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Home My WebLink About10/09/2007 CC Reports CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E BOB MAGEE MAYOR DARYL HICKMAN MAYOR PRO TEM THOMAS BUCKLEY COUNCILMEMBER GENIE KELLEY COUNCILMEMBER ROBERT SCHIFFNER COUNCILMEMBER ROBERT A. BRADY CITY MANAGER WWW LAKE ELSINORE ORG (951) 674 3124 PHONE (951) 674 2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE CA 92530 ************************************************************************************* TUESDAY OCTOBER 9,2007 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 4th Tuesday of every month In addition meetings are televised live on Time Warner Cable Station Channel 29 and Venzon Subscnbers can view the meetings on Channel 31 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 Clerk s Office on the Friday prior to the Council meeting and are available on the City s web site at www lake elslnore orq 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 CALL TO ORDER 5 00 P M ROLL CALL CLOSED SESSION (1a) Conference wIth Legal Counsel- EXisting LItigation (Govt Code Section 54956 9(a)) Wlldomar and Lake Elsinore Residents for Responsible Growth v City of Lake Elsinore (Riverside Co Superior Court Case No RIC 449594) (1 b) Conference with Real Property Negotiator (Gov t Code Section 54956 8) Property APN 378 020 032 near the intersection of Nichols Road and Collier Avenue Negotiating Parties City of Lake Elsinore and property owner Mr Theodore King and Mrs LI Heng Under negotiations price and terms of payment (1c) Conference With Legal Counsel Anticipated Litigation Significant exposure to litigation pursuant to subdivIsion (b) of Govt Code Section 54956 9 (1 potential case) RECONVENE IN PUBLIC SESSION (7 00 P M I PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS/CEREMONIALS (2) Mayor Magee will present a proclamation In recognition of Relay for Life CLOSED SESSION REPORT PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE (Please read & complete a Speaker s Form at the podium pnor to the start of the CIty CounCil Meeting) PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker s Form at the podium prior 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 Council member or any member of the public requests separate action on a speCifiC Item) (3) Minutes of the FolloWlnq Meetlnq(sl 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 on March 13 2007 e Regular Meeting of March 13 2007 f Jomt City Council/Redevelopment Agency Study Session of March 27 2007 g Regular Meeting of March 27 2007 h JOint City Council/Redevelopment Agency Study Session of April 10 2007 Regular Meetmg of April 10 2007 Jomt City Council/Redevelopment Agency Special Study Session of April 19 2007 k Jomt City Council/Redevelopment Agency Study SessIon of April 24 2007 I Regular Meeting of April 24 2007 m Jomt City Council/Redevelopment Agency Special Study Session of April 26 2007 n Jomt City Council/Redevelopment Agency Study Session of May 8 2007 o Regular Meetmg of May 8 2007 P Jomt City Council/Redevelopment Agency Study Session of May 22 2007 q Regular Meetmg of May 22 2007 r JOint City Council/Redevelopment Agency Study Session of September 11 2007 S Regular Meetmg of September 11 2007 Recommendation Approve (4) Warrant List Dated September 28. 2007 Recommendation AuthOrize payment of Warrant List dated September 28 2007 (5) Investment Report Recommendation Receive and file (6) Claims Aaalnst the CltV Recommendation Reject the claims listed and direct the City Clerk S Office to send a letter mformmg the claimant of the deCISion (7) Purchase Order for Contract Plan Check Services for Fiscal Year 07/08 Recommendation AuthOrize the City Manager to approve a Purchase Order In the amount of $150 000 for Scott Fazekas and ASSOCiates to provide plan check services for fiscal year 07/08 ThiS amount was budgeted for In the 07/08 Buildmg DIVISion ProfeSSional Services account (8) Approval of Final Map No 32077 Recommendations 1 Approve Final Map No 32077 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 32077 (9) Advanced life Support Cardiac Monitor Replacement Recommendation Approve the purchase of three cardiac mOnitors for $3893546 to be funded with AMR fine revenues (10) 20072008 CDBG Supplemental Aqreement Recommendation Approve the allocation for 2007 2008 CDBG allocation as outlined In the fiscal Impact section of this report and authorize the Mayor to sign the agreement (11) Sidewalk Construction, Various Locations Additional Grant Fundlnq Recommendations 1 Authorize the use of additional $161199 CDBG Fund No 150 for this project 2 Authorize the return of $95412 of In Lieu Fees Fund No 205 to City Budget 3 Authorize the return of $65 787 of TraffiC Impact Fees to the City Budget Fund No 205 (12) Unltv In the Communltv Parade Request for Fee Waiver and Street Closures Recommendation Approve the fee waiver and closure of streets along the parade route for the 11th Annual Unity In the Community Parade (13) Reclassification of Receptionist POSition Recommendations 1 Approve reclassification of Office Specialist I to Customer Service Specialist 2 Approve budget adjustment moving the posItion salary from the Community Development Department to the Administrative Services Department 3 Approve a budget adjustment increasing of the salary and benefits from grade 23 to 32 ($8 600 total) for the current fiscal year (14) Purchase Authorization to Replace Desktop Computers with Dell Laptops Recommendation It IS determined to be Interest of the City to waive the bidding process and authorize the City Manager to sign and Issue a purchase order to Dell Computers Inc for replacing management s desktop PC s with Laptops (15) Disposal of Surplus Electronics as Scrap Recommendation Approve disposal of surplus electronic equipment to be scrapped as e waste PUBLIC HEARING (16) Vestlnq Tentative Parcel Map No 34978 (For Condominium Purposes), and Residential Deslqn Review No 2006 09 for Hunter s Rldqe Recommendations 1 Waive further reading and adopt a resolution adopting the findings that the entitlements are exempt from the Multiple Species Habitat Conservation Plan (MSHCP) 2 Waive further reading and adopt a resolution approving Vesting Tentative Parcel Map No 34978 which subdivides 28 76 acres of land within the Canyon Hills SpeCifiC Plan Into one lot 3 Waive further reading and adopt a resolution approving Residential DeSign ReView No 2006 09 for the Hunter s Ridge Condominium Community within Vesting Parcel Map No 34978 (17) Vestlnq Tentative Parcel Map No 34979 (For Condominium Purposes), and Residential Deslqn ReView No 2006 10 for Hidden Oaks Recommendations 1 Waive further reading and adopt a resolution adopting the findings that the entitlements are exempt from the Multiple Species Habitat Conservation Plan (MSHCP) 2 Waive further reading and adopt a resolution approving Vesting Tentative Parcel Map No 34979 which subdivides 28 76 acres of land within the Canyon Hills SpeCifiC Plan Into one lot 3 Waive further reading and adopt a resolution approving Residential DeSign ReView No 2006 10 for the Hidden Oaks Condominium Community within Vesting Parcel Map No 34979 (18) Approvlnq the Formation of FD 20074 (Makenna Court), Call1nq a Special Election, Canvasslnq Election Results. Authonzlnq Levy of Special Taxes Recommendations 1 Open the Public Heanng and call for testimony 2 Close the Public Heanng 3 Waive further reading and adopt a resolution of formation determining the validity of pnor proceedings and establishing City of Lake Elsinore Community Facilities Dlstnct No 2007 4 (Makenna Court) 4 Waive further reading and adopt a resolution to Incur bonded Indebtedness In the amount not to exceed $4 000 000 within the City of Lake Elsinore Community Facilities Dlstnct No 2007-4 (Makenna Court) and Calling a Special Election 5 Direct the City Clerk to open sealed ballot(s) tally vote(s) announce the vote tally and state whether 2/3 of the voters are In favor 6 Waive further reading and adopt a resolution canvassing the results of the Special Election held within the City of Lake Elsinore Community FacIlities Dlstnct No 2007 4 (Makenna Court) 7 Waive further reading and Introduce and ordinance authonzlng the levy of a services special tax and a special tax BUSINESS ITEMS (19) Toyota Motor Sales. USA - Aqreement Contalnlnq Covenants Recommendations 1 Approve the Agreement Containing Covenants Affecting Real Property 2 Authonze the Mayor to execute the agreement subject to any minor modifications as may be approved by the City Attorney (20) Second Readlnq - Ordinance No 1231. Amendment to Lake Elsinore Municipal Code Section 246 060. Subparaqraphs I and J Reqardlnq the Duties and Responsibilities of the Public Safetv Advlsorv Commission Recommendation Waive further reading and adopt Ordinance No 1231 amending Code Section 246 060 Subparagraphs I and J regarding the duties and responsibilities of the Public Safety AdvIsory CommiSSion PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker s Form at the Podium pnor 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 23 2007 at 5 00 pm 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 LLL~ VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE {f} ~ 6, >tJo7 DATE CITY OF ~ LAKE 6LSINO~ \ , ~.:'" DREAM E;(TREMEN REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9 2007 SUBJECT CLOSED SESSION ITEMS DIscussion a) Conference with Legal Counsel - EXisting Litigation (Gov t Code SectIon 549569(a)) Wlldomar and Lake Elsinore Residents for Responsible Growth v City of Lake Elsinore (Riverside Co Superior Court Case No RIC 449594) b) Conference with Real Property Negotiator (Gov t Code Section 549568) Property APN 378 020 032 near the intersection of Nichols Road and Collier Avenue Negotiating Parties City of Lake Elsinore and property owner Mr Theodore King and Mrs LI Heng Under negotiations price and terms of payment c) Conference With Legal Counsel Anticipated Litigation Significant exposure to litigation pursuant to subdiVISion (b) of Gov t Code Section 54956 9 (1 potential case) Recommendation Recess prior to adjournment of tOnight s meeting In order to conduct an executIve (closed) session Approved by Robert A Brady(J ~ City Manager IflDJ Agenda Item No 1 Page 1 of 1 CITY OF ~ LAKE 6LSINORI: , , ~.-:" DREAM E;(TREMEN REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9, 2007 SUBJECT PRESENTATION OF PROCLAMATION DISCUSSion Mayor Magee will present a proclamation In recognition of Relay For Life Recommendation Receive and file Approved by Robert A BradY~ City Manager Agenda Item No 2 Page 1 of 1 MINUTES JOINT CITY COUNCIUPLANNING COMMISSION SPECIAL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY FEBRUARY 1, 2007 CALL TO ORDER - 5 00 P M Mayor Magee called the JOint Special Study Session to order at 5 11 P m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE ABSENT PRESENT COUNCILMEMBERS COMMISSIONERS BUCKLEY (arrived at 513 pm) FLORES GONZALES MENDOZA ZANELLI 0 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 Prelsendanz 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 Prelsendanz presented the Development Review Process and EnVIronmental Procedure rei alive 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 Agenda Item No 3 Page 1 of 170 B Environmental Processes (CEQA and MSHCP Implementation) Community Development Director Prelsendanz 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 (DB ESP) 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 Prelsendanz on his presentation He commented on the National Environmental Protection Act and California Environmental Quality Act He indicated that he was working With the Army Corps Of Engineers In an attempt to come up With a clearer and more streamlined process that will accomplish what they believe to be the pOint With the MSHCP He indicated that he recognized the JUry was stili out With the before mentioned He believed 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 Denms 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 of Castle and Cooke, commented on the presentation He indicated he was confused With the direction of the process He expressed hiS concerns With the City s CEQA process as It related to development He indicated that the process was hard from a developer's standpOint since they start the process fairly early In the deSign of the development They try to coordinate the environmental concems where they anticipate problem areas as they go through the development He said 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 - which some of things can be done and other things should not be done He Indicated that he was a 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 indicated that he and hiS company have enjoyed working With the City He said that hiS company had not done a lot through the MSHCP In their processes He said the experiences that they have had have not been favorable He said one of the Issues had to do With a transportation element that was an exempted deSign Infrastructure development on Nichols Road He expressed hiS concern With the time It took to get through the process With the City LEAPS and CEQA He claimed that If the project was not subject to the 2 Agenda Item No 3 Page 2 of 170 MSHCP the road would be open by now He noted that what he heard dUring the presentation sounded very good and he would like to see It help mfrastructure and circulation elements Jim Good Attorney for Gresham Savage Law Firm mdlcated he was representmg MCA m Corona which IS a tile makmg company He said MCA owned a clay and aggregate mmeral property to the north of Nichols Road on the east Side of the I 15 He Indicated that he had a very keen mterest m the process because MCA would be submlttmg an application for a mmmg project which would lead to development for future commercial use He said they were most mterested m the CEQA process He noted that he did not know the history of how the CEQA process had been handled He mdlcated he was a mmmg attorney and did not have a good handle on that kmd of mformatlon He mdlcated that from a mlnmg perspective and where he has worked m 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 consultant hired by the mlnmg applicant He said that the draft had to be Independently reviewed by the city or lead agency He said the process had been very effiCient m regard to time and money He said when he reviewed the City s Policy that was adopted m 2000 he was unclear to exactly what was meant He mdlcated that one section of the policy referred to the City havmg a contract prepared directly by their own contractor He said further on m 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 said 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 mto State GUidelines 15084 He said State GUideline Indicated that any person mcludmg the applicant may submit mformatlon or comments to the lead agency to assist In the preparation of a draft EIR and that the submittal may be presented m any format mcludmg the form of a draft EIR He further noted that the State GUideline stated that the lead agency must conSider all mformatlon and comments received and that the lead agency may chose anyone of the fOllowmg arrangements or combmatlon for preparing a draft EIR which Include 1) preparing the draft EIR directly with the agency s own staff 2) contractmg with another entity 3) accepting a draft prepared by the applicant a consultant retamed 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 mdependent contractor He said he was lookmg for some understandmg He Inquired If It would stili 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 mdependent review He said he would like to see some policy direction given along that line Mayor Magee requested that City Attorney Leibold comment on the policy for third party contracts and how they are handled 3 Agenda Item No 3 Page 3 of 170 City Attorney Leibold commented that the CIty s practIce reqUired that the City contract with a CEQA consultant She indicated that It had been the practice of the City gUidelines since 2000 She stated there was no recommendation for any change and the policy IS consistent with the CEQA statutory law Chairman 0 Neal commented on the State CEQA gUidelines In the handout specific to Item No 4 He said It was interesting that In the language that IS used which stated It shall be prepared directly by or on third party contract He said there was no mention that there are two other ways that It could be prepared He said he was referring to Section D of 15084 specific to Items Nos 2 and 3 of the handout He indicated 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 stated he felt Item No 3 deals directly with the applicant hlnng theIr own consultant ASSistant City Attorney McClendon commented on a split of authonty He commented on a case out of the second dlstnct 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 Junsdlctlon 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 stated regardless of whether the applicant s consultant IS used or the City s consultant there should be a contract In order to comply with the literal language of 21082 1 A Scott Thayer of Castle & Cooke commented on the hlnng of consultants and the challenges high profile commercial development presents He inqUired who would withstand the funding of those challenges He said from hiS perspective he would like the opportumty to select the consultant and hire them with the review of the City He said If something went wrong he would Indemmfy 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 Commumty Development Director Prelsendanz explained the process for chOOSing a consultant He stated It was normal procedure to consult with the applicant and ask the applicant what consultant they have used In the past He stated If the consultant was on the City s list then staff would be more than happy to go forward with the applicant s request 4 Agenda Item No 3 Page 4 of 170 Heidi McBroom of Corman Leigh Commumtles commented on the inconsistencies with planners on different projects Jim Good commented on Assistant City Attorney McClendon s comments regarding the gUidelines He said he was well aware of the Redlands case He further Indicated that the gUidelines were stili 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 CEOA preparation approaches Hardy Strozier of Castle and Cooke, commented on the MSHCP and CEOA policy He said he has been working In the community since the early 1980 s He believed that the MSHCP IS currently adopted by the CounCil but not being Implemented according to the Council MSHCP Policy He said staff currently Interprets the MSHCP based on county staff and county consultants He said CounCIl Instructed staff In 2004 to plan for conservation of City land In the lower end of the acreage He said that CounCil also Instructed staff to balance conservation With economic development He said the City encouraged sound planning and to let the pnvate market place dnve the development according to the General Plan He indicated In one Instance the staff and City Attorney have 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 said they have recently shown that the MSHCP baseline biology underlies the entire MSHCP He indicated the county many times are In error With regards to the habitat He said the county s staff pOSition IS to make determinations based on baseline biology In the MSHCP and not Withstanding what IS actually In the field They say that the field biology does not prevail over what IS wntten In the MSHCP He expressed hiS concern and that of the other developers and said that the City needs a policy to correct that Mr Strozier said that the county s Implementing approach meant that even If the MSHCP conservation attnbutes reflected In the MSHCP cell If that cannot be met because of Incorrect biology the county would stili want conservation of the amount of land descnbed In the cell despite the biology facts He said the county was after the numbers and not after the biology and how animals can survive He said the county had modified their cells In linkage descnptlons In Horsethlef Canyon by board policy and declined to follow stnct MSHCP modification procedures He Indicated staff has also Interpreted the MSHCP as reqUlnng 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 believes that the City CounCil should prepare a new set of policy gUidelines for staff and land owners to follow In the Implementation and interpretation of the MSHCP 5 Agenda Item No 3 Page 5 of 170 Mr StrozIer said he was a lawyer and a planner He said he agreed with Mr Good m the sense that the State GUidelines are controlling He said that the La Vma case c1anfied the State GUidelines He recited Page 5 of the State GUidelines which read before usmg 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 mdependent Judgment of the lead agency He mdlcated If staff were to take on any other approach he would guarantee that the City would have maximum management overload He said the process that the City has been usmg to allow the landowner to prepare the EIR IS a tned and true process Commissioner Flores commented on the third party necessities and mdlcated that he would like to review the contract He mqUlred If there had ever been an mstance where a third party was not required Community Development Director Prelsendanz commented that smce he started with the City a third party contract had always been required for CEQA document preparation unless It was exempt Commissioner Flores mqUlred If there was another solution without a third party Community Development Director Prelsendanz 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 Councllmember Buckley commented on the third party Issue He stated that a CEQA document IS a City document He stated there had to be trust m the lIability of the people prepanng the CEQA documents He stated the last 45 mmutes of the conversation has been talking about Issues that Impacts very very very few people Assistant City Attorney McClendon commented that the City policy IS a sound policy He stated the policy avoids the appearance of Impropnety or collUSion which was something that the presiding Justice In the dissent of the La Vma case very eloquently spoke on City Attorney Leibold stated that It was their mterpretatlon based on the appellant court s decIsion governmg the dlstnct the rule IS that the City needed to be the contractmg entity She mdlcated that the City would ultimately be the one to enter mto contract on the matter of control and accountability Council member Buckley stated the City never forced a developer to pick a particular consultant 6 Agenda Item No 3 Page 6 of 170 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 that the City was supposed to make up He further commented on the I 15 and If the City was responSible for making up those acres for MSHCP 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 said the MSHCP IS a habitat based plan He said 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 stated there are circumstances where they can not achieve the levels that were estimated for which the permit was based on and they needed to demonstrate that they have conservation for 146 species He said 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 said that there may be some additional acreage requirements He said that those additional requirements mayor may not be within the City of Lake Elsinore He said that they expect to have some preliminary estimates In the coming weeks Council member Buckley asked since 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 The City did not have to make up for what PaCific Clay does not do City Manager Brady stated that staff had never stated that the 1 374 acres needed to be replaced Community Development Director Prelsendanz 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 Prelsendanz stated when projects first come In they are Issued 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 7 Agenda Item No 3 Page 7 of 170 City was currently prepanng the process to use the Navallne System He stated that at some pOint In the near future It would be computenzed He stated that currently the projects are logged Into a book and also put Into a computer application Councllmember Schiffner commented on the selection of consultants and the need to be particular about the selection Councllmember Kelley thanked the Planning Department for their thorough presentation She stated 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 the City of Lake Elsinore gave up more acreage than other areas did She stated 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 Prelsendanz responded 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 Council member Kelley expressed her concerns with Inconsistencies between planners Community Development Director Prelsendanz replied the Inconsistencies that Council member Kelley was referring to had to do with the Incompleteness letters within the first 30 days He stated that the City had 30 days to deem the project complete or Incomplete He indicated that In the past there were Incompleteness 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 also provide deSign comments up front Mayor Magee commented on Mr Strozier's statement regarding the Implementation 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 disappOintment With Mr Monaco s comments regarding the 1 300 acres He Indicated the City 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 stated the City was to have the final say If there was an Interpretation Issue He stated the challenge from the development community has conveyed that City staff had not been aggressive enough In disagreeing With the RCA s interpretation 8 Agenda Item No 3 Page 8 of 170 Community Development Director Prelsendanz responded the Planning Department had reviewed the JPR process In light of the Implementation Agreement He noted that the Planning Department s understanding of the Implementation Agreement was that through the JPR Findings of Consistency would come through the RCA He stated 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 IS right and what IS wrong Mayor Magee commented that he would like to see things move forward rather than languishing and If there IS a dispute he would like It to be brought forward to the 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 expressed hIS concern regardmg 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 IS different He stated that the City needs a policy change for these inCOnsistencies Joe Monaco of ReA 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 said the California Department of Fish and Game recently updated the vegetation mapping which gave them a more current database to work off With He said there has not been a comprehenSive comparison plan area Wide of differences such as naming conventions used In the claSSification system He said 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 Mayor Magee noted Executive Director Mullen nodding In agreement Councilmember Schiffner commented that any of the problems found In the system should be brought to the CounCil s attention and he would be happy to take the problems to the RCA Board 9 Agenda Item No 3 Page 9 of 170 Mayor Magee stated with respect to the third party contract Issue the only policy change being suggested by the development community that he has heard was from the development community and not from the City s Attorneys staff or City Council Mayor Magee indIcated he has 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 stated 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 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 pm ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE MICHAEL O'NEAL CHAIRMAN PLANNING COMMISSION ATTEST MICHELLE SOTO INTERIM CITY CLERK 10 Agenda Item No 3 Page 10 of 170 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY SPECIAL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE CALIFORNIA THURSDAY FEBRUARY 22, 2007 **************************************************************************************************** CALL TO ORDER - 5 00 P M Mayor Magee called the JOint Special Study Session to order at 5 04 P m ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS NONE Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Community Development Director Prelsendanz Public Works Director Seumalo BUilding & Safety Manager Chipman RDA Project Analyst McCarty Information/Communications Manager Dennis GIS Analyst Barrazo Administrative Assistant Paltza and Deputy City Clerk Soto DISCUSSION ITEMS A CIVIC Center City Manager Brady Introduced the Item and acknowledged Administrative Services Director Pressey and RDA Project Analyst McCarty for their outstanding work Administrative Services Director Pressey stated that RDA Project Analyst McCarty was new to the City presented his background education and skills RDA Project Analyst McCarty commented on meeting a member of the Historical Society and dIscussed the future of the City He gave a summary of the prevIous Study Session discussed the revitalization and vIsion of downtown as well as sites for the new CIVIC Center He commented on the Design Competition and the details associated With the competition He commented on the public faCilities that need to be updated and retrofitted 1 Agenda Item No 3 Page 11 of 170 Fred Dominguez commented the Main Street Merchants would like to keep City Hall on Main Street In addition to a post office Enwood Thompson representing Lee Ruben & Allen Partnership Developers commented that as an architect he was in favor of Site 4 He said the location IS Important and Main Street was the best location Kristine Zortman Shopoff Group, indicated the location was Important to a project She suggested having multi family housing nearby to bnng residents Into the CIVIC Center area Councllmember Buckley commented on the size of the Library and stated that the Vlck Knight library will remain open He also suggested renovating the eXisting Council Chamber If sites 1 or 2 are chosen Instead of bUilding a new one He noted the problem With site 1 will be the on gOing litigation He suggested the pOSSibility of bUilding upward on the new CIVIC Center Council member Kelley complimented RDA Project Analyst McCarty on his report charts pictures and the research that he completed She stated she liked site 1 and 2 combined but was In favor of site 4 She also stated she was In favor of a hlstoncal style of design and a peaceful campus setting She stated that there should be no more than 3 stones If It IS deCided to bUild up on the new CIVIC Center Mayor Pro Tem Hickman commented that the report was excellent He noted he was In favor of site 1 but because of legal problems that may not be pOSSible He inqUired whether or not the City has eminent domain authonty City Attorney Leibold stated the City does have eminent domain authonty for municipal projects Mayor Pro Tem Hickman commented that he was In favor of site 4 and site 2 He also stated he was In favor of the 2 stage competition and also of bUilding up beyond 3 stones If need be Council member Schiffner stated the reason for building was to revitalize the downtown area He stated he was In favor of combining sites 1 and 2 He indicated he was In favor of more than 3 stones Council member Buckley commented on the project being financially feaSible He stated that he met With the post office officials who Indicated that Lake Elsinore IS high on their pnonty list for a new faCIlity Mayor Pro Tem Hickman commented he was In favor of site 1 He stated the outflow channel could pOSSibly be made Into a nver walk He commented on the 2 Agenda Item No 3 Page 12 of 170 need to revitalize Main Street He noted site 4 would be an Ideal location for housing Mayor Magee commented on what the Council as a whole was In favor of He noted how he would like staff to proceed MOVED BY MAYOR MAGEE, SECONDED BY MAYOR PRO TEM HICKMAN TO DIRECT STAFF TO, 1) INCLUDE THE SITE 1 AND 2 COMBINATION IN ADDITION TO SITE 4 FOR CONSIDERATION, 2) AUTHORIZE A DESIGN COMPETITION IN A 2-STAGE PROCESS TO INCLUDE JUDGES THAT REPRESENT THE POST OFFICE AND LIBRARY, 3) BEGIN THE PROCESS TO EXPLORE THE 20 GRANTS AND STRATEGIES TO HELP IN THE REDEVELOPMENT OF DOWNTOWN, 4) PURSUE THE PURCHASE OF SITE 4, 5) TO HAVE THE DESIGN MAINTAIN THE HISTORIC STYLE OF DOWNTOWN AS PART OF THE ARCHITECTURE 6) TO HAVE THE DESIGN INCORPORATE A "CAMPUS STYLE" APPROACH IN REGARD TO THE SET UP OF THE FACILITY, AND 7) TO HAVE THE DESIGN INCLUDE UP TO 3 STORIES, POSSIBLY 4 Council member Buckley Inquired about changing the language on site 1 and 2 to consider legal ramifications and/or modifications He stated the Council should be less specific on the design competition RDA Project Analyst McCarty stated he Will provide specifications at the next Council Meeting THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE ADJOURNMENT Mayor Magee adjourned the JOint City Council/Redevelopment Agency Study Session at610pm ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO, DEPUTY CITY CLERK CITY OF LAKE ELSINORE 3 Agenda Item No 3 Page 13 of 170 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE CALIFORNIA TUESDAY, FEBRUARY 27, 2007 **************************************************************************************************** CALL TO ORDER Mayor Magee called the JOint Study Session to order at 4 00 P m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS BUCKLEY Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Community Services Director Sapp Lake & AquatiC Resources 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 Intenm 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 Authonty Study Session - January 9 2007 b Special City Council Meeting - January 9 2007 C City Council Meeting - January 9 2007 1 Agenda Item No 3 Page 14 of 170 2 Warrant List - Februarv 15. 2007 Mayor Pro Tem Hickman requested c1anficatlon of vanous checks Issued on the warrant list Staff clarified the Items 3 Additional Implementation documents to Concession AQreement with Destination R V Resorts Mayor Pro Tem Hickman Inquired on Amendment 1 City Attorney Leibold clanfied the Item Mayor Magee inquired when the project would be completed Lake & Aquatic Resources 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 CltV aCQuIsItion of Real Propertv from the Michael P Mackev and Elene F Mackev Trust. Tvra L Elliott. and DaVid and Elizabeth Harrold No comment 5 Request for participation Mayor Pro Tem 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 Umfied School District indicated the project IS stili 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 Councllmember Kelley Inquired whether the gym would be open for use dunng the summer months Mr Satley responded 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 Council member Schiffner InqUired whether or not Council would have the opportunity to reconSider thiS project 2 Agenda Item No 3 Page 15 of 170 Mr Satley indicated 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 offenng Council member Schiffner 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 indicated the School District IS obligated to the state to obtain a participant for a quarter of the funds He said 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 said 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 Aqreement and Bond No comments 7 Purchase & stocklnq of hvbrld 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 Resources Director Kilroy explained the process Council member Schiffner inqUired on the size of the fish that were last put In the lake Lake & Aquatic Resources Director Kilroy stated there IS no data at thiS time Mayor Magee InqUired If the City had spoken to EVMWD regarding the matter Lake & Aquatic Resources Director Kilroy stated that the City IS follOWing the fishery management plan and biological study for stocking the lake 3 Agenda Item No 3 Page 16 of 170 Mayor Magee commended Lake & Aquatic Resources Director Kilroy on his good work regarding the Item 8 Purchase of Lake Patrol vessel Mayor Magee InquIred If the 1984 Boston Whaler would show up on the Surplus Sale list soon City Manager Brady confirmed 9 Final Map No 32337 2 No comments 10 Verlzon Internet Service ProVider Aqreement I I \1 I :1 I, II 'I I No comments 11 ACOM Secure Laser Check Prlntlnq Solution Purchase No comments PUBLIC HEARING 21 Request for approval of a Resolution of Necessltv and authorization to commence eminent domain proceedlnqs to acqUIre Real Propertv necessarv for the Improvement of Nichols Road DaVid Frymire property owner indicated he Will be presenting a letter from hiS attorney diSCUSSing hiS objections at the 7 00 P m meeting BUSINESS ITEMS 31 Second readlnq - Ordinance No 1209 - Amendlnq applicable chapters of the Lake ElSinore MUniCipal Code bv modlfylnq Chapter 17 48 to allow card rooms as a conditional use. sublect to a Conditional Use Permit No comments 32 Second readlnq - Ordinance No 1210 - Approvlnq Zone Chanqe No 200610 to re zone the properties located at 20930. 20970 and 21000 Malaqa Road from Nelqhborhood Commercial to General Commercial No comments 4 Agenda Item No 3 Page 17 of 170 ~ 33 Second readlnq - Ordinance No 1211 - Amendlnq Section 2 08 030 of the Lake Elsinore MumclPal Code codlfylnq Redevelopment Aqencv Board Member compensation No comments 34 Commumtv Facilities District No 98 1 (Summerhill Public Improvements) - Debt Service Reduction Mayor Pro Tem Hickman requested clarification Don Hunt of Fulbnght & Jaworski Indicated the funds were received from the settlement and the sale of defaulted property In North Lake ElSinore 35 Sub Committee recommendation for PubliC Safetv Advlsorv Commission ApPOintment Council member 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 Tem Hickman selected Dr Shawn Bhutta to serve on the PSAC Mayor Pro Tem Hickman concurred 36 Resolution authorlzlnq the refundlnq of bonds for Community FaCIlities District No 90 2 (Tuscany 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 of Fulbnght & Jaworski said that the project IS Triple A rated and Interest rates are reasonable He also stated that they would commumcate 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 Tem Hickman commented on the Interest rates being lowered dUring times of recession Mr Hunt said there IS a lot of speculation on Interest rates and rates on bonds have been at historical lows He said that based on rates today the City can achieve an excess of $100 000 a year debt service savings on thiS bond Issue He indicated the numbers are significant In terms of savings today 5 Agenda Item No 3 Page 18 of 170 37 Approval of sub lease with Countv 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 Mayor Pro Tem Hickman commented on budget Items and cost He inqUired about the $2 million City reimbursement II II I I 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 Fnends Mayor Pro Tem Hickman inqUired about a fundralser for the animals to help this bond Issue go down Community Services Director Sapp stated that fund raisers 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 II II I 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 Mayor Pro Tem 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 6 Agenda Item No 3 Page 19 of 170 Councllmember Kelley inquired on the allotted time the City currently has for animal services She also inquired on the shelter taking In animals from the Horsethlef Canyon area Chris Anderson, Ammal Friends of the Valley reviewed the contents of the Contract She noted more hours are recommended In order to bring down the percentages and educate the community She said the shelter planned to take In animals from Horsethlef Canyon Council member Schiffner inqUired on what the City was provided dUring a flve- hour shift Willa Bagwell of Ammal Friends of the Valley explained what was being provided to the City She said It Included quarantines providing backup to the police department dUring drug raids patrolling for stray animals chroniC problems barking/dangerous animals and community education Councllmember Schiffner inqUired on what was being done different In Temecula and Murneta In a 12 hour shift Ms Bagwell indicated 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 reviewed the procedures In getting a bond rating Mayor Pro Tem Hickman InqUIred If the project could fit Into the City s budget Administrative Services Director Pressey responded that With a small shortfall the facility was affordable and stated there are areas to make up for the small shortfall and confirmed the City can afford It Don Hunt of Fulbrrght and JaworskI said he was hesItant to comment due to lack of knowledge on the particular tOpiC Councllmember Kelley inqUired on the pOSSibility of increasing the field service to 12 hours and what the standard rate would be Ms Anderson responded the cost would Increase approximately $75 000 to $90 000 more Ms Bagwell indicated that With more hours the City would be better able to solve problems In the field and get the community to comply With animal 7 Agenda Item No 3 Page 20 of 170 ordinances She also Indicated eight hours would be sufficient to provide animal control Ms Anderson indicated the Increase for eight hours would be $50 000 Mayor Magee expressed 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 pnce this will prevent the City from searching for funds to cover addlbonal costs He commented on the change regarding the animal tum In rate and noted he was under the assumption the number of the animals turned In would go down Community Services Director Sapp indicated the numbers would be vaned Mayor Magee thanked Animal Fnends of the Valley for their work In the community over the last 20 years Council member Kelley said the percentage rate would not come down without extending service hours Mayor Pro Tem Hickman commented on putting conditions on the vote for the project Community Services Director Sapp Indicated 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 No comments 3 Additional Implementation documents to Concession Aqreement with Destination R V Resorts No comments BUSINESS ITEMS None 8 Agenda Item No 3 Page 21 of 170 ADJOURNMENT The JOint City Council/Redevelopment Agency Study Session was adjourned at 5 19 pm ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO INTERIM CITY CLERK 9 Agenda Item No 3 Page 22 of 170 ~ MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27, 2007 **************************************************************************************************** CALL TO ORDER The Regular City Council MeetIng was called to order by Mayor Magee at 5 19 P m ROLL CALL PRESENT COUNCILMEMBERS ABSENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NONE Also present were CIty Manager Brady City Attorney Leibold Administrative ServIces Director Pressey Community Services Director Sapp Lake & Aquatic Resources Director Kilroy Planning Manager Weiner Information/Communications Manager Dennis City Engineer Seumalo Public Works Manager Payne Lieutenant Russ Wilson City Treasurer Weber and Intenm City Clerk Soto CLOSED SESSION The regular City Council meetrng was recessed Into closed session at 5 19 P m RECONVENE IN PUBLIC SESSION (7 00 PM) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Informatlon/Communlcatrons Manager DenniS INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting In a moment of Silent prayer 1 Agenda Item No 3 Page 23 of 170 ROLL CALL PRESENT MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT COUNCILMEMBER BUCKLEY (Returned at 7 08 pm) Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Community Development Director Prelsendanz Community Services Director Sapp Lake & Aquatic Resources Director Kilroy City Engineer Seumalo Information/Communications Manager Dennis City Treasurer Weber and Intenm City Clerk Soto CLOSED SESSION A PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov t Code 3 54957) City Manager B CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code 3 54956 8) Property APNs 375 350 012 016 017 030 031 035 036 057 Negotiating parties City of Lake Elsinore and Margaret Small First Amencan Trust Symantha Pham and Glenda Patton Under negotiation pnce and terms of payment C CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code 3 54956 8) Property APNs 389100015 389100016 389100019 389100024 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 pnce and terms of payment CLOSED SESSION REPORT City Attorney Leibold announced the Closed SessIon discussion Items as listed above She noted that Items A Band C were discussed and there was no reportable action PRESENTATION/CEREMONIALS A Proclamation - RT A Mayor Magee presented a Proclamation to Mayor Pro Tem Hickman 2 Agenda Item No 3 Page 24 of 170 Mayor Pro Tem Hickman accepted the proclamation and stated that It has been a pleasure to serve as the liaison to the RTA and explained the services provided by RTA B Proclamation - Eaale Scout Steven Anthonv Mayor Magee presented a 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 Lellonl Purcell, Fnends of the Library indicated they received a $15000 grant from Verlzon In order to purchase wireless computers for their new computer lab II II I I I I I CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY COUNCILMEMBER 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 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 R V and any minor modifications as may be approved by the City Attorney 3 Agenda Item No 3 Page 25 of 170 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 323372 and directed the City Clerk to accept all dedications sign the map and arrange for the recordation of Final Map No 32337 2 10 AuthOrized the City Manager to execute a purchase order for the purchase of the ACOM Secure Laser Check Printing Solution ITEMS PULLED FROM THE CONSENT CALENDAR 5 Request for partiCipation Councllmember Buckley requested thiS 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 4 Agenda Item No 3 Page 26 of 170 Mayor Pro Tern Hickman stated that Mayor Magee requested that the same be done for Lakeland Village Middle School MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM TO THE MARCH 13, 2007 CITY COUNCIL MEETING 10 Verlzon Internet Service Provider AQreement Councllmember Buckley inqUired whether or not Verlzon was broadcasting the City Council meetings on a local channel as promised He stated that breach of contract by Verlzon Will need to be added to the agenda MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM PUBLIC HEARINGS 21 Request for approval of a Resolution of Necessltv and authorization to commence eminent domain proceedlnQs to aCQUire Real Propertv necessarv 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 David Frymire, owner of a property on Nichols Road, said the property was purchased In May 2006 and at that time they were provided with maps He said there were no maps showing a proposed configuration and those maps and dates of approval were requested but never provided He said he had received an unacceptable offer letter from Castle & Cooke for hiS property He said he mailed a letter to the Council and received no response He said he did not receive a notice on when the actual realignment would occur and at It had affected the value of hiS property He indicated that he should have been notified In writing He indicated that In hiS letter he asked If the Council was considering eminent domain which was addressed to each Council member dated August 8 2006 Mr Frymire read hiS letter to Council David Varner, Real Estate Consultant said he assisted Mr Frymire with the purchase of the property He said there were many representations prior to the purchase with no mention of realignment He said the Item was a benefit and cost savings for Castle & Cooke He said the City has been of no assistance and 5 Agenda Item No 3 Page 27 of 170 has not offered or provided any Information to the Frymire family Mayor Magee InqUIred If there were any other requests to speak In favor or Opposition of this matter There being none Mayor Magee closed public heanng 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 tned 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 nght away MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM 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 Readlno - Ordinance No 1209 - Amendlno applicable chapters of the Lake Elsinore MUnicipal Code bv modifVlno Chapter 17 48 to allow card rooms as a conditional use. sublect to a Conditional Use Permit MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN 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 THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS NONE NONE 6 Agenda Item No 3 Page 28 of 170 1 I ABSTAIN COUNCILMEMBERS NONE 32 Second readlnQ - Ordinance No 1210 - ApprovlnQ Zone chanQe No 200610 to re zone the properties located at 20930. 20970 and 21000 MalaQa Road from NelQhborhood Commercial to General Commercial MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER 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 200610 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 NONE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS NONE NONE 33 Second readlnQ - Ordinance No 1211 - AmendlnQ Section 2 08 030 of the Lake Elsinore Municipal Code cOdlfvlnQ Redevelopment AQencv Board Member compensation MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER KELLEY TO ADOPT UPON SECOND READING BY TITLE ONLY, ORDINANCE NO 1211 ORDINANCE NO 1211 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 7 Agenda Item No 3 Page 29 of 170 THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS NONE NONE NONE 34 Communltv FacIlities District No 98 1 (Summerhill Public Improvements) - Debt Service Reduction Administrative Services Director Pressey presented the debt reduclion 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 Councllmember Buckley stated this was a group effort along with the people of Summerhill Mayor ProTem Hickman indicated he IS happy to decrease taxes MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY MAYOR PRO TEM HICKMAN CARRIED BY A UNANIMOUS VOTE TO APPROVE THE DEBT SERVICE REDUCTION 35 Sub Committee recommendalions for Public Safetv AdVISOry Commission apPointment Council member Kelley stated that she was on the subcommittee along with Councllmember Hickman and was very Impressed with the quality and number of applicants She recommended one applicant Dr Shawn Bhutta for appOintment with a recommended back up for the next appOintment Dr Shawn Bhutta Introduced himself to the Council and said he IS a teacher at ElSinore High School Mayor Pro Tem Hickman stated that Dr Bhutta was Involved with setting up the anti graffiti project In the High School 8 Agenda Item No 3 Page 30 of 170 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 COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN CARRIED BY A UNANIMOUS VOTE TO APPROVE APPLICANT APPOINTMENT TO THE PUBLIC SAFETY ADVISORY COMMISSION 36 Resolution authorlzlnQ the refundlnQ of bonds for Communltv FaCIlities District No 90 2 (Tuscany Hills PubliC Improvements) Administrative Services Director Pressey reported on the bond Issue and noted the significant savings to each household Mayor Pro Tem Hickman stated he reSides In Tuscany Hills and IS very pleased With the reduction MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER SCHIFFNER CARRIED BY A UNIANIMOUS VOTE TO ADOPT RESOLUTION 200724, 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 and noted the Cities Involved and the cost for the shelter Chrlstme Anderson, President of Ammals 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 Cmdy Gelback read a letter on behalf of veterinarian Dr Anderson and Animal Rescue Company She stated too many animals were being euthanlzed 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 Mary Craton Mayor of Canyon Lake she said Canyon Lake IS 100% behind thiS project 9 Agenda Item No 3 Page 31 of 170 Madeline Barnett indicated she has the documents from 1987 the founding year of Lake Elsinore Animal Friends She said 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 Ammal Friends encouraged CounCil to support the shelter Carole LeWIS indicated she was In favor of the shelter and encouraged the CounCil to vote In favor of this project Council member Buckley commented on the need for a new better and less expensive shelter He stated the cost IS fair for the amount of animals In the City s rural area Council member Kelley expressed her dismay With the portrayal of the CounCil s waffling In the newspaper She indicated the greatest concern of the City was a finanCial one Administrative Services Director Pressey Indicated that the City can afford this project Councllmember Kelley commented on dOing this project cheaper and 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 Tem Hickman stated an Increase In service hours may be feaSible He stated fund raisers can help With the extra cost Council member 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 10 Agenda Item No 3 Page 32 of 170 MOVED BY MAYOR MAGEE, SECONDED BY COUNCILMEMBER BUCKLEY CARRIED BY A VOTE OF 401, COUNCILMEMBER SCHIFFNER ABSTAINED COUNCIL RECESSED AT 9 00 P M COUNCIL 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 No comments COMMITTEE REPORTS None CITY TREASURER COMMENTS No comments CITY COUNCIL COMMENTS Councllmember Kelley commented on the following 1) Community events dUring May 2) Congratulated Friends of the Library on their grant Councllmember Schiffner commented on the follOWing No comments Mayor Pro Tem Hickman commented on the follOWing 1) Thanked Community Services Director Sapp for replacing trees In Lake Pomt Park 11 Agenda Item No 3 Page 33 of 170 Councllmember Buckley commented on the followmg 1 ) Stated he was pleased with decIsion made on the ammal shelter Mayor Magee commented on the followmg 1) ProposItion 1 B Bond funds for transportation 2) The newspapers failure to report good Items 3) Closed meeting In honor of those seIVlng our nation The Regular City Council Meeting was adjourned at 9 06 P m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO INTERIM CITY CLERK 12 Agenda Item No 3 Page 34 of 170 ~ MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY MARCH 13,2007 **************************************************************************************************** CALL TO ORDER Mayor Magee called the JOint Study Session to order at 4 02 p m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS BUCKLEY Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy Planning Manager Weiner PubliC Works Manager Payne Community Development Director Prelsendanz City Engineer Seumalo Intenm 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/Public Safety AdvIsory Commission Study Session - November 9 2006 b JOint City CounCil/Redevelopment Agency Study Session - January 18 2007 1 Agenda Item No 3 Page 35 of 170 ~ 2 Warrant List - Februarv 28. 2007 Mayor Pro Tem Hickman complimented Administrative Services Director Pressey for the extra details 3 Investment Report - Januarv 31.2007 Mayor Pro Tem Hickman commented on negative accounts and inqUired on the reason for this Administrative Services Director Pressey stated there was a tax receipt at the end of January also a large debt service payment and It IS a timing Issue He stated there have been delinquencies that have been aggressively pursued by the City He stated the delinquency average IS approximately seven percent 4 Centex Homes - Final Map No 32503 No comments 5 Resolution of Intention to annex propertv Into CFD No 2006 05 (Parks. Open Space and Storm Drain Maintenance) and to authorize the levv of a special tax within Annexation Area No 1 (Tract 32503) No comments 6 Resolution of Intention to annex propertv Into CFD No 2003010 (Law Enforcement. Fire and Paramedic Services) and to authorize the levv of special tax within annexation Area No 22 (Tract 32503) No comments 7 Resolution Inltlatlnq proceedlnqs and approvlnq the Enqlneer's for Annexation of certain terrltorv known as Tract No 32503 Into the Cltv of Lake Elsinore Landscape and Street Liqhtlnq District No 1 as LLMD Annexation No 16 (Tract 32503) No comments 8 Chanqe proceedlnqs for CFD 2004 3 (Rosetta Canvon) Mayor Pro Tem Hickman inqUired If the Centex gOing Into this CFD Administrative Services Director Pressey stated that Centex purchased additional property and this will be added to the eXisting CFD 2 Agenda Item No 3 Page 36 of 170 9 Purchase of two police motorcycles No comments 10 Blue Star Prooram Mayor Pro Tem Hickman stated the Blue Star Program was an excellent Idea City Manager Brady complimented Marlene Paltza for bnnglng this program to Council s attention 11 New cOPier lease with Innovative Document Solutions for CltVWlde usaoe No comments 12 Retainer Aoreement with Redwine and Sherrill to serve as special counsel for City condemnation of Real Property necessary for the Improvement of Nichols Road City Attorney Leibold stated she recommended special counsel because of circumstances 13 Authonzatlon for the CltV Manaoer to execute and asslonment of Prolect Deslon Consultant s nohts and oblioatlons under their Professional Services Aoreement With the City to Helix EnVIronmental Plannlno, Inc No comments 14 Resolution supportlnO the City of San Jacinto s efforts to have the San Jacinto River, Staoe Four Levee prolect constructed Mayor Pro Tem Hickman inquired about the levee Mayor Magee stated the levee IS to protect San Jacinto from flood damage City Manager Brady indicated the levee will also help Improve water quality PUBLIC HEARING 21 Appeal of the deCISion of the Plan nino commiSSion relative to the amendment of Conditions for ReSidential Deslon ReView No 2004 20 City Attorney Leibold indicated staffs recommendation IS to continue thiS ,tern and defer deliberation until March 27th She stated that It IS unclear as to what the applicant IS requesting 3 Agenda Item No 3 Page 37 of 170 Mayor Pro Tern Hickman inquired If the area IS allowed to bUild septic tanks City Attorney Leibold responded the original conditions of approval require sewer connection Mayor Magee noted the water district s concerns BUSINESS ITEMS 31 Resolution supportlnq AS 291 requestlnq Caltrans relinqUishment of State Route 74 to the City of Lake Elsinore Counctimember Schiffner inqUIred when the City Will be ready to negotiate City Engineer Seumalo responded once the bill has gone through the State Senate and Assembly Caltrans Will work up a proposal on the limits and what Will be offered Mayor Magee InqUIred on the City being able to get out If the deal IS not acceptable City Engineer Seumalo indicated thiS would occur should the deal not be acceptable Mayor Pro Tern Hickman inqUired If thIS would help With the 74 and Central City Engineer Seumalo stated thiS Will give the City the right of way Within the City limits 32 Commercial Deslqn Review No 2006 08 for a proposed McDonald s Restaurant located at. 18283 Collier Avenue Mayor Magee expressed thiS concern With the project taking eight months to get before CounCil Community Development Director Prelsendanz stated that the applicant experienced set backs and delays Mayor Pro Tern Hickman inqUired If thiS was the same franchise owner as the others In the City Community Development Director Prelsendanz stated he was not certain 33 ConSideration of CommercIal Deslon Review No 2006 01 for the prolect known as Lakeshore Plaza ShoPPlno Center' No comments 4 Agenda Item No 3 Page 38 of 170 , 34 Consideration of Commercial Deslqn Review No 2006 09 for the prolect known as MIssion Trail ShoPPlnq Center Renovation Mayor Pro Tem Hickman inquired on the location and stated this would be a nice Improvement I I ~ I I I I I I Mayor Magee inquired If the monument sign IS within the current sign code standard Community Development Director Prelsendanz stated that It was and IS a legal non conforming Issue Mayor Pro Tem Hickman inquired on the progress of the bowling alley and will It open by Apnl 151 Community Development Director Prelsendanz responded the bowling alley will open on Apnl 151 I' I I I I I I I REDEVELOPMENT AGENCY CONSENT CALENDAR 1 Minutes a) JOint City Council/Redevelopment Agency Study Session - January 18 2007 No comments 2 Warrant List - February 28. 2007 No comments 3 Investment Report - January 2007 No comments BUSINESS ITEMS 4 Commercial Deslqn ReView No 2006 08 for a proposed McDonald s Restaurant located at 12883 Collier Avenue No comments 5 Agenda Item No 3 Page 39 of 170 "'.- 5 ConsIderation of Commercial Deslon Review No 2006 01 for the prolect known as Lakeshore Plaza ShoPPlno Center' No comments 6 Consideration of Commercial Deslon Review No 2006 09 for the prorect known as MIssion Trail ShoPPlno Center Renovation No comments ADJOURNMENT Mayor Magee adjourned the City Council/Redevelopment Agency study session at 4 23 pm ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 6 Agenda Item No 3 Page 40 of 170 --- MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 13 2007 **************************************************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 02 P m ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS NONE Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Administrative Services Director Pressey Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy Planning Manager Weiner City Engineer Seumalo Information ICommunlcatlons Manager Dennis Chief of Police Fetheroff and Intenm City Clerk Soto CLOSED SESSION The regular City Council meeting was recessed Into closed session at 5 02 P m RECONVENE IN PUBLIC SESSION (7 00 P M) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Donna Franson INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting In a moment of silent prayer 1 Agenda Item No 3 Page 41 of 170 ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS NONE Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Administrative Services Director Pressey Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy Planning Manager Wemer City Engmeer Seumalo Information ICommunlcatlons Manager Dennis Chief Fetheroff and Intenm City Clerk Soto CLOSED SESSION A PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov t Code ~ 54957) City Manager B PUBLIC EMPLOYMENT TItle City Clerk C CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdiVISion (c) of Govt Code S 549569 (1 potential case) D CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code ~ 54956 8) Property APNs 389100015 Negotlatmg parties City of Lake Elsmore and David L & Margot M Frymire Under negotiation pnce and terms of payment CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session diSCUSSIon Items as listed above She noted that Items ABC and D were discussed and there was no reportable action PRESENT ATIONICEREMONIALS A Proclamation - Read Across Amenca Mayor Magee presented a proclamation to Lellonl Purcel recognlzmg Read Across Amenca 2 Agenda Item No 3 Page 42 of 170 Lellonl Purcell of Fnends of the Library accepted the proclamation and thanked Mayor Magee and City Council She stated that Friends of the Library are sponsors to all the children and adult reading programs B Proclamation - Bovs & Girls Club Week Councllmember Kelley presented a proclamation to Art Gutierrez In recognition of Boys & Girls Club Week Mr Gutierrez of the South West Boys and Girls Club accepted the proclamation and stated his appreciation to the City Council He also stated that the Boys & Girls Club gets the kids off the street and Into a safe environment PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE APPROVE THE CONSENT CALENDAR 1 The follOWing minutes were approved a JOint City Council/Public Safety AdVISOry Commission Study Session - November 9 2006 b JOint City Council/Redevelopment Agency Study Session - January 18 2007 2 Ratified Warrant List - February 28 2007 3 Received and filed Investment Report - January 31 2007 4 Approved Final Map No 32503 and authorize the City Clerk to accept all dedications sign the map and arrange for recordation 6 Adopted Resolution No 2007 26 of intention to annex property from Annexation Area No 22 (Tract 32503) Into CFD 2003 1 and schedule a public hearing on Annexation Area No 22 for April 24 2007 7 Approved Engineer s report for Annexation No 16 to LLMD No 1 Adopting Resolution No 2007 27 declaring the intention to annex Tract 32503 Into LLMD No 1 and schedule a public hearing on the District Formation for April 10 2007 8 Adopted Resolution No 2007 28 of intention to annex property from Annexation Area No 1 Into CFD 2004 3 and schedule the public hearing on Annexation Area 3 Agenda Item No 3 Page 43 of 170 9 Approved exemption to the bid process for the sole source vendor and approve approxImately $51 000 to be spent out of the Traffic Offender Fund for the purchase of two police motorcycles 10 Approved the Blue Star Program to honor the family members of our City staff and City residents who are serving In the armed forces 11 Approved the digital copier lease proposal and authOrize the City Manager to I execute the 60 month Mumclpal Lease Agreement 12 Approved of the agreement and authOrize the City Manager to execute the agreement 13 Authonzed the City Manager to execute an assignment of PDC s rights and obligations under the Contract With Helix With regard to preparation of CEQA compliance documents for the Wasson West Project 14 Adopted Resolution No 200729 In support of the City of San Jacinto s efforts to have the San Jacinto River Stage Four (4) Levee project constructed PUBLIC HEARINGS None APPEALS 21 Appeal of the deCISion of the Planmno Commission relative to the amendment of Conditions for ReSidential Deslon ReView No 2004 20 City Attorney Leibold requested that thiS Item be continued until the next scheduled meeting Mayor Magee stated the Water District If very concerned With project MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THIS ITEM BUSINESS ITEMS 31 Resolution supportlnO AB 291 reQuestlnO Caltrans relinqUishment of State Route 74 to the CltV of Lake ElSinore City Engineer Seumalo commented on the resolution supporting AB291 He stated staff IS recommending support and adoption of the resolution 4 Agenda Item No 3 Page 44 of 170 MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY IA UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 30 32 Commercial Deslon Review No 2006 08 for a proposed McDonald s Restaurant located at 18283 Collier Avenue Community Development Director Pre,lsendanz presented the Commercial Design Review of McDonalds that will be located In Oak Grove Target Shopping Center He stated Planning Commission approved and recommends thiS resolution be adopted MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND :CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 31 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP , MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-32 ADOPT RESOLUTION NO 200732 APPROVING COMMERCIAL DESIGN REVIEW NO 2006 08 33 Consideration of Commercial Deslon Review No 200601 for the prolect known as Lakeshore Plaza ShoPPlno Center' Community Development Director Prelsendanz presented the Commercial Design Review for a new shopping center located on the north east corner of Lakeshore Drive & Machado Street MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-33 MAKING FINDINGS OF CONSISTENCY WITH THE MULTI SPECIES HABITAT CONSERVATION PLAN CounCil member Kelley stated that alcohol will be sold In thiS shopping center Community Development Director Prelsendanz responded that Chief of Police recommended restrictions with gUidelines to selling alcohol Chief of Police Fetheroff commented on concerns with positioning of the alcohol products In the store total alcohol sales and over concentration Mayor Magee inqUired as to applicant being responsible to construct a median on Machado and Lakeshore 5 Agenda Item No 3 Page 45 of 170 Commumty Development Director Prelsendanz stated that yes the applicant IS responsible MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 34 NO 2007 34 APPROVING COMMERCIAL DESIGN REVIEW NO 2006 01 34 Consideration of Commercial DeslQn Review No 2006 09 for the project known as MIssion Trail ShoPPInQ Center Renovation I' Commumty Development Director Prelsendanz presented the Commercial Design Review for Stater Bros at MIssion Trail Center He stated that the Planmng Commission recommended approval MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-35 APPROVING COMMERCIAL DESIGN REVIEW NO 2006 09 COUNCIL RECESSED AT 723 P M COUNCIL RECONVENED AT 7 24 P M PUBLIC COMMENTS Pete Dawson commented on LEMSAR (Lake Elsinore Manne Search and Rescue) training volunteer hours and safety classes Albla Miller indicated she was against the cutting down of trees In the commumty Albla Miller read a petition against the cutting down of trees Into the record She also stated she has 200 signatures for petition Keith Adey IS In support of the tree ordinance CITY MANAGER COMMENTS City Manager Brady commented on the follOWing 1) The upcoming Commumty calendar events CITY ATTORNEY COMMENTS No comments 6 Agenda Item No 3 Page 46 of 170 COMMITTEE REPORTS None CITY TREASURER COMMENTS No comments CITY COUNCIL COMMENTS Councllmember Kelley commented on the followmg 1) Community events dUring May 2) Happy St Patrick s Day Councllmember Schiffner commented on the followmg 1) Thanked all for attending Mayor Pro Tem Hickman commented on the followmg 1) Thanked Police for their qUick response to an accident that occurred on Lakeshore Drive Councllmember Buckley commented on the followmg 1) Thanked ElSinore Women s Club for the Invitation to speak 2) Announced the winners of the Annual Art Show Mayor Magee commented on the followmg 1) Commended City Staff for their hard work on Serenity Park Mayor Magee adjourned the Regular City Council Meeting at 7 36 P m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO INTERIM CITY CLERK CITY OF LAKE ELSINORE 7 Agenda Item No 3 Page 47 of 170 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE EL.SINORE 183 NORTH MAIN'STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 13,2007 **************************************************************************************************** CALL TO ORDER - 5 00 P M The Redevelopment Agency Meetmg was called to order by Chairman Buckley at 7 23 pm ROLL CALL PRESENT MEMBERS BUCKLEY HICKMAN KELLEY MAGEE SCHIFFNER NONE ABSENT MEMBERS Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Administrative Services Director Pressey Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy Planmng Manager Weiner City Engineer Seumalo Information/Communications Manager Dennis Chief Of Police Fetherolf and Interim Agency Secretary Soto CLOSED SESSION A CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt 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 1 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 Agenda Item No 3 Page 48 of 170 PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE No comments PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No comments CONSENT CALENDAR MOVED BY VICE CHAIR KELLEY, SECONDED BY MEMBER HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED 1 Minutes a JOint City Council/Redevelopment Agency/Study Session January 18 2007 2 Ratified Warrant List - February 28. 2007 3 Received and flied Investment Report - January 2007 BUSINESS ITEMS 4 Concur with City CounCil on Commercial Deslqn ReYlew No 2006 08 for a proposed McDonalds s Restaurant located at 18283 Collier Avenue MOVED BY MEMBER SCHIFFNER SECONDED BY VICE CHAIR KELLEY AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION 5 Concur with City CounCil on conSideration of Commercial Deslqn Review No 2006 01 for the project known as Lakeshore Plaza ShoPPlnq Center' MOVED BY MEMBER SCHIFFNER SECONDED BY VICE CHAIR KELLEY AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION 6 Concur with City CounCil on conSideration of Commercial deslqn Review No 2006 09 for the prolect known as MIssion Trail ShoPPlnq Center Renovation MOVED BY MEMBER SCHIFFNER SECONDED BY VICE CHAIR KELLEY AND CARRIED BY A UNANIMOUS VOTE TO CONCUR WITH CITY COUNCIL ACTION 2 Agenda Item No 3 Page 49 of 170 PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES No comments EXECUTIVE DIRECTOR COMMENTS No comments LEGAL COUNSEL COMMENTS No comments BOARDMEMBER COMMENTS No comments ADJOURNMENT Chairman Buckley adjourned the Redevelopment Agency meeting at 7 24 P m THOM~S BUCKLEY CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO, INTERIM AGENCY SECRETARY CITY OF LAKE ELSINORE 3 Agenda Item No 3 Page 50 of 170 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY MARCH 27, 2007 **************************************************************************************************** CALL TO ORDER Mayor Magee called the JOint Study Session to order at 4 00 P m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE BUCKLEY ABSENT COUNCILMEMBERS Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Communrty Development Director Prelsendanz Communrty Services Director Sapp Planning Manager Weiner Public Works Manager Payne BUilding & Safety Manager Chipman City Engineer Seumalo Assistant Planner Carlson and Administrative Specialist Dana Porche 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 Tem 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 Tem Hickman inqUired about the status of the lighting on Lakeshore Drive 1 Agenda Item No 3 Page 51 of 170 City Manager Brady gave an update and stated the lights should be operational by the end of Apnl Mayor Pro Tem Hickman commented on the credit card for the Community Services Department Community Services Director Sapp stated that It IS used between vanous departments 2 Public Safetv AdvIsory Commission 2006 Annual Report Mayor Pro Tem Hickman commended the report Council member Kelley commented on the amount of work done 3 Purchase of two utllltv bed Pickup trucks Mayor Pro Tem Hickman InqUired If the new pickups were replaCing other vehicles Public Works Manager Payne stated they are replacmg other vehicles Mayor Magee thanked Public Works Manager Payne for shopping locally 4 Purchase of compact tractor loader Mayor Pro Tem Hickman mqUlred of the abilities of the tractor Pub/lc 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 Stnpmq and Markmq Mamtenance Mayor Pro Tem Hickman mqUlred about the discrepancy In pnce Public Works Manager Payne commented on the overhead and the size of the PCI Company Mayor Pro Tem Hickman commented on correctmg the stnpmg on vanous streets Councilmember Kelley commented on other areas In need of corrective stnplng 2 Agenda Item No 3 Page 52 of 170 6 Amendment to CltV Manaoer's Emplovment Aoreement No comments 7 Additions to Aoreement for Professional Services - STK Architecture. Inc - Architectural and construction manaoement services for Rosetta Canvon Fire Station. Park and Deslon 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 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 Councllmember Schiffner inquired when construction Will start on Phase 1 Administrative Services Director Pressey stated that Phase 1 construction Will start approximately around June 12th 8 Resolution adoptlno the CltV of Lake ElSinore Emeroencv Operation Plan City Manager Brady commented on staff prepanng the program He thanked Public Works Manager Payne for his work In prepanng 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 Councllmember Schiffner inqUired on the Police and Fire Department commenting on the program 3 Agenda Item No 3 Page 53 of 170 City Manager Brady confirmed and stated that the Police and Fire Department are part of the emergency response plan 9 Tree Removal - Cltv Park Council member 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 I sewer lines He also commented on the types of trees that will be planted Councllmember Kelley commented on the concern for the community s response to the tree removal She inquired on when the trees will be removed 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 Councllmember Kelley stated the City will need to be prepared to hear from the community She Inquired on a plan for road closures dunng 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 Councllmember Kelley stated she would volunteer Mayor Pro Tern Hickman stated he would volunteer 4 Agenda Item No 3 Page 54 of 170 PUBLIC HEARING 21 Adoption of Resolution No 200737 approvlna the CltV of Lake Elsinore Traffic Impact Fee Update Studv and Increaslna Traffic Infrastructure Fees for development prolects within the City of Lake Elsinore City Manager Brady stated this Item Will be continued to Apnl 24th 22 An Ordinance of the City of Lake Elsinore amendlna Sections (1683020. 1683030.1683040. 1683050. 1683060. and 1683080) of Chapter 16 83 of the Lake Elsinore MUnicIPal code reaardlna the Transportation Uniform Mltlaatlon Fee Proaram No comments 23 An Ordinance of the CltV of Lake Elsinore amendlna Ordinance No 1124 to modify the Index for calculatlna annual adlustments to the Development Mltlaatlon Fee for fundma the Western RiverSide County Multiple Species Habitat Conservation Plan and codlfyma said Ordinance as Chapter 1685 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 Plannlna CommiSSion relative to the Amendment of Conditions for ReSidential Deslan Review No 2004-20. related to connection to public sewer Mayor Pro Tem Hickman stated he would like to hear from ElSinore Water Department and does not want to set precedence City Manager Brady stated that applicant tned to Install a sewer system I Councllmember Hickman inqUired on the use of a septic tank I City Manager Brady stated It was because of the cost factor Mayor Pro Tem Hickman inqUired on the use of a septic tank when the sewer line IS near the applicant s property Community Development Director Prelsendanz stated the distance from the sewer line and the applicant will be reqUired to link to the sewer system Mayor Pro Tem Hickman inqUired on the vote by the Planning Commission 5 Agenda Item No 3 Page 55 of 170 ..... Community Development Director Prelsendanz indicated the members who voted for this Item He also stated that staff recommended denial of this Item Council member Kelley commented on a newspaper arlicle regarding Inspeclions Community Development Director Prelsendanz stated the onglnal condition required sewer this was the applicant s 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 CounCil member Schiffner stated this IS Council s deCISion for sewer or septic tank City Treasurer Weber noted that the applicant will need the sewer With septic tanks BUSINESS ITEMS 31 Commercial Deslqn Review No 2006 14. a request to Install a soli and qroundwater remediation svstem Within a block wall enclosure at an eXlstlnq service station No comments 32 Commercial DeslQn Review Prolect No 2006 16 Community Development Director Prelsendanz 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 liming If a burrowing owl nest IS found Community Development Director Prelsendanz responded that the applicant would have to walt 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 Deslqn Review No 2007 05 for the prOlect known and CInQular Wireless Monopalm Cellular Tower Facllltv Mayor Pro Tem Hickman commented on another project being affected 6 Agenda Item No 3 Page 56 of 170 Community Development Director Prelsendanz stated that this would not affect the project 34 Commercial Deslon Review No 2006-07 for two new fuel dispensers and related on site Improvements for an eXlstlno Arco (AM/PM) oas station and convenience store located at 29355 Central Avenue Mayor Pro T em Hickman inquired on the space available for thiS project Community Development DIrector Prelsendanz 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 Council member Schiffner commented on being In favor of thiS project 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 PSAC Recommendation Amendment to Lake ElSinore MUniCipal Code. Chapter 8 52. reoardlnO fireworks No comments 36 Recommendation by PSAC and amendment to Lake ElSinore MUniCipal Code. Chapter 9 52 reoardlnO oraffitl No comments 37 Premise Lease - City Park Mayor Pro Tem 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 Manaoer's Employment Aoreement No comments 7 Agenda Item No 3 Page 57 of 170 - BUSINESS ITEMS 3 Commercial Deslqn Review No 2006 16 (Diamond Professional Plaza) No comments 4 Consideration of Commercial Deslqn Review No 2007 05 for the orolect known as Clnqular Wireless Monooalm Cellular Tower Facllttv No comments 5 Commercial Deslqn Review No 2006-14. a request to Install a sOil and qroundwater remediation svstem within ,a block wall enclosure at an eXlstlnq service station I No comments ADJOURNMENT The JOint City Council/Redevelopment Agency, Study Session was adjourned at 502 PM ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE , THOM~S BUCKLEY CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO INTERIM CITY CLERK CITY OF LAKE ELSINORE 8 Agenda Item No 3 Page 58 of 170 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 27, 2007 ************************************************************************************************ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 02 p m ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS NONE Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Community Development Director Prelsendanz Community Services Director Sapp Planning Manager Weiner City Engineer Seumalo BUilding and Planning Manager Chipman and Planning Intern Bltterolf Chief of Police Fetherolf Interim City Clerk Soto and Administrative Specialist Dana Porche CLOSED SESSION The Regular City Council Meeting was recessed Into Closed Session at 5 02 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 1 Agenda Item No 3 Page 59 of 170 ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS NONE Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Community Development Director Prelsendanz Community Services Director Sapp , Planning Manager Weiner City Engineer Seumalo BUilding and Planning Manager Chipman and Planning Intern Bltterolf Chief of Police Fetherolf Interim City Clerk Soto and Administrative Specialist Dana Porche CLOSED SESSION A PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov t Code ~ 54957) CIty Attorney I B CONFERENCE WITH REAL PROPERTX 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 S 54956 8) Property APN 389100015 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 ~ 549569 (1 potential case) CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session diSCUSSion Items as listed above She noted that Items ABC and D were discussed and there was no reportable action 2 Agenda Item No 3 Page 60 of 170 PRESENT A TION/CEREMONIALS A Chamber of Commerce Update Kim COUSinS commented on the Chamber of Commerce active memberships I and upcoming Chamber events He stated that the VISitOrs Bureau webslte has I been launched B EVMWD Presentation Phil Miller of the Elsinore Valley Munrclpal Water District commented on new I 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 webslte and the web address EVMWDCIPO com Council member Buckley clarified the web address PhI' MIller commented on all projects WIll display a sign WIth a dedIcated hotllne for any public concerns or questions He stated the CIPO webslte Will be displayed as well Mayor Magee thanked Mr Miller for his presentation PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE Leonard Lelchmtz commented on the availability of staff reports and agenda s online Ken Nelml 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 COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE APPROVE THE CONSENT CALENDAR AND PULL ITEM #9 1 Ratified Warrant List - March 15 2007 2 I 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 Agenda Item No 3 Page 61 of 170 5 Authonzed Award of Contract - Street Stnplng and Marking Maintenance 6 Approved and Authonzed Amendment to City Manager s Employment Agreement 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 MAYOR MAGEE SECONDED B'V: COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ACCEPT STAFF RECOMMENDATION TO LIST COUNCILMEMBER KELLEY AND MAYOR PRO TEM HICKMAN AS A SUB COMMITTEE ITEMS PULLED FROM CONSENT CALENDAR 9 Concur with Tree Removal - CltV Park Councilmember Kelley requested that Community Services Director Sapp provide clanflcatlon 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 stated that the trees may be replaced with queen palms Councllmember Kelley stated she would like staff to expedite the replacement of the trees as soon as possible Council member Buckley Inquired on the' amount of trees that Will be removed I and 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 Tem Hickman stated he would like staff to work with the Palm Tree committee In obtaining palms to replace removed trees MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM 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 Agenda Item No 3 Page 62 of 170 PUBLIC HEARINGS 21 Adoption of Resolution No 2007 37 approvlnO the Cltv of Lake Elsinore Traffic Impact Fee Update Study and Increaslno Traffic Infrastructure Fees for development prolects within the City of Lake Elsinore City Manager Brady Indicated staff IS recommending that this Item be continued to the City Council Meeting of April 24th IIn order to receive more Input from the Development Community MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THIS ITEM UNTIL APRIL 24!H CITY COUNCIL MEETING 22 An Ordinance of the City of Lake Elsinore amendlno Sections (1683020. 1683030. 1683040. 1683050. 