property within the territory to be annexed and WHEREAS Proposition 218 the Right to Vote on Taxes Act does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the Annexed Area and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice and WHEREAS the Annexation consists of the property known as Assessor Parcel j Number 377-160 008 and Page 18 of 22 i CITY COUNCIL RESOLUTION NO 2007 Page 2 of 5 i WHEREAS Property Owners have submitted a petition to the City requesting to have the development annexed into the Landscape and Street Lighting District No 1 and WHEREAS the City has prepared a diagram attached as Exhibit A which is designated Proposed Annexation No 20 (California Business Condos) to the Lake Elsinore Landscape and Street Lighting Maintenance District No 1 and an assessment showing the proposed boundaries of the territory to be annexed into the District which is benefited by the construction of the improvements and the amount to be assessed against each of the parcels within the proposed annexation to the District and WHEREAS the City has ordered the preparation of an Engineer's Report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets and Highways Code giving a description of the annexation and WHEREAS the Engineer's Report diagram and assessments have been approved and filed with the City Clerk and are open to public inspection and may be referred to for all details regarding the improvements the boundary of the proposed annexation the assessments total costs and description of the parcels to be assessed and WHEREAS this City Council has examined and considered the Engineer's Report diagram assessments and the proceedings prior thereto NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ' CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 That the above recitals are true and correct SECTION 2 The City Council hereby finds (1) that the public interest convenience and necessity require the maintenance of a landscaping and street lighting system and (2) declares its intention to order the formation of the Annexation and to levy and collect assessments against the assessable lots and/or parcels of land within such Annexation for that portion of the fiscal year commencing July 1 2007 and ending June 30 2008 to pay the costs and expenses of the maintenance of improvements described below If the assessments proposed by this resolution are approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution the City Council in subsequent fiscal years may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for Fiscal Year 2007/2008 without conducting another mailed ballot election Page 19 of 22 f CITY COUNCIL RESOLUTION NO 2007 Page 3 of 5 SECTION 3 That the City Council hereby proposes to annex to Landscape and Street Lighting District No 1 the Annexed Area located at Assessor Parcel Number 377 160 008 and to levy annual assessments thereon to provide for the following work Installation construction or maintenance of any authorized improvements under the Act including but not limited to landscaping and streetlight improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof The distinctive designation for the proposed Annexed Area shall be Annexation No 20 (California Business Condos) to the Lake Elsinore Landscape and Street Lighting Maintenance District No 1 when referred to separately and upon annexation will be included in the designation of Landscape and Street Lighting District No 1 SECTION 4 That the Property Owners have provided the City Council of the City of Lake Elsinore a petition fully signed requesting the City to maintain and service the improvements and establishment of an assessment for the proposed annexation of the property into the District in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance operation and servicing of the improvements SECTION 5 A Diagram for the District (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be annexed benefited and assessed for the improvements j has been prepared as Exhibit A The diagram assessment and improvement plans have been filed with the City Clerk SECTION 6 The diagram which indicates by a boundary line the extent of the territory proposed to be annexed into the District is hereby declared to describe the proposed boundaries of the proposed annexation to the District and shall govern for all details as to the extent and location of said annexation SECTION 7 That the City Council is satisfied with the correctness of the diagram and assessment including the proceedings and all matters relating thereto SECTION 8 That notice is hereby given that on the 23`d day of October 2007 at the hour of 7 00 p m or as soon thereafter as possible in the City Council Chambers in the City of Lake Elsinore the City will hold a public hearing to receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act SECTION 9 The City Clerk shall certify to the adoption of this Resolution SECTION 10 This Resolution shall take effect from and after the date of its passage and adoption Page 20 of 22 i CITY COUNCIL RESOLUTION NO 2007 Page 4 of 5 PASSED, APPROVED AND ADOPTED this 25t' day of September 2007 by the following vote AYES NOES ABSENT ABSTAIN i i Robert E Magee Mayor City of Lake Elsinore ATTEST Vivian Munson City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore Page 21 of 22 EXHIBIT A ANNEXATION NO 20 (CALIFORNIA BUSINESS CONDOS) TO LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO 1 ti S,. OFF T APN 377-160-008 a sCAI 8 LBGEXI D[STRI T HO DRY I PROJECT Sr \\\ SITE >> ICINITY MAP pp N ALB The p do f F be is Y bo 2007—s d t the A esso s maps of th A sesso of th C ty f Annexation No 20 to the Landscape and Street Lighting Maintenance District No 1 Assessment Diagram Paq 1 f 1 age 22 of 22 4 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 25 2007 SUBJECT RESOLUTION OF INTENTION TO ANNEX PROPERTY INTO j COMMUNITY FACILITIES DISTRICT NO 2006 5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO 2 (CALIFORNIA BUSINESS CONDOS) BACKGROUND On May 9 2006 the City Council approved Resolution 2006 56 establishing Community Facilities District No 2006 5 (Parks Open Space and Storm Drain Maintenance) The district levies a special tax for park open space and storm drain maintenance costs above what already exist in the district The City is requiring undeveloped parcels within the City that are developed with four or more residential dwelling units and are not within a bond CFD that has a services special tax component to be annexed into the service district i As a condition of approval the City has required the project identified as APN 377 160 008 also known as California Business Condos to be annexed into the Community Facilities District No 2006 5 I DISCUSSION A special tax will be levied in the amount of$567 02 per acre for fiscal year 2007 08 The amount of the special tax assessment maximum increases two percent (2%) l annually I California Business Condos protect will add one non residential property on five acres to the existing district boundary and generate about $2 835 10 annually once construction is complete The map of the proposed boundary is attached FISCAL IMPACT The cost of park open space and storm drain maintenance services is approximately $691 per acre For each acre only about $140 of property tax dollars will be generated to cover these services Property tax and other revenues that will be generated from the property are not sufficient to fund the cost of parks open space and storm drain maintenance and therefore the CFD 2006 5 special tax levy will assist the funding of i i Page 1 of 9 j REPORT TO THE CITY COUNCIL SEPTEMBER 25 2007 f PAGE 2 I the increased parks open space and storm drain maintenance where the property tax is deficient PROCESS The annexation into the district requires a specific process as outlined in the attached resolution The City Council will need to hold a public hearing on the annexation into CFD 2006 5 and the participating property owner will have the opportunity to vote The f� public hearing can be scheduled for November 13 2007 I RECOMMENDATION It is recommended that City Council 1 Adopt Resolution No 2007 a resolution of intention to Annex Property from Annexation Area No 2 (California Business Condos) into the CFD 2006 5 2 Schedule a public hearing on Annexation Area No 2 (California Business Condos) for November 13 2007 PREPARED BY MATT N PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED BY ROBERT A BRADYQ CITY MANAGER Page 2 of 9 PROPOSED BOUNDARY OF ANNEXATION NO 2 TO COMMUNITY FACILITIES DISTRICT No 2006-5 OF THE CITY OF LAKE ELSINORE (PARKS OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNTY OF RIVERSIDE STATE OF CALIFORNIA E do APN 377-160-008 I I SCALE 80 ED OM of TH TY(t rs TY OF TH .._...._ of 00 Cl CC RK OF IN a Of Al( RE EB TH TH 1N WN SM AT TN AR AN ON COAT TY ujnE 7R ON cry OF' OR Ou Tr r vE TE OF OR OVEW n� T ou OF ry or!A e e o F ARt eEn THEn or LO 0H QE OF nt T-OF OR S� f(/ryr LE na of oo TH aT OF ac _ aooK_ rs sl- OF ESSN AN CO TY TR rS niROUC & TR PROJECT Mr OF O" TY OR TN ON of vE 0E Te Cr OR SITE a E s ¢`- SSE OR c0u RE CRCE ou OF v£ FE TH vE DE CO TY SE SOR OE SC ON OF Ci VICINITY MAP PROPOSED BOUNDARY MAP NO SCALb An ti N 2 t C mm ity F I t D tr I. N 2006 5 LEGEND f th C ty f Lek El HARRIS & ASSOCIATES (P It Op Sp d S m D M lnt sF '0 a ty f R d C Iif rni DISTRICT DOUNDARY I ' Im '�` ' Sh t 3 of 9 RESOLUTION NO 2007 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO 2006 5 (PARKS OPEN SPACE AND STORM DRAIN MAINTENANCE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT WHEREAS the City Council (the Council ) of the City of Lake Elsinore (the City ) has established the City of Lake Elsinore Community Facilities District No 2006 5 (Parks Open Space and Storm Drain Maintenance) (the District ) pursuant to the Mello Roos Community Facilities Act of 1982 as amended commencing with Section 53311 of the Government Code of the State of California (the Act ) and WHEREAS the District will finance parks open space and storm drain maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District through the formation of the District subject to the levy of a special tax to pay for such services being approved at an election to be held within the boundaries of the District and WHEREAS the Council has provided for the annexation in the future of territory (the Future Annexation Area ) to the District pursuant to the terms and provisions of the Act and WHEREAS the City has received a Consent and Waiver from Centex Homes requesting annexation of property owned by Centex Homes which constitutes a portion of the Future Annexation Area into the District NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Council hereby determines to institute proceedings for the annexation of Annexation Area No 2 (California Business Condos) ( Annexation Area No 2 ) into the District under the terms of the Act The exterior boundaries of the area to be annexed (Annexation Area No 2) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled Proposed Boundaries City of Lake Elsinore Community Facilities District No 2006 5 (Parks Open Space and Storm Drain Maintenance) Annexation Area No 2 (California Business Condos) which map indicates by a boundary line the extent of the territory included in Annexation Area No 2 and shall govern for all details as to the extent of Annexation Area No 2 SECTION 2 The map showing Annexation Area No 2 which area is to be subject to a special tax to be levied is hereby approved and adopted On the original and one copy of the map of such Annexation Area No 2 on file in the City Clerk s office i Page 4 of 9 CITY COUNCIL RESOLUTION NO 2007 Page 2 of 4 the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution The City Clerk shall file the original of such map in his office and within fifteen (15) days after the adoption of this Resolution and the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder County of Riverside State of California SECTION 3 The name of the proposed community facilities distract shall be City of Lake Elsinore Community Facilities District No 2006 5 (Parks Open Space and Storm Drain Maintenance) Annexation Area No 2 (California Business Condos) SECTION 4 Except where funds are otherwise available it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the Special Tax ) sufficient to finance a portion of the cost of providing parks open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area No 2 prior to the annexation of Annexation Area No 2 and do not supplant services already available within the territory proposed to be included in the District the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax including any foreclosure proceedings legal fiscal and financial consultant fees election costs and all other administrative costs of the tax levy The Special Tax will be secured by recordation of a continuing lien against all non exempt real property in the proposed Annexation Area No 2 The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein The annexation of Annexation Area No 2 will not result in any change to the special tax rates levied in the District prior to such annexation The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325 3 of the Act and such Special Tax is not on or based upon the ownership of real property The maximum Special Tax applicable to a parcel to be used for private residential purposes as set forth in Exhibit A is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for private residential purposes and such amount shall not be increased over time by an amount in excess of two percent (2%) per year Under no circumstances will the Special Tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed Annexation Area No 1 by more than 10 percent (10%) As specified by the Act for purposes of this paragraph a parcel shall be considered used for private residential purposes not later than the date on which an occupancy permit for private residential use is issued I SECTION 5 A public hearing (the Hearing ) on the annexation of Annexation Area No 2 and the proposed rate and method of apportionment of the Special Tax shall be held on November 13 2007 at 7 00 o clock p m or as soon thereafter as Page 5 of 9 CITY COUNCIL RESOLUTION NO 2007 Page 3 of 4 practicable at the chambers of the City Council of the City of Lake Elsinore 183 North Main Street Lake Elsinore California 92530 SECTION 6 At the time and place set forth above for the hearing any interested person including all persons owning lands or registered to vote within the proposed Annexation Area No 2 may appear and be heard SECTION 7 Each City officer who is or will be responsible for the District if it is established is hereby directed to study the proposed Annexation Area No 2 and at or before the time of the above mentioned Hearing file a report with the City Council which is to be made a part of the record of the Hearing containing a brief description of Annexation Area No 2 and his or her estimate of the cost of providing additional parks open space and storm drain maintenance services within the boundary of Annexation Area No 2 The City Manager is directed to estimate the fair and reasonable cost of all incidental expenses including all costs associated with the annexation of Annexation Area No 2 determination of the amount of any special taxes collection of any special taxes or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District SECTION 8 The City may accept advances of funds from any sources including private persons or private entities and is authorized and directed to use such funds for any authorized purpose including any cost incurred by the City in annexing the proposed Annexation Area No 2 The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax if the proposal to levy such tax should fail and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of Annexation Area No 2 SECTION 9 The City Clerk is hereby directed to publish a notice ( Notice ) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation Area No 2 Such Notice shall contain the text of this Resolution state the time and place of the Hearing a statement that the testimony of all interested persons or taxpayers will be heard a description of the protest rights of the registered voters and landowners in the proposed Annexation Area No 2 as provided in Section 53339 5 of the Act and a description of the proposed voting procedure for the election required by the Act Such publication shall be completed at least 7 days prior to the date of the Hearing SECTION 10 The voting procedure with respect to the establishment of the District and the imposition of the special tax shall be by mailed ballot election SECTION 11 This Resolution shall take effect from and after the date of its passage and adoption I Page 6 of 9 CITY COUNCIL RESOLUTION NO 2007 Page 4 of 4 i PASSED, APPROVED AND ADOPTED this 24t day of September 2007 by the following vote AYES NOES ABSENT ABSTAIN Robert E Magee Mayor City of Lake Elsinore ATTEST Vivian Munson City Clerk City of Lake Elsinore I i APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore I I Page 7of9 I EXHIBIT A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 5 (PARKS OPEN SPACE AND STORM DRAIN MAINTENANCE) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi Family Property (as hereinafter defined) in City of Lake Elsinore Community Facilities District No 2006 5 (Parks Open Space and Storm Drain Maintenance) (the District ) in accordance with the rate and method of apportionment of special taxes hereinafter set forth Definitions "Assessors Parcel" means a parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside a "City" means the City of Lake Elsinore California Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied I "Developed Non Residential Property means all Assessor's Parcels for which a building permit was issued by the City for any type of non residential use on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied ' Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied "Fiscal Year' means the period beginning on July 1 and ending on the following June 30 Maximum Special Tax means the maximum Special Tax that can be levied by CFD No 2006 5 in any Fiscal Year on any Assessor's Parcel `Operating Fund means a fund that shall be maintained for CFD No 2006 5 for any Fiscal Year to pay for the actual costs of maintenance related to the Service I Area and the applicable Administrative Expenses ` "Operating Fund Balance means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year Page 8 of 9 EXHIBIT A "Service Area" means parks open space and storm drains "Special Tax" means any of the special taxes authorized to be levied within CFD No 2006 5 pursuant to the Act to fund the Special Tax Requirement `Special Tax Requirement means the amount determined in any Fiscal Year for CFD No 2006 5 equal to (i) the budgeted costs directly related to the Service Area including maintenance repair and replacement of certain components of the Service I Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year (ii) Administrative Expenses and (iii) anticipated delinquent Special Taxes based on the delinquency rate in CFD No 2006 5 for the previous Fiscal Year less (iv) the Operating Fund Balance as determined by the CFD Administrator "Unit" means each separate residential dwelling unit which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units Rate and Method of Apportionment of the Special Tax Commencing Fiscal Year 2005 2006 and for each subsequent Fiscal Year the City Council shall levy Special Taxes on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non Residential Property up to the applicable Maximum Special Tax to fund the Special Tax Requirement The Maximum Special Tax for Fiscal Year 2005 2006 shall be $242 per Developed Single Family Unit $121 per Developed Multifamily Unit and $545 per Acre for each Assessor's Parcel of Non Residential Property On each July 1 commencing July 1 2006 the Maximum Special Tax shall be increased by two percent (2%) of the amount in effect in the prior Fiscal Year Duration of the Special Tax The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless no longer required as determined at the sole discretion of the City Council Collection of the Special Tax t The Special Tax shall be collected in the same manner and at the same time as F ordinary ad valorem property taxes provided however that CFD No 2006 5 may collect the Special Tax at a different time or in a different manner if necessary to meet its funding requirements I Page 9 of 9 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 25 2007 SUBJECT APPROVAL OF FINAL MAP NO 33182 REQUEST Approval of Final Map No 33182 located on approximately 2 23 acres The tract map proposes five (5) residential lots and dedicates right of way for access purposes LOCATION The proposed Final Map is located south of Kevin Place and east of Grand Avenue BACKGROUND i Dean Wood applied for a tentative parcel map for a residential project in early 2006 At their regularly scheduled meeting on June 13 2006 the City Council approved Tentative Parcel Map No 33182 Mr Wood is now seeking approval for the final map to his project DISCUSSION Staff has reviewed the Final Map and finds it in substantial conformance to Tentative Parcel Map No 33182 All Conditions of Approval relative to the Final Map approval have been completed FISCAL IMPACT None Page 1 of 3 REPORT TO CITY COUNCIL SEPTEMBER 25,2007 PAGE 2 RECOMMENDATIONS Staff Recommends that 1 Approve Final Map No 33182 subject to the City Engineers acceptance as being true and correct 2 Authorize the City Clerk to accept all dedications sign the map and arrange for the recordation of Final Map No 33182 PREPARED BY Ken A Seumalo 05 DIRECTOR OF PUBLIC WORKS APPROVED BY Robert A Brady CITY MANAGER Attachment Vicinity Map Page 2 of 3 l Lake h-lunorc r iJ Jr .rf I 4 I FINAL MAP 33182 CITY COUNCIL —R - V " P. by CITY OF ,stt� _ — ty fL k Elmore CITY OF LAKE ELSINORE Ertg ry D LAKE tjLSlll0PE SEPTEMBER 25 2007 aoMpf 3 Pae3of3 DREAM EXTREME g ty fR rSd GIS X Gty I L k EI no G S ` Sta pi NAD 83 ti I I CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE SEPTEMBER 25 2007 SUBJECT FRANKLIN STREET REHABILITATION AND STORM DRAIN IMPROVEMENTS CONTRACT AWARD BACKGROUND Franklin Avenue currently serves as a connector road between Main Street and Franklin Avenue As the City has grown the volume using this roadway has increased and the roadway is in need of rehabilitation and drainage improvements In the previous fiscal year City Council approved a total of $54 650 for the design of these improvements Project plans and specifications were completed earlier this year and the project was advertised for construction bids on August 15 2007 Limits for this project extend slightly over a mile from Main Street to Avenue 6 DISCUSSION On September 12 2007 at 11 00 a m the City received fifteen (15) bids from qualified companies to make pavement repairs and drainage improvements on Franklin Street In order of cost the bids were as follows EBS Inc $619 925 Roadway Engineering $629 935 All American Asphalt $636 220 International Paving Solutions $639 895 Hardy & Harper $644 000 R J Noble $646 481 50 Hillcrest Contracting $666 077 Imperial Paving $683 895 Laird Construction Company $710 107 E G N Construction $733 816 Grand Pacific $759 104 50 H&H General $796 335 PK Mechanical Systems $900 000 Vance Corp $948 481 R J Bullard $1 012 770 The Engineers estimate was $765 000 Page 1 of 3 REPORT TO CITY COUNCIL SEPTEMBER 25, 2007 PAGE 2 FISCAL IMPACT In Fiscal Year 2007/08 a budget of $1 000 000 was approved by City Council for the construction of this project Total project costs including construction contingency inspection soil testing surveying and project administration is estimated to be $750 000 Funding for this project is from Account No 105 General Fund i RECOMMENDATIONS Staff recommends that the City Council 1 Award the Franklin Street Rehabilitation and Storm Drain Improvements to + E B S Construction Inc for the amount of$619 925 2 Authorize the Mayor to execute the contract with E B S Construction Inc 3 Authorize the transfer of the remaining $250 000 to Account No 105 General Fund i PREPARED BY DAVID S SOLOMON PROJECT ENGINEER REVIEWED BY KEN A SEUMALO 0 DIRECTOR OF PUBLIC WORKS APPROVED BY ROBERT A BRAD CITY MANAGER ATTACHMENT Vicinity Map i Page 2 of 3 4 i •! �i ` a� ♦"fie �_! `��'�' ♦♦ ♦♦ ! # /�� �r �����"��,y�►I,��� � �illlla■��1�.