1683060 and 1683080) of Chapter 1683 of the Lake Elsinore MUnicipal Code reoardlnO the Transportation Uniform Mltloatlon Fee Prooram City Attorney Leibold commented on TUMF Ordinance clean up She stated that the fees were adjusted several months ago , MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY MAYOR PRO TEM 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 1683020, 1683030, 1683040, 1683050, 1683060, AND 1683080 IOF CHAPTER 1683 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS NOES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 5 Agenda Item No 3 Page 63 of 170 23 An Ordinance of the City of Lake Elsinore amendlnO Ordinance No 1124 to modlfv the Index for calculatlno annual adlustments to the Development Mltloatlon Fee for fundlnO the westem nverslde County MultiPle Species Habitat Conservation Plan and codlfvlno said Ordinance as Chapter 1685 of the Lake Elsinore MUniCipal Code CIty Attorney Leibold commented on I the MSHCP Plan and related fee Ordinance She also stated there has been some dIscrepancy With the Index Mayor Pro Tem Hickman commented on the construction price Index changing to I the consumer price Index MOVED BY COUNCILMEMBER I BUCKLEY SECONDED BY COUNCILMEMBER 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 NOES COUNCILMEMBERS BUCKLEY HICKMAN SCHIFFNER MAGEE KELLEY NONE NONE ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS APPEALS 24 Appeal of the deCISion of the Plannlno Commission relative to the Amendment of Conditions for ReSidential Deslon ReView No 200420. related to connection to public sewer Community Development Director Prelsendanz presented an Appeal of Planning Commission s deCISion to approve an amendment a request to modify Condition of Approval No 11 6 Agenda Item No 3 Page 64 of 170 Kim COUSinS commented on his concern about the Impact of this project He I said 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 Dlstnct IS requesting the applicant be required to hook up to the sewer He said 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 Hagan commented on installing septic systems He said that the Building Department explained the septic system permit process He indicated 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 indicated 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 I City Attorney Leibold commented on the Item being continued at the last City Council meeting She stated that the IClty 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' I City Treasurer Weber commented on the developer being reqUired to hook up Into the sewer system and the developer responsibility to understand his requirements Council member Buckley commented that setting thiS type of precedent could be disastrous He stated the applicant knew when he submitted for the septic system he knew he was not supposed to' , Council member Schiffner commented on his regret that action may be a finanCial burden for developer He stated the ordinance must be upheld , Mayor Pro Tern Hickman stated he did not think due diligence was done by the developer Mayor Magee noted the supporters who support the construction of the sewer MOVED BY COUNCILMEMBER I SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO OVERTURN PLANNING COMMISSION MODIFICATIONS AND RESTORE CONDITIONS OF APPROVAL ON CONDITIONS OF APPROVAL NO 11 7 Agenda Item No 3 Page 65 of 170 BUSINESS ITEMS 31 Commercial Deslon Review No 2006-14. a reouest to Install a sOil and oroundwater remediation system within a block wall enclosure at an eXlstlnO service station , Community Development Director Prelsendanz presented the background and location of this Item He stated the system IS required due to ground leaks on site Council member Buckley commented on planting around the block wall to prevent graffiti Council member Schiffner inquired about a trash enclosure Council member Schiffner offered a substitute motion to approve as presented Motion died for lack of a second Community Development Director Prelsendanz stated that the applicant be requested to plant around block wall and have anti graffiti material on trash I enclosures MOVED BY COUNCILMEMBER I BUCKLEY SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 38 I 32 Commercial Deslon Review Prolect No 2006-16 (DIamond Professional Plaza) Community Development Director Prelsendanz presented the background and I 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 I MOVED BY COUNCILMEMBER: SCHIFFNER SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-39, FINDINGS OF CONSISTENCY WITH THE MULTI SPECIES HABITAT CONSERVATION PLAN I MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION 2007-40 APPROVING COMMERCIAL DESIGN REVIEW 200616 I I l 8 Agenda Item No 3 Page 66 of 170 Council member Buckley left the dais at 815 P m 33 Consideration of Commercial Deslon Review No 2007 05 for the prolect known as Clnaular Wireless Monopalm Cellular Tower Facllltv Community Development Director Prelsendanz commented on the monopalm cellular tower that will Include live palm trees He stated the Planning Commission recommends approval MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS 4-0 VOTE TO ADOPT RESOLUTION NO 2007-41 MAKING FINDINGS OF CONSISTENCY WITH THE MULTI SPECIES HABITAT CONSERVATION PLAN MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER SCHIFFNER AND I CARRIED BY A UNANIMOUS 4-0 VOTE TO ADOPT RESOLUTION NO 2007-42 APPROVING COMMERCIAL DESIGN REVIEW NO 2007 05 Council member Buckley returned to the daiS at 817 pm and was not present for the diScussion or the vote of this Item 34 Commercial Deslon ReView No 2006 07 for two new fuel dispensers and related on site Improvements for an eXlstlno Arco (AM/PM) aas station and convenience store located at 29355 Central Avenue Community Development Director Prelsendanz 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 indicated that he was In agreement with staff on the Items applicable to the property Councllmember Schiffner noted he was pleased with the station being successful and being able to expand their bUSiness Council member Buckley commented on the bUSinesses that are expanding MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO 2007-43 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN 9 Agenda Item No 3 Page 67 of 170 MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND C-1'RRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO 2007-44 APPROVING COMMERCIAL DESIGN REVIEW NO 2007-07 35 PSAC Recommendation Amendment tOI Lake Elsinore Munlcloal Code. Chaoter 8 52. reqardlnq fireworks ' City Manager Brady commented on the PSAC recommendation to review the fireworks ordinance Council member Schiffner indicated he was pleased with the PSAC s work , Mayor Magee stated he was In agreement with Councrlmember Schiffner's " comment and that Mr Hewlson IS an exceptional leader MOVED BY COUNCILMEMBER, BUCKLEY SECONDED BY COUNCILMEMBER 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, CALIFORNIA, AMENDING AND RESTATING CHAPTER 852 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FIREWORKS THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS NONE NONE NONE 36 Recommendation bv PSAC and amendment to Lake Elsinore MUnlcloal Code. Chaoter 9 52 reqardlnq qraffitl I City Manager Brady commented on the time PSAC spent working on the ordinance He noted the other departments who also contributed to the ordinance He commented on the pUnishment and rewards In regards to graffiti He commented on the Public Outreach Program Public Education and establishing a graffiti hotline program 10 Agenda Item No 3 Page 68 of 170 Mayor Pro Tem Hickman commented on the excellent work He inquired on the brochure to be handed out to the schools Mayor Magee commented on the parental responsibilities and the responsibility I of the parents In the event their child IS apprehended MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER KELLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1215 ORDINANCE NO 1215 I I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, 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 - Cltv Park Community Services Director Sapp commented on the agreement With the conceSSionaire I I Mayor Pro Tem Hickman commented Ion the Improvements In the common areas MOVED BY COUNCILMEMBER KELLEY SECONDED BY COUNCILMEMBER 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 835 P M COUNCIL RECONVENED AT 8 39 P M 11 Agenda Item No 3 Page 69 of 170 PUBLIC COMMENTS Susan Rebar thanked the City Council for their work In the City and read a prayer Mayor Pro Tem Hickman Inquired on the date for the next Prayer Breakfast Ms Rebar stated the next Prayer Breakfast IS Apnl 5th at LakeSide High School CITY MANAGER COMMENTS City Manager Brady commented on the follOWing I 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 I COMMITTEE REPORTS None CITY TREASURER COMMENTS No comments CITY COUNCIL COMMENTS Councllmember Kelley commented on the follOWing 1) Community events dunng May I Councllmember Schiffner commented on the follOWing I I 1) Negotiations for stadium operations that has been gOIng on for about 2 years IS finalized Mayor Pro Tem Hickman commented on the follOWing 1) The events gOing on at the stadium after baseball season Councllmember Buckley commented on the follOWing No comments 12 Agenda Item No 3 Page 70 of 170 Mayor Magee commented on the followmg 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 Council members and has done a great Job I Mayor Magee adjourned the Regular City Council Meeting at 8 49 P m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO INTERIM CITY CLERK CITY OF LAKE ELSINORE 13 Agenda Item No 3 Page 71 of 170 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE EtSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA I TUESDAY, APRIL 10 2007 ********~AA.A4.A.AAAAAAA**_~_~~~~******************************************************************* CALL TO ORDER The Regular Council Meeting was called to order by Mayor Magee at 4 08 P m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS BUCKLEY (arrived at 4 11 pm) I Also present were CIty Manager Brady CIty Attorney LeIbold CIty Treasurer Weber I Community Development Director Prelsendanz Lake & Aquatic Resources Director I Kilroy Planning Manager Weiner City Engineer Seumalo Administrative Services I Director Pressey Public Works Manager Payne Information/Communications Manager Dennis AssocIate Planner Coury Interim City Clerk Soto and AdmInistrative SpecIalist Porche 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 Mayor Magee Indicated an Item was being added to the agenda subsequent to posting I CIty Attorney Leibold stated this Item would be added to the Consent Calendar CONSENT CALENDAR 1 Investment Report - February 2007 No comments 1 Agenda Item No 3 Page 72 of 170 2 Resolution Inltlatlna oroceedlnas and aoorovlna the Enalneer's Reoort for the annexation of certain terrltorv known as Tracts 32337 1 and 32337-2 Into the City of Lake Elsinore Landscaoe and Street Llahtlna Dlstnct No 1. as LLMD Annexation No 17 (La Laauna. Phases 4' & 5) No comments 3 Resolution of Initiation to annex orooerty Into Community FacIlities Dlstnct No 2003 1 (Law Enforcement, Fire and Paramedic Services) and to authonze the lew of a soeclal tax within Annexation Area No 23 (La Laauna Phases 4 & 5) No comments 4 Final Mao No 30494 3. Pardee Homes No comments 5 Railroad Canyon Road Slooe Reoalr Prolect - Notice of Comoletlon , Mayor Pro Tem Hickman commented on the repair project He inqUired on the , cost of the project City Engineer Seumalo confirmed the cost I City Treasurer Weber inqUIred whether the City received any Federal Funds to help with cost I Mayor Magee replied the City did apply for Federal Funds under FEMA but were unable to secure any funds 6 Authonzatlon for the City Manaaer to enter Into contract with Matthew Faaan Consultlna Services to oreoare CEQA comollance documents for the oroJect as Commercial Deslan Review No 2006 17 City Manager requested that this Item be continued to the Apnl 24th City Council Meeting 7 Authonzatlon for the CltV Manaaer to lenter Into contract with RGP. lnc to oreoare CEQA comollance documents of the orolect known as Elsinore Business Park r No comments 8 Authonzatlon for the City Manaaer to enter Into contract wIth ESA Communltv Develooment to oreoare CEQA comollance documents for the orolect known as Caoe of Good Hooe 2 Agenda Item No 3 Page 73 of 170 No comments 9 Authonzatlon for the CltV Manaaer to enter Into a contract with HDR. Inc to prepare CEQA compliance documents for the prolect known as Falrwav Business Park Mayor Magee commented on the four different contractors for CEQA documents 10 Aareement for Emeraencv Services Shelter Trailer No comments 11 Road Maintenance Aareement between the City of Lake Elsinore and Riverside County No comments 12 Authorization to bealn LLMD Annexation Mayor Pro Tem Hickman inquired on whether or not reSidents follow the CC&R s I I City Attorney Leibold responded that the reSidents are not subject to CC&R s Mayor Pro Tem HIckman inqUired on the parcels being subdivided Community Development Director Prelsendanz stated thiS would have to be looked Into City Attorney Leibold gave an explanation on parcels being diVided PUBLIC HEARING 21 Tentative Parcel Map No 34591 (for Condominium purposesl. and ReSidential Deslan Review No 2006 02 for Lake ElSinore Condominiums I I Mayor Pro Tem Hickman inqUired If these condominiums were gOing to be sold to reSidents With children Community Development Director Prelsendanz responded that these condominiums were gOing to be sold to the open market I Mayor Pro Tem Hickman inqUired If there would be an area for children to play Community Development Director Prelsendanz indicated that there were gOing to be tot lots 3 Agenda Item No 3 Page 74 of 170 I Associate Planner Coury presented the map of the project with a play area Mayor Pro Tem Hickman commented on' his concern that the tot lots be covered for protection Community Development Director Prelsendanz commented that this prOject decided to pay the In lieu fee rather than provide low Income hOUSing 22 Public Heanno for conSideration of oblectlons to the City s Weed Abatement Prooram No comments 23 Public Heanno - Resolution approvlnO the annexation of terrltorv and the lew of assessments for Lake Elsinore Landscape and Street Llohtlno Dlstnct No 1 as Annexation Area No 16 (Tract 32503) pursuant to the LandscaplnO and LIQhtlno Act of 1972 No comments BUSINESS ITEMS 31 Second readlnQ - Ordinance No 1212 - Amendlno Sections 1683020. 1683030. 1683040. 1683050. 1683060 and 1683080 of Chapter 1683 of the Lake Elsinore MUniCipal Code reoardlnO the Transportation Uniform Mltloatlon Fee Prooram I No comments 32 Second readlnO - Ordinance No 1213 - Amendlno Ordinance No 1124 to modify the Index for calculatlno annual adlustments to the Development Mltloatlon Fee for fundlno the Western Riverside County MultiPle Species Habitat Conservation Plan and codlfylno said Ordinance as Chapter 1685 of the Lake Elsinore MUniCipal Code No comments 33 , Second readlnO - Ordinance No 1214 - Amendlno and restatlnO Chapter 852 of the Lake Elsinore MUniCipal Code reoardlnO Fireworks No comments 4 Agenda Item No 3 Page 75 of 170 . 34 Second readlnO - Ordinance No 1215 - Amendlno and restatlnO Chapter 952 of the Lake Elsinore MUnicipal Code reoardlnO oraffitl Mayor Pro T em Hickman expressed his concern for the wording In regards to the reward Ron Hewlson Public Safety AdvIsory Commission Chairman commented that the $1 000 IS well worth getting a conviction I REDEVELOPMENT AGENCY CONSENT CALENDAR 1 Investment Report - February 2007 No comments BUSINESS ITEMS 2 Tentative Parcel map No 34591 (for Condominium purposes) and Residential Deslon Review No 2006 05 for Lake Elsinore Condominiums I No comments Mayor Magee adjourned the Special Study Session at 431 pm ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 5 Agenda Item No 3 Page 76 of 170 I MINUTES CITY COUNCIL MEETING I CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA I TUESDAY, APRIL 10, 2007 **************************************************************************************************** CALL TO ORDER The Regular City Council and Special City Council Meeting were called to order by Mayor Magee at 5 00 P m ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS NONE Also present were City Manager Brady City Attorney Leibold City Treasurer Weber I Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy Planning Manager Weiner Public Works Director Seumalo Administrative Services Director Pressey Public Works Manager Payne Information/Communications Manager Dennis Associate Planner Coury Interim City Clerk Soto and Administrative Specialist Porche 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 l PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ruth AtkinS President of the Lake ElSinore Historical Society INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting In a moment of Silent prayer 1 Agenda Item No 3 Page 77 of 170 ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS NONE Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy Planning Manager Weiner Public Works Director Seumalo Administrative Services Director Pressey Public Works Manager Payne Information/Communications Manager Dennis Associate Planner Coury Intenm City Clerk Soto and Administrative I Specialist Porche CLOSED SESSION A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (SubdivIsion (a) of Gov t Code ~ 54956 9) Wlldomar and Lake Elsinore ReSidents for Responsible Growth vs City of Lake Elsinore (Riverside County Supenor Court Case No RIC 449594) B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant/to subdiVISion (b) of Gov t Code ~ 54956 9 (2 potential cases) C CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code ~ 54956 8) Property Real property In the City of Lake ElSinore County of Riverside State of California descnbed as follows A strip of land 60 feet wide for roadway purposes together With easements for the construction and maintenance of slopes walls and aprons of culverts or bndges granted by deed and recorded May 24 1949 In Book 1078 page 585 In the OffiCial Records of Riverside County I California together With all Interest anslng from said deed lYing Within I Tract 30496 recorded on November 5 2004 In Map Book 367 Pages 17 through 25 inclUSive records of Riverside County California except that portion of said deed lYing Within Lot E said Lot E being dedicated for public street and utility purposes on said Tract 30496 I Negotiating parties City of Lake ElSinore and Pardee Homes I Under negotiation pnce and terms of payment 2 Agenda Item No 3 Page 78 of 170 CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion Items as listed above She noted that Items A Band C were discussed and there was no reportable action PRESENT ATION/CEREMONIALS A Proclamation - Lake Elsinore Storm Baseball Mayor Magee presented a proclamation to Storm Baseball General Manager Dave Oster and Storm Baseball Assistant General Manager Chris Jones Chris Jones thanked the Council and stated he was happy to begin another season He commented on the changes and Improvements being done to the stadium Dave Oster thanked everyone and noted ,the stadium s grand opening B LESJW A Presentation Mayor Magee called Mark Norton to the podium Mark Norton Lake Elsinore San Jacinto Watershed AuthOrity presented an overview of the accomplishments to date He commented on the background of the LESJWA He noted future LESJWA projects and commented on Improving the wetlands and future funding Mayor Magee thanked Mr Norton for his presentation PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE Lillian Barnes commented on the concerns for her street She noted that she was requested by Code Enforcement to make Improvements to her property She commented on the street and driveway erosion I She noted the lack of curbs and street lights She stated that a VISit from the CounCil would be appreciated to view the conditions of the street Mayor Magee directed Ms Barnes to Public Works Director Ken Seumalo CONSENT CALENDAR ITEMS City Attorney Leibold commented on the added'agenda Item that occurred after posting of the agenda She noted that the Item could be voted on when the balance of the Consent Calendar IS discussed ' 3 Agenda Item No 3 Page 79 of 170 MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCllMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE ITEM NO 6 OFF CALENDAR AND APPROVE THE BALANCE OF THE CONSENT CALENDAR INCLUDING THE ADDITIONAL ITEM OF CITY ACQUISITION OF REAL PROPERTY FROM DAVID AND MARGOT FRYMIRE, APPROVING THE AGREEMENT FOR THE PURCHASE OF AND SALE OF REAL PROPERTY, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ANCillARY DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING (WITHOUT LIMITATION) THE ACCEPTANCE OF THE GRANT DEED I 1 Received and Flied Investment Report - February 2007 2 Approved Engineer s Report for Annexation No 17 to llMD No 1 f I Adopted Resolution No 2007-45 declaring the intention to annex la laguna Phases 4 & 5 Into llMD No 1 and scheduling a public hearing on the District Formation for May 8 2008 3 Adopted Resolution of Intention No 2007-46 to annex property from Annexation Area No 23 Into CFD No 2003 1 and scheduling a public hearing on Annexation Area No 23 for May 22 2007 4 Approved Final Map No 30494 3 Pardee Homes and authOrized the CIty Clerk " to accept all dedications sign the map and arrange for the recordation I 5 AuthOrized the Mayor to execute the Notice of Completion for the Railroad Canyon Road Slope Repair Project and directed the City Clerk to file the Notice of Completion With the County of Riverside 7 AuthOrized the City Manager to enter Into contract With RGP Inc to prepare CEQA compliance documents for the projects known as Elsinore BUSiness Park In the amount not to exceed $28 800 8 AuthOrized the City Manager to enter Into contract With ESA Community I Development to prepare CEQA compliance documents for the project known as Cape of Good Hope In the amount not to exceed $101 200 9 AuthOrized the City Manager to enter Into contract With HDR Inc to prepare CEQA compliance documents for the project known as Fairway BUSiness Park In the amount not to exceed $59 100 10 AuthOrized the City Manager to execute an agreement With the American Red Cross Riverside Chapter for stocking of an emergency shelter trailer necessary for disaster relief 4 Agenda Item No 3 Page 80 of 170 11 Approved Road Maintenance Agreement between the City of Lake Elsinore and Riverside County and authonzed the Mayor to execute the agreement 12 Authonzed the Engineer s Report to being proceedings for the annexation of parcels within the Tuscany Hills Estates Into the City s Landscape and Street lighting Dlstnct No 1 ITEMS PULLED FROM THE CONSENT CALENDAR I I 6 Authonzed the City Manager to enter Into contract with Matthew Fagan Consulting Services to prepare CEQA compliance documents for the project as Commercial Design Review No 2006 17 MOVED BY MAYOR PRO TEM HICKMAN'"I SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM OFF CALENDAR I PUBLIC HEARINGS 21 Tentative Parcel Map No 34591 (for Condominium purposes), and Residential DeslQn Review No 2006 02 for Lake ElSinore Condominiums I Mayor Magee opened the public heanng at 7 25 P m I Community Development Director Prelsendanz indicated staff requested that thiS Item be continued off calendar Mayor Magee requested testimony from the public He Inquired If there was anyone Wishing to speak Jn favor or against the project He also inqUired If there I was anyone that Wished to speak on the matter at all I I Mayor Magee closed the public heanng at 7 26 P m MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE ITEM OFF CALENDAR 22 Public HeannQ for consideration of objections to the C,tv's Weed Abatement ProQram Mayor Magee opened the public heanng at 7 27 P m Public Works Director Seumalo gave an overview of the program He noted staffs recommendation 5 Agenda Item No 3 Page 81 of 170 Mayor Magee requested testimony from the public He inquired If there was anyone wishing to speak In favor or against the program He also inqUIred If there was anyone that wished to speak on the matter at all Mayor Magee closed the public heanng at 7 28 P m MOVED BY COUNCILMEMBER SCHIFFNER; SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE WEED ABATEMENT PROGRAM 23 Public HeannQ - Resolution approvlnQ the annexation of territory and the lew of assessments for Lake ElSinore Landscape and Street LIQhtlnQ Dlstnct No 1 as Annexation Area No 16 (Tract 32503) pursuant to the LandscaPInQ and LU:JhtInQ Act of 1972 Mayor Magee opened the public heanng at 7 29 P m City Manager Brady commented on the Item and requested that the City Attorney announce the notice of the Item City Attorney Leibold announced that the notice had been published In accordance With the Landscape and Lighting Act of 1972 and proof of such publication was on file In the City Clerk s office Administrative Services Director Pressey stated that the Item was the 16th annexation related to the Rosetta Canyon Development He commented on the annual cost of the lighting He stated that the LLMD IS subject to a 2% yearly Increase If necessary Mayor Magee requested testimony from the public He inqUIred If there was anyone Wishing to speak In favor or against the Annexation He also inqUIred If there was anyone that Wished to speak on the matter at all Mayor Magee inqUIred If there were any property owners subject to the proposed assessments who Wished to file a wntten ,protest He noted that If there were any property owners who Wished to file a wntten protest they must file It With the City Clerk at that time He noted that for purpose of a maJonty protest only wntten protests were to be considered Mayor Magee closed the public heanng at 7 31 pm Mayor Magee directed Intenm City Clerk Soto to tabulate the ballots and announce If a maJonty protest had been made Interim CIty Clerk Soto tabulated the ballots and announced that a majority protest did not eXist 6 Agenda Item No 3 Page 82 of 170 MOVED BY COUNCILMEMBER I SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-50 ~PPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS BUSINESS ITEMS 31 Second ReadlnO - Ordinance No 1212 - AmendlnO Sections 1683020. 1683030. 1683040. 1683050. 1683060 and 1683080 of Chapter 1683 of the Lake Elsinore Municipal Code reoardlnO the Transportation Uniform Mltloatlon Fee Prooram MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY jTlTLE ONLY, ORDINANCE NO 1212 ORDINANCE NO 1212 AN ORDINANCE OF THE CITY OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 1683020, 1683030, 1683040, 1683050, 1683060 AND 1683080 OF CHAPTER 1683 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 NONE NONE I NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS ~ONE 32 Second ReadlnO - Ordinance No 1213 - Amendlno Ordinance No 1124 to modify the Index for calculatino annual adlustments to the Development Mltloatlon Fee for fundmo the Western Riverside County Multlole Soecles Habitat Conservation Plan and codltvlno said Ordinance as Chapter 16 85 of the Lake ElSinore MUnicipal Code MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT UPON SECOND READING BY TITLE ONLY, ORDINANCE NO 1213 7 Agenda Item No 3 Page 83 of 170 ORDINANCE NO 1213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, 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 11685 OF THE LAKE ELSINORE MUNICIPAL CODE THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN SCHIFFNER MAGEE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS KELLEY NONE ABSTAIN COUNCILMEMBERS NONE 33 Second Readlnq - Ordinance No 1214 - Amendlnq and restatlnq Chapter 8 52 of the lake Elsinore MUnicipal code reqardlnq Fireworks I MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONL Y, ORDINANCE NO 1214 ORDINANCE NO 1214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING AND RESTATING CHAPTER 852 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FIREWORKS I THE FOLLOWING ROLL CALL VOTE RESULTED I AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCllMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCllMEMBERS NONE 8 Agenda Item No 3 Page 84 of 170 34 Second ReadlnO - Ordinance No 1215r- Amendlnq and restatlno ChaDter 9 52 of the Lake Elsinore MUnICIDal code reoardlnO oraffitl I MOVED BY COUNCILMEMBE~ KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO 1215 ORDINANCE NO 1215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 952 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRAFFITI THE FOLLOWING ROLL CALL VOTE RESULTED I I AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS NONE I NONE ABSTAIN COUNCILMEMBERS NONE COUNCIL RECESSED AT 7 39 P M COUNCIL RECONVENED AT 740 P M PUBLIC COMMENTS NON AGENDIZED ITEMS Chris Hyland commented on her concern with the safety of children In regards to the parking ordinance She stated that the ordinance needed to be clanfied Mayor Magee referred Ms Hyland to CommunIty Development Director Prelsendanz CITY MANAGER COMMENTS City Manager Brady commented on the followmg I 1) Upcoming communIty calendar events I CITY ATTORNEY COMMENTS No comments 9 Agenda Item No 3 Page 85 of 170 2) 3) 4) COMMITTEE REPORTS None CITY TREASURER COMMENTS No comments CITY COUNCIL COMMENTS Mayor Pro Tem Hickman commented on the IfolloWlng 1) 2) 3) Good Job to Public Works for the Easter Egg Hunt Two new bus shelters near the Semor Center I Graffiti fines Councllmember Buckley commented on the follOWing 1) Letter from Dlstnct Attorney Pacheco regarding sponsors for the Victims Rights March Councllmember Kelley commented on the follOWing 1) Boys and GirlS Club Field of Dreams event Councllmember Schiffner commented on the follOWing 1) Thanked all for attending Mayor Magee commented on the follOWing 1) Thanked the Cltys RTA representative Mayor Pro Tem Hickman He noted the new bus stops were great Thanked the Mayors Prayer Breakfast Committee for an excellent event Announced the Trauma and Intervention Programs Golf Tournament on Fnday Apnl13th City s 119lh Birthday gave a background on the City and the CIty'S progress 10 Agenda Item No 3 Page 86 of 170 I Mayor Magee adjourned the Regular City Council Meeting at 7 51 pm ATTEST MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE 11 Agenda Item No 3 Page 87 of 170 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY SPECIAL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY Ai;'RIL 19, 2007 **************************************************************************************************** CALL TO ORDER Mayor Magee called the JOint Special Study Session to order at 5 00 P m ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY MAGEE ABSENT COUNCILMEMBERS SCHIFFNER (Arrived at 5 05 pm) I Also present were City Manager Brady City Attorney Leibold Administrative Services I Director Pressey Community Development Director Prelsendanz Lake and Aquatic Resources Director Kilroy Community Services Director Sapp City Engineer Seumalo , Redevelopment Project Analyst McCarthy and Administrative Specialist Dana Porche PUBLIC COMMENTS - 3 MINUTES None DISCUSSION ITEM A Capital Improvement proaram (CIP) for fiscal vears 2007 08 throuah 2001 12 I City Engineer Seumalo presented an overview of CIP for fiscal year 2007 08 I He stated the Capital Improvement accomplishments that have been made for , 2006 07 year He thanked staff for their hard work Councllmember Buckley Inquired when the remainder of the lights Will go up on Lakeshore Dnve City Engineer Seumalo stated they Will be' completed by mid May I Counclimember Buckley inqUired about the expansion of City Park , 1 Agenda Item No 3 Page 88 of 170 I Community Services Director Sapp commented on what property will be Included In the expansion I Council member Buckley inquired on the moving of Spnng Street City Engineer Seumalo commented that accommodations can be made Council member Buckley commented on the Franklin Street overlay to Main Street and the bike path to Lakeshore City Engineer Seumalo confirmed that this will be part of the Lakeshore Boulevard concept I Council member Buckley inqUIred about traffic lights downtown and are they needed or wanted I City Engineer Seumalo stated that Englneenng Staff will work with Planning Staff as well as the Council to determine the need for lights , Councllmember Buckley commented on the streets In Country Club Heights that will be paved City Engineer Seumalo stated that a portion of the budget will need to be modified He also stated the streets that will be paved He stated the program IS meeting with a lot of success He also commented on authonzatlon for Franklin Street from Main to 6th Street I Mayor Magee commented on the Franklin Street overlay Mayor Pro Tem Hickman inqUired on the land acquIsition and the allocation of funds City Manager Brady stated that an offer IS being put together for the land I acquIsition , Mayor Pro Tem Hickman commented on the Camino Del Norte responsibility , City Engineer Seumalo stated they are responsible for the widening of the street He also stated It will depend on how Caltrans responds with the connection Mayor Pro Tem Hickman commented on ,Tuscany Hills haVing no other outlet He also requested to be kept updated on where the refinancing funds are gOing , Council member Kelley inqUired on the library being notified of reduction of funds She also inqUired about the amount of the Library Building fund I 2 Agenda Item No 3 Page 89 of 170 Administrative Services Director Pressey commented that he will check on those numbers He stated that the library Impact fee that IS collected will be allocated I to the Building Fund for the new Library City Engineer Seumalo commented on last years program and he will check to see why It was changed Councllmember Kelley stated she checked previously and It was up to 3-4 million I Mayor Magee commented on the Library receiving money that had been put aSide I City Engineer Seumalo stated those funds were for the CIVIC Center which Included the library I I I Councllmember Kelley commented she thought we were half way there In bUilding a new Library Mayor Magee commented he was Impressed by the number of projects the City IS taking on and no longer have an unfunded list He requested Staff look at Matich Street which needs attention He commented that the 888 Park IS no longer the City s responsibility He also commented on street maintenance funds and committing funds elsewhere He also inquired on the tlmellne of the webslte replacement City Engineer Seumalo stated he will get the answer as soon as possible Mayor Pro Tern Hickman requested that Shawn Bhutta be contacted when updating the webslte City Manager Brady commented on bringing the webslte forward as a priOrity I Mayor Magee commented on the long term projects and the streets that are I Included In the project City Engineer Seumalo stated he met with the Public Works Staff to diSCUSS some new Ideas Mayor Magee InqUired on the new budget for the Spring Street sidewalk Community Services Director Sapp stated that project IS completed I Mayor Pro Tern Hickman inqUired on the Senior Center expansion what the difference IS In bUildings 3 Agenda Item No 3 Page 90 of 170 City Engineer Seumalo stated that was his error and one IS the Annex BUilding and the other IS the Main Building Mayor Pro Tem Hickman Inquired about consldenng adding the Senior Center near the new Library City Manager Brady commented that It was Initially part of the study process Mayor Pro Tem Hickman commented on his concerns for Rosetta Canyon Mayor Pro Tem Hickman commented on Railroad Canyon traffic and road stnplng City Engineer Seumalo stated that Staff has been working With Caltrans on the problem I' I I Mayor Magee requested that Staff put together a memo addreSSing the questions from the dais a list of revised CIP addreSSing errors that have been note and bnng to the next budget study session Councllmember Kelley commented on the anti graffiti digital surveillance City Engineer Seumalo stated that a site IS to be determined Councllmember Kelley inqUired If thiS IS a camera system City Engineer Seumalo stated he Will get the information on the digital surveillance Mayor Pro Tem Hickman commented on dlstnbutlng a memo to the Pnnclples at the High Schools on the graffiti ordinance City Engineer Seumalo commented on not Identifying the location of the anti graffiti digital surveillance He also commented on paving Matich Street Mayor Magee stated he has not had the opportunity to go out and observe the street B Redevelopment Aoencv Operatlno Budoet for fiscal vear 2007 08 Administrative Services Director budget and the reVISions accomplishments Pressey commented on the RDA operating He commented on the significant RDA 4 Agenda Item No 3 Page 91 of 170 Steve McCarthy Redevelopment Project Analyst commented on finalizing a draft for the RFQ to solicit affordable hOUSing developers to help reach our goal He stated that this will be presented on May 22nd He stated that he will be scheduling a study session to diSCUSS ordinances and bonuses Administrative Services Director Pressey commented on looking forward to working with the RDA Board on all upcoming projects He commented on the Operating Budget for 2007 08 He also commented on three project areas Counclimember Buckley inquired about technical services Administrative Services Director Pressey commented that It IS a roll over of the amount used for the Plan Amendment Council member Buckley commented on the funds being spent and the projected Increase over the next 20 years Administrative Services Director Pressey stated that the projection IS correct Councllmember Buckley commented on the amount of Units and long term revenue CounCil member Kelley commended Steve McCarthy for dOing a great job She stated that the City has made great progress moving forward She stated that the Redevelopment funds need to be expended back Into the Community Mayor Pro Tem Hickman inquired about the HDL report Administrative Services Director Pressey stated that the report has not been finalized He stated they have met With Laing three times In the last SIX months Mayor Pro Tem Hickman Inquired about foreclosures affecting the RDA Administrative Services Director Pressey stated that property tax revenue Will not decline but there Will be a decline In the growth rate Mayor Pro Tem Hickman stated that the homes In Tuscany Hills are gOing down In value He inqUired about the 1990 CFD In Tuscany Hills Administrative Services Director Pressey stated It IS CFD 90 2 and It was refinanced He stated It IS not a City or Agency obligation this IS a homeowner's obligation Mayor Pro Tem Hickman stated he would like to be kept abreast of where the funds are gOing 5 Agenda Item No 3 Page 92 of 170 Councllmember Schiffner commented that the RDA negotiation was a good deal He commented on being upset with the negative attitude stated In the newspaper Mayor Pro Tem Hickman Inquired about the bond percentage rate of the Tuscany Hills refinancing Administrative Services Director Pressey stated It was a favorable rate and he will get the exact rate Mayor Magee commented on the requests for additional information from Council He thanked staff for their hard work ADJOURNMENT Mayor Magee adjourned the JOint City Council/Redevelopment Study Session at 6 03 pm ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO INTERIM CITY CLERK CITY OF LAKE ELSINORE 6 Agenda Item No 3 Page 93 of 170 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN ST~EET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 24 2007 **************************************************************************************************** CALL TO ORDER Mayor Magee called the JOint Study Session to order at 4 03 P m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS BUCKLEY Also present were Administrative Services Director Pressey Community Development Director Prelsendanz Public Works Director Seumalo Lake & Aquatic Resources Director Kilroy BUilding & Safety Manager Chipman City Treasurer Weber City Planner Coury Code Enforcement Supervisor Romero and Office SpeCialist Porche PUBLIC COMMENTS - 3 MINUTES None 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 30. 2007 Mayor Pro Tem Hickman Inquired on a bank being used Administrative Services Director Pressey responded thiS retention IS paid to RJ Noble to an account In their name 1 Agenda Item No 3 Page 94 of 170 2 Bid award for purchase of Industnal strenath aluminum fenclna Mayor Pro Tem Hickman commented on the cost of the fencing Lake & Aquatic Resources Director Kilroy stated this fencing IS different from the residential fencing this IS an upgraded fencing to withstand a greater load 3 Purchase of skiP loader tractor Mayor Pro Tem Hickman asked IS the $29 000 upgrade for horsepower Lake & Aquatic Resources Director Kilroy responded that It was 4 TIF and TUMF Fee Credit Aareements for transportation Improvements constructed In connection with the Eastlake Specific Plan Mayor Pro Tem Hickman inqUired on the funds needed to complete the project City Attorney Leibold responded according to the Conditions of Approval they are required to Install certain public Improvements some of which qualify to the TIF or TUMF network Mayor Pro Tem Hickman Inquired about the traffic light on Lemon and MIssion Trail City Engineer Seumalo responded It was needed per the traffic study 5 Final Map No 30494-4 (Pardee Homes) City Treasurer Weber commented on the open space on the exhibit City Engineer Seumalo stated the exhibit IS representing a general area not a specific open space Council member Kelley commented on the open space exhibit In the agenda 6 Final Map No 30494 5 (Pardee Homes) No comments 7 Authorization for City Manaaer to enter Into contract with Matthew Faaan Consultlna Services to prepare CEQA Compliance Documents for the orolect known as Commercial Deslan Review No 2006 17 No comments 2 Agenda Item No 3 Page 95 of 170 8 Resolution Imtlatma proceedmas and approvma the Enalneer's Report for the Annexation of certam territory known as Tuscanv Hills Estates mto the City of Lake Elsmore Landscape and Street Llahtlna District No 1. as LLMD Annexation No 18 Mayor Pro Tem Hickman requested a contmuance on thiS Item until the next meetmg on June 20 2007 Denms Anderson with Hams and Associates stated that a 45 day notice for a public hearing m order to set up an assessment rate Mayor Pro Tem Hickman stated he wants to be fair to the commumty Denms Anderson commented that the notice will be mailed along With a ballot Mayor Magee stated that reSidents Will also be able to attend the public hearing 9 ProfeSSional Services Aareement With Wildlands Inc for Wetlands assessment And deslQn per Prop-40 Grant Award Mayor Pro Tem Hickman mqUlred on thiS requiring expenditure from the City He stated campgrounds are In bad condition Lake & Aquatic Resources Director Kilroy stated that the Grant funds are reimbursable PUBLIC HEARING 21 Adoption of Resolution No 200737 approvma the Cltv of Lake Elsmore Traffic Impact Fee Update Study and mcreasma traffic mfrastructure fees for development prolects wlthm the Cltv of Lake Elsmore Mayor Magee mdlcated staff IS requestmg a continuance on thiS Item until May 22 2007 Mayor Pro Tem Hickman mqulred why we are passing 22 Adoption of Fees City Manager Brady stated thiS IS a TUMF fee 22 An Ordmance amendma Section 1683040 of the Lake Elsmore MumclPal Code reaardma adoption of the fees for the Transportation Umform Mltlaatlon Fee Proaram City Treasurer Weber commented the fees per home are steep about approvmg thiS mcrease He mqUlred 3 Agenda Item No 3 Page 96 of 170 City Engineer Seumalo responded regular Incremental Increases are part of the agreement with the TUMF Program City Treasurer Weber inqUired what the TUMF Program has done for the City City Engineer Seumalo responded currently they are paYing for the Grand/Ortega Intersection Improvement Mayor Magee Indicated that the City did receive funds for Intenm Improvements City Engineer Seumalo responded he will look In to this and venfy If the TUMF Program IS funding Intenm Improvements City Manager Brady commented on the amount of funding the City will receive for the Railroad Canyon Central and the I 15 project City Engineer Seumalo stated the cost of the project will be gOing up City Manager Brady indIcated the City Will be getting more back than what was paid out City Treasurer Weber inqUired when the Interchange project near Home Depot Will begin City Engineer Seumalo responded they are currently In preliminary deSign Mayor Pro Tem Hickman InqUIred If TUMF Will be able to fund any part of the 74 takeover City Attorney Leibold responded that the development agreements protect against new and Increased fees Mayor Pro Tem Hickman requested a list of projects that would be subject to the Increase Mayor Magee commented that fees are based on the cost to build faCIlities and the City WIll not be receiving funding from Sacramento He stated the regional approach IS to make development pay the way Mayor Pro T em Hickman commented on the cost of bUlldmg roads and the nsk of foreclosures City Manager Brady commented that TUMF fees were phased In over a three (3) penod 4 Agenda Item No 3 Page 97 of 170 23 Resolution determlnlnQ the valldltv of Prior proceedlnQs relatlnQ to the annexation of propertv Into CltV of Lake Elsinore Communltv FacIlities District No 2003 1 (Law Enforcement. Fire and Paramedic Services) Mayor Pro Tem Hickman inqUired If Tuscany Hills Estates IS paYing for Police and Fire protection Administrative Services Director Pressey responded this IS a new development and the City has not gone to the eXisting property owners for any additional funding Mayor Magee suggested attending one of their Homeowners Association meetings 24 ResolutIon determlnlnQ the valldltv of Prior proceedlnQS relatinQ to annexation of property Into City of Lake Elsinore Communltv Facilities DistriCt No 2006 5 (Parks. Open Space and Storm Drain Maintenance) No comments 25 Annexation NO 1 (Tract 32503 to CFD No 200403 (Rosetta Canyon) _ Improvement Area No 2 No comments 26 Chapter 1718 of the Lake Elsinore Municipal Code reQardlnQ R-M R Rural Mountainous Residential District Mayor Pro Tem Hickman inqUIred where M IS listed In the General Plan Map Community Development Director Prelsendanz commented the current General Plan shows the mountainous areas Mayor Pro Tem Hickman inqUIred how hills and mountains are defined Community Development Director Prelsendanz stated that they are defined by percentage of slope Mayor Magee Inquired If the need for this IS driven by the Trumark Annexation Community Development Director Prelsendanz responded this IS driven by the Running Deer Annexation City Attorney Leibold stated there IS a General Plan deSignation and no corresponding zOning deSignation 5 Agenda Item No 3 Page 98 of 170 I Community Development Director Prelsendanz stated this does not affect Trumark Mayor Pro Tem Hickman Inquired If this can come back and be changed If necessary I! II I I Community Development Director Prelsendanz indicated that It could and be changed 27 Amendment No 2 to the Canyon Hills Specific Plan. Tentative Parcel Map No 34442 (for Condominium Purposes). and Residential Deslan Review No 2005 28 for Parkslde Terrace City Treasurer Weber Inquired about the "flip flop term City Attorney Leibold explained It was an exchange of location Community Development Director Prelsendanz commented that the school has Increased In size from 12 acres to 13 3 acres He stated the reason for the flip was because of drainage Issues 28 Addendum to Mltlaated Neaatlve Declaration No 2005 07 for the installation of trestle structure to support utility lines Mayor Pro Tem Hickman inqUired on the streets Involved He requested the specifics regarding trestle structure Community Development Director Prelsendanz responded the sewer and water lines Will run across the ravine BUSINESS ITEMS 31 Adoption of Resolution establlshlna fines and penalties of parklna and lake use Violations Mayor Pro Tem Hickman commented on RV parking brought to the Councils attention by Mrs Highland City Attorney Leibold replied this IS being looked In to Mayor Magee commented on a public education program on the water Issue Lake & AquatiC Resources Director Kilroy stated that he Will conSider It 6 Agenda Item No 3 Page 99 of 170 32 Public Safety Advlsorv Commission Recruitment and ApPointment Process Mayor Magee commented on sohcltlng applications for two PSAC posItions He stated the current commiSSioner IS Interested In reapplYing He requested two volunteers from the Council to interview candidates Mayor Pro Tem Hickman and Councllmember Schiffner volunteered to Interview candidates CounCil member Kelley suggested the Council conSider establishing a recrUitment review sub committee Mayor Magee agreed With the suggestion REDEVELOPMENT AGENCY CONSENT CALENDAR 1 Warrant List - March 30. 2007 No comments BUSINESS ITEMS 2 Addendum to Mltlqated Neqatlve Declaration No 2005 07 for the Installation of a trestle structure to support utility lines No comments ADJOURNMENT Mayor Magee adjourned the JOint City Council/Redevelopment Study Session at 4 48 pm ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 7 Agenda Item No 3 Page 100 of 170 ATTEST MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 8 Agenda Item No 3 Page 101 of 170 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY APRIL 24 2007 **************************************************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 00 P m ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NONE ABSENT COUNCILMEMBERS Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy City Engineer Seumalo Planning Manager Weiner BUilding & Safety Manager Chipman Information/Communications Manager Dennis Planning Intern Bltterolf Chief of Police Fetherolf Interim City Clerk Soto and Administrative Specialist Dana Porche 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 1 Agenda Item No 3 Page 102 of 170 ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS NONE Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy City Engineer Seumalo Planning Manager Weiner BUilding & Safety Manager Chipman Information/Communications Manager Dennis Plannrng Intern Bltterolf Chief of Police Fetherolf Interim City Clerk Soto Administrative Specialist Dana Porche CLOSED SESSION A CONFERENCE WITH LEGAL COUNCEL - ANTICIPATED LITIGATION _ Slgnrflcant Exposure to litigation pursuant to subdiVIsion (b) of Gov t Code S 549569 (1 potential case) B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION _ Slgnrflcant exposure to litigation pursuant to subdiVISion (c) of Gov t Code S 549569 (1 potential case) C CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt Code S 54956 8) Property 373310007 373310006 373300009 373300015 373300017 373 300 012 371 020001 southern stub portion of Lucerne Street south of Lakeshore Negotiating parties City of Lake Elsinore and Watersedge Elsinore ASSOCiated LLClWatersedge Investments LLC Under negotiation price and terms of payment CLOSED SESSION REPORT City Attorney Leibold announced the Closed SessIOn diSCUSSion Items as listed above She noted that Items A Band C were discussed and there was no reportable action PRESENTATION/CEREMONIALS A Proclamation - Deputv Bommer Mayor Magee presented Deputy Fred Bommer With a proclamation Chief Fetherolf commented on being very proud of Deputy Bommer 2 Agenda Item No 3 Page 103 of 170 Deputy Bommer commented on the passion he has for hIs Job and apprecIates the award B ProclamatIon - Motorcycle Awareness Mayor Magee presented Russ Howard and friends with a proclamation Russ Howard spoke of motorcycle awareness and commented on the 12th Annual Rally at the City Park He thanked the Council and Interim City Clerk Soto for all their help He stated that the fund raiser money IS used to encourage motorcycle training and safety Another recipIent thanked the Mayor and the Council for the recogmtlon C ProclamatIon - Donate a Life Month Mayor Magee presented Randon Lane with a proclamation Mr Lane noted hIs appreciation He commented that everyone who has a red dot on theIr drlyers license also need to register online If you do not regIster the red dot means nothrng He said there are about 95 000 people waiting for organs and about 21 000 are here In California D Certificate of Recoqnltlon - U9 Boys Soccer Team E CertIficate of Recoqmtlon - U11 Boys Soccer Team Mayor Magee InYlted William Delgado and members of the U9 and U11 Soccer Teams up to the podIum Mayor Magee spoke of the team winning the 2006 Coast Soccer League Tournament William Delgado thanked the Council on behalf of EVYSL and he spoke of theIr team accomplishments He presented a medal that was won by the team to the Ma~or He stated that EVYSL Will host the Elsinore Summer ClassIc on July 27th 29 at the new fields In Alberhlll Park and Summer Lake Park he anticipates a huge turn out for this tournament F Business of the Quarter Mayor Magee Invited Don Summers and Everett Manfredy of the Realty Center to JOin hIm at the podium The Mayor presented a background of their business Mr Summers and Mr Manfredy both thanked the Council for the recogmtlon 3 Agenda Item No 3 Page 104 of 170 G HOP E Update Mayor Magee invited Ron Hewlson to the podium to update the Council on HOPE Ron Hewlson noted the City s contribution to HOP E He noted that with the City shelp HOP E has been able to reach a lot more people PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE Sue Rebar announced on May 5 2007 was National Day of Prayer She announced events are planned all over the City to Include 17 prayer stations with 3-4 public sites She specified the time and noted the webslte for more information www natlonaldavofpraver orQ Pete Dawson of LEMSAR said they have over 5 000 hours of volunteers for 2006 and dUring the month of March 2007 there has been over 880 volunteer hours CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE APPROVE THE CONSENT CALENDAR 1 Ratified Warrant List - March 30 2007 2 Bid award for purchase of industrial strength aluminum fencing 3 Purchase of skip loader 4 TIF and TUMF Fee Credit Agreements for transportation Improvements constructed In connection With the Eastlake Specific Plan 5 Final Map No 30494-4 (Pardee Homes) 6 Final Map No 304945 (Pardee Homes) 7 AuthOrization for City Manager to enter Into contract With Matthew Fagan Consulting Services to prepare CEQA Compliance Documents for the project known as Commercial Design Review No 2006 17 8 Resolution initiating proceedings and approving the Engineer's Report for the Annexation of certain territory known as Tuscany Hills Estates Into the City of Lake Elsinore Landscape and Street Lighting District No 1 as LLMD Annexation No 18 4 Agenda Item No 3 Page 105 of 170 9 Professional Services Agreement with Wildlands Inc for Wetlands assessment and design per Prop 40 Grant Award PUBLIC HEARINGS 21 Adoption of Resolution No 2007 37 approvlnO the City of Lake Elsinore Traffic Impact Fee Update StudY and IncreaslnO Traffic Infrastructure Fees for development prolects within the city of Lake Elsinore Mayor Magee opened the public heanng at 7 30 P m City Manager Brady requested this Item be continued due to outreach to the community MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THIS ITEM UNTIL MAY 22ND CITY COUNCIL MEETING 22 An Ordinance of the City of Lake Elsinore amendlnO Sections 1683 0400f the Lake Elsinore Municipal Code reoardlno adoption of the fees for the Transportation Uniform Mltloatlon Fee Proqram Director of Public Works Seumalo commented on the City s participation In the Infrastructure Improvement program and the construction cost Increase to the fee MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1216 ORDINANCE NO 1216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, AMENDING SECTION 1683040 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 5 Agenda Item No 3 Page 106 of 170 ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS NONE NONE 23 Resolution determlnlnQ the validity of crlor croceedlnQs relatlnQ to the annexation of crocerty Into City of Lake Elsinore Community FaCilities District No 2003 1 (Law Enforcement, Fire and Paramedic Services) Mayor Magee opened the public hearing at 7 34 P m City Manager Brady Introduced Item He requested that the CIty Attorney Leibold announce the notice of the Item City Attorney Leibold announced the notice has been published In accordance with the Mello Roos Community Facilities Act of 1982 and proof of such publication was on file In the City Clerk s office Administrative Services Director Pressey reported this IS the 22"d annexation He stated this IS to Increase the cost of Police Fire and Paramedic Services for single family dwelling Units annually Mayor Magee requested testimony from the public He inqUired If there was anyone wishing to speak In favor or against the Item He also Inquired If there was anyone that wished to speak at all Mayor Magee inqUired If there were any property owners subject to the proposed assessments who wished to file a written protest He noted that If there were any property owners who wished to file a written protest they must file It with the City Clerk at that time He noted that for purpose of a majority protest only wntten protests were to be considered Mayor Magee closed the public hearing at 7 36 P m MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 200752 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 53 CALLING A SPECIAL ELECTION 6 Agenda Item No 3 Page 107 of 170 MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO 200754 ORDERING CANVASSING OF THE ELECTION RESULTS MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1217 ORDINANCE NO 1217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING SECTION 1683040 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 24 Resolution determininG the validltv of pnor proceedinGs relatinG to annexation of property Into City of Lake Elsinore Commumty Facilities Dlstnct No 2006 05 (Parks. Open Space and Storm Drain Maintenance) Mayor Magee opened the public heanng at 7 39 P m City Manager Brady requested that the City Attorney announce the notice of the Item City Attorney Leibold announced that the notice had been published In accordance With the Mello Roos Commumty FaCilities Act of 1982 and proof of such publication was on file In the City Clerk s Office Administrative Services Director Pressey commented on this Item being the first annexation Into thiS dlstnct 7 Agenda Item No 3 Page 108 of 170 Mayor Magee requested testimony from the publIc He Inquired If there was anyone Wishing to speak In favor or against the Item He also inquired If there was anyone that Wished to speak at all Mayor Magee inquired If there were any property owners subject to the proposed assessments who Wished to file a written protest He noted that If there were any property owners who Wished to file a written protest they must file It With the City Clerk at that time He noted that for purpose of a majority protest only written protests were to be considered Mayor Magee closed the publIc hearing at 7 41 pm MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 200755 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 56 CALLING A SPECIAL ELECTION MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 200757 ORDERING CANVASSING OF THE ELECTION RESULTS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1218 ORDINANCE NO 1218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO 1 (TRACT 32503) ANNEXED TO SAID DISTRICT THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE 8 Agenda Item No 3 Page 109 of 170 ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 25 Annexation No 1 (Tract 32503) to CFD No 20043 (Rosetta Canyon) - Imorovement Area No 2 Mayor Magee opened the public hearing at 7 43 P m City Manager Brady commented on the Item He requested the Interim City Clerk to announce the notice Interim City Clerk Soto announced the notice had been published In accordance With the Mello Roos Community FaCIlities Act of 1982 and proof of such publication was on file In the City Clerk s Office Administrative Services Director Pressey noted the background of the Item Mayor Magee requested testimony from the public He inqUired If there was anyone Wishing to speak In favor or against the Item He also inqUired If there was anyone that Wished to speak at all Mayor Magee inqUIred If there were any property owners subject to the proposed assessments who Wished to file a written protest He noted that If there were any property owners who Wished to file a written protest they must file It With the City Clerk at that time He noted that for purpose of a majority protest only written protests were to be conSidered Mayor Magee closed the public hearing at 7 46 P m MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 58 APPROVING THE ANNEXATION INTO THE DISTRICT MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 20007 59 CALLING FOR A SPECIAL ELECTION Mayor Magee directed Interim City Clerk Soto to tabulate the ballots and announce If a majority protest had been made Interim City Clerk Soto announced that two thirds of the votes cast are In favor 9 Agenda Item No 3 Page 110 of 170 MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-60 ORDERING CANVASSING OF THE ELECTION RESULTS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1219 ORDINANCE NO 1219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2004-3 (ROSETTA CANYON), AUTHORIZING THE LEVY OF A SPECIAL TAX THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUN~LMEMBERS ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE NONE 26 Chapter 17 18 of the Lake Elsinore MUnicipal Code reQardlnQ R M-R Rural Mountainous ReSidential District Community Development Director Prelsendanz presented the staff report Mayor Magee opened the public heanng at 7 49 P m Mayor Magee requested testimony from the public He inqUired If there was anyone wishing to speak In favor or against the Item He also InqUired If there was anyone that Wished to speak at all Mayor Magee closed the public hearing at 7 50 P m MOVED BY COUNCILMEMBER KELLEY SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY UNIANIMOUS VOTE TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1220 10 Agenda Item No 3 Page 111 of 170 ORDINANCE NO 1220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 1718 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE R-M R RURAL MOUNTAINOUS RESIDENTIAL DISTRICT AND ADOPTION OF A NEGATIVE DECLARATION THEREFORE THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS NONE NONE 27 Amendment No 2 to the Canyon Hills Specific plan. tentative Parcel Map No 34442 (for Condominium Purposes) and Residential DeslQn ReView No 200528 for Parkslde Terrace Community Development Director Prelsendanz presented the staff report He noted that the total number of Units IS less that the adopted specific plan David D Dunham of Pardee Homes thanked staff for theIr hard work He indicated he would be available for questions Jim Strmger, Vice President of Pardee Homes, indicated he was available to answer any questIons He indicated he agrees With all the conditions of approval MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 61 ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Council member Buckley inqUired about Condition No 36 Community Development Director Prelsendanz confirmed they Will be multi family Units He stated there Will be fewer Units Council member Buckley commented on the parking area not being suffiCient 11 Agenda Item No 3 Page 112 of 170 Community Development Director Prelsendanz Indicated he will look Into amending the parking ordinance He commented on the surrounding roads MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-62 APPROVING THE ADDENDUM TO THE FINAL EIR FOR THE CANYON HILLS SPECIFIC PLAN MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY UNIANIMOUS VOTE TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1221 ORDINANCE NO 1221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO 2 TO THE CANYON HILLS SPECIFIC PLAN THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NONE NONE NONE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 200763 APPROVING TENTATIVE PARCEL MAP NO 34442 MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN WITH BUCKLEY ABSTAINING AND CARRIED BY A 41 VOTE TO ADOPT RESOLUTION NO 2007-64 APPROVING RESIDENTIAL DESIGN REVIEW NO 2005-28 28 Addendum to Mltlqated Neqatlve Declaration No 2005 07 for the Installation of trestle structure to support utility lines Community Development Director Prelsendanz gave a background on the Item He stated that this was an addendum to a Mitigated Negative Declaration He stated this project IS related to Tessara 12 Agenda Item No 3 Page 113 of 170 Mayor Magee opened the public heanng at 8 00 P m Mayor Magee requested testimony from the public He InqUired If there was anyone wishing to speak In favor or against the Item He also inqUired If there was anyone that wished to speak at all Mayor Magee closed the public heanng at 8 01 P m Mayor Pro Tem Hickman commented on a safety barrier for the trestle MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-65 ADOPTING THE ADDENDUM TO MITIGATED NEGATIVE DECLARATION NO 2005-07 MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-66 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI SPECIES HABITAT CONSERVATION PLAN BUSINESS ITEMS 31 Adoption of Resolution establishlna fines and penalties of parklna and lake use violations City Manager Brady noted the parking and lake use violation penalties He commented on timely payment of fines He stated that staff IS recommending an Increase In the fine amount Mayor Pro Tem Hickman commented he would like to look Into RV parking Violations MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 200767 ESTABLlSIHING FINES AND PENALTIES FOR PARKING AND LAKE USE VIOLATIONS 32 Public Safetv Advlsorv Commission Recruitment and Aooolntment Process Mayor Magee commented on the appointment of sub committee made up of Mayor Pro Tem Hickman and Councllmember Schiffner He stated there are two pOSitions that need to be filled 13 Agenda Item No 3 Page 114 of 170 MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO INITIATE THE RECRUITMENT PROCESS BY ESTABLISHING A SUBCOMMITTEE TO REVIEW, INTERVIEW AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL FOR APPOINTMENT OF THESE PERSONS TO THE PUBLIC SAFETY ADVISORY COUNCIL RECESSED AT 808 P M COUNCIL RECONVENED AT 817 P M PUBLIC COMMENTS No comments CITY MANAGER COMMENTS CIty Manager Brady commented on the following 1) The upcoming Community calendar events CITY ATTORNEY COMMENTS No comments COMMITTEE REPORTS None CITY TREASURER COMMENTS No comments CITY COUNCIL COMMENTS Councllmember Kelley commented on the follOWing 1) Community events dunng May Councllmember Schiffner commented on the follOWing No comments Mayor Pro Tern Hickman commented on the follOWing 1) On the National Day of Prayer on May 13th 14 Agenda Item No 3 Page 115 of 170 2) Umty In Community Walk over 400 participants Councllmember Buckley commented on the followmg No comments Mayor Magee commented on the followmg 1) Burglary at the Sporting Goods store police caught the burglars 2) Requested staff look Into AMR Ambulance posting protocol 3) Closed meeting In honor of victims of Virginia Tech School tragedy Mayor Magee adjourned the Regular City CounCil Meeting at 8 21 P m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 15 Agenda Item No 3 Page 116 of 170 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY SPECIAL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY APRIL 26 2007 **************************************************************************************************** CALL TO ORDER Mayor Magee called the Jomt Special Study Session to order at 4 52 P m ROLL CALL PRESENT MAYOR MAGEE COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT MAYOR PRO TEM HICKMAN COUNCILMEMBERBUCKLEY (Arnved at 5 05 pm) Also present were City Manager Brady Assistant City Attorney Mann Administrative SeNlces Director Pressey Information/Communications Manager Dennis Planning Manager Wemer RDA Project Manager McCarty and Office Specialist Porche PUBLIC COMMENTS - 3 MINUTES None DISCUSSION ITEMS A Deslqn Competition RDA Project Manager McCarty presented a bnef oveNlew of what has been proposed for the design competition He presented the proposed competition format He listed a group of highly recommended qualified architects and their achievements He stated that staff IS lookmg for CounCil gUidance on the selection of the competition JUry and the technical committee Steven Allen, Lake ElSinore resident expressed his concern for the use of land he would like to see more parks taller bUlldmgs and less parkmg lots 1 Agenda Item No 3 Page 117 of 170 Rick Carpenter, President of DMA commented on the parking conditions dUring the Council Meetings He noted that cars should be parked In the parking lot across the street and not on the street In front of stores He stated he would like to be on one or both deSign committees Ruth Atkms, lake Elsmore resident and president of the Historical Society she stated It would be a pleasure to serve on the deSign committee She also noted the Historical Society would like to see the historical aspect of the downtown area maintained John Gonzalez, lake Elsmore resident suggested that the CIVIC Center be environmentally friendly or green which Will save the City money Mr Mantle, lake Elsmore resident indicated he supported and recommended Bill Fain/Johnson Fain Partners as the architect Councllmember Schiffner commented on the problems that can occur after the architectural firm has deSigned the building and the project IS passed over to the engineering consultants to bUild plans He indicated at that pOint things may fall apart He stated the only way to control this IS to ask for the contract price and cost to see the percentage of the change order RDA Project Manager McCarty commented that past projects and change orders Will help prescreen architects Council member Buckley commented It IS very Important to pre screen each candidate He suggested eliminating a sentence from page 13 regarding the prize amount He suggested a replacement sentence Mayor Magee commented on not being obligated to the winner In the event their fee IS unrealistiC RDA Project Manager McCarty commented on eliminating a sentence or rewording the prize amount Council member Buckley commented on page 28 regarding the board layout RDA Project Manager McCarty indicated the architects should be able to fit the layout on two boards which IS standard Councllmember Buckley commented on the Technical Committee members being appOinted by different committees Within the City such as the downtown merchants the library system the chamber the historical society etc He stated that the Planning Commissioner should have a spot on the Committee He commented that applications can be taken from reSidents applYing for a posItion on the Committee 2 Agenda Item No 3 Page 118 of 170 RDA PrOject Manager McCarty inquired as to how many competition JUry members will be needed Council member Buckley stated that seven committee members would be the maximum Councllmember Kelley stated she was Impressed with Mr McCarty s management of the competition She commented on her top choices for architects She thanked Mr Gonzales for the green bUilding Information She stated that an ecological balance IS part of the cntena for the design She stated that the Technical AdvIsor committee IS huge and good to have all of the public Input Mayor Magee commented on trying to pick one of the four Interested local architects He inqUired If one of the Council Members were Interested In taking his place as one of the Jurors CounCil member Kelley stated she would like to take the Mayor's position as one of the Jurors Mayor Magee Indicated he would like a resident that IS not on any other committee to serve on the JUry as a community representative He agreed With Councllmember Buckley on cutting out a Planner and replaCing that person With a Commissioner He commented on the budget and what It consists He commented on the advertising of the meetings so the public can attend and participate He stated the Council IS united on preserving the hlstonc nature of the core downtown Council member Buckley suggested adding a sentence referencing public art and/or fire engine display He commented on the landscaping and connection of the blocks He stated the four local committee members who have been chosen one of them would have to be an alternate In order to add a Construction Manager He commented that at the next meeting they would choose a community representative Council member Schiffner commented that It IS deSirable to have a local crew RDA Project Manager McCarty concurred With Council member Schiffner He stated that the firm chosen should have an office In Callforma and that this requirement should be added Into the reqUirements Administrative Services Director Pressey indicated a copy of the survey IS available on line at the City webslte and there are Instructions where to return It once It has been filled out He also stated that a copy of the presentation can be e mailed by leaVing a name and e mall address He also wanted to confirm the level of openness on the gUidelines 3 Agenda Item No 3 Page 119 of 170 RDA Project Manager McCarty said changes can be worked In If necessary regarding the design of the building He stated that the gUiding pnnclple should reflect that hlstonc elements should be represented In the design Councllmember Kelley stated she strongly beheves that the hlstoncal nature of the area should be enhanced Councllmember Buckley commented that openness IS the key He stated the eXisting architectural design should be matched altogether Mayor Magee thanked all for attending ADJOURNMENT Mayor Magee adjourned the JOInt City Council/Redevelopment Agency study session at 5 57 p m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item No 3 Page 120 of 170 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE CALIFORNIA TUESDAY MAY 8 2007 **************************************************************************************************** CALL TO ORDER Mayor Magee called the Jomt Study Session to order at 4 03 P m ROLL CALL PRESENT ABSENT MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER COUNCILMEMBER BUCKLEY Also present were City Manager Brady City Attorney Leibold Admmlstratlve Services Director Pressey City Treasurer Weber Community Development Director Prelsendanz Lake and Aquatic Resources Director Kilroy Community Services Director Sapp City Engmeer Seumalo Public Works Manager Payne Planning Manager Weiner BUilding & Safety Manager Chipman Information/Communications Manager Dennis Associate Planner Coury Intenm City Clerk Soto and Administrative Specialist Dana Porche PUBLIC COMMENTS - 3 MINUTES None DISCUSSION ITEM 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 - Aon113, 2007 Mayor Pro Tem Hickman InqUIred about check #9099 1 Agenda Item No 3 Page 121 of 170 City Treasurer Weber Inquired about rebates for the air conditioners Mayor Magee inquired on when the installation will occur Administrative Services Director Sapp stated that within the next 2 3 weeks 6 Award of Bid - Park Fenclna Mayor Magee noted the Norton and Hammett have different footage calculations Community Services Director Sapp stated there are 274 feet and there will be no change order 7 Exception to bid procedures Mayor Pro Tem Hickman commented on the owners providing umbrellas and the cost of the umbrellas Community Services Director Sapp replied conceSSionaires are responsible for the maintenance of the furniture 8 Maintenance Aareement between the Cltv of Lake Elsinore and Belcaro Home Owners Association Mayor Pro Tem Hickman inquired about the structure appearance Public Works Director Seumalo replied It IS a concrete apron to protect slope from erosion PUBLIC HEARING 21 Resolution approvlna the annexation of terntorv and the levv of assessments for Lake Elsinore Landscape and Street Liahtlna District No 1 as Annexation Area No 17 (La Laauna, Phases 4 & 5) pursuant to the Landscaplna and Llqhtlna Act of 1972 Mayor Pro Tem Hickman inqUIred about the street lights being solar Administrative Services Director Pressey replied It IS not part of Edison s standard 22 Tentative Tract Map No 34837 (for condominium purposes) and Residential Deslan Review No 2006 18 for Lakeshore Vlllaae Townhomes Council member Kelley commented on a resident complaining about the line of sight the resident s mobile home IS within five feet of the fence 3 Agenda Item No 3 Page 122 of 170 She stated that the bUilder will raise the block wall up to seven feet and put In box trees to accommodate the homeowner If the Council agrees She stated her disagreement with the Planning Commission regarding the two accesses Into the property Community Development Director Prelsendanz replied this has been clanfied with Corman Leigh He commented on the raising of the block wall He stated staff proposes that Condition of Approval #34 be rewntten and the last sentence would be removed He noted that Condition of Approval #36 regarding the property next door would be deleted Councllmember Schiffner commented on 2 story homes and the residents complaints Mayor Magee commented the wall should be uniform making It seven feet across to prevent other residents from complaining Community Development Director Prelsendanz said he spoke with Corman Leigh regarding this situation and they dldn t want to support It Mayor Magee commented on Condition of Approval #36 and stated that property owner will need to work with Corman Leigh Mayor Pro Tem Hickman Inquired about Condllron of Approval #34 Community Development Director Prelsendanz reiterated what the Condllron would Include BUSINESS ITEMS 31 Second Readlna - Ordinance No 1216 - Amendlna Seclron 1683040 of the Lake ElSinore MUnicipal Code reaardlna the Transportalron Uniform Mllraatlon Fee Proaram City Treasurer Weber commented on the County Road opening up Into Railroad Canyon which will Increase the amount of traffic daily He stated that the County should help financially with the Interchange Mayor Magee stated his disagreement With Mr Weber and that permits are needed before money He noted that 24 million will be received through programs He indicated there IS money With RCTC and that the City needs a permit to start drawing the money 4 Agenda Item No 3 Page 123 of 170 32 Second ReadlnQ - Ordinance No 1217 - Actlno as the leOlslatlve bOdy of the City of Lake Elsinore Community Facilities Dlstnct No 2003 1 (Law Enforcement. Fire and Paramedic Services) authonzlno the levy of a soeclal tax Within Annexation Area No 22 (Tract 32503) annexed to said dlstnct No comments 33 Second Readlna - Ordinance No 1218 - Actlno as the lealslatlve body of the City of Lake Elsinore Community Facilities Dlstnct No 20065 (Parks. Ooen Soace and Storm Drain Maintenance) authonzlnO the levy of a soeclal tax Within Annexation Area No 1 (Tract 32503) annexed to said dlstnct No comments 34 Second Readlno - Ordinance 1219 - Actlno as the leOlslatlve body of the City of Lake Elsinore Community FaCilities Dlstnct No 2004 3 (Rosetta Canyon). authonzlnO the levY of a soeclal tax No comments 35 Second Readlno - Ordinance 1220 - Addlno Chaoter 1718 of the Lake Elsinore MUnlcloal Code reaardlna the R M R Rural Mountainous ReSidential Dlstnct and adootlon of a Neoatlye Declaration therefore No comments 36 Second Readlna - Ordinance No 1221 - AooroYlna Amendment No 2 to the Canyon Hills Soeclfic Plan No comments 37 Commercial Deslon ReYlew No 2007 03 Rosetta Canyon Fire Station. Community Center and Park No comments 38 ReSidential Deslon Review No 2006 11 (Corman Lelah) Mayor Magee confirmed the location of the project 39 Amendment to Lake Elsinore MUnlcloal Code. Chaoter 5 18 reaardlnQ Masseurs. Masseuses and Massaae Parlors Ron Hewlson commented on the ordinance and the number of massage parlors allowed In the City 5 Agenda Item No 3 Page 124 of 170 Mayor Pro Tem Hickman Inquired about the type of license needed City Attorney LeIbold stated that the ordinance was submitted at the request of the Shernff's Department and the VIolations of the mUnicIpal code are cnmlnal Mayor Magee explained that this IS an application for a business license and It Will go to the Shernff's Department to review Council member Schiffner Inquired about this gOing to PSAC CIty Attorney LeIbold responded that Council should move forward She noted that she will look Into the number of parlors per number of reSidents She stated that the hours of operation have been cut back Mayor Pro Tem Hickman inqUired on what kind of changes have been made City Attorney Leibold stated that the permit process and the procedural matters are to make It a legitimate massage parlor She noted that the definition of massage parlor Will be crossed reference In the zOning code REDEVELOPMENT AGENCY CONSENT CALENDAR (1) Warrant List - Apn113. 2007 No comments BUSINESS ITEMS There were no Items 6 Agenda Item No 3 Page 125 of 170 ADJOURNMENT Mayor Magee adjourned the JOInt City Council/Redevelopment Agency Study SessIon at448pm ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 7 Agenda Item No 3 Page 126 of 170 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY , MAY 8, 2007 **************************************************************************************************** CALL TO ORDER - 5 00 P M Mayor Magee called to order the Regular City Council Meeting at 5 00 P m ROLL CALL PRESENT MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER COUNCILMEMBER BUCKLEY ABSENT Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy City Engineer Seumalo Planning Manager Weiner BUilding & Safety Manager Chipman Information/Communications Manager Dennis Planning Intern Bltterolf Chief of Police Fetherolf Intenm City Clerk Soto and Administrative SpeCialist Dana Porche CLOSED SESSION City Attorney Llebold Indicated the follOWing Items were to be discussed dunng Closed Session A CONFERENCE WITH LEGAL COUNCEL - EXISTING LITIGATION - (SubdivIsion (a) of Gov t Code S 54956 9) ElSinore Valley MUniCipal Water Dlstnct vs City of Lake ElSinore John 0 Doherty et al (Riverside County Supenor Court Case No RIC 31267) B CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (SubdivIsion (a) of Govt Code S 549569) ElSinore Chnstlan Center et al vs City of Lake ElSinore (Appeal No 04 55320 D C No CV 01 04842 SVW) 1 Agenda Item No 3 Page 127 of 170 C CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov t Code 9 54956 8) Property APN 347 350 002 along the proposed Elsinore Hills Road adjacent to Tentative Tract Map No 31593 Negotiating parties City of Lake Elsinore and property owner Randl FJaeran Under negotiation pnce and terms of payment D CONFERENCE WITH REAL PEROPERTY NEGOTIATOR (Gov t Code 9 54956 8) Property APNs 375 350 012 016 017 030 031 035 036 057 Negotiating parties City of Lake Elsinore and Margaret Small First Amenca Trust Symantha Pham Glenda Patton and Michael Bloeber Under negotiation pnce and terms of payment E CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt Code 9 549568) Property APN s 374271 003 004 007 013 015 Negotiating parties City of Lake ElSinore and The Shopoff Group Under negotiation pnce and terms of payment The 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 Dr Vlck Knight INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting In a moment of silent prayer ROLL CALL PRESENT MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER COUNCILMEMBER BUCKLEY ABSENT Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Administrative Services Director Pressey Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy Community Services Director Sapp City Engineer Seumalo Information/Communications Manager DenniS Public 2 Agenda Item No 3 Page 128 of 170 Works Manager Payne Planning Intern Bltterolf Chief of Police Fetherolf Intenm City Clerk Soto and Administrative Specialist Dana Porche CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion Items as listed above She noted that Items ABC D and E were discussed and there was no reportable action PRESENT A TION/CEREMONIALS A Presentation - Assemblvman Jeffnes Leqlslatlve update Mayor Magee invited the Chairman of the MUrrieta Planning Commission Randon Lane up to the podium Mr Lane apologized for Assemblyman Jeffries not being able to attend He noted the progress of the legislative bills He commented on the AB291 bill regarding Highway 74 In Lake ElSinore and that It has been put In the suspense file because It IS over $150 thousand dollars He stated that he sees no problem with It movmg forward He commented on the AB1485 bill concerning military spouse tax exemption B Proclamation - Mental Health Month Mayor Magee presented a proclamation to GlOria Hemandez In recognition of Mental Health Month GlOria Hernandez stated thiS IS Mental Health Awareness Month and there Will be Open Houses at all the cliniCS She commented on the amount of clients served In the Riverside County C Presentation - Implementation of Shoreline Safetv Plan Mayor Magee invited Lake & Aquatic Resources Director Kilroy to the podium Mr Kilroy Introduced the shoreline safety measures He noted that Thomas Gnfflths an expert In the field of aquatic safety evaluated the lake and made recommendations In 2005 He reviewed the recommendations that have been made He commented on the recommendations that were Implemented Into the Shoreline Safety Plan He indicated the signs that have been Installed along the public Shoreline 3 Agenda Item No 3 Page 129 of 170 PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE Pete Dawson of LEMSAR, stated he IS appealing to the Council to open the Public Safety AdvIsory Committee to Include a Lake onented person or LEMSAR member CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4 1 VOTE WITH BUCKLEY ABSENT TO APPROVE THE CONSENT CALENDAR 1 Ratified Warrant List - Apnl13 2007 2 Construction Contract Change Order No 1 for City Park restaurant/restroom bUilding 3 Professional Services Proposal Approval 4 Award of Bid - Park Trash Enclosures 5 Award of Bid - Stadium Heat Pumps 6 Award of Bid - City Park FenCing 7 Exception to bid procedures 8 Maintenance Agreement between the City of Lake ElSinore and Belcaro Home Owners ASSOCiation PUBLIC HEARINGS 21 Resolution apprOVlnq the annexation of territory and the levv of assessments for Lake ElSinore Landscape and Street Llqhtlnq Dlstnct No 1 as Annexation Area No 17 (La Laquna. Phases 4 & 5) pursuant to the Landscaplnq and Llqhtlnq Act of 1972 Mayor Magee opened the public heanng at 7 20 P M Mayor Magee Indicated Staff requested thiS Item be continued until May 22 2007 MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4 1 VOTE WITH BUCKLEY ABSENT TO CONTINUE THIS ITEM UNTIL MAY 22,2007, CITY COUNCIL MEETING 4 Agenda Item No 3 Page 130 of 170 - I I 22 II I II I I II , Tentative Tract Map No 34837 (for condominium purposes) and Residential Deslon Review No 200618 for Lakeshore Vlllaae Town homes Community Development Director Prelsendanz presented an overview of the proposed project He noted the location of the project and how many Units were Included He noted the reVISions to conditions that staff IS recommending Albert Smith, owner of property on Lakeshore Drive commented on the access pOints of the project Council member Schiffner Inquired If Mr Smith IS proposing an easement across hiS property Mr Smith stated that an emergency gate be Installed Mayor Pro Tem Hickman inqUired when Mr Smith plans on developing thiS property Mr Smith indicated that he would like to find a developer to develop the property Mayor Pro Tem Hickman noted he would not want to make access pOints open up to Mr Smith s property Council member Kelley expressed her concerns that the Planning CommiSSion conditioned the developer to put In a wrought Iron access gates Mr Smith stated that he wants access pOints for emergency purposes only Council member Schiffner stated that he cannot grant access Mayor Magee inqUired If the current deSign Without the wrought Iron gates meets the Fire Department gUidelines Community Development Director Prelsendanz confirmed that It does meet the Fire Department gUidelines MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4 1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO 2007 68 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4 1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO 2007-69 APPROVING TENTATIVE TRACT MAP NO 34837 5 Agenda Item No 3 Page 131 of 170 MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4 1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO 2007 70 APPROVING RESIDENTIAL DESIGN REVIEW NO 200618 INCLUDING MODIFICATIONS TO CONDITIONS NO 34 & NO 36 BUSINESS ITEMS 31 Second Readmq - Ordinance No 1216 - Amendmq Section 1683040 of the Lake Elsmore Municipal Code reqardmq the Transportation Uniform Mltlqatlon Fee Proqram MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER KELLEY TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO 1216 ORDINANCE NO 1216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, AMENDING SECTIONS 1683040 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS NONE BUCKLEY NONE 32 Second Readmq - Ordmance No 1217 - Actmq as the leqlslatlye body of the City of Lake ElSinore Community FaCilities District No 2003 1 (Law Enforcement. Fire and Paramedic Services) authorlzmq the lew of a special tax wlthm Annexation Area No 22 (Tract 32503) annexed to said district MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO 1217 6 Agenda Item No 3 Page 132 of 170 ORDINANCE NO 1217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACTING AS THE LEGISTLATlVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO 222 (TRACT 32503) ANNEXED TO SAID DISTRICT THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS BUCKLEY ABSTAIN COUNCILMEMBERS NONE 33 Second Readlno - Ordinance No 1218 - Actlno as the leOlslatlve body of the Cltv of Lake Elsinore Community Facilities Dlstnct No 20043 (Rosetta Canyon), authonzlnO the lew of a special tax MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO 1218 ORDINANCE NO 1218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2006 5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO 1 (TRACT 32503) ANNEXED TO SAID DISTRICT UPON THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS BUCKLEY 7 Agenda Item No 3 Page 133 of 170 ABSTAIN COUNCILMEMBERS NONE 34 Second Readlna - Ordinance No 1219 - Actlna as the lealslative body of the Cltv of Lake Elsinore Communltv FaCIlities District No 2004 3 (Rosetta Canvon), authorlzlna the levv of a special tax MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER KELLEY TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO 1219 ORDINANCE NO 1219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 20043 (ROSETTA CANYON) AUTHORIZING THELEVY OF A SPECIAL TAX THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE NONE BUCKLEY NONE NOES COUNCILMEMBERS ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS 35 Second Readlna - Ordinance No 1220 - Addlna Chapter 1718 of the Lake Elsinore MUnicipal Code reaardlna the R M R Rural Mountainous ReSidential District and adoption of a Neaatlve Declaration therefore MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO 1220 ORDINANCE NO 1220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA ADDING CHAPTER 1718 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDIN THE R M R RURAL MOUNTAINOUS RESIDENTIAL DISTRICT AND ADOPTION OF A NEGATIVE DECLARATION THEREFORE 8 Agenda Item No 3 Page 134 of 170 THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS ABSENT COUNCllMEMBERS NONE ABSTAIN COUNCILMEMBERS BUCKLEY NONE 36 Second Readlnq - Ordinance No 1221 - Approvlnq Amendment No 2 to the Canvon Hills Specific Plan MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO 1221 ORDINANCE NO 1221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO 2 TO THE CANYON HILLS SPECIFIC PLAN THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE BUCKLEY ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS NONE 37 Commercial Deslqn ReView No 2007 03 Rosetta Canvon Fire Station. Communltv Center and Park Community Development Director Prelsendanz presented an overview of the project He noted thiS project would consist of three phases He noted the Planning Commission recommends approval Linda Cooley a Rosetta Canyon reSident commented that the amount of basketball courts In the area are Inadequate and would like to have additional ones added 9 Agenda Item No 3 Page 135 of 170 Community Services Director Sapp stated that the Earl Warren Elementary School project will Include two full basketball courts and four half courts that Will be lighted and accessible to all residents MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4 1 VOTE WITH BUCKLEY ABSENT TO APPROVE COMMERCIAL DESIGN REVIEW NO 2007-03 FOR THE ROSETTA CANYON FIRE STATION, COMMUNITY CENTER AND PARK 38 Residential Deslqn ReView No 2006 11 (Corman Lelqh) Community Development Director Prelsendanz commented the applicant approved recommendation of deSign review and Planning Commission recommends approval MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4 1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO 2007 71 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4 1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO 2007 72 APPROVING RESIDENTIAL DESIGN REVIEW NO 2006 11 39 Amendment to Lake ElSinore MuniCipal Code, Chapter 5 18 reqardlnq Masseurs. Masseuses and Massaqe Parlors Chief of Police Fetherolf commented on the Increase In the number of applications for thiS type of bUSiness He stated that a number of these bUSiness have acted Inappropnately He stated that along With the City Attorney he has drafted an Ordinance revIsion City Attorney Leibold commented on the definition of massage establishment to the zoning code She also stated the recommended hours of operation Mayor Pro Tem Hickman inqUired about the reVISion giving the police more teeth In correcting the problem Chief of Police Fetheroff replied that thiS Will prevent Illegal practices from gOing on In the bUSiness and Will speCify the qualifications and cntena that must be met by the employees as well as the owners of the establishment so that It IS a reputable bUSiness 10 Agenda Item No 3 Page 136 of 170 Mayor Pro Tem Hickman commented on regulating the number of establishments according to the population within the City Chief of Police Fetherolf stated that If the business IS a legitimate business there IS nothing to regulate MOVED BY COUNCILMEMBER KELLEY SECONDED BY COUNCILMEMBER SCHIFFNER TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1222 ORDINANCE NO 1222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 518 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MASSEURS MASSEUSES AND MASSAGE PARLORS THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS NOES COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE NONE BUCKLEY ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS NONE COUNCIL RECESSED AT 759 P M COUNCIL RECONVENED AT 8 00 P M PUBLIC COMMENTS Chns Hyland commented on the City gOing to Valley Center for auto parts She commented on the amount of money being spent and suggested uSing an auto parts store In the City Dr Vlck Knight commented on the Masonrc Lodge being unable to sell their property because of zonrng regulation He would like the Council to help change the zonrng back to C1 so It may be sold 11 Agenda Item No 3 Page 137 of 170 CITY MANAGER COMMENTS City Manager Brady commented on the following 1) The upcoming Community calendar events CITY ATTORNEY COMMENTS No comments COMMITTEE REPORTS None CITY TREASURER COMMENTS No comments CITY COUNCIL COMMENTS Councllmember Kelley commented on the following 1) Requested changing the budget Study Session on 5/24 to another date Mayor Magee suggested moving It to Tuesday May 29th The Council agreed to change the meeting to Tuesday May 29th at 5 00 P m Councllmember Schiffner commented on the following 1) Thanked Planning staff for work with Dr Knight Mayor Pro Tem Hickman commented on the following 1) Tom Buckley IS at a Vector Control Meeting In Washington 2) Congratulations to Jose for the Journalism award 3) Congratulations to the Elks scholarships winners Council member Buckley commented on the following No comments Mayor Magee commented on the following 1) Asked City Manager to meet with Dr Knight regarding the zOning problem 12 Agenda Item No 3 Page 138 of 170 Mayor Magee adjourned the Regular City Council Meeting at 8 11 P m ATTEST MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE 13 Agenda Item No 3 Page 139 of 170 MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 22,2007 **************************************************************************************************** CALL TO ORDER Mayor Magee called the JOint Study Session to order at 4 04 P m ROLL CALL PRESENT COUNCILMEMBERS HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS BUCKLEY Also present were City Manager Brady Administrative Services Director Pressey City Treasurer Weber Community Development Director Prelsendanz Lake and Aquatic Resources Director Kilroy Community Services Director Sapp Public Works Manager Payne Planning Manager Weiner BUilding & Safety Manager Chipman Information/Communications Manager DenniS Traffic Engineer Basubus ASSOCiate Planner Donahoe ASSistant Planner Carlson Interim City Clerk Soto Administrative Specialist Dana Porche PUBLIC COMMENTS - 3 MINUTES None DISCUSSION ITEM Mayor Magee gave an overview of the presentations and confirmed that the awardees would be present at the 7 00 P m meeting PUBLIC COMMENTS NON AGENDIZED ITEMS 1 MINUTE Ron Hewlson stated he enjoyed working With PSAC and City staff and indicted staff were very helpful 1 Agenda Item No 3 Page 140 of 170 Mayor Magee formally announced the resignation of Mr Hewlson and Mr Knight from the PSAC Commission which becomes effective Immediately He noted that they will need to select two new commiSSioners as scheduled and then recruit for two more He expressed his appreciation to Mr Hewlson for his service CONSENT CALENDAR 1 Minutes a JOint City Council/Redevelopment Agency Study SessIon _ January 23 2007 b City Council Meeting - January 23 2007 No comments 2 Warrant List - Apnl 30. 