��� `�` 1►f � ram.' ►��11. �.�, •., ') ,rev' ��tOJECT AR \-IN�V A�-\♦ . l� > '.Z.' V /1I��'�11111 1111 11 1 r 111� lyrrwF ►1rl�� 1 ■r'7�� �. . ►���jllllll���� t�lllltll!!l�►. . `'�..\�• � �./ fail W`. R!f!'iM1 ��-. w! !!!i!'_►,I ' �rIS1111111-3 m, ,,,, SIMON u�u s m�rn? + � i�� t I 1 s� 1 s� 1':�� nil I isle 1 • IIHIIIt.11, �,,�L�IIIr - • 11 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT WARRANT LIST DATED SEPTEMBER 14, 2007 DISCUSSION The warrant list is a listing of all general checks issued since the prior warrant list and warrants to be released upon City Council approval RECOMMENDATION Authorize payment of Warrant List dated September 14 2007 PREPARED BY MATT N PRESSES '. DIRECTOR OF ADMKItTRATIVE SERVICES APPROVED BY ROBERT A BRADY CITY MANAGER gr Page 1 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT SUMMARY MARY FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 1 078 497 83 104 TRAFFIC OFFENDER FUND 85000 105 MISCELLANEOUS GENERAL PROJECT FUND 150 289 44 110 STATE GAS TAX FUND 36816 112 TRANSPORTATION MEASURE A FUND 49875 118 LAKE SIDE FACILITIES DIFF FUND 10 402 64 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 76 616 37 135 L L M D NO 1 FUND 45000 204 SIGNAL C I P FUND 14260 205 TRAFFIC IMPACT FEE FUND 27574 211 STORM DRAIN C I P FUND 2412350 357 C F D 2003 02 DEBT SERVICE FUND 2 695 55 360 A D 93 1 DEBT SERVICE FUND 3 070 00 363 C F D 88 3 WEST LAKE ELSINORE 1997 SERIES A DEBT SERVICE FUND 1 50000 364 C F D 88 3 WEST LAKE ELSINORE 1997 SERIES B DEBT SERVICE FUND 1 50000 369 C F D 2004 3 ROSETTA CANYON DEBT SERVICE FUND ___2 225 00 608 TRUST DEPOSITS & PRE PAID EXPENSE 99950 620 COST RECOVERY SYSTEM 164 348 57 f E GRAND TOTAL $ 1 518 853 55 i I 1 f 1 9/19/2007 Warrant 091407 1 of 1 Page 2 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 91978 CHUCK MACKEY $ 3 487 50 92034 VOID ELSINORE READY MIX CO INC (1 191 38) 92167 THOMAS BUCKLEY 20650 92168 PRE PAID LEGAL SERVICES INC 10360 92169 V S P VISSION SERVICE PLAN 1 63373 92170 STANDARD LIFE INSURANCE 282 00 92171 STANDARD LIFE INSURANCE 414 40 92172 SBSD EVOC TRAINING 70000 92173 ICMA RETIREMENT TRUST CIO ALLFIRST BANK 4 014 00 92174 CASH CASHIERS CHECK TO RIVERSIDE COUNTY WASTE MANAGEMENT DEPARTME 1 980 00 92175 THE L I U OF N A NATIONAL PENSION FUND 3 352 80 92176 LIUNA LOCAL 777 1 539 00 92177 DEPUTY JOSEPH NARCISO 15000 92179 VOID 000 92180 92181 A&A JANITORIAL SERVICE 2 600 00 92182 A BETTER PARTY 16745 92183 ACTION PARK ALLIANCE INC 833200 92184 ACTIVE NETWORK SERVICES 3 800 00 92185 ADVENTURES IN ADVERTISING 201 80 92186 AMERICAN FORENSIC NURSES 49400 92187 AMERICAN MATERIAL CO _ 4328 92188 APPLE ONE EMPLOYMENT SERVICE 3 068 58 92189 ARTISAN GOLDSMITHS&AWARD 63427 92190 AW DIRECT INC 14588 92191 _ BANK OF AMERICA(0619)CITY MANAGER OFFICE 5388 92192 BANK OF AMERICA(2025) ENGINEERING/PUBLIC WORKS DEPARTMENT 21080 92193 BANK OF AMERICA(5336) FIRE STN#10 39 84 ' 92194 BANK OF AMERICA(5400)FIRE STN#94 36794 92195 BANK OF AMERICA(6673) LAKE &AQUATICS RESOURCES DEPARTMENT 800 92196 BANK OF AMERICA(6707)ADMINISTRATIVE SERVICES& HUMAN RESOURCES 28688 92197 BEN MEADOWS COMPANY INC 285 92198 BIO TOX LABORATORIES 1 76869 92199 BLOOMFIELD GROUP INC 9 160 65 92200 BRUNSWICK COMMERCIAL& GOVT PRODUCT 124 276 00 92201 BUNDY CANYON TURF SUPPLY 17905 92202 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 24500 92203 CALOLYMPIC GLOVE 7 SAFETY CO 50288 i 92204 CANYON TIRE SALES INC 1 524 78 92205 CENTEX HOMES SO CA DIVISION 136 600 00 92206 CHERISHED MEMORIES PHOTOGRAPHY 311 00 92207 CITY OF NEWPORT BEACH FIRE DEPARTMENT 25754 92208 COAST TO COAST WIRELESS INC 11082 i 92209 COLOR TECH COMMERCIAL PRINTING 1 605 48 92210 92211 COMPUTER ALERT SYSTEMS INC 1 16400 92212 KIRT A COURY 4 736 62 92213 CUTTING EDGE STAFFING INC 527470 92214 D &K FABRICATION 1 295 00 92215 D&S ELECTRIC 30250 i 92216 DATA QUICK INFORMATION SYSTEMS INC 12950 92217 DEPARTMENT OF CONSERVATION DIVISION OF ADMINISTRATIVE SERVICES 1 671 43 92218 DIRECTV 7498 92219 DISCOUNT HAULING & CLEANUP SERVICE 75000 92220 DLT SOLUTIONS INC 1 530 38 9/19/2007 Warrant 091407 1 OF 4 Page 3 of 10 SEPTEM]BER 14 2007 CITY OF LAKE ELSI[NORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 92221 CAROLE K DONAHOE A I C P 1 69965 92222 DOWNS COMMERCIAL FUELING INC 6 919 93 92223 92227 E V M W D 29 301 33 92228 E D C SOUTHWEST RIVERSIDE COUNTY 4000 92229 ELECTRO TECH S 2 731 23 92230 ELITE ELEVATOR INC 185 00 92231 ELSINORE HOMES 6 630 03 92232 92234 ELSINORE PIONEER LUMBER CO 67572 92235 ELSINORE READY MIX CO INC 1 191 38 92236 ELSINORE VALLEY RENTALS 25488 92237 ENVIRONMENTAL CLEANING 5 241 03 92238 ERIC M JOHNSTON 50 00 92239 92243 EXCEL LANDSCAPE INC 17 609 24 92244 92246 FEDERAL EXPRESS CORPORATION 70410 92247 FRANKLIN COVEY 17449 92248 GARY&JUDY JACOBS 1 796 00 92249 THE GRAPHICS COMPANY 4 876 50 92250 92252 GREENSCAPE LANDSCAPE INC 17 091 23 92253 92255 HARRIS &ASSOCIATES INC 93 007 66 i 92256 HAULAWAY STORAGE CONTAINERS INC 21750 € 92257 HDR ENGINEERING INC 9 120 50 92258 HEARTSAVERS OF TEMECULA VALLEY 50000 92259 HEWLETT PACKARD COMPANY 344986 92260 HI WAY SAFETY INC 2 046 98 92261 IDVILLE 2975 92262 INFOQUEST TECHNOLOGIES INC 7485 92263 INLAND EMPIRE LOCK&KEY 9779 ' 92264 INLAND EMPIRE MAGAZINE 99750 92265 INLAND URGENT CARE 14700 92266 INNOVATIVE DOCUMENT SOLUTIONS 1 33487 92267 JEFF HAUSER MOBILE WELDING 6000 92268 JEFF LEWIN 128800 92269 JOHN DEERE LANDSCAPES 1 444 68 92270 JONES& STOKES 10 000 00 92271 JOSE A GARCIA 5000 92272 LAKE BUICK PONTIAC GMC INC 7143 92273 LAKE CHEVROLET 1 839 54 92274 LAKE ELSINORE FLORIST&GIFTS 16227 92275 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 16 667 00 92276 LAKESHORE HOMES& DEVELOPMENT INC 2 260 00 92277 LAMAR COMPANIES 1 000 00 i 92278 LEIBOLD MCCLENDON & MANN 55 466 26 92279 FREDRICH S LOPEZ 15000 92280 92283 LOWE S HOME CENTERS INC 2 403 91 92284 SANDRA MASSA LAVITT 1 340 00 92285 LINDA A MILLER 5 550 00 92286 MOBILE SATELLITE VENTURES LP 7285 92287 MORROW PLUMBING INC 2 151 34 92288 MSA INLAND EMPIRE/DESERT CHAPTER 4000 92289 MUNISERVICES L L C 1 08750 92290 NEAR CAL CORP 23 696 00 92291 NORTH COUNTY TIMES 64362 92292 NORTHSTAR DEVELOPMENT 16015 9/19/2007 Warrant 091407 2 OF 4 Page 4 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT ]LIST CFECK# VENDOR NAME AMOUNT 92293 OAK GROVE EQUITIES 12622 92294 OAKLEY SALES CORP 30000 92295 MARLENE PALTZA 11012 92296 92297 PETTY CASH 32233 92298 PITNEY BOWES PURCHASE POWER 3 000 00 92299 POWERLAND EQUIPMENT INC 5 000 00 92300 PREMIUM PALOMAR MT SPRING WATER 56100 92301 THE PRESS ENTERPRISE 2 533 35 92302 PRODUCTION VIDEO 3 025 00 92303 92304 PRUDENTIAL OVERALL SUPPLY 39430 92305 QUICK CRETE PRODUCTS CORPORATION 8 000 44 92306 QUILL CORPORATION 26977 92307 QWEST COMMUNICATIONS 1 244 19 92308 REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE 79 525 00 92309 REGIONAL CONSERVATION AUTHORITY 37 399 90 92310 RIGHTWAY SITE SERVICES INC _2 653 90 92311 COUNTY OF RIVERSIDE AUDITOR CONTROLLER 3 010 00 92312 ROAD WORKS INC 30000 92313 ROBBINS PEST MANAGEMENT INC _ 48000 92314 DANNY 0 RODRIGUEZ 15000 92315 SADDLEBACK LANDSCAPE & GARDEN CENTER 6 936 20 92316 SADDLEBACK MATERIALS COMPANY INC 1 090 70 92317 SAN DIEGO DAILY TRANSCRIPT 1 997 45 92318 SHARE CORPORATION 16805 92319 SHERWIN WILLIAMS COMPANY 22753 92320 SO CAL INT 1 000 00 92321 DAVID S SOLOMON 3 420 00 92322 92323 SOUTHERN CALIFORNIA EDISON CO _ 49 716 26 i 92324 SOUTHERN CALIFORNIA GAS CO 10666 92325 STANDARD INSURANCE COMPANY 9 052 64 92326 92327 STAPLES BUSINESS ADVANTAGE 2 138 31 92328 STATE COMPENSATION INSURANCE FUND 18 585 83 92329 92330 STAUFFERS LAWN EQUIPMENT 91628 92331 BOB STOVER INC 4 657 50 92332 _TEAM AU_TOAID INC 53542 92333 TEMECULA COPIERS 39682 92334 TICOR TITLE COMPANY 30000 92335 TRAFFIC CONTROL SERVICE INC 1 09226 92336 TWIN GRAPHICS 2 008 69 92337 UNION BANK OF CALIFORNIA 10 990 55 92338 UNITED PARCEL SERVICE 10529 92339 VENUS PRINTING 39818 92340 VERIZON CALIFORNIA INC 7719 92341 VERIZON EQUIPMENT SALES& SERVICE 51630 92342 VERIZON/MCI 42500 92343 VILLA TULIA PROPERTIES 5 774 00 92344 VILLAGE EQUIPMENT RENTALS INC 36300 92345 DENNIS WAITE 149 50 92346 DOREEN WEST 500 00 92347 WESTERN BANK OF CHINOOK 2 607 49 92348 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 208 931 82 92349 WILLIAM H LISKAMM FAIA 247603 92350 WENDY WORTHEY 6 112 50 9119/2007 Warrant 091407 3 OF 4 Page 5 of 10 SEPTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 92351 2UMAR INDUSTRIES INC 15920 TOTAL $ 1 158 739 31 P/E DATE 08/31/07 PAYROLL CASH $ 149 130 96 08/31/07 PAYROLL TAXES 58 152 44 08/31/07 PAYROLL CASH 34075 08/31/07 PAYROLL TAXES 8645 08/31/07 CALIFORNIA P E R S 100 564 51 08/31/07 CALIFORNIA P E R S 4 009 48 08/31/07 CALIFORNIA P E R S 47 829 65 GRAND TOTAL $ 1 518 853 55 I i i l t 9/19/2007 Warrant 091407 4 OF 4 Page 6 of 10 SEPTEMBER 14 2007 C= OF LAKE ]ELSINOR E WARRANT ]LIST CHUCK;# VENDOR NAME AMOUNT 91978 CHUCK MACKEY $ 3 487 50 92034 VOID ELSINORE READY MIX CO INC (1 191 38) 92167 THOMAS BUCKLEY 20650 92168 PREPAID LEGAL SERVICES INC 10360 92169 V S P VISSION SERVICE PLAN 1 633 73 92170 STANDARD LIFE INSURANCE 28200 92171 STANDARD LIFE INSURANCE 41440 92172 SBSD EVOC TRAINING 70000 92173 ICMA RETIREMENT TRUST CIO ALLFIRST BANK 4 014 00 92174 CASH CASHIERS CHECK TO RIVERSIDE COUNTY WASTE MANAGEMENT DEPARTME 1 98000 92175 THE L i U OF N A NATIONAL PENSION FUND 3 352 80 92176 LIUNA LOCAL 777 1 53900 92177 DEPUTY JOSEPH NARCISO 15000 92179 VOID 000 92180 92181 A&A JANITORIAL SERVICE 2 600 00 92182 A BETTER PARTY 16745 92183 ACTION PARK ALLIANCE INC 8 332 00 92184 ACTIVE NETWORK SERVICES 3 800 00 92185 ADVENTURES IN ADVERTISING 20180 92186 AMERICAN FORENSIC NURSES 49400 92187 AMERICAN MATERIAL CO 4328 92188 APPLE ONE EMPLOYMENT SERVICE _ 3 068 58 92189 ARTISAN GOLDSMITHS&AWARD 63427 92190 AW DIRECT INC 14588 92191 BANK OF AMERICA(0619) CITY MANAGER OFFICE 5388 92192 BANK OF AMERICA (2025) ENGINEERING/PUBLIC WORKS DEPARTMENT 21080 92193 BANK OF AMERICA(5336) FIRE STN#10 3984 f 92194 BANK OF AMERICA(5400)FIRE STN#94 36794 92195 BANK OF AMERICA(6673)LAKE&AQUATICS RESOURCES DEPARTMENT 8 00 92196 BANK OF AMERICA (6707)ADMINISTRATIVE SERVICES & HUMAN RESOURCES 28688 92197 BEN MEADOWS COMPANY INC 285 I 92198 BIO TOX LABORATORIES _ __ 1 768 69 92199 BLOOMFIELD GROUP INC 9 160 65 92200 BRUNSWICK COMMERCIAL&GOVT PRODUCT 124 276 00 92201 BUNDY CANYON TURF SUPPLY 17905 92202 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 24500 92203 CALOLYMPIC GLOVE 7 SAFETY CO 50288 92204 CANYON TIRE SALES INC 1 524 78 92205 CENTEX HOMES SO CA DIVISION 136 600 00 92206 CHERISHED MEMORIES PHOTOGRAPHY _ 31100 92207 CITY OF NEWPORT BEACH FIRE DEPARTMENT 25754 92208 COAST TO COAST WIRELESS INC 11082 92209 COLOR TECH COMMERCIAL PRINTING 1 605 48 92210 92211 COMPUTER ALERT SYSTEMS INC 1 164 00 92212 KIRT A COURY 4 736 62 92213 CUTTING EDGE STAFFING INC 527470 92214 D& K FABRICATION 1 295 00 92215 D & S ELECTRIC 30250 i 92216 DATA QUICK INFORMATION SYSTEMS INC 12950 92217 DEPARTMENT OF CONSERVATION DIVISION OF ADMINISTRATIVE SERVICES 1 671 43 92218 DIRECTV 7498 92219 DISCOUNT HAULING & CLEANUP SERVICE _ _ _ 75000 92220 DLT SOLUTIONS INC 1 53038 911912007 Warrant 091407 1 OF 4 Page 7 of 10 SEPTENMER 14 2007 CITY OF LAKE ELSINORE WARRANT ]LIST CHECK# VENDOR NAME AMOUNT 92221 CAROLE K DONAHOE A I C P 1 699 65 92222 DOWNS COMMERCIAL FUELING INC 6 919 93 92223 92227 E V M W D 29 301 33 92228 E D C SOUTHWEST RIVERSIDE COUNTY 4000 92229 ELECTRO TECH S 2 731 23 92230 ELITE ELEVATOR INC 18500 92231 ELSINORE HOMES 6 630 03 92232 92234 ELSINORE PIONEER LUMBER CO 67572 92235 ELSINORE READY M)X CO INC 1 191 38 92236 ELSINORE VALLEY RENTALS 25488 92237 ENVIRONMENTAL CLEANING 5 241 03 92238 ERIC M JOHNSTON 5000 92239 92243 EXCEL LANDSCAPE INC 17 609 24 92244 92246 FEDERAL EXPRESS CORPORATION 70410 I 92247 FRANKLIN COVEY 17449 t 92248 _ GARY&JUDY JACOBS 1 796 00 92249 THE GRAPHICS COMPANY 4 876 50 92250 92252 GREENSCAPE LANDSCAPE INC 17 091 23 92253 92255 HARRIS&ASSOCIATES INC 93 007 66 92256 HAULAWAY STORAGE CONTAINERS INC 21760 92257 HDR ENGINEERING INC 912050 92258 HEARTSAVERS OF TEMECULA VALLEY 50000 92259 HEWLETT PACKARD COMPANY 3 449 85 92260 HI WAY SAFETY INC 2 046 98 92261 IDVILLE 2975 92262 1 NFOQU EST TECHNOLOGIES INC 7485 92263 INLAND EMPIRE LOCK& KEY 9779 92264 INLAND EMPIRE MAGAZINE 99750 92265 INLAND URGENT CARE 14700 92266 INNOVATIVE DOCUMENT SOLUTIONS 1 334 87 92267 JEFF HAUSER MOBILE WELDING 6000 92268 JEFF LEWIN 1 28800 92269 JOHN DEERE LANDSCAPES 1 444 68 92270 JONES&STOKES ^ 10 000 00 92271 JOSE A GARCIA 5000 92272 LAKE BUICK PONTIAC GMC INC 7143 92273 LAKE CHEVROLET 1 839 54 92274 LAKE ELSINORE FLORIST&GIFTS 16227 92275 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 16 667 00 92276 LAKESHORE HOMES & DEVELOPMENT INC 2 260 00 92277 LA AR COMPANIES 1 00000 ' 92278 LEIBOLD MCCLENDON & MANN 55 466 26 92279 FREDRICH S LOPEZ 15000 92280 92283 LOW E S HOME CENTERS INC 2 403 91 92284 SANDRA MASSA LAVITT 1 340 00 92285 LINDA A MILLER 5 550 00 92286 MOBILE SATELLITE VENTURES L P 7285 92287 MORROW PLUMBING INC 2 151 34 92288 MSA INLAND EMPIRE/DESERT CHAPTER 4000 92289 MUNISERVICES L L C 1 08750 92290 NEAR CAL CORP 23 696 00 92291 NORTH COUNTY TIMES 643 62 92292 NORTHSTAR DEVELOPMENT 16015 9/19/2007 Warrant 091407 2 OF 4 Page 8 of 10 SE]PTEMBER 14 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 92293 OAK GROVE EQUITIES 12622 92294 OAKLEY SALES CORP 30000 92295 MARLENE PALTZA 11012 92296 92297 PETTY CASH 32233 92298 PITNEY BOWES PURCHASE POWER 3 000 00 92299 POWERLAND EQUIPMENT INC 5 000 00 92300 PREMIUM PALOMAR MT SPRING WATER 56100 E 92301 THE PRESS ENTERPRISE 2 533 35 92302 PRODUCTION VIDEO 3 025 00 0392304 PRUDENTIAL OVERALL SUPPLY 39430 92305 QUICK CRETE PRODUCTS CORPORATION 8 000 44 92306 QUILL CORPORATION 26977 92307 QWEST COMMUNICATIONS 1 244 19 92308 REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE 79 525 00 92309 REGIONAL CONSERVATION AUTHORITY 37 399 90 92310 RIGHTWAY SITE SERVICES INC 2 653 90 92311 COUNTY OF RIVERSIDE AUDITOR CONTROLLER 3 010 00 92312 ROADWORKS INC 30000 92313 ROBBINS PEST MANAGEMENT INC 48000 92314 DANNY 0 RODRIGUEZ 150 00 92315 SADDLEBACK LANDSCAPE &GARDEN CENTER 6 936 20 92316 SADDLEBACK MATERIALS COMPANY INC 1 090 70 92317 SAN DIEGO DAILY TRANSCRIPT 1 997 45 92318 SHARE CORPORATION 16805 92319 SHERWIN WILLIAMS COMPANY 22753 92320 SO CAL INT 1 05000 92321 DAVID S SOLOMON 3 420 00 92322 92323 SOUTHERN CALIFORNIA EDISON CO 49 716 26 92324 SOUTHERN CALIFORNIA GAS CO 10666 92325 STANDARD INSURANCE COMPANY 9 052 64 92326 92327 STAPLES BUSINESS ADVANTAGE 2 138 31 92328 STATE COMPENSATION INSURANCE FUND 18 585 83 92329 92330 STAUFFER S LAWN EQUIPMENT 91628 92331 BOB STOVER INC 4 657 50 92332 TEAM AUTOAID INC 53542 92333 TEMECULA COPIERS 39682 92334 TiCOR TITLE COMPANY 30000 92335 TRAFFIC CONTROL SERVICE INC 1 09226 92336 TWIN GRAPHICS 2 008 69 92337 UNION BANK OF CALIFORNIA 10 990 55 92338 UNITED PARCEL SERVICE 10529 92339 VENUS PRINTING 39818 92340 VERIZON CALIFORNIA INC 7719 92341 VERIZON EQUIPMENT SALES&SERVICE 51630 92342 VERIZON/MCI 42500 ! 92343 VILLA TULIA PROPERTIES 5 774 00 92344 VILLAGE EQUIPMENT RENTALS INC 36300 92345 DENNIS WAITE 14950 92346 DOREEN WEST 50000 92347 WESTERN BANK OF CHINOOK 2 607 49 92348 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 208 931 82 92349 WILLIAM H LISKAMM FAIA 2 476 03 92350 WENDY WORTHEY 6 112 50 9/19/2007 Warrant 091407 3 OF 4 Page 9 of 10 I SEPTEMBER 14 2007 CITY OF LAKE ]ELS][NORE WARRANT LIST CHECK# VENDOR NAME AMOUNT 92351 ZUMAR INDUSTRIES INC 15920 TOTAL $ 1 158 739 31 P/E DATE 08/31/07 PAYROLL CASH $ 149 130 96 08/31/07 PAYROLL TAXES 58 152 44 08/31/07 PAYROLL CASH 34075 08/31/07 PAYROLL TAXES 8645 08/31/07 CALIFORNIA P E R S 100 564 51 08/31/07 CALIFORNIA P E R S 4 009 48 08/31/07 CALIFORNIA P E R S 47 829 65 GRAND TOTAL $ 1 518 853 55 I I I I I I 9/19/2007 Warrant 091407 4 of 4 Page 10 of 10 MINUTES i JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE CALIFORNIA THURSDAY, FEBRUARY 1, 2007 CALL TO ORDER Mayor Magee called the Joint Study Session to order at 5 11 p m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS BUCKLEY (arrived at 5 13 p m ) I PRESENT COMMISSIONERS FLORES GONZALES MENDOZA ZANELLI O NEAL ABSENT COMMISSIONERS NONE Also present were City Manager Brady City Attorney Leibold Assistant City Attorney McClendon Deputy City Attorney Santana Administrative Services Director Pressey Community Development Director Preisendanz Information/Communications Manager Dennis City Engineer Seumalo Public Works Manager Payne Planning Manager Weiner Associate Planner Donahoe and City Clerk Ray DISCUSSION ITEMS A Development Review Community Development Director Preisendanz presented the Development Review Process and Environmental Procedure relative to the City of Lake Elsinore s Community Development Department He commented on each step taken when an application is submitted for approval from the Planning Commission and/or City Council He commented on the goal of the Community Development Department He noted that communication is key throughout the process and to being committed to addressing environmental implications of projects early in the process to avoid any issues later on 1 B Environmental Processes (CEQA and MSHCP Implementation) Community Development Director Preisendanz presented the Environmental Processing for Development He commented on each major component involved in the process He commented on the MSHCP analysis and benefits He stated that the Determination of Biological Equivalent or Superior Preservation (DBESP) could be addressed during the CEQA process He commented on the MSHCP being the largest plan in the nation covering 1 26 million acres Mayor Magee recognized the Executive Director of the RCA Tom Mullen He stated that through Mr Mullen s vision the MSHCP was brought together Mr Mullen complimented Community Development Director Preisendanz on his presentation He commented on the National Environmental Protection Act and California Environmental Quality Act He noted that he was working with the Army Core of Engineers in an attempt to come up with a clearer and more streamlined process that will accomplish in a more streamlined way what they believe to be the case with the MSHCP He noted that he recognized the jury was still out with the before mentioned He noted that the exclusive reason for the MSHCP was to accelerate the placement of infrastructure He commented on the traffic on surrounding highways and that prior to MSHCP there were many environmental issues Dennis Fahey commented on the City purchasing a number of lots on Lakeshore Drive for a deflated price He commented on the value of the land increasing as one gets further away from the lake Tom Tomlinson Castle and Cooke commented on the presentation He stated he was confused with the direction of the process He noted that the proposed City CEQA process as it relates to development concerns him He indicated that the process was hard from a developers standpoint since they start the process fairly early in the design of the development He stated that they try to coordinate the environmental concerns where they anticipate problem areas as they go through the development He noted that he had never been fond of preparing a lot of engineering or hopeful expectations on the side of a developer only to find out through a CEQA process or an Environmental Review at a later date —that some of things can be done and other things should not be done He stated that he was little confused with where the process was going and his understanding was that there was no change in the implementation of the City Policy He stated that he and his company have enjoyed working with the City He noted that his company had not done a lot through the MSHCP in their processes He noted that the experiences that they have had have not been favorable He stated that one of the issues had to do with a transportation element that was an exempted design infrastructure development on Nichols Road He stated that it had taken a long time to get through the process with the City LEAPS and CEQA He noted that if the project was not subject to the MSHCP the road would be open by now He noted 2 that what he heard during the presentation sounded very good and he would like to l see it help infrastructure and circulation elements i Jim Good indicated he was an Attorney for Gresham Savage Law Firm and was representing MCA in Corona which was a tale making company He noted that MCA owned a clay and aggregate mineral property to the north of Nichols Road on the east side of the 1 15 He noted that he had a very keen interest in the process because MCA would be submitting an application for a mining project which would lead to development for future commercial use He noted that they were most interested in the CEQA process He noted that he did not know the history of how the CEQA process had been handled He noted that he was a mining attorney and did not have a good handle on that kind of information He noted that from a mining perspective and where he has worked in various counties and agencies the process that had worked most efficiently for most mining projects had been where the lead agency will accept a draft Environmental Impact Report prepared by a j consultant hired by the mining applicant He noted that the draft had to be independently reviewed by the city or lead agency He noted that the process had been very efficient in regard to time and money He noted that when he reviewed the City s Policy that was adopted in 2000 he was unclear to exactly what was meant He noted that one section of the policy referred to the City having a contract prepared directly by a contractor of their own He noted that further