2007 Mayor Pro Tem Hickman inquired about Ck # 90272 Amencan Express and Ck # 90288 Administrative Services Director Pressey responded to this inqUiry Mayor Pro Tem Hickman Inquired about the temporary staffing bills Administrative Services Director Pressey confirmed there are at least three temporary workers at City Hall at this time Mayor Magee inqUIred about Ck # 90382 Lemon Grove Storage regarding the mobile home that was pulled by Code Enforcement He stated the City will have the ability to recover the cost BUilding & Safety Manager Chipman responded the City IS trying to sell the mobile home 3 Investment Report - March 31. 2007 Mayor Pro Tem Hickman InqUired on the negative amounts Administrative Services Director Pressey noted that some accounts were negative and funds have been appropnated 4 Resolution Inltlatlna proceedlnas and approvlna the Enalneer's Report for the annexation of certain terrltorv known as Makenna Court Into the City of Lake ElSinore Landscape and Street Llahtlna Dlstnct No 1. as LLMD AnnexatIon No 19 2 Agenda Item No 3 Page 141 of 170 Mayor Pro Tem Hickman Inquired about street repairs on Machado He stated the street was just refinished and now the City IS about to rip It for construction City Manager Brady noted the City always tries to coordinate road construction with developers 5 Resolution of Intention to form Communltv FaCIlities District No 2007 1 (Law Enforcement. Fire and Paramedic Services) and to authorize the levv of a special tax Mayor Magee inquired on a misprint of the CFD Number Administrative Services Director Pressey responded the number IS 2007 1 He noted the Increase for each homeowner and lower development costs Mayor Magee inquired on a response from the applicant on thiS project Dennrs Anderson Hams & Assoc responded the project was discussed With the applicant and they are In agreement to the rates 6 TIF Fee Credit Aoreement for transportation Improvements constructed In connection With Centex Homes Ramsoate Development Mayor Magee commented on the developer being responsible for the balance of the TI F fees City Attorney Leibold confirmed thiS Information City Treasurer Weber Inquired If It was less expensive to contract a service City Manager Brady responded there IS a credit against Improvements that are made PUBLIC HEARING 21 Resolution approvlnq the annexation of terrltorv and the levv of assessments for the Lake ElSinore Landscape and Street Liohtlnq District No 1 as Annexation Area No 1 as Annexation Area No 17 (La Laouna Phases 4 & 5) No comments 3 Agenda Item No 3 Page 142 of 170 22 Resolution determlnlnq the validltv of pnor proceedlnqs relatlnq to annexation of property Into City of Lake Elsinore Community FaCilities Dlstnct No 2003 1 (Law Enforcement. Fire and Paramedic Services). call a special election. canvas election results. authonzlnq levy of special taxes for CFD No 2003 1 Annexation Area No 23 (La Laquna Phases 4 & 5) No comments 23 Adoption of Resolution No 2007 80 approvlnq the City of Lake Elsinore Traffic Impact Fee Update and IncreaSlnq Traffic Impact Fees for Development Prolects Within the City of Lake Elsinore Councllmember Kelley inquired about getting a list of other city fees to compare City Manager Brady stated that all the Cities were different when It comes to what IS covered under the fees Councllmember Kelley expressed her concern With the fees TraffiC Engineer Ed Basubus commented on the fees for Murneta and Temecula Councllmember Kelley commented she would like close compansons Mayor Magee noted the onglnal TIF was adopted before he was on council He noted the new traffic study was not proVided In agenda packet He noted he requested a Wish list for roadway Improvements to be put In the RCTC budget He commented on proViding office space for assemblyman He noted he would like to continue thiS Item City Manager Brady noted that under TIF Ordinance It IS wntten Into the code and Includes an Index that IS used as a standard Increase Mayor Magee indicated he would like to continue thiS Item for 6 12 months City Attorney Leibold expressed her concern for the term of the continuance She stated the motion should be to continue off calendar 24 ZOnlnq Ordinance Text Amendment no 2007 02. a request to amend portions of the Lake ElSinore Municipal Code related to the modification of the minimum on site landscape coveraqe percentaqe reqUirements Within commercial and Industnal zones Mayor Pro Tem Hickman Inquired who was voting for a denial 4 Agenda Item No 3 Page 143 of 170 Community Development Director Prelsendanz stated the names of those who voted He noted that there were some developers who were not aware of the Increase Councllmember Kelley mdlcated the tlmmg was not good She stated that all the mcreases were not good for the development community 25 ExtenSion of time for Tentative Tract Map No 32077 Mayor Magee mqulred about what fee schedule IS being addressed Community Development Director Prelsendanz stated the conditions have been met Mayor Magee mdlcated he did have an Issue with some of the Items He noted that It was presented as an upscale community He stated that he agrees with the extension but opposed to some provIsions BUSINESS ITEMS 31 Second Readma - Ordinance No 1222 - Amendma and restatma Chapter 5 18 of the Lake ElSinore MUniCipal Code reaardma Masseurs. Masseuses and Massaae Parlors No comments 32 CR&R - Annual consumer prrce Index mcrease Mayor Pro Tem Hickman mqUlred If there were any CR&R representatives present City Manager Brady commented that Dave Ferron was not able to attend DenniS Anderson Indicated there was a decrease m properties 33 CltV Park Plantma Plan No comments 34 Commercial Deslan ReView No 2006 05 City Manager Brady stated that Mr Filler was not able to attend the meetmg 5 Agenda Item No 3 Page 144 of 170 REDEVELOPMENT AGENCY CONSENT CALENDAR 1 Minutes a JOint City Council/Redevelopment Agency Study Session _ January 23 2007 b Redevelopment Agency Meeting - January 23 2007 No comments 2 Warrant List - April 30. 2007 No comments 3 Investment Report - March 2007 No comments BUSINESS ITEMS 4 Commercial Deslon Review No 2006 05 No comments ADJOURNMENT Mayor Magee adjourned the Jomt City Council/Redevelopment Agency study session at 4 52 P m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY CHAIRMAN REDEVELOPMENT AGENCY ATTEST MICHELLE SOTO INTERIM CITY CLERK CITY OF LAKE ELSINORE 6 Agenda Item No 3 Page 145 of 170 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY MAY 22, 2007 **************************************************************************************************** CALL TO ORDER - 5 00 P m The Regular City Council Meeting was called to order by Mayor Magee at 7 01 pm ROLL CALL PRESENT COUNCILMEMBERS ABSENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NONE Also present were City Manager Brady Administrative Services Director Pressey City Treasurer Weber Community Development Director Prelsendanz Lake and Aquatic Resources Director Kilroy Commumty ServIces DIrector Sapp Public Works Manager Payne Planning Manager Weiner Building & Safety Manager Chipman Information/Communications Manager DenniS Traffic Engineer Basubus Associate Planner Donahoe Assistant Planner Carlson Intenm City Clerk Soto and Administrative Specialist Dana Porche 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 Mayor Magee INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting In a moment of Silent prayer 1 Agenda Item No 3 Page 146 of 170 ROLL CALL PRESENT COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE ABSENT COUNCILMEMBERS NONE Also present were City Manager Brady City Attorney Leibold City Treasurer Weber Administrative Services Director Pressey Community Development Director Prelsendanz Lake & Aquatic Resources Director Kilroy Community Services Director Sapp City Engineer Seumalo Information {Communications Manager Dennis Public Works Manager Payne Planning Intern Bltterolf Chief of Police Fetherolf Intenm City Clerk Soto and Administrative Specialist Dana Porche CLOSED SESSION A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdiVIsion (c) of Gov t Code S 549569 (1 potential case) CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion Item as listed above She noted that Item A was discussed and there was no reportable action PRESENTATION/CEREMONIALS A Proclamation - Eaole Scout Matthew Jansen Mayor Magee presented a Proclamation to Eagle Scout Matthew Jansen Matthew thanked his troop and Scout Master He also thanked the City Council for the Proclamation B Presentation to Student Valets Councllmember Kelley inVited the student valets to the podium She commented and gave a background on student valet services She presented the certificates to each student C Proclamation - National PubliC Work s Week Mayor Magee presented a proclamation to Public Works Manager Payne In recognition of National Public Works Week 2 Agenda Item No 3 Page 147 of 170 Public Works Manager Payne thanked Mayor Magee Council and Staff for the Proclamation D Presentation - District Attornev Pacheco District Attorney Rod Pacheco thanked the Council for their assIstance with gangs In Riverside County He commented on the documented number of gangs In the County He described what a documented gang member IS and listed the gangs In thIs area Councllmember Buckley inquired about what percentage of gang members lead to violent crimes District Attorney Pacheco stated that about 60% of violent crimes are committed by about 7% of the population He noted that gang members were responsible for most of the violent crimes In the county Councllmember Buckley inqUired about the percentage of homegrown gangs within Lake ElSinore District Attorney Pacheco noted that the percentage was about 50/50 He commented on international gangs Counctlmember Kelley inqUired on the adVice that can be given to reSidents about gang activity District Attorney Pacheco commented that reSidents continue to be aware of gang activity and dedicated to a resolution Council member Kelley InqUired what kind of programs are out there for gang members District Attorney Pacheco responded the way to suppress gang activity IS by working With the kids keeping them In school and keeping them on the right track E Chamber of Commerce Update Ruth AtkinS commented on events on the Chamber of Commerce calendar PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE Donna Franson lake ElSinore Citizen Committee commented on the quarterty meeting and the key speakers 3 Agenda Item No 3 Page 148 of 170 CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR 1 Minutes a JOint City Council/Redevelopment Agency Study Session _ January 23 2007 b City Council Meeting - January 23 2007 2 Ratified Warrant List - April 30 2007 3 Investment Report - March 31 2007 4 Resolution initiating proceedings and approving the Engineer's Report for the annexation of certain terntory known as Makenna Court Into the City of Lake ElSinore Landscape and Street Lighting District No 1 as LLMD Annexation No 19 5 Resolution of Intention to form Community FaCilities District No 2007 1 (Law Enforcement Fire and ParamediC Services) and to authOrize the levy of a speCial tax 6 TIF Fee Credit Agreement for transportation Improvements constructed In connection With Centex Homes Ramsgate Development PUBLIC HEARINGS 21 Resolution approvlnQ the annexation of terntorv and the levy of assessments for Lake ElSinore Landscape and Street LIQhtlnQ District No 1 as Annexation Area No 17 (La LaQuna. Phases 4 & 5) Mayor Magee opened the public hearing at 7 38 P M City Manager Brady reported on the Item He requested that the City Attorney announce notice of the Item City Attorney Leibold announced the notice had been published In accordance With the Landscape and Lighting Act of 1972 and proof of such publication was on file In the City Clerk s Office Administrative Services Director Pressey commented on the 1 ih annexation to LLMD No 1 He noted thiS district has two zones He stated the number of street lights and the annual cost of each zone 4 Agenda Item No 3 Page 149 of 170 Mayor Magee requested testimony from the public He Inquired If there was anyone wishing to speak In favor or against the Item He also inqUired If there was anyone that wished to speak at all Mayor Magee inqUIred If there were any property owners subject to the proposed assessments who wished to file a written protest He noted that If there were any property owners who wished to file a written protest they must file It with the City Clerk at that time He noted that for purpose of a majority protest only written protest were to be considered Mayor Magee closed the public hearing at 7 41 P m Mayor Magee directed Interim City Clerk Soto to tabulate the ballots and announce If a majority protest had been made Interim City Clerk Soto tabulated the ballots and announced that a majority protest did not eXist MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 200776 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO 1 22 Resolution determlnlnq the valldltv of Prior proceedlnqs relatlnq to annexation of property Into City of Lake ElSinore Community FacIlities District No 2003 1 (Law Enforcement. Fire. and Paramedic Services), call a special election. canvas election results. authorlzlnq levy of special taxes for CFD No 2003 1 Annexation Area No 23 (La Laquna Phases 4 & 5) Mayor Magee opened the public hearing at 7 43 P m City Manager Brady commented on the Item He requested that the City Attorney announce notice of the Item City Attorney Leibold announced that the notice had been pUblished In accordance With the Landscape and Lighting Act of 1972 and proof of such publication was on file In the City Clerk s office Administrative Services Director Pressey commented on the Item Mayor Magee requested testimony from the public anyone Wishing to speak In favor or against the Item was anyone that Wished to speak at all He inquired If there was He also inqUired If there 5 Agenda Item No 3 Page 150 of 170 Mayor Magee Inquired If there were any property owners subject to the proposed assessments who wished to file a written protest He noted that If there were any property owners who wished to file a written protest they must file It with the City Clerk at that time He noted that for purpose of a majority protest only written protest were to be considered Mayor Magee closed the public hearing at 7 45 P m MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 200777 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007 78 CALLING A SPECIAL ELECTION MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 200779 ORDERING CANVASSING OF ELECTION RESULTS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO 1222 ORDINANCE NO 1222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2003 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO 23 (LA LAGUNA PHASES 4 & 5) ANNEXED TO SAID DISTRICT THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS NONE NONE 6 Agenda Item No 3 Page 151 of 170 23 Adoption of Resolution No 2007 80 approvlna the CltV of Lake Elsinore Traffic Impact Fee Update and IncreaSlna Traffic Impact Fees for Development Prolects Within the CltV of Lake Elsinore City Manager Brady noted It was a closed modification Increase based on consumer price Index He stated that fees were last updated In 2005 Mayor Magee opened the public hearing at 7 49 P m Ken Sholtz, Fairway Commercial Park said there was a discount In the TIF fee He commented that the discount puts a heavy Increase on commercial development and would like Council to take It In to consideration Mayor Pro Tern Hickman requested that thiS Item be continued off calendar CounCil member Buckley requested an explanation of the discount City Manager Brady stated that all non residential development was reduced by 30% when first proposed Councllmember Buckley suggested a two year phase In plan He questioned a cut off pOint for each project City Manager Brady stated the effective date IS July 1st Permits pulled prior to that date would have the eXisting rate He motioned to approve the two year phase In of non residential The motion died due to lack of a second Mayor Magee directed staff to look at Class A office bUilding exemptions Councllmember Kelley requested a comparison MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4 1 VOTE WITH BUCKLEY ABSTAINING TO CONTINUE THE ITEM OFF CALENDAR 24 Zonlna Ordinance Text Amendment No 2007 02. a reauest to amend portions of the Lake ElSinore MUniCipal Code related to the modification of the minimum on site landscape coveraae percentaae reaUlrements Within commercial and industrial zones Community Development Director Prelsendanz stated the Council approved a text amendment In Nov 2006 He stated that a number of developers were not aware of the amendment so they did not outreach He stated that Staff prepared 7 Agenda Item No 3 Page 152 of 170 a revised proposal to the Plannrng Commission to reduce the commercial development landscape and industrial landscape requirements He stated the Plannrng Commission voted 3 2 to recommend the CouncIl deny the request Damian Porreca Indicated he IS developing a parcel and Intend to bUild an industrial park He stated that the development has been planned and waiting for enVIronmental documents He stated the Increase would cause a hardship and prohibit development He requested that the Council overturn the Plannrng Commission s deCISion Byron BIShop, Advanced Investments Development, indicated they are currently developing projects Within the City He noted that he has dropped two other projects In the City because they are not economically feasible He commented that he perceives thiS as a downturn Rod OshIta, Fairway CommercIal Partners, commented on his project He thanked City Manager Brady and Planning Department for theIr outreach He asked Council to consider amending the Landscape Ordinance back to 12% Norman Brody indicted he has owned industrial real estate here for many years He stated that anything beyond 12% IS a burden Mike QUlrck Elsmore West Busmess Park expressed his concerns for the means to get to 20% He commented on dOing a phase In or gOing to 12% and Increase to the difference later Larry SloOlm indicated he IS currently working With a developer and trying to comply With the high percentage of landscaping IS very difficult He noted that 15% would be much more appropriate Mayor Magee closed the public hearing at 8 08 P m Councilmember Schiffner stated that based upon the testimony the has been heard and the facts that have been given he would like to over rule the Plannrng Commission s deCISion and establish a 15% landscaping reqUirement on commercial and a 12% on industrial Mayor Pro Tem Hickman expressed his concerns With the fee Council member Kelley commented on bemg mindful of the economy She stated she IS In support of the compromise Council member Buckley noted he was In support of the reduction Council member Kelley noted that Staff Include language on page 3 and should be ItaliCized 8 Agenda Item No 3 Page 153 of 170 Community Development Director Prelsendanz indicated that It already eXists Mayor Pro Tem Hickman stated that he would like staff to work with the developers Mayor Magee noted the Council was pleased with the 20% initially He commended staff for their outreach to the development community MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN CARRIED BY A UNANIMOUS VOTE TO DENY THE PROPOSED TEXT AMENDMENT 25 Extension of time for Tentative Tract Map No 32077 Community Development Director Prelsendanz stated this Item was a request for an extension of time He stated that because of this several conditions have been modified Mayor Magee expressed this concern with the lack of executive housing opportunities In the community He expressed his disappointment with staff removing gates from the community Mayor Magee noted that Council member Buckley IS absent from the diScussion and vote MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4 0 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO 2007 81 APPROVING A ONE YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO 32077 BUSINESS ITEMS 31 Second ReadlnQ - Ordinance No 1222 - AmendlnQ and restatlnQ Chapter 518 of the Lake Elsinore MUnicipal Code reQardlnQ Masseurs. Masseuses and MassaQe Parlors MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER KELLEY TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO 1222 ORDINANCE NO 1222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 518 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MASSEURS MASSEUSES AND MASSAGE PARLORS 9 Agenda Item No 3 Page 154 of 170 THE FOLLOWING ROLL CALL VOTE RESULTED AYES COUNCILMEMBERS BUCKLEY HICKMAN KELLEY SCHIFFNER MAGEE NOES COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ABSTAIN COUNCILMEMBERS NONE 32 CR&R - Annual consumer once mdex mcrease City Manager Brady presented the staff report He also noted the monthly mcrease MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE CPI INCREASE AND APPLICATION OF NEW RATES FOR REFUSE PICK UP RECYCLING AND DISPOSAL TO TAKE EFFECT ON JULY 1, 2007 33 Cltv Park Plantmq Plan Community Services Director Sapp gave an overview of the Plan He stated the plan Will be completed by June 1st Councllmember Kelley stated she appreciated the plan and the fast tlmeline Council member Buckley commented on the dimenSions Community Services Director Sapp stated that cuttmg down the trees Will add more light and other growth will Improve He mdlcated more trees can be planted If Council deSires Councllmember Buckley moved to approve With additional trees m a portion of the piCniC area Motion died due to lack of a second Mayor Pro Tem Hickman suggested that Mr Sapp use hiS own discretion Councllmember Schiffner mqUlred how the plan was determmed 10 Agenda Item No 3 Page 155 of 170 Community Services Director Sapp stated the plan came from the landscape architect MOVED BY MAYOR MAGEE, SECONDED BY COUNCILMEMBER BUCKLEY TO APPROVE THE PLANTING PLAN, TIMELlNE AND FUNDING RECOMMENDATION FOR THE CITY PARK TREE REMOVAL AND REPLANTING PROJECT 34 Commercial Deslqn Review No 2006 05 Community Development Director Prelsendanz presented an overview of the Item He stated that the Planning Commission unanimously recommended approval Council member Buckley commented on the Oct INov opening of the golf course Mayor Magee stated that the golf course and sports bUilding needed to be operational pnor to release of the certificate of occupancy for the first reSIdential structure Councllmember Buckley expressed hIs concern with long term damage If the course IS played on too soon Community Development Director Prelsendanz stated there was a landscape arch Itect MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2007-82 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NOL 2007-83 APPROVING COMMERCIAL DESIGN REVIEW NO 2006 05 COUNCIL RECESSED AT 838 P M COUNCIL RECONVENED AT 8 40 P M PUBLIC COMMENTS 11 Agenda Item No 3 Page 156 of 170 CITY MANAGER COMMENTS City Manager Brady commented on the following 1) The upcoming Community calendar events 2) He Introduced Jerry Hendershot as new Battalion Chief CITY ATTORNEY COMMENTS No comments COMMITTEE REPORTS None CITY TREASURER COMMENTS No comments CITY COUNCIL COMMENTS Councllmember Kelley commented on the follOWing No comments Councllmember Schiffner commented on the follOWing No comments Mayor Pro Tern Hickman commented on the follOWing 1) Memonal Day Service at the City Cemetery 10 00 a m Councllmember Buckley commented on the follOWing 1) The new logo branding on the City Mayor Magee commented on the follOWing 1) A letter from the City Manager of Temecula for a volunteer to help conduct a study for a Regional Medical Facility Mayor Pro Tem Hickman volunteered 12 Agenda Item No 3 Page 157 of 170 Mayor Magee adjourned the Regular City Council Meeting at 8 44 P m ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 13 Agenda Item No 3 Page 158 of 170 MINUTES JOINT CITY COUNCIUREDEVELOPMENT 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 SCHIFFNER MAGEE ABSENT COUNCILMEMBERS BUCKLEY (arrived at 410 pm) Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Lake & Aquatic Resources Director Kilroy Parks & Recreation Director Gonzales Public Works Director Seumalo Community Development Director Prelsendanz Information/Communications Manager Dennis Public Works Manager Payne Building & Safety Manager Chipman Planning Intern Bltterolf City Treasurer Weber Deputy City Clerk Soto and City Clerk Munson DISCUSSION ITEMS None CONSENT CALENDAR 1 Warrant List - Auoust 31, 2007 Mayor Pro Tem Hickman requested clanficatlon of vanous checks Issued on the warrant list Staff clanfied the Items 2 Claim aoalnst the Cltv Mayor Pro Tem Hickman requested further c1anficatlon 1 Agenda Item No 3 Page 159 of 170 Mayor Magee stated that the City s motorcycle officer hit the claimant s side vIew mirror 3 Reorqanlzatlon of Enqlneerlnq 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 Canvon Road!1 15 Interchanqe Update Mayor Pro Tern Hickman requested clarification In regard to a tlmeline 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 Dralnaqe 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 indicated hiS department was working With the developer He commented on the developer's cooperativeness to help find a solution Mayor Magee inqUired If the reSidents of the area had their own engineer Public Works Director Seumalo replied that the reSidents of the area dId not hire an engineer He indicated that the engineer that the reSidents spoke of was a friend of a neighbor He Indicated that had worked With the gentlemen In the past on different projects CounCil member Kelley inqUired If the Issue would be resolved before the rainy season Public Works Director Seumalo indicated It was their goal to have the Issue resolved before the rainY season He noted It was dependent on their ability to come up With a solution and the ability of the reSident s engineer to gain the trust of the reSidents Council member Kelley stated that staff needed to be senSitive to that Issue dUring the rainy season while the process was gOing forward 2 Agenda Item No 3 Page 160 of 170 6 Extension of Time for Tentative Tract MaD No 33370 for Condominium Purooses Leonard Lelchmtz, LUMOS Commumtles, indicated that Public Works DIrector Seumalo and his staff had done an excellent Job with the Railroad Canyon!1 15 project He stated as the developer of the project pertaining to TentatIve Tract Map No 33370 the addllional time would be apprecIated 7 Hewlett Packard Universal Server Racks Purchase No comments 8 Notice of Termination of Aareement for Dralnaae Encumbrance No comments PUBLIC HEARING None BUSINESS ITEMS None REDEVELOPMENT AGENCY CONSENT CALENDAR 1 Warrant list - Auaust 31,2007 No comments 2 Extension of Time for Tentalive Tract MaD No 33370 for Condominium PurDoses No comments BUSINESS ITEMS None 3 Agenda Item No 3 Page 161 of 170 ADJOURNMENT Mayor Magee adjourned the JOint City Council/Redevelopment Agency Study Session at417pm ROBERT E MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE ATTEST VIVIAN MUNSON CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item No 3 Page 162 of 170 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 11 2007 **************************************************************************************************** CALL TO ORDER - 5 00 P M The Regular City Council Meeting was called to order by Mayor Magee at 5 00 P m ROLL CALL PRESENT MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT NONE Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Planning Manager Weiner Lake and Aquatic Resources Director Kilroy Public Works Director Seumalo Information/Communications Manager Dennis Community Services Director Gonzales Chief of Police Fetherolf Fire Chief Hendershot City Clerk Munson and Deputy City Clerk Soto CLOSED SESSION The follOWing Item was to be discussed dunng Closed Session A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - SubdiVIsion (a) of Gov t Code 9 54956 9 TrUjillo et al v City of Lake ElSinore Riverside Supenor 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 COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES NONE 1 Agenda Item No 3 Page 163 of 170 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 COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT NONE Also present were City Manager Brady City Attorney Leibold Administrative Services Director Pressey Lake and Aquatic Resources Director Kilroy Public Works Director Seumalo Information/Communications Manager Dennis Planning Manager Weiner Community Services Director Gonzales Chief of Police 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 authonty 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 PRESENT ATION/CEREMONIALS There were no presentations 2 Agenda Item No 3 Page 164 of 170 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ruth Atkms of Lake Elsinore, invited the City Council and the public to the Mayor's 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 Fnday September 28th from 6 900 pm There will be an art show from local artists Reservations can be made by calling 245 8890 or on line at www elslnorevallevartsnetwork ora 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 - Auaust 31. 2007 Recommendation Ratify 2 Claim aaalnst the CltV Recommendation Reject claim for AAA (Subro Scott Johnson CL # 2007 9) 3 Reoraanlzatlon of Enalneenna Staff Recommendation Approve the proposed changes to the Job classifications and corresponding salary 4 Railroad Canvon Road!1 15 Interchanae Update Recommendation Receive and file 5 Alan Street Dralnaae Update Recommendation Receive and file 6 ExtenSion of Time for Tentative Tract Map No 33370 for Condominium Purposes 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 7 Hewlett Packard Universal Server Racks Purchase Recommendation Authonze the City Manager to approve the purchase of the Hewlett Packard Universal Racks for the Information Technology DIVISion 3 Agenda Item No 3 Page 165 of 170 8 Notice of Termination of Aoreement for Dralnaoe Encumbrance Recommendation Authonze 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 Councllmember Kelley and seconded by Councdmember 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 COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES NONE ABSENT NONE ABSTAIN NONE COUNCIL RECEIVES AND FILES CONSENT CALENDAR NO 5 MIke Matthews Lake Elsinore, expressed hiS concern with the water flow through hiS neighborhood He prOVided photos of hiS street (attached) which showed what occurs 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 Rldgestone Apartments He stated there has been no effort to maintain cleanup or groom the landscape of the apartments He has been mOnltonng the number of broken spnnklers that have been contnbutlng 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 Mayor Pro Tern Hickman InqUired If Mr Matthews was keeping hiS neighbors Informed Mr Matthews indicated that he was 4 Agenda Item No 3 Page 166 of 170 It was moved by Counclimember Schiffner and seconded by Mayor Pro Tern Hickman to approve the Consent Calendar Item No 5 The follOWing vote resulted AYES MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER 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 CITY MANAGER COMMENTS City Manager Brady commented on the followmg 1) Welcome the new City Clerk VIVian Munson CITY ATTORNEY COMMENTS 1 ) Also welcomed the new City Clerk 5 Agenda Item No 3 Page 167 of 170 CITY TREASURER COMMENTS Not In attendance CITY COUNCIL COMMENTS Councllmember Kelley commented on the following 1) Welcomed the new City Clerk Councllmember Schiffner commented on the following 1) Welcomed the new City Clerk Mayor Pro Tem Hickman commented on the following 1) Welcomed the new City Clerk 2) Thanked West Coast Arborlst for trimming the palm trees and dOing such a fabulous Job 3) Wished Happy Rosh Hashanah to all of the City s Jewish reSidents Councllmember Buckley commented on the follOWing 1) Congratulated the Storm for making the playoffs 2) Congratulated Jeff George George Bloomfield and Krls Anderson on their election to the Elsinore Water District Electron 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 Agenda Item No 3 Page 168 of 170 ~ 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 CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 7 Agenda Item No 3 Page 169 of 170 Phot02l'llphs - Ramfall8-31-2007 J Agenda Item No 3 Page 170 of 170 CITY OF !V~ LAKE ,c6,LSINORf: ~~ DREAM E,x'TREMEN REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9 2007 SUBJECT WARRANT LIST DATED SEPTEMBER 28, 2007 DISCUSSion The warrant list IS a listing of all general checks Issued since the prior warrant list Recommendation Authorize payment of Warrant List dated September 28 2007 Prepared By Crystal Robinson oF- Account Specialist I ReViewed By Matt N Presse Director Of Admlnl tratlve Services Approved By Robert A Brady;!4/! City Manager Agenda Item No 4 Page 1 of 6 SEPTEMBER 28 2007 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 825 826 76 105 MISCELLANEOUS GENERAL PROJECT FUND 17179250 110 STATE GAS TAX FUND 34756 112 TRANSPORTATION MEASURE A FUND 498 75 118 LAKE SIDE FACILITIES DIFF FUND 1151646 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 3941622 135 L L M D NO 1 FUND 116007 150 C D B G FUND 1711805 204 SIGNAL C I PFUND 14250 205 TRAFFIC IMPACT FEE FUND 1112500 231 LIBRARY C I PFUND 404786 357 C F D 2003 02 DEBT SERVICE FUND 8 724 24 362 C F D 951 1996 E DEBT SERVICE FUND 90 592 50 363 C F D 883 WEST LAKE ELSINORE 1997 SERIES A DEBT SERVICE FUND 3 549 85 364 C F D 883 WEST LAKE ELSINORE 1997 SERIES B DEBT SERVICE FUND 541 80000 365 C F D 98 1 SUMMERHILL IMPROVEMENT DEBT SERVICE FUND 553 259 25 366 C F D 2005 6 CITY CENTER TOWN HOMES DEBT SERVICE FUND 1 800 00 367 C F D 2006 1 SUMMERL Y/JOHN LAING HOMES DEBT SERVICE FUND 2 700 00 368 C F D 20062 VISCAYA DEBT SERVICE FUND 1 800 00 369 C F D 2004 3 ROSETTA CANYON DEBT SERVICE FUND 3 500 00 371 C F D 2005 1 SERENITY/K B HOMES DEBT SERVICE FUND 1 800 00 372 C F D 2005 2 ALBERHILL RANCH DEBT SERVICE FUND 2 700 00 373 C F D 20055 WASSON CANYON DEBT SERVICE FUND 1 800 00 374 C F D 2005 4 LAKEVIEW VILLAS DEBT SERVICE FUND 700 00 375 C F D 2006 4 TRACT #30698/32129 DEBT SERVICE FUND 700 00 376 C F D 2006 3 LA STRADA DEBT SERVICE FUND 700 00 377 C F D 2006 X LUMOSITESSERA DEBT SERVICE FUND 700 00 378 C F D 2006 8 TRACT #31957 DEBT SERVICE FUND 700 00 379 C F D 2007 X MARINA VILLAGE DEBT SERVICE FUND 6324547 381 C F D 200610 RIVERLAKE VILLAS DEBT SERVICE FUND 700 00 382 C F D 2006 9 TRIESTE DEBT SERVICE FUND 700 00 386 C F D 2007-4 MAKENNA COURT DEBT SERVICE FUND 6 000 00 608 TRUST DEPOSITS & PRE PAID EXPENSE 6 887 40 620 COST RECOVERY SYSTEM 6464318 650 C F D 2003 1 LAW & FIRE SERVICE SERVICE FUND 1 200 00 651 C F D 2006 5 PARKS OPEN SPACES & STORM DRAINS SERVICE FUND 200 00 GRAND TOTAL $ 2 444 093 62 10/212007 Warrant 092807 1 of 1 Agenda Item No 4 Page 2 of 6 SEPTEMBER 28 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# 92178 92352 92353 92354 92355 92356 92357 92359 92360 92361 92362 92363 92364 92365 92366 92367 92368 92369 92370 92371 92372 92373 92374 92375 92376 92377 92378 92379 92380 92381 92382 92383 92384 92385 92386 92387 92388 92389 92390 92391 92392 92393 92394 92395 92396 92397 92398 92399 92400 92401 92402 92403 92404 92405 VENDOR NAME AMOUNT $ 3251 42 654 00 680 00 118166125 461400 520 00 4604716 000 2 959 00 307 75 627 99 2 464 24 61202 18886 304 00 15357 7 500 00 3 683 69 3496 513800 24700 9600 4499 10500 4 044 00 7535 1960143 3000 4 500 00 677 00 17 97 14000 31333 1 784 00 1 720 93 28125 3 393 33 350 58 69160 203 28 17317 2 057 94 313764 5561 62 1 684 72 2 709 00 2 090 00 252 45 6324547 5299 31611 4 298 26 7840 CNH CAPITAL AMERICA L L C HISTORICAL DOWNTOWN MERCHANTS ASSOCIATION LAKE ELSINORE VALLEY CHAMBER OF COMMERCE UNION BANK OF CALIFORNIA ICMA RETIREMENT TRUST C DATA UNION BANK OF CALIFORNIA VOID A & A JANITORIAL SERVICE A & A SIGN CO ADVENTURES IN ADVERTISING ALL PHASE REFRIGERATION & AIR CONDITIONING INC ALLIED TRAFFIC EQUIPMENT AMERICAN EXPRESS AMERICAN FORENSIC NURSES ERICA ANDERSEN ANIMAL FRIENDS OF THE VALLEY APPLE ONE EMPLOYMENT SERVICE ARTISAN GOLDSMITHS & AWARDS -- ASIF SOHAIUSKM ENTERPRISES BACKFLOW CERTIFICATION CATHERYNE BARROZO BILL BELVIN BRENT DAHLlTZ BROADSTONE RIVER EDGE ALLIANCE BUNDY CANYON TURF SUPPLY BUREAU VERITAS NORTH AMERICA INC CA PEACE OFFICERS ASSOCIATION CALIFORNIA BUILDING OFFICIALS CALIFORNIA PER S CALIFORNIA SKIER STATE OF CALIFORNIA DEPARTMENT OF JUSTICE CALOL YMPIC GLOVE & SAFETY CO CALVARY CHAPEL LAKE ELSINORE CANON FINANCIAL SERVICES INC JOHN CARLSON CHEYENNE MANUFACTURING INC CITY OF BANNING CMS BUSINESS FORMS INC COAST TO COAST WIRELESS INC COMMERCIAL LANDSCAPE SUPPLY INC COMPUTER ALERT SYSTEMS INC COOK EQUIPMENT OF ORANGE INC KIRT A COURY CRAFCO INC CUTTING EDGE STAFFING INC D & SELECTRIC D & S SALES D R HORTON INC DISH NETWORK DO IT CENTER CAROLE K DONAHOE A I C P DONG QING ZHANG 10/2/2007 Warrant 092807 1 QF4 Agenda Item No 4 Page 3 of 6 SEPTEMBER 28 2007 CHECK# 92406 92407 92408 9240992412 92413 92414 92415 92416 92417 92418 92419 92420 92421 92422 92423 92424 92425 92426 92427 92428 92429 92430 92431 92432 92433 92434 92439 92440 92441 92442 92443 92444 92445 92446 92447 92448 92449 92450 92451 92452 92453 92454 92455 92456 92457 92458 92459 92460 92461 92462 92463 92464 92465 92466 92467 CITY OF LAKE ELSINORE VENDOR NAME DOWNS COMMERCIAL FUELING INC DOWNS ENERGY 03 EQUIPMENT EVMWD E G N CONSTRUCTION INC E S BABCOCK & SONS INC EILEEN S CLEANERS ELSINORE ELECTRICAL SUPPLY INC ELSINORE PIONEER LUMBER CO ELSINORE VALLEY RENTALS EMKAY INC EMPLOYMENT DEVELOPMENT DEPARTMENT ENFORCEMENT TECHNOLOGY INC ENTEMANN ROVIN CO EXCEL LANDSCAPE INC FERGUSON GROUP L L C FILARSKY & WATT L L P FORECAST HOMES INC K HOVNANIAN FRANKLIN COVEY GOLDEN OFFICE TRAILERS INC GOLDEN STATE CONCESSIONS & CATERING GO LOST AR ASPHALT PRODUCTS THE GRAPHICS COMPANY ARLINE GULBRANSEN LORENA HANCOCK HARRIS & ASSOCIATES INC HDR ENGINEERING INC HEMET FENCE CO HI WAY SAFETY INC HP EXPRESS SERVICES IMPACT PROMOTIONAL PRODUCTS INLAND EMPIRE LOCK & KEY INNOVATIVE DOCUMENT SOLUTIONS J BRIAN URTNOWSKI PC J BRIAN URTNOWSKI P C JAIME NARCISO JEFF HAUSER MOBILE WELDING JOHN DEERE LANDSCAPES KATHY PALMER KDM MERIDIAN KEVIN & DAWN BOWEN KLEIN ELECTRONICS LABOR FINDERS LAKE BUICK PONTIAC GMC INC LAKE CHEVROLET LAKE ELSINORE FLORIST & GIFTS LAURA DRZEMIECKI PRECIOUS LEE LEWIS BRISBOIS BISCAARD SMITH L L P LIBRARY SYSTEMS & SERVICES L L C LILY FONG L1NKLlNE COMMUNICATIONS INC CHARLES MACKEY JR 10/2/2007 Warrant 092807 2 OF 4 WARRANT UST AMOUNT 1067675 52181 15492 22 950 67 170 028 04 650 00 359 50 255 64 17 20 298 50 898 58 6 490 00 3734 53160 1 845 00 612931 2 095 00 1 000 00 4975 538 76 565 87 25321 8750 49291 3 944 00 10950768 48 256 64 250 00 3 370 37 839 00 5 634 53 82147 131626 4 904 75 3 825 25 2200 420 00 41853 5000 1112500 6095 11894 480 50 650 44 10808534 10359 15500 438 75 6 464 59 404786 15500 4495 2 962 50 Agenda Item No 4 Page 4 of 6 SEPTEMBER 28 2007 CITY OF LAKE ELSINORE WARRANT LIST CHECK# 92468 92469 92470 92471 92472 92473 92474 92475 92476 92477 92478 92479 92480 92481 92482 92483 92484 92485 92486 92487 92488 92489 92490 92491 92492 92493 92494 92495 92496 92497 92498 92499 92500 92501 92502 92503 92504 92505 92506 92507 92508 92509 92510 92511 92512 9251392518 92519 92520 92521 92522 92523 92524 92525 92526 92527 VENDOR NAME MAGIC VALLEY HEll ARC & MANUFACTURING INC MARK PIASCIK STEVEN MCCARTY MEMPHIS NET & TWINE CO INC L1NDAA MILLER MK ENTERPRISES MOORE FENCE COMPANY INC MORROW PLUMBING INC MORTON PEST CONTROL INC MUNISERVICES L L C NETCOMP TECHNOLOGIES INC NEWPORT BOATS NEXTEL COMMUNICATIONS NORTHERN SAFETY CO INC JAMES MARY 0 CONNOR OCB REPROGRAPHICS PACIFIC TRUCK EQUIPMENT INC PARDEE CONSTRUCTION CO PAULEY EQUIPMENT OF TEMECULA INC PETER DAWSON POLISHED IMAGE & SUPPLY POWERLAND EQUIPMENT INC GENARO & MABEL A PRATS PRESS ENTERPRISE THE PRESS ENTERPRISE MATT PRESSEY PRODUCTION VIDEO PRUDENTIAL OVERALL SUPPLY PUBLIC RELATIONS TACTICS QUAID TEMECULA HARLEY DAVIDSON QUICK CRETE PRODUCTS CORPORATION QUILL CORPORATION RIGHTWAY SITE SERVICES INC RIVCOMM L L C COUNTY OF RIVERSIDE SHERIFF ROCK & ROLL CUSTOM PAINT ANTHONY ROMERO SAN BERNARDINO COUNTY FIRE DEPARTMENT SHELBA HELUS SHERWIN WILLIAMS CO SICARD ACCESSORIES DAVID S SOLOMON SOUTHEAST CONSTRUCTION PRODUCTS SOUTHERN CALIFORNIA EDISON CO SPRINT STANDARD INSURANCE COMPANY STAPLES BUSINESS ADVANTAGE STAPLES CREDIT PLAN STAUFFERS LAWN EQUIPMENT STK ARCHITECTURE INC BOB STOVER INC TEAM AUTOAID INC TEMECULA COPIERS AMOUNT 3 057 80 8788 9600 363 20 5 550 00 367 50 286 05 11000 375 00 8 000 00 51632 228151 417466 18109 1 088 00 43311 645 45 1 843 40 15227 14397 139131 92150 1 780 00 16537 2 789 88 9600 275 00 53411 10000 4000 115077 51365 1 486 08 2 725 88 1952368 121869 200 00 300 00 5000 6462 15775 3 420 00 249 98 1444057 16110 500 48 31141 853 84 131686 956512 517500 8988 622 26 10/2/2007 Warrant 092807 3 OF 4 Agenda Item No 4 Page 5 of 6 SEPTEMBER 28 2007 CHECK# 92528 92529 92530 92531 92532 92533 92534 92535 92536 92537 92538 92539 92540 92541 92542 92543 92544 92545 92546 CITY OF LAKE ELSINORE WARRANT LIST VENDOR NAME AMOUNT 3805 266 23 2 300 00 559 83 968 80 230 00 15995 576 00 1 74000 540 00 22 494 90 450 00 9 750 00 2860 324474 441 6 337 50 9769 41376 TIME WARNER CABLE UNITED PARCEL SERVICE UNITED STATES POSTAL SERVICE VENUS PRINTING VERIZON CALIFORNIA INC VERIZON EQUIPMENT SALES & SERVICE VERIZON ONLINE VERIZON/MCI VILLAGE EQUIPMENT RENTALS INC TOM VO JR WEST COAST ARBORISTS INC WEST COAST SERVICES WINDOW CLEANING WEST COAST TURF WESTCO HOMES INC WILCOX MILLER & NELSON WOODCREST UNIFORMS WENDY WORTHEY ZEP MANUFACTURING COMPANY 2 HOT ACTIVEWEAR & UNIFORMS TOTAL PIE DATE $ 2 082 922 93 09/14/07 09/14/07 09/28/07 09/28/07 09/18/07 09/25/07 09/25/07 PAYROLL CASH PAYROLL TAXES PAYROLL CASH PAYROLL TAXES CALIFORNIA PER S CALIFORNIA PER S CALIFORNIA PER S $ 151 31409 58 784 04 135861 499 22 4874848 4 021 50 96 444 75 GRAND TOTAL $ 2 444 093 62 10/212007 Warrant 092607 40F4 Agenda Item No 4 Page 6 of 6 _J I I CITY OF ~ LAKE &LSINORf: , , 'ijltV- DREAM E;(TREME_ REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9 2007 SUBJECT INVESTMENT REPORT - JUNE 2007 DIscussion The Investment Report IS a listing of all funds Invested for the City as of the date shown on the report Recommendation Receive and file Prepared By James R Riley cfl.-/ Finance Manage'll Reviewed By Matt N presse~~ Director Of Admlnl?t;"atlve Services Approved By Robert A Bradyl1 J1jJ( City Manager f11V Agenda Item No 5 Page 1 of 30 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF JUNE 30 2007 ACTIVE ACCOUNTS BANK DEPOSITS OUTSTANG BOOK BALANCE IN TRANSIT CHECKS BALANCE $5 469 277 60 275592 81 (321531079) 2 52955962 100441 58 10044158 5129753 (38 678 93) 1261860 562101671 27559281 (3 253 989 72) 264261980 Bank of Amenca General Reconcilmg Items Bank of Amenca Payroll Total Active Accounts INVESTMENTS Local Agency Investment Fund Bank of New York Trust Sweep Account Federal Home Loan Mortgage Corp Federal Home Loan Bank Federal NatIOnal Mortgage AssocIation Sub total Investments 26 725 523 23 966 890 30 2 000 000 00 1700000000 26 725 523 23 966 890 30 2 000 000 00 1700000000 46692 413 53 46692413 53 52 263 933 24 275592 81 (3 253 989 72) (4949700) 4664291653 49285 53633 UnrealIzed Gam/ (Loss) at 6 30 07 per GASB 31 Total Investments (4949700) 4664291653 Cashier Drawers #1 & #2 City of Lake Elsmore Petty Cash Fund 30000 I 000 00 TOTAL POOLED CASH AND INVESTMENTS $49286 836 33 I certIfy that thiS report accurately reflects all pooled mvestments and It IS In conformity with the mvestment polIcy as approved by the City Council on June 26 2007 A copy of thiS pohcy IS aVaIlable III the office of the City Clerk The pooled Investments shown above provide sufficient cash flow liqUIdity to meet the next SIX months esttmated expenditures August 14 2007 Date Prep dby J RIley F anceMan g Agenda Item No 5 Page 2 of 30 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF JUNE 30 2007 FUND NO FUND NAME 100 General Fund 101 S pplem tal Law Enforcement Fund 102 Local Law E f cement Block Grant Fund 103 Offce fTraff S fety F nd 104 Traff Off nd F nd 105 M sc General Project Fund 106 Aff rdab} Hous ng In Lie Fund 107 De loper Agreement Revenue 110 Stale Gas Tax F d 112 Tran porlab Fund 115 Traff c Safety Pund 116 City Hall Pubhc Works DIF Fund 117 Commumty Center DIF Fund 118 Lake S de Facll ty DIF Fund 119 Ammal Shelter DIF Fund 120 Camm DIN rt DIF 130 L ghn g & Landscape Ma ntenance Fund 135 #1 L ghtIng & Landscape Mamtenance Fund 140 Geothennal Fund 150 CDBG Fund 201 StreetCIP F nd 204 SgnalCIP F d 205 T aff c Impact F Fund 211 StormDramCIP F nd 221 Park C I P F nd 231 LbraryCIPFnd 232 CtyFreProtectonF nd 254 AD 89 1 Ratl oad Cany Rd Imp 0 ement F nd 257 CFD 90 2 Tuscany H Us 259 CFO 90 3 Construct 0 Fund 266 CPO 2004-1 Mannt go 351 AD 87 2 Debt Serv ce Fund 352 AD 86 1 Debt SeCVlce Fund 353 AD 89 I Debt ServIce Fund 356 AD 90 I Debt SeCVlce Fund 357 CFD 2003 2 Canyon H lis 358 CFD 912 Debt Service Fund 359 CFD 90 3 Debt Serv ce Fund 360 AD 93 1 Debt Serv ce Fund 362 CPD 95 1(96 Srs E) Debt Servtce Fund 363 CFD 88 3 11997 Ser es F Debt Servtce Fund 364 CFD 88 3 III B 11997 Senes B Debt Serv ce Fund 365 CFD 98 1 SUmmerhill Imp ement fund 366 CFD 2004 1 Debt Serv ce Fund 367 CPD 2005 3 Summerly I Lamg 368 CPD 2004 2 Vista Lago 369 CFD 2004 3 Rosetta Canyon 370 CFD 2005 x Cammo Del None 371 CFD 2005 1 Seremty 372 CFD 2005 3 Alberhdl Ranch 373 CFD 2005 5 Wasson Canyon 374 CFD 2005-4 Lakevlew Villas 375 CFD 2005 1 D Clurman 376 CFD 2005 7 La Strada 377 CPO 2006-X Tessara 378 CFD 2007 X TR#31957 379 CFD 2007 X M V !lag 380 CFD 2006-9 Tuscany W 381 CFD 2006-10 Rt er LK 382 CFD 2006-9 Tn ste 383 CFD 2007 X Canyon Hills 384 CFD 2003 2 SRS 200M 385 CFD 2004 3 SRS 2006A 604 E dowment Trust F nd 605 l'ubhc Improvement Trust Pund 606 MblSouceA Pin Fund 608 Trust Depos t & Pre Pa d E pens 610 Kang roo Rat Trust Fund 611 De elope AgreementTrustFund 616 F StatIon Tru t Fund 620 Cost Recovery System Fund 650 CFD 2003 1 law &. F e Serv ce Fund 651 CFD 2006 5 Park opnSpc Total PooJed Cash & In estments AMOUNT $12 928 870 47 191 738 44 276858 50 778 04 36 425 50 400 991 45 848 098 24 1 012 739 79 1 052 766 64 1011 307 12 251 004 49 767 574 75 521 433 74 393 247 88 331313 56 3071446 (364 757 95) 2908021 16 689 54 (81 16208) (16761 92) 188751 65 3 244 976 40 6561 02972 111146479 1 126 838 07 45535631 2 332 904 33 (94 047 50) 97 571 16 78 737 65 46 499 25 36858601 358 156 96 372 966 60 649 372 18 (318 703 83) 1 858 938 59 286 784 16 1 75295001 (2801) 867 990 78 45 986 68 41 371 92 300 347 31 619200 09 27 370 83 268 199 87 708 779 56 44 993 51 43 203 30 30592 11 4 892 89 47 404 92 50 963 67 62 19264 45102 47 273 84 54 850 70 5993114 68 304 15 43 306 45 1937118 593 039 15 18846563 1 974 157 48 52 328 00 I 460 790 00 1 726 785 42 (5415136) (5 522 00) $49 286 836 33 Agenda Item No 5 Page 3 of 30 CITY OF LAKE ELSINORE INVESTMENT ACTIVITY SUMMARY FOR THE MONTH ENDING JUNE 30, 2007 Total outstandmg mvesttnents as of May 31 2007 $ 41 632 342 99 PURCHASE MA TURITYI COUPON YIELD TO DAIE CALI DATE &AlE MATURITY CQ.SI Investment Purchases FHLB 3133XLA60 06111107 06/11/10 5 500% 5 500% I 000 000 00 FHLB 3133XL5W9 06111107 06/11/10 5600% 5 6000/ I 000 000 00 FHLB 3133XLH30 06/28/07 06/28/10 5 8000/ 5800% 2 000 000 00 Total Purchases 4 000 000 00 Investtnent MatunUes Total MatunUes Investtnents Called Total Calls Net mcrease (decrease) m LAIF Net mcrease (decrease) m Sweep Account 2 000 000 00 (939 929 46) Total outstandmg mvesttnents as of June 30 2007 $ 46 692 413 53 Agenda Item No 5 Page 4 of 30 CITY OF LAKE ELSINORE QUARTERLY INVESTMENT ACTIVITY SUMMARY FOR THE QUARTER ENDING JUNE 30, 2007 Total outstandmg mvestments as of March 31 2007 $ 42 632 449 58 PURCHASE MATURITY/ COUPON YIELD TO Investment Purchases DATE CAT,1. DATE RATE MA TIJRITY COST FHLB 3133XKNWl 05/10/07 05/10/10 5 550% 5 550% 1 000 000 00 FHLB 3133XLA60 06/11107 06/11/10 5 500% 5 500% 1 000 000 00 FHLB 3133XL5W9 06/11107 06/11110 5600% 5600% 1 000 000 00 FHLB 3133XLH30 06/28/07 06/28/10 5 800% 5 800% 2 000 000 00 Total Purchases 5 000 000 00 Investment Matuntles Total Mallml1es Investments Called FHLB FHLB FHLB 3133XK5U5 3133XJNJ3 3133XK5U5 03/19/07 01/23/07 03/19/07 04/19/07 04/23/07 OS/21/07 5 550% 5 500% 5 550% 5 550% 5 500% 5 550% (285 714 29) (1 000 000 (0) (714 285 71) Total Calls (2 000 000 (0) 84281947 217 144 48 $ 46692 413 53 Net mcrease (decrease) m LAIF Net mcrease (decrease) m Sweep Account Total outstandmg mvestments as of June 30 2007 Agenda Item No 5 Page 5 of 30 ~ ;.. Eo< ~ ~ ~ ~~ 0"'''' z~:s F.a>tN ...='" ~",'" ~~~ Ol~~ <..,... 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"' .s .E ] g s ~ . oS ~ CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS AS OF JUNE 30, 2007 DESCRIPTION CURRENT PERCENTAGE BASED ON MARKET VALUE AS OF JUNE 30 2007 000% U S Treasury BIlls U S Treasury Notes 000% Federal Agency Issues FICB FFCB FLB FHLB FNMA FHLMC 000% 000% 000% 36 37% 000% 428% Banker s Acceptances 000% Certificates of Deposit 000% Negotiable Certificates of Deposits 000% Commercial Paper 000% MedIUm Term Corporate Notes 000% Repurchase Agreements 000% Reverse Repurchase Agreements 000% LAIF (Local Agency Invesllnent Fund) Current Balance 5727% Bank of New York Trust Sweep Account Current Balance 207% TOTAL 100 00% % of Portfolio Maturmg wlthm one year % of Portfolio Maturmg or Callable Wlthm one year 7002% 95 72 % MAXIMUM PERCENTAGE UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED 40 00% 25 00% 30 00% 15 00% 30 00% UNLIMITED 2000% UNLIMITED $ 26 725 523 23 UNLIMITED $ 966 890 30 no less than 25 % Agenda Item No 5 Page 12 of 30 CITY OF LAKE ELSINORE PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCmS JULY 2005 THROUGH JUNE 2007 (INCEPTION TO DATE) TOTAL % OF % OF PORTFOLIO BY AGENCY PORTFOLIO IN MONTH EECB EHLB FHLMC FNMA FEDERAL AGENCIES July 2005 000% 000% 000% 000% 000% August 2005 000% 000% 333% 000% 333% September 2005 000% 623% 312% 000% 935% October 2005 000% 1423% 285% 000% 17 08 % November 2005 000% 1882% 269% 000% 2151% December 2005 000% 2292% 286% 000% 2578% January 2006 000% 2074% 259% 000% 2333% February 2006 000% 2101 % 262% 000% 2363% March 2006 000% 20 49% 255% 000% 23 04% Apnl 2006 000% 2059% 257% 000% 23 16% May 2006 000% 1994% 249% 502% 2745% June 2006 000% 24 91 % 191 % 385% 30 67% July 2006 000% 25 26% 193% 390% 31 09% August 2006 000% 2857% 219% 441 % 35 17% September 2006 000% 26 17% 237% 477% 33 31 % October 2006 000% 2626% 238% 479% 33 43 % November 2006 000% 2469% 246% 000% 27 15 % December 2006 000% 28 04 % 254% 000% 3058% January 2007 000% 2759% 212% 000% 29 71 % February 2007 000% 26 60% 221% 000% 28 81 % March 2007 000% 3282% 468% 000% 37 50% April 2007 000% 30 05 % 473% 000% 3478% May 2007 000% 31 17% 480% 000% 35 97% June 2007 000% 3637% 428% 000% 4065% AVERAGE 000% 2223% 276% 1 11 % 26 10% Agenda Item No 5 Page 13 of 30 .... 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"''''~ ... t(j~~~gg ""NOO ~ ~"''' ;, \0-0- ~ N"'~ O'INNO- C""'I""OC""'l N'" ~ ;!; OO~ O'\C""'IOV'l ~ N N ~ N~'" M_OOM '" ~ ~ :: ,,-~ ..,.-\0- ~ - '" ,,"'~ NOO'l- ~ '" "::_'0:1" ~ ., ., ., ., ., ~~g~~ t--\OIO\Ot-- OOOt--\OM O'INNOO ;!; 00'" N~" ] ,,-~ ,,"'0 '" ~ g ., a " ZJ g ~ '- ~~ 5 .... ~ D ~~gM~ .... i CI) = ~~s~ ~ -= 0 t(j\O 10 \Ot-- =u.Qu O'I~~::ga ;:g"a"a> E~05 ;!; 00'" eo e-..9 1l ~ 0 p ~ N~" t>fn! ,,-~ ~ ~! ~ ,,"'0 .s ~ ~ "::E::E::E tl E--.E ~ .. 0 5 '" ., '" .... ===5:2 '" lil~ 8.8.8.0'.... 000 0 o~ .... ~o ~~~tI> ..l..J" aaa] ~"'o ~;;~ u.,u.,u.,~ ",0 1nni .. <~ o 0 0 = - - - g ~ ~ ~ a a a a '"'O~ j ~;;;" 0:>- _,s.s ~~ ~~~.:o'. HU tl~ .MJgJg,M ;:J !:Q1%lc;QlXl '" 11~~ u., u., b\ ~ t)t)":::'S ~~8] ::E::Ea::E ~t'g~ g S 3 S ::E::E::E::E Ui'H ggg~ ~e2~!::: - - -- t--t--t--t-- \0\0\0\0 ~ ~ ~ !i, 0. J . ~ . ~ e ~ ~ '" "0"0 ]~~] u., i:t i:t ~ u e e u u,q 1.i5 <I} '" .... ="8"8= - 0 0 ;; 'Ol%ll%l~ t;i 0\ 0'1 u o"''''~ U"'''' - - :3 ~ ~ 1 '" ~ " j 1l 8 ~ " ~ :s Agenda Item No 5 Page 29 of 30 Eo< Z ts < ~ ~~ Of;l,r-- z=:g ....Eo<M ~~;;f ~~~ <Z;;J ...;l~'" f;l,~f;l, oEo<O ;;...~rI.l Eo<~< O~ ~ ~ =: rI.l >> a- a- .s Go) U 0 .... g~~.s ::;; ::;; ::;; 0 II III 0 0 ~ "" " " '" ~ ] <:Q Ol~ ,,-0 ~'" u ~ ~ g ~ ::c o'$. -'" os "- <3 ~ Agenda Item No 5 Page 30 of 30 CITY OF ~ LAIZE 6LSINORJ: , I ~.~ DREAM EITREMF~ REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9 2007 SUBJECT CLAIMS AGAINST THE CITY Backaround Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren & Company Claims Administrators When received each claim IS logged In the City Clerk s Office and forwarded to this company for investigation After Initial review and investigation direction IS Issued to the City to take one of several actions such as rejection notification of late claim or reservation of action until further information IS obtained DIscussion The follOWing claims have been recommended for rejection by Carl Warren & Company CL# 2007 10 - Javier Vega 2007 11 - Venzon CMR Claims T P A (5 1459810 RWQ) Flscallmoact None Recommendation Reject the claims listed above and direct the City Clerk s Office to send a letter informing the claimants of the decIsion Agenda Item No 6 Page 1 of 11 Claims Against the City October 9 2007 Page 2 Reviewed by Jessica Guzma~ Office speclal~ '\] VIvian MunsorWV City Clerk Robert A BradY~ City Manager Prepared by Approved by Agenda Item No 6 Page 2 of 11 09/24/2007 14 24 IFAX OrangeFa~@CARLWARREH COM . Roy Whang 1lJ0011001 ~ '- CI August 26 2007 TO TheCltyofLakeElsmore ATTENTION JessIca Guzman, Office Speclahst RE Cllum Clmmant D/Event Rec'd Y/Office Our File Vega vg The City of Lake Elsmore J aVler Vega 515/2007 8/14/2007 S 1459736 RWQ We have received and l'CVlewed the above clmm and request that you take the act:Ion mdlcated below CLAIM REJECTION Seud a staudard reJectJou letter to the dalmaut. Please proVIde us With a copy of the notice sent, as requested above If you have any quesnons please contact the understgned Very tndy yours, CARL WARREN & COMPANY RIchard D Marque cc CJPIA w/enc Ann ExccutJve Director RECEIVED SEP 2 4 2007 CITY CLERKS OFFICE CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 770 Pbcamo ^"""'. Pia.."... CA 92870-6832 M."" POll.. 251BO Son.. Am, C 927!)9.S,110 """"~ (114) S7Z.S200 (BOIll S7U900 Pox (7'4) 96'-llm Agenda Item No 6 Page 3 of 11 CITY OF A LA~ 6LSINORE: ~ DREAM EXTREME . August 16, 2007 DWight Kunz Carl Warren & Company POBox 25180 Santa Ana CA 92799-5180 Dear Mr Kunz Enclosed for your handlmg IS a claIm received on August 14, 2007 from Javier Vega (CL #2007-10) Please keep me advised of appropnate City CouncIl ActIOn For further aSSistance, please contact me at (951) 674-3124 ext 269 Smcerely, SPECIALIST Enclosure cc City Manager 9516743124 130 S MAIN STREET LAKE ELSINORE CA 92530 WWWLAKE ElSINORE ORG Agenda Item No 6 Page 4 of 11 ~ ~ CLAIM AGAINST THE CITY OF LAKE ELSI~ORE (For Damages ersons or Personal Pro RECEIVED AUG 1 4 2007 CITY CLERKS OFFICE (TuneIDate Received) A claun must be filed WIth the CIty Clerk of the CIty of Lake Elsmore w~m six (6) months after the mCldent or event occurred Be sure your clalDl IS agams! the CIty of Lake Elsmore not ~ther pubhc entity Where space IS msufficlent please use addItional paper and Idenl11}r mfonnatlon by paragraph num~ Completed c1alDls must be mmled or dehvered to the CIty Clerk CIty of Lake Elsmore 130 South Mam Street, Lake Elsmore California 92530 I I TO THE HONORABLE MAYOR AND CITY COUNCn., CITY OF LAKE ELSINORE, CALIFORNIA I The undersIgned respectfully submits the followmg claim and mformatlon relative to damage to persons andlor personal property NAME OF CLAIMANT a b Phone No d SOCial Secunty N e: Dnvers LIC NO__ I Name post office address and telephone to which claImant desuts notIces to be sent, If other than the above 2 Occurrence or event from Whl~'S c1aun ames Date6~/OS/67 I I bl Twe ~l.J.f- too tOWl UJ $YDQ.t/";/4-V ~ ~ t'$/S I ~c:. ~~:fl- h.hJ!} 1,...;7' How and under what CtrC1lmsllmces dId damage or mj~ occur? $pect1}r 1he parllcuJar occurrence event act or OMission y u clalDl caused the mJury or damage jse addll10nal paper Ifnecessary) 5 3 a e Place (Exact and specIfic loeatlon) q rJlJ Sl )J"'YO"f& t) N"" L""kL. /J,qy k d Ag~::mrl::l ItlOm Nn R Page 5 of 11 ~ 4 I I Were there any m}uJles at the lunc of thIs accIdent? If not, state l'No mjUfleS I rJo ; f\j ~ ()Vle~ S 5 GIVe the name(s) of the CIty employee(s) causmg the damage orlmjury 6 Name and address of any person mjUfed I I I C<; e 4 :1 Total amount clauned $ BasIs for computatIon of amounts clauned (Include COI'l s or all bIlls InVOICes, estunates etc) r I I I I 'T"\-~A c-{/~ J S.J, h'-<o/J.-ec! 7 Name and address of the owner of any damaged propetty 8 Damages claImed a b c d Amount clauned as of thIS date EstImated amount of future costs 9 Names and addresses of all wItnesses hospItals doctors etc a --- ~ u .. f ;Jf/y!lJ1J ,<:;'mrf1 c 64mm~ ~l"-' IJa..-,I'I.S I Any addItional mformatlon that mIght be helpful m consldermg tins claIm b~ 10 CLAIMANT S SIGNATURE WARNING IT IS A CRIMlNALOFFENSE TO FILE A FALSE clJAlM' (penal code 72nnsurance Code 556 J) I I have read the matters and statements made m the above claIm and I knO~ the same to be !rue of my own knowledge except as to those matters state upon mformallon or beltef as to such matters I be leve the same to be true I cendy under penalty of perjury that the foregomg IS TRUE AND CORRECT SIGNED THIS DAY OF 20tif- A T~GI." J4) Ye- . CALIFORNIA I I I I A~..., /' t/~ Agenda Item No 6 Page 6 of 11 To whom lt may concern My name lS JaVIer Vega I m a volunteer for our local ~l:1onal soccer league On Saturdays we hold soccer games from 8 ooam to 1 45pni After our last game people where putting there ltems away: I, was puttmg our goals away m to the contamer The contamer m the park lS about 200 yards away from the Pllrkmg lot As I connnue puttmg our eqUlpment away I I heard people screammg I nonce we where haVIng a smallltwlster At th1s tlme I nonced that the wmds were blowmg hard enough to were th~ trash contamer started rollmg down the parkmg lot and ended up slllmmmg mto my dnvers Slde doors of my 1998 Honda accord, causmg slgnificant dents and damagmg the pamt When I approached my vehicle editor Allyson Sffilth was at the ~, takmg plctures of the car and slle was kInd enough to e mall them to me I have attacjed coples of the plctureS I would appreciate your cooperab.on m helpmg me repair mYlvehicle Date ofmcldent 5/05/2007 Smcerely JaVler Vega Agenda Item No 6 Page 7 of 11 TO Page 1 of 1 Jessica Guzman From Whang Roy [rwhang@carlwarren com] Sent Monday September 24 2007 2 25 PM To Jessica Guzman Subject Venzon claim rejection TO The City of Lake ElsInore ATTENTION Jessica Guzman Office Specialist RE ClaIm ClaImant D/Event Rec d Y /Office Our FIle Venzon vs City of Lake ElsInore Venzon - CMR ClaIrns 7/10/07 8/22/07 S 1459810 RWQ We have reviewed the above captIoned claim and request that you take the actIOn Indicated below · CLAIM REJECTION Send a standard rejectIon letter to the claImant Please proVide us WIth a copy of the notIce sent as requested above If you have any questions please contact the undefSlgned Very truly yours CARL WARREN & COMPANY Roy Whang cc CJPIA Attn ExecutIve DIrector RECEIVED SEP 2 4 2007 CITY CLERKS OFFICE 9/24/2007 Agenda Item No 6 Page 8 of 11 CITY OF ~ LAI(f: 6LSINO~ , I V DREAM EXTREME August 17, 2007 DwIght Kunz Carl Warren & Company POBox 25180 Santa Ana CA 92799-5180 Dear Mr Kunz Enclosed for your handlmg IS a clarm received on August 17, 2007 from Venzon-CMR Clarms T P A (CL #2007-11) Please keep me advised of appropnate City Council ActIOn For further assistance, please contact me at (951) 674-3124 ext 269 SS A GUZMAN, CITY OF LAKE ELSINORE Enclosure CC City Manager 9516743124 130 S MAIN STREET LAKE ELSINORE CA 92530 WWWlAKE ELSINORE ORG Agenda Item No 6 Page 9 of 11 JeA 120" tQ.cuN#C rPZ01 (lo3 7 RECEIVED AUG 1 7 2007 CLAIM AGAINST THE LAKE ELSINORE r Personal Prope ) CITY CLERKS OFFICE (TlIDe/Date ReceIved) A claIm must be filed WIth the CIty Clerk of the City of Lake ElslIlore WlthlD SIX (6) months after the mCldent or event occurred Be sure your claIm IS agamst the City of Lake Elsmore not another pubhc enhty Where space IS 1I1sufficlent please use addll10nal paper and Idenhl)' !DfonnahOn by paragraph number Completed c1auns must be maJled or delivered to the CIty Clerk CIty of Lake ElslDore 130 South Mam Street, Lake ElslDore Cahfomla, 92530 TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSJNORE, CALIFORNIA The undersIgned respectfully submits the followmg claun and mfonnatlon relatIve to damage to persons andlor personal property (\ NAMEOFCLAIMANT L)Pr, 7 {)(j-C-QJ..i2 \ (('21/1'1.3 T f? 14- a Address ofClaunant (0)5 AJ CYC!3SeIl 6/ lief, /.Jt<!.a.L'ldVltCl ~~ C/l( 'l~/O(P , b Phone No ~ ,~Q \ - YJ:SF e2cf- '63.'d.&c Date oOMh J..J J 14 d Social Security No fi I( A: e Drivers Llc No ,IJ 1ft 2 Name post office address and telephone to whIch claunant deSIres nohces to be sent If other than the above UnR 00ri'Yv\?> -r. P.fL-PO ~{a)f7qJ).k/Qkalr>>O CJ+~(Ok 731'10 , Occurrence or event from WhICh thIS claun arISes a Date -J ~ 1 (J - ';)...l()'"7 b Time 10/ A- Place (ExllCl and specific 10calton)A0 ,rdSS t==roYVI t g",CSS I 7 ~re+ \ Qor::l'\.. (':'.. A1J(U\LH.. d,.- (Z<>clo,ufl/I J La.,u 'f:1.t::.lrore. /Cfi / c d How and under what Cll'cumstances dId d;rmage or lDJU!')' occur? SpeCIl)' the paltlcu);rr occurrence event act or OmiSSIOn you claun caused the IDJUfy or danJage (use addmonal paper Ifnecessary) Em.p{O)'.Pe5t':)~ ~J'\y1-\s 0+ -\-kQ 01-ry ~ ~~J3:IV1CJr/ lllber--\-- tAl, ~G. ,Ii's. lfJc... dC'J..t'lAf!PoJ n. rJ.pJ', eC'1 Vl SO .004 t- ~tAf,d O-ahlp IAJI,Il~(O -!ten(l,l,5+b, (~)CA-D-e r Un D,' e What particular acl10n by the City of Its employees caused the alleged damage O( mjury? TrPl1(' J.1.1Y Ay"hdCiII"1I1 r~u 6 Page 10 of 11 4 Were there any IDjunes at the tune of this accident? Ifnot, s~ 'No IDjunes 100 I f\j L4'1e... 'S 5 Give the name(s) of the City employee(s) causmg the damage ot mJUIy -1i ~~ tv [:x;u;\S 6 Name and address of any person mjured tAl/A 7 Name angj1ddj:ess of the owner of any damaged property lIe- (' t?' on .I A/ Pr 8 Damages claimed a Amount clanned as of thiS date $,1AA.4~'P Il'1A.ltH.cQ e..l *u. s + J vi. b EstImated amount of future costs $1 c Total amount churned $ d BasIS for computatIOn of amounts clauned (Include cOPIes of all bills inVOICes estunates etc) fef\J1V p'q+/ fU~ / .::FflvO, (iQ 9 Names and addresses of all wItnesses hospitals doctors, etc c 10 ~ny addltIona!.!nformat1on thatmlW bthelpJUI !1l!;Q!!S1dwngJlus.claun. _ Y\OfU o. ULu-s i 1I'l-1.. JI. WARNING IT IS A CRIMINAL OFF!;:NSJ;: TO FILE A FALSE CLAIM' (penal code nflnsurance Code 556 I) I have read the matters and statements made m the above claltn and I knoY( the same to be true of my own knowledge except as to those matters state upon mformatlon orbebefas to such matters I belIeve the same to be true I cemty under penalty of pelJury that the foregomg IS TRUE AND CORRECT SIGNED TIllS J '7;-fh.. DAY OF fll--l9 .20.Q}ZAT~"r'l< a. C.l~ :k/~ ~;,' fU.1j,- ~'~~(/{L<,U;~~ C6<fR: Agenda Item No 6 Page 11 of 11 CITY OF ~ LAlU 6LSINORI: \. I Y DRFAM E,l(TREMEm REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9, 2007 SUBJECT PURCHASE ORDER FOR CONTRACT PLAN CHECK SERVICES FOR FISCAL YEAR 07/08 Backaround When new construction plans are submitted for Structural Plan Check they must be reviewed to make sure they comply with all applicable codes and requirements In order to expedite the Plan Check process reduce cost and Improve customer service the City of Lake Elsinore contracts for these services through an outside agency This proVides for a more consistent and effiCient approval process for the applicant DIscussion The City of Lake ElSinore currently has Professional Services contracts with four different agencies that can provide Plan Checking and Personnel services Scott Fazekas and Associates has been the main provider of Plan Check services to the City of Lake ElSinore for the past twenty years They are very familiar with our City requirements and are able to provide a professional and consistent service In a very timely fashion Fiscal Impact There IS no fiscal Impact to the City of Lake ElSinore as all plan check fees are paid for by the applicant as part of their development process The plan check agency receives a percentage (70%) of the plan check fees received by the City Recommendation Authorize the City Manager to approve a Purchase Order In the amount of $150000 for Scott Fazekas and ASSOCiates to provide plan check services for fiscal year 07/08 ThiS amount was budgeted for In the 07/08 Building DIVISion ProfeSSional Services account Agenda Item No 7 Page 1 of 2 ~ Purchase Order October 9 2007 Page 2 Prepared by Approved by oy..u Robin K Chipman 1-' BUilding and Safety Manager Robert A Brady City Manager Agenda Item No 7 Page 2 of 2 CITY OF ~ LAKE ,6,LSINORt: ?;:..e:? DREAM E,XTREME* REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9 2007 SUBJECT APPROVAL OF FINAL MAP NO 32077 Backaround At their regularly scheduled meeting of June 28 2005 the City Council received and approved a request by La Strada Partners LLC for Tentative Tract Map No 32077 This project consists of approximately 57 99 acres located at the westerly end of La Strada Road In Tuscany Hills The tract map proposes one hundred twenty eight (128) residential lots with nine (9) lettered lots for streets and utility purposes DISCuSSion Staff has reviewed the Final Map and finds It In substantial conformance to Tentative Tract Map No 32077 and that all Conditions of Approval relative to the Final Map approval have been completed Flscallmoact None Recommendations 1 Approve Final Map No 32077 subject to the City Engineer's 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 32077 Agenda Item No 8 Page 1 of 3 Final Map 32077 October 09 2007 Page 2 Prepared by Approved by Ken A Seumalo ~ Director of Public Works Robert A Brady nJ ~ City Manager ~l- Attachment VICInity Map Agenda Item No 8 Page 2 of 3 ~ LAKE 6LSINORJ;: ~ DREAM E)ITREME ~ " / " " "- I \ // Yr- -~ " r !~ll=--'\ ~\I I ~t =- L ~I~ c, r .. PONTE SONATA " III 111.->' J I ~'/ ~~ . y t....,;; ~ r 1,,- r-........ ....'" ,,4> "'" I~,iid!~; ~k~ ,,' ..... '" ...... ....y,( '/ --~-~~- "- ~ ......-w ...._ "- LA STRADA '::, ~( ~;/ I : I 1 I -~~ ( l' t~ ~I'd- I \ \~ \\ I~' I \~ '0 \O't\ t"'" I 1<" \'!;. \~,'O,.. " >$ ,\. """'>p 'Q "- \ \ 'e. \~ /' 'tl'> /':0 /-{ ~ I I " \ ,'- \\\;/ /, / ,,,- (~; I ::: \ /' ,I, //"" \\.';>'0 ~~ \ / I /'11/ /):s< ~\ I" ~'\/ \;(;: / rt~l \ ' ,/",, ,\\' \\ '~~I 1 ___< '* / ~ \ \ x~ , I '"' 'TELLO I"" / \~ '\ ~ \V~!- ....-\ \~ I(~ ~ ~\----'( I \ \ .. 'i ~'> \ j I \'" 1\\ ~/ \ ~, \' L"< \ r-- /\.-;i'-/\"'b'" I ::! r " / \..7~ \ 'e /' I ~ / ~~ %, I 'y J "\ J!~)''J.~~ / ~\ i C \ - I ~ 'c,'" V / 7' I \ ....0... 'I ",,,,,,,,/'\ \ I I '\~ (~-,,'y O~1 \ / +0'- ;)(C:" \ '1-",> / I /" >>"<"~""]I 1'1 '\, ~ \ "' ~ \"" / i \ "I \ / ). \ '" - I II 1 I ~~" '- I (/ I Iii, I "'~;/ / / "''' \ ~ ) it-/ Il\'>'/ / ....~.<" coY \ \I\~-\ I "<'~/,,- "// ",,,,f;:!" \\ \! " X ~ // J~'" ! / /' / IP I I I I \ ~ I I' ~ /IVss.,Q_ II \\ \ \ ~-, ) 1 \' t-C~~",\ t. \ 1YOri/ ~ ~\\ \\%.' I 7. \'>' ~\ I f \? \~\ \:~ ~ \~\ \~ ~ Ii~ \) ,- \) J \ \\') FINAL MAP 32077 CITY COUNCIL CITY OF LAKE ELSINORE OCTOBER 9 2007 "- '.... N Bas mappreparedby I City fLak Elsnore Em::IneennoO In Agenda Item No 8 Page 3 of 3 CITY OF ~ LAKE ,O,LSINORf: ~.r DREAM E;(TREMEN REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9 2007 SUBJECT ADVANCED LIFE SUPPORT CARDIAC MONITOR REPLACEMENT Backaround Each paramedic engine company In the City IS equipped with a cardiac mOnitor! defibrillator as part of ItS advanced life support equipment here In after referred to as cardiac mOnltor(s) As with all flrefightlng and EMS equipment cardiac monitors need to be replaced on an Interval baSIS It IS recommended the replacement cycle be every five years There are baSically two reasons for this One IS use and age The other IS new technology Two of our three cardiac mOnitors are qUickly approaching the five year mark New technology provides for mOnitoring of oxygen and carbon dioxide levels which aids In oxygen administration and endotracheal intubation tube placement The first two cardiac mOnitors purchased were placed In service In 2003 on MediC Engine 10 and MediC Engine 85 The third cardiac mOnitor was placed In service In 2005 on MediC Engine 94 DISCUSSion Zoll from whom the fire department purchases cardiac monitors Will take the 2003 cardiac mOnitors as a trade In creating substantial savings on the new equipment cost We do not have a backup cardiac monitor which IS deSirable In the case a front line Unit goes out of service We will keep the 2005 cardiac mOnitor as a backup This Unit can also be used when staffing special events FlscallmDact This purchase Will be funded by the AMR fine revenues collected and remitted to the City The cost IS estimated at $38 935 46 Agenda Item No 9 Page 1 of 4 Cardiac Monitors October 9 2007 Page 2 Recommendation Approve the purchase of three cardiac monitors for $38 935 46 to be funded with AMR fine revenues Prepared by Approved by Jerry Hendershot Fire Chief Robert A Brady City Manager Agenda Item No 9 Page 2 of 4 ZOLLo "_MoBlil..~ ,....".. ~~ ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford Massachusetts 01824-4105 (978) 421 9655 Main (800) 348 9011 (978) 421 0015 Telefax ",- --- o RIVerside County Fire Station #94 22770 Railroad Canyon Road Lake Elsinore CA 92530 tn Jonah Winger QUOTATION 4834 V 2 DATE September 05 2007 all lanah wlnaertli)flre ca aoy I 951 245-2185 TERMS Net 30 Days FOB Shipping Pomt Freight: Prepay and Add :M MODEL NUMBER DESCRIPTION aTY UNIT PRICE DISC PRICE TOTAL PRICE 50201330010124013 E Senes AClS Manual OelibnlJator with AdVJSOry 3 $21 185 00 $15253 00 $45 759 00 capalHrdy Sp02 ( comes wdh EtC02 pori) with reusable sensor and 4 cable, 12_ with l""",p pallen! cable and Nonlnvaswe Pacing Includes AC Power PrInter Protocol AssIst Code Mar1<eJs GPS Clock Auto Sync TnMode DIsplay 3-lead ECG pabent cable umvellllll cable ready for one (1) SurePower'" Rechargeable LJtIuum Ion Battery with buill In AC Charger ordered separately RS232 data transfer port RoD Cage and Rapid Cable Daployment System orRuaaed SOllPack Carrv ('.ass AC power cord 1 Z' AC power extensoon cord one package of recorder paper two PC Card aIots Operato(s Manual and standard one (1) year walT8nty for EMS use I B050 0030 01 SurePower'" Charging Slallon 2 $219500 $158000 $316000 4 Chargmg bays Mulllple chemistry COmpatible 200 watt capaCIty GraphIC dnven user Interlace RS 232 communlC8bOn port I B050 0030 01 Sure Power" Charging Slallon 1 $2, 195 00 No Charge No Charge 4 Charging bays Mulllple chemistry compahble 200 wan capacrty GraphIC dnven user Interlace RS 232 communlcabOn port I B019 0535 01 Sure Power'" Rechargeable UIhIum Ion BaIl8ry Pack 9 $450 00 $324 00 $291600 5 8 Ah Capaaty High denSity bthlum IOn chemiStry RunTime'" Indicator Automabc cabbrabOn ready Stores hIStory of use and maintenance , B778 0173 EMS M Senes E Senes and CCT 4 Year Exten_ 3 $374000 No Charge No Charge Warranty 3+ Opbons I quote IS made subject to ZOLL s standard commercial terms and conditIons (ZOLL T s + C s) whIch f!!m..1 Subtotal $51 835 00 ompany this quote Any purchase order (P 0 ) Issued In response to this quotation will be deemed to >rporate ZOLL rs + C s Any modification of the ZOLL rs + C s must be set forth or referenced In the tomer s P 0 No commercial terms or conditions shall apply to the sale of goods or ServICeS governed hIS quote and the customer 8 P 0 untesa set forth In or referenced by either document. DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER PRICES WILL BE FOB SHIPPING POINT WARRANTY PERIOD (See above AND Attachment) PRICES QUOTED ARE FIRM FOR 60 DAYS APPLICABLE TAX & FREIGHT CHARGES ADDITIONAL ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL PURCHASE ORDERS TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015 ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS PLEASE PROVIDE A COPY OF OR REFERENCE TO YOUR QUOTATION NUMBER WITH PURCHASE Calhenne Prophet Terntory Manager BOO 242 9150 x9570 P nQ" Agenda Item No 9 Page 3 of 4 ~ ZOLl. --- ~'An~ ZOLL Medical Corporation WorldwIde HeadQuarters 269 MIll Rd Chelmsford Massachusetts 01824 4105 (978) 421 9655 Main (800) 348 9011 (978) 421 0015 Telefax AA r....... .~_......~ ,,- o Riverside County Fire StatIon #94 22770 Railroad Canyon Road Lake Elsinore CA 92530 tn Jonah Winger QUOTATION 4834 V 2 DATE September 05 2007 all lonah wlnaer!lDfire ca aov I 951 245-2185 TERMS Net 30 Days FOB ShIpping POint FreIght: Prepay and Add :II MODEL NUMBER DESCRIP110N QTY UNIT PRICE DISC PRICE TOTAL PRICE I 4001 9909 ZOll M Series B,phaslc wlPaclng + 1 opllon and 12 2 ($6 500 00) ($1300000) - LD Trade-In senal" T03F47840 T03F48166 8050 9901 4><4 Trade In 3 ($900 00) ($2 700 00) - ""Trade In Value vaDd If aD UMs purchased are rn good operational and cosmelJc condihon and rnclude aD standard accessones such as paddles cables ete CUstomer assumes responsibddy for s/uppong trade-<n equopment to ZOll Chebnsford within eo days of reoelpt of new equipment Customer agrees to pay cash value for trade-rn equipment not shipped to ZOlL on a bmely baSIS Reflects RIverside County Contract PrIcing -Reflects discount pricing quote ts made ubJect to ZOLL landa d comme c al term nd condition (ZOLL T' + C ) wh h TOTAL $3613500 ompany thiS quote Any purchase order (P 0 ) Issued In response to thiS quotation Will be deemed to )rporate ZOLL 1'8 + C s Any modification of the ZOLL 1'8 + C s must be set forth or referenced In the tomer S P 0 No commerCial terms or conditions shall apply to the sale of goods or services governed hiS quote and the customer . P 0 unless set forth In or refelenced by edher document. pt.u,s '/A)C DELIVERY WILL BE MADE 6().9() DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER PRICES WILL BE FOB SHIPPING POINT WARRANTY PERIOD (See above AND AtIlIchment) PRICES QUOTED ARE FIRM FOR 60 DAYS APPLICABLE TAX & FREIGHT CHARGES ADDITIONAL ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOll PURCHASE ORDERS TO BE FAXED TO ZOll CUSTOMER SERVICE AT 978-421.0015 ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS PLEASE PROVIDE A COPY OF OR REFERENCE TO YOUR QUOTATION NUMBER WITH PURCHASE <> ~? Cathenne Prophet Territory Manager 8002429150 x9570 Agenda Item No 9 Page 4 of 4 CITY OF ~ LA~ ,6ILSINORJ: '?t,.-- DREAM E;(TREMEN REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9 2007 SUBJECT 2007 - 2008 CDBG SUPPLEMENTAL AGREEMENT Backaround The City Council on June 26 2007 approved a staff recommendation for Community Development Block Grant (CDBG) allocation of $200 000 and an additional allocation of $36587 for a total of $236 587 Based on the agenda report 85% or $31 099 of the additional allocation was allocated to public works projects and the balance of 15% or $5488 was for public services The Supplemental Agreement received from Riverside County dated September 9 2007 reflects the entire 15% additional allocation for public services was allocated to public works projects Instead of public services Staff contacted the County and Inquired about the funding allocation changes and County staff confirmed the total additional allocation must be allocated to public works projects DISCUSSion Upon Council s approval staff Will forward the agreement to the County The County Will return an executed agreement with an authorization to Incur cost to the City The executed Supplement Agreement IS due to the Riverside County no later than October 25 2007 Agenda Item No 10 Page 1 of 36 2007 - 2008 CDBG SUPPLEMENTAL AGREEMENT October 9 2007 Page 2 Fiscal Impact Based on Supplemental Agreement received from Riverside County the allocation was approved as follows City Allocation County Approved 1 LE 01 07 1 LE 02 07 o 05 07 o 10 07 o 11 07 Lakepolnt Park Play EqUipment Replacement Dangerous Structures Abatement & Clearance A D V Outreach The Learning Connection Helping Our People In Elsinore Inc (H 0 P E ) $126099 $ 75 000 $ 5 000 $ 12744 $ 17744 $131 587 $ 75 000 $ 5 000 $ 10000 $ 15000 $ 236 587 $236 587 Recommendation Approve the 2007 2008 CDBG allocation as outlined In the fiscal Impact section of thiS report and authOrize the Mayor to sign the agreement Ray Gonzales ~ Director of Parks and Recreation Robert A Brady n d1 City Manager \LdlP Prepared by Approved by Attachment Agenda Item No 10 Page 2 of 36 FIle 1 LE 01 07 -1 LE 0207 005 07 01007 011 07 1 2 3 4 5 The COUNTY OF RIVERSIDE of the State of Cahforrua, herem called COUNTY SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 6 and the CITY OF LAKE ELSINORE herem called "CITY mutually agree as follows 7 GENERAL COUNTY and CITY have executed a CooperatIOn Agreement dated I 8 July 12 2005 whereby CITY elected to participate With COUNTY whIch has qualified as an 9 Urban County for purposes of recelVlng Commumty Development Block Grant (CDBG) 10 funds and to asSiSt and undertake essentIal community development and housmg assistance II activItIes pursuant to the Housmg and Community Development Act of 1974 as amended 12 heremafter referred to as Act SaId CooperatIon Agreement dated July 12 2005 IS I3 mcorporated herem by reference and made a part of thiS Agreement as If each and every 14 provlSlon was set forth herem 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PURPOSE CITY promises and agrees to undertake and assist WIth the 2 commuruty development activItIes Wlthm Its JUrIsdictIon by utIlIzmg the sum of $236,587 CDBG EntItlement Funds as specifically Identified m Exhibits ABC D and E are attached hereto and by thiS reference are mcorporated herem for the projects I LE 01 07 Lakepomt Park Plav EqUIPment Replacement. $131.587 1 LE 02 07 Dan!!erous Structures Abatement and Clearance. $75.000 1 05-07 Alternatives to Domestic VIOlence Outreach. 5.000 110 07 The Learnm!! Connection. $10.000 111 07 Helpm!! Our People m Elsmore. Inc ill 0 P E ). $15.000 3 TERM OF AGREEMENT The term of thiS Agreement for the projects shall be for a penod of one (1) year from July 1 2007 to June 30 2008 and proceed COllSlstent WIth the completIOn schedule set forth m Exhibits ABC D and E In the event that the projects are not substantIally completed by the tIme set forth m the completIOn schedule due to unforeseen or uncontrollable causes the COUNTY may consider extendmg the schedule for the Page 1019 Agenda Item 0 10 Page of 36 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 completIOn of the project Times of performance for other activIties may also be extended m wrltmg by COUNTY If substantial progress toward completion In conformance With the completIOn schedule as determmed by COUNTY of the projects are not made dUring the term of the Supplemental Agreement COUNTY may suspend or termmate thiS agreement by the procedures set forth m the SectIOn titled TermmatlOn of thiS agreement and the entitlement funds associated With the projects may be reprogrammed by COUNTY after appropnate notice IS given 4 DISPOSITION OF FUNDS COUNTY s Board of Supervisors shall determme the final dispOSitIOn and dlstnbutlOn of all funds received by COUNTY under the Act consistent With the provIsions of Paragraphs 2 and 3 of thiS Agreement COUNTY through ItS economic Development Agency shall make payment of the grant funds to CITY as deSignated m Exhibits ABC D and E It IS the CITY s responsibIlity to momtor all project activIties of Exhibits A BCD and E to ensure comphance With apphcable federal regulatIOns and the terms of thiS Agreement CITY shall comply With timely drawdown of funds by submlttmg monthly requests for reimbursement All disbursements of grant funds Will be on a reimbursement basiS and made wlthm thirty (30) days after the CITY has submitted ItS letter Identlfymg payments and documentatIOn winch supports expendltJJres All authonzed obhgatlOns mcurred m the performance of the Agreement for projects ehglble under the followmg regulatIOns must be reported to COUNTY no later than by June 13. 2008 a Pubhc Services [24 CFR 570 201 (e)] b AcqulSltlOn [24 CFR 570 201 (a)] c Clearance ActlVltles [24 CFR 570 201 (d)] d Intenm ASSistance [24 CFR 570201 (f)] e Code Enforcement [24 CFR 570 202 (c)] All other ehglble activIties under thiS Agreement must be Implemented completed and obhgatlOns reported by the CITY no later than the completIOn schedules set forth m the Exhibits to thiS Agreement Page 2 019 Agenda Item 0 10 Page of36 1 The COUNTY wIll directly manage and momtor projects Identtfled In ExhIbIts C D and 2 E These projects have been determined to be Count) Wide receIVing grant fundmg from 3 multiple SOlUces therefOle these projects wIll be managed and momtored by the COUNTY 4 5 COOPERATION WIlli HOUSING ACTIVITIES CITY shall cooperate WIth 5 COUNTY In undertakIng essential communIty development and hOUSIng assIstance actIvIties 6 specJflcally urban renewal and publIc asSiStance hOUSing and shall asSISt COUNTY In carrymg 7 out Its StrategIc Plan of the ConsolIdated Plan and other reqUirements of the Commumty 8 Development Block Grant Program 9 6 LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA 10 ENVIRONMENTAL OUALITY ACT (CEOA) Pursuant to Section 15051(d) of TItle 14 of the 11 CalIfornIa Admmlstratlve Code CITY IS deSIgnated as the lead agency for the projects that are 12 the subject matter of this Agreement 13 7 HOLD HARMLESS AND INDEMNIFICATION CITY shall comply WIth all 14 applIcable laws rules and regulatIOns and shall mdemmfy save and hold harmless COUNTY 15 and Its agency members and theIr respective agents servants and employees of and from any and 16 all lIabIlIties cIlums debt damages demands SUitS actIOns and causes of actIOn of whatsoever 17 kmd nature or sort mcludmg but not by way of IIrmtatlon wrongful death expenses of the 18 defense of smd partIes and the payment of attorney s fees arISIng out of or m any manner 19 connected WIth the performance by CITY under thIS Agreement 20 21 8 RECORDS AND INSPECTIONS a CITY shall establIsh and mmntam records In accordance WIth 24 CFR Part 22 570 Part 850MB CIrcular A 87 and 24 CFR 91 105 as applIcable and as they relate to the 23 acceptance and use offederal funds under thIS Agreement 24 b CITY shall mamtam a separate account for CDBG EntItlement funds 25 receIved as set forth In ExhIbits (A BCD and E) 26 c CITY shall dunng the normal busmess hours make avaIlable to 27 COUNTY the US Department ofHousmg and Urban Development (HUD) or other authonzed 28 representative for the examInatIOn and copYIng all of Its records and other matenals WIth respect Page 3 019 Agenda Item 0 10 Page 5 of 36 1 to matters covered by tIns Agreement 2 d CITY shall not retam any program mcome as defined m SectIOn 570 500 3 of Title 24 of tlie Federal Code of Regulations Said program mcome shall be used only for tlie 4 actlVltles tliat are the subject of tlilS Agreement Further all proVlS\ons of tlilS Agreement shall 5 apply to such activities 6 e The CITY shall ensure that at least fifty one percent (51%) of the persons 7 benefitmg from all CDSO funded activIties or projects deSignated as servmg limited clientele 8 [570208(a)(2)(I)] are of low and moderate mcome and meet tlie program mcome gUidelines 9 attached as Exhibits (A S C D and E) The CITY must provide the reqUired mcome 10 certificatIOn and direct benefit documentatIOn 11 9 FEDERAL REOUlREMENTS CITY shall comply wltli all applicable federal 12 state and local laws regulatIOns and ordinances and any amendments tliereto and tlie federal 13 regulations and guidelines now or hereafter enacted pursuant to tlie Act More particularly 14 CITY IS to comply Wltli tliose regulations found m Part 85 and Part 570 of Title 24 of tlie Code 15 of Federal Regulations CITY IS to comply With OMS Circular A 87 or any subsequent 16 replacement CITY IS to abide by tlie provIsions of tlie Commumty Development Slock Orant 17 Manual prepared by COUNTY and Cited m tlie above mentioned Cooperation Agreement 18 CITY Will comply Wltli Section 3 of tlie Housmg & Urban Development Act of 1968 as 19 amended attached hereto as Exhibit S CITY Will comply With tlie proVISIOns of 24 CFR Part 20 570200 (J) attached as Exhibit R, perta1mng to Inherently religIOUS activIties 21 10 INDEPENDENT CONTRACTOR CITY and Its agents servants and employees 22 shall act at all times m an mdependent capaCity dunng tlie term of tIns Agreement and shall not 23 act as shall not be nor shall tliey m any manner be construed to be agents officers or employees 24 of the COUNTY 25 26 11 TERMINATION a CITY CITY may not termmate tlilS Agreement except upon express 27 wntten consent of COUNTY 28 b COUNTY Notwltlistandmg tlie prOVISIOns of Paragraph lla COUNTY Page 4 of9 Agenda Item 0 10 Page of36 1 may suspend or terminate tIllS Agreement upon wntten notice to CITY of actIOn bemg taken and 2 the reason for such actIOn 3 (1) In the event CITY fails to perform the covenants herem contaIned 4 at such times and m such manner as provided m tlus Agreement and 5 (2) In the event there IS a conflict With any federal state or local law 6 ordmance regulatIOn or rule rendenng any of the provIsions of thiS Agreement mvahd or 7 untenable or 8 (3) In the event the fundmg from the DepartInent of Housmg and 9 Urban Development referred to m Paragraphs I and 2 above IS termmated or otherwise becomes 10 unaVailable 11 c Upon suspensIOn of thiS Agreement CITY agrees to retIim any 12 unencumbered funds which It has been provided by COUNTY In acceptmg said funds 13 COUNTY does not waive any claim or cause of actIOn It may have agamst CITY for breach of 14 thiS Agreement 15 16 d ReverSIOn of Assets 1 Upon expiration of thiS Agreement, the SPONSOR shall transfer to 17 the COUNTY any CDBG funds on hand at the time of expiration of the Agreement as well as 18 any accounts receivable held by SPONSOR which are attnbutable to the use of CDBG funds 19 awarded pursuant to thiS Agreement 20 2 Any real property under the SPONSOR S control that was 21 acqUired or Improved m whole or m part With CDBG funds (mcludmg CDBG funds proVided to 22 the SPONSOR m the form of a loan) m excess of $25 000 IS either 23 (I) Used to meet one of the NatIonal Objectives m Sec 24 570208 untIl five years after expiratIOn of thiS agreement or for such longer penod of tIme as 25 determmed to be appropnate by the COUNTY or 26 (u) Not used m accordance With SectIOn (I) above m which 27 event the SPONSOR shall pay to the COUNTY an amount equal to the current market value of 28 the property less any portIOn of the value attnbutable to expenditures of non CDBG funds for the Page 5 of 9 Agenda Item 0 10 Page of 36 I acqUisItion of or Improvement to the property 2 12 NONDISCRIMINA nON CITY shall abide by SectIOns 570601 and 570602 of 3 Title 24 of the Federal Code of RegulatIOns whICh reqUIres that no person m the United States 4 shall on the grounds of race color natIOnal ongm or sex be excluded from partiCipatIOn m be 5 denied the benefits of or be subjected to dlscnmmatlon under any program or actIVIty funded m 6 whole or m part With Community Development funds 7 8 13 PROHIBITION AGAINST CONFLICTS OF INTEREST a CITY and Its assigns employees agents consultants officers and elected 9 and appomted offiCIals shall become famJiIar WIth and shall comply WIth the CDBG regulatIOns 10 prolubltmg conflicts of mterest contamed m 24 CFR 570611 attached hereto as Exhibit CI II and by thiS reference mcorporated herem 12 b CITY and ItS asSignS employees agents consultants officers and elected 13 and appomted offiCials shall become familIar With and shall comply WIth SectIOn A 11 of the 14 County s CDBG PolIcy manual attached hereto as Exhibit CI and by thIS reference 15 mcorporated herem 16 c CITY understands and agrees that no Waiver of exceptIOn can be granted 17 to the prohibitIOn agaInst COnfliCt of mterest except upon wntten approval of HUD pursuant to 18 24 CFR 570611 (d) Any request by CITY for an exception shall first be reViewed by 19 COUNTY to determme whether such request IS appropnate for submiSSIOn to HUD In 20 detennmmg whether such request IS appropnate for submiSSIOn to HUD COUNTY WIll conSider 21 thefactors lIsted m 24 CFR 570 611 (e) 22 d Pnor to any fundmg under thiS Agreement CITY shall prOVide COUNTY 23 With a lIst of all employees agents consultants officers and elected and appomted offiCials who 24 are 10 a pOSitIOn to participate 10 a deCISion makmg process exercise any functIOns or 25 responSibilIties or gam mSlde mformatIOn With respect to the CDBG activIties funded under thiS 26 Agreement CITY shall also promptly disclose to COUNTY any potential conflict mcludmg 27 even the appearance of conflict that may arise WIth respect to the CDBG activIties funded under 28 thiS Agreement Page 6 of 9 Agenda Item 0 10 Page 8 of 36 1 2 3 4 5 6 7 8 9 Any vIOlation of thiS section shall be deemed a matenal breach of thiS e Agreement and the Agreement shall be Immediately terminated by the COUNTY 14 PROJECT ELIGIBILITY As to CITY or ItS claimants COUNTY shall bear no liability for any later determinatIOn by the Umted States Government the Departlnent of Housing and Urban Development or any other person or entity that CITY IS or IS not eligible under 24 CFR Part 570 to receive CDBG funds 15 USE OF PROPERTY Whenever federal CDBG funds or program mcome are used In whole or In part for the purchase of eqUipment or personal property the property shall not be transferred from ItS ongmally funded use by CITY or subreclplent for a penod of five (5) 10 years from the close out date of the grant from whICh CDBG assistance was provided The 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CITY shall maintain a current Inventory for COUNTY momtonng and review 16 EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT CITY agrees to notify and to reqUire any lessee or assignee to notify RIverSide County Workforce Development Center of any and all Job opemngs that are caused by thiS project 17 PUBLICITY Any pubhclty generated by CITY for the project funded pursuant to tins Agreement during the term of thIS Agreement WIll make reference to the ContributIOn of the County of RIverSide the Economic Development Agency and the Commumty Development Block Grant Program In making the project pOSSible 18 PROGRAM MONITORING AND EVALUATION CITY and ItS subreclplents shall be momtored and evaluated In terms of ItS effectiveness and timely comphance WIth the proVISIOns of thiS Agreement and the effective and effiCient achievement of the Program Objectives Quarterly reports shall be due on the last day of the month Immediately follOWIng the end of the quarter being reported The quarterly wntten reports shall Include but shall not be hmlted to the follOWing data elements Title of program hstlng of components descnptlOn of a 26 activIties/operatIOns 27 b The projected goals indicated numencally and also the goals achieved 28 (for each report penod) In addition Identify by percentage and descnptlon the progress Page 7 019 Agenda Item 0 10 Page of 36 1 achIeved towards meetmg the specified goals and Identtfy any problems encountered m meetmg 2 goals 3 c If the CDBG funded ACtlVlty meets a NatIonal ObJecttve under 24 CFR 4 570208 (a)(2)(I) CITYwtll report the followmg 5 1) Total number of duect beneficlanes (chentele served) WIth 6 household mcomes at 7 . Above 80% MHI 8 . Between 50% and 80% MHI (Low Income) 9 . Between 30% and 50% MHI (Very Low Income) 10 . Less than 30% MHI (Extremely Low Income) 11 2) Total number and percent (%) of the chentele served that have 12 household mcomes at or below 80% MHI 13 14 3) 4) RaCIal ethmclty of chentele Number of Female Headed Households 15 CITY and Its subreclplents shall report beneficIary StatlSttCS monthly to EDA on the pre 16 approved DIrect Benefit Form and Self CertificatIOn Form (certlfymg mcome famIly SIze and 17 raCIal ethmclty) as reqUIred by HUD Updated forms are to be provIded to CITY by EDA should 18 HUD Implement changes durmg the term ofthts agreement 19 CITY and subreclplents WIll collect and provIde all necessary data reqUIred by HUD 20 pertammg to the SpecIfic Outcome IndIcators as Identtfied m the CPD Outcome Performance 21 Measurement System 22 19 ENTIRE AGREEMENT It IS expressly agreed that thIS Agreement together WIth 23 the cooperatIOn Agreement between the partIes embodIes the entIre agreement of the partIes m 24 relatIOn to the subject matter thereof and that no other Agreement or understandmg verbal or 25 otherwIse relattve to thts subject matter eXIsts between the partIes at the ttme of executton 26 20 MINISTERIAL ACTS The ASSIstant County ExecutIve Officer/EDA or 27 deslgnee(s) are authonzed to take such mmlstenal actIOns as may be necessary or appropnate to 28 Implement the terms provlSlons and condItIOns of thIS Agreement as It may be amended from Page 8 019 Agenda Item 0 10 Page 1 of 36 I time to time by COUNTY 2 21 PRIOR AUTHORIZA nON CITY shall obtam COUNTY s written approval 3 from the Economic Development Agency pnor to Implementing the followmg high nsk 4 actlVltles funded With CDBG assistance 5 6 7 8 9 10 ConstructIOn of public faCilities (project plans and specificatIOns) AcqulSltlOn of real property a b c Hlstonc PreservatIOn d Relocation and e Economic Development 22 MODIFICA nON OF AGREEMENT This Agreement may be modified or II amended only by a writIng signed by the duly authonzed and empowered representative of 12 COUNTY and CITY respectively 13 14 DATED 15 16 COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE 17 18 19 20 21 22 23 24 25 26 27 28 Deputy Director By Mayor By SH JT SS SJ ,. '" L r-f T <::t 1 l lI:lr2 f)..,..(. (l Page 9 of 9 Agenda Item 0 10 Page 11 of 36 EXHIBIT A Page I of6 File No I LE 01 07 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK - NON PUBLIC SERVICE I GENERAL INFORMATION CITY NAME City of T.oke El "lnore ADDRESS 110 ~ Mom ~tr""t Lake Elsmore CA 92530 PROGRAM CONTACTS Claudia DavIs Parks and Recreation Analyst PHONE (951) 6743124 E MAIL FAX (951)4711418 PROJECT NAME Lakepomt Park Plav EquIPment Replacement PROJECT LOCATION Lakepomt Park 420 E Lakeshore Dnve LEVEL OF ENVIRONMENTAL CLEARANCE Categoncal ExclUSion 24 CFR 5835 CDBG ELIGffilLITY CODE Pubhc Faclhty 570 20 I (c) PROJECT FUNDING SUMMARY City Fundmg $ 13 I 587 PrOject to be admmlstered by County (EDA) on behalf of City YES D NO [gJ II SCOPE OF SERVICE A ActivIties City Will be responsible for admmlstermg a 2007 2008 Commumty Development Block Grant for the Lakepomt Park Play EqUIpment Replacement m a manner satisfactory to the County of Riverside and consistent With any standards reqUired as a condition of provldmg these funds Such program wIll mclude the followmg activIties ehglble under the Community Development Block Grant program ActiVity #1 The elt) of Lake Elsmore WIll use CDBG fund~ for the deSIgn and constl1JUlOn of pal k Improvements mdud/l1b ADA and ')tate accL\\lh"lfj \tandard~ Agenda Item No 10 Page 12 of 36 EXHIBIT A Page 2 of 6 FileNo 1LE0107 B NatIonal ObjectIve All activIties funded with CDBG funds must comply with one of more of the CDBG program s National Objective Cntena as reqUired under 24 CFR 570200(a)(2) City certifies that the actlVltY(les) carned out under this Agreement will meet the followmg NatIOnal Objective NatIOnal Objective Cntena 570208 (a)(1)(I) CFR Reference Low Mod Area C Levels of Accomplishment - Goals and Performance Measures The City agrees to Implement and complete the followmg activity (Ies) Activity #1 Design and construct play eqUlpmentlsurfacmg to zone reqUirements ActIVIty #2 Update eqUipment to ADA compliance CPD OUTCOME PERFORMANCE MEASUREMENT ObjectIves (select one) IZI Creatmg SUitable Llvmg EnVlrorunents D Provldmg Decent Affordable Housmg D Creatmg Economic Opportunities Outcome (select one) D Availability/Accessibility D Affordabllity IZI Sustamabllity (promoting livable or Viable communities) D CIty CapacIty By executing thiS Supplemental Agreement the City certIfies that It has the appropnate number of tramed and knowledgeable staff adequate facilities proper eqUipment reqUired licenslllg and permlttmg and suffiCient amount of financial resources necessary to Implement and carry out the actIVIties funded With CDBG funds CIty will Immediately notify County of any slgmficant changes m organizational management asSigned staff change m faCIlIties loss or change III matchmg funds or any other event that could potentially Impact the City or subreclplent s performance under thiS Agreement Any changes III the above Items are subject to the pnor approval of the County Agenda Item No 10 Page 13 of 36 EXHIBIT A Page 3 of6 File No I LE 01 07 E Performance Momtormg The County of RIverside will morutor the performance of the City and Its subreclplents agamst goals and performance standards as stated above Substandard performance as determmed by the County will conslItute noncomplIance With thiS Agreement If action to correct such substandard performance IS not taken by the City wlthm a reasonable period of time after bemg notified by the County contract suspensIOn or termmatlOn procedures will be mllIated F Program Budget It IS expressly agreed and understood that the total amount to be paid by the County under thiS Agreement shall not exceed $131.587 Drawdowns for the payment of eligible expenses shall be made agamst the Ime Item budgets specified m thiS SectIOn and m accordance With performance Payments may be contmgent upon certdicalIon of the Subreclplent s financial management system m accordance With the standards specified m 24 CFR 84 21 The County may reqUire a more detailed budget breakdown than the one contamed herem, and the City shall provide such supplementary budget mformatlOn m a timely fashIOn m the form and content preSCribed by the County Any amendments to the budget must be approved m wrltmg by both the County and City Lme Item Amount Deslgn/Engmeermg Costs $ 31 587 Project AdmmlstratlOn Costs ConstructIOn Costs 100 000 AcqUiSItion Costs RelocatIOn Costs Capital EqUipment Costs Code Enforcement Clearance Interim ASSistance Other TOTAL CDBG BUDGET $ 131 587 Agenda Item No 10 Page 14 of 36 EXHIBIT A Page 4 of6 FileNo I LEOI 07 III ADMINISTRATIVE REQUIREMENTS A AccountIng Standards The City agrees to comply With 24 CFR 84 or 85 as applIcable and agrees to adhere to the accountIng pnnclples and procedures reqUired therem utilIze adequate mternal controls and maIntam necessary source documentatIOn for all costs mcurred B Cost Pnnclples The City shall admlmster Its program In conformance With OMB Circulars A 122 Cost Pnnclples for Non Profit Orgamzatlons A 21 Cost Pnnclples for Educational InstitutIOns or OMB Circular A 87 Cost Prmclples for State Local and Indian Tnbal Governments as applIcable These pnnclples shall be applIed for all costs Incurred whether charged on a direct or Indirect baSIS C DocumentatIOn and Record Keepmg I Records to be MaIntamed The Subreclplent shall mamtam all records requIred by the Federal regulatIOns speCified m 24 CFR 570 506 that are pertment to the actiVItIes to be funded under thiS Agreement Such records shall Include but not be lImited to I Records provldmg a full descnptlOn of each actIvity undertaken 11 Records demonstratIng that each actlVlty undertaken meets one of the NatIOnal Objectives of the CDBG program III Records reqUired to determIne the elIgibilIty of activItIes IV Records reqUired to document the acquIsItIon Improvement, use or dispOSitIOn of real property acqUIred or Improved With CDBG assistance v Records documentmg complIance With the fair housmg and equal OppOrtunity components of the CDBG program VI FmancIaI records as reqUIred by 24 CFR 570502 and 24 CFR 8421-28 and V11 Other records necessary to document complIance With Subpart K of 24 CFR Part 570 2 Records RetentIOn The City shall retam all finanCial records supportmg documents statistIcal records and all other records pertInent to the Agreement for a penod of five (5) years The retentIOn penod begms on the date of the submiSSIOn of the County s armual performance and evaluatIOn report to HUD m which the activItIes aSSisted under the Agreement are reported on for the final tIme Notwlthstandmg the above If there IS lItigatIOn claims Agenda Item No 10 Page 15 of 36 EXHIBIT A Page 5 of6 FileNo 1 LEOl 07 audits negotiations or other actIOns that mvolve any of the records cited and that have started before the eXpiratIOn of the five year penod then such records must be retamed until completIOn of the actIOns and resolutIOn of all Issues or the expiration of the five year penod whichever occurs later 3 Client Data The City shall mamtam client data demonstratmg client eligibility for services provided Such data shall mclude but not be limited to client name address mcome level or other basiS for determmmg eligibility and descnptlOn of service provided Such mformatlOn shall be made available to County momtors or their deSignees for review upon request 4 Disclosure The City understands that client mfonnatlon collected under thiS contract IS pnvate and the use or disclosure of such mfonnatlon when not directly connected With the admmlstratlon of the County s or City s responsibilities With respect to services proVided under thiS contract IS prohibited by applicable federal and State law unless wntten consent IS obtamed from such person recelvmg service and m the case of a mmor that of a responsible parent/guardian 5 Close outs The City s obligatIOn to the County shall not end until all close out reqUirements are completed ActiVIties dunng thiS close out penod shall mclude but are not limited to makmg final payments dlsposmg of program assets (mcludmg the return of all unused matenals eqUipment unspent cash advances program mcome balances and accounts receivable to the County) and detennmmg the custodlanslnp of records Not Wlthstandmg the foregomg the tenns of t1us Agreement shall remam m effect dunng any penod that the City has control over CDBG funds mcludmg program mcome 6 Audits & InspectIOns All City records With respect to any matters covered by thiS Agreement shall be made available to the County HUD and the Comptroller General of the Umted States or any of their authonzed representatives at any time dunng nonnal busmess hours as often as deemed necessary to audit examme and make excerpts or transcnpts of all relevant data Any defiCienCies noted m audit reports must be fully cleared by the City wlthm 30 days after receipt by the City Failure of the City to comply With the above audit reqUirements Will constitute a VIOlatIOn of thiS contract and may result m the wlthholdmg of future payments The City hereby agrees to have an annual agency audit conducted m accordance With current County policy concernmg subreclplent audits and OMB Circular A 133 Agenda Item No 10 Page 16 of 36 EXHIBIT A Page 6 of 6 File No 1 LE 01 07 IV PROJECT IMPLEMENTATION AND SCHEDULE Unless pre approved by County City will perform and complete the actlVltles descnbed 10 SectIOn II 10 conformance with the schedule of tasks and milestones listed below Tasks / Milestone Start Date CompletIOn Date Attend Mandatory Cooperatmg City Trammg July 2007 July 2007 Implement Project ActiVIties Execute Supplemental Agreement & Notice to Incur Cost Upon Notlfkatlon from EDA August 2007 September 2007 Tasks / Milestone Start Date CompletIOn Date Submit Quarterly Performance Reports to County October 15 2007 January 15 2008 Apnl 15 2008 July 31 2008 County Momtormg of City PrograrnlPerformance To be determmcd by ProgI'lm Manager Specific Project ActivIties To be determmcd by Program Manager City Submits Reimbursement Requests Monthly Submittal 0 Other Schedule ~ September 30, 2007 May 30, 2008 Tune 30 2008 CDBG funded Project Complete City Submits Monthly Direct Benefit Reports Upon Notification by r::DA V SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS City must obtam prior approval from EDA fOl all wnstructlOn acllvltle~ S\CDBG\07-08CDBGM T I.. g\CtyLak El re\ILE01-07Lkp PrkPlyEq pm Rplcem \Ehb Adoc Agenda Item No 10 Page 17 of 36 EXHIBIT B Page I of6 File No I LE 02 07 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK - NON PUBLIC SERVICE I GENERAL INFORMATION CITY NAME CIty of T ,R ke EI smore ADDRESS 110 S MRm S!r",,! Lake Elsmore CA 92530 PROGRAM CONTACTS ClaudIa DavIs Parks and RecreatIOn Analyst FAX (951)471 1418 PROJECT NAME Dangerous Structures Abatement and Clearance PROJECT LOCATION City of Lake ElSinore LEVEL OF ENVIRONMENTAL CLEARANCE Program AdministratIOn (EXEMPT) DemolitIon/Clearance TBD CDBG ELIGIBILITY CODE Clearance 570 201 PROJECT FUNDING SUMMARY City Fundmg $75 000 PrOject to be admmlstered by County (EDA) on behalf of City YES 0 NO ~ II SCOPE OF SERVICE A ActiVItIes CIty Will be responsible for admlmstermg a 2007 2008 Commumty Development Block Grant for the Dangerous Structures Abatement and Clearance m a manner satIsfactory to the County of RIverside and conSIstent With any standards reqUired as a condIl1on ofprovldmg these funds Such program Will melude the followmg actIVItIes eligIble under the Commumty Development Block Grant program ActlVlty #1 The CIty of Lake El~lIlOl e IHIl ule CDBG jimd.1 fin COltl al>~owlted 111th the abatLment d, moiltlon and cILaranLC of dangelou\ It I Llcture\ IdLntlfied In targeted 101<1 Income anas of the (lly Agenda Item No 10 Page 18 of 36 EXHIBIT B Page 2 of 6 File No I LE 02 07 B National Objective All actlVltles funded with CDBG funds must comply WIth one of more of the CDBG program s NatIOnal Objective Cntena as reqUlred under 24 CFR 570200(a)(2) City certifies that the actlVltY(les) carned out under thiS Agreement will meet the followmg NatiOnal Objective NatiOnal Objective Cntena 570208 (a)(l )(1) CFR Reference Low Mod Area C Levels of Accomplishment - Goals and Performance Measures The City agrees to Implement and complete the followlllg actlVlty (Ies) ActiVity # I Abatement demolitIOn and clearance of dangerous structures With code VIOlatIOns to benefit low and moderate mcome reSidents CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one) 0 Creatmg SUltable LlVlng EnVironments o Provldmg Decent Affordable Housmg o Creatmg Economic Opportunities Outcome (select one) 0 AVailability/Accessibility o Affordabllity o SustaJnabllity (promotmg livable or Viable commumhes) D City Capacity By executmg thiS Supplemental Agreement the City certifies that It has the appropnate number of tramed and knowledgeable staff adequate faCilities proper eqUlpment reqUlred Iicensmg and penmttmg and suffiCient amount of finanCial resources necessary to Implement and carry out the actlVltles funded With CDBG funds City Will Immediately notify County of any slgmficant changes m orgamzatlOnal management assigned staff change III facJlltles loss or change III matchmg funds or any other event that could potentially Impact the City or subreclplent s performance under thiS Agreement Any changes m the above Items are subject to the pnor approval ofthe County Agenda Item No 10 Page 19 of 36 EXHIBIT B Page 3 of6 File No I LE 02 07 E Performance Momtormg The County of Riverside will momtor the performance of the City and ItS subreclplents agamst goals and performance standards as stated above Substandard performance as determmed by the County Will constitute noncompliance wIth this Agreement If actIOn to correct such substandard performance IS not taken by the City wlthm a reasonable penod of time after bemg notified by the County contract suspensIOn or termmatlon procedures Will be mltlated F Program Budget It IS expressly agreed and understood that the total amount to be paid by the County under thiS Agreement shall not exceed $75.000 Drawdowns for the payment of eligible expenses shall be made agamst the Ime Item budgets speCified m thiS SectIOn and m accordance With performance Payments may be contmgent upon certificatIOn of the Subreclplent s finanCial management system m accordance With the standards speCified m 24 CFR 84 21 The County may reqillre a more detailed budget breakdown than the one contamed herem and the City shall prOVide such supplementary budget mformatlOn m a timely fashIOn m the form and content prescnbed by the County Any amendments to the budget must be approved m wntmg by both the County and City Lme Item Amount Deslgn/Engmeenng Costs $ Project AdmmlstratlOn Costs Construction Costs Acqillsltlon Costs RelocatIOn Costs Capital Eqillpment Costs Code Enforcement Clearance 75 000 Intenm ASSistance Other TOTAL CDBG BUDGET $ 75 000 Agenda Item No 10 Page 20 of 36 EXHIBIT B Page 4 of 6 File No I LE 02 07 III ADMINISTRATIVE REQUIREMENTS A Accountmg Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accountmg prmclples and procedures reqUired therem utilize adequate mternal controls and mamtam necessary source documentatIOn for all costs mcurred B Cost Pnnclples The City shall admmlster Its program m conformance With OMB Circulars A 122 Cost PnnClples for Non Profit OrganizatIOns A 21 Cost Pnnclples for Educational Institutions or OMB Circular A 87 Cost Pnnclples for State Local and Indian Tnbal Governments as applicable These pnnclples shall be appbed for all costs mcurred whether charged on a direct or mdlrect basiS C Documentation and Record Keepmg 1 Records to be Mamtamed The Subreclplent shall mamtam all records reqUired by the Federal regulatIOns specified m 24 CFR 570 506 that are pertment to the actlVltles to be funded under thiS Agreement Such records shall mclude but not be limited to I Records provldmg a full descnptlOn of each activity undertaken 11 Records demonstratmg that each activity undertaken meets one of the NatIOnal Objectives of the CDBG program III Records reqUired to determme the eligibility of activities IV Records reqUired to document the acquIsItion Improvement use or dispOSItion of real property acqUIred or unproved With CDBG assistance v Records documenting compliance WIth the farr housmg and equal opportunity components of the CDBG program VI Fmanclal records as requued by 24 CFR 570 502 and 24 CFR 84 21-28 and V11 Other records necessary to document compliance With Subpart K of 24 CFR Part 570 2 Records Retention The City shall retam all financial records supportmg documents statistical records and all other records pertment to the Agreement for a penod of five (5) years The retention penod begms on the date of the submiSSion of the County s annual performance and evaluatIOn report to HUD III which the activIties assisted under the Agreement are reported on for the final time Notwlthstandmg the above Ifthere IS litigatIOn claims Agenda Item No 10 Page 21 of 36 EXHIBIT B Page 5 of 6 File No I LE 02 07 audits negohatlOns or other achons that mvolve any of the records cited and that have started before the eXpiratIOn of the five year penod then such records must be retamed unal completion of the actIOns and resolutIOn of all Issues or the eXpiratIOn of the five year penod whichever occurs later 3 Chent Data The City shall mamtam chent data demonstratmg chent ehglblhty for services provided Such data shall mclude but not be hmlted to chent name address mcome level or other baSIS for determmmg ehglblhty and descnptlOn of service provided Such mformatlOn shall be made available to County momtors or their deSignees for review upon request 4 Disclosure The City understands that chent InformatIOn collected under tlns contract IS pnvate and the use or disclosure of such mformatlOn when not directly connected With the admmlstratlOn of the County s or City s responsibIlities with respect to services provided under thiS contract IS prohibited by apphcable federal and State law unless wntten consent IS obtamed from such person receIVIng serVIce and m the case of a mmor that of a responsible parent/guardian 5 Close outs The City s obhgatlOn to the County shall not end until all close out reqUirements are completed ActIVIties durmg thiS close out penod shall mclude but are not hmlted to makmg final payments dlsposmg of program assets (Includmg the return of all unused matenals eqUipment unspent cash advances program mcome balances and accounts receivable to the County) and determlmng the custodianship of records Not WIthstandIng the foregomg the terms of thiS Agreement shall remam m effect durIng any penod that the City has control over CDBG funds mcludIng program mcome 6 Audits & InspectIOns All City records With respect to any matters covered by thiS Agreement shall be made available to the County HUD and the Comptroller General of the Umted States or any of then authonzed representatives at any hme dunng normal busmess hours as often as deemed necessary to audit examme and make excerpts or transcnpts of all relevant data Any defiCienCies noted In audit reports must be fully cleared by the City wlthm 30 days after receipt by the City Failure of the City to comply With the above audit reqUirements WIll constitute a VIOlatIOn of thiS contract and may result In the wlthholdmg of future payments The City hereby agrees to have an armual agency audit conducted m accordance With current County policy concermng subreClplent audits and OMB Cncular A 133 Agenda Item No 10 Page 22 of 36 EXHIBIT B Page 6 of6 FIle No 1 LE 02 07 IV PROJECT IMPLEMENTATION AND SCHEDULE Unless pre approved by County City wIll perform and complete the actlVltles descnbed m SectIOn II m conformance With the schedule of tasks and mIlestones listed below Tasks / Milestone Start Date CompletIon Date Attend Mandatory Cooperatmg City Trammg July 2007 July 2007 Implement Project ActiVItIes Execute Supplemental Agreement & Notice to Incur Cost Upon NotlficdtIon horn EDA August 2007 September 2007 Tasks / MIlestone Start Date CompletIOn Date Submit Quarterly Performance Reports to County October 15 2007 January 15 2008 Apnl15 2008 July 31 2008 County Momtonng of City Prograrn/Performance To be detelmmed by Program Manager Specific Project ActlVltles To be detemlll1ed by Program M'lnaber City Submits Reimbursement Requests Monthly Submittal D Other Schedule [gJ CDBO funded Project Complete City Submits Monthly Direct Benefit Reports September 30, 2007 May 30, 2008 June 30 2008 Upon NotificatIOn b) EDA V SPECIAL CONDITIONS /PERFORMANCE REQlliREMENTS Cll) must obtam pnor EDA approval for any CDBG funded demohllon or clearance S\CDBG\0708CDBGM Track g\C yL k EI ore\ILE02-07D g 011 Sru re$Ab m dOura \E hb Bdoc Agenda Item No 10 Page 23 of 36 EXHIBIT C Page 1 of2 File No 0 05 07 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I GENERAL INFORMATION CITY NAME CIty of Lake Elsmore ADDRESS 130 S Mam Street Lake Elsmore CA 92530 CITY PROGRAM CONTACTS Claudia DavIs Parks and RecreatIOn Analyst SUBRECIPIENT NAME Alternatives to Domestic VIOlence ADDRESS PO Box 910 Riverside CA 92502 PROGRAM CONTACT ElIza Danlely Woolfolk Executive Director FAX (951) 3201381 PROJECT NAME Alternatives to Domestic VIOlence Outreach PROJECT LOCA nON Shelter address undIsclosed for clIent protectIOn LEVEL OF ENVIRONMENTAL CLEARANCE EXEMPT [24 CFR 58 34 (a)(4)) CDBG ELIGIBILITY CODE 24 CFR 570 201 (e) PublIc ServIces PROJECT FUNDING SUMMARY $5000 PrOject to be admInIstered by County (EDA) on behalf of CITY YES ~ NO 0 II SCOPE OF SERVICE A ActiVItIes CIty Will be responsible for admmlstenng a 2007 2008 Community Development Block Grant for the Alternatives to Domestic VIOlence Outreach m a manner satIsfactory to the County of RIverSide and consistent WIth any standards reqUIred as a conditIOn of provldmg these funds Such program Will mclude the followmg actIvItIes elIgIble under the Commumty Development Block Grant program Agenda Item No 10 Page 24 of 36 EXHIBIT C Page 2 of2 File No 0 05 07 Activity #1 Alternat/1l(,~ to Domotle VlOlwGG outreach ~GrHCO offer~ wumdmg (mdnldual/group) to dlUltl liho an Involved In dome we VIOIWGG Thll prohram M desIgned 10 foutr long term ~df WJfklU1CY CDBG fund.I }lIll be u~ed (or wlane~/llLnefit~ consultant fee~ I wt !ltllltles and othel nlated operatIOnal costs B NatIOnal Objective All actiVItIes funded WIth CDBG funds must comply with one of more of the CDBG program s NatIOnal Objective Cntena as reqUired under 24 CFR 570200(a)(2) CITY certifies that the actIVIty (Ies) carned out under thiS Agreement will meet the followmg National ObjectIve NatIOnal ObjectIve Cntena 570208 (a)(2)(I)(B) CFR Reference Low Mod Limited Clientele Income CertIficatIOn Agenda Item No 10 Page 25 of 36 EXHIBIT D Page I of2 File No 01007 CDBGSUPPLEMENTALAGREEMENT SCOPE OF WORK - PUBLIC SERVICE I GENERAL INFORMATION CITY NAME City of Lake Elsmore 130 S Mam Street Lake Elsinore CA 92530 ADDRESS CITY PROGRAM CONTACTS Claudia DavIs Parks and RecreatIOn Analyst SUBRECIPIENT NAME Boys & Guls Clubs of Southwest County ADDRESS PO Box 892349 Temecula CA 92589 PROGRAM CONTACT Kathleen Smith Director ofFmance FAX PROJECT NAME The Learmn!! ConnectIOn PROJECT LOCATION 40550 Cal Oaks Rd. Mumeta 3711 NIChols Rd Lake ElSinore. 28790 PUjol Temecula LEVEL OF ENVIRONMENTAL CLEARANCE EXEMPT [24 CFR 58 34 (a)(4)] CDBG ELIGIBILITY CODE 24 CFR 570 201 (e) Pubhc Services PROJECT FUNDING SUMMARY $ 10000 PrOject to be admInistered by County (EDA) on behalf of CITY YES IZI NO D II SCOPE OF SERVICE A ActIVItIes City will be responsible for admmlstenng a 2007 2008 Commumty Development Block Grant for the The Learnmg ConnectIon In a marmer satisfactory to the County of R1verslde and consistent With any standards reqUired as a condition of providing these funds Such program will mclude the following activIties ehglble under the Commumty Development Block Grant program Agenda Item No 10 Page 26 of 36 EXHIBIT D Page 2 of2 File No 01007 Activity #1 ThG Bo} \ & Gull Club pniVldG I before and ajte, Ichool pilIp amI to under IGrvGd youth In C:;Outh14G It Rzvell/de County <..-DBC) fundI 14zll be uled fcJr program SGholar5hzps for dig/bIG youth (gradG5 1 8) B NatIonal ObjectIve All activIties funded with CDBG funds must comply with one of more of the CDBG program s NatIOnal Objective Cntena as reqUired under 24 CFR 570200(a)(2) CITY certifies that the activity (Ies) carned out under this Agreement Will meet the followmg NatIOnal Objective NatIOnal Objective Cntena 570208 (a)(2)(I)(B) CFR Reference Low Mod Limited Chentele Income CertificatIOn Agenda Item No 10 Page 27 of 36 EXHIBIT E Page I of2 File No 0 II 07 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I GENERAL INFORMATION CITY NAME City of Lake Elsmore ADDRESS 130 S Mam Street Lake Elsmore CA 92530 CITY PROGRAM CONTACTS ClaudIa DavIs Parks and RecreatIOn Analyst SUBRECIPIENT NAME Helpmg Our People m Elsinore Inc (H 0 P E ) ADDRESS 29885 Second St Umt R Lake Elsinore CA 92532 PROGRAM CONTACT Beverly Mumphrey Program Manager FAX (951) 245 7405 PROJECT NAME Helpmg: Our People m Elsmore. Inc (H 0 P E ) PROJECT LOCA nON 29885 Second St 1 Jmt R, I,ake Elsmore, CA 92532 LEVEL OF ENVIRONMENTAL CLEARANCE EXEMPT [24 CFR 58 34 (a)(4)] CDBG ELIGIBILITY CODE 24 CFR 570 201 (e) Pubhc ServIces PROJECT FUNDING SUMMARY $15000 PrOject to be admlDlstered by County (EDA) on behalf of CITY YES ~ NO 0 II SCOPE OF SERVICE A ActIVIties City will be responsible for admmlstenng a 2007 2008 CommunIty Development Block Grant for the Helpmg Our People m Elsmore, Inc (H 0 P E ) m a marmer satIsfactory to the County of RIversIde and consIstent WIth any standards reqUIred as a condItion of provldmg these funds Such program will mclude the followmg actIvIties ehglble under the Commuruty Development Block Grant program Agenda Item No 10 Page 28 of 36 EXHIBIT E Page 2 of2 File No 0 11 07 ActIVIty #1 H 0 I' E pr01/dl.-1 fhne mwl~ per day /0 dlJ;/hle chen/ell.- (DBG fundI 11 iiI he 1l\ed to pay rent UflllflCl andjiiod pw ehall.-I B NatIOnal ObjectIve All activIties funded with CDSO funds must comply With one of more of the CDBO program s National Objective Cntena as reqUired under 24 CFR 570200(a)(2) CITY certifies that the actIVIty (Ies) carned out under thiS Agreement will meet the followmg NatIOnal Objective NatIOnal Objective Cntena 570208 (a)(2)(I)(B) CFR Reference Low Mod Limited Chentele Income CertificatIOn Agenda Item No 10 Page 29 of 36 Prolu.b1tlOn Agamst COnfliCts ofInterest EXHIBIT CI page I of 4 ~ 570 611 Conflict of mterest (a) ApplIcabilIty (1) In the procurement of supplIes eqUIpment constructIOn and services by recipients and by subreclplents (mcludmg those specified at ~ 570 204(c)) the conflict ofmterest provIsIOns 10 24 CFR 8536 and OMS Circular A 110 respectively shall apply (2) In all cases not governed by 24 CFR 8536 and OMS CIrcular A 110 the provIsions of thiS sectIOn shall apply Such cases mclude the acquISItIOn and dispOSItion of real property and the prOVISion of assistance by the recipIent by Its subreclplents or to mdlVlduals busmesses and other pnvate entities under elIgIble activIties which authonze such assistance (e g rehabIlItatIOn preservatIOn and other Improvements of pnvate propertIes or facIlItIes pursuant to ~ 570 202 or grants loans and other assIstance to busmesses mdlvlduals and other pnvate entities pursuant to ~ 570 203 ~ 570204 or ~ 570455) (b) Conflicts prohIbited Except for the use of COSG funds to pay salanes and other related adrmmstratlve or personnel costs the general rule IS that no persons descnbed 10 paragraph ( c) of thIS sectIOn who exercise or have exercised any functIOns or responsIbIlIties WIth respect to COSG activIties assIsted under thIS part or who are 10 a posItion to participate 10 a deCISIon makIng process or gam mSlde mformatlOn WIth regard to such activIties may obtalO a personal or finanCIal mterest or benefit from a COSG assIsted activity or have an mterest 10 any contract subcontract or agreement With respect thereto or the proceeds thereunder eIther for themselves or those WIth whom they have famIly or busmess ties dunng their tenure or for one year thereafter For the UOAG program the above restnctlOns shall apply to all activItIes that are a part of the UOAG project and shall cover any such mterest or benefit durmg or at any time after such person s tenure (c) Persons covered The conflict of mterest prOVISions of paragraph (b) of thiS section apply to any person who IS an employee agent consultant officer or elected offiCial or appomted offiCial of the recIpIent or of any deSignated publIc agencIes or subreclplents which are recelvmg funds under tills part (d) ExceptIOns threshold reqUIrements Upon the written request of the reCipient HUO may grant an exception to the provIsions of paragraph (b) of thiS sectIOn on a case by case basiS when It determmes that such an exception WIll serve to further the purposes of the Act and the effective and effiCient admmlstratlOn of the recipient s program or project An exceptIOn may be conSidered only after the recipient has prOVided the follOWIng (1) A disclosure of the nature of the conflict accompanied by an assurance that there has been publIc disclosure of the conflICt and a descnptlon of how the publIc disclosure was made and (2) An opmlOn of the reCipient s attorney that the mterest for which the exceptIOn IS sought would not Violate State or local law Agenda Item No 10 Page 30 of 36 Prohibition Against COnflicts ofInterest EXHIBIT CI. page 2 of 4 (e) Factors to be considered for exceptions In deterrmrung whether to grant a requested exception after the recipient has satlsfactonly met the reqUIrements of paragraph (d) of t1us section HUD shall consider the cumulative effect of the following factors where applIcable (1) Whether the exception would provide a slgmficant cost benefit or an essential degree of expertise to the program or project which would otherwIse not be available (2) Whether an opportunity was proVided for open competitive blddmg or negotiation (3) Whether the person affected IS a member of a group or class of low or moderate Income persons Intended to be the beneficIanes of the assisted activity and the exceptIOn wIll permit such person to receive generally the same mterests or benefits as are bemg made avaIlable or proVided to the group or class (4) Whether the affected person has WIthdrawn from hiS or her functions or responsibilIties or the deCISIOn makmg process With respect to the speCific asSisted actlVlty m question (5) Whether the Interest or benefit was present before the affected person was m a posItion as descnbed In paragraph (b) of thiS section (6) Whether undue hardslup will result either to the recipient or the person affected when weighed against the publIc mterest served by aVOIding the prohibited COnfliCt and (7) Any other relevant consideratIOns Agenda Item No 10 Page 31 of 36 Prohibition Against Conflicts of Interest Exhibit CI page 3 of 4 TOPIC CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE October 1989 This Conflict of Interest Code IS wntten to comply With Federal RegulatIOns (24 CFR Part 85) These Regulations AdminIstrative ReqUirements for Grants and Cooperative Agreements to State Local and Federally Recogmzed Indian Tnbal Governments I reqUire that grantees and sub grantees Will mamtaIn a wntten code of standards of conduct goverrnng the performance of their employees engaged In the award and administratIOn of contracts 1) No employee officer or agent of the grantee shall participate In the selectIOn In the award or In the administratIOn of a contract supported by Federal Foods If a conflict of mterest real or apparent would be Involved 2) Such a conflict will arise when I) The employee officer or agent n) Any member of the Immediate famIly lll) Hls/Her partliers or IV) An organization which employs or IS about to employ any of the above has a finanCial or other Interest In the firm s selectIOn for award 3) The grantee s or sub grantee s officers employees or agents Will neither soliCit nor accept gratlntIes favors or anytlung of monetary value from contractors or parties to sub agreements except as noted In SectIOn 4 4) A grantee s or sub grantee s officers employees or agents Will be presUIned to have a finanCial Interest In a bUSiness If their finanCial Interest exceeds the follOWing I) Any bUSiness entity In which the offiCial has a direct or indirect Investment worth one thousand dollars ($1 000) or more n) Any real property In whIch the offiCial has a direct or indirect Interest worth one thousand dollars ($1 000) or more Agenda Item No 10 Page 32 of 36 ProhIbItion Agamst ConflIcts ofInterest ExhIbIt CI. page 4 of 4 TOPIC CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE October 1989 111) Any source of mcome other than gIftS and other than loans by a commercIallendmg mstltutIOn m the regular course of busmess on terms aVailable to the publIc WIthout regard to OffiCIal status aggregatmg two hundred fifty dollars ($250) or more m value provIded to receIved by or promIsed to the officIal wIthm 12 months pnor to the time when the deCISIOn IS made IV) Any busmess entity m WhIch the offiCIal IS a dIrector officer partner trustee employee or holds any pOSItIOn of management V) Any donor of or any mtermedIary or agent for a donor of a gIft or gIftS aggregatmg two hundred fifty dollars ($250) or more m value provIded to receIved by or promIsed to the OffiCIal WithIn 12 months pnor to the tIme when the deCISIon IS made 5) For purposes of SectIOn 4 IndIrect Investment or mterest means any mvestment or mterest owned by the spouse or dependent chIld of an offiCIal by an agent on behalf of an offiCIal or by a busmess entity or trust m winch the offiCial the OffiCIal s agents spouse and dependent children own dIrectly mdIrectly or benefiCIally a 10 percent mterest or more Agenda Item No 10 Page 33 of 36 EXHIBIT R CONSTITUTIONAL PROHIBITION Page I of2 In accordance With FIrst Amendment Church/State Pnnclples as a general rule CDBG/ESG assIstance may not be used for religIOus actIvIties or provIded to pnmanly religIOus entIties for any activIties including secular actIvIties The following restnctlOns and limItatIOns therefore apply to the use of CDBG/ESG funds (I) CDBG/ESG funds may not be used for the acqUIsItIOn of property or the constructIOn or rehabIlitation (including hlstonc preservatIOn and removal of archltectl1ral barners) of structures to be used for religIOus purposes or whIch will othefWIse promote religIOus Interests ThIS limItatIOn Includes the acquIsItion of property for ownershIp by pnmarlly religIOus entities and the constructIOn or rehabilItatIOn (including hlstonc preservatIOn and removal of archltectl1ral barrIers) of structl1res owned by such entIties (except as permItted under paragraph (j) (2) of thIS section WIth respect to rehabIlitation and under paragraph (j) (4) of thiS sectIOn WIth respect to repaus undertaken In connectIOn with public servIces) regardless of the use to be made of the property or structure Property owned by pnmanly religIOUS entities may be acqUIred WIth CDBG/ESG funds at no more than fau market value for a non religIOUS use (2) CDBG/ESG funds may be used to rehabIlitate bUIldings owned by pnmarIly religIOus entities to be used for a wholly secular purpose under the follOWing condItions (I) The bUIlding (or portion thereof) that IS to be Improved With the CDBG/ESG assIstance has been leased to an eXIsting or newly established wholly secular entity (wmch may be an entity established by the religIOUS entIty) (II) the Improvements The CDBG/ESG assIstance IS provIded to the lessee (and not the lessor) to make (III) The leased premIses WIll be used exclUSIvely for secular purposes avaIlable to persons regardless of religIOn (IV) The lease payments do not exceed the flllr market rent of the premIses as they were before the Improvements are made (v) The portion of the cost of any Improvements that also serve a non leased part of the bUIlding Will be allocated to and paId for by the lessor (VI) The lessor enters Into a binding agreement that unless the lessee or a qualIfied successor lessee retains the use of the leased premIses for a wholly secular purpose for at least the useful life of the Improvements the lessor WIll pay to the lessee an lIIllOunt equal to the resIdual value of the rmprovements (VII) The lessee must remIt the lIIllOunt received from the lessor under subparagraph (2)(vl) of thIS sectIOn to the recIpIent or subreclplent from whIch the CDBG/ESG funds were denved Agenda Item No 10 Page 34 of 36 EXHIBIT R CONSTITUTIONAL PROHIBITION Page 2 of2 The lessee can also enter Into a management contract authonzlng the lessor rehglOus entity to use the bUilding for Its mtended secular purpose e g homeless shelter provIsIOn of public services In such case the rehglous entity must agree m the management contract to carry out the secular purpose m a marmer free fonn religIOUS mfluences m accordance With the pnnclples set forth m paragraph (j)(3) of thiS sectIOn (3) As a general rule CDBG/ESG funds may be used for eligible public services to be proVided through a pnmarily religIOUS entity where the religIOUS entity enters mto an agreement With the recipient or subreclplent from which the CDBG/ESG funds are denved that m connectIOn With the provlSlon of such services (I) It Will not dlscnrmnate agamst any employee or applicant for employment on the basiS of rehglOn and WIll not limit employment or give preference In employment to persons on the baSIS of religIOn (11) It Will not dlscnmlnate agamst any person applymg for such pubhc services on the basiS of religIOn and WIll not limit such services or give preference to persons on the basiS of religIOn (m) It WIll prOVide no religiOUS mstructlon or counseling conduct no religiOUS worshIp or services engage In no religiOUS proselytlZlng and exert no other religIOUS mfluence In the provIsion of such public services (IV) The portion of a faCility used to prOVide the public services shall contain no religIOUS symbols or decoratIOns other than those pennanently affixed to or part of the structure (4) Where the public services prOVided under paragraph (j)(3) of thiS sectIOn are carned out on property owned by the pnmarily religIOUS entity CDBG/ESG funds may also be used for mmor repaIrS to such property which are dJrectly related to carrymg out the public services where the cost constitutes m dollar tenns only an inCidental portion of the CDBG/ESG expenditure for the public services Agenda Item No 10 Page 35 of 36 EXHIBIT S page I of I Economic Opportumtles for SectIOn 3 Residents and SectIOn 3 Busmess Concerns Sec 135 38 SectIOn 3 clause An sectIOn 3 covered contracts shall mclude the fonowmg clause (referred to as the sectIOn 3 clause) A The work to be performed under this contract IS subject to the reqUirements of section 3 of the Housmg and Urban Development Act of 1968 as amended 12 U S C 170 I u (sectIOn 3) The purpose of sectIOn 3 IS to ensure that employment and other economic opportunltles generated by HUD assistance or HUD asSisted projects covered by sectIOn 3 shall to the greatest extent feasible be directed to low and very low mcome persons particularly persons who are recipients of HUD assistance for housmg B The parties to this contract agree to comply With HUD s regulatlons m 24 CFR part 135 whICh Implement sectIOn 3 As eVidenced by their executlon of this contract the parties to this contract certify that they are under no contractual or other Impediment that would prevent them from complymg With the part 135 regulatIOns C The contractor agrees to send to each labor organizatIOn or representative of workers With which the contractor has a conectlve bargammg agreement or other understandmg If any a notice advlSlng the labor organizatIOn or workers representatlve of the contractor s commitments under thiS sectIOn 3 clause and Win post copies of the notlce m conspICUOUS places at the work site where both employees and apphcants for trammg and employment positIOns can see the notlce The notlce shan descnbe the sectlon 3 preference shall set forth mlmmum number and Job titles subject to hire aVllllablhty of apprentlceshlp and trlllmng posltlons the qualIficatlons for each and the name and locatIOn of the person(s) takmg apphcatlOns for each of the posltlons and the antlclpated date the work shan begm D The contractor agrees to mclude thiS sectIOn 3 clause m every subcontract subject to comphance With regulatIOns m 24 CFR part 135 and agrees to take appropnate actIOn as proVided m an apphcable provIsion of the subcontract or m thiS sectIOn 3 clause upon a findmg that the subcontractor IS m vlOlatlon of the regulatIOns m 24 CFR part 135 The contractor win not subcontract With any subcontractor where the contractor has notlce or knowledge that the subcontractor has been found m VIOlatIOn of the regulatIOns m 24 CFR part 135 E The contractor Win certify that any vacant employment posltlons mcludmg trlllmng posltlons that are fined (I) after the contractor IS selected but before the contract IS executed and (2) With persons other than those to whom the regulatIOns of 24 CFR part 135 reqUire employment opportumtIes to be directed were not filled to circumvent the contractor's obhgatlons under 24 CFR part 135 F Noncomphance With HUD s regulatIOns m 24 CFR part 135 may result m sanctIOns termmatIon of thiS contract for default, and debarment or suspensIOn from future HUD asSisted contracts G With respect to work performed m connectlon With sectIOn 3 covered Indian housmg assistance sectIOn 7(b) of the Indian Self DetermmatlOn and EducatIOn ASSistance Act (25 US C 450e) also applIes to the work to be performed under thiS contract SectIOn 7(b) reqUires that to the greatest extent feasible (I) preference and opportumtles for trlllmng and employment shall be given to Indians and (n) preference m the award of contracts and subcontracts shall be given to Indian organIzatIOns and Indian owned Economic Enterpnses Parties to thiS contract that are subject to the proVISIOns of section 3 and sectIOn 7(b) agree to comply With section 3 to the maximum extent feaSible but noAm dgolffitlOMf 10 complIance With sectIOn 7(b) gen a em 0 Page 36 of 36 CITY OF ~ LAKB ,6,LSINORI: ~.e! DREAM EXTREME. REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9,2007 SUBJECT SIDEWALK CONSTRUCTION VARIOUS LOCATIONS ADDITIONAL GRANT FUNDING Backaround The City of Lake ElSinore IS a mixture of pre eXisting developments and newly developed areas There are many locations throughout the City without sidewalks City Council through the Capital Improvement Program has directed Staff to administer an annual repair and construction project to provide curb gutter and sidewalks to these areas Funding for these sidewalks are derived from four sources Bicycle and Pedestrian Safety Improvements (SB 821) EDA Community Development Block Grants (CDBG) City s Traffic Impact Fees and City s In Lieu Fees By working with Riverside County Economic Development Agency (EDA) Staff has been able to Increase the CDBG grant funding contribution to thiS project The total cost for thiS year's project IS budgeted at $730 000 On July 24 2007 City Council awarded thiS project to E G N Construction Incorporated Construction IS under way and IS anticipated to be completed by end of October 2007 DISCUSSion Staff has been investigating the availability of additional CDBG funding for thiS project Originally $193688 was made available through the CDBG program and after a number of meetings with Riverside County EDA staff an additional $161 199 was allocated by the EDA to Lake ElSinore Because the project IS well under way Staff IS recommending the Increase of CDBG participation In thiS year s project replace Cash In Lieu funds and reduce the use of Traffic Impact Fee funds The follOWing IS the breakdown of original funding sources and the reVised new funding SB 821 CDBG In Lieu Fees ORIGINAL FUNDS $169900 $193688 $95 412 REVISED FUNDS $169900 $354 887 $0 Agenda Item No 11 Page 1 of 3 ~ ~, Sidewalk Construction October 9 2007 Page 2 Traffic Impact Fees TOTAL $271.000 $730 000 $205.213 $730 000 Fiscal Impact Total cost of the project including englneenng construction Inspection contingency sOil testing and project administration will remain at $730 000 The fiscal Impact to In Lieu Fees IS reduced to zero Traffic Impact Fees are reduced by $65 787 from $271 000 to $205213 SB 821 funds remain the same at $169900 and CDBG funds Increase with the additional EDA contribution of $161199 from $193688 to $354887 The additional CDBG funds contribution Will allow the City to utilize the unused In Lieu Fees and Traffic Impact Fees for other projects Recommendations 1 Authonze the use of additional $161 199 CDBG Fund No 150 for thiS project 2 Authorize the return of $95412 of In Lieu Fees Fund No 205 to City Budget 3 Authorize the return of $65 787 of Traffic Impact Fees to the City Budget Fund No 205 Prepared by Ken A Seumalo Director of Public Works Robert A BradYO~ City Manager \~ Approved by Attachment VICInity Map Agenda Item No 11 Page 2 of 3 -~- ~ \ 1- \ \ ~ "?" \ \ \ l: <;\ ~ l~ \ ~ M @Q P'I" l:- Y) 1lI1l; RI/$$O g ..c. \ TII$C8~Y Hills ~ El~l1nt"/)I p(;il~ __ { ,,~/I '" _~' ~/ ~S Tuscany I//I(s Pm ~ \ ~ ~ (' 'to ~ "'\ ~ \ '~ '" +,<'" ~ t SHEET 5 KEY MAP NO SCALE SHEET 11 SHEET 2 SHEET 10 --- " CITY OF LAKE ELSINORE ~ Agenda Item No 11 Page 3 of 3 ~ CITY OF ~ LA~ 6LSINORf , I ~.'::" DREAM EjTREMEN REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9 2007 SUBJECT UNITY IN THE COMMUNITY PARADE REQUEST FOR FEE WAIVER AND STREET CLOSURES Backaround The City received an Application for Special Events Permit to conduct the 11th Annual Unity In the Community Parade This year s parade theme IS Celebrating Leadership In the Past and Future and IS slated to occur on Saturday November 17 2007 from 1000 a m to 12 00 P m This year s parade will have approximately 100 parade entnes which will Include marching bands scouting organizations elected offiCials floats vintage vehicles and community youth groups The parade s main purpose IS to celebrate the community coming together and fostenng community pnde DISCUSSion The applicants Ms Jennie Corral and Ms Kathy Anlol are requesting waIver of the City permit fee of $200 and the $1 000 refundable depOSit As With past parades these fees have been waived and staff concurs With the wavier since the parade IS co sponsored by the City The Shenffs Department the City Public Works and Parks and Recreation employees Will set up and remove street closure signs and barricades monitor traffiC along the parade route and prOVide assistance and cleanup as needed Fiscal Impact Funds In the amount of $7 500 to pay for police and city services are Included In thiS year s budget Agenda Item No 12 Page 1 of 8 Unity In the Community Parade October 9 2007 Page 2 Recommendation Approve the fee waiver and closure of streets along the parade route for the 11t11 Annual Unity In the Community Parade Ray Gonzales ~ Director of Parks and Recreation Prepared by Approved by Robert A Brady()~ City Manager I~ Attachment Application Agenda Item No 12 Page 2 of 8 Q f ~ L:1 Q 2! ~ QI t 1S .::I.:1'9'lSSlNV f;:.:' I ~ . > ~!% ffi ~ QI i~ ~ ~ z t ~ ~ ~ :a C< ~ r ~ -I j AVsaNI 6/ t > -I ~ ~ ~ z ~ > ll~jW D D C< Z ~ ~ g ~ ~ ~ q, % ~ I II 18 IQ!' :1I,'::":1[f ~ H:lIlS ~NIIIdS ';\ ~~~ t i5 8 C< <5 ~ ~ ~ ~ o or ~ 4 ~ 4 ~ f , C> :z ~ w u.J C> <! "" 111~ ~ <! CL H ~ i ,,> :.J Cl oj t " <1 i w u "" m<J: Q CO : ~ " CO o <1 " >- ,"if) Cl :z w o W ---.J :z o (/) ~ '-' :z: ~ E 0 0 g:S C2 6 ::i :::::>a:: e5=(/) t- :3..-u? ~.:: ~~i:5e5{/}lJ.J~ ES~G t-a:: LU<1:~O::S:~~ LJ5V5 o ~~ ~~t-~~~~ ~~~ <1:==0 ~=I~~~~t-~&~~ UJLUUJO:: ~Ll.JI-> o....<l:>-<If--'---' ~~~~ ~8~LU~~=~~>-~~ ~dda::a::LUda::~~~:Z:O::S:<ILU (/) o =66~=5ut-l-o~~~~ffi~ t-~<It-l-<I<II-UJGGGL~~<l:>a:: ~~~~~~~~~~~V5~zl-~S~ CI 55 S <::I: <!Cl'O',.,-,cntr:>co it ~ _('.Jr-0cn...n<1_LJU"'-'''''''' ~...o LJLJLJUULJ<-JV)V)<...::>t..::>_ LJ~ * . z . 2! ~ - ~ t CI~A 0 J (11001 e / c r---.~ ---' w 0 CLw 0::: 0---'= ON6222 Z !zei: (/) ....8>- -.J r---.. ur-- W LL.S W LL.L: <J:L: ~ 0::: g: 8 .....J W ~w <1 :I: l.L CO w >- o 2:: '=>:z: >- 0>- W "">- I->wz U ==:> 002 <J: Agen& Item No 2 Page 3 0 8 I' I I !l '- .~ CITY OF LAKE ELSINORE APPLICATION FOR SPECIAL EVENTS PERMIT Name of Sponsor (pr~nt please) of event ~ In ~J1Jtll1/0 rp~Q event t!.fo; LE -~ EMS ~\U;WdDWt1f &.c.I" ~ /7 - t) '1 8/1 (VI N 00 ""-- tart~ng Clos~ng T~me Event T~me Event Date Date To Open To Close ~-M"e 4, d {jl2Cll';J/~~ Name ot Spec~al ~e t D~rector (or local contact) Descr~pt~on Locat~on of ~~t)-()7 Date of Appl~ca c1C)DD1 c!~I/Pflti1u U Lf'9d.~JO Address ( ty/State/Z~p) Address (C~ty/State/Z~p) &~/)b ?tf-Btf41V-1 ) (9f'1)8o'}-60lSc) Telephone Telephone r;;li2-e V'~ 90tJ1J -- .5~ Number of persons Ant~c~pated da~ly employed to conduct attendance event Est~mated park~ng spaces needed (peak t~me) All of the follow~ng documents must be on f~le pr~or to start of event 1 Appl~cat~on for Bus~ness Tax to be completed by bus~ness owner Includes but ~s not l~m~ted to all commerc~al and ~t~nerant vendors carn~vals d~splays sellers anyone who offers a serv~ce and/or contractors perform~ng work 2 A l~st of all employees name current address current photo of each who w~ll be work~ng the event to ~nclude date of b~rth dr~ver s l~cense and a 3 A wr~tten explanat~on of the appl~cant s plans to prov~de a Secur~ty b F~re Protect~on C Water suppl~es and fac~l~t~es d Food suppl~es and fac~l~t~es e San~tat~on fac~l~t~es f Veh~cle access g Park~ng spaces h Traff~c control ~ Clean-up plans for the prem~ses 4 L~st the number and type of food concess~ons Agenda Item No 12 Page 4 of 8 _ _ Spec~al Event Perm~t Appl~cat~on (cont~nued) 5 A d~agram of the layout of prem~ses ~nvolved show~ng locat~on of a Stag~ng Area b park~ng c R~des d Games and concess~ons e F1re ext~ngu~shers f Trash d~sposal and san~tat~on fac~l~t~es g Tents h Fuel storage ~ Emergency veh~cle access J Food suppl~es/fac~l~t~es (If request~ng a street perm~t locat~ons s~te of stag~ng area show route proposed traff~c control park~ng san~tat~on fac~l~t~es etc 6 Insurance cert~f~cate shall be subm~tted to prov~de proof of personal ~nJury and property damage ~nsurance ~n the amount of $1 m~ll~on w~th the C~ty of Lake Els~nore ~ts off~cers agents and employees named as Add~t~onal Insured Insurance company must have an A+ rat~ng ~n the Best s Key Rat~ng Gu~de Company Amount Exp~rat~on Date C~ty Named? 7 Letter of perm~ss~on from property owner 1f appl~cable 8 S~gn Release and Indemn~f~cat~on Agreement 9 S~gn Amer~can w~th D~sab~l~t~es Act D~scr~m~nat~on Agreement SPECIAL DEPARTMENT/DIVISION CONCERNS Pol~ce Department - All games secur~ty requ~rements and ABC (alcohol) perm~ts must be approved by the Ch~ef of Pol~ce or h~s representat~ve Est~mated man hours recommended for traff~c control and/or pol~c~ng w~ll be handled by the Pol~ce Department representat~ve as requ~red F~re Department Tents booths f~re protect~on dev~ces cook~ng apparatus publ~c assembly emergency veh~cle access fuel storage areas and Publ~c Works a b c d Traff~c Control Clean-up Trash b~ns/conta~ners Phys~cal fac~l~ty ma~nta~ned/repa~red Agenda Item No 12 Page 5 of 8 Date Speclal Event Packet Malled Event Name Event Date Contact Person Address Telephone CITY OF LAKE ELSINORE SPECIAL EVENT CHECK LIST Flll out event appllcatlon Flle event appllcatlon and pay flllng fee Faclllty rental fee Pay cash bond for estlmate cost of pollce flre and Communlty SerVlces D1V1Slon $ refundable lf no costs arlse from event Develop scale map of event wlth flre lanes Obtaln $1 mllllon lnsurance POllCY namlng the Clty of Lake Elslnore and ltS offlcers as addltlonal lnsured Obtaln an appllcatlon to serve food from the Rlverslde County Envlronmental Health Department On the day of the event games tents and booths wlll be lnspected by the Clty s Flre Pollce and BUlldlng Departments Flre lnspectlon permlt and tents Cost wlll vary dependlng on number of rldes booths Obtaln proper permlts from Department of AlcohollC Beverage Control when selllng alcohol (909/782-4400) Parklng Plan Alcohol lnvolvement Group responslble for addltlonal charges arlslng from the event Must provlde own securlty A detalled event cost wlll be determlned after meetlng wlth event promoter Provlde Artlcles of Incorporatlon and coples of State and Federal documents ldentlfYlng group as non-proflt when appllcable Slgn ADA form Slgn Release and Indemnlflcatlon Agreement Provlde a letter (If appllcable) from landowner allowlng event x = 1tems required to be completed by event promoter Agenda Item No 12 Page 6 of 8 FEES FOR SPECIAL EVENTS PERMIT Appl~cat~on/F~l~ng Fees $ $ Mult~-day event S~ngle-day event $ $ Outdoor Fac~l~ty Use Fees $ 500 MaJor Event x ___ days $ Depos~t or Bond* Type of act~v~ty w~ll determ~ne the amount of depos~t or bond $ * Any fees that ar~se from event w~ll be taken out of bond or depos~t Bus~ness l~cense bu~ld~ng perm~ts f~re perm~ts water perm~ts and any fees for booth carn~val and tents w~ll be pa~d separately AMOUNT RECEIVED $ Appl~cat~on/F~l~ng Fee TOTAL AMOUNT DUE Amount Date Outdoor Fac~l~ty Use Fee Amount Date Depos~t/Bond (amount covers Pol~ce/Publ~c Works) Amount Date Est~mated Costs Pol~ce Fee Publ~c Works Bus~ness L~cense * Amount Date Bu~ld~ng Perm~ts * Amount Date F~re Department Perm~ts * Amount Date Water Perm~ts * * These fees w~ll be pa~d number of bus~nesses tents Amount separately and w~ll vary booths and r~des at the Date depend~ng event upon the I DECLARE UNDER APPLICATION TO THE DATE yj g % -, PENALTY OF PERJURY INFORMATION IN THIS BEST OF MY KNOWLEDGE IS RUE AND CORRECT . APPLICANT BY S~gnature of Pres~dent Partner or Owner BY S~gnature of Secretary Partner or Owner Procedure Appl~cat~ons must be f~led at least 60-days before the event at the Commun~ty Serv~ces Department C~ty Hall 130 S Ma~n Street Lake EIs~nore Departments w~ll rev~ew and C~ty Manager prov~de a response w~th~n 3D-days You may appeal C~ty Manager S dec~s~on to C~ty Counc~l w~th~n 5-days after dec~s~on rendered Please flle appllcatlon as early as poss~ble to ensure adequate t~~I~t$)ot2 and resolv~ng any problems that may ar~se w~th the event Page 7 af8 SPECIAL EVENT RELEASE AND INDEMNIFICATION AGREEMENT As sponsor of the event~escr 1t 1S understooq that 1f a perm1t 1S approved we (C UPI/ !C;M agree to 1ndemn1fy the C1ty of La e Els1nore and 1tS employees servants and agents and hold them harmless from any l1ab1l1ty penalty expense or loss ar1s1ng out of any 1nJury to any person or damage to any property result1ng from the prOV1S10n or fa1lure to prov1de serV1ces for th1s spec1al event perm1t or the approval thereof 1nclud1ng w1thout restr1ct10n any such l1ab1l1ty penalty or loss result1ng from the act1ve or paSS1ve neg11gence of the C1ty 1tS employees servants or agents The unders1gned agrees to pay for add1t10nal C1ty costs not covered by the depos1t or bond S1gnature of Event Cha1r Date S1gnature of Pres1dent/D1rector Date AMERICANS WITH DISABILITIES ACT (ADA) As sponsor of the event descr1bed here1n 1t 1S understood that 1f perm1t 1S approved we agree to follow federal regulat10ns proh1b1t1ng d1scr1m1nat10n on the baS1S of race color nat10nal or1g1n age or d1sab1l1ty S1gnature of Event Cha1r Date S1gnature of Pres1dent/D1rector Date Agenda Item No 12 Page 8 of 8 CITY OF ~ LAKE 6LSINORf: , , ~..~ DREAM E;(TREMEw REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9, 2007 SUBJECT RECLASSIFICATION OF RECEPTIONIST POSITION Backaround For many years the City has expenenced a high turnover with the receptionist posItion As a very Important part of customer service at City Hall staff has considered vanous methods to Improve the retention and caliber of the Individual In this posItion Accordingly staff believe that reclassifying the function and raising the salary Will help attract better candidates and help retain the Individual DISCUSSion Staff IS requesting a title change to Customer Service Specialist and Increase the salary from $1240 an hour to $1425 an hour In researching the salary range thiS salary Increase Will bnng the compensation to an appropnate level to attract and retain strong applicants Staff IS also setting up a new training program for the posItion that Will help them qUickly establish a posItive working relationship with and provide quality customer service to city management staff and the public Lastly staff IS also planning on changing the supervision of the position from the Community Development Department to the Administrative Services which Will require the City Council to approve a budget adjustment between the two departments Fiscal Impact The annually cost of salary and benefits Will Increase by $8 600 Agenda Item No 13 Page 1 of 2 ReclasSification of Receptionist Position October 9 2007 Page 2 Recommendations 1 Approve reclassification of Office Specialist I to Customer Service Specialist 2 Approve budget adjustment moving the position salary from the Community Development Department to the Administrative Services Department 3 Approve a budget adjustment increasing of the salary and benefits from grade 23 to 32 ($8 600 total) for the current fiscal year Prepared by -? Matt N presseY?_~ Director of Admlnls rative Services Approved by Robert A Brady f.) ~ City Manager J::llV" Agenda Item No 13 Page 2 of 2 CITY OF ~ LAKE 6LSINO~ , , ~.~ DREAM E;(TREME. REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9,2007 SUBJECT PURCHASE AUTHORIZATION TO REPLACE DESKTOP COMPUTERS WITH DELL LAPTOPS Backaround A stated goal of FY 2007 08 IT budget IS replacing management staffs Desktop PC s with Laptops to help facIlitate Emergency Operations Center (EOC) preparedness and response Eleven (11) additional Laptops are required to sWitch management staff In the EOC hierarchy from their Desktop PC s DISCUSSion By replacing manager s Desktop PC s with Laptops managers are able to be mobile and have emergency Information Immediately Responders will be able to attend the EOC with less delay Time IS of the essence and Laptops with appropriate information and file sharing capabilities will Increase the effectiveness of EOC operations Per the City s purchasing policy section 3 08 070 a purchase over $15 000 may be exempt from the Informal bid process when It IS In the best Interest of the City to take advantage of established government pricing for Information technology purchases FlscallmDact Consistent with the City s practice of making information technology purchases under the California MUnicipal Awards Schedule (CMAS) Dell Laptops qualify for purchase under the state and local government CMAS or WSCA pricing schedule The Unit cost of these Laptops IS consistent with prevIous Dell Laptop purchases Both CMAS and Western States Contract Alliance (WSCA) pricing ensures competitive pricing at Government Services Administration (GSA) rates Dell s 3 year warranty service also helps keep the City s cost of repairs and maintenance down Agenda Item No 14 Page 1 of 7 Purchase Authonzatlon to Replace Desktop Computers with Dell Laptops October 9 2007 Page 2 This purchase IS exempt from the City s purchasing policy reqUlnng Informal bids because It IS In the best Interest of the City to use CMAS or WSCA government pnclng for information technology purchases SuffiCient funding IS available through Internal transfer of FY 2007 08 IT Department funds Source Dell Dell Dell Model Dell PrecIsion M4300 - 1 GB Dell PrecIsion M4300 - 2GB Two Pnmary backup Battenes Total Amount Quote $2740481 $563613 $237 03 $ 33 277 97 Recommendations It IS determined to be In the best Interest of the City to waive the bidding process and authonze the City Manager to sign and Issue a purchase order to Dell Computer Inc for replaCing management s desktops PCs With Laptops Prepared by Approved by Mark Dennis -;?h .0-- Information/Communications Manager Robert A Brady IlAl City Manager IQ\P' Agenda Item No 14 Page 2 of 7 DELL Date 9/26/07 11 22 32 AM QUOTE # Customer # Contract # CustomerAgreement # Quote Date Customer Name Page 1 0[2 QUOTA TION 388546437 1471052 N39913654 NASPOWSCA # A63307 9/26/07 CITY OF LAKE ELSINORE TOTAL QUOTE AMOUNT $2740481 Product Subtotal $25 359 40 Tax $1 96541 State Environmental Fee $80 00 Shipping & Handling $000 Shipping Method Ground Total Number of System Groups 1 GROUP 1 I QUANTITY 10 SYSTEM PRICE $2 543 941 GROUP TOTAL $2543940 Base Unit Dell Precision M4300 Intel Core 2 Duo T7300 2 aOGHz 800MHz 4M L2 Cache Dual Core (222 9051) Processor 15 4 Inch Wide Screen WXGA LeD Dell Precision M4300 (310 9107) Memory lOGe 00R2 667 SORAM 2 OIMM Dell Precision M4300 (311 7225) Keyboard Internal English Keyboard Dell Precision M4300 (310-9110) Video Card NVIDIA QUADRO FX 360M 512MB Turbo Cache Memory (256 dedicated) Dell Precision M4300 (320 5486) Hard DMve 120GB Hard Drive 9 5MM 7200RPM Dell Precision M4300 (341-4789) Hard Drive Controller Standard Touchpad Dell Precision M4300 (310 9108) Operating System WINDOWS XP PRO SP2 with MedlaOell Precision Mobile English Factory Install (420-4867) Operating System Thank you for choosing Dell (310-8617) TeU 90W AC Adapter for Dell Precision M65 (3107479) CD ROM or DVD ROM Drive 8X DVD+I RW with Roxlo CreatorDell Edition Digital Media andCyberlink Power DVD Dell Precision M4300 (313 5215) Processor Cable Intel 3945 WLAN (80211a/g) mini Card Dell Precision M43DO Factory Install (4302379) Documentation Diskette DIPort Port Repllcator for Dell PreCision M65 (310 7471) Factory Installed Software Resource CD wI Diagnostics and Drivers for Wmdows XP Dell Precision M4300 (313..s220) Feature 9 Cell/8S WHr Primary Battery Dell Precision M4300 (312 0529) Service Type 3 Contract Next Business Day Parts and Labor On-5lte Response Initial Year (983 2330) Service Dell Hardware Warranty Plus Onslte Service Initial Year (987-3897) Service Type 3 Contract Next Business Day Parts and Labor On Site Response 3YR Extended (980 3053) Service Oell Hardware Warranty Plus On51te Service Extended Year (987-3818) Service PUB MPrec 4YR Info (9841787) Service CompleteCare Accidental DamageSvc Workstation 4Yr 1 800-6249896 (970 2218) Service GTS Personal Systems TechnlcalSupport Letter (461 3749) Service GOLD TECH Support MOeWS INIT (REL) Dial 1-800-876 3355 for Support (987 1327) Service GOLD TECH Support MOeWS 3YR EXT (REL) Dial 1 800876-3355 for Support (9871109) Installation Standard On Site Installation Declined (900 9987) Agenda Item No 14 Page 3 of 7 file lie \Documents and Settmgs\sreld\Local Settmgs\Temporary Internet Flles\OLK11A\ 10/112007 Page 2 of2 Mise CFI Order Ready Asset Tag 10 (3651392) Mise Dell Wireless 5720 Mobile Broadband EV 00 Rev A Mini Card for Sprlnt,Dell Precision M6S (430 2386) Microsoft Office Professional for Latitude OptlPlex Precision (4206712) SALES REP DAVID MCCULLOUGH PHONE 1800 576 6038 Emall Address Davld_Mccullough@Dell com Phone Ext 7280860 For shipments of certain products to California a State Environmental Fee of up to $10 per Item has been added to your quote For your convenience your sales representative quote number and customer number have been Included to provide you with faster service when you are ready to place your order You may also place your order online at www dell comlquote Unless you have a separate agreement with Dell the terms and conditions found at http IIftpbox us dell comlslglresellerslresellertcs htm shall govern the sale and resale of the Products and Services referenced In this quotation Prices and tax rates are valid In the U S only and are subject to change Sales/use tax IS a destmatlon charge I e based on the shIp to address on your purchase order Please mdlcate your taxabIlIty status on your PO If exempt please fax exemptIon certIficate to Dell Tax Department at 512 283 9276 referencmg your customer number If you have any questIons regardmg tax please call 800-433 9019 or emaH Tax_Department@dell com .. All product and pricing information IS based on latest Information available Subject to change without notice or obligation LCD panels In Dell products contain mercury please dispose properly Please contact Dell Financial Services Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell com MInimum quantities may apply Shipments to California For certain products a State EnVironmental Fee Of Up to $10 per Item may be applied to your invoice as early as Jan 1 2005 Prices In your cart do not reflect this fee More Info or refer to URL www dell comlenvlronmentalfee Agenda Item No 14 Page 4 of 7 file lie \Documents and Settmgs\sreld\Local Settmgs\Temporary Internet FIles\OLKI IA\ 10/172007 Page 1 of2 DELL QUOTA TION Date 9/21/072 05 36 PM QUOTE # Customer # Contract # CustomerAgreement # Quote Date Customer Name 387785701 1471052 N39913654 NASPOWSCA # A63307 9/21/07 CITY OF LAKE ELSINORE TOTAL QUOTE AMOUNT $563613 Product Subtotal $521588 Tax $404 25 State Environmental Fee $1600 Shlppmg & Handling $000 Shlppmg Method Ground Total Number of System Groups 1 GROUP 1 I QUANTITY 2 SYSTEM PRICE $2 615 941 GROUP TOTAL $5231 88 Base Unit Dell Precision M4300 Intel Core 2 Duo T7300 2 OOGHz 800M Hz 4M L2 Cache Dual Core (222 9051) Processor 15 41nch Wide Screen WXGA LeD Dell Precision M4300 (310.g107) Memory 20GB DDR2-667 SDRAM 2 DIMM Dell Precision M4300 (311 7224) Keyboard Internal English Keyboard Den Precision M4300 (3i0 9110) Video Card NVIDIA QUADRO FX 360M 512MB Turbo each. Memory (258 dedicated) Dell Precision M4300 (320 5486) Hard Drive 120GB Hard Drive 9 5MM 7200RPM Dell Precision M4300 (341-4789) Hard Drive Controller Standard Touchpad Oell Precision M4300 (310.g108) Operating System WINDOWS XP PRO SP2 with MediaDell Precision Mobile English Factory Install (420-4867) Operating System Thank you for choosing Dell (310 8617) TBU 90W AC Adapter for Dell Precision M65 (3107479) CD ROM or DVD ROM Drive 8X DVD+I RW with Roxlo CreatorDell Edition Digital Media andCyberllnk Power DVD Dell PreciSion M4300 (313 5215) Processor Cable Intel 3945 WLAN {80211a1g) mini Card Dell Precision M4300 Factory Install (430 2379) Documentation Diskette DIPort, Port Repllcator for Dell PreciSion M65 (310 7471) Factory Installed Software Resource CD wI Diagnostics andDnvers for Windows XP Dell Precision M4300 (313 5220) Feature 9 Cell185 WHr Primary Battery Dell Precision M4300 (312-0529) Service Type 3 Contract Next Business Day Parts and Labo On-Slte Re ponse In tl I Year (983 2330) Service Dell Hardware Warr,nty Plus Onslte Service Initial Year (987 3897) Sorvlce Type 3 Contract N9xt Busmen Day Parts and Labor On-5lte Response 3YR Extended (980 3053) Service Dell Hardware Warranty Plus Onslle Service Extended Year (9873818) Service PUB MPrec 4YR Info (984 1787) Service CompleteCare Accidental DamageSvc Workstation 4Yr 1--800-6249896 (970 2218) Service GTS Personal Systems TechnicalSupport Letter (461 3749) S9rvlce GOLD TECH Support MOBWS INIT (REL) Dial 1-800 876-3355 for Support (987 1327) Service GOLD TECH Support MOBWS 3YR EXT (REL) Dial 1 800876-3355 for Support (9871109) Installation Standard On-Slte Installation Declined (900 9987) Agenda Item No 14 Page 5 of 7 file lie \Documents and Settmgs\sreld\Local Settmgs\Temporary Internet FIles\OLK11A\ 10/172007 Page 2 0[2 Mise CFI Order Ready Asset Tag 10 (365 1392) MIse Dell Wireless 5720 Mobile Broadband EV..oO Rev A Mlnl-Card for Sprlnt,Dell Preclslon M65 (430 2386) Microsoft Office Professional for Latitude OptlPlex Precision (420-6712) SALES REP DAVID MCCULLOUGH PHONE 1800 576 6038 Emall Address David Mccullough@Dell com Phone Ext 7280860 For shipments of certain products to California a State Environmental Fee of up to $10 per Item has been added to your quote For your convenience your sales representatIve quote number and customer number have been Included to provide you with faster service when you are ready to place your order You may also place your order online at www dell com/quote Unless you have a separate agreement with Dell the terms and conditions found at http IIftpbox us dell com/slg/resellers/resellertcs htm shall govern the sale and resale of the Products and Services referenced In thiS quotation Prices and tax rates are valid In the U S only and are subject to change Sales/use tax IS a destinatIon charge I e based on the shIp to address on your purchase order Please indIcate your taxabIlIty status on your PO If exempt please fax exemptIon certIficate to Dell Tax Department at 512 283 9276 referenCing your customer number If you have any questIons regarding tax please cal/800 433 9019 or emall Tax_Department@del/ com .. All product and pricing Information IS based on latest Information available Subject to change Without notice or obligation LCD panels In Dell products contain mercury please dispose properly Please contact Dell Financial Services Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell com Minimum quantIties may apply Shipments to California For certain products a State EnVironmental Fee Of Up to $10 per Item may be applied to your InVOice as early as Jan 1 2005 Prices In your cart do not reflect thiS fee More Info or refer to URL www dell com/envlronmentalfee Agenda Item No 14 Page 6 of 7 file lie \Documents and Settmgs\sreld\Local Settmgs\Temporary Internet FIies\OLKIIA\ 10/172007 Page 1 of 1 DELL QUOTA TION Date 9126107 11 22 33 AM QUOTE # Customer # Contract # CustomerAgreement # Quote Date Customer Name 388546980 1471052 N39913654 NASPOWSCA # A63307 9/26/07 CITY OF LAKE ELSINORE TOTAL QUOTE AMOUNT $237 03 Product Subtotal $21998 Tax $1705 ShIpping & Handling $000 Shipping Method Ground Total Number of System Groups 0 SOFTWARE & ACCESSORIES Product I QuantIty I Umt Price I Total 9-Ce1U85 WHr Primary Battery Dell Precision M4300 CustomerKlt (310 9123) I 2 I $109991 $21998 Number of S & A Items 1 I S&A Total Amount $21998 SALES REP DAVID MCCULLOUGH PHONE 1800 576 6038 Emall Address Davld_Mccullough@Dell com Phone Ext 7280860 For your convenience your sales representative quote number and customer number have been Included to provide you with faster servIce when you are ready to place your order You may also place your order online at www delLcomlou_ote Unless you have a separate agreement wIth Dell the terms and condItions found at http IIftpbox us dell comlslglresellerslresellertcs htm shall govern the sale and resale of the Products and ServIces referenced In this quotation Prices and tax rates are valid In the U S only and are subject to change ~Sa/esluse tax IS a destmatlon charge I e based on the ship to address on your purchase order Please Indicate vour taxability status on your PO If exempt please fax exemption certificate to Dell Tax Department at 512 283 9276 referencing your customer number If you have any questions regarding tax please call 800-4339019 or emall Tax_Department@dell com All product and pricing InformatIon Is based on latest Information available Subject to change WIthout notice or obligation LCD panels In Dell products contaIn mercury please dispose property Please contact Dell Financial Services Asset Recovery Services group for EPA compliant dIsposal options at US_Dell_ARS_Requests@dell com Minimum quantities may apply Shipments to California For certain prOducts a State Envlfonmental Fee Of Up to $10 per Item may be applied to your invoice as early as Jan 1 2005 Prices In your cart do not reflect this fee More Info or refer to URL www dell comlenvlronmentalfee Agenda Item No 14 Page 7 of 7 file IIC \Documents and Settmgs\sreld\Local Settmgs\Temporary Internet Flles\OLKIIA\ 10/172007 I I- I CITY OF ~ LAKE 6LSINORB ~ DREAM EXTREMEN REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9 2007 SUBJECT DISPOSAL OF SURPLUS ELECTRONICS AS SCRAP Backaround The electronic devices listed below are submitted for declaration as surplus equipment to be scrapped as e waste because they are no longer working not repairable or have become obsolete ~%"' "!,,, 1-~'J!Ii \IJ.,'4 Item #'~ tModeJ 1 T1000 UPS Batte 2 T1000 UPS Batte 3 T1500 UPS Batte 4 0 tl lex GX 150 5 0 tl lex GX 260 6 0 tl lex GX 260 7 0 tl lex GX 260 8 0 tl lex GX 270 9 HP DeskJet 940c 10 HP DeskJet 832c 11 HP DeskJet 952c 12 NEC 17 Monitor 13 Dell 15 Monitor ,'{111\ ~ , Serl be UV191A0661 UV191A0670 YOC5J2R21W 5X22W01 97T6621 5DCK331 FC5ST11 55JS641 MX15T6D027 MY97M1114S MY03E1 F147 45450420TA CN 06R644 47804 2B1 LOAT N/A N/A N/A 178 238 N/A 236 N/A N/A N/A N/A N/A N/A DIScuSSion Computer and electronic equipment becomes surplus matenal due to obsolescence wear or when cost of repair exceeds value The PurchaSing Officer can arrange for disposal of scrap surplus eqUipment per section 3 12 035 of the MUniCipal Code provided the City Council IS notified 30 days In advance of the property to be scrapped Agenda Item No 15 Page 1 of 2 DISPOSAL OF SURPLUS ELECTRONICS AS SCRAP October 9 2007 Page 2 Fiscal Impact None Recommendation Approve disposal of surplus electronic equipment to be scrapped as e waste Prepared by Mark Dennis ?n ~ ~ - Information/Communications Manager Robert A Brady () ~ " City Manager ILW Approved by Agenda Item No 15 Page 2 of 2 CITY OF ~ LAKE 6LSINORf , , ?)