on in the policy it stated that before using a draft prepared by another person the lead agency shall subject the draft to the agency s own review and analysis He noted that to him this meant that the draft had been prepared for the City under contract or that the draft had been submitted to the City as a proposed EIR He noted that he reviewed how the policy fit into State Guidelines 15084 He noted that the State Guideline indicated that any person including the applicant may submit information or comments to the lead agency to assist in the preparation of a draft EIR and that the submittal may be presented in any format including the form of a draft EIR He further noted that the State Guideline stated that the lead agency must consider all information and comments received and that the lead agency may chose any one of the following arrangements or combination for preparing a draft EIR which include 1) preparing the draft EIR directly with the agency s own staff 2) contracting with another entity 3) accepting a draft prepared by the applicant a consultant retained by the applicant or any other person or 4) executing a third party contract or MOU with the applicant to govern the preparation of a draft EIR by an independent contractor He stated that he was looking for some understanding He inquired if it would still be acceptable policy on part of the City to allow an applicant to pay for all the technical studies prepare a draft submit it to the City staff and have the City conduct an independent review He noted that he would like to see some policy direction given along that line i Mayor Magee requested that City Attorney Leibold comment on the policy for third party contracts and how they are handled 3 City Attorney Leibold commented that the City s practice required that the City contract with a CEQA consultant She noted that it had been the practice of the City Iguidelines since 2000 She stated there was no recommendation for any change l and the policy is consistent with the CEQA statutory law Chairman O Neal commented on the State CEQA guidelines in the handout specific to Item No 4 He noted that it was interesting that in the language that is used which stated it shall be prepared directly by or on third party contract He noted that there was no mention that there are two other ways that it could be prepared He noted that he was referring to Section D of 15084 specific to Items Nos 2 and 3 of the handout He noted Item Nos 2 and 3 in Section D were not mentioned in the City s Policy and that is where he felt the confusion came in He noted that he felt Item No 3 deals directly with the applicant hiring their own consultant Assistant City Attorney McClendon commented on a split of authority He commented on a case out of the second district Court of Appeals which stood for the proposition that a draft EIR can be accepted from the project applicant and reviewed by the agency He commented that the controlling authority for the City s jurisdiction came from a case out of Redlands in 1999 which stated that regardless of whether the applicant hires the City s consultant or their own in either event —the City has a contract with that consultant He noted that regardless of whether the applicants consultant is used or the City s consultant there should be a contract in order to comply with the literal language of 21082 1A Scott Thayer Castle & Cooke commented on the hiring of consultants and the challenges of high profile commercial development He inquired who would withstand the funding of those challenges He noted that from his perspective he would like the opportunity to select the consultant and hire them with the review of the City He noted that if something went wrong he would indemnify the City and pay for those challenges He commented on LEAPS and inquired what would happen if the process broke down Mayor Magee inquired on the process for choosing consultants He made reference to the City s list of approved environmental consultants and indicated that number one on the City s list was Castle & Cooke s consultant He inquired if there is ever an instance where the City arbitrarily selects a consultant Community Development Director Preisendanz explained the process for choosing a consultant He noted that it was normal procedure to consult with the applicant and ask the applicant what consultant they have used in the past He noted that if the consultant was on the City s list then staff would be more than happy to go forward with the applicants request Heidi McBroom Corman Leigh Communities commented on the inconsistencies with planners on different projects I 4 I. Jim Goode commented on Assistant City Attorney McClendon s comments regarding the guidelines He noted that he was well aware of the Redlands case He further noted that the guidelines were still considered law He indicated that he felt the guidelines allow the City to provide for an alternative method regarding the preparation of a draft EIR He urged that the policy be amended to provide the flexibility to follow the alternative CEQA preparation approaches Hardy Strozier Castle and Cooke commented on the MSHCP and CEQA policy He noted that he has been working in the community since the early 1980 s He noted that it was his belief that the MSHCP is currently adopted by the Council but not being implemented according to the Council MSHCP Policy He noted that staff currently interprets the MSHCP based on county staff and county consultants He noted that Council instructed staff in 2004 to plan for conservation of City land in the lower end of the acreage He noted that the Council also instructed staff to balance conservation with economic development He noted that the City encouraged sound planning and to let the private market place drive the development according to the General Plan He noted that in one instance the staff and City Attorney have t argued the county s position very forcefully to require land dedication when Castle & Cooke had two of their Senior Biologists interpret that the MSHCP did not require dedication of MSHCP land He noted that they have recently shown that the MSHCP baseline biology underlies the entire MSHCP He noted that what the county indicates as habitat many times is an error He noted that the county s staff position is to make determinations based on baseline biology in the MSHCP and not what is withstanding with what is in the field He noted that the county exclaimed that the field biology does not prevail over what is written in the MSHCP He noted that concerned him and other developers He noted that the City needed a policy to correct that Mr Strozier stated that the county s implementing approach meant that even if the MSHCP consenrat[on attributes reflected in the MSHCP cell can not be met because of incorrect biology the county would still want conservation of the amount of land i described in the cell despite the biology facts He noted that the county was after the numbers and not the biology and how animals can survive He noted that the county had modified their cells in linkage descriptions in Horsethief Canyon by board policy and declined to follow strict MSHCP modification procedures He noted that staff has also interpreted the MSHCP as requiring the 1 374 acre Pacific Clay property excluded by the MSHCP in mitigation to have the former acreage be made up or transferred elsewhere in adjacent land and cities Mr Strozier expressed that the City Council should prepare a new set of policy I guidelines for staff and land owners to follow in the implementation and interpretation of the MSHCP Mr Strozier noted that he was a lawyer and a planner He stated that he agreed with Mr Good in the sense that the State Guidelines are controlling He noted that the La Vina case clarified the State Guidelines He recited page 5 of the State 5 Guidelines which read before using a draft prepared by another person the lead agency shall subject the draft of the agency s own review and analysis The draft EIR which is sent out for public review must reflect the independent judgment of the lead agency He noted that if staff were to take on any other approach he would guarantee that the City would have maximum management overload He noted that the process that the City has been using to allow the landowner to prepare the EIR is a tried and true process Commissioner Flores commented on the third party necessities and indicated that he would like to review the contract He inquired if there had ever been an instance where a third party was not required Community Development Director Preisendanz commented that since he started with the City a third party contract had always been required for CEQA document preparation unless it was exempt + Commissioner Flores inquired if there was another solution without a third party I Community Development Director Preisendanz indicated that his guidance came from the City Manager and the City Attorney because of the legal implications He noted he would defer any legal advice to be given by the City Attorney Councilmember Buckley commented on the third party issue He noted that a CEQA document is a City document He noted that there had to be trust in the liability of the people preparing the CEQA documents He noted that the issue affected very few people I Assistant City Attorney McClendon commented that the City policy is a sound policy He noted that the policy avoids the appearance of impropriety or collusion which was something that the presiding justice in the dissent of the La Vina case very eloquently spoke on City Attorney Leibold commented that it was their interpretation based on the appellant court s decision governing the district that the rule is that the City needed to be the contracting entity She noted that the City would ultimately be the one to enter into contract on the matter of control and accountability Councilmember Buckley noted that the City had never forced a developer into a picking a particular consultant City Attorney Leibold confirmed that to her knowledge the City had never forced a consultant unwillingly upon a developer Mayor Pro Tern Hickman commented that a consultant can apply to the City to be added to the list of consultants He commented on Pacific Clay and the 1 400 acres 6 that the City was supposed to make up He further commented on the 1 15 and if the City was responsible for making up those acres Community Development Director deferred to RCA consultant Joe Monaco Joe Monaco consultant to Regional Conservation Authority commented that relative to the Pacific Clay properties and the settlement agreement in general there was no specific requirement to provide an acre for acre replacement of those lands He noted that the MSHCP was a habitat based plan He noted that the conservation estimates for the 146 covered species is based on a certain reserve design that anticipated certain levels of conservation in specific areas He noted that there are certain stances where they can not achieve the levels that were estimated for which the permit was based on He noted that they needed to demonstrate that they have conservation for 146 species He stated that they were currently in the process of evaluating the effects of the Settlement Agreement Properties and other actions and entitlements that were issued prior to adoption of the MSHCP He stated that there may be some additional acreage requirements He stated that those additional requirements may or may not be within the City of Lake Elsinore He stated that they expect to have some preliminary estimates in the coming weeks Councilmember Buckley noted that if Pacific Clay is exempt was it possible that the rest of the City will have to make up for what Pacific Clay does not do because they kept themselves out of the plan Joe Monaco stated that was not correct City Manager Brady commented that staff had never stated that the 1 374 acres needed to be replaced Community Development Director Preisendanz confirmed that no one was ever told that there was acreage to make up Mayor Pro Tem Hickman inquired when an applicant would manually be able to check on the progress of the project Community Development Director Preisendanz stated that when projects first come in they are noted with a number He indicated that it took a lot of time to evaluate which planner was going to get which project He stated that the City was currently preparing the process to use the Navaline System He noted that at some point in the near future it would be computerized He stated that currently the projects are logged into a book and also put into a computer application Councilmember Schiffner commented on the selection of consultants and the need to be particular about the selection 7 Councilmember Kelley thanked the Planning Department for their thorough presentation She noted that she had never been fond of the MSHCP and she had voted no for the MSHCP because she felt Lake Elsinore became a huge land bank for everyone else She stated that the City of Lake Elsinore gave up more acreage Cthan other areas did She noted that she felt the science was not exact She commented that Lake Elsinore was unfairly targeted with a lot of extra land She inquired if projects were moving through RCA in a timely manner Community Development Director Preisendanz indicated the process was moving through in a timely manner He stated that Environmental Planner Wendy Worthy was involved with working on CEQA and the MSHCP Councilmember Kelley stated her concern with inconsistencies between planners Community Development Director Preisendanz stated that the inconsistencies that Councilmember Kelley was referring to had to do with the incomplete letters within the first 30 days He stated that the City had 30 days to deem the project complete or incomplete He noted that in the past there were incomplete items added with the design review comments He stated that currently in order to get more complete plans all planners have been instructed to prepare an incomplete letter within the 30 days and provide design comments up front Mayor Magee commented on Mr Strozier s statement regarding the implantation of the MSHCP being inconsistent with Council direction He noted that he remembered specifically that the City did want to err on the side of economic development He noted his disappoint with Mr Monaco s comments regarding the 1 300 acres He noted that Mr Monaco s comments were unacceptable He indicated that they have had three years to try and figure it out He indicated that the City needed to know the exact number He called upon the RCA to help the City get to their required MSHCP conservation acreage as soon as possible Mayor Magee indicated that the City had the final say if there was an interpretation issue He indicated that the development community has conveyed that City staff had not been aggressive enough in disagreeing with the RCA s interpretation when the developer felt that the project could move forward Community Development Director Preisendanz stated that the Planning Department had reviewed the JPR process in light of the Implementation Agreement He noted that the Planning Departments understanding of the Implementation Agreement was that through the JPR Findings of Consistency would come through the RCA He noted that there were some cases where there would be a balance of development and conservation He noted that he did not let the RCA dictate to the City what was right and what was wrong Mayor Magee commented that he would like to see things moving forward rather than languishing and if there is a dispute he would like it to be brought forward to the 8 Council to make the decision even if the recommendation is one of denial he would like it brought forward along with the facts and to get it into the public hearing process He noted his concern regarding the comment about field biology being inconsistent with what is identified on the MSHCP He commented that he verified information shared with him by Mr Strozier and was disturbed by the findings He noted that the MSHCP calls it one thing and the actual flora and fauna in the area are different He stated that the City needs a policy change for these inconsistencies Joe Monaco RCA commented on the vegetation map being updated and that the vegetation database layer that was used in the MSHCP is not accurate and does not reflect what is on the ground He stated that the California Department of Fish and Game recently updated the vegetation mapping which gave them a more current database to work off of He noted there has not been a comprehensive comparison plan area wide of differences such as naming conventions used in the classification system He stated the updated vegetation map is not substantially different from the map used to prepare the MSHCP Mayor Magee questioned City Attorney Leibold regarding amending the City s policy City Attorney Leibold stated that the process is outlined in MSHCP as criteria refinement Mayor Magee commented that since the City is the single largest incorporated contributor to the MSHCP the RCA should grant the City priority processing He noted Executive Director Mullen nodding in agreement Councilmember Schiffner commented that any of the problems found in the system should be brought to the Councils attention and he would be happy to take the problems to the RCA Board Mayor Magee reiterated that the only policy change that he had heard in regard to third party contracts was from the development community and not from the City s attorneys staff or City Council Mayor Magee stated that the summary of what he had heard from Council was to keep projects moving forward even if it meant a recommendation for denial review for consistency continue to be consistent with existing Council Policy and when evaluating a project continue to foster economic development City Manager Brady commented that he wanted to assure the City Council and the + development community that staff was very aware of the need for economic development and providing for the needs goods services and requirements of the community and providing the funds necessary to provide other programs that the City needs 9 Mayor Magee thanked everyone for their attendance and for being involved in the discussion PUBLIC COMMENTS There were no public comments ADJOURNMENT The Joint City Council/Planning Commission Study Session was adjourned at 7 00 p m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE MICHAEL O NEAL CHAIRMAN PLANNING COMMISSION ATTEST MICHELLE SOTO DEPUTY CITY CLERK G 1 10 I MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, FEBRUARY 27, 2007 CALL TO ORDER i Mayor Magee called the Joint Study Session to order at 4 00 p m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY MAGEE SCHIFFNER ABSENT COUNCILMEMBERS BUCKLEY Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Community Services Director Sapp Lake & Aquatic Resource Director Kilroy Information/Communications Manager Dennis City Engineer Seumalo Planning Manager Weiner Public Works Manager Payne Building & Safety Manager Chipman Associate Planner Donahoe RDA Project Analyst McCarty City Treasurer Weber and Deputy City Clerk Soto DISCUSSION ITEMS Mayor Magee gave an overview of the presentations and confirmed that the awardees would be present at the 7 00 p m meeting CONSENT CALENDAR 1 Minutes a Joint City Council/Redevelopment Agency/Public Finance Authority Study Session — January 9 2007 b Special City Council Meeting — January 9 2007 c City Council Meeting — January 9 2007 1 2 Warrant List— February 15, 2007 Mayor Pro Tern Hickman requested clarification of various checks issued on the warrant list Staff clarified the items 3 Additional implementation documents to Concession Agreement with Destination R V Resorts ^' Mayor Pro Tern Hickman inquired on Amendment 1 City Attorney Leibold clarified the item Mayor Magee inquired when the project would be completed Lake & Aquatic Resource Director Kilroy commented that the applicants have an estimated two years to complete the work Mayor Magee stated that the applicant should start paying for their own trash bill starting on March 1 2007 4 City acquisition of Real Property from the Michael P Mackey and Elene F Mackey Trust, Tyra L Elliott, and David and Elizabeth Harrold No comment 5 Request for participation Mayor Pro Tern Hickman inquired if the item was a one time payment Community Services Director Sapp stated that over the next three years money would be put aside toward building a gymnasium at Terra Cotta Middle School Mike Satley Director of Facilities with Lake Elsinore Unified School District stated that the protect is still preliminary but is estimated to cost about $3 million to construct He stated their need for a joint partner in order to access funds from the grant program Councilmember Kelley inquired whether the gym would be open for use during the summer months Mr Satley stated that those details have not been worked out yet Community Services Director Sapp stated that this project would have no impact to the Community Center but would allow for more programs 2 Councilmember Schaffner inquired whether or not Council would have the opportunity to reconsider this project Mr Satley stated that there has been no agreement as of yet and that the School District needed to get a partner in order to participate in the grant program the state is offering Councilmember Schfffner stated he would like more details City Treasurer Weber inquired whether or not the county would be able to contribute toward the project Mr Sately stated that the School District is obligated to the state to obtain a participant for a quarter of the funds He stated the county has not been contacted regarding the project Mayor Magee inquired about expanding the agreement to include the Lakeland Village Middle School gymnasium Mr Sately stated that would be a different program and Community Services Director Sapp would have to meet with Darren Waters Superintendent of Business Services Mayor Magee noted all of the park amenities in the City and stated the south side of the City is in need of more parks Community Services Director Sapp stated he will be beginning negotiations on a Joint Use Agreement for use of Lakeland Village Middle School 6 Faithful Performance Agreement and Bond No comments 7 Purchase & stocking of hybrid striped„bass_in lieu of carp removal Mayor Pro Tern Hickman inquired if the hybrid striped bass would work and what size fish would be added to the lake Lake & Aquatic Resource Director Kilroy explained the process Councilmember Schiffner inquired on the size of the fish that were last put in the lake Lake & Aquatic Resource Director Kilroy stated there is no data at this time 3 f I Mayor Magee inquired if the City had spoken to EVMWD regarding the matter I Lake & Aquatic Resource Director Kilroy stated that the City is following the fishery management plan and biological study for stocking the lake Mayor Magee commended Lake & Aquatic Resource Director Kilroy on his good work regarding the item I 8 Purchase of Lake Patrol vessel Mayor Magee inquired if the 1984 Boston Whaler would show up on the j Surplus Sale list soon City Manager Brady confirmed 9 Final Map No 32337 2 No comments 10 Venzon Internet Service Provider Agreement No comments I 11 ACOM Secure Laser Check Printing Solution Purchase No comments PUBLIC HEARING 21 Request for -approval of a Resolution of Necessity and authorization to commence eminent domain proceedings to acquire Real Pro atty necessary P , for the improvement of Nichols Road David Frymire property owner noted he will be presenting a letter from his attorney discussing his objections at the 7 00 p m meeting BUSINESS ITEMS 31 Second readin — Ordinance No 1209 —AmeadLn&applicable chapters of the Lake Elsinore Municipal Code by modifying Chapter 17 48 to allow card rooms as a conditional use, subject to a Conditional Use Permit No comments 4 32 Second reading — Ordinance No 1210 — Approving Zone Change No 2006 10 to re zone the properties located at 20930, 20970 and 21000 Malaga Road from Neighborhood Commercial to General Commercial No comments 33 Second reading — Ordinance No 1211 — Amendjn_q Section 2 08 030 of the Lake Elsinore Municipal Code codifying Redevelopment Agency Board Member compensation No comments 34 Community Facilities District No 98 1 (Summerhill Public Improvements) — Debt Service Reduction Mayor Pro Tern Hickman requested clarification Don Hunt Fulbright & Jaworsky stated the funds were received from the settlement and the sale of defaulted property in North Lake Elsinore 35 Sub Committee recommendation for Public Safety Advisory Commission Appointment Councilmember Kelley commented on her recommendation for the Public Safety Advisory Appointment and how she would like to keep the second recommendation on file for future appointments She noted that she and Mayor Pro Tern Hickman selected Dr Shawn Bhutta to serve on the PSAC Mayor Pro Tern Hickman concurred 36 Resolution authorizing the refunding of bonds for Community Facilities District No 90 2 (TuscanV Hills Public Improvements) City Treasurer Weber commented that additional years would not be added on to the bond He stated that the item would lower payments and decrease taxes He inquired on what the bonds would be sold for Don Hunt Fulbright & Jaworsky stated that the project is Triple A rated and interest rates are reasonable He also stated that they would communicate with the City and let them know where the rates are He noted that if they were not providing sufficient savings they would recommend the bonds not be sold on that day Mayor Pro Tern Hickman commented on the interest rates being lowered during times of recession 5 i I Mr Hunt stated there is a lot of speculation on interest rates and rates on bonds have been at historical lows He stated that based on rates today the City can achieve an excess of $100 000 a year debt service savings on this bond issue He stated the numbers are significant in terms of savings today 37 Approval of sub lease with County of Riverside for Animal Shelter Construction City Treasurer Weber requested clarification on the contract and overspending City Attorney Leibold stated the project would be handled like a construction agreement City Treasurer Weber commented on operating costs Community Services Director Sapp commented on the breakdown of the life of the bonds I Mayor Pro Tem Hickman commented on budget items and cost He inquired about the $2 million City reimbursement Community Services Director Sapp stated the money the county collects for the life of the bond will have to go back to the animal control services and the City will have its 3% a year to put back into animal control service or back in the general fund He stated Lake Elsinore has the highest rate of animals turned in according to Animal Friends Mayor Pro Tem Hickman inquired about a fundraiser for the animals to help this bond issue go down Community Services Director Sapp stated that fundraisers have been held and donations have been given to help expedite the project Mayor Pro Hickman inquired on the amount of service hours that are provided to Lake Elsinore compared to Temecula and Murrieta Community Services Director Sapp stated they are not contracted by the hour He stated they are to provide services between certain hours and canvassing is one of the services they are to provide according to the agreement I 6 I Mayor Pro Tern Hickman inquired about a Development Impact Fee from the new homes to help pay for the animal shelter City Attorney Leibold stated there is a DIF that is being assessed to new homes as part of the public facilities and building fee which includes the animal control service facility Community Services Director Sapp stated that the new facility will be a state of the art building designed to serve the needs of today and the next 30 years Councilmember Kelley inquired on the allotted time the City currently has for I animal services She also inquired on the shelter taking in animals from the Horsethief Canyon area Chris Anderson Animal Friends of the Valley stated the contents of the Contract She noted more hours are recommended in order to bring down the percentages and educate the community She also stated the shelter planned to take in animals from Horsethief Canyon Councilmember Schaffner inquired on what the City was provided during a ' five hour shift Willa Bagwell Animal Friends of the Valley stated what was provided to the City She noted it included quarantines providing backup to the police department during drug raids patrolling for stray animals chronic problems barking/dangerous animals and community education Councilmember Schaffner inquired on what was being done different in Temecula and Murneta in a 12 hour shift Ms Bagwell stated that they spend more time educating the community therefore have a low animal turn in rate City Treasurer Weber inquired on the junk bond status between Murneta and Lake Elsinore Ms Anderson stated what the procedures are in getting a bond rating Mayor Pro Tern Hickman inquired if the project could be fit into the budget Administrative Services Director Pressey stated that with a small shortfall the facility was affordable He also stated the areas to make up for the small shortfall 7 Don Hunt Fulbright and Jaworsky stated he was hesitant to comment due to lack of knowledge on the particular topic Councilmember Kelley inquired on the possibility of increasing the field service to 12 hours and what the standard rate would be Ms Anderson stated the cost would increase approximately $75 000 to $90 000 more Ms Bagwell stated that with more hours the City would be better able to solve problems in the field and get the community to comply with animal ordinances She also stated 8 hours would be sufficient to provide animal control Ms Anderson stated the increase for 8 hours would be $50 000 Mayor Magee stated his concerns with the County of Riverside managing the project He noted that he had spoken with the County Supervisor and he is moving to get the JPA to guarantee a bid and lock in the price this will prevent the City from searching for funds to cover additional costs He commented on the change regarding the animal turn in rate he noted he was under the assumption the number of the animals turned in would go down Community Services Director Sapp stated the numbers would be vaned Mayor Magee thanked Animal Friends of the Valley for their work in the community over the last 20 years Councilmember Kelley stated that the percentage rate would not come down without extending service hours Mayor Pro Tern Hickman commented on putting conditions on the vote for the project Community Services Director Sapp stated that there was a breakdown of what each city would be paying on the credit enhancement fee REDEVELOPMENT AGENCY CONSENT CALENDAR 1 Minutes No comments 2 Warrant List 8 1 No comments 3 Additional implementation documents to Concession Agreement with Destination R V Resorts No comments ti BUSINESS ITEMS i None f ADJOURNMENT The Joint City Council/Redevelopment Agency Study Session was adjourned at 5 19 p m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO INTERIM CITY CLERK { 1 9 i I MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27, 2007 I CALL TO ORDER The Regular Ctty Council Meeting was called to order by Mayor Magee at 5 00 p m ROLL CALL PRESENT MAYOR MAGEE VICE MAYOR HICKMAN I COUNCIL MEMBER KELLEY COUNCIL MEMBER SCHIFFNER ABSENT COUNCILMEMBER BUCKLEY Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Community Services Director Sapp Lake & Aquatic Resource Director Kilroy Planning Manager Weiner Information/Communications Manager Dennis City Engineer Seumaio Public Works Manager Payne Lieutenant Russ Wilson City Treasurer Weber and Deputy City Clerk Soto CLOSED SESSION The regular City Ccouncil meeting was recessed into closed session at 5 00 p m RECONVENE IN PUBLIC SESSION 7 00 P M PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer 1 ROLL CALL PRESENT MAYOR MAGEE VICE MAYOR HICKMAN COUNCIL MEMBER KELLEY COUNCIL MEMBER SCHIFFNER ABSENT COUNCILMEMBER BUCKLEY (Arrived at 7 08) Aiso present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Community Development Director Preisendanz Community Services Director Sapp Lake & Aquatic Resource Director Kilroy City Engineer Seumalo Information/Communications Manager Dennis City Treasurer Weber and Deputy City Clerk Soto CLOSED SESSION A PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov t Code § 54957) City Manager B CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code § 54956 8) Property APNs 375 350 012 016 017 030 031 035 036 057 Negotiating parties City of Lake Elsinore and Margaret Small First American Trust Symantha Pham and Glenda Patton Under negotiation price and terms of payment C CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code § 54956 8) Property APNs 389 100 015 389-100 016 389 100 019 389 100 024 389 100 025 Negotiating parties City of Lake Elsinore and David L & Margot M Frymire Wanda Myers & Tyra Elliott Michael P & Elene F Mackey Trust David & Elizabeth Harrold Under negotiation price and terms of payment I CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above She noted that items A B and C were discussed and there was no reportable action PRESENTATION/CEREMONIALS A Proclamation — RTA i 2 I Mayor Magee called RTA Representative Mayor Pro Tern Hickman to the podium Mayor Magee read and presented the Proclamation to Mayor Pro Tern Hickman Mayor Pro Tern Hickman accepted the proclamation and stated that it has been a pleasure to serve as the liaison to the RTA and he stated the services provided by RTA B Proclamation — Eagle Scout Steven Anthony Mayor Magee called Steven Anthony to the podium Mayor Magee read and presented the Proclamation to Mr Anthony Mr Anthony accepted the proclamation and thanked all who assisted him with his project PUBLIC COMMENTS — NON AGENDIZED ITEMS — 1 MINUTE Barbara Brockman, Lake Elsinore Citizens Committee extended an invitation to everyone to the first quarterly meeting of 2007 at the Tuscany Hills Recreation Center on March 1 2007 at 7 00 p m Bill Arnold thanked council for CFD 98 1 debt service reduction Leiloni Purcell, Friends of the Library stated they received a $15 000 grant from Verizon in order to purchase wireless computers for their new computer lab CONSENT CALENDAR ITEMS MOVED BY BUCKLEY SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO PULL ITEM NOS 5 AND 10 AND APPROVED THE BALANCE OF THE CONSENT CALENDAR WITH MAGEE VOTING NO ON ITEM NO 3 1 The following minutes were approved a Joint City Council/Redevelopment Agency/Public Finance Authority Study Session — January 9 2007 b Special Council Meeting — January 9 2007 c City Council Meeting — January 9 2007 2 Ratified Warrant List — February 15 2007 3 3 Approved First Amendment to the Concession Agreement and authorized the Mayor to execute the document subject to BCP entering into a Management Agreement with Destination RV and any minor modifications as may be approved by the City Attorney 4 Approved the Assignment and Assumption Agreement and authorized the Mayor to execute the document subject to BCP entering into a Management Agreement with Destination R V and any minor modifications as may be approved by the City Attorney Approved the Estoppel Certificate and authorized the Mayor to execute the document subject to BCP entering into a Management Agreement with Destination R V and any minor modifications as may be approved by the City Attorney Approved the Non Disturbance Agreement and authorized the Mayor to execute the document subject to any minor modifications as may be approved by the City Attorney 5 Approved the Agreement for the purchase and sale of real property Authorized the City Manager to execute any ancillary documents necessary to implement the terms and conditions of the Agreements including (without limitation) the acceptance of the Grand Deed 6 Authorized the City Manager to enter into Faithful Performance Agreements with Bonds/Certificates of Deposit for development projects in the City 7 Approved the purchase of 4 000 pounds of hybrid striped bass and exception to bid procedure for sole source vendor 8 Granted an exception to the bid process and approved the purchase of a Boston Whaler patrol boat for use as a law enforcement vessel on the waters of Lake Elsinore 9 Approved Final Map No 32337 2 and directed the City Clerk to accept all dedications sign the map and arrange for the recordation of Final Map No 323372 10 Authorized the City Manager to execute a purchase order for the purchase of the ACOM Secure Laser Check Printing Solution 4 ITEMS PULLED FROM THE CONSENT CALENDAR 5 Request for participation Councilmember Buckley requested that the item be continued to the next meeting Community Services Director Sapp stated that the LEUSD was asking for a partner to submit a grant for conceptual approval Mayor Pro Tern Hickman stated that Mayor Magee requested that the same be done for Lakeland Village Middle School MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BYA UNANIMOUS VOTE TO CONTINUE THE ITEM TO THE MARCH 13, 2007 CITY COUNCIL MEETING 10 Venzon Internet Service Provider Agreement i Councilmember Buckley inquired whether or not Verizon was broadcasting the City Council meetings on a local channel as promised He stated that breach of contract by Verizon will need to added to the agenda MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM PUBLIC HEARINGS 21 Request for approval of a Resolution of Necessity and authorization to commence eminent domain proceedings to acquire Real Property necessary for the improvement of Nichols Road Mayor Magee opened the Public Hearing at 7 22 p m City Attorney Leibold commented on the Nichols Road Alignment project and the acquisitions of the properties needed in the realignment She stated the City had successfully negotiated for the acquisition She stated the resolution was a necessary step towards the commencement of eminent domain i David Frymire, owner of a property on Nichols Road stated that the property was purchased in May 2006 and at that time they were provided with maps He noted that there were no maps showing a proposed configuration He stated maps and dates of approval were requested but never provided He indicated he had received an unacceptable offer letter from Castle & Cooke for his property He stated that he mailed a letter to the Council and received no response He stated that he did not receive a notice on when the actual realignment would 5 i i occur and that it had affected the value of his property He stated that he should have been notified in writing He noted that in his letter he asked if the Council was considering eminent domain this letter was addressed to each Councilmember dated August 8 2006 Mr Frymire read his letter to Council David Varner, Real Estate Consultant stated he assisted Mr Frymire with the purchase of the property He stated there were many representations prior to the purchase with no mention of realignment He stated the item was a benefit and cost savings for Castle & Cooke He stated the City has been of no assistance and has not offered or provided any information to the Frymire family Mayor Magee inquired if there were any were any other requests to speak in favor or opposition of this matter There being none Mayor Magee closed public hearing at 7 34 p m City Attorney Leibold stated that she replied to Mr Frymire s letter and she would provide a copy of her response She stated that the City has tried to negotiate in good faith and offered full fair market value and that was rejected She noted a counter offer was provided She stated that any promised information will be provided right away MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 23 AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE FRYMIRE LOT BUSINESS ITEMS 31 Second Reading — Ordinance No 1209 — Amending applicable chapters of the Lake Elsinore Municipal Code by modifying Chapter 17 48 to allow card rooms as a conditional use subject to a Conditional Use Permit MOVED BY KELLEY SECONDED BY BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO 1209 ORDINANCE NO 1209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING APPLICABLE CHAPTERS OF THE LAKE ELSINORE MUNICIPAL CODE (LEMC) BY MODIFING CHAPTER 17 48 (C 2, GENERAL COMMERCIAL DISTRICT) TO ALLOW `CARD ROOMS' AS A CONDITIONAL USE SUBJECT TO A CONDITIONAL USE PERMIT 6 THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 32 Second reading — Ordinance No 1214 --Approving Zone change No 2006 10 to re zone the properties located at 20930 20970 and 21000 Malaga Road from Neighborhood Commercial to General Commercial MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING BY TITLE ONLY, ORDINANCE NO 1210 ORDINANCE NO 1210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANE NO 2006 10 TO RE-ZONE THE PROPERTIES LOCATED AT 20930, 20970 AND 21000 MALAGA ROAD FROM (C 1) NEIGHBORHOOD COMMERCIAL TO (C 2) GENERAL COMMERCIAL THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 33 Second reading — Ordinance No 1211 — Amending Section 2 08 030 of the Lake Elsinore Municipal Code codifying Redevelopment Agency Board Member compensation MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO 1211 7 ORDINANCE NO 1211 i ! AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 2 08 030 OF THE LAKE ELSINORE MUNICIPAL CODE CODIFYING REDEVELOPMENT AGENCY BOARD MEMBER COMPENSATION i THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE I ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 34 Community Facilities District No 98 1 (Summerhill Public Improvements) — Debt Service Reduction Administrative Services Director Pressey presented the debt reduction plan he stated that the settlements had come forward to reduce debt service on an annual basis for the remaining life of the bonds Eric Shelbourne commented that as a homeowner in the Summerhill area he appreciated the debt reduction and thanked the Council Councilmember Buckley stated this was a group effort along with the people of Summerhill Mayor ProTem Hickman stated he is happy to decrease taxes MOVED BY BUCKLEY, SECONDED BY HICKMAN, CARRIED BY A UNANIMOUS VOTE TO APPROVE THE DEBT SERVICE REDUCTION 35 Sub Committee recommendations for Public Safety Advisory Commission appointment Councilmember Kelley stated that she was on the subcommittee along with Councilmember Hickman and was very impressed with the quality and number of applicants She recommended one (1) applicant Mr Shawn Bhutta for appointment with a recommended back up for the next appointment Mr Shawn Bhutta introduced himself to the Council he stated he is a teacher at Elsinore High School 8 Mayor Pro Tern Hickman stated that Mr Bhutta was involved with setting up the anti graffiti project in the High School Mayor Magee stated the other recommended name will be held by the City Clerk along with the application and meeting minutes from the previous two meetings to be considered for the next appointment MOVED BY KELLEY, SECONDED BY HICKMAN, CARRIED BY A UNANIMOUS VOTE TO APPROVE APPLICANT APPOINTMENT TO THE PUBLIC SAFETY ADVISORY COMMISSION i 36 Resolution authorizing the refunding of bonds for Community Facilities District No 90 2 (Tuscany Hills Public Improvements) Administrative Services Director Pressey commented on the bond issue and noted the significant savings to each household Mayor Pro Tern Hickman stated he resides in Tuscany Hills and is very pleased with the reduction i MOVED BY HICKMAN SECONDED BY SCHIFFNER CARRIED BY A UNIANIMOUS j VOTE TO ADOPT RESOLUTION 2007 24 APPROVAL OF THE REFUNDING OF THE 1999 BONDS AND THE ISSUANCE OF THE BONDS BY THE DISTRICT 37 Approval of sub lease with County of Riverside for animal Shelter Construction Community Services Director Sapp presented the Animal Shelter Project he also noted the cities involved and the cost for the shelter Christine Anderson President of Animals Friends of the Valley presented an overview of the Shelter project its amenities costs and fund raising events Jimmy Flores stated he supported the project Cynthia Page encouraged the Council to be in support of this project Cindy Gelback read a letter on behalf of veterinarian Dr Anderson and Animal Rescue Company She stated too many animals were being euthanized due to lack of space and inadequate facilities Sharon Bernson read a letter from a veterinarian regarding euthanasia procedures She also urged the Council to support this project Lowanna Maxwell encouraged Council to support this project 9 i Mary Craton, Mayor of Canyon Lake, she stated that Canyon Lake is 100% behind this project Madeline Barnett stated that she has the documents from 1987 the founding year of Lake Elsinore Animal Friends She stated that in unity there is strength and the community must ban together to help the animals She also encouraged the Council to vote yes on this project Phil Williams representing EVMWD commented that the community is in need of this facility He commented on previous animal services within the city He stated he was in support of this project Phil Pauley, District Director for Congressman Issa and a honorary board member of Animal Friends he encouraged Council to support the shelter Carole Lewis stated she was in favor of the shelter and encouraged the Council to vote in favor of this project 1 Councilmember Buckley commented on the need for a new better shelter He ` stated the cost is fair for the amount of animals in our rural area Councilmember Kelley commented on the portrayal of the Council in the newspaper She stated the only concerns were financial and questioned if the City can afford this project Administrative Services Director Pressey stated that the City can afford this project Councilmember Kelley commented on doing this project cheaper and it is financially more feasible to go with the JPA She commented on educating the public on the high cost of not caring for their animals She also suggested adding to the amount of field hours Mayor Pro Tern Hickman stated an increase