!..... DREAM EXTREME. REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9, 2007 SUBJECT VESTING TENTATIVE PARCEL MAP NO 34978 (FOR CONDOMINIUM PURPOSES), AND RESIDENTIAL DESIGN REVIEW NO 2006 09 FOR HUNTER'S RIDGE Backaround The Plannrng Commission considered the Entitlements at ItS regularly scheduled September 18 2007 meeting Upon review the Plannrng Commission determined that the Entitlements are consistent with Title 16 SubdivIsions the Canyon Hills Specific Plan and the appropnate chapters of the Lake Elsinore Munrclpal Code (LEMC) Therefore at the conclusion of the public heanng on September 18 2007 the Planning Commission moved to recommend that the City Council approve the Entitlements subject to the cond Itlons of approval attached to the staff report DIscussion Items of discussion at the Planning Commission heanng were related to the site design and Parcel Map Improvements The Commission expressed satisfaction With the design and layout of the proposed development It was the maJonty consensus of the Plannrng Commission to accept staff S recommendation of approval Fiscal Impact Ultimately the proposed Entitlements Will have a pOSitive fiscal Impact to the communrty and the City The financial analYSIS of the Entitlements estimates that the future residents residing Within Hunter S Ridge Will ultimately generate sales tax revenues for the City of Lake ElSinore In addition to the sales tax revenue that Will be generated It IS anticipated that the development of the unrts Will provide necessary construction Jobs Agenda Item No 16 Page 1 of 82 Vesting Tentative Parcel Map No 34978 October 9 2007 Page 2 of 2 Fmally the Entitlements have been conditioned to require that the applicant contribute fees toward traffiC Improvements school faCIlities park facIlities fire services police services water faCilities and sewer facIlities Recommendations 1 Waive further readmg and adopt a resolution adopting the findmgs that the entitlements are exempt from the Multiple Species Habitat Conservation Plan (MSHCP) 2 Waive further reading and adopt a resolution approvmg Vestmg Tentative Parcel Map No 34978 which subdiVides 28 76 acres of land wlthm the Canyon Hills Specific Plan Into one lot 3 Waive further readmg and adopt a resolution approvmg Residential DeSign ReView No 2006 09 for the Hunter s Ridge Condominium Community wlthm Vesting Parcel Map No 34978 Prepared by Klrt A Coury,k"c. Project Planner Robert A Bradyl1 rt}( City Manager W Approved by Agenda Item No 16 Page 2 of 82 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS Pardee Homes has submitted applications for Vesting Tentative Parcel Map No 34978 Conditional Use Permit No 200615 and Residential Design Review No 2006 09 (the Entitlements) for the development of the Hunter s Ridge Condominium Community on the north side of Railroad Canyon Road and WHEREAS Section IV(D) of the City of Lake Elsinore s MSHCP Implementing Resolution expressly exempts from the MSHCP Any project for which and to the extent that vested rights to proceed with the project notwithstanding the enactment of this Resolution eXist under the common laws of the State of California a vesting tentative map pursuant to the SubdivIsion Map Act a development agreement pursuant to Government Code Section 65864 et seq or other Instrument approved or executed by the CIty prior to adoption of this Resolution Projects subject to this exemption must comply With all prOVIsions of any applicable state and federal law WHEREAS public notice of the project has been given and the City Council has considered eVidence presented by the Community Development Department and other Interested parties at a public hearing held With respect to thiS Item on October 9 2007 NOW, THEREFORE, the City Council of the City of Lake ElSinore California does hereby resolve as follows SECTION 1 The City Council has considered the Project and ItS consistency With the MSHCP Plan Wide Requirements prior to adopting Findings of Consistency SECTION 2 That In accordance With the Lake ElSinore MUnicipal Code and the MSHCP the City Council makes the follOWing findings 1 The Entitlements constitute a project under the City s MSHCP Resolution and the City must make an MSHCP Consistency finding before approval The Project IS exempt from the CIty s MSHCP ResolutIon On July 9 1990 the CIty and Pardee Grossman/Cottonwood Canyon entered mto that that certam development agreement (the Development Agreement) whIch expressly 1 Agenda Item No 16 Page 3 of 82 exempted the Developer from responsIbIlity for any new development Impact fees The Development Agreement WIll expIre on July 9 2010 Even though the Project IS exempt from the MSHCP the Developer must comply wIth other state and federal laws ConsIstent wIth federal law the applicant had prepared a project specIfic Habitat ConservatIOn Plan and has a hIstory of extensIve coordmatlOn wIth the WIldlife agencIes Where approved for development the project sIte has already been graded cleared or developed m accordance wIth the Project HCP GIVen the foregomg no furlher actIOn regardmg the MSCHP IS reqUIred 2 The Entitlements are subject to the City s LEAP and the County s JOint Project Review processes See Response #1 above 3 The Entitlements are consistent with the Rlpanan/Rlvenne Areas and Vernal Pools GUidelines See Response #1 above 4 The Entitlements are consistent with the Protection of Narrow EndemiC Plant Species GUidelines See Response #1 above 5 The Entitlements are consistent with the UrbanlWlldlands Interface GUidelines See Response #1 above 6 The Entitlements are consistent with the Vegetation Mapping requirements See Response #1 above 7 The Entitlements are consistent with the Additional Survey Needs and Procedures See Response #1 above 8 The Entitlements are consistent with the Fuels Management GUidelines See Response #1 above 9 The Entitlements Will be conditioned to pay the City s MSHCP Local Development Mitigation Fee Developer IS exempt from payment of the CIty s MSHCP Local Development MItIgatIOn Fee by vlrlue of the Development Agreement 10 The Entitlements are consistent with the MSHCP See Response #1 above 2 Agenda Item No 16 Page 4 of 82 SECTION 3 Based upon all of the eVidence presented the above findings and the conditions of approval Imposed upon the Entitlements the City Council finds that the Entitlements are exempt from the MSHCP SECTION 4 This Resolution shall take effect from and after the date of ItS passage and adoption PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore California this 9th day of October 2007 ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 3 Agenda Item No 16 Page 5 of 82 APPROVED AS TO FORM BARBARA ZEro LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss CITY OF LAKE ELSINORE ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore California hereby certify that Resolution No was adopted by the City Council of the City of Lake Elsinore California at a regular meeting held on the 9th day of October 2007 and that the same was adopted by the follOWing vote AYES NOES ABSENT ABSTAIN VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item No 16 Page 6 of 82 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA APPROVING VESTING TENTATIVE PARCEL MAP NO 34978 WHICH SUBDIVIDES 28 76 ACRES OF LAND WITHIN THE CANYON HILLS SPECIFIC PLAN INTO ONE (1) LOT WHEREAS Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of Vesting Tentative Parcel Map No 34978 which subdivides 28 76 acres of land within the Canyon Hills Specific Plan Into one (1) lot (the SubdIVIsIon) and WHEREAS the SubdivIsion IS located on the north Side of Railroad Canyon Road and WHEREAS the Planning Commission of the City of Lake Elsinore considered the proposed SubdivIsion at ItS regularly scheduled September 18 2007 meeting and made a recommendation that the City Council approve Vesting Tentative Parcel Map 34978 and WHEREAS the City Council of the City of Lake Elsinore IS responsible for making decIsions pertaining to the subdivIsion of land and WHEREAS public notice of the SubdivIsion has been given and the City Council has considered eVidence presented by the Community Development Department and other Interested parties at a public hearing held with respect to thIs Item on October 9 2007 NOW THEREFORE the City Council of the City of Lake Elsinore California does hereby resolve as follows SECTION 1 The City Council has considered Vesting Tentative Parcel Map 34978 and hereby finds and determines that the SubdivIsion complies with the requirements of Title 16 of the Lake Elsinore MUnicipal Code SECTION 2 That In accordance with the SubdivIsion Map Act and requirements of the Lake Elsinore MUnicipal Code the City Council makes the follOWing findings for the approval of Vesting Tentative Parcel Map No 34978 1 The SubdIvIsion together With the proVIsions for the design and Improvement are consistent WIth the General Plan Zoning Code Title 16 of the MUnicipal Code relating to SubdiVISions and the State SubdivIsion Map Act 1 Agenda Item No 16 Page 7 of 82 Canyon HIlls SpecIfic Plan Amendment No 2 desIgnates the SubdIvIsIon sIte as multI famIly resIdentIal (MF1) ConsIstent wIth that desIgnatIOn the SubdIVIsIOn wIll accommodate a multI famIly resIdentIal project wIth a densIty of up to 15 dwellmg umts per acre The SubdIVIsIon IS consIstent wIth the desIgnated land use development and desIgn standards and all other appropnate reqUIrements contamed m the General Plan Canyon HIlls SpecIfic Plan Amendment No 2 and SubdIVISIon Map Act 2 The SubdiVISion IS compatible with the objectives policies general land uses and programs specified In the General Plan (Government Code Section 66473 5) The SubdIVISIon IS consIstent WIth the land use plan development and deSIgn standards and programs and all other appropnate reqUIrements con tamed m the General Plan and Canyon HIlls SpecIfic Plan Amendment No 2 TentatIve Parcel Map No 34978 IS consIstent WIth the MF1 deSIgnatIon and applicable development and deSIgn standards 3 The effects this SubdiVISion IS 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 The SubdIVISIon IS consIstent WIth the CIty s General Plan Zonmg Code and the Canyon HIlls SpecIfic Plan Amendment No 2 The SubdIVIsIon WIll provIde necessary publIC servIces and factlttles WIll pay all appropnate fees and WIll not result m any adverse enVIronmental Impact 4 The deSign of the SubdiVIsion provides to the greatest extent possible for future passive or natural heating or cooling opportunities In the subdiVISion (Government Code Section 66412 3) The SubdIVISIOn WIll comply WIth all appropnate conservatIon reqUIrements of the CIty and Umform BUlldmg Code SECTION 3 Based upon all of the eVidence presented the above findings and the conditions of approval Imposed upon the Entitlements the City Council finds that the Entitlements are exempt from the MSHCP SECTION 4 ThiS Resolution shall take effect from and after the date of ItS passage and adoption 2 Agenda Item No 16 Page 8 of 82 PASSED APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore Callfornla this 9th day of October 2007 ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 3 Agenda Item No 16 Page 9 of 82 APPROVED AS TO FORM BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss CITY OF LAKE ELSINORE ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore California hereby certify that Resolution No was adopted by the City Council of the City of Lake Elsinore California at a regular meeting held on the 9th day of October 2007 and that the same was adopted by the follOWing vote AYES NOES ABSENT ABSTAIN VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item No 16 Page 10 of 82 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING RESIDENTIAL DESIGN REVIEW NO 2006 09 FOR THE HUNTER S RIDGE CONDOMINIUM COMMUNITY WITHIN VESTING PARCEL MAP NO 34978 WHEREAS Pardee Homes has filed an application with the City of Lake Elsinore requesting Residential Design Review approval for the Hunter s Ridge Condominium Community and ultimate development within Vesting Parcel Map No 34978 (the Design Review) and WHEREAS the Planning Commission of the City of Lake Elsinore considered the Design Review at ItS regularly scheduled September 18 2007 meeting and made a recommendation that the City Council approve the Design Review and WHEREAS the City Council of the City of Lake Elsinore IS responsible for making decIsions regarding Design Review requests for residential projects and WHEREAS pursuant to the California Environmental Quality Act (Cal Pub Res Code ~~ 21000 ef seq CEQA) and the CEQA GUidelines (14 C C R ~~ 15000 ef seq) 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 pursuant to CEQA the City Council finds and determines that thiS project IS environmentally cleared by the Addendum to the Final EIR for the Canyon Hills Specific Plan The Design Review does not present substantial changes or new information regarding the potential environmental Impacts of development and WHEREAS public notice of the SubdivIsion has been given and the City Council has considered eVidence presented by the Community Development Department and other Interested parties at a public hearing held with respect to thiS Item on October 9 2007 NOW THEREFORE the City Council of the City of Lake ElSinore California does hereby resolve as follows SECTION 1 The City Council has considered the proposed deSign and bUIlding elevations for the Hunter s Ridge Condominium Community and has found them acceptable The City Council finds and detenmnes that the Hunter s 1 Agenda Item No 16 Page 11 of 82 Ridge Condominium Community design IS consistent with Amendment No 2 of the Canyon Hills SpeCific Plan SECTION 2 The City Council finds and determines that the Design Review IS environmentally cleared by the Addendum to the Final EIR for the Canyon Hills SpeCific Plan The Design Review application will not result In any Significant environmental Impacts SECTION 3 That In accordance with Lake Elsinore MUnicipal Code Chapter 1782 the City Council makes the following findings for the approval of ReSidential DeSign ReView No 2006 09 1 The DeSign ReView complies with the Goals Objectives and Policies of the General Plan and the Canyon Hills SpeCifiC Plan Amendment No 2 as approved The General Plan deSIgnates the sIte as Canyon HIlls SpeCIfic Plan The Canyon HIlls SpeCIfic Plan Amendment No 2 deSIgnates the sIte as MF1 Vestmg Parcel Map No 34978 and the Hunter's RIdge CondommlUm Commumty wIll collectIvely lead to the constructIon of a multI famIly condommlum development that IS consIstent wIth Canyon HIlls SpeCIfic Plan Amendment No 2 2 This DeSign ReView complies with the deSign directives contained In Chapter 17 82 060 and all other applicable provIsions of the Lake Elsinore MUniCipal Code The DeSIgn ReVIew IS appropnate to the sIte and surroundmg developments m that It WIll result m the constructIon of multI famIly attached umts m accordance wIth appropnate development and deSIgn standards con tamed m Canyon HIlls SpeCIfic Plan Amendment No 2 The DeSIgn ReVIew creates mterest and varymg vIstas as a person moves along any street wlthm the Hunter's RIdge Commumty The DeSIgn ReVIew also complements the qualIty of eXlstmg nelghbonng development and wIll contmue to proVIde VIsually pleasmg deSIgn and archItecture wlthm the project area 3 Conditions and safeguards pursuant to Chapter 1782070 including guarantees and eVidence of compliance with conditions have been Incorporated Into the approval of the DeSign ReView to ensure development of the property In accordance with the General Plan MUniCipal Code and Canyon Hills SpeCific Plan Amendment No 2 The CIty CouncIl has conSIdered the DeSIgn ReVIew and fmds that wIth the attached condItIons of approval the DeSIgn ReVIew compiles wIth the purposes and objectIVes of the General Plan Mumclpal Code and Canyon HIlls SpeCIfic Plan Amendment No 2 2 Agenda Item No 16 Page 12 of 82 SECTION 4 Based upon all of the eVidence presented the above findings and the conditions of approval Imposed upon the Entitlements the City Council finds that the Entitlements are exempt from the MSHCP SECTION 5 This Resolution shall take effect from and after the date of ItS passage and adoption PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake ElSinore California thiS 9th day of October 2007 ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 3 Agenda Item No 16 Page 13 of 82 APPROVED AS TO FORM BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss CITY OF LAKE ELSINORE ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore California hereby certify that Resolution No was adopted by the CIty Council of the City of Lake Elsinore California at a regular meeting held on the 9th day of October 2007 and that the same was adopted by the following vote AYES NOES ABSENT ABSTAIN VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item No 16 Page 14 of 82 APPROVED AS TO FORM BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss CITY OF LAKE ELSINORE ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore California hereby certify that Resolution No was adopted by the City Council of the City of Lake Elsinore California at a regular meeting held on the 9th day of October 2007 and that the same was adopted by the follOWing vote AYES NOES ABSENT ABSTAIN VIVIAN M MUNSON CITY CLERK C.~ uf- uw~ f"(~ ~fU- 4 Agenda Item No 16 Page 15 of 82 'z 0 ~ II< W DO U ::I> 3 J :z: ... t) Q D Z I~ ~ ... :> 0 '" "" '" :z: I~ '" '" i 0 0 I ~ :z: S ~ ~ ... . . . . . lQ ~ . .- . . . . ~ . .... ~ of: ( II> ... ~ 0 ... 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Z II< :z: i:! :5 ... ... :z: ""0 fii (l.) -.J Canyon Hills Agenda Item No 16 Page 16 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200615, VESTING TENTATIVE PARCEL MAP NO 34978 AND RESIDENTIAL DESIGN REVIEW NO 2006 09 HUNTER'S RIDGE GENERAL CONDITION 1 The applicant shall defend (with counsel acceptable to the City) indemnify and hold harmless the City Its Officials Officers Employees and Agents from any claim action or proceeding against the City Its Officials Officers Employees or Agents to attach set aSide VOId or annul an approval of the City ItS adVISOry agencies appeal boards or legislative body concerning the Conditional Use Permit No 200615 Vesting Tentative Parcel Map No 34978 and Residential DeSign ReView No 2006 09 (Hunter s Ridge) project attached hereto CONDITIONAL USE PERMIT NO 2006-15 2 Conditional Use Permit No 2006-15 approved herein shall lapse and shall become VOId one (1) year follOWing the date on which the use permit became effective unless prior to the eXpiration of one year a bUilding permit IS Issued and construction commenced and diligently pursued toward completion on the site 3 The Conditional Use Permit shall comply With the all applicable requirements of the Lake ElSinore MUniCipal Code Title 17 unless modified by approved Conditions of Approval 4 The Conditional Use Permit granted herem shall run With the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of thiS approval 5 Prior to final certificate of occupancy of the Conditional Use Permit 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 6 The applicant shall at all times comply With Section 1778 (NOise Control) of the Lake ElSinore MUniCipal Code which requires nOise or sound levels to be below 50 deCibels between the hours of 700 am to 1000 pm and below 40 deCibels between the hours of 10 00 pm to 7 00 am In nearby reSidential areas 7 Security lighting shall be required All exterior on sIte lighting shall be shielded and directed on site so as not to create glare onto neighboring property and streets or allow Illumination above the hOrizontal plane of the fixture Planning CommiSSion City Council Agenda Item No 16 Page 17 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200615, VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006 09 HUNTER S RIDGE VESTING TENTATIVE PARCEL MAP NO 34978 .s Vesting Tentative Parcel Map No 34978 will expire two (2) years from date of approval unless within that penod of time the CC&R s and an appropriate Instrument has been filed and recorded with the County Recorder or an extension of time IS granted by the City of Lake Elsinore City Council In accordance with the SubdivIsion Map Act 9 The Vesting Tentative Parcel 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 10 Prior to final certificate of occupancy of Vesting Tentative Parcel 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 11 Prior to the first certificate of occupancy the applicant shall prepare and record CC&R s against the condominium complex The CC&R s shall be reviewed and approved by the Community Development Director or Designee and the City Attorney The CC&R s shall Include methods of maintaining common areas parking and drive aisle areas landscaped areas including parkways and methods for common maintenance of all underground and above ground utility Infrastructure Improvements necessary to support the complex In addition CC&R s shall establish methods to address design Improvements 12 The CC&R s shall expressly designate the City of Lake ElSinore as a third party beneficiary to the CC&R s such that the City has the right but not the obligation to enforce the proVIsions of the CC&R s 13 No Unit In the development shall be sold unless a corporation association property owner's group or similar entity has been formed With the right to financially assess all properties individually owned or JOintly owned which have any rights or Interest In the use of the common areas and common faCIlities In the development such assessment power to be suffiCient to meet the expenses of such entity and With authOrity to control and duty to maintain all said mutually available features of the development Such entity shall operate under recorded CC&R s which shall Include compulsory membership of all owners of lots and/or dwelling Units and fleXibility of assessments to meet changing costs of maintenance repairs and services Recorded CC&R s shall permit enforcement by the City for proVISions reqUired as Conditions of Approval The developer shall submit eVidence of compliance With thiS requirement to and receive approval of the City pnor to making any such sale ThiS condition shall not apply to land dedicated to the City for public purposes Planning CommiSSion City CounCil Agenda Item No 16 Page 18 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 2006 15 VESTING TENTATIVE PARCEL MAP NO 34978 AND RESIDENTIAL DESIGN REVIEW NO 2006 09 HUNTER S RIDGE 14 ProvIsions to restrict parking upon other than approved and developed parking spaces shall be written Into the covenants conditions and restrictions for each project 15 Membership In the Home Owner's Association shall be mandatory for each buyer and any successive buyer 16 Reciprocal covenants conditions and restnctlons and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed and embody one (1) homeowner s association with common area for the total development of the subject project 17 In the event the association or other legally responsible person(s) fall to maintain said common area In such a manner as to cause same to constitute a public nUisance said City may upon proper notice and heanng institute summary abatement procedures and Impose a lien for the costs of such abatement upon said common area indiVidual umts or whole thereof as prOVided by law 18 Each umt owner shall have full access to commonly owned areas facilities and utilities 19 The applicant shall continue to comply with those mitigation measures Identified In the Mitigation Momtonng Program adopted with the Environmental Impact Report prepared for the Canyon HIlls SpeCIfic Plan 20 The developer shall continue to comply with the terms and requirements contained In the BO and CO Issued by the USFWS In 1992 for the Cottonwood Hills SpeCific Plan and was subsequently amended on Apnl19 2002 and July 16 2002 21 The applicant shall place a weatherproof 3 x 3 sign at the entrance to the project site IdentifYing the approved days and hours of construction (7 AM - 7 PM Monday through Fnday With no construction activity to occur on Saturdays Sundays or legal holidays) activity and a statement that complaints regarding the operation can be lodged With the City of Lake ElSinore Code Enforcement DIVISion (951) 6743124 RESIDENTIAL DESIGN REVIEW NO 2006 09 22 DeSign ReView approval for Residential DeSign ReView No 2006 09 Will lapse and be VOid unless bUilding permits are Issued Within one (1) year of City Council approval The Commumty Development Director may grant an extension of time of up to one (1) year per extension pnor to the expiration of the Imtlal DeSign ReView approval Application for a time extension must be submitted to the City of Lake ElSinore one (1) month pnor to the expiration date Planning CommiSSion City Council Agenda Item No 16 Page 19 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200615 VESTING TENTATIVE PARCEL MAP NO 34978 AND RESIDENTIAL DESIGN REVIEW NO 2006 09 HUNTER'S RIDGE 23 Conditions of Approval shall be reproduced on page one of bUilding plans submitted to the Building DIVISion Plan Check All Conditions of Approval shall be met prior to the Issuance of a Certificate of Occupancy and release of utilities 24 All site Improvements approved with this request shall be constructed as indicated on the approved site plan and elevations RevIsions to approved site plans or bUilding elevations shall be subject to the review of the Commumty Development Director All plans submitted for Building DIVISion Plan Check shall conform to the submitted plans as modified by Conditions of Approval or the Planmng Commission/City Council through subsequent action 25 All roof mounted or ground support air conditioning umts or other mechamcal equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not vIsible from neighbOring property or public streets Any material covering the roof equipment shall match the primary wall color 26 All extenor on site lighting shall be shielded and directed on site so as not to create glare onto neighbOring property and streets or allow Illumination above the hOrizontal plane of the fixture All light fixtures shall match the architectural style of the bUilding 27 No exterior roof ladders shall be permitted 28 Applicant shall use roofing materials with Class A fire rating 29 The Planmng DIvIsion shall approve the location of any construction trailers utilized dUring construction All construction trailers shall require a cash bond processed through the Planmng DIVISion 30 Materials and colors depicted on the plans and materials board shall be used unless modified by the Commumty Development Director or deSignee 31 Decorative paving shall be Included at the dnve entryways and shall be shown on the construction draWings submitted to BUilding and Safety 32 On site surface drainage shall not cross Sidewalks 33 Parking stalls shall be developed pursuant to the reqUirements of the Canyon Hills Specific Plan 34 All exposed slopes In excess of three feet (3) In height shall have a permanent Irrigation system and erosion control vegetation Installed approved by the Planmng DIVIsion Planning Commission City CounCil Agenda Item No 16 Page 20 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 2006 15, VESTING TENTATIVE PARCEL MAP NO 34978 AND RESIDENTIAL DESIGN REVIEW NO 2006 09 HUNTER'S RIDGE PRIOR TO BUilDING/GRADING PERMITS 35 Prior to Issuance of any grading permit or bUilding permits the applicant shall sign and complete an Acknowledgement of Conditions form and shall return the executed original to the Planning DIvIsIon for inclusIon In the case records 36 Prior to the commencement of grading operations the applicant shall proVide a map of all proposed haul routes to be used for movement of dirt material Such routes shall be subject to the review and approval of the City Engineer A bond may be required to pay for damages to the public right of -way subject to the approval of the City Engineer 37 Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted reviewed and approved by the City s Landscape Architect Consultant and the Community Development Director or deSIgnee prior to Issuance of bUilding permit A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant s fee plus forty percent (40%) City fee a) All planting areas shall have permanent and automatIc sprinkler system With 100% plant and grass coverage uSing a combination of drip and conventional Irrigation methods b) Applicant shall plant street trees selected from the Cltys Street Tree List a maximum of forty feet (40) apart and at least twenty four Inch (24 ) box In size c) All planting areas shall be separated from paved areas With a SIX Inch (6 ) high and SIX Inch (6 ) WIde concrete curb d) Planting Within fifteen feet (15) of Ingress/egress pOints shall be no higher than thirty SIX Inches (36 ) e) Landscape planters shall be planted With an appropriate parking lot shade tree to provide for 50% parking lot shading In fifteen (15) years f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan g) The landscape plan shall provide for ground cover shrubs and trees and meet all requirements of the City s adopted Landscape GUidelines Special attention to the use of Xerlscape or drought resistant plantlngs With combination drip Irrigation system to be used to prevent excessive watering Planning CommiSSion City Council Agenda Item No 16 Page 21 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200615 VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006-09 HUNTER'S RIDGE h) All landscape Improvements shall be bonded 100% for matenal and labor for two years from installation sign off by the City Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or DeSignee I) All landscaping and Irrigation shall be Installed within affected portion of any phase at the time a Certificate of Occupancy IS requested for any bUilding All planting areas shall Include plantlngs In the Xenscape concept drought tolerant grasses and plants J) Final landscape plan must be consistent with approved site plan k) Final landscape plans to Include planting and Irrigation details 38 Applicant shall comply with the reqUirements of the ElSinore Valley MUniCipal Water Dlstnct (EVMWD) Proof shall be presented to the Chief BUilding OffiCial pnor to Issuance of bUilding permits and final approval 39 Prior to Issuance of bUilding permits applicant shall provide assurance that all required fees to the Lake ElSinore Unified School Dlstnct have been paid 40 Prior to Issuance of bUilding permits applicant shall provide assurance that all requirements of the Riverside County FIre Department have been met 41 Pnor to Issuance of building permIts applicant shall pay all applicable fees per the approved Development Agreement PRIOR TO ISSUANCE OF A BUILDING PERMIT 42 The Home Owner s ASSOCiation shall be established pnor to the occupancy release of the first dwelling Unit ENGINEERING 43 Construct vehicle turn around at each gated location Turn around shall be constructed outside the gate as shown on the approved site plan 44 All Public Works requirements shall be complied with as a condition of development as specified In the Lake ElSinore MUniCipal Code (LEMC) pnor to final map approval 45 Pay all Capital Improvement and Plan Check fees (LEMC 1634 Resolution 85 26) Planning CommiSSion City Council Agenda Item No 16 Page 22 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200615, VESTING TENTATIVE PARCEL MAP NO 34978 AND RESIDENTIAL DESIGN REVIEW NO 2006 09 HUNTER S RIDGE 46 Submit a Will Serve letter to the City Engineering DIVISion from the applicable water agency stating that water and sewer arrangements have been made for this project Submit this letter prior to final map approval 47 Construct all public works Improvements per approved street plans (LEMC 1204) All streets providing access shall be constructed prior to Issuance of first certificate of occupancy 48 Street Improvement plans and speCifications shall be prepared by a Calif Registered CIVil Engineer Improvements shall be deSigned and constructed to Riverside County Road Department Standards latest edition and City Codes (LEMC 1204 and 1634) 49 BUilding set backs shall comply to the H/2 requirement as deSCribed In the Uniform BUilding Code 50 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 51 PrOVide fire protection facIlities as reqUired In writing by Riverside County Fire 52 All Improvement plans shall be digitized and submitted at Certificate of Occupancy The applicant shall submit tapes and/or diSCS which are compatible With City s ARC Info/GIS or developer to pay $300 per sheet for City digitiZing 53 All utilities except electrical over 12 KV shall be placed underground as approved by the serving utility STREET IMPROVEMENTS 54 Construct private roadway Improvements a minimum 24 feet Wide extending from the project entrance to the public right of way connection at Railroad Canyon Road 55 Construct the ultimate driveway entrance Width as shown In VTPM 34979 for both connections to Railroad Canyon Road 56 On site pnvate dnveways shall be constructed to a minimum 24 feet Wide 57 The maximum longitudinal grade along the private dnve shall not exceed 15% unless otherwise stipulated by the Fire Department 58 ProVide CAL TRANS standard Sight distance at all intersections particularly at the connection to Railroad Canyon Road Planning CommiSSion City CounCil Agenda Item No 16 Page 23 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200615 VESTING TENTATIVE PARCEL MAP NO 34978 AND RESIDENTIAL DESIGN REVIEW NO 2006 09 HUNTER'S RIDGE 59 Dnve Isle clear width shall comply with Fire Department requirements 60 Pay all fees and meet requirements of encroachment permit Issued by the Englneenng DIvIsion for construction of public works Improvements within the eXisting Street Right of way(LEMC 12 08 and Resolution 83 78) 61 Street lights constructed along Railroad Canyon Road shall be 22 000 HPSV as reqUired 62 Developer shall Install blue reflective pavement markers In the street at all fire hydrant locations In accordance with City Standards 63 Applicant shall submit a traffic control plan showing all traffic control deVices for the tract to be approved pnor to first occupancy All traffic control deVices shall be Installed pnor to final inspection of public Improvements and Issuance of first certificate of occupancy This Includes No Parking and Street Sweeping Signs for streets Within the tract 64 Identify traffic study and prOVide support documentation In which the proposed project was taken Into conSideration GRADING 65 All compaction reports grade certifications monument certifications (With tie notes delineated on 8 Y:. X 11 Mylar) shall be submitted to the Englneenng DIVISion before final inspection of public works Improvements Will be scheduled and approved 66 The applicant shall Install permanent bench marks In accordance With RiverSide County Standards 67 Applicant shall obtain all necessary off site easements or permiSSion for off site grading from the adjacent property owners pnor to bUilding permit Issuance 68 ProVide for a 6 foot bench With a 3 foot Wide V ditch every 3D-vertical feet 69 Apply and obtain a grading permit With appropnate secunty pnor to bUilding permit Issuance A grading plan Signed and stamped by a Calif 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 stili be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading beginS Planning Commission City CounCil Agenda ltem No 16 Page 24 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200615 VESTING TENTATIVE PARCEL MAP NO 34978 AND RESIDENTIAL DESIGN REVIEW NO 2006 09 HUNTER S RIDGE 70 Provide sOils geology and seismiC report Including street design recommendations Provide final solis report showing compliance with recommendations 71 An AlqUls Pnolo study shall be performed on the site to Identify any hidden earthquake faults and/or liquefaction zones present on site Documentation from a licensed geologist or geotechnical engineer certifying the non eXistence of thiS condition Will also be acceptable 72 All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 If applicable for stability and proper erosion control All manufactured slopes greater than 30 ft In height shall be contoured and constructed with drainage ditches every 30 vertical feet 73 Pnor to commencement of large scale grading operations applicant shall provide to the City a map of all proposed haul routes to be used for movement of export matenal Such routes shall be subject to the review and approval of the City Engineer DRAINAGE 74 Provide street lighting and show lighting Improvements as part of street Improvement plans on Railroad Canyon Road The spacing of the street lights shall conform to the City Standard street light spacing 75 IndiVidual lot drainage shall be conveyed to a public faCIlity or accepted by adjacent property owners by a notanzed and recorded letter of drainage acceptance or conveyed to an established drainage easement 76 On site dramage facilities located outsIde of road right of way should be contained Within drainage easements shown on the final map or by separate Instrument 77 All natural drainage traversing site shall be conveyed through the site or shall be collected and conveyed by a method approved by the City Engineer 78 Submit Hydrology and Hydraulic Reports for review and approval by City Engineer pnor to approval of final map Developer shall mitigate any flooding and/or erosion caused by development of site and diverSion of drainage The report shall venfy Impacts of storm water on eXisting faCIlities 79 Applicant shall convey on and off site drainage to an Improved drainage faCIlity 80 All drainage facilities In thiS tract shall be constructed to RiverSide County Flood Control Dlstnct Standards Planning Commission Cltv Council Agenda Hem No 16 Page 25 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 2006-15 VESTING TENTATIVE PARCEL MAP NO 34978 AND RESIDENTIAL DESIGN REVIEW NO 2006 09 HUNTER S RIDGE 81 Provide on site detention for the Increased runoff produced by the project 82 Storm drain Inlet facIlities shall be appropriately stenciled to prevent Illegal dumping In the drain system the wording and stencil shall be approved by the City Engineer 83 Roof and yard drainS shall not outlet directly through cuts In the street curb Roof drains shall drain through a minimum of twenty (20) feet of landscaped area 84 A drainage acceptance letter Will be necessary from the downstream property owners for outlettlng the proposed stormwater run off on private property 85 Applicant Will be required to Install BMP s uSing the best available technology to mitigate any urban pollutants from entering the watershed 86 Applicant shall proVide the city With proof of hiS haVing filed a Notice of Intent With the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program With a storm water pollution prevention plan prior to Issuance of grading permits The applicant shall prOVide a Storm Water Pollution Prevention Plan (SWPPP) for construction actiVities and a Water Quality Management Plan (WQMP) detailing the permanent clean water features The WQMP shall Include a maintenance program for post construction compliance With the City s Clean Water Runoff Program 87 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 stormwater quality and met the goals of the BMP In Supplement A In the Riverside County NPDES Drainage Area Management Plan 88 Intersecting streets on the InSide radiUS of a curve will only be permitted when adequate Sight distance IS verified by a registered CIVil engineer 89 Applicant shall proVide a homeowner s aSSOCiation With CC & R s for maintenance of the open space private roads and proposed drainage/debris baSinS 90 In accordance With the City s Franchise Agreement for waste disposal & 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 COMMUNITY SERVICES DEPARTMENT 91 Applicant shall pay applicable park fees unless documentation IS proVided otherwise Planning Commission City COUtl911 Agenda Item NO 16 Page 26 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006 09 HUNTER'S RIDGE 92 No park credits shall be given for pnvate park areas open space or recreation facllltfes constructed within the development 93 The developer shall utilize CR&R for all construction debns removal hauling and recycling as per City ordinance 94 The City landscape architect shall review and approve all landscaping plans 95 The Home Owner s Association (HOA) shall maintain all landscaped areas including landscaping at entrances at Railroad Canyon Road per Vestfng TPM 34979 open space water quality baSin and alllntenor plantlngs 96 The Home Owner s ASSOCiation (HOA) shall maintain all block walls and keep them free of graffiti 97 All Intenor roads street signs street markings Sidewalks enhanced concrete to be maintained by the Home Owner s ASSOCiation (HOA) 98 Water quality baSin outlet to meet all requirements of the RiverSide County Flood Control Army Corps of Engineers and the City of Lake ElSinore DEPARTMENT OF ADMINISTRA TIVE SERVICES 99 Pnor to the Issuance of the first bUIlding permit the applicant shall annex Into Community FaCIlities Dlstnct 2003 01 to offset the annual negative fiscal Impacts of the project on public safety operations and maintenance Issues In the City 100 Pnor to the Issuance of the first bUilding permit the applicant shall annex Into lighting and Landscape Maintenance Dlstnct No 1 to offset the annual negative fiscal Impacts of the project on public nght of way landscaped areas to be maintained by the City and for street lights In the public nght of way for which the City will pay for electnclty and a maintenance fee to Southern California Edison RIVERSIDE COUNTY FIRE DEPARTMENT 101 The applicant shall comply With all requirements of the RiverSide County Fire Department Fire protection measures shall be proVided In accordance With RiverSide County ordinances and/or recognized fire protection standards 102 Blue retro reflective pavement markers shall be mounted on public streets and dnveways to indicate location of fire hydrants Pnor to Installation placement of markers shall be approved by the County Fire Department Planning Commission City CounCil Agenda Item No 16 Page 27 of 82 CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM ROLFE M PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE SEPTEMBER 18, 2007 PREPARED BY KIRT A COURY, PROJECT PLANNER PROJECT TITLE CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978 (FOR CONDOMINIUM PURPOSES), AND RESIDENTIAL DESIGN REVIEW NO 2006-09 FOR HUNTER'S RIDGE APPLICANT/ OWNER DAVID D DUNHAM, PARDEE HOMES, 10880 WILSHIRE BOULEVARD, SUITE 1900, LOS ANGELES, CA 90024 PROJECT REOUEST The request before the Planmng CommISSIOn IS for the followmg dIscretIOnary applIcatIons . CondItIOnal Use PermIt No 2006-15 Approve CondItIOnal Use PermIt No 2006 15 to allow for 193 mdlvldually-owned attached condommmm umts WIth an assocIated common area pursuant to Canyon HIlls SpecIfic Plan Amendment No 2 and Chapter 1774 (CondItIOnal Use PermIts) and applIcable chapters of the LEMC . Vestmg TentatIve Parcel Map No 34978 Recommend to the CIty CouncIl approval of Vestmg TentatIve Parcel Map No 34978 (For Condommmm Purposes), pursuant to Canyon HIlls SpeCIfic Plan Amendment No 2 SectIOn 16 SubdIVISIOns of the Lake Elsmore Mumclpal Code (LEMC), Chapter 1730 (Condommmms and Condommmm ConversIOns) of the LEMC and SectlOn(s) 66424 and 66427 of the CalIfornIa SubdIVISIon Map Act Agenda Item No 16 Page 28 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006-09 SEPTEMBER 18, 2007 . ReSidentIal Design Review No 2006-09 Recommend to the City Council approval of ReSidentIal Design Review No 2006-09 for the design and constructIon of thlrty-mne (39) reSidential condommlUm bUlldmgs, which mclude 193 mdlvldually-owned, attached condommlUm umts and related Improvements The proposed Design Review IS pursuant to Canyon Hills SpeCific Plan Amendment No 2 and Chapter 17 82 (DeSign Review) and applicable chapters of the LEMC PROJECT LOCATION The requested ConditIOnal Use Permit No 2006 15, Vestmg Tentative Parcel Map No 34978 and ReSidentIal Design Review No 2006-09 encompass all ofPlannmg Area No 1 ThiS Plannmg Area totals approximately 28 76 acres and IS located on the north side of Railroad Canyon Road Exhibit A prOVides a "Location Map which presents the overall Canyon Hills SpeCific Plan area ENVIRONMENTAL SETTING EXISTING ZONING GENERAL PLAN LAND USE J Project Vacant MF1 (PA 1), Canyon Hills Canyon Hills SpeCific Site SpeCific Plan Plan North Vacant Open Space, Canyon Hills Canyon Hills SpeCific SpeCific Plan Plan South Vacant Open Space and MF2 (P A Canyon Hills SpeCific 2) Canyon Hills SpeCific Plan Plan West Vacant Open Space and San Canyon Hills SpeCific Jacmto River Canyon Plan Hills SpeCific Plan East Vacant Open Space Canyon Hills Canyon Hills SpeCific SpeCific Plan Plan Agenda Item No 16 Page 29 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006-09 SEPTEMBER 18, 2007 BACKGROUND At the August 21, 2007 Planmng Commission meetmg, the apphcant requested that the IdentIfied project be contmued to work out Items relatmg to the proposed Parcel Map Smce that meetmg, staff and the apphcant have resolved those Items and have brought the prOject back for Plannmg CommissIOn review and approval PROJECT DESCRIPTIONS ConditIOnal Use Permit No 2006-15 The apphcant requests approval of a ConditIOnal Use Permit to allow for 193 mdlvldually-owned, attached condommlUm umts With an associated common area pursuant to Canyon Hills Specific Plan Amendment No 2 and Chapter 1774 (Conditional Use Permits) and apphcable chapters of the LEMC The common areas and the residential condommlUms Will be entitled by way of a ConditIOnal Use Permit The Planmng CommiSSIOn IS delegated With the responslblhty of consldenng and approvmg, conditionally approvmg or denymg Conditional Use Permits The Planmng Commission IS authonzed to Impose reasonable conditions of approval on the Conditional Use Permit VestlDl!: Tentative Parcel Map No 34978 The apphcant requests approval of Vestmg Tentative Parcel Map No 34978 to estabhsh a residential condommlUm commumty wlthm Planmng Area No 1 CondommlUm projects are defined as "subdivIsIOns' pursuant to SectIOns 66424 and 66427 of the Cahforma SubdlVlsIOn Map Act Consequently thiS project reqmres Plannmg CommiSSIOn and City CounCil consideratIOn pursuant to the reqmrements of Section 16 "SubdiVISions' and Chapter 17 30 (Condommmms and CondommlUm ConverSIOns) of the Lake Elsmore Mumclpal Code (LEMC) (Exhibit 'B ) The condommlUm concept Will offer mdlvldual dwelhng umts for sale wlthm each condommmm bmldmg as defined by Vestmg Tentative Parcel Map No 34978 while shanng common mterest, ownership and mamtenance responSlblhtIes wlthm the common areas These common areas mclude a Recreation Center With Agenda Item No 16 Page 30 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006-09 SEPTEMBER 18, 2007 sWlmmmg pool/JacuzzI area, lockers assembly room, exercise room, kids room, offices kitchen, concierge, and terrace area barbeques and fire place overhead wood trelhses With plcmc tables, open lawn play area tot lots, cabanas, common walls and fences, aisle ways, pavement, monument SignS, mall boxes, landscaped areas, and onslte underground and aboveground utlhty mfrastructure Improvements necessary to service and support the condommmm community The air space for the common areas and the reSidential condommmms Will also be estabhshed With the Vestmg Tentative Parcel Map ReSIdential Desl!!:n ReVIew No 2006-09 The followmg deSCrIbes the varIOUS deSIgn components and features of the proposed Hunter's fudge Condommmm Commumty mcludmg sltmg, cIrculatIOn and parkmg layout, landscapmg monumentatlOn walls and fences, and archItecture Sltm!! The apphcant IS proposmg to develop the vacant site With 39 two story detached reSidential condommlUm bmldmgs totalmg approximately 302615 square feet Exhibit C Identifies the project s Site Plan The proposed condommlUm bUlldmgs Will cover thirty three percent (33%) of the project site and Will be developed at a maximum denSity of 6 7 dwellmg unitS per gross acre and 11 6 dwellmg umts per net acre The project site IS deSignated MFl by Canyon Hills SpeCific Plan Amendment No 2 which estabhshes a maximum denSity of 15 dwelhng umts per acre The pavement and common areas Will cover thirty seven percent (37%) and thirty percent (30%) of the Site, respectively The bUlldmgs Will consist of fourteen (14) four-umt condommlUm bUlldmgs, thirteen (13) five umt bUlldmgs, and twelve (12) SiX-unit bUlldmgs The four-umt bmldmg Will total approXimately 6,102 square feet The five umt bUlldmg Will total approXimately 7,679 square feet The SIX umt bUlldmg w1l1 total approximately 9780 square feet The condommmms wlll be comprIsed of 1,275 square feet umts which mclude two (2) bedrooms and 2 5 baths 1 577 square feet umts which mclude two (2) bedrooms With loft and 2 5 baths, 1 625 square feet umts which mclude three (3) bedrooms and 2 5 baths and 2 038 square feet umts Agenda Item No 16 Page 31 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006-09 SEPTEMBER 18, 2007 whICh mclude four (4) bedrooms and 2 5 baths Each of the condommlUms wIll be provIded WIth an enclosed two-car attached garage The condommlUm bUlldmgs have been strategICally sItuated at vaned onentatlOns throughout the project SIte Due to the topography of the SIte, the project has been desIgned to create a clustenng arrangement of bUlldmgs to accommodate the eXIstmg natural slopes and contours In addItlon, the bUlldmgs have been ahgned to fashlOn common areas m the front of each bUlldmg The common areas wIll then proVIde pedestnan access throughout the SIte, as well as provIdmg OpportunItles for outdoor enjoyment Pedestnan walkways and pnvate drIves have been thoughtfully mtegrated mto the SIte as well, provIdmg for safe and efficIent pedestnan and vehIcular cIrculatlOn CirculatIOn and Parkmt! Lavout Access wIll be proVIded along RaIlroad Canyon Road VIa two (2) 50-foot wIde, mcludmg medIans gated entnes The gates wIll be located approxImately 80 feet back from the face of the curb and wIll proVIde secunty access to the commumty The area m front of the entry gates wIll allow for adequate vehIcular stackmg as well as turn-around areas Decoratlve stamped concrete WIll proVIde defimtlOn at the entnes and at strategIc pedestnan crossmgs wIthm the SIte, creatmg a vehIcle calmmg deVIce for safe pedestnan access The dnveways wIthm the SIte are pnvate streets and wIll be mamtamed by the I Home Owner s AssocIatlOn (HOA) The wIdth of the two pnmary dnveway entrIes allows for vehIcular cIrculatlon and wIll have 60 feet of nght-of way, compnsed of two (2) 20-foot travel ways, 10-foot medIan, and two (2) five foot sIdewalks The project prOVIdes two enclosed parkIng spaces per dwellIng umt In addItIOn 102 open guest parkIng spaces wIll be proVIded at strategIc 10catlOns throughout the commumty A total of 490 parkmg spaces wIll be prOVIded, the SpeCIfic Plan reqUlres 452 parkmg spaces Fourteen (14) guest parkmg spaces wIll be located near the RecreatIOn Center area HandIcap parkmg wIll be proVIded as well, allowmg for dIsabled access to the RecreatlOn Center area as reqUlred by the BUll dIng and Safety DIVISIOn Agenda Item No 16 Page 32 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006-09 SEPTEMBER 18, 2007 LandscaDln2 The project Will provide a total of 375 835 square feet of landscapmg throughout or thirty percent (30%) of the project site It should be noted that landscapmg area also mcludes all deSignated Open Space The common landscaped area Will be mamtamed by the HOA (Exhibit 'D ) Green" court/paseo areas With meandenng pedestnan walkways Will be proVided between the bUlldmgs Landscapmg mcludes assorted ground cover shrubs and trees The meandenng pedestnan walkways throughout the commumty Will be augmented with turf ground cover and vanous shrubs and trees MonumentatlOn. Walls and Fences MonumentatlOn will be provided near the project's entry to Identify the proposed Hunter's Ridge community The monumentatlOn will be deSigned With a five foot (5 ) tapered pilaster at ItS highest pomt, then tapermg down to a 2 1/2 foot tapered pilaster Matenals mclude stone veneer and cap which IS consistent With other monumentatIon features found throughout the Canyon Hills area The guard house and entry gates Will be Similarly deSigned With SIX foot (6') stone veneer pilasters The gate Will be made of decorative tubular steel Five foot (5 ) tubular steel fencmg will be located along the penmeter of the project site (Exhibits E') Architecture Three (3) dlstmctIve architectural styles, Craftsman, Mediterranean and Tuscan deSign, Will be offered for the proposed condommlUm bUlldmgs The Craftsman architecture IS charactenzed by Simulated wood out-lookers wood sldmg at gables pot shelves ledger stone veneer accents flat concrete tile roofs, stucco-fimsh decoratIve foam surround With metal shroud chunneys, stucco sand-fimshed walls stucco-fimsh decoratIve foam surround door and wmdow trIms wood tnm surround along sldmg and sectIOnal roll up doors The Mediterranean architecture IS charactenzed by wood-beaded sldmg at gable ends Simulated wood shutters pot shelves, stone veneer, and recessed wmdow accents S tIle concrete roofs stucco- fimsh decorative foam surround WIth metal shroud chImneys stucco sand fimshed Agenda Item No 16 Page 33 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006-09 SEPTEMBER 18, 2007 walls, stucco-fimsh decoratIve foam surround door and window tnms, wood tnm surround along siding, and sectIOnal roll-up doors The Tuscan architecture IS charactenzed by simulated wood beaded siding at gable ends simulated wood shutters pot shelves stone veneer and recessed window accents, concrete StIle I roofs, stucco-fimsh decorative foam surround with metal shroud chimneys stucco sand fimshed walls, stucco- fimsh decorative foam surround door and window tnms, wood tnm surround along siding, and sectIOnal roll-up doors Exhibits F' and G' Identify the condominIUm's elevatIOns and floor plans The RecreatIOnal Center BUilding will be deSigned as a single-story structure The bUlldmg has been deSigned to mcorporate stone veneer, wood columns, and S-tIle concrete roof A tower feature With a turret shaped roof will also be Incorporated In the deSign proViding vertical character to the bUilding (Exhibit 'H') ANALYSIS Staff supports the requested applicatIOns for the follOWing reasons ConditIOnal Use Permit No 2006-15 City Planning and Engmeenng departments have reviewed the ConditIOnal Use Permit request and have no concerns Issuance of a ConditIOnal Use Permit IS a necessary prereqUisite for the 193 'indiVidually owned attached condominIUm umts to be constructed Within the project site Chapter 17 30 (CondominIUms and CondommlUm ConversIOns) of the LEMC states that The City realizes that certain uses have operatIonal charactenstlcs that dependmg upon the locatIon and deSign of the use, may have the potentIal to negatIvely Impact adjOinIng properties busmesses or reSidents Said uses therefore require a more comprehenSive review and approval procedure, mcludmg the ability to conditIOn the project In order to mitIgate any detnmental Impact In order to achieve thiS, the Planning CommiSSIOn IS empowered to grant and to deny applicatIOns for ConditIOnal Use Permits and to Impose reasonable conditIOns upon granting of ConditIonal Use Permits Agenda Item No 16 Page 34 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006-09 SEPTEMBER 18, 2007 VestlDl! TentatIve Parcel Map No 34978 I City Plannmg and Engmeenng departments have reviewed the proposed Vestmg Tentative Parcel Map If the recommended conditIOns of approval are Imposed, staff has no concerns regardmg the Vestmg Tentative Parcel Map The proposed Vestmg Tentative Parcel Map IS consistent with development standards contamed m the SpeCific Plan Amendment No 2 document m terms of lot Size, street Widths, and other Plannmg and Engmeermg standards and reqUirements The Vestmg Tentative Parcel Map area IS located wlthm Plannmg Area No 1, which has an underlymg zomng of MFl The MFl deSignatIOn permits multi-family attached reSidential product The proposed project IS consistent With the MFl deSignatIOn Vestmg Tentative Parcel Map No 34978 IS reqUired to establish the Hunter's Ridge CondommlUm Commumty wlthm Plannmg Area No 1 The vestmg tentative parcel map IS consistent With SectIOns 66424 and 66427 of the California SubdiVISion Map Act, and SectIOn 16 SubdiVISions and Chapter 17 30 (CondommlUms and CondommlUm ConversIOns) of the Lake Elsmore MuniCipal Code Consldenng the potential ramification to the general health, safety, comfort, or general welfare of the commumty extra attentIOn has been paid to speCific details related to development of the proposed condommlUm project mc1udmg site plannmg mternal vehicular and pedestnan circulatIOn landscape buffenng common area amemtles (I e SWimmIng pool JaCUZZI, plcmc areas, etc), architectural compatibility and other related development and deSign Issues Staff believes the project IS well deSigned and addresses those deSign and development Issues which support approval of the requested Vested Tentative Parcel Map ReSidential Desll!n ReVIew No 2006-09 City Planmng and EngIneerIng departments have reViewed the requested DeSign ReView applicatIOn and have no concerns Staff believes that those deSign amemtIes and features assOCiated With the project s sltmg, circulatIOn and parkmg layout, landscapIng monumentatIon walls and fences and architecture have resulted In a well deSigned condomInIUm commumty Staff believes that the project IS compatible With the overall Canyon Hills SpeCific Plan area and those eXistIng and future developments that neighbor the project site Agenda Item No 16 Page 35 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978, AND'RESIDENTIAL DESIGN REVIEW NO 2006-09 SEPTEMBER 18, 2007 RECOMMENDATION It is recommended that the Planmng CommissiOn adopt the followmg ResolutiOns 1 ResolutiOn No 2007 _ recommendmg that the City Council make Fmdmgs that the Project is consistent With the Multiple Species Habitat ConservatiOn Plan (MSHCP) 2 Resolution No 2007-_ approvmg Conditional Use Permit No 2006-15 for the Hunter's Ridge Condommmm Commumty 3 ResolutiOn No 2007-_ recommendmg that the City COllllcll approve Vestmg Tentative Parcel Map No 34978 4 ResolutiOn No 2007-_ recommendmg that the City CounCil approve Residential DeSign ReView No 2006-09 for the Hunter's Ridge Condommmm Commumty These recommendatiOns are based on the findmgs, exhibits and conditions of approval attached to thiS Staff Report PREPARED BY KIRT A COURY, PROJECT PLANNER APPROVED BY ROLFE M PREISENDANZ, I DIRECTOR OF COMMUNITY DEVELOPMENT Agenda Item No 16 Page 36 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-15, VESTING TENTATIVE PARCEL MAP NO 34978, AND RESIDENTIAL DESIGN REVIEW NO 2006-09 SEPTEMBER 18, 2007 ATTACHMENTS 1 ResolutIOn No 2007- recommendmg that the CIty CouncIl make Fmdmgs that the Project IS consIstent WIth the MultIple SpecIes HabItat ConservatIOn Plan (MSHCP) 2 ResolutIOn No 2007-_ approvmg CondItIOnal Use PermIt No 2006 15 for the Hunter's RIdge Condommmm Commumty 3 ResolutIon No 2007 _ recommendmg that the CIty CounCIl approve Vestmg TentatIve Parcel Map No 34978 4 ResolutIon No 2007-_ recommendmg that the CIty CouncIl approve ReSIdential DeSIgn ReVIew No 2006 09 for the Hunter s RIdge Condommmm Commumty 5 CondItIOns of Approval 6 ExhIbItS A' VIcImty Map 'B' Vestmg TentatIve Parcel Map No 34978 'C SIte Plan 'D' Landscape Plan 'E' MonumentatIon and Wall Plans F BUIldmg ElevatIons 'G' Floor Plans 'H' RecreatIOnal Center ElevatIOns and Floor Plans I Color PresentatIon Booklet (Pardee Homes) 'J' Full SIze Plans K Colored SIte Plan (presented at heanng) 'L Colored Bmldmg ElevatIOns (presented at hearmg) M' Color and Matenals Board (presented at heanng) Agenda Item No 16 Page 37 of 82 RESOLUTION NO 2007-159 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Pardee Homes has submitted applIcatIons for ConditIOnal Use Permit No 2006 15 Vestmg Tentative Parcel Map No 34978 and ReSidential Design Review No 2006 09 (the Entitlements"), for the development of the Hunter s Ridge CondommlUm Community wlthm the Canyon Hills SpeCific Plan on the north Side of Railroad Canyon Road, and WHEREAS, SectIon IV(D) of the City of Lake Elsmore s MSHCP Implementmg ResolutIOn expressly exempts from the MSHCP Any project for which and to the extent that vested nghts to proceed With the project notwlthstandmg the enactment of thiS ResolutIOn eXist under the common laws of the State of CalIfornia a vestmg tentatIve map pursuant to the SubdiVISIOn Map Act a development agreement pursuant to Government Code sectIon 65864 et seq, or other mstrument approved or executed by the City pnor to adoptIon of thiS ResolutIOn Projects subject to thiS exemptIOn must comply With all proVISIOns of any applicable state and federal law WHEREAS, publIc notice of the Entitlements has been gIVen and the Planmng CommissIOn has conSidered eVidence presented by the Commumty Development Department and other mterested parties at a public heanng held With respect to thiS Item on September 18, 2007 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Plannmg Commission has conSidered the Project and ItS exemption from the MSHCP, pnor to makmg a recommendatIOn that the City Council adopt findmgs that the project IS mdeed exempt SECTION 2 That m accordance With the Lake Elsmore Mumclpal Code and the MSHCP the Plannmg Commission makes the followmg findmgs Agenda Item No 16 Page 38 of 82 PLANNING COMMISSION RESOLUTION NO 2007-159 PAGE 2 OF4 I The Project IS a project under the City's MSHCP Resolution and the City must make an MSHCP Consistency findmg before approval The Entitlements are exempt from the CIty s MSHCP ResolutIOn On July 9 1990 the City and Pardee Grossman/Cottonwood Canyon entered mto that certain development agreement (the Development Agreement ) which expressly exempted the Developer from responsibility for any new development Impact fees The Development Agreement Will expire on July 9 2010 Even though the Entitlements are exempt from the MSHCP the Developer must comply with other state andfederallaws Consistent with federal law the applicant had prepared a project-specific Habitat Conservation Plan and has a history of extensive coordinatIOn with the Wildlife agencies Where approvedfor development the project site has already been graded cleared or developed In accordance with the Project HCP Given the foregOing no further actIOn regardmg the MSCHP IS reqUired 2 The proposed project IS subject to the City s LEAP and the County s Jomt Project ReView processes See Response #1 above 3 The proposed project IS consistent with the RtpananlR1verme Areas and Vemal Pools Gmdelmes See Response #1 above 4 The proposed project IS consistent With the ProtectlOn of Narrow EndemiC Plant Species Gmdelmes See Response #1 above 5 The proposed project IS consistent With the Urban/Wildlands Interface Gmdelmes See Response #1 above 6 The proposed project IS consistent With the VegetatlOn Mappmg reqmrements See Response #1 above Agenda Item No 16 Page 39 of 82 PLANNING COMMISSION RESOLUTION NO 2007-159 PAGE30F4 7 The proposed project IS consistent with the Addlttonal Survey Needs and Procedures See Response #1 above 8 The proposed project IS consistent With the Fuels Management GUldelmes See Response #1 above 9 The proposed project Will be condltlOned to pay the City s MSHCP Local Development MlttgatlOn Fee Developer IS exempt from payment of the City s MSHCP Local Development MitigatIOn Fee by virtue of the Development Agreement 10 The proposed project IS consistent With the MSHCP See Response #1 above SECTION 3 Based upon the eVidence presented, the above findmgs and the attached conditions of approval the Plannmg CommlSSlOn hereby recommends that the City CounCil find that the Entttlements are exempt from the MSHCP SECTION 4 This ResolutlOn shall take effect from and after the date of ItS passage and adoptlOn PASSED, APPROVED AND ADOPTED this 18th day of September 2007, by the followmg vote AYES COMMISSIONERS GONZALES, MENDOZA FLORES, ZANELLI NOES COMMISSIONERS ABSENT COMMISSIONERS O'NEAL ABSTAIN COMMISSIONERS Michael O'Neal Chairman Lake Elsmore Plannmg CommlsslOn Agenda Item No 16 Page 40 of 82 PLANNING COMMISSION RESOLUTION NO 2007-159 PAGE 4 OF 4 ATTEST Rolfe M Prelsendanz Director of Community Development Agenda Item No 16 Page 41 of 82 RESOLUTION NO 2007-160 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO 2006-15 WHEREAS, Pardee Homes filed an apphcatlOn wIth the CIty of Lake ElsInore requestIng approval of CondItIonal Use PermIt No 2006-15 for the constructIOn and estabhshment of one hundred and nInety three (193) Indlvldually- owned attached condomInIUm UnIts wIthIn the Hunter's RIdge CommunIty of the Canyon HIlls SpeCIfic Plan area (the 'ProJect"), and WHEREAS the Project SIte encompasses 28 76 acres and IS located on the north sIde of Rmlroad Canyon Road (the Project SIte) and WHEREAS the PlannIng CommIssIOn of the CIty of Lake ElsInore has been delegated wIth the responslblhty of consldenng and eIther approvIng, condItIOnally approvIng, or denYIng condItIonal use permIts, and WHEREAS pursuant to the Cahfomla EnvIronmental Quahty Act (Cal Pub Res Code SS 21000 et seq CEQA") and the CEQA GUIdelInes (14 C C R SS 15000 et seq), pubhc 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 GUldehnes SectIon 15006) and WHEREAS CEQA GUldehnes SectIon 15162(a) states that' When an EIR has been certIfied or negatIve declaratIOn adopted for a project no subsequent EIR shall be prepared for that project unless the lead agency determInes on the basIs of substantIal eVIdence In the hght of the whole record one or more of the folloWIng I SubstantIal changes are proposed In the project whIch WIll reqUIre major revIsIons of the prevIous EIR or negatIve declaratIOn due to the Involvement of new SIgnIficant envIronmental effects or a substantIal Increase In the seventy of preVIOusly IdentIfied SIgnIficant effects 2 SubstantIal changes occur WIth respect to the cIrcumstances under whICh the project IS undertaken whIch WIll reqUIre major revIsIons of the prevIous EIR or negatIve declaratIOn due to the Involvement of new SIgnIficant envIronmental effects or a substantIal Increase In the seventy of preVIOusly IdentIfied SIgnIficant effects, or Agenda Item No 16 Page 42 of 82 PLANNING COMMISSION RESOLUTION NO 2007-160 PAGE20F6 3 New mformatIOn of substantial Importance which was not known and could not have been known With the exercise of reasonable diligence at the time the prevIOus EIR was certified as complete or the negative declaratIOn was adopted, shows any of the followmg (A) The project Will have one or more significant effects not discussed m the prevIOUS EIR or negative declaratIOn, (B) Significant effects prevIOusly exammed Will be substantially more sever than shown m the prevIous EIR (C) MItigatIOn measures or alternatives previously found not the be feasible would m fact be feasible and would substantially reduce one or more slgmficant effects of the project but the project proponents decline to adopt the mitigatIOn measure or alternative or (D) MItigatIOn measures or alternatIVes which are considerably different from those analyzed m the prevIous EIR would substantially reduce one or more slgmficant effects on the environment but the project proponents decline to adopt the mitigatIOn measure or alternative' and WHEREAS Addendum No 2 to the certified Fmal EnVironmental Impact Report, State Clearmghouse No 87111606 (the FEIR") for the Cottonwood Hills SpeCific Plan was prepared and approved by the City CounCil m March 2007 to address mmor changes assOCiated With SpeCific Plan Amendment No 2 to the Cottonwood Hills SpeCific Plan (renamed the Canyon Hills SpeCific Plan as part of SpeCific Plan Amendment No 2), and WHEREAS, the Project was contemplated by SpeCific Plan Amendment No 2 and does not present substantial changes or new mformatIOn regardmg the potential environmental Impacts that were analyzed m the FEIR or the changes addressed m Addendum No 2 and WHEREAS, public notice of the Project has been given and the Planmng CommissIOn has conSidered eVidence presented by the Community Development Department and other mterested parties at a public hearmg held With respect to thiS Item on September 18 2007 Agenda Item No 16 Page 43 of 82 PLANNING COMMISSION RESOLUTION NO 2007-160 PAGE30F6 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Planmng CommIssIOn has consIdered the Project and has found that It IS consIstent WIth the Lake Elsmore MunIcIpal Code and Canyon HIlls SpecIfic Plan Amendment No 2 SECTION 2 The Planmng CommIssIOn finds and determmes that m accordance wIth CEQA Gmdelmes SectIon 15162 the Project does not present a substantIal change or new mformatlOn that would reqmre further CEQA analysIs The envIronmental Impacts assocIated wIth development of the Project were contemplated by the FEIR and were fully analyzed and mItIgated therem No new CEQA documentatIon IS necessary for the Project SECTION 3 That m accordance wIth Lake Elsmore Mumclpal Code Chapter 1774 the Plannmg CommIssIOn makes the followmg findmgs for the approval of CondItIonal Use PermIt 2006 15 I The proposed use, on ItS own ments and wlthm the context of ItS settmg, IS m accord wIth the objectIves of the General Plan and the purpose of the planmng dlstnct m whIch the SIte IS located The Hunter s Ridge Condomznlum Community Will be developed at a density of 11 6 dwellzng Units per acre which IS consistent with the Canyon Hills Specific Plan Amendment No 2 deslgnatzon of MF 1 which accommodates residential development of up to 15 dwellzng Units per acre The Project IS consistent with the designated land use development and design standards and all other approprzate reqUirements contazned zn the General Plan Canyon Hills Specific Plan Amendment No 2 and Lake Elsznore MUnicipal Code 2 The proposed use w1l1 not be detnmental to the general health safety comfort or welfare of persons resldmg or workmg wlthm the neIghborhood of the proposed use or the City or mJurlous to property or Improvements m the neIghborhood or the CIty The Project Will not be detrzmental to the health safety comfort or general welfare of the persons resldzng or workzng near It The Project Will not be InjUrzOUS to property or Improvements zn the project area or wlthzn the City Agenda Item No 16 Page 44 of 82 PLANNING COMMISSION RESOLUTION NO 2007-160 PAGE 4 OF 6 All applzcable City Departments and Agencies have been afforded the opportunzty for a thorough review of the Project and have zncorporated all applzcable comments and/or conditIOns related to znstallatlOn and mazntenance of landscapzng street dedicatIOns regulatIOns of poznts of vehicular zngress and egress and control of potential nUisances so as to elzmznate any negative Impacts to the general health safety comfort or welfare of the surroundzng neighborhood or the City 3 The sIte for the mtended use IS adequate m SIze and shape to accommodate the use and for all the yards, setbacks, walls or fences, landscapmg, buffers and other features reqUIred The Project has been designed zn consideratIOn of the size and shape of the property thereby strengthenzng and enhanczng the Immedzate areas The Project will complement the qualzty of nelghborzng eXlstzng and future uses by creatzng vlsually-pleaszng development Staff has substantzated that all applzcable City Departments and Agencies have been afforded the opportunzty for a thorough review of the Project and have zncorporated all applzcable comments and/or conditIOns related to znstallatlOn and mazntenance of landscapzng street dedicatIOns regulatIOns of poznts of vehicular zngress and egress and control of potential nUisances so as to elzmznate any negative Impacts to the general health safety comfort or general welfare of the surroundzng neighborhood or the Czty 4 The SIte for the proposed use relates to streets and hIghways WIth proper deSIgn both as to Width and type of pavement to carry the type and quantity of traffic generated by the subject use Approval of the Project Will not result zn Significant new traffic Impacts The Project does not znvolve modificatIOn to the circulatIOn system or roadway layout as It exiStS under the ongznal Specific Plan and Specific Plan Amendment No 2 The Home Owner s AssoczatlOn (HOA) Will be responsible for mazntenance of the roadways Surroundzng roadways to the Project have been constructed With the overall Canyon Hills Specific Plan and have suffiCient capacity to service the Project 5 The project complIes WIth the deSign dIrectIves contamed m SectIon 17 82 060 and all other applIcable provIsIOns of the MUnICIpal Code Agenda Item No 16 Page 45 of 82 PLANNING COMMISSION RESOLUTION NO 2007-160 PAGE 5 OF 6 The Project IS appropriate to the sIte and surroundmg developments m that the condomlmum umts and bUlldmgs and recreatIOnal center have been deSIgned WIth archztectural and deSign features treatments and articulatIOn which blend mto the landscape and topography of the area Further the Project Will create a vlsually-pleasmg commumty that WIll not detract from exlstmg and future development m the area m terms of archItectural deSign color and materials 6 Subject to the attached condItIOns of approval the proposed project IS not antIcIpated to result many slgmficant adverse envIronmental Impacts The Project has been reVIewed and condztlOned by all apphcable City departments Those condztlOns of approval ensure that the Project Will not result many slgmficant adverse envIronmental Impacts 7 CondItIOns and safeguards pursuant to Chapters 1774050 have been mcorporated mto the approval of the CondItIOnal Use PermIt to ensure that the use contmues m a manner envIsIOned by these findmgs for the term of the use After extensive review of the Project zt was determmed that the condztlOns of approval Imposed upon the Project ensure that adjommg propertIes and reSIdents Will not be negatively Impacted by the Project SECTION 4 Based upon all of the eVIdence presented, both oral and wntten the above findmgs and the condItIOns of approval Imposed upon the ProJect, the Planmng CommIssIon hereby approves CondItIOnal Use PermIt No 2006 15 SECTION 5 ThIS ResolutIOn shall take effect from and after the date of ItS passage and adoptIOn Agenda Item No 16 Page 46 of 82 PLANNING COMMISSION RESOLUTION NO 2007-160 PAGE60F6 PASSED, APPROVED AND ADOPTED this 18th day of September 2007, by the followmg vote AYES COMMISSIONERS GONZALES MENDOZA, FLORES, ZANELLI NOES COMMISSIONERS ABSENT COMMISSIONERS ABSTAIN COMMISSIONERS ONEAL Michael O'Neal, Chairman City of Lake Elsmore ATTEST Rolfe PreJsendanz Director of Community Development Agenda Item No 16 Page 47 of 82 RESOLUTION NO 2007-161 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF VESTING TENTATIVE PARCEL MAP NO 34978 I I I I I I WHEREAS, Pardee Homes has filed an applicatIOn With the City of Lake Elsmore requestmg approval of Vestmg Tentative Parcel Map No 34978 which subdivides 28 76 acres ofland wlthm the Canyon Hills SpeCific Plan mto one (1) lot (the SubdivIsIOn), and WHEREAS the SubdivIsion IS located on the north Side of RaIlroad Canyon Road, and WHEREAS the Planmng Commission of the City of Lake Elsmore has been delegated with the responsibility of makmg recommendatIOns to the City CouncIl pertammg to the subdivIsIOn of land, and WHEREAS pursuant to the CalifornIa Environmental QualIty Act (Cal Pub Res Code SS 21000 et seq "CEQA") and the CEQA GUIdelInes (14 C C R SS 15000 et seq) publIc agencies are expressly encouraged to reduce delay and paperwork assocIated With the ImplementatIOn of CEQA by usmg 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 GUldelmes Section 15162(a) states that' When an EIR has been certified or negative declaratIOn adopted for a project no subsequent EIR shall be prepared for that project unless the lead agency determmes on the baSIS of substantIal eVidence m the lIght of the whole record one or more of the followmg 1 Substantial changes are proposed m the project which Will reqUIre major revIsions of the prevIOus EIR or negatIve declaratIOn due to the mvolvement of new Significant environmental effects or a substantIal mcrease m the seventy of preViously Identified slgmficant effects 2 Substantial changes occur With respect to the circumstances under which the project IS undertaken which wIll reqUIre major reVISIOns of the prevIous EIR or negatIve declaratIOn due to the mvolvement of new slgmficant environmental effects or a substantIal mcrease m the seventy of preViously IdentIfied slgmficant effects, or Agenda Item No 16 Page 48 of 82 PLANNING COMMISSION RESOLUTION NO 2007-161 PAGE20F5 3 New mformatlon of substantIal Importance which was not known and could not have been known With the exercise of reasonable dilIgence at the time the prevIOus EIR was certified as complete or the negative declaratIOn was adopted, shows any of the followmg (A) The project will have one or more significant effects not discussed m the prevIous EIR or negative declaratIOn (B) Slgmficant effects previously exammed wIll be substantIally more sever than shown m the prevIOus EIR, (C) MItIgatIOn measures or alternatIves previously found not the be feaSible would m fact be feaSible and would substantIally reduce one or more Significant effects of the project, but the project proponents declIne to adopt the mitIgatIOn measure or alternatIve, or (D) MItIgatIOn measures or alternatives which are conSiderably different from those analyzed m the prevIOus EIR would substantIally reduce one or more slgmficant effects on the environment, but the project proponents declme to adopt the mitIgatIOn measure or alternatIve" and WHEREAS Addendum No 2 to the certified Fmal EnVironmental Impact Report, State Cleannghouse No 87111606 (the FEIR) for the Cottonwood Hills SpeCific Plan was prepared and approved by the City CounCil m March 2007 to address mmor changes associated With SpeCific Plan Amendment No 2 to the Cottonwood Hills SpeCific Plan (renamed the Canyon Hills SpeCific Plan as part of SpeCific Plan Amendment No 2), and WHEREAS the SubdlVlslOn was contemplated by SpeCific Plan Amendment No 2 and does not present substantIal changes or new mformatlOn regardmg the potentIal environmental Impacts that were analyzed m the FEIR or the changes addressed m Addendum No 2, and WHEREAS, publIc notIce of the SubdivIsion has been gIVen and the Planmng Commission has conSidered eVidence presented by the Commumty Development Department and other mterested parties at a publIc hearmg held with respect to thiS Item on September 18 2007 Agenda Item No 16 Page 49 of 82 PLANNING COMMISSION RESOLUTION NO 2007-161 PAGE30F5 NOW, THEREFORE THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The Planmng CommIssIOn has consIdered the SubdIvIsIOn pnor to makmg a decIsIOn to recommend that the CIty CouncIl approve the applIcatIOn The Planmng CommIssIOn hereby finds and determmes that the SubdIvIsIon complIes wIth the reqUIrements of TItle 16 of the Lake Elsmore MumcIpal Code SECTION 2 The Planmng CommIssIOn finds and determmes that m accordance WIth CEQA GUIdelInes SectIOn 15162 the SubdIVIsIOn does not present a substantIal change or new mformatlOn that would reqUIre further CEQA analysIs The envIronmental Impacts assocIated With development of the SubdIVIsIon were contemplated by the FEIR and were fully analyzed and mItIgated therem No new CEQA documentatIOn IS necessary for the SubdIVIsIOn SECTION 3 That m accordance WIth the SubdIVIsIOn Map Act and the Lake Elsmore MUlllcIpal Code, the Planlllng CommISSIOn makes the followmg findmgs for the approval ofVestmg TentatIve Parcel Map No 34978 1 The SubdIVISIOn together WIth the provIsIOns for the deSIgn and Improvement, are consIstent WIth the General Plan ZOlllng Code, TItle 16 of the Mumclpal Code relatmg to SubdlVlSlons and the State SubdIVIsIon Map Act Canyon Hills Specific Plan Amendment No 2 deSignates the SubdiVISIOn site as multl-famlly resldentwl (MFl) Consistent with that deSignatIOn the SubdIVISIOn will accommodate a multl-famlly resldentwl project With a denSity of up to approximately 12 dwellmg umts per acre The SubdiVISIOn IS consistent with the deSignated land use development and deSign standards and all other appropriate requirements contamed In the General Plan Canyon Hills Specific Plan Amendment No 2 and SubdiVISIOn Map Act 2 The SubdIVISIOn IS compatIble WIth the obJectIves, polICIes general land uses and programs speCIfied m the General Plan (Government Code SectIon 66473 5) The SubdiVISIOn IS consistent with the land use plan development and deSign standards and programs and all other approprwte reqUirements contained In Agenda Item No 16 Page 50 of 82 PLANNING COMMISSION RESOLUTION NO 2007-161 PAGE40F5 the General Plan and Canyon Hills Specific Plan Amendment No 2 Vesting Tentative Parcel Map No 34978 IS consistent with the MFl designatIOn and apphcable development and design standards 3 The effects thIS SubdIVIsIon IS lIkely to have upon the housmg needs of the regIOn, the publIc servIce reqUIrements of ItS reSIdents, and the avaIlable fiscal and envIronmental resources have been consIdered and balanced The SubdlvlSlon IS consistent With the City s General Plan Zoning Code and the Canyon Hills Specific Plan Amendment No 2 The SubdlVlslOn Will provide necessary pubhc services and faclhtles will pay all appropriate fees and Will not result In any adverse environmental Impact 4 The deSIgn of the SubdIVIsIon proVIdes to the greatest extent possIble for future paSSIve or natural heatmg or coolmg OpportunItIes m the subdIVIsIOn (Government Code SectIOn 66412 3) The SubdiVISIOn Will comply With all appropriate conservation reqUirements of the City and Uniform BUilding Code SECTION 4 Based upon all of the eVIdence presented, the above findmgs and the condItIons of approval Imposed upon the Project the Planmng CommISSIOn hereby recommends that the CIty CouncIl approve Vestmg TentatIve Parcel Map No 34978 SECTION 5 ThiS ResolutIOn shall take effect from and after the date of ItS passage and adoptIOn PASSED, APPROVED AND ADOPTED thIS 18th day of September 2007 by the followmg vote AYES COMMISSIONERS GONZALES, MENDOZA, FLORES, ZANELLI NOES COMMISSIONERS ABSENT COMMISSIONERS O'NEAL ABSTAIN COMMISSIONERS Agenda Item No 16 Page 51 of 82 PLANNING COMMISSION RESOLUTION NO 2007-161 PAGE50F5 ATTEST Rolfe M Prelsendanz Director of Commumty Development Michael O'Neal, Chairman Lake ElsInore PlaJInIng ComnnsslOn Agenda Item No 16 Page 52 of 82 RESOLUTION NO 2007-162 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO 2006-09 , II I I' I , Ii II II I I WHEREAS, Pardee Homes has filed an applicatIOn with the City of Lake Elsmore requestmg Residential DeSign ReView approval for the Hunter s Ridge Condommmm Commumty and ultimate development withm Parcel Map No 34978 (the "ProJect"), and WHEREAS, the Plannmg Commission of the City of Lake Elsmore has been delegated With the responsibility of approvmg DeSign ReView requests for residential projects wlthm the Canyon Hills Specific Plan and WHEREAS, pursuant to the California EnVironmental Quality Act (Cal Pub Res Code SS 21000 et seq CEQA') and the CEQA GUldelmes (14 C C R SS 15000 et seq) public agencies are expressly encouraged to reduce delay and paperwork associated with the ImplementatIOn of CEQA by usmg preVIOusly prepared environmental documents when those preVIOusly prepared documents adequately address the potential Impacts of the proposed project (CEQA GUldelmes Section 15006) and WHEREAS, CEQA GUldelmes Section l5l62{a) states that When an EIR has been certified or negative declaratIOn adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determmes on the baSIS of substantial eVidence m the light of the whole record, one or more of the followmg 1 Substantial changes are proposed m the project which will reqUIre major reVlSlons of the prevIOus EIR or negative declaratIOn due to the mvolvement of new Significant environmental effects or a substantial mcrease m the seventy of preVIOusly Identified Significant effects Ii :' , 'I I, I I I I, , I, 2 Substantial changes occur With respect to the circumstances under which the project is undertaken which Will reqUire major reViSions of the preViOUS EIR or negative declaratIOn due to the mvolvement of new Significant environmental effects or a substantial mcrease m the seventy of preVIOusly Identified Significant effects or 3 New mformatlon of substantial Importance, which was not known and could not have been known With the exercise of reasonable diligence at the time Agenda Item No 16 Page 53 of 82 PLANNING COMMISSION RESOLUTION NO 2007-162 PAGE20F4 the prevIous EIR was certIfied as complete or the negatIve declaratIOn was adopted, shows any of the follOWIng (A) The project WIll have one or more sIgnIficant effects not dIscussed In the prevIOus EIR or negatIve declaratIOn (B) SIgnIficant effects prevIously examIned WIll be substantIally more sever than shown In the prevIous EIR, (C) MItIgatIOn measures or alternatIves prevIously found not the be feasIble would In fact be feasIble and would substantIally reduce one or more SIgnIficant effects of the project but the project proponents declIne to adopt the mItIgatIOn measure or alternatIve, or (D) MItIgatIOn measures or alternatIves whIch are consIderably dIfferent from those analyzed In the prevIOus EIR would substantIally reduce one or more SIgnIficant effects on the envIronment, but the project proponents declIne to adopt the mItIgatIOn measure or alternatIve , and WHEREAS, Addendum No 2 to the certIfied FInal EnvIronmental Impact Report State ClearInghouse No 87111606 (the "FEIR") for the Cottonwood HIlls SpecIfic Plan was prepared and approved by the CIty CouncIl In March 2007 to address mInor changes assocIated wIth SpecIfic Plan Amendment No 2 to the Cottonwood HIlls SpecIfic Plan (renamed the Canyon HIlls SpecIfic Plan as part of SpecIfic Plan Amendment No 2), and WHEREAS, the Project was contemplated by SpecIfic Plan Amendment No 2 and does not present substantIal changes or new InformatIOn regardIng the potentIal envIronmental Impacts that were analyzed In the FEIR or the changes addressed In Addendum No 2, and WHEREAS, publIc notIce of the Project has been gIven, and the PlannIng CommISSIOn has consIdered eVIdence presented by the Commumty Development Department and other Interested partIes at a publIc hearIng held WIth respect to thIS Item on September 18, 2007 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS Agenda Item No 16 Page 54 of 82 PLANNING COMMISSION RESOLUTION NO 2007-162 PAGE 3 OF 4 SECTION 1 The Plannmg CommiSSIOn has conSidered the proposed design and bUlldmg elevatIOns for the Hunter s RIdge CondommlUm Commumty and has found them acceptable The Planmng CommiSSIOn finds and determmes that the Hunter s RIdge CondommlUm Community design IS consistent with Amendment No 2 of the Canyon Hills SpeCific Plan SECTION 2 The Planmng CommiSSIOn finds and determmes that m accordance With CEQA GUidelines SectIOn 15162, the Project does not present a substantial change or new mformatlOn that would reqUire further CEQA analYSIS The environmental Impacts associated With development of the Project were contemplated by the FEIR and were fully analyzed and mitigated therem No new CEQA documentation IS necessary for the Project SECTION 3 That m accordance With Lake Elsmore Municipal Code Chapter 17 82 the Plannmg Commission makes the followmg findmgs for the approval of Residential Design Review No 2006 09 1 The project complies With the Goals Objectives and Policies of the General Plan and the Canyon Hills SpeCific Plan Amendment No 2 as approved The General Plan deSignates the project site as Canyon Hills Specific Plan The Canyon Hills Specific Plan Amendment No 2 deSignates the project site as MFl Parcel Map No 34978 and the Hunter s Ridge Condommlum Commumty will collectively lead to the constructIOn of a multl-famlly condommlum development that IS consistent With Canyon Hills Specific Plan Amendment No 2 2 ThiS project complies With the deSign directIVes contamed m Chapter 17 82 060 and all other applicable provIsions of the Lake Elsmore Mumclpal Code The Project IS appropnate to the site and surroundmg developments m that If will result m the constructIOn of multl-famlly attached umts m accordance With appropnate development and deSign standards contamed m Canyon Hills Specific Plan Amendment No 2 The Project creates mterest and varymg vistas as a person moves along any street wlthm the Hunter s Ridge Commumty The Project also complements the quahty of eXlstmg nelghbormg development and will contmue to prOVide Visually pleasmg deSign and architecture wlthm the project area Agenda Item No 16 Page 55 of 82 PLANNING COMMISSION RESOLUTION NO 2007-162 PAGE40F4 3 ConditIons and safeguards pursuant to Chapter 17 82 070 mcludmg guarantees and eVidence of compliance With conditIOns, have been mcorporated mto the approval of the project to ensure development of the property m accordance With the General Plan Municipal Code, and Canyon Hills Specific Plan Amendment No 2 The Planmng CommiSSIOn has considered the Project and finds that with the attached conditIOns of approval the Project compiles with the purposes and objectives of the General Plan Mumclpal Code and Canyon Hills Specific Plan Amendment No 2 SECTION 4 Based upon the eVidence presented, the above findmgs, and the attached conditIons of approval the Planmng CommiSSIOn hereby recommends that the City Council approve Design Review 2006 09 for the Hunter s Ridge Commumty SECTION 5 ThiS ResolutIOn shall take effect from and after the date of ItS passage and adoption PASSED, APPROVED AND ADOPTED thiS 18th day of September 2007, by the followmg vote AYES COMMISSIONERS GONZALES, MENDOZA, FLORES, ZANELLI NOES COMMISSIONERS ABSENT COMMISSIONERS O'NEAL ABSTAIN COMMISSIONERS Michael 0 Neal Chairman Lake Elsmore Planmng Commission ATTEST Rolfe M PreJsendanz Director of Commumty Development Agenda Item No 16 Page 56 of 82 I , " tj j 1 t lfl III I'll! 