in service hours may be feasible He stated fundraisers can help with the extra cost Councilmember Schiffner commented on the high percentage of animals compared to neighboring cities He stated not being able to obligate the citizens of Lake Elsinore to pay for the next 30 years for this project He stated not being in support of this project Mayor Magee commented that there is a responsibility to care for animals and does not want to repeat the misguided vision of the past I i i 10 MOVED BY MAGEE, SECONDED BY BUCKLEY CARRIED BY A VOTE OF 4-0 1, COUNCILMEMBER SCHIFFNER ABSTAINED THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9 00 P M THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 9 06 P M PUBLIC COMMENT No comments CITY MANAGER COMMENTS City Manager Brady commented on the following 1) On the upcoming community calendar events CITY ATTORNEY COMMENTS I jNo comments COMMITTEE REPORTS None CITY TREASURER COMMENTS No comments CITY COUNCIL COMMENTS Councilmember Kelley commented on the following 1) Community events during May 2) Congratulated Friends of the Library on their grant Councilmember Schiffner commented on the following No comments Mayor Pro Tern Hickman commented on the following 1) Thanked Community Services Director Sapp for replacing trees in Lake Point Park 11 Councilmember Buckley commented on the following 1) Stated he was pleased with decision made on the animal shelter Mayor Magee commented on the following 1) Proposition 1 B Bond funds for transportation 2) The newspapers failure to report good items 3) Closed meeting in honor of those serving our nation The Regular City Council Meeting was adjourned at 9 06 p m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE i ATTEST I MICHELLE SOTO INTERIM CITY CLERK i I i 12 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 27, 2007 CALL TO ORDER i Mayor Magee called the Joint Study Session to order at 4 00 p m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY MAGEE SCHIFFNER j ABSENT COUNCILMEMBERS BUCKLEY Also present were City Manager Brady Administrative Services Director Pressey Community Development Director Preisendanz Community Service Director Sapp Planning Manager Weiner Public Works Manager Payne Building & Safety Manager Chipman City Engineer Seumalo Assistant Planner Carlson Administrative Specialist Dana Porch6 DISCUSSION ITEMS Mayor Magee gave an overview of the presentations and confirmed that the awardees would be present at the 7 00 p m meeting CONSENT CALENDAR 1 Warrant List — March 15, 2007 Mayor Pro Tern Hickman inquired on 89690 and 89691 Cornerstone Church Administrative Services Director Pressey stated that it is a refund for a three CRS accounts Mayor Pro Tern Hickman inquired about the status of the lighting on Lakeshore Drive 1 City Manager Brady gave an update and stated the lights should be operational by the end of April Mayor Pro Tern Hickman commented on the credit card for the Community Services Department i Community Services Director Sapp stated that it is used between various departments 2 Public Safety Advisory Commission 2006 Annual Report Mayor Pro Tern Hickman commended the report Councilmember Kelley commented on the amount of work done 3 Purchase of two utility bed pickup trucks i Mayor Pro Tern Hickman inquired if the new pickups were replacing other vehicles Public Works Manager Sapp stated they are replacing other vehicles Mayor Magee thanked Public Works Manager Payne for shopping locally 4 Purchase of compact tractor loader Mayor Pro Tern Hickman inquired of the abilities of the tractor Public Works Manager Payne noted the advantages of the tractor Mayor Magee commended Public Works Manager Payne on a job well done 5 Award Contract— Street Striping and Marking Maintenance Mayor Pro Tern Hickman inquired about the discrepancy in price Public Works Manager Payne commented on the overhead and the size of the PCI Company Mayor Pro Tem Hickman commented on correcting the striping on various streets Councilmember Kelley commented on other areas in need of corrective striping 2 6 Amendment to City Manager's Employment Agreement No comments 7 Additions to Agreement for Professional Services — STK Architecture, Inc — Architectural and construction management services for Rosetta Canyon_ Fire Station, Park and Design of Community Center Mayor Pro Tem Hickman inquired on why the size of each Fire Station is not identical City Manager Brady stated that there will be more bays in a heavy urban station Mayor Pro Tem Hickman commented on the different phases Administrative Services Director Pressey commented on the cost of each phase I Councilmember Schiffner inquired on the construction of Phase 1 not including the baseball diamond Administrative Services Director Pressey confirmed that the baseball diamond and the concession building are not included Mayor Pro Tem Hickman inquired about installing a cover over the tot lot for heat protection Community Services Director Sapp confirmed there will be a built in shade structure Councilmember Schiffner inquired when construction will start on Phase 1 Administrative Services Director Pressey stated that Phase 1 construction will start approximately around June 12t' I 8 Resolution adopting the City of Lake Elsinore Emergency Operation Plan City Manager Brady commented on staff preparing the program He thanked Public Works Manager Payne for his work in preparing and training the staff in the Emergency Response program He also stated that the City is prepared in the event of an emergency Mayor Magee thanked Public Works Manager Payne for his efforts in the program 3 Councilmember Schiffner inquired on the Police and Fire Department commenting on the program City Manager Brady confirmed and stated that the Police and Fire Department are part of the emergency response plan 9 Tree Removal — City Park Councilmember Kelley commented on the trees that are being removed and replaced Community Services Director Sapp stated that the trees will be replaced and will be part of the next fiscal budget He stated the current trees are disrupting the sewer lines He also commented on the types of trees that will be planted Councilmember Kelley commented on the concern for the community s response to the tree removal She inquired on when the trees will be removed i Community Services Director Sapp stated that he has not received any negative response He stated that this is being done as a safety precaution He also stated that if approved the removal will begin in 2 3 weeks Councilmember Kelley stated the City will need to be prepared to hear from the community She inquired on a plan for road closures during the process Community Services Director Sapp stated that the details will be included in the public notification Mayor Pro Tern Hickman inquired about the remaining roots Community Services Director Sapp stated the roots will remain with exception to the roots disrupting the sewer lines City Manager Brady stated he will look into replacing the trees immediately City Treasurer Weber commented on notifying the public before the removal begins 10 Recruitment for City Clerk Mayor Magee commented on the need of volunteers for the subcommittee Councilmember Kelley stated she would volunteer Mayor Pro Tern Hickman stated he would volunteer I 4 t PUBLIC HEARING 21 Adoption of Resolution No 2007 37 approving the City of Lake Elsinore Traffic Impact Fee Update Study and Increasing Traffic Infrastructure„ Fees for development projects within the City of Lake Elsinore City Manager Brady stated this item will be continued to April 24rh 22 An Ordinance of the City of Lake Elsinore amending Sections (16 83 020, 16 83 030, 16 83 040, 16 83 050, 16 83 060, and 16 83 080) of Chapter 16 83 of the_Lake_Elsinore Municipal code regarding the Transportation Uniform Mitigation Fee Pro. ram No comments 23 An Ordinance of the City of Lake Elsinore amending Ordinance No 1124 to modify the index for calculating annual_ adjustments to the Development Mitigation Fee for funding the Western Riverside County Multiple Species Habitat Conservation Plan and codifying said Ordinance as Chapter 16 85 of the Lake Elsinore Municipal Code City Attorney Leibold stated there was an inconsistency when the MSHCP was adopted APPEALS 24 Appeal of the decision of the Planning Commission relative to the Amendment of Conditions for Residential Design Review No 2004 20, related to connection to public sewer Mayor Pro Tern Hickman stated he would like to hear from Elsinore Water Department and does not want to set precedence I City Manager Brady stated that applicant tried to install a sewer system Councilmember Hickman inquired on the use of a septic tank City Manager Brady stated it was because of the cost factor Mayor Pro Tern Hickman inquired on the use of a septic tank when the sewer line is near the applicants property Community Development Director Preisendanz stated the distance from the sewer line and the applicant will be required to link to the sewer system Mayor Pro Tern Hickman inquired on the vote by the Planning Commission 5 Community Development Director Preisendanz indicated the members who voted for this item He also stated that staff recommended denial of this item Councilmember Kelley commented on a newspaper article regarding inspections Community Development Director Preisendanz stated the original condition required sewer this was the applicants own decision He stated that the Riverside County Health Department approved the plan for seepage pits and was inspected by the Building Department He stated the applicant should not have applied for the septic before going through the Planning Department Councilmember Schaffner stated this is Councils decision for sewer or septic tank City Treasurer Weber noted that the applicant will need the sewer with septic tanks BUSINESS ITEMS 31 Commercial Design Review No 2006_14, a request to install a soil and groundwater remediation system within a block wall enclosure at an existing service station No comments 32 Commercial Design Review Protect No 2006 16 Community Development Director Preisendanz commented on a burrowing owl survey that was performed on this site and no owls were found Mayor Magee inquired on the economic impact and timing if a burrowing owl nest is found Community Development Director Preisandanz responded that the applicant would have to wait until August 31st if owls are present Mayor Magee inquired about the cost of the survey Matthew Fagan responded that the cost of a study is approximately $1500 $2000 33 Consideration of Commercial Design Review No 2007 05 for the protect known and Cingular Wireless Monopalm Cellular Tower Facility Mayor Pro Tem Hickman commented on another protect being affected 6 I 1 Community Development Director Preisandanz stated that this would not affect the project 34 Commercial Design Review No 2006 07 for two new fuel dispensers and related on site improvements for an existing Arco (AM/PM) gas station and convenience store located at 29355 Central Avenue Mayor Pro Tern Hickman inquired on the space available for this project Community Development Director Preisandanz commented on the conditions for this project He stated the commission deliberated on this issue and it was a 3 2 vote He stated this project will tie in with the Costco parking lot Councilmember Schiffner commented on being in favor of this protect and its location Administrative Services Director Pressey commented on the conditions He stated that the applicant is questioning a condition and will be protesting at the City Council Meeting 35 P_S_AC_ Recommendation Amendment to Lake Elsinore Municipal Code, Chapter 8 52, regarding fireworks T No comments 36 Recommendation by PSAC and amendment to Lake Elsinore Municipal Code Chapter 9 52 regarding graffiti No comments 37 Premise Lease — City Park Mayor Pro Tern Hickman commented on a good job being done at the park REDEVELOPMENT AGENCY CONSENT CALENDAR 1 Warrant List — March 14, 2007 No comments 2 Amendment to City Managers Employment Agreement No comments 7 BUSINESS ITEMS 3 Commercial Design Review No 2006 16 (Diamond Professional Plaza) a No comments 4 Consideration of Commercial Design Review No 2007 05 for the project known as Cingular Wireless Monopalm Cellular Tower Facility No comments 5 Commercial Design Review No 2006 14, a request to install a soil and groundwater remediation system within a block wall enclosure at an existing service station No comments ADJOURNMENT The Joint City Council/Redevelopment Agency Study Session was adjourned at 5 02 PM ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO INTERIM CITY CLERK i 8 i MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY MARCH 27, 2007 www,t*wwwwwwww*ww*wwwwwww*tttw,www*wwwwwwwwwwwwwwwwww*wwwwwwwwwww*wwwwwww*watw,twtr*wwwwwwwwwwwwwwww CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 02 p m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY MAGEE SCHIFFNER ABSENT COUNCILMEMBERS BUCKLEY (Arrived at 7 00 p m ) Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Community Development Director Preisendanz Community Services Director Sapp Planning Manager Weiner City Engineer Seumalo Building and Planning Manager Chipman and Planning Intern Bitterolf Chief of Police Fetherolf Deputy City Clerk Soto Administrative Specialist Dana Porch6 CLOSED SESSION The Regular City Council Meeting was recessed Into Closed Session at 5 00 P M RECONVENE IN PUBLIC SESSION (7 00 P M) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Phil Miller of EVMWD INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer i 1 ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY N SCHIFFNER MAGEE f ABSENT COUNCILMEMBERS BUCKLEY (Arrived at 7 00 p m ) Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Community Development Director Preisendanz Community Services Director Sapp Planning Manager Weiner City Engineer Seumalo Building and Planning Manager Chipman and Planning Intern Bitterolf Chief of Police Fetherolf Deputy City Clerk Soto Administrative Specialist Dana Porch6 CLOSED SESSION A PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov t Code § 54957) City Manager B CONFERENCE WITH REAL PROPERTY NEGOTIATER (Gov t Code § 54956 8) Property APN 389 100 025 Negotiating Parties City of Lake Elsinore and David & Elizabeth Harrold Under Negotiation price and terms of payment C CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code § 54956 8) Property APN 389 100 015 Negotiating parties City of Lake Elsinore and David L & Margot M Frymire D CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision C of Gov t Code § 54956 9 (1 potential case) CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above She noted that items A B C and D were discussed and there was no reportable action 2 PRESENTATIONICEREMONIALS A Chamber of Commerce Update Kim Cousins commented on the Chamber of Commerce active memberships and upcoming Chamber events He stated that the Visitors Bureau website has been ` launched I I B EVMWD Presentation Phil Miller of the Elsinore Valley Municipal Water District commented on new construction within the City and the public outreach in regards to the projects Abdul Rashidi MWH Consulting Program Manager presented the Capital Improvement Program Office (CIPO) and gave an overview on the program He commented on the CIPO virtual interactive website and the web address EVMWDCIPO corn Councilmember Buckley clarified the web address Phil Miller commented on all projects will display a sign with a dedicated hotline for any public concerns or questions He stated the CIPO website will be displayed as well Mayor Magee thanked Mr Miller for his presentation PUBLIC COMMENTS — NON AGENDIZED ITEMS — 1 MINUTE Leonard Leichnitz commented on the availability of staff reports and agenda s online k Ken Neimi commented on proposal in regards to presenting a gift of to the City He stated he spoke with City Engineer regarding the flood control project CONSENT CALENDAR ITEMS MOVED BY KELLEY SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE APPROVE THE CONSENT CALENDAR AND PULL ITEM #9 1 Ratified Warrant List — March 15 2007 2 Received and filed Public Safety Advisory Commission 2006 Annual Report 3 Authorized purchase of two utility bed pickup trucks 4 Authorized Purchase of compact tractor loader 3 5 Authorized Award of Contract— Street Striping and Marking Maintenance 6 Approved and Authorized Amendment to City Managers Employment Agreement f 7 Approved Additions to Agreement for Professional Services — STK Architecture Inc — Architectural and construction management services for Rosetta Canyon Fire Station Park and Design of Community Center 8 Adopting Resolution of the City of Lake Elsinore Emergency Operation Plan 10 Appointment of Subcommittee for Recruitment of City Clerk MOVED BY MAGEE SECONDED BY BUCKLEY AND CARRIED BY AUNANIMOUS VOTE TO ACCEPT STAFF RECOMMENDATION TO LIST KELLEY AND HICKMAN AS A SUB COMMITTEE ITEMS PULLED FROM CONSENT CALENDAR 9 Concur with Tree Removal — City Park Councilmember Kelley requested that Community Services Director Sapp provide clarification to the public regarding the tree removal Community Services Director Sapp noted that the City received a request from the concessionaire to remove the eucalyptus trees due to safety reasons He i stated that the trees may be replaced with queen palms Councilmember Kelley stated she would like staff to expedite the replacement of the trees as soon as possible Councilmember Buckley inquired on the amount of trees that will be removed j He inquired on the type of shade trees that would be used to replace the removed trees Community Services Director Sapp stated approximately 25 30 trees would be removed He noted the location of the trees Mayor Pro Tern Hickman stated he would like staff to work with the Palm Tree committee in obtaining palms to replace removed trees MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE ITEM AND DIRECT STAFF TO COME BACK WITH A PLAN TO REPLACE THE TREES AS SOON AS POSSIBLE 4 PUBLIC HEARINGS 21 Adoption of Resolution No 2007 37 approving the City of Lake Elsinore Traffic impact Fee Update Study and Increasing Traffic Infrastructure Fees for development projects within the city of Lake Elsinore City Manager Brady stated that staff is recommending that this item be continued until the City Council Meeting of April 20' in order to receive more input from the I Development Community I MOVED BY SCHIFFNER SECONDED BY BUCKLEY AND CARRIED BY A I UNANIMOUS VOTE TO CONTINUE THIS ITEM UNTIL APRIL 24TH CITY COUNCIL MEETING 22 An Ordinance of the CitV of Lake Elsinore amending Sections 16 83 020 16 83 030 16 83 040 16 83 050 16 83 060 and 16 83 080 of Chapter 16 83 of the Lake Elsinore Municipal Code regarding the Transportation Uniform Mitigation Fee Program City Attorney Leibold commented on TUMF Ordinance clean up She stated that the fees were adjusted several months ago MOVED BY BUCKLEY SECONDED BY HICKMAN TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1212 ORDINANCE NO 1212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 16 83 020, 16 83 030, 16 83 040, 16 83 050, 16 83 060 AND 16 83 080 OF CHAPTER 16 83 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 5 23 An Ordinance of the City of Lake Elsinore amending Ordinance No 1124 to modify the index for calculating annual adjustments to the Development Mitigation Fee for funding the western riverside County Multiple Species Habitat Conservation Plan and codifying said Ordinance as Chapter 16 85 of the Lake Elsinore Municipal Code City Attorney Leibold commented on the MSHCP Plan and related fee Ordinance She also stated there has been some discrepancy with the index Mayor Pro Tern Hickman commented on the construction price index changing to the consumer price index MOVED BY BUCKLEY SECONDED BY SCHIFFNER TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1213 ORDINANCE NO 1213 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCE NO 1124 TO MODIFY THE INDEX FOR CALCULATING ANNUAL ADJUSTMENTS TO THE DEVELOPMENT MITIGATION FEE FOR FUNDING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND CODIFYING SAID ORDIANCE AS CHAPTER 16 85 OF THE LAKE ELSINORE MUNICIPAL CODE THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN SCHIFFNER MAGEE NOES COUNCILMEMBERS KELLEY ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE APPEALS 24 Appeal of the decision of the Planning Commission relative to the Amendment of Conditions for Residential Design Review No 2004 20, related to connection to public sewer Community Development Director Preisandanz presented an Appeal of Planning Commissions decision to approve an amendment a request to modify Condition of Approval No 11 6 i Kim Cousins commented on his concern about the impact of this project He stated the applicant did not follow the approved path in order to save cost He requested the Council carefully consider this project Phil Miller EVMWD commented the Water District is requesting the applicant be required to hook up to the sewer He stated the consequences of installing a septic system He commented on the memorandum of understanding between the Regional Board and the Department of Health Services in regards to permitting septic systems Delco Hagar commented on installing septic systems He stated that the Building Department explained the septic system permit process He stated that he did what he was supposed to do according to his building permits Allan Geraci Attorney for Delco Hagan commented on the due process of law and fundamental fairness He stated that Mr Hagan has followed all procedures and acted in good faith working with the City staff He commented on the project inspections and Planning Commissions approval City Attorney Leibold commented on the item being continued at the last City Council meeting She stated that the City Council is the final determining legislative body of the City She stated the application for the septic system did not conform to the conditions of approval City Treasurer Weber commented on the developer being required to hook up into the sewer system and the developer responsibility to understand the requirements Councilmember Buckley commented on the setting of a precedence could be disastrous He stated the paragraph when signing for a permit Councilmember Schiff ner commented on his regret that action may be a financial burden for developer He stated the Ordinance must be upheld Councilmember Hickman commented on the approval setting a precedence Mayor Magee noted the supporters of the City who oppose this item MOVED BY SCHIFFNER SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO OVERTURN PLANNING COMMISSION MODIFICATIONS AND RESTORE CONDITIONS OF APPROVAL ON CONDITIONS OF PPROVAL NO 11 7 BUSINESS ITEMS 31 Commercial Design Review No 2006 14, a request to install a soil and groundwater remediation system within a block wall enclosure at an existinq service station Community Development Director Preisendanz presented the background and location of this item He stated the system is required due to