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REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9,2007 SUBJECT VESTING TENTATIVE PARCEL MAP NO 34979 (FOR CONDOMINIUM PURPOSES) AND RESIDENTIAL DESIGN REVIEW NO 200610 FOR HIDDEN OAKS Backaround The Planning Commission considered the Entitlements at ItS regularly scheduled September 18 2007 meeting Upon review the Planning Commission determined that the Entitlements are consistent with Title 16 SubdivIsions the Canyon Hills Specific Plan and the appropriate chapters of the Lake Elsinore Municipal Code (LEMC) Therefore at the conclusion of the public hearing on September 18 2007 the Planning Commission moved to recommend that the City Council approve the Entitlements subject to the conditions of approval attached to the staff report DIscussion Items of discussion at the Planning Commission hearing were related to the site design and Parcel Map Improvements The Commission expressed satisfaction With the design and layout of the proposed development It was the majority consensus of the Planning Commission to accept staff's recommendation of approval Fiscal Impact Ultimately the proposed Entitlements will have a pOSitive fiscal Impact to the community and the City The financial analYSIS of the Entitlements estimates that the future reSidents reSiding Within Hidden Oaks Will ultimately generate sales tax revenues for the City of Lake ElSinore In addition to the sales tax revenue that Will be generated It is anticipated that the development of the Units Will proVide necessary construction Jobs Agenda Item No 17 Page 1 of 82 Vesting Tentative Parcel Map No 34979 October 9 2007 Page 2 of 2 Finally the Entitlements have been conditioned to require that the applicant contribute fees toward traffic Improvements school facilities park facIlities fire services police services water facIlities and sewer facilities Recommendations 1 Waive further reading and adopt a resolution adopting the findings that the entitlements are exempt from the Multiple Species Habitat Conservation Plan (MSHCP) 2 Waive further reading and adopt a resolution approving Vesting Tentative Parcel Map No 34979 which subdivides 28 76 acres of land within the Canyon Hills Specific Plan Into one lot 3 Waive further reading and adopt a resolution approving Residential Design Review No 2006 10 for the Hidden Oaks Condominium Community within Vesting Parcel Map No 34979 Prepared by Klrt A Coury ~ Project Planner Robert A BradY.1I. City Manager ILlY Approved by Agenda Item No 17 Page 2 of 82 ~ ...... a: ~ ... <D :.; U => 3 z t- t) Q Q Z ... a => ,~ '" C). a: '" :z; ~ a: '" Z '" 0 z .., % :i ~ s "- ~ , , , ~ . , 10 " - . ~ . . I f-1 . , ~ ~ U ( ~ ... ~ u ... a: "- ... VI t- ffi z => ... '" " .:. z z '" z => j ~ "- z "'t3 fii cu ....., Canyon Hills Agenda Item No 17 Page 3 of 82 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS Pardee Homes has submitted applications for Vesting Tentative Parcel Map No 34979 Conditional Use Permit No 2006 16 and Residential Design Review No 2006 10 (the Entitlements) for the development of the Hidden Oaks Condominium Community on the north Side of Railroad Canyon Road and WHEREAS Section IV(D) of the City of Lake ElSinore s MSHCP Implementing Resolution expressly exempts from the MSHCP Any project for which and to the extent that vested nghts to proceed with the project notwIthstanding the enactment of thiS Resolution eXist under the common laws of the State of California a vesting tentative map pursuant to the SubdivIsion Map Act a development agreement pursuant to Government Code section 65864 et seq or other Instrument approved or executed by the City pnor to adoption of thiS Resolution Projects subject to thiS exemption must comply with all provIsions of any applicable state and federal law WHEREAS public notice of the project has been given and the City Council has considered eVidence presented by the Community Development Department and other Interested parties at a public heanng held with respect to thiS Item on October 9 2007 NOW, THEREFORE the City Council of the City of Lake ElSinore California does hereby resolve as follows SECTION 1 The City Council has considered the Project and ItS consistency with the MSHCP Plan Wide Requirements pnor to adopting Findings of Consistency SECTION 2 That In accordance with the Lake ElSinore MUnicipal Code and the MSHCP the City Council makes the follOWing findings 1 The Entitlements constitute a project under the City s MSHCP Resolution and the City must make an MSHCP Consistency finding before approval The Project IS exempt from the City s MSHCP ResolutIOn On July 9 1990 the City and Pardee Grossman/Cottonwood Canyon entered mto that that certam development agreement (the Development Agreement) which expressly 1 Agenda Item No 17 Page 4 of 82 exempted the Developer from responsibility for any new development Impact fees The Development Agreement will expire on July 9 2010 Even though the Project IS exempt from the MSHCP the Developer must comply with other state and federal laws Consistent with federal law the applicant had prepared a project specific Habttat Conservation Plan and has a history of extensive coordmatlOn with the wildlife agencies Where approved for development the project site has already been graded cleared or developed In accordance with the Project HCP Given the foregoing no further actton regarding the MSCHP IS reqUired 2 The Entitlements are subject to the City s LEAP and the County s JOint Project RevIew processes See Response #1 above 3 The Entitlements are consistent with the Riparian/Riverine Areas and Vernal Pools GUIdelines See Response #1 above 4 The Entitlements are consistent with the Protection of Narrow EndemIC Plant Species GUIdelines See Response #1 above 5 The Entitlements are consistent with the UrbanNVlldlands Interface GUIdelines See Response #1 above 6 The Entitlements are consistent with the Vegetation Mapping reqUIrements See Response #1 above 7 The Entitlements are consIstent with the Additional Survey Needs and Procedures See Response #1 above 8 The Entitlements are consIstent wIth the Fuels Management GUIdelines See Response #1 above 9 The Entitlements Will be conditioned to pay the CIty s MSHCP Local Development MItigation Fee Developer IS exempt from payment of the City s MSHCP Local Development Mitigation Fee by virtue of the Development Agreement 10 The Entitlements are consistent with the MSHCP See Response #1 above 2 Agenda Item No 17 Page 5 of 82 SECTION 3 Based upon all of the eVidence presented the above findings and the conditions of approval Imposed upon the Entttlements the City Council finds that the EntItlements are exempt from the MSHCP SECTION 4 This Resolution shall take effect from and after the date of ItS passage and adoption PASSED APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore California thIs 9th day of October 2007 ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE \1 3 Agenda Item No 17 Page 6 of 82 APPROVED AS TO FORM BARBARA ZEro LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss CITY OF LAKE ELSINORE ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore California hereby certify that Resolution No was adopted by the City Council of the City of Lake Elsinore California at a regular meeting held on the 9th day of October 2007 and that the same was adopted by the following vote AYES NOES ABSENT ABSTAIN VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item No 17 Page 7 of 82 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA APPROVING VESTING TENTATIVE PARCEL MAP NO 34979 WHICH SUBDIVIDES 28 76 ACRES OF LAND WITHIN THE CANYON HILLS SPECIFIC PLAN INTO ONE (1) LOT WHEREAS Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of Vesting Tentative Parcel Map No 34978 which subdiVIdes 356 acres of land Within the Canyon Hills Specific Plan Into one (1) lot (the SubdivIsion) and WHEREAS the SubdiVISion IS located on the north Side of Rail Road Canyon Road and WHEREAS the Planning Commission of the City of Lake Elsinore consIdered the proposed SubdiVIsion at ItS regularly scheduled September 18 2007 meeting and made a recommendation that the City Council approve Vesting Tentative Parcel Map 34979 and WHEREAS the City Council of the City of Lake Elsinore is responsible for making decIsions pertaining to the subdiVISion of land and WHEREAS publiC notIce of the SubdIVISIon has been gIven and the CIty Council has considered eVidence presented by the Community Development Department and other Interested parties at a public heanng held With respect to thiS Item on October 9 2007 NOW THEREFORE, the City Council of the City of Lake ElSinore California does hereby resolve as follows SECTION 1 The City Council has considered Vesting Tentative Parcel Map 34979 and hereby finds and determines that the SubdiVIsion complies With the reqUirements of TItle 16 of the Lake ElSinore MUnicipal Code SECTION 2 That In accordance With the SubdiVIsion Map Act and requirements of the Lake ElSinore Municipal Code the City Council makes the follOWing findings for the approval of Vesting Tentative Parcel Map No 34979 1 The SubdiVIsion together With the provIsions for the design and Improvement are consistent With the General Plan ZOning Code Title 16 of the MUnicipal Code relating to SubdiVISions and the State SubdiVIsion Map Act 1 Agenda Item No 17 Page 8 of 82 Canyon HIlls SpecIfic Plan Amendment No 2 desIgnates the SubdIVIsIon sIte as multI famIly resIdentIal (MF2) ConsIstent wIth that desIgnatIOn the SubdIVIsIon WIll accommodate a multI-famIly resIdentIal project wIth a densIty of up to 24 dwelling umts per acre The SubdIVIsIon IS conSIstent wIth the desIgnated land use development and desIgn standards and all other appropnate reqUIrements contained In the General Plan Canyon HIlls SpecIfIc Plan Amendment No 2 and SubdIVIsIon Map Act 2 The SubdivIsion IS compatible with the objectives policies general land uses and programs specified In the General Plan (Government Code Section 664735) The SubdIVIsIon IS consIstent wIth the land use plan development and deSIgn standards and programs and all other appropnate reqUIrements contained In the General Plan and Canyon HIlls Speclftc Plan Amendment No 2 TentatIVe Parcel Map No 34979 IS consIstent wIth the MF2 deSIgnatIon and applIcable development and deSIgn standards 3 The effects thiS SubdivIsion IS 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 The SubdIVIsIon IS consIstent with the CIty S General Plan Zoning Code and the Canyon HIlls SpecIfic Plan Amendment No 2 The SubdIVIsIon wIll proVIde necessary publIc servIces and faCIlItIes wIll pay all appropnate fees and WIll not result In any adverse environmental Impact 4 The deSign of the SubdiVISion provides to the greatest extent possible for future passive or natural heating or cooling opportunities In the subdiVISion (Government Code Section 66412 3) The SubdIvIsIon WIll comply wIth all appropnate conservatIon reqUIrements of the CIty and Umform But/ding Code SECTION 3 Based upon all of the eVidence presented the above findings and the conditions of approval Imposed upon the Entitlements the City CounCil finds that the Entitlements are exempt from the MSHCP SECTION 4 ThiS Resolution shall take effect from and after the date of ItS passage and adoption 2 Agenda Item No 17 Page 9 of 82 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore Callforma this 9th day of October 2007 ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 3 Agenda Item No 17 Page 10 of 82 APPROVED AS TO FORM BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss CITY OF LAKE ELSINORE ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore California hereby certify that Resolution No was adopted by the City Council of the City of Lake Elsinore California at a regular meeting held on the 9th day of October 2007 and that the same was adopted by the follOWing vote AYES NOES ABSENT ABSTAIN VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item No 17 Page 11 of 82 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA APPROVING RESIDENTIAL DESIGN REVIEW NO 2006 10 FOR THE HIDDEN OAKS CONDOMINIUM COMMUNITY WITHIN VESTING PARCEL MAP NO 34979 WHEREAS Pardee Homes has filed an application with the City of Lake Elsinore requesting Residential Design Review approval for the Hidden Oaks Condominium Community and ultimate development within Vesting Parcel Map No 34979 (the Design Review) and WHEREAS the Planning Commission of the City of Lake Elsinore conSidered the Design Review at ItS regularly scheduled September 18 2007 meeting and made a recommendation that the City CounCil approve the Design Review and WHEREAS the City CounCil of the City of Lake Elsinore IS responsible for making deCISions regarding Design Review requests for reSidential projects and WHEREAS pursuant to the California EnVIronmental Quality Act (Cal Pub Res Code 99 21000 et seq CEQA) and the CEQA GUidelines (14 C C R 99 15000 et seq) 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 pursuant to CEQA the City CounCil finds and determines that this project IS environmentally cleared by the Addendum to the Final EIR for the Canyon Hills SpeCifiC Plan The Design Review does not present substantial changes or new Information regarding the potential enVIronmental Impacts of development and WHEREAS public notice of the SubdiVISIon has been given and the City CounCil has conSidered eVidence presented by the Community Development Department and other Interested parties at a public heanng held With respect to this Item on October 9 2007 NOW, THEREFORE the City CounCil of the City of Lake Elsinore California does hereby resolve as follows SECTION 1 The City CounCil has conSidered the proposed deSign and bUilding elevations for the Hidden Oaks Condominium Community and has found them acceptable The City CounCil finds and determines that the Hidden Oaks Condominium Community deSign IS consistent With Amendment No 2 of the Canyon Hills SpeCific Plan 1 Agenda Item No 17 Page 12 of 82 SECTION 2 The CIty CouncIl finds and determines that the Design Review IS environmentally cleared by the Addendum to the Final EIR for the Canyon Hills SpeCific Plan The Design Review application will not result In any Significant environmental Impacts SECTION 3 That In accordance With Lake Elsinore MUnicipal Code Chapter 17 82 the City Council makes the following findings for the approval of Residential DeSign ReView No 2006 09 1 The DeSign ReView complies With the Goals Objectives and PoliCies of the General Plan and the Canyon Hills SpeCific Plan Amendment No 2 as approved The General Plan deSignates the site as Canyon Hills SpeCific Plan The Canyon Hills SpeCific Plan Amendment No 2 deSignates the site as MF2 Vesting Parcel Map No 34979 and the Hidden Oaks CondominIUm Commumty Will collectIVely lead to the constructIOn of a multi family condominIUm development that IS consistent With Canyon Hills SpeCific Plan Amendment No 2 2 This DeSign ReView complies With the deSign directives contained In Chapter 1782060 and all other applicable provIsions of the Lake Elsinore MUniCipal Code The DeSign ReView IS appropnate to the site and surrounding developments In that It Will result In the construction of multi family attached umts m accordance With appropnate development and deSign standards con tamed m Canyon Hills SpeCific Plan Amendment No 2 The DeSign ReView creates Interest and varymg vistas as a person moves along any street Within the Hidden Oaks Condomlmum Commumty The DeSign ReView also complements the quality of eXlstmg nelghbonng development and Will continue to proVide Visually pleaSing deSign and architecture wlthm the project area 3 Conditions and safeguards pursuant to Chapter 1782070 Including guarantees and eVidence of compliance With conditions have been Incorporated Into the approval of the DeSign ReView to ensure development of the property In accordance WIth the General Plan Municipal Code and Canyon HIlls SpeCIfic Plan Amendment No 2 The City CounCil has conSidered the DeSign ReView and finds that With the attached conditions of approval the DeSign ReView compiles With the pwposes and objectives of the General Plan Mumclpal Code and Canyon Hills SpeCific Plan Amendment No 2 2 Agenda Item No 17 Page 13 of 82 SECTION 4 Based upon all of the eVidence presented the above findings and the conditions of approval Imposed upon the Entitlements the City Council finds that the Entitlements are exempt from the MSHCP SECTION 5 This Resolutron shall take effect from and after the date of ItS passage and adoptron PASSED APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake ElSinore California thiS 9th day of October 2007 ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 3 Agenda Item No 17 Page 14 of 82 APPROVED AS TO FORM BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss CITY OF LAKE ELSINORE ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore Callforma hereby certify that Resolution No was adopted by the City Council of the City of Lake Elsinore California at a regular meeting held on the 9th day of October 2007 and that the same was adopted by the following vote AYES NOES ABSENT ABSTAIN VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item No 17 Page 15 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200616, VESTING TENTATIVE PARCEL MAP NO 34979 AND RESIDENTIAL DESIGN REVIEW NO 200610 HIDDEN OAKS GENERAL CONDITION 1 The applicant shall defend (with counsel acceptable to the City) indemnify and hold harmless the City Its Officials Officers Employees and Agents from any claim action or proceeding against the City Its Officials Officers Employees or Agents to attach set aSide vOid or annul an approval of the City ItS advIsory agencies appeal boards or legislative body concerning the Conditional Use Permit No 2006 16 Vesting Tentative Parcel Map No 34979 and Residential Design Review No 200610 (Hidden Oaks) project attached hereto CONDITIONAL USE PERMIT NO 2006-16 2 Conditional Use Permit No 2006 16 approved herein shall lapse and shall become vOid one (1) year follOWing the date on which the use permit became effective unless prior to the eXpiration of one year a bUilding permit IS Issued and construction commenced and diligently pursued toward completion on the site 3 The Conditional Use Permit shall comply with the all applicable reqUirements of the Lake Elsinore MUnicipal Code Title 17 unless modified by approved Conditions of Approval 4 The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval 5 Prior to final certificate of occupancy of the Conditional Use Permit 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 6 The applicant shall at all times comply with Section 17 78 (Noise Control) of the Lake Elsinore MUnicipal Code which requires nOise or sound levels to be below 50 decibels between the hours of 700 am to 1000 pm and below 40 decibels between the hours of 1000 pm to 7 00 am In nearby residential areas 7 Security lighting shall be required All exterior on site lighting shall be shielded and directed on site so as not to create glare onto neighbOring property and streets or allow illumination above the hOrizontal plane of the fixture Planning Commission City Council Agenda Item No 17 Page 16 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 2006 16 VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 200610 HIDDEN OAKS VESTING TENTATIVE PARCEL MAP NO 34979 8 Vesting Tentative Parcel Map No 34979 will expire two (2) years from date of approval unless within that penod of time the CC&R s and an appropnate Instrument has been filed and recorded with the County Recorder or an extension of time IS granted by the City of Lake Elsinore City Council In accordance with the SubdivIsion Map Act 9 The Vesting Tentative Parcel 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 10 Pnor to final certificate of occupancy of Vesting Tentative Parcel 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 11 Pnor to the first certificate of occupancy the applicant shall prepare and record CC&R s against the condominium complex The CC&R s shall be reviewed and approved by the Community Development Director or DeSignee and the City Attorney The CC&R s shall Include methods of maintaining common areas parking and dnve aisle areas landscaped areas Including parkways and methods for common maintenance of all underground and above ground utility Infrastructure Improvements necessary to support the complex In addition CC&R s shall establish methods to address deSign Improvements 12 The CC&R s shall expressly deSignate the City of Lake ElSinore as a third party benefiCiary to the CC&R s such that the City has the nght but not the obligation to enforce the provIsions of the CC&R s 13 No Unit In the development shall be sold unless a corporation association property owner s group or Similar entity has been formed With the nght to financially assess all properties indiVidually owned or JOintly owned which have any nghts or Interest In the use of the common areas and common faCIlities In the development such assessment power to be suffiCient to meet the expenses of such entity and With authonty to control and duty to maintain all said mutually available features of the development Such entity shall operate under recorded CC&R s which shall Include compulsory membership of all owners of lots and/or dwelling Units and fleXibility of assessments to meet changing costs of maintenance repairs and services Recorded CC&R s shall permit enforcement by the City for proVISions reqUired as Conditions of Approval The developer shall submit eVidence of compliance With thiS reqUirement to and receive approval of the City pnor to making any such sale ThiS condition shall not apply to land dedicated to the City for public purposes Planning CommiSSion City Council Agenda Item No 17 Page 17 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 2006 16 VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 200610 HIDDEN OAKS 14 ProvIsions to restnct parking upon other than approved and developed parking spaces shall be wntten Into the covenants conditions and restnctlons for each project 15 Membership In the Home Owner's Association shall be mandatory for each buyer and any successive buyer 16 Reciprocal covenants conditions and restnctlons and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed and embody one (1) homeowner s association with common area for the total development of the subject project 17 In the event the association or other legally responsible person(s) fall to maintain said common area In such a manner as to cause same to constitute a public nUisance said City may upon proper notice and heanng Institute summary abatement procedures and Impose a lien for the costs of such abatement upon said common area Individual Units or whole thereof as prOVided by law 18 Each Unit owner shall have full access to commonly owned areas facIlities and utilities 19 The applicant shall continue to comply with those mitigation measures Identified In the Mitigation MOnltonng Program adopted with the EnVlfonmentallmpact Report prepared for the Canyon Hills SpeCific Plan 20 The developer shall continue to comply with the terms and reqUirements contained In the 80 and CO Issued by the USFWS In 1992 for the Cottonwood Hills SpeCifiC Plan and was subsequently amended on Apnl19 2002 and July 16 2002 21 The applicant shall place a weatherproof 3 x 3 sign at the entrance to the project site Identifying the approved days and hours of construction (7 AM - 7 PM Monday through Fnday With no construction actiVIty to occur on Saturdays Sundays or legal holidays) activity and a statement that complaints regarding the operation can be lodged With the City of Lake ElSinore Code Enforcement DIVISion (951) 674 3124 RESIDENTIAL DESIGN REVIEW NO 200610 22 DeSign ReView approval for Residential DeSign ReView No 200610 will lapse and be VOid unless bUilding permits are Issued Within one (1) year of City Council approval The Community Development DIrector may grant an extension of time of up to one (1) year per extension pnor to the expiration of the Initial DeSIgn ReView approval Application for a time extension must be submitted to the City of Lake ElSinore one (1) month pnor to the expIration date Planning Commission City Council Agenda Item No 17 Page 18 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 2006-16 VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006 10 HIDDEN OAKS 23 Conditions of Approval shall be reproduced on page one of bUilding plans submitted to the BUilding DIVISion Plan Check All Conditions of Approval shall be met pnor to the Issuance of a Certificate of Occupancy and release of utilities 24 All site Improvements approved with this request shall be constructed as Indicated on the approved site plan and elevations ReVISions to approved site plans or bUilding elevations shall be subject to the review of the Community Development Director All plans submitted for BUilding DIVISion Plan Check shall conform to the submitted plans as modified by Conditions of Approval or the Planning Commission/City Council through subsequent action 25 All roof mounted or ground support air conditioning Units or other mechanical equipment Incidental to development shall be architecturally screened or shielded by landscaping so that they are not vIsible from nelghbonng property or public streets Any matenal covenng the roof equipment shall match the pnmary wall color 26 All extenor on site lighting shall be shielded and directed on site so as not to create glare onto nelghbonng property and streets or allow Illumination above the honzontal plane of the fixture All light fixtures shall match the architectural style of the bUilding 27 No extenor roof ladders shall be permitted 28 Applicant shall use roofing matenals with Class A fire rating 29 The Planning DIVISion shall approve the location of any construction trailers utilized dunng construction All construction trailers shall require a cash bond processed through the Planning DIVISion 30 Matenals and colors depicted on the plans and matenals board shall be used unless modified by the Community Development Director or deSignee 31 Decorative paving shall be Included at the dnve entryways and shall be shown on the construction draWings submitted to BUilding and Safety 32 On site surface drainage shall not cross Sidewalks 33 Parking stalls shall be developed pursuant to the requirements of the Canyon Hills Specific Plan 34 All exposed slopes In excess of three feet (3 ) In height shall have a permanent Irrigation system and erosion control vegetation Installed approved by the Planning DIVISion Planning CommiSSion City Council Agenda Item No 17 Page 19 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006-10 HIDDEN OAKS PRIOR TO BUILDING/GRADING PERMITS 35 Prior to Issuance of any grading permit or bUilding permits the applicant shall sign and complete an Acknowledgement of Conditions form and shall return the executed original to the Planning DIVISion for inclusion In the case records 36 Prior to the commencement of grading operations the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material Such routes shall be subject to the review and approval of the City Engineer A bond may be required to pay for damages to the public right of -way subject to the approval of the City Engineer 37 Three (3) sets of the Final Landscaplngllrngatlon Detail Plan shall be submitted reviewed and approved by the City s Landscape Architect Consultant and the Community Development Director or deSignee prior to Issuance of bUilding permit A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant s fee plus forty percent (40%) City fee a) All planting areas shall have permanent and automatic sprinkler system With 100% plant and grass coverage uSing a combination of drip and conventional Irngatlon methods b) Applicant shall plant street trees selected from the City s Street Tree List a maximum of forty feet (40) apart and at least twenty four Inch (24 ) box In size c) All planting areas shall be separated from paved areas With a SIX Inch (6 ) high and SIX Inch (6 ) wide concrete curb d) Planting Within fifteen feet (15) of Ingress/egress pOints shall be no higher than thirty SIX Inches (36 ) e) Landscape planters shall be planted With an appropriate parking lot shade tree to prOVide for 50% parking lot shading In fifteen (15) years f) Any transformers and mechanical or electrical eqUipment shall be indicated on landscape plan and screened as part of the landscaping plan g) The landscape plan shall proVide for ground cover shrubs and trees and meet all requirements of the City s adopted Landscape GUidelines Special attention to the use of Xerlscape or drought resistant plantlngs With combination drip Irngallon system to be used to prevent excessive watering Planning CommiSSion City Council Agenda Item No 17 Page 20 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200616 VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006 10 HIDDEN OAKS h) All landscape Improvements shall be bonded 100% for matenal and labor for two years from installation sign off by the City Release of the landscaping bond shall be requested by the applicant at the end of the reqUired two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee I) All landscaping and Irrigation shall be Installed within affected portion of any phase at the time a Certificate of Occupancy IS requested for any building All planting areas shall Include plantlngs In the Xenscape concept drought tolerant grasses and plants J) Final landscape plan must be consistent with approved site plan k) Final landscape plans to Include planting and Irrigation details 38 Applicant shall comply with the reqUirements of the ElSinore Valley MUniCipal Water Dlstnct (EVMWD) Proof shall be presented to the Chief BUilding OffiCial pnor to Issuance of bUilding permits and final approval 39 Pnor to Issuance of bUilding permits applicant shall prOVide assurance that all reqUired fees to the Lake ElSinore Unified School Dlstnct have been paid 40 Pnor to Issuance of bUilding permits applicant shall proVide assurance that all requirements of the Riverside County Fire Department have been met 41 Pnor to Issuance of bUilding permits applicant shall pay all applicable fees per the approved Development Agreement PRIOR TO ISSUANCE OF A BUILDING PERMIT 42 The Home Owner s ASSOCiation shall be established pnor to the occupancy release of the first dwelling Unit ENGINEERING 43 Construct vehicle turn-around at each gated location Turn around shall be constructed outSide the gate as shown on the approved site plan 44 All Public Works requirements shall be complied With as a condition of development as speCified In the Lake ElSinore MUniCipal Code (LEMC) pnor to final map approval 45 Pay all Capital Improvement and Plan Check fees (LEMC 1634 Resolution 85 26) Planning Commission City Council Agenda Item No 17 Page 21 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200616 VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006-10 HIDDEN OAKS 46 Submit a Will Serve letter to the City Englneenng DIvIsion from the applicable water agency stating that water and sewer arrangements have been made for thiS project Submit thiS letter pnor to final map approval 47 Construct all public works Improvements per approved street plans (LEMC 1204) All streets providing access shall be constructed pnor to Issuance of first certificate of occupancy 48 Street Improvement plans and specifications shall be prepared by a Calif Registered CIvil Engineer Improvements shall be designed and constructed to Riverside County Road Department Standards latest edition and City Codes (LEMC 12 04 and 1634) 49 All Improvement plans shall be digitized and submitted at Certificate of Occupancy The applicant shall submit tapes and/or discs which are compatible With City s ARC Info/GIS or developer to pay $300 per sheet for City digitiZing 50 All utilities except electncal over 12 KV shall be placed underground as approved by the serving utility 51 Applicant shall provide a homeowner s association With CC & R s for maintenance of the open space pnvate roads and proposed dralnage/debns basins 52 In accordance With the City s Franchise Agreement for waste disposal & recycling the applicant shall be reqUired to contract With CR&R Inc for removal and disposal of all waste matenal debns vegetation and other rubbish generated dunng cleaning demolition clear and grubbing or all other phases of construction STREET IMPROVEMENTS 53 Dedicate nght of way along the project frontage of Railroad Canyon Road such that the distance from the centerline of Railroad Canyon Road to property line measures 60 feet If the nght of way descnbed already eXists thiS condition Will be conSidered satisfied 54 Construct street Improvements including curb gutter and Sidewalk such that the roadway section measures 48 feet from the centerline to the gutter flow line 55 Identify traffic study and proVide support documentation In which the proposed project was taken Into conSideration 56 Applicant shall submit a traffiC control plan shOWing all traffic control deVices for the tract to be approved pnor to first occupancy All traffic control deVices shall be Installed pnor to final inspection of public Improvements and Issuance of first certificate of occupancy ThiS Includes No Parking and Street Sweeping Signs for streets Within the tract Planning Commission City CounCil Agenda Item No 17 Page 22 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 200610 HIDDEN OAKS 57 Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance IS verified by a registered cIvil engineer 58 Drive Isle clear width shall comply with Fire Department requirements 59 Sight distance on all on site and public streets shall conform to CAL TRANS requirement for sight distance 60 Longltudnal grades shall not exceed 15% unless otherwise defined through a develop 61 Pay all fees and meet requirements of encroachment permit Issued by the Engineering DIVISion for construction of public works Improvements Within the eXisting Street Right of way(LEMC 12 08 and Resolution 83 78) 62 ProVide street lighting and show lighting Improvements as part of street Improvement plans on Railroad Canyon Road The spacing of the street lights shall conform to the City Standard street light spacing as required 63 Street lights constructed along Railroad Canyon Road shall be 22 000 HPSV as required 64 Developer shall annex to the City s Street Lighting and landscaping Maintenance District 65 Developer shall Install blue reflective pavement markers In the street at all fire hydrant locations In accordance With City Standards 66 ProVide ReCiprocal access agreement In a manner such that the right runs With the land GRADING 67 All compaction reports grade certifications monument certifications (With tie notes delineated on 8 Y. X 11 Mylar) shall be submitted to the Engineering DIVISion before final Inspection of public works Improvements Will be scheduled and approved 68 The applicant shall Install permanent bench marks In accordance With Riverside County Standards 69 Applicant shall obtain all necessary off site easements for off site grading from the adjacent property owners prior to bUilding permit Issuance Planning Commission City Council Agenda Item No 17 Page 23 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200616, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 200610 HIDDEN OAKS 70 All slopes greater than 30 feet tall shall have a 6 foot bench to Interrupt the 30 foot Increment 71 BUildings shall be set back from the toe of slopes a distance of H/2 In accordance wIth the Uniform BUilding Code Requirements 72 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 73 Provide fire protection facIlities as required In wntlng by Riverside County Fire 74 Apply and obtain a grading permit with appropnate secunty pnor to bUilding permit Issuance A gradIng plan signed and stamped by a Calif 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 stili be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading beginS 75 Provide sOils geology and seismiC report including street deSign recommendations Provide final sOils report shOWing compliance with recommendations 76 An AlqUls Pnolo study shall be performed on the site to Identify any hidden earthquake faults and/or liquefaction zones present on site Documentation from a licensed geologist or geotechnical engineer certifying the non eXistence of thiS conditions will also be acceptable I 77 All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 If applicable for stability and proper erosion control All manufactured slopes greater than 30 ft In height shall be contoured and constructed with drainage ditches every 30 vertical feet 78 Pnor to commencement of large scale grading operations applicant shall proVide to the City a map of all proposed haul routes to be used for movement of export matenal Such routes shall be subject to the review and approval of the City Engineer DRAINAGE 79 IndiVidual lot drainage shall be conveyed to a public faCIlity or accepted by adjacent property owners by a notanzed and recorded letter of drainage acceptance or conveyed to an established drainage easement 80 On site drainage faCIlities located outSide of road within drainage easements shown on the final map Planning Commission nght of way should be contained City Council Agenda Item No 17 Page 24 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200616, VESTING TENTATIVE PARCEL MAP NO 34979 AND RESIDENTIAL DESIGN REVIEW NO 2006-10 HIDDEN OAKS 81 All natural drainage traversing site shall be conveyed through the site or shall be collected and conveyed by a method approved by the City Engineer 82 Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map Developer shall mitigate any flooding and/or erosion caused by development of site and diverSion of drainage The report shall verify Impacts of storm water on eXisting facIlities 83 Applicant shall convey on and off site drainage to an Improved drainage facIlity 84 All drainage facIlities In thiS tract shall be constructed to Riverside County Flood Control District Standards 85 ProVide on site detention for the Increased runoff produced by the project 86 Storm drain Inlet faCIlities shall be appropriately stenCiled to prevent Illegal dumping In the drain system the wording and stenCil shall be approved by the City Engineer 87 Roof and yard drainS shall not outlet directly through cuts In the street curb Roof drainS shall drain through a minimum of twenty (20) feet of landscaped area 88 A drainage acceptance letter Will be necessary from the downstream property owners for outlettlng the proposed stormwater run off on private property 89 Applicant Will be reqUired to Install BMP s uSing the best available technology to mitigate any urban pollutants from entering the watershed 90 Applicant shall provide the city with proof of hiS haVing filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to Issuance of grading permits The applicant shall provide a Storm Water Pollution Prevention Plan (SWPPP) for construction activities and a Water Quality Management Plan (WQMP) detailing the permanent clean water features The WQMP shall Include a maintenance program for post construction compliance with the City s Clean Water Runoff Program 91 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 stormwater quality and met the goals of the BMP In Supplement A In the RiverSide County NPDES Drainage Area Management Plan Planmng CommiSSion City CounCil Agenda Item No 17 Page 25 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 200610 HIDDEN OAKS COMMUNITY SERVICES DEPARTMENT 92 Applicant shall pay applicable park fees unless documentation IS provided otherwise 93 No park credits shall be given for pnvate park areas open space or recreation facIlities constructed within the development 94 The developer shall utilize CR&R for all construction debns removal hauling and recycling as per City ordinance 95 The City landscape architect shall review and approve all landscaping plans 96 The Home Owner s Association (HOA) shall maintain all landscaped areas including landscaping fronting Railroad Canyon Road open space water quality basin and all Intenor plantlngs 97 The Home Owner s Association (HOA) shall maintain all block walls and keep them free of graffiti 98 All Intenor roads street signs street markings sidewalks enhanced concrete to be maintained by the Home Owner s Association (HOA) 99 Water quality basin outlet to meet all requirements of the Riverside County Flood Control Army Corps of Engineers and the City of Lake ElSinore DEPARTMENT OF ADMINISTRA TIVE SERVICES 100 Pnor to the Issuance of the first building permit the applicant shall annex Into Community FaCIlities Dlstnct 2003-01 to offset the annual negative fiscal Impacts of the project on public safety operations and maintenance Issues In the City 101 Pnor to the Issuance of the first building permit the applicant shall annex Into Lighting and Landscape Maintenance Dlstnct No 1 to offset the annual negative fiscal Impacts of the project on public nght of way landscaped areas to be maintained by the City and for street lights In the public nght of-way for which the City will pay for electnclty and a maintenance fee to Southern California Edison RIVERSIDE COUNTY FIRE DEPARTMENT 102 The applicant shall comply With all reqUirements of the Riverside County Fire Department Fire protection measures shall be provided In accordance With Riverside County ordinances and/or recognized fire protection standards Planning CommiSSion CitY. Council Agenda Item No 17 Page 26 of 82 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO 200616, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006 10 HIDDEN OAKS 103 Blue retro reflective pavement markers shall be mounted on public streets and dnveways to indicate location of fire hydrants Pnor to Installation placement of markers shall be approved by the County Fire Department Planning CommiSSion City Council Agenda Item No 17 Page 27 of 82 CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM ROLFE M RREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE SEPTEMBER 18, 2007 PREPARED BY KIRT A COURY, PROJECT PLANNER PROJECT TITLE CONDITIONAL USE PERMIT NO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979 (FOR CONDOMINIUM PURPOSES), AND RESIDENTIAL DESIGN REVIEW NO 2006-10 FOR HIDDEN OAKS APPLICANT/ OWNER DAVID D DUNHAM, PARDEE HOMES, 10880 WILSHIRE I BOULEVARD, SUITE 1900, LOS ANGELES, CA 90024 PROJECT REOUEST The request before the Plannmg CommIssIon IS for the followmg discretIOnary applicatIOns . ConditIOnal Use Permit No 2006-16 Approve ConditIOnal Use Permit No 2006-16 to allow for 357 mdlvldually owned attached condommmm umts with an associated common area pursuant to Canyon Hills Specific Plan Amendment No 2 and Chapter 1774 (Conditional Use Permits) and applicable chapters of the LEMC . Vestmg Tentative Parcel Map No 34979 Recommend to the City Council approval of Vestmg Tentative Parcel Map No 34979 (For Condommmm Purposes) pursuant to Canyon Hills SpecIfic Plan Amendment No 2, SectIOn 16 SubdivIsIOns of the Lake Elsmore Mumclpal Code (LEMC) Chapter 1730 (Condommmms and Condommmm ConversIOns) of the LEMC and SectIOn(s) 66424 and 66427 of the California SubdivIsIOn Map Act Agenda Item No 17 Page 28 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-16, VESTING TENTATIVE I PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006-10 SEPTEMBER 18, 2007 . ReSIdentIal DeSIgn ReVIew No 2006 10 Recommend to the CIty CouncIl approval of ResIdentIal DeSIgn ReVIew No 2006 10 for the deSIgn and constructIOn of seventy-four (74) resIdential condommmm bmldmgs, whIch mclude 357 mdlvldually owrted attached condommmm umts and related Improvements The proposed DeSIgn ReVIew IS pursuant to Canyon HIlls SpecIfic Plan Amendment Nb 2 and Chapter 17 82 (DesIgn ReVIew) and apphcable chapters of the LEMC I I PROJECT LOCATION The requested CondItIonal Use PermIt No 2006-16, Vestmg TentatIve Parcel Map No 34979, and ResIdentIal DeSIgn ReVIew No 2006-10 encompasses all of Planmng Area No 2 ThIS Planmng Area totals approxImately 35 6 acres and IS located on the north SIde of RaIlroad Canyon Road ExhIbIt 'A' provIdes a "LocatIOn Map whIch presents the overall Canyon HIlls SpeCIfic Plan area ENVIRONMENTAL SETTING EXISTING ZONING t GENERAL PLAN LAND I t USE ~ Project Vacant MF2 (~A 2), Canyon HIlls Canyon HIlls SpeCIfic SIte SpeCIfic Plan Plan North Vacant Open Space and MF1 (PA Canyon HIlls SpeCIfic I), Canyon HIlls SpeCIfic Plan Plan I South Vacant Rallroad Canyon Road Artenal Roadway West Vacant Open Space and San Canyon HIlls SpeCIfic Jacmtol RIVer Canyon Plan HIlls SpeCIfic Plan East Vacant Open Space, Canyon HIlls Canyon HIlls SpeCIfic SpeCIfic Plan Plan Agenda Item No 17 Page 29 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006-10 SEPTEMBER 18, 2007 BACKGROUND At the August 21 2007 Planmng CommIssIon meetmg, the applIcant requested that I the IdentIfied project be contmued to work out Items relatmg to the proposed Parcel Map Smce that meetmg staff and the applIcant have resolved those Items and have brought the project back for Planmng CommIssIOn reVIew and approval PROJECT DESCRIPTIONS CondItIOnal Use Permit No 2006-16 The applIcant requests approval of a CondItIonal Use Permit to allow for 357 mdIvIdually owned attached condommIUm umts WIth an assOCIated common area pursuant to Canyon HIlls SpecIfic Plan Amendment No 2 and Chapter 1774 (CondItIonal Use Permits) and applIcable chapters of the LEMC The common areas and the reSIdentIal condommIUms WIll be entItled by way of a CondItIonal Use PermIt The Planmng CommISSIon IS delegated wIth the responsIbIlIty of consIdenng and approvmg, conditIOnally approvmg or denymg ConditIonal Use Permits The Plarmmg CommiSSIOn IS authorIzed to Impose reasonable conditIons of approval on the ConditIonal Use Permit I I I Vestml! TentatIve Parcel Map No 34979 The applIcant requests approval of Vestmg TentatIve Parcel Map No 34979 to establIsh a reSidentIal condommIUm commumty wlthm Plarmmg Area No 2 CondommIUm projects are defined as "subdiVISions pursuant to SectIOns 66424 I and 66427 of the CalIfornia SubdivIsIOn Map Act Consequently, thiS project reqUIres Plarmmg Commission and City CounCil conSIderatIOn pursuant to the reqUIrements of SectIOn 16 SubdiVISions" and Chapter 17 30 (CondommlUms and CondommIUm ConverSIOns) of the Lake Elsmore Mumclpal Code (LEMC) (ExhibIt 'B') The condommIUm concept Will offer mdIvldual dwellmg umts for sale wlthm each condommIUm bUlldmg as defined by Vestmg TentatIve Parcel Map No 34979 while sharmg common mterest, ownership and mamtenance responSibilItieS wlthm the common areas These common areas mclude two (2) RecreatIon Centers With Agenda Item No 17 Page 30 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006-10 : SEPTEMBER 18, 2007 I I I a sWlmmmg pool/JacuzzI area lockers, assembly room, exerCIse room kIds room, offices, kItchen, concIerge, and terrace area barbeques and fire place overhead wood trelhses wIth plcmc tables, 'open lawn play areas, tot lots, cabanas common I walls and fences, aisle ways, pav,ement monument SIgnS mall boxes, landscaped areas, and onslte underground and above ground utIhty mfrastructure , Improvements necessary to servIce and support the condommmm commumty The air space for the common areas I and the resIdential condommmms WIll also be estabhshed wIth the Vestmg Tentative Parcel Map , Residential Desll!n ReView No 2006-10 The followmg descnbes the vanous desIgn components and features of the proposed HIdden Oaks Condommmm Commumty mcludmg SIting cIrculatIOn and parkmg layout, landscapmg, monumentatIOn walls and fences, and archItecture Sltm/! The apphcant IS proposmg to develop the vacant SIte WIth 74 three story detached I resIdential condommmm bmldmgs, totalmg approxImately 579478 square feet , ExhIbIt 'c' Identifies the project s SIte Plan The proposed condommmm bmldmgs wlll cover thIrty SIX percent (36%) of the project SIte and WIll be developed at a I maXImum densIty of 10 dwellmg,umts per gross acre and 16 dwelhng umts per net acre The project SIte IS desIgnated MF2 by Canyon HIlls SpecIfic Plan Amendment No 2 whIch estabhshes a maxImum densIty of 24 dwellmg umts per acre The pavement and common areas WIll cover thIrty mne percent (39%) and thIrty percent (30%) ofthe SIte, respectlvely The bmldmgs WIll consIst of three (3) five umt condommmm bmldmgs; twenty SIX (26) four umt bmldmgs twenty (20) five unIt bmldmgs, and twenty-three (23) SIX umt bmldmgs , The three-unIt bmldmg WIll total approxImately 5 136 square feet The four unIt bmldmg wlll total approxImately 6 240 square feet The five-unIt bmldmg WIll total approxImately 7,910 square feet The SIX umt bmldmg wlll total approxImately 10,146 square feet The condommmms WIll be compnsed of 1,167 square feet umts, whIch mclude two (2) bedrooms and 2 baths 1 670 square feet , umts whIch mclude two (2) bedrooms and 2 baths 1 670 square feet umts, whIch mclude three (3) bedrooms and 3 5 baths 1 733 square feet umts, WhICh mclude , , Agenda Item No 17 Page 31 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMITINO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006-10 I SEPTEMBER 18, 2007 , I three (3) bedrooms and 35 baths; and 1,733 square feet umts, which mclude four (4) bedrooms and four (4) baths Each of the condommlUms will be provided with an enclosed two-car attached garage I , The condommlUm bUildmgs have, been strategiCally situated at vaned onentatiOns throughout the project Site Due to the topography of the Site, the project has been deSigned to create a clustermg 'arrangement of bUildmgs to accommodate the eXistmg natural slopes and contours In addition the bUildmgs have been aligned to fashiOn common areas m the front of each bUildmg The common areas will I then proVide pedestrian access throughout the Site, as well as providmg I opportumties for outdoor enjoyment Pedestnan walkways and pnvate drives have been thoughtfully mtegrated mto I the Site as well, providmg for safe and effiCient pedestnan and vehicular circulatiOn I CirculatIOn and Parkin/! Lavout I I Access Will be proVided along Railroad Canyon Road Via two (2) 50 foot Wide, mcludmg medians, gated entnes ,The gates Will be located approximately 80 feet back from the face of the curb and Will proVide secunty access to the commumty The area m front of the entry gates Will allow for adequate vehicular stackmg as , well as turn-around areas Decorative stamped concrete Will proVide defimtiOn at , the entnes and at strategiC pedestnan crossmgs withm the Site, creatmg a vehicle calmmg deVice for safe pedestnarl access I The driveways withm the Site are pnvate streets and Will be mamtamed by the Home Owner's ASSOCiatiOn (HOA) The Width of the two pnmary dnveway entries allows for vehicular circulatiOn and will have 60-feet of nght-of-way, I compnsed of two (2) 20-foot travel ways 10 foot median and two (2) five-foot Sidewalks The project provides two enclosed parkmg spaces per dwelling umt In addition , 152 open guest parkmg spaces Will be proVided at strategiC locatiOns throughout the commumty A total of 866 parkmg spaces will be proVided, the SpeCific Plan reqUires 832 parkmg spaces Sev,enteen (17) guest parkmg spaces Will be located near the two RecreatiOn Center areas Handicap parkmg will be proVided as well allowmg for disabled access to Ithe Recreation Center areas as reqUired by the BUildmg and Safety DiViSiOn Agenda Item No 17 Page 32 of 82 I PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMITINO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO , 2006-10 SEPTEMBER 18, 2007 Landscamnf! I The project wIll proVIde a total of 465,351 square feet of landscapmg throughout, I or thIrty percent (30%) ofthe proJ,ect SIte It should be noted that landscapmg area also mcludes all desIgnated Open Space The common landscaped area wIll be mamtamed by the HOA (ExhIbIt 'D ) , 'Green' court/paseo areas WIth meandenng pedestnan walkways wIll be proVIded between the bUlldmgs Landscapmg mcludes assorted ground cover shrubs and I trees The meandermg pedestnan walkways throughout the commumty wIll be , augmented WIth turf, ground cover and vanous shrubs and trees I I MonumentatlOn. Walls and Fences I I MonumentatIon WIll be proVIded Inear the project s entry to Identify the proposed HIdden Oaks commumty The monumentatlOn wIll be deSIgned WIth a five-foot (5') tapered pIlaster at ItS hIghest pomt then tapermg down to a 2 1/2 foot tapered pIlaster Matenals mclude stone) veneer and cap whIch IS conSIstent WIth other monumentatlOn features found thToughout the Canyon HIlls area The guard house and entry gates WIll be SImIlarly deSIgned WIth SIX foot (6') stone veneer pIlasters I The gate WIll be made of decorative tubular steel FIve foot (5') tubular steel fencmg WIll be located along the penmeter of the project SIte (ExhIbIts 'E ) Architecture Three (3) dlstmctIve archItectural styles Craftsman MedIterranean and Tuscan I deSIgn wIll be offered for the proposed condommmm bUlldmgs The Craftsman I archItecture IS charactenzed by SImulated wood out lookers, wood sldmg at gables, pot shelves ledger stone veneer accents flat concrete tile roofs stucco-fimsh decorative foam surround WIth metal shroud chImneys stucco sand fimshed walls stucco fimsh decorative foam surround door and wmdow tnms wood tnm surround along sldmg and sectlOnal roll-up doors The Mediterranean archItecture IS charactenzed by wood beaded sldmg at gable ends SImulated wood shutters pot shelves stone veneer and recessed wmdow accents S tile concrete roofs, stucco fimsh decorative foam surround WIth metal shroud chllnneys stucco sand fimshed I walls stucco fimsh decorative foam surround door and wmdow tnms, wood tnm I I , I I I Agenda Item No 17 Page 33 of 82 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT1NO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006-10 I SEPTEMBER 18, 2007 I I surround along sldmg, and sectIOnal roll-up doors The Tuscan architecture IS charactenzed by Simulated wood-beaded sldmg at gable ends, Simulated wood shutters, pot shelves, stone veneer, and recessed wmdow accents concrete S-tIle roofs stucco-fimsh decorative foam surround With metal shroud chllnneys stucco I sand-fimshed walls, stucco fimsh decorative foam surround door and wmdow tnms wood tnm surround along sldmg, and sectIOnal roll up doors Exhibits F' and 'G Identify the condommlUmis elevatIOns and floor plans The RecreatIOnal Center BUlldmg will be deSigned as a two-story structure The bUlldmg has been deSigned to mcorporate stone veneer wood columns, and Stile concrete roof A tower feature With a turret shaped roof Will also be mcorporated I m the deSign provldmg additIOnal ,vertical character to the bUlldmg (Exhibit 'H ) I , ANALYSIS I I Staff supports the requested applicatIOns for the followmg reasons I I ConditIOnal Use Permit No 2006-16 City Plannmg and Engmeenng departments have reviewed the Conditional Use Permit request and have no concerns Issuance of a ConditIOnal Use Permit IS a I necessary prereqUisite to development of the 357 mdlvldually-owned attached condommlUm umts Chapter I 17 30 (CondommlUms and CondommlUm I ConversIOns) of the LEMC states that I I The City realizes that certam uses have operatIOnal charactenstlcs that dependmg upon the location and deSign of the use may have the potential to negatively I Impact adJomlllg properties, buslllesses, or reSidents Said uses therefore reqUire a more comprehenSive review and approval procedure mcludmg the ability to condition the project m order to mitigate any detnmental Impact In order to achieve thiS, the Plannmg CommiSSIOn IS empowered to grant and to deny applicatIOns for ConditIOnal Use Permits and to Impose reasonable conditIOns upon grantlllg of Conditional Use Permits I Consldermg the potential ramification to the general health safety comfort, or general welfare of the commumty extra attentIOn has been paid to speCific details I Agenda Item No 17 Page 34 of 82 I PLANNING COMMISSION ST~FF REPORT CONDITIONAL USE PERMIT NO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006-10 SEPTEMBER 18, 2007 related to development of the proposed condommlUm project, mcludmg site plannmg, mternal vehicular an4 pedestrian circulatIOn, landscape buffenng, common area amemtIes (I e, sWlmmmg pools, JacuzzI, plcmc areas, etc), architectural compatIbility, and other related development and deSign Issues Staff I believes the project IS well-desl~ed and addresses those deSign and development Issues which support approval ofthe requested ConditIOnal Use Permit I I Vestme: Tentative Parcel Map No 34979 I City Plannmg and Engmeenng departments have reViewed the proposed Vestmg I Tentative Parcel Map and have no, concerns, If reqUired conditIons of approval are satisfied The proposed Vestmg TentatIve Parcel Map IS consistent With development standards contamed m the SpeCific Plan Amendment No 2 document m terms of lot Size, street Widths and other Plannmg and Engmeenng standards I and reqUirements The Vestmg TentatIve Parcel Map area IS located wlthm I Plannmg Area No 2 whICh has an underlymg zomng of MF2 The MF2 deSignatIOn permits multi-family attached reSidentIal product The proposed project IS conSIstent With the MF2 deSignatIOn Vestmg TentatIve Parcel Map No 34979 IS reqUired to establish thel Hidden Oaks CondommlUm Community wlthm Planmng Area No 2 The VestmglTentatIve Parcel Map IS conSIstent With SectIons 66424 and 66427 of the CalifornIa SubdiVISIOn Map Act, and SectIon 16 I "SubdiVISIOns" and Chapter 17 30 (CondommlUms and CondommlUm ConversIOns) of the Lake Elsmore Mumclpal Code , I , ReSidential Desll!n ReView No 2006-10 I I City Plannmg and Engmeenng departments have reViewed the requested DeSign I ReView applicatIOn and have no concerns Staff believes that those deSign amemtIes and features assoclated!wlth the project S sltmg CirculatIon and parkmg layout landscapmg monumentatlOn, walls and fences, and archItecture have , resulted m a well deSigned condommlUm commumty Staff believes that the , project IS compatIble With the overall Canyon Hills SpeCific Plan area and those eXlstmg and future developments that neighbor the project site I Agenda Item No 17 Page 35 of 82 I I PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT:NO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006-10 f SEPTEMBER 18, 2007 I RECOMMENDATION I It IS recommended that the Planmng CommissIOn adopt the followmg ResolutIOns I I I ResolutIOn No 2007- recoIDmendmg that the City Council make Fmdmgs I that the Project IS consistent With the Multiple Species Habitat ConservatIOn Plan (MSHCP) r I I 2 ResolutIOn No 2007-_ approymg CondItIOnal Use PermIt No 2006-16 for the Hidden Oaks CondommIUm Commumty I I 3 ResolutIOn No 2007-_ reco~mendmg that the CIty Council approve Vestmg Tentative Parcel Map No 34979 I 4 ResolutIOn No 2007-_ recommendmg that the CIty Council approve ReSIdential DeSIgn ReVIew No 2006-10 for the HIdden Oaks CondommlUm Community I I These recommendatIOns are based on the findmgs, exhIbits and condItions of approval attached to thiS Staff Report PREPARED BY I KIRT A COURY, PROJECT PLANNER I I I APPROVED BY ROLFE M PREISENDANZ, I DIRECTOR OF COMMUNITY DEVELOPMENT I I I Agenda Item No 17 Page 36 of 82 I I I PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT!NO 2006-16, VESTING TENTATIVE PARCEL MAP NO 34979, AND RESIDENTIAL DESIGN REVIEW NO 2006-10 I SEPTEMBER 18, 2007 I ATTACHMENTS ! I I 1 ResolutIOn No 2007--1 recommendmg that the CIty CouncIl make Fmdmgs that the Project IS consIstent WIth the Multlple SpecIes HabItat ConservatIOn Plan (MSHCP) I 2 ResolutIOn No 2007-_' approvmg Condltlonal Use PermIt No 2006 16 for the HIdden Oaks Condommmm CommunIty I I I Resolutlon No 2007 -.l recommendmg that the CIty CounCIl approve Vestmg TentatIve Parcel Map No 34979 I I ResolutIOn No 2007 -'- recommendmg that the CIty CounCIl approve Resldentlal DeSIgn ReVIeW No 2006 10 for the HIdden Oaks Condommmm Commumty I 3 4 5 CondItIOns of Approval i I I ExhIbIts A LocatIOn Map I B' Vestmg TentatIve Parcel Map No 34979 C' Site Plan I , 'D' Landscape Plan I 'E' Monumentatlon and Wall Plans I F' BUlldmg ElevatIOns G' Floor Plans I 'H RecreatIOnal Center ElevatIOns and Floor Plans I I' Color PresentatIOn Booklet (Pardee Homes) I l' Full SIze Plans K' Colored SIte Plan (presented at hearmg) L Colored BUlldmg ElevatIOns (presented at heanng) I M' Color and Matenals Board (presented at hearmg) I 6 Agenda Item No 17 Page 37 of 82 I RESOLUTION NO 2007-159 I RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS I EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) I I WHEREAS, Pardee Homes has submitted applicatIOns for ConditIOnal Use I Permit No 2006-15 Vestmg Tentative Parcel Map No 34978 and Residential I DeSign ReView No 2006-09 (tlie 'Entitlements') for the development of the Hunter's Ridge CondominIUm Commumty wlthm the Canyon Hills SpeCific Plan on the north Side of Railroad Canxon Road and I I WHEREAS, Section IV(D) of the City of Lake Elsinore s MSHCP ImplementIng ResolutIOn expressly exempts from the MSHCP I I Any project for which and Ito the extent that vested nghts to proceed I With the project notwithstandIng the enactment of this ResolutIOn I eXist under the common laws of the State of California a vestmg I tentative map pursuant to the SubdiVISIOn Map Act a development agreement pursuant to Government Code sectIOn 65864 et seq or other Instrument approved! or executed by the City pnor to adoptIOn of thiS ResolutIOn Projects subject to thiS exemption must comply With all provISIons of any applicable state and federal law I WHEREAS, public notice of the Entitlements has been given and the Plannmg Commission has conSidered eVidence presented by the Commumty Development Department and otller mterested parties at a public heanng held With respect to thiS Item on September 18, 2007 I I I NOW, THEREFORE THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE!DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS I I SECTION 1 The PlannIng CommiSSIOn has conSidered the Project and ItS I exemptIOn from the MSHCP pnor to making a recommendatIOn that the City I CounCil adopt findIngs that the project IS Indeed exempt I I SECTION 2 That In accordance With the Lake Elsmore Mumclpal Code I and the MSHCP the Planmng Commission makes the followmg findIngs I Agenda Item No 17 Page 38 of 82 PLANNING COMMISSION RESOLUTION NO 2007-159 PAGE20F4 I I I The Project IS a project under the CIty s MSHCP ResolutIOn, and the CIty I must make an MSHCP Co~slstency findmg before approval I The Entitlements are exempt from the City s MSHCP ResolutIOn On July 9 1990 the City and Pardee-Grossman/Cottonwood Canyon entered Into that I certain development agreement (the Development Agreement ) which I expressly exempted the Developer from responslbllzty for any new development Impact fees 1I.1'he Development Agreement will expire on July 9 2010 I I Even though the Entitlements are exempt from the MSHCP the Developer I must comply with other sta~e andfederallaws Consistent with federal law the applzcant had preparedla project-specific Habitat ConservatIOn Plan and has a history of extenslre coordinatIOn with the wzldlife agencies Where approvedfor development the project site has already been graded cleared or developed In ac'cordance with the Project HCP Given the I foregOing no further action regarding the MSCHP IS reqUired 2 The proposed project IS subject to the CIty s LEAP and the County's Jomt I Project ReVIew processes I I See Response #1 above I 3 The proposed project IS consIstent wIth the RIpananiRIvenne Areas and Vernal Pools GUldelmes I See Response #1 above I I 4 The proposed project IS consIstent wIth the ProtectIon of Narrow EndemIC Plant SpecIes GUIdelInes I I I See Response #1 above I 5 The proposed project IS Iconslstent wIth the Urban/WIldlands Interface GUIdelInes I See Response #1 above 6 The proposed project IS consIstent wIth the VegetatIOn Mappmg reqUIrements I See Response #1 above Agenda Item No 17 Page 39 of 82 I I I PLANNING COMMISSION RESOLUTION NO 2007-159 PAGE30F4 I I 7 The proposed project IS consIstent WIth the AddItIOnal Survey Needs and Procedures I I See Response #1 above I I 8 The proposed project IS consIstent WIth the Fuels Management GUIdelInes See Response #1 above I I 9 The proposed project wIll be condItIOned to pay the CIty'S MSHCP Local I Development MItIgatIOn Fee Developer IS exempt from payment of the City s MSHCP Local Development I MlflgatlOn Fee by virtue of the Development Agreement I 10 The proposed project IS consIstent wIth the MSHCP See Response #1 above SECTION 3 Based upon I the eVIdence presented the above findmgs and the attached condItIOns of approval the Plannmg CommISSIOn hereby recommends I that the CIty CounCIl find that the EntItlements are exempt from the MSHCP I SECTION 4 ThIs ResolutIOn shall take effect from and after the date of ItS passage and adoptIOn I I PASSED, APPROVED AND ADOPTED thIs 18th day of September 2007, by the followmg vote I I COMMISSIONERS I I I COMMISSIONERS I I ABSENT COMMISSIONERS O'NEAL I I ABSTAIN COMMISSIONERS I I I I I AYES GONZALES, MENDOZA FLORES, ZANELLI NOES MIchael O'Neal Chmrman Lake Elsmore Plannmg CommIssIon Agenda Item No 17 Page 40 of 82 I I I PLANNING COMMISSION RESOLUTION NO 2007-159 PAGE 4 OF 4 I I I I ATTEST I I I I Rolfe M PreIsendanz I DIrector of CommunIty Development I I I Agenda Item No 17 Page 41 of 82 I I , I RESOLUTION NO 2007-160 I RESOLUTION OF THE ,PLANNING COMMISSION OF THE CITY I OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO 2006-15 , , WHEREAS, Pardee Homes filed an applicatIOn With the City of Lake I Elsmore requestmg approval of: ConditIonal Use Permit No 2006-15 for the constructIOn and establishment of one hundred and mnety three (193) mdlvldually- owned attached condommlUm umts wlthm the Hunter s RIdge Commumty of the Canyon Hills Specific Plan area (the "ProJect"), and I WHEREAS the Project Site encompasses 28 76 acres and IS located on the , north side of Railroad Canyon Road (the "Project Site"), and I WHEREAS, the Planmngl CommissIOn of the City of Lake Elsmore has been delegated with the responsibility of consldermg and either approvmg, conditIonally approvmg or denymg conditIonal use permits and I , WHEREAS pursuant to the California Environmental Quality Act (Cal Pub Res Code SS 21000 et seq ! CEQA") and the CEQA GUldelmes (14 C C R I SS 15000 et seq), public agencI~s are expressly encouraged to reduce delay and paperwork associated With the ImplementatIOn of CEQA by usmg prevIOusly , prepared environmental documents when those prevIOusly prepared documents I adequately address the potential Impacts of the proposed project (CEQA GUldelmes Section 15006), and I I WHEREAS, CEQA GUldelmes Section 15162(a) states that "When an EIR has been certified or negative declaratIOn adopted for a proJect, no subsequent EIR , shall be prepared for that project unless the lead agency determmes, on the baSIS of substantIal eVidence m the light of the whole record one or more of the followmg I I I 1 SubstantIal changes are proposed m the project which will reqUire I major reVISIOns of the prevIOus ElR or negatIve declaratIOn due to the mvolvement , of new Significant environmental ~ffects or a substantial mcrease m the seventy of prevIOusly Identified slgmficant effects I 2 Substantial changes 'occur With respect to the circumstances under which the project IS undertaken which Will reqUire major reVISIOns of the prevIOus EIR or negatIve declaratIOn due to the mvolvement of new Significant environmental effects or a substantIal mcrease m the seventy of previously IdentIfied slgmficant effects or Agenda Item No 17 Page 42 of 82 I I PLANNING COMMISSION RESOLUTION NO 2007-160 PAGE20F6 I I 3 New mformatlOn of substantlalImportance WhICh was not known and could not have been known wIth I the exerCIse of reasonable dIlIgence at the tlme the preVIOUS EIR was certIfied i as complete or the negatIve declaratIOn was adopted, shows any of the followmg I (A) The project WIll have one or more sIgmficant effects not dIscussed m I the prevIOus EIR or negatlve declaratIOn, I (B) SIgmficant effects prevIOusly exammed WIll be substantlally more I sever than shown m the prevIOUS EIR, I (C) MltlgatlOn measures or alternatlves prevIOusly found not the be I feaSIble would m fact be feaSIble and would substantIally reduce one or more slgmficant effects of the project, but the project proponents declIne to adopt the mItIgatIOn measure or alternatIve, or I (D) MltlgatlOn measures I or alternatIves whIch are conSIderably dIfferent from those analyzed m the prevIous EIR would substantlally reduce one or more I slgmficant effects on the envlro~ent, but the project proponents declme to adopt the mltlgatlOn measure or alternatlve" and I WHEREAS, Addendum No 2 to the certIfied Fmal EnVIronmental Impact I Report, State Clearmghouse No 87111606 (the "FEIR') for the Cottonwood HIlls I SpeCIfic Plan was prepared and approved by the CIty CounCIl m March 2007 to I address mmor changes assocIated WIth SpeCIfic Plan Amendment No 2 to the I Cottonwood HIlls SpeCIfic Plan (renamed the Canyon HIlls SpeCIfic Plan as part of I SpeCIfic Plan Amendment No 2), and I WHEREAS the Project was contemplated by SpeCIfic Plan Amendment No 2 and does not present substantlal changes or new mformatlOn regardmg the I potentlal envIronmental Impacts Ithat were analyzed m the FEIR or the changes addressed m Addendum No 2 and I WHEREAS publIc notIce of the Project has been gIVen and the Planmng CommIssIon has conSIdered eVIdence presented by the Commumty Development I Department and other mterested parties at a publIc heanng held WIth respect to thIS I Item on September 18 2007 Agenda Item No 17 Page 43 of 82 I I I PLANNING COMMISSION RESOLUTION NO 2007-160 PAGE30F6 I NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE IDOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS I I SECTION 1 The Planmng CommissIOn has considered the Project and has found that It IS consistent With the' Lake Elsmore Municipal Code and Canyon Hills Specific Plan Amendment No 2 I I SECTION 2 The Plannmg CommissIOn finds and determmes that m accordance With CEQA Gmdelmes SectIOn 15162, the Project does not present a I substantlal change or new mformatlOn that would reqmre further CEQA analYSIS I The environmental Impacts associated With development of the Project were I contemplated by the FEIR and were fully analyzed and mltlgated therem No new I CEQA documentatIOn IS necessary for the Project I SECTION 3 That m accordance With Lake Elsmore MUlllclpal Code I Chapter 1774, the Plannmg CommissIOn makes the followmg findmgs for the approval ofCondltlonal Use Permit 2006-15 I 1 The proposed use on ItS ownlments and wlthm the context of ItS settmg, IS m accord With the obJectlves of the General Plan and the purpose of the plannmg dlstnct m which the site IS lodted I The Hunter s Ridge CondommlUm Community will be developed at a denSity of I 11 6 dwellmg Units per acre whICh IS consistent with the Canyon Hills Specific Plan Amendment No 2 desll!ratlOn of MF 1 which accommodates reSidential development of up to 15 dwellmg Units per acre The Project IS consistent with I the deSignated land use development and deSign standards and all other I appropriate reqUirements contamed m the General Plan Canyon Hills Specific Plan Amendment No 2 and Lhke Elsmore MUniCipal Code I 2 The proposed use Will not be detnmental to the general health, safety, comfort or welfare of persons resldmg or workmg wlthm the neighborhood of the I proposed use or the City or mJunous to property or Improvements m the I neighborhood or the City I The Project Will not be detrzmental to the health safety comfort or general I welfare of the persons resldmg or worlang near It The Project Will not be I mJurlous to property or Improvements m the project area or wlthm the City I I i I Agenda Item No 17 Page 44 of 82 I I I PLANNING COMMISSION RESOLUTION NO 2007-160 PAGE40F6 All applzcable City Departments and Agencies have been afforded the I opportumty for a thorough review of the Project and have mcorporated all I applzcable comments and/or conditIOns related to mstallatlOn and mamtenance of landscapmg street dedicatIOns regulatIOns of pomts of vehicular mgress I and egress and control of potential nUisances so as to elzmmate any negative Impacts to the general health I safety comfort or welfare of the surroundmg neighborhood or the City [ 3 The site for the mtended use IS adequate m size and shape to accommodate the use and for all the yards setbacks, walls or fences, landscapmg, buffers and other features reqUired I The Project has been designed m consideratIOn of the sIZe and shape of the I property thereby strengthenmg and enhancmg the Immediate areas The I Project will complement the qualzty of nelghbormg eXlstmg and future uses by I creatmg vlsually-pleasmg development Staff has substantiated that all I applzcable City Departments and Agencies have been afforded the opportumty I for a thorough review of the Project and have mcorporated all applzcable I comments and/or conditIOns [ related to mstallatlOn and mamtenance of landscapmg street dedicatIOns regulatIOns of pomts of vehicular mgress and I egress and control of potential nUIsances so as to elzmmate any negative I Impacts to the general health safety comfort or general welfare of the I surroundmg neighborhood or the City I I 4 The site for the proposed use relates to streets and highways With proper design I both as to width and type of I1avement to carry the type and quantity of traffic generated by the subject use ~ I Approval of the Project will not result m Significant new traffic Impacts The I Project does not mvolve moqificatlOn to the circulatIOn system or roadway layout as It eXists under the ongmal Specific Plan and Specific Plan I Amendment No 2 The Home Owner s AssociatIOn (HOA) Will be responsible I for mamtenance of the roa~ays Surroundmg roadways to the Project have been constructed With the overall Canyon Hills Specific Plan and have suffiCient capacity to service the Project I 5 The project complies With the I design directIves contamed m SectIon 17 82 060 and all other applicable provISIons ofthe Mumclpal Code I I I I I Agenda Item No 17 Page 45 of 82 PLANNING COMMISSION RESOLUTION NO 2007-160 PAGE50F6 I I The Project IS appropriate to the site and surrounding developments In that the I condominIUm umts and bUildings and recreatIOnal center have been deSigned I with archlfectural and deslgnfeatures treatments and articulatIOn whICh blend I Into the landscape and topography of the area Further the Project wIll create I a Visually-pleasing commumty that will not detract from eXisting and future I development In the area In terms of architectural deSign color and materials I 6 Subject to the attached condltlOns of approval, the proposed project IS not I anticIpated to result In any slgt;lIficant adverse environmental Impacts I The Project has been reViewed and conditIOned by all applIcable City I departments Those conditIOns of approval ensure that the Project will not I result In any Significant adverse environmental Impacts I 7 ConditIons and safeguards pursuant to Chapters 1774050 have been Incorporated mto the approval of the ConditIonal Use Permit to ensure that the use contmues m a manner enVISIOned by these findmgs for the term of the use I After extensive review of the Project It was determined that the conditIOns of approval Imposed upon the I Project ensure that adjoining properties and I reSidents will not be negatlvelx Impacted by the Project I I SECTION 4 Based upqn all of the eVidence presented both oral and wrItten, the above findmgs and the conditIons of approval Imposed upon the Project, the Plannmg CommlssHln hereby approves ConditIonal Use Permit No 2006-15 I I I SECTION 5 ThiS ResolutIOn shall take effect from and after the date of ItS passage and adoption Agenda Item No 17 Page 46 of 82 I I I I I PLANNING COMMISSION RESOLUTION NO 2007-160 PAGE60F6 I I PASSED, APPROVED AND ADOPTED this 18th day of September I 2007, by the followmg vote I AYES COMMISSIONERS I I COMMISSIONERS I I ABSENT COMMISSIOiRS ABSTAIN COMMISSIOfRS I I I I I I I I Rolfe Prelsendanz I Director of Commumty Development I I I GONZALES, MENDOZA, FLORES, ZANELLI NOES o NEAL Michael 0 Neal, Chairman City of Lake Elsmore ATTEST Agenda Item No 17 Page 47 of 82 I RESOLUTION NO 2007-161 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, Ci.:ALlFORNIA, RECOMMENDING TO THE , CITY COUNCIL APPROVAL OF VESTING TENTATIVE PARCEL MAP NO 34978 I I WHEREAS Pardee Homes has filed an apphcatIOn with the City of Lake I Elsmore requestmg approval of V'estmg Tentative Parcel Map No 34978, which subdiVides 28 76 acres of land wlthm the Canyon HIlls SpeCIfic Plan mto one (1) lot (the 'SubdIVIsIOn ) and I I WHEREAS, the SubdiVISion IS located on the north Side of Railroad Canyon Road, and I WHEREAS, the Plannmgl CommiSSIOn of the City of Lake Elsmore has been delegated With the responslblhty of makmg recommendatIOns to the City Council pertammg to the subdIVIsIOn ofland, and I WHEREAS pursuant to the Cahfomla EnVironmental Quahty Act (Cal Pub Res Code ~~ 21000 et seq I CEQA') and the CEQA GUIdehnes (14 C C R SS 15000 et seq) pubhc agencI~s are expressly encouraged to reduce delay and paperwork associated With the ImplementatIOn of CEQA by usmg preVIOusly I prepared environmental documents when those preVIOusly prepared documents I adequately address the potential Impacts of the proposed project (CEQA I GUIde1mes SectIOn 15006), and i I WHEREAS, CEQA GUIdelmes Section 15162(a) states that "When an EIR , has been certified or negative declaratIOn adopted for a project, no subsequent EIR I shall be prepared for that project unless the lead agency determmes, on the baSIS of , substantial eVidence m the hght of the whole record one or more of the followmg 1 Substantial changes iare proposed m the project whICh Will reqUIre major reVISIOns of the prevIous EIR or negative declaratIOn due to the mvolvement of new slgmficant environmental I effects or a substantial mcrease m the seventy of previously Identified slgmficant effects I I 2 Substantial changes I occur With respect to the circumstances under which the project IS undertaken which Will reqUIre major revIsions of the prevIous EIR or negative declaratIOn ,due to the mvolvement of new slgmficant environmental effects or a sub'stantlal mcrease m the seventy of preVIOusly Identified slgmficant effects or I I I I I Agenda Item No 17 Page 48 of 82 PLANNING COMMISSION RESOLUTION NO 2007-161 PAGE20F5 3 New mformatlOn of substantial Importance which was not known and I could not have been known With Ithe exercise of reasonable dlhgence at the time the prevIOus EIR was certlfied as complete or the negatlVe declaratiOn was adopted, shows any of the followmg I (A) The project w1l1 have' one or more slgmficant effects not discussed m I the prevIOus EIR or negative declaratiOn, , I (B) Slgmficant effects previOusly exammed Will be substantially more I sever than shown m the previOus EIR, (C) MItigatiOn measures or alternatives prevIOusly found not the be feaSible would m fact be feaSible and would substantially reduce one or more slgmficant effects of the project Ibut the project proponents dechne to adopt the mitigatiOn measure or alternative, or I (D) MitigatiOn measures ;or alternatives which are conSiderably different from those analyzed m the previOUS EIR would substantially reduce one or more I slgmficant effects on the environment but the project proponents declme to adopt I the mitigatIOn measure or alternative" and I WHEREAS Addendum No 2 to the certified Fmal Environmental Impact , Report, State Clearmghouse No 87111606 (the' FEIR") for the Cottonwood Hills I SpeCific Plan was prepared and approved by the City CounCil m March 2007 to , address mmor changes associated With SpeCific Plan Amendment No 2 to the I Cottonwood Hills SpeCific Plan (renamed the Canyon H1l1s SpeCific Plan as part of I SpeCific Plan Amendment No 2) land I WHEREAS, the SubdiVIsiOn was contemplated by SpeCific Plan Amendment No 2 and does not !present substantial changes or new mformatiOn regardmg the potential environmental Impacts that were analyzed m the FEIR or I the changes addressed m Addendum No 2 and I WHEREAS, pubhc notlclf of the SubdiVISion has been given and the Planmng CommissiOn has conSidered eVidence presented by the Commumty Development Departlnent and other mterested parties at a pubhc heanng held With respect to thiS Item on September '18 2007 I I I Agenda Item No 17 Page 49 of 82 I PLANNING COMMISSION RESOLUTION NO 2007-161 PAGE 3 OF5 NOW, THEREFORE, THE PLANNING COMMISSION OF THE , CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 The PlannIng CommissIOn has considered the SubdivIsIOn I pnor to makIng a decIsIOn to r~commend that the City Council approve the appllcatlon The PlannIng CommissIOn hereby finds and determInes that the I SubdivIsion compiles with the reqUIrements of Title 16 of the Lake ElSInore I Municipal Code I SECTION 2 The PlannIng CommiSSIOn finds and determInes that In I accordance with CEQA GUIdelInes SectIOn 15162, the SubdivIsion does not I present a substantial change or ne~ InformatIOn that would reqUIre further CEQA analysIs The environmental Impacts associated with development of the I SubdivIsIOn were contemplated b~ the FEIR and were fully analyzed and mitigated thereIn No new CEQA documentatIOn IS necessary for the SubdivIsIOn I I SECTION 3 That In accordance with the SubdlVlslOn Map Act and the , Lake ElSInore Mumclpal Code, the PlannIng CommissIOn makes the folloWIng findIngs for the approval ofVestuig Tentative Parcel Map No 34978 1 The SubdivIsion together WltJ the provIsIOns for the deSign and Improvement I are consistent with the General Plan, Zomng Code, Title 16 of the Mumclpal I Code relatIng to SubdivIsions, and the State SubdivIsion Map Act I Canyon Hills Specific Plan Amendment No 2 deSignates the SubdivIsIOn site as , multl-famlly resldentzal (MP,1) Consistent with that deSignatIOn the SubdivIsIOn will accommodate la multi-family resldentzal prOject with a denSity I of up to approximately 12 awellzng unzts per acre The SubdivIsIOn IS consistent with the deSignated land use development and deSign standards and all other approprzate reqUirements contazned zn the General Plan Canyon Hills Specific Plan Amendment No 2 and SubdivIsIOn Map Act I 2 The SubdivIsIOn IS compatible, with the objectives pollcles general land uses and programs speCified In the General Plan (Government Code SectIOn ~4n~ I I The SubdivIsIOn IS consistent with the land use plan development and deSign I standards and programs and all other approprzate requirements contazned zn Agenda Item No 17 Page 50 of 82 PLANNING COMMISSION RESOLUTION NO 2007-161 PAGE 4 OF 5 the General Plan and Canyon Hills Specific Plan Amendment No 2 Vestmg Tentative Parcel Map No 34978 IS consistent with the MFJ designatIOn and appbcable development and design standards 3 The effects thIs SubdlVlslOn IS lIkely to have upon the housmg needs of the regIOn, the publIc servIce reqUirements of ItS resIdents, and the avaIlable fiscal and envIronmental resources have been consIdered and balanced The SubdiVISIOn IS consistent With the City s General Plan Zomng Code and the Canyon Hills Specific Plan Amendment No 2 The SubdiVISIOn will provide necessary pubbc services and faclbtles will pay all appropriate fees and will not result m any adverse environmental Impact 4 The deSIgn of the SubdIVISIOn proVIdes to the greatest extent possIble, for future passIve or natural heatmg or coolIng opportumtles m the subdIVISIon (Govermnent Code SectIOn 66412 3) The SubdiVISIOn Will comply With all appropriate conservatIOn reqUirements of the City and Uniform Buddmg Code SECTION 4 Based upon all of the eVIdence presented, the above findmgs and the condItIOns of approval Imposed upon the Project, the Plannmg CommIssIon hereby recommends that the CIty CounCIl approve Vestmg TentatIve Parcel Map No 34978 SECTION 5 ThIS ResolutIOn shall take effect from and after the date of ItS passage and adoptIOn PASSED, APPROVED AND ADOPTED thIS 18th day of September 2007, by the followmg vote AYES COMMISSIONERS GONZALES, MENDOZA, FLORES, ZANELLI NOES COMMISSIONERS ABSENT COMMISSIONERS O'NEAL ABSTAIN COMMISSIONERS Agenda Item No 17 Page 51 of 82 PLANNING COMMISSION RESOLUTION NO 2007-161 PAGE 5 OF 5 ATTEST Rolfe M Prelsendanz DIrector of Commumty Development MIChael O'Neal, ChaIrman Lake Elsmore Planmng CommISSIOn Agenda Item No 17 Page 52 of 82 RESOLUTION NO 2007-162 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO 2006-09 WHEREAS, Pardee Homes has filed an applIcatlOn with the City of Lake ElsInore requestIng ReSidentIal Design Review approval for the Hunter's Ridge CondomInIUm Commumty and ultImate development withIn Parcel Map No 34978 (the ProJect"), and WHEREAS, the Planmng Commission of the City of Lake ElsInore has been delegated with the responsIbIlity of approvmg DesIgn RevIew requests for resIdentIal projects WithIn the Canyon Hills Specific Plan, and WHEREAS pursuant to the CalifornIa Environmental Quality Act (Cal Pub Res Code SS 21000 et seq "CEQA) and the CEQA GUidelInes (14 C C R SS 15000 et seq) public agencies are expressly encouraged to reduce delay and paperwork associated with the ImplementatlOn of CEQA by USIng prevlOusly prepared environmental documents when those previously prepared documents adequately address the potentIal Impacts of the proposed project (CEQA GUidelInes SectlOn 15006) and WHEREAS, CEQA GUidelInes Section l5l62(a) states that "When an EIR has been certified or negative declaratlOn adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determmes, on the baSIS of substantIal eVidence In the light ofthe whole record one or more of the follOWIng 1 Substantial changes are proposed In the project which will reqUire major revIsions of the prevIous EIR or negatIve declaratlOn due to the Involvement of new slgmficant environmental effects or a substantIal Increase In the seventy of prevlOusly IdentIfied significant effects, 2 SubstantIal changes occur With respect to the circumstances under which the project IS undertaken which Wlll reqUire major reVlSlOns of the prevlOUS EIR or negatIve declaratlOn due to the Involvement of new significant environmental effects or a substantial Increase In the seventy of prevlOusly Identified slgmficant effects or 3 New InformatlOn of substantial Importance which was not known and could not have been known With the exercise of reasonable diligence at the tIme Agenda Item No 17 Page 53 of 82 PLANNING COMMISSION RESOLUTION NO 2007-162 PAGE20F4 the prevIOus EIR was certIfied as complete or the negatIve declaratIOn was adopted, shows any of the follOWIng (A) The project WIll have one or more slgmficant effects not dIscussed In the prevIOus EIR or negatIve declaratIOn (B) Slgmficant effects prevIOusly examIned WIll be substantIally more sever than shown In the prevIOus EIR, (C) MItIgatIOn measures or alternatIves prevIOusly found not the be feasIble would In fact be feasIble and would substantIally reduce one or more SIgnIficant effects of the project but the project proponents declIne to adopt the mItIgatIOn measure or alternatIve or (D) MItIgatIOn measures or alternatIves whIch are consIderably dIfferent from those analyzed In the prevIOus EIR would substantIally reduce one or more SIgnIficant effects on the envIronment, but the project proponents declIne to adopt the mItIgatIon measure or alternatIve" and WHEREAS, Addendum No 2 to the certIfied FInal EnVIronmental Impact Report, State ClearInghouse No 87111606 (the FEIR) for the Cottonwood HIlls SpeCIfic Plan was prepared and approved by the CIty CouncIl In March 2007 to address mInor changes assOCIated WIth SpeCIfic Plan Amendment No 2 to the Cottonwood HIlls SpeCIfic Plan (renamed the Canyon HIlls SpeCIfic Plan as part of SpeCIfic Plan Amendment No 2) and WHEREAS the Project was contemplated by SpeCIfic Plan Amendment No 2 and does not present substantIal changes or new InformatIOn regardIng the potentIal envIronmental Impacts that were analyzed In the FEIR or the changes addressed In Addendum No 2 and WHEREAS, publIc notIce of the Project has been gIVen, and the PlannIng CommIssIOn has conSIdered eVIdence presented by the Commumty Development Department and other Interested partIes at a publIc hearIng held WIth respect to thIS Item on September 18 2007 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS Agenda Item No 17 Page 54 of 82 PLANNING COMMISSION RESOLUTION NO 2007-162 PAGE30F4 SECTION 1 The Planmng Commission has considered the proposed design and bUildmg elevatiOns for the Hunter's Ridge Condommmm Commumty and has found them acceptable The Planmng CommissiOn finds and determmes that the Hunter s Ridge Condommmm Community deSign is conSistent With Amendment No 2 of the Canyon Hills Specific Plan SECTION 2 The Plannmg CommissiOn finds and determmes that m accordance with CEQA GUidelmes SectiOn 15162 the Project does not present a substantial change or new mformatiOn that would reqUire further CEQA analySiS The environmental impacts associated with development of the Project were contemplated by the FEIR and were fully analyzed and mitigated therem No new CEQA documentatiOn is necessary for the Project SECTION 3 That m accordance With Lake Elsmore Mumcipal Code Chapter 17 82 the Plannmg CommissiOn makes the followmg findmgs for the approval of Residential DeSign ReView No 2006-09 1 The project compiles With the Goals Objectives and Poilcies of the General Plan and the Canyon Hills SpeCific Plan Amendment No 2 as approved The General Plan deSignates the project site as Canyon Hills Specific Plan The Canyon Hllls Specific Plan Amendment No 2 deSignates the project site as MFl Parcel Map No 34978 and the Hunter s Ridge CondominIUm Commumty will collectively lead to the constructIOn of a multi family condomlmum development that IS consistent With Canyon Hllls Specific Plan Amendment No 2 2 ThiS project comphes With the deSign directives contamed m Chapter 17 82 060 and all other appilcable provlSlons ofthe Lake Elsmore Mumcipal Code The Project IS appropriate to the site and surrounding developments In that It Will result In the constructIOn of multl-famlly attached umts In accordance With appropriate development and deSign standards contained In Canyon Hills Specific Plan Amendment No 2 The Project creates Interest and varying vistas as a person moves along any street Within the Hunter s Ridge Commumty The Project also complements the quahty of eXisting neighboring development and Will continue to prOVide Visually-pleasing deSign and architecture within the project area Agenda Item No 17 Page 55 of 82 PLANNING COMMISSION RESOLUTION NO 2007-162 PAGE 4 OF 4 3 ConditIOns and safeguards pursuant to Chapter 17 82 070, mcludmg guarantees and eVidence of compliance with conditIons, have been mcorporated Into the approval of the project to ensure development of the property In accordance With the General Plan MUnIcipal Code, and Canyon Hills Specific Plan Amendment No 2 The Planmng CommissIOn has considered the Project and finds that with the attached conditIOns of approval the Project comphes with the purposes and objectives of the General Plan Mumclpal Code and Canyon Hills Specific Plan Amendment No 2 SECTION 4 Based upon the eVidence presented, the above findings, and the attached conditIOns of approval, the Planning CommissIOn hereby recommends that the City Council approve Design Review 2006-09 for the Hunter's Ridge CommunIty SECTION 5 ThiS ResolutIOn shall take effect from and after the date of ItS passage and adoptIOn PASSED, APPROVED AND ADOPTED thiS 18th day of September 2007 by the follOWing vote AYES COMMISSIONERS GONZALES, MENDOZA, FLORES, ZANELLI NOES COMMISSIONERS ABSENT COMMISSIONERS O'NEAL ABSTAIN COMMISSIONERS Michael O'Neal, Chairman Lake ElSinore Planning CommiSSIOn ATTEST Rolfe M Prelsendanz Director of CommunIty Development Agenda Item No 17 Page 56 of 82 I I In IfJ ! 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I o J .J Agenda Item NJI7 Page 82 cAz CITY OF ~ LAKE 6LSINORE: \ I ~:~ DREAM E;(TREMEN REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9, 2007 SUBJECT PUBLIC HEARING APPROVING THE FORMATION OF CFD 2007-4 (MAKENNA COURT) CALLING A SPECIAL ELECTION CANVASSING ELECTION RESULTS, AUTHORIZING LEVY OF SPECIAL TAXES Backaround Corman Leigh LLC (the Developer') submitted an application (including a finance plan) for the establishment of a Community FacIlities District for their development Makenna Court located between Machado Street and Terra Cotta Road DISCUSSion The Developer plans to develop 81 single family detached units (the Project) SpecIal Tax The average residential special tax IS estimated at $2 485 The annual CFD Special Taxes when combined with all other property taxes applicable to the Project have been established so as not to exceed 1 92% of the anticipated residential home prices Within the project which IS Within the 2% City CFD gUidelines The 2% maximum tax rate Includes estimates for the City development Impact fees ( City Fees) EVMWD sewer and water capacity fees ( EVMWD Fees) LEUSD Impact fees and If suffiCient bonding capacity IS available City Improvements (collectively City FacIlities) ThiS development does not fall under the new CFD gUidelines adopted by the City Council In 2005 therefore an annual escalator of 2% per year IS proposed for the annual special tax The Mello Roos Community FaCIlities Act of 1982 (the Mello Roos Act) was specifically drafted to assist agencies With the Impacts of new developments In addition to proViding a mechanism to fund the construction of public Infrastructure the Mello Roos Act allows an agency to fund the Incremental Increase In cost of services due to the new development Agenda Item No 18 Page 1 of 78 Public Hearing CFD 2007 4 October 9 2007 Page 2 Bond Issue In order to finance the facIlities It IS necessary to Incur bonded Indebtedness The not to exceed amount IS $4 000 000 The bond Issue IS expected to be approximately $2 9 million It IS anticipated that the bond Issue will have an escalating debt structure based on the 2% annual Increase In special taxes Parks, Open Space and Storm Drams OperatIon and Mamtenance BUilt Into the rate and method of apportionment (RMA) IS a special tax to cover a portion of the Increased cost of maintaining parks open space and storm drains as a result of the new development The Mello Roos Community FaCilities Act of 1982 (the Mello Roos Act) was specifically drafted to assist agencies With the Impacts of new developments In addition to providing a mechanism to fund the construction of public Infrastructure the Mello Roos Act allows an agency to fund the Incremental Increase In cost of services due to the new development These services Include police fire (Including paramediC) maintenance of parks open space and storm drains A park open space and storm drain maintenance component of the RMA IS proposed and IS being recommended for all new faCIlities CFD s as a part of the RMA As presented In the RMA Section I reSidential property Will be assessed $251 78 per Single family Unit and $125 89 per multifamily Unit for FY 200708 FlscallmDact Annual administrative expenses may be funded through bond fund earnings and the speCial annual tax levy Repayment of the bonds IS secured by the speCial taxes levied on all property Within the district other than those properties that are exempt as prOVided In the respective rate and method of apportionment Recommendations 1 Open the PubliC Hearing and call for testimony 2 Close the Public Hearing 3 Waive further reading and adopt a resolution of formation determining the validity of prior proceedings and establishing City of Lake ElSinore Community FaCIlities District No 2007 4 (Makenna Court) 4 Waive further reading and adopt a resolution to Incur bonded Indebtedness In the amount not to exceed $4 000 000 Within the City of Lake ElSinore Community FaCilities District No 2007-4 (Makenna Court) and Calling a SpeCial Election 5 Direct the City Clerk to open sealed ballot(s) tally vote(s) announce the vote tally and state whether 2/3 of the voters are In favor Agenda Item No 18 Page 2 of 78 Public Heanng CFD 2007-4 October 9 2007 Page 3 6 Waive further reading and adopt a resolution canvassing the results of the Special Election held within the City of Lake Elsinore Community FaCIlities Dlstnct No 2007 4 (Makenna Court) 7 Waive further reading and Introduce and ordinance authonzlng the levy of a services special tax and a special tax Prepared by Matt N Pressey~ Director of Adml~lstratlve ServIces Robert A Brady() tfi City Manager ~ Approved by Agenda Item No 18 Page 3 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit A September 27 2007 Page A 1 Boundary Map PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No 2007-4 OF THE CITY OF LAKE ELSINORE (MAKENNA COURT) COUNTY OF RIVERSIDE STATE OF CALIFORNIA SCALE. I ,_ '" w '" "" ...J ............. .. ...... - -I fTl ;0 ;0 )> (") o -I -I )> ;0 o )> CI ( EXCLUDING LOT 81 Of TRACT JJ4116 EXCLUDING LOT 4J OF TRACT JJ4116 ram N om<< OF .. QTl' QDW( CF _ QTl' OF !.ME II.SNX "',--IJA tJF ~ PROJECT SITE gn'QIRI{a< 111I: UJl' D'"I.MI: e.