ground leaks on site Councilmember Buckley commented on planting around the block wall to prevent graffiti Councilmember Schiffner inquired about a trash enclosure Councilmember Schiffner offered a substitute motion to approve as presented Motion died for lack of a second Community Development Director Preisendanz stated that the applicant be requested to plant around block wall and have anti graffiti material on trash enclosures MOVED BY BUCKLEY SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-38 32 Commercial Design Review Project No 2006 16 (Diamond Professional Plaza) Community Development Director Preisendanz presented the background and location of this item He stated that a condition of approval be added regarding burrowing owls Matthew Fagan representative for applicant Diamond Professional Plaza thanked staff for their professionalism and dedication He stated the applicant is in concurrence with the Conditions of Approval MOVED BY SCHIFFNER SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-39, FINDINGS OF CONSISTENCY WITH THE MULTI SPECIES HABITAT CONSERVATION PLAN MOVED BY SCHIFFNER SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION 2007-40 APPROVING COMMERCIAL DESIGN REVIEW 2006 16 Councilmember Buckley left the dais at 8 15 p m 8 33 Consideration of Commercial Design Review No 2007 05 for the proiect known as Cingular Wireless Monopalm Cellular Tower Facility Community Development Director Preisendanz commented on the monopalm cellular tower that will include live palm trees He stated the Planning Commission recommends approval MOVED BY HICKMAN SECONDED BY KELLEY AND CARRIED BY A UANIMOUS 4 0 VOTE TO ADOPT RESOLUTION NO 2007-41 MAKING FINDINGS OF CONSISTENCY WITH THE MULTI SPECIES HABITAT CONSERVATION PLAN MOVED BY HICKMAN SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS 4-0 VOTE TO ADOPT RESOLUTION NO 2007-42 APPROVING COMMERCIAL DESIGN REVIEW NO 2007-05 Councilmember Buckley returned to the dais at 8 17 p m he was not present for the discussion or the vote of this item 34 Commercial Design Review No 2006 07 for two new fuel dispensers and related on site improvements for an existing Arco (AM/PM) gas station and convenience store located at 29355 Central Avenue Community Development Director Preisendanz commented on the Planning Commission vote to Adopt MSHCP Resolution He commented on the on site circulation and additional landscaping He noted that staff recommends Condition of Approval No 74 be deleted and applicant has agreed to Condition of Approval No 73 Craig Yamasaki complimented staff for their efforts He noted that he was in agreement with staff on the items applicable to the property Councilmember Schiffner noted he was pleased with the station being successful and being able to expand their business Councilmember Buckley commented on the businesses that are expanding MOVED BY SCHIFFNER SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO 2007-43 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN MOVED BY SCHIFFNER SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO 2007-44 APPROVING COMMERCIAL DESIGN REVIEW NO 2007-07 9 35 PSAC Recommendation Amendment to Lake Elsinore Municipal Code, Chapter 8 52, regarding fireworks City Manager Brady commented on the PSAC recommendation to review the fireworks ordinance Councilmember Schaffner commented he is pleased with the PSAC work Mayor Magee noted he was in agreement with Councilmember Schiffner's comment and Mr Hewison is an exceptional leader MOVED BY BUCKLEY SECONDED BY KELLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1214 ORDINANCE NO 1214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING AND RESTATING CHAPTER 8 52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FIREWORKS THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 36 Recommendation by PSAC and amendment to Lake Elsinore Municipal Code, Chapter 9 52 regarding graffiti City Manager Brady commented on the time the PSAC spent working on this Ordinance He noted the other departments who also contributed to the Ordinance He commented on the punishment and rewards in regards to graffiti He noted on the Public Outreach Program Public Education and establishing a graffiti hotline program Mayor Pro Tern Hickman commented on the excellent work He inquired on a brochure to be handed out to the schools Mayor Magee commented on the parental responsibilities and the responsibility of the parents in the event their child is apprehended I 10 MOVED BY HICKMAN SECONDED BY KELLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1215 ORDINANCE NO 1215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING AND RESTATEING CHAPTER 9 52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRAFFITI THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 37 Premise Lease — City Park Community Services Director Sapp commented on the agreement with the concessionaire Mayor Pro Tern Hickman commented on the improvements in the common areas MOVED BY KELLEY SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE PREMISE LEASE" WITH GLORIA VASQUEZ JIMENEZ FOR CONTINUED CONCESSION OPERATION AT CITY PARK AND DIRECT THE CITY CLERK TO EXECUTE THE DOCUMENT COUNCIL RECESSED AT 8 35 P M COUNCIL MEETING RECONVENED AT 8 39 P M PUBLIC COMMENTS Susan Rebar thanked the City Council for their work in the City and read a prayer Boardmember Hickman inquired on the date for the next Prayer Breakfast Ms Rebar stated the next Prayer Breakfast is April 5th at Lakeside High School 11 CITY MANAGER COMMENTS City Manager Brady commented on the following 1) The upcoming Community calendar events 2) Acknowledged and thanked Council for their work with Staff 3) Thanked Council and Staff for the ability to work with them CITY ATTORNEY COMMENTS 1) Thanked Council for her years of service COMMITTEE REPORTS None CITY TREASURER COMMENTS No comments CITY COUNCIL COMMENTS Councilmember Kelley commented on the following 1) Community events during May Councilmember Schaffner commented on the following 1) Negotiations for stadium operations that has been going on for about 2 years is finalized Mayor Pro Tern Hickman commented on the following 1) The events going on at the stadium after baseball season Councilmember Buckley commented on the following No comments Mayor Magee commented on the following 1) RTA will be building transportation improvements along the 91 15 and 215 Freeways over the next 10 years local government will make a difference 2) City Manager has support of all Councilmembers and has done a great job 12 The Regular City Council Meeting was adjourned at 8 49 p m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO INTERIM CITY CLERK 13 MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE a 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 11, 2007 i CALL TO ORDER— 5 00 P M The Regular City Council Meeting was called to order by Mayor Magee at 5 00 pm ROLL CALL PRESENT MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCIL MEMBER BUCKLEY COUNCIL MEMBER KELLY COUNCIL MEMBER SCHIFFNER ABSENT NONE Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Planning Manager Weiner Lake and Aquatic Resource Director Kilroy Public Works Director Seumalo Information/Communications Manager Dennis Community Services Director Raymond Gonzales Police Chief Fetherolf Fire Chief Hendershot City Clerk Munson and Deputy City Clerk Soto CLOSED SESSION The following item was to be discussed during Closed Session A CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION — Subdivision (a) of Gov t Code § 54956 9 Trujillo et al v City of Lake Elsinore Riverside Superior Court Case # 456750 It was moved and seconded to recess to Closed Session at 5 01 p m AYES MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCIL MEMBER BUCKLEY COUNCIL MEMBER KELLY COUNCIL MEMBER SCHIFFNER 1 i NOES NONE ABSENT NONE ABSTAIN NONE RECONVENE IN PUBLIC SESSION 7 00 P M PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer to recognize the victims of 911 ROLL CALL PRESENT MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCIL MEMBER BUCKLEY COUNCIL MEMBER KELLY COUNCIL MEMBER SCHIFFNER ABSENT NONE Also present were City Manager Brady City Attomey Leibold Administrative Services Director Pressey Lake and Aquatic Resource Director Kilroy Public Works Director Seumalo Information/Communications Manager Dennis Planning Manager Weiner Community Services Director Raymond Gonzales Police Chief Fetherolf Fire Chief Hendershot City Clerk Munson and Deputy City Clerk Soto CLOSED SESSION REPORT City Attorney Leibold stated the City Council met in Closed Session pursuant to a Special meeting to consider what item in closed session conference with legal counsel concerning anticipated litigation One potential case was discussed under authority of subdivision (b) of GC Section 54956 9 There was no reportable action Pursuant to the regular meeting there was one item concerning existing litigation on the agenda as listed as Item A There was no reportable action PRESENTATION/CEREMONIALS There were no presentations 2 PUBLIC COMMENTS — NON AGENDIZED ITEMS — 1 MINUTE Ruth Atkins of Lake Elsinore, invited the City Council and the public to the Mayors Night for the Arts Mayor Magee is supporting a fund raiser being held at the Clubhouse at the Lakes at Summerly The cost is $50 per person and will be held on Friday September 28"' from 6 9 00 p m There will be an art show from local artists Reservations can be made by calling 2458890 or on line at www elsinorevalle artsnetwork or COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS 1 THROUGH 4 AND 6 THROUGH 8 EXCLUSIVE OF ITEM NO 5 The following items were listed on the Consent Calendar for Council approval 1 Warrant List—August 31, 2007 Recommendation Ratify 2 Claim against the City Recommendation Reject claim for AAA (Subro Scott Johnson CL # 2007 9) 3 Reorganization of Engineering Staff Recommendation Approve the proposed changes to the job classifications and corresponding salary 4 Railroad Canyon Road/I 15 Interchange Update Recommendation Receive and file 5 Alan Street Drainage Update Recommendation Receive and file 6 Extension of Time for Tentative Tract Map No 33370 for Condominium Pur oses i Recommendation Adopt Resolution No 2007 166 approving the request for an Extension of Time for Tentative Tract Map No 33370 for Condominium Purposes for Thirty six (36) months or October 11 2010 as allowed by the LEMC based on the Findings Exhibits and the revised Conditions of Approval attached i i 3 7 Hewlett Packard Universal Server Racks Purchase Recommendation Authorize the City Manager to approve the purchase of the Hewlett Packard Universal Racks for the Information Technology Division 8 Notice of Termination of Agreement for Drainage Encumbrance Recommendation Authorize the Mayor to sign the Notice of Termination of Drainage Encumbrance in such final form as approved by the City Attorney for recordation in the official land records of Riverside County Mayor Magee pulled item No 5 for further discussion It was moved by Council Member Kelley and seconded by Council Member Buckley to approve the Consent Calendar Items No 1 through 4 and 6 through 8 exclusive of Item No 5 The following vote resulted AYES MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCIL MEMBER BUCKLEY COUNCIL MEMBER KELLY COUNCIL MEMBER SCHIFFNER NOES NONE ABSENT NONE ABSTAIN NONE COUNCIL RECEIVES AND FILES CONSENT CALENDAR NO 5 Mike Matthews, resident of Lake Elsinore, expressed his concern with the water flow through his neighborhood He provided photos of his street when excess water flows through the streets He stated another concern of his neighborhood is the maintenance and aesthetics of the Fairfield Development of the Ridgestone Apartments He stated there has been no efforts to maintain cleanup or groom the landscape of the apartments He has been monitoring the number of broken sprinklers that have been contributing to the excessive nuisance water into his neighborhood He requested the assistance of the Council in maintaining and promoting the image of Lake Elsinore He requested Council to persuade the owners of the apartments to maintain a high standard and promote the image of Lake Elsinore Public Works Director Seumalo provided an update on the drainage issues out on Alan Street He also addressed Mr Matthews concerns 4 I Mayor Pro Tern Hickman inquired if Mr Matthews was keeping his neighbors informed Mr Matthews indicated that he was It was moved by Council Member Schiffner and seconded by Mayor Pro Tem Hickman to approve the Consent Calendar Item No 5 The following vote resulted AYES MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCIL MEMBER BUCKLEY COUNCIL MEMBER KELLY COUNCIL MEMBER SCHIFFNER NOES NONE ABSENT NONE ABSTAIN NONE Mayor Pro Tern Hickman inquired if Mr Matthews was keeping his neighbors informed Mr Matthews indicated that he was PUBLIC HEARINGS There were no public hearings BUSINESS ITEMS There were no business items to discuss COUNCIL RECESSED AT 7 13 P M COUNCIL RECONVENED AT 7 14 P M PUBLIC COMMENTS There were no public comments 5 CITY MANAGER COMMENTS City Manager Brady commented on the following 1) Welcome the new City Clerk Vivian Munson CITY ATTORNEY COMMENTS 1) Also welcomed the new City Clerk CITY TREASURER COMMENTS Not in attendance CITY COUNCIL COMMENTS Councilmember Kelley commented on the following 1) Welcomed the new City Clerk Councilmember Schaffner commented on the following 1) Welcomed the new City Clerk Mayor Pro Tern Hickman commented on the following 1) Welcomed the new City Clerk 2) Thanked West Coast Arbonst for trimming the palm trees and doing such a fabulous job 3) Wished all of his Jewish friends a happy New Year Councilmember Buckley commented on the following 1) Congratulated the Storm for making the playoffs 2) Congratulated Jeff George George Bloomfield and Jeff Anderson on their election to the Elsinore Water District Election Mayor Magee commented on the following 1) Welcomed the new City Clerk 2) He asked that everyone remember the victims families and those individuals who were present at ground zero He recognized those individuals who helped to save lives that day and also recognized and thanked all of those who help to protect our County 6 The Mayor adjourned the meeting in memory of those who lost their lives at the hands of terrorists The meeting was adjourned at 7 16 p m ROBERT E MAGEE MAYOR ATTEST VIVIAN M MUNSON CITY CLERK 7 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 11, 2007 CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4 00 p m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY MAGEE SCHIFFNER ABSENT COUNCILMEMBERS BUCKLEY {arrived at 4 10 p m ) Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Lake & Aquatic Resource Director Kilroy Parks & Recreation Director Gonzales Public Works Director Seumato Community Development Director Preisendanz Information/Communications Manager Dennis Public Works Manager Payne Building & Safety Manager Chipman Planning Intern Bitterolf City Treasurer Weber Deputy City Clerk Soto and City Clerk Munson DISCUSSION ITEMS None CONSENT CALENDAR i 1 Warrant List -August 31, 2007 Mayor Pro Tern Hickman requested clarification of various checks issued on the warrant list Staff clarified the items 2 Claim against the City Mayor Pro Tem Hickman requested further clarification 1 Mayor Magee stated that the City s motorcycle officer hit the claimants side view mirror 3 Reorganization of Engineering Staff Mayor Pro Tern Hickman thanked Public Works Director Seumalo for saving the City money Mayor Magee commended Public Works Director Seumalo for a job well done with the functionality of his department 4 Railroad Canyon Road/I 15 Interchange_ Update Mayor Pro Tern Hickman requested clarification in regard to a timeline for the project Public Works Director Seumalo indicated that progress was being made He noted that staff was going to be pro active with the project 5 Alan Street Drainage Update Mayor Pro Tern Hickman inquired if the Engineering Department was receiving assistance and cooperation with the project Public Works Director Seumalo indicated that staff was taking a pro active approach with the problem He noted that his department was working with the developer He commented on the developers cooperativeness to help find a solution Mayor Magee inquired if the residents of the area had their own engineer Public Works Director Seumalo stated that the residents of the area did not hire an engineer per say He indicated that the engineer that the residents spoke of was a friend of a neighbor He indicated that had had worked with the gentlemen in the past on different projects Councilmember Kelley inquired if the issue would be resolved before the rainy season Public Works Director Seumalo indicated that it was their goal to have the issue resolved before the rainy season He noted that it was dependent on their ability to come up with a solution and the ability of the residents engineer to gain the trust of the residents Councilmember Kelley noted that staff needed to be sensitive to that issue during the rainy season while the process was going forward 2 6 Extension of Time for Tentative Tract Map No 33370 for Condominium Purposes Leonard Leichnitz LUMOS Communities noted that Public Works Director Seumalo and his staff had done an excellent job with the Railroad Canyon/I 15 project He stated as the developer of the project pertaining to Tentative Tract Map No 33370 the additional time would be appreciated 7 Hewlett Packard Universal Server Racks Purchase No comments 8 Notice of Termination of Agreement for Drainage Encumbrance No comments PUBLIC HEARING None BUSINESS ITEMS None REDEVELOPMENT AGENCY CONSENT CALENDAR 1 Warrant list—August 31, 2007 No comments 2 Extension of Time for Tentative Tract Map No 33370 for Condominium Purposes No comments BUSINESS ITEMS None ADJOURNMENT The Joint City Council/Redevelopment Agency Study Session was adjourned at 4 17 p m 3 ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY CHAIRMAN REDEVELOPMENT AGENCY ATTEST Vivian Munson City Clerk 4 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE CALIFORNIA TUESDAY MARCH 27, 2007 5 00 P M CALL TO ORDER The Redevelopment Agency Meeting was called to order by Chairman Buckley at 5 00 pm ROLL CALL PRESENT BOARDMEMBERS BUCKLEY HICKMAN KELLEY MAGEE SCHIFFNER ABSENT BOARDMEMBERS NONE Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Community Development Director Preisendanz Community Services Director Sapp Planning Manager Weiner City Engineer Seumalo Building and Planning Manager Chipman and Planning Intern Bitterolf Chief of Police Fetherolf Interim City Clerk Soto Administrative Specialist Dana Porch6 CLOSED SESSION A CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code § 54956 8 Property APN 373 210 040 (Diamond Stadium) Negotiating parties Redevelopment Agency of the City of Lake Elsinore and Diamond Stadium Group LLC Under negotiation puce and terms of payment RECONVENE IN PUBLIC SESSION (7 00 P M ) ROLL CALL CLOSED SESSION REPORT Legal Counsel Leibold announced the Closed Session discussion item as listed above She noted that item A was discussed 1 Chairman Buckley commented that after 10 years of negotiations there is finally a deal with the Storm where they will be in charge of all stadium operations He commented there will be three million dollars in capital improvements made at the stadium He noted there will be an increase in the use of the stadium to increase their revenue PUBLIC COMMENTS — NON AGENDIZED ITEMS — 1 MINUTE I No comments PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES kNo comments CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED 1 Ratified Warrant List — March 14 2007 2 Approved and Authorized Amendment to City Managers Employment Agreement BUSINESS ITEMS 3 Commercial Design Review Project No 2006 16 (Diamond Professional Plaza) MOVED BY KELLEY SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION 4 Consideration of Commercial Design Review No 2007 05 for the project known as Cingular Wireless Monopalm Cellular Tower Facility MOVED BY SCHIFFNER SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION I 5 Commercial Design Review No 2006 14 a request to install a soil and ground water remediation system within a block wall enclosure at an existing service station MOVED BY KELLEY SECONDED BY SCHIFFNER AND CARRIED BY A i UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION I i 2 PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES No comments EXECUTIVE DIRECTOR COMMENTS No comments LEGAL COUNSEL COMMENTS No comments I BOARDMEMBER COMMENTS No comments I ADJOURNMENT The Redevelopment Agency meeting was adjourned at 8 39 p m THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO i INTERIM AGENCY SECRETARY I 3 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27, 2007 5 00 P M CALL TO ORDER The Redevelopment Agency Meeting was called to order by RDA Chairman Buckley at 900pm ROLL CALL PRESENT BOARDMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT BOARDMEMBERS NONE Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Community Services Director Sapp Lake & Aquatic Resource Director Kilroy Public Works Director Seumalo Planning Manager Weiner Information/Communications Manager Dennis Public Works Manager Payne Lieutenant Russ Wilson City Treasurer Weber and Interim City Clerk Soto CLOSED SESSION A CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code § 54956 8) Property APN 373 210 040 (Diamond Stadium) Negotiating parties Redevelopment Agency of the City of Lake Elsinore and Diamond Stadium Group LLC Under negotiation price and terms of payment RECONVENE IN PUBLIC SESSION 7 00 P M ROLL CALL CLOSED SESSION REPORT Legal Counsel Leibold announced the Closed Session discussion item as listed above She noted that item A was discussed and there was no reportable action 1 PUBLIC COMMENTS — NON AGENDIZED ITEMS — 1 MINUTE No comments PUBLIC COMMENTS —AGENDIZED ITEMS — 3 MINUTES No comments CONSENT CALENDAR MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED 1 Minutes a Joint City Council/Redevelopment Agency/Public Finance Authority Study Session — January 9 2007 b Redevelopment Agency Meeting — January 9 2007 2 Ratified Warrant List— February 15, 2007 3 Approved the Non disturbance Agreement and authorized the Chairperson to execute the document, subject to BCP entering into_a Management Agreement with Destination R V and any--minor modifications as may be approved by the City Attorney Mayor Magee stated he was not in support of the item BUSINESS ITEMS 4 Resolution authorizing the refunding of bonds and approving bond documents for Community Facilities District No 90 2 (Tuscany Hills Public Improvements) I MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION i PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES No comments EXECUTIVE DIRECTOR COMMENTS No comments 2 i LEGAL COUNSEL COMMENTS No comments BOARDMEMBER COMMENTS No comments ADJOURNMENT The Redevelopment Agency meeting was adjourned at 9 06 p m THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO INTERIM AGENCY SECRETARY 3 1 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE CALIFORNIA TUESDAY, SEPTEMBER 11, 2007 7 00 P M CALL TO ORDER— 7 00 P M The Redevelopment Agency meeting was called to order by Chairman Buckley at 713pm ROLL CALL PRESENT CHAIRMAN BUCKLEY VICE CHAIR KELLEY MEMBERS HICKMAN MAGEE AND SCHIFFNER ABSENT NONE Also present were Executive Director Brady Legal Counsel Leibold Administrative Services Director Pressey Planning Manager Tom Werner Community Services Director Gonzales Lake & Aquatic Resource Director Kilroy City Engineer Seumalo Information/Communications Manager Dennis Police Chief Fetherolf Fire Chief Hendershot City Clerk Munson and Deputy City Clerk Soto CALL BACK TO ORDER —7 00 P M PUBLIC COMMENTS — NON AGENDIZED ITEMS — 1 MINUTE There were no comments from the public PUBLIC COMMENTS —AGENDIZED ITEMS — 3 MINUTES There were no comments from the public CONSENT CALENDAR The following items were listed on the Consent Calendar for Agency approval 1 Warrant List for August 31, 2007 i Recommendation Ratify I 1 2 Extension of Time for Tentative Tract Map No 33370 for condominium purposes 1 Recommendation Concur with City Council It was moved by Council Member Schiffner and seconded by Mayor Pro Tern Hickman to approve Consent Calendar Items 1 and 2 The following vote resulted AYES CHAIRMAN BUCKLEY VICE CHAIRWOMAN KELLEY MEMBER HICKMAN MEMBER MAGEE MEMBER SCHIFFNER NOES NONE ABSENT NONE ABSENT NONE PUBLIC HEARINGS There were no public hearings BUSINESS ITEMS There were no items to be discussed PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES No comments EXECUTIVE DIRECTOR COMMENTS No comments LEGAL COUNSEL COMMENTS No comments MEMBER COMMENTS No comments 2 ADJOURNMENT It was moved by Member Schiffner seconded by Member Hickman to adjourn to a regular meeting on September 25 2007 at 5 00 p m at the Cultural Center located at 183 N Main Street Lake Elsinore CA 92530 The following vote resulted AYES CHAIRMAN BUCKLEY VICE CHAIRWOMAN KELLEY MEMBER HICKMAN MEMBER MAGEE MEMBER SCHIFFNER { NOES NONE ABSENT NONE f ABSENT NONE Chairman Buckley adjourned the meeting at 7 14 p m i THOMAS BUCKLEY CHAIRMAN ATTEST VIVIAN liF MUNSON AGENCY SECRETARY 3 1 CITY OF LAKE ELSINORE j REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT ANNEXATION NO 81 —THIRD STREET COMMENCE PROCEEDINGS PROJECT LOCATION The project site is located on the south side of State Route 74 north of Wasson Canyon west of Rosetta Canyon Drive and east of Dexter Avenue and Camino Del Norte BACKGROUND I At their regular meeting of September 18 2007 the Planning Commission unanimously adopted Resolution No 2007 158 (with Chairman O Neal absent) recommending that the City Council commence proceedings to bring approximately 320 acres known as the Third Street Annexation Area into the City boundaries currently in the County of Riversides jurisdiction but within the City s Sphere of Influence area DISCUSSION The Planning Commission heard the Staff Report and testimony from six property owners in the annexation area Mike Matthews George Etzel Bernard Rockwood Ed Hinojosa Wayne Schell and Kirk Munio They and their neighbors wanted a City commitment to zoning that would allow the keeping of horses and a rural ambience They also wanted an action plan for the drainage issues along Allan Street Mr Matthews requested an itemized list of taxes and recurring costs for City services Mr Rockwood did not want traffic on Welch Mr Schell did not want his property down zoned from existing County Light Industrial Mr Munio reiterated that zoning was the main issue The Commissioners requested an update from Director of Public Works Ken Seumalo who reported that he has met with County and Cal Trans staff Centex Homes and Fairfield Communities He has prepared a solution with the developers engineers to decrease the amount of runoff from the slopes in Ramsgate His staff is reminding Cal Trans weekly regarding their commitment to divert the water from State Highway 74 that is going into Allan Street Mr Seumalo indicated that the City has $2 million dollars from storm drain fees but it is beyond his authority to spend Page 1 of 14 REPORT TO CITY COUNCIL ANNEXATION 81 COMMENCE PROCEEDINGS FOR THIRD STREET SEPTEMBER 25 2007 PAGE 2OF3 City funds for County street improvements Likewise speeding traffic on County streets would require action by the County Deputy City Attorney Alisha Santana explained that while zoning is of great concern to the residents it is not an item of discussion for this particular hearing Commissioner Flores requested that Mr Seumalo continue his efforts to resolve the drainage problems and that he keep residents informed of his progress Commissioners Flores Mendoza and Zanelli opined that the City can help with the needs in this area upon annexation into the City They also indicated that they did not want the rights of the property owners to change RECOMMENDATION The Planning Commission recommends the City Council adopt Resolution No 2007 commencing proceedings to annex approximately 320 acres known as the Third Street Annexation Area PREPARED BY CAROLE K DONAHOE, AICP� PROJECT PLANNER i f APPROVED BY ROBERT A BRADY CITY MANAGER l i Attachments 1 Exhibit A —Vicinity Map 2 Resolution of the City Council approving Annexation No 81 a Exhibit B — Reorganization Plat b Exhibit C — Plan of Services (informational Only) 3 Planning Commission Staff Report of September 18 2007 4 Correspondence Email and letter from David McLean I Page 2 of 14 a a � • • ��✓1l�� tA� 5 fit.._ II ;;� �1 4 n o„ A'a`?�k �•`��" � �—IM ♦� LL��r'g 7��1 �l�`fir-r�f � �}}f p_( n�kJ�"S 4 mg �{�'^s•�. �: 7: • ♦ ti;�' l � y+f ISJjS ; FSF.Jr1 ,,Fi111 � > t.}7♦�] - t� � ) "�, ?'�.• � �� V.. is f��� � � 'Ir e ♦,r 7r+�'S� k !s-,�a4 jY`��^'Fr ��� ` ��} �3f`r•s,. 7kry��Y •� n r�,3& Ltd' _ � 1v'X�' l.en, r J 1 i I1� Ha s �Vn 1 �3?l� T i•I�J� Roy i�- P� ��''y�,{fy�i'd-,+��a RESOLUTION NO 2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO COMMENCE PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO 81 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE WHEREAS the City of Lake Elsinore (the City ) has initiated proceedings to annex into the City s corporate boundaries approximately three hundred twenty (320) acres of land which is located within the City s Sphere of Influence south of State Route 74 (Central Avenue) west of Waterford Street and east of Dexter Avenue and Camino del Norte ( Annexation No 81 ) and which is depicted in Exhibit B attached hereto and WHEREAS the annexation request is made pursuant to the provisions of the Cortese Knox Hertzberg Local Government Reorganization Act of 2000 (Government Code §§ 56000 et seq the Cortese Knox Act ) and WHEREAS, consistent with the requirements of Government Code Sections 56375 and 65859 the City shall process a pre annexation zone change subsequent to the approval of the City s General Plan Update that will determine the zoning that will apply to the property upon annexation into the City and WHEREAS the reasons for the proposed annexation are (1) Riverside LAFCO has previously identified the City of Lake Elsinore as the logical service provider for the propose annexation territory (2) annexation of the 320 acre territory is an integral part of the City of Lake Elsinore s plan to implement a new land use pattern in the annexation area which compliments existing and planned projects in the area and (3) existing and future residents of the annexation area will receive a higher level of municipal services through City provided municipal services and WHEREAS the Planning Commission of the City of Lake Elsinore held a public hearing on Annexation No 81 at a duly noticed public hearing on September 18 2007 and WHEREAS public notice of said application has been given and the City Council has considered the Planning Commissions recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 25 2007 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The City Council has considered the request for annexation prior to making a decision to commence proceedings to annex the Property Page 4 of 14 i CITY COUNCIL RESOLUTION NO 2007 PAGE 2OF3 SECTION 2 That in accordance with Cortese Knox Act State Planning and Zoning law and the Lake Elsinore Municipal Code the City Council makes the following findings to support the request to commence annexation proceedings for Annexation No 81 1 The proposed annexation area is contiguous to the City of Lake Elsinore is within the City of Lake Elsinore Sphere of Influence and will not create pockets or islands The Annexation No 81 terntory is bordered on three sides by the City of Lake Elsinore and is within the City of Lake Elsinore s Sphere of Influence The annexation proposes a reasonable and desirable extension of the City boundary area in that at its completion pockets or islands of Countyjunsdiction will be transferred to the City i 2 The proposed annexation will not result in any adverse significant impacts on the environment The Riverside Local Agency Formation Commission has previously Identitted the City of Lake Elsinore as the logical service provider for the proposed annexation territory Annexation No 81 is an integral part of the City s plan to implement a new land use pattern in the annexation area which compliments existing and planned projects Annexation No 81 will incorporate the approved Land Use Plan of the Citys General Plan Update Therefore eventual development of the Property will be consistent with the Citys new General Plan Environmental issues will be considered and addressed by the Draft General Plan Update Environmental Impact Report Existing and future residents of the annexation area will receive a higher level of municipal services through City provided services 3 The proposed annexation will eliminate an existing undesired pocket of the county and will assist in the efficient provision of governmental services Annexation No 81 proposes a reasonable and desirable extension of the city boundary area in that at its completion pockets or islands of Countyjunsdiction will be transferred to the City SECTION 3 Based upon all of the evidence presented both written and testimonial and the above findings the City Council hereby commences annexation proceedings for the territory shown in Exhibit B SECTION 4 That LAFCO take proceedings for the annexation of territory shown in Exhibit B according to the terms and conditions stated above and in the manner provided by the Cortese Knox Act Page 5 of 14 CITY COUNCIL RESOLUTION NO 2007 PAGE 3 OF 3 SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this twenty fifth day of September 2007 by the following vote AYES NOES ABSENT ABSTAIN Robert E Magee Mayor City of Lake Elsinore ATTEST s f Vivian M Munson City Clerk s City of Lake Elsinore APPROVED AS TO FORM Barbara Zeid Leibold City Attorney City of Lake Elsinore f i i i Page 6 of 14 E REORGANIZATION TO INCLUDE ANNEXA710N TO THE CITY OF LAKE ELSINORE AND CONCURRENT DETACHMENT FROM THE COUNTY OF RIVERSIDE LAFW Z00-- _ I COUNTY OF RIVERSIDE 1 CITY = L _ OF CITY LAKE OF ELSINORE LAKE / ELSINORE WASSW CAN YON TSS Row q� CITY T6s R4W OF �3 LAKE ELSINORE 115 CITY OF 1 LAKE ELSINORE Lake Elsinore �Jcm r rp i N NO SCALE °NAL LAND S `'� �►'� � Ro GAG �r 0 a NO 5506 '° THIS MAP APPROVED ON * fxp dote 9-30-08 * �r'Tf BY OF CAUF \P RONAL0 E ROTH P L.S 5506 BY RIVERSIDE COUNTY SUPERVISOR (MY UCENSE EXPIRE' 09-JO-06) BY ANNEXA 7701V BOUNDARY EXIS77NG CITY BOUNDARY THE WEST ONE-HALF OF THE N0R7HWEST ONE-(QUARTER AND THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SEC77ON J2 AND A POR77ON OF SEC77MS JO AND Jl IN TOYNSHIP 5 SOUTH RANGE 4 WEST AND A POR77ON OF OF SEC77ON 6 IN TOWN-W/P 6 SOUTH RANGE 4 WEST SAN BERNAROINO MERIDIAN /N TH£ COUNTY OF RIVERSIDE STA lE OF CAUFORNIA { _ P\3201VIAPPING\MARV1ihEX Sn Ol.d 9 B/31/�I006 1<A17 AN PDT Page 7 of 14 LM gr 'a` i CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE SEPTEMBER 18, 2007 PREPARED BY CAROLE K DONAHOE, AICP, PROJECT PLANNER PROJECT TITLE ANNEXATION NO 81 — THIRD STREET ANNEXATION i APPLICANT CITY-INITIATED OWNERS VARIOUS PROJECT REQUEST To commence proceedings for Annexation No 81 to bring 320± acres into the City boundaries currently in the County of Riverside s jurisdiction, but within the City s Sphere of Influence area The project area ;s known as the Third Street Annexation Area PROJECT LOCATION The Third Street annexation area is bordered by Dexter Avenue and Camino Del Norte to the west Waterford Street to the east, and Highway 74 to the north, and is approximately one mile east of Interstate 15 i Page 8 of 14 f REPORT TO PLANNING COMMISSION SEPTEMBER 189 2007 ANNEXATION 81 ENVIRONMENTAL SETTING p L�" :r T ya Residential commercial County Residential Ag County Very Low Density Project Site industrial and vacant Rural Residential Residential Low Density Manufacturing Svc Residential Business Park Commercial and Scenic Light Industrial and Hwy Commercial Commercial Retail Commercial and vacant City C 2 and County Scenic County Business Park North Highway Commercial C1 —Neighborhood Neighborhood Commercial South Vacant scattered Commercial and Future Specific Plan residential Lennar Homes & R 1 Single Family Low Medium Density East Elsinore Hills Residential Residential Elementary under construction Commercial and Ml —Limited Freeway Business and West industrial businesses Manufacturing Interstate 15 including LA Fitness under construction BACKGROUND & ANALYSIS In February 2006, the City took the lead for an annexation of the ' Third Street area (see Vicinity Map), at the request of the Local Agency Formation Commission (LAFCO) to remedy irregular boundary lines existing between the City and County, and to eliminate pockets or islands of County jurisdiction It was an opportune time to consider the Third Street" area because the City was already working on its General Plan Update The Third Street area is an integral part of the City s plan to implement a new land use pattern in this area which compliments existing and planned projects The City held two neighborhood meetings and another meeting with commercial property owners in the annexation area, conducted a door-to-door canvas of the residents and prepared and distributed several informational flyers and letters Some of the annexation area residents are opposed to the Third Street Annexation, and/or are Page 9 of 14 REPORT TO PLANNING COMMISSION SEPTEMBER 18, 2007 ANNEXATION 81 waiting for the City Council to act on the General Plan Update,which determines what uses are desired by the City for their properties Because the General Plan Update adoption process is not anticipated to begin until the first quarter of 2008, and because LAFCO's processing takes a minimum of six (b) months, the City desires to submit the annexation application to LAFCO at this time in order to give LAFCO staff sufficient time to get the application ready for the Commission to consider LAFCO is willing to accept the annexation application, but will not be taking any action on the annexation until such time that the City prezones the property George Spiliotis, LAFCO s Executive Director, has indicated that he plans to recommend approval of a request to defer the pre-zoning requirement and associated California Environmental Quality Act documents, until the City has completed its General Plan Update This administrative action will allow the City to submit pre zoning and CEQA documentation after the approval of its new General Plan and before the LAFCO Commission acts on Annexation No 81 The resolution that the City Council is being asked to consider tonight is the first of several steps necessary to commence the annexation process LAFCO s consideration of the annexation will occur in the context of a public hearing that will occur after the City s General Plan Update is considered by the City Council in the first quarter of 2008 RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No 2007- , recommending that the City Council request that LAFCO commence proceedings to ( annex the territory designated as Annexation No 81 PREPARED BY CAROLE K DONAHOE, PROJECT PLANNER APPROVED BY ROLFE M PREISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1 Exhibit A —Vicinity Map 2 Resolution No 2007 _ recommending the commencement of Annexation No 81 3 Exhibit S —Reorganization Plat 4 Exhibit C —Thud Street Annexation Plan of Services - - Page 10 of 14 _ � I CITY OF LADE ELSINORE MEMORANDUM TO Chairman O'Neal and Members of the Planning Commission FROM Rolfe M Preisendanz,Director of Community DevelopmentML-11" DATE September 18,2007 SUBJECT Agenda Item No 4 City-Initiated Annexation No 81 --Third Street Attached please find a copy of correspondence from David McLean, a property owner within the Third Street Annexation area, received this morning by email Also attached is an Assessor's Page indicating his property, for your convenience Staff will consider Mr McLean's request for City zoning that will allow animal keeping We will also continue to communicate with Mr McLean, so that he is fully aware of the answers to the questions he's raised t i 4 1 l Page 11 of 14 Page 1 of 1 i Carole Donohoe From DAVID MCLEAN [dOmclea@msn com] Sent Monday September 17 2007 8 36 PM To Carole Donohoe Attachments annexation doc Carole Donahoe Thank you for taking the time with me today on the phone I have attached some questions and concerns that I would like you to make part of the public records in regards to Annexation i No 81 Third Street Annexation I would also ask that you would forward this to the Mayor and City Council of Lake Elsinore Thanks again David McLean i I I Page 12 of 14 9/18/2007 ' i i i 08-17-07 To Whom It May Concern My name is David McLean and I live at 29202 Allan St, Lake Elsinore Ca This letter is in regards to Annexation No 81-Third Street Annexation I purchased my home because it was a horse property My goal was to wart until my children were older so I could get them horses I have three very young children i In the past meetings below is only a fraction of the questions that were j asked I believe that a lot of questions were avoided and we were miss ' informed A gentleman from Code Enforcement said on more than one occasion that what was said was not completely true We were told we would get the answers to our questions on a later date and I never received them Below are some of the questions I would like straight answers to 1) At what point would our rights to have horses expire? I 2) If I only have one horse now, do I need to have the maximum in order to keep the maximum prior to the annexation9 3) Can our horses move to and from an offsite location9 4) How long do we have to replace a horse if it dies9 5) If I maintain my horse rights can my house be sold as a horse property9 - If the plans go through for the new homes and the park, please entertain the idea of making it a horse friendly park with trails We are t only left with a few dirt roads for our horses and 3rd street is becoming a speed way and its not a very safe place to ride horses { I Page 13 of 14 aaammoo 6s zapzo 3o t ebvd Op LLE dad{ zossaesy t-D ep7szsATN aot4dFsasaa W A - 1 � V O — _ I Avg ifl � a } a,. s 41 K V = fQt C �' t « �a O f � o i © O O O � w mI t IF s t y WELCH /,w C/) --+-A— Vt rn I Po gar r � I � c=:) 116 _ o E I I �+ I �o I n N I M Y y for asr s n �r - _ - Page 14 of 14 k I E CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 31957 PROJECT LOCATION The project site is located at the western terminus of Running Deer Road and Mountain Street and the northern terminus of Lincoln Street also identified as Assessor's Parcel No s 391 260 003 and 391 260 046 BACKGROUND On September 13 2005 the City Council approved Mitigated Negative Declaration No 2005 06 and Tentative Tract Map No 31957 The City Council also adopted Findings of Consistency for the Multiple Species Habitat Conservation Plan (MSHCP) at that time DISCUSSION Section 6645211 (c) of the California Subdivision Map Act authorizes Time Extensions for up to twenty four (24) months The applicant has requested a time extension for two (2) years or twenty four (24) months or September 13 2009 As previously identified on September 13 2005 the City Council approved Tentative Tract Map No 31957 for the subdivision of 34 2 acres into 101 single family residential lots It should be noted that through final map preparation the number of lots has been reduced by one (1) for a total of 100 lots In reviewing this extension request staff analyzed proposed and surrounding amenities available for the use of future residents of the tract and if additional park space or amenities were warranted Staff does not believe additional parks or amenities are necessary since there are three (3) parks and one (1) school site within approximately 3/4 of a mile from the project site In recent review of map extensions the City Council has explored the concept of adding pocket parks within the proposed subdivisions Staff does not believe such an effort is necessary for a project such as this for the following reasons There are three (3) parks and one (1) school site which already exist within approximately % of a mile from the project site (Rice Canyon Elementary School immediately adjacent to the project site Oak Tree Park within '/2 mile Summer Lake Park — within 'h mile Page 1 of 14 REPORT TO CITY COUNCIL EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 31957 SEPTEMBER 25, 2007 PAGE 2 OF 2 and MCVicker Park —within 3/ mile Also the project was not originally conditioned to provide a Home Owners Association (HOA) therefore creating a difficulty of maintenance upkeep RECOMMENDATION Adopt Resolution No 2007 approving the request for an Extension of Time for Tentative Tract Map No 31957 for twenty four (24) months or until September 13 2009 based on the Findings Exhibits and Conditions of Approval attached PREPARED BY KIRT A COURY 4f_ PROJECT PLANNER APPROVED FOR AGENDA BY ROBERT A BRAD CITY MANAGER ATTACHMENTS 1 Vicinity Map 2 City Council Resolution No 2007 approving Extension of Time for i Tentative Tract Map No 31957 3 Final Conditions of Approval 4 Full Sized Plan Tentative Tract Map No 31957 I I 1 Page 2 of 14 i VICINITY MAP EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 31957 I O -- H / w RUNNING DEER RD PROJECT SITE ' LNEcrq APN s 391-260 003 RIME vv and 391-260-046 ki Z l , Q i MOUNTAIN STLl Llll DALE C 7 OOR lW- -- u' NAVEL r \ 1 ul A V! EW 1 , IT CITY COUNCIL Page 3 of 14 RESOLUTION NO 2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR F TENTATIVE TRACT MAP NO 31957 WHEREAS Jason Keller representing Fortland Development Company Bled an application with the City of Lake Elsinore requesting approval of an Extension of Time for Tentative Tract Map No 31957 (the Extension ) and WHEREAS the project site is proposed to be subdivided into one hundred and one (101) lots for single family residential detached purposes with associated improvements and WHEREAS the project site is located at the western termini of Running Deer Road