-.- HEllUl'l"anrY1Ko\ _....awo~_MllI'OSm.........DT~ AC&l'll!S ~~~1IC~~Jo:rr1f.r~~CIOUIm'cu.~_ =-=~ 1HEllEOFHEUlGJIM_OA OT_-xn ITnlESl:lWllllN"'__ arr~w lr&urrgrLlllllu.-.. ~~":--!!."l'1Y ~lIS1III;I5~OF~,,:..n:...,~f1I'lWS INHaI'tlZf1f1HEOllUJm'lElClNIP11CClUIh't1F~-ifA'If"iii"~ -..... ClllI"rrCUM'~ """""'- "'L.-- JUPDlCt1Hl:1I'IIlISIl[cx:urrr~lIW'SftIlt an..... llDQlP1lllJII'OTN&ILUfCI"_ PROPOSED BOUNDARY MAP BlWlIlIStASSOl'*lES ..'--........ -~.... CMIJ...... nIl~"'" romaumIt;, .......... DWrW 110. 100'I'4 01 U. a~~ ....... _J_~ .... I .. ......... ......... ~Jl '"' --- Q \BLSINORE\CFD 2007-4 Makenna Court\reports\CFD Report 2007-4 (Makenna Court) doc Agenda Item No 18 Page 4 of 78 RESOLUTION NO 2007 RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2007-4 (MAKENNA COURT) WHEREAS the City Council (the Council) of the City of Lake Elsinore (the City) has heretofore adopted Resolution No 2007 156 (Resolution of Intention) stating ItS Intention to form City of Lake Elsinore Communrty FaCilities Dlstnct No 2007 4 (Makenna Court) (the CFD) pursuant to the Mello Roos Communrty FaCilities Act of 1982 as amended (the Act) and WHEREAS a copy of the Resolution of Intention IS on file with the City Clerk and Incorporated herein by reference and WHEREAS pursuant to the Act and In accordance with applicable laws this Council held a public heanng on the formation of the CFD and the Incurnng of bonded Indebtedness with respect to the CFD and WHEREAS at said heanng all persons not exempt from the SeNlces Special Tax and the Special Tax desiring to be heard on all matters pertaining to the formation of the CFD were heard and a full and fair heanng was held and WHEREAS at said heanng eVidence was presented to the Council on said matters before It and this Council at the conclUSion of said heanng IS fully advised In the premises NOW THEREFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS SECTION 1 Pursuant to Section 53325 1 (b) of the Government Code the Council finds and determines that the proceedings pnor hereto were valid and In conformity With the requirements of the Act SECTION 2 A communrty faCilities dlstnct to be designated City of Lake Elsinore Community FaCilities Dlstnct No 2007 4 (Makenna Court) IS hereby established pursuant to the Act SECTION 3 The descnptlon and map of the boundanes of the CFD on file In the City Clerk s office and as descnbed In the Resolution of Intention and Incorporated herein by reference shall be the boundanes of the CFD The map of the proposed boundanes of the CFD has been recorded In the Office of the County Recorder of Riverside County California (Book 72 of Maps of Assessment and Communrty Facilities Dlstnct at page 20 and as Instrument No 2007 0588896) 1 Agenda Item No 18 Page 5 of 78 SECTION 4 Except where funds are otherwise available It IS the intention of the Council to levy annually In accordance with procedures contained In the Act a specIal tax (the Services Special Tax) suffiCient to finance a portion of the cost of providing parks open space and storm drain maintenance services (the Services) that are In addition to those provided In the territory wIthin the CFD prior to the formation of the CFD and do not supplant services already available within the territory proposed to be Included In the CFD the costs of administering the levy and collection of the Services Special Tax and all other costs of the levy of the Services Special Tax including any foreclosure proceedings legal fiscal and financial consultant fees election costs and all other administrative costs of the tax levy The Services Special Tax will be secured by recordation of a continuing lien against all real property In the CFD The schedule of the rate and method of apportionment and manner of collection of the Services Special Tax IS described In detail In Exhibit A attached hereto The Services are more fully described In the report presented to this Council at the public hearing (the Report) The Services Special Tax IS apportioned to each parcel on the foregoing basIs pursuant to Section 53325 3 of the Act SECTION 5 The facIlities proposed to be financed by the CFD are public Infrastructure facIlities and other governmental facIlities with an estimated useful life of five years or longer which the CFD IS authorized by law to construct own or operate and that are necessary to meet Increased demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD as descnbed In more detail In Exhibit B attached hereto and related costs including design inspections professional fees annexation fees connection fees and acquIsition costs (the FacIlities) Such FacIlities need not be physically located within the CFD The FacIlities are more fully described In the Report SECTION 6 Except where funds are otherwise available It is the intention of the Council to levy annually In accordance with procedures contained In the Act a special tax (the Special Tax) suffiCient to pay for the costs of financing the acquIsItion and/or construction of the FacIlities Including the principal of and Interest on the bonds proposed to be Issued to finance the FacIlities and other periodic costs the establishment and replenishment of reserve funds the remarkettng credit enhancement and liqUidity fees the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax and Issuance of the bonds including any foreclosure proceedings architectural engineering inspection legal fiscal and financial consultant fees discount fees Interest on bonds due and payable prior to the expiration of one year from the date of completion of facIlities (but not to exceed two years) election costs and all costs of Issuance of the bonds including but not limIted to fees for bond counsel disclosure counsel financing consultants and printing costs and all other administrative costs of the tax levy and bond Issue The Special Tax Will be secured by recordation of a continUing lien against all real property In the CFD In the first year In which such a Special Tax IS levied the levy shall Include a sum suffiCient to repay to the City all amounts If any transferred to the CFD pursuant to Section 53314 of the Act and Interest thereon 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 2 Agenda Item No 18 Page 6 of 78 The Special Tax IS apportioned to each parcel on the foregoing basIs pursuant to Section 53325 3 of the Act In the event that a portion of the property within the CFD shall become for any reason exempt wholly or partially from the levy of the Special Tax the Council shall on behalf of the CFD mcrease the levy to the extent necessary upon the remalnmg property wlthm the CFD which IS not delinquent or exempt m order to Yield the required payments subject to the maximum tax Under no circumstances however shall the Special Tax leVied agamst any parcel used for pnvate residential purposes be Increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the CFD by more than 10 percent Furthermore the maximum special tax authonzed to be leVied against any parcel used for pnvate residential purposes shall not be mcreased over time In excess of 2 percent per year SECTION 7 Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114 5 of the Streets and Highways Code a contmumg lien to secure each levy of the Services Special Tax and the Special Tax shall attach to all real property m the CFD and the lien with respect to the Special Tax shall contmue In force and effect until the Special Tax obligation IS prepaid or otherwise permanently satisfied and the lien canceled m accordance with law and the lien with respect to the Services Special Tax and the Special Tax shall contmue m force and effect until collection of the Services Special Tax and the Special Tax by the CFD ceases SECTION 8 Neither the proposed Services Special Tax nor the Special Tax to be leVied In the CFD has been precluded by protests by owners of one half or more of the land In the terntory mcluded In the CFD pursuant to Government Code Section 53324 SECTION 9 Pursuant to and m compliance with the provIsions of Government Code Section 50075 1 the Council hereby establishes the followmg accountability measures pertalnmg to the levy by the CFD of the Services Special Tax and the Special Tax (a) Such Services Special Tax and the Special Tax shall be leVied for the speCific purposes set forth herein (b) The proceeds of the levy of such Services Special Tax and the Special Tax shall be applied only to the speCific purposes set forth herem (c) The CFD shall establish an account or accounts mto which the proceeds of such Services Special Tax and the Special Tax shall be deposited (d) The City Manager or hiS or her deSignee actmg for and on behalf of the CFD shall annually file a report with the Council as required pursuant to Government Code Section 50075 3 3 Agenda Item No 18 Page 7 of 78 The Special Tax IS apportioned to each parcel on the foregoing basIs pursuant to Section 533253 of the Act In the event that a portion of the property within the CFD shall become for any reason exempt wholly or partially from the levy of the Special Tax the Council shall on behalf of the CFD Increase the levy to the extent necessary upon the remaining property within the CFD which IS not delinquent or exempt In order to Yield the required payments subject to the maximum tax Under no circumstances however shall the Special Tax 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 CFD by more than 10 percent Furthermore the maximum special tax authorized to be levied against any parcel used for private residential purposes shall not be Increased over time In excess of 2 percent per year SECTION 7 Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114 5 of the Streets and Highways Code a continUing lien to secure each levy of the Services Special Tax and the Special Tax shall attach to all real property In the CFD and the lien with respect to the Special Tax shall continue In force and effect until the Special Tax obligation IS prepaid or otherwise permanently satrsfied and the lien canceled In accordance with law and the lien with respect to the Services Special Tax and the Special Tax shall continue In force and effect until collection of the Services Special Tax and the Special Tax by the CFD ceases SECTION 8 Neither the proposed Services Special Tax nor the Special Tax to be levied In the CFD has been precluded by protests by owners of one half or more of the land In the terntory Included In the CFD pursuant to Government Code Section 53324 SECTION 9 Pursuant to and In compliance with the prOVIsIons of Govemment Code Section 50075 1 the Council hereby establishes the follOWing accountability measures pertaining to the levy by the CFD of the Services Special Tax and the Special Tax (a) Such Services Special Tax and the Special Tax shall be levied for the speCific purposes set forth herein (b) The proceeds of the levy of such Services Special Tax and the Special Tax shall be applied only to the speCific purposes set forth herein (c) The CFD shall establish an account or accounts Into which the proceeds of such Services Special Tax and the Special Tax shall be deposited (d) The City Manager or his or her designee acting for and on behalf of the CFD shall annually file a report With the Council as required pursuant to Government Code Section 50075 3 3 Agenda Item No 18 Page 8 of 78 SECTION 10 The City Manager 130 S Main Street Lake Elsinore CalifornIa 92530 (951) 674 3124 or hIs desIgnee IS designated to be responsible for prepanng or causing to be prepared annually a current roll of Services Special Tax and the Special Tax levy obligations by assessor's parcel number and for estimating future Services Special Tax and the Special Tax leVies pursuant to Section 53340 1 of the Government Code SECTION 11 The voting procedure with respect to the Imposition of the Services Special Tax and the Special Tax Incurnng bonded Indebtedness and establishing an appropriations limit of the CFD shall be by hand delivered or mailed ballot election SECTION 12 The City Clerk IS directed to certify and attest to this Resolution and to take any and all necessary acts to call hold canvass and certify an election or elections on the Incurnng bonded Indebtedness the levy of the Special Tax and the establishment of the appropriation limit SECTION 13 This Resolution shall take effect from and after the date of ItS passage and adoption PASSED APPROVED AND ADOPTED thiS 9th day of October 2007 by the following vote 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 4 Agenda Item No 18 Page 9 of 78 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore CalIforma hereby certify that Resolution No was adopted by the City Council of the City of Signal Hill at a regular meeting held on the 9th day of October 2007 and that the same was adopted by the following vote AYES NOES ABSTAIN ABSENT VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 5 Agenda Item No 18 Page 10 of 78 EXHIBIT A RATE AND METHOD OF APPORTIONMENT Agenda Item No 18 Page 11 of 78 EXHIBIT B DESCRIPTION OF FACILITIES City of Lake Elsinore Fees LIbrary Fee Master Plan of Dramage Fee Park In LIeu Fee Traffic Impact Fee Fire Facll1tles Impact Fee Public BUlldmg Impact Fee Transportation Un/form Mitigation Fee Multiple Species Habitat ConselYatlon Plan Fee City of Lake Elsinore Facilities storm Dram Facilities Traffic Signal Improvements street Improvements Lake Elsinore Unified School District Fees Elsinore Valley MUniCIpal Water District Fees Water ConnectIOn Fee Sewer Connection Fee Landscape Iff/gatlon Meters 2 Fee Landscape lff/gatlOn Meters 1 Fee Landscape Iff/gatlon Meters Backflow Inspection Fee Agenda Item No 18 Page 12 of 78 RESOLUTION NO 2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $4,000,000 WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2007-4 (MAKENNA COURT) AND CALLING A SPECIAL ELECTION WHEREAS the City Council (the Council) of the City of Lake Elsinore (the City) has heretofore adopted ResolutIon No 2007 _ (the Resolution of Formation) which formed the City of Lake Elsinore Community Facilities Dlstnct No 2007-4 (Makenna Court) (the CFD) pursuant to the Mello Roos Community Facilities Act of 1982 as amended (the Act) to finance a portion of the cost of prOViding parks open space and storm drain maintenance services (the Services) that are In addition to those provided In the terntory Within the CFD pnor to the formation of the CFD and to finance the purchase construction expansion or rehabilitation of certain real and other tangible property With an estimated useful life of five years or longer Including public Infrastructure faCilities and other governmental faCilities which the City IS authonzed by law to construct own or operate (the Facilities) and WHEREAS a copy of the Resolution of Formation IS on file With the City Clerk and Incorporated herein by reference and WHEREAS In order to finance the FaCilities It IS necessary to Incur bonded Indebtedness In the amount not to exceed $4 000 000 the repayment of which IS to be secured by speCial taxes leVied In accordance With Section 53340 et seq of the Act on certain properties Within the CFD NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE DETERMINE AND ORDER AS FOLLOWS SECTION 1 The above reCitals are true and correct SECTION 2 It IS necessary to Incur bonded Indebtedness In the amount not to exceed $4 000 000 to finance the costs of the FaCilities SECTION 3 The Indebtedness will be Incurred for the purpose of finanCing the costs of acqulnng the FaCilities the finanCing of the costs associated With the Issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act 1 Agenda Item No 18 Page 13 of 78 SECTION 4 The bonds shall be Issued In one or more series at a maximum Interest rate not to exceed 12 percent per annum or such rate not In excess of the maximum rate permitted by law at the time the bonds are Issued and payable annually or semiannually as determined by the Council The term of the bonds shall be determined pursuant to a resolution of the Council authoriZing the Issuance of the bonds but such term shall In no event exceed 40 years or such longer term as IS then permitted by law SECTION 5 Pursuant to and In compliance with the provISions of Article 1 5 (commencing with Section 53410) of Chapter 3 of Part 1 of DIvIsion 2 of TItle 5 of the Government Code the Council hereby establishes the follOWing accountability measures pertaining to any bonded Indebtedness Incurred by or on behalf of the City (a) Such bonded Indebtedness shall be Incurred for the speCific purposes set forth In Section 3 above (b) The proceeds of any such bonded Indebtedness shall be applied only to the speCific purposes Identified In Section 3 above (c) The document or documents establishing the terms and conditions for the Issuance of any such bonded Indebtedness shall prOVide for the creation of an account or accounts Into which the proceeds of such bonded Indebtedness shall be deposited (d) The City Manager or his or her designee acting for and on behalf of the City shall annually file a report with the Council as required by Government Code Section 53411 SECTION 6 Pursuant to Government Code Section 53326 the Council hereby determines to submit to the qualified electors of the CFD a propOSition (the Services PropoSItion) to levy special taxes on property within the CFD In accordance with the rate and method of apportionment speCified In the Resolution of Formation The form of the Services Proposition IS attached as Exhibit A SECTION 7 Pursuant to Government Code Section 53353 5 the Council hereby determines to submit to the qualified electors of the CFD a combined proposItion (the FaCilities Proposition) to (1) levy special taxes on property within the CFD In accordance with the rate and method of apportionment of special tax specified In the Resolution of Formation (2) Incur bonded Indebtedness In the amount not to exceed $4000 000 and (3) establish an appropriations limit as defined by subdiVIsion (h) of Section 8 of Article XIIIS of the California Constitution for the CFD Said appropriations limit shall equal the maximum amount of bonded Indebtedness authorized to be Incurred for the CFD The form of the FaCilities PropOSition IS attached as Exhibit S 2 Agenda Item No 18 Page 14 of78 SECTION 8 A specIal election IS hereby called for the CFD on the ServIces ProposItion set forth In Section 6 above SECTION 9 A special election IS hereby called for the CFD on the FaCIlities Proposition set forth In Section 7 above SECTION 10 The time for notice haVing been waived by the qualified electors the date of the special election for the CFD on the Services Proposition and for the CFD on the Facilities PropOSition shall be on the 9th day of October 2007 There being no registered voters reSiding Within the temtory of the CFD at the time of the protest heanng and ninety (90) days pnor thereto there being only two landowners In the CFD and the requirements of Section 53326 of the Government Code haVing been waived by the landowners the ballot for the speCial election shall be hand delivered to the landowners Within the CFD The voter ballot shall be returned to the City Clerk at 130 S Main Street Lake ElSinore California 92530 no later than 11 00 0 clock p m on October 9 2007 However the electIon may be closed WIthIn the concurrence of the City Clerk as soon as the ballot IS returned SECTION 11 Notice of said election and wntten argument for or against the measure have been waived by the landowners SECTION 12 The CFD shall constitute a Single election precinct for the purpose of holding said speCial election SECTION 13 The CounCil hereby directs that the speCial election be conducted by the CIty Clerk as the electIons offiCial SECTION 14 ThiS Resolution shall take effect from and after the date of ItS passage and adoption ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 3 Agenda Item No 18 Page 15 of78 APPROVED AS TO FORM BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore California hereby certify that Resolution No was adopted by the City Council of the City of Signal HIli at a regular meeting held on the 9th day of October 2007 and that the same was adopted by the follOWing vote AYES NOES ABSTAIN ABSENT VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item No 18 Page 16 of 78 EXHIBIT A OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2007-4 (MAKENNA COURT) SERVICES SPECIAL TAX ELECTION October 9 2007 To vote mark an X In the voting square after the word YES or after the word NO All marks otherwise made are forbidden This ballot IS provided to as owner or authorized representative of such owner of land within City of Lake Elsinore Community FaCIlities District No 2007-4 (Makenna Court) and represents _ vote(s) If you wrongly mark tear or deface this ballot return It to the City Clerk of the City of Lake Elsinore at 130 S Main Street Lake Elsinore California 92530 PROPOSITION Shall City of Lake Elsinore Community FaCIlities District No 2007 4 (Makenna Court) subject to the accountability measures proVided for In the Resolution of Formation adopted on October 9 2007 (the Resolution of Formation) be authOrized to levy special taxes pursuant to the rate and method of apportionment of special taxes (the Special Tax Formula) set forth In Exhibit A of the Resolution of Formation to finance the authOrized services and administrative expenses as proVided for In the Resolution of Formation? YES NO Al Agenda Item No 18 Page 17 of78 EXHIBIT B OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2007-4 (MAKENNA COURT) SPECIAL TAX ELECTION October 9 2007 To vote mark an X In the voting square after the word YES or after the word NO All marks otherwise made are forbidden ThiS ballot IS proVided to as owner or authorized representative of such owner of land within City of Lake ElSinore Community FaCIlities District No 2007-4 (Makenna Court) and represents _ vote(s) If you wrongly mark tear or deface thiS ballot return It to the City Clerk of the City of Lake ElSinore at 130 S Main Street Lake ElSinore California 92530 PROPOSITION Shall the City of Lake ElSinore Community FaCIlities District No 2007-4 (Makenna Court) (the CFD) subject to the accountability measures provided for In the Resolution Calling a Special Election adopted on October 9 2007 (Resolution Calling Special Election) Incur an Indebtedness and be authorized to Issue bonds In an amount not to exceed $4 000 000 with Interest at a rate or rates established at such time as the bonds are sold In one or more series at fixed or variable Interest rates however not to exceed any applicable statutory rate for such bonds the proceeds of which Will be used to finance the certain public faCilities (the FacIlities) as described In the Resolution of Formation adopted on October 9 2007 (Resolution of Formation) and subject to the accountability measures proVided for In the Resolution of Formation shall a special tax be levied to pay the principal of and Interest on such Indebtedness and bonds and to otherwise finance the FacIlities and shall an appropriations limit be established for the CFD pursuant to Article XIIIB of the California Constitution said appropriations limit to be equal to the maximum amount of bonded Indebtedness authorized to be Incurred for the CFD? YES NO Agenda Item No 18 Page 18 of 78 RESOLUTION NO 2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CANVASSING THE RESULTS OF THE SPECIAL ELECTIONS HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO 2007-4 (MAKENNA COURT) WHEREAS the City Council (the Council) of the City of Lake Elsinore (the City) has previously conducted proceedings pertaining to the formation of the City of Lake Elsinore Community FaCIlities District No 2007-4 (Makenna Court) (the CFD) the rate and method of apportionment for the levy and collection of special taxes (the Services Special Tax) to finance a portion of the cost of proViding parks open space and storm drain maintenance services the authOrization of Indebtedness In the amount not to exceed $4 000 000 Within the CFD the rate and method of apportionment for the levy and collection of special taxes (the Special Tax) to pay the pnnClpal and Interest on bonds Issued or other debt and the establishment of an appropriations limit and the calling of an election In regard to the foregOing and WHEREAS on October 9 2007 speCial elections were held Within the CFD relative to the rate and method of apportionment of Services SpeCial Tax the authOrization of not to exceed $4 000 000 of Indebtedness Within the CFD the rate and method of apportionment of the SpeCial Tax and the establishment of an appropriations limit and WHEREAS at such speCial elections the proposals for the rate and method of apportionment and manner of collection of the Services SpeCial Tax incurring the bonded Indebtedness the rate and method of apportionment and manner of collection of the SpeCial Tax and establishing an appropriations limit for the CFD were approved by the requIsite 2/3 of the votes cast by qualified electors of the CFD NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE DETERMINE AND ORDER AS FOLLOWS SECTION 1 It IS hereby determined that the speCial elections conducted Within the CFD were duly and validly conducted SECTION 2 The CounCil acting as the legislative body of the CFD IS authOrized to levy the services speCial tax on behalf of the CFD as speCified In resolution No 2007 (the Resolution of Formation) adopted by the CounCil on October 9 2007 SECTION 3 The CounCil acting as the legislative body of the CFD IS authOrized to levy the speCial tax on behalf of the CFD as speCified In the Resolution of Formation 1 Agenda Item No 18 Page 19 of 78 SECTION 4 The Council IS authorized to Incur Indebtedness on behalf of the CFD In the maximum amount of $4 000 000 CFD SECTION 5 The City IS authorized to establish an appropriations limit for the SECTION 6 The City Clerk IS hereby directed and authorized to record notice of the specIal tax of the CFD by recordIng a Notice of Special Tax Lien of the CFD pursuant to Section 3117 5 of the California Streets and Highways Code SECTION 7 This Resolution shall take effect from and after the date of ItS passage and adoption PASSED APPROVED AND ADOPTED this 9th day of October 2007 by the following vote ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE 2 Agenda Item No 18 Page 20 of 78 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore California hereby certify that Resolution No was adopted by the City Council of the City of Signal HIli at a regular meeting held on the 9th day of October 2007 and that the same was adopted by the follOWing vote AYES NOES ABSTAIN ABSENT VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 3 Agenda Item No 18 Page 21 of 78 ORDINANCE NO ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX WHEREAS on August 28 2007 the City Council (the Council) of the City of Lake Elsinore (the City) adopted Resolution No 2007 156 stating ItS intention to form the City of Lake Elsinore Community FacIlities Dlstnct No 2007-4 (Makenna Court) (the CFD ) pursuant to the Mello Roos Community FaCIlities Act of 1982 as amended (the Act) to finance a portion of the cost of proViding parks open space and storm drain maintenance services (the Services) that are In addition to those proVided In the terntory within the CFD pnor to the formation of the CFD and to finance the purchase construction expansion or rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer including public Infrastructure faCIlities and other governmental facIlities which the City IS authonzed by law to construct own or operate (the Facilities) and WHEREAS on August 28 2007 the Council also adopted Resolution No 2007 157 stating ItS intention and the necessity to Incur bonded Indebtedness In the amount not to exceed $4 000 000 to be Issued for the purpose of finanCing the purchase construction expansion or rehabilitation of the FaCIlities and WHEREAS notice was published as required by law relative to the intention of the Council to form the CFD and to Incur bonded Indebtedness In the amount not to exceed $4 000 000 within the boundanes of the CFD and WHEREAS on October 9 2007 thiS Council held a noticed public heanng as required by law relative to the determination to proceed with the formation of the CFD the rate and method of apportionment and manner of collection of the special tax to be leVied Within the CFD to pay for the Services and the rate and method of apportionment and manner of collection of the special tax to be leVied Within the CFD to pay the pnnclpal and Interest on the proposed bonded Indebtedness of the CFD and relative to the necessity for authonzlng the bonds the purpose for which the bonds are to be Issued the amount of the proposed debt the maximum term of the bonds and the maximum annual rate of Interest to be paid and WHEREAS at said heanng all persons deSiring to be heard on all matters pertaining to the formation of the CFD and the Incurnng of bonded Indebtedness by the CFD were heard and a full and fair heanng was held and WHEREAS the Council subsequent to said heanng adopted Resolution No 2007 determining the validity of pnor proceedings and established the CFD and 1 Agenda Item No 18 Page 22 of 78 WHEREAS the Council subsequent to said heanng adopted Resolution No 2007 which called an election within the CFD for October 9 2007 on the proposition of incurring bonded Indebtedness leVYing a special tax and setting an appropnatlons limit and WHEREAS on October 9 2007 an election was held Within the CFD In which the eligible electors approved by more than two thirds vote the proposItion of incurring bonded Indebtedness levYing a special tax and setting an appropnatlons limit THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS SECTION 1 A special tax (the ServIces Special Tax) IS levied Within the boundanes of the CFD pursuant to the formula set forth In Exhibit A attached hereto In an amount necessary to pay all of the costs of providing the Services penodlc costs and costs of the tax levy and collection and all other costs SECTION 2 A special tax (the Special Tax) IS levied Within the boundanes of the CFD pursuant to the formulas set forth In Exhibit A attached hereto In an amount necessary to pay all of the costs of providing the Facilities penodlc costs and costs of the tax levy and collection and all other costs including amounts payable With respect to the bonded Indebtedness SECTION 3 This legislative body IS hereby further authonzed each year by resolution adopted as provided In section 53340 of the Act to determine the specific special tax rate and amount to be levied for the then current or future tax years except that the special tax rate to be levied shall not exceed the maximum rate set forth In Exhibit A SECTION 4 All of the collections of the Services Special Tax and Special Tax shall be used as provided for In the Act and Resolution No 2007 (Resolution of Formation) SECTION 5 The above authonzed Services Special Tax and the Special Tax shall be collected In the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale In cases of delinquency and provided for ad valorem taxes provided however the CFD may collect the Services Special Tax and the Special Tax at a different time or In a different manner If necessary to meet ItS financial obligations SECTION 6 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 2 Agenda Item No 18 Page 23 of 78 SECTION 7 The Mayor shall sign this ordinance and the City Clerk shall attest to such signature The CIty Clerk IS dIrected to cause the title and summary or text of the this ordinance together with the vote thereon to be published within fifteen (15) days after ItS passage at least once In a newspaper of general circulation published and circulated within the territorial JUriSdiction of the City and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the council Members voting for and against the ordinance SECTION 8 ThiS ordinance relating to the levy of the Services Special Tax and the Special Tax takes effect and shall be In force from and after 30 days from the date of final passage A copy of thiS ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County the Assessor and the Treasurer Tax Collector of Riverside County PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake ElSinore California on thiS day of 2007 ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE 3 Agenda Item No 18 Page 24 of 78 STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss CITY OF LAKE ELSINORE ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore Callforma hereby certify that the foregoing Ordinance No was Introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of 2007 and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of 2007 by the follOWing roll call vote AYES NOES ABSENT ABSTAIN VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 4 Agenda Item No 18 Page 25 of 78 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT Agenda Item No 18 Page 26 of 78 RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT No 2007-4 OF THE CITY OF LAKE ELSINORE (MAKENNA COURT) A Special Tax shall be levied on all Assessor's Parcels In Community Facilities District No 2007-4 of the City of Lake Elsinore (Makenna Court) ( CFD No 20074 ) and collected each Fiscal Year commencing In Fiscal Year 2007 2008 In an amount determined through the application of this Rate and Method of Apportionment as deSCribed below All of the real property In CFD No 2007-4 unless exempted by law or by the provIsions hereof shall be taxed for the purposes to the extent and In the manner herein prOVided A. DEFINITIONS The terms hereinafter set forth have the following meanings Acre or Acreage means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map or If the land area IS not shown on an Assessor s Parcel Map the land area shown on the applicable final map parcel map condominium plan or other recorded County parcel map Act means the Mello Roos Community FaCilities Act of 1982 being Chapter 2 5 Part 1 DIVISion 2 of TItle 5 of the California Government Code Administrative Expenses means the follOWing actual or reasonably estimated costs directly related to the administration of CFD No 2007-4 the costs of computing the SpeCial Taxes and preparing the annual SpeCial Tax collection schedules (whether by the City or deSignee thereof or both) the costs of collecting the SpeCial Taxes (whether by the City or otherwise) the costs of remitting the SpeCial Taxes to the Trustee the costs ofthe Trustee (including ItS legal counsel) In the discharge of the duties reqUired of It under the Indenture the costs to the City CFD No 2007-4 or any deSignee thereof of complYing With arbitrage rebate reqUIrements the costs to the City CFD No 2007-4 or any deSignee thereof of complYing With disclosure requirements of the City CFD No 2007-4 or obligated persons associated With applicable federal and state seCUrities laws and the Act the costs associated With preparing SpeCial Tax disclosure statements and responding to public InquIries regarding the SpeCial Taxes the costs ofthe City CFD No 2007 4 or any deSignee thereof related to an appeal of the SpeCial Tax the costs associated With the release of funds from an escrow account and the City s annual administration fees and third party expenses Administrative Expenses shall also Include amounts estimated by the CFD Administrator or advanced by the City or CFD No 2007-4 for any other administrative purposes of CFD No 2007-4 including attorney s fees and other costs related to commencing and pursuing to completIon any foreclosure of delinquent SpeCial Taxes Apartment Property means all Assessor's Parcels of ReSidential Property on which one or more Apartment Units are constructed Cl(V of Lake ElSinore Commum(V FaCilities Dlslrlct No 2007-4 (Makenna Court) August 15 2007 Agendall.tem No 18 Page 27 of 78 Apartment Unit means a dwelling Unit within a building comprised or attached residential Units available for rental by the general public not for sale to an end user and under common management Assessor s Parcel means a lot or parcel to whIch an Assessor's parcel number IS assigned as determined from an Assessor s Parcel Map or the applicable assessment roll Assessor s Parcel Map means an offiCial map of the County Assessor of the County deSignating parcels by Assessor s Parcel number ASSigned Special Tax for FacIlities means the Special Tax for Facilities for each Land Use Class of Developed Property as determined In accordance with Section C 1 (b) below Authorized FacIlities means those facilities eligible to be funded by CFD No 2007-4 Backup Special Tax for FacIlities means the Special Tax for FacIlities applicable to each Assessor's Parcel of Developed Property as determined In accordance with Section C 1 (c) below Certificate of Occupancy means a certificate Issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more resIdents CFD Admmlstrator' means an offiCial of the City or deSignee thereof responsible for determining the Special Tax ReqUirement for FacIlities the Special Tax ReqUirement for Services as determined In accordance With Section I below and providing for the levy and collection of the Special Taxes CFD No 2007-4 means Community FaCIlities District No 20074 of the City of Lake ElSinore (Makenna Court) CFD No 2007-4 Bonds means any bonds or other debt (as defined In Section 53317(d) ofthe Act) whether In one or more series Issued byCFD No 2007-4 and secured sofely by the Special Tax for Facilities levy on property Within the boundaries of CFD No 2007-4 under the Act City means the City of Lake ElSinore Council means the City Council of the City of Lake ElSinore acting as the legislative body of CFD No 2007-4 County means the County of Riverside City of Lake ELSinore Commumty Fac.lllles D.stnct No 2007-4 (Makenna Court) August 15 2007 Agpnrl", llmiNo 18 Page 28 of 78 Developed Property means with respect to the Special Tax for FacIlities for each Fiscal Year all Taxable Property exclusive of Taxable Public Property and Taxable Property Owner Association Property for which the Final SubdiVIsion was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was Issued on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for FaCIlities IS being levied Fmal SubdiVIsion means a subdivIsion of property by recordation of (I) a final map or portion thereof approved by the City pursuant to the SubdiVISion Map Act (CalifornIa Government Code SectIon 66410 et seq ) that creates individual lots for which bUilding permits may be Issued or (II) lot line adjustment approved by the City Fiscal Year means the period starting July 1 and ending on the follOWing June 30 Indenture means the Indenture fiscal agent agreement resolutron or other Instrument pursuant to which CFD No 2007-4 Bonds are Issued as modified amended and/or supplemented from time to time and any Instrument replacing or supplementing the same Land Use Class means any of the classes listed In Table 1 below Maximum Special Tax for FacIlities means the maximum Special Tax for FaCIlities determined In accordance with Sectron C below that can be levied In any Fiscal Year on any Assessor's Parcel Non ReSIdentIal Property means all Assessor's Parcels of Developed Property for which a bUilding permit permitting the constructron of one or more non residential units or facIlities has been Issued by the City and which IS not otherwise Resldentral Property Outstandmg Bonds means all CFD No 2007 4 Bonds which are deemed to be outstanding under the Indenture Property Owner ASSOCiation Property means for each Fiscal Year (I) any property Within the boundanes of CFD No 2007-4 that was owned by a property owner aSSOCiation including any master or sub association as of January 1 of the prior Fiscal Year (II) any property located In a Final SubdiVIsion that was recorded as of the May 1 preceding the Fiscal Year In which the Special Tax IS being levied and which as determined from such Final SubdiVIsion IS or Will be open space a common area recreation faCIlity or a private street or (III) any property which as of the May 1 preceding the Fiscal Year for which the Special Tax IS being leVied has been conveyed Irrevocably dedicated or Irrevocably offered to a property owner's aSSOCiation including any master or sub-aSSOCiation proVided such conveyance dedication or offer IS submitted to the CFD Administrator by May 1 preceding the Fiscal Year for which the Special Tax IS being leVied City of Loke ElSinore Communlty Facllllles DIstrict No 2007 <I (Makenna Court) August 15 2007 AgAnrl'" -fitmiNo 18 Page 29 of 78 Proportionately' means for Developed Properly that the ratio of the actual Special Tax for FacIlities levy to the Assigned Special Tax for FacIlities IS equal for all Assessor s Parcels of Developed Property For Undeveloped Properly Proportionately means that the ratio of the actual SpeCial Tax for Facilities levy per Acre to the Maximum SpeCial Tax for FacIlities per Acre IS equal for all Assessor's Parcels of Undeveloped Property The term Proportionately' may similarly be applied to other categories of Taxable Properly as listed In Section 0 below Public Property means properly within the boundaries of CFD No 2007-4 owned by Irrevocably offered or dedicated to or over through or under which an easement for purposes of public use has been granted to the federal government the State the County the City or any local government or other public agency provided that any properly leased by a public agency to a private entity and subject to taxation under Section 53340 1 of the Act shall be taxed and claSSified according to ItS use ResIdential Floor Area means all of the square footage of living area within the perimeter of a residential structure not including any carport walkway garage overhang patio enclosed patio or similar area The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the bUilding permlt(s) Issued for such Assessor s Parcel Such determination shall be final follOWing the Issuance of a Certificate of Occupancy for the dwelling unit ResidentIal Property means all Assessor's Parcels of Developed Properly for which a bUilding permit permitting the construction thereon of one or more residential dwelling Units has been Issued by the City Smgle Family Property means all Assessor's Parcels of Residential Property other than Apartment Properly SpeCial Tax means any of the speCial taxes authorized to be levied by CFD No 2007-4 pursuant to the Act SpeCIal Tax for FacIlitIes means the speCial tax to be levied In each Fiscal Year on each Assessor's Parcel of Developed Properly Taxable Property Owner ASSOCiation Property Taxable Public Property and Undeveloped Property to fund the SpeCial Tax Requirement for Facilities SpeCial Tax Requirement for FacIlities means that amount required In any Fiscal Year for CFD No 2007 4 to (I) pay debt service on all Outstanding Bonds due In the calendar year commencing In such Fiscal Year (II) pay periodiC costs on the CFD No 2007-4 Bonds including but not limited to credIt enhancement and rebate payments on the CFD No 2007-4 Bonds due In the calendar year commencing In such Fiscal Year (III) pay a proportionate share of Administrative Expenses (IV) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds (v) pay for reasonably anticipated SpeCial Tax for City of Lake ELSinore Community FaCILItIes DIstrict No 2007 4 (Makenna Court) August 15 2007 Agonn~~o 18 Page 30 of 78 FacIlities delinquencies (VI) pay directly for acquIsition or construction of Authorized FacIlities to the extent that the inclusion of such amount does not Increase the Special Tax for Facilities levy on Undeveloped Property less (VII) a credltforfunds available to reduce the annual Special Tax for FacIlities levy as determined by the CFD Administrator pursuant to the Indenture State means the State of California Taxable Property means all of the Assessor's Parcels within the boundaries of CFD No 2007-4 which are not exempt from the Special Tax for FacIlities pursuant to law or Section E below Taxable Property Owner ASSociation Property' means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below Taxable Public Property means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below Trustee means the trustee or fiscal agent under the Indenture Undeveloped Property means for each Fiscal Year all Taxable Property not classified as Developed Property Taxable Property Owner Association Property or Taxable Public Property B ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year all Taxable Property within CFD No 2007-4 shall be classified as Developed Property Taxable Public Property Taxable Property Owner Association Property or Undeveloped Property and shall be subject to the Special Tax for FacIlities In accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below Each Assessor's Parcel of Residential Property shall be assigned to Land Use Classes 1 through 7 as listed In Table 1 below based on Unit type and Residential Floor Area Each Assessor's parcel of Non Residential Property shall be assigned to Land Use Class 8 C MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the Issuance of CFD No 2007-4 Bonds the Assigned Special Tax for FacIlities on Developed Property (set forth In Table 1) and the Backup Special Tax for FacIlities attributable to a Final SubdivIsion may be reduced In accordance with and subject to the conditions set forth In thiS paragraph If It IS reasonably determined by the CFD Administrator that the overlapping debt burden (as defined In the Statement of Goals and Policies for the Use of the Mello Roos Community FacIlities Act of 1982 adopted by the CounCil the Goals and Policies) calculated pursuant to the Goals and Policies based upon the Assigned SpeCial Tax for CIty of Lake ElSinore Community Facllllles DIstrict No 1007-4 (Makenna Court) August 15 1007 Agpnrl~ No 18 Page 31 of 78 FacIlities on Developed Property exceeds the City s maximum level objective set forth In such document the Assigned Special Tax for Facilities on Developed Property and the Backup Special Tax for FacIlities attributable to a Final SubdivIsion may be reduced to the amount necessary to satisfy the City s objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator The reductions permitted pursuant to this paragraph shall be reflected In an amended notIce of SpecIal Tax lien whIch the City shall cause to be recorded by executing a certificate In substantially the form attached hereto as Exhibit A 1 Developed Propertv (a) Maximum Special Tax for Facilities The Maximum Special Tax for FacIlities for each Assessor's Parcel classified as Developed Property shall be the greater of (I) the amount derived by application of the ASSigned Special Tax for FaCIlities or (II) the amount denved by application of the Backup Special Tax for FaCIlities (b) ASSigned Special Tax for FacIlities The ASSigned Special Tax for FacIlitIes for each Land Use Class IS shown below In Table 1 TABLE 1 AsSigned Special Tax for FaCIlities for Developed Property Commumty FacIlities District No 2007-4 Fiscal Year 2007 2008 1 Single Family Property More than 2 700 sq 2 SIngle Family Property 2 450 - 2 700 sq ft 3 Single Family Property 2 200 - 2 449 sq ft 4 Single Family Property 1 950 - 2 199 sq ft 5 Single Family Property 1 700 - 1 949 sq ft 6 Single Family Property Less than 1 700 sq 7 Apartment Property NA $2 784 per Unit $2 676 per Unit $2 569 per Unit $2 462 per Unit $2 309 per Unit $2 157 per Unit $12728 per CIty of Lake ElSinore Commumty Fae.lIt.es D.stTlet No 2007" (Makenna Court) August 15 2007 Aaendallfifl1.No 18 Page 32 of 78 (c) Backup Special Tax for FacIlities The Fiscal Year 2007 2008 Backup Special Tax for FacIlities attnbutable to a Final SubdiVISion will equal $13395 multiplied by the Acreage of all Taxable Property exclusive of any Taxable Property Owner Association Property and Taxable Public Property therein The Backup Special Tax for FacIlities for each Assessor s Parcel of Residential Property shall be computed by dividing the Backup Special Tax for FacIlities attnbutable to the applicable Final SubdivIsion by the number of Assessor's Parcels and/or residential Units for which building permits for reSidential construction have or may be Issued (I e the number or resldentlallots and/or Units) The Backup SpecIal Tax for FaCIlities for each Assessor's Parcel of Non ReSidential Property therein shall equal $13 395 multiplied by the Acreage of such Assessor s Parcel If a Final SubdiVISion Includes Assessor s Parcels of Taxable Property for which bUilding permits for both reSidential and non residential construction may be Issued exclUSive of Taxable Property Owner ASSOCiation Property and Taxable Public Property then the Backup Special Tax for Facilities for each Assessor's Parcel of ReSIdentIal Property shall be computed exclUSive of the Acreage and Assessor's Parcels of property for which building permits for non reSidential construction may be Issued Notwithstanding the foregoing If all or any portion of the Final Subdlvlslon(s) descnbed In the preceding paragraphs IS subsequently changed or modified by recordation of a lot line adjustment or Similar Instrument and only If the CFD Administrator determines that such change or modification results In a decrease In the number of Assessor s Parcels of Taxable Property for which bUilding permits for residential construction have or may be Issued Within such Final SubdiVISion then the Backup SpeCial Tax for FaCIlities for each Assessor's Parcel of Developed Property that IS part of the lot line adjustment or Similar Instrument for such Final SubdiVISion shall be a rate per Acre as calculated below The Backup SpeCial Tax for FaCilities previously determined for an Assessor's Parcel of Developed Property that IS not a part of the lot line adjustment or Similar Instrument for such Final SubdiVISion shall not be recalculated 1 Determine the total Backup SpeCial Tax for FaCIlities anticipated to apply to the changed or modified portion of the Final SubdiVISion area prior to the change or modification CIty of Lake ElSinore Community FaculIles DIStrict No 2007-4 (Makenna Court) AugustlS 2007 Agpn'bfMlWlIJo 18 Page 33 of 78 2 The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which IS ultimately expected to eXist In such changed or modified portion of the Final SubdivIsion area as reasonably determined by the CFD Administrator 3 The result of paragraph 2 above shall be the Backup Special Tax for FacIlities per Acre which shall be applicable to Assessor s Parcels of Developed Property In such changed or modified portion of the Final SubdiVIsion area for all remaining Fiscal Years In which the Special Tax for FaCIlities may be levied (d) Increase In the Assigned Special Tax for FaCIlities and Backup Special Tax for FaCIlities The Fiscal Year 2007 2008 Assigned Special Tax for FaCIlities Identified In Table 1 above and Backup Special Tax for FaCIlities shall Increase thereafter commencing on July 1 2008 and on July 1 of each Fiscal Year thereafter by an amount equal to two percent (2%) ofthe amount In effect for the prevIous Fiscal Year (e) Multiple Land Use Classes In some Instances an Assessor s Parcel of Developed Property may contain more than one Land Use Class The MaXimum Special Tax for FaCIlities leVied on an Assessor's Parcel shall be the sum ofthe MaXimum Special Tax for FaCIlities for all Land Use Classes located on that Assessor's Parcel The CFD Administrator s allocation to each type of property shall be final 2 Taxable Property Owner Association Property. Taxable Public Property. and Undeveloped Property The Fiscal Year 2007 2008 MaXimum Special Tax for FaCIlities for Taxable Property Owner ASSOCiation Property Taxable Public Property and Undeveloped Property shall be $13 395 per Acre and shall Increase thereafter commencing on July 1 2008 and on July 1 of each Fiscal Year thereafter by an amount equal to two percent (2%) of the MaXimum Special Tax for FaCIlities In effect for the prevIous Fiscal Year D METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing With Fiscal Year 2007 2008 and for each following Fiscal Year the Council shall determine the Special Tax ReqUirement for FaCIlities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax ReqUirement for FaCIlities The Special Tax for Facilities shall be leVied each Fiscal Year as follows Ctty of Lake Elsmore Commumty Fac.llt.es D.strlct No 1007 4 (Makenna Court) August 15 1007 AgAnrl::llf!Df.No 18 Page 34 of 78 First The Special Tax for FacIlities shall be levied on each Assessor's Parcel of Developed Property In an amount equal to 100% of the applicable Assigned Special Tax for FacIlities Second If additional momes are needed to satisfy the Special Tax ReqUlrementfor Facilities after the first step has been completed the Special Tax for FacIlities shall be leVied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the MaXimum Special Tax for FacIlities for Undeveloped Property Third If additional monies are needed to satisfy the Special Tax ReqUirement for FacIlities after the first two steps have been completed then the levy of the Special Tax for FacIlities on each Assessor's Parcel of Developed Property whose MaXimum Special Tax for FacIlities IS determined through the application of the Backup Special Tax for FaCIlities shall be Increased In equal percentages from the ASSigned Special Tax for FacIlities up to the MaXimum Special Tax for FacIlities for each such Assessor s Parcel Fourth If addItional monies are needed to satisfy the Special Tax ReqUirement for FaCIlities after the first three steps have been completed then the Special Tax for FaCIlities shall be leVied Proportionately on each Assessor's Parcel of Taxable Property Owner ASSOCiation Property and Taxable Public Property at up to 100% of the MaXimum Special Tax for FacIlities for Taxable Property Owner ASSOCiation Property or Taxable Public Property Notwithstanding the above the Council may In any Fiscal Year levy Proportionately less than 100% of the ASSigned Special Tax for Facilities In step one (above) when (I) the Council IS no longer reqUired to levy the Special Tax for FacIlities pursuant to steps two through four above In order to meet the Special Tax ReqUirement for FaCIlities (II) all authorized CFD No 2007-4 Bonds have already been Issued or the Council has covenanted that It will not Issue any additional CFD No 2007-4 Bonds (except refunding bonds) to be supported by the Special Tax for FacIlities and (III) all Authorized FacIlities have been constructed and/or acquired and all reimbursements to the developer for the construction and/or acquIsItion of such facIlities have been paid as permitted by law Further notwithstanding the above under no circumstances will the Special Tax for Facilities leVied against any Assessor's Parcel of ReSidential Property for which a Certificate of Occupancy has been Issued be Increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor s Parcel within CFD No 2007-4 E EXEMPTIONS No Special Tax for FaCIlities shall be leVied on up to 5 3 Acres of Property Owner ASSOCiation Property and/or Public Property In CFD No 2007-4 Tax exempt status will be assigned by the CFD Administrator In the chronological order In which CUy of Lake ElSinore August 15 2007 Commumty FaCIlitIes DIstrict No 2007-4 (Makenna Court) AQ'mrl" ~o 18 Page 35 of 78 property becomes Property Owner Association Property or Public Property However should an Assessor's Parcel no longer be classified as Property Owner Association Property or Public Property ItS tax exempt status Will be revoked Property Owner Association Property or Public Property that IS not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step In Section D above at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property F MANNER OF COLLECTION The Special Tax for FaCilities shall be collected In the same manner and at the same time as ordinary ad valorem property taxes provided however that CFD No 2007-4 may directly bill the Special Tax for Facilities may collect the Special Tax for Facilities at a different time or In a different manner If necessary to meet ItS financial obligations and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The follOWing additional definitions apply to thiS Section G BUlldout means for CFD No 2007-4 that all expected building permits for dwelling Units to be constructed In CFD No 2007-4 have been Issued as reasonably determined by the CFD Administrator CFD Public FaCIlitIes means eIther $2 550 000 In 2007 dollars whIch shall Increase by the Construction Inflation Index on July 1 2007 and on each July 1 thereafter or such lower number as (I) shall be determined by the CFD Administrator as suffiCient to prOVide funding for all of the AuthOrized Facilities or (II) shall be determined by the Council concurrently With a covenant that It Will not Issue any more CFD No 2007 4 Bonds (except refunding bonds) to be supported by the Special Tax for FaCilities levy under thiS Rate and Method of Apportionment as desCribed In SectIon D above ConstructIon InflatIon Index means the annual percentage change In the Engineering News Record Building Cost Index for the City of Los Angeles measured as of the calendar year which ends In the prevIous Fiscal Year In the event thiS Index ceases to be published the Construction Inflation Index shall be another Index as determined by the CFD Administrator that IS reasonably comparable to the Engineering News Record BUilding Cost Index for the City of Los Angeles Future FaCIlitIes Costs means the CFD Public FaCilities minus (I) costs of AuthOrized Facilities previously paid from the Improvement Fund (II) moneys currently on deposit In the Improvement Fund available to pay costs of AuthOrized CIty of Lake ElSinore August 15 2007 Community Fae.lllles D.smet No 20074 (Makenna Court) AQAnriK'WII,w No 18 Page 36 of 78 FacIlities and (III) moneys currently on deposit In an escrow fund that are expected to be available to finance the cost of Authorized Facilities Improvement Fund means an account specifically Identified In the Indenture to hold funds which are currently available for expenditure to acquire or construct Authorized FacIlities Previously Issued Bonds means for any Fiscal Year all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first Interest and/or principal payment date following the current Fiscal Year 1 Prepayment In Full Only an Assessor's Parcel of Developed Property or Undeveloped Property for which a bUilding permit has been Issued may be prepaid The obligation of the Assessor's Parcel to pay the Special Tax for FaCIlities may be permanently satisfied as described herein proVided that a prepayment may be made with respect to a particular Assessor s Parcel only If there are no delinquent Special Taxes with respect to such Assessor s Parcel at the time of prepayment An owner of an Assessor s Parcel Intending to prepay the Special Tax for FaCIlities obligation shall proVide the CFD Administrator With written notice of Intent to prepay Within 30 days of receipt of such written notice the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel The CFD Administrator may charge a reasonable fee for providing this service Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No 2007 4 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture The Special Tax for FaCIlities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below) Bond Redemption Amount plus plus plus plus less less Total equals Redemption Premium Future FaCIlities Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Special Tax for FaCIlities Prepayment Amount As of the proposed date of prepayment the Special Tax for Facilities Prepayment Amount shall be calculated as follows ParaQraph No 1 Confirm that no Special Tax delinquenCies apply to such Assessor's Parcel City of Lake Elsinore August 15 2007 Community FaCIlities D.strlct No 2007-4 (Makenna Court) AQendi'.!!!diNo 18 Page 37 of 78 2 For Assessor's Parcels of Developed Property compute the Assigned Special Tax for FacIlities and Backup Special Tax for FacIlities For Assessor s Parcels of Undeveloped Property for which a building permit has been Issued compute the Assigned Special Tax for FacIlities and Backup Special Tax for FacIlities for that Assessor's Parcel as though It was already designated as Developed Property based upon the bUilding permit which has already been Issued for that Assessor s Parcel 3 (a) DIvide the Assigned Special Tax for FacIlities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for FacIlities for the entire CFD No 2007-4 based on the Developed Property Special Tax for FacIlities which could be levied In the current Fiscal Year on all expected development through BUlldout of CFD No 2007 4 excluding any Assessor's Parcels which have been prepaid and (b) DIvide the Backup Special Tax for FacIlities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for FacIlities at BUlldout for the entire CFD No 2007-4 excluding any Assessor's Parcels which have been prepaid 4 Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the Bond RedemptIOn Amount' ) 5 Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e g the redemption pnce 100%) If any on the Previously Issued Bonds to be redeemed (the RedemptIon PremIUm) 6 Compute the current Future FacIlities Costs 7 Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future FacIlities Costs to be prepaid (the Future FacIlItIes Amount') 8 Compute the amount needed to pay Interest on the Bond Redemption Amount from the first bond Interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds 9 Determine the Special Tax for Facilities levied on the Assessor s Parcel In the current Fiscal Year which has not yet been paid 10 Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future FaCIlities Amount and the Administrative Fees and City of Lake Elsinore Community Facdllles D.stTlct No 20074 (Makenna Court) August 15 2007 Ag~nrl~~JlNo 18 Page 38 of 78 Expenses (defined below) from the date of prepayment until the redemption date for the PrevIously Issued Bonds to be redeemed with the prepayment 11 Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the Defeasance Amount') 12 The administrative fees and expenses of CFD No 2007-4 are as calculated by the CFD Administrator and Include the costs of computation of the prepayment the costs to Invest the prepayment proceeds the costs of redeeming CFD No 2007-4 Bonds and the costs of recording any notices to eVidence the prepayment and the redemption (the AdministratIVe Fees and Expenses ) 13 The reserve fund credit (the Reserve Fund Credit') shall equal the lesser of (a) the expected reduction In the reserve requirement (as defined In the Indenture) If any associated with the redemption of Previously Issued Bonds as a result of the prepayment or (b) the amount derived by subtracting the new reserve requirement (as defined In the Indenture) In effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance In the reserve fund on the prepayment date but In no event shall such amount be less than zero No Reserve Fund Credit shall be granted If the amount then on deposit In the reserve fund for the Previously Issued Bonds IS below 100% of the reserve requirement (as defined In the Indenture) 14 If any capitalized Interest for the Previously Issued Bonds will not have been expended as of the date Immediately following the first Interest andlor principal payment following the current Fiscal Year a capitalized Interest credit shall be calculated by multiplYing the larger quotient computed pursuantto paragraph 3(a) or 3(b) by the expected balance In the capitalized Interest fund or account under the Indenture after such first Interest andlor principal payment (the Capitalized Interest Credit') 15 The Special Tax for FaCilities prepayment IS equal to the sum ofthe amounts computed pursuant to paragraphs 4 5 7 11 and 12 less the amounts computed pursuant to paragraphs 13 and 14 (the Special Tax for Factlttles Prepayment Amount' ) From the Special Tax for FaCilities Prepayment Amount the amounts computed pursuant to paragraphs 4 5 11 13 and 14 shall be deposited Into the appropriate fund as established under the Indenture and be used to retire CFD No 2007-4 Bonds or make debt service payments The amount computed pursuant to paragraph 7 shall be deposited Into the Improvement Fund The amount computed pursuant to paragraph 12 shall be retained by CFD No 2007 4 The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full $5000 Increment of CFD No 2007-4 Bonds In such cases the Increment CIty of Lake Elsmore Commumty Fac.l.hes D.strlct No 2007 <I (Makenna Court) Augus'15 2007 ^QQRQ~~~3~0 18 Page 39 of 78 above $5 000 or Integral multiple thereof will be retained In the appropnate fund established under the Indenture to be used With the next prepayment of CFD No 2007-4 Bonds or to make debt service payments As a result of the payment of the current FIscal Year's Special Tax for Facilities levy as determined under paragraph 9 (above) the CFD Administrator shall remove the current Fiscal Year's Special Tax for FaCilities levy for such Assessor's Parcel from the County tax rolls With respect to any Assessor's Parcel that IS prepaid the Council shall cause a sUitable notice to be recorded In compliance With the Act to indicate the prepayment of the SpeCial Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor's Parcel and the obligation of such Assessor's Parcel to pay the Special Tax for FaCilities shall cease Notwithstanding the foregoing no Special Tax for FaCilities prepayment shall be allowed unless at the time of such proposed prepayment the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property Within CFD No 2007-4 (after excluding 53 Acres of Property Owner ASSOCiatIon Property and Public Property as set forth In Section E) both pnor to and after the proposed prepayment IS at least equal to the sum of (I) the Administrative Expenses as defined In Section A above and (II) 1 10 times maximum annual debt service In each remaining Fiscal Year on the Outstanding Bonds 2 Prepayment In Part The Special Tax for Facilities on an Assessor s Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a bUilding permit has been Issued may be partially prepaid The amount of the prepayment shall be calculated as In Section G 1 except that a partial prepayment shall be calculated according to the following formula PP = [(PE - A) x F] + A These terms have the following meaning PP = the partial prepayment PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G 1 F = the percentage expressed as a deCimal by which the owner of the Assessor s ParcellS partially prepaYing the Special Tax for FaCilities A = the Administrative Fees and Expenses calculated according to Section G1 The owner of any Assessor's Parcel who deSires such prepayment shall notify the CFD Administrator of such owner's Intent to partially prepay the SpecIal Tax for FaCilities and the percentage by which the Special Tax for Facilities shall be prepaid The CFD Administrator shall prOVide the owner With a statement of the amount reqUired for the partial prepayment of the SpecIal Tax for FaCilities for an CIty of Lake Elsinore Communtty Fae.l.t.es D.stTlet No 2007-4 (Makenna Court) August 15 2007 p~ A~eRda No 18 Page 40 of 78 Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service With respect to any Assessor s Parcel that IS partially prepaid the Council shall (I) dlstnbute the funds remitted to It according to Section G 1 and (II) indicate In the records of CFD No 2007-4 that there has been a partial prepayment of the Special Tax for FacIlities and that a portion of the Special Tax for FacIlities With respect to such Assessor's Parcel equal to the outstanding percentage (1 00 F) of the remaining Maximum Special Tax for FacIlities shall continue to be leVied on such Assessor s Parcel pursuant to Section D above H TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for FaCIlities shall be leVied for a penod not to exceed forty years commencing with Fiscal Year 2007 2008 prOVided howeverthatthe Special Tax for Facilities Will cease to be leVied In an earlier Fiscal Year If the CFD Administrator has determined (I) that all reqUired Interest and pnnclpal payments on the CFD No 2007-4 Bonds have been paId (II) all Authonzed FaCIlities have been constructed and/or acqUired and all reimbursements to the developer for the construction and/or acqUisition of such faCIlities have been paid as permitted by law and (III) all other obligations of CFD No 2007-4 have been satisfied SPECIAL TAX FOR SERVICES The follOWing additional definitions apply to thiS Section I Developed Multifamily Umt 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 pnor to May 1 preceding the Fiscal Year In which the Special Tax for Services IS being leVied 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 excluding property owned by local state or federal government on or pnor to May 1 preceding the Fiscal Year In which the Special Tax IS being leVied Developed Single Family Umt 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 pnor to May 1 preceding the Fiscal Year In which the SpecIal Tax for ServIces IS being leVIed MaXimum Special Tax for Services means the maximum Special Tax for Services that can be leVied by CFD No 2007 4 In any Fiscal Year on any Assessor's Parcel City of Lake ElSinore Community FaCIlItIes D,strict No 2007 4 (Makenna Court) August 15 2007 Agp.nrl~~o 18 Page 41 of 78 Operating Fund means a fund that shall be maintained for CFD No 2007-4 for any Fiscal Year to pay for the actual costs of maintenance related to the SelVlce 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 ServIce Area means parks open space and storm drains Special Tax for Services means any of the special taxes authorized to be levied within CFD No 2007-4 pursuant to the Act to fund the Special Tax Requirement for SelVlces SpecIal Tax RequIrement for ServIces means the amount determined In any Fiscal Year for CFD No 2007-4 equal to (I) the budgeted costs directly related to the SelVlce Area including maintenance repair and replacement of certain components of the SelVlce Area which have been accepted and maintained or are reasonably expected to be accepted and maintained dUring the current Fiscal Year (II) pay a proportionate share of Administrative Expenses and (III) anticipated Special Tax for SelVlces delinquenCies based on the delinquency rate for the Special Tax for SelVlces levy In CFD No 2007 4 for the prevIous Fiscal Year less (IV) the Operating Fund Balance as determined by the CFD Administrator 1 Rate and Method of Apportionment of the SpecIal Tax for ServIces Commencing with Fiscal Year 2007 2008 and for each subsequent Fiscal Year the Council shall levy the Special Tax for SelVlces 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 for SelVlces to fund the Special Tax ReqUirement for SelVlces The Maximum Special Tax for SelVlces for Fiscal Year 2007 2008 shall be $251 78 per Developed Single Family Unit $12589 per Developed Multifamily Unit and $567 02 per Acre for each Assessor s Parcel of Developed Non ReSidential Property On each July 1 commencing July 1 2008 the Maximum Special Tax for SelVlces shall be Increased by two percent (200%) of the amount In effect In the prior Fiscal Year 2 DuratIon of the Special Tax for Services The Special Tax for SelVlces shall be levied In perpetuity to fund the Special Tax Requirement for SelVlces unless no longer reqUired as determined at the sole discretion of the Council CIty of Lake Elsmore Community FaCIlItIes DlStrlct No 2007 -I (Makenna Court) August 15 2007 Agpnrl~o 18 Page 42 of 78 3 Collection of the Special Tax for Services The Special Tax for Services shall be collected In the same manner and at the same time as ordinary ad valorem property taxes provided however that CFD No 2007-4 may collect the Special Tax for Services at a different time or In a different manner If necessary to meet Its funding requirements J APPEALS AND INTERPRETATIONS Any landowner or reSident who feels that the amount of the Special Tax leVied on their Assessor's Parcells In error may submit a written appeal to CFD No 2007-4 The CFD Administrator shall review the appeal and If the CFD Administrator concurs the amount of the Special Tax leVied shall be appropriately modified The Council may Interpret this Rate and Method of Apportionment for purposes of clarifying any ambigUity and make determinations relative to the annual administration of the SpeCial Tax and any landowner or reSident appeals Any deCISion of the CounCil shall be final and binding as to all persons K ICLlENTS21CLCIMakenna CourtlRMA IMakenna Court CFD RMA Draft 3 doc ReVised 10/3/07 CIty of Lake ElSinore Community Facllmes DIStrict No 2007-4 (Makenna Court) August 15 2007 AaAnd~~o 18 Page 43 of 78 EXHIBIT A CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES Agenda Item No 18 Page 44 of 78 CITY OF lAKE ELSINORE AND CFD No 2007-4 CERTIFICATE 1 Pursuant to Section C of the Rate and Method of Apportionment the City of lake Elsinore ( City) and Community FacIlities District No 2007-4 of the City of lake Elsinore ( CFD No 2007-4 ) hereby agree to a reduction In the Assigned Special Tax for FacIlities for Developed Property and the Backup Special Tax for FacIlities attributable to a Final SubdivIsion Within CFD No 2007-4 (a) The Information In Table 1 relating to the ASSigned Special Tax for FacIlities for Developed Property Within CFD No 2007-4 shall be modified as follows 1 Single Family Property More than 2 700 sq ft $ per Unit 2 Single Family Property 2 450 - 2 700 sq ft $ per Unit 3 Single Family Property 2 200 - 2 449 sq ft $ per Unit 4 Single Family Property 1 950 - 2 199 sq ft $ per Unit 5 Single Family Property 1 700 - 1 949 sq ft $ per Unit 6 Single Family Property less than 1 700 sq ft $ per Unit 7 Apartment Property NA $ per Acre 8 Non ReSidential NA $ per Acre (b) The Backup Special Tax for FaCilities attnbutable to a Final SubdiVIsion Within CFD No 2007-4 as stated In Section C 1 (c) shall be reduced from $13395 per Acre to $ per Acre 2 The Special Tax for Facilities may only be modified prior to the first Issuance of CFD No 2007-4 Bonds 3 Upon execution of the Certificate by the City and CFD No 2007-4 the City shall cause an amended notice of Special Tax lien for CFD No 2007-4 to be recorded reflecting the modifications set forth herein By execution hereof the underSigned acknowledges on behalf of the City and CFD No 2007-4 receipt of thiS Certificate and modification of the Rate and Method of Apportionment as set forth In thiS Certificate Agenda Item No 18 Page 45 of 78 CITY OF LAKE ELSINORE By Date CFD Administrator COMMUNITY FACILITIES DISTRICT NO 2007 4 OF THE CITY OF LAKE ELSINORE By Date Agenda Item No 18 Page 46 of 78 Community Facilities District Report for the City of Lake Elsinore Community FaCIlities Dlstnct No 2007-4 (Makenna Court) Prepared by . Hartis & AssoC1ates~ September 27,2007 Agenda Item No 18 Page 47 of 78 CIly of Lake ElsInore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITITES DISTRICT REPORT September 27 2007 Table of Contents Page I IntroductIOn 1 II Project DescnptlOn 2 III DescnptlOn of FacdltIes & Services 3 IV Cost Estimate 4 V Bonded Indebtedness and Incidental Expenses 5 VI Rate & Method of ApportIonment of the Special Tax 6 VII Boundanes of CFD No 2007 4 9 VIII General Terms and Conditions 10 IX CertIficatIOn 11 Exhibit A - Boundary Map Exhibit B - Rate and Method of ApportIOnment Exhibit C - Property Owner List Exhibit D - Effective Tax Rate Q IELSINORE\CFD 2007-4 Mokenna Court\rep rtslCro Report 2007-4 (Makenna Court) doc Agenda Item No 18 Page 48 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITIES DISTRICT REPORT September 27 2007 Page 1 I Introduction WHEREAS the City Council of the City of Lake Elsmore (heremafter referred to as the Council) pursuant to the provlSlons of the Mello Roos Community FaclhtJes Act of 1982 bemg Chapter 2 5 Part I DlVlslOn 2 Title 5 of the Government Code of the State of Cahfornla (heremafter referred to as the Act) dId estabhsh Its mtentlOns to form a commuruty faclhtJes dIstrIct conslstmg of the temtory descnbed m ExhIbIt A and dId expressly order the fihng of a wntten Report With the Board for the proposed communIty faclhtJes dIstrIct T1us communIty faclhtJes dIstrIct shall heremafter be referred to as Community FaclhtIes DIstrIct No 2007 4 of the CIty of Lake Elsmore (Makenna Court) (heremafter referred to as CFD No 2007-4) and WHEREAS the ResolutIOn of IntentJon of the CIty Council of the City of Lake Elsmore to estabhsh Commuruty FaclhtJes DIstrIct No 2007 4 of the CIty of Lake Elsmore (Makenna Court) to authonze the levy of a Special Tax to pay the costs of acqumng constructJng or mamtammg certam facilltJes and expenses ofCFD No 2007-4 and to pay debt servIce on bonded mdebtedness dId direct that said Report generally contam the followmg a A bnef descnptJon of the pubhc faclhtJes by type whIch WIll be reqwred to adequately meet the needs ofCFD No 20074 and b An estJmate of the cost of provI(lmg those pubhc faclhtJes mcludmg the cost of envIronmental evaluatIOns of such faClhtJes and an estunate of the faIr and reasonable cost of any mCldental expenses to be mcurred NOW THEREFORE I DenniS A Anderson authonzed representatJve of Hams & ASSOCIates pursuant to the provlSlons of the Act do hereby submIt the followmg report Q IELSINORElCFD 2007-4 Makenna Court\reportslCFD Report 2007-4 (Makenna Court) doc Agenda Item No 18 Page 49 of 78 City of lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITIES DISTRICT REPORT September 27 2007 Page 2 II PrOject Descnptlon Pursuant to land use enl1tlements approved by !be City of Lake Elsmore (the City) and Makenna Court LLC and CCIfW AH LLC (the Developer) !be Developer plans to construct approximately 81 smgle family detached dwelhng umts known as Makenna Court The City has proposed to form one community faclhl1es dtstnct for !be purpose of financmg certam mfrastrucl11re and pubhc faclhl1es and mamtenance for !be benefit of Makenna Court CFD No 2007 4 encompasses approxunately 23 46 gross acres ofland Of thiS acreage 15 81 acres are expected to be developed for resldenl1al uses CFD No 2007-4 WIll be formed to finance the acqulSll10n and/or construcl1on of road Improvements City Improvements City fees fees of the Elsmore Valley MuniCipal Water Dlstnct and fees of the Lake Elsmore Umfied School Dlstnct See Secl10n III for a hst of faclhl1es to be acqUired and mamtenance services to be funded Q \ELSINORE\CFD 2007-4 Makenna C urt\reports\CFD Report 2007-4 (Makenna Court) doc Agenda Item No 18 Page 50 of 78 City of lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITIES DISTRICT REPORT September 27 2007 Page 3 III Description of FacIlities & Services Facddles A commumty facllltles dIstnct may proVIde for the purchase construction expansIOn or rehabllltatlon of any real or other tangIble property wIth an estrmated useful hfe of five (5) years or longer winch IS necessary to meet mcreased demands placed upon local agencIes as a result of development occumng wlthm a communIty facllltles dlstnct In addItIOn a communIty faclhl1es dIstnct may proVIde for the on gomg costs for servIces and mfrastructure mamtenance for polIce fire parks open space parkways and storm dram faclhl1es as long as those servIces are m addItIon to servIces already receIved by the properly Wlthm the dlstnct The facllIl1es descnbed m the Report are all faclhtles winch the CIty IS authonzed pursuant to an agreement meeting the reqUIrements of SectIOn 533162 of the Act or otherWIse (the Jomt CommunIty FacllIl1es Agreement ) to own construct or finance and whIch are reqUIred to adequately meet the needs of CFD No 2007-4 The acl11a1 faclhtles descnbed herem are those currently expected to be reqUIred to adequately meet m part the needs of CFD No 2007-4 Because the actual needs of CFD No 2007-4 ansmg as development progresses therem may dIffer from those currently anticIpated the CIty reserves the nght to modIfy the acl11a1 fac1l111es proposed herem to the extent the CIty deems necessary m ItS sole dIscrel10n to meet those needs The proposed faclhl1es for CFD No 2007 4 mclude all or a portIOn of deSIgn constructIOn mdlrect I costs and adImmstratlOn relatmg to the followmg Improvements assocIated WIth Tract Map 33486 I Storm Dram Improvements 2 Traffic SIgnal Improvements 3 Street Improvements CFD No 2007 4 WIll also be authonzed to finance CIty capItal Improvement fees Imposed pursuant to CIty fee programs fees of the Elsmore Valley MunICIpal Water Dlstnct and fees of the Lake Elsmore Umfied School Dlstnct In addItIOn to the rmprovements above the CFD IS anl1clpated to cover the on gomg costs for mamtenance of the publIc parks open space and storm dram rmprovements Q \ELSINOREICFD 2007-4 Makenna CourtlreportsICFD Report 2007-4 (Mak nna Court) doc Agenda Item No 18 Page 51 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITIES DISTRICT REPORT September 27 2007 Page 4 IV Cost Estimate The cost estunate for the facIlItIes descnbed m SectIon 1lI IS set forth below The actIial faclhtIes to be financed will ultnnately be determmed m accordance WIth the Fundmg ConstructIOn and AcquISItIon Agreement between the City and Developer Commumty FaCIlItIes Dlstnct No 2007 4 (Makenna Court) EstImated FaCIlItIes Costs Facilities Cost Estimate City Improvements Storm Dram Traffic Signal Street City Impact Fees library Fee Master Plan of Drainage (Estimate) Park In Lieu Fee Traffic Impact Fee (Proposed) Fire Facllll1es Impact Fee Public BUilding Impact Fee Transportation Umform Mltlgal10n Fee Mull1ple Species Habitat Conservation Plan Fee EVMWD Improvements EVMWD Impact Fees Water Connection Fee Sewer Connection Fee Landscape Irngal10n Meters 2 Landscape Irngal10n Meters 1 Landscape Irngatlon Meters Backflow Inspection LEUSD Improvements LEUSD Impact Fees Total Estimated Cost $ 952 750 $ 281 250 $ 668 304 $ 1 920631 $ 13365 $ 73 780 $ 142560 $ 392 205 $ 66914 $ 221 057 $ 863 646 $ 147104 $ 1 020 730 $ 532016 $ 488714 TBD TBD TBD $ 714568 $ 5 558 233 It should be noted that the facilitIes cost estImates mclude all mdirect costs such as project management deSign engmeenng nght of way engmeenng SOIls engmeenng and testmg plan checkmg permits fees advertIsement and award costs and mspectIons Actual costs may differ from the amounts shown which are estImates only and are not mtended to be maxnnum hmlts m what may be expended Q IELSINORElCFD 2007-4 Male.... CourtlreportslCFD Report 2007-4 (Male.... Coort) doc Agenda Item No 18 Page 52 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITIES DISTRICT REPORT September 27 2007 Page 5 V Bonded Indebtedness and Incidental Expenses A Projected Bond Sales The maxunum authonzed bonded mdebtedness for CFD No 2007-4 IS $4 000 000 B Incidental Bond Issuance Expenses to be Included In the Proposed Bonded Indebtedness Pursuant to SectIOn 53345 3 of the Act bonded mdebtedness may mclude all costs and estImated costs mCldental to or connected with the accomplishment of the purpose for which the proposed debt IS to be mcurred mc1udmg but not limited to the costs of legal fiscal and financial consultant fees bond and other reserve funds discount fees mterest on any bonds of the dlstnct due and payable pnor to the eXpiratIOn of one year from the date of completIOn of the facllltJes not to exceed two years electIOn costs and all cost of Issuance of the bonds mc1udmg but not limited to fees for bond counsel costs of obtammg credit ratmgs bond msurance premiums fees for letters of credit and other credit enhancement costs and pnntmg costs For the bonds proposed to be Issued by CFD No 2007-4 capitalized mterest IS estImated for 12 months the reserve fund IS equal to the highest debt service payment m any year and all other mCldental bond Issuance expenses at approxunately 5 0 percent of the fuce amount of the bonds C InCidental Expenses to be Included In the Annnal Levy of SpeCial Taxes Pursuant to SectIOn 53340 of the Act the proceeds of any speCial tax may only be used to pay m whole or part the cost of provldmg public faCilities services and mCldental expenses As defined by the Act mCldental expenses mclude but are not limited to the cost of plannmg and deslgmng public facilitIes to be financed mcludmg the cost of environmental evaluatIOns of those faCilitIes the costs aSSOCiated With the creatIon of the dlstnct Issuance of bonds determmatIon of the amount of taxes collectIOn ofl taxes payment of taxes or costs otherwise mcurred m order to carry out the authonzed purposes of the dlstnct any other expenses mCldental to the constructIon completIOn and mspectlOn of the authonzed work, and the retIrement of eXlstmg bonded mdebtedness While the acl11al cost of admmlstenng CFD No 2007-4 may vary It IS antIcipated that the amount of speCial taxes which can be collected wIll be suffiCient to fund at least $25 000 m annual admmlstratIve expenses Q \ELSINORE\CFD 2007-4 Makenna Court\reports\CFD Report 2007-4 (Makenna Court) doc Agenda Item No 18 Page 53 of 78 Clly of lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITIES DISTRICT REPORT September 27 2007 Page 6 VI Rate and Method of Apportionment of the Special Tax All of the property located wltlun CFD No 2007-4 unless exempted by law or by the Rate and Method of Apportionment shall be taxed for the purpose of proVldmg necessary faclhl1es to serve CFD No 2007 4 Pursuant to SectIOn 53325 3 of the Act the tax llOposed IS a SpecIal Tax and not a specIal assessment and there IS no reqUIrement that the tax be apportIOned on the basIS of benefit to any property The Special Tax may be based on benefit receIved by parcels of real property the cost of makmg faclhl1es or authonzed servIces avatlable to each parcel or other reasonable basIs as detenOlned by the leglslal1ve body although the Special Tax may not be apportioned on an ad valorem basIs pursuant to ArtIcle XIllA of the Cahfornla Consl1totlOn As shown m ExhIbIt B the Rate and Method of ApportIOnment approved m the ResolutIOn of Intenl10n provIdes mformatlOn suffiCIent to allow each property owner wltlun CFD No 2007-4 to esl1mate the maxImum annual SpecIal Tax he or she WIll be reqUITed to pay SectIOns A through C below provIde addll10nal mformal1on on the Rate and Method of ApportIOnment of the SpecIal Tax for CFD No 2007 4 as IS proposed to be adopted m the ResolutIOn of FormatIOn for CFD No 2007 4 Please note that all capltahzed terms used herem unless otherwIse mdlcated shall have the meanlOgs defined m the Rate and Method of ApportIOnment A ExplanatIon for SpecIal Tax ApportIonment When a communIty faclhl1es dlstnct (a CFD) IS formed a speCIal tax may be leVIed on each parcel of taxable property wlthm the CFD to pay for the construcl1on acqUlsll10n and rehablhtal10n of pubhc fac1l111es to pay for authonzed servIces or to repay bonded mdebtedness or other related expenses mcurred by the CFD ThIs specIal tax must be apportioned m a reasonable manner however the tax may not be apportIOned on an ad valorem basIS When more than one type ofland use IS present wlthm a CFD several cntena may be consIdered when apportlOnmg the specIal tax Generally cntena based on bUlldmg square footage acreage and land use are selected and categones based on such cntena are estabhshed to dlfferenl1ate between parcels of property These categones are a dIrect