and Mountain Street and the northern terminus of Lincoln Street also identified as Assessors Parcel No s 391 260 003 and 391 260 046 and WHEREAS subdivision A of Section 16 24 160 of the Lake Elsinore Municipal Code says that the approval of a tentative map shall expire after twenty four (24) months unless within that period of time a final map has been filed with the County Recorder and WHEREAS pursuant to the California Environmental Quality Act (Cal Pub Res Code §§ 21000 et seq CEQA ) and the State Guidelines for Implementation of CEQA (14 CC R §§ 15000 et seq CEQA Guidelines ) public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006) and WHEREAS CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project and WHEREAS on September 13 2005 the City Council of the City of Lake Elsinore adopted Mitigated Negative Declaration No 2005 06 and Mitigation Monitoring and Reporting Program (SCH # 2005071134) in accordance with the requirements of the CEQA and the CEQA Guidelines and WHEREAS the Extension is found to be in conformance with the originally approved Tentative Tract Map and the Extension does not present new information regarding the potential environmental impacts of development and Page 4 of 14 CITY COUNCIL RESOLUTION NO 2007 PAGE 2OF4 WHEREAS the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on September 25 2007 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS i SECTION 1 The City Council has considered the proposed Extension of Time and has found it acceptable SECTION 2 That in accordance with CEQA and the CEQA Guidelines the City Council finds that the Extension of Time conforms with the originally approved map and does not present any new information circumstances or changes to the project that was analyzed under Mitigated Negative Declaration No 2005 06 The Extension of Time does not change density or intensity of use It simply extends the land use entitlement for an additional twenty four (24) months allowing the applicant more time within which to develop the property in accordance with conditions of approval Therefore it is not necessary to conduct any further environmental review for the Project SECTION 3 That in accordance with Lake Elsinore Municipal Code Section 16 24 the City Council makes the following findings for the approval of the Extension of Time for twenty four (24) months for Tentative Tract Map No 31957 1 The Extension of Time for the subdivision known as Tentative Tract Map No 31957 is consistent with the City s General Plan The proposed development as designed assists in achieving a well balanced and functional mix of land uses The design of the project and density are consistent with the General Plan 2 The effects that this project are likely to have upon the housing needs of the region the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced a The project is consistent with the City s General Plan During the approval of the City s General Plan housing needs public services and fiscal resources were scrutinized to achieve a balance within the City b The project is conditioned to annex into Community Facilities District 2003 01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City c The project is conditioned to annex into Lighting and Landscape Maintenance District No 1 to offset the annual negative fiscal impacts of the project on public right of way landscaped areas to be maintained Page 5 of 14 CITY COUNCIL RESOLUTION NO 2007 PAGE 3OF4 by the City and for street lights in the public right of way for which the City will pay for electricity and a maintenance fee to Southern California Edison 3 The design of the proposed division of land or type of improvements is not likely i to cause serious public health problems Tentative Tract Map No 31957 is conditioned to comply with all development standards of the Lake Elsinore Municipal Code and the General Plan These standards have been prepared and reviewed to benefit the public health safety and welfare of Lake Elsinore guests and residents 4 The design of the proposed division of land or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed division of land All known easements or requests for access have been incorporated into Tentative Tract Map No 31957 The map has been circulated to City departments and outside agencies and appropriate conditions of approval have been applied for their approval during construction SECTION 4 Based upon the evidence presented the above findings and the I attached conditions of approval imposed upon the Extension the City Council hereby approves an Extension of Time not to exceed twenty four (24) months for Tentative Tract Map No 31957 SECTION 5 This Resolution shall take effect from and after the date of its passage and adoption PASSED, APPROVED AND ADOPTED this 25t' day of September 2007 by the following vote i AYES NOES ABSENT ABSTAIN Robert E Magee Mayor City of Lake Elsinore Page 6 of 14 CITY COUNCIL RESOLUTION NO 2007 PAGE 4OF4 ATTEST Vivian M Munson City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zed Leibold City Attorney City of Lake Elsinore i i I I i , I I I I Page 7 of 14 CONDITOINS OF APPROVAL FOR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 31957 GENERAL i 1 The applicant shall defend (with counsel acceptable to the City) indemnify and hold harmless the City its Officials Officers Employees Agents and its Consultants from any claim action or proceeding against the City its Officials Officers Employees or Agents to attach set aside void or annul an ap proval pproval of the City its advisory agencies appeal boards or legislative body concerning implementation and construction of Tentative Tract Map No 31957 which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499 37 and Public Resources Code Section 21167 The City will promptly notify the applicant of any such claim action or proceeding against the City and will cooperate fully with the defense TENTATIVE TRACT MAP NO 31957 I 2 Tentative Tract Map No 31957 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the f County Recorder or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC 3 The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code Title 16 unless modified by approved Conditions of Approval 4 Prior to final certificate of occupancy of the Tentative Tract Map the improvements specified herein and approved by the Planning Commission and the City Council shall be installed or agreements for said improvements shall be submitted to the City for approval by the City Engineer and all other stated conditions shall be complied with All uncompleted improvements must be bonded for as part of the agreements 5 The applicant shall comply with all the mitigations contained and identified in the Mitigated Negative Declaration No 2005 06 6 All lots shall comply with minimum standards contained in the LEMC j 7 A precise survey with closures for boundaries and all lots shall be provided per the LEMC I 8 The applicant shall comply with all conditions of the Riverside County Fire Department I 9 The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD) Caty Council September 25 2007 Page 8 of 14 CONDITIONS OF APPROVAL Page 2 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 10 All future structural development associated with this map shall require separate Design Review approval 11 Prior to issuance of any grading permit and/or building permit the applicant shall sign and complete an Acknowledgment of Conditions and shall return the executed original to the Community Development Department 12 The applicant shall comply with the following City programs the City Source Reduction and Recycling Element and Household Hazardous Waste Element the County Solid Waste Management Plan and Integrated Waste Management Plan 13 Prior to issuance of building permit the applicant.shall submit a letter of verification (will serve letter) to the City Engineer for all required utility services 14 The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits 15 The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of 1 each building permit 16 The applicant shall pay all applicable fees including park fees i 17 The applicant shall meet all requirements of the providing electric utility company 18 The applicant shall meet all requirements of the providing gas utility company 19 The applicant shall meet all requirements of the providing telephone utility company 20 A bond is required guaranteeing the removal of all trailers used during construction 21 All signage shall be subject to Planning Division review and approval prior to installation 1 22 The City s Noise Ordinance shall be met during all site preparation activity Construction shall not commence before 7 00 AM and cease at 5 00 PM Monday through Friday Construction activity shall not take place on Saturday Sunday or any Legal Holidays 23 Prior to the issuance of a Grading Permit a Determination of Biologically Equivalent or Superior Preservation (DBESP) shall have been submitted and processed through the United States Fish and Wildlife Service or the California Department of Fish and Game C"Council September 25 21007 Page 9 of 14 CONDITIONS OF APPROVAL Page 3 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 (As the Trustee Agency) for the required sixty (60) day review period as confirmed in the Multiple Species Habitat Conservation Plan (MSHCP) 24 Prior to the issuance of a Grading Permit the applicant shall provide the City with evidence that the property identified as proposed Common Ownership Property (Conservation Area) has been dedicated to conservation in perpetuity (by easement or by title transfer) pursuant to the requirements of the Multiple Species Habitat Conservation Plan (MSHCP) ENGINEERING 25 Applicant shall obtain offsite right of way for the extension of Mountain Street from Tract 18719 4 Acquisition of the offsite right of way shall not halt the approval of the final map as per Section 66462 5 of the Subdivision Map Act i 26 Lincoln Street shall be dedicated and fully improved (full width pavement improvements) to the Secondary Highway standard (70 /90 ) within the property boundaries 27 Applicant shall design and install the Rice Canyon Wash Levee system which will convey a 100 year storm past the project site The levee will be a continuation of the levee improvements constructed by Tract 24624 Upon completion and acceptance by the City and/or Riverside County Flood Control and Water Conservation District the maintenance of the levee shall be transferred to the accepting jurisdiction in terms of a maintenance agreement 28 Vehicular access to/from and across the levee shall be provided from Lincoln Street to maintain access to properties granted access rights per Instrument No 3819 recorded January 14 1969 Final location and design of driveway access with proposed levee and design of raised median in Lincoln Street shall be submitted to Engineering for review and approval All ingress/egress easements required to maintain existing access rights shall be recorded on the Final Tract Map or by separate instrument 29 Interior streets shall be dedicated and improved to public residential street standards (40/60 ) 28 Applicant shall adhere to memorandum from City Traffic Engineer dated June 28 2004 as it relates to his recommendations per the project traffic study As per his direction the project should not proceed past the 75th Certificate of Occupancy prior to the installation and full operation of traffic signals at the following intersections CAty Council September 25 2007 Page 10 of 14 CONDITIONS OF APPROVAL Page 4 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 a Lake Street and Temescal Canyon Road Lake Street and the 1 15 southbound ramps and Lake Street and the 1 15 northbound ramps Prior to issuance of the ` first Certificate of Occupancy applicant shall post a performance bond or other f reasonable surety in a form approved by the City Attorneys office in an amount sufficient to cover traffic signals at the referenced intersection(s) The project shall either install the signals or not proceed past the 75t�' Certificate of Occupancy until those traffic signal improvements are installed and operational 30 All roadways shall be constructed to be consistent with General Plan Circulation Element cross sections 31 Drainage for open space lots shall be conveyed to public right of way 32 The incremental increase in storm water runoff shall be detained Detention basin sizes shall be calculated using Riverside County Flood Control methods 33 Applicant shall provide a drainage study prepared by a registered Civil Engineer identifying storm water runoff quantities expected from the site and upstream of the site The study shall show all extsttng or proposed off site public or private drainage facilities intended to discharge this runoff The study shall include a capacity analysis verifying the adequacy of the facilities Runoff from the development or partial phase of development of the property shall not exceed the existing natural discharge quantities with respect to the following criteria a For projects less than 10 acres analyze and mitigate the difference in developed and undeveloped runoff A simplified hydrograph method shall be used that simulates the hydrograph with a triangle The Rational method flow rate shall be the top value of the triangle and the base width shall be two times the time of concentration (Tc) The difference in area between the developed condition triangle and the existing condition triangle represents the required storage volume Based upon the storage volume head the outlet structure shall have an outlet flow no larger than the existing flow rate b Projects that are 10 acres or greater shall analyze for the 1 3 6 and 24 hour duration for the 2 5 and 10 year frequency storms 34 The applicant shall accept and properly dispose of all offsite drainage flowing onto or through the site i 35 If possible all drainage shall be conveyed onto public property No cross lot drainage shall be permitted Cat) Council I ' September 25 2007 Page 11 of 14 i CONDITIONS OF APPROVAL Page 5 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 36 Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns i e concentrations or diversion of flow Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement A maintenance mechanism shall be in place for any private drainage facilities constructed on site or off site Any grading or drainage onto �I private off site or adjacent property shall require a written permission to grade and/or a permission to drain letter from the affected landowner 37 Street grades shall not exceed 9% unless otherwise authorized by the City Engineer 38 All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval I 39 All Capital Improvement and Plan Check fees shall be paid (LEMC 16 34 Resolution 85 26) E 40 Applicant shall pay all appropriate fees prior to pulling a Building Permit 41 A `Will Serve letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project Letter shall be submitted prior to Final Map Approval 42 All public works improvements shall be constructed per approved street plans (LEMC 12 04 and 16 34) 43 Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval 44 All applicable fees shall be paid and the Developer shall comply with all requirements of the encroachment permit as issued by the Engineering Division for construction of public works improvements (LEMC 12 08 and Resolution 83 78) 45 All compaction reports grade certificat►ons monument certifications (with tie notes delineated on 8 1/2 x 11 Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved 46 Applicant shall obtain all necessary off site easements for off site grading from the adjacent property owners prior to final map approval City COUr)c11 September 25 2007 Page 12 of 14 CONDITIONS OF APPROVAL Page 6 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 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 street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer 49 Developer shall install blue reflective pavement markers in the street at all fire hydrant locations 50 Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval All traffic control devices shall be installed prior to final inspection of public improvements 51 All improvement plans and tract maps shall be digitized At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City s ARC Info/GIS or developer to pay $30 per sheet for City digitizing 52 All utilities except electrical over 12 KV shall be placed underground as approved by the serving utility 53 Developer shall obtain a grading permit with appropriate security prior to building permit issuance A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer If the grading is less than 50 cubic yards and a grading plan is not required a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins 54 Developer shall provide soils geology and seismic report including street design recommendations Provide final soils report showing compliance with recommendations 55 All grading shall be done under the supervision of a Geotechnical Engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control All manufactured slopes greater than 30 feet in height shall be contoured 56 Convey onsite runoff to the public storm drain system Any non historic storm flows shall be accepted by adjacent property owners with a notarized and recorded letter of drainage acceptance or conveyed to a drainage easement CAty CouncA September 25 2007 Page 13 of 14 CONDITIONS OF APPROVAL Page 7 of 7 EXTENSION OF TIME TENTATIVE TRACT MAP NO 31957 57 Roof and yard drains will not be allowed to be connected directly to street curb cores Roof drains should drain to a landscaped area whenever feasible 58 Ten (10) year storm runoff should be contained within the curb and the one hundred (100) year storm runoff should be contained within the street right of way When either of these criteria is exceeded drainage facilities should be installed 59 Applicant will be required to install BMP s using the best available technology to mitigate any urban pollutants from entering the watershed 60 Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits The applicant shall provide a SWPPP for post construction which describes BMP s that will be implemented for the R development and including maintenance responsibilities 61 Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides pesticides fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality in the Riverside County NPDES Drainage Area Management Plan f 62 Applicant shall provide for flush BMP s using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles 63 Project shall adhere to all applicable NPDES requirements in effect at time of approval 64 In accordance with the City s Franchise Agreement for waste disposal and recycling the applicant shall be required to contract with CR&R Inc for removal and disposal of all waste material debris vegetation and other rubbish generated during cleaning demolition clear and grubbing or all other phases of construction Qty Council September 25 2007 Page 14 of 14 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT REVISION OF CHAPTER 14 08 STORMWATERIURBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS DISCUSSION Additional modifications t the ordinance are required i RECOMMENDATION Continue to the October 23 2007 City Council meeting CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO MAYOR AND CITY COUNCIL FROM ROBERT A BRADY, CITY MANAGER DATE SEPTEMBER 25, 2007 SUBJECT AMENDMENT TO LAKE ELSINORE MUNICIPAL CODE SECTION 2 46 060, SUBPARAGRAPHS I AND J REGARDING THE DUTIES AND RESPONSIBILITIES OF THE PUBLIC SAFETY ADVISORY COMMISSION ' BACKGROUND The Public Safety Advisory Commission desires to include traffic safety as part of its enumerated duties At the request of the Commission the City Attorney s office prepared a draft ordinance adding traffic safety to the list of Commission duties and responsibilities The Commission reviewed the draft ordinance at its September 12 2007 meeting Following this review the Commission voted to recommend that the City Council approve the attached draft ordinance DISCUSSION The attached draft ordinance amends Section 2 46 060 of the Municipal Code to provided that the Commission can hear citizens traffic safety complaints and concerns The amendment authorizes the Commission to communicate such complaints and concerns to City staff and then respond to those concerns in a timely manner The Commission was consistent in its view that the proposed ordinance not include review of planning or engineering decisions related to traffic Instead the Commission proposes to serve as a forum for citizens to address concerns regarding traffic safety and provide a mechanism to respond FISCAL IMPACT None I RECOMMENDATION Waive further reading and introduce Ordinance No amending Section 2 46 060 subparagraphs I and J of the Lake Elsinore Municipal Code regarding the duties and responsibilities of the Public Safety Advisory Commission Page 1 of 4 REPORT TO CITY COUNCIL SEPTEMBER 25, 2007 PAGE 2OF2 PREPARED BY DAVID H MANN ASSISTANT CITY ATTORNEY APPROVED BY ROBERT A BRADY CITY MANAGER Page 2 of 4 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 2 46 060, SUBPARAGRAPHS I AND J OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE DUTIES AND RESPONSIBILITIES OF THE PUBLIC SAFETY ADVISORY COMMISSION WHEREAS, the Public Safety Advisory Commission (the Commission ) was established to serve as a conduit of information and communication from residents and business people to the City s public safety code enforcement and emergency services professionals and WHEREAS, Chapter 2 46 of the Lake Elsinore Municipal Codes enumerates the duties and responsibilities of the Commission and provides that the Commission may request that the City Council consider additional duties and responsibilities for the Commission THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 That Section 2 46 060 subparagraph I is hereby designated as subparagraph J SECTION 2 That Section 2 46 060 subparagraph I is hereby added as follows I The Commission shall hear citizens complaints and concerns regarding traffic safety communicate such complaints and concerns to City personnel designated by the City Manager and report back to citizens within a reasonable time period SECTION 3 If any provision clause sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable SECTION 4 This Ordinance shall take effect thirty (30) days after the date of its final passage The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law Page 3 of 4 CITY COUNCIL ORDINANCE NO Page 2 of 2 INTRODUCED AND APPROVED UPON FIRST READING this day of 2007 upon the following roll call vote AYES ' NOES ABSENT ABSTAIN PASSED, APPROVED AND ADOPTED UPON SECOND READING this _ day of 2007 upon the following roll call vote AYES NOES ABSENT ABSTAIN Robert E Magee Mayor City of Lake Elsinore ATTEST Vivian Munson City Clerk City of Lake Elsinore APPROVED AS TO FORM Barbara Zed Leibold City Attorney City of Lake Elsinore Page 4 of 4