result of the projected product IOlX and are reflecl1ve of the proposed land use types WlthlO that CFD SpecIfic specIal tax levels are asslgoed to each land use class WIth all parcels Wlthm a land use class asslgoed the same special tax rate The factlll1es to be timded by CFD No 2007-4 are generally m tract mfrastructore llOprovements These Improvements are reqUIred for the orderly development of the property Wltlun CFD No 2007-4 Each property wtll benefit from the Improvements m several ways I) traffic cIrculatIOn 2) sIte access 3) recreal10nal ameOll1es 4) access to ul1hl1es and 5) overall quahty of hfe enhancement The specIal tax can be apportIOned usmg several different factors related to each property mclud1ng densIty land area traffic general10n and bUIlding square footage EIght Land Use Classes have been estabhshed for Developed Property as shown m Table 1 below The SpecIal Tax for a slOgle famtly reSIdential property WIll vary dIrectly WIth the amount of resldenl1al floor area on each parcel The Special Tax for aparllnent property and non resldenl1al property WIll be determlOed based on the acreage of the parcel(s) The Special Tax for Undeveloped Property Taxable Property Owner ASSOCIation Property and Taxable Pubhc Property wtll be detenmned by the acreage of the property Q \ELSINORE\CFD 2007-4 Makenna Court\reports\CFD Report 20074 (Makenna CoUrt) doc Agenda Item No 18 Page 54 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITIES DISTRICT REPORT September 27 2007 Page 7 Based on the types of pubhc facilll1es that are proposed for CFD No 2007 4 and the factors descnbed above the Special Taxes assigned to specific land uses are generally proportIOnate to the relal1ve benefits received by them and accordmgly the Special Taxes m CFD No 2007 4 can be conSidered farr and reasonable In additIOn a mamtenance special tax (Special Tax for Services) has been estabhshed to cover the on gomg costs of mamtenance of the parks open space and pubhc storm dram system reqUired from new development The SpeCial Tax for Resldenl1al Property Will be based on a per umt baSIS The area of the property Will determme the Special Tax for Non Resldenl1al Property B MaXimum SpecI81 Tax Rates Special Tax for Faclhl1es Table I on the followmg page hsts the ASSigned Special Tax rates for fiscal year 2007 08 that are proposed to be leVied agamst Developed Property wlthm CFD No 2007 4 The MllXlmum SpeCial Taxes for developed property cannot exceed the rates shown m Table I for fiscal year 2007 08 except when the Backup SpecI8l Tax IS used as discussed m Secl10n C below The Maximum Special Tax that may be leVied agamst Undeveloped Property Taxable Property Owner ASSOCiatIOn Property and Taxable Pubhc Property cannot exceed $13395 per Acre for fiscal year 2007 08 The ASSigned Special Taxes and Maxunum SpeCial Taxes Will mcrease at a rate of two percent per year Each year the City Council shall levy the SpeCial Tax subject to the methodology and Maxlmum SpeCial Taxes set forth m the Rate and Method of ApportlOmnent m an amount suffiCient to meet the SpeCial Tax ReqUirement Special Tax for ServIces Table 2 on the followmg page hsts the Maximum SpeCial Tax rates for fiscal year 2007 08 that are proposed to be leVIed agamst property wlthm CFD No 2007-4 The ASSigned Special Taxes and MaXImum SpeCial Taxes Will mcrease at a rate of two percent per year C Backup SpecI81 Tax Pursuant to the Rate and Method of ApportlOmnent the Maximum Special Tax for Developed Property IS the greater of (I) the amount denved by apphcal10n of the ASSigned SpeCial Tax or (n) the amount denved by apphcatlOn of the Backup SpecIal Tax The Backup SpeCial Tax WIll mcrease at a rate of two percent per year D Accuracy of Informahon In order to estabhsh the ASSigned SpeCial Tax rates the Backup SpeCial Tax and the Maximum SpeCial Tax rate for Developed Property Undeveloped Property Taxable Property Owner ASSOCiatIOn Property and Taxable Pubhc Property as set forth m the Rate and Method of ApportlOmnent for CFD 2007 4 the Special Tax Consultant has rehed on mformal1on mcludmg but not lumted to absorpl1on land use types resldenl1al floor area and net taxable acreage whlCh were proVided to the SpeCial Tax Consultant by others The SpeCial Tax Consultant did not mdependently venfy such data and disclaIms responslblhty for the Impact of maccurate data proVided by others If any on the Rate and Method of ApportlOmnent for CFD No 2007-4 mcludmg the mablhty to meet the finanCial obhgatlOns ofCFD No 2007-4 Q \ELSINORE\CFD 2007-4 Makenna COUrt\reports\CFD Report 2007-4 (Mak nna Court) doc Agenda Item No 18 Page 55 of 78 City of lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITIES DISTRICT REPORT September 27 2007 Page 8 TABLE 11 Special Tax for FacilitIes ASSIgned Special Taxes for Developed Property CommuDlty FaclbtIes District No 2007 4 Fiscal Year 2007 2008 Smgle Family Property More than 2 700 sq ft $2 784 per urnt 2 Smgle Family Property 2 450 - 2 700 sq ft $2 676 per umt 3 Smgle Family Property 2200-2449 sq ft $2 569 per urnt 4 Smgle Family Property 1950-2199 sq ft $2 462 per umt 5 Smgle Fanuly Property I 700 - I 949 sq ft $2 309 per umt 6 Smgle Family Property Less than I 700 sq ft $2 157 per umt 7 Apartment Property NA $12728 per Acre 8 Non ReSidential Property NA $12728 per Acre TABLE 2 Special Tax for Services for Developed Property CommuDlty FacIlitIes District No 2007 4 Fiscal Year 2007 2008 DescriptIon Rate Smgle Family Property $251 78 per umt Multifamily Property $12589 per urnt Non ReSidential Property $567 02 per Acre Q \ELSINORE\CFD 2007-4 Makenna Court\reports\CFD Report 2007-4 (Makenna Court) doc Agenda Item No 18 Page 56 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITIES DISTRICT REPORT September 27 2007 Page 9 VII Boundaries of CFD No 2007-4 The boundanes of CFD No 2007 4 mclude all land on winch special taxes may be levied A copy of the Boundary Map for CFD No 2007-4 IS mcluded as Exhibit A Q \ELSINORElCFD 2007-4 Makenn Court\rep rtslCFD Report 2007-4 (Makenna Court) doc Agenda Item No 18 Page 57 of 78 City of lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACILITIES DISTRICT REPORT September 27 2007 Page 10 VIII General Terms and Conditions A SubstItutIon FaclbtIes The descnptlOn of the pubhc faclhhes as set forth herem are generalm theIT nalIrre The fmal nalIrre and locahon of Improvements and faclhhes WIll be determmed upon the preparahon of final plans and specIficatIOns The final plans may show subshtutes m heu or modIficatIOns to the proposed work m order to accomphsh the work of Improvement and any such subshtutlOn shall not be a change or modlficahon m the proceedmgs as long as the factllhes provIde a servIce and are of a type substanhally sImIlar to that as set forth m thIs Report Q IELSINORE\CFD 2007-4 Makenna Court\reports\CFD Report 2007-4 (Makenna Court) doc Agenda Item No 18 Page 58 of 78 City of lake Elsinore CFD No 2007-4 (Makenna Court) COMMUNITY FACiliTIES DISTRICT REPORT September 27 2007 Page 11 IX Certification Based on the mformahon provided herem It IS my opmlOn that the faclhtles and services descnbed herem are necessary to meet mcreased demands placed upon the County as a result of development occurnng wlthm the boundanes ofCFD No 20074 and benefit the lands wltlnn said CFD No 2007 4 Further It IS my opmlon that the special tax rates and method of apportIOnment as set forth herem are fair and eqUitable umformly apphed and not dlscnmmahng or arbitrary Dated September 27 2007 Hams & Associates Dennis A Anderson Associate / Project Manager Q IELSINOREICFD 2007-4 Makenna Court\reportsICFD Report 2007-4 (Makenna Court) doc Agenda Item No 18 Page 59 of 78 City of lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit A September 27 2007 Page A 1 Boundary Map PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No 2007-4 OF THE CITY OF LAKE ELSINORE (MAKENNA COURT) COUNTY OF RIVERSIDE STATE OF CALIFORNIA -l fTl ;;0 ;;0 )> () o -l -l )> ;;0 o )> CJ EXCLUDING LOT 81 Of TRACT 33486 EXClUDING LOT 43 OF 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Q \ELSINORE\CFD 2007-4 Makenna Court\reports\CFD Report 2007-4 (Makenna Court) doc Agenda Item No 18 Page 60 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page B 1 Rate and Method of Apportionment RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT No 2007-4 OF THE CITY OF LAKE ELSINORE (MAKENNA COURT) A SpeCIal Tax shall be levied on aU Assessor s Parcels m Commumty Faclhl1es Dlstnct No 2007-4 of the City of Lake Elsmore (Makenna Court) ( CFD No 20074) and coUected each Fiscal Year commencmg m Fiscal Year 2007 2008 m an amount detenmned through the apphcatlOn of thiS Rate and Method of ApportIOnment as descnbed below AU of the real property m CFD No 2007-4 unless exempted by law or by the proVISIOns hereof shall be taxed for the purposes to the extent and m the manner herem provided A DEFINITIONS The terms heremafter set forth have the foUowmg meanmgs "Acre or 'Acreage means the land area of an Assessor s Parcel as shown on an Assessor's Parcel Map or If the land area IS not shown on an Assessor s Parcel Map the land area shown on the apphcable final map parcel map condommlUm plan or other recorded County parcel map Act means the MeUo Roos Community Faclhl1es Act of 1982 bemg Chapter 2 5 Part I DlVlslOn 2 of Title 5 of the Cahfornla Government Code 'AdministratIve Expenses' means the foUowmg actual or reasonably esl1mated costs directly related to the adimmstratlOn of CFD No 2007-4 the costs of computmg the SpeCIal Taxes and preparmg the annual SpeCIal Tax coUectlOn schedules (whether by the City or deSignee thereof or both) the costs of coUectmg the Special Taxes (whether by the City or otherwise) the costs of remlttmg the Special Taxes to the Trustee the costs of the Trustee (mcluding ItS legal counsel) m the discharge of the dul1es reqwred of It under the Indenture the costs to the CIty CFD No 2007 4 or any deSignee thereof of complYIng WIth arbitrage rebate reqUIrements the costs to the City CFD No 2007-4 or any deSignee thereof of complYIng With disclosure reqwrements of the City CFD No 2007-4 or obhgated persons associated With apphcable federal and state secunl1es laws and the Act the costs assocIated WIth prepanng SpeCial Tax disclosure statements and responding to pubhc mqumes regardmg the SpeCIal Taxes the costs of the City CFD No 2007 4 or any deSignee thereof related to an appeal of the Special Tax the costs assoCiated WIth the release of funds from an escrow account and the City s annual ammmstral10n fees and thIrd party expenses Adrmmstral1ve Expenses shaU also mclude amounts estunated by the CFD Adrmmstrator or advanced by the City or CFD No 2007 4 for any other adrmmstral1ve purposes of CFD No 2007 4 mcludmg attorney s fees and other costs related to commencmg and pursumg to complel1on any foreclosure of dehnquent SpeCIal Taxes Apartment Property means all Assessor s Parcels of Resldenl1al Property on which one or more Apartment Umts are constructed Apartment VOlt means a dwelhng unIt wlthm a bUIlding compnsed or attached reSidentIal unitS available for rental by the general pubhc not for sale to an end user and under common management City of Lake Elsmore Commumty Facilll1es Dlstnct No 2007 4 8/15/2007 AgehllM I~em No 18 Page 61 of 78 City of lake Elsinore CFD No 20074 (Makenna Court) Exhibit B August 15 2007 Page 8 2 Rate and Method of ApportIonment Assessor s Parcel means a lot or parcel to whIch an Assessor s parcel number IS assigned as determmed from an Assessor s Parcel Map or the apphcable assessment roll "Assessor's Parcel Map' means an offiCial map of the County Assessor of the County designating parcels by Assessor s Parcel number Assigned Special Tax for FaclhtIes" means the Special Tax for Faclhtles for each Land Use Class of Developed Property as determmed 10 accordance With Section C I (b) below "Authorized Faclhties" means those faclhtles ehgible to be funded by CFD No 2007-4 Backup Special Tax for FacultIes means the Special Tax for Faclhtles apphcable to each Assessor S Parcel of Developed Property as determmed 10 accordance With SectIOn C I (c) below "CertIficate of Occupancy" means a certificate Issued by the City that authonzes the actual occupancy of a dwellmg unit for habitation by one or more residents "CFD AdmlUlstrator" means an official of the City or designee thereof responsible for determmmg the Special Tax ReqUirement for Faclhtles the Special Tax ReqUirement for Services as determmed 10 accordance WIth Section I below and provldmg for the levy and collection of the Special Taxes CFD No 2007-4 means Community Facilities Dlstnct No 2007 4 of the City of Lake Elsmore (Makenna Court) "CFD No 2007 4 Bonds' means any bonds or other debt (as defined 10 Section 53317(d) of the Act) whether 10 one or more senes Issued by CFD No 2007-4 and secured solely by the Special Tax for Facilities levy on property wlthm the boundanes of CFD No 2007 4 under the Act City means the City of Lake Elsmore Council" means the City Council of the City of Lake Elsmore actmg as the legislative body ofCFD No 2007-4 County' means the County of Riverside "Developed Property" means With respect to the SpeCial Tax for FaclhtJes for each Fiscal Year all Taxable Property exclUSive of Taxable Pubhc Property and Taxable Property Owner AssociatIOn Property for whICh the Fmal SubdiVISIOn was recorded on or before January I of the pnor Fiscal Year and a building permit for new construction was Issued on or before May I of the Fiscal Year precedmg the FIscal Year for which the SpeCial Tax for FaclhtJes IS bemg levlCd Fmal SubdiVISIon means a subdiVISIon of property by recordatIOn of (I) a final map or portIOn thereof approved by the City pursuant to the SubdiVIsIOn Map Act (Cahforma GovenmIent Code Section 66410 et seq) that creates mdlvldual lots for whIch bUilding permIts may be Issued or (n) lot hne adJustJnent approved by the City City of Lake Elsmore CommunIty Facilities District No 2007 4 8/15/2007 AgertcJgelfem No 18 Page 62 of 78 Crty of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page B 3 Rate and Method of Apportionment Fiscal Year' means the penod startmg July I and endmg on the followmg June 30 Indenture means the mdenture fiscal agent agreement resolutIOn or other mstrument pursuant to which CFD No 2007 4 Bonds are Issued as moillfied amended and/or supplemented from lime to lime and any mstrument replacmg or supplementmg the same Land Use Class means any of the classes hsted 10 Table I below MaXimum Special Tax for FacilitIes" means the maxlffium Special Tax for FacIlllles determmed 10 accordance WIth Secllon C below that can be leVied 10 any Fiscal Year on any Assessor s Parcel Non ResidentIal Property means all Assessor s Parcels of Developed Property for which a bUlldmg permit permltllng the construcllon of one or more non resldenllal unIts or faclhlles has been Issued by the CIty and whIch IS not otherWIse Resldenllal Property Outstandmg Bonds means all CFD No 2007 4 Bonds whIch are deemed to be outstanillng under the Indenture Property Owner ASSOCiatIon Property means for each FIscal Year (I) any property wlthm the boundanes of CFD No 2007 4 that was owned by a property owner assoclallon mcludmg any master or sub assoclallon as of January I of the pnor FIscal Year (n) any property located m a Fmal SubdIVIsIOn that was recorded as of the May I precedmg the FIscal Year 10 whIch the SpecIal Tax IS bemg leVIed and whIch as determmed from such Fmal SubdlvlSlon IS or WIll be open space a common area recreallon faclhty or a pnvate street or (m) any property whIch as of the May I precedmg the FIscal Year for whIch the Special Tax IS bemg leVIed has been conveyed Irrevocably deillcated or Irrevocably offered to a property owner s assoClallon mcluillng any master or sub associatIOn proVIded such conveyance dedlcallon or offer IS submItted to the CFD Admmlstrator by May I precedmg the FIscal Year for whIch the SpecIal Tax IS bemg leVied ProportIonately means for Developed Property that the rallo of the actual SpecIal Tax for FaclhtIes levy to the ASSIgned SpecIal Tax for Faclhlles IS equal for all Assessor s Parcels of Developed Property For Undeveloped Property ProportIOnately means that the rallo of the actual SpecIal Tax for Faclhtles levy per Acre to the Maximum SpecIal Tax for FacIlllles per Acre IS equal for all Assessor s Parcels of Undeveloped Property The term Proporl1onately may SImIlarly be apphed to other categones of Taxable Property as hsted m SectIOn D below PublIc Property" means property wlthm the boundanes of CFD No 2007-4 owned by Irrevocably offered or dedIcated to or over through or under whIch an easement for purposes of pubhc use has been granted to the federal government the State the County the CIty or any local government or other publIc agency provIded that any property leased by a pubhc agency to a pnvate enllty and subject to taxatIOn under SectIOn 53340 I of the Act shall be taxed and classIfied accorillng to ItS use ResldenlIal Floor Area' means all of the square footage ofhVlng area Wlthm the penmeter of a resldenllal structure not mcluillng any carport walkway garage overhang patIO enclosed patIo or SImIlar area The detenrunatlOn of ReSIdentIal Floor Area for an Assessor s Parcel shall be made by reference to the buIldmg permlt( s) Issued for such Assessor s Parcel Such determmatlOn shall be final followmg the Issuance of a CertIficate of Occupancy for the dwelhng unIt CIty of Lake Elsmore Community FacIlItIes DIStrICt No 2007-4 8/15/2007 Agerld\1r9fum No 18 Page 63 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page B-4 Rate and Method of Apportionment , ResidentIal Property means all Assessor s Parcels of Developed Property for which a bUlldmg perrrnt permltt10g the constructIOn thereon of one or more reSidentIal dwellIng uOlts has been Issued by the City Smgle Family Property" means all Assessor s Parcels of ReSidentIal Property other than Apartment Property Special Tax means any of the special taxes authonzed to be leVied by CFD No 2007 4 pursuant to the Act Special Tax for FaCIlItIes means the special tax to be leVied m each Fiscal Year on each Assessor's Parcel of Developed Property Taxable Property Owner ASSOCiatIon Property Taxable PublIc Property and Undeveloped Property to fund the SpeCial Tax ReqUlrement for FaCIlItIes SpeCial Tax ReqUirement for FacIlitIes means that amount reqUITed 10 any Fiscal Year for CFD No 20074 to (I) pay debt service on all Outstand1Og Bonds due 10 the calendar year commenc1Og 10 such Fiscal Year (11) pay penomc costs on the CFD No 2007 4 Bonds 1Oclud1Og but not lImited to cremt enhancement and rebate payments on the CFD No 2007 4 Bonds due 10 the calendar year commenc1Og m such Fiscal Year (lll) pay a proportIOnate share of AmmmstratIve Expenses (IV) pay any amounts reqUlred to establIsh or repleOlsh any reserve funds for all Outstanmng Bonds (v) pay for reasonably antIcipated SpeCial Tax for FaCIlItIes delInquenCies based on the delInquency rate for the SpeCial Tax for Facilities levy 10 the prevIOus Fiscal Year (VI) pay drrectiy for acqUlsll10n or construcl1on of Authonzed FaCIlItIes to the extent that the 1OcluslOn of such amount does not 10crease the SpeCial Tax for FacllIl1es levy on Undeveloped Property less (V11) a credit for funds available to reduce the annual SpeCial Tax for FacllIl1es levy as detenmned by the CFD Adm1Olstrator pursuant to the Indenture 'State means the State of CalIfornia 'Taxable Property means all of the Assessor s Parcels W1th1O the boundanes of CFD No 2007-4 which are not exempt from the SpeCial Tax for FaCIlIties pursuant to law or SectIon E below "Taxable Property Owner ASSOCiatIon Property' means all Assessor s Parcels of Property Owner ASSOCiatIon Property that are not exempt pursuant to SectIOn E below Taxable PublIc Property' means all Assessor s Parcels of PublIc Property that are not exempt pursuant to Secl10n E below "Trustee means the trustee or fiscal agent under the Indenture Undeveloped Property means for each FIscal Year all Taxable Property not claSSified as Developed Property Taxable Property Owner Assoclal1on Property or Taxable PublIc Property City of Lake Els100re CommunIty FaCIlItIes Dlstnct No 2007 4 8/15/2007 AgJMa 'hem No 18 Page 64 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page B 5 Rate and Method of Apportionment B ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year all Taxable Property wlthtn CFD No 2007-4 shall be classified as Developed Property Taxable Public Property Taxable Property Owner ASSOCiatIon Property or Undeveloped Property and shall be subject to the Special Tax for FaCIlitIes m accordance With thiS Rate and Method of ApportIOnment determmed pursuant to SectIons C and D below Each Assessor s Parcel of ResidentIal Property shall be aSSigned to Land Use Classes I through 7 as listed m Table I below based on umt type and ReSidentIal Floor Area Each Assessor s parcel of Non ReSidentIal Property shall be aSSigned to Land Use Class 8 C MAXIMUM SPECIAL TAX FOR FACILITIES Pnor to the Issuance of CFD No 2007 4 Bonds the ASSigned SpeCial Tax for FacilitIes on Developed Property (set forth m Table I) and the Backup SpeCial Tax for FacilitIes attnbutable to a FInal SubdlVlslOn may be reduced In accordance With and subject to the conditIons set forth m thiS paragraph If It IS reasonably determmed by the CFD Admmlstrator that the overlappmg debt burden (as defined m the Statement of Goals and PoliCies for the Use of the Mello Roos Commumty FaCIlitIes Act of 1982 adopted by the Council the Goals and PoliCieS ) calculated pursuant to the Goals and PoliCies based upon the ASSIgned SpeCial Tax for FaCIlitIes on Developed Property exceeds the City s maximum level objectIve set forth m such document the ASSigned SpeCial Tax for FaCIlitIes on Developed Property and the Backup SpeCial Tax for FaCIlitIes attnbutable to a Fmal SubdiVISIon may be reduced to the amount necessary to satIsfY the City s objectIve With respect to the maximum overlappmg debt burden level With the wntten consent of the CFD Admmlstrator The reductIOns permItted pursuant to thiS paragraph shall be reflected m an amended notIce of SpeCial Tax lien which the City shall cause to be recorded by executmg a certIficate m substantIally the form attached hereto as Exhibit A I Develooed Prooertv (a) Maxunum SpeCial Tax for FaCIlitIes The Maximum SpeCial Tax for FaCIlities for each Assessor s Parcel claSSified as Developed Property shall be the greater of (I) the amount denved by applicatIOn of the ASSigned SpeCial Tax for FaCIlitIes or (n) the amount denved by applicatIon of the Backup SpeCial Tax for FacilitIes (b) ASSigned SpeCial Tax for FaCIlitIes The ASSigned SpeCial Tax for FaCIlitIes for each Land Use Class IS shown below m Table I City of Lake ElSInore Community FacilitIes Dlstnct No 2007 4 8/15/2007 AgJrMa ltem No 18 Page 65 of 78 City of lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page 6-6 Rate and Method of Apportionment TABLE'! Assigned Special Tax for FacilitIes for Developed Property CommuDlty FacIlitIes District No 2007-4 Fiscal Year 2007 2008 1 Smgle FamIly Property More than 2 700 sq ft $2 784 per urnt 2 Smgle FamIly Property 2450-2700 sq ft $2676 per umt 3 Smgle Family Property 2200-2449 sq ft $2 569 per umt 4 Smgle FamIly Property 1950-2199 sq ft $2 462 per urnt 5 Smgle FamIly Property 1700-1949 sq ft $2 309 per umt 6 Smgle FamIly Property Less than 1 700 sq ft $2 157 per umt 7 Apartment Property NA $12728 per Acre 8 Non ReSidentIal Property NA $12728 per Acre (c) Backup SpeCIal Tax for FacIlitIes The FIscal Year 2007 2008 Backup SpeCIal Tax for FaCIlItIes attnbutable to a Fmal SubdlVlslOn will equal $13 395 multIplIed by the Acreage of all Taxable Property exclUSive of any Taxable Property Owner AssoCIatIon Property and Taxable PublIc Property therem The Backup SpeCial Tax for FaCIlItIes for each Assessor S Parcel of ReSidentIal Property shall be computed by dlvldmg the Backup SpeCIal Tax for FaCIlItIes attnbutable to the applIcable Fmal SubdlVlslOn by the number of Assessor S Parcels and/or reSIdentIal umts for wluch bwldmg penmts for reSidentIal constructIon have or may be Issued (I e the number or resIdential lots and/or urnts) The Backup SpeCIal Tax for FacIlItIes for each Assessor s Parcel of Non ReSIdentIal Property therem shall equal $13 395 multIplIed by the Acreage of such Assessor s Parcel If a Fmal SubdlVlslOn mcludes Assessor s Parcels of Taxable Property for wluch bwldmg permIts for both reSidentIal and non reSIdentIal constructIon may be Issued exclUSIve of Taxable Property Owner ASSOCIatIon Property and Taxable PublIc Property then the Backup SpeCIal Tax for FaCilItIes for each Assessor s Parcel of ReSIdentIal Property shall be computed exclUSIve of the Acreage and Assessor s Parcels of property for WhICh bwldmg penmts for non reSIdentIal constructIOn may be Issued Notwlthstandmg the foregomg If all or any portIOn of the Fmal SubchvlSlon(s) descnbed m the precechng paragraphs IS subsequently changed or mochfied by recordatIOn of a lot Ime adJusttnent or snnIlar mstmment and only If the CFD Achmmstrator detenmnes that such change or mochficatIon results m a decrease m the CIty of Lake Elsmore Commurnty FaCIlItIes DIStnCt No 2007 4 8/15/2007 Age~B8el~em No 18 Page 66 of 78 CIty of lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page B-7 Rate and Method of Apportionment number of Assessor s Parcels of Taxable Property for which bwldmg perr",ts for resldenl1al construcl1on have or may be Issued wlthm such Fmal SubdJvlSlon then the Backup Special Tax for Fac1l111es for each Assessor s Parcel of Developed Property that IS part of the lot Ime adJuslinent or smular mstrument for such Fmal SubdiVIsion shall be a rate per Acre as calculated below The Backup Special Tax for Fac1l111es prevIOusly determmed for an Assessor s Parcel of Developed Property that IS not a part of the lot Ime adJuslinent or smular mstrument for such Fmal SubdJVIslOn shall not be recalculated I Determme the total Backup Special Tax for Faclhl1es anl1clpated to apply to the changed or I modified porl1on of the Fmal SubdJvlslOn area pnor to the change or modJfical1on 2 The result of paragraph I above shall be dJvlded by the Acreage of Taxable Property whICh IS ull1mately expected to eXist m such changed or modified portIOn of the Fmal SubdJvlSlon area as I reasonably determmed by the CFD AdJmnIstrator 3 The result of paragraph 2 above shall be the Backup Special Tax for Faclhl1es per Acre which shall be apphcable to Assessor s Parcels of Developed Property m such changed or modJfied portIOn of the Fmal SubdiVision area for all remammg Fiscal Years m WhiCh the Special Tax for Faclhl1es may be leVied (d) Increase m the Assigned Special Tax for Faclhl1es and Backup Special Tax for Faclhl1es The Fiscal Year 2007 2008 ASSigned Special Tax for Faclhl1es Idenl1fied m Table I above and Backup Special Tax for Faclhl1es shall mcrease thereafter commencmg on July I 2008 and on July I of each Fiscal Year thereafter by an amount equal to two percent (2%) of the amount m effect for the prevIOus Fiscal Year (e) Multiple Land Use Classes In some mstances an Assessor s Parcel of Developed Property may contam more than one Land Use Class The Maximum Special Tax for Fac1l111es leVied on an Assessor s Parcel shall be the sum of the Max1ffium Special Tax for Fac1l111es for all Land Use Classes located on that Assessor s Parcel The CFD AdJmmstrator s allocal1on to each type of property shall be final 2 Taxable Prooertv Owner Assoclal1on Prooertv. Taxable Pubhc Prooertv. and Undevelooed Prooertv The Fiscal Year 2007 2008 Maximum Special Tax for Fac1l111es for Taxable Property Owner ASSOCiatIOn Property Taxable Pubhc Property and Undeveloped Property shall be $13 395 per Acre and shall mcrease thereafter commencmg on July I 2008 and on July I of each Fiscal Year thereafter by an amount equal to two percent (2%) ofthe Max1ffium Special Tax for Faclhl1es m effect for the prevIOus Fiscal Year City of Lake Elsmore Commumty Faclhl1es DiStrICt No 2007 4 8/15/2007 Ag~nem No 18 Page 67 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page 8-8 Rate and Method of Apportionment D METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencmg with Fiscal Year 2007 2008 and for each followmg Fiscal Year the CounCil shall deternune the SpecIal Tax ReqUIrement for FacilItIes and levy the Special Tax for FaCIlItIes untIl the amount of Special Tax for FaCIlItIes levy equals the SpeCIal Tax ReqUIrement for FaCIlItIes The Special Tax for FaCIlItIes shall be leVied each Fiscal Year as follows First The SpeCIal Tax for FaCIlItIes shall be leVIed on each Assessor s Parcel of Developed Property m an amount equal to 100% of the applIcable ASSigned SpeCIal Tax for FacilItIes Second If addlttonal momes are needed to satIsfy the Special Tax ReqUIrement for FacIlIttes after the first step has been completed the Special Tax for FacIlIttes shall be leVied ProportIOnately on each Assessor s Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for FacIlIttes for Undeveloped Property third If addItIonal momes are needed to sattsfy the Special Tax ReqUIrement for FacIllttes after the first two steps have been completed then the levy of the SpeCIal Tax for FacIlIttes on each Assessor s Parcel of Developed Property whose Maxunum Special Tax for FacIlIttes IS deternuned through the applIcatIOn of the Backup Special Tax for FaCIlItIes shall be mcreased m equal percentages from the ASSigned SpeCIal Tax for FacIllttes up to the Maximum Special Tax for FacIlIttes for each such Assessor s Parcel Fourth If addlttonal momes are needed to sattsfy the Special Tax ReqUIrement for FacllIttes after the first three steps have been completed then the Special Tax for FacIlIttes shall be leVied ProportIOnately on each Assessor s Parcel of Taxable Property Owner ASSOCiatIOn Property and Taxable PublIc Property at up to 100% of the Maxunum SpeCIal Tax for FacIlitIes for Taxable Property Owner Assoclatton Property or Taxable PublIc Property NotwithstandIng the above the CounCil may m any Fiscal Year levy Proportionately less than 100% of the ASSigned Special Tax for FacIllttes m step one (above) when (I) the CouncIl IS no longer reqUIred to levy the Special Tax for FaCIlItIes pursuant to steps two through four above In order to meet the SpeCial Tax ReqUIrement for FacIllttes (n) all authonzed CFD No 2007-4 Bonds have already been Issued or the CounCil has covenanted that It Will not Issue any additIOnal CFD No 20074 Bonds (except refundIng bonds) to be supported by the SpeCIal Tax for FacIlIttes and (m) all Authonzed FacIlitIes have been constructed and/or acqUIred and all reunbursements to the developer for the constructton and/or acqUlsltton of such facIlIttes have been paid as permitted by law Further notwithstandIng the above under no circumstances Will the SpeCial Tax for FacIlitIes leVied agaInst any Assessor s Parcel of ReSidentIal Property for which a Certificate of Occupancy has been Issued be Increased by more than ten percent as a consequence of delInquency or default by the owner of any other Assessor s Parcel WithIn CFD No 2007 4 City of Lake ElSInore Community FacIlIttes Dlstnct No 2007 4 8/15/2007 AgeJ!@Rf lIem No 18 Page 68 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) ExhibIt B August 15 2007 Page B 9 Rate and Method of Apportionment E EXEMPTIONS No Special Tax for Faclhttes shall be levied on up to 5 3 Acres of Property Owner Assoclal1on Properly and/or Pubhc Properly m CFD No 2007 4 Tax exempt status w1l1 be assigned by the CFD Admmlstrator m the chronological order m which properly hecomes Properly Owner AssociatIOn Properly or Pubhc Properly However should an Assessor s Parcel no longer be classIfied as Property Owner AssociatIOn Properly or Puhhc Properly ItS tax exempt status w1l1 be revoked Properly Owner AssociatIOn Properly or Pubhc Properly that IS not exempt from Special Tax for Faclhl1es under t1us sectIOn shall be subject to the levy of the Special Tax for Faclhl1es and shall be taxed ProportIOnately as part of the fourth step m Secl10n D above at up to 100% of the MaXimum Special Tax for Fac1l1l1es for Taxable Properly Owner ASSOCIatIOn Properly or Taxable Pubhc Properly F MANNER OF COLLECTION The Special Tax for Fac1l1l1es shall be collected m the same manner and at the same I1me as ordmary ad valorem properly taxes proVIded however that CFD No 2007-4 may directly b1l1 the SpeCial Tax for Fac1l1l1es may collect the SpeCial Tax for Faclhl1es at a different l1rne or m a different manner If necessary to meet ItS finanCial obhgatlOns and may covenant to foreclose and may acl11ally foreclose on delmquent Assessor s Parcels as penrutted by the Act G PREPAYMENT OF SPECIAL TAX FOR FACILITIES The followmg additIOnal defimtlOns apply to thiS SectIOn G BUlldout means for CFD No 2007-4 that all expected bwldmg permits for dwelhng unitS to be constructed m CFD No 2007 4 have been Issued as reasonably determmed by the CFD Admmlstrator "CFD Public FaCIlitIes' means either $2550000 m 2007 dollars which shall mcrease by the Construcl1on Inflal10n Index on Jnly I 2007 and on each July I thereafter or such lower number as (I) shall be determmed by the CFD Admlmstrator as suffiCient to proVide fundmg for all of the Authonzed Fac1l1l1es or (n) shall be determmed by the CounCil concurrently With a covenant that It wIll not Issue any more CFD No 2007-4 Bonds (except refundmg bonds) to be supported by the SpeCial Tax for Faclhl1es levy under thiS Rate and Method of ApportIOnment as descnbed m Sectton D above "ConstructIon InflatIon Index" means the annual percentage change m the Engmeenng News Record Bullding Cost Index for the City of Los Angeles measured as of the calendar year which ends m the prevIOus Fiscal Year In the event thiS mdex ceases to be pubhshed the ConstructIOn InflatIOn Index shall be another mdex as determmed by the CFD Admmlstrator that IS reasonably comparable to the Engmeermg News Record BuIlding Cost Index for the City of Los Angeles Future FaCIlitIes Costs means the CFD Pubhc Faclhl1es mmus (I) costs of Authonzed Faclhtles prevIOusly paid from the Improvement Fund (n) moneys currently on depOSit m the Improvement Fund avallable to pay costs of Authonzed Facllltles and (m) moneys currently on depOSit m an escrow fund that are expected to be avallable to finance the cost of Authonzed FacIlities City of Lake Elsmore Community Fac1l1tles Dlstnct No 2007 4 8/15/2007 Age~llJIlf ~em No 18 Page 69 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page B 10 Rate and Method of Apportionment Improvement Fund means an account specIfically Idenl1fied m the Indenture to hold funds whIch are currently avaIlable for expendIture to acqurre or construct Authonzed FacllIl1es I PreVIOusly Issued Bonds means for any FIscal Year all Outstandmg Bonds that are deemed to be outstandmg under the Indenture after the first mterest and/or pnnclpal payment date followmg the current FIscal Year 1 Prepayment III Full Only an Assessor s Parcel of Developed Property or Undeveloped Property for whIch a bwldmg permIt has been Issued, may be prepaId The oblIgatIOn of the Assessor s Parcel to pay the SpeCIal Tax for FacIlll1es may be permanently sal1sfied as descnbed herem proVIded that a prepayment may be made WIth respect to a partIcular Assessor s Parcel only If there are no delmquent Special Taxes WIth respect to such Assessor s Parcel at the lime of prepayment An owner of an Assessor s Parcel mtendmg to prepay the SpeCIal Tax for FacllIl1es oblIgatIOn shall proVIde the CFD Admmlstrator WIth wntten nol1ce of mlent to prepay Wlthm 30 days of receIpt of such wntten nol1ce the CFD Admlmstrator shall nol1fy such owner of the prepayment amount for such Assessor s Parcel The CFD Admnustrator may charge a reasonable fee for proVldmg thIS sefVIce Prepayment must be made not less than 45 days pnor to the next occUlTIng date that nol1ce of redemptIOn of CFD No 2007 4 Bonds from the proceeds of such prepayment may be gIVen by the Trustee pursuant to the Indenture The SpeCIal Tax for Fac1l111es Prepayment Amount (defined below) shall be calculated as summanzed below (capItalIzed terms as defined below) Bond RedemptIOn Amount plus plus plus plus less less Total equals RedemptIOn Prelillum Future FacllIl1es Amount Defeasance Amount Admlll1stratlVe Fees and Expenses Reserve Fund CredIt CaOltalIzed Interest CredIt SpeCial Tax for FacllIl1es Prepayment Amount As of the proposed date of prepayment the SpeCIal Tax for FaCIlItIes Prepayment Amount shall be calculated as follows I Confirm that no SpeCIal Tax delInquenCIes apply to such Assessor s Parcel 2 For Assessor s Parcels of Developed Property compute the ASSIgned SpeCIal Tax for FaCllIl1es and Backup SpeCIal Tax for FaCllIl1es For Assessor s Parcels of Undeveloped Property for whIch a bwldmg permIt has been Issued compute the ASSIgned SpeCIal Tax for FacllIl1es and Backup SpeCIal Tax for FacllIl1es for that Assessor s Parcel as though It was already deSIgnated as Developed Property based upon the bwldmg permIt whIch has already heen Issued for that Assessor s Parcel 3 (a) DIVIde the ASSIgned SpeCIal Tax for FacllIl1es computed pursuant to paragraph 2 by the total esl1mated ASSIgned SpeCIal Tax for FacllIl1es for the entrre CFD No 2007-4 based on the Developed Property SpeCIal Tax for FacllIl1es whIch could be leVIed m the current FIscal Year on all expected development tIrrough Bwldout of CFD No 2007 4 excludmg any Assessor s Parcels whIch have been preplUd and City of Lake Elslllore COImnumty FaCllIl1es DIstrIct No 2007 4 8/15/2007 AgEf_Wem No 18 Page 70 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page 6-11 Rate and Method of Apportionment (b) DIvide the Backup Special Tax for Faclhhes computed pursuant to paragraph 2 by the total eshmated Backup Special Tax for Faclhhes at BUlldout for the enhre CFD No 2007 4 exc1udmg any Assessor s Parcels which have been prepaid 4 Mulhply the larger quohent computed pursuant to paragraph 3(a) or 3(b) by the PrevIOusly Issued Bonds to compute the amount of PrevIOusly Issued Bonds to be rehred and prepaid (the Bond RedemptIOn Amount) 5 Mulhply the Bond Redemphon Amount computed pursuant to paragraph 4 by the apphcable redemptIOn premIUm (e g the redemphon pnce 100%) If any on the PreVIOusly Issued Bonds to be redeemed (the RedemptIOn PremIUm ) 6 Compute the current Fuhrre Facillhes Costs 7 Mulhply the larger quohent computed pursuant to paragraph 3(a) or 3(b) by the amount determmed pursuant to paragraph 6 to compute the amount of Fuhrre Faclhhes Costs to be prepaid (the Future Faclbtles Amount) 8 Compute the amount needed to pay mterest on the Bond RedemptIOn Amount from the first bond mterest andlor pnnclpal payment date followmg the current Fiscal Year until the earhest redemptIOn date for the PreVIOusly Issued Bonds 9 Determme the SpeCial Tax for Faclhhes leVied on the Assessor s Parcel 10 the current Fiscal Year which has not yet been paid 10 Compute the mlmmum amount the CFD Admmlstrator reasonably expects to denve from the remveshnent of the SpeCial Tax for Faclhhes Prepayment Amount less the Fuhrre Faclhhes Amount and the Admlmstrahve Fees and Expenses (defined below) from the date of prepayment until the redemphon date for the PreVIOusly Issued Bonds to be redeemed With the prepayment II Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the Defeasance Amount) 12 The admmlstrahve fees and expenses of CFD No 2007-4 are as calculated by the CFD Admmlstrator and mc1ude the costs of computahon of the prepayment the costs to mvest the prepayment proceeds the costs of redeemmg CFD No 2007 4 Bonds and the costs of recordmg any nohces to eVidence the prepayment and the redemptIOn (the AdminIstratIve Fees and Expenses) 13 The reserve fund cremt (the Reserve Fund Credit) shall equal the lesser of (a) the expected reduchon 10 the reserve reqUirement (as defined 10 the Indenhrre) If any associated With the redemphon of PreVIOusly Issued Bonds as a result of the prepayment or (b) the amount denved by subtractlOg the new reserve reqUirement (as defined 10 the Indenhrre) 10 effect after the redemphon of PrevIOusly Issued Bonds as a result of the prepayment from the balance 10 the reserve fund on the prepayment date but 10 no event shall such amount be less than zero No Reserve Fund Cremt shall be granted If the amount then on depOSit 10 the reserve fund for the PreVIOusly Issued Bonds IS below 100% of the reserve reqUirement (as defined 10 the Indenhrre) City of Lake ElslOore Commumty FaClhhes Dlstnct No 2007 4 8/15/2007 Aglrffia Hem No 18 Page 71 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page B 12 Rate and Method of Apportionment 14 If any capltahzed mterest for the PrevIOusly Issued Bonds wIll not have been expended as of the date llrunedlately followmg the first mterest and/or pnnclpal payment followmg the current Fiscal Year a capltahzed mterest credit shall be calculated by multIplymg the larger quotIent computed pursuant to paragraph 3(a) or 3(b) by the expected balance m the capltahzed mterest fund or account under the IndentIire after such first mterest and/or pnnclpal payment (the Capltalzzed Interest CredIt) 15 The Special Tax for FaclhtIes prepayment IS equal to the sum of the amounts computed pursuant to paragraphs 4 5 7 11 and 12 less the amounts computed pursuant to paragraphs 13 and 14 (the SpecIal Taxfor FacIlztles Prepayment Amount) From the Special Tax for FaclhtIes Prepayment Amount the amounts computed pursuant to paragraphs 4 5 II 13 and 14 shall be deposited mto the appropnate fund as estabhshed under the IndentIire and be used to retIre CFD No 2007 4 Bonds or make debt service payments The amount computed pursuant to paragraph 7 shall be deposited mto the Improvement Fund The amount computed pursuant to paragraph 12 shall be retamed by CFD No 2007-4 The Special Tax for FaclhtIes Prepayment Amount may be msufficlent to redeem a full $5 000 mcrement of CFD No 2007 4 Bonds In such cases the mcrement above $5 000 or mtegral multIple thereof WIll be retamed m the appropnate fund estabhshed under the IndentIire to be used WIth the next prepayment of CFD No 2007 4 Bonds or to make debt servIce payments As a result of the payment of the current Fiscal Year s Special Tax for FaClhtIes levy as detenmned under paragraph 9 (above) the CFD Adinmlstrator shall remove the current Fiscal Year s Special Tax for FacIlitIes levy for such Assessor s Parcel from the County tax rolls WIth respect to any Assessor s Parcel that IS prepaid the CouncIl shall cause a SUitable notIce to be recorded m comphance With the Act to mdlcate the prepayment of the Special Tax for FaclhtIes and the release of the Special Tax for FaclhtIes hen on such Assessor s Parcel and the obhgatlOn of such Assessor s Parcel to pay the Special Tax for FaCIlitIes shall cease Notwlthstandmg the foregomg no Special Tax for FaclhtIes prepayment shall be allowed II unless at the tIme of such proposed prepayment the amount of Maxunum Special Tax for FacIlitIes that may be leVIed on Taxable Property Wlthm CFD No 2007 4 (after excluding 5 3 Acres of Property Owner ASSOCiatIOn Property and Public Property as set forth m SectIon E) both pnor to and after the proposed prepayment IS at least equal to the sum of (I) the Adimmstratlve Expenses as defined In SectIOn A above and (ll) I 10 tImes maxImum annual I debt servIce In each remaInIng Fiscal Year on the Outstanding Bonds 2 Prepayment 1D Part The SpecIal Tax for Faclhtles on an Assessor s Parcel of Developed Property or an Assessor s Parcel of Undeveloped Property for which a buIlding permIt has been Issued may be partIally prepaId The amount of the prepayment shall be calculated as In SectIon G I except that a partIal prepayment shall be calculated according to the follOWIng formula City of Lake ElSInore Commumty FaclhtIes Dlstnct No 2007 4 8/15/2007 AgJ'mla Wam No 18 Page 72 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page 6-13 Rate and Method of Apportionment PP= [(PE-A) xF] + A These terms have the followmg meamng PP = the partial prepayment PE = the Special Tax for Facilities Prepayment Amount calculated accordmg to Section G 1 F = the percentage expressed as a decunal by which the owner of the Assessor s Parcells partially prepaymg the Special Tax for Faclhtles A = the Adnllmstratlve Fees and Expenses calculated accordmg to SectIOn G I The owner of any Assessor s Parcel who deSires such prepayment shall notify the CFD Achmmstrator of such owner s mtent to partially prepay the Special Tax for Faclhtles and the percentage by which the Special Tax for Faclhtles shall be prepaid The CFD Achmmstrator I shall provide the owner With a statement of the amount reqwred for the partial prepayment of the Special Tax for Faclhtles for an Assessor s Parcel WIthm 30 days of the request and may charge a reasonable fee for provldmg thiS service With respect to any Assessor s Parcel that IS partially prepaid the CounCil shall (I) chstnbute the funds remitted to It accordmg to Section Gland (11) mchcate m the records of CFD No 2007-4 that there has been a partial prepayment of the Special Tax for Facilities and that a portIOn of the SpeCial Tax for Faclhtles With respect to such Assessor s Parcel equal to the outstandmg percentage (1 00 F) of the remammg Maxunwn Special Tax for Faclhtles shall contmue to be leVied on such Assessor s Parcel pursuant to SectIOn D above H TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Faclhtles shall be leVied for a penod not to exceed forty years commencmg With Fiscal Year 2007 2008 prOVided however that the SpeCial Tax for Faclhtles Will cease to be leVied m an earher Fiscal Year If the CFD Achmmstrator has determmed (I) that all reqUired mterest and pnnclpal payments on the CFD No 2007-4 Bonds have been paid (11) all Authonzed Faclhtles have been constructed and/or acqwred and all reimbursements to the developer for the construction and/or acqUisItion of such facilities have been paid as permitted by law and (111) all other obhgatlons ofCFD No 2007 4 have been satisfied I SPECIAL TAX FOR SERVICES The followmg additIOnal defimtlOns apply to thiS SectIOn I Developed Multifamily Umt means a residential dwellmg urnt wlthm a bUilding 10 wmch each of the mchvldual dwelhng units has or shall have at least one common wall WIth another dwelhng urnt and a bUlldmg permit has been Issued by the City for such dwelling umt on or pnor to May 1 precedmg the Fiscal Year m which the Special Tax for Services IS bemg leVIed Developed Smgle Family Umt means a residential dwelling unit other than a Developed Multifamily Umt on an Assessor s Parcel for which a bUlldmg permit has been Issued by the City on or pnor to May I precechng the Fiscal Year 10 which the SpeCial Tax for Services IS bemg leVied City of Lake Elsmore Community Facilities District No 2007 4 8/15/2007 Agel'ilfa lfum No 18 Page 73 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page B 14 Rate and Method of Apportionment 'Maximum Special Tax for SerVices' means the maXImum Special Tax for Services that can be levied by CFD No 2007-4 m any Fiscal Year on any Assessor s Parcel 'Operatmg Fund means a fund that shall be mamtamed for CFD No 2007-4 for any Fiscal Year to pay for the actual costs of mamtenance related to the Semce Area and the applicable Admmlstratlve Expenses Operatmg Fund Balance' means the amount of funds m the Operatmg Fund at the end of the precedmg Fiscal Year Service Area" means parks open space and storm drams "Special Tax for Services means any of the special taxes authonzed to be leVIed wlthm CFD No 2007 4 pursuant to the Act to fund the Special Tax Reqwrement for Services "Special Tax ReqUirement for SerVIces" means the amount determmed m any Fiscal Year for CFD No 2007-4 equal to (I) the budgeted costs directly related to the Service Area mcludmg mamtenance repair and replacement of certam components of the ServIce Area which have been accepted and mamtamed or are reasonably expected to be accepted and mamtamed dunng the current Fiscal Year (11) pay a proportIOnate share of Admmlstratlve Expenses and (111) anticipated Special Tax for Services delinquenCies based on the delinquency rate for the Special Tax for Services levy m CFD No 2007-4 for the prevIOus Fiscal Year less (IV) the Operatmg Fund Balance as determmed by the CFD Admmlstrator 1 Rate and Method of ApportIonment of the SpecIal Tax for Services Commencmg With Fiscal Year 2007 2008 and for each subsequent Fiscal Year the CounCil shall levy the Special Tax for Semces on (I) all Assessor s Parcels contammg a Developed Smgle Family Umt or Developed Multifamily Umt and (11) all Assessor s Parcels of Non ReSidential Property up to the applicable MaXimum Special Tax for Services to fund the SpeCial Tax ReqUirement for Services The Maximum SpeCial Tax for Semces for FIscal Year 2007 2008 shall be $251 78 per Developed Smgle FamIly Umt $12589 per Developed Multlfarmly Umt and $56702 per Acre for each Assessor s Parcel of Non ReSidential Property On each July 1 commencmg July I 2008 the Maximum Special Tax for Semces shall be mcreased by two percent (200%) of the amount m effect m the pnor Fiscal Year 2 DuratIon of the Special Tax for Services The Special Tax for ServICes shall be leVied m perpetUIty to fund the SpecIal Tax Reqwrement for Semces unless no longer reqwred as determmed at the sole discretlon of the CounCil 3 CollectIon of the Special Tax for SerVIces The Special Tax for Semces shall be collected m the same manner and at the same trme as ordinary ad valorem property taxes proVided however that CFD No 2007-4 may collect the SpecIal Tax for Services at a different tlme or m a dIfferent manner If necessary to meet ItS funding reqwrements CIty of Lake Elsmore Community FaCilities Dlstnct No 2007-4 8/15/2007 Ag~iWfaIftem No 18 Page 74 of 78 City of lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page B 15 Rate and Method of Apportionment J APPEALS AND INTERPRETATIONS Any landowner or resIdent who feels that the amount of the SpecIal Tax levIed on theIr Assessor s Parcel IS 10 error may submIt a wntlen appeal to CFD No 2007 4 The CFD Adm1Olstrator shall revIew the appeal and If the CFD Adm1Olstrator concurs the amount of the SpecIal Tax levIed shall be appropnately modIfied The CouncIl may 10terpret thIs Rate and Method of ApportIonment for purposes of clanfy10g any ambIguIty and make deterrmnaltons relaltve to the annual adm1OlstratlOn of the SpecIal Tax and any landowner or resIdent appeals Any decISIon of the CouncIl shall be final and b1Od1Og as to all persons City of Lake Els100re CommunIty Fac1llltes Dlslnct No 2007 4 8/15/2007 AglrflJa '?em No 18 Page 75 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) Exhibit B August 15 2007 Page 6-16 Rate and Method of Apportionment EXHmIT "A" CITY OF LAKE ELSINORE AND CFD No 2007 4 CERTIFICATE I Pursuant to SectIOn C of the Rate and Method of Apporl1onment the City of Lake Elsmore ( City ) and Cornmurnty Faclhl1es Dlstnct No 2007-4 of the City of Lake Elsmore ( CFD No 2007-4 ) hereby agree to a reductIOn m the Assigned Special Tax for Faclhl1es for Developed Property and the Backup Special Tax for Facdll1es attnbutable to a Fmal SubdlVlslOn Wlthm CFD No 2007-4 (a) The mformatlOn m Table I relatmg to the Assigned Special Tax for Facdll1es for Developed Property wlthm CFD No 2007-4 shall be modtfied as follows I Smgle Family Property More than 2 700 sq ft $ _ per umt 2 Smgle Family Property 2 450 - 2 700 sq ft $ per urnt 3 Smgle Famdy Property 2 200 - 2 449 sq ft $ per umt 4 Smgle Famdy Property 1950-2199 sq ft $ per urnt 5 Smgle Famdy Property 1700-1949 sq ft $ per urnt 6 Smgle Famdy Property Less than I 700 sq ft $ per umt 7 Apartment Property NA $ per Acre 8 Non Resldenl1al Property NA $ _ per Acre (b) The Backup SpeCial Tax for Faclhl1es attnbutable to a Fmal SubdtvlSlon wlthm CFD No 2007 4 as stated m Secl10n C I (c) shall be reduced from $13 395 per Acre to $_ per Acre 2 The SpeCial Tax for Fac1l1l1es may only be modified pnor to the first Issuance of CFD No 2007 4 Bonds 3 Upon executIOn of the Certificate by the City and CFD No 2007-4 the City shall cause an amended nol1ce of SpeCial Tax hen for CFD No 2007-4 to be recorded reflectmg the modlfical1ons set forth herem By executIOn hereof the underSigned acknowledges on behalf of the City and CFD No 2007 4 receipt of thiS Certificate and modlfical1on of the Rate and Method of ApportIOnment as set forth III thiS Certificate CITY OF LAKE ELSINORE By Date CFD Adtmmstrator COMMUNITY FACILITIES DISTRICT NO 20074 OF THE CITY OF LAKE ELSINORE By Date City of Lake Elsmore Commurnty Faclhl1es Dlstnct No 2007-4 8/15/2007 AgeVilfalfum No 18 Page 76 of 78 City of Lake Elsinore CFD No 2007-4 (Makenna Court) EXHIBIT C Property Owner List City of Lake Elsmore Commumty FacIlIties District No 2007-4 (Makenna Court) APN 379 150 001 379 150 002 379 150041 379 150 042 379 150 043 379 150 044 Property Owner List Owner MAKENNA COURT LLC MAKENNA COURT LLC MAKENNA COURT LLC MAKENNA COURT LLC MAKENNA COURT LLC CCI/W AH LLC Grand Total Acreage 600 600 1 19 1 19 1 19 719 2276 Q \ELSINORElCFD 2007-4 Maleenna 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C3 ~~ \OOv_ <o:tMMOO M II") ~ II") ~--- r-- o o '" ~ v !l = - ..., '" '" '" ... ~ o " ~ .. J < '" v " '" ~ .. 'il u '" ~ '<l !!!' ~ ~ g ... '" ~ Cl >> or> 13 l; fr ~ 0. o .g t;- o o U . E i 't "- c C N " ~ ~ ~ B 00 -3 _~ c] : ':>.. 9 ~ ..'''' ~ '" Cl U V ;;: ou ~ ",2J -6 '1l ~ 00 .0 0 t; ~...J ::I ~ 8.. c 8 v::I '"0 ] o III tlS= Ii! " ~ ou ~ g~ ] ~ ~ ~~ !~ R ~ ~gp~.a 0. ::g - '" .... ~ 't :g~luta~ B S t:;,65C1~ ~ ~ luOUI-<g,E- 0' Q ou~bQ<l"J)tlS ~ ~ "" 0 ~ '" 0 ~ ~I-<I-<UUQ C " ~<<:gg.~ ~ 0 <--1:jo", v i"i ~8'~E--~] ~ ~ o~~'i)]~ ~ OwwZ;;l"" ~ Ci Agenda Item No 18 Page 78 of 78 CITY OF ~ LAKE 6LSINO~ , , ~.~ DREAM E;(TREMEN REPORT TO CITY COUNCIL TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9 2007 SUBJECT TOYOTA MOTOR SALES, USA COVENANTS AGREEMENT CONTAINING Backaround Toyota Motor Sales USA Inc has agreed to purchase a 10 acres site located on Auto Center Dnve near Avenue 12 across from the Ford dealership Toyota IS proposing to construct a 74000 square foot state of the art Image USA II Toyota Dealership on the entire 10 acre site The City has previously assisted new development which created substantial public benefit In the way of public Infrastructure Job creation revenue generation and Improvements to the community with reimbursement agreements The funds are provided after the project IS complete and tax revenues are being generated Agreements for both Lake Chevrolet and Lake ElSinore Ford were fully reimbursed earlier than anticipated due to the success of each dealership The City has previously approved a reimbursement agreement on a portion of thiS site for a Chrysler/Dodge/Jeep dealership That agreement prOVides up to $911 812 In reimbursement for public Improvement and was to be paid over a penod of eight years As an alternative Toyota proposed eliminating the $911 812 reimbursement agreement and entenng Into a new agreement In which the dealership would receive an amount equal to 50 percent of the annual sales tax generated for a penod of SIX years If a Toyota dealership IS constructed the Chrysler/Dodge/Jeep dealership would have to be constructed on an alternate site At ItS August 28 2007 regular meeting the Council directed City staff to prepare an agreement consistent With the proposed terms taking Into account potential Incentives for an early opening of the dealership Agenda Item No 19 Page 1 of 16 Toyota Motor Sales USA Agreement Containing Covenants October 9 2007 Page 2 DIscussion The proposed Agreement Containing Covenants Affecting Real Property IS attached for the Council s consideration Under the terms of the Agreement Toyota IS required to continuously operate a Toyota brand dealership and maintain the property Payments to the dealership are based on a measure of sales tax generated from the project Beginning 2010 payments would be based on fifty percent (50%) of the quarterly sales tax revenues generated for SIX years after the commencement of operations If operations begin early (before 2010) payments would be equal to one hundred percent (100%) of the quarterly sales tax generated before January 1 2010 (after which the frfty percent allocation would commence) If the dealership discontinued operation within the SIX year term of the agreement payments would cease Toyota Motor Sales has indicated that It anticipates that the auto dealership will open In the last quarter of 2010 and that a 2009 earlY;lopenlng IS unlikely Toyota desires to present an alternative formula to the proposed 100% of sales tax revenue for early operations beginning before 2010 Such alternative will be presented by Toyota for consideration at the October 9 2007 meeting In closing Toyota IS one of the top automobile manufacturers In the world In terms of total vehicles sold The establishment of a Toyota dealership In Lake Elsinore would help attract other manufacturers such as Honda and Nlssan to locate dealerships In the City and further the development of the Lake Elsinore Automall along Auto Center Drive In addition to attracting new dealerships I a Toyota dealership would also help to Increase sales at eXisting dealerships which IS the basIs for the creation of an automall Increased chOices and competition will attract a greater number of customers The I dealership would also create between 100 and 150 new jobs and Spin off pUblic economic benefits Flscallmoact Toyota estimates that the average annual taxable sales would be approximately $89 102 200 for the first SIX years of operation In Lake ElSinore Based on Toyota Motor Sales projections the dealership would generate approximately $891 022 In sales tax revenues to the City each year and approximately $5 346 132 over the first SIX years of operation Under the terms of the proposed Agreement the City would pay Toyota an amount equal to half of the sales tax revenues received by the City dUring the term 2010 2016 or approximately $445 511 annually and $2 673 066 In the aggregate over the SIX year term Recommendations That the City Council approve the attached Agreement Containing Covenants Affecting Real Property and authorize the Mayor to execute the agreement subject to any minor modifications as may be approved by the City Attorney Agenda Item No 19 Page 2 of 16 Toyota Motor Sales October 9 2007 Page 3 Prepared by Approved by USA Agreement ContainIng Covenants Barbara Zeld Leibold City Attorney Robert A Bradyll.A City Manager 1tJ.LY Agenda Item No 19 Page 3 of 16 RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO ) ) City of Lake Elsinore ) 130 South Main Street ) Lake Elsinore CA 92530 ) Attention City Clerk ) ) (Space above for Recorder's Use Only) ThIs document.s exempt from the payment of a recording fee pursuant to Government Code Section 6103 AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (this Agreement) IS entered Into this _ day of October 2007 by and between the CITY OF LAKE ELSINORE a California mUnicipal corporation (the CItY) and TOYOTA MOTOR SALES, USA, INC a California corporation (the Toyota) with reference to the following recitals which are deemed to be a substantive part hereof A Toyota IS In escrow for the purchase of a ten (10) acre vacant site located at the southwest corner of Avenue 12 and Auto Center Drive The site consists of one (1) parcel Identified as Assessor Parcel No 363 130 086 and IS depicted on Attachment No 1 attached hereto and Incorporated by reference herein (hereinafter referred to as the Land) Toyota proposes to use the Land for operation of the Auto Dealership and customer services and other uses related and incidental thereto (the ProJect) I B The City deSires to encourage the development and operation of the Project In order to further the development of the Lake ElSinore Auto Mall along Auto Center Drive and satisfy an unmet need In the community for local car sales and service opportunities In addition the Project Will help to attract other motor vehicle dealerships Will generate significant economIc benefits to the CIty Including without limitation generation of Increased sales taxes and property taxes Will create new jobs and Will Increase name recognition and status for the City All of these benefits of the Project are consistent with and Implement certain goals and objectives In the Lake ElSinore General Plan and the Redevelopment Plan for Project Area No 1 In which the Land IS located C Subject to the provIsions set forth In thiS Agreement Toyota Will finance and complete the construction of the Project D Contingent upon the operation and use of the Land as a motor vehicle dealership City agrees to pay Toyota (or ItS successors and assigns as provided herein) a portion of sales taxes generated from the Project pursuant to the schedule set forth In Section 6 herein E Toyota has agreed with the City to cause thiS Agreement to be executed and recorded against the Land In order to bind Toyota and future owners of the Land to certain Page 1 Agenda Item No 19 Page 4 of 16 obligations regarding the on gOing use operation and maintenance ofthe Land and certain other covenants all as more particularly set forth herein NOW THEREFORE In consideration of the mutual benefits accruing to the parties hereto and for other valuable consideration the receipt and sufficiency of which IS hereby acknowledged Toyota on behalf of Itself and ItS successors assigns and each successor In Interest to the Land or any part thereof and the City hereby covenant and agree as follows 1 0 DEFINITIONS Capitalized terms set forth herein and not otherwise defined shall have the meanings set forth below "Auto Dealership" means a Toyota brand automobile dealership (including but not limited to Toyota Lexus and/or SCion) to be developed and operated on the Land together With such anCillary pnvate Improvements as are permitted by the City "Force Majeure Condlftons" mean war insurrection stnkes lockouts nots floods earthquakes fires casualties acts of God acts of the public enemy epidemics quarantine restnctlons freight embargoes governmental restnctlons or pnonty moratonum Initiative referendum unusually severe weather inability to secure necessary labor matenals or tools acts or omiSSions of the other party acts or failures to act of any other public or governmental agency or entity including Without limitation utilities litigation or other action commenced by a third party to enjoin or otherwise prohibit performance or any other cause beyond the reasonable control of a party Governmental ReqUirements' shall mean all laws ordInances statutes codes rules regulations orders and decrees of the United States the State of California the County of RiverSide the CIty or any other political subdiVISion In which the Land IS located and any other political subdiVISion agency or instrumentality exercIsing junsdlctlon over the City Toyota the Land or the Project "Operatmg Year" shall mean each annual penod commencing on the Commencement Date and terminating on each anniversary thereof 'Sales Tax Quarter' means a three month quarterly penod as deSIgnated by the State Board of Equalization In ItS reports to the City "Sales Tax Revenues' means that portion of taxes denved from the operation of the Project on the Land and received by the City from the ImpOSition of the Bradley Burns Uniform Local Sales and Use Tax Law commencing With Section 7200 of the Revenue and Taxation Code of the State of California as amended or ItS eqUivalent (which IS as of the effective date of thiS Agreement 1 % of the total taxable sales less the administrative and processing fees of the State Board of Equalization) Sales Tax Revenues shall be determined based upon returns for sales tax filed With the State of California by Toyota With respect to the bUSiness operations of the Project conducted on the Land In accordance hereWith that are delivered to the City and certified by Toyota to be true and correct and such other information as may be reasonably requested by the City Manager or his/her deSignee Page 2 Agenda Item No 19 Page 5 of 16 2 0 USE COVENANT Toyota shall use operate and maintain the Land and all buildings and Improvements thereon for the Project In accordance with all applicable Governmental Requirements and all conditions of approval associated with the City s approval of all entitlements required for the Project Toyota covenants and agrees that throughout the Term the Land shall be used solely for the Project In accordance with the terms of this Agreement and the Governmental Requirements (the Use Covenant) 3 0 OPERATING COVENANT Toyota hereby covenants and agrees to use and occupy the Land In accordance with all Governmental Requirements and solely for the operation of the Auto Dealership From and after the Commencement Date Toyota shall continuously and diligently operate the Auto Dealership on the Land (the Operating Covenant ) 40 MAINTENANCE AND REPAIR COVENANT Toyota at Toyota s sole cost and expense shall keep and maintain the Land and all bUildings landscaping Improvements and all facilities thereon In good order and repair and safe condition In accordance with the reqUirements and provIsions of this Agreement and all applicable Governmental ReqUirements Upon written notice from City detailing Instances by which Toyota IS In default herein Toyota shall make any and all additions to or alterations or repairs In and about the Land and the Improvements which may be required to cure the default The obligations of Toyota under this Section 30 shall be referred to herein as the Maintenance and Repair Covenant and Include 4 1 Intenor Mamtenance Toyota shall maintain the interior of the buildings located on the Land In a decent safe and sanitary condition and In good repair and condition and shall Immediately upon discovery thereof correct any health and safety code violations and any disrepair or defect In condition 4 2 Exterior Mamtenance Except dunng penods of construction the Land shall be kept free from the persistent accumulation of debriS and waste matenals All extenor painted surfaces shall be maintained at all times In a clean and presentable manner free from chipping cracking peeling and defaCing marks All broken Windows shall be Immediately repaired In order to prevent hazardous conditions and/or inVitation for trespassers and maliCIOUS mischief Except dUring periods of construction no lumber trash discarded equipment or other debriS shall be stored In areas VISible from the street Trash cans bins or containers shall be screened In accordance With the applicable Governmental Requirements 4 3 Graffiti Removal All graffiti and defacement of any type including marks I words and pictures must be removed and any 'necessary painting or repair completed Within the earlier of seventy two (72) hours of their creation or Within forty eight (48) hours after written notice to Toyota from the City 4 4 Landscapmq All extenor areas ofthe Land that are not buildings driveways or walkways shall be adequately and appropriately landscaped In accordance With applicable Governmental ReqUirements Except dUring periods of construction and re landscaping Landscaping on the Land shall be absent of the follOWing (a) lawns With grasses In excess of SIX (6) Inches In height (b) untrimmed hedges (c) trees shrubbery Page 3 Agenda Item No 19 Page 6 of 16 lawns and other plant life dYing from lack of water or other necessary maintenance (d) trees and shrubbery grown uncontrolled without proper pruning (e) vegetation so overgrown as to be likely to harbor rats or vermin (f) dead decayed or diseased trees weeds and other vegetation or (g) inoperative lITIgation systems 4 5 ReDalrs Toyota shall make all necessary repairs to maintain bUildings and I the Land In good condition and In compliance with the maintenance and landscaping requirements set forth herein 5 0 APPROVALS Toyota shall obtaIn and maIntain any and all necessary permits and approvals for the development and operation of the Project on the Land and City shall cooperate In ISSUing any and all necessary permits and approvals for the Project 60 CITY PAYMENT TO TOYOTA 6 1 City Payment In consideration ofToyota s compliance with thiS Agreement and Toyota s obligations hereunder including without limitation the obligation to operate the Auto Dealership In accordance with the requirements of thiS Agreement the City shall pay to Toyota subject to the satisfaction of the conditions precedent set forth In Section 6 2 and In accordance wIth the payment schedule set forth In Section 6 4 of thiS Agreement the City Payment Amount which shall be as follows (the Payment Covenant) (a) From the Commencement Date until December 31 2009 one hundred percent (100%) of the quarterly Sales Tax Revenues generated as a result of the Project (b) From the later ofthe CommencementDate or January 1 2010 through the Term of thiS Agreement fifty percent (50%) of the quarterly Sales Tax Revenues generated as a result of the Project The parties acknowledge that the City Payment Amount does not and IS not Intended to reimburse Toyota for Project costs and that Toyota shall have the obligatIon to pay for any and all costs of undertaking the Project regardless of the actual amount of the City Payment Amount All payments shall be made by City check payable to Toyota and drawn against Immediately available funds Payment shall be delivered to Toyota at the address set forth In thiS Agreement Notwithstanding anything herein to the contrary the formula set forth herein for determining the actual amount of the City Payment Amount IS not and shall not be construed to be a pledge (or pledges) of sales tax or any general fund revenue of the City and IS merely a means of computing the payments hereunder 6 2 Conditions Precedent (a) Initial Term The Cltys obligation to pay any portion of the City Payment Amount to Toyota dUring the Initial Term shall be subject to the follOWing conditions precedent (I) completion of construction of the Auto Dealership and the continuous operation thereof In full compliance with the terms and provIsions of thiS Agreement and (II) there shall eXist no condition event or act which would constitute a default hereunder or which upon giving notice or the passage of time would constitute a default provided however that upon cUring such default Toyota shall be deemed to have satisfied thiS condition precedent Page 4 Agenda Item No 19 Page 7 of 16 (b) Optional Extenslon(s) The City s obligation to pay any portion of the City Payment Amount to Toyota dUring any Optional Extension shall be subject to the follOWing (I) Toyota shall be In full compliance with all conditions precedent set forth In subparagraph (a) hereinabove (II) Toyota shall have proVided the written notice to the City exercIsing the Optional Extenslon(s) In accordance with Section 7 0 of thiS Agreement 6 3 No Acceleration It IS acknowledged by the parties that any payments by the City prOVided for herein may only be paid In those periods In which Toyota fully performs all of Toyota s obligations and the City receives the public benefits pursuant to thiS Agreement Therefore the failure ofthe City to make any payments dUring the Initial Term or any of the Optional ExtenSions shall not cause the acceleration of any future payments by the City to Toyota beyond the date of such default 6 4 City Payment to Toyota The City Payment Amount shall be paid by the City to Toyota In quarterly Installments wIthin ninety (90) days after the end of the each Sales Tax Quarter corresponding to the Initial Term and/or each Optional ExtenSion 65 Discontinuance of Operations In the event Toyota permanently discontinues operation of the Auto Dealership Toyota shall forfeit all future rights to payments accrUing hereunder after the year In which such discontinuance occurs In such event the amount of the City Payment under Sections 6 1 and 6 4 above for the Sales Tax Quarter In which such discontinuance occurs shall be calculated based upon the Sales Tax Revenues up to the date that such operations were permanently dIscontInued Operations shall be deemed to be permanently discontinued upon a declaration to that effect by Toyota or by Toyota ceasing operations for a period of twelve (12) consecutive months In the event that Toyota transfers fee title to the Land to any dealer any such declaration must be made by both Toyota and the transferee I and the discontinuation of operations by a speCifiC dealer shall not be conSidered ceasing operations within the meaning of the prior sentence unless a replacement dealer falls to commence operations within such twelve month period 7 0 TERM 7 1 Commencement Date and ExtenSions The term of the Use Covenant the Maintenance and Repair Covenant Payment Covenant and the Right of Access Covenant shall commence on the date City Issues Toyota a certificate of occupancy for the Project (the Commencement Date) and shall cease on the first anniversary of the Commencement Date (the Initial Term) unless otherwise extended by Toyota pursuant to thiS Section ProVided that Toyota IS not In default of thiS Agreement Toyota shall have five (5) consecutive annual options to extend the Initial Term for one (1) year each (indiVidually an Optional ExtenSion and collectively the Optional Extensions) prOVided however that the fifth Optional ExtenSion shall end on the earlier of the Sixth anniversary of the Commencement Date or December 31 2016 (as such date may be extended pursuant to Section 17 0 below) The Initial Term together With any and all of the Optional ExtenSions exerCised by Toyota In accordance hereWIth IS hereinafter referred to as the Term Toyota shall exercise each of the Optional ExtenSions by giving written notice to the City not more than ninety (90) days and no less than thirty (30) days prior to the expiration of the then current Term If Toyota fails to timely exercise any of the Optional Page 5 Agenda Item No 19 Page 8 of 16 Extensions In accordance herewith then all subsequently exercisable Optional ExtenSions shall be vOidable by City and of no further force or effect following wntten notice thereof by City to Toyota and failure by Toyota to exercise such Optional ExtenSion within fifteen (15) bUSiness days of such notice Notwithstanding the foregOing Toyota may terminate this Agreement prior to the Commencement Date for any reason 7 2 City Release Upon Termmatlon Upon the expiration or earlier termination of this Agreement City shall execute acknowledge and deliver to Toyota a written Instrument In recordable form eVidenCing the termination of Toyota s obligations hereunder and otherwise In a form reasonably requested by Toyota and any title Insurance company ISSUing a policy of title Insurance In connection With the sale lease encumbrance or other transfer of any Interest In the Land 80 COVENANTS RUN WITH THE LAND The covenants restrictions and obligations established In this Agreement shall Without regard to technical clasSification or deSignation be binding on Toyota and the City their successors and assigns and any successor In Interest to the Land or any part thereof for the benefit of and In favor of the City and Toyota their successors and assigns For example whenever the word Toyota IS used herein It shall Include the owner as of date of execution of thiS Agreement and any and all successive owners or assigns of the Land and the proVISions hereof are expressly binding upon and benefit all such successive owners or assigns and the parties agree all such provIsions shall run With the land Notwithstanding anything to the contrary herein Toyota or any other person holding fee title to the Land shall only be liable for obligations accrUing dUring the time In which Toyota or such person held fee title Upon the Commencement Date the City shall cause a fully executed copy of thiS Agreement to be recorded In the Office of the RiverSide County Recorder 9 0 NOTICES All notices shall be given In writing by personal delivery by a reputable overnight courier service or certified mall postage prepaid and return receipt requested Notices shall be addressed as follows City City of Lake ElSinore 130 S Main Street Lake ElSinore Callforma 92530 Attention City Manager With Copy to Barbara Zeld Leibold City Attorney Leibold McClendon & Mann P C 23422 Mill Creek Drive SUite 105 Laguna Hills California 92653 If to Toyota National Manager Toyota Dealer Investment Group Toyota Motor Sales USA Inc 19001 South Western Avenue A138 Torrance California 90501 Page 6 Agenda Item No 19 Page 9 of 16 Any notice given by mall shall be deemed effective upon receipt or If not deliverable then upon first attempted delivery Upon the Commencement Date all notices to Toyota shall also be copied to the dealer at the address of the Land In addition to the onglnal notice to the National Manager as reference above Either party through wntten notIce to the other may provIde dIfferent or additional notice addresses 100 REMEDIES Subject to the extensions of time set forth In Section 170 of thiS Agreement failure by either party to perform any action or covenant required by thiS Agreement or to comply with any provIsion of thiS Agreement within the time penods provided herein following notice and failure to cure as descnbed hereafter constitutes a Default under thiS Agreement A party claiming a Default shall give wntten notice of Default to the other party specifying the alleged Default with copies of such notice delivered by claimant as required by Section 9 0 Except as otherwise expressly prOVided In thiS Agreement the claimant shall not Institute any proceeding against any other party on or before thirty (30) days from the date of the notice of Default and the other party shall not be In Default If such party within thirty (30) days from the date of such notice cures such default or If such default IS not reasonably capable of being cured within such time penod Immediately and with due diligence commences to cure correct or remedy such failure or delay and completes such cure correction or remedy promptly and with due diligence Upon Default by either party hereto the non defaulting party may terminate thiS Agreement by delivery In accordance with the requirements of Section 9 0 of wntten notice of termination to the party In Default and may proceed with any other legal or eqUitable remedies available under the law provided however the City acknowledges and agrees that (1) It shall have no nghts of foreclosure under thiS Agreement and (2) City s sole remedy for a discontinuation of operations of the motor vehicle dealership on the Land shall be the remedy provided under Section 6 5 above 11 0 SEVERABILITY If any term provISion condition or covenant of thiS Agreement or ItS application to any party or circumstances shall be held to any extent invalid or unenforceable the remainder of thiS Agreement or the application of the term prOVIsion condition or covenant to persons or circumstances other than those as to whom or which It IS held invalid or unenforceable shall not be affected and shall be valid and enforceable to the fullest extent permItted by law 12 0 TITLES AND CAPTIONS TItles and captions are for convenience of reference only and do not define descnbe or limit the scope or the Intent of thiS Agreement 130 MODIFICATION The City ItS successors and assigns and Toyota and ItS successors and assigns In and to all or any part of the fee title to the Land shall have the nght to consent and agree to changes In or to eliminate In whole or In part any of the covenants herein without the consent of any tenant lessee easement holder licensee mortgagee trustee benefiCiary under a deed of trust or any other person or entity having any Interest less than a fee Interest In the Land Page 7 Agenda Item No 19 Page 10 of 16 140 PRIORITY This Agreement shall be subordinate only to the lien securing construction and permanent financing City shall execute and deliver to Toyota or ItS lenders any document reasonably related to effectuate the Intent of the subordination 15 0 WAIVER The waiver by one party of the performance of any covenant condition or promise shall not Invalidate thiS Agreement nor shall It be conSidered a waiver by such party of any other covenant condition or promise hereunder 160 ATTORNEYS' FEES In the event of litigation arising out of any breach of thiS Agreement the prevailing party shall be entitled to recover reasonable costs and attomey s fees and all costs fees and expenses Incurred In any appeal or In collection of any Judgment 170 INDEMNTIY To the fullest extent permitted by law Toyota shall defend indemnify assume all responsIbility for and hold the City and ItS officers employees agents and I representatives harmless from any and all losses damages liabilities claims causes of action Judgments settlements court costs reasonable attorneys fees and other legal expenses and other expenses whIch they may suffer or Incur relating to the subject matter of thiS Agreement or the approval or Implementation thereof and for any damages to property or InjUries to persons including aCCidental death which may be caused by any of Toyota s actiVIties under thiS Agreement including Without limitation (I) Toyota s failure to comply With all Governmental ReqUirements In connection With the development construction and/or operation of the Project Including Without limitation applicable labor I and wage standards or requirements (If any) environmental laws including regulation of hazardous materials Without limitation Sections 25115 25117 251227 or 25140 of the California Health & Safety Code DIVISion 20 Chapter 6 5 (Hazardous Waste Control Law)) Section 25316 of the California Health and Safety Code DIVISion 20 Chapter 6 8 (Carpenter Presley-Tanner Hazardous Substance Account Act) SectIon 25501 of the California Health and Safety Code DIVISion 20 Chapter 6 95 (Hazardous Materials Release Response Plans and Inventory) Section 25281 of the California Health and Safety Code DIVISion 20 Chapter 6 7 (Underground Storage of Hazardous Substances) and Article 9 or Article 11 of Title 22 of the California Code of Regulations DIVISion 4 Chapter 20 City zOning and development standards bUilding plumbing mechanical and electrical codes disabled and handicapped access reqUirements including Without limitation the Americans WIth Disabilities Act 42 US C Section 12101 et seq Government Code Section 4450 et seq and Government Code Section 11135 et seq (II) defects In the deSign of the Project the Project plans or draWings and for defects In any structural or other work performed by or on behalf of Toyota including (Without limitation) the Violation of any Governmental ReqUirements and for defects In any work done according to the City approved plans (III) Article XVI 96 and/or 9 16 of the California Constitution and (IV) the breach of any term or condition of thiS Agreement whether such actiVities or performance thereof be by Toyota or by anyone directly or indirectly employed or contracted With by Toyota and whether such damage shall accrue or be discovered before or after termination of thiS Agreement Toyota shall not be liable for property damage or bodily injury occasioned by the intentional act or the negligence ofthe City or ItS officers employees agents and representatives Page 8 Agenda Item No 19 Page 11 of 16 180 FORCE MAJEURE (a) Performance by either party hereunder shall not be deemed to be In Default where delays or Defaults are due to the Force Majeure Conditions (b) In the eventthatthe Commencement Date IS later than January 1 2011 the last day of the fifth Optional ExtenSion shall be extended to the extent that the delay In the Commencement Date IS due to the Force Majeure Conditions Notwithstanding anything to the contrary In thiS Agreement an extension of time shall be for the period of the enforced delay and ,shall commence to run from the time of the commencement of the cause If notice by the party claiming such extension IS sent to the other party within thirty (30) days of the commencement of the cause provided however such period of enforced delay shall not exceed a total cumulative period of two (2) years NotwIthstandIng the foregOing In no event shall Toyota be entitled to a Force Majeure delay or delays due to an inability to obtain finanCing or as a result of general market conditions Interest rates or other Similar circumstances that make development or operation Impossible commercially Impracticable or infeasible Times of performance under thiS Agreement may also be extended In writing by the mutual agreement of the City Manager and Toyota [Signatures on Next Page] Page 9 Agenda Item No 19 Page 12 of 16 IN WITNESS WHEREOF the parties have executed this Agreement as of the date and year first wntten above 'CITY" CITY OF LAKE ELSINORE a mUnicipal corporation By Robert E Magee Mayor ATTEST By VIVian Munson City Clerk APPROVED AS TO FORM Leibold McClendon & Mann P C By Barbara Zeld Leibold City Attorney "TOYOTA" TOYOTA MOTOR SALES, USA INC a California Corporation By Its By Its Page 10 Agenda Item No 19 Page 13 of 16 ATTACHMENT NO 1 LEGAL DESCRIPTION [To Be Inserted] Agenda Item No 19 Page 14 of 16 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of ) )SS On before me personally appeared NAME(S) OF SIGNER(S) personally known to me e)R. proved to me on the basIs of satisfactory eVidence to be the person(s) whose name(s) Is/are subscnbed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacltylles and that by his/her/their slgnature(s) on the Instrument the person(s) or the entity upon behalf of which person(s) acted executed the Instrument Witness my hand and official seal SIGNATURE OF NOTARY OPTIONAL Although the data below IS OPTIONAL It may prove valuable to persons relymg on the document and could prevent fraudulent reattachment of this form Capacity claimed by signer H Individual H Corporate Officer( s) H Partner( s) H General H Limited H Attorney In fact H Trustee(s) H Guardian/Conservator H Other Description of Attached Document TItle or Type of Document Number of Pages Date of Document Signer IS representmg Name of Person(s) or EntltY(les) Slgner(s) Other Than Named Above Agenda Item No 19 Page 15 of 16 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of On ) )SS before me personally appeared NAME(S) OF SIGNER(S) personally known to me .::>R. proved to me on the basIs of satisfactory eVidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacltylres and that by his/her/their slgnature(s) on the Instrument the person(s) or the entity upon behalf of which person(s) acted executed the Instrument Witness my hand and offiCial seal SIGNATURE OF NOTARY OPTIONAL Although the data below IS OPTIONAL It may prove valuable to persons relYing on the document and could prevent fraudulent reattachment of thIS form Capacity claimed by signer DeSCription of Attached Document H Individual H Corporate Officer( s) TItle or Type of Document H Partner( s) H General H Limited H Attorney In fact Number of Pages H Trustee(s) H Guardian/Conservator H Other Date of Document Signer IS representing Name of Person(s) or EntltY(les) Slgner(s) Other Than Named Above Agenda Item No 19 Page 16 of 16 CITY OF ~ LAK.E ,&,LSINORJ: '?t.~ DREAM E;(TREMEN REPORT TO CITY COUNCIL TO HONORABLE AND MEMBERS OF THE CITY COUNCIL FROM ROBERT A BRADY CITY MANAGER DATE OCTOBER 9, 2009 SUBJECT SECOND READING - ADOPTION OF ORDINANCE NO 1231. REGARDING THE DUTIES AND'RESPONSIBILlTIES OF THE PUBLIC SAFETY ADVISORY COMMISSION DIscussion Ordinance No 1231 was Introduced at a regular City Council meeting on September 25 2007 and IS now being presented for second reading and adoption Recommendation Waive further reading and adopt Ordinance No 2007 1231 entitled ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA AMENDING SECTION 246 060 SUBPARAGRAPHS I ANDJ OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE DUTIES AND RESPONSIBILITIES OF THE PUBLIC SAFETY ADVISORY COMMISSION Prepared by VIVian M Munso~ City Clerk Robert A Brad,/J~ City Manager y~ Approved by Agenda Item No 20 Page 1 of 4 ,. ORDINANCE NO 1231 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 J;\ND RESPONSIBILITIES OF THE PUBLIC SAFETY ADVISORY COMMISSION WHEREAS, the Public Safety AdvIsory Commission (the Commission) was established to serve as a condUit of Infonnatlon 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 lis hereby added as follows I The Commission shall hear citizen s 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 penod 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 I 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 1 Agenda Item No 20 Page 2 of 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the CIty Council of the City of Lake Elsinore California on this 9th day of October 2007 ROBERT E MAGEE MAYOR CITY OF LAKE ELSINORE ATTEST VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE 2 Agenda Item No 20 Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSUDE )ss CITY OF LAKE ELSINORE ) I VIVIAN M MUNSON City Clerk of the City of Lake Elsinore California hereby certify that the foregoing Ordinance No was Introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 25th day of September 2007 and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 9th day of October 2007 by the following roll call vote AYES NOES ABSENT ABST AI N VIVIAN M MUNSON CITY CLERK CITY OF LAKE ELSINORE 3 Agenda Item No 20 Page 4 of 4